Loading...
HomeMy WebLinkAboutCOW 2012-03-26 COMPLETE AGENDA PACKETTukwila City Counci /Agenda COMMITTEE OF THE WHOLE Jim Haggerton, Mayor Counci /members: Joe Duff ie Dennis Robertson David Cline, City Administrator Allan Ekberg Kathy Hougardy Verna Seal, Council President De'Sean Quinn Kate Kruller To be followed by a Special Meeting Monday, March 26, 2012, 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 HEARING An ordinance adopting the Development Agreement between the City of Pg.1 Tukwila and Riverton Development for property at 12909 East Marginal Way South. 4. SPECIAL a. An ordinance adopting the Development Agreement between the Pg.1 ISSUES City of Tukwila and Riverton Development for property at 12909 East Marginal Way South. b. A contract to accept a grant in the amount of $50,000 for the Pg.111 Duwamish Hill Preserve. c. Consent Agenda process. Pg.153 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION S. ADJOURNMENT SPECIAL MEETING Ord #2368 Res #1764 1. CALL TO ORDER ROLL CALL 2. APPOINTMENTS Confirm the appointment of Finance Director. Pg.159 3. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.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 continents to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on continents 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: 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. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by Mayor's review you cil review 03/26/12 BJM/ 3 04/02/12 BJM 4.A. ITEM INFORMATION STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 3/26/12 AGENDA ITEM TITLE Riverton Development Agreement CATEGORY ®Disczrssion El motion Resolution ®Ordinance ❑Bid Award ®Public Hearing Other Mtg Date 03126112 Mt Date Mtg Date Mtg Date 04/02/12 Mtg Date Mtg Date 03126112 Mt Date SPONSOR Council HR DCD Finance Fire IT P&R Police PW SPONSOR'S Riverton LLC has requested that the City enter into a Development Agreement (DA) for the SUMMARY construction of a LEED certified mixed use building at 12909 East Marginal Way South with both on and off -site frontal improvements. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 2/13/12,3/12/12 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development 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: N/A Comments: Riverton LL will provide the City $5,000 for staff time for preparing the DA MTG. DATE j 3/26/12 MTG. DATE 3/26/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 3/20/12- REVISED AFTER CAP MEETING Ordinance, with Proposed Development Agreement, with attachments, to include aerial photo of site; legal description, site plan and conceptual ROW plan, conceptual elevations, parking agreement, and and parking demand analysis Minutes from the Community Affairs and Parks Committee meeting of 3/12/12 Community Affairs and Park Memo dated 2/7/12 Minutes from the Community Affairs and Parks Committee Meeting of 2/13/12 17 x City of Tukwila TO: FROM: DATE: SUBJECT ISSUE Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole Brandon J. Miles, Senior Planner March 20, 2012 Riverton Development Agreement -12909 East Marginal Way South Revised Followina March 12. 2012 CAP Meetina Should the City of Tukwila enter into a Development Agreement with Riverton LLC for the construction of a mixed use building at 12909 East Marginal Way South? BACKGROUND On March 14, 2011, the Committee of the Whole was briefed about entering into a Development Agreement "DA with Riverton LLC "Developer") for the construction of a Leadership in Energy Environmental Design "LEED certified, mixed use building at 12909 East Marginal Way South. At that meeting the City Council expressed general support for the project, but had some concern with the impacts the project could have on street parking in the area. After the meeting, DCD staff and the Developer worked together to revise the proposal to address the Council's concerns regarding parking. On February 13, 2012 and March 12, 2012, Community Affairs and Parks "CAP was briefed on the revised project and the terms of the proposed development agreement. The following outlines the various issues with the proposed project. Parking The property owner is proposing a three story, mixed use building. The ground floor along East Marginal Way will have commercial tenants, which will include a small restaurant. Residential dwelling units (mixture of one and two bedrooms) will be included on the first, second and third floors. The applicant has reduced the number of apartment units for the project from 28 to 23 which will reduce the total parking demand. The following is the parking breakdown for the proposed project: Proposed Land Use 23 residential units 1,000 square feet of cafe space, only 800 sf usable 2,000 square feet of office Total: Zoning Code Requirement 2 stalls for every one unit 1 per 100 square feet of usable floor area 3 per 1,000 square feet of usable floor area Total Parking per Code 46 stalls 8 stalls 6 stalls 160 stalls 3 INFORMATIONAL MEMO Page 2 The Developer is proposing to install 39 parking stalls on site and will create an additional 12 stalls along East Marginal Way South. Thus, the total number of parking stalls proposed for the development is 51. This creates a deficiency of nine parking stalls. In order to construct the on- street parking the applicant will be required to complete full frontage improvements along development property and the adjacent school district (bus parking) property. Typically, the City would use the parking variance process to address the parking deficiency for the project. However, City code prohibits the issuance of a parking variance when the project is within 300 feet of a single family zone. It's unclear if this 300 feet requirement is based on path of travel or simply by distance. How the Development Aareement Will Address Parking: The Development agreement will address parking on the site by allowing the property owner to have a required parking ratio of 1.5 stalls for every one residential unit in lieu of the standard code requirement of 2 stalls per unit. When Council was briefed on the proposed parking reduction in March some concern was expressed with not having enough parking onsite for the residential units. This issue has been resolved by reducing the number of residential units. The required parking for the commercial operations will be located on East Marginal Way. Additionally, the commercial units could use the onsite parking during the daytime hours. The Developer has provided the City with a Parking Demand Analysis "Parking Analysis which is included as Attachment H. The Parking Analysis concludes that at peak time, the proposed use will need a total of 34 spaces (p. 4). The 34 space recommendation is based on a more traditional "urban" environment, like central parts of the City of Seattle. Given that Tukwila is more suburban, staff asked that the Parking Analysis include a parking demand calculation for a suburban land use pattern. The suburban Parking Analysis indicates that the proposed project would require 45 parking stalls (Appendix, p. 3). Regardless of which parking count is used, the proposed project will be installing more parking than is forecasted in the Parking Analysis. To further address parking on the property, the applicant has proposed a document (Attachment G) which will be recorded against the property that outlines how parking will be assigned and how the property owner will manage the parking. Split Zoning A parcel that is part of this development has split zoning, Low Density Residential "LDR and Neighborhood Commercial Center "NCC Tukwila Municipal Code (TMC) 18.08.040 provides an avenue for addressing this type of situation. "Where a district boundary line divides a lot which was in single ownership at the time of passage of this Title, the Hearing Examiner may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot'. The property owner petitioned and the Hearing Examiner approved extending the NCC zoning onto the LDR zoned portion. However, that approval has expired. The property owner could request that the Hearing Examiner reapprove the project; however this would add cost and time to the project. 4 ZADCD n Clerk's \Brandon \Riverton WCOW, 2012.03.26 \COW Memo.doc INFORMATIONAL MEMO Page 3 How the Development Agreement Addresses SD/it Zoning: Under the DA, the City Council will approve extending the NCC zoning onto the LDR zoned portion of the property. When Council was briefed in March of 2011 there did not seem to be any concern with this approach. Streamlined Land Use Approval When the City Council was initially briefed on the proposed development project, DCD discussed the various public hearings that would be required for the project. Not only would the project be required to complete a public hearing before the City Council acts on the DA, but a public hearing would also be required before the Board of Architectural Review. The City Council supported the idea of allowing the applicant to instead proceed with the proposed project by having only one public hearing which would be before the City Council. If the City Council approves the DA, they would also be approving the proposed elevations and conceptual site plan (Attachment D and F). How Development Agreement Addresses Streamlined Land Use Approval: The DA will waive the requirement that the developer obtain design review approval for the proposed project. All other land use reviews and construction permits are required. First Floor Usage The NCC zone allows mixed use buildings; however the code is unclear if the first floor may have residential units. TMC 18.22.050 (13) states that multi family units are allowed above office and retail uses. The applicant has proposed to have retail uses fronting along East Marginal Way, but would have first floor residential units facing the interior of the lot. At this location it would not seem feasible to require retail and /or office in the back part of the property without a street presence. How the Development Agreement Addresses First Floor Usage: The DA will allow the developer to have first floor residential units behind the commercial spaces that will front directly on East Marginal Way South. This approach did not cause any concerns when Council was initially briefed. Consideration Provided by the Applicant to the City In consideration of the City granting the DA, the developer has agreed to seek LEED certification for the proposed building and construct frontage improvements along East Marginal Way South. Staff briefed the Council about the consideration being provided at the March 2011 COW meeting. LEED Certification and LID Standards LEED certification is an environmental certification for new and existing buildings. Approval of LEED certifications is done by the US Green Building Council. There are varying degrees of certification ranging from simply, "LEED" Certified to "Platinum Status The developer will seek "silver' certification. The TMC does not allow the City to mandate LEED or other green construction certifications. It is only through the DA that the City can mandate that the proposed building be LEED certified. ZADCD n Clerk's \Brandon \Riverton WCOW, 2012.03.26 \COW Memo.doc 5 INFORMATIONAL MEMO Page 4 How the Development Aareement Addresses LEED Certification: The DA will be structured to have the developer provide the city a financial guarantee of $10,000. This financial guarantee will be returned to the developer once LEED certification is achieved. In the event that the developer is unable to achieve LEED certification the financial guarantee will be forfeited and the City will credit the $10,000 to the City's Stream Team Fund. Frontage Improvements along East Marginal Way South Much of the right of way of East Marginal Way is deficient and does not meet City code. The developer has agreed to construct full frontage improvements, including installing on- street parking along approximately 300 feet of East Marginal Way (Attachment D and E). The ROW that will be improved will also include that part of East Marginal Way that borders the adjacent bus parking lot for the Tukwila School District. How the Development Aareement Addresses Frontage Improvements: The DA will specify that the developer will install full frontage improvements along East Marginal Way South. Without the DA, the City would not be able to require that the applicant install the frontage improvements along the School District property. If the applicant pursued a project that did not utilize a DA, the City could only require frontage improvements along the portion of East Marginal Way that bordered the project site. As is typical practice, the frontage improvements must be installed before the City will issue the final certification of occupancy for the new building. Other Issues In order to create a unique building the property owner had originally requested some deviations from the required front setbacks along East Marginal Way; however since that time modifications to the TMC that resolve the issues with setbacks have been adopted. Staff would like to highlight some other points of the DA that were not included in the March 2011 COW briefing: 1. Identification of Proiect: The DA specifies that the developer must market and advertise the project as being located in the City of Tukwila. 2. Pavment of Fees: In order to compensate the City for City staff time and legal fees in working on the DA, the developer is required to pay the City $5,000. All other development fees (building and land use) are required at the time the applicable application is submitted to the City. DISCUSSION The proposed development highlights some issues with the current Zoning Code regulations and these issues should be ultimately addressed with amendments to the TMC, which would clarify the City Council's intent. Yet, the time it takes to process the code amendments would impact a developer who is ready to build, thus the need for a Development Agreement. The DA attempts to address some of the parking concerns that Council had at the March 2011 COW meeting. There is sufficient on -site parking to accommodate the residential units at a ratio of 1.5 parking stalls per unit. Unless specifically addressed in the DA, the developer shall comply with all the City's Development regulations, including building, fire, public works, land use and signage 6 ZADCD n Clerk's \Brandon \Riverton WCOW, 2012.03.26 \COW Memo.doc INFORMATIONAL MEMO Page 5 regulations. With the exception of design review, the developer shall obtain all required permits and land use approvals. RECOMMENDATION Staff recommends that the proposed Ordinance which will authorize the Mayor to sign the Development Agreement be forwarded to the April 2, 2012 Regular meeting for possible action. NOTIFICATION As required by State Law a public hearing has been scheduled for this evening's meeting. Notification for tonight's public hearing was provided as follows: 1. Legal Notice in the Seattle Times; 2. Postcard Notice to all property owners and tenants within 500 feet of the project site; 3. Notices were sent to the Tukwila Reporter, Tukwila Blog, Tukwila Talk, and Daily Journal of Commerce; 4. Posted Notice, with site map and elevations on the Property; 5. Notice to the Chamber of Commerce and Tukwila International Boulevard Action Committee; and 6. Notifications to the property managers for Sabey and Group Health Cooperative. ATTACHMENTS A. Ordinance in Final Form with Proposed Development Agreement B. Aerial Photo of Site C. Legal Description of Subject Property D. Site Plan showing proposed development and conceptual Plan showing proposed right of way improvements E. Conceptual Elevations showing proposed design of building F. Parking Demand Analysis G. Parking Agreement for Subject Property H. Minutes from the Community Affairs and Parks meeting from March 12, 2012 I. Community Affairs and Parks Memo dated February 7, 2012 (no attachments) J. Minutes from the Community Affairs and Parks meeting from February 13, 2012 ZADCD n Clerk's \Brandon \Riverton WCOW, 2012.03.26 \COW Memo.doc 7 x Attachment A DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND RIVERTON DEVELOPMENT, A LIMITED LIABILITY COMPANY ORGANIZED UNDER THE STATE OF WASHINGTON, REGARDING THE DEVELOPMENT OF LAND (KING COUNTY PARCEL NOS. 2384200055 AND 7345601005) LOCATED ALONG EAST MARGINAL WAY SOUTH; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Riverton Development, LLC has proposed to construct a Leadership in Energy and Environmental Design (LEED) certified, mixed -use building in the Riverton neighborhood of the City of Tukwila; and WHEREAS, this form of development is consistent with Tukwila's Comprehensive Plan Goals and Policies for this area; and WHEREAS, the City of Tukwila desires to allow this demonstration project to modify certain development standards in return for public benefits; and WHEREAS, the City and the Developer wish to create a development that is a model example for environmental stewardship for mixed -use projects within the City; and WHEREAS, the Washington State legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170(1)); and WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170(1)); and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)); and M WHEREAS, for the purposes of this development agreement, "development standards" include, but are not limited to, all of the standards listed in RCW 36.708.170(3); and WHEREAS, this Development Agreement by and between the City of Tukwila and the Developer (hereinafter the "Development Agreement relates to the development known as Riverton Development, which is located at 12909 East Marginal Way (hereinafter the "Subject Property as described in Exhibit "A and WHEREAS, the Subject Property has split zoning and Tukwila Municipal Code Section 18.08.040 allows the City to extend the zoning line on a property that contains split zoning; and WHEREAS, pursuant to RCW 36.706.190, this ordinance and the Development Agreement shall be recorded with the real property records of the county; and WHEREAS, pursuant to RCW 36.706.200, on March 26, 2012, 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 Riverton Development Limited Liability Company, a copy of which is attached to this ordinance as Exhibit "A," is hereby adopted. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. I$] PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk A Jim Haggerton, Mayor 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 11 12 Exhibit A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND RIVERTON DEVELOPMENT, LLC, FOR THE RIVERTON DEVELOPMENT L PREAMBLE THIS DEVELOPMENT AGREEMENT is made and entered into this day of 2012, by and between the City of Tukwila, a noncharter, optional code Washington municipal corporation, hereinafter the "City," and Riverton Development, a limited liability company organized under the laws of the State of Washington, hereinafter the "Developer." IL RECITALS WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170(1)), and WHEREAS, Riverton Development, LLC has proposed to constrict a LEED certified, mixed use building in the Riverton Neighborhood of the City of Tukwila; and WHEREAS, this form of development is consistent with Tukwila's Comprehensive Plan Goals and Policies for this area; and WHEREAS, the City of Tukwila desires to allow this demonstration project to modify certain development standards in return for public benefits; and WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to, govern, and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170(1)), and WHEREAS, for the purposes of this development agreement, "development standards" include, but are not limited to, all of the standards listed in RCW 3 16.7013. 170(3 and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)), and WHEREAS, this development agreement by and between the City of Tukwila and the Developer (hereinafter the "Development Agreement relates to the development known as Riverton Development, which is located at: 12909 East Marginal Way as described in Exhibit "A" (hereinafter the "Subject Property and 13 WHEREAS, the Subject Property has split zoning and Tukwila Municipal Code 18.08.040 allows the City to extend the zoning line on a property that contains split zoning, and WHEREAS, the City and the Developer wish to create a development that is a model example for environmental stewardship for mixed use projects within the City, and WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing (RCW 36.70B.200), and WHEREAS, a public hearing for this Development Agreement was held on March 26. 