HomeMy WebLinkAboutReg 2008-08-18 COMPLETE AGENDA PACKET �JW 1 1;4. Tukwila City Council Agenda
Q ❖REGULAR •MEETING
Ul't rte'- O
tr) ti f�� f? Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pam Linder
Rhonda Berry, City Administrator Dennis Robertson Verna Griffin
�soa
Joe Duffie, Council President Kathy Hougardy De'Sean Quinn
Monday, August 18, 2008; 7:00 PM Ord #2208 Res #1667
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL Update on the Sounder Commuter Rail Station; Pg.1
PRESENTATIONS Paul Cornish, Capital Facilities Project Manager, Sound Transit.
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. CONSENT a. Approval of Minutes: 8/4/08 (Regular).
AGENDA b. Approval of Vouchers.
c. Accept turnover of storm drainage system as part of the SC -3 Retail Building Pg.5
Development located at 17401 Southcenter Parkway (value of transferred assets is
$80,000).
5. BID AWARDS Award a contract to Ebenal General, Inc. for the Standby Power Upgrades Year One Pg.15
project in the amount of $523,200 (see 8/11/08 C.O. W.J.
6. PUBLIC HEARINGS Development Agreement with Mastro Properties for a multi family condominium Pg.17
project.
7. UNFINISHED a. A resolution authorizing the Mayor to enter into a Development Agreement with Pg.17
BUSINESS Mastro Properties for the development of a multi family condominium project.
b. A resolution authorizing application to the Recreation Conservation Office (RCO) Pg.31
for federal funding assistance for the Duwamish Riverbend Hill Land and Water
Conservation project.
c. Tukwila Village Developer Presentations by Tarragon and Legacy Partners. Pg.35
(Please bring the two proposals from the developers distributed in July.)
8. NEW BUSINESS Authorize the Mayor to sign the Labor Agreement between the City of Tukwila and Pg.45
Tukwila Police Officers' Guild for the period January 1, 2008 December 31, 2010.
9. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
10. MISCELLANEOUS
11. EXECUTIVE SESSION
12. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice
to the City Clerk's Office 206 -433 1800 /TDD 206 248 -2933. This notice is available at www.citukwila.wa.us,
and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
_VILA, 11 e %,"5-
City I Jim Haggerton, Mayor
Q %.0
Department of Community Development Jack Pace, Director
1908 PRESENTATION ITEM
MEMORANDUM
TO: Tukwila City Council
mbers
FROM: Jack Pace, DCD Direct
DATE: 13 August, 2008
SUBJECT: Update on the Sounder Commuter Rail Station by Sound Transit
ack
B gr ound
Sound Transit is required to provide City Council with updates on the condition of the
temporary Sounder Commuter Rail Station twice a year for the next five years as part of
the conditions of approval for the most recent unclassified use permit (UUP) for the
temporary commuter rail station.
Paul Cornish, Sound Transit Capital Facilities Project Manager, will be providing a
summary of improvements that were required as part of the UUP at the temporary station,
ridership and service changes, and parking lot utilization counts. Ensuring that there is
sufficient parking capacity for the temporary station is a significant concern. The
conditions of the UUP approval state that "For the next five years until the permanent
station is open and operational... if at any time during this period the number of parked
vehicles is equal to or exceeds 95% of existing capacity, Sound Transit shall identify and
implement, as soon as practically possible, and at its sole cost, effective mitigation
measures." Please see the attached Notice of Decision for the UUP issued in December,
2007, outlining the conditions of approval.
The presentation will also include an update on the status of planning, construction and
funding for the permanent station.
Next Steps
There are a number of outstanding issues regarding the design of the peituanent station
that still need to be resolved between the City and Sound Transit, including providing
public restrooms on -site, improving pedestrian access to the station from the TUC,
identifying stormwater detention solutions that preserve area on -site for future transit
oriented development opportunities, off -site road improvements, and ensuring adequate
parking capacity over the long term.
6300 Southcenter Boulevard, Suite #100 e Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206- 431 -3665
NOLA, 1,17
City 1 Jim Haggerton, Mayor
Q v O Department of Community Development Jack Pace, Director
/90
December 12, 2007
NOTICE OF DECISION
TO: Paul Cornish, Applicant
King County Assessor, Accounting Division
Washington State Department of Ecology
Agencies with Jurisdiction
This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following
project and permit approval.
I. PROJECT INFORMATION
Proiect File Number: L07 -065
Applicant: Sound Transit
Type of Permit Applied for: Unclassified Use Permit.
Proiect Description: Unclassified Use Permit for the continued operation of the temporary
commuter rail station.
Location: 7301 S. Longacres Way
Comprehensive Plan
Desisnation/Zonina Tukwila Urban Center (TUC)
District:
II. DECISION
SEPA Determination: Sound Transit Tacoma -to Seattle Commuter Rail Environmental
Assessment (FTA and Sound Transit, June 1998).
Decision on Substantive Permit: The City Council has determined, following an open record hearing,
that the application for an unclassified use permit does comply with applicable City and state code
requirements and has approved the extension of the application, subject to the following three
conditions, until December 31, 2012, based on the findings and conclusions contained in the staff
report.
1
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665
1. For the next five years until the permanent station is open and
operational:
a. Sound Transit shall provide the DCD Director with parking utilization
counts for the Tukwila Station parking lot on a bi- annual basis. The schedule and
methods for these counts shall be subject to approval by the DCD Director. If at
any time during this period the number of parked vehicles is equal to or exceeds
95% of existing capacity, Sound Transit shall identify and implement, as soon as
practically possible, and at its sole cost, effective mitigation measures.
b. In the event that the City of Tukwila or Sound Transit receive complaints
from property owners or tenants regarding spillover parking by station patrons in
nearby parking areas, Sound Transit shall identify and implement, as soon as
practically possible, and at its sole cost, effective mitigation measures.
c. Any mitigation measure implemented pursuant to these conditions must
be acceptable to the DCD Director, and may include those measures identified by
Sound Transit through its comprehensive analysis of system wide parking
strategies in the System Access and Parking Committee process anticipated to
occur in 2008, including reducing parking demand through such methods as
coordinating transit service improvements and vanshares; providing additional
bicycle parking; increasing parking supply by using the adjacent vacant lot
owned by Sound Transit as temporary parking; or obtaining temporary shared
parking agreements for overflow parking with nearby property owners.
d. Sound Transit shall provide City Council updates twice a year on the
status of planning, construction and funding for the permanent station. The
updates will be scheduled to coincide with design, engineering, and construction
milestones for the permanent station project, and will also include a summary of
maintenance that has occurred at the station and updates on ridership and service
changes.
2a. Within 90 days of approval of the UUP, the following list of
improvements and coordination must be completed by Sound Transit:
Install slip resistant surfaces on ramps and stairs, to reduce slippery
surfaces.
Install a handrail on each side of each access ramp.
Install an emergency call -box in a location to be determined by
Sound Transit.
Install signage that provides the station address and contact
information for emergencies.
Provide two benches for southbound passengers on the western
track.
Upgrade or replace the guard shelter to provide more windows that
allow for better surveillance of the site.
2
2b. Within 180 days of approval of the UUP, the following list of
improvements and coordination must be completed by Sound Transit:
Replace and install station identification signage in a manner not
requiring the sign posts to be installed in buckets of concrete.
Install two signs that inform the public as to the temporary nature of
the station, provides an update on the status of the permanent station,
invites them to participate in the design process, and provides project
contact information. Each sign shall be installed in a visible and
highly trafficked location; one in the parking lot and one on the
station platform.
