HomeMy WebLinkAboutCOW 2014-11-24 COMPLETE AGENDA PACKET"��'� Tukwila City Council Agenda
0 1 040,11 fin° •. COMMITTEE OF THE WHOLE ❖
Jim Haggerton, Mayor Counci /members: + Joe Duffie + Dennis Robertson
.qoa David Cline, CityAdministrator + Allan Ekberg + Verna Seal
De'Sean Quinn, Council President + Kathy Hougardy + Kate Kruller
Monday, November 24, 2014, 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. CITIZEN COMMENT
At this time, you are invited to comment on items not included on this agenda
is
(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
presented for discussion.
3. PUBLIC HEARINGS
a. An ordinance authorizing the 90 Andover Park hotel development.
b. An ordinance establishing a multi - family property tax exemption.
Pg.1
Pg.49
4. SPECIAL ISSUES
a. An ordinance authorizing the 90 Andover Park hotel development.
b. An ordinance establishing a multi - family property tax exemption
(Washington Place development).
c. A resolution endorsing the Teens for Tukwila charter.
d. Authorize the Mayor to sign a contract with PBS Engineering +
Environmental for Phase 1 of the Motel Demolition Project.
e. A resolution establishing the 2015 non - represented employees' wage
and benefit schedule.
f. A collective bargaining agreement with the United Steelworkers
(USW) Police Commanders for 2014 -2016.
g. An ordinance relating to tow truck licensing.
h. An update on the BNSF Intermodal Facility Access Project.
i. An ordinance extending the sunset provision on the interfund utility
tax.
j. Ordinances authorizing the issuance of bonds for the purpose of
financing the TIB (Tukwila International Boulevard) Redevelopment
Project.
Pg.1
Pg.49
Pg.101
Pg.111
Pg.141
Pg.157
Pg.161
Pg.173
Pg•189
Pg.197
5. REPORTS
a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. 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.
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
C011flal review
11/24/14
MD
E Resolution
Allg Date
I Ordinance
12/01/14
MD
E Other
Mtg Date
Mtg Date 12/1/14
SPONSOR Council E Mayor E f IR Z DCD Finance E11 Fire E IT P &R LI Police LI P '
SPONSOR'S Approval of an Ordinance and Development Agreement for the proposed hotel
SUMMARY development at 90 Andover Park East that would allow the shared use of parking in the
right-of-way of Christensen Road in exchange for the construction of a public pocket park.
The Council is being asked to hold a public hearing and consider the draft ordinance and
the associated development agreement.
REVIIAVED BY E COW Mtg. Z C.A&P Cmte F&S Cmte E Transportation Cmte
E Utilities Cmte E Arts Comm. E Parks Comm. El Planning Comm.
DATE: 11/12/14 COMMITTEE CHAIR: JOE DUFFIE
RECOMMENDATIONS:
SPoNsoR/ADmiN,
CommniFF:
Department of Community Development
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPINDITURI; REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
ITEM INFORMATION
ITEM No.
3.A. &
4.A.
1
STAFF SPONSOR: JACK PACE
ORIGINAL AGENDA DATE: 11/24/14
AG1NDA ITEM TITLE An Ordinance and Development Agreement for the proposed hotel at 90 Andover
Park East.
CA'il,:(;( )itY Discussion
Mtg Date 11/24/14
n Motion
Al 1:g Date
E Resolution
Allg Date
I Ordinance
E 13/d Award
A li:g Date
Z Public Hearing
Mtg Date 11/24/14
E Other
Mtg Date
Mtg Date 12/1/14
SPONSOR Council E Mayor E f IR Z DCD Finance E11 Fire E IT P &R LI Police LI P '
SPONSOR'S Approval of an Ordinance and Development Agreement for the proposed hotel
SUMMARY development at 90 Andover Park East that would allow the shared use of parking in the
right-of-way of Christensen Road in exchange for the construction of a public pocket park.
The Council is being asked to hold a public hearing and consider the draft ordinance and
the associated development agreement.
REVIIAVED BY E COW Mtg. Z C.A&P Cmte F&S Cmte E Transportation Cmte
E Utilities Cmte E Arts Comm. E Parks Comm. El Planning Comm.
DATE: 11/12/14 COMMITTEE CHAIR: JOE DUFFIE
RECOMMENDATIONS:
SPoNsoR/ADmiN,
CommniFF:
Department of Community Development
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPINDITURI; REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments..
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/04/14
Vicinity Map
Ordinance in Draft Form
Development Agreement with Exhibits 1, 2, 3
Map showing riverbank in the vicinity of the site
Minutes from the Community Affairs and Parks Committee meeting of 11/12/14
12/1/14
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Committee of the Whole
FROM: Jack Pace, Director Department of Community Development
BY: Minnie Dhaliwal, Planning Supervisor
DATE: November 18, 2014 (Revised after Community Affairs and Parks Committee
meeting on November 12, 2014)
SUBJECT: Development Agreement for the proposed hotel at 90 Andover Park East.
ISSUE
Should the City Council approve the proposed Development Agreement for the proposed hotel
development at 90 Andover Park East that would allow the shared use of parking in the right-of-
way of Christensen Road in exchange for the construction of a public pocket park?
BACKGROUND
Tukwila TSD LLC is proposing to develop a new five story hotel at 90 Andover Park East with
approximately 90 guest rooms. One parking space per room is required for lodging uses in the
Tukwila Urban Center Transit Oriented Development District. The developer has submitted a
site plan showing that only 53 parking spaces can be accommodated on the project site.
Therefore the developer is proposing shared use of parking and drive aisle area in the right-of-
way of Christensen Road in exchange for developing a public pocket park in the cul-de sac area
of Christensen Road.
TMC 18.86 allows the City to use development agreements to provide flexibility to achieve
public benefits, respond to changing community needs, or encourage modifications which
provide the functional equivalent or adequately achieve the purposes of otherwise applicable
City standards.
DISCUSSION
The proposal reviewed by the Community Affairs and Parks Committee included:
• Shared use of parking and drive aisle area in the right-of-way of Christensen Road, with
18 new parking spaces added by the developer within the undeveloped right-of-way area
adjacent to the hotel site. The developer would also reconfigure the existing spaces to
increase the number of parking spaces in the right-of-way. A total of 45 parking spaces
would be available within the right-of-way; out of which 41 will be shared between the
hotel use and members of the public with four spaces exclusively reserved for non-hotel
users including those who want to access the Green River Trail.
In exchange for the shared parking the developer shall:
a) Develop and maintain a public pocket park within the existing cul-de-sac area.
b) Maintain the park and the parking area for the term of the agreement.
c) Provide public access through the subject property to compensate for the cul-de-sac
closure.
d) Construct a pedestrian connection between the intersection of Andover Park East
and Tukwila Parkway to the pocket park and the Green River Trail.
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INFORMATIONAL MEMO
Page 2
• Initial term of 50 years with an option to extend for 30 additional years.
• The agreement shall terminate if any of the following terms are not met:
a) The applicant fails to submit a complete building permit application for the
construction of the hotel within one year; or if the construction is not completed within
three years; or if the developer does not comply with maintenance obligations for the
park and the parking areas;
b) If the property is redeveloped or a change of use occurs;
c) If WSDOT widens 1-405 or should any other project or condition arise that requires
reconfiguration of Tukwila Parkway, the Project parking area, and/or the Pocket
Park;
d) If the developer abandons the project;
e) The developer shall renegotiate a new agreement or provide documentation showing
how the number of parking spaces required by code will be provided if the hotel use
is to continue after the expiration of the agreement.
This proposal furthers the following goals and policies of the City's Comprehensive Plan and the
Southcenter Subarea Plan:
• The Southcenter Subarea Plan envisions that parking will be accommodated by a
combination of off- and on-street parking spaces/lots and shared parking facilities within
the Transit Oriented Development (TOD) Neighborhood.
• The Southcenter Element of Tukwila's Comprehensive Plan includes policy 12.2.1 to
"Recognize, protect and enhance the open space network by augmenting existing parks,
enhancing access to passive and active recreation areas such as Tukwila Pond, Mink ler
Pond and the Green River...."
The implementation strategies for policy 10.2.1 of the Tukwila Comprehensive Plan
includes, "Look for opportunities for pocket park development" and "Seek opportunities
for public/private partnerships".
Uses that provide public access and public recreation are prioritized in the Urban
Conservancy Environment in the Shoreline Element of the Tukwila Comprehensive Plan.
The pocket park and shared parking are considered mutually beneficial to the City and the
developer for the following reasons:
• There are currently only 27 parking spaces in the right of-way area and the proposal will
provide 45 parking spaces.
• Hotel parking spaces are expected to be used primarily in the evening and night time
hours and parking for the trail access is expected to be used during day light hours.
• The pocket park will complement the Green River Trail.
• The proposal facilitates higher intensity development that is envisioned by the
Comprehensive Plan for this area.
• The cost of construction and maintenance of the pocket park and the parking spaces will
be paid for by the developer in exchange for the shared use of the parking.
• Members of the public and emergency vehicles will have access through the hotel
parking lot.
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INFORMATIONAL MEMO
Page 3
Alternative proposal discussed at the Community Affairs and Parks Committee:
Committee's Recommendation: At the Community Affairs and Parks Committee an
alternative that would allocate the funds specified in the development agreement for the
pocket park to go toward a tree planting project in the area of the river bank across
Christensen Road was discussed. This alternative was recommended by the Committee
as it advances the goals of regional efforts to restore aquatic ecosystems and salmon
habitat in the Green-Duwamish watershed. Under this proposal, the developer would
provide the money and the City could assume responsibility for the project, either alone
or in collaboration with a group already doing this kind of restoration work. The
Committee supported the alternative if it did not delay the agreement or add costs for the
developer. The Committee agreed to forward the item for Committee of the Whole
discussion to include the original proposal and additional analysis relating to the
alternative proposal. The Committee of the Whole would then select the preferred
option.
Staff has further reviewed the alternative proposed by the Committee with the City's
Public Works and Parks Department and listed below is their response. A map showing
the riverbank area in the general vicinity of the subject site is attached to this memo. The
total area from south of 1-405 to the bend in the River is approximately 73,000 square
feet. The project cost for any shoreline restoration project that includes site preparation
and planting is approximately $2 per square foot.
Review of the Committee's recommendation by Bob Giberson, Public Works
Director: Following projects are underway that might preclude the quick approval of a
Green River planting plan adjacent to 90 Andover Park East along the river:
a) Green River System Wide Improvement Framework (SWIF) process will be ongoing
through early 2015. It is a US Army Corp of Engineers planning process that is being
completed by King County Flood Control District. It involves ongoing engagement
with state/federal agencies, business community, environmental community, WRIA9
and other agencies. It will include a prioritized list of capital projects to achieve flood
protection goals and vegetation management plans to address large trees and
shrubs location with respect to levees. More information about SWIF is available
online at littp://www.kitigeountv,gov/em ironment/wIr/sections-pro_grams/river-
lloo4lain-section/capital-arojecis/green-river-system-wide-improvement-
framework.asx
b) The Tukwila 205 Levee Certification effort will not be completed for at least one
year. The biggest unknown to obtain FEMA levee accreditation approval is the scope
of repairs and/or improvements. Any required repairs and/or improvements will
jeopardize any recent plantings.
c) The TUC Pedestrian/Bicycle Bridge final design may include habitat mitigation near
the bend in the river to the south of 90 Andover Park East. The design for this project
will be completed in 2015 and constructed by 2017
As an alternative option, it appears that there is sufficient contingency in the pocket park
cost estimate to allow the developer to contribute $10,000 towards a planting plan for the
riverbank. Once a planting plan is approved by the necessary agencies, the developer's
funds can be used as a match to other available funds for a complete habitat
enhancement planting effort in this vicinity.
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INFORMATIONAL MEMO
Page 4
Review of the Committee's recommendation by Rick Still, Parks and Recreation
Director:
Background on why the pocket park is a valid proposal:
a) A system of pocket parks in the Tukwila Urban Center (TUC) is vital to meeting the
recreation and social needs of the community because purchasing larger parcels in
this area is cost prohibitive at this time. The few parks currently located in TUC are
heavily used by patrons for spending time away from offices on breaks, gaining
access to the trail system, meeting people to gather and socialize, for exercise at or
to visit as a part of their exercise routine, for access while walking to the train, and to
enjoy nature while in an urban setting.
b) In 2006, staff met with a developer who introduced the concept of using the
Christensen Trail parking area as part of their development located between
Christensen Road and Andover Park East. Through discussions with this developer,
staff hired a landscape architect to initiate a site study and prepare a conceptual
design for a pocket park at the turnaround at the north end of Christensen Road.
This conceptual design was utilized with several developers throughout the past
seven years.
c) The Christensen Road pocket park provides an area on the north end of the TUC
where there currently is not a recreational opportunity for the community. The area is
easily accessed from local businesses and residential areas near City Hall. Hotel
development in this area increases the need for a park since many of the people
staying in hotels will be using the trail to access Starfire Sports at Fort Dent Park.
The park will help contribute to a more connected community and build a sense of
community pride.
Staff has looked at ways to accommodate tree planting along the Green River while
maintaining construction of the pocket park. Staff believes that with value engineering of
the pocket park the developer could reduce the construction cost to allow approximately
$10,000 for tree plantings along the Green River Trail at Christensen Road.
The Committee of the Whole has the following options:
1. Approve the development agreement as originally proposed to allow shared parking in
the right-of-way in exchange for building and maintaining a pocket park.
2. Approve the development agreement for the alternative proposed by the Community
Affairs and Parks Committee to allow shared parking in the right-of-way in exchange for
getting a monetary payment for the Green/Duwamish riverbank planting project.
3. Approve the development agreement as originally proposed with an amendment to
include $10,000 payment by the developer towards Green/Duwamish River
restoration/planting projects or to implement the goals and policies of the
Comprehensive Plan related to Urban Forestry.
FINANCIAL IMPACT
There is no financial impact to the City as all costs associated with the development and
maintenance of the pocket park and additional parking shall be borne by the developer. The
developer's cost estimate for the development of the pocket park and additional parking area is
$186,037. Also, the annual maintenance costs are anticipated to be $6000 per year and subject
to inflation over the term of the agreement. The land value of the right-of-area with the shared
parking is $427,575 ($25 per square foot for 17,103 square feet total area).
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INFORMATIONAL MEMO
Page 5
RECOMMENDATION
The Council is being asked to hold a public hearing on this item and select one of the options
listed above. Staff recommends approving the development agreement as originally proposed
with an amendment to include $10,000 payment by the developer for the Green/Duwamish
River restoration/planting project or to implement the goals and policies of the Comprehensive
Plan related to Urban Forestry. If the Council selects this option then Section 8 of the
Development Agreement will be revised to include a clause stating the developer shall be
responsible to make a payment of $10,000 for Green/Duwamish River restoration/planting
projects or to implement the goals and policies of the City's Comprehensive Plan related to
Urban Forestry. This payment shall be required prior to the issuance of the building permit for
the hotel. Also, Exhibit 3 shall be amended to reflect this payment.
Staff also recommends adding two items to the 2015 work plan:
a) Review current policies regarding non-public uses in the public right-of-way.
b) Review policies/projects for restoration/planting projects of the Green/Duwamish
riverbank and how the city will implement the goals and policies of City's Comprehensive
Plan relating to Urban Forestry.
ATTACHMENTS
Vicinity Map
Draft Ordinance
Development Agreement
Exhibit 1- Legal Description
Exhibit 2-Conceptual Site Plan
Exhibit 3-Conceptual Site Plan of the Pocket Park; list of park amenities with construction cost
estimates; and land value estimates.
Map showing the riverbank in the vicinity of the subject site
Minutes from Community Affairs and Parks Committee meeting Nov 12, 2014.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, APPROVING AND AUTHORIZING
THE DEVELOPMENT AGREEMENT WITH TUKWILA TSD,
LLC, FOR THE SHARED USE OF PARKING IN THE PUBLIC
RIGHT -OF -WAY OF CHRISTENSEN ROAD AND THE
DEVELOPMENT OF A PUBLIC POCKET PARK AT THE
NORTH END OF CHRISTENSEN ROAD, AS IT RELATES TO
THE PLANNED DEVELOPMENT OF A HOTEL LOCATED AT
90 ANDOVER PARK EAST; 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, Tukwila TSD, LLC, desires to build a new five -story hotel at 90
Andover Park East with over 90 guest rooms; and
WHEREAS, Tukwila TSD, LLC, proposes non - exclusive use of parking and drive
aisle area in the right -of -way of Christensen Road to meet the parking requirements for
the proposed hotel at 90 Andover Park East; and
WHEREAS, Tukwila TSD, LLC, also proposes to develop and maintain a pocket
park within the cul -de -sac area of Christensen Road; and
WHEREAS, the City of Tukwila and Tukwila TSD, LLC, wish to enter into a
Development Agreement for the shared use of parking in the public right -of -way of
Christensen Road and the development of a public pocket park at the north end of
Christensen Road, as it relates to the planned development of a hotel located at 90
Andover Park East, a copy of which is attached hereto as Exhibit A; and
WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a
public hearing was conducted on the 24th day of November 2014 to take public
testimony regarding this Development Agreement, as proposed; and
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WHEREAS, the City Council finds that the terms of this Development Agreement
are necessary to achieve public benefits, to respond to changing community needs and
to encourage modifications that adequately achieve the purposes of otherwise
applicable City standards;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Development Agreement. The Development Agreement by and
between the City of Tukwila and Tukwila TSD, LLC, for the use of shared parking in the
public right -of -way of Christensen Road and the development of a public pocket park at
the north end of Christensen Road, as it relates to the planned development of a hotel
located at 90 Andover Park East, a copy of which is attached hereto as Exhibit A, is
hereby approved, and the Mayor is authorized and directed to execute said
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:
Rachel Turpin, City Attorney
Exhibit A — Development Agreement
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Page 2 of 2
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF TUKWILA
AND TUKWILA TSD LLC, FOR THE SHARED USE OF PARKING IN THE RIGHT OF
WAY OF CHRISTENSEN ROAD AND THE
DEVELOPMENT OF A PUBLIC POCKET PARK AT THE NORTH END OF
CHRISTENSEN ROAD, AS IT RELATES TO THE PLANNED DEVELOPMENT OF A
HOTEL LOCATED AT 90 ANDOVER PARK EAST
I. PREAMBLE
THIS DEVELOPMENT AGREEMENT is made and entered into this ; day of
;, 2014, by and between the City of Tukwila, a noncharter, optional code
Washington municipal corporation, hereinafter the "City," and Tukwila TSD LLC, a (corporation,
limited partnership, partnership, etc.) organized under the laws of the State of Washington,
hereinafter the "Developer."
II. RECITALS
WHEREAS, the Developer desires to develop a new five -story hotel at 90 Andover Park East
with over 90 guest rooms; and
WHEREAS, one parking space per guest room is required for lodging uses in the Tukwila
Urban Center Transit Oriented Development District; and
WHEREAS, the Developer has submitted a site plan showing the required number of parking
stalls for the hotel cannot be accommodated as surface parking on the project site; and
WHEREAS, the Developer proposes non - exclusive use of parking and drive aisle area in the
right -of -way of Christensen Rd. to meet the parking requirements for the proposed hotel at 90
Andover Park East; and
WHEREAS, the City of Tukwila is the owner of the Christensen Rd. right -of -way, which
includes undeveloped area adjacent to the project's eastern property line, paved street, parking, and
cul -de -sac areas; and
WHEREAS, the parking area in the right -of -way of Christensen Rd. is currently used by
members of the public for access to the Green River Trail, shoreline, and parks areas; and
WHEREAS, hotel parking spaces are expected to be used primarily in the evening and
nighttime hours; parking spaces for trail, shoreline, and parks access are expected to be used during
daylight hours; and
WHEREAS, the Developer proposes to develop and maintain a public pocket park within the
cul -de -sac area as outlined in Exhibit B in exchange for use of the other right -of -way areas on the
east side of the project site for parking; and
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WHEREAS, the Developer proposes to add parking spaces within the undeveloped right -of-
way area adjacent to the hotel site and to reconfigure existing spaces to increase the number of
parking spaces that would be shared for hotel use and the public for access to the Green River Trail;
and
WHEREAS, all parking spaces within the right -of -way area will be shared and at least four
spaces will be designated for non -hotel users to ensure access to the Green River Trail for members
of the public; and
WHEREAS, the Developer proposes to maintain the parking area within the right -of -way as
outlined in Exhibit B for the length of this agreement; and
WHEREAS, the vision for parking areas within the Transit Oriented Development (TOD)
Neighborhood in the Southcenter Subarea Plan is that "parking will be accommodated by a
combination of off- and on- street parking spaces /lots" and shared parking facilities. "Such facilities
can be shared between public and private uses" (p. 19); and
WHEREAS, the Southcenter Element of Tukwila's Comprehensive Plan includes policy
12.2.1 to "Recognize, protect and enhance the open space network by augmenting existing parks,
enhancing access to passive and active recreation areas such as Tukwila Pond, Minkler Pond and the
Green River.... "; and
WHEREAS, the Developer proposes to construct a pedestrian connection between the
intersection of Andover Park East and Tukwila Parkway to the pocket park and Green River Trail;
and
WHEREAS, implementation strategies for policy 10.2.1 of the Tukwila Comprehensive Plan
include "Look for opportunities for pocket park development" and "Seek opportunities for
public /private partnerships; and
WHEREAS, a through -way from Andover Park East to Christensen Rd will be constructed as
part of the project to replace the emergency vehicle maneuvering function of the cul -de -sac; and
WHEREAS, the pocket park will be a City of Tukwila park that will provide mutual benefits
to hotel guests and the public; and
WHEREAS, uses that provide public access and public recreation are prioritized in the Urban
Conservancy Environment in the Shoreline Element of the Tukwila Comprehensive Plan and the
proposed development furthers this goal; and
WHEREAS, the Washington State Legislature has authorized the execution of a development
agreement between a local . government and a person having ownership or control of real property
within its jurisdiction (RCW 36.70B.170(1)); and
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WHEREAS, a development agreement must set forth the development standards and other
provisions that shall apply to, govern and vest the development, use and mitigation of the
development of the real property for the duration specified in the agreement (RCW 36.70B.170(1));
and
WHEREAS, for the purposes of this development agreement, "development standards"
includes, but is not limited to, all of the standards listed in RCW 36.70B.170(3); and
WHEREAS, a development agreement must be consistent with the applicable development
regulations adopted by a local government planning under chapter 36.70A RCW (RCW
36.70B.170(1)); and
WHEREAS, TMC Section 18.86.030 explicitly allows for flexibility in development
standards applicable to a property developed under a development agreement "to achieve public
benefits, respond to changing community needs, or encourage modifications which provide the
functional equivalent or adequately achieve the purposes of otherwise applicable City standards "; and
WHEREAS, this Development Agreement by and between the City of Tukwila and the
Developer (hereinafter the "Development Agreement "), relates to the development known as the 90
Andover Park East Hotel and Pocket Park, which is located at: 90 Andover Park East (hereinafter the
"Subject Property "); and
WHEREAS, a development agreement must be approved by ordinance or resolution after a
public hearing (RCW 36.70B.200); and
WHEREAS, a public hearing for this Development Agreement was held on , and
the City council approved this Development Agreement by Ordinance on ; and
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties
hereto agree as follows:
III. AGREEMENT
Section 1. The Project. The Project is the development and use of the Subject Property,
consisting of 0.39 acres (approximately17,000 square feet) in the City of Tukwila located at 90
Andover Park East and a portion of Christensen Road right -of -way for a ninety -two (92) room five
(5) story hotel, a Pocket Park, and forty -five (45) shared parking spaces on Christensen Road right -
of -way, as shown on Exhibit B.
Section 2. The Subject Property. The Subject Property and right -of -way are legally
described in Exhibit A, attached hereto and incorporated herein by this reference.
3
15
Section 3. Definitions. As used in this Development Agreement, the following terms,
phrases and words shall have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves this Development
Agreement, as required by RCW 36.70B.200.
b) "Council" means the duly elected legislative body governing the City of Tukwila.
c) "Design Guidelines" means the Tukwila Design Manual, as adopted by the City.
d) "Director" means the City's Community Development Director.
e) "Effective Date" means the effective date of the Adopting Ordinance.
f) "Existing Land Use Regulations" means the ordinances adopted by the City Council of
Tukwila in effect on the Effective Date, including the adopting ordinances that govern the permitted
uses of land, the density and intensity of use, and the design, improvement, construction standards
and specifications applicable to the development of the Subject Property, including, but not limited to
the Comprehensive Plan, the City's Official Zoning Map and development standards, the Design
Manual, the Public Works Standards, SEPA, Concurrency Ordinance, and all other ordinances,
codes, rules and regulations of the City establishing subdivision standards, park regulations, building
standards. "Existing Land Use Regulation" does not include non -land use regulations, which
includes taxes and impact fees.
g) "Landowner" is the party who has acquired any portion of the Subject Property from the
Developer who, unless otherwise released as provided in this Agreement, shall be subject to the
applicable provisions of this Agreement. The "Developer" is identified in Section 5 of this
Agreement.
h) "Project" means the anticipated development of the Subject Property, as specified in
Section 1 and as provided for in all associated permits /approvals, and all incorporated exhibits.
i) "Vesting date" means the date a valid and fully complete building permit application for
the hotel is submitted to the City of Tukwila.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit 1 - legal description of the Subject Property and the right -of -way.
b) Exhibit 2 - Conceptual Site Plan
c) Exhibit 3 - Conceptual Site Plan of the Pocket Park including a list of park amenities;
construction and maintenance cost estimates for the Pocket Park and parking area; and
land value estimate for the parking and drive -aisle area of Christensen Road right -of -way.
4
16
Section 5. Parties to Development Agreement. The parties to this Agreement are:
a) The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188.
b) The "Developer" or Owner is a private enterprise which owns the Subject Property in fee,
and whose principal office is located at 21109 66th Avenue South, Kent, WA 98032.
c) The "Landowner." From time to time, as provided in this Agreement, the Developer may
sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless
otherwise released, shall be subject to the applicable provisions of this Agreement related to such
portion of the Subject Property.
Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project
is a private development and that the City has no interest therein except as explicitly outlined in this
Agreement and as authorized in the exercise of its governmental functions.
Section 7. Effective Date and Term. This Agreement shall commence upon the effective
date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of
50 years, with the option to extend the Agreement an additional 30 years, unless extended or
terminated as provided herein. Following the expiration of the term or extension thereof, or if sooner
terminated, this Agreement shall have no force and effect, subject however, to post- termination
obligations of the Developer or Landowner.
Section 8. Terms.
A. Design
• The Project at 90 Andover Park East shall be allowed non - exclusive use rights for the parking
spaces and drive aisle area of Christensen Rd (as depicted in Exhibit B) to meet minimum
parking requirements for the development. This Agreement shall not preclude the City from
entering into additional agreements regarding use of this area by other private parties. The
Project will be subject to the development regulations in effect at the time of complete permit
application submittals.
• The site plan attached as Exhibit B is included with this Agreement for reference only, and
has not yet been approved as of the date of execution of this Agreement. The site plan shall
be subject to modifications during review of the required land use permits.
• As a result of the cul -de -sac closure for use as the pocket park, public access through 90
Andover Park East is hereby allowed and provided for.
• The Developer shall construct a pedestrian connection between the intersection of Andover
Park East and Tukwila Parkway to the proposed pocket park and the Green River Trail.
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• All shared parking stalls will be constructed and maintained to Public Works Infrastructure
Design and Construction Standards.
• The detailed park design meeting the requirements for approval shall be approved by the
Director of the City of Tukwila Parks and Recreation Department as part of the building
permit approval process. The Conceptual Plan (Exhibit C) shall be revised to address the
following items:
a) Specific locations of the trash receptacles and the three outdoor exercise pieces shall be
noted.
b) A short pathway connecting the trails /walkways shall be included.
c) Specifications and details of the monument wall and the outdoor exercise equipment shall
be preapproved by the Parks Department.
B. Construction
• The cost of permits and plans required for construction of the park and parking area shall be
borne by the Developer and submitted as part of the permits for the hotel. The pocket park
must receive final approval by all required City departments prior to issuance of the
Certificate of Occupancy for the hotel.
• The Developer is responsible to provide any electrical service that may be necessary for the
pocket park.
C. Maintenance
• The pocket park and the parking area shall be subject to inspections every five years.
• Developer is solely responsible for the cost and maintenance of the pocket park and the
parking spaces. New striping of the parking spaces shall be completed every three years.
• A detailed maintenance plan for the pocket park must be submitted and preapproved by the
Parks and Recreation Department before acceptance.
D. Operations
• A total of 92 parking spaces are required for the 92 -room hotel as proposed. The site plan in
Exhibit B includes 98 parking spaces. All parking spaces within the right -of -way of
Christensen Road shall be for the joint use of the hotel users and members of the public and at
least four spaces shall be designated for non -hotel users to ensure access to the Green River
Trail for members of the public.
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Section 9. Vested Rights. During the term of this Agreement, unless sooner terminated in
accordance with the terms hereof, in developing the Subject Property consistent with the Project
described herein, Developer is assured, and the City agrees, that the development rights, obligations,
terms and conditions specified in this Agreement, are fully vested in the Developer and may not be
changed or modified by the City, except as may be expressly permitted by, and in accordance with,
the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented
thereto by the Developer.
Section 10. Minor Modifications. Minor modifications from the approved permits or the
exhibits attached hereto may be approved in accordance with the provisions of the City's code, and
shall not require an amendment to this Agreement.
Section 11. Further Discretionary Actions. Developer acknowledges that the Existing
Land Use Regulations contemplate the exercise of further discretionary powers by the City. These
powers include, but are not limited to, review of additional permit applications under SEPA. Nothing
in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally
required public hearings, or to limit the discretion of the City and any of its officers or officials in
complying with or applying Existing Land Use Regulations.
Section 12. Existing Land Use Fees and Impact Fees.
A. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement
may be increased by the City from time to time, and are applicable to permits and approvals for the
Subject Property, as long as such fees apply to similar applications and projects in the City.
B. All impact fees shall be paid as set forth in the approved permit or approval, or as
addressed in Chapters 16.26 and 9.48 of the Tukwila Municipal Code.
IV. GENERAL PROVISIONS
Section 1. Assignment of Interests, Rights, and Obligations. This Agreement shall be
binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement
without the written consent of the other Party, which consent shall not unreasonably be withheld.
This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and
assigns of the Developer and the City.
Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the
Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set
forth herein.
Section 3. Severabilit_y. The provisions of this Agreement are separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the
application thereof to any person or circumstance, shall not affect the validity of the remainder of this
Agreement, or the validity of its application to other persons or circumstances.
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19
Section 4. Termination. This Agreement shall expire and/or terminate as provided below:
A. This Agreement shall expire and be of no further force and effect if the Developer fails to
submit a complete building permit application for the construction of the hotel within one year, or if
the Project construction is not completed within three years, of the effective date of this Agreement;
or if at any time after Project construction is completed, Developer fails to maintain the Pocket Park
and the parking areas according to the terms of this Agreement. Nothing in this Agreement shall
extend the expiration date of any permit or approval issued by the City for any development.
B. This Agreement shall expire and be of no further force and effect if the Developer does
not construct the Project as contemplated by the permits and approvals identified in this Agreement,
or submits applications for development of the Subject Property that are inconsistent with such
permits and approvals.
C. This Agreement shall terminate at such time as a change of use occurs at 90 Andover Park
East, or at such time as 90 Andover Park East is redeveloped.
D. This Agreement shall terminate in the event the Washington State Department of
Transportation (WSDOT) widens Interstate 405 in vicinity of the Subject Property, or should any
other project or condition arise that requires reconfiguration of Tukwila Parkway, the Project parking
area, and/or the Pocket Park.
E. This Agreement shall terminate upon the abandonment of the Project by the Developer.
The Developer shall be deemed to have abandoned the Project if /when written notice is provided to
the City that the Developer's interest in the Project has been terminated. Said notice shall be given to
the City no more than thirty (30) days after the Developer's interest in the Project is terminated.
F. This Agreement may terminate pursuant to Section IV.3, Severability, or Section IV.10,
Default, or as otherwise outlined in this Agreement.
G. If the use will continue upon expiration of the term of this Agreement, the Developer shall
either negotiate a new agreement with the City or provide documentation showing how the number of
parking spaces required by the codes at the time of expiration will be provided.
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20
Section 5. Effect upon Termination on Developer Obligations. Termination of this
Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of
the Developer's obligations to comply with the City Comprehensive Plan and the terms and
conditions or any applicable zoning code(s) or subdivision map or other land use entitlements
approved with respect to the Subject Property, any other conditions of any other development
specified in the Agreement to continue after the termination of this Agreement or obligations to pay
assessments, liens, fees or taxes.
Section 6. Effects upon Termination on City. Upon any termination of this Agreement as
to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of
development, limitations on fees and all other terms and conditions of this Agreement shall no longer
be vested hereby with respect to the property affected by such termination (provided that vesting of
such entitlements, conditions or fees may then be established for such property pursuant to then
existing planning and zoning laws).
Section 7. Specific Performance. The parties specifically agree that damages are not an
adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific
performance of all material terms of this Agreement by any party in default hereof.
Section 8. Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of Washington. Venue for any action shall lie in King County
Superior Court or the U.S. District Court for Western Washington.
Section 9. Attorneys' Fees. In the event of any litigation or dispute resolution process
between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to
any award of attorneys' fees.
Section 10. Notice of Default/Opportunity to Cure/Dispute Resolution.
A. In the event a Party, acting in good faith, believes the other Party has violated the terms of this
Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged
violation by sending a detailed written statement of the alleged breach. The alleged offending Party
shall have thirty (30) days from receipt of written notice in which to cure the alleged breach unless
the Parties agree, in writing, to additional time. This notice requirement is intended to facilitate a
resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of
an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any
dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be
filed until the latter of (a) the end of the cure period or (b) the conclusion of any dispute resolution
process.
B. After notice and expiration of the thirty (30) day period or other time period as agreed to by the
Parties, if such default has not been cured or is not being diligently cured in the manner set forth in
the notice, the other party or Landowner to this Agreement may, at its option, institute legal
proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce
the City's Codes, and to obtain penalties and costs as provided in the Tukwila Municipal Code for
violations of this Development Agreement and the Code.
9
21
Section 11. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties
hereto only and is not intended to benefit any other person or entity, and no person or entity not a
signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under
this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and
provisions of this Agreement.
Section 12. Integration. This Agreement and its exhibits represent the entire agreement of
the parties with respect to the subject matter hereof. There are not other agreements, oral or written,
except as expressly set forth herein.
Section 13. Authority. The Parties each represent and warrant that they have full power and
actual authority to enter into this Agreement and to carry out all actions required of them by this
Agreement. All persons are executing this Agreement in their representative capacities and represent
and warrant that they have full power and authority to bind their respective organizations.
Section 14. Covenants Running with the Land. The conditions and covenants set forth in
this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and
burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every
purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be
obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary
thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof,
sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully
perform all of the duties and obligations of a Developer contained in this Agreement, as such duties
and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it.
Section 15. Amendment to Agreement; Effect of Agreement on Future Actions. This
Agreement may be amended by mutual consent of all of the parties, provided that any such
amendment shall follow the process established by law for the adoption of a development agreement
(see, RCW 36.70B.200). However, nothing in this Agreement shall prevent the City Council from
making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or
development regulations affecting the Subject Property as the City Council may deem necessary to
the extent required by a serious threat to public health and safety. Nothing in this Development
Agreement shall prevent the City Council from making any amendments of any type to the
Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations relating to the
Subject Property.
Section 16. Releases. Developer, and any subsequent Landowner, may free itself from
further obligations relating to the sold, assigned, or transferred property, provided that the buyer,
assignee or transferee expressly assumes the obligations under this Agreement as provided herein.
10
22
Section 17. Notices. Notices, demands, correspondence to the City and Developer shall be
sufficiently given if dispatched by pre -paid first -class mail to the addresses of the parties as
designated in Section 5. Notice to the City shall be to the attention of both the Mayor's Office and
the City Attorney. Notices to subsequent Landowners shall be required to be given by the City only
for those Landowners who have given the City written notice of their address for such notice. The
parties hereto may, from time to time, advise the other of new addresses for such notices, demands or
correspondence.
Section 18. Reimbursement for Agreement Expenses of the City. Developer agrees to
reimburse the City for actual expenses incurred over and above fees paid by Developer as an
applicant incurred by City directly relating to this Agreement, including recording fees, publishing
fees and reasonable staff and consultant costs not otherwise included within application fees. This
Agreement shall not take effect until the fees provided for in this section, as well as any processing
fees owed to the City for the Project, are paid to the City. This Agreement shall be terminated if the
Developer does not pay to the City the fees provided for in this section. Upon payment of all
expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees
shall be paid, at the latest, within thirty (30) days from the City's presentation of a written statement
of charges to the Developer
Section 19. Police Power. Nothing in this Agreement shall be construed to diminish, restrict
or limit the police powers of the City granted by the Washington State Constitution or by general law.
Section 20. Third Party Legal Challenge. In the event any legal action or special
proceeding is commenced by any person or entity other than a party or a Landowner to challenge this
Agreement or any provision herein, the City and Developer will collaborate to resolve such legal
action. In the event such legal action cannot be resolved, the City may elect to tender the defense of
such lawsuit or individual claims in the lawsuit to Developer and/or Landowner(s). In such event,
Developer and /or such Landowners shall hold the City harmless from and defend the City from all
costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit,
including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the
prevailing party or parties in such litigation. Neither the City nor the Developer and/or Landowner
shall settle any lawsuit without the consent of the other. The City and Developer /Landowner shall act
in good faith and shall not unreasonably withhold consent to settle.
Section 21. No Presumption Against Drafter. This Agreement has been reviewed and
revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed
against the party drafting the document shall apply to the interpretation or enforcement of this
Agreement.
Section 22. 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.
Section 23. Recording. Developer shall record an executed copy of this Agreement with the
King County Auditor, pursuant to RCW 36 :70B.190, no later than fourteen (14) days after the
Effective Date.
11
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Section 24. Legal Representation. In entering into this Agreement, Developer represents
that it has been advised to seek legal advice and counsel from its attorney concerning the legal
consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the
contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily
accepts the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be
executed as of the dates set forth below:
OWNER/DEVELOPER: CITY OF TUKWILA
By By
Its Managing Member Its Mayor
Tukwila TSD LLC
21109 66th Avenue South
Kent, WA 98032 ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF
On this day of , 2014, before me personally
appeared , to me known to be the individual that
executed the within and foregoing instrument, and acknowledged the said instrument to be his/her
free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that
he/she is authorized to execute said instrument.
12
24
Print name:
NOTARY PUBLIC in and for the State of
Washington
Residing at
Commission expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF
On this day of , 2014, before me personally
appeared , and said person acknowledged that he/she
signed this instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged as the of the City of Tukwila to be the free and voluntary
act of said party for the uses and purposes mentioned in this instrument.
Print name:
NOTARY PUBLIC in and for the State of
Washington
Residing at
Commission expires:
13
25
26
EXHIBIT 1
NOVEMBER 18, 2014
PROJECT NO. 06007
EXHIBIT 1 -A
LEGAL DESCRIPTION OF PROPERTY
TRACT 4, ANDOVER INDUSTRIAL PARK NO. 1, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 66 OF PLATS, PAGE 36, RECORDS OF KING
COUNTY, WASHINGTON;
EXCEPT THE SOUTH 28 FEET THEREOF; AND
EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR
COURT CAUSE NO. 592245, ACCORDING TO DECREE FILED JANUARY 14,
1963.
