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Home My WebLink AboutCOW 2006-08-28 COMPLETE AGENDA PACKET Tukwila City Council Agenda o 2' COMMITTEE OF THE WHOLE g %x i :O I Steven M. Mullet, Mayor Councilnzembers: Joe Duffle Joan Hernandez r Rho Berry, City Administrator Pam Carter Jim Haggerton 1908 Dennis Robertson, Council President Pamela Linder Verna Griffin Monday, August 28, 2006; 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE 2. CITIZEN At this time, you are invited to comment on items not included COMMENT on this agenda. To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. SPECIAL a. Council's role in citizen action items and complaints. Pg. 3 ISSUES b. A resolution rejecting all bids for the Boeing Access Road and Pg.7 East Marginal Way Intersection Paving Project. c. Wig Properties LLC-SS Development Agreement for Pg.15 Southcenter Square. d. Approve a contract with the consulting firm of Adolfson and Pg.47 Associates to assist DCD in the preparation of the Shoreline Master Program Update. e. Automated Fingerprint Identification System (AFIS). Pg.63 f. Utility tax ordinance review and reaffirmation. Pg.71 g. Proposed amendments to Fire Code ordinances necessary to Pg- standardize the language in certain sections of the TMC. h. Council goals for the 2007 Budget. Pg.107 4. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 5. MISCELLANEOUS 6. EXECUTIVE SESSION 7. 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- 1500/rDD 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. �v;� u COUNCIL AGENDA SYNOPSIS tc Inr .ls ITE f 1 r0. o 3 a Vii\ I fairgDatz 1 Przparcl b1 I I.faycr's >r.irw j-, Cavil mi-T: t 1 s e 2 I 08/28/06 1 DJ 1 _iVv;v\ (I� tIJk' I I I I I a 1908 I I I I I I ITEM INFORMATION CAS NUMBER: 06-093 I ORIGINAL. AGENDA DATE: AUGUST 28, 2006 J AGENDA ITEM TIME Council Involvement in Citizen Complaints CATEGORY Dirassian Mcticn ❑,Raduticn Ci;:,,,„,x Bid Ayard Fvlic-Hazrirr Other 1dtg Date 8 /28 /CS MttDate MtgDae AftgDate MtgDate AftgDaze MtgDse SPONSOR Cam it Mayor Ad'nSzcs DCD Firam Fire Legal PG- R Pclice PW J SPONSOR'S There is a wide range of views on council involvement with citizen concerns /complaints. SUMMARY The Council and Administration should discuss the view points and see if there is common ground on the best way to proceed. REVIEWED BY Cow. CA&P Cmre F&S Cmre Transportation Cmte wines Cmre El Am Comm. El Parks Comm. Plan Comm. DATE: RECOMMENDATIONS: SPONSOB/ADMIN. Discussion COMMITTEE I COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION I I I I I 1 I I I MTG. DATE I ATTACHMENTS 8/28/06 1Mento from Council President dated 8/24/06 I I I 1 I r I I I MEMORANDUM August 24, 2006 TO• Members, Tukwila City Council` K FR: Dennis Robertson, Council President RE. Agenda Item Council Involvement in Citizen Complaints Currently, we are using an Excel spreadsheet to track citizens' issues /problems and it is being reviewed weekly by the Council President and City Administrator There is a wide range of views on what council involvement should be with citizen issues /complaints. The views appear to range from: 1) Council members are elected to be citizen's representative and should track and be involved all the way in all citizen's issues and problems; 2) Council members should be able to track all citizen issues /complaints (via an on -line tracking system used by the administration) but should only get involve in a particular issue /problem if it becomes a policy type issue or is special for some other reason; and 3) Council members should turn all citizen issues /problems they receive over to the staff and let them prioritize and handle all issues and problems without council tracking or providing some type of oversight. The Council and Administration should discuss the above view points and see if there is common ground. 444„LA w COUNCIL AGENDA SYNOPSIS r V o 'It)) 7nitiah ITEMNO. I 14eei;nz Date I Prepared 1 dla�er'r m. -z v 1 ,:o; l 1 �7 uN,` 8/28/06 P I RTCtrrt, I A i 6 9/5/06 I CJ J tsoa I I I I I 1 1 I ITEM INFORMATION I CAS NUMBER: 06-094 I ORIGINAL AGENDA DATE: AUGUST 28, 2006 AGENDA ITEM TITLE Reject all Bids for the Boeing Access Rd /East Marginal Way Intersection Paving Project CATEGORY Dircturion Motion ®I oLttion Ordinance ❑Bid Award Public Healing Other Mtg Date 8/28/06 3 &g Da e aft Da e 9/5/06 AUg Date Mtg Data Mtts Date Mtg Date ISPONSOR Council Ma)or Adm Spa DCD Finance Fire Iagal P &R Police PI% i SPONSOR'S All four bids submitted for the Boeing Access Rd /East Marginal Way Intersection Paving SUThLUARY 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 C•1 &P Cmte F&S Cmte 10 Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 8/14/06 RECOMMENDATIONS: SPONSOR /ADMIN Reject all bids by resolution. COMM>rITEE 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. MTG. DATE RECORD OF COUNCIL ACTION 8/28/06 I 9/5/06 MTG. DATE ATTACHMENTS 8/28/06 Information Memo dated August 10, 2006 Bid Tabulation Resolution Rejecting All Bids I Transp. Con niteel Minutes from August 14, 2006 1 9/5/06 7 I INFORMATION MEMO To: Mayor Mullet From: Public Works Director) Date: August 10, 2006 VV Subject: Boeing Access Road East Marginal Way Intersection Paving BID REJECTION Project No. 06 -RWO1 ISSUE Award or reject all bids for the Boeing Access Road East Marginal Way Intersection Paving Project. BACKGROUND The project was advertised for bids on July 14 and 21, and four (4) bids were opened on August 4, 2006. The engineer's estimate was $466,110.00. Iakeridge Paving Company submitted the low bid of $499,359.50, which is $33,249.50 over the engineer's estimate. When contingency funds are included, a total budget of $549,295.00 is needed to award the contract. ANALYSIS This project is part of the 2006 Overlay Program, but has a separate CIP sheet (page 48) because the project is partially funded with federal dollars. The project's original budget, including federal funds and City funds totals $116,000.00. However, as has been recently discussed and experienced, the price of oil is driving up material and labor costs at an ever increasing rate. Public Works knew at the time of bid that the original budget was inadequate, especially when the engineer's estimate was $466,100_ It was anticipated that the 2006 Overlay bids would come in under the budgeted amount and the excess funds could be added to the existing $116,000 to make up the difference for the BAR/EMW project. Unfortunately, the low bid for the 2006 Overlay came in much higher than planned and the remaining available funds are only $104,585 The dollars available for the Boeing Access Road/East Marginal Way intersection is 8220,585 sum of $116,000 and $104,585. This leaves a shortfall of $328,710 ($549,295 minus $220,585). Unfortunately, the City does not have a source of funds to close the gap. BUDGET AND BID SUMMARY Actual Engineer's Estimate Budget Construction (Bid Amount) 499,359.50 466,110.00 116,000.00 Contingency (10%) 49,935.95 46,611.00 2006 Overlay w /Contingency 795,415.00 795,415.00 900,000.00 Total 1,344.710.45 1.308,136.00 1,016,000.00 RECOMMENDATION Reject all bids and re- advertise the project in 2007 after exploring possible contract cost reductions and/or increasing the budget through alternate funding sources. attachments: Bid Tabulation Draft Resolution (P.Pmjcas RS P 3ecm WUI\aid Ftzkalan 7C =a) City of Tukwila - Booing Access Road East Marginal Way Intorsoctlon Resurfacing Proloct Bld Tabulation Summery Item No. quantity Unit 'tom Description Boo. No. •41E0Y ";. (� �� Oh O Lal orlde° Paving Co. LokovIdo Industrlos Icon M torlals Woodworth & Company ��'yyy y,' }'yC I I ml alp ' pI y1 L •! ^ ,�' �{�(� UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 1 LS Mobilization 1.09 1i�c1• �7T V',11�I� �r1'I01 �MlMF �4 71L1�1T 4•e•' 524,500.00 524,500.00 5813,000.00 $66,000,00 $111,801.00 $711,067,00 5111,000.00 5111,00000 2 1 FA Temporary Wolin PollutioNEroslon Control 1 -07 r ` I. •• .0' i 5 (], Y 52,600.00 52,500.00 52,600.00 52,600.00 52,600.00 52,60400 52,600.00 52,50400 3 1 LS SPCC Pion Truglc Control Labor 1 -07 1-10 '4I�tl i<�4 p I ) 5rig '{7!�'• .,. $4',. 10 , '�"'!!r�y; Q.,o 52,000.00 52,000.00 565.00 527,500.00 51,000,00 51,000.00 505.00 532,600,00 52,000.00 52,000.00 $OO,OD 530,000.00 51,500.00 51,500.00 550.00 525,000.00 4 000 HR 5 220 SY Povomont Ropalr Excavation Including Haul 2 -03 {p'M ^tit l'f.t p711'• $30,00 56,000.00 543.00 59,050.00 520,00 54,400.00 542.00 $0,240,00 6 30 CY Unoultable Foundation Excavation 2.03 2 -03 t5+'4 'j1YM!1'1'TIfl pP •y�t.!TphgM1F J. , "H, 9 ifl '! II !Q' 5100.00 53,000.00 555.00 53,57500 540.00 51,200.00 520.00 51,300.00 530.00 51,08400 524.00 51,580.00 505.00 52,850.00 555.00 54,225.00 7 66 TN Gravot Borrow Including Haul { ?4; "!!" 7r'i�',�• (�hflp);,,�! !!4 k`IW!p1'y' %t5p�' 11 dN'A%AI06 4' 510.00 5400.00 510.00 5400,00 56.00 5320.00 505.00 5237,500,00 510.00 5400.00 507.00 $242,500.00 6 40 ST ConatrucOOn Gootox1110 2-12 5.04 500.00 5200,000.00 $73.00 5162,500,00 0 2,600 TN Clues 1/2 Inch 53.51 504,233,00 54.00 573,200.00 53.50 564,050.00 55.30 596,000,00 10 11 10,300 ST Planing Bituminous Pavement 5.00 '��!' vy:"^�'!'!. 'a'�S 25,4'49 1 FA Joint/Crack Soniing 5.04 y 'Y r" nl),f,,,,njr gg, 999'; �j 51,000.00 51,000.00 51,000,00 51,000,00 51,000 OD 51,000,00 51,000.00 $1,000.00 53,700.00 53,700.00 54,200.00 54,200.00 52,500.00 $2,500.00 53,500.00 53,600.00 12 1 EA Cement Conc, Sidowalk Romp Typo IA 8.14 13 14 15 10 EA Cement Conc, Sidewalk Ramp Typo 16 6.14 1j,Y pp �.. i�'0' YQ .y�+p°' 53,600.00 $35,000.00 54,600.00 $46,000.00 52,500.00 525,000.00 53,356.00 $33,500.00 550.00 51000.00 540.00 51,280.00 55000 51,600,00 551.00 51,03200 32 SF Rump DO1o01ab10 Waning Rotrolit 0-14 {113 ';,��!0''( 6!'Aif $2,600,00 52,50000 56,000.00 55,000.00 5700.00 5700.00 51,000.00 51,000,00 1 EA Abandon Catch Bonin 7.05 7-05 .ft, q57,; 14 .1 r•jti a9pgl's 'a "'g✓ )' 5176.00 50,300.00 5100,00 $3,600.00 $600,00 510,000.00 5100.00 53,600.00 5000.00 521,000,00 570,00 52,520,00 527000 $0,00000 $100,00 53,000.00 18 38 EA Replace Catch Bonin Frame &Grata 17 30 EA inlet Protection 6 -01 8-09 ' ' '� i,,^ ;IIIn3f, .OIL,I y, I', fl 4o$p1.4, ,:'jr'I', 52.00 52,020.00 51.75 52,555.00 53,00 54,380,00 52.30 53,35600 10 1,400 EA Raised Povomont Morkor, Typo 1 10 300 EA CA Rolood Povomont MOrkor, Typo 2 Loop Dotoclora 6.09 8.20 0-22 �!' •�i,, I �A,�•,N4 j,' P) 4:" p ' 2 p^; "fl', ''1';yg"t; .'�,�iy %4{, n!J7.4y., t,y'M PRO 1' ,, .' : h, ''p0i! �ti' 1 'Y ni' ,'.I YJ, 54,60 51.350,00 51,200.00 587.000.00 53.05 51,106,00 5000.00 543,000.00 54.00 51,200,00 5700.00 551,100.00 5345 51,035.00 5700,00 551,100.00 20 73 5125.00 52,075.00 5125,00 52,076,00 573,00 51,076.00 572,00 51,650,00 21 23 EA Plautio Traffic Arrow 1!(. Oyy 50.30 51,704.00 50.26 51,420.00 51.00 55,600.00 50.30 52,04400 22 4080 LF Pain Stripe, 4 Inch 0 -22 0.22 50.50 5305.00 50.40 5202.00 51.00 5730.00 50.42 5306.00 23 730 LF Paint Slripo, 61nch 24 020 LF Pipette Stripe, 12 Inch 622 �hrd 1 91ii ' ■ 5014'909 ,p0 4,0,1! 5480 55.302.50 56.50 54,537.50 50.00 54,050.00 50.00 54,950,00 515.00 $3,000.00 53.26 56,176.00 510.00 $2,000.00 53.00 55,70000 51300 52,600.00 54.00 57000.00 512.00 52 400,00 53.00 55,700,00 25 200 LF Plastic Stripa, 24 Inch 022 , itl 1)" 9,64 �l . { 4 ' 20 1,000 LF Edoe Rootoration 831 C g 1:15hI;11J1S1j' 2,; YF) {''Y$0,6Y.;354600,101011�x Presented Bid: $450,380.60 Presented Old: 5630,702.60 Proeantud Bid: 5680,000,00 Pr000ntod Bid: 5622,047.40 Colculotod by: ')RVM,.4.o ✓M,,Loh dale: $/1/ I, ?74 Checked by: \/n A a . 0 o ncr d01o: ti / ' V `l (' r4',y of lokx. •1/40.1111440.1.40010 rupOd 41,YUm COMMA. Codified by: DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REJECTING ALL BIDS SUBMITTED FOR THE BOEING ACCESS ROAD EAST MARGINAL WAY INTERSECTION RESURFACING PROJECT. WHEREAS, sealed bids ivere 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 Fast Marginal Way Intersection Resurfacing Project; NOW, THEREFORE, THE C11Y 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. ATTEST/ AUTHENTICA 1 ED: 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: a:d SeT... ==t1R U�.:D� Yel}:.\SDATA_Y_:`_-- Eocnz By Zn&.; GL-1= 2124.6 Page 1 of 1 Transportation Committee August 14, 2006 5:00 p.m. Present: Joe Duffie, Chair; Pam Carter, Joan Hernandez, Council Members. Jim Morrow, Director of Public Works; Frank Iriarte, Deputy Director; Bob Gicerson, Acting City Engineer; Mike Cusick, Senior Engineer; Gail Labanara, Public Works Analyst; Rcbin Tischmak, Senior Engineer; Jill Mosqueda, Engineer; Jack Pace, Deputy Director; Moria Bradshaw, Senior Planner; Diane Jenkins, Administrative Assistant to the Council; Leshya Wig and Mon Wig, Wig Properties; and Chuck Parrish, community member Business Aaenda A. Development Agreement for Southcenter Square Mr. Morrow related that Wig Properties has been working with the City for two years on the redevelopment of property located in the northeast corner of Southcenter Parkway and Minkler Boulevard (also referred to as the JC Penney warehouse site). In 2005, the Council passed resolution 1565 authorizing the Mayor to develop an agreement regarding improvements and off -site wetland mitigation at Tukwila Pond. The development agreement will be submitted for discussion at a future Committee of the Whole meeting and then presented to the Council for a public hearing and action at a regular council meeting.: Ms. Bradshaw provided an overview of the proposed developers agreement. The property consists of approximately 18.77 acres, has type 3 wetlands that total 1 16 acres. The developer will be enhancing 2.6 acres of wetlands and creating .88 acres of wetlands in the southwest comer of Tukwila pond. The developer will be responsible for maintaining that property for 10 years to ensure compliance. Also, they will be dedicating four feet of right -of -way to widen Minkler Boulevard and making frontage improvements (sidewalks, planting strip, and relocating utilities) and constructing a new half street along the north and east perimeters. Mr Morrow related that Wig Properties will be paying a transportation impact fee based on the square footage of the development. The City of Tukwila will credit the developer against the assessment for the Tukwila Urban Access /Klickitat Improvement Project LID Also, it is proposed to waive the meter connection fees in exchange for two 12° water mains. These costs would need to be paid from the General Fund and diverted to the Water Fund. Ms. Hernandez noted the developer's agreement refers to Section 9, Terms, and it should be Section 8. The references will be amended throughout the agreement. Mr Morrow indicated that a public hearing would be scheduled for the September 5 regular council meeting. Unanimous approval, forward to Committee of the Whole and then to Regular Council meeting for public hearing. B. Boeing Access Road East Marginal Way Intersection Paving Bid Rejection Mr Morrow related that two /three weeks ago, asphalt was $65/a ton; it has now risen to $80 /tan. It was recommended to reject all bids and re- advertise the Boeing Access Road and East tvtarginal Way Intersection in 2007 after either increasing the budget through alternate fundingsources or reducing the scope of the project/cost reductions. Mr Tischmak noted that the original budget was inadequate but it was hoped that the 2006 overlay bids would be under budget and excess funds could be applied to this project. The project was expanded to include the ramps so the project may be re-configured next year to only include the intersection. This year's and next year's annual allocation of the NHS (National Highway System) Federal Grant could be applied towards this project. Also, the project would be submitted for bids earlier in the year in hopes of getting a better price. Ms. Carter asked when this intersection was last paved. It was paved nine years ago in 1997 Unanimous approval, forward to Committee of the Whole and then to Regular Council meeting. Transportation Committee 2 August 14, 2006 C. Regional Transportation Committee Mr Morrow commented that in light of discussions at the various regional levels regarding transportation, information was requested on the funding sources the City receives for transportation. Ms. Carter explained that the Regional Transportation Commission (RTC) was seeking information regarding the current financing structure for transportation and transit and asked for visual representations to show how much revenue comes from state, federal, and local sources. The purpose is to educate RTC and begin to have a panel discussion on how changes in regional transportation governance may affect our City Mr. Morrow related that transportation projects may receive funding from four sources: federal funds, city revenue, state funds, and mitigation such as traffic impact fees and special assessments. He reviewed the pie chart, City of Tukwila 2006 Transportation Funding, to provide information to support current discussions surrounding transportation issues. In 2006, the City received $140,000 in gas tax (state funds) which is placed into the City's general fund. There was $22.08 million in revenue allocated in the Capital Improvement Projects (CIP) budget. He noted that 100% of the residential streets and bridge inspectionslrepairs are funded by the City's general fund. He noted that the City Council is very supportive of transportation projects: $7.8 million was allocated from City funds. Ms. Carter noted that the projects /grants vary from year to year, however, she asked if the proportions remain approximately the same. Mr Morrow indicated that they do federal funds and city revenues total about of the funds allocated to project. State funding and mitigation make up the remaining 'h. Mr Morrow will be attending the South County Area Transportation Board (SCATBd) meeting where possible scenarios for Sound Transit Phase 2 will be reviewed. He noted that the State of Washington has the option of funneling all federal funds to one organization to manage and oversee transportation projects. This is done in some states. Individual cities would no longer receive federal grant monies. There is not a lot of support for this concept. RTC is trying to determine the impact if there are changes in the way transportation is funded in order to make a larger impact. Mr Morrow indicated that this addresses the sub -equity issue and would remove a huge hurdle for regional projects. There could be a more coordinated approach and monies saved by consolidation and lower overhead. Ms. Carter noted that the enacting ordinance requires RTC to develop a new governing structure which has been amended to identify what changes are recommended so the RTC could arrive at their own conclusion. Old Business Mr Morrow noted that the concrete operators are on strike and the concrete drivers will not cross the picket line. Concrete must be used within 90 minutes of leaving the plant. This is impacting scheduled construction projects. Mr. Giberson explained that for federally funded projects, they will be given time extensions, but no overhead or time delay claims will be considered because it is covered as an 'act of God? Mr Morrow indicated that a meeting was held with the 52''' Ave. S. neighborhood to discuss the incident at the Sound Transit site. Repairs were made to the crane and they have changed procedures on the positioning of the motors: they will now be directly over the vertical beams. He explained that the crane shifting caused a build -up in pressure on the hydraulic ramps and some pressure was released. The crane has been thoroughly inspected and tested. Adjournment: 6:00 p.m. Committee Chair Approval Minutes by DJ, Reviewed by GL 3 COUNCIL A GENDA SYNOPSIS i c T,:i:iaL- ITEM N0. 0 -6r is 60 :41 1 mecti,tg Date 1 Prepared b, I 1la re i or'' ref few I r .