HomeMy WebLinkAboutCOW 2011-07-25 COMPLETE AGENDA PACKETTukwila City Council Agenda
COMMITTEE OF THE WHOLE
Jim Haggerton, Mayor Councilmembers: Joe Duff ie Joan Hernandez
Steve Lancaster, City Administrator Dennis Robertson Verna Seal
Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn
EXECUTIVE SESSION 6:00 PM 7:00 PM
Personnel Issue Pursuant to RCW 42.30.110(1)(g)
(60 minutes)
Monday, July 25, 2011, 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
3. PUBLIC HEARINGS a. An ordinance adopting the Development Agreement between the
Pg.1
City of Tukwila and Duane A. Wells and Gertrude A. Wells and Larry
Magone, Executor of the Estate of Val Bain, regarding the development
of a vacant parcel of land located at the intersection of Fort Dent Way
and Interurban Avenue South.
b. Shoreline Master Program (continued from June 27, 2011).
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4. SPECIAL a. Acceptance of Washington State Department of Transportation
Pg.55
ISSUES Regional Mobility Grant for the Tukwila Transit Center.
b. An ordinance adopting the Development Agreement between the
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City of Tukwila and Duane A. Wells and Gertrude A. Wells and Larry
Magone, Executor of the Estate of Val Bain, regarding the development
of a vacant parcel of land located at the intersection of Fort Dent Way
and Interurban Avenue South.
c. Shoreline Master Program ordinances.
Pg.27
Please bring packet materials from 5/11/11 Work Session
and 6127111 Committee of the Whole meeting,
5. REPORTS a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
6. MISCELLANEOUS
7. EXECUTIVE SESSION
S. 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 tukclerk @tukwilawa.gov). This notice is available at
www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio 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.
CO UNcm AGENDA
SYNOPSIS
Initials
ITEM NO.
Meeting Date Prepared by Mr`T viet� Council review
7/25/11 SK
8/01/11 SK
ITEM INFORMATION
CAS NUMBER: 11 -n79 STAFF SPONSOR: SHELLEY KERSLAKE /BOB GIBERSON I ORIGINAL AGENDA DATE: 7/25/11
AGkND.A ITEM Ti =rl,E Ordinance authorizing Mayor to execute development agreement with Wells et al.
C, "17:GORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
A4tg Date 7125111 Mtg Date Mtg Date Mtg Date 8/1/11 Mtg Date Mtg Date 7/25/11 Mtg Date
SPONSOR Council Mayor Attorney DCD Finance Fire IT P&R Police Z PW
SPONSOR'S A development agreement by and between the City'and Duane A. Wells, Gertrude Wells,
SUMMARY and Larry Magone, for the Development of 6700 Fort Dent Way, as part of a settlement of
a dispute related to access rights conferred to the subject property via a 1977 deed with
the City. This development agreement preserves the access rights established via the 1977
deed for a specified period of time. The Council is being asked to conduct a public hearing
and consider and approve the ordinance authorizing execution of the Agreement.
RI 'VI F.WI:ID BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: CONIMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. City Attorney /Public Works
COMMITTEE
COST IMPACT FUND SOURCE
EYPINDITURI3 Rl`UIR17,D AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A
Fund Source:
Comments:
MTG. DATE
7/25/11
MTG. DATE
7/25/11
8/01/11
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 7/20/11
Draft Ordinance
Development Agreement
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Tukwila City Council
FROM: Shelley Kerslake, City Attorney
DATE: July 20, 2011
SUBJECT: Wells Development Agreement
ISSUE
Whether as part of a global settlement of all claims between the City of Tukwila and D. Wells et
al. to resolve disputes regarding access to certain property located at 6700 Ft. Dent Way the
City should enter into a development agreement for the subject property?
BACKGROUND
In 2009, D. Wells, et al. filed suit against the City alleging that certain access rights conferred by
deed in 1977 had been abrogated by the City and thus, compensation for such infringement
was due. The parties mediated this dispute and proposed to resolve the matter, in part, through
the adoption of a development agreement which would vest the property to certain regulations;
thereby preserving the access required by the 1977 deed for specific period of time.
DISCUSSION
The development agreement before the Council for consideration has been negotiated between
the parties and has received approval from the plaintiffs in this matter. There is no budget
impact related to this proposal.
Should the Council not wish to authorize the Mayor to enter into this development agreement,
the case will be reset for trial in the near future and matter will be resolved by a Superior Court
jury.
RECOMMENDATION
It is recommended that after the 7/25/11 Public Hearing, the Council forward this item to the
August 1, 2011 Regular Meeting to adopt the ordinance authorizing the Mayor to execute the
development agreement to finalize the settlement of this matter.
ATTACHMENTS
Draft Ordinance
Development Agreement
3
El
�A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF TUKWILA AND DUANE A.
WELLS AND GERTRUDE A. WELLS, HUSBAND AND WIFE AND
THE MARITAL COMMUNITY COMPRISED THEREOF, AND LARRY
MAGONE, EXECUTOR OF THE ESTATE OF VAL BAIN,
DECEASED, REGARDING THE DEVELOPMENT OF A VACANT
PARCEL OF LAND (KING COUNTY PARCEL NO. 2954900420)
LOCATED AT THE INTERSECTION OF FORT DENT WAY AND
INTERURBAN AVENUE SOUTH; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.70B.170 authorizes the City to enter into "development
agreements" with persons having ownership or control of real property; and
WHEREAS, pursuant to RCW 36.70B.190, this ordinance and the Development
Agreement shall be recorded with the real property records of the county and
WHEREAS, pursuant to RCW 36.70B.200, on July 25, 2011, the City Council held
a public hearing regarding the Development Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Development Agreement Adopted. The Development Agreement
between the City of Tukwila and Duane A. Wells and Gertrude A. Wells, husband and
wife and the marital community comprised thereof, and Larry Magone, Executor of the
Estate of Val Bain, deceased, a copy of which is attached to this ordinance as Exhibit A,
is hereby adopted.
Section 2. 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.
W: Word Processing \Ordinances \Development Agreement -Duane Wells et al
SK:bjs 7 -13 -11 Page 1 of 2
9
Section 3. 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 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
Attachment: Exhibit A Development Agreement
W: Word Processing \Ordinances \Development Agreement -Duane Wells et al
SK:bjs 7 -13 -11 Page 2 of 2
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DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND
DUANE A. WELLS, GERTRUDE WELLS,
AND LARRY NIAGONE, FOR THE
DEVELOPMENT OF 6700 FORT DENT WAY
THIS DF,VELOPMF,NT AGRF.,FMFNT "Agreement is made and entered into
this day of 2011, by and between the CITY OF TIJKWH,A ("City a.
non charter, optional. code Washington municipal corporation, and DUANE A. WELLS
and GERTRUDE A. WELLS, husband and wife; and LARRY MAGONF,, as the
Executor of the estate of Val Bain, deceased "Wells
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 RC W 36.70B.170; and
WHEREAS, Wells owns or controls approximately 1.14 acres of real property
commonly known as "6700 Fort Dent Way" in Tukwila, Washington "the Property")
generally located between the boundaries of the Green River on the northwest; Fort Dent
Way on the southeast; Interurban Avenue on the southwest. The site is shown on the
vicinity map attached hereto as Exhibit 1 and as legally described in Exhibit 2, attached
hereto; and
WHEREAS, Wells and the City executed a Deed and Easement in Lieu of
Condemnation ("1977 Deed in 1977 which granted certain rights and responsibilities
for the parties related to the Property (attached hereto as Exhibit 3); and
WHEREAS, a dispute arose between the parties related to access rights conferred
to and from the Property by the 1977 Deed; and
WHEREAS, Wells filed suit against the City in King County Superior Court
under Cause No. 09 -2- 38319 -7 and
and
WHEREAS, the parties desire to confirm the rights conferred by the 1977 Deed;
WHEREAS, as the result of settlement negotiations, the City has agreed to vest
the Property to the City's current development regulations, specifically including but not
limited to the City's Shoreline regulations in effect as of January 1, 2009, for a period of
10 years as of the effective date of this Agreement and the other terms of the executed
Settlement Agreement between the parties;
DEVELOPMENT AGREEMENT PAGE 1 OF 8
7
WHEREAS, a development agreement must be approved by ordinance after a.
public hearing.
WHEREAS, a public hearing for this Development Agreement was held on
2011 and the City Council approved this Development Agreement by
Ordinance No. on 2011.
WHEREAS, this 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 Wells, the parties hereby agree as follows:
H. AGREEMENT
1. Development Under This Agreement.
The foregoing recitals are agreed and incorporated in this Agreement. The
Property will be developed under the jurisdiction of the City pursuant to the terms and
conditions of this Agreement including the Settlement Agreement, the terms of which are
incorporated herein by reference_ This Agreement sets forth the development standards
and other conditions of development for the Property.
1.1 Scove of Development. Wells proposes to develop a mixed use
development that may include office, retail or restaurant uses.
1.2 Vesting of Development Regulations. Development on the Property as
described in this Agreement shall vest to the following development regulations in effect
on the date of execution of this Agreement (the "Development Regulations for the
Term of this Agreement:
The Tukwila Comprehensive Plan (Ord No. 2070 adopted November 22,
2004, as amended by Ordinance 2218 adopted December 15, 2008); the Tukwila
Zoning Ordinance (Title 18, TMC); the Tukwila Subdivision Ordinance (Title 17,
TMC); Shoreline Master Program designations and pre- designations,
transportation concurrency regulations; storm surface water treatment and
quality, and surface water retention and detention design standards and
ordinances.
Development of the Property shall not be subject, during the Term of this
Agreement, to any amendments to, or replacements of, the Development Regulations
listed above. These are rights vested under state law for purposes of RCW 36.70A.300
(3)(a). The property remains subject to the requirements and entitlements contained in
DEVELOPMENT AGREEMENT PAGE 2 OF 8
the 1977 Deed and this Agreement is not intended and does not modify those rights and
responsibilities.
1.3 Term of Vesting. The vesting described herein shall apply for ten (10)
years from the effective date of this Agreement (the "Term" of the Agreement). For
those development standards not specifically enumerated in this Agreement, the Land
Use Process approvals shall be governed by the City codes and standards in effect upon
the date of complete application and the 1977 Deed.
1.4 Access for Development. Access to any development on the Property shall
be governed by the 1977 Deed and the Settlement Agreement.
1.5 Police Power/Pre- emotion. Nothing herein relieves Wells of any
obligations they may have during the Term to comply with state or federal laws or
regulations of any kind, including but not limited to those related to storm, surface water
and floodplain management. The development shall not be vested against the application
of development standards that are imposed by virtue of state or federal pre emption of the
City's regulatory authority. As provided by RCW 36.70B.170(4), the proposed
development shall not vest against new development regulations to the extent the new
regulations are required by a serious threat to public health and safety.
1.6 International Codes. The International Building Code, International Fire
Code, and other construction codes in effect in the State of Washington as of the date of
the filing of a complete application for a building permit shall apply to all new
development and the redevelopment or modification of existing development.
1.7 FEMA. Wells are obligated to comply with applicable FEMA National
Flood Insurance Program regulations that are in effect at the date of any building, grading
or clearing permit application.
1.8 Optional Regulations. During the Term of this Agreement, Wells may at
their option develop the Property or portions thereof in accordance with new code
provisions or generally applicable standards for that subject adopted after the date of
execution of this Agreement, without the obligation to bring other portions of the
Property into conformance with newly adopted codes or regulations.
2. 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
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.
DEVELOPMENT AGREEMENT PAGE 3 OF 8
F
3. Modifications to Agreement. This Agreement contains all terms, conditions and
provisions agreed upon by the parties hereto, and shall not be modified except by written
amendment executed by both parties. Amendments to this Agreement that materially
modify the intent and policy of the Agreement must be approved by the City Council.
Other amendments may be approved by the City Mayor.
4. General Provisions.
4.1 Governinc Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
4.2 Recording. This Agreement or a memorandum thereof shall be recorded
against the Property as a covenant running with the land and shall be binding on and
inure to the benefit of Wells and their heirs, successors and assigns until this Agreement
expires on its own terms pursuant to Section 1.3.
4.3 Intemretation: Severability.
4.3.1 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 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. If a Development Standard conflicts with an otherwise
applicable provision of the Tukwila Municipal Code, the development standards in this
Agreement shall control.
4.3.2 Severabilitv. If any provisions of this Agreement are determined
to be unenforceable or invalid in a final decree or judgment by a court of law, then the
remainder of this Agreement not decreed or adjudged unenforceable or invalid shall
remain unaffected and in full force and effect. In that event, this Agreement shall
thereafter be modified, as provided immediately hereafter, to implement the intent of the
parties to the maximum extent allowable under law. The parties shall diligently seek to
agree to modify the Agreement consistent with the final court determination, and no party
shall undertake any actions inconsistent with the intent of this Agreement until the
modification to this Agreement has been completed. If the parties do not mutually agree
to modifications within forty -five (45) days after the final court determination, then either
party may initiate the arbitration process under Section 2 for determination of the
modifications that will implement the intent of this Agreement and the final court
decision.
4.4 Authoritv. 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.
DEVELOPMENT AGREEMENT -PAGE 4 OF 8
10
4.5 Exhibits and ADDendices Incorporated. Exhibits 1 and 2 are incorporated
herein by this reference as if fully set forth.
4.6 l leadingss. The headings in this Agreement are inserted for reference only
and shall not be construed to expand, limit or otherwise modify the terms and conditions
of this Agreement.
4.7 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.
4.8 Entire Agreement. This 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.
4.9 Default and Remedies.
4.9.1 Cures Taking More Than. Thirty Days. Except as expressly
provided otherwise in this Agreement, no party shall be in default under this Agreement
unless it has failed to perform as required under this Agreement for a period of thirty (30)
days after written notice of default from any other party. Each notice of default shall
specify the nature of the alleged default and the manner in which the default may be
cured satisfactorily. If the nature of the alleged default is such that it cannot be
reasonably cured within the thirty (30) day period, then commencement of the cure
within such time period and the diligent prosecution to completion of the cure shall be
deemed a cure.
4.9.2 Rights of Non Defaulting Partv. A party not in default under this
Agreement shall have all rights and remedies provided by law or equity, including
without limitation damages, specific performance, or writs to compel performance or
require action consistent with this Agreement.
4.9.3 Attornevs' Fees. In any action to enforce or determine a party's
rights under this Agreement, the prevailing party shall be entitled to attorney's fees and
costs.
4.10 Term. The Term of this Agreement shall be as set forth in Section 1.3
above. Until such time as the City revises the comprehensive plan or development
regulations which apply to the Property during the Term of this Agreement, the goals of
the comprehensive plan and the development regulations to which the project vests will
continue to apply to the Property following the expiration of this Agreement.
4.11 No Third -Partv Beneficiarv. This Agreement is made and entered into for
the sole protection and benefit of the parties hereto and their heirs, successors and
DEVELOPMENT AGREEMENT PAGE 5 OF 8
11
assigns, No other person shall have any lghf :i�f.acti hased :upon any .provis of this
Agreement.
4.12 Interpretation:. This.. 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
Agrecment:
4.13 Notice. All communications,. notices, and demands 'of :any kind that a
party under this Agreement requires or desires to give to any other Marty shall be' in
writing and either :(i) delivered personally, (ii)' sent by faesimile :transmission with 'an
1. 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 Tukwila
6200.8outheenter Boulevard
Tukwila, Washington 98188
Attn: Mayor's: Office and.
Director of Public Works and
Director of Community Development
If to Wells: I3uane A Wells
Port Ludlow, Washington 9.h <1
Notice by hand delivery or :facsimile shall be effective upon receipt, provided. that
notice by facsimile shall. be accompanied by h ailed notice as set forth.heiein and be
evidenced b a machine- printed confirmation of successful transmission, If deposited in
the mail, certified mail, :return receipt iequesled, notice- sliall be deeined delivered forty-
eight :(49) hours after deposited. Any ti4ily at aiiy time by notice to the other party MAY!
designate a different address' or person to which such notice or communication shall be
given.
4.14 13e1 If either party is delayed in the performance of its obligations
under thus Agreement due to 'Force Majeure, then .performance. of those obligations shall
lie excused for the period of delay. For purposcs of this Agreement, economic downturns;
loss in value of the Propetty, inability to obtain or retain financing, do.: not constitute a
force :majeure. event.
4_.15 Indemnification.. Except `as otherwise :specifically provided elsewhere in
this 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,
frdin and against any and all claims, actions, suits liability, loss, costs; expenses, and
damages of any nature whatsoever, which are caused by or result froin:.any negligent act
or _omission of the party's own: officers, agents, and employees in performing services
DEVELOPMENTAGREEMENT PAGE 6" OF 8
12
pursuant to this 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.
4.16 Development of the Property is a Private Undertaking. Development of
the Property is a private development and the City has no interest therein except as
authorized in the exercise of its governmental functions.
In Witness Whereof, the parties have caused this Agreement to be executed,
effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
Date:
Jim Haggerton, Mayor
ATTEST:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
City Attorney
DUANE A. WELLS
Date: 6 s
r
DEVELOPMENT AGREEMENT PAGE 7 OF 8
13
GERTRUDE A. WELLS
c
Date:
LARRY MAGONE, Executor of the
Estate of Val Bain, Deceased
Date:
DEVELOPMENT AGREEMENT PAGE 8 OF 8
y4
GERTRUDE A. WELLS
Date:
LARRY MAGONE, Executor of the
Estate of Val Bain, Deceased
Date:
DEVELOPMENT AGREEMENT PAGE 8 OF 8
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`the Information ine uded on this map has been compiled by Klna County staff from a vanely of sources end is sublact to change without notice. King
County makes no representations or warranties, express or Implied, as to accuracy, compfetoness, timeliness, or rights to the use of such information.
This document Is not intended for use as a survey product. King County shall not be liable for any general, special, Indirect, incidental, or consequential L
damagas including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contalned on this map. Any sale of King County
this map or Information on this map Is prohibited except by written permission of King County.
Oale: 9/7/2010 Source: King County WAP Property Information http: /www.metroke.gov /GISfiMAP)
EXHIBIT 1
16
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Port Dear Park
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LEGAL DESCRIPTION:
THAT PORTION OF VACATED BLOCKS 4 AND 17, AND VACATED STREETS ADJOINING
GUNDAKER'S INTERURBAN ADDITION TO SEATTLE, AS PER PLAT RECORDED IN
VOLUME 14 OF PLATS, PAGE 46, RECORDS OF KING COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT HIGHWAY ENGINEERS STATION P.O.T. (2M) 127 75 ON THE
2M -LINE AS SHOWN ON STATE HIGHWAY MAP OF PRIMARY STATE HIGHWAY NO, 1
(SR 405) GREEN RIVER INTERCHANGE, SHEET 2 OF 4 SHEETS, ESTABLISHED BY
COMMISION RESOLUTION NO. 1192, FEBRUARY 19, 1962;
THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID 2M -LINE TO THE
SOUTHWESTERLY MARGIN OF VACATED KENNEDY STREET, AS SHOWN IN SAID PLAT,
AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTHEASTERLY ALONG SAID RIGHT ANGLE LINE A DISTANCE
OF 140.00 FEET;
THENCE NORTHWESTERLY AND PARALLEL WITH SAID SOUTHWESTERLY MARGIN OF
VACATED KENNEDY STREET NORTH 59 WEST TO THE EASTERLY BANK OF
THE GREEN RIVER;
THENCE SOUTHWESTERLY ALONG SAID BANK TO THE SAID SOUTHWESTERLY MARGIN
OF VACATED KENNEDY STREET;
THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY MARGIN TO THE TRUE POINT
OF BEGINNING;
EXCEPT THOSE PORTIONS THEREOF CONVEYED TO THE CITY OF TUKWILA FOR
SOUTHCENTER BOULEVARD BY DEEDS RECORDED UNDER RECORDING NOS.