27
EXHIBIT 1 -B
LEGAL DESCRIPTION
PARKING EASEMENT
NOVEMBER 18, 2014
PROJECT NO. 06007
AN EASEMENT FOR VEHICULAR PARKING PURPOSES OVER, ACROSS AND UPON
THE RIGHT -OF -WAY OF CHRISTENSEN ROAD, BEING LOCATED IN THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. SAID EASEMENT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ANDOVER PARK
EAST WITH THE CENTERLINE OF TUKWILA PARKWAY AS MARKED BY A CONCRETE
MONUMENT;
THENCE NORTH 84 °44'00" EAST ALONG THE CENTERLINE OF TUKWILA PARKWAY
231.72 FEET;
THENCE SOUTH 05 °16'00" EAST 40.00 FEET TO THE POINT OF INTERSECTION OF
THE SOUTH MARGIN OF TUKWILA PARKWAY WITH THE WEST MARGIN OF
CHRISTENSEN ROAD;
THENCE SOUTHERLY ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT,
HAVING A RADIUS OF 437.50 FEET, A CENTRAL ANGLE OF 00 °13'45 ", THE CENTER
OF WHICH BEARS SOUTH 80 °38'25" WEST, AN ARC DISTANCE OF 1.75 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE EASTERLY ON A CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET, A
CENTRAL ANGLE OF 28 °38'13" EAST, THE CENTER OF WHICH BEARS
NORTH 23 °22'13" EAST, AN ARC DISTANCE OF 17.49 FEET TO A POINT OF
TANGENCY;
THENCE NORTH 84 °44'00" EAST 46.59 FEET TO THE BEGINNING OF A
NON- TANGENT CURVE TO THE LEFT;
THENCE SOUTHERLY AND EASTERLY ON A CURVE TO THE LEFT, HAVING A RADIUS
OF 16.94 FEET, A CENTRAL ANGLE OF 73 °30'10 ", THE CENTER OF WHICH BEARS
NORTH 87 °22'15" EAST, AN ARC DISTANCE OF 21.74 FEET TO A POINT OF
REVERSE CURVATURE;
THENCE EASTERLY AND SOUTHERLY ON A CURVE TO THE RIGHT, HAVING A
RADIUS OF 2.50 FEET, A CENTRAL ANGLE OF 72 °45'37 ", THE CENTER OF WHICH
BEARS SOUTH 13 °52'05" WEST, AN ARC DISTANCE OF 3.17 FEET TO A POINT OF
COMPOUND CURVATURE;
THENCE SOUTHERLY ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 1547.72
FEET, A CENTRAL ANGLE OF 09 °37'47, THE CENTER OF WHICH BEARS
SOUTH 86 °37'42" WEST, AN ARC DISTANCE OF 260.13 FEET;
THENCE NORTH 84 °06'43" WEST 43.00 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE LEFT;
PAGE 1
28
(PARKING EASEMENT CONTINUED)
THENCE NORTHERLY ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1504.72
FEET, A CENTRAL ANGLE OF 01 °05'52 ", THE CENTER OF WHICH BEARS
NORTH 83 °43'52" WEST, AN ARC DISTANCE OF 28.83 FEET TO A POINT OF
COMPOUND CURVATURE;
THENCE NORTHERLY AND WESTERLY ON A CURVE TO THE LEFT, HAVING A
RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 93 °47'54, THE CENTER OF WHICH
BEARS NORTH 84 °49'45" WEST, AN ARC DISTANCE OF 40.93 FEET TO THE WEST
MARGIN OF CHRISTENSEN ROAD;
THENCE NORTH 00 °45'11" WEST ALONG SAID WEST MARGIN 152.13 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT;
THENCE CONTINUING NORTH ALONG SAID WEST MARGIN ON A CURVE TO THE
LEFT, HAVING A RADIUS OF 437.50 FEET, A CENTRAL ANGLE OF 08 °22'39 ", THE
CENTER OF WHICH BEARS SOUTH 89 °14'49" WEST, AN ARC DISTANCE OF 63.97
FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PAGE 2
29
30'
ANDOVER PARK EAST
N 0012'09" W
EXHIBIT 1 -C
VEHICULAR PARKING EASEMENT AREA
267.49'
N 84'44'00'_ E .__ _- ---- --
231.72' o
TUKWILA PARKWAY 0 c'
O r"
N 84'44'00„ E ► ;
R =50.00'
A= 84'56'09"
L= 74.12'
R= 437.50'
L1= 08'36'24"
L= 65.72'
1 " =50'
NOV. 2014
PROJECT NO. 06007
PAGE 1 OF 2
40'
11M HANSON AND ASSOCIATES
8255 CULTUS BAY ROAD
CLINTON, WA 98236
425.822.7271
30
EXHIBIT 1 -C CONT'D.
VEHICULAR PARKING EASEMENT AREA
CURVE TABLE
231.72' —_�
� 1
Q+ p0
C1 C2 L1 , \�
I
` 1
BEARING
0'38'25" W
23'22'13" E
87'22'15" E
3'52'05" W
6'37'42" W
3'43'52" W
4'49'45" W
89'14'49" W w I
(
i
\
I
1 f
10i I
1
L__k2_J
TPOB
CURVE
DELTA
LENGTH
RADIUS
RADIAL
C1
0'13'45"
1.75'
437.50'
S 8
C2
28'38'13"
17.49'
35.00'
N
C3
73'30'10"
21.74'
16.94'
N
C4
72'45'37"
3.17'
2.50'
S 1
C5
9'37'47"
260.13'
1547.72'
S 8
C6
1'05'52"
28.83'
1504.72'
N 8
C7
93'47'54"
40.93'
25.00'
N 8
C8
8'22'39"
63.97'
437.50'
S
LINE TABLE
NUM
BEARING
DISTANCE
L1
N 84'44'00" E
46.59'
L2
N 84'06'43" W
43.00'
L3
N 00'45'11" W
152.13'
NOV. 2014
PROJECT NO. 06007
= 50'
18903 p
1 1. Li*
PAGE 2 OF 2
\n
on
U
11M HANSON AND ASSOCIATES
8255 CULTUS BAY ROAD
CUNTON, WA 98236
425.822.7271
31
EXHIBIT 1 -D
LEGAL DESCRIPTION
POCKET PARK EASEMENT
NOVEMBER 18, 2014
PROJECT NO. 06007
AN EASEMENT FOR POCKET PARK PURPOSES OVER, ACROSS AND UPON THE
RIGHTS -OF -WAY OF TUKWILA PARKWAY AND CHRISTENSEN ROAD, BEING
LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ANDOVER PARK
EAST WITH THE CENTERLINE OF TUKWILA PARKWAY AS MARKED BY A CONCRETE
MONUMENT;
THENCE NORTH 84 °44'00" EAST ALONG THE CENTERLINE OF TUKWILA PARKWAY
220.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTHERLY AND EASTERLY ALONG A NON - TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 31.28 FEET, A CENTRAL ANGLE OF 150 °25'43 ", THE
CENTER OF WHICH BEARS SOUTH 78 °05'28" EAST, AND ARC DISTANCE OF 82.13
FEET;
THENCE SOUTH 72 °17'22" WEST 1.33 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE TO THE RIGHT;
THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 29.95
FEET, A CENTRAL ANGLE OF 30 °02'29 ", THE CENTER OF WHICH BEARS
SOUTH 72 °20'22" WEST, AN ARC DISTANCE OF 15.70 FEET TO THE BEGINNING OF
A NON - TANGENT CURVE TO THE RIGHT;
THENCE EASTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 23.34
FEET, A CENTRAL ANGLE OF 45 °26'42 ", THE CENTER OF WHICH BEARS
SOUTH 03 °19'48" EAST, AN ARC DISTANCE OF 18.51 FEET;
THENCE SOUTH 04 °19'51" EAST 15.19 FEET;
THENCE SOUTH 84 °44'00" WEST 40.26 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE RIGHT;
THENCE NORTHERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 23.34
FEET, A CENTRAL ANGLE OF 05 °24'04 ", THE CENTER OF WHICH BEARS
NORTH 86 °14'34" EAST, AN ARC DISTANCE OF 2.20 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE RIGHT;
THENCE WESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 29.95
FEET, A CENTRAL ANGLE OF 30 °34'57 ", THE CENTER OF WHICH BEARS
NORTH 14 °04'01" WEST, AN ARC DISTANCE OF 15.99 FEET;
THENCE SOUTH 16 °30'56" WEST 1.33 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE RIGHT;
PAGE 1
32
(POCKET PARK EASEMENT CONTINUED)
THENCE WESTERLY AND NORTHERLY ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 31.28 FEET, A CENTRAL ANGLE OF 85 °23'35 ", THE CENTER OF WHICH
BEARS NORTH 16 °30'56" EAST, AN ARC DISTANCE OF 46.62 FEET TO THE TRUE
POINT OF BEGINNING.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PAGE 2
33
30'
ANDOVER PARK EAST
R
rn
0
CV
r
0
0
z
30'
EXHIBIT 1 -E
POCKET PARK EASEMENT AREA '/
267.49' ___-___ > - ---4-
N 84'44100"..E _— - - - -- 220.02
TUKWILA PARKWAY
N 0012'09" W
0
R= 50.00'
A= 84'56'09"
L=74.12'
N 84'44'00" E
159.38'
T.L. NO. 022300- 0040 -03
211.59'
R= 437.50'
La= 08'36'24"
L= 65.72'
M
cci
N
1 " =50'
NOV. 2014
PROJECT NO. 06007
N 89'47'51" E
111,,,,mm\ \ \\\ mm.x /40;46////// //!will
PAGE 1 OF 2
l�
N 00'45'11" W
40'
CHRISTENSEN ROAD
40'
I
121:1.
0
0
z
11M HANSON AND ASSOCIATES
8255 CULTUS BAY ROAD
CUNTON, WA 98236
425.822.7271
34
EXHIBIT 1 -E -- CONTD.
POCKET PARK EASEMENT AREA
■
/ / \
TPOB1 / ;
...\\1.>
220.02
1 " =20'
NOV. 2014
PROJECT NO. 06007
n1
I L__
1
\ 1
r
\\ 1"
‘'''''... -...I.1- C5 0 \ _1
i
CURVE TABLE
CURVE
DELTA
LENGTH
RADIUS
RADIAL BEARING
C1
150'25'43"
82.13'
31.28'
S 78'05'28" E
C2
30'02'29"
15.70'
29.95'
S 72'20'22" W
C3
45'26'42"
18.51'
23.34'
S 0319'48" E
C4
05'24'04"
2.20'
23.34'
N 8614'34" E
C5
30'34'57"
15.99'
29.95'
N 14'04'01" W
C6
85'23'35"
46.62'
31.28'
N 16'30'56" E
PAGE 2 OF 2
LINE TABLE
NUM
BEARING
DISTANCE
L1
S 72'17'22" W
1.33'
L2
S 0419'51" E
15.19'
L3
S 84'44'00" W
40.26'
L4
S 16'30'56" W
1.33'
TIM HANSON AND ASSOCIATES
8255 CULTUS BAY ROAD
CLINTON, WA 98236
425.822.7271
35
36
ANDOVER PARK EAST
TY LINE
TUKWILA PARS
1cr-T
EXHIBIT 2
W OF SI E
AR INI, S'AC S
PATIO
HOTEL
5-STORY
59,170 SQ. FT
92 UNITS
ligt
53 ONSITE PARKING SPACES
45
OFF:SITE PAR NG
C
C LANDSCAPING
SITE PLAN
I" = 50 -0"
CICICIC
CICICIC
RE- STRIPE EXISTING FOR INCREASED PARKING SPACES FROM 24 SPACES TO 27
N HOLIDAY 1 N EXPRESS
TULWILA, A
TUKWILA SD L.L.C.
Dale ,Sweeney
ARCHITECT
10/31/14
5715 143rd Place S.E.
Bellevue, WA 98006
425- 260 -8969
37
38
EXHIBIT 3
PROPOSED POCKET PARK — CHRISTENSEN ROAD
Development of the park and parking area will include the installation of:
• New graded area for the park
• A circular seating wall
• Bike rack
• Picnic tables
• Waste receptacle
• Pathways
• Three life trail stations (along the adjacent trail)
• Evergreen trees to provide screening between the 65th Avenue S bridge, Tukwila Parkway, and
the park
• Flowering trees
• Restriping 27 parking spaces along the east side of Christensen Road
• Striping four spaces at the north end of Christensen Road
• New pavement and striping for the development of 14 new spaces along the west side of
Christensen Road and four spaces at the north end.
• Maintaining the parking area, landscaping, irrigation, and waste disposal for the public pocket
park (Includes restriping spaces every three years).
• Allowing public access to the hotel site as required for park access and egress
• Planned access for emergency vehicles
• The pocket park will be included within the open space requirements of the City Municipal Code
and Christensen Road and the parking spaces will comply with all relevant codes as well as the
American with Disabilities Act (ADA).
39
40
er2M07,11./ ,
,v1,0,004,
m ,
SEPT. 2, 2014
41
42
Schematic Cost Estimate
ITEM
PROPOSED TUKWILA POCKET PARK & PARKING - COST SUMMARY
Date: September 4, 2014
QTY. COST TOTAL REMARKS
New Concrete Paving Area
New Asphalt Paving Area
Landscape Area
Hands cape Improvements
Demolition ($ /c.y.)
Concrete Walks & Paving ($ /s.f.)
Asphalt Paving ($ /s.f.)
Seatwall ($ /f.s.f.)
Picnic Tables (S /ea.)
Bike Rack ($ /fs.f.)
Trash Receptacles
Life Stations ($ /f.s.f.)
Subtotal
Landscape Improvements
Bed Prep. & Fine Grading
Soil Prep
Evergreen Trees
Deciduous Trees
Lawn, Plantings, and Irrigation
Subtotal
3,400
700
9,875
2,706 $1.95
3,400 $6.50
700 $3.00
165 $200
3 $2,200
1 $650
1 $750
3 $3,500
9,875 $0.10
89 $35.00
7 $250.00
6 $400.00
9,875 $4.00
Contingency 10%
Note: Estimate does not include grading, drainage, or parking
Civil Engineering & New Parking Spaces - Right -of -Way
Landscape & Architectural Fees
Annual Maintenance
Total
$5,277 Sawcut & demo. Existing roadway & curbing
22,100 4" rein. Conc. w /scoring and broom finish
2,100
33,000 18" height, c.i.p.concrete wall & raised planter
6,600 6' length
650
750
10,500
$80,977
$988 All lawn & planting areas
3,111 3" depth - all lawn & planting areas
1,750 6' Min. Ht.
2,400 2" Cal., 12' Min. Ht.
39,500
$47,748
$12,872
$25,000
$13,440
$6,000 (Annual fee subject to inflation over term of agreement)
$186,037
Sources:
Jeffrey B. Glander & Associates (Landscape Architecture & Site Planning)
Civil Engineer
Tri- States Development. LLC.
Dale Sweeney, Architect
43
Land Value estimate for parking and drive aisle area of Christensen Road
Approximate land area including right -of -way (s.f.)
Developer's contracted land cost per square foot
Land acquisition cost (If 100% use)
Proposed pocket park & parking cost estimate
Pocket park & parking as percentage of total cost
17,103
$25.00
$427,575
$186,037
43.5%
* Ongoing maintenance and striping costs after initial year go on indefinitely
44
Potential Shoreline Restoration Area
rr
' Shoreline restoration area =
73,800 square feet (1.69 acres
45
46
Community Affairs & Parks Committee Minutes November 12, 2014 - Pape 2
C. Ordinance: Development Agreement for Proposed Hotel at 90 Andover Park East
Staff is seeking Council approval of an ordinance to approve a development agreement with
Tukwila TSD, LLC for the use of parking in a public right -of -way in exchange for the construction
of a public pocket park. Tukwila TSD LLC proposes to build a new five -story hotel at 90 Andover
Park East with approximately 90 guest rooms. A site plan demonstrates that the 90 required
parking stalls cannot be accommodated, so the developer proposes a shared parking and drive
aisle area in the right -of -way of Christenson Road in exchange for developing a public pocket
park in the cul -de -sac area nearby. The proposed pocket park will be built and maintained by
the developer who will also provide public access through the property and construct a
pedestrian connection to the park and the trail. The initial term of the agreement is for 50 years
with an option to extend for an additional 30. The agreement includes several termination
clauses that protect the City in the event of failure to obtain permits or complete construction,
failure to maintain the park and /or parking areas, property redevelopment or use change, and
WSDOT actions to widen 1 -405.
Councilmember Robertson noted that the proposed pocket park is in an isolated area that is
already close to an existing natural amenity - the river and trail. He proposed an alternative that
would allocate the funds specified in the development agreement for the pocket park to go
toward a tree planting project in the area of the river bank across Christensen Road. Tables
and benches could be added as well. Planting trees is a key component of regional efforts to
restore aquatic ecosystems and salmon habitat in the Green - Duwamish watershed. In this
proposal, the developer would provide the money and the City could assume responsibility for
the project, either alone or in concert with a group already doing this kind of restoration work.
Committee members and staff discussed the original and the alternative proposals. The
Committee agreed they do not want to delay the agreement or add costs for the developer.
They support the alternative if those conditions are met, and if they are not, they will support the
original pocket park. Staff suggested that if there is majority Council direction, then staff could
further review the alternative proposed by Councilmember Robertson to include Public Works
and Parks. The Committee agreed to forward the item for Committee of the Whole discussion
to include the original proposal and additional analysis relating to the alternative proposal. The
Committee of the Whole will select the preferred option. FORWARD TO NOVEMBER 24, 2014
COMMITTEE OF THE WHOLE WITH ADDITIONAL OPTION AS DISCUSSED.
D. Ordinance: Multi- family Property Tax Exemption in Tukwila Urban Center.
Staff is seeking Council approval of an ordinance to designate a portion of Tukwila's Transit
Oriented Development (TOD) District as a "residential targeted area" and approve a multi - family
property tax exemption program to incentivize new housing in that area. The proposed area is
that portion of the TOD District that lies west of the Green River, comprising 42 parcels and
three property tax levy code areas. Qualifying projects would be exempt from ad valorem
property taxes for eight years, or for twelve is specific affordable housing criteria are also met.
Staff is proposing a sunset clause under which applications will only be accepted through the
end of 2016. To address concerns about condominium owners renting out their units the
proposed ordinance includes criteria that the exemption can only be used on units used for
permanent residential occupancy.
47
48
COUNCIL AGENDA SYNOPSIS
Jnztiair
Meeting Date
Prepared by
Mayorr review
Council review
C/k/
11/24/14
DCS
12/01/14
DCS
E Motion
Mfg Date
N Resolution
Mtg Date 11/3/14
Ordinance
ri Bid Award
Mtg Date
11 Public Hearing
E Other
Mtg Date
Mtg Date
Mtg Date 12/1/14
2141,g Date 11/24/14
ITEM INFORMATION
ITEM No.
3.B. &
4.B.
49
STAFF SPONSOR: DEREK SPECK
ORIGINAL AGENDA DATE: 11/24/14
AGENDA ITEM TITLE An ordinance adopting a Multi-Family Residential
Development Incentive
Property
Tax Exemption
CATEcoRy r1 Disaisiion
11/24/14
E Motion
Mfg Date
N Resolution
Mtg Date 11/3/14
Ordinance
ri Bid Award
Mtg Date
11 Public Hearing
E Other
Mtg Date
Mtg Date
Mtg Date 12/1/14
2141,g Date 11/24/14
SPONSOR El Council 11 Mayor El I IR. E DCI) LI Finance El 1 ire IT 13 &R awe PW
SPONSOR'S At the November 3 Council meeting, the Council adopted a resolution setting the public
SUMMARY hearing date of 11/24/14 for this issue. Staff is proposing for the City to adopt a multi-
family property tax exemption incentive program to encourage new multi-family
residential development in a portion of the Transit Oriented Development District
(Southcenter area). The Council is being asked to conduct the public hearing on 11/24/14
and consider adoption of the ordinance at the Regular meeting on 12/1/14.
REviEwED BY E COW Mtg.
E Utilities Cmte
DATE: 11/12/14
CA&P Cmte
El F&S Cmte E Transportation Cmte
E Parks Comm. E Planning Comm.
COMMFITEE MA : DUFFIE
E Arts Comm.
PRECOMMENDATIONS:
SPONSOR/ADMIN.
Commrimu,
Mayor's Office
Unanimous Approval; Forward to Regular Meeting
COST IMPACT / FUND SOURCE
Expl,NDITuRI RI ;()_1_111tED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/5/14
Ordinance in draft form with Figure A (map of proposed residential targeted area)
Reports by WA State Dept of Commerce and Puget Sound Regional Council
Tables of cities that have adopted and projects currently receiving MFPT exemptions
Property tax levies by taxing district within the residential targeted area
Example annual value to property owner
Property Value Estimate for Washington Place <REQUESTED BY FS COMMITTEE>
Minutes from the Community Affairs and Parks Committee meeting of 11/12/14
12/1/14
49
50
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL U��U����������U�
nn�n-����nmm��n wx��n��m�� n�u��umxw������u�����x�m
Mayor Haggerton
Community Affairs and Parks Committee
FROM: Economic Development Administrator
DATE: November 5, 2014
SUBJECT: Multi-Family Residential Property Tax Incentive
ISSUE
The Council is being asked to designate a portion of Tukwila's Transit Oriented Development
DiSthCt@g@"[eGidenti8|t8[geked8[Ca'@Od8pp[OVe@0UkU-fa0i|VpnJpertv1@XeX80DtiOD
program as an incentive to encourage construction of new apartments and condominiums.
BACKGROUND
State law (RCW 84.14\ allows cities to exempt qualified multi-family housing from property taxes
within certain "residential targeted areas" as designated by the cities as an incentive to
encourage residential development and redevelopment of market rate and affordable housing in
urban centers.
If a project 08et8theCriteh@.th8qValifiEd residential units would be exempt from ad valorem
property taxes for eight years. If the p ject also provides affordable housing, it would be
exempt for twelve years. The exemption applies to the ad valorem property taxes received by alt
taxing districts, not just the City. The property tax exemption applies to the qualified housing
units only, not on the value of the land or commercial improvements. Once the exemption
period ends, the structures are placed on the property tax rolls based on their original new
construction valuation.
In addition to being located within a residential targeted area, the projects must meet other State
eligibility criteria such as having four or more units, meeting all city building codes, and being
completed within three years of conditional approval of the exemption. Cities may add
additional criteria such as height, density, public benefit features, income limits for occupants,
limits on rents or sales prices, etc. The exemption may apply to ownership and/or rental units.
Attached is a repor by the Washington State Department OfCOnlrnerce entitled "Multi-Unit
Housing Tax Incentives 2007-2010" which provides a good summary of the State's intent and
history of the program. The report only provides a overview since it reflects only those cities
that voluntarily reported. The Puget Sound Regional Council also published a summary of the
multi-family property tax exemption incentive (attached).
Many cities in the State and King County have adopted ordinances establishing the exemption
incentive in their cities. Attached is a list of many cities who have adopted programs. A subset of
the cities who adopted programs have approved qualified projects.
Within King County, five cities have p jects that are currently receiving exemptions under this
program. The cities are: Burien, Kirkland, Renton, Seattle, and Shoreline. Attached is a table
showing the number of multi-family p jects in King County currently receiving property tax
exemptions. It is important to note that the table shows number of projects, not dwelling units.
Some of the pr jects have hundreds of dwelling units and total number of units is in the
52
INFORMATIONAL MEMO
Page 2
thousands. The table does not reflect projects that have been conditionally approved by cities
but are still under construction and so have not started receiving the exemption.
DISCUSSION
The multi-family property tax exemption can be an effective tool for encouraging residential
development in urban centers. Staff recommends the City implement the incentive for the
portion of the Tukwila Urban Center's Transit Oriented Development district (TOD district) that
lies west of the Green River. This targeted area would comprise 42 parcels and three property
tax levy code areas. A table showing the 2014 property tax levies by taxing district is attached.
The purpose of the incentive is to "prime the pump" and get new construction of multi-family
residential started - not to provide an ongoing subsidy. Therefore staf recommends the program
incude a "sunset clause" and only accept applications through the end of 2016, which is
basically two years. After one or two projects are completed and rented, we may learn that the
rents are high enough to justify additional development without needing the incentive.
There are a number of benefits to the City for adopting the program but the main question is
about the City's vision for the urban center and whether the City wants to encourage
construction of new multi-family residential in the TOD district. Here are some reasons why we
1. Residents in the TO[) district help create a more "downtown" feel and sense of place
which strengthens Tukwila's identity.
2. Multi-family residential in the TOD district is a housing option that some of our
current residents would like to have.
3. New apartments in the TOD district would be a step toward condominiums which
may Iead to a higher percentage of home ownership in Tukwila.
4. Residents in our TOD district and an improved identity strengthen the economy of
our retail area by providing a sense of place that attracts additional customers.
5. Housing in the TOD district will help the City achieve its residential growth targets
and goa!s outlined in the City's Housing and Urban Center Element of the
Comprehensive Plan.
R. Housing in the TOD district will help the City meet its obligations under the State's
Growth Management Act as a designated urban center and continue receiving
additional credit when applying for State and Federal infrastructure grants.
7. Housing in the TOD district will help the City meet its obtigation under the King
County Countywide Planning Policies.
8. Housing in the T[)[) district will help implement the City's intent as described in the
recently adopted Southcenter Plan which states the community intent to "stimulate
pioneering residential and office development in walking distance of the Southcenter
transit center..."
If the Council agrees the City should encourage construction of new multi-family residential in
the TOD district, the next question is then whether the City should offer a multi-family property
tax exemption as an incentive. Attached is a chart showing the value of the exemption to the
property owner for p ject assessed values ranging from $1 million to$1OOmillion.
It is im to note that the exemption does not reduce or take away property taxes currently
received by the City or other taxing districts. However, it does delay when the agencies would
start receiving property tax on the new construction by eight or twelve years. This is significant
for the City because the City needs those property taxes to be able to provide police, fire, and
other services to the residents of the new development. Whether other agencies wilt provide
Mvoumonm and SauinQs\demx'soeamop\0rdinanoamppTsmamv.dvo
INFORMATIONAL MEMO
Page 3
services to the residents of the new development would depend on the agency's services. For
example, it is unlikely many school children will live in the new residential units in the T[}[)
district but it is likely those residents would use public transit.
Whether the tax exemption value received by the property owner is an opportunity cost to the
City and taxing districts depends on whether the p ject would occur on its own without the
incentive. If the project would happen on its own then the property tax exemption an
opportunity cost to the City and other taxing districts. If the p jectN0Ub/DOth8ppenNithout
the incentive, then the exemption is not an opportunity cost since there would have been no
new construction.
It is difficult to answer that question with certainty but staff believes the exemption is a
necessary incentive for the first one or two p j8Cts to be built. Following are three examples
indicating why the incentive is necessary:
• Over the past decade, Economic Development staff has spoken with multi-family
residential housing developers who expressed reluctance to develop since there are no
existing rents on new apartments or condos near this TOD district, especially for an
urban product. Without rent comparables, proposed p jSCts appear risky and are hard
to finance.
• In 2014 the City hired Heartland, LLC to perform a financial analysis of the Washington
Place development which is proposed in the TOD district. Heartland concluded that
"...even under optimistic circumstances, the project would not meet financial
eXpect8tioDGVf008[k8tb@G8diDV8StO[SO[|eOde[G."[|tGhOU|dbeOOtedth8tthe
developers for that pr ject are seeking funding through the Federal government's foreign
investor visa program which may reduce their borrowing costs.]
• At the Soundside Alliance meeting on economic development held recently, Legacy
Partners, the new developer for the apartment and senior housing phases of Burien
Town Square mentioned the property tax exemption as a key incentive for that
development.
Washington Place: It is important to note that staff is not recommending this incentive program
strictly for Washington Place. Even if Washington Place were not in the pipeline, Department of
Community Development and Economic Development staff would recommend this incentive.
The recently adopted Southcenter Plan also recommends the City provide incentives to
encourage new multi-family residential development. Because the Washington Place p jent
has expressed a strong desire to apply for the incentive, staff has brought it forward at this time.
Regardless of whether Washington Place receives the incentive, other properties that meet the
criteria could apply. Staff is not aware of any other development proposals that would meet the
criteria at this time.
Transient Occupancy: One of the concerns raised in the pubic discussion on this incentive is
whether owners of the apartments or condominiums could rent out their units for short term
stays. If they did this repeatedly, it clearly woutd not meet the intent of the incentive. For
example, we have heard of investors in condominiums in Canada who purchased entire floors
Of units and then rented them out for short term stays much like a hotel. In order to protect
against this, the proposed ordinance inciudes criteria that the exemption is only on units used
for "permanent residential occupancy". As that term is defined it would require apartments to be
rented for terms of at least one month or it would allow condominium owners to rent out their
units for no more than 30 days per calendar year.
CiDvcumemaand MFPTE memo.doc
54
INFORMATIONAL MEMO
Page 4
The state law suggests jurisdictions considering a tax exemption program hold a public hearing
prior to adopting the program. On November 3, 2013 the City Council approved a resolution
setting the public hearing for the Council meeting on November 24, 2014.
FINANCIAL IMPACT
If the Council approves a multi-family property tax exemption program, there would be no
reduction to current property tax revenues. If a project is approved that would have been built
anyway, then the property taxes on the qualified new construction would be an opportunity cost.
If the project would not have been built, then it is not an opportunity cost. Staff believes it is
likely the exemption incentive is necessary for the first one or two multi-family residential
projects in the TOD district to be built in the next few years.
BUDGET IMPACT
This specific item does not have a budget impact.
RECOMMENDATION
The Council is being asked to hold a public hearing at the November 24, 2014 Committee of the
Whole meeting and consider this item at the December 1, 2014 Regular Meeting.
ATTACHMENTS
Draft ordinance with Figure A (map of proposed "Residential Targeted Area")
WA State Dept of Commerce report on Multi-unit Housing Tax Incentives
Puget Sound Regional Council article on Multi-family Tax Exemption
List of cities that adopted multi-family property tax exemption incentive programs
Table of multi-family projects in King County receiving property tax exemption
2014 Property Tax Levies by Taxing District
Example of multifamily property tax exemption value
C:\Documents and Settings\derek-sTesktop\Ordinance MFPTE memo.doc
RAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON; ESTABLISHING AN
EXEMPTION FROM REAL PROPERTY TAXATION FOR
DEVELOPMENT OF QUALIFIED MULTI - FAMILY
HOUSING; ESTABLISHING NEW REGULATIONS TO BE
CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER
3.90 RELATING TO THE DESIGNATION OF A
RESIDENTIAL TARGETED AREA WITHIN THE TUKWILA
URBAN CENTER; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Chapter 84.14 RCW authorizes cities to provide for exemptions from
ad valorem property taxation on qualified multi - family housing developments located in
designated residential targeted areas in order to encourage more desirable and
convenient residential units in urban centers; and
WHEREAS, the King County Countywide Planning Policies (KCCPP), developed
pursuant to the Washington State Growth Management Act, have established standards
for cities to plan for their share of regional growth and affordable housing; and
WHEREAS, the Tukwila Urban Center is one of the region's designated urban
centers and lies within an urban growth area; and
WHEREAS, the City intends to assist in achieving its residential growth targets and
goals in the City's Housing and Urban Center Element of the City's Comprehensive
Plan by encouraging new multi - family housing in the Tukwila Urban Center; and
WHEREAS, the Tukwila Urban Center currently lacks sufficient available, desirable
and convenient residential housing, including affordable housing, to meet the needs of
the public who would be likely to live in the urban center, if the affordable, desirable,
attractive, and livable places to live were available; and
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WHEREAS, the Tukwila Urban Center qualifies as an urban center for purposes of
RCW 84.14.010 and Tukwila has a desire to stimulate new construction of mufti-family
housing within that portion of the Tukwila Urban Center's Transit Oriented Development
district that lies west of the Green River; and
WHEREAS, the tax incentive provided by Chapter 84.14 RCW encourages
increased residential opportunities, including affordable housing opportunities, and will
stimulate the construction of new multi - family housing within the residential targeted
area and will benefit and promote public health, safety, and welfare by encouraging
residential development and redevelopment of that area of the City; and
WHEREAS, on November 24, 2014, the Tukwila City Council, after giving public
notice as required by RCW 84.14.040, held a public hearing to consider adoption of the
proposed ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Designation of Residential Targeted Area. The City Council hereby
designates the boundary of the residential targeted area as that portion of the Tukwila
Urban Center zone's Transit Oriented Development district that lies west of the Green
River as shown in Figure A and attached hereto and as further specified in Tukwila
Municipal Code Section 3.90.030.
Section 2. Regulations Established. Tukwila Municipal Code (TMC) Chapter
3.90, "Multi- Family Residential Property Tax Exemption," is hereby established to read
as follows:
CHAPTER 3.90
MULTI - FAMILY RESIDENTIAL PROPERTY TAX EXEMPTION
Sections:
3.90.010 Purpose
3.90.020 Definitions
3.90.030 Residential Targeted Area — Criteria — Designation —
Recession
3.90.040 Tax Exemption for Multi - Family Housing in Residential
Targeted Areas Authorized
3.90.050 Project Eligibility
3.90.060 Application Procedure — Fee
3.90.070 Application Review — Issuance of Conditional Certificate —
Denial — Appeal
3.90.080 Extension of Conditional Certificate
3.90.090 Final Certificate — Application — Issuance — Denial — Appeal
3.90.100 Annual Certification
3.90.110 Appeals to the Hearing Examiner
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Section 3. Tukwila Municipal Code (TMC) Section 3.90.010 is hereby established
to read as follows:
3.90.010 Purpose
The purposes of this chapter are:
1. To encourage increased residential opportunities, including affordable
housing opportunities, and to stimulate the construction of new multi - family housing
within a portion of the Tukwila Urban Center's Transit Oriented Development district.
2. To accomplish the planning goals required under the Washington State
Growth Management Act, Chapter 36.70A RCW and Countywide Planning Policies as
implemented by the City's Comprehensive Plan.
Section 4. TMC Section 3.90.020 is hereby established to read as follows:
3.90.020 Definitions
As used in this chapter, unless the context or subject matter clearly requires otherwise,
the words or phrases defined in this section shall have the indicated meanings:
A. "Administrator" shall mean the Economic Development Administrator of the City
of Tukwila or his /her designee.
B. "Affordable housing" means residential housing that is rented by a person or
household whose monthly housing costs, including utilities other than telephone, do not
exceed 30 percent of the household's monthly income. For the purposes of housing
intended for owner occupancy, "affordable housing" means residential housing that is
within the means of low- or moderate - income households.
C. "High cost area" means a county where the third quarter median house price
for the previous year as reported by the Washington Center for Real Estate Research at
Washington State University is equal to or greater than 130 percent of the statewide
median house price published during the same time period.
D. "Household" means a single person, family, or unrelated persons living
together.
E. "Low- income household" means a single person, family, or unrelated persons
living together whose adjusted income is at or below 80 percent of the median family
income, adjusted for family size, for the county where the project is located, as reported
by the United States Department of Housing and Urban Development. For cities
located in high -cost areas, "low- income household" means a household that has an
income at or below 100 percent of the median family income adjusted for family size, for
the county where the project is located.
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F. "Moderate- income household" means a single person, family, or unrelated
persons living together whose adjusted income is more than 80 percent but is at or
below 115 percent of the median family income, adjusted for family size, for the county
where the project is located, as reported by the United States Department of Housing
and Urban Development. For cities located in high -cost areas, "moderate- income
household" means a household that has an income that is more than 100 percent, but
at or below 150 percent, of the median family income adjusted for family size, for the
county where the project is located.
G. "Multi- family housing" means a building having four or more dwelling units not
designed or used as transient accommodations and not including hotels and motels.
Multi- family units may result from new construction or rehabilitation or conversion of
vacant, underutilized, or substandard buildings to multi - family housing.
H. "Owner" means the property owner of record.
I. "Owner occupied" means a residential unit that is rented for fewer than 30 days
per calendar year.
J. "Permanent residential occupancy" means multi - family housing that is either
owner occupied or rented for periods of at least one month.
K. "Residential targeted area" means the area within the boundary as designated
by TMC Section 3.90.030.
L. "Urban Center" means a compact, identifiable district where urban residents
may obtain a variety of products and services. An urban center must contain:
1. Several existing or previous, or both, business establishments that may
include but are not limited to shops, offices, banks, restaurants, governmental agencies;
2. Adequate public facilities including streets, sidewalks, lighting, transit,
domestic water, and sanitary sewer systems; and
3. A mixture of uses and activities that may include housing, recreation, and
cultural activities in association with either commercial or office or both uses.
Section 5. TMC Section 3.90.030 is hereby established to read as follows:
3.90.030 Residential Targeted Area — Criteria — Designation — Recession
A. The boundary of the residential targeted area is that portion of the Tukwila
Urban Center zone's Transit Oriented Development district that lies west of the Green
River as shown in Figure A.
B. If a part of any legal lot is within the residential targeted area, then the entire lot
shall be deemed to lie within such residential targeted area.
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Section 6. TMC Section 3.90.040 is hereby established to read as follows:
3.90.040 Tax Exemption for Multi - Family Housing in Residential Targeted
Areas Authorized
A. Duration of Exemption. The value of improvements qualifying under this
chapter will be exempt from ad valorem property taxation, as follows:
1. For 8 successive years beginning January 1 of the year immediately
following the calendar year of issuance of the certificate of tax exemption; or
2. For 12 successive years beginning January 1 of the year immediately
following the calendar year of issuance of the certificate of tax exemption, if the property
otherwise qualifies for the exemption under Chapter 84.14 RCW and meets the
conditions in this subsection. For the property to qualify for the 12 -year exemption
under this subsection, the applicant must commit to renting or selling at least 20 percent
of the multi - family housing units as affordable housing units to low- and moderate -
income households. In the case of the projects intended exclusively for owner
occupancy, the minimum requirement of this subsection may be satisfied solely through
housing affordable to moderate - income households.
B. Limits of Exemption.
1. The property tax exemption does not apply to the value of land or to the
value of non - housing - related improvements not qualifying under RCW 84.14.
2. This chapter does not apply to increases in assessed valuation made by
the assessor on non - qualifying portions of building and value of land, nor to increases
made by lawful order of the King County Board of Equalization, the Department of
Revenue, or King County, to a class of property throughout the county or specific area
of the county to achieve uniformity of assessment of appraisal required by law.
3. The property tax exemption only applies to the value of improvements used
for permanent residential occupancy.
Section 7. TMC Section 3.90.050 is hereby established to read as follows:
3.90.050 Project Eligibility
A. To be eligible for exemption from property taxation under this chapter, the
residential units must satisfy all of the following criteria:
1. The units must be located in the residential targeted area.
2. The units must be within a residential or mixed -use structure containing at
least four dwelling units.
3. The units must have an average size of at least 500 square feet per unit.
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4. A minimum of 15 percent of the units must be at least 900 square feet and
contain at least two bedrooms.
5. The units must be designed and used for permanent residential occupancy.
6. Each unit must have its own private bathroom and private kitchen.
Residential projects that utilize common kitchens and /or common bathrooms are not
eligible.
7. The entire property shall comply with all applicable zoning requirements,
land use regulations, environmental requirements, building codes and fire code
requirements, as outlined in the Tukwila Municipal Code.
8. The units must be constructed and receive a certificate of occupancy after
this ordinance takes effect
9. The units must be completed within 3 years from the date of issuance of
the conditional certificate of acceptance of tax exemption by the City, or within
authorized extension of this time limit.
B. In addition to the requirements listed in TMC Section 3.90.050 (A), residential
units that request the 12 -year property tax exemption, as permitted by TMC Section
3.90.040 (A)(2), must also satisfy the following requirements:
1. The mix and configuration of housing units (e.g., studio, one - bedroom, two -
bedroom, etc.) used to meet the requirement for affordable units under TMC Section
3.90.050 shall be substantially proportional to the mix and configuration of the total
housing units in the project.
2. For owner - occupied projects, the contract with the City required under TMC
Section 3.90.070 shall identify which units meet the affordability criteria.
Section 8. TMC Section 3.90.060 is hereby established to read as follows:
3.90.060 Application Procedure — Fee
A. The owner of property applying for exemption under this chapter shall submit
an application to the Administrator, on a form established by the Administrator. The
owner shall verify the contents of the application by oath or affirmation. The application
shall contain the following information:
1. A brief written description of the project, including phasing if applicable, that
states which units are proposed for the exemption and whether the request is for 8 or 12
years.
2. Preliminary schematic site and floor plans of the multi - family units and the
structure(s) in which they are proposed to be located.
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3. A table of all units in the project listing unit number, square footage, unit
type (studio, one bedroom, etc.), and indicating those proposed for the exemption.
4. If applicable, information describing how the applicant will comply with the
affordability requirements in TMC Sections 3.90.040 and 3.90.050.
5. A statement from the owner acknowledging the potential tax liability when
the property ceases to be eligible for exemption under this chapter.
6. Any other information deemed necessary or useful by the Administrator
B. At the time of application under this section, the applicant shall pay to the City
an initial application fee of $500 or as otherwise established by ordinance or resolution.
If the application is denied, the City may retain that portion of the application fee
attributable to its own administrative costs and refund the balance to the applicant.
C. The complete application shall be submitted any time before, but no later than,
the date the certificate of occupancy is issued under Title 16 of the Tukwila Municipal
Code.
D. After December 31, 2016, the City will no longer accept applications.
Section 9. TMC Section 3.90.070 is hereby established to read as follows:
3.90.070 Application Review — Issuance of Conditional Certificate — Denial
— Appeal
A. The Administrator shall approve or deny an application under this chapter
within 90 days of receipt of the complete application. The Administrator shall use the
criteria listed in TMC Chapter 3.90 and Chapter 84.14 RCW to review the proposed
application. If the application is approved, the owner shall enter into a contract with the
City regarding the terms and conditions of the project and eligibility for exemption under
this Chapter. The Mayor shall be the authorized signatory to enter into the contract on
behalf of the City. Following execution of the contract, the Administrator shall issue a
conditional certificate of acceptance of tax exemption. The certificate must contain a
statement by the Administrator that the property has complied with the required finding
indicated in RCW 84.14.060The conditional certificate shall expire 3 years from the date
of approval unless an extension is granted as provided in this chapter.
B. If the application is denied, the Administrator shall issue a Notice of Denial
stating in writing the reasons for the denial and send the Notice of Denial to the
applicant's last known address within 10 days of the denial.