2012, and the City council approved this Development Agreement by Ordinance No. on NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows: III. AGREEMENT Section 1. The Proiect. The Project is the development and use of the Subject Property, consisting of approximately .58 acres in the City of Tukwila. The Project will be mixed use, consisting of residential and non residential use with associated parking. Section 2. The Subiect Property. The Project site is legally described in Exhibit "A" attached hereto and incorporated herein by this reference. Section 3. Definitions. As used in this Development Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section. a) "Adopting Ordinance" means the Ordinance which approves this Development Agreement, as required by RCW 36.70B.200. b) "Council" means the duly elected legislative body governing the City of Tukwila. c) "Design Guidelines" means the Tukwila Multi Family Design Manual, as adopted by the City. d) "Director" means the City's Community Development Director. e) "Effective Date" means the effective date of the Adopting Ordinance. f) "Existing Land Use Regulations" means the ordinances adopted by the City Council of Tukwila in effect on the Effective Date, including the adopting ordinances that govern the permitted uses of land, the density and intensity of use, and the design, improvement, constriction standards and specifications applicable to the development of the Subject Property, including, but not limited to the Comprehensive Plan, the City's Official Zoning Map and development standards, the Multi Family Design Manual, the Public Works Standards, SEPA, I Concurrency Ordinance, and all other ordinances, codes, riles and regulations of the City establishing subdivision standards, park regulations, and building standards. Existing Land Use Regulation does not include non -land use regulations, such as taxes and impact fees. g) "Landowner" is the party who has acquired any portion of the Subject Property from the Developer who, unless otherwise is released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. The "Developer" is identified in Section 5 below. h) "Project' means the anticipated development of the Subject Property, as specified in Section 1 and as provided for in all associated permits /approvals, and all incorporated exhibits. i) "Vesting date" means the Effective Date of this Agreement as defined above. Section 4. Exhibits. Exhibits to this Agreement are as follows: a) Exhibit A Legal description of the Subject Property. b) Exhibit B Site Plan showing proposed Development. c) Exhibit C Conceptual Plan showing proposed right of way improvements. d) Exhibit D Conceptual Elevations showing proposed design of building. e) Exhibit E Parking Covenant for Subject Property. Section 5. Parties to Development Agreement. The parties to this Agreement are: a) The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188. b) The "Developer" or Owner is a private enterprise which owns the Subject Property in fee, and whose principal office is located at 372 South 12 Street, Tukwila, WA 98168. c) The "Landowner." From time to time, as provided in this Agreement, the Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless otherwise released by the City, shall be subject to the applicable provisions of this Agreement related to such portion of the Subject Property. Section 6. Proiect is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the City has no interest therein except as authorized in the exercise of its governmental fruictions. Section 7. Effective Date and Term. This Agreement shall commence upon the effective date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of two years unless extended or terminated as provided herein. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no 15 force and effect, subject however, to post termination obligations of the Developer or Landowner. Section 8. Terms. A. Planninu and Development. 1) Parkin. The Project will install 39 onsite automobile parking stalls as shown in Exhibit B and shall install 12 parking stalls along the right of way of East Marginal Way South as generally depicted in Exhibit C. Parking can include both tandem stalls and compact stalls. The City will permit no more than 50 percent of the parking stalls to be compact stalls. The parking lot must also include the number of accessible stalls required by the Washington State Building Code. Accessible parking stalls meeting the requirements of applicable code provisions shall be included in the 39 parking stall total. The Developer shall install a bus information kiosk and a minimum of five spaces for bike parking. 2) Environmental Certification. The Developer agrees that it will seek Leadership in Energy Environmental Design (hereinafter "LEED certification. Within 30 -days of mutual execution of this agreement, the Developer shall provide the City a financial guarantee of $10,000. The City shall return the financial guarantee once the Developer provides certification that the building has achieved LEED Silver Certification. If LEED Silver Certification is not achieved before expiration of this Agreement, the Developer shall forfeit the financial guarantee and the City agrees to use the fiinds to support environmental restoration and educational projects. 3) Split Zoninu. The City agrees that the zoning and development standards for the Neighborhood Commercial Center (hereinafter: "NCC Zoning District shall apply to the entire property, including that portion of the property that is zoned Low Density Residential (hereinafter "LDR In the event that the building is demolished or destroyed, the underlying zoning regulations in effect at the time of demolition or destruction of the building shall govern any future development. Provided, should Landowner or Developer choose to recreate the Project as specified in this Agreement and as previously approved by the City, NCC Zoning shall continue to apply. 4) Restricted Usaue. Given that the City has granted a reduction in the required number of parking stalls on the site, the following uses on the subject site are strictly forbidden under this Development Agreement: i. Any non residential uses that have a parking demand of more than 1 stall per 100 square feet of usable floor area as listed in Figure 18 -7 of the Zoning Code Title 18. ii. Storage of household items such as upholstered fi rniture and indoor appliances on outdoor patios is prohibited. The developer and fi ture I: landowners agree to include this restriction in all future lease agreements with tenants. iii. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof agree to abide by the restrictions on usage stated above for thirty years after the effective date of the Adopting Ordinance approving this Agreement. The restrictions on usage shall survive the termination of this Agreement. 5) Design. The Developer agrees to constrict the building to the overall appearance shown in Exhibit D. No changes shall be made to the approved design shown in Exhibit D without further approval by the City Council, except that the Director is authorized to approve minor, insignificant modifications which have no impact on the project design. The final elevations, provided as part of any permit process shall meet all applicable building, fire, public works, and other code requirements. ii. The City agrees that the Project's initial constriction will not require a Design Review approval. Once the Project's initial constriction is complete, remodeling or additions to the Project will be subject to the City's design review requirements as they currently exist or as may be amended in TMC Title 18. iii. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof agree to abide by the Design standards and restrictions stated above for thirty years after the effective date of the Adopting Ordinance approving this Agreement. The restrictions in usage shall survive the termination of this Agreement. B. Public Works. The Developer agrees to install right of way improvements, including curb, gutter, sidewalk, and bike lanes as generally depicted in Exhibit C. The final design shall be approved by the Director of Public Works. Constriction of the improvements shall meet all City standards and be installed before issuance of a certificate of occupancy for the subject building. Section 9. Identification of Proiect. The Developer and any future landowner, agree that when marketing, advertising, or promoting the Subject Project that they will refer to the Project as being located in the City of Tukwila. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof agree to abide by this obligation as stated above for thirty years after the effective date of the Adopting Ordinance approving this Agreement. This obligation shall survive the termination of this agreement. 17 Section 10. Vested Rights. A. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Subject Property consistent with the Project described herein, Developer is assured, and the City agrees, that the development rights, obligations, terms and conditions specified in this Agreement, are fully vested in the Developer and may not be changed or modified by the City, except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented thereto by the Developer. B. This Development Agreement only covers those specific development standards addressed herein. The City's Development Regulations, including building, fire, public works, zoning, and signage regulations shall govern unless specifically addressed in this Agreement. No vesting is created by this Agreement for any other development regulation that is not included in this Agreement. Section 11. Permits Required. With the exception of the design review approval, the Developer and future landowner shall obtain all required permits. Section 12. Minor Modifications. Minor modifications from the approved permits or the exhibits attached hereto may be approved in accordance with the provisions of the City's code, and shall not require an amendment to this Agreement. Section 13. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit applications under SEPA. Nothing in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City and any of its officers or officials in complying with or applying Existing Land Use Regulations. Section 14. Existing Land Use Fees and Impact Fees. A. Land use, Building, Fire, Public Works and sign fees adopted by the City by ordinance as of the Effective Date of this Agreement may be increased by the City from time to time, and are applicable to permits and approvals for the Subject Property, as long as such fees apply to similar applications and projects in the City. B. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed in Chapter 9.48 of the Tukwila Municipal Code. IV. GENERAL PROVISIONS Section 1. Assignment of Interests. Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably ,M be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Riverton Development, LLC and the City. Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Section 3. Severabilitv. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. Section 4. Termination. This Agreement shall expire and /or terminate as provided below: A. This Agreement shall expire and be of no further force and effect if the development contemplated in this Agreement and all of the permits and /or approvals issued by the City for such development are not substantially underway prior to expiration of such permits and /or approvals. Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the City for any development. B. This Agreement shall expire and be of no further force and effect if the Developer does not constrict the Project as contemplated by the permits and approvals identified in this Agreement, or submits applications for development of the Subject Property that are inconsistent with such permits and approvals. C. This Agreement shall terminate either upon the expiration of the term identified in Chapter III Section 7 or when the Subject Property has been fully developed and all of the Developer's obligations in connection therewith are satisfied as determined by the City, which ever first occurs. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Agreement has been terminated. D. This Agreement shall terminate upon the abandonment of the Project by the Developer. The Developer shall be deemed to have abandoned the Project if a building permit for constriction of the building approved in this Agreement is not submitted to the City within two years of the date of this Agreement. E. This Agreement may terminate pursuant to Section 3 Severability or Section 10 Default. Section 5. Effect anon Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the Subject Property, any other conditions or restrictions specified in the Agreement to continue after the termination of this Agreement, or obligations to pay assessments, liens, fees or taxes. The payment for process of the Development Agreement as outlined in Section 18- shall survive. irt Section 6. Effects upon Termination on Citv. Upon any termination of this Agreement as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant to then existing planning and zoning laws). Section 7. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Agreement by any party in default hereof. Section 8. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Western Washington. Section 9. Attornevs' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. Section 10. Notice of Default /Onnortunity to Cure/Disnute Resolution. A. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution process. B. After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party or Landowner to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs as provided in the Tukwila Municipal Code for violations of this Development Agreement and the Code. Section 11. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 20 Section 12. Lrtegration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are not other agreements, oral or written, except as expressly set forth herein. Section 13. Authoritv. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. Section 14. Covenants Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall nun with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. A copy of the fully executed Development Agreement shall be recorded with King County. Section 15. Amendment to Agreement; Effect of Agreement on Future Actions. This Agreement may be amended by mutual consent of all of the parties, provided that any such amendment shall follow the process established by law for the adoption of a development agreement (see RCW 36.70B.200). However, nothing in this Agreement shall prevent the City Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations affecting the Subject Property during the next five years, as the City Council may deem necessary to the extent required by a serious threat to public health and safety. Nothing in this Development Agreement shall prevent the City Council from malting any amendments of any type to the Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations relating to the Subject Property five years from the anniversary date of the Effective Date of this Agreement. Section 16. Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Agreement as provided herein. Section 17. Notices. Notices, demands, or correspondence to the City and Developer shall be sufficiently given if dispatched by pre -paid first -class mail to the addresses provided by the executing parties below. Notice to the City shall be to the attention of both the City Administrator and the City Attorney. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. 21 Section 18. Expenses and Fees. Developer agrees to reimburse the City for actual expenses incurred over and above fees paid by Developer as an applicant that are incurred by City and that directly relate to this Agreement, including recording fees, publishing fees and reasonable staff and consultant costs not otherwise included within application fees. In addition, in consideration of the significant City staff time spent drafting and reviewing this Development Agreement, and of the substantial benefit the Developer is receiving in the form of a streamlined land review process, the Developer shall provide the City with $5,000. This Agreement shall not take effect until the fees provided for in this section, as well as any processing fees owed to the City for the Project are paid to the City. The Developer agrees that it is responsible for the payment of all City fees (land use permit fees, development permit fees, public works permit fees, sign permit fees, fire permit fees and other applicable fees) for the Project that are charged in the same manner to other properties and applicants of Tukwila. This Agreement shall be terminated if the Developer does not pay to the City the fees provided for in this section. Upon payment of all expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees shall be paid, at the latest, within thirty (30) days from the City's presentation of a written statement of charges to the Developer. The obligation of the Developer to pay all fees incurred shall survive the termination of this Agreement. Section 19. Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Section 20. Third Partv Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner to challenge this Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and /or Landowner(s). In such event, Developer and /or such Landowners shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer and /or Landowner shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. This section shall survive the termination of this Agreement. Section 21. No Presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rile that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. Section 22. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. Section 23. Recording. Developer shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.7013.190, no later than fourteen (14) days after the Effective Date and shall provide the City with a conformed copy of the recorded document within thirty (30) days of the Effective Date. 22 Section 24. Legal Representation. In entering into this Agreement, Developer represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement, that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same as its own free act, and that it frilly understands and voluntarily accepts the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be executed as of the dates set forth below: OWNER/DEVELOPER: By Its Riverton Development LLC 1 -3 South 126th Street Tukwila, WA 98168 CITY OF TUKWILA By: Jim Haggerton, Mayor City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98168 ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney 23 STATE OF WASHINGTON) ss. COUNTY OF On this day of ?01?, before me personally appeared to me known to be the individual that executed the within and foregoing instrument, and acknowledged the said instrument to be his /her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he /she is authorized to execute said instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: STATE OF WASHINGTON) ss. COUNTY OF KING 1 On this day of ?01?, before me personally appeared JIM HAGGERTON, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument, and acknowledged as the MAYOR of the City of Tukwila to be the free and voluntary act of said party for the uses and purposes mentioned in this instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: 24 Attachment B Project Site IL 165 ft CityGIS Ira Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. 25 26 Attachment C RIVERTON DEVELOPMENT ADDRESS: 12909 EAST MARGINAL WAY SOUTH TUKWILA, WA 98168 r1*91 011 04 [elm 04 IaI Eel a: 1010-l:[ Ole]oZKo]OIOIa1:161FI1 Eel a104 11aIV PARCEL #'S: SOUTH LOT 734560 -1005 NORTH LOT 238420 -0055 LEGAL DESCRIPTION: SOUTH LOT: RIVERTON ADD S 55 FT OF N 165 FT OF 25 -26 ALL TR 12 ESSICO ADD LESS ST NORTH LOT: ESSICO ADD TO RIVERTON LOTS 11 13 OF VAC PLAT OF ESSICO ADD TO RIVERTON TGW POR VAC ST ADJ 27 W.* C CL 'Z s. Attachment D 1 Lx Fr=_ l ia I I c CD O rr O O LL O LL Z w ut wt CG Q ut wt 30 riuullllllulllluuuuuuuuul p 'y t Z W �z aw O 2: w J LU W ry >a W n 0 w a Z O O J w �w ry o w�A >o ry o 31 Attachment E aD T '420 32 a� 4- U Q; C u L V D T Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o 33 34 i d a� 4- U Q; C u L 1 L J Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o 35 36 a� 4- U Q; C u L V D T Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o 37 W.* a� 4- U Q; C CJ L V D T Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o w .s a� 4- U Q; C u L V D T Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o 42 a� 4- U Q; C u L V D T Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o 2 x a� 4- U Q; C u L V D T Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o Fly .r. Q m w (9 w 'z O U W (7 Q Z (7 A U Z W CO a� 4- U Q; C u L L z w aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w� O FY O -iA .rim; Tukwila RIVERTON MIXED USE P,AfkW-12 Y AON Y March 10, 2012 011N 7 ource: r o:uot% Jake Traffic Engineering, Inc. Mark I Jacobs, PE, PTOE, President 2614 39t" Ave SW .?