HomeMy WebLinkAboutCOW 2009-10-12 COMPLETE AGENDA PACKET ,,��L w Tukwila City Council Agenda
45s ❖COM M ITTEE OF THE WHOLE
i Jim Haggerton, Mayor Councilmembers: •3 Joe Duffie Pamela Linder
2 Rhonda Berry, City Administrator •3 Dennis Robertson Verna Griffin
2 9os Joan Hernandez, Council President Kathy Hougardy •3 De'Sean Quinn
To be followed by a Special Meeting
Monday, October 12, 2009, 7:00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. SPECIAL Introduction of Stephanie Brown; promotion to Human Resources Director.
PRESENTATIONS
3. CITIZEN At this time, you are invited to comment on items not included on this agenda (please
COMMENT limit your comments to five minutes per citizen). To comment on an item listed
on this agenda, please save your comments until the issue is presented for discussion.
4. PUBLIC 2009 Comprehensive Plan Zoning Code Amendments. Pg.l
HEARINGS Please bring attached notebook
5. SPECIAL a. 2009 Comprehensive Plan Zoning Code Amendments. Pg.1
ISSUES b. A resolution supporting the City of Seattle's bid to be a host site for the Pg.73
2018/2022 Soccer World Cup.
c. A resolution commencing negotiations for an Interlocal Agreement with King Pg.79
County for the annexation of a residential island to the City of Tukwila.
d. A contract amendment for Commercial Development Solutions for services Pg.99
associated with the Tukwila South project.
e. An ordinance amending TMC Section 11.08 relating to Public Works permit fees Pg.109
for right -of -way and private property.
f. An agreement with Perteet Engineering for GIS Inventory Area 6. Pg.117
g. A grant agreement with the Washington State Department of Ecology for the Pg.135
National Pollutant Discharge Elimination System (NPDES) program.
h. The purchase of six Intelligent Transportation System (ITS) traffic control Pg.157
cabinets for Tukwila International Boulevard Phases II and III.
i. A resolution authorizing the cancellation of past due accounts receivable and Pg.163
returned check write -offs.
j. An ordinance establishing new regulations regarding water, sewer and surface Pg.173
water utility taxes.
6. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
7. MISCELLANEOUS
8. EXECUTIVE SESSION
9. ADJOURN TO SPECIAL MEETING
SPECIAL MEETING
Ord #2253 Res #1694
1. CALL TO ORDER ROLL CALL
2. UNFINISHED An ordinance establishing new regulations regarding water, sewer and surface Pg.173
BUSINESS water utility taxes.
3. ADJOURNMENT
Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance
notice to the City Clerks Office 206 433 1800 /TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and
in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped.
COUNCIL AGENDA SYNOPSIS
h„,,.„/,- ITEM NO.
O rq rVlcetzno Date Prepared by rllupor;r review Cniruci /krruep��
10/12/09 1 RF 1 ii I 914L-1 q,
10/19/09 I RF
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9-0 I I 1
ITEM INFORMATION
CAS NUmber 09-141 'ORIGINALAGISND,\ D, \'I'I OCTOBER 12, 2009
AGKND I'rl:m Trr1,r. 2009 Annual Comprehensive Plan and Zoning Amendments
C. v I I (I O R'i Dirc<u. ion Motion I 'Resolution Ordinance Bid .'I mart! Public Hearing I Other
,1It D 10/12/09 Mt; Date Alts Date Alts Date 10/12/09 Altg Date Altg Date 10/12/09 Altg Date
SPONSOR Council Mayor n _4dm Svc -i DCD 1 1 Finance Fire n Le P/R 1 1 Police PlY/
SPC >NSC )R'S A public hearing will be held on the Planning Commission's recommendations for
SI'`1`1 \1z1 Comprehensive Plan amendments /Zoning changes on 10/12/09. Council is being asked to
consider and approve the recommendations by ordinance.
RI.:1 I1 Ill' 1 I CO«' mtg. CA &P Cmte F &S Cmte 1 Transportation Cmte
1 1 Utilities Cmte I 1 Arts Comm. n Parks Comm. 1 Planning Comm.
DATE: 10/6/09
RECOMMENDATIONS:
SI ONSOR /AD\IIN. Department of Community Development
Cc r MMI 1TEK Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
Ex I'I ?ND!'I'URI: Ri.:QUIR1?D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
10/12/09
MTG. DATE ATTACHMENTS
10/12/09 I Informational memorandum dated 10/5/09, with Exhibits
Binders (distributed separately) to include Planning Commission staff reports /minutes
4 Draft Ordinances
City of Tukwila
TO: Mayor Haggerton
COMMITTEE OF THE WHOLE
FROM: JACK PACE, COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 5, 2009
SUBJECT: ANNUAL COMPREHENSIVE PLAN AMENDMENTS
ISSUE
BACKGROUND
INFORMATIONAL MEMORANDUM
Jim Haggerton, Mayor
This memo discusses and summarizes the Planning Commission's recommendations
for two Comprehensive Plan and two accompanying Zoning Code /Map amendments
under review this year.
On October 12, 2009, the Committee of the Whole will hold a public hearing and take
comments on the recommended amendments. On October 19, 2009 the City Council
will make its final decision on whether or not to adopt individual amendments.
Process to date:
The Washington Growth Management Act allows a jurisdiction's Comprehensive Plan to
be amended once each year, except in case of emergency, per RCW 36.70.
The City of Tukwila is considering two proposed Comprehensive Plan amendments and
two accompanying Zoning code and map amendments during 2009. They were
reviewed by the City Council at a public meeting in May, 2009, and passed along to the
Planning Commission for staff review, public hearing and recommendation.
The Planning Commission held hearings on July 23 and August 27, 2009,
recommended approval of the amendments, and referred the matter back to the City
Council. The Community Affairs and Parks Committee met on September 14, 2009,
and forwarded the Planning Commission's recommendations to the City Council for a
public hearing and final action. (Exhibit 1)
At each stage in the review process, staff has tried to encourage public involvement. All
public meetings and hearings were advertised in the newspaper, and the City's website.
Sites were posted with notices of applications and meetings. Staff exceeded statutory
notification requirements in providing mailings to owners and occupants within 500' of
the proposed map and zoning changes.
INFORMATIONAL MEMO
Page 2
Council Consideration and Options:
After taking comments from the public at the hearing, the Council may take one of the
following actions for each amendment:
Adopt the proposed amendment by ordinance;
Adopt a modified version of a proposed amendment by ordinance; or
Reject the amendment.
Consideration of a site specific amendment is a quasi judicial decision. Consideration
of a policy amendment and area -wide zoning code changes is a legislative decision.
Organization of Informational Materials
Exhibits 1 -4 provide basic information to accompany the informational memo.
Attachment tabs 1 and 2 include complete Planning Commission staff reports, minutes
of Planning Commission hearings and draft ordinances that reflect the Planning
Commission recommendations for each of the Comprehensive Plan amendment /Zoning
code amendment requests respectively.
DISCUSSION
1. Osterly Park Townhomes Redesignate property from Medium Density
Residential (MDR) to High Density Residential (HDR)
File #L08- 077 Comprehensive Plan Amendment
File #L09 -002 Rezone
The applicant, Mike Overbeck, is requesting to redesignate one parcel from Medium
Density Residential (MDR) to High Density Residential (HDR) at 3421 S. 144th.
(Exhibit 2) The .25 acre property had been the subject of a long -term code enforcement
action, and is the site of a former meth house that was demolished earlier in 2009.
The recommended Comprehensive Plan amendment /Rezone area is part of a multi
parcel proposal for a townhome project which will be developed in phases, and is now
under staff review. The rezone would allow the property to be developed with two
additional units, a more efficient site plan, and better access.
The recommended HDR designation is appropriate for the property under any
development scenario, as the block is almost entirely zoned HDR already, and is
developed in large apartment buildings. The site is on a bus route, with Cascade View
Community Park is within one block. Amenities including shopping, schools, library and
a swimming pool are nearby. The impacts of the change from MDR to HDR would be
minimal on the neighborhood, as the site is already well- equipped to handle greater
density.
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INFORMATIONAL MEMO
Page 3
Planning Commission Recommendation Comprehensive Plan (L08 -077):
Approve amending the Comprehensive Plan Land Use Map from Medium
Density Residential (MDR) to High Density Residential (HDR) at S. 3421 S. 144
(Tax #00040000088)
Planning Commission Recommendation Zoning (L09 -002):
Approve amending the Zoning Map from Medium Density Residential (MDR) to
High Density Residential (HDR) at S. 3421 S. 144 (Tax #00040000088)
2. Urban Renewal Overlay District
File #L08- 081 Comprehensive Plan Amendment
File# L08- 082 Zoning Code Amendment
The City of Tukwila's Economic Development Administrator Derek Speck has proposed:
a new Comprehensive Plan policy,
new optional development standards for the Zoning Code (TMC 18) and
changes to the Zoning map.
These amendments would create and implement a new Urban Renewal Overlay
District for commercial, commercial redevelopment and multifamily zoned properties
within the existing the Urban Renewal Area in the vicinity of Tukwila International
Boulevard.
The Tukwila International Boulevard Plan— Revitalization and Urban Renewal (January,
2000) originally designated an "Urban Renewal Area" as the focus of redevelopment.
The Urban Renewal Overlay District that is now being recommended is located in the
same area that has been the focus of long -time planning efforts and public
improvements It generally lies between S. 140 Street, 37 Avenue South, S. 146
Street and 42 Avenue S., and includes the future Tukwila Village site. (Exhibit 3) The
intent of establishing the Urban Renewal Overlay District is to encourage a compact,
transit oriented development pattern with neighborhood- oriented services, redevelopment
of distressed property, and more lively and pedestrian friendly site design.
Current zoning standards have not fostered the type of development that has been desired
along Tukwila International Boulevard. The development regulations that are
recommended for the new Urban Renewal Overlay District are intended to address
deficiencies in existing zoning, stimulate redevelopment and provide desired amenities for
the neighborhood. While market and site conditions will continue to be major factors in
determining the pace and extent of redevelopment in the neighborhood, this proposal is
intended to provide additional tools help the community achieve its vision for a mixed -use
center and strengthened commercial district.
During the process of expressing their interest in the Tukwila Village project, developers
submitted proposals review of proposals that showed more intensive development than is
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INFORMATIONAL MEMO
Page 4
allowed by the current zoning code. Certain concepts for the recommended zoning
changes, such as greater maximum building height and reduced parking requirements,
were suggested by developers considering the future Tukwila Village center project.
However, it is important to note that the recommended development regulations and
requirements encourage the type of development that is desired for the entire Urban
Renewal Overlay District (not just the Tukwila Village project), and would apply equally to
any future development and redevelopment projects in the whole Urban Renewal Overlay
District provided they are requested by the developer and the criteria are met.
The recommended Urban Renewal Overlay District leaves the underlying zoning in place,
but provides optional alternative development standards that may be applied to
developments within the District upon the property owner's request, and if certain
qualifying criteria are met. In exchange for meeting criteria that provide benefits to the
community and encourage transit use (such as pedestrian amenities, provisions for car
share, increased residential bicycle parking, significant covered parking for residential
units), development may have increased density, building heights up to 65' and reduced
residential parking.
The recommended Urban Renewal Overlay District zoning regulations tend to focus
development along Tukwila International Boulevard by requiring at least 100' of frontage
along the street. Street interest and liveliness are encouraged by requiring that the ground
floor along TIB include active uses, which can be a combination of activities and
architectural features intended to enhance the streetscape. Development must provide
pedestrian features such as wide sidewalks, street furniture, etc. Significant covered
parking for residences is also required, as are secure bicycle and car -share parking
spaces. These features will make it easier for people to walk, use bicycles, or car share.
The Planning Commission's recommendations take into account several topics of special
interest.
Building setbacks near sinale family homes:
The Planning Commission expressed concern over the potential visual impact of a row of
tall buildings in the vicinity of single family homes. The Planning Commission
recommendation addresses this issue by requiring a one or two story building tier on
development located adjacent to or across the street from single family dwellings that are
outside of the Urban Renewal Overlay. Tiers would start at 10' from the property line, with
the remainder of the building height set back 30'. (Exhibit 4) This would apply whether the
building's front, second front or side faced the single family dwelling.
Requiring only one tier that is one or two stories in height maintains the same scale as
nearby housing. Some design flexibility, and systems economies are retained for the
building, while loss of developable space is limited. Limiting the tier's setback to ten feet
from the property line provides interest along the street, and begins to establish a
somewhat more urban feel, as is desired by the community. Setting the tallest part of the
building back from the street provides additional visual break for nearby single family
residences, in addition to the separation that is already achieved with the width the right
of -way, and existing single family home setbacks.
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INFORMATIONAL MEMO
Page 5
Residential Units —Size and Type
The Planning Commission had an extended discussion over balancing the importance to a
healthy neighborhood of having a mix of residential unit types and sizes with no single
dwelling unit type predominating, and a future developer's economic need to allow market
conditions to determine the specific mix of unit types and sizes that are constructed. It was
recognized that market forces generally determine the mix of residential units in a
development, and that unit mix is not regulated elsewhere in City codes.
The Planning Commissioners were especially interested that studio units not
predominate in any development, that they should be of high quality construction and of
sufficient size to attract good tenants and that the option of eventual conversion to
ownership not be precluded. The Planning Commission recommendation addresses this
concern by limiting the number of studio units in any development, and by setting both a
minimum size for individual units and minimum average size for studio units. The
recommendation requires that no more than 40% of the residential units could be studio
units, and the average size studio unit is at least 500 s.f. or greater, with no individual unit
smaller than 450 s.f.
Planning Commission Recommendation (Comprehensive Plan Amendment) Urban
Renewal Overlay District —File #L08 -081):
Approve amending the Comprehensive Plan to add new Policy 8.2.22, establishing an
Urban Renewal Overlay District as follows:
Policy 8.2.22 Establish an overlay district in the designated urban renewal area,
generally between S. 940 42 Avenue South, S. 146 Street and 37 Avenue
South, that may allow increased building heights, reduced residential parking
requirements, and other alternative development standards, subject to specific
criteria, in order to encourage well- designed, compact, transit oriented and
pedestrian- friendly redevelopment to activate the community along Tukwila
International Boulevard.
Planning Commission Recommendation (Zoning Code Amendments —File #L08-
082): Adopt development standards and criteria for the proposed Urban Renewal Overlay
District as follows:
Note: The Planning Commission's recommendations are formatted in the draft
ordinance as new TMC Chapter 18.43, Urban Renewal Overlay District, with the
substance of the recommendations unchanged. See Notebook Attachment 2 F for
the complete draft ordinance.
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INFORMATIONAL MEMO
Page 6
Below is a summary of the key points:
The purpose of the Urban Overlay District is to promote community
redevelopment, and revitalization and to encourage investment that
supports well- designed, compact, transit oriented and pedestrian friendly
residential and business activity to activate the community along Tukwila
International Boulevard.
1. Development Standards -The Renewal Overlay District's proposed supplemental
development standards are as follows:
a) Allow building heights up to 65 feet in the Urban Renewal Overlay
District. The existing Neighborhood Commercial Center (NCC) setback standards shall
be followed with the exception that: 1) development adjacent to or across the street
from single family dwellings in Low Density Residential zones lying outside of the Urban
Renewal District shall be set back 10' from the property line with a required building tier
of either one or two stories in height; and 2) floors three and above shall be set back 30'
from the property line. This shall apply whether the front, second front, side or rear yard
faces or is adjacent to the single family dwelling.
b) Multi- family parking standards shall be one parking space per each
dwelling unit that contains up to one bedroom plus 0.5 spaces for every bedroom in
excess of one bedroom in a dwelling unit.
c) The maximum number of dwelling units will be set by the building
envelope as in the NCC zone, rather than a numeric density.
e) Live /work space is permitted on the ground floor to meet the NCC
requirement for ground floor retail or office space if it is built to commercial building code
standards with a typical retail store front appearance.
e) Ground floor residential uses are allowed in the NCC zone in
buildings or portions of buildings that do not front on an arterial.
2) Criteria —The Urban Renewal Overlay District's proposed development
standards listed above would apply only if the owner /developer requests, and if all the
following criteria are met:
a) At least 100 feet of the development parcel's perimeter must front
on Tukwila International Boulevard.
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d) The developer may determine the unit mix with the limitation that
studio units contain an average size of at least 500 square feet of interior
floor space with no units smaller than 450 square feet and allow not more
than 40% of the dwelling units to be studios.
INFORMATIONAL MEMO
Page 7
b) At least 75% of required residential parking shall be provided in an
enclosed structure (garage or podium) that is screened from view from public rights of
way.
c) The ground floor along Tukwila International Boulevard must
contain active uses except for the width of the garage access (when site conditions
allow). Active uses are uses such as retail, restaurant, live -work or other of a similar
nature that encourage pedestrian activity, and feature a combination of design and
amenities to create a sense of interest with features such as doors, windows, clear
glass display windows, wide sidewalks.
d) The property owner /manager shall prepare a Transportation
Management Plan that encourages alternatives to automobile use, and that provides
residential and commercial tenants with materials such as information about transit and
bicycle options or providing transit tickets and passes.
e) Residential development shall provide opportunities for tenants to
use a car sharing program, with one parking space for car share for every 50 to 200
residential spaces on site. An additional space shall be provided for developments with
over 200 parking spaces. All car share spaces are in addition to required residential
parking. If car sharing programs are not available when the building is constructed, an
equal number of guest parking spaces shall be provided, and converted to dedicated
car sharing spaces when the program becomes available.
f) One secure, covered, ground -level bicycle parking space shall be
provided for every four residential units in a mixed -use or multi family development
g) Development shall provide amenities such as some of the following
to enable a high quality pedestrian experience, including retail windows, pedestrian
scale design along sidewalks, wide sidewalks, pedestrian access through site, benches,
art, landscaping and lighting, quality of materials, street furniture.
RECOMMENDATION
The Council is being asked to approve ordinances with recommended changes to the
Comprehensive Plan and Zoning Code and consider this item at a public hearing during
the October 12, 2009 Committee of the Whole meeting and at the subsequent October
19, 2009 Regular Meeting.
ATTACHMENTS
Exhibits:
1. CAP minutes (9/14/09)
2. Map— Medium Density Residential to High Density Residential
3. Map —Urban Renewal Overlay District
4. Tiered Buildings
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INFORMATIONAL MEMO
Page 8
ATTACHMENTS Continued
Attachments: Draft Ordinances for:
1. #L08 -077 and #L09- 002 Medium Density Residential (MDR) to High Density
Residential (HDR)
a. Draft Ordinance Comprehensive Plan
b. Draft Ordinance— Zoning
2. #L08 -081 and #L08- 082 —Urban Renewal Overlay District
a. Draft Ordinance Comprehensive Plan
b. Draft Ordinance Zoning
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COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
September 14, 2009 5:00 p.m.; Conference Room #3
EXHIBIT t
City of Tukwila
Community Affairs and Parks Committee
PRESENT
Councilmembers: Verna Griffin, Chair; Joe Duffle and Kathy Hougardy
Staff: Jack Pace, Nick Olivas, Minnie Dhaliwal, Rebecca Fox, Derek Speck, Rhonda Berry and
Kimberly Matej
Guest: Mike Overbeck, Ryan Hitt, Sharon Mann and Jeremy Eide
CALL TO ORDER: Committee Chair Griffin called the meeting to order at 5:06 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. 2009 Comprehensive Plan Amendments
Staff is seeking full Council approval to amend the City's Comprehensive Plan as well as relative Zoning
Code amendments.
On May 18, the City Council approved the forwarding of two Comprehensive Plan amendments to the
Planning Commission for review, consideration and recommendation. Two applications have been
submitted for the City's consideration as described below:
An application to redesignate a portion of land from medium density residential (MDR) to high
density residential (HDR) at 3421 South 144
This particular area is part of a multi parcel proposal for a townhome project. The designation request
is appropriate. Rezoning will allow for better access and site planning.
Planning Commission Recommendation: Approve re -zone; amend the Comprehensive Plan Land
Use Map from MDR to HDR, and amend the Zoning Map from MDR to HDR. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 12 COW FOR PUBLIC HEARING
DISCUSSION.
An application seeking to create an overlay district for commercial, commercial redevelopment and
multifamily zoned properties within the Urban Renewal Area. The proposed renewal overlay district
lies between the following areas: South 140 Street, 37' Avenue South, South 146 Street and 42n
Avenue South.
The proposed Urban Renewal Overly District will leave the underlying zoning in place while
providing alternate development standards within the District upon certain request and criteria
requirements. The District is intended to be transit- oriented, include neighborhood services and a
focus on redevelopment.
Planning Commission Recommendation: With recommended Commission changes (as noted in
Informational Memo included in the CAP Agenda Packet, page 4), amend the Comprehensive Plan to
add a policy that establishes an Urban Renewal Overlay District, and amend the Comprehensive Land
Use Map to show the Urban Renewal Overlay District. Additionally, amend the Zoning Map and
Code to add the Urban Renewal Overlay District, and Zoning Code Chapter 18.50 Supplemental
Development Regulations establishing the Urban Renewal Overlay District.
Community Affairs Parks Committee Minutes September 14 2009 Pane 2
Staff reviewed, in detail, the Urban Renewal Overlay District Chapter 18.50.170. The Committee
members asked clarifying questions as appropriate. UANIMOUS APPROVAL. FORWARD TO
OCTOBER 12 COW FOR PUBLIC HEARING DISCUSSION.
B. Housekeeping Code Amendments
Staff is seeking full Council approval of an ordinance amending Title 17: Subdivision and Plats and Title
18: Zoning Code of the Tukwila Municipal Code (TMC). The proposed amendments incorporate changes
ranging from code clarification to updating development regulations and permit processes.
The proposed amendments relative to TMC Titles 17 and 18 have been reviewed by the Planning
Commission, and a public hearing for such was held on August 27, 2009. The amendments include
changes, updates and /or additions including but not limited to:
Hotel /Motel /Extended Stay
Religious Facility
Permit Types Procedures
Landscaping
Parking
In the WCIA 2009 Annual Review Audit Recommendation, WCIA suggested amending the Permit
Types and Procedures section to transfer quasi-judicial land use matters to a hearing examiner (currently
heard by the City Council and /or Planning Commission). In regards to this suggestion, DCD staff
recommends a gradual transition of quasi-judicial matters to a hearing examiner. Certain quasi- judicial
decisions, such as design review, unclassified use permits, and rezones, will continue to be made by the
City Council and /or Planning Commission until a time that substantive charges are made to approval
criteria.
Planning Commission Recommendation: The Commission recommends approval of the amendments as
summarized in the Informational Memo included in the CAP Agenda Packet, page 35. UNANIMOUS
APPROVAL. FORWARD TO SEPETMBER 28 COW FOR DISCUSSION
III. MISCELLANEOUS
Meeting adjourned at 5:56 p.m.
Next meeting: Monday, September 14, 2009— 5:00 p.m. Conference Room #3
Committee Chair Approval
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP
FOR CERTAIN REAL PROPERTY LOCATED AT 3421 SOUTH 144TH
STREET, TUKWILA, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO
HIGH DENSITY RESIDENTIAL (HDR); PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 1995 the City of Tukwila adopted the Comprehensive Land Use Plan
and Map based on consideration of existing conditions and long -term community goals,
and these policies may be reviewed and updated as appropriate pursuant to RCW
36.70; and
WHEREAS, on May 18, 2009, the City Council held a public meeting regarding
proposed changes to the Comprehensive Land Use Plan and Map; and
WHEREAS, the City of Tukwila has complied with the requirements of the State
Environmental Policy Act; and
WHEREAS, on July 6, 2009, Comprehensive Plan amendments were determined to
have no significant environmental impact; and
WHEREAS, on July 23, 2009, the City of Tukwila Planning Commission held a
public hearing and, after receiving and studying staff analysis and comments from the
public, recommended approval of the application to amend the Comprehensive Land
Use Map designation, and has made and entered Findings and Conclusions thereon in
support of that recommendation; and
WHEREAS, notices of public meetings and public hearings were published in The
Seattle Times, posted on site, and mailed to surrounding properties; and
WHEREAS, the capability of building additional housing and providing options for
home ownership will provide opportunities for Tukwila residents and will strengthen
neighborhoods; and
WHEREAS, on October 12, 2009, the City Council received testimony at a public
hearing; and
WHEREAS, after due consideration, the City Council concurs with the Findings and
Conclusions of the Planning Commission and has determined the public interest will be
best served by approving the application to amend the Comprehensive Land Use Map
designation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Conclusions Adopted. The City Council hereby adopts
Findings and Conclusions of the Tukwila Planning Commission, attached hereto as
Exhibit 1 and incorporated by this reference as if fully set forth herein.
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Page 1 of 7
Section 2. Re- designation Approved. The property located at 3421 South 144th
Street, including Tax #0040000088 and described in the attached Exhibit 2, is hereby
approved to be re- designated from Medium Density Residential (MDR) to High Density
Residential (HDR).
Section 3. Map Amendment Authorized. The Department of Community
Development Director, or his designee, is hereby authorized to amend the City's official
Comprehensive Land Use Map to show this change in designation, as shown in
Exhibit 3 attached.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force 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 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit 1 Findings and Conclusions, Planning Commission Staff
Report (File #L08 -077), 7/23/09
Exhibit 2 Legal Description
Exhibit 3 Comprehensive Land Use Map
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Page 2 of 7
EXHIBIT 1
Findings and Conclusions
Planning Commission Staff Report (File L08 -077)
July 23, 2009
Medium Density Residential to High Density Residential at 3421 S. 144th
Background and Proiect Description
The applicant Mike Overbeck seeks to re- designate the Comprehensive Plan and zoning map
from Medium Density Residential (MDR) to High Density Residential (HDR),on approximately
.25 acres located at 3421 S. 144` Street (Attaclunents A and B). The property is currently
vacant, having been the site of a long running code violation with nuisance structure that was
demolished in early 2009.
The applicant is seeking the Comprehensive Plan amendment and rezone because the subject
property is one of six parcels that are part of a development proposal to construct town houses.
The other five properties included in the project are already designated High Density Residential.
HDR zoning on the subject property would allow two additional units to be built. Including the
property in the project would provide the most effective site plan, including a central recreation
area and a common through road, as per the Townhouse Design Manual.
The Community Affairs and Parks Committee was briefed on April 27, 2009, and the issue was
forwarded to the City Council. After taking comments at a public meeting on May 11, 2009, the
City Council deliberated on May 18, 2009, and forwarded the issue to the Planning Commission
for review. (Attachment C)
Vicinity /Site Information
Site: The rectangular property located at 3421 S. 144` Street measures about 65' feet wide by
147' feet long, and extends north to south, fronting on S. 144` The entire .25 acre site is
vacant. The parcel had been the site of a long- running code violation action against a former
nuisance structure. The empty house had become a haven for transients, and was demolished
earlier in 2009. The terrain is generally flat. (Attachment D)
Vicinity: The property is located on S. 144` an arterial street, approximately two blocks west
of Tukwila International Boulevard. With the exception of the two lots immediately adjacent to
the subject property, the block's housing is completely developed in larger multi family
structures with High Density Residential zoning. The large apartment buildings along S. 144`
were constructed under King County zoning jurisdiction prior to annexation to Tukwila. The
buildings on the block between 34 Avenue S. and 37 Avenue S. include the 45 unit Colonial
Gardens at 3545 S. 144` the La Rochelle Apartments at 3445 S. 144` with 40 units, and the
128 unit Samara Apartments at 3434 S. 144`
The property immediately east is vacant, and is part of the proposed townhouse development.
Two nearby single family homes are zoned MDR, including one located immediately west of the
subject parcel, and one around the corner south on 34 Avenue South. Additional single family
homes are located north on land that is zoned Low Density Residential (LDR), approximately
one block away north of S. 144th.
Cascade View Community Park is located at the easternmost edge of the block at 14211 37th
Avenue South. The two acre park property is zoned MDR. The park was recently expanded,
and facilities include landscaped seating areas, picnic tables, barbecue area, and play equipment.
Shopping is within one block along Tukwila International Boulevard. The Foster Library, Foster
High School, Tukwila Pool and Showalter Middle School are three to four blocks east on S.
144th. The site is served by Metro bus along S. 144 and on Tukwila International Boulevard.
Light rail is approximately ten blocks south.
The existing zoning and Comprehensive Plan designation in the area is a mixture of Medium
Density Residential (MDR), High Density Residential (HDR), Neighborhood Commercial
Center (NCC) and Low Density Residential (LDR). HDR and MDR are in the immediate
vicinity, with NCC one -half block to the west, and LDR approximately one block to the north
(Attachment E).
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Any future multi- family project would need to meet all the development requirements of the
zoning code. It would require a separate application, environmental review and design review.
COMPREHENSIVE PLAN REVIEW CRITERIA
1. Describe how the issue is addressed in the Comprehensive Plan. If the issue is not
adequately addressed, is there a need for it?
The proposed Comprehensive Plan change from MDR to HDR is not specifically addressed in
the Comprehensive Plan, although the need for a variety of housing stock and healthy
neighborhoods is. The proposal would allow new multi family housing development to be built
with an efficient site plan.
Four broad reaching objectives are the basis for the elements, goals and policies for Tukwila's
Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing
Tukwila's neighborhoods. The Comprehensive Plan states the following:
Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality
and livability."
Under both Medium Density Residential (MDR) zoning and High Density Residential (HDR)
designations, multi family homes, including owner- occupied townhomes, provide opportunities
for individuals and families to live in and contribute to the community. Neighborhood
residential quality and livability can be enhanced with the proposed HDR zoning by allowing
additional townhomes to be built. This type of housing could add additional choices for owner
occupied housing to the community.
Housing Goal 3.1 Continue to provide the City's fair share of regional housing.
Either the current MDR zoning or the requested HDR zoning would allow multi family housing
to be built on the site. With the requested HDR zoning, approximately two additional town home
or standard multi family units could be constructed on the site.
Housing Policy 3.1.1. Provide sufficient zoned housing potential to accommodate future single
and multi family households.