Meet with Metro transit planners and Tukwila Public Works and
Department of Community Development staff to discuss short-term
and long -term coordination of transit to and from the
temporary commuter rail station. (Any change to Metro service
requires King County approval.)
Provide an additional ten bicycle storage units in order to
accommodate the current wait list for bicycle parking.
2c. All actions implemented pursuant to the above conditions must
be acceptable to the DCD Director. Time frames may be modified by the
DCD Director upon showing good cause.
3. Sound Transit shall replace the existing temporary artwork by September 30,
2008. Sound Transit and the City shall define the artist selection and review process.
Sound Transit shall explore using the installation as both an art piece and a shelter from
wind and rain.
The Decision on this Application is a Type 5 decision pursuant to Tukwila Municipal Code
18.104.010. Other land use applications related to this project may still be pending.
III. YOUR APPEAL RIGHTS
No administrative appeal of the City Council Decision is permitted.
Any party wishing to challenge the City Council Decision must file an appeal in King County
Superior Court pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal
of the City Council decision is properly filed in Superior Court within such time limit, the Decision
on this permit will be final.
IV. INSPECTION OF INFORMATION ON THE APPLICATION
Project materials including the application, any staff reports, and other studies related to the permits
are available for inspection at the Tukwila Department of Community Development, 6300
Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between
8:30 a.m. and 5:00 p.m. The project planner is Lynn Miranda, who may be contacted at 206 -433-
7162 for further information.
3
Co UNCIL AGENDA SYNOPSIS
IV* k Z Initials ITEM NO.
i �'1,' �{y 1E1 Meeting Date I Prepared by 1 Mayor's review 1 Council review
"tiV‘ ,os I 8/18/08 1 DMA Adz
1908 I I
44C,,
ITEM INFORMATION
CAS NUMBER: 08-099 ORIGINAL AGENDA DATE: AUGUST 18, 2008
AGENDA ITEM TITLE Turnover of Public Infrastructure at SC -3 Retail Building
CA I'EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 8/18/08 lvItg Date /kItg Date illtg Date Mtg Date Mtg Date
SPONSOR Council ma Adm Svcs DCD Finance Fire legal P Police PW
SPONSOR'S Accept turnover of the storm drainage system as part of the development of the SC -3
SUMMARY Retail Building located at 17401 Southcenter Parkway. These improvements are valued at
$80,000.00 and include 181 LF of 36" storm pipe and catch basins. Public Works staff
inspected the facilities and all permits were signed off and ready for turnover.
REV tr:WED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAI'B: 08/12/08
RECOMMENDATIONS:
SPONSOR /ADMIN. Accept turnover of public infrastructure.
CoMInTrEE Unanimous approval, forward to Regular Consent Agenda
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
08/18/08
MTG. DATE ATTACHMENTS
08/18/08 Information Memo with site maps dated August 5, 2008
Layout of Stores
Infrastructure Detail Drawings
Transportation Committee Minutes from August 12, 2008
INN FORMATION MEMO
TO: Mayor Haggerton
FROM: Public Works Director
DATE: August 5, 2008
SUBJECT: Turnover of Storm Drainage System located within a Public storm drainage
easement at 17401 Southcenter Parkway
ISSUE:
Accept turnover of storm drainage system, constructed within an existing replacement public easement,
as part of the development known as the SC -3 Retail Building Development.
SC -3 Retail Building (formerly Winners Restaurant and now Famous Footwear, Casual
Male XL, T- Mobile, The Vitamin Shoppe)
Site Address —17401 Southcenter Parkway
Permit No. D05 -008
Parcel No. 262304 -9120
BACKGROUND:
The SC -3 Retail Building Development is now completed. As a condition of the development, the SC -3
Retail Building Development included the construction of 181 LF of 36" storm pipe, two (2) Type 2 84"
catch basins, two (2) Type 2 54" catch basins and appurtenances. The value of the transferred assets from
the Developer to the City of Tukwila is $80,000.00.
Conditions were placed on the development to provide the following turnover documents:
1. Letter from owner requesting turnover
2. List of Materials /Costs (city format)
3. Deed of Conveyance of Public Improvements
4. Storm Drainage Replacement Easement (King County Rec. No. 20060505000087)
5. Two -year maintenance bond
6. As -built plans and CD for proposed public facilities
The proposed public facilities have been constructed to City standards and inspected by Public Works
staff and are now ready for turnover as public infrastructure.
RECOMMENDATION:
Request Transportation Committee move to consent agenda to authorize Mayor to sign acceptance forms.
Attachments: Vicinity Maps
Layout of stores
Infrastructure Detail Drawing
cc: Development File No. D05 -008
*NOTE: All documents are available in Public Works and will be 'resented at the meetings.
P:\PW Development Engineering Turnover info memo 080508.doc
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.:2. Cal? of Tukwila
tsP. Transportation Committee
TRANSPORTATION COMMITTEE
Meeting Minutes
August 12, 2008 5:00 p.m. Conference Room #1
PRESENT
Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn
Staff: Jim Morrow, Bob Giberson, Robin Tischmak, Mike Ronda and Kimberly Matej
CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. 2008 Overlay Repair Program Construction Management Supplement with KPG. Inc.
Staff is seeking full Council approval for Supplemental Agreement Number 1 with KPG, Inc. in the amount
of $42,719.72 for construction management and inspection services relative to the 2008 Overlay and Repair
Program.
KPG, Inc. provided engineering design services for the 2008 Overlay Repair Program. On July 7, 2008,
the Council awarded a contract to Watson Asphalt Paving Company for project construction. This
supplement agreement with the project design consultant will provide part-time on -call construction
management support and engineering consulting services during project construction.
This portion of the project has come in under budget because a greater amount of City staff is being utilized
to supplant contract staff. Next year, this overlay and repair program is anticipated to begin earlier since the
project design consultant was selected for a two year period (2008- 2009).
Committee Chair Linder requested some clarifications be made in the informational memo submitted to full
Council regarding budget details. UNANIMOUS APPROVAL. FORWARD TO AUGUST 25 COW
FOR DISCUSSION.
B. Tukwila International Boulevard Phase II and III Update
Since TIB Phase II and III construction bids are anticipated to be advertised in September, staff wanted to
provide a project update to the Committee prior to bid advertisement.
Staff discussed some of the project challenges and changes that have taken place since the project's
inception in December 2002. The following four areas are currently be worked on and addressed by staff:
Right of Way Certification
Washington State Dept tment of Transportation Permitting
Utility Coordination
Community Outreach INFORMATION ONLY.
C. Infrastructure Turnover Documents for SC -3 Retail Building
Staff is seeking full Council authorization for the Mayor to sign acceptance forms for the turnover of the
V storm drainage system located within the public storm drain easement at 17401 Southcenter Parkway. This
_7 development area is also known as the SC -3 Retail Building Development (formerly Winners, currently
Famous Footwear, The Vitamin Shoppe, etc.).
Transcortefion Committee Minutes Auausf 12.2008 Pape 2
Now that the retail building is complete, the developer is transferring assets of the storm drainage system to
)J( the City. This infrastructure will be added to City inventory, and is valued at $80,000. The storm drainage
system has been constructed to City standards and has been inspected by staff. UNANIMOUS
APPROVAL. FORWARD TO AUGUST 18 REGULAR MEETING CONSENT AGENDA.