*»2» «3 #811 25■3 Tel. 206.762.1978 Cell 206.799.5692 w e 50 Jake Traffic Engineering, Inc. 23MM�I=� President 2614 39 Ave SW Seattle, WA 98116 2503 Tel, 206.762.1978 (ell 206.799.56,92 Brie Campbell, Leed AP 3723 S. 126a Street Tukwila, WA 98168 Re: Riverton Mixed Use Tukwila Parking Demand Analysis 9=11=M 23 unit apartment 3,000 sf commercial space (envisioned uses include a small caf6 and office) The proposed project is located at 12909 East Marginal Way in the City of Tukwila, Access to the site is via a driveway off of East Marginal Way South. The proposed project proposes to provide 51 parking stalls; 39 parking stalls will be the site and 12 parking stalls will be adjacent to the site. King County Nap is depicted to the right. The summary, conclusions and r,tc­#,,wm,tm0a1j#i-rs ant-". tagit 4 of this report, 0 Figure 1 is a vicinity map of the proposed project. A preliminary site plan is depicted on Figure 2. I 51 52 'ir,rE, Imtc:- Brie Campbell.. Leed AP RIVERTON DEVELOPMENT LLC March 10, 2012 Page -2- Wffliffrellmm�� Project Site pop, -9 0 Street System The primary streets within the Study areas and their functional classifications Tukwila Ordinance #1616 are as follows: SIR 99 E. Marginal Way 13314 St, S. 130th St. Transit Services The map to the right is the pertinent section of the Metro Transit System Map depicting transit service in the site vicinity. Metro Transit Routes on SR 99 about 1 /4 mile away and provides service on East Marginal Way, Further information on these routes can be found on the Metro Transit website (h PARKING IMPACT ANALYSIS Minor Arterial Minor Arterial Collector I Proiect Site Me& POR The Riverton Development project will provide 51 parkingspaces; 39 parking spaces will be on the site and 12 parking stalls will be on East Marginal Way S. adjacent and to the north of the site. City of Tukwila 1 UKWIla Z i ng C;o�Fe VIV, FIFS I ACCESS, AND RELATED IMPROVEMENTS provides the Zoning parking requirements foir the project. My review of the City Zoning Code ind�icates that the project requires the following parking, 23 units residential 1,000 sf cafe (800 sf useable) 2.000 sf office Total 46 stalls (2 per unit) 8 stalls (10 per 1,000 sf useable sf) 6 stalls (3 per 1,000 sf) 60 stalls 53 54 Brie Campbell, Leed AP RIVERTON DEVELOPMENT LLC March 10, 2012 Page -3- The parking demand per TZC for the above identified uses is noted at 60 stalls; however the parking peaks at different times during the day; the residentiail peaks late at night/early AM and the commercial uses in the daytime, Additionally, the City's parking requirement for the residential component is much higher than researched parking data suggests. Tukwila Zoning Code Section 18.56.140 Administrative Variance from Parking Standards provides a mechanism to obtain a variance from the required parking standards. I have prepared an Excel spreadsheet noting the envisioned uses with City and National parking data included with the time of peak noted. The residential component peaks during the late n ight/early •AM time period (1200 0400), the Office component peaks at 1000 1100 and the Cafe is expected to peak from 1200 to 1300 The Institute of Transportation Engineers (ITE) Parking Generation, 4 1h Edition identifies the time of the peak period and percentage of the peak period. The proposed project provides apartment and office uses. The parking rate, peak period, percentage of peak period and percentage during other uses peak periods for the above mentioned lands uses are identified in the table below: USE (LUC) Apartment (221) Suburban ITE Parking, Rate Iffice Building 2,84 spaces peT (701) 1,000 sf Restaurant 10.60 spaces (932) per 1,000 sf Percentage Of Percentage Peak Period Peak Period during other uses peak 0000 -0400 100% 65%/65% 1000-1100 100% 100/./90% 1200-1300 100% 10%/85% The peak period for the Apartment occurred during 0000 0400 hours (12:00 am 4:00 am). Data shows no percentages for the other uses during the Apartment peak period. Accounting for janitorial staff and other off hour maintenance I applied a 10% parking percentage during the Apartment peak for the off ice and restaurant use. In addition no ITE percentages were noted for the Apartment during the other uses Peak Parking period (1000 1100 and 120:0 1300). A percentage of 64% is identified during the 0800 time pericid; 65% is used' for the analysis. Attached in the appendix are pertinent sections noted above, Peak parking demand occurs at different times pending the use. Residential peaks occur at night and commerciai office and Caf6 uses during the day. The Riverton Development 55 56 E, 111 ri C Brie Campbell, Leed AP RIVERTON DEVELOPMENT LLC March 10, 2012 Page -4- project is a multi-use project that encompasses the aforementioned uses and thus is conducive to shared parking. M, ==111 FeWl 21111111 PLQ UNI A Its Rol M a Included in the appendix is the Excel spreadsheet that shows the peak parking demand for the above mentioned scenarios, The site is situated in an area that is neither completely Urban nor Suburban in nature; thus both the Urban and Suburban ITE parking data is used. The Suburban ITE data, as would be expected, shows higher parking demand than the Urbar� dQta. My analysis using City parking rates indicates that the peak parking demand for the project to be 47 stalls. Using ITE data the peak parking is projected at 34 stalls using Suburban data and 25 using Urban data. The residential peak parking demand on Saturday is 14% my analysis focused on the weekday peak. I recommend that a transit schedule kiosk be provided in the lobby of the building and appropriate bike parking be provided. This report analyzed the Peak Parking Demand for the proposed Riverton Mixed Use project. The parking requ:irements are governed by City Zoning Code. A peak parking analysis was I used the City parking requirement data and ITE data for time of peak parking demand to calculate the peak parking during the peak period for the Apartment and the commercial scenarios. My analysis using ITE data indicates the highest peak parking demand scenario during the resta urant peak period that resulted in a peak parking demand of 34 spaces. The proposed project provides 51 spaces that are sufficient to accommodate the peak parking demand. Transit service is available adjacent and near the site and ITE data shows less parking demand. The installation of a bus schedule kiosk in the building lobby and appropriate bike parking is recommended. 57 rowil plej Brie Campbell, Leed AP RIVERTON DEVELOPMENT LLC March 10, 2012 Page -5- N41 LEXPJ-- Very truly yours, Mark J. Jacobs, PE, PTOE iNll I 59 ME Riverton Mixed Use King CounV. i-ocation: 12909 East Marginal Way t. 61 Seattle S 112th St Sao S Leo St 73 99 S S AVOII St En S 115111 St C.0 A1011own rrs ep S 12Gth St re) Project Site (6 U) Bo ulcuard fg, skyway U) Park S 1241h ro Im E 3 Qqih S 128th 41 e, 130M St 4J] Lanysion p o.ta,: �I,rk S 133rd St 99 1., 3 133rd Xi 1 2r St 32r f} SY CO I ukwha P S 138th St searac 3 1401h St tWl Q) VI 61 C/) O "t, S 142nd St S 144Th St In 3 1441 St Faster Rmlon 3 146t17 Si S 148th St (O P02 M.—Of 61 62 #Project: Riverton Mixed Usie King Coun*p <-ocation: 12909 East Marginal Way NORTH 63 x wj d= z 0 u D z 0 0 LL i.- 0 z z cc o" LL z 65 I Pil r s. lt lz wj d= z 0 u D z 0 0 LL i.- 0 z z cc o" LL z 65 M 6 x IMAP 3 Ir WWI I County BOUndary ki,.ountaki Peak Highwarr-, 14 C C Ill t A t b Lakes and Large Rivers S tra�- a ni s Parcels Parks 200" CrUjor Aerial Photos 16m 2007 Color Aerlall Photos 112int COMMENTS Site Aerial The information Irdufted oil this nuip has been �s prnh on, dard Gounly staf fron sb 1 p %'K a var jac"" 0 o "Lou" o n expres l" .I, 1. To. us bf irin� nl.,m. ir ac t ilr." vai Cou ty makas no representations or warranlro.q. gin T document is not intended for Lisa as a su protium King County shall not Do liable for any general, special, indirect, ardilt or conssiquenfini damages widuding but riot irrulled To, lost rem nes or foal profits rissulling front The use or mi a of the information mritakried on ibis fnap Any sale of 'hu un.,' or on (rcir main ibite'd' axoapt by written perru,"im of King Counry, subs King County Source: King (.,Qunty oMAP Property Ififormiran (hilp HwWw ilnetrokc,gDWOSAIWAP) w e 70 '0 Ir- 7 (D Lo 1 6 C6 b 0 o 0 CN 0 w 0 0 0 000 E I m CL 0 0 LO W t6 6 6 0 Kt 0 0 0 1 o UO 60 c M co 16 I CL 0 0 z co Z) m r_ t:f CO M CL a) 0 1 cr- 71 0 0 0 CL 0 0 0 000 E I 0 0 0 LO W CN 4F CC7 m (D Ln 60 cl M co 16 F 0 0 OL H 0 0 CL 0 00 m 0 0 0 0 uo 0 0 0 i Lo 0 Lo 0 0 cl TH L m Q0 "t a" Z) m r_ t:f CO M CL a) 0 1 cr- 71 0 CL 0 000 E 0 0 0 LO W CN 4F CC7 m (D Ln C N cl M F C 0 0 0 CL 0 00 m 0 0 0 0 0 0 0 L m Q0 "t a" LaJ ao W- ICD [Z 0 0 01 0 Z CN m 0 (D 00 a) L Q 0 cr ri :3 C%4 0 m 10 10 0-) ico LLJ (D U') M C 0 0 0 00 CL (D eel c 04 0 m E Z) CO (D W CL Q) o cr E icr Z) m r_ t:f CO M CL a) 0 1 cr- 71 cc (D CL 0 0 0 0 000 (D t CL M 0 0 CL 0 0 0 0 0 0 0 0 L m Q0 "t a" [Z 0 01 Z (D 00 CL Q qzr 0) cr ri (D M CC i CL 04 0 m (f) 00 N 0 0 00 i LL (n Z) m r_ t:f CO M CL a) 0 1 cr- 71 72 0 ol 0 0 U) LIJ jT-q co c (6 o o Q) (N rf jo 0 0 c6 LO M CL C14 0 o6 L6 6 I'm CL 0 UD 0 0 0 0 a) c (D 1 1 0 C) o l 0 OL 0 M 0 0 mo i 0 o ol o ol L) m i(N 0 (Y) m --i (Y) i CL --1 N 0 0 0 0 0 000 E 0 C 0 41 H 0 M 2 U.J 0 0 0 00 00 L6 C5 U) .j Lu tlY z LU Co Im 0 0 fn 0 (6 Lu CL m CL 0 z 'U N E 0 0 co 0 m 0) C? 00 M q LO CN U) LIJ jT-q co c (if (N rf jo 0 m c6 LO M CL C14 0 o6 L6 6 I'm 0 0 UD a) c (D 1 1 0 0 0 0 M 0 0 0 CL 0 mo r-i L) m i(N 0 (Y) m --1 N C%4 0 0 (Y) 0 rl w c: H UJ L U.J 0 0 0 00 0 2 U) tlY (D Im CL i 0 0 CL N 0,0 C) 00 i 0 'U N E 0 0 co 0 0) C? 00 M (n 0 0 07 1,1 0 (Y) cn CD f-0 Kt ro 6 u� o6 :D (n 0 C 0 M 0 N 1 3 Q3 L� t O Q. T 0 0 OL vi E ao r-1 a) m I L< 4 1 a) r-1 al CL cl LO 0 Lo q 0 Lb 0 o �o o 00 i 0) 0 1 M M co o t C) 0 CL ri r-1 -x 10 (0 1 0 o 00, -,g 0 M 0 0 col 0) 1 CL 10 (Y) �rq T-q 0 Q �t CL o r4 .4 r 1 1000, I 1 0 01 4- 0 000 1 0 ID 0 E 001 (N rq 0) 0 E 00 ol 0 0 0 0 N u7 i LO Ln N N Lf) CN �o 0- CL o E 1 co Lin o -0 z n ©Q Lri 0' -c D LLJ LLJ M i LLJ m o 0 1 0 0 z 1w 0 o o ui co uo C 10 QO M CL -Y co Cd I CD 00 1 M 1 I cr i z I CL (D 00 M w M :D 1 W 1 t 1 0: uj t= U) LIJ jT-q co c (if (N rf jo 0 m CL C14 0 0- 0 0 UD a) c (D 1 m 0 M C) N M 1 0 0 CL 0 co CL L) m i(N 0 (Y) 0 10 --1 N C%4 0 0 (Y) 0 00 00 m UJ L U.J 0 0 0 00 0 2 U) tlY (D Im U) 0 0 V E N 0,0 C) 00 i 0 'U N E 0 0 co 0 0 2 C14 (n 0 0 N cn ro Co a :D (n 0 1 3 Q3 L� t Z:) Q) E Q a) a) m I L< 4 1 a) D rz jT-q M (if (N rf jo 0 C14 (Y) 0 14 0 C) N M 1 0 0 co m 3 75 L U) 11 CN 0 0 0 00 0 2 U) tlY (D U) Z) (D ro Co a V) (n 0 m 73 74 Figure 18-7 Required Number oif Parking Spaces for Automobiles and Bicyclet1l E Use Single-family and multi- family dwellings Multi-family and Mixed- Use residential (in the Urban Renewal Overlay (URO)) Religious facilifi mortuaries and fune homes 'Is Colleges, Universiti VocationaI Schools a other post-second educational institutions Convalescent/ nursing/rest homes Food stores and marke'l Automobile Standard 2 for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations and accessory dwelling units as otherwise proved by this title One for each dwelling unit that contains up to one bedroom. 0.5 additional spaces for every bedroom in excess of one bedroom in a multi-family dwelling unit. I WIW�j -47 1-1 --AV; VP%- W%r;PW. NrAW on site. An additional space shall be provided for spaces are in addition to required residential parking. If car sharing programs are not available when the buildlng is constructed, an equivalent number of guest parking spaces shall be provided. These shall be converted to available, For 15 units less, 1 space per dwelling unit. For dwellings with more than 15 units, a minimum of 15 spaces are required, plus 1 space per 2 dwelling units, H•50affilm. Bicycle Standard For multi-family, 1 space 10 parking stalls, with minimum of 2 spaces, requirement for single famill One secure, covered, ground-levef bicycle parking space shall be provided for a mixed-use or multi4amily uevelopment 11�__ 0111 4 G I I I MAN I I I I I I I I IN a 1 1, Shall be determined by Planning Commission, based on 1 space per 50 parking stalls, an evaluation of information conceming traffic generated with a minimum of 2 spaces. by proposed use. reTimm. M High schools 1 for each staff member plus 2 for every 5 students or visitors Hospitals 1 for each bed Hotels, motels and 1 for each room plus one employee space for each 20 extended stay rooms, rounded to the next highest figure Manufacturing I for each 1,000 square feet of usable floor area with a minimum of 2 spaces. with a minimum 2 spaces. I S 50 rking� Im N 75 76 Office, commercial and 3.0 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, professional buildings, with a minimum of 2 spaces. banks, dental and medical clinics Outdoor sports areas Shall be determined by Planning Commission 1 space per 50 parking stalls, With a minimum of 2 spaces. Places of public The Director shall determine the number of required 1 space per 50 parking stalls, assembly, including parking spaces, with a minimum of 1 space for every 100 with a minimum of 2 spaces. auditoriums, exhibition square-feet of assembly area. To ensure parking halls, community clubs, adequacy for each proposal, the Director may consider community centers, and the following: private clubs a. A parking study or documentation paid for by the applicant and administered by the City regarding the actual parking demand for the proposed use, or b. Evidence in available planning and technical studies relating to the proposed use. Post offices 3 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Public facilities, including I space per 50 parking stalls, libraries, police and fire Shall be determined by the Planning Commission stations With a minimum of 2 spaces. Restaurant 1 for each 100 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. I for each 50 square feet of usable floor area. Fifty 1 space per 50 parking stalls, Restaurant, Fast food percent of any outdoor seating area will be added to the with a minimum of 2 spaces. usable floor area for parking requirement calculations, Retail Bales, Bulk 2.5 for each 1,000 square feet of usable floor area I space per 50 parking stalls, With a minimum of 2 spaces. Retail sales, General within the TUC or TUB zoning districts; 2.5 for each 1,000 1 space per 50 parking stalls, square feet of usable floor area 4 located in any other with a minimum of 2 spaces, zoning district. Schools, Elementary 15 for each staff member 1 space per classroom Junior High MRIM, 25,000 499,999 sq. ft. 4 for every 1,000 sq, ft. Taverns 1 for every 4 persons based on occupancy load, 1 for every 4 fixed seats. If seats are not fixed, 1 per 3 Theaters seats, with concurrence of Fire Chief, consistent with maximum allowed occupancy Warehousing 1 for every 2,000 square feet of usable floor area ffla MMWINO M M 77 w TUKWILA MUNICIPAL CODE 18.56.140 Administrative Variance from Parking Standards A. General. 1. A request for an administrative variance from required parking standards must be received prior to any issuance of building or engineering permits. Administrative variances are only eligible for requests for reductions of required parking between 1% and 10 Requests for reductions from minimum parking standards in excess of 10% must be made to the Planning Commission. 2. The project developer shall present all findings to the Director prior to any final approvals, including design review, conditional use permit review, building review or any other permit reviews required by the Director. B. Criteria: 1. All requests for reductions in parking shall be reviewed under the criteria established in this section. 2. In addition to the following requirements, the Director may require specific measures not listed to ensure that all impacts with reduced parking are mitigated. Any spillover parking which cannot be mitigated to the satisfaction of the Director will serve as the basis for denial. A reduction may be allowed, pursuant to either an Administrative variance or requests to the Planning Commission, after: a. All shared parking strategies are explored. b. On -site park and ride opportunities are fully explored. c. The site is in compliance with the City's commute trip reduction ordinance or, if not an affected employer as defined by the City's ordinance, agrees to become affected. d. The site is at least 300 feet away from a single family residential zone. e. A report is submitted providing a basis for less parking and mitigation necessary to offset any negative effects. C. Process: 1. An applicant shall submit evidence that decreased parking will not have a negative impact on surrounding properties or potential future uses. This may take the form of a brief report for administrative variances. Decreases in excess of 10% must be made to the Planning Commission. The Director may require additional studies to ensure that negative impacts are properly mitigated. A complete and detailed Parking Demand study is required for requests reviewed by the Planning Commission. 2. All site characteristics should be described in report, including a. Site accessibility for transit. b. Site proximity to transit, with 15- to 30- minute headways. c. Shared use of on -site parking. d. Shared use of off -site parking. e. Combined on -site parking. f. Employee density. g. Adjacent land uses. D. Review: Applications for Administrative Variances for reductions below minimum parking requirements between 1% and 10% shall be processed as Type 2 decisions, pursuant to TMC 18.108.020. Applications for reductions from minimum parking requirements in excess of 10% shall be processed as Type 4 decisions, pursuant to TMC 18.108.040, including a hearing before the Planning Commission. (Ord, 1795 §2 (part) 1997) Page 18-178 Produced by the City of Tukwila, City Clerk's Office :1 Land Ise: 221 Lod-Rise Apartment Based on Vehicles per Weekday Dwellingr Unit (Suburban) Hour Beginning Percent 3p�le7eriod Number of Data Points* 12:00-4:00 a.m. 14 5:00 a.m. 14 6:00 a.m. 92 14 7:00 a.m. 74 I 1 8:00 a.m. 64 1 9:00 a.m. 0 10:00 a.m. 0 11:00 a.m. 0 12:00 p.m. 0 1:00 p 'm' 2:00 P.M. 0 0 3:00 p.m. 4:00 p.m. 44 0 5:00 p.m. 59 1 1 1 6:00 p.m. 69 1 7:00 p.m. 66 9 8:00 p'M' 75 9 9:00 p, m. 77 I 10 10:00 P.M. 92 14 1 11:00 P.M, 94 14 Subset of database 22111 =i stIPTI* Hn*iv triuicai6 irne n OT MOM coIT-IMM1 apa;rtment building, Rental and Homeowner Vacancy Rates for the United States: 1960 and 1965 to 2009, U.S, Census Bureau. hftP://www.c fttitUte of Transportation, Engineers [611 Parkiqq Oeneration, 4th Edition a m Land Usem, 221 4 Average Peak Period Parking Demand vs. Dwiellinig Units On a: Weekday Location: Urban 7 leekday Urban Peak Perioif Parking Demand Actual Data Points Institute y2»¥ m_ Engineers Fitted Curve 6- N 54 ME Parking Generation, 4th Edition w :m Land Use: 221 OW/Mid-Rlse Apartment 500 400 300 200 Saturday Urban Peak Period Parking Demand P 1,04x R2 0 I UU CI 0 100 Rtted Curve/Average Rate M Institute of Transportation Engineers 200 300 400 x Dwelling Units 55 1 WE C Y /1- e a Parking Generation. 