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HomeMy WebLinkAboutCOW 2006-07-24 COMPLETE AGENDA PACKET J��aag Tukwila City Council Agenda z COMMITTEE OF THE WH OLE ics; y w Yv O Steven M. Mullet, Mayor Councilmembers: Joe Duffle Joan Hernandez Rhonda Berry, CityAdrninistrator Pam Carter Jim Haggerton 1908 Dennis Robertson, Council President Pamela Linder Verna Griffin Monday, July 24, 2006; 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE 2. SPECIAL Introduction of new IT employee: Scott Kirby, Web Technician PRESENTATIONS Domestic Violence Walkathon (15 minutes): Evie Boykan, Human Services Manager Kerry Annette Wade, Event Co-Chair Trisha Blornquist, Event Co-Chair Coscomm International; Mary Miotke, IT Manager Quarterly Financial Review; Kevin Fuhrer, Finance Director A proclamation designating Tuesday, August 1, 2006 as: Pg. "Night Out Against Crime in Tukwila" 3. 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. 4. SPECIAL a. Sign Code revisions. Pg. ISSUES b. Tukwila Station Development Agreement proposal Pg. (pamphlet attached separately) 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING SPECIAL MEETING Ord #2126 Res #1610 1. CALL TO ORDER/ ROLL CALL 2. CONSENT Approval of vouchers. AGENDA 3. UNFINISHED An ordinance amending the Sign Code to expand the purposes of BUSINESS the Sign Code, and to create additional sign regulations for public facilities (see 4.a. above). 4. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 2 0 6- 433-18 0 0/I'DD 206- 248 -2933. This notice is available at www.atukwila.wa.us and in alternate formats with advance notice for those with disabilities. Tulcwila Council meetings are audio taped. .rte -v -L ;T Y• it x g iti rya a 1 r oya 7 __re. c� r. f i-4- ,z�, ;v f s A t om' s ue-- eV.! a fraed, e- t -A am r, s1 Sa y F o. Office o k, O Mayor r s c it 1Ci 1 Y`' iii r `q' Tukwila, Washi ngton 4: y :rs PROCLAMATION it. at WHEREAS, the National Association of Town Watch (NATW) is sponsoring a vi4 unique, nationwide, crime, drug and violence prevention program on Tuesday, ;g August 1, 2006 entitled "National Night Out"; and WHEREAS, the "20th Annual National Night Out" provides a unique opportunity for the City of Tukwila to join forces with thousands of other communities across the country in promoting cooperative, police- community crim j" p revention efforts; and s WHEREAS, the City of Tukwila plays a vital role in assisting the Tukwila v Police Department through joint crime, drug and violence prevention efforts in the fts City of Tulcwila and is supporting "National Night Out 2006" locally; and s 4-1- WHEREAS, it is essential that all citizens of the City of Tulcwila be aware of -tit- the importance of crime prevention programs and the impact that their participation 3� can have on reducing crime, drugs and violence in the City of Tukwila, and f WHEREAS, police community partnerships, neighborhood safety, awareness, a and cooperation are important themes of the "National Night Out" program; ?s3 NOW, THEREFORE, I, Mayor Steve Mullet, Mayor of Tukwila, do hereby call upon all citizens of the City of Tukwila to join the Tukwila Police Department and the National Association of Town Watch in supporting the "20th Annual National Night Out" on August 1, 2006. FURTHER, LET IT BE RESOLVED THAT I, Mayor Steve Mullet, do hereby ,4 proclaim Tuesday, August 1, 2006 as: N` to Night Out Against Crime y in the City of Tukwila. Signed this t L-- day of c C1 N 2006. Steven M. Mullet, Mayor of Tukwila a1,, Y_ Ca 3 1f O f C`c z i 5 t yi 312' z V 1 v b y11 ;:11-4,-X.-? 3 r l tea -.4 a p 3 3 s- Fi_ ca. c a :r.� -v. S� ri a_ .4_ COUNCIL AGENDA SYNOPSIS s 2 sti''• r,,; all I1arisNo. 4 1.91: 1 Muting Date 1 Prepared by 410Alla)ar's raw I Commit nrzw 1 t J 1 07/24/06 1 BM for SCI 1 c luk I I I I I ITEM INFORMATION CAS NUMBER: 06-077 I ORIGLNAL AGENDA DATE: 7/10/06 AGENDA ITE.MT]TLE Sign Code Revisions CATEGORY Disausion i%Ioiion Resolution Ordinance Bid Award ❑Public Hearing Other Mtg Date 7/24 Mtg Date 1122 Date ALB Date M(g Date .1122 Date Mig Date SPONSOR Council Alger Adm Svcs DCD Finance Fire Legal PeaR Police PIP" SPONSOR'S The Tukwila School District has requested that the City's sign code be modified to permit SU).LMARY changing message displays. The City's sign code currently bans any sign that changes content more than once every 24- hours. The proposed draft ordinance would permit public facilities to have changing message displays that change content no more than once every 10 seconds. REVIEWED BY COW Mtg. CARP Cmte FRS Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 4/25/06 5/25/06 6/22/06 RECOMMENDATIONS: SPONSOR /ADMLN. Set a date for a public hearing. CoMMIInEE CAP referred the matter to the Planning Commission. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 7/24 MTG. DATE ATTACHMENTS 7/24 Staff Report 7/24 Draft Ordinance 7/24 Community Affairs and Parks Minutes from the April 25, 2006 Meeting 7/24 Planning Commission Minutes from May Meeting 7/24 DRAFT Planning Commission Minutes from the June Meeting. 7/24 1 Map of properties eligible for changing message signs. J �wiv\ cy G_ City o f T M. la op. Steven Mullet, Mayor etiv 1-i) Iu; t Department of Community Development Steve Lancaster, Director 1908 Committee of the Whole Staff Report l� FROM: Steve Lancaster, Director Brandon Miles, Assistant Planner RE. Changing Message Signs DATE: July 19, 2006 Issue The City has been approached by the Tukwila School District to amend Title 19 of the Tukwila Municipal Code (TMC) to permit signs which change more frequently than once every 24- hours. The School District proposes to install an electronic message center at Foster High School. Planning Staff briefed Community Affairs and Parks (CAP) on April 25, 2006. CAP referred the matter to the Planning Commission and on May 25, 2006 the Planning Commission conducted a Public Hearing. On June 22, 2006, the Planning Commission closed the Public Hearing and made a recommendation to the Council. Analysis of Existina Code Title 19 of the TMC regulates all types of signage in the City Unless specifically listed as exempted, a sign permit is required for all types of signs that are discernable from adjacent properties and the City's rights of way (TMC 19 12.010). Any permanent signs, either freestanding or wall sign are required to have a sign pem lt. In all commercial and industrial zones most businesses, if they qualify, can have two signs. The business can choose from two wall signs or a freestanding and wall sign. The City applies different development standards for signs located in residential zones. Under TMC 19.32.080 churches, schools, public facilities, and conditional uses may have one sign for every street they front. No sign may be greater than 50 square feet in size. The sign may either be a wall or freestanding sign. Any use in the City may have an electronic message center as part of the sign. However, under TMC 19.08.030, if the sign changes more frequently than once Brandon -M Page 1 07/19/2006 Q: \Sign\School District\CC \COW STAFF REPORT.doc 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206 431 -3665 every 24- hours, the sign would be considered an animated sign. Animated signs are strictly prohibited in the City (TMC 19.28.010). Tukwila School District has proposed an electronic message sign that would change copy more than once every 24 -hours and thus would not be permitted in the City Discussion Tukwila's land use regulations attempt to minimize impacts within residential zones by restricting certain activities. All schools in the City are located in and are adjacent to Low Density Residential zoned land. Schools provide a sense of community and a gathering place for City residents. Events that occur at schools provide opportunities for Tukwila residents to interact. Placing a changing message sign, such as what the School District is proposing would allow the District to advertise many events that benefit the community The City limits many activities that occur within residential zones. Most commercial operations are excluded, home occupations are permitted but under very specific conditions, and almost all non residential uses that may locate in residential zones require a Conditional Use Permit (CUP). Options Planning Staff presented these options regarding this issue to the Planning Commission at the May 25, 2006 meeting. These options are similar to the ones that were presented to CAP at the meeting on April 25, 2006. 1 No Action. The Planning Commission could choose to take no action, in which case the proposed sign, if erected, would be limited to no more than one message change per day No flashing, blinking, scrolling or other message movement would be allowed. The School District has indicated that they would not construct the sign under these circumstances. 2. Modify the definition of "animated sign The definition could be modified to allow changing messages more frequently than once every 24- hours. The Planning Commission could also consider relaxing restrictions on flashing, scrolling or other effects. Any modification to the definition would apply citywide. 3. Exemption for community event announcements. Brandon -M Page 2 07/19/2006 O: \Sign \School District\CC \COW STAFF REPORT.doc 3A. Allow any otherwise permitted sign within the City to display changing messages but limit the message to public service announcements. For example, the City of Lacey allows public service signs to have changing message signs. "Public service signs in the form of changing message center signs may be permitted. However, the changing message center signs shall not be used for commercial purposes, such as to advertise a product, service, or use. Messages will be strictly limited to public information regarding activities, events, time, date, temperature, atmospheric condition and news of interest to the general public. Said signs shall be limited to the type, size, shape, and location specked for the zoning district in which said signs are located' 3B. Allow only public facilities to have changing message signs. This would allow the school district to construct a changing message sign. It would also allow for all schools, libraries, and City buildings such as City Hall and the Community Center to have a changing message sign. The term "public facility" is defined in TMC 19.08.175 to mean any facility funded with public funds which provides a service to the general public, including but not limited to a public school, public library, community center, public park, government facility or similar use. Most of public facilities are located within residential zones. Staff has provided an attached map which shows all schools, City facilities, libraries, and utility district offices within the City The City currently exempts changing message signs limited to "time, date and temperature" from the City's animated sign prohibition. The City could extend this exemption to also allow changing messages relating to "community events or announcements" It should be noted that the courts have been increasingly critical of govemment sign regulations that base privileges or restrictions upon the content of the message. 