D. 2008 2n Ouarter Renort
The Committee reviewed the status of program goals as outlined in the 2008 2n Quarter Report.
INFORMATION ONLY.
III. ANNOUNCEMENTS
No announcements.
W. MISCELLANEOUS
Jim Morrow showed pictures from the current levee repair work and pointed out a hole that was discovered
during the repair process. The hole was caused by scour and is 15 feet deep and 84 feet wide. The identification
of this hole reiterates the importance of laying the levee back and making the area sound.
The levee rebuild is expected to be complete by October 15.
Meeting adjourned at 5:52 p.m.
Next meeting: Tuesday, August 26, 2008 5:00 p.m. Conference Room 1
.SL_- Committee Chair Approval
Minutes by KAM. Reviewed by BG.
COUNCIL AGENDA SYNOPSIS
s `r Initials ITEM NO.
1t, ∎1 Meeting Date 1 Prepared by I Mayor's re ew I aincil review I
O 08/11/08 BG t_ �'`�,.t, i I
08/18/08 BG r• A I
fltife 1
rsoa I 1 41 I I Li 1
1 1
ITEM INFORMATION
CAS NUMBER: 08-097 I ORIGINAL AGENDA DATE: AUGUST 11, 2008
AGENDA ITEM TITLE Bid Award for Standby Power Upgrades Year One
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 8/11/08 Mtg Date Mtg Date Illtg Date Mtg Date 8 /18 /08 Ibltg Date Il itg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PI/
SPONSOR'S The Standby Power Upgrades Year One project includes installation of standby
SUMMARY generators and all associated equipment to City Hall and Fire Stations #52, #53, and
#54. This project was advertised for bid on July 9 and 16, 2008 with two bids opened
on July 24, 2008. The low bid of $523,200.00 was from Ebenal General, Inc.
References indicate that Ebenal General has performed very well on similar size and
type projects.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 08/04/08
RECOMMENDATIONS:
SPONSOR /ADMIN. Award contract to Ebenal General, Inc.
COMMIrrEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$523,200.00 $764,000.00 $0.00
Fund Source: 000.20 (page 144, 2008 Budget)
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
8/11/08 Forward to next Regular Meeting
8/18/08
MTG. DATE ATTACHMENTS
8/11/08 Information Memo dated July 28, 2008
Bid Opening from July 24, 2008
City Council Regular Meeting Minutes from May 21, 2007
Utilities Committee Meeting Minutes from August 4, 2008
8/18/08 No attachments
COUNCIL AGENDA SYNOPSIS
y S Itritialr ITEM NO.
o 1 Meeting Date Prepared by 1 Mayors review 1 Council review
tts‘ 'o 1 08/11/08 1 )P■ I h 1 L I- 1 177.7
+`a.=" 08/18/08 I ]P 1- I 1 (o q-
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ITEM-INE-ORMATION
CAS NUMBER: 08-098 I ORIGINAL AGENDA DA 1E: AUGUST 11, 2008
AGENDA ITEM TITLE A resolution authorizing the Mayor to enter into a Development Agreement with
Mastro Properties for a multi family condominium project.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 08 -11-08 Ibftg Date Ibltg Date 08/18/08 Alts Date Illtg Date Illtg Date 08/18/08 IlMtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/
SPONSOR'S Development Agreement with Mastro Properties for a multi family condominium project.
SUMMARY
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 07/28/08
RECOMMENDATIONS:
SPONSOR /ADIrN. Consideration and discussion by Council
COM.rrrlEE Unanimous Approval; Forward to Committee of the Whole
COSTJMPACr FUND S_O_URCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG DATE 1 OF-COUNCIL ACTION
08/11/08 Forward to next Regular Meeting
MTG. DATE ATTACHMENTS
08/11/08 Informational memorandum dated 8/6/08
Draft resolution with attached Develoment Agreement with Mastro Properties 1
2006 Development Agreement with Fountain Park
Design schematics for the previously approved project
Minutes from the Community Affairs and Parks Committee meeting of 7/28/08
08/18/08 Resolution in final form with attached Development Agreement
cc!_
a 1 i
;o%
C ity of Tuk
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO A
DEVELOPMENT AGREEMENT WITH MASTRO PROPERTIES FOR THE
DEVELOPMENT OF A MULTI -FAMILY CONDOMINIUM PROJECT.
WHEREAS, the City previously entered into a Development Agreement with Fountain
Park, LLC, for the development of a mixed -use, owner occupied residential project at the
property located north of Longacres Way /south of I405 and between Union Pacific
Railroad and BNSF Burlington Northern Santa Fe Railroad tracks, described as King County Tax
Parcel Number 2423049037; and
WHEREAS, that agreement was duly executed as Contract No. AG06 -097, and
recorded with the King County Recorder's Office Recording Number 20061120001126; and
WHEREAS, since construction of Fountain Park development did not commence, the
Fountain Park Development Agreement expired; and
WHEREAS, Mastro Properties subsequently acquired the property by deed in lieu of
foreclosure; and
WHEREAS, the City and Mastro Properties now mutually agree to enter into a
Development Agreement to proceed with the development as contemplated in the
Fountain Park Development Agreement and agree to be bound by its terms and conditions;
and
WHEREAS, on August 18, 2008, the Tukwila City Council held a public hearing to
consider this Development Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Sect 1. The City Council approves and hereby authorizes the Mayor to execute the
Development Agreement with Mastro Properties, attached hereto, and made a part hereof
by reference.
Section 2. The City Clerk is hereby directed to record a fully- executed copy of this
Development Agreement with the King County Recorder's Office.
Section 3. This resolution shall become effective immediately upon its adoption.
PASSED BY THE C1"1'Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Council Meeting thereof this day of 2008.
ATTEST /AUTHENTICATED:
Joe Duffie, Council President
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Office of the City Attorney Resolution Number:
Attachment Development Agreement with Mastro Properties
C:\Documents and Settings \Alt Users \Desktop1Ke11}'MSDATA Resolutions \Tukisila Station Mastro Properties.doc
MD :ksn 8/1212008 Page 1 of 1
DEVELOPMENT AGREEMENT BETWEEN MASTRO PROPERTIES
AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF A
MULTI- FAMILY CONDOMINIUM PROJECT
I. PREAMBLE
This DEVELOPMENT AGREEMENT "Agreement between MASTRO
PROPERTI KS "Developer and the CITY OF TUKWILA "City") is entered into pursuant to
the authority of RCW 36.70B.170 through .210, under which a local government may enter into
a development agreement with any entity having ownership or control of real property within its
jurisdiction.
II. RECITALS
A. The City previously entered into development agreement #06 -097 with Fountain
Park, LLC "Fountain Park King County recording no. 20061120001126, for the development
of a mixed -use, owner- occupied residential project in the Transit- Oriented Development
"TOD area of the Tukwila Urban Center "TUC It was contemplated that this
development, commonly known as "Tukwila Townhomes," would be an approximately 300 unit
mixed -use residential development with approximately 5,000 square feet of retail space, more
fully explained in the design schematics submitted to the City on September 12, 2006 by a prior
developer.
B. The Fountain Park development agreement also included a property exchange and
a temporary easement provision to facilitate the "Strander Project." This project included the
relocation of Union Pacific Railroad "UPRR right -of -way and track from its current location
to a location adjacent to and west of the existing Burlington Northern right -of -way. It was
agreed that upon UPRR's vacation of its current right -of -way to the City, the City would also
convey a portion of the vacated right -of -way to Fountain Park.