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C. An applicant may appeal the Administrator's notice of denial of the application
to the City Council by filing a notice of appeal with the City Clerk within 30 days of
receipt of the Administrator's notice of denial and paying a fee of $500 or as otherwise
established by ordinance or resolution. The appellant shall provide a statement
regarding the basis for the appeal. The closed record appeal before the City Council
shall be based upon the record before the Administrator, and the Administrator's
decision shall be upheld unless the applicant can show that there is no substantial
evidence on the record to support the Administrator's decision. The City Council
decision on appeal is final.
Section 10. TMC Section 3.90.080 is hereby established to read as follows:
3.90.080 Extension of Conditional Certificate
The conditional certificate may be extended by the Administrator for a period not to
exceed 24 consecutive months. The applicant shall submit a written request stating the
grounds for the extension, together with a fee as established by ordinance or resolution.
The Administrator may grant an extension if the Administrator determines that:
1. The anticipated failure to complete construction or rehabilitation within the
required time period is due to circumstances beyond the control of the owner;
2. The owner has been acting and could reasonably be expected to continue
to act in good faith and with due diligence; and
3. All the conditions of the original contract between the owner and the City
will be satisfied upon completion of the project.
Section 11. TMC Section 3.90.090 is hereby established to read as follows:
3.90.090 Final Certificate — Application — Issuance — Denial — Appeal
A. After completion of construction as provided in the contract between the owner
and the City, after issuance of a certificate of occupancy and prior to expiration of the
conditional certificate of exemption, the applicant may request a final certificate of tax
exemption. The applicant shall file with the Administrator such information as the
Administrator may deem necessary or useful to evaluate eligibility for the final
certificate, and shall include:
1. A statement of expenditures made with respect to each multi - family
housing unit, including phasing if applicable, and the total expenditures made with
respect to the entire property.
2. A description of the completed work and a statement of qualification for the
exemption.
3. A statement that the work was completed within the required 3 -year period
or any approved extension.
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4. If applicable, information on the applicant's compliance with the affordability
requirements in TMC Sections 3.90.040 and 3.90.050.
B. Within 30 days of receipt of all materials required for a final certificate, the
Administrator shall determine whether the completed work is consistent with the
application and contract approved by the Mayor and is qualified for limited exemption
under Chapter 84.14 RCW, and which specific improvements completed meet the
requirements of this chapter and the required findings of RCW 84.14.060.
C. If the Administrator determines that the project has been completed in
accordance with TMC Section 3.90.090 (A), the City shall file a final certificate of tax
exemption with the assessor within 10 days of the expiration of the 30 -day period
provided under TMC Section 3.90.090 (B).
D. The Administrator is authorized to cause to be recorded, or to require the
applicant or owner to record, in the real property records of the King County Department
of Records and Elections, the contract with the City required under TMC Section
3.90.070 and such other document(s) as will identify such terms and conditions of
eligibility for exemption under this chapter as the Administrator deems appropriate for
recording, including requirements under this chapter relating to affordability of units.
E. The Administrator shall notify the applicant in writing that the City will not file a
final certificate if the Administrator determines that the project was not completed within
the required 3 -year period or any approved extension, or was not completed in
accordance with TMC Section 3.90.090 (B); or if the Administrator determines that the
owner's property is not otherwise qualified under this chapter or if the owner and the
Administrator cannot agree on the allocation of the value of the improvements allocated
to the exempt portion of rehabilitation improvements, new construction and multi -use
new construction.
F. The applicant may appeal the City's decision to not file a final certificate of tax
exemption to the City's Hearing Examiner within 30 days of issuance of the
Administrator's notice as outlined in TMC Section 3.90.110.
Section 12. TMC Section 3.90.100 is hereby established to read as follows:
3.90.100 Annual Certification
A. A residential unit or units that receive a tax exemption under this chapter shall
continue to comply with the contract and the requirements of this chapter in order to
retain its property tax exemption.
B. Within 30 days after the first anniversary of the date the City filed the final
certificate of tax exemption and each year for the tax exemption period, the property
owner shall file a certification with the Administrator, verified upon oath or affirmation,
which shall contain such information as the Administrator may deem necessary or
useful, and shall include the following information:
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1. A statement of occupancy and vacancy of the multi- family units during the
previous year.
2. A certification that the property has not changed use since the date of filing
of the final certificate of tax exemption and continues to be in compliance with the
contract with the City and the requirements of this chapter.
3. A description of any improvements or changes to the property made after
the filing of the final certificate or last declaration, as applicable.
4. If applicable, information demonstrating the owner's compliance with the
affordability requirements of TMC Sections 3.90.040 and 3.90.050, including:
a. The total monthly rent or total sale amount of each unit; and
b. The income of each renter household at the time of initial occupancy
and the income of each initial purchaser of owner - occupied units at the time of purchase
for each of the units receiving a tax exemption.
5. The value of the tax exemption for the project.
6. Any additional information requested by the City in regard to the units
receiving a tax exemption (pursuant to meeting any reporting requirements under
Chapter 84.14 RCW).
C. Failure to submit the annual declaration may result in cancellation of the tax
exemption pursuant to this section.
D. For the duration of the exemption granted under this chapter, the property shall
have no violation of applicable zoning requirements, land use regulations, building
codes, fire codes, and housing codes contained in the Tukwila Municipal Code for which
the designated City department shall have issued a Notice and Order and that is not
resolved within the time period for compliance provided in such Notice and Order.
E. For owner - occupied affordable units, in addition to any other requirements in
this Chapter, the affordable owner - occupied units must continue to meet the income
eligibility requirements of TMC Section 3.90.040. In the event of a sale of an affordable
owner - occupied unit to a household other than an eligible household, or at a price
greater than prescribed in the contract referenced in TMC Section 3.90.070, the
property tax exemption for that affordable owner - occupied unit shall be canceled
pursuant to this section.
F. For property with renter - occupied dwelling units, in addition to any other
requirements in this chapter, the affordable renter - occupied units must continue to meet
the income eligibility requirements of TMC Section 3.90.040. In the event of a rental of
an affordable renter - occupied unit to a household other than an eligible household, or at
a rent greater than prescribed in the contract referenced in TMC Section 3.90.040, the
property tax exemption for the property shall be canceled pursuant to this section.
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G. If the owner converts the multi - family housing to another use, the owner shall
notify the Administrator and the County Assessor within 60 days of the change in use.
Upon such change in use, the tax exemption shall be canceled pursuant to this section.
H. The Administrator shall cancel the tax exemption for any property or individual
unit that no longer complies with the terms of the contract or with the requirements of
this chapter. Upon cancellation, additional taxes, interest and penalties shall be
imposed pursuant to state law. Upon determining that a tax exemption shall be
canceled, the Administrator shall notify the property owner by certified mail, return
receipt requested. The property owner may appeal the determination by filing a notice
of appeal within 30 days of the date of notice of cancellation, specifying the factual and
legal basis for the appeal. The appeal shall be heard by the Hearing Examiner pursuant
to TMC Section 3.90.110.
Section 13. TMC Section 3.90.110 is hereby established to read as follows:
3.90.110 Appeals to the Hearing Examiner
A. The City's Hearing Examiner is provided jurisdiction to hear appeals of the
decisions of the Administrator to deny issuance of a final certificate of tax exemption or
cancel tax exempt status. All appeals shall be closed record and based on the
information provided to the Administrator when the administrative decision was made.
B. The Hearing Examiner's procedures, as adopted by City Council resolution,
shall apply to hearings under this chapter to the extent they are consistent with the
requirements of this chapter and Chapter 84.14 RCW. The Hearing Examiner shall give
substantial weight to the Administrator's decision and the burden of proof shall be on
the appellant. The decision of the Hearing Examiner constitutes the final decision of the
City. An aggrieved party may appeal the decision to Superior Court under RCW
34.05.510 through 34.05.598 if the appeal is properly filed within 30 days of the date of
the notification by the City to the appellant of that decision.
Section 14. 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 15. 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.
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Section 16. 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:
Rachel Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Figure A, "City of Tukwila Multi - Family Property Tax Exemption
Residential Targeted Area"
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.r4rft
..400101.Nii,
City of Tukwila
Multi-Family Property Tax Exemption
Residential Targeted Area
Target Parcels
Zoning Code
TUC-TOD Zone
Figure .t7
68
Department of Commerce
Innovation is in our nature.
Multi -Unit Housing Tax Incentives 2007 -2010
Report to the Governor
Rogers Weed, Director
69
ACKNOWLEDGEMENTS
Washington State Department of Commerce
Karen J. Larkin, Assistant Director, Local Government & Infrastructure Division
Leonard Bauer, Managing Director, Growth Management Services
Ike Nwankwo, Technical & Financial Assistance Manager, Growth Management Services
Linda Weyl, Administrative Assistant, Growth Management Services
Special thanks to the cities and counties who participated in this study.
Washington State Department of Commerce
Growth Management Services
1011 Plum Street SE
P.O. Box 42525
Olympia, WA 98504
www.commerce.wa.gov /growth
To obtain a copy of this report in an alternate format, please call (360) 725 -3066
Multi -Unit Housing Tax Incentives 2007 -2010
70
TABLE OF CONTENTS
INTRODUCTION 4
BACKGROUND INFORMATION 4
ESSHB 1910 (2007) 4
DEPARTMENT OF COMMERCE ROLE: ANNUAL REPORT 6
ANNUAL REPORT SUMMARY 6
ANALYSIS / EVALUATION 8
RECOMMENDATIONS /CONCLUSIONS 14
LIST OF REPORTS
2007 Multi Family Tax Exemption Report 7
2008 Multi Family Tax Exemption Report 7
2009 Multi Family Tax Exemption Report 8
2010 Multi Family Tax Exemption Report 8
LIST OF TABLES
Table 1: Comparison of New Housing Units in Cities Using Property Tax Exemptions 2007 - 2010.10
Table 2: Percentage of Total Housing Units Built Using Property Tax Exemptions 2007 - 2010 11
Table 3: Comparison of Affordable and Market Rate Housing Units 12
Table 4: Percentage of Affordable vs. Market Rate Housing Units 13
Multi -Unit Housing Tax Incentives 2007 -2010
3
71
Introduction
The purpose of this report is to evaluate the uses and the effects of the multi -unit housing tax
incentives approved by the 2007 Legislature as Engrossed Second Substitute House Bill 1910
(ESSHB 1910). It later was codified as RCW 84.14. This report was requested by the Governor
in her partial veto of the legislation.
Background Information
The Washington Growth Management Act (GMA) was passed by the Washington State
Legislature in 1990. The GMA sets out 14 goals to guide planning in Washington State. Among
the top goals are reduction of urban sprawl, concentrated urban growth, economic development and
affordable housing (RCW 36.70A.020).
In 1995 the Legislature found that planning solutions to solve the problems of urban sprawl often
lack incentive and implementation techniques needed to encourage residential redevelopment in
urban centers. Subsequently, they authorized a 10 -year property -tax exemption (RCW 84.14).
The tax incentive created by this legislation intends to help stimulate new or enhanced residential
opportunities in urban centers and achieve the housing goal mandated by the GMA.
In 2007 the Legislature modified the law to allow the tax break to run for eight years, or twelve
years if the development contains twenty percent affordable housings. The Legislature also
lowered the population requirement for cities to be eligible for the program from 30,000 to
15,000. They added a reporting requirement. The changes were intended to become effective
immediately.
When the legislation reached the Governor's desk, she expressed concerns that the program was
expanded to include more cities without any evidence of its effectiveness in increasing
affordable housing and was done without including counties in the decision making. She signed
the bill but vetoed Section 12 which would have made the legislation effective immediately. She
also asked the Department of Commerce to analyze the required annual reports from cities to
evaluate its use and effects and assess the need for legislation to alter the exemption program.
(Appendix #1)
ESSHB 1910 (2007)
This tax incentive program adopted by the 2007 Legislature was titled "AN ACT relating to tax
incentives for certain multiple -unit dwellings in urban centers that provide affordable housing."
It became effective on July 22, 2007 following the Governor's signature and partial veto.
The following is a summary of the changes made by the Legislature and their stipulations:
• Cities eligible to offer the multi -unit housing property tax exemption are those with a
population of at least 15,000 people. If there is no city with a population of at least
15,000 in a county planning under the GMA, then the largest city or town located in that
1 "Affordable Housing" is defined in the legislation as residential housing that is rented by a person or household whose monthly
housing costs, including utilities other than telephone, do not exceed thirty percent of the households monthly income. For the
purposes of housing intended for owner occupancy, "affordable housing" means residential housing that is within the means of low
or moderate - income households.
Multi -Unit Housing Tax Incentives 2007 -2010
72
4
county is eligible. The legislation also allows cities with populations of at least 5,000 to
participate, if they are located within "buildable lands" counties (King, Pierce,
Snohomish, Kitsap, Thurston and Clark).
• Participating cities may offer a 12 -year tax exemption if the developer chooses to build,
develop, or rehabilitate at least 20 percent of the units as affordable housing. Developers
choosing not to include affordable housing receive only 8 years of tax exemption.
• New, rehabilitated or converted multifamily housing projects in targeted residential areas
are eligible for the property tax exemption. The property tax exemption may be applied to
new housing construction and the increased value of a building due to rehabilitation. The
exemption does not apply to the land or the non - housing related improvements.
• If the property changes use before the end of the exemption period, or no longer complies
with guidelines established by the city for participation in the tax exemption program,
then back taxes are recovered based on the difference between the taxes paid and taxes
that would have been paid without the tax exemption program.
All projects receiving tax exemption must be multiple -unit housing of four or more units
that is located in a residential targeted area as designated by the city. The housing must
meet the guidelines as adopted by the city which may include density, size, parking, low -
income occupancy and other adopted requirements. At least fifty percent of the space
must be for permanent residential occupancy. New construction must be completed
within three years of the application's approval unless an extension of up to two years has
been authorized by the local jurisdiction. The property to be rehabilitated must be vacant
at least 12 months prior to application. The applicant must enter into a contract with the
city to agree to terms and conditions.
Beginning in 2007, all cities issuing tax exemptions must report annually to the Department of
Commerce regarding tax exempt properties. The annual report must include the following:
1. Total number of tax exemptions granted and the total value of those exemptions;
2. Total number of units produced and the total development cost of each unit;
3. Total monthly rent of each unit or the total sale price of each unit;
4. Income of each renter at occupancy of a rental unit, and the income of each initial
purchaser of a homeownership unit if the project is using the 12 -year exemption with at
least 20 percent of its units rented or sold to income - eligible tenants.
When this tax exemption program was initially adopted in 1995 (RCW 84.14), only three cities
were eligible; those with populations of 150,000 or more (Seattle, Tacoma and Spokane). Three
subsequent amendments reduced the minimum city size, thus increasing the number of cities
Multi -Unit Housing Tax Incentives 2007 -2010
5
73
eligible to utilize the tax exemption program. After the program was amended again in 2007
(ESSHB 1910), reducing the population threshold to 15,000, more cities became eligible and by
2010, more than 90 cities were eligible to participate.
Department of Commerce Role: Annual Report
After signing the legislation, the Governor directed Commerce to analyze the required reports
from cities and evaluate the tax exemption's use and effects and to assess the need for legislation
to alter the program.
After the legislation's effective date of July 22, 2007, Commerce convened an advisory group
comprised of staff from the cities of Seattle, Tacoma, Spokane, Lakewood and King County
Suburban Cities (represented by ARCH - A Regional Coalition for Housing) to help develop the
reporting process. It should be noted that Tacoma has had the tax abatement program in place
since it was approved in 1995 and Seattle since 1998. After several meetings and discussions, the
"Department of Commerce, Multi -Unit Housing Tax Exemption Annual Report Form"
(Appendix #2) was developed and approved by the committee. Commerce received the first set
of annual reports required under this program in December 2007.
Also, during the four -year period 2007 -10, cities participating and/or interested in the tax
exemption program sought and received assistance from Commerce staff on several issues
related to the program. Most of the assistance requests involved clarification or interpretation of
the legislation. Commerce consulted with the appropriate Assistant Attorney General to provide
needed assistance. (Appendix #3).
Commerce sent out reminder notices to participating jurisdictions each year about the December
31 deadline for required annual reports . (Appendix #4).
In addition, a survey went to the larger participating cities asking for key information and
suggestions that would enhance the review, evaluation and analysis of the program and the
resulting recommendations. (Appendix #5)
Annual Report Summary
Many of the eligible cities either chose not to participate or did not file the required annual
report. Commerce received 19 reports in 2007, 13 in 2008, 20 in 2009, and 19 in 2010. Most of
the reports showed no activity had taken place. A few jurisdictions filed the annual report in one
of the four years and some reported in three of the four years. The majority of reporting
jurisdictions (mostly larger ones) submitted annual reports in all four years.
The Governor's directive was to analyze and evaluate this tax exemption program for its uses
and effects. To accomplish that, Commerce had to focus only on annual reports that included
development activities such as approvals or final tax exemption certificate(s) issued under the
program. During the Reporting Period 2007 -10, 10 jurisdictions submitted such reports: the
cities of Seattle, Tacoma, Spokane, Everett, Renton, Shoreline, Wenatchee and Moses Lake,
Burien and Kirkland.
Multi -Unit Housing Tax Incentives 2007 -2010
74
The Annual Report Summaries for 2007, 2008, 2009 and 2010 from these jurisdictions are
shown here.
2007 Multi Family Tax Exemption Report
2008 Multi Family Tax Exemption Report
Tax Exemption Information
Development Cost Information
Affordability Requirements
Cities that
Provided
Data as
Required by
RCW 84.14 00
Multi Family
Tax
Exemption
Certificates
issued
Total Value of
the Tax
Exemptions
Issued
Development
Cost/Unit
Total
Units
Total
Development
Costs
Number of
Affordable/Workforce Rental
Units
Number of
Units Sold or
Rented at
Market Rate
Prices
Renton
2
1,957,342
159,370
260
41,436,292
0
260
Seattle
4
8,870,011
140,743
484
68,119,612
319
165
Shoreline
1
1,394,277
132,000
88
11,616,000
0
88
Spokane
45
16,368,800
137,197
168
23,049,074
29
139
Tacoma
8
4,440,410
200,211
139
27,829,342
0
139
Wenatchee
1
40,737
19,783
23
455,009
0
23
Moses Lake
0
0
0
0
$
-
0
0
Everett
0
0
0
0
$
-
0
0
Totals
61
33,071,577
1162
172,505,329
348
814
2008 Multi Family Tax Exemption Report
Multi -Unit Housing Tax Incentives 2007 -2010
7
75
Tax Exemption Information
Development Cost Information
Affordability Requirements
Cities that
Provided
Data as
Required by
RC 84.14V100
Multi Family
Tax
Exemption
Certificates
issued
Total Value of
the Tax
Exemptions
Issued
Development
Cost/Unit
Total
Units
Total
Development
Costs
Number of
Affordable/Workforce Rental
Units
Number of
Units Sold or
Rented at
Market Rate
Prices
Renton
2
4,310,638
199,735
245
48,935,075
0
245
Seattle
3
22,651,870
240,908
156
37,581,648
109
47
Shoreline
0
0
0
0
-
0
0
Spokane
11
20,839,100
213,066
222
15,844,884
43
169
Tacoma
16
13,616,830
149,835.00
616
92,298,360
0
616
Wenatchee
0
0
0
0
$
-
0
0
Moses Lake
0
0
0
0
$
-
0
0
Everett
0
0
0
0
$
-
0
0
Totals
32
61,418,438
1239
194,650,967
152
1077
Multi -Unit Housing Tax Incentives 2007 -2010
7
75
2009 Multi Family Tax Exemption Report
2010 Multi Family Tax Exemption Report
Tax Exemption Information
Development Cost Information
Affordability Requirements
Cities that
Provided
Data as
Required by
RCW 84.14 00
Multi Family
Tax
Exemption
Certificates
issued
Total Value of
the Tax
Exemptions
Issued
Development
CostlUnit
Total
Units
Total
Development
Costs
Number of
AffordablelWorkforce Rental
Units
Number of
Units Sold or
Rented at
Market Rate
Prices
Renton
2
6,666,649
175,086
532
93,145,648
92
440
Seattle
6
22,488,921
167,392
1,310
166,314,980
657
653
Shoreline
0
0
0
0
-
0
0
Spokane
44
11,676,500
288,702
44
12,702,907
0
44
Tacoma
16
6,224,244
205,470
205
42,121,350
0
205
Wenatchee
0
0
0
0
-
0
0
Moses Lake
1
768,228
??
96
??
96
0
Everett
2
329,061
289,000
31
8,959,000
0
31
Totals
71
48,153,603
230,760
2218
323,243,885
845
1373
2010 Multi Family Tax Exemption Report
Multi -Unit Housing Tax Incentives 2007 -2010
76
8
Tax Exemption Information
Development Cost Information
Affordability Requirements
Cities That
Provided
Data as
Required by
RCW
84.14.100
Multi Family
Tax
Exemption
Certificates
Issued
Total Value of
the Tax
Exemptions
Issued
Development
CosfNnit
Total
Units
Total
Development
Costs
Number of
Affordable/Workforce
Rental Units
Number of
Units Sold or
Rented at
Market Rate
Prices
Renton
1
45530,100
194518
440
85,587,920
0
440
Seattle
7
17,586,163
211,478
1,023
216,341,994
261
762
Shoreline
0
-
-
0
-
0
0
Spokane
17
4,001,850
364,914
19
6,933,366
6
13
Tacoma
1
14,036,200
180,000
8
1,440,000
0
8
Wenatchee
0
-
-
0
-
0
0
Moses Lake
0
-
-
0
-
0
0
Everett
1
447, 965.62
350,905
40
14,036,200
8
32
Kirkland
1
402,538
230,760
52
11,999,520
5
47
Burien
1
31,555,903
192,976
124
23,929,024
0
124
Totals
29
113,560,720
1582
360,268,024
280
1426
Multi -Unit Housing Tax Incentives 2007 -2010
76
8
These Annual Report Summaries show that these 10 cities issued 193 tax exemption certificates
during the reporting period. The projected value of the exemptions over the 8, 10 or 12 -year
term is more than $255 million. They produced 6,326 housing units, of which 1,625 are
considered affordable housing.
ANALYSIS/EVALUATION
The Governor requested a report on the effectiveness of property tax exemptions in general and
the effect of changes provided in ESSHB 1910 in particular. The response to her request focuses
on four questions:
1. Do property tax exemptions generate new housing?
2. Do property tax exemptions generate affordable housing?
3. Did ESSHB1910 increase the number of cities that provide property tax exemptions?
4. Is consultation with counties necessary in tax exemption decision making?
1. Do property tax exemptions generate new housing?
This question focuses on the general effectiveness of property tax exemptions as an incentive to
generate housing, particularly in high -cost areas and within the downtown of relatively large
cities. One way to answer the question is by comparing the number of housing units created
using tax exemptions to the total number of new housing units in each of the participating cities.
Table 1 below compares the number of housing units generated using property tax exemptions to
the total number of new housing units produced from 2007 to 2010 in the participating cities.
The numbers of tax exemption housing units are provided in the annual reports from
participating cities. The number of total new housing units2 was derived from the State of
Washington's Office of Financial Management (OFM). Each year, OFM updates the population
estimate of Washington cities. Their estimate is based on the number of housing units in each
city. The data is available online at http: / /www.ofm.wa.gov /pop /aprill /default. asp.
2 Some of the total new housing units derived from the OFM website were adjusted by the reporting cities
Multi -Unit Housing Tax Incentives 2007 -2010
9
77
Table 1
Comparison of New Housing Units in Cities Using Property Tax Exemptions 2007 to 2010
Total New Housing Housing Without Tax Housing With % Housing Without % Housing With Tax
Exemptions Tax Exemptions Tax Exemptions Exemptions
Renton 3,775 2,298 1,477.00 61% 39%
Seattle 16,549 13,576 2,973.00 82% 18%
Shoreline 738 650 88 88% 12%
Spokane 1,712 1,259 453 74% 26%
Tacoma 2,426 1,458 968 60% 40%
Everett 1,161 1,090 71 94% 6%
Wenatchee 310 287 23 93% 7%
Kirkland 1,123 1,071 52 95% 5%
Burien 529 405 124 77% 23%
Total 28,323 22,094 6,229 78% 22%
It should be noted that Moses Lake did not report additional data; therefore, only data from the
other nine jurisdictions were used in the following evaluation.
Between 2007 and 2010, nine cities provided property tax exempt certificates. These certificates
include over 6,000 housing units. During that same period, these cities added more than 28,000
housing units. The number of housing units created using property -tax exemptions represents 22
percent of the total new housing units generated in the nine participating cities from 2007 to
2010.
Between 2007 and 2010 approximately 100,978 housing units were added in Washington
overall, according to OFM's estimate. Approximately 28 percent of all these new housing units
were built in the nine participating cities. The number of units produced using property tax
exemptions represents more than 6 percent of the total new housing units produced in the state of
Washington during the same four -year period.
Table 2 below illustrates the percentage of new housing units built using property tax
exemptions. The gray portion of each column is the percentage of the total new housing units
built using property tax exemptions. The black portion represents the percentage of new housing
units built without exemptions. Large portions of the new housing units built in Renton and
Tacoma from 2007 to 2010 were built using property tax exemptions.
Multi -Unit Housing Tax Incentives 2007 -2010
78
10
Table 2
Percentage of Total Housing Units Built Using Property Tax Exemptions 2007-2010
% Housing Without Tax Exemptions .; % Housing With Tax Exemptions
120%
100%
80%
60%
40%
20%
VW60
• 474
0 z.
.c•e"
sg,
cis e •sk-
(2> (Z)
C;(\ ce
Property tax exemptions appear to have some impact on the generation of new housing units. At
least in the participating cities, about one in five housing units built between 2007 and 2010
relied upon property tax exemptions.
On average, new housing units exempt from property taxes represent 22 percent of the total new
housing units in the participating cities. The impact is particularly noticeable in Renton and
Tacoma, where housing with tax exemptions account for nearly 40 percent of the total housing
units constructed from 2007 to 2010. In Spokane and Burien, it accounts for 26 percent and 23
percent, respectively. In Seattle it accounts for 18 percent and in Everett and Kirkland it accounts
for less than 10 percent of the total new housing units.
2. Do property tax exemptions generate new affordable housing?
Property tax exemptions appear to generate affordable housing units only when municipal
ordinances require that they do and with additional incentives added. Seattle requires affordable
housing to be provided in both the 8-year and the 12-ycar programs (the 8-year exemption only
applies to homeownership projects with less than 20 percent affordable units, but they still must
be sold to an income-qualified buyer). The other jurisdictions do not have those requirements.
As a result, 26 percent of the housing units built in Seattle using property tax exemptions were
affordable. In Spokane and Everett, the numbers of affordable units were lower - 17 percent and
11 percent, respectively. Kirkland reported that 10 percent of the units were affordable, and in
Renton only 6 percent. The other cities did not report any affordable units during the 2007-10
period. Table 3 below compares the number of affordable and market rate housing units. The
information was derived from the annual reports submitted by each of the participating cities.
Multi-Unit Housing Tax Incentives 2007-2010
11
79
Table 3
Comparison of Affordable and Market Rate Housing Units 2007 - 2010
Total Units Affordable Market Rate % Affordable % Market Rate
Renton 1477 92 1385 6% 96%
Seattle 2,973 1346 1627 26% 74%
Shoreline 88 0 88 0 100%
Spokane 453 78 375 17% 83%
Tacoma 968 0 968 0% 100%
Everett 71 8 63 11% 89%
Wenatchee 23 0 23 0 100%
Kirkland 52 5 47 10% 90%
Burien 124 0 124 0% 100%
Totals 6,118 1524 4589 25% 75%
Seattle 2,973 1346 1627 45% 55%
Remainder 3,145 178 2962 6% 94%
Table 4 below illustrates the percentage of affordable housing units to market rate housing units
in each of the participating cities. The gray portion of each column represents the percentage of
housing units that were rented or sold at market rate prices. The black portion represents the
percentage rented or sold that was affordable to lower- income households.
Multi -Unit Housing Tax Incentives 2007 -2010
80
12
Table 4
Percentage of Affordable vs. Market Rate Housing Units 2007-2010
%Affordable % Market Rate
Approximately 87 percent of the total affordable housing units are located within the city of
Seattle. In the other cities, only 6 percent of the housing units were affordable. This fact
underscores the point that property tax exemptions generate affordable housing units only when
municipal ordinances require that they do — Seattle requires affordable housing for both the 8-
year and the 12-year.
3. Did ESSHB 1910 increase the number of cities that provide property tax exemptions?
ESSHB 1910 decreased the population threshold for cities to qualify for property tax exemptions
from 30,000 people to 15,000 people. The reduction made 19 cities eligible to participate in the
incentive program, only two of which provided property tax exemptions during the first three
years: Wenatchee and Moses Lake. During the fourth year, none of the 19 cities provided
exemptions.
Based on the annual reports, reducing thc population threshold to 15,000 did not have a
significant impact on the number of cities participating in the property tax incentive program. A
variety of factors may have impeded the participation of smaller cities. For instance, the changes
took effect amidst a national housing crisis. This undoubtedly had an impact on the number of
property tax exemptions that were issued. Additionally, it has only been four years since the new
law was passed and some of these smaller jurisdictions may not have had time and resources to
review, design and approve the tax exemption program for use in their jurisdictions.
4. Is consultation with counties necessary in tax exemption decision making?
The tax exemption program affccts tax revenues of the state, county, and districts such as library,
park, and school districts. Involving all governmental entities affected by the exemption
program would help ensure full consideration of their perspectives. This issue of consultation
with counties was discussed by the Advisory Group convened by Commerce to develop the
process for annual report. The need to involve counties was vital, the group concluded.
Multi-Unit Housing Tax Incentives 2007-2010
13
81
However, it was pointed out that informal coordination was happening at staff level and it is the
county assessor that processes the tax exemptions.
Survey responses from key cities indicate that some informal consultation with counties took
place. Everett reported that they did consult Snohomish County when the program was initially
established. The county supported the program, because they agreed that it would lead to
construction of housing that eventually would be paying property taxes, and without it, the
housing would not be built. Everett also pointed out that since the city would be providing
services to the housing, there was very little impact on the county from the program.
Seattle similarly reported good coordination with King County and Renton informally consulted
with the King County Department of Assessments when the Multi- Family Housing Property Tax
Exemption program was established there in 2003.
RECOMMENDATIONS /CONCLUSIONS
Establish a formal process in statute for early notification regarding this tax exemption.
A formal early notification process should be established and added to the legislation even
though an informal process was undertaken by participating jurisdictions. This would require
any jurisdiction participating in the tax exemption program to officially notify their county of
their intention to offer property tax exemption as authorized under RCW 84.14. This early
notification should include the projected amount of the tax exemption and the sunset date.
Is the property tax exemption effective?
(a) Housing as Economic Development Tool - The Case for Market Rate Housing:
Housing (especially multi -unit) - affordable or not - provides a broad range of benefits to the
communities in which it is located. It can enrich these communities, fill diverse and significant
market needs and most importantly, provide economic benefits through its construction.
Jurisdictions benefit from the construction of new housing units or rehabilitation of existing
properties through the jobs created to produce or rehabilitate them. Economic benefits also
result from the creation of the products that go into these buildings and the jobs related to the
design, finance and management of the projects.
In addition to the job creation and tax revenue benefits at the local level, new multi -unit
construction also produces "ripple effects" as the construction wages generated by the project are
spent on local goods and services and as the new residents begin spending in the local economy.
According to the National Association of Homebuilders, a typical 100 -unit housing development
project generates, over 10 years, 445 jobs, $15.5 million in local income, and $2.6 million in
local taxes. Once the project is completed, ongoing economic benefits are generated in the form
of property taxes, employment for people who work to manage and maintain the units, and
consumer spending by the occupants.
Benefits are also generated by the more efficient delivery of services from both the public and
private sectors because of the greater densities associated with multi -unit developments. The
multi -unit housing authorized under this legislation is required to be located in designated
Multi -Unit Housing Tax Incentives 2007 -2010
82
14
centers within the Urban Growth Areas (UGAs). If these UGAs are appropriately sized and
designated, and services and facilities provided effectively and efficiently, additional benefits
and efficiencies would be realized depending on the scale of the development. These include
sprawl reduction, more efficient land uses resulting in greater densities, more efficient multi -
modal traffic /transportation (transit, light rail, pedestrian), lower carbon footprint, more efficient
infrastructure and utilities (cost effective sewer, roads, water, gas) and other services such as
parks, schools, library, police and fire.
In a mixed -use project in a town center as authorized in this legislation, new businesses, retail,
restaurants and professional services attracted to these new mixed used buildings would generate
significant revenues for the community in the form of sales tax and business and occupation
licenses and fees. This is in addition to the benefits from construction activities.
In Everett, the downtown is the only center in which the multi -unit property tax exemption is
allowed, unlike some other cities where the exemption is much more broadly available across
their communities. Everett purposely kept the area narrow to encourage market rate housing in
their downtown. The downtown had experienced very little housing development over the
preceding 20 years, most of which was subsidized low income housing. The city had been
successful in getting low income housing without the tax exemption program, and really needed
market -rate housing to create more balance in the downtown center. This program successfully
attracted developers to the area. Each of the developers who has used the program, either with or
without the affordable housing option, indicated they could not have developed their projects
without the benefit of the tax exemption.
According to the City of Everett, the program as amended in 2007 is producing both market rate
and affordable housing: "We believe this is one of the best innovations ever to come out of the
legislature in support of GMA. The intent was to stimulate housing development in centers. The
8/12 year compromise bill was a win for both the cities that need more affordable housing, and
the cities that need housing of all types in their urban centers. Our recommendation is to leave
the program alone with respect to the affordable housing issue. It has worked well in Everett to
encourage both affordable and market rate housing that would never have been built without the
property tax exemption. The program has tipped the balance so that housing can be viable as
part of the redevelopment of our downtown "3.
Seattle has noticed significantly more program interest by private developers due to the
economic downturn. The program helps projects reach financial feasibility in the current
economic climate.
(b) Workforce Housing — The Case for Affordable Housing:
In her veto message and directives to Commerce, the Governor emphasized the need for
"evidence of the effectiveness of the tax exemption program in increasing affordable housing ".
The 2007 — 2010 Multi Family Tax Exemption Tables on pages 7 -8 show that a total of 6,201
housing units were produced under the program and 1,625 of these were affordable housing.
Most of these affordable units are located in Seattle, Renton and Spokane.
s Information contained in a report submitted by Allan Giffen, Director of Planning and Community Development, City of Everrett.
Multi -Unit Housing Tax Incentives 2007 -2010
15
83
All eight cities that issued tax exemption certificates adopted ordinances providing for the 8 -year
and the 12 -year tax exemption program. ESSHB 1910 requires 20 percent affordable housing
set -aside for the 12 -year exemption but not for the 8 -year. Seattle, however, requires affordable
housing be provided in both the 8 -year and the 12 -year programs.
It is important to point out that Seattle, Renton, Spokane, Everett and Kirkland produced
affordable housing during this reporting period and the other jurisdictions did not. In Seattle, the
explanation is that only projects with affordable housing are eligible to participate in either the 8
or 12 year program. Additionally, a number of Seattle non -profit housing developers have used
the tax exemption along with other public funds, and these funding sources require greater
affordability than the tax exemption program. Finally, Seattle granted a tax exemption certificate
to the Linden 143, a for -profit project financed with low income housing tax credits. This
project has 476 units, all of which are affordable to households at or below 60% of median
income.
Since July 22, 2007 (the effective date of the 8 -year and 12 -year exemptions under RCW 84.14),
Renton has received two exemption applications. One (Second & Main Apartments) was for the
8 -year exemption and the other (Liberty Square Apartments) was for the 12 -year exemption.
The city noted that Liberty Square would not have been possible without other public funds such
as equity tax credit investors and below- market rate financing (including federal low- income
housing tax credits, tax- exempt bond financing, Washington State Housing Trust Fund, King
County housing development funds and City of Renton CDBG funds).
According to the City of Renton, no developer has expressed an interest in using the 12 -year
exemption by itself without other significant public subsidies. The primary reason is that the
value of the additional 4 -year exemption does not adequately offset the projected lost revenue
associated. For example, meeting the affordable housing requirements for at least 20 percent of
the units for 12 years, the exemption benefit is too "shallow" to facilitate affordable housing by
itself. There is also the obvious reality that development in general is significantly lower due to
the national housing crisis and economic recession.
It should be noted, however, that jurisdictions such as Burien and possibly others in which no
affordable housing was produced during this reporting period may have projects with affordable
units in the pipeline. These units will be reported when the projects are completed and tax
exemption certificates issued. Everett did not produce any affordable housing until this reporting
period.
Based on the information reported to Commerce by the participating cities, the tax exemption
program is producing housing in a few, mostly larger jurisdictions (see Table 3 above). Both
market rate and affordable housing are being produced but market rate housing production
outpaces affordable housing during this reporting period (see Table 4). This could change next
reporting period if the affordable units now in the pipeline are completed and included in the
next annual report to Commerce.
Multi -Unit Housing Tax Incentives 2007 -2010
84
16
It is our conclusion that the tax exemption program is working for these local governments and
they are using it as needed to achieve different objectives. Some, including Renton, Tacoma and
Burien, are developing market rate housing in targeted areas and others, like Seattle, are
producing affordable housing. The program is achieving both policy goals included in the 2007
legislation (ESSHB 1910).
ACTION OPTIONS:
1. To continue providing for both policy goals, no change to the legislation is currently
needed. Leave the tax exemption program as amended, which allows participating
jurisdictions the option to use the 8 year program for market rate housing, the 12 year
program that requires some affordable housing, or both for a mix of housing.
2. If the policy goal of achieving affordable housing units is considered a higher priority, the
legislation could be amended to require that to receive the 8 -year tax exemption, a minimum
percentage of the housing units within a development (perhaps 10 or 15 percent) be affordable
units. However, it should be noted that this approach could have an adverse impact on achieving
market rate housing in some areas.
Multi -Unit Housing Tax Incentives 2007 -2010
17
85
86
Puget Sound Regional Council
Housing Innovations
program
Featured Tool: Multifamily Tax Exemption*
A state law (RCW 84.14) helps cities attract residential development. Cities may exempt multifamily housing from
property taxes in urban centers with insufficient residential opportunities. The city defines a residential target area
or areas within an urban center; approved project sites are exempt from ad valorem property taxation on the
residential improvement value for a period of eight or 12 years. The 12 -year exemption requires a minimum level
of affordable housing to be included in the development (at least 20% of the units or 100% if the building is solely
owner- occupied). The eight -year exemption leaves the public benefit requirement —in both type and size —to the
jurisdiction's discretion. The eight -year exemption carries no affordable housing requirement. Cities must pass an
enabling ordinance to enact the MFTE and to allow applications for the exemption.
What issue does a multifamily tax exemption address?
This tool encourages multifamily development and redevelopment in
compact mixed -use districts (urban centers) where housing and affordable
housing options are deficient. Through the multifamily tax exemption, a
jurisdiction can incentivize dense and diverse housing options in urban
centers lacking in housing choices or affordable units. MFTE can also apply
to rehabilitating existing properties and redeveloping vacant or underused
properties.
Where is the multifamily tax exemption most applicable?
Cities planning under the Growth Management Act (RCW 36.70a) that have
designated urban centers with a deficiency of housing opportunities are
eligible to implement this tool. In King, Pierce, Snohomish and Kitsap
counties, cities must have at least 5,000 in population. Cities must
designate eligible areas that contain urban centers. Urban centers —in the
context of the MFTE - enabling legislation —have a particular meaning:
"...a compact identifiable district where urban residents may obtain a
variety of products and services. An urban center must contain:
(a) Several existing or previous, or both, business establishments
that may include but are not limited to shops, offices, banks,
restaurants, governmental agencies;
(b) Adequate public facilities including streets, sidewalks, lighting,
transit, domestic water, and sanitary sewer systems; and
(c) A mixture of uses and activities that may include housing,
recreation, and cultural activities in association with either
commercial or office, or both, use." (RCW 84.14.010)
Based on the state law, designated districts are commercial or business districts with some mix of uses. Such areas
may exist in downtowns, commercial corridors, or other intensively developed neighborhoods. Examples of
designated districts throughout the central Puget Sound region are listed in the model policies, regulations and
other information section below.
Tool Profile
Focus Areas
• Urban Centers
• Transit Oriented Development
• Expensive Housing Markets
Housing Types
• Multifamily
• Ownership
• Rental
• Market Rate
• Subsidized
Affordability Level
• 80 to 120% AMI
• Lessthan80 %AMI
Goal
• Affordability
* Tool considered very effective for producing
units at less than 80% AMI.
Case Studies
• Burien Multifamily Tax Exemption
• Lynnwood Multifamily Tax
Exemption
• Tacoma Multifamily Tax Exemption
MFTEs have been effective in producing multifamily units in the region's larger cities. Since its inception, the MFTE
law has been expanded to include smaller cities. The effectiveness of this tool in larger jurisdictions could make it
an attractive tool for smaller and moderate -sized cities that meet the population threshold.