4 Eliminate prohibition of animated signs. The Planning Commission could recommend the prohibition against animated signs for the entire City being removed. Plannino Commission Recommendation The Planning Commission chose to pursue option 3B and allow public facilities to be permitted to have changing message signs. Brandon -M Page 3 07/19/2006 Q:1SignlSchool District \CCICOW STAFF REPORT.doc Attachment "A" is the proposed ordinance and is in legislative format. New language that will be added is shown underline and deleted language is shown as s trikoth roug h, Modify TMC 19.04.020 to add the following purpose clause: 2. The City desires to provide sign options that encouraae public agencies to communicate with members of the public. Add language to the definition of animated signs (19.08.030): "Animated sign" means any sign or portion or which physically moves, appears to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or which appears to move toward or away from the viewer, to expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portrays movement or animated at a frequency more rapid than once every 24 hours. Signs or portions of signs displaying a changing message content that is strictly limited to time, date, or temperature or those permitted under TMC 19.32.300 shall not be construed to be animated. Scoreboards shall not be considered to animated signs. Add the following section to 19.32 `Regulations Based on Land Use Categories" TMC.19.32.300 "Additional Sian Regulations for Public Facilities" A. Signs located at public facilities which meet the criteria of TMC 19.32.080 mav use the sign as a chanoina message sign. provided the following: 1 The image on the sian mav not change more freauentiv than once every ten seconds. 2. The image must appear and disappear as one imaoe. The imaoe mav not appear to flash. undulate. pulse. or portray explosions. fireworks. flashes of light. or blinkina or chasing liahts. or appear to move toward or away from the viewer. to expand or contract. bounce. rotate. spin. twist. scroll. travel or otherwise portray movement. 3. If the public facility is located within a residential zone the use of the electronic portion of the sign is limited to the hours of 7am to 10pm. (Note: Any electronic sign in the City must meet the illumination and brightness levels set in TMC 19 16.035). B. Notice of Understanding 1 Anv public facility that installs and operates a chanoina message sign must submit a letter to the Department sianed by the appropriate manager /administrator that notes understandina of the above requirements Brandon -M Page 4 07/19/2006 Q:\Sign \School District\CC \COW STAFF REPORT.doc and a assurance that the sign will be used in the appropriate manner as stated in section 19.32.300 (A) (1 -3). C. Order of Removal 1 The Director of Cornmunity Development shall order the removal of anv sign constructed pursuant to TMC 1932.300 if the sion is used in such a wav to violate the provisions of this chapter. D. The language codified in TMC 19.32.300 shall sunset exactly one year from the effective date of the ordinance. Any public facility, which installs and operates a changing message sion must continue to comply with TMC 19.32.300 (A)(1 -3) for the life of the sion and will be considered a non conforming sion and subiect to the limitations in TMC 19.30. The Planning Commission recommended approval of the proposed code language in a 5-1 vote. Altematives Any of the actions listed under the "Option" section of this Staff Report are available. Next Step Set a date for a public hearing. Brandon -M Page 5 07/19/2006 Q:\Sign \School District\CC \COW STAFF REPORT.doc Li El AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1274, 2019 AND 2096, AS CODIFIED IN TUKWILA. MUNICIPAL CODE TITLE 19, 'SIGN CODE," TO EXPAND THE PURPOSES OF THE SIGN CODE, AND TO CREATE ADDITIONAL SIGN REGULATIONS FOR PUBLIC FACILITIES; ESTABLISHIHNG A SUNSET PROVISION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide public agencies sign options to allow them to communicate with members of the public; and WHEREAS, the City Council wishes to regulate certain types of signage Located at public facilities; and 'WHEREAS, the City Council desires to update the Sign Code by addressing signage in certain zones where signs are typically not found; and WHEREAS, the City Council desires to increase public cafety and minimize driver distractions; and WHEREAS, on May 25, 2006 and June 22, 2006 the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Sign Code; and on June 22, 2006 adopted a motion recommending the proposed changes; and WHEREAS, on August 7, 2006, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 1274 §1 (part), as codified at TMC 19.04.020, "General Provisions: Purposes,' is hereby amended to read as follows: 19.04.020 Purposes The purposes of this code are: 1. To establish standards and guidelines for the design, erection and installation of signs and other visual communication devices so that the streets of Tukwila may appear orderly, and safety may be increased by minimizing clutter and distraction. 2. To provide sign options that encourage public agencies to communicate with members of the public. lk C \Doav'.sr. zed Settlings L: rss D cp \Ky \N DA MO LL- Cc4 a oc BMLan 7122006 Page 1 of 3 3. To establish administrative procedures for the implementation of this code. 4. To assure that 'the regulations of this code are not intended to permit any violation of the provisions of any other applicable federal, State or local regulation. Section 2. Ordinance Nos. 1274, 2019 §1, and 2096 §1 (part), as codified at TMC 19.08.030, "Definitions: Animated Sign," are hereby amended to read as follows: Animated sign" means any sign or portion of which physically moves, appears to flash, undulate, pnlre, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or which appears to move toward or away from the viewer, to expand or contract, bounce, rotate, spiny twist scroll, travel or other +ise portrays movement or animation at a frequency more rapid than once every 24 hours. Signs or portions of signs displaying a changing message content that is strictly limited to time date or temperature, or those permitted under TMC 19.32.300, shall not be construed to be animated. Scoreboards shall not be considered animated signs. Section 3. TMC Chapter 1932, "Regulations Based on Land Use Categories,' is hereby amended to include additional sign regulations for public facilities, as follows: 1932300 Electronic Message Boards A. Signs located at public facilities that meet the criteria of TMC 19.32300 may use the sign as a changing message sign, provided that the following criteria is also met 1. The image on the sign may not change more frequently than once every ten seconds. 2. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement 3. If the public facility is located within a residential zone, the use of the electronic portion of the sign is limited to the hours of 7AM to 10PM. B. Notice of understanding. Any public facility that installs and operates a changing message sign must submit a letter to the Director of the Department of Community Development, signed by the appropriate manager /administrator, which notes understanding of the above requirements and an assurance that the sign will be- used in the appropriate manner as stated in TMC 19.32300(A)(1 -3). C Order of Removal: The Director of Community Development shall order the removal of any sign constructed pursuant to TMC 19.32300 if the sign is used in such a way that violates the provisions of this chapter. D. The language codified in TMC 19.32.300 shall sunset exactly one year from the effective date of the ordinance that adopted the code language. Any public facility that installs and operates a changing message sign must continue to comply with TMC 19.32300(A)(1 -3) for the life of the sign, and will be considered a non conforming sign and subject to the limitations in TMC 19.30. Cw and \AR L= \D- _Ytop\Xc?ly\ISSDATA\O :w \Sp Codedx sva. 7PRX36 Page 2 of 3 Section 4. Severability. If any section, subsection, paragraph, sentence, dansr 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 QTY 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 Clerk Filed with the Qty Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C\rbcw�.aG and Seffi, \AR *Ts\D&p \_°ylMSDAT lOrdP'ncesISf:gt 4dadcc Bev 711276 Page 3 of 3 Cap rn'&w i es 445-04 4. Foster High School Sign Proposal. Scott Erdahl, Athletic Director for the Tukwila School District, presented the school district's proposal to replace the existing reader board in front of Foster High School with an electronic message center sign that would )(e likely have display capabilities that exceed the allowances of the Tukwila sign code. A new electronic reader board would allow the District to display multiple messages about school and community activities. The District is receptive to limiting operating times of the LED board to certain hours of the day and limiting animation and flashing background displays. Mr. Lancaster confirmed that the TMC 19.28.010(3) sign code prohibits "animated signs" and the proposed Foster High School sign would be considered an "animated sign" if operated in a manner that causes the electronic message to flash, blink, scroll or otherwise portray movement, or if any message other than time/date/temperature changes more than once every 24 hours. However, if the committee is interested in considering the School District's request, staff recommends the issue be referred to the Planning Commission for review and recommendation. The Committee members discussed various concerns about the sign impacting adjacent residences, vehicle and pedestrian traffic, and what kind of a precedent it would set for other schools and businesses who may want to be allowed to have electronic signs. Mr. Lancaster several alternatives for the committee to consider. One of the options could be to recommend an exemption for community event announcements. This exemption could be applied to all signs or could be limited to specific land uses such as public schools and public recreation facilities. Other options could include modifying the definition of an "animated sign" or exempting electronic message centers, but continue to prohibit flashing, streaming, video quality display signs. After considerable discussion of the various options, the majority of the committee members recommended the issue be forwarded to the Planning Commission for their review and recommendation. The Planning Commission will conduct a public hearing and forward their recommendation to the City Council. Jmh Committee Chair Approval Minutes Prepared by Joan Hernandez j PLANNING COMVIISSION PUBLIC HEARING MINUTES MAY 25, 2006 The Public Hearing was called to order by Chair Ekberg at 7:00 PM Present: Chair, Allan Ekberg, Vice Chair, George Malina, Commissioners, Bill Arthur, Lynn Peterson, Chuck Parrish. Absent: Commissioners Margaret Bratcher and Henry Marvin Representing City Staff: Steve Lancaster, Nora Gierloff, Brandon Miles, and Wynetta Bivens BILL ARTHUR MADE A MOTION TO ADOPT THE WORKSESSION MINUTES AND THE PUBLIC HEARING MINUTES FROM MAY 25, 2006. GEORGE MALINA SECONDED ME MOTION; THE MOTION WAS UNAt \7\i MOUSLY APPROVED. Chair Ekberg swore in those wishing to give public testimony PLANNING CONL IISSION CASE NUMBER L06-030 APPLICANT City of Tukwila REQUEST Modification of chapter 19 of the Tukwila Municipal Code (TMC) regarding changing message signs at Public Facilities within the City LOCATION: Citywide Commissioner Arthur gave a public disclaimer that he received an e -mail from Steve Lancaster, Director, Department of Community Development. Commissioner Arthur stated that the appearance of the e-mail was different than what he would normally receive from Mr. Lancaster. Commissioner Arthur called Mr. Lancaster and inquired whether the e-mail was from a third party After receiving confirmation that the e- mail was from a third party, he informed Mr. Lancaster that he was going to delete the e-mail. He said, for the record, that he does not open., receive, or read unsolicited e- mails. Commissioner Arthur also talked about the rules, procedures and policies that the Planning Commission practice. Mr. Lancaster responded to Commissioner Arthur's comments and gave clarification on what transpired. He stated that the e-mail he sent to Commissioner Arthur was also forwarded to all of the Planning Commission members for whom staff has an e -mail address. Mr. Lancaster forwarded the information to one Planning Commission member whom staff does not have an e -mail address for by mail. He explained that the matter was legislative and that he should have been clearer in communicating that to the Planning Commission members. Other Planning Commission members acknowledged that they too had received the e -mail, and that it addressed a legislative matter, concerning a case that was on the 5/25/06 agenda. CASE NUMBER: L06 -030 APPLICANT City of Tukwila REQUEST. Modification of Chapter 19 of the Tukwila Municipal Code (TMC) regarding changing message signs at Public Facilities within the City LOCATION: Citywide Plannine Commission Minutes May 25 Page 2 of Brandon Miles, Planner, Department pf Community Development, gave a presentation on the proposed project. Mr. Miles provided some background and answered numerous questions. Staff requests that the Planning Commission provide direction in regards to a possible Sign Code amendment, after conducting a public hearing. Staff has provided four options: 1. No Action. 