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HomeMy WebLinkAboutCOW 2008-05-12 COMPLETE AGENDA PACKET Tukwila City Council Agenda COMMITTEE OF THE WHOLE 1 Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pamela Linder 19008 8 Rhonda Berry, City Administrator Dennis Robertson Verna Griffin Joe Duffie, Council President Kathy Hougardy De'Sean Quinn To be followed by a Special Meeting Monday, May 12, 2008, 7 :00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL a. A Proclamation designating Peace Officers' Memorial Day. Pg.1 PRESENTATIONS b. Department of Community Development employee introductions: James Benner, Senior Electrical Inspector Stacy MacGregor, Assistant Planner Teri Svedahl, Administrative Support Assistant Mary Hulvey, Code Enforcement Officer Jaimie Reavis, Assistant Planner Dave Larson, Senior Plans Examiner 3. CITIZEN At this time, you are invited to comment on items not included COMMENT on this 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. 4. PUBLIC An ordinance renewing a six month moratorium on the filing of HEARINGS sign, development, and electrical permits for the installation and operation of electronic, animated, and holographic signs within the City. 5. SPECIAL a. An ordinance renewing a six month moratorium on the filing of Pg.3 ISSUES sign, development, and electrical permits for the installation and operation of electronic, animated, and holographic signs within the City. b. 2009 Minor Home Repair Program. Pg.13 c. Street Vacation Ordinances Sound Transit. Pg.19 d. Comcast Communications Conduit Agreement. Pg.33 e. 2008 Annual Drainage Program Design Consultant Selection Pg.43 and Agreement. f. Tukwila Village: Discussion on Request for Proposals (RFP). Pg.59 g. Contract with the Prothman Company for the services of Pg.85 Bob Noland as Interim Finance Director (see Special Meeting on page 2.) 6. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURN TO SPECIAL MEETING Tukwila City Council Agenda COMMITTEE OF THE WHOLE Monday, May 12, 2008 Page 2 SPECIAL MEETING Ord #2202 Res #1662 1. CALL TO ORDER ROLL CALL 2. UNFINISHED Authorize the Mayor to sign a contract with the Proman Pg.85 th BUSINESS Company for the services of Bob Noland as Interim Finance Director in the amount of $15,844 per month. 3. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433 1800/TDD 206 248 2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. f isiy s 4 is s-: •-i��+°+•.�, 1 ii.4aa�$ 44 t�'i4e °e o s 3 +�it;, i�yis ii 4 1$6 17 ;0 i 1 41:7$6 .�L�,�* aa,. ,;;::.�;1:i• i i ih;.,.:;, .;i Z;.. 41 Z y41: .∎21 V/50, ∎1:W Ao.# 1:# :i lx,i i �2::i� i, •a'ia S`''.4 1 1 ':1%..P."3' ;i t 4 i i .a SO O 2 A ...-41&t. fli e 61 Office or ,1/4..„ i 1331r� t. Tiukz 1908 P ROCLAMAT IUIN zt..-:, ff....-:,;-.., WHE t he Congress of the United States has designated the week of May 12 through May 18 "National Police Week" and Wednesday, May 14 as "Peace Officers' Memorial Day;" and s WHEREAS, the law enforcement officer i s our guardian of life and property; defender of the right to be free; leader in the war against crime; and dedicated to the preservation of life, liberty and the pursuit of happiness; and WHEREAS, our community joins with other cities and to to honor all peace officers everywhere; and WHEREAS, the Tukwila Police Department will remember and honor their '3 f fallen brother and sister officers by wearing a black band over their badges on May 14; and WHEREAS, the citizens of Tukwila designate May 14 as "Pe Officers' Memorial Day," when the flag at Tukwila City Hall shall be flown at half mast; .z Ar, .1 NOW, THEREFORE, I, Jim Haggerton, MAYOR of the City of Tukwila, ,:z do hereby proclaim Wednesday, May 14, 2008: P eace Officers' Memorial Day in Tukwila and urge all cit to remember those officers who gave their li ves serving the public. Signed this day of 2008. rl yor of Tukw 4 z H a gg er t �z 0.. it4: a i:4:� n• i.:1,11;: '∎:At','., a ,i'.''::i;. t.j ;;;;;;SO, a Al:: r 'j 4 ..,a :l'i,o, i'a �fii /s o -f fill f.. t0I '.'Viler i N� i A O i i O. j. P.! I .s s �o s o i i ..ei „I�� ,,r:.\��kp i.. A fe p .P- -"t r s t s i i�„ �a f. -.�s� 1 J. `•i0t! CO UNCIL AGENDA Siwosis s2' I ITEM NO. .-.i `j k%1l lbfeeting Date I Prepared b J} Mayor's review I _Council review 1 1 1 1% 05/12/08 I BM `uA t,�-- VL �_�`r 05/19/08 1 BM V 1906 1 1 1 ITEM INFORMATION I CAS NUMBER: 08-053 I ORIGINAL AGENDA DALE: May 12, 2008 AGENDA ITEM TITLE An ordinance renewing a moratorium on certain types of signage. CA IMGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 05/12/08 A'IIg Date Mtg Date Mtg Date 05/19/08 Ilhg Date Mtg Date 05/12/08 Mg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PIV SPONSOR'S On June 4, 2007 the City Council adopted Ordinance 2165 which established a 180 -day SUM MARY moratorium on the installation of animated and electronic signs within the City. The moratorium was renewed by Ordinance 2180, passed 11/19/07 (with an effective date of 11/26/07). The current moratorium will expire on May 26, 2008 and given the significance of allowing such signs within the City, staff proposes to renew the moratorium for an additional 180 -days. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1'E: 04/28/08 RECOMMENDATIONS: SPONSOR /ADMIN. Review and Approval COMIvIIrrEE Unanimous Approval; Forward to the Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 06/04/07 Council adopted Ordinance 2165 establishing a moratorium on certain types of signs 11/19/07 Council adopted Ordinance 2180, renewing the moratorium for 180 days 05/12/08 1 I I 1 MTG. DATE ATTACHMENTS 05/12/08 Informational memorandum dated 05/07/08 Ordinance in draft form Ordinance #2180, adopted 11/19/07, renewing the moratorium Minutes from the Community Affairs Parks Committee Meeting of 4/28/08 1 'N11LA i 0 2 Gi j Jim Haggerton, Mayor ti Department of Community Development Jack Pace, Director 1908 TO: Mayor Committee of the Whole FROM: Jack Pace, Director Brandon Miles, Sen Planner RE: Renewal of moratorium on certain types of signage DATE: May 7, 2008 Issue Should the City renew a six -month moratorium on the acceptance of sign permit applications for the installation of animated and electronic signs? Background On June 4, 2007 the City Council adopted Ordinance 2165 which established a 180 -day moratorium on the installation of animated and electronic signs within the City. The moratorium was renewed by the City Council on November 26, 2007. The current moratorium will expire on May 26, 2008. The City is in the process of updating the City's sign code and in February of 2008 the City Council adopted resolution 1656 which established a Sign Code Advisory Committee (Committee) to assist in the update. The first meeting of the Committee is scheduled for May 15, 2008. One of the work -items of the Committee will be to explore the issues related to animated and electronic signs. Community Affairs and Parks (CA) was briefed on the proposed renewal on April 28, 2008. CAP recommended that the item be forwarded to COW for consideration and to hold a public hearing. Next Step Planning staff recommends that the proposed ordinance renewing the moratorium be forwarded to the next regular scheduled meeting for adoption. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -3665 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEWING FOR AN ADDITIONAL SIX -MONTH PERIOD A MORATORIUM ON THE FILING OF SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF ELECTRONIC SIGNAGE WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code regulates signage within the City of Tukwila; and WHEREAS, on June 4, 2007, the City Council passed Ordinance 2165, which established a six-month moratorium on the filing of sign, development, and electrical permits for certain types of electronic signage within the City; and WHEREAS, on July 2, 2007, the City Council passed Ordinance 2170, adopting findings of fact to justify the moratorium established by Ordinance 2165; and WHEREAS, as part of the City's 2007 budget process the Department of Community Development identified the need to update Title 19, and $45,000 was earmarked for that purpose; and WHEREAS, as part of the update to Title 19, the City will study and amend its current regulations of electronic signs, animated signs, holographic displays and scoreboards, and study the traffic and safety concerns that may result from these types of signs; and WHEREAS, at a joint meeting held on October 25, 2007, the City Council and Planning Commission were updated by City staff regarding various sign code issues, and the Council believes that additional time is needed to complete the steps necessary for updating the City's sign code; and WHEREAS, on February 4, 2008, the City Council adopted Resolution 1656, which calls for the creation of a Sign Code Advisory Committee to assist the City in the sign code update process; and WHEREAS, the Mayor has selected the Committee members, and the first meeting of the Committee is scheduled for May 2008; and WHEREAS, the City has received and will continue to receive applications for signs that may conflict with the City's update to Title 19 and may pose a potential threat to public safety; and WHEREAS, the City desires to limit the number of signs that may be rendered nonconforming by an update to Title 19, thereby avoiding the need for a staged amortization program for the removal of such signs, which could pose a financial burden to business owners, property owners and the City; and C :\Documents and Settings\All Users \Desk top `Kelly‘_MSDATAIOrdinances\Sips Moratorium Renewal adoc BM:ksn 5812008 Page 1 of 2 WHEREAS, on November 19, 2007, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the continuation of the moratorium on the filing of permits related to animated, electronic, and holographic signs, and adopted Ordinance No. 2180, renewing the moratorium for an additional six- month period. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses above and those adopted by Ordinance 2170 are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Section 2. Moratorium Renewed. As established by Ordinance 2165, the moratorium is hereby renewed on the filing of sign, development and electrical permits for the erection, re- erection, construction, or alteration of any sign which would be classified as an "Electronic Sign" as defined under 'TMC 19.08.055; any sign which would be classified as an "Animated Sign" as defined under TMC 19.08.030; any sign which displays a "Holographic Display" as defined under TMC 19.08.105; and any sign considered a "Scoreboard" under TMC 19.08.195. Nothing in this moratorium shall be construed to prevent the maintenance of an existing sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." This moratorium shall not apply to any sign permit that was vested prior to the moratorium's enactment. Section 3. Term of Moratorium. The moratorium established by Ordinance 2165 and renewed herein shall take effect as set forth in Section 6 below, and shall continue in effect for six months thereafter unless repealed, modified or renewed by the City Council after a public hearing and entry of findings of fact. Section 4. Work Plan. The City is pursuing the preparation of the updated Tukwila Sign Code, using the additional time to address and analyze various issues regarding signage. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C.'.Documents and Settings \All Users\ Desktop \Kelly\MSDATA Ordinances \Sis_n Moratorium Renewal adoc BM:ksn 5 /8/2008 Page 2 of 2 City of Tukw Washington Ordinance No. �O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEWING FOR AN ADDITIONAL SIX -MONTH PERIOD A MORATORIUM ON THE FILING OF SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF ELECTRONIC SIGNAGE WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code regulates signage within the City of Tukwila; and .WHEREAS, on June 4, 2007, the City Council passed Ordinance 2165 which established a six -month moratorium on the filing of sign, development, and electrical permits for certain types of electronic signage within the City; and WHEREAS, on July 2, 2007, the City Council passed Ordinance 2170, adopting findings of fact to justify the moratorium established by Ordinance 2165; and WHEREAS, as part of the City's 2007 budget process the Department of Community Development identified the need to update Title 19, and $45,000 was earmarked for that purpose; and WHEREAS, as part of the update to Title 19, the City will study and amend its current regulations of electronic signs, animated signs, holographic displays and scoreboards, and study the traffic and safety concerns that may result from these types of signs; and WHEREAS, at a joint meeting held on October 25, 2007, the City Council and Planning Commission were updated by City staff regarding various sign code issues, and the Council believes that additional time is needed to complete the steps necessary for updating the City's sign code; and WHEREAS, the City has received and will continue to receive applications for signs that may conflict with the City's update to Title 19 and may pose a potential threat to public safety; and WHEREAS, the City desires to limit the number of signs that may be rendered nonconforming by an update to Title 19, thereby avoiding the need for a staged amortization program for the removal of such signs, which could pose a financial burden to business owners, property owners and the City; and WHEREAS, on November 19, 2007, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the continuation of the moratorium on the filing of permits related to animated, electronic, and holographic signs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. Findings of Fact. The "Whereas" clauses above and those adopted by Ordinance 2170 are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Macintosh HD:Users:staciaDesktop:Sign Moratorium Renewal.doc BMksn 11/152007 Page 1 of 2 Section 2. Moratorium Renewed. As established by Ordinance 2165, the moratorium is hereby renewed on the filing of sign, development and electrical permits for the erection, re- erection, construction, or alteration of any sign which would be classified as an "Electronic Sign" as defined under Tlv1C 19.08.055; any sign which would be classified as an "Animated Sign" as defined under TMC 19.08.030; any sign which displays a "Holographic Display" as defined under TMC 19.08.105; and any sign considered a "Scoreboard" under TMC 19.08.195. Nothing in this moratorium shall be construed to prevent the maintenance of an existing sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." This moratorium shall not apply to any sign permit that was vested prior to the moratorium's enactment. Section 3. Term of Moratorium. The moratorium established by Ordinance 2165 and renewed herein shall take effect as set forth in Section 6 below, and shall continue in effect for six months thereafter unless repealed, modified or renewed by the City Council after a public hearing and entry of findings of fact. Section 4. Work Plan. The City is pursuing the preparation of the updated Tukwila Sign Code, using the additional time to address and analyze various issues regarding signage. Section 5. Severability. 1f any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided bylaw. PASSED BY THE CITY COUNCIL OF THE CITY OF TU' I�WILA, WASHINGTON, at a Regular Meeting thereof this i <i day of 111 4 \l0rr\ o, 2007. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor J E. Cantu, di City Clerk Filed with the City Clerk: I 1 -1 LI -037 APPROe-BSS 0 F RM BY: Passed by the City Council: j ,i Published: 1/ ti 0 '7 Effective Date; J /o D 7 Office of the ty Attorney Ordinance Number: i PO Macintosh HD:lisers:stacia:Desktop:Sign Moratorium Renewal.doc BM:ksn 11/15/2007 Page 2 of 2 J f� w9 City Tukw y a v ti s... Community Affairs and Parks Committee rsos COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes April 28, 2008 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De' Sean Quinn Staff: Evie Boykan, Bruce Fletcher, Moira Bradshaw, Rhonda Berry and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Chair Hernandez called the meeting to order at 4:58 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Minor Home Repair Program for 2009 Staff is seeking Council authorization to submit the 2009 Community Development Block Grant application requesting $75,000. The City's application proposes to continue the Human Services Minor Home Repair Program for Tukwila as well as the fiscal management of similar programs for the cities of SeaTac and Des Moines. As with the 2008 application, incorporation of three cities into one application makes our request more competitive against other projects. The funding for this program is not a guarantee. Evie explained that this program predominantly serves the lowest income homeowners, allowing repairs that may not normally be completed. The program assistance generally falls into one of two categories, preventative maintenance or repairs. Additionally, the program only serves single family homeowners. UNANTh'IOUS APPROVAL. FORWARD TO MAY 12 COW FOR DISCUSSION. B. Parks and Open Space Plan Bruce Fletcher stated that staff had set an aggressive timeline for the review and adoption of the new Park, Recreation and Open Space Plan due to a grant deadline with the Washington State Recreation Conservation Office [RCO; formerly known as the Office of Interagency Committee (IAC)]. However, it has been determined that it would be most beneficial to the City and the Plan to approach the review a bit slower. Staff has requested a two month adopted plan extension from the RCO which is currently due June 1. A draft plan was not available for distribution to the Committee. Staff should have a draft document to the Committee for review within a week and a half. This item will return to the Community Affairs and Parks Committee for discussion on May 12. Bruce discussed two items in the draft plan including park impact fees and results of a mail out/phone back survey. RETURN TO MAY 12 COMMUNITY AFFAIRS AND PARKS COMMITTEE. C. Renewal of Sian Code Moratorium Ordinance The current moratorium on animated and electronic signs will expire on May 26, 2008. Staff is 4.,,.... requesting that the moratorium be extended for an additional 180 days due to the recent formation of the Sign Code Advisory Committee. This will be the second renewal of the moratorium (see Council minutes dated 06/040/7 and Community Affairs and Parks Committee minutes dated 10/23/07). UNANIMOUS APPROVAL. FORWARD TO MAY 12 COW FOR DISCUSSION. .TI ►�A, w COUNCIL AGENDA SYNOPSIS Initials ITEM NO. J(i `j 0 Itileetitzg Date Prepared by 1 Mayor's review I Council review 1 a• "U `o I 05/12/08 I EB I •h, �°I_k I 05/19/08 I EB I I U rsoa I I I ITEM INFORMATION I CAS NUMBER: 08-054 I ORIGINAL AGENDA DATE: MAY 12, 2008 AGENDA In:MTrnm Authorization for Mayor to sign application for 2009 Minor Home Repair program for the cities of Tukwila, SeaTac and Des Moines CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Altg Date 05/12/08 Altg Date 05/19/08 Altg Date Altg Date Mtg Date Mtg Date Mtg Date SPONSOR Counci l Ma yor Adr�z Svcs DCD Finance Fire Legal (i P&R Police PIV SPONSOR'S Applications for 2009 Housing and Urban Development Community Development Block SUMMARY Grant Funds are due to the Council by the end of May. The program is managed through the Office of Human Services, and serves low and moderate income homeowning residents. REVIEWED BY U COW Mtg. CA &P Cmte F &S Cmte U Transportation Cmte El Utilities Cmte Arts Comm. fl Parks Comm. Planning Comm. DA Ih: 04/28/08 RECOMMENDATIONS: SPONSOR /ADMIN. Council review and authorize Mayor's signature COMMITTEE Unanimous approval; forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: CDBG Comments: City must expend the budget first (proposed $75,000) and then seek reimbursement from King County, MTG. DATE I RECORD OF COUNCIL ACTION 5/12/08 MTG. DATE I ATTACHMENTS 5/12/08 1 Informational memorandum dated 5/12/08 HUD Income Guidelines Minutes from the Community Affairs and Parks Committee meeting of 4/28/08 MEMORANDUM E M DATE: 5/12/08 TO: CITY COUNCIL CC: MAYOR'S OFFIC FROM: EVIE BOYKAN, HUMAN SERVICES RE: MINOR HOME REPAIR APPLICATION FOR 2009 King County has started their application process for 2009 Community Development Block Grant dollars. Applications are due to the County by the end of May. In order to complete our application, we will need City Council's authorization for Mayor's signature. We propose continuing to manage this program on behalf of the cities of Des Moines, SeaTac and Tukwila. While administratively heavy, we are better equipped than the other cities to manage the program. We propose asking for $75.000 to serve the three cities. Last year the City served 23 households with $22,668. This included 17 senior residents and 6 residents with disabilities. The program successfully assisted very low income homeowners who needed assistance in maintaining their homes. Client satisfaction as measured by an end of year survey was high. Please let me know if you have any questions. 2008 HUD INCOME GUIDELINES Median Family Income $81,400 Effective February 13, 2008 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY LOW MODERATE-. SIZE LOW- INCOME INCOME INCOME 1 317,100 328,500 343,050 2 $19,500 332,550 $49,200 3 321,950 $36,650 355,350 4 324,400 340,700 361,500 5 326,350 343,950 366,400 6 328,300 347,200 371,350 7 330,250 350,450 $76,250 8 332,200 353,700 381,200 2. The definition of family shall include all persons living in the same household who are related by birth, marriage or adoption and includes dependent children living away from home. The definition of income includes all sources of income required to be reported on Internal Revenue Service Form 1040. 3. Income guidelines may be adjusted periodically by HUD. The Agency agrees to use updated income guidelines that shall be provided by the County. The County shall provide the updated guidelines to the Agency electronically or by hard copy. 4. Services provided with funding under this Exhibit may be limited to residents of Tukwila, SeaTac and Des Moines. 5. Services shall be provided on a first come, first served basis with safety and health issues prioritized. 6. Eligible clients must have lived in their home for at least one year. E. Definitions 1. Disabled person is an adult who has severe disabilities based on the Bureau of the Census definition. 2. Elderly person is an individual who is 62 years or older. 3. Emergency repair includes activities that protect, repair or arrest the effects of disasters, imminent threats or physical deterioration that pose an imminent danger to life, health or safety. 4. Routine maintenance includes activities that merely keep a structure in good operating condition; such activities do not add to the value of the structure, appreciably prolong its useful life, or adapt it to new uses. 5. Unit of service is a minor home repair, measured by unique job or repair hour that is undertaken in a client's home. City of Tukwila Page 2 of 6 2008 Contract Exh 111 ,SOM, y Cit o f Tukwila Community Affairs and Parks Committee J lV. J COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes April 28, 2008 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De' Sean Quinn Staff: Evie Boykan, Bruce Fletcher, Moira Bradshaw, Rhonda Berry and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Chair Hernandez called the meeting to order at 4:58 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Minor Home Renair Program for 2009 Staff is seeking Council authorization to submit the 2009 Community Development Block Grant application requesting $75,000. The City's application proposes to continue the Human Services Minor Home Repair Program for Tukwila as well as the fiscal management of similar programs for the cities of SeaTac and Des Moines. As with the 2008 application, incorporation of three cities into one application makes our request more competitive against other projects. The funding for this program is not a guarantee. Evie explained that this program predominantly serves the lowest income homeowners, allowing repairs that may not normally be completed. The program assistance generally falls into one of two categories, preventative maintenance or repairs. Additionally, the program only serves single family homeowners. UNANIMOUS APPROVAL. FORWARD TO MAY 12 COW FOR DISCUSSION. B. Parks and Onen Snace Plan Bruce Fletcher stated that staff had set an aggressive timeline for the review and adoption of the new Park, Recreation and Open Space Plan due to a grant deadline with the Washington State Recreation Conservation Office [RCO; formerly known as the Office of Interagency Committee (IAC)]. However, it has been determined that it would be most beneficial to the City and the Plan to approach the review a bit slower. Staff has requested a two month adopted plan extension from the RCO which is currently due June 1. A draft plan was not available for distribution to the Committee. Staff should have a draft document to the Committee for review within a week and a half. This item will return to the Community Affairs and Parks Committee for discussion on May 12. Bruce discussed two items in the draft plan including park impact fees and results of a mail out/phone back survey. RETURN TO MAY 12 COMMUNITY AFFAIRS AND PARKS COMMITTEE. C. Renewal of Sian Code Moratorium Ordinance The current moratorium on animated and electronic signs will expire on May 26, 2008. Staff is requesting that the moratorium be extended for an additional 180 days due to the recent formation of the Sign Code Advisory Committee. This will be the second renewal of the moratorium (see Council minutes dated 06/040/7 and Community Affairs and Parks Committee minutes dated 10/23/07). UNANIMOUS APPROVAL. FORWARD TO MAY 12 COW FOR DISCUSSION. COUNCIL AGENDA SYNOPSIS �•r s IThM -O N 10 1 Meeting Date 1 Prepared by j Mayor's review I Council review 1 us 1`� f 05/12/08 1 B '1 ,t�c�P,- `T'L c,c 05/19/08 1 B t' 1 7908 CT ITEM INFORMATION CAS NUMBER: 08-055 I ORIGINAL AGENDA DA I"B: MAY 12, 2008 AGENDA ITEM TITLE Sound Transit Street Vacation Ordinances with time extensions CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 05/12/08 Mtg Date 05/19/08 Mtg Date Mtg Date I Itg Date iVltg Date Mtg Date: 1SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S These two ordinances will extend the expiration date for the Sound Transit street vacations SUMMARY located at 35 Ave S (the Tukwila Int'I Blvd station) and 48 Ave 5 (SR599) to October 31, 2008. The only other street vacation where conditions have been met, 49 Ave S, will be recorded at King County. The conditions on the remaining four street vacations can not be satisfied and are therefore null and void as they expired on April 30, 2008. REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 04/29/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Ordinances. COMMIrIEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/12/08 05/19/08 MTG. DATE ATTACHMENTS 05/12/08 Information Memo dated May 7, 2008 (updated after TC meeting) Sound Transit Letter dated April 21, 2008 Ordinances with location maps Transportation Committee Meeting Minutes from April 29, 2008 05/19/08 INFORMATION MEMO To: Mayor Haggerton Y gg From: Jim Morrow, Public Works Directo Date: May 7, 2008 Subject: Sound Transit Street Vacations ISSUE Time extension and status update on progress of the street vacations agreed to between the City of Tukwila and Sound Transit as part of the Sound Transit Light Rail project. BACKGROUND The City and Sound Transit identified seven Tukwila streets that should be vacated in order to accommodate Sound Transit Link Light Rail South Corridor rail lines, a surface water vault and the light rail station. The enclosed April 21, 2008 letter from Sound Transit provides a status update on the street vacation conditions. Some of the conditions have been met, some are underway and others cannot be met. The following table provides a brief status summary of the street vacation conditions. Ordinances Ordinances File No. Street (Expired 4/30/07) (Expired 4/30/08) Status 3.40.62 35t Ave S 2087, Null Void 2158 New Ord w/ time to 10/31/08 3.40.63 48t Ave S 2088, Null Void 2159 New Ord w/ time to 10/31/08 3.40.64 47t Ave S 1 2089, Null Void 1 2160, Null Void Conditions cannot be satisfied 3.40.65 49t Ave S i 2090, Null Void 1 2061 to be Recorded All conditions have been met 3.40.66 S 138t St 2091, Null Void 1 2162, Null Void Conditions cannot be satisfied 3.40.67 S 146t St 1 2092, Null Void 1 2163, Null Void Conditions cannot be satisfied 3.40.68 S 133r St 1 2093, Null Void 1 2164, Null void Conditions cannot be satisfied Required Sound Participation with Sound Transit and/or Private File No. Street Transit Payment Property Owners 1 3.40.62 1 35t Ave S $446,088.00 1 All ST land, proceeding with street vacation. 1 3.40.63 48t Ave S $53,592.00 1 All ST land, proceeding with street vacation. 3.40.64 47t Ave S $176,516.00 1 Private Property owners refuse to participate. 3.40.65 49t Ave S 1 $0 (City initiated) City land, proceeding with street vacation. Private property owners refuse to grant easements to form 3.40.66 S 138` St $0 (City initiated) a private road. 1 3.40.67 1 S 146th St 1 $73,635.00 1 Private Property owners refuse to participate. 1 3.40.68 C S 133` St 1 $101,052.00 1 Private Property owners refuse to participate. RECOMMENDATION Approve two ordinances extending the time for the 35 Ave S and 48 Ave S street vacations. Accept the voidance of the street vacations for the 47 Ave S, S 138 St, S 146 St and S 133r St street vacations. Enclosures Mamie Adm'm1Trmsponafim Committee Info 05.07.08 ST street}aatioo update info memo.doc SOUNDTRANSIT CHAIR Greg Nickels Seattle Mayor VICE CHAIRS April 21, 2008 Aaron Reardon Snohomish County Executive Claudia Thomas Bob Giberson, P.E. Lakewood Councilmember City of Tukwila BOARD MEMBERS Public Works Department Julie Anderson 6300 Southcenter Boulevard, Suite 100 Tacoma Councihnember Tukwila, WA 98188 -2544 Mary -Alyce surtelgh Kirkland Coundbnember Sound Transit Link Light Rail Street Vacations Fred Butler Issaquah Deputy Council Preside Dear Bob: Richard Conlin As a follow -up to our recent discussions regarding Sound Transit's commitment to Seattle Council President cooperate with the City when it petitions for street vacations as required in the Tukwila Dow Constantine Freeway Route Development and Transitway Agreement, I am sending you the attached King County Council Vice Chain status report. The report summarizes our efforts to satisfy the conditions contained in Deanna Dawson each of the seven street vacation ordinances passed by the Tukwila City Council in May Edmonds Councilmember 2005. We are aware that these conditions must be satisfied by April 30, 2008, and offer Dave Endow our recommendations in light of the information we have provided. Sumner Mayor Sound Transit's real estate consultant, Susan Reinhart of LaBonde Land, Inc., will be Paula J. Hammond, P.E. Washington State Secretary of finalizing the easements and processing payment requests on Sound Transit's behalf. She Transportation may be in contact with you as we continue to finalize any remaining items. John W. Ladenburg Pierce County Executive Please do not hesitate to contact me at (206) 398 -5374, or Susan at (206) 623 -1633, should you have any questions relating to this information. John Marchtone Redmond Mayor Julia Patterson Sincerely, King County Council Chair Larry Phillips King County Councilmember Rod Kempkes, P.E. Paul Roberts X1 Everett Counciimember Senior Civil Engineer Link Light Rail Ron Sims King County Executive Peter von Reichbauer Enclosures King County Couucilmember C: Kent Melton, Sound Transit CHIEF EXECUTIVE OFFICER Tom Wilson, Sound Transit Joni Earl Steve Sheehy, Sound Transit Susan Reinhart, LaBonde Land, Inc. Amarjit Marwaha, PSTC Central Puget Sound Regional Transit Authority Union Station 401 S. Jackson St, Seattle, WA 981042826 Reception: 206 398 -5000 FAX: 206 398 -5499 www.soundtransitorg Street Vacation Status Report April 17, 2008 Ordinance No. 2087/COT File No. 3.40.62 35 Avenue South Below is the current status of the conditions required for this vacation to become effective: 1. Provision of compensation for $446.088.00: Sound Transit is working on clarifying WSDOT's interests in the portion of 35' Avenue South that abuts Southcenter Boulevard. Until those interests are clarified and WSDOT has confirmed its commitment to participate in this street vacation, Sound Transit cannot begin processing payment for this compensation. 2. Provision of utility easement(s): Per our discussion on April 16, 2008, all of the utilities that had occupied the right of way prior to construction of the Tukwila International Boulevard Station have now been removed or abandoned. Sound Transit will grant two easements to Water District .125; both with regard to fire protection (water for hydrants and station sprinlder system) services that have been installed within the current 35 m Avenue right of way in order to serve the light rail station. Drafts of these easement documents will be provided for your review. 3. Provision of easement(s) to Sound Transit for construction. oneration and maintenance of the Tukwila Freeway Route Proiect consistent with the Development and Transitwav Agreement: Sound Transit intends to purchase WSDOT's portion of the vacated street and thus provision of an easement(s) will not be necessary. All of the conditions of this street vacation will not be satisfied by April 30, 2008 and we request that the City extend the deadline for satisfaction of the conditions by at least two months. Ordinance No. 2088 /COT File No. 3.40.63 48 Avenue South Below is the current status of the conditions required for this vacation to become effective: 1. Provision of compensation for $53.592.00: Sound Transit's Real Estate Department is currently processing the payment for this amount. 2. Provision of utility easement(s): All utilities within the area to be vacated have been removed or abandoned as a result of the light rail guideway construction and therefore no utility easements are needed. 3. Provision of easement(s) to Sound Transit for construction. operation and maintenance of the Tukwila Freeway Route Proiect consistent with the Development and Transitwav Agreement: Since Sound Transit owns all of the abutting property to this street vacation, provision of these easements is not necessary. All of the conditions of this street vacation are not likely to be satisfied completely by April 30, 2008 and we request that the City extend the deadline for satisfaction of the conditions by at least two months. Ordinance No. 2089 /COT File No. 3.40.64 47th Avenue South Below is the current status of the conditions required for this vacation to become effective: 1. Provision of compensation for $176.516.00: Sound Transit has contacted each of the abutting property owners along 47 Avenue South in order to find out if they would be interested in participating in this street vacation. Since none of the abutting property owners other than Sound Transit have indicated that they are interested in participating financially, this condition cannot be satisfied. 