Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
COW 2008-07-14 COMPLETE AGENDA PACKET
;Jtgs Tukwila City Council Agenda iiP COMMITTEE OF THE WHOLE 4 r tom ice` Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pamela Linder II Rhonda Berry, City Administrator Dennis Robertson Verna Griffin Joe Duffle, Council President Kathy Hougardy De'Sean Quinn MONDAY, July 14, 2008, 700 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. CITIZEN At this time, you are invited to comment on items not included on this COMMENT agenda (please 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. 3. PUBLIC The second amendment to the Development Agreement with WEA Pg.1 HEARINGS Southcenter, LLC, regarding signage. 4. SPECIAL a. Interlocal Agreement regarding the Community Development Block Pg.71 ISSUES Grant (CDBG) and Home Investment Partnerships (HOME) programs. b. The second amendment to the Development Agreement with WEA Pg.1 Southcenter, LLC, regarding signage. c. 2008 Comprehensive Plan Amendments to be conducted in Public Pg.85 Meeting format. d. Draft Walk and Roll Plan. Pg.109 e. Sale and Distribution of Reclaimed Water Commodity Wholesale Pg.161 Agreement with King County. f. Reclaimed Water Line Extension Project Interlocal Agreement with Pg.183 King County. g. Riverton Creek Flap Gate Removal Project grant agreements. Pg.201 h. A resolution authorizing application for funding assistance for property Pg.221 acquisition for the Duwamish Gardens project. i. Cascade Water Alliance Member Water Audit and Audit Acceptance Pg.227 Agreement. 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/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. N• COUNCIL AGENDA SYNOPSIS %[t Ltitiafs ITEM NO. S 4 t leetinx Date I Prepared by Mayor's review 1 i! review oirp us 07/14/08 I MCB I A l. c 1 07/21/08 I MCB I I I I I I 4. �J ITEM INFORMATION I CAS Number: 08-083 !ORIGINAL AGENDA DATE JULY 14, 2008 AGENDA ITEM TITLE Second Amendment to Development Agreement between WEA Southcenter LLC and the City regarding expansion project at Southcenter Mali )RY Discussion n Motion Resolution 1 1 Ordinance Bid Award Public Hearing Other illtg Date 7/14/08 Aftg Date ilitg Date 7/21/08 Mk Date Mtg Date Mtg Date 7/14/08 Mtg Date SPONSOR Council I ivlayor Adm Svcs DCD E. Finance Fire Legal n P&R n Police PIYI SPONSOR'S As part of the Tukwila Centennial Celebration and with Westfield's permission, the SUMMARY Centennial Committee commissioned and hung 10 temporary signs on the two new garages at Southcenter Mall. Westfield is requesting approval to continue signage and include an 11 sign on the garage walls for products or services available at the Mall. The Council is being asked to consider passage of the attached Resolution, approving the second amendment to the WEA Southcenter LLC Development agreement. RffiE '1?I) BY COW Mtg. CA &P Cmte n F &S Cmte n Transportation Cmte n Utilities Cmte n Arts Comm. I I Parks Comm. I Planning Comm. DATE: 6/23/08 RECOMMENDATIONS: SPONSOR /ADMIIN. Authorize Mayor to sign amendment CO iMIIYfI E Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE BXPENDITU RI:OUIRI:D AMOUNT B UDGETED APPROPRIATION REQUIRED $NA Fund Source: Comments: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 07/14/08 MTG. DATE I ATTACHMENTS 7/14/08 j Informational memorandum dated July 9, 2008, with Attachments A -C Resolution in draft form Minutes from the Community Affairs and Parks Committee meeting of 6/23/08 o:: City Tukwila ►1:0� Jim Haggerton, Mayor I Department of Commanily Development Jack Pace, Director 1909 To: Tukwila City Council From: Jack Pace, Director Date: 9 July 2008 Subject: Second Amendment Westfield Development Agreement Contract 05 -123B DCD File: DA07 -003 Background Westfield, the owner of Southcenter Mall, is undertaking a large scale redevelopment and expansion of their property. On December 5, 2005, a development agreement, (the Agreement) was approved and executed between the City of Tukwila and Westfield that covered a wide array of issues including vesting of the project with existing Codes. A copy of the original Agreement is Attachment B. The Agreement allows for modification (Section 9, (page 11) Binding Nature; Modification) when there is mutual agreement of the City Council and Westfield. A First amendment to the Agreement was approved by the City in 2007 to provide that Westfield was vested to the provisions of the Tukwila Sign Code, in effect on January 1, 2007 as opposed to provision in effect on the EIS Issuance Date. Issue As part of the Tukwila Centennial Celebration and with Westfield's permission, the Centennial Committee commissioned and hung 10 temporary signs on the two new garages at Southcenter Mall. (Attachment C) There are five Tukwila Life signs per garage. The signs vary in size, some are 240 others are 300 square feet. Westfield requests approval to continue signage on the garage walls for products or services available at the mall. The proposal is to have a total of eleven signs that are each a maximum of 288 square feet in area and dimensionally 12 by 24 feet as illustrated in Exhibit D in Attachment A. Page 1 of 3 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206- 431 -3665 Analysis The Tukwila Sign Code was developed over 30 years ago. The character of suburban malls has changed and the intensity of development in Tukwila has changed. The expectation in the current Code is that businesses occupy the buildings upon which their signs are placed. What signage, if any, should be allowed on parking garages? Westfield would like the opportunity to provide signage on their garages and utilize the hardware used for the Tukwila Life signs. The proposed "Brand Alliance" signage will refer to products, services or businesses that are on the mall property, thus qualifying the signs as "on- premise signs." The Tukwila Sign Code refers to two types of signs for malls: Individual businesses in a mall, and Signs for the center as a whole. The Code generally limits each sign to a maximum size limit of 500 square feet on a building's face. The proposed signs are 288 square feet and two are proposed on the three "outward facing" walls of each garage. See Exhibit D in Attachment A. As shown on the Exhibit, there is also tenant signage and Westfield signage on some of the walls. Because of the Tukwila Life signs, the community has had the opportunity to analyze the visual impact of the size and location of the proposed `Brand Alliance" signs. Garages in the commercial area of the City are a new phenomenon. The Mall is a unique development due to its size and its complex pattern of development. Negative comments have not been received regarding the number and size. The Brand Alliance signage should be favorably considered. Proposal Westfield requests the following signage amendment to the existing Development Agreement. Brand Alliance Signs Brand Alliance signs are "on premises signs" as defined in the Definitions Section of the Sign Code (TMC 19.08.140,) that display through copy and or images, goods sold or services rendered on the premises. Signs that display only the name of the business are not Brand Alliance signs. Brand Alliance signs are authorized on the garages subject to the following criteria: 1. Brand Alliance signage shall not include tobacco or alcohol advertisements. 2. The mall name may be included on Brand Alliance signage in combination with the advertisement of services and/or goods sold on the premises in a subordinate role, in addition to the signage allowed in the "Identification Signs for the Center as a Whole. ".(TMC 19.32.155.) Page2of3 3. A tenant name may be included in a Brand Alliance sign in a subordinate role when in combination with advertisement of goods or services in addition to the permanent signage allowed for that tenant/business. 4. A permanent sign permit is required for each Brand Alliance sign. 5. A sign permit is not required to change the copy, frame, lighting or orientation. 6. No change is allowed in the number of or general location of the Brand Alliance signs as shown on Exhibit D in Attachment A. 7. Brand Alliance signage is not allowed on the main mall building. Recommendation Approve the Second Amendment to the Development Agreement (Attachment A) and forward to the July 21 for approval of Resolution authorizing Mayor to sign amendment. Attachments A Second Amendment to Development Agreement B Development Agreement C Photos of Tukwila Life signs Q:\ma11\08capmemoseconddevagree mod.doc Page3of3 =ACM= A Contract 05 -123B SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA, WEA SOUTHCENTER LLC, FOR THE EXPANSION AND RENOVATION OF WESTFIELD SOUTHCENTER MALL THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second Amendment is entered into by and between the City of Tukwila, a Washington Non Charter Optional Municipal Code City (the "City and WEA Southcenter LLC, a Delaware limited liability company "Westfield the majority owner and developer of the Property (defined below). RECITALS A. The City, Westfield and Prudential Financial Inc. ("Prudential") entered into that certain Development Agreement (Contract No. 05 -123) recorded under King County Recording No. 20060621000329 (the "Development Agreement The Development Agreement (File No. DA7 -003) related to the expansion and renovation of the Westfield Southcenter Mall development site (the "Project as depicted and legally described and in Exhibit A and Exhibit B, respectively, of the Development Agreement (the "Property B. Westfield acquired the majority of the Property from Prudential on September 29, 2006, and is now successor -in- interest to Prudential under the Development Agreement. Except p p for a portion owned by Federated Department Stores, Inc., the Property is owned by Westfield. C. The City and Westfield entered into that certain First Amendment to the Development Agreement recorded under King County Recording No. 20070920001425 (the "First Amendment to provide that Westfield was vested to the provisions of the Tukwila Sign Code, Tukwila Municipal Code "TMC Chapter 19 (the "Sign Code in effect on January 1, 2007, as opposed to the provisions in effect on the EIS Issuance Date. Per the First Amendment, references to TMC sections in this Second Amendment are citations to the Sign Code in effect on January 1, 2007. D. The City and Westfield now desire to execute this Second Amendment in order to formalize past applications of the Sign Code, Tukwila Municipal Code (TMC) 19 and related signage procedures to Southcenter Mall and to provide clarity on application of the Sign Code to Mall Garages. E. There are two types of signs specified in Sign Code that are allowed at the Mall signs for tenant/businesses and signs for the center as a whole. Signs for the center as a whole underwent design review and were approved as to color, materials and type by the Board of Architectural Review. (File no. L07 -007 hereinafter the "Sign Package Approval This Agreement modifies the Sign Package Approval for Brand Alliance signage. Page 1 of 6 F. There are multiple buildings 011 the Property. Any approved future development that abuts the Main Building shall be considered part of the Main Building for the purposes of this Agreement and the Sign Code. Any approved future development that does not abut the Main Mall Building (other than a parking garage) shall be considered a Perimeter Building G The complexities of sign regulation relative to the changing character of the Mall have resulted in the following City interpretations and administration of the Sign Code on the regulation of tenant/business signage on the Mall Property. 1) Tenants in the Main Building that have their own exterior public entrance are allowed signage on that portion of the Building that serves as an exterior wall to its tenant space; and 2) Tenants in the Main Building are allowed up to two, and anchor tenants are allowed up to four, wall signs, one for each wall that faces one of the four cardinal directions (north, south, east and west); and 3) Sign size for Tenants in the Main Building is 6% of the total area of the wall that serves as an exterior wall to the tenant's space but not more than 500 square feet; and 4) Tenants who have a portion of their exterior wall blocked by a Garage are allowed instead to place signage on the Garage walls that are parallel to the tenants blocked exterior walls. The area allowed for the Garage mounted wall sign is calculated using the area of the wall upon which it is mounted. 5) Tenants in perimeter buildings are allowed two wall signs. 6) One freeway interchange sign is allowed per the height and area allowance of Freeway Interchange Businesses; Permitted Signs Height and Area Allowance (TMC 19.32.180.) H. The City and Westfield agree that each has entered into this Second Amendment knowingly and voluntarily, and agree to be bound by the terms and conditions of this Second Amendment. I. The Tukwila City Council held a public hearing to consider this Second Amendment on July 14, 2008, and approved this Second Amendment by Resolution on ,2008. J. SEPA review for the entire Project was fully and completely evaluated through an Environmental Impact Statement entitled Westfield Shoppingtown Southcenter Expansion dated October 6, 2004, prepared pursuant to the State Environmental Policy Act, RCW 43.21 C, and no further SEPA review is required in connection with this Second Amendment. AGREEMENT NOW THEREFORE, in furtherance of the recitals set forth above, the parties hereby agree as follows: Section 1. Southcenter Mall. As shown on Exhibit C, the Southcenter Mall consists of the main mall building (the "Main Building the Olympic Garage, sometimes referred to a Garage A, Page2of6 the Cascade Garage, sometimes referred to as Garage B (both garages referred to as "Garage and a number of separate buildings on the perimeter of the Property ("Perimeter Buildings.) Section 2. Signage. Brand Alliance signs are "on premises signs" as defined in the Definitions Section of the Sign Code (TMC 19.08.140,) that display through copy and/or images goods sold or services rendered on the premises. Signs that display only the name of the business are not Brand Alliance signs. Brand Alliance signs are authorized on the mall Garages subject to the following standards: A. Eleven, externally illuminated Brand Alliance signs that are a maximum of 288 square feet a piece and in the general configuration and locations shown on Exhibit D are allowed. B. Brand Alliance signage shall not include tobacco or alcohol advertisements. C. Brand Alliance signage may include the mall's name in combination with and as a subordinate element in the advertisement of services and/or goods sold on the premises in addition to the signage allowed in the "Identification Signs for the Center as a whole." (TMC 19.32.155.) D. A tenant name may be included in a Brand Alliance sign, in a subordinate role, when in combination with advertisement of goods or services, in addition to the permanent signage allowed for that tenant/business E. A sign permit is required for each installation of each Brand Alliance sign. F. A sign permit is not required to change the copy, frame, lighting or orientation. G. No change from what is shown on Exhibit D is allowed in the number of or general location of the Brand Alliance signs. H. Brand Alliance signage is not allowed on the Main Building. Section 3. General Terms. A) Not Exclusive. This Second Amendment is not intended as an exclusive list of the Sign Code or other applicable TMC provisions applicable to the Southcenter Mall or its tenants. B) Sign Permits. Nothing in this Second Amendment exempts Westfield or its tenants from having to apply for sign permits. C) Vesting. Westfield shall be vested to the terms of this Second Amendment for ten years from the execution of this Second Amendment but may elect, at its option, to waive its sign code vesting and have the provisions of any revised Sign Code apply to all signs at the Southcenter Mall without obtaining an amendment to the Development Agreement. D) Entire Agreement. This Second Amendment, the First Amendment, and the Development Agreement constitute the entire agreement between the parties with respect to the subject matter of this Second Amendment. E) Full Force and Effect. Except as specifically set forth herein, the Development Agreement, as amended by the First Amendment, is and remains in full force and effect and binding on the parties. Page 3 of 6 F) Severability. In the event this Second Amendment is declared unlawful or unconstitutional for any reason, the underlying Development Agreement, as amended by the First Amendment, shall remain in full force and effect and binding on the parties. G) Authority to Execute. The City and Westfield represent and warrant that they have the respective power and authority, and are duly authorized to execute, deliver, and perform all of the obligations of this Second Amendment. H) Counterparts. This Second Amendment may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereby duly execute this Second Amendment as of the date(s) listed below. ON BEHALF OF THE CITY OF TUKWILA Date of Execution: Jim Haggerton, Mayor ATTEST: Christy O'Flaherty, City Clerk APPROVED AS TO FORM City Attorney Page 4 of 6 ON BEHALF OF WESTFI F LD: WEA SOUTHCENTER LLC, a Delaware limited liability company By: Westfield America Limited Partnership, a Delaware limited partnership, Its sole member By: Westfield U.S. Holdings, LLC, a Delaware limited liability company, Its general pay bier By: Name: Its: Date of Execution: STATE OF WASHINGTON ss. COUNTY OF On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, and foregoing instrument and corporation that executed the within an Washington, the municipal rp g g acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said office of the municipal corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: [Type or Print Notary Name] STATE OF WASHINGTON ss. COUNTY OF KING Page 5 of 6 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that s/he sided this instrument, on oath stated that (he /she) was authorized to execute the instrument and acknowledged it in (his/her) capacity as of Westfield U.S. Holdings, LLC, a Delaware limited liability company, which is the general partner of Westfield America Limited Partnership, a Delaware limited partnership, which is the sole member of WEA SOUTHCENTER LLC, the Delaware limited liability company that executed the within and foregoing instrument, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this day of 2008. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: [Type or Print Notary Name] Q:\mall\DA Sign 2nd Amend.mcbfinal.doc Page 6 of 6 ..t.-- ..3. ii.t.:. zs-.1, -a.. r -1 r LL TUKWILA PARKWAY 4r, 17 i.,.. i :ci r ,,z 6 1 A I r 1. 1 ill 1 cr i E J a ..i. e L P m 1 e r d i 2 C n rc 1 1 11- lai _e .c 5, .i. 1 i /5 %-x r f 1 ti i J.L. 7 :4 '4',WL''' Z ts tL ki r_1- v s VI ft r r., x --45 ,ve.1 d 1 %-4.,,,.. ..F:4 z,c, ;..-.1...a El.-7.-4-T•"l .0 pi% ,...K....i. 4 -...,..7,-,4„&,,,, e 4 w,--.4- er .I-711 1 L. ..p--,-.....--„,?"-e-.W.4A .„.....„4, ..........1 yr i .p.... e'r ii .2-2:1-: t. 1 .i s l 6 't-7...- „..:-.1.._y_ 6 ,f Z. "-a d ....m„-- 7 II. 1 -PA.,. R ILIP._ I ffl t a 13 1 1114 AD21, 1 W...W" 1 1 1 "Mi 111 Ea CC e V.." _r r" I:— 3 a 0 0 111' inet; -.a, TEdi .5 0 z .0.5-iii1 t N C if ....m-i Il... t ni -L. IIII J 1 sra 1 IIII li r Z 1 r ,a. LI... bt -7-1 2 -.3.-- 1 ZtE1Mr t. 1 4 L.,`,4" c?' 001' i l eT .T4Q= .t „7-;„"_•-.. c ri 4 r mir•nrz.-.., 1 i --T .S.'.7 14t 1 .1.: j V ...1 V. 41 1 67:: -:;*4 414 ...:tr 2f:jfiVil-tV',L,,--1."7 c i i .•,.....r-f- .4, .ZT 7;.-: -5 4•1 l I ...2 .1 i .-z E ...a. I f -...i so .,---.4 -----._y:-.--:-?.. 1 4-.1 fi:-,Q .t..._ r 1- -rlt 1 -1 -AgI-;e.,-z-f*.:. i3 ...r. 101 .46-- =V= -m r- 3- ,3 .*;--t-ze--. L --1-.-,----: --s T -7- -lc- --z f ,3 el. 2 .":.n.• .r. .1. V!. ir Mpg 1 r 9 1 .4 is -S. ir. ft'. .--..r. r _i r. I STAMMER EKHILEYMD s.......le 317...0 Qr.... (1 gr Source: Hucitelt)Weinman Associates, Inc. Viv..--X‘IrMitEt...-r-Wc.-.1."----.-.- Westfield Shoppingtown lawatiag% Southcenter Expansion V A 0,. ENVIRONMENTAL IMPACT STATEMENT Westfield Shoppingtown Southcenter Expansion Final EIS Description of the Proposed Action .1■•• EXHIBIT B LEGAL DESCRIPTION PARCEL 1: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; AND OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; AND OF THE W.H. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 00°12'09" WEST ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID SUBDIVISION 406.49 FEET; THENCE SOUTH 89 °47'51" WEST 30 FEET TO THE WEST MARGIN OF ANDOVER PARK WEST AND THE TRUE POINT OF BEGINNING; THENCE NORTH 87 °25'13" WEST 526.42 FEET; THENCE SOUTH 00°19'36" WEST 30.02 FEET; THENCE NORTH 87°25'13" WEST 253.52 FEET; THENCE SOUTH 00°19'36" WEST 366.84 FEET TO THE NORTH LINE OF THE SOUTH 40.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG SAID NORTH LINE 179.20 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS NORTH 00 °19'36" EAST FROM A POINT ON THE SOUTH LINE OF SAID SECTION 23, WHICH IS 341.40 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 00 °19'36" WEST 14.00 FEET; THENCE NORTH 89 °40'24" WEST 10.50 FEET; THENCE SOUTH 00 °19'36" WEST 36.83 FEET; THENCE NORTH 89 °40'24" WEST 7.90 FEET; THENCE SOUTH 00 °19'36" WEST 42.17 FEET; THENCE NORTH 89 °40'24" WEST 72.00 FEET; THENCE SOUTH 00 °19'36 WEST 96.00 FEET; THENCE NORTH 89 °40'24" WEST 226.00 FEET; THENCE NORTH 00'19'36" EAST 138.17 FEET; THENCE NORTH 89 °40'24" WEST 79.90 FEET; THENCE NORTH 00°19'36' EAST 10.83 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG SAID EXTENSION 10.50 FEET; THENCE NORTH 00 °19'36' EAST 40.00 FEET; THENCE NORTH 89 °40'24" WEST 151.60 FEET; THENCE NORTH 00 °19'36' EAST 790.45 FEET TO THE NORTHEAST CORNER OF THAT PORTION OF THE SOUTHCENTER PARKWAY VACATED BY ORDINANCE NO. 555, CITY OF TUKWILA, AND AS RECORDED UNDER RECORDING NO. 6516239, TN KING COUNTY, WASHINGTON, SAID NORTHEAST CORNER ALSO BEING A POINT ON A 565.79 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THROUGH WHICH A RADIAL LINE BEARS SOUTH 04 °34'32" EAST; THENCE WEST ALONG SAID CURVE AND THE SOUTHEASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY, 282.00 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT OF A. 339.07 FOOT RADIUS; THENCE SOUTHWESTERLY ALONG SAID CURVE 37.76 FEET TO THE MOST NORTHERLY POINT OF A TRACT OF LAND CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6516243, IN KING COUNTY, WASHINGTON; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE AND SOUTHEASTERLY MARGIN 312.17 FEET; THENCE SOUTH 89 °39'00" WEST ALONG SAID SOUTHEASTERLY MARGIN 17.04 FEET TO THE EASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY (FORMERLY 57TH AVENUE SOUTH) AS DEEDED TO THE CITY OF TUKWILA AND RECORDED UNDER RECORDING NO. 5735981; THENCE SOUTH 00 °21'00" EAST ALONG SAID EAST MARGIN 438.12 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 00°23'45" EAST ALONG SAID EAST MARGIN 633.44 FEET TO THE I NORTHERLY LINE OF STATE HIGHWAY RIGHT OF WAY; THENCE NORTH 89 °52'42" EAST ALONG SAID NORTHERLY LINE 5.31 FEET TO THE EASTERLY LINE OF SAID STATE HIGHWAY RIGHT OF WAY; THENCE SOUTH 00°07'18" EAST A LONG SAID EASTERLY LINE 134.50 FEET TO THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 43°25'0S" WEST ALONG SAID SOUTHEASTERLY LINE 6.74 FEET TO THE AFORESAID EAST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 00°23'45" EAST ALONG SAID EAST MARGIN 471.45 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 77.70 FEET TO A POINT OF TANGENCY ON THE NORTH LINE OF STRANDER BOULEVARD (FORMERLY SOUTH 164TH STREET), AS DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON FEBRUARY 14, 1963; THENCE SOUTH 89 °26'22" EAST ALONG SAID NORTH LINE 588.31 FEET; THENCE SOUTH 89 °30'56" EAST ALONG SAID NORTH LINE 1255.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 79.14 FEET TO THE WEST LINE OF ANDOVER PARK WEST, AS DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON NOVEMBER 1, 1962; THENCE NORTH 00°12'09" WEST ALONG SAID WEST LINE 1652.93 FEET TO TRUE POINT OF BEGINNING. PARCEL2: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PEAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; AND OF THE W.H. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE THEREOF 217.00 FEET; THENCE NORTH 00 °19'36" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °40'24" EAST 151.60 FEET; THENCE NORTH 00 °19'36" EAST 182.00 FEET; THENCE SOUTH 89 °40'24" EAST 406.80 FEET; THENCE SOUTH 00o1936 WEST 182.00 FEET; THENCE SOUTH 89 °40'24" EAST 179.20 FEET; THENCE NORTH 00 °19'36" EAST 366.84 FEET; THENCE SOUTH 87°25' 13" EAST 253.52 FEET; THENCE NORTH 00 °19'36" EAST 208.77 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT OF A 45 FOOT RADIUS; THENCE ALONG SAID CURVE 45.96 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT OF A 122.35 FOOT RADIUS 63.68 FEET TO THE SOUTHERLY MARGIN OF TUKWILA .PARKWAY AS DEEDED TO THE CITY OF TIJKWILA AND RECORDED UNDER RECORDING NO. 5735981, IN KING COUNTY, WASHINGTON; THENCE SOUTH 88 °40'OO" WEST ALONG SAID SOUTHERLY MARGIN 76.15 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT OF A 147239 FOOT RADIUS; THENCE ALONG SAID CURVE AND SOUTHERLY MARGIN 423.38 FEET; THENCE NORTH 74 °51'30" WEST ALONG SAID SOUTHERLY MARGIN 407.05 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF 552.62 FOOT RADIUS; THENCE ALONG SAID CURVE AND SOUTHERLY MARGIN 185.63 FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 00 °19'36" WEST; THENCE SOUTH 00 °19'36" WEST 788.90 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 110.00 FEET OF THE WEST 151.60 FEET THEREOF; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEEDS RECORDED UNDER RECORDING NOS. 8603140908, 8603140909 AND 8603140910. 2 PARCEL 3: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEA1 ILE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; AND OF THE WIT. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 89 °40'24" EAST ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER 341.40 FEET; THENCE NORTH 00 °19'36" EAST 107.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 °19'36" EAST 11425 FEET; THENCE NORTH 89 °40'24" WEST 406.80 FEET; THENCE SOUTH 00 °19'36" WEST 114.25 FEET; THENCE SOUTH 89 °40'24" EAST 90.40 FEET; THENCE NORTH 00°19'36" EAST 27.42 FEET; THENCE SOUTH 89 °40'24" EAST 226.00 FEET; THENCE SOUTH 00 °19'36" WEST 27.42 FEET; THENCE SOUTH 89 °40'24" EAST 90.40 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 4: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER 65.40 FEET; THENCE NORTH 00°19'36" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°19'36" EAST 110.00 FEET; THENCE NORTH 89 °40'24" WEST 151.60 FEET; THENCE SOUTH 0099'36" WEST 110.00 FEET; THENCE SOUTH 89 °40'24" EAST 151.60 FEET TO THE TRUE POINT OF BEGINNING. 3 ex H1311 Co --z u I ..r a e. r a I 1 e r a t rE, 1 a n LT. g ea l• ,..p.....pra ...an- II 7.,„.4 ti': r trj.,_._ ::::,,..10:11 ti■ri L...: --'''''-1 i F r r 7 r 1 IR 4 "7- V*4W 4 4' t r r----' L., ,v i I I I I I I I I l Z 7 '.1 f 7 C L li i A 7N -4 .g A j 1 ...2.. i I i i 1 I I 1 'i i •fri, Wia.=' r 11 Pf "'s s t-- :i i 1 1 z 1 1 s -_•-,....k_sert--„e„,,•_ k i i s"-- •?-,...41.1. N. .k :.-w,41,k, -.--w- r, 1 40- ..u.....„,,,f.,,...., ...-...w___.,„..-_ i A a w.41,1 -------y... ,--,--_-a-. --.„,-,.q. .-_-,-1,,,... --_,-7-.,-. 4 ,:-A w..,-i 0 4 4-% 1 7 1 i Z 71.-e 2 1,- ic it 4i----,,_ -_.0..- fi'- z r..2" .-_,...k ._-1--r. Wk i 1. fq...1 1 2 5 r r.,_.......,...„.....,,,, Tr" -; ;1•':_7'. -2 ..-4. 4.7- ,t, 4 i z Y- il d: i czmi.,--, ,-_-‘,-t`i..".1.- .4-,. :4 4:"..:---_;-!:11 ii I 1 i i :4" g I i i. .11 4. ga v., k, ,_-__44,.-.,-..• 7--_- i il,..,- i" e "4 1 .....,-.1,...s..a...,,t-.2.A ra li cl godwg:;, ----va, -.-1-,, Ta T 1--•-•;----s: _it': Z g -a,: ir:; N:d 4., i,- C 2 :,-f., 1,, 11., r. l iS_..„..... 4- 1 V ..P"-: .3 Pt 7-- ,.i 1-4 -7.' ,0 7,-0 a ii t.-' 4 1•1 k I! ;X 41 I I- Z Er4===<'- 1 g W ..--"er; 1 C.1 N il 3 0 1 .4 T. e..5 :1 *Z4) isl• ...e c a•-4.,..,,,, .--z. 1 E- r af.-,_ al :es 1 6,. •S'-` 4. +a --4C K!,-..; ra ",-..T.a/_•.' ‘t• -4: 7 1 4;,-,_____' ,trf .1: V P-.. .:-.--1' iIf2 7. -Z'F". --1.,.._ cn t.- n "1.3:7.-.-•A i 0 ---,I _e_-_ z -z -,2p-Rs: -7.t, 7.'"..i t ii g7■35;" -IN" 1.3 .1 5 q T i:. I 1 =•1 2 5. i •fl -71-7 7-7 4 -7 7-A.-'77::::::: r, g' 7- 2 t 1: fi r •t, -1 7-1- t 7; rit e s. •--77- V f ,..___—`---.77,7---_,_: 4'7; r -1 ...f: r 7 c. e-- .3 T Fr•! n b,.. f.-- 7 k- r 6 <4 L" L ft 4 "iL Z.-_:--r=i -r-g.g-,------,:_-::: 2 r I :I f-- 2 e ..Z.::` '27 4 .3."--- -7-1: !1:1 1 17, A 1.1 f .n ....,-1 i ji E 11.: s. .7:--- ..m ...t- 1. .e f. I:. , '-i ;7-hw, -G ;_•:-1 P-,. A-,- -h.... 1 zi 7 n• •1••=4" -r- i •P g: i=- Z ?s. -,-•-:I 71 '-‘,..-.•_W•A vA i z A 1 u 1. i o •---_--m---nr. ;-&-t -1 u F N ..7.. 41 -RW-.._.. i Y. Y- O'N/ a .w.c 0-;:-.: 1 4.1 7* -I fr r v --t ne I L 1 1 I 1 r :,f: 1,, :St_ 1 i_ 1 I 1 g i..,,W.„,:;‘,1-.4 i II s- 3 I i i €gi ..4 -g:t. r=r g-C----. f.- 4 ;L .0 Z 1 I i s i 1 i I 4.'“ '7 1 4 ..ttl ":-7=.- -4 P z 4. 1.V.7.7WZA if..1N3 A, C 0 .:..1 a .X:fa/lat‘: 1 i N 4 1 .--a ..11:_,___ 7 .■U C a 414. 0 c s ;--it-J•27f- f= -V -7 0 -7r 11 Pg .r :'-'Z-f :•-'f 1 -c i -".'-.-7'.1 t. if ,,W 8 4 g_.• L Cs1 i i E -r4, i ri a 2 ,1 2 l o 1 V: i f. :i R i .....LL ":„.;_7: t• .;1-:__ •=•:-I• i i x I cl.1 ..9- 1,1k: IR- g`'■•■-',1=f2 R_ kk I l'-‘.1 .v..-J a i_ .g.. i 574 .=7: -i 1_ te.....,:g,•--;-.,‘-',...q ..is i''-,, Ill .1 g 1 t "ir 1 .g. 4-• ...-1,-_,-, 4-* Ci) .7' -:;:41- =I a.. Ce 8 CU C., 0 0 U) L1J U) 1- I s E CO LLJ -F >C a. w N° z V) 0 re 1 i I Z L I 1 Ill r nr f f 0 1 PA I.. F. --i. i I CO I 4: r i t. E: P .::,'I`t'r'1,,;> r e `.3 2 2 Il i. .i. 11' 7.! i z'' 3 9L'''3 1 s i a R' i E.. ,,77 r. R Ili I i r T '.--.7---1 1 1.. i 1 itt -1-11-: 1 r•,..„..,--„,-,,A, z i G) 0 :i .w 1 Cf) N Ar a...it i 7, i La+ CC g...., 1 F X 4 4-1 a sa. 7' a■ ri! i: g. 03 e --,t Li: 3 z CD i i AITACHMENT B CONTRACT 6,54 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA, WEA SOUTHCENTER LLC, AND PRUDENTIAL FINANCIAL INC., FOR THE EXPANSION AND RENOVATION OF WESTFIELD SOUTHCENTER MALL Section 1: Parties 1.1 This Development Agreement "Agreement is entered into by and between the City of Tukwila, a Washington Non Charter Optional Municipal Code City (the "City"), Prudential Financial Inc. "Owner the majority owner of the property, and WEA Southcenter LLC, a Delaware limited liability company "Westfield a lessee and developer of the property. This Agreement is entered into pursuant to the authority of RCW 36.70B.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. All three entities shall be known collectively as "the Parties" to this Agreement. Section 2: Recitals 2.1 Westfield Southcenter Mall, the development site, is located on land within the City of Tukwila, within the block bounded by Southcenter Parkway, Strander Boulevard, Andover Park West and Tukwila Parkway, excluding the Bank of America parcel in the northeast corner of the block. The site, comprising approximately 85 acres, is shown on attached Exhibit A p g pp y s hown tta ed E and a legal description is attached hereto as Exhibit B and shall be known as the Property "Property 2.2 Except for a portion owned by Federated Department Stores, Inc., the Property is owned by Prudential Financial Inc. and Westfield is the lessee of the Property pursuant to a long term lease. 2.3 The purpose of this Agreement is to address the expansion of the mall in accordance with development agreements under Washington State law (RCW 36.70B.160 et seq.), which authorize local governments to enter into development agreements with any entity having ownership or control of real property within a local government's jurisdiction. 2.4 The City and Westfield agree that Westfield's presence in the community provides significant economic and community benefit to the City and its residents. 2.5 Westfield would like to improve the market position of Southcenter as a regional, commercial shopping complex that offers a wide variety of merchandise options, commercial services, entertainment and retail opportunities for consumers. To accomplish this goal, Westfield proposes to expand the existing Southcenter complex by approximately 787,903 square feet of gross building area "gba herein after referred to as the Project "Project The /it Cr/ hi Page 1 g o i P OR uipirt-S AninerntiWTO Project may include retail uses, restaurants, a movie theater complex, a hotel, and parking structures that_are developed in phases. 2.6 The City reviewed the Project through an Environmental Impact Statement "EIS entitled Westfield Shoppingtown Southcenter Expansion dated October 6, 2004 (the "EIS Issuance Date prepared pursuant to the State Environmental Policy Act, RCW 43.21C. 2.7 On December 3, 2004, the City approved a Complementary Parking and Administrative Parking Variance (the "Parking Decision subject to conditions that result in a reduction from the minimum number of required parking spaces for the Project. A copy of the Parking Decision is attached hereto as Exhibit C. 2.8 On December 13, 2004, the Tukwila Board of Architectural Review "BAR granted Westfield design review approval for a site plan for 597,009 square feet of the Project (the "BAR Decision"). A copy of the Initial BAR Decision is attached hereto as Exhibit D. 2.9 Westfield and the City desire assurance that the Project will be developed in accordance with the ordinances, resolutions, codes, rules, regulations and official policies of the City governing the development and use of land existing on the date of the EIS and subject to specific conditions of approval. This Agreement provides certainty and reduces the risk for all parties that the Project will be developed under the terms and conditions set forth herein. 2.10 The City, Westfield and Owner agree that each has entered into this Agreement knowingly and voluntarily, and agree to be bound by the terms and conditions of this Agreement. 2.11 The Tukwila City Council held a public hearing to consider this Agreement on November 28, 2005. 2.12 The City, Westfield and Owner agree that the foregoing recitals are material to this Agreement, and that each Party has relied on the material nature of such terms and recitals in entering into this Agreement. Section 3: The Agreement THEREFORE, in consideration of the mutual promises and covenants set forth below, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties acknowledge and agree as follows: 3.1 Term. This Agreement shall commence on the Effective Date. Westfield shall have six (6) years from the Effective Date in which to apply for the building permit(s) needed to construct the entire Project, unless the Parties sooner agree in writing to terminate or extend this Agreement "Term The Term of this Agreement shall be tolled pending any appeals of any land use permits or approvals granted by the City necessary to complete the Project, and pending any delays in receipt of approvals or appeals of any state or federal agency necessary to complete the Project. Once Westfield submits a complete building permit application for the Project, this Agreement shall continue until such building permits (including any extension to the terms Page 2 of/ thereof) expire, or until the City issues all required certificates of occupancy, whichever occurs first. 3. 2 Effective Date. This Agreement shall become effective on the first date on which all Parties have executed this Agreement. 3.3 Vested Rights. The provisions of the Tukwila Municipal Code "TMC excluding building and fire codes pursuant to TMC Chapter 16, in effect on the EIS Issuance Date shall apply to the Project, except as otherwise provided in this Agreement or by state or federally mandated laws preempting the City's authority to vest regulations for the Project. In addition, pursuant to RCW 36.70B.170(4) (Development Agreements Authorized), the City reserves authority to impose new or different ''officially adopted regulations of general applicability; but only if, and to the extent required by a serious threat to public health and safety as determined by the City Council, and only after notice and an opportunity to be heard has been provided to Westfield. The Project shall not be subject to any development moratoria the City may adopt subsequent to the date of this Agreement unless necessitated by a serious threat to the public health, safety and welfare. Section 4: Interrelationship Between Development Agreement and Other Approvals and Applications 4.1 Binding Nature: Conflict. Westfield and Owner shall be bound by this Agreement. The terms and conditions of this Agreement shall apply to the Project, provided that, should an irreconcilable conflict arise between a term or condition in this Agreement and a term or condition in the BAR Decision or Parking Decision, or a modification to the BAR Decision or to the Parking Decision, the more restrictive of said terms shall be applied to the Project. 4.2 Prior Approvals. Westfield has received a BAR Decision on design issues and a Parking Decision on parking issues. Westfield shall comply with the conditions of the BAR Decision and Parking Decision or seek modifications thereto. The Parties also agree that design review approval is required for the remainder of the Project not included in the BAR Decision. The Parties agree that any modification to the approved design, any modification to the Parking Decision, and any additional design review approval required for the remainder of the Project shall not require an amendment to this Agreement so long as it does not increase the Project's gba. As part of reviewing any proposed modifications to the approved design, any modification to the Parking Decision, and any future design review for the remainder of the Project, the City shall not impose conditions on the Project inconsistent with any provision of this Agreement. 4.3 SEPA Compliance. The Parties acknowledge that the EIS fully and completely evaluated the environmental impacts for development of the Project and that further SEPA review may only be required if the criteria set forth in WAC §197-11-600(3)(b) (Part Six Using Environmental Documents, SEPA Rules) are triggered. 4.4 Future Building Peuuits. The Parties acknowledge that the Project will require building permits and that conditions may be imposed on such building permits based upon applicable building and fire codes. Page 3 of, Section 5: Transportation 5.1 Transportation Concurrencv. The Parties evaluated the Project for transportation concurrency as part of the EIS. It was concluded that the Project meets City level of service standards and therefore is compliant. The Parties agree that Westfield shall not be required to construct or fund any transportation improvements to establish transportation concurrency. Further, the Parties agree that the City shall not require any additional transportation analysis as part of any future City permitting for the Project. 5.2 Transportation Impact Fees. a. The Parties have completed the technical analysis to determine the transportation impact fees due to mitigate the transportation impacts of the Project pursuant to TMC 9.48.150 (Transportation Concurrency Standards and Impact Fees). Based on that analysis, the Parties agree to the following transportation impact fee schedule for the Project: Project 1 Link or Intersection 1 Impact Fee Due 1 96 -RW18 1 Southcenter Parkway 168`" 1 15,200 1 93 -RW11 1 West Valley Strander 1 $43,120 1 89-RW13 1 Interurban Bridge 1 $19,920 1 84 -RWO7 Minkler (Andover Park West to Southcenter $0 Parkway) 88 -RWO4 Andover Park West (Tukwila Parkway to $271,150 Strander Blvd) 03 -RWO5 1 Andover Park East Minkler 1 $25,960 1 84 -RWO3 Southcenter Parkway (180th to South City $16,470 Limits) 02 -RWO4 Southcenter Blvd. (51st to Tukwila $184,000 International Blvd.) 89 -RWO5 1 East Marginal (BAR to 112th) 1 $0 84-RW19 Tukwila Urban Access/Klickitat Improvements (Southcenter Parkway to I -5) $504,120' Total Transportation Impact Fees for the Project 1 $1,079,940 Note 1: This reflects $1,350,360 fee due for this transportation project less a credit of $846,240 for the Owner's dedication of right -of -way for this transportation project. No additional transportation analysis and no additional transportation concurrency certificates shall be required for Westfield to construct the entire Project. b. These Transportation Impact Fees are based upon the trips generated from development of 787,903 square feet of gba, which is full buildout of the Project. Westfield shall only pay the proportion of Transportation Impact Fees owing prior to issuance of building permits for the Project based upon the proportional trips generated from the square footage of Page 4 oVilp development proposed in such building permits as compared to the trips generated from full buildout. 5.3 Tukwila Urban Access/Klickitat Improvement Proiect. The City has begun design of the Tukwila Urban Access/Klickitat Improvement project, Project 84 -RW19 (the "Klickitat Project The Parties agree that the design will include as a design alternative a new vehicular ingress only "slip ramp" (the "Slip Ramp that will provide access by northbound traffic north of Strander Boulevard down into the Property, a pedestrian access via a separated pedestrian walkway from Southcenter Parkway, and a retaining wall as necessary to support the Southcenter Parkway improvements for Phase I (the "Klickitat Wall If the Sears Tire, Batteries and Accessories (TBA) store is built prior to the construction of the Klickitat Project, Westfield shall build a retaining wall for the TBA pad (the "TBA Wall and submit documentation to the City that confirms the cost of the TBA Wall (the "TBA Wall Costs In the event that the City uses the TBA Wall as a portion of the Klickitat Project or removes the TBA Wall, Westfield shall be compensated by the City for the 'IBA Wall Costs as follows: (a) in cash at completion of the Klickitat Project; (b) in the form of a credit in the amount of the TBA Wall Costs against any LID assessment for the Klickitat Project; or (c) a combination of (a) and (b) that fully compensates Westfield. If the TBA Wall is removed in whole or in part by the construction of the Slip Ramp, no compensation shall be due from the City. If the Slip Ramp design alternative is chosen by Westfield to be included in their final project, Westfield shall reimburse the City for all construction costs associated with the construction of the Slip Ramp and separated pedestrian walkway, but not for costs associated with the Klickitat Wall. 5.4 Transportation Improvement Proiect Credit. Westfield and/or Owner shall dedicate the right -of -way necessary for the Klickitat Project. Westfield and/or Owner shall also dedicate, at no expense to the City, the right -of -way necessary for the Slip Ramp and the separated pedestrian access, if Westfield agrees to fund these additional improvements. Westfield has received a credit in the amount of $846,240 against the Traffic Impact Fees for the dedication of right of way necessary for the Klickitat Project. This credit is reflected in the reduced Transportation Impact Fee delineated in Section 5.2. The Parties agree that such dedicated right of way shall not include any parking lot or circulation driveways in the Project. 5.5 No Protest LID Agreement. Prior to issuance of the first building permit, Westfield and Owner shall execute individual no protest LID Agreements for the following future projects: Improvements to Tukwila Parkway 61 Avenue South Bridge Widening Tukwila Urban Access/Klickitat Improvement Project Westfield shall receive a credit against the assessment for the Tukwila Urban Access/Klickitat Improvement Project LID for that portion of the Impact Fees paid pursuant to Paragraph 5.2 that are attributable to the Tukwila Urban Access/Klickitat Improvement Project. Each agreement to not protest the formation of a future Local Improvement District shall include the right of Westfield and the Owner to protest the methodology and/or specific amount of any LID assessment. Page 5 0 5.6 Frontage Improvements. a. Westfield shall provide frontage improvements along Andover Park West from Strander Boulevard north to the new limits of the existing bus pullout, and from Baker Boulevard north to the Bank of America property line; along Tukwila Parkway between the Bahama Breeze access and the Bank of America property line (all these improvements are hereinafter referred to as "Frontage Improvements The Frontage Improvements shall be designed and constructed consistent with the following: 1. Landscaping shall be completed pursuant to the Tukwila Street Tree Program for the CBD Sidewalk Project; however, tree placement is preferred between traffic and sidewalk whenever practicable. 