2. Modify the definition of "animated sign" 3A, 3B Exemption for community event announcements. 4. Eliminate prohibition of animated sign. The options were listed in detail in the 5/25/06 package. Mr Lancaster provided some additional information on the last paragraph in option 3A and 3B, which reads `It should be noted that the courts have been increasingly critical of government sign regulations that base privileges or restrictions upon the content of the message.' Mr. Lancaster explained that the courts almost look at these kinds of cases as highly suspect and that they take a very careful and close look with almost a presumption that it could be a constitutional problem. Therefore, he urged the Planning Commission to be a little cautious, suggesting possibly limiting allowing signs that have public service kinds of announcements, to not be subjected to the same regulations as signs that provide a general message. Mr. Lancaster stated that option 2 would be on quite safe ground and staff could support that. He stated that option 4 is pretty radical from past practices, but staff could support it. BM Van de Bogart, School District Business Manager, gave the presentation for the applicant. Mr. Van de Bogart addressed the matter concerning the e-mail that Mr. Lancaster forwarded to the Planning Commissioners. He stated that he wanted to get the information to the Commission in advance, to provide them time to read the school districts request. Mr. Van de Bogart said their mission is very clear to work with the parents and teach the children the very best that they can. They struggle with how to communicate with the multi languages in the community He gave a PowerPoint presentation, showing a picture of the existing sign and the new proposed sign, calling the old sign worthless because it is time consuming to change and unfeasible to change in several different languages. The proposed sign would change to several different languages to reach the children. Mr. Van de Bogart answered numerous questions. Kathy Znak, a citizen, expressed her concerns regarding the accident probability for non english speaking people in the community trying to fmd something in their languages. She suggested that a traffic study is done. REBUTTAL: None. ADDITIONAL COMMENTS: Mr. Lancaster asked the Planning Commission, "If the applicant's request was accommodated how broadly do you want to accommodate it?" After extensive discussion, the Planning Commission determined they needed some additional information in order to make a decision. Staff needs to follow up on the following: 1. Check with the City Attorney to see if allowing what is otherwise a static sign to change to different languages permissible? 2. Provide additional information on brightness. 3. What are the variances of frequency for the changing message sign? 4. What would be a good timeframe for allowing_ animation? Planning Commission Minutes May 25 Page 3 of 4 i\Ir. Lancaster suggested that the Commission take a look at what other Cities are allowing. Mr. Lancaster stated that his goal is to bring back to the next meeting, a proposed ordinance for the Planning Commission to look at. There was discussion on possible legal ramifications if a decision is challenged. The simplest thing would be to apply whatever decision the Planning Commission makes across the board to any legal sign in Tukwila There were no further comments. Chair Ekberg continued the case to the June 22, 2006 Public Hearing. CASE NUMBER L06 -023 APPLICANT City of Tukwila REQUEST Creation of a `Wireless Telecommunications Chapter" within the City's Zoning Code. The chapter will regulate the placement and operation of wireless communication facilities. The chapter will provide guidance on where such facilities can locate in the City, development standards, approval process, and exception criteria. LOCATION: Citywide Brandon Miles, Planner, Department of Community Development, gave the presentation for staff. Mr. Miles facilitated discussion on the seven areas of the ordinance as listed in the May 10, 2006 Staff Report to provide the Planning Commission the opportunity to incorporate any revisions. The next step will be for the Planning Commission to forward a recommendation to the City Council for consideration. Commissioner Parrish raised the question whether staff had discussed the proposed purpose and intent with the IT Department and Council Member Haggerton. Staff stated there has been discussion with Councilmember Haggerton and that he has not provided them with any input at this time. There have also been informal conversations with other Cities and departments. Suggested Revisions: Item 1: Purnose and Intent: 4 Remove the word `adequate' Item 2: Exemptions: 2 Revise language Item 3: Definition 9 (this section already exist in the Zoning Code, however, it will be amended in order for Planning and PTV to have the exact definition) Take a look at Black's Law dictionary for the definition of Rights of Way -10 Correct misspelled word. Item 4: Permit Review Matrix Staff was asked to return with a recommendation regarding the benefits, risk, and cost of changing Type 3 decisions to Type 2 decisions. Staff will return with some good design standards for Utility Pole Co- Location Possibly changing from a Type 2 decision. Mr. Lancaster made the request that very very clear design standards should be in place if it's a Type 2 decision. One possibility is that it has to be a metal pole with all of the Planning Commission Minutes May 25 2006 Page 4 of cables concealed inside the pole to be a Type 2. If this guideline is not feasible, the decision type bumps up to a higher level. Staff shall provide a recommendation for the following option: If there are no design standards and the utility pole co- Location is changed only in a residential area, should it be a Type 4 decision? Kathy Johnson, a Wireless Provider Consultant, provided some insight regarding utility poles because there has been a bit of contention. Wood poles are preferred by the utility providers because of the time involved in designing and engineering steel poles capable of holding the antennas. Most in the community find the wood pole less intrusive in the area and there are ways to mount the antennas around them. Ms. Johnson offered to bring in some pictures for the Planning Commission to review Ms. Johnson also offered to arrange to have a RF Engineer come with her, to speak at the next Planning Commission meeting. Item 5: New Mononoles: The following sentence should be incorporated in the draft policy Any new monopole within the City will be required to allow co- location of other providers who wish to locate on the facility' Incorporate language for a certain amount of growth to support co-locations. Draft Ordinance Revisions: Page 3, letter b. Sentence needs to be modified Page 3, Type (table) Numbers need to be consistent in table in both the draft and the Staff Report Page 5, No. 4 Parking Modify language Page 5, No. 4 Antenna Intensity— Modify language `Feed lines and coaxial cables shall be attached securely and appropriately to one of the transmission towers Page 6, No. 2 Antennas Aesthetics Modify Language The screening must be made out of the same material and match the color scheme' Mr Miles recommended that the public hearing is continued and that staff return with additional information. There were no further comments. REBUTTAL: None. Chair Ekberg continued the case to the June 22, 2006 Public Hearing. Director's Report: Update on mall construction Sound Transit Light Rail project going on Update on Tukwila Station project Chair Ekberg asked for an update on the Klickitat project Meeting adjourned at 9:50 PM Submitted by Wynetta Bivens Secretary Adopted 6/22/06 PLANNING COMMISSION DRAFT PUBLIC HEARING MINUTES JUNE 22, 2006 The Public Hearing was called to order by Chair Ekberg at 7:00 PM Present: Chair, Allan Ekberg, Vice Chair, George Malina, Commissioners, Margaret Bratcher, Bill Arthur, Lynn Peterson, and Chuck Parrish. Absent: Commissioner, Henry Marvin Representing City Staff: Steve Lancaster, Brandon Miles, Sandra Whiting, Cyndy Knighton, and Wynetta Bivens COM ?IISSIONER ARTHUR MADE A MOTION TO ADOPT THE PUBLIC HEARINNG MINTJTES AS MODIFIED, FROM JUNE 22, 2006. COMIMIISSIONER BRATCHER SECONDED THE MOTION; I'HE MOTION WAS UNANIii%IOUSLY APPROVED. Steve Lancaster, Director, Department of Community Development, introduced Cyndy Knighton. Cyndy Knighton, Senior Traffic Engineer, Public Works, gave a PowerPoint presentation on the Klickitat Project, which is a significant project for the City Cyndy provided some background from the beginning of the project, listing the goals that the City identified and wanted to accomplish. A study was done to determine what could be done to the area, which resulted in the establishment of the alternative 3B concept. Due to concerns from some consultants that the design wasn't the most feasible to construct, the City came up with the idea of a design competition. HMTB Corporation was awarded the contract and came up with the current design. The City strongly believes the design has a lot of potential for an award winning design and construction. Ms. Knighton shared many details of the project, and then answered questions. Mr. Lancaster also introduced Sandra Whiting. Sandra Whiting, Urban Environmentalist, Department of Community Development, gave a PowerPoint presentation on the wetlands mitigation, which she has already presented to the City Council, whom the program was endorsed by She provided some background on the program. It has been determined that on site mitigation is not always practical and that off site mitigation might be a better solution. Part of the project is to take a look at what areas could be used as mitigation sites. The objective of the program that was developed is to help facilitate development for smaller developers. It would offer alternatives to on site mitigation by providing some ideas where off site mitigation in Tukwila can occur. In addition, it would provide increased environmental projects and increased wetland functions. Chair Ekberg swore in those wishing to give public testimony PLANNING COMMISSION CASE NUMBER. L06 -034 APPLICANT Cingular Wireless REQUEST The applicant is requesting approval of a Conditional