HomeMy WebLinkAboutReg 2014-05-19 COMPLETE AGENDA PACKETL Tukwila City Council Agenda
❖REGULAR MEETING •
Op 2 Jim Haggerton,
.y David
Mayor Councilmembers + Joe Duffie + Dennis Robertson
Cline, CityAdministrator + Allan Ekberg + Verna Seal
Quinn, Council President + Kathy Hougardy + Kate Kruller
De'Sean
Monday, May 19, 2014; 7:00 PM • Ord #2439 • Res #1826
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. SPECIAL
PRESENTATIONS
a. Recognition of "Tukwila, City of Opportunity" scholarship recipients
Tulasa Ghimirey and Lea Buenavista. Joyce Trantina, Mayors Office
b. 2013 employee awards. Joyce Trantina, Mayor's Office
c. Tukwila School District Strategic Plan. Dr. Nancy Coogan,
Tukwila School District Superintendent.
d. Tukwila's response to the Oso mudslide event.
Marty Grisham, Emergency Management Coordinator, City of Tukwila.
3. APPOINTMENTS/
PROCLAMATIONS
a. A proclamation declaring May 18 -24, 2014, as "National Emergency
Medical Services (EMS) Week."
b. A proclamation declaring May 18 -24, 2014, as "National Public Works
Week."
Pg.1
4. CITIZEN
COMMENT
At this time, you are invited to comment on items not included on this agenda
(p /ease limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
5. CONSENT
AGENDA
a. Approval of Minutes: 5/5/14 (RegularMtg.)
b. Approval of Vouchers.
c. A resolution rejecting all bids submitted for the Commercial Business
District Sanitary Sewer Rehabilitation and 2013 Andover Park West to
Andover Park East Sewer Repair Project. (Reviewed and forwarded to
Consent by Utilities Committee on 5/5/14.)
d. Accept as complete the Surface Water Lift Station No. 15 Project
(contract #13 -142) with Gary Harper Construction, Inc.; authorize
release of retainage subject to the standard claim and lien release
procedures (final cost of project, including retainage: $336,394.10).
(Reviewed and forwarded to Consent by Utilities Committee on
5/5/14.)
e. Authorize the Mayor to sign an Interlocal Agreement with the City of
Seattle for Hearing Examiner services. (Reviewed and forwarded to
Consent by Community Affairs and Parks Committee on 5/13/14.)
f. Authorize the Mayor to sign an Interlocal Agreement with King County
regarding Community Development Block Grant (CDBG) funds.
(Reviewed and forwarded to Consent by Community Affairs and Parks
Committee on 5/13/14.)
Pg.3
Pg.13
Pg.21
Pg.31
(continued...)
REGULAR MEETING
Monday, May 19, 2014
Page 2
6. UNFINISHED
BUSINESS
An ordinance renewing a moratorium within the City of Tukwila on the
establishment, location, operation, licensing, maintenance or continuation
of medical cannabis collective gardens or dispensaries.
Pg.57
7. NEW BUSINESS
Tukwila South:
(1) Discussion on an ordinance relating to development agreements
authorized pursuant to Chapter 18.86 of the Tukwila Municipal
Code; approving and authorizing the third amendment to the
Tukwila South Development Agreement with Segale Properties,
LLC, a Washington limited liability company.
(2) Discussion on a fire facilities agreement with Segale Properties,
LLC.
Pg.63
Pg.67
Pg.75
8. REPORTS
a. Mayor
b. City Council
c. Staff - City Administrator Report
d. City Attorney
e. Intergovernmental
Pg.87
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at
www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio /video taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings - Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
1
Office of the Mayor
City of Tukwila, Washington
PROCL TION
WHEREAS, the Public Works services provided in our community are
an integral part of the daily lives of our citizens; and
WHEREAS, the efficient and effective provision of these services greatly
enhances the health, safety, and welfare of our community; and
WHEREAS, quality and effectiveness in the design and
construction of public facilities and in the provision of public services is vitally
dependent on the knowledge, skills, and dedication of the Public Works staff
and officials in the City of Tukwila; and
WHEREAS, the support of the community and the understanding of
the importance of the work performed by Public Works staff significantly
influences their ability to respond to the needs of the citizens;
NOW, THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila,
do hereby proclaim May 18 through May 24, 2014, with this year's theme
"Public Works: Building for Today, Planning for Tomorrow" as:
National Public Works Week
in the City of Tukwila, and I invite all citizens and civic organizations to
acquaint themselves with the challenges confronted in the provision of
Public Works services in our community and to recognize the daily
contributions our Public Works Department staff make to our health,
safety and quality of life.
Signed this 19th day of May, 2014.
on, Mayor
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COUNCIL AGENDA SYNOPSIS
------- --------------------------
Meeting Date
Prepared h
Mayor's review
ouncil mien!
05/19/14
BG
'-'71/144----
El Ordinance
Mg Dale
El Bid Award
Mtg Date
E Public Healing
AN Date
[11] Other
Ai tgDate
Mtg Date 05/19/14
SPONSOR E Council 1 Mayor E HR E DCD LI Finance LI1 17re LJ IT • P&R Police P IF
SPONSOR'S The Commercial Business District (CBD) Sanitary Sewer Rehabilitation & 2013 Andover
SUMMARY Park West to Andover Park East Sewer Repair Project was advertised for bids on March 31
and April 7, 2014 and one (1) bid was received. The budget was $700,000, the Engineer's
Estimate was $674,721, and Shoreline Construction Co. submitted a bid of $860,106.08. As
the bid was over budget, Council is being asked to approve the Resolution rejecting all
bids. The project will be re-advertised after implementing cost saving revisions.
REVIEWED BY E COW Mtg. El CA&P Cmte El F&S Cmte E Transportation Cmte
Z Utilities Cmte LI Arts Comm. 11 Parks Comm. E Planning Comm.
DATE: 05/05/14 COMMITTEE CHAIR: KATE KRULLER
RECOMMENDATIONS:
SPONSOR/ADNIIN,
COMMITTEE
Public Works
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
ITEM INFORMATION
ITEM No.
5.C.
CAS NUMBER:
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 05/19/14
AGENDA ITEM TITLE CBD Sanitiary Sewer Rehabilitation & 2013 APW to APE Sewer Repair
Resolution to Reject All Bids
CivrtGORY E Dircuthon
AltgDate
Motion
Mtg Date
Resolution
El Ordinance
Mg Dale
El Bid Award
Mtg Date
E Public Healing
AN Date
[11] Other
Ai tgDate
Mtg Date 05/19/14
SPONSOR E Council 1 Mayor E HR E DCD LI Finance LI1 17re LJ IT • P&R Police P IF
SPONSOR'S The Commercial Business District (CBD) Sanitary Sewer Rehabilitation & 2013 Andover
SUMMARY Park West to Andover Park East Sewer Repair Project was advertised for bids on March 31
and April 7, 2014 and one (1) bid was received. The budget was $700,000, the Engineer's
Estimate was $674,721, and Shoreline Construction Co. submitted a bid of $860,106.08. As
the bid was over budget, Council is being asked to approve the Resolution rejecting all
bids. The project will be re-advertised after implementing cost saving revisions.
REVIEWED BY E COW Mtg. El CA&P Cmte El F&S Cmte E Transportation Cmte
Z Utilities Cmte LI Arts Comm. 11 Parks Comm. E Planning Comm.
DATE: 05/05/14 COMMITTEE CHAIR: KATE KRULLER
RECOMMENDATIONS:
SPONSOR/ADNIIN,
COMMITTEE
Public Works
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
05/19/14
MTG. DATE
ATTACHMENTS
05/19/14
Informational Memorandum dated 05/02/14
Draft Resolution
Bid Tabulation
Minutes from the Utilities Committee meeting of 05/05/14
3
4
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
BY: Mike Cusick, PE, Senior Program Manager
DATE: May 2, 2014
SUBJECT: CBD Sanitary Sewer Rehabilitation & 2013 APW TO APE Sewer Repair
Project No. 91140203
Resolution to Reject All Bids
ISSUE
Reject the bid for the CBD Sanitary Sewer Rehabilitation and 2013 APW TO APE
Sewer Repair.
BACKGROUND
The project was advertised for bids on March 31 and April 7, 2014, and one (1) bid was
opened on April 14, 2014. The Engineer's Estimate was $621,721.00. Shoreline
Construction Co. submitted the only bid of $860,106.08, which is $238,385.08 over the
Engineer's Estimate (and does not include a 10% contingency).
ANALYSIS
In order to award the project to Shoreline Construction Co., the City would need to
increase the project funding by approximately $300,000.00 to pay for the higher bid and
the associated increased contingency. The proposed Resolution will reject the bid and
re-advertise the project after implementing any cost saving revisions.
BUDGET AND BID SUMMARY
Engineer's Shoreline's
Estimate Bid Budget
Construction (Bid Amount incl. tax) $ 621,721.00 $ 860,106.08 $ 700,000.00
Contingency (10%) 56,778.17 78,485.50
Total $ 678,499.17 $ 938,591.58 $ 700,000.00
RECOMMENDATION
Council is being asked to approve the Resolution rejecting the bid for the CBD Sanitary
Sewer Rehabilitation Project and consider this item on the Consent Agenda at the May
19, 2014 Regular Meeting.
Attachments: Draft Resolution
Bid Tabulation
WAPW EngIPROJECTSVA- SW Projects\CBD Sewer Rehabilitation (91140203)4ConstructionlInfo Memo UC Memo Reject-Accept Bids 4-18-1Aclocx
5
6
AFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REJECTING ALL BIDS
SUBMITTED FOR THE COMMERCIAL BUSINESS
DISTRICT SANITARY SEWER REHABILITATION AND
2013 ANDOVER PARK WEST TO ANDOVER PARK
EAST SEWER REPAIR PROJECT.
WHEREAS, sealed bids were solicited for the Commercial Business District (CBD)
Sanitary Sewer Rehabilitation and 2013 Andover Park West (APW) to Andover Park
East (APE) Sewer Repair Project; and
WHEREAS, bids were opened and read aloud by the City Clerk on April 14, 2014;
and
WHEREAS, a budget was set for the construction of the sewer improvements; and
WHEREAS, the one responsive bid received was over the budgeted amount for the
construction of the CBD Sewer Rehabilitation and 2013 APW to APE Sewer Repair
Project; and
WHEREAS, the City reserved the right to reject all bids in its call for bids, and RCW
35.23.352 provides for the rejection of any or all bids by resolution of the City Council;
and
WHEREAS, the City wishes to reject the bid due to budget limitations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
All bids are hereby rejected due to budget limitations.
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7
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
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Page 2 of 2
CBD SANITARY SEWER REHABILITATION
PROJECT NO. 91140203
M. CUSICK, PE
14- Apr -14
Engineer's
Estimate
CONTRACTOR
PAGE 1
BID SCHEDULE A
RH2
SHORELINE
BID SCHEDULE ITEM
ITEM
QUANTITY
UNITS
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
REPAIR FROM APE TO APW
QUANTITY
UNITS
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
Al
MOBILATION
1
LS
$ 18,120.00
$ 18,120.00
$ 20,000.00
$ 20,000.00
A2
TRAFFIC CONTROL
1
LS
$ 4,200.00
$ 4,200.00
$ 10,000.00
$ 10,000.00
A3
TRENCH SAFTY SYSTEM
1
LS
$ 672.00
$ 672.00
$ 20,000.00
$ 20,000.00
A4
TEMP EROSION CONTROL
1
LS
$ 1,800.00
$ 1,800.00
$ 5,000.00
$ 5,000.00
A5
BYPASS CLEANING
1
LS
$ 19,200.00
$ 19,200.00
$ 10,000.00
$ 10,000.00
A6
DEWATERING
1
LS
$ 18,720.00
$ 18,720.00
$ 60,000.00
$ 60,000.00
A7
DEWATERING CONVEYANCE
1
LS
$ 4,800.00
$ 4,800.00
$ 10,000.00
$ 10,000.00
A8
12' PVC PIPE
56
LF
$ 162.00
$ 9,072.00
$ 600.00
$ 33,600.00
A9
LIGHT WEIGHT BACKFILL
400
TONS
$ 48.00
$ 19,200.00
*
$ 50.00
$ 20,000.00
A10
6" HMA PATCH
111
SY
$ 60.00
$ 6,660.00
$ 150.00
$ 16,650.00
A 11
FOUNDATION MATERIAL
10
TONS
$ 42.00
$ 420.00
$ 50.00
$ 500.00
Al2
SEAL COAT & RESTRIPING
1778
SY
$ 6.00
$ 10,668.00
$ 7.00
$ 12,446.00
A13
RESTORATION
1
LS
$ 24,000.00
$ 24,000.00
$ 20,000.00
$ 20,000.00
A14
POST CONSTRUCTION INSPECTION
1
LS
$ 600.00
$ 600.00
$ 3,000.00
$ 3,000.00
TOTAL
$ 138,132.00
TOTAL
$ 241,196.00
**
SALES TAX
$ 13,122.54
SALES TAX
$ 22,913.62
TOTAL
$ 151,254.54
TOTAL
$ 264,109.62
BID SCHEDULE B
RH2
SHORELINE
BID SCHEDULE ITEM
ITEM
QUANTITY
UNITS
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
APE MANHOLE INSTALLATION
QUANTITY
UNITS
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
B1
MOBILATION
1
LS
$ 4,800.00
$ 4,800.00
$ 12,000.00
$ 12,000.00
B2
TRAFFIC CONTROL
1
LS
$ 6,000.00
$ 6,000.00
$ 20,000.00
$ 20,000.00
B3
TRENCH SAFTY SYSTEM
1
LS
$ 840.00
$ 840.00
$ 10,000.00
$ 10,000.00
B4
DEWATERING
1
LS
$ 1,800.00
$ 1,800.00
$ 5,000.00
$ 5,000.00
B5
TEMP EROSION CONTROL
1
LS
$ 12,960.00
$ 12,960.00
$ 27,000.00
$ 27,000.00
B6
DEWATERING CONVEYANCE
1
LS
$ 2,400.00
$ 2,400.00
$ 10,000.00
$ 10,000.00
B7
10' PVC PIPE
10
LS
$ 132.00
$ 1,320.00
$ 1,300.00
$ 13,000.00
B8
MANHOLE FOUNDATION
1
LS
$ 960.00
$ 960.00
$ 1,000.00
$ 1,000.00
B9
48" MANHOLE AND COVER
1
EA
$ 7,200.00
$ 7,200.00
$ 15,000.00
$ 15,000.00
B10
48" MANHOLE EXTRA DEPTH
4
VF
$ 210.00
$ 840.00
$ 100.00
$ 400.00
B11
LIGHTWEIGHT BACK FILL
95
TONS
$ 48.00
$ 4,560.00
$ 50.00
$ 4,750.00
B12
9" HMA PATCH
16
SY
$ 90.00
$ 1,440.00
$ 700.00
$ 11,200.00
B13
HMA OVERLAY RE- STRIPING
225
SY
$ 30.00
$ 6,750.00
$ 80.00
$ 18,000.00
TOTAL
$ 51,870.00
TOTAL
$ 147,350.00
SALES TAX
$ 4,927.65
SALES TAX
$ 13,998.25
TOTAL
$ 56,797.65
TOTAL
$ 161,348.25
CO
0
CBD SANITARY SEWER REHABILITATION
PROJECT NO. 91140203
Engineer's
Estimate
PAGE 2
CONTRACTOR
BID SCHEDULE C
RH2
SHORELINE
BID SCHEDULE ITEM
ITEM
QUANTITY
UNITS
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
CIPP LINING
.MOBILATION
QUANTITY
UNITS
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
C1
MOBILATION
1
LS
$ 28,500.00
$ 28,500.00
$ 20,000.00
$ 20,000.00
C2
TRAFFIC CONTROL
1
LS
$ 12,000.00
$ 12,000.00
$ 85,000.00
$ 85,000.00
C3
PRE - CLEANING VIDEO INSPECTION
1
LS
$ 4,960.00
$ 4,960.00
$ 3,300.00
$ 3,300.00
C4
CLEAN AND PREP SEWER
1
LS
$ 9,920.00
$ 9,920.00
$ 3,300.00
$ 3,300.00
C5
VIDEO INSPECTION PRIOR TO CONSTRUCTION
1
LS
$ 4,960.00
$ 4,960.00
$ 3,300.00
$ 3,300.00
C6
PROVIDE WASTEWATER BYPASS
1
LS
$ 13,888.00
$ 13,888.00
$ 1,000.00
$ 1,000.00
C7
10" CIPP LINER
663
LF
$ 57.00
$ 37,791.00
$ 48.00
$ 31,824.00
C8
10" CIPP LINER
3305
LF
$ 60.00
$ 198,300.00
$ 55.00
$ 181,775.00
C9
LATERAL REINSTALLATION
4
EA
$ 575.00
$ 2,300.00
$ 235.00
$ 940.00
TOTAL
$ 312,619.00
TOTAL
$ 330,439.00
SALE TAX
$ 29,698.81
SALE TAX
$ 31,391.71
TOTAL
$ 342,317.81
TOTAL
$ 361,830.71
BID SCHEDULE D
RH2
SHORELINE
BID SCHEDULE ITEM
ITEM
QUANTITY
UNITS
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
MANHOLE REPAIR
D1
MOBILATION
1
LS
$ 2,760.00
$ 2,760.00
$ 5,000.00
$ 5,000.00
D2
TRAFFIC CONTROL
7
EA
$ 720.00
$ 5,040.00
$ 1,500.00
$ 10,500.00
D3
RECHANNEL MANHOLES
5
EA
' $ 1,200.00
$ 6,000.00
$ 1,500.00
$ 7,500.00
D4
MH PREPARATORY WORK
4
EA
' $ 540.00
$ 2,160.00
$ 1,500.00
$ 6,000.00
D5
CHIP GROUT PIPE PENETRATIONS
8
EA
$ 840.00
$ 6,720.00
$ 2,000.00
$ 16,000.00
D6
ROOT CONTROL
3
EA
$ 300.00
$ 900.00
$ 1,000.00
$ 3,000.00
D7
REMOVE EXISTING DROP CONNECTION
2
EA
$ 360.00
$ 720.00
$ 3,000.00
$ 6,000.00
D8
INSTALL DROP CONNECTION
3'EA
$ 1,440.00
$ 4,320.00
$ 3,500.00
$ 10,500.00
D9
REPLACE LADDER
2
EA
$ 480.00
$ 960.00
$ 1,000.00
$ 2,000.00
TOTAL
$ 29,580.00
TOTAL
$ 66,500.00
SALES TAX
$ 2,810.10
SALES TAX
$ 6,317.50
TOTAL
$ 32,390.10
TOTAL
$ 72,817.50
*CITY CORRECTION OF AMOUNT RH2
** CITY CORRECTION OF TOTAL SHORELINE
BID SCHEDULE A
BID SCHEDULE B
BID SCHEDULE C
BID SCHEDULE D
TOTAL
$ 151,254.54
$ 56,797.65
$ 342,317.81
$ 32,390.10
$ 582,760.10 * **
* ** ON JAN. 15 RH2 PROVIDED THE CITY WITH
WITH THE AMOUNT OF $621,721.00
$ 264,109.62
$ 161,348.25
$ 361,830.71
$ 72,817.50
860,106.08
UTILITIES COMMITTEE
Meeting Minutes
May 5, 2014 — 5:15 p.m. — Foster Conference Room, 6300 Building
x~�. Tukwila
City of � ���������a
Utilities Committee
PRESENT
Councilmembers: Kate Kruller, Chair; Kathy Hougardy, Allan Ekberg (by phone)
Staff: Bob Giberson, Robin Tischmak, Pat Brodin, Mike Cusick, Gail Lgbnnara, Laurel
Humphrey
CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m.