2. Sidewalk sections shall be concrete and a minimum of six feet (6') in width except that, in locations where the sidewalk is adjacent to an existing traffic control cabinet or light pole, the sidewalk may be reduced to the minimum ADA width. 3. All light poles or other obstructions (e.g. signal control cabinets) may either be located or relocated behind the sidewalk or, at Westfield's discretion, the light pole or other obstruction may remain within the sidewalk, but the sidewalk shall be widened to provide clear passage around the pole or other obstruction so long as the width is consistent with ADA standards. The only exception to this provision is if a sight distance or turning radius issue is created by the pole or obstruction at the Strander Blvd. and eastern driveway location. If, at this one location, the City determines that sight distance or turning radius standards cannot be met, the pole or obstruction shall be relocated at Westfield's expense, or Westfield shall provide engineering substantiation demonstrating that turning movement and sight distance standards will be met without such relocation. 4. All public sidewalks may be installed on easements. 5. The Frontage Improvements are illustrated on Exhibit E "Frontage Improvement Design attached hereto and incorporated herein by this reference. Should a conflict arise between the text in this Section 5.6 and the Frontage Improvement Design, the conflict shall be resolved by mutual agreement of the Parties. b. The westerly access on Strander Blvd. shall be relocated so that it aligns with the existing driveway on the south side of Strander Blvd. that provides access to the "rear" parking/service area of Target and the primary entrance to the Tukwila Pond Park. Westfield shall construct a traffic signal with full turning movements at this access. The Parties agree that no public safety concerns at this access have been forecast to warrant turning movement restrictions. Should the City identify, in the future, safety concerns that may warrant turning movement restrictions, the City shall provide notice to Westfield and a reasonable opportunity to comment and propose alternative measures to address potential safety concerns. c. Westfield shall provide restriping, if necessary, so that channelization in Baker Blvd. matches changes in the Andover Park West/Baker Blvd. intersection. Page 6 of d. Westfield shall provide the City with easements for the maintenance of the traffic signal loons that are present on the Property. The City shall bill Westfield on an annual basis for the actual maintenance performed on the traffic loops. e. The Project plans must include an extension of the Andover Park West transit center pullout to the south by thirty feet (30') subject to approval by adjacent tenants; however this shall not restrict the City from closing this access under its authority under the State of Washington Constitution. f. The Project plans must include modifications to the two accesses to the U.S. Post Office to permit right in/right out with widths between twenty -five feet (25') and thirty -five feet (35'), and include closing of the two accesses located in front of the Firestone building, all subject to approval by adjacent tenants; however this shall not restrict the City from closing this access under its authority under the State of Washington Constitution. g. Any future changes to access points or intersections must be designed to align with existing adjacent access driveways. Civil plans must include information on the neighboring accesses /intersections. h. To accommodate sidewalks, utilities and temporary construction, Westfield shall provide a new 15 -foot wide easement along Andover Park West in those areas of the existing 10- foot and 5 -foot easements. The existing 10 -foot and 5 -foot easements shall be extinguished. Section 6: Water, Sewer, and Surface Water Utilities 6.1 General. The Project will require removal of a substantial amount of the utilities infrastructure on the south side of the site, but will have only minimal effect upon the north side utilities. The Owner, Westfield and the City agree that the utilities are in fair shape, except for a bow in the sewer line north of Mervyn's Department Store, which is located in the northeast portion of the Property and which needs to be corrected. All of the fire and irrigation cross connection controls on the north side of the development are in place and up to date. So long as the requirements of Sections 6.2 and 6.3 of this Agreement are met, sufficient sewer and water capacity exists for the Project. The City shall not withhold any permit approvals for the Project on account of insufficient water or sanitary sewer capacity to accommodate the Project. The City shall not require any additional off -site water, sewer or surface water infrastructure improvements to support the Project. The Parties agree to the conditions set forth in the remaining subsections of this Section for any building permit(s) for the Project. 6.2 Water Service. a. A water availability certificate shall be issued by the City upon Owner and Westfield completion of the following: 1. Submission of a site survey locating the existing 8 -inch water line along Southcenter Parkway and its 15 -foot easement, and an accurate provision of a new easement, if needed, that coincides with the actual location of the water line. Page 7 o Z 2. Installation, at Westfield's expense, of two 10 -inch valves; one on the east side and one on the west side of the site. Owner and Westfield shall own and maintain all existing and new water system infrastructure between the two valves, except water meters exterior to the building, which shall belong to the City pursuant to TMC Chapter 14.04 (Water Rates and Regulations). 3. Upsizing, at Westfield's expense, to a new 12 inch water line, those portions of the existing 10 -inch water line on the south side of the Property that must be relocated in order to construct the Project. No further conditions need to be satisfied for issuance of the water availability certificate. b. There are approximately nineteen existing external connections to the looped, 10- inch mains. Some of these connections are water supply to the building and some of these connections are for irrigation. All water supply connections to the building shall have City owned meters at the private main. The City shall install these meters. Exhibit F shows the City's responsibilities for the installation of the meters. The City agrees to waive the permanent installation meter fees. Westfield shall meet current City standards for all new connections as follows: 1. Installation of a reduced pressure principle assembly "RPPA between each water supply meter and the building, locating each RPPA as close to its meter as possible. 2. On lines that Westfield replaces, upgrade the water only (irrigation meters), as needed to meet the City's current standard. 3. On lines that Westfield replaces, upgrade the cross connection control (backflow prevention) on the irrigation meters as needed. 4. Provision of an easement benefiting the City for each meter, new or existing. c. The City shall include the capacity provided by the new line in its fire flow modeling. 6.3 Sewer Service. a. In 2006, the City shall repair the sewer line north of Mervyn's to remove the bow in the pipe. b. Upon the City's completion of sewer line repair work north of Mervyn's, Owner and Westfield shall accept ownership and assume maintenance responsibilities for the existing sewer system from the connection at the main in Andover Park West throughout the Property. 6.4 Surface Water. The Parties analyzed the potential stormwater impacts of the Project in the EIS. The EIS concluded that because the Project would not increase the amount of impervious surface at Southcenter, the Project would generate no additional effect on water Page 8 o Jlo quantity relative to existing conditions. The EIS further concluded that because the Project includes converting some existing surface parking areas into structured parking and interior mall space, the Project would have a net positive effect on the quality of surface water runoff for Southcenter. Based on this analysis, the Parties agree that no new or additional stormwater detention will be required as part of the Project. Westfield has agreed to include additional stormwater quality treatment on the south side of the Property (e.g., in -line stormwater treatment vaults) as part of the Project to improve the quality of the stormwater runoff generated by Southcenter. 6.5 Ownership of Utilities. In 1969, the City entered into a Bill of Sale of Utility Facilities and Utility Right -of -Way Agreement (the "Utility Agreement with Southcenter Shopping Center Corporation, Boncom Corporation, Allied Stores Corporation and Connecticut Life Insurance, the then owners and lessee of the Property. The Utility Agreement provided that the sanitary sewer trunk lines and laterals, storm sewer trunk lines and laterals, and water mains and laterals (referred to as "Utility Lines installed by the owners to serve the Property were conveyed to the City and were thereafter maintained by the City. Upon completion of the utility repair noted in this Agreement, the City and Owner shall execute a Bill of Sale, in the form generally as attached hereto as Exhibit G, transferring to Owner ownership of and maintenance responsibility for those Utility Lines identified in the Bill of Sale. Owner shall grant easements to the City for access to and inspection of new master water meters constructed as part of the Project. Section 7: Remaining Development Conditions 7.1 Power Supply Distribution. Westfield shall coordinate with Puget Sound Energy "PSE for additional electrical capacity for the shopping center development through the addition of a new distribution feeder circuit to the existing system that presently serves the shopping center campus. As of the Effective Date of this Agreement, the Parties anticipate that the best source for an additional circuit would come from the Southcenter substation located on Southcenter Parkway and approximately S. 168 St. An empty conduit pathway placed by PSE exists from the substation to the south side of the Southcenter property at Strander Blvd. To meet this condition, Westfield shall extend a vault and conduit system north from the intersection of Southcenter Parkway and Strander Blvd., near the former Doubletree Inn, and tie into the existing spare conduits on the west side of the shopping center campus. At this west side location, new conduit pathway and vault infrastructure will be provided by Westfield to facilitate PSE's feeder circuit and primary power switching and transformation equipment necessary to serve the new and renovated development on the shopping center site. The new feeder circuit would then extend from the substation through the conduit system on the Southcenter site to tie into the existing PSE primary power circuitry located on the east side of Southcenter on Andover Park West. As needed, PSE shall add additional station transformer capacity at both Southcenter and Renton Junction substations. 7.2 Communications. Westfield shall upgrade the existing Qwest Communications main point of presence "MPOP space located inside Westfield Shoppingtown Southcenter to meet the anticipated increased voice and data services demand generated by the Project. If the existing space is maintained and expansion occurs in another area in order to meet the increase in Page 9 of/ i demand, Westfield shall protect and provide maintenance access to the existing communications path while digging during construction. If the extent of digging precludes Westfield from protecting the existing communications path, Westfield shall relocate all communications components (preferably in one location). If so, Westfield shall provide new conduit and updated service equipment. Westfield is responsible for any and all upgrades that would enable Qwest to serve Southcenter. 7.3 Air Oualitv Measures. Westfield shall control fugitive dust during construction of the Project using reasonable precautions as provided by the Puget Sound Clean Air Agency. 7.4 Emergency Measures. Westfield shall maintain accessibility to the Project site during construction in order to retain current emergency response times. Westfield shall coordinate displacement of parking and/or disruption to vehicular or pedestrian traffic patterns with Southcenter management and Tukwila Police and Fire prior to construction. 7.5 Security Measures. Westfield shall take the following actions in order to improve existing police service to Southcenter and to meet additional service demands created by the Project: a. Short-term Construction. Westfield shall provide site security measures during Project construction, such as security patrols, fencing, lighting, and provision of secure areas for equipment, in order to discourage theft, vandalism, trespassing, and other unauthorized activities. Westfield shall work with the Tukwila Police Department, where possible, to implement these security measures. b. Radio Communications. Westfield shall coordinate during design and construction of the Project to establish a mutually acceptable Tukwila Police Department and Fire Department transmission and reception with the Valley Communications Center throughout the Property. c. Community Resource Center. Westfield shall provide a tenant space in the Project and designated parking areas for the City of Tukwila Police Department, to be available upon the certificate of occupancy of the Project. The location and size of the space, which shall be mutually agreeable, shall provide visibility and convenience thus enabling the City Tukwila Police Department personnel to support Property safety and security. d. Pronertv Lighting and Security Cameras. Westfield shall provide adequate exterior and/or interior security cameras and adequate exterior and garage lighting that comply with City standards. 7.6 Recycling Program. Westfield shall provide recyclable collection points and haul routes designed to minimize impacts to pedestrian and vehicle routes. Westfield shall designate recycling space that is equal to or greater than space allotted for garbage bins and compactors and work with the City to maintain an effective recycling program, including recycling of plastic film, apparel bags, paper, cardboard bottles and can. Page 10 of'J (C) 7.7 Parking Stall Dimension. Westfield shall be allowed to maintain its existing parking stall striping for buildout of the Project and may replace such striping in its existing configuration where surface parking and circulation areas are reconstructed for the Project. Section 8: Transfer of Property by Westfield and or Owner 8.1 Authority to Transfer. Westfield's and Owner's right to sell, transfer, mortgage, hypothecate, convey or take any other similar action regarding real property interests in the Property or any financing thereto shall not be infringed by this Agreement, provided, however, that any such sale, transfer, sale, lease, etc. shall be subject to the terms and conditions, rights and obligations of this Agreement. 8.2 Obligations of Successors. This Agreement shall be binding upon all subsequent heirs, successors, assigns, purchasers, owners, lessees or lessors and transferees of every nature and kind. Upon transfer of all interest in the Property, Owner /Westfield shall be released from all obligations under this Agreement. 8.3 Estoppel Certificate. The Owner or Westfield may, at any time, and from time to time, deliver written notice to the City requesting the City to certify in writing that, to the knowledge of the City (i) this Agreement is in full force and effect and a binding obligation of the Parties; (ii) this Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments; and (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. The City shall execute and return such certificate within thirty (30) days following the receipt thereof. The City shall have the right to execute any certificate requested by the Owner or Westfield hereunder. The City shall not have any liability to the requesting Party or to any third party for inaccurate information if it provides the estoppel certificate in good faith and with reasonable care. Section 9: Binding Nature; Modification 9.1 Binding Nature. Once executed, this Agreement shall be binding on the Parties to this Agreement and their heirs, successors and assigns, from the effective date through the term of the Agreement. 9.2 Modification or Termination of Agreement. a. This Agreement may be modified or terminated only upon the mutual written agreement of the City Council, Westfield and the Owner and its successors, and/or assigns. b. In addition, this Agreement shall be deemed terminated and of no further force and effect upon the completion of the Project in accordance with the terms and conditions of this Agreement, including issuance of all required occupancy permits. 9.3 Other Agreements. The Parties acknowledge that this Agreement contains the entire agreement between the Parties with respect to the development of the Project. Page 11 of Section 10: General Terms 10.1 Venue. Venue for all disputes arising under or connected with this Agreement and its component parts shall be the Superior Court of King County. This Agreement shall be governed and interpreted in accordance with the laws of the State of Washington. 10.2 No Waiver of Police Power or Condemnation Authority. The City does not waive its police power or condemnation authority by entering into this Agreement, but shall not exercise its police power in any manner inconsistent with this Agreement. 10.3 Covenant Running with the Land. This Agreement and its component parts shall be covenants running with the land and/or equitable servitudes, and shall be binding on the Parties and their successors and assigns, and on all subsequent owners, purchasers, lessees or lessors, and transferees of every nature as set forth herein. Westfield shall record a full and complete original of this Agreement against title to the Property within five (5) days following the effective date of this Agreement with the Real Property Records Division of the King County Records and Elections Department. 10.4 Owner's and Westfield's Responsibility. Any act or omission required of or permitted by the Owner or Westfield may be taken by the Owner or Westfield or by its agents, contractors or employees; provided that the Owner and Westfield shall not thereby be relieved of its responsibility or liability to the City under this Agreement. 10.5 Attorney's Fees. In any action arising under or related to this Agreement, each Party shall bear its own attorney fees and expenses, whether at trial or on appeal, or in any bankruptcy proceeding. 10.6 Specific Performance. In the event that any Party fails to perform as set forth in this Agreement, the non defaulting Party or Parties shall be entitled to pursue specific performance against the defaulting Party. The Parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to the Parties for the following reasons: a. Money damages are inadequate to compensate the Parties for the unique benefits available through this Agreement; and b. Due to the size, nature and scope of the Project, it may not be practical or possible to restore Southcenter to its natural condition once implementation of this Agreement has begun. 10.7 No Third Party Beneficiary. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity a signatory to this Agreement shall have any third party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. Page 12 ofjP 10.8 Other Conditions. The Parties acknowledge that fire and building code conditions may be imposed on building permits issued for the Project. 10.9 Severabilitv. If any section, sentence, clause, provision or portion of this Agreement is declared unlawful or unconstitutional for any reason, the remainder of this Agreement shall continue in full force and effect. 10.10 Notice. All notices or communications provided for by this Agreement must be in writing, and may either be delivered personally, by certified mail, or by express delivery service, return receipt requested. Such notices shall be deemed delivered on the date of receipt, as evidenced by the return receipt or the equivalent (e.g., date stamp of recipient). All notices or communications shall be given to the Parties at their addresses set forth below: For the City of Tukwila: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 For the Owner: Prudential Financial Inc. c/o Daniel J. Kelley 8 Campus Drive 4th floor Parsippany, NJ 07054 For Westfield: WEA Southcenter LLC c/o Westfield Corporation, Inc. Office of the Legal Counsel 11601 Wilshire Blvd., Suite 1100 Los Angeles, CA 90025 -1748 Any Party may, upon ten (10) days written notice to the other Parties, substitute an alternative address for that listed above, either for a particular duration or permanently. 10.11 Authority to Execute. The City, Owner and Westfield represent and warrant that they have the respective power and authority, and are duly authorized to execute, deliver, and perform all of the obligations under this Agreement. Page 13 10.12 Mutual Drafting and Construction. The Parties agree that each of them participated fully in the negotiation and drafting of this Agreement and the rules of construction of ambiguities against the drafter shall not apply to any Party. 10.13 Counterparts. This Development Agreement may be executed in counterparts, each of which shall be deemed an original. Section 11: List of Exhibits Exhibit Description A Property Map B Property Legal Description C. Parking Decision D. BAR Decision E. Frontage Improvement Design F. City of Tukwila Water Meter Detail G. Utility Turnover Document ON BEHALF OF THE CITY OF TUKWILA: Date of Execution: /2/1/66 Steve Mullet, Mayor ATTEST: p 046 tyA, Jane Cantu, City Clerk APPROV FORM: OP C-- C- it Page 14 of ON BEHALF OF PRUDENTIAL FINANCIAL, INC.: By: Prudential Retiremej.t Insurance and Annuity Company Its: Member,� By: Name: ?l Title: t1 Date of Execution: 2 3 6 On this day of ,_e 2005, before me, the undersigned, a Notary Public in and for the State of )2 �ILV� e my commissioned and sworn, personally appeared before me F}! le, r�e iO a me known to be the managing member of Q(u.- ca„J- ua.-�. g,, Iers company, that executed the foregoing instrument, and acknowledged that he signed the same as a free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. SUBSCRIBED AND SWORN to before me this of 2005. 'f it4t)1,t, L-.- Cu 42— ta Printed Name: MARIA A. DASILVA NOTARY PUBLIC OF NEW JERSEY _NOTARY PUBLIC in and for the of COMMISSION EXPIRES MAR. 22, 2008 N si s siding at ,J,_39 /-e /J.e C U v 0-7 oR3 My commission expires Page 15 of,1, ON BEHALF OF WEA SOUTHCENTER LLC By: Westfield America Limited Partnership, a Delaware limited liability company By: Westfield America, Inc. a Missouri corporation, its general partner By: k(4- Date of Execution: al, °Y Its: S2 &mac v P. see o r otar', 6 /oc.� On this /3 day of Vecipmber 2005, before me, the undersigned, a Notary Public in and for the State of ,t ern; u— duly commissioned and sworn, personally appeared before mC e ,4„ -:.'`z. II 1 a gyp, that executed the foregoing instrument, and acknowledged that h signed the same as a free and voluntary act and deed for the uses and purposes therein ment ned, and on oath stated that he is authorized to execute the said instrument. SUBSCRIBED AND SWO to before me this /3 day of /�Q,%,6 er 2005. I' m• W V Printed Name: Annie le h NOTARY PUBLI in and for the State of Ca lifer/ Ninsitinglui0esi g at Los des My commissio expires Apri i .1 aovg y ,Cst 1471766 g War/ F r- fcrnno tw Page 16 of 16 STATE OF CALIFORNIA) ss. COUNTY OF LOS ANGELES) On December 13, 2005 before me, Annie M. Zettel, personally appeared Peter Schwartz personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature )Z (Seal) ANNIE M. ZET3EL P R Ccmmissbn 1478766 E� Nc'Ory Public Celifornla Les Angeles Coll/ 11�+ICaim.Ex licer�i1, r g --bat i if L Z i 1 I 1 z: z_______ TUKWILA PARMA 0 c) 7/7 ill t N e n'. 1 c 1 r 71 1/4, Ea t. 11 r 2 1 i x 1 i Y. k■ n t D.., L i 1 i 1 ,2 0, 1 -.3 1 2 44 t... o C.) 1- ig i E 0 4 i' X ..!T y 0 w t. ty Itt 0- 'e Cd 1 I .ir: r '9. t, a, s 0 9 t I I Q. et I 1 Vei LI t w a_ thia. i r 4 f 1 t mkt I ME r Liali 1 ii i 1 .';1. I r-i.-- *cdi B ii,-- ,..._:_.,-17,.,..v.,....._ .k r I; --I- •-:-..---,1-,......- -,--,..,,,,,..1•4- r 1,1- -,,f....,-,.,,,y,,, X 1,,, I 'se f e 6 C 4•12, 1 d :_7 1 si ,7_ „-.--2...--1,W-71..v. X= 1.-- 7--- Ft ..----fe." .:::::J J, ..1,1, 4 c. -1 4 6 4-st. i ..i. <;‘.:,_47-.."- 1 f V. Zr .°"-4- ?r ",1 7 r .3 I 1 '•----2,.. ,,7-- i .z.-....1 7_ y z ,-.1- 2.Si )1-J l ei. ;7 "2,7 1 -Y 4;7,--5--- t3iriv1 -7-' J.1,11 Lt- ...lAxv- it,,,_ C 1 `-i -NR-3-FZIA r:R3 11- z .7--- 2----- 11 4.::,..-..5.1 Lile 4 ---c. 72 ..tt:R.-r; g 7 •,1- -1 i 7 tVi -a 82 1 --r -7,-- k 1--- 7 ,5 i I I 1 r 1; r r n r I 1 .1 --L____ r 1% .9, 1 1.... z- :.......1 z_. z.... P t. r, ---_-„rt...1 ...11-Elia _I--1--,' ,r STRAKDER BOULEVARD ...arm gr Source: HudellIWeinman Associates, Inc. KiTaatUrrag% Westfield Shoppingtown Southcenter Expansion ENVIRONMENTAL IMPACT STATEMENT Westfield Shoppingtown Southcenter Expansion Final EIS Description of the Proposed Action 1 EXHIBIT B LEGAL DESCRIPTION PARCEL I: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; AND OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PI:ATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; AND OF THE W.H. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 00 °12'09" WEST ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID SUBDIVISION 406.49 FEET; THENCE SOUTH 89 °47'51" WEST 30 FEET TO THE WEST MARGIN OF ANDOVER PARK WEST AND THE TRUE POINT OF BEGINNING; THENCE NORTH 87 °25'13" WEST 526.42 FEET; THENCE SOUTH 00 °19'36" WEST 30.02 FEET; THENCE NORTH 87°25' 13" WEST 253.52 FEET; THENCE SOUTH 00°19'36" WEST 366.84 FEET TO THE NORTH LINE OF THE SOUTH 40.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG SAID NORTH LINE 179.20 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS NORTH 00°19'36" EAST FROM A POINT ON THE SOUTH LINE OF SAID SECTION 23, WHICH IS 341.40 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 00 °19'36" WEST 14.00 FEET; THENCE NORTH 89 °40'24" WEST 10.50 FEET; THENCE SOUTH 00°19'36" WEST 36.83 FEET; THENCE NORTH 89 °40'24" WEST 7.90 FEET; THENCE SOUTH 00 °19'36" WEST 42.17 FEET; THENCE NORTH 89 °40'24" WEST 72.00 FEET; THENCE SOUTH 00°19'36' WEST 96.00 FEET; THENCE NORTH 89 °40'24" WEST 226.00 FEET; THENCE NORTH 00 °19'36" EAST 138.17 FEET; THENCE NORTH 89 °40'24" WEST 79.90 FEET; THENCE NORTH 00 °19'36" EAST 10.83 FEET TO THE WES 1'ERLY EXTENSION OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG SAID EXTENSION 10.50 FEET; THENCE NORTH 00 °19'36' EAST 40.00 FEET; THENCE NORTH 89 °40'24" WEST 151.60 FEET; THENCE NORTH 00 °19'36" EAST 790.45 FEET TO THE NORTHEAST CORNER OF THAT PORTION OF THE SOUTHCENTER PARKWAY VACATED BY ORDINANCE NO. 555, CITY OF TUKWILA, AND AS RECORDED UNDER RECORDING NO. 6516239, TN KING COUNTY, WASHINGTON, SAID NORTHEAST CORNER ALSO BEING A POINT ON A 565.79 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THROUGH WHICH A RADIAL LINE BEARS SOUTH 04 °34'32" EAST; THENCE WEST ALONG SAID CURVE AND THE SOUTHEASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY, 282.00 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT OF A 339.07 FOOT RADIUS; THENCE SOUTHWESTERLY ALONG SAID CURVE 37.76 FEET TO THE MOST NORTHERLY POINT OF A TRACT OF LAND CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6516243, IN KING COUNTY, WASHINGTON; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE AND SOUTHEASTERLY MARGIN 312.17 FEET; THENCE SOUTH 89 °39'00" WEST ALONG SAID SOUTHEASTERLY MARGIN 17.04 FEET TO THE EASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY (FORMERLY 57TH AVENUE SOUTH) AS DEEDED TO THE CITY OF TUKWILA AND RECORDED UNDER RECORDING NO. 5735981; THENCE SOUTH 00 °21'00" EAST ALONG SAID EAST MARGIN 438.12 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 00 °23'45" EAST ALONG SAID EAST MARGIN 633.44 FEET TO THE 1 NORTHERLY LINE OF STATE HIGHWAY RIGHT OF WAY; THENCE NORTH 89 °52'42" EAST ALONG SAID NORTHERLY LINE 5.31 FEET TO THE EASTERLY LINE OF SAID STATE HIGHWAY RIGHT OF WAY; THENCE SOUTH 00°07'18" EAST ALONG SAID EASTERLY LINE 134.50 FEET TO THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 43 25'OS" WEST ALONG SAID SOUTHEASTERLY LINE 6.74 FEET TO THE AFORESAID EAST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 00 °23'45" EAST ALONG SAID EAST MARGIN 471.45 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 77.70 FEET TO A POINT OF TANGENCY ON THE NORTH LINE OF STRANDER BOULEVARD (FORMERLY SOUTH 164TH STREET), AS DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON FEBRUARY 14, 1963; THENCE SOUTH 89 °26'22" EAST ALONG SAID NORTH LINE 588.31 FEET; THENCE SOUTH 89 30'56" EAST ALONG SAID NORTH LINE 1255.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 79.14 FEET TO THE WEST LINE OF ANDOVER PARK WEST, AS DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON NOVEMBER 1, 1962; THENCE NORTH 00°12'09" WEST ALONG SAID WEST LINE 1652.93 FEET TO TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PEAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; AND OF THE W.H. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE THEREOF 217.00 I'EET; THENCE NORTH 00 °19'36" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °40'24" EAST 151.60 FEET; THENCE NORTH 00 °19'36" EAST 182.00 FEET; THENCE SOUTH 89 °40'24" EAST 406.80 FEET; THENCE SOUTH 00o1936 WEST 182.00 FEET; THENCE SOUTH 89 °40'24" EAST 179.20 FEET; THENCE NORTH 00 °19'36" EAST 366.84 FEET; THENCE SOUTH 87 °25'13" EAST 253.52 FEET; THENCE NORTH 00 °19'36" EAST 208.77 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT OF A 45 FOOT RADIUS; THENCE ALONG SAID CURVE 45.96 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT OF A 122.35 FOOT RADIUS 63.68 FEET TO THE SOUTHERLY MARGIN OF TUKWILA PARKWAY AS DEEDED TO THE CITY OF TIJKWILA AND RECORDED UNDER RECORDING NO. 5735981, IN KING COUNTY, WASHINGTON; THENCE SOUTH 88 °40'00" WEST ALONG SAID SOUTHERLY MARGIN 76.15 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT OF A 1472.39 FOOT RADIUS; THENCE ALONG SAID CURVE AND SOUTHERLY MARGIN 423.38 FEET; THENCE NORTH 74 °51'30" WEST ALONG SAID SOUTHERLY MARGIN 407.05 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF 552.62 FOOT RADIUS; THENCE ALONG SAID CURVE AND SOUTHERLY MARGIN 185.63 FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 00 19'36" WEST; THENCE SOUTH 00 °19'36" WEST 788.90 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 110.00 FEET OF THE WEST 151.60 FEET THEREOF; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEEDS RECORDED UNDER RECORDING NOS. 8603140908, 8603140909 AND 8603140910. 2 PARCEL 3: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; AND OF THE WIT. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 89 40'24" EAST ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER 341.40 FEET; THENCE NORTH 00 °19'36" EAST 107.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 °19'36" EAST 114.25 FEET; THENCE NORTH 89 °40'24" WEST 406.80 FEET; THENCE SOUTH 00 °19'36" WEST 114.25 FEET; THENCE SOUTH 89 °40'24" EAST 90.40 FEET; THENCE NORTH 00 °19'36" EAST 27.42 FEET; THENCE SOUTH 89 °40'24" EAST 226.00 FEET; THENCE SOUTH 00 °19'36" WEST 27.42 FEET; THENCE SOUTH 89 °40'24" EAST 90.40 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 4: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: CONIIvIENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG THE WESTERLY EX TENSION OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER 65.40 FEET; THENCE NORTH 00 °19'36" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°19'36" EAST 110.00 FEET; THENCE NORTH 89 °40'24" WEST 151.60 FEET; THENCE SOUTH 00 °19'36" WEST 110.00 FEET; THENCE SOUTH 89 °40'24" EAST 151.60 FEET TO THE TRUE POINT OF BEGINNING. 3 c 4EXH IBIT 0 -5; Gity of Tu i '41/44 l4 l Steven M. Mullet, Mayor C fi r`. try t Department of Community Development Steve Lancaster, Direct 190B PARKING DECISION NOTICE OF DECISION DECEMBER 3, 2004 To: Greg Fitchitt, Development Director, Westfield, Inc. King County Assessor, Accounting Division Agencies with Jurisdiction All Parties of Record This letter serves as a notice of decision and is issued pursuant to Section 18.104.170 Tukwila Municipal Code (TMC) "Notice of Decision, Permit Application Types and Procedures" I. Project Information File Number: L04 -055 Complementary Parking Approval and Administrative Parking Variance Type of Permit Request: Type 2 approval for Complementary Parking and for an Administrative Parking Variance that results in a reduction from the minimum number of required parking spaces for the Westfield Shoppingtown Southcenter expansion. Location: The site is southeast of the intersection of I -5 and I -405 and is bounded by Strander Boulevard, Southcenter Parkway, Tukwila Parkway, and Andover Park West. Associated Files: L04 -049 Design Review E03 -010 State Environmental Policy Act Applicant: Greg Fitchitt, Development Director Owner: Westfield Corporation, Inc. Notification: Notice of Application for this Type 2 permit was mailed to surrounding properties and posted on the site on August 26, 2004. Comprehensive Plan Designation: Tukwila Urban Center 6300 Southcenter Boulevard. Suite #100 a Tukwila. v.ashi n ?ton 98188 Phone: 20h- 4.31 7n7n g 7n ,_al;_g,n; Notice of Decision L04 -055 Westfield Shoppingtown Southcenter Complementary and Administrative Parking Variance Zone Designation: Tukwila Urban Center SEPA Compliance: A Determination of Significance was issued on July 29, 2003. The Draft Environmental Impact Statement was issued on June 21, 2004 and the Final Environmental Impact Statement on October 7, 2004. H. Decision Based upon the plans and information submitted in connection with this application and with Design Review application L04 -049; and based upon the findings and conclusions contained in the staff report dated December 2, 2004; and subject to the conditions recited below; the minimum parking requirement for the proposed expanded Westfield Shoppingtown Southcenter is hereby established at 7,192 spaces, as follows: Complementary Parking. A "complementary use" allowance of 88,200 square feet is hereby approved. This reduces the "usable floor area" upon which the parking requirement is based, from 1,594,402 square feet to 1,506,202 square feet. Administrative Parking Variance. An administrative parking variance of 4.5% is hereby granted, subject to the following conditions: 1. Westfield, as the management organization for the Mall, shall agree to develop and implement a Transportation Demand Management (TDM) program that effectively reduces employee single occupant vehicle parking at the mall. The TDM program shall include incentives for remote parking of employees during periods of peak parking demand. The TDM program shall be subject to approval by the Director of Community Development, which approval shall be obtained prior to issuance of building permits for the proposed mall expansion. 2. Westfield shall participate financially in planned improvements to the Metro transit center located adjacent to the mall along Andover Park West, including upgrades in capacity, structures, lighting and amenities. Westfield's participation shall include dedication of an easement of up to eleven (11) feet of land along the length of the planned transit facility, and a financial contribution of $500,000. 3. Westfield shall provide weather protection along the internal sidewalk leading to the transit facilities on Andover Park West. The design of the improvements shall be harmonious with the design of the Mall expansion and shall be subject to approval by the Board of Architectural Review. 4. Westfield shall provide footings and related components for an internally lit Metro transit shelter and for a trash receptacle at the existing Strander BI and 61 Av S. westbound bus stop. The shelter footing shall include conduit to a handhold/junction box and conduit and Page 2 of 2 Notice of Decision L04 -055 Westfield Shoppingtown Southcenter Complementary and Administrative Parking Variance wiring from the handhold/junction box to the power source junction box. The exact footing location shall be determined in consultation with King County Metro Transit and Tukwila's City Engineer. These improvements shall be placed outside of the six foot public sidewalk and an appropriate easement provided, if necessary. Construction details and specifications are available from and shall be coordinated with King County Metro Transit. III. Your Appeal Rights This is a Type 2 depision issued pursuant to Section 18.104.010 Tukwila Municipal Code (TMC) "Classification of Project Permit Applications, Permit Application Types and Procedures." Other applications related to this project are still pending. This Decision may be appealed to the Tukwila City Council. No administrative appeal of the EIS is permitted. A party, who is not satisfied with a City Council decision on an appeal, may file an appeal of the Council's decision in King County Superior Court. IV. Procedures and time for appealing In order to appeal the Community Development Director's decision, a written notice of appeal must be filed with the Department of Community Development within 21 days of the issuance of this Notice of Decision. The deadline for appeal of this Notice of Decision is 5 p.m. on December 27, 2004. The requirements for such appeals are set forth in the Appeal Processes Chapter of the Zoning Code (18.116 TMC) All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. 4. The Notice of Appeal shall identify: (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. Page 3 of 3 Notice of Decision L04 -055 Westfield Shoppingtown Southcenter Complementary and Administrative Parking Variance V. Appeal Hearings Process Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the City Council based on the testimony and documentary evidence presented at the open record hearing. The City Council decision on the appeal is the City's final decision. Any party wishing to challenge a City Council decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal of the EIS may be included in such an appeal. If no appeal of the City Council decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. The City's decision to issue an EIS is final for this approval and any other pending permit applications for the development of the subject property. VI. Inspection of Information on the Application Project materials including the application, the staff report, and other studies related to the approval are available for inspection at the: Tukwila Department of Community Development, 6300 Southcenter Blvd., and Suite 100, Tukwila, Washington 98188 Monday through Friday 8:30 a.m. and 5:00 p.m. The project planner is Moira Carr Bradshaw, who may be contacted at 206 -431 -3670 for additional information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. Steve Lancaster, Director Department of Community Development City of Tukwila Page 4 of 4 EXHIBIT City o Tu i a Steven M. Mullet, Mayor !Of` i sp• a� Department of Community Development Steve Lancaster, Director t1 1- 1908 BOARD OF ARCHITECTURAL REVIEW NOTICE OF DECISION DATED DECEMBER 13, 2004 To: Greg Fitchitt, Development Director, Westfield, Inc. King County Assessor, Accounting Division Washington State Department of Ecology Agencies with Jurisdiction All Parties of Record This letter serves as a notice of decision and is issued pursuant to the Notice of Decision, Permit Application Types and Procedures Chapter, Tukwila Municipal Code (TMC,)" (18.104.170 TMC) on the following project approval. I. Project Information File Number: L04 -049 Design Review Type of Permit Request: Type 4 approval for design review that results in expansion of Westfield Shoppingtown Southcenter and approval of nonconforming landscaping. Specifically, approval for a site plan for 597,009 square feet of new building square footage consisting of a three level addition to the mall, two parking structures, four new outlying building pads and associated site and landscape improvements; and elevations for the mall addition, for the two parking garages and for miscellaneous structures; and Approval of modification of the landscape standards imposed by the Zoning Code thereby allowing existing nonconforming conditions to continue per the Nonconforming Lots, Structures and Uses Chapter (18.70.080 (B) Tukwila Municipal Code (TMC.)) Location: The site is southeast of the intersection of I -5 and I -405 and is bounded by Strander Boulevard, Southcenter Parkway, Tukwila Parkway, and Andover Park West. Associated Files: L04 -055 Complementary Parking and Parking Variance E03 -010 State Environmental Policy Act 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 0 Phone: 206- 431 -3670 0 Fax: 206- 431 -3665 Notice of Decision L04 -055 Westfield Shoppingtown Southcenter Complementary and Administrative Parking Variance Applicant: Greg Fitchitt, Development Director Owner: Westfield Corporation, Inc. Notification: Notice of Application for this Type 4 permit was mailed to surrounding properties and posted on the site on August 26, 2004. Comprehensive Plan Zoning Designation: Tukwila Urban Center SEPA Compliance: A Determination of Significance was issued on July 29, 2003. The Draft Environmental Impact Statement (EIS) was issued on June 21, 2004 and the Final EIS on October 7, 2004. II. Decision Based upon the plans and information submitted in connection with this application; the decision on the complimentary parking and parking variance application (file number L04 -055;) the finding and conclusions contained in the staff report dated December 2, 2004; the public hearing on December 9, 2004; and subject to the conditions recited below; the Tukwila Board of Architectural Review has determined that the application for expansion of Westfield Shoppingtown Southcenter does comply with applicable City code requirements and has approved this application. Design Review Conditions: 1. Ground mounted utilities shall be located and/or screened so that they are unobtrusive. 2. The Tenant Exterior Storefront Criteria (Attachment A of Staff Report) shall be modified so that they are Requirements as opposed to Criteria, and that there is a narrative created for Permitted Materials. The narrative shall specify that building material choices support the cohesiveness of the architecture of the mall, be durable and chosen from the permitted list of materials. Wood shall be modified to specify its minimum usage. A Landscaping element shall also be added with the objective that plant material be used to provide transitions between building and pedestrian areas, soften building edges, provide focal points where needed and create interest and detail. Nonconforming Landscape Condition: 3. Between the northerly limits of the scope of work and Strander BL, plants shall be added in all areas where opportunities exist that will not produce displacement of parking or circulation such as at the end of parking aisles between the J.C. Penney garage and Andover Park West. In addition, setback the parking stalls adjacent to the transit zone to accommodate the requested 1 lfeet in additional depth. (Sheet 1.1 of Attachment C of Staff Report) Page 2 of 4 Notice of Decision L04 -055 Westfield Shoppingtown Southcenter Complementary and Administrative Parking Variance III. Your Appeal Rights The decision on this Permit Application is a Type 4 decision pursuant to the Tukwila Municipal Code (18.104.010 TMC.) One administrative appeal to the City Council o f the Board of Architectural Review Decision is permitted. No administrative appeal of the EIS is permitted. A party, who is not satisfied with a City Council decision on an appeal, may file an appeal of the Council's decision in King County Superior Court. IV. Procedures and time for appealing In order to appeal the Board of Architectural Review decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 21 days of the issuance of this Decision, that is by December 30, 2004. The requirements for such appeals are set forth in the Appeal Processes Chapter of the Tukwila Municipal Code (18.116.) All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the d ecision b eing appealed; (b) t he h arm s uffered o r anticipated b y t he appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. V. Appeal Hearings Process Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the City Council based on the testimony and documentary evidence presented at the open record hearing. The City Council decision on the appeal is the City's final decision. Page 3 of 4 Notice of Decision L04 -055 Westfield Shoppingtown Southcenter Complementary and Administrative Parking Variance Any party wishing to challenge the City Council decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal of the EIS may be included in such an appeal. If no appeal of the City Council decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. The City's decision to issue an EIS for this approval and any other pending permit applications for the development of the subject property is final. VI. Inspection of Information on the Application Project materials including the application, the staff report, the EIS, and other studies related to the approval are available for inspection at the: Tukwila Department of Community Development, 6300 Southcenter Blvd., and Suite 100, Tukwila, Washington 98188 Monday through Friday 8:30 a.m. and 5:00 p.m. The project planner is Moira Carr Bradshaw, who may be contacted at 206 -431 -3670 for additional information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. Department of Community Development City of Tukwila Page 4 of 4 1 it ‘4' 5 _10 i;;Icooci4,0 ._.....,_.,„___.o 2 .ilfcc m-ali i. i 1 I lt r o U1,,144444' 1, T 3 4 17. :AV_ I 1 ii-, 1 111 '-a 1----;' a 1 -Z; Va ill k r 9. -441.