7410290105 AND 7708040599;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
EXHIBIT 2
I
DEED AND EASEMENT
IN LIEU OF CONDE1
C DUANE A. W7..I -LS and GERTRUDE A. WFLIS, his wife, and
`i) VAL LAIN, a single woman, hereafter referred to collectively
R
as "Grantors 1 a tlemeat of an inverse
n cons �..,.i.�n o` set
CD
tl• condemnation action in Ring County !'au e No. 815176, do
ti
hereby quitclaim and con%le; to City of Tukwila, a mu iicipal
corporation, Grantee, the .real property and easement inter
e;,�. d (.tscr.ih. ed as Parcels A and B, situate in the
County of King, State of Washington, including any after-
acquired title, on the express terms and conditions as set
orth herein, as follows.:
PARCh;L A (Street and sidewalk parcel)
Grantors yuiF.claim and convey to Grantee. the follow-
ing real ,propezty for a puLl:ic road, side�-:alk, curbs,
Sli.cc�s, underground ;cater, sanitary sewers, power, gas and
telephone utilities, subject to easement recorded under
Aud- itor's File 1170. 710127 -017(5 and subject. to easements and
.restrictions of record, described as follows:
That portion of vacated blocks 4 to 9 inclusive
and blocks 12 to 17 inclusivc of Gundaker's
interurban Addition •co Seattle (Vacated),
according to the plat racordea in volume 14 of
Plats, Page 46, in King County, Washington,
together with.vacacec streets adjoining which
-spon vacation attached to said property by
operation of law, described as follows:
Beginning at the intersection of the centerline
of Interurban Avenue South and Southcenter Boule-
vard at Pias'nington Highway Station 127 +75 on the
'Lei- !Aiic; thence Nor•ch 30 East 78.36 feet,
nose or le�.a; to the south line of Kennedy Street
as dedicated in the plat of Gundaker's Interurban
Addition to Seattle, being the true point of
1';o i::MSE'TAX, NOT RLQUIRED
1 ti ny L "a. ft�cG� �i; ili�:sion
C -4- e l Deputy
f
EXHIBIT 3
18
becrinnincr; thence South 59 1 2'S4" mast along
said South flargin. 29 :feet; thence North
30 °27'76" East 100 feet; thence North
59 °32'54" F ?est 48 feet; thence North 30 °27'06"
East 50 fhet; thence North 59 1 32 1 54" -'Nr. t
1.3 Ieet; 'thence South 30 °2%'06" West 150 feet
to the South 1.L e of said xennedy street;
thelic;! South _=9 1 32'54" East along said South
i.iI *,e 32 feet, more or less to the point of
beginning.
The Grantee aq.raes ',that the landscaping requirements that
1.
0
M
Grantee's ordinance. .nay recyui.rc, as they of ect the Grantors'
northwesterly pa -c•:. of land, shall include as a part of the
Grantors' landscapi:!a requirements the northwesterly two feet
of said Parcel A in computing whether Grantors have satisfied
their landscaping requirements and any trees installed by the
Grantee shall be considered by Grantee in determining whether
Grantors have met all or part of their*' landscaping. requi_remen.ts.
PARCEL B (Utility easement)
Grantors convev and quitclaim to Grantee a permanent
easement to Grantee oven under, through and across the
rollo:L.,g real property:
That portion of vacated.bloc;cs 4 to 9 inclusive
and blocks 12 to 17 inclusive of Gundaker'n
Interurban Addition to Seattle (Vacated) accord-
ing to the plat recorded in volume 14 of Plats,
Page 46, in King County, Washington, together
with vacated streets adjoining which upon vaca-
tion attached to said property by operation of
described as follows:
'Beginning at the intersection of the centerline
of Interurban Avenue South and Southcenter
Boulevard at Washington State Highway Station
127•x75 on the 2M .Line; thence North 30'27'05"
East 78.36 feet, more or less, to the South
line of I:ennedy Street, as dedicated in the
plat of Gundakez's interurban Addition to
Seattle, being the 'true point of beginning;
thence 59 32'54" East along said South
Irargin 43 feet; thence North 30 °27'06" East
100 feet; thence North 59 0 32 1 54" Wept 14 feet;
thence South 30 East 100 feet to the
5out }j line of said Kennedy Street; thence
Morth 59 °32'5 West along said South line 29
feet to the point of beginning.
2
Me
said casement is a utility easement only, and Grantee shall
have the right tc install, maintain, .repair and replace
underground utilities including water, sanitary sewer.;,
power, gas and telephone lines. No permanent structures or
permanent obstructions shall be erected or suffered on said
easement area by or under Grantee, and no permanent structure
of egu.ipment shall-be above. ground surface e::cept for fire
�n hydrants or other siru. :.tres ne• ^essary to the maintenance
O
U and operation of the uti= it provided, however, the above
CO
U ground utility structure and landscaping, if any, shall not
N be located within Grantors' ingress and egress driveways
sr•:,:ving Grantors' real property, Ornntors shall have the
full right to `filize said easement area in any .manner nct
inconsistent with Grantee's use, and to cross same with
utilities necessary to serve Grantors' real, property, and
:;hall have access over, through and across said easement
area for ingress and egress to Grantors' real property and
for Grantors' utilities, driveways and landscaping.
Grantee may from. time to time remove trees, bushes or
ether obstructions within the easement right of way and may
level and grade the right of way to the extent reasonably
necessary to carry out the purposes set forth above;
provided, that following any such work, Grantee shall, to
the extent re'a.sonably practicable, restore the riy_ht of way
to the condition it was immediately priur to such w_rk.
Grantor may undertake any c3rdinary improvements to the
landscaping of the right of way provided that no trees, plants,
or other improvements, shall be placed thereon which would
be unreasonably expensive or impractical for Grantee to
remove and restore.
3
20
Follor-inc is a description of the Grantors' dorainant
ON
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f�
^s t:1te a belle ;iit:f(? by the i:f?rInz CU11L1i_7.0 %q ;?S1Ci Cove 113,11 t'3
of this Deed and Ease.,ent:
The southwest 100 feet:. in width of vacated
blocks 4 to 9 and 12 to 17, inw.lucive of
Gundaker's Interurban Additinn to Se attle, as
per plat recorded in Vol-Lune 14 of Plats on
Page 46, Records of sting County; TOGETHER
WITH adjnin .ng which upon
vacation atttach•zd to said property by apern-
tion of laud;
A strip of land I adjacent and parallel.
to the northeasterly line of the following
descrihc:1 property:
The- south-westerly 100 feet in width of vacated
Blocks 4 to 9 and 12 to 17, inclusive, of
Gundaker.'s Lnterurba.n Addition to Seattle,
as per plat ecorded i.n Volu.me 14 of Plats
on Page 46, :records of Ning Coant'y;
TOGETHER WITH vacated streets adjoining which
upon vacation attached to said property by
operation of law;
Said strip of land being described as follows-
Be-ginning at Highway .Engineer's Station P.O.T.
(2M) 127 +75.0 on the 2?4 line shotm on the State
Highway Map of Primary State Highway No. I
[Sr 405) Green Rilrer Interchange, Sheet 2 of
4 Sheets, established by Commission Res. No.
1192, February 19, 1962; thence northeasterly
at right angles to said 2M -line to a point on
the northeasterly boundary of the above
described property; thence northeasterly along
said northeasterly boundary a d?st of 25
feet to the true point-_ of beginning of this
description; thence continuing north;aester.ly
along said northeasterly boundary a distance
of 100 feet; thence northAe.3terly at right
angles to said northeasterly boundary a
distance of 50 feet; thence southeasterly
parallel to and 50 feet distant from said
northeasterly boundary for a distance of 100
feet; thence souther= •srerly a dis csance of 50
feet, snore o=� less, to the true point of
beginning;
All situate in the City of Tukwila, Couniy or
King, State 'of Washington.
Ind, subject to an easement recorded under.
A,uditor's File Ido. 710127- 07.76,
e :.copting therefrom the real property conveyer to G.antee,
City of Tukwila, described as Parcel. A above, and subject
4
21
C4 j-V `flt 4-1 c;� Lei:
`Or s Parcel G abOvc in t''1s inotl u,me:nL..
it is a cknow le.Uged th- Grantors' Zei.t is
ET
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f;?
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U
divided into two parcels, one parcel being located generally
north'wastai ly G Southcenter Boulevard, and L Parcei bkF inO
located generally iiea_.cer1.Y' of 5outhc•ant'er Boulevard,
Sou _hcen4er roule being located on portion;. of Parcel A
described t,erei,iabeve,
Both of s&.=.d. Grantors' parcels are referred to herein
as "Grantors' property" and Grantors' property shall be
benefited by the covenants and agreements set forth herein
and as wade by the Grantee, City of 'lukvrila, which shall
run with G ?:antors' property, and the burdens of said cove-
nants and agreements shall be burdens upon Parcels A and
A, the real property interest heretofore conveyed by
Grantors to Grantee, and shall run against said land. The
burdens and benefits, covenants and conditions set forth
herein shall. be to the benefit of and binding upon the
Grantors' and Grantee's .respective heirs, successors and
assigns, and shall be deemed benefits and burdens running
with the land, for the benefit of Grantors' real. property
above described.
The terns, conditions, benefits, detriments and cove-
nants that are expressly made a condition of the grant of
real proper_ty interest by Grantors to Grantee as described
in Parcels -A ana B above, are as Follows:
1, The presently existing irrigation water line
constructca by Grantee located on Grantors' real property
locate ;'i or, tfiz north:+est side of Parcel A. above, and
running parallel to Southcenter Boulevard, shall be re-
located by Grantee, at Grantee's Sole cost and expense,
5
22
within 90 days of date hereof to within the area :ascribed
as Parcel A.
2. The presently existing berm and appurte-
0 1
G`
Ln
C)
C)
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nances constructed on Grantors' real property by Grantee,
located c,n Grantors' property located to the northwest of
Parcel n, shall by Grantee and ;:educed to the
grade. of SouthcenteL 6oulevard'within 90 days of date of
this agreement.
3. Gr.o tee herehy quitclaims and conveys to
Grantors, to the extent that Grantee has any Property
interest in said property, art easement for one. ingress and
egress driveway for vehicular traffic no more than 30 feet
in width .90 as to allow ingress and egress on that portion
of Grantors' real property situated northwesterly of South
center Boulevard to the existing Interurban Avenue which
parallels the northwesterly margin of Grantors' real prop-
erty situated northwesterly of 5outhcenter Boulevard, the
exact location of said easement for ingress and egress
cannot be ascertained as of the date hereof so long as said
ingress and egress ?isement driveway is located in an area
30 feet on either side of a point on said Grantors' south-
westerly boundary, to wit.:
North 59 0 32'54" west, 285 feet from the inter-
section of the :enterine of Southcenter Boule-
vard and the extended said Grantors' south
westerly boundary line; provided that said
easement driveway will not cross or interfere
with the existing transit stop as constructed
under Local Improvement bistrit:t No-. 25.
Grantee agrees to the same terms and conditions set forth
herein and agrees to execute such documents, instruments
rind other things necessary or proper to grant such ingress
and egress easement driveway between Grantors' !real prop-
erty and Interurban Averiue; providcd, however, Grantee is
6
23
nc r.'s:ntirscs that iL has any .right to
egress ca sPiT4 -nt driveway to Grantor::
no action to orevel:t Or precluc!e Granto
said ingress and' egr <iss easemont ric;hts
have.
grant such ingress
but it will take
f rocn utilizing
wh ich Grantors ma.
4. Grantors shall have right of ingress and
C.
DO
O
f�-
egres•.s from and to sa_d ''Grantors' real pi_ ope.rty parce
Ocated generzl `:orthv,'e terly and so utheasterly of 501.1'_h-
center Boulevarc: to, on and upon Southcenter Boulevard and
shall have th -e rid;:,._ to have two curb cuts 2/; feet in width,
for access to each oa.rcel off of Southcenter Boulevard to
:,c- :ve c"rantor!i r-aati. property located northwesterly and
southeasterly of Southcenter Flo'ulevard, provided, that said
curb cu.•s are not located within an area 30 feet from the
northwesterly margin. of Interurban Avenue.
5. There will be no assessment made to Grantors
participants in the final assessment roll or City of
Tukwila Local Improvement District no. 25. Grantors shall
pay such other standard charges for water and sewer as are
charged :against property owners for use of such improvements
and servi when requested, including but not 1i -mited to
regulaz and s=dcial connection charges as set forth in
Chapters 14.04 and 14.16 of the Tukwila Municipal Code.
6. Grantee agr ^.es that left turns will be pe--
mitted and authorized by Grantee so that. veh traffic
using Southcenter Boulevard can turn: left onto Grantors`
real property located northwesterly of Southcenter Boule-
vard and southeasterly of Southcenter Boulevard; provided,
that the left turn lane will not be located within 153.36
feet, north 30 °26'6" east of the intersection of the center-
lines of aouthcenter Boulevard and Interurban Avenue South.
-r
01
a cooditi�on of this grant that Grantee e:'� -li co tf:inuc
alJm saie ]left turns to said ❑,operty and small not
�i,rforei, authorize or suffer any act that would pxecLude the
;nahing of ieft turns to Grantors' real. property -zcm Sc�'h-
center Bculevar.d, ,.-.ci`ied, and no lane• divider or other
divice._•s cr channels 11 ne installed oz Sot_thcenter Sou1e-
J� vard that would Pent or impede the rlot of Vehicular or
C.
pedestrian t.Y.afri c in rnaki_nq Left i;urns onto Grantors' real
C7
p;-opert or the free `low of traffic and /or pcdest
r—
t betv:een Grantors' property located northwesterly of South-
cr!nt Bou.lr_•rar0 to the southeasterly port-i.on, or f:•rom the
southeasterly portion of Grantors' property to the north
w'�sterly portion, provided, that lane dividers and/or curbs
_at: be installed within 153.36 feel,, north 30 east of
the intersection of the centerlines of Southcenter Bou'levord
and interurban Avenue South. Grantee will allow a. variance,
if required, for the location of a Curti cut for ingress and
egress driveway on Grantors' southeasterly parcel. adjacent
tc Grantors' northeasterly property lane.
This DEED AND EASEYMNT IN LIEU OF CONDEkVATION and
the agreements, terms, conditions and covenants contained
herein have been entered into between the parties pursuant
to the Findings of Fact and Conclusions of Law �1d Approval
of Settlement heretofore or concurrently entered in Ring
,,ounty Superior Court Cause Igo. 215176, and the terns,
conditions and covenants hereof be construed liberally
to effectuate the intentions and purposes of the parties as
expres-sed herein.
8
25
This instrument is executed and agreed to by and be-
t_weQn the parties this 10th day of June, 1477.
1
GERTi:JDE A. MLLS
0— VPL F,,]:N, a single woman
C? AGREED AVD ACCEPTED: GRANTORS
:a'
CD
Co CITY OF TURWILA,, WP.SHINGTON
O_
Gla
By
Edgai^ D. Bauch, Mayor
ATTEST:
b1a/.ine Anderson, City Clerk
STATE OF WASHINGTON
SS,
County of King
On this day personally appeared before me DUANE A.
WELLS and GERTRUDE P.. WELLS, husband and wife, to me known to
be the .individuals described in and who executed the within
and foregoing instrument and acknowledged to me that they signed
the saltre as their own free act and deed for the uses and purposes
described therein.
GIVEN
UNDER my hand add seal this 1r, day of June,
7 h
41-
y c �tt7'Al2Y PUHLIC i i d for tl-< -S t�g
of Washington, residing at -b °•L
STATE OF -WASHINGTON
ss.
County oL- fling
On this day personally appeared before me VAL RAIN,
to me known to be the individual described in and who executed
26
CO t Ncm AGENDA SYNOPSIS
Initials ITEM
ICAS NUMBER: 11 -064
AGI?ND ITL;M TI1'LL
Meeting Date
Prepared by Mayors review
6/27/11
CL
c
7/25/11
CL
8/01/11
CL
ITEM INFORMATION
STAFF SPONSOR: JACK PACE
Council revieW
ORIGIN;U., AGF.NDi\ DATli:: 6/27/11
Department of Ecology (Ecology) Required Changes to Tukwila Shoreline Master
Program (SMP)
C r1".GORY Discussion Motion Resolution Ordinances BidAavard Public Hearing IVorkSession
Altg Date 6- 2717 -25 Alt g Date Mtg Date A'Ltg Date B /1/11 [lltg Date [l.ftg Date 6- 27/7 -25 Mt Date 5/11/11
SPO NSOR Council Mayor HR DCD Finance .Fire IT P &R Police PI-V
SPONSOR'S Ecology is requiring changes to the City's SMP, adopted 12- 14 -09, and implementing
SUMM; \RY regulations before the SMP can receive state approval. The required changes include
adding: more detailed mapping, a use matrix, an aquatic shoreline environment, sign
standards; modifying certain permitted uses; and clarifying building height standards. A
public hearing was opened on 6 -27 -11 continued to 7 -25 -11 for testimony on the
required changes; after the hearing is closed, staff requests direction on next steps.
RI Xii ;1 vr-,D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 05 -11 -11 WORK SESSION COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Consensus to Move Forward to Public Hearing
COST IMPACT FUND SOURCE
EXPI NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A
Fund Source:
Comments:
MTG. DATE
5/11/11
6/27/11
7/25/11
MTG. DATE
7/25/11
8/01/11
RECORD OF COUNCIL ACTION
Council Work Session on Ecology Required and Recommended Changes to SMP
Public Hearing on SMP ordinances; Council continued Public Hearing to7/25/11
ATTACHMENTS
Informational Memorandum dated 7/20/11
Issues Raised at 6/27/11 Public Hearing, with 3 attachments
Errata Sheet
Housekeeping Items
Please bring packet materials from 5/11/11 Council Work Session 6127111 C.O. W,
27
W
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Members of the City Council
FROM: Jack Pace, Director, Department of Community Development
DATE: July 20, 2011
SUBJECT: Council Public Hearing on Ecology Required and Recommended
Revisions to City Adopted Shoreline Master Program
ISSUE
Should the City adopt new ordinances incorporating the Department of Ecology required and
some recommended changes to the Shoreline Master Program?
BACKGROUND
Adoption of a local jurisdiction's shoreline master program is a joint effort between that
jurisdiction and the Washington Department of Ecology (DOE). After a multi -year process, the
Tukwila City Council adopted a new Shoreline Master Program (SMP) on December 14, 2009.
The SMP was then submitted to the Department of Ecology for its review and approval on
January 22, 2010.
The Department of Ecology conducted its own review process on the City's SMP and then
notified the City of required and recommended changes to the SMP in order to receive state
approval. These changes are generally technical in nature. The City Council held a work
session on May 11, 2011 to review the required and recommended changes. Staff
provided the following materials for that work session:
A Summary of Required Changes to Council Adopted Shoreline Master Program;
A copy of the Department of Ecology Correspondence and Attachments;
A Matrix Comparing the Tukwila Shoreline Master Program with the Ecology Required and
Recommended Changes; and
A copy of the December 14, 2009 Council Adopted Shoreline Master Program with Staff
Recommended Ecology Required and Recommended Changes Incorporated.
A public hearing was opened on June 27, 2011 on four draft ordinances that would incorporate
the Ecology required and some recommended changes. The required and recommended
changes are the same changes that were reflected in the materials the Council received for the
May 11, 2011 work session. One letter was received for the record and three individuals
testified. The public hearing was continued to July 25, 2011. One additional public comment
has been received, and is included in the Council packet.
CL Page 1 of 2 07/20/2011 10:04:00 AM
W: \Long Range Projects \Shoreline \Council Review 2\ Council Info Memo 5 -4 -11
29
July 25, 2011 City Council Public Hearing
Informational Memo
July 20, 2011
DISCUSSION
After the public hearing is closed, the Council has several options:
1. Set a date to adopt all of the Ecology required and some of the recommended changes
to the City's SMP; or
2. Reject the Ecology required and recommended changes to the City's SMP; or
3. Propose alternative language to the Ecology required changes.
Any action other than accepting all of Ecology's required changes will necessitate another round
of review by the Department of Ecology and possibly another public hearing on any additional
proposed changes to the SMP and its implementing regulations.