This policy speaks to the need to provide adequate amounts of residentially -zoned land, and to
provide housing choice for future residents. Both the current Medium Density Residential
(MDR) zoning and the requested High Density Residential (HDR) zoning would allow multi-
family housing to be built in the future. Multi family housing could be built with either
designation, consistent with this Comprehensive Plan policy. Although the proposed change
would facilitate the property's being developed as part of a townhouse project, the HDR
designation would allow additional, needed multi- family housing to be built, including
apartments, town houses or condominiums. Townhouses have not been built in Tukwila, and
they would provide a new and needed ownership option for individuals and families in Tukwila.
Residential Neighborhoods Policy 7.3.1 Maintain a comprehensive land use man that supports
the preservation and enhancement of sinele- familv and stable multi family neighborhoods:
eliminates incompatible uses: and clearly establishes annlicable development requirements
through recognizable boundaries.
This policy demonstrates the community's commitment to residential neighborhoods, including
multi family. S. 144"' is an arterial street with large multi family developments on both the north
and south sides of the street. Allowing the HDR zoning to extend eastward by one parcel will
not have a negative effect on neighborhood stability. The ability to construct additional owner
occupied units may contribute to stability in the neighborhood.
2. Impacts
Redevelopment as either the current MDR or the requested HDR would add housing to the now
vacant site, and extend multi family housing along S. 144` Amending the Comprehensive Plan
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and Zoning Maps to HDR would continue the HDR along the north and south sides of S. l44
leaving one parcel of MDR on S. 144
The present MDR zoning permits a maximum of 14.5 units per acre, or approximately 3.6 units
on the .25 acre site. The proposed HDR zoning will allow 22 units per acre, or approximately
5.5 units on the .25 acre site. The requested rezone to HDR could allow up to two additional
housing units to be built on the site beyond what the existing MDR zoning permits. This would
increase the overall housing stock in Tukwila. Compared to the impacts of the existing large
buildings in the immediate vicinity, the impact of allowing two additional units in the proposed
HDR zoning is very slight.
The site is appropriate for high density residential development, since most of the block is
already zoned HDR. It is immediately adjacent to HDR -zoned property on the east, as well as
HDR -zoned property north across S. 144` Its location provides amenities and services. The
site is on a transit line and is within walking distance from a park, shopping, a public library, a
swimming pool, high school and middle school. Tukwila Fire Station #54 is within four blocks.
Any new multi family development on the site would add some traffic and noise. Denser HDR
development would be more in keeping with the Growth Management Act's preference for
compact development.
3. Is the proposed change the best means for meeting the identified public need? What
other options are there for meeting the identified public need?
As Tukwila and King County grow, there is public need and a State of Washington Growth
Management Act requirement for additional housing opportunities and choices. The demand for
new multi family housing could be met either by developing under the existing Medium Density
Development (MDR) zoning or the proposed High Density Residential (HDR). Despite the need
for a variety of housing ownership choices, no multi family housing has been built in recent
years in the area. Tukwila currently has a total of 7, 574 housing units, of which 4, 209 are
multi family units. 3, 476 or 83% of the multi- family dwellings are rental apartments. Only
733, or 17 are condominiums. None are townhomes. Additional home ownership options
would benefit for multi- family residents.
The site is part of the first town house development to be proposed in Tukwila. Approving the
requested Comprehensive Plan change would provide an opportunity for the townhome project
to be developed with greater density and provide Tukwila residents with additional opportunities
for home ownership. The HDR zoning would allow the parcel to be developed most efficiently
as part of a proposed townhome project with consolidated drainage, a through access street and
central recreation space. Whether or not the property redevelops as townhouses, the proposed
HDR zoning is appropriate for the site, and would allow added housing to be built.
4. Will the proposed change result in a net benefit to the community? If not, what result
can be expected and why?
Both MDR and HDR allow multi- family developments to be constructed. The requested change
from MDR to HDR could benefit the greater community and the region by allowing additional
housing units that provide more opportunities for choice in home ownership to be built.
CONCLUSIONS
In reviewing Comprehensive Plan criteria, staff concludes that:
1) Is the issue addressed in the Comprehensive Plan? Is it needed?
Comprehensive Plan objectives, goals and policies acknowledge the need for Tukwila to
retain residential neighborhoods, to provide needed regional housing, to retain adequate
land zoned "residential and to provide housing in a stable neighborhood.
The Comprehensive Plan does not preclude HDR. The policies discussed above refer
both to the existing MDR and the proposed HDR.
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2) Impacts?
The requested map change to HDR could potentially add up to two additional housing
units to the site above what is presently allowed under the MDR zoning, and increase the
overall housing stock in Tukwila. This would extend the existing high density residential
zoning one parcel farther west along S. 144`
The HDR zoning will let a vacant property that had previously been a nuisance property
become part of a proposed 31 unit townhouse development with a common road and
central recreation area, and thereby create expanded options for home ownership.
Specific redevelopment plans will undergo environmental, design review and building
permit review.
3) Meeting identified public need? Other options?
Allowing the change from MDR to HDR will facilitate development of townhouses,
which will provide needed options for homeownership.
4) Benefit to the community?
The community will benefit through redevelopment of a vacant, former nuisance site to
allow additional choices in housing and home ownership.
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EXHIBIT 2
THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN
KING COUNTY, WASHINGTON.
EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF
TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER
20050518000267.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
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RC
HDR
S 144 St
MDR
Proposed Medium
Density Residential (MDR)
to High Density
Residential (HDR)
r
S146 §t
C/)
CD
M
Proposed Medium Density Residential (MDR) to High Density Residential (HDR)
Zoning Lines
HDR NCC
L08 -077 Comprehensive Plan Amendment Medium Density Residential (MDR) to High Density Residential (HDR)
L09 -002 Rezone Medium Density Residential (MDR) to High Density Residential (HDR)
ti
1 %1200'
Exhibit 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT
3421 SOUTH 144TH STREET, TUKWILA, FROM MEDIUM DENSITY
RESIDENTIAL (MDR) TO HIGH DENSITY RESIDENTIAL (HDR);
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based
on consideration of existing conditions and long -tern community goals, and these
documents may be reviewed and updated as appropriate; and
WHEREAS, on May 18, 2009, the City Council held a public meeting regarding
proposed changes to the Zoning Code and Map; and
WHEREAS, the City of Tukwila has complied with the requirements of the State
Environmental Policy Act; and
WHEREAS, on July 6, 2009, Zoning Code and Map amendments were determined
to have no significant environmental impact; and
WHEREAS, on July 23, 2009, the City of Tukwila Planning Commission held a
public hearing and, after receiving and studying staff analysis and comments from the
public, has recommended approval of the rezone application, and has made and
entered Findings and Conclusions thereon in support of that recommendation; and
WHEREAS, notices of public meetings and public hearings were published in The
Seattle Times, posted on site, and mailed to surrounding properties; and
WHEREAS, the capability of building additional housing and providing options for
home ownership will provide opportunities for Tukwila residents and will strengthen
neighborhoods; and
WHEREAS, on October 12, 2009, the Tukwila City Council received testimony at a
public hearing; and
WHEREAS, after due consideration, the City Council concurs with the Findings and
Conclusions of the Planning Commission and has determined the public interest will be
served by approving the rezone application;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Conclusions Adopted. The City Council hereby adopts
Findings and Conclusions of the Tukwila Planning Commission, attached hereto as
Exhibit 1 and incorporated by this reference as if fully set forth herein.
Section 2. Rezone Approved. The property located at 3421 South 144th Street,
including Tax #0040000088 and described in the attached Exhibit 2 and shown on the
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map as Exhibit 3, is hereby approved to be rezoned from Medium Density Residential
(MDR) to High Density Residential (HDR).
Section 3. Map Amendment Authorized. The Department of Community
Development Director, or his designee, is hereby authorized to amend the City's official
zoning map to show this change in zoning.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force 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 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachments: Exhibit 1 Findings and Conclusions, Planning Commission Staff
Report (File #L09 -002), 7/23/09
Exhibit 2 Legal Description
Exhibit 3 Zoning Code Map
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 6
Exhibit 1
Findings and Conclusions
Planning Commission Staff Report (File L09 -002)
July 23, 2009
Medium Density Residential to High Density Residential at 3421 S. 144th
REZONE CRITERIA:
1. The proposed amendment to the zoning map is consistent with the goals, objectives
and policies of the Comprehensive Plan
Per the discussion of Comprehensive Plan Criteria (Staff Report, 7/28/09, File# L08 -077), both
the existing MDR zoning and the proposed HDR zoning are consistent with the Comprehensive
Plan, as follows:
Plan Objective #1 —To improve and sustain residential neighborhood quality and
livability
Goal 3.1 Continue to provide the City's fair share of regional housing
Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future
single- and multi family households.
2. The proposed amendment to the Zoning Map is consistent with the scope and
purpose of this title and the description and purpose of the zone classification
applied for.
Per TMC 18.12.010 Purpose, the existing Medium Density Residential (MDR) district is
"intended to provide areas for family and group residential uses, and serves as an alternative
to lower density family residential housing and more intensively developed group housing and
related uses..."
Multi- family duplex, triplex, fourplex units, townhouses up to four attached units, or detached
zero -lot -line units are permitted with heights up to 30 feet. One detached single- family dwelling
unit is permitted per lot. This reflects the existing dwelling unit immediately to the west, and the
structure that was recently demolished.
Per TMC 18.14.010 Purpose, the proposed High Density Residential (HDR) district is "intended
to provide a high density, multiple family district which is also compatible with commercial and
office areas..."
The HDR permits multi family dwellings, and townhouses up to four attached units. Maximum
building height is 45 feet. As the MDR zone, the HDR zone permits one detached single- family
dwelling per lot. This reflects the single family dwelling unit formerly located immediately to
the east.
The current Medium Density Residential (MDR) zoning allows a maximum of 14.5 units /acre.
Town houses would require a 3,000 s.f. minimum lot size per unit. Under current zoning, a
maximum of approximately 3.6 townhouse or multi family units could be built on the .25 acre
rezone site.
The proposed High Density Residential (HDR) allows a maximum of 22 units /acre with
minimum 2, 000 s.f. lot size. In this instance, approximately 5.5 units could be built on the
property. This would mean an incremental increase of two additional units could be built on the
parcel if the zoning change from MDR to HDR were approved.
The off street parking requirements are the same for both the existing MDR, and the requested
HDR zone. Two parking spaces would be provided for each dwelling unit that contains up to
three bedrooms. One additional off street parking space shall be required for every two
bedrooms in excess of three bedrooms.
Landscape, building separation, recreation space requirements are the same for both the MDR
and HDR zones.
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3. There are changed conditions since the previous zoning became effective to warrant
the proposed amendment to the Zoning Map
In 1995, the land along S. 144th was designated High Density Residential (HDR) in recognition
of large multi family structures that were already in place. Three single family structures were
designated Medium Density Residential (MDR).
Considerable planning efforts and infrastructure improvements have been focused on the area
along Tukwila International Boulevard, one block to the east, to prompt revitalization. This
includes infrastructure and urban roadway improvements, as well as developing Cascade View
Community Park on S. 144 Street. Attention has been focused on the need to provide greater
housing choice for current and future residents throughout Tukwila. In 2008, the Zoning Code
was revised to allow townhouse development that would give residents an opportunity to own
their own units.
The immediate vicinity of the site has also undergone changes. The adjacent single family house
on HDR property to the east was vacated in 2001, and was demolished thereafter, leaving a
vacant lot. The single- family structure on the subject property was condemned by the King
County Health Department in 2000. After continued code violations, the single family structure
on the subject property was demolished in 2009. One single family dwelling remains on the
block.
Changed conditions, especially the demolition of single family structures, support the extension
of the HDR zoning.
4. The proposed amendment to the Zoning Map will be in the interest of furtherance
of the public health, safety, comfort, convenience and general welfare, and will not
adversely affect the surrounding neighborhoods, nor be injurious to other
properties in the vicinity in which the subject property is located
In a broad sense, allowing additional, denser multi family housing to be built could benefit the
region and the community by providing additional housing choices and tax income. Well
designed development would benefit the community more than the existing vacant property.
Measures to facilitate redevelopment of the vacant property as part of a coordinated townhouse
or other housing project promote public health, safety and comfort through good design. Site
specific development will be planned carefully to accommodate neighborhood conditions.
Rezoning the property to HDR will result in somewhat denser development and somewhat
greater traffic and other impacts than development under the existing MDR zoning. The added
impacts would be very small since the requested HDR zoning allows only two more units to be
built than the existing MDR. With the exception of the subject property, a vacant lot adjacent to
the east, and a single- family house adjacent to the west, the entire block is already zoned HDR
and is developed with apartments along S. 144 a collector arterial. New development would
enhance the neighborhood. No new multi- family has been constructed in years.
Site development applications for SEPA and Design Review will address specific impacts such
as traffic, parking, and other impacts on abutting property. Environmental review, design
review with a Board of Architectural Review hearing and public involvement will provide
Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate
potential negative impacts to the adjacent properties and the community.
ZONING MAP AMENDMENT CONCLUSIONS
1) Consistency with Comprehensive Plan:
The proposed HDR zoning is consistent with existing Comprehensive Plan policies that
support stable neighborhoods, more housing, and offering a range of housing types.
2) Consistency with Zone:
Similar types of development are perrnitted under both the current Medium Density
Residential (MDR) and the requested High Density Residential (HDR) zoning. Both
zones are found in the immediate vicinity.
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The requested High Density Residential (HDR) allows denser development with
smaller lots and taller building heights.
Two additional units could be built on the site under the requested High Density
Residential (HDR) zone, than with the current Medium Density Residential (MDR).
The proposed High Density Residential (HDR) zoning would allow the property to be
included in a proposed townhouse project that includes shared recreational space and
a central access.
3) Changed conditions:
Changed conditions include increased focus on revitalization along Tukwila
International Boulevard, the adoption of development standards for townhouse
development in 2008, as well as the demolition of single family structures on the
subject property, and on the adjacent parcel to the east zoned HDR.
Additional emphasis is placed on providing additional choices in housing type and
ownership for current and future Tukwila residents.
4) Community interest:
New housing development is in the community interest.
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EXHIBIT 2
THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN
KING COUNTY, WASHINGTON.
EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF
TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER
20050518000267.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
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RC
MDR HDR
S144St
MDR 'A
s
MDR
Proposed Medium
Density Residential (MDR)
to High Density
Residential (HDR)
S146 §t
Proposed Medium Density Residential (MDR) to High Density Residential (HDR)
Zoning Lines
HDR NCC
L08 -077 Comprehensive Plan Amendment- Medium Density Residential (MDR) to High Density Residential (HDR)
L09 -002 Rezone Medium Density Residential (MDR) to High Density Residential (HDR)
v
1"=200'
Exhibit 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE PLAN
TRANSPORTATION CORRIDORS ELEMENT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 1995 the City of Tukwila adopted the Comprehensive Land Use Plan
and Map based on consideration of existing conditions and long -term community goals,
and these policies may be reviewed and updated as appropriate, pursuant to RCW
36.70; and
WHEREAS, on May 18, 2009, the City Council held a public meeting regarding
proposed changes to the Comprehensive Land Use Plan; and
WHEREAS, the City of Tukwila has complied with the requirements of the State
Environmental Policy Act; and
WHEREAS, on July 6, 2009, Comprehensive Plan amendments were determined to
have no significant environmental impact; and
WHEREAS, on July 23, 2009, the City of Tukwila Planning Commission held a
public hearing and, after receiving and studying staff analysis and comments from the
public, has recommended approval of the application to amend the Comprehensive
Land Use Plan, and made and entered Findings and Conclusions thereon in support of
that recommendation; and
WHEREAS, notices of all public meetings and public hearings were published in
The Seattle Times, posted on site, and mailed to surrounding properties; and
WHEREAS, the Tukwila community desires redevelopment and has put
considerable effort and resources into revitalizing the Tukwila International Boulevard
corridor; and
WHEREAS, in the "Tukwila International Boulevard Design Manual" and "Tukwila
International Boulevard Plan Revitalization and Urban Renewal" the City established
specialized policy to guide the improvement of the corridor; and
WHEREAS, additional measures are needed to spur the desired redevelopment
along the Tukwila International Boulevard corridor and to implement the community's
vision for the future of the area; and
WHEREAS, the intent of the Urban Renewal Overlay District is to encourage the
redevelopment of distressed areas in the vicinity of Tukwila International Boulevard
with a compact, transit- oriented development pattern including neighborhood services
and pedestrian- friendly improvements with high- quality materials and design; and
WHEREAS, designating an Urban Renewal Overlay District will permit
supplemental development standards and criteria to be implemented to encourage
more compact development; and
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WHEREAS, on October 12, 2009, the City Council held a public hearing and, after
due consideration of the testimony, the Council believes an amendment to the City's
Comprehensive Plan is necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Conclusions Adopted. The City Council hereby adopts
Findings and Conclusions of the Tukwila Planning Commission, attached hereto as
Exhibit 1 and incorporated by this reference as if fully set forth herein.
Section 2. Comprehensive Land Use Plan Amended. The Comprehensive Land Use
Plan is hereby amended to add new Policy 8.2.22 to the Transportation Corridors
Element to read as follows: "Establish an overlay district in the designated urban
renewal area, generally between South 140th, 42nd Avenue South, South 146th Street and
37th Avenue South, that may allow increased building heights, reduced residential
parking requirements, and other alternative development standards, subject to specific
criteria, in order to encourage well designed, compact, transit- oriented and pedestrian
friendly redevelopment to activate the community along Tukwila International
Boulevard."
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force and effect
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 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachment: Exhibit 1 Findings and Conclusions, Planning Commission Staff
Report (File #L08 -077)
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 7
Introduction
Exhibit 1
Planning Commission Findings and Conclusions
Comprehensive Plan amendment —Urban Renewal Overlay District
(File #L08 -077)
FINDINGS
The City of Tukwila/Derek Speck proposes a new Comprehensive Plan policy, and changes to
the Zoning Code and map to create and implement an Urban Renewal Overly District for
commercial, commercial redevelopment area and multi- family zoned properties within the Urban
Renewal Area along Tukwila International Boulevard.
The intent of the proposed Urban Renewal Overlay District is to encourage the redevelopment of
distressed areas in the vicinity of Tukwila International Boulevard with a compact, transit
oriented development pattern including neighborhood services, and pedestrian friendly
improvements with high quality materials and design. Supplemental development regulations
and criteria are intended to address deficiencies in existing zoning and provide desired amenities.
While market and site conditions will continue to be major factors in determining the pace and
extent of redevelopment in the neighborhood, this proposal is intended to help the community
achieve its vision for a mixed -use center and strengthened commercial district.
BACKGROUND
Project History
The Tukwila community has put considerable effort in developing options for revitalizing the
Pacific Highway corridor, now renamed as Tukwila International Boulevard. In the Tukwila
International Boulevard Design Manual (January, 1999), and the "Tukwila International
Boulevard Plan— Revitalization and Urban Renewal" (January, 2000), the City established
specialized policy to guide the improvement of the corridor.
State law required the City to designate an Urban Renewal Area in order to purchase property
and partner in private development, such as Tukwila Village. In 2000, Tukwila designated an
Urban Renewal Area per Chapter 35.81, RCW.
The Urban Renewal Area's boundaries addressed the most serious challenges for redevelopment,
including social impediments, and difficult property characteristics such as small, irregular
parcel sizes and a high number of separate small ownerships. According to the "Tukwila
International Boulevard Plan— Revitalization and Urban Renewal," the "urban renewal area is
sized to show the intent of the City to narrowly focus its resources and yet large enough to
potentially act as a catalyst for rehabilitation and redevelopment
The boundaries of the proposed Urban Renewal Overlay District have been drawn to coincide
generally with the boundaries of the Urban Renewal Area, established in 2000. The proposed
overlay district is approximately 7 blocks in area, and lies in the Tukwila Intemational Boulevard
Urban Renewal Area between S. 140 Street, 37` Avenue South, S. 146 and 42 Avenue S.
The Low Density Residential (LDR) -zoned properties on the west side of 42 Avenue South
between S. 146 and S. 144 will be excluded from the overlay since recent redevelopment and
the presence of wetlands make them unsuited for higher intensity development. The LDR -zoned
property north of S 144' will be designated a Commercial Redevelopment Area and, if
redeveloped as part of a project in the overlay district, would be permitted to apply the uses and
standards of the adjacent commercial district (TMC 18.60.060).
Since the Urban Renewal Area was designated in 2000, there have been some changes and
improvements in the general area, including the comp of infrastructure upgrades and urban
roadway improvements from S. 154 to S. 139` and the City of Tukwila purchase of
approximately six acres along Tukwila International Boulevard. The City is currently
negotiating with a developer for the creation of Tukwila Village at the intersection of S. 144`
and Tukwila International Boulevard. Light rail opened in July, 2009, and Metro is proposing
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additional bus service to the station at S. 154 There is increased interest nationally for
employees and residents to work and live in pedestrian friendly, transit oriented neighborhoods.
Despite these changes, significant private development has occurred slowly.
The Urban Renewal Overlay District and supplemental development regulations and criteria are
intended to address this issue. The proposed Urban Renewal Overlay District will help
implement the priorities of the Tukwila International Boulevard Plan, and is consistent with the
desired direction of redevelopment projects in the area. The developer of the Tukwila Village
project proposed concepts that require some changes to existing development regulations, and
these are reflected in the proposed amendment. The changes would apply to the entire Urban
Renewal Overlay District.
The proposed Urban Renewal Overlay District would retain the existing zoning, and
development standards for the affected area, including Medium Density Residential (MDR),
High Density Residential (HDR), and Neighborhood Commercial Center (NCC). However, the
Urban Renewal Overlay District would have supplemental development standards that could be
applied to projects within the Overlay District upon the request of a property owner, and if the
proposed development met certain qualifying criteria.
The alternative development standards such as reduced parking requirement, higher height limit,
greater number of dwelling units make the economics of compact, mixed -use development, such
as the Tukwila Village project, more feasible. Specific qualification criteria are intended to
ensure that the public's interest is served and high quality development and amenities are
provided when the supplemental development standards are used.
The Community Affairs and Parks Committee was briefed on April 27, 2009, and the issue was
forwarded to the City Council. After taking comments at a public meeting on May 18, 2009, the
City Council deliberated on May 25, 2009 and forwarded the issue to the Planning Commission
for review (Attachments D, E F).
Vicinity /Site Information:
Site:
The proposed overlay district is approximately 7 blocks in area, and lies in the Tukwila
International Boulevard Urban Renewal Area between S. 140 Street, 37` Avenue South, S.
146 and 42 Avenue S. It includes the Tukwila Village property.
The LDR -zoned properties on the west side of 42 Avenue South between S. 146 and S. 144
are excluded from the overlay since recent redevelopment and the presence of wetlands make
them unsuited for higher intensity development. The LDR -zoned property north of S 144` shall
be designated a Commercial Redevelopment Area and if redeveloped as part of a project in the
overlay district (ATTACHEMENT XXX).
The area is generally flat, but contains several areas with steep slopes generally adjacent to
Tukwila International Boulevard. As discussed above, a (Type 3 with 50' buffers is located
adjacent to the proposed Urban Renewal Overlay District, and part of the buffer lies in the
Overlay District. Hydrology from the proposed Overlay District supports the wetland.
Vicinity:
The seven -block Urban Renewal Overlay District is a mixture of uses including drug and
convenience stores, fast food and other restaurants, car rental, parking, convenience centers,
motels, pawn shop, vacant property and multi family housing. Several City -owned parcels are
currently vacant. The City of Tukwila has installed urban roadway improvements, including
curb, gutter, sidewalk, streetlights, and drainage from S. 152 to S. 130th.
Public facilities are located along S. 144 near the proposed Urban Renewal Overlay District,
including Cascade View Community Park, Foster Library, Foster High School, Tukwila Pool,
Fire Station #54 and Showalter Middle School. The Police Department's Neighborhood Service
Center is located at 14661 Tukwila International Boulevard.
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PROPOSED COMPREHENSIVE PLAN POLICY:
Policy 8.2.22 Establish an overlay district in the designated urban renewal area, generally
between S. 140 42 Avenue South, S. 146` Street and 37 Avenue South, that may allow
increased building heights, reduced residential parking requirements, and other alternative
development standards, subject to specific criteria, in order to encourage well- designed,
compact, transit oriented and pedestrian- friendly redevelopment to activate the community along
Tukwila International Boulevard."
COMPREHENSIVE PLAN REVIEW CRITERIA:
Planning Commission review is required for Comprehensive Plan and Zoning Code
amendments. The Planning Commission may recommend approval, recommend approval with
conditions or recommend denial of the amendment based on a clear compliance with the criteria
that follow. The Planning Commission's recommendation will be forwarded to the City
Council, which will make the final decision.
Describe how the issue is addressed in the Comprehensive Plan. If the issue is not
adequately addressed, is there a need for it?
Four broad reaching objectives are the basis for the elements, goals and policies of Tukwila's
Comprehensive Plan. The Plan's second priority objective recognizes the importance of the
Tukwila International Boulevard to the community as follows:
Obiective 2. "To redevelop and reinvigorate the Pacific Highway Corridor"
Pacific Hiahwav Corridor Goal 8.2 provides a further sense of the significance of Tukwila
International Boulevard redevelopment as follows:
"A Pacific Highway corridor that is an attractive, safe and profitable place to live, do business,
shop and work, and is a positive reflection of the City as a whole and of the surrounding
residential and business community."
Pacific Hiahwav Corridor Policies 8.2.1 through 8.2.21 provide additional detail on the desire for
improvements, including transit facilities, pedestrian safety and amenities, diverse uses, flexible
pedestrian- oriented design standards, and the development of a strategic and financial plan to
facilitate private and public investment.
A policy that establishes an Urban Renewal Area overlay is needed to strengthen and
supplement Comprehensive Plan Policies 8.2.1 through 8.2.21 relating to Tukwila International
Boulevard, as well as the adopted Tukwila International Boulevard Design Manual (January,
1999) and "Tukwila International Boulevard Plan— Revitalization, Urban Renewal (January,
2000) that guide the improvement of the corridor.
The Urban Renewal Overlay District with development standards and criteria is a logical
extension of designating the Urban Renewal Area in 2000, and of implementing redevelopment
plans for the area. It will provide the maximum opportunity for private enterprise that is
consistent with the City of Tukwila's stated goals and public priorities for Tukwila International
Boulevard.
Imna cts
New development along Tukwila International Boulevard is likely to be the primary result of the
proposed change. There has been little new private development in this district for several
decades. The alternate development standards proposed for the Urban Renewal Overlay District,
including building heights up to 65' and reduced parking requirements, will make more compact,
urban -style density residential and commercial development more economically feasible,
Vacant lots and underutilized parcels such as auto sales lots would be likely to redevelop to
mixed -use buildings with residential units above ground -floor commercial. Some older
apartments may be replaced with new mixed use structures that include residential units above
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commercial uses. City -owned property would redevelop to mixed use. Once built, new housing
and commercial opportunities will draw new residents and shoppers to the area.
New development would include taller buildings in the proposed Urban Renewal Overlay
District (the current maximum height of 45 feet would increase to 65 feet.) with NCC setback
standards applied to other development. This would be mitigated with the required stepping
back of buildings adjacent to residential units. In order to bring activity and interest toward the
street, new development along Tukwila International Boulevard can be sited adjacent to the
sidewalk, per the existing Tukwila International Boulevard Design Manual. Criteria will also
include mechanisms to limit the impacts of reduced residential parking requirements on the new
residents and the neighborhood, such as requiring enclosed parking structures for 75% of
residential parking, and making a parking space available for use of a shared vehicle.
The area included in the Urban Renewal Overlay District is served by transit, and has shopping
and services within walking distance. These attributes support the proposed reduced parking
requirements. With less parking provided and the opportunity for shared vehicle use (ZipCar),
there could be fewer automobiles and a greater focus on transit use. Requirements for
pedestrian friendly features should result in better building design, increased pedestrian activity
and ultimately a more vibrant and lively community.
3. Is the proposed change the best means for meeting the identified public need? What
other options are there for meeting the identified public need?
The Comprehensive Plan and Tukwila International Boulevard Revitalization and Urban
Renewal Plan (2000) identify a public need for an "attractive, safe and profitable place to live, do
business, shop and work" along Tukwila International Boulevard. The Urban Renewal Area
between South 140 Street and South 146 has been a special focus.
Designating the Urban Renewal Overlay District and preparing supplemental development
standards furthers the community's ongoing efforts to encourage redevelopment along the
Tukwila International Boulevard corridor. It is intended to address specific perceived
deficiencies, such as building height and parking requirements, in existing development codes,
and spur redevelopment that meets the identified public need for improved housing and
commercial opportunities.
An Urban Renewal Overlay District is a specific mechanism to promote desired mixed -use,
transit oriented development in the targeted area, corresponding to 2000's Urban Renewal Area.
The Urban Renewal Overlay District would be superimposed over the existing zoning map. The
underlying zoning would be retained, but supplemental development standards and criteria
would also apply, if desired and if specific conditions were met. The Urban Renewal Overlay
District would provide the community and potential developers with a means to make higher
quality, compact growth more feasible within the defined 7 -block Urban Renewal Area through
added housing density, reduced residential parking requirements, taller structures, additional
pedestrian and transit amenities, and structured parking,
Alternate methods to achieve the identified public need for compact, transit- and pedestrian
friendly mixed use development would be to:
change the development standards for the underlying MDR, HDR and NCC zones;
prepare individual development agreements for individual new development projects
along Tukwila International Boulevard;
designate a Transit Oriented Development overlay along the length of Tukwila Boulevard
to the Sound Transit Station at S. 154th.;
leave the Comprehensive Plan unchanged and wait for the existing policies and plans to
prompt the desired redevelopment.
4. Will the proposed change result in a net benefit to the community? If not, what result
can be expected and why?
We expect that the Urban Renewal Overlay District and alternate development standards will
benefit the community by making desired new, high quality mixed use residential and
commercial development such as Tukwila Village more likely to happen by making them more
financially feasible. Alternate development standards and criteria to allow taller structures and
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reduced parking requirements will make both urban density and amenities more likely. The
requirements for active uses, structured parking, pedestrian features and amenities will result in
development that contributes to a more attractive, and interesting community. New commercial
and dwelling units will improve the existing community and draw people into the neighborhood
to walk, shop, eat, and play.
The potential negative impacts that could occur when new higher buildings are developed
adjacent to existing residential uses are lessened by the requirement to develop along Tukwila
International Boulevard, and by requiring maximum setbacks from property lines, and /or tiering
of new structures. The possible negative impacts of reduced parking requirements are addressed
by requiring significant structured parking, as well as pedestrian amenities.