- l --,;,,k-ur 1-1 6 t r 1 .11 C i l r ----A 9 "?'-.1, r.,-, lol I,. 1 1 11 1:2:, ---1 Z L 1 41:1___, -:.-9-`.''''IT N knit =1 1 liar- r--- i -,..1-------- is 4 1 ..t i: 0 A k, t r 1 t r-- 41 i 1;..' i- __T_--:, t to.‘,5 -5, =.:17; -4: .7ti:-, ,f, 111 1, 11 1 11 1`r:' A -„,„:„,,,,-<:`,--==.:T."":‘ "-AV 2 '1 :4 I 1' 1 so _....•••■001111 aN ti4f t i „ic, 3 0 1 Ka 0 Atililillilli111111 HMI ,256 al c A11111111i1111111111111111 :f 1 W 1B g.14.:110:3<140:1<1.1<kl<10<3.1<KKK1944-,3.1 A 9 1 ill i!l'i eiLl. 1 dj_1‘. I ,7- S 3 i !A E 11 i i 1 1 1 T -r. '-1 .:t 7 0 ;ff. 1 1 ,.._2, 11 ,r: 7 l',-- i• MIEN L'S .F SSA MATERIAL LIST COPPER BYPASS 10 2 FLEX. CPLG. TO FIT, EQUAL TO ROCKWELL 441 (REDUCE AT TAP). 20 2 SINGLE STRAP SERVICE CLAMPS a' EQUAL TO ROMAC 101 WITH IPS TAP. 1 -O7 ROCKWELL 313. 03 3 STRAIGHT CPLG., COPPER TO OUTSIDE 0 I.P. THREAD EQUAL TO MUELLER H -15428 110 T t t.. i COMP. NW --1-- 1 N� O -1 -1/4 BEND CPLG. COPPER TO COPPER, !tot O r in EQUAL TO MUELLER H- 15526. 50 1 -1/4 BEND CPLG. COPPER TO OUTSIDE 0 I.P. THREAD EQUAL TO MUELLER H- 15530. 1 i O 2 BALL VALVES WITH PADLOCK WINGS OR LOCK CAPS (MUELLER). 7 2 G.V. FL. EQUAL TO MUELLER A- 2307 -6. 8 3" TO 6" COMPOUND METER SUPPLIED BY CITY. m Q 1- C.I. ADPT., FL. X PE LENGTH TO FIT. 1 CPLG. ADPT., FL. EQUAL TO ROCKWELL 912. GENERAL NOTES: 1. METERS 3 "-6" SUPPLIED BY CITY. 2. VAULT SHALL BE PRECAST CONCRETE VAULT. 3. ALL PIPE FITTINGS 4° AND LARGER SHALL BE CEMENT LINED, CL52. MATERIAL UST 0.1. BYPASS 4. PIPING FROM MAIN TO VAULT SHALL BE 4" ON 3" METER INSTALLATION, TEE WITH VALVE ON EXISTING MAIN REQUIRED. O 2 FLEX CPLG. TO FIT. 5. REFER TO SECTION 7.3.2. 0 2 D.I. FL X P.E., LENGTH AS REQUIRED. O 2 -TEE, FL O 2 G.V., FL. MUELLER A- 2370 -6 OR EQUAL. O 1 3" TO 6" METER, AS SPECIFIED. 1 ADPT. FL X P.E. 12" LONG. 0 1 -CPLG. ADPT., FL EQUAL TO ROCKWELL. 0 2 G.V. F" :EQUAL TO MUELLER A- 2370 -6 Y (G.V. SATISFACTORY LOCKING DEVICE MUST BE FURNISHED). 2) GALV, SAFETY PLATE EQUAL TO 3 D.I. PIPE FL. EACH END, LENGTH TO FIT. 2 90° BENDS, FLANGE. 27,2"X1/4'L CUT RYERSON INLAND 4WAY SAFETY PLATE TO FIT INSIDE BOX MEDIUM PATTERN SIZE. 2 #5 BARS, TYP. HINGE 3' FROM TOP OF VAULT TO T j 1 FINISHED GRADE IN PLANTED AREAS 1 —z #5 BAR 1' OVERLAP 6 "X12' INSPECTION LID CENTERED EACH CORNER OVER METER REGISTER #5 AT 1' ON CENTERS o j VERT. &HORIZONTAL b CC 1F -i1 e 0 C> 0 F PROVIDE CONCRETE SUPPORT V BLOCKS 1-1/2 ROCK BASE j 8' MIN. THICK. INSTALL 4' CONCRETE f SEWER PIPE TO DAYLIGHT FOR DRAIN O 0 UNLESS OTHERWISE APPROVED. O 10 0 WITH DUCTILE IRON BY -PASS NOT TO SCALE METER 4g�` f i t C of 3" TO 6" f l` 5 SHEET: WS-04 spy Tukwila REVISION #1: 08.03 a 190 1 APPROVAL: B. SHELTON e EXHIBIT G BILL OF SALE OF UTILITY FACILITIES THIS BILL OF SALE FOR UTILITY FACILITIES "Bill of Sale is made as of 2005, by and between City of Tukwila, a Washington municipal corporation "City"), and Prudential Financial Inc.( "Owner RECITALS A. In 1969, the City entered into a Bill of Sale of Utility Facilities and Utility Right of -Way Agreement (the "Utility Agreement with Southcenter Shopping Center Corporation, Boncom Corporation, Allied Stores Corporation and Connecticut Life Insurance, the then owners and lessees of certain property in the City legally described in Exhibit A (the "Property"). The Utility Agreement provided that the sanitary sewer trunk lines and laterals, storm sewer trunk lines and laterals, and water mains and laterals (referred to as "Utility Lines installed by the owners to serve the Property were conveyed to the City and were thereafter maintained by the City. B. City has entered a Development Agreement with Prudential Financial Inc. "Owner the majority owner of the Property, and WEA Southcenter LLC, a Delaware limited liability company "Westfield a lessee and developer of the Property, with respect to development of a Project on the Property and, among other things, the conveyance of certain utilities by the City to the Owner. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City hereby agrees as follows: 1. City hereby transfers to Owner ownership of and maintenance responsibility for those Utility Lines identified in Exhibit A. Owner hereby grants an easement to the City for access to and inspection of new master water meters constructed as part of the Project. 2. This Bill of Sale shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 3. This Bill of Sale and the legal relations of the parties hereto shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to its principles of conflicts of law. C_\Documents and SettingsUim- M\Local Settings \Temp \bill of sale.doc IN WITNESS WHEREOF, this Bill of Sale was made and executed as of the date first above written. ON BEHALF OF THE CITY OF TUKWILA: tki i\ Date of Execution: /Z/ 1165 Steve Mullet, Mayor ATTEST: Atli-Ott 14 Faie../2A: b-V7 Jane Cantu, City Clerk APPROVED AS TO FORM: c< e--____ .City--AtfOrn ON BEHALF OF PRUDENTIAL FINANCIAL, INC.: By: Prudential Retirement Insurance and Annuity Company Its: Member By: Name: .S"el/1. M j l l �{g Title: M Date of Execution: 2/ Add On this day of .bee 2005, before me, the undersigned, a Notary Pklic in and for the State of ashin on, duly commissioned and sworn, personally appeared before me e }1 tarn/Vida, to me known to be the Mai_ of the City of Tukwila, that executed the foregoing instrument, and acknowledged that he/signed the same as a free and voluntary act and deed for-the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. SUBSCRIBED AND SWORN to before me this 7 day of 2005. ktheA± i(i Actkimi, t s Printed Name: Bok‘er--f-- 1-1'. T i L s :a NOTARY PUBLIC in and for the State of u Washington, residing at :F �'Ut3L 0 x•9 07 �i My commission expires ril C: and SettingsUim- M\Local Settings \Temp\�ill of sale.doc i t�li Q y_� Y r 1 w 3s t fir W =`f. ate g7'? -4 Y E 3 r F 0 0 N x ^fie 0 4 I 1 j' F m-- 1. r-1 I fJ! f :M.,-... ..:_w--:_:..--x_-,-r_i _:.,".--,-,-.-4,7,--..7_*-_,-&-,:_l__-_:.: r 4:' '91 ,--N ,v t-f,--;,-_,-,:, V r -rte N .1--4 L s 4 Cr) r f --,,,75.:::----H..---7.---_-T--,t_-,--- ri a -7-1-jr-1--------'-.••---_-_,-.•,a;."-E._:-_ -7--,-- r4 n tea fr77 f 5 s; t z M.--- 1 m 1 --r- =-'-i' I ..r. s r 's, M if- 17.-.=1.-W-C4,_ =3._;.4,- 3.L. r g f �r7u __-_aa,,_,-,,,,w__,_a_.,7_,_____,-_,,-...„,:t:___„..,1 `s.• }r .jam- =,=.1_ io.,..i.c,.„..„_mi....„:„„t„,;r7„,„:„_,,„„_,„.. .:_,.,4,,,,,,,_,..,..,:::„.____,„______„,____,_,,„,„...„„,„,_.„,„...,„ !___,„„547,..„_:.„,....itr,_,„:,,,_:,:,___.m_r._ 4,=,____,?.. ,_____„..„,3, 3_3,33-.;_--_—_ 3.-2.,,,---- 7: 7'7 A7g-Ff y 71 --3, 3. 3.4 v 4 11 -n p er- 13 a f s f t -�t• -r4 ate 1 t s i i f� r M p��m l''.5 t L 7 a -.4 r 3 r w ice-_ ki a r =a S f �S �S i Iv J i m a m l- .3 d 1�1. t- F 1 I4 _n_-:'-vi h z Y a D pi o a bet a IV a s F V F t :--%.-,'''-'-,1:- s 0 -41,,,- ftf_.4_„z i� 4 rs I x u 3� TT i s s "r I---11- :2 p c -rte i 1 sa d= 11 v gig_ r Ci kX r. ll i '4 F_ f r 9 a te fi z i j f xr �3� Kr s- l c3-L' t i -:.=_I-- -1-- 1 7,-; :4- i i ..,.....1w-V-t-ItA-',--4 z_._,_ ,-:.-_,....1-:- i i w 7 1 i e i a T 3 3 -£°t "`°ac- 5 i ti �i i i 3 'x 1 a .ar-iV--117-=,---,-;7==:.,-i:17-'-=fim-----=-=1.4-:=-1---1-4- I '------4-4r1r,;' f r s y Vii. -i air n v T CI) g f it-__V .2 i ..te T V 1 1 1 5_ ..t__7 14-trs:1,-v-tr i ;j 7 gi= 1-i 7-4-7- i,f i--ro,--_-_ 6z:If5 „.3._,....,,_ i_____-;_-___:-.:3_1..:: __17.-7-,--.--- -z--4=.:-_-:-_-____;._:_-:.,..L.--._,±-4-.. _-±,E7 _z_4,:-,...:•,:-..-___,._--5-ii,,_:-.._ ----,-'7.- ,T-.-7--T-5-;--3_=-;: 'ir;_tit!-1.170_!_-_ .•;:-__3:..7.1i7,--_7_-_--sxv_i---1=-:-ift----=,-::=,=_-_:-..T-4-_:„-; .--ff-P-, ----.--..4---„ti:!- --,-,.:,1__!i-_:..:a-t;,;-,2:-_-i--.-=-:--,---_=..-..-:_,,,::=_„-!..-„,:k-7-::: fa Al- ----,--------efi--4------,-'w,*4-77t1,- .ii :7'f 1-- i.----_-__`-i-,_="--T--•-,--2-,-_-if-...,_,7=;.____"..:.,--,-;,-,-,-,,,-.14.-if="j Fi A 74="kb"„;:___-----st--,,...-.„_,3 _w --:-.T-i =i__-- --,:-&,-'__-_-_-_±--;-1F--r,sF---..--,-- -1 .f. -:=Y :-i- r. nt._,T7 -.7-: --,--x iri _v2 ==.=.:4-__:",-: ,1:z,-1?-:-- li-=:4--7: "-t A i "-"=-------S-1_i--5:-,T"-i-Ji.-'2:-'--:_-_,-;.="'Z''.--Ff_-_7_:-----, E31.-?!:74.-!'7---"4:=11::-:."i---it--j.s;t--=:.--..-- ----k -=.--0- _,--7i_I-'_-,-.:,-'--, p I 1p4----If-44----7 ivio!1 7 R 4 ---,,;7:-,:-.-;?;1tri==:=1:_-k-:,-7--=---_,--;,.,-,--_:---:_,,=_-_4--i:_-,1 -,2-A7_----,-1---,4--;_-!,7-------7:ti_tlii ia ii...:_11-541-. --A -,_i-i,;_:-...:,-: :,;_,,1-.-:i:---=-,,..-:--__=_-_,--ii_:;i.„,,,,:;__.:-iffi 4 1 --'=1iril tifir-1 -.'--(61g 4 i'-----i:-:if-t4-_ ---,-erft-=-:_14'..':=:---;::.---=,--",--.;:;j ....,,nr= 1 1,0 --.F--41t-t-V=4 44 7-.--_:7,7;T '7 --J-.f':-3--_-?,_:.14,..3Y.-.'-,•=1 1-q-,,,---.j.,i!. 1 if !-r-I=7--'-=:_-1;;-1:'`' :!'.----7-:'-'__ :._:!:;2,,E ::,-;-,-5§.-:-.::-1._2,,,..;,,,-.-5,-,_ ,:t =.1 „4 re-4-,- j_ ,,.:_.,,,W1*;:al-i i-4.7. -1' -!--1: 771-%;-1=2;--;fq,- '1.-------,::"-:-E---L-'7'_:,'-3-2-' irE-S=1- '4:..7:7--_:_. -,i :;.---=_41--,57-3:,37-,3ff.-,,,,I_F-;;,4,.....:-_-_,..,*:-,-±,t.-.,::.---;:,-5,...--,:: _t,--- 4 ___.1 ,-4-- -_1.-, i1.4-fgril______ --,T--_-4-----.:k4=-:---„i•----:,---.,::fLy,-_-_,=:;-_,:{0',.-==t-;it_ilif==.--;1-:-K1.4=t."---=-fil ,-----itvZ e it -4, *;..„...3,',:.= .i. :V; .1 l''-'• --7-ital--_--2-i-:,;:r.r-- ;-,:-tir--_ .?:,..;---1,_-_-1 -e-_Ii ,.'.7:---:-_--'.4---::f71,.;:15-7'-q1.1-S-';-:-::--f;_2'.--f_7_ :.=-11' ?i-r_zrt=.,„.1:=--_,___:.,-,--v-:_s_-_-,.,_-_:-_,,,_3_1-,-,::_f,-___„_,-,_,:_-,-„.*,_,,_:__.-___:-1 '2;-1)_1,- „).,;1,t,-Fg,, ils-,,-,.. __;_;:-T.4:,.•=q1p7.-.._wfr,=-:- 8 -z- 7,-- ,4=.--i,7-,,,r„,-st-i 'i-l=:--" l: -4 :=2-.---- -E','• --.1!_--0,-;::.:?=c..='=!.,_---1.-,;.„';.:.:.T..--,-I=_,--i'-=„,-----.;-.-;:ce-;.-.1,1•;-=4-E.j: '!(--.41,': -1-gl-P-='fitir.f.7-1,-- :.:±-_--7-•:-; 1,--;.,,:i ._-c -.1,1_=.,:-:04;7.=,---nr!-,:-'3,"L-Ii.3-=,:'='.--•-;?:-.i-1--II4-,-4. 1 31; .1, i-km--1-&-511-----,---E=_=_Z---A.:- -1:fa,==.:__.--'.--,,_--0_7 4 L& -,-_,--_41--:- Vt-flfi-4V-1'44.:4.'":-._;k=-'1,1-iit--lik-.2 T. 46-, -,"";j,,,, i --:;-_-:---1.-._ t•_-!-_:::,:,,m $_--„3,--.:::-.-,,-;;-=7-: 44 1,1,„ y ?''.1,.,. -,.'__,'i.„:-,*,, 1,..v._ --,-',7:411-1W::---_,i ,:1_:', A r---!-=,:;--:!7,--4i frif-7--_ A.:,;__,_-'_-;_'_-;-_---,-!,-;!,_!_i:--ri;r1_:=4,--,-":;_i-t.7.----=_,Is-?:-;f=',e-14,'_-_,,i-R:Tf-to, Th -4 :--it:"-:: 1 .,'-,,.',.4--'-,-1=:40-'4-'iTfiATI:::--: ::-::f'--'=:1-----,-1-=.__-;,-=:=--. rf-•-***11-_-=:. _!'_rtil-i-,-7_-_;:1:-.:--1,----,_.-=';--_=re_ g-r ekit Iai-xiti4 14..-.=1-Aft t. --'it--,'47:-''''--14--'-1--1*k-3,11 ill ,---4-7t-i E Au• 1-_-,_ 1 -q-:!----7-,:i--_,k.:---_--1A-1-1==l'i-i-t,---ti ix 4,4 ,-,,__,v--: 1 1 -=.1itit-4-4-4=1----_----:--- _r„--_.,=:_i-:,&-_,--:v_---__-441;--,-;-4-,5:f_--7,4-1 s ;14 st-,,_,,..ki.,_: (-:-J_,- 11P('.1 -it-1-A :trifni-14--:::: :-:,--4:1- ,-ifj-1-'-2--f--- 7-ta-H--__,-:-.-1 .17. i!;--„.::-.:::1,' ,r4k,=-:-,a,24-_-,,,-„E.4-E7,--4-,f.--:-.2t,--,,r,-,41 *4 -4 -'-lx-ti=lt-Z:i;:iizt:-=-=;1_-__•i-AS14-___---37-z-;-----_-.---1_4-1 --,i-s:'-='--; -:-f--:•:7,i__=-4-A--;-_!--_:-77-R-mit--;:ii4=.4..::::!-:-_-4=-1 .„--1, __,„-,-,...,_,-_--.401-g-,-i--_.--_;.--,: ----7 -F-,------_,---_,-_ ri, ii:_i--i :;:.,---Fi?4-,7.---,--.=„f-,=;,-"LA-_,_g_-,,,.,,,,k-L--,,,-;,r,„_,,,:.___N ,,,---4,_ -.0.4,.--....w---, —..-4_ -,.,_-:„_,,-_-1,-,= ._:_.=-_-i-:_i-.-c-_.,1-., —7.- f_.2.:--.",`7----74-::--A -,1-- ,-;.:_f_r•-:;:i±.:-_-_E;;-,.-_-,--1::-,453 4:1 11".1411r- ..:.1:i iii--F-t:-:::_iE--_iS_'_it-itzi----.',--._--:- :V F k' --V!-- ;14i W-If--11---4??--,-*:"-;1-1-'1'_--i-ilA, 1 i! --_-1 ____77-_-_-,--;37t-,);:,-i-14---;;.- ..,,_*,:.t.'-,--;.- ----,77.-_,.=::::;--i::_--fl. ;:-7'-_,"-_-_:-=,!.--=___-:--;;--ii.--;147-ft-4--'i--,.='!in:4'ai--:-.4.1 -fr, '-ifwm Isty-i, ,:-,!,,.:,-:::i-g,.-.:-„,- -4 -,-,--s.-------_-27-,:c..-----t-: z'.'7_,',, --:==-4-'-i-V05-4 -7'--.4..-.'yt-.2-4-=',4=,-:.tft--'-.17t--,':•-;-:?,-,=;;.!-?=,==.1,-.1_::"j1_-_41-1 i .iiilli!4f4-- ;el *-!li )1 :71_1;--,4:1--7.,Thr7.,---_.---- :70 i V.4--=;-",---:=:_if.t7,.= .-A‘ N 1-:::..4g.=ii.-j;kii=..?_;i7iV4I-Ra_li I .1fti .1.. 4 •ii 'ilj-,-,:i 41 i*i--,tm I -±7mtv i Li..t :,N=4.--,- ==---=Ti ___*---__-..-4.71;17-,-,,=1_,:_:„ _.-&.•-r__ I__t_i=.-.;;-,&7t-L-7.-:-.-T!_i_._-,-----,_,--!:,:=-:=4,-,7,--_-=4::---;:=_.-;--_,4__3:1__,=-7_4-41 4 (3 1 4.,„-,1., I -,_-_._-_,xl i i r= r,_,....--1.1-t_ri_,,-,_-.—_,,--_-_____4 „...„,i_.„..,--_-,, „_-.-_-__-2:..-__-:-..,,___-4..NI_-__tli-- s:-i:--._i-:,_;-:-2.=_,i=z.tir-_,74-i-.*.i_ rx=..g .---z------,:,--- ?-4!..-..7,7--.:_‘_ 1-:_,_-_-_-.x-,f_,:,,,--.--„,--ii-;.:-_,:,,__.-,;-----Iti, /1T4 I"' 1 ''41, ''I' :;1,- __==---_,4- -xt----m,-.-,:--;--:--_.„--,-#-' --__-__f--iiic_-.,--,--74=_=--,:-Ti3--ki:-,_-_-,-_-14i- yil(i.;-1_ '1_ -I, _.2.--:T-1LFL,,,:,-_i_JImilrsy-- i-;--,---i_,v,,_-;0---,,,J,--i----_-i-L,:=--_=4:4--iN-4,__=,-$---;;--:=Ft.4iii-ta-s. --f: ,,,,,i,„_,..„;:„..15.„,,,:s.,=2,-,::,,--„,,„„i__,.,;__,__.„„44-_.-___-_,„„-- i': IN .,-k. i t -v,74 _=_i;,- __f,-,-._ i-,1,,, -__-,---,-,..„---------7---,--, iret=::---_,-;,t-;_,-:-.-_-,.=-E--,,:-. f r T;,- ,.1,4 t1,4-1,==s-,f;,--:§,__-,,-47=.;;_-_-_-_-:,-.F:7---,-,,,,,,,_-•:-.-_-_-, 4J ,..i ,--"--_--7---- _talli _-=i-_- k m_,. -41.,--=---- --41-----i---t-,-------ZZj' --_,-,-,-,F„-7,-;_-&-:!..=,--=---1,;_-,=,-„!:_-_:_:-_2„.-±._.-,:„,,,--, 4:1' v :==t;:!; 1 i 1_ i 74 -:-a_c!-------_---;_i--_=-__-__:,_:1:--i•--%-*T;'„:::=:',1...:----. 4:1:--;_i•ii-317.. 1;2.1ittflt-falg_ILN -i.L c/D i c-, ,a) 1:_:,a__=t-:.;-=1,,:=4-7=t-:f,,_tcl ul e-W---:-,_ .Alr,,.-._,..71--___---- 1-7,=:-.7L, k ::-.:-il„;;±:cz '41--_=,X,1-i-,-=1::T---g--!:::i•-f.;444j.t_fEr•-:.-.: I- I I -Fa! 'lit 1-7=_--:::=.--,=-=-:Ta'r--,--„,---==,'----'7'---5 :- -_-=----1.-2:.----. •-...k. -,_ff--_-- ft:_,=4L--------.-1-!. .----Z".--;-----E .0--- --.,1'_!-,=_:i-' 2i.,-A,_,---_--:-.-Ak-rf.,_z=1: -41.fWt:-.':= ,r;.y,-__17; ,1._,,1-za--,.,--._-2,2,„-t---.--,--,-g-A.,z_---,-7,---,==--------,-,-, Y 1 --f-_,--,-.-el -,_,4.--_=,,---5-:::, .-_,-11-; -,zi-f:1---__-4-,__-,,T1:1-41:3--,---k--;-K--_-,=L-,-„-_-‘,-,_-_,It E _--,:;,Trw---- •4-:;,:(:__,,,z,,a-=:-.::,ti-i,t-,,,,,_4-y-:.1_=:,,%74---si-,,,,:=_,,,,:„.::::::_:7-'_-.--;-sii:f---_,:F:.rec-1__,1-_-‘,--;::;-,,:-.:_,-,-._- _,-2-__ ,T,,,,,, -_,:y: f---;F_Z:43 igr.--ST5-74V-iftaT'F:-.41 --.--i-f.‘4'-;:--:: .T:N11-:-, 41- -41-1-1.------4-1,-:-‘47=W;f01--t-; 1 =71 ------t.i. :i':_ -%7.--7::._„______-:-----71.71--;:'-t-71_-=-_-. I ii e=to-a- Iiif-t- .:1.,L.7.7-.,,, .-i-t l-=--4 =717-=7::-V:77,14 .3 I a".------gfg i-j-:--; :if -t I r A M V'. 1- 3 :-_-::e- '=-1-i--:- V-X-t='-Ft7:::::-R-------t44- i -j-Wit7-4-=-75-1N-;-t IP-ii -"1#-'.----_-i---7==-----T r--,--'--,---,-ikt=--7,gi:.,",:.,.',-,---i•e4J.:::---:--_--,- C) -1_=„==, u- -,,,f 4 1rf i 1----,7"-j-1.,:_ k.?..2-ii-,-*jzi..::::-.-.:-:-_-_------i, 7.,--- T-I-,e_- _.-r_r=f1 1-4 -r ---=-Z------._.-;:g 0 -§--,t7 2:=_ 2 -.'.---1- 1. _f-511:: .f T 61 5 :.-------77:;-_-4-z,------?=,;-I t:-;'-i-F-1--;'-' -;•i-''.1"-i-:=.- C4-=-Tnti-:,:'-iq.IE-4:-_-=-,---z-I'T`'-=--:11-74-----::1:---=3 „----ftn"..-: f-ctlig.:-,,_ =,-_-1.--;----i----:-=, ------7 14--_-_-_:, X ----T--._ _-:::.-4:1;_.:Iii; iYAI=.-.1=7=7-4- t';:,===.--,.---=:-•0_,--it--_-:--.=4..v.,§K.=:. -:„,_:_,-,-....;-,.--4_'-_-_...--, Z,'-24,-If-ir-r,.k....._';'3.7 '-4 44 ,Ii r C/) -7- :--W tIl i- t"----- --i. •--7-'-'''--z-- -1--- k tq-----_,ii -.-_,Ig_.....-- tir---': --'7:-:i:t.:-."--:=-:- ::1-3ii. 3;:f'."--Af-:-'-'411--.----14: --,-,-.,_7.-,.--",:*--tr_.. F3- tt ----,F:---=-, br3 ;,----11.--4---.14-it- W1-;:i1-- 1- r _-7-T-tt:TZt.-',i A: 07:-1_777-:::::-WV, --.':±-:*-';-1,--: ,:1- A------i3-,-----_*--=4-7=,---z-_-=--:,- i 4 v:7.,'_,-_;_-,,,-i_,-k -,---,:=---:,-._-_--,:,--d-y-,,-,-,:t,_--",-_------- ci) --,.:::.-_,--4--1-1!4-,_,,,,,----1_7,--Tf_-;; =_:-__--_,_-_,c-_---.--_,:z_:_i_,7-,_ if -=;:=Kvg.-7; Ff----------k-f- Vt --_,-.=_=,;:1, _=-_--T,t=-=_,=.::_f-14-,--1-,.-tz---,...f.i.-,-:''_ii='--=,--_. _.----,--.-'7=•-"w-----: kg114.-*-1_7?_':--Z-_-:','--T--1-4. ---i--f:---57::,-: -'''1' -------,.-------'t F'-'-':'-----:f=7:-M,_-::-;,-S :i•i---='-'-;-:--1'-'2=1;71:--- r ,.-1.,T_; Y, ::_i? f'l ::-.:A-.1?'-1-., ::-1'''- f-',7-7-Z■777..-71-'-''' -,1 'a�ui`�•ia A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO AMEND THE DEVELOPMENT AGREEMENT WITH WEA SOUTHCENTER, LLC, FOR THE EXPANSION AND RENOVATION OF WESIFIELD SOUTHCENTER MALL. WHEREAS, on December 12, 2005, the Tukwila City Council approved Resolution No. 1598, authorizing the Mayor to enter into a Development Agreement with WEA Southcenter LLC, (hereinafter "WEA and Prudential Financial, Inc.; and WHEREAS, that agreement was duly executed as Contract No. 05 -123 and recorded with the King County Recorder's Office (Recording No. 20060621000329); and WHEREAS, on September 4, 2007, the Tukwila City Council passed Resolution No. 1642, authorizing the Mayor to execute the First Amendment to the Development Agreement (King County Recording Number 20070920001425), which provided that Westfield was vested to the provisions of the Tukwila Sign Code (TMC Title 19) in effect on January 1, 2007, as opposed to the provisions in effect on the EIS Issuance Date (October 6, 2004); and WHEREAS, WEA has purchased the majority interest of the property from Prudential Financial Inc., and is the successor in interest to Prudential under the Development Agreement; and WHEREAS, the City of Tukwila and Westfield now mutually agree on the execution of a Second Amendment to the Development Agreement, in order to formalize past applications of the Sign Code and related signage procedures to Southcenter Mall, and to provide clarity on application of the Sign Code to mall garages; and WHEREAS, the City of Tukwila and Westfield agree that each has entered into this Second Amendment knowingly and voluntarily, and agree to be bound by the terms and conditions of this Second Amendment; and WHEREAS, SEPA review for the entire project was fully and completely evaluated through an Environmental Impact Statement entitled Westfield Shoppingtown Southcenter Expansion, dated October 6, 2004, prepared pursuant to the State Environmental Policy Act, RCW 43.21C, and no further SEPA review is required in connection with this Second Amendment; and WHEREAS, on July 14, 2008, the Tukwila City Council held a public hearing to consider this Second Amendment to Contract No. 05 -123; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council approves the Second Amendment to the Development Agreement with WEA Southcenter, LLC, #05 -123B, attached hereto as Exhibit A. C: \Documents and SettingsWl Users1Desktop\Ke1y MSDATA\Resolutions\Westfield Second Amendment.doc MB:ksn 710/2008 Page 1 of 2 Section 2.. The City Council hereby authorizes the Mayor to execute the Second Amendment to the Development Agreement with WEA Southcenter, LLC. Section 3. The City Clerk is hereby directed to record a fully executed copy of this Second Amendment to the Development Agreement with the King County Recorder's Office. Section 4. This resolution shall become effective immediately upon its adoption. PASSED BY THE CITY 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: Exhibit A: Second Amendment to Development Agreement between the City of Tukwila and WEA Southcenter, LLC, #05 -123B, for the expansion and renovation of Westfield Southcenter Mall C:\Documents and Settiings■All Users\DzSdop\KeUy1MSDATAMReso lotions \Westfield Second Amendment.doc MB:ksn 7/10/2008 Page 2 of 2 C o f Tukw �0 y `e2` nom i W Community Affairs and Parks Committee 1308 COMMIUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes June 23, 2008 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De'Sean Quinn Staff: Evie Boykan, Ryan Larson, Bob Benedicto, Jack Pace and Kimberly Matej Guest: Nicholas Lee, Westfield Southcenter Mall CALL TO ORDER: Chair Hernandez called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Cooperation Agreement Regarding the Community Development Block Grant and Home Investments Partnership Programs Staff is seeking full Council approval to enter into an interlocal agreement with King County regarding the Community Development Block Grant (CDBG) and Home Investments Partnership (Home) programs. This is an agreement entered into every three years between the City and County which outlines the processes and responsibilities between the City and County regarding Block Grant funds for housing rehabilitation and the Home program which focuses on permanent housing. Participation in the CDBG and Home programs allows the City representative to take part in the process and influence how those funds will be distributed and utilized. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW FOR DISCUSSION. B. Riverton Creek Flap Gate Removal Proiect Grant Agreements This item was originally heard in the Utilities Committee on September 5, 2007; however, staff determined that the subject matter fits more appropriately into matters referred to the Community Affairs and Parks Committee. Staff is seeking approval to enter into grant agreements with the State of Washington Recreation and Conservation Office ($42,000) and the People for Puget Sound ($30,000) for project feasibility and design work funding of the Riverton Creek pipe and flap gate removal. This project will improve fish access to the Creek by removing the pipes and flap gates, providing an open water connection to the river. The grant funding combined with $50,000 from the City will total $122,000 for this portion of the project. Additional grant funding will be required for the construction phase. The Committee requested staff attach the appropriate CIP page regarding this project in the information submitted to full Council. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW. C. Westfield Shoppingtown Mall Development Agreement Second Amendment (Sign Code) Staff is seeking approval for a second amendment to the Westfield Shoppingtown Mall Development Agreement regarding signage (for information on first amendment, see Committee minutes dated August 14, 2007). Westfield has been vested to the provisions of the Tukwila Sign Code in effect on January 1, 2007. As part of Tukwila's Centennial Celebration, temporary signs have been hung on the two parking garages at the Mall. Westfield has requested approval from the City to continue using signage and the Community Affairs Parks Committee Minutes June 23. 2008 Pape 2 respective hardware on the garage walls after the current Centennial signs are removed. A total of 11 signs, each a maximum of 12 by 24 feet, would advertise products or services available at the mall. According to the second amendment, the signage will qualify as on- premise "Brand Alliance" signs since they will only refer to products, services and/or businesses that are on mall property. Committee members asked several questions regarding criteria in the amendment which were clarified by staff. UNANIMOUS APPROVAL. FORWARD TO JULY 14 DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:40 p.m. Next meeting: Monday, July 14, 2008 5:00 p.m. Conference Room #3 Committee Chair Approval M., ut�K AM. Reviewed by EB RL. ,„...ILA,. I y .Z CO UNGIL AGENDA SYNOPSIS Initials ITEM NO. O t I P L,, ttileetirzq Date Prepared G_ y Mayor's review I Council review kl s .vi �:i o I 07/14/08 EB ,4J- 4,J f 07/21/08 EB I V I I L f q, ITEM INFORMATION I CAS NUMBER: 08-084 I ORIGINAL AGENDA DATE: JULY 14, 2008 AGENDA ITENI TITLE Interlocal Agreement regarding Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs. CATEGORY Discussion Motion Resolution Ordinance I 1 Bid_Award Public Hearing Other lltg Date 07/14/08 Mtg Date 07/21/08 Mtg Date Mtg Date Mtg Date lltg Date Mtg Date 'SPONSOR I 1 Council Mayor Adm Svcs DCD U Finance n Fire n Legal P&R Police n PIV SPCmis< R'S The Council is being asked to authorize the Mayor to sign the Interlocal Agreement to SUMMARY participate in the CDBG and Home Investment Partnership programs. RI.\'IF\F'I;D BY COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte Utilities Cmte n Arts Comm. Parks Comm. Planning Comm. DATE: 06/23/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign Interlocal Agreement COMM I FEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE Ex1I.ND11'URI: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: HOUSING AND URBAN DEVELOPMENT Comments: MTG. DATE RECORD OF COUNCIL ACTION 07/14/08 MTG. DATE ATTACHMENTS 07/14/08 Informational memorandum dated 6/23/08 Interlocal Agreement Minutes from the Community Affairs and Parks Committee meeting of 6/23/08 M E M O R A N D U M DATE: JUNE 23, 2008 TO: MAYOR'S OFFICE, CITY COUNCIL CC: C FROM: EVIE BOYKAN, HUMAN SERVICES RE: INTERLOCAL AGREEMENT REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAMS In order to compete for and receive federal Community Development Block Grant funds, we must continue to participate in a formalized interlocal agreement with King County. Technical amendments were made to the agreement regarding the make -up of the Joint Recommendations Committee (JRC) and to comply with Housing And Urban Development requirements to affirmatively further fair housing. The JRC serves as the advisory body that reviews the recommended allocations of federal housing and community development funds, in addition to the Regional Affordable Housing Program (document recording fee funds). Because City Councils authorized the original interlocal agreement, any subsequent amendments must also be authorized by Council. This issue is scheduled for the Community and Parks meeting. The attached agreement is marked Draft, however, there are no expectations of any changes as it goes through King County Council. I'm available to answer questions. 16152 INTERLOCAL COOPERATION AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into by and between King County (hereinafter the "County and the City of TUKWILA, (hereinafter the "City") said parties to this Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS, the federal government, through adoption and administration of the Housing and Community Development Act of 1974 (the "Act as amended, will make available to King County Community Development Block Grant funds, hereinafter referred to as "CDBG for expenditure during the 2009 -2011 funding years; and WHEREAS, the area encompassed by unincorporated King County and all participating cities, has been designated by the United States Department of Housing and Urban Development "HUD as an urban county for the purpose of receiving CDBG funds; and WHEREAS, the Act directs HUD to distribute to each urban county a share of the annual appropriation of CDBG funds based on formula, taking into consideration the social and economic characteristics of the urban county; and WHEREAS, the Act allows participation of units of general government within an urban county in undertaking activities that further the goals of the CDBG program within the urban county; and WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing and community development plan "Consolidated Plan by participating jurisdictions; and WHEREAS, King County shall undertake CDBG/HOME Program- funded activities in participating incorporated jurisdictions as specified in the Consolidated Plan by granting funds to those jurisdictions and to other qualifying entities to carry out such activities; and WHEREAS, King County is responsible to the federal government for all activities undertaken with CDBG funds and shall ensure that all CDBG assurances and certifications King County is required to submit to HUD with the Annual Action Plan are met; and WHEREAS, King County and the participating jurisdictions agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and authorized by the National Affordable Housing Act of 1990, as amended, 42 USC 12701 et. seq. and 24 CFR Part 92 for purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME Program and to cooperate in undertaking HOME Program activities; and Regular CDBG /HOME Interlocal 1 of 10 2009 -2011 16152 WHEREAS, King County and the participating jurisdictions are committed to targeting CDBG and HOME Program funds to ensure benefit for very low to moderate income persons as defined by HUD; and WHEREAS, King County and the participating jurisdictions recognize that needs of very low to moderate income persons may cross jurisdictional boundaries and therefore can be considered regional and sub regional needs as well as local needs; and WHEREAS, King County, in conjunction with the participating jurisdictions, must submit an Annual Action Plan to HUD, which is a requirement to receive CDBG funds; and WHEREAS, the purpose of this Interlocal Cooperation Agreement, entered into pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chap. 39.34, is to foul' an urban county consortium, "Consortium for planning the distribution and administration of CDBG, HOME Program, and other federal funds received on behalf of the Consortium from HUD, and for execution of activities in accordance with and under authority of the Act: NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: I. GENERAL AGREEMENT King County and participating jurisdictions agree to cooperate to undertake, or assist in undertaking, activities which further the development of viable urban communities, including the provision of decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low- and moderate income, through community renewal and lower income housing assistance activities, funded from annual CDBG and HOME Program funds from federal Fiscal Years 2009, 2010 and 2011 appropriations, from recaptured funds allocated in those years, and from any program income generated from the expenditure of such funds. II. GENERAL DISTRIBUTION OF FUNDS The annual distribution of CDBG and HOME Program funds for the King County urban county Consortium shall be governed by the following provisions: A. The amount needed for administration of the Consortium's CDBG, HOME Program and related federal programs that benefit the Consortium shall be reserved by the County. This amount (hereinafter referred to as the "Administrative Setaside is contingent upon review by the Joint Recommendations Committee "JRC as provided in Section IV, and approval by the Metropolitan King County Council, as provided by Section V. To the extent that is reasonable and feasible, the County and the Committee shall strive to ensure that some portion of the allowable 20 percent of CDBG for planning and administration remains available for the purposes outlined in II. D. below. Regular CDBG /HOME Interlocal 2 of 10 2009 2011 16152 B. Five percent of the funds available from the CDBG entitlement and program income shall be reserved for the Housing Stability Program, a public service activity in support of homeless prevention and in support of the affordable housing requirements under the implementation of the state Growth Management Act (RCW Chapter 36.70A). C. Twenty -five percent of the funds available from the CDBG entitlement and program income shall be reserved for the Consortium -wide Housing Repair program. The JRC may periodically review and recommend increases or decreases to this percentage if, in its judgment, there has been a substantial change in the Consortium's overall funding or in the need for housing repair that justifies an increase or decrease. D. The remaining entitlement and program income funds, including any remaining balance of the 20 percent allowable for planning and administration, as well as any recaptured or prior year funds, shall be divided between two sub regions of the county —the north/east sub region and the south sub region. These funds shall be made available on a competitive basis for a variety of eligible activities consistent with the Consolidated Housing and Community Development Plan. 1. The north/east sub region shall include those cities in the north and east and those portions of unincorporated King County that lie north of Interstate 90. The cities of Mercer Island, Newcastle, Issaquah, and North Bend, which are at or near the Interstate 90 border, along with their designated potential annexation areas, also shall be included in the north/east sub region. 2. The south sub region shall include those cities south of Interstate 90 and those portions of unincorporated King County that lie south of Interstate 90, except for the cities of Mercer Island, Newcastle, Issaquah, and North Bend and their potential annexation areas, which are part of the north/east sub region. 3. The foiiuula for dividing the funds between the two sub regions shall be based on each sub region's share of the Consortium's low -and moderate income population. III. USE OF FUNDS: GENERAL PROVISIONS A. Funds shall be used to support the goals and objectives of the Consolidated Plan. B. Funds shall be used in accordance with the CDBG regulations at 24 CFR Part 570, Home Program regulations at 24 CFR Part 92, and all other applicable federal regulations. Regular CDBG /HOME Interlocal 3 of 10 2009 -2011 16152 IV. JOINT RECOMMENDATIONS COMMITTEE An inter jurisdictional Joint Recommendations Committee "JRC shall be established. A. Composition —The JRC shall be composed of three county representatives and eight cities representatives. 1. The three county representatives shall be King County Executive staff with broad policy responsibilities and/or department directors. County representatives shall be specified in writing and, where possible, shall be consistently the same persons from meeting to meeting. 2. Four of the cities representatives shall be from those cities signing this interlocal cooperation agreement, two from each sub region. 3. The remaining four cities representatives shall be from cities that qualify to receive CDBG entitlement funds directly from HUD and that are not signing this agreement, but are signing either Joint agreements or HOME Progam -only agreements. These latter four representatives shall have no vote on matters specific to the jurisdictions that are parties to this agreement. 4. The chairperson and vice- chairperson of the JRC shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting of the calendar year. Attendance of five members shall constitute a quorum. B. Appointments —The King County Executive shall appoint the three county representatives. The participating cities shall provide for the appointment of their shared representatives in a manner to be determined by those cities through the Suburban Cities Association or other agreed -upon mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will select four jurisdictions of varying size from among those signing this agreement, two from the north/east sub region and two from the south sub- region. The cities representatives shall be elected officials, chief administrative officers, or persons who report directly to the chief administrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the JRC shall serve for two years, or at the pleasure of their respective appointing authorities. C. Powers and Duties —The JRC shall be empowered to: 1. Review and recommend to the King County Executive all policy matters concerning the Consortium CDBG and HOME Program, including but not limited to the Consolidated Plan and related plans and policies. Regular CDBG /HOME interlocal 4 of 10 2009 -2011 16152 2. Review and recommend to the King County Executive the projects and programs to be undertaken with CDBG funds and HOME Program funds, including the Administrative Setaside. 3. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly from CDBG and HOME Program funded activities over the three -year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. D. Advisory Committees to JRC —In fulfilling its duty to review and recommend projects and programs to be undertaken with the CDBG and HOME Program funds, the JRC shall consider the advice of inter jurisdictional advisory committees. Sub regional advisory committees, made up of one representative from each participating jurisdiction in a sub region that wishes to participate, shall be convened to assist in the review and recommendation of projects and programs to be undertaken in that sub region. The JRC may also solicit recommendations from other inter jurisdictional housing and community development committee V. RESPONSIBILITIES AND POWERS OF KING COUNTY A. Notwithstanding any other provision contained in this Agreement, the County as the applicant and grantee for CDBG and HOME Program funds has responsibility for and assumes all obligations in the execution of the CDBG and HOME Programs, including final responsibility for selecting and executing activities, and submitting to HUD the Consolidated Plan, Annual Action Plans, and related plans and reports, including the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan. Nothing contained in this Agreement shall be construed as an abdication of those responsibilities and obligations. B. The Metropolitan King County Council shall have authority and responsibility for all policy matters, including the Consolidated Plan, upon review and recom- mendation by the JRC. C. The Metropolitan King County Council shall have authority and responsibility for all fund allocation matters, including approval of the annual CDBG and HOME Program Administrative Setasides and appropriation of all CDBG and HOME Program funds. D. The King County Executive, as administrator of the CDBG and HOME Programs, shall have authority and responsibility for all administrative requirements for which the County is responsible to the federal government. E. The King County Executive shall have authority and responsibility for all fund control and disbursements. F. The King County Executive shall have the authority and responsibility to staff the JRC and provide liaison between HUD and the urban county Consortium. County Regular CDBG /HOME Interlocal 5 of 10 2009 2011 16152 Executive staff shall prepare and present to the JRC evaluation reports or recommendations concerning specific proposals or policies, and any other material deemed necessary by the JRC to help it fulfill its powers and duties in IV. C., above. G. King County Executive staff shall have the authority and responsibility to communicate and consult with participating jurisdictions on CDBG and HOME Program policy and program matters in a timely manner. H. King County Executive staff shall have the authority and responsibility to convene sub regional advisory committees made up of representatives from participating jurisdictions in the sub region, to advise the JRC on the allocation of the sub regional funds. I. King County Executive staff shall provide periodic reports on clients served by jurisdictions in the Housing Stability and Housing Repair programs and on the status of CDBG and HOME Program funded projects and make them available to all participating jurisdictions and the JRC. J. King County Executive staff shall solicit proposals, administer contracts, and provide for technical assistance, both in the development of viable CDBG and HOME Program proposals and in complying with CDBG and HOME Program contractual requirements. K. King County shall have environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which King County may require the local incorporated jurisdiction or contractor to furnish data, information, and assistance for King County's review and assessment in determining whether an Environmental Impact Statement is required. VI. RESPONSIBILITIES OF THE PARTICIPATING CITIES A. All participating cities shall cooperate in the development of the Consolidated Plan and related plans. B. All participating cities shall assign a staff person to be the primary contact for the County on CDBG/HOME Program issues. The assigned CDBG/HOME Program contact person is responsible for communicating relevant infoiniation to others at the participating city, including any representative the city may choose to send to the sub regional advisory committee, if that representative is not the CDBG/HOME Program contact person. C. At its discretion, a participating city may assign a representative to attend meetings of the sub regional advisory committee. This representative may or may not be the City's CDBG/HOME Program contact person. It may be the CDBG/HOME Program contact person, a different staff member, an elected official, or a citizen. Regular CDBG /HOME Interlocal 6 of 10 2009 -2011 16152 D. If and when a participating city deems necessary or advisable, it may prepare applications for CDBG or HOME Program funds to address the needs of its residents, consistent with the Consolidated Plan. E. Each participating city shall obtain its council's authorization for any CDBG or HOME Program application submitted. F. All participating cities shall carry out CDBG or HOME Program funded projects in a manner that is timely and consistent with contractual requirements. G. All participating cities owning community facilities or other real property acquired or improved in whole or in part with CDBG or HOME Program funds shall comply with use restrictions as required by HUD and as required by any relevant policies adopted by the JRC. 1. During the period of the use restriction, the participating cities shall notify King County prior to any modification or change in the use of real property acquired or improved in whole or in part with CDBG or HOME Program funds. This includes any modification or change in use from that planned at the time of the acquisition or improvement, including disposition. 