One approach to addressing corrections to the SMP that go beyond those required by Ecology,
is to accept the Ecology required changes, and then start implementing the SMP. Over the next
year, staff will keep track of items that may need to be adjusted or clarified. These could then
be put together as housekeeping amendments to the SMP to be brought back to the Council.
These housekeeping items include such issues as allowing live aboards under certain
circumstance. A preliminary list of housekeeping items is attached to this memo.
RECOMMENDATION
Hold the continued public hearing on the four new ordinances, close the public hearing and then
provide direction to staff on which, if any, of the options identified above the Council wishes to
take. Forward this item to the August 1, 2011 Regular Meeting for Council action.
ATTACHMENTS
Summary of Issues Raised at 6 -27 -11 Public Hearing and Staff Response with 3
attachments: 10 -6 -09 Memo from Kenyon Disend; 7 -12 -11 Comments received from
Joseph and Richard Desimone; 7 -19 -11 Desimone proposed language revisions
Errata Sheet
Preliminary List of Housekeeping Items Identified To -Date
CL Page 2 of 2 07/20/2011 10:09:00 AM
W: \Long Range Projects \Shoreline \Council Review 2 \Council Info Memo 6 -22 -11
30
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39
.s
ATTACHMENT A TO ISSUE SUMMARY
Michael R. Kenyon
Bruce L Disend
Shelley M. Kerslake
Sandra S. Meadowcroft
Kari L Sand
Chris D. Bache
Margaret J. King
Bob C.Sterbank
Steve 1. Victor
Renee G.Walls
Sara B. Springer
TO: Jim Haggerton, Mayor
Members of the City Council
Rhonda Berry, City Administrator
FROM: Shelley Kerslake, City Attorney
Kari Sand, Assistant City Attorney
DATE: October 6, 2009
RE: Shoreline Master Plan Non conformities and Banking Regulations
As currently proposed, the City's Shoreline Master Plan "SMP update may cause some
existing structures along the Green/Duwamish River to obtain non conforming status under local
zoning regulations. Potentially affected property owners have raised concerns that this non-
conforming status will adversely affect their ability to use their real property as collateral to
obtain credit or loans from banks and other lenders.
I. QUESTION PRESENTED
Whether non conforming status adversely affects a property owner's ability to use his or
her real property as collateral to obtain credit or loans from banks and other lenders.
II. ANALYSIS
To determine whether banks are less inclined to extend credit or issue loans against non-
conforming structures, we inquired at numerous local lending institutions. Most banking
officials we contacted indicated that it is difficult to generalize in this context; however, in terms
of procedure, most banks establish their own set of underwriting guidelines that are reviewed and
updated regularly, typically quarterly. Over the past year, due to the weakened economy, most
underwriting guidelines have steadily tightened, resulting in more stringent loan qualification
criteria and procedures.
There are numerous criteria that banks consider when evaluating loan applications, such
as, the creditworthiness of the applicant, loan -to -value ratios, and whether the applicant has an
established lending history with the bank. Certain "anomalies," such as a non conforming
structure, may fall outside of a bank's loan underwriting guidelines. This does not necessarily
mean, however, that a bank will reject the loan application. The bank may require a zoning
Kenyon Disend, PLLC I The Municipal Law Firm I I I Front Street South I Issaquah,WA 98027 -3820 I Tel: (425) 392 -7090 I Fax: (425) 392 -7071 I www.kenyondisend.com
41
opinion letter, which Tukwila planning staff prepare upon request, to address underwriting
concerns. Examples of underwriting concerns include whether a non conforming structure is
allowed to rebuild after a catastrophic event (e.g., a fire), and whether any timing, square footage
limitations or other zoning restrictions apply in the event of a rebuild scenario. These letters
assist the lender in assessing the risks associated with a particular loan application and are just
one of many factors considered.
III. CONCLUSION
The "bottom line" is that it appears there is no "one- size fits -all" answer in the lending
world, and each bank will apply its own set of criteria based upon a careful review of the unique
facts and circumstances presented by an individual borrower. Thus, creating non conforming
structures through City regulation is not a blanket hindrance to financing. If that were the case,
cities would never change their codes to create non conformities.
Should you have further questions regarding this topic, I may be reached at (206) 433-
1846 or skerslake(u,ci.hikwila.wa.us.
1 There was some testimony at the public hearing regarding a question on loan applications asking whether the
property was conforming or not. No bank confirmed that this was an issue at the application stage. Rather, the
banks indicated that the conformity they were looking at was whether the loan was a jumbo loan or a "conforming
loan."
-2-
F:\APPSICMTUKW1LAWemol EM0 SMP Update Nonconforming structures.doc/MS110 /06104
42
Attachment B Joe Desimone 07/12/11 mtg
With City Staff RECEIVED
SUMMARY OF PROPOSED SMP AMENDMENTS 'JUL 14 2 011'
COMMUNITY
DEVELOPMENT
Modification of Water Oriented Use Preference for Commercial/Industrial Properties
North of 126th: Properties north of 1 -5 that devoted to commercial /industrial uses are not
appropriate for water enjoyment uses. The following amendment provides for consistency
between uses as provided for in Tukwila comprehensive plan policies 11.1.4, 11.1.5. The
amendment also meets the requirement under county planning policy LU -52, b, which
discourages incompatible uses in areas that have been designated manufacturing and Industrial,
centers, MIC
Amend note 8 in the Shoreline Use Matrix, Section 8.3, as follows:
Nonwater oriented uses may be allowed as a permitted use where
the City determines that water dependent or water enjoyment use
of the shoreline is not feasible due to the configuration of the
shoreline and water body except that for industrial/commercial
properties north of 1 -5. the City need only demonstrate that water
dependent uses are not feasible.
Buffer Reduction for Habitat Restoration and Public Shoreline Access: Shoreline properties
with habitat restoration projects or which provide enhanced public shoreline access would be
eligible for a 35% buffer reduction.
Amend Table 3 and Section 7.7 and 7.8 to add the following:
The Planning Director may reduce the standard stream buffer on a
case -by -case basis by up to 35% on a shoreline property on which
a habitat restoration project has been completed or on which the
property owner provides public access that exceeds the public
access standards and incentives in Section 11. So long as the
reduced buffers do not cause any net loss to shoreline functions
and values.
Buffer Reduction for Narrow Properties: Shoreline parcels that would lose a substantial
proportion of their area to the expanded buffers in the SMP would be allowed a 35% buffer
reduction.
Amend Table 3 and Section 7.7 and 7.8 to add the following:
The Planning Director may reduce the standard buffer on a case
by -case basis on non levied properties by up to 35% on a shoreline
parcel in the buffer area exceeds one -third of the total area of the
43
parcel. So long as the reduced buffers do not cause any net loss to
shoreline function and values.
Use of Zoning Code Definition of Accessory Use: The DOE adds a definition of accessory use
that is different than the one in the zoning code. This proposed amendment would replace the
DOE definition with the Tukwila zoning code definition for accessory uses. This amendment
provides for consistency for the definition of Accessory uses within Tukwila's codes
Amend the definition of "Accessory Use" in Section 3 as follows:
Accessory use: An accessory use is a use assoeiated with the
incidental and subordinate to the principle use and located on the
same lot or in the same buildina as the principal use.
use ust. in aa4ffe and eempatible i44th uses in the
inunediate viEinity.
Parking as a Permitted Use: The DOE required use matrix limits parking areas in
commercial /industrial shoreline environments to the minimum necessary to support permitted or
conditional uses. The proposed amendment would restore parking area uses as permitted by the
underlying commercial /industrial zoning.
Amend the Shoreline Use Matrix, Section 8.3, by removing the use category "Parking
Accessory" from the Use Matrix.
Extension of Time to Obtain Permits to Reconstruct Non Conforming Structure
Accidentally Destroyed. The nonconforming uses and structures can be vacant for up to 24
months whereas for a structure that is accidentally destroyed, a permit application must be filed
within 12 months. Economic conditions may require a longer time period for applying for
reconstruction permits. The proposed amendment would make all time periods consistent at 24
months.
Amend Section 14.5(B)(2) as follows:
Should such structure be destroyed by any accidental means the
structure may be reconstructed to its original dimensions and
location on the lot provided application is made for permits within
tN 24 months of the date the damage occurred and all
reconstruction is completed within two years of permit issuance. In
the event that the property is redeveloped, such redevelopment
must be in conformity with the provisions of this SMP.
Attachment C 07/19/11
Desimone Proposed Language Revisions RECEIVED
SUMMARY OF PROPOSED SMP AMENDMENTS JUL' 1 9 2011
COMMUNITY
DEVELOPMENT
Modification of Water- Oriented Use Preference for Commercial/Industrial Properties
North of 126th: Properties north of I -5 that devoted to commercial /industrial uses are not
appropriate for water enjoyment uses. The following amendment provides for consistency
between uses as provided for in Tukwila comprehensive plan policies 11.1.4, 11.1.5. The
amendment also meets the requirement under county planning policy LU -52, b, which
discourages incompatible uses in areas that have been designated manufacturing and Industrial,
centers, MIC
Amend note 8 in the Shoreline Use Matrix, Section 8.3, as follows:
Nonwater- oriented uses may be allowed as a permitted use where
the City determines that water dependent or water enjoyment use
of the shoreline is not feasible due to the configuration of the
shoreline and water body, except that for industrial /commercial
properties north of I -5, the City need only demonstrate that water
dependent uses allowed by the underlining zoning are not feasible.
Buffer Reduction for Habitat Restoration and Public Shoreline Access: Shoreline properties
with habitat restoration projects or which provide enhanced public shoreline access would be
eligible for a 35% buffer reduction.
Amend Table 3 and Section 7.7 and 7.8 to add the following:
The Planning Director may reduce the standard stream buffer on a
case -by -case basis by up to 35% on a shoreline property on which
a habitat restoration project has been completed or on which the
property owner provides public access that exceeds the public
access standards and incentives in Section 11.
So long as the reduced buffers do not cause any net loss to
shoreline functions and values and that the buffer reductions will
not result in any adverse impacts to river. If the existing buffer is
vegetated a buffer enhancement plan may be required to
demonstrate how functions and values of the buffer and river will
be improved. If the buffer is not vegetated or has been disturbed
the enhancement plan shall be required to show how the measures
will improve and enhance the buffers function and values while
providing additional protection to the river. All enhancement plans
are subject to approval of the planning director.
Buffer Reduction for Narrow Properties: Shoreline parcels that would lose a substantial
proportion of their area to the expanded buffers in the SMP would be allowed a 35% buffer
reduction.
Amend Table 3 and Section 7.7 and 7.8 to add the following:
The Planning Director may reduce the standard buffer on a case
by -case basis on non levied properties by up to 35% on a shoreline
parcel in the buffer area exceeds one -third of the total area of the
parcel. So long as the reduced buffers do not cause any net loss to
shoreline function and values and that the buffer reductions not
result in any adverse impacts to the river. If existing buffer is
vegetated a buffer enhancement plan shall be required to
demonstrate how functions and values of the buffer and river shall
be improved. If the buffer is not vegetated or has been disturbed
the enhancement plan shall be required to how the measures will
improve and enhance the buffers functions and values while
providing additional protection to the river. All enhancement plans
are subject to approval of the planning director.
Use of Zoning Code Definition of Accessory Use: The DOE adds a definition of accessory use
that is different than the one in the zoning code. This proposed amendment would replace the
DOE definition with the Tukwila zoning code definition for accessory uses. This amendment
provides for consistency for the definition of Accessory uses within Tukwila's codes
Amend the definition of "Accessory Use" in Section 3 as follows:
Accessory use: An accessory use is a use asseeiatea wit the
incidental and subordinate to the principle use and located on the
same lot or in the same building as the princival use.
use atufe an d at ibl e the
Parking as a Permitted Use: The DOE required use matrix limits parking areas in
commercial /industrial shoreline environments to the minimum necessary to support permitted or
conditional uses. The proposed amendment would restore parking area uses as permitted by the
underlying commercial /industrial zoning.
Amend the Shoreline Use Matrix, Section 8.3, by removing the use category "Parking
Accessory" from the Use Matrix.
Extension of Time to Obtain Permits to Reconstruct Non Conforming Structure
Accidentally Destroyed. The nonconforming uses and structures can be vacant for up to 24
months whereas for a structure that is accidentally destroyed, a permit application must be filed
within 12 months. Economic conditions may require a longer time period for applying for
.N
reconstruction permits. The proposed amendment would make all time periods consistent at 24
months.
Amend Section 14.5(B)(2) as follows:
Should such structure be destroyed by any accidental means the
structure may be reconstructed to its original dimensions and
location on the lot provided application is made for permits within
tw elve 2) 24 months of the date the damage occurred and all
reconstruction is completed within two years of permit issuance. In
the event that the property is redeveloped, such redevelopment
must be in conformity with the provisions of this SMP.
47
W
Errata Sheet
Document Page Correction
SMP 37 Stn bullet duplicates the 7tn bullet
delete 7 bullet.
SMP 75 Use Matrix Commercial, Water
Oriented Uses, Aquatic
Environment Should be an "X"
in this column, not a "P"
Ordinance Revising 5 Same correction as above
TMC 18.44, Shoreline
Overlay District
50
SMP HOUSEKEEPING ITEMS
ITEM DOCUMENT PAGE CORRECTION EXPLANATION
Definitions
FIRM maps
SMP, Section 3
18.06
SMP, Section 4
11
Revise definition of
"accessory use" to
match definition in
zoning code.
Correct text to
reflect current status
of new FIRM
(Flood Insurance
Rate Maps)
21
Remove reference to
moving cross valley
levee in Tukwila
South area
Correct Table 2 to
reflect the addition of
an Aquatic
Environment and its
applicability to
Tukwila
The definition
required by Ecology
goes beyond the
typical definition of
an accessory use
the SMA does not
define accessory use
nor does the WAC
implementing the
SMA.
Technical correction:
FEMA has delayed
adoption of new
Flood Insurance
Rate Maps, so text
should be revised to
be more general in
its reference to the
FIRM.
Technical correction:
Cross valley levee is
not being moved
south to S. 200
street.
Technical correction:
The text in the table is
incorrect since one of
the Ecology required
changes is to add an
Aquatic Environment
to the City's SMP.
Technical correction:
Adding a bullet will
correctly identify the
shoreline
environments in the
City's SMP.
This will remind users
of the SMP of the
shoreline variance
process.
Flood text
Table 2
Section 7.4
Sections 7.7 and 7.8
SMP, Section 4 22
SMP, Section 7 52
SMP, Section 7
SMP, Section 7
53
70 and 72
CPL Page 1 of 3
W: \Long Range Projects \Shoreline \SMP Housekeeping -Post Ecology Approval
Add bullet "Aquatic
Environment" to list
of shoreline
environments in
Tukwila
Add sentence that
acknowledges that the
shoreline variance
process is available
for properties that due
to unusual shape or
configuration cannot
meet specific SMP
07/20/20119:15:43 AM
51
ITEM
Use Matrix
Use Matrix
Use Matrix
Use Matrix
Use Matrix
Permitted Uses
Buffer
SMP, Section 8, 75
18.44.030 N/A
SMP, Section 8 75
TMC 18.44.030 N/A
SMP, Section 8 75
SMP (Sections 8.4,
8.6, 8.8) and
TMC 18.44
Aquatic Environment SMP, Section 8.7
78, 81, 83
N/A
86
CPL Page 2 of 3
W: \Long Range Projects \Shoreline \SMP Housekeeping -Post Ecology Approval
52
ION
bulk, dimensional or
performance
standards.
Under Commercial,
Aquatic Environment
change the "X" to "P"
to permit water
oriented uses in the
Aquatic Environment
Same correction as
above
Revise or remove
footnote 8 from
Permitted Use
categories
Commercial and
Industrial in the
Urban Conservancy
Environment
Same correction as
noted above
Remove reference to
footnote 5 from the
Aquatic Environment,
Essential Public
Facility (Nonwater
Dependent)
Permit recreational
structures larger than
25 sq. ft.
Remove the
prohibition for live
aboards from the
Aquatic Environment
EXPLANATION
This corrects a
typographical error.
ClarifvinR lanl?ualae:
The character of the
Urban Conservancy
Environment is such
that establishing water
oriented uses is
difficult (over
steepened banks or
levees, non navigable
waters) so applying
the test of this
footnote does not
make sense.
Same explanation as
noted above rg
Typo ay hical error:
Footnote 5 states a
use is permitted only
if it is water
dependent by
definition a non -water
dependent essential
public facility is not
water dependent,
therefore application
of this footnote is
incorrect.
25 sq. feet is not large
enough for some
structures that want to
locate in the buffer,
such as a viewing
platform.
TVD0araDhical error:
The prohibition on
live aboards conflicts
with the Use Matrix,
07/20/20119:15:43 AM
SMP HOUSEKEEPING ITEMS
DOCUMENT PAGE CORRECT
SMP HOUSEKEEPING ITEMS
ITEM
Environmentally
Sensitive Areas
Within the Shoreline
Jurisdiction
Public Access
Nonconforming
Structures
DOCUMENT
SMP, Section 10 and
TMC 18.44
SMP, Section 11 and
TMC 18.44
SMP, Section 14.5
C.2.
TMC 18.44
PAGE
SMP 113 -135
SMP 142
SMP 161
CPL Page 3 of 3
W: \Long Range Projects \Shoreline \SMP Housekeeping -Post Ecology Approval
CORRECTION
Housekeeping
corrections to make
this section consistent
with the City's SAO.
Section 11.5 D 1.
Replace "significant"
with the word
"substantial" which is
the correct word to
use per RCW
90.58.320
Revise 14.5 C.2. to
read as follows:
For a nonconforming
structure, special
economic
circumstances prevent
the lease or sale of
said structure within
24 months, or the
aonlication for a
bLiildina nermit within
12 months for
structures destroyed
by anv accidental
means. and
EXPLANATION
which permits live
aboards. The intent
was to permit live
aboards under certain
circumstances,
applying the standards
found in Section
9.9.12 E.
Technical correction:
The City's SAO was
revised by the Council
in 2010 the
environmental
regulations in the
SMP should match
those applied to other
areas of the City.
TVDOSraUhical error:
This is a wording
error from the
Department of
Ecology's required
changes text.
Adding this language
would recognize that
due to special
economic
circumstances it may
not be possible to
apply for a building
permit within 12
months of a
nonconforming
structure being
destroyed. The
applicant would be
required to restore or
enhance the shoreline
buffer in return for
receiving a time
extension.
07/20/20119:15:43 AM
53
54
Co uNcm AGENDA S YNopsis
Initials ITEM 1V0.
Meeting Date Prepared by Mayor w CTlxil review
07/25/11 I BG
08/01/11 I BG I
L4, A
ITEM INFORMATION
I CAS NUMBER: 11 (STAFF SPONSOR: BOB GIBERSON IOI2IGINALAGENDA DATE: 7/ 25/11
AGENDA ITEM TI1LE Tukwila Urban Center Transit Center
Acceptance of State Regional Mobility Grant
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 07125111 Mtg Date 08101111 Mtg Date Mfg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire [:]IT P &R Police PW
SPONSOR'S The City was awarded Washington State Department of Transportation's Regional Mobility
SUMMARY Grant for the right -of -way acquisition and construction of the Tukwila Urban Center Transit
Center. This grant requires a local match of at least 20 which can include; the TOD
grant, mitigation funds from Westfield Southcenter Mall, and City funds. Council is being
asked to formally accept the State's Regional Mobility grant for $4,735,000.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 7/18/11 COMMITTEE CHAIR: 30AN HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 18 2011 CIP)
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
07/25/11
08/01/11
J
I
I MTG.DATEI ATTACHMENTS
07/25/11 Informational Memorandum dated 7/15/11
CIP Pages, 2011 and Draft 2012
WSDOT Grant Agreement with application
Minutes from the Transportation Committee meeting of 07/18/11
08/01/11
55
56
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director..
DATE: July 15, 2011
SUBJECT: Tukwila Urban Center Transit Center
Project No. 90610402
Acceptance of State Regional Mobility Grant
ISSUE
Formal City acceptance of a State Regional Mobility Grant for the Tukwila Urban Center Transit Center.