C. The City and Fountain Park completed the property exchange and the only
pending land exchange relates to 43 feet of the UPRR right -of -way. The condition for the
expiration of the temporary easement has been met; therefore, the temporary easement has
expired.
D. The Tukwila Station development proposed by Fountain Park, however, was
never built. A portion of the land transaction was completed, and 43 feet of UPRR right -of -way
exchange is pending. However since the construction of Fountain Park development did not
commence, the Fountain Park development agreement expired.
E. The Developer subsequently acquired the Fountain Park property by deed in lieu
of foreclosure since the Developer was the lender to Fountain Park. The Developer would like to
proceed with the development as contemplated in the Fountain Park development agreement,
which was for the development of a mixed -use, owner occupied residential project with
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approximately 300 residential units and approximately 5,000 square feet of retail space, more
fully explained in the design schematics submitted to the City on September 12, 2006, by a prior
developer. This is agreeable to the City.
F. As portions of the Fountain Park development agreement are no longer applicable
and to clarify those portions that are still in effect, the parties have agreed to enter into this
development agreement.
G. A development agreement must be approved by ordinance or resolution after a
public hearing (RCW 36.70B.200).
H. A public hearing for this development agreement was held on August 18, 2008,
and the City Council approved this development agreement by Resolution on
BASED ON THE FOREGOING, and because successful development will be of long
term benefit to the City and Developer, the parties hereby agree as follows:
111. AGREEMENT
3.1. The Property. The property is legally described in Exhibit A, attached hereto and
incorporated herein by this reference, located at 7300 Longacres Way, Tukwila, WA, Assessor's
property tax number 2423049137, "Property
3.2 Parties.
A. The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188.
B. The "Developer" is a private enterprise which owns the Property in fee, and
whose principal office is located as follotivs: Mastro Properties, 510 Rainier Avenue South,
Seattle, WA 98144.
3.3 Effective Date. This Agreement shall become effective upon approval by the Tukwila
City Council and execution by both Parties.
3.4 Termination of Previous Agreements. All previous development agreements entered into
by the City related to this Property and/or the Tukwila Station development are terminated. This
provision shall survive the expiration of this Agreement.
3.5 Vested Rights. Developer shall be vested to the following approvals for three years from
the effective date of this Agreement:
A. Design Review Approval granted by the City's Board of Architectural Review
dated April 29, 2005. File Number L05 -015.
B. Conditional use peuliit approved by the City's Planning Commission on April 29,
2005. File Number L05 -014.
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3.6 Previously Agreed Upon Terris.
A. Upon completion of the relocation of the UPRR tracks and the City's acquisition
of the existing UPRR right -of -way "Union Pacific Site more fully described in Exhibit B,
attached hereto, the City shall convey to Developer for peinianent parking purposes the Union
Pacific Site. This conveyance shall be detailed in a faunal conveyance document that will be
executed at the time the City acquires the Union Pacific Site. As part of the conveyance,
Developer shall provide the City with a bond or assigned saving account for 150% of the
estimated cost of constructing peiuianent parking on the Union Pacific Site. This pemianent
parking shall be in confouuiance with all applicable City regulations and shall be completed
within two years of the City's conveyance of the Union Pacific Site.
B. Upon public notice by the City of its intent to sell the approximately 57 feet of
remaining vacated UPRR right -of -way running adjacent to the Union Pacific Site, Developer
shall submit a bid to the City in confomnance with the City's bid requirements for the purchase
of this property. Developer's bid shall be no less than the property's Fair Market Value at the
time the City makes the property available for sale.
C. Developer shall extend the existing sidewalk, located on the north side of the
Tukwila Station property, west to the intersection with West Valley Highway. The construction
and design standards of the sidewalk must be acceptable to the City's Public Works Director.
D. The City is not responsible for procuring parking for Developer's development
that was lost due to the termination of the Fountain Park temporary parking easement.
E. This Agreement does not guarantee any project approval or that other conditions
outside the terms of this Agreement will not be imposed by the City.
3.7 Termination.
A. This Agreement may be temiinated upon mutual agreement of the Parties.
B. This Agreement shall terminate upon the abandonment of the development by
Developer or if Developer does not construct the development as contemplated by the approval
identified above.
C. This Agreement shall terminate if Developer fails to submit complete
development permit applications within one year from the effective date of this agreement.
IV. GENERAL PROVISIONS
4.1 Covenants Running With the Land. The conditions and covenants set forth in this
Agreement and incorporated herein by the exhibits shall run with the land and the benefits and
burdens shall bind and inure to the benefit of the parties. The Developer and every purchaser,
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assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and
bound by the temis and conditions of this Agreement, and shall be the beneficiary thereof and a
party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or
transferred to it. Any such purchaser, assignee or transferee shall observe and fully perfoini all
of the duties and obligations of a Developer contained in this Agreement, as such duties and
obligations pertain to the portion of the Property sold, assigned or transferred to it.
4.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble
paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth
herein.
4.3 Severability. If any teitn or provision in this Agreement, or the application of any tens or
provision in this Agreement to a particular situation, is held by a court of competent jurisdiction
to be invalid, void, or unenforceable, the remaining tei_nis and provisions of this Agreement, or
application of this Agreement to other situations, shall continue in full force and effect unless
amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any
material provision of this Agreement or the application of such provision to a particular situation
is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by
providing written notice of teilnination to the other Party.
4.4 Applicable Law/Venue. This Agreement shall be construed and enforced in accordance
with the laws of the State of Washington. The venue for any dispute arising under this
Agreement shall be King County Superior Court.
4.5 Notice of Default/Opportunity to Cure/Disnute Resolution. In the event a Party, acting in
good faith, believes the other Party has violated the teens of this Agreement, the aggrieved Party
shall give the alleged offending Party written notice of the alleged violation by sending a detailed
written statement of the alleged breach. The alleged offending Party shall have thirty (30) days
from receipt of written notice in which to cure the alleged breach. This notice requirement is
intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation.
Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process
for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the
terms of this Agreement shall not be filed until the latter of (a) the end of the 30 -day cure period,
or (b) the conclusion of any dispute resolution process.
4.6 Attorneys' Fees. In the event of any litigation or dispute resolution process between the
Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any
award of attorneys' fees.
4.7 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto
only and is not intended to benefit any other person or entity, and no person or entity not a
signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever
under this Agreement. No other person or entity not a Party to this Agreement may enforce the
tennis and provisions of this Agreement.
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4.8 Entire Agreement. This Agreement and its exhibits represent the entire agreement of the
Parties with respect to the subject matter hereof. There are no other agreements, oral or written,
except as expressly set forth herein.
4.9 Authority. The Parties each represent and warrant that they have full power and actual
authority to enter into this Agreement and to carry out all actions required of them by this
Agreement. All persons are executing this Agreement in their representative capacities and
represent and warrant that they have full power and authority to bind their respective
organizations.
4.10 Recording. The Tukwila City Clerk shall record an executed copy of this Agreement
with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days
after all parties have signed the agreement.
4.11 Legal Representation. In entering into this Agreement, Developer represents that it has
been advised to seek legal advice and counsel from its attorney concerning the legal
consequences of this Agreement; that it has carefully read the foregoing Agreement and knows
the contents thereof, and signs the same of its own free act; and that it fully understands and
voluntarily accepts the teuiis and conditions of this Agreement.