2. During the period of the use restriction, if the property acquired or improved with CDBG or HOME Program funds is sold or transferred for a use which does not qualify under the applicable regulations, the participating city shall reimburse King County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of funds other than CDBG or HOME Program funds). VII. RESPONSIBILITIES OF ALL PARTICIPATING JURISDICTIONS A. All participating jurisdictions shall be considered to be those jurisdictions that have signed this Agreement. B. All participating jurisdiction shall fulfill to the County's reasonable satisfaction all relevant requirements of federal laws and regulations that apply to King County as applicant, including assurances and certifications described in Section VIII below. C. Each participating jurisdiction or cooperating unit of general local government certifies that it has adopted and is enforcing: 1. a policy that prohibits the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and Regular CDBG /HOME Interlocal 7 of 10 2009 -2011 16152 2. a policy that enforces applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of non violent civil rights demonstrations within jurisdiction. D. Pursuant to 24 CFR 570.501(b), all participating units of local governments are subject to the same requirements applicable to subrecipients when they receive CDBG funds to implement an activity. The applicable requirements include, but are not limited to, a written agreement with the County that complies with 24 CFR 570.503 and includes provisions pertaining to: statement of work; records and reports; program income; uniform administrative items; other program require- ments; conditions for religious organizations; suspension and termination; and reversion of assets. E. All participating units of local government understand that they may not apply for grants under the federal Small Cities or State CDBG Programs that receive separate entitlements from HUD during the period of participation in this Agreement. F. All units of local government participating in the CDBG urban county consortium through this interlocal cooperation agreement understand that they are also part of the urban county for the HOME Program and that they may not participate in a HOME Program consortium except through the urban county, regardless of whether the urban county receives a HOME foimula allocation. G. All participating units of local government hereby agree to affirmatively further fair housing and to ensure that no CDBG or HOME Program funds shall be expended for activities that do not affirmatively further fair housing within its jurisdiction or that impede the County's actions to comply with its fair housing certification. For purposes of this section, "affirmatively furthering fair housing" includes participation in the process of developing an Analysis of Impediments to Fair Housing Choice and a Fair Housing Action Plan. While King County has the primary responsibility for the development of these reports to HUD pursuant to Section V(A) of this Agreement, upon request, the City shall provide assistance to the County in preparing such reports. H. Participating jurisdictions undertaking activities and/or projects with CDBG funds distributed under this Agreement shall retain full civil and criminal liability as though these funds were locally generated. Participating jurisdictions retain responsibility in fulfilling the requirements of the State Environmental Policy Act under which King County has review responsibility only. Regular CDBG /HOME 1nteriocal 8 of 10 2009 -2011 16152 VIII. GENERAL TERMS A. This Agreement shall extend through the 2009, 2010 and 2011 program years, and shall remain in effect until the CDBG funds, Home Program funds and program income received with respect to activities carried out during the three -year qualification period are expended and the funded activities completed. This Agreement shall be automatically renewed for participation in successive three year qualification periods, unless the County or the City provides written notice that it wishes to amend this agreement or elects not to participate in the new qualification period by the date set forth by the United States Department of Housing and Urban Development in subsequent Urban County Qualification Notices. King County, as the official applicant, shall have the authority and responsibility to ensure that any property acquired or assisted with CDBG funds or HOME Program funds is disposed of or used in accordance with federal regulations. B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualification no included unit of general local government may terminate or withdraw from the cooperation agreement while it remains in effect. C. It is understood that by signing this Agreement, the City shall agree to comply with the policies and implementation of the Consolidated Plan. D. Parties to this Agreement must take all required actions necessary to assure compliance with King County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, (Title III of the Civil Rights Act), the Fair Housing Act as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, the Americans with Disabilities Act of 1990, and other applicable laws. E. This Agreement shall be executed in three counterparts, each of which shall be deemed an original, by the chief executive officers of the County and the City, pursuant to the authority granted them by their respective governing bodies. One of the signed Agreements shall be filed by the County with the Region X office of HUD, one shall be filed with the City and one shall be filed with the County. Prior to its taking effect, the fully executed Agreement shall be filed with the County Auditor, or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. F. It is recognized that amendment to the provisions of this Agreement may be appropriate, and such amendment shall take place when the parties to this Agreement have executed a written amendment to this Agreement. The City and the County also agree to adopt any amendments to the Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three -year Regular CDBG /HOME Interlocal 9 of 10 2009 -2011 16152 qualification period, and to submit such amendment to the United States Department of Housing and Urban Development. Failure to adopt such required amendment shall void the automatic renewal of the Agreement for the subsequent qualification period. G. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Agreement. KING COUNTY, WASHINGTON CITY OF TUKWILA for King County Executive for City of Tukwila Jackie MacLean Jim Haggerton Printed Name Printed Name Director, Department of Community and Human Services Title Title Date Date Approved as to Form: Approved as to Form: OFFICE OF THE KING COUNTY CITY OF TUKWILA CITY ATTORNEY PROSECUTING ATTORNEY ATTEST: CITY OF TUKWILA Christy O'Flaherty, City Clerk Regular CDBG /HOME Interlocal 10 of 10 2009 -2011 f City of Tukwila N A "s ue t Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes June 23, 2008 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De'Sean Quinn Staff: Evie Boykan, Ryan Larson, Bob Benedicto, Jack Pace and Kimberly Matej Guest: Nicholas Lee, Westfield Southcenter Mall CALL TO ORDER: Chair Hernandez called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Cooneration Agreement Regarding the Community Develop ment Block Grant and Home Investments Partnership Programs Staff is seeking full Council approval to enter into an interlocal agreement with King County regarding the Community Development Block Grant (CDBG) and Home Investments Partnership (Home) programs. This is an agreement entered into every three years between the City and County which outlines the processes and responsibilities between the City and County regarding Block Grant funds for housing rehabilitation and the Home program which focuses on permanent housing. Participation in the CDBG and Home programs allows the City representative to take part in the process and influence how those funds will be distributed and utilized. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW FOR DISCUSSION. B. Riverton Creek Flan Gate Removal Project Grant Agreements This item was originally heard in the Utilities Committee on September 5, 2007; however, staff determined that the subject matter fits more appropriately into matters refereed to the Community Affairs and Parks Committee. Staff is seeking approval to enter into grant agreements with the State of Washington Recreation and Conservation Office ($42,000) and the People for Puget Sound ($30,000) for project feasibility and design work funding of the Riverton Creek pipe and flap gate removal. This project will improve fish access to the Creek by removing the pipes and flap gates, providing an open water connection to the river. The grant funding combined with $50,000 from the City will total $122,000 for this portion of the project. Additional grant funding will be required for the construction phase. The Committee requested staff attach the appropriate CIP page regarding this project in the information submitted to full Council. UNANTh'IOUS APPROVAL. FORWARD TO JULY 14 COW. C. Westfield Shoppingtown Mall Development Agreement Second Amendment (Sign Code) Staff is seeking approval for a second amendment to the Westfield Shoppingtown Mall Development Agreement regarding signage (for information on first amendment, see Committee minutes dated August 14, 2007). Westfield has been vested to the provisions of the Tukwila Sign Code in effect on January 1, 2007. As part of Tukwila's Centennial Celebration, temporary signs have been hung on the two parking garages at the Mall. Westfield has requested approval from the City to continue using signage and the CO UNCIL A GENDA SYNOPSIS 'i J .rIILA Q 4 :y Initials ITEM NO. y O Pest i ly Meeting- Date Prepared by 1 Mayor's review nnciI review Q1 e/// sI 07/14/08 1 RF 1 �"i a 07/21/08 1 RF 1(1 7808 Lo ITEM INFORMATION I CAS NUMBER 08-085 I ORIGINAL, AGENDA DATE: JULY 14, 2008 AGENDA ITEM TI17,1'. 2008 Comprehensive Plan amendments CATI i (X )RY Discussion Motion Resolution Ordinance Bid Award Public Meeting Other Altg Date 7/14/08 tlltg Date 07/21/08 Altg Date Altg Date Altg Date Altg Date 07/14/08 Altg Date 1 SP )NSC )R 1 1 Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Briefing and public meeting on a 2008's Comprehensive Plan amendment rezone review SUMMARY process. The City of Tukwila has received a request to change the designation of 1.4 acres in the eastern portion of a property located at 152xx 65th Avenue South from Low Density Residential (LDR) to Medium Density Residential (MDR) RI .\'II .WED BY COW Mtg. CA &P Cmte F &S Cmte U Transportation Cmte Utilities Cmte n Arts Comm. Parks Comm. Planning Comm. DA 1'E: 6/9/08 RECOMMENDATIONS: SPONSOR /ADMIN. Consideration and Discussion COMMI1TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EYPI?NDrruRI: Rl ,`UIRI sD AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 7/14/08 MTG. DATE I ATTACHMENTS 7/14/08 1 Informational memorandum dated 7/8/08, with Attachments 1 9 Minutes from Community Affairs Parks Committee meeting of 6/9/08 are Attachment 1 of memo Mme y tt 1,� l City of Jim Haggerton, Mayor E Department of Community Development Jack Pace, Director 1908 MEMORANDUM July 8, 2008 To: Tukwila City Council From: Mayor Haggerton SUBJECT: ANNUAL COMPREHENSIVE PLAN AMENDMENT FOR 2008 ISSUE On July 14, 2008, there will be briefing on a request for a Comprehensive Plan amendment/rezone, and the review process. A public meeting will be held to receive comments on the potential amendment. After discussion and public meeting, the City Council will make a threshold decision whether to forward the proposed amendment to the Planning Commission for further consideration at this point. It is not necessary to consider the specific merits or substance of the request to make this decision. BACKGROUND Three applications for Comprehensive Plan amendments were received by the December 31, 2007 deadline for review during 2008. One file was closed due to incompleteness, and the second was withdrawn. One remaining proposal for Comprehensive Plan amendment will be considered for review. The Community Affairs and Parks Committee was briefed on this issue on June 9, 2008. (Attachment 1) REVIEW PROCESS The procedure for City Council review is illustrated by Attachment 2. The Comprehensive Plan amendment and rezone process has several steps, with opportunities for public comment at each point. The first step in Council's consideration is to take comments and evaluate the proposed amendment at a public meeting. After holding its public meeting, the Council will evaluate each proposed amendment according to the following review criteria: Is the issue already adequately addressed in the Comprehensive Plan? Rf 1 07/09/2008 0 \Como Plan 2007- 2008 \Woodland View 107 -096 L07- 097\CCmeetino memo .7.14 0803 doc 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? Is the proposed change the best means for meeting the identified public need? Will the proposed change result in a new benefit to the community? Following its initial consideration of a proposed amendment, the Council shall make a threshold decision consisting of one of the following actions: Refer the proposal as -is to the Planning Commission for further review; Modify the proposal and refer to the Planning Commission for further review; Defer consideration for one year to get additional information; Reject the proposal. The threshold decision is not whether to approve the request, but whether to forward it to the Planning Commission for more review and a public hearing. Consideration of this year's site specific amendment is a quasi judicial decision. The Planning Commission will consider any application that is forwarded from the City Council, hold a public hearing, and make a recommendation based on the substance of the request. Afterwards, the issue will return to the City Council for briefings, a final public hearing, deliberation and a decision. At that point, the Council may: Adopt a proposed amendment; Adopt a modified version of a proposed amendment; or Reject the amendment. DISCUSSION /ANALYSIS /ALTERNATIVES The application is as follows: Redesignate property from Low Density Residential (LDR) to Medium Density Residential (MDR) at 152xx 65 Avenue South Applicant: Raymond Carlstedt (File #L07 -096 and L07 -097) The applicant seeks to redesignate approximately 1.41 acres in the eastern portion of a 5.8 acre site located at 152xx 65 Avenue South from Low Density Residential (LDR) to Medium Density Residential (MDR). (Attachment 3) Site: The entire site is wooded and contains two separate wetlands and their associated buffers. MDR is proposed only for the eastern part of the property nearest to 65 Avenue South. The rest of the site would remain as LDR, leaving the wetlands and their buffers unaffected by the rezone. Future development would occur on the eastern edge of the property. (Attachment 4) Although this is not a factor in considering the Comprehensive Plan amendment/Rezone request, the applicant proposes to donate that portion of the property that is not part of the proposal (approximately 4.4 acres) to the City of Tukwila. Rf 2 07/09/2008 Q: \Comp Plan 2007 2008 \Woodland View L07 -096 L07- 097 \CCmeeting.memo.7.14.08#3.doc Vicinity: A mix of single family and multi family dwelling units is in the vicinity. 14 single family homes are directly north in the Maple Tree subdivision, while approximately 260 units of apartment and condominium units are east across 65 Avenue South (Maple Leaf, Canyon Estates, Park View) on land that is zoned Medium Density Residential (MDR). There are several single family homes to the south, as well as the 60+ unit San Juan South apartments. The Sunwood Condominiums are in the HDR zone to the west. Single- family homes are to the west of the site. Tukwila Park is approximately one block from the site along 65 Avenue South. The property has been the object of several development proposals in the past. In the late 1980s, the entire site, including both wetlands, was considered for a subdivision proposal that was eventually dropped. The current proposal is different from the earlier project since it affects only to the eastern area along 65 Avenue South. All wetlands and associated buffer areas are excluded from the rezone, and would be retained. The applicant has submitted a proposed, sample site plan. (Attachment 6). Medium Density Residential (MDR) zoning allows a maximum of 14.5 units /acre as duplex, triplex or fourplex buildings. This site plan has not been formally reviewed by staff. Any future multi family development would require a separate application, would need to meet zoning requirements and would trigger design review. The site is constrained by slopes, wetland and wetland buffer, and could be appropriate for development through a Planned Residential Development (PRD). The PRD permits greater flexibility in zoning requirements in order to encourage imaginative site design, retain the natural environment and create greater open space on sites with environmentally sensitive areas, such as this one. PRD development could potentially allow more units to be built on the site than if standard zoning were applied to a site with environmentally sensitive areas. Discussion Criteria: 1. Is the issue already adequately addressed in the Comprehensive Plan? 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. Policy 7.6.3 Allow Planned Residential Developments (PRDs) for multi- and single family use on properties with wetlands or Rf 3 07/09/2008 Q: \Comp Plan 2007- 2008\Woodland View L07 -096 L07- 097 \CCmeeting.memo.7.14.08#3.doc watercourses, or within the Tukwila South Master Plan Area in conjunction with the City Council's approval of a master plan. 2. If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? The issue is addressed in the Comprehensive Plan. 3. Is the proposed change the best means for meeting the identified public need? Changing the zoning from LDR to MDR would allow additional multi- family housing to be built. 4. Will the proposed change result in a new benefit to the community? The proposed change would create opportunity for an increased supply of multi family housing, either owner or renter occupied. It would reduce the land available for single family housing. Public Comments: In response to a meeting notice that was sent to properties within 500' of the project site, three Tukwila residents sent letters for consideration at the July 14 public meeting. (Attachments 7, 8 and 9) Next Steps: After holding a public meeting and discussion, the City Council will decide by motion among the following alternatives: Refer the proposal as is to the Planning Commission for further review; Modify the proposal and refer the Planning Commission for further review; Defer consideration until a later time —to get more information; Reject the proposal. If the application is referred by the Council to the Planning Commission, it will return before the Council for briefings, a final public hearing, deliberation and a decision Attachments 1. C.A.P. minutes (6/9/08) 2. Amendment Review Process Chart 3. Applications 4. Zoning Map 5. Aerial Map with 10' contours 6. Proposed Site Plan 7. Letter —David and Gloria Yoshino 8. Letter —Jeff Anderson 9. Letter —Maria C. Notch Rf 4 07/09/2008 Q: \Comp Plan 2007 2008 \Woodland View L07 -096 L07- 097 \CCmeeting.memo.7.14.08#3.doc Community Affairs Parks Committee Minutes June 9. 2008 Paige 2 C. 2008 Comprehensive Plan Amendments Staff summarized and provided a brief overview of the Comprehensive Plan Amendments annual review process. One application has been submitted for the City's consideration. The application is seeking to redesignate a portion of land from single family residential (LDR) to medium density residential (MDR) near 152XX 65 Avenue South. Staff is seeking full Council determination of whether or not to forward the proposed amendment to the Planning Commission for further consideration. The Committee requested staff make some corrections in the analysis section of the informational memo clarifying the accuracy of residential density designation of surrounding properties. UNANIMOUS APPROVAL. FORWARD TO JULY 14 DISCUSSION. D. Draft Walk and Roll Plan This item was brought forth to the Community Affairs Parks Committee as information only; the Transportation Committee will serve as the recommending committee for full Council action. Staff provided an overview of the draft Walk and Roll Plan which was previously distributed to Council. The following six recommend actions were highlighted as tools for building a connected non motorized transportation network in Tukwila: 1. Adopt Bicycle and Pedestrian Infrastructure Designs Upgrade /update design standards for bicycle and pedestrian facilities. 2. Designate and Adopt Bicycle Friendly Routes Update the City's Non Motorized Transportation Plan. 3. Continue Construction of Neighborhood Links —Prioritize unimproved rights -of -way. 4. More than the Minimum for Pedestrian Safety Include extra details for improving walkability designs. 5. Railbanking Use of abandoned railroad spurs for trails. 6. Biking and Walking Programs Provide education, promotion and participation in such programs. The draft Plan is currently available on the City's website, and staff has been gathering suggestions from the public as well as the City's Planning Commission. Additional review of the Plan will take place at the Transportation Committee meeting scheduled for June 10, 2008. INFORMATION ONLY. M. MISCELLANEOUS Meeting adjourned at 6:30 p.m. Next meeting: Monday, June 23, 2008 5:00 p.m. Conference Room #3 -f Committee Chair Approval M "11utes by KAM. Attachment 2 Comprehensive Plan Amendment Process Options for Council Review Threshold Review Process Reject Refer to Defer Proposal Planning Proposal Commission Environmental Review T Planning Commission Hearing/Recommendation City Council Review/Discussion Attachment 3 4-‘ -NIP CITY OF TUKW COMPREHENSIVE Department of Community Development 1 r 1f It 10_,%,, O 6300 Southcenter Boulevard, Tukwila, WA 98188 PLAN --ar% Telephone: (206) 431 -3670 FAX (206) 431 -3665 N i 2: E -mail: tukplan@atukwila.wa.us Ian tukwila M wa.us AENLl�'1L' �m��{�+ NTS 1903 APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -CPA Planner: (eig f x I File Number: h U Q Application. Complete (Date: E 1'6) Project File Number: y •Z u Application Incomplete (Date: Other File Numbers: L. 1 c)(-1(0 I NAME OF PROJECT/DE VELOPI`/IENT: \100-4 [acid t 2 c J Lo,NPre,l' e:LAs i u z 1)lav, AAvoci `t LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL-TAX LOT-NUMBERS-(this information may be found on your tax statement). 760 C,) CO '07 DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the owner /applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: Ph. r3 :-,.f/ �_r i /51 Sr l t 9(iv Address: g 5 tom 162. T Phone: ?.0,e; --'13 2- '25/C FAX: E -mail: Signature: /C ,irt z J L ,Date: 2/ 7 12 P: \Planning Forms\ Applications \CompPlanChg- 6 -06.doc December 4, 2006 A. COMPREHENSIVE PLAN DESIGNATION: Existing: Z l) Proposed B. ZONING DESIGNATION: Existing: Proposed: z'f f' 12 C. LAND USE(S): Existing: e l r- r Proposed: 1 cc 114 T (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. l n i� -e C' rr 4z 7Z h- I �QL ro f l�r it ir_ ED% r Cc Aizei t't i s t' h s f�' CL:s 1A.)-e_ilci etc l ca P: \Planning Forms\ Applications \ConnpPlanChg- 6.06.doc December 9, 2006 1 3 .EG I\ MO 08 2c. AMENDMENT TO THE COMPREHENSIVE PLAN DES OPT M T WE WILL ATTEMPT TO EXPLAIN YOUR REASONS TO CHANGE THE ZONING ON KING COUNTY PARCEL #3597000260. CRITERIA QUESTIONS: 1. A DETAILED STATEMENT OF WHAT IS PROPOSED AND WHY; THE PROPOSAL IS TO CHANGE TUIE ZONING TO MATCH THE SURROUNDING DENSITY. WE PROPOSE TO REQUEST EITHER HIGH DENSITY FOR APARTMENTS OR MEDIUM DENSITY FOR DUPLEXES. 2. A STATEMENT OF THE ANTICIPATED IMPACTS OF THE CHANGE, INCLUDING THE GEOGGRAPHIC AREA AFFECTED AND ISSUES PRESENTED BY THE PROPSED CHANGE; THIS PARCEL IS LOCATED AT THE HIGHEST POINT IN THE AREA. A 35,000 S. F. WETLAND IS ON SITE. THE IMPACT OF THIS PROPOSAL WILL BE MINAMUL WITH PROPER BUFFERS TO PROTECT THE WETLAND. 3. AN EXPLANATION OF WHY THE CURRENT COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS ARE DEFICIENT OR SHOULD NOT CONTINUE IN EFFECT THE COMPREHENSIVE PLAN AND DEVELOPMENT REQULATIONS NOT DEFICIENT. WE WANT TO CONFORM TO THE SURROUNDING ZONING. 4. A STATEMENT OF HOW THE PROPOSED AMENDMENT COMPLIES WITH THE AND PROMOTES THE GOALS AND SPECIFIC REQUIREMENTS OF THE GROWTH MANAGEMENT ACT. THE GROWTH MANAGEMENT ACT TAKES INTO ACCOUNT ENVIROMENTAL GOALS AND REQUIREMENTS. IT IS OUR PLAN DEDICATE THE MAJORITY OF THIS PROPERTY TO THE CITY SO THAT THE Ni TAGRITY OF THE WETLANDS CAN BE PRESERVED. 5. A STATEMENT OF HOW THE PROPOSED AMENDMENT COMPLIES WITH APPLICABLE COUNTYWIDE PLANNING POLICI r:S. 14 PLANNING POLICS USALLY SUPPORT THE CREATION OF PARKS AND PLACES THAT PROVIDE THE PUBLIC WHT RECREATIONAL ACTIVITIES. THIS WETLAND WITH WALKING TRAILS AROUD THE BUFFER IS SUCH AN ACTIVITY. 6. A STATEMENT OF WHAT CHANGES, IF ANY WOULD BE REQUIRED IN FUNCTIONAL PLANS IF THE PROPOSED AMENDMENT IS ADOPTED. THE SITE HAS ALL THE UTILITY SERVICES LOCATED IN THE STREET. STORMWATER WILL HAVE TO BE CHANNELED AWAY FROM THE WETLANDS. THIS WILL BE ENGINNERED BY A LICENSED CIVIL ENGINER. 7. A STATEMENT OF WHAT CAPITAL IMPROVEMENTS, IF ANY, WOULD BE NEEDED TO SUPPORT THE PROPOSED CHANGE, AND HOW THE PROPOSED CHANGE WILL AFFECT THE CAPITAL FACILITIES PLAN. NO CAPITAL IMPROVEMENTS WILL BE NEEDED FORM THE CITY. THE THE DEVELOPER OF THE SITE WILL INCUR AL THE COSTS. THE WILL BENEFIT FROM THE TAXATION ON THE FINISHED PROJECT. 8. A STATEMENT OF WHAT OTHER CHANGES, IF ANY ARE REQUIRED IN IN THE CITY CODES, PLANS OR REGULATIONS TO IMPLEMENT THE PROPOSED CHANGES. THE CITY CODES WILL NOT HAVE TO BE CHANGED. THE PROJECT WILL BE BUILT TO ALL CITY CODES. D 15 cL,a,�.,,, CITY OF TUKWILA Department of Community Development 1 6300 Southcenter Boulevard, Tukwila, WA J 98188 tat v;� O Telephone: (206) 431 -3670 FAX (206) 431 -3665 7�'; ep L E -mail: tukvlan@ci.tukwila.wa.us 1908 AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I'the current owner of the property which is the subject of this application. 2. All statements contain°.d in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grams the City, its employees, agents, engineers, contra tors or er representatives the right to enter upon Owner's real property, located at t Xk C o r D C 5 A for the purpose of application review, for the Limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. S 4 EXE D at e (city), `k A (state), on 20 07 W ct m a 1 0 5c-4 -1 R Print Name ei y c. /5Y c /A 9,6 r t. K j t.i `tJ Address Z2 4i„ ,k/6 r'a c%L'c/ Phone Number /J)(< 232- l2(-16 c= S ignature //1'.. On this day personally appeared before me i'tn �c�3c.c to me known to be the individual who executed the foregoing instrument and acknoarll;dged that he/she signed the satrte as his/her voluntary act and deed for the uses and purposes mentioned therein. .SUBSCRIBED AND SWORN TO BEFORE ME ON THIS a:I r D Y OF yY- 20 T 15; NOTARY PUBLIC in and for the State of Washington 'f. PA-4/`1"1"%- 1 t: residing at t W it u My Commission expires on 3 --2- 3 -1 0 December 4, 2096 1 6 P: \Planning Forms\ �Yppltations \CnmpPlanChg- 6.06.doc CITY OF TUKWILA Department of Community Development ZONI NG CODE j 6300 Southcenter Boulevard Tukwila WA 98188 7i EN 1 ATE-+ t 4'111N. O', Tele (206) 431 -3670 FAX (206) 431 -3665 AMENDMENTS S i 2 E-mail: tukplan @ci.tukwila.wa.us 1908 APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -ZCA Planner: 6 GC A. f G File Number: 1_01 v ti t Application Complete (Date: 1 Project File Number: Application Incomplete (Date: Other File Numbers: NAME OF PROJECT/DEVELOPMENT: Gt 4th -.4 frtl l �sn LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. rte. YX Z% Ax. UST ALL TAX LOT NUMBERS (this information may be found on your tax statement). (O e 6n —0'7 )EVELOPMENT COORDINATOR 'he individual who: has decision making authority on behalf of the applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. ame: Ze, t.‘ 41 G' X 7c-el,' ddress: 2, ''7 2 7012 "'Y tone: ZL% `i L4'6 FAX: mail: ;nature: Alf lf 9../r, -.7 e Date: 2.A/k) 1 7 ng Forms \Applications \ZoneChng- 6- US.doc December 4, 2006 December 28, 2007 3 Ray Carlsted C 3921 SW 102 St. Seattle, WA 98146 RE: Estate of Al White Property 65 Street, City of Tukwila Dear Ray: The above referenced site was evaluated for wetlands. The site contains what appears •to be two wetlands. A western Category 2 wetland that will be far from any development and the eastern Category 3 wetland. The eastern wetland determines the extent of development. The eastern edge of the east wetlands was flagged and surveyed. The wetland has been previously determined to be a Category 3 wetland with a standard 50 foot buffer. This letter serves as a preliminary report to assist the estate in marketing the property. A final report with all the necessary information will be provided when needed. The east edge of the eastern Category 3 wetland will have a 50 foot buffer, The land between the edge of the buffer and the street is developable with regards to wetlands. Buffer averaging my be used for a final lot layout. If you have any questions please feel free to call me. Sincerely, J /1 AJ Bredberg PWS, CPSS, CPSC 4369L2 1 8 3303 43rd St. NW Gig Harbor, WA 98335, USA 253.858.7055 Fax: 253.858.2534 ajb @wa.net A w, .e P•41 rtA d el 7' ,--,7 I ./V0 e+ t. '51- 2 1 5,...:„.1.1. i--- et /-45./.._rs cl-ef. 5/ i X pi-.0/) e ri 1)/ 1 •C ---e i 6 t. 1 17, ,e e c/ Li2/4 0 ii e px 50 A151 11s/ Ft' r 3 -7 i DOL.i. 1 A. .E.:_A57-, 01,tic2: .at 0/iv/ sib A .,..x7e,ti,)t-eki .Z. 6 J•% -.S 4 X C. CV -e *4 fiAl a Al 0 pi A i /-0 7LA t /0 e,734 0 F 44-e.. C; n t.14,11 7 (r 1 9 gttachme -at 4 a' ----1 -,(1) -A )\\\\I ill\Pft Act j Lc) 1 --g 19i c 11 '1 '1 V.-- R S 51 S LD j \\SvA, s\--s,%.,,,,,,,ts.„%ii 1 1 M° ii,4. \\\\t\— molt ,.`Z S ubject.Pr4Pe `1 0 Asiyt DR 1. H 1 LpR HDR R 1 f• 4p `pRtoH (5- Propose oo d�and View 497 city r 1.07496 10 ORTH FF tt r ---116 —r r Attachment S '7-.4-417- R t 0 r F n ai y t. rt. =-:1-.0-1-' -a: _._--:.:f' .4/ ,1-,:,,,,,,, 7-:_:," 1 ,r-it .f=i j-r: iill't:&t.- -t. it:-;5-!,i.. i.. t 11 ,..it;XiVi .,1,* jj:__;f:-__-i:s,-':-%;:;-_e- _A-7,1- J. 16' 1 A- .v F E 3- R 'fi r 5 tc r A r Or 7 s t p r f X15 a .r te Y� e y� r f �z A „i!,0::'- iit_ltr_:'..-(44-r-,tlii;W.- ___.."---re..:":,-.*:grt-L-T- 1-$.-,r7,4'.k.,_t f&M,e_'-. i7711,1_-_--.4W--_ .-1"-4--- A r_j.kiF ,!.,,,,_:.a._i.___,„..:.,,,......,:*,...,;:_,:_,,„_,a-i!..7-c.,,;,":111-17,-,,,p:lei-,.._,,,,a,5-,:-IT,t4-; wtz-iy..,t,z:- lig 4:,-:: 4 t i rg 5=-:';.:- 4--tft. 4/1. -i t----- •=4" q=k1: fi --1 t =';f-...-,T.T.,-A--k----:`,K=,,N -."'14,-;-_:.7- .4 „,zi- 7 4., iN I .;!F:4 I _{.4!";4:- .1: 4.1 Ave 0) i aim 41-41r 1,, l J y lF i� 3' c Fi` 'F n +c. fi i� i'a- .--5 P c� z t 3 J` F cam• v R 4-* "s F. r L sue Q 4 A -c, a� t r im` +Yi.r s e .r r T S- �7 .i ce a E EQJ w S vue- a te --A.-P4--- £f x ___q g137-i- 22 ,tr"- -Iii.j.--_- 2:2,- iiiT472-: :-,:-,7::,-4. i:,--mVi'::--,7Z---N-"--` '-4""--'1---:' -4--- F Q -T Fes, `:�4gt:=" bc-! r Z y T' r s _X 5 g T s' B. t om it i te! -z 3- "ti i E r �-c_ 2 s r.X i; +tea.-- t c ",e rte E sy I a f r r r r2 •mss r t� {_.,.tea.- a t 1.1 ma y E .fi t ttf- L1 r ::Y-'-,,S.''. s. -..7,5--,T; -T'Cl"2:-.1W5:1:1.-,--. .7 i i a <.-k--.,■4 •,0 ...;.-tA :7 ;t1 ,41 7 ii Z' :.-'.;Ji-IrgIF., 01- •a-f ficl tAt: --r 3 -`-f -fi= r K t �i i t om' -Al :1 J I a��,e At t achmen.t 6 cr) 5 74 A3 c. m g $.1 c• P I ri Q 0 0 1 i I7 g b E I F l 2 I A i• lz p ra n n 4 a Z.5.: 1 =Ma 0 P c• M A c•• P A- 9 P crP• rs, 1 0 tg CI 0 o N. r.. E. g X t g INN C2 44 4 62ND AVE. S. 2 40121197 3..a3r T 40 4 4 6' 70 1 la 0 IR 2 71 r 3... 7 g V) -I g ■11 Ti, e• rn 1 3;\ 4 '4 rT: :71 1411 r .c, 8-' fa E E e b N 1 239.434 I -I PiT.,'ff- g A li c= I A 5 tbse 2 2-PLEX -STORY 1 i r a 1 10 g 4 2 8 i I- Z 1 4 R -q F 2 51 I ti• I K 8 0.5 A 6 2 0 1 316 sA -c 0 it 1' 01' (I it b I 1 CD 140 ft I 4 CI il /7 0 ll) a n o MD ASE S. r n pa o s ,.e 0-■ ....AV c• z ca. r, LI ti) i .5 ,-A A 0 Ef 9 9 i, 8." (.71 r- Fr co o c., i-_ __,_ro g N Ft 'S rn ,a II cn .u. 0 CD 1 .:3 CACENIEZ 312•11 ri• 00 0 CI 61 Er 0 0 z< cs i.e•-...-401 0 CO -I ;S: 0 11:0- Ka 7z, La 131E81-->IK-N.■ Attachment 7 City of Tukwila N 7:8 Department of Community Development 6300 Southcenter Blvd. #100 DEv i" UN/ M EN Tukwila, WA 98188 Re: Zoning change requested at 152)(x-65 Avenue So. Dear Sirs: As homeowners in Maple Tree Park (lot #10) for 12 years, we do not want to see two story duplexes built 20 feet from our backyard. We, as well as the homeowners of lots #5 -9, bought our homes because of the greenbelt backing the property. All of the Maple Tree Park homes (valued at $500K or more) would prefer only single family homes built_ in our neighborhood, or at least on our block. We have more than enough rentals on the east side of 65 Avenue South from which we can hear so many parking lot arguments, car alarms, loud sports fans yelling at their tv's, etc. We therefore strongly urge you to keep Parcel #3597000360 zoned as Low Density Residential. Respectfully yours, David Gloria Yoshino 6361 S.151 PL dated June 17, 2008. RECEIVED Attachment 8 'JUN 1 8 Me GOMMUNi DEVELOP NT City of Tukwila Department of Community Development 6300 Southcenter Blvd #100 Tukwila, WA 98188 16 June 2008 To whom it may concern, Hello. I am writing to voice my opposition to the development proposed at the east end of the property located at 152XX 65th Avenue South (Parcel #3597000360). That area along 65th Avenue South is already one of the least attractive areas of Tukwila east of I -5, occupied on the east side of the road by somewhat run -down apartment buildings. Additionally, and perhaps more pertinent, is the fact that 65th Avenue South is lined by parked cars (some that appear abandoned), presumably overflow from the people that live in the apartments. Adding more people and more cars to the area would likely make the situation worse. Currently, the only saving grace for that area is Tukwila Park on the east side of the street and the trees on the west side, where this development is planned. Whatever is done, please ensure that the area is improved, rather than making a bad situation worse. Thank you for your consideration. 7 Jeff Anderson 15115 Sunwood Blvd Tukwila, WA 98188 /�C Attachment 9 'JUN 2 6 2M COPritan4i Y DEVELOPMENT 6/25/2008 City of Tukwila Department of Community Development 6300 Southcenter Blvd #100 Tukwila, WA Subject: Zoning, Parcel 3597000360 I want to express my objection to the change in zoning of the subject parcel from LDR to MDR. This change is likely for the purpose of constructing condominiums or apartments in an area where there is already an overabundance (east of 65th Ave S and on 62nd Ave S, including Sunwood blvd). The zoning classification MDR is not consistent with the housing west of 65th Ave S and adjacent to S 151st and S 153rd Streets. The housing there is mostly separate, single family residences with medium to large sized lots. I believe this area should be maintained and set aside for separate, single family residences, and not the higher density residences allowed with MDR zoning. Sincerely, 9 /4/6‘t Maria C Notch 1405 Harrington Ave S, Renton, WA 98058 (Owner, Crystal Ridge Condominiums Unit A -304) CO UNCIL AGENDA SYNOPSIS J 9sy'`, Irritial� ITEM No. f p A E I illeetin(; Date Prepared by 1 Mayor's review I _Council review 07/14/08 ]R f �iA.' I 07/21/08 I JR 1 ITEM INFORMATION I CAS NUMBER: 08-086 I ORIGINAL AGENDA DATE: JULY 14, 2008 AGENDA ITF.NI ,E Draft Walk and Roll Plan C.\ Discussion n [Motion Resolution Ordinance Bid Award Public Hearing Other :•lltg Date 7/14/08 lltg Date lltg Date lltg Date Mtg Date lltg Date 07/21/08 lltg Date SPONSOR )R 1 1 Council ma n Adm Svcs DCD Finance n Fire Legal U P &R Police PIV SPONSOR'S Provide comments and direction on changes to the draft Walk Roll Plan, in preparation SUMMARY for finalizing the plan. This plan would provide a list of projects and design standards for bicycle and pedestrian related improvements. RI \•IEWEI) BY COW Mtg. CA &P Cmte I F &S Cmte Transportation Cmte n Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: Transportation 5/28/08 6/10/08; CAP 6/9/08 RECOMMENDATIONS: SPONSOR /ADMIN. Consideration and discussion COMMYFEE Unanimous Approval by Transportation Com.; Forward to C.O.W. COST IMPACT FUND SOURCE EtPI {NDI "1'URI. R1,QUIRID AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: To be determined through the budget process MTG. DATE I RECORD OF COUNCIL ACTION 07/14/08 MTG. DATE I ATTACHMENTS 07/14/08 1 Informational memorandum dated 7/14/08, with Attachments A, B1, B2 Minutes from the Transportation Committee meetings of 6/10/08 5/28/08 and Minutes from the Community Affairs and Parks Committee meeting of 6/9/08 ��►ILA, Gif of T �1i i y Jim Haggerton, Mayor 4: ors:! o s tr 1 Department of Community Development Jack Pace, Director 1909 INFORMATION MEMO To: Tukwila City Council Members From: Jack Pace, DCD Director Jq- 5 Date: July 14, 2008 Subject: Draft Walk Roll Plan ISSUE Briefing on the Draft Walk Roll Plan. BACKGROUND The City of Tukwila was awarded a grant from the State of Washington Department of Community, Trade, and Economic Development (CTED) in December 2005 to develop a city- wide bicycle and pedestrian plan. A range of different stakeholders was involved in providing input for the Draft Walk Roll Plan, including members of the Cascade Bicycle Club, Feet First, the Boeing Employees' Bicycle Club, the Tukwila School District, the Tukwila Rotary, Tukwila employers, and staff from adjacent cities. In April, a special work session was held with the Planning Commission, and staff joined a Parks Commission meeting to review the recommendations in the Draft Walk Roll Plan. The Transportation Committee reviewed the plan during their meetings on May 28 and June 10 The Community Affairs and Parks Committee also reviewed the plan, as an infoilnation- only item, on June 9 At the Transportation Committee on May 28 committee members requested a list of Potential Council Action Items (see Attachment A), which was reviewed by the Committee at the meeting on June 10 The following modifications to the plan were recommended by Transportation Committee: 1. Add a seventh Recommended Action (see pages 8 -9 of the draft document) creating a dedicated CIP fund for the Walk Roll Plan. 2. Research alternative presentation options for maps included in the Plan that will be easier to view and interpret. 3. Revise Plan to reference all school districts that serve City residents, including schools that are not within the physical Tukwila city limits. Several schools located outside of the City service local residents (i.e., McMicken Heights and Ryan Hill neighborhoods). 4. Require pedestrian connections between adjacent properties and along commercial building fronts for increased walkability within the Tukwila Urban Center. JR Page 1 of 2 07/09/2008 1:06 PM P: \Walk and Roll\Meetings Events \COW Memo W&R_7-14-2008.doc 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 DISCUSSION The Walk Roll Plan will serve as a guide for achieving a connected non motorized transportation network for pedestrians and bicyclists. Implementation of the plan will provide Tukwila residents and visitors with more transportation options, while at the same time enabling people to become more physically active, save money on gas, and reduce greenhouse gas emissions by walking or biking more places rather than driving. The six major actions recommended in the draft plan to create this connected non motorized network (not including the 7 recommendation from the Transportation Committee to create a CIP fund for the Walk Roll Plan) are: 1. Adoption of bicycle and pedestrian infrastructure designs Update the Public 'Works' Development Guidelines and Design and Construction Standards to include new or revised standards for bicycle and pedestrian facilities. 2. Designation and adoption of recommended "Bicycle Friendly Routes" Replace the map in Tukwila's Comprehensive Plan that currently shows Bicycle Friendly Streets (titled City of Tukwila Non Motorized Transportation Plan Category I) with the "Bicycle Friendly Routes" map in the Draft Walk Roll Plan (see Figure 5 on page 27). 3. Continue construction of neighborhood links Using the Neighborhood Maps on Figures 7 through 14, as well as the map for the Tukwila Hill neighborhood, prioritize which unimproved rights -of -way, sidewalks and trail links should be constructed. Create project sheets to be included in the city's Capital Improvement Program. 4. More than the minimum for pedestrian safety Include extra details for improving walkability designs. 5. Railbanking for the future -Use abandoned railroad spurs for trails. 6. Promotion and participation in biking and walking programs Devote staff time and continue to fund education and encouragement programs to promote biking and walking in Tukwila. NEXT STEPS Provide direction on changes for the fmal Walk Roll Plan. The Draft Walk Roll Plan is scheduled for a public hearing on July 21, 2008. According to state regulations, a 60 -day state review period is required. The plan has been submitted to the Department of Community, Trade, and Economic Development (CTED) and other state agencies. Adoption of a final plan is tentatively scheduled for September 2, 2008. Attachments: A List of Potential Council Action Items from Draft Walk Roll Plan B List of public comments, including suggested revisions (to date) JR Page 2 of 2 07/09/2008 1:06 PM P: \Walk and RolaMeetings Events \COW Memo W&R_7-14-2008.doc AaTA C 11Mu1~ 1 1 0 r 1 Z m a a q o 1 c c N U m 6' m N c6 p g 0 a7 t� N U Q Q) a) N" p Ft 0 O o O -o L a o :c O N O o E t) O 4 a c O TS O N a o p N'" N a a) „c o N c II T N N N O lc N c o n O 0 3 7 a) a) N T m o N' as "0 o c o w 0_o- a> fl Is Q o6� m�� N °2�, ca 0 0- 'D Q g a a Z. 0 44 4 4 o o t5 a o a) C :0 Q E o d a a 3 CS i N v g co- E r O 1 c° a a) a) -v c Q- Q- 0 L 'a .0 0 a a) a) -o p c a) 4� "O U N o 06 S s@ its 1= U Q'0' 6° m o x c 6 O O cl) U Q 1O 'O O (Q N 0 �7 a> Q N m O p C -D N E N Q L U ,Q LL Q V p N p g- E p O u- v L l O Q al (1) i 0- ',9- W N .Z C F-- N o g Q 6. O v tC 1- CO p y s i rn o T J N O a 0 -a Q O 3' .N 0 D N u; O E a) "N C V 'S 0 O 0 L t. C o T3 c V fl O V c a c Q 0= L O a) N N i Q 0 L a) U O Th cll L a N g T 'O Q) 03 L -6 N a U Q CO i. d co j0 4, ca n .......5 to ,Z 0. c 4 0- I cfl O Vi c(' J a a o M N O r r' J co 0 0 N c n T U1 U U O 1.11 s- o c c L Z _c O 5 m U N 00 Ca O -a N Y L C6 a) O C j Q) U) O (a c O c Ca o c a> v U 0 ca a5 T, a 0 a) 4) >5 O N Y 7 a3 _c O U s 0 0 0 II) p O N O 1 O 'a CD N 2 c cn t`- Q Ca %ow c Q O V Ca L -p 0 c O L Q c O O Q Q 0 U N U- Ca O d 'a C a N O o CO Q Cn O c ,r N c 4- C n. Q O 0 U y 0 fl- a) O O U iCC E15 y N a i 0 ;i:� c C Q 7 N Q V O N 'L a) O c N N as Ca- U ca Q t j ai n 0 E U o L 0 •N ao c 1-1 0 O Q W a m Y a) ca o. c w D. nn,, m --6 a� L W Q L U v Q O c Q. n O N O a) Y c O a) O N a O L LO N c u) L O N d) n a) ca O U 0 N a Q 0 cu 0 a) m ai c a v 0 Q c o c 3 ai c o 0 N ca a o c o Q c aa) o CO a> ai u s 0 c W a) 0 o a) c° a) c Y a 0 m o E c v c n Q- Y L i... Q _c -0 C L o c r Q, C LL a> ca m CZ a v (j) 0 o a) L a E c ui !,,...a) Y c w o w Ta p a� o c c a o N o c p c c o a> a�'i y o 1 Q fl Y aS a� �i c O Q o E a L o o o a 3 c N Y 0 ca a) ,3 a O E ca o w Ca Ca N ZZ -c (a N U U ca v t3 to Q o a, Y c s. 0 c O 1 -(1) 2 V ca c E N ca i• O Y c a) C C6 co 0 c o Q ,C:, o o ca c. 0 rn -5- as b 3 N o -a E as U Q m _a) U a a) E ca u' 3 0 o L co G> a? o T s o c O c c a) Q -t aa, c o 'L. 0 a) as ca 'O (a Ca o.. .c a) N O O E ca L O -a E to U a 0_16 O„ Ca Q O_C E) 0 ,�i-.. U m U d ca '8 as coo 0 Y ca S O o. in- ch CD O v (73 v) to c Q Q L c c 3 a) s ol w y am d N Q. i -v 0 u� Z t N O c cc) 0 U L L N L Q fi c E as Z Q. 0 0 rn m u' 0 CO C L t6 L 2 E o w 0 CO Q. N J I 0 T CO Q Q. 4 CO 0 h to 0 Ce in CO 0 a) 0 c o ca) L (a N 0) 0 L O i p D 4- C- O -o O L a w co U D� 7 C L C CD ca (a E a) L) O W Cr 5= O c EL co c z 0 ns a o o o c o rn c _c N 7 3 U c D o U L O o) L o Q. a) j O O a_o (n .-c (n p O O O 8 s 0) o -o o ca c O o 1-- c -_i Q -c c° c 0 w C o u) c CO O o (6 p c Y 0 a c (n c 0) c a L O Q C -0 Y 0 Y C OU Y a) p O C 4- j, a) >O 3 p .N N -c a) a) m CO E-c c ca Q O c E O° 3 aa., 7 E H 0 CD_ 0 o 9 Q w -C a) o E c :471 En v a) o C L i N _c a o o (a c c c c c o c t D DI o 3 O w N co L ,U) t L Q c- L c t5 CS) O CD E N 0 O. a)-60 c Q to <-4- 23 o o ca o Q 0 a C L C CO c -0 a) O c O 0 c O O D (a N _C ca cu E a) O L c U Y i- 0 i ca c a) _o _c L p To 0- 7 L L -O O L (a U E y a) a) L N 0 fl_ o Q c 0 c N (a N 0 U Q co 3 _c co C a) N 7 c O U c c L c w U CO CO a) a) N O a) Y c (J c Q O O L O (t3 (n L E c ca L c W o ca C c O (n O U O L- .,_,a) u) 8 O C Q_C 0 (n c is d Q i. c c 2 a MI c c a o ai in -0 L a) c a) a t) oa) 7 co coa) o aNQ 4) c a x 70 :E a) N o a o (6 ca x •c aa)) c (0 E F- c a) (n .3 0 o o a .c 3 3 o O o c o U 0 C G) O ...ca 0 CD CA d V c 4 0_ Q d 2 N L C O 3 r- a) N C z 0 L 0 t O= Q Q Q Q. 0 Q o 2 o L (La 0) (a 0 cC co c3 0_ Q. Q. D O L o -o 0 C/3 s c .1:0-, m 0 U- 0 0 C CO CL It N Q N CO J H O Q O Ce Op CF) 0 oo O 0 N O O ______--T- I o a 0 0 m o fi os 0 o Z -C3 —0.c. (ll O' N �i' O P_ "D to L O G 11- s G N G ca G (a Q O (4 7 C X 6 O N N O U N p (6 Q CS o o U ca N G C T S) E O O O 0 N O .c. `1:) U O ca 1/45- O- Ca G C -o O R S p t E o O U fl- v O N YO t o O Q C N✓ 7 0 d1 N O RS r t U N .c as O Q y 0 7 G 0 o) O L- (a aJ -O L O y -o c G C U.. O-O G O TS RS Q- L Cd (ll U O g O N r__ p o N E@ U E o `n 9 v a� p (v o Y (v ca (a {t ,4 E. 't t4 E D7 O o L CL 3 RS N C as o Y. G o r- 4) >c p t r N r ca. 0 N G 0 N O G 4 T U O T p x O (a N 0 O N 3 O 0) 3 G N 0 a Fs N N E, N O O 0 N N v O N N O T3 U -(-1)-, d N ca 0 O' ui O (a G N V 0) O G Q ,r U 0 O 9 N O O (b p T L' N O G O 0 (a O N p U 9 as O 4 01 O v G y O L 7 N OVA O N 0 ..O N O O •O Q (t5 O G O@ •N R1 O �a cv�� eo��EN� N 0 O _(.4)., j (4 t r y O N O Q O G N 3 U N C.)