BACKGROUND
At the October 4, 2010 Transportation Committee, City staff was authorized to submit a grant application
to the Washington State Department of Transportation Regional Mobility program for right -of -way
acquisition and construction of the Tukwila Transit Center Project. Staff submitted various other grant
applications in the past, either directly or jointly with King County Metro. Although they were very
competitive, none had been successful. This grant application was successful and has been incorporated
directly into the Washington State biennial budget. According to CIP Policy #12, staff must get approval
from the full Council before accepting grants.
DISCUSSION
The State's Regional Mobility Grant Program requires a local match of at least 20% of the total cost of the
project, in direct contributions. City funds, mitigation funds from Westfield, and funds from the Transit
Oriented Development (TOD) grant can be used as matching funds. The attached draft 2012 CIP page
shows the current estimated expenditures and schedule.
The State's Regional Mobility Grant also establishes an expected expenditure schedule matching what
was submitted as part of the grant application. That schedule was developed using the best known
information available for the natural timing and progression of the project. Part of the schedule assumed
that the construction of the new Transit Center would be in 2013, making the grant request stretch into
the 2013 -2015 State Biennial Budget.
Quarter
State FYI 1-12 01
State FYI 1-12 02
State FYI 1-12 03
State FYI 1-12 Q4
State FYI 1 -12 Q5
RECOMMENDATION
Expenditure
$200,000
$200,000
$400,000
$100,000
$500,000
Quarter
Expenditure
State FYI 1-12 Q6 I
$1,000,000
State FYI 1 -12 Q7
$500,000
State FYI 1 -12 Q8 I
$1,000,000
State FYI 3-14 Q1 I
$835,000
Total
$4,735,000
Council is being asked to formally accept this grant for the Tukwila Urban Center Transit Center Project
and consider this item at the July 25, 2011 Committee of the Whole and subsequent August 1, 2011
Regular Meeting.
Attachments: 2011 CIP Page
Draft 2012 CIP Page
Grant Agreement with Grant Application as attachment
W' \PW Eng \PROJECTS\A- RW RS Projects \06RW02 Transit Center \INFO MEMO Grant Acceptance Regional Mobility Award.doc
57
gu;
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
Land (R/W)
Const. Mgmt.
2011 to 2016
PROJECT:
Tukwila Urban Center Transit Center Project No 90610402
DESCRIPTION:
Design and construct a transit center for the Tukwila Urban Center (TUC)
1,000
High transit ridership and bus operations warrant conversion of the existing bus stops on Andover Park West
TOTAL EXPENSES
to a transit center The current facilities are inadequate in size and location to serve Metro operations and
JUSTIFICATION:
transit riders. City policy encourages the use of transit, and mitigation dollars and parking supply decisions
FUND SOURCES
have been made based upon the expected improvements to the transit center
Design began in 2006 Construction dependent on funding. The west side of Andover Park West is scheduled to
STATUS:
coincide with the Transit Center and the east side of Andover Park West is in the beyond years
MAINT. IMPACT:
Minimal to moderate, depends on final maintenance agreement with King County Metro
Proposed Grant
TOD grant of $468k with mitigation from Westfield S/C Mall of $500,000 for parking variance. Proposed state
COMMENT:
and federal grants of $4 7m.
FINANCIAL
Through Estimated
(in $000's)
2009 2010 2011 2012 2013 2014 2015 2016 BEYOND TOTAL
EXPENSES
Design
265 5 314 584
Land (R/W)
Const. Mgmt.
1,000
150
150
Construction
5,000
1,000
1,000
TOTAL EXPENSES
265
5 314 1,150
1,150 0 0
FUND SOURCES
500
0
Awarded Grant
1,481
468
7,184
Proposed Grant
1,035
Mitigation Actual
500
Impact Fees
City Oper Revenue
(235)
5 314 682
115 0 0
TOTAL SOURCES
265
5 314 1,150
1,150 0 0
Pro ject Location
2011- 2016 Capital Improvement Program
1,000
1,000
300
600
3,000
5,000
0 4,300
7,184
468
3,700
4,735
500
0
0 600
1,481
0 4,300
7,184
S'
N
WE
D. I
s
20
r
GIS
r
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2012 to 2017
PROJECT: Tukwila Urban Center Transit Center
DESCRIPTION: Design and construct a transit center for the Tukwila Urban Center (TUC)
Project No. 90610402
EXPENSES
Design
Land(R/W)
Const. Mgmt.
Construction
TOTAL EXPENSES
FUND SOURCES
Awarded TOD Grant
Awarded Mob Grant
Mitigation Actual
ROW Donation
City Oper. Revenue
TOTALSOURCES
265 700
343 400 600
150 150
2,400 2,514
608 1,100 3,150 2,664
468
400
500
343
(235) 232
608 1,100
2,000 2,335
0
1,150 329 0 0 0 0 0
3,150 2,664 0 0 0 0 0
Project Location
GIs
965
1,343
300
4,914
7,522
468
4,735
500
343
1,476
7,522
60 2012 2017 Capital Improvement Program 16
High transit ridership and bus operations warrant conversion of the existing bus stops on Andover Park West
to a transit center. The current facilities are inadequate in size and location to serve Metro operations and
JUSTIFICATION:
transit riders. City policy encourages the use of transit, and mitigation dollars and parking supply decisions
have been made based upon the expected improvements to the transit center.
STATUS:
Design began in 2006. Construction schedule is linked to milestones identified in the State Mobility grant.
MAINT. IMPACT:
Minimal to moderate, depends on final maintenance agreement with King County Metro.
TOD grant of $468k with mitigation from Westfield S/C Mall of $500k for parking variance. WSDOT Regional
COMMENT:
Mobility Grant of $4.7m with $3.9m in 2011 -2013 and $835k in 2013 -2015 with a required match of 20% that can
include past expenditures, other grants, and ROW value of land dedicated by Westfield.
FINANCIAL
Through Estimated
(in $000's)
2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL
EXPENSES
Design
Land(R/W)
Const. Mgmt.
Construction
TOTAL EXPENSES
FUND SOURCES
Awarded TOD Grant
Awarded Mob Grant
Mitigation Actual
ROW Donation
City Oper. Revenue
TOTALSOURCES
265 700
343 400 600
150 150
2,400 2,514
608 1,100 3,150 2,664
468
400
500
343
(235) 232
608 1,100
2,000 2,335
0
1,150 329 0 0 0 0 0
3,150 2,664 0 0 0 0 0
Project Location
GIs
965
1,343
300
4,914
7,522
468
4,735
500
343
1,476
7,522
60 2012 2017 Capital Improvement Program 16
State Capital Construction Grant Agreement
WSDOT Regional Mobility Grant Program
Washington State Department of
Transportation
Public Transportation Division
310 Maple Park Avenue SE
PO Box 47387
Olympia, WA 98504 -7387
WSDOT Contact: Mark Eldridge
Contact phone: (360) 705 -7273
Term of Project:
From July 12011 to June 30, 2015
Scope of Project:
As set forth in Exhibit I, Project Scope, Schedule
and Budget, and Attachment A to Exhibit I
Location: As set forth in Exhibit I: Project
Scope, Schedule and Budget and Attachment A
to Exhibit I
Proiect Costs:
2011 -2013 State Funds
2013 -2015 State Funds
Total Grant Funds
Reappropriation from 09 -11 biennium $0
Contractor:
City of Tukwila
6200 Southcenter Blvd.
Suite 100
Tukwila, WA 98188
Contact Person: Cyndy Knighton, Senior Engineer
Contact Phone: (206) 431 -2450
Federal ID 91- 6001519
Project Title:
Tukwila Urban Center Transit Center
Agreement Number: GCA6758
$3,900,000
$835,000
$4,735,000
2011 -2013 Total Grant Funds $3,900,000
Local Match (20% of total project cost) $1,505,400
Total Project Cost $7,527,000
THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter "WSDOT," and
the contractor identified above, hereinafter the "CONTRACTOR," individually the "PARTY" and collectively the
"PARTIES," WITNESSETH THAT:
WHEREAS, pursuant to RCW 47.66.030 the Regional Mobility Grant Program has been established to aid local
governments in funding projects such as intercounty connectivity service, park and ride lots, rush hour transit service,
and other capital projects that improve the connectivity and efficiency of the state's transportation system;
WHEREAS, pursuant to RCW 47.66.040 WSDOT shall select projects based on a competitive process consistent
with local, regional, and state transportation plans, local transit development plans and local comprehensive land use
plans;
WHEREAS, pursuant to chapter 44.48 RCW the Legislative Evaluation and Accountability Program (LEAP)
Committee provides analysis and monitoring of state expenditures, budgets and related fiscal matters and consults with
Legislative committees;
City of Tukwila GCA #6758 Page 1 of 15
61
WHEREAS, the State of Washington in its Sessions Laws of 2011, chapter 367, section 220(4) and (5), provides
Regional Mobility funding through the multimodal transportation account and the regional mobility grant program
account as identified in the budget through its 2011 -2013 biennial appropriations to WSDOT;
WHEREAS, WSDOT Public Transportation Division administers Regional Mobility Grant Program funds to
provide assistance solely for transportation projects as identified in LEAP Transportation Document 2011 -11, as
developed on April 19, 2011;
NOW, THEREFORE, in consideration of the terms, conditions, performances, and mutual covenants herein set forth
and the attached Exhibit I, "Project Scope, Schedule and Budget," IT IS MUTUALLY AGREED AS FOLLOWS:
Section 1
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to provide capital funding to the CONTRACTOR for the design,
acquisition, construction and/or improvements of capital facilities and infrastructure to be used in the provision of
transportation services to persons in the State of Washington, hereinafter referred to as the "Project." Reference to the
"Project" shall include all such capital facilities, infrastructure and/or associated equipment designed, acquired,
constructed, improved or installed under this AGREEMENT.
Section 2
Scope of Project
The CONTRACTOR agrees to perform the work and complete the Project described and detailed in Exhibit I, "Project
Scope, Schedule and Budget" and in accordance with its Attachment A, "Project Application Location and Description
of Work" (hereinafter referred to as "Attachment A and in accordance with the terms and conditions of this
AGREEMENT. By the preceding reference Exhibit I with its Attachment A is fully incorporated herein as if fully set
out in this AGREEMENT. In the event any conflicting terms exist between Exhibit I, "Project Scope, Schedule and
Budget" and Attachment A, Exhibit I, "Project Scope, Schedule and Budget" supersedes and shall prevail over
Attachment A.
Section 3
Term of Project
The Project period of this AGREEMENT shall commence and terminate on the dates shown in the caption space header
titled "Term of Project" regardless of the date of execution of this AGREEMENT, unless terminated as provided herein.
The caption space header titled "Term of Project" and all caption space headers above are by this reference incorporated
herein into the AGREEMENT as if fully set forth in the AGREEMENT.
Section 4
State Review of Project
WSDOT shall review the project identified in this AGREEMENT as Exhibit I, "Project Scope, Schedule and Budget"
and Attachment A, at least semiannually to determine whether the Project is making satisfactory progress. If WSDOT
has awarded funds, but the CONTRACTOR does not report satisfactory activity within one (1) year of the initial grant
award, WSDOT shall review the Project to determine whether the grant should be terminated as provided herein.
Section 5
Project Costs and Minimum Match Requirement
The reimbursable costs of the Project shall not exceed the amount indicated for "State Regional Mobility Grant Funds"
located within the caption space header titled "Project Costs." The CONTRACTOR agrees to expend eligible funds,
together with other funds allocated for the Project, in an amount sufficient to complete the Project as detailed in Exhibit
I, "Project Scope, Schedule and Budget" and Attachment A. The CONTRACTOR is required to provide a minimum
match of funds for the Project as identified in the caption space header titled "Project Costs" in the amount indicated as
"Minimum Matching Funds Required." Eligible matching funds are defined in WSDOT's Guide to Managing Your
Public Transportation Grant, 2011 version, and any amendments thereto, which is by this reference fully incorporated
herein as if fully set out in this AGREEMENT. If at any time the CONTRACTOR becomes aware that the cost which it
expects to incur in the performance of this AGREEMENT will exceed or be less than the amount identified as "Total
Project Cost" in the caption space header titled "Project Costs," the CONTRACTOR shall notify WSDOT in writing
within thirty (30) calendar days of making that determination.
Section 6
Inspection of the Project
62 City of Tukwila GCA #6758 Page 2 of 15
The CONTRACTOR shall inspect the Project pursuant to this AGREEMENT as required during construction and upon
Project completion Upon receipt and acceptance of the Project, the CONTRACTOR agrees that it has fully inspected the
Project and accepts it as being in good condition and repair, and that the CONTRACTOR is satisfied with the Project
and that the Project complies with all regulations, rules, and laws.
Section 7
Use of Park and Ride Facilities
In order to be eligible to receive a Regional Mobility grant during the 2011 -2013 fiscal biennium, a transit agency must
establish a process for private transportation providers to apply for the use of park and ride facilities.
Section 8
Miscellaneous Charges and Conditions
The CONTRACTOR shall pay and be solely responsible for all storage charges, parking charges, late fees, and fines, as
well as any fees and taxes, except applicable state sales or use tax, which may be imposed with respect to the Project by
a duly constituted governmental authority as the result of the CONTRACTOR's use or intended use of the Project. All
replacements, repairs, or substitutions of parts or Project Equipment shall be at the cost and expense of the
CONTRACTOR.
Section 9
Payment
A. State funds shall be used to reimburse the CONTRACTOR for allowable expenses incurred in completing the
Project described in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. Allowable Project expenses
shall be determined by WSDOT as described in WSDOT's Guide to Managing Your Public Transportation Grant, 2011
version, and any subsequent amendments thereto. In no event shall the total amount reimbursed by WSDOT hereunder
exceed the "State Regional Mobility Grant Funds" identified in the caption space header titled "Project Costs."
B. Payment will be made by WSDOT on a reimbursable basis for actual net Project costs incurred within the timeframe
in the caption space titled "Term of Project" less any pre payment discounts, rebates, late penalties and/or refunds. Such
costs to be reimbursed shall be calculated as described in WSDOT's Guide to Managing.Your Public Transportation
Grant, 2011 version, and any subsequent amendments thereto. The CONTRACTOR may submit to WSDOT requests
for partial payment for eligible costs incurred no more than once per month and the CONTRACTOR shall submit to
WSDOT an invoice or financial summary of the activity of the Project at least quarterly. Payment is subject to the
submission to and approval by WSDOT of appropriate invoices, reports, and financial summaries.
C. The CONTRACTOR shall submit an invoice by July 15, 2012, for any unreimbursed eligible expenditures incurred
between July 1, 2011, and June 30, 2012. If the CONTRACTOR is unable to provide an invoice by this date, the
CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the
proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth
in this section. The CONTRACTOR's final payment request must be received by WSDOT by July 15, 2013, within
thirty (30) days of the completion of the Project, or within thirty (30) days of the termination of this AGREEMENT,
whichever is sooner. Any payment request received after July 15, 2013, will not be eligible for reimbursement.
Section 10
Assignments, Subcontracts, and Leases
A. Unless otherwise authorized in advance in writing by WSDOT, the CONTRACTOR shall not assign any completed
Project facilities and/or infrastructure under this AGREEMENT, or execute any contract, amendment, or change order
thereto pertaining to the Project or obligate itself in any manner with any third party with respect to its rights and
responsibilities under this AGREEMENT or lease or lend the Project or any part thereof to be used by anyone not under
the CONTRACTOR's direct supervision.
B. The CONTRACTOR agrees to include Sections 11 through 23 of this AGREEMENT in each subcontract and in all
contracts it enters into for the employment of any individuals, procurement of any materials, or the performance of any
work to be accomplished under this AGREEMENT. It is further agreed that those clauses shall not be modified, except
to identify the subcontractor or other person or entity that will be subject to its provisions. In addition, the following
provision shall be included in advertisement or invitation to bid for any procurement by the CONTRACTOR under this
AGREEMENT:
Statement of Financial Assistance:
City of Tukwila GCA #6758 Page 3 of 15 63
"This AGREEMENT is subject to the appropriations of the State of Washington."
Section 11
Reports and Project Use
A. The CONTRACTOR agrees that the Project shall be used for the provision of transportation services within the area
described in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A for the Project's reporting period of
project term plus four years after the project is complete, as set forth in WSDOT's Guide to Managing Your Public
Transportation Grant, 2011 version, and any subsequent amendments thereto.. The CONTRACTOR further agrees that
it will not use or permit the use of the Project in a negligent manner or in violation of any law, or so as to avoid any
insurance covering the same, or permit the Project to become subject to any lien, charge, or encumbrance. Should the
CONTRACTOR unreasonably delay or fail to use the Project during the project term and reporting period, the
CONTRACTOR agrees that it may be required to refund up to the entire amount of the "State Regional Mobility Grants
Funds" expended on the Project. The CONTRACTOR shall immediately notify WSDOT when any Project facilities
and/or infrastructure is withdrawn from Project use or when the Project or any part thereof is used in a manner
substantially different from that identified in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. If the
Project is permanently removed from transportation services, the CONTRACTOR agrees to immediately notify WSDOT
of its intentions regarding the disposal of the Project or any part of the Project thereof.
B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the period from July 1, 2011, through
June 30, 2013, regarding the progress of the Project and annual performance reports for four calendar years after the
project is operationally complete, as prescribed in WSDOT's Guide to Managing Your Public Transportation Grant
2011 version, and any subsequent amendments thereto or as WSDOT may require, including, but not limited to, interim
and annual reports. The CONTRACTOR shall keep satisfactory written records with regard to the use of Project and
shall submit the following reports to, and in a form and at such times prescribed by WSDOT as set forth in WSDOT's
Guide to Managing Your Public Transportation Grant, 2011 version, and any subsequent amendment thereto.
1. A final inspection report within ninety (90) days following completion of the Project and submission of the final
billing for the Project. The final inspection report shall be submitted to the Public Transportation Director or designee.
2. Reports describing the current usage of the Project and other data which WSDOT may request from the
CONTRACTOR by memos, a -mails or telephone requests.
3. In the event any portion of the Project sustains disabling damage, the CONTRACTOR shall notify WSDOT
immediately after the occasion of the damage, including the circumstances thereof.
4. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may require, such financial
statements, data, records, contracts, and other documents related to the Project as may be deemed necessary by WSDOT.
C. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use the Project or any part thereof in
a manner different from that described in Exhibit I, Project Scope, Schedule and Budget, and Attachment A, as set forth
in Section 2 of the AGREEMENT. If WSDOT determines that the Project has been used in a manner different from
Exhibit I, Project Scope, Schedule and Budget, and Attachment A, WSDOT may direct the CONTRACTOR to repay
WSDOT the State funded share of the "Project Costs." WSDOT may also withhold payments should it determine that
the CONTRACTOR has failed to comply with any provision of this AGREEMENT.
Section 12
Maintenance of the Project
The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it remains in good
and operational condition until the end of its useful life. The useful life of the constructed project will be determined by
using the North American Industry Classification System (NAICS) code tables. All service, materials, and repairs in
connection with the use and operation of the Project during its useful life shall be at the CONTRACTOR's expense.
CONTRACTORS who are transit agencies must also have a Transit Asset Management Plan certified by WSDOT that
details the transit agency's plan to maintain the Project. All other CONTRACTORS must submit a written Maintenance
Plan to WSDOT for approval prior to the occupation and/or operations of the Project. The CONTRACTOR agrees, at a
minimum, to maintain the Project and service or replace parts at intervals recommended in the manuals and/or
instructions provided by the subcontractors and/or component manufacturers, or sooner if needed. The CONTRACTOR
shall have the Project routinely inspected and make arrangements for any appropriate service and repair under the
manufacturer's warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records of all
maintenance and parts replacement performed on the Project in accordance with Section 22, Audits, Inspection, and
Retention of Records. The CONTRACTOR shall provide copies of such records to WSDOT, upon request.