4.12 Minor Modifications. Minor modifications from the approved development or the
exhibits attached hereto may be approved by the City's Department of Community Development
Director in accordance with the provisions of the City's code and shall not require an amendment
to this Agreement.
Nothing Agreement shall be construed to diminish, 3 Police Power. I�othin in this .l g gr restrict or limit
the police powers of the City granted by the Washington State Constitution or by general law.
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IN WITNESS WHEREOF, this Agreement has been entered into by and between
Developer and the City of Tukwila.
MASTRO PROPERTIES CITY OF TUKWILA
Date: Date:
By: By:
Its: Jim Haggerton, Mayor
Approved as to Foini:
Shelley Kerslake, City Attorney
STATE OF WASHINGTON
ss:
COUNTY OF KING
On this day of 2008, before me personally appeared
in (his/her) capacity as of Mastro
Properties, a who executed the within and foregoing instrument,
and acknowledged the said instrument to be a free and voluntary act and deed for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Printed Name:
NOTARY PUBLIC in and for the State of
Washington
Residing at:
My commission expires:
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STATE OF WASHINGTON
ss:
COUNTY OF KING
On this day of 2008, before me personally appeared
Jim Haggerton, known to me to be the Mayor of the City of Tukwila, a Washington municipal
corporation that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Printed Name:
NOTARY PUBLIC in and for the State of
Washington
Residing at:
My commission expires:
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1
Exhibit A
LEGAL. DESCRIPTION
LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY
RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON.
AND THAT POR770N OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SEC770N 24,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF
THE BURLINGTON NORTHERN RAILROAD RIGHT —OF —WAY, EAST OF 77-1E UNION PACIFIC RAILROAD
RIGHT —OF —WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID
DONATION CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY.
AND THE EAST 43.00 FEET OF THAT PORTION OF THE 100 FOOT WIDE UNION PACIFIC RAILROAD
RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL AND PACIFIC RAILROAD) LOCATED IN
THE SOUTHWEST QUARTER OF SEC770N 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN
KING COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY
AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER 1 (INTERSTATE 405)
EXCEPT THE EAST 100.00 FEET OF ALL OF THE ABOVE.
THE ABOVE DESCRIBED PARCEL CAN BE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED
UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY,
WASHINGTON. AND THAT PORTION OF 77-1E HENRY MEADER DONATION CLAIM NO. 46 AND OF
SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1 THENCE N66 23'08 "E ALONG THE NORTH
LINE THEREOF 25.89 FEET TO POINT ON A CURVE WHOSE RADIUS POINT BEARS S6728'24 "W A
DISTANCE OF 1735.00 FEET THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT, SAID
CURVE ALSO BEING PARALLEL TO AND 100 FEET WESTERLY OF 77-IE WESTERLY MARGIN OF THE
BURLINGTON NORTHERN RAILROAD RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 1827'07"
AN ARC LENGTH OF 558.75 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY
ALONG A CURVE TO THE RIGHT SAID CURVE ALSO BEING PARALLEL TO AND 100 FEET
WESTERLY OF THE WESTERLY MARGIN OF SAID RAILROAD RIGHT OF WAY, HAVING A RADIUS OF
2328.49 FEET THROUGH A CENTRAL ANGLE OF 06'11'57 AN ARC LENGTH OF 251.93 FEET;
THENCE S02"07'28 "W ALONG A LINE WHICH IS PARALLEL TO AND 100 FEET WESTERLY OF THE
WESTERLY MARGIN OF SAID RAILROAD RIGHT OF WAY A DISTANCE OF 555.03 FEET TO THE
GENIERLINE OF LONGACRES WAY, THENCE S8T07'47 "W ALONG SAID CENTERLINE 239.32 FEET
TO 77-1E CENTERLINE OF THE EXISTING TRACKS OF THE UNION PACIFIC RAILROAD; THENCE
NO337'43 "E ALONG SAID CENTERLINE 969.09 FEET; TO A POINT OF CURVE TO THE LEFT;
THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 3730.49 FEET
THROUGH A CENTRAL ANGLE OF 02'44'10 AN ARC LENGTH OF 178.14 FEET TO A POINT OF
COMPOUND CURVATURE; THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT HAVING A
RADIUS OF 1878.02 FEET THROUGH A CENTRAL ANGLE OF 0644'42 AN ARC LENGTH OF
221.08 FEET TO THE SOUTHERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1;
THENCE N66 23'08 "E ALONG SAID RIGHT OF WAY MARGIN 45.10 FEET TO A POINT ON A CURVE
WHOSE RADIUS POINT BEARS S83'44'15 "W A DISTANCE OF 1921.02 FEET; THENCE SOUTHERLY
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 01'02'03", AN ARC LENGTH
OF 34.67 FEET TO THE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
CONTAINING AN AREA OF 262,050 SQUARE FEET MORE OR LESS.
TUKWILA TOWNHOMES EXHIBIT `A' Pacific 15445 53RD AVE_ S.,
SEATTLE, WA 98188
Engineering PHONE
PROJECT NO.: 08006 (220) 431 7970
DRAWN BY: CJs Design, LLC (2os) 3aa ,548
ISSUE DATE 07 -23-08 .£e S
EXHIBIT 1 Civil Engineering and v
PACENG.C
OM
PAGE 1 OF 1 Planning Consultants
08005EX —A LEGAL DESCRP.OWG
kIIBIT B1
PROPOSED LEGAL. DESCRIPTION
AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD
AND ACQUIRED BY MASTRO PROPERTIES
THE EAST 43.00 FEET OF.TNE FOLLOWING DESCRIBED PARCEL:
THAT PORTION OF THE 100 FOOT WIDE UNION PACIFIC RAILROAD
RIGHT OF WAY (A.K.A.'CHICAGOOMILWAUKEE ST.•PAUL.. AMD PACIFIC
RAILROAD} LOCATED IN THE SOUTHWEST QUARTER OF SECTIQN
TOWNSHIP. 23 NORTH{ "BANGS 4 EAST,- W.M., IN COUNTY, 2.
WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF
LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY, "NUMBER.1. (INTERSTATE 405
CON TAINING "AN AREA OF 59,180 SQUARE FEET MORE OR LES
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SC)- 158TH
COUNCIL AGENDA SYNOPSIS
ryyygcPy
Initial ITEM No.
I" Medini Date I Prepared by 1 Mayor's review I Counal review
08/11/08 1 BF I r
08/18/08 1 BF 1 �j,t,� 1 W)
rsoa
I I I
ITEM INFORMATION
I CAS NUMBER: lam' 08-096 ORIGIN_1LAGEND.1 DATE: AUGUST 11, 2008
AGENDA ITEM Tram: A resolution authorizing application to the Recreation Conservation Office (RCO) for
funding assistance for the Duwamish Riverbend Hill project.
C.V1'1 GORY Discussion Motion Resolution Ordinance Bid Award l Public Hearing Other-
11tg Date 08/11/08 Mtg Date Mtg Date 08 /18 /08 Mtg Date Mtg Date /Its Date lltg Date
(SPONSOR Council Mayor Adm Svcs I 1 DCD Finance 1J Fire I 1 Legal P&R n Police Pl
SPONSOR'S The Parks and Recreation Department is seeking authorization to apply for grant funding
SUNI\I \RY from the Land Water Conservation Fund (LWCF) in the amount of $220,000 from the
Washington Recreation and Conservation Office (RCO). A resolution of the City Council
authorizing grant application is required by the RCO in order to accept the LWCF funds. It
is the recommendation by the Director of Parks and Recreation to authorize the resolution
for formal application.