2. Provision of utility easement(s): Since condition #1 above cannot be attained, satisfaction of this condition is considered moot. 3. Provision of an access easement: Since condition #1 above cannot be attained, satisfaction of this condition is considered moot. 4. Provision of easement(s) to Sound Transit for construction. operation and maintenance of the Tukwila Freeway Route Proiect consistent with the Development and Transitwav Agreement: Since condition #1 above cannot be attained, satisfaction of this condition is considered moot. All of the conditions of this street vacation cannot be satisfied and the City should consider this street vacation voided. Ordinance No. 2090 /COT File No. 3.40.65 49 Avenue South Below is the current status of the conditions required for this vacation to become effective: 1. This is a City initiated vacation and compensation is not due the City. 2. Provision of easement(s) to Sound Transit for construction, operation and maintenance of the Tukwila Freeway Route Proiect consistent with the Development and Transitwav Agreement: Since all of the original 49 Avenue South right of way covered by this street vacation would revert to Sound Transit and none would revert to WSDOT, provision of easement(s) to Sound Transit are not necessary. All of the conditions of this street vacation have been satisfied and the City should now be able to proceed with recording of the ordinance with King County and amending the City's official street map. Ordinance No. 2091 /COT File No. 3.40.66 South 138th Street Below is the current status of the conditions required for this vacation to become effective: 1. Provision of utility easement(s): Since condition #2 below cannot be attained, satisfaction of this condition is considered moot. 2. Provision of easements) to Sound Transit for construction. operation and maintenance of the Tukwila Freeway Route Project consistent with the Development and Transitwav Agreement: The abutting property owners have declined to grant Sound Transit an easement over the proposed street vacation area, therefore this condition cannot be satisfied. All of the conditions of this street vacation cannot be satisfied and the City should consider this street vacation voided. Ordinance No. 2092 /COT File No. 3,40.67 South 146th Street Below is the current status of the conditions required for this vacation to become effective: 1. Provision of compensation for $73,635.00: Sound Transit has contacted each of the abutting property owners along South 146 Street in order to find out if they would be interested in participating in this street vacation. Since none of the abutting property owners other than Sound Transit have indicated that they are interested in participating financially, this condition cannot be satisfied. 2. Provision of utility easement(s): Since condition #1 above cannot be attained, satisfaction of this condition is considered moot. 3. Provision of easements) to Sound Transit for construction, operation and maintenance of the Tukwila Freeway Route Proiect consistent with the Development and Transitwav Agreement: Since condition #1 above cannot be attained, satisfaction of this condition is considered moot. All of the conditions of this street vacation cannot be satisfied and the City should consider this street vacation voided. Ordinance No. 2093 /COT File No. 3.40.68 South 133rd Street Below is the current status of the conditions required for this vacation to become effective: 1. Provision of compensation for $101,052.00: Sound Transit has contacted each of the abutting property owners along South 133 Street in order to find out if they would be interested in participating in this street vacation. Since none of the abutting property owners other than Sound Transit have indicated that they are interested in participating financially, this condition cannot be satisfied. 2. Provision of utility easement(sl: Since condition #1 above cannot be attained, satisfaction of this condition is considered moot. 3. Provision of easements) to Sound Transit for construction, operation and maintenance of the Tukwila Freeway Route Project consistent with the Development and Transitwav Agreement: Since condition #1 above cannot be attained, satisfaction of this condition is considered moot. All of the conditions of this street vacation cannot be satisfied and the City should consider this street vacation voided. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS 35th AVENUE SOUTH, RUNNING SOUTHWESTERLY FROM SOUTHCENTER BOULEVARD (SOUTH 154Th STREET) FOR APPROXIMATELY 354 FEET, INCLUDING THE PARTIAL CUL -DE -SAC BULB; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila and Sound Transit executed the Development and Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway Route Project on December 8, 2004; and WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation procedures including public notification; public hearing, review and comment; and submittal of relevant information to City Council, all of which have been done; and WHEREAS, Sound Transit Link Light Rail proposes that a station be constructed at this location; and WHEREAS, 35th Avenue South has been a right -of -way for more than 25 years; and WHEREAS, Sound Transit provided a real property appraisal from a member of the American Institute of Real Estate Appraisers in the amount of $446,088.00; and WHEREAS, utilities exist in the right-of-way being vacated; and WHEREAS, the Tukwila City Council conducted a public hearing on April 4, 2005, for the purpose of considering the vacation of certain property located in the City of Tukwila, as described in the ordinance title; and WHEREAS, following conclusion of the public hearing, the City Council found that the property should be vacated, subject to certain conditions; and WHEREAS, on May 16, 2005, the City Council approved Ordinance No. 2087, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by April 30, 2007; and WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2007 and requested additional time for satisfying the conditions for this street vacation; and WHEREAS, on June 4, 2007, the City Council approved Ordinance No. 2158, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by April 30, 2008; and C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Z 35th Avenue South St Vac.doc Gl.:kan 5/7/2008 Page 1 of 2 WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2008, and has requested additional time for satisfying the conditions for this street vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. A. The following property located in the City of Tukwila is hereby vacated: Approximately 23,891 square feet of 35th Avenue South, running southwesterly from Southcenter Boulevard (South 154th Street) for approximately 35 feet, including the partial cul -de -sac bulb. B. This vacation is conditioned upon satisfaction, by October 31, 2008, of the following: 1. Provision of compensation for $446,088.00. 2. Provision of utility easement(s). 3. Provision of easement(s) to Sound Transit for construction, operation and maintenance of the Tukwila Freeway Route Project consistent with the Development and Transit Way Agreement referenced herein. Section 2. Duties of Public Works. The Public Works Depailutent is hereby directed to record a certified copy of this ordinance with King County, upon determination by the Public Works Director that the conditions referenced above have been satisfied. Section 3. Amendment of Official Street Map. Upon the recording of a certified copy of the ordinance, the City Public Works Director shall amend the City's official street map to be consistent with this ordinance. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City. This vacation shall not become effective until the conditions contained herein have been fully satisfied, until all fees owed the City have been paid, and until five working days after the date that this ordinance and all relevant documents have been recorded with King County Records. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. A I TEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachment: Exhibit A, Street Vacation 35th Avenue South, 3.40.62 C: \Documents and Settings \All Users \Desktop \Kelly \MSDATA \Ordinances \Z 35th Avenue South St Vac.doc GL:ksn 5/7/2008 Page 2 of 2 1 Exhibit A Street Vacation 35 Avenue South 3.40.62 3.%1:5•• I if,..1--21-' Calil PM f 1 •PW.' f.: 1 ri 1 •.1 r i f 154th St l' Z) i ill 1 1 ,7-,1., 1 -IP S. 0 •;,7 tat „0 t ....J 0 1 1991 la •-r, 1 47 4 1 7 E Vacation Area' 0 7; 1 c.,. 1 fi.g: 4.4 k 1""'' i HOME g s, pi- I i rCj A .".7 03-6 Is oii tIMS i se, T.. '.00!3,1 4 1:1 3 W SR 518 7 NORTH DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS 48Th AVENUE SOUTH, RUNNING NORTHEASTERLY FROM S. 134Th PLACE TO THE INTERSTATE 5 ON -RAMP AT STATE ROUTE 599; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFLCTIVE DATE. WHEREAS, the City of Tukwila and Sound Transit executed the Development and Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway Route Project on December 8, 2004; and WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation procedures including public notification; public hearing, review and comment; and submittal of relevant information to City Council, all of which have been done; and WHEREAS, 48th Avenue South as described in the ordinance title is needed for access to Sound Transit's Light Rail guideway; and WHEREAS, 48th Avenue South has been a right -of -way for more than 25 years; and WHEREAS, Sound Transit provided a real property appraisal from a member of the American Institute of Real Estate Appraisers in the amount of $8.12 /square foot of right -of -way; and WHEREAS, utilities exist in the right -of -way being vacated; and WHEREAS, the Tukwila City Council conducted a public hearing on April 4, 2005, for the purpose of considering the vacation of certain property located in the City of Tukwila, as described in the ordinance title; and WHEREAS, commercial trucks currently use the westerly portion of 48th Avenue South as a turn- around; and WHEREAS, following conclusion of the public hearing, the City Council found that the property should be vacated, subject to certain conditions; and WHEREAS, on May 16, 2005, the City Council approved Ordinance No. 2088, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by April 30, 2007; and WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2007 and requested additional time for satisfying the conditions for this street vacation; and WHEREAS, on June 4, 2007, the City Council approved Ordinance No. 2159, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by April 30, 2008; and C: \Documents and Settings \All Users Desktop \Kelly \MSDATA Ordinances \Z 48th Avenue South St Vac.doc GLksn 5/7/2008 Page 1 of 2 WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2008 and has requested additional time for satisfying the conditions for this street vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. A. The following property located in the City of Tukwila is hereby vacated: Approximately 6,600 square feet of 48th Avenue South, running northeasterly from South 134th Place to the Interstate 5 on -ramp at State Route 599. B. As Sound Transit owns all lots that will be land locked, Council waives a provision for access easement(s). C. This vacation is conditioned upon satisfaction, by October 31, 2008, of the following: 1. Provision of compensation for 553,592.00. 2. Provision of utility easement(s). 3. Provision of easement(s) to Sound Transit for construction, operation and maintenance of the Tukwila Freeway Route Project consistent with the Development and Transit Way Agreement referenced herein. Section 2. Duties of Public Works. The Public Works Depaitalent is hereby directed to record a certified copy of this ordinance with King County, upon determination by the Public Works Director that the conditions referenced above have been satisfied. Section 3. Amendment of Official Street Map. Upon the recording of a certified copy of the ordinance, the City Public Works Director shall amend the City's official street map to be consistent with this ordinance. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City. This vacation shall not become effective until the conditions contained herein have been fully satisfied, until all fees owed the City have been paid, and until five working days after the date that this ordinance and all relevant documents have been recorded with King County Records. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 200`8 A ITEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachment: Exhibit A, Street Vacation 48th Avenue South, 3.40.63 C: \Documents and Setting \All Users Desktop Kelly MSDATA Ordinances Z 48th Avenue South St Vac.doc GL:ksn 5/7/2008 Page 2 of 2 acat on Street v 4ei i\ s v oun, s 3.4O.63 C t Ttan I •cc x Sound tr) Ln 1 (...0 tri .2 TT 2 ,-V, .1 t,-, .0 I til d/4 o. -'11-1 4,P,9 I s .4- 9., I erY- I '1...(-) c) 1 I Sound Transit i 1. 3 3 3 1 1 C3 I i I I Sr 1 4, I i l 41 7., .f. :41.4: r y.k 74'. CO t--- 1 r A AS 4 CI. cr q 'V' co 20 0 8 1 I I i ti i a 2A 9 I. o,:: City o f Tukwila Q; o Transportation Committee s, i6 TRANSPORTATION COMNIITTEE Meeting Minutes April 29, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn Staff: Jim Morrow, Frank Iriarte, Pat Brodin, Tanya Taylor, Gail Labanara and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Committee Chair Linder called the meeting to order at 4:58 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Fleet Transportation Costs As an information only item, staff made a presentation on the City's Fleet Services including fuel, rental equipment and vehicle operations and maintenance. Public Works staff has implemented a tracking system which allows for the monitoring and analysis of employee time and budget costs associated with the City's fleet inventory. Data entry into this system began on January 1, 2005, and proper analysis will assist in predicting future budget needs and anticipated cost increases as well as requirements for maintaining current service levels. Highlights of the presentation included: fuel consumption history, departmental breakdown of fleet budget and fuel consumption, cost impacts of accidents, manpower distribution and preventative maintenance. INFORMATION ONLY. B. Extensions of Street Vacations for the Sound Transit Link Light Rail Project Staff is seeking full Council adoption of two ordinances which will extend the time allowed for the street vacations of the following locations: 35 Avenue South and 48 Avenue South. If approved, the ordinances r will be extended an additional six months, expiring October 31, 2008. The street vacations were agreed upon between the City and Sound Transit as part of the Link Light Rail 7. N. project. Last year, Sound Transit requested a one year extension of the street vacations (see Finance and Safety Committee minutes dated May 14, 2007) which was granted and will expire on April 30, 2008. Originally, seven street vacations were requested; one has been completed and recorded, a time extension is being requested for the two mentioned above, and the remaining five will not be completed do to an inability to meet the street vacation conditions and provisions. UNAN]MOUS APPROVAL. FORWARD TO MAY 12 COW. III. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Meeting adjourned at 6:23 p.m. Next meeting: Monday, May 13, 2008 5:00 p.m. Conference Room 1 Committee Chair Approval Minutes by KAM. Reviewed by GL. COUNCIL AGENDA SYNOPSIS c i `:y Initials ITEM No. I I- MO �•i� Meetinz Date Prepared by 1 Mayor's review 1 Council review I 05/12/08 1 FI "4 A&- 1 05/19/08 1 FI 1" ITEM INFORMATION CAS NUMBER: 08-056 I ORIGINAL AGENDA DATE: MAY 12, 2008 AGENDA ITEM TITLE Communications Conduit Agreement with Comcast CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 05/12/08 Mtg Date 05/19/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV SPONSOR'S This Communications Conduit Agreement with Comcast will grant them the right to use the SUMMARY existing City-owned conduit located at the Strander Boulevard Bridge. Comcast is embarking on a fiber optic project that will provide high -speed connectivity and cable service to the CBD. The lease will be for 15 years, with two, five -year renewals. In exchange, Comcast will provide the City with complimentary music for TV21, upgrade the 6300 Bldg TV signal, allow the City to participate in future Comcast projects, and additional conduits. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA1'E: 05/05/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign Communications Conduit Agreement with Comcast. COM IITrEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 05/12/08 05/19/08 MTG. DATE I ATTACHMENTS 05/12/08 Information Memo dated April 28, 2008 Communications Conduit Agreement Utilities Committee Meeting Minutes from May 5, 2008 05/19/08 INFORMATION MEMORANDUM To: Mayor Haggerton From: Public Works Directory Date: April 28, 2008 UU Subject: Communications Conduit Agreement Issue Should City grant Comcast the right to use City owned conduit located under the Strander Boulevard Bridge? Background Comcast recently requested conduit capacity to accommodate three one -inch conduits within an existing City-owned, six -inch steel conduit located at the Strander Boulevard Bridge crossing. If g ty g g approved, Comcast will use the three, one -inch conduits to extend their fiber optic infrastructure to the Commercial Business District (CBD). Discussion Comcast is embarking on a fiber optic project that would provide high speed connectivity and cable service to commercial businesses in the CBD. Success of their project depends on their ability to build, purchase or lease a communications conduit infrastructure at the Strander Bridge crossing. Comcast has decided on a long -term lease option. Attached is the Communications Conduit Agreement that staff and Comcast have negotiated. Highlights of the Agreement include the following key provisions: Conduit capacity to accommodate three one -inch conduits. 15 year term with two, five year renewals. Complimentary Comcast Business Class Music for the City's TV channel. Participation in Comcast's future trench/bore projects with free or discounted labor costs. Upgrade of the cable TV signal at Building 6300 Southcenter Boulevard. Installation of additional one -inch conduits in the City -owned six -inch conduit at Comcast's expense. In addition to the compensation package highlighted above, approval of the Communications Conduit Agreement would enable Comcast to offer cable TV and high -speed interne services to businesses, and facilitate broadband development throughout the CBD. Recommendation Send to the Utilities Committee and COW for discussion and approval/disapproval decision. Attachment: Communications Conduit Agreement fi: P:frank\2008\franchise\info memo comcast conduit agreement COMMUNICATIONS CONDUIT AGREEMENT THIS COMMUNICATIONS CONDUIT AGREEMENT is entered into between the CITY OF TUKWILA, a Washington municipal corporation "City and Comcast of Washington IV, Inc. (Comcast), 4020 Auburn N. Auburn, WA 98001. WHEREAS, Comcast is duly authorized to operate and maintain a cable television system in the City pursuant to a franchise granted by the City; and WHEREAS, the City and Comcast have entered into an Agreement for the City to lease conduit capacity within an existing City owned conduit system located at the Strander Bridge crossing; and WHEREAS, the communications conduit system provides a critical path to the deployment of fiber connectivity to the commercial business district; and WHEREAS, this Conduit Agreement will facilitate broadband development in the commercial business district; and WHEREAS, the City has sufficient conduit capacity to handle present and future City requirements; and WHEREAS, the City Council has determined that the lease of communications conduit capacity is appropriate; and NOW, THEREFORE, in consideration of One Dollar and such other consideration as set forth herein, the City and Comcast hereby agree as follows: 1. GRANT OF RIGHT TO USE COMMUNICATIONS CONDUIT. The City grants Comcast conduit capacity to accommodate three one inch conduits within an existing City owned six inch steel conduit located at the Strander Bridge. City shall designate the exact location of the conduit during the permit submission process. 2. TERM. The initial term of this Agreement shall be fifteen (15) years, commencing on the date of execution of this Agreement by the City and Comcast. "Commencement Date 3. RENEWAL. This Agreement shall automatically renew for two (2) successive periods of five (5) years each (the "Renewal Terms provided that: (a.) Comcast is not in default and has not been in default of the terms and conditions of this Agreement; (b.) there is no public need for the leased space; (c.) Comcast's continued use under this Agreement does not impair the safety or operation of the Strander Bridge, the right -of -way, or City fiber optic system as solely determined by the City; (d.) the terms and conditions of this Agreement conform to existing City policies or practices, state laws, City regulations and contracts, or provided Comcast is willing to amend this Agreement to bring it into compliance with such policies, practices, laws, regulations, and contracts; and (e) Comcast agrees to maintain insurance as stipulated in this Agreement. Subject to the conditions set forth above, each additional term shall be on the same terms and conditions as set forth in the Agreement, except as reflected in any written amendment(s) signed by both parties. Comcast shall give notice of its intent to renew this Agreement for any additional term at least ninety (90) days, but not more than six (6) months, prior to the expiration of this Agreement, or any extension thereof. In the event City exercises its right not to renew this Agreement, City shall provide Comcast with a minimum one hundred twenty (120) days notice of its intention not to renew. 4. COVENANTS BY COMCAST. A. Construction of Communications Conduits and Vault. Comcast shall construct and maintain at its cost and expense, the three one -inch conduits and associated infrastructure in accordance with City- approved permit documents. As a condition of this Agreement, Comcast shall during the installation of the three one -inch conduits install at its cost and expense, additional one -inch conduits in the City -owned steel conduit to fill it to its maximum safe capacity. The additional one -inch conduits above and beyond the three Comcast owned one -inch conduits shall be under sole ownership of the City. B. Insurance. Comcast shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property arising out of or in connection with acts or activities related to this Lease. Such insurance shall be combined single -limit liability coverage of not less than two million dollars ($2,000,000.00) naming the City as an additional insured and shall include a provision prohibiting cancellation or reduction in the amount of said insurance except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Lease. C. Waiver of Subrogation. Comcast hereby releases and discharges all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the pedestrian bridge. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. D. Indemnification. Comcast, its successors and assigns, will hold harmless the City, its authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of Comcast, its assigns, subtenants, agents, contractors, licensees, invitees, employees, or any person whomsoever, arising out of or in connection with Comcast's performance under this Agreement. Comcast further agrees to defend the City, its agents or employees, in any litigation, including payment of any costs or attorney's fees, for any claims or actions commenced, arising out of, or in connection with Comcast's performance under this Agreement Comcast expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of Comcast in connection with Comcast's performance under this Agreement. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Comcast, its officers, agents, and employees. E. Rules and Regulations. Comcast agrees that it will abide by all applicable local, state and federal laws, rules and regulations in the use of the leased communications conduit system. 5. COMPENSATION. In consideration for the conduit capacity Comcast covenants and agrees to provide the City with the following compensation package: A. Complimentary Comcast Business Class Music Choice including one digital converter unit for the City to use in association with the City's TV channel. B. In those Southcenter Valley right -of -way areas where Comcast is proposing to open trench and the City has a gap between its existing conduit systems, Comcast will allow the placement of City purchased conduit(s) within the open trench pathways, with Comcast incurring the labor costs associated with the placement of the City conduit(s). The City shall confirm the conduit placement request prior to the issuance of the right -of -way permit. C. In those Southcenter Valley right -of -way areas where Comcast is proposing a bore pathway and the City has a gap between its existing conduit systems, upon request of the City during the right -of -way permitting review, Comcast will provide a cost estimate to the City detailing the incremental cost of labor and materials to accommodate the requested City conduit(s) within the bore path. If the City accepts the cost estimate, Comcast will place the requested conduits within the bore. D. Comcast shall provide a high- quality reception of cable television service to the City's offices located next to City Hall at 6300 Southcenter Blvd, Tukwila, 98188.. 6. TERMLNATION BY CITY. The City may terminate this Agreement, without penalty or further liability as follows, subject to applicable laws and regulations: A. Upon not less than thirty (30) days prior written notice to Comcast, if Comcast fails to inspect, maintain, and/or repair the conduits in a safe and satisfactory manner as required under this lease. B. Upon not less than thirty (30) days prior written notice to Comcast, if Comcast fails to cure a default for compensation provisions due under this lease within that thirty (30) day period. C. Upon the end of the authorized term, if there is a public need for the leased space. D. Upon not less than thirty (30) days prior written notice to Comcast, if Comcast's continued use under this Agreement causes an impairment to the safety or operation of the City's highway or right -of -way, as solely determined by the City, and Comcast fails to cure the impairment within that thirty (30) day period. 7. EFFECT OF TERMINATION. Upon termination of this Agreement, Comcast shall remove their fiber at Comcast's expense. In the event Comcast fails to do so, the City may, at Comcast's expense, remove and dispose of the fiber infrastructure as it deems appropriate, subject to applicable laws and regulations. Comcast shall reimburse the City for all expenses incurred in such removal and disposal within thirty (30) days of the date of the City's invoice for such costs. 8. SUCCESSORS AND ASSIGNS. Comcast will not, in whole or in part, assign this Agreement without prior written consent of the City, which consent shall not be unreasonably withheld. Any assignee shall be required to assume and fulfill all obligations of Comcast under this Agreement after the date of such assignment. 9. RECORDATION. This Agreement shall be recorded by Comcast with the King County Division of Records and Elections. Upon recording, the original document shall be returned to the City. 10. PARTIAL INVALIDITY. If any portion or provision of this Agreement is held invalid that materially modifies the terms and conditions of this Agreement and results in a detrimental change in circumstances or a material hardship for either party in performing this Agreement, either party may request to renegotiate this Agreement and the other party agrees to renegotiate fairly with the requesting party, otherwise the validity and enforceability of the remainder of this Agreement shall not be affected. 11. APPLICABLE LAW; VENUE; ATTORNEY'S FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 12. FORCE MAJEURE. Neither party shall be liable for any failure of performance (including any delay in restoration of service) hereunder due to causes beyond its reasonable control including, but not limited to, acts of God, fire, explosion, vandalism, storm, or other similar catastrophes; any law, order, regulation, direction, decision, action or request of the United States government or the State of Washington; insurrection; riots or other civil disturbances; or wars. 13. NOTICE. Unless otherwise agreed to by the parties, any notice provided for under this Lease Agreement shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such other address as the receiving party specifies in writing: (a) Notices to Comcast shall be mailed to: Comcast 4020 Auburn Way N Auburn, WA 98002 Attention: Director, Franchising and Government Affairs With a non binding courtesy copy to: Comcast 15815 25th Ave W Lynnwood, WA 98087 Attention: Franchising and Government Affairs (b) Notices to the City shall be mailed to: City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 -2544 Attention: Public Works Director IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first written below. CITY OF TUKWILA COMCAST OF WASHINGTON IV, INC. Jim Haggerton Ken Rhoades Mayor Area Vice President Date: Date: Date: City Attorney City of Tukwila 30; e2 6/1=4 Utilities Committee UTILITIES COMMITTEE Meeting Minutes May 5, 2008 5 :00 p.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, Ryan Larson, Gail Labanara, Mary Miotke, Rhonda Berry and Kimberly Matej CALL TO ORDER: Committee Chair Griffin called the meeting to order at 4:58 p.m. I. PRESENTATIONS A. Cascade Water Alliance Update At the March 17, 2008, Regular Council meeting representatives from Cascade Water Alliance made a presentation on the Lake Tapps Asset Purchase Agreement. As a benefit to new councilmembers, staff decided to present a brief history of Cascade Water Alliance to the Utilities Committee. Pat Brodin explained the formulation and purpose of Cascade Water Alliance. Cascade was essentially created when several King County communities decided to breakaway from Seattle for water supply in search of a cost- effective and environmentally sensitive water source. Cascade Water Alliance is an association of eight cities and water districts in the Puget Sound region working together to ensure a clean, safe, and reliable water source. Cascade supplies nearly 50% of retail water sales in King County outside of Seattle; including over 370,000 residents and 22,000 businesses in the Cities of Bellevue, Kirkland, Redmond, Issaquah, and Tukwila and Covington Water District, Sammamish Plateau Water Sewer District and Skyway Water Sewer District. INFORMATION ONLY. II. BUSINESS AGENDA A. Comcast Communications Conduit Agreement Staff is seeking Council approval to enter into a Communications Conduit Agreement with Comcast of Washington IV, Inc. N Currently, the Comcast franchise agreement with the City focuses on providing cable television and high speed internet to the residents of Tukwila, but not to commercial businesses. In Comcast's efforts to offer these services to Tukwila's Commercial Business District, they are seeking to utilize a portion of the City's conduit located at the Strander Boulevard Bridge in order to extend their fiber optic infrastructure. Among the many benefits offered by the agreement, use of the City's conduit will enable Comcast to provide cable television and high speed internet to commercial businesses as well as facilitate broadband development through the Central Business District. UNANIMOUS APPROVAL. FORWARD TO MAY 12 COW FOR DISCUSSION. B. 2008 Annual Small Drainage Program Design Consultant Selection and Agreement Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of $58,723.60 for design services for the City's Annual Small Drainage Program. COUNCIL AGENDA SYNOPSIS ti Initials ITEM Ara O: ►j te; iiA Meeti,j i Date J P�pared by Mayor's review cz1 review t 2 05/12/08 I RL ,Z4 a `0. 05/19/08 I RL Jv 1 1 ITEM INFORMATION 1 CAS NUMBER: 08-057 I ORIG NAL AGENDA DATE: MAY 12, 2008 AGENDA ITEM TITLE 2008 Annual Neighborhood Drainage Program, Consultant's Agreement with KPG CATEGORY Discussion EZ Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 05 /12 /08 Mtg Date 05/19/08 Mtg Date if Date Mtg Date Mtg Date Mtg Date: SPONSOR n Council n Mayor Adm Svcs DCD Finance Fire Legal Pe R Police PI/ SPONSOR'S The contract is for design of the 2008 Annual Neighborhood Drainage Program. Three SUMMARY firms were short- listed from the Consultant Works Roster and KPG was chosen as the most qualified. This year we are designing six projects and the seventh project will include a feasibility study to determine the preferred routing of future drainage improvements. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. El Parks Comm. Planning Comm. DATE: 05/05/08 RECOMMENDATIONS: SPONSOR/ADMEN. Authorize Mayor to sign the consultant's agreement with KPG. COMi\LITTEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $58,723.60 $60,000.00 Fund Source: 412.02 Surface Water (page 134, 2008 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/12/08 05/19/08 MTG. DATE ATTACHMENTS 05/12/08 Information Memo dated April 28, 2008 Location Map Consultant Agreement with Scope of Work Utilities Committee Meeting Minutes from May 5, 2008 05/19/08 INFORtMATION MEMO To: Mayor Haggerton From: Public Works Director Date: April 28, 2008 Subject: 2008 Annual Neighborhood Drainage Program Project No. 08 -DRO1 Consultant Selection Agreement ISSUE Approve KPG, Inc., to design the 2008 Annual Neighborhood Drainage Program. BACKGROUND The Annual Neighborhood Drainage Program identifies projects through maintenance activities as well as citizen complaints. This year, we are designing or completing the design of six projects for construction m 2008 and conducting a feasibility review of one project. ANALYSIS The Public Works staff reviewed the list of known system deficiencies and compiled projects for design and construction in 2008. One project design was started in 2004 but was not completed due to ownership questions of the failmg pipe that have now been resolved. Three projects involve permits with the Washington State Depai l)nent of Fish and Wildlife (WSDFW) and were reviewed m the field with their area biologist for preliminary approval and expected required mitigation. The current consultant roster was reviewed and three firms were short-listed to design the selected seven projects. The firms were: 1. KPG, Inc. 2. Penhallegon Associates Consulting Engineers, Inc. 3. Perteet, Inc. KPG has designed the Annual Drainage Program since 1991 and Public Works staff continues to be satisfied with their work. KPG has a good working relationship with the WSDFW, is knowledgeable of City requirements, remains flexible to design changes, and continues to complete design within budget. BUDGET SUMMARY Contract Budget Annual Small Drainage Program Design 58,723.60 60,000.00 RECOMMENDATION Approve the consultant agreement with KPG, Inc., for professional design services to design the 2008 Annual Neighborhood Drainage Program for $58,723.60. RL. sb attachments: Location Map Consultant Agreement (P. Projec0'A- DR Projsu`08DRONu(o Memo SDP 2008 Dea®) S86 P $s7 PI 2008 Annual Neighborhood $94 P, 0, Drainage Program Nip" lik 1 ,--,,:ore Site 7 t 5:0 3r (Feasibility Only) Site 3 WI 1 S 1 2 St �q— 1 Q N s9-111111l11►k Frey Ils 30 Site 1 c 1 4 Site 2 v 1. �S,3 ii i\ j S 139 Itt, Site 4 r i g N 0 nr n- v N e L 144 St� Q v S C 'jam© g F qty I t 1 A v S 166 St °e co �j 2 St XIII ,,,7,, I 40 o `1 0 L c am r Tulori 3 Pky I, v V a 1I x 01 `L_ I Strand ra 91w1 r. i Site j L T a x o` Q _5 a Corporate N 2 j to rporata C S v -4 fi Mtltaricl Site 6 Costoot a sr S 90 St a 0 aa� g GIS 4.fie o x s Tukwila nos CONSULTANT AGREEMF,NT FOR DRAINAGE DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as the City and KPG, Inc., hereinafter referred to as the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform drainage design services in connection with the project titled 2008 Annual Neighborhood Drainage Program. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 365 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $58,723.60 without express written modification of the Agreement sinned by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local Iaws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attomey's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall 2 be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing part3'. 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG, Inc. 753 9th Avenue N. Seattle, WA 98109 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 2008 CITY OF TUKWILA CONSULTANT By: L-- Nelson Dais Jim Haggerton, Mayor Principal Title: Attest/Authenticated: Approved as to Form: Christy O' Flaherty, City Clerk Office of the City Attorney 4 Exhibit A City of Tukwila 2008 Annual Small Drainage Program Scope of Work April 21, 2008 KPG The Consultant shall prepare surveyed base maps, final plans, specifications, and estimates for the following small drainage projects: Site 1: South 130 Street Replace failing culvert and provide alley drainage between 32" Avenue S and 33 Avenue S. Site 2: Macadam Road Replace failing storm drain system at approximately 14239 Macadam Road. Site 3: West Marginal Way Outfall Replace failing outfall and portion of storm drain pipe to eliminate a sink hole in adjacent driveway. 60% design was completed as part of the 2004 small drainage program. Site 4: South 149 Street 57 Avenue South Install new storm drain system to collect roadway runoff and reduce flooding of adjacent residents. Storm drain will be installed on an existing utility easement to convey flows from the dead end of South 149 Street to South 150 Street. Site 5: Treck Drive Replace failing catch basin lid and adjacent curb and driveway with custom fabricated casting to reduce damage from trucking activities. Site 6: Upland Drive Replace failing catch basin lid and adjacent curb and driveway with custom fabricated casting to reduce damage from trucking activities. Site 7: 10349 Beacon Avenue S Obtain surveyed elevations of low point and surrounding drainage systems to determine feasibility and preferred routing of future drainage improvements. No base mapping or final design is anticipated for this site. City of Tukwila KPG 2008 Annual Small Drainage Program 1 of 3 April 21, 2008 Exhibit A Work on these projects shall include any necessary survey, alternative analyses, quantity estimating and cost estimating to complete the projects. Surveyed base maps and horizontal utility locations will be provided for all projects. Previous mapping from the 2004 Annual Small Drainage Program will be used for the project base maps on site 3. Project horizontal and vertical datum's will be assumed on all projects. The Consultant shall prepare a SEPA checklist, JARPA application, and provide coordination with Washington Department of Fish and Wildlife for Sites 1, 2, and 3: It is our understanding that none of the projects will require biological assessments, additional permits, detention facilities, or water quality treatment facilities. The budget assumes a straightforward approval process with no special studies or extensive coordination. A potholing allowance of $5,000 is included in the estimated fee to determine existing subsurface utility elevations in key locations that are identified during base mapping and preliminary design. It is anticipated that the projects will be bid as one package for the 2008 Small Drainage Program. The Consultant shall perform base mapping, permit agency coordination, utility coordination, and preliminary design and cost estimating for each of the project sites to assist the City with prioritization for the bid package. Projects will be prioritized based on available budget and other factors (such as permit complexity, utility relocation needs, easements, etc.) to achieve a realistic schedule and project listing for the 2008 Small Drainage Program. For the 2008 Small Drainage Program, the Consultant shall submit 50% and 90% plan, specification, and estimate submittals for City review prior to bidding. The City may reprioritize the projects based on estimated costs and available budget. City of Tukwila KPG 2008 Annual Small Drainage Program 2 of 3 April 21, 2008 Exhibit A Deliverables: The Consultant shall provide the following deliverables: Feasibility recommendations on Site 7. SEPA checklist for work on sites 1, 2, and 3. JARPA application for sites 1, 2, and 3 HPA Distribution of 50% Plans to utilities 2008 Small Drainage Program: 10 copies, 50% Plans and Estimates 5 copies, 90% Plans, Specifications and Estimates 40 copies of bid documents (half size) The City shall provide the following items: Property owner contact information Existing utility information, as available Plan reviews and comments Easement negotiations, if required. City of Tukwila KPG 2008 Annual Small Drainage Program 3 of 3 April 21, 2008 f h+ 0 d' CO CO 0 0 00 CO t` J- N- N- C) CO N O N CO d' Q CO O (7 (a h 7 r r CO r cr (fl N O N 0 W CO N (n V' .1- co r r O co U) N- CD N (n to N O, 1: d N V' 0) O O CO CO CO M c r '4' N CO t. N LO 1-- N r gli 0 LL a) r (L) r r r (p r r c- N N •r r N r r (p of U M o w L a) r 117 2"<CO 0 5 8A Q r-; 64 69 64 64 (J} 64 64 69 y} 64 64 64 69 64 64 64 64 64 64 fA cU W co U •i- O N O O 0 0 0 0 0 0 0 0 0 0 V' V O V' V' N U 69 c m co C CO 0 0 d CO CO .O O CO CO CO r O CO O" O co te U r (a 6@ !J N O a) U c573 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,9 O 7 10 r LL fR O S1 L N R 0 co J G O Nr a0 co co N d- -4' V' d' 0) co Co CO co 00 ..4- co a) 0) r LT) W (0 LO CO L I_- U O O E] N' N N V r r r r N 0 0 (1 N N N m LL1 D C h o E 0 a, m a) U O Q C ti 0 0 (i -0 C C %a Q in o to a m L. 1 O w Q -c m o 1"/7 (d y ca Q cn R c� m\- Q cam o V o cpF- F" L o m m to m m> m b- o t4 o a z Q a fl. 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CL 0 c c 7 e g —0 2 m CL n .0 e c e e 1.- i co C 0 0 LLI CO E 2 SI m 2 f) 2 2 CO C c 2 2 E t 2 5\ 5 R c 0 0 e o e E o c �g =E\ iii LL O -E e e c 2 E co CI R E/ E k G m J e e a$ e a II E± w cc k N@ k\ RS O 2 w w ca 2 a R y City of Tukwila w ,I N Utilities Committee 2 1908 UTILITIES COMMITTEE Meeting Minutes May 5, 2008 5:00 p.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, Ryan Larson, Gail Labanara, Mary Miotke, Rhonda Berry and Kimberly Matej CALL TO ORDER: Committee Chair Griffin called the meeting to order at 4:58 p.m. I. PRESENTATIONS A. Cascade Water Alliance Update At the March 17, 2008, Regular Council meeting representatives from Cascade Water Alliance made a presentation on the Lake Tapps Asset Purchase Agreement. As a benefit to new councilmembers, staff decided to present a brief history of Cascade Water Alliance to the Utilities Committee. Pat Brodin explained the formulation and purpose of Cascade Water Alliance. Cascade was essentially created when several King County communities decided to breakaway from Seattle for water supply in search of a cost effective and environmentally sensitive water source. Cascade Water Alliance is an association of eight cities and water districts in the Puget Sound region working together to ensure a clean, safe, and reliable water source. Cascade supplies nearly 50% of retail water sales in King County outside of Seattle; including over 370,000 residents and 22,000 businesses in the Cities of Bellevue, Kirkland, Redmond, Issaquah, and Tukwila and Covington Water District, Sammamish Plateau Water Sewer District and Skyway Water Sewer District. INFORMATION ONLY. II. BUSINESS AGENDA A. Comcast Communications Conduit Agreement Staff is seeking Council approval to enter into a Communications Conduit Agreement with Comcast of Washington IV, Inc. Currently, the Comcast franchise agreement with the City focuses on providing cable television and high speed internet to the residents of Tukwila, but not to commercial businesses. In Comcast's efforts to offer these services to Tukwila's Commercial Business District, they are seeking to utilize a portion of the City's conduit located at the Strander Boulevard Bridge in order to extend their fiber optic infrastructure. Among the many benefits offered by the agreement, use of the City's conduit will enable Comcast to provide cable television and high speed internet to commercial businesses as well as facilitate broadband development through the Central Business District. UNANIMOUS APPROVAL. FORWARD TO MAY 12 COW FOR DISCUSSION. B. 2008 Annual Small Drainage Program Design Consultant Selection and Agreement Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of $58,723.60 for design services for the City's Annual Small Drainage Program. Utilities Committee Minutes Mav 5. 2008 Paae 2 Six projects have been identified for construction in 2008 through maintenance and citizen complaints. Additionally, a feasibility review will be conducted of a seventh possible project. Through this design services agreement, KPG, Inc. will be able to tell the City the most cost effective way to approach and construct this project. Staff will return to the Committee for program bid award at a later date. UNANIMOUS APPROVAL. FORWARD MAY 12 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 6:17 p.m. Next meeting: Monday, May 19, 2008 5:00 p.m. Conference Room No. 1. Committee Chair Approval Mindtes by KAM. Reviewed by GL COUNCIL AGENDA SYNOPSIS y Initials ITEM NO. p ti .Meeting Date Prepared by Mayor's review I Council review %fir t g) 05/12/08 I DCS Oc' I 05/19/08 1 DCS 1 f I ITEM INFORMATION. CAS NUMBER: 08-058 'ORIGINAL AGENDA DA i i MAY 12, 2008 AGENDA ITEbiTITLE Tukwila Village: Discussion of Request for Proposals (RFP) CATEGORY Discussion Motion n Resolution Ordinance Bic1Award Public Heanng n Other Mtg Date 05/12/08 Mtg Date 05/19/08 illtg Date Mtiltg Date Altg Date Mtg Date Mtg Date SPONSOR Council Major Adm Svcs DCD Finance f l Fire f l Legal P&R Police fl PlV SPONSOR'S The City has selected three developers to respond to a Request for Proposals (RFP) to SUM MARY develop Tukwila Village. On 5/19/08 the Council will be asked to approve the issuance of the RFP. Tonight's item is a presentation to provide an opportunity to discuss the RFP. No Council action is needed at the 5/12/08 meeting. REVIEWED BY COW Mtg. CA &P Cmte n F &S ante Transportation Cmte Li Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1'E. RECOMMENDATIONS: SPONSOR /ADMIN. Not applicable COMMITTEE GOST=IMPACT SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments 1 MTG: DATE RE-C= _ORD -C?F COUNGIL 4/28/08 Update provided to Council on the Request for Qualifications (RFQ) process. MTG. DATE ATTACHMENTS 05/12/08 Informational Memorandum dated 5/8/08 Example RFP (Federal Way) City of Tukwila Jim Haggerton, Mayor Wi. +J�� p Office of the Mayor 111 s 01111 6200 Southcenter Boulevard 0 Tukwila, WA 98188 1 90$ tiiWw ci. tukwila.wa.us Date: May 8, 2008 To: Mayor City Administrator From: Economic Development Administrator Re: Tukwila Village RFP Issue The City is in the process of selecting a developer for Tukwila Village. The next step is to issue a request for proposals (RFP). The Council has requested to approve the RFP before it is issued. Backeround On Febrary 29, 2008 the City issued a Request for Qualifications (RFQ) and received applications from nine developers. The administration has reviewed those applications and deteunined there are six developers qualified for the Tukwila Village project and, of those, the three most qualified developers are: Legacy, Opus Northwest LLC, and Tarragon. The next step is to issue an RFP to those three developers. Discussion Staff is still drafting the RFP for Tukwila Village with the intent to provide it for approval at the Council meeting on May 19, 2008. An example of an RFP that was issued by the City of Federal Way in 2007 is attached. Tukwila's RFP will be very similar to the Federal Way RFP. The most significant differences are: (1) Purchase Price: The Federal Way RFP is more similar to an actual bid for purchasing the property than is appropriate for Tukwila Village. The Tukwila Village RFP will require the developer to submit an estimated purchase price in their proposal but that estimate will be non binding. The actual purchase price will be deteinuined through negotiations once one developer has been selected. The estimated purchase price will enable the City to compare potential City revenue to the other benefits of different development concepts. Federal Way's RFP was appropriate for their project because there were many fewer unknowns for that property. (2) Standard Assumptions: Because there are so many significant unknowns that can affect the purchase price of the property, the Tukwila Village RFP will include some standard assumptions in order to simplify comparisons between proposals. For example, we may ask the estimated purchase price to assume no changes to current zoning. (3) Selection Criteria: The Tukwila Village RFP will be less foimulaic in the selection criteria. At some point after the developer presentations, community meeting, and Council discussion, the Council will be asked to select one developer by taking into account a number of criteria but without a specific mathmatical formula. (4) Quality Construction: The Tukwila Village RFP will require more detail about how the developer will ensure quality construction and design. (5) Quality Operations: The Tukwila Village RFP will require more detail about how the developer will ensure the development is operated in a quality manner. This could include explanation of their tenant selection criteria, covenants, conditions and restrictions (CC &Rs), management incentives, past experience, ownership structure and philosophy, etc. (6) Sustainable and Green Development: The Tukwila Village RFP will ask for more detail about the developer's plans to utilize green, sustainable, or low- impact development principles. (7) "Activating the Space The Tukwila Village RFP will require more detail about how the developer will ensure the development creates a place for people to gather and connect. (8) Artist, Senior, Workforce Housing: The Tukwila Village RFP will require information on the developer's plan to include housing with income Limits to attract artists, seniors, and others in the workforce (teachers, retail workers, young professionals, etc.). (9) Library Parcel: The King County Library administration has indicated they will need to sell the current Iibrary site in order to move into Tukwila Village. We will ask the developers to indicate their interest in purchasing the library property. There are some questions that I would like Council feedback 011 in preparation of the RFP. We do not need to reach conclusion on all of these questions prior to issuing the RFP, however, we will get better responses as we better clarify our goals. My recommendations are: (1) Location of Plaza and Library: In the application for the RFQ, one of the developers proposed the first phase of the development to occur on the south parcels (where the mexican restaurant is located). This first phase would include the library, outdoor plaza, police neighborhood resource center, retail, and apartments. I recommend that we reauire the library, plaza, resource center, etc. to be located on the north parcels, which was the concept recommended by Metrovation (Ron Sher) I think this will take better advantage of the sunlight, wind, and visibility and create a better outdoor plaza experience. This requirement might reduce the estimate purchase price for the property. (2) Entitlements (zoning, units /acre, and height): At least one of the developers proposed a concept that assumes building to a height of 65' instead of the current limit on that site of 45'. This concept also assumes maximizing the number of residential units that would fit on the property given the height, parking, landscaping, and