Use Permit (CUP) to modify an existing wireless communication facility, which will be located on an existing City Light transmission tower. The antennas will be located on the top of the transmission tower. In order to meet minimum clearance from the high voltage electrical lines, the existing tower will be extended five feet in height. Planning. Commission Minutes June 22, 2006 PaQC 2 of 6 The associated ground equipment will be located directly below the transmission tower in a 400 square foot enclosure. A chain -link fence with barbwire will enclose the 400 square foot enclosure. The enclosure will include a 256 square foot concrete pad where the cabinet equipment will be located. LOCATION: City Light transmission tower, adjacent to the United States Postal Facility and State Route 99 King County Parcel Number 042304 -9130. Commissioner Arthur made a declaration that his adult daughter that lives with him works for Cingular Wireless. He stated he did not believe the relationship would have any bearing on his objectivity There was no objection to Commissioner Arthur hearing the case. Brandon Miles, Planner, Department of Community Development, gave a PowerPoint presentation on the proposed project. As a result of the merger between AT &T and Cingular Wireless, a lot of the sites need to be upgraded to accommodate both networks. The maximum height in the MIC/H district is 125 feet. The applicant is proposing that the antennas have a height of approximately 153 feet. This type of application does not trigger compliance with the height requirements because it does not trigger a building permit, since it's on City Light's transmission tower. There is no impact to pedestrians. The need to move the antennas is a City Light safety requirement, to make it safer for their employees to service the line. There was a question raised regarding FAA lighting, which Mr. Miles deferred to the applicant. Staff recommends approval of the Conditional Use Permit, as presented, with one condition: 1. All equipment attached to the City Light Transmission tower shall be painted to match the color of the tower. Sara Telschow, for the applicant, Realcom Associates, addressed the question raised regarding FAA lighting. There is no FAA lighting proposed for this project since it is only increasing by five feet in height. The applicant agrees with staff's condition; however, Ms. Telschow explained that it is very difficult to maintain paint on coaxial cables, therefore, requested that it not be a condition to paint them. REBUTTAL: Staff stated that if FAA lighting is necessary as a result of the proposed application, they will address it and determine if it needs to come back to the Planning Commission. There were no further comments. The Public Hearing was closed. The Planning Commission Deliberated. CHAIR EKBERG MADE A MOTION TO APPROVE THE CONDITIONAL USE PERMiEIT FOR CASE NUMBER L06 -034 WITH STAFF'S FI\PLNGS, CONCLUSIONS, AND RECOMMENDATIONS, AND THE ONE CONDITION TO READ: 1. ALL EQUIPMENT ATTACHED TO THE CITY LIGHT TRA\S\IISSION TOWER SHALL BE P_ALNTED TO MATCH PHE COLOR OF 1'Hr; TOWER, WITH THE EXECPTION OF THE CO -AXIAL CABLES, WHICH SHALL MATCH THE EXSTLN'G CO- AXIAL CABLES ON THE SITE. COILZIISSIONER ARI'HGR SECONDED THE MOTION; THE MOTION WAS UNANLMOUSLY APPROVED. Planning Commission Minutes June 22,2006 Page 3 of 6 Chair Ekberg asked staff to come back to the Planning Commission some time in the future with some ideas on how the FAA is engaged in lighting situations and who may be responsible for such situations. Steve Lancaster provided some information on what the process is if the FAA needs to be, or is involved in, situations where lighting is necessary Prior to opening the public hearing on case number L06 -030, Chair Ekberg called a recess. The Planning Commission and Staff gathered outside to look at the proposed electronic message board that the applicant had available for them to view. 5 -25 -06 PUBLIC HEARING CONTINUED: CASE NUMBER. L06 -030 APPLICANT City of Tukwila REQUEST Modification of Chapter 19 of the Tukwila Municipal Code (TMC) regarding changing message signs at public facilities within the City LOCATION: Citywide Brandon Miles, Planner, Department of Community Development, gave the presentation for staff. He provided background on the May 25` public hearing. At the May 25 public hearing, staff briefed the Planning Commission on a proposal from the Tukwila School District. The request was for modification of the Sign Code, to allow changing message signs at Foster High School. The school district's main reason for the sign is to display important messages to students and parents in multiple Languages. Following the May meeting, the Planning Department spoke with the Parks Department concerning what needs they may have for this type of sign. The Parks Department indicated that such a sign could be used at the Tukwila Community Center to advertise events. Staff did some additional research on safety impacts for these types of signs. However, the Staff Report showed inconclusive either way regarding safety impacts from these signs. Information was mostly geared toward highways. Staff has provided a Draft Ordinance (Attachment A 6/22/06 Planning Commission packet) with the following proposed changes: 1. Modify TMC 19.04.20 to add the following purpose clause: The City desires to provide sign options that encourage public agencies to communicate with members of the public. 2. Add language to the definition of animated signs (19.08.030) Animated Sign: Following temperature add `or those permitted tinder TMC 19.32.300' Additional sign regulations for public facilities 19.32.300 Electronic Message Boards A. Signs located at public facilities, which meet the criteria of TMC 19.32.300, may use the sign as a changing message sign, provided the following: 1. The image on the sign may not change more frequently than once every ten seconds. 2. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse, pothay explosions, fireworks, flashes of light, blinking or chasing lights, Planning Commission Minutes June 22, 2006 Page 4 of 6 appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. 3. If the public facility is located within a residential zone, the use of the electronic portion of the sign is limited to the hours of 7 am to lOpm. B. Notice of understanding: 1. Any public facility that installs and operates a changing message sign must submit a letter to the Department of Community Development, signed by the appropriate manager /administrator that notes understanding of the above requirements and assurance that the sign will be used in the appropriate manner as stated in section 19.32.300 (A)(1 -3). C. Order of Removal: 1. The Director of Community Development shall order the removal of any sign erected pursuant to TMC 19.32:300 if the sign is used in such a way as to violate the provisions of this chapter. Staff's Recommedation: Planning Staff recommends that the Planning Commission conclude the public hearing that started at the May meeting and that the proposed changes listed in the Draft Ordinance be forwarded with a recommendation of approval to the City Council. Alternatives: The following alternative actions are available to the Planning Commission: 1. Continue the public hearing at the July meeting and request additional information from the Planning Staff. 2. Any of the proposed alternatives which were listed in the May Staff Report (Attachment B). Steve Lancaster, Director, Department of Community Development, addressed the issue of proposed alternatives. He indicated that, based upon the testimony and discussion at the Planning Commission's May 25 meeting, staff believed it was the Commissions desire to pursue an altemative allowing electronic message boards to be displayed by public facilities. He indicated that the other options outlined in the staff reports are still in play, and that it is up to the Commission to decide what it wants to recommend to the City Council. There was additional discussion regarding the proposed ordinance language and its effect. Commissioner Peterson expressed concern about the perceived change in the color of the electronic message as one travels past the sign. He asked if that would violate the restriction against the image changing more frequently then every 10 seconds, or be used as precedence allowing messages to change more frequently Mr. Lancaster indicated he would not interpret the proposed language to create such a problem. Bill Van De Bogart, with the Tukwila School District, addressed questions concerning color and how the image on the sign would change, he stated that all of the letters would change to amber. Mohammed Hassan, a citizen, was in favor of the message sign for communication, in multiple languages in the community REBUTTAL: None. Planning Commission Minutes June 22, 2006 Page 5 of 6 There were no further comments. The Public Hearing was closed. The Planning Commission Deliberated. Although they expressed some concerns, the majority of the Planning Commissioners stated their support for the project. Commissioner Arthur expressed concern over the proposed Code Amendments, indicating his opinion that the disadvantages of such changes outweigh the benefits. He indicated that throughout his tenure on the Planning Commission, the Planning Commission has attempted to minimize visual clutter and especially to limit such intrusions in neighborhoods. He believes this proposal would take the sign code in a different direction. He also expressed concern about treating public facilities differently from commercial uses. Chair Ekberg proposed looking at each item in the proposed ordinance individually to see if there were any changes. Several possible modifications were suggested. One suggestion was to specify that there could be "no perceived color change" on a message center. Chair Ekberg re-opened the public hearing at 9:33 pm in order to allow Commissioner Parrish to ask the applicant to address color and the language proposed by Chair Ekberg. Jacob Tilton, employed by a manufacturer electronic message center, stated that brightness or intensity would technically change the color of the text. He provided explanation of why the color appears to change even when the letters are all the same color. However, he has never had any experience with the color spectrum being an issue. Mr. Tilton recommended that the Planning Commission avoid anything that related to the actual message or the color of the text. He suggested focusing on the style or the timing issue, stating you should be able to read the full message in the time it takes to drive by once. The amount of time allowed for the image to change also dictates the size of the sign. If the sign is not large enough to include the entire message, then it's ineffective. ivfr. Tilton usually recommends one second per line of text because that's how quickly we can read and process data. Mr. Lancaster asked the Commission for clarification of their concern regarding the change in color when walking back and forth, while viewing the sign that was on display He stated that he could not support a clause that reads the perception in color cannot change, due to the extreme difficulty of enforcing such a request. There were no further comments. The re -opened Public Hearing was closed. The Planning Commission deliberated. It was determined that the prohibition against "perceived color change" should not be part of the ordinance. Chair Ekberg suggested a `Sunset Clause' (Item D) to read 'This ordinance change would sunset one year from date of implementation' Planning Commission Minutes June 22, 2006 Page 6 of 6 As explained by Mr. Lancaster, the proposed amendment would go away after one year if the City took no action and no new signs meeting these standards would be allowed. Existing signs that were lawfully erected under these provisions during that one year period would fall under section 19.300.30(a) and would be allowed to continue indefinitely as long as it is not destroyed to more than 50% of it's value. If so, it would need to be removed: No changes could occur to the sign as technology changes. The proposed new regulation could be reviewed a year later in lieu of a Sunset Clause. CHAIR EKBERG MADE A MOTION TO APPROVE THE ORDINANCE AS PRESENTED BY STAFF WITH THE MODIFICATION THAT THE ORDINANCE SHALL SUNSET IN ONE YEAR. COMMISSIONER PARRISH SECONDED THE MOTION. FIVE VOTED IN FAVOR AND COVLIILSSIONER ARTHUR VOTED AGAINST. CHAIR EKBERG MADE A MOTION TO CONTINUE CASE NUMBER L06 -023 TO THE 7/27/06 PUBLIC HEARING. CONE IISSIONER MALINA SECONDED THE MOTION. ALL WERE IN FAVOR. Director's Report: Update on Sound Transit 1. Looking at doing a study of running light rail from Burien to Renton and potentially further East. 2. Full finding for completion of the sounder station at Longacres. 