R1'a'11':1'im BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. [1 Parks Comm. Planning Comm.
DATE: 7/28/08
RECOMMENDATIONS:
SPONSOR /ADMIN. Passage of Resolution
COMMr1TEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EZPI.,NDI1'URI. RI OUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$110,000
Fund Source: 2008 CIP BUDGET
Comments: $110,000 from the approved 2008 CIP budget will be utilized as match for the grant request. If successful,
funding will he combined with over $500.000 alreadv serurpd in other arantina pffnrtc_
MTG. DATE RECORD OF COUNCIL ACTION
08/11/08 Forward to next Regular Meeting
MTG. DATE 1 ATTACHMENTS
08/11/08 Informational memorandum dated 7/22/08
Draft resolution
Minutes from the Community Affairs and Parks Committee meeting of 7/28/08
08/18/08 1 Resolution in final form
y( f
jg J� W,9SZFr`�l
_/962.__
C ity of Tuk
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING APPLICATION TO THE RECREATION
AND CONSERVATION OFFICE FOR FEDERAL FUNDING ASSISTANCE
FOR THE DUWAMISH RIVERBEND HILL LAND AND WATER
CONSERVATION PROJECT, A LAND AND WATER CONSERVATION
FUND (LWCF) PROGRAM PROJECT, AS PROVIDED_ IN THE LWCF ACT
OF 1965, AS AMENDED.
WHEREAS, the City has an approved Comprehensive Plan that includes the
Duwamish Riverbend Hill Land and Water Conservation Project," and the Tukwila
City Council considers it in the best public interest to complete the project; and
WHEREAS, under the provisions of LWCF, Federal funding assistance can be
requested to aid in financing the cost of land acquisition and /or facility development;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
1. The Mayor is hereby authorized to make formal application to the Recreation
and Conservation Office for funding assistance for the Duwamish Riverbend Hill Land
and Water Conservation Project.
2. Any funding assistance received is to be used for implementation of the
Duwamish Riverbend Hill Land and Water Conservation Project.
3. The City hereby certifies that its share of the project funding is committed and
will be derived from the City's Capital Improvement Program.
4. The City acknowledges they are responsible for supporting all non -cash
commitments to the sponsor share should they not materialize.
5. The City acknowledges that any property acquired or facility developed with
financial aid from the Recreation and Conservation Funding Board (RCFB) must be
placed in use for the Duwamish Riverbend Hill Land and Water Conservation Project,
and be retained in such use in perpetuity unless otherwise provided and agreed to by
the City of Tukwila and the National Park Service.
6. This resolution will become part of the formal application to the Recreation and
Conservation Office.
7. The City of Tukwila has provided appropriate opportunity for public comment
on this application.
8. The City of Tukwila acknowledges that LWCF grants are Federal funds and, as
such, the City must comply with all applicable Federal laws.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Council Meeting thereof this day of 2008.
ATTEST/ AUTHENTICATED:
Joe Duffle, Council President
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Office of the City Attorney Resolution Number:
C:\Documents and Settings\All UserIDessktop \Kelly WISDATA'Resolutions\LWCF Duwamish Riverbend Hill.da;
RL:ksn 81122oo8 Page 1 of 1
COUNCIL AGENDA SYNOPSIS
•pItLA,
y Initial ITEM NO.
-4 1 S I
.r il4eeti4g Date Prepared by I Mayors review Councjpreview I
4 i �Al p
t 08/18/98 DCS 1 1
rsoa
ITEM INFORMATION
CAS NUMBER: 08-100 I ORIGINAL AGENDA DATE: AUGUST 18, 2008
AGI;ND.\ ITIa[ Tukwila Village: Developer presentations of proposals for Tukwila Village
Discussion Motion Resolution Ordinance 1 1 BidAward (i Public Heating Other
Mfg Date 08/18/08 litg Date lltg Date Mtg Date Mlltg Date Illtg Date lltg Date
1SP()NSOR Council Mayor Adm Svcs DCD Li Finance Fire 1 1 Legal 1 1 P&R Police 1 1 PIV
SPONsoR's Two developers have submitted proposals to develop Tukwila Village. At this meeting
SLIMML\RY both developers will present their proposals and answer questions. Over the next few
weeks, the Council will decide whether to begin negotiations with one of the developers.
BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
1 Utilities Cmte n Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Discussion
COMINIIT 'EL
COST IMPACT FUND SOURCE
ELPI .,NDITURI RI ;QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Con
MTG. DATE I RECORD OF COUNCIL ACTION
1 MTG. DATE ATTACHMENTS
08/18/08 Informational memo providing a basic statistical comparison of the proposals dated 8/12/08
Informational memo comparing statistics for proposed housing dated 8/14/08
Informational memo comparing developer experience dated 8/14/08
....(Please bring the 2 proposals from the developers distributed in July,)
lt a City of Tukwila Jim Haggerton, Mayor
�r� 0
orte- 0 1 Office of the Mayor
(P r•, 2
6200 Southcenter Boulevard
Tukwila, WA 98188
/900, www.ci.tukwila.wa.us
Date: August 12, 2008
To: City Council
Copy: Mayor
City Administrator
Council Analyst
From: Economic Development Ad .r= .r
Re: Tukwila Village Proposals Statistical Comparison
Attached is a chart comparing the basic statistics for the two developers' proposals for Tukwila
Village. The purpose of this chart is to provide an overview and help you recognize the
differences related to:
The estimated price the developers would pay the City for the property
The amount and type of development (e.g. retail, plaza, commons, housing)
The phasing of the development
Type and amount of parking
Please note: "structured parking" is generally at or above grade level, "underground" is generally
below grade level. Also, the parking is shown in terms of numbers of spaces and amount of
square feet. These are just two different ways of looking at the same amount of parking.
Tarragon's proposal refers to "residential living units My understanding is that these are
apartments and so I have shown them in that category. I am not sure about Tarragon's
townhouses.
Legacy's proposal states the townhouses would be for sale. The townhouses and senior
apartments in the Legacy proposal would be developed by the Low Income Housing Institute
(UHT) with Legacy as the master developer.
There are many other item to consider when comparing proposals. This week I will provide you
a more detailed comparison of the housing units and developer experience and capability. Next
week I will provide you my perspective on how the proposals compare to the evaluation criteria.
Please contact me at 206 -433 -1832 or dspeck @ci.tukwila.wa.us if you have any questions.
Tukwila Village Development Proposals
Statistical Comparison
Legacy Tarragon
Use Units Phase 1 Phase 2 Total Phase 1 Phase 2 Total
Library SF 12,400 12,400 10,000 10,000
Police SF 2,000 2,000 2,230 2,230
Retail SF 10,000 6,500 16,500 41,755 12,715 54,470
Housing
Apartments
SF 175,000 66,340 241,340 122,026 134,805 256,831
Units 200 68 268 144 154 298
Avg SF 750 750 750 847 875 862
Senior Apartments
SF 39,200 39,200
Units 50 50
Avg SF 550 550
Townhouses
SF 30,000 30,000 8,000 8,000
Units 25 25 4 4
Parking
Underground Spaces 270 68 338
Structured Spaces 172 256 428
Surface Spaces 110 12 122 113 113
380 80 460 285 256 541
Parking
Underground SF 47,600 23,800 71,400
Structured SF 69,920 101,590 171,510
Surface SF N/A N/A N/A N/A N/A N/A
N/A N/A N/A N/A N/A N/A
Outdoor plaza SF 8,000 8,000 20,000 20,000
Indoor commons SF 3,400 3,400
Total Gross Building SF 268,600 72,840 341,440 176,011 155,520 331,531
Construction Starts 9/2009 4/2010
Construction Completion 8/2011 4/2012 Total Development Cost $73,546,438 $95,000,000
Estimated Land Value $5,385,608
$2,352,240
Notes
(1) Total gross building square footage does not include parking.