Multifamily tax exemptions can encourage relatively dense attached flats or townhomes, in mixed -use projects or
residential complexes, which means this tool is particularly useful in urban centers and transit- oriented
Puget Sound Regional Council
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developments. Dense development is also economically efficient in expensive housing markets, and can reduce
housing costs.
What do I need to know about using or developing a multifamily tax exemption?
The MFTE implementation process is guided by state law in RCW 84.14. In general, the process includes preparing
a resolution of intent to adopt a designated area, holding a public hearing and adopting and implementing
standards and guidelines to be utilized in considering applications for the MFTE. Among other criteria, the
designated area must lack "sufficient available, desirable, and convenient residential housing, including affordable
housing, to meet the needs of the public who would be likely to live in the urban center, if the affordable,
desirable, attractive, and livable places to live were available" (RCW 84.14.040). A property owner applying for an
MFTE must meet the criteria (per RCW 84.14.030) summarized here:
• The new or rehabilitated multiple -unit housing must be located in city- designated residential target areas
within the urban center.
• The project must meet local government requirements for height, density, public benefit features, number
and size of proposed development, parking, income limits for occupancy, limits on rents or sale prices, and
other adopted requirements.
• At least 50% of the space in the new, converted or rehabilitated multiple -unit housing must be for permanent
residential occupancy. Existing occupied multifamily developments must also provide a minimum of four
additional multifamily units.
• New construction multifamily housing and rehabilitation improvements must be completed within three years
from approval.
• The applicant must enter into a contract with the city containing terms and conditions satisfactory to the local
government.
The exemption is recorded with the County Assessor. Developments that violate the terms of the exemption are
required to pay back the exempted tax amounts, plus interest, and a penalty fee.
Cities considering the program need to weigh the temporary (8 -12 years) loss of tax revenue against the potential
attraction of new investment to targeted areas. MFTE projects could be catalysts for other private investment if
they help prove an area is desirable. Pairing the MFTE with other tools that affect density and cost reductions may
help the city achieve higher density and affordable housing in designated mixed -use and commercial areas. These
tools include:
Featured Tools:
• Density Bonuses
• Transit Oriented Development Overlays
• Parking Reductions
Other Tools:
• Mixed -Use Development
• No Maximum Densities
• Planned Action EIS (see in particular the SEPA residential and mixed -use exemption option)
Creating a Multifamily Tax Exemption Program
A typical planning process (gathering information, conducting public outreach and considering ordinances),
together with the specific requirements of state law, will guide the development of an MFTE program:
Determine Residential Target Areas. Cities will need to consider the state law's "urban center" definition which
addresses existing commercial businesses, mixed uses and infrastructure.
Analysis. To support the urban center and residential target area designations, a jurisdiction should map or collect
data on current uses, services and capital facilities. The data and analysis should demonstrate that the area lacks
Puget Sound Regional Council
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sufficient residential housing, including affordable housing. Estimating the tax revenue and other cost - benefit
implications of the MFTE program can help to determine whether the program would help achieve housing goals.
For example, prior to adopting an MFTE ordinance, the City of Lynnwood prepared an analysis of tax revenue that
would be foregone should the ordinance be adopted. In terms of other cost - benefits, jurisdictions can calculate the
short -term construction and sales tax revenues and employment gains that stem from the development. (See case
studies below.)
Conduct Public Outreach. The MFTE statute suggests that a jurisdiction considering an MFTE program issue a
resolution of intention to designate an urban center and residential target area(s). The resolution should also
identify the time and place of a hearing. Cities must hold a public hearing on the proposed MFTE ordinance and
follow notification schedules listed in the statute. While crafting the ordinance, cities will also want to involve
stakeholders, including developers of multifamily and condominium housing, affordable housing developers and
advocacy groups, and major land owners and businesses in the residential target areas. See Citizen Education and
Outreach for strategies to involve the public and stakeholders.
Determine Standards. The state affords jurisdictions wide latitude to design their MFTE laws to meet local
planning goals. Proposals must meet local zoning and development standards and any affordability and occupancy
criteria the jurisdiction sets. Based on the intent of the MFTE, key decisions to shape the ordinance include:
• Encouraging more versus Tess participation from developers. The threshold number of units to qualify for
the exemption and public benefit requirements could influence the level of participation by developers. A
low threshold and limited public benefit requirements, for example, might make the program more
accessible to developers, but yield a smaller return in public benefit for foregone revenue. A high
threshold and demanding public benefit requirement, however, might make the program unattractive to
developers. Striking a balance between requirements, goals and attractiveness is essential to a successful
MFTE program.
• Encouraging affordable housing versus market -rate housing. RCW 84.14 allows cities to provide a bonus
for affordable housing provision by allowing 12 years of tax exemption, versus the eight years offered for
market -rate developments. Cities could further encourage developers to opt for the 12 -year exemption
by setting a threshold number of units or public benefit to attract development. Offering other incentives
(e.g., density bonuses, flexible single family development regulations) along with the MFTE can strengthen
interest in affordable development in the city.
• Encouraging more rental or ownership housing. The law provides incentives for affordable multifamily
rental housing where the whole development is eligible for the tax exemption if at least 20% of the units
are affordable to low- and moderate - income households. To receive the 12 -year exemption, buildings
intended to be entirely owner - occupied must price all of their units affordably for moderate - income
households. Setting a threshold number of rental versus ownership units could influence the type of tax
exemption applications received in favor of a particular tenure.
• Ensuring that affordability endures. Affordable units may be at risk of losing their affordable status both
at the end of the MFTE time period and during its existence if a developer decides to opt out of the
program. Requiring affordability covenants for these units is one method for preserving affordability.
Implementation. State law requires an application process and procedures. Cities will need to allocate staff and
resources to reviewing applications. A fee may be charged for the request. The agency has 90 days to approve or
deny the application.
Monitoring. The law requires regular reporting by applicants and by cities. Upon construction and annually
thereafter, the property owner must file reports containing information such as occupancy, vacancy, and other
items required by the city. Cities will also want to make sure that these requirements are not too onerous. In some
Puget Sound Regional Council 3
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cases, partnerships between non - profits and for - profits to ensure secure income certifications and monitoring may
be helpful.
Cities must report to the State of Washington Department of Commerce annually by December 31 regarding
certificates granted, unit types, monthly rent and sales costs, and other information. Cities could use these regular
reports to monitor the success of the program and build supporting data for future program goals. Some cities
establish a sunset clause by which time the city may re -adopt or let expire the tax exemption program.
Model Policies, Model Regulations, Other Information
State of Washington: RCW 84.14
See adopted ordinances of the following cities at: http: / /www.mrsc.org /codes.aspx
• Bremerton: Downtown Core and Multiple Residential Zones
• Burien: Downtown Commercial Zone
• Everett: Downtown and vicinity
• Kirkland: Central Kirkland /Houghton; Totem Lake and North Rose Hill; Juanita; and NE 85th Street
• Lynwood: City Center
• Puyallup: central business district (CBD) and certain areas south of the CBD
• SeaTac: 154th Street and SeaTac /Airport Station Areas
• Seattle: 39 neighborhoods or districts
• Shoreline: Ridgecrest District
• Tacoma: 17 mixed -use centers designated on the Generalized Land Use Plan and in the Comprehensive Plan
Puget Sound Regional Council 4
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Cities That Have Adopted Multi - Family Property Tax Exemption Programs
• Auburn Municipal Code Ch. 3.94 - Multifamily Property Tax Exemption -
http : / /www.codepublishing.com/wa/ auburn /html /auburn03 /auburn0394.html #3.94
• Bellingham Municipal Code Ch. 17.82.030 - Tax Exemptions for Multi - Family Housing
in Targeted Residential Areas
http: / /www.cob.org /web /bmcode.nsf /f6281 a531e9ead4588257384007b2367 /a41317c553
ccbb848825680f00835eac ! OpenDocument
• Bremerton Municipal Code Ch. 3.78 - Multifamily Property Tax Exemption
http : / /www.codepublishing.com /wai Bremerton/ html /Bremerton03tBremerton0378.html#
3.78
• Burien Municipal Code § 19.45.030 — Tax exemptions for multi - family housing in
residential target areas http:// www .burienwa.gov /DocumentView.aspx ?DID =364
• Des Moines Municipal Code Ch. 3.96 - Multifamily Tax Exemption
http: / /www.codepublishing. com /wa/desmoines/ html /DesMoines03 /DesMoines0396.html
• Everett Municipal Code Ch. 3.78 Multifamily Housing Property Tax
Exemption http: // www.. mrsc. or g/ mc/ everett /everet03 /everet0378.html
• Federal Way Municipal Code Ch. 3.30 Multifamily Dwelling Unit Limited Property Tax
Exemption http: / /www.codepublishing. com/ WA/FederalWay /html /FederalWay03 /Feder
al W ay0330.ht.m1 #3.30
• Kenmore Municipal Code Ch 3.65 - Multifamily Housing Property Tax
Exemption http: // www .codepublishing.com /wa/Kenmore /html /Kenmore03 /Kenmore036
5.html
• Kent Municipal Code Ch. 3.25 Multifamily Dwelling Tax Exemptions
http: / /www.codepubli shing. com /W A /Kent /html /Kent03 /Kent0325.html #3.25
• Kirkland Municipal Code Ch. 5.88 Multifamily Housing Property Tax Exemption
http : / /k.irklandcode.ecitygov.net /kirk htm/K.irk05.html #5.88
• Lakewood Municipal Code Ch. 3.64 - Tax Incentive Urban Use Center Development
http://www.municode.cityoflakewood.us/show-chapter.php?chap=232
• Longview Municipal Code Chapter 16.60 PROPERTY TAX INCENTIVES IN
RESIDENTIAL TARGETED AREAS
http: / /www.codepublishing .com /wa/.longview /html. /Longview 1.6/Longview 1660.html
• Lynnwood Municipal Code Ch. 3.82 - Multiple -Unit Housing Property Tax
Exemption http: / /www. mrsc. org/ mc/ lynnwood /Lynnwood03 /Lynnwood0382.htinl
• Marysville Municipal Code Chapter 3.103 MULTIFAMILY HOUSING PROPERTY
TAX EXEMPTION
http: / /www.codepublishing. com /wa/marysville/ html / Marysv ille03 /.Marysville03103.html
• Mercer Island Municipal Code Chapter 4.50 MULTIFAMILY HOUSING PROPERTY
TAX EXEMPTION
http: / /www.codepub.lishing. com /WA/Mercerlsl and/ htm l/MercerIsland04 /MercerIsland04
50.htm1
91
• Moses Lake Municipal Code Ch. 18.23- Multi - family Housing Tax Exemption —
http: / /ci.moses- lake.wa.us /files /documents /mun.icipal code /CHAP1823.pdf
• Mountlake Terrace Chapter 3.95 PROPERTY TAX ABATEMENT PROGRAM FOR
QUALIFIED MULTIFAMILY RESIDENTIAL DEVELOPMENT -
http: / /www.codepubli shi n g.com/WAf MountlakeTerrace /htm l /MountlakeTerrace03 /Moun
tl akeTerrace0395.html
• Newcastle Municipal Code Chapter 3.60 URBAN CENTER DEVELOPMENT -
http: / /www.codepublishing. com /WA/ Newcastle/ html/ Newcastle03/Newcastle0360.html#
3.60
• Olympia Municipal Code Ch. 5.86 - Multi - family Dwelling Tax Exemptions
http: / /www.codepublishing. com/ wa/ oympia/ htm .1 /Olympia05 /O1ympia0586.html #5.86
• Puyallup Municipal Code Ch. 3.70 - Property Tax Incentives in Residential Targeted
Areas http: / /www.codepublishing. com/ WAIPuyal lup/ html /Puyallup03 /Puyallup0370.ht
rnl #3.70
• Renton Municipal Code, section 4 -1 -220 PROPERTY TAX EXEMPTION FOR
MULTI - FAMILY HOUSING IN RESIDENTIAL TARGETED AREAS:
http: / /www.codepublish ing. com /WA/ Renton /html /Renton04/Renton040.1 /Renton040122
0.html
• SeaTac Municipal Code Ch. 3.85 Multi- Family Property Tax Exemption
http: / /www.codepublishing. cam/ wa/ seatac /html /Seatac03 /Seatac0385.html
• Seattle Municipal Code Chapter 5.72 MULTIFAMILY HOUSING PROPERTY TAX
EXEMPTION http: / /clerk.ci.seattle.wa.us /scripts /nph-
brs.exe?s 1=&s2= tax +exemption +multi -
family&S3=&Sect4= AND& 1= 20 &Sect3= PLURON &Sects =CODE 1. &d= CODE &p =1 &u
= %2F%7Epublic %2Fcode l .htm &r= 0 &Sect6= HITOFF &f =S
• Shoreline Municipal Code Chapter 3.27 PROPERTY TAX EXEMPTION -
http : / /www.codepublishing.comlwa/ shoreline/ html /Shoreline03 /Shoreline0327.html #3.27
• Spokane Municipal Code Ch. 8.15- Multiple - family Housing Property Tax Exemption
http: / /www. spokanecity.org/ services /docu.ments /smc/ ?Chapter =08.15
• Tacoma Municipal Code §13.17.030 - Tax Exemption for Multi- family Housing in
Target Areas - http:// www .mrsc.org /ords /t3c13- 1.7.pdf and Economic Evaluation of
Property Tax Exemption Program - http:// www. cityoftacoma.org /Page.aspx ?nid =456
• Vancouver Municipal Code Ch. 3.22 - Multifamily Housing Tax Exemption
http: // www. cityofvancouver .us /MunicipalCode .asp ?menuid = 10462 &submenuID =10478
&title =title 3 &chapter= 22 &VMC= index.html
• Walla Walla Municipal Code Ch.2.28 — Multi - Family Housing Tax Incentives
http: // www .codepublishing.com /WA /WallaW alla/WallaWalla02 /W allaWalla0228.html#
2.28
• Wenatchee Municipal Code Ch. 5.88 — Property Tax Exemptions for Eligible
Improvements in Residentially Deficient Urban Centers
http : / /www.codepublishing.com/WA/ Wenatchee/ html /Wenatchee05 /Wenatchee0588.htm.
1 #5.88 and Multi- family Housing Tax Incentive -
hap://www.wenatcheewa.gov/Index.aspx?page=347
• Yakima Municipal Code Ch. 11.63 — Downtown Redevelopment Tax Incentive Program
— http: / /www.codepublishing. com /WA/Yakima/Yakimal. l/Yakima1.1.63.htm1 #11.63
92
Projects Currently Receiving Multi - Family Property Tax Exemptions in King County
As of November 2014
AUTHORIZING
NTITY
ENTITY (CITY)
( )
TOTAL
PROJECTS
TYPE OF PROJECT(S)
EXEMPTION TERM
Residential
Rental
Residential
For -Sale
Mixed Use
8 -yr
10 -yr
12 -yr
BURIEN
1
0
0
1
0
1
0
KIRKLAND
3
1
0
2
2
0
1
RENTON
8
3
1
4
0
7
1
SEATTLE
82
28
3
51
0
10
72
SHORELINE
1
1
0
0
0
1
0
Data provided by King County Assessor's Office 11/5/14
93
2014 Property Tax Levies By Taxing District
Levy Code Area
2340 2380 2390
Consolidated levy
State school fund $ 2.47044
County $ 1.51605
Port $ 0.21533
Subtotal $ 4.20182
City $ 2.97799
Renton School District $ 5.40495
Tukwila School District $
Hospital $ 0.50000
Library $ 0.56175
EMS $ 0.33500
Flood Control Zone $ 0.15369
Ferry $ 0.00349
Tukwila Pool Metropolitan Park District $ 0.14944
$ 14.28813
2.47044 $ 2.47044
1.51605 $ 1.51605
0.21533 $ 0.21533
4.20182 $ 4.20182
2.97799 $ 2.97799
- $
5.89098 $ 5.89098
$ 0.50000
0.56175 $ 0.56175
0.33500 $ 0.33500
0.15369 $ 0.15369
0.00349 $ 0.00349
0.14944 $ 0.14944
14.27416 $ 14.77416
Number of parcels in target area 11 6 25
(1) Levy rate is shown in dollars per thousand of valuation
(2) The three levy code areas within the proposed multi - family property tax
exemption residential targeted area are #s 2340, 2380, and 2390.
(3) Code area 2340 is south of Strander Blvd.
(4) Code area 2380 is north of Blacks Road.
(5) Code area 2390 is south of Blacks Road and north of Strander.
(6) Updated by Office of Economic Development 11/5/14
94
Multi - Family Property Tax Exemption
Example of Annual Value to Property Owner
Levy Rate
Assessed Value of Qualifying
Residential Portion
$1 Million $100 Million
Consolidated levy
State school fund $ 2.47044 $ 2,470 $ 247,044
County $ 1.51605 $ 1,516 $ 151,605
Port $ 0.21533 $ 215 $ 21,533
Subtotal $ 4.20182 $ 4,202 $ 420,182
City $ 2.97799 $ 2,978 $ 297,799
Renton School District $ $ $ -
Tukwila School District $ 5.89098 $ 5,891 $ 589,098
Hospital $ 0.50000 $ 500 $ 50,000
Library $ 0.56175 $ 562 $ 56,175
EMS $ 0.33500 $ 335 $ 33,500
Flood Control Zone $ 0.15369 $ 154 $ 15,369
Ferry $ 0.00349 $ 3 $ 349
Tukwila Pool Metropolitan Park District $ 0.14944 $ 149 $ 14,944
$ 14.77416 $ 14,774 $ 1,477,416
Savings to property owner: $ 14,774 $ 1,477,416
(1) Levy rate is shown in dollars per thousand of valuation and reflect 2014 rates.
(2) This table shows the annual value (or savings) received by a property owner
who is approved for a property tax exemption on the value of multi - family
(3) residential development. This table shows two examples: a development
(4) valued at $1 million and a development valued at $100 million.
(5) Per Office of Economic Development 11/5/14
95
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor
City Council
FROM: Economic Development Administrator
DATE: November 19, 2014
SUBJECT: Property Value Estimate for Washington Place
At the Community Affairs and Parks Committee (CAP) meeting on November 12, the Committee
discussed the proposed Multi-Family Property Tax Exemption Incentive program and forwarded
the item to the City Council meeting on November 24 for a public hearing and discussion. The
CAP requested an estimate of the property taxes agencies would receive without the program
as compared to with the program.
The actual effects of the exemption are challenging to predict with certainty because they hinge
on a variety of subjective assumptions such as what development would occur without the
exemption, when the developments would occur, and whether the exempt development
stimulates additional non-exempt development. As such, we have attached an exhibit that tries
to help answer that question by using the future Washington Place development as an example.
In the Washington Place example, the site is currently a vacant, former Circuit City retail
building. If the building were renovated to be a retail establishment the improvements would
likely add approximately $8.3 million to the property tax roll. If the property were instead
redeveloped with 370 apartments and a 189 room hotel, the improvements would be at least
$75 million. The hotel portion would be approximately $25 million, or three times the value of
the retail building.
Under these assumptions, even during the eight year exemption period the property tax
exemption program would generate nearly three times the property taxes as the base case. It is
important to note that these results are specific to that site and would likely be different for other
properties.
Please contact me at Derek.speck@tukwilawa.gov or 206-433-1832 if you would like to discuss
this or have any questions.
96
Comparison of Effects on Property Tax Roll
With and Without Multi - Family Property Tax Exemption Incentive
Washington Place Example
Year Value of Taxable Improvements
of Scenario 1: Scenario 2: Mixed -Use High Rise Development
Year Exemption Retail Store Retail Residential Hotel Total
2015 $ 1,300,000 $ 1,300,000 $ $ - $ 1,300,000
2016 $ 1,313,000 $ 1,313,000 $ $ - $ 1,313,000
2017 1 $ 8,300,000 $ $ - $ 25,000,000 $ 25,000,000
2018 2 $ 8,383,000 $ - $ $ 25,250,000 $ 25,250,000
2019 3 $ 8,466,830 $ $ - $ 25,502,500 $ 25,502,500
2020 4 $ 8,551,498 $ $ - $ 25,757,525 $ 25,757,525
2021 5 $ 8,637,013 $ $ $ 26,015,100 $ 26,015,100
2022 6 $ 8,723,383 $ - $ - $ 26,275,251 $ 26,275,251
2023 7 $ 8,810,617 $ $ $ 26,538,004 $ 26,538,004
2024 8 $ 8,898,723 $ - $ - $ 26,803,384 $ 26,803,384
2025 $ 8,987,711 $ - $ 50,000,000 $ 27,071,418 $ 77,071,418
2026 $ 9,077,588 $ - $ 50,500,000 $ 27,342,132 $ 77,842,132
Notes and Assumptions
(1) This table displays the estimated effects on the property tax roll for the Washington Place
project under two different development scenarios.
(2) Scenario 1 assumes the property continues to be used for a single story retail store, similar
to the former Circuit City. The 2015 assessed value of the currently vacant 41,500 square foot
building is $1.3 million. The estimate assumes the building is renovated at a cost of $200
per square foot and opens in 2017.
(3) Scenario 2 assumes the property is redeveloped with 370 apartments and 189 hotel rooms
with the taxable residential portion valued at $50 million and the taxable hotel portion
valued at $25 million.
(4) Scenario 2 assumes the City approves an eight year exemption on the value of the multi-
family portion of the new construction.
(5) The values would continue beyond 2026.
(6) The estimates do not include land value since that would be assessed the same in both
scenarios. The 2015 assessed value of the land is nearly $3 million.
(7) The table reflects taxable value, not property taxes. The amount of property tax for a
particular taxing district would be the taxable value multipled by the district's levy rate.
It is possible the likely development under Scenario 1 would not be a retail store but some
other use such as a hotel (smaller than in Scenario 2).
This example may not apply to other properties within the multi - family property tax
exemption program's targeted area.
97
98
Community Affairs & Parks Committee Minutes November 12, 2014 - Page 2
C. Ordinance: Development Agreement for Proposed Hotel at 90 Andover Park East
Staff is seeking Council approval of an ordinance to approve a development agreement with
Tukwila TSD, LLC for the use of parking in a public right -of -way in exchange for the construction
of a public pocket park. Tukwila TSD LLC proposes to build a new five -story hotel at 90 Andover
Park East with approximately 90 guest rooms. A site plan demonstrates that the 90 required
parking stalls cannot be accommodated, so the developer proposes a shared parking and drive
aisle area in the right -of -way of Christenson Road in exchange for developing a public pocket
park in the cul -de -sac area nearby. The proposed pocket park will be built and maintained by
the developer who will also provide public access through the property and construct a
pedestrian connection to the park and the trail. The initial term of the agreement is for 50 years
with an option to extend for an additional 30. The agreement includes several termination
clauses that protect the City in the event of failure to obtain permits or complete construction,
failure to maintain the park and /or parking areas, property redevelopment or use change, and
WSDOT actions to widen 1 -405.
Councilmember Robertson noted that the proposed pocket park is in an isolated area that is
already close to an existing natural amenity - the river and trail. He proposed an alternative that
would allocate the funds specified in the development agreement for the pocket park to go
toward a tree planting project in the area of the river bank across Christensen Road. Tables
and benches could be added as well. Planting trees is a key component of regional efforts to
restore aquatic ecosystems and salmon habitat in the Green - Duwamish watershed. In this
proposal, the developer would provide the money and the City could assume responsibility for
the project, either alone or in concert with a group already doing this kind of restoration work.
Committee members and staff discussed the original and the alternative proposals. The
Committee agreed they do not want to delay the agreement or add costs for the developer.
They support the alternative if those conditions are met, and if they are not, they will support the
original pocket park. Staff suggested that if there is majority Council direction, then staff could
further review the alternative proposed by Councilmember Robertson to include Public Works
and Parks. The Committee agreed to forward the item for Committee of the Whole discussion
to include the original proposal and additional analysis relating to the alternative proposal. The
Committee of the Whole will select the preferred option. FORWARD TO NOVEMBER 24, 2014
COMMITTEE OF THE WHOLE WITH ADDITIONAL OPTION AS DISCUSSED.
D. Ordinance: Multi- family Property Tax Exemption in Tukwila Urban Center.
Staff is seeking Council approval of an ordinance to designate a portion of Tukwila's Transit
Oriented Development (TOD) District as a "residential targeted area" and approve a multi - family
property tax exemption program to incentivize new housing in that area. The proposed area is
that portion of the TOD District that lies west of the Green River, comprising 42 parcels and
three property tax levy code areas. Qualifying projects would be exempt from ad valorem
property taxes for eight years, or for twelve is specific affordable housing criteria are also met.
Staff is proposing a sunset clause under which applications will only be accepted through the
end of 2016. To address concerns about condominium owners renting out their units the
proposed ordinance includes criteria that the exemption can only be used on units used for
permanent residential occupancy.
99
Community Affairs & Parks Committee Minutes November 12, 2014 - Pape 3
Staff recommends the provision of this incentive on the grounds that multi - family housing
developers are hesitant to build in this area because the price of rents is an unknown factor,
making it difficult to attract financing. An incentive can be a useful tool for the City to attract
these projects, as is the case in Burien with the Burien Town Square Development.
Councilmembers and staff discussed the proposal. All committee members expressed support
for development incentives but requested additional analysis on revenue impacts for Committee
of the Whole discussion. Staff also offered to include a market analysis on the probability of
school -aged children living in the proposed Washington Place development. Washington Place
representatives have indicated that they will apply for this program if it is approved. NO
RECOMMENDATION. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE WHOLE
WITH ADDITIONAL INFORMATION.
III. MISCELLANEOUS
Meeting adjourned at 7:27 p.m
Nex :'. eeting: Tuesday, November 25, 2014, 5:30 p.m.
Committee Chair Approval
Minutes by LH
100
COUNCIL AGENDA SYNOPSIS
Meeting Date
Prepared by
Ma or's retztex
Council review
11/24/14
TG
Z Resolution
Mtg Date 12/1/14
E Ordinance
Mtg Dale
12/01/14
TG
[il Other
Mts Date
SP ON SOR J Council L Mayor HR E DCD LI FYnance hire LJ IT ' P&R Pal ce J P r
SPONSOR'S A resolution establishing a partnership between the Tukwila City Council and the Teens for
SUMMARY Tukwila.
RI NIF:WI,:1) BY E COW Mtg.
E Utilities Cmte
DATE: 11/12/14
I
CA&P Cmte
0 F&S Cmte 11 Transportation Cmte
0 Parks Comm. E Planning Comm.
COMMITTEE C]H[AIR: DUFFIE
1] Arts Comm.
RECOMMENDATIONS:
SPONSOR/ADMIN.
Commilvi'm
Parks & Recreation
ITEM INFORMATION
ITEM No.
4.C.
101
STAI;1; SPONSOR: TRACY GALLAWAY
ORIGINAL AGENDA DATE: 11/24/14
AGENDA ITEM TITLE Teens for Tukwila Charter & Resolution
CA'VEGORY Discussion
Mtg Date 11/24/14
0 Motion
Mtcg Date
Z Resolution
Mtg Date 12/1/14
E Ordinance
Mtg Dale
E Bid Award
Mtg Date
0 Public Hearing
Mtg Date
[il Other
Mts Date
SP ON SOR J Council L Mayor HR E DCD LI FYnance hire LJ IT ' P&R Pal ce J P r
SPONSOR'S A resolution establishing a partnership between the Tukwila City Council and the Teens for
SUMMARY Tukwila.
RI NIF:WI,:1) BY E COW Mtg.
E Utilities Cmte
DATE: 11/12/14
I
CA&P Cmte
0 F&S Cmte 11 Transportation Cmte
0 Parks Comm. E Planning Comm.
COMMITTEE C]H[AIR: DUFFIE
1] Arts Comm.
RECOMMENDATIONS:
SPONSOR/ADMIN.
Commilvi'm
Parks & Recreation
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
1.,:X1ENDI1URE REQUI ND AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Con2ments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/5/14
Resolution approving the Charter of Teens for Tukwila
Teens for Tukwila Charter
Minutes from the Community Affairs and Parks Committee meeting of 11/12/14
101
102
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs & Parks
FROM: Rick Still, Parks & Recreation Directo
BY: Tracy Gallaway, Parks & Recreation Superintendent
Nate Robinson, Teen Programs Specialist
DATE: November 5, 2014
SUBJECT: Teens for Tukwila Charter
ISSUE
Establishing a partnership between the Tukwila City Council and the Teens for Tukwila youth
group.
BACKGROUND
Teens for Tukwila are a group of high school students, primarily from Foster High School, who
want to make a positive impact on the Tukwila community. They are learning to become
leaders and a partnership with City Council is something the group desires.
Teens for Tukwila have established themselves as a group of teens making a positive impact in
the Tukwila community. The group has completed multiple community service projects in
Tukwila and around the region. Local projects include a clean-up at Cascade View Park, yard
work for a Tukwila senior citizen, homework help and participation in the after school program at
Showalter Middle School, and serving Tent City residents when they were in Tukwila. The
group has established relationships with State Representative Steve Bergquist, Representative
Zach Hudgins, and Senator Bob Hasegawa through participation in the annual Youth Action
Day event held at the Capital Campus in Olympia. The group has met with multiple City Council
members and has given two "year in review" presentations at City Council meetings.
DISCUSSION
The teen members created the Charter that sets forth the guidelines of a successful partnership
with Teens for Tukwila could look like for their involvement in providing a teen voice and
perspective on community/teen related topics.
RECOMMENDATION
It is the recommendation of the Parks & Recreation Department that the Council consider this
item at the November 24, 2014 Committee of the Whole Meeting and subsequent December 1,
2014 Regular Meeting.
ATTACHMENTS
Draft Resolution
Teens for Tukwila Charter
103
104
RAFT
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AFFIRMING ITS
COMMITMENT TO YOUTH ENGAGEMENT AND
APPROVING THE TEENS FOR TUKWILA CHARTER.
WHEREAS, young people are valued members of the community and have much
to offer as valuable participants in the work of local government; and
WHEREAS, youth engagement is supported by the City of Tukwila's Strategic Plan,
Goal 2, "A Solid Foundation for all Tukwila Residents;" and
WHEREAS, City leaders desire to foster meaningful opportunities for youth to make
a difference in those areas that are important to them; and
WHEREAS, Tukwila's youth are uniquely positioned to offer valuable insight into
the creation of youth - friendly City processes and culture; and
WHEREAS, Teens for Tukwila is an established and effective youth leadership
development group that provides its members with opportunities for learning, advocacy
and public service; and
WHEREAS, the City Council desires to establish a partnership with Teens for
Tukwila that is founded upon mutual respect and a shared commitment to community
service;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The City Council is dedicated to fostering civic engagement and youth leadership in
Tukwila and approves the Teens for Tukwila Charter as a framework for effective
collaboration.
W: \Word Processing \Resolutions \Teens for Tukwila Charter 11 -4 -14
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Page 1 of 2
105
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:
Rachel Turpin, City Attorney
Attachment: Teens for Tukwila — City Council Charter, October 2014
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106
Page 2 of 2
TD� � I L A
Teens for Tukwila
City Council Charter
October 2014
Teens for Tukwila is a group ofTukwila residents and high school students established through the
Tukwila Parks and Recreation Departrnent.
Teens for Tukwila's mission is to strengthen our cornmunity.
Teens for Tukwila shall:
I. Meet annually with Washington State elected officials at Youth Action Day.
7. Annually give a Year in Review presentation to the City of Tukwila City Council.
3. Participate in community, private, and global projects ondpadncohips.
4. Perform functions as may be required from partnerships. I.e. World Vision—Youth Enn-
powcrnucniProgranu, Imagine Scholars, and future partners.
5. Be open to Tukwila teens (High School age) who have a passion for their community.
6. Consist of equally ranked members.
7. Determine the content, tirne, and place of its meetings.
8. Report to the City Council bi-rnonthly (during the school year) on its activities and recom-
mendations via email and/or in person.
9. Review and change this charter when needcd.
10. Bring the concerns ofthe community to the City Council's attention
11. Teens for Tukwila would like the City Council to create trainings and/or workshops for the
group to attend in order to gain knowledge ofthe role of City Council.
12. Have a trial period, during the 2014-2015 school year, before a decision is made to partner
with the City Council long term.
13. Remain known as Teens for Tukwila and represent itself, and make decisions regarding the
group.
14. Work hand-in-hand with the City Council in service to the cornrnunity.
Community Center I2424-42nd Ave. 5- Tukwila, WA 206'768'2T[[ www.tukwilawa.gov
108
x�'^ Tukwila
City ��� � ���������a
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes
November Y2,2DY4-5:3Op.0.— Hazelnut Conference Room
PRESENT
COuDCi\rnBrnbers: Joe Duffie, Chair; Dennis Robertson, Verna Seal
Staff: Jack Pace, Derek Speck, Tracy Gailaway, Nate Robinson, Minnie Dhaliwal
Guests: Vanessa Z8puU|, Alex Zaputil, Residents; Brooke Alford, Planning Commission; Maranda
James, Alejandro Silva, Mohamed Abdi, Travis Boyd, Unique Hebert, TikeishaTnanON8-POrter.
Araik Fapyan, Gabriela Rosales, Teens for Tukwila; Omar Lee, Lyndia Lee, Calvin Lee,
Washington Place; Jerry Lee, Mulvanny Architecture
CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:30 p.m.
PRESENTATIONS
11. BUSINESS AGENDA
A. |ntadoco|Agreennert: Hearing Examiner Services
Staff is seeking Council approval to amend an existing interlocal agreement with the City of
Seattle for Hearing Examiner services to reflect increased 2015 rates. The current agreement
continues through December 31, 2016, and the City of Seattle is raising the rate from $105 to
$115 in 2015. For land use cases the cost is passed through to the applicant. Tukwila has
contracted with Seattle for these services since 2005. MAJORITY APPROVAL. FORWARD
TO NOVEMBER 17, 2014 REGULAR CONSENT AGENDA.
B. Resolution: Teens for Tukwila Charter
Staff is seeking Council approval of a resolution to approve the charter of the Teens for Tukwila
student group. Teens for Tukwila is a group of Tukwila high school students who make a
nomnnitnnenttoatrengthoningthacomnnunih/throughvnriounvo|unbaernndadvocmoyprojects.
They desire to establish a more formal and stable relationship with the City Council based upon
a shared goal of service to the community. Ms. Silva and Mr, Abdi spoke on behalf of the group
to review the Charter provisions. Committee members asked clarifying queotiono, and the
following highlights emerged:
• Teens for Tukwila will discuss at a future date the option of opening membership to
students from Highline School District and students who are honneschooled.
• The format of the bi-monthly report to Council can be written and submitted via email,
or delivered in person at a Committee or Council meeting.
• Because the Charter is approved by the Council via resolution, future amendments to
it must be approved by Council.
Staff distributed an amended version of the Charter that changed the opening sentence from
"Teens for Tukwila is a group of Tukwila residents..." to "Teens for Tukwila is made up of Tukwila
residents..." The Committee approved this amendment. UNANIMOUS APPROVAL. FORWARD
TO NOVEMBER 24, 2014 COMMITTEE OF THE WHOLE.
110
COUNCIL AGENDA SYNOPSIS
Meeting Date
Prepared by
Mayor's review
Council review
11/24/14
JT
CJ
ircuss ion
11/24/14
12/01/14
JT
11 Ordinance
Mtg Date
0 Bid Award
Mtg Date
E Public learing
Mtg Dale
E Other
Mtg Date
CAmcoRy 11 D
Mtg Date
Mtg
SPONSOR Council Z Mayor I /R E DCD J l"inance E 1 ire L 17' P&R E Police PIV
SP ONSole S Authorize the Mayor to sign a contract with PBS Engineering & Environmental for Design
SUMMARY Engineering Services Demolition Services Phase 1 for the Great Bear, Boulevard, Spruce
and Travelers Choice Motels
ITEM INFORMATION
ITEM No.
4.D.
111
STAFF SPONSOR: JOYCE TRANTINA
ORIGINAL AGENDA DiVIT:: 11/24/14
AGI,:NDA MN TITIE
A contract
PBS Engineering + Environmental for Motel Demolition Services Phase 1
ircuss ion
11/24/14
Motion
Date 12/01/14
Li Resolution
Alt Date
11 Ordinance
Mtg Date
0 Bid Award
Mtg Date
E Public learing
Mtg Dale
E Other
Mtg Date
CAmcoRy 11 D
Mtg Date
Mtg
SPONSOR Council Z Mayor I /R E DCD J l"inance E 1 ire L 17' P&R E Police PIV
SP ONSole S Authorize the Mayor to sign a contract with PBS Engineering & Environmental for Design
SUMMARY Engineering Services Demolition Services Phase 1 for the Great Bear, Boulevard, Spruce
and Travelers Choice Motels
RI WIF,WED BY E COW Mtg. E CA&P Cmte
E Utilities Cmte ID Arts Comm.
DATE: 11/18/2014
F&S Cmte
E Transportation Cmte
Comm. D Planning Comm.
CHAIR: SEAL
111 Parks
COMMITTEE
RECOMMENDATIONS:
SPONSOR/ADMIN.
Comml'ITHE
Mayor's Office
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
Expu.NDITuRE RI,:QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/01/14
MTG. DATE
ATTACHMENTS
12/01/14
Informational Memorandum from Joyce Trantina dated 11/12/14
Draft Contract
Minutes from the Finance and Safety Committee Meeting of 11/18/14
111
112
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Joyce Trantina, Project Development Manager
BY: Mike Cusick, Senior Engineer
DATE: November 12, 2014
SUBJECT: Urban Renewal Motel Demolition Project
Project No. 91330201
Consultant Agreement
ISSUE
Approve a consultant agreement with PBS Engineering & Environmental to provide engineering
services for the demolition of the Great Bear, Boulevard, Spruce and Traveler's Choice Motels.
BACKGROUND
In August 2014, the City of Tukwila purchased the Great Bear, Boulevard, and Traveler's
Choice motels which had been seized by the Federal Government in late 2013 as part of an
undercover operation with the City of Tukwila. Prior to the Federal seizure, the City had
planned to purchase Great Bear, Boulevard, and Spruce motels as part of its crime reduction
initiative. The City would have included the Traveler's Choice as part of its crime reduction
initiative except it was outside of the urban renewal area. The City anticipates completing
negotiations with the owners of the Spruce Motel prior to year-end, and to assume ownership in
early 2015.
DISCUSSION
It could be a few years until the City has sold the properties to a developer or decided some
alternative use. The Administration does not see a valuable use of the properties as motels and
therefore plans to demolish them in order to ensure the properties are as attractive and safe as
possible.
The City will use a public bid process to select a contractor to perform the demolition. Prior to
initiating the bid process, the City needs assistance to survey the property, document existing
conditions, estimate demolition and site preparation costs, develop project plans and
specifications, and facilitate the bid process. Staff recommends hiring a consultant to perform
this work. Once the consultant has evaluated the site and estimated preliminary costs, staff will
determine the scope of work for the demolition bid specifications. Some citizens have expressed
a desire for no fencing to be on the site after demolition in order to provide a more positive
appearance. Staff acknowledges this as a worthwhile goal; however, would like the flexibility to
make that decision after preliminary costs and site liability issues have been researched.
Public Works staff reviewed qualifications of eight engineering/environmental firms listed on the
Municipal Research and Services Center roster and has chosen PBS Engineering &
Environmental, Inc. as the most qualified to perform the work. Also, PBS has previously
completed environmental work for the City and their work has been satisfactory. Public Works
113
INFORMATIONAL MEMO
Page 2
has negotiated a price that is fair and reasonable. Because the contract amount exceeds the
Mayor's $40,000 signing authority, staff requests Council approval.
FINANCIAL IMPACT
PBS estimates the cost for their services to be $149,018.60. These funds are covered by the
Urban Renewal/TIB Redevelopment project and no additional budget is requested.
RECOMMENDATION
The Council is being asked to authorize the Mayor to execute the contract in substantially the
same form as attached and consider this item at the November 24, 2014 Committee of the
Whole meeting and subsequent December 1, 2014 Regular Meeting.
ATTACHMENTS
Proposed Contract
Page 45 from 2014-2019 CIP
Page 45 from the proposed 2015- 2020 CIP
114 PBS Engineering Services Contract
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City ", and PBS Engineering & Environmental, Inc., hereinafter referred to as "the
Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Design Engineering
services in connection with the project titled Tukwila Urban Renewal Motel Demolition Phase
1.
2. Scope of Services. The Consultant agrees to perform the services, identified on the exhibits
attached hereto, including the provision of all labor, materials, equipment and supplies. A
Notice to Proceed will be issued by the City before any work is commenced on any portion of
the project.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending August 31, 2015, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than August 31, 2015 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on the exhibits
attached hereto: Exhibit A for the Great Bear and Boulevard Motels in the amount of
$74,264.20; Exhibit B for the Spruce Motel in the amount of $35,264.00; and Exhibit C
for the Travelers Choice Motel in the amount of $39,490.40; provided that the total amount
of payment to the Consultant shall not exceed $149,018.60 without express written
modification of the Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress of the
work for partial payment for that portion of the project completed to date. Such vouchers
will be checked by the City and, upon approval thereof, payment shall be made to the
Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon request.