CONCLUSIONS
In reviewing Comprehensive Plan criteria, staff concludes that:
1. Is the issue addressed in the Comprehensive Plan? Is it needed?
"To develop and reinvigorate the Pacific Highway Corridor" is the Comprehensive Plan's
#2 overall objective.
Over the years, considerable planning and capital improvement efforts have been focused
on improving the Tukwila International Boulevard neighborhood.
A new policy establishing an Urban Renewal Overlay District is needed in order to
further efforts to enhance the Tukwila International Boulevard corridor, and to set
alternate development standards and criteria to encourage high quality new construction.
2. Impacts?
New, taller and denser development is likely to be the primary impact of the proposed
change.
Existing vacant lots and underutilized parcels would be likely to redevelop to mixed -use
buildings with residential units above ground -floor commercial.
With less residential parking provided, there would probably be fewer automobiles and a
greater focus on transit use and walking.
3. Meetinc identified public need? Other options?
The Urban Renewal Overlay District is an effective means to target the area with
supplemental development regulations and criteria intended to meet the public's need for
new, desired mixed use commercial and residential projects.
Other options to meet the public's need include: a) changing the area's underlying zoning
requirements; b)preparing a separate development agreement for each new project; c)
extending proposed boundaries to include the Link Light Rail station on S. 154 d) no
action.
4. Benefit to the community?
The Urban Renewal Overlay District, development standards and criteria will benefit the
community by making desired mixed use residential and commercial development such
as Tukwila Village, and other redevelopment more likely to happen in the targeted area
by increasing its financial feasibility.
New high quality, compact and transit- oriented development will enhance the
neighborhood's overall livability.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS ORDINANCES, AS CODIFIED AT
VARIOUS CHAPTERS OF TUKWILA MUNICIPAL CODE TITLE 18 "ZONING
CODE," RELATED TO THE NEW URBAN RENEWAL OVERLAY DISTRICT;
ADOPTING A NEW SECTION AND FIGURE 18 -15, AS CODIFIED AT TUKWILA
MUNICIPAL CODE CHAPTER 18.43, "URBAN RENEWAL OVERLAY DISTRICT
AMENDING THE OFFICIAL ZONING MAP TO ADD THE "URBAN RENEWAL
OVERLAY DISTRICT PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on
consideration of existing conditions and long -term community goals, and may review and
update these as appropriate; and
WHEREAS, on May 18, 2009, the City Council held a public meeting regarding proposed
changes to the Comprehensive Land Use Plan; and
WHEREAS, the City of Tukwila has complied with the requirements of the State
Environmental Policy Act; and
WHEREAS, on July 6, 2009, Comprehensive Plan amendments were determined to have no
significant environmental impact; and
WHEREAS, on July 23, 2009 and August 27, 2009, the City of Tukwila Planning
Commission held public hearings and, after receiving and studying staff analysis and
comments from the public, has recommended adoption of a Comprehensive Plan amendment,
and made and entered Findings of Fact and Conclusions thereon in support of that
recommendation; and
WHEREAS, on October 12, 2009, the City Council held a Public Hearing on the proposed
amendments; and
WHEREAS, notices of public meetings and public hearings were published in The Seattle
Times, posted on site, and mailed to surrounding properties; and
WHEREAS, the Tukwila community desires redevelopment along the Tukwila
International Boulevard Corridor, and has put considerable effort and resources into
revitalizing this area; and
WHEREAS, additional measures are needed to spur the desired redevelopment along the
Tukwila International Boulevard corridor, and to implement the community's vision for the
future of the area; and
WHEREAS, the intent of the Urban Renewal Overlay District is to encourage the
redevelopment of distressed areas in the vicinity of Tukwila International Boulevard with a
compact, transit- oriented development pattern including neighborhood services, and
pedestrian- friendly improvements with high quality materials and design; and
WHEREAS, supplemental development standards and criteria in the Urban Renewal
Overlay District will stimulate desired compact commercial and residential redevelopment in
the designated Urban Renewal Area, lying generally between South 140th Street, 42nd Avenue
South, South 146th Street and 37th Avenue South; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the
Findings and Conclusions of the Tukwila Planning Commission regarding this zoning change
attached hereto as Exhibit A, and incorporated by this reference as if fully set forth herein.
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Section 2. Zoning Map Amended. The Tukwila Zoning Map is hereby amended as depicted
on the Zoning Map attached hereto as Exhibit B and by this reference fully incorporated hereto.
Section 3. Ordinance Amended. Ordinance No. 1758 §1 (part), as codified as TMC Section
18.08.010, is amended to read as follows:
18.08.010 Use Districts
In order to classify, segregate and regulate the uses of land, buildings and structures, the
City is divided into the following use districts:
LDR Low Density Residential
MDR Medium Density Residential
HDR High Density Residential
MUO Mixed Use Office
0 Office
RCC Residential Commercial Center
NCC Neighborhood Commercial Center
RC Regional Commercial
RCM Regional Commercial Mixed -use
TUC Tukwila Urban Center
C/ LI Commercial/ Light Industrial
LI Light Industrial
HI Heavy Industrial
MIC /L Manufacturing Industrial Center/ Light
MIC /H Manufacturing Industrial Center /Heavy
TSO Tukwila South Overlay
TVS Tukwila Valley South
PRO Public Recreation Overlay
SOD Shoreline Overlay
SAOD Sensitive Areas Overlay
UROD Urban Renewal Overlay
Section 4. Ordinances .Amended. Ordinances Nos. 1865 §4 and 1758 §1 (part), as codified at
TMC Section 18.10.010, are hereby amended to read as follows:
18.10.010 Purpose
A. This district implements the Low- Density Residential Comprehensive Plan designation,
which allows a maximum of 6.7 dwelling units per net acre. It is intended to provide low
density family residential areas together with a full range of urban infrastructure services in
order to maintain stable residential neighborhoods and to prevent intrusions by incompatible
land uses. Certain LDR properties are identified as Commercial Redevelopment Areas (see
Figures 18 -9 or 18 -10) to encourage aggregation with commercial properties that front on
Tukwila International Boulevard. Aggregation and commercial redevelopment of these sites
would implement the Pacific Highway Revitalization Plan and provide opportunities to rede-
fine and create more uniform borders between the commercial corridor and the adjacent
residential neighborhoods.
B. Certain LDR properties are located in the Urban Renewal Overlay (see Figure 18 -15).
Existing zoning and development standards will remain in place, although multi- familv
buildings would be permitted. The overlay provides additional alternate development
standards that may be applied to development within the Urban Renewal Overlay upon
reauest of the property owner, and if the development meets certain aualifving criteria. Urban
Renewal Overlay district standards would implement the Tukwila International Boulevard
Revitalization Plan through more intensive development.
Section 5. Ordinance Amended. Ordinance No. 1865 §7, as codified at TMC Section
18.10.055, is hereby amended to read as follows:
18.10.055 Design Review
Design review is required for all conditional and unclassified uses. Design review is also
required for developments in a Commercial Redevelopment Area that propose the uses and
standards of and adjacent commercial zone as well as development in the Urban Overlay
District.
Section 6. Ordinances Amended. Ordinance Nos. 1865 §8 and 1758 §1 (part), as codified at
TMC Section 18.12.010, are hereby amended as follows:
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18.12.010 Purpose
A. This district implements the Medium Density Residential Comprehensive Plan
designation, which allows up to 14.5 dwelling units per net acre. It is intended to provide areas
for family and group residential uses, and serves as an alternative to lower density family
residential housing and more intensively developed group residential housing and related uses.
Through the following standards this district provides medium density housing designed to
provide:
1. Individual entries and transition from public and communal areas to private areas;
2. Building projections, level changes and so forth to effectively define areas for a
variety of outdoor functions as well as privacy; and
3. Landscaping and open space to serve as extension of living areas.
B. Certain MDR properties are identified as Commercial Redevelopment Areas (see
Figures 18 -10 or 18 -9) to encourage aggregation with commercial properties that front on
Tukwila International Boulevard. Aggregation and commercial redevelopment of these sites
would implement the Pacific Highway Revitalization Plan and provide opportunities to
redefine and create more uniform borders between the commercial corridor and adjacent
residential neighborhoods.
C. Certain MDR properties are located in the Urban Renewal Overlay (see Figure 18 -15).
Existing zoning and development standards will remain in place, although multi- family
buildings would be permitted. The overlay provides additional alternate development
standards that may be applied to development within the Urban Renewal Overlay upon reauest
of the prop erty owner and if the development meets certain aualifving criteria. Urban Renewal
Overlay district standards would implement the Tukwila International Boulevard
Revitalization Plan through more intensive development.
Section 7. Ordinances Amended. Ordinance Nos. 1865 §12, 1830 §1 and 1758 §1 (part), as
codified at TMC Section 18.14.010, are hereby amended to read as follows:
18.14.010 Purpose
A. This district implements the High Density Residential Comprehensive Plan designation,
which allows up to 22.0 dwelling units per net acre. Senior citizen housing is allowed up to 60
dwelling units per acre, subject to additional restrictions. It is intended to provide a high
density, multiple- family district which is also compatible with commercial and office areas.
Certain HDR properties are identified as Commercial Redevelopment Areas (see Figures 18 or
18 10) to encourage aggregation and redevelopment of properties that front on Tukwila
International Boulevard. Aggregation and commercial redevelopment of these sites would
implement the Pacific Highway Revitalization Plan and provide opportunities to redefine and
create more uniform borders between the commercial corridor and adjacent residential
neighborhoods.
B. Certain HDR properties are located in the Urban Renewal Overlay (see Figure 18 -15).
Existing zoning and development standards will remain in place. The overlay provides
additional alternate development standards that may be applied to development within the
Urban Renewal Overlay upon reauest of the property owner, and if the development meets
certain aualifving criteria. Urban Renewal Overlay district standards would implement the
Tukwila International Boulevard Revitalization Plan through more intensive development.
Section 8. Ordinances Amended. Ordinance Nos. 1865 §22, 1830 §10, 1758 §1 (part), as
codified at TMC Section 18.22.010, are hereby amended to read as follows:
18.22.010 Purpose
A. This district implements the Neighborhood Commercial Center Comprehensive Plan
designation. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to
additional restrictions. It is intended to provide for pedestrian- friendly areas characterized and
scaled to serve multiple residential areas, with a diverse mix of uses. Uses include residential
uses at second story or above when mixed with certain retail, service, office, recreational and
community facilities, generally along a transportation corridor.
B. Certain NCC properties are located in the Urban Renewal Overlay (see Figure 18 -15).
Existing zoning and development standards will remain in place. The overlay
additional alternate development standards that may be applied to development within the
Urban Renewal Overlay upon reauest of the property owner, and if the development meets
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certain qualifying criteria. Urban Renewal Overlay district standards would implement the
Tukwila International Boulevard Revitalization Plan through more intensive development.
Section 9. Chapter Added. A new chapter is added to TMC Title 18 to read as follows:
18.43 Urban Renewal Overlay District
18.43.010 Purpose
This chapter implements the Urban Renewal Overlay District, which applies the adopted
Tukwila International Boulevard Revitalization and Urban Renewal Plan. The intent is to
promote community redevelopment and revitalization. and to encourage investment that
supports well designed, compact, transit- oriented and pedestrian friendly residential and
business developments to activate the community along Tukwila International Boulevard.
Urban Renewal Overlay District Boundaries are shown in Fieure 18 -15. This overlay may be
applied in combination with the Commercial Redevelopment Areas procedures as described in
TMC Section 18.60.060.
18.43.020 Principally Permitted Uses
The Urban Renewal Overlay District is an overlay zone which allows the uses permitted in
the underlying zoning district, while being consistent with all additional requirements of this
chapter. In addition larger scale multi- family buildings are permitted in the LDR and MDR
districts within the Urban Renewal Overlay District.
18.43.030 Accessory Uses
The Urban Renewal Overlay District is an overlay zone which allows the accessory uses
permitted in the underlying zone district, while being consistent with all additional
requirements of this chapter.
18.43.040 Height, Yard and Area Regulations
All setbacks shall be as provided in the underlying zoning district, except as may otherwise
be specified in this chapter.
18.43.050 Parking Regulations
Parking shall be required as specified in Chapter 18.56, except as may otherwise be specified
by this chapter.
18.43.060 Application of Regulations
Property located within the Urban Renewal Overlay District is identified on the official
Zoning Map, as well as in TMC 18. Figure 18.15, and is subiect both to its zone classification
regulations and to additional reauirements imposed for the overlay district. In any case where
the provisions of the overlay district conflict with the provisions of the underlying zone, the
overlay district provisions shall apply.
18.43.070 Specific Urban Renewal Overlay Development Standards and Criteria
A. The Urban Renewal Overlay District's supplemental development standards are as
follows, provided certain criteria are met:
1. Building heights shall be permitted up to 65 feet;
2. Existing Neighborhood Commercial Center (NCO setback standards shall be
followed per TMC 18.22.080 as amended. (See Development Standards table below.);
3. Multi- family parking standards shall be one parking space per each dwelling unit
that contains up to one bedroom plus 0.5 spaces for every bedroom in excess of one bedroom in
a dwelling unit.
4. The maximum number of dwelling units shall be determined by the building
envelope, rather than a numeric density. The developer shall determine the unit mix with the
limitation that studio units contain an average size of at least 500 souare feet of interior floor
space with no units smaller than 450 souare feet and allow no more than 40% of the dwelling
units to be studios.
5. Allow live /work space on the ground floor to meet the NCC reauirement for ground
floor retail or office space if the live /work space is built to commercial building code standards
with a typical retail store front appearance.
6. Allow ground floor residential uses in the NCC zone in buildings or portions of
buildings that do not front on an arterial.
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B. The Urban Renewal Overlay District's development standards apply the
owner/ developer requests, and if all the following criteria are met:
1. At least 100 feet of the development parcel's perimeter fronts on Tukwila
International Boulevard.
2. At least 75% of reauired residential parking is provided in an enclosed structure
(garage or podium). The structure must be screened from view from public rights of way.
3. The ground floor along Tukwila International Boulevard must contain active uses
(except for the width of the garage access) when site conditions allow. Active uses comprise
uses such as retail, restaurant. office. live -work or other uses of a similar nature that encourage
pedestrian activity, and feature a combination of design and amenities to create a sense in
interest with features such as doors. windows. clear glass display windows, wide sidewalks,
etc.
4. Development must provide amenities such as some of the following to enable a high
quality pedestrian experience, including retail windows. pedestrian scale design along
sidewalks, wide sidewalks. pedestrian access through site. benches. art. landscaping and
lighting, aualitv of materials, street furniture.
5. The property owner /manager shall prepare a Transportation Management Plan to
encourage alternatives to automobile use. and that provides each residential and commercial
tenant with materials that may range from offering information about transit and bicycle
options to providing transit tickets and passes.
6. Residential development shall provide opportunities for tenants to use a car sharing
program and make one space available at no charge to a car sharing program (if available) for
every 50 to 200 residential units on site. An additional space shall be provided for developments
with over 200 units. All car share spaces are in addition to reauired residential parking. If car
sharing programs are not available when the building is constructed, an equivalent number of
guest parking spaces shall be provided. These shall be converted to dedicated car sharing
spaces when the program becomes available.
7. One secure, covered, ground -level bicycle parking space shall be provided for every
four residential units in a mixed -use or multi- family development.
18.43.080 Basic Development Standards
A. If reauested by the developer and if the specific reauirements and criteria of TMC
Section 18.43.070(Al and 18.43.070(Bl are met, development within the Urban Renewal Overlay
District shall conform to the following listed and referenced standards.
B. In the Tukwila International Boulevard corridor. there are circumstances under which
these basic standards may be waived (see TMC Section 18.60.030). Certain setback and
landscaping standards may be waived by the director of Community Development as a Type 2
decision when an applicant can demonstrate that shared parking is provided. If a project
reauires a Type 4 approval process, certain setbacks and landscaping may be waived by the
BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of
the site is increased, ioint use of parking facilities is allowed or pedestrian space is provided.
Landscaping and setback standards may not be waived on commercial property sides adjacent
to residential districts. See the Tukwila International Boulevard Design Manual for more
detailed directions.
Urban Renewal Overlay Basic Development Standards
Unit density The maximum number of dwelling units to be
determined by the building envelope as in the NCC
zone, rather than a numeric density.
Unit size and maximum The developer shall determine the unit mix with the
percentage for studio limitation that the studio units contain an average
dwelling s size of at least 500 square feet of interior floor space
with no units smaller than 450 square feet and allow
no more than 40% of the dwelling units to be studios.
Setbacks to vards. minimum (unless noted)
Front 6 feet (12 feet if located along Tukwila International
Boulevard South)
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Front if any vortion of the
yard is adjacent to. or across
the street front, LDR zoning
that is develoved with a
single- family dwelling and
that is outside of the Urban
Renewal Overlay District
Sides, if any vortion of the
yard is within 50 feet of
MDR, HDR
Rear, if any vortion of the
yard is adiacent to. or across
the street from. LDR zoning
that is develoved with a
single family dwelling and
that is outside of the Urban
Renewal Overlay District
Rear, ifanv vortion of the
yard is within 50 feet of
MDR. HDR
Sides
1st floor -10 ft. min /max
2nd floor -10 ft. to 30 ft.
3rd floor and higher —30 ft.
Note: Buildings over two floors must have at least
one tier. To achieve tiers. setbacks will be both
minimum and maximum
Second front, if any vortion 1st floor -10 feet
of the yard is within 50 feet of 2nd floor and above -20 feet
MDR. HDR
1 Second front 5 feet
Front Second font, if any 1st floor -10 ft. min /max
vortion of the yard is adjacent 2nd floor -10 ft. to 30 ft.
to, or across the street front, 3rd floor and higher -30 ft.
LDR zoning that is developed
with a single fancily dwelling
and that is outside of the
Urban Renewal Overlay
District
Second front, if any vortion 1st floor -10 feet
of the yard is within 50 feet of 2nd floor and above-20 feet
MDR, HDR
•Sides 10 feet
Sides, ifanv vortion of the 1st floor -10 ft. min /max
yard is adjacent to, or across 2nd floor -10 ft. to 30 ft.
the street front. LDR zoning 3rd floor and higher —30 ft.
that is develoved with a.
single family dwelling and
that is outside of the Urban
Renewal Overlay District
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Note: Buildings over two floors must have at least
one tier. To achieve tiers. setbacks will be both
minimum and maximum
Note: Buildings over two floors must have at least
one tier. To achieve tiers, setbacks will be both
minimum and maximum
1st floor -10 feet
2nd floor -20 feet
3rd floor and higher -20 feet
1st floor -10 feet min /max
2nd floor -10 to 30 feet
3r floor and higher -30 feet
Note: Buildings over two floors must have at least
one tier. To achieve tiers, setbacks will be both
minimum and maximum
1st floor -10 feet
2nd floor and above -20 feet
Height, maximum 65 feet (if all criteria are met)
Landscape requirements (minimum):
See Landscave requirements ofsvecific underlying zone. Also see Landscape. Recreation,
Recycling /Solid Waste Svace requirements chavter for fitrther requirements
Front(s) All building setback areas must be landscaped or
developed with pedestrian improvements per the
width of the setback. rather than the landscape
standards of the underlying zone.
Front if any vortion of the All building setback areas must be landscaped or
vard is adjacent to. or across developed with pedestrian improvements per the
the street front, LDR zoning width of the setback, rather than the landscape
that is develoved with a standards of the underlying zone.
single- family dwelling and
that is outside of the Urban
Renewal Overlay District
Front(s). ifanv portion of
the vard is within 50 feet of
MDR, HDR
All building setback areas shall be landscaped or
developed with pedestrian improvements per the
width of the setback, rather than the landscape
standards of the underlying zone.
1 None
Page 6 of 9
Sides. if ally vortion of the
yard is within 50 feet of LDR,
MDR, HDR
Rear
Rear, if any vortion of the
yard is within 50 feet of
MDR, HDR
Recreation svace
Recreation svace, senior
citizen housing
Off street varkine:
Residential excevt senior
citizen housing)
Other uses. including
senior citizen housing
10 feet
None
10 feet
See underlying zoning
See underlying zoning
One automobile narking space per each dwelling
unit that contains up to one bedroom plus 0.5 spaces
for every bedroom in excess of one bedroom in a
multi- family dwelling unit.
At least 75% of reauired residential parking is
provided in an enclosed structure (garage or
podium). The structure must be screened from view
from public rights of way.
One automobile space at no charge to a car sharing
program (if available) for every 50 to 200 residential
units on site. An additional space shall be provided
for developments with over 200 units. All car share
spaces are in addition to reauired residential parking_
If car sharing programs are not available when the
building is constructed, an equivalent number of
guest parking spaces shall be provided. These shall
be converted to dedicated car sharing spaces when
the program becomes available.
One secure. covered. ground -level bicycle narking
space shall be provided for every four residential
units in a mixed -use or multi- family development.
See TMC Chapter 18.56,
Off street Parking Loading Regulations
Performance Standards: Use. activity and operations within a structure or a site
shall comply with (11 standards adopted by the Puget Sound Air Pollution Control
Agency for odor, dust. smoke and other airborne pollutants, (2) TMC Chapter 8.22
"Noise" and (31 adopted State and Federal standards for water oualitv and
hazardous materials. In addition all development subiect to the requirements of
the State Environmental Policy Act. RCW 43.21C shall be evaluated to determine
whether adverse environmental impacts have been adeauatelv mitigated.
Section 11. Ordinances Amended. Ordinance Nos. 2118 §1, 2005 §17, 1865 950 and 1758 91
(part), as codified at TMC Section 18.60.030, are hereby amended to read as followed:
18.60.030 Scope of Authority
A. The rules and regulations of the Board of Architectural Review shall be the same as
those stated for the Planning Commission in the bylaws of the Tukwila Planning Commission.
B. The DCD Director will review projects meeting the thresholds for administrative design
review. The BAR will review all other projects requiring design review approval. The Board
and the DCD Director shall have the authority to approve, approve with conditions, or deny all
plans submitted based on a demonstration of compliance with all of the guidelines of this
chapter, as judged by the preponderance of evidence standard.
C. Design review is required for the following described land use actions:
1. All developments will be subject to design review with the following exceptions:
a. Developments exempted in the various districts,
b. Developments in LI, HI, MIC /L, MIC /H and TVS Districts, except when within
300 feet of residential districts or within 200 feet of the Green /Duwamish River or that require a
shoreline permit;
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2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost
of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10%
and 25 the changes will be reviewed administratively);
a. for sites whose gross building square footage exceeds 10,000 square feet in MUO,
0, RCC, NCC, RC, RCM, TUC and C /LI zoning districts; and
b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International
Boulevard corridor (see TMC Figure 18 -9).
3. Development applications using the procedures of 18.60.60, Commercial
Redevelopment Area.
4. Development applications using the procedures of 18.43, Urban Renewal Overlay
District.
D. For development in the NCC, RC, and MUO zones within the Tukwila International
Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards
may be waived and conditioned, upon approval of plans by the BAR, in accordance with
criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended.
Landscaping and setback standards may not be waived on commercial property sides adjacent
to residential districts.
E. No changes shall be made to approved designs without further BAR or Director
approval and consideration of the change in the context of the entire project; except that the
Director is authorized to approve minor, insignificant modifications which have no impact on
the project design.
Section 12. Ordinance Amended. Ordinance No. 1865 §53, as codified at TMC Section
18.60.060, is hereby amended to read as follows:
18.60.060 Commercial Redevelopment Areas Approval Procedures and Criteria
The intent of this section is to create a more uniform commercial district along the Tukwila
International Boulevard corridor that serves the space needs of mixed use or commercial
development that fronts on Tukwila International Boulevard, to allow and create developments
that are designed and built to better buffer the negative impacts of the commercial district on
the adjacent residential neighborhoods, to better integrate, where appropriate, the mixed use or
commercial developments with the adjacent residential neighborhoods. Development within
the five f- OUT identified commercial redevelopment areas that is not in accordance with the
underlying zone's uses and standards may be approved by the BAR if the development
complies with the following criteria.
1. Uses allowed. The permitted and accessory uses shall be those of the adjacent
commercial district to which the residentially zoned properties are being aggregated.
2. Standards. The basic development standards shall be those of the adjacent commercial
district to which the site is being aggregated and the standards for the uses that are being
proposed.
3. Approval procedure.
a. In a Commercial Redevelopment Area, the BAR must review and approve any
development per the Tukwila International Boulevard Design Manual and the intent and
criteria of this section.
b. The development must include at least one parcel that fronts on Tukwila
International Boulevard and any number of additional adjacent parcels within the commercial
redevelopment areas. (Exception: Commercial use of property in Site 2, in the block bounded by
42 Avenue South, South 144th Street Tukwila International Boulevard and South 142nd Street,
must aggregate with the property on the north side South 142nd Street.)
c. The following criteria from the Tukwila International Boulevard "Design Manual are
augmented to include the following intent:
(1) to create streetscapes that are similar in setback, landscape and building heights
where development occurs across from single family residential:
(2) to create architecture that is compatible with desired residential character and
scale where development occurs adjacent to residential, the following elements must be
addressed:
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(al Site Design with special attention to continuity of sites with adiacent sites and
siting and screening of service yards: and
Christy O'Flaherty, CMC
Office of the City Attorney
(b) Building Design with special attention to architectural relationships; and
(c) Landscape Design
Section 13. Figure Amended. TMC Title 18, Figure 18 -7 "Required Number of Parking
Spaces for Automobiles and Bicycles," is hereby amended as per Exhibit C, attached hereto and
by this reference incorporated herein.
Section 14. Figure Amended. TMC Title 18, Figure 18 -9 "Commercial Redevelopment
Areas," is hereby amended as per Exhibit D, attached hereto and by this reference incorporated
herein.
Section 15. Figure Created. TMC Title 18, Figure 18 -15 "Urban Renewal Overlay District," is
hereby amended as per Exhibit E, attached hereto and by this reference incorporated herein.
Section 16. 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 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 and effect 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 2009.
ATTEST/ AUTHENTICATED:
APPROVED AS TO FORM BY:
Attachments: Exhibit A Findings and Conclusions
Exhibit B Zoning Map
Exhibit C Figure 18 -7
Exhibit D Figure 18 -9
Exhibit E Figure 18 -15
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 9 of 9
Development Standards
The applicant has proposed the following supplemental development standards for the
Urban Renewal Overlay District:
(1) Allow building heights up to 65 feet in the Urban Renewal Overlay District. The
existing Neighborhood Commercial Center (NCC) setback standards shall be
followed per TMC 18.22.080
(2) Allow multi family parking standards to be one parking space per each dwelling
unit that contains up to one bedroom plus 0.5 spaces for every bedroom in excess
of one bedroom in a dwelling unit.
(3)
Exhibit A
FILE #L07 -096 ZONING MAP AMENDMENT/REZONE
FINDINGS AND CONCLUSIONS
Allow the maximum number of dwelling units to be detelniined by the building
envelope as in the NCC zone, rather than a numeric density. Allow the developer
to determine the unit mix with the limitation that units contain at least 500 square
feet of interior floor space and allow no more than 50% of the dwelling units to be
studios.
(4) Allow live /work space on the ground floor to meet the NCC requirement for
ground floor retail or office space if the live /work space is built to commercial
building code standards with a typical retail store front appearance.
(5) Allow ground floor residential uses in the NCC zone in buildings or portions of
buildings that do not front on an arterial.
Oualification Criteria
The Urban Renewal Overlay District's proposed development standards would apply if
the owner /developer requests, and if all the following criteria are met:
(1) At least 100 feet of the development parcel's perimeter fronts on Tukwila
International Boulevard
(2) At least 75% of required parking is provided in an enclosed structure (garage or
podium). The structure must be screened from view from public rights of way.
(3) The ground floor along Tukwila International Boulevard must contain active uses
except for the width of the garage access.
(4) Residential and commercial tenant leases must prohibit parking on neighborhood
streets.
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(5) Residential development must encourage tenants to use a car sharing program and
make one space available at no charge to a car sharing program (if available) for
every 50 spaces on site.
(6) Development must provide amenities to enable a high quality pedestrian
experience (retail windows, pedestrian scale design along sidewalks, wide
sidewalks, pedestrian access through site, benches, art, landscaping and lighting,
quality of materials, etc.)
DISCUSSION:
The supplemental development regulations and criteria that accompany the Urban
Renewal Overlay District are intended to encourage a lively, compact, pedestrian- friendly
core, and ensure that the impacts of the desired development do not negatively impact the
neighborhood. The important aspects of the existing Neighborhood Commercial Center
zoning such as setbacks were retained, while additional criteria designed to both limit
negative impacts to the neighborhood and enhance positive elements were added.
Specific comments on the proposed supplemental development standards and criteria
follow:
1) "Allow building heights up to 65 feet in the Urban Renewal Overlay District.
The existing Neighborhood Commercial Center (NCC) setback standards shall be
followed per TMC 18.22.080."
Current NCC and HDR zoning pet nit a maximum height of 45'. Each developer who
competed for the Tukwila Village project expressed the importance of having the ability
to build to a maximum of 65'. This would allow construction up to four or five stories of
residential over one story of commercial use. Allowing additional building height subject
to specific criteria will help defray the costs of the desired structured parking and make
the new development workable financially.
As with the current standards outlined in the TMC Chapter 18 and detailed in the
"Tukwila International Boulevard Design Manual," buildings could be built up to the
edge of the property on Tukwila International Boulevard provided at least 12' sidewalk
and appropriate landscaping and amenities were provided. Depending on the width and
position of the right of way, the sidewalk might be wider than 12'.
Rear and side setbacks would be to the existing NCC standards. In the case of the rear
setback, a 20' maximum setback adjacent to adjacent residential zones could be added to
the existing requirement for a 30' setback on the neighboring residential property for a
maximum 50' separation between buildings. The existing NCC, MDR and HDR
standards buffer residential uses through setbacks and /or requirements for tiered
buildings.
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The applicant has provided additional info' niation summarizing Tukwila's existing
height and setback standards as pertains to the NCC, LDR, MDR and HDR zones located
in or adjacent to the proposed Urban Renewal Overlay District, as well as examples
illustrating setbacks under the "most intensive" development scenarios. (Attachment F).