3. A proposal to make street and traffic improvements for access from the Eastside. 4. Provide shadow service for the Sounder bus services to connect the stations outside of the hours the trains are running. 5. Increase Sounder services up to 9 trips each direction. The City supports all of the proposed projects. Mall project update Meeting adjourned at 10:10 PM Submitted by Wynetta Bivens Secretary Public Facilities Eligib_le fo_r a,,,Cp. g Message Sign ,-I asaggr• m t P W ar c N__ J -ft ftl lim VI a rk. iii wine-ft-swats% i item mu.s. 1 it a A q \vr 1 niaTW j 2 'twi 4 jA, t 11 N''■_‘,.___Are Ns. 4 1 4 ‘,.‘tarc i a'aloPPart S ALL tic ta kibt =0441,10 tail,_ teratuls 2 i eret taTha S2= 1' 1 v. i it I .E.11_ i■ se i 1 -11.1" MislifirarIP--: \ss c k Rt 't "Maar a dufr., 4 a-4 1 0 em tb-w-. 1 1.1t(--4- -11 r t-- ...i_ 1 m Fram, e 1 I e.4 ••••-..E i "nu-- ---sisv 1 a reb VIIIIIT 4 s ar .111 r 'E 1 Al •er', aarESu Nit V ii r i a t it la 1------ MI-7,.- s 7 Ilk ftur-rairmili= ..7--•••• 1 ii vam. at All; le _M_NiAm_n_nr. ear 4.1 init 1 wt h 1----sawii I z yili• ill iii. a t .„-,_m_zsgia rt..„=„--\ k ,tit I th i ri -411:3U grae.A1 I -Eam ult F, II i llbik LH VIIIII- a7 ini R tot t tea in I I .r". irl 1110 1.4 ;I _IL-_,,- Ft 0,, svistullammagrar tt 1 1 i m ii l i r 1 I 1 1 1-1711- 1:■\;\ 1 I II li Wi liwarrlar so all 11 L dr.- /1 --../I WrLikk .1 II i I I lir 1 k 1_ •Tr :.-4—s. 7 A all 0 ijS a 4 Li LE 1 i r L••-_e_.-- „sr aillelair L d .•.'WSWM 1 4 f Z2 at i \r rilztUnm n- in _Mil _4.iir...... 44 f r t .,..t HI It H n i-,,,.. 1 1 m a f ti. 1 Mil 0 COUNCIL AGENDA SYNOPSIS O sZ Initials ITEiTNo. ,0 101 1 AIeelirz Dal: 1 Pn-- par -Jay ala nu Inv Com; :i /rnitw y N y 2.;, I 07/24/06 KAF 1 i 0 I 1 i I I /I rsoa b 1 1 (r ITEM INFORMATION I CAS NUMIBIER: 06-084 IORICIN :\I. AGENDA D1TR: 7/24/06 1GIi \D.1 ITEM TED.R Public /private partnership to exchange real property with Fountain Park LLC to facilitate the future extension of Strander Boulevard and mixed -use transit oriented development (TOD) near the Sounder /Amtrak Station C.ITRGOIt\ Disaurion I Motion Resolution Ordisan:z Bid Award Publi: Hearing Other .11tg Dale 7 /24 /0q;ur Date Mt3 Dale 3fts Date Aftg Date AN Date AN Date SPONSOR Council Major Arlin Svcs M DCD Finance Fire Legal P&R Police PRY SPONSOR'S Fountain Park LLC plans to construct a mixed -use development (Tukwila Station) SUMMARY consisting of approximately 5,000 square feet of retail space and 300 residential units. By way of background, on April 4, 2005 the City Council authorized executing a development agreement and land exchange with Pacific Commercial Properties (PCP) that mirrors the current proposal. RE\'R Bl COW \Itg CA &P Cmte El F &S Cmte Transportation Cmte utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 7/17/06 RECOMMENDATIONS: StuNSOR /AUVIN. Discuss and forward to the next regular City Council meeting Co\IUI7"rEE Forward to COW for review and discussion COST IMPACT FUND SOURCE ESI'I ?NDI'I'GRI? RI QUIRIil) AMOUNT BUDGETED APPROPRIATION REQUIRED 1 50 50 50 I Fund Source: Continents: MTG. DATE 1 RECORD OF COUNCIL ACTION 1 1 MTG. DATE I ATTACHMENTS 7/24/06 1 Memorandum to the Finance Safety Committee dated July 13, 2006 Proposed Development Agreement with Fountain Park LLC Minutes from the July 17, 2006 Finance Safety Committee meeting 1 Memorandum to the Committee of the Whole dated February 22, 2005 1 1 Minutes from the April 4, 2005 City Council meeting 1 1 r To Finance Safety Committee From. Kevin A. Fuhrer, Finance Director ({h- Date July 13, 2006 Subject: Tukwila Station Development Agreement Proposal The City once again has an opportunity to enter into a public /private partnership with a private developer This partnership would involve an exchange of real property with Fountain Park LLC in order to facilitate. 1 the future extension of Strander Boulevard, and 2. a mixed -use owner occupied residential project to be constructed within the Transit Oriented Development (TOD) area of the Tukwila Urban Center (TUC). By way of background, in early 2005 the City entered development agreement negotiations with Pacific Commercial Properties (PCP) to construct the same project as referenced in item (2) above. Following the customary legislative review process, the City Council approved the document on April 4, 2005 Near the close of the year City staff ascertained that PCP was having lending difficulties and in fact no longer had the option to purchase land from the property owner, Stuart McCleod. Consequently the term of the agreement was allowed to lapse. Following this cover memo are several items to provide a frame of reference. Proposed development agreement with Fountain Park LLC o Memo from Steve Lancaster and myself to the Committee of the Whole dated February 22, 2005 regarding the initial Tukwila Station Project and proposed agreement with PCP o Minutes from the April 4, 2005 City Council meeting. The current development agreement proposal remains substantially the same as the one approved by Council in April 2005, with the following exceptions. o addition of Section 2.4 1 requiring Fountain Park LLC to submit a bid at 110 less than fair market value for the remaining property (57' of vacated railroad) should the City hold it out for sale o addition of Section 2.13 which grants to Fountain Park LLC a renewal of the conditional use permit approved by the City on April 29, 2005 o date and corporate name have been updated throughout the agreement. As the Hotel/Motel Tax Fund 101 is the City's intemal property owner of record, this item was discussed with the Lodging Tax Advisory Committee (LTAC) at their May 9, 2006 meeting. The LTAC continues to support the development agreement proposal. In closing, I look forward to the discussion of this item at the July 17, 2006 committee meeting. DEVELOPMENT AGREEMENT BETWEEN FOUNTAIN PARK LLC AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF A MULTI -FAi 1ILY CON OMINIUM PROJECT I. PREAMBLE This DEVELOPMENT AGREEMENT "Agreement between Fountain Park LLC, a wholly owned entity of Prium Companies LLC "Fountain Park and the CITY OF TUKW LA, a municipal corporation of the State of Washington "Tukwila" or "City"), is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. II. RECITALS A. Fountain Park has a contract for purchase and sale dated March 8, 2006, to purchase property located in the City of Tukwila, King County, Washington, more particularly described as King County Tax Parcel Nos. 2423049137 and 0005800013, equaling approximately 6.2 acres. B Fountain Park intends to close on the above- referenced sale on or before October 7, 2006. C. Fountain Park desires to develop this property for a mixed -use owner occupied residential project to be constructed within the Transit Oriented Development "TOD area of the Tukwila Urban Center "TUC This development, commonly known as "Tukwila Station," will be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space. This development is more fully explained in the design schematics submitted to the City on March 16, 2005 by a prior developer. D Land uses within the TUC were adopted prior to the presence of the Commuter Rail/Amtrak Station. Tukwila is currently in the final stages of developing a new plan for the TUC that recognizes that the Commuter Rail/Amtrak Station is a transportation amenity E. The City issued a threshold determination dated April 22, 2005, and approved a conditional use and design review on April 29, 2005 These approvals shall be honored by the City and run with the ownership of the property The City has further determined that this development meets the City's concurrency standards and that impact fees shall be due at the time of permit issuance. F The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway "Strander Project'). This alternative would require the relocation of the Union Pacific Railroad "UPRR right -of -way from its Page 1 of 9 G\City Attomey\PETERPIanningiTukwila Station DA 7 -13 -doe current location to a location adjacent and west of the existing Burlington Northern right -of -way This portion of the property would be owned by Fountain Park. G. To facilitate the relocation of the IJPRR, Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. H. Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila Station site, of which approximately 36,000 square feet are subject to this Agreement. I. Thus, the Parties wish to exchange certain parcels of property for their mutual benefit. J To provide certainty and efficiency to Fountain Park and the City with respect to the development of this property, to encourage mixed -use owner occupied residential development of this property, and to ensure acquisition of property needed for the Strander Project for the City, the Parties wish to enter into this mutually beneficial Development Agreement. BASED ON THE FOREGOING, and because successful development of this site will be of long -term benefit to both Tukwila and Fountain Park, Tukwila and Fountain Park hereby agree as follows: III. AGREEMENT 1.0 Effective Date and Term. 1.1 This Agreement shall become effective upon approval by the Tukwila City Council, execution by both Parties, and proof in a form acceptable to the City of Fountain Park's ownership of the subject property not later than October 7, 2006; provided, however, that the Mayor in his sole discretion may extend this deadline to November 7, 2006, without further authorization of the City Council. 1.2 The term of this Agreement shall commence upon the Effective Date and continue for a period of ten (10) years. 2.0 Terms. 2.1 Fountain Park shall convey by statutory warranty deed to Tukwila the portion of its property (estimated to be an approximately 100 -foot strip) needed for relocation of the UPRR right -of -way, more fully described in Exhibit "B" "Fountain Park Portion attached hereto. 2.2 In exchange, Tukwila shall convey by statutory warranty deed to Fountain Park a portion of its property adjacent to the proposed Tukwila Station site, more fully described in Exhibit "A" "Tukwila Portion attached hereto. Page 2 of 9 O:': City AttomeylPETER\PlanninglTukc,vila Station DA 7- 13.doe 2.3 Fountain Park will retain a temporary easement for parking purposes on the Fountain Park Portion, in a form substantially similar to the attached Exhibit "C" ("Fountain Park Easement"). In utilizing the Fountain Park Easement, Fountain Park agrees to the following Indemnity and Insurance provisions. 