other space constraints. I recommend we indicate that we are willing to consider changes in entitlements during the negotiations process. (3) "City Role in Activating the Space One of the concepts recommended by Metrovation (Ron Sher) to create a community gathering place is to have an indoor commons area attached to the outdoor plaza. The commons could have some small food vendors with movable tables and possibly a small stage. It could be a place for casual meetings, community performances, etc. None of the developers who responded to the RFQ specifically described this sort of indoor public space. Even if a developer builds it, the question is who coordinates scheduling the space. In Lake Forest Park's Third Place Commons, a non profit organization called Friends of Third Place Commons handles the scheduling. The non profit is funded through the City, commercial tenants, and private donors. My recommendation is that we indicate a preference for indoor public meeting/gathering space and that we are willinw to consider a partnership with the developer in tellis of leasing and scheduling the space. Note: A City role in programming the space is a separate issue and can be addressed during negotiations. (4) Workforce Rental Housing: A question is how interested is the City in attracting artists, seniors, retail workers, teachers, young professionals, and other families who earn between 50% and 80% of the area median income (AMI). For a family of three, this annual income would range between $36,650 and $55,350 and monthly rents for a two bedroom apartment would range from approximately $900 to $1,300 per month. Note: for comparison, a teacher in the Tukwila School district starting with a Bachelor's degree can expect to earn $36,943 annually (which already includes additional compensation). In addition to being affordable to these families, this approach may make the project eligible for tax exempt financing and tax credits and increase the property sales price. My recommendation is that we indicate a preference for a portion of the residential units to target families beween 50% and 80% of the area median income. In add (5) Workforce Ownership Housing: A related question is how interested the City is in attracting ownership housing (townhomes or condos). Of the three most qualified developers, only one expressed an interest in considering condominiums and that depended on the market demand at the time of development. We may have more success in encouraging moderately priced condos or townhouses for homebuyers if we are willing to attract homebuyers with incomes in the 80% 120% AMI. For a family of three, this annual income ranges from between $55,350 to approximately $88,000. My recommendation is that we indicate a preference for a portion of the residential units to be for -sale units targeted to families between 80% and 120% of the AMI. Next steps. Our next step is to issue a request for proposals (RFP) to these three developers. I am drafting the RFP and will ask for it to be discussed at the City Council meetings on May 12th and 19 If we are able to adhere to this schedule, we could receive the developer proposals in mid -June with a community meeting in late June (tentatively June 25th or 26th) and Council selection of one developer in early July. Recommendation Provide suggestions on the above issues and approve issuing an RFP. Please contact me at 206 -433 -1832 or dspeck @ci.tukwila.wa.us if you have any questions. Attachment: Example RFP (Federal Way) Summary of developer concepts TUKWILA VILLAGE Tukwila Village Developer Concepts Leaacv Partners Develop in phases, starting on southeast corner Phase 1: Library, PNRC, 10,000 square feet retail, 150 apartments (80 -120% area median income) Phase 2: 150 apartments Phase 3: northeast corner: office or other Ownership horizon: typically 7 -10 years No pre leasing requirement Opus Northwest. LLC Small office and retail spaces, national credit tenant and local retailers, neighborhood professional services. For -rent and for -sale residential. 50% pre -sales for condos; some pre leasing requirements for office and retail Tarragon Street level retail with office or residential above, depending on project timing and market Prefers condo quality apartments instead of condos Likely to retain Tong -term ownership Pre leasing or pre -sales to be determined The above concepts are excerpts from the information each developer provided in their response to the request for qualifications (RFQ). Updated: May 8, 2008 E xample CITY OF Federal Way REQUEST FOR PROPOSAL PURPOSE OF REQUEST. The City of Federal Way "City") is requesting proposals from the three finalists for the purpose of redevelopment of the former AMC Theaters site. The City's needs are outlined in the following Request for Proposal "RFP 11. TIME SCHEDULE. The City will follow the following timetable, which should result in a selection of a firm by 6/19/07. Issue RFP 4/27/07 Deadline for Submittal of Letter of Intent 5/7/07 Deadline for Submitting Written Questions 5/28/07 Deadline for Submittal of Proposals 6/4/07 Presentation of Proposals 6/7/07 Preliminary Selection of Firm 6/12/07 Notify Firm Chosen 6/19/07 Submittal of Letter of Credit by Development Team 6/30/07 Purchase Sale and Development Agreements Finalized 9/30/07* This is a preliminary estimate. This tzmeframe may be changed by mutual agreement of the parties. III. INSTRUCTIONS TO PROPOSERS. A. Questions regarding the Project or this RFP process must be directed in writing (e -mail, fax, or mail) to the contact stated below. The City will respond to all questions in writing via email to representatives of all three finalist teams. The deadline for submitting questions to the City shall be 5/28/07 at 5:OOpm, PST. B. All proposals should be sent to: Patrick Doherty, Economic Development Director City of Federal Way P.O. Box 9718 -1- E xample Federal Way, WA 98063 -9718 (253) 835 -2612 (email contact: natrickdncitvoffedera1way.com) C. All proposals must be in a sealed envelope or packet and clearly marked in the lower left-hand corner: "RFP for City Center Redevelopment" D. All proposals must be received by 3:00 p.m., 6/4/07, at which time they will be opened. Ten (10) hard copies of the proposal must be presented, together with one electronic copy on CD. No faxed or telephone proposals will be accepted. E. Proposals should be prepared simply and economically, providing a straight forward, concise description of provider capabilities to satisfy the requirements of the request. Emphasis should be on completeness and clarity of content. Use of recycled paper for requests and any printed or photocopied material created pursuant to a contract with the City is desirable whenever practicable. Use of both sides of paper sheets for any submittals to the City is desirable whenever practicable. Proposals shall include a fully completed "Proposal Submittal Form" and "Statement of Financial Capability" Foini, attached hereto as Appendix E and Appendix F, respectively, and incorporated by this reference. F. The Economic Development Director or representative will notify the firm selected by 6/19/07. G. All proposals must include the following information: 1. A concise narrative describing the development proposal for the site, including: a. Project components and sizes (square footage); b. Potential user /tenant profile; c. Revenue sources; d. Descnption of the design concept for the project, addressing: i. Overall project image statement ii. Quality and character of the public realm, including landscaping concept plans iii. Outline for design guidelines, including program for major building materials, finishes, colors, amenities, etc. iv. Environmental sensitivity and/or sustainability approach e. Describe approach to project management. -2- Example 2. Schematic plans (not to exceed 11" x 17 "format) should be submitted to illustrate the development proposal, including site plans, vehicular and pedestrian circulation routes, sections, pnncipal elevations and illustrative sketches. 3. Strategy for gaining community and area input and support for the development, including identification of team members that will develop a working relationship with community groups. 4. Completed development summary and financing data, including: a. Development information i. Gross square feet of land area by land use type (including public space) ii. Gross and net building square feet by land use type ni. Proposed development timeline and /or phasing (Phase I should be completed within two [2] years) b. Development budget and pro foinia. Provide a development budget for the proposed development program including an explanation of methodology for arriving at the estimate (e.g., feasibility study, standard construction cost estimating, etc.). Please use the electronic spreadsheet template that will be provided by the City, or reasonable facsimile, ensuring to apply State and local sales taxes, where applicable. Also provide an operating pro forma for the development program over a five (5) -year period or other period selected by the Proposer, with explanation for use of alternative period. 5. Business Deal Property acquisition price and terms and proposed business deal with the City, including any proposed participation, if any, by the City, as well as significant deal terms for such participation. Please refer to "Incentive Policy" and "City Council Adopted Criteria for Public- Private Partnerships in City Center," attached hereto as Appendix C and Appendix D, respectively, and incorporated by this reference. For any proposed City of Federal Way participation, the following information will be required, as applicable: a. Amount of participation requested and its purpose. b. Demonstrated financial gap indicating need for such participation. c. Timing of City participation. -3- E xample d. Identification of potentially suitable alternative sources or reco n the event proposed City participation is not secured. 6. Project Schedule. Provide a project schedule or timeline. 7. Estimated economic impact of the project to the City of Federal Way over ten year period. 8. Proposer Experience. For each equity partner, provide the following: a. Proposer/Development entity i. Full legal name ii. Entity type (e.g., corporation, LLC, partnership, etc.) Principals, members and/or owners iv. Primary contact regarding submitted proposal. b. Proposer. Identify and provide a brief resume of the qualifications for key members of the Proposer, including: i. Principals, members and/or owners of the development entity. ii. Project manager iii. Financial partners iv. Other c. Ownership entity. If different from Proposer, indicate whether existing or proposed. Please include: i. Type (e.g., corporation, LLC, partnership, etc.) ii. Foiination date iii. Formation state iv. If partnership, identify: 1. General partner, 2. Managing partner d. Development experience i. List all related development projects in which the Proposer or principal(s) has (have) been involved over the past three (3) years, indicating for each: 1. Project summary description (including location, date, size, cost, etc.) 2. Construction lender and amount -4- Example 3. Role of the development entity /principal(s) in t project 4. Role of the public development partner, if applicable 5. Status of project (completed, in construction, etc.) 6. References ii. Describe in greater detail those projects from the previous list that are similar in type, size, scale or complexity to the development project being proposed to the City, including for each: 1. Role of public agencies, if any 2. Total development cost 3. Time between project milestones a. Property acquisition b. Construction financing obtained c. Start of construction d. Opening/first tenant 4. Marketing and sales performance a. Level of prelease /sales at opening b. Length of time from opening until lease /sales equaled 90% occupancy. 5. Contact references for: a. Construction lender b. General contractor c. Sales /leasing broker 6. Role of current development entity and/or principal(s) in the project. 7. Architectural quality and urban design characteristics. 8. Explanation of any regulatory or land use issues that required resolution. iii. List any current projects in the predevelopment, design or construction phase, including: 1. Project description and status (including location, size, cost, etc.) 2. Construction lender and amount (if known) 3. Role of the development entity in the project. 9. Earnest money deposit. A certified cashier's check in the amount of One Hundred Thousand and No /100 Dollars 100,000.00) and payable to the City of Federal Way shall be submitted with the proposal. This earnest money deposit shall represent the good -faith intent of the Proposer to purchase said property from the City and negotiate a Disposition and Development Agreement "DDA should Proposer be selected by the City as the successful RFP Proposer. -5- E xample IV. SELECTION CRITERIA. Factor Weight Given 1. Responsiveness of the proposal to the purpose and scope of the City's redevelopment vision. 35% 2. Financial package, including purchase price for City land, City financial participation, economic impact, etc. 35% 3. Ability and history of successfully completing projects of this type, delivering projects on time and on budget, and financial capability. 30% Total Criteria Weight 100% Each proposal will be independently evaluated on factors 1 through 3. V. TERMS AND CONDITIONS. A. Respondents must submit a Letter of Intent, stating intention to submit a proposal in response to this RFP, by 5:00 p.m., 5/7/07. B. The City reserves the right to reject any and all proposals, and to waive minor irregularities in any proposal. C. The City reserves the right to request clarification of information submitted, and to request additional information from any proposer. D. The City reserves the right to award any contract to the next most qualified contractor, if negotiations with contractor are not successful within ninety (90) days after the award of the proposal. E Any proposal may be withdrawn up until the date and time set above for opening of the proposals. Any proposal not so timely withdrawn shall constitute an irrevocable offer, for a period of one hundred twenty (120) days, to sell to the City the services described in the attached specifications, or until one or more of the proposals have been approved by the City administration, whichever occurs first. F. The contract resulting from acceptance of a proposal by the City shall be in a form -6- E xample supplied or approved by the City, and shall reflect the specifications in this The City reserves the nght to reject any proposed agreement or contract that does not confoini to the terms contained in this RFP, and which is not approved by the City Attorney's office. G. The Proposer selected by the City shall enter into a Memorandum of Understanding "MOU") for an exclusive negotiation process. The MOU shall describe the mutually agreed -upon schedule and process for amving at a Disposition and Development Agreement "DDA The DDA shall serve as a purchase and sale agreement for the subject property, as well as a development and design agreement for the development project. H. Earnest money checks will be held by the City and NOT CASHED until a deteiniination has been made: 1. To enter into an MOU with a selected Proposer. i. The City will cash the earnest money check of the selected Proposer once the Proposer has been advised in writing by the City that Proposer has been selected. The earnest money funds may be returned to Proposer once a binding DDA has been entered into or, at the discretion of the Proposer, the funds may be applied to any payment or deposit required by the DDA. ii. If the City and the selected Proposer do not enter into a binding DDA, the earnest money funds will be retained by the City as liquidated damages. However, if failure to enter into a binding DDA is the sole fault of the City, the earnest money funds shall be returned to the selected Proposer. OR 2. That no proposals are acceptable. Earnest money checks will be returned to all Proposers not selected by the City. I. Upon completion of successful negotiation, the City and the development team will enter into a DDA, outlining in detail the Willis and conditions of the real property conveyance, as well as details of the proposed project. Discussion of major urban design objectives, including architectural concepts, open space qualities and amenities, building materials, etc., may also be included in the DDA. J. The City shall not be responsible for any costs incurred by the firm in preparing, submitting or presenting its response to the RFP. -7- Example VI. SCOPE OF SERVICES A proposal to acquire the foinier AMC Theaters site and to develop a project consistent with the "Redevelopment Vision and Pnnciples" and "Additional Details regarding Potential Participation by Highline Community College and/or Federal Way Public Schools," attached hereto as Appendix A and Appendix B, respectively, and incorporated by this reference. VII. APPENDICES Please see the following attached Appendices: Appendix A Redevelopment Vision and Principles Appendix B Additional Details regarding Potential Participation by Highline Community College and/or Federal Way Public Schools Appendix C Incentives Policy Appendix D City Council- Adopted Cntena for Pubhc- Private Partnerships in City Center Appendix E Proposal Submittal Form