(2) Legacy
The 200 apartments shown in phase 1 include 5 units of live /work artist housing.
Phase 2 could be a 40 to 60,000 square foot office building instead of the 68 apartments.
Of the 12,400 square feet for the library, 2,000 square feet are for future expansion.
(3) Tarragon
The total development cost of $95 'million is an average of a range from $90 to $100 million.
The estimated land value is an average of a range from $2,090,880 to $2,613,000.
(4) "N /A" means information is not available at this time.
(5) Estimated land value is the estimate of the price the developer would pay to buy the land from the City.
Printed: 8/12/2008 5:05 PM
City of Tukwila Jim Haggerton, Mayor
Of
un ali Office of the Mayor
N\ %4R 6200 Southcenter Boulevard
0 Tukwila, WA 98188
6.
www.ci.tukwila.wa.us
Date: August 14, 2008
To: City Council
Copy: Mayor
City Administrator
Council Analyst
From: Economic Developmen Ad r4 •i s r
Re: Tukwila Village Proposals Housing Comparison
Attached is a chart comparing the housing data for the two developers' proposals for Tukwila
Village. The purpose of this chart is to provide an overview identify the differences related to:
The number and type of housing units
The intended renters and owners (ages and incomes)
Affordability (maximum income limits)
In terms of setting aside units at below market rates to ensure affordability, the basic approaches
are:
Legacy: All 200 apai hnents are market rate. The 50 senior apartments would be set aside for
seniors earning 50% or less of the area median income (AMI). The 25 townhouses would be
sold to families earning 80% or less of AMI.
Note: The townhouses and senior apartments in the Legacy proposal would be developed by the
Low Income Housing Institute (LIHI) with Legacy as the master developer.
Tarragon: Of the 297 apartments, 20% (or 59) would be set aside for families earning 80% or
less of AMI.
Note: Tarragon's proposal refers to "residential living units My understanding is that these are
apartments and so I have shown them in that category. I was unable to determine if Tarragon's
townhouses were for rent or for sale.
Please contact me at 206 433 -1832 or dspeck @ci.tukwila.wa.us if you have any questions.
Tukwila Village Development Proposals
Housing Comparison
Legacy Tarragon
Apartments
Studio Units 80 N/A
Average Square Feet 625 N/A
Rent 1,125 N/A
Minimum Income Required 45,000 N/A
1 Bedroom Units 80 N/A
Average Square Feet 750 N/A
Rent 1,237 N/A
Minimum Income Required 49,480 N/A
2 Bedroom Units 40 N/A
Average Square Feet 1,000 N/A
Rent 1,450 N/A
Minimum Income Required 58,000 N/A
Total Units 200 297
Average Square Feet 750 865
Rent 1,235 1,167
Minimum Income Required 49,392 46,697
Units with Maximum Income Limit 0% 20%
Townhouses
2 -3 bedrooms Units 25 4
Average Square Feet 1,200 2,000
Sale Prices or Rent N/A N/A
Minimum income Required N/A N/A
Maximum Income Allowed of AMI) 80% N/A
Senior Apartments
1 Bedroom Units 50
Rent $0 to $813
Minimum Income Required
Maximum Income Allowed 32,550
Maximum Income Allowed of AMI) 50%
Notes
(1) N/A Not available at this time.
(2) Minimum income required is the income needed to for rent to be "affordable" (renter pays no more
than 30% of annual income for rent).
(3) AMI the area median income for families in King County.
(4) Legacy's senior housing would be developed by the Low Income Housing Institute (LIHI).
40 units would be available to seniors aged 62 and higher earning 50% or less of the AMI.
10 units would be available to seniors aged 62 and higher who are currently homeless.
Rent subsidies would be provided to property owner by the HUD 202 program.
(5) Legacy's 2- bedroom units include 5 that would be live -work lofts for artists.
(6) Legacy's townhomes would be developed by the Low Income Housing Institute (LIHI).
All 25 units would be available to first time homebuyers earning 80% and below of KC median income.
(7) Tarragon's apartments would dedicate 20% of the units for families earning 80% or less of the AMI.
Printed: 8/14/2008 9:18 AM
City of Tukwila Jim Haggerton, Mayor
t !iri Office of the Mayor
.t 1 /Z 6200 Southcenter Boulevard
Tukwila, WA 98188
`t• 1908 www.ci.tukwila.wa.us
Date: August 14, 2008
To: City Council
Copy: Mayor
City Administrator
Council Analyst
From: Economic Development Administrator
Re: Tukwila Village Developers Experience Comparison
Attached is a chart comparing the experience and capacity of the two potential developers for
Tukwila Village.
The purpose of this chart is to provide an overview of each firm's size and types of development
experience. Some basic conclusions:
Legacy is a larger company than Tarragon
Tarragon is headquartered in Seattle and Legacy is headquartered in California.
Tarragon has more retail experience in the Seattle market than Legacy
Legacy has constructed more apartments than Tarragon
Note: This chart includes only a small selection of the infouuation contained in the proposals
and earlier submissions for the qualifications process. Most of the infoimation came from the
proposals in which the developers were only asked to provide infoimation on their developments
within the past three years. Thus, the developers may have additional extensive experience prior
to the past few years or in other regions.
Please contact me at 206 433 -1832 or dspeck @ci.tukwila.wa.us if you have any questions.
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N III
r,, COUNCIL AGENDA SYNOPSIS
sy Initials ITEM No.
IP11 MeetinxDate Prepared t1la;a revizv� Councillevievr
if) 08/18/08 1 11.3
ITEM INFORMATION
CAS NUMBER: 08-101 ORIGINAL AGENDA D ;\TI:: AUGUST 18, 2008
AGENDA I1'I',M TITLE Tukwila Police Guild Labor Agreement for 2008 -2010
C. \"1'I n Discussion Motion Resolution Ordinance Bid-Award I I Public Heari Other
!lltg Date /Wig Date 08/18/08 Alt; Date illtg Date /1 kg Date lltg Date Altg Date
SPONSOR n Council ma Adm Svcs DCD Finance n Fire 4gal P &R Police U PTV
SPONSOR'S Council is being asked to authorize the Mayor to sign the 2008 -2010 Labor Agreement
SUMI.\1.\RY between with the Tukwila Police Officers' Guild.
RI?\'II BY 11 COW vftg. 1 1 CA&P Cmte n F &S Cmte I 1 Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA 1'E:
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize the Mayor to sign the proposed contract
COMMITi'EE N/A
COST IMPACT FUND SOURCE
ExPENDI"1'URI.1 REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$19,717,096 (over 3 years)
Fund Source: 2008 -2010 BUDGET
Comments:
1 MTG. DATE RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
08/18/08 Informational memorandum dated 8/12/08
Summary of negotiated changes to the proposed contract
0
1-1LA, i1,IN, O
.0.....