2.3.1 Indemnity Fountain Park shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of Fountain Park, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of Fountain Park, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, Fountain Park shall, in addition to indemnifying arid holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.3.2. Insurance. 2.3.20). Fountain Park shall procure and maintain in full force throughout the duration of its use of the Fountain Park Easement comprehensive general liability insurance with a minimum coverage of S1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of Fountain Park's use of the Fountain Park Easement. 2.3.2(ii). Certificates of coverage as required by Paragraph 2.3.20) above shall be delivered to Tukwila prior to Fountain Park's use of the Fountain Park Easement. 2.4 Upon commencement of the Strander Project and any associated relocation of the UPRR tracks, the Fountain Park Easement identified in paragraph 2.3 shall terminate and be extinguished. Upon completion of the relocation of the UPRR tracks and the City's acquisition of the existing UPRR right -of -way "Union Pacific Site'), more fully described in Exhibit "D" attached hereto, the City shall convey to Fountain Park for permanent parking purposes the Union Pacific Site. The property exchange contemplated by this provision will be detailed in a formal Property Exchange Agreement that will be executed at the time the City acquires the Union Pacific Site. As part of the Property Exchange Agreement, Fountain Park shall provide the City with a bond for 150% of the estimated cost of constructing permanent parking on the Union Pacific Site. This permanent parking shall be in conformance with all applicable City regulations and shall be completed within two years of the execution of the Property Exchange Agreement. 2.4.1 Upon public notice by the City of its intent to sell the approximately 57 feet of remaining vacated UPRR right -of -way running adjacent to the Union Pacific Site, Fountain Park shall submit a bid to the City in conformance with the City's bid requirements for Page 3 of 9 G:\City Attome) +PEIERIPIanning \Tukwila Station DA 7- I3.dcc the purchase of this property Fountain Park's bid shall be no less than the property's Fair Market Value at the time the City makes the property available for sale. 2.5 The City shall exercise its best efforts to provide 180 days advance written notice to Fountain Park of the termination and extinguishment of the Fountain Park Easement. The City shall not be responsible for procuring interim parking for Fountain Park's development during the associated relocation of the UPRR right -of -way 2.6 The development is subject to the obligation of each Party to convey clear title to affected parcels. 2.7 The City shall designate in its sole discretion, and on any reasonable conditions, a portion of its property, described in' Exhibit "E" attached hereto, for Fountain Park's use as a temporary construction staging area during development of the Tukwila Station site "Staging Area In utilizing the Staging Area, Fountain Park agrees to the following Indemnity and Insurance provisions. 2.7 1. Indemnity Fountain Park shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of Fountain Park, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of Fountain Park, its agents, or employees caused or contributed thereto. In the event that Tulcwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, Fountain Park shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.7.2. Insurance. 2.7.2(i). Fountain Park shall procure and maintain in hill force throughout the duration of its use of the Staging Area comprehensive general liability insurance with a minimum coverage of 51,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of Fountain Park's use of the Staging Area 2.7.2(ii). Certificates of coverage as required by Paragraph 2.7.2(i) above shall be delivered to Tukwila prior to Fountain Park's use of the Staging Area. 2.8 Fountain Park shall hydro seed, vegetate, and otherwise restore the Staging Area to its original condition and to the reasonable satisfaction of the City upon completion of Fountain Park's use of the Staging Area. The City shall thereafter maintain the restored Staging Area site. Page 4 of 9 G: \City Acnmey\PETER\Plannme \Tukwila Station DA 7- 13.doc 2.9 Fountain Park shall extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway The construction and design standards of the sidewalk must be acceptable to the City's Public Works director. 2.10 The details of the property exchange are set forth in a separate Property Exchange Agreement, which is incorporated by this reference as if fully set forth herein. 2.11 This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City 2.12 This Agreement supersedes any and all other Development Agreements related to the property that is the subject of this Agreement. 2.13 Fountain Park's development shall be consistent with the approvals granted by the City's Planning Commission and Board of Architectural Review dated April 2005 The conditional use permit approved by the City on April 29, 2005, is renewed. 3 0 General Provisions. 3 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 Fountain Park and the City 3.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 3.3 Severabilitv If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party 3 4 Termination. 3 4.1 This Agreement may be terminated upon mutual agreement of the Parties. 3 4.2 This Agreement shall terminate upon the abandonment of the development by Fountain Park. Fountain Park shall be deemed to have abandoned the development if Fountain Park fails to take title to the property and /or fails to submit development applications before October 7, 2006. Page 5 of 9 G'City Attome9PPh I LR'Planning \Tukwila Station DA 7- 13.doc 3.4.3 This Agreement shall expire and be of no further force and effect if Fountain Park LLC does not construct the development as contemplated by the approvals identified in Paragraph 2.13 of this Agreement, and submits applications for development that are inconsistent with such approvals. 3.5 Enforceability The Parties acknowledge that any willful and material breach of this Agreement will result in irreparable harm, and therefore, in addition to any other remedies that the Party would have, the non breaching Party would be entitled to temporary, preliminary and permanent injunctions prohibiting the breaching Party from any such willful and material breach. The Parties agree that monetary damages from a breach of this Agreement would be difficult to ascertain and quantify; thus, specific performance is the proper remedy for any breach of this Agreement. 3.6 Annlicable Law/Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. 3 7 Notice of Default/Onnortunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution process. 3.8 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. 3.9 No Third -Partv Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 3.10 Continuencies. 3.10.1. Should the Strander project not go forward or should the property described in Exhibit "B" not be needed by the City, the easement granted by the City for parking purposes on Exhibit "C" will become a permanent easement. Page 6 of 9 G:?City AttomeylPETER1Planning \Tukwila Station DA 7- 13.doc 3 10.2. This Agreement will terminate if development of the project described herein is not commenced within 180 days of the effective date of this Agreement. Commencement shall be defined as receiving the required foundation inspection, including approval therefore by the City 3 11 Entire Agreement. Counterparts. and Exhibits. This Agreement may be executed in duplicate counterparts, each of which is deemed to be an original. The entire Agreement consists of eight (8) pages, one (1) notary acknowledgement page, and five (5) Exhibits, which constitutes in full the final and exclusive understanding and agreement of the Parties and supersedes all negotiations and previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the a authorities of Fountain Park and the City of Tukwila. 3 12 Authority The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organisations. 3 13 Recording. Fountain Park 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. 3.14 Existing Easements. No easement, in existence prior to this Agreement, on the properties subject to this Agreement, shall be affected by this Agreement. 3.15 Legal Representation. In entering into this Agreement, Fountain Park 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. 3.16 Minor Modifications. Minor modifications from the approved development or the exhibits attached hereto may be approved by the City's Department of Community Development Director in accordance with the provisions of the City's code and shall not require an amendment to this Agreement. LPN: WITNESS WHEREOF, this Agreement has been entered into by and between Pacific Commercial Properties and the City of Tukwila as of the day and year first above written. FOUNTATi I PARK LLC CITY OF TUKWILA By By Hyun J Um, Member Steve _Mullet, Mayor Page 7 of 9 G:`.City Attcme:PETER'Planning\Tukwita Stz&in DA 7- 13.doc Approved as to Form. Shelley Kerslake, City Attorney Page 8 of 9 3.!City Attorney \PETERiPlannine\Tukuila Station DA 77- 13.doc STATE OF WASHINGTON ss: COUNTY OF KING On this day of 2006, before me personally appeared Hyun J Um, the Member of Fountain Park LLC, a Washington limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: STATE OF WASHINGTON ss: COUNTY OF KENG On this day of 2006, before me personally appeared Steve Mullet, known to me to be the Mayor of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. EN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: Page 9 of 9 G'City Attome}'PElER\P!anningTukwi!a Station DA7- 13.aa= Ill PROPOSED PROPERTY EXHIBIT CITY OF TUKWILA TO FOUNTA;N PARK L PROPERTIES, INC. ye a tK I-" ,5 Ai 10° 5o\ PROPOSED AREA TO '0 BE OEEOCO FROM THE CITY OF rukcimCA 1 it v TO FOUEATA%M PARK,_ 36,590 S.F. i 1 57. 2' t_ q N ,t a� l^f V 1--AS BUILT t TRACKS ch m 9 0:, 7826 0 k. GIS_Tc �y4� ��jj "VA1 LAND XF1RE5 MAY 22 2005 r y I AS BUILT TRACKS-t 1 1 j Z CC 'j a C^j 0 100 200 V .e Z I a ,k 0. SCALE: 1 =200' :z 1.2 tn to �a 1 I z 1 W, v' 1 1 57. 43 50'1 so. 9537H. i- LONGACRE I i WAY PREPARED 8Y; I EASTSIOE CONSUL TANTS, INC. I 1 MONUMENT C_ I 415 RAINIER 8L YD. N. 50. 758 ST ISSAOUAH, WA. 980227 EXTENDED 1 Pi;(42: 1342 -5351 Exhibit A PROPOSED LEGAL DESCRIPTION CITY OF TUKWILA TO FOUNTAIN ['ARK 1-LC PROPERTIES, IV, N Tv -4 C3i LOT 1 OF CITY OF TUKWILA SHORT PLAT NO L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OFKING COUNTY, WASHINGTON: EXCEPT THE EAST 100.00 FEET THEREOF CONTAINING AN AREA OF 36 SQUARE FEET MORE OR LESS. gam- fv iii 4. c i t(t4H1W y`� �Q LANa S EXPIRES MAY 22 2005 IP PROPOSED PROPERTY EXHIBIT 1=OUNTAJAJPAR K LLG TO CITY OF TUKWILA bfl ,1'0051 r( <S, er I Su w. 4 f 51' 43 ♦X4 i y q 4- -AS BUILT g TRACKS b q t- U 9 r F _7826_(,9 J i:' .4 4 l PROPOSE° AREA TO V GI5 5J� i yRINTA/b1 8E OEE0E0 FROM IAL LA J N Ft y 1 A 22 2005 i 1 I TO THE cn 0E 1 TUKWILA 103,525 S.F. AS BUILT q TRACKS V.V. 4 J:�iti *i 1 4 f! IINE HENRY A- i)f C AOER O_ 481 I S. LINE -covr Lor I 4,►�• SEC. 2$' T.2JN.; I. C. W.M. c X 1 r LLL ,t' tie 2 Cl 4, iglet+ 0 W O 100 0 t 01 z �C ca 1 700.60 q SCALE: 1 =200' Q ���:j: t .1 e 121 °a 1 Z L �i:Z a 1t911 1 *).1 f m 11141 1 5�' 43' So'150 $O. "�.rJ'$W L r LQ WAY ���5 PRE. ?AREO 8Y' 11 41 EASTSIOE CONSULTANTS. INC. 1 4 .MONUMENTEO t I 415 RAINIER 8L'O. N. 1 1 S0. 