Examples of "tiered" development is provided in the Tukwila International Boulevard
Design Manual, and Tukwila International Boulevard Plan. (Attachment G)
Protecting single family residential areas from the impacts of new, taller buildings is also
addressed. In addition to the separation provided by the required NCC setbacks, single
family residential is located either across a street from the Urban Renewal Overlay
District (i.e. 37 Avenue S., or S. 140 or adjacent to a wetland or buffer in an area that
is very unlikely to redevelop (i.e. between S. 144 and S. 146 just east of 42 Avenue
S.) Per Qualification Criterion #2 below, at least 100' of the development's perimeter
must front on Tukwila International Boulevard. This ensures that development will be
oriented toward TIB, and away from existing residential uses.
2) "Allow multi-family parking standards to be one parking space per each dwelling
unit that contains up to one bedroom plus 0.5 spaces for every bedroom in excess
of one bedroom in a dwelling unit."
Current parking standards require two off street parking spaces for each single and multi-
family dwelling unit which contains up to three bedrooms, and one additional off street
parking space for every two bedrooms in excess of three bedrooms in a dwelling unit.
(TMC 18.56.065 A). Each developer who expressed interest in the Tukwila Village
project indicated the importance reducing parking requirements. Tukwila's current
multi family parking standards are problematic for some multi family residential
development because the costs of providing the number of required parking spaces per
unit makes the economics of redevelopment and new development very difficult.
The characteristics of the proposed Urban Renewal Overlay District, including transit
service and the availability of shopping and services within walking distance, enable a
reduced dependence on automobiles. Reduced parking requirements are consistent with
more compact, transit oriented development pattern that is desired for the area. Reduced
parking requirements are consistent with a transition to greater urban density as mixed
use development suggests.
Allowing the building envelope to set the maximum number of units may result in a
different mix of unit types, including additional smaller units, such as studios. Many
people who live in studios that are in pedestrian and transit friendly neighborhoods only
have one car. The current multi family and mixed -use development regulations that set
maximum building height and minimum parking requirements assume significant
reliance on automobiles. These development standards are less applicable for
neighborhoods, such as the proposed Urban Renewal Overlay District, with transit
availability, shopping opportunities for daily needs and a park, library, schools,
restaurants and other amenities within walking distance. As the neighborhood continues
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to improve in its appearance and amenities, it will become more desirable for compact
development and transit oriented living.
Although Tukwila applies the same parking standards to both single family and multi-
family development, it is not uncommon for jurisdictions to set multi family parking
requirements below the typical single family standard of 2+ parking spaces per unit. A
number of communities use a sliding scale standard for multi family with a lesser
requirement for studio and one bedroom apartments and increasing for additional
numbers of bedrooms. A newer trend is to allow reduced parking standards depending
on alternative transportation choices available in the area. As a result, there is no one
"perfect" standard for multi- family, and adjustments for different situations are
appropriate.
Tukwila's Current residential parking standards require one bicycle parking space per 10
parking stalls with a minimum of 2 spaces. All other non residential uses require 1 space
per 50 stalls with a minimum of 2 spaces. Given the Urban Renewal Overlay District's
proximity to services, light rail, transit and trails, as well as the request for reduced
automobile parking spaces, it is anticipated that bicycle ridership will increase, both for
residents and shoppers.
To accommodate additional bicycles, staff recommends adding the following criterion:
"One secure, covered, ground -level bicycle parking space shall be provided for every
three residential units in a mixed -use or multi-family development. For commercial
development, one bicycle parking space shall be provided for every 25 auto parking
stalls, with a minimum of two spaces..
3) "Allow the maximum number of dwelling units to be determined by the building
envelope as in the NCC zone, rather than a numeric density. Allow the developer
to determine the unit mix with the limitation that units contain at least 500 square
feet of interior floor space and allow no more than 50% of the dwelling units to be
studios."
NCC specifies senior housing at 60 units /acre, but otherwise does not set a specific
limit on the number of residential dwelling units. MDR has a maximum density of
14.5 units /acre, and HDR's limit is 22 units /acre. Under the proposal, density would
increase depending on the building size, site configuration and setback. Setting a
500' minimum square footage per unit and limiting the percentage of studios allowed
is appropriate to the Tukwila community that desires additional density, but is still
suburban in nature.
4) "Allow live /work space on the ground floor to meet the NCC requirement for
ground floor retail or office space if the live /work space is built to commercial
building code standards with a typical retail store front appearance."
NCC does not currently allow ground floor residential, and requires that all
residential be above commercial. Allowing ground floor live /work space expands
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the options available for housing, especially as an interim use, but also keeps the
flexibility to return to commercial use when the market dictates.
5) "Allow ground floor residential uses in the NCC zone in buildings or portions of
buildings that do not front on an arterial."
NCC does not currently allow ground floor residential, and requires that all
residential be above commercial. Allowing ground floor residential further expands
the options available for housing on the smaller streets where commercial spaces
may not be viable, but maintains the liveliness of mixed use on the arterials including
TIB, South 144 and 42 Avenue S.
Oualification Criteria
The qualification criteria are intended to ensure that development design and function
addresses community interests. The Urban Renewal Overlay District's proposed
development standards would apply if the owner /developer requests, and if all the
following criteria are met:
(1) "At least 100 feet of the development's perimeter fronts on Tukwila International
Boulevard."
This is intended to focus development on Tukwila International Boulevard where
it is most appropriate, and away from the smaller streets.
(2) "At least 75% of required parking is provided in an enclosed structure (garage or
podium). The structure must be screened from view from public rights of way.
The requirement for enclosed parking encourages a pedestrian friendly environment.
Increased density should not result in large amounts of surface parking but it is also
important to be responsive to the significant costs of providing structured parking.
Cooperative parking may be considered if appropriate (TMC 18.56.070).
(3) "The ground floor along Tukwila International Boulevard must be active uses
except for the width of the garage access."
A range of active uses is highly desired add liveliness to the neighborhood, and
encourage pedestrian activity. This requirement will encourage creative site design,
but may present challenges for on small or irregularly- shaped parcels. Staff
recommends the following revision to provide some flexibility as needed to
accommodate specific sites:
"The ground floor along Tukwila International Boulevard must contain active
uses except for the width of the garage access when site conditions allow"
(4) "Residential and commercial tenant leases must prohibit parking on
neighborhood streets."
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A check with the Municipal Research and Services Center indicated that this
provision is not practical, and is probably not legal. In the future, establishing a
Restricted Parking Zone (RPZ) may be another means to limit on- street parking, with
financial support from the building owner, and implemented by the Tukwila Police.
At present, staff recommends deleting the criterion as proposed above, and
substituting a requirement for the owner /manager to prepare a Transportation
Management Plan to encourage alternative to automobile use, including such items as
information about transit and bicycle options, schedules, and /or providing bus tickets
and /or bus passes. The Transportation Management Plan is can be utilized as a
means to limit the impacts of parking.
Staff recommends adding the following criterion:
The building owner /manager shall prepare a Transportation Management Plan to
encourage alternatives to automobile use, and provides each residential and
commercial tenant with materials that may range from offering information about
transit and bicycle options to providing bus tickets and passes.
(5) "Residential development must encourage tenants to use a car sharing program
and make one space available at no charge to a car sharing program (if
available) for every 50 spaces on site."
Car sharing allows tenants to utilize automobiles without requiring individual car
ownership or dedicated parking. In exchange for the reduced costs of providing
fewer spaces, developers can encourage the use of shared transportation by providing
a limited number of dedicated spaces.
(6) "Development must provide amenities such as the following to enable a high
quality pedestrian experience: retail windows; pedestrian scale design along
sidewalks; wide sidewalks; pedestrian access through site; benches; art;
landscaping and lighting, etc."
These are examples of amenities that shall be provided to make the mixed use and
commercial environment both functional and attractive. These amenities are
discussed more fully in the "Tukwila International Boulevard Design Manual."
REZONE CRITERIA:
1. The proposed amendment to the zoning map is consistent with the
goals, objectives and policies of the Comprehensive Plan
The proposed zoning code and map amendment is consistent with the Comprehensive
Plan. As discussed more fully in L08- 081 Comprehensive Plan Amendment above,
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Tukwila's Comprehensive Plan considers "To redevelop and reinvigorate the Pacific
Highway Corridor" the #2 priority of the four major objectives for the city. A zoning
amendment that establishes an Urban Renewal Overlay District and supplemental
development regulations and criteria is a needed redevelopment tool to implement this
primary objective and accompanying policies.
2. The proposed amendment to the Zoning Map is consistent with the scope and
purpose of this title and the description and purpose of the zone classification
applied for.
The proposed Urban Renewal Overlay District would retain and be consistent with the
existing Medium Density Residential (MDR) High Density Residential (HDR), and
Neighborhood Commercial Center (NCC) zoning of the seven -block area. The proposed
amendment would create an Urban Renewal Overlay District that would supplement the
current underlying zoning through new development standards that would apply only if
specific conditions and criteria were met. Important supplemental standards include
65'maximum building height with existing NCC setbacks, reduced parking requirements,
and maximum residential density determined by building envelope for MDR and HDR.
3. There are changed conditions since the previous zoning became effective to
warrant the proposed amendment to the Zoning Map
Changed conditions in the vicinity of the proposed Urban Renewal Overlay District
support future redevelopment and warrant the proposed amendment to the Zoning Map
and development standards. These include:
(a) An Urban Renewal Area was established in 2000 per RCW 31.81;
(b) Cascade View Community Park was developed;
(c) Infrastructure upgrades and urban roadway improvements have been completed
from S. 154 to S. 139th
(d) City of Tukwila purchased approximately six acres along Tukwila International
Boulevard and is negotiating with a developer for the creation of a mixed use
town center called Tukwila Village at the intersection of S. 144 and Tukwila
International Boulevard. All of the developers who competed for this project
stressed the importance of being able to build to 65' and meet lower parking
requirements in order to ensure the economic viability for the project;
(e) Light rail station opened at S. 154 with service to downtown Seattle, SeaTac
Airport (July, 2009). Additional bus service is proposed to the light rail station;
(f) There is increased interest nationally for employees and residents to work and
live in pedestrian friendly, transit oriented neighborhoods.
4. The proposed amendment to the Zoning Map will be in the interest of
furtherance of the public health, safety, comfort, convenience and general
welfare, and will not adversely affect the surrounding neighborhoods, nor be
injurious to other properties in the vicinity in which the subject property is
located
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The proposed Urban Renewal Overlay District and development standards will encourage
new development and revitalization of underutilized properties to improve the
appearance, safety, and desirability of the neighborhood along Tukwila International
Boulevard as discussed in the Tukwila International Boulevard Plan— Revitalization and
Urban Renewal. This redevelopment will benefit all properties in the vicinity. The
Urban Renewal District proposed development standards would apply if the developer
requests and if additional development criteria are met. The development criteria provide
protection for the neighborhoods, and ensure high quality development.
The neighboring uses, including those in residential zones, would be protected from the
impacts of new taller development through the existing Neighborhood Commercial
Center setback standards. Impacts to surrounding neighborhoods further limited since
new development is oriented primarily toward Tukwila International Boulevard through
1) requiring that at least 100' of the development parcel's perimeter front on Tukwila
International Boulevard (TIB), and 2) have active uses on the ground floor along TIB.
Single family zones further protected since they are separated from new development
either by a street or by location adjacent to a wetland.
Live /work space would be permitted on the ground floor, but only if it were built to
commercial standards. This would ensure the desired appearance of commercial in the
NCC zone, and would penult the conversion to exclusive commercial use as needed. In
addition, ground floor residential would be peinritted in the NCC zone within the Urban
Renewal Overlay District, but only on buildings or portions of buildings that did not front
on an arterial such as TIB, S. 144 or 42 Avenue South.
The additional criteria encourage a good pedestrian environment by requiring high
quality pedestrian design features in elements such as wide sidewalks, pedestrian access
through the site, benches, art, landscaping and lighting.
As a means to limit the impacts to the neighborhood of possible on- street parking, the
original application required that "Residential and commercial tenant leases must prohibit
parking on neighborhood streets." Subsequent research determined that this was most
likely not legal, so staff is recommending that building owners /managers be required to
prepare Transportation Demand Management plans that offer items such as information
about transit, bus tickets, transit passes, etc. Establishing a Restricted Parking Zone with
specific parking requirements may be another strategy to consider. The budgetary
impacts of enforcement could be limited by requiring the building owners to pay for
parking enforcement.
Site development applications for SEPA and Design Review would address specific
impacts such as traffic, parking, impacts on abutting property and other issues.
Environmental review, design review with a Board of Architectural Review hearing and
public involvement would provide Tukwila a clear mechanism to evaluate any future
proposed development, and to mitigate potential negative impacts to the adjacent
properties and the community.
W: \Word Processing \Ordinances \Title 18 Urban Renewal Overlay Exhibit A.doc 8
ZONING MAP AMENDMENT CONCLUSIONS
1) Consistency with Comprehensive Plan:
Establishing an Urban Renewal Overlay District, and a zoning map change
accompanied by supplemental development standards and criteria is consistent
with the Comprehensive Plan policies that support redevelopment along the
Tukwila International Boulevard.
"To develop and reinvigorate the Pacific Highway Corridor" is the
Comprehensive Plan's #2 overall objective.
2) Consistency with Zone:
The proposed Urban Renewal Overlay District and supplemental development
regulations are consistent with the underlying zoning and the precedent set by the
Commercial Redevelopment Area designation.
3) Chanced conditions:
Changed conditions such as the establishment of an Urban Renewal Area in
2000, infrastructure upgrades, urban roadway improvements, the City of
Tukwila's purchase of six acres of property, and the opening of a light rail
station justify the request for establishing an Urban Renewal Overlay District,
supplemental development standards and criteria.
There is increased interest nationally for employees and residents to work and
live in pedestrian friendly, transit oriented neighborhoods.
4) Community interest:
Supplemental development standards benefit the community by encouraging
new development, while protecting adjacent properties, and existing
residential uses.
W: \Word Processing \Ordinances \Title 18 Urban Renewal Overlay Exhibit A.doc 9
11 11 11 11 1 11 1 1• I
S148St
Commercial Redevelopment Areas
Urban Renewal Overlay District
1
rain n i i
Tukwila International Boulevard
Urban Renewal Overlay District
Exhibit B
EXHIBIT C
Figure 18 -7 Required Number of Parking Spaces for Automobiles and Bicycles
Use
Single- family and
multi- family
dwellings
Multi- family and
Mixed -Use
residential (in the
Urban Renewal
Overlay (URO)
Senior Citizen
Housing
Religious facilities,
mortuaries and
funeral
homes
Colleges,
Universities,
Vocational Schools
and other post-
secondary
educational
institutions
Automobile Standard
2 for each dwelling unit that contains up to 3
bedrooms. 1 additional space for every 2
bedrooms in excess of 3 bedrooms in a
dwelling unit. Additional parking may be
required for home occupations and
accessory dwelling units as otherwise
proved by this title.
One for each dwelling unit that contains up
to one bedroom. 0.5 additional spaces for
every bedroom in excess of one bedroom in a
multi- family dwelling unit.
At least 75% of reauired residential parking
is provided in an enclosed structure (garage
or podium). The structure must be screened
from view from public rights of way.
One automobile space at no charge to a car
sharing program (if available) for every 50 to
200 residential units on site. An additional
space shall be provided for developments
with over 200 residential units. All car share
spaces are in addition to reouired residential
parking. If car sharing programs are not
available when the building is constructed, an
equivalent number of guest parking spaces
shall be provided. These shall be converted
to dedicated car sharing spaces when the
program becomes available.
For 15 units or less, 1 space per dwelling
unit. For dwellings with more than 15
units, a minimum of 15 spaces are required,
plus 1 space per 2 dwelling units.
1 for each 4 fixed seats
Shall be determined by Planning
Commission, based on an evaluation of
information concerning traffic generated by
proposed use.
W: \Word Processing\ Ordinances\ Title 18 Urban Renewal Overlay Exhibit C.doc
Bicycle Standard
For multi-family, 1
space per 10 parking
stalls, with a minimum
of 2 spaces. No
requirement for single
family.
One secure, covered,
around -level bicycle
parking space shall be
provided for every four
residential units in a
mixed -use or multi-
family development.
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1
Convalescent/
nursing/ rest homes
Food stores and
markets
High schools
Hospitals
Hotels, motels and
extended stay
Manufacturing
Office, commercial
and professional
buildings, banks,
dental and medical
clinics
Outdoor sports areas
Places of public
assembly, including
auditoriums,
exhibition halls,
community clubs,
community centers,
and private clubs
Post offices
Public facilities,
including libraries,
police and fire
stations
1 for every 4 beds with a minimum of 10
stalls
1 for each 300 square feet of usable floor area
1 for each staff member plus 2 for every 5
students or visitors
1 for each bed
1 for each room, plus one employee space for
each 20 rooms, rounded to the
next highest figure
1 for each 1,000 square feet of usable floor
area
3.0 for each 1,000 square feet of usable floor
area
Shall be determined by Planning
Commission
The Director shall determine the number of
required parking spaces, with a minimum of
1 space for every 100 square -feet of assembly
area. To ensure parking adequacy for each
proposal, the Director may consider the
following:
a. A parking study or documentation paid
for by the applicant and administered by the
City regarding the actual parking demand
for the proposed use, or
b. Evidence in available planning and
technical studies relating to the proposed
use.
3 for each 1,000 square feet of usable floor
area
Shall be determined by the Planning
Commission
W: \Word Processing \Ordinances \Title 18 Urban Renewal Overlay Exhibit C.doc
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
2
Restaurant 1 for each 100 square feet of usable floor area
Restaurant, Fast
food
Retail Sales, Bulk
Retail sales, General
Schools, Elementary
Junior High
Shopping center (mall), planned, per usable floor area size, as listed b
500,000 sq. ft. or 5 for every 1,000 sq. ft.
larger
25,000 499,999 sq. 4 for every 1,000 sq. ft.
ft.
Taverns
Theaters
Warehousing
1 for each 50 square feet of usable floor area.
Fifty percent of any outdoor
seating area will be added to the usable floor
area for parking requirement
calculations.
2.5 for each 1,000 square feet of usable floor
area
4 for each 1,000 square feet of usable floor
area if located within the TUC or
TVS zoning districts; 2.5 for each 1,000
square feet of usable floor area if located in
any other zoning district.
1.5 for each staff member
1 for every 4 persons based on occupancy
load.
1 for every 4 fixed seats. If seats are not fixed,
1 per 3 seats, with
concurrence of Fire Chief, consistent with
maximum allowed occupancy
1 for every 2,000 square feet of usable floor
area
W: \Word Processing\ Ordinances\ Title 18 Urban Renewal Overlay Exhibit C.doc
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per classroom
elow
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
1 space per 100 seats,
with a
minimum of 2 spaces.
1 space per 50 parking
stalls, with a minimum
of 2 spaces.
3
To
111111111111111e.
111 1 11I N
ail:2199e
c'EENEING
154 ST
5
'fil
M
1
81MI
II/
IF
-11111
Min
1
1
aff
111111111=
MEL
imam
i• 4
ma.
1"11. OI
I
111 1
MI
1111
533 ST
180'
210'
S 1355
128'
S 140 ST
235
tO
400'
5 128 ST
A
8144 ST
5 146 Sr
5 158
148 Sr
5 150 ST]'
1 I
S160 ST
Zoning Designations
LDR-Low Density Residential
MDR-Medium Density Residential
HDR-High Density Residential
0-Office
MUO-Mixed Use Office
NCC-Neighborhood Commercial Center
RC-Regional Commercial
C/LI-Commercial/Light Industrial
Tukwila City Limits
Commercial Redevelopment Areas
Dimensions are approximate
A
158 STIT
I
11111
'5
104
312
[r.*1
126105'
*If used for commercial
purposes must be assembled
139 ST with lot to north
140 ST
ST
146 Sr
148 ST
96'
in
v
160'
:tn
iv
195'
No Scale
10/98
206'
0 1. co
0.1
i r•
187'
At least 100 of the
development parcels
perimeter must front on
Tukwila International Blvd
Attachment D
Commercial
Redevelopment
Areas in the
Tukwila
International
Boulevard
Corridor
Figure 18-9
i 1 1 i i 7
1 i 1
11 L
1
1 1 1 1
1 l 14O St, L 1
F
nrrE
LiL'J
r S14 St
—11
I
70
Commercial Redevelopment Areas
Urban Renewal Overlay District
itiFt't]
1
E
S 144 S
Tukwila International Blvd
Urban Renewal Overlay District
Figure 18-15
Attachment E
COUNCIL AGENDA SYNOPSIS
4 s ILA
I tit«rl ITEM No.
e.J .2
O y rbleeting Date Prepared by I Nla }air :e review Couucr /reatei
I 10/12/09 BM 1 A CYY��`
�2 10/19/09 BM 11/ 190:
ITEM INFORMATION
CAS Number 09-142 (ORIG \],AGIiND.\ D, \"1'I:: OCTOBER 12, 2009
\G I:NI) I rr.\I Trrl,1? A resolution supporting the City of Seattle's bid to be a host City for the 2018 or
2022 Soccer World Cup
C I'1 {C;OR1 Discus ion Motion Resolution I Ordinance Bid_ lward Public Hearing ri Other
A ltg Date 10/12/09 Alts Date Altg Date 10/19/09 Altg Date Alt; Date Altg Date Altg Date
S1( )NS( )R Cor 1 1 Mayor 1 _,4617n Svcs DCD n Finance ri Fire I Legal P &R n Police PIV
SP( )NSOR'S The City of Seattle has asked the Tukwila City Council to support its bid to be a host City
St'`Inl.\Ry for the either the 2018 or 2022 Soccer World Cup.
Rr:\"II':VK I•:I) FY n COW Mtg. CA &P Cmte 1 1 F &S Cmte Transportation Cmte
1 Utilities Cmte 1 Arts Comm. 1 1 Parks Comm. Planning Comm.
DATE: CAP Cancelled: Committee Chair permitted item to bypass CAP
RECOMMENDATIONS:
SPC)NS()R /AI)NIIN. Mayor's Office
C c) n f ti1IT1 EE
COST IMPACT FUND SOURCE
E \PI :N[)I I'URI RUQUIRI n AMOUNT B UDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source:
Connnn err ts:
j MTG. DATE RECORD OF COUNCIL ACTION
10/12/09
MTG. DATE ATTACHMENTS
10/12/09 1 Informational memorandum dated 9/22/09
Draft Resolution
TO:
ISSUE
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks
FROM: Derek Speck, Economic Development Administrator
DATE: September 22, 2009
SUBJECT: Supporting the City of Seattle's Bid to be a host site for the 2018/2022
Soccer World Cup
Jim Haggerton, Mayor
Should the City Council adopt a resolution supporting the City of Seattle's bid to be a host City
for the 2018/2022 Federation Internationale de Football (Soccer) Association (hereafter FIFA)
World Cup?
BACKGROUND
The FIFA World Cup is the premier soccer tournament in the world and is the second largest
international sporting competition, after the Olympics. The World Cup is played every four years
and draws national teams from all over the globe. Unlike the Olympics, a city does not host the
World Cup; instead an entire nation hosts the event. Next summer, South Africa will host the
2010 World Cup. The United States last hosted the World Cup in 1994.
Within each host nation, venues are selected to play the matches between national teams. In
1994, when the US last hosted the World Cup, the cities of Los Angeles, Detroit, San Francisco,
New York, Chicago, Orlando, Washington DC, Boston, and Dallas were host cities. The 1994
World Cup drew nearly 3.6 million' visitors and individual games averaged 69,000 attendees.
Since soccer (internationally called known as football) is the most popular sport in the world,
attendees to the games came from across the globe to support their national team.
The City of Seattle has approached the City of Tukwila asking if we would support their bid to be
a host City for the 2018/2022 World Cup. Starfire Sports complex has been identified as one of
the training facilities for the national teams if Seattle is selected as a host City. Additionally, a
local hotel would serve as a base camp for the national teams training at Starfire. All games
would be held at Qwest Field in Seattle.
The City of Seattle has also identified Tukwila hotels as likely being used by fans that would
come to view the games. The duration of the event is likely one month; however the specific
duration for individual cities depends on the number of games played. If Seattle is selected it
would host all first round games for a particular group of teams and would likely host second
round games. The first round games are spaced out over about a ten day time period.
Typically, these fans take advantage of other tourist options in between games. As the
tournament progresses, Seattle could host quarterfinal games, semi -final games, or the final
match.
The attendees were divided between the various host cities.
INFORMATIONAL MEMO
Page 2
DISCUSSION
If Seattle is selected as a host city, the City of Tukwila would likely be directly impacted. Like
with any major sporting event there can be positive and negative impacts.
Positive impacts include:
International prominence for Starfire, a Tukwila business in which the City owns the land.
During the event international press would likely be at the training facility reporting on the
national teams training at the complex.
Local kids could have access to meet some of the greatest soccer players in the world.
The City's hotels and motels would likely be used by fans generating revenue for the City
via the lodge tax.
Economic impact by fans going to Tukwila restaurants and shops.
Provides a good opportunity for intergovernmental cooperation between the Cities of
Tukwila and Seattle.
The City could be showcased to the large number of fans who would visit the City.
Negative impacts would include:
Traffic congestion along adjacent highways as people go to and from games at Qwest.
The traffic volume would likely be similar to a Seahawks Game.
The City's two rail stations could see a significant amount of usage by fans attending the
games which could displace daily riders.
Adoption of the resolution will not commit the City to financially supporting Seattle's bid. The
event organizers have not asked the City to contribute any funds.
RECOMMENDATION
Staff is asking the Council to consider the attached resolution, supporting Seattle's bid to be a
host City for the 2018/2022 Federation Internationale de Football Association (FIFA) World Cup
at the October 12, 2009 Committee of the Whole meeting and subsequent October 19, 2009
Regular Meeting.
ATTACHMENTS
Draft Resolution
W InfoMemos \SoccerCup2009.doc
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, SUPPORTING THE CITY OF SEATTLE'S PROPOSAL TO
HOST THE 2018 OR 2022 FEDERATION INTERNATIONALE DE
FOOTBALL ASSOCIATION (FIFA) WORLD CUPTM.
WHEREAS, the City of Seattle is one of 27 cities in the United States being
considered by the USA Bid Committee, Inc. to host the 2018 or 2022 Federation
Internationale de Football Association (FIFA) World CupTM; and
WHEREAS, Seattle has attracted large, enthusiastic crowds for professional
matches since 1976 when the Seattle Sounders broke Major League Soccer attendance
records and merchandise sales in their first season; and
WHEREAS, the City of Tukwila is proud to be the training home for the Seattle
Sounders FC at Starfire Soccer Complex, which is one of the premier soccer training
facilities in the country, and Starfire has been identified as a training site for national
teams should Seattle be selected as a host city; and
WHEREAS, more than 125,000 young people actively compete in soccer matches
around Washington State and the FIFA World CupTM will provide the region with a
unique opportunity to inspire new generations of soccer enthusiasts, while promoting
the region's commitment to recreation and sport; and
WHEREAS, the City of Tukwila is one of the most diverse communities in the
nation, with immigrants from countries and regions that strongly support soccer; and
WHEREAS, the United States received an estimated $4 billion in economic benefits
from hosting the 1994 FIFA World Cup and should Seattle be selected as a host city,
soccer fans would bring significant additional revenue to Seattle and Tukwila hotels,
restaurants and shops; and
WHEREAS, Tukwila's Mayor and City Council desire to work with Seattle on
events and issues that directly impact Tukwila, and the region, and share a common
goal of promoting the region's economic stature, diversity, and economic vitality, which
will be enhanced if Seattle is selected as a host city for the 2018 or 2022 FIFA World
CupTM; and
WHEREAS, the Seattle Host Committee will bring local leaders from government,
international corporations, global marketing campaigns, community development
associations, the hospitality industry, and professional sports franchises together to
ensure Seattle maximizes the economic, cultural, and social benefits of being a FIFA
World CupTM host city, while promoting FIFA's goals of corporate and social
responsibility and environmental awareness; and
WHEREAS, FIFA will determine final host countries for 2018 and 2022 by
December 2010 and, along with the USA Bid Committee, will determine final host cities
five years prior to the event;
W: \Word Processing \Resolutions\ World Cup.doc
ksn 10/07/2009
Page 1 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The City of Tukwila proudly supports the City of Seattle's bid to be a host city for
the 2018 or 2022 FIFA Word CupTM and Seattle's continuing effort to market the region
and the United States as an attractive host for an international soccer tournament.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W:\ Word Processing \Resolutions\ World Cup.doc
ksn 10/07/2009
Joan Hernandez, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 2 of 2
COUNCIL AGENDA SYNOPSIS
4 ILA' {y
AJ �4� Initials ITEM No.
0 t' ildeetino Date Prepared G Ma revien
i. I I p v 1 y I Connell re,
j y 10/12/09 I LV L 1
a I 10/19/09 I LV
I I I I I
ITEM INFORMATION
CAS Number 09-143 ORIGINAL AGI D, \"I'I;: OCTOBER 12, 2009
,AG IAO ITI ;.\I1111 11 Approve a Resolution commencing the Interlocal Annexation Method (RCW
35A.14.460) for the Orillia Area Annexation (residual area) in the City's South
Potential Annexation Area (PAA) between Orillia Road and I -5
l'1(G( )It" Discussion Motion Resolution 7 Ordinance l Bid Amara Public Hearing n Other
9It; Date 10/12/09 A -Itg Date 10/12/09 111tg Date 10/19/09 Alt; Date 11Itg Date Alt, Date Alt; Date
SPONSOR 1 Cotrnetl IVlayor I 1 .4c/in Svcs U DCD Finance n Fire n Legal P &K Police PIV
SP( NSOIi'S King County wants urban areas annexed into cities in order to save money and has asked
St'`I,`I \R1. the City to renew it's commitment to annexing the rest of the PAA, as the City did in
Resolution 1561. The Boundary Review Board will hold a public hearing on October 20 on
the Tukwila South Annexation. Board staff has indicated its members are interested in the
City's continued commitment to initiate annexation of the remainder of the PAA. Adoption
of the proposed Resolution will offer both groups this assurance.
