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Reg 2014-03-03 COMPLETE AGENDA PACKET
L Tukwila City Council Agenda ( 1 im • REGULAR MEETING • lip "" Jim y David Haggerton, Mayor Counciimembers + Joe Duffie + Dennis Robertson Cline, City Administrator + Allan Ekberg + Verna Seal Quinn, Council President + Kathy Hougardy + Kate Kruller De'Sean Monday, March 3, 2014; 7:00 PM • Ord #2432 • Res #1818 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (p /ease limit your comments to five minutes per citizen). To comment on an item fisted on this agenda, please save your comments until the issue is presented for discussion. 3. CONSENT AGENDA a. Approval of Minutes: 2/18/14 (ReguiarMtg.) b. Approval of Vouchers. 4. UNFINISHED BUSINESS a. An ordinance approving and authorizing the proposed 402 Baker Boulevard Development Agreement with MRFH, LLC, for the Odin Brewery. b. An ordinance amending Ordinance No. 2384 §3, as codified at Tukwila Municipal Code Section 16.60.020, to revise requirements for designation of landmarks. c. Authorize staff to move forward with creating three Fire Department pipeline positions. (No additional funding required.) d. Authorize staff to proceed with the application process for the 2014 FEMA Assistance to Firefighters grant in the amount of $391,272, with a City match of $20,593 for the replacement of the Fire Department radios and operating system. e. False alarm fees: (1) An ordinance amending Ordinance No. 1363, as codified at Tukwila Municipal Code Section 8.08.040, to increase fines relating to false alarms. (2) A resolution adopting a false alarm fee schedule. Pg.1 Pg.19 Pg.23 Pg.25 Pg.27 Pg.29 Pg.31 5. NEW BUSINESS 6. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Intergovernmental Pg.33 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Inhale Meeting Date Prepared by Mayor's review C;oillkil review 02/24/14 LM r.,....... [d 1!:1 03/03/14 LM Motion Alp Dale Resolution Alp Dale Ordinance Bic LAivard All,g Date K Public Hear" il, I I Other Aft's Date <litg Dale Alp Dale 03/03/14 ,A IA Dale 02/24/14 ITEM INFORMATION ITEM NO. 4.A. STA IT spoNsoR: LYNN MIRANDA ORIGINAL AGUNDA DATL 2/24/14 AG I ,NDA LIT ,N1 TITITh; Odin Brewery Development Agreement (DA) C.\l'i;,(;()ItY 11 DiSCUSS1.011 02/24/14 Motion Alp Dale Resolution Alp Dale Ordinance Bic LAivard All,g Date K Public Hear" il, I I Other Aft's Date <litg Dale Alp Dale 03/03/14 ,A IA Dale 02/24/14 SI) (. )Ni( )1Z. Council NIt!yor I I HR 1-7inance _ Fire rr Pe..'71Z. Police I HIV DC]) StoNSuR'S The City Council is being asked to approve a DA between the City and MRFH LLC which sumi\L\Ry would permit Odin Brewery to locate in the TUC District and produce up to 15,000 barrels of beer annually, with conditions. The DA also establishes architectural and site improvements that exceed the current code requirements but would be implemented by the applicant. Council is being asked to hold a public hearing and discuss the DA this evening, then forward it the Regular meeting on March 3. RI*11AVIM PT — COW Mtg. Utilities Cmte DATE: 2/11/14 1 CA&P Cmte F&S Cmte — Transportation ante Parks Comm. Planning Comm. COMMITTEE CHAIR: DUFFIE Arts Comm. RECOMMENDATIONS: SpoNsoR/ADmIN. COMNIITTI-d Department of Community Development COST IMPACT / FUND SOURCE Expl,,N1)ITU1W RE,QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/24/14 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 2/24/14 Informational Memorandum dated 2/4/14 Draft Ordinance adopting Development Agreement for 402 Baker Blvd (Odin Brewery) Draft Development Agreement between the City of Tukwila and MRFH LLC Minutes from the Community Affairs and Parks Committee meeting of 2/11/14 3/3/14 Ordinance in final form 2 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING AND AUTHORIZING THE PROPOSED 402 BAKER BOULEVARD DEVELOPMENT AGREEMENT WITH MRFH, LLC, A WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, MRFH, LLC, desires to site a beverage manufacturing business at 402 Baker Boulevard, a project referred to as "Odin Brewery;" and WHEREAS, the use contemplated by this development proposal is not directly addressed by the Tukwila Municipal Code; and WHEREAS, MRFH, LLC, desires to make improvements to the property that exceed the current Tukwila Municipal Code requirements; and WHEREAS, the City of Tukwila and MRFH, LLC, wish to enter into a Development Agreement for the 402 Baker Boulevard development, a copy of which is attached hereto as Exhibit A; and WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a public hearing was conducted on the 24th day of February 2014 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council, pursuant to City Ordinance No. , approved this Development Agreement as proposed and authorized execution of this Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement. The 402 Baker Boulevard Development Agreement by and between the City of Tukwila and MRFH, LLC, a copy of which is attached hereto as Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Tukwila. W: Word ProcessinglOrdinances \Odin Brewery-402 Baker Blvd DA 1-31-14 LM:bjs Page 1 of 2 3 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Exhibit A — Development Agreement Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Odin Brewery-402 Baker Blvd DA 1-31-14 LM:bjs 4 Page 2 of 2 EXHIBIT A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND MRFH, LLC, FOR THE 402 BAKER BOULEVARD DEVELOPMENT THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into this day of by and between the City of Tukwila ( "City "), a non - charter, optional code Washington municipal corporation, and MRFH, LLC ( "MRFH "), a Washington limited liability company. I. RECITALS WHEREAS, the Washington State Legislature has authorized the execution of development agreements between a local government and a person having ownership or control of real property within its jurisdiction pursuant to RCW 36.70B170, and Tukwila Municipal Code (TMC) Chapter 18.86 allows for development agreements to respond to changing community needs and to adequately achieve the purpose of the provisions of the TMC; and WHEREAS, MRFH intends to develop the interior and provide exterior improvements to an existing building to accommodate a microbrewery that would comprise approximately 10,500 square feet of manufacturing and storage space, 600 square feet of business office space, and 1,734 square feet for a public tasting room and retail space; and WHEREAS, the project site lies within an area zoned Tukwila Urban Center (TUC). The City's Comprehensive Plan for this area envisions this area as a high- density, regionally - oriented, mixed -use center having walkable, as well as auto - oriented, shopping and entertainment districts, and having recreational opportunities for business people, residents, and visitors; and WHEREAS, the type of use proposed by MRFH is not directly addressed by the TMC and is a hybrid use which is desirable to the urban environment envisioned by the City's Comprehensive Plan; and WHEREAS, the complexity of transforming a suburban pattern of development to a more urban one is such that change cannot be expected or required to happen all at once. More likely, the majority of the development within Southcenter over the next 20 years will be as a result of market- driven renovations, such as the MRFH proposal, and expansions rather than entirely new construction; and