I. PRESENTATIONS
U. BUSINESS AGENDA
A. Resolution; Bid Rejection for Commercial Business District (CBD) Sanitary Sewer
Rehabilitation and 2013 Andover Park West to Andover Park East Sewer Repair
Staff is seeking Council approval of a resolution to reject a bid from Shoreline Construction Co.
for the (BD Sanitary Sewer Rehabilitation and 2013 APW to APE Sewer Repair Project. This
was the only bid remsiveU, and at $860.108.08. it is $250.585.00 over the Engineer's Estimate
of$621.721.00. not including 1 0% contingency. Staif intends to analyze the project ject budget and
re-issue the bid proposal with cost saving revisions. UNANIMOUS APPROVAL. FORWARD
TO MAY 19, 2014 REGULAR CONSENT AGENDA.
B. Surface Water Lift Station No. 15 Project Completion and Acceptance
Staff is seeking Council to accept as complete the contract with Gary Harper Construction, Inc.
for the Surface Water Lift Station No. 15 Project. This project installed a new backup generator
and enclosure for this facility, located at 5910 South 180' Street. Construction was completed
on February 21, 2014 and included seven change orders for miscellaneous items. The total
amount paid was $555.394.10' which is under budget. Council is also being asked to authorize
the release of retainage. UNANIMOUS APPROVAL. FORWARD TO MAY 19' 2014
REGULAR CONSENT AGENDA.
C. Cascade Water Alliance Retreat Briefinq
Staff provided a briefing regarding the March 22, 2014 Cascade Water Alliance Board of
Directors Retreat. Mayor Haggerton is on the Board of Directors, with Councilmember Seal
serving as alternate. During the Retreat, CWA Board Members and staff met to discuss
organizational hietory, dennand, supply and revenue issues, an update on Lake Tapps,
strategic initiatives, succession planning, and 2015'2016 budgeting. Staff displayed a
PowerPoint presentation incorporating many of the slides shared at the CWA Retreat. A copy
of the presentation will be provided to Councilmembers. INFORMATION ONLY.
U|. MISCELLANEOUS
Meeting adjourned at 5:58 p.m.
Next meeting: Monday, May 19, 2014 — 5:15 p.m. — Foster Conference Room
Committee Chair Approval
Minutes by LI-L, Reviewed by GL
12
COUNCIL AGENDA SYNOPSIS
Initials
Meet/ ngDate
Prepared b
Mayor's review
Council review
05/19/14
BG
,
Motion
Date 05/19/14
ri Resolution
AN Date
E Ordinance
AI tg Date
E Bid Award
AN Date
El Public Hear/ ns,
Mtg Date
Other
Mfg Date
Mg
SPONS OR E Council L Mayor El HR DCD Finance E Fire 1T 0 P&R Polzce
PIV
SPONSOR'S
SUMMARY
The contract
Storm Lift
the Lift Station
21, 2014.
price over-runs
with Gary
ITEM INFORMATION
ITEM No.
5.D.
CAS NUMBER:
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 05/19/14
AGENDA ITEm TITLE Surface
Project
Water Lift Station No. 15
Completion and Acceptance
CATEGORY E aircussion
Mtg Date
Motion
Date 05/19/14
ri Resolution
AN Date
E Ordinance
AI tg Date
E Bid Award
AN Date
El Public Hear/ ns,
Mtg Date
Other
Mfg Date
Mg
SPONS OR E Council L Mayor El HR DCD Finance E Fire 1T 0 P&R Polzce
PIV
SPONSOR'S
SUMMARY
The contract
Storm Lift
the Lift Station
21, 2014.
price over-runs
with Gary
with Gary Harper Construction, Inc. of Snohomish, WA is complete for the
Station No. 15. This project installed a new backup generator and enclosure for
No. 15. Construction began August 5, 2013 and was completed on February
Seven change orders were issued for electrical items for $10,372.03 and unit
were $5,907.19. Council is being asked to accept and finalize the contract
Harper Construction in the amount of $336,394.10.
RIWIEWED BY
El CA&P Cmte E F&S Cmte El] Transportation Cmte
Cmte 1111 Arts Comm. E Parks Comm. III Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
COW Mtg.
Utilities
DATE: 05/05/14
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMIITHE
Public Works
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$336,394.10 $350,425.18 $0.00
Fund Source: 412 SURFACE WATER (PG 86, 2014 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
05/19/14
MTG. DATE
ATTACHMENTS
05/19/14
Informational Memorandum dated 05/02/14
State of WA Depart of Revenue Notice of Completion 13-142
Minutes from the Utilities Committee meeting of 05/05/14
13
14
City of Tukwila
TO:
FROM:
BY:
DATE:
SUBJECT:
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
Bob Giberson, Public Works Director
Scott Moore, Senior Project Inspector
May 2, 2014
Surface Water Lift Station No. 15
Project No. 91041203, Contract No. 13-142
Project Completion and Acceptance
ISSUE
Accept contract as complete and authorize release of retainage.
BACKGROUND
The Notice to Proceed for Contract No. 13-142 with Gary Harper Construction, Inc. of
Snohomish, Washington was issued on August 5, 2013 for the Surface Water Lift Station No.15
Project. This project installed a new backup generator and enclosure for Surface Water Lift
Station No.15 located at 5910 South 180th St.
ANALYSIS
Construction was physically completed on February 21, 2014. Seven change orders were
executed for miscellaneous items including electrical Items such as added lights and fixture
types, along with a time extension due to weather related issues for applications. Unit price over-
runs were for redesign of the foundation and additional materials due to utility conflicts.
Retainage is being held by the City for this project in the amount of $15,360.47. The construction
budget was $350,425.18 with a 10% contingency.
Construction Contract Amount
Change Orders
Unit Price Over-runs
Sales Tax
Total Amount Paid
$290,930.00
10,372.03
5,907.19
29,184.88
$336.394.10
RECOMMENDATION
Council is being asked to formally accept and authorize the release of retainage, subject to
standard claim and lien release procedures, for the Surface Water Lift Station No. 15 Project and
consider this item on the Consent Agenda of the May 19, 2014 Regular Meeting.
Attachment: Notice of Completion
W:1PW Eng1PROJECTS1A- DR Projects1Storm lift Station No 15 Improvements (91041203)1ConstrucPonlAfter ConlInfo Memo SWM #15 Closeout 05-02-14.docx
15
16
NOTICE OF C ON OF PUBLIC WORKS CONTRACT
Contractor's UBI Number: 601806820
Date: 4/21/2014
Name & Address of Public Agency
City of Tukwila
G3OOSVuthcanterBlvd. Suite 100
Tukwila,Wa 98188
UBI Number: 179 000 208
Deilartment Use Only
Assigned to:
Date Assigned:
Notice is hereb iven relativ to the com completion contract or project described below
'
Project Name
Storm Lift Station # 15 Improvements ( Project 91041203)
Contract Number
13-142
Job Order Contracting
Ei] Yes Eil No
Description of Work Done/Include Jobsite Address(es)
This project will provide a back-up power generator for the Surface Water Lift Station No. 15, which drains approximately 200 acres of the northern portion of the
Tukwila South Development. The station was built in 1977, has four pumps and a total capacity of 43.7 cfs. The electrical controls and pumps are located below
ground and the surface water lift station currently does not have generator backup power. The new generator enclosure will be located at 5910 South 180th
Street, Tukwila WA.
�l L�
F*deruUyfunded road truuoyor/aduvyrojcdY �~ Yes �� No
Contractor's Name
Gary Harper Construction, Inc.
Telephone Number
1-360'863'1955
Contractor Address
14831 223rd St. SE. Snohomish VVA, 98206
If Retainage is Bonded, List Surety's Nam (or attach a copy)
Surety Agent's Address
Date Contract Awarded
08/05/2013
Date Work Commenced
11/07/2013
Date Work Compteted
02/21/2014
Date Work Accepted
Contract Amount
Additions
Reductions
(+)
(')
Sub-Total
Amount of Sales Tax Paid at
.095
� 290.930.00
� 16.279,22
�
0.00
� 307.209.22
(If variou rates apply, please sen a breakdown) 29,184.88
TOTAL $ 336,394.10
NOTE: These two totals must be equal
Please List alt Subcontra
s Below:
Liquidated Damages $
Amount Disbursed $
Amount Retained $
0.00
321,033.63
15,360.47
TOTAL $ 336'39410
Subcontractor's Name:
TJBlNuniher:
Affidavit ID (if
Service Electric Co, Inc.
179023787
502481
Johnston Construction Co, Inc
278040558
501100
Miles Sand & Gravel Co.
171004760
501940
Lloyd Enterprises. Inc.
171004042
502203
Evergreen Concrete Cutting, Inc.
601005807
501245
PLS, Inc.
601979933
501166
Ralph's Concrete Pumping
578085430
501171
F215+38-00 08-2011
REV 000zm,Nmz5//U
Continued on pag
l7
18
UTILITIES COMMITTEE
Meeting Minutes
May 5,20Y4-5:Y5p.nn.— Foster Conference Room, 6300 Building
x~�^ '��_.7 ^7
K�����7 ��� � l�y����I1��
-~v -�
Utilities Committee
PRESENT
Counoi|nnembers: Kate Kruller, Chair; Kathy HouganJv.Allan Ekberg (by phone)
Staff: Bob Giberson, Robin Tinohmok, Pat Brodin, Mike Cusick, Gail Labannre, Laurel
Humphrey
CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m.
I. PRESENTATIONS
U. BUSINESS AGENDA
A. Resolution: Bid Rejection for Commercial Business District (CBD) Sanitary Sewer
Rehabilitation and 2013 Andover Park West to Andover Park East Sewer Repair
Staff is seeking Council approval of a resolution to reject a bid from Shoreline Construction Co.
for the CBD Sanitary Sewer Rehabilitation and 2013 APW to APE Sewer Repair Project. This
was the only bid received, and at $860'100.08. it is $230.385.08 over the Engineer's Estimate
nf$021.721.00. not including 1O% contingency. Staff intends to analyze the pr ject budget and
re-issue the bid proposal with cost saving revisions. UNANIMOUS APPROVAL. FORWARD
TO MAY 19, 2014 REGULAR CONSENT AGENDA.
B. Surface Water Lift Station No. 15 Project Completion and Acceptance
Staff is seeking Council to accept as complete the contract with Gary Harper Construction, Inc.
for the Surface Water Lift Station No. 15 Project. This project installed a new backup generator
and enclosure for this facility, located at 5910 South 180th Street. Construction was completed
on February 21, 2014 and included seven change orders for miscellaneous items. The total
amount paid was $336.394.10. which is under budget. Council is also being asked to authorize
the release of retainage. UNANIMOUS APPROVAL. FORWARD TO MAY 19, 2014
REGULAR CONSENT AGENDA.
C. Cascade Water Alliance Retreat Briefinq
Staff provided a briefing regarding the March 22, 2014 Cascade Water Alliance Board of
Directors Retreat. Mayor Haggerton is on the Board of Directors, with Councilmember Seal
serving as alternate. During the Retreat, CWA Board Members and staff met to discuss
organizational history, demand, supply and revenue issues, an update on Lake Tepps,
strategic initiatives, succession planning, and 2015-2016 budgeting. Staff displayed a
PowerPoint presentation incorporating many of the slides shared at the CWA Retreat. A copy
of the presentation will be provided to Counci|members. INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned et5:5Op.m.
Next meeting: Monday, May 19, 2014 — 5:15 p.m. — Foster Conference Room
: Committee Chair Approval
Minutes by LH Reviewed by GL
20
COUNCIL AG I-;NDA SYNOPSIS
Me et 11g Date
Prepared by
Mayor's review
CMMilrellieW
05/19/14
JP
ITEM INFORMATION
ITEM No.
5.E.
21
STAFF SPoNSOR: JACK PACE
ORIGINAL AGHNDA aVrk: 5/19/14
ACIINDA Iii M TITLE Interlocal
Agreement with Seattle for Hearing Examiner Services
CATIGORY Discussion
AN Date
Motion
Date 5/19/14
E Resolution
Mtg Dale
] Ordinance
Mtg Date
Bid Award
Allg Date
Public Hearing
Mt, Dale
E Other
Mtg Date
2
Alts
SP ON SO R Council Mayor E FIR
Finance —Fire — 17' PR Pohce MY/
IM DCD
SPONSOR'S The City of Tukwila's interlocal agreement with the City of Seattle for Hearing Examiner
suMMARY services is up for renewal. The proposed agreement would renew the agreement through
2016.