RI II(\\-'I Hy I COW Mtg. CA &P Cmte F &S Cmte I Transportation Cmte
n Utilities Cmte n Arts Comm. n Parks Comm. Planning Comm.
DATE: Tukwila South: COW and no committee review
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COM\li"1"1'i 1
COST IMPACT FUND SOURCE
ExPI :NDITURI RI?OUIRIiD AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
10/12/09
10/19/09
MTG. DATE ATTACHMENTS
10/12/09 I Draft Resolution, with associated maps
Resolution 1561
Memorandum of Agreement between Mayor and Executive
10/19/09
DATE: October 12, 2009
ISSUE
BACKGROUND
City of Tukwila
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Committee of the Whole
FROM: Lisa Verner, Mayor's Office
SUBJECT: Orillia Area Annexation (Adjacent to Tukwila South Annexation)
Approve a Resolution commencing the Interlocal Annexation Method (RCW 35A.14.460) for the
residual area in the City's South Potential Annexation Area (PAA) between Orillia Road and 1 -5
The City's South PAA consists of the area south of the existing city limits, west of the Green
River, north of S 204 Street, and east of 1 -5. The vast majority of this area will be annexed
through the Tukwila South Annexation, as part of the Tukwila South Project actions.
Adoption of the proposed Resolution will offer both groups this assurance.
Jim Haggerton, Mayor
The County has been concerned for several years that the City would not complete annexation
of the entire PAA. In 2004, the Council adopted Resolution 1561 stating that the City would
begin negotiations on an interlocal agreement with the County within three weeks after the
Tukwila South annexation becomes effective. Since so many years have passed, the County
asked for further assurances that the City would follow through on annexing the rest of the PAA
as part of the County's review of and support for the Tukwila South Annexation.
The Mayor and County Executive Triplett negotiated a Memorandum of Agreement stating the
City will initiate annexation of the remainder of the PAA after the Tukwila South Annexation is
effective. The document is in the process of being signed by both parties now and a copy is
attached.
The County is particularly interested in having urban areas annexed into cities in order to save
money. The County asked the City to renew it's commitment to annexing the rest of the PAA.
The Washington State Boundary Review Board for King County (BRB) will hold a public hearing
on October 20 to take testimony on the proposed Tukwila South Annexation. BRB staff has
indicated BRB members are interested in the City's continued commitment to initiate annexation
of the remainder of the PAA.
INFORMATIONAL MEMO
Page 2
DISCUSSION
The annexation process applicable to this situation is the Interlocal Annexation Method (RCW
35A.14.460). For this process, the City negotiates an interlocal agreement with the County
concerning who will provide services to the annexed area, holds a public hearing, publishes the
text of the agreement, adopts the agreement and then adopts an ordinance annexing the
territory. Residents who live in the annexed area have the opportunity to vote themselves out
through a referendum process if they object to the annexation. A more detailed description of
the process is listed below:
The process is begun by the Council adopting a resolution "commencing negotiations"
for an interlocal agreement with the County for annexation of territory, described in the
agreement, that is within the City's UGA and that has at least 60% of its boundaries
contiguous to the annexing city and one or more cities.
After the resolution is adopted, the County and the City are to negotiate and try to reach
agreement regarding the annexation. The negotiation period can last 180 days and can
be extended by resolution for one or more 6 -month periods.
Once agreement is reached, the County Council and the City Council must hold a public
hearing (this can be a joint hearing, or each can hold its own hearing).
The County and the City must either separately or jointly publish the text of the
agreement at least once a week for two weeks before the date of the hearing(s) in one
or more newspapers of general circulation in the area proposed for annexation. These
publications should also provide notice of the public hearings.
Following the hearings and adoption of the agreement between the County and the City
providing for annexation of the unincorporated island, the City Council adopts an
ordinance annexing the territory as described in the agreement. The ordinance may
provide specific proposed zoning for the area as well as addressing issues of
indebtedness. The ordinance must set the date that the annexation is to be effective,
but that date must be 45 days or more following the date of ordinance adoption to
accommodate a referendum procedure.
The City must publish notice of the effective date of the annexation at least once a week
for two weeks after passage of the ordinance in one or more newspapers of general
circulation in the area to be annexed.
The annexation is then subject to a referendum election it within 45 days of adoption of
the annexation ordinance, a sufficient referendum petition is filed with the City Council.
A referendum petition is sufficient if it is singed by registered voters representing not less
than 15% of the number of votes cast at the last state general election in the area to be
annexed. If a sufficient petition is filed, an election on the annexation is to be held at a
general election in the annexation area and is subject to majority vote.
There are 14 parcels of land within the proposed annexation boundaries, including 8 homes.
One parcel is used for truck leasing and repair.
The and area within the boundaries of Fire District #24 consists of this proposed residual
section of the City's PAA and a small area within Kent's PAA south of S 204 Street
(approximately 10 acres). Currently the District contracts with the City of SeaTac for fire
services as the District does not have buildings, equipment or personnel. As part of interlocal
agreement negotiations with the County, the City will discuss the future of the portion of Fire
District #24 in the City's PAA.
W:12009 InfoMemos\TSOrillia Area Annex 10- 12- 09.doc
INFORMATIONAL MEMO
Page 3
RECOMMENDATION
Council is being asked to consider a resolution commencing the Interlocal Annexation Method
(RCW 35A.14.460) for the Orillia Area Annexation (residual area) in the City's South Potential
Annexation Area (PAA) between Orillia Road and 1 -5 at the October 12, 2009 Committee of the
Whole meeting and subsequent October 19, 2009 Regular meeting.
ATTACHMENTS
Draft Resolution, with associated maps
Resolution 1561
Memorandum of Agreement between Mayor and Executive
W: \2009 InfoMemos \TSOrillia Area Annex 10- 12- 09.doc
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, COMMENCING NEGOTIATIONS FOR AN INTERLOCAL
AGREEMENT WITH KING COUNTY FOR ANNEXATION OF THE ORILLIA
AREA TO THE CITY OF TUKWILA.
WHEREAS, RCW 36.70A.110(2), the Washington State Growth Management Act of
1990, as amended, requires each city within a county to propose the location of Urban
Growth Areas (UGA's), and RCW 36.70A.210 states that counties are regional governments
within their boundaries, and cities are primary providers of urban governmental services
within UGA's; and
WHEREAS, the Washington State Growth Management Act and Countywide Planning
Policies call for all urban areas to be inside cities by 2012 to enable counties to focus on
delivery of regional and rural services; and
WHEREAS, the City of Tukwila has commenced annexation proceedings for the La
Pianta Property located within the City's Potential Annexation Area described and attached
hereto as Exhibit A; and
WHEREAS, the completion of the La Pianta annexation will leave a small
unincorporated area immediately to the west of the area "Orillia Area leaving Tukwila
as the most logical service provider for this unincorporated island, described and attached
hereto as Exhibit B; and
WHEREAS, RCW 35A.14.460 allows for annexation when an unincorporated area is
within the City's UGA and has at least 60% of its boundaries contiguous to a city, which
describes this Orillia Area; and
WHEREAS, this method of annexation calls for the negotiation of an interlocal
agreement with King County addressing annexation issues to be voted upon by the
governing bodies of each jurisdiction;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
City staff is directed to commence negotiations with King County for the annexation of
the Orillia Area, described and attached hereto as Exhibit B.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2009.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
DRAFT
Attachments: Exhibit A Tukwila South Annexation Area Map
Exhibit B Orillia Area Annexation Map
W: \Word Processing Resolutions \Orillia Area Annexation.doc
LV:ksn 10/08/2009
Joan Hernandez, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 1 of 1
08/2009
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Tukwila South Annexation Area
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ATTEST/ AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Annexation Commitment 10 /28/04
Washington
Resolution No. L)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, COMMITTING TO INITIATE AN ANNEXATION PROCESS
FOR A CERTAIN UNINCORPORATED ISLAND OF TERRITORY AFTER
SUCH ISLAND BECOMES CONTIGUOUS TO THE CITY.
WHEREAS, the City has received a notice of intention to commence annexation
proceedings related to the territory known as the La Pianta annexation area, the boundaries of
which are described in Exhibit A, which is attached hereto and incorporated as if set forth in
full; and
WHEREAS, the City Cotuncil intends to authorize the circulation of an annexation
petition for the La Pianta annexation area; and
WHEREAS, the La Pianta annexation area lies within the Tukwila South Potential
Annexation Area identified by the Tukwila Comprehensive Land Use Plan; and
WHEREAS, the La Pianta annexation will reduce but not eliminate King County's
obligation to provide mtunicipal services to an area that is difficult for the County to serve due
to its size and isolation from other County service areas; and
WHEREAS, the King County Countywide Planning Policies recognize cities as the
appropriate provider of local urban services to urban areas; and
WHEREAS, King County has indicated it will support the La Pianta annexation if the
City commits to timely annex the remainder of its Tukwila South Potential Annexation Area,
the boundaries of said remainder being described in Exhibit B, which is attached hereto and
incorporated herein as if set forth in full; and
WHEREAS, the City of Tukwila is willing to annex the area described in Exhibit B, but
would like to delay action on this annexation until after a final resolution his been reached with
respect to the La Pianta annexation area;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Within three weeks after the area described in Exhibit A becomes contiguous
to the City of Tukwila, the City Council will adopt a resolution commencing negotiations
pursuant to RCW 35A. 14.460 for an interlocal agreement between the City and King Colmty to
accomplish the annexation of the area described in Exhibit B to the City, and directing staff to
complete said negotiations on an expedited basis. Within six weeks of approval of said
negotiated interlocal agreement by the City and King County, the City will adopt an ordinance
providing for the annexation of the area described in Exhibit B, which ordinance shall provide
for an effective date of annexation not later than sixty (60) days after adoption of the ordinance.
PASSED BY THE CITY CQU CIL OF THE OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this f 61 day of Pf l he A 2004.
Haggerf/Council President
Filed with the City Clerk: (-1
Passed by the City Council: C
Resolution Number:
L.
"EXHIBIT A"
(to resolution committing to initiate an annexation process...)
THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF
THE CITY OF TUKWILA DESCRIBED AS FOLLOWS:
"THAT PORTION OF UNINCORPORATED KING
COUNTY, WASHINGTON:
BOUNDED ON THE NORTH BY THE EXISTING
SOUTHERLY. CITY LIMITS OF THE CITY OF
TUKWILA, IN THE IMMEDIATE VICINITY OF THE
SOUTH 188 STREET INTER- CHANGE;
BOUNDED ON THE EAST BY THE WEST MARGIN
OF ORILLIA ROAD SOUTH;
BOUNDED ON THE SOUTH BY THE CENTERLINE
OF SOUTH.204 STREET, EXTENDED WESTERLY
TO ITS POINT OF. INTERSECTION WITH THE
EXISTING EASTERLY CITY LIMITS OF THE CITY
OF SEATAC; AND
BOUNDED ON THE WEST BY THE EXISTING
EASTERLY CITY LIMITS OF THE CITY OF
SEATAC."
"EXHIBIT B"
(to resolution committing to initiate an annexation process...)
THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF
THE CITY OF TUKWILA DESCRIBED AS FOLLOWS:
"THAT PORTION OF UNINCORPORATED KING
COUNTY, WASHINGTON:
BOUNDED. ON THE NORTH BY THE EXISTING
SOUTHERLY CITY LIMITS OF THE CITY OF
TUKWILA RUNNING EASTERLY FROM THE
VICINITY OF THE SOUTH 188 STREET
INTERCHANGE TO THE INTERSECTION OF THE
CITY LIMITS WITH THE GREEN RIVER;
BOUNDED ON THE EAST BY THE GREEN RIVER;
BOUNDED ON THE SOUTH BY THE NORTH
MARGIN OF SOUTH 204 STREET; AND
BOUNDED ON THE WEST BY THE WEST MARGIN
OF ORILLIA ROAD SOUTH RUNNING NORTH TO
THE INTERSECTION OF ORILLIA ROAD SOUTH
WITH THE CITY LIMITS OF THE CITY OF
TUKWILA IN THE VICINITY OF THE SOUTH 188
STRE r INTERCHANGE."
t IiL.L.. 1
LA PIANTA LLC
The undersigned property owner hereby notifies the City of Tukwila of the
property owner's intent to commence annexation proceedings pursuant to RCW
35A.14 120 The proposed annexation territory is solely owned by the undersigned and a
map and legal description is attached to this petition. As the undersigned is the property
owner of the majority of the proposed annexation area, the 10% requirement of RCW
35A.14 120 is hereby met. The undersigned requests that the City Council set a date, no
more than sixty (60) days after the filing of this request, for a meeting with the
undersigned to determine whether the City Council will accept, reject or modify the
proposed annexation and resolve other issues as required by state law
D to
PROPERTY OWNER.
LA PIANTA LLC, a Washington limited
liability company
By Metro Land Development, Inc.,
a Washingto corporatio its Manager
By O06).
Mark A. Segal; Vice President
ANNEXATION PETITION
5811 Segale Park Drive C
Tukwila, Washington 98188
P 0 Box 88028
Tukwila, Washington 98138 -2028
Telephone, (206) 575 -2000
Facsimile. (206) 575 -1837
I
C\Documents and Settings\ECampbell \Local Settings \Temporary Internet Files \OLK3 \ANNEXATION PETITION (10°,47'44
G NA_
MEMORANDUM OF AGREEMENT
BETWEEN
MAYOR OF TUKWILA AND THE KING COUNTY EXECUTIVE
RELATING TO THE ANNEXATION OF TUKWILA SOUTH ANNEXATION
AREA AND SUBSEQUENT ISLAND ANNEXATION
This Agreement is hereby entered into by the County Executive of King County, a
home rule charter county, a political subdivision of the State of Washington, and the
Mayor of the City of Tukwila, a municipal corporation.
RECITALS
WHEREAS, in 2004, the county embarked on a multi -year initiative, partnering
with cities, communities and the state legislature, to accomplish annexations at a faster
pace, finding additional funding sources to smooth the transition to city government, and,
where appropriate, seeking changes in state annexation law; and
WHEREAS, the city of Tukwila has commenced annexation proceedings for the
Tukwila South Annexation, Boundary Review Board File Number 2304, hereinafter
called "Tukwila South Annexation located within the City's PAA and under ownership
or control by La Pianta LLC; the Tukwila South Annexation is depicted in Exhibit A; and
WHEREAS, once that annexation is completed it will leave a small
unincorporated area, hereinafter called the "Residential Island immediately to the west
of the Tukwila South Annexation; and
WHEREAS, the Tukwila South Annexation to Tukwila would make Tukwila the
most logical service provider for the Residential Island; the Residential Island is depicted
in Exhibit B; and
WHEREAS, the City Council of the City of Tukwila passed on November 1,
2004, a resolution declaring its intent to begin the annexation process for the Residential
Island property within three weeks after the annexation of the Tukwila South Property;
and
NOW, THEREFORE, it is hereby agreed between the parties as follows:
AGREEMENT
1) The City of Tukwila shall initiate the annexation of the Residential Island,
depicted in Exhibit B, under the interlocal method of annexation (RCW 35A.14.460)
within three weeks of the effective date of the annexation of the Tukwila South
Annexation to the City of Tukwila.
City /County MOA
Page 2 of 2
2) The City of Tukwila shall set the effective date for the Tukwila South
Annexation on or before December 31, 2009.
3) King County agrees to support the Tukwila South Annexation.
4) Should the Tukwila South Annexation to the City of Tukwila not become
effective by December 31, 2009, the Mayor of the City of Tukwila shall recommend to
the Tukwila City Council that it commence efforts to annex the entire PAA (both the
Tukwila South Annexation and the Residential Island) by June 30, 2010.
For the City of Tukwila: For King County:
By: Jim Haggerton By: Kurt Triplett
Title: Mayor Title: King County Executive
Dated: Dated:
Approved as to Form: Approved as to Fonn:
By: Shelley Kerslake By: Darren E Carrell
City of Tukwila Legal Counsel Senior Deputy Prosecuting Attorney
Dated: Dated:
2
Exhibit A
"Tukwila South Annexation Area Map"
and
Exhibit B
"Orillia Area Annexation Map"
to this Memorandum of Agreement
are identical to the map
Exhibits A and B
attached to the Annexation Resolution
COUNCIL AGENDA SYNOPSIS
ILA:
Lutiulr ITEM No.
r tl4eetut; Dcrte I Prepared by Cor
a y 10/12/09 1 RB 1 -Y` 1 aA
10/19/09 RB I I
5 b.
r
1 1
ITEM INFORMATION
CAS Number: 09-144 ORIGINALAGI?ND,\ D.\TI OCTOBER 12, 2009
:\GI Adding funding for the contract with Commercial Development Solutions for Project
Management Services for the Tukwila South Project
(1\i '1 ()R1 D/ Sat .;irorr Motion 1 1 Resolution Ordinance 1 1 Bid Award Public Hearing n Other
l Itg Date 10/12/09 illtg Date 10/19/09 il ltg Date Alts Date ,llig Date Altg Date Mtg Date
SPC )NSc rR Council Mayor Ad>n Svc' 1 DCD P 1 Finance n Fire Legal LL P &R U Police Li PIV
SPONSOR'S The Contract for Services with Commercial Development Solutions expires on December
SI'NImn 31, 2009. Due to increased workload since approval of the Development Agreement with
La Pianta there is the need to supplement previously allocated fund. Based on recent
billing rates, it is estimated that an additional $22,000 is needed to complete actions
necessary through the end of this year.
RI :1' I I .\\'I cD BY 1 1 COW Ivitg. n CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. 1 1 Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPC)NS(>R /ADMIN. Mayor's Office
COMMITTEE Forward to Committee of the Whole
COST IMPACT FUND SOURCE
Ex1I;NDI•I'URI? AMOUNT BUDGETED APPROPRIATION REQUIRED
$22,000 $22,000
Fund Source: 000.03.513.100.41.01
Co✓nnrents:
MTG. DATE RECORD OF COUNCIL ACTION
10/12/09
MTG. DATE ATTACHMENTS
10/12/09 I Informational Memorandum dated 10/08/09
Draft Contract Amendment
List of Items needed to implement La Pianta Development Agreement
Minutes from the Finance and Safety Committee meeting of 10/06/09
ISSUE:
BACKGROUND
DISCUSSION
RECOMMENDATION
ATTACHMENTS
City of Tukwila
TO: Committee of the Whole
FROM: Mayor's Office
DATE: October 8, 2009
SUBJECT: Contract Amendment
Commercial Development Solutions (Lisa Verner)
Professional Services Contract with Commercial Development Solutions (CDS) requires
additional funding to carry through to its expiration date on December 31, 2009.
The City entered into contract with Lisa Verner dba Commercial Development Solutions,
in 2006, to serve as Project Manager for the Tukwila South project. That contract is set
to expire on December 31, 2009. Since signing of the Development Agreement with La
Pianta this year, project activities have increased dramatically. Previously, billings for
CDS averaged approximately $8,000 per month (at an hourly rate of $70 per hour).
Since signing of the Development Agreement, activities required to implement the
agreement have necessitated an increase in the number of hours worked by Ms.
Verner, resulting in average billings at $11,000 per month. This has caused the dollar
amounts appropriated to be expended more quickly than planned.
CDS was hired because there was no staff person available to dedicate solely to the
Tukwila South project. The comprehensive institutional knowledge of all aspects of the
project resides with Lisa Verner.
It is recommended that the Council consider this issue at the October 12, 2009 Committee of
the Whole Meeting and subsequent October 19, 2009 Regular Meeting.
Contract Amendment
List of Remaining Project Activities
INFORMATIONAL MEMORANDUM
Jim Haggerton, Mayor
That portion of Contract No. AG06 -059 between the City of Tukwila and Commercial
Development Solutions is amended as follows:
Under Section 2, Compensation and Method of Payment: Total amount to be paid shall
not exceed $269,000 (an addition of $22,000 to the previous contract amount of
$247,000).
Under Section 4, Duration of Agreement: This Agreement shall be in full force and
effect for a period ending December 31, 2009 unless sooner terminated under the
provisions hereinafter specified.
All other provisions of the contract shall remain in full force and effect.
Dated this day of 2009.
CONTRACTOR CITY OF TUKWILA
Commercial Development Solutions
ATTEST /AUTHENTICATED
Christy O'Flaherty, CMC, City Clerk
Date Approved by City Council
CITY OF TUKWILA
CONTRACT FOR SERVICES
Amendment to #06- 059(g)
Jim Haggerton, Mayor
APPROVED AS TO FORM
City Attorney
Tukwila South: Items to implement Development Agreement
9 -29 -09
1. Focal point /liaison with City and La Pianta
2. Escrow account
a. Contract and establishment
b. ROW vacation deeds
c. Southcenter ROW possession use, deeds
d. Letters of credit
e. Fire Station land deed (complete site identification process)
3. Accounting firm (Benson McLaughlin)
a. Complete contract and commence
b. Monitor development of Protocols and signed agreement
c. Conform to timelines in Development Agreement
4. Grant contracts
a. TIB
b. CERB
c. Capital Projects
5. Complete Tukwila South annexation
a. BRB public hearing
b. Council resolution, after negotiating effective date with KC departments
c. Work with Fire District 24 on interlocal agreement for reserve funds
6. Island annexation (remainder of PAA between I -5 and Orillia Rd)
a. Council adoption of resolution
b. Negotiate interlocal agreement with King County
c. Address participation of Fire District 24 in Interlocal Agreement
d. Council review and adoption of Interlocal
e. Notice to property owners concerning appeal opportunities
7. Shoreline designation through Department of Ecology
8. Levee modification/ "404" permit issuance
a. Monitor independent peer review
b. Changes to levee design, as needed
c. Coordination between Corps, City
9. Southcenter Parkway Extension
a. David Evans and Associates contract extension and completion of design,
bid documents
b. ECS revisions
c. Highline Water District
i. Interlocal agreement
d. PSE
i. Series of agreements
ii. Coordination of design/construction
e. Monitor and maintain schedule to start of construction
f. Wetlands mitigation
Tukwila South Project
Items to Implement the Development Agreement
9 -29 -09
10. Monitor KPFF and Anchor QEA
i. Levee
ii. Storm ponds
iii. Clearing grading pen
iv. Southcenter Parkway review
v. Coordination with city staff
11. Develop reference materials on Tukwila South Project for DCD
12. Monitor /assist Parks Department with pedestrian bridge grants
Finance Safety Committee Minutes October 6, 2009 Paae 2
Due to limited meeting time, the Committee did not determine a recommendation in support of or in
opposition to the draft ordinance. The item will be forwarded to full Council for discussion. FORWARD
TO OCTOBER 12 COW FOR DISCUSSION.
C. Contract Amendment for Commercial Development Solutions
Administration is seeking full Council approval for a contract amendment for Commercial Development
Solutions (Lisa Verner, Tukwila South Project Manager).
Earlier this year, Council approved a development agreement for the Tukwila South project.
Implementation of the agreement triggered several significant tasks requiring completion. Those tasks
include, but are not limited to: establishing an escrow account, initiating the annexation process, grant
/contract maintenance, development of reference materials, and monitoring and assistance for contractors
and City Departments.
Due to Commercial Development Solutions in -depth and on -going involvement in the project, as well as
efforts to keep the continuity of work moving forward, Administration is requesting Council approval of a
contract amendment that will extend the current Commercial Development Solutions contract through
December 31, 2010.
Additionally, increased project activity has required additional hours from Commercial Development
Solutions and based on the previous three billing cycles, Administration recommends increasing the
monthly contract rate to $11,000 from $8,000. It is anticipated that billable hours, in relation to this
contract, will decrease as the project progresses.
As a result of the current economic conditions and the potential effects of Initiative 1033, if passed,
Committee Members expressed concern over the length of time for the contract extension. Committee
Member Quinn stated that he is not opposed to returning to full Council multiple times for shorter,
contract extensions. There was not unanimous Committee approval to recommend extending the contract
through December 31, 2010.
The Committee would like to discuss this item further after the results of the November 3 General
Election, however, it was unclear when the current contract with Commercial Development Solutions
expires. In the event the expiration is October 31, 2009, the Committee recommended extending the
contract through November and returning to Committee meeting in November to discuss the contract
extension. DETERMINE CONTRACT EXPIRATION. RETURN TO COMMITTEE OR
FORWARD TO COW BASED ON CONTRACT EXPIRATION.
D. Authorization to Transfer Funds for Additional 2009 Bucket Reductions
Limited meeting time, unable to discuss item.
E. Sales Tax Report
Limited meeting time, unable to discuss item.
III. MISCELLANEOUS
Meeting adjourned at 6:00 p.m.
Next meeting: Tuesday, October 20, 2009 5:00 p.m. Conference Room #3
tes Committee Chair Approval
Minutes by KAM.
CO UNCIL AGENDA SYNOPSIS
ILA {y
J Initials ITEM No.
Meeting Date I yepared by 1 Mayor- review Council ,review
10/12/09 .ty(r� BG
L
a 10/19/09 49 BG
90' 1 1 I j 5'
ITEM INFORMATION
I CAS NUMBER: 09-145 'ORIGINAL AGENDA DATE: OCTOBER 12, 2009
AGENDA ITEM TITLE Ordinance Amending TMC Subsections 11.08.020 and 11.08.060
Relating to Permit Fees for Right -of Way and Private Property
CATEGORY Discussion Motion Resolution n Ordinance n Bid Award P1 Public Hearing n Other
Mtg Date 10/12/09 Mtg Date Mtg Date Mtg DatelO/ 19 (19ttg Date 11/1"tg Date Mg Date
1SPONSOR Council n Ma n Adm Svcs DCD n Finance Fire n Legal P&R i Police PW
SPONSOR'S This ordinance will amend and update Chapters 11.08.020 and 11.08.060 of the Tukwila
SUMMARY Municipal Code to revise permit fees pursuant to the settlement agreement with King
County Water District 125. Changes include the separation of Type C permits to C1 for
private development and C2 for work performed in the City right -of -way. Council is being
asked to approve this ordinance.
REVIEWED BY COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. n Parks Comm. P1 Planning Comm.
DATE: 09/29/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
10/12/09 I
10/19/09 I
MTG. DATE I ATTACHMENTS
10/12/09 I Informational Memorandum dated 09/23/09
I Draft Ordinance
Minutes from the Utilities Committee meeting of 09/29/09
10/19/09 I
City of Tukwila
DATE: September 23, 2009
Attachment: Draft Ordinance.
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Interim Public Works Director
SUBJECT: Amend TMC Subsections 11.08.020 and 11.08.060
Relating to Permit Fees for Right -of -Way and Private Property
Jim Haggerton, Mayor
ISSUE
Amend and update Chapters 11.08.020 and 11.08.060 of the TMC for revised permit
fees pursuant to the Settlement Agreement with King County Water District 125.
BACKGROUND
The Settlement Agreement with King County Water District 125 was approved by City
Council at the August 17, 2009 Regular Meeting. The Agreement requires changes to
Chapters 11.08.020 and 11.08.060 of the TMC to clarify permit fees.
RECOMMENDATION
The Council is being asked to approve this ordinance amending TMC Subsections
11.08.020 and 11.08.061 and to consider this item at the October 12, 2009 Committee
of the Whole meeting and subsequent October 19, 2009 Regular Meeting.
W: \PW Eng \OTHER \Bob Giberson \Info Memo Ordinance amending TMC 11.08.020 and 11.08.060.doc
L A U ET
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1995 §1 (PART), AS CODIFIED
AT TUKWILA MUNICIPAL CODE SUBSECTIONS 11.08.020(C) AND 11.08.060(D),
RELATING TO PERMIT REQUIREMENTS FOR ON -SITE DEVELOPMENT ON
PRIVATE PROPERTY AND PERMIT FEES AND CHARGES FOR PERFORMING
WORK IN A PUBLIC RIGHT -OF -WAY AND FOR PUBLIC WORKS PROJECTS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City desires to amend its regulations to provide that Type C1 permits are
required for grading and infrastructure work for on -site development on private property, and
that Type C2 permits are required for grading and infrastructure work within the public right
of -way; and
WHEREAS, the City desires to amend its regulations to provide that fee amounts charged
by the City to developers for both Type C1 and C2 permits shall be determined from the value
of the construction on private property and or within the right -of -way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 1995 §1 (part), as codified at Tukwila
Municipal Code Subsection 11.08.020(C), is hereby amended to read as follows:
C. Type C Infrastructure and Grading on Private Property and City Right -of -Way and
Disturbance of City Right -of -Way.
1. Type C1 permits shall be required for on -site development including, but not limited
to, infrastructure work and grading performed on private property. Type C2 permits shall be
required for infrastructure work and grading within the public right -of -way. Type C1 and C2
permits may be issued for a period not in excess of 180 continuous days, for activities that may
alter the appearance of or disturb the surface or subsurface of the City right -of -way.
2. Type C1 and C2 permits include, but are not limited to:
a. Boring.
b. Culverts.
c. Curb cuts.
d. Paving.
e. Drainage facilities.
f. Driveways.
g. Fences.
h. Landscaping.
i. Painting /Striping.
j. Sidewalks.
k. Street trenching.
1. Utility installation, repair, replacement.
Section 2. Ordinance Amended. Ordinance No. 1995 §1 (part), as codified at Tukwila
Municipal Code Subsection 11.08.060(D), is hereby amended to read as follows:
D. Type C1 permits shall be required for on -site development including, but not limited to,
infrastructure work and grading performed on private property. The total fees for Type C1
permits shall consist of the following parts:
W: \Word Processing \Ordinances \Second Type C Permit Fees WD 125.doc
SK:BG:ksn 10/07/2009
Page 1 of 2
1. An Application Base Fee, which is associated with establishing the necessary files;
2. A fee associated with the plan review and approval of the construction plans;
3. A fee associated with the issuance of the permit and the required inspection of the
construction fee amount to be determined from the value of the construction on private
property; and
4. A Grading Plan Review.
For Type C1 permits, the developer shall submit separate cost estimates for each item of
improvement. The Department will check the accuracy of these estimates.