4t11 Edil M RTA Land Use: 221 Low/Mid-Rise Apartment Average Peak Period Parking Demand vs. Dwelling Units On a: Weekday Location. Suburban Peak Period Demand 12:00-5:00 a.m. 21 311 dwelling units 1.23 vehicles per dwelling unit 0.32 21% 1.10 -1,37 vehicles per dwelling unit 0,59-1.94 vehicles per dwelling unit 1.94 vehicles per dwelling unit 0,68 vehicles per dwelling unit Weekday Suburban Peak Period Parking Demand R 0- 0 Fitted Curve M Institute cwt Transportatfon Engineers M Parking Generation, 41h Edition EM 500 1,000 x Dwelling Units Mej I L I ON1 ff Mlymri F t No OR O N M1_ pe estrian) available at the urban sites. Of the studies with data on transit availability and presence of a transportation demand management (TDM) program, the suburban sites reported about 55 percent with avaiiable transit services and 20 percent with TDM programs. The urban sites reported almost 100 percent with available transit and 63 percent with TDM programs of some form. VVeekend parking demand data were available at two study sites. At one site, the Saturday peak demand was less than 10 percent of peak weekday demand at the same site. At the other site, the Saturday and Sunday demand approached 90 percent of the weekday peak demand for the same site. It was not conducted during the weekend at the two sites. The following table presents the time-of-day distributions of parking demand variation for suburban and urban sites. The only sites included in the table data were those that submitted at least four consecutive hours of parking demand observations. (Note: the majority of the parking demand data in the overall database consisted o;f one or two hourly observations.) Based on Vehicles per Weekday Suburban Weekday Urban 1,000 ft. GFA Hour Beginning Percent of Peak Number of Data Percent of Peak Number of Data Period Points* Period Points* 12:00-4:00 a.m. 0 0 5:00 a.m. 0 0 6:00 a.m. 0 0 7:00 a.m. 59 1 19 I 2 8:00 a.m, 79 10 64 4 9:00 a.m. 12 91 5 10:00 a.m. too 12 99 5 11:00 a.m. I 12 99 5 12:00 p.m. I 90 12 98 5 1 1:00 P.M. I 77 7 96 5 2:00 p.m. 84 7 100 5 3:00 p.m. 81 6 99 5 4:00 p.m. 72 6 90 5 5:00 p.m. 46 6 58 i 3 6:00 P,rn. 25 1 0 7:00 p.m. 0 0 sm P.M. 0 0 9:00 P-M, 0 0 10:00 P.M- 0 0 11:00 P.M. 0 0 Subset of database M Institute of Transportation Engineers 202 1 PatkIng Generation, 41h Hilo w e x M.117MMN, 0 Average Peak Period Parking Demand vs. 1,000 sq Weekday Location- Urban Weekday Urban Peak Perlo Parking Demand I Actual Data Points Institute of TransPortation Engineers 206) Parking Generation, 4th Edition 91 0 500 1,000 1,500 sq. ft. GFA 6,000 5,000 4,000 3,000 2,000 CL 1,000 0 Actual Data Points Institute of TransPortation Engineers 206) Parking Generation, 4th Edition 91 0 500 1,000 1,500 sq. ft. GFA 92 Lwjlm- Average Peak Period Parking Demand 1.000 S#. GFA On a: Weekday Location. Suburban Weekday Suburban Peak Periok Parking Demand M Actual Data Points t Fitted Curve Average Rate Parking Ganeration, 41h Ed0ion 93 2,000 1 1,600 1,400 1,200 1,000 800 600 a. 400 11 2�00 CL 0 M Actual Data Points t Fitted Curve Average Rate Parking Ganeration, 41h Ed0ion 93 x Land Use: 932 Aligh-Turnover (Sit,-Down) Restaurant 7 x9ax I ggxvu El I L;ATWrQi'qq r. =a Irw tz tv M r. yj rw'm I I ILOJ I a r, 14 Lelffiva inx 1 nru 1 In I I LR M I It v j&I 14 Lq VM 1 4 12M-4:00 a.m. 5:00 a.m. 6:00 a.m. TOO a.m. 8:00 a.m. MO a.m. 10:00 a.m, 11:00 a.m. 12:00 p.m. 1:00 P.M. 2:00 o,m, 3:00 p.m. 4:00 p.m. 5:00 p.m. 6:00 p.m. 7:00 p.m. 8:00 p.m. 9:00 P,M. 10:00 P.M' 1 11:00 P, M. Subset of database 12:00-4:00 a.m. 5:00 a.m. &00 a.m 7:00 a.m. 8:00 a.m. 9M a.m. 10:00 a.m. 1 11:1010 a.m. 12:00 P.M. 1:00 P.m. 2:00 p.m. 3:00 p.m. 4:00 p.m. 5:00 p,m. 6:00 P'M. 7:00 p,rn, 8:00 P.M. 9:00 P.M 10:00 O.M. 11:00 P.M. Subset of database zzz�E Family Restaurant Percent of Number of Peak Period Data Points* 0 0 9 1 26 4 44 5 57 8 76 9 85 9 11 11 1100 12 11 39 53 12 42 11 42 12 76 11 83 12 63 10 66 10 63 7 48 5 44 2 Saturday at a Family Restaurant Percent of Nu!riiber ol Peak Period Data Points* Percent of 0 Peak Period 0 20 4 30 5 51 7 73 9 94 10 100 10 93 11 84 10 63 11 39 10 48 11 55 11 63 11 74 11 55 11 39 9 40 8 53 3 Weekday at a Restaurant with Bar or Lougge Percent of Number of Peak Period Data Points* 0 0 0 0 5 5 1 7 16 49 1 39 1 27 1 19 1 22 1 60 5 94 5 100 5 81 5 84 1 0 0 Percent of Number of Peak Period Data Points* 0 0 0 0 0 5 7 20 41 53 1 46 38 63 I 1 80 100 93 70 33 9 0 Institute of Transportation Engineers (3161 Parktng Genetation, 41h Edihon 95 m and Use 932 High-Turnover (Sit-Down) Restaurant Average Peak Period Parking Demand vs. 1,000 sq. ft. GFA On 7:W e d y an 2©e Code Subset: Family Restaurant (No Biar or Lounge) Location: Urb"_� U) 50 0 U 40 :E 9 30 20 MEN 0 0 Weekday Urban Peak Periof- Parking Demand (Family Restaurant) 1 2 3 4 x 1,000 sq. ft. GFA Institute of Transportation Engineers 5 Pork Generation, 4(h Edifion 97 RX Average Peak Period Parking Demand vs. 1,000 sq. ft. GFA On a: Weekday Land 2©e Code Subset: Family Restaurant (No Bar or Lounge) Location- Suburban 100 z 80 :E 60 V 0 J9 40 0! a 0 w e 100 Attachment G Riverton Apartments Parking Agreement Parking provided per Developer's Agreement 39 on -site stalls (9 tandem, 2 ADA) 34 stalls will be dedicated to residential tenants 5 additional on -site stalls will be dedicated to visitor parking (guests, maintenance vehicles, employee parking, etc.) Street improvements will be made to provide for 12 additional on- street stalls along the west side of E. Marginal Way South. Shared Parking in order to alleviate demand for street parking and ensure cars do not impact the surrounding neighborhood streets, Nine (9) designated on -site stalls shall be signed and available for commercial use from the hours of 9am -5pm Mon -Fri, excluding holidays. Permitted cars of residential tenants shall have priority. (See site plan exhibit) Resident Parking Contract Terms Prior to the issuance of a parking permit, residents are required to review and acknowledge their understanding of the parking rules (this document is also incorporated herein as part of the lease). Permits and Availability One parking permit per one bedroom unit may be issued. Two parking permits per two- bedroom unit may be issued. Short term permits shall be available to guests and maintenance vehicles on 8 -hr or 24-hr cycle. Users should apply with the manager prior to parking. Parking permits are not transferable to another resident, non resident, vehicle, or other individual, etc. Unidentified vehicles may be immediately towed. All vehicles must appropriately display the required parking permits as instructed by the manager. Alternate locations for placement may be available. Lost or stolen parking permits may be reissued at a cost of $25. If damage to a permit occurs, the manager should be immediately notified so the damage to the sticker can be verified. Please contact your manager before selling your vehicle or otherwise replacing it, the parking enforcement contractor will consider the vehicle to be in violation if the proper permit is not attached. Manager may ask for visual vehicle verification and proof of registration prior to issuing a parking permit. The license plate of the vehicle must always match the vehicle make, model, and parking permit. Do not attempt to transfer the permit to another vehicle. If the vehicle is replaced then you must notify the manager in writing AND the manager should be present when the old permit is removed or destroyed or another permit may not be issued. A $25 fee may be applied if this is not properly addressed. The parking of trailers, utility vehicles, snowmobiles, boats, RV's, vehicles of family members, vehicles that occupy more than one space, and vehicles parked inappropriately in compact spaces, etc. are ail prohibited. Note: vehicles may not park in compact spaces if the bumper of the vehicle extends more than 12" beyond the end of the painted parking line or if it otherwise obstructs traffic. Long term parking or vehicle storage is not allowed. This is identified as any vehicle that remains unmoved for 7 days or more. Only operational vehicles may be parked in the lot. Trailers, extra long or wide vehicles, commercial vehicles, recreational vehicles, and etc. are not allowed and shall not be issued a parking permit. Such violations will result in a vehicle being towed at the expense of the vehicle owner. 101 Residents shall instruct guests to park only in designated stalls and they must display a visitor pass (consult manager for availability). Enforcement In orderto preserve order, assist with parking maintenance, and for obvious safety issues, parking enforcement contractor Is there going to be a parking enforcement contractor is authorized to boot or tow (at the expense of the resident or vehicle owner) any vehicle for some of the following issues: parking rules, blocks traffic, blocks access to dumpsters, violates any parking agreement or policy, does not display the required parking permit, failure to pay parking enforcement fine /fees, resident or vehicle occupant cancels payment for a previous fine, parking in a fire lane or other emergency area, double parking (without written consent of the manager), parking in a no parking zone, parking without a valid permit or when a permit has been revoked, parking without having signed and returned the parking agreement as required, etc. Miscellaneous Violations, Penalties, and Fines Vehicles may be booted, towed, or forfeit of parking for violation of parking policy, obstructing traffic, double parking, parking in no parking zones, blocking or restricting trash removal around dumpsters, creating a life safety issue, violating /interfering with current parking rules, threatening contractors, manager, or other resident (verbal, physical, or vulgar gestures), or if resident refuses to pay applicable fees to the parking enforcement contractor(s), etc. The costs associated with towing or disposing of abandoned vehicles, vehicle parts, tires, oil /lubricants, antifreeze, gasoline, etc. shall be paid by the resident or residents of the apartment- additional handling or disposal fees will apply. Do not store or leave any flammable material, substance, motor oil, automotive or engine fluids, automotive parts, greasy /oily items, or other such material on the property or in the apartments. Violators will be charged a minimum $30 fine (per container or incident) for any of the above mentioned issues AND be responsible for any identified damage, repair or replacement costs (plus significant handling costs). Default of contract will be considered. Do not store scooters, bikes, motorized vehicles, etc. in the apartment or along exterior ingress /egress areas. Do not perform any maintenance or repair, on any vehicle, motorcycle, bicycle, or motorized vehicle, etc. anywhere on the property without the written consent of the manager. Minimum $30 for minor infraction. Vehicles that leak oil or other fluids may not be allowed to park in the parking lot until the issue is properly repaired. Electricity for engine block heaters may not be allowed as they frequently constitute a serious safety, utility, and /or property damage concern (i.e. snow removal, trip hazard, electric shock, open windows and doors causing utility and safety risks, and window screens and wall are often damaged in an effort to get power to the vehicle etc.) Written approval from the manager is required. Serious, continual, or repeat violation may require that the resident forfeit parking temporarily or permanently. Scope 1. The provisions and conditions of this Agreement shall run with the land for those properties referenced in paragraph 1 of this document and be enforceable against successors in interest and assigns of the signing parties. 2. Title to and the right to use the lots upon which the parking is to be provided will be subservient to the title to the property where the primary use it serves is situated. 3. The property or portion thereof on which the parking spaces are located will not be made subject to any other covenant or contract for use which interferes with the parking use, without prior written consent of the City. 4. This Agreement is in perpetuity and can only be terminated if replacement parking has been approved by the City's Director of Community Development and written notice of termination of this agreement has been provided to the other party at least sixty (60) days prior to the termination date. 102 Attachment H City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meetin Minutes Alar'ch 12, 2012 5: 001). n7. PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffie and Verna Seal (siting in for Allan Ekberg) Staff: Jack Pace, Nora Gierloff, Derek Speck, David Cline, Rick Still, Brandon Miles and Kimberly Matcj Guests: Brie Campbell, Riverton Development; Aaron Hundtofte, Riverton Development; Bent Alexander, Riverton Development; Matt Masse, Shugart Architecture; Mark Jacobs, Jake Traffic Engineering; and Vanessa Zapitul, resident; CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Develoument Aureement: Riverton Develoument Staff is seeking Council approval of a development agreement between the City and Riverton LLC regarding the property at 12909 East Marginal Way South. This item is returning to Committee from Februaiy 13, 2012, to continue discussion of the development agreement, specifically parking availability. Based on discussions regarding parking concerns from the previous Committee meeting, the developer has removed two apartment units from the proposed development in order to free up parking. This change results in 23 apartment units rather than 25 units. Riverton LLC hired Jack Traffic Engineering, Inc. to evaluate and conduct a parking demand analysis. In summaiv, this analysis suggests that the proposed 51 parking spaces (39 onsite, 12 in the right- of -Nvay adjacent to site) exceeds the minimum 34 spaces listed as being required by the Parking Demand Analysis. Committee Members asked clarifying questions, and Committee Chair Hougardv inquired about the public outreach efforts that would be involved with the public hearing required for the development agreement. Staff responded that all properties within 5(_)(_) feet of the location will be notified via postcard of the public hearing, notice will be placed in the Times and other regular venues such as the City's website and Channel 21. Additionallv, a NOTICE board has been placed on the property, and Brandon Miles will hy to ensure the information is available in the Tukwila Reporter if the time permits. Staff will be amending the memo that goes to frill Council in order to reflect an information update regarding the reduction in the number of apartment units. UNANIMOUS APPROVAL. FORWARD TO MARCH 26 COW FOR PUBLIC HEARING AND DISCUSSION. B. Grant Acceutance: Duwamish River Shoreline Restoration Grant Staff is seeking Council approval to accept $50,000 in funding from the =4Culture Heritage Cultural Facilities Grant. These monies will assist with the acquisition of the 1.75 acre westImi -cel located adjacent to (west side of) the Dusyainish Hill Preserve. There is no matching fund requirement for this grant. UNANIMOUS APPROVAL. FORWARD TO MARCH 26 COW FOR DISCUSSION. 103 Communitv Affairs Parks Committee Minutes March 12, 2012 Pace 2 III. MISCELLANEOUS Vanessa Zapitul shared 'with the Committee that she Nvould like the Council to consider reinstating the pre- school program at the Community Center that i as eliminated last rear. Staff stated that although her request would be noted in the Committee minutes, it would be beneficial for her share her request during Citizen Comments portion at a Council meeting. Parks Recreation staff mentioned that several pre school program options are being researched and reviei ed for consideration, but more likely than not mould be included until the 2013 -14 budget proposal process begins. Meeting adjourned at 5:48 p.m. Next meeting: Monday, March 26, 2(_)12 5:(_)(_) p.m. —Conference Room 43 JI Committee Chair Approval Minutes by KAM. Reviewed by BM. ME Attachment 1 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Brandon J. Miles, Senior Planner DATE: February 7, 2012 SUBJECT: Riverton Development Agreement -12909 East Marginal Way South ISSUE The purpose of tonight's meeting is to provide Community Affairs and Parks "CAP an overview of the major terms of a possible Development Agreement "DA between the City of Tukwila "City and Riverton LLC "Developer A final copy of the DA will be provided to CAP on February 27, 2012. The goal of this evening's meeting is to get final input from CAP before proceeding with the final document. BACKGROUND On March 14, 2011, the Committee of the Whole was briefed on a property owner who has approached the City about entering into a development agreement for the construction of a Leadership in Energy Environmental Design "LEED certified, mixed use building at 12909 East Marginal Way South (see attached map). At that meeting staff provided the Council an overview of the issues that are proposed to be addressed in the development agreement. The issues briefed at the March 14 meeting included: Parking The property owner is proposing a three story, mixed use building. The ground floor along East Marginal Way will have commercial tenants, which will include a small restaurant. Residential dwelling units (mixture of one and two bedrooms) will be included on the first, second and third floors. The City's parking regulations require that a total of 63 -64 stalls be provided for the proposed uses. The exact number would be based on whether the applicant chooses office or retail tenants. The property owner is proposing to install 39 parking stalls on site and will create an additional 11 stalls along East Marginal Way South. Thus, the total number of parking stalls proposed for the development is 50. This creates a deficiency of 13 -14 parking stalls. In order to construct the on- street parking the applicant will be required to complete full frontage improvements along their property and the adjacent school district (bus parking) property. Typically, the City would use the parking variance process to address the issue presented by this development. However, City code prohibits the issuance of a parking variance when the project is within 300 feet of a single family zone. It's unclear if this 300 feet requirement is based on path of travel or simply by distance. How Development Agreement Will Address Parking: The Development agreement will address parking on the site by allowing the property owner to have a required parking ratio of 1.5 stalls for every one residential unit in lieu of the standard code requirement of 2 stalls per unit. When Council was briefed on the proposed parking 105 INFORMATIONAL MEMO Page 2 reduction in March some concern was expressed with not having enough parking onsite for the residential units. This issue has been resolved by reducing the number of residential units. The required parking for the commercial operations will be located on East Marginal Way. Additionally, the commercial units could use the onsite parking during the daytime hours. To further address parking on the property, the applicant has proposed a document which will be recorded against the property that outlines how parking will be assigned and how the property owner will manage the parking. The terms of this document are currently being worked out and will be provided to the Council at the February 27, 2012 CAP meeting. Split Zoning A parcel that is part of this development has split zoning, Low Density Residential (LDR) and Neighborhood Commercial Center (NCC). Tukwila Municipal Code (TMC) 18.08.040 provides an avenue for addressing this type of situation. "Where a district boundary line divides a lot which was in single ownership at the time of passage of this Title, the Hearing Examiner may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot". The property owner petitioned and the Hearing Examiner approved extending the NCC zoning onto the LDR zoned portion. However, that approval has expired. The property owner could request that the Hearing Examiner reapprove the project; however this would add cost and time to the project. How Development Aqreement Addresses Split Zoninq: Under the DA, the City Council will approve extending the NCC zoning onto the LDR zoned portion of the property. When Council was briefed in March of 2011 there did not seem to be any concern with this approach. Streamlined Land Use Approval When the City Council was initially briefed on the proposed development project, DCD discussed the various public hearings that would be required for the project. Not only would the project be required to complete a public hearing before the City Council acts on the DA, but a public hearing would also be required before the Board of Architectural Review. The City Council supported the idea of allowing the applicant to instead proceed with the proposed project by having only one public hearing which would be before the City Council. If the City Council approves the DA, they would also be approving the proposed elevations and conceptual site plan. How Development Aareement Addresses Streamlined Land Use Approval: The DA will waive the requirement that the developer obtain design review approval for the proposed project. All other land use reviews and construction permits are required. First Floor Usage The NCC zone allows mixed use buildings; however the code is unclear if the first floor may have residential units. TMC 18.22.050 (13) states that multi family units are allowed above office and retail uses. The applicant is proposing to have retail uses fronting along East Marginal Way, but would have first floor residential units facing the interior of the lot. At this WA2012 Info Memos- Council\RivertonDkdoc 106 INFORMATIONAL MEMO Page 3 location it would not seem feasible to require retail and /or office in the back part of the property without a street presence. How the Development Aareement Addresses First Floor Usaae: The DA will allow the developer to have first floor residential units behind the commercial spaces that will front directly on East Marginal Way South. This approach did not cause any concerns when Council was initially briefed. Consideration Provided by the Applicant to the City In consideration of the City granting the DA, the developer has agreed to seek LEED certification for the proposed building and construct frontage improvements along East Marginal Way South. Staff briefed the Council about the consideration being provided at the March 2011 Committee of the Whole meeting. LEED Certification and LID Standards LEED certification is an environmental certification for new and existing buildings. Approval of LEED certifications is done by the US Green Building Council. There are varying degrees of certification ranging from simply, "LEED" Certified to "Platinum Status The developer will seek "silver" certification. The TMC does not allow the City to mandate LEED or other green construction certifications. It is only through the DA that the City can mandate that the proposed building be LEED certified. How the Development Agreement Address LEED Certification: The DA will be structured to have the developer provide the city a financial guarantee of $10,000. This financial guarantee will be returned to the developer once LEED certification is achieved. In the event that the developer is unable to achieve LEED certification the financial guarantee will be forfeited and the City will credit the $10,000 to the City's Stream Team Fund. Frontage Improvements along East Marginal Way South Much of the right of way of East Marginal Way is deficient and does not meet City code. The developer has agreed to construct full frontage improvements, including installing on- street parking along approximately 300 feet of East Marginal Way. The ROW that will be improved will also include that part of East Marginal Way that borders the adjacent bus parking lot for the Tukwila School District. How the Development Agreement Addresses Frontage Improvements: The DA will specify that the developer will install full frontage improvements along East Marginal Way South. Without the DA, the City would not be able to require that the applicant install the frontage improvements along the School District property. If the applicant pursued a project that did not utilize a DA, the City could only require frontage improvements along the portion of East Marginal Way that bordered the project site. As is typical practice, the frontage improvements must be installed before the City will issue the final certification of occupancy for the new building. WA2012 Info Memos- Council\RivertonDkdoc 107 INFORMATIONAL MEMO Page 4 Other Issues In order to create a unique building the property owner had originally requested some deviations from the required front setbacks along East Marginal Way however since that time modifications to the TMC that resolve the issues with setbacks have been adopted. Staff would like to highlight some other points of the DA that were not included in the March 2011 Committee of the Whole briefing: 1. Identification of Proiect: The DA specifies that the developer must market and advertise the project as being located in the City of Tukwila. 