{},;m it review i-i• i' in 0 1 08128/05 1 MCB 1 CkI'/c 1 '2 1908 I 1 1 I I ITEM INFORMATION CAS NUMBER: 06-095 I ORIGL\AL AGENDA DATE: 28 AUGUST 2006 AGE- \DA ITEMTITLE Wig Properties, LLC -SS Development Agreement CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing OtInr Mftg Dot. 8/28/06 37tg Date Mtg Dote 09/03/06 Mfg Date Mfg Derr \Itg Date 09/03/06 .lira Date ISPONSOR Couned Major Arlin Svcs DCD Finance Fire Legal P&R Police P11 SPONSOR'S The development agreement is for the retail redevelopment of the 3.C. Penneys warehouse SUMLiL\RY 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 COW Mtg CA &P Cmte FR•S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: August 14, 2006 RECOMMENDATIONS: SPONSOR /ADMLN. Approve Resolution authorizing Mayor to sign Development Agreement COMBIrrrEE Schedule public hearing for 9/5/06, followed by approval of Resolution 1 COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: MTG; DATE RECORD -OF COUNCIL ACTION MTG. DATE ATTACHMENTS 8/28/06 Information Memo and attachment from Public Works Director dated 8/18/06 I Draft Resolution authorizing Mayor to sign Development Agreement x'5 G i t 4 Transportation Committee Minutes from 8/14/06 1 I �5 INFORMATION MEMO To Mayor Mullet From: Public Works Directo Date: 18 August 2006 Subject: Development Agreement for Southcenter Square (J.C. Penney Warehouse Redevelopment) Issue Review and approve proposed Southcenter Square Development Agreement Backeround The use of Tukwila Pond Park for off -site wetlands mitigation to compensate for filling wetlands on the developer's subject property was negotiated between the City and Wig Properties in 2005 Community Affairs and Parks Committee reviewed and then the City Council passed Resolution 1565 authorizing the Mayor to enter into an agreement for the use of the park for wetland mitigation. As site planning progressed for the retail project, dedication of right of way and public improvements adjacent to the development site were negotiated between the Wig Properties and the City The Transportation Committee reviewed the proposed public improvements associated with the development as well as the details on the use of Park property in a draft Development Agreement (Attachment) Discussion The draft Development Agreement outlines the conditions of use for Tukwila Pond for the off -site wetland mitigation work as well other off -site public facility requirements necessitated by the proposed development. The developer requests approval by the Council of this Agreement in order to receive permits for site work prior to a BAR decision on the project, which is expected in September 2006. Due to the seasonal nature of construction work, the developer would like to begin required preloading of the property and other ground related construction prior to the rainy weather expected to start in November and prepare the site for tumover to an anchor tenant on March 1, 2007 Under this Agreement, the City's substantive responsibilities are as follows: 1 Enter into a Developer's Reimbursement Agreement (Latecomer's Agreement) in order for the developer to recover a pro rata share of the costs for their installation of the new signal on Southcenter Parkway and the construction of new north and new east half streets. 2. Credit the developer against its assessment for the Urban Access/Klickitat Improvement project LID for that portion of the Transportation Impact fee paid that is attributable to that project. No estimate available at this time. 3 Waive the permanent and Water Only meter installation fee for any new meter in exchange for two 12 inch water mains. This does not include the Cascade Water Alliance Fee) Estimate $4,400 4 Issue permits that allow the site to be preloaded and utility work begun prior to a decision by the Board of Architectural Review 5 Issue certificates of occupancy for the Southcenter Square before the wetland mitigation work is complete subject to receipt of a financial guarantee for 150% of the unfinished work. Under this draft Agreement, the developer's responsibilities are: 1 Begin the Project within three years. 2. Dedicate right of way and improve Minkler Boulevard. 3 Modify and improve frontage on Southcenter Parkway 4 Install a new traffic signal on Southcenter Parkway at the intersection with the new north street. 5 Construct and dedicate two new "half' streets along the north and east edges of the property 6. Sign "no protest" LID agreements for 61 Avenue S. Bridge Widening and for the Tukwila Urban Access/Klickitat Improvement Project. 7 Pay the City $86,000 for the use of Tukwila Pond Park as a wetland mitigation site and improve the property by removing invasive plants, replanting, diversifying the wetland classifications, expanding the wetland area, maintaining and monitoring for ten years. Recommendation Forward this draft Agreement and Resolution to September 5, 2006 Council Meeting for a public hearing and decision. Attachment: Draft Development Agreement 1 \Tvklwoi3M -10 ONIO7RA'penneys`D6cow rwrro323 doe DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING ENTRY INTO A DEVELOPMENT AGREEMENT FOR THE REDEVELOPMENT OF WESI'FILLD MALL AT SOUTHCENTER WITH WIG PROPERTIES LLC -SS. WHEREAS, the City of Tukwila and Wig Properties LLC-SS have proposed to enter into a development agreement under RCW 36.70B 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 on 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 36.70B.200 requires a development agreement to be adopted by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council hereby authorizes the Mayor to enter into a development agreement with Wig Properties, LLC -SS, a copy of which is attached hereto as "Exhibit Aa and by this reference fully incorporated herein, for the development of Southcenter Square at 17200 Southcenter Parkway PASSED BY THE CITY COUNCIL OF THE Lit Y OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. AI1b5I /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 Attachments: Exhibit A, Development Agreement C.'DoCmaG CM SeilinzslAll U:°rs`i su7`Zi;)'SISDATA'_RciWIG Pr�acs &c `ffi a vrzin_oos 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; do 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 Proiect. 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 Subiect 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 J 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 Development 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 otherwise 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. Proiect 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 J02 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 533,383.03 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 Frontaee 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 ship and an eight foot sidewalk and by Page 4 of 15 08/18/2006 028 Wig Properties LLC, SS Development Agreement relocating the street illumination, 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 Plan 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. c y Page 5 of 15 08/18/2006 Wig Properties LLC, SS Development Agreement i) Developer's Reimbursement Agreement. 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 TMC) 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 turnover 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 35 Wig Properties LLC, SS Development Agreement D. Use of Tukwila Pond Park a) Scone of Work. The Developer is hereby granted permission to use Tukwila Pond Park for off -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 t7 Wig Properties LLC, SS Development Agreement f) Protection of Work. Property 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 attomey'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 r 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 it 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 Project. 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 Pg 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 such 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. Incornoration 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. Severahility 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 unon 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. Snecific 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 Ven _e. 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 Western 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. 3 Page 11 of 15 08/18/2006 V Wig Properties LLC, SS Development Agreement Section 10. Notice ofDefault/Onuortunity 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 Parry 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 -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the 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 organizations. 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 J 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 Presumption 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 3; 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 RCW 36.70B.190, no later than fourteen (14) days after the Effective Date. Section 22. Legal Renresentation. In entering into this Agreement, Developer represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the 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 A'IThST 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 33 Wig Properties LLC, SS Development 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: QAHONIEWOIRKpenneyeS0806devagreaDOC Page 15 of 15 08/18/2006 3/ tn e? ROB'! I.t,/+ m. 78 „01,81-.105 „01,6 WS i O cc to 0 N r m co 2 ,l1Ci' t y--. 1]t to 0 CG M CG rays V0 4 M„t4,6„tOS -w y (n ,00'tr yy 0 to o 0.' SI a 0 0 P eel 0. 1' 0 W w W U t-+ w V m o C 0. _Ma {nw o o N X U 113 w 'c iLt to in N N ,ZZ'SrE ELI c:,- M,vz,6s,t0S f. /1 N o co N Z to tol o u, ui 0 1n r ro /0g Z -.e.-- CL In tt.1 Ce 0 3 W a N 0 a. i 10 a L1J E.5 co i '1:" N M n, o 'co m 4400, •.(4): am'I t..3 Q P i7 I 0 -i w N h Q W J C1 ,ZL'h£S 3.,Si,80. SOt: \\_,;(19'52 OH t f S OUTHCEIITCf PARKWAY a,N L cl 1 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 SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, S4 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 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 CURSE 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 -SWAY 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; 746 I ofs Jt� 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 TUKWILA, KING COUNTY, WASHINGTON WA ,5' WIG PROPERTIES ;I f�� .w s NEW RETAIL SITE JOHANN G WASSERMANN, P L S c3 g BRH JOB NO 95254 OS Kf JULY 13, 2006 111 4uIa1" BUSH, ROED HITCHINGS, INC E ix:Go° 2009 MINOR AVENUE EAST 777// SEATTLE, WA 98102 (206) 323 -4144 'P4Cw 5 37 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, TOSNSHIP 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 °29'26" 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 °00'3 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 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; �F}fs s 3 or THENCE NORTH 01 °08'35" EAST ALONG SAID EAST RIGHT -OF -WAY i' <GIi 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 rY Q 9 Cs WASS42 WIG PROPERTIES a aMAs4 �zf, NEW RETAIL SITE O Si JOHANN G WASSERMANN, P L S Is 4• 1 f) BRH JOB NO- 95254 08 Ma j JULY 13, 2006 t i 1, BUSH, ROED HITCHINGS, INC 12- 06 2009 MINOR AVENUE EAST A' SEATTLE, WA 98102 (206) 323 Past 4 095 3 LEGAL DESCRIPTION KOHL'S PARCEL THAT PORTION OF THE NORTHWEST QUARTER OF TFM 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 267868 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 01 °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 9520 ACRES, MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON G WP'S' k WIG PROPERTIES t t. 3 W ar i NEWS RETAIL SITE kiv 3 if JOHANN G. WASSERMANN, P L S i �g BRs-T JOB NO. 95254 08 JULY 13, 2006 C jai ?_e -7S j BUSH, ROED HITCHINGS, INC may._ 774170 2009 MINOR AVENUE EAST SEATTLE, WA 98102 P�} !eg S dig (206) 323 -4144 y 1 -1 1 t\ L\ 1 t 4 1 c i f 1 y i �t i t 4 5 i 4 1 1 tv U t l x t y tt t t 5 t 5 4 1. y i t ,t 5 e 7 l O v Os �tS' t y t lea_„, V+ d N O V+ rI Os Y C3 s w t ty L A r4 if? 5 4 i c Cu. 0 to 0 -3 a CA a l ~II o `'J a� o Y g- vs vsn ta 4 t a xo a as 7 co N f L1 J d rl U 0 w 2 30 o--i M Q Z CT) 1- -_-1 W L 1 1 Y N 1 l 0 :i m Cd 1 D a n 1 zv U 1 F N1 I X 00 H ZCe 1 1 W 0. v Ls 1 te 1 1 W 1 F PO I I Z o W 1 0 N 1- M 0 1 1 0ZZ i F Um 1 1 0 w 1 X d 1 w In a 1 a 1 1 1 1 1 1 1 1 4C2 0 t t 4- tt Cl U t Vy N t t Z t t 3\ I\ ttt 0 1-' 0 t t` �N� Z M 0 1 vY 1 t t *X 0 t a t t tt 4r, ti A to t A 0 g a t 1 st i ta l a sal c�0Q. t' ira w o t 1 5 5 rot It w Y d is Z 2 z N 5Y Q 0 ti t 4 t l 4 l O G z< ISOM wed JBAOPuy I I I I I I o I co i i a b c fA y 3 I- I C Y I o d o> a I c C t0 O a- a CL m Y N j CO c (n co O w y Transportation Committee August 14, 2006 5:00 p.m. Present: Joe Duffle, Chair; Pam Carter, Joan Hernandez, Council Members. Jim Morrow, Director of Public Works; Frank Iriarte, Deputy Director; Bob Giberson, Acting City Engineer Mike Cusick, Senior Engineer; Gail Labanara, Public Works Analyst; Robin Tischmak, Senior Engineer; Jill Mosqueda, Engineer; Jack Pace, Deputy Director; Mona Bradshaw Senior Planner; Diane Jenkins, Administrative Assistant to the Council; Leshya Wig and Mon Wig, Wig Properties; and Chuck Parrish, community member Business Aaenda A. Development Agreement for Southcenter Square Mr Morrow related that Wig Properties has been working with the City for two years on the redevelopment of property located in the northeast comer of Southcenter Parkway and Minkler Boulevard (also referred to as the JC Penney warehouse site). In 2005, the Council passed resolution 1565 authorizing the Mayor to develop an agreement regarding improvements and off -site wetland mitigation at Tukwila Pond. The development agreement will be submitted for discussion at a future Committee of the Whole meeting and then presented to the Council for a public hearing and action at a regular council meeting. Ms. Bradshaw provided an overview of the proposed developers agreement. The property consists of approximately 18.77 acres, has type 3 wetlands that total 1 16 acres. The developer will be enhancing 2.6 acres of wetlands and creating .88 acres of wetlands in the southwest comer of Tukwila pond. The developer will be responsible for maintaining that property for 10 years to ensure compliance. Also, they will be dedicating four feet of right -of -way to widen Minkler Boulevard and making frontage improvements (sidewalks, planting strip, and relocating utilities) and constructing a new half street along the north and east perimeters. Mr Morrow related that Wig Properties will be paying a transportation impact fee based on the square footage of the development. The City of Tukwila will credit the developer against the assessment for the Tukwila Urban Access /Klickitat Improvement Project LID. Also, it is proposed to waive the meter connection fees in exchange for two 17 water mains. These costs would need to be paid from the General Fund and diverted to the Water Fund. Ms. Hernandez noted the developers agreement refers to Section 9, Terms, and it should be Section 8. The references will be amended throughout the agreement. Mr Morrow indicated that a public hearing would be scheduled for the September 5 regular council meeting. Unanimous approval, forward to Committee of the Whole and then to Regular Council meeting for public hearing. B. Boeing Access Road East Marginal Way Intersection Paving Bid Rejection Mr Mon related that two /three weeks ago, asphalt was 565/a ton; it has now risen to S80 /ton. It was recommended to reject all bids and re- advertise the Boeing Access Road and East Marginal Way Intersection in 2007 after either increasing the budget through altemate funding sources or reducing the scope of the project/cost reductions. Mr Tischmak noted that the original budget was inadequate but it was hoped that the 2006 overlay bids would be under budget and excess funds could be applied to this project. The project was expanded to include the ramps so the project may be re- configured next year to only include the intersection. This years and next year's annual allocation of the NHS (National Highway System) Federal Grant could be applied towards this project. Also, the project would be submitted for bids earlier in the year in hopes of getting a better price. Ms. Carter asked when this intersection was last paved. It was paved nine years ago in 1997 Unanimous approval, forward to Committee of the Whole and then to Regular Council meeting. el Transportation Committee 2 August 14, 2006 C. Regional Transportation Committee Mr Morrow commented that in light of discussions at the various regional levels regarding transportation, information was requested on the funding sources the City receives for transportation. Ms. Carter explained that the Regional Transportation Commission (RTC) was seeking information regarding the current financing structure for transportation and transit and asked for visual representations to show how much revenue comes from state, federal, and local sources. The purpose is to educate RTC and begin to have a panel discussion on how changes in regional transportation governance may affect our City Mr Morrow related that transportation projects may receive funding from four sources: federal funds, city revenue, state funds, and mitigation such as traffic impact fees and special assessments. He reviewed the pie chart, City of Tukwila 2006 Transportation Funding, to provide information to support current discussions surrounding transportation issues. In 2006, the City received $140,000 in gas tax (state funds) which is placed into the City's general fund. There was 522.08 million in revenue allocated in the Capital Improvement Projects (CIP) budget. He noted that 100% of the residential streets and bridge inspections /repairs are funded by the City's general fund. He noted that the City Council is very supportive of transportation projects: $7.8 million was allocated from City funds. Ms. Carter noted that the projects /grants vary from year to year, however, she asked if the proportions remain approximately the same. Mr Morrow indicated that they do federal funds and city revenues total about of the funds allocated to project. State funding and mitigation make up the remaining Mr Morrow will be attending the South County Area Transportation Board (SCATBd) meeting where possible scenarios for Sound Transit Phase 2 will be reviewed. He noted that the State of Washington has the option of funneling all federal funds to one organization to manage and oversee transportation projects. This is done in some states. Individual cities would no longer receive federal grant monies. There is not a lot of support for this concept. RTC is trying to determine the impact if there are changes in the way transportation is funded in order to make a larger impact. Mr Morrow indicated that this addresses the sub -equity issue and would remove a huge hurdle for regional projects. There could be a more coordinated approach and monies saved by consolidation and lower overhead. Ms. Carter noted that the enacting ordinance requires RTC to develop a new goveming structure which has been amended to identify what changes are recommended so the RTC could arrive at their own conclusion. Old Business Mr Morrow noted that the concrete operators are on strike and the concrete drivers will not cross the picket line. Concrete must be used within 90 minutes of leaving the plant. This is impacting scheduled construction projects. Mr. Giberson explained that for federally funded projects, they will be given time extensions, but no overhead or time delay claims will be considered because it is covered as an act of God Mr Morrow indicated that a meeting was held with the 52 Ave. S. neighborhood to discuss the incident at the Sound Transit site. Repairs were made to the crane and they have changed procedures on the positioning of the motors; they will now be directly over the vertical beams. He explained that the crane shifting caused a build -up in pressure on the hydraulic ramps and some pressure was released. The crane has been thoroughly inspected and tested. Adjournment: 6:00 p.m. Committee Chair Approval Minutes by DJ, Reviewed by GL. yb COUNCIL AGENDA S�'NOPSIS o 4 j :riled, ITEM NO. C z I -t I 1 .1f ThIR Date 1 Prepared ay I I Ia r't rcre;✓ Cot l r 0% v i=` I 08/28/06 I SL 1 et I �A2 I 2 I I I I I .J lam{ r9 790s I I I I I I I 1 1 1 ITEM INFORMATION CAS NUMBER: 06-096 IORIGLNAL AGENDA DATE: AUGUST 28, 2006 AGENDA ITEMTU1E Consultant Contract for Shoreline Master Program Update CATEGORY N Disauston N Motion p ke oketian Ordinaare Bid Award Public Hearing Otkr ABg Dat. 8-2S-06 MUg Dots 09/05/06 Meg Date leg Dat. 3fig Dale Mrs Date lUg Dats I SPONSOR p Coll nnl Ma Alin) Svcs N DCD Finance Fire Legal Po-R p Police PTP/ SPONSOR'S The City has been awarded a grant of $65,000 from the Department of Ecology for the Su\ ?.IARY 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. N CA &P Cmte FR•S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm" Planning Comm. DATE: August 15, 2006 RECOMMENDATIONS: SPONSOR /ADM. Approve consultant contract; forward to 9 -5 -06 Consent Agenda 11 CO,MMrrrEE Unanimous Approval; Forward to COW I COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $48,000 $65,000 $0.00 I Fund Source: DEPARTMENT OF ECOLOGY GRANT (GRANT No. G0600234) Comments: MTG. DATE I RECORD OF COUNCIL ACTION I I I I I I I 1 1 I I MTG. DATE I ATTACHMENTS I 8 -28 -06 1 August 22, 2006 Memo from Steve Lancaster to Committee of the Whole I Community Affairs and Parks Minutes (8- 15 -06) I Contract with Adolfson Associates with attached Scope of Work and Budget I I I I I 1 <1+ I I 1 I j r s City of Tukvvida i Steven M'Wallet, Mayor A Department of Community Development Steve Lancaster, Director 1908 INFORMATION MEMO To: Council President Dennis Robertson, Members of the City Council, Mayor Mullet From: Steve Lancaster, Director, Depaitinent of Community Development Date: August 22, 2006 gait-J Subject: Consultant for Shoreline Master Program Update ISSUE Approve the hiring of Adolfson Associates consulting firm to assist the Department of Community Development with the update of the Tukwila Shoreline Master Program (SMP). BACKGROUND The City