115
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with the
Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than the
project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and
regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of
the Consultant in performance of this Agreement, except for injuries and damages caused by
the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or
in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1 Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
PBS Engineering Demolition Phase 1 Page 2
116
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability insurance
shall be written on ISO occurrence form CG 00 01 and shall cover liability arising
from premises, operations, independent contractors and personal injury and
advertising injury. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy with respect to the work performed
for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self- insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and shall
not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements' of the Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance and
pay any and all premiums in connection therewith, with any sums so expended to be repaid
to the City on demand, or at the sole discretion of the City, offset against funds due the
Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
PBS Engineering Demolition Phase 1 Page 3
117
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this contract. For breach or violation of this warrant, the
City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney' s fees and costs of suit. Venue for any action arising from
or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Agreement, shall survive termination of this Agreement.
PBS Engineering Demolition Phase 1 Page 4
118
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
PBS Engineering + Environmental
2517 Eastlake Avenue East, Suite 100
Seattle WA 98102
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment
or modification of this Agreement shall be of any force or effect unless it is in writing and
signed by the parties.
DATED this
day of , 2014.
CITY OF TUKWILA CONSULTANT
Jim Haggerton, Mayor
By:
Attest/Authenticated: Printed Name:
Title:
Christy O'Flaherty, City Clerk
Approved as to Form:
Rachel Turpin, City Attorney
PBS Engineering Demolition Phase 1 Page 5
119
Exhibit A
Great Bear Motel & Boulevard Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
Proposal for Investigation, Design and Bid Period Services
Great Bear Motel & Boulevard Motel Demolition Project
Tukwila, WA
PBS Proposal No. WA25628.v3
PBS Engineering and Environmental, Inc. (PBS) is pleased to provide this proposal to the
City of Tukwila Public Works (City) for services related to the Great Bear Motel and
Boulevard Motel Demolition Project. This proposal outlines our proposed services and fees
related to inspection, abatement, demolition and grading design, bid specifications and
permitting services.
Task 01: Investigation Services
1. Existing Conditions — Land Survey and Base Map
2. Hazardous Building Materials Pre - Demolition Survey
3. State Environmental Policy Act (SEPA) Review
Task 02: Design and Bid Period Services
1. Abatement and Demolition Specifications
2. Site Grading and Permanent Stormwater Control Design
3. Construction Stormwater Pollution Prevention Plan (SWPPP)
4. Bid Facilitation: pre -bid walk and bid review
5. Engineers Opinion of Costs
Following is an outline of our proposed services and associated fees.
TASK 01— INVESTIGATION SERVICES
The following tasks shall be completed during the investigation phase and the information
gathered will be used in the design development process:
1.1 Existing Conditions Survey & Base Map
PBS will retain a professional land surveyor (sub consultant) to conduct topographic surveys
of the two properties. Utility locates will be included in the survey scope of work, both public
"one call" and private locate services, with the goal to provide comprehensive subsurface
utility locations. The surveyor will obtain the public and private utility locates within the
survey area prior to commencing the topographic survey.
The land survey will identify property lines and all significant physical features in the survey
area such as building structures, major vegetation, pavement/gravel /lawn, above & below
ground utilities (type /size), drainage, fences, signs, streets, parking and roadways, sidewalks,
underground pipe depths by measure down, valve /manhole /cleanout covers and ground
elevations sufficient for creating 1 -foot contour interval. The subject property corners will be
identified using rebar stakes. The topographic survey will be prepared by the surveyor in
AutoCAD ver2010 20 scale minimum, suitable for use with Civil 3D. PBS' civil engineer
Exhibit A - Page 1
120
Exhibit A
Great Bear Motel & Boulevard Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
will use topographic mapping, available as -built and utility records to develop project
existing conditions base map.
Deliverables will include:
• Topographic plan DWG files
• PLS- sealed topographic plan, PDF file
1.2 `Good Faith' Hazardous Building Material Pre - Demolition Surveys
PBS will perform quantification of materials and verification of conditions and locations. As
appropriate, PBS will collect and analyze bulk samples of suspect ACMs according to
AHERA protocols. Analysis will be performed using Polarized Light Microscopy (PLM).
Included in the scope of these services is the collection and analysis of up to 115 asbestos
samples. Credit will be provided for samples not collected.
PBS will sample representative painted components of the building for the presence of lead
containing paint (LCP). Analysis will be performed using atomic absorption methodology
(AA). Included in the scope of these services is the collection and analysis of up to 10 lead
paint samples.
PBS will provide documentation of our findings in letter report format to be included in the
bid documents. This report will outline quantities and locations of ACMs, the extent of LCP,
the number of suspect PCB - containing fluorescent light fixture ballasts and mercury -
containing fluorescent lamps.
1.3 State Environmental Policy Act (SEPA) Environmental Checklist
PBS will prepare a SEPA Environmental Checklist that meets the City requirements under
the State Environmental Policy Act. As an initial step in the process, we will conduct a field
reconnaissance of the site and surrounding area and will collect information from available
databases and studies. The checklist will follow the template provided by the City and
include a completed ESA checklist. Supplemental reports will be attached to the completed
checklist as needed and completed under separate scope items. The completed checklist will
include site plans and figures.
TASK 02 - DESIGN & BID PERIOD SERVICES
2.1 Abatement and Demolition Design
Contract requirements for work related to demolition, asbestos, lead, PCBs and fluorescent
lamps will be developed based upon data gathered during previous surveys. As appropriate,
PBS will develop technical specifications governing demolition, asbestos abatement, lead -
related activities, PCB - handling procedures and mercury fluorescent lamps. We assume that
WSDOT Standard
Specifications will be used on this project as the referenced specification. The following
tasks will be performed in the design development process:
Exhibit A - Page 2
121
Exhibit A
Great Bear Motel & Boulevard Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
a. Develop technical specifications for the demolition of the structures. Incorporate waste
diversion requirements and recycling as required by the City.
b. Develop technical specifications representing locations and quantities of ACMs to be
abated, sampling information, any particular means and methods, and appropriate
references to other specification sections.
c. PBS will prepare specifications for removal and disposal of PCB - containing ballasts.
d. PBS will develop specifications to direct proper handling and recycling of mercury
fluorescent lamps.
e. Provide a detailed opinion of cost for abatement and demolition.
f. Review and provide alterations to the City Request for Bids and related Owner contract
documents.
2.2 Site Grading and Permanent Stormwater Control Plan
PBS' civil engineer will prepare a site demolition plan for each property that addresses site
improvements after each building structure demolition has occurred. A grading plan will be
prepared for the properties to properly manage storm drainage after demolition activities are
concluded. We understand that the City would like to consider alternate grading options to
include: 1) retain existing pavement surfaces (e.g. asphalt and /or concrete) in place; and 2)
remove all hardscape surface and foundations from the two properties and completed with a
grass vegetated land cover.
a. PBS' civil engineer will prepare supplemental technical specifications for site demolition
plan activities not covered by the Standard Specifications.
b. Design permanent erosion prevention & control elements for all disturbed areas and to
protect drainage facilities. Surface vegetation will be designed to provide erosion control
for all disturbed soil areas.
c. Design permanent stormwater controls for the site as required by King County
Stormwater Manual, 2009.
d. Calculate the pre and post discharge to show compliance with the King County
Stormwater Manual for stormwater management.
e. Provide a detailed opinion of cost for site grading and stormwater control facilities.
2.3 Construction Stormwater Pollution Prevention Plan
PBS will develop a Construction SWPPP that will meet the City's requirements.
The SWPPP will include a Temporary Erosion and Sediment Control (TESC) Plan and a
narrative section that provides details on the project and the types of best management
practices (BMPs) and site controls that will be used to prevent discharge of turbid or
contaminated stormwater from the site. It will also include a site plan that shows the location
of all BMPs. Details of specific BMPs and Erosion/Sedimentation Control notes will
accompany the site plan.
a. Review of project plans and specifications. Conduct background research on site to
include review of topography, soils, drainage patterns, existing conditions and existing
Exhibit A - Page 3
122
Exhibit A
Great Bear Motel & Boulevard Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
stormwater system. Includes two site visits to review current conditions at the site and
take photographs.
b. Coordination with the City and contractor to review project plans and potential BMPs and
obtain details on schedule and construction techniques. Included in this task is one on-
site meeting and follow -up phone and e -mail conversations.
c. Prepare a SWPPP which will include a TESC plan to address all items identified for the
City's demolition permit.
d. Follow -up with the City of Tukwila on questions or revisions following submittal.
2.4 Bid Facilitation Services
PBS will coordinate the contract documents with those provided by the City and will develop
the complete abatement/demolition bid package. PBS will provide documents at 60% and
90% completion for review and final bid documents. Up to eight copies of the bid documents
will be produced to provide to the City for distribution. Down load the document to the
Builder Exchange of Washington for posting of project.
a. Support the preparation of documents for the City Demolition Permit including
completion of the Critical Areas Worksheet.
b. PBS will facilitate a pre -bid site walkthrough with contractors.
c. PBS will formally respond to contractor questions and provide project clarifications via
written addendum.
d. PBS will review contractor bids and provide a selection recommendation to the City.
SCHEDULE
PBS will complete the work in accordance with a schedule to be determined by the City.
PROJECT ASSUMPTIONS & EXCLUSIONS
a. PBS has not included construction period oversight/inspection services. A separate
proposal will be provided when the contractor's schedule is established.
b. PBS presumes PBS will make up to eight copies of bid documents for bidders.
c. PBS presumes one pre -bid walkthrough will be performed with bidding contractors.
d. PBS presumes the City will provide the Division 00 and 01 bid documents, bid forms,
etc. in Microsoft Word format for use by PBS to write specification package.
e. PBS presumes the City will pay all permit application and review fees.
f. PBS presumes full and timely access to both properties and associated buildings.
g. The land survey will suffice for the purpose of this project. The project requires four
stamped boundary surveys and will be recorded with King County.
h. The City is requiring that the SWPPP for the Demolition Permit complies with the King
County Stormwater Management Program Plan, 2009.
i. PBS assumes an average level of effort for this proposal. The proposed fee does not
include provision for additional requirements or unforeseen conditions that could
necessitate additional effort.
j. A standard City of Tukwila Agreement will be used for this project with PBS.
Exhibit A - Page 4
123
Exhibit A
Great Bear Motel & Boulevard Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
ESTIMATED FEES
PBS will conduct the scope of services as outlined above for an estimated cost of $74,264.20.
Task 01: Investigation Services
Existing Conditions — Land Survey and Base Map $17,798.40*
Hazardous Building Materials Survey(s) $12,696.00
State Environmental Policy Act (SEPA) $ 3,962.20
Task 02: Design and Bid Period Services
Abatement and Demolition Design $13,836.60
Site Grading and Permanent SW Control Design $14,154.40
Construction Storm Water Prevention Plan $ 5,972.20
Permit and Bid Review Assistance $ 5,844.40
TOTAL ESTIMATE $74,264.20
*Land Survey performed by subcontracted licensed surveyor.
Exhibit A - Page 5
124
Great Bear Motel & Boulevard M
and Enviro
i
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$ 14,740.00
$ 924.00
$ 550 00
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$ 2,200.00
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63
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5
City of Tukwila - DemolitionDesign
94/2014 WA25628
Great Bear + Boulevard
SCOPE ESTIMATE _.... Motel
PBS LABOR ' Staff Hriy Rate
Principal $ 150.00
Civil Engineer $ 150.00
Project Engineer $ 140.00
Project Manager $ 130.00
Construction SWPP $ 120.00
Project Designer $ 110.00
SEPA Reviewer $ 110.00
AHERA Inspector $ 85.00
AdminstrationfAcounting $ 60.00
CAD / Micro Station / gINT $ 85.00
Cleoca0Data Entry 5 60.00
SUBTOTAL LABOR
.- ........ - - -_
SUBCONTRACTOR Tub's Quote Markup
Land Survey - VanPatten Surveying 13,400
private utility locates (APS) 840 10%
Access /security of boarded sturctures 500
Omer 0
SUBTOTAL SUBCONTRACTOR
LABORATORY INormaI TAT) ($ /sample Markup
PCBs, 8080 $ 85
lead In paint $ 16 10%
PLM Asbestos $ 16
(other)
SUBTOTAL LABORATORY
REIMBURSABLE EXPENSES 1
Mileage (Simile) $ 0.555
Field Sampling Kit (ice, bags, gloves, etc) ($ /day) $ 25.00
PPE Safety Kit (herdhat, boots, etc -) ($ /day) $ 15 00
Camera ($ /day) $ 10.00
SUBTOTAL REIMBURSABLES
TASK TOTALS
Exhibit A - Page 6
125
Exhibit B
Spruce Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
Proposal for Investigation, Design and Bid Period Services
Spruce Motel Demolition Project
14442 Tukwila International Boulevard, Tukwila, WA
PBS Proposal No. WA25966
PBS Engineering and Environmental, Inc. (PBS) is pleased to provide this proposal to the City of
Tukwila Public Works (City) for services related to the Spruce Motel Demolition Project. The
Spruce Motel is 40 room, wood framed building consisting of approximately 5,800 square feet,
initially constructed in 1980 with renovation and additions completed in 1986. This proposal
outlines our proposed services and fees related to inspection, abatement, demolition and grading
design, bid specifications and bid facilitation services. The Spruce Motel demolition
specifications are intended to be incorporated into the Boulevard Motel and Great Bear Motel
demolition bid package.
Task 01: Investigation Services
1. Existing Conditions — Land Survey and Base Map
2. Hazardous Building Materials Pre - Demolition Survey
3. State Environmental Policy Act (SEPA) Review
Task 02: Design and Bid Period Services
1. Abatement and Demolition Specifications
2. Site Grading and Permanent Stormwater Control Design
3. Construction Stormwater Pollution Prevention Plan (SWPPP)
4. Bid Facilitation: pre -bid walk and bid review
5. Engineers Opinion of Costs
Following is an outline of our proposed services and associated fees.
TASK 01— INVESTIGATION SERVICES
The following tasks shall be completed during the investigation phase and the information
gathered will be used in the design development process:
1.1 Existing Conditions Survey & Base Map
PBS will retain a professional land surveyor (sub consultant) to conduct topographic surveys of
the two properties. Utility locates will be included in the survey scope of work, both public "one
call" and private locate services, with the goal to provide comprehensive subsurface utility
locations. The surveyor will obtain the public and private utility locates within the survey area
prior to commencing the topographic survey.
The land survey will identify property lines and all significant physical features in the survey
area
126 Exhibit B - Page 1
Exhibit B
Spruce Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
such as building structures, major vegetation, pavement/gravel /lawn, above & below ground
utilities (type /size), drainage, fences, signs, streets, parking and roadways, sidewalks,
underground pipe depths by measure down, valve /manhole /cleanout covers and ground
elevations sufficient for creating 1 -foot contour interval. The subject property corners will be
identified using rebar stakes. The topographic survey will be prepared by the surveyor in
AutoCAD ver2010 20 scale minimum, suitable for use with Civil 3D. PBS' civil engineer will
use topographic mapping, available as -built and utility records to develop a project existing
conditions base map.
Deliverables will include:
• Topographic plan DWG files
• PLS- sealed topographic plan, PDF file
1.2 `Good Faith' Hazardous Building Material Pre - Demolition Surveys
PBS will perform quantification of materials and verification of conditions and locations. As
appropriate, PBS will collect and analyze bulk samples of suspect ACMs according to AHERA
protocols. Analysis will be performed using Polarized Light Microscopy (PLM). Included in the
scope of these services is the collection and analysis of up to 50 asbestos samples. Credit will be
provided for samples not collected.
PBS will sample representative painted components of the building for the presence of lead
containing paint (LCP). Analysis will be performed using atomic absorption methodology (AA).
Included in the scope of these services is the collection and analysis of up to 5 lead paint
samples.
PBS will provide documentation of our findings in letter report format to be included in the bid
documents. This report will outline quantities and locations of ACMs, the extent of LCP, the
number of suspect PCB - containing fluorescent light fixture ballasts and mercury- containing
fluorescent lamps.
1.3 State Environmental Policy Act (SEPA) Environmental Checklist
PBS will prepare a SEPA Environmental Checklist that meets the City requirements under the
State Environmental Policy Act. As an initial step in the process, we will conduct a field
reconnaissance of the site and surrounding area and will collect information from available
databases and studies. The checklist will follow the template provided by the City and include a
completed ESA checklist.
Supplemental reports will be attached to the completed checklist as needed and completed under
separate scope items. The completed checklist will include site plans and figures.
Exhibit B - Page 2
127
Exhibit B
Spruce Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
TASK 02 - DESIGN & BID PERIOD SERVICES
2.1 Abatement and Demolition Design
Contract requirements for work related to demolition, asbestos, lead, PCBs and fluorescent
lamps will be developed based upon data gathered during previous surveys. As appropriate, PBS
will develop technical specifications governing demolition, asbestos abatement, lead- related
activities, PCB - handling procedures and mercury fluorescent lamps. We assume that WSDOT
Standard Specifications will be used on this project as the referenced specification.
The following tasks will be performed in the design development process:
a. Develop technical specifications for the demolition of the structures. Incorporate waste
diversion requirements and recycling as required by the City.
b. Develop technical specifications representing locations and quantities of ACMs to be abated,
sampling information, any particular means and methods, and appropriate references to other
specification sections.
c. PBS will prepare specifications for removal and disposal of PCB - containing ballasts.
d. PBS will develop specifications to direct proper handling and recycling of mercury
fluorescent lamps.
e. Provide a detailed opinion of cost for abatement and demolition.
f. Review and provide alterations to the City Request for Bids and related Owner contract
documents.
2.2 Site Grading and Permanent Stormwater Control Plan
PBS' civil engineer will prepare a site demolition plan for the property that addresses site
improvements after the building structure demolition has occurred. A grading plan will be
prepared for the property to properly manage storm drainage after demolition activities are
concluded. We understand that the City would like to consider alternate grading options to
include: 1) retain existing pavement surfaces (e.g. asphalt and/or concrete) in place; and 2)
remove all hardscape surface and foundations from the property and completed with a grass
vegetated land cover.
a. PBS' civil engineer will prepare supplemental technical specifications for site demolition
plan activities not covered by the Standard Specifications.
b. Design permanent erosion prevention & control elements for all disturbed areas and to
protect drainage facilities. Surface vegetation will be designed to provide erosion control
for all disturbed soil areas.
c. Design permanent stormwater controls for the site as required by King County
Stormwater Manual, 2009.
d. Calculate the pre and post discharge to show compliance with the King County
Stormwater Manual for stormwater management.
e. Provide a detailed opinion of cost for site grading and stormwater control facilities.
2.3 Construction Stormwater Pollution Prevention Plan
PBS will develop a Construction SWPPP that will meet the City's requirements.
1 28 Exhibit B - Page 3
Exhibit B
Spruce Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
The SWPPP will include a Temporary Erosion and Sediment Control (TESC) Plan and a
narrative section that provides details on the project and the types of best management practices
(BMPs) and site controls that will be used to prevent discharge of turbid or contaminated
stormwater from the site. It will also include a site plan that shows the location of all BMPs.
Details of specific BMPs and Erosion /Sedimentation Control notes will accompany the site plan.
a. Review of project plans and specifications. Conduct background research on site to
include review of topography, soils, drainage patterns, existing conditions and existing
stormwater system. Two site visits to review current conditions at the site and take
photographs are included.
b. Coordination with the City and contractor to review project plans and potential BMPs
and obtain details on schedule and construction techniques. Included in this task is one
on -site meeting and follow -up phone and e -mail conversations.
c. Prepare a SWPPP which will include a TESC plan to address all items identified for the
City's demolition permit.
d. Follow -up with the City of Tukwila on questions or revisions following submittal.
2.4 Bid Facilitation Services
PBS will coordinate the contract documents with those provided by the City and will develop the
complete abatement/demolition bid package. PBS will provide documents at 30 %, 60% and
90% completion for review and final bid documents. Up to eight copies of the bid documents
will be produced to provide to the City for distribution. PBS will download the document to the
Builder Exchange of Washington for posting of project.
a. Support the preparation of documents for the City Demolition Permit including
completion of the Critical Areas Worksheet.
b. PBS will facilitate a pre -bid site walkthrough with contractors.
c. PBS will formally respond to contractor questions and provide project clarifications via
written addendum.
d. PBS will review contractor bids and provide a selection recommendation to the City.
SCHEDULE
PBS will complete the work in accordance with a schedule to be determined by the City.
PROJECT ASSUMPTIONS & EXCLUSIONS
a. PBS has not included construction period oversight/inspection services. A separate proposal
will be provided when the contractor's schedule is established.
b. PBS presumes PBS will make up to eight copies of bid documents for bidders.
c. PBS presumes one pre -bid walkthrough will be performed with bidding contractors.
d. PBS presumes the City will provide the Division 00 and 01 bid documents, bid forms, etc. in
Microsoft Word format for use by PBS to complete the specification package.
e. PBS presumes the City will pay all permit application and review fees.
f. PBS presumes full and timely access to the property and associated buildings.
Exhibit B - Page 4
129
Exhibit B
Spruce Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
g. The land survey will suffice for the purpose of this project. The project requires four stamped
boundary surveys and will be recorded with King County.
h. The City is requiring that the SWPPP for the Demolition Permit complies with the King
County Stormwater Management Program Plan, 2009.
i. PBS assumes an average level of effort for this proposal. The proposed fee does not include
provision for additional requirements or unforeseen conditions that could necessitate
additional effort.
j. A standard City of Tukwila Agreement will be used for this project with PBS.
ESTIMATED FEES
PBS will conduct the scope of services as outlined above for an estimated cost of $35,264.00.
Task 01: Investigation Services
Existing Conditions — Land Survey and Base Map $6,886.20*
Hazardous Building Materials Survey(s) $6,604.80
State Environmental Policy Act (SEPA) $2,422.00
Task 02: Design and Bid Period Services
Abatement and Demolition Design $6,554.40
Site Grading and Permanent SW Control Design $7,532.00
Construction Storm Water Prevention Plan $2,952.00
Permit and Bid Review Assistance $2,312.60
TOTAL ESTIMATE $35,264.00
* Land Survey performed by subcontracted licensed surveyor
130 Exhibit B - Page 5
Exhibit C
Great Bear Motel & Boulevard Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
Proposal for Investigation, Design and Bid Period Services,
Traveler's Choice Motel Demolition Project
3747 South 146th Street, Tukwila, WA
PBS Proposal No. WA25975
PBS Engineering and Environmental, Inc. (PBS) is pleased to provide this proposal to the
City of Tukwila Public Works (City) for services related to the Travelers Choice Motel
Demolition Project. The subject property is a 0.61 -acre parcel that is developed with a 34-
room motel known as Travelers Choice Motel. The structure is a two -story wood frame
building built on a concrete slab and was constructed in 1992. This proposal outlines our
proposed services and fees related to inspection, abatement, demolition and grading design,
bid specifications and bid facilitation services. The Travelers Choice Motel demolition
specifications are intended to be incorporated into the Boulevard Motel, Great Bear Motel,
and Spruce Motel properties demolition bid package.
Task 01: Investigation Services
1. Existing Conditions — Land Survey and Base Map
2. Hazardous Building Materials Pre - Demolition Survey
3. Limited Subsurface Soil Investigation
4. State Environmental Policy Act (SEPA) Review
Task 02: Design and Bid Period Services
1. Abatement and Demolition Specifications
2. Site Grading and Permanent Stormwater Control Design
3. Construction Stormwater Pollution Prevention Plan (SWPPP)
4. Bid Facilitation: pre -bid walk and bid review
5. Engineers Opinion of Costs
Following is an outline of our proposed services and associated fees.
TASK 01— INVESTIGATION SERVICES
The following tasks shall be completed during the investigation phase and the information
gathered will be used in the design development process:
1.1 Existing Conditions Survey & Base Map
PBS will retain a professional land surveyor (sub consultant) to conduct topographic surveys
of the two properties. Utility locates will be included in the survey scope of work, both public
"one call" and private locate services, with the goal to provide comprehensive subsurface
utility locations. The surveyor will obtain the public and private utility locates within the
survey area prior to commencing the topographic survey.
The land survey will identify property lines and all significant physical features in the survey
area such as building structures, major vegetation, pavement/gravel /lawn, above & below
Exhibit C - Page 1
131
0
132
888333888.88
a0.144,0.01■0■0t9,9,916
$ 5,280 00
$ 704 00
$ 440.00
$ • 6,424.00
Cost
$ 8800
$ 880 00
$ • 968.00
Cost
$ 222 00
$
$ 6000
$
$
$ 282.00
g
40
4..*::::::::::
0 0 4; 0
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$ 7,532.201
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Abatement & Building Demolition
Design, Specifications & Cost
Estimates
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City of Tukwila - DemolitionDesign
Spruce Motel 10/13/2014 WA25066
SCOPE ESTIMATE
PBS LABOR l Staff Htly Rate
Principal $ 150.00
Civil Engineer $ 150.00
Project Engineer $ 140.00
Project Manager $ 130.00
Construction SWPP $ 120.00
Project Designer $ 110.00
SEPA Reviewer $ 110.00
AMEBA InspeMar 0 65.00
Adminstracon/Acounting $ 60.00
CAD / Micro Station / giNT $ 85.00
Clerical /Data Entry $ 60.00
SUBTOTAL LABOR
SUBCONTRACTOR pub's Quote Markup
Land Survey - VanPatten Surveying d 800
private utility locates (A-PS) 640 10%
Access /security of boarded sturctures 400
SUBTOTAL SUBCONTRACTOR
LABORATORY (Normal TAT) J $/sample Markup
PCBs, 8080 $ 85
lead in paint $ 16
10 °h
PLM Asbestos $ 16
(other)
SUBTOTAL LABORATORY
REIMBURSABLE EXPENSES J
Mileage (Simile) $ 0.555
Field Sampling Kit (ice, bags, g0ves, etc) ($/day) $ 2500
PPE Safety KR(hardhat, boots, etc.) ($/day) $ 1500
Camera ($/day) $ 10.00
SUBTOTAL REIMBURSABLES
TASK TOTALS
Exhibit C
Great Bear Motel & Boulevard Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
ground utilities (type /size), drainage, fences, signs, streets, parking and roadways, sidewalks,
underground pipe depths by measure down, valve /manhole /cleanout covers and ground
elevations sufficient for creating 1 -foot contour interval. The subject property corners will be
identified using rebar stakes. The topographic survey will be prepared by the surveyor in
AutoCAD ver2010 20 scale minimum, suitable for use with Civil 3D. PBS' civil engineer
will use topographic mapping, available as -built and utility records to develop a project
existing conditions base map.
Deliverables will include:
• Topographic plan DWG files
• PLS- sealed topographic plan, PDF file
1.2 `Good Faith' Hazardous Building Material Pre - Demolition Surveys
PBS will perform quantification of materials and verification of conditions and locations. As
appropriate, PBS will collect and analyze bulk samples of suspect ACMs according to
AHERA protocols. Analysis will be performed using Polarized Light Microscopy (PLM).
Included in the scope of these services is the collection and analysis of up to 40 asbestos
samples. Credit will be provided for samples not collected.
PBS will sample representative painted components of the building for the presence of lead
containing paint (LCP). Analysis will be performed using atomic absorption methodology
(AA). Included in the scope of these services is the collection and analysis of up to 4 lead
paint samples.
PBS will provide documentation of our findings in letter report format to be included in the
bid documents. This report will outline quantities and locations of ACMs, the extent of LCP,
the number of suspect PCB - containing fluorescent light fixture ballasts and mercury -
containing fluorescent lamps.
1.3 Limited Subsurface Soil Investigation
PBS will advance three (3) borings to approximately 12 feet bgs for the collection and
analysis of soil samples at designated locations using a direct -push rig. The borings will be
located around the western property boundary to evaluate the potential for contamination in
the subsurface soils that may be associated with the adjoining former gasoline station(s). The
intent of the subsurface investigation is to determine if impacted soil concerns would be
encountered during the proposed site demolition and grading activities.
A public utility locate will be requested, and a private locator will be scheduled to very utility
clearance at all final drilling locations. Soil samples will be collected from a zone of suspect
contamination. If there are no field indications of contamination, one soil sample will be
collected from each boring at approximately 3 to 5 feet. At the completion of sampling, all
borings will be backfilled with bentonite and patched to match surrounding surface. Up to
three soil samples will be submitted to the project laboratory with chain -of- custody
documentation. Each soil sample will be analyzed for the following constituents:
Exhibit C - Page 2
133
Exhibit C
Great Bear Motel & Boulevard Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
• Northwest Petroleum Hydrocarbons as Diesel/Heavy Oil Range Organics by Method
NWTPH -Dx
• NWTPH as Gasoline (NWTPH -Gx) and petroleum constituents' benzene, toluene,
ethylbenzene and xylenes (BTEX) by EPA Method 8015.
1.4 State Environmental Policy Act (SEPA) Environmental Checklist
PBS will prepare a SEPA Environmental Checklist that meets the City requirements under
the State Environmental Policy Act. As an initial step in the process, we will conduct a field
reconnaissance of the site and surrounding area and will collect information from available
databases and studies. The checklist will follow the template provided by the City and
include a completed ESA checklist. Supplemental reports will be attached to the completed
checklist as needed and completed under separate scope items. The completed checklist will
include site plans and figures.
TASK 02 - DESIGN & BID PERIOD SERVICES
2.1 Abatement and Demolition Design
Contract requirements for work related to demolition, asbestos, lead, PCBs and fluorescent
lamps will be developed based upon data gathered during previous surveys. As appropriate,
PBS will develop technical specifications governing demolition, asbestos abatement, lead -
related activities, PCB - handling procedures and mercury fluorescent lamps. We assume that
WSDOT Standard Specifications will be used on this project as the referenced specification.
The following tasks will be performed in the design development process:
a. Develop technical specifications for the demolition of the structures. Incorporate waste
diversion requirements and recycling as required by the City.
b. Develop technical specifications representing locations and quantities of ACMs to be
abated, sampling information, any particular means and methods, and appropriate
references to other specification sections.
c. PBS will prepare specifications for removal and disposal of PCB - containing ballasts.
d. PBS will develop specifications to direct proper handling and recycling of mercury
fluorescent lamps.
e. Provide a detailed opinion of cost for abatement and demolition.
f. Review and provide alterations to the City Request for Bids and related Owner contract
documents.
2.2 Site Grading and Permanent Stormwater Control Plan
PBS' civil engineer will prepare a site demolition plan for the property that addresses site
improvements after the building structure demolition has occurred. A grading plan will be
prepared for the property to properly manage storm drainage after demolition activities are
concluded. We understand that the City would like to consider alternate grading options to
include: 1) retain existing pavement surfaces (e.g. asphalt and/or concrete) in place; and 2)
134 Exhibit C - Page 3
Exhibit C
Great Bear Motel & Boulevard Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
remove all hardscape surface and foundations from the property and completed with a grass
vegetated land cover.
a.
b.
c.
d.
e.
PBS' civil engineer will prepare supplemental technical specifications for site demolition
plan activities not covered by the Standard Specifications.
Design permanent erosion prevention & control elements for all disturbed areas and to
protect drainage facilities. Surface vegetation will be designed to provide erosion control
for all disturbed soil areas.
Design permanent stormwater controls for the site as required by King County
Stormwater Manual, 2009.
Calculate the pre and post discharge to show compliance with the King County
Stormwater Manual for stormwater management.
Provide a detailed opinion of cost for site grading and stormwater control facilities.
2.3 Construction Stormwater Pollution Prevention Plan
PBS will develop a Construction SWPPP that will meet the City's requirements.
The SWPPP will include a Temporary Erosion and Sediment Control (TESC) Plan and a
narrative section that provides details on the project and the types of best management
practices (BMPs) and site controls that will be used to prevent discharge of turbid or
contaminated stormwater from the site. It will also include a site plan that shows the location
of all BMPs. Details of specific BMPs and Erosion /Sedimentation Control notes will
accompany the site plan.
a. Review of project plans and specifications. Conduct background research on site to
include review of topography, soils, drainage patterns, existing conditions and existing
stormwater system. Two site visits to review current conditions at the site and take
photographs are included.
b. Coordination with the City and contractor to review project plans and potential BMPs and
obtain details on schedule and construction techniques. Included in this task is one on-
site meeting and follow -up phone and e -mail conversations.
c. Prepare a SWPPP which will include a TESC plan to address all items identified for the
City's demolition permit.
d. Follow -up with the City of Tukwila on questions or revisions following submittal.
2.4 Bid Facilitation Services
PBS will coordinate the contract documents with those provided by the City and will develop
the complete abatement/demolition bid package. PBS will provide documents at 30 %, 60%
and 90% completion for review and final bid documents. Up to eight copies of the bid
documents will be produced to provide to the City for distribution. PBS will download the
document to the Builder Exchange of Washington for posting of project.
a. Support the preparation of documents for the City Demolition Permit including
completion of the Critical Areas Worksheet.
b. PBS will facilitate a pre -bid site walkthrough with contractors.
Exhibit C - Page 4
135
Exhibit C
Great Bear Motel & Boulevard Motel Demolition Project
PBS Engineering and Environmental, Inc. (PBS)
Scope of Work
c. PBS will formally respond to contractor questions and provide project clarifications via
written addendum.
d. PBS will review contractor bids and provide a selection recommendation to the City.
SCHEDULE
PBS will complete the work in accordance with a schedule to be determined by the City.
PROJECT ASSUMPTIONS & EXCLUSIONS
a. PBS has not included construction period oversight/inspection services. A separate
proposal will be provided when the contractor's schedule is established.
b. PBS presumes PBS will make up to eight copies of bid documents for bidders.
c. PBS presumes one pre -bid walkthrough will be performed with bidding contractors.
d. PBS presumes the City will provide the Division 00 and 01 bid documents, bid forms,
etc. in Microsoft Word format for use by PBS to complete the specification package.
e. PBS presumes the City will pay all permit application and review fees.
f. PBS presumes full and timely access to the property and associated buildings.
g. The land survey will suffice for the purpose of this project. The project requires four
stamped boundary surveys and will be recorded with King County.
h. The City is requiring that the SWPPP for the Demolition Permit complies with the King
County Stormwater Management Program Plan, 2009.
i. PBS assumes an average level of effort for this proposal. The proposed fee does not
include provision for additional requirements or unforeseen conditions that could
necessitate additional effort.
j. A standard City of Tukwila Agreement will be used for this project with PBS.
ESTIMATED FEES
PBS will conduct the scope of services as outlined above for an estimated cost of $39,490.40.
Task 01: Investigation Services
Existing Conditions — Land Survey and Base Map $6,916.20*
Hazardous Building Materials Survey(s) $5,941.00
Limited Subsurface Investigation $6,280.00
State Environmental Policy Act (SEPA) $2,332.00
Task 02: Design and Bid Period Services
Abatement and Demolition Design $5,334.40
Site Grading and Permanent SW Control Design $7,572.20
Construction Storm Water Prevention Plan $2,802.20
Permit and Bid Review Assistance $2,312.20
TOTAL ESTIMATE $39,490.40
*Land Survey performed by subcontracted licensed surveyor
136 Exhibit C - Page 5
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City of Tukwila - DemolitionDesign
Travelers Choice Motel 10/24/2014 WA25975
SCOPE ESTIMATE
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Land Survey - VanPatten Surveying 5,200
private 0041y locates (AP5) 640
Dnlling Contactor 2650 10%
Accessisecunty of boarded sturctures 400
0
SUBTOTAL SUBCONTRACTOR
LABORATOR' ( omsol TAT)
NWTPH -HCID $ 50
NWTPH -Dx $ 66
NWTPH -Gx $ 60
NWTPH- Gx18TEX (EPA 80218) $ 80 10%
lead In paint 5 t6
PLM Asbestos $ 16
(other)
SUBTOTAL LABORATORY
REIMBURSABLE EXPENSES 1
Mileage ($ /mile) $ 0.555
Feld Sampling Kt (ice, bags, gloves, etc 1 ($[day) $ 2500
PPE Safety Kit (hardhat, boots, etc.) t5iday) $ 1500
Camera ($ /day) $ 1000
Photoioniza$on detector (PID) ($)day) $ 7500
SUBTOTAL REIMBURSABLES
TASK TOTALS'
Exhibit C - Pa
137
138
City of Tukwila
Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
November 18, 2014 — 5:30 p.m.; Hazelnut Conference Room
PRESENT
Councilmembers: Verna Seal, Chair; Kathy Hougardy, Allan Ekberg (Absent: Joe Duffie)
Staff: Peggy McCarthy, Trish Kin low, Stephanie Brown, Joyce Trantina, Mike Cusick,
Mike Villa, Jon Harrison, Gail Labanara, Derek Speck, Laurel Humphrey
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m.
PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Interlocal Agreement: Probation Services
Staff is seeking Council approval to enter into an interlocal agreement to provide probation and
jail alternative services to the City of SeaTac. An existing interlocal agreement has been in place
since 2012 and both Cities desire to continue. Total revenue for 2015-2016 is estimated to be
around $100,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 1, 2014
REGULAR CONSENT AGENDA.
B. Contract: Security Services for Tukwila Municipal Court
Staff is seeking Council approval of a contract with Securitas Security Serves USA, Inc. for the
continued provision of security services for the Tukwila Municipal Court for a term through
December 31, 2016. There are no additional expenses and the total amount to be paid shall
not exceed $80,020. Securitas has provided security to the Court since June 2006, Exhibit A,
Scope of Services, Item 3 will be amended to explain that Court patrons are allowed temporary
firearm storage in the Police Department area, which is in accordance with State law.
UNANIMOUS APPROVAL AS AMENDED. FORWARD TO DECEMBER 1, 2014 REGULAR
CONSENT AGENDA.
C. Contract: Urban Renewal Demolition Protect
Staff is seeking Council approval of a consultant agreement with PBS Engineering &
Environmental for engineering services for demolition of the Great Bear, Boulevard, Spruce and
*Traveler's Choice Motels. The City currently owns the Great Bear, Boulevard, and Traveler's
Choice, and anticipates completing negotiations with the owners of the Spruce to assume
ownership in early 2015. Until the properties are sold to a developer or an alternative use is
determined, Administration recommends demolition for purposes of safety and aesthetics. The
City requires engineering assistance prior to embarking on a public bid process to determine
the demolition contractor. Eight firms were evaluated from the MRSC roster and PBS
Engineering & Environmental, Inc. was selected as most qualified. The cost estimate for the
services is $149,018.60 and funding is available from the Urban Renewal/TIB Redevelopment
project. Payments toward the total will be submitted as tasks are completed. Options relating
to fencing or lack of fencing will be determined as a result of the analysis in this scope of work.
UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE
WHOLE.
139
140
COUNCIL AGENDA SYNOPSIS
Meetin,g Date
Prepared by
Mayorr review
Council repiew
11/24/14
SB
O''''_'-
(s4;
12/01/14
SB
0 Public Hear*
\Itg
E Other
Alt,gDate
SP( )NS( )R Council Mayor
111 DcD E Finance !ire IT PR Police i) 7
FIR
SPoNs( R'S The Council is being asked to consider adoption of a resolution establishing a cost of living
SUNIMARY wage adjustment and benefits schedule for non-represented employees effective January
1, 2015.
RrivilWEI) BY 11 COW Mtg. CA&P Cmte
E Utilities Cmte Arts Comm.
DATT: 11/18/14
F&S Crate
1 Transportation Cmte
Comm. El Planning Comm.
CI--IAIR: SEAL
Parks
COMMITTEE
ITEM INFORMATION
ITEM No.
4.E.
141
STAFF Si oNs()R: STEPHANIE BROWN
ORK;INAL AGI,NDA IDATK: 11/24/14
AGFINDA Iii TITLF, A Resolution establishing the 2015 Non-Represented Wage and Benefit Schedule.
CA11(;( )RY Discussion
AN Date 11/24/14
Altg
Motion
Dale
[X] Resolution
Allg Date 12/1/14
E Ordinance
AltgDate
Bid Award
1 4tg Date
0 Public Hear*
\Itg
E Other
Alt,gDate
SP( )NS( )R Council Mayor
111 DcD E Finance !ire IT PR Police i) 7
FIR
SPoNs( R'S The Council is being asked to consider adoption of a resolution establishing a cost of living
SUNIMARY wage adjustment and benefits schedule for non-represented employees effective January
1, 2015.
RrivilWEI) BY 11 COW Mtg. CA&P Cmte
E Utilities Cmte Arts Comm.
DATT: 11/18/14
F&S Crate
1 Transportation Cmte
Comm. El Planning Comm.
CI--IAIR: SEAL
Parks
COMMITTEE
RECOMMENDATIONS:
spoNsoR/ADNIIN.
(;omml'ald',
Human Resources Department
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
Expl,NDITuRE RF:Quii U) AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
12/1/14
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated November 12, 2014
Resolution in Draft Form
Attachment A - Draft 2015 Non-Represented Wage Schedule
Attachment B - Draft 2015 Non-Represented Schedule of Benefits
Attachment C - Draft 2015 Non-Represented Longevity Pay Schedule
2014 Wages <added at the request of the FS Committee>
Minutes from the Finance and Safety Committee meeting of 11/18/14
12/1/14
141
142
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Stephanie Brown, Human Resources Director
DATE: November 12, 2014
SUBJECT: 2015 Non - Represented Wages and Benefits
BACKGROUND
In 2013 the City Council adopted Resolution No. 1796 which provides that in odd - numbered
calendar years, a Cost -of- Living Adjustment (COLA) would be applied to the non - represented
employees wage schedule based on 90% of the Seattle- Tacoma- Bremerton Consumer Price
Index (CPI -W) Average (June to June).