2. Pavment of Fees: In order to compensate the City for City staff time and legal fees in working on the DA, the developer is required to pay the City $5,000. All other development fees (building and land use) are required at the time the applicable application is submitted to the City. DISCUSSION The proposed development highlights some issues with the current Zoning Code regulations and these issues should be ultimately addressed with amendments to the TMC which would clarify the City Council's intent. Yet, the time it takes to process the code amendments would impact a developer who is ready to build, thus the need for a Development Agreement. The DA attempts to address some of the parking concerns that Council had at the March 2011 Committee of the Whole meeting. There is sufficient on -site parking to accommodate the residential units at a ratio of 1.5 parking stalls per unit. Unless specifically addressed in the DA, the developer shall comply with all the City's Development regulations, including building, fire, public works, land use and signage regulations. With the exception of design review, the developer shall obtain all required permits and land use approvals. The review approach outlined in the DA allows for public comments to the City Council, but will streamline the applicant's review process if the DA is approved by the Council RECOMMENDATION The goal of this evening's meeting is to provide the Council a final briefing of the proposed DA before staff completes the final document. Staff recommends that the DA be referred to the February 27, 2012 Community Affairs and Parks Committee meeting for review of the specific language of the DA. If there are no concerns at that meeting, staff would suggest the DA is scheduled for the March 12, 2012 Committee of the Whole meeting for a public hearing and the March 19, 2012 Regular Council meeting for possible action. ATTACHMENTS Aerial Photo of Site Site Plan Proposed Site Plan of Right of Way Improvements Along East Marginal Way Proposed Conceptual Elevations WA2012 Info Memos- CouncikRiveRonDkdoc 108 Attachment J City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meetin Minutes Febrzuu-i^ 13, 2012— 5:00P. r. PRESENT Councihmmbers: Kathv Hougardv, Chair; Joe Duffie and Allan Ekberg Staff: Jack Pace, Nora Gierloff, David Cline, Rick Still, Nate Robinson, Tracy Gallaway, Shannon Fisher, Dave Johnson, Brandon Miles and Kimberly Matzj Guests: Teens for Tukwila: Kiara Hill, Ahmedina Dacic, Mohamed Abdi, Sienna Hav kins, Zane Galoia, Tomaz Baskin, Al(Jandra Silva, Emma Coleman, Natalie Moy, Brie Campbell, Riverton Development; Aaron Hundtofte, Riverton Development; Kent Alexander, Riverton Development; Matt Masse, Shugart Architecture; Charlie Shugart, Shugart Architecture CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Parks Recreation Events Calendar As an information only item, Committee Members reviewed the Parks Recreation calendar for FebruaiN and March. INFORMATION ONLY. B. Special Events Annual Reuort As an information only item, staff reviewed the 2(_)11 Special Events Annual Report. Due to the budget challenges faced by the City changes were made to several special events this past rear. Staff discussed these changes, specifically- the change of Tukwila Days from one fiill day event to several smaller "mini" events. Additionally, staff shared some event changes that will be implemented in 2(_)12 in response to experiences in 2011 (marketing opportunities, event hours, locations etc.). C. Introductions: Teens for Tukwila Teens for Tukwila formed in 2008 as a leadership development group that focuses on college preparation, job preparation and community seitirice. The group's mission is to Help Teens Prelmi -e for Their Future. The teens introduced themselves to the Committee Members and shared where they attend school. The group had an interactive discussion with the Committee, but due to time constraints, they were unable to have all their questions answered. The teens are hopeful that they swill have future opportunities to attend Committee and /or Council meetings and have conversations with Councilmembers. INFORMATION ONLY. D. Grant: Duwamish River Shoreline Restoration Grant As information only, staff briefed the Committee on a recently grant application for $20,000 in funding from King Conservation District. If received, this fiinding will be used to assist with the Duivatnish River Shoreline Restoration Project. Specifically this grant will fund documentation of existing conditions; the purchase of plants for re- vegetation; volunteer recruitment and organization; public outreach; and maintaining and monitoring restored shoreline areas. Although no cash match is required for this grant. Boeing Employee Credit Union has taken an active role in assisting with and participating in shoreline restoration on the Duwarnish River. INFORMATION ONLY. 109 CommunitvAffairs Parks Committee Minutes February 73, 2072 Paae 2 E. Develoument Agreement: Riverton Develoament As directed by the City Council (see ('onunrunitv Affair's Parks ('on7n7ittee n7inutes clatecl Fehrmy 28, 2011, and ouneil minutes clatecl March 14, 2011) staff has been working on a development agreement with Riverton LLC regarding the property at 12909 East marginal Way South. Prior to finalizing the draft development agreement, staff is bringing this item foiivard to Committee for a brief summaiv and review of the agreement to gauge any concerns or additional changes that need to be made. Items of the agreement that staff highlighted included: Parking Split Zoning Streamlined Land Use Approval First Floor Usage LEED Certification Frontage Improvements Project Identification (market and advertise as being located in Tukwila) Compensation for Development Agreement Work Committee Members continued to express concern regarding parking availability. Staff's intent is to return to a ftrture Communitv Affairs Parks Committee meeting to reyieiv the draft agreement in more detail and seek Committee recommendation. At that time, a more in depth discussion will take place regarding the Committee's parking concerns. Time ivas limited for discussion do to an MPD meeting at 6:00 p.m. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5;55 p.m. Next meeting: Monday, Februaiv 27, 2012 5:00 p.m. —Conference Room 43 Committee Chair Approval Wiute' by ftAU Reviewed by BM. Ii COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date I Prepared by I Mayor's review I Cou l gwiew 03/26/12 I RS ,mac c- I TIV, 04/02/12 RS I 4.6 ITEM INFORMATION STAFF SPONSOR: RICK STILL I ORIGINAL AGENDA DATE: 3/26/12 AGENDA ITEM TITLE Duwamish Hill Preserve: 4Culture Heritage Facilities Grant CA1 EGORY ®Discussion ®Motion El Resolution ❑Ordinance ❑Bid Award F Public Hearing Other Mtg Date 3126112 Mtg Date 412112 Mt g Date Mt Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PWI SPONSOR'S A 4Culture Heritage Cultural Facilities Grant has been awarded in the amount of $50,000 SUMMARY to be utilized towards acquisition of the western parcel of land adjacent to Duwamish Hill Preserve. (no funding match required) Parks and Recreation is seeking Council approval for the Mayor to enter into a contract so the City can receive the funds. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/12/12 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation COMMITTEE Unanimous Approval; Forward to Consent Agenda of Regular Meeting COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: Matching funds for this grant are not required IMTG.DATEI RECORD OF COUNCIL ACTION 3/26/12 MTG. DATE I ATTACHMENTS 3/26/12 Informational Memorandum dated 3/7/12 Contract with 4Culture accepting $50,000 grant award Minutes from the Community Affairs and Parks Committee meeting of 3/12/12 4/2/12 111 112 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director� DATE: March 7, 2012 SUBJECT: Duwamish Hill Preserve: 4 Culture Heritage Cultural Facilities Grant ISSUE A contract with 4Culture to accept grant funding in the amount of $50,000 for the Duwamish Hill Preserve project. (no matching funds required). BACKGROUND As identified in the policy statements, the Duwamish Hill Preserve (DHP) is the highest priority capital project listed in the Parks, Recreation and Open Space plan. In May of 2011 staff presented an update to the Community Affairs and Parks Committee detailing the progress of the DHP project. This memo is intended to inform the Committee of a $50,000 grant that has been awarded from 4Culture's Heritage Cultural Facilities program. 4Culture describes the Cultural Heritage Facilities program as follows: 4Culture's Heritage Cultural Facilities program plays an important part in assisting the heritage community with critical work that enhances the quality of life in King County, and creates a unique and authentic sense of place for residents and visitors in this rapidly changing region. This annual program funds the purchase, design, construction, and remodeling of heritage facilities throughout the county, and the purchase of equipment intended to be used for at least 10 years. (Source: www.4culture.org) DISCUSSION 4Culture Heritage Facilities: In 2011 the City applied for funding through the Heritage Facilities Program and was awarded $50,000 towards the acquisition of the western parcel of land located adjacent to DHP. A contract with 4Culture for distribution of the funds is attached. Matching funds are not required for this grant. The grant is to be utilized for acquisition of the western parcel of land adjacent to Duwamish Hill Preserve. The Committee is being asked to forward this to the full Council to authorize the Mayor to sign a contract with 4Culture to accept grant funding in the amount of $50,000 for the Duwamish Hill Preserve project. (no matching funds required). RECOMMENDATION The Council is being asked to consider this item at the March 26, 2012 Committee of the Whole Meeting and subsequent April 2, 2012 Regular Meeting. ATTACHMENTS 4Culture Heritage Facilities Contract 113 114 Agreement No. 111698H Contractor's Federal Taxpayer ID No. (Last 4 Digits) 1915 Contractor City of Tukwila Parks and Recreation Department Services Provided: Facilities Construction Fixed Asset Purchase Contract Amount: 50,000.00 Fund Source: CP Combined Facilities /Real Estate CONTRACT FOR CAPITAL CONSTRUCTION FIXED ASSET PURCHASE, THIS CONTRACT is entered into by THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ('4CULTURE whose address is 101 Prefontaine PI. S, Seattle, WA 98104 -2672 and telephone number is (206) 296 -7580, and the Citv of Tukwila Parks and Recreation Deoartment (the "Contractor whose address is 12424 42 Avenue S. Tukwila WA 98168, and telephone number is (206) 767 -2332. Contractor is an art, cultural or historical organization qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Motion No. 2011 -61. 4Culture desires to provide funds with which the Contractor shall render certain services in connection with acquisition of land parcel that will benefit the Duwamish Hill Preserve's cultural garden in providing cultural services to King County citizens. Such services are for the benefit of citizens, art museums, cultural museums, heritage museums, the arts, and /or the performing arts and are consistant with those defined in RCW 67.28.180 "Public Benefit Services 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et seq. RCW 35..21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets. and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: Capital Construction Fixed Asset Purchase Agreement 2012 Page 1 of S 115 I. SCOPE OF SERVICES A. The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: ®I Project Proposal and Budget I Attached hereto as Exhibit A ®I Specific Scope of Work Attached hereto as, Exhibit I B Insurance of Requirements Attached hereto as Exhibit C Public Benefit Provisions Attached hereto as Exhibit D Personnel Inventory (K.C.0 12.16.060A)(In combination with Attached hereto as Exhibit E other agreements, in excess of $25,000 in a calendar year) Affidavit and Certificate of Compliance (K.C.0 12.16.060B) Attached hereto as Exhibit F (for Aqreements in excess of $25,000) Disability Assurance of Compliance /Section 504 Attached hereto as Exhibit G (KCC 12.16.060D) B. Construction and Fixed Assets Purchase. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and the Specific Scope of Contract Work. Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Contract Work must be approved in writing by 4Culture. The work described generally,by the, Project Proposal and Budget and more specifically by the Specific Scope of Contract Work shall hereinafter be referred to as the "Project C. In addition to performing the Project, Contractor shall provide the Public Benefit Provisions as specified in the Public Benefit Provisions. D. The Contractor agrees to use any improvement constructed and any fixed assets purchased through this contract to provide Public Benefit Services for a period of not less than 10 years,from the date of purchase. Should the Contractor, prior to. the expiration of this ten -year period, dissolve its operations, relocate outside of King County or determine that it no longer needs the improvement constructed or equipment purchased hereunder, Contractor shall notify 4Culture thereof and, upon 4Culture's request, such improvements (to the extent practicable) and such equipment, shall be transferred without additional consideration to a King County based non profit art, cultural or historic organization selected by.4Culture in its sole discretion. E. The Contractor agrees to acknowledge 4Culture as a source of support for theProject-in prominently located permanent signage utilizing the following logo: 4 A Approved logos are available for download in a variety of formats at C U LT U R E http: /www.4Culture.org KING COUNTY LOOOING TAX F. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. Capita] Construction Fixed Asset Purchase Agreement 2012 Page 2 of 8 116 II. DURATION OF CONTRACT This Agreement shall commence on December 15. 2011 and shall terminate upon the later of (1) completion of the Specific Scope of Contract Work and payment of the final invoice or (2) the end time period specified, if any, Public Benefit Provisions. This Agreement, however, may be terminated earlier as provided in Section IV hereof. III. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed $50.000.00. B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases of the Specific Scope of Services pursuant to the following Reimbursement Schedule: Phase Description Amount Available Expected Date of No. for Reimbursement Completion 1 -2 Acquisition of 1.75 -acre parcel to $50,000.00 December 31, 2013 expand the Duwamish Hill Preserve's cultural garden. C. All invoices for reimbursement for specific phases of the Project shall include documentation that identifies vendors, details costsz for labor and materials and specifies the equipment purchased pursuant to this contract (make and model Such documentation shall include, but may not be limited to, purchase orders or receipts for purchases. D. Accompanying the final invoice for the project, the Contractor shall also submit: 1. A project status report that documents costs (including costs not reimbursed by 4Culture funds) and identifies funding sources. 2. At least two images (prints, slides, or digital images accompanied by a high- quality print- out) of publishable quality for use by 4Culture to publicize the Cultural Facilities Grant program. Photos shall have credits, caption information, and permission to publish. E. All payments are subject to site inspection and approval by 4Culture. F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of the 4Culture right to terminate this contract as provided in Section IV, any other rights of 4Culture under this Agreement and any other right or remedy available to 4Culture at law or in equity. Capital Construction Fixed Asset Purchase Agreement 2012 Page 3 of 8 117 IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this-Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. B. Reimbursement for services performed by.the Contractor, and not otherwise paid for by 4Culture prior.to the effective date of a termination under subsections B and C herein, shall be as 4Culture reasonably determines. C. -In the event of termination for cause, the Contractor shall, immediately upon 4Culture's request and in addition to any and all other remedies available to.4Culture in equity or at law, return to 4Culture immediately any funds, misappropriated or unexpended, which have been paid to the. Contractor by 4Culture and all equipment, personal property and trade fixtures acquired as part of the Specific Scope of Contract Work. V. SECURITY AGREEMENT A. Contractor grants to 4Culture a security interest in the fixed assets and equipment purchased in whole or in part with funds provided under this Agreement including all attachments, accessions accessories, tools, parts, supplies, increases, and additions to and all replacements of and substitutions for such property and all proceeds. thereof (the "Collateral to secure the Contractor's obligations under this Agreement (the "Indebtedness Contractor authorized 4Culture to file such financing statements and Contractor agrees to take whatever actions are requested by 4Culture to perfect and continue 4Culture's security interest in the Collateral. Contractor hereby appoints 4Culture as its irrevocable attorney -in -fact for the purpose of executing any documents necessary to perfect or to continue the security interest granted in this Agreement. Contractor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral.. All proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for 4Culture. and shall not be commingled with any other funds. Contractor shall promptly,. notify 4Culture of any loss or damage to the Collateral. 4Culture may make proof of loss if Contractor fails. to do so within fifteen (15) days of the casualty. All proceeds of any insurance on the Collateral, including:. accrued proceeds thereon, shall be held by 4Culture as part of the Collateral. B. Each of the following shall constitute an Event of Default under this Agreement: (1) Failure of Contractor to make any payment or, otherwise- perform an obligation when due on the Indebtedness; (2) The dissolution, liquidation, or any other termination of Contractor's existence as a going business the insolvency of Contractor, the appointment of a receiver for any part of Contractor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any,, bankruptcy or insolvency laws by or against Contractor; (3) Commencement of foreclosure or forfeiture, proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Contractor or by any governmental agency against the Collateral or any other collateral securing the Indebtedness. If an Event of Default occurs under this Agreement, at any time thereafter, all of the indebtedness shall be, at 4Culture's option, immediately due and payable, 4Culture shall have all the rights of a secured party under the Washington Uniform Commercial Code, as amended from time to time. In addition, 4Culture shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise. Capital Construction Fixed Asset Purchase Agreement 2012 Page 4 of 8 118 VI. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel; property financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six (6) years after termination °of this Agreement unless a longer retention period is required by law. VII. AUDITS AND EVALUATIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture and /or federal /state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to 4Culture, the King County, state and /or federal agencies or officials at all reasonable times in:order to monitor and evaluate the services provided .under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to-be conducted:by 4Culture. C. The Contractor agrees to cooperate: with .4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall:be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). VIII. CONTRACT MODIFICATIONS No modification or amendment of this Agreement shall be valid unless made in writing and signed by the parties hereto. IX. NO WAIVERS 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such-breach shall not constitute a waiver of any right under this Agreement. X. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. Capital Construction Fixed Asset Purchase Agreement 2012 Page 5 of 8 119 XI. OWNERSHIP OF PROJECT /CAPITAL FACILITIES Contractor and 4Culture agree and acknowledge that the real property improved and the personal property and fixtures acquired as part of the Project are not owned by 4Culture and 4Culture does not expect to acquire any ownership interest in or title to the capital facilities and /or equipment constructed or purchased under this Agreement. In addition, although Contractor will be reimbursed for certain of its expenditures as provided herein, the capital facilities constructed or improved hereunder are not being constructed at the cost of the state or a municipality and therefore are not "public works" within the meaning of RCW 39.04.10. Contractor shall not pledge or assign its rights to reimbursement hereunder to any third party for any reason, including, without limitation, to suppliers or subcontractors as security, for Contractor's obligations to such third parties. XII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated zby this Agreement. Neither the Contractor nor its officers, agents or employees are employees of the 4Culture for any purpose. The. Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and /or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture, employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and /or others. by reason of this Agreement, To the extent allowed by law, the Contractor shall protect; defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and /or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents,. and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor. B. To the full extent provided by applicable law, the. Contractor shall protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents from any and all costs claims, judgments, and /or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and /or agents, except to the extent resulting from 4Culture's sole negligence. If this Agreement is a "a covenant, promise; agreement or understanding. in; or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4.24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and /or agents' negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by or on behalf of any employees, or agents. In the event 4Culture incurs any judgment, award and /or cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright. Capital Construction Fixed Asset Purchase Agreement 2012 Page 6 of 8 W01 XIII. INSURANCE REQUIREMENTS The Contractor shall procuret and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to. XIV. CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethics For Municipal Officers Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. XV: NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the.public, including, Vl but not limited to: Title of the Civil, Rights Act of 1964; chapter 49.,60 RCW (the.,Washirigton state law against discrimination); K.C:C. chapter -12.16 regarding discrimination and affirmative action Iin employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting; K.C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22 prohibiting discrimination in places of public _accommodation. The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement. The Contractor shall make such documents available to the 4Culture for inspection and copying upon request. XVI. SEVERABILITY In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. XVII. ENTIRE CONTRACT The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. Capita] Construction Fixed Asset Purchase Agreement 2012 Page 7 of 8 121 XVIII. ATTORNEYS' FEES: EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement. 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services. Contractor also shall pay all court costs and such additional fees as may be directed by the court. XIX. SURVIVAL The terms and conditions of Secitons 1. D, V, VI VII, IX, X1 1, X1 11, XIV, XV, and XVIII shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: 4Cu ufe -CDA Executive Dire or C 4� Date Capital Construction R Fixed Asset Purchase Agreement 2013 Name (Please type or print) Title (Please type or print) Date Paae 8 of 8 122 EXI BIT A Heritage Cultural Facilities 2011 Organizations City of Tukwila Parks and Recreation Department Address Website. 12424 42nd Ave S www.ci.tukwila.wa.us /recreation;recmain.htm! Tukwila Washington Email 98168 soardner(a,ci.tukwila.wa us Shipping Address 12424 42nd Ave S Tukwila Washington 98168 Phone (206) 768 -0524 Fax (206) 767 -2341 Revenue last fiscal year $2,901,437 Revenue 2nd to last fiscal year $2,716,836 King County Council District 8 WA State Legislative District 11 Date Incorporated 06/23/1908 Federal Tax ID 91- 6001915 Organization Director Director of Parks and Recreation, Mr. Rick Still Director Email rstill@tukwilaWA.gov Director Phone (206) 767 -2344 Organization Description The Tukwila Parks and Recreation Department provides fun, convenient, quality programs that promote healthy living, and serves as a steward for recreational and historical properties. Mission The City of Tukwila, in the spirit of partnership with its community, is preserving and enhancing a vibrant and healthy quality of life by providing caring, effective and efficient service. Project Title Duwamish Hill Preserve Acqusition of West Parcel Short Project Description The City of Tukwila and project partners propose to acquire an adjacent 1.75 -acre parcel to expand the Duwamish Hill Preserve's Phase II cultural garden area. Project Discipline(s) Heritage Interpretation Amount Requested $75,000 Total Project Budget $1,063,100 Contact Person file: /...ion City% 20of% 20Tukwila% 20Parks %20and %20Recreation %20Department 0059_fieidData.htmi[9 /22/2011 5:01:34 PM] 123 Project Manager, Mr. Robert Eaton Contact Phone (206)767 -2332 Contact Email Robert,Eaton@TukwilaWA.gov Project Description The City of Tukwila requests $75,000 from the 2011 Cultural Facilities Program to support acquisition of a 1.75 acre parcel on the west side of the Duwamish Hill Preserve located at 3800 S 115th Street in Tukwila, so this parcel can be added to the Preserve property. The cost of the parcel to be acquired is $1,.000,000, toward which we have secured $750,000 ($500,000 in City funds and a grant of $250,000 from the King County Conservation Futures Program). Additional costs totaling $63,100. are itemized in the project budget (toward which we have $46,600 committed) bring the total project budget to $1,063,100. PROJECT BACKGROUND AND ACCOMPLISHMENTS: The Duwamish Hill Preserve property currently under City of Tukwila ownership is an 8.6 acre parcel on the Duwamish River. This property includes a 40 million year old outcropping of bedrock that is part of what is known as the "Tukwila Formation unique native plant communities, and a flat area with 600 feet of shoreline on the Duwarish River at the farthest point up river that is reached by the tides. The Hill's summit offers territorial views of Mt. Rainier and the downtown Seattle skyline. The City of Tukwila, Cascade Land Conservancy (CLC) and the Friends of the Hill began working together in 2001 to preserve this undeveloped property which includes the summit and the western portion of what was known historically as Poverty Hill, after the then -owner proposed a commercial development at the site. Culturally significant for its association with Southern Puget Sound Salish oral tradition and mythology, the Hill is a key location in the stories known as the "Epic of the Winds." CLC and the City raised $998,000 to acquire and preserve the 8.6 acre parcel in 2004,'naming the conservation property the Duwamish Hill Preserve to distinguish it from the historic Poverty Hill neighborhood to the east (hereafter "the Hill" and "the Preserve" refer to the 8.6 acre conservation property currently in public ownership). The City owns and manages the Hill, while CLC retains a stewardship easement and is actively involved in fund raising, project planning and restoration activities. Since 2005, CLC and the City collaboratively raised an additional $825,000 (including five awards totaling approximately $100,000 from the 4Culture Facilities Program) for. Phase I restoration activities on the upland portion of the property. Protection of this cultural property has created one of King County's few public open space properties that honors and interprets Puget Sound Salish heritage. Phase I of the project opened to the public with a community celebration in September 2010, following completion of trails, viewpoints, an outdoor classroom area, and extensive landscape restoration. (A map showing Phase I, II and III is included in support material's,) The first school field trips took place 'in November 2010, with support from 4Culture's Heritage Education Program and the Green Duwamish Watershed Alliance. Hundreds of 'community volunteers have worked to remove trash and invasive species, and to plant and monitor native plants in.three distinct habitat areas. Eight original artworks depicting the property's cultural and natural heritage were installed in early September 2011 (with support from 4Culture and the National Trust for Historic Preservation). Development of an interpretive guide and. signage is underway, and expected to be completed by December 2011. ACQUISITION IS THE HIGHEST PRIORITY: Until recently, the project team's primary focus has been planning and fund raising for Phase II improvements to the Flat northern portion of the property, a 60,500 square foot area (1.4 acres) slated for restoration including an interactive cultural garden of native plants having traditional `cultural uses. However, our focus abruptly changed in November 2010 when the owner of the adjacent 1.75 parcel on the Hill's west boundary (King County parcel #1023049085, hereafter "West Parcel's indicated a willingness to sell the property. The West Parcel is currently zoned industrial and used for storage of construction equipment. Acquiring it and adding it to the Preserve would provide an outstanding opportunity to double the size of the' Phase II cultura garden, improving opportunities for heritage interpretation, habitat enhancement and recreation. It would link directly to a proposed regional trail, and would provide a visual buffer to the industrial property beyond the trail fi le: ion %20Department City% 20of %20Tukwila %20and %20 Recreation %20Department_0059_n"eld Data. html[9 /22/2011 5:01:34 PM] 124 corridor to the west. When the Hill Master Plan was developed in 2007, the West Parcel was included in the community's vision for Phase II of what the Hill Preserve could become, as a community cultural and natural resource. However, real estate values dramatically increased in the surrounding industrial area and for many years the owner was not willing to consider a sale. The Hill management team, comprised of City of Tukwila and Cascade Land Conservancy staff, Friends of the Hill (a neighborhood group) and project consultants proceeded with design and construction of Phase I restoration activities, making the summit of the Hill and the majority of the property accessible to the public. For this work, the project was recognized with a 2011 King County Executive's Historic Preservation Award for Excellence in Restoration. As the management team finished Phase I and initiated work on Phase II, focusing on the northern Flat portion of the Preserve. property, it became clear that the constraints of not having the West Parcel be part of the Preserve would result in a diminished Phase II design, so the owner of the West Parcel was approached one more time, and this time he was willing to consider selling. With the potential to acquire the West Parcel, the community mobilized, and the Friends of the Hill spearheaded a letter writing campaign urging the City Council to commit a significant portion of Tukwila's available Real Estate Excise Tax (REET) funds, dedicated to open space acquisition, to this project. As a result, the City committed $250,000 in its 2011 budget and an additional $250,000 in its 2012 budget, which will become available January 1, 2012, Acquisition of the West Parcel will more than double the Phase II project area, adding 76,310 square feet (1,75 acres) to the Preserve. This expansion would allow a richer and more meaningful Phase II restoration, from a cultural, habitat and recreational perspective. -Phase II will include a permanent exhibit of native plants selected in collaboration with the Muckleshoot and Duwamish Tribes, and the Northwest Native American.Basket Weavers Association, including species useable for basket making, preparation of traditional foods, and other cultural, purposes. We hope to_re- establish and make accessible a variety of species with traditional cultural uses, which may include wapato (arrowhead plant), swamp.tea, wild cranberries, tules (bulrush), .slough sedge and other species. Outdoor interpretive panels will include traditional use information that is appropriate to share with.the public. Following establishment of the cultural garden, stewardship guidelines and protocols for sustainable harvest will be developed, with the goal of making some of the plants available for use each year, addressing a need identified by our tribal partners for access to traditional resources. Education programs about plants and- native culture will provide public benefit in exchange for the use of these resources. ORGANIZATIONAL CONTEXT: The Duwamish Hill Preserve project is important in the context of the Tukwila Parks Recreation Department, and the City of Tukwila's history, mission and goals for several reasons. The Hill was an endangered cultural site that is significant to area Tribes; it is located in a diverse, low income community that is under served in terms of open space; there is a high level of community support and involvement led by the Friends of the Hill; and the Tukwila School District.has adopted the site as an outdoor classroom. Tukwila Mayor Jim Haggerton celebrated two heritage projects in his 2011 State of the City address the public opening of Phase I of the Duwamish Hill Preserve project, and the Tukwila Historical Society's new Heritage and Cultural Center located in historic Hazelnut Park, in our former city hall and library. Having celebrated its centennial in 2008, the City of Tukwila values its heritage and the Parks Recreation Department is a careful steward of the City's heritage resources. The Tukwila Parks Recreation provides staff support to two independent citizen advisory boards, the Parks Commission and the Arts Commission, and manages 20 community parks, an award winning community center, golf course, trail system, pool, and a variety of special events, services, and programs. Several of our parks include significant cultural resources. Fort Dent Park at the confluence of the historic Black River and Green River, where the Duwamish River begins, is the location of National Register listed archaeological resources and an early public commission from Quinault Isleta Pueblo artist Marvin Oliver, Foster Park preserves the site of a riverboat landing and early homestead claim. Duwamish Gardens and Codiga Park both preserve former farms operated by Italian American families. Also in Tukwila under the jurisdiction of King County is Cecil Moses Park commemorating a file: /Ql ion %20Department City% 20of% 20Tukwila% 20Parks% 20and% 20Recreabon% 20Department Data. html[9 /22 /2011 5:01:34 P[vI] 125 Muckleshoot tribal elder, and along the Green River Trail is North Wind Fishing Weir Legend, an outstanding Coast Salish artwork by Susan Point. Conservation and restoration of Duwamish Hill Preserve, and expansion of the Preserve through acquisition of the West Parcel, has the support of our community, our city leaders, and our regional partners. NATIONAL REGISTER SOI GUIDELINES: Ethnographic documentation identifies Duwamish Riverbend Hill as having the Lushootseed or Southern Puget Sound Salish place name of St'gax or "Beaver Lodge." The Hill is potentially eligible for listing as a contributing resource to a Traditional Cultural Property district, along with three related ethnographic sites in the immediate area: Sgwalac (also called Grandmother), Sxiysagw (Beaver), and Stubla? (North Wind's Fish Weir). Th cultural significance of these sites was comprehensively documented in "Winds, Waterways and Weirs: Ethnographic Study of the Central Link Light Rail Corridor" (Sound Transit 2004). Site development work is consistent with the Secretary of the Interior's Guidelines for the Treatment of Cultural Landscapes including identification of character defining features, assessment of how the landscape has changed over time, and preservation of historic fabric. An archaeological survey was completed for Phase I and will be completed for Phase II, and care is taken during project planning to 'ensure that appropriate tribal consultation is undertaken. Project Impact PROJECT PLANNING: Prioritization of the project is discussed above, Planning for this project included development of the 2007 Master Plan with input from the Duwamish and Muckleshoot Tribes, the Tukwila Historical Society, local residents and other stakeholders, and this guiding document specifically included the West Parcel in the vision for the Preserve's eventual complete restoration. The Phase I design was developed and implemented with tribal and community input. SvR Design Company has created a Phase II conceptual design included in support materials, which shows the limited Phase II project area within the current boundaries of the Preserve, and the expanded Phase II area that would be possible with the proposed acquisition. SvR has also made recommendations for the archaeological, geotechnical and hydrological studies needed to inform Phase II design development but those activities are on hold pending the acquisition of the West Parcel, We have presented our Phase II concept plan regarding the cultural garden to the Duwamish and Muckleshoot Tribes and asked for their input on design, plant selection and development of stewardship guidelines. Acquisition of the West Parcel has been included as a priority within the City's Six Year Capital Improvement Plan for the Parks Recreation Department. The City Council has adopted a "Walk and Roll Plan Tukwila's first pedestrian and bicycle plan, which includes a future trail along the west side of the West Parcel in the historic Interurban Trail corridor. This proposed trail would meet the existing Green River Trail just a few hundred feet to the west, and connect with the planned Sound Transit Light Rail station 1 /4 mile to the north, providing excellent multi -modal access to the Hill. Finally, we have developed an Education Interpretive Plan for the Hill included in support materials, which has guided development of our K -12" program and interpretive walking guide. OPERATIONS: The Tukwila Department of Parks and Recreation is the fee owner and manager bf the Preserve, and provides maintenance and operations services for the property as a component of its park system, with a focus on opportunities for heritage education and passive recreation. CLC retains a Stewardship Easement (ownership and management interest), and ensures that habitat stewardship; tribal cultural concerns and educational and interpretive objectives are addressed. Our maintenance staff has readily assumed responsibility for the Preserve's current 8.6 acres and can manage the addition of 1.75 acres. Strong