WHEREAS, it is not the intent of the City to discourage such redevelopment, as new investment should enhance the image and appeal of the area. Instead, the City's strategy is to move forward in phases, leading with public investments and implementing a set of regulations that condition redevelopment and result in incremental changes to the urban form that are in alignment with the community's long -term vision. Over time, these changes will serve as a Page 1 of 12 5 framework, catalyst, and attractor for the types of development envisioned for the urban center. This redevelopment of the existing building and site will serve as the type of amenity and attraction desired by current and future residents, workers and visitors in the Southcenter area; and WHEREAS, as part of the MRFH proposal, it will enhance the overall image and architectural design quality of the Southcenter area, and contribute towards the pedestrian orientation of Baker Boulevard by improving the streetscape via wider sidewalks and landscaping, making access management improvements, and providing safe pedestrian pathways through the parking lot by connecting the building's public entrance to the street edge; and WHEREAS, this project is located in the northern part of Southcenter, in a core area envisioned as a growing transit- supportive mixed -use neighborhood with residential, office, retail, and entertainment uses; and WHEREAS, the project site is located on Baker Boulevard, the high priority corridor for the City that provides a more direct, walkable route via the planned pedestrian bridge over the Green River, connecting the Mall and future Transit - Oriented Development neighborhood to the Tukwila Sounder Commuter Rail /Amtrak Station; and WHEREAS, the Southcenter Element of Tukwila's Comprehensive Plan encourages establishing a pedestrian- oriented environment through site planning, streetscape design, and improvements to the Urban Center's network of streets, trails, and sidewalks; and this project will further the community's vision of a pedestrian friendly, walkable neighborhood by constructing public frontage improvements, including landscaping, along Baker Boulevard and implementing access management strategies; and WHEREAS, the Southcenter Element of Tukwila's Comprehensive Plan calls for ensuring that pedestrians have safe, convenient, and comfortable paths from adjacent public ways through large parking lots to key building entrances, and the project's site design and pedestrian improvements implement this policy; and WHEREAS, the Southcenter Element of Tukwila's Comprehensive Plan promotes high quality architecture in Southcenter, and the project's architectural design improvements to the existing building's facade will be of high quality and will improve the image of Baker Boulevard, the Southcenter area, and identity for the entire City, thereby having the potential to attract further high quality development; and WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing; and WHEREAS, a public hearing for this Agreement was held on February 24, 2014, and the City Council approved this Agreement by Ordinance No. ; and Page 2 of 12 6 WHEREAS, the Agreement constitutes a final land use action pursuant to RCW 36.70C.020 and is subject to review pursuant to RCW 36.70C.101 et seq. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long -term benefit to both the City and MRFH, the parties hereby agree as follows: II. AGREEMENT Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals are true and correct to the best of their knowledge and are incorporated by this reference as though fully set forth herein. Section 2. Project Description. The project is referred to as "Odin Brewery" and involves a remodel of an existing 12,825- square -foot building previously used for manufacturing, storage and business offices for a glass manufacturing and retail business. This project is located at 402 Baker Boulevard on a parcel 53,504 square feet in size within the Southcenter area, Tukwila's Urban Center, and is identified on Exhibit 1, Project Site Map. The anticipated use of the property includes the manufacturing and storage of beer, a business office, and a small tasting room and retail outlet open to the public, as well as related parking facilities. Redevelopment will consist of tenant improvements, exterior building /architectural improvements, and site improvements. Current zoning regulations govern the manufacturing of beverages and the location of brew pubs. This microbrewery use is not contemplated by the TMC. However, TMC Chapter 18.86 allows the City to use development agreements to provide flexibility to achieve public benefits and respond to changing community needs. Section 3. Statement of Authority and Intent. This agreement is entered into pursuant to the authorization of RCW 36.70B.170 and TMC Chapter 18.86 and is intended and designed to vest this Project under current Governing Regulations, subject to Section 4 herein (Development Standards), for the Vesting Period. Unless this Development Agreement is sooner terminated in accordance with Section 9 hereof, the Vesting Period shall be for a period of three (3) years commencing on the Effective Date (the "Vesting Period "). Section 4. Development Standards: Conditions. 4.1 Intent. The intent of the Development Agreement is to allow the site to be used as a microbrewery. This use, when combined with a tasting room and outdoor seating, furthers the community's vision for Baker Boulevard as an active, pedestrian- oriented corridor serving a future mixed use, higher density neighborhood, and connecting the Mall, bus transit center, and future pedestrian bridge over the Green River with the Tukwila Sounder Commuter Rail /Amtrak Station. In turn, project - related improvements will enhance the overall image and architectural design quality of the Southcenter area, and contribute towards the pedestrian orientation of Baker Boulevard by improving the streetscape via wider sidewalks and landscaping, making access management improvements, and providing safe pedestrian pathways through the parking lot by Page 3 of 12 7 connecting the building's public entrance to the street edge (See Exhibit 2, Preliminary Site Plan). These access, public frontage, site, and architectural design improvements will be further refined during the building permit review process. 4.2 Application of Development Standards. Pursuant thereto and during the Effective Period, the provisions of this Section 4 set forth the development standards that differ from or supplement those standards set forth in the City's development regulations. Accordingly, the following development standards shall apply to and govern and vest the development and use of the Project in lieu of any conflicting or different standards or requirements elsewhere in the TMC. 4.3 Permitted Uses. In addition to those uses permitted in the TUC district in TMC Chapter 18.28, a microbrewery is allowed, providing it meets the following criteria: 4.3.1 Sells beer for consumption on site and for sale in sealed containers; 4.3.2 Produces no more than 15,000 barrels of beer annually; and 4.3.3 Utilizes an air treatment system and/or other machinery so that the brewery meets Puget Sound Clean Air Agency Regulations regarding odors, and that the brewing process does not cause off -site impacts on neighboring properties or create a public nuisance. 