DISCUSSION
The non - represented employees did not receive a market adjustment in 2014. The CPI -W June
for the above stated period is 2.2 %, whereas 90% represents 1.98 %. Although there had been
some wage adjustment in 2012 and 2013, the non - represented employee wages have lagged
behind represented groups, creating salary compression at various position levels within the
organization.
Internal equity between non - represented and represented groups will continue to have an
impact on compensation. In order to mitigate salary compression continuing and the future
impacts to the budget, City Administration recommends an increase of 2.0% to base wages
keeping in alignment with represented groups.
RECOMMENDATION
The Finance and Safety Committee is being asked to consider the 2% increase to the Non -
Represented Wage Scale effective January 1, 2015, and to forward to the Committee of the
Whole meeting on November 24, for discussion, and approval at their regular meeting on
December 1, 2014.
ATTACHMENTS
Draft Resolution
Attachment A- Draft 2015 Non - Represented Wage Schedule
Attachment B- Draft 2015 Non - Represented Schedule of Benefits
Attachment C- Draft 2015 Non - Represented Longevity Pay Schedule
143
144
R./FT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, UPDATING AND CLARIFYING
THE NON - REPRESENTED EMPLOYEES' COMPENSATION
AND ADOPTING THE NON - REPRESENTED SALARY
SCHEDULE AND BENEFITS SUMMARY, EFFECTIVE
JANUARY 1, 2015.
WHEREAS, the Tukwila City Council adopted Resolution No. 1796 on June 3,
2013, which provided that a Cost Of Living Adjustment (COLA) be applied to the non -
represented employee wage schedule in odd - numbered calendar years; and
WHEREAS, the COLA has been based on 90% of the Consumer Price Index, All
Wage Earners (CPI -W) Seattle- Tacoma - Bremerton Area (June); and
WHEREAS, the CPI -W (June) for the above - stated period of time is 2.2 %; and
WHEREAS, 90% of CPI -W as stated above is 1.98 %; and
WHEREAS, City Administration recommends an increase of 2.00% to base wages
effective January 1, 2015 for non - represented employees;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Non - Represented Wage Plan.
A. The 2015 wage schedule for non - represented employees shall be increased by
a rate of 2.00 %.
B. Longevity pay will continue to be a part of the plan.
C. Merit will continue to be eliminated from the plan, but may be considered as a
plan element in subsequent years.
W: \Word Processing \Resolutions \Non - Represented Employees Compensation -2015 11 -12 -14
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Page 1 of 2
145
Section 2. Non - represented salary schedule, benefits summary and longevity
pay plan.
A. The "Non- Represented Salary Schedule — 2015," Attachment A hereto, shall
be approved, effective January 1, 2015.
B. The "Non- Represented Employee Benefits Summary — 2015," Attachment B
hereto, shall be approved, effective January 1, 2015.
C. The "Longevity Pay Plan for Non - Represented Employees — 2015," Attachment
C hereto, shall be approved, effective January 1, 2015.
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:
Rachel Turpin, City Attorney
Attachments:
- Attachment A, Non - Represented Salary Schedule — 2015
- Attachment B, Non - Represented Employee Benefits Summary — 2015
- Attachment C, Longevity Pay Plan for Non - Represented Employees — 2015
W: \Word Processing \Resolutions \Non - Represented Employees Compensation -2015 11 -12 -14
SB:bjs
146
Page 2 of 2
Attachment A (Page 1 of 3)
City of Tukwila
Non - Represented Salary Schedule - 2015
Classification Title
Job Title
Range
Office Technician
Human Resources Technician
B21
Office Specialist
Assistant to the Chief
B22
Administrative Assistant
Deputy City Clerk
Executive Assistant
Assistant to the Director
Council Administrative Assistant
B23
Program Coordinator
Systems Administrator
Human Resources Assistant
C41
Management Coordinator
City Clerk
Police Records Manager
C42
Management Analyst
Council Analyst
Human Resources Analyst
Parks & Recreation Analyst
Public Works Analyst
C42
Program Administrator
Economic Development Liaison
Emergency Manager
C43
Project Manager
Project Development Manager
C51
Program Manager
Senior Program Manager
Building Official
Communications /Government Relations
Manager
D61
Administrative Manager
Maintenance Operations Manager
D62
Assistant Director
Deputy Community Development Director
Deputy Finance Director
Deputy Public Works Director
Municipal Court Administrator
D63
Department Manager
Assistant Fire Chief
City Engineer
D72
Department Administrator
Economic Development & Strategic Planning
Manager
E81
Deputy Police Chief
Deputy Police Chief
E82
147
Attachment A (Page 2 of 3)
City of Tukwila
Non - Represented Salary Schedule - 2015
Classification Title
Job Title
Range
Department Head
Human Resources Director
DCD Director
Finance Director
IT Director
Parks & Recreation Director
E83
Department Director
Fire Chief
Police Chief
Public Works Director
E91
City Administrator
City Administrator
F102
148
Attachment A (Page 3 of 3)
Non - Represented Salary Structure (Monthly) - 2015
2015
Non- Represented Salary Structure (Monthly)
DBM (Minimum)...
Rating _... Step 1 Step 2 Step 3
Step 4 Step 5 Step 6 Step 7
A11
3,937
4,061
4,185
4,308
4,430
Al2
4,249
4,385
4,520
4,653
4,785
A13
4,573
4,713
4,856
5,000
5,141
B21
4,776
4,955
5,136
5,314
5,497
B22
5,087
5,277
5,469
5,660
5,853
B23
5,393
5,596
5,799
6,001
6,208
B31
5,661
5,909
6,156
6,404
6,652
B32
6,112
6,380
6,649
6,917
7,186
C41
6,296
6,547
6,799
7,052
7,304
7,557
C42
6;650
6,918
7,184
7,450
7117
7,986
C43
6,946
7,225
7.504
7,782
8,059
8,341
C51
7,173
7,494
7,816
8;140
8,460
8,786
C52
7,667
8,011
8,356
8,702
9,048
9,320
D61
7,585
7,964
8,344
8,725
9,104
9,480
D62
7,721
8,105
8,491
8,876
9,264
9,648
D63
7,991
8,391
8.791
9.191
9,591
9,989
D71
8,175
8,622
9,071
9,519
9,966
1Q416
D72
8,579
9,047
9,517
9,985
10,456
10,925
E81
8,669
9,102
9,538
9,968
10,434
1 0,902
11,349
E82.
8,988
9,439
9,890
10,340
10,792
11,243
11,692
E83
9,252
9,717
10,177
10,642
11,104
1 1,567
12,031
E91
9.574
10,054
10.533
11,014
11,492
11,972
12.452
E92
9,969
10,470
10,971
11,469
1t969
1.2.469
12.969
F101
10,371
1 0,889
11,407
11,928
12,449
12,965
13,485
F102
10,252
10.763
11,277
11,792
12,305
12,818
13.331
149
Attachment B (Page 1 of 2)
Non - Represented Employee Benefits - 2015
Social Security (FICA): Social Security benefits shall be provided as contained in Section
2.52.010 of the Tukwila Municipal Code (TMC).
State -Wide Employee Retirement System (PERS): Retirement shall be provided as contained
in Section 2.52.020 of the TMC.
Holidays: Holidays shall be provided as contained in Section 2.52.030 of the TMC. Regular
part -time employees shall be entitled to benefits on a pro -rata basis. An additional floating
holiday shall be granted to each non - represented employee, for a total of 2 floating holidays.
Sick Leave: Sick leave shall be provided as contained in Section 2.52.040 of the TMC. Regular
part -time employees shall be entitled to benefits on a pro -rata basis.
Medical Insurance: The City shall pay 100% of the 2015 premium for regular full -time
employees and their dependents under the City of Tukwila self - insured medical/ dental plan.
Premium increases above 8% per year shall result in a modified plan document to cover the
additional cost above 8 %, or a premium shall be implemented for the difference, at the City's
discretion. The City reserves the right to select all medical plans and providers. Regular part -
time employees shall be entitled to benefits on a pro -rata basis. Employees who choose
coverage under the Group Health Cooperative plan shall pay the difference between the City of
Tukwila plan full- family rate and the rate charged to them by Group Health.
Dental Insurance: The City shall provide 100% of the 2015 premium for the regular full -time
employees and all dependents under the City of Tukwila self - insured medical/ dental plan for
dental coverage. Regular part -time employees shall be entitled to the same benefits on a pro -
rata basis.
Life Insurance: For regular full -time employees, the City shall pay the premium for Plan C
(Multiple of annual earnings) or similar group life and accidental death and dismemberment
insurance policy. Said plan shall be at 100% of annual earnings rounded up to the next $1,000.
Regular part -time employees that work at least 20 hours per week shall be entitled to benefits
on a pro -rata basis (per insurance program requirements).
Vision/Optical: Benefits provided to all non - represented regular full-time employees and their
dependents at the rate of $200 per person, to a maximum of $400 per family unit each year.
Regular part -time employees and their dependents shall be entitled to benefits on a pro -rata
basis.
Disability Insurance: The City shall provide 100% of the premium for regular full -time
employees for a comprehensive long -term disability policy. Regular part -time employees that
work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance
program requirements).
Health Reimbursement Arrangement /Voluntary Employee Benefit Association (HRA/VEBA):
VEBA benefits shall be provided as contained in Resolution No. 1445 and as amended.
150
Attachment B (Page 2 of 2)
Non - Represented Employee Benefits - 2015
Vacation: Following the sixth month of continuous employment, annual vacation leave of six
full days (each day is calculated at eight hours, regardless of schedule worked) shall be granted.
Thereafter, an additional day of annual leave shall accrue each month, up to a total of 12 days.
Three additional days of annual leave shall be granted on the employee's anniversary date after
the third, fourth and fifth years. After six years, the employee shall be granted one day per year
additional annual leave to a maximum of 24 days per year. The maximum number of accrued
hours is 384 or 48 days.
Years of Service
Vacation Accrual
Years of Service
Vacation Accrual
0 -1 years
12 days*
10 years
19 days
1 -2 years
12 days
11 years
20 days
3 -6 years
15 days
12 years
21 days
7 years
16 days
13 years
22 days
8 years
17 days
14 years
23 days
9 years
18 days
15 years
24 days (maximum)
*Six full days will be granted following the sixth month of continuous employment.
(Days accrue at eight hours, regardless of schedule worked.) Regular part -time
employees shall be entitled to benefits on a pro -rata basis.
Uniform Allowance: An annual uniform allowance of $650 shall be granted to the following
employees: Fire Chief, Assistant Fire Chief, Police Chief, Deputy Police Chief, and Records
Manager.
151
Attachment C
Longevity Pay Plan for Non - Represented Employees -- 2015
The monthly longevity flat rates shall be as follows for regular full -time employees after the
completion of the number of years of full time employment with the City set forth below.
Regular part -time employees shall receive longevity on a pro -rata basis.
Completion of 5 years
$75
Completion of 10 years
100
Completion of 15 years
125
Completion of 20 years
150
Completion of 25 years
175
Completion of 30 years
200
152
INCLUDED AT THE REQUEST OF FS COM.
2014 - Non - Represented Salary Structure
Non - Represented Salary Structure (Monthly)
DBM
Rating
(Minimum)
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
All
3,860
3,981
4,103
4,223
4,343
Al2
4,166
4,299
4,432
4,562
4,691
A13
4,483
4,621
4,761
4,902
5,040
B21
4,682
4,858
5,035
5,210
5,389
B22
4,987
5,174
5,361
5,549
5,738
B23
5,287
5,487
5,686
5,884
6,086
B31
5,550
5,793
6,036
6,279
6,522
B32
5,992
6,255
6,519
6,781
7,045
C41
6,173
6,418
6,666
6,914
7,161
7,408
C42
6,520
6,783
7,043
7,304
7,565
7,829
C43
6,810
7,083
7,357
7,629
7,901
8,177
C51
7,032
7,347
7,663
7,980
8,294
8,614
C52
7,516
7,854
8,192
8,531
8,871
9,137
D61
7,436
7,808
8,180
8,554
8,925
9,294
D62
7,570
7,946
8,325
8,702
9,082
9,459
D63
7,834
8,226
8,618
9,011
9,403
9,793
D71
8,015
8,453
8,893
9,332
9,771
10,212
D72
8,411
8,870
9,330
9,789
10,251
10,710
E81
8,499
8,924
9,351
9,773
10,229
10,688
11,126
E82
8,812
9,254
9,696
10,137
10,580
11,022
11,463
E83
9,071
9,526
9,978
10,433
10,886
11,340
11,795
E91
9,387
9,857
10,327
10,798
11,267
11,738
12,208
E92
9,774
10,265
10,756
11,244
11,734
12,225
12,714
F101
10,168
10,676
11,183
11,694
12,204
12,710
13,220
F102
10,051
10,552
11,056
11,561
12,064
12,567
13,069
The rates for 2014 are frozen at 2013 rates.
153
154
Finance & Safety Committee Minutes November 18, 2014 - Page 2
D. Ordinance: Sunset Provision Extension on Interfund Utility Tax
Staff is seeking Council approval of an ordinance that would extend the sunset provision for the
collection of City utility taxes to December 31, 2021. Currently a 10% tax is assessed on the
revenues of City- operated utilities which is set to end on December 31, 2015. In 2013 the City
recognized nearly $1.7 million of interfund utility tax receipt, and as of September 302, 2014 the
general fund has received $1.5 million. If the sunset provision is not extended the City will have
to consider budget reductions or alternate revenue sources beginning in 2016. UNANIMOUS
APPROVAL. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE WHOLE.
E. Ordinance: Tow Truck Licensing
Staff is seeking Council approval of an ordinance to repeal Tukwila Municipal Code Chapter
5.44, "Tow Truck Businesses" in its entirety. Because tow truck businesses are regulated by the
Department of Licensing and trucks are inspected by the Washington State Patrol, staff is
recommending that an additional City inspection and licensing process is not needed. In 2014
to date the City has licensed 40 trucks totaling $1,000 in revenue, and in 2013, 39 trucks totaling
$975. This revenue does not cover the staff time associated with the inspections so there is no
significant financial impact from this proposal. Other City business licensing requirements will
continue to apply. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014
COMMITTEE OF THE WHOLE.
F. Police Department Quarterly Report
Chief Villa updated the Committee on items of significance that occurred in the Police
Department during the third quarter of 2014. The information included highlights, staffing
information, crime statistics and crime reduction strategies. A map of residential burglary
locations was distributed to the Committee.
G. Resolution: Wages and Benefits for Non - Represented Employees
Staff is seeking Council approval of a resolution that would provide a 2% cost of living
adjustment (COLA) to all non - represented employees effective January 1, 2015. Resolution No.
1796 provides that in odd - numbered years a COLA based upon 90% of the Seattle- Tacoma-
Bremerton Consumer Price Index (CPI -W) Average (June to June) be applied to the non-
represented employee pay schedule. The CPI -W June is 2.2 %, 90% of which is 1.98%.
Because non - represented employee wages have lagged behind those of represented
employees, staff recommends a 2.0% increase to mitigate effects such as salary compression.
The proposed resolution will also approve a Summary of Benefits and a Longevity Pay Plan in
addition to the Salary Schedule. No changes are being proposed to either of those from previous
years. Staff distributed an updated Attachment A that included two positions inadvertently
omitted, and an updated Attachment B that corrects the title of the Deputy Police Chief. The
Committee requested the previous Salary Schedule be included in the packet for Committee of
the Whole discussion. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014
COMMITTEE OF THE WHOLE.
III. MISCELLANEOUS
Meeting adjourned at 6:37 p.m.
Next meeting: Tuesday, December 2, 2014 - 5:30 p.m. - Hazelnut Conference Room
Committee Chair Approval
155
156
COUNCIL AGENDA SYNOPSIS
Inc/laic
MedingDale
Prepared by
Mayor's review
Council reoieui
11/24/14
SB
Resolution
Mg Date
,
12/01/14
SB
Public Pleating
Altg Date
Ell Other
Mtg Date
Mtg Date
SP ONSOR Council Mayor FIR E DCO Finance Fire LI IT _ PeR EII Police LI 1'
SPONSOR'S City staff, the labor relations consultant, and the USW Police Commanders' bargaining
SUMMARY team opened labor negotiations on 9/9/13, in an effort to reach an agreement on a
successor labor contract for Police Commanders. A tentative agreement has been reached
and information is being presented for City Council approval and to authorize the Mayor to
sign the Collective Bargaining Agreement (CBA).
RI \11\\'I1) BY — COW Mtg. E CA&P cmt, E F&S Cmte 0 Transportation Cmte
_ Utilities Cmte r Arts Comm. [ Parks Comm. [1] Planning Comm.
DATE: N/A COMMVITIA-', CI-IAIR:
RECOMMENDATIONS:
SP()NsoR/ADNIIN.
cofmirrif.k
Human Resources Department
COST IMPACT / FUND SOURCE
ITEM INFORMATION
ITEM No.
4.F.
157
STAN,' SPoNSolt: STEPHANIE BROWN
ORIGINAL AGPINDA IIVIE: 11/24/14
AG I DA ITI Al TIT1T; Authorize the Mayor to sign the Collective Bargaining Agreement (CBA) with the
United Steelworkers (USW) Police Commanders for contract years 2014-2016.
(:\1'1;()RY Difiussion
Mtg Dale 11/24/14
z Motion
ill tg Date 12/01/14
Resolution
Mg Date
I— Ordinance
Mt?, Dale
• Bi
d Award
Public Pleating
Altg Date
Ell Other
Mtg Date
Mtg Date
SP ONSOR Council Mayor FIR E DCO Finance Fire LI IT _ PeR EII Police LI 1'
SPONSOR'S City staff, the labor relations consultant, and the USW Police Commanders' bargaining
SUMMARY team opened labor negotiations on 9/9/13, in an effort to reach an agreement on a
successor labor contract for Police Commanders. A tentative agreement has been reached
and information is being presented for City Council approval and to authorize the Mayor to
sign the Collective Bargaining Agreement (CBA).
RI \11\\'I1) BY — COW Mtg. E CA&P cmt, E F&S Cmte 0 Transportation Cmte
_ Utilities Cmte r Arts Comm. [ Parks Comm. [1] Planning Comm.
DATE: N/A COMMVITIA-', CI-IAIR:
RECOMMENDATIONS:
SP()NsoR/ADNIIN.
cofmirrif.k
Human Resources Department
COST IMPACT / FUND SOURCE
EX1TNIA1URD Rk(2 la) AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
12/01/14
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/19/14
(copy of the 2014-2016 labor agreement provided under separate cover)
157
158
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Stephanie Brown, Human Resources Director
DATE: November 19, 2014
SUBJECT: USW Police Commanders Collective Bargaining Agreement (2014-2016)
BACKGROUND
The City labor negotiations team and the USW (United Steelworkers) Police
Commanders opened labor negotiations on September 9, 2013, in an effort to reach an
agreement on a successor labor contract. A tentative agreement was reached during
mediation in good faith between the parties on November 14, 2014 which resulted in a
three year contract (2014-2016).
The City team used the guiding principles established by the Council in their
Compensation Resolution No. 1796, setting the focus for the negotiation and mediation
process.
The contract provides for wage increases over term of the labor agreement based upon
external market comparators, using flat percentage or CPI-W formula. Other negotiated
changes were to the Bereavement Leave and the Grievance Procedure articles of the
agreement. Overall, the negotiation and mediation process was a good collaborative
effort by both parties.
RECOMMENDATION
The City Council is being asked to authorize the Mayor to sign the successor collective
bargaining agreement between the City and the USW Police Commanders at the
December 1, 2014, Regular meeting.
159
160
COUNCIL AGENDA SYNOPSIS
Meeting Date
Prepared by
Mayor's review
Council review
11/24/14
JH
E Resolution
Mtg Date
0/0
12/1/14
JH
E Other
Mtg Date
SPONSOR Council Mayor HR El DCD 'inance E !ire LI IT R II Police
SPONSOR'S Currently, TMC 5.44 requires a $25 licensing fee for each tow truck used in the City of
SUMMARY Tukwila. TMC 5.44 creates the expectation that tow trucks have been inspected by the
police department and have been deemed safe. RCW 46.55 regulates tow trucks and
inspection falls upon the Washington State Patrol. TMC 5.44 is unnecessary and
duplicative of the RCW, making an additional (and unnecessary) regulatory step for the
applicant.
REVIEWED BY El COW Mtg. E CA&P Cmte 0 F&S Cmte El Transportation Cmte
E Utilities Cmte [1] Arts Comm. E Parks Comm. E Planning Comm.
DATE: 11/18/14 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
spoNsoR/ADmiN.
CommrITEE
Police Department
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
ExpINDmar: RiuiRi A) AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $ $
Fund Source:
Comments..
ITEM INFORMATION
ITEM No.
4.G.
161
STAFF SPONSOR: JON HARRISON
ORIGINAL AGENDA DATE: 11/24/14
AGENDA ITEM TITLE An ordinance updating TMC Title 5 relating to Tow Truck Business licensing
CATI(;ORY Discussion
Mtg Date 11/24/14
11 Motion
Mtg Dale
E Resolution
Mtg Date
Z Ordinance
Mtg Dale 12/1/14
[1,1 Bid Award
Mtg Date
E] Public Hearing
Mig Dale
E Other
Mtg Date
SPONSOR Council Mayor HR El DCD 'inance E !ire LI IT R II Police
SPONSOR'S Currently, TMC 5.44 requires a $25 licensing fee for each tow truck used in the City of
SUMMARY Tukwila. TMC 5.44 creates the expectation that tow trucks have been inspected by the
police department and have been deemed safe. RCW 46.55 regulates tow trucks and
inspection falls upon the Washington State Patrol. TMC 5.44 is unnecessary and
duplicative of the RCW, making an additional (and unnecessary) regulatory step for the
applicant.
REVIEWED BY El COW Mtg. E CA&P Cmte 0 F&S Cmte El Transportation Cmte
E Utilities Cmte [1] Arts Comm. E Parks Comm. E Planning Comm.
DATE: 11/18/14 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
spoNsoR/ADmiN.
CommrITEE
Police Department
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
ExpINDmar: RiuiRi A) AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $ $
Fund Source:
Comments..
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
MTG. DATE
ATTACHMENTS
11/24/14
Informational memorandum dated 11/10/14
Draft Ordinance
TMC 5.44
Minutes from the Finance and Safety Committee meeting of 11/18/14
12/1/14
161
162
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Police Chief Mike Villa
BY: Commander Jon Harrison
DATE: November 10, 2014
SUBJECT: An ordinance updating Tukwila Municipal Code (TMC) Title 5 relating to
Tow Truck Business licensing
ISSUE
ISSUE
Tukwila Municipal Code 5.44 requires the City of Tukwila to individually license tow trucks and
tow truck businesses annually. Tow truck businesses and tow trucks are regulated by the
Department of Licensing (DOL) and inspected by the Washington State Patrol (WSP) for
compliance with the requirements for tow trucks as listed in RCW 46.55.
BACKGROUND
TMC 5.44 requires an annual $25 licensing fee per truck that operates in the City. Part of the
application for a Tow Truck license includes the submission of a "current Washington tow truck
operator registration". This registration is issued by DOL and is part of the vehicle inspection
that is handled by the WSP. WSP is responsible for vehicle inspection and certifying that the
vehicle complies with RCW 46.55. TMC 5.44 duplicates the inspection requirement currently in
place by State law.
DISCUSSION
There is no need for the City to be involved in the inspection or certification of tow trucks as
being (among other things) in "...safe operating condition," when that is already being done by
the WSP. Additionally, a secondary inspection by Police staff unnecessarily increases the
liability for the City, and creates another inspection/licensing step for the applicant. The amount
charged for the licensing of the truck would not cover the staff costs to conduct the inspection.
FINANCIAL IMPACT
In 2014, the City licensed 40 tow trucks for a total of $1,000 in revenue, and in 2013, 39 tow
trucks were licensed for $975. If the attached ordinance is adopted, this revenue would be lost,
however, the staff time/cost associated with Police Officers performing inspections would
mitigate that financial impact.
RECOMMENDATION
The Council is being asked to approve the ordinance and consider this item at the November
24, 2014 Committee of the Whole meeting and subsequent December 1, 2014 Regular Meeting.
ATTACHMENTS
Draft Ordinance
TMC 5.44
163
164
RAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING VARIOUS
ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL
CODE CHAPTER 5.44, "TOW TRUCK BUSINESSES;"
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, Tukwila Municipal Code Chapter 5.44 establishes licensing requirements
and procedures for tow truck businesses and operators within the City of Tukwila; and
WHEREAS, the Washington State Department of Licensing (DOL) also licenses and
regulates tow truck operators; and
WHEREAS, the City believes it is more appropriate for the Washington State DOL to
regulate tow truck businesses and operators;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Tukwila Municipal Code (TMC) Chapter 5.44 Repealed. Ordinance
Nos. 2368 §1; 2355 §16, §17 and §18; and 1813 §1; and Ordinance No. 1482, are
hereby repealed, thereby eliminating TMC Chapter 5.44, "Tow Truck Businesses," in its
entirety.
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.
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Page 1 of 2
165
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:
Rachel Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Page 2 of 2
TITLE 5 — BUSINESS LICENSES AND REGULATIONS
CHAPTER 5.44
TOW TRUCK BUSINESSES
Sections:
5.44.010 Definitions
5.44.020
5.44.030
5.44.040
5.44.050
5.44.060
5.44.100
5.44.110
5.44.120
5.44.140
5.44.150
5.44.160
5.44.170
5.44.180
5.44.190
5.44.200
5.44.210
5.44.230
5.44.240
5.44.250
5.44.260
5.44.270
License - Required
License - Application
Inspection report required
Insurance
License - Fee
Inspection
Regulations for drivers
Rates
Charges - Preparation of bills
Lifting and towing
Minimum equipment required
Emergency lighting
Performance ability of brakes
Impounds and accident scenes
Police requests
License - Revocation
Out -of -town tow truck operators
Enforcement
Appeal
Additional rules and regulations
Violation - Penalty
5.44.010 Definitions
As used in this chapter:
1. "Impound" means the taking of a vehicle into
legal custody, pursuant to law.
2. "Licensee" means a towing business or towing
service having a valid license issued by the City authorizing
the furnishing of towing services.
3. Police" means any authorized agent of the
Tukwila Police Department or other law enforcement agency
having jurisdiction.
4. Police department" means the Police
Department of the City.
5. "Towing business" or "towing service" includes
any person, corporation, partnership, joint venture or other
business entity which owns and /or operates one or more tow
trucks within the City limits.
6. "Tow truck" means any vehicle designed or
intended to tow vehicles which are disabled by mechanical
failure or physical damage or being impounded pursuant to
law.
(Ord. 1482 §1 (part), 1988)
5.44.020 License - Required
A. It is declared to be essential to the public interests
that no person shall be authorized or permitted to operate a
tow truck business within the City limits unless such person is
the holder of a valid license issued by the City.
B. It is unlawful for any person, corporation, partnership,
joint venture or other business entity to operate a towing busi-
ness or towing service within the City limits without first ob-
taining a license therefor issued by the City. Such license shall
not be transferable and upon sale or other transfer of the tow-
ing business a new license must be obtained as provided
herein. The fact that the operation of any tow truck is ancillary
to the operation of any other business shall not exempt such
operation from the licensing requirements of this section.
(Ord. 1482 §1 (part), 1988)
5.44.030 License - Application
A. Every person desiring to operate or have charge of a
tow truck business within the City shall make a written
application to the Finance Director for a license to do so.
B. Such application shall be referred to the Community
Development Director for review to insure the proper location
and screening of the proposed operation as set forth in TMC
Title 18.
(Ord. 2368 §1, 2012; Ord. 2355 §16, 2011;
Ord. 1482 §1 (part), 1988)
5.44.040 Inspection report required
When filed, the application shall also be accompanied by
a current tow truck permit issued by the Washington State Pa-
trol.
(Ord. 1482 §1 (part), 1988)
5.44.050 Insurance
A. Every operator shall file with the Finance Director a
policy or policies of public liability insurance, issued by an
insurance company or companies authorized to do business in
the State, providing indemnity for or protection to the City as
well as providing public liability insurance coverage for each
and every vehicle owned, operated and /or leased by the
applicant, for injury to or death of persons, passengers or
otherwise in accidents resulting from any cause by which the
owner and /or operator of the vehicle would be liable on
account of any liability imposed upon him by law, regardless of
whether the vehicle was being driven by the owner or his
agent, and as against damage to the property of another,
including personal property under like circumstances, in the
sum of $50,000 for the injury or death of one person, or
$100,000 for the injury or death of more than one person in
any one accident and $10,000 for property damage.
Produced by the City of Tukwila, City Clerk's Office
Page 5-29
167
TUKWILA MUNICIPAL CODE
B. Any copy of any such insurance policy shall be
subject to approval as to sufficiency and as to form by the City
Attorney. Every such policy of insurance shall provide that the
liability of the insured shall not be affected by the insolvency or
bankruptcy of the insured. The policy shall be for the benefit of
any and all judgment creditors and shall extend for the period
to be covered by the license applied for and the insurer shall
give not less than ten days' written notice to the Finance
Director in the event of change or cancellation.
(Ord. 2355 §1Z 2011; Ord, 1482 §1 (part), 1988)
5.44.060 License - Fee
Every applicant shall produce a current Washington tow
truck operator registration. Upon proper authorization by the
City Council, the Finance Director shall, upon receipt of the
annual license fee, issue a license which shall expire on the
31st day of December of the year in which it is issued. The
annual license fee shall be $25.00 for each vehicle to be
operated, and a separate license shall be required for each
vehicle.
(Ord. 2355 §18, 2011; Ord. 1482 §1 (part), 1988)
5.44.100 Inspection
A. All vehicles operated under the authority of this chap-
ter shall be available for inspection at any reasonable time and
place by the Chief of Police or his duly appointed representa-
tive. The Chief of Police or his duly appointed representative
may inspect a vehicle to determine cleanliness, proper equip-
ment, good appearance, safe operating condition; and the
Chief of Police or his duly appointed representative may at the
time of his inspection ascertain that the vehicle is carrying the
permits issued by the Department of Licenses of the State,
showing such vehicle to be properly bonded for the public
protection, and also the licenses issued pursuant to this chap-
ter. If the Chief of Police or his duly appointed representative
determines during his inspection that the condition of any ve-
hicle needs correction, he shall issue to the operator or driver
thereof a notice in writing specifying such defects and same
shall be remedied at a date to be fixed by the Chief of Police in
such notice.
B. The Chief of Police shall order any such vehicle to
cease operation immediately if, in his determination, the ve-
hicle is in an unsafe condition, and shall notify the operator or
driver of such determination in writing.
(Ord. 1482 §1 (part), 1988)
5.44.110 Regulations for drivers
It is unlawful for any operator to knowingly employ any
driver who has been convicted of a felony and who has not, at
the time of employment, been restored to his full civil rights
and no longer under supervision of any parole or probation
officer. All drivers must be at least 18 years of age.
(Ord. 1482 §1 (part), 1988)
5.44.120 Rates
All rates must be approved by the City Council and be
made a matter of record.
(Ord. 1482 §1 (part), 1988)
5.44.140 Charges - Preparation of bills
Every operator, his agent or employee, after towing a dis-
abled vehicle away, shall prepare a bill in duplicate. The origi-
nal shall be given to the owner of such vehicle or his autho-
rized representative and the copy retained by the operator at
his place of business for a period of six months, and shall be
exhibited upon demand of the Chief of Police or his duly autho-
rized representatives. This bill shall contain the following in-
formation:
1. Name, address and place of business of opera-
tor;
2. Name and address of person calling for and en-
gaging the tow truck;
3. State license number and description of the dis-
abled vehicle;
4. The company number of the wrecker or other ve-
hicle used for towing purposes;
5. Total amount charged for towing and storage;
6. The time and place from which towing com-
menced and terminated.
(Ord. 1482 §1 (part), 1988)
5.44.150 Lifting and towing
Any vehicle used to tow another vehicle, for any fee, shall
be designed and constructed specifically for this purpose.
Minimum lifting capacity per boom shall be 6,000 pounds and
no part of the mechanism (winches, booms, blocks, winch
brakes and cable) shall be rated less than 6,000 pounds. No
tow truck shall be used to lift any vehicle of such weight that
the rated capacity is less than 1 -1/2 times the lifted weight, but
at a minimum shall meet or exceed current standards estab-
lished by the Washington State Patrol.
(Ord. 1482 §1 (part), 1988)
5.44.160 Minimum equipment required
Tow trucks shall be so equipped as to meet the minimum
requirements for the towing of vehicles established by the
Washington State Patrol.
(Ord. 1482 §1 (part), 1988)
5.44.170 Emergency lighting
Tow trucks shall comply with all legal lighting requirements
and in addition shall have mounted thereon a revolving red
light capable of 360 degrees' visibility. The revolving red light
shall be used only at accidents or emergency scenes. Each
tow truck shall carry a portable tail lamp and stop lamp combi-
nation on a bracket with an extension cord capable of being
mounted on the rear of the damaged or disabled vehicle.
(Ord. 1482 §1 (part), 1988)
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168
Produced by the City of Tukwila, City Clerk's Office
TITLE 5 — BUSINESS LICENSES AND REGULATIONS
5.44.180 Performance ability of brakes
Braking systems on all combinations of vehicles shall be
in accordance with classification C -4, RCW 46.37.351.
(Ord. 1482 §1 (part), 1988)
5.44.190 Impounds and accident scenes
Each towing service licensee who wishes to impound
vehicles, either private or public, and /or to respond to Police
requests to clear accident scenes shall, in addition to the other
requirements set forth herein, provide the following:
1. Service to the public on a 24 -hour basis. One
suitable single -party telephone service shall be obtained and
maintained;
2. Radio equipment installed at a dispatching point
and in each of the vehicles, and maintained in good working
order at all times;
3. Maintain an average response time of not more
than 20 minutes to all locations within the City;
4. Secure a bond to cover any loss of public or
private property from vandalism or theft while vehicles
impounded are stored in an impound storage lot.
(Ord. 1482 §1 (part), 1988)
5.44.200 Police requests
When the owner of a motor vehicle has not requested a
specific towing firm and relies upon the Police Department to
call a tow service or for any other Police Department initiated
tow of a vehicle, the Police Department may utilize the
services of a duly licensed tow company under one or more
sole provider contracts. The conditions and administrative
regulations applicable to providing acceptable tow, impound,
and vehicle storage service via a City tow contract shall be
promulgated by the Chief of Police and approved by the Office
of the Mayor. A tow company under contract with the City
shall comply with the administrative regulations promulgated
pursuant to RCW 56.55.240(4). The City Clerk shall facilitate
advertising, a schedule, and bid opening for submitted contract
bid proposals. The Chief of Police shall submit a
recommendation to the Office of the Mayor for contract
awarding. The Office of the Mayor shall solicit authorization
from the City Council to enter into a contract for tow services
with a company or companies meeting prescribed
qualifications.
(Ord. 1813 §1, 1997; Ord. 1482 §1 (part), 1988)
5.44.210 License - Revocation
The grounds for the revocation of a license issued under
this chapter are as follows:
1. The license was procured by fraudulent conduct
or false statements of a material fact, or that a material fact
concerning the applicant was not disclosed at the time of his
making application;
2. The licensee, his agent or representative has
offered to pay or has paid directly or indirectly a gratuity or
reward to any person not a bona fide employee of the operator
for furnishing information as to the location of a disabled
vehicle;
3. If any employee of the City or any of its
departments has any interest, whether as an owner or
operator, partner, employee or otherwise, either directly or
indirectly, in the business of an operator licensed under this
chapter;
4. If any operator or employee fails to report to the
Police Department any calls received to remove a vehicle from
the scene of any accident or does remove any vehicle from the
scene of an accident without notification to the Police
Department;
5. Interception by the licensee or any employee
thereof of Police calls by short wave radio or otherwise, or
monitoring of short wave messages not specifically directed to
the operator or his employee for the purpose of going to the
scene of accidents;
6. Failure to keep records or issue receipts as
required in this chapter;
7. Failure to maintain full service or any mis-
representation of availability of service, when called;
8. The charging of rates in excess of those
approved by the City Council and published.
(Ord. 1482 §1 (part), 1988)
5.44.230 Out -of -town tow truck operators
Nothing in this chapter shall prevent the owner of a motor
vehicle requiring towing service from calling a tow truck
operator not doing business within the City. Tow trucks from
businesses located outside the City, while operating within the
City, must meet the safety, lighting and equipment
requirements of this chapter, and failure to do so shall subject
them to the penalties prescribed by TMC 5.44.270.
(Ord. 1482 §1 (part), 1988)
5.44.240 Enforcement
If the Chief of Police finds that any licensee has violated or
failed to comply with any provisions of this chapter, he shall
make a written record of such finding and shall specify therein
the particulars; and he may revoke or suspend the City of
Tukwila license for a reasonable period to be fixed by him.
(Ord. 1482 §1 (part), 1988)
Produced by the City of Tukwila, City Clerk's Office
Page 5-31
169
TUKWILA MUNICIPAL CODE
5.44.250 Appeal
Any licensee whose license is revoked or suspended shall
have the right to appeal to the City Council from such
revocation or suspension by filing with the City council a
written notice thereof within five days after the notice of entry
of the order of revocation or suspension. The notice of appeal
shall specify an address at which the licensee may be given
notice of hearing on the appeal. The City Council shall hear
the appeal or may refer the same to a committee of hearing.
At the hearing the licensee shall be entitled to appear in
person and offer evidence pertinent to the revocation or
suspension, and the Chief of Police shall likewise be entitled to
be heard at the hearing and to offer evidence in support of his
order of revocation or suspension. By majority vote of the City
Council, the action of the Chief of Police shall be overruled or it
shall be sustained, and its action in that respect shall be final
and conclusive. From the time of filing the written notice of
appeal until the hearing and action by the City Council, the
order of the Chief of Police of revocation or suspension shall
be ineffective. Any suspended or revoked license shall be
surrendered to the Chief of Police.
(Ord. 1482 §1 (part), 1988)
5.44.260 Additional rules and regulations
The Chief of Police may make and enforce reasonable
rules and regulations consistent with this chapter, including
provision for inspection by him or his designee of vehicles
hereunder.
(Ord. 1482 §1 (part), 1988)
5.44.270 Violation - Penalty
Anyone violating or failing to comply with any of the
provisions of this chapter shall, upon conviction thereof, be
punished by a fine not greater than $500.00 or imprisonment in
the City jail for not longer than six months, or both.
(Ord. 1482 §1 (part), 1988)
Page 5-32
170
Produced by the City of Tukwila, City Clerk's Office
Finance & Safety Committee Minutes November 18, 2014 - Page 2
D. Ordinance: Sunset Provision Extension on Interfund Utility Tax
Staff is seeking Council approval of an ordinance that would extend the sunset provision for the
collection of City utility taxes to December 31, 2021. Currently a 10% tax is assessed on the
revenues of City- operated utilities which is set to end on December 31, 2015. In 2013 the City
recognized nearly $1.7 million of interfund utility tax receipt, and as of September 302, 2014 the
general fund has received $1.5 million. If the sunset provision is not extended the City will have
to consider budget reductions or alternate revenue sources beginning in 2016. UNANIMOUS
APPROVAL. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE WHOLE.
E. Ordinance: Tow Truck Licensing
Staff is seeking Council approval of an ordinance to repeal Tukwila Municipal Code Chapter
5.44, "Tow Truck Businesses" in its entirety. Because tow truck businesses are regulated by the
Department of Licensing and trucks are inspected by the Washington State Patrol, staff is
recommending that an additional City inspection and licensing process is not needed. In 2014
to date the City has licensed 40 trucks totaling $1,000 in revenue, and in 2013, 39 trucks totaling
$975. This revenue does not cover the staff time associated with the inspections so there is no
significant financial impact from this proposal. Other City business licensing requirements will
continue to apply. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014
COMMITTEE OF THE WHOLE.
F. Police Department Quarterly Report
Chief Villa updated the Committee on items of significance that occurred in the Police
Department during the third quarter of 2014. The information included highlights, staffing
information, crime statistics and crime reduction strategies. A map of residential burglary
locations was distributed to the Committee.
G. Resolution: Wages and Benefits for Non - Represented Employees
Staff is seeking Council approval of a resolution that would provide a 2% cost of living
adjustment (COLA) to all non - represented employees effective January 1, 2015. Resolution No.
1796 provides that in odd - numbered years a COLA based upon 90% of the Seattle- Tacoma-
Bremerton Consumer Price Index (CPI -W) Average (June to June) be applied to the non -
represented employee pay schedule. The CPI -W June is 2.2 %, 90% of which is 1.98 %.
Because non - represented employee wages have lagged behind those of represented
employees, staff recommends a 2.0% increase to mitigate effects such as salary compression.