E. Type C2 permits shall be required for infrastructure work and grading performed
within the City right -of -way. The total fees for Type C2 permits shall consist of the following
parts:
1. An Application Base Fee, which is associated with establishing the necessary files;
2. A fee associated with the plan review and approval of the construction plans fee
amount determined from the value of the construction within the public right -of -way;
3. A fee associated with the issuance of the permit and the required inspection of the
construction fee amount to be determined from the value of the construction within the public
right -of -way;
4. A pavement mitigation fee associated with the loss of pavement life from the
proposed excavation in the public right -of -way fee amount determined from the square
footage of excavation being performed and the age of the pavement; and
5. A Grading Plan Review.
For Type C2 permits, the developer shall submit separate cost estimates for each item of
improvement. The Department will check the accuracy of these estimates. Monies derived from
the above charges shall be deposited to the General Fund of the City.
F. A non refundable deposit, equal to the fee associated with an application base fee and
the review and approval of construction plans, is due and payable prior to starting the review,
with the balance of the total fee due and payable prior to issuance of the permit. Two reviews
of the construction plans are included in the above referenced fee an original review and a
follow -up review associated with a correction letter. Each additional re- review, which is
attributed to the developer's action or inaction, shall be charged as a separate transaction in
accordance with the fee schedule. Should additional fees for re- review be imposed, they will be
added to the balance due and be payable prior to issuance of the permit.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force 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 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W:\ Word Processing Ordinances \Second Type C Permit Fees WD 125.doc
SK:BG:ksn 10/07/2009
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
City of Tukwila
Utilities Committee
UTILITIES COMMITTEE
Meeting Minutes
September 29, 2009 5:00 p.m. Conference Room #1
PRESENT Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson
Staff: Bob Giberson, Frank Iriarte, Pat Brodin, Ryan Larson, Greg Villanueva, Gail Labanara and
Kimberly Matej
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No Presentations
II. BUSINESS AGENDA
A. NPDES Program Department of Ecoloev's Grant Program
Staff is seeking full Council approval to enter into a grant agreement with the Washington State
Department of Ecology for $50,000 for the National Pollutant Discharge Elimination System Stormwater
Management Plan.
This is a pass- through grant (non- competitive), available as a result of certain jurisdictions not taking
advantage of previous funding available for the implementation of NPDES Phase II requirements.
The City will utilize the grant funds towards expenses related to the existing project GIS Inventory for
Area 6 (discussion below, funding used to offset costs). No matching funds are required. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 12 COW FOR DISCUSSION.
B. GIS Inventory Area 6 Consultant Agreement and Scone of Work
Staff is seeking full Council approval to enter into a consultant agreement with Perteet Engineering, Inc.
in the amount of $150,000 for the mapping of all storm drainage and survey monuments within the public
right -of -ways for Area 6 of the Geographical Information Systems (GIS) Inventory.
As part of the implementation requirements of the National Pollution Discharge Elimination System
(NPDES), the City is conducting a multi phased GIS inventory of city owned as -built drawings for public
drainage systems (catch basins and manholes). NPDES requires that all 24 -inch and larger outfalls must
be located and identified by 2011. This inventory will also allow for better tracking of storm facility
maintenance needs.
Perteet Engineering, Inc. has conducted all five previous phases of this inventory. Project monies are
budgeted in the 412 Surface Water Fund. UNANIMOUS APPROVAL. FORWARD TO OCTOBER
12 COW FOR DISCUSSION.
C. Ordinance Amending TMC Chanter 11.08 Permit Fees for Right of Wav and Private Property
Staff is requesting full Council approval of an ordinance amending the Tukwila Municipal Code (TMC)
Section 11.08 relative to housekeeping items and permit fee calculations for right of way and private
property.
The new language added to this section is regarding permit fee calculations in the right -of way
(11.08.060 -D) which was a result of a settlement agreement with King County Water District 125. The
housekeeping items (11.08.020 -C) clarify type C permits, bringing separation to private property and
right way permits. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 12 COW FOR
DISCUSSION.
CO UNCIL AGENDA SYNOPSIS
,C Q 1 4k Initials ITEM No.
Meeting Date 1 roared by 1 Mayors review Cwu il ev/ew
w 1 10/12/09 RL 1 it.. -i-
i
ift ,,::!,,,..,-,c,;..... 10/19/09 18() RL I
908 1
ITEM INFORMATION
CAS NUMBER: 09-146 I ORIGINAL AGENDA DATE: OCTOBER 12, 2009
AGENDA ITEM TITLE GIS -Based Public Works Infrastructure Inventory Area 6
Consultant's Agreement with Perteet Engineering, Inc.
CATEGORY Discussion Motion Resolution Ordinance Bid Award n Public Hearing Li Other
Mtg Date 10/12/09 Mtg Date 10/19/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR n Council n Ma U Adm Svcs DCD Finance Fire n Legal P&R n Police PW/
SPONSOR'S This contract is for the GIS inventory and mapping of the sixth phase of the storm
SUMMARY drainage infrastructure for the City. This sixth area will encompass portions of the City
in the Gateway Drive area and the east margin of 1-5 to Interurban Ave S. As Perteet
Engineering completed the first five areas with satisfactory results, it is recommended
that they integrate the sixth area. Department of Ecology's $50,000.00 grant will offset
the cost of this contract.
REVIEWED BY n COW Mtg. I CA &P Cmte n F &S Cmte 1 I Transportation Cmte
Utilities Cmte I 1 Arts Comm. 1 1 Parks Comm. F Planning Comm.
DATE: 09/29/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMII`IEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$150,000.00 $150,000.00 $0.00
Fund Source: 412 SURFACE WATER FUND (PAGE 149, 2009 CIP)
Comments:
I MTG. DATE 1 RECORD OF COUNCIL ACTION
I 10/12/09 1
I
1 10/19/09 I
MTG. DATE ATTACHMENTS
10/12/09 Informational Memorandum dated 09/23/09
2009 CIP, page 149
Area Map
Consultant Agreement
Minutes from the Utilities Committee meeting of 09/29/09
10/19/09
TO:
Mayor Haggerton
UTILITIES COMMITTEE
FROM: Interim Public Works Director
DATE: September 23, 2009
SUBJECT: GIS Inventory Area 6
Project No. 02 -DR01
Consultant Agreement and Scope of Work
ISSUE
Approve consultant agreement with Perteet Engineering, Inc., to conduct the sixth area of the GIS
Public Works Infrastructure Inventory.
BACKGROUND
The City is performing a multi phased inventory that will map all City -owned storm facilities and
survey monuments throughout the City. To date, the City completed the Northern Quadrant and
Areas 2, 3, 4 and 5. The subject project is the sixth phase of this effort and will map the following
areas:
1. Gateway Drive area north of 1 -5 and east of Interurban Ave. S.
2. Outfalls to the Duwamish River between the Allentown Bridge and 1 -5.
3. Between the east margin of 1 -5 and Interurban Ave S., south of S. 144 St., north of 1 -405.
ANALYSIS
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Perteet Engineering, Inc. was selected to perform the first five phases of this project. Their work
was satisfactory and met all of the project requirements. Perteet Engineering is extremely familiar
with the City's GIS system and will easily integrate all new data into the results of the previous four
phases; therefore, it is recommended that they complete the next phase of this project.
A scope of work was developed with Perteet Engineering, Inc. based on the characteristics of Area 6
and what was developed and learned during the previous phases. This scope includes mapping all
storm drainage and survey monuments within the public right -of -ways in the survey area.
BUDGET SUMMARY
This project will be funded through the 412 Surface Water Fund.
Cost Budget (2010)
Perteet Engineering, Inc. Area 6 150,000 150,000
RECOMMENDATION
The Council is being asked to approve a consultant agreement with Perteet Engineering, Inc. in the
amount of $150,000.00 for consideration at the October 12, 2009 Committee of the Whole meeting
and subsequent October 19, 2009 Regular Meeting.
Attachments: Page 149, 2009 CIP
Area Map
Consultant Agreement
W \PW Eng PROJECTS \A- DR Projects \02 -DR01 (GIS Area 6)\Info Memo Area 6 doc
PROJECT: GIS Inventory
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2010 to 2015
LINE ITEM: 412.02.594.38 .22 PROJECT NO. 02 -DRO1
DESCRIPTION: The GIS inventory will establish citywide as -built drawings for public drainage systems.
JUSTIFICATION: State NPDES requirements include provisions for permitted jurisdictions to compile accurate drainage system
maps for all outfalls 24" or greater.
STATUS: GIS (Geographic Information Systems) mapping; Area #1 completed in 2003, Area #2 in 2005, Area #3 in 2006,
Area #4 in 2008, and Area #5 in 2009. Area #6 began in 2009 with completion in 2010.
MAINT. IMPACT: GIS information will allow maintenance to better track storm facility maintenance needs.
COMMENT: National Pollution Discharge Elimination System (NPDES). GIS is expected to be completed in 2011.
FINANCIAL Through Estimated
(in $000's) 2008 2009 2010 2011 2012 2013 2014 2015 BEYOND TOTAL
EXPENSES
Design 833 128 150 150
Land (R /W)
Const. Mgmt.
Construction
TOTAL EXPENSES 833 128 150 150
FUND SOURCES
Awarded Grant
Proposed Grant
Mitigation Actual
Mitigation Expected
Utility Revenue 833 128 100 150 0
TOTAL SOURCES 833 128 150 150 0
2010 2015 Capital Improvement Program
50 New 5c/ `1
0 0 0 0 0 1,261
0
0
Project Location;
Entire System
149
0
0
0
0
0 0 0 1,261
0 0 0 1,261
1,261
0
0
0
Map Legend
Wit Area 1
Area 2
Area 3
Area 4
Area 5
Area 6
City Surveyed
City o f -Tukwila
GAS inventory Phase Map
City Surveyed
CONSULTANT AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington,
hereinafter referred to as "the City and Perteet, 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 engineering
services in connection with the project designated Area VI GIS Infrastructure
Inventory.
2. Scope of Services. The Consultant agrees to perform the services, identified on
Exhibit "A" attached hereto, including the provision of all labor, materials, equipment
and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving
of 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
within 365 calendar days from notice to proceed, 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 Exhibit `B" attached hereto, provided that the total amount of payment to
the Consultant shall not exceed $150,000 without written authorization.
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 is 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 state for a
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
C:ItemplXPgrpwiselCantrnct 090916.doc
Page 1 of 9
period of three (3) years after final payments. Copies shall be made available
upon request.
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 peiinitted 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 to be rendered
under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the
City, its officers, agents and employees, from and against any and all claims, losses or
liability, including attorney's fees, arising from injury or death to persons or damage
to property occasioned by any act, omission or failure of the Consultant, its officers,
agents and employees, in performing the work required by this Agreement. With
respect to the performance of this Agreement and as to claims against the City, its
officers, agents and employees, the Consultant expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries
to its employees, and agrees that the obligation to indemnify, defend and hold
harmless provided for in this paragraph extends to any claim brought by or on behalf
of any employee of the Consultant. This waiver is mutually negotiated by the parties.
This paragraph shall not apply to any damage resulting from the sole negligence of
the City, its agents and employees. To the extent any of the damages referenced by
this paragraph were caused by or resulted from the concurrent negligence of the City,
its agents or employees, this obligation to indemnify, defend and hold harmless is
valid and enforceable only to the extent of the negligence of the Consultant, its
officers, agents and employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance, with a minimum
coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury;
and $500,000 per occurrence /aggregate for property damage, and professional
liability insurance in the amount of $1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named
insured and shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to the City. Certificates of coverage as
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
CAtempIXPgrpwiselContract 090916.doc
Page 2 of 9
required by this section shall be delivered to the City within fifteen (15) days of
execution of this Agreement.
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.
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, color, national
origin, religion, creed, age, sex or the presence of any physical or sensory handicap 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 the Agreement,
if requested to do so by the City. This section shall not be a bar to renegotiations
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
C.ItempLXPgrpwiselCotract 090916.doc
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of this Agreement between surviving members of the Consultant and the City, if
the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other
to enforce any provision of this Agreement, the prevailing party in such suit shall be
entitled to recover its costs, including reasonable attorney's fees, incurred in such suit
from the losing party.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Perteet, Inc.
2707 Colby Avenue, Suite 900
Everett, WA 98201
17. Integrated Agreement. 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.
This Agreement may be amended only by written instrument signed by both the City
and the Consultant.
DATED this day of 2009
CITY OF TUKWILA CONSULTANT
By:
Jim Haggerton, Mayor Crystal L. Donner
Vice President
Attest /Authenticated: Approved as to Foim:
Christy O'Flaherty, City Clerk Office of the City Attorney
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
C.ItempUCPgrpwiselContract 090916.doc
Page 4 of 9
Exhibit "A"
Scope of Services
City of Tukwila
GIS Public Works Infrastructure Inventory
Phase VI
(Between I -5, SR -405, Interurban Ave. and So. 144 St.)
INTRODUCTION
The overall objective of Scope of Services is to provide an inventory and mapping of the
City of Tukwila's Public Works infrastructure. The inventory and mapping for the
infrastructure will be performed within public rights -of -way and easements within the
three areas as defined below:
1. Gateway Drive area north of I -5 and east of Interurban Ave. So.
2. Outfalls to the Green River between the Allentown Bridge and I -5.
3. Between the east margin of I -5 and Interurban Ave. So, south of So. 144 St. to
the north Margin of I -405.
The Inventory Program developed for the previous phases will be the foundation for the
Phase V GIS project. This phase of the inventory will locate, storm drainage structures
and facilities and the center point of street monument cases. We will also provide
measure down to apparent inverts and attempt to determine the size and material of the
connecting storm pipes. Perteet Inc. field crews will make all measurements and
observations from the ground surface. Perteet field personnel are not equipped for, nor
permitted to attempt, a confined space entry.
The work under this agreement will be accomplished under the following elements of
work:
SCOPE OF SERVICES
1.0 Management Coordination /Administration
1.1. Provide continuous project management administration (billing invoices, monthly
progress reports) throughout the project's field data acquisition and GIS
development.
1.2. Develop project schedule. Schedule to be updated by the Consultant at the City's
direction as needed.
1.3. Attend coordination meetings with City staff and prepare meeting minutes. It is
assumed that a total of 6 meetings will be required and additional meetings, at the
City's direction, will be considered additional work.
1.4. Prepare independent QA/QC reviews at the 75% and final project review.
1.5. Coordination of Sub consultants.
2.0 Project Planning
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
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2.1. The Consultant analyst will schedule and lead the Project Kickoff and planning
meeting prior to the start of field data collection. This session will focus on the
final identification of features and feature attributes to be collected by field survey
crews. In addition, planning for future uses of the utility and street inventory will
be discussed.
2.2. Acquire both hard copy and electronic mapping that is readily available from
King County, WSDOT, or other sources that show the infrastructure features that
will be inventoried within their geographical areas.
3.0 Field Data Acquisition
3.1. Assumptions:
3.1.1. Elevations will be referenced to NAVD "88" datum.
3.1.2. We estimate that two- thirds of inventory data will be acquired by GPS, the
remainder will be by traditional optical equipment based upon GPS
control points.
3.1.3. "Confined Space" entry will not be required by the consultant to complete
the project.
3.1.4. Only visible or easily recovered features will be surveyed.
3.1.5. City of Tukwila will ensure access to all private properties required for the
survey.
3.2. Storm System Survey:
3.2.1. The following visible Storm Sewer system appurtenances will be located
by GPS or optical survey: manhole and catch basins, including invert
elevations, pipe sizes, material and direction of flow, culvert outfalls and
drainage swales.
3.3. Monument Survey:
3.3.1. Perform Global Position System (GPS) Real -time Kinematic (RTK)
survey locating the center of case of visible monuments adjacent to
stormwater inventory locations. No exhaustive investigation,
reconnaissance or research will be performed to recover all of the street
monuments.
4.0 GIS Data Development
4.1. Support Field Data Acquisition
4.1.1. Prepare supporting field map documents as necessary to successfully
complete inventory.
4.1.2. Ensure data transfers are complete and conform to data template design as
prescribed in previous project phases.
4.2. Data Development and Drainage Network Construction
4.2.1. Stormwater sewer systems will be developed into comprehensive
networks.
4.2.2. TetraTech assumes approximately 600 catch basins and 250 culverts, plus
connecting ditches and swales for conversion to GIS.
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
CltempXXPgrpwiselContract 090916.doc
Page 6 of 9
4.2.3. TetraTech will ensure the digital conversion of streams and integrate them
into the stoinuwater network within the final Geodatabase product.
4.2.4. To digitally represent the meander bends of both streams and large
ditches, TetraTech will rely primarily on flow points collected by Perteet
field staff at the major turns in these features. TetraTech will "smooth"
the bends in the stream and ditch centerlines using supporting vectors in
the City's existing hydro layer and /or aerial photographs.
4.2.5. QA/QC procedures developed and implemented in Phases I through V to
detect flow anomalies, missing features, and other potential errors will be
used in Phase VI. This includes the use of ArcReader and the creation of
PMF files within problem areas for visual inspection by Perteet field staff.
These errors will be fixed in GIS where possible or will be returned to the
survey team for further research.
4.2.6. Data will be provided to City staff on a regular basis to allow for a final
tier of QA/QC. Data will be made available for download off a secure
web -site or provided to the City in an alternate fashion. We expect to use
the City's ArcReader system developed in Phases I through V to
accomplish this tier of quality assurance.
4.3. Geodatabase Enhancements
4.3.1. The Drainage Network will be integrated into the Personal Geodatabase
created in Phase 1. The Geodatabase format created in Phases I through V
will be kept as is. Data resulting from the field inventory and network
construction in Task 4.2. will be added to the existing Geodatabase
(currently encapsulating all work performed in Phase 1).
4.4. Map Production
4.4.1. Hard copy maps of the completed inventory will be developed in ArcMap.
This will include a basemap image of the project study area using GIS
data provided by the City. The map will depict the drainage network with
as many physical attributes that can be displayed without blurring the map
image, and will be similar in quality to the hard copy submittals for Phase
1. The map will be compiled in a poster -size (E). One (1) draft and one
(1) final submission of each hardcopy map will be provided to both the
Client and Perteet. Duplicate copies will be provided at an additional cost.
4.5. Documentation and Delivery
4.5.1. FGDC Compliant metadata will be developed for all feature classes within
the Stormwater feature dataset. The metadata will outline the creation
process as well as the spatial and feature attribute definitions. The form
will be seamlessly linked to the layers in ArcGIS using the metadata kit
provided with the software.
4.5.2. A recommended data management strategy will be written and provided to
the City. This will offer suggestions on future expansion of the database.
4.5.3. The Geodatabase, including all GIS data layers created by TetraTech, and
ArcGIS project file, and digital metafiles of the map graphics, will be
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
CltempLYPgrpwiselContract 090916.doc
Page 7 of 9
placed on CD -ROM. A single copy of the CD will be sent to both the City
and Perteet as a final product.
Deliverables
Infrastructure Geodatabase including all GIS data layers created by TetraTech
from Phasel through V, an ArcGIS project file, and digital metafiles of the map
graphics.
One set of hardcopy maps in Poster format.
A "PMF" version of each hardcopy map for general use by City Staff that use the
free ArcReader software OR an ArcView project file.
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
C. templXPgrpwiselCoturact 090916.doc
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Hourly rates and expenses to a maximum of $150,000.
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
C: I templXPgrpwisel Contract 090916.dac
Exhibit "B"
Page 9 of 9
City of Tukwila
Utilities Committee
UTILITIES COMMITTEE
Meeting Minutes
September 29, 2009 5:00 p.m. Conference Room #1
PRESENT Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson
Staff: Bob Giberson, Frank Iriarte, Pat Brodin, Ryan Larson, Greg Villanueva, Gail Labanara and
Kimberly Matej
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No Presentations
II. BUSINESS AGENDA
A. NPDES Program Department of Ecology's Grant Program
Staff is seeking full Council approval to enter into a grant agreement with the Washington State
Department of Ecology for $50,000 for the National Pollutant Discharge Elimination System Stoiuiwater
Management Plan.
This is a pass- through grant (non- competitive), available as a result of certain jurisdictions not taking
advantage of previous funding available for the implementation of NPDES Phase II requirements.
The City will utilize the grant funds towards expenses related to the existing project GIS Inventory for
Area 6 (discussion below, funding used to offset costs). No matching funds are required. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 12 COW FOR DISCUSSION.
B. GIS Inventory Area 6 Consultant Agreement and Scope of Work
Staff is seeking full Council approval to enter into a consultant agreement with Perteet Engineering, Inc.
in the amount of $150,000 for the mapping of all storm drainage and survey monuments within the public
right -of -ways for Area 6 of the Geographical Information Systems (GIS) Inventory.
As part of the implementation requirements of the National Pollution Discharge Elimination System
(NPDES), the City is conducting a multi- phased GIS inventory of city owned as -built drawings for public
drainage systems (catch basins and manholes). NPDES requires that all 24 -inch and larger outfalls must
be located and identified by 2011. This inventory will also allow for better tracking of storm facility
maintenance needs.
Perteet Engineering, Inc. has conducted all five previous phases of this inventory. Project monies are
budgeted in the 412 Surface Water Fund. UNANIMOUS APPROVAL. FORWARD TO OCTOBER
12 COW FOR DISCUSSION.
C. Ordinance Amending TMC Chanter 11.08 Permit Fees for Right of Way and Private Property
Staff is requesting full Council approval of an ordinance amending the Tukwila Municipal Code (TMC)
Section 11.08 relative to housekeeping items and permit fee calculations for right of way and private
property.
The new language added to this section is regarding permit fee calculations in the right -of way
(11.08.060 -D) which was a result of a settlement agreement with King County Water District 125. The
housekeeping items (11.08.020 -C) clarify type C permits, bringing separation to private property and
right way permits. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 12 COW FOR
DISCUSSION.
COUNCIL AGENDA SYNOPSIS
J4,44 1 A w 4
Initials
ti f y ITEM No.
Meeting Date repared by 1 NIayor i' review Counciirevivw
a 9i 10/12/09 I RL I
I
ri
�i! 10/19/09 AM RL I i I
/906
I I I I
ITEM INFORMATION
! CAS NUMBER: 09-147 'ORIGINAL AGENDA DATE: OCTOBER 12, 2009
AGENDA ITEM TITLE NPDES Phase II Stormwater Management Plan
Acceptance of WA State Department of Ecology Grant
CATEGORY Discussion Motion Resolution Ordinance Bid Award n Public Hearing 1 I Other
Mtg Date 10/12/09 Mtg Date 10/19/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs n DCD Finance Fire 1 Legal Per'R Police El PV
SPONSOR'S We received a Washington State Department of Ecology (DOE) grant for the National
SUMMARY Pollution Discharge Elimination System (NPDES) Phase II Stormwater Management Plan
in the amount of $50,000.00. Council approval is required before accepting any grant.
Tukwila received a NPDES $75,000.00 grant in 2007. The total amount received will offset
a portion of the GIS Inventory expense for Area 6.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
1 !Transportation Cmte
Utilities Cmte Arts Comm. n Parks Comm. n Planning Comm.
DATE: 09/29/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMI'UEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
1 MTG. DATE RECORD OF COUNCIL ACTION
1 10/12/09
10/19/09
I
MTG. DATE J ATTACHMENTS
10/12/09 I Informational Memorandum dated 09/22/09
Ecology Grant No. G1000250
I Minutes from the Utilities Committee meeting of 09/29/09
10/19/09
City of Tukwila
INFORMATIONAL MEMORANDUM
To: Mayor Haggerton
UTILITIES COMMITTEE
From: Interim Public Works Director
Date: September 22, 2009
Attachments: Ecology Grant Number G1000250
Subject: NPDES Program
Project No. 93 -DR10
Department of Ecology's Grant Program Year 2010 -11
W. \PW Eng \PROJECTS W- DR Projects \93 -dr10 (NPDES Program) \Info Memo Ecology Grant 9- 21- 09.doc
Jim Haggerton, Mayor
ISSUE
Authorize Mayor to sign a grant agreement with the Washington State Department of
Ecology.
BACKGROUND
In the 2007 -2009 biennium, Washington State Legislature provided $9 million in base
funds for stormwater management activities to local governments implementing the
National Pollution Discharge Elimination System (NPDES) Phase II requirements.
Tukwila received $75,000 in grant funds that were available in the first round, but not all
jurisdictions took advantage of the funds.
The Department of Ecology is now offering a $50,000 pass- through grant to each of the
Phase II Stormwater NPDES Permit Holders with the remaining funds. Funding for this
grant was made effective July 1, 2009 and expires on June 30, 2011. City matching
funds are not required.
ACTION TAKEN
Staff notified the Department of Ecology of our intention to accept the $50,000 grant to
continue the efforts of implementing the City's NPDES Stormwater Management Plan.
The funds will be used to offset a portion of the GIS expense for Area 6.
RECOMMENDATION
The Council is being asked to approve a grant agreement with the Washington State
Department of Ecology in the amount of $50,000.00 for the NPDES Program and
consider this item at the October 12, 2009 Committee of the Whole meeting and
subsequent October 19, 2009 Regular Meeting.
DEPARTMENT OF
ECOLOGY
State of Washington
THIS is a binding agreement entered into, by, and between the state of Washington Department of
Ecology (DEPARTMENT), and City of Tukwila (RECIPIENT). The purpose of this agreement
is to provide funds to the RECIPIENT to carry out the requirements described herein.
PART I. GENERAL INFORMATION
Project Title: Phase II Stormwater Pass through Grant
Program
Grant Number: G1000250
RECIPIENT Name and Address:
RECIPIENT Contact:
Telephone Number:
Fax Number:
E -Mail Address:
RECIPIENT Billing Contact:
Telephone Number:
Fax Number:
E -Mail Address:
RECIPIENT Federal ID Number:
DEPARTMENT Project/Financial Manager:
Mailing Address: Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504 -7600
360- 407 -6502
360- 407 -7151
Telephone Number:
Fax Number:
E -Mail Address:
DESIGNATED LOCAL
GOVERNMENT PARTNERS
(if applicable)
ECY 070 357 (Rev. 9/09)
FY 2010 -2011 PHASE II STORMWATER PASS THROUGH
GRANTS PROGRAM
GRANT AGREEMENT BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
City of Tukwila
6300 Southcenter Blvd. Suite 100
Tukwila, WA 98188 -8548
Greg Villanueva
(206) 431 -2442
(206) 431 -3665
gvillanueva @ci.tukwila.wa.us
Greg Villanueva
(206) 431 -2442
(206)431 -3665
gvillanueva @ci.tukwila.wa.us
91- 6001519
N/A
Phase II Stormwater Pass through Grant
For partnerships, the lead government and partners must submit a copy of the signed agreement in
Appendix B with each copy of the grant agreement.
DEPARTMENT Funding Source: 2010 -2011 Biennial Operating Budget /Local
Toxics Control Account
Total Cost (up to $50,000 each recipient):
Total Eligible Cost (up to $50,000 each Recipient):
Page 2 of 17
50,000
50,000
DEPARTMENT Share ($50,000 each Recipient): 50,000
DEPARTMENT Maximum Percentage: 100%
The effective date of this grant agreement is July 1, 2009. Any work performed prior to the
effective date of this agreement will be at the sole expense and risk of the RECIPIENT.
This agreement expires on June 30, 2011.
PART II. PERFORMANCE MEASURES
A. Water Oualitv Goal.
Improved stolniwater management and water quality protection associated with
development and implementation of a stoiuiwater management program.
B. Proiect Outcomes.
Local Government Stormwater Grants for local governments to receive grants for
municipal stormwater programs, including but not limited to implementation of Phase II
municipal stormwater National Pollutant Discharge Elimination System (NPDES) peiiuits.
C. Post Proiect Assessment.
The RECIPIENT agrees to submit a brief survey three years after project completion
regarding the key project outcomes and the status of environmental results or goals from
the project. The DEPARTMENT's Performance Measures Lead will e -mail the
RECIPIENT the Post Project Assessment Survey.
The DEPARTMENT may conduct on -site interviews and inspections, and may otherwise
evaluate the Project. The DEPARTMENT will enter the information provided into its
performance measures database to be provided to the Washington State Legislature,
United States Environmental Protection Agency, and other natural resource agencies.
Approximate Post Project Assessment Date: June 30, 2012
Phase II Stormwater Pass through Grant
PART III. PROJECT DESCRIPTION
The RECIPIENT's stouuwater project will address implementation or management of municipal
stormwater programs.
PART IV. PROJECT BUDGET
Phase H Stormwater Pass through Grant Program
ELEMENTS
Task 1 Project Administration/Management (limited to 10% of total)
Task 2 Implementation and management of Stormwater Program
Total (limited to $50,000 per Recipient partner)
TOTAL ELIGIBLE
COST (TEC)*
*The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost.
MATCHING REQUIREMENTS (There are no matching requirements)
DEPARTMENT Share FY 2010 -11 (100% of TEC) 50,000
Payment Request Submittals. Payment requests will not be submitted more often than monthly,
unless allowed by the DEPARTMENT's Project/Financial Manager. The DEPARTMENT's
Project /Financial Manager may require the RECIPIENT to submit regular payment requests to
ensure efficient and timely use of funds.
Payment Schedule. Payments will be made on a cost reimbursable basis.
PART V. SCOPE OF WORK
50,000
50,000
The RECIPIENT shall ensure that this project is completed according to the details of this
agreement. The RECIPIENT may elect to use its own forces or it may contract for professional
services necessary to perform and complete project related work. The RECIPIENT certifies by
signing this agreement that all applicable requirements have been satisfied in the procurement of
any professional services. Eligible and ineligible project costs are separate and identifiable for
billing purposes. If professional services are contracted, the RECIPIENT shall submit a copy of
the final contract to the DEPARTMENT's Project/Financial Manager.
Task 1 Project Administration Management
A. The RECIPIENT shall administer the project. Responsibilities will include, but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms,
and progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of, and compliance with all required
Page 3 of 17
Phase II Stormwater Pass through Grant
permits, licenses, easements, or property rights necessary for the project; and submittal of
required performance items.
B. The RECIPIENT shall manage the project. Efforts will include: conducting,
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective communication with the RECIPIENT's designees; the
DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested
individuals or groups. The RECIPIENT shall carry out this project in accordance with
any completion dates outlined in this agreement.