Appendix F Statement of Financial Capability -8- E xample 1_;_, Redevelopment Vision and Principles The City is seeking to select a developer who shares the enthusiasm and vision for a vibrant downtown Federal Way as a place to live, work, shop, and play. The Project envisions a dense mix of uses, featuring urban housing, commercial uses and open spaces. A central approach for the renaissance of City Center consists of encouraging strategic investment in a compact environment that contains an appropriate mix of land uses, gives greater emphasis to multiple forms of access, and creates a unique sense of place. Vision The Federal Way City Center will be highly urbanized, mixed -use urban center with a concentration of housing units, commercial uses, jobs and public spaces supporting public transportation, pedestrian activity and a sense of place. Predominant land uses will be residential, commercial and public The Project should serve as a catalyst within this urban center, designed to bring an active and vital mix of uses to the area in a pedestrian- friendly, transit supportive format. Different land uses will be found side by side or within the same structures. The mix of uses will be located m a development with minimal setbacks, reduced parking requirements, and taller structures, all in an effort to achieve higher densities necessary to support "the place." It will serve as a catalyst for public and private investment and economic activity, effectively building off the strengths of the surrounding area and connecting to adjacent neighborhood. Desired Components of the Vision The desired components of this catalyst Project include the following: Highest and best use of the site. Mid -rise and high -rise buildings as well as low -rise components, achieving the sense of an "organic" village of structures, not a single "project." o There is a strong preference for a transformational project that will serve as a catalyst for a new generation of urban redevelopment in the Federal Way City Center o High -rise components, if feasible, would likely contribute greatly to this transformational character. o Similarly, a range of building mass and /or height, type, design expression, etc will impart the desired urban village character. o The City also places a high priority on this project's being fully successful programmatically, architecturally and financially Consequently, it is important that the proposal demonstrate the sustainability and feasibihty of the range of uses, construction types, price points, etc., proposed. Mix of uses residential (both lease and own), office, retail, service, entertainment, or institutional, etc o An additionally important component of the urban village concept is as full a range of uses within the project as feasible. A range of complementary uses provides activity during day and evening hours, and creates a strong sense of place and community -9- E xample Public open space in a "town square" format that is seamlessly integrated with surrounding development for activation, programming, passive vigilance, etc., and including art work and/or artistic expression. Superior urban design, site planning and building design. o Site planning should arrange uses and building masses in a way that creates a strong sense of place, provides human -scale and comfortable public places, and also allows for integration with surrounding areas to create natural pathways and connections to future redevelopment nearby. o Urban design details are important. Buildings should provide attractive, human-scale and interactive facades along sidewalk frontages as well as interior public space frontages. Public spaces should be designed to encourage both formal and casual activity, spill -out of adjacent uses (cafes, shops, etc.), and areas for gathering or performance o Building design is of the utmost importance. With tittle historical context to derive from, design expression at this site will create a new urban context and will set the standard against which future projects will be designed. Architectural expression should be refined, elegant and timeless, as well as appropriate for a newly emerging urban center. Building materials should be solid, durable, sustainable and enduring. Lower levels within the pedestrian realm should include copious use of human -scale elements, such as brick, stone, masonry units, tile, etc. Fenestration, particularly for residential components, should be generous, with use of large- format openings and copious glazing, where possible. Adherence to the Development Goals and Principles enunciated below In addition, while not a required component, there is a strong community desire to see the following included in a redevelopment project on the Site, if feasible. Facilities to house either or both the Federal Way campus of the Highlme Community College and the administrative offices of the Federal Way Public Schools. Both institutions have expressed interest in potentially locating at the Site, as well as participating in a future development. Please see Appendix 13 for further details of each institution's needs and general terms Development Goals and Principles As a development catalyst in a significant location in the Federal Way City Center, the Project should embody the best of Smart Growth principles and should be an urban design showcase. The final development plan to be prepared by the selected developer should incorporate these goals and principles as a fundamental part of the plan: Goals: Address underserved market niche Support stabilization and diversification Provide direction for targeting and leveraging public investment Advance a market tested stakeholder vision over the near- and long -term (as expressed herein) Advance a physically and economically sustainable plan Principles: 10- E xample Smart Growth Principles, as defined by the American Planning Association (APA), 1998, including: Efficient use of and resources; Full use of urban services; Mix of uses; Transportation options; and Detailed, human -scale design. "Green" or Leadership in Energy and Environmental Design (LEED) development principles to the extent feasible (LEED rating not required) Provide maximum opportunities for viable mixed -use commercial development. Contribute to the overall character of Federal Way. Provide a variety of urban housing opportunities Provide interesting and active facades at the street level. Respect and interact with surrounding property values and land uses. 11 Example Additional Details regarding Potential Participation by Highline Community College and /or Federal Way Public Schools As stated in the RFQ, while not a required component, there is a strong community desire to see included in a redevelopment project on the Site facilities to house either or both the Federal Way campus of the Highline Community College and /or the administrative offices of the Federal Way Public Schools. Both institutions have expressed interest in potential location at this Site, as well as participation in a future development. It is fully understood that the ability of a development team to include either or both of these institutions in a redevelopment scheme for the Site is speculative and no commitments at this time can be made, nor are expected, by any of the parties The following is summary of each potential participant's programmatic needs and preliminary terms of potential participation, as well as contact information: Highline Community College The College currently operates a satellite facility in Federal Way in leased space in the West Campus neighborhood. As their lease is slated to expire towards the end of 2009, the College has stated its interest in seeking out opportunities for a future location in the City Center, particularly within walking distance of the Transit Center The College has stated it would need approximately 20,000 square feet to contain administrative space, classrooms /labs and the Small Business Development Center Such a facility would require high quality IT infrastructure. Lastly, the College has stated that its potential participation may be limited to leaseholder interest only Contact: Larry Yok, Vice President, (206) 878 -3710, x 3545 or at: lvok@highhne.edu Federal Way Public Schools The administrative offices for Federal Way Public Schools (FWPS) are currently located within the City Center, approximately two blocks from the Site. FWPS has indicated that its facilities are outdated and it would be interested in potential new facilities within the City Center, similarly within walking distance of the Transit Center. FWPS has stated that it would need approximately 35,000 to 40,000 square feet to include administrative office space and a board room. Similarly, FWPS would require high- quality IT infrastructure. As contrasted with Highline Community College, FWPS has stated that its potential interest in a redevelopment project would take the form of equity participation only, not a leaseholder position. Essentially, their equity participation would be limited to the value of their existing property /facility (located a block to the NW) that they would sell. Contact: Tom Murphy, Superintendent, 253 -945 -2000 or at: luturnhv@fwns.org 12 Example Incentives Policy (from RFQ) The City recognizes the physical and financial challenges that can accompany infill redevelopment, especially when compared with development of vacant "greenfield" sites. Consequently, it is the City's intent to consider actions that may help to "level the investment and regulatory playing fields." The City further recognizes that no single action will address this objective, but rather that this will be dependent on a series of actions designed to capitalize on market opportunities and overcome barriers The City has identified the following incentives and is willing to discuss their potential application to an appropriate redevelopment project: Provision of a Lead staff contact for the Project to facilitate and expedite permit approvals among various City departments, consistent with the development goals identified in the RFP, 10 -year limited property tax exemption enacted for residential development and certain mixed -use development components; Area -wide environmental impact statement completed 2006; Favorable zoning City Center zoning allows for higher density uses, with up to 200 feet in height allowed; Favorable Building Code provisions that allow 5 -story wood -frame over concrete construction; Citizen outreach and assistance with public meetings; Redevelopment partnership funds. City funds may be made available to help finance pubhc components, such as public open space, infrastructure, and public parking. The City will be considering the potential applicability of State funds for public components through the Local Infrastructure Financing Tool (LIFT) which are approved by the Community Economic Revitalization Board (CERB). Other incentives not listed above. Incentives potentially available from the City are not intended to replace other project financing from pnvate or public sources. Rather, they are intended to be flexible resources that can potentially bridge funding gaps which may be created by the difficult and sometimes costly nature of such purposeful developments. For incentives proposed in the statement of development concept anticipated sources of funds the following information must be provided for each proposed funding resource. 1 Amount of public funding requested. 2 Need for project funding indicating why funding is needed for project feasibility. 3 Timing of funding release. 4. Purpose or use of funding 5. Eligibility for funding consistent with fonder requirements. 6 Identification of potentially suitable alternative sources or recourse in the event funding as proposed is not secured. Once City identified criteria are satisfactorily addressed, staff will work with the developer or 13 E xample development team to further analyze specific details about the project's financial pro forma and factors as warranted. Any financial assistance to the project will be determined based upon the nature and extent of the "gap" between the total project costs, amount of public components, and amount of private investment to cover those costs, assuming a market average rate of return on the private investment. Based upon this information, City staff will then determine the extent of the City's potential participation in the project. Moreover, the level of any City participation will be dependent, in part, on the fiscal impact of the project to the community and expected private investment- leverage resulting from its participation. The ultimate goal will be to make the project economically self- supporting as quickly as possible. 14- E xample City Council Adopted Criteria for Public- Private Partnerships in City Center Preference for public participation will be given to projects that rate highly with regard to the following guidelines and /or objectives: The proposed development is comprised of (or contains) a mix of uses in a variety of building sizes and heights, and /or offers a "village" or "lifestyle center" site and building design, with such elements as street- oriented storefronts, outdoor eating and dining, and outdoor public amenities, such as artwork, fountains, plazas and seating. Projects with the greatest mix of uses (retail /service, residential, lodging and office) will be given priority Phasing may be allowed to accomplish the full mix of uses contemplated in a development concept. The proposed development is transit oriented in design and concept, where feasible, especially when in proximity to the Transit Center; The proposed development is of superior site and building design, including use of high- quality materials. Parking facilities (both surface lots and structures) are aesthetically pleasing and integrated into the design of the overall project. Parking structures include street -level uses and /or are preferably be wrapped by other uses, where possible, to reduce their apparent bulk and mass. The proposed development is located within the City Center and is of sufficient scale and scope to have a substantial impact on the image and desirability of the City Center and suggests a high probability of inducing additional, spin -off development; The proponent can provide a solid track record with similar private development (previous experience in public- private partnerships desirable), The project is projected to provide additional jobs at a variety of levels. Projects with family wage and higher- paying jobs will rate more highly against this guideline. The proponent provides an economic impact analysis. A detailed analysis and estimate of the project's direct economic impact in increased property, utility, and sales taxes, as well as an analysis and estimate of indirect economic impacts by multiplier effects throughout the local economy; When selected for partnership consideration, the proponent provides a financial "gap" analysis, including development costs, projected revenue, disclosure of developer's desired capitalization rate, mternal rate of return (based on other portfolio projects), etc., in order to determine the necessary level of public participation. 