9�, City it
d MR ,r 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor
r j MEMORANDUM
s 1908
TO: Joe Duffle, Council President
Tukwila City Council Members
FROM: Viki Jessop, PHR, CPC
Administrative Services Director
DATE: August 12, 2008 ,J
RE: Police Guild Contract January 1, 2008 through December 31, 2010
Pursuant to our discussion of this personnel matter during executive session, it is
requested that the Council approve the collective bargaining agreement between the City
of Tukwila and the Tukwila Police Guild, effective January 1, 2008 through December
31, 2010.
A summary of the changes to the three -year contract is included with this memorandum
for our reference. The change in wages and benefits covers 53 Police Officers and eight
y g
Sergeants of the Tukwila Police Department. The cost of the complete negotiated
package over the three -year period is $19,717,096.
It is recommended and requested by Mayor Haggerton that the Council approve the
contract for his signature.
Thank you.
Cc: Jim Haggerton, Mayor
Rhonda Berry, City Administrator
Phone: 206 -433 -1800 City Hall Fax: 206- 433 -1833 www.ci.tukwila.wa.us
Tukwila Police Guild
Summary of Negotiated Changes
2008 -10
Duration of Agreement 3 Years, covering 2008, 2009 and 2010
Out of Class Pay Pay Threshold reduced from half shift to two hours
No change in out of class pay
Staffing: Management Right to determine staff levels
Includes exceptions limiting vacation leaves for
specified holidays, unusual occurrences, and
significant events
Premium Pay Increase from 3.0% to 4.0% in 2008 x PO1
Increase from 4.0% to 4.5% in 2009 x PO1
Increase from 4.5% to 5.0% in 2010 x PO1
SRT stacking up to 6.0% (currently 5.0 in 2008
SRT stacking up to 6.5% in 2009
SRT stacking up to 7.0% in 2010
Dry Cleaning $250 per year to employee rather than Guild in 2009
Domestic Partners Benefits added per City Policy
Education Pay 2% x PO1 for AA/AS Degree in approved fields
4% x PO1 for BA/BS Degree in approved fields
Currently $75 AA/AS and $100 BA/BS for officers
hired after October 1, 1997
Tuition Reimbursement Increase from $3,900 to $6,000 per year
For bargaining unit as a whole
Longevity Pay: 7.5% Step at 27 Years eliminated
Replaced by Mykelebust MOU
Wage Increases 3.5% in January of each year
No CPI Formulas
MPO Longevity step 2% (after 6 yrs)
3% (after 9 yrs), 4% after 12 yrs
MPO Level Adjustments
MPO 3 from 2.5% to 4.5% (after 12 yrs)
MPO 2 from 5.0% to 6.0% (after 12 yrs)
MPS 2 from 2.5% to 3.5% (after 6 yrs as Sgt)
2
-POLICE COMMISSIONED 20052008 thru 24g-72010 I Page
Tentative Agenda Schedule
MON'T'H MEETING= M ME T EING 3 M
'EETING 4 _1
RRGLT_W COW REGULAR: COIN.
August 4 11 .7.
18 25
Special Presentation:
See agenda packet Mid -year budget
cover sheet for this review
week's agenda
(August 18, 2008 Special Issues:
Regular Meeting) Parks Plan level of
service
2008 Overlay
Repair Construction
Management
Supplemert with
KPG, Inc.
Tukwila Village discussion
September 2 (Tuesday) 8 15 22
1' —Labor Day Special Presentations: Special Issues: Special Presentations: Special Presentation:
(City offices closed) Promotion of Tukwila Village Wellness Tukwila School District
Bruce Linton to discussion presentation— report on student
29th Commander in the Well City Award achievement:
Fifth Monday of the Police Department •American Heart Dr. Linda Elman,
month —no Council .Introduction of new Association "Fit Director of Research
meeting scheduled Police Department City" award Evaluation, and
p Dave Larson, Board
staff Proclamation: Director
Unfinished Business: Mayor's Day of
Ordinance adopting Concern for the
the Parks Plan level Hungry
of service
2008 Overlay COMMITTEE OF THE
Repair Construction WHOLE MEE 1 ING TO
Management BE FOLLOWED BY A
Supplement with SPECIAL MEETING
KPG, Inc.
October 6 13 20 27
Elpeoming Meetings &Events-
r'
AUGUST 2008
18th (Monday) 19th (Tuesday) 20th. (Wednesday) 21st (Thursday) 22nd (Friday) 23rd (Saturday)
Utilities Cmte, Finance Crime Hot Domestic A Tukwila Centennial event:
5:00 PM Safety Cmte, Spots Task Violence Task
Historic Homes Tour
(CR 41) 5:00 PM Force Mtg., Force,
(CR 43) 10:00 AM 12:00 Noon 10:00 AM to 4:00 PM
(CR 45) (Human Presented by the Tukwila
City Council Services Office) Historical Society.
Regular Mtg.,
.Advisor) 7:00 PM Open House parks
(Council Shoreline Master Commission, Si Code 4,
Chambers it 48 1 Program Update 5:30 P
I
(Council (Community sor}' f l `i.
t3 =#ee
Chambers) Center) CA \CEJ T FD 'L
Join City staff any
Family Fun time between Call206- 244 -5023 or
Night 5;00 and 8:00 PM 206 -248 -0260 for tour Library and ticket information.
6:00 to 8:00 PM to learn about the Advisory
Tukwila City's update, look Board,
Community at maps and ask 7:00 PM 15th Annual
Center questions. (Foster Library) Community Garage Sale
SI per person (A public hearing August 23 24
This week: is scheduled for II'
Karaoke, August28.)
Video Game
BBQ Night
Primary Visit www.ci.tukwila.
Election Day wa.us /yardsale.html for a
2 list of sale locations, or
look for the bright yellow
signs on Sat. Sun.!
Macadam Winter
Garden Event
1:00 to 2:00 PM
Unveiling of summer
seasonal sign, and
ice- cream -in- the -park
celebration hosted by
HomeStreet Bank
25th (Monday} 26th (Tuesday)- 27fh(Wednesday) 28th -(Thursday) 29th (Friday) 30th (Saturday) i
Community Transportation COPCAB, Planning Highway 99
Affairs Cmte, 6:30 PM Commission Trash Pickup Day
Parks Cmte, 5:00 PM (CR 5) (Work Session 9:00 10:00 Aft
5: 00 PM (CR 41) at 6:00 PM and For location
(CR 3) Public Hearing call Donna at
at 7:00 PM on 206-242-5556
City Council Court Shoreline
Committee of Master r t
the Mole Program) 4{
(Council
Mtg. 7:00 PM )tai
(Council Chambers)
Chambers)
>City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
i.> City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room 45. Contact Phi Huynh at 206 433 -7175.
Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Human Services Office. Contact Evie or Stacy at 206 -433 -7180.
Finance Safety Committee: lst 3rd Tues., 5:00 PM, Conf. Room 43. Agenda items for 8/19/08 meeting: (A) Installation
of above ground bio- diesel tank (B) Travel Planner advertisement for Seattle Southside. (C) Fire Department Master Plan.
(D) Sale of surplus property at 7220 SW 43rd St. (E) Sales tax revenue report. (F) 2008 2nd quarter report.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 767 2342.
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 767 2342.
Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860.
Utilities Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 61. Agenda items for 8/18/08 meeting: (A) 2008 Small Drainage
Program —bid award. (B) Interurban Avenue S. Waterline —bid award (C) Storm Lift Station No. 18 Improvements consultant
agreement.
Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).