_<_'''- (f) E I- r G 0 o g r 0d cs u) Q a o a 0 E of C c4 m ca as N 0 0 ca r- G A co �s 47 to C L O Tr? VA cp co \l-' 0 co N c 0' c lc I err co 0 o :13:.. 0 0 N lo U- Z la O d y N G N O y 2 tn u O i U- D N N m3 Q O -0 v \(*)a) o° ll N o 0 6 o y e. 9- s p o) O_C O -p O G 1 S1 C p a O O tU U Q 1 a fl U a o p \-0 a o 0 0 ,t----. o f a) o- o N sa'. p o-m 3 Q N@ N N N d O Q N I @EIS El sa O Do _C Q N N N O N d N 76 \Ira Q to TJ N O Q N fi d y; N- T o- O N O 0 0 t C O 0 d O O O O -o .Y U C N L C� CEa 1 E 5_ 3 O j O y S3 O O ill N LT1 Q O E 0 Q 1 Q- c O 0 O o) N S. o 03 4!- t� a o d 'O c d G p O� -w Q d 7 j U T 3 VI N (6 C CI N N 6 U U O 0 Q O 0 i Q N d O d N N o) N 7-' 0 a CD y o" U "a o u v o O N c E N 0 -P O N N N N Q} U N a d N N N G d ,a T 1 N as c Sr 9 "p T5 U N a U m c N 'a O O Q@ LS1 O O j G d u? y@ t d N V y O O d 0 0 U n a O N 0@ T 3 V 3 d) G@ 5 N N a> a? N E N s N N G O N EO G U Z j N T a s- u o cL a a O p E 0 3° oN a� o -0(1) 0E 9 a7 3 o a a� o o N I a a o�� oi 126 W I N N N O d U O N O@ m L a- 0 C Q O O Q O O u i 4r\::-------°0 ,ate I o O O d ai I Q y y TS cts Y d 0 G N N s a? 0 w� O a) 0 d N co a U 3 V o O h o Q. 0c I T` Q N 0 N O d n N u, 0 .0 C15 V'S 0- 0. ,c-r) ca 11C'76 co ir et 0- 1 ch 6r- s-- d----- Ic CO tt) i li• co O O N O T W r Z 0 C y co U O N d U) r3' QN c° o o C o Oa- 0 N SP N c O y O E c m o o" T -0 U O N -a 3 U W O N N c O N "O 9 -N. O ,0 t6 Q U O tb i6.6 O N t co E N 'r Q- tU O 0 0) N N 0 L .O N O N 4 N O t6 C X U O Q— O CI- N O" a) T_ O 0- O tII N C 0 O q1 r to s= N O ea i a) a' N j O C G N U O �?N- O N (0 N u O O� O O N O 7 d7 v O O U T O O N O O .9, 0) n o CCf-O c E N U C X Q c o co N O d O cll N U O G a O O U O 7 O 0 0 O N N¢ O V- N ccS ap c 3 t U 0 N 5. c a) Q- C O o. s -a ai c o N C U c N o a r O N O Q O Lt- 'O O U@ N T.-, N N Cd N .c CJ o) .0 Fa 0 p t6 0, 0 0- T. V r ci7 Q CL O 1 O p p d 0 3 2 o o �p'N CI a0c s. -0 -La t r E mt g" O d O (1) CD W N 00 Q N C v O d to i to co O N U F+ O N 0 co 0 0 �U L L ll. O r C iQ G i t0 0 -in 0- co 0 C6 0- co N (0 1 03 s T t� o .,k. CI) ao N 1 O EL 4 t U co IN s2 Ce co 0 0 N Y N fl O O 0 PO y C u Z c a) 0 L 'O N w c c 3 c a o a) czi c 0) 0 c a) U t0 O C O U m a) a) t- 'V) U C' -o U N m CD (0 _E N al CO 4? T C X O C a 0) p C (0 4) 0 U a 'N M U T3 U O 0)) _C 0 N a) •I-' C 0 U C i O c Q a) p O 3 O LO t.- O a) t- gS C E is a) O p 0 el Q) 0 a) L O D. N N C7 0) a) 0 U N V Oi m— 41 Q) "p c f!) i Q¢ O M L p C co C O G c c t0 (0 O to (0 p r N c0 0 t0 c p a) m f a) N 3 e) E o -c F, co w a' v Yi a Y� 2 a) co*-. O0 0 C W (0 a 8 2 a) c c o 3 0 a)° p�")0acc c`° zs 0 aria) r 0 N 0) o y m 1— �s v (1) c�a 2 E `n L l� L c -ham L a. as v�c o��m J ci) c t3 0. o a n N c� o° o N ai o° is v 0 y a a a) c o a) ta Q a� 0_ o o 0) .n a ai 3 Q. a) B Q s c p a) p° e U) c o° c v o c o U> a U a U O a) cn C6 r 2 3 ti..) b d O CO N C) i t� W cci sZ 4...., F— L s. z t6 0 O c Q C oh .5 p 0 L. Q a� o Ca- Z .c O t ca N 0. 0) 0 .c Zo 0 L c_ L N CO (0 t) U CL cn L- 0 Ca 'a Q c 0 Cr) 0 LL L o C� d N M C6 c4 1- CL .fl. mm 0 V r U) M I 21 W 0) (Y7 (b CZ cc N tei 0 C"`4 N ATTACHMENT B 1 0 o 0 CO t om Cd U U O d 0 e U 0 O C 4 y y A., O >w F o o 0,1 W o 8 TA r 0 0 H H 0 Tb a 3 o 3 RS O p c y b f) 0 A W `n c N 0 ,0 0 1 el bA 'Fs' Q 0 b°n f ms o tl v Cd 0' 4) 'd U O O U N IT vl O U.0 p ca to v O Rs cc y '0 3 0 0 a 1_ o .o 9 0 4-_,- .a r0 1 o T c0 0 o cc c!a a .3 o 0 o a' vi -V vi v bn Z T ai V C q fn a O co Imo A 'O N p.) uz c d V t-' y cq O (U QJ a) 7 CO W o 0 s cr, v, Y N cd N 0 3 En ^j U o LS 0 0 C wa u a H Z w 4 E-' V P z a 0 Pw U P.' P d Pm W d et' i''" tel O o P~ a UNU nom.. a o as o a H o 00 H vi w 3 g '7' O a o Z O t. a a l" 1 0 ti O cG G p y 'G w t-) ol 0 e 0 O. p a E- ji 0 a> 12 -0 2 r i 0 T 0 ^d o r) y 0 a u a) v t: p E- to 4 o o 0 l o o o> a i 0 O ca ca l v, c rx. N v cs p o r G E E v n b p 0 i r� m a> 0 T. o 0 a) 0 3 o e 0 o N S-•• 0 I 0 co 0 g 0 -o y tf) tla 0 N el) cd i, rig o (/1 U O ti CD .O 0 c 1 C'7 O b17 p W d cd y O tr) c i E N 'o 3 o as o o d co C 0, o o 3 w o v b 7:$ w a r ',.1) a en b d t x X 0 H 3 ��a L, 0 r co Y "d T Er N 0., O W X a a H PI w z0 CA U P. Ai ao W A 1M Q E''' P4 1� PA W d d E- .�A a> a cd O 0 4 ot X N I E• o o o a) Y ea i e d f O 6 1 1 t 1 1 r r M s 3 O fi Y TA t 1. v v n n 1 1 r 6 i 6, v v W o O_ 1 1 1 rn 'd C e) 1 O R J U a) Z. 0 us 3 N q. v oD 1\ P,i '0 111 O .9 Q cd, i,. 0 1'0 ,s:, q,"; tb Vi. 6 7. ,55-; 14 r a F 1— g Q t P. KA y 0 o O 0 0 (''s tE., y c 1 a 4 1 0 s-. r o VI P. o o e o> o o o O 0 A k \o, rns Q 0 0; Q a -a o I� U o et 5 d 3 .4 ,7 o i TS N G 6 p i 6 'O Cn eq .ss o ,r a r cs 00 O vi ern p n co G 0 0 r 3 3 Y 0 I r) 0 4.4 4. .0-, y.... a o) m v, o o G U cla \'e S co a w o 0 1 0 y 3 fl.c ia f 1 .0 0 4 1 t 0 i Y cd a tn o i 1 y i r. r U zI 03, 'y \�0) G \'1 1 N U c'�d v� 1 d O 4 Q U 1 Y U m l G 1 U Z 10 rn 1 1 w m H s' ,fl I t r a i 1 1 Y. 1 pa 2 7.,-t 1 t CA \-:c-e` Z.5 W N ,...a W d d Qi N i ,-.1 7 'a 1 W U o d r a s O 0, p ca V§, i o To 0 1m cd t 1 0 V N L 0 41. 1 4) 0 s H t W p w 1 d 11`d H 1 G O ca T en 445 8 N <1 O O O N Q Cd u 1 a> N a c� et 0 us 9-, Y ,.J t� P v *ti w 9- v 4 a) cd o ca o 0 r� 1> o e g -0 a ca 1 1 0 0 a Q o 9 1 z t o IY U o 3 c Y, o aid t 44 \Z r-) cc' a i H o� 'o A cxi 5'; t fl P. 00 E- O cr., 1 b cs p s a) a) 0 o W O al bA 74 .c 4-+ l U Y p p u Ca 3 a a� C a) 0 4- 3 0 0 A 0 .4 3 cd cz o c4 c W 0 3 r ir 3 3 O ,c 0 U c P.,- o 3 a, o o y.' v cs bq o x S o vi F o° a 1 o a 0 a 0 rn Q ..o 3 3 g a o g a 'a es a) i cs rd o. H 0 o 0 0 u Q U ai N 0 ..0 4 •0 Q, bA rn s.. t CA ti trz O "ti E O -0 O 0 U F 4) td C'. N O. e, '0 O 0 s a 03 N o t .4 .P 0 Q) F "rd 0 e, E 0 O 14, 0 0 0 cn a O 0 Z U Z t,., O y> n o c co 3 0 CO cn W o o oo g o a> H U cd RS (B e3 (I) F Z F X al F Cd CL) W Z o a X o r W CO E v a 0 r W Z W 0 d U F" L) F c �aa 4 o Z 0 a ƒ .9_, ƒ ƒ a g a f 9 2 t t 2 k 9 3 t r& g o k 0 ƒ k 3 6> 2 a I 2® w o e o J W t v0 t 9 6 el f 0 0 /104)4' 6 0 0 0. 6 6 g ƒ c 7 7 ky 7 0 .-r- P Cd f k 7 7 7 a ƒ 0 g t/ 2� 0 4.-> g I0 w 2 P. 7 VI i cA \7 f 2 o S� k 0 m 7 /3 q ,3 e k (0 U a) p ,m P Q Z o q m k A �A�� 2 v 22 k y �2 k c 1 trs 0 0) a) 1 Z a) cd O O 'a a 1 9. ;0 o c 0 o aD OD "0 p 0 a) oD Sy O 0 U O cd U Q ^d d fl p' cn 0 cd O T H 4-, O 6 4. ,T O e y T *'d U O O O cn to N U O H cn i.' O 0 O a N ;_c cd N 4-, w A a) O 6) a) ap e) a) 3 6 m p O 4 o O V 4 N 'ti V ca O r' 0 c c0d 5 U CO 4 0 4+ O C3 O Q d) O 0 0 a) 0 a) 9, cn ,d O O U" O 3 O N O 5 0) 0 c~d Pte- a) Cf1 IIu u 0 0 4 -d 3 0 a a 0- d o 0 0 'cn 0 C E I y ga. W G o Y Q 3 w 0 3 U N p 0 ON s0-• cll cd V a Cd H a) 0 0 W an r X max �r 0 H p, o a P V 0 0 cd o X z c7 w W F. O Q Fa Q 04 Cr fira clA 44 M a A O F o y d O M C' Z Q o 0 0 T O Cam.) cd a> cd i Z N O n N O 0 r O 4) rn v 4) .x 1 42 1— N e N 0 O 0 O y H 1 1 Q., Q N Y 0 0 Q C3 col +Z r T O i fl O Q 3 c� O 'O y j 0 Cdd N '0 V, 0., Q N "a O- R 0 5 `v 3. X OA a) W 0 N V. i— ua 1 4) td 1 cd N d'• ca 4n O 'fl v Y o d v 4-- as z7 cd v p 1 0 ed C (n N T k 7 w O O r N 6 6 N N N Q 1� v .0 r p y a 00 O c p O •'r+ T U :V= 0 0- ce, N ..1,:a cd ,f` V 43 0) U I w a' .8 o O O 3° En ce) C W d O 1 1 1 W P e W 0 V e W 0 i C U c.11 cx,1 d cn W�dH� A cn ��t a '.-1 co P at -f.4 v A T v c' U T d o G tc, z 1 cd 4-, cs cd '1:5 w tNA 0 4-' 0 a� 4. a' •X a) O p., I O N cil a O e, a. 'O N 0 cl 9 10 VI Z 0 0 0 v 1 4-> E 1 o ,0 g vi a> 0 a •0 z 4- 0 g vi 0) a> U y. W z w 0 4 3 0 CO w ri 1°4 o A O U t v l� 0> 0 g ai at a) U tn cd iG o 6 4 1 U O- P+ o W a.) Fd 1) H a.4 0 0 W e g H i Z H W °i o 0 H o o ��v as 5 Crfil o x --4 U z a 0 H G W 44 d Q a Z H W .Q W e rZ A 4 A-, O 0- O 0 0 co ca 4 W N Q i o (Si 3 co E., a 0 o Z 1 I tl' O t O cd O O U j 11 o a H 3 0 1 U, y y y r� a y a 1 rt, y WI `V N H C1 1 V, 'f' cd r e �7' 6 O 3 O Y c' y `n H y p w C G o a H i y to d a 0 C1J .-8 p D c bf) �O 4+ c O vi v j �d y `n `n 4 p Y o :n o o o o H SJ-+ cn O r 1 6 0 C' U O u� U ...ci 4.) ,T -cl 0 T. 1 0 0 `.'ci d c m m S v O 47 N 15 .C) 4-, H 0 0 0 `c- az 63 1 \4)a),, °H' N 0 o o O 1 6 r1 a v 0 N H1 W y 'n i'Gd Y YI 0 Y H E Y y .r QJ 5 tIO i 7 1 v O 9 O Ii a o e> o E Y i a e7 v n y c, F \Y r1 7 n O sd+ 0� O O O Q, G n 1°fl 1 t ,,,"5., i g o 6 t i ctl \-41c.r.i 1 �o o j o H cxa N 1 ca rp ri S� W 1. a r1 p o p 1 1 G `t d r..4: N m a 1 OA er 1 M 1 a N y i 1 0 j 1 �i 'va 1 ry 1„ CrO0 1 o a U ow yo 7 00 U 4 ,3 *O U s O C 4 ,1 N N c-, O fl L c y O *O o `d 6 1 u O 1 z t 6 C4'' 1 W c 0 -d 4 o,- q y o Z 0 G o o O N nzi N P+ f 1 w N t U U s•-, t O P 1 7 v i G 6 O 1 0. +0 3 v a 1'� 1 6 d C t-, ,fl y 0 1 e O 6 0 v N 0 p 1 1 .p r P u y c3 N N ai „cy 03 \C;.a u G O Y r n T cll cn u 0- G cd o o o n s-• r ti ad y `5 *r3 a tt 1 W t} 0 4 3 1 c3 r 1 o t a cd 00 0 p 0 0 1 oi b aa t3 0, (4,...., o 0 V -c ca V o 5 111 U u 6 N c3 6 1 p s, 0 \t...) Q l a) �3 x •51 p V CP 7 w o 1 rj-, v-4 u c_t 5, 4 P 2 cLA, csA 0 cn z WSW \i", 'Ao pt t N Ei, 0 o o� p 1 do N V 6 y *O t ria U Y C oN t p N V.4 p .o <4- 0 c c v a CD sue, O 0 ,n 0 0 0 a) 0 3 0 Q a -v o a W -0 z t..0 O O cn .fl Q 0 O O a 0 o c o 'A o a3 0 0 w 3 .c -O W i 0 o P j v m x 3 a a C H 7-. U 3 C/] an .1 F< '9 cn H o P- -o -.5_, z Ta to 1 o o 0) Q Q j ow g o cn T '0 O 0 no N co v) 0. a) 0 e. 0 a, e0 O O O 0 0 p O U ;9 E n ed *b O F� a O y .9. Fr i 0 v] c� I .x U c tfl to 0 c r,p 0 3 0 0 U -0 O cn 'O to 0 U p U cn CD O o m x CO V 3 0 o o 0 o N y x cA c.)EA' u•I0 En 1' 0 c a W o 3 n a O. (1) cd 0 Con Z .c15 W i F X w, O E. M V -0 c z Q p W g 7:I I a o a. W X 0 a W z C/D 0 a z I O z w t7.W a Z A.( WQ�x 0 o 0 a A a O.( 0 a v 0n 0. a P-, 0 V x a) cn cn x W 5.....( O 0 0 o .a VE-'V Cp c N 3 A 0 O a A o cn 0 c o O A.( v v o 0 i v t4 c•4 a d o N M A o z M ,M 4_ 4 N p v Y w-+ 1 a -d .9. y GD f� N O N 14 U Y i.' 'vi G• O c"d 'd O es) ,1:' 0 G O 0 '4 s r p Ca 10 V 1 0 i r Y O U t U O 6J '0 Y '4. Y ,e i o 4 ilk' 4 Y H Y p tU t 1 a� i-� N r a 6 r te p 0 0 Y 1 O rA 0 cn i i Y CA et L -4 bfl -1---:' al 1 1 T t cd P' '.'`5' pA m P o 1'5 4,5 4 6 i- --6 k O t O a, cis O 'O o Y 0 V Y VA -d T s w y-t q Y t U,, Y U G U U O O 6 U to U U 4-, N 0 to 6 C' Y r Y 0 4 V r p U 0 0 1 o N p j CA C�> i Y 0 J t Y ''.6 4) a Y t O 6 d, a� Q p. 1 'p p� \:.5,_:, p t ''--O- r ei 76 y I t a) 0 0 P N i..., Za O y ;1 J '4 a7 y s3+ v 0 as il 1 V(1 di. r t w on A O Y O p 0- Y N E.-- us Y 1 0 r 1 U 5 ,--1 c.0 N c a) O U 01 U G O N 6 Y io., )C.et an t 1 o 1 N 0, cvd 0 N cn. 1 1 k 4 'Z ::tt It CL N O s-• W G IS- a i 1 U Q ;A 1 W i H EF �1 t \r-4 6 1 1 ce 'v-\. 1 ta {l O ff' i s W 1' rte',,' V-i- 1 W R, o t4 Q us Q G i'6 0 W U 9 m m 1 Y 2 o U i 100 i� F IM o v, Z, A O v �3 f i a) 0- v w r 2 4 a) N 0 G O O t O b o 1 N 0 o i W op U y 9 y-, O cd cd i 0 G C-+ 5 ad w N Ss, 43 by a `a o 0 4 4 P. s 0.) n c'3 O a) a) y v O E A 0 O cd cd cn cd 0 U Y fi O U W N O rte-. a) c O a 16Y 05 TS i cd a id (5 O '0 O v a) 4-- 1 cd O �n O 0 En U l U cd 0 w 0 CO G k T, a) a) T v cd td a) y U N G (o 0 cd cnn ti V y O P. Z ca ai 1 d3 W o v 7 o a Q An a.( o e a 0 P cn C O 0 U cd Crt 1 i Q W ad 1 0 W i O Z 4 0-.K 0 U G 1 O l 2 g V A i W vi cn N P. a� 40 ax tel P. W d Q i-.1 1 a 41 Wes 8 o r% cd a f .11 U W Q O a 0 4 do o 4 1Q 4 a) O O 0 1 O U 0 U D 0 vs 0 O U_ G O c cn a) T i Q 'O y E� U a) 4,-‘ 4-, O O 4 s r U ...0 vi 1 O� G O 0 W -O C O N 'O y 1 0 0-- 0 U r E- '0 O i T +J Y N cil 0 cd U s- U p. Y .n 4 i-, .0 v) O W O y y C...1 U v Y 1 N ty Q' O N -0 '4 0 0 0 L. r c� 'U ,9 o Z'+ U 1 bA r.) 0.G-. F 4- T:) oo 4� k E✓ y 3 O 1 c/a c ci o O al tan to -O o f p N y O o O o m ,ti 0 O U y N 0 c O O cd '0 0 U O O rA 0 a1 m a) O s. .74 cal "0 4 I'$... •0 T C4 O GA -0 (1.1 O cd G N Q 2, H O c 5 3 sr o E. 0 g 0 V) O -0 cd .fir O O, 0 E 4 A 0 .,r -0 0 J Li, Cd v O§ W 0 O r'', 4- g to O o y D n y U O 0! E 0 O) 0 a) 0 c,-, a n 0 ad T -0 0:.Y O al V O 4 4, O'H 0 b 0 1110 U N d 41 O N a) a) N 0 0 0 O 0 c6 cn b O a� a�i P a) i o p cd, 0 ce 4-. W cn o Pi Ell q:3 ti 0 Q F+ `a U7 cci 4-.. o o U X a) e` VI i 5 0 H :4- 3 V (7 c tt 0 Z. 1 p t j W a 0 P+ W W g z 0 i Q" d z tUgZ 1 a 1 0 0 1 i 0 1 v e, n o O .f:2 W 5 cn 0 s• G a oa s 1 O H a0 O P-, i v v F E-{ 1 1 1 1 I i i 1 i W I 0 I l V) ;U P4 N 0 I �n f, cn 1 I 0 O d N td V 0 Y O e 'd .5 -d 3 a 0 d N CA S a �n v ai v s 0 cd a) d on 0 U 1-+ *d U z i 0 P 51 W 5 0 O p 0 0 o A 3 an o 0 a m e n o 0 0 P O 3 N 3 cd O 'd c O 5 a U cd 'd n O *d O� T c •5G c`7 -Y O U u, 0 O O CI U U 4 ell) x.. 74 T cd C/) (S] cd Nl r, O 0 0 r t;A 0 dB id .1" O p a i -p v N d 1 4_, O O 0 s co z 0 p c 0 v, 'O 0 cd p 0 c' i c o cx1 0 '3 W Y o� o G4 r9 y N U O U a� cd O r O N -4-A d 1112 -N f4 O c d O 0 ti p 0 .Q O Z o G b C O A O cd T V] i (Z c (4 U aO 0 'O N O 0 O O d .0 U 1 y Cl- g 0 U U U 0 s+ N a> d N cd T .5. Y Y -t4- u CA c_ y aA `it i &I 1 cal cal d 1 z T z ad o U C7 nom a cd 1 as W- F+ o I 141 1 I� W X W Q !W c'd iu W 11 W i. a O I U z n ��l d E+W.‹ r .3, Z V xi r v r i tin L 1 a O 1x o CA .4- o °J a 0 0 4 PA O 0 0 a a- 1 3 Q 1 1 0 0 1 i v, a g co Q c::. Z h 1 Y C O 75 Vc3 -d y c'' 45 1 1 0> lam+ N 0 to ta CA *d 0 —O g bD p• O 0 d Y 4-, 0 0 1 0 R y Y N f J f p P- 0 Y 0 00 0 Q N v N 6 r.A Y O Q -0 O p 4+ 4 c0 cd En 0 v Y G Y 1 O cn O 'd R 0 ti) i. cd 0 'v 'b 0 4) 'O O r O p o E,.., '8", v C o 3 o 0 O 0 O 0 Y p u y U 0 to d) O O VD 0 cs"d 'd -o al 0 o a) cd S Y o cy 0 u�, o .d r i n w o rE -0 Q. v MI 0" r 0 0 Ti) 0 0 0 0 0 r T O cd Lt O o VI O 1... cG O 0 0> m CU i.. o T r--- a .fl pp o 0) z o 0 z Z t5 c °7 cd ti 4' P- Y e .,0 O i.. 0 O p d I O i 0 0 0 my cd 0 0 0 0 La o p �y a CO 0 0 0 0 d a) ,0_, Y .O N 0,_ 0 0 13 (4 Q 0 tn 0 0 on O c� f N y G 0 ,d o G v v �t s Oil *w' 03 a� "d Y cJ FA w 3 0 faa 0 v 0 3 0- 0 (n a t W o V N n U V N 4' d O 0 ft z. 1r f•+ O A 1 i W d bp g p< 0 V a> 0. c o s o 1E W cd r a) O aA c g. Sx. 2S O y 0 br O S 1 O t 7 T cn t v i q z 1 oA 0 a) r cis 3 ul VI y e to 1 p p t O O O .v y L am N N O O Q I 8 1 N r aj y O 9 Y N Zj Q" 1 Y v a> v, 0 cd 0 te r. l0 d w a o 7 p0 U N M O t---' to `W- o cd r• O N .v cd Q cd a) U G )--.1 al 9 0 j U 0 7,-,, 4' o w o 0 m 0,a 0 o 0 P. v 0 s. o -o ca -d e 0 E-"' P" r al 0 0 G Y' q 0 O 0 U 1 m -i o o o 1 lliS O 0 a 0 a7 a c"a G v v v r d Y E P 1 -o aA v 0 C. O O ;9 O Y j O V N I 0 P� C D H O y a0 v 00 I l i O 0 .Q I Q Iva N N N v E... 1 i g. 1 O rn s i i 1 W o X U 0 N 0 0 d tW ‘1' �3 cd W i U z ,a 'x 1 0 ca 4. W W d C F W W v rI J C) p 0 O gt Y O p o at G 1 1 X a r f o A a3 a o U Y I T o I t so-. to N A t..0 y 6 1 CP 0 b 1 C' v o N b 6 0 k 4Sl Y y E d 0 N o) 4-+ 1 ari O U1 G N O tn y 0 {n 0 N vi cc', VI v C 1 ccf) 3 A O 10 o) }t t O U a7 Y y N (f) 3 U w 7 0 o m 0 CA c O a) 0 b a) 0 7 may. d a (3) 1) r 1 y 1 W 0) N as 7 0 0 a d 0 N N E '0 4 0 U u m an vi o 0 3 W 0 o 0 0 w 4) Q I t U I x ,r .r S y a) o Q) O v U U r o o w H v b Pt c.11 i- 0 F x �U 4, W U W PA Y Q U cmg N CZ W za r A a o w A a; 7 6 6 6 t t t \--V) 47 1 o a a) t •o 5 cz 0 O 6 i1 ova 9 N ,W 0 J 1 V 1 Op p Y N N a C 1 4 o n v r 'v ai t ca o o r t o r 6 s) r n O �cd O a N 0 6 N .O P_, 3` o 5, o o o ;9 O a o 3 O 0 4 a o 4 O I A; 0 0 w Y y a 1-= 3 0 .r o o ca a� 1 0 as 0 O 4-.' J a) 0 d' 3 t cH O cla o r c. a O J, a) S) c3 0 0 Y e U Q. 0 o c a o m O a al O o r 0 O Q O 0 9 0 r o 1 a s s p u' oA a) 'O N cd N P. y U y O C n 1 ca a ri) a-•' ct v H v a 1 Rs G r cd N r G 4 N O 5 Z 3 9 5 w Q c 01 47 N y O 4-' a) U y,., Q -,z3 (4 1 1 O Q i a) a) O J 11 a Y '11 a) v P N P 0 4 O 4 4 VI o a o o 4) 1 3 Q U m o 0i *t} a) U O O cd O c e) G 'v' 0 G o p. m ca a) O j0 O v' C 4 1 1 ,5 a a) o o 0 0 Y Y VI 'd--. 2s o a Cn I 1 a) o N lr' E t..) 0 C I 4 1 Q 0 c i -4C u e 6 W W t 0 S w w Z l�w4i W a i a m oo sCj o Q U w Y d y u-, O .1 O „r. C -0 0 e n U O•� 1 1 0 p. `n cz 2 i r 1 O d r m v, U 1 0 {A 0 m O I VI 1 N j N U Q '...a. d. VI VD 0 rA, 5 0 4) 1 A VI) t d Q i. U •T T N 7.. el n �N O 3 a 1 ',..o 6 O 6 r 4N' 1, -0 U U G 6 0 1 ,q v vl 0 cd cd :i5 t) 0 0 N O t P I Q N .O O p a n J 0 t r Y i o 0 a g wr y H O Y O y Y Q n to o d CO CA VI 1 \73 0 M1 4 1 y d m U try to 1r cn yI O tii d n b V.l i M N dl U 0 ,U c,-+ o L/] O t Fl 0 'ti 'Y. 4 '0.5 y O O •S-2 i•-•( f =a e,.... 0 cri cn 0 U O N e UJ N Q 7 ta.) al i..-+ 0 rr, j____ 7 i t i 0 1 ;a' so 2- Q 1 u 4 7 m 1 r. (1) P C {L 1 1 s U )--k.., a) c., \0 --------7- a z'' z t�7 4 "c 10 g Q z p z o o z a o 1) 4-, .e I Z O 0 0 0 2 o U to E v' o b 0 o cc 3 fl CO "c of Q p N 0 U O p 0 0 V O o 4, �d o Ct 4' o z XI co E 0 o `7 g z u. CI, 5 v v o .T o o Q, a Z U at a) cd ,..0 N y O U g p a'�'a o .g v vi v ca by 0 0 o co g o by ti cd a) ,a .4 3 p 2 U a) ti.)) a) CJ S U U 1. s of k a. p C7 7,3 y .z CA co al O a) W o f 'o 6 o o g a a) Q co Z A` Q 0. g 00 0 4 g c a} cO o a I O l F, en I Q c• 'o 'o O a) �io v> o CA Cl] G-O as W I.. GO GO a) 0 a) 0 v Q U 0 v cD 0 g it 0 i C O a i CO AP 0 a z G 1 z �gZ so o Aa0.O a 00 a a, r a U U r7 N y o 4_, a) o °a° a Q 1 0 o A a i Ipi MI IMMENNEMENNEMENN 0 0 0 t N n� j N' W a p, .z mo -d a V C:1' Z. O Li i;:1 y p 0 o N 1 Y o 3 0 6 VI o Q Y -o <t o -0 O 0 otl e 5 .--8 y 0 -d T 7 A 44 Y o 0 0 a3 0 G 0 r o I \-ci v. 'rs o 0 o N 9, cd t -e,1 Q Y 0 a y o CO o o 0 1 7 d 0 o CO U1 by 0 A b A v N 44 E^' t r+ v c d p v O n a 6) \5 .0. Y Y W y `6 a) o V] 7 Y m z ay 7 d t o a>> I ca vu CO 9 0 0 Y r I P. -U p 0 0 y Y 1 z cd W W o 0 0 0 C...) i Z U 4t 1 W C W W O N GO Q 'z 0 1 J a 0 O a) Y S+ 1 0 o \C t C S' \*1 o 0 0 EA r •at Q }r A ‘.0 Z t_ 0 1 o o S� i O R i 1 1 cd a) a v I I o 3 o bn 1 p v l o '.d bn d 1 1 !W 1 O s ca O 4 1 y 0 O O 7., y a) 0 I I o ,0 c '9 0 d 13 o M loo c o H °1 0 o 1 a) -0 o a�i .4. 0 0 0 c d A 3 o c d 1 N e bn o V o o *d til N o 0 o y 0 0 0 a) tal w Y n 3 r n o e 1 0 cd' s 0-' 0 0 .4 O .0 6 ''3" O' c *O iv 'v- N 3 y a 4 N N r y GI t-. bA O; N p N O y N N cn �1• *ti Y Ch .Q Q U> Y cad O I+ U C cC sue—' Qi U p In a) N (i1 0 o p. 6 3 d C/1 m .d 1 ,70 O r 0 ri, 6 y, 'g O 6 6 0 0 d i s 0O 01 N 7 0) T O a) C3+ cd g r N c3 s O 0- cA .d 1:11) d O r O d N d 'S S d r ,r 0 cd O U e) `n' O t 9 cG l N cd 5 Y, O 1 a) 0 p <1 O G+ i 0\ a) 0 G .0 4-, ta ul ,1 0 0 O O Y c 3 0 l 0 O T *d' cd o0 1.1 `r' V 0 \.U%I o� 0 0 K N u n H m p. 4) t 1,- o ..p, t. .f.A 43 7 O 0 1 i o lip .l \d 1 0 o W i a I C W o o I 1 w r 0 I p 'p 1W I o i i 1 0 1 p o v I i i w� crso o a W o'er I' uj U ,1 0 N li 1 r d p l o r P t a 6 O O LP 0 cn t o 0 to 0 0 0 r 4 t 7 3 1 4 P 4 0 4 .6_ 'ts co o o P. o o O o r o y 3 1 Z PK V i t om 0 t o U o s- 1 3 1 o o -a o v 3 i 0 0 0 IA 07 o y 0 N o 0 .fl f u U i b I O t v y G O "d y O s 6 0 `n GD En 1 p O U O p y by i a 0 e) 1 4, a� 6.) U 7 0 Y.?.. O O 5 rfl y •d r E ran O o y. .,1 O d 0 0 o ca GA Y O Pk o -0 o� Q P 1 0 •d a> o O v ca SI 00 ,a O t..1 s-, o rn v 4, o H h v o 0 to G t a) "O "O a i i c ar' di r ad di) G cn cd o 1 4 -4 y o -o 40 `d N g n3 0 a 43 b y r' bn 0 0 0 O -0 t!') cn s-. a� O a7 e3 0 -v 'r Cr) e) 0 0 N 4 a, a� Y 1 e o a� bn t o 3 0 1 rn v o Y o Y i. y r O° G 0 v d as y O y 1 1 s0 an r T 0 o o 0 O It Y 'l 7 Vl 9 4 p '74 v T 0 p 0 C'^ :h 43 0 J Va o j, Q+ cn Q- 00 L 4-. OJ o al 3 0 ad o`' ant 0 ;Y i p 0 1r1i o 1 �i� I I ai cn I 6) ii Y 0 00 a 0 cn 0 I C o i 1 c1 Cil z P w 0- ,P. P. -w r z 1°" 0 t• H U o d X o 5 0 I c{ t1 3 o a9_, o H M co oo 0 o 1 Q i at i r j a o o 8 0 p.0 0 O C a� y i W O N L' O m .o 0 O v s o o O .0 cd O cd 5 O V) o I:4 Vi O 9 0 v U U CO j Z GTa tth 0 0 o •.5 G4 cn 0 o a d u N z3° 0 i 0 CA O o O V1 0 U Y Y 0 Y 0 i T o O 0 3 I. ,O N w 0 a> 0 5 V V .fl U 0) O U 47 tn V I 00 ct O O U Y u. ccl U N N U O 0 U O C/1 vi 0 3 O c o o 31 0 o p. w r r U Y .15, c,, O -O o d c/] 3 d C, t O 0 0 0 U to 0 b I ai Q U N p 3. ai 0 cA 3 i a 4 eR 5 Cr) t6 Y -V, o °0 0 L o aa6i 3 U o w CL W 0 b o o O o 0 l cn 4 i i Y Q 0I rW- 0 rn v a� r id o Y 3 0 x 2 W Y 0 4) 0 up 0 O U s. V Y z o L ct CA h n 1 W x I I I z 4 I H z 't C-, 4 L'-• an r- Z p4 a I f W d O a l VI 0 y V 1 U ,C)$-. O J W? Ian I a o I° to o H I co A o co t i 1 t 1 1 1 1 o t 1 I 0 c 1 ”0 .N o I 1 W E d r 0 r, 0. i b c s. C+ TA 1 rU 0 o o� Y V 3 0 s 1 0 v, o o 1 a> 0 c d 0 v 0 o N U i ,2 11 y .c' cd o o o u. ,lam o 0 1 If) vii V w (0 w y cd Y` y. Z. n�j Cd 4) N C o o i r o n 1 1 0 0 Cd v �p� Y J y O I, o O y R O W o card 0 j a y• 0 1 "o N 2 c, rn•+ Y s T fit V7 V: 41 f W+ 31. V1 Y 1 Cdl Cd r�,- as O d on rd V. v O 1 O Q 1 t 1 Q Q- 0 l G _O 1 03 U 1 �d A y l W o1 p v, o 0 o v i y y N o o r- 3 ;E o �1 r, A o i, u" c o I<C an ano Y�� t� O Q 1.-(1 ra Q '4'-a O Can E U o }O d fa. o r-• 0 3 o w f W i o i c� T a O cd o d a t au I l E 18 U V a 0 �tca o 1.^ Q Zt W W E- Q t (J.-. 1 t O O i g w 1 1 O g U t W W 1 d w� �rlr r w 1 a t P+ A 'Q" 1 Y 1� 0 Y n 1 1 a' o y., N 4 4) i t Q .12_, o o c 3 O 1 i� it- c s O a O 4 1� D C1 o 1 J r' A j O 1 7 1 1 Ul tt O ,t 'z. r a n W j t g. oa�i G P t 1 v 6 yio t U L+ p C U n 0 y v N ca 0 T 00000,1 Oa, 4 O* N r0 -d \\13.,.. N tan -0 '53 0 d afl 7 O G U v .0 0 5 t CA N (4-' o o n Cd o' i¢ W G m an •s v Y ti o G G p 0 o Q y ci c o Gn 1 Y Y y am+. 04 '4 Y Y 0-, N k Y 0 ON c U n 9 U T y cd Y 0 cG Y l'� cd H 0 0 0 d UO 0 0,,, r a7 4-s` N t Y O cd 1 ic) `1) v O O 6 r o 1- N c a m U 0 0 c -Q cd 7 w 0 .0 0 'Vl 5 1 4 v o Y O o N v 0 N a3 a y O aJ N O^ 0 `�1 cd a a 7 o U i o o f o a 0 'o N 0 0 P. 1 on 4 y t v.; t C tb 0 d o a o a ca N r o 0 0 t al o v o o 'm Y N ai r i :0 3 c` 7 r...) L7 n \cD 3 i-, o 1 \.4 c11 e o t� 0 VI:' ..,:r vim t \o-, 1 a 1 0 ag a \\\:-,(n 1 5 es 4i Q 43 c Y Ul V1 4-� C� ,41 f A v V 1 a N F y u at 474 UH 0 o Q O O a p a o A z 1 i r✓ 1 a) It G O a) O G 1 Y al O r .V G 0 "17 N cd d (n 1 m W v-- a�i a c G t Q u WA o I r tin o G o G 1 F ,d a7 tip G O t),0 p cd O til as O r✓ U a) O e l l G O r O y s. v i v s n g v v y 0 v: o p y o N O P G 1 e0 O al j 6 0 v cd N o) a> H y N O G cd G r U G 1 y c� U G X y td) t/1 a7 l•"' Y Y N CcS Cd Y '7 V Yt Y G CJ O ¢.x .a p G .n Y a.> •1 a7 s-+ ad p. 0 O r N O e O y tiff O t OD v V G C- N ,0 U y 1 t4- G p ql :P?-..' 6 U+ *O O Y 7 0 -c3 6 6 a 0 6 O 7. P U s= ea Vl 6 .p N r N O b.') 6 m to 1 a cs O ca) o o 0° r G y ai G o O 9 �0 o `d 3 o v, 0 9 P G 5 o 0 ca 0 3 U t' 0) 1 m O 0 y 5 p, o G G a.> u T O ril p ai a`dj U G G ti o p. do o 6 p y •d c O 1 r U y 5 a� U Y G 3 m CCS \'41, \7 u'i 0 a> r a a a o -O c r r i C° a O p a 1 O p ;a 0 P. la G� G U ,ri R d U a) 75 Icla ST3 6 J W i N 1C:4 p 0 LI) J T cd 'Z. O G 1 cd O Q H w 1 3 1 l� o i�- to S H 1 1 0. 1 N W Q t7 FN 18 Y pa G N "0 O 1 O 1 ..c.1 a> N o O 4 A W f G �l 0.° Q i! Y 1 C p' 1 Q a la 0 0 mo o° co cd o >1 o Y O. 1 o o 0 2 N W r r; 1 0 0 C 0 g c5• G N 0 sue cr. 0 O ?r, 'O O 'd 0 b r/) Z 'ti .9i Z 2 O n L. O o v� a U 0 j O 0 O 4: 0 U Vi a) ,1 0 a) N Q., 1. i"' .fl Y i ml E _E O 1) 0 o cci ,71 0 o 'O 0 )-4 co cG c U O a A 1-0 0 0 c�3 5 O O t 1) O 0 5 U co o a'i 0 0 o O 0 r. -0 00 0 U ',13 0 'O 'O al cd ti Y Y a) G U y Y y 4• y O ate• O O o 0 Y G i t o a) 0 O 3 0 Y O 'a' y 'rJ O a) cc U] U E YV 7, s-. c N L o 0 cl 0 Q 0 O co U U a' 3 O a O W 4� F.'" b O on al 03 0 0 4 0 cn g j o o is CO o r, 0 E o o U 0 o U O O Y a) O N 0) Y O y e W 0 co o o O m 0. Y a /G 0 T j Y 0 4) a' 'O FBI ,4 cC U U 4-+ 0 Y Y !Y Y O N r V1 CS W E a) X o O W M s"' O E1 0 N E U U o z o 0 W ct F o o ti W 0 o g W Z 0 A a. N U z O P W U L 4(IDg Z ��Uar` a z ax W Q F, M 1 a A p.S O W U U 0 N Y Y g "0 0 O 0 C 0 0 o 0 0 0 a 0 A. g 0 O 0 W 6 E. o 0 0 z I p_, c. 0. G., g O o o o A CO Z I ATTACHmENT B a i a> Y a) t a> 1 u l a> Z Y a a 0 0 v1 a 0 U o r t 0 o a> 0) bA 1•4° Q Q N ,!1 ui Cr) i Q ,O al 1.., al i 0 o 0 P v, a 0 o0A 0 0 'O 0 •a 'O V 4+ O 0 (j., N cd p cd a O a) 0 p bA V O ..c�c�� "O Ur z a cd c3 G GI) a� c7 i R 4.-, Q O N r c w GA o A N -O 1 0 r p c d T vi MS 0 cd O• b1) o a) to y y y v' P C6 z1 vi a> cn O o U U 3 r a j V 5 g 4 t Q 10 0 5 E W a7 •0, cd a U "go O O 0 3 y cd Q y 0) o Fri cC a> a m -4, O O P s.. a a `n v c n a> c 13 T U 'J ca a> f a> O o O oh y C7 4-: 2 72 n cl -6 4-' o c3 3.. a v' a) C 7 p *d o a) 0 o a> o o 0 cr o c on o o U 4, cd G t 1 1 o r 45 o r` C V to O 4 n ,_a j' N o w s o cd o 0A a> 1 n o us 'O O. -O N e 3 ca 3 a> a> Y G En a> l O i 0 V4 0 A o U I ca 6' 0 0 A C d .a 4 a a) Q. -O c: m N rn a uz u o X 0 r3 OD cd .0 y �a> v' r ca �a N U O 0 cd ca a> a> v' „c i o G 0 v c..1., 9 I z t U vi a? a] n cd N Q O f o fl a+ 'O o j p W CA 'O c p a OA v Ti o p cd cd I U O ca cd a> o v O bA O a O p, O i 0 o -o p 0 U N 'd N 'O a,'i I a> U 'o a> al 0 1 o N o Q+. ca O C O V U 0 0 1/,.1 a� 0 U 1 7` 90 a an o v) o 0 o w 0 U c° o Q 0 3 1 1 0 f to O o o a o., n o 0 a a v' a o r o a> o x. o O O o o a v; a Z. c 0 t. bA a C/1 G A 1 a> .a co I f-+ o i•.. '3 0 C+ a En OA 1-' T 0 *O 'O o.) O 03 0 0 to tr. P. u y a> ,.1 W 0 a to s ,1 0 .0 c -o c. m p a a> a> a cd -1 3 cd cd p o 3 O a> p p v> U O E.- d) O a> o .N -0 a> p X 7 p 0 c cd a 3 cs N;O co jv, 0 4% 0 O N cn g(oo z q,o c Q� 1 o ,T 1 3 Y 6 r I h. O 0 *O 1 y O C4 j 1' 1 cd 1 1 o mo o 0 a� Y R 1 co y O *CJ -D T> N 1 cci j °y t 1 v) o I t G ice .cy J o 0 w e� l -to p. n J✓ cd d t*^ N p .Q 1 J o r -_c o e� o \cet-'� 0 1 O N o U U C/3 U 0 1 1 Q' W' f Q o cd 1 c"s p I ca H I 33 ,t-f 4-. 1TO tri 0 1 VI d e 0 i 3 O 1"..... o N -a N r 0 y r. p 0 cam. �C'` 0 1 t t f Y o• m `d 5 o o S u 1. c vI a Y o a� 9 p v 1 I I 1 k ea '.e-) U W '4' 0 as 0 1_; o' Q F- i 1 aTi V 11 o 1 of 9 t 'd 1') �y ti+ 3 J U N C3 W 4 r' S te 03 1 ,J 4 cd o N t y 0 t y O bA 3 O 0 Ca o y c -0 (i2 g 1 N Y U 0 0 o O r T O v u O G N as o Y o° o a u ;3 0 )0 i p- a J p o j 0 0 0 o N 0 v N e' gyp r 1 s J 'r p y i O Y 0 .--0., o t t .is t.):Cd..p„t .5: t 4-'... ...t 44 0 O.) I I k o 7,1 J 1 N c s-. O cd 9, O Y d. G' c 1 w 0 �Y c�c3 v O °d 7 0 3 o 2 1-, 1, 'O I y J v 1 N 0 0 0 i \a, 1 O- 7 O 7, 5 1 0 0 r" 14 0 j 1 R \5) 0 os 1 P+ 0 o G o y y 1 m �a zn o y A O 3 i a V 0 r 1 S1 Cll N O v) 14 S +3 0 TO }O U tA 1 e7 U J y am P''' N V 2.rxl‘ �F 0 o J as o 1 �rA on a F. y O' N 1 u2 cn U *O Cd J y., 1 O QV' f Y zs p 8\ o P+ G O J o -d bU y 1 `c) 1p d'� o f o no 4, o o 1 o r Q 10 1 U 3 0$- o Q a; J o r o o y C/] J Cl N 'd J 'y 1 1 1 at J 1 a� W o o a C d 6 1\ o o .0 0 1 011 S4 1 Y 1 0, co r o z— 1.b O o t I w ray o� 0 0 1 7 v� i� Y C/2 54 7 u, g p t0 CI 3 0 th to 0 H at 1 g `4 a, Y o o G ca4 d a o O Z w cfl '0 2 o i t.0 p- E^ H '4"-. .4s 0 0 o p ed a a> 0 0 -0 c3 N On Y 0 cc; N -O d r/ O d 0 0•' 0 t 0 r H 0 4a p R 1 n o d '.4"` G o a o G p N a) o y o 0 N p 0 C 1 e L 4-- 0 5's O 0 N a 0 r 0 0 V o 0 p m an 0 0 R O p O 3 ..n p, e) 0 0 Ca o T 3 O 0 `s p v o 0 p n> 0 'al 0 r to a A g in ox o° pQ ate O,H Gt° o a ,..-4 '0 N y 1 N p v ccl r!2 70 0 N d bP 49 (C) 3 H Q at 0 '0 V o 3 0 c 0 a? -0 v)° c,") 3 0 0 a.) c,1 p 0 a i 0 0 C:q E 0 Y O a O T d c/1 0 O vi r Y an %d a6., t'` ,b O a) a. d 7:1 cd 0 3) a..) 74 0 '01 ,..4 5 8 ri., l":" f y p Q CO 00 .Q U 4-+ czt O o .0 T ti O ,ti, 3` 0 0 0 cd rn .�f o 5) °-0 0 3 0,v ;a o 0 01 r n Y 3 -0 0 cd W Y 1 a� S-+ a�� d di 4 a' a>> u, c 4 x 0 o r!, cn g V. o o 'o 0 3 0 4- Sz V] a' H A 9 VJ y O" O 74 d s VI r 7 T '0 O tC C`I e) T. i ce e cd O \0 O a> O Q 0 0 GA 0 a3 -0 3 s-, U ,n cd O Cr) v, o r3 0 Y `a 4--. O M N a' 0 y 3 o 8 '3 V1 p d p o U n 44 d m o +s C/3 VI o p° -cs d 0 0 U o c 0 r°n W 0 1 c, Q .a. r!] u1 v p t7 a PCI <1, 0 N ,0 p .0 ai 0 'd 0 0 H O 0 cn 3 3 O Z H `d c!p al o H -0 -d C� o w al 0 o m w a W Z H r,� 'al O 3 Srl 3 o fa o U W c0 o W a v, v °J o O o-0 0 o O p p o Q O H rAZ 0 o 0 c° a r' 0 0 t o° a 0 5 P-, X U to 4 Q y 0 N O y �y 0 N Q an x 3 o 0 1 b 0 o ,sp W .Y m 5:10 3 0 CO -0 Q -E, 0 0 a o dpi- o ,3 a W I-• vi y an Q yo Q r r, 0.1 vz A .o Q' o ff •'P-' d r Q J 91 Pk 1 �o p g:1 0. la' ..s t Y c 0 1, N b 1� Q Q q l v i 1p. r �o .c*-- o t C N 1 y O n c•la a, a, a s to N o, Q 3 ja a��', o a- d 0 d 1-- ti 0 d \til t O td f o p a� O -6 O G Y`` y,, 4.-- OS a, N Y Y O 6 O Cd 12,, k 0 0 1 4:) 4.) c 0 L S 5 e' •T; e 0 3 1 U CS o CZ a O o o Y o 'n .•.1 i.- CCS F, d 1 3 0 U t v i U U 0 V a7 y,, O', CD cd -v., O c cf c U vi 7 O y p a) 6 En 4 4, s- O tan tn 0 U r 0 I\ 3 d, c d fl Y F cd a� 0-, 1 p O v O fi p 0 T I O O a, P. ?d mr o nJ A a7 O V T B d o d [d Y f_^ -0 y 'j'i U 0 i \R° o- a, a, T 0 Y U o 0 co m d v y G 1 1 T--, RCS ai r P o p O v� d y o m t o n G N T U c3 O `J vi a7 1 ccd o y O vi O a7 O v d y O 6 vn T '1 K a 1 1 o E n p 1� U' 0 04 n T 4) H Q d) v ^d v 6 N t, a 6 e I O C..0 c a7 O cd 0- O 'd 0 N P y a, s-� r• cyd N d mt 0 1 1 u s 9 N o 1. tcs U N cd 0 0 y cd d CO 0 0 0 •E *d 7 P" y ,11 y s.. cd O 3 v O Q 7 T m a, 3 a, G c, aa) y cS o p ss p a, a, 1 *d a, en H o N O 0 7 N O U C 7 a) y bA rn s- cd Cr\ 4 i 1 t .s.- a) Viti yi C .V: 4:3 vil 1 't 1,:1 0 ri, cd H I ,9 cd rn 'd 1 6 e, t CO a> W cs a d O' r a, v u o r n pd O rA? 7 43 p •d' O o d k 0 oA t,D d 6 a, N `n -0 *d t V y A te a, p 1 G c 6 4. s S' K O s o c O U ti ^d 1 d w, 0 111 U ui V 0 N '3' r 1 v, y o t.:1 cd N H N 0 Y a, O 0 Y 7 \,...1 dt t 01 G 0 a d 9 N a) Y a> ,,-4 c a d 0 mo d Y G O Clj O 4 y 0 O N U d, N p 5; 0 0 W t H a° m o ca o A O 4 ,q cd 5'' O a7 0:5 ed 1 t y Vl y 1 1 t!] al °G� `c a� U v o cd vi- Q+ o i. vi 3 y cis 6 5 `G3 s-+ 0 N r Q O w 'BO U in Z 1 0 p td) d y P' `.d ti O v d O U O 0 CO 0 CO p t Y .a Q `n Y U O V- ;d 1 O r 0 t I) a N i ¢a cC yza w Th tuu N 0,4,1'\ 1. 1. 1 c l .3. ...4 a 12, Zi) C) VI 5. 4 VI 4-. a- N d O' r- p, p1Q f N t- ryyy 1 U 1.9 0 Y 1 W 0 0 1 Z I a 0 O i O 0 O U Y 4 0 0 1 N 04 o chi 0 0 y 0 a7 r.-ti u, 00 y 3 O 0 0 'd Y m N 0 y 0 •v 0 I' o' o 00 3 9,-0 to 4"' X c w x 0 0 4-'0 0 Y 0 0 7 .0 a) n s o 0 0 7 i d 0 O aA 0 o u cUa o Y o o I> Y 7 ca 0 7- 3 5 a> 3 0 v' 0 j f a> N O 0 w 0 'd 6 O N U P. 9 n 4,.., ,f) is o o CO O DA O O $8 0 1 o O a) to P. 1.. as 3 -5 3 o o T a� 1 Q 0. 0) o 0 CO o o t 't t� 01 3 a o -0 o ca a o 1 v �s o 0 o 3Q 0 0 0 ad ad o to 0 0 w o o a° to -0 m I-. 5 0 0 t a d V a? O 0 I N 0 .4 0 s I 3 t. 6 O 0.' T elf) U elf) .0 «i O Y N `n O 3 s-. O O cn T til a+ Y 0 O -0 O .d «f g *O 0 cd N o dd US w 0 d° O N En O 1 v U H rn (.-t 0 0 0 0`4 7 3 0 0". 0 3 0 v 1 O M U O y 1 N T 1r- cd d 0 1 Y *O O 0 O.. ^O A 07 4 6 U V. 1� T 8 O O y a7 GA 0., O N 5 bA 0 ai cd 5 O Y 0 47 O 4' a 0 N U u n 4" ^O al .4 CCS 0 0 Y v 3v m A to 6 0 W P. 4' 0 7 0 p ia cd 0 0 vS cd `d a� C td O N N 6) bA VI 'd N "Q C Z o T a N o Ci) er o 1 a o° e3 o a V 3 a Y o a Q T a"i 5 0 o f H U Y t I a? n 1 °J a a 0 3 i u ri E.,o I Sr. M .7 co 00 z aQ f 1 0 1 t O o 4 V V) O g 1 Z O o O 1- 1 I a N a -�s a O 8 1°'i+'io Gu cn� 1Z \Z1Z E" Q 1 I 'd r <.4.4 O ate) a) H ,0 b O O o 0 0 v' V, 0 n O O 0 `n P O cn co U O 0 ,0 CI) r0 7 ,2 r0 in y s g O to 0 0 r -0 oo 1 000 0 cn if. O o 3 -0 0 3 i cd O b0 0 0 Y O N 0 CO O in to 0 y. 0 OA O n co .'.4.1 0 r V CD O p 0 b�.Qp 1 O O I G;I cn u, a 0i O tA O cc; mod g 0 Y Cy: i•+ -I-- i 9, r o 1 fir, ad •:.0 O A CA V 0 0 uz g'1 0 o 3 0 as =d 2 O O a� 0 0 0 r 1 O 0 E r t~ Y O r to 0 V< vi 4 0 Y V 0 O ci. v) -0 o 5 p o a f Y° o p Q o 0 0 6 Z Z 0 in cd y Y r act ..9 0 U 0 Z j ly 0. 0 0 0 e O 0 0 GA '0 ...0 6 0+ 0 r d' eO ..o o g g ,Z 'r 3 O g o ad 3 Y 1 ,g cn O O ad 0 U T. CA y CC W z n 0, r o ^r 0 o o a 0 -0 'o ton C o' 'ard II I 3 CI'l p Y 0 I, 1-, v' 2 v, O 0 0 i S+ 0 '0 '0 Q a 3 V as a) i 0 1. p., g.- d', d i W. s3.1 0 0 0 0 0 $1. Z 1 3 1' a N N I,o z wgsti C of Tukw N Transportation Committee rsoa� sss, TRANSPORTATION COMMITTEE Meeting Minutes June 10, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Pam Linder, Chair; Dennis Robertson and De' Sean Quinn Staff: Jim Morrow, Frank Iriarte, Robin Tischmak, Bob Giberson, Gail Labanara, Moira Bradshaw, and Kimberly Matej CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Boeine Access Road Bridge Grant Application Staff is requesting approval from the Transportation Committee to submit a grant application to the Federal Highway Bridge Program for partial funding to replace the Boeing Access Road Bridge. There is a required 20% local match for funded projects. The grant application is due June 30. This is the first time in approximately three years that new grant funding has been available for bridges through this program. Submitting an application will allow the City to gauge our competitive rank status as well as identify our need for bridge replacement with the Federal Highway Bridge Program. Committee members expressed concern regarding the budget constraints of identifying local match funds which are approximated at $4 million if the grant is successful. As a result of a detailed discussion, the Committee determined that this request should be forwarded to full Council for discussion. Committee members believe that the number of considerations for this project as well as the respective policy level decisions that may need to be made make this a most prudent discussion and decisions for the Council. Additionally, the Committee has requested detailed information regarding the bridge replacement project being discussed, including but not limited to: identified problem statement, historical bridge information, critical rank for bridge use and repair, regional importance, funding options and priority among other City projects. This information is crucial in order for full Council to discuss this request and reach a decision. Committee would also like to see a memo from Interim Finance Director, Bob Noland, stating his financial opinion on this matter. In closing, Committee Chair Linder stated that she would like to meet with Jim Morrow next week to review the information being forwarded to full Council. FORWARD TO JUNE 23 COW FOR DISCUSSION. B. Review of Draft Walk Roll Plan (continued from Mav 28 Transvortation Committee) Staff and Committee members continued conducting a broad review of the draft Walk Roll Plan from the May 28 Transportation Committee meeting. In addition to making some smaller scale suggestions, the Committee recommends the following significant modifications: 1. Addition of a seventh Recommended Action (see pages 8 -9 of the draft document) creating a dedicated CIP fund for the Walk Roll Plan. 2. Research alternative presentation options for maps included in that Plan that will be easier to view and interpret. Transportation Committee Minutes June 10. 2008 Paae 2 3. Revise Plan to reference all school districts that serve City residents, including schools that are not within the physical Tukwila city limits. Several schools located outside of the City services local residents (i.e.: South 164 McMicken Heights, 42' all the way through, Ryan Hill area). 4. Require pedestrian connections between adjacent properties and along commercial building fronts for increased walkability within the Tukwila Urban Center. The Council will be able to compare the entire original draft document to all recommended changes prior to approving the Plan for adoption. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW FOR DISCUSSION. M. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Meeting adjourned at 6:53 p.m. Next meeting: Tuesday, June 24, 2008 5:00 p.m. Conference Room 1 S Z— Committee Chair Approval Minutes by KAM. Reviewed by GL MB. ,ortation Committee Minutes May 28. 2008 Paae 2 Staff also reported that the condemnation notification process has changed, and several new requirements have been placed on the party seeking acquisition (which in this instance is the City). In response to a general inquiry from the Committee, staff reported that this project was delayed for a time due to design issues and discussions with property owners. UNANIMOUS APPROVAL. FORWARD TO JUNE 9 COW FOR DISCUSSION. C. Annual Concurrencv Model Update Contract with Fehr Peers/Mirai for Model "(Iodate Staff is seeking full Council approval to enter into a consultant agreement with Fehr Peeers/Mirai in the amount of $32,453 for transportation modeling services. This consultant agreement will conduct transportation analysis and update the City's Transportation Model and ensure that the City is meeting the needs of the Concurrency Management Program. Current development throughout the City requires that model be updated annually to reflect the needs of the City. As a side note, staff reported that effective June 1, 2008, Mirai will merge with Fehr Peers. Mirai has provided some of the City's past modeling services (2002, 2006 and 2007). UNANIMOUS APPROVAL. FORWARD TO JUNE 9 COW FOR DISCUSSION. D. Annual Concurrencv Model Update Contract with Traffic Data Gatherinff for Traffic Counts As an information only item which ties into the previous agenda item, staff reported that the City is entering into an agreement with Traffic Data Gathering. This agreement will provide services related to traffic counts. Staff has eliminated and added count locations (i.e.: do to congestion, etc.) which need to be updated as well as intersection, turning and 24 -hour volume counts. Any substantial/notable changes in traffic counts will return to the Committee for presentation at a later time. INFORMATION ONLY. E. Interurban Avenue South Pavement Renair Contract Acceptance and Closeout Staff is seeking full Council approval for project completion, contract acceptance and authorization to release retainage for the Interurban Avenue South Pavement Repair which was completed on March 25, 2008. The fmal cost of the project was $30,655.94, which includes a $2,081.94 overrun as a result of an increase in the amount of asphalt concrete pavement needed to cortiplete the project. This project bid award originally came to Committee on January 15, 2008. UNANIMOUS APPROVAL. FORWARD TO JUNE 2 CONSENT AGENDA. F. Review of Draft Walk Roll Plan Staff provided a general overview of the draft Walk and Roll Plan which was distributed to Council draft Plan is currently available on the City's atel three weeks ago. The ra y tY 's website, and staff has x_ approximately g PP Y been gathering suggestions from the public as well as the City's Planning Commission. A brief history of the Plan's formulation was given, including infoiniation about the grant through Washington State Department of Community, Trade and Economic Development which was awarded to the City in 2006 to develop a City -wide non motorized plan exclusive to pedestrian and bicycle traffic. Once adopted, this will be a functional plan which will be utilized as a guide to assist in project prioritization as well as grant applications. The intent of the Plan is to build on what is currently in the City's Comprehensive Land Use Plan regarding the building and establishment of the connectivity of pedestrian and bicycle routes. This connectivity can be implemented in three ways: Through private construction Through public projects Through public /private partnerships Committee members reviewed a portion of the Plan and offered the following suggestions for incorporation: Address needs of shoppers and encourage walkability between stores Look at school bus policies in relation to connectivity /walkability r ,ortation Committee Minutes Mav 28. 2008 Pape 3 Identify, provide and list potential Council actions items that can be done to assist with and support the Plan e Consider future projects within the Plan to be managed in a way similar to the City's Small Drainage Program The Committee was unable to complete review of the Plan and has requested staff return on June 10 to continue review. RETURN TO JUNE 10 TRANSPORTATION COMLYIITTEE FOR FURTHER DISCUSSION. III. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Meeting adjourned at 6:47 p.m. Next meeting: Tuesday, June 10, 2008 5:00 p.m. Conference Room 1 �S Z— Committee Chair Approval Minutes by KAM. Reviewed by GL. Community Affairs Parks Committee Minutes June 9 2008 Page 2 C. 2008 Comprehensive Plan Amendments Staff summarized and provided a brief overview of the Comprehensive Plan Amendments annual review process. One application has been submitted for the City's consideration. The application is seeking to redesignate a portion of land from single family residential (LDR) to medium density residential (MDR) near 152XX 65 Avenue South. Staff is seeking full Council deteiuiination of whether or not to forward the proposed amendment to the Planning Commission for further consideration. The Committee requested staff make some corrections in the analysis section of the informational memo clarifying the accuracy of residential density designation of surrounding properties. UNANIMOUS APPROVAL. FORWARD TO JULY 14 DISCUSSION. D. Draft Walk and Roll Plan This item was brought forth to the Community Affairs Parks Committee as information only; the Transportation Committee will serve as the recommending committee for full Council action. Staff provided an overview of the draft Walk and Roll Plan which was previously distributed to Council. The following six recommend actions were highlighted as tools for building a connected non motorized transportation network in Tukwila: 1. Adopt Bicycle and Pedestrian Infrastructure Designs Upgrade /update design standards for bicycle and pedestrian facilities. 2. Designate and Adopt Bicycle Friendly Routes Update the City's Non- Motorized Transportation Plan. 3. Continue Construction of Neighborhood Links Prioritize unimproved rights -of -way. 4. More than the Minimum for Pedestrian Safety Include extra details for improving walkability designs. 5. Railbanking Use of abandoned railroad spurs for trails. 6. Biking and Walking Programs Provide education, promotion and participation in such programs. The draft Plan is currently available on the City's website, and staff has been gathering suggestions from the public as well as the City's Planning Commission. Additional review of the Plan will take place at the Transportation Committee meeting scheduled for June 10, 2008. INFORMATION ONLY. M. MISCELLANEOUS Meeting adjourned at 6:30 p.m. Next meeting: Monday, June 23, 2008 5:00 p.m. Conference Room #3 Committee Chair Approval M nut�K Co UNCIL AGENDA SYNOPSIS ky Initials hEM lN iOP 10 Meeting Date Prepared b Illayor's review I Council review "S N =r I 7/14/08 P 7/21/08 I P 1 ITEM INFORMATION CAS NUMBER: 08-087 I ORIGINAL AGENDA DATE: J ULY 14, 2008 AGENDA IILM TITLE Sale and Distribution of Reclaimed Water Commodity Wholesale Agreement with King County CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 7/14/08 Mtg Date 7/21/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PdtR Police PW SPONSOR'S Tukwila is one of the only Puget Sound agencies that remain on the leading edge of SUMMARY implementing projects to help promote reclaimed water and ways to use it. This agreement between King County DNR and the City is for the sale and distrubition of reclaimed water for sanctioned uses within the City. The agreement includes a rate structure for potable water at 80% of the Seattle Public Utilities new contract base for wholesale potable supplies. REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA1'B: 02/19/08, 04/07/08 06/02/08 RECOMMENDATIONS: SPONSOR /ADMIT. Authorize Mayor to sign Agreement with King County. COMMIrrEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE I hD APPROPRIATION REQUIRED N/A N/A Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 07/14/08 07/21/08 MTG. DATE I ATTACHMENTS 07/14/08 1 Information Memo dated April 3, 2008 Information Memo dated May 28, 2008 Agreement with King County with Exhibits A (map) and B (rates) Utilities Committee Meeting Minutes from 2/19/08, 4/7/08 and 6/2/08 07/21/08 INFORMATION MEMO To: Mayor Haggerton From: Public Works Director Tf) Date: April 3, 2008 VV Subject: Sale and Distribution of Reclaimed Water Commodity Wholesale Agreement ISSUE Approve reclaimed water supply agreement with King County for the sale and distribution of reclaimed water for sanctioned uses within the City of Tukwila. BACKGROUND King County has drafted the attached agreement for sale and distribution of reclaimed water for the city's consideration and approval. The South Reclamation Plant (at Renton), produces effluent that is further treated to produce Class A reclaimed water. A reclaimed water supply main starting at the treatment plant goes behind Fort Dent to Interurban Avenue and ends at the southerly portion of Foster Golf Links. The city currently uses reclaimed water at Fort Dent for irrigation, streetscape watering near Riverside Casino, and at a purple hydrant near the George Long facility. King County DNR and the City of Tukwila have worked out an appropriate rate structure based on the new contracts for potable water. The cost to the City of Tukwila for reclaimed water is 80 of the Seattle Public Utilities new contract base for wholesale potable supplies (see Attachment B). Tukwila is one of the only Puget Sound agencies that remain on the leading edge of implementing projects to help promote reclaimed water and ways to use it. Reclaimed water is now a key part of Tukwila's Water Comprehensive System Plan to help meet supply and conservation goals required as part of the new Municipal Water Law recently put into effect last year by the Washington State Department of Health. Tukwila recently passed an ordinance to adopt conservation measures that include reclaimed water prior to the end of 2007. RECOMVIENDATION Authorize the Mayor to sign a wholesale agreement with King County for the sale and distribution of reclaimed water. Attachments: Sale and Distribution Agreement Attachment B P: \PROJECTS\A- WT Projects \92WTO6 Foster Go f Redaimed Water\Inf Merno Redaimed Water Sale_Distribution Agreement 4-3- 08.doc INFORMATION MEMO To: Mayor Haggerton From: Public Works Director Date: May 28, 2008 Subject: Sale and Distribution of Reclaimed Water Commodity Wholesale Agreement ISSUE Approve reclaimed water supply agreement with King County for the sale and distribution of reclaimed water. BACKGROUND The Reclaimed Water Supply Agreement was before the Utilities Committee on April 7, 2008 and has been brought back with updated exhibits. Tukwila is on the leading edge of water reuse in King County. The Cascade Water Alliance endorses and encourages Tukwila to utilize supplemental sources that will lessen the need to develop new sources and at the same time keep Cascade within the allotted Seattle Public Utilities (SPU) block of water. If Cascade stays within its allotted amount of water then it does not incur penalties. King County DNR and the City of Tukwila have worked out an appropriate rate structure based on the new contracts for potable water. Tukwila's cost for reclaimed water is 80 of SPU's new contract base price for wholesale potable water. Reclaimed water is now a key part of Tukwila's Water Comprehensive System Plan to help meet supply and conservation goals required as part of the new Municipal Water Law put into effect last year by the Washington State Department of Health. The City of Tukwila has crafted the usage agreement in such a way as to avoid jeopardizing our existing water rights on the Duwamish River. Reclaimed water may only be used for irrigation; commercial uses street sweeping; dust control; and industrial uses. RECOMI\'IENDATION Authorize Mayor to sign wholesale agreement with King County for sale and distribution of reclaimed water. Attachments: Agreement for the Sale and Distribution of Reclaimed Water P:Vim \Tnfo 052808 Reclaimed Supply Agreement.doc AGREEMENT FOR THE SALE AND DISTRIBUTION OF RECLAIMED WATER BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES PARKS AND THE CITY OF TUKWILA THIS AGREEMENT is entered into this day of between KING COUNTY through the DEPARTMENT OF NATURAL RESOURCES "King County" or "County") and THE CITY OF TUKWILA (hereinafter referred to as "City" or "Tukwila together referred to as the "parties." 