began updating its SMP in 1999 and prepared a baseline inventory, draft SMP including revised and expanded shoreline goals and policies and draft design guidelines. A Citizen Advisory Committee was appointed, met to review SMP policies and recommended a draft SMP for Planning Commission consideration in March, 2000. As new Ecology SMP guidelines were in flux at the time, the City's SMP update was put on hold in late 2001 before the Planning Commission completed its review The Department of Ecology adopted new shoreline regulations in 2003 Under the regulations, the City of Tukwila is required to have an updated SMP by December, 2009 The City applied for and received a 2005 -2007 Grant of S65,000 from the Washington State Department of Ecology to assist in the update of the City's Shoreline Master Program. Of the grant award, S48,000 would be used for consultant services, with the remainder being used to support in- house staff. No City matching funds are required. The Community Affairs and Parks Committee reviewed this contract at their meeting on August 15, 2006, and recommended approval and placement on the agenda for the Committee of the Whole. DISCUSSION A Request for Proposals was issued on June 16, 2006 with proposals due on July 21, 2006. Five proposals were received and four consulting firms were interviewed. The selected consultant firm, Adolfson Associates, has extensive experience in working with Puget Sound communities in preparing updated Master Programs. The City worked with this consulting firm on the update of the Sensitive Areas Ordinance, which the Council adopted in 2004 CL Pane I oft 08'222006 1 1:50 A\t Q92003 Shoreline Grant \COP." Memo-Consultnnt Conoact.doc 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 Committee of the Whole August 28, 2006 Consultant for Shoreline Master Program 'Update The consultant will build upon the work prepared from 1999 -2001, particularly using the inventory work that was developed. The general scope of the consultant services will be to describe the larger geographic context of our shoreline (basin -wide level) and our shoreline functions, identify restoration sites and prepare a restoration plan, review development and redevelopment potential along the river so that the cumulative impacts of this development can be estimated, and assist with developing new shoreline environment designations. There are several reports that the Shoreline Regulations require that will be prepared by the consultant. New shoreline maps will be prepared jointly by the consultant's GIS staff and the City's. RECOMMENDATION Place the request for consultant contract approval on the Consent Agenda for the regular City Council meeting on September 5, 2006. Attachments: August 15, 2006 Community Affairs and Parks Committee Mtg. Minutes Contract with Adolfson Associates, with Attachments (Attachment A. Scope of Work, Attachment B Budget and Fee S chedule) CL Page 2 of 2 08 212006 11:50:00 AM Q: 2005 Shoreline Grant.CO W \femo-Consnitant Coatractdoc Community Affairs and Parks Committee August 15, 2006 5:00 p.m. Present: Joan Hernandez, Chair; Joe Duffie, and Pam Linder, council members. Rhonda Berry, City Administrator; Steve Lancaster, Director of Department of Community Development (LCD); Jack Pace, Deputy Director DCD; Derek Speck, Economic Development Administrator; Kathy Stetson, and Joyce Trantina, Code Enforcement Officers; Diane Jenkins, Administrative Assistant to the Council; and Chuck Parrish, community member Business Agenda: A. Proactive Code Enforcement Update Mr Lancaster reported that beginning in January of this year, two full -time code enforcement officers began proactive efforts to address certain violations across the City instead of a complaint -driven model. Data was gathered to assess which neighborhoods had the most violations. Ms. Trantina explained how the city was divided into nine zones and assigned to each officer However, by using a computerized program, it will allow either officer to address issues or answer questions outside their designated area. Normally, the officers handled 200 -300 cases per year they have now tripled their case load. It is anticipated that there will be 700 -800 cases in 2006. As of today, approximately 35% of the City has been examined for such items as junk vehicles, garbage and debris, graffiti, unsafe /derelict structures, and illegal parking of more than three vehicles. The response from property owners has been positive. Also, the code enforcement officers have been working on the backlog. In 2003, there were 60 cases that dated back five years or more; this list has been reduced to 10 and by the end of the year, it should be reduced to four Some of the difficulties arise in trying to locate a property owner Ms. Trantina noted that last year the City established an abatement fund which has been utilized to clear two residential properties; tax liens will be placed on the property to recover these monies. In three years, the lien becomes due and payable. Forward presentation to future Committee of the Whole. Information only. B. Discussion of Vacant Structures Ordinance /Proposal Ms. Trantina pointed out that there are approximately 40 -50 identifiable vacant structures in residential neighborhoods. They are not attractive; can be targets for vandalism, arson, crime, and trespass; and undermine the aesthetic character of a neighborhood. Some cities have developed or are developing ordinances regarding vacant structures. Many of the ordinances require that the property not look vacant and/or limit the amount of time it can be left vacant. Ms. Trantina reviewed efforts by neighboring cities to improve the overall appearance of vacant structures (no boarded -up structures). City of SeaTac has adopted an ordinance; the cities of Des Moines and Federal Way are in the process. The committee members agreed that a more aggressive approach is needed and that a proposed ordinance should be drafted to address this situation Ms. Hemandez noted that the City must lead by example and referred to an abandoned house owned by the city; Mr Speck indicated that the house was scheduled for demolition later in the week. Mr Lancaster indicated that an ordinance would be drafted for review Return to future CAP with a DRAFT Ordinance. C. Discussion of Rental Housing Licensing Ordinance1Proposal Ms. Stetson referred to a report, "Housing Needs Assessment and Condition Survey,' conducted in June 2004. Should the City require a Rental Housing License and inspection for all rental dwelling units? There are more multi family rentals than single family units, more renters than homeowners, over 40% of the renter occupied housing units are rated as needing maintenance, and a large number of housing units are overcrowded. Currently, City of Tukwila requires a license for five or more units. Ms. Stetson researched this issue and provided case studies from cities across the United States on programs that have been implemented, She reviewed the program implemented in the City of Hopkins, Minnesota which is similar to the demographics of the City of Tukwila. The implementation of this program assisted the city in ensuring minimum housing standards and helped bring structures into compliance. A 20 -page educational packet was developed to present the information in a clear and concise manner It addresses all items address numbering, debris, landscape maintenance, junk vehicles, fire protection standards and outlines the inspection program and penalties. Since its inception in Hopkins, Minnesota, all buildings have come into compliance and they have not had to revoke one license. Tenants no longer have to be fearful of landlord reporting code violations because of the routine inspections. It has improved the substandard living conditions of many units. Tenants are more aware of their rights. Ms. Stetson indicated that many tenants living in Tukwila do not exercise their rights and are afraid to complain. This is even more difficult if there is a language barrier Ms. Hemandez commented that if everyone is expected to j comply with the same standards, it is easier to understand and enforce. Mr Duffie noted that this Community Affairs Parks Committee 2 August 15, 2006 would assist landlords in documenting their unit during the inspection process in cases where the tenant causes substantial damage. King County Housing Authority routinely inspects their units every six months. Ms. Stetson conveyed that the inspection process would not be a structural inspection. Once it has been inspected. it could then be done when a unit is vacant or every three years. Ms. Hernandez asked if this program could be implemented with current staff. Ms. Stetson conveyed that a license could either be issued through City Clerk' office or Code Enforcement, Department of Community Development. The inspections would be a challenge as the program is initially implemented. Ms. Stetson indicated that the number of occupants per unit could also be addressed to ensure there is not overcrowding. Ms. Berry referred to the Hillsborough County inspection program, 2 paragraph, of the rental housing inspection program. It states, .establish a proactive approach to enforcing Minimum Housing Standards rather than relying on a complaint driven system. .because no one ever complains due to fear of possible eviction. Lower income tenants are the most vulnerable to unsafe and indecent living conditions. They are also least likely to report v olations.. Ms. Berry asked if Hillsborough instituted safeguards or through the inspections, there is no need for tenants to make complaints. Mr Lancaster believed that due to the inspections, it takes the pressure off of tenants. The inspectors show up on an annual basis and this has been a proven method to improve the quality of life. Ms. Stetson noted that it is difficult for tenants to find a lavryer who will assist them in processing their complaints through Washington State's current tenant/landlord act. Mr Duffle believed that this would protect the residents and help bring many structures into compliance with minimum housing standards. Ms. Stetson related that the City of Pasco's ordinance regarding inspections is being challenged in the courts. A decision is expected to be rendered by the end of the year Ms. Linder suggested that the registration process could be implemented prior to the inspection component being added while this is being handled. Mr Pace indicated -that a proposed ordinance could -be drafted -for discussion-and consideration. Ms. .Stetson suggested that workshops could be offered to help educate landlords and tenants or possibly telecast this information. Mr Duffle stressed the importance of working with the residents and soliciting input from them. He felt that this would be a valuable program. The City could certainly use the information gathered from other cities as a starting point. Ms. Linder pointed out that this would improve the housing stock in the City of Tukwila. Real estate values would increase for all property owners. Ms. Stetson referred to accessory dwelling units which may or may not be a rental unit. Mr Pace suggested that a registry be created and all accessory building units who registered would be grandfathered; any others discovered at a later time would need to meet current building standards. The Committee agreed that this is a program they would like to implement and asked that a proposed Ordinance be drafted for their review Return to future CAP with a DRAFT Ordinance. D. Consultant for Shoreline Master Program Update Mr Pace related that the City of Tukwila received a S65,000 grant from Department of Ecology to prepare an updated Shoreline Master Program (SMP). The City has designated S48,000 to pay for consultant services to assist in the update of its SNIP Staff is recommending that a contract be executed with Adolfson Associates to undertake this work. Forward to August 28 Committee of the Whole meeting. Old Business: Mr. Lancaster has been in contact with the City of SeaTac's Land Use Parks Committee to arrange for an informal joint meeting with this committee. October 12 was identified as a tentative date to get acquainted. Ms. Linder sought clarification on the requirements for emergency training for council member and possible impacts on grant funding. This will be researched. Adjournment: 6:30 p.m. Committee Chair Approval Minutes by DJ. Contract No. CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Adolfson Associates hereinafter referred to as "the Contractor", whose principal office is located at 5309 Shilshole Ave. N.W.. Sprite 2nn Seattle. WA 98107. WHEREAS, the City has determined the need to have certain services r L ed for its citizens but does not have the personnel or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, 1N CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, roles and ordinances applicable to the performance of such services and the handling of any fonds used in connection therewith. Tne Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way 2. Comnensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. Tne total amount to be paid shall not exceed S4 8.000.00, 3. Contractor Budget The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way 4. Oration of Agreement This Agreement shall be in ivll force and effect for a period commencing Sentember 5, 2005 and ending lime 90. 2007 unless sooner terminated under the provisions hereinafter specified 5, Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement Nothing in this Agreement shall be considered to create the relationship of employer and errploym between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or cordributing to the State Industrial insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contactor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, inn ding attorney's fees, arising from injury or death to persons or d®age to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in perfuming the work reqaired by this Agreement With respect to The performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Tdle 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 an behalf of any employee of the Contractor. 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 daages referenced by this paragraph were caused m ed by or resulted from the comment 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 Contractor, its officers, agents, and employees. 7. Record Keening and Reverting. A. The Contractor shall maintain accounts and records, including personnel, property, -gnan"iaa and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensse the performance of this Agreement. 53 CL Ptnehaf2 t311rems AM $ViA5-2076 Sbadis Ccz1'CS ^_W CB nzil. A— Contract for Services Shoreline Master Program Update B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to desitu} them is granted by the office of the archivist in accordance withRCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. 10. Discrimination Prohibited. The Contractor shalt not discriminate against any employee, applicant far employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 11. Amaianment and Subcontract. The Contractor shall not assign or subcontract any portion of the services coentplatedby this Agreement without the written consent of the City 12. Emirs A,3eement This Agreement ccmtains the enure Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the a Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement 13. Notices. Notices to the City of Tukwila sh all be sent to the following address: City Clerk (Sty of Tukwila 6200 Sonthcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. Annlicabie Law; Venue: Attorney's Fees, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any tam of this Agreement, the parties specifically understand and agree that venue shall be „...,„4„, laid in King County, Washington. The prevailing party in any such action shall be entitled to its attomey's fees and costs of suit DATED this day of 20 CITY OF TUKWILA CONTRACTOR Ib& f`Sdid CG Mayor, Steven M. Mullet Tate: sgi9eaY t/G ATTEST /AUTHENTICATED: PrimedNeme: L40 yb -S ,e/AJ eort_- Jane E. Cantu, CMC, City Clerk ADDRESS• s S0 9 /GSto°L lety cow 5PP fl ‘o t7 7 APPROVED AS TO FORM: Office of the City Attorney BY. 5z" CL PEga sZ C!Iv1L` 699T:O Air Q4h'p5.2W6 S2rdbs Ccztrc&& 13ci&'C EXHIBIT A SCOPE OF WORK ADOLFSON ASSOCIATES, INC, City of Tukwila SHORELINE MASTER PROGRAM UPDATE The following tasks are numbered according to the City's Scope of Work for the Shoreline Master Program Update, as defined by the Department of Ecology Grant Contract (SMA Grant Agreement No.G0600234). This scope of work includes all tasks specified in the grant with anticipated consultant involvement. The total amount of the work shall not exceed $48,000 unless the Contract and Scope of Work are amended. The work shall be divided into two phases, with the first phase budget not to exceed $3 8,500. The second phase budget shall not exceed $9,500. Work on Phase 2 tasks shall not proceed until authorized by DCD staff This scope of work has been designed to comprehensively and efficiently approach the SMP Inventory, focusing on the most necessary requirements for compliance with the Shoreline Management Act and its associated guidelines. We the hours within the tasks identified on Exhibit 1 (budget) may fluctuate, Adolfson's level of effort will be limited to the hours and budget specified in the contract, unless otherwise amended by the City PHASE 1 Task 4: Inventory Task 4.1. Review existing data and identify data gaps Review existing information relevant to complete the shoreline inventory and characterization report and map folio (Task 6). This will focus on the current SMP and work prepared between 1999 and 2003 in an earlier SMP update effort, including inventory work documented in the Inventory of Shoreline Habitat and Riparian Conditions of the Green/Dulvamish River Within the City of Tukwila (Puttee Environmental, January 7, 2003). This task will also include review of other adopted City plans, such as the Draft Tukwila Urban Center Plan and the Master Plan for the South Annexation Area; plans prepared by other jurisdictions, such as the WRIA 9 Salmon Habitat Plan; and identification of areas of Tukwila's shorelines under other jurisdictions' SMPs. Identify gaps in data sources for inventory elements defined in WAC 173 26-201(3)(c). Task 4.2. Data Collection Coordinate with City staff to collect relevant city plans and technical reports as defined above in Task 4.1. Coordinate with City GIS staff to identify and acquire readily available mapping data to supplement the shoreline inventory referenced above to update existing information consistent with current shoreline requirements defined in WAC 173- 26- 201(3)(c). SS 8 /12/2006 Page 1 of 6 Exhibit A— Scope of Work Tukwila Shoreline Master Program Update Assumptions for Task 4: City GIS staff will assemble and deliver City owned GIS data, including data prepared by Pentec associated with the 2003 shoreline inventory report City GIS staff will acquire and deliver other readily available mapping data from other sources. City staff will coordinate with King County to obtain information and provide it to the consultant. Deliverables and Due Date for Task 4: Results of Task 4 work will be incorporated into the Shoreline Inventory and Characterization Report and Map Folio (Task 6). Data review and collection completed and working bibliography delivered by October 15, 2006 Task 5: Analysis of Shorelines Conduct preliminary analysis of the information and data collected in Task 4 that complies with the requirements of the SUP guidelines. The analysis will focus on the following. Task 5.1. Characterization of ecosystem -wide processes Analyze shoreline natural resources utilizing relevant available scientific and technical information such as data and planning documents from the U.S. Fish and Wildlife Service and Washington Department of Fish and Wildlife and data collected for the WRIA 9 planning process. The analysis will encompass shoreline use and water quality issues, assessment of ecosystem-wide processes, assessment of ecological functions (existing and potential) and assessment of effects from historical land use change. Using existing and readily available mapping data for aquatic resources, wetlands, and floodplains, the characterization of ecosystem -wide processes will delineate boundaries and map the land and water area contained within the approximate minimum SMA jurisdiction. Task 5.2. Characterize shoreline functions: Separate the length of the shoreline into reaches based on land use and ecological processes, integrating work already performed in 2000 -2001 and describe the fractions associated with each reach to: Detail the physical, biological and land use components within the shoreline jurisdiction; and Evaluate and assess shoreline ecological function based on current scientific understanding of the relationship between the conditions of ecosystem -wide