1 5 Example Proposal Submittal Form (Must be returned with proposal) The owner or an officer of the firm must sign this document, A Corporate seal or a letter of authorization is needed for any other signer. I have submitted this proposal on behalf of my firm this day of 2007. Firm Name: Address: Authorized Signature: Title: Telephone Number: Fax Number: Email Address: Alternate Contact: TO BE COMPLETED BY THE NOTARY: State of SS. County of ['Stale and county where notarized must be written in for proposal to be considered] Signed and sworn to before me on this day of by [Printed name of individual who signed above.] My Commission Expires Signature of Notary Public My Commission Number 16- Example Confidential Statement of Financial Capability A. Proposer /Development Entity Information 1. Official Company /Entity Name: 2. Mailing Address: State /Zip: 3. If at this address less than 1 year, prior address: 4. Primary contact regarding this information: 5. Telephone Number: B. Development Entity. The Development Entity named above is: sole proprietorship Soc. Sec. corporation —FID nonprofit or charitable institution or corporation FID partnership FID business association or a joint venture FID limited liability company FID Federal, State, or local government or instrumentality thereof Other explain: D. Date and State of Organization. If the Proposer /Development Entity is not an individual or a government agency or instrumentality: 1. Date of organization: 2. State of organization E. Proposer /Development Entity Principals. Names of owners, officers, directors, trustees, and principal representatives of the Proposer /Development Entity: Name, Address, ZIP Description of of Ownership code Interest /Relationship Interest j 1 1 I I 1 I 1 I 17- I Example I F. Proposer /Development Entity Affiliations. Is the Proposer /Development Entity a subsidiary of, or affiliated with, any other corporation or corporations or any other firm or firms? Yes No If Yes, provide the following information: Corporation /Firm Relationship to Common Proposer/ Officers /Directors Development Entity Name Address Name Address Name Address G. Bankruptcy. Has the Proposer /Development Entity or the parent corporation (if any), or any subsidiary or affiliated corporation of the Proposer /Development Entity or said parent corporation, or any of the Proposer's /Development Entity's officers or principal members, shareholders or investors filed for bankruptcy, either voluntary or involuntary, within the past 10 years? Yes No If Yes, provide the following information: 1 Name I Court I Date I Status j 1 1 H. Loan Defaults. Has the Proposer /Development Entity or the parent corporation (if any), or any subsidiary or affiliated corporation of the Proposer /Development Entity or said parent corporation, or any of the Proposer's /Development Entity's officers or principal members, shareholders or investors defaulted on a loan or other financial obligation? Yes No If Yes, explain: I. Litigation. Is the Proposer /Development Entity or the parent corporation (if any), or any subsidiary or affiliated corporation of the Proposer /Development Entity or said parent corporation, or any of the Proposer's /Development Entity's officers or principal members, shareholders or investors party to any pending criminal or civil litigation that could potentially impact the financial capability of the Development Entity to complete the proposed development? Yes No 18 E xample If Yes, provide the following information, and attach any additional inform or explanation deemed necessary: 1 Date Filed I Court I Current Status J. Financial Condition. Attach to this statement a three -year certified financial statement showing the assets and the liabilities, including contingent liabilities, of the Proposer /Development Entity fully itemized in accordance with accepted accounting standards. To be certified, the statement must contain an auditor's opinion, or be compiled /prepared by a certified public accountant (CPA) or public accountant (PA). If the date of this certified financial statement precedes the date of this submission by more than six months, also attach an interim balance sheet not more than 60 days old. K. Conflict of Interest. Does the Proposer /Development Entity currently have or plan to have as an officer, member, employee, shareholder, investor or financing partner of the Entity any person who is currently an officer, agent, or employee of the City of Federal Way? Yes No 1. If Yes, identify and explain: 2. If Yes, does anyone identified above (K -1) have direct or indirect pecuniary interest in the Proposer /Development Entity or in the redevelopment or rehabilitation of the property being proposed by the Proposer /Development Entity to the City? Yes No 3. If Yes, describe and explain: L. Additional Information. Attach any additional evidence deemed helpful to demonstrate the Proposer's /Development Entity's financial capacity and capability to complete the proposed development. 19 E xample CERTIFICATION I1 certify under penalty of perjury under the laws of the State of Washington that I am authorized to submit this information on behalf of the Proposer /Development Entity and that the statements made in this Statement of Financial Capability are true and correct. I further authorize the City of Federal Way, or any employee or agent acting on behalf of the City of Federal Way, to undertake any investigation deemed appropriate to verify the information contained herein. Printed Name Title Signature Date a If the Proposer /Development Entity is an individual, this statement should be signed by such individual; if a partnership, by one of the partners; if a corporation or other entity, by one of its chief officers having knowledge of the facts required by this statement. 20 COUNCIL AGENDA SYNOPSIS ITEm No. Irntzals 5 -i i 2 A4eetzn Date 1 Prepared by Mayor's review I Council review o� 05/12/08 I I I I o 5, it cJ ITEM INFORMATION CAS NUMBER. 08-059 'ORIGINAL AGENDA DATE. MAY 12, 2008 AG END ITrm TI17.r. Contract with the Prothman Company for the services of Interim Finance Director. CATEGC)R1' Discussion Motion Resolution Ordinance BicIAward L Public Heannd E Other Mts Date 05/12/08 Mtg Date 5/ 12/0 ■33118 Date Mlltg Date zlitg Date illtg Date zllig Date +SPONSOR n Council ma Adm Svcs n DCD (11 Finance n Fire n Legal P&R 1 1 Police PIY/ SPONSOR'S Authorize the Mayor to sign a contract with the Prothman Company for the services of Bob SUMMARY Noland as Interim Finance Director beginning May 12, 2008. This item is being forwarded to the Special Meeting following the May 12 Committee of the Whole. RE\ IEwEi) B 1 U COW Mtg 1 CA &P Cmte n F &S Cmte 1 1 Transportation Cmte U Utiltttes Cmte Arts Comm. Parks Comm. E Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /AD\IIN. Authorize Mayor to sign contract CO `IMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $15,844 per month $12,719 per month $3,125 per month Fund Source: Comments 1 MTG. DATE RECORD OF COUNCIL ACTION 5/12/08 MTG. DATE 1 ATTACHMENTS 5/12/08 Informational memorandum dated 5/8/08 Contract with the Prothman Company Resume of Bob Noland ''o:` Z' It 1 \M y :o f 8 i 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor 7 908 To: City Council From: Mayor Haggerton Date: May 8, 2008 Re: Contract for Interim Finance Director As you are aware, Finance Director Kevin Fuhrer is leaving his employment with the City as of close of business on Thursday, May 15. Because of financial issues facing the City, particularly the implementation of a biennial budget, I have sought the services of an interim Director to get us through the period until a peiinanent director is selected. I have identified a suitable interim Director, Mr. Bob Noland, through the services of the Prothman Company. Mr. Noland will start with the City on Tuesday, May 13. Mr. Noland is the former Finance Director for the City of Kennewick, and has experience with biennial budgeting and with Eden Systems software which is the backbone of our financial operations. The costs of hiring Mr. Noland will be $1500 /mo living expenses, $84/hr salary ($14,112 /mo) and mileage for one trip home to Kennewick per month (460 miles $.505 /mi $232.30), for a total of $15,844.30 per month. The 2008 budget reflects an expenditure of $12,719 per month in salary and benefits for the current Finance Director. If necessary, a budget adjustment will be made at year end to cover any discrepancy between the dollars budgeted versus dollars expended in this area. Council authorization is requested to enter into contract with the Prothman Company for interim services. Questions concerning this may be directed to Rhonda Berry or me. Phone: 206- 433 -1800 e City Hall Fax: 206- 433 -1833 www.ci.tukwila.wa.us ROB TIMAN creating solutions May 7, 2008 Mr. Jim Haggerton Mayor City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Dear Mayor Haggerton: Thank you for your confidence in the Prothman Company. Below is our standard agreement for providing interim services. Would you please sign and return a copy to our offices. Please call me if you have any questions. Term. The term of this Agreement is on going, provided the City may terminate this agreement at any time. Interim Finance Director. The Interim Finance Director serves at the pleasure of the City and shall perform such duties as assigned by the City. The City shall have the right to direct the Prothman Company to replace the Interim Finance Director at any time. Employer Duties of the Prothman Company. The Prothman Company shall provide a Prothman Company employee qualified to act as the City's Interim Finance Director during the term of the contract. The Prothman Company shall (1) pay all wages and other remuneration to its employee who is provided under this Agreement, (2) prepare and file all payroll tax returns and reports, (3) pay all amounts due and owing pursuant to the payroll tax returns and reports, (4) prepare, file, and furnish to the employee applicable employee tax forms, and (5) prepare and file, with a copy to the City, applicable employer tax forms. Duties of the City. When applicable, the City shall provide a work place for the Interim Finance Director and maintain the work place in accordance with applicable health and working standards, notify the Prothman Company immediately of all employee injuries and provide reimbursement to the Interim Finance Director for costs incurred as a result of performing City business such as mileage, travel expenses and other similar costs at the normal City rates and in accordance with the City's cost reimbursement policies applicable to City employees. Fees. The Interim Finance Director's hourly rate is $84.00 for each hour worked by the Interim Finance Director. To help defray the cost of the interim employee's lodging, the city agrees to pay $1,500 per month. In addition, the City agrees to reimburse the Interim Finance Director for one trip home to Pasco, Washington per month. Invoices are due within thirty (30) days of receipt. Delinquent payments will be subject to a late payment charge of 12% (annual) and which will be applied to any unpaid balance owed commencing seven (7) days after the payment due date. 3633 136 PL SE, Suite 206 ®Bellevue, WA 98006+206 368 0050 {ph +206 368 0060 {fx }+www.prothman.com Finders Fee. If the City chooses to hire the Interim Finance Director as a regular City employee the City agrees to pay the Prothman Company the percentage of the starting annual salary based upon the length of the assignment with the City as represented below: 0 to 12 months 10% after 13 months 5% Indemnification. The Prothman Company shall indemnify, defend, and hold harmless the City for the purposes of all required payroll deductions and withholdings, legally required workers' compensation insurance and other employee benefits. The City releases and agrees to indemnify, defend, and hold harmless the Prothman Company, the employees of the Prothman Company, and personnel, directors, and officers of the Prothman Company from any and all actions, claims, damages, or injuries to persons or property, penalties, obligations or liabilities arising out of or related to the services performed by the interim employee that are under the control of the City and are within the course and scope of City employment. The Prothman Company releases and agrees to indemnify, defend, and hold harmless the City, its officers, employees and consultants, from any and all actions, claims, damages, or injuries to persons or property, penalties, obligations or liabilities arising out of or related to the acts or omissions of the interim employee that are not under the control of the City or are not within the course and scope of City employment. If the City is notified or becomes aware of any alleged improper or illegal activities by the interim employee the City shall notify the Prothman Company immediately. CITY OF TUKWILA PROTILI'IAN COMPANY A Jim Haggerton Date Gre rothman Date Mayor President PROTHMAN PROT 3633 136th PI. SE Suite 206 Bellevue WA 98006 Robert F. Noland Experience 2003 2008 The Prothman Company Seattle, WA As an employee of the Prothman Company, served under contract in various interim positions, including: Finance Director City of Battle Ground, 2007 -2008 Deputy City Manager City of Battle Ground, 2007 Finance Director City of Union Gap, 2005 -2006 City Administrator City of Othello, 2003 -2004. 1988 -2003 (Retired) City of Kennewick Kennewick, WA Support Services Director Provide administrative support and direct the activities of subordinate managers of divisions within the Support Services Department. There are three divisions Finance, Information Systems, and Purchasing and Warehousing. Departmental responsibilities include the budgeting, accounting, and financial reporting functions for a city of 60,000 population; providing the billing and customer service function for a water and sewer utility of 19,000 customers; the payroll function for 500 employees; providing information systems support to the various City departments, including a networked PC environment of 300 PC's and devices; providing centralized purchasing and warehousing services to City departments; and providing general administrative and financial support to the eight City departments. 1976 -1988 City of Kennewick Kennewick, WA Finance Director Responsible for the duties noted above prior to a reorganization in 1988 which added the Information Systems function to the department. 1976 City of Kennewick Kennewick, WA Assistant Finance Director Provided support to the Director with all functions of the department; directly responsible for supervising the accounting function and for the implementation of the City's first automated financial system 1975 -1976 City of Richland Richland, WA Accounting Supervisor Provide support to the Director with all functions of the Finance Department; directly responsible for supervising the accounting and customer service functions. 1969 -1975 Hoff Forest Products Horseshoe Bend, ID Accounting Supervisor Supervising the cost accounting, payroll, and reporting functions for a diversified lumber operation consisting of five companies and four hundred employees. Education Central Washington University Ellensburg, WA B.A., Business Administration and Economics; accounting emphasis. Professional Past president Washington Finance Officers Association. Associations Past Chairman, Supervisory Committee of the GESA Credit Union. Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. May 5 12 19 27 (Tuesday) 26th Proclamation: Memorial Day See agenda packet National Public Works (City offices closed) cover sheet for this Week week's agenda Unfinished Business: (May I2, 2008 Minor Home Repair Committee of the Whole Program Meeting, to be immediately followed by Ordinance renewing a Special Meeting) six month moratorium on filing of sign, development, and electric permits for installation and operation of elec- tronic, animated, and holographic signs Sound Transit street vacation ordinances Comcast Communi- cations conduit agreement 2008 Annual Drainage Program design consultant selection and agreement Tukwila Village: Decision on RFPs June 2 9 16 23 30th Special Presentation: Special Presentation: Fifth Monday of the Annual WCIA update Proclamation month —no Council (Lew Leigh, Executive celebrating meeting scheduled Director,l^lashingtor. Tukwila's 100th Cities Insurance) birthday Presentation regarding Tukwila's Centennial media project kick -off Special Issues: Tukwila Village developer presentations COMMrI i Er OF THE WHOLE MEETING TO BE FOLLOWED BY SPECIAL MEETING Upcoming Meetings Events MAY 2008 12th (Monday) 13th (Tuesday) 14th (Wednesday) 15th (Thursday) 16th (Friday) 17th (Saturday) Community T-Faffspeftation Tukwila Police Domestic Council Coffee Chat Affairs Ctnte Department's Violence Task Household 9:00 tot 1:00 AM Parks Cmte, CANCELLED National Police Force, Hazardous 5:00 PM Officers Memor 1 2:00 NOON Wastemobile v (CR 3) D ay C eremony (CR r�) in Renton Highway 99 0`- y Mayl6,I7 &18 City Council Action Cmte, Tukwila 10:00 e.M PM Committee 7:00 PM Historical Stop and informally Fred i lever 5:00 p b y y of the Whole (Community Society, parking lot talk with a Tukwila City Mtg., Center) 9:00 A:M 7:00 PM (365 Renton Center Councilmember about 7:00 PM Tukwila City hall (Foster Library) W anything on your mind (Council (at the flagpole) regarding Tukwila. Chambers) This week: Starbucks at 13038 Interurban Ave. Special Residential Recycling Event 9:00 AM 3:00 PM Tukwila Village site at the corner of S. 144th St. 5 41st Ave. S. (one block west of Foster High School) 1 May 12 through 23: Free disposal passes for Tukwila residents available for pickup at City Hall. Passes wi be valid for use at Bow Lake Transfer Station May 16 through 26 ONLY 19th (Monday) 20th (Tuesday) 21st (Wednesday) 22nd (Thursday) 23rd (Friday) 24th (Saturday) Utilities Finance Crime Hot Joint School Council Coffee Chat Cmte, Safety Cmte, Spots Task Board/ 9:00 to 11:00 AM 5:00 PM 5:00 PM Force Mtg., City Council (CR 61) (CR 43) 10:00 AM Meeting, Stop by and informally (CR -5) 6:30 PM talk with a Tukwila City (School District Councilmember about City Council Administration anything on your mind Regular Parks Building) regarding Tukwila. Mtg., Commission This week: Starbucks at 7 :00 PM 5:30 PM 13038 Interurban Ave. (Council (Community Planning Chambers) Center) Commission, A Tukwila Centennial event: 7:00 PM Memorial Day Library (Council Advisory Chambers) Weekend Celebration Board, at the Museum of Flight 7:00 PM May 24 -25 -26 (Foster Library) Special events and exhibits all weekend. Visit www.musewnof flight org or call 206 764 -5720 for 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 43. Agenda items for 5/12/08 meeting: (A) Final acceptance of Macadam Winter Garden project. (B) Final acceptance of Fort Dent Playground Equipment project. (C) Parks and Open Space Plan. (D) Codiga Park update. Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf Room 45. Contact Phi Huynh at 206- 433 -7175. >Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room 45. Contact Evie Boykan or Stacy Hansen at 206 433 7180. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 63. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206- 433 -1812. 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. Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206- 431 -3670. >Transportation Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 61. 5/13/08 meeting has been cancelled >Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting_ location varies). Contact Pat Brodin at 206 -433 -1860. >Utilities Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 41.