4.4 Access and Public Frontage Improvements. MRFH will improve the streetscape, walkability, and accessibility by reducing curb cuts, widening the public sidewalk, and adding street trees. These improvements will be made prior to the issuance of a Certificate of Occupancy. 4.4.1 The site currently has three driveways. The project will close the middle driveway and relocate the western driveway to the west lot line, creating a common driveway with the adjacent parcel. 4.4.2 MRFH will construct a 15 -foot sidewalk, extending from back of existing curb, running the length of the property, and tying into the 15 -foot sidewalk on the east side of the property. Where the sidewalk crosses driveways, the sidewalk shall continue across the driveway at the same elevation or `level'; the driveway shall not "break" the sidewalk network. 4.4.3 MRFH will install new street trees and landscaping on the new public sidewalk on Baker Boulevard. Street tree species will be agreed upon by the City and the developer, and will be planted in landscaped tree wells a minimum 36 square feet in size, located at back of curb. Trees shall be spaced every 20 -30 feet, depending on species and location of underground or at- ground utilities and considering the proximity of existing trees on either side of project. Page 4 of 12 8 4.5 Site Improvements. The project will construct a 15- foot -wide plaza adjacent to the south face of the building that will provide an outdoor seating area away from the street. In addition, the project will construct a wooden fence to screen an outdoor patio located adjacent to the tasting room. The back side of the project site shall be fenced with gates for additional security. A raised crosswalk will connect the public sidewalk to the building's public entrance, providing safe pedestrian access through the parking lot. 4.6 Architectural Design Standards /Improvements. 4.6.1 Transparency. The project will increase transparency in the area between the height of 2 and 10 feet (minimum) along the length of the building facade that faces Baker Boulevard. Darkly tinted glass, mirrored glass, and glass covered by screening sheets, white, or UV protection film will not be used. 4.6.2 Facade Articulation and Modulation. The project will incorporate facade articulation and modulation features that minimize the appearance of the building's length and height and add visual interest. Features will include: (a) Change in building materials or color; (b) Landscaping; and (c) Other alternatives that meet the intent. Section 5. Major and Minor Amendments — Development Agreement. All proposed amendments to the Development Agreement shall be considered in accordance with this Section 5. 5.1 Process. Minor modifications from the approved permits or to the architectural design may be approved in accordance with the provisions of the City's code, and shall not require an amendment to this Agreement. The Mayor may approve any other Minor Amendments to the Development Agreement proposed by the City or Developer and mutually agreed to by the Parties. Such approval shall be in writing and the resulting amendment shall be incorporated into this Development Agreement as an amendment pursuant to Section 5 hereof. The City Council may approve Major Amendments to the Development Agreement in accordance with the same process for approval of the Development Agreement. A Major Amendment to the Development Agreement approved by the City Council, and mutually agreed to by the Parties, shall be incorporated into this Development Agreement as an amendment pursuant to Section 5 hereof. 5.2 Minor Amendment Defined. A proposed amendment to the Development Agreement shall be considered a minor amendment if the proposed amendment does not modify the Governing Regulations or Section 4 (Development Standards; Conditions) hereof, does not materially modify the size or scope of the Project, and does not modify the Vesting Period or term of this Development Agreement. Page 5 of 12 9 5.3 Major Amendment Defined. A proposed amendment to the Development Agreement shall be considered a Major Amendment if the proposed amendment does not constitute a Minor Amendment. 5.4 Determination. An application for a Minor Amendment shall be made to the Mayor. The application shall describe the proposed Minor Amendment in sufficient detail such that the Mayor can determine whether or not the proposal qualifies as a Minor Amendment. If the application does not provide sufficient information, the Mayor may request additional information from the Developer or reject the application. Upon receipt of sufficient information to determine if the proposal set forth in the application constitutes a Minor Amendment, the Mayor shall determine if the proposal constitutes a Minor Amendment. In the event that the Mayor determines that the proposed amendment is a Minor Amendment, the Minor Amendment may be administratively approved by the Mayor. In the event that the Mayor determines that the proposal constitutes a Major Amendment, the Developer shall submit the proposal in accordance with the same process for approval of a Development Agreement, withdraw its proposed amendment, or modify and re- submit its proposed amendment. The determination of the Mayor shall be a final decision. Section 6. Further Discretionary Actions. Developer acknowledges that the Governing Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of permit applications under SEPA. Nothing in this Development Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City and any of its officers or officials in complying with or applying Governing Regulations and the development standards and conditions set forth in Section 4 hereof Section 7. Existing Land Use Fees and Impact Fees. Generally applicable land use fees and impact fees adopted by the City by resolution or ordinance as of the Effective Date of this Agreement may be increased by the City from time to time, and applicable to permits and approvals for the Subject Property. Section 8. Specific Performance. The Parties specifically agree that damages are not an adequate remedy for breach of this Development Agreement, and that the parties are entitled to compel specific performance of all material terms of this Development Agreement by any party in default hereof. Section 9. Termination. This Development Agreement shall expire and/or terminate on the earlier of the termination/expiration provisions set forth as follows: 9.1 This Agreement shall expire and be of no further force and effect if the development contemplated in this Agreement and all of the permits and/or approvals issued by the City for such development are not substantially underway prior to expiration of such permits and/or approvals. Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the City for any development. Page 6 of 12 10 9.2 This Agreement shall terminate either upon the expiration of the Vesting Period identified in Section 3 above or when the Subject Property has been fully developed and all of the Developer's obligations in connection therewith are satisfied as determined by the City, whichever first occurs. 9.3 Upon the abandonment of the Project by the Developer. The Developer shall be deemed to have abandoned the Project if a building permit for construction of the building approved in this Agreement is not submitted to the City within two years of the date of this Agreement. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Development Agreement has been terminated. Section 10. Assignment and Assumption. The Developer shall have the right to sell, assign or transfer this Agreement with all their rights, title and interests therein to any person, firm or corporation at any time during the term of this Agreement. Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the Subject Property, at least 30 days in advance of such action. Section 11. Covenants Running With the Land; Recording. The conditions and covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Development Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Development Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. Section 12. Amendment to Agreement; Effect of Agreement on Future Actions. This Agreement may be amended by mutual consent of all of the parties, provided that any such amendment shall follow the process established for Major and Minor Amendments as set forth in Section 5 hereof. Section 13. Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Development Agreement as provided herein. Section 14. No Third -Party Beneficiary. This Development Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Development Agreement. Page 7 of 12 11 Section 15. Interpretation. The Parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170 et seq., and this Agreement shall be construed to exclude from the scope of this Development Agreement and to reserve to the City, only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. This Development Agreement has been reviewed and revised by legal counsel for both parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Development Agreement. Section 16. Notice. All communications, notices, and demands of any kind that a party under this Development Agreement requires or desires to give to any other Party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the City: City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Attn: Mayor's Office General: 206-433-1850 Fax: 206 - 433 -7191 With a copy to: City Attorney City of Tukwila Kenyon Disend, PLLC 11 Front Street South Issaquah, Washington 98027 -3820 General: 425-392-7090 Fax: 425- 392 -7071 If to Developer to: Kidder Mathews Attn: Alan D. Robertson 12886 Interurban Avenue South Tukwila, WA 98168 General: 206-248-7300 Fax: 206 - 248 -7342 Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered 48 hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. Page 8 of 12 12 Section 17. Excusable Delay (Force Majeure). In addition to specific provisions of this Development Agreement, and notwithstanding anything to the contrary in this Development Agreement, neither Party shall be in default in the performance or the failure of performance of its obligations under this Development Agreement, or in the delay of its performance, where such failure or delay is due to war, insurrection, strikes, lock -outs or other labor disturbances, one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or failures of performance by any governmental authority or utility company (so long as the Party seeking the extension has adequately complied with the applicable processing requirements of such governmental authority or utility company), delays resulting from changes in any applicable laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any governing body with jurisdiction, delays resulting from the weather or soils conditions which necessitate delay, delays resulting from litigation (including suits filed by third parties concerning or arising out of this Development Agreement) or any other cause (lack of funds of Developer, Developer's inability to finance the construction of the Development, and Developer's inability to lease the Improvements, are not causes beyond the reasonable control or without the fault of Developer) beyond the reasonable control or without the fault of the Party claiming an extension of time to perform or an inability of performance. The extension of time for any cause shall be from the time of the event that gave rise to such period of delay until the date that the cause for the extension no longer exists or is no longer applicable, in each case as evidenced by a notice from the Party claiming the extension. An extension of time for the duration of such event will be deemed granted if notice by the Party claiming such extension is sent to the other as to any of the above causes other than Permit Delays, within 10 days from the commencement of the cause and such extension of time is not rejected in writing by the other Party within 10 days of receipt of the notice (such extension of time is referred to herein as "Force Majeure"). Times for performance under this Development Agreement may also be extended in writing by the City and Developer in accordance with Section 5 herein. Section 18. Indemnification. Except as otherwise specifically provided elsewhere in this Development Agreement and any exhibits hereto, each party shall protect, defend, indemnify and hold harmless the other party and their officers, agents, and employees, or any of them, from and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of the party's own officers, agents, and employees in performing services pursuant to this Development Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a Party, the Party whose negligent action or omissions gave rise to the claim shall defend the other party at the indemnifying party's sole cost and expense; and if final judgment be rendered against the other party and its officers, agents, and employees or jointly the Parties and their respective officers, agents, and employees, the Parties whose actions or omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each Party shall indemnify and hold the other Parties harmless only to the extent of that party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. Page 9 of 12 13 Section 19. Applicable Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce the terms of this Development Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs from the non - prevailing Party. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Western Washington. Section 20. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a Party, or successor or assign of Developer, to challenge this Development Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or successor(s) or assign(s). In such event, Developer and/or such successor(s) or assign(s) shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer and/or such successor(s) or assign(s) shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 21. Severability. If any phrase, provision or section of this Development Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Development Agreement is rendered invalid or unenforceable according to the terms of any statute of the State of Washington which became effective after the effective date of the ordinance adopting this Development Agreement, and either party in good faith determines that such provision or provisions are material to its entering into this Development Agreement, that party may elect to terminate this Development Agreement as to all of its obligations remaining unperformed. Section 22. Authority. Each Party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Agreement. Section 23. Exhibits and Appendices Incorporated. Each