processes and conditions within shoreline jurisdiction. r 5.3. Identify opportunities for protection, restoration, public access and shoreline use. -8/18/2006 Pogo of Exhibit A— Scope of Work Tukwila Shoreline Master Program Update Identifypotential opportunities and possible constraints to the protection and restoration of ecological fimctions. Identify current public access and opportunities for future access sites. Estimate future demand for water dependent and associated water related uses, per WAC 173 -26 2O1(3)(d)(ii). Identify opportunities for SMA preferred shoreline uses and potential conflicts based on current use patterns and projected trends. Assumptions for Task 5: Adolfson GIS staff will create a data layer representing the minimum SMA jurisdiction and will divide the jurisdiction based on inventory reaches. City GIS staff will use the layer as a framework for analysis and mapping to quantify and characterize various elements of the shoreline inventory (e.g., land use and zoning, documented habitat and species use, etc.). Adolfson will use and interpret the results of GIS analysis (tables and spreadsheets provided by City GIS) in drafting the analysis report (Task 6). This task does not include collection of environmental measurement data that would require the preparation of a Quality Assurance/Quality Control Plan as identified under Item 7 of the SMA Grant Agreement. Deliverables and Due Date for Task 5: Results of Task 5 work will be incorporated into the Shoreline Inventory and Characterization Report and Map Folio (Task 6) by November 15, 2006 Task 6: Prepare Shoreline Inventory and Characterization Analysis Report and Map Folio Task 6.1. Prepare DRAFT Shoreline Inventory and Characterization Analysis Report and Map Folio Prepare draft report with accompanying maps that summarizes the analysis, findings and information and data collected in Tasks 4 and 5. This will include refined shoreline jurisdiction boundaries and maps. The maps will begin at a macro, vicinity -wide scale with watershed boundaries and continue with several additional iterations of maps that examine and document the shoreline at Smaller scales. The maps will focus on information such as identified shoreline reaches, and significant geologic, hydrologic and ecologic features. Task 6.2. Prepare FINAL Shoreline Inventory and Characterization Analysis Report and Map Folio Prepare final report and map folio to address comments from Department of Ecology Assumptions for Task 6: Adolfson will coordinate with City GIS staff to determine the member, content, and scale of maps to be included in the map folio. City GIS staffwill prepare the maps. 8/18/2006 Page 3 of 6 E*hibit A Scope of work Tukwila Shoreline Master Program Update Deliverable due dates assume two weeks for City staff review and comment and two weeks for Adolfson to incorporate revisions. Adolfson will coordinate with City GIS staff to determine appropriate map revisions based on Ecology comments. City GIS staff will produce the maps. Deliverable due dates assume six weeks for Ecology staff review and comment and two weeks for Adolfson to incorporate revisions. Adolfson will author the Draft and Final Analysis Reports. Deliverables and Due Date for Task 6.1: Preliminary draft shoreline analysis report for City review November 15, 2006; Revised draft for submittal to Ecology December 15, 2006 Deliverables and Due Date for Task 6.2: Final shoreline analysis report and all GIS data developed for the analysis February 15, 2007 Task 7: Develop Shoreline Environment Designations The environment designations proposed in 2001 will be reviewed to determine if modifications are needed to make them consistent with the intent of the State SMA and new Ecology guidelines. Final maps will be prepared that Compare existing shoreline environment designations with the proposed designations; and Identify land and water area contained in mapped shoreline designations boundaries. A technical memorandum that provides recommendations and rationale for maintaining or changing shoreline designations will accompany maps. Assumptions for Task 7: City staff will coordinate. with adjacent jurisdictions to determine whether it is appropriate to use the same environment designations. Adolfson will coordinate with City GIS staff. City staffwill prepare GIS data and maps depicting existing and proposed shoreline environment designations. Adolfson will author the technical memo. Deliverables and Due Date for Task 7: Digital copy and three hard copies of technical memorandum and draft map with proposed shoreline environment designations February 15, 2007 Task 8: Restoration Plan Task 8.1. Begin Restoration Plan 58 8/18/2006 Page 4 of 6 Exhibit A— Scope of Work Tukwila Shoreline Master Program Update Begin work on a technical memorandum addressing restoration to promote improvements in shoreline ecological functions over time, where feasible. The restoration plan will take into account existing governmental and non governmental programs and plans related to restoration and will identify technical and financial resources available for restoration projects and incentives to encourage property owner initiated restoration. The plan will aim to restore shorelines in economically sustainable ways. The restoration plan will build on findings and restoration opportunities identified in the analysis report and maps. It will incorporate goals and policies for restoration and priorities for implementation. This plan will also incorporate restoration areas identified by the WRIA 9 process. Assumptions for Task 8: City GIS staff will prepare any maps to accompany the restoration plan. Work on the restoration plan during Phase 1 will be focused on restoration policies and finding opportunities. Deliverables and Due Dates for Task 8.1; Results of Task 8.1 work will be incorporated into Task 8.2 deliverables during Phase 2. PHASE 2 —WORK TO PROCEED WHEN AUTHORIZED BY DCD STAFF Anticipated deliverable due dates shown below are subject to revision based on the date of notice to proceed Task 8: Restoration Plan Task 8.2. Complete Restoration Plan Complete technical memorandum addressing restoration as described in Task 8.1. Assumptions for Task 8: City GIS staff will prepare any maps to accompany the restoration plan. Deliverable due dates assume two weeks for City staff review and comment and one week for Adolfson to incorporate revisions. Dates assume four weeks for Ecology review and that the fin al draft will be submitted as an element of the SMP. (Task 10). Work on the restoration plan during Phase 2 will be focused on identifying restoration priorities and implementation strategies. Deliverables and Due Dates for Task 8.2: Preliminary Draft Restoration Plan and Implementation Strategy Technical Memorandum January 26, 2007; Revised Draft February 15, 2007; Final Plan April 30, 2007 8/182005 Page 5 of 6 Exhibit A— Scope of work Tukwila Shoreline Master Prop Update Task9: Cumulative impacts Analysis Once draft SMP goals, policies, environment designations, and regulations are developed, Adolfson will provide a framework to evaluate cumulative impacts of the revised draft SMP to assess the standard of "no net loss of' ecological functions" referenced in the guidelines. Adolfson will provide an outline for a technical memorandum and relevant examples from past projects. Adolfson will review and comment on the draft technical memorandum once prepared by City staff Assumptions for Task 9: City staff will draft the technical memorandum with input and coordination from Adolfson. If needed, City staff will revise SMP policies, environment designations and other proposed regulations based on the cumulative impacts analysis. City staff will use the technical memorandum to support preparation of a SEPA Checklist. City staff will provide GIS analysis and mapping to support preparation of the technical memorandum if needed. Deliverables and Due Date for Task 9: Cumulative Impacts Technical Memorandum Outline May 15, 2007 Task 10: Draft Shoreline Master Program Task 10.1. Revise Draft SMP. At the direction of City stag support City staff in review, evaluation, and preparation of revised Draft SMP. Elements may include review of draft policies prepared in 2000 -2001; revision of draft policies; and/or development of new policies and regulations. Assumptions for Task 10: City staff will direct Adolfson for support on specific elements at their discretion, within the hours and budget specified for the tank Deliverables and Due Date for Task 10: Contributions to the draft SMP goals, policies, and regulations April 30, 2007 U 3 8/18/1006 Page 6 of 6 EXHIBITS: BUDGET - TUKWILA SMP UPDATE Project Ecologist Project Sr. 6olantlest Project Project Principal Manager (Gary Schulz) Planner (fisheries) Scientist GIS/ Graphics Administrator Totals 5160.00 5102.00 505.00 570.00 507.00 50200 570.00 590.00 PHASE 1 TASKS .,.... i [<ti.. 1 rl� alms .... _ n iTATe � inm l` -a1 I v. -.r al �L "t u Tunl' �r, �Y4��IVOnta�4,- �:. �v.,. i. �...M �urw{ nnAm. �ic' M' Yv�7i: ew,. ShceA: i��t�Gif7lcl.: tra.', �' Immmrj :,.r,,�''�rt:l'V:r�a,4`uw.�. ,�w1suLw�i..Mwl 4u.u'�S!I]!9,��G1,y'�,i � .• �. �j- T�a!`4°lM t��kJc`J•�iv'�i^_'}.:.ta .n �� i`Nm .jr, .�vi'�.a{�� .li'_� Took 4.1 . Data Review/OoW Ga o p 2 6 6 8 4 52,604.00 Took 4.2- Data Collection /Coordination B 6 4 a 2 52,680.00 Subtotal 55,164.00 7"0o Ig „A"Nelynlil)ol SForaflnoeaql 7i^,. «r "aiArLtaa,.;r,i7 , _ r.,,C . .•7"_i ° t'� rt:.. OM , s13:'remote' 0.Ir17,,:,.; PREMEtga .. ^4: ,n rT.i'ISWh'A 53,398,00 Task 5.1 - Characterize Emnyalom-wklo Promotion 1 4 8 18 8 Task 52- Characterize Shorollno Functions 1 4 30 18 8 a 4 56,440.00 Took 5.3 - identity O ortunllloa N PP 4 4 6 4 8 2 • 52700.00 Subtotal 512,639,00 ,.., ....,_.. ..,, _...1 ,., ,� y.�r,�,e ,. r . M:� YniiiirPPiG'ps"T ittalt1 hngilarabliorfi'und:MoP. iii 2” S -t %jtkPgigli, �,...:. nr •m" -; . T.K;n 4''t^ ins! r,L "`,,.�� „- .rSPs .. .,, zv,,,•y,•,.«rr •n : ,rcrT tt 4. n ur :,:,r.�.,. iIGd.4uLRj cii r, s„ ,... `' Cr9.'Uvli! «.� ti +gi),+.Yana , 91/ T5' •!∎,2torkfri Tank 0.1 . Droll Analysts Report and Map Folio 4 18 20 40 8 28 4 8 511 304.00 Task6.2- Final Anolyoln Report and Mop Folio 2 6 0 6 2 8 2 4 5353200 Subtotal , c Task7/lEte oinp: 6hbrellanlEavlrohhrentl0ealgneaonoiLO CI42 ^522.514 2,5218715a?�iW.2t 1;eJ241# '„It' t y,..4^•:;h',6 i. rip;rP1i •,iri Zip.. :gai,"L51{ee^Mir52555;1F:Ca I hei rwt ∎IR.:n +"1ialtRIET,Si'firPSjS•,1 TL��.!'21 rusk 7- Develop Envlronmant Uoolgnolono , 1 4 2 12 2 I 4 2 2 52,654.00 : T, askI8ti4RontoraUen' lP, Iany!:!^_ff!Y!titi!ic.9G ee+ m 7isnu '."."'s. s„ t;- at.,, 1' kry s8p -8'Mort,JStr^,p�smemsexst,ty,, j:,x '.!`mrq'attaihil r,Oulst n1,: °ua,:4S§.uTT..�r"i'9➢ ,�j jj@ 53,048.00 Tusk 0.1 - SogIn Rootom0on Pion - Policies and Funding 2 6 18 10 Mlocollaneoun Expanaos (mlioapo/coples /etc.) 5300.00 PHASE 1 TOTAL $38,000.00 PHASE 2 TASKS Ta ragliaMo tionfta. r:ain∎ i itM .DUF'£E@F2T�PfF.S^5."„lii' Sn- cla. 44'11I: m.- T iE m cyg f.i • q C- I.'rT0 47��5R ra4( Tack 8,2- Complete Ruffiamllon Plon- Priorities and Stmlagys 1 2 6 20 1 53,406.00 Tuu)29' 111' dtll -o[r 1.0 nil fa`lAihrll%licte`4,A"" J:�ri r I: rr.N"r'aga'4, + ! :'ir. ;rv"1CI:,.. Ikea -thy" �`P" S. 4pM ,'2^J.tl'' .^ ' i F err V "'.. s,Ir.. ,YI'�,I'.'W �MiYiil 1811 a1C„{''Ji as ddross Cumulative Impacts I 1 4 Ir •10 j 2 51 054.00 Tifillt ttiAfifir gietjai1.figr.; rali WASS7w.;.nv�'u^E1 W 1f7, ^.RY Gr,.tpoi6�H 6'' V411rii d" -•di 1%W-it ''14Liataillif aB 'nJ•rxraF' 11 w!` ■A(V Task 10- Assist wilts Draft SMP 2 a 10 10 2 54,032.00 Mlocollunoouu Etpanoos (mlloogofcoplosfatc.) 5108.00 PHASE 2 TOTAL 59,500.00 Total Hours By StnR Momber 17 72 100 145 24 110 32 23 Subtotal Labor 52,660 $7,944 $9,500 511,246 52,328 510,120 52,432 52,070 547,502.00 Total Misceiloneouo Ex. ones mhos• ale' testate. 5409,00 OF<..,,,. -r Swam ,M,r• ,r .e.a e r rr:1 ' tam gigs 1. yvire , Ir rri u, _ y_0 : "L ,1 'i.J` ,lr_ 4• " ue grwnl ri"rurl Zt r ii' ' 1 f �7C7 r 8/18/2000 p.pIILA i, COUNCIL AGENDA SYNOPSIS •�qs ITE 5 JYI IVO. °I f i y hiftfGlS 1r to i 'n y 1 Afehnl Datz I Prepared U,• 1 }Iv :or s rr:z;a I n G,:o:fil re:r;✓ 62 7 1 08/28/06 1 LS I ICJ M' I t e 908. I I I I I I I I I I ITEM INFORMATION I CAS NUMBER: 06-097 I ORIGINAL AGENDA DATE: AUGUST 28, 2006 AGENDA ITEM TITLE A Resolution supporting the Automated Fingerprint Identification System (AFIS) levy CATEGORY Discussion Motion Resolution Ordinance BidAward Public Heating Other Aftg Date 08/28/06 Mfg Date AUg Date 09/05/06 Mg Date Aftg Dats Mfg Date Mt- Date I SPONSOR Council Mayor Adm Sur DCD Finance Fire Legal P&R Police PIP/ SPONSOR'S The King County Automated Fingerprint Identification System (AFIS) levy will appear on SUM'ILARY the September 19 election ballot. A Resolution in support of this important law enforcement tool is being requested. REVIEWED BY COW litg CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 08/21/06 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Resolution COMLABTTEE Unanimous approval; forward to C.O.W. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGh 11:D APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/28/06 I I MTG. 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 o J� 9s Z dry of Tukwila Steven M. Mullet, Mayor --I G David P,' Haynes, Chief of Police r Police Department tu s; c.� t 0 P d1: 2 An Accredited Agency ~J 1908 MEMORANDUM TO: Finance and Safety Committee FROM: Assistant Chief Lori Sutter DATE: 08/16/06 SUBJECT: AFIS Levy Issue The King county Automated Fingerprint Identification System (AFIS) levy will appear on the September 19 election ballot. I am suggesting that the Council consider a resolution in support of this levy Background AFIS is located in the King County Courthouse, and provides services to all local and county jurisdictions within the county With AFIS, fingerprints are scanned into a "Live Scan" device, and immediately transmitted over a secure network to be instantly compared to the database in order to identify the prints. The system is very useful on the frequent occasions when arrested persons are not being forthcoming about who they are. Hand searches that previously took several hours are now done by the automated system in minutes. While its primary goal is to provide a database of fingerprints to law enforcement agencies, AFIS also serves the community in the following ways: Crime scene prints can be searched against 550,000 criminal records and identified when no suspects are known. AFIS is more than fingerprints. The system is used to store DNA collected at crime scenes, booking photos and palm prints. The funds raised by the AFIS levy will be used for Upgrading Live Scan Capture Stations Implementation of palm searching and storage Enabling wireless mobile identification between patrol cars and the AFIS computer Adding two AFIS photographers to preserve fingerprint and palm print evidence recovered from crime scenes Adding five additional Live Scan Capture Stations to address remaining gaps in the service in the region 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433 -1808 Admin. Fax: (206) 244 -6181, Invest. Fax: (206) 431 -3688 King county voters have approved levies to support AFIS programming beginning in 1986. The current levy expired at the end of 2005, however by careful management of funds, combined with slightly higher than expected revenues, in 2006, AFIS has been supported by previous years' collections. Discussion The levy that will be sent to voters would establish a levy rate of 5.68 cents per $1,000 of assessed value for a six -year period. This is lower than the 2001 -2005 levy rate, which was 5.78 cents. The levy would cost approximately $22 a year for the owner of a S400,000 home. Recommendation Please consider a resolution in support of the AFIS levy to Co 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433 -1808 Admin. Fax: (206) 244 -6181, Invest. Fax: (206) 431-3688 P CP 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 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 AFIS 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 C.1`l Y 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 Cite Council: Office of the City Attorney Resolution Number: 7 C- D�ar�o ad S- 1b =3II U<nl��an7`KZL\•SfSDAt\_R _ca= 1.��_. F ^-zd 1C_ tSxn s' -2C•:6 Paoe 1 of 1 Finance Safety Committee August 21, 2006 5:00 p.m. Present: Pam Carter, Chair; Jim Haggerton, and Verna Griffin, council members. Rhonda Berry, City Administrator; Kevin Fuhrer Director of Finance; Don Lincoln, Police Commander, Diane Jenkins, Administrative Assistant to the City Council; Al Dams, Assistant Manager, King County Animal Services; and Chuck Parrish, community member Business Aoenda A. Utility Tax ordinance review and reaffirmation Mr Fuhrer conveyed that Ordinance 1998 established the City utility tax. The ordinance was adopted on November 18, 2002 with an effective date of January 1, 2003. The ordinance requires the Council to review and reaffirm the 1% increase scheduled for 2007 (increasing the rate from 5% to 6 The expected increase in utility tax revenue is approximately $790.000. Administration believes these additional revenues are needed as the 2007 preliminary budget is being developed. Another consideration is that the rate increase was assumed in the adopted 2006 2011 Financial Planning Model and Capital Improvement Program. On a related note, Ordinance 2012 establishes a contract with Seattle City Light (SCL) to operate an electrical utility within the City This ordinance was adopted on January 21, 2003 with an effective date of March 1, 2003. A provision in the ordinance requires SCL to tender a percentage contract payment for the privilege of operating the utility The percentage is also scheduled to increase from 5% to 6% effective January 1, 2007 While Ordinance 2012 does not require the Council to reaffirm the rate increase, it has been a matter of practice. Ms. Carter noted that City of Tukwila was one of the last cities to implement this tax. Most of the revenue collected comes from commercial businesses. Ms. Berry conveyed that the City provides rebates to those residents who qualify Mr Haggerton pointed out that the Council opted for a graduated schedule rather than implementing a flat 6% tax to make it easier on consumers. By bringing it before the council, it also allows an opportunity for citizen input. Ms. Carter asked who was nominated by the City and other suburban cities to serve on Seattle City Light's Citizen s Rate Advisory Committee. Forward to August 28 Committee of the Whole meeting. B. Purchase order for Falcon digital audio /video body wire system from seizure funds Commander Lincoln explained that the police department has identified covert surveillance /recording equipment (commonly referred as a body wire) that would enhance investigation and prosecution of cases. Current covert operations use a body wire with FM technology which can be scanned and cannot be transmitted to a standard recording device. This new equipment uses digital technology for audio and video. This technology is also subjected to being scanned but the transmitter can be turned off. Also, it can be monitored with a laptop computer. In addition, there is a safety transmitter to help ensure the safety of the officer It is proposed to purchase a covert surveillance /recording kit (body wire) as sole source from Adaptive Digital Systems. They are recognized in the law enforcement community as a leader in this area. This equipment, $10,450, will be purchased with funds in the seizure account. Ms. Berry related that because it is under 525,000, this committee can authorize the purchase and the entire council would be notified. The committee authorized the expenditure. Discussion. C. A resolution supporting the Automated Fingerprint Identification System (AFIS) levy Commander Lincoln explained that the Automated Fingerprint Identification System (AFIS) levy will appear on the September 19 ballot and requested the Council adopt a resolution in support of this levy Fingerprints are scanned into AFIS and transmitted over a secure network and compared to a database to identify the prints. Also, the system is used to store DNA, booking photos, and palm prints. He reviewed the upgrades planned for AFIS. It is estimated that this would cost S22 per year for the owner of a 5400,000 home. Forward to August 28 Committee of the Whole meeting. Following discussion on AFIS, Ms. Berry asked for an brief update on reporting of sexual offenders. Commander Lincoln noted that he would be attending a national conference focusing on sexual offenders and offered to come back and share the information. To be discussed at future Finance and Safety Committee meeting. Finance Safety Committee 2 August 21, 2006 D. Animal Control Services Ms. Berry remarked that the topic of animal control was discussed at the August 7 Finance and Safety meeting. She contacted the cities of Shoreline and Kirkland who are very pleased with the animal control services they are receiving under the pilot program. The City of Tukwila has a pick -up truck available. The outstanding issue dealt with which ordinance would be enforced if there was a conflict. Mr Dams explained that the problem centers around the appeal process. Cities are required to adopt substantially similar ordinances. King County would not have legal standing to enforce certain provisions. It is possible that King County Board of Appeals could be used to hear appeals or perhaps the City of Tukwila could possibly make provision for appeals in its ordinance. These avenues will be explored. Under the terms of pilot agreement, the city provides direction to the officer The animal control officer could use City of Tukwila citations for certain violations such as dangerous dogs. Ms. Carter asked that information on how to contact animal control officers during off -hours be provided. Mr Dams conveyed that this type of service allows the City to quickly change priorities; you are able to direct the animal control officer Ms. Berry noted that code enforcement officers receive many phone calls on barking clogs. Ms. Griffin suggested that an article be placed in the Hazelnut to provide information to citizens on what to do and what to expect. Communication is very important. Mr Dams noted that time should be set aside for the animal control officer to retum phone calls and to follow -up and inform residents on what actions were taken. As time progresses, it is hoped to give the animal control officer more authority to make decisions quickly Some appeals may be lost but it will be a more responsive system. A draft of the interlocal agreement will be developed. Discussion. Miscellaneous Ms. Griffin noted that at °Night Out Against Crime' several people who live in the Terrace Apartments complained about the noise wafting up from Gordy's Restaurant. Ms. Berry conveyed that there are noise ordinances; she will let them know about the complaint. Adjournment: 6:20 p.m. f e r a Committee Chair Approval Minutes by DJ. 69 COUNCIL AGENDA SYNOPSIS c ,':ILA N /9'•ti s rinarr I7E;1rNo. -J l 0 r i 10 A Ieai,RDau 1 Prparedcy 1 .11aor'rrr 1 _Cauth /reile;; 1 <F �I ty; '1 r 08/28/06 KAF (/I/,� N 3,f' ..is I 1 1 1 I i 1 1 1 i ITEM INFORMATION I CAS NUMBER: 06-098 (ORIGINAL AG I :NDA DATE: AUGUST 28, 2006 AGIINU 1 ITEM TIME Reaffirm the increases to the utility tax rate and Seattle City Light contract payments scheduled for 2007. CATEGORY Diassion Motion Rmiution Ordinance Bid Award Public Hearty Other :'Os Dat 08/28/06 AIII Date 09/05/06 Mfg Dot Mtg Date Mfg Date 1IQ Dote MQ Date SPONSOR Coundi/ Mgyor Adra Svcs DCD Finance Fire Le6al P &R Police PIP 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 privelege of operating an electric utility within the City. The contract payment for this privelege 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. 