15E R AOUA, WA. 98027 1 1 :X TZ N OEO i527H ST 1 PH: 25)392" 5351 as Evhihlt R PROPOSED LEGAL DESCRIPTION FOUNTAIN PA R1< L L C TO CITY OF TUKWI THE EAST 100 00 FEET OF LOT 2 OF CITY OF TUKWILA SHORT -PLAT NO L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH THE EAST 100 00 FEET OF THE FOLLOWING DESCRIBED PARCEL. THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OFA LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY. CONTAINING AN AREA OF 103,525 SQUARE FEET MORE OR LESS. -e c F 782fi O G7ST£ci` 4 0 4'4( LA H4 S 6 %AIRES MAY 22 2005 PROPOSED EASEMENT DESCRIPTION CITY OF TUKWILA TO FOUNTA /N PA,P,C LLC. bag A� �l „,G tit's N`� V .01 50\ I V 1 1 57 c!, •4 I a I I I .1 r.: -.-I to �AS BUILT TRACKS 4 1 1 14.1 I .s, Y 1. I •4 ICI h I I o r v <I U 3- 4. I a 'I I a NE HENRY A. j 1 ER D. C. 46 i- Z S' LINEGTOVTLOT ti 1 5EC. 24. T 2JM. 6.4E, W.M. AS BUILT TRACKS I r• W 1 r _I 1,, a r 1 a I •100.0• Z 1 x 0 100 20D S2 I •2 Z g N SmIlmi, Lt. P. I O I a pF CICti e SCALE: I I 00• 'n I' 4 e j 4 I ;PROPOSED 30' I X 1 -e 4 J o I iEASEMENT d 12I I I I I A LAS 1110 4 1 1$2114....E 1 50'1501 EXPIRES MAY 22 2007 ,T JZL__ -1- so 1sam sT f N 1 WAY EAS CONSULTANTS. INC. 1 1 I I 410NUMENTEO q 1 415 RAINIER 8L1R7. N. 0 I I SO. 158TH ST ISSAQUAH. WA. 98027 I EXTENDED 1 PH :(425J392 -5351 Exhibit C PROPOSED EASEMENT DESCRIPTION CITY OF TUJKWILA TO FOUNTA/N PAIeX L L G THE WEST 30 FEET OF THE EAST 100,00 FEET OF LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH THE WEST 30 FEET OF THE EAST 100.00 FEET OF THE _FOLLOWING DESCRIBED PARCEL. THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO, 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON "NORTHERN RAILROAD RIGHT- OP-WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OFA LINE 137 FEET SOUTH OF THE NORTH LINE QFSAID DONATION CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY. 4941.14-4>A 1 4 C Al 1AO EXPIRES MAY 22 2007 PROPOSED PROPERTY EXHIBIT AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY FOUNTA /N PARK. LLC 5 'iQ'� ?ix E¢ 5T� 1 1pa r lAR v :4 L 5 0 50 PROPOSED AREA TO BE 1 ABANDONED BY UNION PACIFIC RAILROAD AND- i+'' c ACQUIRED BY FOUNTA/NI -5 6+=+ PAO< 1-1-4.• m. ±59.180 S.F. 0 ti y ►r% •AS BUILT TRACKS T.L. 2�O23Oi.. U22— w i i» In 1 j i t es cc 3 V P .c +O ti c a -.4 o I O I v p1 IINF HFMRY 0ER9 45 1 I T 1 1 I SE 24. t 2JNT LOT 44E W.M. 461 1' L AS BUILT i TRACK'S- Ili i +i t Exist. 100' p tennue‘nan CC 4. U.P.R/R WONT i OF WAY U 0 100 200 IL Z EN w SCALE 1'200' I 'Q �O ;3 C I p. I t9 W Z$ 1 1 1 Z Z 41 IMO I 57 4T' 50150 EXPIRES NAY 22 2005 SO_ 158TH ST LONGACnS WAY EASTSAOE CONSULTANTS, INC. L MONUMENTED 415 RAINIER BLVD. N. 1 1 50, 159T71 ST I ISSAQUAH, WA. 98027 I I 1 IXTEN I PH: (425]392 -5351 Exhibit D i PROPOSED LEGAL DESCRIPTION AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY FOUN7A /N PAieK L LL THE EAST 43.00 FEET OF THE FOLLOWING DESCRIBED PARCEL. THAT PORTION OF THE 100 FOOT WIDE UNION PACIFIC RAILROAD RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL AMD PACIFIC RAILROAD) LOCATED IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER 1 (INTERSTATE 405) CONTAINING AN AREA OF 59, 180 SQUARE FEET MORE OR LESS. ,r fiks?.. 4- ire 441 4 Is Itep 4 ealge# It ((licit -14 4i ijai S kEXPIRES MAY 22 2Cfl5 1 II PROPOSED PROPERTY EXHIBIT POUNTAJNPA g.< LLG COMBINED PARCEL X9. ;l 1i '1 \1 4 1 1 1 I 1 1 1 1 I 1 1 1 As sums cwGCs I 1 1 1 CONSTRUCTION STORAGE 1 STAGING AREA 1 N i i 1 1 1 Nz a 1 1 AS 6Ua7CTEACKS CC 0 re a z o wo wo t7 z E sCaE 1' =200' Q 0 z NzIw p Z --4 :J IL I If C o NrgI<. 1 U I m, 5Iy N SO. 158TH ST' T LONGAC F 1 WAY I 1 I Exhibit E Finance Safety Committee July 17, 2006 5:00 p.m. tsent: Pam Carter, Chair; Jim Haggerton, and Verna Griffin Rhonda Berry; Kevin Fuhrer; Shelley Kerslake; Peter Beckwith; Mary Miotke; Lori Sutter; Jane Cantu; Christy O'Flaherty; Diane Jenkins; Chuck Parrish, community member; and Ed Garth, Coscomm. Business Aaenda A. Proposed changes to Ethics Code Pam indicated that the Council asked Shelley to develop two options regarding the handing of ethics complaints. Jim asked if the intent was to forward the two options to the Council; Pam responded that that was the request of the Council. Shelley related that in addition, the Police Guild filed an Unfair Labor Practice (ULP) alleging that the ordinance infringed upon their rights under their Collective Bargaining Agreement; a tentative agreement has been reached. if the Council adopts the ordinance, then the Police Guild will dismiss their ULP The proposed changes are not substantive and merely clarify the intent of the ordinance. Unanimous approval, forward to COW. B. Tukwila Station Kevin provided an update on the Tukwila Station development proposal. Once again the City has the opportunity to enter into a public/private partnership with a private developer This would be a mixed -use development in the Tukwila Urban Center (TUC) with 250 -300 condominiums and a small amount of retail space. Previously the Council entered into a development agreement with Pacific Commercial Properties (PCP) to proceed with the Tukwila Station development which was subsequently extended trying to give the developer additional time to secure funding for the project. Finally, that agreement was allowed to lapse. The City would like enter into a development agreement with Fountain Park LLC. He described the parcel of land owned by the City The City purchased the property to assist in the development of a convention center, the property was purchased for $1 45 million using HotetIMotel Tax Fund via an interfund loan from the General-and Arterial Street funds. This will be paid back over time. To date, 5200,000 in principal has been paid. The remaining annual payments have been interest only The developer is proposing a land swap, value for value. Some attractive features of this land swap for the City are that it will assist in the acquisition of right -of -ways which would be required for the City of Tukwila to purchase for the City of Renton's future extension of Strander Boulevard. This will involve the relocation of the Union Pacific Railroad (UPRR) right -of -way from its current location to a location adjacent and west of the existing Burlington Northern right of-way which is currently owned by Fountain Park. Also, additional revenues would be generated to the City through construction, property tax, building permitlfees, etc., approximately 51.2 million. To facilitate the relocation of the UPRR, Tukwila would be required to acquire through condemnation the property required for the Strander project This would be costly if the property would have been fully developed. Tukwila owns 1.63 acres of land immediately north of the Tukwila station, of which 36,000 sq. ft. are subject to this agreement. Referring to the maps (32 -40), the city would have a 100 ft. swath to assist in relocation the railroad right -of -way; the developer could use approximately a 13 ft. strip for temporary parking. Once the UPRR is ready to relocate, the City would swap this 100 ft. swath. The developer would then demolish the temporary parking and 43 ft of the 100 ft. would become permanent parking, leaving the City with a 57 ft. swath. The City would have the option of marketing this property or selling it. The developer has expressed an interest in purchasing the property and would be required to submit a bid once an appraisal has been obtained. This development would help to change the character of the TUC. Possible scenarios on the relocation of the temporary station were discussed; the details will be refined through the permitting process. Jim noted that this accomplishes several objectives for the City Unanimous approval, forward to COW. C. Coscomm International Mary provided a brief overview of Coscomm project. The first phase of the pilot program provided data communication capabilities where terrestrial services could not be provided. The second proposed phase would implement satellite technologies for communicating between patrol cars and provide an authorized satellite gateway residing at the Tukwila IT Department The City's relationship with Coscomm will be twofold: the Tukwila Police Department will become official customers of Coscomm's services and become a showcase agency, and secondly, the IT Department will partner with Coscomm to host a satellite gateway computer to WSP and other Coscomm public safety agencies. Coscomm would pay Tukwila a percentage of the service fees collected from other agency customers. In addition, because of Tukwila's cooperation during the beta testing and agreeing to be a showcase agency, Tukwila patrol cars would be outfitted with all necessary satellite communication equipment at a very nominal charge. Ed described how this technology works and how it would be installed in the police and command vehicles. A draft of the proposed agreement was attached and noted that additional revisions may be forthcoming. Unanimous approval, forward to COW. Old Business Pam indicated that a meeting would be held with animal control on July 19 to address some concerns and issues. Adjournment: 6:00 p.m. C Committee Chair Approval Minutes by DJ. r^ f City of Tukwila no-, /le a r. t h 6200Sout hcentar Boulevard •Tucnl3, Washington 98188 Steven 14. Muliet, Mayor 7908 DATE: February 22, 2005 TO: Committee of the Whole. FROM: Steve Lancaster, DCD D Kevin Fuhrer, Finance Director SUBJECT Public/Private partnership rel o Strander Extension and Pacific Commercial Properties proposal for "Tukwila Station" The City has an opportunity to enter into a public/private partnership with a private developer. This partnership would involve an exchange of real property with Pacific Commercial Properties in order to facilitate: 1. the future extension of Strander Boulevard, and 2. a mixed -use transit- oriented development proposal with positive implications for the TUC. This amendment was considered by the CAP Committee on February 15, 2005. The conceptual agreement was approved and forwarded to the COW for consideration. BACKGROUND Strander Extension Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley fllghsvay. Tukwila has informally concurred The preferred alternative would require relocation of the Union Pacific Railroad (UPRR) right of-way from its current location to a location adjacent to and west of the existing Burlington Northern right-of-way (see Figure 1). This alternative has cost advantages for the project, and additional advantages for Tukwila relating to the future development potential of the area A potential risk of this alternative is that development could occur on the portion of the future UPRR right-of-way currently owned by Stuart McLeod, thus making future right-of-way acquisition more expensive and possibly threatening the viability of the Strander Extension project. Tukwila Station PrnnasaL Pacific Commercial Properties (PCP) has proposed a mixed -use development on property currently owned by Stuart McCleod. The property is located north of Longacres Way, between the Union Pacific and the Burlington Northern rights-of-way, The project, tentatively named 'Tukwila Station," would include approximately 250 to.300 residential units and about 5,000 square feet of commercial space. The City of Tukwila owns approximately 1.63 acres ofland immediately north of the Tukwila Station site. Phone: 206.433 -1800 Ctry Haft Far 206- 433 -7833 swnvcLtukwpawatts PROPOSAL Pacific Commercial Properties (PCP) has indicated a willingness to work with the City for the purposes of this land exchange. The sequence of transactions is keyed to Figure 2 and would be as follows: Step 1 PCP transfers the easternmost 100 -foot strip of their property to the City, retaining a 30- foot easement for interim paling purposes. This eastern 100 foot strip is needed for relocation of the Union Pacific RR right -of -way to Tukwila and measures approximately 103,525 sq. It Step 2 The City transfers a portion (approx. 