exhibit attached hereto or referenced is incorporated herein by such reference as if fully set forth herein. Section 24. Headings. The headings in this Development Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. Section 25. Time of the Essence. Time is of the essence of this Agreement and of every provision hereof Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of Washington, then the time period shall be extended automatically to the next business day. Section 26. Dispute Resolution Process. The parties shall use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations. If the Page 10 of 12 14 dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute through mediation before resorting to litigation. The fees for mediation will be borne equally by the parties. Section 27. Entire Agreement. This Development Agreement represents the entire agreement of the parties with respect to the subject matter hereof There are no other agreements, oral or written, except as expressly set forth herein and this Agreement supersedes all previous agreements, oral or written. AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to the Terms of this Development Agreement by signing below: Attest: By: CITY: CITY OF TUKWILA, a municipal corporation By: Christy O'Flaherty, MMC, City Clerk. Approved As To Form: By: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor DEVELOPER: MRFH, LLC By: Mike Flory, Managing Member Page 11 of 12 15 STATE OF WASHINGTON ) )ss COUNTY OF ) On , 20 , before me, the undersigned, a Notary Public, personally appeared JIM HAGGERTON, personally known to me (or proved to me on the basis of satisfactory evidence) as the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. STATE OF WASHINGTON ) )ss COUNTY OF WITNESS my hand and official seal. Printed Name: NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: On , 20 , before me, the undersigned, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. EXHIBITS: Exhibit 1 — Project Site Map Exhibit 2 — Preliminary Site Plan 16 WITNESS my hand and official seal. Printed Name: NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: Page 12 of 12 Exhibit 1 Project Site Map 402 Baker Boulevard Co EXISTING BUILDING BULLRING BUILDING T.P. FY@. 028991100.58 SOB "25 "27'E 250.01' EXIST. COVERED STORAGE EXIST. SCREEN FENCE DUMP/ RECYCL SEXIST. WALL -PAK w (TYP. 5 PLACES) w MEDIUM ROOF 10'x30' LOADING AREA 19' 35' -6' EXISTING BUILDING HIGH ROOF S ENDS HERE NO SETBACK LINE PER PLAI' T1 /68-89 RAISED WALK 480.00' CALC'D LOWER M.N. RELOCATE F.H. RELOCATE EX) 250.01' CACC T. FLAG POLE OASIS OF BEARING 5103 '25'2T'E 1086.95' NE AS 11017.00' PLAt) BAKER BOULEVARD 'PUBLIC 114100r a BUILDING DATA: OFFICE AREA = 600sf MANUFACTURING = 9,585sf STORAGE = 630sf TASTING / RETAIL = 1,130sf TASTING ROOM = 880sf TOTAL BUILDING AREA = 12,825sf PARKING: PRODUCTION OFFICE AREA © 3/1,000 = 2 MANUFACTURING A 1 /1,000= 10 TASTING ROOM @ 1/100 = 20 TOTAL PARKING REQUIRED = 32 TOTAL PARKING SHOWN = 33 ZONING CODE DATA: CODE: 2012 EIBC ZONE: TUC CONSTRUCTION TYPE: III B - -SPRINKLERED OCCUPANCY TYPE: B & F & A -2 SITE AREA: 53,504sf LANDSCAPING 6' FRONT AREA LANDSCAPE 0' SIDE AREA LANDSCAPE LEGAL DESCRIPTION: SEE SHEET Cl .1 SHEET INDEX A 1.0 SITE PLAN /SHEET INDEX /CODE DATA A 2.0 EXISTING FLOOR PLAN A 2.1 FLOOR PLAN A 2.2 LIFE SAFETY PLAN & EXIT PLAN A 2.3 REFLECTED CEILING PLAN A 3.0 ELEVATIONS A 4.0 WALL SECTIONS A 4.1 WALL SECTIONS A 5.0 SCHEDULES A 6.0 RESTROOMS L1.1 LANDSCAPE PLANTING PLAN C 1.1 PAVING PLAN C 1.2 DEMO /EROSIN CONTROL PLAN C 1.3 CIVIL PLAN C 1.4 CIVIL DETAILS & NOTES C 1 ROAD PLAN C 2 ROADWAY DETAILS C 3 ROADWAY NOTES 510 MIX SLOE MW AGGESS0IE PMi00NG STALLS TO 06160 DOOR Exhibit 2 - Preliminary Site Plan e' -6 1 a' ENLARGED H. C. PARKING SLIT' COUNCIL AGI-i,NDA SYNOPSIS Initials AiIeetin<Date Prep6inal by Mayff's revlebt CmmilrebieY) 02/24/14 BM I I Nlolion Aug Date 2-0 03/03/14 BM 00: 0 Oilier .Afi,g Dare C. VII it -;()ItY 141 D 1 blkg Date SPONSOR Council _ A1gyor HR _Finance Fire 1 I IT I 1 1)e'R Police Plf% W. DD SlkiNSolt'S On November 11, 2012, the City Council adopted City Council Ordinance No. 2384, which SuNimARy adopted regulations regarding the protection and preservation of historic landmarks in the City. Only city owned properties were eligible for Landmark Designation. Staff is proposing to remove the requirement that a property be city owned, provided the property owner consents to the Landmark Designation. Rkviovi :1) BY — COW Mtg. Utilities Cmte DATE: 2/11/14 ITEM INFORMATION ITEM No. 4.B. 19 Si . \ IT SPONSOR: BRANDON MILES ORIGINAL AGkm).\ D•vIE: 2/24/14 AcikNDA Ii At Trri.k Historic Landmarks Ordinance St:LISS/011 2/24/14 I I Nlolion Aug Date Resolution Al tg Date IZ Ordinance Alp Dale 3/3/14 Bid lxard ilit,Date Public I-fearing A 11,gDaie Oilier .Afi,g Dare C. VII it -;()ItY 141 D 1 blkg Date SPONSOR Council _ A1gyor HR _Finance Fire 1 I IT I 1 1)e'R Police Plf% W. DD SlkiNSolt'S On November 11, 2012, the City Council adopted City Council Ordinance No. 2384, which SuNimARy adopted regulations regarding the protection and preservation of historic landmarks in the City. Only city owned properties were eligible for Landmark Designation. Staff is proposing to remove the requirement that a property be city owned, provided the property owner consents to the Landmark Designation. Rkviovi :1) BY — COW Mtg. Utilities Cmte DATE: 2/11/14 CA&P Cmte F&S Cmte Transportation Cmte Parks Comm. Planning Comm. COMMITTEE CHAIR: DUFFIE Arts Comm. RECOMMENDATIONS: SIV CommITTIF Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 2/24/14 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 2/24/14 Informational Memorandum dated February 3, 2014 Ordinance in Draft Form Minutes from the Community Affairs and Parks Committee Meeting of 2/11/14 3/3/14 Ordinance in final form 19 20 0 6666660, ,.:,,:,,,,. , , f Tu Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2384 §3, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.60.020, TO REVISE REQUIREMENTS FOR DESIGNATION OF LANDMARKS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 5, 2012, the Tukwila City Council adopted Ordinance No. 2384, which established the City's regulations regarding the protection and preservation of landmarks within the City; and WHEREAS, under Ordinance No. 2384 only City-owned properties are eligible for landmark status; and WHEREAS, the City would like to expand the types of properties eligible for landmark status, provided a property owner consents to the landmark designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 16.60.020, "Landmark Commission," Amended. Ordinance No. 2384 §3, as codified at Tukwila Municipal Code Section 16.60.020, is hereby amended to read as follows: 16.60.020 Landmark Commission A. The King County Landmark Commission established pursuant to King County Code (K.C.C.) Chapter 20.62 is hereby designated and empowered to act as the Landmark Commission for the City pursuant to the provisions of this chapter. B. The Commission shall have the authority to review nominations and designate any real property within the City of Tukwila as a landmark and to issue a Certificate of Appropriateness for any property that has been designated as a landmark, provided the property owner(s) has provided written consent to the landmark designation. C. The special member of the King County Landmark Commission provided for in K.C.C. Section 