1. RECITALS WHEREAS: 1.1 King County operates the South Reclamation Plant (the "Plant a municipal sewage treatment facility performing the function of metropolitan water pollution abatement as authorized under RCW 35.58.050(1); and 1.2 The Plant produces effluent, a by- product of secondary treatment of sewage and water pollution abatement, which may be treated further to produce reclaimed water, as that term is defined in the Reclaimed Water Act, RCW 90.46.010(4); and 1.3 The Washington State legislature under RCW 90.46.005 encourages the use of reclaimed water to replace potable water in nonpotable applications, to supplement existing surface and ground water supplies, and to assist in meeting the future water requirements of the state; and 1.4 King County has a reclaimed water permit issued by the State of Washington pursuant to RCW 90.46.030 and RCW 90.46.040, which authorized it to produce Class A reclaimed water for land application and commercial and industrial use within its service area. 1.5 King County has developed a reclaimed water facility at its South Reclamation Plant, where it produces Class A reclaimed water. 1.6 The City of Tukwila is an optional municipal code city operating under Title 35A RCW in the State of Washington, authorized under RCW 35.58.050(2) to provide supply water; and 1.7 King County will supply reclaimed water to Tukwila for use within the City. Reclaimed Water Distribution Agreement Page 1 1.8 The City will effectuate the purposes of the Reclaimed Water Act, Ch. 90.46 RCW, implement the Water Reclamation and Reuse Standards (September 1997) developed by the Washington State Departments of Health and Ecology pursuant to the Reclaimed Water Act "Standards 1.9 The City will also provide continuing valuable information to King County about the feasibility, technology, and operation of reclamation facilities. 1.10 King County and Tukwila have determined that it is in the public interest to enter into an agreement to promote and implement the safe use of reclaimed water to conserve the potable water supply; and 1.11 The City and King County shall at all times meet Washington State Health and Ecology Water Reclamation standards. 2. SUPPLY AGREEMENT NOW, THEREFORE, in consideration of the recitals and the mutual promises and covenants contained herein, KING COUNTY DEPARTMENT OF NATURAL RESOURCES agrees to supply and the CITY OF TUKWILA agrees to purchase reclaimed water on the following terms and conditions: 3. DEFINITIONS 3.1 Class A Reclaimed Water: means reclaimed water that; at a minimum, is at all times an oxidized, coagulated, filtered, disinfected wastewater and meets State Class A standards as defined in the State Reclamation and Reuse Standards. At the date of this Agreement, the standards are: the wastewater shall be considered adequately disinfected if the median number of total coliform organisms in the wastewater after disinfection does not exceed 2.2 per 100 milliliters as determined from the bacteriological results of the last seven days for which analyses have been completed, and the number of total coliform organisms does not exceed 23 per 100 milliliters in any sample. 3.2 End Use Customer: means the provider's customer, the person responsible for putting reclaimed water to beneficial use pursuant to the sale provisions of Section 8 of this Agreement. 3.3 Provider: means the City of Tukwila, the purveyor of reclaimed water distributed by King County to End Use Customers. 3.4 Reclaimed Water: means water derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a beneficial use or a controlled use that would not otherwise occur, and it is no longer considered wastewater. For the purpose of this Agreement, reclaimed water shall be further defined as Class A reclaimed water. Reclaimed Water Distribution Agreement Page 2 3.5 Reclaimer: means King County, the reclaimer of wastewater and the wholesale distributor of Class A reclaimed water. 3.6 Reclamation Criteria: means the criteria set forth in the water reclamation and reuse interim standards and subsequent revisions adopted by the Department of Ecology and the Department of Health, as defined in RCW 90.46.010(12), currently set out in the Water Reclamation and Reuse Standards, Publication #97 -23 (September 1997). 3.7 Reclamation Water Meter Permit: means Tukwila's water meter permit which specifically authorizes service connections and establishes the conditions of using the reclaimed water by End Use Customers. 3.8 Reuse: means the use of reclaimed water, in compliance with Washington State Departments of Health and Ecology regulations and standards, for a direct beneficial use. 3.9 Service and Use Area Contract (end use customer agreement): shall mean the contract required by King County's Reclaimed Water Permit No. ST -7445. The Contract shall ensure that construction, operation, maintenance, use area responsibilities and monitoring meet all requirements of the Departments of Health and Ecology, This Service and Use Area Contract must be consistent with the requirements of the Water Reclamation and Reuse Standards, 1997 or subsequent standards adopted by the State. 4. SUPPLY AND SALE OF RECLAIMED WATER 4.1 Quality of Reclaimed Water. King County agrees to deliver to Tukwila reclaimed water as defined by Washington State reclamation criteria. King County makes no other representation concerning the quality of the reclaimed water and makes no express or implied warrantees whatsoever, but will provide periodic water monitoring data to end users for the purpose of determining compliance with these standards. n will deliver reclaimed water for use b 4.2 Quantity of Reclaimed Water. King County by the Provider and End User Customers in the sanctioned Use Area as shown in Exhibit A. The quantity of water to be delivered may be analyzed and amended to accommodate sales of reclaimed water by the Provider pursuant to a valid reclaimed water agreement entered into pursuant to Section 8 of this Agreement. 4.3 Service Pressure. King County shall provide reclaimed water through its supply system at 60 PSI to 110 PSI. 4.4 Delivery of Reclaimed Water. King County shall deliver reclaimed water to Tukwila through its conveyance line from the South Reclamation plant. Tukwila shall install and maintain water meters on the outlet side of King County's conveyance system, to Reclaimed Water Distribution Agreement Page 3 provide accurate measurement of the quantity of reclaimed water supplied for Provider's municipal use and to End Use Customers. 5. BENEFICIAL USE OF RECLAIMED WATER Tukwila may use the reclaimed water supplied by King County for direct beneficial purposes authorized under Washington State's reclamation criteria for Class A reclaimed water, as follows: 5.1 Permitted Municipal Uses: All uses consistent with Washington State's Reclamation and Reuse Standards and regulations (RCW 90.46) for Class A reclaimed water and subsequent revisions adopted by the Department of Ecology and the Department of Health, including, but not limited to, irrigation, commercial (street sweeping, dust control) and industrial uses. 5.2 Use Area. Within the City of Tukwila's legal boundary. 5.3 Use Criteria. Tukwila recognizes that King County is charged with the responsibility to operate its wastewater treatment systems in such a manner to meet its permit requirements. As such, the parties understand and agree that, with no liability to King County, there may be temporary interruptions in service due to emergencies requiring curtailment of plant operations for repairs, as a result of regulatory or judicial orders, and due to other circumstances beyond its control. 5.4 Restrictions on Use. 5.4.1 King County agrees to supply reclaimed water to Tukwila contingent on Tukwila's use of that water in full and continuous compliance with Washington State's reclamation criteria and with the conditions in King County's Reclaimed Water Permit No. ST -7445. 5.4.2 Reclaimed water supplied pursuant to this Agreement shall not be used for human consumption. 5.4.3 The City of Tukwila and the End Use Customers shall allow an authorized representative of King County or of the Washington State Departments of Health or Ecology, upon the presentation of credentials: 5.4.3.1 To enter upon the premises where reclaimed water is distributed or used under this contract; 5.4.3.2 To inspect at reasonable times any facilities, equipment, meters, records, or premises involved in the distribution and use of the reclaimed water under this contract, and to take samples of the water or premises, and make copies of records. Reclaimed Water Distribution Agreement Page 4 6. PRICE. Timely payment by Provider is a substantial and material term of this agreement, 7. RESALE TO END USE CUSTOMER. Tukwila, as the Provider, may resell the reclaimed water purchased from King County to any of its End Use Customers within its domestic water service area for those purposes approved by the Washington State Dep.' ltnents of Health and Ecology. Such sale shall be allowed only pursuant to a binding Service and Use Area Contract (end use customer agreement), as required by King County's Reclaimed Water Permit No. ST -7445, and Tukwila's reclamation water meter permit. The Contract shall ensure that construction, operation, maintenance, use area responsibilities and monitoring meet all requirements of the Depai tments of Health and Ecology. This Service and Use Area Contract must be consistent with the requirements of the Water Reclamation and Reuse Standards, 1997 or subsequent standards adopted by the State. Such Service and Use Area Contract shall be subject to the terms of this agreement and shall at a minimum include the following terms and conditions: 7.1 Authority. Each individual Service and Use Area Contract shall provide the County and Tukwila with the authority to regulate distribution, enter and inspect the site and terminate service of reclaimed water to any customer violating the Washington State Water Reclamation and Reuse Standards or subsequent regulations. 7.2 Permitted Beneficial Uses. The lawful beneficial use to which the reclaimed water shall be put shall be specified. 7.3 Use Area. The use area shall be identified in Exhibit A. 7.4 Restrictions on Use. 7.4.1 King County's Agreement to supply reclaimed water to Tukwila for use by End Use Customer is contingent on the customer's use of that water in full and continuous compliance with Washington State's Reclaimed Water Standards and regulations and with the terms and conditions of King County's Reclaimed Water Permit No. ST -7445 that are applicable to End Use Customers, including but not limited to Condition R7H. 7.4.2 Reclaimed water supplied to End Use Customers pursuant to this Agreement shall not be used for human consumption. 7.4.3 The End Use Customer shall allow an authorized representative of Tukwila, King County or of the Washington State Departments of Health or Ecology, upon the presentation of credentials: 7.4.4 To enter upon the premises where reclaimed water is distributed or used under this contract; Reclaimed Water Distribution Agreement Page 5 7.4.5 To inspect at reasonable times any facilities, equipment, meters, records, or premises involved in the distribution and use of the reclaimed water under this contract, and to take samples of the water or premises, and make copies of records. 8. RESPONSIBILITY FOR PRODUCTION, DISTRIBUTION AND USE OF RECLAIMED WATER. Consistent with Washington State requirements, the parties shall have the following responsibilities for the reclaimed water produced, distributed and used pursuant to this Agreement: 8.1 Production: King County shall maintain control over, and be responsible for, all facilities and activities inherent to the production of reclaimed water to ensure that the reclamation plant operates as approved by the Washington State Departments of Health and Ecology. 8.2 Distribution: King County shall maintain control over, and be responsible for, all facilities and activities inherent in the distribution of the reclaimed water to the Provider. The Provider shall ensure that the distribution system operates as approved by the Washington State Departments of Health and Ecology. The Provider shall own, operate, maintain and be responsible for the reclaimed water in the service system beyond the meter. However, the Provider shall also own, operate, maintain and be responsible for the small reclaimed water line (6 -inch, 4 -inch, and 3 -inch pipe) connected to King County's 16 -inch reclaimed water transmission line and discharging to the Foster Golf Links pond even though the meter is located just prior to the pond discharge. 8.3 Use: The parties agree that any End Use Customer of reclaimed water produced by King County shall maintain control over, and be responsible for, all facilities and activities inherent to such End Use Customer's own use of the reclaimed water supplied by King County or City of Tukwila. Where the reclaimed water is put to use by an End Use Customer of Tukwila, in an area not under the direct control of King County or Tukwila, that customer shall, pursuant to a Service and Use Area Contract, maintain control over, and be responsible for, all facilities and activities inherent in the use of the reclaimed water. The Provider further agrees to require the End Use Customer to ensure that its facilities and activities operate as approved by the Washington State Departments of Health and Ecology and that the End Use Customer use reclaimed water supplied and distributed under this Agreement only pursuant to a Service and Use Area Contract. 8.4 Use area: King County shall not be responsible for the reclaimed water use area, unless such reclaimed water use area is under the County's direct control. Reclaimed Water Distribution Agreement Page 6 9. INDEMNIFICATION To the maximum extent permitted by applicable law, each party shall protect, indemnify, defend and hold harmless the other party, respectively, its employees, agents, contractors, subcontractors, officers, directors, attorneys, successors and assigns, while acting within the scope of their employment as such, from and against any and all liabilities, damages, penalties, claims, demands, judgments, losses, harm, costs, expenses, suits or actions, including but not limited to employees, contractors, subcontractors, officers, directors, attorneys, successors or assigns, arising out of or in connection with this Agreement caused by or resulting from each party's own negligent acts or omissions. Each party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. In the event of litigation between parties to enforce the rights under this paragraph, reasonable attorney fees shall be allowed to the prevailing party. 10. COST AND REVENUE ALLOCATION 10.1 Tukwila shall make payments to King County pursuant to the schedules contained in Exhibit B, incorporated herein by reference. 10.2 King County shall bill Tukwila on a monthly basis for the reclaimed water at the rate agreed upon. Tukwila shall meter reclaimed water use through its reclaimed water meter(s). The initial wholesale commodity water rate shall be pursuant to the schedule in Exhibit B. Tukwila shall make payment within thirty (30) days of the date of the bill. 10.3 Tukwila shall bill End Use Customers on a monthly basis for the reclaimed water at a rate established by The City. 11. INTERRUPTION OF DELIVERY/UTILIZATION OF SERVICE 11.1 If the performance by either party is prevented or delayed by any of the following, such party shall have a reasonable period of time after each such event to begin performance under this Agreement: 11.1.1 Acts of God, fire, storms, earthquake or similar cataclysmic occurrence; 11.1.2 Orders by regulatory bodies or courts; or 11.1.3 Unanticipated treatment upsets and equipment malfunctions beyond the reasonable control of King County. Reclaimed Water Distribution Agreement Page 7 11.1.4 Scheduled maintenance or construction event. 11.2 In the event King County cannot deliver reclaimed water as specified under this Agreement in 11.1.1, 11.1.2 and 11.1.3, King County will notify Tukwila, the Provider and the End Use Customers at least forty-eight (48) hours in advance. Where advance notice is not possible, King County will notify Tukwila and the end use customers as soon as possible after the event renders the King County reclamation plant inoperative. 11.3 In the event King County cannot deliver reclaimed water as specified under this Agreement in 11.1.4, King County will notify Tukwila, the Provider and the End Use Customers at least thirty (30) days in advance. 11.4 In the event King County cannot deliver reclaimed water as specified under this Agreement to Fort Dent Park softball outfields, King County shall provide city water as a back -up water source within forty-eight (48) hours of the discontinuation of reclaimed water supply as specified under 11.1 of this agreement. In the event King County cannot deliver reclaimed water as specified under this Agreement in 11.1.1, 11.1.2, and 11.1.3 for more than ninety (90) days, King County shall no longer provide a back -up water source for Fort Dent Park softball outfields. 11.5 In the event King County cannot deliver reclaimed water as specified under this Agreement to Foster Golf Links, the Tukwila fire hydrant, and/or the Tukwila median strip irrigation, King County shall not provide a back -up water source. 11.6 For all future end use customers of Tukwila, the arrangement for a back -up water source in the event King County cannot deliver reclaimed water, shall be negotiated between King County, Tukwila, and the end use customer on an individual basis and shall be described in the Service and Use Area Agreement (end use customer agreement). 12. DISPUTES 12.1 Each party shall negotiate in good faith and use its best efforts to resolve any dispute which may develop hereunder. If a dispute cannot be resolved by the project representatives of each party it shall be referred for further negotiation to the King County Department of Natural Resources and Parks Director, the Tukwila Public Works Director and the End Use Customer. Only upon failure to resolve the dispute through such negotiations may either party institute legal action. Venue for any such legal action shall be in King County, Washington. 13. CHANGED CONDITIONS 13.1 The parties agree to renegotiate this Agreement in good faith if: Reclaimed Water Distribution Agreement Page 8 13.1.1 If changes occur which substantially and adversely affect either party's ability to perform the terms of this Agreement, such as but not limited to the inability to obtain required agency approvals or required permits, or a material increase in reclaimed water production costs; 13.1.2 During operation of the plant, any governmental agency having jurisdiction over the project changes operating or discharge requirements governing the project, and such changes result in the need for additional facilities or otherwise substantially affect either party's costs or performance under this Agreement. 13.2 If, in renegotiating their Agreement pursuant to Section 13.1 hereof, the parties cannot agree on new terms, then on either party's request, the disputed terms shall be addressed under the dispute resolution procedure provided in Section 12 herein. If neither party so requests, or if such procedure still does not result in agreement between the parties, then either party may terminate this Agreement as provided in Section 16 below. 14. SHARING OF INFORMATION The parties agree, to the fullest extent permitted by law, to exchange information about all aspects of the reclamation program including but not limited to operations, maintenance, customer comments, metering data, water quality analyses, and regulatory compliance. 15. TERM OF AGREEMENT The term of this Agreement shall commence on the date of execution by the parties and continue, subject to the terms and conditions hereof, for a term of 10 years thereafter, unless this Agreement is terminated earlier as provided herein. 16. TERMINATION 16.1 The parties herein may terminate this Agreement as follows: 16.1.1 On sixty (60) days advance written notice, for changed conditions occurring during the operation of the reclamation program to which the parties cannot renegotiate or resolve their disagreement as provided in Section 12. 16.1.2 On forty (40) days written notice to the other party, for a substantial and material breach of this Agreement and following a reasonable opportunity to cure such breach if it is curable, such notice shall specify the breach claimed and the failure of the other party to cure it despite reasonable opportunity to do so. Reclaimed Water Distribution Agreement Page 9 17. NOTICES. City of Tukwila: Pat Brodin, Operations Manager Minkler Shops 600 Minkler Blvd Tukwila, WA 98188 (206) 433 -1861 nwutila,ci.tukwila.wa.us King County: Sue Kaufitian -Una, Reclaimed Water Lead Wastewater Treatment Division KSC -NR -0512 201 S. Jackson Street Seattle, WA 98104 -3855 206 684 -1243 Susan .kaufiiian- una(kinacountv.vov 18. ASSIGNMENT This Agreement may not be assigned without the express written consent of the other party. 19. SEVERABILITY If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. 20. NON WAIVER Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach, and shall not be construed to be a modification of this Agreement. 21. AMENDMENT This Agreement may be amended only by an instrument in writing duly executed by all of the parties to this Agreement. Reclaimed Water Distribution Agreement Page 10 IN WITNESS WHEREOF, King County Depai tnient of Natural Resources and the City of Tukwila have executed this Agreement effective as of the date last written below. Approved as to form: Approved as to form: City Attorney KING COUNTY DEPARTMENT OF CITY OF TUKWILA NATURAL RESOURCES AND PARKS By: By: Title: DNRP Director Jim Haggerton, Mayor Date: Date: ATTEST: By: City Clerk Reclaimed Water Distribution Agreement Page 11 otk 5r �H G P y 5y1 N 55 H,�rTOH s'�srH 37 6 5127TH PL Z a 51175 4L S} F F S 8 T H m 'Po yL o y y `s T y a a y S 128TH ST Q 0, y w a j Q a y c Q in i a w n m F- n 1n S 129TH ST r f PQ.y 4.c` F m a n z n y S 730TH ST G 5 131 ST ST S0H 5 LANGSTON RD RD P S'33 g0 6' S 132ND ST S132NDST 26F S 133RD ST yr° 4 O4<l�7H 4RT i 4._ A. A74,0 5 7 5 S /3.47.8 ST JR 144 I- 3 TH ST 57317H 5T 9 y Foster -Golf THST sBT F j 5118 9 rI- 1 =in i co ut A w S 139TH S7 m Interurban x 1 i 5140TH ST Pump w Station w o S141ST ST y r 5142ND ST 5 7 41 ST PL D 0 a z z 5142ND ST 0 1p 3143RD ST 6 y w w 5 143RD PL 5 143RD ST i 5144TH 57 n y 5144TH Sr tu W St Q a 1� ii, y f S z O a S 147TH ST y rb y 6.6.'), N 4y W o De i F r y r s F n 149TH ST 5149TH ST i —T— South N E a 5149TH ST y� Tre S 150TH ST F P Plant S 150TH PL y z 575757 57 5751sT ST 7 3 k3 w 5 152ND S7 j 5 G. o z z �4C m G QO 1- 'oSF 6r SW 16TH ST '104 N 5153RD ST DS 5153RD ST KC -WTD Pump Station Foster Golf Links k Fort Dent Park j KC -WTD Treatment Plant F J City Boundary rR8( ✓o S 156TH ST 1 Parcel Boundary ,es k I King County o o Transmission Line Open Water TUKWILA PKWY z V. z I Tukwia Reclaimed Water 3 Y W m LONGACRES WAY f Distribution Line it a i s f I 600 300 0 600 >5 g u April 2008 f Feet O c z a i- The information included on this map has been compiled from a variety of sources and is lig King County subject to change without notice- Kong County makes no n :presentations or warranties, EXi i I L/ it f1 express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information- Thisdocurnentisnotintendedforuseasasuveyproduct. King County South Plant Department of shall not be gable for arty general, special, indirect, incidential, or consequential damages Natural Resources and Parks including, but not limited to, lost revenues or lost ptofls resulting fromthe use ormi sue of the information contained on this map. Any sale of this nap or .from m doration on this map Reclaimed Water Pipeline Wastewater Treatment is prohibited except by written permission of King County. Division Pile Harr. Q: 1\ WTDl ProjecMBWReuseWrojec [sttukwia_fne -rrocd- Shari Cross Ownership Map Exhibit B King County will deliver reclaimed water to the City of Tukwila as per the terms of the AGREEMENT FOR THE SALE AND DISTRIBUTION OF RECLAIMED WATER BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS AND THE CITY OF TUKWILA. The cost of delivery shall be based upon 80% of the Seattle Public Utilities (SPU) rate for wholesale potable supplies. The rates outlined below will be adjusted annually based upon the SPU wholesale water customer rate commodity charge for new contracts. SPU Current Wl olesale WaterCustomer- Rate s (Effective January 't 2008) Water Commodity Charge per CCF (100 cubic feet) 1 SPU Potable Off Peak Usage Charge (Sept 16 May 15) $1.04 per CCF 1 SPU Peak Usage Charge (May 16 Sept 15) $1.60 per CCF King Co my r et Wholesale Reclaimed ater Rates_with_the City of Tukwila (Effective: 3he execution date this agreement I Reclaimed Water Commodity Charge per CCF (100 cubic feet) 1 King County Reclaimed Water Off Peak Usage Charge (Sept 16 May 15) $.83 per CCF King County Reclaimed Water Peak Usage Charge (May 16 Sept 16) $1.28 per CCF 1 g tY e g g( Y P:\PROJECTS\A- WT Projects\92WT06 Foster Golf Reclaimed Water\Reclaimed Water Sale_Distribution Aunt Exhibit B.doc fC._• ��S ;0:, City of Tukwila lns 1 Al 2% Utilities Committee isos UTILITIES COMMITTEE Meeting Minutes February 19, 2008 5. p.m. Conference Room #1 Councilmembers: Verna Griffin, Chair; Joan Hernandez and Kathy Hougardy Staff: Jim Morrow, Mike Cusick, Frank Iriarte, Rick Still and Kimberly Matej CALL TO ORDER: Committee Chair Griffm called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. King County Agreement for Sale and Distribution of Reclaimed Water Staff is seeking full Council authorization for the Mayor to enter into an agreement with King County for the sale and distribution of reclaimed water. Staff stated that Mayor Haggerton has been a proponent of reclaimed water use. The use of reclaimed water has come up several times during discussions of the Regional Water Quality Committee; and the City of Tukwila has been touted as a leader in the use of reclaimed water. This is a basic agreement in which the City acts as an agent for the marketing, sale, purchase and distribution of reclaimed water. The City will in turn, reimburse the King County Wastewater Treatment Division for the expense of the reclaimed water which is estimated to cost 80% of the current Seattle Public Utilities rate for wholesale potable water. Staff will also be seeking additional opportunities within the City that may be eligible to use reclaimed water. The Committee requested Exhibit A, as reference in Section 4.2, be included when the information in forwarded to full Council. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. B. Kina County Interlocal Agreement for Reclaimed Water Pipeline Extension Proiect In reference to the above agenda item, staff is seeking approval to enter into an interlocal agreement with King County for a reclaimed water pipeline extension project. Design and construction of this project will be paid for by King County. The project will involve extension of the current reclaim water pipeline approximately 400- 500 feet from Interurban Avenue South to the existing irrigation pond at Foster Golf Links. Early today, staff identified a potential issue with Section 2.2 of the draft interlocal agreement. Additional research will be required in order to further explore questions that have surfaced regarding using reclaimed water as a primary irrigation source for Foster Golf Links. Both Public Works and Parks and Recreation staff will work together to resolve these questions and will return to the Committee with further information. MORE INFORMATON REQUIRED. RETURN TO COMMITTEE MARCH 17 FOR DISCUSSION. C. Minkler Re -Roof Proiect Building B Bid Award Staff is seeking full Council approval to award a bid in the amount of $87,446.70 to Pacific Sheet Metal Roofmg, LLC, for the re- roofing of Building B at the Minkler Shops. Re- roofing of Building B is the most cost efficient means to address the increasing maintenance costs of the 30 -year old roof. This project will be paid for by the 303 Fund Budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:37 p.m. Next meeting: Wednesday, March 3, 2008 5 :00 p.m. Conference Room No. 1. 1 Committee Chair Approval Min es kAM. I 1 r 1 ;V 7 0 Z City of Tukwila 10 0\ "'N Utilities Committee Tsai UTILITIES COMMITTEE Meeting inutes April 7, 2008 S. 00 .m. Conference Room #1 PRESENT Councilmembers: Verna Griffin, Chair; Joan Hernandez, and Kathy Hougardy Staff Jim Morrow, Frank Iriarte, Mike Cusick, Pat Brodin, Bob Giberson, Gail Labanara and Kimberly Matej Guests: Jerry Thornton, Water District 125 CALL TO ORDER: Committee Chair Griffin called the meeting to order at 4:59 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Reclaimed Water Pipeline Extension Proiect Interlocal Agreement with King County This issue was originally brought before Utilities Committee on February 19, 2008. At that time, staff had identified a potential issue with the draft interlocal agreement in regards to the primary irrigation source for Foster Golf Links. Staff has resolved these concerns and is now seeking approval to enter into an interlocal agreement with King County for a reclaimed water pipeline extension project. The project will involve extension of the current reclaim water pipeline from Interurban Avenue South to the existing irrigation pond at Foster Golf Links for the sale and distribution of reclaimed water to the City of Tukwila. The most significant changes are evident in Section 2.2 of the draft agreement. The new language states that reclaimed water will only be utilized as a supplemental source of irrigation for Foster Golf Links, and that the agreement in no way compromises the City's water rights to the river nor its ability to utilize those water rights. After discussing possible construction dates, Public Works and Golf Course staff determined that late September, early October will be the best time for pipeline installation. Staff will note additional changes made to the draft interlocal in the packet submitted to full Council as well as include copies of all appropriate exhibits /attachments. FORWARD TO A FUTURE COW FOR DISCUSSION. B. Reclaimed Water Sale and Distribution Agreement with King County This issue was also originally brought before Utilities Committee on February 19, 2008. It is directly related to the above matter and staff brought both issues back to the Committee simultaneously. X.<:: Staff is seeking full Council authorization for the Mayor to enter into an agreement with King County for the sale and distribution of reclaimed water. This is a basic agreement in which the City acts as an agent for the marketing, sale, purchase and distribution of reclaimed water. The City will in turn, reimburse the King County Wastewater Treatment Division for the expense of the reclaimed water which is estimated to cost 80% of the current Seattle Public Utilities rate for wholesale potable water. Staff will also be seeking additional opportunities within the City that may be eligible to use reclaimed water. Staff will include all appropriate attachments /exhibits in the packet which is brought forward to full Council. FORWARD TO A FUTURE COW FOR DISCUSSION. (tilLA y City o f Tukwila J 1 r (5 N':, Utilities Committee i`soa UTILITIES COMMITTEE Meeting Minutes June 2, 2008 5:00 p.m. Conference Room #1 Councilmembers: Verna Griffm, Chair; Joan Hernandez, and De' Sean Quinn (filling in for Kathy Hougardy) Staff: Jim Morrow, Frank Iriarte, Mike Cusick, Pat Brodin, Peter Lau, Gail Labanara and Kimberly Matej CALL TO ORDER: Committee Chair Griffm called the meeting to order at 4:58 p.m. L PRESENTATIONS No Presentations. II. BUSINESS AGENDA A. Sale and Distribution of Reclaimed Water Commodity Wholesale Agreement with King County This item has previously been to the Utilities Committee (see Utilities Committee minutes dated February \s/r 19, 2008, and April 7, 2008). On April 7, the Committee gave unanimous approval for staff to forward this item to a future COW meeting based on making several recommended changes. Staff opted to return to Committee to review changes prior to moving forward to full Council. Changes include updated contact information and exhibit clarification. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW FOR DISCUSSION. B. Reclaimed Water Line Extension Project Interlocal Agreement with King County This item has also previously been to Committee. This interlocal agreement is regarding the construction of the pipeline. As reported at the April 7 Committee meeting, the most significant changes are evident in Section 2.2 of the draft agreement. The new language states that reclaimed water will only be utilized as a supplemental source of irrigation for Foster Golf Links, and that the agreement in no way compromises the City's water rights to the river nor its ability to utilize those water rights. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW FOR DISCUSSION. III. MISCELLANEOUS Jim Morrow mentioned three items he would like to discuss at a future Committee meetings: Results of the WCIA Public Works Audit Codifying proof of payment requirements for the King County Metro Sewer Capacity Charge Cascade Water Alliance Member Audit Meeting adjourned at 5:30 p.m. Next meeting: Monday, June 16, 2008 5:00 p.m. Conference Room No. 1. c i 4) t A committee Chair Approval Minutes by KAM. Reviewed by GL. COUNCIL AGENDA SYNOPSIS ks2'� Initialr I111M l ei %l Meeting Date Prepared I Mayor's review I __Caused review tsid +oi to 7/14/08 1 P (74.4%- 1 ems "IL 7/21/08 1 PB8 [Y1 I ITEM INFORMATION I CAS NUMBER: 08-088 I ORIGINAL AGENDA DATE: JULY 14, 2008 AGENDA ITEM TITLE Reclaimed Water Line Extension Project Interlocal Agreement with King County CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 7/14/08 Mtg Date 7/21/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Alai/or Adra Svcs DCD Finance Fire Legal P&R Police PTA SPONSOR'S This interlocal agreement between King County and Tukwila will approve the extension of the SUMMARY reclaimed water line on Interurban Ave S to the Foster Golf Links irrigation pond. This also includes a potential future service that could extend to Baker Commodities. King County will pay for design and construction and in exchange, the City will provide specifications, bidding and construction management. Once the reclaimed water line is extended, the golf course will be able to use reclaimed water for irrigation. REVIEWED El COW Mtg. CA &P Cmte F &S Cmte 111 Transportation Cmte BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 02/19/08, 04/07/08 06/02/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign Agreement with King County. COMM TTEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED N/A N/A Fund Source: Comments: I MTG. DATE RECORD OF COUNCIL ACTION 07/14/08 07/21/08 MTG. DATE ATTACHMENTS 07/14/08 Information Memo dated May 15, 2008 Agreement with King County with Exhibits Page 81 of 2008 CIP Interurban Water Reuse Utilities Committee Meeting Minutes from 2/19/08, 4/7/08 and 6/2/08 07/21/08 INFORMATION MEMO To: Mayor Haggerton From: Public Works Directo� Date: May 15, 2008 Subject: Reclaimed Water Line Extension Project Project No. 92 -WTO6 Interlocal Agreement with King County ISSUE Approve the Interlocal Agreement with King County for extension of the reclaimed water line from King County Sewer Pump Station on Interurban Avenue South to the Foster Golf Links irrigation pond. This includes a potential future service that could extend to Baker Commodities. BACKGROUND Foster Golf Links currently pumps irrigation water out of the Green River and stores it in a pond in order to irrigate the golf course turf. The City has a water right from the Department of Ecology (DOE) that allows a specific quantity for irrigation needs. Washington State Department of Health passed the new Municipal Water Law last year that requires Foster Golf Links to monitor how much water is being pumped from the river and how it is being used. King County has developed the attached revised interlocal agreement with an offer to pay for design and construction of an extension to the reclaimed water service from their sewage pump station at Interurban Avenue South to the existing golf course irrigation pond. In exchange, the City of Tukwila will provide specifications, bidding and construction management for the project. After this reclaimed water pipeline project is completed, the golf course will be able to use reclaimed water for irrigation without modifications to their existing irrigation system. Future rates for the recycled water need to be carefully weighed against the cost to pump during seasonal needs while not compromising use of the water right. In teinis of upfront capital costs, the City will save at least $110,000 in construction costs, as shown on the attached page 81 of the 2008 CIP for the Interurban Water Reuse Project. RECOMMENDATION Authorize the Mayor to sign the interlocal agreement with King County for the reclaimed water line extension project. Attachments: Interlocal Agreement with King County with Exhibits Pg. 81 of 2008 CIP P:\PROJECTS\A- WT Projects\92WT06 Foster Golf Reclaimed Water\Info Memo 051508 Reclaimed Waterline Extension.doc AGREEMENT BETWEEN KING COUNTY AND CITY OF TUKWILA REGARDING THE FOSTER GOLF RECLAIMED WATER LINE EXTENSION PROJECT THIS AGREEMENT, made as of the day of 2008, between the City of Tukwila, a municipal corporation organized and existing under the laws of the State of Washington, hereinafter referred to as "the City" by and through Tukwila Public Works Depaituient, and King County, a political subdivision of the State of Washington, hereinafter referred to as "the County" through the King County Department of Natural Resources and Parks "KCDNRP (collectively, the "Parties WHEREAS, the County operates a reclaimed water facility which produces Class A reclaimed water at its South Plant in Renton, Washington; WHEREAS, the County owns a conveyance pipe which conveys Class A reclaimed water from its plant in Renton to a site adjacent to Foster Golf Links in Tukwila; WHEREAS, the City currently exercises a water right to the Green River to irrigate Foster Golf Links; WHEREAS, the City and County have identified a mutual interest to preserve in- stream flow in the Green River; WHEREAS, the City is interested in using reclaimed water for irrigation at Foster Golf Links and the County is interested in supplying reclaimed water to the City; WHEREAS, the City and the County have developed plans to extend a reclaimed water line from the County's existing conveyance pipe to Foster Golf Links (Reclaimed Water Line Extension); WHEREAS, the City and the County have signed an AGREEMENT FOR THE SALE AND DISTRIBUTION OF RECLAIMED WATER BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS AND THE CITY OF TUKWILA, addressing reclaimed water supply uses, obligations and rates; WHEREAS, the Parties agree that construction of the Reclaimed Water Line Extension will be performed by the City and that certain costs for such construction, as set forth herein, will be reimbursed by the County; NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: P:\PROJECTS\A- WT Projects\92WT06 Foster Golf Reclaimed Water\Agreement Between KC and Foster Golf Reclaimed Water.doc Page 1 of 9 1.0 Construction of the Project 1.1 The City shall act as the lead agency for the construction of the Reclaimed Water Line Extension "the Project and shall accomplish the Project as described in Exhibit A. The City shall obtain all necessary permits and approvals for the Project and shall comply with the State Environmental Policy Act (SEPA) prior to construction of the Project. The City represents that the Project will be constructed entirely on City property and/or public right -of way. If any part of the Project is to be constructed on property other than City property or public right -of way, then the City shall obtain all necessary temporary and/or permanent access easements and/or other necessary property rights to construct the Project. 1.2 The City is preparing specifications and the County is preparing plans (drawings) for construction of the Project. The final specifications shall be provided to the County for review and approval. The City will publicly bid the Project in accordance with the City's public contracting procedures. If the apparent low bid is approved by both the City and the County, then the City will award a contract to the low bidder for construction of the Project. Either the City or the County may reject all bids in accordance with the City's public procurement requirements. 1.3 Once a contract is awarded, the City will administer the Project contract, including keeping the records and accounting for the Project and paying the Project contractor (the "Contractor The City shall arrange a preconstruction conference with the Contractor after awarding the contract and invite the County to attend and participate. The parties agree that the Project shall be bid, contracted for and constructed in accordance with State and local law applicable to the City's public works projects. The City shall make this Agreement available to prospective bidders for the construction of the Project. The City shall provide the County with a copy of the bid documents from the successful bidder. 1.4 The City shall, at no cost to the County, provide construction engineering and inspection of the Project based upon the plans and specifications and sound engineering practice. The City will provide copies to the County of any inspection reports for the Project. 1.5 The City shall initiate and coordinate final inspection of the Project and will follow through with completion of items listed on either the City's and/or the County's punch list. 1.6 The City shall at no additional cost provide the County with a set of "as- built" drawings of the Project work for its pemianent records, within six (6) months of the final acceptance of the Project. 