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 EXPIiN Durum: RIiQUIRI ID AMOUNT BUDGETED APPROPRIATION REQUIRED $n /a $n /a $n /a J Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION I I I MTG. DATE 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 J. 1 1 I Memorandum To: Steve Mullet, Mayor Finance Safety Committee From: Kevin Fuhrer, Finance Director Finance Department Date: 8/17/06 Re: 2007 Utility Tax Rate Scheduled Increase L Issue: To bring into discussion the requirement that the Tukwila City Colman must review and reaffirm that the 1% increase in the Utility Tax rate, scheduled for the calendar years 2007 and beyond, is still necessary. And, likewise, while the Seattle City Light franchise agreement does not require a review of the same, the intent is to similarly call for the review and reaffirmation of a 1% increase which should also be simultaneously considered along with the scheduled Utility Tax rate change. IL Barkarommd: Ordinance No. 1998 was approved on November 18, 2002 by the City Council of the City of Tukwila, Washington, establishing a Utility Tax to provide revenue for city services and capital requirements; establishing a special referendum procedure; setting penalties for non compliance; providing for severability; and establishing an effective date. This Ordinance specifically requires that the City Council will review the 1% rate increase scheduled for 2007 to determine if it is necessary before it is implemented. Likewise, Ordinance No. 2012 was approved on January 1, 2003 by the City Council of the City of Tukwila, Washington, granting Seattle City Light (SCL) —an electric utility owned and operated by the City of Seattle, a municipal corporation —a non exclusive franchise to construct, maintain, operate, replace and repair an electric light and power system in, across, over, along, under, through, and below certain designated public rights of-way of the City of Tukwila, Washington; providing for severability; and establishing an effective date. However, while there is no language specifically written that the City Council will review the scheduled SCL franchise agreement rate increase for 2007 to determine if it is necessary before it is implemented, it has been recommended in the past that the City should consider and acknowledge this during the same Mime the Council makes known the Utility Tax rate increase. 7J Memorandum- 20071Itil Tax Rate Scheduled increase (Gmt'd.l III. Discussion and Analysis: A review —and subsequent approval —by the City Council of the enabling ordinance will raise the existing rate from 5% to the scheduled 6% rate for calendar years 2007 and beyond. Additionally, while the Seattle City Light franchise agreement does not require a review, the intent is that the City should likewise consider and acknowledge implementing the scheduled 1% franchise fee rate increase for the calendar years 2007 and beyond as Council makes known the Utility Tax rate increase. The adopted 2006 -2011 Financial Planning Model assumes a 6% utility tax rate in 2007 and beyond. IV. Recommendation: Upon completion of Committee's review, discussion, analysis and reaffirmation of the Scheduled 2007 Utility Tax and SCL franchise fee rate increases, a request should be made to have the discussion move forward to the Committee of the Whole with a more formal presentation to the City Council in support of approval for implementation. Attachments s W r5 a City of Tukwila wasbington Ordinance No. 14 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A UTILITY TAX TO PROVIDE REVENUE FOR CITY SERVICES AND CAPITAL REQUIREMENTS; ESTABLISHING A SPECIAL REFERENDUM PROCEDURE; SETTING PENALTIES FOR NON- COMPLIANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the Financial Planning Model demonstrated that there will be a deficit balance in the General Government Funds by 2005; and WHEREAS, the City has availed itself of all appropriate revenue sources currently authorized, and has reduced expenditures by 5% in the Financial Planning Model; and WHEREAS, the basic City service levels would be greatly reduced without a new source ofrevenue and WHEREAS, the City Council has determined that the public interest is best served by the implementation of a utility tax; and WHEREAS, the City Council will review the rate changes scheduled for 2005 and 2007 to determine if they are necessary before they are implemented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 Utility Tax. The tax provided for in this ordinance shall be known as the 'utility tax,' and is levied upon the privilege of conducting an electric energy, natural or manufactured gas, telephone, or cable television business within the City of Tukwila effective February 1, 2003. Section 2. Use and Accountability of Tax Proceeds. All revenues collected piusuant to this ordinance shall be deposited into the General Fund, and shall be used for the funding of City services or capital requirements as the Council shall direct through its annual budget process. Section 3. Definitions. As used in this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. 1. "Cable television services" means the transmission of video programming and associated non -video signals to subscribers together with subscriber interaction, if any, which is provided in connection with video programming. 2. 'Cellular telephone service° means any two-way voice and data telephone or similar communications system based in whole or in substantial part on wireless radio communications, including cellular mobile service, and which is not subject to regulation by the Washington State Utilities and Transportation Commission. Cellular mobile service includes other wireless radio communications services including specialized mobile radio, personal communications services, and any other evolving vamp/13A 5 wireless radio communications technology that accomplishes a purpose substantially similar to cellular mobile service. Cellular telephone service is included within the definition of "telephone business" for the purposes of this ordinance. 3. "Competitive telephone service" means the providing by any person of telecommunications equipment or apparatus, directory advertising and lease of telephone street directories, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which may be provided by persons not subject to regulation as telephone companies under Title. 80 RCW, and for which a separate charge is made. Transmission of communication through cellular telephones is classified as "telephone business" rather than "competitive telephone service." 4. °Finance Director° means the Finance Director of the City of Tukwila, Washington, or his or her designee. 5. 'Gross income° means the value r »c.:ing or accruing from the performance of the particular business involved, including gross r ..cc, s of sales, compensation for the rendition of services, and receipts (including all sums earned or charged, whettler received or not) by reason of investment in the business engaged in (excluding rentals, receipts or proceeds from the use or sale of real property or any interest therein, and proceeds from the sale of notes, bonds, mortgages or other evidences of indebtedness, or stocks and the lace), all without any deduction on account of the cost of property sold, the cost of materials used, labor costs, taxes, interest or discount paid, delivery costs or any expenses whatsoever, and without any deduction on account of losses. 6. "Pager service" means service provided by means of an electronic device which has the ability to send or receive voice or digital messages transmitted through the local telephone network, via satellite or any other forth of voice or data transmission "Pager service "is included within the definition of "telephone business" for the purposes of this 7 'Person' means any person, firm, corporation, association, or entity of any type engaged in a business subject to taxation under this ordinance. "Telephone business" means the business of providing access to a local telephone network Local telephone network switching service, toll service, or coin telephone services, or providing telephordc, video, data, pager or similar communication or trancmi sion for hire, via a Local telephone network toll line or charnel, cable, microwave, or similar communication or transmission system. The term includes cooperative or farmer line telephone companies or associations operating an exchange. 'Telephone business" does not include the providing of competitive telephone service or cable television service, or other providing of broadcast services by radio or television stations. Section 4. Occupations Subject to Tax Amamit There is levied upon, and shall be collected from a person because of certain business activities engaged in or carried on in the City of Tukwila, taxes in the amount to be determined by the application of rates given against gross income as follows: T. Upon a person engaged in or carrying on the business of selling, furnishing, or transmitting electric energy, a tax equal to 4% for the calendar years 2003 and 2004; 5% for the calendar years 2005 and 2006; and 6% for the calendar years 2007 and beyond, of the total gross income from such business in the Clty during the period for which the tax is due; 2. Upon a person engaged in or carrying on the business of selling, furnishing, or transmitting gas, whether natural or manufactured, a tax equal to 4% for the calendar years 2003 and 2004; 5% for the calendaryears 2005 and 2006; and 6% for the calendar years 2007 and beyond, of the total gross income from such business in the City during the period for which the tax utaky Iar -2 3. Upon a person engaged in or carrying on any telephone business a tax equal to 4% for the calendar years 2003 and 2004; 5% for the calendar years 2005 and 2006; and 6% for the calendar years 2007 and beyond, of the total gross income, including income from intrastate long distance toll service, from such business in the City during the period for which the taxis due; 4. Upon a person engaged in or carrying on the business of selling, furnishing or transmitting cable television service, a tax equal to 4% for the calendar years 2003 and 2004; 5% for the calendar years 2005 and 2006; and 6% for the calendar years 2007 and beyond, of the total gross income from such business in the City during the period for which the tax is due 5. In addition to the automatic annual review of the Financial Planning Model, the City Council will review the need for scheduled rate changes for 2005 and again for 2007 Section 5. Tax Year. The tax year for purposes of this utility tax shall commence February 1, 2003 and end December 31, 2003, and thereafter shall commence on January 1, and end on December 31st each year. Section 6. Exceptions and Deductions. There is excepted and deducted from the total gross income upon which the tax is compute& 1. That part of the total gross income derived from business which the Oty is prohibited from taxing under the constitution or laws of the United States and the constitution or laws of the State of Washington. 2. Income derived from that portion of network telephone service as defined in RCW 82.04065, which represents charges to another telecommunications company, as defined in RCW 80.04010 for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services; or for access to, or charges for, interstate services; or charges for network telephone service that is purchased for the purpose of resale. 3. Adjustments made to a billing or customer account in order to reverse a billing or charge that was not properly a debt of the customer. 4. Cash discounts allowed and actually granted to customers of the taxpayer during the tax year. 5. Uncollectible debts written off the taxpayer's books during the tax year. If subsequently collected, the income shall be reported for the period in which collected. Section 7. Monthly Installments. The tax imposed by Section 4 of this ordinance shall be due and payable in monthly installments, and remittance therefore shall be made on or before the last day of the month following the end of the monthly period in which the tax is accrued. Annual returns for smaller entities may be allowed upon written approval from the Finance Director. On or before said due date, the taxpayer shall file with the Finance Director a written return upon such form and setting forth such information as the Finance Director shall reasonably require relating to the accurate computation and collection of this tax, together with the payment of the amount Section 8. Taxpayefs Records, Each taxpayer shall keep records reflecting the amount of the taxpayer's gross income on sales and services within the City, and such records shall be open at all reasonable times for the inspection of the Finance Director or his designee to verify information provided on any utility fax return, or to determine whether such return is required to be fled. Section 9. Failure to Make Retums or to Pay the Tax in Full. If a taxpayer fails, neglects, or refuses to make his return as and when required by this ordinance, the Finance Director is authorized to determine the amount of the tax payable under provisions of Section 4 of this ordinance, and to notify such taxpayer of the amount so determined. The Mwrm.3 77 amount so fixed shall thereupon be the tax and be immediately due and payable, together with penalty and interest Delinquent taxes, including any penalties, are subject to an interest charge of 12 percent per year on the unpaid balance from the date any such taxes became due as provided in Section 7 of this ordinance. Section 10. Penalty for Delinquent Payment If a person subject to this tax fails to pay any tax required by this ordinance within fifteen days after the due data thereof, there shall be added to such tax a penalty of tea percent of the amount of such tax. Any tax due under this ordinance that is unpaid and all penalties thereon shall constitute a debt to the City and may be collected by court proceedings, which remedy shall be in addition to all other remedies. Section 11 Overpayment of Tax. Money paid to the City through error, or otherwise not in payment of the tax imposed by this ordinance, or in excess of such tax, shall, upon discovery, be credited against any tax due or to become due from such taxpayer hereunder, provided however, that overpayments extending beyond one year prior to notification of the City shall not be refunded. If such taxpayer has ceased doing business in the City, any such overpayment shall be refunded to the taxpayer. Section 12. Noncompliance Penalty. A. No person subject to this ordinance shall fail or refuse to file tax returns or to pay tax when due, nor shall any person make a false statement or representation in, or in connection with, any such tax return, or otherwise violate or refuse to comply with this ordinance or with any rule promulgated pursuant to Section 14 herein. B. In addition to the interest and delinquent filing penalties set forth above, a willful violation of or failure to comply with this ordinance is a civil infraction, subject to a fine of up to $250 for each day that a violation continues. Section 13. Appeal. A taxpayer aggrieved by the amount of the tax, penalties, interest, or civil infraction fine determined to be due by the Finance Director or his designee, under the provisions of this ordinance, may appeal such determination to the City of Tukwila's City Administrator or his or her designee. Section it Finance Director to Make Rules. The Finance Director shall have the power to adopt and enforce rules and regulations not inconsistent with this ordinance or with the law for the purposes of carrying out the provisions thereof Section 15. Tax relief The Finance Director will develop and propose to the Council a utility tax relief program for the Gty's senior and disabled low- income residents. Section it Referendum Procedure. The provisions of this ordinance are subject to the referendum procedure as follows 1. A referendum petition seeking to repeal this ordinance shall be filed with the Oty Clerk who shall be designated the person to receive petitions of all types, within seven days of the passage by the City Council of this ordinance or publication thereof, whichever is later. 2. Within ten days, the City Clerk shall confer with the petitioner concerning the form and style of the petition, issue an identification number for the petition, and cause to be written a ballot title for the measure. 