20.62.030 shall be appointed by the Mayor of the City of Tukwila, subject to confirmation by the City Council. Such special member shall be a Tukwila resident W: Word Process ng\Ordinances\Historic Preserv-expand landmark status 2-25-14 BM:bjs Page 1 of 2 21 who has a demonstrated interest in historic preservation. Such appointment shall be made for a three-year term. In the event that the special member cannot attend a required meeting, the chair of the Planning Commission or Vice-Chair may serve as an alternate Commission member. D. In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term. E. The Commission shall not conduct any public hearings required under this chapter with respect to properties located within the City of Tukwila until the Commission's rules and regulations, including procedures consistent with this chapter, have been filed with the Tukwila City Clerk. All meetings of the Commission shall be open to the public. All public hearings to consider a landmark designation within the City of Tukwila shall be held within the City of Tukwila. F. The Commission shall file its rules and regulations, including procedures consistent with this ordinance, with the Tukwila City Clerk, Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. A I I EST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Historic Preserv-expand landmark status 2-25-14 BM:bjs 22 Page 2 of 2 COUNCIL AGFNDA SYNOPSIS .1/11./ialf Meeting Dale Prepared ny Mayor If review Council reeien) 02/24/14 CF Z ,\io ti 0 11 Altg Dale 3/3/14 I 1 Resolution Alp Dale 03/03/14 CF , i , ' C AT KG ORY ■ D .Altg Date SPONSOR Council Mayor I-IR. DCD 1 I Finance i/o IT I I 1-)&R. Police PIr SPONS()R'S The Fire Department Administration seeks Council authorization to create up to three SUNIMARY pipeline positions in an effort to provide a continuity of service and reduce overall costs. Similar to the Council's authorization for four pipeline positions in the Police Department, this would allow the Fire Department to recruit, hire and train employees when there are known retirements and vacancies. RI,v11.\\'N1) i ' COW Mtg. CA&P CI-me Z F&S Cmtc Transportation Cmtc I 1 Utilities Crnte _ Arts Comm. Parks Comm. I I Planning Comm. DATE: 2/19/14 COMMITTEE Ch AIR: SEAL RECOMMENDATIONS: SPoNsuR/ADNIIN. CoNINTITIEF, Fire Department Unanimous Approval; Forward to Committee of the Whole ITEM INFORMATION ITEM No. 4.C. 23 STAFF SPoNsoR: CHRIS FLORES ORIGINAL AGkNI),\ ID.vIl;: 2/24/14 AGI,NL). \ HEM Ti Itk Fire Department Pipeline Employees i 1' cw sf i 0 n 2/24/14 Z ,\io ti 0 11 Altg Dale 3/3/14 I 1 Resolution Alp Dale Ordinance A Ii, Dale I I I3id Avara A[Jg Date _ Public Ileariq ,lftg Date i I Other AN Date C AT KG ORY ■ D .Altg Date SPONSOR Council Mayor I-IR. DCD 1 I Finance i/o IT I I 1-)&R. Police PIr SPONS()R'S The Fire Department Administration seeks Council authorization to create up to three SUNIMARY pipeline positions in an effort to provide a continuity of service and reduce overall costs. Similar to the Council's authorization for four pipeline positions in the Police Department, this would allow the Fire Department to recruit, hire and train employees when there are known retirements and vacancies. RI,v11.\\'N1) i ' COW Mtg. CA&P CI-me Z F&S Cmtc Transportation Cmtc I 1 Utilities Crnte _ Arts Comm. Parks Comm. I I Planning Comm. DATE: 2/19/14 COMMITTEE Ch AIR: SEAL RECOMMENDATIONS: SPoNsuR/ADNIIN. CoNINTITIEF, Fire Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExiTINDITuRF; RI iiQuilzED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/24/14 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 2/24/14 Informational Memorandum dated 02/10/14 Minutes from the Finance and Safety Committee meeting of 2/19/14 3/3/14 No attachments 23 24 COUNCIL AGENDA SYNOPSIS Initiate Aleetiq Date Prepared H m i'or' rep/ca! Coancr -eview 02/24/14 CF 3/3/14 03/03/14 CF Bid Aniard Mg Date Public Hearing Mg Date Other Mtg Date C:\I'I 0( )RY 11 Difcussion RA/to/joy :\ ti Date AkgDate SP ON SOR Council Mayor HR DCO Finance X Fire IT P&R Policy RIF SPONSOR'S The Fire Department has submitted a grant request to FEMA, to be included for SUMMARY consideration in the 2014 Assistance to Firefighters Grant (AFG) process, and seeks Council approval to accept said grant pending potential subsequent award. REvii\VIT) BY I I COW Mtg. CA&P Cmte Z F&S Cmre I 1 Transportation Cmte Utilities Cmte 1 Arts Comm. Parks Comm, Planning Comm. DATE: 2/19/14 COMMITTEE CI IAIR: SEAL ITEM INFORMATION ITEM No. 4.D. 25 STAFF SpoNsoR: CHRIS FLORES ORIGINAL AGENDA DATk: 2/24/14 AGINuA ITEM Trl]i 2014 FEMA Assistance to Firefighters Grant 2/24/14 3/3/14 — Resolution All,g Date I I Ordinance Mg Date Bid Aniard Mg Date Public Hearing Mg Date Other Mtg Date C:\I'I 0( )RY 11 Difcussion RA/to/joy :\ ti Date AkgDate SP ON SOR Council Mayor HR DCO Finance X Fire IT P&R Policy RIF SPONSOR'S The Fire Department has submitted a grant request to FEMA, to be included for SUMMARY consideration in the 2014 Assistance to Firefighters Grant (AFG) process, and seeks Council approval to accept said grant pending potential subsequent award. REvii\VIT) BY I I COW Mtg. CA&P Cmte Z F&S Cmre I 1 Transportation Cmte Utilities Cmte 1 Arts Comm. Parks Comm, Planning Comm. DATE: 2/19/14 COMMITTEE CI IAIR: SEAL RECOMMENDATIONS: SPoNsoR/ADNHN. CIMYVI'IM Fire Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExpkwiTuRK RI ()_1.1112.1';1) AMOUNT BUDGETED APPROPRIATION REQUIRED $20,593.00 $0.00 $20,593.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/24/14 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 2/24/14 Informational Memorandum dated 2/11/14 AFG Grant Application Minutes from the Finance and Safety Committee meeting of 2/19/14 3/3/14 No attachments 25 26 COUNCIL AGENDA SYNOPSIS Initials --- ------- illeetittg Dale Prepared h Al ir's review Council review 02/24/14 PMC to false alarm fees and adopt new false alarm 03/03/14 PMC Bid /12Pard illt,gDaie Public' Ilearins ,litg Dote Other 'dig Date C,\TI,x;( )107 Discussion g Resolulion I Ordinant? ,\ItgDate Aftg Dale 03/03/14 t\ In, Date 03/03/14 SP( )NS( )R Conned — Ala/or I IR. ITEM INFORMATION ITEM No. 4.E. 27 STAFI SPoNSOR: PEGGY MCCARTHY ORIGEN.11, AGENDA ),\TE: 02/24/14 AGENDA ITI:\ I TITLE Amend Ordinance fee schedule No. 1363 relating to false alarm fees and adopt new false alarm 02/24/14 1 Notion 111/c Dale Bid /12Pard illt,gDaie Public' Ilearins ,litg Dote Other 'dig Date C,\TI,x;( )107 Discussion g Resolulion I Ordinant? ,\ItgDate Aftg Dale 03/03/14 t\ In, Date 03/03/14 SP( )NS( )R Conned — Ala/or I IR. I 1 IT Pea I I Police or DCD F i /um? Lire SP uNS0 it' S Amend Ordinance No. 1363 relating to false alarm fees and adopt a new false alarm fee SUMMARY schedule via Resolution RID n Y■VNI) 13V COW Mtg. CA&P Cmte Utilities Cmte I Arts Comm. DATE: 02/19/14 II F&S Crnte Transportation Cmte Comm. Planning Comm. CHAIR: SEAL Parks COMMITTEE RECOMMENDATIONS: SPoNsuR/ADmIN. CommITIEk Finance Unanimous Approval, Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExpiNDITURE RI (,). JARED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/24/14 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 02/24/14 Informational Memorandum dated 02/12/14 Copy of TMC 8.08.040 Ordinance in Draft Form (version with correction and version from F&S Cmte) Resolution in Draft Form (version with correction and version from F&S Cmte) Minutes from Finance