community support by the Friends of the Hill brings neighborhood volunteers to monthly work parties to help with removing invasive plants, planting and monitoring native species, and other maintenance tasks. Twice each year, the Hill welcomes over 100 volunteers for Duwamish Alive events, a regional effort to reclaim and restore properties along the Duwamish River. PROJECT IMPACT PUBLIC BENEFIT: The primary impact of the project is to make Puget Sound Salish heritage more visible to residents and visitors in King County. By working collaboratively with the Muckleshoot and Duwamish Tribes, the project has and will continue to re- connect tribal communities with their traditional lands, provide access to those lands and build stronger relationships between contemporary tribal and non tribal communities. file: /Ql ion% 20Depari ment City% 20of%20TukWila %20Parks %20and %20 Recreation% 20Department _0059_fieidData.html[9 /22/2011 5:01:34 PM] 126 This.project directly serves the ethnically diverse, working-class community of Tukwila, where 74% of the students in the school district qualify for free or reduced -price meals. The school district population includes 35% transitional bilingual speakers, an indication of'the high proportion of the population who are recent immigrants. This region also had the largest concentration of pre contact Native American winter villages in all of King County, surrounding the former confluence of the Black River and the Green River which formed the Duwamish River. The Hill presents an outstanding opportunity to introduce Tukwila's (and King County's) current residents to the area's Native American culture through traditional stories, place names, and environmental awareness. The Hill represents a unique opportunity as an "outdoor museum" interpreting this endangered aspect of local heritage. Having opened the upland Phase I portion of the property to the public just last year, the project has good momentum and visibility. With the recent major Coast Salish exhibition at the Seattle Art Museum and increasing awareness of the annual Tribal Canoe Journey, we anticipate that public interest in local Native American heritage will grow. The Hill Preserve will offer an opportunity for tourists and King County residents to visit a place that celebrates both the antiquity and the survival of Native American cultures in our region. In terms of public access, each year over 500,000 residents of Tukwila, Seattle, and other local communities, and visitors, access nearby Parks Recreation facilities such as the Starfire Sports Park at Fort Dent (1 mile away), Foster Golf Course (.75 mile away), the Tukwila Community Center (0.5 mile away), and the Green River Interurban Trail (0.1 mile away). Users of these facilities will be encouraged to visit the Hill through directional signage and promotional information. As the cultural significance of the site becomes better known through media and on -site educational programs, residents of the Puget Sound region who want to know more about local Native American heritage will seek out the site. HERITAGE INTERPRETATION: Acquisition. of the West Parcel will more than double the space,available,.for Phase II, increasing the area available for restoration of culturally useful plants by over 76,310 square feet.and greatly expanding opportunities for interpretative displays and programs related to those planting areas., Relevant Expertise Experience J Accomplishments Acquisition of the West Parcel and future Phase II development will be directed by Rick Still, City of Tukwila Director of Parks and Recreation and Robert Eaton, Tukwila Parks Project Manager. Rick and Robert have directed Phase I work on the Hill in partnership with CLC, led the Hill management team's efforts, developed budgets for the project and the department, and managed community outreach for the project. CLC project lead Hayes Swinney, Lands Stewardship Director, works closely with City staff, and has been involved in several of CLC's major open space acquisition efforts in King County. Nate Cormier, landscape architect at SvR Design Company, led the Master Plan and Phase I design development processes, created the Phase II concept design and will lead the Phase II design development process. Holly Taylor, heritage consultant who developed the Education Interpretive Plan for the Hill, will take the lead on tribal consultation and development of heritage interpretive content. Other members of the Hill Management Team include Brooke Alford, Friend of the Hill, Watershed Steward and Tukwila Planning Commissioner; and Sean Albert, Friend of the Hill and Tukwila Parks Commissioner, who lead volunteer recruitment and community engagement, and serve as citizen advisors, Parks and Recreation Department staff, CLC staff and other members of the management team have worked collaboratively for nearly a decade to raise nearly $1 million for acquisition of the initial 8.6 acre Preserve, and raise another $825,000 for Phase I restoration and development. These accomplishments along with expertise developed on similar conservation and restoration projects have laid the groundwork for a successful outcome to this project, and the collaboration between heritage and environmental advocates ensure that the Hill's many contributing elements will be managed respectfully. Project Implementation Our immediate goal is to secure an option agreement with the owner of the West Parcel, who has been supportive of our efforts to acquire the property but reluctant to move forward until we secured a significant portion of the funding that we need. In July 2011 we received news that our grant request to the King County Conservation Futures Program was successful, securing $250,000 for the acquisition. These funds, combined with the City's funds n le: /Qi /...ion %20Department City% 20of%20Tukwila %20Parks %20and %20 Recreation %20 De pa rtment_0059_fieldData.htm1[9 /22/2011 5:01:34 PM] 127 ($500,000) represent 75% of the purchase price, a threshold which we needed to reach in order to proceed with a formal agreement with the property owner. Our goal is to secure a Purchase &Sale Agreement by November 30, 2011 and complete the acquisition by June 30, 2012. As with the acquisition of the Preserve's initial 8.6 acres, the City and CLC will work in tandem, drawing on CLC's legal and financial expertise with conservation real estate transactions. Once acquired, the 1,75 acre West Parcel will be added to the Duwamish Hill Preserve under the fee ownership of the City of Tukwila, and CLC's stewardship easement will be amended to include the acquisition piece. Our request to 4Culture requests 7.5% of the purchase price. With 75% of the purchase price committed by City and County funds dedicated to the acquisition of open space, we will work to secure the remaining 17.5% by making a series of modest requests to public agencies that provided support for the acquisition of the eastern portion of the property in 2004, and to foundations and private donors that provided support for Phase I development or who have indicated their interest in the project. The City's partnership with CLC will allow individual and corporate donors to make tax deductible contributions toward the acquisition. 4Culture's support for this acquisition effort provides a tangible recognition of the cultural value of the Preserve. Unlike museums which collect and interpret artifacts, with this project the land itself is the artifact, and the "exhibits" will be living examples of restored native plant communities, with interpretation focused on the traditional cultural uses of these resources by the region's Puget Sound Salish people. Acquisition of the West Parcel will more than double the acreage available for Phase II restoration work and heritage interpretation, expanding the area from 1.4 acres to 3,15 acres. In addition to creating larger area for restoration and interpretation, the acquisition will create a direct connection with a future regional trail link, and provide more open visual and physical access to the Preserve's northern portion improving site security and expanding design possibilities. In addition to the recently installed etched metal artworks created by Mette' Hanson for each of the Preserve's eight sandstone benches, we hope to work with the Tukwila Arts Commission and a local Native artist to commission an original work for the Phase II project area to celebrate the Duwamish River Valley cultural and natural heritage. Project publicity will be sent to area media including the Seattle Times, the Highline Times, the Renton Reporter, the West Seattle Herald, the Tukwila blog http: /tukwilatalk.n'ing.com and the Georgetown Neighborhood blog www.blogginggeorgetown.com. We will also develop feature articles for the City of Tukwila newsletter the Hazelnut, and the Cascade Land Conservancy quarterly magazine, both of which are distributed on the intereet as well as in printed form. In addition, project information will be shared with regional organizations such as the Green Duwamish Watershed Alliance and the Duwamish River Cleanup Coalition which seek to promote public interest in the river. In terms of the "big picture" of the Duwamish Hill Preserve project, acquisition was completed in 2004 for $998,700, and this support was provided by 4Culture, City of Tukwila, Foster'High School Drama Club, Individual donors, Interagency Committee for Outdoor Research Land Conservation Fund (now the Recreation Conservation Office), King Conservation District, King County Conservation Futures Fund, King County Landmarks Heritage Commission, Muckleshoot Community Charity Fund, SAFECO, Seattle Police Athletic Association, The Boeing Company, and the Washington State Legislature. Master planning and Phase I were supported by 4Culture, Ex Officio, Friends of the Hill, King County Department of Natural Resources Waterworks Program, REI, Sound Transit, and the Washington State Heritage Capital Projects Fund. Following completion of the acquisition, we will move forward with design and implementation of Phase II, toward which we have already secured a hard -won grant of $150,000 from the 2011 -13 Washington State Heritage Capital Projects Fund. Our application was rated #2 statewide and included in the 2011 state budget; our application focused on Phase II development as it was submitted in 2010 before acquisition of the West Parcel became a possibility. Additional funds have been secured for Phase II planning studies, including archaeological survey and hydrogeological studies. Following acquisition, with our strong track record of collaborative fund raising and project management, we are confident that we can complete Phase II in the next 3 -4 years, In -kind support for the project n le: ion %20Department City% 20of%20Tukwila %20Parks %20and %20 Recreation %20Department_0059_field Data. html[9 /22/2011 5:01:34 PM] 128 includes significant staff time from the City of Tukwila, CLC and SvR Design Company, and volunteer time from community members on the project management team, as well as anticipated volunteer time working on Phase II landscape restoration. file: /Ql ion %20Department City% 20of% 20Tukwila% 20Parks% 20and% 20Recreation% 20Department _0059_field Data. html[9 /22/2011 5:01:34 PM] 129 WE 4Culture Heritage Cultural Facilities 2411 Project Budget Even if you are applying for a specific line item from your project plan for funding, present the budget for the entire project. When in doubt, always contact staff. Remember to double -check your totals! Many applications receive a low ranking when project expenses do not add up or match income. Value in -kind costs as though they are to be paid at regular market rates. Your vendors should be able to provide current estimates of costs for their in -kind services. Make certain you do NOT include regular personnel overhead costs (staff who would be paid by the organization whether or not your project was taking place). Contract personnel added for the project, including fundraising professionals, may be a part of your overall project expenses, but remember that Lodainfz Tax funds cannot be used to oav for fundraising costs, financing costs or continaencies associated with a capital oroiect. Total Cash Expenses should NOT include in -kind costs. Total Cash Expenses should EQUAL Total Proiected Income. Item #1 in the Project Income section, Applicant's Contribution, should NOT include Board donations (see Item #5 for that category). Item #1 refers to any reserve funds that will be applied to the project or special events funds that will be used for the project. Be as specific as possible regarding all potential sources of revenue. N/A this application focuses just on acquisition 2. Construction /Renovation Costs Cost estimate breakdown, including sales tax: N/A this application focuses just on acquisition Sub Total: Sub Total: Page I 1 131 e ses. Cash l.n -.K m rJ 1. Design Cost breakdown by phase including feasibility studies, architectural, design, engineering and other consultant fees, design development, schematics, construction drawings, bid documents: 4Culture Heritage Cultural Facilities 2011 3. Fixed Assets (equipment, fixtures, furnishings) For fixed assets applications, specify item(s) and cost, including tax. Provide a separate detailed list of the fixed assets in the upload section of the online application. N/A this application focuses just on acquisition Sub- Total: 4. Purchase of Facility Cost estimate breakdown including purchase price, commissions, mortgage fees, closing costs, etc.: Purchase Price Appraisal, title legal work Closing fees taxes Environmental assessment for hazardous materials Project administration staff costs (CLC City) 5. Soft Costs (permits, insurance, bonds, sales tax, etc.) N/A this application focuses just on acquisition 6. Financing Costs 7. Fundraising Costs 8, Total Cash Expenses (1 -7) 9. Total In -Kind Contributions (1 -7) 10. TOTAL PROJECT COSTS #8 Cash #9 In -Kind) $1,000,000 $15,000 '$10,000 $11,500 $12,000 Sub Total:. Sub Total: $5,000 $1,053,500 $1,063,100 $9,600 $9,600 Page 12 132 4Culture Heritage Cultural Facilities 2011 g g Projected: check if Amount B. Project Income (CASH ONLY) aPP Confirmed. InCDlne. requested 1. Applicant's Contribution City REET funds ($500,000) City CIP funds ($25,000) $525,000 2. Corporations (identify) Alaska Copper (donation to CLC for staff costs) $12,000 REI $5,000 3. Foundations (identify) Muckleshoot Charity Fund $5,000 4. Government (including federal, state, and local agencies) King County Conservation Futures Fund $250,000 0 King Conservation District $61,500 Washington State Recreation Conservation Office $100,000 5. Individual Donors Board Others 6. Other (describe) The final 2% of the purchase price ($20,000) will be requested $20,000 from local business donors including the Sabey Corporation, Raisbeck Engineering, Boeing Employees Credit Union, the Seattle Police Athletic Association and private individuals 7 Amount requested .from the 4CuIture Heritage Gu Xura1l Faal�iti'es Progra;erm :'$75 0 ©0- 8. Total Projected Income Note: Total Proiected Income should equal Total Cash EXaenses reported in the previous section.) $1,053,500 9. Total Funds Confirmed *This will not include your request from the 4Culture 2011 Heritage Cultural Facilities Program.) $525,000 $12,000 $250,000 $787,000 Page 13 133 134 4Culture Heritage Cultural Facilities 2011 Three Year Organizational Operating Budget Use actual numbers for the past two years and projected year -end totals for current year. Type in your own fiscal year under "Actual /Current Budget" if different from calendar year. Use the operating budget notes page to describe changes or give additional budget information. This document should be used to reflect operational and /or program activities only. Budget information should be for the organization that will operate the facility. THESE FIGURES SHOULD NOT REFLECT ANY CAPITAL PROJECT INCOME OR EXPENSE. Do not include prior grant activity for fixed assets and construction projects! Please do not submit handwritten budget pages. They are extremely difficult for panelists to read. Personnel costs separated by program may be available from your financial statements or your Federal Tax 990 form. The choices you make in allocating these costs (determining that the Executive Director is half administrative and half outreach, for example) are less significant than making sure that allocations remain consistent year to year. Page I 1 135 'A. Operations ACTUAL ACTUAL CURRENT BUDGET 2009 2010 2011 EXPENSES: Permanent Personnel 1. Heritage 2. Technical 3. Administrative $363,730 $379,988 $319,420' 4. Education and /or Outreach Temporary Personnel 5. Heritage 6. Technical 7. Administrative 8. Education and /or Outreach Other 9. Exhibition Programmatic expenses $2,353,106 $2,521,449 $2,114,788 10. Marketing/ Promotion expenses 11. Fundraising expenses 12. Education and /or Outreach expenses 13. Occupancy expenses (mortgage /rent /utilities) 14. Travel and Transportation 15, Administrative Expenses 16. SUBTOTAL (add lines 1 -15) $2,716,836 $2,901,437 $2,434,208 17. in -Kind expenses In -kind income) 18. TOTAL OPERATING EXPENSES (add lines 16 and 17) $2,716,836 $2,901,437 $2,434,208 Page I 1 135 INCOME: Earned 19. Admission 20. Membership Dues 21. Classes Workshops Lectures 22. Concession Sales Rental Leases 23. Interest Earnings (savings, reserves, etc.) 24. Other Earned Income 25. TOTAL EARNED INCOME (add lines 19 24) 26. Earned income percentage (divide line 25 by line 41 27. EARNINGS GAP (line 18 minus line 25) Contributed 28. IMLS or other Federal Government 29. Wash. Commission for the Humanities 30. Other State Government 31. 4Culture /King County 32. Other County Government 33. City Government 34. Corporations 35. Foundations 36. Individuals 37. Benefits /Fundraising Events Other contributions 38. Miscellaneous contributions 39. SUBTOTAL CONTRIBUTED INCOME (add lines 28 -38) 40. In -kind Contributions 41. GRAND TOTAL INCOME (add lines 25, 39 and 40) 42. SURPLUS (OR DEFICIT) 43. Depreciation (if applicable) 44. "INTER- FUND" TRANSFERS 45. SURPLUS (DEFICIT) AFTER TRANSFERS 4Culture Heritage Cultural Facilities 2011 $469,260 $536,000 $586,000 $287,384 $225,000 $346,000 $756,644 $761,000 $932,000 $1,923,565 $2,104,437 $1,471,817 $13,208 $5,000 $16,000 $23,419 $31,000 $14,391 $1,960,192 $2,140,437 $1,502,208 $2,716,836 $2,901,437 $2,434,208 Page 12 136 4Culture Heritage Cultural Facilities 2011 y' 7pera B. ting Budget Notes Operating budget notes are valuable in explaining-variances in your financial report /f budget figu yes demonstrate an increase or :decrease of mare than, 10% from the previous year., in ony.category, please explain. the %re.ason far the change here. -Indicate the line: number and year -with each note f you have budget items that you think require additional clarification, you may.also use thisspace to p. rovide.thpt.ihformation: Line Number /Year Note: Summary Page 13 137 l� r The Tukwila Parks Commission is appointed by the City Council and serves in an advisory capacity concerning all recreation and golf services and parks development and policies. The Parks Commission meets on the 3rd Wednesday of the month at 5:30 p.m, at the Tukwila Community Center. Membership: 5 members /3 -year term Board Type: Advisory Liaison: Mayor's Parks and Recreation Director Major duties: Advise City officials regarding the acquisition, development, expansion and operation of parks and recreational facilities and programs. Appointed by Mayor, Confirmed by Council, Ord, 1018 Position Member #1 (Resident) Sean Albert #2 (Resident) Alice Russell #3 (Resident) Joanne McManus #4 (Resident) Scott Kruize #5 (Resident) VACANT Term Expires 03/31/2013 03/31/2012 03/31/2011 03/31/2012 03/31/2010 Confirmed by Council 10/18/2010 12/01/2003 04/19/1999 06/06/2005 139 MR INN& FoLn 141 1. 