36,590 sq. ft )of its property to the north to PCP, which PCP will use as a portion of its Tukwila Station development. Step 3 At the point in time where Strander is ready to be constructed and the Union Pacific right -of-way is ready to be relocated, PCP would relinquish its easement and the City would transfer 43 feet of the oldUPxight -of -way to PCP (approx 59,180 sq. ft.). PCP would relocate its displaced parking from the easement on the east of its property, to this 43 -foot a on the west. At the end of this process, PCP would have transferred 103,525 square feet of property to the City; the City would have transferred 95,770 square feet to PCP All this would be detailed in a development agreement. SRQUENCE 1. PCP transfers area shown to the City, retaining 30 -foot easement for parking purposes. 2. City transfers area shown to PCP 3. When funding for the Strand& project has been secured and the project is in the design phase, the City transfers 100-foot ship of property to Union Pacific RR in exchange for "old" UP right of way, in conjunction with Strander extension. City transfers 43' wide area shown to PCP FINANCIAL IMPLICATIONS By way of background, the HotellMotel Tax Fund (101) purchased the land for 31,450,000 with resources received via an inteafimd loan from the General and Arterial Street Funds. The outstanding loan balance as of December 31, 2004, was 31,250,000. The 2005 Budget provides for a 5200,000 loan repayment This would leave a balance owing to the General and Arterial Street Funds of 31,050,000 as of Deceanber 31, 2005. The Lodging Tax Committee may accept a transfer of land ownership to the General Fund in exchange for the debt forgiveness. However, the Lodging Tax Committee may not approve this transaction if the appraised value is determined to be below 51 million. Preparations are presently underway to settee appraisal services. The land transfer proposal will be discussed with the Lodging Tax Advisory Committee on March 3, 2005. 2 If the transfer is approved through the developer agreement, the planning model will initially be reduced by the amount of the interfund loan balance remaining. The reduction will be mitigated by the revenue opportunities Char are addressed in the next section of this memorandum REVENUE OPPORTUNTTTES The Tukwila Station Project proposal stands to generate (4) revenue sources for the City property tax, sales tax, real estate excise tax (REST), and the building permits and fees. In discussions with the developer, he has indicated a S65 million dollar valuation at buildout with estimated construction costs of S30 million. Given the indicated values, the following revenues could reasonably be expected from the proposed project Property TaxA SI00,000 Construction Property Tax B S100,000 Annual Sales Tax S300,000 ConstructionPeiiod REEF $250,000 Period of Initial Saks Build Permit/Fees '$350,000 Application Period Again as addressed in the financial implications section of this memorandum, these revenues would offset the reduction in the planning model for the amount of the interfund loan balance payable at the time the land transfer is executed. OTHER CONSIDERATIONS If the City does not partner with Pacific Commercial Properties to facilitate this land transaction work, it is likely we will be faced with a proposal to develop the McLeod site in a manner that will preclude the cement plans for extending Sirander. Al the very least, full development of the McLeod property would significantly increase the future cost of the Strand= extension project, possibly affecting its viability. RECOMMENDATION Conceptually approve publidprivate partnership with Pacific Commercial Properties. Forward this conceptual approval in conjunction with approval ofmulli- familyTOD amendment to the February2S meeting of the Council of the Whole. Authorize Staff to prepare public/private partnership ag reement with Pacific Commercial Properties, 3 City of Tukwila Page 5 o 9 Cif+ Councl Reautar Meetino Minutes Aorl 4. 2005 1 Paul Sheehan. Tukwila resident and owner of Far west Paints, reiterated the sentiments of Mr. Schweigert and sought Garifiretion to Petition- 4 43.40.68. He made a request (for more informaEan) from Ms. Mosqueda, relative to the use of fire trucks in the area The issue has to do with a private property ramp going onto public property. Ms. Mosqueda made note of the request. 8:13 p.m_ Council de5beratons ensued with suggested comments and edits to be worked and/or incorporated into the draft ordnances to be presented at a future Committee of Wno!e meeting. With those newly suggested edits and/or additional negotiation points presented to the Development Engineer, she noted it may take as much as three weeks to return with draft ordinances. 8:29 p.m. Mayor Mullet Cased the pubic hearing. (Clerical note 04.05 -05 —This issue will appear on the 04-25-05 agenda for consideration by the Committee of Whole.) Yc O Development anmement between Par tc Commercial Pronerfies !PCP and the City of Tukwila for the deverpment of a mulfi- family condominium pro et vrthin the Transit- Oriented Devetpment flQ01 area of the Tukkwla Urban Center (TUGI. more commonly known as Tukwila Station.' 829 p.m Jack Pace, Deputy Director of Community Development, told Council the proposed devefopsr's agreement provides the framework, as agreed upon by the parties, to carry out tasks and duties associated wlh the Tukwila Station project 8:34 p.m. Mayor Mullet opened the pubic hearing and called for pubrx testimony. 8:35 p.m. Hearing no pubic testimony, Mayor Mullet closed the public hearing. Action to follow under the heading of unfinished business. UNFINISHED BUSINESS: y Authorize Mavor In cian a development agreement with Pacific Commercial PmcerEes (PCP) for the development of a multi -family cnndnminium nm ;rr& commonly known an `Tukwila Station' CARTER MOVED; DUFFLE SECONDED; TO AUTHORIZE MAYOR TO SIGN A DEVELOPMENT AGREEMENT WITH PACIFIC COMMERCIAL PROPERTIES (PCP) FOR THE DEVELOPMENT OF A MULTI- FAMILY CONDOMINIUM PROJECT COMMONLY KNOWN AS "TUKWILA STATION." The motion caned 6-0. MI b An ordinance edn.• viand renii ntions i nuti mil -'no in the Tukycla n Center to ...1 neiforienled akmment in MT to the Sn under uter Patti trakS. Ilr A21.'. OF THE CRY COON o- CITY OF TUI6YLq W -'GTON, DEFINING moRENTED r a HOUSI.•(w ADO G ED RE a' r MULTI-Fr HOUSING IN THE `SA -.o TO ALLOW l •REVEL.. 3 IN PRO IN SWtC -•kdNTER ATIOK 1758 SECTION 1: 1 7; 1971 21, 830 SEC 20, 21, 22; 1 ts 34 AND 35; P9 7; 1471 •N 12: t 4 SECTION 5: 197- I SECTIONS 49, 50 AND 51; CfON 4, 1989 SE 7 c; SECTION 4; 2045 TI SECON 9; AND 2021 4. AS CODIFIED CHAPTER 18.28; IN PROVIDG FORS A: AND ESTAWSBIRG AN a DATE Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. July 3 10 17 24 4 th See agenda packet Independence Day cover sheet for this (City offices closed) week's agenda (July 24, 2006 31st Committee of the Fifth Monday of the Whole meeting). month no Council meeting scheduled CON D111 t EE OF THE WHOLE i\4EE1 L \G TO BE FOLLOWED BY A SPECLAL lMEE 1INC August 7 14 21 28 Special Presentation: Special Presentation: "A Roof Over Eve Puget Sound Bed in King County," Regional Council Bill Block, Committee (?SRC) Vision 2020 to End Homelessness. planning process. Public Hearing: Development agree- ment with Fountain Park LLC covering exchange of certain parcels of property between Fountain Park and the City Unfinished Business: Proposed revisions to the Code of Ethics September 5 (Tuesday) 11 18 25 4th Labor Day (City offices closed) Immmmo Upcoming Meetings Events JULY *AUGUST 2006 24th (Monday) 25th (Tuesday) 26th (Wednesday) 27th (Thursday) 28th (Friday) 29th (Saturday) 1 Transportation Community FARMERS -MARKET Domestic King County Highway 99 Cmte, 5:00 PM Affairs Parks Corm of 144th et. and Violence Task Wastemohile Trash Pickup (CR Cmte, Tukwila hill Blvd Force, in Tukwila Day. 5:00 PM 1 Every Wednesday 12:00 NOON (for disposal of City Council (CR #3) (now now through Sept. 27 For B5) household 9:00 fixation calf ation cell 3:00 to 7:00 P][ hazardous waste) For Committee of hd Donna at the !!'hole Music in the Park J uly 2 8, 29 30 206 242 -5556 Mt_., 9! FREE hmchtime 10:00 AM 5:00 P\! 7:00 Pill &Oro concert series Foster Filth School —.5_ (Council tire-- r +t 1-I :00 Pyt (4242 St) Chmnbers) at Bicenon t B ic e ntennial Park t %w*.metrokc._ov/ 1 TO BE xww.ci Kr)90 Ltm.rc02 Rd) Et! F3U(armersm dtnp'swd%faciliti& 11LMEDIATELY schedule.asp or call FOLLOWED BY c 206 2964682 for ASPECL41 COPCAB 1 'F�t more information MEERNG 6:30 PM Tony LaStella &the All Nations Cup (CR 45) Goombas, featuring 2006 swing music, Italian Championship pop hits and popular Games Day r Court standards. (see below for mom Planning information) Commission._ 7:00 PM (Comma Chmnbera) An Nations Cop 2006! All events held at Snthre Sports Complex, Fort arm Pak j Visit www.allnationscup.org or conta m ct Sister Comunities at 206-267 -9000 for info. a Q rerfiral; had Snnifimis: July 25-27. Cham pionship Games Day on July 29, with tie 7oyiao Santos Nth) Brazil Show. 31st (Monday) 1st 7Tdesday7 2nd (Wednesday) 3rd'(TTiurtday) 4th (Friday) 5th (Saturday) Fifth Monday of Chamber of FARMERS MARKET Music in the Park the month (no Commerce Corner of 144th 5t. and FREE hmchtime Council meeting Gov't Tuhrila Intl. Blvd concert series scheduled) Community. Every Wednesday 12:00 Noon -1:00 PM Affairs Cmte (now tiuourh Sept 27) at Bicentennial Park 12:00 NOON 3:00 to 7:00 PM (Clamber Office) City Council 1F1 L Special Mtg. Arts (Work Session— y —a =r i l Mid-Year Budget Co m PM y= r r Commutity Crn) Review), www.<itukwilawaasf 4:00 to 6:00 PM National Night Out FlU(armersmarkethmm (Community Cm..) Against Crime 5!ae)ai nsgthors a i d t ta1v're& Sister City Cmte, Diversity dog peeentco 5:30 PM Commission, ms. (CR43) 5:00 PS! 4:00 to 9:00 PM (Showalter Middle co the Po DV. School Library) et 206-431- 2197& more intimasion. 'Re Court Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Ki nbe,ly !fat j at 206- 767 -2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offences. Contact Nancy Damon at 206 575 -1633. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon, 7:00 PM, Council Chambers at City HalL City Council Regular Meeting: 1st 3rd Mon, 7:00 PM, Council Chambers at City Hall. Community Affairs Parks Committee: tad 4th Tues., 5:00 PM, Coaf Room =3. Agenda item for 7125106 meeting: (A) ,Vctice of Completion —Golf Irrigation System Filter Replacement Project. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm 45. Marla !Murray (206- 433 7175). Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room #5. Contact Etiie Boykmr or Stacy Hansen at 206-433 -7180 Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Finance Safety Committee: 1st 3rd Mon, 5:00 P>!, Conf Room 43. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206-433-1812 >Parks Commission: 3rd Wed, 5:30 PM, Senior Game Room at Community Center. Coral Kimberly !fate) at 206 -767 -2342. Planning CommissionlBoard of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM, Council Chambers at City HalL Contact P/}r.erta Bnzns at 206- 431 -3670. >Sister City Committee: 1st Wed, 5:30 PM, Conf Room =3. Contact Bev Willisan m 206- 433 -1844. Transportation Committee: 2nd 4th Mon., 5:00 PM, Conf. Room -1. Agenda items for 7f24/'06 meeting: (A) Small 160th Street traffic calming update- (B) 2006 Overlay Program bid aaard (C) Construction management services for 2006 t erlay Program. (D) Turnover docwnents for Cascade Glen (a41a Hillside Homes). >Utilities Committee: 1st 3rd Tues., 5:00 PM, ConE Room =1. 3 Court Busy Court andtor luny Calendar (noted to alert employee; and citizens of potential par'xmg difficulty).