and Safety Committee meeting of 2/19/14 03/03/14 Ordinance and Resolution in final form 27 28 Washington Ordinance No, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1363 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 8.08.040, "FALSE ALARM — FINES," TO INCREASE FINES RELATING TO FALSE ALARMS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 1363 amended Title 8 of the Tukwila Municipal Code; and WHEREAS, Section 1 of Ordinance No. 1363 included Tukwila Municipal Code Section 8.08.040, which established fines for false alarms; and WHEREAS, the fines for police false alarms have not been adjusted since 1985, and the fines for fire false alarms have not been adjusted since 2004; and WHEREAS, it has been determined that false alarm fines should be increased to recover costs associated with responding to false alarms and to encourage alarm owners to reduce the number of false alarms; and WHEREAS, false alarm fines should be reviewed and updated on a regular basis; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 8.08.040 Amended. Ordinance No. 1363 §1 (part), as codified at Tukwila Municipal Code Section 8.08.040, "False Alarm — Fines," is hereby amended to read as follows: 8.08.040 False Alarm — Fines In the event that, in any calendar year, any department of the City receives or responds to a total of more than two false alarms of fire, intrusion, crime or other safety - related emergency at any single place of business, home, vehicle or other premises or place, the owner of said premises or place shall, within 10 days of receipt of written bill W: Word Processing\Ordinances \False alarm fine increased 2 -25 -14 VC:bjs Page 1 of 2 29 therefor, pay to the City the fee charged in accordance with the fee schedule to be adopted by resolution of the Tukwila City Council. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force April 1, 2014. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Office of the City Attorney W: Word Processing \Ordinances\False alarm fine increased 2-25-14 VC:bjs 30 Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 f Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A FALSE ALARM FEE SCHEDULE. WHEREAS, the City has analyzed current false alarm fees; and WHEREAS, fees for police false alarms have not been adjusted since 1985, and fees for fire false alarms have not been adjusted since 2004; and WHEREAS, it has been determined that false alarm fees should be increased to recover costs associated with responding to false alarms and to encourage alarm owners to reduce the number of false alarms; and WHEREAS, false alarm fees should be reviewed and updated on a regular basis; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: False alarm fees will be charged according to the following schedule, which shall supersede any previously adopted false alarm fee or fine and take effect on April 1, 2014: False Alarm Fee First $0 Second $0 Third $150 Fourth and subsequent $200 W: \Word Processing \Resolutions \False Alarm Fee Schedule 2 -25 -14 VC:bjs Page 1 of 2 31 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney W:\Word Processing\Resolutions\False Alarm Fee Schedule 2-25-14 VC: his 32 Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 2 mon City of Tukwila CITY ADMINISTRATOR REPORT The City of opportunity, the community of choice TO: Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: February 26, 2014 SUBJECT: Report for March 3, 2014 Regular Council Meeting Jim Haggerton, Mayor The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Southwest Kinq County Chamber (SWKCC) Membership Luncheon: Councilmembers and staff attended the SWKCC Monthly membership luncheon where Chelsea Levy, Government & Community Relations Officer for Sound Transit provided a project update to those in attendance. • Seattle Annexations: Seattle City Council passed a resolution to go to the voters for the annexation of the Sliver by the River and Area Q (Duwamish Industrial Triangle). In this resolution was also a request to look at the costs and revenues for the entire North Highline Unincorporated area. Tukwila sent a letter to the Seattle City Council members urging them to work together with all the affected governmental agencies prior to moving forward with an annexation by election. North Highline Fire District and North Highline Unincorporated Council also submitted comments to Seattle in opposition of the resolution. Seattle now has up to 180 days to apply for Boundary Review Board approval to put the vote for annexation on November's ballot. • Annexation Mediation: In response to the Seattle City Council Resolution on annexation (see above), the parties who have been part of the ongoing annexation mediation met to discuss the next steps. Representatives from Seattle, King County, Tukwila, Burien, and North Highline Fire District were present at this meeting. Seattle and King County agreed to review the costs and expenditures for the unincorporated areas over the next month. All parties agreed to keep everyone informed as this process continued. • NW Maps: The City of Tukwila hosted the regular monthly meeting of the northwest maps GIS team comprised of staff from a number of cities who are members of e -city gov alliance including Bellevue, Kirkland, Bothell, etc. These cities have combined resources to create a regional web based mapping service. Tukwila staff and residents can look up zoning, environmental and other information online at www,nwmaps, net. II. Community Events • Buffalo Wild Wings Ribbon Cutting: Mayor Haggerton and Councilmembers Duffie, Hougardy and Kruller attended the Buffalo Wild Wings Ribbon Cutting on February 17. Buffalo Wild Wings currently has approximately 2500 employees nationwide with the Tukwila location providing 270 new jobs to our area. 33 City Administrator Report Page 2 III. Staff Updates Public Safety • New K -9 Officer: After successfully completing the physical test and oral board test, Officer Michael Boehmer has been selected as our newest K -9 Officer. Officer Boehmer will be scheduled to attend a training course for new K -9 teams in March, 2014. The process for selecting a new K -9 dog will occur in the near future. Currently, the department is operating with one K -9 team. This team consists of Officer Brent Frank and K -9 Ace. Project Updates • High School Students Job Shadow: The Finance Department and the IT Department have hosted students from Foster High School for the job shadow portion of their senior project. Other departments, like Public Works, are also looking into these opportunities. • Futurewise Comp Plan Grant Assistance: Futurewise has grant funding through Public Health of King County to strengthen the health and equity content in local Comprehensive Plans and to increase community participation in Comp Plan updates, particularly from under - represented populations. We are exploring options to work together in community outreach efforts. • TUC Transit Center /Andover Park West: The contractor has set up pedestrian detour signs, installed erosion control measures, demolished the Firestone canopy, conducted utility potholing, and set up the perimeter fence in front of Westfield Mall. The project will continue with clearing and grubbing; removing the existing bus shelters in front of the mall; demolishing and removing the bus shelter concrete footings, sidewalk and curb; and produce mock -ups for concrete walls and slabs. • Rapid Ride F -Line: Gary Merlino Construction is installing new bus shelters for King County Metro along Southcenter Blvd and West Valley Hwy. Work has started on the two shelters in front of City Hall and will continue into the first week of March. Once the new shelter pads have been poured the sidewalks will be permanently open until King County installs the new shelters. • Foster Point (56" Ave S & S. 133 : Code Enforcement is working with the Public Works Department to resolve a neighborhood sight distance issue at Foster Point. Code Enforcement will be contacting a property owner to request cutback of a bush at the corner of 56th Ave S and S 133rd Street, and "No Parking Anytime" signs are being considered for the South side of 56th Ave S along the new fence line. • Illegal Boarding House at 13204 Military Road South: As part of the city's rental licensing program and code enforcement efforts, an illegal boarding house was found at this address. This included zoning violations and lack of building permits. On February 20 Officer Stetson posted an Emergency Order to vacate this building by February 27, 2014; a Complaint of Unfit Building with a hearing is scheduled for March 7. Information about Relocation Assistance was provided to the current tenants and the landlord. • Teens for Tukwila: World Vision has awarded a $3,000 Featured Partner Grant to Tukwila Parks and Recreation. The grant will provide Youth Empowerment Program (YEP) resources, training, coaching and technical assistance to help equip young people to become agents of change in their communities Community Services • Tukwila Children's Foundation: On February 20 representatives of the City Council, Human Services, the School Board, School District Communications, McKinney -Vento Liaison and community members met with the Tukwila Children's Foundation to discuss homeless and unstably housed families in the community. 34 City Administrator Report Page 3 • Preschool Open House: The Tukwila Parks and Recreation Preschool Open House was held on February 20, 2014. 18 families attended the event and 15 families completed enrollment forms for the 2014 -2015 school year. • Project Feast Traininq Class: Project Feast's first culinary training program started on Monday, February 24, 2014 at TCC. The program meets for 6 weeks, twice a week with professional culinary instructors. At the end of the program students will have learned basic culinary skills necessary for gaining employment in the food and beverage industry and they can work in Project Feast's catering program to gain further hands on experience. • 360 Kiosk & Dr. Seuss Niqht: On February 27, 2014 the official launch of the Heart 360 Kiosk occurred during the annual Dr. Seuss Night event at TCC. The kiosk allows people to monitor health and wellness by performing blood pressure, weight, body mass index and other basic health screenings. IV. Responses to Council /Citizen Inquiries • Marijuana Zoning Issues: In follow -up to Citizen Comments made on January 27, 2014 City Administrator David Cline met with Forest Hurley regarding his retail application for marijuana distribution in Tukwila. They discussed the area that Mr. Hurley is interested in and how it is located outside the City's current allowed zoning area. Mr. Cline stated that the City reviews zoning codes on a semi - annual basis and may re- evaluate the zoning issue at that time. Mr. Hurley was amenable to this. • Cascade View Park: The location of the portable toilet at Cascade View Park has been a concern for one of the Park neighbors. Staff is working with the neighbor and other City departments to resolve the issue. 35 36 Upcoming Meetings & Events March 2014 3rd (Monday) 4th (Tuesday) 5th (Wednesday) 6th (Thursday) 7th (Friday) 8th (Saturday) > Civil Service ➢ Finance & ➢ Equity & Community Commission, Safety Crate, y= Diversity Conversation on Cancelled 5:00 PM Commission, Housing, (Hazelnut Cancelled Neighborhoods and Tukwila International Conference Boulevard Room) ➢s Drop in between Commission, Community 9:30 — 11:30 AM ➢ Utilities Crate, Cancelled Conversation on (Community Center) 5:15 PM Housing, Free snacks and (Foster ➢ Library Neighborhoods and Tukwila childcare provided. Conference Room) Advis International Boulevard gi p} ry B ard, Cancelled 5:30 — 8:00 PM Cancelled, Rescheduled (Showalter to 3/15/14 Middle School ➢ City Council Cafeteria, Regular Mtg., 7:00 PM (Council Chambers) 4628 S. 144th St.) Free dinner and childcare provided. p SUNDAY, Daylight MARCH 9 (at 2:00 AM) Saving Time Begins 10th (Monday) 11th (Tuesday) 12th (Wednesday) 13th (Thursday) 14th (Friday) 15th (Saturday) ➢ Transportation ➢ Community Surface Water > COPCAB, Restore the Council Chat Crate, 5:15 PM (Foster Affairs & Parks Crate, 5:30 PM Management Program (SWMP) Workshop for 6:30 PM ( Duwamish Conference Duwamish Shoreline Challenge 10:00 AM to 12:00 NooN Stop by and informally Conference (Hazelnut 2014 Updates Room) 1:00 — 4:00 PM talk with a Tukwila Room) Conference 5:00 -6:00 PM Meet at the Green City Councilmember Room) (Foster Conference River Trail (ii, about anything on your Room, 6300 BECU Campus mind regarding ➢ City Council Southcenter• Blvd, (12770 Gateway Tukwila. Committee of ➢ Tukwila Suite 100) Drive) Foster Golf Links the Whole Mtg., International For questions, Visit: forterra.org /events Clubhouse (13500 Interurban Ave s) 7:00 PM Boulevard please call Greg at for information & (Council Action Crate, 206- 431 -2442. registration. Rescheduled from Chambers) 7:00 PM 3/8/14 TENTATIVE (Community Center) > Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. > Chamber of Commerce's Tukwila Government and Community Affairs Committee: Quarterly, 12:00 Noon, Chamber Offices. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf. Room. Contact Kim Gilman at 206 -431 -2187. > Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman (206- 431 - 2197). > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf Room. Contact Joyce Tr•antina at 206 - 433 -1850. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf Room Meeting Cancelled. > Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 -767 -2342. > Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf Room >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. > Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf. Room (A) Water Comprehensive Plan. 37 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. March 3 See agenda packet cover sheet for this week's agenda (March 3 2014 Regular Meeting). 10 17 Special Presentation: 24 Special Issues: - Swearing in of Police Officers: Isaiah Harris, Daniel Luebke and Matthew Valdez. - COPCAB Annual Report and Awards. -2013 Police Annual Report and Awards. - Recognition of Chaplain Patterson. Collective Bargaining Agreement. Unfinished Business: Collective Bargaining Agreement. Special Meeting: Authorize the Mayor to sign the Labor Agreement with the International Association of Firefighters (IAFF) Local #2088 for the period of January 1, 2014 through December 31, 2016. Committee of the Whole Meeting to be immediately followed by a Special Meeting April 7 14 Public Hearing: 21 Unfinished Business: 28 Special Issues: Southcenter Plan Review. Special Issues: Southcenter Plan Review. Recommended recipients for the Tukwila City of Opportunity Scholarship. Southcenter Plan Review. 38