3. The ballot title shall be posed as a question, so that an affirmative answer to the question and an affirmative vote on the measure results in the tax or tax rate increase being imposed, and a negative answer to the question and a negative vote on the measure results in the tax or tax rate increase not being imposed. The petitioner shall be notified of the identification number and ballot title within this ten -day period. thiayux 4 4 After notification of the identification number and ballot title, the petitioner shall have 30 days in which to secure on petition forms the signatures of not less than 15% of the registered voters of the City and to file the signed petitions with the City Clerk 5. Each petition form shall contain the ballot title and the full text of the measure to be referred. The City Clerk shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the City Clerk shall cause the referendum measure to be submitted to the City voters at the next election within the city or at a special election as provided pursuant to RCW 3517.260(2). Section 17. Severability. Should arty section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or dmimstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such derision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 18. Effective Date. This ordinance shall be published in the official newspaper of the Gty, and shall take effect and be in hill force five (5) days after the date of publication. PASSED BY THE CITY COUNCIL OF THE CITY Qp TUKWILA, jNA GTON, at a Regular Meeting thereof this /2 day of 2002 TTIEST /AUTHENTICATED: Steven M. Mullet Mayor tom (lane E. Cantu, CMC, City Clerk Filed with the City Clerk: _J O. V Passed by the City Council: /i Y- 0 z APPROVED AS TO FORM BY: Published: /1- 2 2 D. Effective Date: _it -2 7- o--s Ordinance Number. q `3 er dffic of Gty Attorney wtir� -5 t om k 'a' nen City Of 'uko_tri-la Wpahinetntt Ordinance No-. -0tO oC AN ORDINANCE.OF THE. CITY:OF TUKWILA, WASHINGTON, GRANTING SEATTLE LIGHT AN ELECTRIC UTILITY :OWNED' AND' OPERATED BY THE--CITY OF SEAT'IR.L' A MUNICIPAL CORPORATION- -A NON EXCLUSIVE FRANCHISE TOL CONSTRUCT [MAINTAIN;'OPERATE,:REPLACE AND REPAIR°:'AWffi:ECTRJC "L1ORT ANDIPOWER :SYSTEM =1N, "ACROSS, -OVER, ALONG, :UNDER;:THROUGH :AND BELOW CERTAIN-DESIGNATED PUBLIC :RIGNTS-OF -WAY OFTHE.CITt OP TUXWIIA, -WASHINGTON; PRO- VIDING FOR SEVERABRLTYI AND=ESTABLISHING AN EFFECTIVE DATE. WHEREAS,.. RCW 35AI1.020 grants- the City broad authority to _regulate the use of the public right- ofway; and WHEREAS, RCW-35A.47.040 authorizes the City `to grant nonexclusive franchises for the use ofpubllc streets, bridgeS_-or :other structures orpiaces above or below the surface of the ground for poles,- condults,:tunnels,.towers'ent structures,- pipes'and wires :and appurtenances thereof for. transmissfo>tand:dtsttibution of�electrtca1 energy:.';and WHEREAS, the Council ftids that it ls:fa the best interests orthe- health,-gaiety and welfare of :residents bf the Tukwila community to.grant exclusive franchise to- Seattle City Light for the operation of. an -electrtc,fight.and power within the City right-of -way; NOW, THEREFORE,'THS CI* cOUNCIL.OP The .CITY_ OF TUKWILA, WASHING- TON, HEREBY ORDAINS AS FOLLOWS! Section 1. DefInitlons. The following terms contained herein, unless otherwise Indicated, shall be_ defined as 1.1 y: City At Tukwila, a munfeipai.torporation of the Statrof Washington, specifically including a treas. incorporated therein -as, of. the effective. date of this an any other areas -later added.ttereta byannezation or-other means. T.2 kw: Calendar :days. 1.3 .Director The headot the Plaaaing and Development Services Department of. the. City, or the head of the. Public Works' Department.of the City,. or the designee of either of -these individuals. 1.4 Fa Itd s :tAIt W1res, lines 'tablet, cenduit3; and supporting structures, :located- in the City's; tight- ofway, :vtillzed.by the grantee in the operation rof activities authorized by this ordinance. _'!'1ie abandonment by. grantee. of any fat rides as- defined herein shall not act to remove the from this- detinlu6n. 1.5 tee: As- incorporated or used herein, shall refer to Seattle City Light (SCL). 1.6 Ferntlttee: A :person -Who has been granted permit by the Permitting Authority,' and SCL eperating 6:of this- agreement: 1.7 permittin?.fghoriry: The heater the authorized to process and grant permits reflect to perform _work in the of-waptor the head -of any agency authorized to perform this function on the City's behalf. -Unless: otherwise indicated, all references to Permitting Authority shalt Iodide_ the designee of the- department or agency head. 1,8 Person: An or natural person. SCL itancruse uimnaucc Page 2 1.9 Revenue: This term as used herein shall have the same meaning as utilized by the City of Seattle In calculating the amount otutillty tax payable by SCL to the City of Seattle. 1.10 Rieht- of- Way:.As .used herein-shall-refer to the surface of and the space along, above and below any street, road, highway, freeway, -lane; sidewalk, alley, court, boulevard, parkway, drive, utility easement, and/or road right-of-way now or hereafter held or administered by the City-of Tukwila. 1.11 SOL: -Seattle City Light,-an electric utility owned and operated by the City of Seattle, a municipal corporation, and Its respective successors and assigns. Section 2. Franchise Granted. 2.1 Pursuantuo RCW 35k47.040, the City hereby grants to SCL, Its heirs, successors and assigns, subject to the terms and conditions hereinafter set forth, a franchise beginning on the date of this ordinance. 2.2 This: franchise shall grantSCL- theright, privilege anif-authority subject to the.terms and con. ditions hereinafter -set forth, to construct, operate, maintain,: replace and -use all necessary equipment and facilities for an electric light and -power system IA, under, on, across, over, through, along or below the publle.rlght -of -way located in the City of Tukwila, as approved under. City permits issued by the Permitting:Authority pursuant to -this franchise and City .ordinances: 23 This franchise specifically does -not authorize SCL to place facilities or to otherwise_ utilize facili- ties In. the City's right -of viay tu provide -telecommunications, cable television, point to-point data communications; or- similar services either via wire or wireless technologies regardless of whether these services are:_provided to any person-; outside SCL's organization, unless approved by -a separate agreement. This paragraph does -not restrict SCL's- ability to utilize telemetric devices to monitor and operate its electrical distribution system vr-the usage of elec- trical- energy 2.4 This'franchfse Is granted upon She express condition that It shall not in any manner prevent the City from other or further franchises in, along, over, through, under, below or across any right-of -way. Such franchise shall in no way prevent-or prohibit the City from using any-right -of -way or other City property or affect Its jurisdiction over them or any part of them; and the City shall retain the authority-to make all necessary changes, relocations, repairs, maintenance, establishment, improvement;- dedication ot the same the City may deem fit, ineluding the dedication, establishment, maintenance and improvement of all new rights- of- way-or btherpubllc properties of every-.type and description. 2.5 Upon acceptance -by -the Grantee, this franchise shall supersede the:existing franchise entered into between -the City and the Grantee in 1958; authorized by Tukwila Ordinance No. 262 and acceptedby Seattle Ordinance 87631. Accordingly,-once this franchise is accepted by the Grantee, the 1958 franchise shall -have no further force or effect as of the effective date of this franchise. Section Z. Franchise Term. The-term of the franchise granted hereunder shall be for the period of 15 years, counted from the last day of the calendar month in which this ordinance became effective. Section -4. Consideration. It is recognized by the City and by SCL that the City has the authority to establish its own municipal.electric utility, and the authority to acquire SCL electric distri- bution properties lathe City forthat purpose. 4.1 In consideration for the City ag Being not to exercise such authority during the term of this franchise, SCL agrees to the following: 4.1.1 SCL shall pay the City 4% in 2003 and 2804; 5% In 2005 and 2006, and 6% as of 2007 of the amount of revenue derived from the power portion of SCL service to customers in the City; and shall pay the City 4% in 2003 and 2004, 5% in 2005 and 2006, and 6% as of 2007 of the amount of revenue- derived from the distribution portion of SCL service to customers in the City. City retains the authority to- change the above percentages, to a maximum of 6% on the power portion of SCL service and to a maximum of 6% on the.dlstrlbution portion of SCL service during the course of the franchise. upon one year written notice to SCL. g2l y SCL Franchise Ordinance Page 3 4.12 SCL shall not include any part of the power portion of the payment to the City provided in Section 4.1.1 above as a 'component of any rate differential between customers served by SCL in the City and customers by SQL In other jurisdictions. 4.1.3 SCL shall not charge greater than a b %differential in 2003 and 2004; a 7% differential in 2005 and 2006, and an 8% differential -as.of 2007 in the power portion of the-rates to customers in the City compared to the power portion of the ratercbarged to- similar customers in the Ctty of Seattle; any differential in the power portion of the Pates charged to customers in the City shall be the result of-a rate-review process.canducted by the Seattle City Council. The power por- tion of _SC: service to :customers In the 'City is approximately 60 -of the rates at the time of entering into this franchise. Any subsequent shift Int the proportion of power -versus distribu- tion in the -rates to SCL customers In the City-shall be the result of a rate review process conducted by the Seattle City Council. 4.1.4 SCL shall provide the Ctty with a good faith estimate and supporting information, within a rea- sonable time from-thecCity's request- the likely differential rate impact on the distribution portion of the rates in the -City Which, other than the payment related to the distribution portion of SCL service under Section 4:1.1 above, may only be created by an operational request or requirement of the City which is different from operational standards in other areas served by .SCL. 4.1.5 SCL -shall appoint. a member nominated by and other suburban cities to its Citizens' -Rate Advisory Committee who will- represent the Interests- of suburban cities served in whole or in part by:SCL. 4.2 Should the City of Seattle be prevented by :judicial or legislative action from collecting a utility tat on- all aria part of the revenues derived by SCLfrom- customers in the City, SCL shalt reduce- the to the City provided -in Section. -4.1.1 above by an equivalent amount; and this entire Ag cement may be.terminated by the-City at any- tithe thereafter upon 180 days written notice. During -such notice period, however, SCL and the City shall attempt to agree upon acceptable- substitute provisions. 4.3 Should a court of competent. jurisdiction declare the to paid to the City in Sec- tion 4:1.1 above invalid, fn -whole of in part, -or should a.change in law make the consideration to be paid to the-Qty In Section 4.1.1 aboveiavalid, In whole or part, this entire.Agreement thay be terminated-by the City at any time thereafter upon 180 days written notice. During such notice period, however, SCL and-the City shall attempt to agree upon acceptable, substi- tute provisions. 4.4 Payments prettded :for. under this section shall be -paid monthly 30 days following the end of each month. Section 5.. City Ordinances -and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability:to adopt and-enforce all necessary and appropriate _ordinances regulating the performance of the.2onditions or this- franchise, =including any reasonable ordinance made in the eaerdse of its police powers in the interest of public safety and for the welfare of the public. The City shall -have the authorIty -at all times to control, by appropriate regulations, the location, elevation, :and manner of construction and maintenance of any facilities of:SCL located within the City's right -of- way. SCi shall promptly conform with all such regulations, unless compliance would cause SCL to violate other requirements of law Section 6.- Right -of -Way Management. During the term of this franchise, SCL shall comply with -the provisions of Title 11 of the Tukwila Municipal Code, known as the 'Right -Of -Way Use Code. Section 7; Eindergrounding. SCL,hereby affirms understanding and agreement that its activities within the :City must comply with any undergrounding requirements established by the City ofTukwlla; provided,.however, that any undergrowidfng resultinghnm Sdund Transit construc- tion shall not be considered an undergrofmding requlrement-established.by the.City.of Tukwila. 7:1 7 1orm_atiam s ia1l:pravide to the City of Tukwila,- or.any entity that has. provided notice to 7) SCL of a joint trenching project pursuant to the Qty's undergrounding requirements, all rea- sonably requested information regarding the natureand location of facilities installed, owned, operated or maintained by SCLwIthin a proposed undergrounding area. .Said information will be provided within a reasonable period of time, not to exceed 30 days following the request. Page 4�� 7.2 Notice. SCL shall respond to any notification of an undergrounding project proposed by the City, within 45 -days following.such notification, withwritten commitment either to partici- pate In the proposed project or to remove its redlines. 73 fat. SCL agrees to bear its proportionate share of all costs common to participants in any joint trenching project, and to bear the•entlre cost of all materials and tabor particularlynecessary for the. underground installation of its redlines and --upon the. completion of that Installation the removal of the overhead facilities replaced_ thereby. 7.4 Civil Works; agrees to allow the Clty's construction Contractors to provide civil works on .behalf of SCL.for any underground installation of electrical facilities required by a road or other construction project,- provided that theClty' such works in accordance with SCL specifications,- and.provided ihat-the.lnstallatlon s ;artlnspecte_d approved and accepted by SCL. SCL agrees.w reimburse the City-for the cost of all civil works accepted by SCL, provided such :costs are _not unreasonable. Seetloa t Street Lighting. As a condition of placing its facilities in the public streets and as part of the elecutc_servtce it provides to its custome In :Tukwila, SCL -shall instali, and furnish equipment and:• power• for -in accordwith.pollcles and standards established by the City_ of Tukwila. Section 9. Implementation of Service Requirements. 9.1 Rate Information, SCL ;hail provide the City with copies of all studies,.reports, memoranda or other. documents provided_ to the.leglslathre brandies of the-City of Seattle regarding the estab- llsYiaient of the or-any-pottion thereof to be charged -to customers In Tukwila, within seven- days:of the transmission Eof said documents to the legislative of. the City of Seattle. Tukwila:Mall be provided; a reaon sable op to- review said- documents and to comment or ise participate 1p Seattle's rate?settlng process. SCL -shall ensure that the City recelves reasonable advanced notice all public hearings;-or other opportunitles. for the City represent the tnterests.of._SCL customers within-Tukwila, during Seattle's rte setting process: 9.2 City Council to Review Rates. The Tukwila City Caundl shall have authority to establish policies regarding :the; implementation of SCL service requirements included is Sections 7 and =.8 of thls ordinance. SCI, shall assist the. Gouudt in establishing these policies and in determinIng- the :impact,:1f any, sucK:po1[des have :upon SCL.customers within the City 11mILs. 9.3 Amortlzatlon.•The term of.the :Franchise herein.notwithstanding,- SCL shall amdrtize capital expenditure-Undated In order to meet the requirements of ibis franchise in accordance with •ttsstandard 9natidal pblldes. 9:4 Communication with City -Customers.. SCL will review with the City in advance any planned_.communicatlon to Its customers In the City regarding the services and rates affected' 1 y this franchise: Section 10. Planning-Coordination: 10.1 Growrh:Managenient. SCL*iees, as- follows, to- participate in the-development of; and tea- sombre updates -to the utilities_eletnenrof the City's comprehensive plan: 10.1.1 For -SCE's service within the City limits, SCL will participate in a cooperative effort with the City of Tukwila to develop a: Comprehensive Plan Utillues Element which meets the requlremenu described in-RCW _3b.70A.070(4). 10.12- SCL will participate in a cooperatfve-effortwiththe City to ensure that the Utilities Element of Tukwila's Comprehensive Plan is accurate as it relates to SCL's operations, and is updated to ehsureit continued relevahceut reasonable intervals. 1b.1.3. SCLshall submit information related to the general location, proposed location, and capacity of all existing and proposed electrical-lints as requested by the Director within a reasonable time, not 00 days from receipt of a written request for.such information. 10.1.4 SCL will update information provided to the City under this Section 10 whenever there are g2 -major changes in SCE's electrical.system plans for Tukwila. immEmmalit SCL Franchise Ordinance Page 5 10.2 System Development Information. -SCL will assign a representative whose responsibility shall be to coordinate with the City on planning for CIP projects including those that involve undergrounding. At a minlmum; coordination shall include the following: 10.2.1 By February 1 of each year, SCL shall provide the Mayor or his designee with a schedule of its planned capital improvements, which may affect -the right of-wayfor that year; 102.2 SCL shall meet. -with the City, other franchisees and users of the right- ofway, according to a schedule to be determined by the to schedule and_coordinate construction; and 102.3 All construction locations, activities and schedules shall be coordinated, as required by the Mayor or his designee, to minimize publlc inconvenience, disruption or damages. 10.3. Development of- Right -nfway Standards. -SCL herein agrees -to provide the staff support neces- sary to enable SCL to meaningfully- participate Iii the City's ongoing development of right-of- way standards. By way of illustration and not limitation, this participation shall include atten- dance at City planning meetings, review and comment of documents proposed for adoption, and any other activities that required lathe formulation of right-of-way standards. 10.4 Coordination of Permitting Activities. The parties agree to attempt to reduce the number of transactions at different locations that must be completed by a Tukwila applicant for a land we permit as follows: 10.4.1 If the City provides office space at City Hall for SCL at no charge, SCL will assign a represen- tative who keep hours at City Hall pursuant to a schedule mutually acceptable to both parties, so long as there is sufficient workload. The SCL representative will participate -with City staff In reviewing land use plans and permits requiring coordination with or approval by SCL, including any. protect- requiring new or changed electric service or ease- ments within the City limits. 10.5- j mergency Operations. The -City and SCL agree to cooperate In the planning and implementa- tion of emergency response procedures. Section 11. Service_ Quality. -SCL shall exercise the same degree of technical,- professional and administrative quality in serving_lts.custom.ers mite City is required within the electrical energy industry -and thetis provided -to all other customers with s(rniter circumstances within SCL's service- territory: SCL shall at all times comply vilth the minimum regulatory standards presently in effect or as may beameaded for the sale-and distribution -of electrical energy. Section 12. City Use of SCL- Properiy..SCL owns properties and facilities In the City which are essential to SCL's electrical utillty.operattons. SCL cooperate with the City in the same man• ner as_lt does with City rat Seattle 1n aligning the operation and management of its property and faciiltles•to serve -the goals and objectives of the-City, including the City's use of SCL property for .:public :purposes,.while at-the same time protecting the safe and efficient operation of SCL's electric utility. 12.1 Favorable Consideration of fay 13pauestc, SCL shall give every favorable consideration to a requestby the City for use of SCL property, including requests by the City to use SCL prop- erty for such publlc uses-as public parks, public open space, public trails for non motorized transportation, surface water management, or other specifically identified public uses. 12.2 Pub. nciAdoption of Proposed tisel Each proposed use of SCL property by the City shall first be approved -by Council action consistent with the City's Cornprehensive.Plan. 12.3 fdor oorov l p nc PI n b y L Prior to any Installation, modification or extension of any Improvenient-an SCL property proposed by the City, the Clty shall supply SCL with detailed drawings and specifications relating to such proposed development. No construction, installation or modification shall be performed until the plans have been approved In writing by SCL 12.4 permit for CItv Use of SCL Property. SCL shall provide the City with a separate permit, in a ?C/ form similar to that used for the City of Seattle, for each use of SCL property requested by the City, which shall detail the terms of such use including provisions to assure the continued safe and etdcientoperation of the electric utility 1 SCL Franchise Ordinance Page 6 Section 13. Finance. 13.1 Annual Rernncillatinn. Unless otherwise provided herein, all charges between the parties, except for rha*ges for electrical service to specific City buildings, penalties, reimbursements for breach or other forms of cure, and payment pursuant to Sectidn 4.1.1; shall be accrued and reconciled annually In accord following process: 13.1.1 Within 30 -days of the anniversary of the execution of this agreement, or upon such other date as the parties may agree, the parties shall exchange itemized invoices of charges that have been. incurred over the previous :12-month period. Said invoice shall Include all information reasonably necessary to. allow-each party to evaluate the validity and magnitude- of each charge. 