64 City of Tukwila GCA #6758 Page 4 of 15
Section 13
General Compliance Assurance
The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT's Guide to Allanaging Your Public
Transportation Grant, 2001 version, and any amendments thereto. The CONTRACTOR agrees that, WSDOT and/or any
authorized WSDOT representative, shall have not only the right to monitor the compliance of the CONTRACTOR with
respect to the provisions of this AGREEMENT, but also have the right to seek judicial enforcement with regard to any
matter arising under this AGREEMENT. It is understood by the CONTRACTOR that this assurance obligates the
CONTRACTOR and, any transferee of the CONTRACTOR, or said transferee's successor(s), for the term of this
AGREEMENT."
Section 14
Compliance with State Design Standards
The CONTRACTOR agrees the Project design must comply with all Washington State Standard Specifications for
Road, Bridge, and Municipal Construction (www.wsdot.wa.gov/ Publications /Manuals /M41- IO.htm), and any revisions
thereto. Projects that wish to use design standards that differ from state standards must submit a request to WSDOT's
Public Transportation. Division and obtain documented approval before design work commences.
Section 15
No Obligation by the State Government
No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability of WSDOT with
regard to this AGREEMENT without WSDOT's specific written consent, notwithstanding its concurrence in, or
approval of, the award of any contract or subcontract or the solicitations thereof and the CONTRACTOR hereby agrees
to include this provision in all contracts it enters into for the design, acquisition, and construction of facilities and/or
infrastructure related to the Project, or the performance of any work to be accomplished under this AGREEMENT.
Section 16
Ethics
A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any loan, gratuity
or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the CONTRACTOR rent or
purchase any Project equipment and materials from any employee or officer of WSDOT.
B.. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage on a
full, part-time, or other basis during the period of this AGREEMENT, any professional or technical personnel who are,
or have been, at any time during the period of this AGREEMENT, in the employ of WSDOT without written consent of
WSDOT.
.Section 17
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to,
those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping
necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records.
The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW.
Section 18
State and Local Law
Except when a federal statute or regulation pre -empts state or, local law, no provision of this AGREEMENT shall
require the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any other
thing in contravention of state or local law. Thus if any provision or compliance with any provision of this
AGREEMENT violates state, or local law, or would require the CONTRACTOR to violate state or local law, the
CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR
agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the Project.
Section 19
Labor Provisions
Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all
City of Tukwila GCA #6758 Page 5 of 15
65
hours worked in excess of forty (40) hours in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor
Regulations.
Section 20
Environmental Protections and Archeological Preservation
The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW "State Environmental
Policy Act" (SEPA). The CONTRACTOR also agrees to comply with all applicable requirements of Executive Order
05 -05, Archeological and Cultural Resources, for all capital construction projects or land acquisitions for the purpose of
a capital construction project, not undergoing Section 106 review under the National Historic Preservation Act of 1966
(Section 106).
Section 21
Accounting Records
A. Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a separate set of
accounts or separate accounts within the framework of an established accounting system that can be identified with the
Project. The CONTRACTOR agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting
documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to
WSDOT upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project.
B. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to support all allowable
costs charged to the Project, including any approved services contributed by the CONTRACTOR or others, with
properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of
the charges. The CONTRACTOR also agrees to maintain accurate records of all program income derived from
implementing the Project.
Section 22
Audits, Inspection, and Retention of Records
A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the term of the Project and
for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any data, documents, reports,
records, contracts, and supporting materials relating to the Project as WSDOT may require. Project closeout does not
alter these recording and record keeping requirements. Should an audit, enforcement, or litigation process be
commenced, but not completed, during the aforementioned six (6) year period then the CONTRACTOR's obligations
hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process.
B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by WSDOT at
CONTRACTOR's expense. Project closeout will not alter the CONTRACTOR's audit responsibilities.
C. Inspection. The CONTRACTOR agrees to permit WSDOT, and the State Auditor, or their authorized
representatives, to inspect all Project work materials, payrolls, maintenance records, and other data, and to audit the
books, records, and accounts of the CONTRACTOR and its contractors pertaining to the Project. The CONTRACTOR
agrees to require each third party to permit WSDOT, the State Auditor, or their duly authorized representatives, to
inspect all work, materials, payrolls, maintenance records, and other data and records involving that third party contract,
and to audit the books, records, and accounts involving that third party contract as it affects the Project.
Section 23
Permitting
The CONTRACTOR agrees to be solely responsible for all required Federal, State and/or local permitting as related to
the Project.
Section 24
Loss or Damage to the Project
A. The CONTRACTOR, at its own expense, shall cover any loss, theft, damage, or destruction of the Project's
facilities, associated equipment and/or infrastructure using either of the following methods:
1. The CONTRACTOR shall maintain property insurance for facilities, associated equipment and/or infrastructure
adequate to cover the value of the Project; the CONTRACTOR shall supply a copy of the Certificate of Insurance
specifying such coverage to WSDOT with the first request for reimbursement, and supply proof of renewal annually
thereafter; or
2. The CONTRACTOR shall provide a written certificate of self insurance to WSDOT with the first request for
reimbursement, and annually thereafter. The CONTRACTOR will cover from its own resources the costs of repairing or
66 City of Tukwila GCA #6758 Page 6 of IS
replacing any Project facilities, associated equipment and/or infrastructure, if it is stolen, damaged, or destroyed in any
manner.
B. If the damage to the Project does not result in a total loss, payments for damage shall be paid directly to the
CONTRACTOR. The CONTRACTOR shall, within thirty (30) days, either:
1. Devote all of the insurance proceeds received to repair the Project and place it back in service, and the
CONTRACTOR shall, at its own expense, pay any portion of the cost of repair which is not covered by insurance; or
2. In the event the CONTRACTOR certified to self insurance, devote all funds necessary to repair the Project and
place it back into service.
C. If the Project is a total loss, either by theft or damage, the insurance proceeds or equivalent shall be paid directly to
the CONTRACTOR and within fifteen (15) days the CONTRACTOR shall pay WSDOT its proportionate funded share
of such proceeds received. The CONTRACTOR shall within sixty (60) days of loss, theft, or damage, notify WSDOT
that it either:
1. Intends to replace the lost Project facilities, associated equipment and/or infrastructure; or
2. Does not intend to replace the lost Project facilities, associated equipment and/or infrastructure.
D If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or infrastructure then
WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT
received in insurance proceeds.
E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be deemed as
having relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability
section of this AGREEMENT, or otherwise.
Section 25
Limitation of Liability
A. The CONTRACTOR shall indemnify and hold WSDOT, its agents, employees, and officers harmless from and
process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses,
damages, or costs (hereinafter referred to collectively as "claims of whatsoever kind or nature brought against
WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance
or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT,
its agents, employees and officers arising out of, in connection with or incident to the negligent acts omissions of the
CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the
CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent
that claims are caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers. The
indemnification and hold harmless provision shall survive termination of this AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the
CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be employees of
WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's employees
and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically
waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the
provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be
recoverable by the prevailing PARTY.
Section 26
Personal Liability of Public Officers
No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this
AGREEMENT, it being understood that in such matters he or she is acting solely as an agent of WSDOT.
Section 27
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of the Project as it is defined by
this AGREEMENT and any amendments thereto. If the CONTRACTOR solicits advice from WSDOT on problems that
may arise, the offering of WSDOT advice shall not shift the responsibility of the CONTRACTOR for the correct
City of Tukwila GCA #6758 Page 7 of 15 67
administration and success of the Project, and WSDOT shall not be held liable for offering advice to the
CONTRACTOR.
Section 28
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall
not be a waiver of or preclude the exercise of any such right or remedy.
Section 29
Lack of Waiver
In no event shall any WSDOT payment of funds to the CONTRACTOR constitute or be construed as a waiver by
WSDOT of any CONTRACTOR breach, or default. Such payment shall in no way impair or prejudice any right or
remedy available to WSDOT with respect to any breach or default
Section 30
Changed Conditions Affecting Performance
The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other
event, which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT.
Section 31
Agreement Modifications
Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be
mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such amendments shall not be
binding or valid unless signed by the persons authorized to bind each of the PARTIES.
Section 32
Disputes
A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are not resolved by agreement of the
PARTIES, shall be decided in writing by the WSDOT Public Transportation Division's Assistant Director or designee.
This decision shall be final and conclusive unless within ten (10) days from the date of CONTRACTOR'S receipt of
WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the
Public Transportation Division or the Director's designee. The CONTRACTOR's appeal shall be decided in writing by
the Director of the Public Transportation Division within thirty (30) days of receipt of the appeal by the Director of the
Public Transportation Division or the Director's designee. The decision shall be binding upon the CONTRACTOR and
the CONTRACTOR shall abide by the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall continue
performance under this AGREEMENT while matters in dispute are being resolved.
C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person, property, or
right because of any act or omission of the other PARTY or any of that PARTY's employees, agents or others for whose
acts it is legally liable, a claim for damages therefore shall be made in writing to such other PARTY within thirty (30)
days after the first observance of such injury or damage.
D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right
or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or
successively and shall not be construed to be a limitation of any duties, obligations, rights and remedies of the PARTIES
hereto. No action or failure to act by the WSDOT or CONTRACTOR shall constitute a waiver of any right or duty
afforded any of them under this AGREEMENT, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
Section 33
Termination
A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this
AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written
notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination
provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion
to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a
partial termination the portion to be terminated. However if, in the case of partial termination, WSDOT determines that
the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may
68 City of Tukwila GCA #6758 Page 8 of 15
terminate the award in its entirety. PARTIES may terminate this AGREEMENT for convenience for reasons including,
but not limited to, the following:
1. The requisite funding becomes unavailable through failure of appropriation or otherwise;
2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial
results commensurate with the further expenditure of funds;
3. The CONTRACTOR is prevented. from proceeding with the Project as a direct result of an Executive Order of
the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the
President or Governor of the State with respect to the preservation of energy resources;
4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary,
special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order
or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or
5, The State Government or WSDOT determines that the purposes of the statute authorizing the Project would not
be adequately served by the continuation of financial assistance for the Project.
6. In the case of termination for convenience under subsections A.1 -5 above, WSDOT shall reimburse the
CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to
termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the
CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the
same, and dispose of it in the manner WSDOT directs.
B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part,
and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the
CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including:
1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the
procedures of this AGREEMENT would have required the approval of WSDOT;
2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington
state laws, or local governmental laws under which the CONTRACTOR operates;
3. Failure to perform the Projector any part thereof including, but not limited to:
a) Failure to build the Project according to the design specifications and all building code required standards;
b) Failure to remedy all defects in the performance of the Project and correct all faulty workmanship by the
CONTRACTOR or its subcontractors in a timely manner;
c) Failure to take any action which could affect the ability of the Project to perform its designated function or takes
any action which could shorten its useful life for Project use or otherwise; or
d) Failure to make reasonable and appropriate use of the Project real property, facilities, equipment and/or
infrastructure.
4. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers
substantial performance of the Project; or
5. Fails to perform in the manner called for in this AGREEMENT, or fails, to comply with or, is in violation of,
any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth
the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the
CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the
control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: a) allow the CONTRACTOR to continue
work after setting up a new delivery of performance schedule, or b) treat the termination as a termination for
convenience.
C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten
(10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice
of termination will state the time period in which cure is permitted and other appropriate conditions. 'If the
CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the
conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without
any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude
WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default.
D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or
condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach
of that or of any other term, covenant, or condition of this AGREEMENT.
City of Tukwila GCA 96758 Page 9 of 15 69
Section 34
Venue and Process
In the event that either PARTY deems it necessary 'to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior
Court of the State of Washington situated in Thurston County. The PARTIES hereby accept the issuing and service of
process by registered mail at the mailing addresses shown in the caption space header above for CONTRACTOR and
Washington State Department of Transportation. The PARTIES agree that the laws of the State of Washington shall
apply.
Section 35
Subrogation
A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such action as may be necessary or
appropriate to preserve the CONTRACTOR's right to recover damages from any person or organization alleged to be
legally responsible for injury to the Project or other property in which WSDOT has a financial interest.
B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery against any
person or organization for loss, to the extent of WSDOT's loss. Upon assignment, the CONTRACTOR shall execute,
deliver, and do whatever else necessary to secure WSDOT's rights. The CONTRACTOR shall do nothing after any loss
to prejudice the rights of WSDOT.
C. Duties of the Contractor. If WSDOT has exercised its right of subrogation, the CONTRACTOR shall cooperate
with WSDOT and, upon WSDOT's request, assist in the prosecution of suits and enforce any right against any person or
organization who may be liable to WSDOT due to damage to the Project. The CONTRACTOR shall attend hearings and
trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain the
attendance of witnesses as requested by WSDOT.
Section 36
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity
or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if such
remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No
controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except
as herein allowed.
Section 37
Counterparts
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does
hereby accept WSDOT's grant and agrees to all of the terms and conditions thereof.
Section 38
Complete Agreement
This document contains all covenants, stipulations, and provisions agreed upon by WSDOT. No agent or representative
of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement, representation,
promise or agreement not set forth herein or made by written amendment hereto.
Section 39
Execution
This AGREEMENT is executed by the Director, Public Transportation Division, State of Washington, Department of
Transportation or the Director's designee, not as an individual incurring personal obligation and liability, but solely by,
for and on behalf of the State of Washington, Department of Transportation, in the capacity as Director, Public
Transportation Division, or as a designee.
Section 40
Binding Agreement
The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their respective
agency(ies) and/or entity(ies) to the obligations set forth herein.
70 City of Tukwila GCA 46758 Page 10 of 15
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last written below.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
Brian Lagerberg, Director
Public Transportation Division
Date:
(APPROVED AS TO FORM
By:
Susan Cruise
Assistant Attorney General
Date:
CONTRACTOR
By:
Authorized Representative
Title:
Print Name:
Print Title
Date:
City of Tukwila GCA #6758 Page 11 of 15 71
EXHIBIT I
PROJECT SCOPE, SCHEDULE AND BUDGET
I. Project overview
Project Name Tukwila Urban Center Transit Center
New Agreement 6758
2011 -2013 Biennium Grant Amount $3,900,000
Project Manager/ Phone
Lead Agency
Cyndy Knighton (206) 431 -2450
City of Tukwila
LEAP Project Name Tukwila Urban Center Transit Center
Original Grant Award Biennium
Total Project Cost
Former Project Agreement
2011 -2013
$7,527,000
N/A
Financial Partners
City of Tukwila, Westfield (Southcenter Mall)
Il. Project scope summary (based on original grant application)
The Tukwila Transit Center project will eliminate transit inefficiencies, safety problems and expand and
replace the existing, inadequate transit stops located at the intersection of Andover Park West and
Baker Boulevard. The improvements will create a coordinated, high quality bus facility to
accommodate current and future passenger demands, promote transit ridership, provide expanded
capacity for transit service (King County Metro, future Sound Transit Express and Rapid Ride F- Line),
and improve passenger and business safety and security. The combination of all improvements will
enable the Tukwila Transit Center to go beyond addressing existing deficiencies, creating a forward
looking manifestation of the vibrant pedestrian- oriented urban environment envisioned for the Tukwila
Urban Center. The Transit Center will link together the redeveloped Southcenter Mall and the future
Tukwila Urban Center Core along Baker Boulevard. The Transit Center will create a gateway to the
city for transit riders and to the adjacent districts for pedestrians. Efficient transit routing will improve
transit service and support the future Rapid Ride F -line, connecting four designated urban centers:
Burien, SeaTac, Tukwila, and Renton. The site's location at Andover Park West and Baker Boulevard
is the heart of Tukwila's designated Urban Center, one of the Puget Sound Region's core cities.
72 City of Tukwila GCA H6758 Page 12 of 15
III. Milestones Past or planned
(Critical path milestones are in BOLD) completion dates
(mm /yy)
Design 10% complete
Design 30% complete
06109
Design 60% complete
Design 90% complete
I 07/11
Complete environmental documentation
I 07/11
Executive Order 05 -05 compliance
I 07/11
Obtain required permits
I 03112
Land acquired /right -of -way certification
I 01/12
Utilities
Ad date
03/12
Bid date
04/12
Award date
06/12
Construction start date
07/12
Construction 25% complete
11/12
Construction 50% complete
03/13
Construction 75% complete
06/13
Operationally complete I
09/13
Performance assessment plan approved by WSDOT I
08/31/11
Fully complete
12/13
Site inspection visit by WSDOT
12113
IV. 2011 -2013 Regional Mobility Grant
Funding By Phase
PE or design $0
Right of way 800,000
Construction $3,100,000
Total $3,900,000
City of Tukwila GCA #6758 Page 13 of 15 73
IV. Regional Mobility Grant
Expenditure Schedule
2011- 2013 Biennium
Planned Grant
Expenditures
Jul -11
Aug -11
Sep -11
i $200,000
Oct -11
Nov -11
Dec -11
$200,000
Jan -12
Feb -12
Mar -12
I $400,000
Apr -12
May -12
Jun -12
$100,000
Jul -12
Aug -12
Sep -12
$500,000
Oct -12
Nov -12
Dec -12
I $1,000,000
Jan -13
Feb -13
Mar -13
I $500,000
Apr -13
May -13
Jun -13
$1,000,000
2011 -2013 total I
$3,900,000
2013 -2015 Request* $835,000
`will be included in 2013 -2015 recommended project list provided to the
Legislature and Governor in the 2013 -2015 budget process.
74 City of Tukwila GCA #6758 Page 14 of 15
Attachment A
to Exhibit I
Project Application,
Location and Description of Work
City of Tukwila GCA #6758
Page 15 of 15
75
x
M Washington State
Department of Transportation
Project Title
Tukwila Urban Center Transit Center
Lead Agency
City of Tukwila
Project Manager
Cyndy Knighton
Senior Engineer
1. Project Summary
2011 -2013 Regional Mobility Grants
Total Dollar Amount of Grant Request
$4,735,000
Total Dollar Amount of Project
$7,527,000
Project Financial Partners
City of Tukwila
Westfield (Southcenter Mall)
Summarize the problem in relation to both the local public transportation system and the broader
regional transportation system (include the location and the specific congested corridor or situation).
Current Metro bus routes must make out of direction travel to serve the the Tukwila Transit Center (Southcenter Mall). A full service on- street transit
center with mirrored stops for bi- directional service must be built in Tukwila to support efficient BRT operation as well as improve safety and
operation of standard transit service. Metro has increased frequencies of the two major service routes: Route 140 (future Rapid Ride F -line) and
Route 150 with 15 minutes headways but not expanded the capital facilities to support these service commitments. The 3,000 daily customers who
use the facility do not have sufficient area to stand or sit without encroaching on adjacent private property due to the substandard facility. Only two
standard Metro shelters provide inadequate cover for existing bus patrons. The Rapid Ride F•Line, which will connect Sound Transit's LINK and
Sounder /AMTRAK stations in Tukwila to the Renton and Burien Park and Ride lots will begin service in 2013 and will connect to the major trunk
route (Rt 150) in South King County at the Tukwila Transit Center. An improved Tukwila Transit Center is needed to provide a facility that will
support the BRT which in turn will provide a frequent transportation alternative to the congested 1405 /SR 518 corridor as well as provide an
improved connectivity and efficiency point for bus routes between Seattle and all of South King County.
Summarize how the proposed grant project addresses the problem.
The Tukwila Transit Center project will eliminate transit inefficiencies, safety problems and expand and replace the existing, inadequate transit stops
located at the intersection of Andover Park West and Baker Boulevard. The improvements will create a coordinated, high quality bus facility to
accommodate current and future passenger demands, promote transit ridership, provide expanded capacity for transit service (King County Metro,
future Sound Transit Express and Rapid Ride F- Line), and improve passenger and business safety and security. The combination of all
improvements will enable the Tukwila Transit Center to go beyond addressing existing deficiencies, creating a forward- looking manifestation of the
vibrant pedestrian- oriented urban environment envisioned for the Tukwila Urban Center. The Transit Center will link together the redeveloped
Southcenter Mall and the future Tukwila Urban Center Core along Baker Boulevard. The Transit Center will create a gateway to the city for transit
riders and to the adjacent districts for pedestrians. Efficient transit routing will improve transit service and support the future Rapid Ride F -line,
connecting four designated urban centers: Burien, SeaTac, Tukwila, and Renton. The site's location at Andover Park West and Baker Boulevard is
the heart of Tukwila's designated Urban Center, one of the Puget Sound Region's core cities.
