HomeMy WebLinkAboutReg 2012-11-05 COMPLETE AGENDA PACKETTukwila City Council Agenda
REGULAR MEETING
Jim Haggerton, Mayor Counci /members: Joe Duffie Dennis Robertson
David Cline, City Administrator Allan Ekberg Kathy Hougardy
V Sea Cou Pr es i de n t D e'Sea n Q <3 K ate Kr
EXECUTIVE SESSION 6:30 PM 7:00 PM 4+
Potential Land Acquisition— Pursuant to RCW 42.30.110(1)(b)
(30 minutes)
Monday, November 5, 2012; 7:00 PM Ord #2383 Res #1779
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL
a. Swearing in of Commander Jon Harrison. Mike Villa, Police Chief.
PRESENTATIONS
b. Special Olympics "Circle of Honor" Gold Award to Officer Ted Rutt.
Mike V111a, Po /ice Chief.
3. CITIZEN
At this time, you are invited to comment on items not included on this agenda
COMMENT
(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.
4. CONSENT
a. Approval of Minutes: 10/15/12 (RegularMtg.); 10/22/12 (SpecialMtg.)
AGENDA
b. Approval of Vouchers.
c. Authorize the Mayor to sign an agreement with KPG, Inc. for the 2013
Pg.1
Overlay and Repair Program in the amount of $148,959.24. [Reviewed
and forwarded to Consent by Transportation Committee on 10115112.]
d. Authorize the Mayor to sign a grant agreement with the King County
Pg.23
Flood District for the Duwamish Gardens Project in the amount of
$500,000.00. (The grant requires no matching funds.) [Reviewed and
forwarded to Consent by Community Affairs Parks Committee on
10/22/12.]
e. Acknowledge receipt of Councilmember Kruller ethics investigative
Pg.43
findings and disposition. For information only, pursuant to Tukwila
Municipal Code Section 2.95.040.
5. PUBLIC
a. An ordinance vacating right -of -way within the City of Tukwila dedicated
Pg.53
HEARINGS
for street purposes, generally described as portions of Southcenter
Parkway between approximately South 180th Street and existing City
limits. (Reference Ordinance No. 2240.)
b. An ordinance vacating right -of -way within the City of Tukwila dedicated
Pg.79
for street purposes, generally described as portions of South 200th
Street and Frager Road. (Reference Ordinance No. 2239.)
(continued...)
p
REGULAR MEETING
Monday, November 5, 2012
Page 2
6. UNFINISHED
a. An ordinance amending Ordinance No. 2240 relating to vacating portions
Pg.53
BUSINESS
of the existing Southcenter Parkway right -of -way from approximately
South 180th Street to existing City limits (at the time of original street
vacation Ordinance No. 2240) by replacing Exhibits A and B and
amending Section 4 to provide for replacement access to two parcels.
b. An ordinance amending Ordinance No. 2239 relating to vacating portions
Pg.79
of the existing Frager Road right -of -way from approximately existing City
limits (at the time of original street vacation Ordinance No. 2239) to
South 200th Street by replacing Exhibits A and B to more clearly specify
the area that is subject to vacation.
c. Historic Preservation;
(1) An ordinance establishing new regulations to be codified in Tukwila
Pg.89
Municipal Code Chapter 16.60 relating to the protection and
preservation of landmarks, establishing procedures for designation
and protection of landmarks, and providing for appeals of the
Landmark Commission.
(2) Authorize the Mayor to sign an Interlocal Agreement with King
Pg.99
County relating to landmark designation and protection services.
7. NEW BUSINESS
8. REPORTS
a. Mayor
b. City Council
c. Staff City Administrator Report
Pg.111
d. City Attorney
e. Intergovernmental
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. 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.c�ov 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 riles of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
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
Initiadr
Meehn Date Prepared b Ma or s review Council'7eview
11/05/12 BG
ITEM INFORMATION
ITEM NO.
4.C.
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 11/05/12
AGENDA ITEM TITLE 2013 Annual Overlay Repair Program Consultant Agreement with KPG, Inc.
CATEGORY DZJG'LtfJion
Mt Date
®Motion
Mtg Date 11/05/12
❑Resolution
Mtg Date
E] Ordinance
Mtg Date
❑Bid Award
Mtg Date
❑Public Hearing
Mtg Date
Other
Mtg Date
SPONSOR Council Mayor HR DCD []Finance Fire IT P&R Police PW/
SPONSOR'S This contract is for design of the 2013 Annual Overlay and Repair Program. Six engineering
SUMMARY firms were evaluated and KPG was determined to be the most qualified. Starting the
design process in the fall and advertising bids in the first quarter allows the City to take
advantage of the optimal bidding climate. The street segments scheduled for 2013 include
seven road sections. Council is being asked to approve the design contract with KPG, Inc.
in the amount of $148,959.24.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/15/12 COMMITTEE CHAIR: ALLAN EKBERG
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$148,959.24 $200,000.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 14, PROPOSED 2013 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/05/12
MTG. DATE
ATTACHMENTS
11/05/12
Informational Memorandum dated 10/12/12
Consultant Selection Scoring Matrix
Vicinity Map
Page 14, Proposed 2013 CIP
Contract, Scope of Work, and Fee
Minutes from the Transportation Committee meeting of 10/15/12
p
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO:
Mayor Haggerton
TRANSPORTATION COMMITTEE ,2A
FROM:
Bob Giberson, Public Works Directo
BY:
Robin Tischmak, City Engineer
DATE:
October 12, 2012
SUBJECT:
2013 Overlay and Repair Program
Project No. 91310401
Consultant Selection and Agreement
ISSUE
Execute a contract with KPG, Inc. to provide design services for the 2013 Overlay and Repair Program.