7N u 4t LU ru FoLn 141 Duwamish Hill Preserve Addition Site Map 9 E 0 2 E 7 '3 7 Q Z 2 E f a so7 }c \E Lu 0 V) 0 3 o n E z E 0 Q/ w 3 c u R y 3 E e 6 O o g/ g' 2 LU E 3\ o C) 2&@ /&co z 2 /e��7) 6 LU u a)2 ��k U= (4 mCoU£ G0 G6$§ 0 w ee a) -Q y' c O -E W o 2/ Q) 2 0 z c 2 2 0 q 0 o cn w 0 j o 2 c ƒ�e3o2 ƒOg2)E77 0 o ƒg/2�Q-2 E k 6 7 f% 2 0 0% 0 \2«@2 z 0 0 0 E E o o y Alll 143 ME EXHIBIT B SPECIFIC SCOPE OF WORK CONTRACT NO. 111698H 4Culture, the Cultural Development Authority of King County, will reimburse the City of Tukwila Parks and Recreation Department for satisfactory completion of the services and requirements as specified in this contract in an amount not to exceed $50,000.00. Payment will be made available in the following manner: Invoice #1 #2: For up to $50.000.00 total: For acquisition of an adjacent 1.75 -acre parcel to expand the Duwamish Hill Preserve's cultural garden. Accompanying the 4Culture invoice for these expenses will be documentation that identifies vendors and details work performed. Such documentation shall include, but is not limited to, proofs of purchase, work orders or receipts for purchases. NOTE: In order to be an allowable item, equipment purchased must be items classified as "fixed assets" intended for 10 year use and valued as depreciable assets and not expensable materials. NOTE: Anv oroiect involving construction, restoration or rehabilitation work on an historic structure is subject to the following additional requirements: Any rehabilitation and /or restoration project involving an historic resource listed on the National Register of Historic Places or a local landmarks register, or determined eligible for said registers including a resource in process of nomination, must adhere to The Secretary of the Interior's Standards for Treatment of Historic Properties. Any rehabilitation and /or restoration project that would affect any designated feature(s) of significance of a King County Landmark or local landmark designated by way of an interlocal agreement for preservation services with King County, including a contributing property located within an historic district, must obtain a Certificate of Appropriateness (COA) from the King County Landmarks Commission prior to obtaining a building permit or commencing construction. Any rehabilitation and /or restoration project that would affect a designated landmark located in a jurisdiction that is a Certified Local Government (CLG) with professional staff, must provide evidence that it has received any formal approval required by law from a qualified design review board prior to obtaining a building permit or commencing construction. Facility Contract Specific Scope of Service .am MI EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and /or subcontractors. The costs, of such insurance shall be paid by the Contractor or subcontractors. For All Coverages: Each insurance policy shall be written on an "Occurrence" form. 1. Minimum Scope of Insurance needed for this contract is as follows: Commercial General Insurance Services Office form number (CG 00 01 Ed. 11 -88)— Minimum Liability Combined Single Limit of $1,000,000 BI PD with a General Aggregate per project m Automobile Liability Covering all owned and non -owned and hired automobiles Combined Sinqle Limit of $1,000,000 BI PD 2. Deductibles and Self Insured Retentions. Any deductibles or self- insured retentions must be declared to, and approved by 4Culture. The deductible and/or self- insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor. 3. Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. (2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and /or self- insurance maintained by the 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. (3) The Contractor's insurance shall apply separately to each insured against whom claim is made and /or lawsuit is brought, except with respect to the limits of the insurer's liability. (b) All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contract. 4. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no less than A -VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII. 5. Verification of Coverage Unless otherwise approved in writing by 4Culture, Contractor shall furnish 4Culture with certificate(s) of insurance evidencing compliance with requirements set forth above, which certificate(s) shall provide that no material change, or cancellation or nonrenewal of policies referred to herein shall occur without thirty (30) days' prior written notice to 4Culture. Facility Contract Insurance Requirements 147 jELV EXHIBIT D PUBLIC BENEFIT PROVISIONS CONTRACT NO. 111698H In exchange for receiving these funds the Contractor, Citv of Tukwila Parks and Recreation Department, shall agree to the following provisions to ensure that the citizens of King County receive public benefit: The Citv of Tukwila Parks and Recreation Department will be committed to a public heritage use for a period of no less than 10 years. During that time, the public will regularly have access to the facility and will benefit from the following types of potential uses: Regularly scheduled free or reduced price admission to exhibits and interpretive programs at the site Access to special events produced by the City of Tukwila Parks and Recreation Department Access to educational programs held in the facility that are targeted to underserved King County populations such as students, senior citizens, or other specific audiences The Contractor agrees to widely publicize its public benefit performances, events and programs throughout King County and to track the number of public benefit events and audiences served by such programs. Facility Contract Public Benefit Requirements l City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes March 12, 2012 5:00 p.m. PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffie and Verna Seal (siting in for Allan Ekberg) Staff: Jack Pace, Nora Gierloff, Derek Speck, David Cline, Rick Still, Brandon Miles and Kimberly Matej Guests: Brie Campbell, Riverton Development; Aaron Hundtofte, Riverton Development; Kent Alexander, Riverton Development; Matt Masse, Shugart Architecture; Mark Jacobs, Jake Traffic Engineering; and Vanessa Zapitul, resident; CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Development Aereement: Riverton Development Staff is seeking Council approval of a development agreement between the City and Riverton LLC regarding the property at 12909 East Marginal Way South. This item is returning to Committee from February 13, 2012, to continue discussion of the development agreement, specifically parking availability. Based on discussions regarding parking concerns from the previous Committee meeting, the developer has removed two apartment units from the proposed development in order to free up parking. This change results in 23 apartment units rather than 25 units. Riverton LLC hired Jack Traffic Engineering, Inc. to evaluate and conduct a parking demand analysis. In summary, this analysis suggests that the proposed 51 parking spaces (39 onsite, 12 in the right -of -way adjacent to site) exceeds the minimum 34 spaces listed as being required by the Parking Demand Analysis. Committee Members asked clarifying questions, and Committee Chair Hougardy inquired about the public outreach efforts that would be involved with the public hearing required for the development agreement. Staff responded that all properties within 500 feet of the location will be notified via postcard of the public hearing, notice will be placed in the Times and other regular venues such as the City's website and Channel 21. Additionally, a NOTICE board has been placed on the property, and Brandon Miles will try to ensure the information is available in the Tukwila Reporter if the time permits. Staff will be amending the memo that goes to full Council in order to reflect an information update regarding the reduction in the number of apartment units. UNANIMOUS APPROVAL. FORWARD TO MARCH 26 COW FOR PUBLIC HEARING AND DISCUSSION. B. Grant Acceptance: Duwamish River Shoreline Restoration Grant Staff is seeking Council approval to accept $50,000 in funding from the 4Culture Heritage Cultural Facilities Grant. These monies will assist with the acquisition of the 1.75 acre west parcel located adjacent to (west side of) the Duwamish Hill Preserve. There is no matching fund requirement for this grant. UNANIMOUS APPROVAL. FORWARD TO MARCH 26 COW FOR DISCUSSION. 151 152 COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by Mayor's review (751fil review 1 03/26/12 KAM 04/02/12 KAM 4.C. ITEM INFORMATION STAFF SPONSOR: MATE? /O'FLAHERTY IORIGINAL AGENDA DATE: 03/26/12 AGENDA ITEM TITLE Proposed Consent Agenda Process CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 03126112 Mtg Date 04102112 Mig Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW SPONSOR'S At the 2012 Council Retreat in February, the Council discussed the possibility of enhancing SUMMARY the use of the consent agenda for greater meeting efficiency. Based on discussions, analysis and review, staff has prepared a proposed Consent Agenda process for Council's consideration. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 03/20/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Council Administration COMMITTEE Unanimous Approval; Forward to Committee of the Whole EXPENDITURE REQUIRED $N /A Fund Source: N/A Comments: COST IMPACT FUND SOURCE AMOUNT BUDGETED $N /A APPROPRIATION REQUIRED $N /A MTG. DATE 3/26/12 RECORD OF COUNCIL ACTION MTG.DATEI ATTACHMENTS 03/26/12 Informational Memorandum dated 03/12/12 Minutes from the Finance Safety Committee meeting of 03/20/12 04/02/12 153 154 City of Tukwila MEMORANDUM TO: Finance Safety Committee FROM: David Cline, City Administrator BY: Christy O'Flaherty, City Clerk Kimberly Matej, Legislative Analyst DATE: March 12, 2012 SUBJECT: Proposed Consent Agenda Process ISSUE At the 2012 Council Retreat in February, the Council discussed the possibility of enhancing the use of the consent agenda for greater meeting efficiency. BACKGROUND The City Council has consistently expressed the desire to increase the efficiency of their meetings by spending more time on detailed and intricate issues requiring review, and less time on standard and predictable items that are often administrative in nature. Many cities use the Consent Agenda as a tool to streamline council meetings for routine matters, which allows the council more time to focus on other issues. Routine, noncontroversial items can be listed collectively on the agenda and are passed with a single motion and vote. Commonly, no debate is allowed on Consent Agenda items, and the motion for adoption must receive unanimous approval. Any councilmember, by request and without a council vote, can have an item removed from the Consent Agenda for separate consideration later in the meeting under New Business. The remainder of the Consent Agenda items can be voted on with one motion, omitting the challenged items. In Tukwila, currently the Consent Agenda is used strictly for approval of Council minutes, vouchers, and final acceptance of contracts. No ordinances, resolutions or bid awards are included on the Consent Agenda. DISCUSSION Based on review of past agenda items from last year's Council actions, staff has compiled two lists as outlined below. The first list offers suggestions of items that could be placed on Consent Agenda and the second is a sample list of items that would not be recommended for placement on the Consent Agenda. Consent Agenda Items 1. Administrative items, generally presented via resolution, including but not limited to: Resolution to surplus obsolete equipment Resolution cancelling past due accounts receivables (annually) Resolution cancelling checks (annually) Resolution establishing change funds Acceptance of grants, with no City -match requirement Resolution establishing meeting schedule for Council Committees Resolution to adopt PCARD administrative procedure Resolution to adopt Deferred Compensation administrative procedure 155 Proposed Consent Agenda Process page 2 2. Contracts, agreements, interlocals and appropriate amendments, addendums and supplements to each, that are budgeted, within budget, grant funded or have no associated dollar amount; including but not limited to: Interlocal agreements and /or amendments for Minor Home Repair Program Interlocal agreements for various Human Services activities Interlocal agreements of collaboration such as shared permitting for projects Various routine Public Works contract/agreement supplements Contracts for budgeted annual programs such as Small Drainage and Overlay Agreement for Commute Trip Reduction Program NON Consent Agenda Items Specifically, the items listed below are examples of Council actions that would not be considered for placement on the Consent Agenda. Ordinances that create new laws or modify the Tukwila Municipal Code Items that require Public Hearing (i.e.: budget, development agreements, tax levy) Confirmation of appointments /re- appointments to boards and commissions Contracts /agreements for unbudgeted items Informational Memos Regarding Consent Agenda Items Currently, for any item that moves forward through the full Council process, staff prepares appropriate materials such as the Council Agenda Synopsis (CAS), informational memos and other necessary supporting documents in order to inform Council of item specifics and issues, if any. In utilizing a Consent Agenda, Council will continue to receive this same information. Removal of Items from Consent Agenda Even if an item is printed on the agenda cover sheet for action at a Regular meeting, any Councilmember can request the item be removed from the Consent Agenda at the meeting, and then it will be discussed under New Business later in the meeting. RECOMMENDATION As discussed at the Council Retreat, staff would like to propose the Council consider any of the three options below or combination of, to place items onto the Consent Agenda: Option 1: Place Item Directly on Consent Agenda of a Regular Meeting Place the item directly on the Consent Agenda of a Regular Meeting based on staff request and approval of the Council President through the Agenda Review Process. Option 2: Per Committee Recommendation Place Item on Consent Agenda of Regular Meeting Place the item on the appropriate Council Committee for review and discussion, Committee recommends forwarding item directly to Consent Agenda, Council President confirms recommendation during the Agenda Review Process, and the item is (or is not) placed on Consent Agenda as appropriate. Option 3: Committee to COW to Consent on Regular Meeting Place the item on the appropriate Council Committee for review and discussion, forward item to the Committee of the Whole, and then the COW will decide if the item should be forwarded to the Consent Agenda. 156 FINANCE AND SAFETY COMMITTEE Meeting Minutes February 22, 2012 5: ISp.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller Staff: Mayor Haggerton, David Cline, Jennifer Ferrer -Santa Ines, Christy O'Flaherty, Joyce Trantina, Mary Miotke, Gail Labanara, Bob Giberson and Kimberly Matej CALL TO ORDER: Chair Quinn called the meeting to order at 5:16 p.m. *Committee Chair Quinn amended the agenda, and the Committee concurred, to reflect the addition of Item C. Non- Represented Employees Compensation Discussion as listed below. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Sales Tax and Miscellaneous Revenue Reoort: 2011 Fiscal Year Staff presented the full year sales tax and miscellaneous revenue report for 2011. Overall, revenues came in slightly over 8% for the year as compared to budget. This increase includes various sales tax revenue mitigation payments. Gambling tax revenue is down by 40% due to non payment by one casino, and admissions tax is down by 19 Committee Chair Robertson requested that a column be added to Schedule I: Sales Tax (included in the agenda packet) that reflects the 2010 sales tax revenue from construction in order to attempt to identify where the decline in sales tax revenue is as compared to 2010. Committee Member Robertson is interested in looking at long -term trends. Staff stated they were planning to include this information for 2011 and 2012 to see such comparisons; however they will provide construction numbers for 2010 per the request. INFORMATION ONLY. B. Proposed Consent Agenda Process Staff presented a proposed consent agenda process for improving meeting efficiency based on a discussion regarding consent agendas at the Council Retreat in February. The proposed process outlines options for placing items on a consent agenda, and lists items that could be placed on the agenda as well as items that would not be eligible for consent agenda consideration. After discussion, the Committee Members suggested a combination of Option 1 and Option 2 which are outlined in the informational memeincluded in the Committee agenda packet. Option 1 would be utilized for non controversially items tha are purely administrative in nature. Based on this suggestion, the Committee recommends implementing a consent agenda by using the following process: An item that is non controversial and strictly administrative in nature can be placed directly on the consent agenda of a Regular meeting by recommendation of staff and prior approval of the Council President. An item that may be of greater interest to the Council, but is still non- controversial, can be placed on the consent agenda of a Regular meeting with the appropriate Committee recommendation and subsequent Council President approval. Committee Members expressed the importance of understanding that in this proposed process, any Councilmember can request an item be removed from the consent agenda at a Regular meeting, and that item will then be discussed under new business later in the meeting. UNANIMOUS APPROVAL. FORWARD TO MARCH 26 COW FOR DISCUSSION. 157 l� COUNCIL AGENDA SYNOPSIS Initials ITE'MNO. Meetin,Q Date Prepared by Mayor's review I CohAre iew 03/26/12 SB�'� Special CAS NUMBER: AGENDA ITEM TITLE ITEM INFORMATION ORIGINAL AGENDA DATE: MARCH 26, 2012 Confirm the appointment of the Finance Director at the Special Meeting to follow the Committee of the Whole. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other Mtg Date Mtg Date 3/26/12 Mtg Date Mtg Date Mtg Date Mig Date Mtg Date SPONSOR ❑Council ®Mayor Adm Svcs DCD ❑Finance ❑Fire ❑Legal P &R Police El PW SPONSOR'S The Council is being asked to confirm the appointment of the Finance Director. SUMMARY REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Mayors Office COMMITTEE COST IMPACT''/ FUND SOURCE' EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: I MTG. DATE I RECORD OF COUNCIL ACTION 3/26/12 I' MTG. DATE h ATTACHMENTS 3/26/12 No attachments (Memo from Mayor and resume provided to the Council on 3/23/12) 159 W-Iff Upcoming Meetings Events March /April 2012 26th (Monday) 27th (Tuesday) 28th (Wednesday) 29th (Thursday) 30th (Friday) Community Utilities Cmte, COPCAB, Affairs Parks 5:00 PM 6:30 PM Cmte, (CR 91) (CR 45) 5: 00 PM (CR #3) Sister City City Council delegation Committee of leaves for the Whole Mtg., Japan. 7:00 PM (Council Chambers) 2nd (Monday) 3rd (Tuesday) 4th (Wednesday) 5th (Thursday) 6th (Friday) Civil Service Chamber of Equity Commission, Commerce Diversity 5:00 PM Gov't. Commission, (CR 93) Community 5:15 PM Affairs Cmte, (CR 43) 12:00 NOON Transportation (Chamber Cmte, Ofce) 5:15 PM (CR #1) Finance Safety Cmte, 5:15 PM (CR 93) City Council Regular Mtg., Arts 7:00 PM Commission, (Council 5:30 PM (Community Center) 31st (Saturday) Tukwila Int'l. Blvd. Action Cmte's Trash Pickup Day 9:00 10:00 AM r For location contact Rick at rick@forschler.org 7th (Saturday) MPD's Citizens Pool Advisory Committee 8:00 am (Tukwila Community Center) Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner of 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: 1st Mon., 5:00 PM, Conf Room #3. Contact Human Resources at 206 433 -1831. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3 (A) Sign Code revisions. (B) Teen Center update. (C) Recreation Division 2011 recap. (D) Special Events Calendar. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206- 433 7175). Equity Diversity Commission: I st Thurs., 5:15 PM, Conf Room 43. Contact Joyce Trantina at 206- 433 -1850. ➢Finance Safety Committee: 1st 3rd Tues., 5:15 PM, Conf. Room 43. ➢Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Erie Boykan of 206- 433 -7180. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 767 -2342. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342. ➢Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206- 431 -3670. ➢Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1 ➢Tukwila Historical Society: 3rd Thurs., 7:00 PM Tukwila Heritage Cultural Center, 14475 59 Avenue S. Contact Pat Brodin at 206 433 -1861. ➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206- 433 -1815. ➢Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1 (A) NPDESProgranr 2011 Annual Report and 2012 Stornairater Dlanagernent Program Update. (B) Utilities Committee C1P 101. 161 Tentative Agenda Schedule MONTH March '1VIEETING`1- �u REGULAR 5 MEETING; 2. C.O,W. 12 MEETING 3 REGULAR,, 19 MEETING 4 26 See agenda packet cover sheet for this week's agenda (March 26, 2012 Committee of the Whole Meeting) April 2 Special Presentation: Swearing in of Police Officer James Schwalm. Update from Safe and Sound. Presentation regarding 4Culture Grants, Julie Koler, King County Historic Preservation Officer. Unfinished Business: Riverton Development Agreement. A contract to accept a grant in the amount of $50,000 for the Duwamish Hill Preserve. 9 Special Presentation: A proclamation for Arbor Day. Special Issues: Tukwila Village Development Agreement. 16 Special Presentation: Employee recognition. Appointments: Confirm the re- appointment of Jan Bolerjack to Position #7 on the Human Services Advisory Board, with a term expiring 4/30/15. Unfinished Buisness: Tukwila Village Development Agreement. 23 Public Hearings: Solid Waste Contract Mandatory Collection. r