Annual Vehicle Trip Reduction Annual Vehicle Miles Traveled Reduction
E
245,180 In Year 1 2,395,900 In Year 1
453,700 (Tukwila) 2,229,240 (System) In Year 4 4,434,300 (Tukwila) 22,189,700 (System) In Year 4
77
Adft
Washington State
�A® Department of Transportation
Readiness Checklist
Design complete
Environmental permits applied for?
approved?
Building permits applied for?
approved?
2. Readiness to Proceed
2011 -2013 Regional Mobility Grants
30%
Yes 0
Yes 0
Executive Order 05 -05 compliance applied for? Yes 0
approved?
Land /right -of -way acquired
Construction complete
RFP (or IFB) published?
Or other agency procurement identified?
Vendor selected?
Yes
0%
No
No
I
No
No 0
Yes Q
No
Yes 0
No
Yes 0
No
Additional Information
The ROW required for this project is partially acquired. Part of the matching funds come from the land value of ROW
already dedicated to the City of Tukwila by the Westfield Corporation, owners of Southcenter Mall. Additional ROW is still
needed from two property owners.
3. Project Description (one page)
2011 -2013 Regional Mobility Grants
The Tukwila Transit Center project will replace the existing, inadequate transit stops located near the intersection of
Andover Park West and Baker Boulevard in the City of Tukwila with an expanded, high quality Transit Center to
accommodate current and future passenger demands, promote transit ridership, provide expanded capacity for transit
service include King County Metro's Rapid Ride F -line (BRT) and future Sound Transit Express, and improve passenger
and business safety and security. Work will include construction of:
1. New northbound and southbound stops and bus bays along Andover Park West. The existing in -line and pull -out stops
in the northbound and southbound directions will be replaced by 2 -bay and 3 -bay stops.
2. A new curbside stop to replace the existing stop on Baker Boulevard (eastbound direction).
3. BRT electronic "real time" signage and ORCA/ticketing system as well as other route and transit system signage.
4. Enlarged passenger shelters and passenger amenities for all stops.
5. Enhanced lighting and other treatments to improve rider safety, security, and comfort using Crime Prevention Through
Environmental Design (CPTED) principles.
6. New security systems (emergency call station and potentially closed circuit television) to further improve rider safety.
7. Landscaping and other treatments to reduce impacts between the transit zones and neighboring properties.
8. Increased sidewalk area and improved accessibility for waiting and mobility at the Andover Park West/Baker
Boulevard intersection to support safe and efficient pedestrian movements, and mitigate current pedestrian safety issues.
The project has been designed to coordinate with a recent expansion of the Southcenter shopping mall immediately to
the west of the site, and will promote safe and efficient pedestrian movements to /from that location. The project is also
designed to be integrated with the future redevelopment of Tukwila's Urban Center Core to the east of the site, and is a
necessary component of meeting travel demand management requirements for the Tukwila Urban Center as a whole.
The Tukwila Transit Center has been designed to accommodate the Rapid Ride F -line, scheduled for implementation in
September 2013, and is considered critical to the success of that BRT route.
The purpose of the Tukwila Transit Center is two -fold. First, the development of the Tukwila Transit Center will directly
address the issues noted above with respect to the current transit stops. Second, the Tukwila Transit Center will be a first
step towards implementing the future envisioned for the Tukwila Urban Center of a vibrant, pedestrian- oriented
live /work/play urban core, setting the standard for quality redevelopment and catalyzing implementation of the larger
vision.
Transit zones will be expanded in length and width, providing ample area for transit operations and waiting passengers.
These improvements will enable accommodation of anticipated growth for the foreseeable future, including the future
Rapid Ride F -line.
Pedestrian safety and convenience will be considerably enhanced. The walk distance for riders transferring between
routes at the northbound and southbound stops will be reduced by 300 feet. The designated crosswalks will be located in
the direct line of travel between the two stops, substantially reducing the motivation to jaywalk. Enhanced pedestrian
crossing facilities at the Andover Park West /Baker Boulevard intersection will further improve pedestrian safety and
convenience.
Crime and safety concerns will be addressed through improved lighting, implementation of security technologies,
removal of problematic items such as the existing payphones, incorporation of shelter and landscape design that does
not impede visibility, and creation of an attractive and easily maintainable waiting environment. These design treatments
will be complemented by increased cooperative enforcement by Tukwila and Metro Transit police.
The Transit Center boundaries will be clearly defined with landscaping and a low, attractive fence marking the edge
between public and private property. This buffer will enhance the waiting environment while channeling transit riders to
designated waiting areas and pedestrian paths.
Two shelters will be provided per bus bay along with ample individual seating. Together, high quality new shelters,
passenger amenities, and landscaping will significantly increase the comfort of waiting passengers, encouraging transit
use by new and existing riders.
79
4. Maps
2011 -2013 Regional Mobility Grants
Please provide relevant addresses and cross streets.
Andover Park West, near Baker Boulevard and Baker Boulevard just east of Andover Park West in
Tukwila.
F
Due to unfortunate limitations with Adobe Acrobat 9, maps cannot be attached to this page. If
you plan on submitting an application electronically, please include the following maps as a PDF
attachment separate from the grant application.
All applicants submitting a hard copy of the grant application must include hard copies of the
maps as well.
Please provide the following maps:
Regional location map
Engineering drawing or site map(s)
An aerial image of the project site(s)
:1
Tukwila Transit Center Vicinity Map
S E
Des Moines
Project Location
Tukwila Urban Center
Kent
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86 Potential Routing Options for RapidRide F Line
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Route 247
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86 Potential Routing Options for RapidRide F Line
1NuNngtan State
Department of T'ransportatlon
5. Location of Identified Bottlenecks,
Chokepoints, or Congested Corridors
on the State Highway System
2011 -2013 Regional Mobility Grants
Locations of Identified Bottlenecks,
Chokepoints or Congested Corridors on
the State Highway System
2007 -2026 Highway System Plan.
The entire plan may be viewed at httn:// www .wsdot.wa.izov /Diannina /HSP.htm.
This page is only a placeholder. There is nothing to rill out for
Sectio>« 5.
77 Washington State
A# Department of Transportation
Identified Bottleneck or Chokepoint
State Route and description of beginning ending location:
SR 518 from SR 509 to 1 -5 (MP 0.00 to 3.81)
1 -405 from 1 -5 to SR 167
6. Impact on Congested Corridors
20112013 Regional Mobility Grants
Level of Service
Be prepared to provide documentation if requested.
LOS C to LOS F, depending on location within the larger
corridor
Describe the congestion problems your proposal addresses. The explanation should relate the project
to both the public transportation system and the broader regional transportation system and should clearly
demonstrate the connection between the problem and your proposal.
The future Rapid Ride F -line project, which is scheduled to begin revenue service in September 2013 will provide a parallel route and a
transportation alternative in the congested SR 518/1 -405 and 1 -5 corridors. The improvements that accompany the implementation of the Rapid
Ride F -line service will reduce the duration of each bus trip by seven minutes in each direction, Service will increase to all -day two -way frequency,
further reducing average passenger wait time. The route links regional transportation facilities Sound Transit's Link and Sounder /AMTRAK
facilities in Tukwila and beyond Tukwila to Burien's and Renton's transit facilities. The BRT route will connect with the Seattle South King County
trunk line at this Transit Center that acts also as the transfer point between north south and east west transit service.
1 -5 and 14051SR 518 corridors are part of the National Highway System, as well as Highways of Statewide Significance. They are also listed as
T -1 and T -2 in the Freight and Goods Transportation System. (Washington State Highway System Plan (2007 2026.) The State's Highway
System Plan has recommendations in the following adjacent areas due to deficiencies and congestion: 1-5 from milepost 139.5- 154.53 is a
congested corridor with a $130.8 million Tier III improvement; 1-405 from milepost 0 -4, is a heavily congested corridor with mobility deficiencies and
several major congested interchanges, with a $1.2 billion Tier III improvement; SR518, milepost 0 -3.42, is a congested corridor with mobility, safety
and operational deficiencies with a $6 million Tier I improvement; SR 518 from milepost 3.42 -3.43 is a congested corridor with mobility and safety
deficiencies with a $7 million Tier III improvement; and SR 518 from milepost 2.49 -2.5 has mobility and operational deficiencies with a $118 million
Tier III improvement.
Rapid Ride seeks to complement the region's fixed -route and high capacity transit network by providing intermediate capacity transportation in
corridors that are either: 1) not identified for service by the region's light rail network in the regional long range plan, or 2) identified for potential
light rail extensions in long range plans, but not for consideration as a near -term alternative for more than a decade. Capital improvements will
provide a travel time benefit for Rapid Ride buses; creating a fast, frequent and more reliable transit service in the congested SR 518/1405 corridor.
A focus on Bus Rapid Transit in this corridor will address many of the issues that currently impede transit travel along the corridor.
Transit delay caused by traffic congestion, which if mitigated, can make transit a more competitive and viable alternative to the SOV;
Opportunity to improve travel times through routing and service design improvements as well as transit priority measures;
High ridership already exists (15,300 weekday boardings in and within 'h mile of the corridor) and is expected to grow as the corridor becomes
more dense and the Urban Centers along this corridor develop;
The corridor has opportunities for connectivity with other transit routes including RapidRide, Sound Transit Link light rail and Commuter Rail, and
the region's bicycle trail network;
Unique brandhg apd improved facilities cap ffimpmve publiG parwptions of transit;
Higher transit service supports local land use goals that call for a dramatic increase in transit mode share and more transit and pedestrian
oriented development.
Page 1 of 1
7. System Integration (two pages max)
2011 -2013 Regional Mobility Grants
Transit facilities necessary to accommodate the RapidRide F Line, a bus rapid transit (BRT) project, is the focus of this grant application. Ridership
projections are that RapidRide F line will serve over 1.5 million passengers after the first five years of operation. Metro has identified the following
elements of RapidRide that will set it apart from other Metro service:
Transit stations at high ridership and high volume transfer points along a route with real -time bus arrival information, with enhanced shelters that
share common elements throughout the RapidRide network;
10- minute frequency during peak hours and 15- minute frequency or better on weekdays; and,
A definitive brand that is identifiable and unique, a distinctive name for each RapidRide line, common elements among RapidRide bus zones, and
marketing material that represents RapidRide as a new and unique service, set apart from other Metro service.
The planned BRT route will connect four core cities Burien, Renton, SeaTac and Tukwila, as shown in Map 2. All four cities are designated regional
growth centers by the Puget Sound Regional Council (PSRC) as part of Vision 2040.22% of the region's population and employment growth is
expected to be concentrated within these and the other 10 core cities, with direct access to high capacity transit and a range of land uses including
parks, retail, and open space.
The City of Burien is currently home to over 30,000 residents and 15,000 jobs. The City of SeaTac is home to over 25,000 residents, and is a major
center of employment, driven largely by the Seattle- Tacoma International Airport, and over 30,000 jobs. The City of Tukwila has two regional centers,
the North Tukwila Manufacturing Center and the Tukwila Urban Center, which includes the Southcenter mall. Nearly 35,000 jobs are located in these
two centers and over 17,000 people live in the City of Tukwila. The City of Renton is home to over 80,000 residents and 40,000 jobs. The primary
transit route that currently operates between Burien and Renton is Route 140. Route 140 provides over 670,000 trips annually and over 3,000
hoardings daily. This highly used, frequent service will be improved in 2013 to become RapidRide F line.
The cities of Burien, Tukwila and Renton provide a strong base of employment and housing for the RapidRide F line, which will travel along this same
alignment and provide more frequent and reliable service in this corridor. The Tukwila Transit Center provides a direct connection to the main South
King County /Seattle trunk line the Metro 150.
Transit Mobility Opportunities
The Burien- Renton corridor has many transit mobility opportunities that can be met with proposed RapidRide service. Transit travel time can be
reduced to the benefit of existing and potential ridership. Travel time, a primary driver of transit ridership growth, can be reduced through
implementation of better service design, with more direct service, less frequent stops, Transit Signal Priority (TSP) and traffic channelization
improvements.
High ridership already exists.
Over 15,300 weekday boardings along the proposed BRT corridor are forecast. With improvements to frequency and the passenger experience, this
ridership number is the expectation in growth after the first five years of RapidRide operations.
Connectivity
RapidRide F Line will provide connections to major destinations and between modes. The corridor provides a key connection between four major
centers. Burien, Tukwila, Sea -Tac and Renton, which are all identified as regional growth centers by the Puget Sound Regional Council. In addition,
major transit facilities at Tukwila Southcenter is a major retail and employment center in the corridor. In addition, the Sea -Tac International Airport,
located just south of the corridor, is a major attraction for employment and residents throughout the region.
Intermodal connections.
The RapidRide F Line will improve intermodal connections as well as connections between transit providers. Connections will be provided:
To Sound Transit Link Light Rail at the Tukwila International Boulevard Station and to Sound Transit Sounder commuter and AMTRAK interregional
rail at Tukwila Station.
Page 1 of 2
F
7. System Integration (two pages max)
2011 -2013 Regional Mobility Grants
To RapidRide A Line at the Tukwila International Boulevard Station
To park and ride facilities at Burien, Renton, Tukwila International Boulevard and Tukwila Longacres Transit Centers.
To transfer points at all four transit centers including the Tukwila Transit Center at Southcenter Mall which serves the main transit trunk route
150 between Seattle and South King County.
To several bicycle and pedestrian connections including the Cedar River Trail, the Green River Trail and the Interurban Trail, increasing the
attractiveness of connections between bicycle, pedestrian and bus. RapidRide buses will ease bus and bike connections by featuring bike racks
that accommodate three bikes.
Burien The Burien Transit Center, at the west end of the Rapid Ride F line corridor, is served by 11 Metro routes and one Sound Transit Route.
Five routes provide all day connections to destinations such as downtown Seattle, Des Moines, Highline Medical Center, Auburn and Kent.
Tukwila At Tukwila International Boulevard Link light rail station, connections to Sound Transit Link light rail to downtown Seattle and Sea -Tac
International Airport are provided and riders will also be able to connect to the RapidRide A Line with service between Tukwila and Federal Way.
At Southcenter, a major retail and employment center, five routes meet at an on- street transfer center, providing a connection to Southcenter mall
and destinations including West Seattle and downtown Seattle and connections to neighborhoods. Tukwila Station, just east of Southcenter, is
served by Sounder commuter rail and Amtrak inter regional rail service.
SeaTac Through SeaTac, one Metro route and one Sound Transit route will travel the same segment as the F Line on 154th Street between
Tukwila Boulevard and Des Moines Memorial Road. These routes provide connections to the Sea -Tac Airport and West Seattle as well as to Kent
and Auburn.
Renton Multiple routes in Renton overlap Route 140 for a short distance between Renton Transit Center and the South Renton Park and Ride,
along Rainier Avenue South and Grady Way. South Renton Park and -Ride is at 100% of capacity on an average weekday. The Renton Transit
Center will be the eastern most portion of the Rapid Ride F line corridor and is served by 15 routes providing connections to destinations including
downtown Seattle, Rainier Beach, Kent, University District, Bellevue and Overlake.
There is existing transit infrastructure in the corridor including existing passenger facilities including shelters throughout the proposed alignment.
The City of Renton and King County Metro are coordinating construction of BAT (business access transit) lanes along a portion of Rainier Avenue
South due to high transit volumes. The Rainier Avenue South corridor will incorporate BAT lanes between South 2nd Street and SW Grady Way.
Additionally, Rainier Avenue South will have improved sidewalks, transit stops, and an eastbound transit queue jump at South 3rd Street.
Additional improvements are planned improvements RapidRide F Line corridor, discussed below, including significant improvements to roadways
and passenger facilities. RapidRide is expected to improve both travel times and frequency in the Burien- Renton corridor. Current peak period
travel time along the corridor ranges from 45 to 50 minutes. Improvements are expected to reduce travel time by up to seven minutes in each
direction. Segments of the corridor will see a greater increase in passenger capacity over the baseline alternative. Headways of 10 minutes or less,
or six one -way transit trips per hour, are planned during the peak. In the corridor, this improvement is equivalent to nearly a 65% improvement in
transit service that travels between Burien, Sea -Tac, Tukwila and Renton.
Tukwila's urban center must have a transit facility to serve the proposed growth in employment and population allocated by the PSRC. Rregional
and local transportation and land use plans identify the Transit Center as the location for focused growth and transportation service. In cooperation
with Washington State and its guidelines, the City has adopted a Commute Trip Reduction (CTR) Plan. As one element of its effort to address
congestion and air quality, Tukwila has voluntarily created a plan for and.designated a GTEC for the Tukwila Urban Center, with this Transit Center
as tool for solving congestion and serving as a transportation solution. The City of Tukwila has been focused and targeted in its land use,
transportation planning and regulatory decision making. The expansion of the Southcenter Mall was conditioned such that ROW and funding were
provided for the Transit Center and a TDM plan was created that depends upon improvements to the Transit Center. Tukwila's plans and decisions
are in line with state, regional and local goals for addressing population and job growth. Providing transit facilities so that anticipated growth and
existing demand can be met and congestion reduced and air quality improved is the goal of this proposal. Tukwila has established partnerships
with its businesses through its CTR plan and programs and approved transportation demand management plans. Tukwila has established
partnerships with its transit providers through funding and service commitments on capital improvements.
Page Z of 2
Ad► Washington State 8. Financial Plan Description
M AP Department of Transportation 2011 -2013 Regional Mobility Grants
Describe the funds you are providing to the project. (If applicable, attach documentation)
$1,481,000
City of Tukwila General Fund
$500,000
Westfield Corporation
$468,000
Transit Oriented Development Federal Appropriation
$2,449,000
Cash Contribution
$343,000
ROW Dedication Value from Westfield Corporation
$2,792,000 Total Matching Funds (37% match)
Describe the contributions of any financial partners on the project. (For all financial partners a letter of
concurrence, award letter or other financial document from the organization must be included.)
The Westfield Corporation has provided $500,000 in cash and land dedication valued at $343,000 toward this project as
a mitigation measure offsetting their parking variance. With the recent major expansion of Southcenter Mall, less
parking than City code requires was approved with the mitigation payment and land dedication. Westfield Corporation
and the City of Tukwila believe that less parking is required with a high quality transit facility adjacent to the mall. The
following letter from Westfield documents their continued support for this project.
Describe any undocumented financial contributions or other unique aspects of your financial plan.
While it is most effective and preferred that the Tukwila Transit Center be constructed in a complete unit, phasing
construction is an option should incomplete funding be presented. Phase 1, the west side of Andover Park West
(southbound direction) can be constructed first on the existing ROW. Travel time benefits for the Route 156 will not be
realized and the effectiveness of the Rapid Ride F -line would be reduced due to the additional travel time of 3 minutes
per each westbound trip. Phase 2 on the east side of Andover Park West and the ancillary stop on the south side of
Baker Boulevard could be constructed at a later date. Design of the full Tukwila Transit Center will be completed
independent of available construction funds, making the full, or partial, project shovel -ready in 2011.
Please describe how you pian to maintain funding for the service or facility after Regional Mobility
Grant funding expires.
The City of Tukwila and King County Metro jointly maintain the existing transit zone that will become the Tukwila Transit
Center. This agreement will remain in force and labor will continue to be funded by general operating dollars. Further,
King County Metro has the authority (granted by the Washington State Legislature in 2009) to levy additional property
taxes up to 7.5 cents per 1,000 dollars of assessed value. The legislation specified specific uses for some of the levy
funds but the remainder of the tax revenue can be spent on any transit related expenditure. The majority of those funds
are the primary funding source for the Rapid Ride lines. A local option sales tax in King County is specific to transit,
thereby isolating transit expenditures from competing King County financial needs. Operation of the F -line will cost
approximately $5,400,000 annually (in 2010 numbers) which represents 0.009% of Metro's $586,000,000 operating and
maintenance budget
Page 1 of 1
91
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2010 to 2015
PROJECT:
Tukwila Urban Center Transit Center
LINE ITEM: 104.02.595. .22 PROJECT NO. 90610402
DESCRIPTION:
Design and construct a transit center for the Tukwila Urban Center (TUC).
