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HomeMy WebLinkAboutCOW 2008-02-11 COMPLETE AGENDA PACKET w►'-: wq Tukwila City Council Agenda '2; ❖COMMITTEE OF THE WHOLE 01 i 1 1 O Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pamela Linder 6 s *l` Rhonda Berry, City Administrator Dennis Robertson Verna Griffin 1903 Joe Duffle, Council President Kathy Hougardy De'Sean Quinn Monday, February 11, 2008; 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. CITIZEN At this time, you are invited to comment on items not included 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. 3. PUBLIC HEARING Modifications to Zoning and Subdivision Codes to allow for Pg.1 zero -lot line townhouse development. 4. SPECIAL ISSUES a. Interlocal Agreements for grant funding for the Recycling Pg.61 Program. b. A resolution regarding the Growth and Transportation Pg.89 Efficiency Center (G1'EC). c. An ordinance regarding modifications to Zoning and Pg.1 Subdivision Codes to allow for zero -lot line townhouse development. d. A resolution regarding Municipal Research and Services Pg.151 Center (MRSC) rosters for construction and consultant contracts. e. Southcenter Boulevard Water Main Replacement final Pg.163 settlement and budget shortfall. f. An ordinance regarding Emergency Management. Pg.169 g. Amendment #1 to Contract #03 -058 with Starfire Sports. Pg.181 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. -T� COUNCIL A GENDA SYNOPSIS ti ITE1�z iZ O; Initiat P1 X1 10 !Meeting Date Prepared by I Mayor's review I Council review I f� 0� 02/11/08 1 JP I X13 1 02/19/08 1 JP I 1 1 ITEM INFORMATION CAS NUMBER: 08-017 IORIGINAL AGENDA DATE: FEBRUARY 11, 2008 AGENDA ITEM TITLE Townhouse Zoning and Subdivision Code Amendments. C:\TIEGORY Discussion Motion 1 1 Resolution Ordinance Bid Award Public Hearing Other ll Date 2 /11 /08 lltg Date !lltg Date Mtg Date 2/19/08 lltg Date Mtg Date 02/11/08 Mfg Date SPONSOR Council n Mayor Adret Svcs DCD n Finance 1 1 Fire Iiedal P&R 1 1 Police n PIV SPONSOR'S The proposal is to amend the zoning and subdivision codes to allow for development of SLIMM: \RY zero -lot line townhomes in MDR and HDR zones. Rt vIE \vED BY COW Mtg. CA &P Cmte 1 1 F &S Cmte n Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAI'E: 1 -28 -08 (CAP), 6- 28 -07, 11 -08- 07,12 -13 -07 (PC) RECOMMENDATIONS: SPONSOR /ADMIN. Hold the public hearing on the proposed draft ordinance. COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT B UDGETED APPROPRIATION REQUIRED Fund Source: N/A Comments: MTG. DATE I RECORD OF COUNCIL ACTION 02/11/08 I MTG. DATE ATTACHMENTS 02 -11 -08 Information memo dated 02 -01 -08 with attachments, to include draft Ordinance Minutes from Community Affairs and Parks Committee meeting of 01- 28 -08. I I INFORMATION MEMORANDUM To: Mayor Haggerton Committee of the Whole FROM: Jack Pace, DCD Director DATE: February 1, 2008 SUBJECT: Townhouse Zoning and Subdivision Code Amendments ISSUE Should the Zoning and Subdivision Codes be changed to allow for development of zero -lot line /fee simple townhomes on individual lots (lot lines would run through the buildings)? Due to MDR and HDR development standards such as minimum lot sizes and side yard setback requirements only condominiums or apartments can be built in our multi family zones, though they could be built in townhouse form. BACKGROUND DCD has periodically been approached by developers interested in building zero -lot line or fee simple townhomes. Developers think that there is a stronger market for this type of housing on individually owned lots rather than as condominiums and the insurance requirements for condominiums make many small projects unfeasible. Providing for an additional type of housing ownership (townhouses on individual zero -lot line lots) would expand the housing options of Tukwila's residents and provide multi family property owners an alternative to apartment development. In addition to the technical changes needed to create individual townhouse lots changes to Tukwila's bulk and coverage limitations may encourage the market to provide townhouses. Because townhouses are typically significantly larger than stacked apartments and condominiums under the current code requirements fewer townhouse units than apartments could be built on a given site, making them a less attractive development option. The Planning Commission held a hearing on June 28 and recommended a few changes to the staff's proposal. The second hearing was held on November 8, 2007, to finalize the Townhouse Design Guidelines. On December 13, 2007, the Planning Commission forwarded the proposed changes to City Council. Staff presented the Planning Commission's recommendation to the Community Affairs and Parks (CAP) Committee on January 28, 2008. Following items were discussed at the meeting or have come up since the meeting: Councilmember Hernandez asked staff to clarify if the proposed projects will have to meet all design guidelines or were some guidelines optional. The Zoning Code MD Page 1 02 -01 -2008 Q: \Townhomes \COW- 02 -11 -08 Townhouse.DOC includes design criteria for multi family projects and any proposed project has to meet all of the listed criteria. The multifamily design manual and the townhouse design manual provide examples and guidance as to how to meet the intent of the criteria. The multifamily design review criteria are not proposed to be changed as part of this code amendment. See the draft ordinance (attachment A) for the design review criteria. Councilmember Griffin asked staff to include a map of the areas of the city where townhouses are likely to be developed. See attachment F. It was also decided to include in the Council packet a copy of comments submitted by Mike Overbeck, a potential developer. See attachment G. Since the committee meeting staff had a couple of preapplication meetings with developers and as a result of those discussions, staff has added some clarifying language to the MDR and HDR development standards. This relates to minimum lot area per unit standard. For townhouses to be considered compatible to condominiums, the density shall be calculated based on one unit per 3000 sq. ft. (in MDR) and 2000 sq. ft. (in HDR) of the "parent lot area However the "unit lot" shall be allowed to include the common access easements. ANALYSIS Due to Tukwila's prevailing pattern of narrow, deep lots in most infill situations townhouses would be perpendicular to the street, rather than the traditional row house with stoops along the street and alley access behind. Below is an example of a typical market driven design for ten units on an 80'x240' infill lot showing the dashed individual parcel lines through the buildings. a 1 1 1 I 1 1 t_ t t I 1 1 1 �.s i i r F 1 1 F 1 1 t t t „41: 1 j s s I' f —i— t i See Attachment D for examples of townhouses in Tukwila and Renton. See Attachment E for a comparison of Tukwila's current multi family standards to townhouse standards in other cities. The shaded cells on the chart are areas where staff is suggesting changes. Staff circulated the discussion of proposed changes to a few developers who have expressed an interest in townhouse development in Tukwila. Their feedback has been used to shape the Planning Commission recommended changes which are grouped by subject area and discussed below. These include both the minimum changes necessary to allow MID Page 2 02 -01 -08 Q: \Towthomes \COW- 02 -11 -08 Townhouse.DOC platting of townhouse lots as well as additional changes that would bring Tukwila's standards closer to prevailing market driven development patterns. Subdivision Code The recommended approach to the subdivision process is to follow Seattle's example in treating townhouse and cottage housing projects similarly to a binding site plan. This would apply lot size, lot width, setback and landscape standards to the original "parent" parcel rather than the "unit" lots that contain the individual townhomes. This would result in the same treatment adjacent to the neighboring properties while allowing a different ownership pattern. Other than that change both the short plat and subdivision platting process could follow the standard procedure with preliminary approval, infrastructure construction, final approval and then building permit. We would allow the building foundations to be constructed prior to fmal approval along with the rest of the site improvements so that the lot lines could be drawn accurately through the existing common walls. If the buildings are constructed after the plat sometimes field conditions require boundary line adjustments to meet the as built conditions. MDR/HDR Zoning Standards In addition to the technical changes needed to allow platting of townhouse sized lots the Planning Commission recommends the following modifications to the bulk and coverage requirements to allow for a more market driven development pattern and density closer to what is achievable for stacked apartments or condominiums. Setbacks Setback requirements should be applied to the parent lot rather than the unit lots since their purpose is to protect neighboring properties. The front and second front setbacks would not increase for the third or fourth floors unless the adjacent property was zoned LDR. The side and rear setbacks would not increase for the second and third floor but would increase only for fourth floor or if adjacent to LDR. This would still provide a buffer to the adjacent property while allowing for consistent floor plans for the townhouses. A new building separation standard would be adopted for townhouse buildings of 10' for 2 story buildings and 20' for 3 and 4 story buildings. Modulation Because townhouse units are generally narrow the existing modulation requirements would pose a significant constraint on the design. In exchange for shorter allowable building lengths (80' in MDR and 125' in HDR) the 4 foot modulation requirements would not be increased for three and four story townhouse buildings. MD Page 3 02 -01 -08 Q: \Townhomes \COW- 02 -11 -08 Townhouse.DOC Development Coverage It is not possible to achieve zoned density with a typical townhouse product under the 50% development coverage limitation. Townhouses are typically twice as large as an average apartment usually with 2 to 3 bedrooms and a garage. The recommended 75% development coverage would be similar to the impervious surface limitations common in other jurisdictions. Recreation Space Setback areas that are part of a private yard for an individual unit would be allowed to count toward the 400 sq. ft. per unit recreation space requirement as long as it measured at least 10' on all sides. Since the small private yards are generally fenced the height of opaque fences along street frontages should be limited to 4 feet, with lattice or other open material allowed up to 6 feet. s ,s Pri vate yard that includes side yard setback area The current requirement for at least 25% of the recreation space to be devoted to shared children's play areas would start with developments of ten or more lots. This would ensure that the play area is large enough to be usable and that there is a critical mass of owners to share the burden of maintenance and liability insurance. Detached zero -lot line units The townhouse definition covers attached units, but there has been interest to develop detached compact single family units in MDR zone. Staff is recommending adding a definition of detached zero lot line dwelling units and permitting these type of developments in MDR zone subject to design review approval and meeting the recreation space requirements of a townhouse. The zero lot line type of development pattern allows houses to be constructed immediately adjacent to one side lot line (no side yard setback), coupled with an easement on the adjacent lot for maintenance purposes. This helps preserve privacy and usable yard space, especially in small lot areas. Design Review The existing Multi- Family Design Guidelines booklet has a number of sections that may not be applicable to townhouses, such as the common space guidelines, parking lot standards and building separation requirements. In addition it does not provide MD Page 4 02 -01 -08 Q: \Townhomes \COW- 02 -11 -08 To«nhouse.DOC illustrations that reflect townhouse density or building types. See Attachment B for the proposed townhouse guidelines with illustrations. RECOMMENDATION After the public hearing on February 11, 2008, schedule the Planning Commission's recommended code changes for deliberation and adoption on March 3, 2008. Attachment A and B include the Planning Commission's recommendations and staff's clarifying language to minimum lot area per unit. ATTACHMENTS: A. Draft Ordinance in strikeout/underline fon11at B. Draft Townhouse Design Guidelines C. Planning Commission meeting minutes from June 28 Nov 8 and Dec 13 meetings. D. Townhouse Examples E. Comparison of Tukwila's current MDR and HDR standards to townhouse standards in other cities F. Map of Potential Townhouse sites. G. Comments submitted by Mike Overbeck, potential developer at the CAP meeting. MD Page 5 02 -01 -08 Q \Townhomes \COW- 02 -11 -08 Townhouse.DOC DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING AND SUBDIVISION CODE TO ALLOW DEVELOPMENT OF ZERO -LOT LIE/FEE SIMPLE TOWNHOUSES ON INDIVIDUAL LOTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the zoning and subdivision codes of the City of Tukwila do not specifically list zero -lot line townhouses as a permitted use and the development standards in the multifamily zones are not conducive for townhouse type of development; and WHEREAS, the City Council wishes to allow attached and detached zero -lot line townhouses as another type of ownership housing in the multifamily zones; and WHEREAS, the City Council wishes to expand the choices for development in the multifamily zones from condominiums and apartments to attached and detached zero -lot line townhouses; WHEREAS, on June 28 November 8th, and December 13th, 2007, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the zoning code and subdivision code to allow townhouses and on December 13, 2007, adopted a motion recommending the proposed changes; WHEREAS, on February 11, 2007, the Tukwila City Council, following adequate public notice, held a public hearing to receive a testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1833 §1(part) as codified in TMC 17.12.010 is amended as follows: 17.12.010 Scope Any land being divided into nine or fewer parcels, lots, unit lots, tracts or sites for the purpose of sale, lease, or gift, any one of which is less than 20 acres in size, shall meet the requirements of this chapter. Section 2. New section is hereby added to TMC Chapter 17.12 as follows: 17.12.070 Unit lot short plats A. Sites developed or proposed to be developed with townhouses, cottage housing, compact single family. or zero -lot line units may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. Any private. usable open space for each dwelling unit shall be provided on the same lot as the dwelling unit it serves. B. Subsequent platting actions. additions or modifications to the structure(s) may not create or increase anv nonconfoiniity of the parent lot. ATTACHMENT A 1 C. Access easements and ioint use and maintenance agreements shall be executed for use of common garage or parking areas, common open space (such as common play areas), and other similar features, as recorded with the King County Department of Records and Elections. D. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use that parking is formalized by an easement on the plat. as recorded with the King County Department of Records and Elections. E. The fact that the unit lot is not a separate buildable lot, and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot shall be noted on the plat, as recorded with the Director of the King County Department of Records and Elections. F. Construction of townhouse dwelling foundations may commence prior to final short plat approval. provided: 1. The proposed short plat has received preliminary approval, and the necessary financial sureties have been filed to assure construction of required public improvements: 2. Partial or complete construction of structures shall not relieve the subdivider from. nor impair City enforcement of conditions of subdivision approval: 3. Construction shall not proceed beyond foundations. and units shall not be rented or sold, nor occupancy permits issued until final short plat approval is granted. Section 3. Ordinance 1833 §1(part) as codified in TMC 17.14.010 is amended as follows: 17.14.010 Scope Any land being divided into 10 or more parcels, lots, unit lots. tracts or sites, for the purpose of sale or gift, any one of which is less than 20 acres in size, or any land which has been divided under the short subdivision procedures within five years and is not eligible for further short platting pursuant to Section 17.12.010 shall conform to the procedures and requirements of this chapter. Section 4. New section is hereby added to TMC Chapter 17.14 as follows: 17.14.060 Unit lot subdivisions A. Sites developed or proposed to be developed with townhouses, cottage housing. compact single family. or zero -lot line units may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the toenail application is vested. Any private, usable open space for each dwelling unit shall be provided on the same lot as the dwelling unit it serves. B. Subsequent platting actions. additions or modifications to the structure(s) may not create or increase any nonconformity of the parent lot. C. Access easements and ioint use and maintenance agreements shall be executed for use of common garage or narking areas, common open space (such as common play areas), and other similar features. as recorded with the King County Department of Records and Elections. D. Within the parent lot. required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit. as long as the right to use that parking is formalized by an easement on the plat. as recorded with the King County Department of Records and Elections. E. The fact that the unit lot is not a separate buildable lot. and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot shall be noted on the plat, as recorded with the Director of the King County Department of Records and Elections. F. Construction of townhouse dwelling foundations may commence prior to final plat approval, provided: 1. The proposed plat has received preliminary approval. and the necessary financial sureties have been filed to assure construction of required public improvements: 2. Partial or complete construction of structures shall not relieve the subdivider from. nor impair City enforcement of conditions of subdivision approval: 2 3. Construction shall not proceed beyond foundations, and units shall not be rented or sold, nor occupancy permits issued until fmal plat approval is Granted. Section 5. New definitions are hereby added to TMC Chapter 18.06 Definitions as follows: 18.06.8XX Detached Zero Lot Line units A development pattern of detached dwelling units constructed immediately adjacent to one side lot line (i.e. no side yard setback), coupled with an easement on the adiacent lot in order to maintain separation between structures. The easement will provide access rights for maintenance purposes: help preserve privacy and usable vard space. 18.06.537 Lot. Parent "Lot, parent" means the initial lot from which unit lots are subdivided for the exclusive use of townhouses.. cottage housing. compact single family, zero -lot line units, or any combination of the above types of residential development. 18.06.542 Lot, Unit "Lot, unit" means one (1) of the individual lots created from the subdivision of a parent lot for the exclusive use of townhouses, cottage housing. compact single family. zero -lot line units. or any combination of the above types of residential development. 18.06.8XX Townhouse "Townhouse" means a faun of ground- related housing in which individual dwelling units are attached along at least one (11 common wall to at least one (1) other dwelling unit. Each dwelling unit occupies space from the ground to the roof and has direct access to Private open space. No portion of a unit may occupy space above or below another unit. except that townhouse units may be constructed over a common shared parking garage, provided the garage is underground. Section 6. Ordinance 1834 §2(part) as codified in TMC 18.06.768 is amended as follows: 18.06.768 Short Subdivision "Short subdivision" means the division of land into nine or less lots, unit lots, tracts, parcels, sites or divisions. 18.06.813 Subdivision "Subdivision" means the division or redivision of land into ten or more lots, unit lots. tracts, parcels, sites or divisions. Section 7. Ordinance 1976 §20, 1865 §9, and 1758 §1(part) as codified in TMC 18.12, is amended as follows: 18.12.020 Permitted Uses A. The following uses are permitted outright within the Medium Density District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Dwelling One detached single family dwelling per lot. 2. Dwelling Multi- family duplex, triplex, Of fourplex units or townhouse un to four attached units. 3. Detached zero lot line units. 3./1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 4-5. Day care centers. 5.6. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 6 7. Shelters. 3 B. In Commercial Redevelopment Areas 1, 2, and 4 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060. Section 8. Ordinance 1976 §23, and 1758 §1(part) as codified in TMC 18.12.070, is amended as follows; 18.12.070 Basic Development Standards Development within the Medium Density Residential District shall confoimi to the following listed and referenced standards: MDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 8,000 sq. ft. (Applied to parent lot for townhouse plats) Lot area per unit (multi- family) 3,000 sq. ft. (For townhouses the density shall be calculated based on one unit per 3000 sq. ft. of parent lot area. The "unit lot" area shall be allowed to include the common access easements). Average lot width (min. 20 ft. street 60 feet (App lied to parent lot for frontage width), minimum townhouse plats) 1 Setbacks, minimum: Applied to parent lot for townhouse plats Front 1st floor 15 feet Front 2nd floor 20 feet Front 3rd floor 30 feet (20 feet for townhouses) Second front 1st floor 7.5 feet Second front 2nd floor 10 feet Second front 3rd floor 15 feet (10 feet for townhouses) Sides 1st floor 10 feet Sides 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) Sides 3rd floor 20 feet (30 feet if adjacent to LDR) (10 feet for townhouses unless adjacent to LDR) Rear 1st floor 1 10 feet 1 Rear 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) Rear 3rd floor 20 feet (30 feet if adjacent to LDR) (10 feet for townhouses unless adjacent to LDR) 1 Townhouse building separation, minimum 1 1 1 and 2 storm buildings 1 10 feet 1 1 3 storm buildings 20 feet 1 1 Height, maximum 1 30 feet 1 Landscape requi ements (minimum): Applied to parent lot for townhouse plats See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements Front(s) 1 15 feet 1 1 Sides 1 10 feet 1 Rear 1 10 feet 1 Development area coverage 1 50% maximum (75% for townhouses) 1 Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) 4 Off- street arkin p g Residential Parkin See TMC Chapter 18.56, Off-street p g Loading Regulations. Accessory dwelling unit I See Accessory Use section of this chapter Other uses See TNIC Chapter 18.56, Off street Parking Loading Regulations Section 9. Ordinance 1976 §24, 1865 §13, 1830 §2, and 1758 §1(part) as codified in TMC 18.14.070 is amended as follows: 18.14.020 Permitted Uses A. The following uses are permitted outright within the High Density Residential District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Convalescent and nursing homes for not more than 12 patients. 3. Day care centers. 4. Manufactured/mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 5. Dwelling One detached single family dwelling per lot 6. Dwelling multi family. 7. Dwelling townhouse un to four attached units. 78. Libraries, museums or art galleries (public). 4.9 Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 9.10 Shelters. B. In Commercial Redevelopment Area 3 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in the BAR chapter of this code, TMC 18.60.060. Section 10. Ordinance 1976 §27, 1830 §3, and 1758 §1(part) as codified in TMC 18.14.070 is amended as follows: 18.14.070 Basic Development Standards Development within the High Density Residential District shall conform to the following listed and referenced standards: HDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 9,600 sq. ft. (Applied to parent lot for townhouse plats) Lot area per unit (multi- family, except 2,000 sq. ft. (For townhouses the density senior citizen housing) shall be calculated based on one unit tier 2000 so. ft. of parent lot area. The "unit lot" area shall be allowed to include the common access easements). Average lot width (min. 20 ft. street 60 feet (App lied to parent lot for frontage width), minimum townhouse plats) I Setbacks, minimum: I Applied to parent lot for townhouse plats I I Front 1st floor 115 feet r 5 Front 2nd floor 20 feet Front 3rd floor 30 feet (20 feet for townhouses) Front 4th floor 45 feet (20 feet for townhouses) Second front 1st floor 7.5 feet Second front 2nd floor 10 feet Second front 3rd floor 15 feet (10 feet for townhouses) Second front 4th floor 22.5 feet (10 feet for townhouses) Sides -1st floor 10 feet Sides 2nd floor 20 feet (10 feet for townhouses unless adiacent to LDR) Sides 3rd floor 20 feet (30 feet if adjacent to LDR) (10 feet for townhouses unless adiacent to LDR) Sides 4th floor 30 feet (20 feet for townhouses unless adjacent to LDR) Rear -1st floor 1 10 feet Rear 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) Rear 3rd floor 20 feet (30 feet if adjacent to LDR) (10 feet for townhouses unless adiacent to LDR) Rear 4th floor 30 feet (20 feet for townhouses unless adiacent to LDR) Townhouse buildine separation, minimum 1 1 and 2 storm buildings 1 10 feet 1 3 and 4 storm buildings 1 20 feet Height, maximum 1 45 feet Development area coverage 50% maximum (except senior citizen housing, 75% for townhouses) Landscape requirements (minimum): Applied to parent lot for townhouse plats See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements 1 Front(s) 1 15 feet 1 Sides 10 feet 1 Rear 10 feet 1 Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 1 100 sq. ft. per dwelling unit Off street parking: Residential (except senior citizen housing) See TMC Chapter 18.56, Off street Parking Loading Regulations. 1 Accessory dwelling unit See Accessory Use section of this chapter 1 Other uses, including senior citizen housing See TMC Chapter 18.56, Off street Parking Loading Regulations Section 11. Ordinance 1758 §1(part) as codified in TMC 18.50.070 is amended as follows: 18.50.070 Yard Regulations A. Fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture may be permitted in any yard subject to height limitations and requirements Limiting obstruction 6 of visibility to the detriment of public safety. The height of opaque fences along street frontages is limited to 4 feet, with lallice or other open material allowed up to 6 feet. B. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. C. Where the front yard that would noiutally be required on a lot is not in keeping with the prevailing yard pattern, the DCD may waive the requirement for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. D. In the case of corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. E. In the case of corner lots with more than two frontages, the DCD shall determine the front yard requirements, subject to the following conditions: 1. At least one front yard shall be provided having the full depth required generally in the district; 2. The second front yard shall be the minimum set forth in the district; 3. In the case of through lots and corner lots, there will be no rear yards but only front and side yards; 4. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full and halfdepth front yards have been established shall be considered side yards. (See Figure 18 4.) Section 12. Ordinance 1758 §1(part) as codified in TMC 18.50.083 is amended as follows: 18.50.083 Maximum Building Length In the MDR and HDR zones, the maximum building length shall be as follows: For all buildings except as described below: MDR....50 ft HDR ....50 ft Maximum building length with bonus for modulating off-sets: For structures with a maximum building height of 2 stories or 25 ft., MDR....100 ft whichever is less, and having horizontal modulation or a minimum HDR ....200 vertical change in roof profile of 4 feet at Least every two units or ft 50 feet, whichever is less: For structures with a building height over 2 stories or 25 ft., whichever MDR....100 ft is less, with a horizontal and vertical modulation of 4 ft. or an 8 ft. HDR ....200 modulation in either direction: ft For townhouse structures with horizontal modulation or a minimum vertical change in roof profile of 4 feet at least every two units or MDR....80 ft 50 feet, whichever is less: HDR ....125 ft Modulation shall be required for every 2 units or 50 feet, whichever is less, as measured along the building's length. Grouping of offsets in maximum four unit modules may be permitted only with BAR approval (see Figure 18 -5). Section 13. Ordinance 1930 §28 and 1758 §1(part) as codified in TMC 18.50.085 is amended as follows: 7 18.50.085 Maximum Percent Development Area Coverage In the MDR and HDR zones the maximum percent development area coverage shall be 50 except for senior citizen housing developments in HDR. If the senior citizen housing building is converted to regular apartments the 50% limit must be met. Townhouse developments are allowed up to a maximum of 75% development area coverage. Section 14. Ordinance 1872 §14(part) as codified in TMC 18.52.060 is amended as follows: 18.52.060 Recreation Space Requirements In all MDR and HDR zoning districts, any proposed multiple family structure, complex or development shall provide on the premises and for the use of the occupants a minimum amount of recreation space according to the following provisions: 1. Required Area. a. For each proposed dwelling unit in the multiple family development and detached zero lot line type of development, a minimum of 400 square feet (100 square feet for senior citizen housing) of recreation space shall be provided. Any multiple family structure, complex or development shall provide a minimum of 1,000 square feet of total recreation space. b. Townhouse units shall provide at least 250 so. ft. of the 400 sci. ft. of recreation space as private, ground level open space measuring not less than 10 feet in anv dimension. c. The front, side and rear yard setback areas required by the applicable zoning district shall not qualify as recreation space unless portions are incorporated into private open space with a minimum dimension of 10 feet on all sides. 2. Indoor or Covered Space. a. No more than 50% of the required recreation space may be indoor or covered space in standard multi- family developments. Senior citizen housing must have at least 20% indoor or covered space. b. The Board of Architectural Review may grant a maximum of two square feet of recreation space for each one square foot of extensively improved indoor recreation space provided. Interior facility improvements would include a full range of weight machines, sauna, hot tub, large screen television and the like. 3. Uncovered Space. a. A minimum of 50% of the total required recreation space shall be open or uncovered, up to 100% of the total requirement may be in open or uncovered recreation space in standard multi- family developments. Senior citizen housing allows up to 80% of recreation space to be outdoors and has no minimum outdoor space requirement. b. Recreation space shall not exceed a 4% slope in any direction unless it is determined that the proposed space design clearly facilitates and encourages the anticipated use as endorsed by the Director. c. The Board of Architectural Review may grant a maximum credit of two square feet of recreation space for each one square foot of outdoor pool and surrounding deck area. 4. General Requirements. a. Multiple family complexes (except senior citizen housing, detached zero lot line and townhouses with nine or fewer units) which provide dwelling units with two or more bedrooms shall provide adequate recreation space for children with at least one space for the 5- to -12- year old group. Such space shall be at least 25% but not more than 50% of the total recreation space 8 required under TMC 18.52.060.1, and shall be designated, located and maintained in a safe condition. b. Adequate fencing, plant screening, or other buffer shall separate the recreation space from parking areas, driveways or public streets. c. The anticipated use of all required recreation areas shall be specified and designed to clearly accommodate that use. Section 15. Ordinance 1976 §62 as codified in TMC 18.56.065 is amended as follows: 18.56.065 Residential Parking Requirements A. Two off street parking spaces shall be provided for each dwelling unit which contains up to three bedrooms. One additional off street parking space shall be required for every two bedrooms in excess of three bedrooms in a dwelling unit (i.e., four and five bedroom dwelling units shall have three off street parking spaces, six and seven bedroom homes shall have four spaces, and so on). B. Each unit in a townhouse development shall have an attached garage with parking for at least one vehicle or a parking space in an underground garage. B C. The Director shall have the discretion to waive the requirement to construct a portion of the off street parking requirement if, based on a parking demand study, the property owner establishes that the dwelling will be used primarily to house residents who do not and will not drive due to a factor other than age. Such a study shall assure that ample parking is provided for residents who can drive, guests, caregivers and other persons who work at the residence. If such a waiver is granted, the property owner shall provide a site plan which demonstrates that, in the event of a change of use which eliminates the reason for the waiver, there is ample room on the site to provide the number of off street parking spaces required by this Code. In the event that a change of use or type of occupant is proposed that would alter the potential number of drivers living or working at the dwelling, the application for change of use shall be conditioned on construction of any additional off street parking spaces required to meet the standards of this Code. Section 16. Ordinance 1986 §16, 1865 §51, and 1758 §1(part) as codified in TMC 18.14.070 is amended as follows: 18.60.050 Design Review Criteria A. Generally. The BAR is authorized to request and rely upon any document, guideline, or other consideration it deems relevant or useful to satisfy the purpose and objectives of this chapter, specifically including but not limited to the following criteria. The applicant shall bear the full burden of proof that the proposed development plans satisfy all of the criteria. The BAR may modify a literal interpretation of the design review criteria if, in their judgment such modifications better implement the Comprehensive Plan goals and policies. C. Multi- Family, Hotel and Motel Design Review Criteria. In reviewing any multi family, hotel or motel application the following criteria shall be used by the BAR in its decision making as well as the Multi- Family Design Manual or Townhouse Design Manual. Detached zero lot line type of developments shall be subiect to Townhouse Design Manual. 1. SITE PLANNING. a. Building siting, architecture, and landscaping shall be integrated into and blend hainioniously with the neighborhood building scale, natural environment, and development characteristics as envisioned in the Comprehensive Plan. For instance, a 9 multi family development's design need not be harmoniously integrated with adjacent single family structures if that existing single family use is designated as "Commercial" or "High Density Residential" in the Comprehensive Plan. However, a "Low Density Residential" (detached single family) designation would require such harmonious design integration. b. Natural features which contribute to desirable neighborhood character shall be preserved to the maximum extent possible. Natural features include, but are not limited to, existing significant trees and stands of trees, wetlands, streams, and significant topographic features. c. The site plan shall use landscaping and building shapes to form an aesthetically pleasing and pedestrian scale streetscape. This shall include, but not be limited to facilitating pedestrian travel along the street, using architecture and landscaping to provide a desirable transition from streetscape to the building, and providing an integrated linkage from pedestrian and vehicular facilities to building entries. d. Pedestrian and vehicular entries shall provide a high quality visual focus using building siting, shapes, and landscaping. Such a feature establishes a physical transition between the project and public areas, and establishes the initial sense of high quality development. e. Vehicular circulation design shall minimize driveway intersections with the street. f. Site perimeter design (i.e. landscaping, structures, and horizontal width) shall be coordinated with site development to ensure a hainionious transition between adjacent projects. g. Varying degrees of privacy for the individual residents shall be provided; increasing from the public right -of -way, to common areas, to individual residences. This can be accomplished through the use of symbolic and actual physical barriers to define the degrees of privacy appropriate to specific site area functions. h. Parking and service areas shall be located, designed, and screened to interrupt and reduce the visual impact of large paved areas; i. The height, bulk, footprint, and scale of each building shall be in harmony with its site and adjacent long- term structures. 2. BUILDING DESIGN. a. Architectural style is not restricted, evaluation of a project shall be based on the quality of its design and its ability to harmonize building texture, shape, lines and mass with the surrounding neighborhood. b. Buildings shall be of appropriate height, scale, and design/shape to be in harmony with those existing permanent neighboring developments which are consistent with, or envisioned in, the Comprehensive Plan. This will be especially important for perimeter structures. Adjacent structures that are not in conformance with the Comprehensive Plan should be considered to be transitional. The degree of architectural harmony required should be consistent with the nonconforming structure's anticipated permanence. c. Building components, such as windows, doors, eaves, parapets, stairs and decks shall be integrated into the overall building design. Particular emphasis shall be given to harmonious proportions of these components with those of adjacent developments. Building components and ancillary parts shall be consistent with the anticipated life of the structure. d. The overall color scheme shall work to reduce building prominence and shall blend in with the natural environment. e. Monotony of design in single or multiple building projects shall be avoided. Variety of detail, form, and siting shall be used to provide visual interest. Otherwise monotonous flat walls and uniform vertical planes of individual buildings shall be broken up with building modulation, stairs, decks, railings, and focal entries. Multiple building developments shall use siting and additional architectural variety to avoid inappropriate repetition of building designs and appearance to surrounding properties. 3. LANDSCAPE AND SITE TREATMENT. a. Existing natural topographic patterns and significant vegetation shall be reflected in project design when they contribute to the natural beauty of the area or are important to defining neighborhood identity or a sense of place. 10 b. Landscape treatment shall enhance existing natural and architectural features, help separate public from private spaces, strengthen vistas and important views, provide shade to moderate the affects of large paved areas, and break up visual mass. c. Walkways, parking spaces, terraces, and other paved areas shall promote safety and provide an inviting and stable appearance. Direct pedestrian linkages to the public street, to on -site recreation areas, and to adjacent public recreation areas shall be provided. d. Appropriate landscape transition to adjoining properties shall be provided. 4. MISCELLANEOUS STRUCTURES. a. Miscellaneous structures shall be designed as an integral part of the architectural concept and landscape. Materials shall be compatible with buildings, scale shall be appropriate, colors shall be in harmony with buildings and surroundings, and structure proportions shall be to scale. b. The use of walls, fencing, planting, berms, or combinations of these shall accomplish screening of service yards, and other places that tend to be unsightly. Screening shall be effective in winter and summer. c. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from view. Screening shall be designed as an integral part of the architecture (i.e., raised parapets and fully enclosed under roof) and landscaping. d. Exterior lighting standards and fixtures shall be of a design and size consistent with safety, building architecture and adjacent area. Lighting shall be shielded, and restrained in design with no off -site glare spill over. Excessive brightness and brilliant colors shall not be used unless clearly demonstrated to be integral to building architecture. Section 11. 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 12. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting there of this day of 2008. Jim Haggerton, Mayor ATTEST/AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of the City Attorney 11 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 12 TOWNHOUSE DESIGN GUIDELINES I. SITE PLANNING Streetscape The transition from public to private spaces A. The transition from a pedestrian oriented streetscape to multi -story buildings should emphasize pedestrian scale architectural elements such as porches, plantings of varying heights, and use pedestrian oriented entries, courts, and lighting. It is possible to make the transition to the site, building and individual unit in many different physical ways. For example, a sidewalk could lead through a gate to a private yard and then to a porch before reaching the front door of the townhouse. The most successful solution will consist of a combination of the above suggested symbolic definers or other comparable mechanisms. —1krms landscaping and architecture form a gateway. 1� 1 N ,P I --7 -7-‘ I \t t .0 Nit t� 1 3 1 ag f t 1 1 J z t °U: 's----,- r t >44 /1 t k- Special' pangs and may sign_ Fig. 1: Project entry provides an immediate sense of high quality design. B. Provide a clearly defined building or courtyard entry from the primary street. 1. Use distinctive architectural elements and materials to indicate the entry such as a change in paving material, low wall, steps, trellis, or arbor. Attachment B nsition space 2. Define the tra from the sidewalk to the entry with a terrace, plaza, or landscaped area. 3. Consider turning the end unit (or pair of units) to face the public street, see Figure 20. Natural Environment Retain natural site amenities C. Incorporate existing healthy and attractive vegetation into project design by locating buildings to maximize significant tree retention on slopes, retain tree stands, and minimize disturbance of sensitive areas. Retaining large stature trees and tree stands on site very significantly improves the integration of new developments into Tukwila's mature neighborhoods. e e ]L FF X21 'F1 -$y,' 1= x t s ee Fig. 2: Site buildings and roads to retain mature trees. D. Landform grading should be used when feasible to reflect the natural topography and retain mature trees. Q \Townhomes\MFamilyDesGuide.doc 2 Nov I 2007 609 Building 4yu Building Slope STREET 2 Landiorm Site Planning 3 Building Building Building I Building C:17 1 Slope STREET 1 Conventional Site Planning Fig. 3: Comparison of conventional and landform site grading. E. Site coverage on slopes should be minimized I lized to reduce visual impact. Site coverage limitations are not as significant on flat sites where lower buildings may be preferable to maximize architectural harmony with nearby structures and the streetscape. F. Site design should be integrated with the neighborhood. Project design integration should include coordination of circulation, landscaping, recreation spaces, and building location with the surrounding area. A visual distinction using landform, landscaping, or materials may separate a project from the general neighborhood. However, high "fortress" walls should be avoided and buildings should not turn their backs to the street. Circulation Pedestrian G. A comprehensive system of pedestrian sidewalks should link all building/unit entries, parking lots, recreation areas and the project entries with the area -wide sidewalk system. H. Sidewalks should be a minimum of six feet wide between public roadway and the junction where pedestrian traffic begins to disperse. This would allow one pedestrian to pass another and remain on the sidewalk. A minimum four foot wide sidewalk may then be acceptable. Q \Townhomes'MFamilyDesGuide.doc 3 Nov 1, 2007 I. Sidewalk crossings of on -site roadways should be distinguished by a different material and slightly raised to prevent runoff from flowing across them. Building truly area r (I) flt� TI f__\ 4 ii} I .I t- .s ,1 i t ilCit3iVi _LC I i 1 I i L ._ l j -Contrasting Material marks pecksaian crossings Fig. 4: Key sidewalk intersections and segments are marked with contrasting pavers. J. Buildings should be separated at least 8 feet from driveways and parking spaces where facing windowed walls (but not the entry) of ground units and have a minimum 13 foot separation when facing the entry of ground units. K. Separate buildings from common walkways by at least 8 feet in the structure's front and rear, and a minimum 4 feet on its side. L. Separation guidelines do not apply to incidental structures such as trellises, 18 inch roof eaves, chimneys, covered walks, and pedestrian oriented amenities. Circulation Vehicular M. Design the on -site vehicle circulation system as follows: A maximum of two vehicle access points, depending on parcel characteristics and difficulty of access, to reduce traffic impacts and the site area devoted to roads instead of architecture and landscape /recreation space, Create very low volume cul -de -sacs to allow multiple use as street oriented social/recreation areas, and Stress shared driveways between adjacent developments. Q \Townhomes'MFamilyDesGuide.doc 4 Nov 1, 2007 Parking N. Locate parking to minimize conflicts between autos and pedestrians. Driveways should avoid crossing pedestrian walkways and paths from residence to children's play area. In large parking lots, provide pedestrian walkways to allowing people to move safely. Additional space should be provided where cars overhang curbs. 0. Separate driveway parking areas with landscape islands to create an individual unit entry and reduce the appearance of large areas of paving. 49 I "t_ 4 1E .N p .11 :.":41 --Z.Tki---- rr 1 t 4 ar t- Z.._:--: Sri of 3 °i 7 i sis r. .deb 44* ,e ms. Fig. 5: Separation of driveways with landscape islands. P. Provide the majority of the required parking spaces in attached garages (tandem parking allowed), underground parking, and underbuilding parking when grades permit at least partial screening. Q. Minimize the prominence of surface parking by using architecture and landscaping to break up or screen parking areas, moving parking to the side or rear, and breaking up large parking areas into smaller ones. Q \Townhomes\MFamilyDesGuide.doc 5 Nov 1, 2007 g 7 =Ir i ,ii._„ „,,t,„ 4 v _irr;._. I, `s <`,.Sfy� r ,J £s t 1 -fir f r -+l i 1 k r f �z Fig. 6: Parking located so that it is screened by buildings. R. Supplemental parking areas should be located within 200 feet of the farthest dwelling unit served for the convenience of residents. S. The optimum design for a parking area is not necessarily the one which parks the maximum number of vehicles, but the one that also provides ample stall and aisle widths, pedestrian walks, adequate turning radii, reasonable grades, efficient movement of traffic, pleasant appearance, and convenient location. T. Four to six space parking lots are pedestrian and human in character, while over twelve cars become car dominated. The critical number seems to be ten. This marks the breaking point between a human lot and a sea of cars. Small lots can be accomplished by breaking large parking areas into sections that serve no more than 10 to 12 cars. Landscape islands and areas should be located to protect cars as well as to break up seas of asphalt. Solar Orientation U. To maximize the warming effect of solar radiation in winter months and maximize shade in the summer months: 1. Utilize deciduous trees for summer shade and winter sun 2. Orient active living spaces to the south. 3. Design building overhangs to shield the high summer sun and expose the area to the lower winter sun. Q \Townhomes\MFamilyDesGuide.doc 6 Nov I, 2007 Crime Prevention V. Employ the Concept of Defensible Space to reduce opportunities for crime. "Defensible space" is a term used to describe a series of physical design characteristics that maximizes resident control of behavior particularly crime. A residential development designed under defensible space guidelines clearly defines all areas as either public, semi private or private. In so doing, it determines who has the right to be in each space, and allows residents to be confident in responding to any questionable activity or persons within their complex. Residents are thus encouraged to their private realms, establish their zone of influence which inevitably results in a heightened sense of responsibility towards the care and maintenance of these outdoor areas. W. The following series of techniques can be used to create defensible space and consequently reduce crime. They are summarized in: Defining zones of privacy (public, semi- private, private) with real or symbolic barriers. This allows residents to identify "strangers Establishing perceived zones of influence (allowing residents to extend their private realms). Providing surveillance opportunities. Additional design considerations include the following: Orient windows so that areas vulnerable to crime can be easily surveyed by residents. Locate mailboxes, garbage collection enclosures and common play areas in such a way that they are easily observed by others. Mailboxes should not be located in dark alcoves out of sight Establish a system for identifying the location of each residential unit and common facilities at the project entry. Lighting. More light is not necessarily indicative of better and safer lighting. Lighting levels should be carefully selected and oriented so that areas vulnerable to crime are accented. Provide lighting in areas of heavy pedestrian or vehicular traffic and in areas which are dangerous if unlit, such as stairs and ramps, intersections or where abrupt changes in grade occur. Areas that have high crime potential should be well lighted so that people traveling through them at night may feel secure. Locate plant materials such as high shrubs so that surveillance of semi public and semi- private areas is not blocked. This will provide the opportunity for crime. Use visually open fencing materials such as wrought iron bars or wooden pickets to define space between the street and building. X. Sticker shrubs may discourage crime activities. Low shrubs and umbrella trees (where the canopy is maintained above 5 feet from the ground) will allow surveillance opportunities, hence reducing the potential for criminal behavior. Q \Townhomes\MFamilyDesGuide.doc 7 Nov 1, 2007 II. BUILDING DESIGN Neighborhood Compatibility A. Minimize the appearance of building scale differences between proposed townhouses and existing neighborhood residential units that confoini to current zoning. Portions of multi family developments adjoining areas zoned for single family should maintain a scale, facade and orientation similar to single family uses for compatibility with existing structures. A project site plan and cross sections should show the footprint of all adjacent structures within 100 feet of the property line to help evaluate compatibility. -3 r !1 l` 1 t-, 4 r s t °i I i f Fig. 7: Incorporation of elements from neighboring structures into townhouse design. B. Reflect the architectural character of neighboring residences (within 300' on the same street) where it provides a positive example through use of related building features including scale /mass, height, the proportions of entries, windows and other openings (fenestration), color, materials, and shapes. 1. Step the roof on the building perimeter segments to transition between a proposed taller building and an existing residential structure. 2. Replicate or approximate roof forms and pitch found on existing residential structures in the neighborhood. 3. Use window patterns and proportions similar to those on existing residential structures in the neighborhood. 4. Use building facade materials similar to those used on existing residential buildings in the neighborhood. 5. Maintain a consistent relationship to the street (i.e., building setbacks and entryways) as existing buildings. Q:\Townhomes\MFamilyDesGuide.doc 8 Nov 1, 2007 Offsets, changes in materials, and Oill fine detailing are used to provide chitectural interest. Pirchcd roofs, building modulation and intimate cnzies buroduce a p2ngle family scale to Vas dense building 1 -1------------'---1 1' I Pt A Trellised crary provides saucturaI 4 1 J i g LI q 1 transition from pedesirian environm o e-nt t I 0 s a building mo z. and helps separate public 1 i t ,from semi-prme project space_s i VI I I Ill:. Fi ill q .„J t -r--- :',Ej l 9 1 1 1 4,-- :\r t. fi r 'f A V L. !JR i P4 'tiTegt ,;1I. Init. _Nkk cr i's: 'Al i 2- `4•4 1 I ..-!:140 --1-.4g,!1 ilri tb w_, ,;--,A i ---r —1.0. I I 6 -A f ,—____,,i'L_:, '.1 l' ME il ,g a ll_Pitthr 1 7',!_ r -1.- •..,5, -.2 at.. f.--,:‘ 1-777 1 II i 1 I LI 4 \-A l.' li:: el- et P i :::r. ,k F 8: Detailing and modulation are used to reduce the scale of the building. Building Entrances C. Avoid the use of exterior stairways to second stories that are visible from the street. Do this: Q:\Townhomes\MFamilyDesGuide.doc 9 Nov 1, 2007 Driveway entrance to auto court 8ib��]ao� -i. H i --,--,=_--ti --4----i4A;.:4-L-<__w-,-L,._,--.-7,-r- ...sY-7-_, ..7,. V.-;-",:z.T..7...0:=V• t•i: I l�ottbia� 10 Nov 1, 200 3 Y4 4 t-„.f- .:,,-;_:;*-itf ist -__I csi 44 ,,i._ 1}„__ _,,a.,,c, NI, mi: w -M. Fig. 9: Relationship o entry to street level. D. Townhouse units shall have an individual entrance, with entrance vestibules, canopies or porches to give identity to each unit and provide weather protection. The main entrance to units adjacent to a public street shall be accessed from and face the street. Ltikti7,--)1-t_':P*,:-' 4; i;: --'0?3,- a T t r R= 3' ,'tom >r 14 1 1 X111 if Fig. 10 Individual entry porch. Building Elevations E. Attached townhouses shall read as a unified building mass, maintainin a common architectural language across the entire length of units. This mass shall be varied by changes in un it orientation, c /material variations, shifts in roof profile, and variation at corner units. Windows, bays, balconies, and other articulation could also be used to express the individuality of each unit. Q: \Totiynhomes\MFamilyDesGuide.doc 11 Nov 1, 2007 F. Each building shall incorporate treatments that "complete" the end and comer units, including: 1. an extended base or ground floor units 2. a protrusion, porch or bay that wraps the corner, or 3. an embedded comer tower W i g s �E== r,€ k. j JA I .�i'-_ ,7 ^°s.-[ 4 R rll ..f r '1:.. ii 3 wit- A`t.;: r OL 1 Fig. 11: Expressing individual units through modulation and roof forms. G. A 3 -story blank wall, even if at the narrow end of a building, does not reflect acceptable design quality. Use architectural relief and fine detailing to break up monotonous surfaces. H. Avoid applied ornamentation which is not related to building structure or architectural design. This would include arbitrary, inconsistent forms and decoration; uninterrupted floating horizontal elements; and large blank surfaces. Windows I. Provide relief, detail, and visual rhythm on the facade with well- proportioned windows. 1. Use window patterns, proportions, and orientation consistent with neighboring residences. 2. Use multiple -pane windows. 3. Provide windows that are designed to create shadows (either deeply recessed or protruding). 4. Use visually significant window elements (i.e. frame dimensions, lintels, casings, sills, and trim. 5. Locate windows so that the occupants from one residence cannot look directly into an adjacent residence. Q \Townhomes\MFamilyDesGuide.doc 12 Nov 1, 2007 f 3£ :i z i ;Ii s I I I t_ri 3,_ 1 11 ul ii, iii______ T Fig. 12: Window foul' examples. Roofline J. Vary the roofline along the building length to reflect individual units. This can be achieved using: separate roof forms a combination of roof types, such as shed, gabled and hipped roofs) gables and dormers K. Pitched and continuous sloping roof foinis are encouraged. Where flat roofs are used, they should be detailed with parapets or roof overhangs, and detailed with brackets, corbels or other decorative supports. t bbbb s --:-WS.-.! ,...=4 t_1„.„.-K- -5- ._,_v_-,i-ieg-------M -4 -1-1 1 7 -3"1- -t:::= 1- 1 z -s t I r �s s _ems y� N om t 4 t.„, .....,.*;i.m.,:_f___.. 3 q� 3 a F .el t. 3 1 f F Y Fig. 13: Roof foiui variation. Q \Townhomes\MFamilyDesGuide.doc 13 Nov 1, 2007 Building Massing L. More prominent sites and buildings require a higher level of design quality. This would include projects which are located near hill tops or intersections, or which include large visible building masses. M. Use building and roof modulation and articulation to reduce the appearance of large building masses. 1. Modulate the building facade with features such as porches, balconies, building wall relief, and bay windows. 2. Provide roof elements such as gables, eyebrow roof forms or dormers. 3. Incorporate prominent cornice, soffit, or fascia details that emphasize the top of the building. 4. Provide prominent roof overhangs. 5. Articulate the roof with rafter tails and brackets. l 3 4 ,_:-L.L Fig. 14: Differentiation of individual units through color, material and roof forms. Material and Colors N. Construct building exteriors of durable and maintainable materials that are attractive even when viewed up close. Use building materials that have texture, pattern, or lend themselves to a high quality of detailing. Appropriate materials are horizontal lap siding, shingles, brick, stone, stucco, ceramic or terra cotta tile. 0. Use a variety of complementary colors on building exteriors. Reserve brightly saturated colors for accent or trim features. Garage Design P. Design garages and carports so that they do not dominate the dwelling's facade. 1. Locate garages and carports behind residences, stepped back from the building's street facade, or provide a side entry (perpendicular to the street). 2. Design driveways to be as narrow as possible and/or shared where possible to Q :1Townhomes \MFamilyDesGuide.doc 14 Nov 1, 2007 minimize impervious surface and to minimize disruption of the sidewalk and planting strip by curb cuts. 3. Incorporate windows into garage sidewalls whenever they face the street so that they appear to contain habitable space. 4. Incorporate garage door elements which reduce the apparent size of the doors, such as panels and windows. 5. Use materials and colors that match the residence. _Wcfaily: 1: =Y 7 7 i I- z 4 P 0 '+t -%_4,,-_- :n.'__- Si si_=_=.- r i_ ,:s__,..---,-__= 7_•-=-=_.= I ti f__, i 4 :s.._:_ 4 `tom t€ 1. i _f Is Fig. 15: Side entry garage with windows. III. LANDSCAPE /SITE TREATMENT Landscape Design A. Plants can be used to curtail erosion, to soften the built environment, define or emphasize open space, give privacy, block wind and lessen the effects of solar radiation. B. Although the landscape plan should reflect plants at maturity, landscaping should be considered as a design element harmonizing site plans and building design only to the extent of its effect in five years. This could mean using significantly larger initial plant stock for those project designs which rely heavily upon landscaping to provide relief for building and site design or screen the project. C. Select and site landscape materials to produce a hardy and drought- resistant landscape area consistent with project design. Selection should include consideration of soil type and depth, spacing, exposure to sun and wind, slope and contours of the site, building walls and overhangs, and compatibility of new plant material with existing vegetation to be preserved on the site. Q \Townhomes\MFamilyDesGuide.doc 15 Nov 1, 2007 D. Install all plant materials to current nursery industry standards. Landscape plant material should be properly guyed and staked to current industry standards. Planting of trees in compacted soils is prohibited unless minimum 12 inch gravel drain sumps are installed under each tree to a minimum of 36 inch depth, or the subgrade soil beyond the planting pit is rototilled to a 9 inch depth to the drip line or edge of planter, whichever is less. E. Plant shrubs used to define spaces or separate environments as a staggered double row whenever possible. This provides the significant depth especially necessary to separate environments such as parking areas from grassed fields and building entries. F. Limit shrub beds to a maximum of two feet wide per typical row of nursery stock plants, in order to minimize barked area and maximize live ground cover. A typical five foot wide barked planting bed for a single row of shrubs is not acceptable. Protection of Existing Trees G. The survival and general health of a tree depends as much on the condition of its root system as it does on the factors influencing the above ground portion. This vital root system extends out to, and sometimes beyond the tree's drip line (the outermost reach of branches). Any significant disturbance to the root area, such as high surface compaction, root severing, over watering and/or removal of organic material in which the tree has composted over several years, will almost certainly kill the tree. Tree removal and replacement would be required after a few seasons of progressive deterioration. H. Protect significant trees during construction with a chain -link fence or plastic vinyl construction fence at the drip line. Install the protection fence prior to issuance of grading permit. Removal or destruction of fencing should be cause for a Stop Work Order until reviewed by City staff. I •1' r i *t fi i .r N A DRIP -LINE 1 FENCE LINE Fig. 16: Tree protected with a chain link fence at the drip line during construction. Q \Townhomes\MFamilyDesGuide.doc 16 Nov I, 2007 Design for Screening and Separation I. Full privacy requires an opaque fence or evergreen barrier at least six feet high or above eye level, depending on the angle of view. Noise reduction requires a dense fence (i.e., concrete /masonry) wall or berm in addition to plantings. J. Area separation requires a continuous physical barrier not less than three feet high. A greater degree of separation would require a higher opaque barrier. A separation planting strip could be deciduous or evergreen. K. Provide a privacy fence along side and rear yards if adjoining single family zoning. This should be 6 feet high sight- obscuring wood (or equivalent) fence with exterior materials and colors consistent with building architecture. Outdoor Space Design L. Outdoor space tends to be unusable when it is simply the "leftovers" after buildings are placed on the land. Outdoor spaces should have a definite functional shape, be internally designed to fulfill that function, and be functionally associated with a specific unit or unit group (see "Defensible Space" in Site Plan guidelines). M. Complexes with 10 or more units must provide an on -site recreation space for children with at least one area designed for children aged 5 -12, see TMC 18.52.060. This area should be characterized by interactive group equipment which tests skills. The Parks and Recreation Director should be consulted in the review of acceptable design proposals. N. The child play area should reflect the design elements below: 1. Visually accessible to casual surveillance by passersby and residents. This is a key element in facility safety and generally requires a central location. 2. Provide separation of play areas from general passersby for security. 3. Easy safe access from residence to play area(s) 4. Hard surface areas for wheeled toys and tricycles. 5. Equipment with zones to satisfy the specific sensory and skill needs up to age 12. 6. Use water and sand if limited to two materials. These provide more possibilities for play and fun than all asphalt deserts combined. The ability to move over, under, around or through something.affords a child control. He can change his relationship to it. 7. A child should be able to control his level of involvement with others. Make small sheltered areas for solitary play, larger spaces .for group play. 8. An adjacent sitting area for monitoring the children. Q: \Townhomes MFamilyDesGuide.doc 17 Nov 1, 2007 i ti s 1, C r ffil 1 f s 1 a- i Fig. 17: A recreation space for the 5 -12 year old group which facilitates group interaction and skill testing. 0. Linkages with existing public trail and park facilities should be made where possible, either through immediate construction or agreement to jointly participate in the coordinated provision of such a linkage at a later date. IV. MISCELLANEOUS STRUCTURES /STREET FURNITURE Lighting A. Reflect project architectural design considerations in all exterior lighting (i.e., distribution, intensity, and pattern). B. Maximum parking area light standard height is 20 feet or the height of the building; whichever is less. 4 s A. 74', i IE A Wee* ss k1 "1 74 Fig. 18: Parking lot lighting. C. Maximum walkway and grounds lighting is 15 feet. Light fixture height is limited to enhance a sense of scale and enclosure for common areas at night. Q \Townhomes\MFamilyDesGuide.doc 18 Nov 1, 2007 D. Provide all lighting standards with glare cut -off features to avoid off -site spill -over. E. Place fixtures so that light patterns overlap at a height of 7 feet which is sufficiently high to vertically illuminate a person's body. F. At hazardous locations, such as changes of grade, use lower level supplemental lighting or additional overhead units. Where low -level lighting (below 5 feet) is used, fixtures should be placed in such a way that they do not produce glare. Most eye levels occur between 3 feet 8 inches for wheelchair users and 6 feet for standing adults. G. Where walkway lighting is provided primarily by low fixtures provide sufficient peripheral lighting to illuminate the immediate surroundings. Peripheral lighting contributes to a feeling of security in an individual because he can see into his surroundings to determine whether or not passage through an area is safe. Such an area should be lighted so that the object or person may be seen directly or in silhouette. Fencing, Walls, and Screening H. All fencing, walls, and screening should reflect building architecture and be haunonious with adjacent project designs. This includes consideration of proportion, color, texture, and materials. Design perimeter fencing to be attractive from both sides. Service Areas I. Screen all exterior maintenance equipment, including }{VAC equipment, electrical equipment, storage tanks, satellite dishes, and garbage dumpsters from off -site and on -site common area view in an architecturally integrated manner. 44 g Y e t c ,,,k i g 2 5 t +*1_ 4: ?II/ 4 7 sw S g N F J Fig. 19: Dumpsters are sited and screened to minimize prominence. Q \Townhomes \MFamilyDesGuide.doc 19 Nov I, 2007 J. Several small dumpsters adjacent to buildings such as garages are preferable to a single large free standing site. Dumpsters should have solid architectural wall screening only to the container height to minimize its prominence. i E_ 6 M tyli[tit�u €tl �i� 1 s pin-up t t F 3 l i t a 1, t z a1„ j Sri E t' f z r- Garbage pickup area for new development Fig. 20: Garbage collection area screened from public street. K. Recycling containers and areas should confouu to King County standards or as amended by Tukwila standards. Street Furniture L. Carry out the project's design concept with the choice of street furniture. M. Foster opportunities for social gathering by residents in shared open spaces by the provision of seating and other amenities. Separate vehicular traffic from pedestrian oriented areas with the use of bollards and other barrier features. Q \Townhomes\MFamilyDesGuide.doc 20 Nov 1, 2007 JUNE 24, 2007 PUBLIC HEARING MI_NU'1'ES PLANNING COMMISSION PUBLIC HEARING CASE NUMBER: L07 -024 Code Amendments APPLICANT: City of Tukwila REQUEST: Modifications to zoning and subdivision codes to allow for zero -lot line townhouse development. LOCATION: Multi family zones Nora Gierloff gave the presentation for staff. Currently, in the multi family zones, there are certain standards, such as minimum lot size, lot width and side yard setback requirements. When you combine them you can only build either apai tments or condominiums. You cannot have a townhouse that you own between two party walls all the way to the ground with a lot line between you and your neighbor. Townhouses are a popular housing type and there have been some developers who have talked to the City Council expressing an interest in developing this type of housing. The Council is interested in knowing what it would take to develop townhouses in Tukwila. Staff compared Tukwila standards with standards established in other adjacent cities that are developing townhouses. There are two categories of changes that would need to be considered: 1. There are things that would absolutely need to be changed in order to draw the lot line through the buildings. 2. There are other standards that would bring Tukwila's requirements more into line with what other cities are seeing, which could encourage townhouse development. Staff suggested if the Commission agree that some changes should be made, they may want to look at some of Tukwila's standards to see if it would be a competitive place to develop compared to other Cities. Ms. Gierloff went over the proposed changes that are listed in the June 19, 2007 Planning Commission Staff Report, Attachment H. Staff circulated their proposed changes to a number of developers who have expressed an interest in land in Tukwila. Some of the feedback that she has received from developers was incorporated into the proposed changes where appropriate. There was a lot of discussion on the proposed changes and Ms. Gierloff addressed several questions raised by the Planning Commission. There were no public comments. The Public Hearing was closed. The Planning Commission deliberated. Commissioner Peterson stated that if there is a need for a secondary fire lane access across single family residential, a gate should be erected for passive protection. He pointed out that there is no way to get one after the fact. Attachment C Commissioner Marvin expressed some concerns about the quality of townhouses, indicating he wants them to be nice. He also requested that construction should not impact residents. Chair Malina suggested it would be a great tool for the Council if staff provided some CAD drawings of a parent lot developed with garages in the front and without garages. He also suggested an example of a single unit with and without garage frontage be provided. It was also suggested that a sidewalk recommendation be prepared for the Council.. THE PLANNING COMMISSION MADE A RECOMMENDATION TO MODIFY AND FORWARD TO THE CITY COUNCIL, THE CODE AMENDMENTS ON CASE NUMBER L07 -024 APPROVING STAFF'S RECOMMENDATIONS FOR OPTIONS: 2. Make only those changes to the Zoning and Subdivision Codes necessary to allow platting of individual townhouse lots and; 3. Make additional changes to the Zoning Code requirements for tiered setbacks, modulation, development coverage and common recreation space; and 4. Modify the Multi- Family Design Guidelines with illustrations and design guidance specific to townhouse development; and THE PLANNING COMMISSION HIGHLY RECOMMENDS THAT OPTION FIVE COMES BACK TO THE PLANNING COMMISSION, BUT MAY BE ELIMINATED AND GO TO ADMINISTRATIVE REVIEW AT SOME POINT. THERE WAS ALSO SST EXPRESSED IN ADDING A FIRE LANE ACCESS. NOVEMBER 8, 2007 PUBLIC HEARING MINUTES PLANNING COMIVIISSION PUBLIC HEARING CASE NUMBER: L07 -024 APPLICANT: City of Tukwila REQUEST: Modifications to zoning and subdivision codes to allow for zero -lot line townhouse development LOCATION: Multi- family zones Chair Malina swore in those wishing to provide testimony. Minnie Dhaliwal, Planner gave the presentation for staff. She provided background on the proposed changes and gave an overview of the draft Townhouse Design Guideline Manual, which had not come before the Planning Commission. Staff wanted the Planning Commission to look at and provide input on the final version of the Design Guidelines before going to City Council. Staff also wanted to give developers who had not had the opportunity for comments at a public hearing regarding some of the development standards, a chance to do so. The Townhouse Design Guideline Manual addresses site planning, building design, landscape treatment and miscellaneous issues. As a result of discussion, staff will include language encouraging low grade parking. Mike Overbeck, Developer, explained he is trying to develop property he has on 144 street and is looking at economic factors to develop his parcel. Jim Barker, Architect, is present, to show the Commission some examples of what might happen with the proposed setbacks. Mr. Overbeck asked if a couple of Mr. Barker's examples could be noted in the report. He also asked that the setbacks at the most stringent be 10 feet from the property line and 10 feet going straight up, not having an additional setback for the second and third floor. He pointed out on page 3 of the staff report that the side setbacks, (assuming that the parent lot is viewed as a whole) in townhomes, would mean that the second floor would have to be 20 feet off the property line. Whereas the first floor could be 10 feet off it. He stated that in his seven years of Real Estate background and his searching for examples in King County, he can not fmd a single example of a zero lot line townhome that has a tiered setback for additional stories. Mr. Overbeck said this is really in reference to lots that border MDR and HDR lots. He stated that HDR lots are 2,000 sq. ft. and with the proposed setback that you really can not build a structure that can be sold. Mr. Overbeck stated he is hoping to add to the community and bring in some home ownership and that there will be a little more pride taken in the neighborhood. He said to make this economically viable at all; he has to build three bedroom homes, at a minimum. He asked if something could be adopted so that as developers they could come up with economically viable products. He stated there could be 25 -40% of the lots could be affected by the setbacks. There were samples provided. Jim Barker, Architect, helped Mr. Overbeck design the townhome project in the HDR zone. He said the 20 feet side setbacks really hurt the design. The 20 foot setback does not allow for building 3 bedroom townhomes. Mr. Barker passed around some samples with various setbacks and listed some setbacks in other jurisdictions, asking that the proposed setbacks be reconsidered. Mr. Barker answered questions and provided clarification for the Commission and staff. Gary Singh, Developer, asked why the HDR zone setback has to go higher, stating if that is done you do not have enough room left to build anything. He also stated if the rear setbacks are 10 feet there will be a little more breathing room and it will be more economical. People can spend money and it will help. He also answered questions and provided clarification. REBUTTAL: Minnie Dwaliwal stated that townhomes are a good thing, but she asked, at the same time what we are giving up if you shorten the setback. She said the problem with this property is that it's too narrow and no matter what code you write, there will be some issues with it. With the existing code, landscaping also creates a problem for developers. The suggestion for this particular property is to try and acquire abutting property that may be re- developable. Commissioner Ekberg stated the existing setbacks for apai talents are being applied to townhomes and a different look needs to be taken at it. He recommended taking the existing table and making a new table called "MDR basic development standards for townhomes." Then, apply two principles to that table: 1) townhome development adjacent to an existing multi development (an apailinent) and 2) a townhome development that would be adjacent to single family lots. He would surmise he would like to see setbacks associated to townhomes adjacent to single family lots larger in size than setbacks associated with townhomes next to apai tiuents. An example was provided. Minnie stated that staff will create a table for the Commission to take a fmal look at in December. Chair Malina asked that staff provide the Commission a broader view of townhomes and what other jurisdictions are doing. Case Number L07 -024 continued to December 13 public hearing. DECEMBER 13, 2007 PUBLIC HEARING MINUTES PLANNLNG COMMISSION PUBLIC HEARING CASE NUMBER: L07 -024 APPLICANT: City of Tukwila REQUEST: Modifications to zoning and subdivision codes to allow for zero -lot line townhouse development LOCATION: Multi family zones Minnie Dhaliwal, Senior Planner, gave the presentation for staff. She stated that this is the third time the case has been heard by the Commission. This third hearing addresses the comparison setbacks of the neighboring jurisdictions. There was a detailed overview and summary of the proposed changes on the new setbacks. Staff's new recommendations for setbacks are listed in the December 5, 2007 staff report. Since the last meeting, staff has added a definition for detached zero lot line dwelling units. Minnie answered several questions during her overview. Mike Overbeck, Developer, gave testimony on the landscape setbacks and the distance between buildings. He handed out and went over, different lot examples, based on different setbacks, to the Commission. He said his goal is to be able to come up with a zero lot line proposal that allows developers to build as many units as the zoning allows. Mr. Overbeck expressed that he is happy that the new setbacks proposed by staff allow developers to build more units. However, he stated that there are two other problems. 1) Additional landscaping setbacks affects the zoning for narrow lots 2) He also said that 20 foot setbacks between three story buildings create a problem using the maximum space and creating an aesthetic appearance. The Commission was asked to strongly consider a ten foot setback on three story buildings in the MDR between buildings so developers can utilize the maximum space. Commissioner Parrish asked Mr. Overbeck what he would propose as an alternative to the 10 foot landscaping setback. Mr. Overbeck stated that he is proposing zero landscaping setbacks for lots that are adjacent to the HDR and MDR. Jim Barker, for the applicant, went over some documentation he provided on landscape setbacks between buildings of different projects he has worked on. Mr. Barker stated that with staff's proposed landscape setbacks developers aren't able to build as many units because the lots are long and narrow. He indicated that other jurisdictions that he works in have landscape requirements. He said as long as the developer provides the total landscaping that is required, they can move landscaping around. The applicant proposes reducing the separation between buildings to ten feet and recommended a total amount of landscaping vs. landscape setbacks. Mr. Barker asked that the landscape setbacks and the separation between buildings are reconsidered. REBUTTAL: Minnie Dhaliwal, Senior Planner addressed the issue the applicant raised regarding the narrow lots. She said the first thing to figure out is how many long narrow lots the applicant is talking about, which she determined was three. She said when the codes are written they are not written for one specific property, however, staff wants to try and accommodate and make it work for developers. She determined that there would not be a problem reducing to the ten foot setback and going with a ten foot building separation up to three stories. Therefore, she said the Planning Commission might want to reconsider allowing the change. Upon further discussion and noting that properties with 10 feet side setbacks had 20 feet between buildings, Minnie suggested that the original recommendation of 20 feet building separation be maintained. Minnie explained Perimeter Landscaping Averaging, which she stated is in the City's code. The applicant could apply for Perimeter Landscaping Averaging and, if they meet the five criteria, the space would be more useable space, as long as, the screening and buffer requirements are met. The option of not having landscaping is not very attractive and would not provide high quality development. Therefore, staff recommends leaving the ten foot landscaping requirement, which is already in the code and amend the building separation to ten feet for up to three story buildings in the MDR and HDR. The landscaping setbacks for four story buildings would remain at 20 feet. Minnie read the five criteria for Perimeter Landscaping Averaging to provide clarity for the Commission. There was discussion and Minnie answered several questions. There were no further comments. The public hearing was closed. The Planning Commission deliberated. Commissioner Arthur stated that the Commissioners do not come up with guidelines to maximize density for a developer for a specific property and he is reluctant to do so. He said it is difficult to review the amount of documentation provided by the applicant at the meeting and be able to proceed. He inquired whether staff had the opportunity to review all of the documentation, and staff confirmed that they had not. Commissioner Arthur stated he was opposed to suggestions to eliminate landscaping. The Planning Commissioners concurred with Commissioner Arthur and were in consensus with staffs recommendations. COMMISSIONER EKBERG MADE A MOTION TO APPROVE CASE NUMBER L07- 024 BASED ON STAFF'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS, TO BE FORWARDED TO THF, CITY COUNCIL. COMMESSIONER ARTHUR SECONDED THE MOTION. ALL WERE IN FAVOR. Townhouse Examples Hollycrest Townhomes Tukwila 2,200 to 3,100 sf lots (w /o roads) 1,30 to 1,650 sf houses 2 bedroom 2 bat Approx. $280,000 22 units, 3 have resold dur the last 4 years R i� lit,..:77„,„:„_,:x.,,,,t4,,,T.,...:ti,,,_3=___„.: t= --.---!,:t--,7=-7.;27,44 s r. F 1 a ,_s fi r S .._.„..i.,,..„1„.„.,:" ,,t -r�=s `tt =Its t s L r gr 'fit j F ts. a*'Pe r. tt�yt$� V t .-I .i i i t 6 b s r Attachment D Park Pointe on the Hill Condominiums Tukwila 3,000 sf lots, 1,100 sf houses 2 and 3 bedroom 3 b ath A $200,000 9 units, 3 have resold since 1995 z f 3 f 1 f a 4 r f Nsfir S_ i 'j Cobblestone Townhomes Renton 1 to 2,600 sf lots (w /o roads), 1,40 to 1,800 sf houses 3 bedroom 2 bath Approx. $300,000 s 1 s ir 1 er 3 3 a x :te !_i_,,,,,,- z 3 i r__„_4„,,,:,-- _,_z-ii,, --7:--.:-z---,..-7::_=,;;_--1-1-„, I :3' t-_ =7 4 4-= 1 _„1 -;t--1 1,=i t-c' t-. _r i'sti :L li.ftilln_ 4.11g1,11p14 ',..;.:iNk -7-,Tr' 41,, p :'_-__-f-;-1 '-'4."TfT=7:7....- =4 IF :-%77: ,L.. s, :I P 1-1 -77 17-- 4 1;--i' l' ---_;-s--_,T.--_._ 1 f. .j -jr.,,_.,--.=---i--:,:'--.::.:E-y:H-----:---?,.._, Classic Concepts Townhouses 2,200 to 2,800 SF Lots (including road) 1,400 to 1,650 sf houses 3 bedroom 2 bath Approx. $300,000 140'x400' lot (1.3 acres) ism x z c n i C' Irr Cherrywood Lane Small Lot S Fam 3 to 4,000 sf Lots (public roads) 1,700 sf houses 3 bedroom 2 bath Approx. $400,000 %2 acre communal open space I l=„ .4 k., s 4: t G ,s-i_ sir 7- ,s, 1,0iivc.,.__:-__„_:„...:„.,,,.._,:____1,._::._,_r.,:.;-,, s Yom{ 2 r_ d f Amit 5_ i5.117A i V-siiiI 4- 1 i7; i --iTi l itZt -Irs-i- „4 mt 1., 7 I s t_ v Y f 1 Examples of some detached zero lot line type of developments: r i 1 i 1 i i 1 1 SIVIIII 1 :._.,.../........................1....___• .....1 i paws sutuovu rfto4aiostux.T4ts costrfroc rrkut tun r T 7 -,I i k r 1 111 71 1//1/P_ kil '170/0- I 4 Nik zz- 4:- 1 I; P I 4111111 Ra r r Illlimili (4111 4001; t L 1111111in .4 two i 1,—.,--= ZERO LOT LINE L....7 ZERO LOT LINE The site plan for a small zero lot line development shows how staggered siting, fencing, and detached garages cart help preserve privacy and produce an in. teresting arrangement. Attached zero lot line type of development (These would be considered as townhouses under the proposed code changes) ,441 1 1 111 11 SI/ Jurisdiction Tukwila Seattle Renton SeaTac Olympia Standard MDR I HDR 1 Lowrise 1-41 R -14 1 RM I T 1 R6 -12 1 Density Min 8 Max Min 14 Max Min 12 Max Min 6 Max Units /Acre Max 14.5 Max 22 14 35 24 12 Height 25 10 for 2 Stories or 3 Stories or 30 45 pitched roof 30' 35' 35' 35' Max Attached 1 1 1 3 to 6 1 1 1 4 Max Build. 50', 100 w/ 50`,0€ v/- Length Modulation Modulation_ 115' Lot Width 180' Along 60 20' or 25' 14' street 16' Impervious Surface 50% 50% 85% 70% Building Coverage 50% 50% 75% 55% 70% Setbacks: Front Front 20', 10' w/ 5' Min, Av. access 20', 10 -15' (0' side or rear 1st Floor 15 15 Of adjacent w /Alley 10' 5' with design) parking Front 2nd 20 1 20 9 1 1 1 1 1 1 Front 3rd 30 I 0 1 1 1 I 1 L___,457_ Front 4th =1 1 1 1 1 2nd Front 1st House 10' 7.5 7.5 Garage 18' 10' 10' 2nd Front 2nd 10 1 10 1 1 1 1 1 1 2nd Front 3rd 15 1 15- 1 1 1 I 1 2nd Front 4th 1 225 1 1 1 1 1 Side 1st 5', 10' when 5' (0' with 10 10 8' Av, 6' Min next to SF 3' design) 10' Side 2nd 20 20 8' Av, 6' Min Side 3rd 20 (30 next 20 (30 next to LDR) to LDR) 9' Av, 6' Min Side 4th 11' Av, 6' _--__34 Min Rear 1st 25' or 15% 10' (0' with 10 10 lot depth 15' 5' design) 20' Rear 2nd 20 1 20 1 1 1 1 1 Rear 3rd 20 (30 next 20 (30 next to LDR) to LDR) Rear 4th Recreation 400, 25% 400, 25% Space sf per unit shared play shared play Average 200 private, area area 300 private 75 shared Other Alley Access Required Attachment E To: Community Affairs Parks Committee, Tukwila City Council, Tukwila CC: Minnie Dhaliwal, Senior Planner, City of Tukwila From: Mike Overbeck 4620 S 148 Street Tukwila, WA 98168 RE: Code: 07 -024 Modifications To Zoning Zero Lot Line Townhomes (3 Bdrm) In HDR and MDR Zones Goal: To encourage zoning code changes that enable under reasonable circumstances the construction of actual buildable units that match the number of allowable units for which the land was previously zoned. (For example, HDR 1 unit per 2,000 sq ft; MDR 1 unit per 3,000 sq ft) Scope of Lots Affected: There are a total of 203 lots in Tukwila that this zoning modification would affect. Our discussion today is focusing only on the lots less than 80 feet wide (approximately 70 lots or 34.5% of the total lots). Please refer to Chart A. Comments Regarding Land Valuation Criteria For Redevelopable Lots: The current criteria for valuing redevelopable land used by the City of Tukwila Planners do not seem to be in congruence with true market land values. In my opinion, if you take an existing parcel with a Single Family Residence on it and subdivide it using the proposed zoning changes, in most cases, the land would become of greater value than the existing appraised value. Comments Regarding Current Recommendation From DCD Informational Memorandum Dated Jan 23, 2008 And Code Changes Dated Jan 28, 2008: 1) (a) Landscaping setbacks of 10 ft on the side yard's in HDR zoning make it almost impossible to build a livable 3 bedroom unit in Tukwila's narrow lot's. Please refer to the Site Plan example on Page 2 of the Information Memorandum from the DCD. i) In this example, the landscaping setbacks are approximately three to five feet (Tukwila's setbacks are 10 feet) ii) There is ten feet between buildings (Tukwila reauires 20 for a three story dwelling) iii) There is not a designated play area (Tukwila requires one for ten or more units) Attachment G (b) On Page 4 of the DCD Information Memorandum, the proposal calls for a minimum of 400 sq ft of recreation area per unit and it states that 250 sq ft of that has to be private. This requirement is 150 sf larger (or 37% more) than Seattle and SeaTac currently require. Each of these jurisdictions requires just 250 sf of recreation space and only 3 to 5 feet of landscaping. If Tukwila maintains its stricter recreation space requirement of 400 sf to make the units more aesthetically appealing to the inhabitants, it could allow some flexibility in the perimeter landscaping setback requirements. Recommended Solutions: 1) Reduce the landscape setback requirements from 10 ft to 5 ft on the sides and back, leaving the front setback still at 15 feet. These smaller landscape setbacks in conjunction with current recreation space setbacks, building setbacks and modulation requirements should achieve neighborhood aesthetic goals. The aforementioned setbacks are more or equal to adjoining jurisdictions such as Renton, SeaTac, Seattle, Unincorporated King County. 2) Allow a considerable amount of flexibility in perimeter averaging in reference to the landscape setbacks because it becomes challenging on these narrow lots. 3) Keep the recreation requirements at 400square feet to help off set this reduction in Landscaping requirements. Chart A: HDR/MDR Lots Potential Townhouse Sites f Lots Narrow Lots HDR Parcels I 96 32 HDR Vacant/Redevelopable 1 26 2 MDR Parcels 1 71 35 MDR Vacant /Redevelopable 1 10 J 1 TOTAL PARCELS 203 70 34.5% 5% accuracy of counted lots **80 feet wide or less Chart B: Landscape Setback Requirements Seattle Tukwila King County Unincorporated Front 3 1 15 10 Side J 3 I 10 5 Back 1 3 I 10 I 5 Diagram C: Landscape Requirements >`f1' Tukwila's Current Landscape Requirements n. tw Lot Size: 304 x 69 20,976 I i 1 Landscape: FY= 15' i SY =10' :l r RY =10' Front Yard 15 x 49 735 Side, 10 x 304 3096 -A 10 x 304 3096 Rear Yard 10 x 49 490 E Total 7417 (35% of total lot) 'j` Seattle's Current Landscape Reauirements L:t t� Lot Size: 304 x 69 20,976 s t._ I z j Landscape: 3' x perimeter l -1_F 3x746=2238 t Total: 2238 (11% of total lot) i aL f c F King Countv's Current Landscape Requirements* >1- z *Unincorporated 1 1_ n f Lot Size: 304 x 69 20,976 F Landscape: FY 10' f' RY 5' w4 s R z: I Front Yard 10 x 49 490 P Side, 5 x 304 1548 r 5 x 304 1548 r-4 ri Rear Yard 5 x 49 245 i Total 3831 fa' 1 (18% of total lot) Zero Lot Line Townhome Example .A' n..4r 1125--$24 —7 tea I ii 11. Ifi r ,1'11. :tt. I(1 'nt. t. =I "lu,. 'tiv :V., 1I:e i ,fir CI '-.1 i ..:11;1-. i E __.E.T 2 1 .14B T111111 1:7111011 WE i:,ii p 7 —U I- [[Ej a} '1. 1 9E19E- t alit 1 I Mi altil F f (jt y �,pp i■ ps ..•e .I Fitl r..c t5tt 1 l '!ia} h tai 1 `I lg yi G i i I I f ILVIA qg ag i I �I.11AI 1t1 1 (JJ �I 1 �lw�l f ■I a 1I f1 i Vile i t usinI YIIII•Y/YIIII Ills t. ii. III UYMVI kfl u tlil 1 It __mil fl- X TG Drfe 4 off► /47, Jam- -.9 0, f .sy City of Tukwila 'w o Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes Januafy 28, 2008 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De'Sean Quinn Staff: Bruce Fletcher, Jack Pace, Minnie Dhaliwal, Rhonda Berry, Derek Speck and Kimberly Matej Guests: Chuck Parrish, Mike Overbeck (resident), Julia Talcott (resident), Christi Sheridan Cisler (resident), Doug Cisler (resident), Chris Slatt, Steve Beck, Julie Hoyle -Lowe and Jamie Durkin CALL TO ORDER: Chair Hernandez called the meeting to order at 5:01 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Modifications to Zoning and Subdivision Codes to Allow for Zero -Lot Line Townhouse Development Staff is requesting a public hearing for modifications to Zoning and Subdivision Codes in order to allow for zero -lot line townhouse development in Tukwila. In summary, City staff is looking at existing land which is zoned multi- family and is seeking to identify opportunities that will provide owner occupied housing rather than apartment complexes. Redevelopable areas as well as current undeveloped areas in the City's multi family zones are mostly comprised of long and narrow lots, which lead to some challenges when building residential units. Townhouse development offers the opportunity to build another owner- occupied product besides condominiums. Suggested modifications to the Zoning and Subdivision Codes will provide guidelines and set the design standards expected for townhouse development in the Tukwila community. The goal is to publish townhouse design guidelines separate from the existing Multi- Family Design Guidelines which the Council adopted in 1992. Staff stated that several neighboring jurisdictions have implemented townhouse development within their communities. Committee Chair Hernandez would like to hear from other cities that have already adopted zero -lot line townhouse development guidelines. Code changes relative to townhouse development have been to the Planning Commission several times. Staff desires to forward the Planning Commission's recommendations to full Council and hold a public hearing on the changes on February 11, 2008. Staff communicated that several pre applications have been submitted in anticipation of this ordinance. Committee Chair Hernandez said that although the proposed Townhouse Design Guidelines are a good start in the right direction, she feels that it is not clear in the proposal which amenities are required and which are optional. She would like staff to use clarifying language as well as provide some examples on guideline interpretation and criteria application. Additionally, Councilmember Griffin stated that she would like to see a map of what areas in the City this would be applicable to included in the packet that will go to full Council. Community Affairs Parks Committee Minutes January 28. 2008 Paae 2 Mike Overbeck, a Tukwila resident and potential developer, distributed an informational memo to attendees. He said that he is looking at townhouse development from a financial standpoint which offers new economic opportunity to potential developers. He has attended several of the Panning Commission meetings where the applicable zoning and subdivision codes have been discussed. He stated that his main focus is that Tukwilas suggested landscape setbacks are more stringent than King County, Seattle and other surrounding cities. He would like staff to re- assess the need for such stringent setbacks. Jack Pace recommended that Mr. Overbeck attend the February 11 public hearing so that his comments can be on record. After the hearing, full Council can direct staff to make specific changes. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 11 COW FOR PUBLIC HEARING. B. Amendment #1 to Contract #03 -058 with Starfire Snorts Starfire Sports, who currently has a long -term lease with the City for Fort Dent Park, is requesting an amendment to their existing contract with the City. This amendment will eliminate the softball fields currently located at the Park and add new soccer fields and an accompanying locker room to allow for a practice area that will be subleased to the Major League Soccer (MLS) franchise coming to Seattle. Staff stated that they have been working together with Starfire personnel to create contract language that is fair to both Starfire and the City. In addition to the changes outlined above, a modification has been made to the parking section which Chris Slatt of Starfire believes captures the spirit of what needs to be done; that there is no longer a sole commitment on the side of the City to respond to parking issues. Instead, the City and Starfire agree to work together to identify funding to provide additional parking. Committee Chair Hernandez commented on Section 5.3 and 5.3.2 on page 10 of the current contract, which outlines the City's obligations relating to parking. She recommended that these sections be reviewed to ensure that all clauses regarding parking are consistent with proposed changes. Mr. Slatt discussed at length the conversion that will take place if this amendment is approved. The information he provided included: turf and grass fields, of which the grass field would have very limited public access due to wear and tear; and the creation of mod fields. He stated that the MLS group intends to spend approximately $2 million on the changes. He also commented that the conversion will not increase parking requirements. Mr. Slatt also passed around an additional proposed contract amendment that will be brought to full Council (Section 5.12). This change will allow Tukwila residents to be exempt from parking fees during Starfire special events with proof of residency. Some Committee members commented that it might be beneficial for Starfire to show their presentation at full Council. It was noted, however, that the majority of Council has already seen the presentation. Due to the proposed elimination of the softball fields at Fort Dent, the Committee expressed a desire and need for softball field users to have an opportunity to responded to and comment on this contract amendment at both the February 11 COW and February 18 Regular meeting (or other such regular meeting to which this items may be assigned). UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 11 COW. IQ. MISCELLANEOUS Meeting adjourned at 6:39 p.m. Next meeting: Monday, February 11, 2008 5:00 p.m. Conference Room #3 Committee Chair Approval Mi ,utes by KAM. r i COUNCIL AGENDA SYN0PsIs J Initials ITEM No. Q 4-�9 9 1 Meeting Date i Prp d by Mayor's review 1 Council review 'v� A.4.6- :O` I 02/11/08 4 I ta,,. I 4. 0 I 02/19/08 I v 1 1908,= I I I I I I I '-f, a, ITEM INFORMATION CAS NUMBER: 08-018 I ORIGINAL AGENDA DATE: FEBRUARY 11, 2008 AGENDA ITEM TITLE Recycling Program Grants and Interlocal Agreements CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mli tg Date 2 /11 /08 Mtg Date 2/19/08 Ailtg Date Mtg Date 11 1 Date Mtg Date Mfg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV SPONSOR'S Tukwila has received two grants to continue the Recycling Program's activities. The Mayor SUMMARY needs to sign interlocal agreements so that Tukwila can receive the grant funds that it has been awarded. (The Recycling Program's residential and business assistance activities are completely grant- funded. No General Fund or other City funds are used.) REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. 111 Planning Comm. DATE: 2/4/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign interlocal agreements I COMMA rEE Unanimous approval; forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 Fund Source: GRANT Comments: No General Fund or other City funds required MTG. DATE I RECORD OF COUNCIL ACTION 2/11/08 1 I MTG. DATE I ATTACHMENTS 1 2/11/08 1 Informational memo dated 2/5/08 with attachments Interlocal Agreements Minutes from the Utilities Committee meeting of 2/4/08 ,LNIS1 W'1 City of Tukwila -1 4% s Jim Haggerton, Mayor wis w a9•14, Department of Community Development Jack 0141V./ p t Y Pace, Director 1908 To: Committee of the Whole 1 From: Jack Pace, DCD Director Subj: Recycling Grants Interlo 1 Agreements Date: February 5, 2008 ISSUE Signed interlocal agreements are needed so that the Tukwila Recycling Program can accept and use its approved grant funding for 2008 and 2009. BACKGROUND The Utilities Committee reviewed this issue at its meeting on February 4, 2008, and forwarded it the COW (Attachment A). Since the 1990's, Tukwila's Recycling Assistance Program has been operated exclusively through grant funding. No General Fund monies or solid waste subscriber monies are used for this program. Tukwila has received two grants that continue the Recycling Program efforts —one is a Waste Reduction/Recycling grant (W/RR) from the King County Solid Waste Division, and the other is a Coordinated Prevention grant (CPG) from the Washington Department of Ecology. Both grants cover the period from January 1, 2008 through December 31, 2009, and each requires a signed interlocal agreement. DISCUSSION The grants are described below: Waste Reduction/Recvclina Grant (W/RR) The Waste Reduction/Recycling grant from the King County Solid Waste division totals $78, 655 for the 2008 -2009 grant period. (Attachment B) The grant will be spent evenly over two years, with $39, 327.50 budgeted in both 2008 and in 2009. WRR grant funds will be allocated as follows: Special Residential Recycling Collection —($15, 000) Hold two yearly events to collect hard -to- recycle goods (i.e. electronics, tires, furniture, bulky yard debris, etc.) from Tukwila residents Residential Recycling —Food Waste Program ($12,000) Provide Tukwila residents with countertop food waste recycling containers, and educational materials on home food waste recycling. Rf 1 02/05/2008 Q:\RECYCLING 2008\2008 -2009 WRR CPG COWbriefin -2.I 1.08.doc 6300 Southcenter Boulevard, Suite #100 e Tukwila, Washington 98188 6 Phone: 206 431 -3670 0 Fax: 206- 431 -3665 Non residential Recycling —($51, 645) Assist Tukwila businesses in reduce waste, starting or improving a recycling program, purchase recycled products, and, where possible, to develop sustainable business practices. Special emphasis will be on City of Tukwila facilities, and on sites with property managers and multiple tenants, including Westfield Southcenter Mall. Some grant funds will provide the local matching funds required for the Washington Department of Ecology's Coordinated Prevention Grant (CPG), described below. Coordinated Prevention Grant (CPG): The Coordinated Prevention Grant (CPG) from the Washington Department of Ecology (DOE) totals $22, 276 for the 2008 -2009 period. The CPG grant requires a 25% local match (i.e. $7, 425), which will be provided by the WRR grant (discussed above). The State grant share ($22, 701) plus the 25% local match equals the "maximum allowable cost" of $29, 701. (Attachment C) The CPG grant funds will be used as follows: Non residential Recycling -$29, 701 (Two-year total combines grant and 25% required local match) Assist Tukwila businesses in reduce waste, starting or improving a recycling program, purchase recycled products, and, where possible, to develop sustainable business practices. Special emphasis will be on City of Tukwila facilities, and on sites with property managers and multiple tenants, including Westfield Southcenter Mall. RECOMMENDATION Authorize the Mayor to sign interlocal agreements with the King County Solid Waste Division and with Washington Department of Ecology, in order to receive grant funding for Tukwila's Recycling Program. Attachments A. Utilities Committee Minutes (2/4/08) B. Interlocal agreement with King County Solid Waste C. Interlocal agreement with Washington Department of Ecology Rf 2 02/05/2008 Q:\RECYCLING 2008\2008 -2009 WRR CPG COWbriefing- 2.11.08.doc Attachment B CONTRACT D36991 D INTERLOCAL AGREEMENT FOR 2008 -2009 Between KING COUNTY and the CITY OF TUKWILA This two -year Interlocal Agreement (hereinafter referred to as the Agreement) is executed between King County, a political subdivision of the State of Washington, and the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This Agreement has been authorized by the legislative body of each party as designated below: Kin g County Count Ordinance No. 2003 -0462 City PREAMBLE King County and the City of Tukwila adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and direction. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this agreement as Exhibit B. Grant funding for this program is subject to the yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be generously shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Tukwila by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. 1. II. RESPONSIBILITIES OF THE PARTIES The responsibilities of the parties to this Agreement shall be as follows: A. The Citv 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A. The total amount of funds available from this grant in 2008 shall not exceed $39,323. The City understands that even though this agreement is two years in duration, funding for this program is subject to the yearly budget approval process of the King County Council. 2. This agreement provides for distribution of 2008 and 2009 grant funds to the City. However, 2009 funds are not available until January 1, 2009, and 2009 funding is contingent upon King County Council approval of the 2009 King County budget. 3. During the two year grant program, the City will submit a minimum of two, but no more than eight, progress reports to the County in a form approved by the County. Reports must be signed by a city official. These reports will include: a) a description of each activity accomplished pertaining to the scope of work; and b) reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement, prepared by the city's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of eight (8) progress reports and requests for reimbursement during the two year grant program, they shall be due to the County on the last day of the month following the end of each quarter April 30, July 30, October 31, January 31 except for the final progress report and request for reimbursement which shall be due by March 31, 2010. If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two year grant program, they shall be due to the County on January 31, 2009 and March 31, 2010. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5 working day of January 2009 and January 2010, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 3. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s) outlined in the scope of work, but no later than June 30, 2010. 2 4. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 5. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting process. 6. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or h sical handicap in the employment or a application for employment or in the administration or p Y p pP delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 7. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 8. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 9. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County and/or by federal or state officials as so authorized by law. 10. The City shall maintain a record of the use of any equipment that costs more than 1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2012. 3 11. The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division" and /or "text provided courtesy of King County Solid Waste Division." 12. The City agrees to submit to the County copies of all written materials which it produces and /or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the piece. 13. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 14. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County Council's yearly budget approval process and that provision of funds for these events is not guaranteed for the second year of the grant program. 15. This project shall be administered by Rebecca Fox, Senior Planner; City of Tukwila; 6300 Southcenter Blvd; Tukwila, WA 98188; 206.431.3683; rfoxnci.tukwila.wa.us. or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council's yearly budget approval process. Provided that the funds are allocated through the King County Council's yearly budget approval process, grant funding to the City will include a base allocation of $5,000 per year with the balance of funds to be allocated according to the city's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year. The City of Tukwila`s budgeted grant funds for 2008 are $39,323. Unspent 2008 funds may be carried over to 2009, but 2009 funds will not carry over to 2010. 4 The City of Tukwila`s estimated grant funds for 2009 are $39,323. 2009 funds are not available until January 1, 2009, and 2009 funding is contingent upon King County Council approval of the 2009 King County budget. Following approval of the 2009 King County budget, the County's grant program administrator will notify the city of the final 2009 grant funding. 2. Within forty -five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 3. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork pro vided courtesy of the City of Tukwila" and/or "text provided courtesy of the City of Tukwila 4. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 5. The waste reduction and recycling grant program shall be administered by Morgan John, a Project Manager, or designee, to be specified by the King County Solid Waste Division. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2008 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2008 and shall terminate on December 31, 2009. However, if execution by either party does not occur until after January 1, 2008, this Agreement allows for disbursement of grant funds to the City for County- approved programs initiated between January 1, 2008 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section II. A of the Agreement. IV. TERMINTATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the teiinination date specified in Section III, upon thirty (30) days advance written notice B. This Agreement may be terminated by either party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for 5 termination for cause may include but not be limited to: nonperformance; misuse of funds; and /or failure to provide grant related reports /invoices /statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. V. AMENDMENTS This Agreement may be amended only by written agreement of both parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written or verbal request by the City and written or verbal approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope VI. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and /or issues whatsoever occurring from actions by the City and /or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims brought against the County arising out of or incident to the City's execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. 6 VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. Any deductible or self insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self insured for any of the above insurance requirements, a written acknowledgement of self insurance is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER.OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IX. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for anyreason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 7 XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Morgan John, Project Manager, or a provided designee, King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104 -3855 If to the City: Rebecca Fox, Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: City KinE County Accepted for King County Executive BY (Title) Theresa Jennings, Director Department of Natural Resources and Parks For Ron Sims, King County Executive Date Date Pursuant to Pursuant to Ordinance No. 2003 -0462 Approved as to form: Approved as to form: City Attomey King County Prosecuting Attorney ea Date Date 8 WRR GRANT 2008 -2009 Scope of Work City of Tukwila A. Basic Information 1. City of Tukwila 2. City Optional Program, Waste Reduction and Recycling Program 3. Rebecca Fox, Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206- 431 -3683 (phone) 206 -431 -3665 (fax) rfox@ci.tukwila.wa.us 4. The City of Tukwila will work with consultants for residential and non residential assistance. We plan to use Olympic Environmental Resources to run our Special Recycling Events. 5. Budget: 2008: $39,323 2009: $39,322 Total Amount Requested: $78,645 for 2008 through 2009 including: Special Recycling Collection —$15, 000 (approximately $7, 500 to be spent in both 2008 and 2008) Non residential Recycling -$51, 645 (approximately $25, 322 to be spent in both 2008 and 2009, including $7, 425 local match totaling for CPG grant)) Food Waste Recycling Containers and Information -$12, 000 (approximately $6; 000 to be spent in both 2008 and 2009) Scope of Work 1. Task One: Special Recycling Collection Events a. Schedule One event each in Spring, 2008 and Spring, 2009 b. Program/Project Specifics 1) Project Activities Number of events Two Materials to be collected: Appliances Rf 1 1 2/28/2007 C:\Documents and Settings'johnm \Local Settings \Temporary Internet Files \OLK24\WRR Grant 2008 2009 10 31 07.doc Refrigerators and Freezers+ Ferrous Metals Non- ferrous Metals Tires+ Lead Acid Batteries Household Batteries Porcelain Toilets and Sinks+ Propane Tanks+ Cardboard Reusable Household Goods Textiles Used Motor Oil Used Motor Oil Filters Used Antifreeze Used Petroleum Based Products Electronic Equipment Computer Monitors+ TV Sets+ +User fees apply. The following educational materials will be distributed: Information on City Recycling Programs. Local Hazardous Waste Management Plan Educational Materials produced by King County Department of Natural Resources. Other materials as available /appropriate. Event promotion methods: Direct mail flyer to all Tukwila residents; Notice in "The Hazelnut" City newsletter, sent to all residents. Notice posted at Tukwila City Hall and on the Tukwila City website; Notice through the King County Solid Waste Division promotional activities (as available). Event staffing: Key personnel will include City staff, consultant staff, and volunteers. Experienced qualified individuals will fill the event greeter, education personnel, and traffic control personnel positions. 2) Budget: 15, 000 Portions of the events will be funded by the WRR grant; the remainder will come from LHWMP and City of Tukwila funds. The following is the total estimated two -year (2008 and 2009) WRR cost. Costs would be evenly distributed in each of the two events over two years: Rf 2 12/28/2007 C :\Documents and Settings\johnm\Local Settings \Temporary Internet Files \OLK24\WRR Grant 2008 2009 10 31 07.doc Management/Staffing /Admin $4, 150 Event Staff Costs $1, 600 Collection/Hauling Costs Wood Waste $1, 400 Scrap Metal, Appliances, etc. $2, 800 Tires $1, 100 Printing/Mailing $2, 050 Event Supplies 300 Other Expenses rentals. etc. $1.600 TOTALS $15, 000 *Hourly rates for consultant staff are as follows: Project Manager $70.00, Event Staff $55.00, and Administrative Staff- 540.00. E) Task Performance Objectives: The City plans to send out approximately 7,500 promotional flyers to Tukwila households per event and publicize the event through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 45 -60 tons of material from the local waste stream per year. After collection, materials will be diverted from the waste stream and processed for recycling. The event will also provide an opportunity to recycle moderate risk waste, although this will not be paid for with WRR funds. The King County Health Department, the City of Tukwila, and Washington State Department of Ecology will pay for event expenses as well. Allied may also participate in the Special Residential Collection Event by holding the collection events that have been specified in its contract with the City of Tukwila as part of the Special Residential Collection Event. If this is the case, the project budget will be adjusted accordingly. F) Task Impact Objectives: By hosting Recycling Collection Events, Tukwila can reduce the amount of recyclable material that goes to the local landfill. With a population of approximately 18, 000, the City of Tukwila expects, that 400 -600 households will actively participate each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 45 -60 tons of material diverted from the local waste stream for recycling per year. Rf 3 12/28/2007 C:\Documents and Settings \johnm\Local Settings \Temporary Internet Files \OLK24 \WRR Grant 2008 2009 10 31 07.doc This event is especially valuable in diverting materials from the waste stream since there is no mandatory /universal garbage service in Tukwila. In addition to diverting materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City and King County recycling programs. The educational materials are intended to reinforce residents' knowledge of solid waste practices, and to lead to desired behavior in purchase, handling, and disposal of recyclable materials. G) Evaluation: Number of vehicles attending Volume of each material collected Event cost by budget category Graphic or tabular comparison of 2008 and 2009 volumes and vehicles with prior year's events 2. Task Two: Non- Residential Recycling a. Project Manager: Rebecca Fox, Senior Planner b. Consultant The City of Tukwila will select a recycling consultant who will provide technical assistance services to businesses. c. Schedule First quarter, 2008 December 31, 2009 d. Goals Expand the number of businesses who reduce waste, recycle and purchase recycled products Improve the City of Tukwila in -house recycling program Develop a pilot recycling program at a City of Tukwila park site. Increase the program's visibility in the business community Increase awareness among businesses of the technical assistance which the City offers e. Program/Project Specifics 1) Program/Project Description Business Outreach/Technical Assistance The City of Tukwila will provide technical assistance to help businesses with recycling, waste prevention and purchase of recycled products either by e -mail, telephone, mail or on -site visits. When possible, we will furnish information about "sustainable" business practices and conserving additional resources used in typical business activities. We expect to generate requests for recycling assistance by including information about City sponsored recycling programs in business license mailings in 2008 and 2009. This will reach all 2000 firms who operate in Tukwila. We will also maintain Business Recycling information on the City of Tukwila website. A Tukwila staff member or Business Rf 4 12/28/2007 C: \Documents and Settings \johnm \Local Settings \Temporary Internet Files \OLK24 \WRR Grant 2008 2009 10 31 07.doc Recycling and Waste Prevention Specialist (consultant to the City of Tukwila) will respond to all requests for information and assistance. We will target property managers to initiate and maintain assistance in recycling, waste prevention, and procurement of recycled content products, as well as other resource conservation/sustainability messages. We plan to coordinate efforts with Allied Waste to encourage outreach resulting in increased business recycling. We expect Westfield Shoppingtown Center— Southcenter to be a special focus in 2008 -2009 as it completes its renovation and expansion, and begins to occupy the space. As time and resources pennit, we will undertake the following at City of Tukwila facilities: In -house Recycling: We will focus attention on improving recycling at the City of Tukwila facilities and assisting employees with in -house recycling programs. As appropriate, we may perfottn waste audits on City facilities, and make adjustments to in -house practices to provide more recycling options. Parks Recycling Pilot Program: We would like to purchase several recycling bins to establish a pilot recycling program at a Tukwila park. We will work with Parks and Recreation staff to develop procedures that minimize the amount of contamination in the recyclables and will enable Parks staff to collect recyclables efficiently. In addition to telephone, e -mail, mail or on -site assistance, and maintaining and updating our website P resence, we will continue our recognition program to highlight outstanding business recycling programs "Tukwila Green Works" and "Tukwila Business Recycler of the Year"). We will also provide informational materials promoting non residential recycling, including an e- newsletter, case studies, informational stickers, handout for use with janitorial companies We will provide information to targeted industries, about selected materials, or about the overall benefits of recycling/waste prevention. If other opportunities arise, we will take advantage of them by adjusting the workplan. We will provide timely, scheduled telephone follow -up for all businesses reached for technical assistance. We will assist businesses with recycling, waste prevention and purchasing of recycled content goods, and, by contacting companies directly with individualized infolination and by following up with them, we hope to prepare and motivate businesses to improve their solid waste behaviors. We will coordinate our technical assistance activities with the King County's Business Recycling. Program by working with any Tukwila business that has been referred by the County. As appropriate, we will make most efficient use of resources by participating in the County's industry- or topic specific campaigns or other initiatives. Rf 5 12/28/2007 C:\Documents and Settings \johnm \Local Settings \Temporary Internet Files \OLK24 \WRR Grant 2008 2009 10 31 07.doc Promotional and educational activities may also include general information on resource conservation. We anticipate that promoting resource conservation along with recycling /waste prevention and "buy recycled" messages will enable more businesses to benefit from our technical assistance services. We will update and distribute our "Business Recycling Guide" in 2008 and 2009. We will coordinate our promotion/education activities with the County as appropriate, including: use the County's program materials, and participate in Green Works promotional activities /advertising. inform County staff as appropriate of any workshops or recognition events. 2) Deliverables/Expected Outcomes Technical Assistance Contact (including on -site, mail, phone, other) at least 150 businesses. This may include individual Westfield Southcenter Mall tenants. Promotion/Education At least two editions "Tukwila Business Recycler" mailed to 2,000 businesses Tukwila via business license information to inform and generate requests for assistance from Tukwila businesses f. Evaluation Follow-up with selected h s 1 ted businesses to determine rmzne which assistance measures were the most helpful in changing recycling related behaviors If resources permit, we will contact haulers to gain infoilnation on recycling rates for specific businesses Evaluation data will also include: the number of businesses assisted type of assistance provided (mail, e -mail, on -site, other) a list of business names, addresses, contact persons, and telephone numbers (and other business data) for the businesses assisted; g. Budget The budget is shown for the entire grant period. For illustrative purposes, the expenditures are divided evenly between each grant year. 2008 -2009 Budget I Project 1 1 1 1 2008 2009 Total Task 2: Non- $25 822.50 $25, 822.50 $51, 645 Residential Rf 6 12/28/2007 C: \Documents and Settings \johnm\Local Settings \Temporary Internet Files \OLK24 \WRR Grant 2008 2009 10 31 07.doc I Program 1 Consultant 1 $19, 500 1 $19, 500* 1 $39 ,000 1 1 Staff/admin. 1 $822.50 1 $822.50 1 $1,645 1 Supplies/mails 1 $500 1 $500 1 $1, 000 Printing/ $3,000 $3,000 $6,000 Mailing Capital Costs $2,000 $2,000 $4,000 (Containers) Includes $7, 425 for local matching funds as required by CPG grant program Task Three: Residential Program Subtask 1.: Food Waste Program Promotion a. Project Manager Rebecca Fox b. Consultant We will select a consultant to develop promotional materials and to distribute in -home food waste containers to residents. c. Schedule Subtask 1: Food waste containers to be distributed in 2008 and/or 2009. d. Goal: Subtask l: Increase awareness of and participation in food waste and yardwaste recycling programs among (single family) Tukwila residents e. Program/Project Specifics 1) Background/History Vegetative food waste recycling is now offered to Tukwila residents who subscribe to yardwaste recycling. It is included in Allied Waste's contract with the C ity of Tukwila. Yardwaste collection is not part of the standard fee for solid waste (garbage and recycling) service, so Tukwila solid waste customers still must pay a separate fee to receive yardwaste service. We plan to offer the countertop food waste containers to residents who subscribe to yardwaste service. By providing the containers either for free or for a very minimal cost, we hope to educate people about the benefits of food waste recycling, and to encourage them to sign up for yardwaste collection service. Task Performance Objectives: Subtask 1: Over the grant period, the City will make approximately 300 to 500 plastic countertop food waste containers available to residents either at a specific sales event, at Special Recycling Collections, or through a "virtual" sale (i.e. by mail). The City will buy containers, subsidize the cost using WRR funding, and either give the containers to the residents for free or for a very reduced cost. We will work with Allied Rf 7 12/28/2007 C:\Documents and Settings \johnm \Local Settings \Temporary Internet Files \OLK24 \WRR Grant 2008- 2009 10 31 0.7.doc Waste to coordinate the "message" to residents, as well as the publicity, distribution and sign -ups for yard waste. The City will publicize the distribution event(s) through mailings to residents, the City website, and /or bill stuffers. If possible, Tukwila will partner with one or more neighboring jurisdictions to obtain the best purchase price and lower administrative Costs. The City will also prepare educational materials with a "food recycling/sustainability" focus, and distribute the information along with the containers. Objectives Subtask 1: Distribute approximately 300 to 500 countertop food waste containers to Tukwila residents f. Evaluation Subtask 1: Track number of food waste containers distributed to residents Track number, type of promotional /educational materials Sample survey of food waste container recipients to determine use levels and interest in food waste recycling Project 1 1 1 2008 1 2009 1 Total Task 3: Food $6, 000 $6, 000 $12, 000 Waste Container Info Program Consultant $1, 500 $1, 500 $3, 000 assistance Supplies/ 4, 000 $4, 000 $3, 000 materials Printing/ $500 $500 $1, 000 Mailing 1 1 Rf 8 12/28/2007 C:\Documents and Settings \johnm \Local Settings \Temporary Internet Files \OLK24 \WRR Grant 2008- 2009 10 31 07.doc Attachment C STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF TUKWILA Grant No: G0800340, Coordinated Prevention Grant Regular Cycle Agreement. This is a binding agreement entered into by and between the State of Washington Department of Ecology, hereinafter referred to as ECOLOGY, and City of Tukwila, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. JURISDICTION: City of Tukwila MAILING ADDRESS: 6300 Southcenter Boulevard CITY, STATE, ZIP: Tukwila, WA 98188 RECIPIENT GRANT COORDINATOR: Rebecca Fox TELEPHONE: (206) 431 -3683 FAX: (206) 431 -3665 E -MAIL: rfox @ci.tukwila.wa.us RECIPIENT BILLING/INVOICE COORDINATOR: Rebecca Fox TELEPHONE: (206) 431 -3683 FAX: (206) 431 -3665 E -MAIL: rfox @ci.tukwila.wa.us ECOLOGY GRANT OFFICER: Peter D. Christiansen TELEPHONE: (425) 649 -7076 FAX: (425) 649 -7098 E -MAIL: pehr461@ecy.wa.gov FUNDING SOURCE Local Toxics Control Account MAXIMUM ELIGIBLE COST 29,701 STATE GRANT SHARE 22,276 LOCAL SHARE 7,425 STATE MAXIMUM GRANT PERCENT 75 FEDERAL TAX IDENTIFICATION NO, 91 6001519 For the purpose of this agreement, the RECIPIENT will be allowed to match the state grant share with cash and interlocal in -kind costs in accordance with application instructions. This agreement is effective on January 1, 2008. Any work performed prior to the effective date of this agreement without prior written authorization and specified in the Scope of Work will be at the sole expense and risk of the RECIPIENT. This agreement shall expire no later than December 31, 2009. Grant No. G0800340 Coordinated Prevention Grant Regular Cycle Agreement with City of Tukwila REGULAR CYCLE SCOPE OF WORK The project(s) set forth below summarize the RECIPIENT's budget(s) tracked by category, goals and expected outcomes, activities with timeline, method of evaluation, and estimated project cost.* The estimated project cost is for grant officer information only; it will not be used for budget tracking purposes. Recipient Responsibilities: The RECIPIENT is responsible for implementing activities identified in the local Comprehensive Solid Waste Management Plan and the Hazardous Waste Management Plan. A. CATEGORY: Waste Reduction and Recycling TOTAL CATEGORY COST CPG -BASE: 29,701.33 1. PROJECT TITLE: Business Recycling and Waste Reduction Assistance and Outreach g Summary Description: This program will provide local businesses with information about the benefits of recycling, waste prevention, recycled- content products and resource conservation. It will also assist businesses in adopting new recycling and resource conservation practices. Property managers will be a special focus. The RECIPIENT will provide assistance and information via e -mail, telephone, mail or on -site visits. Goal Statement: The goal of this project is to provide targeted waste prevention, recycling and resource conservation education, assistance and promotion services in order to ultimately increase local business recycling and participation. Outcome Statement: The RECIPIENT will contact at least 150 businesses by mail, phone, in- person, or by other methods as necessary. Of the businesses contacted, at least eight businesses will adopt paper recycling. Approximately 20 additional businesses will start a recycling program or improve an existing program. Work Plan and Activities with Timeline: Activity 1 Timeline 1 1.Publications— create email newsletter, paper newsletter and/or Ongoing —as needed paper postcard to send to Tukwila businesses 2.Business Outreach and Technical Assistance, especially targeting Ongoing property managers, their tenants and businesses directly 3.On -call Technical Assistance to firms who contact the City of Ongoing Tukwila with questions, requests for information and/or assistance 4.Container and Sign Incentive Program— Provide stickers describing Ongoing what can and cannot be recycled, as well as a limited number of recycled plastic desk -side and common area containers 5.Coordinate with Tukwila's contractual garbage hauler and /or other Ongoing recyclers to promote recycling services, and ensure good service 6.Program Promotion, including update website, "Tukwila Business Dec. 2008 2009 Recycler of the Year" 7.Evaluation via e -mail or phone contact with selected businesses 1 Dec.2008 2009 1 1 8.Yearly Report 1 Dec. 2008 2009 1 Page 2 of 7 Grant No. G0800340 Coordinated Prevention Grant Regular Cycle Agreement with City of Tukwila Method of Evaluation: The RECIPIENT will carry out a phone or e -mail survey of approximately 50 selected businesses, asking them about their recycling/ waste reduction/resource conservation practices prior to, and after receiving assistance to see if they change any behavior or adopted a new practice. Estimated Project Cost: 29, 891 COMMUNICATION ECOLOGY's regional grant officer will contact the RECIPIENT grant coordinator as needed to monitor progress toward goals and check consistency with Work Plans and Timelines. It is the responsibility of the RECIPIENT to contact his or her grant officer with any other questions or concerns regarding the grant. Grant officers are available to provide technical assistance at any time during the grant cycle. BILLING AND REPORTING A payment request consists of Forms A -19, B2, C2 and a progress report. Unless stated otherwise in this agreement, the RECIPIENT must submit a payment request (with a progress report) at least quarterly, but no more often than once per month. The RECIPIENT has elected to budget by category and therefore shall itemize by category element on the B2 and C2 forms and as laid out in the following CPG Budget Table. Itemized costs in payment requests must be by category. The RECIPIENT has elected to submit all supporting documentation as back -up with each payment request. The RECIPIENT must also keep record of supporting documents in accordance with the requirements outlined in the most recent revision of Administrative Reauirements for Recipients of Eco1oBv Grants and Loans and make these documents available to ECOLOGY staff upon request. The RECIPIENT must also complete a Final Performance Analysis (FPA) form online through the Information Clearinghouse. The FPA must be submitted before ECOLOGY can process your final payment request. The final payment request and the FPA are due no later than February 15, 2010 for Regular Cycle grants. REGULAR CYCLE CPG BUDGET CATEGORY TOTAL CATEGORY COST: CPG BASE (174/117) A. WASTE REDUCTION AND RECYCLING 5 29,701 TOTAL MAXIMUM ELIGIBLE COST 5 29,701 Page 3 of 7 Grant No. G0800340 Coordinated Prevention Grant Regular Cycle Agreement with City of Tukwila FUND SOURCE: CPG BASE (174/I17) MAXIMUM ELIGIBLE COST: 29,701 FUND GRANT PERCENT STATE GRANT SHARE Local Toxics Control Account (LTCA) 75 22,276 MATCH REQUIREMENT MATCH PERCENT LOCAL SHARE Cash Match 25 $.7,425 ADDITIONAL BUDGET CONDITIONS 1. Overhead is eligible; the RECIPIENT may charge 25 percent of salaries and benefits for time devoted specifically to projects outlined in this agreement. 2. The RECIPIENT contact for billing and invoice questions is: RECIPIENT BILLING/1NVOICE COORDINATOR: Rebecca Fox TELEPHONE: (206) 431 -3683 FAX: (206) 431 -3665 E -MAIL: rfox @ci.tukwila.wa.us 3. Grant payments should be made payable to: City of Tukwila 4. Grant payments should be mailed to this address: JURISDICTION: City of Tukwila ATTN: Rebecca Fox MAILING ADDRESS: 6300 Southcenter Boulevard CITY, STATE, ZIP: Tukwila, WA 98188 SPECIAL TERMS AND CONDITIONS A. INTERLOCAL AGREEMENTS If parties other than the RECIPIENT are contributing to the local share of project costs memoranda of understanding or other written agreements confirming the contribution must be negotiated. These agreements must specify the exact work to be accomplished and be signed by all parties contributing to the local match of this project. Copies of these agreements shall be submitted to ECOLOGY. Page4of7 Grant No. G0800340 Coordinated Prevention Grant Regular Cycle Agreement with City of Tukwila B. PROCUREMENT AND CONTRACTS 1. The RECIPIENT shall follow their standard procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS with no formal procurement procedures must comply with the "Standards for Competitive Solicitation found in the most recent revision of Administrative Reauirements for Ecology Grants and Loans. 2. Following execution, at the request of ECOLOGY, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY. 3. The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used contracts entered into prior to the execution of the grant agreement for performance of grant funded activities. C. SEPA COMPLIANCE To ensure that environmental values are considered by the state and local government officials when making decisions, the RECIPIENT shall comply with the provisions of the State Environmental Policy Act (SEPA), Chapter 41.23C RCW, and the SEPA Rules, Chapter 197 -11 WAC. Copies of the SEPA documents shall be sent to: ECOLOGY's Environmental Review and Transportation Section P.O. Box 47703 Olympia, WA 98504 -7703 D. WETLANDS PROTECTION To comply with the directive of Executive Order 90 -04, Protection of Wetlands, all local governments are requested and encouraged to make all of their actions consistent with the intent of this executive order; specifically, (1) to avoid, to the extent possible, adverse impacts associated with the destruction or modification of wetlands, and (2) to avoid direct or indirect support of new construction in wetlands wherever there is a practical alternative. E. FAILURE TO COMMENCE WORK ECOLOGY reserves that right to terminate this agreement in the event the RECIPIENT fails to commence work on any of the projects funded herein within six (6) months after the effective date. F. PROJECT INCOME Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as required by ECOLOGY's Administrative Requirements for Ecology Grants and Loans. G. GRANT REPORTING 1. The RECIPIENT, in conjunction with submission of payment requests, or at the request of the grant officer, shall prepare Progress Reports and submit them to ECOLOGY. The RECIPIENT must also complete and submit a Final Performance Analysis (FPA). Page 5 of 7 Grant No. G0800340 Coordinated Prevention Grant Regular Cycle Agreement with City of Tukwila 2. The RECIPIENT must submit all backup documentation paperwork along with each payment request or maintain all backup documentation in an accessible location and be subject to biennial documentation check visits by Ecology grant officers. H. PROMOTIONAL AND EDUCATIONAL MATERIALS A copy of all promotional and educational materials developed as part of this agreement shall be submitted electronically to ECOLOGY concurrent with public distribution. ECOLOGY shall have the right to use any printed materials developed as part of this agreement in any manner ECOLOGY deems appropriate. The Washington State Department of Ecology will be acknowledged for providing funding in all published material and oral presentations that result from this agreement. AMENDMENTS AND MODIFICATIONS No subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement; except a letter of amendment will suffice to redistribute the budget without increasing the total maximum eligible cost or to change ECOLOGY's grant officer or the RECIPIENT's grant coordinator or to extend the period of performance as set forth in this grant agreement. J. MINORITY AND WOMEN'S BUSINESS PARTICIPATION (It is not mandatory for the RECIPIENT to abide by Part J of the Special Terms and Conditions; however, it is highly encouraged.) The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize ECOLOGY's goals for minority- and women -owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10% MBE 6 %WBE Architecture/Engineering 10% MBE 6 %WBE Purchased Goods 8% MBE 4 %WBE Purchased Services 10% MBE 4 %WBE Professional Services 10% MBE 4 %WBE No contract award or rejection shall be made based on achievement or non achievement of the goals. Achievement of these goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications may take the following affirmative steps in any procurement initiated after the effective date of this agreement: 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller projects or quantities to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. Page 6 of 7 Grant No. G0800340 Coordinated Prevention Grant Regular Cycle Agreement with City of Tukwila 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT may report to ECOLOGY payments made to qualified firms at the time of submitting each invoice and on forms provided by ECOLOGY; the information should include: Name and State OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub -and/or sub subcontractors. The total dollar amount paid to qualified firms under this invoice. K. ALL WRITINGS CONTAINED HEREIN This agreement, the "General Terms and Conditions and ECOLOGY's Administrative Reauirements for Ecoloav Grants and Loans. contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement: STATE OF WASHINGTON CITY OF TUKWILA DEPARTMENT OF ECOLOGY Laurie Davies Date Date Program Manager Solid Waste and Financial Assistance Print Name of Authorized Official APPROVED AS TO FORM ONLY Assistant Attorney General f itle Page7of7 Utilities Committee Minutes February 4, 2008 Page 2 The City will enter into an agreement with Tellink LTD in the amount of $16,000, to conduct a needs analysis, system audit, network infrastructure assessment and equipment identification for the a new citywide telephone system. The funds will be taken from the 303 Fund. Council approval for the contract is not required since the contract is less than $25,000. INFORMATION ONLY. D. Southcenter Boulevard Water Main Chanee Order No. 2 Budeet Shortfall Staff is seeking full Council approval to utilize the ending Water Fund budget to pay for a project overrun in the Southcenter Boulevard Water Main Replacement Project. Two reasons were identified for the over budget amount: 1. the design of the project was not communicated in the best possible clear and definitive terms from the City to the contractor; and 2. inflation due to rising materials costs. The project contractor, R.L. Alia, overran the stated contract time by approximately 100 days. They could possibly prove that the extended time was due to reason number one as stated above. In response to assessed liquidated damages by the City and contractor expression of a potential lawsuit, staff negotiated a settlement with the contractor rather than induce a lawsuit. The negotiation was to pay the contractor for direct expenditures for labor and material as related to unclear terms of the project design. The contractor's original claim started much higher than negotiated. The project exceeded the budgeted amount by $45,000. The over budget amount will be taken from the ending Water Fund balance. The Water Fund balance will experience a cost saving of approximately $110,000 as a result of an interlocal agreement with King County Metro in the Interurban Water Reuse project. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 11 COW FOR DISCUSSSION. Ni E. Recycling Program Funds S taff is seeki fu ll Grant Council approval for the Mayor to sign and enter into interlocal agreements with the King County Solid Waste Division and the Washington Depaitment of Ecology for grant funding during 2008 -2009 for the Tukwila Recycling Assistance Program. The City is able to maintain and run the Tukwila Recycling Assistance Program through this grant funding which cycles every two years. Monies are received through the Waste Reduction/Recycli Grant (administered by King County) and the Coordinated Prevention Grant (administered by Washington Depattnient of Ecology). The Tukwila Recycling Assistance Recycling Program began in the 1990's and is not supported by the City's General Fund or subscriber based fees; the program is based solely on grant funding. The Program includes residential as well as business based recycling opportunities and other special collection events. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 11 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:56 p.m. Next meeting: Wednesday, February 19, 2008 5:00 p.m. Conference Room No. 1. V i a Committee Chair Approval Mi,.Tites b• KAM. Reviewed by BG. COUNCIL AGENDA SYNOPSIS ALA. Initia /s ITEM NO. 41.01e l tlleeting Date J Prepa, i1 )by 1 Mayors eriew J Council review t ON: 02/11/08 1 02/19/08 1 JP I I V 1 I 1 1 ITEM INFORMATION CAS NUMBER: 08-019 I ORIGINAL AGENDA DA I L: FEBRUARY 11, 2008 AGENDA ITEM T1TLE A resolution regarding the Growth and Transportation Efficiency Center [GTEC] for the City of Tukwila CA 1 EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Nltg Date 2/11/08 lbltg Date 11I Date 2/19/08 Mtg Date 11/tg Date illtg Date lbltg Date SPONSOR Council Ma_y'or Adm Svcs DCD Finance Fire Legal P &R Police Pik SPONSOR'S Adopt a Resolution designating the Growth and Transportation Efficiency Center [GTEC] SUMMARY for Tukwila Urban Center [TUC]. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 1/29/08 RECOMMENDATIONS: SPONSOR /ADMIN. Recommend adoption of GTEC Resolution. COMSIrrrEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $none Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 2/11/08 1 MTG. DATE ATTACHMENTS 2/11/08 1 Informational Memorandum dated 1/30/08 Letter from State CTR Board Tukwila GTEC Program Resolution in draft form Minutes from the Transportation Committee meeting of 1/29/08 1 1 INFORMATION MEMO To: Council Members and yor Haggerton From: Jack Pace, DCD Directo Date: January 30, 2008 Subject: City of Tukwila. Tukwila Urban Center. Growth and Transportation Efficiency Center Designation ISSUE Should the City designate Tukwila Urban Center, Growth and Transportation Efficiency Center (GTEC)? BACKGROUND The goal of the GTEC program is to reduce single- occupancy vehicle trips and vehicle miles traveled in regional urban centers as designated by PSRC. The City of Tukwila's GTEC's boundaries approximate the boundaries of the Tukwila Urban Center. Staff prepared the Tukwila Urban Center, Growth and Transportation Efficiency Center (GTEC) Program with assistance from Perteet, Inc. and paid for with planning funds from WSDOT. The GTEC Program was submitted to PSRC and the State Commute Trip Reduction (C 1'R) Board in October 2007. The GTEC Program was certified by State C 1'R Board in November 2007. DISCUSSION The GTEC Program competed with 14 GTEC programs from jurisdictions around the state; 7 GTEC Plans were funded in this round. In the current funding cycle, the City did not receive state implementation funds. The state has offered technical support if the City designates the GTEC by resolution. Below is a summary of the Draft GTEC Program. It: focuses on employers within the Tukwila Urban Center (TUC) as well as future multi family housing units. proposes a more aggressive approach to reducing drive alone commute trips and VMT by expanding the base CTR program to employers and residents currently not affected by Tukwila CTR Program assumes a 10% reduction in SOV and VMT within TUC by 2011 supports Local CTR Plan mandated by state CTR Efficiency Act of 2006 2007 CTR Survey data for affected Tukwila employers shows Tukwila Single Occupancy Vehicle (SOV) Rate is 78% and Vehicle Miles Traveled (VMT) is 15.1 daily The State CTR Board recommended that Tukwila move forward on the Tukwila GTEC Program and designate the G'1'EC by February 28, 2008. ml Page 1 02/06/2008 C:\Documents and Settings\Maggie\My Documents \Council and Committees 2008 \COW Packets \TC Memo GTEC Plan_1- 29.doc STRATEGIES FOR LVIPLEMENTING THE GTEC PROGRAM INCLUDE Adopt "Walk and Roll" Plan as element of GTEC Adopt TUC Plan including the GTEC Program as program element Survey transportation patterns of all the employees within the GTEC by WSDOT, if the GTEC Program is designated by City Strengthen relationship with King County Metro in order to collaborate within TUC The City of Tukwila works closely with other local agencies to implement and promote trip reduction including King County, the cities of Seattle, Renton, Kent, SeaTac and Federal Way, the Washington State Depaittiient of Transportation, the Puget Sound Regional Council, Sound Transit and others. Support for the Tukwila GTEC is provided by Sound Transit and King County Metro. Adoption of resolution supporting the GTEC in the Tukwila Urban Center allows for obtaining technical assistance from WSDOT. RECOMMENDATION Designate the GTEC by Resolution to take advantage of technical support from State WSDOT. Attachments: GTEC Resolution Tukwila Urban Center Growth and Transportation Efficiency (GTEC) Program Letter from Washington State Commute Trip Reduction Board ML Page 2 02/06/2008 C:\Documents and Settings\Maggie\My Documents \Council and Committees 2008 \COW Packets \TC Memo GTEC Plan_1- 29.doc Washington State Commute Trip Reduction Board Brian Lagerberg, Chair October 25, 2007 Washington State Dept. of Transportation Ted Horobiowski, City of Tukwila Ngindo Vice -Chair .1ltttit?> DF? Avista Utilities Department of Community Development Maggi Lubov Oa .1 t 130 Linda Ballew 6300 Southcenter Blvd., Suite 100 Greater Redmond TMA g ;z Tukwila, WA 98188 I>; a -3 i Kim Becklund City of Bellevue Re: 2007 -2009 Growth and Transportation Efficiency Center (GTEC) funding Aurora J. Crooks Spokane County Dear Ms. Lubov, Matt Hansen King County Metro The CTR Board would like to thank you for submitting your GTEC Plan for state funding consideration. We appreciate the significant effort and local investment that Michael Harbour went into crafting your plan. Intercity Transit Charlie Howard We were very pleased to have received 14 GTEC plans. WSDOT staff and the CTR Puget Sound Regional Board reviewed and scored the proposals in accordance with the established criteria. Council Unfortunately, your proposal was not selected for funding during this biennium. Peter Hurley Citizen Representative It's important that we support all efforts to strengthen trip reduction programs in this Joyce Philips state. The CTR Board would like to work closely with you to find ways to strengthen Washington State Dept. of your plan and assist you to prepare for the next funding cycle. Community, Trade and Economic Development We strongly encourage you to continue moving forward with your GTEC plan, Matt Ransom particularly those transportation and land use policy elements that will increase trip City of Vancouver reduction success. Should you decide to designate your GTEC and continue Robin Rettew implementing your plan, WSDOT has committed to providing ongoing technical and Office of the Governor measurement support to all certified GI'ECs, regardless of state funding status. William T. Roach Citizen Representative If you have any questions or would like feedback from WSDOT staff regarding your plan, please contact Casey Kanzler at 360- 705 -7874. Again, thank you for submitting Page Scott your GTEC plan. Yakima Valley Conference of Governments Re ar Marilyn Young Skogland Duwamish Manufacturing Industrial Council Brian Lagerberg Chair, CTR Board Washington State Department of Transportation 310 Maple Park Avenue SE PO Box 47387 Olympia, WA 98507 -7387 t (360)705 -7846 f (360)705 -6862 CITY OF TUKWILA TUKWILA URBAN CENTER GROWTH AND TRANSPORTATION EFFICIENCY CENTER PROGRAM 75-4= lam- r 'g- i k s �i r g am _-+`'nom,_ ti g i it ---r_ tcr ter t d 9a TcneoV,y( 'Q 1.-: ..0.1-_-_,; [xetrstwn Wes -per Psdutrmn 'NC Core _R.O W L opens Acres; F t R Trecks j June 2007 I. EXECUTIVE SUMMARY 1 II. BACKGROUND INFORMATION 4 III. GOAL SETTING AND PERFORMANCE MEASURES 31 IV. PROGRAM STRATEGIES 33 V. FINANCIAL PLAN 38 VI. ORGANIZATION STRUCTURE 43 VIII. RELATIONSHIP TO LOCAL CTR PLAN 47 List of Appendices A. Boundaries of Tukwila Urban Center B. Comprehensive Plan Map of Tukwila Urban Center C. Zoning Map of Tukwila Urban Center D. Transit Routes and Stops in Tukwila Urban Center E. Letters of Support Sound Transit and King County Metro Since 1991, the City of Tukwila has participated in the Washington State Commute Trip Reduction program. As part of this program, the City has worked with major employers to reduce drive alone trips and vehicle miles traveled. Under the Washington State CTR Efficiency Act, the City of Tukwila was given the option of developing a Growth and Transportation Efficiency Center (GTEC) program. The GTEC program is a voluntary program designed to encourage cities to expand CTR efforts to additional employers and residential groups within a defined area. The City of Tukwila has proposed to develop a Growth and Transportation Efficiency Center The TUC has been designated as a regional (GTEC) growth for the Tukwila Urban Center (TUC). g g g center by the Puget Sound Regional Council. The center is made up of retail, commercial and light industrial /warehouse uses. Though housing is planned within the TUC for the future, there is currently only one single family home within the TUC. However, a large number of multi family units are situated nearby just north of the center across Interstate 405. The GTEC program is a collection of City- adopted goals and policies, facility and service improvements and marketing strategies that are designed to help the City make progress for reducing drive alone trips and vehicle miles traveled for the GTEC over the next six years. The program also specifies a financial plan and organizational structure for implementing the program strategies and services. Building upon the success of the existing commute trip reduction (CTR) program, the City strives to meet the goals of the plan for the future by working in partnership and coordination with other agencies. The GTEC program has been developed through extensive involvement by employers, organizations, and individuals from throughout the City who helped identify strategies for successful achievement of the goals. This plan helps to support the achievement of the City's overall CTR plan. Agency: City of Tukwila Department: Department of Community Development Contact Person Maggi Lubov, CTR Coordinator (Person Jaimie Reavis, Assistant Planner Preparing Plan): Address 1: 6300 Southcenter Blvd., Suite 100 Jurisdiction: Tukwila, WA 98188 Phone 206 433 -7142 Fax 1 206 431 -3665 EXPO i IV Email Address: mlubov anci.tukwila.waus jreavis@ci.tukwilawa.us A. Vision of the GTEC and how it relates to the base CTR program: The vision of the TUC GTEC program, which echoes the goals of the City's Comprehensive Plan, is based on two primary objectives: Bolster the TUC's market position as a regional shopping center by creating an attractive central destination offering housing, shopping, entertainment and recreation. Connect dispersed retail activities, and provide a convenient, walkable, enjoyable and varied shopping environment. Use the planned commuter rail station, Tukwila Transit Center and other transportation investments as a catalyst to shift development patterns, provide amenities, and create a true center and focal point for the community. The Plan provides guidance for restructuring and transforming the TUC from an area of dispersed, unconnected, and auto dominated land use pattern, with little distinguished design, hidden amenities and no real center, to a center that is organized, connected, and where appropriate, pedestrian- oriented, and which is well- designed around its amenities. The components of the plan's vision are summarized below. Change is expected to be evolutionary, driven by market forces, catalyst public projects, and the guidance of new development regulations. B. GTEC program goals and targets: The goal of the GTEC program is to reduce drive alone trips by 10% and vehicle miles traveled by 13% among affected and unaffected CTR work sites. C. GTEC target population: The TUC GTEC program will focus primarily on commuters who travel to the TUC. However, as multi family develops in the area, the program will be expanded to residential groups. There is a strong market for increasing transit and ridesharing programs among the following groups: Major Employers Unaffected Employers Westfield Shopping Mall Multi- family Residential Sites GTEC A;pplic ton for Certification Page D. Proposed GTEC program strategies: To achieve the goals of the GTEC program, the City has developed a set of strategies that are designed to help the City make progress towards reducing drive alone trips and vehicle miles traveled over the next six years. The strategies are a combination of policies, regulations, services, facilities, marketing and incentive programs. The strategies include, but are not limited to: Development of Transportation Management Association or a coordinated program to administer CTR programs Area -wide Flexpass Vanpool Program Area -wide marketing and promotions Parking management Construction of the Tukwila Transit (bus) Center Construction of the Sounder Commuter Station Enhanced transit services for the Tukwila Urban Center Bicycle and Sidewalk Improvements Intensify land uses and group transit supportive uses in the TUC E. Key funding and service partnerships: Funding for the GTEC is planned to come from a variety of sources. In order for the GTEC program to be successful, it must be done in partnership with other agencies. The City is expected to be the lead for the GTEC program and work with other partners to fund different aspects of the GTEC program. Partners for the GTEC include, but are not limited to: WSDOT GTEC funding City of Tukwila King County Metro Transit Sound Transit Major Employers As part of the requirements for developing a GTEC program, the City conducted an assessment of existing and future conditions in the Tukwila Urban Center. To prepare the assessment, the City referred to existing plans and documents. Information that was used included the following documents: A. Sources of Information Information 1 Date Published 1 City of Tukwila Comprehensive Plan I January 2002 1 Puget Sound Regional Council Regional Growth 2002 Centers Report Tukwila Urban Center Subarea Plan Planned Action 2007 Draft EIS Draft Tukwila Urban Center Study 2020 Traffic April 27, 2004 Forecasts and Recommendations prepared by Mirai and Associates 1 Tukwila Transit Plan prepared by Perteet Inc. 1 April 2005 1 B. Background Information In the past 40 years, the Tukwila Urban Center has evolved from farms, dairies, and nurseries into a major retail shopping and employment center. The 840 -acre center provides over 21,000 jobs, over 3.5 million square feet of retail space, 1,200 hotel rooms, and 5.6 million square feet of warehousing and distribution services. The heart of the regional growth center is Southcenter Mall, built in 1968. The mall contains some 170 stores and vendors, and draws 20 million annual shoppers. Roadways serving the center include Southcenter Parkway, Andover Park West, Andover Park East, Strander Boulevard, and Minkler Boulevard. While the center has seen plenty of commercial, retail, and light industrial growth, it has yet to experience significant residential development. Currently, there is only one residential dwelling unit within the TUC. However, there is a large area of multi family housing located across 1- 405 from the TUC, near City Hall. The City of Tukwila is planning for a dramatic metamorphosis in its urban center. Whereas the center now has virtually no housing, and is dominated by large blocks, the Southcenter Shopping Mall, and other large retail development, the city's plan shows a different future. The plan encourages a broader mix of uses, establishes specific pedestrian oriented areas, links open spaces, amenities, and activity areas, improves internal circulation, reduces congestion, and promotes transportation alternatives. The City's plan includes an urban center redevelopment strategy that has the transition of the TUC from a suburban center to an urban growth center as its goal. The strategy includes prioritized city CIP investments to support planned development, and financial incentives for private investment in the center. The plan will break up the existing mega blocks to relieve congestion, create smaller, more pedestrian friendly blocks, and provide improved internal traffic flow. The plan will build connections between the TUC and Sound Transit's commuter and Tight rail stations, and create a bus transit center. In addition, the city is considering changes to its parking regulations as the availability of other transportation modes increases. 1. Description of the geographic boundaries The Tukwila Urban Center (TUC) is approximately 1,000 acres in area. It is generally bounded by Interstate 405 on the north, Interstate 5 on the west, the City's boundary with the City of Renton on the east, and it extends one lot deep south of South 180th Street. The City of Sea Tac is located to the west of 1 -5, and the Cities of Seattle and Renton are located to the north and east. The Tukwila Urban Center is located in the southern portion of the City. To the north are several residential neighborhoods and the City's Manufacturing /Industrial Center. The Tukwila Urban Center is separated from these neighborhoods by freeways, topography and the Green River. 2. Documentation that the GTEC is located within the City's urban growth area Tukwila's Comprehensive Plan, adopted in 1995, identifies the Tukwila Urban Center as an Urban Center, according to criteria developed for regional growth centers by the PSRC. The Puget Sound Regional Council recognizes Tukwila Urban Center as one of the 21 designated Regional Growth Centers in the central Puget Sound region. Regional Growth Centers within the Puget Sound region are areas in which jurisdictions intend to focus employment, housing and population growth. 3. Vision for the GTEC The vision of the Tukwila Urban Center GTEC program, which echoes the goals of the City's Comprehensive Plan, is based on two primary objectives: Bolster the TUC's market position as a regional shopping center by creating an attractive central destination offering shopping, entertainment and recreation. Achieve this by connecting dispersed retail activities, and provide a convenient, walkable, enjoyable and varied shopping environment. Use the planned commuter rail station and other transportation investments as a catalyst to shift development patterns, provide amenities, and create a true center and focal point for the community and the region. The Plan provides guidance for restructuring and transforming the TUC from an area of dispersed, unconnected, and auto dominated land use pattern, with hidden amenities and no real center, to a center that is organized, connected, and pedestrian oriented, and which is well- designed around it's amenities. The components of the plan's vision are summarized below. Change is expected to be evolutionary, driven by market forces, catalyst public projects, and the guidance of new development regulations. C. Evaluation of Land Use and Transportation Context 1. Existing population and employment 1 2000 1 Population 3 1 Employment 21,650 1 Development in the Tukwila Regional Growth Center has focused almost exclusively on retail, commercial, office, and light industrial use, with negligible residential development to date. On the other hand the center has a significant employment base. As of 2003 there were 21,650 jobs in the regional growth center. The comparison of percentage of total employment by sector is as follows: Percentage Manuf WCTU Retail FIRES Gov of Total Employment Year 2000 1 26% 1 17% 1 24% 1 29% 4% In 2000 the center had just over 25 jobs per gross acre, comparing favorably with the Regional Council's guideline for regional growth centers as contained in VISION 2020: 25 jobs per gross acre. In addition, the Tukwila regional growth center has more than achieved the VISION 2020 guideline for total jobs in a regional growth center, with 21,650 jobs as compared with the guideline of 15,000 total jobs. The center is clearly achieving the type of employment base that is envisioned in the regional plan. And while the Tukwila Regional Growth Center has virtually no residents, the city's comprehensive plan calls for the center to have concentrated high density multi family development, within walking distance of the future Sounder Commuter Rail Station and the Tukwila Transit (bus) Center. 2. Existing Land Use Conditions The TUC is further distinguished by its function and mix of intensive land uses. Since the 1960's, the TUC has evolved from an agricultural and horticultural district into a major regional shopping and employment center. The area is currently developed with approximately 6.2 million square feet of retail, commercial, office, warehousing, distribution and industrial uses. The TUC is dominated by retail development (4.1 million square feet), followed by office /business park uses (1.2 million square feet), and close to 1 million square feet combined of warehouse /distribution and Source: Tukwila Urban Center Draft Environmental Impact Statement 2 Year 2003 PSRC Household and Employment Forecasts manufacturing. Land use patterns are suburban and generally large in scale, and most of the TUC is covered with impervious surfaces. Currently, the City's zoning map applies a single zoning classification to the entire TUC; virtually all uses are permitted anywhere, subject to basic requirements for height, setbacks, parking, and similar aspects of development. In some cases land uses have tended to congregate near one another e.g., warehousing and distribution in the southern portion of the TUC. However, the prevailing pattern is a scattering of uses throughout the TUC. Subareas within the TUC are disconnected functionally and visually. Retail uses are generally located in the northern approximate one -third of the subarea, along the entire western side, and in the southeast. The TUC contains the Puget Sound region's largest shopping center (Westfield Southcenter Mall), as well as numerous freestanding "big box" retail facilities and auto oriented shopping centers. Areas of office /business park, industrial and warehouse and distribution facilities occupy the central, eastern and southern portions of the subarea. There is almost no housing in the TUC at present. While there are numerous retail destinations there is no real center or "core" to the subarea. There is relatively little vacant developable land remaining in the TUC overall. Most land use change, therefore, will result from redevelopment of existing land and buildings. However, there are several key undeveloped parcels and /or vacant buildings located in strategic locations that are considered vulnerable to change. Redevelopment of these parcels will help spur the change desired in the TUC. In the TUC today, there are relatively few green spaces, little significant landscaping, and only limited visual relief from the TUC's concentration of urban development and concrete. Major open space, recreational areas and natural features of the TUC include the Green River, Christensen trail and park, Tukwila Pond and park, and Minkler Pond. These areas are largely invisible from most vantage points in the TUC. Land uses and site design are generally auto oriented in nature, with large buildings separated from the street by extensive surface parking lots. Large- footprint industrial and business park buildings are also present in many portions of the area, described further below. The street system is built around super blocks, defined by a few major arterials. The large blocks, long distances between activity areas, pedestrian system and lack of pedestrian amenities make walking a relatively unattractive option for circulation. The overall pattern is generally land intensive, sprawling and suburban in character; most buildings are 1 or 2 stories, only a few are taller than 3 stories. 3. Existing Transportation Network Regional Access Located at the crossroads of 1 -5 and 1 -405, the Tukwila Urban Center has excellent access to the region's freeways system. Interchanges on both major interstate a a- highways provide convenient access to the TUC. There are three entry points to the TUC from the interstates and only one exit, which is to 1 -405 northbound. 1 -5 access to the TUC is provided at South 154th Street/ Southcenter Boulevard for trips destined to or from north 1 -5, and at Klickitat Drive /Southcenter Parkway for trips destined to south 1 -5. Additional access from south of the TUC is provided at the South 188th Street Interchange, following Military Road and South 178th Street or Orillia Road. From the west, SR 518 becomes 1 -405, just east of the 1 -5 interchange, connecting Burien and SeaTac Airport with Tukwila. Eastbound /Northbound drivers on I- 405 /SR 518 can enter the TUC at the Interurban Avenue/West Valley Highway interchange. Drivers leaving the TUC to travel northbound on 1 -405 can use an on -ramp from the Tukwila Parkway. Southbound drivers on 1 -405 can access the TUC from the Interurban Avenue/West Valley Highway interchange, as well as from an off -ramp at Southcenter Boulevard. 1 -405 HOV lanes extend from 1 -5 in Tukwila, north to the 1 -5 interchange in Lynnwood. 1 -5 HOV lanes extend north from Tukwila to the express lanes in downtown Seattle and south from Tukwila to the Federal Way area. SeaTac Regional Growth Center, Tukwila is the closest regional Next to the Se growth 9 9 9 center to Seattle- Tacoma International Airport, providing Tukwila with excellent access to the region's primary commercial aviation facility. Street Network Tukwila's Urban Center is served by a network of arterial, collector and access streets that provide local access and circulation within the City (Figure 1), including ten entry and exit points to the TUC: 61st Avenue South at 1 -405 Andover Park West at South 180th Street 1 -405 on -ramp Tukwila Parkway Southcenter Parkway at S 180th Street 66th Avenue South at 1 -405 South 178th Street at Southcenter Parkway Strander Boulevard at Green River 1 -5 off -ramp at Southcenter Parkway South 180th Street at Green River Klickitat Drive at 1 -5 The following streets are classified as north /south arterials: West Valley Highway (SR 181): South 180th to 1 -405 (principal arterial) Southcenter Parkway: South 180th to Tukwila Parkway (minor arterial) Andover Park East: South 180th to Tukwila Parkway (minor arterial) Andover Park West: South 180th to Tukwila Parkway (minor arterial) 61st Avenue S (bridge): Southcenter Boulevard to Tukwila Parkway The following streets are classified as east/west arterials: South 180th Street: Southcenter Parkway to Tukwila /Renton city limits (minor arterial) Minkler Boulevard: Andover Park West to Andover Park East (collector arterial) Strander Boulevard: Southcenter Parkway to West Valley Highway (minor arterial) Baker Boulevard: Andover Park West to Andover Park East (collector arterial) Tukwila Parkway: Southcenter Parkway to 66th Avenue South (minor arterial) Klickitat Drive: Interstate 5 to Southcenter Parkway (minor arterial) Many of these roadways are 4 to 7 -lane arterials that carry high volumes of passenger vehicles as well as heavy truck traffic to and from the center. The center contains a modest internal street grid. The TUC has signals at various intersections. Figure 2 shows the locations of signalized and unsignalized intersections. The TUC has heavy volumes of traffic on the West Valley Highway, South 180th Street, Southcenter Parkway and 61st Avenue South. Average weekday volumes on major roadways are shown on Figures 3 and 4. ,i. PACKG0i D INrnRiViATION Figure 1: Tukwila Urban Center Street Classification I 2 =Z!7;s AIV l North OW-- --.9 .7 0 Not to Scale 1 I ::1 ist EV 4S BLACK CR: E Legend: 8 i z SOUTHCENTER 6 .5 i BAKER RL i Z 4- Ul Study Area MALL i Park -------1 6 immim j i Freeway 1 gicENTENN,,, Ramp J g _I .1 i I il Principal Arteriall I 4 Minor Arte rial 1 a milk pow TLIKY.ILA a 6 A Collector Arteria 1 4 I p u prk PoNo i Non Arterial TRECK DR, i Trail, Wallwvay Railroad cORPORATP CIR N1 River E.`i 1 24 i 4 J 4 j t CORPORATE DR Si 4 1 4 4 i I 4 I M g 1 I 4-..--- I g l __Lipy R 1 1 I 1 il f 1 1 4 I rj '11 3 3 i 1 1 1 MICLALD CR I ..1 Th 1 I litV li I I I A I I /1 DR nj 0 43 1 TRILAND DR g. '-..i i 1 3 S 'MM ST 9 -1------ 7,. TT Source: Tukwila Comprehensive Plan, 1995. GTEC Application for Certification Page 10 Non Motorized Facilities For the most part, streets within the TUC have a continuous sidewalk system. While the center does not contain designated bicycle facilities, it does connect to the Green River Trail and Interurban Trail, which are major facilities within the regional trail system. 4. Existing Transit Service King County Metro provides transit service to the TUC. According to a Fall 2002 ridership count, the most activity (boardings alightings) occurs at the transit stop at the intersection of Andover Park West and Baker Blvd, where there is an average of 2,200 daily weekday riders who use this stop. Most routes provide service to the major regional mall where this stop is located, Westfield Mall at Southcenter, with north /south service along Southcenter Parkway and Andover Park West, as well as on the West Valley Highway. East/west service is concentrated along Strander Boulevard between Southcenter Parkway and Andover Park West (five routes) and continuing with one route to the West Valley Highway. Buses also run east/west on S. 180th Street and the section of Tukwila Parkway between Andover Park West and Andover Park East. There are seven transit routes that serve TUC. Those routes include: Tukwila Station 126 Rainier Beach Every Thirty minutes during peak 140 Burien Transit Center to Renton Transit Station Every 15 minutes during peak 161 East Hill to Downtown Seattle Every 30 minutes during peak Tukwila Park and Ride 150 Downtown Seattle to Kent Station Every 15 minutes 154 Federal Center to Kent Station Every 2 hours during peak 941 Providence Medical Center to Kent -Des Moines Every 30 minutes during peak 280 South Renton to Seattle Hourly in early morning Source: Puget Sound Regional Council, Community Transit, Everett Transit, Kitsap Transit, Metro Transit, Pierce Transit, Sound Transit The Tukwila Commuter Rail Station is temporarily located directly adjacent to the Boeing Longacres property. This station currently serves Sounder Commuter Rail and Amtrak Service. King County Metro bus connections at the current station provide additional transit service from the station. About 250 parking stalls are currently available. The City of Tukwila and Sound Transit are exploring transit oriented development (TOD) at the site to enhance the city and expand Sounder ridership. Along with this development, Sound Transit plans to construct a permanent station to replace the temporary facility by 2010. The permanent station plan features station platforms with a pedestrian tunnel connecting both sides of the track. Sound Transit has purchased a 10.5 -acre station site near Burlington Northern /Santa Fe Railroad and Union Pacific Railroad tracks, south of Longacres Way and north of the future Stander Boulevard right -of- way in Tukwila for this station. This facility has great potential for attracting ridership from Boeing's Longacres campus and Boeing's Renton facility, and will be easily reached from the station by King County Metro bus. Additionally, improvements to the station will serve TUC employment and future residents. The planned bridge over the Green River, with an at -grade signalized crossing for West Valley Highway connecting to the station, will provide a dedicated facility for pedestrians and bicycles within a distance of mile from the Mall. 5. Travel Behavior Inventory Traffic Volumes At present (2002), approximately 113,000 persons arrive daily in the TUC for various activities during a 24 -hour period. Nearly all of those coming to the TUC use private vehicles (99.3 percent); transit use in the TUC currently represents a very minor share (0.7 percent). While commuters comprise about 18 percent of the total person trips to the TUC, more than 80 percent of the trips to the TUC are shopping, recreational, commercial and business trips. Traffic Volumes within the Tukwila Urban Center Figure 4 indicates the busiest roadways within the TUC, with more detailed information for the area shown in Figure 5. As these figures indicate, there are four roadways within the TUC that carry an average weekday traffic volume of approximately 30,000 vehicles or more per day: 61st Avenue South at I -405, Southcenter Parkway, between Minkler and Strander Boulevards, South 180th Street, west of Andover Park East, and, West Valley Highway between South 180th Street and South Longacres Way !I_ BAC i U ND 1 \1F-OF-011A 1 Figure 2: Signalized and Unsignalized Intersections c,...., North 0 0 i ‘.0z F-- 1.‘, e A \FA Not to scale 1/1 e 4_05 TIJK: ii i ONIACFP.' 'NAY al 1 Legend: EVANS BLACK 0 I i. Study Area SHOWI .f Trail, Walkway SOUTHCEVTER Railroad z, qf River E Freeway Ramp iEICE ;NW:, t 1 1 ,rEANDER t -ARK i Park 1 TUKWILA PON9th PARK POND 1 .3 1 I -1 TRECK Signalized Intersections 0 I ntersectionv.vith Stop Signs id I LT ili CORPCRATE CR 111 7 IIFIA7 I I E' 1 'S A I '2' 1, Prl 175C0 KOC1 i VINKLER ELVD R I D C 1 I I F----- 1 1 1 POUIDDRI dm DR etY...V fi i i I/ I I .4 X d I 1 L 1 I I, i TRLAND OR i- i 1 I i IA :A il I 1-1 Source: Mirai Associates, 2002 GTEC Application for Certification Page 13 Figure 3: 2002 Average Weekday Traffic Volumes on Major Roadways 1 1 1 1 I 1 1 West Valley Highway: S. 180th to S. -w f 4,640 Longacres Way i I 1 emu- 31,480 South 180th Street at Sperry Drive 1 I Southcenter Parkway: Minkler Blvd 30000 to Strander Blvd 1 I 1 I l 61st Avenue South at 1-405 29,750 1 Tukwila Parkway at Andover Park 23,• •00 West I I Klickitat Drive at Southcenter 1 V I 21,860 Parkway i Strander Blvd: 5800 Block -e 3i 20,400 1 Andover Park West: Strander Blvd 16,400 Baker Blvd3.` I 1 68th Avenue South at 1 -405 t 15,980 Andover Park East Minkler Blvd I= =Y 15 200 Treck Drive I`- I I 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 Source: City of Tukwila Public Works GTEC Application for Certification Page 14 E_ GAG I:ti:-:Oli PJF-ORMATION Figure 4: 2002 Average Weekday Daily Traffic Volumes N :--7 ....4.--- vi °O417- 1378601 129 7501 115.980 M ij PP-'___ 16th ST ,'i 1 VII s 0 North )11. 1 1 7,ff. 1: TU LAPA 21.500 ".9R =1133,8701 wx'r .4601 EVANS BLACK DR Not to scale 123 c V, x: „Ar....121.6001 0 c' rr E 0 1 WESTFIELD i BAKER RI VI f- 0 Y 34.640 Legend: 1 SHOPPINGTOM SOUTHCENTER 0 J14.4001 R e' Study Area ,c t Trail, Walkway 21.860 li6.4001 BICENNIRC-„::::', 11 I Railroad STRANDER BLVD River -N Freeway LA POND C-Th j9.600 r Wc„.MILA 1 Ramp J il I Park oi:„,..4 TRE Ly 115,7001 cr IXXXX1 Vehicles per Day g CORP /_0._:Ei ?N ft F 2 IRE ST:: :ION/ If, t I 1 L s :Z. Mi" L- S-4 11 15 200 CORPORATE DR S I C ='-i '4;57 0 I eV 21.600 V INKIER BLVD I 11 ---A 1 I 11PLADID DR I .c r) 11 I 112.700L. I ct ill 1 ..,L.R1 ffi 1 1 1 8 4.:0N DR g I i- 4 c ill 1 TRILAND DR I I 21 200 131.48011 31101278 1 !I I !J I %.7- T.r_.■ l',1" 2. 1.! ,61 1 d n. 2001 counts Estimated based on peak hour counts Source: Tukwila Public Works Department April 2002 GTEC Application for Certification Page 15 Figure 5 shows PM peak hour traffic volumes for the major intersections in the TUC. In general, the traffic analysis indicated that the afternoon peak hour volumes are higher than or equal to the noontime hour or morning peak hour volumes throughout the TUC. PM peak pour traffic was used, therefore, to express the greatest expected traffic congestion associated with the TUC. Figure 5: 2002 PM Peak Hour Traffic Volumes 9 Lc`S- 1 .L \VPs so, 1 1.680 S�V GRP `ce L 1 030 -'405 1.230 D 1 210 16th 5T 1 e ":1 040 2 080 y 940 680 1; g90 6 M 1 640 1 North 050 470 i so -77o 0 1880 aLAP_a:._ 820 f 700 730 ^AV 17601 s EVANS BLACK OR i Not to scale 0 V c: F Y Z i f a5 cr 1 Y 830 Y,ESTFIELD z BAKER BLVD o 0, F Legen Le SHOPANGTOWN w 9 280 t 760 OUTHCFNTER o o 11 Study Area 14 Q 1 430 Trail, Walkway 1 3801l�001 �6801i, 780 630 :630 VN/F1 I Railroad sT RA h DERBI ARK /s 1 510 River 11.1001 15801 720 630 890 18701 11 Freeway TOKYO LA POND N K M LA I I Ramp Park PAR TRECKD �'r U Intersection I 2 a CORFO 4TE DR N Q 1 I Approach Volumes FIRE STF nO N /Z 1 (Vehicles per Hour) z w 1 j L T :II V `I N 5 C ca s z 3 N (2101 (590) I1 11.230 Ii 280 1 l,iiM 1 1.040 r"— I 1180 6�6001 i 11 uPL.Ars 3901 11 1 II 3 A l i i i 1 h!IDLAhD DR I� a 1 g A s .4gr z 1 1 w OONDR �7 Z it S F)B 1 I i I I S ST TWIAND DR 1010 60 A 960 -1 960 rl ,80hh ST 1590 19801 rte 11,290 i 870 <t 810 �i !13101 470 140 �__�5801 1301 41.2101 I p Li i n Source: Tukwila Public Works Department G T EC Application for Certification rage 16 intersection Level of Service LOS at an intersection is measured in terms of average delay per vehicle in seconds and is rated with letters A through F, where "F" indicates the greatest congestion. The length of delay describes the traffic conditions at a given intersection. The Highway Capacity Manual (HCM 2000) defines intersection LOS for signalized and unsignalized intersections and is shown in Table T -3. Note that the rating definition is more stringent for unsignalized intersections. The LOS rating for a signalized intersection carries a lengthier delay than its equivalent for an unsignalized intersection. Table 3: Definition of Level of Service LOS Delay per Vehicle Delay per Vehicle Signalized Intersections Unsignalized Intersections A Less than or equal to 10 seconds Less than or equal to 10 seconds B Greater than 10 and less than or Greater than 10 and less than or equal to 20 seconds equal to 15 seconds Greater than 20 and less than or Greater than 15 and less than or equal to 35 seconds equal to 25 seconds D Greater than 35 and Tess than or Greater than 25 and less than or equal to 55 seconds equal to 35 seconds E Greater than 55 and less than or Greater than 35 and less than or equal to 80 seconds equal to 50 seconds F Greater than 80 seconds Greater than 50 seconds Source: Highway Capacity Manual, 2000. Intersections in the TUC are currently experiencing the following LOS: The intersection at West Valley Highway and South 180th Street currently operates at LOS D during the weekday PM period, which may be due to ongoing construction. During the PM peak hour, nearly 80 percent of the signalized intersections operate at LOS C or better. The unsignalized intersection at 65th Avenue South and Southcenter Boulevard operates at LOS F during the PM peak hour. Two intersections on the border of the TUC operate at LOS E during the PM peak hour Southcenter Boulevard at 61st Avenue South and Southcenter Boulevard and Interurban Avenue South. Two intersections with South 180th Street, at Southcenter Parkway and the West Valley Highway, operate at LOS D during the PM peak hour. The intersections at Tukwila Parkway and 61st Avenue South and at Strander Boulevard and Andover Park East also operate at LOS D. 6. Historical CTR Mode Shares by Year The City of Tukwila has participated in the CTR program since 1991. Listed below are the City's drive alone and VMT rates since 1993: Table 4: Historical CTR Mode Shares Measurement 1993 1995 1997 1999 2001 2003 2005 Drive Alone 0.80 0.80 .79 .77 .77 .80 .77 Rate Vehicle Miles 13 13.5 13.3 13.2 13.4 15.4 15 Traveled Source: WSDOT CTR Office 2007 7. History with TDM Although the City of Tukwila has only a few CTR- affected work sites that are located in the Tukwila Urban Center, the City has implemented a few TDM programs in partnership with King County Metro. During the past years, the City worked with King County Metro to sponsor the "Classified Ad Project" and the 'Tukwila Lunch Bus Both of these programs were aimed at increasing participation in carpools and vanpools. The Tukwila Lunch bus was launched to encourage commuters to leave their cars at home while giving them opportunities to shop during their lunch hours. Described below are the Classified Ad Project and Tukwila Lunch Bus: Classified Ad Project South King County Commute Connection was a classified advertisement publication in which employees place ads looking for carpool and vanpool partners. It was published by the Washington state jurisdictions of Tukwila, SeaTac, Renton and Kent in collaboration with King County Metro in 1997 and 1998 as a grant- funded project providing incentives for riders. The objectives of the publication were to: Raise awareness of carpooling and varpooling through consistent visibility of real opportunities which compliment general promotional pieces; Proactively show commuters that there are options that work for them; Generate more names in the Regional Ridematch System; Create new carpools and vanpools; Place additional riders into existing vanpools and carpools. Ride Free The Tukwila Lunch Bus For a three -month period in the mid- 1990s, the City of Tukwila sponsored the "Lunch Bus," a free lunchtime shuttle operating in the Tukwila Urban Center. The shuttle ran routes between 11 a.m. and 2 p.m., and was intended to enable people who carpooled, took the bus or simply did not want to use their cars during lunch. The Lunch Bus was a partnership between the City of Tukwila, King County Metro Transit, Washington State Energy Office, Tukwila employers and the Southwest King County Chamber of Commerce. 8. Parking Regulations The City regulates parking through its zoning code. Listed below are the parking regulations related to shared parking, complementary parking, and the process for obtaining an administrative variance to reduce the amount of required parking. 18.56.070 Cooperative Parking Facility Shared Parking: When two or more property owners agree to enter into a shared parking agreement, the setbacks and landscaping requirements on their common property line(s) may be waived with that land used for parking, driveway and /or building. Complementary Parking: A complementary use is a portion of the development that functions differently than the primary use but is designed to serve or enhance the primary land use without creating additional parking needs for the primary traffic generator. Up to 10% of the usable floor area of a building or facility may be occupied by a complementary use without providing parking spaces in addition to the number of spaces for the principal use. Examples of complementary uses include pharmacies in hospitals or medical offices, food courts or restaurants in a shopping center or retail establishments. Administrative Variance from Parking A. General: 1. A request for an administrative variance from required parking standards must be received prior to any issuance of building or engineering permits. Administrative variances are only eligible for requests for reductions of required parking between 1% and 10 Requests for reductions from minimum parking standards in excess of 10% must be made to the Planning Commission. 2. The project developer shall present all findings to the Director prior to any final approvals, including design review, conditional use permit review, building review or any other permit reviews required by the Director. B. Criteria: 1. All requests for reductions in parking shall be reviewed under the criteria established in this section. 2. In addition to the following requirements, the Director may require specific measures not listed to ensure that all impacts with reduced parking are mitigated. Any spillover parking which cannot be mitigated to the satisfaction of the Director will serve as the basis for denial. A reduction may be allowed, pursuant to either an Administrative variance or requests to the Planning Commission, after: a. All shared parking strategies are explored. b. On -site park and ride opportunities are fully explored. c. The site is in compliance with the City's commute trip reduction ordinance or, if not an affected employer as defined by the City's ordinance, agrees to become affected. d. The site is at least 300 feet away from a single family residential zone. e. A report is submitted providing a basis for less parking and mitigation necessary to offset any negative effects. C. Process: 1. An applicant shall submit evidence that decreased parking will not have a negative impact on surrounding properties or potential future uses. This may take the form of a brief report for administrative variances. Decreases in excess of 10% must be made to the Planning Commission. The Director may require additional studies to ensure that negative impacts are properly mitigated. A complete and detailed Parking Demand study is required for requests reviewed by the Planning Commission. 2. All site characteristics should be described in report, including a. Site accessibility for transit. b. Site proximity to transit, with 15- to 30- minute headways. c. Shared use of on -site parking. d. Shared use of off -site parking. e. Combined on -site parking. f. Employee density. g. Adjacent land uses. D. Review: Applications for Administrative Variances for reductions below minimum parking requirements between 1% and 10% shall be processed as Type 2 decisions, pursuant to TMC 18.108.020. Applications for reductions from minimum parking requirements in excess of 10% shall be processed as Type 4 decisions, pursuant to TMC 18.108.040, including a hearing before the Planning Commission. (Ord. 1795 §2(part), 1997) Parking Supply, Availability and Price The City's Zoning Code includes the following parking requirements for the TUC: Tukwila Regional Growth Center Parking Requirements (number per thousand square feet of usable floor area) 1 Minimum 1 Maximum 1 Residential 1 2 /du 1 No limit 1 1 Office 3/1000 sf No limit Retail (general) 4/1000 sf No limit Manufacturing 1 1/1000 sf 1 No limit 9. Local and Regional Economic Development Plans The Comprehensive Plan's Economic Development element identifies achieving increased intensity and diversity of land uses as an "issue" that should be addressed through a variety of programs planning, regulatory, infrastructure investment and incentives. The City's general philosophy is to sustain moderate growth; to ensure quality growth and guide it to desired areas through zoning and development regulations; and to provide capacity to meet employment targets. It identifies a range of implementation strategies to encourage economic development and consistent infill and redevelopment, which include preparation of area -wide environmental impact statements, focused public infrastructure investment, cooperative environmental remediation actions to facilitate redevelopment, and formation of local improvement districts to finance facilities. To foster economic development in the Tukwila Urban Center, the City plans to broaden the mix of uses that can occur in the area north of Strander Blvd., as well as the area surrounding Tukwila Pond. In the area north of Strander Blvd and surrounding Tukwila Pond, zoning changes will also exclude the low- intensity uses like warehousing, and will encourage development that is more transit supportive. The TUC Plan also calls for infrastructure to support walking and bicycling from the mall to the Sounder Station. The City also encourages a full range of housing opportunities for all population segments, and plans to revise the zoning code as necessary, to allow mixed use residential developments in appropriate areas. 10. Projected Future Conditions and Characteristics The City of Tukwila is currently developing a sub area plan for the Tukwila Urban Center. The proposed plan is currently being reviewed by the Planning Commission and is anticipated to be adopted in 2007. Project Population and Employment for the Tukwila Urban Center 1 Summary 1 2003 1 2020 1 Total Employment 1 21,650 1 25,056 1 1 Total Households 1 1 1 3,200 1 Based on the proposed Tukwila Urban Center plan, the following changes in land use and transportation conditions are expected to occur. a. Projected Changes in Land Uses The land use pattern depicted in the Proposed TUC Subarea Plan indicates the general locations and planned groupings of activities. The plan is conceptual in nature and provides a framework and flexibility for future site planning. The specific location or design of individual buildings are not known and not prescribed; these details will be determined through individual proposals that are developed according to the TUC's objectives, development standards and design guidelines. The stated land use emphasis of each district, and the uses permitted within each proposed TUC zoning district, would guide the type and location of future development. Redevelopment and change will occur incrementally over an extended period of time, possibly 30 to 50 years. The year 2020 is used as a benchmark to provide a mid -term snapshot of the nature and character of planned change in the TUC. Changes would be evident in a greater diversity and altered design of land uses in several portions of the TUC on and adjacent to the Westfield Southcenter Mall site, in the northeast portion of the TUC adjacent to the Green River, and adjacent to Tukwila Pond. Other portions of the TUC, such as the Workplace (industrial and business park) District and the Commercial Corridor (Southcenter Parkway) would change relatively little. The Subarea Plan recognizes the importance of these land uses and the jobs they provide, preserves their place in the City's fabric, and seeks to improve circulation and design over time. Growth overall (measured in terms of projected square feet of development in 2020) is projected to increase by approximately 40 percent, to a total of approximately 8.7 million square feet. While retail would remain the most extensive single land use (5.1 million square feet, or 59 percent of the total), the TUC would become significantly 3 Source: Tukwila Urban Center Draft Environmental Impact Statement more balanced than it is today. The biggest increase would be in housing growing from almost zero today to more than 1,500 dwelling units in 2020. Office uses would also grow by almost 20 percent. Manufacturing space would not increase at all, and warehouse /distribution space would increase only marginally. In contrast, No Action would likely result in a continuation of the existing pattern, with more retail, significant new office development, more warehouse and manufacturing uses, and some new housing. The character of land use change, as well as its timing, will be strongly influenced by a combination of public policy and economic forces. Public policy /City guidance will occur in the form of the TUC Subarea Plan's strategy and objectives, the framework provided by zoning standards and design guidelines, and strategic public investments in amenities and capital facilities. If the local economy remains strong and the TUC's vitality continues as predicted, the area will remain attractive to investors and land prices will likely increase. Real estate investments will generally seek attractive locations that provide redevelopment and market opportunities. Recent plans and growth in other Urban Centers in the Puget Sound region suggest that markets do or will exist in the TUC for some types and forms of land use that are absent today primarily housing and mixed -use development. Assuming that the economic impetus for change is present, the TUC will generally develop more intensively for a broader range of urban uses. Growth will occur through development of remaining vacant land and redevelopment of existing uses. To use the existing land base more intensively and more efficiently, multi -story buildings will be encouraged. Parks and open space will increase in amount and improve in terms of access and function. An improved park and esplanade will be created at Tukwila Pond and public access to the park would be provided. The Pond will become a major amenity for the TUC overall while maintaining its important functions for stormwater management and habitat. Similarly, new development in the eastern portion of the TOD District will be oriented to the Green River. A riverwalk/esplanade will be developed parallel to the shoreline, providing increased public access while also protecting the shoreline environment. b. Traffic The City of Tukwila's travel demand model, which covers the entire city, was used to forecast future traffic volumes within and surrounding the TUC Subarea. Demographic data sets, including household and employment forecasts associated with a system of transportation analysis zones (TAZs), form the basis for forecasting travel demand. A new forecast is due August 2007. For the 2020 traffic forecast, the City prepared a forecast with a proposed network of improvements. The proposed improvements are shown on Figure 6: Traffic Volumes At present (2002), approximately 113,000 persons arrive daily in the TUC for various activities during a 24 -hour period. Nearly all of those coming to the TUC use private vehicles (99.3 percent); transit use in the TUC currently represents a very minor share (0.7 percent). While commuters comprise about 18 percent of the total person trips to the TUC, more than 80 percent of the trips to the TUC are shopping, recreational, commercial and business trips. 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Flf==,.C.1(C ii' The 2020 Levels of Service with Proposed Network Improvements for the Mall-to-Station Land Use Scenario are shown on the following map: Figure 7: 2020 Level of Service with Proposed Network of Improvements North 44 0 4 .1tv .s. iiii.6. ers 4t, 41 Y 7- 0 D D TT g my 5 Turh.p.ay I B i B D Nudstram 1 Eans Mact cr %Er ei 'NE5TFIV-0 ai Baer WA 1 i 5HOPP.NGTOWN i a A 50:175CENTEN Alli E 57 Ellvd t i s l!I T I, C US 71 24 T3 I I I 1 s "IliKWILA POND i 155 t f th S 1A--4 i 4- t Corp.:Tamara i I A t. ..1, 1 di' ts II g Ca /I I A Q-- 1 4 --P i 1 17 12 1111 7 uparz Cr 1 i 34 i 1 I i i 1 i L025r41 Or i 1 1 if 4 il I I i I 42,ff i t k .1 I Viand Di I I D D 5 144th 51 I ni D I Legend: 65 Freeway I -I Ramp f River I -Trail co I Railroad 0 !!!1_ Delay Level of Service Note: not to scale GTEC Application for Certification Pacie 26 11. Gap Analysis WAC 468 -63 -060 (2)(b)(iv) requires the GTEC plan to include a gap analysis that evaluates the degree to which existing and future services, policies, and programs will be sufficient to maintain or improve transportation access and increase the proportion of non drive -alone travel as the area grows. The rule states that the jurisdiction's evaluation of its own policies, programs, and regulations shall include an evaluation of land use and transportation regulations, to determine the extent that they can reduce the need for drive -alone travel and attract and maintain a mix of complementary land uses, particularly uses that generate pedestrian activity and transit ridership. The evaluation is to include: Parkina Policies and Ordinances The City regulates parking supply through its zoning code. Currently, the City's zoning includes minimum requirements for parking but no maximums. At most of the employment sites, there is free and ample parking, which encourages commuters and shoppers to use drive alone vehicles. To address the parking issue, the City plans to work with employment sites to encourage them to implement parking management strategies such as reducing parking capacity and implementing preferential parking for carpools and vanpools. Streetscaoe Desian Standards Changes to the pedestrian environment included in the TUC Plan are wider sidewalks in areas planned for pedestrian- orientation. In the future, some streets will have on- street parking. Sidewalks on streets with on- street parking will be 15' wide, with street trees provided in tree pits. Where on- street parking is not allowed, a minimum 5' wide landscaping buffer is required, with sidewalks ranging from 6' 10' wide. Current sidewalks are generally 6' wide, though there are some areas with 5' or 8' wide sidewalks. Other pedestrian enhancements required by the TUC Plan are greater facade transparency, the requirement for more articulation on building facades, and, where appropriate, the requirement that new development be brought up to the street edge. Development Reauirements (see Section 18.60.30' Through the City's Zoning Code, the City requires developers to implement TDM supporting measures. In the TUC, the City requires design review for all hotels and motels and commercial structures that are larger than 10,000 square feet. The City also requires new development to install bicycle parking, generally based on number of automobile parking spaces required for the associated land use. Concurrencv policies The City of Tukwila has adopted transportation concurrency regulations that require an analysis of the transportation impacts of development within the City. The analysis is based upon level of service standards at intersections and road segments. Level of service (LOS) is the primary indicator of the quality of traffic flow at an intersection or road segment. LOS is measured by the number of seconds, on average, of delay at intersections and in travel speeds on a road segment. LOS grading ranges from A to F, with LOS A indicating minimal delays and low volumes, and LOS F indicating long delays and /or forced flow. Level of Service Standards The City's Comprehensive Plan discusses level of service standards and establishes acceptable levels for traffic. Projected growth in Tukwila and surrounding areas was used in the Comprehensive Transportation Plan to project traffic volumes and levels of service in 2020. Level of service standards for all local arterials and transit routes are necessary in order to ensure mobility, vitality, and quality of life for the city. The standard, coordinated with surrounding jurisdictions, is to judge the performance of the system against what the community is willing to accept and what can be financed. Goals and policies related to LOS from Tukwila's Comprehensive Plan are listed below, including the LOS established within the Comprehensive Plan for specific corridors within the TUC. Goal 13.3 Level -of- Service Traffic levels -of- service that provide safe and efficient movement of people, bikes, cars and buses and incorporate evolving land use and traffic patterns. Policies 13.3.1 In general, Level of Service Standards shall vary by differing levels of development patterns, desired character of streets, and growth management objectives. Use the following LOS standards to guide City improvement and development approval decisions: —The Tukwila Urban Center corridor average is not to exceed LOS E, except for the Strander Boulevard and a portion of the Andover Park E corridor. Methodology for computing the average LOS is described in the Comprehensive Transportation Plan and is updated annually in the Concurrency Ordinance. —The Strander Boulevard corridor average is not to exceed LOS F with an average delay not to exceed 120 seconds. The Andover Park E, between Tukwila Parkway and Strander Boulevard, is not to exceed LOS F with an average delay not to exceed 120 seconds. All other non residential arterial intersections are not to exceed LOS E. The LOS of minor and collector arterials in predominantly residential areas is not to exceed LOS D for each specific arterial, —West Valley Highway (SR 181), as a state highway of regional significance, is not to exceed LOS E/Mitigated, as defined by PSRC. SR 599, as a state highway of regional significance, is not to exceed LOS E/Mitigated, as defined by PSRC. 13.3.2 Use adopted LOS standards to guide City improvement and development approval decisions. 13.3.3 Maintain adopted LOS standards in planning, development, and improvement decisions. 13.3.4 Provide capacity improvements or trip reduction measures so that the LOS standard is not exceeded. 13.3.5 When reviewing private development proposals, apply the Concurrency Ordinance to determine mitigation, if required, that will provide capacity or traffic generation 13.3.6 Include as a priority increased transportation choices such as transit use; rideshare measures such as carpooling as capacity mitigation measures; and pedestrian and bicycle facilities. After consideration of these priority improvements, consider signal improvements, other street capacity improvements, and street widening as a last resort. 13.3.7 Establish a program to monitor congestion and evaluate the effectiveness of the LOS standards. 13.3.8 Highways of Statewide significance (HSS), including Interstate 5 (I -5), Interstate 405 (1 -405), and State Route 518 (SR -518), are exempt from concurrency requirements. 13.3.9 Regionally Significant State Highways, including SR 181 (West Valley Highway) and SR 599 are subject to a Regional Level of Service Standard established by the Puget Sound Regional Council and WSDOT. LOS standard for Regionally Significant State Highways within Tukwila's boundaries is LOS E/Mitigated. Traffic The TUC area and key arterial corridors throughout Tukwila will continue to be monitored to assure that the LOS standard is maintained. The Tukwila Comprehensive Transportation Plan identifies improvements that would maintain adopted level of service standards around the City. Projects necessary to maintain the minimum level of service standard will be built, as needed, to accommodate projected growth. In the event of a funding shortfall or unexpected growth, the City must re- evaluate planned land uses and explore alternate funding sources to assure continuing concurrency with transportation system improvements. Transit Level of Service At this time, Tukwila is not the owner /operator of a transit service; therefore a minimum level of service standard cannot be enforced. However, Tukwila will encourage all transit providers to achieve and maintain a minimum LOS C and work within Tukwila's Transit Street Classification System. Non- motorized Level of Service A level of service for pedestrian and other modes of non motorized transportation is much more difficult to establish. Various methodologies exist but none are yet considered industry standards. The City of Tukwila currently does not have a level of service established for non motorized facilities. Assessment of Impact fees. and Zonino The City assesses impact fees through its zoning code. Impact fees are based on schedule depending on the size of the development and available capacity. Currently, the City allows developers a reduction in impact fees if a development incorporates TDM supporting measures. The measures must be designed to effectively reduce vehicle trips that reduce the impact to the City's transportation system. A. Proposed Goals and Targets for GTEC The Tukwila Urban Center GTEC program builds upon the City's successful CTR program by expanding the program to unaffected work sites and residential groups. The goal of the GTEC program is to reduce drive alone trips by 10% and vehicle miles traveled by 13 Tukwila Urban Center's employment population is a mix of manufacturing, office, service sector and retail. Although there is a large base of employment in the Tukwila Urban Center, most of the employers are small and are not affected by the CTR law. There are three CTR- affected employers in or near the TUC which include Red Dot, Fatigue and Carlyle (see Appendix A for a map of the TUC and the CTR work sites). Because the majority of TUC employment sites are unaffected, the City proposes to meet its GTEC goals by decreasing the number of absolute trips and VMT in the Tukwila Urban Center. The overall goal of the Tukwila Urban Center GTEC is to reduce drive alone trips by 10% and VMT by 13 It will target unaffected employers to reduce additional trips. Target Base Goal Target Base Goal Target VMT Rate Population Drive Drive VMT Alone Alone Rate Rate Employees at Reduce Reduce by CTR- affected 73% by 10% 65.7% 15.0 13% 13.05 work sites There are currently around 1000 employees in Tukwila Urban Center who work at CTR- affected work sites. Based on the average drive alone of 73 246 commuters currently use non -drive alone modes. Based on a six -year target of 65.7% for non -drive alone modes, the City plans to increase the number of commuters using non -drive alone modes at CTR- affected sites by 67 (for a total of 313 commuters). Un- affected According to the Draft TUC EIS, there are approximately 21,650 employees who work sites work in Tukwila Urban Center. For the year 2013, the City has set a target for increasing the number of commuters using non -drive alone modes by 2,165 (approximately 10% of current employment population). Residential According to the 2000 Census, there were fewer than 100 people living in the developments Tukwila Urban Center. As the residential population in the TUC grows, the City plans to work with residential groups to increase use of non -drive alone altematives, including LINK Light Rail, Commuter Rail and bus. Entire GTEC For the entire GTEC area, the City has set a target of converting 2,165 commuters area to non -drive alone trips (10% of the employment population). This figure includes both CTR- affected and unaffected work sites. Reduce Reduce by Entire City 78.0% by 10% 70% 15.4 13% 13.4 a Puget Sound Regional Council calculated base VMT rate. B. Proposed Performance Measures The City is required to measure the progress towards achieving the goals. Every year, the City will prepare an annual report and every two years, the City will conduct surveys of employees and residents to determine their travel behavior. The City plans to use the WSDOT CTR survey as the survey instrument. Listed below are the proposed measures and the scheduled dates for measuring progress. Performance Measure Agency Responsible Scheduled Date Percentage of commuters City of Tukwila Every two years beginning fall using non -drive alone modes 2008 Number of un- affected City of Tukwila Every two years beginning fall employers participating in 2008 transit and ridesharing programs Number of residential buildings City of Tukwila Every two years after the first participating in transit and residential building is built in ridesharing programs. Tukwila Urban Center. Transit ridership on Tukwila King County Metro Transit, Every two years beginning fall Urban Center transit routes Sound Transit 2008 Vanpool ridership for vans King County Metro Transit Every two years beginning fall traveling to Tukwila Urban 2008 Center The City of Tukwila proposes to implement the following elements as part of its GTEC program. Implementation of the elements will be done in partnership with employers and property owners, transit agencies and business groups. Listed below are the following planned local services and strategies for achieving the established goals and targets: A. Proposed Target Population As a major employment center, the Tukwila Urban Center has a strong market for increasing transit and ridesharing activities. Populations that will be targeted for transit and ridesharing activities include: Employees working in CTR- affected work sites Employees who work for unaffected work sites, including retail, office, manufacturing and service sectors Residential populations (as they move into Tukwila Urban Center) B. Proposed Strategies for Achieving Goals To achieve the goals of the GTEC program, the City has developed a set of strategies that will help the TUC make progress towards its six -year planning target. The strategies are a combination of policies, regulations, services, facilities, marketing and incentive programs. The policies, projects and regulations are consistent with the TUC sub area plan. Develop a Coordinated Develop a transportation management association to be run Transportation Management by a new organization or the City to administer the GTEC Program run by the City or a program for the Tukwila Urban Center. This coordinated Transportation Management effort will bring together the different partners and agencies Association for Tukwila Urban to develop a coordinated program of transit and ridesharing Center services. Parking Management Work with employers and property managers to implement parking management at work sites. Parking management may include preferential parking for carpools and vanpools, reducing parking capacity for drive alone vehicles, and encouraging employers to charge employees for parking. Transit Services Work with King County Metro Transit and Sound Transit to enhance transit services to the TUC. Enhance transit services by increasing coverage, span of service and frequencies to encourage more commuters to use transit. Transit Center I Implement the new bus transit center in the TUC. Sounder Commuter Rail Station Implement the new Sounder station in Tukwila to allow commuters to access Sounder service. VanpoolNanshare Services Provide vanpool /vanshare services such as ridematching and vanpool /vanshare training to employees and residents. Marketing and Promotion Market and promote transportation alternatives to employees and residents using a variety of materials such as brochures, fliers, web sites, and on -site promotions. Bicycle and Pedestrian Facilities Implement bicycle and pedestrian facilities based on the Tukwila Urban Center sub area plan and the Walk Roll bicycle and pedestrian plan. Bicycle Amenities Install bike lockers at various locations in the Tukwila Urban Center to provide safe and secure bicycle parking for bicycle commuters. Subsidies I Provide subsidies for carpools and vanpools to employees. Flexpass Develop an area -wide flexpass program that offers discounted transit passes to employees. As residential groups move into Tukwila Urban Center, develop a residential flexpass program. Car Sharing Work with car sharing providers to implement a car sharing program in Tukwila Urban Center Telework Work with employers to develop a telework program. The program will consist of educating employers about the telework program and will offer assistance for IT and human resource issues. Ridematching Assistance Work with King County Metro to improve the ridematching system for Tukwila commuters. Encourage more employers to encourage their employees to register with the system. On -Site Employer Assistance Provide on -site assistance to both CTR- affected and unaffected employers. Assistance may include on -site promotions, developing program ro ram strategies and measuring performance. Information Kiosks Install information kiosks that will enable employees to access transit and ridesharing information. Kiosks will include access to Internet sites to enable employees to register for carpools, find transit schedules and get up -to date traffic information. Real Time Ridesharing System The City will explore the development of a real time ridematching system that matches up carpool partners through cell phone technology. Unlike the traditional ridematching system where riders can match up with partners and form carpools over a period of time, real time ridematching will allow commuters to find carpools for individual trips. Promotions for Non English The Tukwila Urban Center has a large population of non Speaking Populations English speaking employees. The City will work to inform these populations of transit and ridesharing services in multiple languages and teach them the benefits of non -drive alone vehicle altematives. Implement Capital Improvement 1 Pedestrian Spine construction of wide sidewalks, Projects to Improve Pedestrian on- street parking, and bike lanes along Baker Blvd, and Bicycling Activities connecting the Mall to the Sounder Station Green River Pedestrian and Bicycle Bridge Directional Signage —urban center and nonmotorized Klickitat/Southcenter Parkway Improvement On- street parking and bike lanes on Andover Park East TDM Construction Mitigation Implement TDM construction mitigation for the future construction of the Klickitat/Southcenter Parkway Improvement and other major transportation projects. C. Schedule for Implementing Program Strategies and Services The City has identified the following schedule for implementing the GTEC program strategies and services. The agency responsible for implementing the strategy or service is also listed. Program Strategy or Service Agency Responsible Scheduled Date for Implementation Policies and Regulations Amend Comprehensive Plan to City of Tukwila July 2008 include Tukwila Urban Center GTEC program Review parking policies and City of Tukwila 2009 and beyond parking code requirements for Tukwila Urban Center Services and Facilities Implement Tukwila Urban City of Tukwila, King 2007 and beyond Center bus transit center County Metro Implement new Sounder Sound Transit 2007 and beyond Station Enhance transit services in King County Metro, Sound 2008 and beyond Tukwila Urban Center Transit 1 Implement vanpool services 1 King County Metro 1 2008 and beyond Install bicycle and sidewalk City of Tukwila 2008 and beyond improvements Install bicycle amenities for City of Tukwila, property 2008 and beyond bicycle commuters (bike racks) managers Implement car sharing service I City of Tukwila, private 1 2008 and beyond 1 1 vendor 1 Provide on -site employer City of Tukwila 2008 and beyond assistance Implement ridematching City of Tukwila, King 2008 and beyond assistance County Metro Marketing and Incentive Programs Develop TMA or coordinated City of Tukwila, King 2008 and beyond program for transit and County Metro, Tukwila ridesharing services Urban Center businesses Implement subsidies for City of Tukwila 2008 and beyond carpools and vanpools Develop area -wide Flexpass City of Tukwila, King 2008 and beyond County Metro Develop marketing and City of Tukwila or TMA 2009 and beyond promotional campaign Install information kiosks in City of Tukwila, property 2009 and beyond various buildings in the Tukwila managers Urban Center to help employees access transit and ridesharing information 1 Develop Telework Program 1 City of Tukwila, employers 1 2009 and beyond Develop real time ridesharing City of Tukwila 2008 and beyond program Develop multicultural City of Tukwila 2008 and beyond promotional program Bicycle and sidewalk capital City of Tukwila 2008 and beyond improvements E. Proposed System for Measurement and Reporting To determine whether the GTEC program is making progress towards achieving its goals and targets, the City proposes to perform an evaluation of the GTEC program every two years. The program evaluation will begin in 2009 and consist of the following elements: Survey employees at CTR- affected and unaffected work sites to develop a representative sample. Survey residents at buildings that are participating in transit and ridesharing activities. Review transit ridership numbers for Tukwila Urban Center transit routes. Review vanpool participation rates for vans traveling to Tukwila Urban Center. Conduct interviews with ETCs at CTR- affected work sites. The City has prepared a financial analysis to identify revenues and expenses that are associated with the City's GTEC program plan. The following is a description of the available funding sources that the City may use to implement its GTEC program plan. After identifying the available funding sources, the City has identified the expenses, which include program administration, employer assistance, policy and regulation development, promotional activities, transit and ridesharing services, and implementation of supporting facilities. A. Program Funding Sources Funding Responsible Estimated Estimated Estimated Estimated Estimated Estimated Estimated Source Agency Amount Amount Amount Amount Amount Amount Total FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 Amount GTEC Grants WSDOT 100,000 100,000 100,000 100,000 100,000 100,000 600,000 CMAQ Funds RTPO 25,000 25,000 25,000 25,000 25,000 25,000 $150,000 City of Tukwila City of 50,000 50,000 50,000 50,000 50,000 50,000 $300,000 Operating Tukwila Budgets (staff resources or cash contributions) Transit Revenue Transit $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $3,000,000 (transit services Agency and vanpool services) Mitigation Funds WSDOT /City 50,000 50,000 50,000 50,000 50,000 50,000 $300,000 for Construction of Tukwila Projects King County King County $5,000,000 $0 $0 $0 $0 $0 $5,000,000 Capital Funds Metro Sound Transit King County $11,400,000 $0 80 $0 $0 $0 $11,400,000 Capital Funds Metro Total Funds $17,125,000 $725,000 $725,000 $725,000 $725,000 $725,000 $20,750,000 Available: B. Program Expenses Expense Responsible Estimated Estimated Estimated Estimated Estimated Estimated Estimated Party Amount Amount Amount Amount Amount Amount Total Cost FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 Prepare local GTEC City of 5,000 0 0 $0 $0 $0 5,000 plan and ordinance Tukwila Administer GTEC City of 25,000 25,000 25,000 25,000 25,000 25,000 150,000 program (contract Tukwila management, program measurement, annual reporting, coordination meetings) Implement King County $1 million $1 million $1 million $1 million $1 million $1 million $6 million supporting transit Metro and services Sound Transit Implement new King County $5 million $0 $0 $0 $0 $0 $5 million Tukwila Urban Metro Center Transit Center Implement new Sound $11.4 million $0 $0 $0 $0 $0 $11.4 Sounder Station Transit million Implement vanpool King County $50,000 50,000 50,000 50,000 50,000 50,000 300,000 program Metro, Employers, Commuters Tailor ridematching King County $50,000 $10,000 $10,000 $10,000 $10,000 $10,000 $100,000 services for Tukwila Metro, City of Urban Center Tukwila Offer program City of 50,000 50,000 50,000 50,000 50,000 50,000 300,000 incentives Tukwila, King County Metro, Employers Offer Area -wide Commuters $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $600,000 Flexpass and residents Development of a Employers, $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $600,000 coordinated Property approach for transit Owners, City and ridesharing of Tukwila services or TMA Develop and print Commuters, $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 300,000 marketing and Residents promotional materials Install information Commuters, $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $30,000 kiosks to access Residents transit and ridesharing information (install one kiosk each year)) Install bike lanes City of $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $600,000 Tukwila Install bike lockers City of $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $60,000 (one per year) Tukwila Develop real time City of $50,000 s50 000 $50 000 $50,000 $50,000 $50,000 $300,000 ridesharing prograrm_ Tukwila:: 2 Develop multicultural City of $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $300,000 education program Tukwila Total Expenses: I I $18,045,000 I $1,600,000 I $1,600,000 I $1,600,000 I $1,600,000 I $1,600,000 I $26,045,000 \L FINANCIAL PLAN The following table shows the summary of revenues and expenses for the Tukwila GTEC program. The City is projected to have a shortage of funding to implement its planned strategies. However, there are a number of sources of funding that the City can explore to help fill the gaps. Funding sources include, but are not limited to: WSDOT CTR funding Federal grants City of Tukwila funds Developer contributions Employer contributions Summary of Expenses 1 2008 1 2009 1 2010 1 2011 1 2012 1 2013 I Total Revenue I $17,125,000 1 $725,000 1 $725,000 $725,000 1 $725,000 $725,000 1 $20,750,000 Expenses I $18,045,000 1 $1,600,000 1 $1,600,000 $1,600,000 I $1,600,000 $1,600,000 $26,045,000 Shortfall: 1 ($920,000) 1 ($875,000) 1 ($875,000) 1 ($875,000) 1 ($875,000) 1 ($875,000) 1 ($5,295,000) GTEC Application for Certification Page 41 C. Funding Gaps Based on the expected revenues and expenses of the City's GTEC program, the City is expected to have a shortage of funds for the GTEC program. To fund these programs, the City will pursue grants and contributions from the following sources: Congestion mitigation funds WSDOT funds Federal grants, i.e. CMAQ funds Employer contributions Developer contributions As part of its strategic plan for implementing the GTEC program, the City plans to work in partnership with transit agencies, neighboring jurisdictions, employers and property owners. Each of these stakeholders will have a role in implementing various parts of the GTEC program. To coordinate the City's GTEC program, the City will designate a program manager who will oversee the entire program and work with the different partners. Listed below are the organizations that may be involved with the implementation of the City's GTEC. Their roles and responsibilities are described as follows: Agency or Organization Strategy or Service Projected Date for Completion City of Tukwila The City will be responsible for On -going overseeing the GTEC program and coordinating the services of the different partners. It will be responsible for setting and tracking goals, administering the funding agreement with WSDOT and performing program evaluation. It will also implement bicycle and sidewalk facilities. King County Metro Transit King County Metro will be On -going responsible for providing transit services to the Tukwila Urban Center area, implementing the new Tukwila Urban Center bus transit center, offering vanpool services and administering the regional ridematching system. Program Coordinator or The Program Coordinator or Fall 2008 Transportation Management TMA will be responsible for Association conducting outreach to employers, conducting promotions, coordinating ridesharing and transit programs with King County Metro and developing support for TDM programs. Employer Employers will help promote Fall 2008 TDM programs to their employees, provide incentives, and participate in regular network meetings. Residential Group Residential property owners TBD (when residential building will be responsible for is developed in Tukwila Urban promoting TDM program to Center) their residents, surveying residents and participating in regular network meetings. The City of Tukwila has been conducting extensive outreach to develop its Downtown Plan. The following represents a chronology of community workshops and joint City Council /Planning Commission workshops that have been held to date on the Tukwila Urban Center (TUC)/Transit oriented development (TOD) subarea plan. Phase 1: Develop an understanding of the market forces and forecasts, land use relationships and transportation system in the TUC. May 13, 2002 Council Of the Whole. ECONorthwest briefing on their preliminary market forecast and trends for the Tukwila Urban Center. March 25, 2003 Joint City Council /Planning Commission Meeting. Summarized Phase 1 findings on existing and use, transportation and market conditions, issues and opportunities for the TUC study area. Phase II: Prepare preliminary alternatives and a preferred alternative for the TUC/TOD area May 21, 2003 TUC Public Workshop #1. Summarized land use, transportation and recent market issues and began refining the vision for the area. June 10, 2003 1 -405 Corridor/ TUC connection. Evaluated existing 1 -405 alternatives and identified preferred alternative supporting TUC/TOD plans. June 30, 2003 TUC Public Workshop #2. Presented several `broadbrush" concepts based on feed back from 1St TUC Public Workshop. July 1, 2003 TOD Public Workshop #1. Summarized emerging land use, transportation, utility and market issues and their impact on redevelopment potential for the TOD area. Sept. 15, 2003 TUC Public Workshop #3. Presented preliminary land use and transportation alternatives, and associated market implications. Sept.16, 2003 TOD Public Workshop #2. Presented several alternative land use and transportation concepts for future development, based on feedback from the 1st TOD Public Workshop. Nov. 20, 2003 Joint City Council /Planning Commission Meeting. Reviewed the planning process and concepts for the TUC. Presented the preliminary evaluation of market feasibility. Feb. 26, 2004 Combined TUC/TOD Final Public Workshop. Presented implementation strategies, preliminary recommendations for land use and development policies, and traffic impacts and improvements. May 11, 2004 Joint City Council /Planning Commission Meeting. Council directed staff and consultants to prepare the draft plan after reviewing the recommended vision and alternative implementation strategy alternatives. June 11, 2007 Transportation Commission Meeting. Staff brief Commission on draft plan. In addition to public workshops and meetings, the City has met individually with each of its CTR- affected work sites to discuss how the work sites will continue to make progress towards reducing drive alone vehicles and vehicle miles traveled. SUPPORT FOR THE CITY'S GTEC PROGRAM The City of Tukwila is required to submit the following additional information as part of their application for GTEC certification: 1. Copy of the City's resolution to designate the GTEC and adopt the program plan. 2. Letter from the local transit agency endorsing the designation of the area as a GTEC. 3. Letters of support from partners that are expected to contribute resources. SECTION VIII. RELATIONSHIP TO LOCAL CTR PLAN The Tukwila Urban Center GTEC program builds upon the City's existing CTR program. The City will continue to work with major employers in the CTR program to reduce drive alone travel and vehicle miles traveled. In addition to the City's CTR program, the City plans to expand CTR activities to unaffected employers and residential groups as they move into the Tukwila Urban Center. By expanding the City's CTR program in the Tukwila Urban Center through a GTEC program, the City will help improve air quality, reduce traffic congestion on state highways and local streets, and help achieve the goals and vision of the Tukwila Urban Center plan. Described below is the relationship between the Tukwila Urban Center GTEC program and the City's Local CTR plan. Base CTR Program GTEC Plan Expected Benefits The base CTR program will The GTEC program expands Additional efforts to reduce continue to focus on major efforts to reduce drive alone drive alone trips will help employers in the Tukwila trips to the following markets, reduce traffic congestion in Urban Center, including the 3 including work sites within the Tukwila Urban Center, improve major employers that are TUC that are not currently air quality and help achieve the located in or adjacent to the CTR affected: goals and vision of the City's Tukwila Urban Center. 1) Retail employees; 2) Office Tukwila Urban Center sub area employees; 3) Manufacturing plan. employees; 4) Service sector employees; 5) Residents (as they move into Tukwila Urban Center. Appendices Appenci ni:T=3 Gad ro Civ cf Tuk...,ta An zroth Srirl1, 'I Lo:Igacres 0 15:11 ::i ii Ey rsi•rm Seutkit- Slate(' EvrA Blaic ,i- 0 Seurldsr Stab:, A Baker c 163rd 84 -Tc"ra 16 4th Strander s 4 Acc*s Rd.,. 4 teal!, Trod, Fat• Tedva.ak t. lueAtt Red Dot C.:.;■ t arm L" eii Go:pp:ate a-- a 8 c S' Carpera5, .k.. F -g ttarmsh Group Inc Malkler Upland I I 17500 Bieck i d"anJ 1 33 1 Saxe. larn,sh Gro I rr Legend Tro.3nd i-ortingAgalie Glass ccioarr; CTR Sates 1801n TLC BourriarteS li SPgare Park D .,1 Free,ai _ss Carlyle lit:* .....=•l• Fr Z5 Ceteder Rivers,e l 182nel e> io Cr,ntir6raal 1.121s Inc TV. Tukwila GTEC Plan Tukwila CTR Worksites 0 0.1 0.2 0.3 0.4 Perteet illINIII iiiilli -Miles Figure A June 15, 2007 S153ST z+ wLt«~ .y r.. t w J Ib*iILA. t LDR o t pfi- y z t -005 SO H C FN T FR yiAc.' is TUC =o �15SST 1900' PARKWAY City of Tukwila T UG 1 S158 Comprehensive v Plan Map TUC o 4 1' P BAKER BLVD w r e W P j Decemter4. 1995 NORTH i_ Wr i o rz :4 STRANDER BLVD a 6 a a TUC r INDU,, �3 i a TRECK DP �a,a f'7 a- r t� _�_r_._r� ?A CPoY COMPREHENSIVE `T w F_J E.:-...A .5 :_ab -_r ix Y Y �Q j o Plan a r G/LI 6 Ce Designations w w LDR- LcvD�sly Re denlial rp O O Harn: Sh 3r,t: tn,t ►r.DRMedimDerstyResvertd CO RATE OR 3 0 SOUTH zz I-CR -1 Dens s- ty Reerti COSTCO BLVD x Use LDR RCC- Resk!errrd Comnvcial Center UP LAN D DR NCG- 1�'yhtalacd C,,,,..X.,al Center RC -Regal Comme:cal .4._f RC1.1- Ramat Ccmmerc al Wed Use g MIDLAND DR TVS-Tu T C-Tukw a Urban Center T s ir Wme dallx rikduslda! S- Tukwia Veey.,xth R C CC o Lt -LLrli Ireusiral p A 1 r4tra -A H! -Heavy II 6!1014.lardat>urng IMustral Cehteni lk Ircus rat TUC TRILAND s 1.11CM-Manufacturrg Irdusral Ceoter,Heay In�rstral ND DR Hanish cr _u�.., C/L Overlays and Sub Areas j I 1 Pu c Reaea n t?:e Iay Har�sr3.= .i,;te =t,_s on-;car Snae':neOieiay S 180 ST OWN. 200' each side et river) LDR MU ,ter 'd- _v1, 111111411112 'darks rryIndustCen: 3 j' I. I c TteTr:.ia Sart Master Flan Area t Tu'sa.4a U.fian Center 1 r s1a Peen §al Anaezatkn krea r r' II i }iaC /L!mis Tukwila GTEC PLan Tukwila CTR Worksites Comprehensive Map Perteet June 15, 2007 Figure B ivosiidico=i —.4 RCM 06 0 4-%.--..-- if fit its 0 El kJ: 1.13 TUC i co 0 '2 -0 TUC Baker Blvd c 0 c a 0 E L v 1 a f co &milder Blvd 2 166 St 1 TUC— TUC corporate -z-c• cn g i ,o Corporate Dr S c C 1 .1, f Minkler Blvd 1 'inland Dr TUC 1 1. "'an"( TUC Saxon Dr .1. i ..r, TUC Triland Dr .0 le :F -0. S 180 St 1 1 Urban Center I -6 o Legend on 1 ea i, ---t Umrs nU 1=} Z I co co .■1■MIN Appenaices A 1561h Southcenter plan Evans Mac Sounder Station - Baker Fatigue technology 16610 Red Cit Corporation Corporard a 8 0 Mender 17500 EQck 0 Mialand 0 Saxon Seale Park 0 Riverside HarrAsh Group nrsh Group Inc Aucess 182nd Legend CTR Saes TUC Bou names Eris Rcutes • Park & Ride Perteet 1 Miles June 15, 2007 Tukwila GTEC Plan Tukwila CTR Worksites Transit Routes and Bus Stops Figure D DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO A GROWTH AND TRANSPORTATION EFFICIENCY CENTER PLAN; AND AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO ADOPT A LOCAL GTEC DESIGNATION FOR THE TUKWILA URBAN CENTER. WHEREAS, with some 21,650 employees, the high concentration of employment in the Tukwila Urban Center (TUC) surpasses the State's Vision 2020 guideline requirement of 15,000 employees for consideration as a Growth and Transportation Efficiency Center (GTEC); and WHEREAS, the designation of the TUC as a GTEC would allow the City of Tukwila to progressively move forward toward a formal State designation for the TUC GTEC; and WHEREAS, the GTEC classification would better position the TUC to receive programmatic support, in the form of technical assistance and alternate transportation mode marketing, for all employers within the TUC to reduce the single- occupancy vehicle (SOV) rates of their employees; and WHEREAS, the City of Tukwila identifies the TUC as a priority area for new and expanding transit services and facility investments to meet rising demands; and WHEREAS, the GTEC Plan reflects the goals of the City's Comprehensive Plan as well as the TUC purpose of bolstering the image of the regional shopping area by creating a more efficient transportation zone; and WHEREAS, the City of Tukwila recognizes that transportation demand management strategies will help efficiently move more people in and out of the TUC; and WHEREAS, the City of Tukwila recognizes that implementing specific programs to reduce SOV and vehicle miles traveled rates are elements in the larger discourse of mitigating the effects of climate change, reducing global warming, reducing energy consumption and traffic congestion, and improving air quality; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Recognizing the importance of transportation demand management as a tool to efficiently move people through congested corridors, the Tukwila City Council adopts a local GTEC designation for the TUC, in order to acquire Washington State Department of Transportation technical and measurement support and future funding to reduce SOV transportation modes in the TUC. PASSED BY THE CITY COUNCIL OF THE C11 Y OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST /AUTHENTICATED: Joe Duffie, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk- Passed by the City Council• Office of the City Attorney Resolution Numb CADocuments and Settings Wll Users1DesktoplKelly \GTEC Plan.doc ML:ksn 2/7/2008 Page 1 of 1 :f City of Tukwila y o Transportation Committee N; .;2i. 1908 TRANSPORTATION COMMITTEE Meeting Minutes January 29, 2008 5:00 p.m. PRESENT Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn Staff: Jim Morrow, Bob Giberson, Maggie Lubov, Jack Pace, Stacy MacGregor, Derek Speck, Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Commute Trin Reduction Ordinance Local Commute Trio Reduction Plan Staff originally presented Commute Trip Reduction (C IR) legislation changes to the Transportation Committee in June 2007 (see Committee minutes dated June 11, 2007). Staff is now returning to Committee to provided follow -up information regarding Tukwila's local CTR plan. Legislative changes made by the state, associated with the CTR plan, are based on highway congestion. Additionally, the C1R responsibility has shifted to jurisdictions to ensure employers carry out appropriate C IR plans. The local plan was certified by Puget Sound Regional Council (PSRC) late last summer, and was reviewed and approved by the governor appointed CTR Board last Friday, January 25. Now that all C1R plans throughout the state as well as Tukwila's local plan have been certified and approved at the state level, staff will be making some minor typographical changes and will return to Committee for a recommendation to adopt the plan and approve an appropriate CTR ordinance. As discussion ensued, Committee members suggested that a separate work session be put together to create a strategy to approach King County regarding Tukwila's transit needs. Chair Linder suggested taking a comprehensive look at the City's needs and involve the full Council. Additionally, Chair Linder mentioned her concerns of including Tukwila residents on the west side of the Tukwila Internal Boulevard highway. The Committee would like to readdress this concern in approximately a month. LNFORMATION ONLY. B. Growth and Transnortation Efficiency Center Also discussed in June 2007, staff has returned to Committee to provide updated information regarding the City's Growth and Transportation Efficiency Center (G 1'EC). The draft GTEC plan for the City focuses on CTR issues within the Tukwila Urban Center as well as future multi family housing units. Although the City's G l'EC was certified by PSRC and the state C 1R board, we did not receive implementation funds from the state. However, staff is requesting that the full Council consider a resolution supporting the City's GTEC plan. If the Council supports the GTEC plan via resolution, the state has offered to provide technical support including baseline measurements of transportation patterns within the Tukwila Urban Center. This technical support will assist the City in strengthening its application for future funding opportunities. Passing a resolution will express support of the plan, not implementation of the plans (which requires funding). UNANIMOUS APPROVAL. FORWARD TO FBERUARY 11 COW MEETING FOR DISCUSSION. COUNCIL AGENDA S I'vOPSIS 4 Si In ?tia/s IJEMNo. l X •k Q c s 1 Meeting Date Prepared by I Mayors review I Council review I 02/11/08 1 BG }La.,- 1 02/19/08 1 BG 1 rs oa I I ITEM INFORMATION CAS NUMBER: 08-020 I ORIGINAL AGENDA DATE: FEBRUARY 11, 2008 AGENDA ITEM TITLE Resolution establishing MSRC to provide the use of a statewide electronic database for the small works roster and consulting services. CATEGORY Discursion Motion Resolution Ordinance n Bid Award Public Hearing Other Mtg Date 02/11/08 Mtg Date Mtg Date 02/19/08 _Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adra Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S This Resolution will contract with Municipal Research Service Center (MRSC) to allow a SUMMARY statewide electronic database for the small works roster and consulting services. We currently advertise annually for contractors to join our rosters with significant staff time. With sharing the rosters statewide, we will have a larger pool of contractors and consultants for our projects. The statewide roster should also increase efficiency, reduce costs and produce better bid results. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 01/29/08 2/04/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve resolution. CoMMrI LEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $400.00 $0.00 Fund Source: 000.13 Public Works Comments: MTG. DATE I RECORD OF COUNCIL ACTION 02/11/08 02/19/08 MTG. DATE I ATTACHMENTS 02/11/08 1 Information Memo dated January 22, 2008 MRSC Rosters Contract Resolution 1 Utilities Committee Meeting Minutes from February 4, 2008 (same as 1/29/08 TC) 02/19/08 1 1 INFORMATION MEMORANDUM To: Mayor Haggerton From: Public Works Director Date: January 22, 2008 U Subject: Municipal Research Service Center Rosters ISSUE Discuss Municipal Research Service Center (MRSC) Rosters. BACKGROUND The City of Tukwila has followed state law in the past by advertising annually for construction contractors to join our Small Works Roster (RCW 39.04.155) and our Consultant Roster (RCW 39.80.030). The City of Lynnwood initiated and developed a shared Small Works Roster in 1997 and a shared Consultant Roster in 2004 as a means to facilitate contracts via Requests for Quotation and Invitations to Bid. The rosters allowed local businesses the opportunity to participate in City business after qualifying via Lynnwood's application process. These rosters were designed as shared rosters and other cities and agencies were invited to participate. Over 100 agencies participated in the City of Lynnwood shared rosters and the contractor base grew to over 1,100 contractors. The City of Lynnwood was approached by three entities wishing to take ownership of the rosters: Municipal Research Services Center (MRSC); Purchasing Technical Assistance Center (P -TAC) via Snohomish Economic Development Council; and ecitygov.net via the City of Bellevue. Lynnwood City Council approved the move to MRSC in June 2007. MRSC has taken over the existing data from Lynnwood and developed the new shared roster site called MRSC Rosters at www.mrscrosters.com. The website includes information on using the site, registration for agencies, contractors and consultants. In order for agencies to join the shared rosters, they require that their model resolution be adopted, a contract be signed, and an annual fee of $400 be paid (based on Tukwila's annual total capital expenses in the range of $20 million). ANALYSIS Advantages to agencies of shared rosters include: Efficiency in government Reduced individual agency staffmg needs Sharing costs with other agencies Access to a much larger pool of contractors and consultants Ease of electronic search and notification More and lower bids from qualified contractors Advantages to contractors and consultants of shared rosters include: Noticeable efficiency in government Access to a much larger pool of City agencies One roster application to many agencies means Iess burden and lower costs for consultants and contractors MRSC Rosters January 22, 2008 Page 2 Because of the advantages of shared rosters' enhanced service to agencies, contractors and consultants, and the fact that MRSC, despite its not for profit status, must cover its development and operations costs, MRSC will charge fees for the shared rosters. Fees for agencies, consultants, and contractors are shown on their respective sign -in Web pages. Contractors and consultants can electronically register free of charge for individual agency rosters, one agency and one service category at a time. Contractors and consultants who opt for the fee -based shared rosters will be able to select all agencies in a given set of geographical areas and several service categories with only a few mouse clicks. In addition, contractors and consultants will be automatically available to new agencies in geographical areas as described. RECOMMENDATION Approve resolution for establishing a shared Small Works Roster and shared Consultant Roster with MRSC and authorize the Public Works Director to sign the contract for an annual fee of $400. Attachments: MRSC Contract Resolution M WS ters :y Advance Agency Registration instructions 1. Fill in the information shown in the attached MRSC Rosters Contract. 2. Secure necessary approvals and /or signatures. 3. Arrange for a check to MRSC Rosters for agency fee amount or wait to pay online. Mail check for annual fee and this form to: MRSC Rosters 2601 Fourth Avenue, Suite 800 Seattle, WA 98121 -1280 4. Fee structure: Agency Fees for Statewide Small Works and Consultant Rosters Total Capital Expenditure Per Year (Million) Annual Fee 50 or more $750 25 to 50 $500 15 to 25 $400 10 to 15 $300 5 to 10 $200 5 or less $100 This fee is based on the total capital expenditures for your agency for the most recent complete fiscal year. Here's how to compute your annual fee: a. For your most recent complete fiscal year, find (or estimate) total capital expenditures for your agency, (Note: For cities this is the total of BARS code lines 594 and 595. Other agencies have similar BARS code lines.) b. Find your fee in the table above. Note: When we go `live', the contact person listed will receive an e-mail with information needed to access the online Agency search functions. MRSC Rosters Contract Page 1 MRSC Rosters Contract Through the signature(s) below, on behalf of (the Agency), the Agency contracts with the Municipal Research and Services Center of Washington (MRSC), a not -for -profit Washington Corporation, to provide the Agency with small public works and consulting services rosters as allowed by RCW 39.04.155 and Chapter 39.80 RCW (MRSC Rosters). The Agency understands that such services are shared with a number of other Local government agencies in Washington State in a spirit of cooperation and to provide for more efficient and cost effective services to their citizens. Signatures By signing this Contract, the signatories below certify that they have the authority to enter into this Contract, that they agree to payment of fees in accordance with the stated fee schedule and that they agree that the Agency shalt be bound by and adhere to the Terms and Conditions stated below. Name Title Date Name Title Date Agency Information Official Name of Agency County Location(s) Malting Address Agency Web Site Address Contact Person Name /Title E -mail Address Telephone Fax Alternate Contact Person Name /Title E -mail Address Telephone Fax Annual Fee (from fee schedule) Terms and Conditions The Agency agrees to use the MRSC Rosters to the fullest extent practical for solicitation of quotes and bids from eligible contractors and for requests for proposals from consultants. The Agency understands, however, that such use is not mandatory and no implication of mandatory use is intended through signing of this contract. The Agency agrees to the following: MRSC Rosters Contract Page 2 MRSC Small Works Roster(s) Agency may use the MRSC Small Works Roster(s) to select contractors for public work projects up to $200,000 in value or as otherwise limited by ordinance or law. The Agency is independently responsible for its own and the contractor's compliance with all additional or varying laws and regulations governing purchases, including all selection taws, retainage and bonds, prevailing wages, and any other appropriate requirements. MRSC, directly or implied, is nota party to any contract for public works construction into which the Agency may enter as a result of the Agency's use of the MRSC Small Works Roster(s). MRSC will advertise the Roster(s) at least annually on behalf of all Agencies, receive and review contractor applications for compliance with basic statutory eligibility requirements, maintain lists of contractors, and make the lists and applications available to the Agency. The Agency shall be independently responsible to determine that the selected contractors are responsible contractors according to the decision and opinion or theAgency. MRSC shall make a preliminary determination of compliance with basic statutory eligibility requirements before placing them on the Roster(s), but the Agency shall make its own determination of contractor responsibility before awarding contracts in whatever manner that the Agency feels is appropriate and consistent with applicable laws and its own policies. The Agency shalt be independently responsible to conduct a quotation or bid process consistent with any ordinance, laws, or requirements of their agency and to issue a contract and /or purchase order directly to the awarded contractor(s). MRSC does not accept responsibility or liability for the performance of any contractor used by the Agency as a result of use of the MRSC Small Works Roster(s). The Agency is independently responsible for any payments directly to any contractor that is employed as a result of use of the MRSC Small Works Roster(s). The Agency hereby agrees to indemnify and hold harmless MRSC, its officers, employees, and agents from any and all claims, actions, costs, damages and expenses of any nature arising out of or in conjunction with any act authorized by this agreement. MRSC Consulting Services Roster(s) The Agency agrees to use the MRSC Consulting Services Roster(s) to select architectural, engineering, and other consultants for interviews and contracts in accord with all applicable taws and regulations governing its own purchases to the fullest extent possible, but such use is not mandatory. The Agency is independently responsible for its own and the consultant's compliance with all additional or varying taws and regulations governing services, including alt selection laws and any other requirements as appropriate. MRSC wilt advertise the Roster(s) at least annually on behalf of all Agencies, will receive and review a firm's applications for completeness, maintain lists of Architects, Engineers, and other consultants and make the lists, applications, and qualifications available to the Agency. The Agency shalt be independently responsible to determine that the selected firms are responsible according to the decision and opinion of the joining agency. The Agency shalt be independently responsible to conduct a consultant selection process consistent with any ordinance, laws, or requirements of the agency and will be independently responsible for issuing a contract and /or purchase order directly to the awarded architects, engineers, and other consulting firm. MRSC does not accept responsibility or liability for the performance of any architects, engineers, and other consulting firm used by the Agency as a result of this Contract. The Agency shalt be independently responsible for any payments directly to the firm that is employed as a result of this Agreement. The Agency hereby agrees to indemnify and hold harmless MRSC, its officers, employees, and agents from any and all claims, actions, costs, damages and expenses of any nature arising out of or in conjunction with any act authorized by this Contract. MRSC Rosters Contract Page 3 DR FT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SMALL WORKS ROSTER PROCESS TO AWARD PUBLIC WORKS CONTRACTS, AND A CONSULTING SERVICES ROSTER FOR ARCHITECTURAL, ENGINEERING AND OTHER PROFESSIONAL SERVICES. WHEREAS, RCW 39.04.155 and other laws regarding contracting for public works by municipalities allow certain contracts to be awarded by a small works roster process; and WHEREAS, in order to be able to implement small works roster processes, the City is required by law to adopt a resolution establishing specific procedures; and WHEREAS, RCW 39.80.030 requires that an agency publish in advance that agency's requirement for professional services, and that one of the ways to accomplish that notification is to announce generally to the public its projected requirements for any category or type of professional services, and request qualification statements to be kept on file with the agency; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. MRSC Rosters. The City Council hereby authorizes the Mayor to enter into contracts with the Municipal Research and Services Center of Washington (MRSC) to adopt for City use those Statewide electronic databases for Small Works Rosters and Consulting Services Rosters developed and maintained by MRSC, and authorizes the Public Works Director to sign that contract. In addition, paper and/ or electronic rosters may be kept on file by appropriate City departments. Section 2. Small Works Rosters. The following Small Works Roster procedures are hereby established for use by the City, pursuant to RCW 39.04.155 A. Cost. The City need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair or improvement of real property where the estimated cost does not exceed $200,000.00, which includes the costs of labor, material, equipment and sales and /or use taxes as applicable. Instead, the City may use the Small Works Roster procedures for public works projects as set forth herein. The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the Small Works Roster process. B. Publication. At least once a year, on behalf of the City, MRSC shall publish in the City's newspaper of record a notice of the existence of the roster(s), and solicit the names of contractors for such roster(s). Responsible contractors shall be added to any appropriate lviRSC roster whenever they submit a written request and necessary records. The City may require the signing of master contracts that become effective when a specific award is made using a Small Works Roster. C:\Documents and Settin3Nll Users\Desktop`.Kelly MSDATA\Resolutions\41RSC rosters.doc MMD:tsn 1!2008 Page 1 of 3 C. Telephone or Written Quotations. The City shall obtain telephone, written or electronic quotations for public works contracts from contractors on the appropriate Small Works Roster to assure that a competitive price is established, and to award contracts to a contractor who meets the mandatory bidder responsibility criteria in RCW 39.04350(1); and the City may establish supplementary bidder criteria under RCW 39.04.350(2). 1. A contract awarded from a Small Works Roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed, as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. 2. Quotations may be invited from all appropriate contractors on the appropriate Small Works Roster. As an alternative, quotations may be invited from at Least five contractors on the appropriate Small Works Roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. "Equitably distribute" means that the City may not favor certain contractors on the appropriate Small Works Roster over other contractors on that roster who perform similar services. 3. If the estimated cost of the work is from $100,000 to $200,000, the City may choose to solicit bids from less than all the contractors on the appropriate Small Works Roster, but must notify the remaining contractors on that roster that quotations on the work are being sought. The City has the sole option of determining whether this notice to the remaining contractors is made by: a. publishing notice in the City's newspaper of record; or b. mailing a notice to these contractors; or c. sending a notice to these contractors by facsimile or email. 4. Any time bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project. 5 A written record shall be made by the City representative of each contractor's bid on the project, and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection and available by telephone inquiry D. Limited Public Works Process. 1. If a work, construction, alteration, repair or improvement project is estimated to cost less than $35,000, the City Council may award such a contract using the limited public works process provided under RCW 39.04.155(3). For a limited public works project, the City will solicit electronic or written quotations from a minimum of three contractors from the appropriate Small Works Roster, and shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010 After an award is made, the quotations shall be open to public inspection and available by electronic request. 2. For limited public works projects, the City may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialrnen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the City shall have the right of recovery against the contractor for any payments made on that contractor's behalf. C:\Docttments and SettinsWl Users Dasktop \KellyiMSDATA'Raolutions\MRSC resters .doc MD:ksn 2/212008 Page 2 of 3 3. The City shall maintain a list of the contractors contacted and the contracts awarded during the previous 24 months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. E. Determining Lowest Responsible Bidder. The City Council shall award the contract for the public works project to the lowest responsible bidder, provided that whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the City may call for new bids. A responsible bidder shall be a registered and /or licensed contractor who meets the mandatory bidder responsibility criteria established by Chapter 133, Laws of 2007 (SHB 2010), and who meets any supplementary bidder responsibility criteria established by the City. F. Award. The Mayor or his designee shall present to the City Council all telephone quotations /bids and a recommendation for award of the contract to the lowest responsible bidder. However, for public works projects under 525,000.00, the Mayor shall have the authority to award those contracts without City Council approval. The City Council shall award all public works contracts for projects over $25,000.00 Section 3. Consulting Services Rosters. A. Consulting Services. Consulting services are professional services that have a primarily intellectual output or product, and include architectural and engineering services as defined in RCW 39.80.020. B. Publication. At least once a year, on behalf of the City, MRSC shall publish in the City's newspaper of record a notice of the existence of the consulting services roster(s), and solicit statements of qualifications from firms providing consulting services. Such advertisements will include contact information (name, email address, phone number and mailing address) for a City representative who can provide further details of the City's projected needs for consulting services. Firms or persons providing consulting services shall be added to any appropriate MRSC roster whenever they submit a written request and necessary records. The City may require master contracts to be signed that become effective when a specific award is made using a consulting services roster. C. Professional Architectural and Engineering Services. The MRSC rosters will distinguish between professional architectural and engineering services as defined in RCW 39.80.020 and other consulting services, and will announce generally to the public the City's projected requirements for any category or type of professional or other consulting services. The City reserves the right to publish an announcement on each occasion when professional services or other consulting services are required by the agency, and to use paper and/ or other electronic rosters that may be kept on file by appropriate City departments. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST/ AUTHENTICATED: HBNTICATED: Joe Duffie, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: C:1Docurnents and SettinsssAll Users\ Desktop Xelly\MSDATA\Rsolutiars\D 1 RSC rosters.doc MD:ksn 2n0008 Page 3 of 3 \MLA pi o .Z{ City of Tukw tux, Utilities Committee 1908 UTILITIES COMMITTEE Meeting Minutes Februa. y 4, 2008 5:00 p.m. Conference Room #r1 PRESENT Councilmembers: Verna Griffin, Chair; Joan Hernandez, and Kathy Hougardy Staff: Jim Morrow, Pat Brodin, Bob Giberson, Mike Cusick, Gail Labanara, Ryan Partee, Rebecca Fox, Jack Pace, Mary Miotke, Rhonda Berry and Kimberly Mate Guests: Chuck Parrish CALL TO ORDER: Committee Chair Griffin called the meeting to order at 4:59 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Resolution for Municipal Research Service Center (MRSC) Rosters Staff is seeking full Council approval for a resolution establishing a shared Small Works Roster and Consultant Roster with Municipal Research Service Center (MRSC). The City of Tukwila maintained its own Small Works and Consultant rosters until 2006 at which time the Council approved utilizing a shared roster which was maintained by the City of Lynnwood. With X over 100 cities participating in Lynnwood's rosters, the contract base has grown to over 1,000 contractors. Due to the size and facilitation of the roster, Lynnwood City Council approved MSRC taking over the maintenance and implementation of the rosters. The program is called MRSC Rosters. In order to participate in MRSC Rosters, interested cities must adopt an appropnate resolution, sign a contract and pay an annual fee of $400. Staff stated a number of benefits resulting from the utilization of this shared roster including: increased government efficiency, larger contract base to draw from and substantial cost savings regarding staff time. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 11 COW FOR DISCUSSION. B. Builders Exchange of Washington Staff shared with Committee that they utilized an online bidding system called Builders Exchange of Washington on several construction projects last year. Utilizing the system was very successful. Online bidding simplifies the bidding process making it more efficient, quicker and easier to access, reduces City printing and postage expenditures and allows for more effective use of front counter staff time. Public Works staff will increase their use of Builders Exchange of Washington's online bidding process throughout this year. LNFORiMATION ONLY. C. Telephone System Study Consultant Selection and Agreement Staff reported that the City is currently working off of five (5) different phones lines throughout all City facilities. The current systems are unreliable, antiquated and do not function well together, lacking system integration. Last November, the City advertised for Statements of Qualifications from telecommunication consultants to provide services for evaluating and replacing the City's current operating system. As a result, Tellink LTD was identified as the most capable consultant for the City's needs. COUNCIL AGENDA SY TOPSIS 4,J-7 S' Initials ITEM No. O f i2 ii 3 I rl/eetinzz Date Prepared by j Mayor's riiew Council review cti wry 02/11/08 I BG, I" 1 02/19/08 1 BG`{rnii") It 1 '9 U I ITEM INFORMATION CAS NUMBER: 08-021 GRIGINAL AGENDA DATE: FEBRUARY 11, 2008 AGENDA ITEM TITLE Southcenter Blvd Water Main Replacement Project Approval of Budget and Change Order No. 2 for $73,000. CATEGORY Discussion Motion Resolution Ordinance I 1 BidArvard Public Hearing L] Other Mtg Date 02/11/08 Mtg Date 02/19/08 Mtg Date Mt Date Alts Date Mtg Date Mtg Date: !SPONSOR Council Major n _Adra Svcs DCD L Finance El Fire Legal P&R Police PIY/ SPONSOR'S This project replaced the water main from Grady Way to Tukwila Pkwy and required SUMMARY crossing the Southcenter Blvd bridge. Crossing the bridge produced an increase in extra labor, materials, equipment and contract time. Due to the overruns, a change order for $73,000.00 is being presented which caused a $49,035.00 budget shortfall. Additional water funds will be available from the water fund's ending fund balance and savings from the Interurban Water Reuse project. REVIE \OWED BY n COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DATE: 02/04/07 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign Change Order No. 2. COMMITTEE Unanimous approval, forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 980,000.00 $930,965.00 $49,035.00 Fund Source: 401.02 Water Fund Comments. MTG. DATE RECORD OF COUNCIL ACTION I 02/11/08 02/19/08 MTG. DATE ATTACHMENTS 02/11/08 Information Memo dated February 6, 2008 (revised after UC) Closeout Budget Analysis 2008 CIP page 81 Utilities Committee Meeting Minutes from February 4, 2008 02/19/08 INFORMATION MEMO TO: Mayor Haggerton FROM: Public Works Director DATE: February 6, 2008 SUBJECT: Southcenter Boulevard Water Main Replacement Project Project No. 98 -WT05, Contract No. 07 -054 Change Order No. 2 Final Settlement Budget Shortfall ISSUE Approval of Change Order No. 2 brings total final project cost over budget. BACKGROUND R.L. Alia Company overran the contract time by approximately 100 days and was initially assessed liquidated damages of over 100,000. Subsequently, R.L. Alia filed a protest and provided additional documentation and details demonstrating that, in a lawsuit, they may be able to show that the plans were not clear enough to allow the bidder to plan for all the intricacies required to install the new water main across the Southcenter Boulevard Bridge through existing knockouts and penetrations without significant extra labor, matenals, equipment and contract time. Subsequently, the final settlement Change Order was negotiated in the amount of $73,000 to compensate R.L. Alia Company for all additional direct labor, equipment and material costs. The final total for the construction contract is estimated to be $871,200. Due to the overruns in time, the base contract of $89,615 for construction management (CM) was increased with Amendment 1 by $12,414 and Amendment 2 is pending at $6,771, for a CM total of $108,800. The attached closeout budget analysis shows that the expenditures exceed the budget amounts by $49,035. ANALYSIS This final settlement Change Order is a fair and equitable complete compensation. Furthermore, this settlement minimizes the risk of a protracted battle with a contractor and eliminates potential litigation costs. An upcoming agenda item for an interlocal agreement with King County Metro includes savings of up to $110,000 for the City of Tukwila. King County will pay for the design and construction if Tukwila agrees to pay for bidding and construction management. See page 81 of the 2008 CIP for proposed savings. RECOMMENDATION Authorize the Mayor to sign Change Order No 2 for $73,000 and approve using ending water fund balance due to savings in the Interurban Water Reuse project to pay for project budget shortfall. Attachments: Closeout Budget Analysis 2008 CIP page 81 P \PROJECTS\A- WT Projects\98wt05 Southcenter BlvaInfo Memo COR2 2 -06 -08 l;C budget paper gl.doc Southcenter Blvd Water Main Replacement Project 98 -WTO5 Closeout Budget Analysis Construction Award Construction Bid Award $764,864 Construction 10% Contingency $76,486 Const. Mgmt Award $89,615 Total Award $930,965 Construction Expenditures R.L. Alia base contract ($703,000 plus tax) $774,200 R.L. Alia C.O. #1 (conduits for Time Warner anc $24,000 R.L. Alia C.O. #2 (final settlement) $73,000 Total Construction $871,200 Construction Management Expenditures Anchor Environmental base agreement $89,615 Anchor Environmental Supplement No. 1 $12,414 Anchor Environmental Supplement No. 2 $6,771 Total Const Mgmt $108,800 Total Expenditures $980,000 BUDGET SHORTFALL (49,035) P' \PROJECTSW- WT Projects \98wt05 Southcenter Blvd \Closeout Budget J CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2008 to 2013 PROJECT: Interurban Water Reuse LINE ITEM: 401.02.594.34. .21 PROJECT NO. 92 -WTO6 DESCRIPTION: Develop water reuse along the Interurban corridor with Class A treated wastewater from the Eastside Reclamation Facility for irrigation, sewer flushing, sweeping, dust control, and other non potable uses. JUSTIFICATION: Using reclaimed water is an element of the Gity's Water Conservation Plan as well as the Cascade Water Transmission and Supply Plan. STATUS: King County Department of Natural Resources (KCDNR) and the City are currently completing the assessment of crossing the river through an old 6° line in order to serve Baker Commodities. MAINT. IMPACT: Future maintenance and operation of the new meters, tracking and preventing cross connections. COMMENT: KC Dept of Natural Resources maintains and operates a distribution pipe from the Eastside (Renton) Reclamation Facility to the golf course. FINANCIAL Through Estimated (in $000's) 2006 2007 2008 2009 2010 2011 2012 2013 BEYOND TOTAL EXPENSES Design 15 5 20 x Land (R/W) 0 Const. Mgmt. 17 17 Construction 13 110 123 I. TOTAL EXPENSES 13 15 132 0 0 0 0 0 0 160 I FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 13 15 132 0 0 0 0 0 0 160 TOTAL SOURCES 13 15 132 0 0 0 0 0 0 160 i f F- Pro ject Location fi 1t-- ,I; ��sost� N j] 4 f� 5 114 9 n 4,! u L i.,..... lb 4 Iwo ''"I r ►�r� "IGIS 01111 TUkwI. 1 3,s4 1 81 Utilities Committee Minutes February 4. 2008 Paae 2 The City will enter into an agreement with Tellink LTD in the amount of $16,000, to conduct a needs analysis, system audit, network infrastructure assessment and equipment identification for the a new citywide telephone system. The funds will be taken from the 303 Fund. Council approval for the contract is not required since the contract is less than $25,000. INFORMATION ONLY. D. Southcenter Boulevard Water Main Change Order No. 2 Budvet Shortfall Staff is seeking full Council approval to utilize the ending Water Fund budget to pay for a project overrun in the Southcenter Boulevard Water Main Replacement Project. Two reasons were identified for the over budget amount: 1. the design of the project was not communicated in the best possible clear and definitive terms from the City to the contractor; and 2 inflation due to rising materials costs. A''''' The project contractor, R.L. Alia, overran the stated contract time by approximately 100 days. They could possibly prove that the extended time was due to reason number one as stated above In response to assessed liquidated damages by the City and contractor expression of a potential lawsuit, staff negotiated a settlement with the contractor rather than induce a lawsuit. The negotiation was to pay the contractor for direct expenditures for labor and material as related to unclear terms of the project design. The contractor's original claim started much higher than negotiated. The project exceeded the budgeted amount by $45,000 The over budget amount will be taken from the ending Water Fund balance. The Water Fund balance will experience a cost saving of approximately $110,000 as a result of an interlocal agreement with King County Metro in the Interurban Water Reuse project. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 11 COW FOR DISCUSSSION. E. Recvclin2 Program Grant Funds Staff is seeking full Council approval for the Mayor to sign and enter into interlocal agreements with the King County Solid Waste Division and the Washington Department of Ecology for grant funding during 2008 -2009 for the Tukwila Recycling Assistance Program. The City is able to maintain and run the Tukwila Recycling Assistance Program through this grant funding which cycles every two years. Monies are received through the Waste Reduction/Recycling Grant (administered by King County) and the Coordinated Prevention Grant (administered by Washington Department of Ecology). The Tukwila Recycling Assistance Recycling Program began in the 1990's and is not supported by the City's General Fund or subscriber based fees; the program is based solely on grant funding. The Program includes residential as well as business based recycling opportunities and other special collection events UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 11 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5.56 p.m. Next meeting: Wednesday, February 19, 2008 5:00 p.m. Conference Room No. 1. 1 Committee Chair Approval Mb Ties b• KAM. Reviewed by BG. 8 COUNCIL AGENDA SIWOPSIS tax f ITEM NO, _4! 1 +O Meeting Date Prepared by 1 Mayor's review Council review 1 02/11/08 BG) /i 1 02/19/08 1 BG 1 7908 1 1 1 ITEM INFORMATION CAS NUMBER: 08-022 ORIGINAL AGENDA DATE: FEBRUARY 11, 2008 AGENDA ITEM TITLE Adopt Ordinance to incorporate the National Incident Management System for Emergency Management. CATEGORY Discussion IYlotion Resolution Ordinance Bid Award Public Heaiing Other Mtg Date 02/11/08 Mtg Date Mtg Date Mtg Date 02/19/08 Mtg Date Mtg Data Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&7R Police PI 'V SPONSOR'S This ordinance will update Tukwila Municipal Code (TMC) Chapter 2.57 to incorporate the SUMMARY requirements of the Incident Management System (ICS) per the National Incident Management System (NIMS) for emergency management. The ordinance will direct that the plans be developed and evaluated for the application of mitigation strategies, preparation, response, and recovery mechanisms. COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA TE: 02/05/08 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt Ordinance to incorporate National Incident Command System. COMMrI FEE 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 02/11/08 02/19/08 1 MTG. DATE ATTACHMENTS 02/11/08 1 Information Memo dated January 29, 2008 1 Ordinance 1 Finance and Safety Committee Meeting Minutes from February 5, 2008 02/19/08 1 I I INFORMATIONAL MEMORANDUM To: Mayor Haggerton From: Director Emergency ManagemenT Date: January 29, 2008 Subject: Tukwila Municipal Code Chapter 2.57 Amendment Issue: Update TMC 2.57 to incorporate the requirements of the National Incident Management System and to institutionalize the utilization of the Incident Command System for all natural and manmade disasters. Discussion: In the past, government action was taken primarily only during a disaster and after a disaster struck. Today, there is a need for a comprehensive emergency management system to be in place at local, state, and federal levels that deals effectively with emergency situations, not only during and after an emergency, but also before it occurs. Dealing with disasters is a continuous and complex job. Through implementation of measures aimed at preventing disasters or emergencies before they occur, timely and adequate response during an actual occurrence, provision of both short and long -term recovery assistance after the occurrence, lives can be saved and property damage minimized. This proposed amendment of TMC Chapter 2.57 incorporates the use of the Incident Management System (ICS) per the National Incident Management System (MYTHS). It directs that plans be developed and evaluated for the application of mitigation strategies, preparation, response, and recovery mechanisms. It recognizes the Mayor's and Council's establishment of the Emergency Management Coordinator position. Recommendation: Forward to Council of the Whole for discussion and the Regular Council for adoption. Chapter 2.57 EMERGENCY MANAGEMENT Sections: 2.57.010 Purpose 2.57.020 Definitions 2.57.030 City Council Duties 2.57.040 Emergency Management Council Created Membership 2.57.050 Emergency Management Council's Powers and Duties 2.57.060 Director's Powers and Duties 2.57.070 Disaster Powers of Director 2.57.080 Emergency Management Organization 2.57.090 Departments, Divisions, Services and Staff 2.57.100 Mutual Aid Agreements 2.57.110 Punishment of Violations 2.57.120 No Private Liability 2.57.010 Purpose The declared purposes of this chapter are to provide for the preparation and implementation of plans, including mock or practice exercises; for the emergency management and protection of persons and property within the City in the event of a disaster; and to provide for the coordination of the emergency and disaster response functions of the City with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with emergency management and disaster activities, including mutual aid activities and mock or practice exercises, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. (Ord. 2018 §1 (part), 2003) 2.57.020 Definitions As used in this chapter, these terms shall be defined as follows: 1. "Emergency Management" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. It includes preparation, mitigation, response and recovery from disasters. It does not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy. 2. "Disaster" includes in its meaning, but is not limited to, extraordinary fire, flood, storm, epidemic, riot, earthquake, enemy attack, sabotage, other emergencies, or similar public calamity. 3. "Preparation" means the active planning, testing, and revising of operational procedures and policies to prepare for a disaster. It includes coordination with local, County, State and Federal agencies to insure cohesive working relationships and compatible emergency plans. 4. "Mitigation" includes risk analysis, review and identification of hazards both natural and man -made, development of strategies to minimize those hazards, and development of resources and capabilities to respond effectively to risks not controlled through conventional methods. 5. "Response" includes the initiation of warnings to potential disasters, initiation of actions necessary to effectively act during a disaster, damage assessment and evaluation, coordination of operations, logistics, and planning activities during a disaster, and documentation of actions taken during a disaster. 6. "Recovery" includes assessment of community needs after an event, prioritizing of actions for recovery, coordination of agencies during recovery, documentation of costs for future recovery of costs, and facilitation of disaster assistance offices in providing the community with efficient mechanisms to obtain Federal, State and local assistance after disasters. (Ord. 2018 §1 (part), 2003) 2.57.030 City Council Duties It shall be the duty of the City Council under the Emergency Management Program to: 1. Give advice and consent to the Mayor regarding appointments made pursuant to TMC 2.57.040. 2. Consider adoption of emergency management mutual aid plans and agreements, and such ordinances, resolutions, rules and regulation as are necessary to implement such plans and agreements as are referred to them by the Emergency Management Council, pursuant to TMC 2.57.050. 3. Approve at the earliest practicable time after their issuance, rules and regulations reasonably related to the protection of life and property which are affected by a disaster, such rules and regulations having been made and issued by the Emergency Management Director pursuant to TMC 2.57.8060. 4. Distribute pursuant to resolution the functions and duties of the City's emergency management organization among the divisions, services and special staff referred to in TMC 2.57.090. 5. Approve mutual aid agreements referenced in and pursuant to TMC 2.57.100. (Ord. 2018 §1 (part), 2003) 2.57.040 Emergency Management Council Created Membership The Emergency Management Council is hereby created, and shall consist of the following: 1. The Mayor, who shall be chairperson. 2. The Director of Emergency Management, who shall be Vice chairperson. 3. All department heads of the City of Tukwila, the Emergency Management Coordinator, and the City Administrator. 4. Such City officials and other citizens with technical expertise in related areas as may be appointed by the Mayor, with the advice and consent of the City Council. (Ord. 2018 §1 (part), 2003) 2.57.050 Emergency Management Council's Powers and Duties It shall be the duty of the Emergency Management Council, and it is hereby empowered, to review and recommend for City Council adoption emergency management and mutual aid plans, and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agree- ments. The Emergency Management Council shall meet upon call of the chairperson or, in the chairperson's absence from the City or inability to call such meeting, upon the call of the vice chairperson. (Ord. 2018 §1 (part), 2003) 2.57.060 Director's Powers and Duties A. The position of Director of Emergency Management is hereby created. The Director of Public Works of the City of Tukwila shall serve in such position ex officio. B. The Director or his /her designee is hereby empowered and directed to: 1. Prepare air Comprehensive E- emergency management operating Plan for the City, conforming to the requirements specified in Chapter 38.52 RCW. To the greatest extent possible, the City plan shall be coordinated with the County and the State Office of Emergency Management plans and programs. To prepare and implement the National Incident Management System. Staff is directed to conduct at least one exercise annually to maintain proficiency in the use of the plan and to review and update the plan annually for needed improvements or revisions. 2. Control and direct the effort of the emergency management organization of the City for the accomplishment of the purposes of this chapter. 3. Direct coordination and cooperation between departments, divisions, services and staff of the emergency management organization of the City, and to resolve questions of authority and responsibility that may arise between them. 4. A. Represent the emergency management organization of I the City in all dealings with public or private agencies pertaining to emergency management and response to disasters. 5. Develop and evaluate emergency plans concerning the application of mitigation strategies, preparation, response, and recovey mechanisms and include such in the City's emergency management activities with various city, county, state, and federal agencies; conduct and evaluate testing of emergency plans; and preside over and guide interdepartmental emergency management planning committees that may be created by the Emergency Management Council. 6. Make appointments to the Emergency Management Council. 7. Make rules and regulations to reasonably protect life, property, and natural resources during an emergency. 8. Prepare for the Mayor's signature any proclamation of local emergency and upon approval transmit it to federal, state, regional, and local agencies. This proclamation authorizes the City to take necessary measures to combat a disaster; protect persons, property, and natural resources; provide emergency assistance to victims of the disaster and exercise powers authorized in RCW 38.52.070. These include, but are not limited to, rationing, curfew, budget law limitations, competitive bidding processes, publication of notices, provisions to the performance of public work, entering into contracts, incurring obligations, employment of temporary workers, rental of equipment, and purchase of supplies and materials. Such proclamation must be sustained by the City Council when practical. 9. Submit, upon approval by the City Council of all plans and programs, including the ordinance codified in this chapter, the same for state review and certification. 10. Command the service and equipment of as many citizens as considered necessary in light of the disaster; provided, that citizens so commandeered shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by state law and federal and state emergency management regulations for registered emergency workers. 11. Execute all the special powers conferred by this chapter or by resolution adopted pursuant thereto, all powers conferred by statute, agreement approved by the emergency Management Council, or by any other lawful authority. (Ord. 2018 §1 (part), 2003) 2.57.070 Disaster Powers of Director In thc cvcnt of o hee fy cmpowcrcd to: a-d issue rulcc and regulations on rnattcrs tcd thc protcction of lifc and property as affcctcd by s -uch dicastcr; N ted, howcvcr, c -ach ruloo a rcgulations must be approved by thc Emergenc=y Managcment Council and confirmcd b-y the City Council at tho oarlioct practicablc timc. 2. Obtain_ vital aupplicc, equIpmen-t a such other propertio., found 2,acl >inc and immediately needed f the protection of thc life a proport -y of thc people, and bind thc City for thc fair value thereof, and, if required immediately, to commandeer thc same for public usc. 3 Require c. o ices of a— y City office or empIeyee, and to co t o aid of---ac, many citizens of this community as he thinks necessary in the e:;ecution of—his duties; such peroa o shall be entitled to all privileges, benefits and immunities as a o provided by state law for registered Emcrgcncy worker volunteers (ao defined by Washington Administrative e T1J 39). 1. Requisition r000ccary pers.:, e-' sr material of any City dc__ rt cnt cr agen o--y. 5. Exc .±to all of the apcoia1 powerc conferred by this chapter o-r by resolution adoptcd pursuant thereto, all powers confcrrcd by statute, ayr anent approved by tha Emergency -r lawful authority. Repealed by Ord. Xxxx [Ord. 2018 $1 (part), 2003] (Ord. 2018 §1 (part), 2003) 2.57.080 Emergency Management Organization All officers and employees of the City, together with those citizens enrolled to aid them during a disaster, and all groups, organizations and persons who may, by agreement or operation of law, including persons pressed into service under the provisions of TMC 2.57.070060 who shall be charged with duties incident to the protection of life and property in the City during such disaster, shall constitute the emergency preparedness organization of the City. (Ord. 2018 §1 (part), 2003) 2.57.090 Departments, Divisions, Services and Staff A. The functions and duties of the City emergency management organization shall be distributed among such departments, divisions, services and special staff as the Director of Emergency Management shall direct. 1 shall r.,rt.oc -ribc B. Prior to t--l=ro adoption of rosolutiono, tic Eretelgei-ey Management Council shall prepare a plan cutting forth: thc form of organization; establishment a-= divisions and scrvicas; t-ko assignment of functiono, duties and powers; and thc designation of officers a os; and submit -tc r- o -o. to thc City Council. (Ord. 2018 §1 (part), 2003) 2.57.100 Mutual Aid Agreements The Mayor shall have the power to sign, on behalf of the City and the Emergency Management Council, mutual aid agreements with other municipalities, the County and other governmental subdivisions which have been approved by the City Council. All previous mutual aid agreements which have been signed by the Mayor are hereby confirmed and ratified, provided the same or parts thereof are not inconsistent with this chapter. (Ord. 2018 §1 (part), 2003) 2.57.110 Punishment of Violations It is a misdemeanor punishable as provided in TMC 1.08.010 for any person, during a disaster, to: 1. Willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed by virtue of this chapter. 2. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if the act is of such a nature as to give or be likely to give assistance to the enemy, or to encourage or assist in theft of or endanger property of inhabitants of the City, or to prevent, hinder or delay the defense or protection thereof. 3. Wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Management. 4. In any manner loot or carry off any items of value during the aftermath of a disaster. (Ord. 2018 §1 (part), 2003) 2.57.120 No Private Liability No individual, firm, association, corporation or other party, owning, maintaining or controlling any building or premises, who voluntarily and without compensation grants to the City a license or privilege or otherwise permits the City to inspect, designate and use the whole or any part or parts of the building or premises for the purpose of sheltering persons during an actual, impending, mock or practice disaster, or their successors in interest, or the agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon the building or premises for the purpose of seeking refuge therein during an actual, impending, mock or practice disaster or test ordered by lawful authority. All legal liability for damage to property or injury or death to persons caused by acts done, or attempted, under color of this chapter and a bona fide attempt to comply therewith, other than acts done in bad faith, gross negligence, or willful misconduct shall be the obligation of the State of Washington. The City is immune from liability under this chapter to the fullest extent allowed by law. (Ord. 2018 §1 (part), 2003) \-z- City C it of Tukwila v f Tu Finance Safety Committee 19 088 FINANCE AND SAFETY COMMITTEE Meeting Minutes February 5, 2008 5 :00 p.m. PRESENT Councilmembers: Dennis Robertson, Chair; Pam Linder and Kathy Hougardy Staff: Jim Morrow, Evie Boykan, Nick Olivas, Mike Villa, Hillman Mitchell, Mayor Haggerton, Rhonda Berry and Kimberly Matej Guests: Chuck Parrish and Jerry Thorton (Water District 125) CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. An Ordinance Amending TMC 2.57 Emergency Management Incorporating the National Incident Command System Staff is requesting full Council approval of an ordinance amending Tukwila Municipal Code (TMC) Chapter 2.57 regarding Emergency Management. The amendment will incorporate the use of the Incident Management System (ICS) per the National Incident Management System (NIMS) and recognize the roles and responsibilities of the City's Emergency Management Coordinator position. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 11 COW FOR DISCUSSION. B. Adoption of the 2007 Comprehensive Emergency Management Plan Staff gave a brief overview of the City's Comprehensive Emergency Plan (CEMP). Due to the implementation of the National Incident Management System (NIMS) the November 2007 CEMP is a complete re -write of the City's previous plan. The plan is set -up to work towards exceeding county, state and federal requirements. Overall, the plan addresses, in broad terms, how we conduct mitigation, education, response and recovery. It also sets policies and organizational structure as to how the City will function as a single unit during a disaster in order to restore City services. At first, staff was going to request full Council adoption via resolution of the City's Comprehensive Emergency Management Plan; however, Jim Morrow explained that the City can implement the plan without formal adoption and there is no requirement to officially adopt the plan. The Committee had a discussion of whether or not to recommend adoption of the plan by full Council. Staff stated that adoption of the plan will make it a public document which could lead to cumbersome notifications of minor, yet frequent plan changes. Based on the information provided, the Committee is recommending that the CEMP, not be adopted through a formal resolution; however, the issue will be forwarded to full Council for discussion and decision. FORWARD TO FEBRUARY 25 COW FOR PRESENTATION AND DISCUSSION. C. Emergency Management Agency Integration Staff explained the relationship and responsibilities of several levels of government during a disaster. The discussion included local, county, state and federal governments and examples of appropriate coordinated efforts of each entity. CO UNCIL A GENDA SYNOPSIS .,�qs cc 4 :y Initials IJJ MNO. o; --r I P1 0 Meeting Date Prepared by 11Ia}or f eviz %v Council review +u ‘C 1 12/10/07 1 BF I A/a"' 1 sik. 0_ 02/11/08 BF 10 1 1 1 A i ITEM INFORMATION I CAS NUMBER: 07-156 08-023 I ORIGINAL AGENDA DATE: DECEMBER 10, 2007 AGENDA ITEM TITLE Starfire Contract Amendment One RE: Agreement number 03 -058 C.viiGORY Discussion Motion n Resolution 1 1 Ordinance Bid Award Public Hearing Other Alts Date 2 /11 /08 Altg Date 2/19/08 Mtg Date lrtg Date 1ltg Date litg Date 2/19/08 lltg Date SPONSOR Council 1 Mayor Adm Svcs DCD Finance Fire n Legal P &R Police PWY/ SPONSOR'S The new Major League Soccer (MLS) club has made a request to locate their home practi SUMNL‘RY schedule at Starfire Sports Complex at Fort Dent. Starfire Sports has made a request to amend the city contract to allow new soccer fields to be constructed at the softball complex that would be used by the MLS club and at times, Starfire participants. Additionally, an amendment was added to address parking issues and allow free parking for Tukwila residents. A public hearing is expected at the 2/19/08 Regular Meeting. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte U Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DA1E: 1/28/08 RECOMMENDATIONS: SPONSOR /ADMIN. Recommends to approve the Starfire Contract Amendment COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EYPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments.. No city funds needed in the proposed amendment MTG. DATE RECORD OF COUNCIL ACTION 12/10/07 Removed from consideration at the meeting 02/11/08 MTG. DATE ATTACHMENTS 2/11/08 Informational Memorandum dated 1/23/08 Amendment to Agreement #03 -058 Full text of Agreement #03 -058 Minutes from the Community Affairs and Parks Committee meeting of 1/28/08 iO:` :.2 Parks and Recreation Department ;o; so' Bruce Fletcher 1 1908 MEMORANDUM TO: Mayor Haggerton Tukwila City Council FROM: Bruce Fletcher, Director of Parks Recreation DATE: January 23, 2008 SUBJECT: Starfire Contract Amendment, Agreement Number 03 -058 The Seattle area has been awarded an expansion Major League Soccer (MLS) franchise that will compete in 2009. The professional soccer team will play their home games at Quest Field but need a practice home. Starfire Sports President, Chris Slatt, and MLS minority owner, Adrian Hanauer, recently met with the Mayor and city staff to discuss bringing the MLS team to Fort Dent for their practice home. Since opening Starfire Sports in Tukwila, Fort Dent Park has become home to thousands of kids, adults and families in the world of soccer. Mr. Hanauer, who is the owner of the Seattle Sounders, has made Starfire the home to the Sounders the past couple of seasons and truly enjoys the soccer atmosphere at Fort Dent. In order for the new MLS team to use Starfire as the clubs home, a new regulation sized grass soccer field and an additional synthetic turf field needs to be constructed. Starfire would also add two smaller modified synthetic turf fields to be available for youth play. Chris Slatt has requested a contract amendment that would make it possible to build the new soccer field at the softball complex and sublease the area to the MLS franchise. When discussing this proposal it was agreed by Mr. Hanauer to provide many hours of volunteer time of the professional athletes at our Tukwila schools and local soccer clubs. Although the construction process will eliminate softball from Fort Dent, it is a fact that many more Tukwila children and adults participate in soccer over softball. This amendment (one) contains information that is new and serves in addition to the original agreement (no. 03 -058). It is the recommendation of the Parks and Recreation Director to authorize the Mayor to approve the Starfire Contract Amendment. nd 12424 42 Avenue South Tukwila, WA 98168 (zo6) 767 -2342 bruce @ci.tukwila.wa.us FIRST AMENDMENT AGREEMENT NUMBER 03 -058 This First Amendment to Agreement "First Amendment amends that certain Agreement entered into effective the 1 day of March, 2003, by and between the City of Tukwila, a Washington municipal corporation "City"), and Starfire Sports, a Washington nonprofit corporation "Starfire recorded under King County Recording Number 20030317001798 "Agreement The City and Starfire have detelniined that it is in their mutual interest to amend Sections 1.9, 4.8 and 5.3 of the Agreement. Accordingly, the City and Starfire agree as follows: 1. Amendment to Section 1.9. Section 1.9 of the Agreement is hereby amended to read as follows: The CITY will provide the parking shown in Exhibit B to support the PREMISES and its operation. However, if any additional parking is required to support the PREMISES and its operation, the CITY and STARFIRE agree to work together to solicit federal, state, or county funding to provision the additional parking. Tukwila residents with proof of residency by state issued identification will not be charged a fee to park during events at Starfire. 2. Amendment to Section 4.8. Section 4.8 of the Agreement is hereby amended to read as follows: Starfire may sublease the softball fields to a not for profit organization to enhance and operate the Facilities' softball fields and make these fields available to City -based leagues and tournaments, as well as regional and national tournaments; in addition, Starfire may convert the softball fields into soccer fields and make these fields available to the youth and adults on teams from the City and surrounding areas or sublease the fields to a professional soccer club or organization. 3. Amendment to Section 5.3. Section 5.3.2 of the Agreement is hereby amended to read as follows: The CITY will be responsible to provide parking shown on exhibit "B" to support the PREMISES and its operations. 4. No Other Modifications. Except as specifically modified by this First Amendment, the Agreement is unaltered and remains in full force and effect. Dated this day of January, 2008. STARFIRE SPORTS CITY OF TUKWILA A not- for profit Washington corporation A Washington municipal corporation By: By: Christopher G. Slatt, Chairman and President Jim Haggerton, Mayor APPROVED AS TO FORM: ATTEST: City Attorney City Clerk 20030317001798 TUKWILA AG 66.00 PAGE 001 OF 048 03/17/2003 12:48 KING COUNTY, WA CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Retum Address: CITY OF TUKWILA Bob Baker, CMC, Deputy City Clerk Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 Document Title(s): AGREEMENT BETWEEN CITY OF TUKWILA AND STARFIRE SPORTS (Including Exhibits A D) Parties: City of Tukwila Other: Starfire Sports A Not For -Profit Washington Corporation (Christopher G. Slat, Chairman President) Legal Description: SW' Sec. 13, Twp 23 N., Rge 4 E., W.M. Govt. Lots 1 2, Sec. 23, Twp 23 N., Rge 4 E., W.M. Govt. Lots 1 5, Sec. 24, Twp 23 N., Rge 4 E., W.M. Tract 36, Second Supplement Map of Renton Shore Lands Blocks 4 -9 12 -17, Gundaker's Interurban Addn. Assessor's Tax Parcel ID #'s: 1323049080, 2323049001, 2423049030 2954900426 AGREEMENT BETWEEN CITY OF TUKWILA AND STARFIRE SPORTS —fit h kei 1 TABLE OF CONTENTS Page ARTICLE 1. RECITALS AND FINDINGS 1 1.1 PARK 1 1.2 INTERGOVERNMENTAL AGREEMENT 1 1.3 PRIVATE OPERATION AND DEVELOPMENT 1 1.4 STARFIRE 1 1.5 FACILITIES 1 1.6 No PARTNERSHIP 2 1.7 PREMISES 2 1.8 CITY POLICE POWER 2 1.9 PARKING 2 1.10 FINANCING 2 1.11 CONTINUED PARK AND RECREATION USE 3 ARTICLE 2. GROUND AND USE GRANT 3 2.1 PREMISES 3 2.2 POSSESSION, QUIET ENJOYMENT COVENANTS 3 ARTICLE 3. TERM OF AGREEMENT 3 3.1 TERM 3 3.2 OPTION TO RENEW 4 ARTICLE 4. STARFIRE OBLIGATIONS 4 4.1 AGREEMENT 4 4.2 NOT FOR PROFIT 4 4.3 INVESTMENT 4 4.4 ATHLETIC CENTER BUILDING 4 4.5 FIELDS TURF 4 4.6 FIELDS GRASS 4 4.7 STADIUM 5 4.8 SOFTBALL FIELDS 5 4.9 EDUCATION SCHOLARSHIPS 5 4.10 CITY 4"` OF JULY CELEBRATION 5 4.11 STARFIRE LIAISON 5 4.12 FACILITIES AND PREMISES 5 4.13 ENTRY BY CITY 6 4.14 HEALTH INSPECTIONS 6 4.15 MAINTENANCE, REPAIR, IMPROVEMENTS 7 4.16 SIGNS 8 4.17 UTILITIES 8 4.18 HAZARDOUS SUBSTANCES 9 4.19 RISK of Loss 9 ARTICLE 5. CITY OBLIGATIONS 10 5.1 AGREEMENT 10 5.2 PICNIC PLAY AREAS STORM WATER 10 5.3 STREETS PARKING 10 5.4 LEVEE- TRAILS 10 5.5 NAMING RIGHTS SIGNS ZONING 10 5.6 DIRECTIONAL SIGNS 11 5.7 LIQUOR LICENSE 11 5.8 PUBLIC SAFETY 11 AGREEMENT 1 50367676.02 5.9 PERMITTING 11 5.10 CITY LIAISON 11 5.11 PROMOTION 11 5.12 FEES AND CHARGES 11 ARTICLE 6. DESIGN CONSTRUCTION OF PRE1VIISES 11 6.1 DESIGN 11 6.2 BUILDING SITE PLANS /ACCESS EASEMENT 12 6.3 CONSTRUCTION /SITE WORK /FENCING 12 6.4 CONSTRUCTION DEADLINES 12 6.5 FAILURE TO MEET CONSTRUCTION DEADLINES /TIME OF ESSENCE 13 6.6 STORMWATER DRAINAGE, SEWER, WATER LINES 13 6.7 DEVELOPMENT AND CONSTRUCTION FEES EXPENSES 13 6.8 NOT A PUBLIC WORKS PROJECT 13 6.9 No LIENS 14 6.10 INSURANCE AND INDEMNIFICATION REQUIREMENTS DURING CONSTRUCTION 14 ARTICLE 7. FINANCING SECURITY INTERESTS 16 7.1 FINANCING No CITY OBLIGATION 16 7.2 MORTGAGES GENERALLY 16 7.3 SECURITY INTEREST IN PREMISES AGREEMENT /CONSENT 16 7.4 LENDER'S RELIANCE ON TERM 17 7.5 SURRENDER OF THE COLLATERAL 17 7.6 NOTICE OF DEFAULT AND LENDER'S RIGHTS 17 7.7 RIGHT TO ASSIGN 18 7.8 DISPOSITION OF INSURANCE 18 7.9 RIGHT TO PARTICIPATE IN LITIGATION 19 7.10 INCORPORATION OF LENDER'S PROTECTION PROVISIONS 19 7.11 RIGHT TO REMOVE COLLATERAL 19 7.12 NOTICES 19 ARTICLE 8. TERMINATION 20 8.1 FAILURE TO PERFORM 20 8.2 DEFAULT 20 8.3 REMEDIES ARE CUMULATIVE 21 8.4 DESTRUCTION OF PREMISES USE OF INSURANCE PROCEEDS 21 8.5 DUTIES UPON TERMINATION 22 8.6 EMINENT DOMAIN 22 ARTICLE 9. GENERAL CONDITIONS 23 9.1 RELATIONSHIP OF PARTIES 23 9.2 NOTICES 23 9.3 REPORTS INFORMATION 24 9.4 PERMITS, LICENSES, TAXES, FEES 24 9.5 INSURANCE 25 9.6 HOLD HARMLESS, INDEMNIFICATION, INDUSTRIAL INSURANCE 26 9.7 SUCCESSORS ASSIGNS 26 9.8 BANKRUPTCY 27 9.9 COMPLIANCE WITH LAWS 27 9.10 NONDISCRIMINATION 27 9.11 CHOICE OF LAW VENUE 28 9.12 COSTS ATTORNEYS' FEES 28 9.13 MODIFICATION 28 9.14 CHANGE IN LAW/RENEGOTIATION 28 9.15 FORCE MAJEURE 28 9.16 WAIVER 29 AGREEMENT li 50361676.02 9.17 ILLEGAL PROVISIONS SEVERABILITY 29 9.18 ARTICLE HEADINGS, GENDER, NUMBER 29 9.19 ENTIRE AGREEMENT 29 9.20 COUNTERPARTS 29 9.21 RECORDING 29 Exhibit A Description of PREMISES Exhibit B Preliminary Building and Site Plans Exhibit C Starfire Sports FACILITIES Exhibit D Legal Description of PARK AGREEMENT 50367676.02 -OS& AGREEMENT THIS AGREEMENT "Agreement is entered into effective the 1 day of March, 2003 (the "EFFECTIVE DATE by and between the CITY OF TUKWILA, a Washington municipal corporation "CITY and STARFIRE SPORTS, a Washington non -profit corporation "STARFIRE The CITY and STARFIRE are referred to collectively as the "PARTIF S." In consideration of the promises, covenants, and provisions set forth in this Agreement, the PARTI FS agree as follows: Article 1. RECITALS AND FINDINGS 1.1 Park. The CITY is owner of the property commonly described as Fort Dent Regional Park (the "PARK legally described in Exhibit D. 1.2 Intergovernmental Agreement. The CITY acquired the PARK through an INTERGOVERNMENTAL LAND TRANSFER AGREEMENT BETWEEN KJ1G COUNTY AND THE CITY OF TUKWILA (January 3, 2003; the, "INTERGOVERNMENTAL AGREEMENT in part as a result of King County's lack of sufficient, stable revenues to manage and maintain its parks, open space and recreational facilities. 1.3 Private Operation and Development. At the time the CITY acquired the PARK from King County, the CITY intended to provide for private operation, maintenance and further development of a portion of the PARK, consistent with the INTERGOVERNMENTAL AGREEMENT. 1.4 STARFIRE. STARFIRE has the experience, ability, and resources to develop and operate park athletic, recreation and associated facilities "FACILITIES at the PARK. STARFIRE intends to develop a regional facility for soccer, softball and other athletic and recreational uses, and to provide scholarships, grants and aid to underprivileged people throughout King County. 1.5 Facilities. The PARTI FS intend this Agreement to be a ground and use concession and licenses granting STARFIRE the exclusive rights to develop, construct, and operate FACILITI HS, as described more fully in attached Exhibit C. STARFIRE may operate AGREEMENT Page 1 of 31 5036767602 /r Cs concessions and impose fees and charges within these areas of the PARK, described herein, and which said PARK areas will remain property of the CITY. 1.6 No Partnership. The PARTIES agree that no joint venture or partnership is foinied as a result of this Agreement. 1.7 Premises. STARFIRE will be responsible for the design and construction of the FACILITIES and exterior landscaping (hereinafter collectively referred to as the "PREMISES blending with the PARK setting. All improvements to the PREMISES will become property of the CITY at the termination of this Agreement. 1.8 City Police Power. By entering this Agreement, the CITY does not waive any of its police power authority and shall retain final permits for the PREMISES. 1.9 Parking. The CITY, and not STARFIRE, will be responsible to provide adequate parking to support the PREMISES and its operations. 1.10 Financing. 1.10.1 STARFIRE will be responsible for obtaining all necessary financing for the development and operation of the PREMISES. 1.10.2 It is mutually understood by the PARTIES that any lender who provides financing to STARFIRE solely for the development and operation of the PREMISES will require this Agreement as protection and security for lender "lender"). The term "lender" shall also mean the successors and assigns of the lender. 1.10.3 The CITY will acknowledge and consent to lender taking a first position security interest in this Agreement and the PREMISES; lender taking an assignment of the right, title, claim and interest of STARFIRE in this Agreement; lender obtaining the right of substitution for STARFIRE, lender taking possession of the PREMISES; lender operating the PREMISES pursuant to the tellus of this Agreement; and/or, lender selling, assigning and/or transferring STARFIRE's interest in this Agreement and/or the PREMISES; AGREEMENT Page 2 of 31 50367676 -02 1.11 Continued Park and Recreation Use. This Agreement and uses authorized herein are consistent in all respects with King County Resolution No. 34571 and the Intergovernmental Agreement. All covenants and restrictions contained in the INTERGOVERNMENTAL AGREEMENT, and deed(s) transferring PARK to CITY are incorporated in this Agreement. Article 2. GROUND AND USE GRANT 2.1 PREMISES. 2.1.1 CITY hereby grants to STARFIRE an exclusive lease and use concession of ground, for the development, construction, and operation, of the PREMISES as described in Exhibit A attached hereto and incorporated by reference. Preliminary building and site plan is shown in Exhibit B, attached hereto and incorporated by reference. Any and all development, construction, and improvements of and to the PREMISES are owned by STARFIRE subject to security interest of lender, if any. At the termination of this Agreement, other than as a result of condemnation proceedings, the then existing improvements to the PREMISES will become the property of and owned by the CITY. 2.1.2 The common address of the PREMISES is 6800 Fort Dent Way, Tukwila WA, 98188. 2.2 Possession, Ouiet Enjoyment Covenants. Except as provided in Articles 4.10 4.13 herein, STARFIRE shall be entitled to exclusive possession and use of the PREMISES upon commencement of the development and construction of the PREMISES as defined by Article 6.4 herein. Upon taking possession of the PREMISES, and subject to STARFIRE's continuing perfolluance and CITY's remedies under Agreement, STARFIRE shall peaceably and quietly have, hold, and enjoy the PREMISES at all times during the full term of this Agreement. Every covenant in this Agreement shall be deemed and treated to be a covenant running with the PREMISES during the full term of the Agreement, and shall extend to the heirs, legal representatives, successors, and assigns of the PARTIES. No change in CITY's ownership of the PREMISES, or rights to the payments hereunder, however accomplished, shall operate to enlarge the obligations or reduce the rights of STARFIRE. No change in CITY's ownership of the PREMISES shall be binding upon STARFIRE for any purpose until STARFIRE shall have been given notice thereof. Article 3. TERM OF AGREEMENT 3.1 Term. The term of this Agreement shall be forty (40) years, commencing upon the EFFECTIVE DATE. AGREEMENT Page 3 of 31 50367676 -02 3.2 Option to Renew. The CITY and STARFIRE may renew this Agreement, contingent upon STARFIRE's full compliance with the terms and conditions of this Agreement and CITY's written agreement to renew. The PARTIES may modify the Agreement during the term, as a condition of renewal, or during a renewal term, consistent with Section 9.13. Article 4. STARFIRE OBLIGATIONS 4.1 Agreement. STARFIRE agrees to the terms and conditions of this Agreement. 4.2 Not For Profit. STARFIRE will serve as the supervisory not- for -profit corporation for enhancement and ongoing operation of the FACILIT I HS. 4.3 Investment. STARFIRE will raise and invest $6 million in capital expenditures for the enhancement of the FACILITIES. 4.4 Athletic Center Building. STARFIRE will construct an athletic center building with two indoor soccer facilities and associated uses to provide training programs, league play, and tournaments to the youth and adults of the CITY and surrounding areas. 4.5 Fields Turf. STARFIRE will construct three new lighted FIFA— sized, championship quality synthetic turf soccer fields and make these fields available to the youth and adults on teams from the CITY and surrounding areas. 4.6 Fields Grass. 4.6.1 STARFIRE will improve and maintain three grass soccer fields and make these fields available to the youth and adults on soccer teams from the CITY and surrounding areas. 4.6.2 STARFIRE will maintain for the CITY the existing, northern most soccer field outside of the PREMISES, consistent with such standards applicable to other grass soccer fields maintained by STARFIRE within the PREMISES. AGREEMENT Page 4 of 31 50367676,02 4.7 Stadium. STARFIRE will install new seating, new FIFA -sized championship quality synthetic turf, and lights for a soccer stadium and make the stadium available to the youth and adult teams from the CITY and surrounding areas. 4.8 Softball Fields. STARFIRE may sublease the softball fields to a not for profit organization to enhance and operate the FACILITIES' softball fields and make these fields available to CITY -based leagues and tournaments, as well as regional and national tournaments. 4.9 Education Scholarships. 4.9.1 STARFIRE will provide athletic skills, educational and development programs. STARFIRE will also provide team fee scholarships for disadvantaged youths from the CITY and surrounding areas. 4.9.2 STARFIRE, as part of it's community involvement program, will provide scholarships, grants, awards, and other benefits to the underprivileged. The CITY shall be entitled to designate scholarship recipients up to an aggregate amount equal to 12% of the amount set aside annually by STARFIRE for such scholarships but not to exceed S25,000 per year. Amounts not designated by the CITY in a calendar year shall be available for designation by STARFIRE throughout the community. Additionally, the CITY may request STARFIRE's consideration of requests in excess of the amounts set forth in this section for STARFIRE's discretionary scholarship and award program. 4.10 City 4th of July Celebration. STARFIRE will make all outdoor fields within the PREMISES available for use by the CITY during the annual 4 of July celebration. 4.11 STARFIRE Liaison. Upon request by CITY, STARFIRE will provide a dedicated contact person and liaison with the CITY for all permit and license applications, changes, and variances to complete the FACILITIES in an expedited manner. 4.12 Facilities and Premises. STARFIRE will be fully responsible for all costs of improvement, operation and maintenance of the PREMISES, except as described in Section 5, below. 4.12.1 Incidental Uses AGREEMENT Page 5 of 31 50367676.02 STARFIRE may provide and/or authorize concessions, to include but not be Limited to food and beverages; sale of incidental items directly related to the use of the FACILITIES including, but not limited to, athletic equipment, clothing, awards and related merchandise; soap, shampoo, sundries and supplies; and, day- care/babysitting, fitness, training and gym activities. 4.12.2 Security and Nuisance During Use STARFIRE shall take reasonable precautions in securing the PREMISES during the full term of this Agreement. STARFIRE shall use the PREMISES for no unlawful purposes and shall not use or occupy the PREMISES in any manner, which would constitute a public nuisance or violate State or CITY laws. 4.12.3 Operating Hours Activities The availability of recreational opportunities for CITY residents is a material consideration for this Agreement. Accordingly and during the full term of this Agreement, STARFIRE shall continuously conduct and carry on STARFIRE's permitted uses and shall keep the PREMISES open for business and cause STARFIRE's business to be conducted therein during the usual business hours of each and every business day as mutually agreed upon. This provision shall not apply if the PREMISES should be closed and the business of STARFIRE is temporarily suspended on account of labor strikes, lockouts, or similar causes beyond the reasonable control of STARFIRE, or for maintenance, remodeling, repair, or renovation as approved by the CITY in writing (including approvals of any construction schedules.) STARFIRE covenants and agrees to provide sufficient personnel, and to keep the PREMISES adequately stocked with merchandise, recreational equipment, fixtures, and facilities so as to conduct its business in accordance with sound business practice. STARFIRE, in order to keep its business commitments, shall be in operation in accordance with sound business practice. 4.13 Entry by CITY. CITY may enter the PREMISES at all times to inspect; provide services required hereunder; post notices of STARFIRE's noncompliance with the provisions of this concession, all without being deemed a constructive eviction. Any person or persons who may have an interest in the purpose of CITY's visit may accompany CITY. CITY has the right to use any and all means that CITY deems proper to open doors and gates in an emergency in order to obtain entry to the PREMISES. 4.14 Health Inspections. STARFIRE shall not knowingly commit or willfully permit to be committed any act or thing contrary to the rules and regulations prescribed by the local board of health, or which shall be contrary to the laws, rules or regulations of any federal, state or municipal authority. STARFIRE shall allow the King County Health Department to make AGREEMENT Page 6 of 3l 50367676.02 regular and ordinary inspections of the PREMISES as said health department may deem proper. 4.15 Maintenance. Repair. Improvements. 4.15.1 Maintenance STARFIRE shall, at its sole cost and expense, clean and maintain the PREMISES, and make repairs, restorations, and replacements to the PREMISES, including without limitation the heating, ventilating, air conditioning, mechanical, electrical, and plumbing systems, structural roof, walls, and foundations, roof coverings, sprinkling and irrigation systems, playing surfaces and the fixtures and appurtenances to the PREMISES as and when needed to preserve them in "first class" condition and repair (less normal wear from use) throughout the full temu. STARFIRE shall further keep in repair and maintain as necessary all machinery, equipment and facilities necessary for the playing of sports and the comfort of players. STARFIRE shall paint the exterior of the buildings (except the metal) with such frequency as may be required to maintain their good, clean appearance. All such repairs, restorations, and replacements will be in quality and workmanship at least equal to the original work or installations. If STARFIRE fails to make such repairs, restorations, or replacements within ninety (90) days of written notice by CITY, CITY may make them at the expense of STARFIRE and such expense will be paid by STARFIRE within fifteen (15) days after delivery of a statement for such expense. 4.15.2 Sidewalks Maintenance At its sole cost and expense, STARFIRE shall maintain any sidewalks on the PREMISES in good and presentable condition during the full term of this Agreement, shall be responsible for correcting any unsafe conditions, and shall be responsible for the removal of ice and snow from the sidewalks. 4.15.3 Janitorial Services At its sole cost and expense, STARFIRE shall keep the PREMISES clean, and shall provide sufficient janitorial services to maintain a tidy appearance on and about the PREMISES. STARFIRE shall provide landscaping maintenance services such that landscaping on the PREMISES remains healthy, attractive, and well maintained. 4.15.4 Repair of Damage In the event any damage or injury shall occur to the PREMISES of any kind or nature whatsoever, STARFIRE shall promptly cause said damage or injury to be fully repaired at STARFIRE's own cost and expense. In the event STARFIRE fails to accomplish such repairs within fifteen (15) days of receipt of written notice by the CITY, then in that event CITY may, but is not required to, enter the PREMISES and accomplish such repairs and bill STARFIRE who will pay the bill within fifteen (15) days after delivery of a statement for such expense. AGREEMENT Page 7 of 31 50367676.02 4.15.5 Improvements STARFIRE shall be solely responsible for providing adequate funding for any alterations or improvements as provided in this Agreement and such alterations or improvements shall be made without cost to the CITY, except as provided in Section 5.3. 4.15.6 Alterations of PREMISES after Construction After such time as the PREMISES have been completed and accepted as defined above, STARFIRE shall not make any material alteration to the PREMISES including any changes to the landscaping, without the CITY's prior written consent, such consent to not be unreasonably withheld. 4.16 Signs. STARFIRE may place and maintain signs upon the PREMISES in accordance with the sign ordinance of the CITY. 4.17 Utilities. 4.17.1 Utility Services and Expense STARFIRE will pay for all water, gas, garbage, sewage, electricity, telephone, and other utilities and communications services used by STARFIRE on the PREMISES, whether or not such services are billed directly to STARFIRE. STARFIRE will also procure, or cause to be procured, without cost to the CITY, any and all necessary permits, licenses, or other authorizations required for the lawful and proper installation and maintenance upon the PREMISES of utility appurtenances and appliances for use in supplying such utilities and services to and upon the PREMISES. The CITY, upon request of STARFIRE, and at the sole expense and liability of STARFIRE, will join with STARFIRE in any application required for obtaining or continuing any such services, provided that such services do not violate any other applicable provision of this Agreement. The CITY shall not be held liable for any injury, loss, or damage caused by or resulting from any interruption or failure of utility services due to any cause whatsoever, except the CITY's sole negligence. STARFIRE shall not be entitled to any offset, reduction, or return of consideration as a result of any interruption or failure of services. 4.17.2 Trash Garbage STARFIRE shall place all trash and garbage into such areas and containers as are designed and intended to accommodate the trash and garbage generated within or on the PREMISES. STARFIRE shall not allow trash and /or garbage to accumulate such that a nuisance or health hazard results. AGREEMENT Page 8 of 31 50367676.02 4.18 Hazardous Substances. 4.18.1 Definition As used herein, the term "Hazardous Substance" means any hazardous, toxic, or dangerous substance, waste, or material, which is or becomes regulated under any federal, state, or local statute, ordinance, rule, regulation, or other law now or hereafter in affect pertaining to environmental protection, contamination, or cleanup. 4.18.2 Information STARFIRE shall keep upon the PREMISES, in a location accessible to CITY, on request during normal business hours, copies of all reports regarding hazardous or toxic materials in the PREMISES that STARFIRE has provided to any governmental agency in the previous quarter. STARFIRE shall, upon request by CITY and at STARFIRE's expense, provide CITY with a copy of any such report. In the event of any accident, spill, or other incident involving hazardous or toxic matter that STARFIRE is required to report to any governmental agency, STARFIRE shall immediately report the same to the CITY and supply CITY with all information and reports with respect to the same, together with STARFIRE's clean -up or remediation plan and schedule. If such clean -up or remediation plan is not acceptable to CITY in CITY's sole discretion, CITY may so notify STARFIRE and, upon 48 hours prior written notice (or without notice if so required by an emergency) may enter on the PREMISES to conduct the cleanup or remediation and charge STARFIRE the costs thereof. All information described herein shall be provided to CITY regardless of any claim by STARFIRE that it is confidential or privileged, provided that the CITY shall not publish or disclose the information to any third party except as pursuant to Chapter 42.17 RCW. 4.18.3 Indemnification STARFIRE agrees to hold hatmless, protect, indemnify, and defend CITY from and against any damage, loss, claim, or liability, INCLUDING Attorney's fees and costs, resulting from STARFIRE's use, disposal, transportation, generation, and/or sale of any Hazardous Substances. The CITY agrees to hold harmless, protect, indemnify, and defend STARFIRE from and against any damage, loss, claim, or liability, including attorney's fees and costs, resulting from (a) Hazardous Substances existing on the PREMISES as of the EFFECTIVE DATE of this Agreement; or (b) Hazardous Substances thereafter used, disposed of, or generated on the PREMISES by the CITY. These indemnities will survive the termination of this Agreement, whether by expiration of the Term or otherwise. 4.19 Risk of Loss. All personal property of any kind or description whatsoever on the PREMISES shall be at STARFIRE's sole risk, and CITY shall not be liable for any damage done to, AGREEMENT Page 9 of 31 50367676.02 or loss of such personal property. However, STARFIRE is not responsible for losses or claims of stolen property during the CITY's use periods. Article 5. CITY OBLIGATIONS 5.1 Agreement. CITY agrees to the terms and conditions of this Agreement. 5.2 Picnic Play Areas Stormwater. The CITY will maintain all existing picnic, barbecue, restrooms, play and other community- access areas located within the PARK that are not part of the PREMISES, including water retention facilities and lift stations, consistent with such standards applicable to other municipal parks owned and operated by the CITY. 5.3 Streets Parking. 5.3.1 The CITY will maintain all streets, bridges, and parking areas, including landscaping, located within or adjacent to or providing access to and egress from the PARK and the PREMISES, consistent with applicable CITY standards. 5.3.2 The CITY will be responsible to provide adequate parking to support the PREMISES and its operations. 5.4 Levee Trails. The CITY will maintain, or cause to be maintained by others, the levee and trails outside the PREMISES but within the PARK, consistent with applicable CITY and King County standards. 5.5 Naming Rights Signs Zoning. 5.5.1 The CITY grants to STARFIRE all rights to PREMISES naming, and advertising. Provided, however, the reference "Tukwila," "City of Tukwila," or other reference to "Tukwila" as approved by the CITY shall be incorporated into names and signage when feasible. The CITY agrees to work with STARFIRE to modify the sign code to facilitate appropriate signage for the PREMISES and its events. 5.5.2 The CITY agrees to work with STARFIRE to modify the zoning code to facilitate the development of any FACILITIES not otherwise permitted outright under the zoning code. AGREEMENT Page 10 of 31 5036767602 5.6 Directional Signs. The CITY will install directional signage to the FACILITTFS as appropriate in various locations throughout the CITY. 5.7 Liauor License. The CITY will support STARFIRE obtaining a liquor license for the FACILITIES through the established City Council approval process. 5.8 Public Safety. The CITY will provide police and fire services to the PARK and the PREMISES consistent with applicable CITY standards. 5.9 Permitting. The CITY will attempt to expedite all permits, licenses and other municipal approvals required for completion and operation of the FACILITIES. 5.10 City Liaison. The CITY will provide a dedicated contact person and liaison with STARFIRE for all permit and license applications, changes, and variances to complete the FACILIT I HS in an expedited manner. 5.11 Promotion. The CITY's tourism and marketing department will use its best efforts to promote and support the FACILITIES within the business community for the benefit of CITY and the enhanced recreational use of the PARK. 5.12 Fees and Charges. CITY grants and authorizes STARFIRE to establish and collect rents, fees and charges, and retain all revenues, including special event/tournament parking revenues, for use of FACILIT! HS; excluding the 4 of July. Provided, however, STARFIRE will be subject to the City Parking Tax. Article 6. DESIGN CONSTRUCTION OF PREMISES 6.1 Design. 6.1.1 STARFIRE shall retain a licensed architect or licensed professional engineer, registered in the State of Washington, who shall design the FACILITJ HS and exterior landscaping (the PREMISES), which shall visually blend with AGREEMENT Page 11 of 31 50367676.02 the setting. The CITY shall have the right to approve the final design of the PREMISES consistent with established CITY zoning and/or design code. 6.1.2 Where required by applicable provisions of law, STARFIRE shall comply with the Americans with Disabilities Act of 1990 (ADA) in the design, construction, and operation of the PREMISES. 6.2 Building Site Plans /Access Easement. STARFIRE shall retain a licensed architect or licensed professional engineer, registered in the State of Washington, to prepare building and site plans for the PREMISES, which shall reference the structure, utilities generally, and landscape plan. The CITY shall have the right to approve the final building and site plans, such approvals to not be unreasonably withheld. Upon its approval of the final building and site plans, the CITY will grant to STARFIRE an access easement from the PREMISES to the public right -of -way. Upon being granted, the access easement shall run for the term of this Agreement and shall be part of the PREMISES. 6.3 Construction /Site Work/Fencing. STARFIRE shall be solely responsible for all development and construction of the PREMISES and shall be responsible for the site work, all required pennits and grading. STARFIRE shall properly barricade the work area and install signage directing unauthorized person from entering onto the building site during any phase of development or construction. Unless otherwise agreed fencing shall be placed around the work area. In addition, the building site shall be kept in a clean and organized condition during development periods. STARFIRE shall be responsible for site security, traffic and pedestrian warnings at the site during the development and construction phases. 6.4 Construction Deadlines. 6.4.1 STARFIRE shall be required to commence development of the PREMISES within six (6) months of the EFFECTIVE DATE of this Agreement. Commencement of development of the PREMISES is defined as that date upon which STARFIRE files its first application for a project permit, as defined in RCW 36.70B.020(4). 6.4.2 STARFIRE shall be required to complete the development and construction of the PREMISES within one (1) year of the EFFECTIVE DATE of this Agreement. Completion of the development and construction of the PREMISES is defined as that date upon which all final occupancy permits are obtained by STARFIRE for all structures on the PREMISES. 6.4.3 STARFIRE may phase construction of FACILITIES on the PREMISES. PROVIDED, within one (1) year of commencement of construction, the FACILITIES shall have completed construction sufficient to provide, for use under this AGREEMENT Page 12 of 31 50367676.02 Agreement, athletic and recreation fields in a condition and to an extent in excess of that provided at PARK as of the EFFECTIVE DATE. 6.5 Failure to Meet Construction Deadlines /Time of Essence. 6.5.1 Except as provided in Section 9.15 herein, it is mutually understood and agreed that failure by STARFIRE to meet the development and construction deadlines shall constitute a material breach of this Agreement by STARFIRE and the CITY, at its option, can teuiiinate this Agreement for cause pursuant to Article 8. Time is of the essence with this Agreement. 6.5.2 Notwithstanding Section 6.4 and 6.5.1, STARFIRE's obligation to commence construction shall not begin until the CITY has issued its building permit for the FACILITIES. 6.6 Stormwater Drainage, Sewer, Water Lines. STARFIRE will be responsible for relocating stolin drains, sewers, and water lines to the PREMISES, as required to complete development and construction of the PREMISES. 6.7 Development and Construction Fees Expenses. 6.7.1 STARFIRE shall be responsible for obtaining and paying for necessary permits, fees, and expenses associated with the development and construction of the PREMISES. In addition, STARFIRE shall be responsible for any additional costs for inspections billed to the CITY by any government agency, including but not limited to the City of Tukwila, King County, or the State of Washington. 6.7.2 Notwithstanding Section 6.7.1, STARFIRE shall not be obligated to pay permit fees, CITY utility connection charges (if any), and expenses, including any transportation impact or environmental mitigation fees in an aggregate amount in excess of 100,000.00 excluding utility meter fees. CITY shall be responsible for any such fees in excess of the amount set forth in this Section 6.7.2. 6.8 Not a Public Works Project. 6.8.1 The development and construction of the PREMISES is not a public works project requiring the payment of prevailing wages. STARFIRE is the developer and the CITY is not an owner, partner, joint venturer, nor maintains any other business relationship with STARFIRE. The CITY is not involved with, nor has any responsibilities for, the bidding, contracting or operations of the PREMISES and will occupy no space in or enjoy use of the PREMISES. STARFIRE does not deem itself required to pay prevailing wages nor will STARFIRE be obligated to pay or to contract for prevailing wages or any other standard of payment controls associated with this project. This provision is a material part of the consideration for this Agreement. AGREEMENT Page 13 of 31 50367676.02 6.8.2 The project signage and all literature, advertising by either the CITY or STARFIRE shall not indicate in any manner that this is a CITY project, contract, or other misleading statement indicating that this project is a public work project directly or indirectly. 6.9 No Liens. Except liens and encumbrances of any lender pursuant to Article 6 herein, it is mutually understood and agreed that STARFIRE shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any mariner to bind, the interest of the CITY in the fee interest in the PREMISES retained by CITY or the PARK, or to charge the rentals payable hereunder for any claim in favor of any person dealing with STARFIRE, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the right and interest granted to STARFIRE by this Agreement. If any such liens are filed, CITY may, without waiving its rights and remedies for breach, and without releasing STARFIRE from its obligations hereunder, require STARFIRE to post security in foiiu and amount reasonably satisfactory to CITY or cause such liens to be released by any means CITY deems proper, including payment in satisfaction of the claim giving rise to the lien. STARFIRE shall pay to CITY upon demand any sum paid by CITY to remove the liens. Further, STARFIRE agrees that it will save and hold the CITY harmless from any and all loss, cost, or expenses based on or arising out of the asserted claims or liens, except those of the lender, against this Agreement or against the right, title, and interest of the CITY in the PREMISES and the PARK or under the turns of this Agreement, including reasonable attorney's fees and costs incurred by CITY in removing such liens, and in enforcing this paragraph. Additionally, it is mutually understood and agreed that this paragraph is intended to be a continuing provision applicable to future repairs and improvements after the initial construction phase. 6.10 Insurance and Indemnification Requirements During Construction. 6.10.1 Indemnification Hold Harmless STARFIRE shall require its construction contractors and subcontractors to defend, indemnify and hold the CITY, its officers, officials, employees and volunteers haiinless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. 6.10.2 Commercial General Liability Insurance STARFIRE shall require its construction contractors to procure and maintain, for the duration of construction of the facility, insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of AGREEMENT Page 14 of 31 50367676,02 the work hereunder by the construction contractors and subcontractors, their agents, representatives, employees or subcontractors. All said policies shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policies except upon thirty (30) days prior written notice to the CITY. STARFIRE shall require its construction contractors to maintain minimum commercial general liability insurance limits of no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products completed operations aggregate limit. 6.10.3 Builders Risk Insurance STARFIRE shall require its construction contractors to procure and maintain, for the duration of construction of the facility, Builders Risk insurance covering interests of the CITY and the construction contractor in the work. Builders Risk insurance shall be on a all -risk policy faun and shall insure against the perils of fire and extended coverage and physical oss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the construction contractor. Higher deductibles for flood and earthquake perils may be accepted by the CITY upon written request by STARFIRE and written acceptance by the CITY. Any increased deductibles accepted by the CITY will remain the responsibility of the construction contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by STARFIRE. STARFIRE shall require its construction contractors to maintain Builders Risk insurance in the amount of the completed value of the project with no coinsurance provisions. 6.10.4 Subcontractors STARFIRE shall require its construction contractors to include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the construction contractor. 6.10.5 Verification of Coverage STARFIRE shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Commercial General Liability insurance of the construction contractor before commencement of the work. Before any exposure to loss may occur, STARFIRE shall file with the CITY a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. AGREEMENT Page 15 of 31 50367676.02 Article 7. FINANCING SECURITY INTERESTS 7.1 Financing No CITY Obligation. STARFIRE shall be solely responsible for all financing requirements for all construction, maintenance, repairs, or subsequent improvements to the PREMISES. The CITY shall be under no obligation directly or indirectly to pay for any labor, material, or improvement associated with the PREMISES except as provided herein or mutually agreed upon. STARFIRE shall, in applying and obtaining financing, inform any lender that the CITY has no financial obligations associated with the construction, maintenance, repairs or subsequent improvements to the PREMISES. 7.2 Mortgages Generally. STARFIRE, and its successors and assigns, shall have the unrestricted right to mortgage its interests under this Agreement, subject, however, to the limitations herein. As used herein, "Leasehold Mortgage" shall include any such mortgage(s) or deed(s) of trust on the Estate created by this Agreement; "Purchase Money Mortgage" shall include any Mortgage granted to STARFIRE (or STARFIRE's successors) in connection with the sale of the interest in this Agreement; and "Estate" shall mean the estate of STARFIRE created by this Agreement upon and subject to all the terms and conditions of this Agreement. Any such Mortgage shall be subject to the rights of CITY hereunder in accordance with all the teiuis and conditions of this Agreement. In no circumstances and under no condition shall CITY's fee interest in the PARK be encumbered by, subject to or subordinate to a Mortgage. 7.3 Security Interest in PREMISES Agreement /Consent. The CITY consents to the grant, transfer, pledge and assignment of any and all right, title, claim, interest of STARFIRE in and to this Agreement and in the PREMISES, and in any building facility, personal property and fixtures in the PREMISES "Collateral to lender for financing purposes. The CITY shall recognize lender's first priority security interest in the Collateral and the CITY hereby subordinates any and all interest of the CITY in said Collateral to lender. STARFIRE acknowledges that the CITY will not grant any security interest to any lender in CITY real property nor will the CITY allow any encumbrance of any kind or nature whatsoever upon, or in any manner on its title to CITY real property. In the event of default by STARFIRE to lender, in addition to all its rights and remedies available at law and equity, lender may enforce and/or foreclose its security interest/interests in the Collateral. CITY agrees that in connection with any such default, and all without further consent of CITY, lender may: 7.3.1 Acquire STARFIRE's interest in the Collateral either by a deed in lieu of foreclosure or actual foreclosure; AGREEMENT Page 16 of 31 50367676.02 7.3.2 Rent and/or grant a ground and use concession of the PREMISES subject to this Agreement pending foreclosure of the Collateral by lender; 7.3.3 Assign, sell and/or transfer the Collateral in whole or in part to any person or entity; 7.3.4 Take possession of any or all of the Collateral, obtain right of substitution for STARFIRE and operate said Collateral; and/or 7.3.5 Appoint a receiver. 7.4 LENDER's Reliance on Term. The CITY acknowledges that STARFIRE, in making application for financing, may be required to have an assurance that the terms of this Agreement will extend beyond the term of the financing term. By its signature to this Agreement, the CITY confilius its authority to provide the forty (40) year Agreement teiiu conditioned solely upon STARFIRE maintaining current payments and remaining in full compliance with the terms and conditions of this Agreement. Additionally, the CITY acknowledges that, after any original financing commitments by STARFIlZE have been satisfied, these financing provisions shall be applicable to all future advances or financing required by STARFIRE and used solely for the improvements and repairs of the PREMISES. 7.5 Surrender of the Collateral. No surrender of Collateral or the PREMISES subject to this Agreement or any other act of STARFIRE shall be deemed to teiininate this Agreement. CITY will not terminate this Agreement voluntarily by agreement with STARFIRE unless lender has been previously notified in writing and has consented to the termination in writing. This Agreement shall not be amended or modified unless lender has been previously notified in writing and has consented to such amendment or modification in writing. 7.6 Notice of Default and Lender's Rights. 7.6.1 Notice of Default If STARFIRE defaults under this Agreement or if any event occurs which would give CITY the right to terminate, modify, amend or shorten the term of this Agreement, CITY shall take no steps to exercise any right it may have under this Agreement without first giving lender written notice of such default in accordance with Article 7.12 below. A copy of each and every notice of default served or sent by CITY or its agent to or upon STARFIRE pursuant to this Agreement shall be sent contemporaneously to lender in accordance with Article 7.12 below. Such notice of default shall specify the event or events of default then outstanding and the time period at the end of which the indicated action would become effective. AGREEMENT Page 17 of 31 50367676.02 4 7.6.2 Termination for Monetary Default If the notice of default given by CITY to lender relates to a monetary default and STARFIRE has not cured such monetary default within thirty (30) days after lender receives the notice and STARFIRE's failure to cure results in CITY desiring to terminate this Agreement, CITY may terminate this Agreement if such monetary default is not cured by either STARFIRE or lender within forty -five (45) days after lender receives the notice of default. 7.6.3 Termination for Non-Monetary Default If the notice of default given by CITY to lender relates to a non monetary default and STARFIRE has not cured, or diligently pursued curing, such non monetary default within thirty (30) days after lender receives the notice, CITY shall take no action to telininate this Agreement if: a. Within sixty (60) days after CITY's notice to lender regarding STARFIRE's failure to cure (or failure to diligently pursue a cure) lender notifies CITY of its intent to realize upon its security interest and commences realization within sixty (60) days thereafter, and diligently pursues realization; and b. Lender pays CITY at time of notification all monies or perfoiinances due that may be in default up to the day lender notifies CITY of lender's intent and further pays or perfoinis all consideration that accrues during the period after lender so notifies CITY and completes such other performances that may be required or come due under this Agreement. CITY shall not terminate this Agreement because of STARFIRE's breach of any Willis of this Agreement relating to the solvency of STARFIRE or the institution of any bankruptcy, insolvency, receivership or related action by or against STARFIRE as long as lender cures any default under this Agreement by STARFIRE as provided herein, except that lender shall not be required to cure any defaults relating to solvency of STARFIRE. 7.7 Right to Assign. Lender shall have the right to assign its interest in the Collateral. Upon the purchaser's, assignee's or transferee's assumption and agreement to perform and be bound by all of the Willis of this Agreement, lender shall be relieved from further liability under this Agreement. If a lender finances the purchaser, assignee or transferee, said lender shall be subject to all obligations as set forth in this Agreement. 7.8 Disposition of Insurance. Should the Collateral suffer any loss which is covered by casualty insurance, and the insurance proceeds are used to restore any improvements made by STARFIRE, CITY AGREEMENT Page 18 of 31 50367676.02 agrees that STARFIRE and lender shall have the right to such proceeds so long as none of CITY's property, utilities or other services therein are damaged or such damages are repaired. In the event the CITY's land is substantially damaged and STARFIRE's improvements have been repaired, CITY shall only participate in the insurance proceeds to the extent necessary to repair and restore CITY'S land and any of CITY's improvements on or in the ground to the same condition the land was at the commencement of this Agreement, or in the same condition at the time of the casualty. Other than as described herein, CITY shall have no claim to insurance proceeds that are attributable to STARFIRE's interest in the Collateral. 7.9 Right to Participate in Litigation. Lender shall have the right to participate in any litigation, arbitration or dispute directly affecting the Collateral or interest of STARFIRE or lender therein, including, without limitation, any suit, action, arbitration proceeding, condemnation proceeding or insurance claim. CITY, upon instituting or receiving notice of any such litigation, arbitration or dispute will promptly notify lender of the same. 7.10 Incorporation of Lender's Protection Provisions. Lender shall be a beneficiary of all rights of STARFIRE herein including but not limited to the warranty, indemnity, hold hauuless, choice of law and venue, costs and attorney's fees as provided herein. 7.11 Right to Remove Collateral. In the event lender exercises its rights under its Collateral and realizes upon the Collateral, CITY agrees that lender is entitled to remove the Collateral, including but not limited to building facility, furniture, movable trade fixtures and equipment, from the PREMISES at any reasonable time and that the Collateral shall remain personal property even though the trade fixtures may be affixed to or placed upon the PREMISES. In the event lender so realizes on its Collateral, CITY waives any right, title, claim, lien or interest in the Collateral. 7.12 Notices. All notices, copies of notices, consents or other communications to lender given under this Agreement to lender must be in writing and shall be effective when received. Such communications shall be given in person to an officer of lender, addressed to lender at an address as provided by lender. AGREEMENT Page 19 of 31 50367676.02 Article 8. 'I'ERNIINATION 8.1 Failure to Perform. 8.1.1 Obligation to Perform Nothing herein shall imply any duty upon CITY to do any work, which under any provision of this concession STARFIRE may be required to perform, and the performance thereof by CITY shall not constitute a waiver of STARFIRE's default. CITY shall not in any event be liable for inconvenience, annoyance, and disturbance in its activities in the PARK, however shall not permit a loss of business, or other damage to STARFIRE by reason of its actions pertaining to the PARK. 8.1.2 Payments to Other Parties Except as otherwise expressly provided hereunder, all obligations of STARFIRE under this Agreement will be performed by STARFIRE at STARFIRE's sole cost and expense. If STARFIRE fails to pay any sum of money owed to any party other than CITY for which STARFIRE is liable hereunder, or if STARFIRE fails to perform any other act on its part to be performed hereunder, and such failure continues for ten days after notice thereof by CITY, CITY may, without waiving or releasing STARFIRE from its obligations, make any such payment or perform any such other act to be made or performed by STARFIRE. STARFIRE shall pay CITY, on demand, all sums so paid by CITY and all necessary incidental costs, together with interest thereon at the lesser of 11/2 percent per month or the maximum rate permissible by law, from the date of such payment by CITY. 8.2 Default. 8.2.1 CITY's Default CITY will not be in default unless CITY fails to perform an obligation within sixty (60) days after notice by STARFIRE, which notice must specify the alleged breach; provided that if the nature of CITY's obligation is such that more than sixty (60) days are reasonably required for cure, then CITY will not be in default if CITY commences to cure within sixty (60) days of STARFIRE's notice and thereafter diligently pursues completion and completes performance within a reasonable time. 8.2.2 STARFIRE's Default The occurrence of any one or more of the following events constitutes a default under this Agreement by STARFIRE: (1) STARFIRE shall be in default of the performance of any covenants, conditions, or provisions of this Agreement, other than the covenants for the payment of consideration required by this Agreement, where such failure continues for a period of sixty (60) days after written notice is given by CITY provided that if the nature of STARFIRE's obligations is such that more than sixty (60) AGREEMENT Page 20 of 31 50367676.02 days are reasonably required for cure, STARFIRE will not be in default if STARFIRE commences to cure within sixty (60) days of CITY's notice and thereafter diligently pursues completion and completes performance within a reasonable time; or (2) STARFIRE shall be adjudged a bankrupt, make a general assignment for the benefit of creditors, or take the benefit of any insolvency act, or if a permanent receiver and trustee in bankruptcy shall be appointed for STARFIRE's estate and such appointment is not vacated within sixty (60) days; or (3) PREMISES become vacant or deserted for a period of sixty (60) days; or (4) if this Agreement shall be assigned or the PREMISES sublet other than in accordance with the terms of this AGREEMENT and such default is not cured within thirty (30) days after written notice to STARFIRE; or (5) STARFIRE shall fail to make any payment when due, or fail to make any other payment required hereunder when due, when that failure is not cured within thirty (30) days after mailing of written notice thereof by CITY. 8.2.3 Default for Other Cause This Agreement may be immediately terminated for other cause by a party if the other party substantially fails to perform its obligations under this Agreement, through no fault of the terminating party, and the non performing party does not commence correction of the failure of performance within sixty (60) days of the terminating party's sending notice to the non performing party. 8.3 Remedies Are Cumulative. Remedies under this Agreement are cumulative; the failure to exercise on any occasion any right shall not operate to forfeit such remedy. 8.4 Destruction of PREMISES Use of Insurance Proceeds. 8.4.1 Unless otherwise mutually agreed by the PARTIES, in the event the PREMISES are destroyed or injured by fire, earthquake, or other casualty, then STARFIRE shall proceed to rebuild and restore the PREMISES, or such part thereof as may be injured as aforesaid. In the event of any loss covered by the insurance policies described and required pursuant to Article 9.5.1 herein, unless this Agreement shall be terminated as provided herein, the proceeds of such insurance policies shall be used by STARFIRE first to rebuild and restore the PREMISES and replace the improvements, fixtures, and equipment, which may be damaged or destroyed by such casualty. 8.4.2 Notwithstanding the forgoing, in the event the PREMISES are destroyed by fire, earthquake or other casualty STAR.FIRE may elect to restore the PREMISES to a condition equivalent to or better than existed as of the EFFECTIVE DATE, and terminate the AGREEMENT without further obligation except as otherwise provided in this Agreement. AGREEMENT Page 21 of 31 50367676.02 8.5 Duties upon Termination. Upon termination of this agreement, and unless otherwise arranged, STARFIRE shall remove from the PARK all its personal property, goods, and effects. In the event that STARFIRE fails to perform this duty at termination, the CITY may cause such removal to be made and said personal property, goods, and effects to be stored, the cost and expense to be paid by STARFIRE. It is mutually understood and agreed that the real property constituting the PREMISES of this Agreement is the real property of the CITY and that all improvements to said real property shall revert to the CITY at the termination of this Agreement. 8.6 Eminent Domain. The following rules shall govern the rights and duties of the PARTIES in the event of interference with STARFIRE's use on possession of the PREMISES as a result of the exercise of eminent domain or private purchase in lieu thereof. 8.6.1 Rights of Termination If the whole of the PREMISES shall be taken for any public or quasi public use under any statute or by right of eminent domain, or by private purchase in lieu thereof, then this Agreement shall automatically terminate as of the date that title shall be taken. If more than twenty -five percent (25 of the PREMISES shall be so taken and if the taking renders the remainder thereof unusable for the purposes for which the PREMISES were concessioned, then CITY and STARFIRE shall each have the right to terminate this Agreement on thirty (30) days notice to the other given within ninety (90) days after the date of such taking. Provided, however, that if the CITY is exercising its rights of eminent domain, a fair value shall be placed on this Agreement and the PREMISES with the compensation thereof awarded solely to STARFIRE, or lender pursuant to its security interest, if any. 8.6.2 Non Termination If any part of the PREMISES shall be so taken and this Agreement is not terminated, then the CITY shall, at its own cost and expense, restore the remaining portion of the PREMISES to the extent necessary to render it reasonably suitable for the purposes for which it was concessioned. 8.6.3 Compensation The compensation awarded or paid upon such a total or partial taking of the PREMISES and/or this Agreement shall belong to and be apportioned between the CITY and STARFIRE in accordance with their respective interests under this Agreement as determined by a court of competent jurisdiction. Additionally, STARFIRE may prosecute any claim directly against the condemning authority for the costs of removal of the goodwill, stock, trade fixtures, furniture and other personal property belonging to AGREEMENT Page 22 of 31 50367676.02 STARFIRE. CITY shall have no claim to condemnation proceeds that are attributable to STARFIRE's interest in the Collateral, nor shall lender have any interest in CITY's condemnation proceeds, if any. Article 9. GENERAL CONDITIONS 9.1 Relationship of PARTIES. 9.1.1 Independent Status The PARTIES intend that an independent relationship shall be created by this Agreement. Nothing contained herein shall create the relationship of principal and agent or of partnership or of joint venture between the parties hereto, and neither the method of computation of consideration nor any other provision contained herein shall be deemed to create any relationship between the parties hereto other than the relationship of CITY as granting a ground and use concession to STARFIRE. STARFIRE has the experience, ability, and resources to develop and operate the FACILITI FS and is performing independent functions and responsibilities within its field of expertise. STARFIRE, its personnel and agents are independent contractors and not employees of the CITY. No agent, employee, servant, or representative of STARFIRE shall be deemed to be an employee, agent, servant or representative of the CITY. STARFIRE and its personnel have no authority to bind the CITY or to control the CITY's employees. As an independent contractor, STARFIRE is responsible for its own management. The CITY's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over STARFIRE or its personnel. 9.1.2 No Third Party Rights Created It is mutually understood and agreed that this Agreement is solely for the benefit of the PART! NS hereto and gives no right to any other party except as provided by Article 7 herein. 9.1.3 Joint Venture/Partnership It is mutually understood and agreed that no joint venture or partnership is founed as a result of this Agreement. 9.2 Notices. Except as provided in Article 7 herein, any notice required or permitted hereunder must be in writing and will be effective upon the earlier of personal delivery or three days after being mailed by certified mail, return receipt requested, addressed to STARFIRE or to CITY at the address for that party designated herein. Either party may specify a different address for notice purposes by written notice to the other, except that CITY may in any event use the PREMISES as STARFIRE's address for notice purposes. All notices shall be delivered to the following addresses: AGREEMENT Page 23 of 31 50367676.02 CITY Address STARFIRE Address City of Tukwila Starfire Sports Attn: City Administrator Attu: Christopher Slatt 6200 Southcenter Boulevard P.O. Box 48299 Tukwila, WA 98188 Burien, WA 98148 -0299 9.3 Reports Information. When requested by the CITY, STARFIRE shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. STARFIRE shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) for non -profit entities. 9.4 Permits, Licenses. Taxes, Fees. 9.4.1 Permits, Licenses, Other Documents STARFIRE shall possess a current Tukwila Business License and shall obtain all regulatory licenses and permits, including all construction and building permits, necessary to fulfill STARFIRE's obligations under this Agreement at STARFIRE's sole expense. Each party agrees to execute such additional or other documents as may be required to fully implement the intent of this Agreement. 9.4.2 Taxes Fees As an independent contractor, STARFIRE shall be solely responsible for all taxes, fees and charges incurred, including but not limited to license fees, business and occupation taxes, workers' compensation and unemployment benefits, all federal, state, regional, county and local taxes and fees, including income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to STARFIRE's obligations under this Agreement. 9.4.3 Leasehold Excise CITY shall be responsible for payment of leasehold excise tax, if any, under this Agreement. 9.4.4 Admissions Tax The CITY acknowledges that STARFIRE, as a non -profit entity, is not subject to the CITY's admissions tax. In the event the CITY's admissions tax is made applicable to non -profit entities, including STARFIRE, all amounts collected and paid by STARFIRE AGREEMENT Page 24 of 31 50367676.02 to CITY as admissions taxes shall be a credit against (i.e., deducted from) amounts otherwise payable by STARFIRE to CITY under this Agreement. 9.5 Insurance. 9.5.1 Fire, Earthquake, Casualty Insurance STARFIRE agrees that, at all times during the full term of this Agreement and at its own expense, STARFIRE shall, at its sole cost and expense, maintain in full force and effect adequate fire, flood, earthquake, and other casualty coverage covering the PREMISES and its contents, including all personal property, fixtures, and improvements. Such policy shall include a replacement cost endorsement. STARFIRE shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing such coverage. All such insurance coverage shall include a thirty -day cancellation notice to STARFIRE and the CITY. Adequacy of coverage is defined as insurance sufficient to restore the PREMISES to its pre casualty condition. 9.5.2 Liability Insurance Prior to the commencement date of this Agreement, STARFIRE, at its own expense shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing commercial general liability insurance coverage "CGL providing coverage of at least $1,000,000 per occurrence and $1,000,000 general aggregate. This Certificate of Insurance shall be subject to approval by the CITY's Risk Manager as to company, terms and coverage, and said approval shall not be unreasonably withheld. The CGL shall name the CITY as an additional insured and must fully protect the CITY from any and all claims and risks and losses in connection with any activities or omissions by STARFIRE by virtue of this Agreement. The CGL policy shall remain in full force and effect at STARFIRE's sole expense for liability for property damage or personal injury that may occur in connection with activities or omissions by STARFIRE, and provide coverage for the full teuii of this Agreement. STARFIRE shall insure that the CITY's Risk Manager is given thirty- calendar days prior written notice, by certified mail, of any cancellation, lapse, reduction or modification of such insurance. 9.5.3 Release and Waiver of Subrogation Any policy of insurance carried by either CITY or STARFIRE pursuant to any obligation under this Agreement, shall, to the extent available, contain a waiver of subrogation clause on the part of the insurer. Such waiver shall apply to damages to adjacent property. Notwithstanding any other provision of this Agreement, neither CITY nor STARFIRE shall be liable to the other party or to any insurance company (by subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or tangible personal property of the other occurring in or about the PREMISES or PARK, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered by property insurance issued by an insurance carrier authorized or licensed by the Insurance AGREEMENT Page 25 of 31 50367676.02 Commissioner of the State of Washington to issue lines of insurance, benefiting the party suffering such loss or damage or was required under the Willis of this Agreement to be covered by insurance by the party covering the loss. 9.6 Hold Harmless, Indemnification, Industrial Insurance. 9.6.1 Hold Harmless Indemnification Each party hereto agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law. Each party agrees to save, indemnify, defend, or hold the other party harmless against all liability, loss, damages, and expenses, including costs and attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of the other party, its employees, its subcontractors, its agents, or its assigns, which arise in any way out of the performance of this Agreement. In the case of negligence of both the CITY and STARFIRE, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. 9.6.2 Industrial Insurance The PARTIES have specifically negotiated STARFIRE's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of STARFIRE's indemnification and hold harmless of the CITY, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the CITY. 9.7 Successors Assigns. 9.7.1 The CITY and STARFIRE each agree to be bound to the other party in respect to all covenants, agreements, and obligations contained in this Agreement. Except as provided in Article 7 and 9.7.2 herein, neither party shall assign the Agreement in part or as a whole, without the written consent of the other. Except as provided in Article 4.8 herein, STARFIRE shall not sublease any of the PREMISES, without written notice to and approval of the CITY. 9.7.2 The CITY acknowledges that STARFIRE is authorized under this Agreement, without further CITY approval, to enter into space leases, rental agreements, and/or grant sub concessions within the PREMISES for individual facility operations; food and beverage services; athletic equipment operation, sales and service; and, similar supporting concessions consistent with Section 4.12.1. 9.7.3 When requested, approval by the CITY of a subcontract or assignment shall not be unreasonably withheld. AGREEMENT Page 26 of 31 50367676.02 9.7.4 In the event of an assignment, subcontracting, or delegation of duties, STARFIRE shall remain responsible for the full and faithful performance of this Agreement and the assignee, subcontractor, or other obligor shall also become responsible to the CITY for the satisfactory performance of the services, facilities, or equipment assumed. The CITY may condition approval upon the delivery by the assignee, subcontractor, or other obligor of its covenant to the CITY to fully and faithfully complete the requirements or responsibility undertaken under this Agreement. 9.7.5 Notwithstanding the foregoing, provided STARFIRE is not in default, STARFIRE may assign its interest in this Agreement without seeking CITY's consent to a parent or subsidiary. Except as otherwise provided herein, all of the covenants, conditions, and provisions of this Agreement are binding upon and inure to the benefit of the PARTIES and their respective heirs, personal representatives, successors, and assigns. 9.8 Bankruptcy. Except as provided in Article 7 herein, PARTIES agree that if STARFIRE is adjudged bankrupt, either voluntarily or involuntarily, then this AGREEMENT, at the option of the CITY, may be terminated effective on the day and at the time the bankruptcy petition is filed. 9.9 Compliance with Laws. STARFIRE, its officers, employees, and agents shall comply with applicable federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its obligations under this Agreement. Such compliance shall include abiding by all applicable federal, state and local policies to ensure equal employment opportunity based on ability and fitness to all persons regardless of race, creed, color, national origin, religion, sex, physical handicaps or age. STARFIRE shall comply with applicable laws pertaining to employment practices and employee treatment. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts must be complied with. STARFIRE agrees to indemnify and hold hamiless the CITY from all damages assessed for STARFIRE's failure to comply with the Acts and Standards issued thereunder. STARFIRE is also responsible for meeting all pertinent local, state and federal health and envirornnental regulations and standards applying to any operation in the performance of this Agreement. 9.10 Nondiscrimination. PARTIES shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. AGREEMENT Page 27 of 31 50367676.02 9.11 Choice of Law Venue. This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in King County Superior Court. 9.12 Costs Attorneys' Fees. In any action brought to enforce any provision of this Agreement, including actions to recover sums due or for the breach of any covenant or condition of this Agreement, or for the restitution of the PREMISES to the CITY or eviction of STARFIRE during the term or after expiration thereof, the substantially prevailing party shall be entitled to recover from the other party all reasonable costs and reasonable attorney's fees incurred, including the fees of accountants, appraisers, and other professionals, at trial or on appeal, and without resort to suit. 9.13 Modification. This Agreement may only be modified by written instrument signed by both PARTIES. 9.14 Change in Law/Renegotiation. The PARTIES agree that changes in federal, state or local laws or regulations that materially modify the terms and conditions of the Agreement and result in a detrimental change in circumstances or a material hardship for either party in performing this Agreement may be the subject of a request by a requesting party to renegotiate this Agreement or negotiate Agreement amendments and the responding party agrees to renegotiate fairly with the requesting party. 9.15 Force Majeure. Provided that all other requirements of this Agreement are met, any party shall not be deemed to be in default and shall not be liable for failure to perfoiui under this Agreement if that party's perfoiniance is prevented or delayed by acts of God including landslides, lightning, forest fires, stories, floods, freezing and earthquakes, civil disturbances strikes or labor interference, acts of the public enemy, wars, blockades, public riots, breakage, explosions, accident to machinery, equipment or materials, unavailability of required materials, governmental restraint or other causes, whether of the kind enumerated or otherwise, which are not reasonably within the control of that obligated party "Force Majeure"). If as a result of a Force Majeure event, an obligated party is unable wholly or partially to meet its obligations under this Agreement, it shall give the other party promptly written notice of the Force Majeure event, describing it in reasonable detail. The obligated party's obligations under this Agreement shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. AGREEMENT Page 28 of 31 50367676.02 9.16 Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, executed by the party against whom such waiver is sought to be enforced. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 9.17 Illegal Provisions Severability. Should any part of this Agreement be found void, illegal, or unenforceable, the balance of the Agreement shall remain in full force and effect. 9.18 Article Headings, Gender, Number. Article paragraph headings are not to be construed as binding provisions of this concession; they are for the convenience of the PARTIES only. The masculine, feminine, singular and plural of any word or words shall be deemed to include and refer to the gender and number appropriate in the context. 9.19 Entire Agreement. This Agreement and its Exhibits constitutes the entire agreement between the PARTIES, and the PARTIES acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 9.20 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 9.21 Recording. Upon the execution of this Agreement the CITY will cause this Agreement to be recorded with the land use records of King County, Washington. IN WITNESS WHEREOF, this Agreement has been entered into between the City of Tukwila and Starfire Sports as of the 1 day of March, 2003. STARFIRE SPORTS a not for profit Washington corporation B Y: AGREEMENT Page 29 of 31 50367676.02 Christopher G. Slatt, Chairman 4- I" reS t d CITY OF TUKWILA a Washington municipal corporation By: Steven M. Mullet, Mayor APPROVED AS TO FORM: City T ttorney ATTEST: a a* Clerk LIST OF EXHIBITS Exhibit A Description of PREMISES Exhibit B Preliminary Building and Site Plans Exhibit C Starfire Sports FACILITIES Exhibit D Legal Description of PARK AGREEMENT Page 30 of 31 50367676.02 STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that STEVEN M. MULLET is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that as authorized to execute the instrument and acknowledged it as the Mayor o the CITY OF TUKWILA to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Giv9€it.=� ,,official seal this day of i 2003. T.* *OT e Type/Print Name, /M)C% FJ'U rs C `l ii i f Notary Public in and for the t p i i State of Washington residing at p�? S My Commission expires J off c ost STATE OF WAS$1.1W..6. IN ss. COUNTY OF KING CS4 On this day of\ -&J 2004 before n4 p r o ajl fapppeared IM CHRISTOPHER G. SLATT, to me known to bathe CHAIRAN..of STARF RE S'''`' c=-„a., SPORTS, a not for profit Washington corporation, that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute and in fact executed said instrument on behalf of the corporation. Given under my hand and official seal this day of tea. tt&--V/ 2003. s•N••�,, Type/Print Names L 17U� 7. /c' S i t---1 t..t. Ci• mo Notary Public in and for the ��S 1 t State of Washington residing a c_6, v L ,5 6 N ©TARy i My Commission expires 3 Z-9 /Q C- 0 Ca• PUBLIC i i s I Q AGREEMENT Page 31 of 31 50367676.02 1 EXHIBIT A Description of PREMISES The PREMISES consist of the FACILITIES (as defined at Exhibit C) and exterior landscaping but does not include the fee ownership of the PARK real property (see Exhibit D) upon which the PREMISES are located, and as more particularly described as follows: THE PREMISES SHALL BE THAT PORTION OF THE REAL PROPERTY DESCRIBED IN EXHIBIT D TO THE AGREEMENT BETWEEN CITY AND STARFIRE (EFFECTIVE MARCH 1, 2003, "AGREEMENT AS MORE PARTICULARLY SHOWN IN EXHIBIT B TO THE AGREEMENT AS THAT PROPERTY WITHIN THE DASHED LINES AND MORE GENERALLY DESCRIBED IN SAID EXHIBIT B AS "SOFTBALL COMPLEX," STARFIRE ATHLETIC CENTER, {TOGETHER WITH] FIELDS 1,2,3 AND 4," AND FIELDS 5,6 AND 7." CITY AND STARFIRE AGREE THAT A MORE COMPLETE DESCRIPTION OF THE PREMISES SHALL BE DEVELOPED AND ADDED TO THIS EXHIBIT A, AS NECESSARY TO IMPLEMENT THE AGREEMENT AND UPON REQUEST BY EITHER PARTY. AGREEMENT Exhibit A 50367676.02 ACCESS BRIDGE i 1 I r .fi i f it r zOMP I r% j, E5 II'' II a 7 O 11 1 0 1 1 OP co994 1 1 i 1 y r 11 1 p Exr Site Plan I �1 I Sr' --7 7 .r. t vn 1 wil l- i f oY s q p c�au a a3sa 1 P ffi trttFl 1 4114 at 2 f i CITY "�ret 1 1 p/ Ili 0 gETpttwrt P"o PL A .r, y� l i t r-' 1 i I RI GRE' Rrsi i r., l RE tr P i ,f 1 I P� 1 Fl E to ri:i f cog", 1 1 1 t l l fi�D 4 1 r 1 A FIELD 3 T'1 1 ii orA 1 FIRE ATN�Ck 1 1 f a w, 0 e 1 i '`�CAR R 1 .SS" D CO N �E S �q; i 1 45 R 0 nflsl `1t L� lb. t x 1 1 t x OO {1 i FIELD 2 I f1Et 4 1 1 I 1 1>r 1 :9 .1, r 1 r .1 1 1 ,1 GREEN RIVER GREEN i t4 1 I c0S LEVEE 1 1 j I D 1 i n 1 i sill i .---L- RI GGS i l i Jr i 50361616.02 EXHIBIT C STARFIRE SPORTS FACILITIES The FACILITIES will be comprised of 13 athletics fields, consisting of an athletic center building housing two indoor soccer fields, and associated facilities, one outdoor soccer stadium field, six outdoor soccer fields, and four or more softball fields and other athletic and recreational facilities that may be developed in conjunction therewith. The FACILITIES may provide on the PREMISES for a range of field sports and community events, including but not limited to soccer, softball and baseball, rugby, lacrosse, and cricket. AGREEMENT Exhibit C 50367676.02 EXHIBIT D Legal Description of PARK Filed For Record At Request Of AFTER RECORDING RETURN TO: King County Asset Management Section ADM -ES -0500 500 King County Admin. Bldg. 500 Fourth Avenue Seattle, WA 98104 BARGAIN AND SALE DEED Grantor King County, Washington Grantee City of Tukwila Legal SW 1/4, Sec. 13, Twp 23 N., Rge 4 E., W.M. Govt. Lots 1 2, Sec. 23, Twp 23 N., Rge 4 E., W.M. Govt Lots 1 5, Sec. 24, Twp 23 N., Rge 4 E., W.M. Tract 36, Second Supplement Map of Renton Shore Lands Blocks 4-9 12 -17, Gundaker's interurban Addn. Tax Acct. 1323049080; 2323049001, 2423049030 295490 -0426 Tne Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in consideration of mutual benefrts, pursuant to King County Ordinance No. 14550, does hereby bargain, sell, and convey unto the CITY OF TUKWILA, a municipal corporation of the State of Washington, the following described lands, situate in King County, Washington, and referred to herein as the "Property FORT DENT PARK Tax Account No. 132304 -9080 A tract of and in the SW 1/4 of Section 13, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the S.W. comer of said Section 13; thence N. 29 °51' W. 114.7 feet; thence N. 66 °21' E. 153.9 feet; thence S. 66 °57' E. to a point on the Easterly margin of the Chicago, Milwaukee, St. Paul Pacific Railroad Co. right of way and the true point of beginning; thence Northeasterly along said Easterly margin of the Chicago, Milwaukee, St. Paul Pacific Railroad Co. right of way 108 feet, more or less, to a point an the Southerly margin of Tract 33 of Renton Shorelands 2nd Supplement, records of King County, Washington; thence Easterly along said Southerly margin of Tract 33, 33 feet, more or less, to the \Nesterly margin of County Road No. 8 (known as Monster Road); thence Southeasterly along said Westerly margin of County Road No. 8, 104 feet, more or less, to a point which bears N.74 °13'19" E. from a point within said tract of and which is located on the Southerly margin of a permanent easement recorded under King County Auditor's File No. 7202010402 and granted to King County for the P -1 Drainage Page 1 of AGREEMENT Exhibit D 50367676 02 Channel, said point being described by Washington State Lambert Grid Coordinates (North Zone) N 176, 376.52, E 1, 650, 378.61; thence continuing Southeasterly along said Westerly margin of County Road No. 8 along a curve to the left having a radius of 300 feet, the center of which bears N. 25 °21'49" E., an arc distance of 50.74 feet; thence S. 74 °13'19" W. 68.84 feet; thence S. 83 °41'02" W. 60.83 feet; thence along a curve to the right having a radius of 667.96 feet, the center of which bears N.15 °46'41" W. an arc distance of 108.45 feet, more or less, to the Easterly margin of the Chicago, Milwaukee, St. Paul Pacific Railroad Co. right of way; thence Northeasterly along said Easterly margin 24 feet, more or less, to the true point of beginning. SUBJECT TO: 1) Easement in favor of Drainage District No. 1 for flood control works, as recorded under Recording No. 4717788; 2) Pacific American Commercial Co. for ingress and egress, as recorded under Recording No. 5833513; 3) Harold R. Iverson and Marion E. Iverson, for ingress and egress, as recorded under Recording No. 5833514. Tax Account No. 232304 -9001 All of Government Lots 1 and 2 in Section 23, Township 23 North, Range 4 East, W.M.; ALSO all that portion of Government Lots 1 and 5 in Section 24, Township 23 North, Range 4 East, W.M., AND all that part of the Lake in Sections 23 and 24 lying West of the right of way of main lines of Chicago, Milwaukee and St. Paul Railway; ALSO Tract 36, Second Supplement Map of Renton Shore.Lands as shown on the official maps thereof on file in the Office of the Commissioner of Public Lands at Olympia, Washington. EXCEPT right of way of Northern Pacific Railway Co.; LESS Coal Minerals and the right to explore for and mine the same; TOGETHER WITH and subject to the terms of all easements appurtenant to the above described property; EXCEPT that certain easement granted to Pacific American Commercial Co. on the 25th day of July, 1963, by Container Corporation of America, and recorded in Volume 4616 of Deed, records of King County, at pages 668, 669 and 670, Auditor's File No. 5833513. Tax Account No. 242304 -9030 All those parts or portions of Lots 1 and 5, in Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, bounded and described as follows: Beginning on the West boundary of the RAN of the Burlington Northern, Inc., formerly the Northern Pacific Railway Co., at a point which is 550 feet South and about 100 feet East of the N.W. corner of said Section 24, and running thence Southeasterly a distance of 300 feet to a point which is distant 70 feet Westerly from, measured at right angles to, said Burlington Northern, Inc. R/W boundary; thence Southeasterly parallel to and distant 70 feet Page 2 of 1 Westerly from said R/W boundary to White River; thence Easterly along said White River to said R/W boundary; thence Northwesterly along said West boundary of Burlington Northern, Inc. R/W to point of beginning. SUBJECT TO: Restrictions and reservations contained in that certain Warranty Deed to King County, as recorded under Recording No. 7502100393. Tax Account No. 295490 -0426 That portion of vacated Blocks 4 to 9, inclusive, and vacated Blocks 12 to 17, inclusive, of Gundaker's Interurban Addition to Seattle (Vacated), according to plat recorded in Volume 14 of Plats, page 46, in King County, Washington, and vacated streets adjoining, more particularly described as follows: Commencing at Highway Engineer's Station P.O.T. (2M) 127 +75.0 on the 2M -line shown on the State Highway Map of Primary State Highway No. 1 (SR405) Green River Interchange, Sheet 2 of-4 Sheets, established by Commission Res. No. 1192, February 19, 1962; thence Northeasterly at right angles of said 2M -line North 30 °27'06° East284.88 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 300 feet and a central angle of 08 °19'06 an arc length of 43.56 feet; thence tangent to the preceding curve North 22 °08'00" East 309.43 feet; thence North 30 °35'15" East 60.00 feet to the True Point of Beginning of the parcel to be described herein; thence, from said True Point of Beginning from a tangent that bears North 59 °24'45 West along the arc of a curve to the left having a radius of 60.00 feet and a central angle of 89 °41'29 an arc length of 93.92 feet; thence, North 59 °24'45" West 183.62 feet, more or less, to the bank of the Green River; thence along the bank of the Green River North 30 °04'58" East 116.17 feet to a point thereon; thence leaving said bank of the Green River South 37 °36'40" East 137.76 feet; thence South 55 °24'30" East 50.12 feet; thence South 59 °24'45" East 66.73 feet; thence South 30 °35'15" West 1.82 feet to the True Point of Beginning. SUBJECT TO: 1) Covenant to bear the cost of construction or repair of road crossing, easement for which was granted over adjacent property by instrument, as recorded under Recording No. 5833515, 5990555 and 5990556; 2) Right of the State of Washington in and to that portion, if any, of the land described which lies below the line of ordinary high water of the Green River; 3) Any change in the boundary or legal description of the property due to any shift or change in the course of the Green River; 4) Rights and easement of the public for commerce, navigation, recreation and fisheries; and 5) Restrictions on the use of the land resulting from the rights of the public or riparian owners to use any portion which is now, or has been, covered by water. TOGETHER WITH THE FOLLOWING DESCRIBED EASEMENT: c Page 3 of Grantor hereby assigns all its rights, privileges and obligations, subject to the approval of such assignment by the State of Washington, in the easement granted by the State of Washington Department of Natural Resources on June 19, 1974, attached to this Deed as Exhibit A, for right of way for the construction, use and maintenance of a county road bridge upon, over and across the following described shorelands in King County, Washington, to wit: Those portions of the shorelands of the second class and bed of the Green River, owned by the State of Washington, situate in front of Government Lot 1, Section 23, and the W. H. Gilliam D. L. C. in Section 24, Township 23 North, Range 4 East, W.M., included within the limits of a strip 60 feet in width, having 30 feet of such width on each side of the following described centerline: Beginning at a point in said Government Lot 1, which is N 2° 36' 20" W 459.17 feet from the east quarter section comer of said Section 23, running thence S 59° 24' 11" E 199.9 feet to a point in the W. H. Gilliam D. L. C. No. 41, which is N 22° 57' 22" E 387.65 feet from the west quarter section corner of said Section 24, and the terminal point of this centerline description, having an area of 0.18 acre, as shown on the plat thereof on file in the office of the Commissioner of Public Lands at Olympia, Washington. Subject, however, to any rights to be acquired pursuant to the provisions of Chapter 158, Session Laws of 1959. RESERVED UNTO KING COUNTY WASHINGTON, THE FOLLOWING DESCRIBED EASEMENTS ON THE PROPERTY: 1) Easement for drainage channel, as recorded under Recording No. 7203020421; 2) Agreement with Burlington Northern, Inc. for operation and maintenance of a flood control drainage channel, as recorded under Recording No. 7302060451; 3) Agreement with the State of Washington for maintenance of a drainage channel, as recorded under Recording No. 7305220394; 4) Aquatic Easement granted by the State of Washington, as recorded under Recording No. 8006100511; 5) Easement for drainage canal granted by Burlington Northern, Inc., as recorded under Recording No. 8002110444. RESERVED UNTO KING COUNTY, WASHINGTON, THE FOLLOWING DESCRIBED EASEMENT ON THE PROPERTY: Grantor hereby reserves a permanent utility easement with the following terms: A) The County owns Utility facilities located on and under the Property. An easement for these Utility facilities had been granted to Municipality of Metropolitan Page 4 of jF— Seattle (hereinafter Metro) by document dated July 30, 1962, recorded under King County Recorder's number 5469169( "tvtetro Easements Since the granting of the Metro Easements, the County purchased the Property, and the County and Metro merged, thereby causing a merger of title between the Property and the Metro Easements. This Reservation of Easement shall supercede and replace the language of the Metro Easements. B) The County's agreement to convey the Property to the City is conditioned upon the County's reservation of a permanent utility easement. C) The City and County, by accepting and recording this utility easement reservation, hereby mutually covenant and agree as follows: 1) The County hereby reserves, for the purposes stated below, a permanent utility easement over, across, along, in, upon and under the Property referred to as the Utility Easement Area and more particularly described as follows: That portion of Government Lots 1 and 5, Section 24, Township 23 North, Range 4 East, W.M., and Government Lot 2, Section 23, Township 23 North, Range 4 East, W.M., in King County, Washington, Tying within a strip of land 50 feet in width, 25 feet on each side of the following described centerline: Beginning on the Southwesterly margin of the right of way of the Burlington Northern, Inc., formerly the Northern Pacific Railway Company, at a point which is 25 feet Northerly of, measured at right angles to, the Green River; Thence South 86 °12'08" West 25.43 feet; Thence North 34 °19'06" West 491.72 feet to Point "A Thence continuing North 34 °19'06" West 160.39 feet to the beginning of a tangent curve to the right having a radius of 500 feet; Thence along said curve a distance of 88.39 feet through a central angle of 10 °07'44" to the beginning of a reverse curve to the left having a radius of 500 feet; Thence along said curve a distance of 85.73 feet through a central angle of 9 °49'28" to a point of tangency; Thence North 34 °00'48" West 149.71 feet to the beginning of a tangent curve to the left having a radius of 500 feet; Thence along said curve a distance of 48.02 feet through a central angle of 5 °30'08" to a point of tangency; Thence North 39 °30'56" West 91.35 feet to the beginning of a tangent curve to the right having a radius of 500 feet; Thence along said curve a distance of 45.35 feet through a central angle of 5 °11'50" to a point of tangency; Thence North 34 °19'06" West 739.52 feet; Thence North 79 °19'06" West 28.67 feet; Thence North 89 °41'02" West 33.97 feet; Thence South 67 °48'58" West 173.89 feet to Point "B Thence continuing South 67 °48'58" West 115.14 feet; Page 5 of Thence North 67 °11'02" West 29.91 feet to a point on the centerline of the Green River Bridge projected Southerly; Thence Northerly along said projected centerline 10 feet, more or less, to the Green River, and the terminus of said line. Together with a strip of land 20 feet in width, the centerline of which is described as follows: Beginning at a point South 55 °40'54" West 25 feet from the above described Point "A Thence South 55 °40'54" West 400 feet; Also together with a strip of land 20 feet in width, the centerline of which is described as follows: Beginning at a point South 22 °11'02" East 25 feet from the above- described Point "8"; Thence South 22 °11'02" East 40 feet 2) The Utility Easement being granted herein is for the purpose of installing, constructing, operating, maintaining, removing, re- constructing, repairing, replacing and using sewer pipeline, pipelines, re- claimed water lines or other transmission or conveyance lines, including but not limited to communication lines or devices and optic lines with all connections, manholes and appurtenances thereto (hereinafter collectively referred to as "facilities within the Utility Easement Area, together with the right of ingress to and egress from said described property for the foregoing purposes. 3) The term of the utility easement shall be perpetual, and shall be appurtenant to, be binding upon, and run with the Property. 4) County shall, if the above described Property is disturbed by the maintenance, removal, repair or replacement of the facilities specified herein, restore the surface of the above described Property as nearly as possible to the condition in which it existed at the commencement of said maintenance, removal, repair or replacement. 5) County shall indemnify, defend.and hold harmless City, its elected officials, staff, officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys fees in defense and costs on appeal thereof, for injuries, sickness or death of persons or damage to property, which is caused by or arises out of said County, its officers, agents, or employees' errors or omissions in the performance of activities related to this easement, provided, however, that County's obligation to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole negligence of City, its elected officials, officers, agents or employees. County agrees that it's obligations under this paragraph extend to any claim, demand, and /or cause of action brought by or on behalf of any of it's employees, or agents. For this purpose, County by mutual negotiation, hereby waives as respects the City only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. Page 6 of 6) City shall indemnify, defend and hold harmless County, its elected officials, staff, officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys fees in defense and costs on appeal thereof, for injuries, sickness or death of persons or damage to property, which is caused by or arises out of said City, its officers, agents, or employees' acts, errors or omissions on the Property, both inside and outside the Utility Easement Area, provided, however, that City's obligation to indemnify, defend and hold harmless shall not extend to injuries sickness, death or damage caused by or resulting from the sole negligence of County, its elected officials, officers, agents or employees. City agrees that it's obligations under this paragraph extend to any claim, demand, and /or cause of action brought by or on behalf of any of it's employees, or its agents. For this purpose, City, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 7) All right, title, and interest that may be used and enjoyed without interfering with the Reservation of Utility Easement rights are reserved to the City. Except as otherwise provided herein, and after the date of this agreement, the construction, installation, or maintenance of any structures, whether temporary or permanent, shall be absolutely prohibited within the above described permanent easement area and shall be deemed an unreasonable interference with County's easement rights unless specifically approved in writing by the County. Moreover, as to such non approved structures, the provisions of paragraph 4 and 5 above, shall not apply. RESERVED UNTO KING COUNTY, WASHINGTON, THE FOLLOWING DESCRIBED EASEMENT ON THE PROPERTY: Grantor hereby reserves a permanent river protection easement, which shall be a perpetual easement for the purposes of accessing and constructing, inspecting, monitoring, reconstructing, maintaining and repairing, river bank protection and /or other flood related works, including installing, inspecting and maintaining all vegetation and any other appurtenances thereto across, in, under, on, over and upon the following portions of the Property: All portions of the Property that are riverward of a line that is parallel to and thirty (30) feet landward of the stable top of the river bank on the Green River "Easement Area as constructed or reconstructed, together with reasonable ingress and egress upon the Property to access the Easement Area. Grantor shall have the right at such time as may be necessary and at the Grantor's sole discretion, to enter upon the Property and to have unimpeded access to, in and through the Easement Area for the purposes of exercising the Grantor's rights as described herein. the ee agrees non-native vegetation G t g snot to plant on- native within she Easement Area and not to remove or otherwise alter any improvements installed by Grantor, including any Page 7 of T— native vegetation that may be planted and any flood protection works that may be constructed, within the Easement Area, without the prior approval of Grantor. Nothing contained herein shall be construed as granting any license, permit or right, otherwise required by law, to Grantee with respect to the Property and the Easement Area. For the purposes of this river protection easement, the term "native vegetation" shall mean vegetation comprised of plant species, other than noxious weeds (as identified on the State of Washington noxious weed list found at Washington Administrative Code Chapter 16 -750, as amended from time to time), which are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur at the site. Neither Grantor nor Grantee is hereby obligated to future maintenance, repair or other action related to the above described exercise of easement rights. This river protection easement and /or any flood related works constructed or to be constructed within the Easement Area shall not be construed as granting any rights to any third person or entity, or as a guarantee of any protection from flooding or flood damage, and nothing contained herein shall be construed as waiving any immunity to liability granted to Grantor by any state statute, including Chapter 86.12 of the Revised Code of Washington, or as otherwise granted or provided for by law. The rights, conditions, and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, and successors in interest and assigns of Grantor and Grantee. SUBJECT TO THE FOLLOWING COVENANTS, WHICH ARE INTENDED TO BE RUNNING COVENANTS BURDENING AND BENEFITING THE PARTIES SUCCESSORS AND ASSIGNS: The City, as required by RCW 36.89.050, covenants that the Property shall be continued to be used for open space, park,-or recreation facility purposes or that other equivalent facilities within the County shall be conveyed to the County in exchange therefore. The City covenants that it shall abide by and enforce all terms, conditions and restrictions in King County Resolution 34571, including that the City covenants that the Property will continue to be used for the purposes contemplated by Resolution 34571, that the Property shall not be transferred or conveyed except by agreement providing that such lands shall continue to be used for the purposes contemplated by Resolution 34571, and that the Property shall not be converted to a different use unless other equivalent lands and facilities within the County or City shall be received in exchange therefore. The City acknowledges that there are outstanding bonds that were used to finance the Property and covenants that it shall not use the Property in a manner that would cause the interest on County bonds related to the Property to no longer be exempt Page 8 of 2.-- from federal income taxation. if the City intends to take an action that could affect the tax exempt status of any outstanding bonds, such as transferring the property, limiting the public use of the Property, or causing the Property to be privately managed, the City may request in writing that the County concur that such action will not affect the tax exempt status of any outstanding bonds. Such request must contain sufficient information regarding the intended use of the Property for the County and its bond counsel to fully evaluate the proposal. If the County concurs, the County may not subsequently assert that such action violates this covenant. In determining whether a requested action will or will not affect the tax exempt status of any outstanding bonds, the County agrees to use good faith, to not unreasonably withhold concurrence, and to make its determination or to ask for additional information within 45 days of a written request to do so by the City. If the County fails to respond to the City's request or ask for additional information within the 45 day period, the County may not subsequently assert that such action violates this covenant. If the County asks for additional information within the 45 day period, the County will have an additional 30 days from the receipt of the additional information to make its determination or the County may not subsequently assert that said action violates this covenant. The City further covenants that it will not limit or restrict access to and use of the Property by non -city residents in any way that does not also apply to city residents. The City covenants that if differential fees for non -city residents are imposed, they will be reasonably related to the cost borne by city taxpayers to maintain, improve or operate the Property for parks and recreation purposes. The City acknowledges that a portion of the Green River Trail runs across the Property and covenants to maintain in perpetuity the Trail for public trail purposes and to maintain in perpetuity the connections between the Trail on the Property with the portions of the Green River Trail that are outside of the Property. The City covenants that it shall place the preceding covenants in any deed transferring the Property or a portion of the for public park, recreation or open space uses. Dated this day of 20 KING COUNTY, WASHINGTON BY TITLE Page 9 of Community Affairs Parks Committee Minutes January 28, 2008 Page 2 Mike Overbeck, a Tukwila resident and potential developer, distributed an informational memo to attendees. He said that he is looking at townhouse development from a fmancial standpoint which offers new economic opportunity to potential developers. He has attended several of the Panning Commission meetings where the applicable zoning and subdivision codes have been discussed. He stated that his main focus is that Tukwilas suggested landscape setbacks are more stringent than King County, Seattle and other surrounding cities. He would like staff to re- assess the need for such stringent setbacks. Jack Pace recommended that Mr. Overbeck attend the February 11 public hearing so that his comments can be on record. After the hearing, full Council can direct staff to make specific changes. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 11 COW FOR PUBLIC HEARING. B. Amendment #1 to Contract #03 -058 with Starfire Snorts Starfire Sports, who currently has a long-term lease with the City for Fort Dent Park, is requesting an amendment to their existing contract with the City. This amendment will eliminate the softball fields currently located at the Park and add new soccer fields and an accompanying locker room to allow for a practice area that will be subleased to the Major League Soccer (MLS) franchise coming to Seattle. Staff stated that they have been working together with Starfire personnel to create contract language that is fair to both Starfire and the City. In addition to the changes outlined above, a modification has been made to the parking section which Chris Slatt of Starfire believes captures the spirit of what needs to be done; that there is no longer a sole commitment on the side of the City to respond to parking issues. Instead, the City and Starfire agree to work together to identify funding to provide additional parking. Committee Chair Hernandez commented on Section 5.3 and 5.3.2 on page 10 of the current contract, which outlines the City's obligations relating to parking. She recommended that these sections be reviewed to ensure that all clauses regarding parking are consistent with proposed changes. Mr. Slatt discussed at length the conversion that will take place if this amendment is approved. The information he provided included: turf and grass fields, of which the grass field would have very limited public access due to wear and tear; and the creation of mod fields. He stated that the MLS group intends to spend approximately $2 million on the changes. He also commented that the conversion will not increase parking requirements. Mr. Slatt also passed around an additional proposed contract amendment that will be brought to full Council (Section 5.12). This change will allow Tukwila residents to be exempt from parking fees during Starfire special events with proof of residency. Some Committee members commented that it might be beneficial for Starfire to show their presentation at full Council. It was noted, however, that the majority of Council has already seen the presentation. Due to the proposed elimination of the softball fields at Fort Dent, the Committee expressed a desire and need for softball field users to have an opportunity to responded to and comment on this contract amendment at both the February 11 COW and February 18 Regular meeting (or other such regular meeting to which this items may be assigned). UNANEVIOUS APPROVAL. FORWARD TO FEBRUARY 11 COW. III. MISCELLANEOUS Meeting adjourned at 6:39 p.m. Next meeting: Monday, February 11, 2008 5:00 p.m. Conference Room #3 Committee Chair Approval Mi .utes by KAM. Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. February 4 11 19 (Tuesday) 25 18th Special Presentation: Special Presentation: Presidents Day See agenda packet Centennial Fire Department (City offices closer!) cover sheet for this media report awards week's agenda (Katherine Kertznran) (Grief Nick Olions) (February 11, 2008 Public Hearing: Conrittee of the 117rol_ Special Issues: rn Starfire Sports •Discussion on Meeting) Unfinished Business: technology options Interlocal agreements for City Council (2) for grant funding Resolution for the recycling adopting the 2007 program Comprehensive Resolution regarding Emergency the Growth Trans- Management Plan. portation Efficiency This will also Center (G1hC) include discussion on emergency Ordinance making management agency modifications to integration, zoning and emergency manage- subdivision codes to went response allow for zero lot line organization, townhouse develop- ndvisony AM radio ment sio rs, and Resolution regarding emergency manage- Municipal Research meat yroe am Services Center update. rosters for construction and consultant contracts Approve allocation of $45,000 from the ending Water Fund balance (due to savings in the Interurban Avenue Water Re -Use project) to pay for the budget shortfall for the Southcenter Boulevard Water Main Replacement (Contract 807 -054) Emergency manage- ment ordinance Amendment 81 to Contract 803 -058 with Starfire Sports March 3 10 17 24 31•r Special Presentation Special Presentation: Fifth Monday of the 2007 Chamber of Cascade Water month Council Commerce report Alliance update meeting scheduled (Nancy Damon, President) COMMITTEE OF TILE WHOLE MEETING TO Unfinished Business: BE FOLLOWED BY A Resolution adopting SPECIAL MEETI \G the 2007 Compre- hensive Emergency Management Plan. Upcoming Meetings Events FEBRUARY 2008 llth (Monday) 12th (Tuesday) 13th (Wednesday) 14th (Thursday) 15th (Friday) 16th (Saturday) I Community Affairs Transportation Parks Cmte, Cmte, 5:00 PM 5:00 PM (CR 93) (CR r1) City Council Highway 99 Committee of the Action Cmte, Whole Mtg., 7:00 PM 7:00 PM (Community (Council Center) Chambers) 18th (Monday) 19th (Tuesday) 20th (Wednesday) 21st (Thursday) 22nd (Friday) 23rd (Saturday) Utilities Cmte, Crime Hot Domestic Council Retreat Highway 99 Presidents Day 5:00 PM Spots Task Violence Task City offices closed (CR 91) Force Mte., Force, Feb. 22 -24 Trash Pickup 10:00 Am 12:00 NOON Day City Council (CR 5) (CR '5) 9:00 10:00 AM Ci For location call Regular Co ncil Mt Donna al 7:00 PM Finance Tukwila 206- 242 -5556 (Council Safety Cmte, Historical Chambers) 5:00 PM r ;mo Society, (CR 0) 7:00 PM 4 t (Please cal Presidential parks 206 -433 -1861 ling Primary Commission, f or nzee Election Day 5:30 PM location this (Conzmzznity month.) Q Vote! Center) bilffavy RESCHEDULED TO FEB. 28TH 1 Tukwila's government channel is now available to Comcast subscribers in Tukwila on Channel 21. Tune in for meeting and event information, emergency J reports and other public service announcements. Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342. >Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Danzon at 206 -575 -1633. >City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. >Civil Service Commission: Ist Mon., 5:00 PM, Conf. Room 93. Contact Bev Willison at 206- 433 -1844. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 93. Agenda items for 2/11/08 meeting: (A) Tukwila Community Schools Collaboration reporting. (B) Amend conditions of the contract for the Westfield Mall expansion. (C) Tukwila Urban Center plan —FTB contract for services. (D) Student representative to the Tukwila City Council. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm 95. Phi Huynh (206 -433- 7175). Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf Room 95. Contact Phi Huynh at 206 433 -7175. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room 95. Contact Evie Boykan or Stacy Hansen at 206 -433 -7189 >Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Contact Kimberly Matej at 206- 433 -1834. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 93. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206- 433 -1812. >Human Services Advisory Brd: 2nd Fri. of odd months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206- 433 7189 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. Sister City Committee: 1st Wed., 5:30 PM, Conf. Room 93. Contact Bev Willison at 206- 433 -1844. Transportation Committee: 2nd 4th Tues., 5:00 PM, Conf Room 91. Agenda items for 2 /12/08 meeting: (A) 2008 Overlay Program consultant selection and agreement. (B) Museum of Flight pedestrian bridge airspace lease. >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 91. Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).