1.7 The City shall bill the County for the direct construction costs of the Reclaimed Water Line Extension from the existing reclaimed water line to the golf course pond, based upon the amount of the successful bid, with no mark up. The City P:\PROJECI S\A- WT Projects\92Wr06 Foster Golf Reclaimed Wat&Agreer eet Between KC and Foster Golf- Reclaimed Water.doc Page 2 of 9 will be responsible for the costs of inspection and construction management for construction of the Reclaimed Water Line Extension from the existing reclaimed water to the golf course pond. 1.8 Any obligations of the County beyond the current fiscal year are subject to local legislative appropriation of funds for the specific purpose of funding this Project in accordance with the County Charter and applicable law. 2.0 Post Construction Responsibilities 2.1 The City of Tukwila will own, operate, and maintain the 6 -inch pipe from the point of connection with the existing reclaimed water pipeline near Interurban Avenue South. 2.2 As part of the consideration for this Agreement, once the Project is complete, the City agrees to use reclaimed water through the Extended Reclaimed Water Pipeline as a supplemental source of it's primary irrigation for the Foster Golf Links. This agreement shall in no way compromise the City's water right nor its abilities to use said water right under the provisions of the Municipal Water Law. 3.0 Payment 3.1 The County agrees to reimburse the City for the actual direct cost of the construction of the Project, without mark -up. The Parties' estimate of costs is shown in Exhibit B, Preliminary Cost Summary, which is attached hereto and incorporated herein by this reference. 3.2 The City shall provide the County monthly with properly executed invoices showing expenditures during the previous month on the Project. Invoices shall be based on and itemize the Contractor's payments, equipment, materials and labor expended on the Project. Invoices shall be documented to the reasonable satisfaction of the County. Properly documented invoices shall be paid by the County within forty -five (45) days of receipt by the County. Notice of any potential dispute regarding such payment request shall be made in writing within the same time period. Payment by the County shall not constitute agreement as to the appropriateness of any item or acceptance of the work so represented. Upon completion of the Project, all required adjustments related to any potential dispute for which notice has been timely given shall be made and reflected in a final payment. 3.3 Reimbursement for any costs associated with extra work or changed work must be approved in accordance with Section 4 herein. 4.0 Changes in the Work P:\PROJECTS\A- WT Projects\92WT06 Foster Golf Reclaimed \Vater\Aereement Between KC and Foster Golf Reclaimed Water.doc Page 3 of 9 4.1 There may be unforeseen conditions requiring immediate resolution during the construction phase of the Project such as construction disputes and claims, changed conditions and changes in the construction work. Reimbursement for increased costs for construction of the Reclaimed Water Line Extension shall be limited to costs covered by a modification, change order or extra work order approved as follows: 4.1.1 Should it be determined that a change to the Project plans and specifications is required for the construction of the Reclaimed Water Line Extension, the City, through its Operations Manager, shall notify the County at least five (5) working days prior to commencing work on the changed work. 4.1.2 Any change in the Project, which would cause the direct construction costs to exceed the Preliminary Cost Estimate set forth in Exhibit B by more than five (5) percent shall require a binding Letter of Agreement, signed by the City of Tukwila's Public Works Director or his/her designee and the County's Major Capital Improvements Section Manager or his/her designee, describing the changed scope of work and the estimated change in the direct construction cost. 4.2 In the event of a claim by the Contractor(s), each Party shall be responsible for its proportionate share based on its proportionate responsibility for the claim PROVIDED THAT nothing in this Agreement shall be construed to make the County responsible for a Contractor(s) claim, to the extent that it is caused by the actions, inactions or responsibilities of the City and/or its agents, employees or consultants. 5.0 Indemnification 5.1 The County shall hold harmless, indemnify and defend the City, its officers, appointed and elected officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, to the extent caused by or arising out of the County's negligent or intentional acts, errors or omissions in the perfoiinance of this Agreement and arising by reason of the County's participation in the Project; PROVIDED, HOWEVER, that the County's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the City, its officers, elected and appointed officials, employees or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of the parties to this Agreement, the County's obligations hereunder shall apply only to the percentage of fault attributable to the County, its officers, officials, employees or agents; The County expressly and specifically agrees that its obligations under this paragraph extend to any claim, action, suit, liability, loss, expense, damage and/or judgment brought by or on behalf of any of its appointed or elected officials, employees or P:\PROJECTS\A- WT ProjectsW2WTO6 Foster Golf Reclaimed Water\Agreement Between KC and Foster Golf Reclaimed Water.doc Page 4 of 9 agents. For this purpose, the County hereby expressly and specifically waives, with respect to the City only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 5.2 The City shall hold harmless, indemnify and defend the County, its officers, appointed and elected officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, to the extent caused by or arising out of the City's negligent or intentional acts, errors or omissions in the performance of this Agreement and arising by reason of the City's participation in this Project; PROVIDED, HOWEVER, that the City's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the County, its officers, elected and appointed officials, employees or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of the parties to this Agreement, the City's obligations hereunder shall apply only to the percentage of fault attributable to the City, its officers, elected and appointed officials, employees or agents. The City expressly and specifically agrees that its obligations under this paragraph extend to any claim, action, suit, liability, loss, expense, damage and/or judgment brought by or on behalf of any of its appointed or elected officials, employees or agents. For this purpose, the City, hereby expressly and specifically waives, with respect to the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 5.3 The City shall require the Project's construction contractor(s), subcontractors and suppliers of any tier to defend, indemnify and hold harmless the County, its officers, officials, and employees from any and all claims, injuries, damages, losses or suits including attorney's fees and costs, arising out of or in connection with the construction of the Project. 5.4 The parties hereby agree that, except as expressly set forth in this Agreement, the performance of services pursuant to this Agreement shall not constitute an assumption by the County of any of the City's obligations or responsibilities. 6.0 Insurance 6.1 Prior to commencement of construction of the Project, the City shall cause the Contractor to maintain the following insurance coverages and provide the County with evidence thereof: 6.1.1 General Liability. Coverage shall be at least as broad as Insurance services Office form number CG 00 01 covering COMMERCIAL GENERAL LIABILITY. $1,000,000 combined single limit per occurrence and for those policies with aggregate limits, a $2,000,000 aggregate limit including Products and Completed Operations. P:\PROJECTSW- WT Projects\92WT06 Foster Golf Reclaimed Water\Agreement Between KC and Foster Golf Reclaimed Water.doc Page 5 of 9 Excess/Umbrella Liability coverage may be provided to satisfy the required limits. 6.1.2 Automobile Liability. Coverage shall be at least as broad as Insurance Services Office form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 "any auto or the combination of symbols 2, 8, and 9. $1,000,000 combined single limit per accident. Excess/Umbrella Liability coverage may be provided to satisfy the required limits. 6.1.3 Workers' Compensation. Statutory requirements of the State of residency. Coverage shall be at least as broad as Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable Federal or "other States" State Law. 6.1.4 Employer's Liability or "Stop Gap Coverage shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. Limit: 1,000,000. 6.2 The City shall cause the insurance to be maintained until acceptance of the Project or for such Longer time as required by the City's contract with the Contractor. 6.3 The City shall cause the Contractor(s) to name the County as an additional insured under Commercial General Liability and Business Automobile Liability Insurance with respect to primary and non contributory limits in accordance with a standard separation of insureds clause, and the County shall be provided not less than 45 days prior written notice of cancellation (10 days with respect to cancellation for non payment of premium) per RCW 48.18.290. 6.4 All insurers shall either be licensed to conduct business in the State of Washington and rated A -:VII in the A.M. Best's Key Rating Guide or filed as a surplus lines placement by an authorized Washington State Surplus Lines Insurance Broker. Any form of self insured retentions in excess of $25,000 shall be disclosed and are subject to approval by the County. 6.5 Prior to commencement of the Project, as documentation of insurance as required hereunder, the City shall cause the Contractor(s) to provide certificates of insurance with copies of the actual additional insured policy endorsements or blanket additional insured wording stating that the County is an additional insured. 7.0 The County's Relationship to the Contractor. The City shall cause the contract between the City and the Contractor to state that for purposes of the construction of the Reclaimed Water Line Extension, the County is a third -party beneficiary of the contract including without limitation its indemnification P:\PROJECTSW- WT Projects192WTO6 Foster Golf Reclaimed WaterkAgeement Between KC and Foster Golf- Reclaimed Water.doc Page 6 of 9 provisions, and that all of the Contractor's representations warranties and guarantees and those of the Contractor's suppliers of material used in the Project run to the County. Other than as stated in this paragraph with respect to the Contractor, the Parties do not intend that this paragraph or anything in this Agreement be interpreted to create any obligation or liability or promise of performance to any third party, other than the Parties, for purposes of construction of the Project. The City agrees that the contract between the City and the Contractor shall (i) state explicitly that, with respect to the Project, the County is a third party beneficiary of such contract and (ii) require the insurance described in Section 6 herein. The City will give a copy of this Agreement to the Contractor. 8.0 Termination 8.1 Either the City or the County shall have the right to terminate this Agreement by providing written notice to the other Party prior to the award of a construction contract for the Project. 8.2 This Agreement shall remain in effect until terminated by the mutual, written consent of the Parties. 9.0 Project Records For a period not less than six (6) years from the final payment to the City, the City shall keep all records and accounting pertaining to the Project available for inspection and audit by the County and/or the State and copies of all records, accounts, documents or other data pertaining to the Project shall be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained by the City until all litigation, claim or audit finding has been resolved even though such litigation, claim, or audit may continue past the six -year retention period. 10.0 Property Any real or personal property acquired or used by any Party in connection with this Agreement will be acquired, held, and disposed of by that Party in its discretion, and other Parties will have no joint or other interest therein. Upon termination of this Agreement, real and personal property acquired through this Agreement shall be retained or disposed of in the manner provided by law. 11.0 Dispute Resolution 11.1 If a dispute arises between the County and the City the Parties agree that they will attempt to resolve the issue through mutual negotiation. In the event that the Parties are not able to reach an agreement through such negotiation, the parties agree to engage in mediation in order to resolve the dispute. Mediation may be requested by either Party, and shall be attempted prior to the institution of any P:\PROJECTSIA- WT Projects\92WT06 Foster Golf Reclaimed Water\ Agreement Between KC and Foster Golf- Reclaimed Water.doc Page 7 of 9 lawsuit arising under this Agreement. Mediation shall be conducted under the then current Commercial Mediation Rules of the American Arbitration Association or, if such model procedure no longer exists, some other mutually acceptable procedure. The County shall select a neutral third party mediator, who shall be subject to the reasonable approval of the City. The parties agree to share the costs of mediation equally. 11.2 This Agreement has been made pursuant to, and shall be construed according to, the laws of the State of Washington. In the event that mediation is unsuccessful and either party fmds it necessary to institute legal proceedings to enforce any provision of this Agreement, such proceedings may only be brought in the Superior Court of King County, Washington. The Parties shall have the right of specific performance of the teens of this Agreement. 12.0 Notices 12.1 Unless otherwise directed in writing, notices, reports and payments shall be delivered to each party as follows: City of Tukwila: King County: Pat Brodie, P.E., Operations Manager Attn: Kristina Westbrook Minkler Shops Wastewater Treatment Division 600 Minkler Blvd. KSC -NR -0512 Tukwila, WA 98188 201 S. Jackson Street (206)433 -1861 Seattle, WA 98104 -3855 Notices mailed by either Party shall be deemed effective on the date mailed. Either Party may change its address for receipt of reports, notices, or payments by giving the other written notice of not less than five (5) days prior to the effective date. 12.2 For accounting purposes, the respective Federal Tax Identification Numbers are: City of Tukwila: 91- 6001519 King County: 91- 6001327 13.0 Modification of Agreement This Agreement may be modified only by an amendment in writing signed by each party. 14.0 Other Agreements Between the Parties Remain Unchanged 14.1 The Agreement for Sewage Disposal between the City and County will remain unchanged by this agreement for the Foster Golf Links reclaimed water line extension. P:IPROJECTS\A- wr Projects\92Wr06 Foster Golf Reclaimed Water\Agreement Between KC and Foster Golf Reclaimed Water -doc Page 8 of 9 14.2 The Parties shall comply with the terms set forth in the Agreement for the Sale and Distribution of Reclaimed Water dated in June 2008. 15.0 Authority of Parties The signatories below certify that they have the authority to execute this Agreement and bind their respective governments. Exhibit A Description of Project Exhibit B Preliminary Cost Summary IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below. KING COUNTY CITY OF TUKWILA By: By: Theresa Jennings, Director Mayor King County Dept of Natural Resources Parks City of Tukwila Dated: Dated: P:\PROJECTS\A- WT Projects\92WT06 Foster Golf Reclaimed Water \Ao eement Between KC and Foster Golf Reclaimed Water.doc Page 9 of 9 Exhibit A Description of Project The general scope of the project is to extend a reclaimed water pipeline (approximately 500 lineal feet of 4 -inch and 6 -inch diameter C900 PVC with bell and spigot joints) and electrical wire /conduit (approximately 250 lineal feet). The reclaimed water pipeline extension will start in the vicinity of the Interurban Pump Station and end at the Foster Golf Links irrigation pond. The electrical wire /conduit will extend between the pumphouse and the irrigation pond level controls. The project will also include, but shall not be limited to: Water meter Backflow preventer assembly Manual Isolation valves Control valve 2 -inch quick connect Low point pipeline bleed -offs All associated pipe reducers, tees, and blind flanges Stilling well, pond level sensor and electrical panel Landscaping and asphalt restoration to original condition. P.\PROJECTSIA- WF Pro ectsl92WFO6 Foster Go7 Redatmed 'Nate/Meta ExhibitAdoc Exhibit B Preliminary Cost Summary Reclaimed Water Line Extension Project D escription Cost Material and Labor Subtotal 91,447.00 Contingency 9,148.00 General Contractor Overhead 7,898.00 General Contractor Profit 5,528.00 General Contractor Mark -up on Subcontractors 875.00 Bond and Insurance 3,448.00 B &O Tax 545.00 Peimit 2,378.00 General Conditions Allowance 8,491.00 GRAND TOTAL S 129,758.00 P:\PROJECTSIA- WT Projects192WT06 Foster Goff Reclaimed Wateriinterlocal Exhibit B.dcc CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2008 to 2013 PROJECT: Interurban Water Reuse LINE ITEM: 401.02.594.34. .21 PROJECT NO. 92 -WTO6 DESCRIPTION: Develop water reuse along the Interurban corridor with Class A treated wastewater from the Eastside Reclamation Facility for irrigation, sewer flushing, sweeping, dust control, and other non potable uses. JUSTIFICATION: Using reclaimed water is an element of the City's Water Conservation Plan as well as the Cascade Water Transmission and Supply Plan. STATUS: King County Department of Natural Resources (KCDNR) and the City are currently completing the assessment of crossing the river through an old 6" line in order to serve Baker Commodities. MAINT. IMPACT: Future maintenance and operation of the new meters, tracking and preventing cross connections. COMMENT: KC Dept of Natural Resources maintains and operates a distribution pipe from the Eastside (Renton) Reclamation Facility to the golf course. FINANCIAL Through Estimated (in $000's) 2006 2007 2008 2009 2010 2011 2012 2013 BEYOND TOTAL EXPENSES Design 15 5 20 Land (R/W) 0 Const. Mgmt. 17 17 Construction 13 110 123 TOTAL EXPENSES 13 15 132 0 0 0 0 0 0 160 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 13 15 132 0 0 0 0 0 0 160 TOTAL SOURCES 13 15 132 0 0 0 0 0 0 160 Project Location m� SI12i e 72.= EA ,28 rte N I W�3o St u 1 1 f W E a�11 n '1 `Y i 555 @��tttt�111 o E;',..---... I 1 1 t S13 l w 3 i 2- 9 S144 St S NN WI ,♦°D 1 .2 s 1 6 St I I I a CO j 7 i e s,4as, i 1 C r A S15o Sti N Q S 15 2 S I o y 5 156 St J I 4g 0 5158 St c..%4.:. V I I s,sost '0, Tukwi= k l n a 81 d v(11 1 jiT i 2 City of Tukwila m in\ M/2 Utilities Committee i soa UTILITIES COMIVIITTEE Meeting Minutes February 19, 200 p.m. Conference Room #1 Councilmembers: Verna Griffin, Chair; Joan Hernandez and Kathy Hougardy Staff: Jim Morrow, Mike Cusick, Frank Iriarte, Rick Still and Kimberly Matej CALL TO ORDER: Committee Chair Griffin called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. King County Agreement for Sale and Distribution of Reclaimed Water Staff is seeking full Council authorization for the Mayor to enter into an agreement with King County for the sale and distribution of reclaimed water. Staff stated that Mayor Haggerton has been a proponent of reclaimed water use. The use of reclaimed water has come up several times during discussions of the Regional Water Quality Committee; and the City of Tukwila has been touted as a leader in the use of reclaimed water. This is a basic agreement in which the City acts as an agent for the marketing, sale, purchase and distribution of reclaimed water. The City will in turn, reimburse the King County Wastewater Treatment Division for the expense of the reclaimed water which is estimated to cost 80% of the current Seattle Public Utilities rate for wholesale potable water. Staff will also be seeking additional opportunities within the City that may be eligible to use reclaimed water. The Committee requested Exhibit A, as reference in Section 4.2, be included when the information in forwarded to full Council. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. B. King County Interlocal Agreement for Reclaimed Water Pipeline Extension Proiect In reference to the above agenda item, staff is seeking approval to enter into an interlocal agreement with King County for a reclaimed water pipeline extension project. Design and construction of this project will be paid for by King County. The project will involve extension of the current reclaim water pipeline approximately 400- 500 feet from Interurban Avenue South to the existing irrigation pond at Foster Golf Links. Early today, staff identified a potential issue with Section 2.2 of the draft interlocal agreement. Additional research will be required in order to further explore questions that have surfaced regarding using reclaimed water as a primary irrigation source for Foster Golf Links. Both Public Works and Parks and Recreation staff will work together to resolve these questions and will return to the Committee with further information. MORE INFORMATON REQUIRED. RETURN TO COMMITTEE MARCH 17 FOR DISCUSSION. C. Minkler Re -Roof Proiect Building B Bid Award Staff is seeking full Council approval to award a bid in the amount of $87,446.70 to Pacific Sheet Metal Roofing, LLC, for the re- roofing of Building B at the Minkler Shops. Re- roofing of Building B is the most cost efficient means to address the increasing maintenance costs of the 30 -year old roof. This project will be paid for by the 303 Fund Budget. UNANIMOUS APPROVAL. FORWARD TO )FEBRUARY 25 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:37 p.m. Next meeting: Wednesday, March 3, 2008 5:00 p.m. Conference Room No. 1. _0 Committee Chair Approval Min es hAM. I 1 IN l C of Tukwila f i Utilities Committee 1908 UTILITIES COMMITTEE Meeting Minutes pril 7, 2008 S p.m. Conference Room #1 Li OW Councilmembers: Verna Griffin, Chair; Joan Hernandez, and Kathy Hougardy Staff: Jim Morrow, Frank Iriarte, Mike Cusick, Pat Brodin, Bob Giberson, Gail Labanara and Kimberly Matej Guests: Jerry Thornton, Water District 125 CALL TO ORDER: Committee Chair Griffin called the meeting to order at 4:59 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Reclaimed Water Pipeline Extension Proiect Interlocal Agreement with King County_ This issue was originally brought before Utilities Committee on February 19, 2008. At that time, staff had identified a potential issue with the draft interlocal agreement in regards to the primary irrigation source for Foster Golf Links. Staff has resolved these concerns and is now seeking approval to enter into an interlocal agreement with King County for a reclaimed water pipeline extension project. The project will involve extension of the current reclaim water pipeline from Interurban Avenue South to the existing irrigation pond at Foster Golf Links for the sale and distribution of reclaimed water to the City of Tukwila. The most significant changes are evident in Section 2.2 of the draft agreement. The new language states that reclaimed water will only be utilized as a supplemental source of irrigation for Foster Golf Links, and that the agreement in no way compromises the City's water rights to the river nor its ability to utilize those water rights. After discussing possible construction dates, Public Works and Golf Course staff determined that late September, early October will be the best time for pipeline installation. Staff will note additional changes made to the draft interlocal in the packet submitted to full Council as well as include copies of all appropriate exhibits /attachments. FORWARD TO A FUTURE COW FOR DISCUSSION. B. Reclaimed Water Sale and Distribution Agreement with King County This issue was also originally brought before Utilities Committee on February 19, 2008. It is directly related to the above matter and staff brought both issues back to the Committee simultaneously. Staff is seeking full Council authorization for the Mayor to enter into an agreement with King County for the sale and distribution of reclaimed water. This is a basic agreement in which the City acts as an agent for the marketing, sale, purchase and distribution of reclaimed water. The City will in turn, reimburse the King County Wastewater Treatment Division for the expense of the reclaimed water which is estimated to cost 80% of the current Seattle Public Utilities rate for wholesale potable water. Staff will also be seeking additional opportunities within the City that may be eligible to use reclaimed water. Staff will include all appropriate attachments /exhibits in the packet which is brought forward to full Council. FORWARD TO A FUTURE COW FOR DISCUSSION. Jew Wq City of Tukwila :O.' y' "lb a Utilities Committee N 7908 UTILITIES COMMITTEE Me June 2, 2008 5:00 p.m Conference Room #1 PRES Councilmembers: Verna Griffm, Chair; Joan Hernandez, and De' Sean Quinn (filling in for Kathy Hougardy) Staff: Jim Morrow, Frank Iriarte, Mike Cusick, Pat Brodin, Peter Lau, Gail Labanara and Kimberly Matej CALL TO ORDER: Committee Chair Griffm called the meeting to order at 4:58 p.m. I. PRESENTATIONS No Presentations. II. BUSINESS AGENDA A. Sale and Distribution of Reclaimed Water Commodity Wholesale Agreement with King County This item has previously been to the Utilities Committee (see Utilities Committee minutes dated February 19, 2008, and April 7, 2008). On April 7, the Committee gave unanimous approval for staff to forward this item to a future COW meeting based on making several recommended changes. Staff opted to return to Committee to review changes prior to moving forward to full Council. Changes include updated contact information and exhibit clarification. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW FOR DISCUSSION. B. Reclaimed Water Line Extension Proiect Interlocal Agreement with King County This item has also previously been to Committee. This interlocal agreement is regarding the construction of the pipeline. As reported at the April 7 Committee meeting, the most significant changes are evident in Section 2.2 of the draft agreement. The new language states that reclaimed water will only be utilized as a supplemental source of irrigation for Foster Golf Links, and that the agreement in no way compromises the City's water rights to the river nor its ability to utilize those water rights. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW FOR DISCUSSION. III. MISCELLANEOUS Jim Morrow mentioned three items he would like to discuss at a future Committee meetings: Results of the WCIA Public Works Audit Codifying proof of payment requirements for the King County Metro Sewer Capacity Charge Cascade Water Alliance Member Audit Meeting adjourned at 5:30 p.m. Next meeting: Monday, June 16, 2008 5:00 p.m. Conference Room No. 1. ,(4U1 uommiftee Chair Approval Minutes by KAM. Reviewed by GL. COUNCIL AGENDA SYNOPSIS s O ITEM NO. r X 11 i Meeting Date Prepared b Mayor's review 1 Council review I w +��i' I 7/14/08 Alm ..�rr 7/21/08 1 RLAarit IQ ITEM INFORMATION CAS NUMBER: 08-089 I ORIGIi IAL AGENDA DA 1'E: JULY 14, 2008 AGENDA I1'EM TITLE Accept two grants from the State of Washington Recreation and Conservation Office and People for Puget Sound for the Riverton Creek Flap Gate Removal Project. CATEGORY Discussion Motion Resolution Ordinance BidAsvard Public Hearing Other Mt Date 7/14/08 tbltg Date 7/21/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Nlayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Staff received notification of award of two grants for the Riverton Creek Flap Gate SUN MARY Removal Project. The State of Washington Recreation and Conservation Office (RCO) has approved a grant for $42,400.00 through the Salmon Recovery Funding Board and People for Puget Sound have agreed to provide $30,000.00 in funding. These two grants combined with the $50,000.00 City revenue budgeted will fund feasibility and design. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAIB: 06/23/08 RECOMMENDATIONS: SPONSOR/ADMEN. Accept both grants. COI%BITI rEE Unanimous approval, forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: 301 Parks Recreation (Fish Habitat) (page 24, 2008 CIP) Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 1 07/14/08 07/21/08 MTG. DATE ATTACHMENTS 07/14/08 Information Memo dated June 16, 2008 Location Map and two photos Page 24, 2008 CIP State of WA Recreation and Conservation Office Grant Agreement People for Puget Sound Design Funding Contract CA& Parks Committee Meeting Minutes from June 23, 2008 07/21/08 INFORiMATION MEMO To: Mayor Haggerton From: Public Works Director Date: June 16, 2008 Subject: Riverton Creek Flan Gate Removal Project No. 98 -DRO3 Grant Acceptance ISSUE Authorize Mayor to sign grant agreements with the State of Washington Recreation and Conservation Office and People for Puget Sound. BACKGROUND Riverton Creek discharges into the Duwamish River through two culverts originally installed as part of construction of SR 599. Each of these pipes was fitted with a flap gate to prevent river water from flooding adjacent property. To improve fish access to Riverton Creek, the City has proposed a fish habitat project that will remove the pipes and flap gates to create an open water connection to the river. A small bridge or box culvert will need to be installed because of the pedestrian trail at this location. Staff requested grant submittal approval at the 9/5/07 Utility Committee Meeting. ACTION TAKEN Staff received a $42,400 grant through the Salmon Recovery Funding Board (SRFB) administered by the Sate of Washington Recreation and Conservation Office. In addition, People for Puget Sound contacted the City looking to fund a habitat restoration project in the Duwamish River Area. The Department of Ecology transferred Sound Transit construction related water quality fine money to the People for Puget Sound for distribution to habitat related projects. Staff presented this project to the People for Puget Sound and they agreed to provide $30,000 in funding. The two grants received combined with $50K City revenue budgeted for 2008 will fund feasibility and design work. This City contribution will also fulfill the local match required by the SRFB grant. Additional grant funding will be required for the construction phase. RECOMMENDATION Authorize Mayor to sign grant agreements with the State of Washington Recreation and Conservation Office and People for Puget Sound. attachments: Location Map Existing Condition Photo Example of Box Culvert RCO Grant Agreement People for Puget Sound Grant Agreement File: P\Projects\A- DRV8dr03\Info Memo Riverton Creek Grants t r 4-4:::::-4---_-i--. 7 :=1- -;7 1- i TV7- -2- -i rt ;--41 i 1- T X 4 1---"- J kit-- i 1 w r fe' g i g f i p i T r F f rg J �es�tr.� 7 a ,a -'ms`s' ;E �t`� 3 3 Vii >x Replace existing culverts with and open water s ue v f 1 r 1 connec wll provide for trail crossing. rr o T replant using natives. s 4". —7:-*,-----'--- *c is 3 a�- 7 `I i f t f I.,' t: F `r i3§iri-_!� F ate —r Itt x S:Y Y F a 1 K` mot 4 f.x? i .3! K 1 Photo Date: Ap ril 2005 N FOR CONCEPTUAL PURPOSES ONLY Riverton Creek w E 4 h This project involves the removal ofr 2a flap gatesngs. i creek channel restoration, and riparian planti s a Not to Scale x 303 Tukwila PAR anlArcGIS RIAProjedsURyanURivertorcreeldRiverton c.rk_flapgate_removal.mxd r t s -s 7_ j; r� LI 1, f r Fih rr 3 t 1 is n F fja r i 0 t a z k 3 e a 11''__t: 6 a e .1 1 _fi 4 r 1 1,1 y ;Al_ 7 1 r .f r #rte 4_-#7.7u..-_-- 'I t I rl? 0 riy€ i- z -:p�- '1'1'4- 1 1 1 _r -a Y- 4-� �x -1r _r ,ms 7 g 1 s s s si. 3 i i 1 t t ,r t as s t e` 1 9 i a f. 'S€ t -try a {i= t c am 1 a -c-4, -i -04 s a i z` y; 1 sF A� x x -z3, 3-- i ti b f. F _2 f if -mo s r` s '''4,--- �-hf` ae ---2..-;•_, zt r rt ��z ms 1 f -a' is i" 3e -p e ra s a te r „F. f.:. i..::, 3 7$ it s 4S7- i. 1 1 *iT s t r i i �4 5 1 3' S 2 Tom. x t L TTT± e O t� E 1 tl`9ri �c fii�"' 1 "g 4 1 S i i 3/ r i 1... '.$1 ;1 i 55 t t3 c r vros,_ a�i� b r. i 1 f -rz 3 S C :2Y +lA F dlw� g rive, �1 F 1 y_ .r 'A� ,41P k E 3 F 9 ."-x c 2 n o CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2008 to 2013 PROJECT: Riverton Creek Flap Gate Removal LINE ITEM: 301 00.594.760. .61 PROJECT NO. 98 -DRO3 DESCRIPTION: Remove two culverts and flapgates at Duwamish River; install pipe arch, create open channel confluence, install trail bridge over new channel, restore /revegetate 200 feet of creek channel and 450 feet of pond shoreline. JUSTIFICATION: Increase available salmonid rearing habitat and increase flood refuge in lower Duwamish River. Improve fish access to Riverton Creek and enhance rearing and resting area. STATUS: City applied for Salmon Recovery Funding Board grant in 2007. MAINT. IMPACT: Annual Maintenance could be $1,000 to $2,000 for vegetation and in- stream structures. COMMENT: Project name was formerly Riverton Side Channel. FINANCIAL Through Estimated (in $000's) 2006 2007 2008 2009 2010 2011 2012 2013 BEYOND TOTAL EXPENSES Engineering 100 100 85 285 Land(R/W) 0 Construction 500 240 740 TOTAL EXPENSES 0 0 100 600 0 0 0 0 325 1,025 FUND SOURCES Awarded Grant 0 Proposed Grant 50 500 192 742 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 0 0 50 100 0 0 0 0 133 283 TOTAL SOURCES 0 0 100 600 0 0 0 0 325 1,025 6 Project Location i 5 7, f 4ice /x/ Remove two Culverts I I J d and flap gates at curtail i i t Con ^tNNr trail bridge l :-:1-:_=,--1', it Enhance channel l; I o•+ chenne' AV Enhance shoreline and riparian i 1 :c 7,,,„- I Extend channel Improvements I ups Vemb5R599 "I N ;a 24 STAT Natural Resources Building s o f380) (10- 3c;r_.; 1 111 Washington St SE ti TTY !360) 902-1996 Olympia WA 98501 Fax: (360) 902 -3026 PO Box 40917 0•A, ,aae 1 °y E-mail: info rcc `r.c..s;V Oiyn;pia WA 98504 -0917 Web Site. v'3 STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE March 15, 2008 EE Ryan Larson a r 4 on no MAR City of Tukwila TUi{�It 6300 Southcenter Blvd PUBLIC WORKS Tukwila, WA 98188 -2544 RE: Riverton Creek Flapgate Removal and Restoration, RCO #07 -1670N Dear Mr. Larson: Congratulations on your successful application for the Riverton Creek Flapgate Removal and Restoration project. Your project is administered by the Recreation and Conservation Office (RCO). Enclosed are two original sets of project agreement materials. Each set contains the Project Agreement, Milestone Report, Eligible Reimbursement Activities Report, and an Invoice Voucher. Also enclosed are policy manuals for reference as you implement your project and seek reimbursement. After reviewing your Project Agreement materials, please have the appropriate person sign each Project Agreement and return one signed original. Once the Project Agreement is signed and returned, the Riverton Creek Flapgate Removal and Restoration project can commence. Prompt implementation and completion of your project is extremely important and will ensure the continuing success and credibility of the Salmon Program by demonstrating effective results to citizens and policy makers. We encourage you to offer appropriate media opportunities to help build public awareness of the project's purposes and benefits. Acknowledging the assistance provided by this grant program helps increase the public's understanding of the value the funding provides to communities. Please notify your project manager of any event celebrating your project's beginning or completion. questions that may arise during project s always, staff is available to answer que y 9 implementation. If you need P 1 P assistance, please contact Leslie Ryan Connelly at (360) 902 -3080 or Ieslie.ryan- connelly @rco.wa.gov. Thank you again for helping make this valuable investment in Washington State's recreation, conservation, and natural resources. Sincerely, qcoi Kaleen Cottingham Director Enclosures Recreation and Conservation Funding Board Salmon Recovery Funding Board Washington Biodiversity Council AGRECVR.RP7 Washington Invasive Species Council Forum on Monitoring Salmon Recovery and Watershed Health Salmon Project Agreement Salmon Funding Accounts Project Sponsor: City of Tukwila Project Number: 07 -1670N Project Title: Riverton Creek Flapgate Removal and Restoration Approval Date: 12/13/2007 A. PARTIES OF THE AGREEMENT This Project Grant Agreement (Agreement) is entered into between the Salmon Recovery Funding Board (SRFB), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Tukwila, 6200 Southcenter Blvd, Tukwila, WA 98188 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington's General Fund. The grant is administered by the SRFB to the Sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor's on -going obligation for the project shall be the same as the Period of Performance period identified in Section E. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on March 15, 2008 and end on March 31, 2009. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. PROJECT FUNDING The total grant award provided by the SRFB for this project shall not exceed $42,500.00. The SRFB shall not pay any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below: Percentage Dollar Amount SRFB Salmon Federal Projects 85.00% $42,500.00 Project Sponsor 15.00% $7,500.00 Total Project Cost 100.00% $50,000.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the General Provisions, all of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's Director. The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these documents. H. COMPLIANCE WITH APPLICABLE STATUTES. RULES. AND RCO POLICIES This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 77.85 RCW, Chapter 286 WAC and published agency policies, which are incorporated herein by this reference as if fully set forth. Salmon Project Agreement Salmon Funding Accounts Chapter 77.85 RCW, Chapter 286 WAC Page 1 of 2 PROJAGR.RPT 1. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS 1. On July 1, 2007, the name of the Interagency Committee for Outdoor Recreation changed to the Recreation and Conservation Funding Board and the office name changed to the Recreation and Conservation Office. The General Provisions of the Project Agreement do not reflect this change. To allow immediate implementation of this project, the existing provisions are hereby incorporated into the agreement. All references to the Board refer to the Recreation and Conservation Funding Board. References to the Office refer the Recreation and Conservation Office. 2. The final work product will be a conceptual design evaluation (feasibility study) that identifies one or more project alternatives and a recommended alternative with preliminary site plan (30% design) and cost data, if appropriate. J. FEDERAL FUND INFORMATION A portion or all of the funds for this project are provided through a federal funding source. Funds provided from the US Dept of Commerce must be reported under CFDA #11.438 Salmon Restoration and Award Number NA07NMF4380301 for federal fiscal year2007. As a sub recipient of the federal funds, you are required to provide the SRFB with a summary of the federal expenditures by CFDA for each year. If your total federal expenditures are $500,000.00 or more in a one-year period, you are required to have a federal single audit in compliance with OMB Circular A -133. K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Project Contact SRFB Name: Ryan Larson Recreation and Conservation Office Title: Sr. Surface Water Mgt. Eng. Natural Resources Building Address: 6300 Southcenter Blvd PO Box 40917 Tukwila, WA 98188 -2544 Olympia, Washington 98504 -0917 www.rco.wa.gov /srfbl These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement, for project #07- 1670N, shall be effective upon signing by all parties. STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE .C���l BY: G� tW1U& DATE: 4191 d P Kaleen Cottinghaf*, Director PROJECT SPONSOR BY: DATE: TITLE: Pre approved as to form: BY: /S/ Assistant Attorney General Salmon Project Agreement Salmon Funding Accounts Chapter 77.85 RCW, Chapter 286 WAC Page 2 of 2 PROJAGR.RPT Exhibit J Federal Fund Information Certification CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to the department, institution, or office to which this proposal is submitted if at any time the prospective lower tier participant teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining -a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 41 CFR 105, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment Suspension, Ineligibility, and Voluntary Exclusion cower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 41 CFR 105, debarred, suspended, declared ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from the federal procurement and non procurement programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Page 1 of 2 Exhibit J Federal Fund Information Certification 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 41 CFR 105, debarred, suspended, declared ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date 11 Salmon Restoration Name of Sub -grant Project 07 -1670 Page 2 of 2 Inwa Le ne�fa, Salmon Prociram OUTDOOR ETION Federal Recovery Projects Post Evaluation Project Summary TITLE: Riverton Creek Flapgate Removal and Restoration NUMBER: 07 -1670N (Non Capital) STATUS: Board Funded SPONSOR: City of Tukwila EVALUATION SCORE: BOARD RANKING: COSTS: SPONSOR MATCH: Salmon Federal Projects $42,500 85% Appropriation Cash Local $7,500 15% Total $50,000 100% DESCRIPTION: Tukwila will use this grant to conduct a feasibility analysis and design to determine whether twin flap gates can be removed to connect Riverton Creek and the Duwamish River. Results of the analysis will be used to complete design work. Connecting the two water bodies will restore full fish access to more than .2 mile of off channel, shallow water habitat. Off channel and shallow water habitats in the estuarine transition zone, where freshwater and saltwater meet, is a critical factor in recovering Chinook salmon. This type of habitat will provide shelter from predators and refuge during high river flows for salmon species. The work also will involve removing invasive species, planting vegetation and placing woody debris. LOCATION INFORMATION: On the Duwamish River in Tukwila. LEAD ENTITY ORG: WRIA 9 LE (King County) COUNTY: GOAL OBJECTIVE: The goal of the project is to increase /improve information to help select projects that have a high certainty and benefit. The objective of the project is to determine project siting, feasibility, design, or implementation. SALMON INFORMATION: indicates primary) Species Taraeted Chinook* Coho Habitat Factors Addressed Channel Conditions Riparian Conditions Loss of Access to Spawning and Rearing Habitat* FISCAL YEAR: 2008 DATE PRINTED: March 15, 2008 1PAPSUM7.RPT Riverton Creek Flapgate Removal and Restoration for 'Yg OUTDOOR Eligible Reimbursement Activities Report RECREATION Project Sponsor: City of Tukwila Project Number: 07 1670 N Project Title: Riverton Creek Flapgate Removal and Restoration Approval: 12/13/2007 Non Capital Items: Worksite Element Item Unit Quantity Description #1, Riverton Creek Professional Services Consultant(s) Lump sum 1.00 Feasbility study #1, Riverton Creek Salaries Benefits Salaries Benefits othe of FTE's 0.02 Salary and benefits ELIGREIMRPT March 15, 2008 Page: 1 I Commr fur OU1000fl Milestone Report By Project 8ECRE8TION Project Number: 07 -1670 N Project Name: Riverton Creek Flapgate Removal and Restoration Sponsor: Tukwila City of Project Manager: Leslie Ryan Connelly X Milestone Target Date Comments /Description Project Start 03/15/2008 1 1 Bid Awarded /Consultant Hired 04/01/2008 Data Gathering Started 04/15/2008 I I Annual Project Billing I 07/31/2008 I I Draft Rpt Reviewed by Mgmt Agy 09/01/2008 Submit draft report to RCO for review. I I Proposed Completion Date I 02/01/2009 I I I Final Report Completed I 02/01/2009 I Special Conditions Met 02/01/2009 Feasibility study with 30% design for the preferred alternative I I Project Complete 03/31/2009 I I I Final Docs /Billing to Mgmt Agy 04/30/2009 I X Milestone Complete I Critical Milestone AILESTO.RPT March 15, 2008 Page: 1 I RECREATION AND CONSERVATION OFFICE FORM A 19 State of Washington Agency Name 1 INVOICE VOUCHER Sponsor's Certificate. I hereby certify under penalty of perjury that the items Recreation and Conservation Office and totals listed herein are proper charges for materials, merchandise or P.O. Box 40917 services furnished to the State of Washington, and that all goods furnished Olympia, WA 98504-0917 and /or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion or Vietnam era or disabled veterans status. Sponsor City of Tukwila BY Parks Rec. Dept. 12424 42nd Ave S Tukwila, WA 98188 (TITLE) (DATE) Y -0 Be Go:rr> p[efecF BKSpo so Project Number 07 1670 N Invoice Billing Period This is a Final Billing? Project Name Riverton Creek Flapgate Removal and 1 From: To: I Yes j No j K e'yta li Experi?iturigitit late, f t -`i Costs For This Billing -ice" r r Project o- r; ton= Rettnbur'sa y Non- Reimbursable n. z CATEGORIES Agreement e ate tt= F©fa1 Ex Match 6 s Total x} Non Capital Costs I r Ar .