High transit ridership and bus operations warrant conversion of the existing bus stops on Andover Park West
to a transit center. The current facilities are inadequate in size and location to serve Metro operations and
JUSTIFICATION:
transit riders. City policy encourages the use of transit, and mitigation dollars and parking supply decisions
have been made based upon the expected improvements to the transit center.
Design began in 2006. Construction dependent on funding. The west side of Andover Park West is scheduled to
STATUS:
coincide with the Transit Center and the east side of Andover Park West is in the beyond years.
MAINT. IMPACT:
Minimal to moderate, depends on final maintenance agreement with King County Metro.
TOD grant of $577,651.00. Mitigation from Westfield S/C Mall of $500,000 for parking variance. Proposed state
COMMENT:
and federal grants of $4.6m.
FINANCIAL
Through Estimated
(in $000's)
2008 2009 2010 2011 2012 2013 2014 2015 BEYOND TOTAL
EXPENSES
Design
182 82 314
578
Land (R/W)
1,000
1,000
Const. Mgmt.
150 150 300
600
Construction
1,000 1,000 3,000
5,000,
TOTAL EXPENSES
182 82 314 1,150 1,150 0 0 0 4,300
7,178
FUND SOURCES
Awarded Grant
577
577
Proposed Grant
920 3,700
4,620
Mitigation Actual
500
500
Impact Fees
0
City Oper. Revenue
(318) 82 314 573 230 0 0 0 600
1,481
TOTAL SOURCES
182 82 314 1,150 1,150 0 0 0 4,300
7,178
Project Location
CIS
92
10.4.2010
Steve Lancaster, City Administrator
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila WA 98188
Subject: Tukwila Transit Center
Dear Steve:
Westfield, LLC
2800 Southcenter Mall
Seattle, WA 98188
T 206.246.0423
F 206.246.7043
Westfield LLC is pleased to support the City of Tukwila's Regional Mobility Grant request to
construct the Tukwila Transit Center. Providing key transit and pedestrian improvements and
linking up the Sounder Commuter Rail Station and the Link Light Rail station with the urban
core will benefit Westfield as well as other businesses in the area.
Westfield Southcenter is a super regional shopping center and major employment destination
located in Tukwila. Westfield just completed a $240 million expansion that added
approximately 400,000 square feet of retail shops, dining and entertainment uses for a total of
1.7 million square feet. Our expansion included a significant investment in the Tukwila Transit
Center, including a contribution of $500,000 towards its design construction and a provision
of land for its expansion. A grant for its construction will complement the private dollars that
Westfield is investing alongside King County and Tukwila public investments, to get this
important project done.
The City of Tukwila is a great place to do business. We support the City's efforts to construct
the Tukwila Transit Center.
Sincerely,
Antony Ritch
Senior Vice President Development
Northwest Region
AR/nl /mb
93
Department Financial Plan Tables
�e�ar
Washingt en State o# Transportation 2011 -2013 Regional Mobility Grants
This table should represent all project costs. The information contained in this table will serve as the basis for any
funding agreements with the State.
2011 -2013 Biennium 1
2013 -2015 Biennium
Date
Date
Funding Sources and Amounts
(Month Year) I
Expenditures I
Type of Work
Expenditures
Jul Sep, 2011
200,000
Jul Sep, 20131
800,000
Oct Dec, 2011
Total Project
Regional'Mobility
35,000
Jan Mar, 2012
400,000
Jan Mar, 20141
Funds
Grant Funds
Other State Funds Local Funds
Federal Funds
Other Funds
PE or Design
I 584
I 0
I 0 I 584000 I
0
I 0
Right of Way Land
I 1,343,000
I 800000
0 200000
0
I 343000
Construction
1 5,600,000
3935000
I 0 I 697000 I
468000
500000
Capital Equipment
f 0
I
I
Biennium
Operations
I 0
I
I I
I
4,735,000
I
I
Total Project
Cost/Funding
7
4
0 1
468
8 43 000
of RMG Contribution to Overall Project Cost
of Match Contribution to Overall Project Cost (Local,
Federal and Other funds, not State funds)
MI
t} "u..3..::w::m
This table should only represent the requested Regional Mobility Grant funds. Expenditure dates should represent the
intended month of billing. Grantees are expected to bill at least quarterly but no more frequently than monthly. The
2011 -2013 biennium represents the months of July 2011 through June 2013 and the 2013 -2015 biennium represents
the months of July 2013 through June 2015.
requested
W
94 Page 1 of 1
Expenditure Plan
2011 -2013 Biennium 1
2013 -2015 Biennium
Date
Date
(Month Year) I
Expenditures I
(Month Year)
Expenditures
Jul Sep, 2011
200,000
Jul Sep, 20131
800,000
Oct Dec, 2011
200,000
Oct Dec, 20131
35,000
Jan Mar, 2012
400,000
Jan Mar, 20141
Apr Jun, 2012
100,000 1
Apr Jun, 20141
Jul Sep, 20121
500,000
Jul Sep, 20141
Oct Dec, 20121
1,000,000
Oct Dec, 20141
Jan Mar, 20131
500,000
Jan Mar, 20151
Apr Jun, 20131
1,000,000
Apr Jun, 20151
Total 2011 -2013
3
Total 2013 -2015
835 000
Biennium
Biennium
Automated Expenditure Plan Double Check
(This number should equal the total grant amount
4,735,000
W
94 Page 1 of 1
10. Project Schedule
Am► Washington Mate 2011 -2013 Regional Mobility Grants
VrAV Department of Transportation
r
Milestone n` Planned ;Completed Outlook or explanation (if necessary)'
A
l h 1lilonthlYear Month/Year
X
Agency Name Page 1 of 3
Project Title
95
Design 30% Complete
06/09 Complete
Design 90% Complete
07/11
Environmental Approv
07/11
DAHP /SHPONo Impact expected
Exec. Order 05 -05
n/a
Federal funds /SHPO
ROW Certification
01/12
Obtain Permits
03/12
Contract Ad Date
04/12
Contract Award Date
06/12
Construction Begin
07/12
Operationally Complete
09/13
Coincide with Rapid Ride F -Line implementation
Rapid Ride F -Line
09/13
New BRT service begin (King County Metro)
Construction Complete
12/13
Agency Name Page 1 of 3
Project Title
95
AW
V "'T Washington State
Department of Transportation
III. Milestones (CN)
(Critical path milestones are in BOLD)
10. Project Schedule
2011-2013 Regional Mobility Grants
Design 10% complete
Design 30% complete
Design 60% complete (LID re- design)
Design 90% complete
Complete environmental documentation
Executive Order 05 -05 compliance
Obtain required permits
Land acquired/right -of -way certification
Utilities
Ad date
Bid date
Award date
Construction start date
Construction 25% complete
Construction 50% complete
Construction 75% complete
Operationally complete
Performance assessment plan approved by WSDOT
Fully complete
Site inspection visit by WSDOT
Past or planned
completion dates
(mm/yy)
06/09
07/11
07/11
07/11
03/12
01/12
04/12
06/12
07/12
09/13
12/13
12/13
Past or planned
III. Milestones (EV)
(Critical path milestones are in BOLD) completion dates
(Mir
RFP or IFB publish date
Contract award
First vehicle accepted
First vehicle service start date
All vehicles accepted
All new vehicles in service
Service inspection visit by WSDOT
Performance assessment plan approved by WSDOT
Agency Name
Project Title
96
Page 2 of 3
7 Washington State
WAV Department of Transportation
III. Milestones (OP)
(Critical path milestones are in BOLD)
Service plan completed
Start date established
Service start date
Service inspection visit by WSDOT
Performance assessment plan approved by WSDOT
Agency Name
Project Title
10. Project Schedule
2011 -2013 Regional Mobility Grants
Past or planned
completion dates
(mm/yy)
Page 3 of 3
97
Adft Washington State 11. Executive Order 05 -05 Checklist
-I� Department of Transportation 2011 -2013 Regional Mobility Grants
Executive Order 05 -05 (EO 05 -05) requires a review of all capital construction projects
and land acquisitions for all capital construction projects that are not undergoing a
Section 106 review under the National Historic Preservation Act of 1966.
Please provide the following information regarding your project and EO 05 -05. Note:
any information provided in this section will be used for administrative purposes only,
and will not be scored competitively. If your project is selected for Regional Mobility
funding, this information will help WSDOT expedite resolution of any requirements
related to EO 05 -05 compliance.
Questions:
1) Does your project require excavation, or displacement of soil?
Yes No 0
If the answer to Question #1, above, was "Yes," please answer the following:
2) To what maximum depth will this digging occur? (An approximate answer is
acceptable here) Approximately 6 feet
3) How large an area will be excavated? (An approximate answer is acceptable
here) Approximately 14,000 square feet
4) Please describe the area in which the digging will take place: is it on a paved
thoroughfare, or right -of way, or is the project site on newly excavated land?
All excacation will take place on previously disturbed soil. On the west side of
Andover Park W, excavation will occur both in paved ROW and the currently
paved private parking lot. On the east side of Andover Park W, excavation will
occur in the paved roadway ROW, the existing paved parking lot, and in an
existing landscape berm. On Baker Boulevard, excavation will be extremely minor
and will occur either in the existing paved roadway ROW or to a limited extent
onto existing paved private parking.
5) Is this project receiving Federal Funding?
Yes No 0
If the answer to Question #5, above, was "Yes," please answer the following:
6) Is a Federal Section 106 environmental review required?
Yes No 0
7) Has the Section 106 review process been started, scheduled, or completed?
Yes 0 No
8) At what date was it:
Started
Completed
Scheduled
9) If your project is not receiving federal funding, have you begun the process of
requesting approval from DAHP for EO 05 -05 compliance?
Yes 0 No
10) If you have started the EO 05 -05 process, has DAHP provided any guidance on
this, or a letter indicating approval for the project? If yes, please describe.
Yes 0 No
AMIL
M Washington State
Department of Transportation
12. System Efficiency 1
Performance Measurement Plan
20112013 Regional Mobility Grants
For assistance contact Janice Helmann at
206 464 -1284 or helmanj @wsdot.wa.gov.
Annual Vehicle Trip Reduction
245,180 In Year 1
453,700 (Tukwila) 4,434,300 (System) In Year 4
Annual Vehicle Miles Traveled Reduction
2,395,900 In Year 1
2,229,240 (Tukwila) 22,189,700 (System) In Year 4
Show your work. Explain any assumptions used to calculate the annual reductions in vehicle trips and vehicle
miles traveled. (Include justification for ridership or utilization assumptions; site examples and documentation.)
The benefits of the Tukwila Transit Center cannot be overstated. Beyond the economic and redevelopment impacts, the
benefits to riders especially choice riders is exceptional. System efficiency is benefitted by both accommodating for
in- direction travel for existing routes but also by providing the necessary facilities for one of the four key Rapid Ride
stations for the future F -line route. The existing facility is already a major transfer point, but with construction of the
Tukwila Transit Center, this site will become a major transit hub in South King County. The Tukwila Transit Center is
key to the success of the F -line and will provide the needed connections between Sounder /Amtrak, LINK light rail, Metro
Route 150, and the urban centers of Burien, SeaTac, Tukwila and Renton.
Rapid Ride F -Line
Assumptions:
1. 30% increase in ridership over existing Route 140 for first year (Source: King County Metro)
2. 8% annual increase in ridership for next 5 years with service improvements (Source: King County Metro)
3. 2% annual increase in ridership without F -Line or Tukwila Transit Center (Source: City of Tukwila Transit Network
Plan)
4. 12% Travel Time savings with Rapid Ride over Route 140 (Source: King County Metro)
5. Length of Route= 10 miles
6. Route 140 current daily ridership (weekday) 3000 (Source: King County Metro)
7. Route 140 in Tukwila will be replaced with the F -line (Source: King County Metro)
8. System daily ridership along the F -line corridor (weekday) 15,300 (Source: King County Metro)
Projected Ridership
Year 1 With Project
F -line (Tukwila) 3,000 daily ridership (30% 1 -year increase) 3900 daily boardings
F -tine (System) 15,300 daily ridership (30% 1 -year increase) 19,890 daily boardings
Year 4 Without Project
F -line (Tukwila) 3,000 daily ridership (2% annual increase) ^(4 years) 3,247 daily boardings
F -line (System) 15,300 daily ridership (2% annual increase) ^(4 years) 16,561 daily boardings
Year 4 With Project
F -line (Tukwila) 3,900 daily ridership (8% annual increase) ^(3 years) 4,913 daily boardings
F -line (System) 19,890 daily ridership (8% annual increase) ^(3 years) 25,056 daily boardings
Year 4 Net Increase with Project
F -line (Tukwila) 4,913 -3,247 1,666
F -line (System) 25,056- 16,561 8,495
Agency Name JCity of Tukwila
Project Title Tukwila Urban Center Transit Center
100
rWL
Page 1 of 4
AMb. Washington State 12. System Efficiency
Department of Transportation Performance Measurement Plan
2011 -2013 Regional Mobility Grants
Performance Measurement Plan (three pages maximum see the application guide for
instructions)
Vehicle Trip Reduction
Year 1 With Project
(3900 riders 3000 riders) 260 weekdays 234,000
Year 4 With Project
F -line (Tukwila) (1666 net new riders) 260 weekdays 433,160
F -line (System) (8495 net new riders) 260 weeksays 2,208,700
Vehicle Mile Trip Reduction
Year 1 With Project
234,000 trips 10 miles 2,340,000
Year 4 With Project
F -line (Tukwila) 433,160 trips 10 miles 4,331,600
F -line (System) 2,208,700 trips 10 miles 22,087,000
System Efficiency Benefits to Route 156
Route 156 serving the existing bus zone on Andover Park W will benefit by construction of the Tukwila Transit Center
inasmuch as out -of- direction travel will be eliminated. Additionally, ridership is expected to grow at a faster rate with the
construction of the improved Tukwila Transit Center as it will attract more choice riders with the high quality facility and
improved safety and efficiency.
Assumptions
1. Daily ridership 390 (Source: King County Metro)
2. Average route travel time 21 minutes (Source: King County Metro)
3. Travel time savings without out -of- direction travel 3 minutes (Source: King County Metro)
4. 0.4% ridership increase for every 1 decrease in travel time (Source: Transit Cooperative Research Program Project
A -23A)
5. Average trip length 5 miles
6. 5% annual ridership growth with improved facilities (Source: City of Tukwila Transit Network Plan)
7. 2% annual ridership growth without improved facilities (Source: City of Tukwila Transit Network Plan)
Travel Time savings
(3 minutes savings) /(21 minutes baseline) 14.3%
Ridership Increase
(14.3% travel time reduction) *(0.4% ridership increase per 1 travel time reduction) 5.7%
Projected Ridership
Year 1 Without Project
(390 daily trips) *(2% annual ridership growth) 398
Year 1 With Project
(390 daily trips) *(5.7% ridership increase travel time) *(5% annual ridership growth) 433
Page 2 of 4
101
Aft
Washington State
Department of Transportation
12. System Efficiency 1
Performance Measurement Plan
2011 -2013 Regional Mobility Grants
Year 4 Without Project
(390 daily trips) *(2% annual ridership growth for 4 years) 422
Year 4 With Project
(390 daily trips) *(5.7% ridership increase travel time) *(5% annual ridership growth for 4 years) 501
Year 4 Net Increase with Project
501 -422 79
Vehicle Trip Reduction
Year 1 With Project
(433 riders 390 riders) 260 weekdays 11,180
Year 4 With Project
(79 net new riders) *260 weekdays 20,540
Vehicle Mile Trip Reduction
Year 1 With Project
11,180 trips 5 miles 55,900
Year 4 With Project
20,540 5 miles 102,700
TOTAL PROJECT BENEFITS
Vehicle Trip Reduction
Year 1 With Project
F -line (Tukwila) 234,000
Route 156 +11,180
TOTAL 245,180
Year 4 With Project
F -line (Tukwila) 433,160
Route 156 +20,540
TOTAL 453,700
Vehicle Mile Trip Reduction
Year 1 With Project
F -line (Tukwila) 2,340,000
Route 156 +55,900
TOTAL 2,395,900
Year 4 With Project
F -line (Tukwila) 4,331,600
Route 156 +102,700
TOTAL 4,434,300
F -line (System) 2,208,700
Route 156 +20,540
TOTAL 2,229,240
F -line (System) 22,087,000
Route 156 +102,700
TOTAL 22,189,700
Page 3 of 4
102
AMIL
Washington State
Department of Transportation
Intentionally left blank.
12. System Efficiency
Performance Measurement Plan
2011 -2013 Regional Mobility Grants
Page 4 of 4
103
13. MPO /RTPO Verification
2011 -2013 Regional Mobility Grants
The Tukwila Transit Center project as described in our telephone conversation of October 5, 2010 —providing
transit stop amenities and associated capital improvements in the vicinity of Andover Parkway and Baker
Boulevard, in support of King County Metro's Bus Rapid Transit line is consistent with the region's
long -range metropolitan transportation plan, Transportation 2040.
Please let me know if you need anything else Kelly
Kelly McGourty
Program Manager
Puget Sound Regional Council
1011 Western Ave., Suite 500
Seattle, WA 98104
ph (206)971 -3601
fax (206)587 -4825
104
See following two pages.
14. Transit Agency Verification
2011 -2013 Regional Mobility Grants
105
k
King County
Department of Transportation
KSC -TR -0811
201 South Jackson Street
Seattle, WA 98104 -3856
206.684.1007 TTY Relay: 711
www.kingcounty.gov/kcdot
October 6, 2010
Mark Eldridge
Regional Mobility Grant Program Manager
Public Transportation Division
Washington State Dept. of Transportation
310 Maple Park Ave. SE, PO Box 47387
Olympia, WA 98504 -7387
Re: Regional Mobility Grant 2011 -2013 Biennium
Dear Mr. Eldridge:
King County wishes to express its support for the City of Tukwila's $4.7 million request to the Regional
Mobility Grant program for the Tukwila Transit Center project.
The Tukwila Transit Center is located along King County Metro's planned RapidRide F Line and has
been identified as a future station location. The RapidRide F Line will feature high frequency service
(every 10 to 15 minutes) during most hours of the day, faster boarding by using low -floor articulated
hybrid buses with three doors, faster service by spacing stops farther apart, improved bus stop facilities
and security, a proof of payment fare system with on -board fare inspection, and special branding. The
RapidRide F Line will provide service between the Burien Transit Center and the Renton Transit Center
via Tukwila Transit Center. It will provide connections to other Metro routes as well as Sound Transits
Commuter and Light Rail services. RapidRide F Line is scheduled to be implemented in 2013.
The Tukwila Transit Center is an important step towards Tukwila implementing its vision and strategy
that meets the community needs today, while also building a foundation for the future. The Tukwila
Transit Center project is consistent with King County's transit plans and policies.
T"44'c'
Ron Posthuma, Assistant Director
King County Department of Transportation
cc: Peter Heffernan, Office of Regional Transportation Planning, King County Department of
Transportation
106
ir SouN DTRANSI T
CHAIR
transit hub for 2200 daily customers (Perteet, 2004.) This facility is the central transit
Aaron Reardon
facility in one of the three South King County urban centers. It is currently served by
Snohomish County Executive
Metro Route 140, a key connector that will in time be replaced by Metro's Rapid Ride
VICE CHAIRS
October 5, 2010
Fred Butler
and the WSDOT /AMTRAK partnership with Seattle Tacoma International Airport
Issaquah Deputy Council President
and vice versa.