RI N IKW I T BY — COW Mtg.
Utilities Cmte
DATE: 5/13/14
CA&P Cmte
F&S Cmte _ Transportation Cmte
_ Parks Comm. ] Planning Comm.
COMMITTEE CHAIR: DUFFIE
Arts Comm.
RECOMMENDATIONS:
SPoNsoR/ADmIN.
CoMMITI'M
Department of Community Development
Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
Exim:NDITuR,,: REQUIRIM AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Common's:
MTG. DATE
RECORD OF COUNCIL ACTION
5/19/14
MTG. DATE
ATTACHMENTS
5/19/14
Informational Memorandum dated 5/7/14
Interlocal Agreement
Minutes from the Community Affairs and Parks Committee meeting of 5/13/14
21
22
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks
FROM: Jack Pace, DCD Director
BY: Nora Gierloff, Deputy DCD Director
DATE: May 7, 2014
SUBJECT: Hearing Examiner Inter local Agreement
ISSUE
The current Inter local Agreement with the City of Seattle for Hearing Examiner services expires
June 30, 2014. Attached is the proposed agreement for the period July 1, 2014 through
December 31, 2016.
BACKGROUND
Tukwila has contracted with the City of Seattle for Hearing Examiner services since 2005.
DISCUSSION
The City of Seattle has performed these services for Tukwila in an efficient and cost effective
manner for many years. There is no increase in cost for the remainder of 2014 though it is
anticipated that Seattle will be raising its hourly rate to $115 in 2015.
FINANCIAL IMPACT
For land use cases the cost of the Hearing Examiner is passed through to the applicant. Other
Departments budget for these costs.
RECOMMENDATION
The Committee is being asked to forward this agreement to the Consent Agenda at the May 19,
2014 regular meeting for approval.
ATTACHMENT
Draft Inter local Agreement
23
24
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF TUKWILA AND THE CITY OF SEATTLE FOR
HEARING EXAMINER SERVICES
This INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between the City of
Tukwila, a Washington municipal corporation ( "Tukwila "), and the City of Seattle, a Washington
municipal corporation acting through its Office of Hearing Examiner ( "Seattle "), for Tukwila's
utilization of Seattle's hearing examiner services.
WHEREAS, Tukwila is in need of the services of a hearing examiner; and
WHEREAS, Seattle has the experience, personnel, and willingness to provide hearing examiner
services,
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, it is agreed by and
between Tukwila and Seattle as follows:
1. Statement of Purpose. The purpose of this Agreement is for Seattle to provide hearing
examiner services to Tukwila.
2. Scope of Services. Seattle shall provide hearing examiner services and accompanying
support services for Tukwila as required by Tukwila.
3. Compensation. Tukwila shall pay Seattle $105.00 per hour for Seattle's hearing examiner
services. Tukwila shall pay Seattle $30.00 per hour for any support services requested by
Tukwila. Seattle shall be reimbursed for any direct expenses advanced on Tukwila's behalf
including mailing and copying charges. If Seattle is required to provide any copying services
in the performance of this Agreement, Tukwila shall pay Seattle $0.15 per page for the
copies.
Drug asset forfeiture hearings shall have a one -hour minimum hearing examiner service
charge unless Tukwila notifies Seattle of the hearing cancellation at least 24 hours prior to
the scheduled hearing time.
Seattle shall not bill for travel time between Seattle and Tukwila. Tukwila will pay a $20.00
flat fee for round trip travel to Tukwila, together with mileage at the current government
reimbursement rate. Each individual providing hearing examiner services under this
Agreement shall separately present to Tukwila a monthly statement detailing the mileage
and number of trips to Tukwila for which the individual is eligible for reimbursement. Each
individual providing hearing examiner services under this Agreement shall be paid directly
and monthly within thirty (30) days after Tukwila receives the individual's detailed request
for reimbursement. Seattle retains the right to increase its hourly rate in 2015, which will
require amendment of this Agreement.
25
4. Method of Payment. Seattle shall bill Tukwila on a monthly basis for work performed.
Within thirty 30 days of receiving Seattle's invoice, Tukwila shall issue a check to Seattle for
services rendered.
5. Scheduling Services. Seattle's hearing examiner services shall be scheduled on a case by
case basis. Tukwila shall contact Seattle to schedule appropriate dates and times.
6. Hearing Location. Hearings shall be held at Tukwila City Hall. Seattle shall provide the
necessary recording equipment in order to record the hearings. The hearings may be held
in the day or evening as required by Tukwila.
7. Hearing Decision. Hearings shall be conducted in compliance with the Tukwila Municipal
Code. Upon conclusion of the hearing, Seattle shall issue a written decision. This decision
shall make findings of fact and conclusions of law based on the Tukwila Municipal Code.
The written decision shall be issued within fifteen (15) business days of the hearing unless
unusual circumstances exist.
8. Duration. This Agreement shall take effect upon execution of the Agreement by both
parties, and the appointment of the hearing examiner by the Mayor of Tukwila and the
approval of the Tukwila City Council. This Agreement shall remain in effect through
December 31, 2016 and shall be subject to renewal by mutual agreement.
9. Termination. Either party may terminate this Agreement by giving thirty (30) days written
notice of termination to the other party.
10. Indemnification and Hold Harmless. Seattle shall defend, indemnify, and hold harmless
Tukwila and its officers, agents, and employees from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising
out of any negligent action or omission of Seattle, its officers, agents and employees in
relation to the Agreement. Likewise, Tukwila shall defend, indemnify, and hold harmless
Seattle and its officers, agents, and employees from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising
out of any negligent action or omission of Tukwila, its officers, agents, and employees in
relation to this Agreement.
Except as provided below, in the event the parties are determined jointly liable to any
claimant or litigant, each party shall bear responsibility for its own defense, including the
payment of all attorney fees and costs associated therewith, and shall satisfy any judgment
or settlement to the extent fault is allocated to such party.
Seattle does not assume liability or responsibility for, or in any way release Tukwila from,
any liability or responsibility that arises, in whole or in part, from the existence or effect of
Tukwila's ordinances, code, policies, rules, or regulations. If any cause, claim, or action of
any kind is commenced in which the enforceability and /or validity of any Tukwila ordinance,
code, policy, or regulation, including its constitutionality, is at issue, Tukwila shall defend the
26
same at its sole cost and expense, and if judgment is entered, or damages are awarded
against Seattle, or against Seattle and Tukwila jointly, Tukwila shall promptly satisfy the
same.
11. Applicable Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of the Agreement, the parties specifically understand and
agree that venue shall be exclusively in King County, Washington.
12. Administrator. No administrator is needed for this Agreement.
13. Records Retention and Transference. Seattle may retain records up to one year from the
date of final disposition after which Seattle shall transfer the records to Tukwila.
14. Notices. All notices required or permitted pursuant to this Agreement shall be addressed as
follows:
City of Seattle
Office of Hearing Examiner
PO Box 94729
Seattle WA 98124
City of Tukwila
Office of the City Clerk
6200 Southcenter Blvd
Tukwila WA 98188
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
CITY OF TUKWILA
Jim Haggerton, Mayor
Dated:
Approved as to Form
Tukwila City Attorney
CITY OF SEATTLE
OFFICE OF HEARING EXAMINER
Sue A. Tanner, Hearing Examiner
Dated:
27
28
^`�^ '��_.? ^7
�_����7 ��' � l�������{/J
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes
May 13, 2014 — 5:30 p.m. — Hazelnut Conference Room
PRESENT
C0unci|m8mbers: Joe Duffie, Chair; Dennis Robertson, Verna Seal
Staff: David Cline, Nora Gierloff, Evie Boykan, Laurel Humphrey
CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:40 p.m.
1. PRESENTATIONS
U. BUSINESS AGENDA
A. Interlocal Agreement: Community Development Block Grant Funds, HOME Investments
Partnership Program, and Regional Affordable Housing Program
Staff is seeking Council approval to enter into an interlocal agreement with King County for the
continuation of three King County Consortia partnerships for the administration of federal and local
funds for affordable housing and community development: Community Development Block Grant
(CDBG) funds, HOME Investments Partnership Program, and Regional Affordable Housing
Program. This is an agreement entered into every three years between the City and County which
outlines the processes and responsibilities between the City and County regarding the distribution
and administration of funds for these programs. Participation allows Tukwila to apply for CDBG
funds and influence decision making. UNANIMOUS APPROVAL. FORWARD TO MAY 19, 2014
REGULAR CONSENT AGENDA.
B. Interlocal Agreement: Hearing Examiner Services
Staff is seeking Council approval to renew an interlocal agreement with the City of Seattle for
hearing examiner services through December 31, 2016. Tukwila has contracted with Seattle for
these services since 2005 and this arrangement has proven to be efficient and cost effective.
There is no rate change for 2014, but an anticipated 2015 hourly rate increase will come before
Council as an amendment to the ILA. UNANIMOUS APPROVAL. FORWARD TO MAY 19, 2014
REGULAR CQNSENT AGENDA.
C. Countywide Planning Policy Amendment
Staff provided a briefing on a proposed amendment to a recent amendment the King County
Council made to the Countywide Planning Pn|inioo, designating the Central Issaquah Urban Core
as a new urban center. Unless cities specifically take action to disapprove by July 11, 2014. the
amendment will be considered ratified by each. This will be the 19m designated urban center in
King County, and the Central Issaquah Plan includes new zoning. development and design
standards, and a planned action EIS, INFORMATION ONLY.
U|. MISCELLANEOUS
Meeting adjourned at 5:53 p.m
Next meeting: Special Meeting, Wednesday, May 29, 2014, 5:15 p.m.
Committee Chair Approval
Min UYgobvLH
30
COUNCIL AGENDA SYNOPSIS
A /1 eetins Dale
Prepared by
—yor's review
Council review
05/19/14
EB
.
Motion
Dale 5/19/14
Resolution
Mg Date
_ Ordinance
Mtg Dale
Bi d Award
Aftg Date
_ Public Hearing
Mi Dale
Other
Mte Date
..5 c
Mtg
SI) ONS( 7 Council
_ HR DCD [ Finance IT ire IT I) ___ I) o kce l)117
l Mayor
SPoNsoit's The agreement between the County and the City covers Community Development Block
SUMMARY Grant funds, the HOME Investments partnership Program and the Regional Affordable
Housing Program. The agreements address distribution of housing and community
development funds benefitting low to moderate income households.
ITEM INFORMATION
ITEM No.
5.F.
31
STAFF' SpoNSoR: EVIE BOYKAN
ORIGINAL AGENDA DATE: 5/19/14
AGENDA ITEM TITLE Inter
local
Cooperation Agreement between King county and the City of Tukwila
C ,\TY;GoitY Discussion
A ItgDale
Motion
Dale 5/19/14
Resolution
Mg Date
_ Ordinance
Mtg Dale
Bi d Award
Aftg Date
_ Public Hearing
Mi Dale
Other
Mte Date
..5 c
Mtg
SI) ONS( 7 Council
_ HR DCD [ Finance IT ire IT I) ___ I) o kce l)117
l Mayor
SPoNsoit's The agreement between the County and the City covers Community Development Block
SUMMARY Grant funds, the HOME Investments partnership Program and the Regional Affordable
Housing Program. The agreements address distribution of housing and community
development funds benefitting low to moderate income households.
REVIIWEI HY COW Mtg.
Utilities Cmte
DATE: 5/13/14
CA&P Cmte
F&S Cmte Transportation Cmte
E Parks Comm. ] Planning Comm.
COMMITITLE CT-LAIR: DUFFIE
E Arts Comm.
RECOMMENDATIONS:
S]' )NS(
ComNIITTHK
Human Services/ Mayors Office
Unanimous Approval; Forward to 5/19 Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQ RED
$ $ $
Fund Source:
Comments.:
MTG. DATE
RECORD OF COUNCIL ACTION
5/19/14
MTG. DATE
ATTACHMENTS
5/19/14
Informational Memorandum dated 5/6/14
Letter to King County Council Chair Larry Phillips
Interlocal Cooperation Agreement
Minutes from the Community Affairs and Parks Committee meeting of 5/13/14
31
32
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton, David Cline
Community and Parks
FROM: Evie Boykan, Human Services Manager
DATE: May 6, 2014
SUBJECT: Inter local Cooperation Agreement Regarding the Community Development
Agreement
ISSUE
It is time for renewal of the King County Interlocal agreement between the City of Tukwila and
King County. The agreement covers the Community Development Block Grant funds, the
HOME Investments Partnership Program and the Regional Affordable Housing Program. All
agreements address the general distribution of housing and community development funds for
the benefits of low to moderate income households. It also outlines the use of funds,
responsibilities and powers of the parties, general terms and the establishment and functions of
the interjurisdictional Joint Recommendations Committee (JRC). The JRC makes
recommendations to the King County Council as to how funds should be spent.
BACKGROUND
The Inter local Agreement establishes the framework as to how jurisdictions share in the
distribution and administration of funds made available from Housing and Urban Development
(HUD) and Regional Affordable Housing Funds (RHAP) (document recording fees).
DISCUSSION
City representatives and King county staff have negotiated some amendments for the new
agreement period of 2015-2017. These are outlined in both the transmittal letter to King County
Chair Larry Philips, and the bolded and underlined parts of the interlocal agreement. If the City
of Tukwila is to continue to be eligible to apply for and receive Community Development Block
Grant funds, and the benefits of the other funds, we must agree to continue to participate in the
Consortium and authorize the Mayor's signature on the attached agreement.
RECOMMENDATION
The Council is being asked to authorize the Mayor's signature on the agreement to be
addressed on the May 19, 2014 Regular Meeting Consent Agenda.
ATTACHMENTS
Transmittal letter to Larry Phillips
Interlocal Cooperation Agreement with amended areas bolded and outlined.
Infomemointerloc20 1 5. Doc
33
34
King County
Department of
Community and Human Services
Adrienne Quinn, Director
401 5th Avenue, Suite 500
Seattle, WA 98104
(206) 263 -9100 Fax (206) 296 -5260
TTY Relay 711
May , 2014
The Honorable Larry Phillips
Chair, King County Council
Room 1200
COURTHOUSE
Dear Councilmember Phillips:
I am pleased to transmit an ordinance authorizing the Executive to enter into interlocal
cooperation agreements for the continuation of King County Consortia partnerships for the
administration of federal and local funds for affordable housing and community development: 1)
King County Community Development Block Grant (CDBG) Consortium; 2) HOME
Investments Partnership Program (HOME) Consortium; and 3) Regional Affordable Housing
Program (RAHP) Consortium.
King County Code, Title 24, Chapter 13 (KCC 24.13) sets out the framework for consortia
relationships through interlocal cooperation agreements to share in the distribution and
administration of funds made available through the United States Department of Housing and
Urban Development (HUD), and RAHP affordable housing funds established in the Revised
Code of Washington 36.22.178.
Pursuant to KCC 24.13, it is the policy of King County to partner and form urban county
consortia with the cities and towns in King County outside the City of Seattle' for the HUD -
administered CDBG and HOME programs, and with all cities and towns in King County,
including Seattle, document recording fee surcharge funds for affordable housing (RAHP)
governed by RCW 36.22.178, which requires the County to enter interlocal agreements.
Pursuant to KCC 24.13.010, the CDBG, HOME and RAHP Agreements address the general
distribution of housing and community development funds for the benefit of very low to
moderate - income households, the use of funds, responsibilities and powers of the parties, general
As a large metropolitan city. Seattle receives an independent allocation of CDBG and HOME Program funds directly from
HUD.
RECYCLED
PAPER
35
The Honorable Larry Phillips, Chair
May , 2014
Page 2 of 6
terms and the establishment and functions of an interjurisdictional Joint Recommendations
Committee (JRC).