�v Equipment 1 s. A, 1 k� 1 r Q Non-Capital Total �"Y 1 1 p $50,000.00 f a =Y_ -c 0 04- $50,000.00 1 I I $0.00 1 1 FUNDING EXPENDITURE FORMULA For RCO Use ONLY m a it.014er R WON- :e: `�`�,v feV 6 Rf KTiii l 1,(0- P.ntS- A Sponsor: 1 15.00% 1 $7,500.00 1 Total Billed RCO Federal: I 1 1 Share Billed RCO: SALMON FED PROJ 1 85.00% 1 $42,500.00 1 Share Approved I Advance Balance I 1 1 1 Match Owed Balance I I I 1 Share Retained I I 1 Share Paid 1 Agreement Total: 1 100.00% I $50,000.00 1 Match Bank Date �zMA �.0 r: rEetlj:IJQC F�6Z., .;14.4' I?elAciC ,_�:*��'..:4�e0fQ0YSllnbef O- a4- I I 1 1 SWV001 8023 -00 107 -1670 N t vg ode} 'Ft dE Wr o€ t dex Index' aSub'E)b urObr` a= Wile A Aottnt -Cm o ce 210 1 001 1 Q19 1 98104 1 NZ 1 1 I 1 Project Manager /Date Release Final Pmt 1 Division Supervisor/Date Accounting /Date 1INVOtCERPT 3 /15/2008 Current Funding PEOPLE FOR PUGET SOUND Riverton Flapgate Design Funding Contract This contract is entered into this day of 2008, by and between the City of Tukwila and People For Puget Sound, a non profit Washington corporation, 911 Western Ave., #580, Seattle WA 98104. The purpose of this contract is to support the project to remove the flapgate on Riverton Creek which has been fully described in the application to the Salmon Recovery Funding Board. People For Puget Sound will transfer $30,000 to the City of Tukwila for the purpose of designing and permitting the project. Scope of Work The scope of work includes selection of a design consultant and the successful completion of an accepted design which will lead to implementation of the project. The contribution toward the project will be used as match toward the Salmon Recovery Funding Board grant, and as such, all terms of that grant must be met by the City of Tukwila. Contract Terms Duration. All work under this contract is to be completed by March 1, 2009. Fee and Payment. People For Puget Sound will reimburse the City of Tukwila up to $30,000 for design and permitting costs associated with this project. The City of Tukwila will provide one invoice to the People for Puget Sound for reimbursement. The People for Puget Sound will reimburse the City of Tukwila within 30 days of receipt, unless there is a question or need for additional documentation, in which case resolution will be sought expeditiously. Amendments. Any amendment or extension of this contract must be by written instrument executed by both People For Puget Sound and the City of Tukwila. Cancellation. Either party may terminate this contract at any time, with or without cause, upon thirty (30) day's written notice to the other party. Upon termination of this contract, the City shall be entitled to payment for all design accost incurred prior to contract termination. Ownership and Use of Documents. All documents and other materials produced by the City of Tukwila in connection with the services rendered under this contract are the property of the City of Tukwila, but copies must be provided to People For Puget Sound. Compliance with Laws. The City of Tukwila shall, in performing the services contemplated by this contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations applicable to the services to be rendered under this contract, and shall obtain any licenses or permits required. Liability/Insurance. The City of Tukwila agrees to indemnify and hold People For Puget Sound harmless for any and all liability or loss arising in any way out of the negligent performance of this contract. Independent Contractor. The City of Tukwila will be considered an independent contractor; conduct and control of work will lie solely within the purview of the City, provided that the City shall use good and reputable business practices. If appropriate, People For Puget Sound will 1 report all fees to the Contractor to the Internal Revenue Service on Form 1099. Neither People For Puget Sound nor the City shall have any right, power or authority to create any obligation, express or implied, on behalf of the other. Governing Law. This contract and all issues relating to the validity, interpretation, and performance shall be governed by and interpreted under the laws of the State of Washington. Severability. Many provision in this contract is held to be illegal, invalid, or unenforceable, such provision shall be fully severable and the remainder of this contract shall remain in full force and effect. Entire Agreement. This contract embodies the entire agreement and understanding between two parties hereto with respect to its subject matter and supersedes all prior agreements and understanding, whether written or oral, relating to its subject matter. No amendment, modification, or termination of this contract shall be valid unless made in writing and signed by each of the parties. IN WITNESS WHEREOF, the parties hereto executed this Contract the day and year first above written. PEOPLE FOR PUGET SOUND CITY OF TUKWILA By: By: Signature Signature Printed Name: Kathy Fletcher Printed Name: Title: Executive Director Title: Date: Date: ATTEST /AUTHENTICA'1'ED Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: 2 r 0I ,2 C o f Tukw ::6F. 5--! Nt., f Community Affairs and Parks Committee 1906 COMYIi UNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes June 23, 2008 5: 00pin.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De'Sean Quinn Staff: Evie Boykan, Ryan Larson, Bob Benedicto, Jack Pace and Kimberly Matej Guest: Nicholas Lee, Westfield Southcenter Mall CALL TO ORDER: Chair Hernandez called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Cooperation Agreement Regarding the Community Development Block Grant and Home Investments Partnership Programs Staff is seeking full Council approval to enter into an interlocal agreement with King County regarding the Community Development Block Grant (CDBG) and Home Investments Partnership (Home) programs. This is an agreement entered into every three years between the City and County which outlines the processes and responsibilities between the City and County regarding Block Grant funds for housing rehabilitation and the Home program which focuses on permanent housing. Participation in the CDBG and Home programs allows the City representative to take part in the process and influence how those funds will be distributed and utilized. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW FOR DISCUSSION. B. Riverton Creek Flap Gate Removal Proiect Grant Agreements This item was originally heard in the Utilities Committee on September 5, 2007; however, staff determined that the subject matter fits more appropriately into matters referred to the Community Affairs and Parks Committee. Staff is seeking approval to enter into grant agreements with the State of Washington Recreation and Conservation Office ($42,000) and the People for Puget Sound ($30,000) for project feasibility and design work funding of the Riverton Creek pipe and flap gate removal. This project will improve fish access to the Creek by removing the pipes and flap gates, providing an open water connection to the river. The grant funding combined with $50,000 from the City will total $122,000 for this portion of the project. Additional grant funding will be required for the construction phase. The Committee requested staff attach the appropriate CIP page regarding this project in the information submitted to full Council. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW. C. Westfield Shoppingtown Mall Development Agreement Second Amendment (Sign Code) Staff is seeking approval for a second amendment to the Westfield Shoppingtown Mall Development Agreement regarding signage (for information on first amendment, see Committee minutes dated August 14, 2007). Westfield has been vested to the provisions of the Tukwila Sign Code in effect on January 1, 2007. As part of Tukwila's Centennial Celebration, temporary signs have been hung on the two parking garages at the Mall. Westfield has requested approval from the City to continue using signage and the Oa: COUNCIL AGENDA SYNOPSIS �J,....... tc .y Initials I' MNo. .J p1 i 0 Meeting Date 1 Prepared by I Mayor's review 1 Council review 1 w ea* 7/14/08 1 REAP 1 ..<-g Imo j-' U 7/21/08 1 RL {Tt I(i I I 1 4 h 1 1 ITEM INFORMATION CAS NUMBER: 08-090 1 ORIGINAL AGENDA DATE: JULY 14, 2008 AGENDA ITEM TITLE Resolution for Washington Wildlife Recreation Program (WWRP) Funding Assistance for Duwamish Gardens Acquisition. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 7/14/08 Mtg Date Mtg Date 7/21/08 Mtg Date Mtg Date Ivltg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &.R Police PW SPONSOR'S The Washington Wildlife and Recreation Program (WWRP) requires a formal resolution for SUMMARY a grant application. This resolution will authorize funding assistance for the Duwamish Gardens site along the Duwamish River through the Recreation and Conservation Office (RCO) program. REVIEWED BY COW Mtg. 111 CA &P Cmte El F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/07/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve resolution. COMMIT1EE Unanimous approval, forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: 301 Parks Recreation (Fish Habitat) (page 23, 2008 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 07/14/08 07/21/08 MTG. DATE ATTACHMENTS 07/14/08 Information Memo dated July 2, 2008 (revised after UC meeting) Draft Resolution Page 23, 2008 CIP Utilities Committee Meeting Minutes from July 7, 2008 07/21/08 INFORMATION MEMO To: Mayor Haggerton From: Public Works Director Date: July 2, 2008 Subject: Duwamish Gardens Acquisition WWRP Assistance Resolution Project No. 06 -DRO2 ISSUE Approve a resolution authorizing application for funding assistance for property acquisition of the Duwamish Gardens site through a Washington Wildlife and Recreation Program (WWRP). BACKGROUND The Carosino family is selling their 2.18 -acre property adjacent to the Duwamish River. This site is proposed for Habitat Restoration. The property, known to the family as "Duwamish Gardens is located on the right bank of the Duwamish River, immediately downstream of East Marginal Way South and has approximately 500 feet of river frontage. Public Works has coordinated with WRIA 9 staff to complete grant applications and evaluate the property for potential habitat improvements. To date, a total of $2,058,521 has been secured for the purchase of the Duwamish Gardens site. The City has budgeted a total of $50,000 for acquisition of this project. Each of the grants has matching requirements and the City revenue combined with other grant revenues will be used as matching funds. ACTION TAKEN City staff submitted five grant applications for this acquisition. These applications include funding from the Interagency Committee for Outdoor Recreation, King County Conservation Futures, King County Conservation District, Salmon Recovery Funding Board and WWRP. The application submitted through WWRP is for $245,000 and requires a formal resolution approved by the City Council. RECOMMENDATION Approve the resolution for a grant application through the WWRP. RL:sb Attachments: Resolution CIP Page 23 P:\PROJECTS\A- DR Projects \06dr02 (Duwamish Gardens) \Urban Wildlife Habitat Resolution Info Memo.doc DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING APPLICATION TO WASHINGTON STATE'S RECREATION AND CONSERVATION OFFICE FOR FUNDING ASSISTANCE FOR THE DUWAMISH GARDENS ACQUISITION PROJECT, A WASHINGTON WILDLIFE. AND RECREATION PROGRAM (WWRP) PROJECT, AS PROVIDED IN CHAPTER 79A.15 RCW, "ACQUISITION OF HABITAT CONSERVATION AND OUTDOOR RECREATION LANDS." WHEREAS, the City has an approved Comprehensive Plan that includes the "Duwamish Gardens Acquisition Project," and the Tukwila City Council considers it in the best public interest to complete the project; and WHEREAS, under the provisions of WWRP, State 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 Public Works Director is hereby authorized to make formal application to the Recreation and Conservation Office for funding assistance for the Duwamish Gardens Acquisition Project. 2. Any funding assistance received is to be used for implementation of the Duwamish Gardens Acquisition Project. 3. The City hereby certifies that its share of the project funding is committed and will be derived from the City's Parks and Recreation 301 Fund. 4. The City acknowledges they are responsible for supporting all non -cash commitments to the sponsor share should they not materialise. 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 Gardens Acquisition Project and be retained in such use in perpetuity unless otherwise provided and agreed to by the City of Tukwila and the Recreation and Conservation Funding Board. 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. PASSED BY THE CITY 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: C:\Documents and Settings\All Users \Desktop\ Kell} MSDATA\Resolutions \W WRP.doc RL:ksn 7/1o12008 Page 1 of 1 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2008 to 2013 PROJECT: Duwamish Gardens LINE ITEM: 301.00.594.760. .35 PROJECT NO. 06 -DRO2 DESCRIPTION: Purchase and restore site as a salmon estuary and passive park. JUSTIFICATION: This project is included in the WRIA 9 Salmon Recovery Plans efforts to acquire and restore 20 -acres within the Duwamish estuary. STATUS: Project moved to Parks 301 Fund in 2008 from Surface Water. First phase is acquisition only. Second phase will create off channel salmon habitat and passive park. MAINT. IMPACT: Once site is restored, approximately 100 staff hours per year. Grants includes State Salmon Recovery Funding Board (SRFB) $311,000, WRIA 9 King Conservation District COMMENT: $15,000 $225,000, KC Conservation Futures 2006 $350,000, WA State Aquatic Lands $457,521, WA State Earmark $1,400,000 and Proposed is KC Conservation Futures 2007 for $350,000. FINANCIAL Through Estimated (in $000's) 2006 2007 2008 2009 2010 2011 2012 2013 BEYOND TOTAL EXPENSES Design 100 50 150 Land (R/W) 2,059 2,059 Const. Mgmt. 200 200 Construction 800 800 TOTAL EXPENSES 0 0 2,159 50 1,000 0 0 0 0 3,209 FUND SOURCES Awarded Grant 1,759 1,000 2,759 Proposed Grant 350 350 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 0 0 50 50 0 0 0 0 0 100 TOTAL SOURCES 0 0 2,159 50 1,000 0 0 0 0 3,209 Project Location °zi 5. N i s\I _ft cc 4 1 VO t! ti S A iilte -t D D %kr s o m i- Lo m J q 1 s i 1 6 1 N 6 SI72. 12 Li 11 128 r 4, his S 30 St g J 23 Utilities Committee Minutes July 7 2008 Page 2 Asset Management o Inventory all City -owned facilities and systems. o Identify a dedicated utility revenue source for infrastructure replacement. National Pollutant Discharge Elimination System (NPDES) o Complete implementation of NPDES Surface Water Management Plan and compliant procedures. o Consideration of rate impact. Once these items have been researched further by staff, a respective analysis will be presented at a future Committee meeting for discussion. If recommended by the Committee, this information may be forwarded to a future Committee of the Whole for discussion. It appears as if discussions on these policy related issues would fit appropriately into the budget process as such policies are identified and prioritized by the City Council. DISCUSSION ONLY. C. Duwamish Gardens Acauisition Staff is seeking full Council approval for a resolution supporting a grant application for property acquisition of the Duwamish Gardens site (also referred to as Carasino Farm) to Washington Wildlife and Recreation Program (WWRP). Under usual circumstances, information regarding this item would be (and has been) heard at the Community Affairs and Parks Committee; however, WWRP is requiring a resolution supporting the property acquisition prior to July 28. Grant presentations for WWRP are scheduled for the week of July 28. This time constraint does no allow for ample time to proceed through the usual committee assignment and is being heard at the Utilities Committee. The WWRP grant application is for $245,000 and will assist in funding for the acquisition of Duwamish Garden site property pending the acceptance of the City's offer and due diligence on the property. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW FOR DISCUSSION. M. MISCELLANEOUS Meeting adjourned at 5:55 p.m. Next meeting: Monday, July 21, 2008 5:00 p.m. Conference Room No. 1. C:4 committee Chair Approval Mints by KAM. Reviewed by GL. COUNCIL AGENDA SYNOPSIS J�.TfILA 0 i 12 Il i11/1 No. t Meeting Date f Prepared by 1 ilVIayor'.r review I Council review w; lip= 1 7/14/08 P- a,[ p. 1 I 7/21/08 1 PBC .~i 14 1 1 1 ITEM INFORMATION CAS NUMBER: 08-091 I ORIGI IAL AGENDA DATE: JULY 14, 2008 AGENDA ITEM TITLE Cascade Water Alliance Membership Audit Acceptance Agreement CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 7/14/08 Mtg Date 7/21/08 Meg Date Mtg Date Mtg Date Mtg Date !vItg Date: SPONSOR Council Mayor Adrn Svcs DCD Finance Fire Le P&.R Police PW SPONSOR'S Cascade Water Alliance (CWA) has completed each member's water audit agreement. These SUMMARY water audits outline the supply relationship between CWA and its members. The City of Tukwila does not have an independent supply source for water as we purchase all of our wholesale water from CWA (currently Seattle water through the Cascade Block). Tukwila's audit documents the specific parameters of all of Tukwila's water delivery points in different locations throughout the City. REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte BY U tilities Cmte ❑Arts Comm. ❑Parks Comm. El Planning Comm. DATE: 07/07/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign Agreement with CWA. CotiMirIn E Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED N/A N/A Fund Source: Comments: MTG. DATE J RECORD OF COUNCIL ACTION 07/14/08 I 07/21/08 MTG. DATE ATTACHMENTS 07/14/08 Information Memo dated July 1, 2008 (revised after UC meeting) Agreement with CWA with Exhibit A (audit) Utilities Committee Meeting Minutes from 7/07/08 07/21/08 Highline water district intertie Water district 75 intertie Water district #75 intertie INFORMATION MEMO To: Mayor Haggerton From: Public Works Director Date: July 1, 2008 (J Subject: Cascade Water Alliance (CWAI Member Water Audit Agreement ISSUE Cascade Water Alliance's Water Audit Agreements are to be approved and executed by each member agency. BACKGROUND After many long years of negotiation and hard work by member staff and elected officials who serve on Cascade's Resource and Planning Committee, each member's water audit agreement, as required by the interlocal contract, is ready for execution. Tukwila's contract with CWA specifies the parameters at all of Tukwila's delivery points, including the minimum and maximum hydraulic gradient (in feet) that can be supplied from the wholesale system, as shown in the attached Member Water Audit (Exhibit A). Compared to other wholesalers, the City of Tukwila's long -term drinking water supply is in very good shape. This is due, in part, because our water system is intertied with Kent, Renton and Highline Water Districts. Other options are being analyzed, such as wheeling, which is when water is conveyed from one system to another, such as if we purchase water from Tacoma and it has to pass through Kent's water system to arrive in Tukwila. Another initiative that will slow Tukwila's demand for potable water is our partnership with King County Department of Natural Resources via the Renton Wastewater Treatment Facility in the form of Class A reclaimed water. This is a very unique situation when compared to the remainder of King County. RECOMMENDATION Authorize the Mayor to sign CWA Water Alliance Member Audit Agreement. Attachment: Membership Audit Acceptance Agreement with Exhibit A City of Tukwila Member Water Audit P: \Utilities Info Memo\Info Memo UC 070208 Cascade Audit Agreements.doc MEMBERSHIP AUDIT ACCEPTANCE AGREEMENT Between CASCADE WATER ALLIANCE And CITY OF TUKWILA MEMBER May 23, 2008 Cascade Water Alliance "Cascade and the City of Tukwila "Tukwila enter into this Membership Audit Acceptance Agreement (the "Audit Agreement with respect to Tukwila's public water system. Article I: Authority Audit Predicate Audit Definitions Section 1.1 Authority. Article V, Section 5.2.2 of the Cascade Water Alliance Amended and Restated Interlocal Contract, dated December 15, 2004, (the "Interlocal requires an audit of each Member's water system and Independent Supply, if any, for the purposes of (1) determining Cascade's supply obligation to that Member, (2) recognizing when the Member has lost Independent Supply, and '(3) allocating credits against the Member's Regional Capital Facility Charge for its Independent Supply. Section 1.2 Audit Predicate. Cascade's supply obligations (water quantity and quality) and related supply obligations and the Member's obligations concerning planning, conservation, shortage management, Independent Supply, and payment of Rates and Charges are established by the Interlocal. This Audit Agreement is intended to implement, not modify the Interlocal, and nothing herein shall change the benefits or obligations of a party to the Interlocal. Section 1.3 Audit. This Audit Agreement incorporates and adopts the audit of Tukwila's public water system, dated May 23, 2008, performed by Cascade Water Alliance (the "Audit The Audit was performed according to a methodology adopted by the Board of Directors of Cascade (the "Board") in Resolution No. 2008 -04. The original Audit is on file with Cascade. A true and accurate copy is attached hereto as Exhibit A. Section 1.4 Definitions. Capitalized terms not otherwise defined in this Agreement shall have the meaning assigned to them in the Interlocal. The following words have the following meanings when used in this Agreement: a) Production Requirement The quantity (seasonal and annual) of water a Member is required to supply from its Independent Supply as established by the Audit and set forth in Section V of Exhibit A. b) Failure to meet Production Requirement A Member's voluntary or involuntary failure to meet Production Requirements and so declared by a resolution of the Board. c) Loss of Supply A Member's permanent Failure to Meet Production Requirements, or a portion thereof, and so declared by a resolution of the Board. Article II: Independent Supply The Audit accurately identifies and quantifies Tukwila's Independent Supply for the purpose of establishing Cascade's supply commitment to Tukwila. Audit Acceptance Agreement Page 2 of 7 May 23, 2008 Article 111: Supply Commitment Cascade's supply commitment, as provided in the Interlocal and further defined by the Audit, shall be implemented through the Points of Delivery that are identified in Exhibit A. Article IV: Wheeling All existing wheeling arrangements between Members or between Members and non- members as described in Exhibit A shall remain in effect. For future wheeling arrangements, Cascade shall pay wheeling charges when, in the judgment of the Board, a wheeling arrangement represents a cost effective way to provide water to a Member or non member. Article V: Points of Delivery Section 5.1 Cascade shall either own, or by contract with Seattle, have wholesale master meters at all points of delivery of the regional transmission system as set forth in Exhibit A. Section 5.2 Costs related to installation of future wholesale master meters initiated by Cascade shall be borne by Cascade. The cost of installing any future wholesale master meters not initiated by Cascade and not listed in Exhibit A shall be charged pursuant to Cascade's fiscal policies to the entity (Member or non member) receiving the water. Section 5.3 The hydraulic gradients for the points of delivery are established in Exhibit A. A Member may request changes to such hydraulic gradient(s) to avoid adverse impacts to their distribution system. Cascade shall assume the initial cost of any adjustments required at the Member supply connection to match the defined range. Cascade shall also assume the initial cost of any adjustments (within the Member's distribution system) resulting from changes to the defined hydraulic gradient range caused by Cascade. Thereafter, the cost of any subsequent adjustments shall be bome by each individual Member. Under emergency conditions or other unusual short -term operating situations, Cascade shall not be obligated to meet minimum hydraulic gradients. Article VI: RCFC Credits Independent Supply Production Requirements Loss Section 6.1 Award of Credits. According to the Audit, Tukwila is entitled to and shall have 0 credits against the Regional Capital Facilities Charge. Section 6.2 Production Requirements Waiver 6.2.1 Tukwila accepts the Audit and the Production Requirement established by the Audit and set forth in Exhibit A, and agrees to produce water from its Independent Supply in an amount at least sufficient to meet its Production Requirements. Audit Acceptance Agreement Page 3 of 7 May 23, 2008 6.2.2 The Board may temporarily modify or waive Production Requirements when: a. the modification or waiver will not result in any increased demand upon CnQrr•la nr any increased Cost to Cascade; b. the modification or waiver is based upon unforeseen events such as equipment failure, natural disaster, or other situation that could not have been reasonably foreseen by Member(s); c. the modification or waiver is based upon a planned temporary interruption of production as might be needed to perform routine maintenance or modification to a Member's system, the impacts of which have been coordinated in advance with Cascade; d. the modification or waiver is warranted by considerations of equity and fairness as determined in the sole discretion of the Board; e. the modification or waiver is based upon an agreed demand mitigation plan submitted by a Member and accepted by the Board; or f. The modification or waiver is in effect only for a specified and limited (not to exceed one year) period of time. Section 6.3 Production Requirements Administration and Enforcement. Production Requirements shall be administered and enforced as follows: 6.3.1 Cascade will monitor Members' Independent Supply and Cascade's supply to Members through the collection of necessary reports and data. Cascade will evaluate Independent Supply production relative to Production Requirements and periodically report to Members on status. The frequency of such reports will be determined by practical timeframes for receipt and compilation of necessary data from regional and local sources. If a Member fails to meet Production Requirements, Cascade will notify the Member and the Board as soon as practical. 6.3.2 Each year, Cascade will periodically assess the supply and demand situation to determine whether Production Requirements may be waived or reduced based on a finding of surplus in water supply capacity or capability relative to demands. In the event of shortage conditions invoking shortage response, Cascade will work with Members to maximize those Members' reliance on Independent Supply while recognizing that concurrent demand reductions may cause de facto reductions in the ability to put Independent Supply to full productive use. 6.3.3 The Production Requirement shall be reduced pro rata to reflect a reduction in demand levels in any year. For this purpose, Cascade shall determine the actual Cascade usage per CERU for its collective Members, divide this usage by the standard usage per CERU established and used by Cascade, and multiply this ratio times the Production Requirement. This shall be done separately for annual and peak season demands and Production Requirements. 6.3.4 Shortfalls in production that are not waived by the Board or otherwise satisfied by any of the foregoing shall be documented by a resolution of the Board that shall impose penalties according to a graduated series of financial surcharges and operational sanctions, as follows: Audit Acceptance Agreement Page 4 of 7 May 23, 2008 Cascade Actions for Member Shortfall in Independent Supply Production Financial Response Frequency (applies to volume of shortfall) Operational Response Peak Season Annual Shortfall Shortfall 9 occurrence in None None Cascade notifies Member and 20 -year rolling Board adopts resolution period declaring production failure 2nd occurrence in Surcharge equal Surcharge equal Cascade notifies Member and 20 -year rolling to 25% of to 5% of Board adopts resolution period Cascade's Cascade's declaring 2 production failure, average cost per average cost per imposing penalties, and ccf delivered* ccf delivered* detailing consequences of further failures 3' and subsequent Surcharge equal Surcharge equal Cascade notifies Member and occurrences in 20- to 200% of to 80% of Board adopts resolution year rolling period Cascade's Cascade's declaring 3` production failure, average cost per average cost per imposing penalties, and ccf delivered* ccf delivered* warning that a.fourth failure will be deemed a Member declaration of "loss of supply" "average cost per ccf delivered" is defined as total annual Cascade Demand Share revenue divided by total annual Cascade volume delivered. Provided that only one occurrence of a shortfall in Independent Supply Production may be declared per year, and provided further that in the event of multiple shortfalls in the same year (e.g. both peak season and annual shortfalls), the financial penalty shall be the greater of the calculated penalties. 6.3.5 A resolution declaring a permanent Loss of Supply shall be adopted by the Board upon the 4 occurrence of a Failure to Meet Production Requirements in a 20 year rolling period. 6.3.6 Whenever a resolution declaring a Loss of Supply has been adopted by the Board, (a) the Member shall concur in the declaration of Loss of Supply and formally request an additional Full Supply Commitment from Cascade in accordance with Section 5.2.2 of the Interlocal; (b) Cascade shall, at the Member's expense, perform an audit according to the approved audit methodology to quantify Cascade's additional Full Supply Commitment to the Member; and (c) Cascade shall impose, by resolution of the Board, the applicable annual financial penalties provided for in Section 6.3.4 of this agreement for that Loss of Supply, until the Member submits to Cascade a formal request for an additional Full Supply Commitment according to the Interlocal. 6.3.7 Whenever a Member experiences a Loss of Supply, that Loss of Supply shall be documented in a resolution of the Board and copy provided to the Member. The resolution shall Audit Acceptance Agreement Page 5 of 7 May 23, 2008 state the basis for the Board's declaration. A resolution declaring a Loss of Supply may be rescinded upon a showing satisfactory to the Board of replacement of lost supply consistent with the requirements of the Interlocal. ARTICLE VII: General Section 7.1 Integrated Agreement. This Agreement implements provisions of the Interlocal and shall be construed and interpreted to that effect; otherwise, this document and all attachments integrates all prior oral and written representations between the parties and is the complete agreement between Cascade and Tukwila concerning the Audit of Tukwila's public water system. Section 7.2 Amendment. Except as otherwise provided, this Audit Agreement may be amended only in writing and only if such writing is signed by the Member and by Cascade; provided, however, an approved water system plan that modifies the Member's service area shall amend the service area described in Section 2.1 pending a further Audit of the Member's public water system in accordance with the Interlocal. Section 7.3 Interpretation and Venue. This Audit Agreement shall be interpreted and construed according to the laws of the State of Washington; provided that the Interlocal, the Audit, and applicable Cascade resolutions may be consulted as aids to interpretation and construction. Any action to enforce this Agreement shall be brought in King County, Washington. Section 7.4 Effective Date. This Audit Agreement shall be effective on the date that it is approved by resolution of the Board. CASCADE WATER ALLIANCE By: Date Chair, Board of Directors Attest: Date Secretary, Board of Directors Audit Acceptance Agreement Page 6 of 7 May 23, 2008 MEMBER By: Date Mayor or City Manager or President of Commissioners Attest: Date Audit Acceptance Agreement Page 7 of 7 May 23, 2008 EXHIBIT A MEMBER WATER AUDIT CITY OF TUKWILA PREPARED FOR CASCADE WATER ALLIANCE May 23, 2008 Section I: Purpose Background This water audit outlines the supply relationship between Cascade Water Alliance (Cascade) and its Members, documenting each Member's official service area and independent supply sources. As a condition for membership in Cascade, Members with independent supply sources participated in a water system audit in 1999. The audit included a review of Member -owned independent supplies, which resulted in an award of independent supply credits for use against future Regional Capital Facilities Charge (RCFC) payments. The prior audits were conducted on the premise that Cascade would commence operation and supply delivery in 2000 however, Cascade did not begin delivering water until 2004. Cascade has recognized the need to update the prior audits for Members with independent supply sources to establish Member obligations to produce water from independent supplies, and to define RCFC credits (redeemable beginning in 2008). This document has been prepared in accordance with Article V, Section 5.2.2 of the Amended and Restated Cascade Interlocal Contract (dated December 15, 2004), which authorizes Cascade to conduct audits of the independent supplies of its Members at any time. Given that the City of Tukwila does not have any independent supply sources of its own, the primary purpose of this audit is to document the supply relationship between the City and Cascade. Section II: Utility Description The City of Tukwila is a municipal corporation that owns and operates a public water system serving customers inside its water service area. Table 1 summarizes information pertinent to the City's water system: Table 1: General Water System Information City of Tukwila Water System Name: City of Tukwila Water System ID No: 89500F Water System Classification: Group A Community Type Type of Ownership: Local Government Owner No: Address: 600 Minkler Boulevard System Contact Person: Operations Manager CERU Count as of 12/31/04: 8,732 Sources of Information: Cascade City Records Section 2.1 Service Area The City of Tukwila is bounded by the City of Seatac on the west, the City of Seattle on the north, the City of Renton on the east, and the City of Kent on the south. Tukwila's current and future service area, city boundary, and other adjacent purveyor service areas are shown on Figure 1. The City purchases wholesale water from Cascade (currently Seattle water through the Cascade Block) to serve its customers. In addition to this, the City holds agreements with several non Members that allow it to acquire additional supply in the event of an emergency. 2 Section 2.2 Pre Existing Service Commitments to Non Members The City does not have any pre existing service commitments to non members. Section 2.3 Distinguishing Characteristics Considerations The following considerations are unique to the City of Tukwila's water system: The City holds a surface water right, but that water right is used exclusively for golf course irrigation and is not part of Tukwila's drinking water distribution system. In addition, the City has a reclaimed water program for irrigation and industrial uses. This program has value to Cascade, as it mitigates potable water demand during peak periods. Section 11I: Supply Commitment Section 3.1 Delivery Points The specific Points of Delivery are identified in Figure 1 (see page 2). The location of each Point of Delivery is listed in Table 2 and is the Points of Delivery as defined by the Member agency at the time the water audit was finalized. TABLE 2 TABLE OF DELIVERY POINTS HYDRAULIC GRADIENT (Ft) LOCATION JURISDICTION STA NO TYPE Minimum Maximum South Center Parkway Tukwila Parkway Tukwila 13 460 490 SUPPLY Christensen Road Baker Rd. Tukwila 15 460 490 SUPPLY 53rd Avenue S S 160th Street Tukwila 16 460 490 SUPPLY E Marginal Way S 112th Street Tukwila 168 445 490 SUPPLY 51st Avenue S S Leo Street Tukwila 169 455 490 SUPPLY W Marginal Place S 102nd Street Tukwila 170 300 490 SUPPLY eJ�w19sz, City of Tukw s y'. o a Utilities Committee OP rsos UTILI'T'IES COMMITTEE Meeting Minutes July 7, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Verna Griffm, Chair; Joan Hernandez, and Kathy Hougardy Staff: Jim Morrow, Frank Iriarte, Mike Cusick, Bob Giberson, Ryan Larson, Gail Labanara and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Committee Chair Griffm called the meeting to order at 5:01 p.m. I. PRESENTATIONS No Presentations. II. BUSINESS AGENDA A. Cascade Water Alliance Member Audit and Audit Acceptance Agreement Staff is seeking full Council approval to enter into a Member Water Audit Agreement with Cascade Water Alliance (CWA). As a member of Cascade Water Alliance, this audit agreement is required as part of our existing interlocal agreement with CWA. Since the City of Tukwila does not have an independent water supply source of its own, the main purpose of the audit agreement is to identify Tukwila's water delivery points which document the supply relationship between the City and CWA. i r Staff clarified that in the original Committee agenda packet, two copies of the agreement were inadvertently included. Additionally, page 3 and 4 of the agenda packet were inserted incorrectly. Those pages are actually Exhibit A as referenced on page 6 of the packet, Section 1.3. All items will be inserted in the correct order for the packet that goes to full Council. Committee members have suggested providing the definition of wheeling in the informational memo submitted to full Council. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW FOR DISCUSSION. B. Utility Policy Issues In a recent Council meeting, Mayor Haggerton (see Council minutes dated June 23, 2008) suggested that policy should drive the budget; the budget should not be driving policy. He recommended that Council outline their short term and long range policies. Based on these suggestions, staff has identified a list of possible policies relative to utilities that could impact both the budget and Capital Improvement Program. After a lengthy discussion, Committee members identified three areas for further staff research and analysis: Enterprise Fund Budget Water, Sewer and Surface Water o Establish reserve amounts for project contingencies and emergencies. o Consider basing sewer rates on actual consumption. Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. Iu j 7 14 21 28 4°' Independence Special Presentation: Special Issues: Day See agenda packet Home Street Bank Tukwila Village (City offices closed) cover sheet for this contribution to developer week's agenda Macadam Winter presentation (July 14, 2008 Garden project Committee of the Whole S ecial Olympics Meeting) P YmP medal presentation Public Hearing: Walk and Roll Plan Unfinished Business: Interlocal cooperation agreement regarding CDBG program Walk and Roll Plan 2008 Comprehensive Plan amendments Second amendment to development agreement with WEA Southcenter Sale and distribution of reclaimed water commodity wholesale agreement Reclaimed water line extension project/ interlocal agreement Riverton Creek Flap Gate Removal Project grant agreements Resolution authorizing application for funding assistance for property acquisition of the Duwamish Gardens site Cascade Water Alliance member water audit /audit acceptance agreement A ugust 4 11 18 25 Public Hearine: Special Issues: Special Presentation: Bow Lake Transfer Tukwila Village Sound Transit update Station UUP discussion regarding regarding permanent (quasi-judicial) developer station and parking (Paul Unfinished Business: Presentations Cornish, Project Manager, Bow Lake Transfer Budget "think tank" Sound Transit) Station UUP discussion Unfinished Business: Tukwila Village Tukwila Village developer developer selection presentation Ir Upcoming Meetings Events JULY 2008 14th (Monday) 15th (Tuesday) 16th (Wednesday) 17th (Thursday) 18th (Friday) 19th (Saturday) Community Transportation Crime Hot Spots Domestic Summer Outdoor Council Coffee Affai. Cmte, Task Force Mtg., Violence Chat Parks Cmte 5:00 PM 10:00 AM Task Force, Concert and Cinema 9:00 to 11:00 AM CANCELLED (CR 61) (CR 65) 12:00 NOON Series (CR r5) g;;;\ Music City Council Parks Commission, begins at Committee 5:30 PM 6:30 PM and movie Tukwila svila starts at dusk. FREE! of the Whole (Community Center) Ki,., Mtg., Society, Join the fun at the Stop by and 7:00 PM 7:00 PM Tukwila Community informally talk with a (Council Community (Lee lion Center. Tukwila City Chambers) Meeting on to 5c This week: Councilmember Tukwila Village drd t, ,.;,.:.A Music by about anything on 6:00 to 8:30 PM es11 Jim Valley (at 6:30) and your mind regarding Family Fun (Foster High School Pat Brcdin Soulfish (7:45) Tukwila. Night Commons) x`206 This week: 6:00 to 8:00 PM !33 1861) Movie: F oster Golf Links Tukwila Iiirgli�i.Hi Daddy Day Camp" Clubhouse at CANCELLED 13500 Interurban Community For more information Center call 206 -768 -2822 Ave. SI per person This week: Listen to presentations C.A.S.T.T. performances Bunco Night from the two interested (Community Actors' Sumner Theatre in Tukwila) developers, ask July 18 and 19 questions, and give a 7:00 PM your input. Foster Performing Arts Center Admission is FREE, but canned food will be Library Advisory collected at the door for the Tukwila Food Board, 7:00 PM Pantry. For more info call 206-767-2342. (Foster Library) 21st (Monday) 22nd (Tuesday) 23rd (Wednesday) 24th (Thursday) 25th (Friday) 26th (Saturday) Utilities Finance COPCAB, Joint City A weekend of grand Council Coffee Cmte, Safety Cmte, 6:30 PM Council opening festivities at Chat 5:00 PM 5:00 PM (CR 65) Planning Westfield Southcenter 9:00 to 11:00 AM (CR €1) (CR 63) Commission begins at 9:30 AM This week: meeting, Foster Golf Links 6:00 PM City Council (Council Summer Outdoor Clubhouse at Regular Chambers) Concert and Cinema 13500 Interurban Mtg., Subject: Series Ave. 7:00 PM DRAFT Music begins at 6:30 (Council Shoreline PM and movie starts at Highway 99 Chambers) Master Plan dusk FREE! Join the Trash Pickup Day fun at the Tukwila 9:00 10:00 AM Family Fun Community Center. For location call Ni This week: Donna at Q nr Music by 206 -242 -5556 6:00 to 8:00 PM �P Tukwila Nancy Stewart Community (at 6:30) and "Shooting Stars Center The Islanders (7:45) Soccer Jamboree SI per person FREE! This week: Non- competitive Family Game II° 'i x 1 3 -v -3 soccer gams Show Night open to la ers of all Movie: pe play "Surf's Up" levels. Hosted by For more information Starfire Sports. Call call 206 431 -3232 for all206- 768 -2822 more information. 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 r3. 7/14/08 meeting has been cancelled Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room 65. Contact Phi Huynh at 206 -433 -7175. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room 45. Contact Evie Boylan or Stacy Hansen at 206 -433 -7180. 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. >Transportation Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 61. Agenda items for 7/15/08 meeting: (A) Green River Pedestrian Bridge Repairs. (B) Tukwila International Boulevard Phase I 11— Coordination Agreements. (C) Tukwila 205 Levee Site 5 Retaining Wall Construction Management Supplement No. 5 with KBA, Inc. Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860-