Claudia Thomas
Lakewood Councilmember
Mayor Haggerton
BOARD MEMBERS
City of Tukwila
Julia Patterson
King County Councilmember
6200 Southcenter Boulevard
Claudia Balducci
Bellevue Councilmember
Tukwila, WA 98188
Paul Roberts
Richard Conlin
Subject: Letter of Support for Tukwila's 2011 -2013 Washington Regional
Seattle Council President
Mobility Grant Application
Dow Constantine
King County Executive
Dear Mayor Haggerton:
Jan Drago
King County Councilmember
Completion of improvements to the Tukwila Transit Center is an important goal for
the transit system in South King County. As a key service provider in this area,
Dave Enslow
Sumer Mayor
Sound Transit operations are linked to this transit center via bus, pedestrian and
bicycle facilities. As our operations grow so will the needs of this facility which is
lake fey
already substandard and inefficient. Financial support for transit facilities in one of the
Tacoma Deputy Mdyor
region's urban centers is key transportation goal and financial commitment that we
Paula J. Hammond, P.E.
support.
Wash ington off ansport t on Secre
The Tukwila Transit Center serves the Tukwila urban center and acts as the regional
John Marchione
transit hub for 2200 daily customers (Perteet, 2004.) This facility is the central transit
Redmond Mayor
facility in one of the three South King County urban centers. It is currently served by
Joe Marine
Metro Route 140, a key connector that will in time be replaced by Metro's Rapid Ride
Mukilteo Mayor
system (Line F) thereby linking Sound Transit's commuter rail and light rail systems
Pat McCarthy
and the WSDOT /AMTRAK partnership with Seattle Tacoma International Airport
Pierce County Executive
and vice versa.
Mike McGinn
Seattle Mayor
Sound Transit supports this project because it improves local and regional mobility
and benefits the city of Tukwila as well as the Puget Sound region.
Julia Patterson
King County Councilmember
Sincerely
Larry Phillips
King County Councilmember
L
Paul Roberts
Everett Council President
Earl
J Earl
Peter von Reichbauer
Executive Officer
King County Councilmember
CHIEF EXECUTIVE OFFICER
Cc: Ron Lewis, Sound Transit Deputy Executive Director, Business Services Joni Earl
Central Puget Sound Regional Transit Authority Union Station
401 S. Jackson St. Seattle, WA 98104 -2826 Reception: (206) 398 -5000 FAX: (206) 398 -5499 www.soundtransit.org
Aft
0 Washington State
f Washington of Transportation
15. Greenhouse Gas Emission
Reduction Policy Statement
2011 -2013 Regional Mobility Grants
1. Has your agency adopted policies to reduce Greenhouse Gas Emissions?
Yes No 0
2. Please describe specific goals and objectives of your 0encv's Greenhouse Gas
Emission Reduction Policy, and describe what components it includes, and how it is
implemented.
Resolution No. 1649 and signatory to the Mayor's Climate Protection Agreement.
[Goal #1 Reduction of municipal emissions of carbon dioxide by 50% by 2020. Objective: 7,000 tons to 3,500 tons.
[Goal #2 Recommendations for reducing City carbon dioxide emissions from a City wide Green Team.
Objectives: Upgraded lighting to energy efficient models; Adopted Administrative Policy on Environmental Sustainability
specifically addressing commute trip reduction and disposal of City assets.
[Goal #3 Creation of a 2006 baseline of greenhouse gas emissions from the community as a whole.
Objective: Complete citywide inventory; Participate in the Cities program of the Cascade Land Conservancy; Prepare the
Community Inventory Report (Tukwila 2007)
[Goal #4 List of regulatory changes that could assist in community wide greenhouse gas reduction.
[Goal #5 A modified Comprehensive Plan that includes climate change and sustainability goals.
Objective: incorporate into 2014 Comprehensive Plan update.
[Goal #6 Stakeholder conversations and input on reduction strategies.
Objective: Community conversations; web page presence, informational brochures; community festival booth.
3. RCW 70.235.070 requires project "consistency" with the state Greenhouse Gas
emission limits, and Vehicle Mile Traveled reduction benchmarks found in RCW
47.01.440. Please describe how your proposed rp oiect is consistent with RCW
70.235.070.
The Tukwila Transit Center provides an attractive, efficient, safe alternative to SOV drivers along the SR
518, 1 -405 corridors and beyond. Travel time and routing efficiencies for existing transit routes as well as
a facility supporting the future Rapid Ride F -line go a long way in reducing green house gases and
vehicle emissions, especially when factoring in the hybrid vehicles that are used by Rapid Ride. The
potential reduction of over 22 million vehicle miles traveled in South King County by Year 4 of operation
is a notable achievement consistent with the directives of RCW 70.235.070 and 47.01.440.
1:
City of Tukwila
Washington
Ordinance No. /�o V
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1274,
TUKWILA MUNICIPAL CODE 19.12.070, INCREASING THE
PERMANENT SIGN PERMIT FEE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, license and permit fees have been reviewed for City- provided services; and
WHEREAS, the City of Tukwila desires to have permit fees commensurate with the cost of
providing services;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 1274 and TMC Section 19.12.070 Fees Permanent signs is hereby
amended as follows:
At the time of application for a permit to erect or install a sign or device controlled by this code, the
planning department shall collect a minimum fee of fifty dollars or fifty cents per square foot of total sign
face area, whichever is greater. This fee does not include the costs of engineering checks nor of electrical
or other inspections required by other appropriate agencies.
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause
or phrase of this ordinance.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official
newspaper of the City, and shall take effect January 1, 1993.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 1992.
ATTEST /AUTHENTICATED:
an E. Cantu, City Clerk
APPROVED AS TO FORM:
W hi (-4 c,
Office of the Cit)�Attorney
L a). A k 7
Jo Rants, Mayor
FILED WITH THE CPTY CLERK: /D 5;�
PASSED BY THE CITY COUNCIL: /,;z ,.fig
PUBLISHED: i A /9'- 9z
EFFECTIVE DATE.
ORDINANCE NO.: �(p
16
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. Z(, 7 y
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
1274, TUKWILA MUNICIPAL CODE 19.12.070, INCREASING
THE PERMANENT SIGN PERMIT FEE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
On Se l z the City Council of the City of Tukwila passed Ordinance
creasing the permanent sign permit fee, providing for severability, and
establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of y
Cam•
E. Cantu, City Clerk
Published Seattle Times /1// 1 z
I
ENDORSING THE U S MAYORS CLIMATE PROTECTION AGREEMENT
WHEREAS, the U S Conference of Mayors has previously
adopted strong policy resolutions calling for cities,
communities and the federal government to take actions
to reduce global warming pollution, and
WHEREAS, the Inter Governmental Panel on Climate
Change (IPCC) the international community's most
respected assemblage of scientists, has found that
climate disruption is a reality and that human
activities are largely responsible for increasing
concentrations of global warming pollution; and
WHEREAS, recent, well- documented impacts of climate
disruption include average global sea level increases
of four to eight inches during the 20th century; a 40
percent decline in Arctic sea -ice thickness, and nine
of the ten hottest years on record occurring in the
past decade, and
WHEREAS, climate disruption of the magnitude now
predicted by the scientific community will cause
extremely costly disruption of human and natural
systems throughout the world including increased risk
of floods or droughts, sea -level rises that interact
with coastal storms to erode beaches, inundate land,
and damage structures; more frequent and extreme heat
waves, more frequent and greater concentrations of
smog, and
WHEREAS, on February 16, 2005, the Kyoto Protocol, an
international agreement to address climate disruption,
went into effect in the 141 countries that have
ratified it to date, 38 of those countries are now
legally required to reduce greenhouse gas emissions on
average 5 2 percent below 1990 levels by 2012, and
WHEREAS, the United States of America, with less than
five percent of the world's population, is responsible
for producing approximately 25 percent of the world's
global warming pollutants, and
WHEREAS, the Kyoto Protocol emissions reduction target
for the U S would have been 7 percent below 1990
levels by 2012, and
111
WHEREAS, many leading US companies that have adopted
greenhouse gas reduction programs to demonstrate
corporate social responsibility have also publicly
expressed preference for the US to adopt precise and
mandatory emissions targets and timetables as a means
by which to remain competitive in the international
marketplace, to mitigate financial risk and to promote
sound investment decisions, and
WHEREAS, state and local governments throughout the
United States are adopting emission reduction targets
and programs and that this leadership is bipartisan,
coming from Republican and Democratic governors and
mayors alike, and
WHEREAS, many cities throughout the nation, both large
and small, are reducing global warming pollutants
through programs that provide economic and quality of
life benefits such as reduced energy bills, green
space preservation, air quality improvements, reduced
traffic congestion, improved transportation choices,
and economic development and job creation through
energy conservation and new energy technologies, and
WHEREAS, mayors from around the nation have signed the
U S Mayors Climate Protection Agreement which, as
amended at the 73 Annual U S Conference of Mayors
meeting, reads
The U S Mayors Climate Protection Agreement
A We urge the federal government and state
governments to enact policies and programs to meet
or beat the target of reducing global warming
pollution levels to 7 percent below 1990 levels by
2012, including efforts to reduce the United
States' dependence on fossil fuels and accelerate
the development of clean, economical energy
resources and fuel- efficient technologies such as
conservation, methane recovery for energy
generation, waste to energy, wind and solar
energy, fuel cells, efficient motor vehicles, and
biofuels,
B We urge the U S Congress to pass bipartisan
greenhouse gas reduction legislation that includes
1) clear timetables and emissions limits and 2) a
112
flexible, market -based system of tradable
allowances among emitting industries, and
C We will strive to meet or exceed Kyoto Protocol
targets for reducing global warming pollution by
taking actions in our own operations and
communities such as
1 Inventory global warming emissions in City
operations and in the community, set reduction
targets and create an action plan
2. Adopt and enforce land -use policies that reduce
sprawl, preserve open space, and create compact,
walkable urban communities,
3 Promote transportation options such as bicycle
trails, commute trip reduction programs,
incentives for car pooling and public transit,
4 Increase the use of clean, alternative energy
by, for example, investing in "green tags
advocating for the development of renewable
energy resources, recovering landfill methane
for energy production, and supporting the use of
waste to energy technology,
5 Make energy efficiency a priority through
building code improvements, retrofitting city
facilities with energy efficient lighting and
urging employees to conserve energy and save
money,
6 Purchase only Energy Star equipment and
appliances for City use,
7 Practice and promote sustainable building
practices using the U S Green Building
Council's LEED program or a similar system,
8 Increase the average fuel efficiency of
municipal fleet vehicles, reduce the number of
vehicles, launch an employee education program
including anti idling messages, convert diesel
vehicles to bio- diesel,
9 Evaluate opportunities to increase pump
efficiency in water and wastewater systems,
recover wastewater treatment methane for energy
production,
10 Increase recycling rates in City operations and
in the community,
11 Maintain healthy urban forests, promote tree
planting to increase shading and to absorb CO2,
and
113
12.Help educate the public, schools, other
jurisdictions, professional associations,
business and industry about reducing global
warming pollution
NOW, THEREFORE, BE IT RESOLVED that The U S
Conference of Mayors endorses the U S Mayors Climate
Protection Agreement as amended by the 73 annual U S
Conference of Mayors meeting and urges mayors from
around the nation to join this effort
BE IT FURTHER RESOLVED, The U S Conference of Mayors
will work in conjunction with ICLEI Local Governments
for Sustainability and other appropriate organizations
to track progress and implementation of the U S
Mayors Climate Protection Agreement as amended by the
73 annual U S Conference of Mayors meeting
114
1
The U.S. Conference of Mayors Climate Protection Agreement Signature Page
You have my support for the Mayors Climate Protection Agreement.
Date
Mayor-
Signature
Address
City
Mayor's e-mail.
Staff Contact Name
Staff Contact Title
Staff Phone
Staff e -mail.
State Zip
Please add my comments in support of the Mayors Climate Protection Agreement. We will add
these to the Website (optional)
Please return completed form at your earliest convenience to
The U.S. Conference of Mayors
Climate Protection Center
By Mail. By Fax: (202) 429 -0422
1620 I Street, NW
Washington, DC 20006 By e -mail brosenberReusmavors.org
For more information (202) 861 -6782
115
AdUAL
Washington State
Department of Transportation
16. Application Signature
RECEIVED Regional Mobility Giants
JUN 10 2011
R. G E IVLED
OCT 12 2010
TUKWILA
PUBLIC WORKS P"' is Tttrn�rac'X �r 0('0(-
I c ertify, to the best of my knowledge, that the information in this application is true and accurate an this
organization has the necessary fiscal, data collection, and managerial capability to implement and manage the
projects associated with this application.
Applicant Agency City of Tukwila
Project Title Tukwila Urban Center Transit Center
Name and Title of Signatory Jim Haggerton, Mayor
N
?hized.
Date
X
NOTE: Your application must be signed by someone authorized to sign on behalf of your organization,, such
as the Board Chairperson or Chief Executive Officer. We must have an original signature, so if you send the
application to us electronically please send a hard copy of this vaeve only to:
W SDOT
Regional Mobility Grant Program
PO BOX 47387
Olympia, WA 98504 -7387
Attn. Mark Eldridge
116
TRANSPORTATION COMMITTEE Meeting Minutes
July 18, 2011— 5: 00 p. m. Conference Room I
Citv of Tukwila
Transportation Committee
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffie and Verna Seal
Staff: Bob Giberson, Robin Tischmak, Cyndy Knighton, Shawn Hunstock, Gail Labanara and
Kimberly Matej
Guest: Sally Marks, King County Department of Transportation
CALL TO ORDER: The meeting was called to order at 5:03 p.m.
I. PRESENTATIONS
Kine Countv Metro Transit Increase Revenue and Implement Service Cuts
Sally Marks from King County Department of Transportation attended the Committee meeting to provide
information on legislation that King County Executive Dow Constantine has recently proposed in response to a
decrease in Metros' operating budget as a result of decreasing sales tax receipts.
The legislation calls for a temporary $20 congestion reduction charge to be assessed to all vehicle license
renewals (fee assessment would end by June 30, 2014). This fee will allow King County Metro to maintain
current service levels for 2012 -13. If the fee legislation does not pass, Metro will begin cutting services by
approximately 100,000 hours beginning February 2012.
King County Council has two options of handling this legislation; they can approve the charge directly with a
two thirds majority vote or a simple majority can refer the measure to ballot for the voters to decide. Committee
Member Seal inquired how the City of Tukwila could support the implementation of this charge. Ms. Marks
replied that some cities have written letters, made phone calls and/or passed resolutions in support of the charge.
INFORMATION ONLY.
II. BUSINESS AGENDA
A. Tukwila Urban Center Transit Center: Acceptance of State Regional Mobilitv Grant
Staff is seeking formal Council acceptance of the State Regional Mobility Grant for the Tukwila Urban
Center Transit Center in the amount of $4,735,000. Grant funds are available for expenditure as of July 1,
2011; however, reimbursements cannot be submitted until the formal acceptance is executed.
Staff also explained to the Committee that the CIP funding that was budgeted in out years will need to be
moved forward and the revision will be reflected in 2012. UNANIMOUS APPROVAL. FORWARD TO
JULY 25 COW FOR DISCUSSION.
III. SCATBd
The Committee reviewed and briefly discussed the June 21 SCATBd meeting summary and the July 19 agenda.
INFORMATION ONLY.
IV. MISCELLANEOUS
Committee Chair Hernandez brought forward a citizen concern regarding safety of pedestrian walkways. This
concern was originally stated during Citizen Comments at a Council Meeting in November 2010. Hearing no
follow -up, the resident re- iterated the concern to Committee Chair Hernandez at the July Council Coffee Chat.
Public Works staff will prepare a written response to the resident for Committee review and comment by
Thursday, July 21, with a follow -up discussion at the next meeting.
Meeting adjourned at 5:44 p.m. Next meeting: Tuesday, August 1, 2011 5:00 p.m. Conference Room 1
J Committee Chair Approval
Minutes by KAM. Reviewed by BG.
117
lrtt.
Upcoming Meetings Events
July August 2011
25th (Monday)
Community
Affairs Parks
Cmte,
5: 00 PM
(CR #3)
City Council
Executive
Session,
6:00 PM
City Council
Committee of
the Whole Mtg.,
7:00 PM
(Council
Chambers)
26th (Tuesday)
27th (Wednesday)
28th (Thursday)
29th (Friday)
Utilities Cmte,
COPCAB,
Manning
Peanut Butter and
5:00 PM
6:30 PM
Cs:- T:9iT
Jam Concert Series
(CR 41)
(CR 45)
Cancelled
FREE family fun!
12:00 Noon
(Community Censer by
the Spray Park)
This week:
The Brian Waite Band
1st (Monday) 2nd (Tuesday) 3rd (Wednesday) 4th (Thursday)
Transportation
Cute,
5:00 PM
(CR #1)
Civil Service
Commission,
5:00 PM
(CR #3)
Special
Meeting,
5:30 PM
(Council
Chambers)
To discuss:
Ethics, Open
Public Meetings
Act and
Appearance of
Fairness
Doctrine
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
Chamber of
Commerce
Gov't.
Community
Affairs Cmte,
12:00 NOON
(Chamber
Ofce)
Finance
Safety Cmte,
5:00 PM
(CR #3)
Arts
Commission
5:30 PM
(Community
Center)
National Night
Out 2011
Take part in your
neighborhood
event and send the
message to
criminals that they
are not welcome in
Tukwila!
Summer Outdoor
Cinema Series
FREE'. Donation of
two cans of food per
family member
requested to support
the Tukwila Food
Pantry
(Communit) Centel)
Lawn seating begins
at 7:30 PM;
movie starts at dusk.
Today's movie:
Disney's Tangled
(kfovie will be shown
inside in the event of
inclement weather.)
30th (Saturday)
Tukwila Int'I.
Blvd. Action
Cmte's
Trash Pickup Day
9:00 10:00 AM
a
For location contact
Rick at
rick @forschler.org
6th (Saturday)
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: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Lynn Wallace at 206 -575 -1633.
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: lst Mon., 5:00 PM, Con£ Room #3. Contact Human Resources at 206 -431 -2187.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3 (A) 1171erlocal Agreement far Regional
Affordable Housing Progrann. (B) North Highline Annexation. (C) Parks rand Recreation Event Calendar.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf Rtn #5. Phi Huynh (206 -433- 7175).
Equity Diversity Commission: 1st Thus., 5:15 PM, Conf. Room #3. Contact Joyce Trarttina at 206 933 -1850.
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 93.
r Planning Commission /Board of Architectural Review: 4th Thus., except 2nd Thursday in Nov. Dec., 6:30 PM,
Council Chambers at City Hall. Contact Iflynetta Bivens at 206 -431 -3670.
Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 91 (A) Bowlake Trnrsfer Statia7 bnterlocal Agreement.
Summer Outdoor
Cinema Series
FREE! Donation of
two cans of food per
family member
requested to support
the Tukwila Food
Panty
(Community Center)
Lawn seating begins
at 7:30 PM;
movie starts at dusk.
Today's movie:
Shrek Forever After
(Movie will be shown
inside in the event of
inclement weather.)
5th (Friday)
Equity
Peanut Butter and
Diversity
Jam Concert Series
Commission,
FREE family fun!
5:15 PM
12:00 Noon
(CR #3)
(Community Center by
the Spay Park)
This week:
The Not -Its!
119
AII
►L�,
July
August
MEETING 1- MEETING 2 MEETING 3 MEETING 4
REGULAR C.O.W. REGULAR C.O.W.
5 (Tuesday) 11 18 25
See agenda packet
cover sheet for this
week's agenda
(July 25, 2011
Cor nnittee of the Whole
Meeting)
1 8
Special Presentation:
Update on
Community Center
for Education Results
(CCER) and Census
Information
15 22
Soecial Presentation:
Unfinished Business:
Accept the WSDOT
Regional Mobility
Grant in the amount
of $4,735,000
An ordinance
adopting the
Development
Agreement between
the City of Tukwila
and Duane A. Wells
and Larry Magone,
Executor of the Estate
of Val Bain, regarding
the development of a
vacant parcel of land
located at the
intersection of Fort
Dent Way and
Interuban Avenue
South
Shoreline Master
Program: (4
ordinances)
120