The proposed resolution will also approve a Summary of Benefits and a Longevity Pay Plan in
addition to the Salary Schedule. No changes are being proposed to either of those from previous
years. Staff distributed an updated Attachment A that included two positions inadvertently
omitted, and an updated Attachment B that corrects the title of the Deputy Police Chief. The
Committee requested the previous Salary Schedule be included in the packet for Committee of
the Whole discussion. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014
COMMITTEE OF THE WHOLE.
III. MISCELLANEOUS
Meeting adjourned at 6:37 p.m.
Next meeting: Tuesday, December 2, 2014 - 5:30 p.m. - Hazelnut Conference Room
-; ; , Eommittee Chair Approval
Minutes by LH
171
172
COUNCIL AGENDA SYNOPSIS
Meeting Date
Prepared ig
Mayor's review
11/24/14
BG
Council review
ITEM INFORMATION
ITEM No.
4.H.
173
STAN: SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 11/24/14
AGENDA Ill I\A TITLE
BNSF Intermodal Facility Access Project
Consultant Selection and Draft Scope of Services
11/24/14
1] Motion
Mg Date
E Resolution
Mtg Date
E Ordinance
Mtg Date
E Bid A2vard
Mfg Date
E Public Hearing
Mtg Date
E Other
Mtg Date
CATEGORY 2 Discussion
Mtcg Date
SP ON SOR J Council E mayor I-IR _ DCD E Finance L F ire X 17' E 1) R E Police PW
SPONSOR'S The City advertised a Request for Qualifications to solicit proposals for preliminary
SUMMARY engineering for the BNSF Intermodal Facility Access Project on September 18 and 25 and
three proposals were received on October 2, 2014. The clear consensus after review by
City staff and BNSF was David Evans and Associates. After the final scope of work is
developed, and the fee is negotiated, the final contract will return to Council for approval.
REvIEWL,D BY E COW Mtg. E CA&P Cmte E F&S Cmte E Transportation Cmte
E Utilities Cmte E Arts Comm. E Parks Comm. lI1 Planning Comm.
DATE: COMMITTEE CI-LAIR:
RECOMMENDATIONS:
SPoNsuR/ADmiN.
commiTivF:
Public Works Department
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 13, PROPOSED 2015 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/21/14
David Evans & Associates' Draft Scope of Work
173
174
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Committee of the Whole
FROM: Bob Giberson, Public Works Director
BY: Grant Griffin, Senior Engineer
DATE: November 21, 2014
SUBJECT: BNSF Intermodal Facility Access Project
Project No. 99510409
Consultant Selection & Draft Scope of Services
ISSUE
Discuss consultant selection and draft scope of work for preliminary engineering services for the BNSF Intermodal Facility
Access Project.
BACKGROUND
The City advertised a Request for Qualifications (RFQ) to solicit proposals from consultants to provide engineering services for
the BNSF Intermodal Facility Access Project. The RFQ was advertised in the Seattle Times and the Seattle Daily Journal of
Commerce on September 18 and 25, 2014 with submittals due on October 2, 2014. This is the first step in eventually reducing
truck traffic on residential S. 124th Street. The intended scope of work for this phase of the project is to develop alternatives,
perform an evaluation of each alternative against specified criteria, solicit input from stakeholders and the community, and
select a preferred alternative for implementation.
DISCUSSION
Three engineering firms submitted Statements of Qualifications (SOQ) for City review. A panel comprised of City staff and
BNSF staff reviewed and scored the submittals. Each person reviewing and scoring the SOQ's rated the same firm as the
highest among the submittals. Subsequent discussions between the panel members concluded that this clear consensus
negated the need for interviews as interview scores were unlikely to change the ranking order. David Evans and Associates,
Inc. (DEA) was the highest rated firm. DEA attended a scoping meeting with the City and has provided a draft scope of work
(attached). Below is the scoring matrix with the results of the SOQ review:
Total Score
David Evans and Associates, Inc. 285 points
H.W. Lochner 272 points
TranTech Engineering 266 points
FINANCIAL IMPACT
Once the scope of work is finalized, a fee will be negotiated and the contract will be presented to a future COW for approval.
OTHER
The City is also conducting an Allentown survey that is assessing a wide range of quality of life issues, including crime,
neighborhood infrastructure (sidewalks, street lights, etc.), traffic, animals and safety. City staff has completed its initial canvass
of the neighborhood and is preparing a second visit to outstanding homes. The survey will be completed in December and staff
will present the findings to the City Council early next year. The survey will be used to lay the groundwork for a future Allentown
Community Assessment Study.
RECOMMENDATION
Discuss the consultant selection of David Evans and Associates, Inc. to provide preliminary engineering services for the BNSF
Intermodal Facility Access Project.
Attachment: Draft Scope of Work
W:IPW EngIPROJECTS1A- RW & RS Projects1BNSF Intermodal Facility Access (99510409)\RFQ \Info Memo BNSF IAP Consult Select RT gl BM-BG mod.docx
175
176
EXHIBIT A
CITY OF TUKWILA
BNSF INTERMODAL FACILITY ACCESS
Scope of Services
Prepared by:',
David Evans and Associates, Inc.
415118th Avenue SE
Bellevue, WA 98005
November 18, 2014
177
TABLE OF CONTENTS
TASK 1.00 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES 1
1.01 Project Description 1
1.02 Design Criteria 1
1.03 Project Deliverables Furnished by the CONSULTANT 1
1.04 Responsibilities and Services Provided by the CLIENT 1
1.05 Project Assumptions 2
TASK 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 2
2.01 Project Management 2
2.02 SUBCONSULTANT Coordination 2
2.03 Develop Project Schedule 2
2.04 Monthly Invoices /Progress Reports 3
2.05 Project Kick -off Meeting and Progress Meetings 3
2.06 Quality Control /Quality Assurance Review 3
2.07 Change Management 3
TASK 3.00 SURVEY 4
3.01 Field Review 4
3.02 Data Collection 4
3.03 Utilities As -Built Research 4
3.04 Base Map Preparation 4
TASK 4.00 ALTERNATIVES ANALYSIS (CONCEPTUAL DESIGN) 4
4.01 Project Site Visits (8 Total) 4
4.02 Alternative Conceptual Design 4
4.03 Conceptual Cost Estimates 5
4.04 Preferred Alternative Selection 5
4.05 Alternative Analysis Report 5
TASK 5.00 ENVIRONMENTAL RESEARCH 6
5.01 Existing Conditions Memorandum 6
5.02 Cultural /Historical Review 6
5.03 Hazardous Materials Review 6
5.04 Geology and Soils Review 7
5.05 Existing Hydraulic Review 8
TASK 6.00 STAKEHOLDERS CONCURRENCE 8
6.01 Railroad Coordination 8
6.02 Community Involvement 8
TASK 7.00 PRELIMINARY DESIGN OF PREFERRED ALTERNTIVE (IF REQUESTED) 9
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TASK 1.00 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES
1.01 Project Description
The City of Tukwila (CLIENT) is requesting professional services from David Evans and Associates, Inc.
(CONSULTANT) for an alternative study, conceptual designs and cost estimates, and selection of a
preferred alternative for the access to BNSF Intermodal Facility (also known as South Seattle Yard) in the
Allentown community of Tukwila.
The major features of the project include:
• Aerial base mapping
• Conceptual Design
• Conceptual Cost Estimate for each Alternative
• Environmental Desk Research
• Public Outreach
• Railroad Coordination
• Council Presentation
• Preferred Alternative Selection
1.02 Design Criteria
The conceptual design will be based on the requirements of the City of Tukwila Infrastructure Design
and Construction Standards and AASHTO's "Green Book."
1.03 Project Deliverables Furnished by the CONSULTANT
The CONSULTANT shall maintain a project file for pertinent work items. The CLIENT review sets will be
returned with each subsequent revision, illustrating that each review comment has been addressed as
stated or how /why it was not addressed. The CONSULTANT shall deliver the following documents and
products to the CLIENT as part of this agreement:
•
•
•
1.04 Responsibilities and Services Provided by the CLIENT
The CLIENT will:
• Provide all available existing as -built plans, right -of -way plans, horizontal and vertical monument
information, G.I.S. maps, and other mapping information as available to the CONSULTANT.
• Review all submittals made to the CLIENT within 15 working days, or as agreed, and return them
to the CONSULTANT with consolidated written comments regarding changes or revisions
needed.
• Provide an electronic copy of the aerial photograph to reference into CAD drawings.
• Provide a hydraulic model of the Duwamish River. gic 14 1443
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1.05 Project Assumptions
• All drawings will be prepared in AutoCAD 2012 format, utilizing the CONSULTANT's CADD
standards, and drawn at one inch equals forty feet for 11" x 17" plans. Only 11 "x17" plans will
be developed for this Scope of Work.
• Up to five (5) alternatives will be evaluated.
• The project duration is assumed to be nine (9) months.
TASK 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL
2.01 Project Management
Direction of the CONSULTANT staff and review of their work over the course of the project shall be
provided. This work element includes preparing monthly progress reports that include the status of
individual work elements, number of meetings attended, outstanding information required, and work
items planned for the following month.
Monitoring of the CONSULTANT'S design budget will occur over the course of the project. This work
element is intended to help monitor costs and budgets, and to propose corrective actions. These actions
may include formal requests for increases, modifications, or reductions in scope and /or budget.
The CONSULTANT will use an earned value spreadsheet to monitor and track project expenditures by
task. The earned value spreadsheet shall be submitted with each invoice and progress report.
Drawings and documents received and generated over the course of the project require review,
coordination, and file management. The status of requested information will also be maintained.
2.02 SUBCONSULTANT Coordination
Direction of the SUBCONSULTANT and review of their work over the course of the project shall be
provided by the CONSULTANT. Monthly monitoring of the SUBCONSULTANT's design budget will occur
over the course of the project. Current status, as well as projections, will be developed. This work
element is intended to help monitor costs and budgets, and to propose corrective actions. These actions
could include formal requests for increases, modifications, or reductions in scope and /or budget.
The following subconsultants are anticipated to be used on this PROJECT:
• GeoEngineers — Hazardous Materials and Geology and Soils Review
• Historical Research Associates (HRA) — Cultural/Historical Review
• Envirolssuses — Community Involvement
• Abetya Associates — Right -of -Way Costs
2.03 Develop Project Schedule
The CONSULTANT and the CLIENT will jointly develop an overall project schedule showing all major and
supportive activities. The schedule shall be prepared to reflect a 9 -month Alternative Analysis
completion of the project. The schedule shall be arranged to meet key target dates. The CONSULTANT
shall update the schedule monthly to reflect the current status of the project.
Deliverables: Project Schedule and Monthly Updates.
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2.04 Monthly Invoices /Progress Reports
Monthly invoices will be prepared by the CONSULTANT per CLIENT requirements for work activities for
the prior month. These invoices shall also include SUBCONSULTANT work and will be accompanied by
monthly progress reports. Invoices will include back -up material for all expenses and will show approved
budget and amount expended to date.
Deliverables: Monthly Invoices and Progress Reports (10 total).
2.05 Project Kick -off Meeting and Progress Meetings
After receiving notice to proceed from the CLIENT, the CONSULTANT will conduct a project team kick -off
meeting with staff expected to be involved in the project and key CLIENT staff. The meeting will be used
to discuss key elements of the Scope of Work, the project schedule, document control, and QA /QC
procedures; and to clearly define the roles and responsibilities of the project team members.
This work element provides for the preparation, attendance, follow -up, and documentation of meetings
during the length of the project. These meetings will be the forums for agencies to provide input and
guidance for the direction of the project. They will also be used to discuss project issues, approve
submittals, and develop potential solutions.
The CONSULTANT shall prepare for, attend, and document up to six (6) meetings with CLIENT staff.
Meetings will be required for coordination with the CLIENT and other affected agencies. The
CONSULTANT will attend one meeting every month with the CLIENT's project manager for the duration
of the project. The meetings will be held in a location acceptable to the CLIENT and the CONSULTANT.
Deliverables: Meeting Minutes (11 total).
2.06 Quality Control /Quality Assurance Review
This work element is for the QA /QC review of CONSULTANT deliverables by a designated QA /QC staff
member of the CONSULTANT team. The review will cover documents, reports, PS &Es, and pertinent
information on an on -going basis. The program entails the periodic review of study criteria, design, and
assumptions, as well as concepts and presentation of product format, and assures that the overall
project objectives are being fulfilled.
2.07 Change Management
Project Managers from the CLIENT and the CONSULTANT are responsible for managing changes to the
scope and schedule. The CLIENT is responsible for the authorization of any changes to the scope,
budget, and /or schedule. Team members must ensure that work within their areas remains within the
defined project scope, schedule, and budget. When issues, actions, or circumstances occur that could
cause a change in scope, personnel, cost, or schedule, team members must communicate potential
changes to the Project Manager as early as possible. Project Managers will determine whether the
potential change issue will lead to a change in scope, cost, or schedule.
The CONSULTANT shall obtain written authorization from the CLIENT before implementing any change
to this Scope of Work, schedule, or budget. All changes shall be documented using the Project Change
Form.
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TASK 3.00 SURVEY
3.01 Field Review
The CONSULTANT and project team will conduct a field review at the outset of the project to identify
key field conditions that may impact the conceptual design including the location and /or presence of
driveways and roadways, trees, mail boxes, ADA compliance, utilities (underground and overhead),
potential intersection site distance and clear zone issues, and drainage issues.
3.02 Data Collection
The CONSULTANT shall research CLIENT records to recover the monumentation controlling the site.
The CONSULTANT will research and collect existing roadway and right -of -way from the CLIENT.
3.03 Utilities As -Built Research
The CONSULTANT shall research and collect existing utility information from the CLIENT and respective
utility agencies for inclusion in the mapping.
3.04 Base Map Preparation
The CONSULTANT shall prepare the existing base mapping. The CONSULTANT shall use Tukwila's GIS
data as the basis for the base mapping, including GIS parcels lines.
The CONSULTANT shall create an existing digital terrain model (DTM) using Tukwila's GIS 2 -foot
contours.
The CONSULTANT shall preform a topographic survey only in the areas adjacent to the Duwamish River
where the 48th Avenue S and Gateway Drive — North Leg crosses the river. This topographic data will be
incorporated into the existing base map and DTM.
The mapping shall be plotted at a scale of one inch equals forty feet (1 " =40').
Deliverables: Electronic copy of the existing base map, GIS parcel lines, and data points in AutoCAD.
TASK 4.00 ALTERNATIVES ANALYSIS (CONCEPTUAL DESIGN)
4.01 Project Site Visits (8 Total)
The CONSULTANT shall conduct eight (8) site visits during the Alternatives Analysis to become familiar
with the site. CLIENT staff shall be present at the site visits, if requested.
4.02 Alternative Conceptual Design
The CONSULTANT shall develop the conceptual design for up to five (5) alternatives. The conceptual
design will include horizontal and vertical alignments, typical roadway sections, and roadway
channelization. The CONSULTANT shall include the existing alignment or "Do- Nothing" option.
The five (5) alternatives will be based upon previous alternative studies performed by the City. These
alternatives are the following:
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• S 124th Street
• Gateway Drive — North Leg
• 48th Avenue S
• S 112th Street
• Airport Way S
It is assumed that Gateway Drive — North Leg and 48th Avenue S will include a new bridge over the
Duwamish River.
Deliverables: Roll plot exhibits of alternatives (hard copy roll plot and electronic pdf file).
Preliminary Conceptual Plans (11 "x17" and electronic pdf file).
4.03 Conceptual Cost Estimates
The CONSULTANT shall develop a conceptual construction cost estimate for each alternative. These
estimates will include a conceptual level right -of -way cost estimate.
Deliverables: Draft Conceptual Cost Estimate (hard copy and electronic pdf file).
Final Conceptual Cost Estimate (hard copy and electronic pdf file).
4.04 Preferred Alternative Selection
The CONSULTANT shall prepare a screening matrix for the selection of the preferred alternative. The
screening matrix shall be developed by the CONSULTANT based on criteria developed by the CITY, BNSF,
and the CONSULTANT.
Deliverables: Draft Screening Matrix
Final Screening Matrix.
Preferred Alternative Selection.
4.05 Alternative Analysis Report
In supporting the SEPA process, an Alternatives Analysis Report shall be prepared for this project by the
CONSULTANT and shall include developing alternatives for roadway alignment and typical roadway
sections with support information from the Environmental Research task. The Alternative Analysis
Report shall include the following elements:
• Cover.
• Executive Summary.
• Introduction.
• Project Background.
• A summary of the design criteria to be used for the proposed improvements.
• An evaluation of up to five (5) alternatives and the Do- Nothing scenario for roadway alignment
and typical roadway sections to be screened.
• A summary of the desktop research performed for critical areas, cultural /historical, hazardous
materials, geology and soils, and hydraulic that could potentially impact each alternative.
• Conceptual Cost estimates for each proposed alternative including construction and right -of-
way acquisitions costs.
• Identifying project limits and types of right -of -way acquisitions needed for each alternative.
• Conceptual plan sheets and typical roadway sections for each alternative.
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Deliverables: Draft Alternative Technical Memorandum.
Final Alternative Technical Memorandum.
TASK 5.00 ENVIRONMENTAL RESEARCH
5.01 Existing Conditions Memorandum
The CONSULTANT shall prepare an Existing Conditions Memorandum to identify key discriminators and
environmental constraints for the top design alternatives. A desktop review will be conducted to review
critical areas maps and GIS data from the City, County, and various state agencies. A site walkthrough
will be performed to identify potential missing information from the desktop review. The Existing
Conditions Memorandum shall identify potential environmental constraints within the project area,
possible mitigation strategies, and permitting implications associated with the top design alternatives.
One site visit will be performed to review all of the alternatives.
Deliverables: Draft Existing Conditions Memorandum (3 copies and electronic PDF).
5.02 Cultural /Historical Review
The CONSULTANT shall review existing cultural /historical information and maps, and identify impacts for
each alternative.
One site visit will be performed to review all of the alternatives. Shovel test probes will not be
performed during this phase of the project.
The CONSULTANT shall prepare a Cultural /Historical Memorandum that summarizes findings, and shall
preparing exhibits for each alternative.
Deliverables: Draft Cultural /Historical Memorandum.
Final Cultural /Historical Memorandum.
5.03 Hazardous Materials Review
The CONSULTANT shall prepare a Hazardous Materials Memorandum for the project. By identifying and
assessing the potential for encountering environmental contaminants in soil and water during the
alternative evaluation, the memorandum shall contribute to the overall evaluation of hazardous
materials on construction activities, human health, and the environment. The memorandum shall also
provide information needed to determine whether additional hazardous material investigations (such as
initial site assessments or preliminary site investigations) should be conducted.
Site Screening Review /Regulatory Database Study
The CONSULTANT shall conduct a regulatory data search consistent with the American Society for
Testing and Materials (ASTM), the Federal EPA CERCLA /RCRA sites list, the Department of Ecology ISIS
site, and FHWA standards and guidance pertaining to hazardous materials. Environmental Data
Research, Inc. (EDR) shall be contracted to provide a comprehensive search of existing environmental
regulatory agency databases for known or suspected environmental concerns within the study area.
Title searches shall not be conducted as part of this scope.
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Field Reconnaissance /Windshield Survey
The CONSULTANT shall conduct a drive -by reconnaissance of the project area. The reconnaissance shall
focus on sites with known or suspected environmental concerns that could potentially affect acquisition
or construction decisions. The properties being considered by the City for right -of -way acquisition shall
be included in this effort. The reconnaissance shall be limited to features readily observed from public
access corridors, and shall not include entering or viewing conditions within buildings. Information
regarding the sites shall be recorded in field notes and photographs.
File Review /Aerial Photograph Review /Data Validation
The overall project study area shall include properties, as identified in field reconnaissance, both within
and outside of the proposed right -of -way that have a potential to affect acquisition decisions and
construction activities due to the possible presence of contaminants. Suspect properties shall be
identified during the field reconnaissance and this subtask. Pertinent files for these suspect sites shall be
reviewed to identify the nature and extent of any known contamination, completed remedial activities,
and the effect these sites may have on environmental conditions within the project corridor. This
subtask shall be accomplished by performing the following activities:
• Review publicly - available records at local environmental agencies.
• Interpret the history of the project site using available aerial photographs.
• Review available geologic literature and topographic maps to determine surface drainage paths
as well as groundwater depth and flow direction below the study area.
• Screen all suspect properties based on their locations relative to prospective right -of -way
construction areas as well as on additional site - specific environmental data available in
regulatory agency files. This screening process shall identify conditions that represent a
potential to significantly affect the right -of -way expansion project, including roadway or street
design, acquisition, or construction.
• Summarize environmental conditions at the primary known or suspected contaminated sites
within the expanded right -of -way area.
• Evaluate potential impacts that known or suspected contamination may have on project
development, including property acquisition and construction activities.
• Identify potential measures and options to minimize potential impacts of hazardous substances
to the proposed PROJECT.
Deliverables: Draft Hazardous Materials Memorandum.
Final Hazardous Materials Memorandum.
5.04 Geology and Soils Review
The CONSULTANT shall review existing geology and soils information and maps, and identify soft soils
and /or liquefaction potential for each alternative. The CONSULTANT shall collect and review readily -
available geologic, soils, and topographic data for the project's alignment to aid in characterizing the
affected environment. Data to be reviewed may include, but not be limited to, aerial photographs,
published geologic maps, GIS database layers, topographic maps, geologic hazard maps, as -built plans,
and previous geotechnical studies completed along the project's alignment.
The CLIENT shall provide copies of documents they may have on file, such as soils and foundation
reports, and as -built drawings of the current alignment.
Field investigation is not included for this phase of the project.
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The CONSULTANT shall prepare a Geology and Soils Memorandum that summarizes findings, and shall
preparing exhibits for each alternative.
Deliverables: Draft Geology and Soils Memorandum.
Final Geology and Soils Memorandum.
5.05 Existing Hydraulic Review
The CONSULTANT shall review the existing Duwamish River hydraulic model data and maps in order to
determine the 100 -year water surface elevation.
Field investigation or hydraulic modeling is not included for this phase of the project.
TASK 6.00 STAKEHOLDERS CONCURRENCE
6.01 Railroad Coordination
Since BNSF railroad is a financial partner, the CONSULTANT shall meet monthly with BNSF railroad to
discuss BNSF concerns, provide project updates, and address BNSF comments.
It is assumed up to 9 meetings will be held.
Deliverables: Meeting Minutes (9 total).
6.02 Community Involvement
The CONSULTANT will develop and implement a community outreach process to ensure that adjacent or
affected neighborhoods are aware of the project, understand the alternatives being considered, are
given opportunities to provide feedback about the project, and are informed of project milestones and
outcomes.
The community engagement process will include:
• Presentations to neighborhood councils or other community groups (up to four): The Allentown
and Foster Point neighborhoods would be a primary focus of this effort, given their proximity to
the intermodal facility.
• Community open house: Community members will be invited to hear from project leaders about
the alternatives under consideration and the factors that will contribute to the eventual choice.
• Email updates to the community at appropriate project milestones (up to four): The
CONSULTANT will provide project information to the community via email so that the
community members are provided with current, accurate information as the project progresses.
These email updates will also be provided to city council members, community leaders, and
business owners interested in or affected by the project.
Deliverables: PowerPoint or similar presentation tools for community meetings and open house.
Project fact sheet.
Email distribution list.
Up to four email updates for community members.
Arrange meeting logistics and staff for up to four community presentations.
Arrange meeting logistics and staff for community open house.
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The CONSULTANT shall engage elected, local government agency and identified community leaders in
the project, keeping them apprised of progress, and solicit feedback on the priorities for their particular
agencies or for the community.
The engagement process will include:
• Individual or small group meetings (up to ten): Project leaders will meet with city council
members or identified community leaders either individually or in a small group setting to hear
in greater detail the needs, concerns, and priorities for their particular communities, and
determine which components will be crucial in gaining their approval of the eventual selected
alternative.
• Presentations to City Council (up to three): The CONSULTANT will provide up to three briefings to
the Tukwila City Council at appropriate project milestones, keeping them apprised of community
feedback received.
Deliverables: PowerPoint or similar presentation tools for up to three City Council briefings.
Arrange meeting logistics and staff for up to 10 individual briefings.
The CONSULTANT shall engage business owners from the Gateway Business Park and other adjacent
businesses in the project, keeping them apprised of progress and soliciting feedback on how the
proposed alternatives would affect business operations.
The engagement process will include:
• Individual or small group meetings and /or stakeholder interviews conducted via phone (number
to be determined): Project leaders will meet with business owners or operators either in person
or via phone to hear in greater detail the needs, concerns, and priorities for their particular
communities, and determining which components will be crucial in gaining their approval of the
eventual selected alternative.
• Provide ongoing updates via email: As noted under the first item, email updates will be provided
at appropriate project milestones.
Deliverables: Develop list of questions for business owners.
Arrange logistics for and staff meetings and /or phone interviews (number to be
determined).
Provide summary report of meetings and /or stakeholder interviews.
TASK 7.00 PRELIMINARY DESIGN OF PREFERRED ALTERNTIVE (IF
REQUESTED)
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188
COUNCIL AGENDA SYNOPSIS
Medingarte
Prepared by
Muyarr review
Canna./ re new
11/24/14
)FS
11/24/14
12/01/14
)FS
E Bid Award
ilits Date
E Public Hewing
Alts Date
E Other
Mtg Date
(2,\TI(;01tY n Di:ccussion
II Ordinance
Mtg Date
Alt Date 12/01/14
SPONSOR E Council C Mayor E HR E DCD 11 Finance J Fire E IT E PR Pohce 1 V
SPONSOR'S The City currently assesses a 10% tax rate on the revenues of City operated facilities. The
SUMMARY tax is set to end Dec. 31, 2015. Staff is recommending a 6-year extension to the existing
utility tax on City operated utilities.
RFV1Ew1:D BY I: COW Mtg. E CA&P Cmte Z F&S Cinte E Transportation Cmte
E Utilities Cmte 1 Arts Comm. E Parks Comm. E Planning Comm.
DATE: 11/18/2014 COMMITTEE CHAIR: SEAL
ITEM INFORMATION
ITEM No.
4.1.
189
STAFF SPONSOR: PEGGY MCCARTHY
ORIGINAL AGENDA DATI.: 11/24/14
AGENDA ITUM TFITU
Interfund Utility Tax Extension
11/24/14
E Motion
Mtg Date
E Resolution
AI Is Dale
E Bid Award
ilits Date
E Public Hewing
Alts Date
E Other
Mtg Date
(2,\TI(;01tY n Di:ccussion
II Ordinance
Mtg Date
Alt Date 12/01/14
SPONSOR E Council C Mayor E HR E DCD 11 Finance J Fire E IT E PR Pohce 1 V
SPONSOR'S The City currently assesses a 10% tax rate on the revenues of City operated facilities. The
SUMMARY tax is set to end Dec. 31, 2015. Staff is recommending a 6-year extension to the existing
utility tax on City operated utilities.
RFV1Ew1:D BY I: COW Mtg. E CA&P Cmte Z F&S Cinte E Transportation Cmte
E Utilities Cmte 1 Arts Comm. E Parks Comm. E Planning Comm.
DATE: 11/18/2014 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPoNsoR/ADMIN.
CommrITHE
Finance
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPUNDITL. RE, RUQUIRUD AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/4/2014
Ordinance in Draft Form
Minutes from the Finance and Safety Committee meeting of 11/18/14
12/01/14
189
190
TO:
FROM:
BY:
DATE:
SUBJECT:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
Peggy McCarthy, Finance Director
Jennifer Ferrer-Santa Ines, Senior Fiscal Coordinator
November 4, 2014
interfund Utility Tax extension
ISSUE
Approve a 6-year extension to the existing utility tax on City operated utilities.
BACKGROUND
The City currently assesses a 10% tax rate on the revenues of the City operated utilities. The
tax is set to end December 31, 2015.
The City Council passed Ordinance No. 2258 on October 19, 2009 adopting a utility tax on City
operated water, sewer, and surface water utilities. The Ordinance provided for a rate of 15% of
gross revenue from the utility funds until April 30, 2010, then 10% effective May 1, 2010 through
December 31, 2012.
It was amended by Ordinance No. 2298 on July 19, 2010 to extend the sunset provision from
May 1, 2010 through December 31, 2015. This decision was part of the revenue enhancement
options considered in preparation of the 2011-2012 biennial budget.
DISCUSSION
Extending the sunset provision through the end of 2015 was part of a three-pronged approach
in the last biennium to address declining revenues, particularly in sales tax, and increasing
expenses outside of the City's control including pension plan contributions and contractual
increases. Last year, the City recognized nearly $1.7 million of interfund utility tax receipts.
Below shows the amount recognized each year in the general fund for interfund utility taxes.
Water
Sewer
Surface Water
Total
2009
676,241
754,017
383,019
1,813,277 $
2010 2011
501,592 475,210
618,096 561,831
378,094 335,339
1,497,782 $1,372,380
2012
518,461
647,043
369,077
1,534,581
Year to Date
2013 2014
561,931 473,799
736,739 623,816
388,189 424,036
1,686,859 $ 1,521,651
The decision to not extend the sunset provision would require other measures, which could
include budget reductions or review or alternative revenue sources.
191
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
The general fund has received $1.5 million of interfund utility taxes year to date through
September 30, 2014.
RECOMMENDATION
The Finance and Safety Committee is being asked to approve a 6-year extension of the utility
tax for City operated utilities and consider this item at the November 24, 2014 Committee of the
Whole meeting and subsequent December 1, 2014 Regular Meeting.
ATTACHMENTS
Draft Ordinance
W:12014 F&S\Utilty Tax Extensionl .doc
192
RAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON; AMENDING ORDINANCE
NOS. 2298 §1 (PART) AND 2258 §3, AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTION 3.54.030,
EXTENDING THE CITY UTILITY TAX SUNSET
PROVISION; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, at the time Ordinance No. 2298 was passed, the City Council wished to
extend the sunset provision for the collection of City utility taxes to December 31, 2015;
and
WHEREAS, the City Council and Mayor have reviewed the current General Fund
status and operating budget and determined that it is in the best interest of the citizens
of Tukwila to extend the current sunset provision to 2021;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 3.54.030 Amended. Ordinance Nos. 2298 §1 (part) and
2258 §3, as codified at Tukwila Municipal Code Section 3.54.030, are hereby amended
as follows:
3.54.030 Tax Rate
A. There is levied upon water, sewer and surface water utilities, taxes in the
amount to be determined by the application of rates given against gross earnings as
follows:
1. Upon the City water, sewer and surface water funds, a tax equal to 15% of
the total gross revenue from such business from all customers in the City during the
period for which the tax is due. Such tax shall be effective from December 31, 2008
through April 30, 2010.
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2. Upon the City water, sewer and surface water funds, a tax equal to 10% of
the total gross revenue from such business from all customers in the City during the
period for which the tax is due. Such tax shall be effective from May 1, 2010 through
December 31, 202145.
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:
Rachel Turpin, City Attorney
Jim Haggerton, Mayor
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Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
Finance & Safety Committee Minutes November 18, 2014 - Page 2
D. Ordinance: Sunset Provision Extension on Interfund Utility Tax
Staff is seeking Council approval of an ordinance that would extend the sunset provision for the
collection of City utility taxes to December 31, 2021. Currently a 10% tax is assessed on the
revenues of City- operated utilities which is set to end on December 31, 2015. In 2013 the City
recognized nearly $1.7 million of interfund utility tax receipt, and as of September 302, 2014 the
general fund has received $1.5 million. If the sunset provision is not extended the City will have
to consider budget reductions or alternate revenue sources beginning in 2016. UNANIMOUS
APPROVAL. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE WHOLE.
E. Ordinance: Tow Truck Licensing
Staff is seeking Council approval of an ordinance to repeal Tukwila Municipal Code Chapter
5.44, "Tow Truck Businesses" in its entirety. Because tow truck businesses are regulated by the
Department of Licensing and trucks are inspected by the Washington State Patrol, staff is
recommending that an additional City inspection and licensing process is not needed. In 2014
to date the City has licensed 40 trucks totaling $1,000 in revenue, and in 2013, 39 trucks totaling
$975. This revenue does not cover the staff time associated with the inspections so there is no
significant financial impact from this proposal. Other City business licensing requirements will
continue to apply. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014
COMMITTEE OF THE WHOLE.
F. Police Department Quarterly Report
Chief Villa updated the Committee on items of significance that occurred in the Police
Department during the third quarter of 2014. The information included highlights, staffing
information, crime statistics and crime reduction strategies. A map of residential burglary
locations was distributed to the Committee.
G. Resolution: Wages and Benefits for Non - Represented Employees
Staff is seeking Council approval of a resolution that would provide a 2% cost of living
adjustment (COLA) to all non - represented employees effective January 1, 2015. Resolution No.
1796 provides that in odd - numbered years a COLA based upon 90% of the Seattle- Tacoma-
Bremerton Consumer Price Index (CPI -W) Average (June to June) be applied to the non -
represented employee pay schedule. The CPI -W June is 2.2 %, 90% of which is 1.98 %.
Because non - represented employee wages have lagged behind those of represented
employees, staff recommends a 2.0% increase to mitigate effects such as salary compression.
The proposed resolution will also approve a Summary of Benefits and a Longevity Pay Plan in
addition to the Salary Schedule. No changes are being proposed to either of those from previous
years. Staff distributed an updated Attachment A that included two positions inadvertently
omitted, and an updated Attachment B that corrects the title of the Deputy Police Chief. The
Committee requested the previous Salary Schedule be included in the packet for Committee of
the Whole discussion. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014
COMMITTEE OF THE WHOLE.
III. MISCELLANEOUS
Meeting adjourned at 6:37 p.m.
Next meeting: Tuesday, December 2, 2014 - 5:30 p.m. - Hazelnut Conference Room
Minu 6s by LH
Gommittee Chair Approval
195
196
COUNCIL AGENDA SYNOPSIS
Meeting Date
Prepared by
Ma or review
Council review
11/17/14
PMc
E Resolution
MIgDate
11 Ordinance
11/24/14
PMc
Z Other
AllgDale 11/17/14
AllgDale 12/01/14
12/01/14
PMc
MC
(r\
[ Transportation Cmte
Comm. E Planning Comm.
CHAIR:
E Parks
COMMITTEE
RECOMMENDATIONS:
SPoNsoR/ADmiN.
COMMITI'M
Finance Department
ITEM INFORMATION
ITEM No.
4.J.
197
STAFFSPONSOR: PEGGY MCCARTHY
ORIGINAL AGENDA DATk: 11/17/14
AGENDA MAI TITI,1,; A financing proposal for the TIB Redevelopment Project comprised of approximately
$2.25M of short term debt and approximately $3.85M of long term debt.
cATEGoRY Yiscussion
AltgDale 11/17/14
E Motion
A/11g Dale
E Resolution
MIgDate
11 Ordinance
E. Bid Award
11/1lg Date
E Public Hearing
AlkgDate
Z Other
AllgDale 11/17/14
AllgDale 12/01/14
SPONSOR — Council Mayor III FIR 11 DCD Finance LI Fire LIJ IT L P R LI Police LIJ PIV
SPONSOR'S On September 2, 2014, the Council approved a financing plan for the TIB Redevelopment
SUMMARY Project (Resolution #1841). A financing proposal with both a short and a long term
component is being presented consistent with the approved plan.
RiArlf;WI;1) BY E CO \X' Mtg. 11 CAM) Cmte
E Utilities Cmte ] Arts Comm.
DATE:
FII F&S Crate
[ Transportation Cmte
Comm. E Planning Comm.
CHAIR:
E Parks
COMMITTEE
RECOMMENDATIONS:
SPoNsoR/ADmiN.
COMMITI'M
Finance Department
N/A
COST IMPACT / FUND SOURCE
Expkwyrulw REQuiRki) AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source: MISCELLANEOUS FUNDING SOURCES, SEE DETAIL
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/17/14
Presentation provided to Council
11/24/14
12/1/14
MTG. DATE
ATTACHMENTS
11/17/14
Informational Memorandum dated 11-12-14
Attachments: PFM Memorandum and Exhibits A - E,
Resolution 1841 - TIB Redevelopment Project Financing Plan
11/24/14
Informational Memorandum dated 11/19/14
2 Ordinances
12/01/14
197
198
Aqo
=~�
City of Tukwila
Jim Haggerton, Mayo/
INFORMATIONAL MEMORANDUM
TO: Councilmembers
Mayor Haggerton
FROM: Peggy McCarthy, Finance Director
DATE: November 19, 2014
SUBJECT: Ordinances - TIB Redevelopment Project Financing
ISSUE
Approve the ordinances authorizing the issuance of a $2'250.000 3-year Limited Tax General Obligation
Bond Anticipation Note and $3.850.000 of 20-year Limited Tax General Obligation Bonds for the purpose
of financing the T|B Redevelopment Project.
BACKGROUND
Under urban renewal authority, $3.57M has been spent on the purchase of three motels. A financing plan
was approved by Council on September 2nd; a $1 .9M General Fund interfund loan was made to the Facilities
Fund 302 to provide temporary financing, and a proposal for bank financing was heard by Council on
November 17m. The draft ordinances presented for consideration and approval authorize financing
consistent with the financing proposal.
DISCUSSION
The ordinances authorize the issuance of debt as follows:
• 3-year note
• 20-year bonds
Bank of the West
Zions First National Bank
$2,250,000
$3,850,000
RECOMMENDATION
The ordinances are presented for consideration at the November 24th Committee of the Whole Meeting and
for approval at the December 1, 2014 Regular Council Meeting.
ATTACHMENTS
Draft Ordinance — 3-year Note, Bank of the Wes
Draft Ordinance — 20-year Bonds, Zions First National Bank
200
FT
[Bank of the West]
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO CONTRACTING
INDEBTEDNESS; AUTHORIZING THE ISSUANCE OF THE CITY'S
NOT TO EXCEED $2,250,000 PRINCIPAL AMOUNT LIMITED TAX
GENERAL OBLIGATION BOND ANTICIPATION NOTE, 2014
(TAXABLE NON - REVOLVING LINE OF CREDIT), TO PROVIDE
INTERIM FINANCING TO CARRY OUT LAND ACQUISITION AND
CAPITAL COSTS OF REDEVELOPMENT ACTIVITIES WITHIN THE
CITY'S URBAN RENEWAL AREA, AND PAY THE COSTS OF
ISSUANCE AND SALE OF THE NOTE; FIXING THE DATE, FORM,
MATURITY, INTEREST RATE, TERMS AND COVENANTS OF THE
NOTE; APPROVING THE SALE AND DELIVERY OF THE NOTE TO
THE BANK IDENTIFIED HEREIN; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Determinations. The City takes note of the following
facts and makes the findings and determinations set forth below. Capitalized terms
have the meanings given in Section 2.
A. Authority and Description of Project. The City has previously passed
Ordinance No. 1898 designating an urban renewal area and finding that certain blighted
property exists within that area requiring the exercise of community renewal powers
under Chapter 35.81 RCW. The City is in need of funds to carry out those community
renewal powers including, but not limited to, land acquisition, demolition, site
preparation and other related redevelopment powers and costs incidental thereto. The
City Council therefore finds that it is in the best interests of the City to issue the Note
and the Bonds to finance the Project.
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B. Plan of Financing. Pursuant to applicable law, including, without limitation,
Chapters 35.37, 35.81, 35A.40, 39.36, 39.44 and 39.46 RCW, the City is authorized to
issue general obligation bonds for the purpose of financing the Project. The total
expected cost of the Project is approximately $6,100,000, which is expected to be made
up of proceeds of the Bonds authorized herein, additional limited tax general obligation
bonds, and such other loans, grants and other money of the City as may be available.
Pending the issuance of the Bonds authorized herein and obtaining other available
sources of funds, the City is in need of interim financing in the form of the Note
authorized herein.
C. Debt Capacity. The maximum amount of indebtedness authorized by this
ordinance is $2,250,000. Based on the following facts, this amount is to be issued
within the amount permitted to be issued by the City for general municipal purposes
without a vote:
1. The assessed valuation of the taxable property within the City as
ascertained by the last preceding assessment for City purposes for collection in the
calendar year 2014 is $4,756,373,688.
2. As of November 1, 2014, the City has limited tax general obligation
indebtedness, consisting of bonds, notes, leases and conditional sales contracts
outstanding in the principal amount of $21,307,728, which is incurred within the limit of
up to 1' /z% of the value of the taxable property within the City permitted for general
municipal purposes without a vote.
3. As of November 1, 2014, the City has no unlimited tax general obligation
indebtedness for general municipal purposes; for City -owned water, artificial light, and
sewers; and for acquiring or developing open space, park facilities, and capital facilities
associated with economic development.
Section 2. Definitions. As used in this ordinance, the following capitalized terms
have the following meanings:
A. "Authorized Increment" means $100,000 or any greater amount.
B. "Authorized Office" means the Finance Director.
C. "Bank" means Bank of the West, a California banking corporation organized
under the laws of the State of California.
D. "Bonds" means the limited tax general obligation bonds to be issued pursuant
to Section 3.A of this ordinance.
E. ` "Business Day' means any day except a Saturday, Sunday, or other day, as
determined by the Bank, on which commercial banks are authorized or required by law
to close.
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F. "City' means the City of Tukwila, Washington, a municipal corporation duly
organized and existing under the laws of the State of Washington.
G. "City Council' means the legislative authority of the City, as duly and regularly
constituted from time to time.
H. "Date of Delivery' means the date of the delivery of the Note to the Bank.
I. "DraW' means each incremental draw upon the Note in an Authorized
Increment.
J. "Draw Request" means a request for a Draw submitted to the Bank by the
person authorized in Section 4 to make Draws on behalf of the City, in a form attached
to the Line of Credit Agreement.
K. "Event of Default" means an event described as an event of default under the
Line of Credit Agreement.
L. "Fixed Rate" means the higher of (1) the Federal Funds Rate then in effect plus
0.5 %, or (2) Bank's prevailing Prime Rate then in effect.
M. "Interest Rate" means, at the option of the City as designated at the time of
making each Draw on each Draw Request, either (1) a Fixed Rate, or (2) a Variable
Rate.
N. "LIBOR" means the rate per annum (rounded upward, if necessary, to the
nearest 1/1000 of 1 %) determined pursuant to the following formula: LIBOR equals
Base LIBOR divided by (100% minus the LIBOR Reserve Percentage). For such
purposes, (1) "Base LIBOR" means the rate per annum for United States dollar deposits
quoted by the Bank as the Inter -Bank Market Offered Rate, with the understanding that
such rate is quoted by the Bank for the purpose of calculating effective rates of interest
for loans making reference thereto, on the first day of a Variable Rate Term for delivery
of funds on said date for a period of time approximately equal to the number of days in
such Variable Rate Term and in an amount approximately equal to the principal amount
to which such Variable Rate Term applies. The City understands and agrees that the
Bank may base its quotation of the Inter -Bank Market Offered Rate upon such offers or
other market indicators of the Inter -Bank Market as the Bank in its discretion deems
appropriate including, but not limited to, the rate offered for U.S. dollar deposits on the
London Inter -Bank Market; and (2) "LIBOR Reserve Percentage" means any reserve
percentage, as may be prescribed by the Board of Governors of the Federal Reserve
System (or any successor) for "Eurocurrency Liabilities" (as defined in Regulation D of
the Federal Reserve Board, as amended), adjusted by the Bank for expected changes
in such reserve percentage during the applicable Variable Rate Term.
O. "Line of Credit Agreement" means a written agreement between the City and
the Bank setting forth certain terms and conditions of the issuance, sale and delivery of
the Note, and the terms of the line of credit evidenced thereby.
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P. "Maturity Date" means December 1, 2017, which date shall be extended to
December 1, 2018 in accordance with Section 5.
Q. "Note" means the "City of Tukwila, Washington Limited Tax General Obligation
Bond Anticipation Note, 2014 (Taxable Non - Revolving Line of Credit)" authorized by this
ordinance.
R. "Note Repayment Account" means the Limited Tax General Obligation Bond
Anticipation Note Repayment Account, 2014, of the City created for the payment of the
principal of and interest on the Note.
S. "Note Register" means the registration records for the Note maintained by the
Note Registrar.
T. "Note Registrar" means the City Finance Director, whose duties include
registering and authenticating the Note, maintaining the Note Register, transferring
ownership of the Note, and paying the principal of and interest on the Note.
U. "Project' means capital expenditures relating to the exercise of community
renewal powers under Chapter 35.81 RCW within the urban renewal area designated
by the City in Ordinance No. 1898 including, but not limited to, land acquisition,
demolition, site preparation and other redevelopment activities, and any incidental costs
associated with the foregoing, all as deemed necessary and advisable by the City
Council. The term "land" includes all real property and all appurtenant improvements,
structures and interests therein.
V. "Record Date" means the Note Registrar's close of business on the 15th day of
the month preceding an interest payment date. With respect to redemption of a Note
prior to its maturity, the Record Date shall mean the Note Registrar's close of business
on the date on which the Note Registrar provides notice of prepayment.
W. "Registered Owner" means the person in whose name the Note is registered on
the Note Register.
X. "System of Registration" means the system of registration for the City's bonds
and other obligations set forth in Ordinance No. 1338 of the City.
Y. "Urban Renewal Project Fund' means the Facilities Fund 302 of the City
designated for the purpose of carrying out the Project.
Z. "Variable Rate" means a rate per annum that is fixed for a one, three or six
month period, as designated by the City in connection with any Variable Rate Draw,
based on 100% of LIBOR at the start of each period, plus 1.0 %. No LIBOR period
designated by the City may extend beyond the Maturity Date.
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AA. "Variable Rate Period' means a one, three or six month period with respect to a
Draw which is to bear interest at a Variable Rate, to commence on a Business Day and
continue for one, three or six months, as applicable, during which the entire outstanding
principal balance of such Draw shall bear interest determined in relation to LIBOR as
adjusted as provided herein. If any Variable Rate Period would end on a day which is
not a Business Day, then such Variable Rate Period shall be extended, if necessary, to
the next day that is followed by a Business Day, and further provided that, if on the first
day of the last Variable Rate Period applicable hereto the remaining term of this Note is
less than one month, said Variable Rate Period shall be in effect only until the
scheduled maturity date thereof.
Section 3. Authorization of Indebtedness.
A. The Bonds. The City shall borrow money on the credit of the City and issue
negotiable limited tax general obligation bonds evidencing that indebtedness in the
amount of not to exceed $2,250,000 for general City purposes to provide the funds for
the Project and to pay the costs of issuance and sale of the Bonds. The general
indebtedness to be incurred shall be within the limit of up to 1'/2% of the value of the
taxable property within the City permitted for general municipal purposes without a vote
of the qualified voters therein.
B. The Note. Pending the issuance of the Bonds and the resale of the
redeveloped properties, the City is authorized to issue the Note in the principal amount
not to exceed $2,250,000 for the Project. The Note shall be designated the Limited Tax
General Obligation Bond Anticipation Note, 2014 (Taxable Non - Revolving Line of
Credit) of the City. It shall be issued in registered form, numbered R -1, dated its date of
delivery to the Bank and mature on the Maturity Date. The aggregate amount of Draws
on the Note shall not exceed $2,250,000. The Note shall not be a revolving facility;
amounts that are drawn under the Note and repaid may not be drawn again.
Section 4. Terms of the Note.
A. Principal; Designation of Officer to Make Draws on Note. The City Council
determines that it is in the best interest of the City that the Finance Director (or her
designee) be authorized to make Draws on the Note in such Authorized Increments and
at such times, and bearing interest at the Interest Rates, as she may in her discretion
determine are necessary or convenient to carrying out the Project. A Draw Request
may be made on any Business Day and will be funded on the same Business Day if
received by the Bank prior to the time set forth in the Line of Credit Agreement.
Principal of the Note is due in full on the Maturity Date, subject to the provisions of
Section 5. Principal may be prepaid prior to the Maturity Date as set forth in Section 6.
B. Interest. Each Draw shall bear interest at the Interest Rate selected by the
City from the Date of each Draw, which shall be computed on the basis of a year of 360
days for the actual number of days elapsed. The City Finance Director shall designate
the Fixed Rate or the applicable Variable Rate Period with respect to each Draw in the
Draw Request. So long as no Event of Default has occurred and is continuing, interest
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shall accrue on each Draw at the applicable Interest Rate. Upon the occurrence of an
Event of Default and until such default is cured, the Bank may, at its option, impose the
Default Rate.
Interest on the outstanding principal amount of the Note will be paid quarterly,
beginning April 1, 2015, and each April 1, June 1, September 1 and December 1
thereafter, to and including the Maturity Date. If the first day of a calendar month is not
a Business Day, the payment shall be due on the next succeeding Business Day.
The City may elect to convert any Fixed Rate Draw to a Variable Rate as set forth
in the Line of Credit Agreement, and may convert any Variable Rate Draw to a different
Variable Rate Period or to a Fixed Rate at the expiration of any Variable Rate Period.
Unless the City affirmatively elects a new Variable Rate Period in writing received by the
Bank on or before 2:00 p.m. (Pacific Time) on the last Business Day of a Variable Rate
Period for a specific Draw, the Interest Rate for such Draw shall be renewed for a
successive Variable Rate Period of the same length as the expiring Variable Rate
Period. Notwithstanding the foregoing, the Finance Director may consent to different
terms in the Line of Credit Agreement regarding the Variable Rate Periods and indices
available and regarding conversion of interest rate modes, if she deems the terms in the
Line of Credit Agreement to be in the City's best interests.
C. Commitment Fee. The City agrees to pay a commitment fee of 0.50% on the
average daily balance of the unused portion of the commitment amount (i.e., the
maximum stated amount of the Note, less the sum of all Draws) calculated on the basis
of a 360 -day year and the actual days elapsed. The commitment fee shall be payable
quarterly in arrears on each interest payment date, commencing on April 1, 2015.
D. Finding. The City Council finds and determines that the rate or rates of
interest, the standards for the indices for the variable interest rates, and the commitment
fee described in this ordinance are in the best interest of the City.
Section 5. Term Out Provision. If, on the Maturity Date, the City is unable to pay
the principal of or interest on the Note then due and payable in full and no Event of
Default has occurred and is continuing, the Maturity Date shall be extended for a term of
one year, to December 1, 2018. This period shall be referred to as the "Term Out
Period." Interest on the outstanding principal amount shall accrue from and after
December 1, 2017 at a rate equal to the Fixed Rate plus 2.0 %, calculated on the basis
of a year of 360 days for the actual number of days elapsed. Interest and Principal shall
be due and payable in four approximately equal quarterly installments, on April 1, 2018,
June 1, 2018, September 1, 2018 and December 1, 2018. The maximum term of the
Note issued under this ordinance shall not be extended beyond December 1, 2018
without written approval by the Bank accepted by the City Council.
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Section 6. Prepayment. The City reserves the right to prepay all or a portion of
the outstanding principal of the Note in advance of the Maturity Date at any time with no
prepayment penalty. If on the date selected for prepayment, a Variable Rate Period is
in effect with respect to a Draw that is to be prepaid, the City agrees to pay the Bank's
breakage cost, as set forth in the Line of Credit Agreement.
Section 7. Note Repayment Account. The Note Account is hereby created within
the City's general obligation bond repayment fund, and is designated as the Limited Tax
General Obligation Bond Anticipation Note Account, 2014. The Note Account may be
drawn upon solely to pay the principal of and interest on the Note and to pay any other
amounts due and owing to the Bank with respect to the Note. Principal of and interest
on the Note, and commitment fees when due, shall be payable in lawful money of the
United States of America by check, warrant, wire transfer or automatic clearinghouse
funds, to the Registered Owner of the Note on the applicable Record Date.
Section 8. Security for the Note; Pledge of Taxes. The Note constitutes a
general indebtedness of the City and is payable from tax revenues of the City and such
other money as is lawfully available and pledged by the City for the payment of principal
of and interest on the Note. The City irrevocably pledges to redeem the Note on or
before its stated maturity from the proceeds of the Bonds, from the proceeds of
additional short term obligations or from other money of the City legally available for
such purpose. For as long as the Note is outstanding, the City irrevocably pledges that
it shall, in the manner provided by law within the constitutional and statutory limitations
provided by law without the assent of the voters, include in its annual property tax levy
amounts sufficient, together with proceeds of the Bonds, other short term obligation
proceeds and other money that is lawfully available, to pay principal of and interest on
the Note as the same become due. The full faith, credit and resources of the City are
pledged irrevocably for the prompt payment of the principal of and interest on the Note
and such pledge shall be enforceable in mandamus against the City.
Section 9. Form and Execution of the Note.
A. Form of the Note; Signatures and Seal. The Note shall be prepared in a
form consistent with the provisions of this ordinance and Washington law. The Note
shall be signed by the Mayor and the City Clerk (either or both of whose signatures may
be manual or in facsimile) and the seal of the City or a facsimile reproduction thereof
shall be impressed or printed thereon. If any officer whose manual or facsimile
signature appears on the Note ceases to be an officer of the City authorized to sign
Notes before the Note bearing his or her manual or facsimile signature is authenticated
by the Note Registrar, or issued or delivered by the City, the Note nevertheless may be
authenticated, issued and delivered and, when authenticated, issued and delivered,
shall be as binding on the City as though that person had continued to be an officer of
the City authorized to sign Notes. The Note also may be signed on behalf of the City by
any person who, on the actual date of signing of the Note, is an officer of the City
authorized to sign Notes, although he or she did not hold the required office on its Date
of Delivery.
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B. Authentication. Only if the Note bears a Certificate of Authentication in
substantially the following form, manually signed by the Note Registrar, shall it be valid
or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate of
Authentication. This Note is the fully registered City of Tukwila, Washington, Limited
Tax General Obligation Bond Anticipation Note, 2014 (Taxable Non - Revolving Line of
Credit)." The authorized signing of the Certificate of Authentication shall be conclusive
evidence that the Note so authenticated has been duly executed, authenticated and
delivered and is entitled to the benefits of this ordinance.
Section 10. Registration and Transfer. The Note shall be issued only in
registered form as to both principal and interest and the ownership of the Note shall be
recorded on the Note Register. The Finance Director of the City shall serve as the Note
Registrar and shall keep, or cause to be kept, at her office in Tukwila, Washington,
sufficient books for the registration of the Note, which shall contain the name and
mailing address of the Registered Owner. The Note Registrar is authorized, on behalf
of the City, to authenticate and deliver the Note in accordance with the provisions of the
Note and this ordinance and to serve as the City's paying agent for the Note and to
carry out all of the Note Registrar's powers and duties under this ordinance and the
System of Registration. The Note may be assigned or transferred only in whole and
only if endorsed in the manner provided thereon and surrendered to the Note Registrar,
subject to the Bank's representations in a certificate to be provided on the Date of
Delivery. Any such transfer shall be without cost to the owner or transferee and shall be
noted in the Note Register. The Note may only be assigned by the Bank to another
.qualified investor satisfying the requirements set forth in the .certificate to be signed by
the Bank on the Date of Delivery and as set forth on the Note. Upon the final payment
of principal of and interest on the Note, the Registered Owner shall surrender the Note
to the City for destruction or cancellation in accordance with law.
Section 11. Sale of the Note. The City Council has determined that the sale of
the Note to the Bank, under the terms and conditions of this ordinance and the Line of
Credit Agreement, is in the best interests of the City and is hereby approved and
confirmed. Upon delivery of the Note to the Bank, the City shall pay to the Bank a fee of
$10,000 for its attorneys' fees and shall pay the other costs of issuance.
Section 12. Reporting Requirements. While the Note is outstanding, the City
shall provide to the Bank a copy of or internet Zink to its annual financial statements
within 270 days after the close of each fiscal year (with a copy of the audited financial
statements to follow, if and when available). It shall also provide to the Bank a copy of
or internet link to its biennial adopted budget within 60 days after adoption.
Section 13. Governing Law. This ordinance, the Note and the Line of Credit
Agreement shall be governed and interpreted according to the laws of Washington.
Nothing in this paragraph shall be construed to limit or otherwise affect any rights or
remedies of the Bank under federal law.
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Section 14. General Authorization and Ratification. The appropriate officers of
the City are severally authorized to take such actions and to execute such documents
as in their judgment may be necessary or desirable to carry out the transactions
contemplated in connection with this ordinance, and to do everything necessary for the
prompt delivery of the Notes to the Bank and for the proper application, use and
investment of the proceeds of the Notes. All actions taken prior to the effective date of
this ordinance in furtherance of the purposes described in this ordinance and not
inconsistent with the terms of this ordinance are ratified and confirmed in all respects.
Section 15. 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 16. Severability. The provisions of this ordinance are declared to be
separate and severable. If a court of competent jurisdiction, all appeals having been
exhausted or all appeal periods having run, finds any provision of this ordinance to be
invalid or unenforceable as to any person or circumstance, such offending provision
shall, if feasible, be deemed to be modified to be within the limits of enforceability or
validity. However, if the offending provision cannot be so modified, it shall be null and
void with respect to the particular person or circumstance, and all other provisions of
this ordinance in all other respects, and the offending provision with respect to all other
persons and all other circumstances, shall remain valid and enforceable.
Section 17. 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:
Foster Pepper PLLC, Note Counsel
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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CERTIFICATION
I, the undersigned, City Clerk of the City of Tukwila, Washington (the "City "), hereby
certify as follows:
1. The attached copy of Ordinance No. (the "Ordinance ") is a full, true
and correct copy of an ordinance duly passed at a regular meeting of the City Council of
the City held at the regular meeting place thereof on December 1, 2014, as that
ordinance appears on the minute book of the City.
2. The Ordinance will be in full force and effect five days after publication in the
City's official newspaper, which publication date is December 4, 2014.
3. A quorum of the members of the City Council was present throughout the
meeting and a majority of the members voted in the proper manner for the passage of
the Ordinance.
Dated: December 1, 2014.
Bank of the West
210
CITY OF TUKWILA, WASHINGTON
Christy O'Flaherty, MMC, City Clerk
[Zions Bank]
DR/ FT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO CONTRACTING
INDEBTEDNESS; PROVIDING FOR THE ISSUANCE, SALE AND
DELIVERY OF $3,850,000 AGGREGATE PRINCIPAL AMOUNT OF
LIMITED TAX GENERAL OBLIGATION BONDS TO PROVIDE
FUNDS TO CARRY OUT LAND ACQUISITION AND CAPITAL
COSTS OF REDEVELOPMENT ACTIVITIES WITHIN THE CITY'S
URBAN RENEWAL AREA, AND TO PAY THE COSTS OF
ISSUANCE AND SALE OF THE BONDS; FIXING CERTAIN TERMS
AND COVENANTS OF THE BONDS; AND PROVIDING FOR
OTHER RELATED MATTERS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Determinations. The City takes note of the following
facts and makes the following findings and determinations:
(a) Authority and Description of Project. The City has previously passed
Ordinance No. 1898 designating an urban renewal area and finding that certain blighted
property exists within that area requiring the exercise of community renewal powers
under Chapter 35.81 RCW. The City is in need of funds to carry out those community
renewal powers including, but not limited to, land acquisition, demolition, site
preparation and other related redevelopment powers and costs incidental thereto. The
City Council therefore finds that it is in the best interests of the City to issue the Bonds
to finance the Project.
(b) Plan of Financing. Pursuant to applicable law, including, without limitation,
Chapters 35.37, 35.81, 35A.40, 39.36, 39.44 and 39.46 RCW, the City is authorized to
issue general obligation bonds for the purpose of financing the Project. The total
expected cost of the Project is approximately $6,100,000, which is expected to be made
up of proceeds of the Bonds, loans, grants and other available money of the City.
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(c) Debt Capacity. The maximum amount of indebtedness authorized by this
ordinance is $3,850,000. Based on the following facts, this amount is to be issued
within the amount permitted to be issued by the City for general municipal purposes
without a vote:
(1) The assessed valuation of the taxable property within the City as
ascertained by the last preceding assessment for City purposes for collection in the
calendar year 2014 is $4,756,373,688.
(2) As of November 1, 2014, the City has limited tax general obligation
indebtedness, consisting of bonds, notes, leases and conditional sales contracts
outstanding in the principal amount of $21,307,728, which is incurred within the limit of
up to 1'/2% of the value of the taxable property within the City permitted for general
municipal purposes without a vote.
(3) As of November 1, 2014, the City has no unlimited tax general obligation
indebtedness for general municipal purposes; for City -owned water, artificial light, and
sewers; and for acquiring or developing open space, park facilities, and capital facilities
associated with economic development.
(d) The Bonds. For the purpose of providing the funds necessary to carry out the
Project and to pay the costs of issuance and sale of the Bonds, the City Council finds
that it is in the best interests of the City and its taxpayers to issue and sell the Bonds to
the Purchaser, pursuant to the terms set forth in the Bond Purchase Agreement
consistent with this ordinance.
Section 2. Definitions. As used in this ordinance, the following capitalized terms
shall have the following meanings:
(a) "Authorized Denomination" means $1,000 or any integral multiple thereof within
a maturity.
(b) "Bond' means each bond issued pursuant to and for the purposes provided in
this ordinance.
(c) "Bond Counsel' means the firm of Foster Pepper PLLC, its successor, or any
other attorney or firm of attorneys selected by the City with a nationally recognized
standing as bond counsel in the field of municipal finance.
(d) "2014 Bond Account" means the Limited Tax General Obligation Bond Account,
2014, of the City created for the payment of, the principal of and interest on the Bonds.
(e) "Bond Purchase Agreement" means an offer to purchase the Bonds, setting
forth certain terms and conditions of the issuance, sale and delivery of those Bonds,
which offer the designated representative is authorized to accept if consistent with this
ordinance.
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(f) "Bond Register" means the books or records maintained by the Bond Registrar
for the purpose of identifying ownership of each Bond.
(g) "Bond Registrar" means the Fiscal Agent, or any successor bond registrar
selected by the City.
(h) "City" means the City of Tukwila, Washington, a municipal corporation duly
organized and existing under the laws of the State.
(i) "City Council' means the legislative authority of the City, as duly and regularly
constituted from time to time.
(j) "Code" means the United States Internal Revenue Code of 1986, as amended,
and applicable rules and regulations promulgated thereunder.
(k) "Finance Director" means the Finance Director or such other officer of the City
who succeeds to substantially all of the responsibilities of that office.
(1) "Fiscal Agent" means the fiscal agent of the State, as the same may be
designated by the State from time to time.
(m) "Issue Date" means, with respect to a Bond, the date of initial issuance and
delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond.
(n) "MSRB" means the Municipal Securities Rulemaking Board.
(o) "Project" means capital expenditures relating to the exercise of community
renewal powers under chapter 35.81 RCW within the urban renewal area designated by
the City in Ordinance No. 1898, including but not limited to land acquisition, demolition,
site preparation and other redevelopment activities, and any incidental costs associated
with the foregoing, all as deemed necessary and advisable by the City Council. The
term "land" includes all real property and all appurtenant improvements, structures and
interests therein.
(p) "Purchaser" means Zions First National Bank of Salt Lake City, Utah.
(q) "Record Date" means the Bond Registrar's close of business on the 15th day of
the month preceding an interest payment date. With respect to redemption of a Bond
prior to its maturity, the Record Date shall mean the Bond Registrar's close of business
on the date on which the Bond Registrar sends the notice of redemption in accordance
with Section 8.
(r) "Registered Owner" means, with respect to a Bond, the person in whose name
that Bond is registered on the Bond Register.
(s) "State" means the State of Washington.
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(t) "System of Registration" means the system of registration for the City's bonds
and other obligations set forth in Ordinance No. 1338 of the City.
(u) "Term Bond' means each Bond designated as a Term Bond and subject to
mandatory redemption in the years and amounts set forth in the Bond Purchase
Agreement.
(v) "Urban Renewal Project Fund' means the Facilities Fund 302 of the City
created for the purpose of carrying out the Project.
Section 3. Authorization and Description of Bonds. The City is authorized to
borrow money on the credit of the City and issue negotiable limited tax general
obligation bonds evidencing indebtedness in the aggregate principal amount of
$3,850,000 to provide funds necessary to carry out the Project and to pay the costs of
issuance and sale of the Bonds. The proceeds of the Bonds allocated to paying the
cost of the Project shall be deposited as set forth in Section 7 of this ordinance and shall
be used to carry out the Project, or a portion of the Project, in such order of time as the
City determines is advisable and practicable.
The Bonds shall be called the City of Tukwila, Washington, Limited Tax General
Obligation Bonds, 2014 (Taxable), and shall be issued in the aggregate principal
amount of $3,850,000. The Bonds shall be dated the Issue Date; shall be issued in
Authorized Denominations; and shall be numbered separately in the manner and with
any additional designation as the Bond Registrar deems necessary for purposes of
identification.
The Bonds are serial and term in form and shall mature on the dates and in the
principal amounts set forth in Exhibit A, which is attached to this ordinance and
incorporated by this reference. The Bonds shall bear interest at the fixed rates per
annum, which shall reset as set forth in Exhibit A, and are payable on the dates set forth
in Exhibit A. Interest on the Bonds will be paid on each June 1 and December 1,
beginning June 1, 2015. Interest will be computed on the basis of a 360 -day year
consisting of twelve 30 -day months.
Section 4. Bond Registrar; Registration and Transfer of Bonds.
(a) Registration of Bonds. Each Bond shall be issued only in registered form as
to both principal and interest and the ownership of each Bond shall be recorded on the
Bond Register. The Bonds will be initially registered in the name of the Purchaser and
will not be registered through a securities depository.
(b) Bond Registrar; Duties. The Fiscal Agent is appointed as initial Bond
Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the
registration and transfer of the Bonds, which shall be open to inspection by the City at
all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and
deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds
and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all
of the Bond Registrar's powers and duties under this ordinance and the System of
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Registration. The Bond Registrar shall be responsible for its representations contained
in the Bond Registrar's Certificate of Authentication on each Bond. The Bond Registrar
may become an owner with the same rights it would have if it were not the Bond
Registrar and, to the extent permitted by law, may act as depository for and permit any
of its officers or directors to act as members of, or in any other capacity with respect to,
any committee formed to protect the rights of owners.
(c) Bond Register; Transfer and Exchange. The Bond Register shall contain the
name and mailing address of each Registered Owner and the principal amount and
number of each Bond held by each Registered Owner. A Bond surrendered to the
Bond Registrar may be exchanged for a Bond or Bonds in any Authorized
Denomination of an equal aggregate principal amount and of the same interest rate and
maturity. A Bond may be assigned or transferred only in Authorized Denominations and
only if endorsed in the manner provided thereon and surrendered to the Bond Registrar,
accompanied by the representations of the transferor as set forth thereon. Any such
transfer shall be without cost to the owner or transferee and shall be noted in the Bond
Register. The Bond Registrar shall not be obligated to transfer the Registered
Ownership of a Bond during the 15 days preceding any principal or interest payment
date or any prepayment date.
Section 5. Form and Execution of Bonds.
(a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form
consistent with the provisions of this ordinance and State law. Each Bond shall be
signed by the Mayor and the City Clerk, either or both of whose signatures may be
manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall
be impressed or printed thereon. If any officer whose manual or facsimile signature
appears on a Bond ceases to be an officer of the City authorized to sign bonds before
the Bond bearing his or her manual or facsimile signature is authenticated by the Bond
Registrar, or issued or delivered by the City, that Bond nevertheless may be
authenticated, issued and delivered and, when authenticated, issued and delivered,
shall be as binding on the City as though that person had continued to be an officer of
the City authorized to sign bonds. Any Bond also may be signed on behalf of the City
by any person who, on the actual date of signing of the Bond, is an officer of the City
authorized to sign bonds, although he or she did not hold the required office on its Issue
Date.
(b) Authentication. Only a Bond bearing a Certificate of Authentication in
substantially the following form, manually signed by the Bond Registrar, shall be valid or
obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate of
Authentication. This Bond is one of the fully registered City of Tukwila, Washington,
Limited Tax General Obligation Bonds, 2014 (Taxable), described in the Bond
Ordinance." The authorized signing of a Certificate of Authentication shall be
conclusive evidence that the Bond so authenticated has been duly executed,
authenticated and delivered and is entitled to the benefits of this ordinance.
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Section 6. Payment of Bonds. Both principal of and interest on each Bond shall
be payable in lawful money of the United States of America. Interest on each Bond is
payable by electronic transfer on the interest payment date, or by check or draft of the
Bond Registrar mailed on the interest payment date to the Registered Owner at the
address appearing on the Bond Register on the Record Date. Principal of each Bond is
payable upon presentation and surrender of the Bond by the Registered Owner to the
Bond Registrar. The Bonds are not subject to acceleration under any circumstances.
Section 7. Funds and Accounts; Deposit of Proceeds.
(a) 2014 Bond Account. The 2014 Bond Account is created within the City's
general obligation bond repayment fund for the sole purpose of paying principal of and
interest on the Bonds. Bond proceeds in excess of the amounts needed to pay the
costs of the Project and the costs of issuance, if any, shall be deposited into the 2014
Bond Account. All amounts allocated to the payment of the principal of and interest on
the Bonds shall be deposited in the 2014 Bond Account as necessary for the timely
payment of amounts due with respect to the Bonds. The principal of and interest on the
Bonds shall be paid out of the 2014 Bond Account. Until needed for that purpose, the
City may invest money in the 2014 Bond Account temporarily in any legal investment,
and the investment earnings shall be retained in the 2014 Bond Account and used for
the purposes of that fund.
(b) Project Fund. The Project Fund has been previously created as a fund of the
City for the purpose of paying the costs of the Project. Proceeds received from the sale
and delivery of the Bonds shall be deposited into the Project Fund and used to pay the
costs of the Project and costs of issuance of the Bonds. Until needed to pay such
costs, the City may invest those proceeds temporarily in any legal investment, and the
investment earnings shall be retained in the Project Fund and used for the purposes of
that fund, except that earnings subject to a federal tax or rebate requirement (if
applicable) may be withdrawn from the Project Fund and used for those tax or rebate
purposes.
Section 8. Redemption and Purchase of Bonds.
(a) Optional Redemption and Notice. The Bonds maturing on or after
December 1, 2019 shall be subject to redemption at the option of the City as set forth in
Exhibit A at any time upon written notice to the Registered Owner or Owners of the
Bonds to be redeemed, given at least 30 days prior to the date set for redemption.
(b) Mandatory Redemption. The Term Bond maturing in 2034 shall be redeemed
in annual installments of principal, plus accrued interest, on the dates and in the
amounts as set forth in Exhibit A. If the City opts to redeem any portion of the principal
amount of the Term Bond under the optional redemption provisions of subsection (a),
above, such optional redemption shall be credited against one or more scheduled
mandatory redemption installments for that Term Bond in the manner determined by the
City. The City shall notify the Bond Registrar in writing of its allocation of such credit
prior to the next principal installment payment date.
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(c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of
the outstanding Bonds are to be redeemed under the optional redemption provisions in
subsection (a), above, the City shall select the maturities to be redeemed. All or a
portion of the principal amount of any Bond that is to be redeemed may be redeemed in
any Authorized Denomination. If less than all of the outstanding principal amount of any
Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be
issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of
the Registered Owner) of the same maturity and interest rate in any Authorized
Denomination in the aggregate principal amount to remain outstanding.
Section 9. Failure To Pay Bonds. If the principal of any Bond is not paid when
the Bond is properly presented at its maturity or date fixed for redemption, the City shall
be obligated to pay interest on that Bond at the same rate provided in the Bond from
and after its maturity or date fixed for redemption until that Bond, both principal and
interest, is paid in full or until sufficient money for its payment in full is on deposit in the
2014 Bond Account, or in a trust account established to refund or defease the Bond,
and the Bond has been called for payment by giving notice of that call to the Registered
Owner.
Section 10. Pledge of Taxes. The Bonds constitute a general indebtedness of
the City and are payable from tax revenues of the City and such other money as is
lawfully available and pledged by the City for the payment of principal of and interest on
the Bonds. For as long as any of the Bonds are outstanding, the City irrevocably
pledges that it shall, in the manner provided by law within the constitutional and
statutory limitations provided by law without the assent of the voters, include in its
annual property tax levy amounts sufficient, together with other money that is lawfully
available, to pay principal of and interest on the Bonds as the same become due. The
full faith, credit and resources of the City are pledged irrevocably for the prompt
payment of the principal of and interest on the Bonds and such pledge shall be
enforceable in mandamus against the City.
Section 11. Sale and Delivery of the Bonds.
(a) Approval of Bond Purchase Agreement; Delivery of Bonds. The Finance
Director is appointed as the City's designated representative authorized to accept an
offer to purchase the Bonds pursuant to the terms of a written Bond Purchase
Agreement, to be presented to the City by the Purchaser if such agreement is
consistent with the terms described herein, and with such additional terms and
covenants as she deems advisable.
(b) Preparation, Execution and Delivery of the Bonds. The Bonds will be
prepared at City expense and will be delivered to the Purchaser in accordance with the
Bond Purchase Agreement, together with the approving legal opinion of Bond Counsel
regarding the Bonds.
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Section 12. Financial Reporting Requirements. The City agrees to provide to
the Purchaser:
(i) via the Electronic Municipal Market Access ( "EMMA ") system of the
Municipal Securities Rulemaking Board (the "MSRB "), its annual financial
statements by September 30 of each year prepared (except as noted in the
financial statements) in accordance with applicable generally accepted
accounting principles applicable to local governmental units of the State of
Washington such as the City, as such principles may be changed from time to
time, which statements may be unaudited, provided, that if and when audited
financial statements are prepared and available they will be provided; and
(ii) directly to the Purchaser, such additional financial information as the
Purchaser may reasonably request.
Notwithstanding the foregoing, the City and Purchaser agree and acknowledge that
this paragraph does not and is not intended to constitute an "undertaking" to provide
continuing disclosure under Rule 15c -2(12) of the United States Securities and
Exchange Commission, and the Issuer makes no representation regarding its prior
compliance with any such undertaking that it may have entered into with respect to its
outstanding bonds and obligations.
Section 13. General Authorization and Ratification. The appropriate officers of
the City are severally authorized to take such actions and to execute such documents
as in their judgment may be necessary or desirable to carry out the transactions
contemplated in connection with this ordinance, and to do everything necessary for the
prompt delivery of the Bonds to the Purchaser and for the proper application, use and
investment of the proceeds of the Bonds. All actions taken prior to the effective date of
this ordinance in furtherance of the purposes described in this ordinance and not
inconsistent with the terms of this ordinance are ratified and confirmed in all respects.
Section 14. 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 15. Severability. The provisions of this ordinance are declared to be
separate and severable. If a court of competent jurisdiction, all appeals having been
exhausted or all appeal periods having run, finds any provision of this ordinance to be
invalid or unenforceable as to any person or circumstance, such offending provision
shall, if feasible, be deemed to be modified to be within the limits of enforceability or
validity. However, if the offending provision cannot be so modified, it shall be null and
void with respect to the particular person or circumstance, and all other provisions of
this ordinance in all other respects, and the offending provision with respect to all other
- persons and all other circumstances, shall remain valid and enforceable.
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Section 16. 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:
Bond Counsel
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Exhibit A, Description of the Bonds
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Exhibit A
EXHIBIT A
DESCRIPTION OF THE BONDS
(a) Principal Amount: $3,850,000
(b) Purchase Price: $3,850,000 (par amount of the Bonds)
(c) Interest Payment Dates: June 1 and December 1, commencing June 1, 2015.
(d) Maturity and Interest Rates: The Bonds shall mature on the dates and bear interest at
the initial rates (computed on the basis of a 360 -day year of
twelve 30 -day months), as follows:
City of Tukwila, Washington
Limited Tax General Obligation Bonds, 2014 (Taxable)
Maturity ,Principal Interest Maturity Principal Interest
(Dec 1) Amount Rate (Dec 1) Amount Rate
2015 $141,000 0.85% 2021 $ 165,000 3.93%
2016 149,000 1.17 2022 172,000 4.32
2017 150,000 1.60 2023 179,000 4.63
2018 153,000 2.17 2024 187,000 4.86
2019 156,000 2.67 * ** * ** * **
2020 160,000 3.26 2034 2,238,000 2.85(1)
(1) Commencing January 1, 2019, interest on those Bonds maturing December 1, 2034, will
be adjusted to the 5 -year Advance Fixed Bullet Rate, as quoted by the Seattle Federal
Loan Bank from time to time, divided by 0.65, which will remain in effect through and
including December 31, 2024. Commencing January 1, 2025, interest on those Bonds
maturing December 1, 2034, will be adjusted to the 5 -year Advance Fixed Bullet Rate, as
quoted by the Seattle Federal Loan Bank from time to time, divided by 0.65, which will
remain in effect through and including December 31, 2029. Commencing January 1, 2030,
interest on those Bonds maturing December 1, 2034, will be adjusted to the 5 -year
Advance Fixed Bullet Rate, as quoted by the Seattle Federal Loan Bank from time to time,
divided by 0.65, which will remain in effect through and including December 1, 2034.
(e) Optional Redemption: The Bonds maturing on and after December 1, 2020, are
subject to redemption in whole or in part on or after
December 1, 2019, without penalty at any time, upon 30 days
written notice to the Registered Owner(s) of the Bond(s) to be
redeemed.
A -1
220
(f) Mandatory Redemption: The Bond due on December 1, 2034 will be paid in annual
principal installments, plus accrued interest, on December 1
in the years and amounts as follows:
Term Bonds Maturing 2034
Mandatory Mandatory
Redemption Redemption
Years Amounts
2025 $197,000
2026 202,000
2027 208,000
2028 214,000
2029 220,000
2030 226,000
2031 233,000
2032 239,000
2033 246,000
2034* 253,000
*Maturity.
A -2
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CERTIFICATION
I, the undersigned, City Clerk of the City of Tukwila, Washington (the "City "), hereby
certify as follows:
1. The attached copy of Ordinance No. (the "Ordinance ") is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the
City held at the regular meeting place thereof on December 1, 2014, as that ordinance
appears on the minute book of the City.
2. The Ordinance will be in full force and effect five days after publication in the
City's official newspaper, which publication date is December 4, 2014.
3. A quorum of the members of the City Council was present throughout the
meeting and a majority of the members voted in the proper manner for the passage of
the Ordinance.
Dated: December 1, 2014.
Zions Bank
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CITY OF TUKWILA, WASHINGTON
Christy O'Flaherty, MMC, City Clerk
Upcoming Meetings & Events
November/December 2014
24th (Monday)
25th (Tuesday)
26th (Wednesday)
27th (Thursday)
28th (Friday)
29th (Saturday)
> Transportation
Cmte,
5:15 Pm
(Foster
Conference
Room)
> City Council
Committee of
the Whole Mtg.,
7:00 PM
(Council
Chambers)
> Community
Affairs &
Parks Cmte,
530 PM
(Hazelnut
Conference
Room)
Thanksgiving Day
City offices closed
City offices closed
o'
closed
- ,1"
Tukwila Inn Blvd.
Action Cmte's
Trash Pickup Day
900- 10:00 AM
- to
For location or
information contact
Sharon Mann
206-200-3616
M,,,e,,i,tri,,a,,,,,rV 0tf, 4 a4, 94 ' ,A
e
s
'1UrillSgiVing
" ,, ,
Information
Coalition meeting
for a Light Rail
Station at the
Boeing Access
Road location.
8:00 - 9:00 AM
(Community
Center)
Email an RSVP to
rachel.bianchi@
tukwilawa.gov
1st (Monday)
2nd (Tuesday)
3rd (Wednesday)
4th (Thursday)
5th (Friday)
6th (Saturday)
> Civil Service
Commission,
5:00 PM
(Hazelnut
Conference
Room)
> Utilities Cmte,
515 PM
(Foster
Conference
Room)
> City Council
Executive
Session,
6:00 PM
(Hazelnut
Conference
Room)
> City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
> Finance &
Safety Cmte,
5:30 PM
(Hazelnut
Conference
Room)
> Arts
Commission,
5:00 PM
(Community
Center)
> Library
Advisory
Board,
700 PM
(Community
Centel)
> Equity &
Diversity
Commission,
5:15 PM
(Hazelnut
Conference
Room)
> Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206-767-2342.
>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. (A) Foster Golilinks marketing plan
update and draft 15-year Capital Improvement Program (CIP).
> COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact
Chris Partman at 206-431-2197.
> Equity & Diversity Commission: 1st 'Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206-433-1868.
> Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room.
> Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206-767-2342.
>Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206-767-2308.
> Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf. Room. (A) 42"d Ave South/Allentown Roadside Barrier Project
Update. (B) Thorndyke Safe Routes to School Project - Winter Project Shutdown. ((/) 42"d Avenue S Phase III (Southcenter Blvd to S
160th St) Briefing on Design of 42"d Ave S S/S 160Th St Intersection. (D) Tukwila Urban Center - Transit Center and Andover Pk W
Widening - Puget Sound Energy Change Order #3.
Tukwila lnt'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206-433-1815.
> Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf. Room.
223
Tentative Agenda Schedule
MONTH
MEETING 1- :
REGULAR
MELTING 2 -'
C.O.W.
MEETING 3 -
REGULAR
MEI TING 4 -
C.O.W.
November
3
10
17
24
See agenda packet
cover sheet for this
week's agenda
(November 24, 2014
Committee of the
Whole Meeting).
December
1
Consent Agenda:
-An ordinance
granting a non-
exclusive franchise to
McLeodUSA
Telecommunications
Services, LLC for the
purpose of
construction,
operating and
maintaining a
telecommunications
system in certain
public rights -of -way
in the City.
- Accept as complete
the Andover Park East
and Andover Park
West Sewer Repair
project with Omega
Contractors, Inc.
- Accept as complete
the 2013 Annual
Sewer Program for the
Sewer Repair at 6450
Southcenter Blvd.
with Green River
Construction, inc.
- Authorize the
Mayor to sign an
Interlocal Agreement
with the City of
SeaTac for Probation
Services.
- - Authorize the
Mayor to sign a
contract with
Securitas Security
Services USA, Inc. for
2015 -2016 security
services for the
Tukwila Municipal
Court,
8
15
22
224