C. The RECIPIENT shall submit all invoice voucher submittals and supportive
documentation, to the DEPARTMENT's Project/Financial Manager. Copies of all
applicable forms shall be included with an original A19 -1A, and shall be submitted to the
DEPARTMENT. Blank forms are found in Administrative Reauirements for Recipients
of Ecology Grants and Loans at http: /www.ecv.wa.gov/biblio /91 18.html
Required Forms:
Form A19 -1A (original signature)
Form B2 (ECY 060 -7)
Form C2 (ECY 060 -9)
Form D (ECY 060 11)
Where Eligible Costs Have Incurred:
Form E (ECY 060 -12)
Form F (ECY 060 -13)
Form G (ECY 060 -14)
Form H (F -21)
Form I (ECY 060 -15)
D. If work conducted results in a report, the RECIPIENT shall submit the following to the
DEPARTMENT's Project/Financial Manager and in the quantities identified:
Draft project completion reports one electronic copy
Final project completion reports five copies
Electronic copy of final project completion report
The RECIPIENT shall submit two copies of any document(s) which requires
DEPARTMENT approval. Once approval is given, one copy will be returned to the
RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of
submittals should be adjusted accordingly.
Task 2 Implementation of Stormwater Planning and Management Needs
A. The RECIPIENT shall address stormwater management needs that protect or restore water
quality. The RECIPIENT may conduct work related to implementation of activities
required by the municipal stormwater National Pollutant Discharge Elimination System
(NPDES) permits.
Page 4 of 17
Phase II Stormwater Pass through Grant
B. Check the boxes that represent the activities funded under this grant:
Public education and outreach activities
n Public involvement and participation activities
Illicit discharge detection and elimination (IDDE) program activities, including:
Mapping or geographic information systems of municipal separate storm sewer
systems (MS4s);
n Staff training
Activities to identify and remove illicit stoniiwater discharges;
Dry weather outfall screening procedures and field activities;
Complaint hotline database or tracking system improvements.
Activities to support programs to control runoff from new development, redevelopment,
and construction sites, including:
n Development of an ordinance and associated technical manual
Inspections before, during, and upon completion of construction, or for post
construction long -term maintenance.
Training for plan review and/or inspection staff
n Pollution prevention, good housekeeping, and operation and maintenance program
activities, such as:
n Inspecting and/or maintaining the MS4 infrastructure
Developing and /or implementing policies, procedures, or stoiinwater pollution
prevention plans at municipal properties or facilities.
n Annual reporting activities, including developing a summary of identified barriers to the
use of low impact development.
Establishing and refining stormwater utilities, including stable rate structures.
Water quality monitoring to implement permit requirements for a Water Cleanup Plan
(TMDL). Note that any monitoring funded by this program requires submittal of a Quality
Assurance Project Plan that Ecology approves prior to awarding funding for monitoring.
n Developing a report to plan for monitoring the next peiiuit cycle.
Equipment purchases that result directly in improved compliance with permit
requirements. Allowed costs for equipment purchases must be specific to implementing a
penuit requirement (such as a vactor truck) rather than general use (such as a general us
pick -up truck). Qualified equipment purchases include but are not limited to:
n Illicit discharge testing equipment and materials
Vactor truck or sweeper truck for MS4 maintenance activities
n Electronic devices dedicated to mapping of MS4 facilities and attributes
n Software dedicated to tracking permit implementation activities
Other activities consistent with the funding purposes of this program that support
stormwater management programs or permit compliance, which can be completed by the
June 30, 2011, deadline. Provide brief description in the space below:
1 1
II
1
1 1
1 1
Page 5 of 17
Phase II Stoiinwater Pass through Grant
PART VI. SPECIAL TERMS AND CONDITIONS
A. Commencement of Work. In the event that the RECIPIENT fails to commence work on
the project funded herein within four months after the effective date of this agreement, or
by any date mutually agreed upon in writing for commencement of work, the
DEPARTMENT reserves the right to terminate this agreement.
B. DEPARTMENT Funding Recognition. The RECIPIENT shall acknowledge and inform
the public about DEPARTMENT funding participation in this project as appropriate.
Examples include project signs and/or acknowledgement in published materials and
reports, the news media, or other public announcements. Projects addressing site specific
locations must utilize appropriately sized and weather resistant signs.
C. Equipment Purchase. The purchase of equipment may be eligible under this project. If the
RECIPIENT determines that equipment is needed to achieve the project outcomes, a
request must be made to the DEPARTMENT. All equipment purchases must have prior
approval by the DEPARTMENT. Allowable equipment purchases include equipment
needed to implement permit requirements (such as a vactor truck) rather than for general
use (such as general use pick -up truck).
D. Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect
rate up to 25 percent based on RECIPIENT employee's direct salary and benefit costs
incurred while conducting project related work, provided that prior to signature of this
agreement, the DEPARTMENT's Project/Financial Manager may require a list of items
included in the indirect rate during negotiations or thereafter. Items that are generally
included in an indirect rate are identified in Administrative Requirements for Recipients of
Ecology Grants and Loans.
E. Meetings /Light Refreshments. The RECIPIENT may spend up to $50 per meeting for
light refreshments associated with this project. The total amount spent for light
refreshments under this agreement cannot exceed $300.
F. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and
recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE)
businesses in purchases and contracts initiated after the effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation.
M /WBE participation is encouraged, however, and the RECIPIENT and all prospective
bidders or persons submitting qualifications should take the following steps, when
possible, in any procurement initiated after the effective date of this agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
Page 6 of 17
Phase II Stormwater Pass through Grant
4. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified firms.
Please include the following information:
1. Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub and /or sub subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
G. Progress Reports. The RECIPIENT shall submit quarterly Progress Reports to the
DEPARTMENT's Project/Financial Manager. Payment requests will not be processed
without a Progress Report.
Reporting Periods.
January 1 through March 31
April 1 through June 30
July 1 through September 30
October 1 through December 31
Reporting Due Date. Quarterly Progress Reports are due 15 days following the end of the
quarter.
Report Content. At a minimum, all Progress Reports must contain a comparison of
actual accomplishments to the objectives established for the period, the reasons for delay
if established objectives were not met, analysis and explanation of any cost overruns, and
any additional pertinent information specified in this agreement.
H. Water Oualitv Monitoring. Prior to initiating water quality monitoring activities, the
RECIPIENT must prepare a Quality Assurance Project Plan (QAPP) that follows
Ecology's Guidelines and Specifications for Preparing Quality Assurance Project Plans
for Environmental Studies, February 2001 (Ecology Publication No. 01 -03 -003).
The RECIPIENT must submit the QAPP to the DEPARTMENT for review, comment, and
must be approved before starting the environmental monitoring activities.
The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze
water samples for all parameters to be analyzed that require bench testing.
The RECIPIENT should manage all monitoring data collected or acquired under this
agreement in order to be available to secondary users and meet the "ten -year rule."
Monitoring Data Submittal Environmental Information Management System. Funding
recipients that collect water quality monitoring data must submit all appropriate data to
Ecology through the Environmental Infoiniation Management System (EIM).
Page 7of17
Phase II Stormwater Pass through Grant
PART VII. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's
current edition of Administrative Requirements for Recipients of Ecology Grants and Loans
"Yellow Book and the Local Government Stormwater Grants Program FY 2008 contain the
entire understanding between the parties, and there are no other understandings or representations
other than as set forth or incorporated by reference, herein. No subsequent modification(s) or
amendment(s) of this agreement shall be of any force or effect unless signed by authorized
representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement,
EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may
redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective
staff contacts without the concurrence of either party.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
DATE DATE
KELLY SUSEWIND, P.E., P.G. NAME: Jim Haggerton
WATER QUALITY PROGRAM MANAGER TITLE: Mayor
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(Revised 8/14/09)
Page 8of17
City of Tukwila
JURISDICTION
Phase II Stormwater Pass through Grant
Appendix A
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant /loan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor /consultant
assistance if that has been included in the agreement's final scope of work and budget.
B. SUBGRANTEE /CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the temis
and conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT
pursuant to this agreement, the state of Washington is named as an express third -party beneficiary
of such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by State law.
RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use
by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local
laws, orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the project,
provide assurance to the DEPARTMENT that all approvals and permits have been secured, and
make copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by
all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT
further agrees to affirmatively support the program of the Office of Minority and Women's
Business Enterprises to the maximum extent possible. If the agreement is federally- funded, the
RECIPIENT shall report to the DEPARTMENT the percent of grant /loan funds available to
women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable
laws, regulations, and policies of the United States and the State of Washington which affect
wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable
state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
Page 9 of 17
Phase II Stoimwater Pass through Grant
DEPARTMENT shall have the right to immediately terminate this agreement for cause as
provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or
otherwise involved in this project to give up any part of the compensation to which he /she is
otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract
hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures by fund source
and task or object.
All grant /loan records shall be kept in a manner which provides an audit trail for
all expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant /loan records shall be open for audit or inspection by the DEPARTMENT
or by any duly authorized audit representative of the State of Washington for a period of at least
three years after the final grant payment /loan repayment or any dispute resolution hereunder. If
any such audits identify discrepancies in the financial records, the RECIPIENT shall provide
clarification and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPARTMENT and to any authorized state, federal or local representative
for inspection at any time during the course of this agreement and for at least three years
following grant /loan teitnination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States,
Local Governments Non Profit Organizations), including the compliance Supplement to OMB
Circular A -133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumulative total of all federal funding from all sources. The
RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the
final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit
report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall be
accompanied by a statement of the action taken or proposed and any assistance needed from the
DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports
are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through
June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due
within thirty (30) days following the end of the quarter being reported.
J. COMPENSATION
Page 10 of 17
Phase II Stormwater Pass through Grant
1. Method of compensation. Payment shall normally be made on a reimbursable basis
as specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by the
DEPARTMENT along with documentation of the expenses. Payments shall be made for each
task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by
the RECIPIENT and approved as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable
costs by major elements as described in the Scope of Work. Instructions for submitting the
payment requests are found in "Administrative Requirements for Ecology Grants and Loans part
IV, published by the DEPARTMENT. A copy of this document shall be furnished to the
RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be
made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the
Project Officer assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the
RECIPIENT pursuant to the grant /loan agreement and performed after the effective date and prior
to the expiration date of this agreement, unless those dates are specifically modified in writing as
provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty- five(45) days after the expiration date of this agreement and within
fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to
exceed ten percent (10 of each reimbursement payment as security for the RECIPIENT's
performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the
project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's
sole discretion, such payment is reasonable and approved according to this agreement and, as
appropriate, upon completion of an audit as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to
final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant /loan
shall be refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for
state employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
Page 11 of 17
Phase II Stormwater Pass through Grant
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement.
In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform
any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further
funds thereunder and /or terminate this agreement by giving written notice of termination.
A written notice of teiinination shall be given at least five working days prior to
the effective date of termination. In that event, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become
Department property and the RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and /or the State of Washington
because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold
payments for the purpose of setoff until such time as the exact amount of damages due the
DEPARTMENT from the RECIPIENT is deteimined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is
contingent on the availability of state and federal funds through legislative appropriation and state
allotment. When this agreement crosses over state fiscal years the obligation of the
DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The
failure to appropriate or allot such funds shall be good cause to teiminate this agreement as
provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds
paid to the RECIPIENT in accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work
on the project funded herein within four months after the effective date of this agreement, or by
any date mutually agreed upon in writing for commencement of work, the DEPARTMENT
reserves the right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a
breach of any provision of this agreement is not a waiver of any subsequent breach and will not
be construed as a modification of the terms of this agreement unless stated as such in writing by
the authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable
materials or invents any patentable property, the RECIPIENT may copyright or patent the same
but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce,
publish, recover or otherwise use the material(s) or property and to authorize others to use the
same for federal, state or local government purposes.
Page 12 of 17
Phase II Stormwater Pass through Grant
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35
U.S.C. 200 -212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use
or publish information of the DEPARTMENT; present papers, lectures, or seminars involving
infoiiiiation supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed
reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the
DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT'S current edition of
"Administrative Requirements for Ecology Grants and Loans Part V, shall control the use and
disposition of all real and personal property purchased wholly or in part with funds furnished by
the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the
contrary or upon specific instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property directly to the RECIPIENT for use in performance of the project, it
shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said
property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT
shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such
property.
5. Acquisition Projects. The following provisions shall apply if the project covered
by this agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the
RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to disbursement of funds provided by this agreement. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's
opinions establishing that the land is free from any impediment, lien, or claim which would
impair the uses contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet,
the RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written approval of the DEPARTMENT. Such approval may be
conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease
or other conversion or encumbrance which monies granted pursuant to this agreement bear to the
total acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper).
For more information, see www.ecy.wa.gov /sustainability..
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this agreement including the satisfactory completion
of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason,
to perform obligations required of it by this agreement, the RECIPIENT may, at the
Page 13 of 17
Phase II Stormwater Pass through Grant
DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant /loan
funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the
opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12 per year from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be
obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any
property acquired under this agreement, at the option of the DEPARTMENT, may become the
DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by
an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by
the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be
responsible. In the event there is a dispute with regard to the extent and character of the work to
be done, the determination of the Project Officer or other designated official as to the extent and
character of the work to be done shall govern. The RECIPIENT shall have the right to appeal
decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact
arising under this agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT
mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have
the opportunity to be heard and to offer evidence in support of this appeal. The decision of the
Director or duly authorized representative for the determination of such appeals shall be final and
conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Thurston County. Review of the decision of the Director will not be sought before either the
Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of
dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this
agreement and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises
any function or responsibility in the review, approval, or carrying out of this agreement, shall
participate in any decision which affects his/her personal interest or the interest of any
corporation, partnership or association in which he /she is, directly or indirectly interested; nor
shall he /she have any personal or pecuniary interest, direct or indirect, in this agreement or the
proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the
Scope of Work.
Page 14 of 17
Phase II Stouiiwater Pass through Grant
2. To the extent that the Constitution and laws of the State of Washington permit,
each party shall indemnify and hold the other harmless from and against any liability for any or
all injuries to persons or property arising from the negligent act or omission of that party or that
party's agents or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable
Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions;
(d) Any terms incorporated herein by reference including the "Administrative Requirements for
Ecology Grants and Loans and (e) the General Terms and Conditions.
SS -010 Rev. 04/04
Page 15 of 17
Phase II Stormwater Pass through Grant
Appendix B
PARTNERSHIP AGREEMENT FOR ECOLOGY GRANTS
FY2010 -2011 PHASE II STORMWATER PASS THROUGH GRANTS
The cities, towns, and counties listed below agree to partner under one grant agreement for the
FY2010 -2011 Phase II Stormwater Pass through Grants. The grant shall be administered on
behalf of the partners by the Lead Phase II Local Government. Each partner local government is a
city, town, or county permittee under the Phase II Western Washington Municipal Stormwater
General Permit or the Phase II Eastern Washington Municipal Stormwater General Peiuiit.
Lead Phase II Local Government:
Phase II permit coverage number:
Signature of authorized representative:
Partner Local Government #1:
Phase II permit coverage number:
Signature of authorized representative:
Partner Local Government #2:
Phase II permit coverage number:
Signature of authorized representative:
Title
Date
Title
Date
Title
Date
Page 16 of 17
Phase II Stormwater Pass through Grant
Partner Local Government #3:
Phase II permit coverage number:
Signature of authorized representative:
Partner Local Government #4:
Phase II permit coverage number:
Signature of authorized representative:
Title
Date
Title
Date
If you require special accommodations or need this document in a format for the visually
impaired, call the Water Quality Program at 360- 407 -6502. Persons with hearing loss can call
711 for Washington Relay Service. Persons with a speech disability can call 877- 833 -6341.
Page 17 of 17
City of Tukwila
Utilities Committee
UTILITIES COMMITTEE
Meeting Minutes
September 29, 2009 5:00 p.m. Conference Room #1
PRESENT Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson
Staff: Bob Giberson, Frank Iriarte, Pat Brodin, Ryan Larson, Greg Villanueva, Gail Labanara and
Kimberly Matej
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No Presentations
II. BUSINESS AGENDA
A. NPDES Program Department of Ecology's Grant Program
Staff is seeking full Council approval to enter into a grant agreement with the Washington State
Department of Ecology for $50,000 for the National Pollutant Discharge Elimination System Stounwater
Management Plan.
This is a pass through grant (non- competitive), available as a result of certain jurisdictions not taking
advantage of previous funding available for the implementation of NPDES Phase II requirements.
The City will utilize the grant funds towards expenses related to the existing project GIS Inventory for
Area 6 (discussion below, funding used to offset costs). No matching funds are required. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 12 COW FOR DISCUSSION.
B. GIS Inventory Area 6 Consultant Agreement and Scone of Work
Staff is seeking full Council approval to enter into a consultant agreement with Perteet Engineering, Inc.
in the amount of $150,000 for the mapping of all stout' drainage and survey monuments within the public
right -of -ways for Area 6 of the Geographical Information Systems (GIS) Inventory.
As part of the implementation requirements of the National Pollution Discharge Elimination System
(NPDES), the City is conducting a multi -phased GIS inventory of city owned as -built drawings for public
drainage systems (catch basins and manholes). NPDES requires that all 24 -inch and larger outfalls must
be located and identified by 2011. This inventory will also allow for better tracking of storm facility
maintenance needs.
Perteet Engineering, Inc. has conducted all five previous phases of this inventory. Project monies are
budgeted in the 412 Surface Water Fund. UNANIMOUS APPROVAL. FORWARD TO OCTOBER
12 COW FOR DISCUSSION.
C. Ordinance Amending TMC Chanter 11.08 Permit Fees for Right of Wav and Private Prooertv
Staff is requesting full Council approval of an ordinance amending the Tukwila Municipal Code (TMC)
Section 11.08 relative to housekeeping items and permit fee calculations for right of way and private
property.
The new language added to this section is regarding permit fee calculations in the right -of way
(11.08.060 -D) which was a result of a settlement agreement with King County Water District 125. The
housekeeping items (11.08.020 -C) clarify type C permits, bringing separation to private property and
right -of -way permits. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 12 COW FOR
DISCUSSION.
COUNCIL AGENDA SYNOPSIS
ILA ..I (r_14 q Initials ITEM NO.
.M Meeting Date 1 Irepared by 1 Mayor's review 1 Council r�vi a ej� z 1 10/12/09 .I r BG 1 1 (.47 I
I go= 1 10/19/09 11 BG I V
I I I I 1-4
1
ITEM INFORMATION
1 CAS NUMBER: 09-148 I ORIGINAL AGENDA DATE: OCTOBER 12, 2009
AGENDA ITEM TITLE Tukwila Int'I Blvd Phase II III and Annual Traffic Signal Program
Purchase of Six Traffic Signal Control Cabinets
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 10/12/09 Mtg Date 10/19/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council ['Mayor Adm Svcs DCD Finance Fire Legal P6'R Police PW
SPONSOR'S This purchase will provide two traffic signal control cabinets for the current Tukwila
SUMMARY International Blvd Phase II and II construction project. The remaining four traffic signal
control cabinets will be purchased through the Annual Traffic Signal Program and allow for
the expansion of the existing Intelligent Transportation System (ITS) to International Blvd
and East Marginal Way. The quotes from Western Systems are from the State procurement
contract #3502.
REVIEWED BY COW Mtg. LI CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. 1 I Planning Comm.
DA'Z'E: 10/05/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
CoMMrITEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$120,947.13 $145,000.00 $0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGES 16, 17, AND 21, 2009 CIP)
Comments:
I MTG. DATE RECORD OF COUNCIL ACTION
10/12/09
10/19/09
MTG. DATE ATTACHMENTS
10/12/09 Informational Memorandum dated 09/30/09
Western Systems Quotes
Minutes from the Transportation Committee meeting of 10/05/09
10/19/09
TO:
Mayor Haggerton
Transportation Committee
FROM: Public Works Director
DATE: September 30, 2009
SUBJECT: TIB Phases II III and Annual Traffic Signal Program
Project Nos. 95 -RWO3 and 89 -RWO9
Purchase of Six Traffic Signal Control Cabinets
ISSUE
Approve purchase of six traffic signal control cabinets built to the City of Tukwila's specifications.
BACKGROUND
This purchase will provide two traffic signal control cabinets for the current Tukwila Intl Blvd
Phase II III Project. The remaining four traffic signal control cabinets will be purchased
through the Annual Traffic Signal Program and allow for the expansion of the existing Intelligent
Transportation System (ITS) to International Blvd and East Marginal Way.
ANALYSIS
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Western Systems is a listed vendor on the Washington State procurement contract #3502 for the
traffic signal cabinets and the sole source vendor for Eagle M -50 Signal controllers. Purchase
orders PWM47717 and PWM48315 in the amount of $120,947.13 to Western Systems for the
acquisition of six new ITS traffic control cabinets. All six are budgeted out of the 104 Fund.
BUDGET AND BID SUMMARY
Each Total 2009 Budget
Tukwila Int'I Blvd Phase II Ill $20,157.86 40,315.71 40,000.00
Annual Traffic Signal Program $20,157.86 80.631.42 100.000.00
Grand Total $120.947.13 $145.000.00
RECOMMENDATION
The Council is being asked to approve the purchase of six ITS traffic control cabinets from Western
Systems of Everett, Washington in the amount of $110,454.00 plus WSST of $10,493.13 for a
grand total of $120,947.13 and consider this item at the October 12, 2009 Committee of the Whole
meeting and subsequent October 19, 2009 Regular Meeting.
Attachments: Western Systems Quotes
W: \PW Eng \PROJECTS\A- RW RS Projects \95RW03 TIB2 \Info Memo ITS Cabinets 09.doc
Page 1 of 1
COMMUNICATIONS AND NETWORKING SOLUTIONS
909 BE EVERETT MALL WAY #A1 20 PHONE (425) 438 -1 1 33
EVERETT. WA 98208 FAX (425) 438 -1 585
May 22, 2009 Quotation WSQ W2510
Attention: Scott Bates City of Tukwila
Quotation Controller Cabinets
Scott,
We are pleased to quote you the following pricing for controller cabinets;
Bid Item #2; Controller Cabinet Type SP
1 ype Stretch -P controller cabinet wired per City of Tukwila specifications including: Wired facility with Type SP enclosure
(unfinished aluminum, UL listed) with; 16- position TS2 -2 load -bay, (1) detector rack wired for (1) bus interface unit, (4) 4
Channel loop amplifiers and (2) Opticom, (2) detector racks wired for (1) bus interface unit and (4) 4 channel loop amplifiers,
Final assembly, auxiliary switch panel, detector panel, fan and thermostat, power panel, SDLC termination panel, power
Supply interface panel, video panel, flash program jumpers and unused phase links
Includes the following plug -in devices:
1 SIEMENS EPAC3168M52 controller with SEPAC 3.33seD NTCIP software, data key module and 2M data key
1 EDI MMU16LEIP malfunction management unit
1 GarrettCom 6K16V ethernet switch with 6KP8V -RJ45 TP module, GBPMV -20TX dual GBIC ports and (2) GBIC- LXSC10
10km GBIC transceivers
3 EDI BIU700 bus interface units
1 EDI PS250 shelf mounted power supply
16 PDC SSS871 /0 cube load switches with I/O indicators
1 PDC SSS87 cube flasher
6 Detrol 205 flash transfer relays
4 EDI ORACLE4e 4- channel rack mount loop amplifiers
President
SIEMENS Ac
INTELLIGENT TRANSPORTATION SYSTEMS
6 ITEMS'
Carmanah Q Optelecom -nkf
http /www.westernsystems- inc.com
i J i i 10
0,1
S'1,-;
Lc A L-(-
18.409.00 IumD sum
THIS QUOTATION INCLUDES ONLY THE ITEMS LISTED HEREIN 8(8,
c�
Standard Delivery 85 -110 days after release
Terms: Net 30 Days 1
FOB Destination
This quote is good through 2009. o 611-,1-1
C i✓ 3, j
Sincerely, S
WESTERN SYSTEMS
Rdt 7 X2:.1 14 U 3 jam.
SENSYS
Network s
Page 1 of 1
909 SE EVERETT MALL WAY #A1 20
EVERETT. WA 98208
September 28, 2009
Attention: Scott Bates City of Tukwila
Quotation Controller Cabinets
Scott,
We are pleased to quote you the following pricing for controller cabinets;
Sincerely,
WESTERN SYSTEMS
ROdelte V iL
President
SIE ENS ins
INTELLIGENT TRANSPORTATION SYSTEMS
COMMUNICATIONS AND NETWORKING SOLUTIONS
0 te
Carmanah Optelecom -nkf
http /www.westernsystems- inc.com
PHONE (425) 438 -1 1 33
FAX (425) 438-1585
Quotation WSQ W2561
i
THIS QUOTATION INCLUDES ONLY THE ITEMS LISTED HEREIN Cj S 5 4
Standard Delivery 85 -110 days after release
Terms: Net 30 Days
FOB Destination
This quote is good through 2009.
4v
j
Bid Item #1; Controller Cabinet Type SP Complete
4 Type Stretch -P controller cabinets wired per City of Tukwila specifications including: Wired facility with Type SP enclosure
(unfinished aluminum, UL listed) with; 16- position TS2 -2 load -bay, (1) detector rack wired for (1) bus interface unit, (4) 4
Channel loop amplifiers and (2) Opticom, (2) detector racks wired for (1) bus interface unit and (4) 4 channel loop amplifiers,
Final assembly, auxiliary switch panel, detector panel, fan and thermostat, power panel, SDLC termination panel, power
Supply interface panel, video panel, flash program jumpers and unused phase links
Includes the following plug -in devices:
1 SIEMENS EPAC3168M52 controller with SEPAC 3.33seD NTCIP software, data key module and 2M data key
1 EDI MMU16LEIP malfunction management unit
1 GarrettCom 6K16V ethernet switch with 6KP8V -RJ45 TP module, GBPMV -20TX dual GBIC ports and (2) GBIC- LXSC10
10km GBIC transceivers
3 EDI BIU700 bus interface units
1 EDI PS250 shelf mounted power supply
16 PDC SSS871 /0 cube load switches with I/O indicators
1 PDC SSS87 cube flasher
6 Detrol 205 flash transfer relays
4 EDI ORACLE4e 4- channel rack mount loop amplifiers
18,409.00 unit cost 73.636.00 lump sum
Sw YS
N e t w o r k s
o- COUNCIL AGENDA SYNOPSIS
IILA ly9 c9 1 f
••:y Iznteul
ITEM No.
p s 1Vleeting Date I Prepared by 1 Mayors reviem Council roue
a I 10/12/09 1 SH I ..A.t- I
4 '1 0?�� I 10/19/09 SH I u
I I I T a
ITEM INFORMATION
Cas number 09-149 ORIGINAL AGI•:ND.\ D, \'1'V: OCTOBER 12, 2009
.\(;I :NU.\ III: \1 TII'I.IK: Resolution ordering cancellation of past due Accounts Receivable and Returned
Check Write -offs.
C al ;OR\ Dimu.ciion 1 !Motion Re.rolatioz Ordinance Bic' in'ard Public Nearing 1 1 Other
AL /g Date 10/12/09 11 itg Date 111tg Date 10/19/09 [lltg Date illtg Date Al ltg Date tlltg Date
SPONSOR Corinth 1 1 Atityor _'3cIm Svae 1 DCD Finance 1 1 Fire 1 1 Legal P &R Police 1 Pit
Si)( )Ns()R'S There are certain receivables that have been deemed uncollectible and need to be removed
SI' \I\I.vO from the Accounts Receivable Ledger. The Council is being asked to consider and approve
the attached resolution.
RI \'1I .\\'I?1) By 1 COW Mtg. 1 CA &P Cmte F &S Cmte 1 I Transportation Cmte
1 Utilities Cmte Arts Comm. Parks Comm. p Planning Comm.
DATE: 10/06/09
RECOMMENDATIONS:
SPONSOR /AI) \IIN.
CO\I \IT 1 1NI Unanimous approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
E \PI NDI.1'URI? RI,V UIRKI) AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Comments..
MTG. DATE RECORD OF COUNCIL ACTION
10/12/09
10/19/09
MTG. DATE ATTACHMENTS
10/12/09 Informational Memorandum dated 09/30/09
Resolution in draft format with Attachment A
Minutes from the Finance and Safety Committee meeting of 10/6/09
10/19/09
TO:
ISSUE
City of Tukwila
BACKGROUND
DISCUSSION
RECOMMENDATION
ATTACHMENTS
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Shawn Hunstock, Finance Director
DATE: September 30, 2009
SUBJECT: Cancellation of Accounts Receivable
Jim Haggerton, Mayor
The cancellation of uncollectible accounts receivable totaling $185,450.81. These items
include: False Alarms $775.00, Miscellaneous Billings $91,059.60, NSF Checks $482.00 and
Gordon's on the Green Concessions Fees $93,134.21. The items listed have been through the
City's collection program or are party to bankruptcy and have not been successfully resolved.
The process for tracking accounts receivable is quite thorough. The steps below are followed
prior to the attached write -off resolution:
Invoice is sent to recipient by Finance Department payable in 30 days.
Second notice is then sent specifying due date before receivable is forwarded to collection
agency.
Collection agency sends a series of three letters for the original amount due, with the final
letter advising that legal action will be taken if payment is not made. If there is no response
from debtor after the letter series, the debt is then reported to the National Credit Bureaus.
Collection agency then pursues legal action after the debtor is given a final opportunity to
dispute the claim. This includes attaching checking accounts, garnishments, lawsuits and
other legal methods.
The items on the proposed resolution reflect those that have been through the process above
and receivables are still due with the likelihood of collection being very low. We do collect
amounts after write -offs but very seldom.
The Council is being asked to consider this item at the October 12, 2009 Committee of the
Whole meeting and subsequent October 19, 2009 Regular meeting.
Draft Resolution, with attachment A
AcT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ORDERING THE CANCELLATION OF PAST -DUE
ACCOUNTS RECEIVABLE AND RETURNED CHECK WRITE -OFFS.