13:12- Each.party. shall.have 45 provide the other with written notice disputing -any specific charge. nn the other's Invoice: If an invoice is- not disputed within this period, then the invoice w4I1 be deemed accurate. 13.1.3 Undisputed charges shall beset off against each other. The party with a remaining balance due afterthe set=offshali.provlde a,reconciled Invoice to the other party. Said invoice shall be satis- fied within 45'days of its receipt. 13.2 Other Ch Unless otherwise provided herein, charges between. the parties shall be paid within 45. days of the receipt of a written invoice for said charge. Section.l4. indemnification. 14.1 SCL hereby :releases, covenants not to bring:suit, and agrees to Indemnify, defend and hold harmless the-City;1ts. elected dada, employees, agents. and volunteers from any and all claims, costs, judgments, awards or liability to any person, tncluding.clalms by SCL's own employees'to Which- SCL Might-othervrise be Immune under Title 51 RCW, arising from injury, sickness or death of any person damage _to pmperry by-the negligent -acts or omis- sions of SCL, Its agents, servants, officers: or e.mployeesln performing activitles authorized by this franchise. SCL furthetaeleases and covenantsnot to bring suit, and agrees to indPmnrfy, defend and hold-harmless the its- erected afficials.,-employees;-agents and volunteers from ant claimsi _epsa, judgrnents, -awards or liability, to -any person-(including claims by- SCL's, own employees, lnclirding claims to which SCL :fright otherwise have im- inunity under 51'RCW) arising.agatnstthe City solely by virtue -of the City's ownership or control cf .the rights- of -wa7 or-othet publle properties, or by virtue of SCL's exercise of the rights- granted- herein, Or by virnie- of:the City's permitting :SCL's use of the right -of -way or other publte.propertr.based upon the _inspection -or lackof ilnspection of .work performed by SCI;.fti agents -and employees, In connection with work authorized on the City's.property or the City has control, pursuant to this franchise or pursuant t4 any .other permlt:_9rr approval' issued. in connection this franchise. This covenant of lndemnlffcationshaltinclude, but not be. ltmited to, cialmsagainst- She,City arising as a result of the negligent omissions of SCL, its agents; servants, officers or employees in barricading,:institutingtrench safety systems, or providing -other adequate vramings of any excavation constructionot. work la-any _right ofway or other public place in performance of :work :or -services permitted `under -this franchise. If final Judgment Is. rendered against the City, its.atec t_ed. officials,- e mpioyees,-.igents and volunteers, or any. of them, SCL shall satisfy the same. 142 Inspection or acceptance by the City of.any work performed by SCL at the time of completion of construction shall be grounds for avoidance of any of these covenants of lndemniflta- tioa. Sa1cL1 demnlfication obligations shall extend -to claims that are not reduced to a suit and any that may be. compromised prior -to :the culmination of any litigation or the institu- tion of any litigation. 143 In the event SCL refuses to- undertake the- defense of any suit or any- elalm, after the City's request for. defense and .indetanllfcatJon_has been made pursuant to the Indemnification clauses .contained herein,. and SCL's refusal is subsequently determined by a court having jurisdiction (Or-such other.trlbunalthat the parties shall agree to decide the matter), to have been a-.wrongful refusal on the part of SCL, then SCL shall "pay all -of the CIty's costs and expenses for defense -of -the action, Including reasonable attorneys' fees of recovering under this indemnification clause as -well as any judgment the City. C)J nimmmmimma J SCL Franchise Ordinance Page 7- 14:4 Should a court of competent jurisdiction :determine that this franchise is subject to RCW 4.24:115, then, the event of pabillty for damages.arising out of bodily injury to persons or damages to property_ tensed- by or resulting from the concurrent negligence of SCL and the City, its officers, employees and agents SCL's liability hereunder shall only to the extent of SCL's negligence. This waiver has -been mutually by the parties. Section -15. Enforcement -15.2 in addition 3o all other rights and powers retained by the City under this franchise, the City reserves the righthto and-terminate -this franchise and all rights and privileges of the 'Grantee In the event of substantlal:violation.or breach of Its terms and _conditions. Likewise, SCL may temnnate this franchise in the event of a substantial violation or breach of its terms and conditions by the Clty. 13.2 Asubstantial violation or breach by a Grantee shall include, but shall not be limited to, the fol- lowing: 152:1 An uncured.vlolatlon of any material provision of this-franchise, or any material rule, order or regulation of•the City made pursuant to Its power to protect the public health, safety and wel- fare;, :1522 Aft tntentional_evasion or knowing attempt to evade -any material provision of this franchise or practice.oPany fraud or deceit upon the system =tamers or upon the City; 1523 Failure to begin or substantially- complete any system construction or system extension as set forth in a franchise or right -of -way use agreement; 152.4 Failure-to provide the services specified in the franchise;- 1525 Misrepresentation of material fact during negotiations relating-to this franchise or the ample- IDentatlon thereof; 152.6..A continuous and wlllfui-pattem of grossly inadequate service and failure to respond to legiti- mate customer complaints; or 15.2.7 An uncured.fallure to -pay fees associated with this franchise. 15.3 No violation or breach shall occur which is without fault of the Grantee or the City, or which .!s -as a result of: circumstances beyond the Grantee's or the Qty's, reasonable. control. Neither the Granteenor. City shall-_be excused by economic hardship nor by nonfeasance or Malfeasance of its directors, officers, agents or employees; provided; however, that damage to equipment causing service interruption shall be deemed to be the result of circumstances beyond a Grantee's or the City's control U.it is mused by any negligent act or- unintended omission of Its employees (assuming proper trainingp or agents (assuming reasonable dili- gence in their selection), or sabotage or vandalism or malicious mischief by its employees or agents. A Grantee, or the City, shall bear the burden of -proof in establishing the existence of -such conditions. 15.4 Except 1rr the case of termination pursuant to Paragraph 15.1.5 of this section, prior to any ter- mination or revocation, _the City or the Grantee .shall provide the other with detailed written notice of any :substantial violation or material breach upon which It proposes to take action. The party who' is allegedly In breach shall have a perlud -of 60 -days =following.such written notice to cure -the alleged violation or breach, demonstrate to -the other's satisfaction that a violation or breach does not exist, or submit a plan satisfactory to the other to correct the viola- tion or breacLlf, at the end of said 60-day period, the City or the 'Grantee reasonably believes that.a substantial violation or.material breach is continuing and the_ party in breach Is not taking satisfactory corrective action, the other may. deciafe.that the party in- breach In default, which declaration must be in writing. Within 20 days after receipt of a written, declaration of default from /the party_that is alleged to,be in default may request, in writing a- hearing before a 'hearing examiner as provided -by the City's development regulations. The hearing examin- er's decision may be appealed to any court of competent Jurisdiction. 15.5 The -City may, in its discretion; provide an additional opportunity for. the Grantee to remedy any violation or breach and come into compliance with this agreement so as to avoid ter- mination or revocation. SCL Francnrse vrmuau,.c Page 8 15.6 In addition to any other remedy provided for herein for violation of any provision, -or failure to comply with any of the requirements of this franchise, the City may levy liquidated damages of up to $500:00 for each of the first five days-that a violatlon-exlsts, and up to $1,000.00 for each subsequent day that a violation exists. Payment of such liquidated damages shall not relieve any parson of the duty.to- correct the violation. 15.7 Any violation existing for a period greater then 30 days may be remedied by the City at the Grantee's expense. Section 16.. Survival. An of the provisions, conditions and requirements Of Section 6, 'Right -of• Way Management; and Section 14, Indemnification', of this franchise shall be In addition to any and all other obligations ant llabllltles SCL may, have to the City at common law, by statute, or by contract, and shall survive the City's banctilse to SCL for the use of the areas mentioned-In Section 2 herein, and .any renewals :or extensions thereof. All of the_provislons, conditions, regulations and requiements- contained In this tran chile udinance -shall further be-binding upon the heirs, succes- sors, executors, legal representatives and assigns of SCL, and all privileges, as well as all- obligations and liabilities of SCL lane its heirs, successors and assigns .equally as if they were sp ecincally mentioned- wherever SCL is -named herein. Section 17. Severabillty. '1t any section, sentence, clause or phrase of this ordinance should be held to be- invalid .of unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not-affect validity or constitutionality of .any other section, sentence, clause or phrase of-thls fianrht:o ordinate. The parties -may amend,. repeal, add, replace or modify ,any- provlslon of to S,Franchise to preserve the Intent of the parties as expressed herein prior to any finding of invalidity ,ar- unconstiWfloaalltp. Section .18. Assignment._ This franchise shall not be sold, transferred, asslgted, -or disposed of. In whole or in part-either by sale, -voluntary-or. Involuntary-merger, consolidation or otherwise, -without-the written approval of the Clty: costs associated-with the Dity's-revlew of any transfer proposed by the Grantee shall be reimbursed to the City by the Grantee. 18.1 An assigatnent of this_ franchise shall he deemed -to occur 11 there is an actual change In.controI ot where ownership of 50% Or more- of the -beneficial interests, singly- or collectively, are obtained by other parties. The :ward 'control' as wed herein is not limited _to majority stock ownership only, but:includes actua[-worktng control In manner exercised. 18.2 Except as otherwise provided herein, the Grantee shall promptly notify the City prior to any propoded.change in, or transfer of, or acquisition by any Other party of control of the Grantee's company. _Every change, Vander, or acquisition of control of the Grantee's company shall cause a review -of the proposed transfix. In the evenfhat the.City denies its consent and such change; transfer of acquisition of- control has effected, the Franchise is terminated. Section 19: _Node Any.nottce or Information required or permitted to be given to the parties under this franchise may be sent to the-following- addresses unless otherwise specified: $upertntendent of Seattle _City light Tukwila Public Works Director 700 Fitch :Avenue, :Suite 3100 •6200 Sotithcenter- Boulevard Seattle,WA 981045031 Tukwila; WA 98188 Phone:- 206. 684.3200 Phone: 206-433-0179 Far 206-6843156 Fay 206 4313665 Section 20. Non•Walver.. The!allure of either patty to enforce any-breach or violation by the other party of of this Franchise shall not be deemed to be' a waiver or a continuing waiver by the nonbreacbling party of-any-subsequent preach or violation of the same or any other provision-of-this franchise.. Sectlon.21: :Alternate Dispute Resolution. If the parties are unable to resolve disputes aris- ing (rani. the terms of this franchise, prior to.resorting to a courtof competent jurisdiction, the parties shall Submit the:dlspute to a_non- binding alternate dispute resolution process agreed to by the parties. Unless otherwise agreed between the parties or determined herein, the cost of that-process shall be shared Section .22: Entire- Agreement. This franchise constitutes the entire understanding and agreement between'the parties as to the. subject matter herein, and no other agreements or under. standings, written :or otherwise, shall be binding upon the parties upon execution and acceptance hereof 27Z— v° 7 SCL Franchise_ Ordinance Page 9 Section 23. Directions to My-Clerk. The City Clerk is hereby authorized and directed to forward certified copies of this ordinance to the Grantee set forth In this ordinance. The Grantee shall have 60 days from receipt of the certified -copyof this ordinance to accept in writing the terms of the franchise granted to the Gtantee iwthis ordinance. Section 24. Publication Costs; In accord State law, this ordinance shall be published in full. The costs of said publication shall be borne by the Grantee. Section 25: Effective Date. If accepted by the Grantee, this ordinance shad take effect and be In full force as of March i 2003. The City Clerk is -hereby directed to publish this ordinance in full. PASSED BY THE CITY _COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 2.1 day of r 1 1604 2003. Steven M. Mullet, Mayor ATTEST/AUTHENTICATED: k th J ane E. Cantu, CMC,:City Clerk Flied with the City Clerk: D/ 7 03 Passed by the City Council: U 21 03 PROVED AS TO FORM Published: U I 24= Effective Date: 1 Ordinance 3 ance Number. 2012, Office of the City Attorney 1 Finance Safety Committee August 21, 2006 5:00 p.m. Present: Pam Carter, Chair; Jim Haggerton, and Verna Griffin, council members. Rhonda Berry, City Administrator; Kevin Fuhrer Director of Finance; Don Lincoln, Police Commander; Diane Jenkins, Administrative Assistant to the City Council; Al Dams, Assistant Manager, King County Animal Services; and Chuck Parrish, community member Business Aaenda A. Utility Tax ordinance review and reaffirmation Mr Fuhrer conveyed that Ordinance 1998 established the City utility tax. The ordinance was adopted on November 18, 2002 with an effective date of January 1, 2003. The ordinance requires the Council to review and reaffirm the 1% increase scheduled for 2007 (increasing the rate from 5% to 6%). The expected increase in utility tax revenue is approximately 5790,000. Administration believes these additional revenues are needed as the 2007 preliminary budget is being developed. Another consideration is that the rate increase was assumed in the adopted 2006 2011 Financial Planning Model and Capital Improvement Program. On a related note, Ordinance 2012 establishes a contract with Seattle City Light (SCL) to operate an electrical utility within the City This ordinance was adopted on January 21, 2003 with‘an effective date of March 1, 2003. A provision in the ordinance requires SCL to tender a percentage contract payment for the privilege of operating the utility The percentage is also scheduled to increase from 5% to 6% effective January 1, 2007 While Ordinance 2012 does not require the Council to reaffirm the rate increase, it has been a matter of practice. Ms. Carter noted that City of Tukwila was one of the last cities to implement this tax. Most of the revenue collected comes from commercial businesses. Ms. Berry conveyed that the City provides rebates to those residents who qualify Mr Haggerton pointed out that the Council opted for a graduated schedule rather than implementing a flat 6% tax to make it easier on consumers. By bringing it before the council, it also allows an opportunity for citizen input. Ms. Carter asked who was nominated by the City and other suburban cities to serve on Seattle City Light's Citizen's Rate Advisory Committee. Forward to August 28 Committee of the Whole meeting. B. Purchase order for Falcon digital audiolvideo body wire system from seizure funds Commander Lincoln explained that the police department has identified covert surveillance /recording equipment (commonly referred as a body wire) that would enhance investigation and prosecution of cases. Current covert operations use a body wire with FM technology which can be scanned and cannot be transmitted to a standard recording device. This new equipment uses digital technology for audio and video. This technology is also subjected to being scanned but the transmitter can be tumed off. Also, it can be monitored with a laptop computer In addition, there is a safety transmitter to help ensure the safety of the officer It is proposed to purchase a covert surveillance /recording kit (body wire) as sole source from Adaptive Digital Systems. They are recognized in the law enforcement community as a leader in this area. This equipment, 510,450, will be purchased with funds in the seizure account. Ms. Berry related that because it is under 525,000, this committee can authorize the purchase and the entire council would be notified. The committee authorized the expenditure. Discussion, C. A resolution supporting the Automated Fingerprint Identification System (AFIS) levy Commander Uncoln explained that the Automated Fingerprint Identification System (AFIS) levy will appear on the September 19 ballot and requested the Council adopt a resolution in support of this levy Fingerprints are scanned into AFIS and transmitted over a secure network and compared to a database to identify the prints. Also, the system is used to store DNA, booking photos, and palm prints. He reviewed the upgrades planned for AFIS. It is estimated that this would cost S22 per year for the owner of a 5400,000 home. Forward to August 28 Committee of the Whole meeting. Following discussion on AFIS, Ms. Berry asked for an brief update on reporting of sexual offenders. Commander Lincoln noted that he would be attending a national conference focusing on sexual offenders and offered to come back and share the information. To be discussed at future Finance and Safety Committee meeting. U Finance Safety Committee 2 August 21, 2006 D. Animal Control Services Ms. Berry remarked that the topic of animal control was discussed at the August 7 Finance and Safety meeting. She contacted the cities of Shoreline and Kirkland who are very pleased with the animal control services they are receiving under the pilot program. The City of Tukwila has a pick -up truck available. The outstanding issue dealt with which ordinance would be enforced if there was a conflict. Mr Dams explained that the problem centers around the appeal process. Cities are required to adopt substantially similar ordinances. King County would not have legal standing to enforce certain provisions. It is possible that King County Board of Appeals could be used to hear appeals or perhaps the City of Tukwila could possibly make provision for appeals in its ordinance. These avenues will be explored. Under the terms of pilot agreement, the city provides direction to the officer The animal control officer could use City of Tukwila citations for certain violations such as dangerous dogs. Ms. Carter asked that information on how to contact animal control officers during off-hours be provided. Mr Dams conveyed that this type of service allows the City to quickly change priorities; you are able to direct the animal control officer Ms. Berry noted that code enforcement officers receive many phone calls on barking dogs. Ms. Griffin suggested that an article be placed in the Hazelnut to provide information to citizens on what to do and what to expect. Communication is very important. Mr Dams noted that time should be set aside for the animal control officer to return phone calls and to follow -up and inform residents on what actions were taken. As time progresses, it is hoped to give the animal control officer more authority to make decisions quickly Some appeals may be lost but it will be a more responsive system. A draft of the interlocal agreement will be developed. Discussion. Miscellaneous Ms. Griffin noted that at °Night Out Against Crime, several people who live in the Terrace Apartments complained about the noise wafting up from Gordy's Restaurant. Ms. Berry conveyed that there are noise ordinances; she will let them know about the complaint. Adjournment 6:20 p.m. Committee Chair Approval Minutes by DJ. 90 COUNCIL AGENDA SYNOPSIS -my t Initials ITEtlI1'`TO. !ice a Meeting Date I Prepared by AIayor''raci m' Council rn.; v I N` ,�'ts'v! 1 08/28/06 1 DT 1 ti. I' LF I 3,j rsoa I 1 1 1 I ITEM INFORMATION CAS NUMBER 06-099 I ORIGINAL AGENDA DATE: AUGUST 28, 2006 AGENDA ITEMITITLE Proposed amendments to standardizing language in certain sections of Fire Department ordinances. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other .19g Date 08/28/06 •lftg Dab Mt Date Mtg Date 09/05/06 14g Date Mid Doh. Mtg Date I SPONSOR Council El Aker Adm Sec DCD Finance Fire Legal P &R Police Pil J SPONSOR'S During some recent fire code enforcement action it was discovered that the various fire SUMMARY 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 ■t 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 COMMITTEE Unanimous Approval; Forward to G.O.W. COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE l'ED APPROPRIATION REQUIRED $o $o $o Fund Source: N/A Continents: MTG. DATE RECORD OF COUNCIL ACTION I I MTG. DATE ATTACHMENTS 08/28/06 Information Memo dated 8/3/06 Summary of amendments to the 5 fire ordinances Draft ordinances (5) Finance Safety Committee minutes from 6/5/06 I r 01 r Tukwila Fire Department 1 t Vt a InterOffice Memo isti Y90s August 3, 2006 To: Finance Safety From. B/C Don Tomaso Re. Fire Ordinance Clarfication Issue: During some recent fire code enforcement action it was discovered that the various fire 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. Backaround: This was brought before the Finance and Safety Committee on June 5, 2006 and at that time the Committee agreed with the proposed changes. We have prepared the changes as directed by the Committee, and resubmit them for your review Discussion: June 5 meeting recommendation was to forward on to the COW and Regular Meeting SUMMARY OF ORDINANCE CHANGES These two sections should be included in all of the following ordinances: #2047 Adoption of International Fire Code #2050 Automatic Sprinkler Systems #2051 Automatic Fire Alarm Systems #2052 Fire Hydrants #2053 High -rise Buildings 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. Exceptions Any exception to the items covered by "TIC Chapter 16.40 shall be made by the Chief of the Fire Department, or by the Fire Marshal. Request for exception must be made in writing; exceptions granted or denied shall be in writing. CD CI Correction to ordinance #2047 adoption of the International Fire Code 16.16.080 Fees. B Re- inspection Fees: 1. Re- inspection Fees for New Construction, and Tenant Improvements and spot inspections. A re- inspection fee of 580 will be assessed when an inspection is requested for new construction, and tenant improvements and spot inspections and, 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. (This Penalties section should also be included in all of the following ordinances: #2047 Adoption of International Fire Code #2050 Automatic Sprinkler Systems #2051 Automatic Fire Alarm Systems #2052 Fire Hydrants #2053 High -rise Buildings) 16.16.110 Violations Penalties. Any person who shall violate any of the provisions of the International Fire Code or appendices adopted by T1VIC 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 4 conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00 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 q b the enforced removal of prohibited conditions. J L L 1.1 AN ORDINANCE ORDLNANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2047, AS CODIFlt ll 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 16.16.080 "Fees," is hereby amended to read as follows: 16.16.080 Fees. A. Permit Fees: A fee of 5100.00 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 soot inspections. A re- inspection fee of $80 will be assessed when an inspection is requested for new construction, tenant improvements or soot inspections. or when upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or dos not comply with fire code requirements. Under these conditions, a follow -up inspection will be required. The r..-=- -c-n fee shall be paid psi- _hc follow up inspection, and the paid receipt shall be at the job cite. 2. Re- inspection Fees for Company -Level Inspections. A re- inspection fee of 560 will be assessed 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 585 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. //1l Clams end SalnWAI USS 1p_ 5Gy4ee ,;':;soATAI,o:c_z:.csF+vnzEx21 Tare Fe Cc& Ate- A.e:.c DT: spsnoc6 Page 1 of 2 Section 2. Ordinance No. 2017, 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 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 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 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. 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. ATTEST/AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Qerk 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: qg C:Woaa s a. ktr tp;Usst,6-S do ?)Ce:M5DATA \CrCr'. Ilt -ratfl Tefs Fre Cede P.r= -d.ecc or: apspo-c-s Page 2 of 2 Cp v Li ti 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 ORDALN 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 Fee. An .580.00 re- inspection fee shall be assessed when an inspector is requested to make an inspection, re- inspection. or soot inspection. or to witness a test on a sprinkler system and, upon arrival, finds the work is not ready for inspection or the test fails. Pi: fee shall be paid prior to a follow up inspection anj the receipt shall be at the job site. 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 r_=_ lating the pr =_finance shall be guilty of a misdemeanor, and u con. cnOn thereof, be puni;hcd by a fine of not more than X500.00 or 1. ::,:,:.::.c:., fc::.c: ::van 90 days, or by both ouch fine person violating the provisions of 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 Hermit 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 iurisdiction within the time fixed therein. shall be guilty of a Boss misdemeanor, and upon conviction thereof. shall be punished by a fine in an amount not to exceed 55,000.00 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 C OCairers u'd S a.-wsr] l keg cc `(e ISDATA\GUC;.\.S: rYs LTetl.ecc oT :isn 8/25/2036 Page 1 of 2 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. Ordinance No. 2050, as codified at TMC Chapter 16A2, 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 anneal 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 interoretation 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 Cll Y COUNCIL OF THE Cli Y OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2006. ATTEST AUTHEIN TIC Alb D 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: J 0 0 C'Dcarrsts ad Sewxs' Us if s.91,W :SDATa\Gir' a au fi atie.“ DT:<3, 812520ro Page 2 of 2 Application of the penalty specified in this section shall not be held to nreve_nt the enforced removal of prohibited conditions. Section 3. Ordinance No. 2051, as codified at TMC Chapter 16.40, is hereby amended by adding provisions for appeals, to read as follows: 16.40.160 Appeals. Whenever the Fire Marshal disapproves an application or refuses to Brant 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 reeardine interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will reauest 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 CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2006. ATTEST/ AUTHENTICA1ED 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: w) c d 0 tf'do ?1Y= 1?i•L^, AT�iGt:r<�+F z Nan Si� %n s G.d s_ orr� e125RC_6 Page 2 of 2 f 1 L^ Lf "v- La u AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2032, AS CODIFIED AT TMC CHAPTER 14.24, °FIRE HYDRANTS," CLARIFYING FIRE HYDRANT INSTALLATION REQUIREMENTS; AMENDING REQUIREMENTS FOR EXCEPTIONS; ESTABLISHING PROVISIONS FOR RE- INSPECTION FEES, VIOLATIONS/PEVALTIES, 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 Tvpe 2 R,VIP 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. 2052, 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 TMC 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. Reouests for exceptions must be made in writing: 1 0J- exceptions granted or denied shall be in writing. C:Deoanmts z.d xe:1-: MSD_aTA'A d'__ Th FH'tr t Ann±do. DT] azszccs Page I 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. 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 reouirements. 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: 14.24.080 Violations Penalties. Any person who shall violate any of the provisions of 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 iurisdiction within the time fixed therein, shall be guilty of a grass misdemeanor. and upon conviction thereof, shall be punished by a fine in an amount not to exceed 55.000.00 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 LI1 Y OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2006. ATTEST AUTHENTICA FED: 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 q 4::?xturssnATXOrd z r.s Ere xyri ;A-t i&c a� or ,25f2CO5 Page 2 of 2 Li `nP tiu LJ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2033, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.48, °HIGH RISE BUILDINGS," ESTABLISHING PROVISIONS FOR RE- INSPECTION Fbb-S, VIOLATIONS/ PENALTIES, EXCLPIIONS AND APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABT.T.SHING 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. 2053, 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: 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 soot 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. 2053, 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 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 thereunder or any certificate or permit issued thereunder and from which no anneal 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 iurisdiction within the time fixed therein. shall be guilty of a grass misdemeanor. and upon conviction thereof. shall be punished by a fine in an amount not to exceed 55.000.00 or imprisonment for a term not to exceed one near 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 etpoze'.r r..d 5=:t 'A: tYcs\ Did ?rl'e- r•RSDATk\Ctarznz51a:ch Rise &me4.Co DT cm ea;rno. s Page 1 of 2 penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 3. 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 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. 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. Anv exception to the items covered by this section shall be made by the Chief of the Department or by the Fire Marshal. Reouests for exceptions must be made in writing: exceptions granted 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 CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2006. ATTEST AUTHENTICA I ET 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:'pw tits a,i RT M-e d.ccc DTrn 8n5p006 Page 2 of 2 Finance and Safety Committee June 5, 2006 5 p.m. Present: Pam Carter, Chair; Jim Haggerton, Verna Griffin, Rhonda Berry, Kevin Fuhrer, Nick Olivas, Bob Giberson, Shelley Kerslake, Don Tomaso, Mary Miotke, Chuck Parrish, Jane Cantu Business Agenda: Council Technology (Devices) As a follow -up to a previous committee meeting, IT Manager Mary Miotke presented a chart that compared the cost/unit, support, detail of additional costs, weight, replacement schedule, function, vulnerability, liability, training, and city policy requirements of several viable devices. After discussing the various options available to them, Council decided that 2 or 3 laptop computers, a docking station, a portable printer, and a case with wheels would meet their needs and those of their new staff person for the present time. Unanimous approval forward to future COW. July 4 Fireworks Permit for Public Display at the Starfire Snorts Complex Mr. Tom Whitacre, a licensed Pyrotechnic Operator with the State of Washington and the Bureau of Alcohol, Tobacco, and Firearms is seeking a fireworks permit for a public display at the Starfire Sports Complex on July 4 This display is being held in conjunction with the City's planned event "Family Fun at the Fort" Battalion Chief Don Tomaso told the committee that Ivfr. Whitacre's application was reviewed to WAC 212 -17 and accepted industry standards and he found everything to be within the established guidelines. Because Mr. Whitacre has done the fireworks display in Tukwila several times in the past, Tomaso requested the permit be sent directly to the June 19 Regular meeting for approval. Additionally, B/C Tomaso noted that each year the crowds that gather for the fireworks display grow larger and traffic can be difficult to manage. He suggested. 1) two fire apparatus be staged at the site; one apparatus on each side of the Railroad right -of -way; and 2) Tukwila Police provide crowd control during the public display; 3) provide traffic control to the Fort Dent Way and Interurban Ave. intersection to expedite traffic flow Unanimous approval— forward to 6/19 Regular Meeting Proposed Amendments Standardizing. Lan2uag.e in Certain Section of Fire Dent. Ordinances Batallion Chief Tomaso explained the City attorney and prosecutor had advised him of the need to standardize the language in certain sections of fire department ordinances. The aforementioned sections deal with .appeal provisions, the exceptions and penaties sections. The changes are necessary in order to comply with the RCW statutes. Tomaso reviewed each of the specific sections in need of amendment. Council discussion I 06 COUNCIL AGENDA SYNOPSIS Tgitia� T E' r a I y Abetiij Date Prepared by I Mayor''sr rer 1 Crur it mN; /e I 08/28/06 1 D3 1 s,..•..\ NM%t I 2 h. 1 I 1 1 ITEM INFORMATION I CAS NUMBER: 06-100 I ORIGLV_1L AGENDA DATE: AUGUST 28, 2006 AGENDA ITEM TITLE Council Goals for 2007 Budget CATEGORY Discussion Motion kesolution Ordinance Bid Award Public Hearing Other Aftg Date 8/28/06 3ftg Date ditg Dote Mtg Date Mfg Date At :g Date Mtg Date SPONSOR Council tbfa Adnt Sues DCD Finn.. Fitz Legal P &R p Police PIT/ 1 SPONSOR'S It would be appropriate at this time of the year to discuss and establish the Council Goals SUMMARY for the 2007 Budget. Last year's goals are attached for review. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMEN. Discussion COM?.IIITEE I COST IMPACT I FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Co n rents: MTG. DATE I RECORD OF COUNCIL ACTION I I I I MTG.DATEI ATTACHMENTS 8/28/06 1 2006 Council Program Description, Budget Narrative, 2006 2005 Program Goals I I /Uf I I Department: City Council Program: Legislative Division NIA Account: 01 -511 -600 Fund• 000- General PROGRAM DESCRIPTION: The City Council represents citizens through legislation and policy direction. They also represent the City in regional and intergovernmental affairs. The Council meets bi- annually with State Legislators who represent the City of Tukwila. Policy direction is given by Council passage of motions, resolutions and ordinances. Approving the annual budget with its implied policies is another Council responsibility The Council also approves comprehensive plans and capital improvement plans. It is the legislative analyst's duty to assist the Council and Administration in their duties by providing analysis, information, research and coordination. PROGRAM OBJECT BUDGET: 2004 2005 2006 2007 PROGRAM OBJECT ACTUAL ACTUAL BUDGET BUDGET 10 Salaries Wages 153,000 160,647 20 Personnel Benefits 47,000 59,341 30 Supplies 3,000 2,000 40 Other Services Charges 17,000 28,400 TOTAL 220,000 250,388 BUDGET NARRATIVE: "Salaries Wages" includes a Legislative Analyst position and 7 Council Members. "Other Services Charges" includes travel ($20,000), communication ($400); consultant services ($3,000); and miscellaneous ($5,000). JG —26— Department: City Council Program. Legislative Division. N/A Account: 01 -511 -600 Fund 000 General 2006 PROGRAM GOALS: Adopt zoning and comprehensive plan policies regarding Tukwila Valley South. Strengthen ties with state and federal legislators through regular contacts and communications. Adopt comprehensive plan policies for Transit Oriented Development. Consider options for starting a City telecommunications operation. Provide a counter defense to federal efforts proposing limitations on Cities ability to control its rights -of -way Promote traffic calming in residential neighborhoods. Evaluate personal technology options for councilmembers. Get monthly briefings on Washington, D C lobbyists' work. 2005 PROGRAM GOALS: Schedule a facilitator to conduct a team building and process exercise for Council. Deferred indefinitely. Continue to refine City ordinances and policies to strengthen the City's residential community Completed. Adopt budget policies and refine Council procedures and schedules to strengthen financial planning in the City. Completed. Work with other organizations to ensure that future state and federal policies and processes are beneficial to Tukwila citizens. Completed. Get monthly briefings on Washington, D C lobbyists' work. Completed. Schedule and hold an AWC financial planning workshop in early 2005. Deferred indefinitely. Promote traffic calming in residential neighborhoods. Partially completed. 10 —27— Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. August 7 14 21 28 See agenda packet cover sheet for this week's agenda (August 28, 2006 Committee of the Whole meeting). September 5 (Tuesday) 11 18 25 Public Hearing: ci 4n, SuealPresentations: Labor Da Wig Properties, LLC Update on All y development agree (City offices closed) merit and resolution Nations Cup event for Southcenter Tukwila Pond Square concept plan Unfinished Business: Wig Properties, LLC development agree- ment and resolution for Southcenter Square October 2 9 16 23 30th Fifth Monday of the month —no Council meeting scheduled CO\L\IITFEE OF THE WHOLE MEETLNG TO BE FOLLOWED BY A SPECIAL MEETING /11 Upcoming Meetings Events AUGUST SEPTEMBER 2006 28th (Monday) 29th (Tuesday) 30th (Wednesday) 31st (Thursday) 1 1st (Friday) 2nd (Saturday) Transponation Community FARMERS MARKET Cmte, Affairs Parks Corny of 144th St and 5:00 PM Cmte, Ta¢viia Ina. Blvd (CR 41) 5:0D PM Every Wednesday (CR 43) (now dimorph Sept 27) City Council 3:00 to 7:00 PM Committee of the Whole t"` V.:-i h 7:00 PM (Council Chamber) www.ci.tukv.ifa.w'a.us/ FML(armersmarkethtm Sister City Cmte, 5:30 PM (CR 63) ExTRAMEarI.xo v- Court 1 4th (Monday) 5th (Tuesday) 6th. Wedhesdav) 7th (Thursday). I 8th (Fridav) I.9th (Samrdav) I Chamber of FARMERS MARKET E9ttity' LABOR DAY Commerce Govt Corne7 of 144th St and Diversity City offices Commu. T lnt'L Blvd Commission, closed Affairs Cmte., Every Wednesday 5:00 PM 12:00 NOON (now through Sept. 27) (Sl-waalt F,atnL_r b School C Office) 3:00 to 7:00 P3f !fiddle Art Cozmi:; f>'3 5:00 PM Fittri-4_10 TO SaZ ww w.cLtukwila.wa.us/ Finance Safety F3Lfarmenmarkethtm r Court Cmte, 5:00 PSI Ijtilitics Cmte, (CR 4 3) 5:00 PM City Council (CR 41) Regular Mtg.. Sister City Cmte, 7:00 PM 590 PM (Cana it (CR 43) Chamber) 1 >Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Kbnbarly %fatej at 206-767-234Z 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 Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat, 10:00 Am to 1:00 PM, Foster 11S main parrino lot Dispose of pnmings and plant materials from the longhorned beetle quarantine area Drive your truckload of materials to the lot and help will be provided to unload, chip, and dispose of materials free of charge. Be sure to bring ID with quarantine area address. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mom, 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 2nd Mon..5:00 PM, Conf. Room 43. Contact Bev Willison at 206 -433- 1844. Community Affairs Parks Committee: 2nd 4th Tues., 5:00 PM, Cone Room 43. Agenda items for 8 /06 meeting: (.4) Wire /pcv Te%rommunicatiors Chapter Briefing. COPCAB Community Oriented Policing Citizens Adv. Board): 4th Wed, 6:30 PM, Conf. Rm 45. Afarja Marcy (206 -433- 7175). Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf Room 45. Contact :104a lfiaray at 206433 -7171 Domestic W olenee Task Force: 3rd Thurs., 12:00 Noon, Conf. Room -5. Context Evict Bay.Ptm or Stacy Hansen at 206 -433 -7180 >Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Contact Diane Jenkins at 206- 433 -1834 Finance Safety Committee: 1st 3rd Mon, 5:00 PM, Conf Room 43. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Cord Chi Dave Haynes at 206 -433 -1812. Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Senses Office. Contact Evie Boyimi at 206 -433 -7180. Human Services Providers: Quarterly, 11:30 AM, TCC (2006 3117, 6 9115, and 118). Contact Slaty Hansen at 206433 -'181 Library Advisory Board: 3rd Wed, 7:00 PM, Foster Library. Contact Bruce Fletcher at 206- 767 -2343 Lodging Tat Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Cor_roct Katherine Kerman at 206 575 -2489 Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Cont Kimberly.'.fatej at 206-767-2342. Planning Commission/Board of Architectural Review: 4th Thurs.. except 2nd Thursday in Nov. Dec. 7:00 PM, Council Chambers at City Hall. Contact Wits= Givers at 206 -431 -3670. >Sister City Committee: 1st Wed., 5:30 PM, Conf Room =3. Contact Bev P/i118on or 206 -^.33 -1844. Transportation Committee: 2nd 4th Mau., 5:00 Pm, Conf. Room 41. Agenda inns for 8.28 meeting: (A) KlickitavTacsifa Urban Center Access Improvement Project Update. (B) Fire Station 452 Female Restroam Project Bid Award (C) 2006 Second 1 Qumtes Comm utilities Committee: 1st 3rd Tues., j:CO PM, CanE Room :41. Court Busy Court and'or Jury Calendar (noted to alert employees and citizens of potential nab difficulty).