The JRC is composed of city and county representatives, is advisory to the King County
Executive, and reviews and recommends specific projects as well as program guidelines for
programs to be undertaken with CDBG, HOME and RAHP funds.
King County Consortia Interlocal Agreements
The four King County Consortia interlocal agreements are established in KCC 24.13.010. They
are three -year agreements that coincide with the three -year CDBG and HOME urban county
qualification periods established by HUD. The four agreements currently in place are for the
qualification period of 2012 — 2014, and have either been updated or will be automatically
renewed for the 2012 — 2014. period. The four agreements are based on HUD qualification
criteria for the status of jurisdictions participating in an urban county consortium, and are
detailed below:
1) Regular CDBG Agreement. This agreement is for cities that do not qualify for CDBG or
HOME funds independently. The regular CDBG Agreement also covers participation in
the HOME Consortium.
2) CDBG Joint Agreement. This agreement is for cities that qualify to receive CDBG funds
independently, but choose instead to enter into a Joint Agreement with the county.
Through a Joint Agreement, a city makes their own decision about how to spend a portion
of the funds, and contributes the other portion of the funds to priorities of the CDBG
Consortium. Joint Agreement cities must also sign a separate HOME Consortium
Agreement.
3) HOME Program Agreement. This agreement is for cities that receive and administer
CDBG funds independently of the CDBG Consortium, but do not qualify to receive
HOME Program funds independently, and for CDBG Joint Agreement cities.
4) RAHP. Agreement. This agreement is for the state - authorized document recording fees
for affordable housing governed by RCW 36.22.178. It is for all cities and towns in King
County, including the City of Seattle, which receives its own CDBG and HOME funds.
During the 2012 - 2014 urban county qualification period, 30 jurisdictions, including King
County, participated through a regular CDBG Agreement2, three jurisdictions participated
2 Regular CDBG Consortium jurisdictions: Algona, Beaux Arts, Black Diamond, Bothell, Burien, Carnation, Clyde
Hill, Covington, Des Moines, Duvall, Enumclaw, Hunts Point, Issaquah, Kenmore, Kirkland, Lake Forest Park,
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The Honorable Larry Phillips, Chair
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through a CDBG Joint Agreement3, seven jurisdictions participated through a HOME Program
Agreement4, and 25 jurisdictions participated in the RAHP Agreements.
The City of Kirkland has reached the threshold for qualification as a metropolitan city
entitlement with HUD, and has expressed its desire to enter in a CDBG Joint Agreement for the
2015 -2017 qualification period.
Amendments to the CDBG Consortia Interlocal Agreements
Staff in the Department of Community and Human Services (DCHS), Housing and Community
Development Program (HCD) conducted a series of meetings with representatives from the
participating Regular CDBG and CDBG Joint Agreement consortia partner cities in the fall of
2013 and early 2014. Through those meetings, amendments and renewals to the CDBG
agreements have been negotiated and agreed upon. The Consortium's JRC has approved the
amendments.
Regular CDBG Agreement
The parties to this agreement have negotiated the following amendments for the new
qualification period of 2015 — 2017.
Amendments Concerning General Distribution of Funds - The primary amendments to the
CDBG Agreements are in the section of the agreement addressing the distribution of CDBG
funds to consortium priorities, as follows:
1) The percentage of CDBG funds for administration and planning will remain at 20
percent, as allowed by HUD; this sub - section contains new language that allows the
percentage for administration and planning to change if the federal government changes
the allowable percentage, with JRC approval.
2) The agreement is now explicit that the CDBG Consortium desires to allocate a full 15
percent of the CDBG funds for human services, the maximum percentage currently
allowed by HUD for human services (the language allows the Consortium to increase or
decrease the percentage if the maximum allowable percentage is changed by HUD). The
Consortium will determine the percentage of the total amount of human services funds
Maple Valley, Medina, Mercer Island, Newcastle, North Bend, Pacific, Sammamish, SeaTac, Skykomish,
Snoqualmie, Tukwila, Woodinville and Yarrow Point.
s Joint Agreement jurisdictions: Redmond, Renton and Shoreline.
4 HOME Agreement jurisdictions: Auburn, Bellevue, Federal Way, Kent, Redmond, Renton and Shoreline.
5 RAHP jurisdictions: Auburn, Beaux Arts, Bellevue, Black Diamond, Burien, Carnation, Clyde Hill, Covington,
Enumclaw, Federal Way, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Medina, Mercer Island, Pacific,
Redmond, Renton, Sammamish, Seatac, Seattle, Snoqualmie, Tukwila.
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The Honorable Larry Phillips, Chair
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that will be dedicated for the Housing Stability homeless prevention program and other
homeless activities through the consortium -wide Consolidated Housing and Community
Development Plan, which is being updated this year for the next five -year period of 2015-
2019.
3) The consortium -wide Housing Repair Program is reduced to receive 20 percent of the
CDBG funds, rather than 25 percent. There is unchanged language that allows the JRC to
review the percentage if there is a substantial change in overall funding or need for
housing repair.
4) The remaining CDBG funds for the two sub - regional competitive funds, South and
North/East, is increased from 40 percent to 45 percent of the CDBG funds. The language
is explicit that the two sub - regions may propose different priorities and may divide a sub -
regional fund for more than one competitive process. A sub - region may also allocate
additional funds to the Housing Repair Program for the benefit of residents of the sub-
region.
5) The Agreement is explicit that the Consortium may adopt guidelines through the JRC to
guide details of Consortium procedures, program implementation, etc.
Other Amendments — other minor amendments include the following:
1) The Agreement now has explicit references to include Emergency Solutions Grant (ESG)
funds as consortium funds, which is a new requirement of HUD (ESG funds have always
been treated as Consortium funds, but were not explicitly referenced in the Agreement).
These funds specifically address homelessness and the Consortium receives a portion of
ESG funds directly from HUD, and another portion through the State Department of
Commerce.
2) Definitions were added to clarify the Agreement.
3) New language is added that reduces the quorum required for votes of the Regular CDBG
Consortium members (from five members to four members), which is a smaller subset of
the full JRC; this amendment was approved by the JRC during 2013.
4) References regarding "Suburban Cities" were changed to "Sound Cities" to reflect the
new name of the organization.
5) Language was added to the "powers and duties" of the JRC regarding the monitoring of
equitable use of CDBG funds throughout the Consortium over time pursuant to
Consortium Guidelines.
CDBG Joint Agreement
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The Joint Agreement cities participated in the CDBG Consortium meetings regarding the
amendments listed above, and have negotiated parallel amendments, as relevant to the CDBG
Joint Agreement, for the new qualification period of 2015 — 2017.
Automatic Renewal of HOME and RAHP Agreements
HOME Program Agreement
The parties to this agreement for the HOME Consortium 2012 — 2014 desire to allow the
agreement to automatically renew for a new three -year qualification period, pursuant to the
automatic renewal clause. There is one new eligible city, Kirkland, which intends to join the
HOME Consortium and to sign a HOME Agreement for the new qualification period 2015 -
2017.
RAHP Agreement
The parties to this agreement for the RAHP consortium 2012 -2014 desire to allow the agreement
to automatically renew for a new three year qualification period, pursuant to the automatic
renewal clause. The eleven cities that did not sign a RAHP Agreement for 2012 — 2014 will have
the opportunity to sign the updated agreement this year for the new qualification period 2015-
2017.
Closing
Amendments to the two CDBG Agreements are noted in bold type and underlining in
attachments A and B to this ordinance. The HOME and RAHP Agreements, which have not been
amended, are provided in attachments C and D to this ordinance.
Letters from the Housing and Community Development Program were sent to every city eligible
to participate in one or more of the King County consortia in April 2014, pursuant to HUD
requirements for notice to eligible cities. The letters notified each city of their options concerning
the consortia, with copies of the relevant agreements attached for their review and approval.
The King County Council is asked to approve the King County Consortium Agreements in
substantially the form of the attached documents, for subsequent signature by the Executive. I
request your expedient consideration of this legislation, as the HUD timeline is extremely tight to
get all of cities' elected councils to approve the agreements, sign the agreements, return the
agreements to King County for signature, record the agreements and file them with HUD. A
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The Honorable Larry Phillips, Chair
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delay in the timely signature of these agreements could jeopardize the receipt of the King County
Consortia's funds from HUD for the new qualification period.
If you would like any additional information, please contact Adrienne Quinn, Department of
Community and Human Services Director, at 206 - 263 -9100.
Sincerely,
Dow Constantine
King County Executive
Enclosures
cc: King County Councilmembers
ATTN: Michael Woywod, Chief of Staff, King County Council
Anne Noris, Clerk of the Council
Joe Woods, Council Relations Director, Office of the King County Executive
Dwight Dively, Director, Office of Performance Strategy and Budget
Adrienne Quinn, Director, Department of Community and Human Services (DCHS)
Greg Ferland, Division Director, Community Services Division (CSD), DCHS
ATTN: Cheryl Markham, Program Manager, Housing and Community
Development Program, CSD, DCHS
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INTERLOCAL COOPERATION AGREEMENT
REGARDING THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT is entered into by and between King County (hereinafter the "County ") and
the City of , (hereinafter the "City ")
said parties to this Agreement each being a unit of general local government in the State of
Washington.
WITNESSETH:
WHEREAS, the federal government, through adoption and administration of the Housing and
Community Development Act of 1974 (the "Act "), as amended, will make available to King
County Community Development Block Grant funds, hereinafter referred to as "CDBG ", for
expenditure during the 2015, 2016 and 2017 funding years; and
WHEREAS, the area encompassed by unincorporated King County and all participating cities,
has been designated by the United States Department of Housing and Urban Development
( "HUD "), as an urban county for the purpose of receiving CDBG funds; and
WHEREAS, the Act directs HUD to distribute to each urban county a share of the annual
appropriation of CDBG funds based on formula, taking into consideration the social and
economic characteristics of the urban county; and
WHEREAS, the Act allows participation of units of general government within an urban county
in undertaking activities that further the goals of the CDBG program within the urban county;
and
WHEREAS, the CDBG Regulations require the acceptance of the King County Consortium
Consolidated Housing and Community Development Plan ( "Consolidated Plan ") by participating
jurisdictions; and
WHEREAS, King County is responsible to the federal government for all activities undertaken
with CDBG funds and shall ensure that all CDBG assurances and certifications King County is
required to submit to HUD with the Annual Action Plan are met; and
WHEREAS, King County and the participating jurisdictions agree that it is mutually desirable
and beneficial to enter into a consortium arrangement pursuant to and authorized by the National
Affordable Housing Act of 1990, as amended, 42 USC 12701 et. seq. and 24 CFR Part 92 for
purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME
Program ", and to cooperate in undertaking HOME Program activities; and
WHEREAS, King County and the participating jurisdictions agree that it is mutually
desirable and beneficial to enter into a consortium arrangement pursuant to and
authorized by the Homeless Emergency Assistance and Rapid Transition to Housing Act of
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2009, for purposes of the Emergency Solutions Grant Program, hereinafter referred to as
"ESG ", and to cooperate in undertaking ESG activities; and
WHEREAS, King County shall undertake CDBG, ESG and HOME Program- funded activities
in participating incorporated jurisdictions as specified in the Consolidated Plan by granting funds
to those jurisdictions and to other qualifying entities to carry out such activities; and
WHEREAS, King County and the participating jurisdictions are committed to targeting CDBG,
ESG and HOME Program funds to ensure benefit for very low to moderate - income persons as
defined by HUD; and
WHEREAS, King County and the participating jurisdictions recognize that needs of very low to
moderate - income persons may cross jurisdictional boundaries and therefore can be considered
regional and sub - regional needs as well as local needs; and
WHEREAS, King County, in conjunction with the participating jurisdictions, must submit an
Annual Action Plan to HUD, which is a requirement to receive CDBG funds; and
WHEREAS, the purpose of this Interlocal Cooperation Agreement, entered into pursuant to and
in accordance with the State Interlocal Cooperation Act, RCW Chap. 39.34, is to form an urban
county consortium, ( "Consortium "), for planning the distribution and administration of CDBG,
ESG, HOME Program, and other federal funds received on behalf of the Consortium from HUD,
and for execution of activities in accordance with and under authority of the Act:
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES
AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS
AGREED THAT:
I. GENERAL AGREEMENT
The County and City agree to cooperate to undertake, or assist in undertaking, activities
which further the development of viable urban communities funded from annual CDBG
and HOME Program funds from federal fiscal years 2015, 2016 and 2017 appropriations,
from recaptured funds and from any program income generated from the expenditure of
such funds. These activities include the provision of decent housing, homeless assistance,
and a suitable living environment and economic development opportunities, principally
for persons with very low to moderate incomes.
II. DEFINITIONS
A. "JRC" means the inter - jurisdictional Joint Recommendations Committee as
described in Section V of this Agreement.
B. "CDBG Consortium Partners" means jurisdictions that are official HUD -
recognized participants in the CDBG Consortium through a signed
Interlocal Agreement.
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C. "Consolidated Plan" is the King County Consortium Consolidated Housing
and Community Development Plan, a HUD - required plan that identifies
needs and contains a strategic plan to guide the investment of HUD CDBG.
HOME and ESG funds for a multi -year period not to exceed five years.
III. GENERAL DISTRIBUTION OF FUNDS
The distribution of CDBG and HOME Program funds for the King County urban county
Consortium shall be governed by the provisions below.
Planning and Administration:
A. The Administrative and Planning Set - asides for the CDBG and the HOME
Programs, to be reserved by the County to meet the County's responsibility
to meet all HUD requirements for planning and administration, shall be the
maximum allowable by HUD [currently twenty (20) percent of the CDBG
funds available from the annual entitlement and twenty (20) percent of
program income, and ten (10) percent of the HOME Program funds
available from the annual entitlement and ten (10) percent of program
incomel. If the current percentages for CDBG and /or HOME administration
and planning are changed at the federal level, the Consortium may allow the
percentage retained by the County to change, following review and
recommendation by the Joint Recommendations Committee ( "JRC "), as
provided in Section V, and approval by the Metropolitan King County
Council, as provided in Section VI.
Public/Human Services:
B. The Human Services Set -aside of CDBG shall be the maximum allowable by
HUD for human services [currently fifteen (15) percent of the funds available
from the CDBG annual entitlement and fifteen (15) percent of program
income]. The Human Services Set - aside, including Housing Stability
homeless prevention activities and other homeless activities, shall be
determined by the CDBG Consortium Partners and approved by the JRC in
the Consortium's most current Consolidated Housing and Community
Development Plan.
Housing Repair:
C. The Housing Repair Program Set -aside shall be twenty (20) percent of the
funds available from the CDBG entitlement and twenty (20) percent of
program income (this percentage is discretionary and not required or limited
by HUD). The JRC may periodically review and recommend increases or
decreases to this percentage if, in its judgment, there has been a substantial
Regular CDBG /HOME Interlocal 3 of 13 2015 -2017
43
change in the Consortium's overall funding or need for housing repair that
justifies an increase or decrease.
Remaining Capital Funding:
D. The remaining entitlement and program income funds, as well as any
recaptured or prior year funds, shall be divided into two separate funds for
the two sub - regions of the county: 1) north /east sub - region; and 2) south sub-
region. The percentage split between the two funds shall be equal to the
percentage of low to moderate - income population represented by each sub-
region. Each sub - region may propose funding priorities and allocate
portions of the sub - region's funds to such priorities for separate competitive
processes. Such competitive processes must be for eligible activities that are
consistent with the King County Consortium Consolidated Housing and
Community Development Plan. A sub - region may also elect to allocate
additional funds to the Consortium's Housing Repair Program for the
benefit of residents of the sub - region.
1. The north /east sub - region shall include those cities in the north and
east and those portions of unincorporated King County that lie north
of Interstate 90. The cities of Mercer Island, Newcastle, Issaquah, and
North Bend, which are at or near the Interstate 90 border, along with
their designated potential annexation areas, also shall be included in
the north /east sub - region.
2. The south sub - region shall include those cities south of Interstate 90
and those portions of unincorporated King County that lie south of
Interstate 90, except for the cities of Mercer Island, Newcastle,.
Issaquah, and North Bend and their potential annexation areas,
which are part of the north /east sub - region.
3. The formula for dividing the funds between the two sub - regions shall
be based on each sub - region's share of the Consortium's low to
moderate - income population.
CDBG Guidelines to Address Programmatic Details:
E. The CDBG Consortium Partners may propose King County Consortium
CDBG, ESG and HOME Guidelines, for approval by the JRC, to guide the
Consortium regarding details of program implementation, including, but not
limited to, funding guidelines, frequency of application processes,.
Consortium procedures and goals for geographic equity in the distribution of
funds over time.
IV. USE OF FUNDS: GENERAL PROVISIONS
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A. Funds shall be used to support the goals, objectives and strategies of the King
County Consortium Consolidated Housing and Community Development
Plan.
B. Funds shall be used in accordance with the CDBG regulations at 24 CFR Part
570, Home Program regulations at 24 CFR Part 92, and all other applicable
federal regulations.
V. JOINT RECOMMENDATIONS COMMITTEE
An inter - jurisdictional Joint Recommendations Committee ( "JRC ") was established
through the 2009 – 2011 CDBG/HOME Consortium Interlocal Cooperation
Agreement and through King County Code Chapter 24.13, and is hereby adopted as
part of this Agreement.
A. Composition —The JRC for the CDBG /HOME Consortium shall be composed of
three county representatives and eight cities representatives.
1. The three county representatives shall be King County Executive staff with
broad policy responsibilities and /or department directors. County
representatives shall be specified in writing and, where possible, shall be
consistently the same persons from meeting to meeting.
2. Four of the cities representatives shall be from those cities signing this
interlocal cooperation agreement, two from each sub - region.
3. The remaining four cities representatives shall be from cities that qualify
to receive CDBG entitlement funds directly from HUD and that are not
signing this agreement, but are signing either Joint Agreements or HOME
Program -only agreements. These latter four representatives shall have no
vote on matters specific to the jurisdictions that are parties to this
Agreement.
4. The chairperson and vice - chairperson of the JRC shall be chosen from
among the members of the JRC by a majority vote of the members for a
term of one year beginning with the first meeting of the calendar year.
Attendance of five members of the entire body of eleven members of the
JRC for the CDBG /HOME Consortium shall constitute a quorum for
voting matters in which all members of the JRC are eligible to vote. For
voting items of the Regular CDBG Consortium, in which only seven
members may vote (those identified in sub - sections 1 and 2 of this
section), four members shall constitute a quorum, made up of two
King County representatives and two city representatives.
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B. Appointments —The King County Executive shall appoint the three county
representatives. The participating cities shall provide for the appointment of their
shared representatives in a manner to be determined by those cities through the
Sound Cities Association or other agreed -upon mechanism for the execution of
shared appointing authority. The Sound Cities Association or other agreed
mechanism will select four jurisdictions of varying size from among those signing
this Agreement, two from the north /east sub - region and two from the south sub-
region. The cities representatives shall be elected officials, chief administrative
officers, or persons who report directly to the chief administrative officer and who
have broad policy responsibilities; e.g., planning directors, department directors,
etc. Members of the JRC shall serve for two years, or at the pleasure of their
respective appointing authorities.
C. Powers and Duties —The JRC shall be empowered to:
1. Review and recommend to the King County Executive all policy matters
concerning the Consortium CDBG, ESG and HOME Program, including
but not limited to the Consolidated Plan and related plans and policies.
2. Review and recommend to the King County Executive the projects and
programs to be undertaken with CDBG funds, ESG funds and HOME
Program funds, including the Administrative Set - aside.
3. Monitor and ensure that all geographic areas and actively
participating jurisdictions benefit from CDBG, ESG and HOME
Program funded activities over time, so far as is feasible considering
eligible applications submitted within the goals, objectives and
strategies of the Consolidated Plan: 1) there is equity in distribution of
funds pursuant to proportion of the region's low to moderate - income
population; and, 2) equity is achieved over time pursuant to
Consortium Guidelines adopted by the JRC to the extent feasible.
D. Advisory Committees to JRC—In fulfilling its duty to review and recommend
projects and programs to be undertaken with the CDBG, ESG and HOME
Program funds, the JRC shall consider the advice of sub - regional inter -
jurisdictional advisory committees. Sub - regional advisory committees, made up
of one representative from each participating jurisdiction in a sub - region that
wishes to participate, shall be convened to assist in the review and
recommendation of projects and programs to be undertaken in that sub - region.
The JRC may also solicit recommendations from other inter jurisdictional housing
and community development committees.
VI. RESPONSIBILITIES AND POWERS OF KING COUNTY
A. Notwithstanding any other provision contained in this Agreement, the County as
the applicant and grantee for CDBG, ESG and HOME Program funds has
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responsibility for and assumes all obligations in the execution of the CDBG, ESG
and HOME Programs, including final responsibility for selecting and executing
activities, and submitting to HUD the Consolidated Plan, Annual Action Plans,
and related plans and reports, including the Analysis of Impediments to Fair
Housing Choice and the Fair Housing Action Plan. Nothing contained in this
Agreement shall be construed as an abdication of those responsibilities and
obligations.
B. The Metropolitan King County Council shall have authority and responsibility for
all policy matters, including the Consolidated Plan, upon review and recom-
mendation by the JRC.
C. The Metropolitan King County Council shall have authority and responsibility for
all fund allocation matters, including approval of the annual CDBG, ESG and
HOME Program Administrative Set - asides and appropriation of all CDBG, ESG
and HOME Program funds.
D. The King County Executive, as administrator of the CDBG, ESG and HOME
Programs, shall have authority and responsibility for all administrative
requirements for which the County is responsible to the federal government.
E. The King County Executive shall have authority and responsibility for all fund
control and disbursements.
F. The King County Executive shall have the authority and responsibility to staff the
JRC and provide liaison between HUD and the urban county Consortium. County
Executive staff shall prepare and present to the JRC evaluation reports or
recommendations concerning specific proposals or policies, and any other
material deemed necessary by the JRC to help it fulfill its powers and duties in IV.
C., above.
G. King County Executive staff shall have the authority and responsibility to
communicate and consult with participating jurisdictions on CDBG, ESG and
HOME Program policy and program matters in a timely manner.
H. King County Executive staff shall have the authority and responsibility to convene
sub - regional advisory committees made up of representatives from participating
jurisdictions in the sub - region, to advise the JRC on the allocation of the sub -
regional funds.
King County Executive staff shall provide periodic reports on clients served by
jurisdictions in the Housing Stability and Housing Repair programs and on the
status of CDBG, ESG and HOME Program funded projects and make them
available to all participating jurisdictions and the JRC.
J. King County Executive staff shall solicit proposals, administer contracts, and
provide for technical assistance, both in the development of viable CDBG, ESG
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and HOME Program proposals and in complying with CDBG, ESG and HOME
Program contractual requirements.
K. King County shall have environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act, under which
King County may require the local incorporated jurisdiction or contractor to
furnish data, information, and assistance for King County's review and assessment
in determining whether an Environmental Impact Statement is required.
VII. RESPONSIBILITIES OF THE PARTICIPATING CITIES
A. All participating cities shall cooperate in the development of the Consolidated
Plan and related plans.
B. All participating cities shall assign a staff person to be the primary contact for the
County on CDBG, ESG and HOME Program issues. The assigned CDBG, ESG
and HOME Program contact person is responsible for communicating relevant
information to others at the participating city, including any representative the city
may choose to send to the sub - regional advisory committee, if that representative
is not the CDBG, ESG and HOME Program contact person.
C. At its discretion, a participating city may assign a representative to attend
meetings of the sub - regional advisory committee. This representative may or may
not be the City's CDBG, ESG and HOME Program contact person. It may be the
CDBG, ESG and HOME Program contact person, a different staff member, an
elected official, or a citizen.
D. If and when a participating city deems necessary or advisable, it may prepare
applications for CDBG or HOME Program funds to address the needs of its
residents, consistent with the Consolidated Plan.
E. Each participating city shall obtain its council's authorization for any CDBG or
HOME Program application submitted.
F. All participating cities shall carry out CDBG or HOME Program funded projects
in a manner that is timely and consistent with contractual requirements.
G. All participating cities owning community facilities or other real property
acquired or improved in whole or in part with CDBG or HOME Program funds
shall comply with use restrictions as required by HUD and as required by any
relevant policies adopted by the JRC.
1. During the period of the use restriction, the participating cities shall notify
King County prior to any modification or change in the use of real
property acquired or improved in whole or in part with CDBG or HOME
Program funds. This includes any modification or change in use from that
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planned at the time of the acquisition or improvement, including
disposition.
2. During the period of the use restriction, if the property acquired or
improved with CDBG or HOME Program funds is sold or transferred for a
use which does not qualify under the applicable regulations, the
participating city shall reimburse King County in an amount equal to the
current fair market value (less any portion thereof attributable to
expenditures of funds other than CDBG or HOME Program funds).
VIII. RESPONSIBILITIES OF ALL PARTICIPATING JURISDICTIONS
A. All participating jurisdictions shall be considered to be those jurisdictions that
have signed this Agreement.
B. All participating jurisdiction shall fulfill to the County's reasonable satisfaction all
relevant requirements of federal laws and regulations that apply to King County as
applicant, including assurances and certifications described in Section VIII below.
C. Each participating jurisdiction or cooperating unit of general local government
certifies that it has adopted and is enforcing:
1. A policy that prohibits the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations; and
2. A policy that enforces applicable state and local laws against physically
barring entrance to or exit from a facility or location which is the subject
of non - violent civil rights demonstrations within jurisdiction.
D. Pursuant to 24 CFR 570.501(b), all participating units of local governments are
subject to the same requirements applicable to sub - recipients when they receive
CDBG funds to implement an activity. The applicable requirements include, but
are not limited to, a written agreement with the County that complies with 24 CFR
570.503 and includes provisions pertaining to: statement of work; records and
reports; program income; uniform administrative items; other program require-
ments; conditions for religious organizations; suspension and termination; and
reversion of assets.
E. All participating units of local government understand that they may not apply for
grants under the federal Small Cities or State CDBG Programs that receive
separate entitlements from HUD during the period of participation in this
Agreement.
F. All units of local government participating in the CDBG urban county consortium
through this interlocal cooperation agreement understand that they are also part of
the urban county for the HOME Program and that they may not participate in a
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HOME Program consortium except through the urban county, regardless of
whether the urban county receives a HOME formula allocation; and also
understand that they are part of the urban county for the ESG Program and may
only receive a formula allocation for ESG through the urban county consortium.
G. All participating units of local government hereby agree to affirmatively further
fair housing and to ensure that no CDBG or HOME Program funds shall be
expended for activities that do not affirmatively further fair housing within its
jurisdiction or that impede the County's actions to comply with its fair housing
certification. For purposes of this section, "affirmatively furthering fair housing"
includes participation in the process of developing an Analysis of Impediments to
Fair Housing Choice and a Fair Housing Action Plan. While King County has
the primary responsibility for the development of these reports to HUD pursuant
to Section VI.A. of this Agreement, upon request, the City shall provide assistance
to the County in preparing such reports.
H. Participating jurisdictions undertaking activities and /or projects with CDBG funds
distributed under this Agreement shall retain full civil and criminal liability as
though these funds were locally generated.
I. Participating jurisdictions retain responsibility in fulfilling the requirements of the
State Environmental Policy Act under which King County has review
responsibility only.
IX. GENERAL TERMS
A. This Agreement shall extend through the 2015, 2016 and 2017 program years,
and shall remain in effect until the CDBG funds, ESG funds, Home Program
funds and program income received with respect to activities carried out during
the three -year qualification period are expended and the funded activities
completed. This Agreement shall be automatically renewed for participation in
successive three -year qualification periods, unless the County or the City provides
written notice that it wishes to amend this Agreement or elects not to participate
in the new qualification period by the date set forth by the United States
Department of Housing and Urban Development in subsequent Urban County
Qualification Notices. King County, as the official applicant, shall have the
authority and responsibility to ensure that any property acquired or assisted with
CDBG funds or HOME Program funds is disposed of or used in accordance with
federal regulations.
B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualification no
included unit of general local government may terminate or withdraw from the
cooperation agreement while it remains in effect.
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C. It is understood that by signing this Agreement, the City shall agree to comply
with the policies, goals, objectives and strategies of the King County
Consortium Consolidated Housing and Community Development Plan.
D. Parties to this Agreement must take all required actions necessary to assure
compliance with King County's certification required by Section 104(b) of Title I
of the Housing and Community Development Act of 1974, as amended, including
Title VI of the Civil Rights Act of 1964, (Title III of the Civil Rights Act), the
Fair Housing Act as amended, Section 109 of Title I of the Housing and
Community Development Act of 1974, as amended, the Americans with
Disabilities Act of 1990, and other applicable laws.
E. This Agreement shall be executed in three counterparts, each of which shall be
deemed an original, by the chief executive officers of the County and the City,
pursuant to the authority granted them by their respective governing bodies. One
of the signed Agreements shall be filed by the County with the Region X office of
HUD, one shall be filed with the City and one shall be filed with the County.
Prior to its taking effect, the fully executed Agreement shall be filed with the
County Auditor, or, alternatively, listed by subject on a public agency's web site
or other electronically retrievable public source.
F. It is recognized that amendment to the provisions of this Agreement may be
appropriate, and such amendment shall take place when the parties to this
Agreement have executed a written amendment to this Agreement. The City and
the County also agree to adopt any amendments to the Agreement incorporating
changes necessary to meet the requirements for cooperation agreements set forth
in an Urban County Qualification Notice applicable for a subsequent three -year
qualification period, and to submit such amendment to the United States
Department of Housing and Urban Development. Failure to adopt such required
amendment shall void the automatic renewal of the Agreement for the subsequent
qualification period.
Regular CDBG /HOME Interlocal 11 of 13
2015 -2017
51
G. This Agreement is made and entered into for the sole protection and benefit of the
parties hereto and their successors and assigns. No other person shall have any
right of action based on any provision of this Agreement.
KING COUNTY, WASHINGTON CITY OF
for King County Executive By: Signature
Adrienne Quinn
Printed Name
Director, Department of Community and
Human Services
Title
Printed Name
Title
Date Date
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
Approved as to Form:
CITY OF
CITY ATTORNEY
City Attorney
ATTEST:
CITY OF
City Clerk
Regular CDBG /HOME Interlocal 12 of 13 2015 -2017
52
Regular CDBG /HOME Interlocal 13 of 13 2015 -2017
53
54
�
/01
City of Tukwila
a
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes
May Y3[2OY4-5:JDp.m.— Hazelnut Conference Room
PRESENT
CVunci|nnembors; Joe Duffie, Chair; Dennis Robertson, Verna Seal
Staff: David Cline, Nora Gierloff, Evie Boykan, Laurel Humphrey
CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:40 p.m.
. PRESENTATIONS
U. BUSINESS AGENDA
A. /ntedoca| Agreement: Community Development Block Grant Funds, HOME Investments
Partnership Program, and Regional Affordable Housing Program
Staff is seeking Council approval to enter into an interlocal agreement with King County for the
continuation of three King County Consortia partnerships for the administration of federal and local
funds for affordable housing and community development: Community Development Block Grant
(CDBG) funds, HOME Investments Partnership Program, and Regional Affordable Housing
���&~�� Program. This iaan agreement entered into every three years betwv*enthe City and {�ountvvvhich
�� outlines the processes and responsibilities between the City and County regarding the distribution
and administration of funds for these programs. Participation allows Tukwila to apply for CDBG
funds and influence decision making. UNANIMOUS APPROVAL. FORWARD TO MAY 19, 2014
REGULAR CONSENT AGENDA.
B. Interlocal Agreement: Hearinq Examiner Services
Staff is seeking Council approval to renew an interlocal agreement with the City of Seattle for
hearing examiner services through December 31, 2016. Tukwila has contracted with Seattle for
these services since 2005 and this arrangement has proven to be efficient and cost effective.
There is no rate change for 2014, but an anticipated 2015 hourly rate increase will come before
Council as an amendment to the ILA. UNANIMOUS APPROVAL. FORWARD TO MAY 19, 3014
REGULAR CONSENT AGENDA.
C. Countywide Planning Policy Amendment
Staff provided a briefing on a proposed amendment to a recent amendment the King County
Council made to the Countywide Planning Policies, designating the Central Issaquah Urban Core
as a new urban center, Unless cities specifically take action to disa prove by July 11, 2014, the
amendment will be considered ratified by each. This will be the 19th designated urban center in
King Counh/, and the Central Issaquah Plan includes new zoning, development and design
standards, and a planned action EIS. INFORMATION ONLY.
U|. MISCELLANEOUS
Meeting adjourned at 5:53 p.m
Next meeting: Special Meeting, VVedO8ed8y, May 29, 2014, 5:15 p.m.
Committee Chair Approval
56
COUNCIL AGF,NDA SYNOPSIS
Meeting Date
Prepared by
iv1ayore ryview
Council review
05/12/14
SM
2.vriv,()Ry Discussion
05/19/14
SM
_ Reso talon
Mt Dale
14 Ordinance
B i ti An) 'd
Mtg Date
Public Haring
Other
A1/ Dale
Alt, Date
IAN Date 05/19/14
A Ilg Dale 5/12/14
SPONSOR Council Mayor HR
— Finance I— Fire 17 P&R — PV
ITEM INFORMATION
ITEM No.
6
57
STAFF SPONSOR: STACY MACGREGOR
ORIGINAL AGF,NDA DATF: 0 / 2/ 4
AGUNDA ITNM TITIT: Zoning Code amendment-Medical Marijuana
2.vriv,()Ry Discussion
05/12/14
Motion
Altg Dale
_ Reso talon
Mt Dale
14 Ordinance
B i ti An) 'd
Mtg Date
Public Haring
Other
A1/ Dale
Alt, Date
IAN Date 05/19/14
A Ilg Dale 5/12/14
SPONSOR Council Mayor HR
— Finance I— Fire 17 P&R — PV
U. DCD
SPONSOR'S Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries.
SUMMARY
RIviv W1 1) by COW Mtg.
Utilities Cmte
DATE: 04/15/14
114.
CA&P Cmte
1 F&S Crnte Transportation Crnte
_
Parks Comm. Planning Comm.
COMMITTEE CHAIR: DUFFIE
_
Arts Comm.
RECOMMENDATIONS:
SPoNsoR/ADmIN.
COMMITTUK
Department of Community Development
Unanimous Approval; Forward to Committee ofthe Whole
COST IMPACT / FUND SOURCE
:7, PI,NDITLIRN RFOUIRU1) AMOUNT BUDOETED AIPRO!'RIATION REQUIRED
0 so so
Fund Source: N/A
Comments: n/a
MTG. DATE
RECORD OF COUNCIL ACTION
05/12/14
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
05/12/14
Informational Memorandum dated 04/02/14
Draft Ordinance renewing the moratorium
Ordinance No. 2404
Ordinance No. 2350
Minutes form the Community Affairs and Parks Committee meeting of 4/15/14
05/19/14
Ordinance in final form
57
58
Citv of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF
TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION,
LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL
CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED
TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB
5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED
CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF
WASHINGTON; REPEALING ORDINANCE NO. 2404; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to
RCW 35A.63.220; and
WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No.
2348, which declared an emergency necessitating the immediate imposition of a
moratorium on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington; and
WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public
hearing and heard testimony regarding the City's moratorium, and following the public
hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to
justify the moratorium adopted by Ordinance No. 2348; and
WHEREAS, on August 6, 2012 the Tukwila City Council adopted Ordinance No.
2379, renewing the 12 -month moratorium on medical cannabis collective gardens or
dispensaries because it was believed that the Washington State Legislature would
address the subject during the 2012 Legislative Session; and
WHEREAS, on August 5, 2013 the Tukwila City Council adopted Ordinance No.
2404, renewing until May 31, 2014 the moratorium on medical cannabis collective
gardens or dispensaries because it was believed that the Washington State Legislature
would address the subject during the 2014 Legislative Session; and
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WHEREAS, revisions to the medical marijuana rules were not adopted during the
2014 Legislative Session and no clarity regarding state and federal regulations related
to the licensing, establishment, maintenance, or continuation of any medical cannabis
collective garden is currently available; and
WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, and prior to
the enactment of Ordinance No. 2404, Initiative 502 was passed by the voters of the
State of Washington, providing a framework under which recreational marijuana
producers, processors, and retailers can become licensed by the State of Washington;
and
WHEREAS, no licenses have been issued by the State of Washington for
recreational marijuana producers, processors, or retailers to establish businesses in the
City of Tukwila and, therefore, any impact from those uses has not yet been
experienced; and
WHEREAS, the City has diligently pursued this issue and continues to develop a
work program to analyze potential changes to City zoning regulations that may be
necessary to address changes in state or federal law, but needs additional clarity from
the Washington State Legislature in order to develop a workable set of
recommendations for local land use controls for safe and effective regulation of
collective gardens in the community; and
WHEREAS, the moratorium adopted by Ordinance No. 2404 will expire before the
State has rectified the inconsistencies between recreational marijuana and medical
cannabis; and
WHEREAS, the City deems it in the public interest to renew the moratorium
continued by Ordinance No. 2404 until a period of one year in order to investigate this
issue further, allow for the passage of State regulations or lifting of Federal prohibitions,
and then to adopt City regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Renewed. The City hereby renews the moratorium
previously imposed on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington.
Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate
public notice, a public hearing was held on May 12, 2014 to hear testimony regarding
the City's moratorium.
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Page 2 of 4
Section 3. Duration. The moratorium renewed herein shall be in effect until May
19, 2015, unless extended by the City Council, pursuant to state law.
Section 4. Definitions. As used in this ordinance, the following terms have the
meanings set forth below:
A. "Medical marijuana dispensary" means any business, agency, organization,
cooperative, network, consultation operation, or other group or person, no matter how
described or defined, including its associated premises and equipment, which has for
its purpose or which is used to grow, select, measure, package, label, deliver, sell, or
otherwise transfer (for consideration or otherwise) marijuana for medical use. One
individual person who is the designated provider for only one qualified patient during
any 15-day period, and who complies with Chapter 69.51A RCW, shall not be deemed
a medical marijuana dispensary for the purposes of this moratorium.
B. "Medical marijuana collective garden" means a group of qualifying patients that
share responsibility for acquiring and supplying the resources required to produce and
process marijuana for medical use. Examples of collective garden resources would
include, without limitation, the following: property used for a collective garden; or
equipment, supplies, and labor necessary to plant, grow and harvest marijuana;
marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary
for proper construction, plumbing, wiring, and ventilation of a garden of marijuana
plants. A medical marijuana collective garden shall satisfy the above definition
regardless of its formation, ownership, management, or operation as a business,
agency, organization, cooperative, network, consultation operation, group, or person.
One individual person who is the designated provider for only one qualified patient
during any 15-day period and who complies with Chapter 69.51A RCW, or an individual
person who is a qualified patient and who complies with 69.51A RCW, shall not be
deemed a medical marijuana collective garden for the purposes of this moratorium.
Section 5. No Non-conforming Uses. No use that constitutes or purports to be a
medical marijuana dispensary or medical marijuana collective garden as those terms
are defined in this ordinance, that was engaged in that activity prior to the enactment of
this ordinance shall be deemed to have been a legally established use under the
provisions of the Tukwila Municipal Code and that use shall not be entitled to claim
legal non-conforming status.
Section 6. Adoption of Findings of Fact. The City Council adopts the findings of
facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas"
clauses contained herein.
Section 7. Work Program. The Director of Community Development and/or
his/her designee is hereby authorized and directed to address issues related to
determining the legality of medical marijuana dispensaries and collective gardens
including but not limited to review of the conflict between state and federal law
regarding the legality of zoning and licensing of medical marijuana uses under any
circumstances and notwithstanding the enactment by the legislature of RCW 69.51A.
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In the event that such uses are ultimately determined to be legal, the work program
should also develop appropriate land use regulations pursuant to the newly amended
law for review and recommendation for inclusion in the zoning regulations or other
provisions of the Tukwila Municipal Code. Further, beyond the extent established by
the Washington State Liquor Control Board, the work program should also coordinate
medical cannabis rules and regulations with the recreational marijuana rules and
regulations established under Initiative 502. The Finance Director and/or his/her
designee is hereby authorized and directed to develop appropriate business licensing
and other regulations pursuant to the newly amended law for review and
recommendation for inclusion in the zoning regulations or other provisions of the
Tukwila Municipal Code.
Section 8. Repealer. Ordinance No. 2404 is hereby repealed.
Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 10. 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 11. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2014.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Page 4 of 4
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared 1.9,y
Mayor's review
Council review
5/19/14
CO
.
ri Ordinance
1111,g Date 6/2/14
5/27/14
CO
Other
Mtg Date
SPONSOR Council K mayor HR DCD Finance Fire IT E P &R E Police I— P IF
6/02/14
CO
RECOMMENDATIONS:
SPoNsoR/ADmiN.
CONINIFFIEF,
Mayor's Office/City Attorney
COST IMPACT / FUND SOURCE
EXITNDITURk Rk(UIRI1) AMOUNT BUDGETED APPROPRIATION REQUIRED
SO SO $0
Fund Source: N/A
Comments: n/a
ITEM INFORMATION
ITEM No.
7
63
SI'AIl SPONSOR.: DAVID CLINE/SHELLEY KERSLAKE
ORIGINAL AGINDA DXIE: 5/19/14
AG kNi), \ MA Trri,i,: Third amendment to Tukwila South Development Agreement (DA) and consideration
of a Fire Facilities Agreement.
CATI (.;( )RY Di,■'4.7/SSiOn
illi:g Dale 05/19/14
11 A/lotion
Mtg Date
Resolution
Mig Date
ri Ordinance
1111,g Date 6/2/14
_Bid Award
.111Ig Date
IW Public Elec7rin_g
Alt‘g Date 05/27/14
Other
Mtg Date
SPONSOR Council K mayor HR DCD Finance Fire IT E P &R E Police I— P IF
SpoNsoR's This item is for discussion only on 5/19/14, with a public hearing scheduled for 5/27/14
SUMMARY and adoption on 6/2/14. The Council is being asked to approve the 3rd amendment to the
Tukwila South DA which would remove requirements for accounting protocols and Segale's
O&M guarantee and authorize the Mayor to enter into a Fire Facilities Agreement.
Rim! \XTD BY — COW Mtg. _ CA&P Crnte _ F&S Cmte ] Transportation Cmte
] Utilities Eli-me Arts Comm. _ Parks Comm. _ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPoNsoR/ADmiN.
CONINIFFIEF,
Mayor's Office/City Attorney
COST IMPACT / FUND SOURCE
EXITNDITURk Rk(UIRI1) AMOUNT BUDGETED APPROPRIATION REQUIRED
SO SO $0
Fund Source: N/A
Comments: n/a
MTG. DATE
RECORD OF COUNCIL ACTION
5/19/14
MTG. DATE
ATTACHMENTS
5/19/14
Informational Memorandum dated 5/13/14
Ordinance authorizing the 3rd amendment to the Development Agreement (DA)
Third amendment to the DA
Fire Facilities Agreement
5/27/14
63
64
of City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Tukwila City Council
FROM: David Cline, City Administrator
Shelley Kerslake, City Attorney
DATE: May 13'2O14
SUBJECT: Third Amendment to Tukwila South Development Agreement and Fire Facilities
Agreement
ISSUE
Whether to approve a Third Amendment to the Tukwila South Development Agreement and to
authorize the Mayor to enter into a Fire Facilities Agreement between Tukwila and Segale
Properties, LLC ("Segale").
BACKGROUND AND DISCUSSION
In 2009, Tukwila signed a Development Agreement (DA) with Segale for the development of Tukwila
South. Section 4.8.5 of the DA requires that the City and Segale Properties agree on the
development of accounting protocols in order to track operation and maintenance (0 & M) costs
associated with providing Fire, Police, Public Works and Parks services to Tukwila 8Vuth, as well as
track revenue generated by the deVe|Opment, including sales tax. REET, and utility taxes. If the
protocols are not developed or the DA amended to address this issue, the DA will terminate. The
development of these protocols has proven prOb|emaUc, for various reosonS, such as Tukwila's lack
of a unique zip code. For this reason, the City Administration believed that this was a good time to
reevaluate the need for the financial guarantee and approached Segale to see whether a more
appropriate alternative could be agreed upon.
After several months of negotiation the parties have reached a tentative agreement. Under this
proposal, Segale properties will pay the City $175 million in cash and they will pre-pay $3 million in
impact foes. These payments will be paid on a set schedule over a fifteen-year period. This
obligation will be secured by a deed of trust. This approach accomplishes several things, it gives
everyone certainty, it allows for money to come to the City on an agreed upon schedule which will
provide payments for bonds that will be issued to build the new fire station in Tukwila 80uth, when it
is warranted and it frees up funds for 0 & M coverage, should it be needed.
RECOMMENDATION
The Council is being asked to approve the attached Third Amendment to the Tukwila South DA,
which would remove the requirements for accounting protocols and Segale's 0 & M guarantee, and
to authorize the Mayor to enter into the attached Fire Facilities Agreement between Tukwila and
Segale.
These items are scheduled for introduction at the May 19, 2014 regular meeting and a public hearing
on the amendment to the development agreement will be held on May 27, 2014. Both items are set
for final action atthe June 2, 2014 regular meeting.
ATTACHMENTS
Third Amendment to the Tukwila South Development Agreement
Fire Facillties Agreement
66
RAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT
AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER
18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING
AND AUTHORIZING THE THIRD AMENDMENT TO THE
TUKWILA SOUTH DEVELOPMENT AGREEMENT WITH
SEGALE PROPERTIES, LLC, A WASHINGTON LIMITED
LIABILITY COMPANY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter
18.86 authorize development agreements between the City and persons having
ownership or control of real property in order to establish development standards to
govern and vest the development use and mitigation of real properties; and
WHEREAS, the City and Segale entered into that certain Development Agreement
relating to the Tukwila South development, dated June 10, 2009 (the "Development
Agreement "), approved by Ordinance No. 2233, and as amended pursuant to that
certain First Amendment to Development Agreement dated May 18, 2010 (the "First
Amendment ") and that certain Second Amendment to Development Agreement dated
November 20, 2012 (the "Second Amendment "); and
WHEREAS, the City of Tukwila and Segale Properties, LLC, wish to enter into a
Third Amendment to the Tukwila South Development Agreement, a copy of which is
attached hereto as Exhibit A; and
WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was
conducted on the 27th day of May 2014 to take public testimony regarding this Third
Amendment to the Development Agreement as proposed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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Section 1. The Third Amendment to the Tukwila South Development Agreement
by and between the City of Tukwila and Segale Properties, LLC, a copy of which is
attached hereto as Exhibit A, is hereby approved and the Mayor is authorized and
directed to execute said Third Amendment to Development Agreement on behalf of the
City of Tukwila.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Exhibit A: Third Amendment to Development Agreement by and between the
City of Tukwila and Segale Properties, LLC, for the Tukwila South
Development
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Page 2 of 2
THIRD AMENDMENT TO
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND SEGALE PROPERTIES LLC, FOR THE
TUKWILA SOUTH DEVELOPMENT
THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (the
"Third Amendment ") is made and entered into this day of June, 2014, by and
between the CITY OF TUKWILA ( "City "), a non - charter, optional code
Washington municipal corporation, and SEGALE PROPERTIES LLC, a
Washington limited liability company ( "Segale ").
I. RECITALS
WHEREAS, the City and Segale entered into that certain Development
Agreement relating to the Tukwila South development, dated June 10, 2009 (the
"Development Agreement ") as amended pursuant to that certain First
Amendment to Development Agreement dated May 18, 2010 (the "First
Amendment ") and that certain Second Amendment to Development Agreement
dated November 20, 2012 (the "Second Amendment ").
WHEREAS, Sections 4.8.1 and 4.8.3 of the Development Agreement
require Segale to pay the City an O &M Guarantee for Tukwila South Project
O &M Expenses and for the City and Segale to establish accounting protocols for
the tracking of O &M Revenue and O &M Expenses; and
WHEREAS, the Parties previously agreed to extend the deadline for
executing a memorandum of understanding documenting the accounting
protocols such that the effective deadline for executing such memorandum is
June 16, 2014. The Parties have held many meetings and hired a consultant to
assist with the development of accounting protocols, but agree that accurately
tracking O &M Revenues and O &M Expenses is not feasible; and
WHEREAS, the reimbursement provisions of Section 4.8.1 of the
Development Agreement were based upon an aggressive build -out schedule for
the Tukwila South Project, a schedule which, due to many factors including the
economic downturn, has not proved viable. Given the lack of development
activity to date, and the remaining site preparation work to be performed, the risk
assumptions that led to the provisions set forth in Section 4.8.1 of the
Development Agreement are no longer applicable; and
WHEREAS, the Parties have negotiated an alternative to the O &M
Guarantee, and as such desire to amend the Development Agreement; and
[1]
69
NOW, THEREFORE, in consideration of the mutual promises set forth
herein and the long -term benefit to both the City and Segale, the parties hereby
agree as follows:
11. AGREEMENT
1. The Development Agreement is hereby reinstated and shall be in full -force
and effect. Defined terms used herein shall have the meanings set forth in the
Development Agreement.
2. Segale shall be relieved of the O &M Guarantee obligation set forth in
Section 4.8.1, and Sections 4.8.1, 4.8.3, and 4.8.4.1 are hereby deleted in their
entirety. Segale shall be relieved of the Bridge funding obligations set forth in
Section 4.5.2, and Section 4.5.2 is hereby deleted in its entirety. For purposes of
clarity, the Parties acknowledge and agree that although sewer connection
charges may still apply to the Tukwila South Project, as a result of the elimination
of the O &M Guarantee, the provisions of Section 4.4 concerning credit toward
O &M Revenue for sewer connection charges are no longer applicable.
2.1. Pursuant to Sections 4.8.4 and 4.5.2, Segale has provided the City
with the O &M LC, the O &M Deed of Trust and the Bridge LC, all of which are
unnecessary as a result of this Third Amendment. Therefore, within five (5)
business days of the effective date of this Third Amendment, the City shall
submit to the Escrow Agent a request for release and reconveyance of the O &M
LC, the O &M Deed of Trust and the Bridge LC.
3. The provisions set forth in this Third Amendment are expressly contingent
on the Parties entering into the Fire Facilities Agreement attached hereto as
Exhibit A. The effective date of this Third Amendment shall be the date of mutual
execution of the Fire Facilities Agreement.
4. This Third Amendment shall be recorded against the Tukwila South
property as a covenant running with the land.
5. Notice address for Segale shall be as follows:
If to Segale:
If to the City:
70
Segale Properties LLC
P.O. Box 88028
Tukwila, Washington 98138 -2028
Attn: Mr. Mark A. Segale
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
[2]
Attn: City Clerk
6. Except as amended herein, the terms and provisions of the Development
Agreement remain in full force and effect. Any provisions of the Development
Agreement which refer to a section or obligation deleted by this Third
Amendment shall be interpreted as to give full effect to such provision, but for
reference to the deleted section or obligation.
In Witness Whereof, the parties have caused this Third Amendment to be
executed, effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
By:
Jim Haggerton, Its Mayor
Date:
Segale Properties LLC, a Washington limited liability company
By: Metro Land Development, Inc.,
Its: Manager
By:
Date:
M. A. Segale, President
[3]
71
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day of , 20_, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared M. A. Segale, to me known to be
the person who signed as President of Metro Land Development, Inc., Manager
of SEGALE PROPERTIES LLC, the limited liability company that executed the
within and foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said limited liability company for the uses and
purposes therein mentioned, and on oath stated that Mario A. Segale was
authorized to execute said instrument on behalf of the limited liability company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal
the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
[4]
72
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day of , 20_, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared , to me
known to be the person who signed as of the City of Tukwila, the
municipal corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
limited liability company for the uses and purposes therein mentioned, and on
oath stated that was authorized to execute said instrument on behalf of
the limited liability company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal
the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
[5]
73
EXHIBIT A
FIRE FACILITIES AGREEMENT
[6]
74
FIRE FACILITIES AGREEMENT
BY AND BETWEEN
THE CITY OF TUKWILA
AND SEGALE PROPERTIES LLC,
THIS FIRE FACILITIES AGREEMENT ( "Agreement ") is made and entered into this day
of May, 2014, by and between the CITY OF TUKWILA ( "City "), a non - charter, optional code
Washington Municipal Corporation, and SEGALE PROPERTIES LLC, a Washington limited
liability company ( "Segale "), formerly known as "LA PIANTA LLC."
I. RECITALS
WHEREAS, the City and Segale entered into a certain Development Agreement relating
to the Tukwila South development ( "Tukwila South "), dated June 10, 2009 (the "Development
Agreement ") as amended pursuant to that certain First Amendment to Development Agreement
dated May 18, 2010 (the "First Amendment ") and that certain Second Amendment to
Development Agreement dated November 21, 2012 (the "Second Amendment "); and
WHEREAS, pursuant to Section 4.6.2 of the Development Agreement, Segale dedicated
to the City, for use as a fire station, the real property legally described on the attached Exhibit A
(the "Fire Station Property "); and
WHEREAS, pursuant to Tukwila Municipal Code chapter 16.26, development activity
with the City of Tukwila is required to pay a fire impact fee; and
WHEREAS, parties agree that there is mutual benefit in the timely construction of a fire
station on the Fire Station Property; and
NOW, THEREFORE, in consideration of the mutual promises set forth herein and the
long -term benefit to both the City and Segale, the parties hereby agree as follows:
II. AGREEMENT
1. Defined Terms. Defined terms used herein shall have the meaning set forth in the
Development Agreement and Tukwila Municipal Code chapter 16.26.
2. Fire Impact Fees. The City is authorized under RCW 82.02.050 through RCW
82.02.090 to collect an Impact Fee to fund fire facilities needed to serve growth and
development ( "Fire Impact Fee "). The terms of this Agreement are expressly
contingent on the City, during the Term of this Agreement, keeping in full force and
effect the provisions of Tukwila Municipal Code chapter 16.26, which may be
amended from time -to -time, and assessing a Fire Impact Fee on all Development
Activity within the Tukwila South Project. However, the City retains the ability to
waive or otherwise reduce impact fees on a development by development basis,
pursuant to state law; provided that the reduction in fees does not fall below the City
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refund requirement pursuant to this agreement. For purposes of this Agreement, the
Fire Impact Fee collected by the City from Development Activity within the Tukwila
South Project shall be referred to as the "Project Fire Impact Fee(s)." This agreement
relates to Fire Impact Fees only, and not to any other impact fees that may be
assessed pursuant to the Development Agreement or state or local law.
3. Fire Impact Fee Payment. In order to mitigate the impacts of the Tukwila South
Project on the City's fire facilities, Segale shall make the following payments, which
shall be paid in annual installments commencing December 1, 2017 (the "Annual
Installments "), in accordance with the payment schedule set forth in the attached
Exhibit B (the "Payment Schedule "):
a. Segale shall pay the City a non - refundable mitigation fee in the amount of
One Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00) (the
"Mitigation Payment ").
b. Segale shall pay the City a refundable Fire Impact Fee deposit in the
amount of Three Million Dollars ($3,000,000.00) (the "Fire Impact Fee
Deposit ").
4. Refund of Deposit. The City shall provide Segale with a refund of the Fire Impact
Fee Deposit (the "Refund "), provided that the Project Fire Impact Fees collected by
the City for development within the Tukwila South Project shall be the sole source of
revenue for the Refund, and provided further, Segale shall not be entitled to receive
interest on the Fire Impact Fee Deposit. Commencing January 1, 2018, the Refund
shall be paid by the City annually, no later than January 31st of each year, in an
amount equal to the Project Fire Impact Fees collected by the City for development
within the Tukwila South Project during the preceding year (the " Annual Refund ");
provided, the Annual Refund amount shall not exceed the total amount of Annual
Installments paid as of the date of the Annual Refund and in the event the annual
amount of Project Fire Impact Fees exceeds the total Annual Installments, the balance
shall be carried forward and refunded in subsequent years.
5. Record Keeping. The City shall maintain records of the Project Fire Impact Fees, and
the City shall provide Segale with quarterly reports indicating the amount of Project
Fire Impact Fees collected during the preceding quarter.
6. Use of Fire Impact Fee. The City shall use the Mitigation Payment and the Fire
Impact Fee Deposit solely for financing the design, construction and operation of fire
facilities on the Fire Station Property, and for no other purpose. The City shall
commence construction of a fire station on the Fire Station Property by the end of the
payment schedule set forth in Exhibit B.
7. Security for Payment. Segale's obligation to pay the Mitigation Payment and the Fire
Impact Fee Deposit shall be secured by a deed of trust, in the form of the attached
Exhibit C (the "Deed of Trust "), recorded against the real property legally described
in the attached Exhibit D (the "Encumbered Property "). Segale shall have the right to
substitute as security from time to time one or more deeds of trust in the same or
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similar form on other real estate acceptable to the City in the exercise of reasonable
discretion so long as the unencumbered value of the substituted collateral is equal to
or greater than Segale's financial obligation under this Agreement.
8. Term of Agreement. This Agreement shall remain in effect for the latter of (i) fifteen
(15) years, or (ii) until Segale receives a full refund of the Fire Impact Fee Deposit.
9. Assignment of Rights. In its sole discretion, Segale may assign this Agreement to
any party who acquires, through lease or purchase, 50% or more of the property
within the Tukwila South Project.
10. Default. No party shall be deemed in default under this Agreement unless it has
failed to perform as required for a period of thirty (30) after written notice of default
from the other party. A party not in default under this Agreement shall have all rights
and remedies provided by law or equity, including without limitation damages,
specific performance, or writs to compel performance or require action consistent
with this Agreement. In the event the City defaults in the performance of its
obligation under this Agreement, Segale shall, in addition to all remedies available at
law or equity, be entitled to suspend performance of its obligations until the City's
default is cured.
11. General Provisions.
a. Notice. All communications, notices, and demands of any kind that a party
under this Agreement requires or desires to give to any other party shall be in
writing and either (i) delivered personally, (ii) sent by facsimile transmission
with an additional copy mailed first class, or (iii) deposited in the U.S. mail,
certified mail postage prepaid, return receipt requested, and addressed as
follows:
If to the City: City of Tukwila
6300 Southcenter Boulevard
Tukwila, Washington 98188
Attn: Mayor's Office and
Director of Public Works and
Director of Community Development
If to Segale:
Segale Properties LLC
P.O. Box 88028
Tukwila, Washington 98138 -2028
Attn: Mr. Mark A. Segale
Notice by hand delivery or facsimile shall be effective upon receipt, provided
that notice by facsimile shall be accompanied by mailed notice as set forth
herein and shall be evidenced by a machine - printed confirmation of successful
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77
transmission. If deposited in the mail, certified mail, return receipt requested,
notice shall be deemed delivered forty -eight (48) hours after deposited. Any
party at any time by notice to the other party may designate a different address
or person to which such notice or communication shall be given.
b. Payments. Any payment required to be made pursuant to the terms of this
Agreement, which is not paid by the due date set forth herein, shall be subject
to an interest charge at the rate of 12% per annum.
c. Authority. Each party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Agreement on
the terms and conditions herein stated, and to deliver and perform its
obligations under this Agreement.
d. Exhibits Incorporated. Exhibits A through D are incorporated herein by this
reference as if fully set forth.
e. Headings. The headings in this Agreement are inserted for reference only and
shall not be construed to expand, limit or otherwise modify the terms and
conditions of this Agreement.
f. Time of the Essence. Time is of the essence of this Agreement and of every
provision hereof. Unless otherwise set forth in this Agreement, the reference
to "days" shall mean calendar days. If any time for action occurs on a
weekend or legal holiday in the State of Washington, then the time period
shall be extended automatically to the next business day.
g. Entire Agreement. This Agreement represents the entire agreement of the
parties with respect to the subject matter hereof There are no other
agreements, oral or written, except as expressly set forth herein.
DATED this day of June, 2014.
CITY OF TUKWILA
SEGALE PROPERTIES LLC
By: Metro Land Development, Inc.,
Its: Manager
By:
Jim Haggerton, Mayor By:
M. A. Segale, President
4
78
Attest /Authenticated:
City Clerk
Approved as to Form:
Office of the City Attorney
5
79
EXHIBIT A
Legal Description of Fire Station Property
New Parcel C of City of Tukwila Boundary Line Adjustment No. L 13 -005, as
recorded in the public records of King County, Washington, under recording no.
20130227900005.
6
80
EXHIBIT B
Payment Schedule
Payment Date
Payment
Amount
Dec. 1, 2017
$ 500,000.00
Dec. 1 2018
$ 300,000.00
Dec. 1, 2019
$ 300,000.00
Dec. 1, 2020
$ 300,000.00
Dec. 1, 2021
$ 300,000.00
Dec. 1, 2022
$ 300,000.00
Dec. 1, 2023
$ 300,000.00
Dec. 1, 2024
$ 300,000.00
Dec. 1, 2025
$ 300,000.00
Dec. 1, 2026
$ 300,000.00
Dec. 1, 2027
$ 300,000.00
Dec. 1, 2028
$ 300,000.00
Dec. 1, 2029
$ 300,000.00
Dec. 1, 2030
$ 300,000.00
Dec. 1, 2031
$ 350,000.00
Total
Payments
$ 4,750,000.00
7
81
EXHIBIT C
Form of Deed of Trust
DEED OF TRUST
(For Use in the State of Washington)
THIS DEED OF TRUST, made this day of 2014, between SEGALE PROPERTIES LLC, a
Washington limited liability company, GRANTOR, whose address is 5811 Segale Park Drive C, Tukwila, WA
98188, COMMONWEALTH LAND TITLE COMPANY OF PUGET SOUND, LLC, a Washington limited liability
company, TRUSTEE, whose address is 14450 N.E. 29th Place, #200, Bellevue, WA 98007, and THE CITY OF
TUKWILA, a non- charter, optional code Washington municipal corporation, BENEFICIARY, whose address is
6200 Southcenter Boulevard, Tukwila, WA 98188.
WITNESSETH: Grantor hereby bargains, sells, and conveys to Trustee in trust, with power of sale, the following
described real property in King County, Washington:
[See Exhibit A attached hereto and incorporated herein]
Assessor's Tax Parcel ID# 3523049120
which real property is not used principally for agricultural or farming purposes, together with all tenements,
hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents,
issues and profits thereof.
This deed is for the purpose of securing performance of each agreement of grantor herein contained, and
Grantor's obligation under that certain Fire Facilities Agreement between Grantor and
Beneficiary dated the day of , 2014 and approved by the Beneficiary's City Council as
Ordinance on 2014.
To protect the security of this Deed of Trust, Grantor covenants and agrees:
1. To keep the property in good condition and repair, to permit no waste thereof; to complete any building, structure
or improvements being built or about to be built thereon, to restore promptly any building, structure, or
improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations,
covenants, conditions and restrictions affecting the property.
2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear
of all other charges, liens or encumbrances impairing the security of this Deed of Trust.