WHEREAS, certain receivables and checks have been deemed uncollectible after
efforts by both the City and a collection agency have been unsuccessful; and
WHEREAS, the City will continue to pursue these receivables when practical;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Miscellaneous Accounts Receivable and Returned Checks. The total of
$185,450.81 is deemed uncollectible. See Attachment A.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W: Word Processing Resolutions Write Offs.doc
ksn 09/30/2009
Joan Hernandez, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachment: "Attachment A" Past -Due Accounts Receivable and Returned Check Write-offs
as of September 30, 2009
Page 1 of 1
Invoice Date 1
12/31/07
12/07/06
12/28/06
02/20/07
01/04/07
07/05/07
12/31/06
04/22/05
05/31/05
05/31/05
06/30/05
08/31/05
08/31/05
09/25/06
09/30/05
11/16/05
12/31/05
12/31/05
04/20/06
04/20/06
04/20/06
05/31/06
08/31/06
08/31/06
08/31 /06
10/30/06
10/31/06
11/30/06
12/31/06
02/28/07
03/31/07
05/15/07
10/22/07
12/04/07
12/20/07
12/31/07
02/26/08
03/06/08
05/27/08
05/27/08
Attachment A as of 09.30.09
Attachment A Past Due Accounts Receivable and Returned Check Write -offs as of September 30, 2009
":MISCELLANEOUS
For
Fire hydrant damage
Reinspection fee
Reinspection fee
Reinspection fee
Reinspection fee
Reinspection fee
Reinspection fee
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
King Co Sewage Trtmt Capacity Chg
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bill
Customer
Michael Adams
Boss Wear (965)
Boss Wear (965)
Boss Wear (961)
Boss Wear (1111)
Busy Body Home Fitness
Cost Plus
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Fund
Water
General
General
General
General
General
General
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Golf
Invoice No.
MB -00118
CD -00329
CD -00328
RF -00018
RF -00002
RF -00089
CD -00318
CD -00434
CD -00432
CD -00433
1 CD -00431
1 CD -00430
1 CD -00436
CD -00418
CD -00429
CD -00422
CD -00428
1 CD -00435
1 CD -00425
CD -00426
CD -00427
CD -00424
CD -00416
CD -00417
1 CD -00421
CD -00419
CD -00423
CD -00420
1 CD -00415
MB -00053
MB -00049
1 MB -00050
MB -00051
MB -00052
MB -00048
MB -00085
MB -00337
MB -00338
MB -00197
MB -00198
Amount
372.50
60.00
85.00
60.00
60.00
60.00
110.00
2,307.83
2,121.60
2,221.62
2,222.06
2,785.08
2,310.50
1,834.50
2,666.55
2,275.58
2,523.84
2,100.18
2,120.34
1,977.69
2,292.06
2,008.98
2,354.69
2,633.18
2,241.29
2,473.93
2,204.43
2,149.02
2,338.66
3,934.68
5,289.24
1,708.90
3,871.65
1,845.14
1,530.07
1,928.24
1,573.81
1,772.41
1,497.02
1,617.93
Notes
Insurance will not pay- caused by other party
To EPR 8/10/07
To EPR 9/26/07
1To EPR 10/7/08
To EPR 10/7/08
To EPR 10/7/08
To EPR 8/10/07
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
!Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
1 Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
'Bankrupt 6/1/2009
1 Bankrupt 6/1/2009
(Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
1 Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
1 09/30/2009
07/03/08
07/03/08
07/30/08
09/05/08
10/28/08
12/31/08
10/2/006
12/15/06
05/16/07
11/07/06
11/07/06
Involce Date
11/03/06
12/14/06
11/03/06
12/14/06
12/14/06
11/03/06
11/03/06
12/14/06
12/31/06
12/31/06
12/31/06
12/31/06
12/31/06
12/31/06
05/10/07
05/10/07
05/10/07
05/10/07
05/10/07
05/10/07
05/10/07
05/10/07
05/10/07
05/10/07
05/10/07
05/10/07
05/10/07
12/31/06
Attachment A as of 09.30.09
Attachment A Pas
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Gordon's on the Green
Medina Restaurant
North Star Design
Priya's Auto Care Center
Southcenter One Hour Cleaners
Washington National Mortgage
Miscellaneous Billing Total
Customer
American Broadcast System
American Broadcast System
Armed Forces Recruiting
!Armed Forces Recruiting
1Armed Forces Recruiting
}Casual Male
Champs Sports Warehouse
Checker Collision Center
Checker Collision Center
(Checker Collision Center
Checker Collision Center
Checker Collision Center
Checker Collision Center
Checker Collision Center
Checker Collision Center
Checker Collision Center
Checker Collision Center
Checker Collision Center
Checker Collision Center
Checker Collision Center
1 Checker Collision Center
Checker Collision Center
Checker Collision Center
Checker Collision Center
Checker Collision Center
Checker Collision Center
Checker Collision Center
Half Price Books
t Due Accounts Receivable
Golf MB -00200 1
Golf MB -00201 j
Golf MB -00204
Golf 1 MB -00210
Golf 1 MB -00220 1
Golf 1MB -00265
General CD -00316 1
General CD -00267
General RF -00060 1 1
General CD -00296
General CD -00288
1 Fund
1 General
General
j General
General
General
General
General
General
General
!General
General
General
General
General
General
General
General
General
General
General
1 General
General
General
General
General
General
General
General
Invoice No.
CD -00054
CD -00088
CD -00013
CD -00012
CD -00007
CD -00181
CD -00165
CD -00120
CD -00115
CD -00122
CD -00123
CD -00124
CD -00126
CD -00137
PF -00010
PF -00011
PF -00012
PF -00013
PF -00014
PF -00021
PF -00022
PF -00015
PF -00016
PF -00017
PF-00018
PF -00019
PF -00020
CD -00169
I I$
and Returned Check Write -offs as
1,674.96
1,981.70
2,137.14
2,034.42
2,168.75
3,222.43
60.00
60.00
60.00
60.00
60.00
91,059.60 1
Amount
25.00
25.00
25.00
25.00
25.00
25.00
1 25.00
25.00
25.00
25.00
25.00
25.00
25.00
25.00
25.00
25.00
25.00
25.00
25.00
25.00
25.00
25.00
25.00
25.00
25.00
1 25.00
1 25.00
1 25.00
2
Their portion of Seattle City Light Bit
Their portion of Seattle City Light Bit
Their portion of Seattle City Light Bill
Their portion of Seattle City Light Bit
Their portion of Seattle City Light Bit
Their portion of Seattle City Light Bill
Reinspection fee
Reinspection fee
Reinspection fee
Reinspection fee
Reinspection fee
FALSE ALARMS
For
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
False Alarm
of September 30, 2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
Bankrupt 6/1/2009
To EPR 2/20/07
To EPR 8/10/07
To EPR 8/10/07
To EPR 08/10/07
To EPR 08/10/07
To EPR 8/10/07
To EPR 8/10/07
In dispute
In dispute
In dispute
To EPR 8/10/07
To EPR 8/10/07
To EPR 09/26/07
To EPR 09/26/07
To EPR 09/26/07
To EPR 09/26/07
To EPR 09/26/07
To EPR 09/26/07
To EPR 09/26/07
To EPR 10/15/07
To EPR 10/15/07
To EPR 10/15/07
To EPR 10/15/07
To EPR 10/15/07
To EPR 10/15/07
To EPR 10/15/07
To EPR 10/15/07
To EPR 10/15/07
To EPR 10/15/07
To EPR 10/15/07
To EPR 10/15/07
To EPR 10/15/07
To EPR 09/26/07
Notes
09/30/2009
en t A past '"'G e neral I \GD
Atta G I CD
I� (Precision Aut a0dy I Gene ral
09118806 IPrecdlon Auto Body
09!18 (Site Lock Systems A larm
I False s Tot
1211 810tri- 1 Fun
I I era \GK
Customer \Ger
pate IJ_ General I
Return Porsche Phelps I G I
0 311318 Tani' Ma -na I General
03113108 tTania Maw General C
)3113108 Mun Sa pit I I General
p4102108 Jolyn Gapitulo Hohnstein General
I I Gen
05106108 T 6arnes,_�
07(16108 t.awanna Gale Check Total\
08113108 Retu�
30 200
OUP ants o
eneral lse
Golf
m
a 25.00 F
0007 I a
S�°
000 L$ 775.0 .uET'RI\lf EGKFor
Amount I `youth Baslcctball
Check No. I 65.0
Preschool
120.00 Swim Lessens
#.1011 i
CK #1243 .001 I, TCG gootcam�
CK #1244 40.0t? I Adult Fitness Pass
CK* 005 27 paycanrp—
CO 2657 900 Tkw
10._ 0 QO` "_IGamp u
CK# 107 h
GK# 1022 Q 482
IPayor reports
1
II 11
1 I
1 Concessions Pees
1213112008
Write otf Grand Total
I
I 183,086.31 I
.Son the Green bankr uptcy I
i Gordon
I Note:
1
I _1_
tem ber -1
Nlrite -offs as S EPR 08110107__
s Alarm To EPR 08110
e existent
and RetuT !arm Address non
Receivable False A
RO 25 00 \false Alarm
plar
ITo EPR5128108
108
00
g ON THE GREEN
G ORDGN' 12!31108
EPR512
93,134.2174118107
ITo
To EPR5128
\To EPR5128108._
To EPR5128108
`To EPR 9126108
I 9 R 9R 1510B
TI\lotes
Bankrupt 61112009
I r
i
0913012009
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
October 6, 2009 5:00 p.m.; Conference Room #3
City of Tukwila
Finance and Safety Committee
PRESENT
Councilmembers: Pam Linder, Chair; Joe Duffle and De'Sean Quinn
Staff: Shawn Hunstock, Bob Giberson, Nick Olivas, Mary Miotke, Bruce Fletcher and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: Chair Linder called the meeting to order at 5:03 p.m.
Due to time constraints (a Council Shoreline Master Program Work Session beginning at 6.•00 p.m.), agenda
items were discussed in an order different from that presented in the original meeting agenda. Additionally, there
was not ample time to discuss all items scheduled.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Resolution Regarding Annual Cancellation for Accounts Receivable,
Staff is seeking full Council approval of an annual resolution to cancel (write -off) account receivables
deemed uncollectible. This year's annual account receivable write -off totals $185,450.81. A significant
amount of this write -off ($183,086.31) is related to the previous golf course concessionaire, Gordon's on
the Green, who filed bankruptcy on June 1, 2009. Although the City has filed a claim for reimbursement
of the outstanding amount owed, for accounting purposes it is best for the City to cancel this receivable,
and consider it uncollectible. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 12 COW.
B. Ordinance Establishinn Water. Sewer and Surface Water Utility taxes
Staff is seeking full Council approval of a draft ordinance which establishes a utility tax on the Water,
Sewer and Surface Water Funds to pay for the cost of emergency preparedness and potential responses
resulting from such.
Over the next several weeks, costs for emergency preparedness and responses specifically relating to the
conditions of the Howard Hanson Dam are anticipated to cost the City between $2.1 to 2.5 million.
Initially, it was believed these costs would be much higher. However, a significant costs saving was
recognized when it was identified that flood response equipment will not have to removed and replaced at
the beginning and end of each flood season, but can stay in place for up to five years with proper
maintenance. Unfortunately, ongoing costs are still unknown.
Taxing the City's Water, Sewer and Surface Water Funds will provide the City with sufficient monies to
pay for these potentially significant costs and is allowed by state law. Most cities have imposed this type
of tax for years.
The draft ordinance calls for a 35% Utility Tax on the total gross revenue from each Fund for seven
months (October 7, 2009 through April 30, 2010) generating approximately $2 million. The tax will then
be reduced to a 10% tax on total gross revenues for a 32 -month period (May 1, 2010 through December
31, 2012), generating approximately $900,000 annually. These Utility Funds will still be self sustaining
after the 35% tax.
COUNCIL AGENDA SYNOPSIS
V ILA 'W
�J` .Q� Irritialr ITEM No.
A /leetiizo Date 1 Prepared by 1 [Majors rerueo' Connalf/-eri w'
0 10/12/09 SH 1 A^
a ::s., 10/19/09 SH
290
ITEM INFORMATION
Cas number 09-150 ORIGINAL AGI ;ND.\ 1), \"1'l OCTOBER 12, 2009
;N D.\ 1'rl?\I TITLE, An ordinance establishing new regulations regarding water, sewer and surface
water utility taxes.
:(;OltY Discussion U Motion 1 1 Resolution Ordinance Bic! Award Public Hearin; 1 1 Other
blltg Date 10/12/09 Mtg Date Mtg Date Mtg Date 10/19/09 Mtg Date Altg Date Mtg Date
SPONS( )R I I Council I Mayor dm Sva DCD Finance Fire I Legal P /rR Police 1 1 Plt''
Si )NSOR's This ordinance creates new regulations in new TMC Chapter 3.54 implementing a utility
SI I:\I\I\Itl' tax on the water, sewer and surface water funds. The utility tax would be on the gross
revenue of the utility funds, rather than on the utility customers.
The Council is being asked to approve the ordinance creating a utility tax on the water,
sewer and surface water funds.
RI:\'I!AiK'IAD BY I COW Mtg. I CA &P Cmte F &S Cmte P1 Transportation Cmte
I I Utilities Cmte I 1 Arts Comm. Parks Comm. Planning Comm.
DATE: 10/6/09
RECOMMENDATIONS:
Sl'()NS()R /ADMIN. Finance Department
COMMITTEE Unanimous Approval; Forward to C.O.W.
COST IMPACT FUND SOURCE
ExPI ?ND11'URI R! T uIRI?D AMOUNT B UDGETED APPROPRIATION REQUIRED
Fund Source:
Comments':
MTG. DATE RECORD OF COUNCIL ACTION
10/12/09
10/19/09
MTG. DATE I ATTACHMENTS
10/12/09 Informational Memorandum dated 10/2/09
Ordinance in draft form
Minutes from Finance and Safety Committee meeting of 10/06/09
10/19/09 1
I
TO:
FROM:
DATE:
SUBJECT:
ISSUE
BACKGROUND
DISCUSSION
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Rhonda Berry
Finance and Safety Committee
Shawn Hunstock, Finance Director
October 2, 2009
Draft Utility Tax Ordinance
The City is in need of funding for emergency planning and response costs in the event of a
flood. Such planning directly relates to conditions at the Howard Hanson Dam.
The City recently declared an emergency due to conditions at the Howard Hanson Dam,
and the likelihood given those conditions that the U.S. Army Corps of Engineers, which
operates the dam, could release large amounts of water to prevent further damage to the
dam in the event of high rainfall.
The City's Emergency Management Coordinator, Hillman Mitchell, is recommending
specific measures be taken to prepare for a possible flood during the coming flood season.
Such measures include placement of sandbags and other materials on top of publically
owned levies throughout the City. The initial cost estimate of purchasing the necessary
materials and equipment, and placement on those materials on top of the levies, exceeds
$2.1 million. The City will also incur costs related to completion of an emergency response
plan in the coming weeks, as well as other planning costs. The exact cost of these other
items is unknown at this time, but could exceed a few hundred thousand dollars.
The City received information very recently indicating the materials placed on top of the levy
could stay in place for up to five years with appropriate maintenance. The large sandbags
will need to be covered to protect them from UV rays, and a few bags may need to be
moved if placed in or near the public right -of -way, but most of the bags will be able to stay
were they are initially placed.
The costs identified above will be necessary regardless of whether there is an actual flood
event or not. These estimates do not include the cost of response to an actual event, which
would obviously be significant, not to mention the potential cost of repairs to City
infrastructure.
The administration is recommending a utility tax on the water, sewer and surface water
funds to pay for the cost of preparedness and possible response over the next several
INFORMATIONAL MEMO
Page 2
months. The expectation at this time is that the tax would not be passed on to customers of
these utilities. The tax rate would initially be 35% due to the cost over the coming four to six
weeks of raising the level of the levies, as well as the cost of completion of planning efforts.
A utility tax of 10% would remain in place to fund on -going planning and possible response
costs for such natural disasters in the future. The 10% utility tax is scheduled to expire as of
December 31, 2012, but could be changed before then, or extended at any time. It is
anticipated that a Tong -term fix for the dam could take several years, and the City would
incur significant costs each year during the flood season to prepare for a possible event.
It should be noted that the City continues to pursue any and all external funding for the
steps now being considered. It is not known at this time if these expenses will be
reimbursable absent an actual flooding event. Should such expenses be reimbursed,
according to the draft ordinance the water, sewer and surface water funds will be
replenished for the utility taxes collected to pay for such expenses.
A utility tax on the water, sewer and surface water funds is considered appropriate to
preserve, protect, and if necessary repair, such utility infrastructure throughout the City. The
cost of not taking such measures now and potentially repairing this infrastructure later would
greatly exceed the cost of measures now being planned, not to mention the health and
safety issues that would result if the City were to not prepare as now planned for a possible
flood.
RECOMMENDATION
The Council is being asked to approve the attached ordinance adopting a utility tax on the
water, sewer and surface water funds.
This item is scheduled to be discussed at the October 5, 2009 Finance and Safety
Committee meeting, the October 12, 2009 Committee of the Whole meeting and at a
Special Meeting that same evening.
ATTACHMENT
Draft Ordinance
C: \temp\XPg rpwise \lnfoMemoUtilityTaxREV.doc
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS, TO BE CODIFIED
AT TUKWILA MUNICIPAL CODE CHAPTER 3.54, REGARDING WATER,
SEWER AND SURFACE WATER UTILITY TAXES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined the Financial Planning Model
demonstrates there is projected to be a deficit balance in the General Government Funds
by 2011; and
WHEREAS, the City has availed itself of all appropriate revenue sources currently
authorized and has reduced expenditures by 3% in the General Fund; and
WHEREAS, the basic City service levels could suffer a reduction without a new
source of revenue; and
WHEREAS, implementation of a tax on the City's water, sewer and surface water
utilities measured by gross earnings is expected to generate sufficient revenue to
maintain current levels of City services; and
WHEREAS, the City Council has determined the public interest is best served by the
implementation of a tax on the City's water, sewer and surface water utilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Established. Tukwila Municipal Code Chapter 3.54, "City
Utility Tax," is hereby established to read as follows:
W\Word Processing Ordinances \Utility Tax.doc
SH.ksn 10/07/2009
CHAPTER 3.54
CITY UTILITY TAX
Sections:
3.54.010 City Utility Tax
3.54.020 Definitions
3.54.030 Tax Rate
3.54.040 Tax Year
3.54.050 Exceptions and Deductions
3.54.060 Finance Director to Make Rules
3.54.010 City Utility Tax
There is hereby imposed a tax to be levied on and after October 1, 2009, against and
upon the gross earnings of the water, sewer and surface water utility funds and on all
water, sewer and surface water utilities at the rates set forth in this chapter. The tax
shall, however, be subordinate to any payments required to be made by any of said
utility funds from said gross earnings into any fund or funds heretofore or hereafter
created for the payment of and interest on revenue bonds of the City heretofore or
hereafter issued.
Page 1 of 3
3.54.020 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.
1. "Finance Director" means the Finance Director of the City of Tukwila,
Washington, or his or her designee.
2. "Gross earnings" means the consideration, whether money, credits, rights or
property expressed in terms of money, proceeding or accruing by reason of the
transaction of business and includes gross proceeds of sales, compensation for rendition
of services, gains realized from interest, rents, royalties, fees, commissions, dividends
and other emoluments, however designated, all without any deduction on account of
cost of property sold, materials used, labor, interest, losses, discount and any other
expense whatsoever.
3. "Sewer service" means any connection to the City sewer system and shall be
further defined by customer class.
4. "Surface water service" means any connection to the City surface water or storm
drainage system and shall be further defined by customer class.
5. "Water service" means any connection to the City water system and shall be
further defined by customer class.
3.54.030 Tax Rate
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 35% 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 October 1, 2009 through
April 30, 2010.
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, 2012.
3.54.040 Tax Year
The tax year for purposes of this water, sewer and surface water utility tax shall
commence October 1, 2009 and end December 31, 2009 and thereafter shall commence
on January 1 and end on December 31 each year.
3.54.050 Exceptions and Deductions
In computing the gross earnings tax due under the provisions of this chapter, there
shall be deducted from the measure of the tax the following items:
1. Uncollected accounts, if the books of the utility are on an accrual basis as
distinguished from a cash basis.
2. Amounts received through contemplated or actual condemnation proceedings or
in account of any federal, state or local public works project.
3. Amounts received as compensation or reimbursement for damages to or
protection of any property of the utility.
W: \Word Processing \Ordinances \Utility Tax.doc
SH:ksn 10/07/2009
Page 2 of 3
4. Contributions for or in aid of construction.
5. Amounts collected as sales tax.
6. Amounts received from surcharge to water rates charged outside City- limits
users for system improvements necessary to meet City standards.
3.54.060 Finance Director to Make Rules
The Finance Director shall have the power to adopt and enforce rules and
regulations not inconsistent with this chapter or with the law for the purposes of
carrying out the provisions thereof.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Special Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W: \Word Processing \Ordinances \Utility Tax.doc
SH ksn 10/07/2009
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 3 of 3
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
October 6, 2009 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Pam Linder, Chair; Joe Duffie and De' Sean Quinn
Staff: Shawn Hunstock, Bob Giberson, Nick Olivas, Mary Miotke, Bruce Fletcher and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: Chair Linder called the meeting to order at 5:03 p.m.
Due to time constraints (a Council Shoreline Master Program Work Session beginning at 6:00 p.m.), agenda
items were discussed in an order different from that presented in the original meeting agenda. Additionally, there
was not ample time to discuss all items scheduled.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Resolution Regarding Annual Cancellation for Accounts Receivable,
Staff is seeking full Council approval of an annual resolution to cancel (write -off) account receivables
deemed uncollectible. This year's annual account receivable write -off totals $185,450.81. A significant
amount of this write -off ($183,086.31) is related to the previous golf course concessionaire, Gordon's on
the Green, who filed bankruptcy on June 1, 2009. Although the City has filed a claim for reimbursement
of the outstanding amount owed, for accounting purposes it is best for the City to cancel this receivable,
and consider it uncollectible. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 12 COW.
B. Ordinance Establishing Water. Sewer and Surface Water Utility taxes
Staff is seeking full Council approval of a draft ordinance which establishes a utility tax on the Water,
Sewer and Surface Water Funds to pay for the cost of emergency preparedness and potential responses
resulting from such.
City of Tukwila
Finance and Safety Committee
Over the next several weeks, costs for emergency preparedness and responses specifically relating to the
conditions of the Howard Hanson Dam are anticipated to cost the City between $2.1 to 2.5 million.
Initially, it was believed these costs would be much higher. However, a significant costs saving was
recognized when it was identified that flood response equipment will not have to removed and replaced at
the beginning and end of each flood season, but can stay in place for up to five years with proper
maintenance. Unfortunately, ongoing costs are still unknown.
Taxing the City's Water, Sewer and Surface Water Funds will provide the City with sufficient monies to
pay for these potentially significant costs and is allowed by state law. Most cities have imposed this type
of tax for years.
The draft ordinance calls for a 35% Utility Tax on the total gross revenue from each Fund for seven
months (October 7, 2009 through April 30, 2010) generating approximately $2 million. The tax will then
be reduced to a 10% tax on total gross revenues for a 32 -month period (May 1, 2010 through December
31, 2012), generating approximately $900,000 annually. These Utility Funds will still be self sustaining
after the 35% tax.
Finance Safety Committee Minutes October 6, 2009 Pape 2
Due to limited meeting time, the Committee did not determine a recommendation in support of or in
opposition to the draft ordinance. The item will be forwarded to full Council for discussion. FORWARD
TO OCTOBER 12 COW FOR DISCUSSION.
C. Contract Amendment for Commercial Development Solutions
Administration is seeking full Council approval for a contract amendment for Commercial Development
Solutions (Lisa Verner, Tukwila South Project Manager).
Earlier this year, Council approved a development agreement for the Tukwila South project.
Implementation of the agreement triggered several significant tasks requiring completion. Those tasks
include, but are not limited to: establishing an escrow account, initiating the annexation process, grant
contract maintenance, development of reference materials, and monitoring and assistance for contractors
and City Departments.
Due to Commercial Development Solutions in -depth and on -going involvement in the project, as well as
efforts to keep the continuity of work moving forward, Administration is requesting Council approval of a
contract amendment that will extend the current Commercial Development Solutions contract through
December 31, 2010.
Additionally, increased project activity has required additional hours from Commercial Development
Solutions and based on the previous three billing cycles, Administration recommends increasing the
monthly contract rate to $11,000 from $8,000. It is anticipated that billable hours, in relation to this
contract, will decrease as the project progresses.
As a result of the current economic conditions and the potential effects of Initiative 1033, if passed,
Committee Members expressed concern over the length of time for the contract extension. Committee
Member Quinn stated that he is not opposed to returning to full Council multiple times for shorter,
contract extensions. There was not unanimous Committee approval to recommend extending the contract
through December 31, 2010.
The Committee would like to discuss this item further after the results of the November 3 General
Election, however, it was unclear when the current contract with Commercial Development Solutions
expires. In the event the expiration is October 31, 2009, the Committee recommended extending the
contract through November and returning to Committee meeting in November to discuss the contract
extension. DETERMINE CONTRACT EXPIRATION. RETURN TO COMMITTEE OR
FORWARD TO COW BASED ON CONTRACT EXPIRATION.
D. Authorization to Transfer Funds for Additional 2009 Budget Reductions
Limited meeting time, unable to discuss item.
E. Sales Tax Report
Limited meeting time, unable to discuss item.
III. MISCELLANEOUS
Meeting adjourned at 6:00 p.m.
Next meeting: Tuesday, October 20, 2009 5:00 p.m. Conference Room #3
e c Committee Chair Approval
Minutes by KAM.
12th (Monday)
Community
'larks
C
CANCELLED
A Civil Service
Commission,
5:00 PM
(Mayor's Office)
RESCHEDULED
FROM OCT. 5.
A City Council
Committee of
the Whole Mtg.,
7:00 PM
(Council
Chambers)
C.O.W. TO BE
IMMEDIATELY
FOLLOWED BY
A SPECIAL
MEETING
19th (Monday)
Transportation
Cmte,
5:00 PM
(CR #1)
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
13th (Tuesday)
Utilities Cmte
CANCELLED
Tukwila
International
Boulevard
Action Cmte,
7:00 PM
(Community
Center)
20t11"(Tuesday)
Puget Sound
Blood Center
TUKWILA
BLOOD DRIVE
9:00 to 11:00 AM
12 :00 to 3:00 PM
(Auditorium at
Boeing Employees
Credit Union,
12770 Gateway Dr.)
For more information
or to schedule an
appointment to
donate blood,
contact Mary at 206-
439 -5981 or e-mail
mtoal @becu.org
Finance Safety
Cmte,
5:00 PM
(CR #3)
camiri:g:M
200
14th (Wednesday)
FLOOD
INFORMATION
3:00 to 5:00 PM
Foster High School
Information to be
provided regarding
the Howard Hanson
Dam and potential
impacts in the event
of future flooding.
Emergency
information
available at
www.kingcounty.
gov /floodplans.
Family Mingo
Night
6:30 to 8:30 PM
Community Center
Cost is $3.00 per
person for up to 3
cards; extra cards at
50 cents each. Fun
prizes! Concessions
available too,
21st. (Wednesday)
A Parks
Commission,
5:30 PM
(Community
Center)
A Library Advisory
Board,
7:00 PM
(Foster Library)
15th (Thursday)
Crime Hot
Spots Task
Force Mtg.,
10:00 AM
(CR #5)
Domestic
Violence Task
Force,
12:00 NOON
(Human Svcs.
office)
Tukwila
Historical
Society,
7:00 PM
(George Long
facility)
2Znd.(Thursday)"
Planning
Commission,
(Work Session),
6:00 PM
(Council
Chambers)
Joint City
Council/
School Board
Meeting
6:00 to 8:00 PM
(Community
Center)
16th (Friday)
Two Wheels
North
FREE
performance
Presented by
Book -It
Repertory
Theatre in
partnership with
4Culture
7:00 PM
(doors open at
6:30 PM)
Tukwila
Community
Center
Don't miss this
world premiere:
The story of two
high school
graduates who
set out on
second -hand
bicycles from
California in
August 1909 to
cycle to Seattle
for the Alaska
Yukon Pacific
Exposition.
They go for the
lure of adventure
and a promised
$25 purse from
The Seattle PI.
23rd (Friday)
17th (Saturday)
Sunday,
October 18
PG/'�t7
3:00 PM
Foster Performing
Arts Center
For more
information call
206 781 -5618
or visit
www.rainier
symphony.org
24th (Saturday)
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.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. 10/12/09 meeting has been cancelled.
Crime Hot Spots Task Force: 3rd Thurs., 10:00 AM, Conf. Room #5. Contact Phi Huynh at 206 433 -7175.
Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Human Services Office. Contact Stacy Hansen at 206- 433 -7181.
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3.
Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 41.
Tukwila Historical Society: 3rd Thurs., 7 :00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860.
➢Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812.
Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. 10/13/09 meeting has been cancelled.
Tentative Agenda Schedule
November
11th Veterans Day
(City offices closed)
26th Thanksgiving
(City offices closed)
27th —.Day after
Thanksgiving
(City offices closed)
30th
Fifth Monday of the
month—no Council
meeting scheduled
2
Special Presentation:
Update on
Literacy Source
(Cat Howell)
Public Hearing:
Ordinance providing
finding of facts
regarding diversion
facilities
Unfinished Business:
Ordinance providing
finding of facts
regarding diversion
facilities
See agenda packet
cover sheet for this
week's agenda
(October 12, 2009
Committee of the Whole
Meeting)
9
Special Issues:
Ordinance forming
LID 33
Unfinished Business:
Ordinance amending
TMC Chapter 11.08
regarding Public
Works permit fees
Surface water's
GIS Inventory Area 6
consultant agreement
and scope of work
NPDES Program
Department of Ecology
grant
Tukwila International
Blvd. Phase II and III
signal controller
Resolution supporting
City of Seattle's bid to
be a host site for the
2018 or 2022 Soccer
World Cup
Comprehensive Plan
amendments
Resolution authorizing
cancellation of past due
accounts receivable
and returned check
write -offs
Resolution
commencing
negotiations for an
Interlocal Agreement
with King County for
the annexation of a
residential island to the
City of Tukwila.
Contract amendment
for Commercial
Development Solutions
for services associated
with the Tukwila South
project
16
Public Hearing:
Ordinance forming
LID 33
Unfinished Business:
Ordinance forming
LID 33
EXECUTIVE SESSION
6:00 PM
Public Hearing:
Resolution of intent
to form LID 33
Special Issues:
Resolution of intent
to form LID 33
COMMITTEE OF THE
WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING
SPECIAL MEETING
Unfinished Business:
Resolution of intent
to form LID 33
23
COMMITTEE OF THE
WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING