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HomeMy WebLinkAboutReg 2006-09-05 COMPLETE AGENDA PACKET ,Wm, Tukwila City Council Agenda REGULAR MEETING 6 f t Mullet, Steven M. Muet, Mayor Councilnzenzbers: Joe Duffle Joan Hernandez l Rhonda Berry, Cihj Administrator Pam Carter Jim Haggerton 1908 Dennis Robertson, Council President Pamela Linder Verna Griffin TUESDAY, September 5, 2006; 7:00 PM Ord 2129 Res #1610 I CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. CITIZEN At this time, you are invited to comment on items not included CONENTENT on this agenda. To comment on an item listed on this agenda, please save Sour comments until the issue is presented for discussion. CONSENT a. Approval of minutes: 8/21/06 (Regular). AGENDA b. Approval of vouchers. c. Approve issuance of fireworks permit to the Riverside Casino for their Pg.5 display on September 8, 2006. d. Approve a contract with the consulting firm of Adolfson and Associates Pg.11 not to exceed 548,000 to assist DCD in the preparation of the Shoreline Master Program Update (see 8/28/06 COIN) PUBLIC Development agreement with Wig Properties LLC -SS for the development Pg.13 HEARINGS of Southcenter Square. UNFINISHED a. A resolution authorizing entry into a Development Agreement, with Pg.13 BUSINESS WIG Properties LLC -SS, for the development of Southcenter Square (see 8/28/06 COW) b A resolution rejecting all bids submitted for the Boeing Access Road Pg.41 and East Marginal Way Intersection Resurfacing Project (see 8/28/06 COIN) c. A resolution expressing support of the King County Automated Pg.45 Fingerprint Identification System (AFIS) program levy (see 8/28/06 COW) d. Two motions reaffirming the Utility Tax ordinance (see 8/28/06 COIN) Pg.49 1) A motion affirming an increase in the City's utility tax from 5% to 6%, effective 1/1/07, per enabling Ordinance No. 1998 2) A motion affirming an increase in the payment associated with the Seattle City Light Agreement from 5% to 6 effective 1/1/07, per Ordinance No. 2012. (Continued) Tukwila City Council Agenda (Continued) REGULAR MEETING TUESDAY, September 5, 2006 ;?age 2 5. UNFINISHED e. Proposed amendments to Fire Code Ordinances (five) necessary to Pg.51 BUSINESS standardize the language in certain sections of the TMC. (Continued) 1) An ordinance amending Ordinance No. 2047, as codified at Chapter 16.16, "International Fire Code," amending provisions for re- inspection fees and violations /penalties. 2) An ordinance amending Ordinance No 2050, as codified at Chapter 16.42, "Sprinkler Systems," amending provisions for re- inspection fees and violations /penalties; establishing appeal provisions. 3) An ordinance amending Ordinance No. 2051, as codified at Chapter 16.40, "Fire Alarms," amending provisions for re- inspection tees and violations /penalties; establishing appeal provisions. 4) An ordinance amending Ordinance No. 2052, as codified at Chapter 14.24, "Fire Hydrants," clarifying fire hydrant installation requirements; amending requirements for exceptions; establishing provisions for re- inspection fees, violations /penalties, and appeals. 5) An ordinance amending Ordinance No. 2053, as codified at Chapter 16.48, "High Rise Buildings," establishing provisions tor re- inspection fees, violations /penalties; exceptions and appeals. 5. NEW Authorize the Mayor to enter into an interlocal agreement allowing the Pg.67 BUSINESS Valley Cities group to hire CBG Consulting, Inc. and appropriate 539,050 of the Department of Justice /Cops More Grant funding to undertake a regional. wi -fi feasibility study REPORTS a. Mayor c. Staff e. Intergovernmental b City Council d. Cite Attorney 3 MISCELLANEOUS 9 EXECUTIVE SESSION 0. 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- 1800TTDD 206 248 -2933. This notice is available at www.citukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. I �i COUNCIL AGENDA SYNOPSIS :o J sN. rral Izr.lr11TO. ly: AI tiff Date i Prepared by I dlaoitmiew Gxralntiew tn` O 09/05/06 I DT 1 A-6-2— (I jj I rso I I I I I 3 a 1 1 1 ITEM INFORMATION CAS NUMBER: 06-101 IORICE\_AL AGENDA DATE: SEPTEMBER 5, 2006 AGENDA PramTITLE Riverside Casino public fire works display permit application for September 8, 2006 Grand Opening. CATEGORY Duncjzon Motion 'Resolution Ordinance Bid Award Public Hearing Otter Mtg Dal Mfg Dar 09/05/06 Mtg Date Mtg Date tj Date Mtg Dot, Mtg Date I SPONSOR p Conndl ma Adm Svcs DCD Finance Fire Legal P6 Polio PW SPONSOR'S Public fire works display permit for the grand opening of the Riverside Casino located at SUMMARY 14060 Interurban Ave South. They have requested a permit to use fire cracker ropes in conjunction with the grand opening slated for September 8, 2006. Fire cracker ropes can contain either 5,000 or 10,000 fire crackers that are lit providing a display of between 3 to 7 minutes for the 5,000 rope and up to 10 to 12 minutes for the 10,000 rope. Pursuant to TMC 8.12, all public displays shall be reviewed by the City Council. REVIEWED BY COW M tg. CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm Parks Comm. Planning Comm. DATE: 09/05/06 RECOMMENDATIONS: SPoNsoR /ADMLN. Approve permit application with conditions as listed in attached memo. COMMITYEE Committee meets 9/5/06 prior to Regular Meeting COST IMPACT/FUND SOURCE EXPENDITURE REQUIRED AMOUNT B UDGETED APPROPRIATION REQUIRED $n /a $n /a $n /a Fund Source: N/A Continents: MTG. DATE RECORD OF COUNCIL ACTION 09/05/06 1 I MTG. DATE ATTACHMENTS 09/05/06 Memo dated August 25, 2006, from Don Tomaso, Fire Marshal Permit Request Form Letter and Application dated August 22, 2006 f Tukwila Fire Department N% fi r' InterOffice Memo Mb" August 25, 2006 To: Finance Safety Commitee From: B/C Don Tomaso Issue: Public fire works display permit for the grand opening of the Riverside Casino located at 14060 Interurban Ave South. They have requested a permit to use fire cracker ropes in conjunction with the grand opening slated for September 8, 2006. Fire cracker ropes can contain either 5,000 or 10,000 fire crackers that are lit providing a display of between 3 to 7 minutes for the 5,000 rope and up to 10 to 12 minutes for the 10,000 rope. Pursuant to TMC 8 12, all public displays shall be reviewed by the City Council after the investigation by the Fire Marshal. Backaround: The Riverside Inn was recently purchased and has been under going some extensive renovations for the last several months. Some of the upgrades included interior upgrades from the existing dance floor bar area into a state of the art gaming area. The following life safety upgrades were also incorporated into the renovations to include a full automatic fire alarm detection system and a full fire sprinkler upgrade to the building. The proponet of the permit is seeking the services of a licensed pyrotechnician to put on the display Discussion: All applicable RCW's, NFPA, and industry safety standards will be enforced for this display as will inspection of the site prior to the approval of the discharge location. It is the understanding of this office that the discharge area will be in the parking lot in front of the business and the applicable safety perimiter will be established based on the fire cracker rope that is chosen. Recommendatitions: It is the reccomendation of this office to approve this permit application subject to the following conditions: Completed site plan with discharge location. Copy of the certificate of Insurance. Copy of the pyrotechnician license Haz Mat endorsement for transporting the fire works. Tukwila Fire Inspection prior to setting up display in discharge area. Established safety perimeter with barrier rope or tape One employee designated as a fire monitor with portable extinguisher during display at the ready All fire works debris is to be cleaned up within 1 hour after the display is completed. 08/25/2008 09 30 FAX U002/003 CASINO CA c ROYAL CASINO Gaming Consultants, Inc. Richard Roswell s Compliance Auditor 111 Powell Ave SV,-Renton, WA 98055 425- 264 -1050 x 14-- rboswellagcicasinos.com August 22, 2006 RE: Riverside Casino Public Display Permit Request Form Fire Marshall Don: Here is the Public Display Permit Request Form that we talked about. The re- grand opening is scheduled for September 8, 2006. Thank you for assisting me with the process of getting this started and completed Please call if you need anything or if there is something else T need to do. i 08/25/2008 09 30 FAX 003/003 WASHINGTON STATE PATROL FIRE PROTECTION BUREAU OFFICE OF Ink, STATE FIRE MARSHIAl. PUBLIC DISPLAY PERMIT REOUEST FORM This requ is hereby mad; to the Washington State Patrol Fire Protection Bureau, F a=te p.. pursuant to R.C.W 70.77, for a public display permit form. I am currently licensed by the Washington Statc Patrol Fire Protection Bureau Of ficeof the state Fire r Marshal to legally receive and use this requested form. a?'i➢fT F `K r a s::r,�� f %4! -1 UAL 04sliAtipn Lc t Jack 1- F dq .-Q 47PP/ A 2 9/—g625 e s e ;4c .2 at '.r'.r.. L c> ru.eQ Msn. c .s.� v Only those licensed by this office arc able to receive and/or use this form. Ir is intended to be utilized by the local authority having jurisdiction to permit a geneCal public display of Y.........:cs in accordancewith R.C.W 70.77, W.A.C. 212 -17, and any local ordinances- You must be a currently licensed Pyrotechnic Operator or General Display Licensee to request this form. Please spccify your type of license: Pyrotechnic Operator. Please enclose check or money order for S10.00 for each public display permit form requested made payable to: Washington State Patrol Fire Protection Bureau (WSP FPB) El General Disnlav Operator: No fee_ Please mail this completed request form and fee(s) if applicable to: Washington State Patrol Fire Protection Bureau Office Of The State Fire Marshal General Administration Building Post Office Box 42600 Olympia, WA 98504-2600 I certify that I am a current holder of a valid fireworks license and am authorized to request this form. Licensee Signature Date [PLEASE NOTE THESE PUBLIC DISPLAY FORMS ARE MOT VALID WITHOUT A CURRENT PYROTECHNIC OR GENERAL DISPLAY OPERATORS LICENSE) COUNCIL AGENDA SYNOPSIS 4 er 'n haL ITEM NO, Q': P k. r y I slIe?Iilz Date 1 Pr p r'd b/ I 3I� er'r rzsism I G,:mal N. 2 1 08/28/06 1 SL ''.,fit 1 09/05/06 1 SL(--A 1 v-- �/►�J 12/ tsoa J( 1 j 1 1 1 -e ITEM INFORMATION CAS NUMBER: 06-096 l ORIGINAL AGENDA DATE: 8 28 06 AGENDA ITEM TITLE Consultant Contract for Shoreline Master Program Update CATEGORY 9 Di:c ession Motion Resolution O Ordinance Bid Award 0 Publit Hearing 0 Other Aftg Date 8-28-06 ArtiDate 09/05/06 ellt6 Date JUg Doh .lftg Date MIA Dot `ltd Date I SPONSOR Connell _Mq)or Adm SLrr DCD Finance Fire Legal P6--R. Police Pill SPONSOR'S The City has been awarded a grant of $65,000 from the Department of Ecology for the SUMMARY update of the Tukwila Shoreline Master Program. The consulting firm of Adolfson and Associates has been selected to assist the Department of Community Development in the preparation of the Update. REVIEWED BY COW Mtg CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte ltts Comm. El Parks Comm Planning Comm. DATE. COW Mtg. August 28, 2006; CA P Cmte August 15, 2006 RECOMMENDATIONS: SPONSOR /Aumml. Approve consultant contract; COMMITTEE CA P Unanimous Approval; COW Forward to 9 -5 -06 Consent Agenda CO ST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $48,000 $65,000 $0.00 Fund Source: DEPARTMENT Of ECOLOGY GRANT (GRANT No. G0600234) Comments: MTG. DATE RECORD OF COUNCIL-ACTION 08 -28 -06 COW Forwarded consultant contract to 9 -5 -06 Council Consent Agenda MTG. DATE ATTACHMENTS- 1 8 -28 -06 August 22, 2006 Memo from Steve Lancaster to Committee of the Whole Community Affairs and Parks Minutes (8- 15 -06) Contract with Adolfson Associates with attached Scope of Work and Budget 9 -5 -06 No Attachments mo 4.. l er COUNCIL AGENDA SYNOPSIS o/ i2'. Initial, IrE.irl\O. J41 V A 12 d I Meeting Date I Prepared by 1 .11ay or''rm I Cr:raa /ntiew 1 f\ Mt i 08/28 /05 Mcl3 I A. 1 LAO 1 09/05/06_ 1 I �h 1 .K 1 ma 1 1 1 1 1 cf.- 1 1 I 1 1 5, cte ITEM INFORMATION CAS NUMBER: 06-095 I ORIGL\ALAGENDA DATE: 28 AUGUST 2006 AGENDA ITEM TITLE Wig Properties, LIC-SS Development Agreement CATEGORY Di cession Motion R sohuion Ordinance Bid Award Public Hearing 9 Other Altg Dak 8/28/06 AUg Date \Us Date 09/05/06 Attg Date 31t2 Date A &g Dare 09/05/06 Mg Date !SPONSOR Council May»— Adm San.; DCD Finance Fire Le Pent Police P11 SPONSOR'S The development agreement is for the retail redevelopment of the J.C. Penneys warehouse SUMMARY site on Southcenter Parkway including the undeveloped rear 5 acres, which contains wetlands. The agreement stipulates the conditions of use of Tukwila Pond Park for off -site wetland mitigation, approves the development of future public infrastructure adjacent to the project site, and outlines a number of other terms for development between the City and the developer. REVIEWED BY 0 COW Mtg CA &P Cmte PAPS Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planting Comtn. DAZE: August 14, 2006 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Resolution authorizing Mavor to sign Development Agreement COMMrYrEE Schedule public hearing for 9/5/06, followed by approval of Resolution COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: MTG. DATE I RECORD OF COUNCIL ACTION 8/28/06 Forward to next Regular Meeting for Public Hearing and consideration of Resolution MTG: DATE ATTACHMENTS 8/28/06 Information Memo and attachment from Public Works Director dated 8/18/06 Draft Developer's Agreement Draft Resolution authorizing Mayor to sign Development Agreement Transportation Committee Minutes from 8/14/06 1 9/05/06 Final Resolution with attached Development Agreement /Exhibits 1 i oJ�S y2 5 cam`\ _PS 4\ %0? 1508 City of Tukwila Was hington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING ENTRY INTO A DEVELOPMENT AGREEMENT WITH WIG PROPERTIES LLC -SS FOR THE DEVELOPMENT OF SOUTHCENTER SQUARE. WHEREAS, the City of Tukwila and Wig Properties LLC-SS have proposed to enter into a development agreement under RCW 36.708 for the development of Southcenter Square; and WHEREAS, the City of Tukwila has agreed to allow Wig Properties LLC -SS to create and enhance wetlands in Tukwila Pond Park as compensatory mitigation for filling wetlands on their project's property; and WHEREAS, the Tukwila City Council reviewed the agreement at the Committee of the Whole meeting an August 28,2006; and WHEREAS, a public hearing was held on September 5, 2006 regarding the development agreement and the Tukwila City Council authorized the Mayor to enter into the development agreement and WHEREAS, RCW 36.708.200 requires a development agreement to be adopted by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA WASHINGTON, HEREBY RESOLVES AS FOLLOW The City Council hereby authorizes the Mayor to enter into a development agreement with Wig Properties, LLC -5S, a copy of which is attached hereto as 'Exhibit A" and by this reference fully incorporated herein, for the development of Southcenter Square at 17200 Southcenter Parkway PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. Al 1F-ST/ AUTHENTICATED: Dennis Robertson, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerl-• Passed by the City Council Office of the City Attorney Resolution Numhtar Attachments: Exhibit A, Development Agreement G'�w,....., end c-tf,n fl Usc;r ffitp'_cllyMSDATA!4cz`u_cxswRSG Ptcxt a.ltt Nato 8!31/1006 Page 1 of 1 EXHIBIT A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND WIG PROPERTIES LLC -SS, FOR THE SOUTHCENTER SQUARE DEVELOPMENT I. PREAMBLE THIS DEVELOPMENT AGREEMENT is made and entered into this day of September, 2006, by and between the City of Tukwila, a noncharter, optional code Washington municipal corporation, hereinafter the "City," and Wig Properties, LLC -SS, a limited liability company, organized under the laws of the State of Washington, hereinafter the "Developer." II. RECITALS WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170 (1)); and WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to, govern and vest the development, use and mitigation of' the development of the real property for the duration specified in the agreement (RCW 36.70B.170(1)); and WHEREAS, for the purposes of this development agreement, "development standards" includes, but is not limited to, all of the standards listed in RCW 36.70B.170 (3); and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170 (1)); and WHEREAS, this Development Agreement by and between the City of Tukwila and the Developer (hereinafter the "Agreement relates to the development known as Southcenter Square, which is located at: 17200 Southcenter Parkway (hereinafter the "Subject Property"); and WHEREAS, the Subject Property will contain multiple buildings and tenants, this agreement is only between the Developer and the City; and WHEREAS, the Developer has a tight schedule and permitting and construction will commence on a sequential basis rather than after all the necessary permits are approved due to the national timelines of the anchor tenant and weather related construction timelines; Wig Properties LLC, SS Development Agreement WHEREAS, the City and the Developer agree that each has entered into this Agreement knowingly and voluntarily and agree to be bound by the terms and conditions of this Agreement; and WHEREAS, the Developer provided $33,383.03 towards a traffic concurrency test to be performed by Mirai Transportation Planning and Engineering; WHEREAS, the Subject Property has type III wetlands that total 1 16 acres that the Developer proposes filling and the City agrees that allowing off -site mitigation and enhancement at Tukwila Pond Park per a City approved mitigation plan will be beneficial; and WHEREAS, the City adopted Resolution 1565 authorizing the Mayor to negotiate an agreement with the Developer for use of Tukwila Pond, which is City owned property; and WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing (RCW 36.70B.200); and WHEREAS, a public hearing for this Development Agreement was held on September 5, 2006, and the City Council approved this Development Agreement by Resolution on September 5, 2006; NOW THEREFORE, in consideration of the mutual promises set forth here, the parties hereto agree as follows: III. AGREEMENT Section 1. The Project. The Project is the development and use of the Subject Property which historically has been referred to as the J C. Penney warehouse site and consists of 18.77 acres in the City of Tukwila. The Project, as described in SEPA file number E04 -019 and in the Board of Architectural Review file number L04 -069, is approximately 230,200 square feet of retail and commercial service uses; accessory uses such as circulation, parking and landscaping; and improvements adjacent to the Subject Property such as utilities, street improvements and off -site wetland mitigation, which are described separately Section 2. The Subject Property The Subject Property for the Project was originally a warehouse and truck terminal service bay for J C. Penney and includes an adjacent undeveloped area. The Subject Property is legally described on Exhibit 2 and shown and shown on Exhibit 1, attached hereto and incorporated herein by this reference. Page 2 of 15 08/18/2006 Wig Properties LLC, SS Development Agreement Section 3. Phasing. The Developer will be responsible for the construction of all the improvements to the Subject Property, such as the parking lots, landscaping, utilities, vehicular and pedestrian circulation, ingress and egress. The Developer will be responsible for constructing the off-site and adjacent public improvements identified in III. Agreement, Section 8. Terms. These improvements shall be completed or substantially complete prior to approval on a final inspection for any building on the Subject Property unless the City approves of and receives a financial guarantee for the outstanding work. Section 4. Exhibits. Exhibits to this Agreement are as follows: Exhibit 1. Subject Property showing right of way dedications Exhibit 2. Subject Property legal description Exhibit 3. Minkler Boulevard typical cross section Exhibit 4. Southcenter Parkway typical cross section Exhibit 5 North and East half street typical cross section Exhibit 6. Off -site Wetland Mitigation site plan. Section 5. Parties to Develonment Agreement. The parties to this Agreement are: A. The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188. B. The "Developer" or Owner is a private enterprise which owns the Subject Property in fee, and whose principal office is located at Wig Properties, LLC -SS 4811 134 Place SE, Bellevue, WA 98006. C. The "Landowner" is a party who acquires all or a portion of the Subject Property from the Developer who, unless othenvise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement as it relates to the Subject Property or Tukwila Pond Park. Section 6. Protect is a Private Undertaking It is agreed among the parties that the Project is a private development and that the City has no interest therein except as authorized in the exercise of its governmental functions. Section 7. Effective Date and Term, The effective date of this Agreement shall be date of execution by both parties, and shall continue in force for a period of ten years unless extended or terminated as provided herein. Following the expiration of the term as outlined under IV General Provisions, Section 4, or extension thereof, or if sooner terminated, this Page 3 of 15 08/18/2006 Wig Properties LLC, SS Development Agreement Agreement shall have no force and effect, subject however, to post termination obligations of the Developer or Landowner. Section 8. Terms. A. Transportation a) Transportation Concurrencv The City agrees to reimburse to the Developer the difference between the actual cost of the concurrency test, which is based upon the time spent on the analysis and the Developer's contribution of $33,383.03 The City further agrees that a letter of concurrency will be issued by September 1, 2006. b) Transportation Impact Fee The City is authorized to assess and collect transportation impact fees according to rates established in the Concurrency Standards and Transportation Impact Fees Section of the Vehicles and Traffic Chapter(9 48.010 TMC) of the Tukwila Municipal Code, (hereinafter the "TMC.") The fee will be calculated according to the 2006 Impact Fee Schedule (9 48.030 TMC) and is based upon the location of the Project in Zone 1 and its land use category as a Shopping Center that measures 200,000 299,999 square feet. The gross leasable floor area of the Project at the time of building application will be used to calculate the total impact fee, which will then be apportioned to each separate building permit. In accordance with the Transportation Impact Fee Chapter (9 48.050 TMC,) a credit shall be applied toward the Transportation Impact Fee for the fair market value of land dedicated for and new construction of any system improvements that are identified in the City's Capital Improvement Program (CIP Minkler Boulevard lane widening is project number 84 -RWO7 in the CIP and is required as a condition of the Project. The City agrees to apply a credit to the transportation impact fee, not to exceed the impact fee, for the full market value, as determined in a certified appraisal, for the right of way dedicated and for the new construction of any system improvements to Minkler Boulevard. c) Minkler Boulevard Dedication. The Developer agrees to dedicate four feet of right of way along the full length of the southern property line between Southcenter Parkway on the western end to the eastern edge of the Subject Property in order to widen Minkler Boulevard. Exhibit 1 shows the right of way dedication. d) Minkler Boulevard Frontage Improvement. The Developer will improve Minkler Boulevard by widening the street to 36 feet (curb face to curb face) to create three 12 foot lanes, by installing a four foot planting strip and an eight foot sidewalk and by Page 4 of 15 08/18/2006 Wig Properties LLC, SS Development Agreement relocating the street illimination, hydrants and other above ground utilities (with the possible exception of the signal pole and signal control cabinet) so that they are not located within the eight foot sidewalk. Exhibit 3 generally illustrates the improvements. e) Southcenter Parkway Frontage Improvement. The Developer will improve Southcenter Parkway by installing a 4 foot planting strip and an eight foot sidewalk and by relocating the street illumination, hydrants and other above ground utilities so that they are not located within the eight foot sidewalk. Exhibit 4 generally illustrates the improvements. f) New Half Street Dedication and Improvement. In order to comply with Comprehensive PIan policy 10.3.2, which discusses supporting the development of a continuous and comprehensive street network that allows a range of travel route choices, etc., the Developer agrees to dedicate 24.5 feet for right of way and to install "half- street" improvements along the subject property's north and east perimeter. The half street improvements shall be constructed per the City of Tukwila Infrastructure and Design Standards and shall consist of channelization, striping, utilities, travel lanes, curb, gutter, landscaping, sewer, water, street illumination, and sidewalk; and as generally illustrated on Exhibit 5. g) Traffic Signal at the new north half street and Southcenter Parkway The Developer shall be responsible for the design and installation of the signal. Plans for the signal must be approved by the City h) No Protest LID Agreement. Prior to issuance of the first building permit, the Developer shall execute separate no protest LID agreements for the following future projects: 1) 61 Ave South Bridget Widening 2) Tukwila Urban Access/Klickitat Improvement Project The Developer shall receive a credit against its assessment for the Tukwila Urban Access/Klickitat Improvement project LID for that portion of the Transportation Impact fee paid that is attributable to the Tukwila Urban Access/Klickitat Improvement Project. City agrees to estimate the percent of the Traffic Impact Fee that is attributable to the Tukwila Urban Access/Klickitat Improvement Project. Each agreement to not protest the formation of a future Local Improvement District shall include the right of the Developer and the Owner to protest the methodology and or specific amount of any LID assessment. Page 5 of 15 08/18/2006 Wig Properties LLC, SS Development Agreement i) Developer's Reimbursement Aereement. The Developer will apply to the Public Works Director to establish an assessment reimbursement area per the Developer Reimbursement Agreement Chapter of the TMC (11 16 TIvIC) before construction of public improvements begins. The City will follow its standards and guidelines in administering the reimbursement. At the minimum, the City agrees to enter into a Developer's Reimbursement Agreement with the Developer for the recovery of a pro rata share of the costs for the construction of the new East Street, the new North Street, land for the western portion of the north of the North Street, and for the new signal at the northwest corner of the Subject Property B. Utilities a) Storm Water The Developer will increase the size of the Subject Property's on -site detention to account for the new north and east half streets. The Developer will install water quality treatment facilities in the new public street right of way for the new north and east half streets. The existing storm drain lines on the north and east of the property appear to serve the property to the north. In order to avoid having a private drain line in public right -of- way, the Developer will repair the existing storm drain lines to the City's satisfaction before the City accepts tumover of the storm water lines. The City will allow use of these existing storm water lines on the north and east for the new street drainage if the condition, location, depth and material are acceptable to the City for such use. b) Sanitary Sewer The existing sanitary sewer line on the east appears to serve the property to the north. In order to avoid having a private sewer line in public right -of- way, the Developer will repair or replace the existing sewer line to the City's satisfaction before the City accepts turnover of the sewer lines and if the Developer negotiates its release from its property owner. c) Water Meter Fees The City agrees to waive the Permanent and Water Only meter installation water fee for each new meter in exchange for the new 12 inch main in the new North and East streets. The Cascade Water Alliance Fee shall be paid for each new service connection by the Developer C. Acceptance of Public Improvements The City agrees to assume ownership and maintenance responsibilities following City Council approval of turnover of the public improvements, including the two new half streets and associated utilities, the new signal, and improvements in Minkler Boulevard and Southcenter Parkway, except as stated in the Right of Way Use Chapter (11.12.130 TMC.) Page 6 of 15 08/18/2006 Wig Properties LLC, SS Development Agreement D. Use of Tukwila Pond Park a) Scope of Work. The Developer is hereby granted permission to use Tukwila Pond Park for of site wetland mitigation as outlined in the City approved Mitigation Plan (Armour, August 2006,) (hereinafter the "Plan. The Developer will create .88 acres and enhance 2.6 acres of wetland in the southeast quadrant of Tukwila Pond Park in accordance with the Plan. (Exhibit 6) This mitigation is in compliance with City Tukwila Municipal Code (TMC) Sensitive Area Chapter (18.45 TMC) and compensates for filling wetlands on the Subject Property b) Wetland Mitigation Timing. The Developer will construct the work at Tukwila Pond Park as provided in the Plan including ten years of monitoring and maintenance to ensure compliance with the performance standards established in the Plan. All costs and required permits to perform the work on Tukwila Pond shall be the responsibility of the Developer. Mitigation work must begin in the first dry season after receipt of required permits. A final inspection for the first building permit at the Subject Property will not be approved until at the minimum a financial guarantee for 150% of the value of the work has been submitted to ensure completion and or maintenance of the mitigation site. c) Consideration for Park Property Use. The Developer shall pay the City a one time fee of $86,000 in exchange for the use of Tukwila Pond Park for wetland mitigation on the property This dollar amount is based upon a sales comparison of wetland properties from an appraisal by Stickland, Heischman and Hoss, Inc. dated September 2005 and must be paid prior to issuance of any building or public works permit (except for the demolition permit) for the Subject Property d) Liability Insurance while working in Tukwila Pond Park. The Developer will carry public liability and property damage insurance with carriers satisfactory to the City in the following amounts: i. 50,000 property damage ii. 500,000 public liability (each person) iii. $1,000,000 public liability (each occurrence) The Developer will provide the City with endorsements naming the City as an additional insured and with certificates of insurance prior to start of construction and with 30 days notice prior to cancellation. e) Performance Bond. The Developer will furnish to the City, prior to start of construction, a performance bond in an amount of 150% of the contract in a form acceptable to the City Page 7 of 15 08/18/2006 Wig Properties LLC, SS Development Agreement f) Protection of Work. Pronerty and Persons. The Developer will adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect. The Developer will permit and facilitate observation of the work by the City and its agents and public authorities at all times. g) Indemnification. The Developer shall indemnify, defend and hold harmless the City its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or dame to property occasioned by an act, omission or failure of the Developer its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City its officers, agents and employees, the Developer expressly waives its immunity under Title 51 of the Revised code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of or contractor for the Developer. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Developer, its officers, agents and employees. E. Permitting The City will issue a permit for demolition, clearing, grading, preloading and utility work prior to the Board of Architectural Review public hearing and decision. This approval will allow the Developer to begin preliminary site work as well as fill 1 16 acres of type 3 and unregulated wetlands on the Subject Property The Developer assumes the risk of proceeding prior to final site plan approvals. G. Recycling Program The Developer shall designate recycling space that meets or exceeds City standards and work with the City to maintain an effective recycling program including recycling of plastic film apparel bags, paper cardboard bottles and cans. Recyclable collection points and haul routes shall be designed to minimize impacts to pedestrian and vehicle routes. Section 9. Vested Rights. During the term of this Agreement, unless terminated in accordance with the terms herein, the Developer is assured, and the City agrees to the following: Page 8 of 15 08/18/2006 Wig Properties LLC, SS Development Agreement A. Vesting of the Project will occur when the City determines that the Developer has submitted a complete building permit application in accordance with the Vesting section of the Buildings and Construction Chapter (16.60.080 TMC.) B. The provisions of the TMC excluding building and fire codes of TMC Chapter 16, in effect on the vesting date, shall apply to the Project, except as otherwise provided for in this Agreement or by State or Federally mandated laws preempting the City's authority to vest regulations for the Project. C. In addition, pursuant to RCW 36.70B.170 (4) (Development Agreements Authorized) the City reserves authority to impose new or different officially adopted regulations of general applicability; but only if, and to the extent required by a serious threat to public health and safety as determined by the City Council and only after notice and an opportunity to be heard has been provided to the Developer. The Project shall not be subject to any development moratoria the City may adopt subsequent to the effective date of this Agreement unless necessitated by a serous threat to the public health safety and welfare. D In the development of the Project on the Subject Property, the development rights, obligations, terms and conditions specified in this Agreement, are fully vested in the Developer and may not be changed or modified by the City, except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented thereto by the Developer. Section 11. Minor Modifications. A. Modifications to the Aereement. The Mayor of Tukwila is hereby authorized to approve minor modifications that are necessarily and generally consistent with this Agreement. B. Modifications to the Proiect. The City Public Works and Community Development Directors are authorized to approve minor modifications that are necessary and generally consistent this Agreement. Such minor revisions shall not require an amendment to this Agreement and shall include: any revisions within the scope and intent of the original Project approvals; any revisions within the scope of the environmental documents; or any revisions that meet the provisions or processes of the TMC. Section 12. Further Discretionary Actions. Developer acknowledges that the existing Land Use Regulations contemplate the exercise of further discretionary powers by the City These powers include, but are not limited to, review of additional permit applications under SEPA. Nothing in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion Page 9 of 15 08/18/2006 Wig Properties LLC SS Development Agreement of the City and any of its officers or officials in complying with or applying Existing Land Use Regulations. Section 13. Existing Land Use Fees and Impact Fees. Fees adopted by the City by ordinance as of the Effective Date of this Agreement may be increased by the City from time to time and are applicable to permits and approvals for the Subject Property, as long as sueh fees apply to similar applications and projects in the City IV. GENERAL PROVISIONS Section 1. Assignment of Interests. Rights. and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Wig Properties, LLC and the City Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Section 3. Severahilitv. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. Section 4. Termination. This Agreement shall expire and/or terminate as provided below A. This Agreement shall expire and be of no further force and effect if the Developer does not construct the Project as identified in this Agreement, and does not submit a complete building permit application, per TMC 16, for development of the Subject Property that is consistent with approvals within three years from the effective date of this Agreement. B. This Agreement shall expire and be of no further force and effect if the development contemplated in this Agreement, and all of the permits and/or approvals issued by the City for such development, are not substantially underway prior to expiration of such permits and/or approvals. Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the City for any development. Page 10 of 15 08/18/2006 Wig Properties LLC, SS Development Agreement C. This Agreement shall terminate upon the expiration of the term identified in III Agreement, Section 7 or when the Subject Property has been fully developed, which ever first occurs, and all of the Developer's obligations in connection therewith are satisfied as determined by the City Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Agreement has been terminated. D. This Agreement shall terminate upon the abandonment of the Project by the Developer. The Developer shall be deemed to have abandoned the Project if/when application for development permits for the construction of the retail buildings or requests for revisions are not received in the allotted time frame. E. This Agreement may terminate pursuant to IV General Provisions, Section 3 Severability or Section 10 Default. Section 5. Effect noon Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the Subject Property, any other conditions of any other development specified in the Agreement to continue after the termination of this Agreement or obligations to pay assessments, liens, fees or taxes. Section 6. Effects upon Termination on City. Upon any termination of this Agreement as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant to then existing planning and zoning laws). Section 7. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Agreement by any party in default hereof. Section 8. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Westem Washington. Section 9. Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. Page 11 of 15 08/18/2006 Wig Properties LLC, SS Development Agreement Section 10. Notice of Default/Onnortunity to Cure/Disnute Resolution. A. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet: and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution process. B. After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party or Landowner to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs as provided in the Tukwila Municipal Code for violations of this Development Agreement and the Code. Section 11. No Third Partv Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. Section 12. Integration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are not other agreements, oral or written, except as expressly set forth herein. Section 13. Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organisations. Section 14. Terms Running with the Land. The terms set forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such Page 12 of 15 08/18/2006 Wig Properties LLC, SS Development Agreement portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. Section 15. Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Agreement as provided herein. Section 16. Notices. Notices, demands, correspondence to the City and Developer shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the parties as designated in III Agreement, Section 5 Notice to the City shall be to the attention of both the City Administrator and the City Attorney Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 17. Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law Section 18. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner to challenge this Agreement or any provision herein alleging the negligence or wrongdoing of Developer, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or Landowner(s). In such event and to such extent, Developer and/or such Landowners shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer and/or Landowner shall not settle any lawsuit without the consent of the City The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 19. No Presumntion against Drafter. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. Section 20. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, Limit or otherwise modify the terms and conditions of this Agreement. Page 13 of 15 08/18/2006 Wig Properties LLC, SS Development Agreement Section 21. Recording. Developer shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCN 36.70B.190, no later than fourteen (14) days after the Effective Date. Section 22. Legal Representation. In entering into this Agreement, Developer represents that it has been advised to seek legal advice and counsel from its attorney conceming the legal consequences of this Agreement; that it has carefully read the foregoing A and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be executed as of the dates set forth below OWNER/DEVELOPER: CITY OF TUKWILA By By Its Its Mayor ATTEST By City Clerk APPROVED AS TO FORM. By City Attorney STATE OF WASHINGTON ss. COUNTY OF On this day of 2006, before me personally appeared to me known to be the individual that executed the within and foregoing instrument, and acknowledged the said instrument to be his/her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. Page 14 of 15 08/18/2006 Wig Properties LLC, SS D evelopment Agreement Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: STATE OF WASHINGTON ss. COUNTY OF On this day of 2006, before me personally appeared and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged as the of the City of Tukwila to be the free and voluntary act of said party for the uses and purposes mentioned in this instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: Q\HOMEMOJRA'. aeys\808osdeva .DOC Page 15 of 15 08/18/2006 J y� 3 o a III m GI tt to to 0 r- TA kk b.' $y k N f ƒ 2 ©fi tee ƒt CC n w das- 0 g C i& a 6 EXHIBIT 2 SUBJECT PROPERTY LEGAL DESCRIPTION DEVELOPER'S PARCEL AND KOHL'S PARCEL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTTT -ON 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W i4 DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 °05'42" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 °12'25" WEST ALONG SAID EAST LINE 657 29 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A THENCE CONTINUING SOUTH 01 °12'25" WEST 24 50 TO THE POINT OF BEGINNING; THENCE NORTH 88 °00'36" WEST 70 13 FEET; THENCE SOUTH 85 °29'26" WEST 72 16 FEET; THENCE SOUTH 86 °59'24" WEST 135 75 FEET; THENCE NORTH 88 °00'36" WEST 152 79 FEET; THENCE SOUTH 81 °59'24" WEST 174 39 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34 50 FEET, AND A CENTRAL ANGLE OF 49 °36'53 THENCE SOUTHWESTERLY ALONG SAID CURVE AN_ARC LENGTH OF 29 87 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 01 08'35" WEST ALONG SAID EAST RIGHT -OF -WAY MARGIN 534 72 FEET; THENCE SOUTH 87 55'27" EAST 1267.66 FEET; THENCE NORTH 01 49'10" EAST 603 37 FEET; THENCE NORTH 88 00'36" WEST 648 40 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26; COMMENCING AT AFOREMENTIONED POINT "A THENCE NORTH 88 00'36" WEST 413 26 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 81 °59'24" WEST 180 41 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34 50 FEET AND A CENTRAL ANGLE OF 67 °55'15 THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40 90 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 01 08'35" EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN 15 86 FEET; 746E err 5 THENCE SOUTH 88 °00'36" EAST 213 12 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 756,907 FEET, OR 17 3762 ACRES MORE OR LESS SITUATE IN THE CITY OF TU WILA, KING COUNTY, WASHINGTON A ti §'AS 'WIG PROPERTIES .1W-4: NEW RETAIL SITE l_ v JOHA,NN G WASSERMANN, P L S ry F�`� BRH JOB NO 95254 08 i r i JULY 13, 2006 =,.tee BUSH, ROED HITCHINGS, P L 2009 MINOR AVENUE EAST 7fi� ,6 SEATTLE, WA 98102 (206) 323 -4144 P4CI t e f 5 LEGAL DESCRIPTION DEVELOPER'S PARCEL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W M DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 °05'42" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678 68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 12'25" WEST ALONG SAID EAST LINE 657 29 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A THENCE CONTINUING SOUTH 01 °12'25" WEST 24 50; THENCE NORTH 88 00'36" WEST 70.13 FEET; THENCE SOUTH 85 29'26" WEST 20 13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 85 °20 WEST 52 03 FEET; THENCE SOUTH 86 °59'24" WEST 135 75 FEET; THENCE NORTH 88 00'36" WEST 152 79 FEET; THENCE SOUTH 81 °59'24" WEST 174.39 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34.50 -FEET, AND A CENTRAL ANGLE OF 49 36'53 THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 29 87 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 01 08'35" WEST ALONG SAID EAST RIGHT -OF -WAY MARGIN 534.72 FEET; THENCE SOUTH 87 55'27" EAST 1267 66 FEET; THENCE NORTH 01 49'10" EAST 259 20 FEET; THENCE NORTH 88 WEST 382 55 FEET; THENCE SOUTH 01 59'24" WEST 13 83 FEET; THENCE NORTH 88 °00'3 WEST 357 00 FEET; THENCE NORTH 01 °59'24" EAST 355.72 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26; COMMENCING AT AFOREM✓NTIONED POINT "A THENCE NORTH 88 °00'36" WEST 413 26 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 81 °59'24" WEST 180 41 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34 50 FEET AND A CENTRAL ANGLE OF 67 °55'15 THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40 90 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; MS 3 et 5 THENCE NORTH 01 °08'35" EAST ALONG SAID EAST RIGHT -OF -WAY iii =RGIN 15.86 FEET; THENCE SOUTH 88 °00'36" EAST 213 12 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 497,638 FEET, OR 11.4242 ACRES MORE OR LESS SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON WASS WIG PROPERTIES VAS. NEVI RETAIL SITE 0 0 JOHANN G WASSERMANN, P L S BRH JOB NO. 95254 08 JULY 13, 2006 /v sai� a BUSH, ROED HITCHINGS, INC P 957 12 -za0 2009 MINOR AVENUE EAST 77/3 SEATTLE, WA 98102 (�j (206) 323 -4144 Pas 4 ee5 LEGAL DESCRIPTION KOHL'S PARCEL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W M DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 °05'42" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678 68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 12'25" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE CONTINUING SOUTH 01 °12'25" WEST 24.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 °00'36" EAST 648.40 FEET; THENCE SOUTH °49'10" WEST 344 17 FEET; THENCE NORTH 88 00'36" WEST 382 55 FEET; THENCE SOUTH 01 59'24" WEST 13 83 FEET; THENCE NORTH 88 °00'36" WEST 357 00 FEET; THENCE NORTH 01 °59'24" EAST 355.72 FEET; THENCE NORTH 85 29'26" EAST 20 13 FEET; THENCE SOUTH 88 °00'36" EAST 70.13 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 259,269 SQUARE FEET, OR 5 ACRES, MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON WA 8, WIG PROPERTIES 'i'° NEW RETAIL SITE Cr ft/ G. WASSERMANN, P L.S Z Am- BRH JOB NO. 95254 08 a,.- JULY 13, 2006 LUWD BUSH, ROED HITCHINGS, INC 2009 MINOR AVENUE EAST rer SEATTLE, WA 98102 1 6 e0 (206) 323 -4144 EXHIBIT CROSS MZNKL R BOULEVARD (TYPE(TYPICAL) NEW, ?L q: 12,5' ESM'T `r-"l""'"if� 4,5' B' PROPOSED PL EX. 30 'R/W 61-t. PROP05E0 EX. CL EX. 6.5' CONCRETE tr, SIDEWALK CONC. & CURB GUTTER 17' SAWCUT -- --' I -- ---------.� ___ r r J - ..rrA CL EXHIBIT 4 SOUTHCENTER PARKWAY CROSS SECTION (TYPICAL) 30' 36' R/W PL J LANZ) SCAN EXISITING EXISTING -' NEW CONC. ASPH. CONC. CONC. CURB SIDEWALK PAVEMENT & CUTTER EX %4t GRASS SECR� ° `1 EAST NORM AND (TYPICAL) a' RIW — _P� L._10' ESMT '�--\ 1— 1 fs �1 S'--�—I i I I CONCRETE SIDEWALK =t " 010.564 re 2%a <2.6-0-„\--c. ' -CURB GUTTER EXTRUDED CURB APP EMENT Tukwila Pond Park Strander Blvd Schematic Site Plan Off -Site Wetland Mitigation Exhibit 6 Mitigation Area Andover Park West ,�vJU.a ti COUNCIL AGENDA SYNOPSIS Of t t2 'nitiaG ITEeYSNO. 1 1 6 y 1 Afeetin2 Date Prepared by 1 Aia;or's rsiew 1 feureil review 1 n` Ir% 1 8/28/06 1 RT I ICO 9/5/06 1 14 0 4 1 isos 5,be I I I ITEM INFORMATION I CAS NUMBER: 06-094 I ORIGLNAL AGENDA DATE: AUGUST 28, 2006 AGENDA ITEMTImE Reject all Bids for the Boeing Access Rd /East Marginal Way Intersection Paving Project CATEGORY Discussion Motion RnoI tion p Ordinance Bid Award p pitmen -ii Other Aug Dais 8 /28/06 Mftg Date ditg Data 9 /5/06 Mtg Date lftg Date l ftg Da:: Mtg Dat.- I SPONSOR Council Mayor Arlin Svc; DCD Finance Fire p Legal P&R Police P11 7 SPONSOR'S All four bids submitted for the Boeing Access Rd /East Marginal Way Intersection Paving SUMMARY Project were over the budgeted amount. This resolution will reject all bids. Propose to use additional National Highway Safety funds, increase the project budget in 2007 and rebid earlier in the year for more favorable results. REVIEWED BY COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 8/14/06 RECOMMENDATIONS: SPoNSOR /ADMli\. Reject all bids by resolution. ConNurtbE Unanimous approval, forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $549,295.45 $220,585.00 Fund Source: 104.02 Commercial Streets (page 48 2006 CIP) Comments: Expenditure required includes the 10% contingency. 1 MTG. DATE I RECORD OF COUNCIL ACTION I 8/28/06 i Forward to next Regular Meeting 9/5/06 i MTG. DATE I ATTACHMENTS 8/28/06 i Information Memo dated August 10, 2006 Bid Tabulation Resolution Rejecting All Bids i Utilities Committee Minutes from August 14, 2006 1 9/5/06 1 Final Resolution .ra 55 qs 12€4 124 J 'l.. :Z B 08 City of Tukwila Washington Resolution No. A RESOLUTION OF THE UM' COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REJECTING ALL BIDS SUBMTITED FOR THE BOEING ACCESS ROAD EAST MARGINAL WAY INTERSECTION RESURFACING PROJECT. WHEREAS, sealed bids were solicited for the Boeing Access Road East Marginal Way Intersection Resurfacing Project; and WHEREAS, bids were opened and read aloud by the City Clerk on August 4, 2006; and WHEREAS, a budget was set for the construction of the pavement resurfacing improvements; and WHEREAS, all responsive bids were over the budgeted amount for the construction of the Boeing Access Road East Marginal Way Intersection Resurfacing Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: All bids are hereby rejected due to budget limitations. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. Ai 1t s i /AUTHENTICA1bU: Dennis Robertson, Council President Jane E. Cantu, CGvfC, 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 Dca^ae and Senb s AJJ g \Da.'gro ilyUf5DATA'R- tr;o 3 Bsl Re ;a2x OLm aevmoe Page 1 of 1 COUNCIL AGENDA SYNOPSIS 0/A0 y Lritial ITEAT No. i 4 4 1 M'etirs Date 1 Prepared in 1 .11a;or's miry 1 ruff&mien t t.� t N 4,-- l 09/ 5/06 1 1 LS I 2P 1 A ue— 1 \A L /s I r s o a I 1 I I I I I I 5 C ITEM INFORMATION CAS NUMBER: 06-097 j ORIGLNAL AGENDA DATE: AUGUST 28, 2006 AGENDA ITEM TITLE A Resolution supporting the Automated Fingerprint Identification System (AFIS) levy CATEGORY Discussion Motion N Resolution Ordinance Bid Award Public Hearing Other .\D: Date 08/28/06 Mtg Date Mfg Date 09/05/06 lftg Dat. ftg Date Aftg Dots Mtg Date I SPONSOR Council Mayor Adm Sut DCD Finance Fire Legal POR N Police P11 SPONSOR'S The King County Automated Fingerprint Identification System (AFIS) levy will appear on SUMMARY the September 19 election ballot. A Resolution in support of this important law enforcement tool is being requested. REVIEWED BY COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 08/21/06 RECOMMENDATIONS: SPONSOR /ADM Approve Resolution Cowt Unanimous approval; forward to C.O.W. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE 1 ED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/28/06 Forward to next Regular Meeting for consideration after citizen input MTG. TG. DATE ATTACHMENTS 08/28/06 Information Memo dated 8/16/06 Draft Resolution endorsing the AFIS Levy Finance Safety Committee Minutes from 8/21/06 9/5/06 Final Resolution m•. 7908 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING SUPPORT OF THE KING COUNTY AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AFIS) PROGRAM LEVY. WHEREAS, AFIS is the voter approved, levy- funded countywide Regional Automated Fingerprint Identification System program, a valuable public safety tool that quickly assists criminal justice agencies to fingerprint and identify arrested individuals suspected of crimes; and WHEREAS, the AFIS program was established as a regional system in 1988, and in 1992 was expanded to a 24- hour a-day, seven -day -a -week operation; and WHEREAS, the AFIS program's primary functions are to capture and database fingerprints and palm prints from suspects, to be used for identifying prints left at crime scenes, and to share that print and arrest data with other jurisdictions; and WHEREAS, since the inception of AFIS, the finger /palm print database has provided detectives with more successful solutions of crimes by matching those prints against prints Left at crime scenes; and WHEREAS, through 2005, AFIS has assisted in solving 17,141 crimes without a known suspect, based on crime -scene fingerprint evidence, and WHEREAS, since all inmates at King County jails were fingerprinted for positive identification at time of entry to the jail, AFIS identified 1,058 individuals in 2005 alone who gave false names at the time of arrest and over 300 who had outstanding warrants for other crimes; and WHEREAS, on September 19, 2006, King County voters will be presented with a ballot measure to approve the six-year levy at a rate of 50.0568 per 51,000 assessed value, which is less than last period's levy rate; and WHEREAS, the Tukwila Police Department has benefited from the placement and use of APIS equipment in the department; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Mayor and City Council of the City of Tukwila support the King County AFIS Levy, and urge citizens to vote °yes° on September 19, 2006. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. ATTEST /AUTHENTICATED: Dennis Robertson, 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•__._...._•.. and sce°sAn Uxarns:cv'Keusouoa'r&UR —:•,c .a.c :F, ,;:e38;,: 1Slart V3U2Wb Page I of I w 9 COUNCIL AGENDA SYNOPSIS J s,2' "ririal ITEM NO, i i y 1 MeetirhDate 1 Prepared ry 1 Mayor's reiev l ur:lr&i:v 1 2 1 08/28/06 1 KAF 1 I AJAR '1:- I 09/05/06 I I 4�z I .M Cj rsoa 4 I I I 1 ITEM INFORMATION I CAS NUMBER: 06-098 IOIUGLNALAGENDADATE: Aucusr28, 2006 AGENDA ITEM TILLE Reaffirm the increases to the utility tax rate and Seattle City Light contract payments scheduled for 2007. CATEGORY Discussion Motion Rnolution Ordinance Bid Award Public Hearing Other Mfg Date 08/28/06 Mtg Date 09/05/06 Mg Date Mtg Date .lftg Date Meg Date Mtg Date I SPONSOR Council 'vi Adm Svcs DCD Finance Fire Legal Pd&R Police PI*' SPONSOR'S Ordinance 1998 established the utility tax and set forth a schedule of rate increases with a SUMMARY requirement that the City Council review the necessity of the change. The utility tax rate is scheduled to increase from 5% to 6% in 2007. In addition, Ordinance 2012 granted Seattle City Light the privilege of operating an electric utility within the City. The contract payment for this privilege is scheduled to increase from 5% to 6% in 2007. In keeping with past practice, it is requested that the Council reaffirm both scheduled increases. REVIEWED BY COW Mtg CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. 9 Parks Comm. Planning Comm. DATE: 08/21/06 RECOMMENDATIONS: SPONSOR /ADMIN. Forward to COW Meeting for Council's motion to approve implement. COMMITTEE Unanimous approval; forward to COW Meeting on 08/28/06. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $n /a $n /a $n /a Fund Source: N/A Comments: N/A MTG. DATE 1 RECORD OF COUNCIL ACTION 08/28/06 I Forward to next Regular Meeting I MTG. DATE 1 ATTACHMENTS 08/28/06 Memorandum to Mayor and Finance Safety Committee, Dated 08/17/06 Ordinance No. 1998, Dated Nov. 18, 2002 Ordinance No. 2012, Dated Jan. 21, 2003 F&S Committee Meeting Minutes Aug. 21, 2006 09/05/06 I No attachments COUNCIL AGENDA SYNOPSIS ITEm No. of C s yS Wilds 19 i i 3feetLk Date 1 Prtpared Ir lfai or's /thew I Council r_rew 1. s N. e ,j 1 08/28/06 I DT 1 I S�J I 1 09/05/06 1 LLdh. 1 rsos I 1 1 1 I 5 i I I I I ITEM INFORMATION I CAS NUMBER: 06-099 I ORIGINAL AGENDA DATE: AUGUST 28, 2006 AGENDA ITEM TITLE Proposed amendments to standardizing language in certain sections of Fire Department ordinances. CATEGORY Drsnunon Motion Resolution Ordinance Bid Award Public Hearing p Other Mfg Date 08/28/06 Mtg Date Mtg Date .Aftg Date 09/05/06 lfta Date lftg Date hftg Date SPONSOR Counril Mayor Adrn Sour DCD Finance Fin Legal ❑P&P.. Police Pil%/ SPONSOR'S During some recent fire code enforcement action it was discovered that the various fire SU`L\LNRY code ordinances do not have the same wording in regard to appeals, exceptions, violations and penalties. The City Attorney has recommended that we align those sections for clearer interpretation and application in enforcement proceedings. REVIEWED BY COW Mtg CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: June 5, 2006 RECOMMENDATIONS: SPONSOR/ADMIN. Approve amended ordinances CONUITTEE Unanimous Approval; Forward to C.O.W. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED SO SO s Fund Source: N/A Corntnents: 1 MTG. DATE I RECORD OF COUNCIL ACTION 8/28/06 1 Forward to next Regular Meeting I MTG. DATE ATTACHMENTS 08/28/06 1 Information Memo dated 8/3/06 Summary of amendments to the 5 fire ordinances 1 Draft ordinances (5) 1 Finance Safety Committee minutes from 6/5/06 9/5/06 1 Final ordinances (5) 1 "08 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2047, AS CODIFIED AT CHAPTER 16.16, 'INTERNATIONAL FIRE CODE," OF THE TUKWILA MUNICIPAL CODE; AMENDING PROVISIONS FOR RE- INSPECTION FEES AND VIOLATION/PENALTIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City wishes to streamline the payment process for re- inspection fees and spot inspections, reducing staff time and increasing inspector productivity; and WHEREAS, to provide consistent penalties for non -compliance with the City's fire ordinances, the City wishes to designate these violations as gross misdemeanors, as defined by the Revised Code of Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2047, as codified at TMC 16.16.070 "Amendments to the International Fire Code," is hereby amended to read as follows: 16.16.070 Amendments to the International Fire Code. A. Portable fire extinguishers shall be installed in all occupancies. No exceptions will be allowed. B. Section 503 of the International Fire Code (2003 Edition) adopted by TMC Chapter 16.16 is hereby amended to read as follows: Section 503.2. 1. GENERAL. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. 2. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this section: a. "Fire apparatus access road(s)" means that area within any public right -of- way, easement, or private property designated for the purpose of permitting fire trucks and other firefighting or emergency equipment to use, travel upon and park. b. "Park," "Parking," "Stop," "Stand," or "Standing' means the halting of a vehicle, other than an emergency vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or fire official or traffic signal or sign. c. "Vehicle" means a machine propelled by power, other than human power, designed to travel along the ground or rail, by the use of wheels, treads, runners or slides, and shall include, without limitation, truck, automobile, trailer, motorcycle, tractor, buggy, wagon and Locomotive. 3. REQUIREMENTS STANDARDS. a. When required by the Fire Department, hard surfaced fire apparatus access road(s) shall be provided around facilities which, by their size, location, design CW oasrerts and SeWnce 11-ter ASctoa WISJATA\Or6r2r ur z ccal Tank Fie Code A,re &d.2cc DT:ksn 84112006 Page 1 of 5 or contents warrant access which exceeds that normally provided by the proximity of city streets. b. Fire apparatus access road(s) shall be required when any portion of an exterior wall of the first story is located more than 130 feet from Fire Department vehicle access. 4. SURFACE. Fire apparatus access road(s) shall be either asphalt or reinforced concrete, a minimum of two inches thick, or, when specifically authorized by the Fire Department, compacted crushed rock or other alternate surfaces may be used. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus. 5. WIDTH. The minimum unobstructed width of a fire apparatus access road shall be not less than 20 feet. 6. Aerial apparatus access roads shall not be Less than 26 feet. 7 VERTICAL CLEARANCE. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet, 6 inches. Exceptions: a. When conditions prevent the installation of an approved fire apparatus access road, the Fire Marshal may permit the installation of a the protection system or systems in lieu of a road. b. When there are not more than two Group R, Division 3 or Group U occupancies, the requirements of this section may be modified, provided, in the opinion of the Fire Marshal, firefighting or rescue operations would not be impaired. c. Clearances or widths required by this section may be inaeased when, in the opinion of the Fire Marshal, clearances or widths are not adequate to provide fire apparatus access. 8. TURNING RADIUS. The turning radius of a fire apparatus access road shall be approved by the Fire Marshal. 9. TURNAROUNDS. All dead end apparatus access roads in excess of 150 feet shall be provided with approved provisions for the turning around of fire apparatus. 10. BRIDGES. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the International Building Code or other regulations adopted by the City, and shall use designed live loading sufficient to carry the imposed loads of fire apparatus. 11. GRADE. The gradient for a fire apparatus access road shall not exceed 15 percent. 12. OBSTRUCTION. The required width of any fire apparatus access road shall not be obstructed in any manner, including the parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. 13. SIGNS. a. When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both b. Fire apparatus access roads shall be identified by painting the curb yellow and a 4-inch wide line and block letters 18 inches high, painted in the lane, at 50 -foot intervals, stating, "FIRE LANE NO PARKING," color to be bright yellow, or by the posting of signs stating, "FIRE LANE NO PARKINTG," and painting the curb. Signs shall be posted on or immediately next to the curb line or on the building. Signs shall be 12 inches by 18 inches and shall have letters and background of contrasting color, readily readable from at least a 50 -foot distance. Signs shall be spaced not further than 50 feet apart nor shall they be more than four feet from the ground. C10casnents and SACtiejsIA3 WerappIXeTAMSDATA1CrcThancirtematcnel Talk Fre c d=A d.COo DT:ksn e31/2DO5 Page 2 of 5 14. PARKING PROHIBITED Except when necessary to avoid conflict with other traffic, or in compliance with the direction of a police or fire official or traffic control sign, signal or device, no person shall stop, stand or park a vehicle, whether occupied or not at any place where official fire lane signs are posted, except a. Momentarily to pick up or discharge a passenger or passengers, or b. Temporarily for the purpose of and while actually engaged in loading property 15. FIRE APPARATUS ROAD(S) AS PART OF DRIVEWAYS AND /OR PARKING AREAS. The Fire Department may require that areas specified for use as driveways or private thoroughfares shall not be used for parking. These areas, when specified, shall be marked or identified by one of the two means detailed in TMC 16.16.070B.13.b. 16. EXISTNG BUILDINGS. When the Fire Department determines that a hazard, due to inaccessibility of fire apparatus, exists around existing buildings, they may require fire apparatus access road(s) to be constructed and maintained. 17 ENFORCEMENT It shall be the duty of the Tukwila Fire Marshal and /or the authorized designee(s) to enforce subsection 503.2. 18. VIOLATION PENALTY Any person violating any of the provisions of Section 503.2, "Fire Apparatus Access Roads," shall be guilty of a misdemeanor, and upon conviction, shall result in a fine of not more than 575.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. Section 2. Ordinance No. 2047, as codified at TMC 16.16.080 "Fees,' is hereby amended to read as follows: 16.16.080 Fees. A. Permit Fees: A fee of $100.00 shall be charged for each permit required by the International Fire Code. B. Re- inspection Fees: 1. Re- inspection Fees for New Construction, Tenant Improvements, and spot inspections. A re- inspection fee of $80 will be assessed when an inspection is requested for new construction, tenant improvements or spot inspections, or when upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements. Under these conditions, a follow -up inspection will be required. 2. Re- inspection Fees for Company -Level Inspections. A re- inspection fee of $60 will be =ascscald when, on the follow -up inspection 30 days after the initial company level inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of $85 will be assessed when, on a second follow -up inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of 5110 will be assessed when, on a third follow -up inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of 5135 will be assessed when, on a fourth and subsequent follow -up inspections, the inspectors find that the violations have not been corrected. 3. Exceptions. Any exception to the items covered by this section shall be made by the Chief of the Department or by the Fire Marshal. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. c:tIw. r s end Se ncs1Al UseapIKati 1$DATA'eta,^anonljat.i 'fl; TT_< F2 Code Ars& -0.Gtt DT:'rsl 8(3112006 Page 3 of 5 C. Penalties: The following penalties shall apply to these violations of the Fire Code: IFC OFFENSE BAIL SECTION 109.2.2 I Noncompliance with orders notices 1 55,000.00 1 109.2.4 I Unlawful removal of a tag 1 55,000.00 1 111.1 I Unlawful continuance of a hazard I $5,000.00 1 111.4 I Noncompliance with a Stop Work Order 1 55,000.00 1 503.2 I Parking on fire apparatus access roads I 575.00 D. Other Violations: Bail for all other violations is S75.00 plus court costs. Fines are forfeitable on the first offense and mandatory appearance is required on second offense. E. False Alarms: 1. Falco alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. False alarms, in excess of two per year, shall be fined under the following schedule: a. First false alarm no fine, warning b. Second false alarm no fine, warning c. Third false alarm 525.00 d. Fourth and subsequent false alarms $50.00 2. The number of false alarms shall be calculated by calendar year beginning January 1 and ending December 31. Section 3. Ordinance No. 2047, as codified at TMC 16.16.110, "Violations Penalties," is hereby amended to read as follows: 16.16.110 Violations Penalties. Any person who shall violate any of the provisions of TMC Chapter 16.16, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed 55,000.00, as outlined in TMC 16.16.080, or imprisonment for a tetut not to exceed one year or by both such fine and imprisonment The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. CWcoai Yrts and Se:a, ,slp1 Were Dermc We W 5DATA \Ordranx Tat Fie Cede M.Sded.dcc DT:tsn W31/2006 Page 4 of 5 Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. A i l ItI /AUTHENTICATED Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: CWpoorreas and Set6;661A1 L Is'Da]U<e'MSDATA`,erC $\in`snetcn J Tatk Tat Fse code a .d c DT:m 8131/2006 Page 5 of 5 f �4 flt e. o 7908 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2050, AS CODIFIED AT TMC CHAPTER 16.42, "SPRINKLER SYSTEMS," AMENDING PROVISIONS FOR RE- INSPECTION FEES AND VIOLATIONS/ PENALTIES; ESTABLISHING APPEALS PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City wishes to streamline the payment process for re- inspection fees and spot inspections, reducing staff time and increasing inspector productivity; and WHEREAS, to provide consistent penalties for non-compliance with the City's fire ordinances, the City wishes to designate these violations as gross misdemeanors, as defined by the Revised Code of Washington; and WHEREAS, the City wishes to use consistent language in its fire ordinances, which will provide clearer interpretation in enforcement actions regarding appeals and penalties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2050, as codified at TMC Chapter 16.42.110, "Re- inspection Fee," is hereby amended to read as follows: 16.42.110 Re- inspection Fees for New Construction, Tenant Improvements, and Spot Inspections. A re- inspection fee of S80 will be assessed when an inspection is requested for new construction, tenant improvements or spot inspections, or when upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements. Under these conditions, a follow -up inspection will be required. Section 2. Ordinance No. 2050, as codified at TMC Chapter 16.42.130, "Penalties," is hereby amended to read as follows: 16.42.130 Penalties. Any person violating the provisions of TMC Chapter 16.42, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed 55,000.00, as outlined in TMC 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shag be punishable as such. CADOor t and Se �.A3 Users \D-SdcA\Ke:AMSDATA \C* rG s4Sgic er0.r` dcd.[tt OT:ksa e(3112026 Page 1 of 2 Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 3. Ordinance No. 2050, as codified at TMC Chapter 16.42, is hereby amended by adding provisions for appeals, to read as follows: 16.42.140 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 4. Severabflity If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a sununary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after parsAge and publication as provided by law PASSED BY THE C11Y COUNCIL OF THE Ul Y OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2006. ATTEST/ AUTHENTICATED Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY- Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C aarnera and SemngsiAl U a c c l `ANISDATA\Crdrarce \5 rrXe Arn;'r .dcc DT :k snv20o6 Page 2 of 2 ,'o; 19f, 06 lr 7 908 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON AMENDING ORDINANCE NO. 2051, AS CODIFIED AT TMC CHAPTER 16.40, °FIRE ALARMS, AMENDING PROVISIONS FOR RE- INSPECTION FEES AND VIOLATIONS /PENALTIES; ESTABLISHING APPEAL PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City wishes to streamline the payment process for re- inspection fees and spot inspections, reducing staff time and increasing inspector productivity; and WHEREAS, to provide consistent penalties for non-compliance with the City's fire ordinances, the City wishes to designate these violations as gross misdemeanors, as defined by the Revised Code of Washington; and WHEREAS, the City wishes to use consistent language in its fire ordinances, which will provide clearer interpretation in enforcement actions regarding appeals, and penalties; NOW, THEREFORE, THE CH Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2051, as codified at TMC Chapter 16.40.130, "Re- inspection Fees," is hereby amended to read as follows: 16.40130 Re- inspection Fees for New Construction, Tenant Improvements, and Spot Inspections. A re- inspection fee of S80 will be assessed when an inspection is requested for new construction, tenant improvements or spot inspections, or when upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements. Under these conditions, a follow -up inspection will be required. Section 2. Ordinance No. 2051, as codified at TMC Chapter 16.40.150, "Penalties," is hereby amended to read as follows: 16.40.150 Penalties. Any person violating the provisions of TMC Chapter 16.40, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. eiocanests tserskoasuLaKey,v,sonktotmaresksJe A'a,ms;tess or: en 81312006 Page 1 of 2 Section 3. Ordinance No. 2031, as codified at TMC Chapter 16.40, is hereby amended by adding provisions for appeals, to read as follows: 1640.160 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appaats established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 4. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE C TY COUNCIL OF THE C11 Y OF TUJKWILA, WASHINGTON, at a Special Meeting thereof this day of 2006. APlhb1 /AUTHENTICAIhU: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C\DOarnst and Sen csW t ssWe dap\{. flMSDATA Orrinarc f2 Ai :m Sheets kre DT:fsi 8(31/2006 Page 2 of 2 y g otA k, y e 1 4 1808 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2052, AS CODIFIED AT TMC CHAPTER 14.24, "FIRE HYDRANTS,' CLARIFYING FIRE HYDRANT INSTALLATION REQUIREMENTS; AMENDING REQUIREMENTS FOR EXCEYIIONS; ESTABLISHING PROVISIONS FOR RE- INSPECTION FEES, VIOLATIONS/PENALTIES, AND APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City wishes to provide clarification to contractors on the installation of fire hydrants and reflective markers, which enable faster location of hydrants in emergency situations; and WHEREAS, the City wishes to streamline the payment process for re- inspection fees and spot inspections, reducing staff time and increasing inspector productivity; and WHEREAS, to provide consistent penalties for non-compliance with the City's fire ordinances, the City wishes to designate these violations as gross misdemeanors, as defined by the Revised Code of Washington; and WHEREAS, the City wishes to use consistent language in its fire ordinances, which will provide clearer interpretation in enforcement actions regarding appeals, exceptions and penalties; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2052, as codified at TMC Chapter 14.24.050, "Accessibility," is hereby amended to read as follows: 14.24.050 Accessibility A. Hydrants and guard posts shall be in plain view for a distance of 50 feet in the line of vehicular approach, free from shrubs, trees, fences, landscaping and similar obstruction. B. The 5" Stortz pumper discharge port shall face the street or, in the case of private hydrants, the direction shall be determined by the Fire Department. All hydrants shall have a Type 2 RMP blue raised pavement marker, reflective on two sides, Located as approved by the Fire Marshall. C. Hydrant supply lines shall be of such size and design as to provide the fire flow required by Appendix B of the International Fire Code, Fire Flow Requirements for Buildings, and the City's comprehensive water design standards. D. Tapping into City water mains shall be by the process known as "wet tapping" so as to allow un- interrupted service on those mains. Section 2, Ordinance No. 2032, as codified at TMC Chapter 14.24.060, "Exceptions," is hereby amended to read as follows: 14.24.060 Exceptions. Any exceptions to items covered in TIC Chapter 14.24 shall be made in writing by the Chief of the Fire Department and the officer in charge of the Fire Prevention Bureau of the Tukwila Fire Department, and must conform to the City's Public Works' standards and /or the City's Comprehensive Water Plan. Any written exception shall set forth the basis for the exception and its relationship to public health, safety or avoidance of undue hardship. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. C-:.a..�_... ad SeterrAll l'susAshav'Kr'h':\SSD.4TA'CL Fi.: H;±zti A_ n c.i&c DT:an MI RO% Page 1 of 2 Section 3. Ordinance No. 2052, as codified at TMC Chapter 14.24 is hereby amended by adding provisions for re- inspection fees, to read as follows: 14.24.070 Re- inspection Fees for New Construction, Tenant Improvements, and Spot Inspections. A re- inspection fee of 580 will be assessed when an inspection is requested for new construction, tenant improvements or spot inspections, or when upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements. Under these conditions, a follow -up inspection will be required. Section 4. Ordinance No. 2052, as codified at TMC Chapter 14.24, is hereby amended by adding provisions for violations and penalties, to read as follows: 1414.080 Violations Penalties. Any person who shall violate any of the provisions of TMC Chapter 14.24, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed 55,000.00, as outlined in TMC 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 5. Ordinance No. 2052, as codified at TMC Chapter 14.24, is hereby amended by adding provisions for appeals, to read as follows: 14.24.090 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 6. 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 7 Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2006. ATTEST/AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CIvIC, City Clerk Filed with the City Clerk APPROVED AS TO FORM BY. Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: c IDo. ce Salina u;a fl xxiiy•.sD.ATXOrd:e: ,s Eve H,:rct Arc eelde Dry 2n112056 Page 2 of 2 Vitq r 7906 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2053, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.48, "HIGH RISE BUILDINGS," ESTABLISHING PROVISIONS FOR RE- INSPECTION FEES, VIOLATIONS/PENALTIES, EXChFIIONS AND APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City wishes to streamline the payment process for re- inspection fees and spot inspections, reducing staff time and increasing inspector productivity; and WHEREAS, to provide consistent penalties for non compliance with the City's fire ordinances, the City wishes to designate these violations as gross misdemeanors, as defined by the Revised Code of Washington; and WHEREAS, the City wishes to use consistent Language in its fire ordinances, which will provide clearer interpretation in enforcement actions regarding appeals, exceptions and penalties; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2033, as codified at TMC Chapter 16.48, is hereby amended by adding provisions for re- inspection fees, to read as follows: 16.48.150 Re- inspection Fees for New Construction, Tenant Improvements, and Spot Inspections. A re- inspection fee of 580 will be assessed when an inspection is requested for new construction, tenant improvements or spot inspections, or when upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements. Under these conditions, a follow -up inspection will be required. Section2 Ordinance No. 2079, as codified at TMC Chapter 16.48, is hereby amended by adding provisions for violations and penalties, to read as follows: 16.48.160 Violations Penalties. Any person who shall violate any of the provisions of TMC Chapter 16.48, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed 55,000.00, as outlined in TMC 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be CV:come to and Settngsk9 Users\DeddcptKe A SOATAIOrdreacaVrch Rise Affeted.Gec DT:rm sfsumoa Page 1 of 2 punishable as such Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section3. Ordinance No. 2053, as codified at TMC Chapter 16.48, is hereby amended by adding provisions for appeals, to read as follows: 16.48.170 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire lvfarshal"s decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 4. Ordinance No. 2053, as codified at TMC Chapter 16.48, is hereby amended by adding provisions for exceptions, to read as follows: 16.48.180 Exceptions. Arty exception to the items covered by this section shall be made by the Chief of the Department or by the Fire Marshal. Requests for exceptions must be made in writing; exceptions .4..:C4 or denied shall be in writing. Section 5. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE Llt Y OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2006. AT 1 ES1/ AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C: 000zne 1s and SeWn sV41 Us s\D& V(eWSDATalcreraxrs ich Rise Arr Ced.COC DT:!BI 8/31)2006 Page 2 of 2 .tttt.A, iv COUNCIL AGENDA SYNOPSIS of Intiafr ITEM No G Op i Ti 1 1 M eeting Data 1 Prepared Ma ,or's ncitw 6 5 I IrCouneif rz::ry 1 0 N l 09/05/06 1 mlm I }.-c t r, 1�/ te a rsos I I I I I CO I I 1 1 ITEM INFORMATION CAS NUMBER: 06-102 IORIGLN.XL AGENDA DATE: SEPTEMBER 5, 2006 AGENDA ITEMTITLE Interlocal agreement for Valley Cities group to hire CBG Consulting, Inc. to perform a feasibility study in reference to the Departmetn of Justice COPS More grant award. CATEGORY 0 Discussion Motion 9 Resolution 9 Ordinance Bid Award 0 Public Honing Other %Itg Date Aftg Date 09/05/06 Mtg Date Mfg Dale Mcg Date \ftg Date \Ug Date 'SPONSOR Cottndl M Adm Sun DCD Finance Fin Legal PAR Polite P1V SPONSOR'S The original grant allocation of $98,723.00 is earmarked for a valley cities regional wi -fi SUMMARY network project feasibility study. This interlocal agreement for $39, 050 must be signed in order for the Valley Cities group, which includes the cities of Tukwila, Kent, Auburn, Renton, Algona, Pacific, Fife, Sumner, and Puyallup to hire CBG Consulting, Inc. to perform the first part of the study. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. 9 Parks Comm. 9 Planning Comm. DATE: 05/15/06 8E09/05/06 RECOMMENDATIONS: SPONsoR/ADMINN. Authorize Mayor to sign agreement at 9/5/06 Meeting COKNsrrEE Committee meets 9/5/06 prior to Regular Meeting COST- IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGEI ED APPROPRIATION REQUIRED so $o $o Fund Source: GRANT FUNDED Comments: This agreement allows the city to receive funding; therefore, there will be no cost impact. MTG. DATE RECORD OF COUNCIL ACTION 6/5/06 Interlocal Agreement to accept COPS MORE Grant Funds approved 1 1 MTG. DATE ATTACHMENTS J 9/5/06 Information Memo dated 9/5/06 1 Agreement for Consulting Services 1 To: Finance Safety Committee From: Mary Miotke, IT Manager (r4 Date: September 5, 2006 Subject: Valley Cities Regional Wireless Network Project Consultant Agreement Issue A previous interlocal agreement between the Valley Cities (Auburn, Fife, Puyallup, Sumner, Algona, Pacific, Kent, Renton, and Tukwila) for cooperation among valley cities in acceptance and use of a Department of Justice COPS More Grant allocation was signed by the respective Mayors in June 2006. These funds are earmarked for a regional wi -fi network feasibility study The Valley Cities group has now selected a consultant for this project, CBG Communications, and is asking all participant cities to approve and sign an additional interlocal agreement to hire CBG Consulting, Inc. to perform the feasibility study Background In early 2005, representatives from the valley cities met to discuss several regional issues that affect all of our cities. A common interest was wireless technology as a solution for public safety communications and as a possible tool for economic development. Instead of each city developing individual wireless solutions, a regional approach seemed logical. Several meetings ensued, approaching the subject from both a technical and economic development viewpoint. In February 2005, Representative Adam Smith's office contacted the City of Auburn about the possibility of an earmark grant for funding a valley cities regional wi -fi network. The valley cities include Tukwila, Kent, Auburn, Renton, Algona, Pacific, Fife, Sumner and Puyallup. In recognition of greater interaction between these cities, each city passed a resolution supporting the formation of a Valley Cities' Association. To this end, Tukwila Resolution #1593 was signed on November 7, 2005 On behalf of the group, an application was made through Representative Adam Smith's office to request initial funding for a feasibility study for this project. In February 2006, the Valley Cities Association was awarded grant funding in the amount of $98,723.00 from the Department of Justice COPS More Grant. These grant funds are earmarked for a feasibility study and the Valley Cities group now desires to retain a consulting firm to provide certain services in connection with this project. After reviewing several candidate firms, the group has selected CBG Communications, Inc, to provide consulting services. Discussion The scope of work for this consultant agreement is as follows: Provide a strategic plan to meet community and public agency needs through potential uses of fiber optic and wireless broadband infrastructure and services by performing a high -level analysis of existing telecommunication infrastructures /services in the areas represented by the Valley Cities. CBG will identify the current and future demand for fiber optic (backbone, dedicated and fiber -to- the premises [FTTP]) and wireless broadband services in the Valley Cities area. Determine the specific operational relationship between a new wireline/wireless broadband network and the current local government -owned emergency communications and wide area networks as well as to explore the most feasible and efficient integration of a new wireline/wireless broadband system. Prepare and provide analysis of a mail -out residential survey, working with the Valley Cities to develop an appropriate survey instrument. From the data gathered by this survey, CBG will evaluate fiber /wireless broadband models to meet the needs assessed and begin to identify the parameters required for next steps. Assist the Valley Cities leadership in determining goals for a new wireline/wireless broadband network. CBG will draft a strategic plan to present to the Valley Cities, as well as incorporate feedback from the cities into the final plan to be provided to each of the Valley Cities upon completion. The total Department of Justice COPS More Grant fund allocation amount is $98,723 The project cost required for this portion of grant fund expenditures totals $39,050. In order to proceed with hiring the consulting firm, each member city of the Valley Cities Association must agree to and sign the Interlocal Agreement. Recommendation Authorize the Mayor to enter into an Interlocal Agreement allowing the Valley Cities group to hire CBG Consulting, Inc. and appropriate $39,050 of the Department of Justice Cops More Grant funding to undertake a regional wi-fi feasibility study Attachments: Proposed Interlocal Agreement for Consulting Services. Please refer to Finance and Safety minutes dated 5/15/06, Committee of the Whole agenda packet dated 5/22/06, and Council Meeting agenda packet dated 6/5/06 for additional background information on this project. /mm AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT made and entered into on this day of 2006, by and between the CITIES OF AUBURN, FIFE, PUYALLUP, SUMNER, ALGONA, PACIFIC, KENT, RENTON AND TUKWILA, all municipal corporations of the State of Washington (hereinafter referred to collectively as the `Valley Cities and CBG COMMUNICATIONS, MC., hereinafter referred to as the "Consultant." WITNESSETH WHEREAS, the Valley Cities have received funding from the Federal government to conduct strategic planning for future telecommunications infrastructure within the region encompassing the member cities; and, WHEREAS, the Valley Cities desire to retain the Consultant to provide certain services in connection with said project; and, WHEREAS, the Consultant is qualified and able to provide consulting services in connection with the Valley Cities' needs for the above described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained, and, WHEREAS, the Valley Cities wish to have the City of Auburn (hereinafter referred to as the "City") serve as the agent for the Valley Cities regarding the Consultant's services; and, WHEREAS, the City of Auburn agrees to act as agent for the Valley Cities. NOW, THEREFORE, the parties hereto agree as follows: 1 Scone of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services. The Consultant shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City 2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Consultant of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Consultant's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such addendum were a part of this Agreement as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and Page 1 of 9 conditions of this Agreement except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control. In all other respects, any addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. 3. Performance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of addendum impractical prior to the commencement of the Consultant's performance of the requested services. The Consultant hereby agrees that it shall perform such services upon the oral request of an authorized representative of The City pending execution of an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4 Consultant's Representations. The Consultant hereby represents and warrants that it has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5 Valley Cities and Citv's Responsibilities. The City shall do the following in a timely manner so as not to delay the services of the Consultant: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Consultant to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Consultant and render decisions regarding such documents in a timely manner to prevent delay of the services. e. Act as the agent of the Valley Cities in all aspects of the administration of this Agreement. f. Compensate the Consultant from the grant funds held by the City on behalf of the Valley Cities. The Valley Cities shall: a. Direct all instructions for the Consultant to the City b. Furnish the Consultant with all information for the project and the services provided for herein. c. Designate in writing a person to act as each city's representative with respect to providing information to the Consultant. Page 2 of 9 6. Acceptable Standards. The Consultant shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City 7 Compensation. As compensation for the Consultant's performance of the services provided for herein, the City shall pay the Consultant the fees and costs specified on Exhibit `B" attached hereto and made a part hereof (or as specified in an addendum). The Consultant shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course, subject to any conditions or provisions in this Agreement or addendum. 8. Time for Performance and Term of A reement. The Consultant shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit "C" attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. The Term of this Agreement shall commence on the day of 200 and shall terminate upon completion of the performance of the scope of work provided herein, according to the schedule provided on Exhibit "C" attached hereto, unless otherwise agreed to in writing by the parties. 9 Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or othenvise prepared by the Consultant as part of his performance of this Agreement (the "Work Products shall be owned by and become the property of the Valley Cities, and may be used by the Valley Cities for any purpose beneficial to the Valley Cities. 10. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 11. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Agreement. This Agreement shall be administered by, on behalf of the Consultant, and by the Mayor of the City, or designee, on behalf of the City Any written Page 3 of 9 notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Consultant Auburn City Hall Tom Robinson 25 West Main 73 Chestnut Road Auburn, WA 98001 -4998 Suite 301 (253) 931 -3000 FAX (253) 931 -3053 Paoli, PA 19301 (610) 889 -7470 FAX (610) 889 -7475 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 14 Insurance. The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below Prior to the execution of this Agreement, the Consultant has furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies: a. Commercial General Liability insurance, acceptable to the Valley Cities, insuring the Consultant against loss or damages arising from premises, operations, independent contractors and personal injury and advertising injury Each Valley City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the Valley Cities, with minimum liability limits of S1,000,000.00 combined single limit for personal injury, death or property damage in any one occurrence. b. Such workmen's compensation and other similar insurance as may be required by law c. Professional liability insurance with minimum liability limits of S1,000,000. d. Automobile Liability insurance covering all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Page 4 of 9 15 Indemnification. The Consultant shall indemnify, defend and hold harmless each Valley City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including attorney fees, by any reason of or arising out of the act or omission of the Consultant, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement except for injuries and damages caused by the sole negligence of that Valley City If a final judgment is rendered against a Valley City, its officers, agents, employees and/or any of them, or jointly against a Valley City and the Consultant and their respective officers, agents and employees, or any of them, the Consultant shall satisfy the same to the extent that such judgment was due to the Consultant's negligent acts or omissions. Each Valley City shall indemnify and hold all other Valley Cities and their agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against another Valley City arising out of, in connection with, or incident to the execution of this Agreement and/or the Indemnifying Valley City's performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of another Valley City, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Indemnifying Valley City; and provided further, that nothing herein shall require the Indemnifying Valley City to hold harmless or defend another Valley City, its agents, employees and/or officers from any claims arising from the sole negligence of that other Valley City, its agents, employees, and/or officers. No liability shall attach to the any Valley City by reason of entering into this Agreement except as expressly provided herein. It is specifically understood that the indemnifications provided hereunder constitutes a waiver of immunity under the Industrial Insurance laws, Title 51 RCW, solely as it relates to the indemnifying party's employees and solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. 16. Assignment. No party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17 Amendment. Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of' any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or Page 5 of 9 waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination and Susnension. The City and the Consultant may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Consultant if the services provided for herein are no longer needed from the Consultant. If this Agreement is terminated through no fault of the Consultant, the Consultant shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit `B" hereof. 19 Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub contractors and their sureties. 20. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 21 Malleable Law. This Agreement and the rights of the parties hereunder shall be governed by, and interpreted in accordance with, the laws of the State of Washington and venue for any action hereunder shall be in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 22. Cantions. Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. Page 6 of 9 23 Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof' is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 24 Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 25 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN CONSULTANT Peter B. Lewis, Mayor Name: Title: Attest: Danielle E. Daskam, City Clerk Approved as to form: Daniel B. Heid, City Attorney Page 7 of 9 CITY OF FIFE CITY OF PUYALLUP Attest: Attest: City Clerk City Clerk Approved as to form: Approved as to form: City Attorney City Attorney CITY OF SUMMER CITY OF ALGONA Attest: Attest: City Clerk City Clerk Approved as to form: Approved as to form: City Attorney City Attorney Page 8 of 9 CITY OF PACIFIC CITY OF KENT Attest: Attest: City Clerk City Clerk Approved as to form: Approved as to form: City Attorney City Attorney CITY OF RENTON CITY OF TUKWILA Attest: Attest: City Clerk City Clerk Approved as to form: Approved as to form: City Attorney City Attorney Page 9 of 9 EXHIBIT A SCOPE OF WORK A. Develop a strategic plan to meet community and public agency needs through potential uses of fiber optic and wireless broadband infrastructure and services It will be necessary to understand how a comprehensive fiber optic and wireless broadband system can enhance existing connectivity, as well as provide broadband connectivity where none is being provided today In this vein, some of the potential users and uses are: Government communications services o Safety (Police and Fire) o Public Works o Social Services o Emergency notification Residential o Areas not served or underserved by cable modem, DSL or other forms of' broadband o Digital divide issues o Areas requiring portability Business o Areas not served or underserved by cable modem, DSL, or other means such as existing fiber optics o Impact on economic development and tourism CBG will perform the following activities and tasks: CBG will perform a high -level analysis of existing telecommunications infrastructure/services in the areas represented by the Valley Cities. This will include identifying broadband access options available to the communities in the Valley Cities' area, as well as businesses, residents, and schools within the area including provider names, contact information and general availability and functionality as well as the costs for those services. CBG will identify the current and future demand for fiber optic (backbone, dedicated and fiber-to- the premises [FTTP]) and wireless broadband services in the Valley Cities area. Focus groups and discussions will be held with local officials in each community to determine internal needs, as well as known, unfulfilled, Community broadband needs, demands and concerns for current and future wireline and wireless telecommunications in the area. Specifically, various local agency staff such as IT, economic development, public safety and administration, and elected officials will have a sense for what current governmental as well as residential and business needs may exist. In addition to these meetings, relevant public documents will be identified reviewed. 1 Focus groups will also be held with representative community, school district, and other educational and business organizations in each Valley Cities' jurisdiction concerning their wireline and wireless broadband needs. B. Determine the specific operational relationship between a new wirelinehvireless broadband network and the current local government -owned emergency communications and wide area networks Because the existing public safety systems are critical to the connectivity and communications applications of government and educational entities in the Valley Cities area, it will be extremely important to specifically look at the functions of the two systems that are synergistic with a potential new fiber optic wirelinehvireless broadband network and how such a network can both interconnect to and expand and enhance the capabilities of existing systems. CBG will work with the architects, engineers and operations personnel for the existing networks to explore the most feasible and efficient integration of a new wireline/wireless broadband system. C. Preparation and Analysis of a Mail -out Residential Survey CBG will develop a survey instrument to be mailed to a random sampling of homes in each of the Valley Cities. Topic areas to be covered by the surveys include demographic information; current broadband services; attitudes toward a variety of broadband related issues such as connection speed (transfer rate), cost, customer service, installation and applications; user profiles; needs and interests for additional and new broadband services; preference for various types of providers and systems; and other issues. CBG will work with the Valley Cities to develop the random sample and prepare an appropriate survey instrument. Copying, printing and sending and receiving mailing costs will be the responsibility of the Valley Cities (typically surveys are sent via first class mail to reinforce their importance, but are received back by business mail permit or another low cost means). In order to ensure valid statistical data for each individual city as well as the region as a whole, approximately 17,500 mailings will be made, covering the Valley Cities as indicated below Table 3 Community Population Households Recommended Anticipated Random number Sampling Size returned Algona 1 2,460 1 879 1 300 100 Auburn 1 40314 19,400 1 3,000 1 300 Fife 1 4,784 2,111 1 600 J 200 Kent 1 79,524 32,534 1 3000 1 300 Pacific 1 5,527 2,054 600 1 200 Puyallup 1 35,496 J 13,385 3000 1 300 Renton 1 50,052 1 22,699 3000 1 300 1 Sumner 1 8,504 3,687 1 1000 1 300 1 1 Tukwila 1 17,181 1 7,817 1 3000 1 300 1 Total 1 1 1 17,500 1 2,300 1 This will provide valid statistical data for the region as a whole, as well as the oversampling needed to provide valid statistical data that is individually applicable to each jurisdiction. From all the data gathered above CBG will evaluate fiber /wireless broadband models to meet the needs assessed and begin to identify the parameters that would be needed in an RFP or other solicitation and development process. D. Assist the Valley Cities leadership in determining goals for a new wirelinelwireless broadband network (such as uses and potential income) Based on the information gathered in the above steps, CBG will equip the Valley Cities with the information needed as well as a basis for going forward with an RFP or other solicitation and development process to facilitate a fiber optic/wireless system in the Valley Cities area. The steps in Tasks 1 and 2 mentioned above will also ensure a high level of government official, business and residential input into, and understanding of, the ultimate fiber optic and wireless network model and solution. CBG will prepare a draft Strategic Plan and present it to the Valley Cities, identifying potential system models, costs/benefits, identified uses and users and potential income if a revenue generating (rather than revenue neutral) model is pursued. Feedback from the Valley Cities leadership will then be incorporated in the overall data set and a final Strategic Plan will be developed and a of which will be provided to each of the Valley Cities. EXHIBIT B PROJECT COST The following hours and associated costs will be needed to perform each of the project elements for the Strategic Planning and Related Services Project. Category Task Hours I CBG Cost Strategic planning to meet community and public agency needs through potential uses of fiber optic and wireless 102 $15,300 broadband infrastructure and services Operational relationship with existing public safety system I 30 I 54,500 I Development and analysis of a residential community survey I 52 I $7,800** Assist the Valley Cities leadership in determining overarching goals for a fiber optic/wireless network (such as uses and 16 52,400 potential income) I I Sub Total 1 200 1 $30,000* CBG to be reimbursed for expenses such as long distance telephone, contract clerical charges, postage, copy and reproduction expenses, Fed Ex or courier expenses, other $3,300 similar expenses and where needed, travel expenses such as airfare, hotel, ground transportation, etc. 11% above Professional Services fees is used for estimation purposes. Specific coding costs for residential community survey(2300 I I $5,750 surveys returned) Total I I $39,050 1 1 1 1 I A blended rate of 5150 per hour is used for cost estimation purposes. The nine Valley Cities together are responsible for a sending mailing cost of approximately $8,750 (17,500 sent surveys times 50.50 per survey) and receiving mailing costs of approximately 5345 (2,300 times $0.15 per received survey). CBG will not exceed the above total expenditure of S39,050.00 without prior authorization of the Valley Cities. EXHIBIT C TIME SCHEDULE AND DELIVERABLES FOR THE PROJECT Deliverable I Delivery Date 1 Delivery of Mail -out Residential Survey to the Cities 1 September 1, 2006 1 1 Presentation of the Draft Strategic Plan 1 November 15, 2006 1 1 Presentation of Final Strategic Plan 1 December 15, 2006 1 Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O W. September 5 (Tuesday) 11 18 25 4 th Special Presentations: Labor Day See agenda packet Update on All (City offices closed) cover sheet for this Nations Cup event week's agenda Tukwila Pond (September 5, 2006 concept plan Regular meeting). October 2 9 16 23 30 Fifth Monday of the month —no Council meeting scheduled CO\i n OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING November 6 13 20 27 10Th Veterans Day (City offices closed) 23n 24th Thanksgiving, and day after Thanksgiving (City offices closed) Upcoming Meetings Events SEPTEMBER 2006 4th (Monday) 1 5th (Tuesday) 6th (Wednesday) i 7th (Thursday) 1 8th (Friday) i 9th (Saturday) Chamber of FARMERS MARKET I Equity LABOR DAY Commerce Gov't Corner of144thSt. and Diversity City offices Community Tukwila Intl. Bled Commission, closed Affairs Cmte Every Wednesday o 12:00 NOON (now through Sept. 27) (Shot:alta (Chamber Office 3:00 to 7:00 Pm rfiddle Sct:cot Library) RESCHEDL'EDT0 __•_t: SEP[tMBER www.ci.mkwita.xaust Finance Safety FM /tarmenmarket.htm Iii Court S:OO PM Utilities Cmte, (CR =3) 5 :00 PM (CR =1) City Council Regular Mtg., Sister City Cmte, 7:00 PM 5 :30 PM (Coawil (CR k7) Chambers) 1 llth (Monday) 1 12th (Tuesday) 13th (Wednesday) t-14th Thorsday) 1 15th (Friday) 1 16th (Saturday) 1 Transportation Community FARMERS MARKET Tukwila Rotary Human Senices Chipper Cate, affairs Pants Corner of 144th St. and Benefit Golf Provider,, Day 5:00 PM Cmte, Tukwila Intl Blvd Tournament at 11:30 As{ 10:00 psi to (CR PH 5 :00 PM Every Wednesday Foster Golf Links (Tukwila (CR =3) ommtm" 1 :00 PM (now through Sept. 27) C t0' 7 :00 PS1 C ene r) l Civil Serri« Arc Commission, rj 3:00 to F 1 10 Commission, 3:00 Ps[ (R 'act" (Communi if C R -3J ty �:l1 Cent d z II RESCHEDULED SEPT. Sign up nitre a >Ciy Council EROaf SF2r. 5TH FSULrmersmarkethtm temp or as an Committee of indtvid'aal. the Whole Mtg., >Highway 99 For more 7:00 PM Action Cmte, Suter City Cmte, information visit (Cowwi! 7:00 PM 5:30 PM wyvyv.mkwilarotat)• Chambers) Community (CR 63) tong j Center) EXTRA hSEf_ Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Burr at 206 431 -2197 >Arts Commission: )st Tues. 5:00 PM, Tukwila Commtnity Center. Contact Kimberly Vatej at 206- 767 -2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Damon at 206-575-1633. Chipper Da)s, sponsored by the Wash. Sate Dept of Agriculture: 3rd Sat, 10:00 AM to 1:00 PM, Foster H5 main parking lot Dispose of pnmings and plant m ^terials from the lonehomed beetle quarantine area. Drive your truckload of materials to the Tot and help will be provided to unload, chip, and dispose of materials free of charge. Be sure to bring ID with gu antine area address. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mom, 7:00 Psi Council Chambers at City Halt City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 2nd Mon_, 5:00 PM, Cunt Room 93. Contact Bev Wi lion m 206- 433 -1844 Community affairs Parks Committee: 2nd 4th Turs., 5:00 P5!, Conf Room =3. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed, 6:30 PM, Conf. Pon ,45. t farja \fury 1206-433-7175) Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Coat Room 45. Contact!nfacja Sfuuray at 206 -433 -7175. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Roam 45. Contact Evie Baykan or Stacy Hansen at 206 -433 -7180 Equity Diversity Commission: in Thum., 5:00 PM, Showalter Middle School Library. Contact Dianne Jenkins at 206-433 -1834. Finance Safety Committee: 1st 3rd Mon., 5:00 PM, Conf. Room '43. Agenda items fm 9/5106 muting: (A) Fireworks Permit for Sept 8' Fireworks Display at the Rivasida (B) Interlocalagrea:ant with Valley Cities to appropriate finds for feasibi litysallj )-Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Concoct Chit/Dave Haynes at 206-433 -1812. >Human Services Advisory Brd: 2nd Fri. of even months, 10:00 Amt Human Servicm Office. Confect Erie Boykin at 206-433-7180. >Human Services Providers: Quarterly, 11:30 AM, TCC (2006 3'17, 6!16, 9115, and 12.•8). Contact Stacy Hansen at 206- 433 -'181. >Library Advisory Board: 3rd Wed, 7:00 Psi, hotter Library. Contact Brace Fletcher at 206- 767 -2343 Lodging Tax Advisory Committee: Every* other month (or as scheduled), 12:00 NOON. Corlcct Katherine KerGman at 206 -575- 2489. >Parks Commission: 3rd Wed, 5 :30 PM, Senior Game Room at Community Center. Contact Kimberiy tfatej at 206- 767 -2342 >Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 Pst, Council Chambers at City Halt Contact f:5,r.etta Bivens at 206 -431 -3670. >Sister City Committee: Ist Wed, 5:30 PM, Conf. Room 9 3. Contact Bev Willison at 206-433-1844. >Transportation Committee: 2nd 4th Mon., 5:00 PM, Conf. Room I. Utilities Committee: 1st 3rd Tues.. 5:00 Psi, Conf. Room 41. Agenda items for 9/606 meeting: (A) Foster Point Sidewalks Change Order Proposal (73) Wattle Ave.58 Ave &Campbell Hill Waterlines Project Completion and Accepar e (C) 2006 Second Oumter Report Court= Busy Court aadlor Jury Calendar (noted to alert employees and citizens of poten parking difficulty).