3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss
by fire or other hazards in an amount not less than 90% of the insurable value thereof. All policies shall name
Beneficiary as a loss payee as its interest may appear. In the event of foreclosure, all rights of the Grantor in
insurance policies then in force shall pass to the purchaser at the foreclosure sale.
4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary
or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable
amount, in any such action or proceeding, in any suit brought by Beneficiary to foreclose this Deed of Trust.
5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee
incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided
by statute.
8
82
6. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other
charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with
interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this
Deed of Trust.
IT IS MUTUALLY AGREED THAT
1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount
of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to the
Beneficiary to be applied to said obligation.
2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to
require prompt payment when due of all other sums so secured or to declare default for failure to so pay.
3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled
thereto, on written request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and
written request for reconveyance made by the Beneficiary or the person entitled thereto.
4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any
agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the
Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in
accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any
person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (l) to the
expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this
Deed or Trust; and (3) the surplus, if any, shall be distributed to the persons entitled thereto.
5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser
the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of
Trust, and such as he may have acquitted thereafter, Trustee's deed shall recite the facts showing that the sale was
conducted to compliance with all the requirements of law and this Deed of Trust, which recital shall be prima facie
evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrances for
value.
6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not
an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage.
7. In the event of the death, incapacity, disability, or resignation of Trustee, Beneficiary may appoint in writing a
successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this
Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is
not obligated to notify any party hereto of pending sale under any other Deed of Trust or of an action or proceeding
in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee.
8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their
heirs, devisees, legatees, administrators, executors and assigns. The term Beneficiary shall mean the holder and
owner of the note secured hereby, whether or not named as Beneficiary herein.
Segale Properties LLC
By Metro Land Development, Inc.
Its Manager
Mark A. Segale, Vice President
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83
STATE OF WASHINGTON
) ss.
COUNTY OF KING
On this _day of , 2014, before me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared Mark A. Segale, to me known to be the person
who signed as Vice President of Metro Land Development, Inc., Manager of SEGALE PROPERTIES LLC, the
limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath
stated that Mark A. Segale was authorized to execute said instrument on behalf of the company.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington,
residing at
My appointment expires:
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84
EXHIBIT "A" to Deed of Trust
85
EXHIBIT D
Legal Description of Encumbered Property
THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 35;
THENCE SOUTH 87 °50'09" EAST ALONG THE NORTH LINE THEREOF 449.30 FEET;
THENCE SOUTH 02 °09'51" WEST 36.00 FEET TO THE SOUTH MARGIN OF SOUTH 180TH STREET
AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 87 °50'09" EAST ALONG SAID SOUTH MARGIN 786.92 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL
ANGLE OF 95 °35'05" AN ARC DISTANCE OF 83.41 FEET;
THENCE SOUTH 07 °44'56" WEST 348.56 FEET;
THENCE NORTH 87 °50'09" WEST 802.76 FEET;
THENCE NORTH 02 °09'51" EAST 401.77 FEET TO THE TRUE POINT OF BEGINNING;
(ALSO KNOWN AS LOT 3 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93 -0085,
RECORDED UNDER KING COUNTY RECORDING NO. 9311301961);
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
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mon
City of Tukwila
CITY ADMINISTRATOR REPORT
The City of opportunity, the community of choice
TO: Mayor Haggerton
Councilmembers
FROM: David Cline, City Administrator
DATE: May 14, 2014
SUBJECT: Report for May 19, 2014 Regular Council Meeting
Jim Haggerton, Mayor
The City Administrator Report is meant to provide the Council, staff and community an update
on the activities of the City and on issues that concern Tukwila. Please let me know if you have
any questions or need additional information about any of the following items.
Intergovernmental Update
• Kin County City Managers and Administrators Meeting: City Administrator David
Cline attended the monthly City Managers and Administrators meeting where they
discussed the following items:
• Association of Washington Cities — received a debrief from Dave Williams, the
Legislative Director, who outlined steps to engage the legislature in preparation for
next session. Also, we received a briefing on the current concerns surrounding the
Department Of Ecology Fish Consumption Rules and its possible significant impacts
on all cities, especially in surface water rates and clean water regulations.
• King County Master Builders Association — received an update from Alex Wilford,
South King County Manager. Their organization is the largest and oldest of its kind
in the country and is interested in improving relationships and partnerships with
cities.
• King County Climate Goals - The County and their partners (which includes
Tukwila) provided an overview of their activities to date including their actionable
items. They are planning another meeting of elected officials in early June.
• Animal Services Presentation — King County is evaluating ways to increase
funding for animal services to make this a more self - supporting function.
• SCA Update — Governor Inslee will be the Keynote speaker at the next networking
dinner on May 28.
• Puget Sound Clean Air Agency (PSCAA) Meeting: Mayor Haggerton met with Craig
Kenworthy, Executive Director for the Puget Sound Clean Air Agency to discuss current
activities of their agency and their proposed increase in fees.
• Museum of Flight Airpark: Mayor Haggerton and City staff met with the President and
CEO of the Museum of Flight to discuss current Museum of Flight activities and review
their upcoming Covered Airpark Project
• Forterra 2511 Anniversary Breakfast: Mayor Haggerton, Council President Quinn,
Councilmembers Seal and Kruller, as well as several City staff attended Forterra's 25th
Anniversary Breakfast on May 14 at the Washington Convention Center. Tukwila's
"Community Connectors" were highlighted at this event as a model for community
engagement.
• Cascade Water Alliance 151 Anniversary: Mayor Haggerton, City Administrator David
Cline and several City staff members attended Cascade Water Alliance's 15th
Anniversary Celebration at Meydenbauer Center.
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City Administrator Report
Page 2
• Soundside Alliance: Councilmember Hougardy and Economic Development staff
attended the Soundside Alliance's bi- monthly executive committee meeting. The Port of
Seattle has offered to fund a study to identify and map the economic and workforce
development assets within Soundside that help to grow middle -class jobs and facilitate
career advancement. The Alliance agreed to lead the study with Port assistance. The
first step is to agree on a specific scope of work which is estimated to be decided in
September 2014.
• TIBAC: Staff from Economic Development and the Police Department attended the
monthly TIBAC meeting. The main topic was how to encourage people to call Tukwila
International Boulevard by its name or "the Boulevard" instead of "the Highway ".
II. Community Events
• Backyard Wildlife Festival: Parks and Recreation Department Staff hosted the 14
annual Backyard Wildlife Festival on Saturday, May 10. The event went well; speakers
Jessi Bloom, Marianne Binetti, and Ciscoe Morris were each highlights. Craft vendors,
plant sales, and educational booths had a nice flow of attendees throughout the day.
Project Feast provided a delicious lunch with food represented from Thailand, India, and
Israel. The 18th Annual Tukwila Arts Show reception was held on Friday, May 9 and the
show itself was held on May 10 in conjunction festival. The reception and show were
well attended, about 15% more artwork was received from artists this past year.
III. Staff Updates
Public Safety
• DARE Graduation: On April 28, the Tukwila Police Department DARE instructors held a
DARE graduation for the fifth graders from Thorndyke, Tukwila and Cascade View
Elementary schools. The graduation took place at Foster High School's Performing Arts
Center. This year's event marked another year of "Keepin' it....Real" as part of the
curriculum for the fifth graders. The celebration was filled with great speakers and a
great time for everyone! Awards were given to winners of the poster contest and written
essays.
• East African Area Studies Group (EAASG): The Tukwila Police Department was the
host agency for the international 2014 EAASG conference, which was held at the Double
Tree Suites in Tukwila, May 5 -7. Officer Kraig Boyd from Tukwila was fundamental in
the organization of and facilitation of the daily operations of the conference. The mission
of the East African Area Studies Group is to support law enforcement in understanding
the East African community, share information regarding crime trends and gangs, and
enhance collaboration between government entities regarding Horn of Africa issues.
The conference covered a variety of topics, which included sessions on:
1) Understanding Somalia: Society, Culture, and the State; 2) Community Policing in the
Somali Community; 3)Creating community Engagement Teams. There were
approximately 130 attendees at the conference. In addition to being the Department
liaison for the conference, Officer Boyd arranged tours of the City for conference
attendees. Conference attendees were excited about the location and asked to have the
conference return here in the future.
Parks and Recreation
• FootGolf at Foster Golf Links: A new program will be starting at Foster Golf Links
within the next few weeks, FootGolf. Played just like regular golf, FootGolf players kick a
soccer ball into cups that are 21 inches wide. A FootGolf course integrates into a
regular golf course - you can get 18 holes of FootGolf into 9 holes on a regular
course. We'II be using the front 9 at Foster to avoid playing over the river. The course
has been laid out to ensure that FootGolf avoids the regular golf greens as well as ease
of maintenance. Initially, we intend to have separate time blocks during the week for
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City Administrator Report
Page 3
FootGolf, however, we anticipate a co- mingling of tee times during the shoulder and off-
season. FootGolf is endorsed by the PGA and was featured on Evening Magazine on
May 12. Staff is excited to bring FootGolf to Foster as it will increase access to the
course for a broader range of the community, and anticipate play beginning in early
June.
Project Updates
• Succession Plan Training: About 32 City staff participated in Succession Plan Training
at WCIA on May 6 which focused on creating training and leadership opportunities for all
staff to develop in their careers.
• Cultural Awareness Training: On May 7, the City's 3rd Cultural Awareness workshop
was held at the Community Center. About 20 employees' participated in the workshop.
• Lean Training: Almost 40 employees participated in an "Introduction to Lean" workshop
held at the Community Center on May 8. This training is provided by the State Auditor's
office and provides information and an overview of tools and processes that can be used
to increase efficiency through process improvement.
• High Performing Organization — City Administrator Cline and Project Analyst Joyce
Trantina met with the cities of Renton, SeaTac, Issaquah, Bellevue and Lakewood as
well as a U.W. Professor to discuss implementation ideas to create a high performing
city organization. This group may work with MRSC, UW and others to formalize the
lessons learned across cities. In addition, starting May 19, another 36 employees will
be attending the 3 -days of training provided by Professor Tony Gardner focused on this
theme of high performance.
Community Services
• Meeting with Providence Health: Staff from Human Services, Planning, and Economic
Development met with a representative from Providence Health & Services on their
interest and ability to develop affordable housing in Tukwila.
• BNSF Allentown: On May 5 Mayor Haggerton, Councilmember Ekberg, Councilmember
Hougardy, and Council President Quinn, City Administrator Cline, and city staff met with
three citizens from Allentown on next steps related to impacts of the BNSF intermodal
yard operations in Allentown.
• Tukwila Village: On May 14 the Tukwila Village developer's team selected an artist for
the clock tower public art to be created for the Tukwila Village plaza. A member of the
Tukwila Arts Commission participated in the selection process.
• Meeting with Buildinq Changes: Human Services Staff met with representatives from
Building Changes on May 12, to discuss opportunities to look at grants for serving
homeless families
IV. Responses to Council /Citizen Inquiries
• Traffic Complaint on S. 1401 St. The Police Department Traffic Unit is aware of the
traffic concerns at this intersection and are taking steps to address these concerns. So
far this year, 32 tickets have been written on S. 140th Street. The Traffic Unit and Patrol
Officers will continue to watch for violations in this area.
89
90
Upcoming Meetings & Events
May 2014
19th (Monday)
20th (Tuesday)
21st (Wednesday)
22nd (Thursday) 23rd (Friday)
24th (Saturday)
➢ Utilities Cmte,
5:15 PM
(Foster
➢ Finance &
Safety Cmte,
5:30 PM
➢ Park
Commission,
5:30 PM
➢ Planning
Commission,
6:30 PM
Conference
(Hazelnut
(Community
(Council
Room)
Conference
Center)
Chambers)
Room)
➢ City Council
May 22* and 23
Regular Mtg.,
"Military Road"
7:00 PM
An original play about the Duwamish
(Council
Valley during 1855 to 1856. The
Chambers)
script is a collaboration of Foster
High School theatre students and
playwright Rachel Atkins.
7:00 PM
Foster Performing Arts Center
Students with ASB and seniors: $4.00
Adults and students w/o ASB: $5.00
*On May 22 there will be a "talkback"
session after the play with the
playwright and students.
Supported by the Tukwila Arts
Commission with sustained support
fundingfrom 4Culture.
26th (Monday)
27th (Tuesday)
28th (Wednesday)
29th (Thursday)
30th (Friday)
31st (Saturday)
Memorial Day
➢ Transportation
Cmte,
➢ C
➢ Community
Affairs &
Tukwila Int'l. Blvd.
mmunit)
Affairs &Parks
City offices closed
Cmte,
Action Cmte's
�iuV'wu
5:15 PM
(Foster
Parks Special
Meeting:
Trash Pickup Day
CANCELLED
W° 11
Conference
Tour of Code
9:00 10:00 AM
1! ���
Room)
Enforcement
��
Properties,
➢ Tukwila
5:15 PM
For location or
t
➢ City Council
Mctr litan
(depart from
information contact
p
Park District
/ /
Committee of
City Hall
Sharon Mann
B f
mil ��
the Whole Mtg.,
7:00 PM
flagpole)
206- 200 -3616
and
Commissioners
(Council
CANCELLED
Chambers)
MPD Board of
Commissioners
Retreat
9:00 AM – 4:00 PM
(Community Center)
➢ Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342.
➢ Chamber of Commerce's Tukwila Government and Community Affairs Committee: Quarterly, 12:00 Noon, Chamber Offices.
➢ City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall.
➢ City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall.
➢ Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf. Room. Contact Kim Gilman at 206 -431 -2187.
➢ Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room Meeting Cancelled.
➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris
Partman (206- 431 - 2197).
➢ Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf Room. (A) Resolution authorizing investment of funds in the
Washington Local Government Investment Pool. (B) Resolution changing the Finance Department petty cash and change fund levels.
➢ Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308.
➢ Planning Commission /Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta at
206 - 431 -3670.
➢ Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf. Room
➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Joan
Hernandez at 206 -248 -0260.
➢ Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf. Room . (A) Community Connectivity Consortium Project Agreement
64. (B) Bid award for East Marginal Way S. Storm Pipe Replacement. (C) Andover Park East Water Main Replacement -2016
Public Works Trust Loan Application. (D) Ordinance establishing sewer connection fees for Tukwila South. (E) Resolution to adopt
2013 Sewer Comprehensive Plan.
Hazelnut Conference Room = Located in City Hall
Foster, Duwamish and Rainier Conference Rooms = Located in 6300 Building
91
Tentative Agenda Schedule
MONTH
MEETING 1-
REGULAR
MEETING 2 -
C.O.W.
MEETING 3 -
REGULAR
MEETING 4 -
C.O.W.
May
5
12
19
See agenda packet
cover sheet for this
week's agenda
(May 19 2014
Regular Meeting).
27 (Tuesday)
Special Presentation:
-Parks and Recreation
awards.
-Vroom Program.
Public Hearing:
Tukwila South
Development
Agreement 3rd
Amendment.
Special Issues:
- Tukwila South, and
ordinance relating to
development
agreements authorized
pursuant to Chapter
18.86 of the Tukwila
Municipal Code;
approving and
authorizing the third
amendment to the
Tukwila South
Development
Agreement with Segale
Properties, LLC, a
Washington limited
liability company.
And an Agreement for
fore Facilities.
- Property acquisition -
14442 Tukwila
International
Boulevard.
- Collective Bargaining
Agreement.
- Southcenter Plan -
Open Space
requirements.
June
2
Special Presentation:
9
Special Issues:
16
Special Presentation:
23
Special Presentation:
2013 Financial
Update /2015 -2016
Budget Priorities.
Unfinished Business:
Discussion on Freeway
Interchange Signs.
- Valley Com
Presentation.
- Police Department
Strategic Plan.
- 20141,1 Quarter
Financial Report.
-A briefing on the
Cascade Water
Alliance.
Committee of the
Whole to be followed
by a Special Meeting.
- Tukwila South
- Property acquisition
at 14442 Tukwila
International
Boulevard.
- Collective Bargaining
Agreement.
- Southcenter Subarea
plan adoption.
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