BACKGROUND
The City uses the Municipal Research and Services Center (MRSC) consultant roster whenever possible to select
engineering firms to provide necessary services. Six (6) engineering firms were evaluated to provide design services for the
City's 2013 Overlay Program (see attached scoring and selection matrix). Each consulting firm provides services with
expertise in multiple engineering disciplines. All of the firms are well qualified, but KPG provides a unique knowledge and
understanding of the City's program that provides efficiency and benefits which cannot be matched at this time by any other
firm. KPG has prepared preliminary plans for several of the project segments as part of the 2012 Overlay Program and has
also performed very well on previous City projects. The selection of a consultant to provide these services will continue to be
evaluated annually as a consultant's staffing and expertise changes over time.
Starting the design process in the fall and advertising for construction bids in the 1St quarter of each year allows the City to
take advantage of the optimal bidding climate. The list of streets was developed using the City's Pavement Management
Program with input from engineering and maintenance staff.
DISCUSSION
KPG, Inc. has provided a contract, scope of work, and fee estimate to complete design of the 2013 Overlay and Repair
Program and advertise for construction bids.
Remaining 2012 Budget
2013 Final Design Contract Budget
Totals
1) Beacon Ave South: Bangor St to S 107th St
2) South 107th St: 49th Ave S to Beacon Ave S
3) South 114 St: 49th Ave S to 51 st Ave S
4) 49th Ave South: S 107th St to S 114th St
Contract
148 959.24
$148,959.24
Budget
$100,000.00
100,000.00
200.000.00
5) S 150th St: Tukwila Int'I Blvd to 42 Ave S
6) Andover Park East: Strander Blvd to Tukwila Pkwy
7) Interurban Ave S: S 143 St to Fort Deny Wy
Council is being asked to approve the design contract with KPG, Inc. for the 2013 Overlay and Repair Program in the
amount of $148,959.24 and consider this item on the Consent Agenda of the November 5, 2012 Regular Meeting.
Attachments: Consultant Selection Scoring Matrix
Vicinity Map
Page 14, Proposed 2013 CIP
Contract, Scope of Work and Fee Estimate
WAPW EngTROJECTSW RW RS Projects12012 Overlay Repair Program (91210401)11nfo Memo Consult Select 2013 0 &R 10 -12 -12 gl sb.docx
3
El
CONSULTANT SELECTION
2013 OVERLAY REPAIR PROGRAM
For each category, highest score is 1 (with the lowest or worst score at 4)
Consultant with the lowest score is ranked the best.
W:1PW EngTROJECMA- RW RS Prgeclsl2012 Overlay Repair Program (91210401)2013 —sal As
CH2M Hill, Inc.
Gray and
Osborne, Inc.
KPG
Parametrix
Perteet
W H
Pacific, Inc.
Project Manager
2
2
1
2
2
2
Tukwila Overlay
Program Knowledge
4
4
1
3
4
2
Roadway, Bikeway, Walkway
Design
1
1
1
1
1
1
Stormwater Drainage
Detention Design
1
1
1
1
1
1
Signal, Illumination
Electrical Design
1
1
1
1
1
1
Land Surveying Mapping
1
1
1
1
1
1
Pedestrian Path Facilities
Planning and Design
1
1
1
1
1
1
Construction Project
Administration Management
1
1
1
1
1
1
Construction Inspection
1
1
1
1
1
1
Transportation Traffic
1
1
1
1
1
4
Utilities
1
1
1
1
1
1
Landscape Design Surveying
1
1
1
1
1
4
Plan Review
4
1
1
1
4
1
Illumination
4
1
1
1
4
1
TOTALS
24
18
14
17
24
22
For each category, highest score is 1 (with the lowest or worst score at 4)
Consultant with the lowest score is ranked the best.
W:1PW EngTROJECMA- RW RS Prgeclsl2012 Overlay Repair Program (91210401)2013 —sal As
N
City of Tukwila 2013 Overlay Program
o Department of Public Works 10/9/2013 Vicinity Map
S
aS'�
�p
1n,A
75r( v
A, Y
F
�J�
L
.OB
N
p;
P
ir
y
y
S Iu Pt
3
Nn
S ul St
y 4,
S
F
u6 St
S e It
SR 599
y s 118 ;t
y
Pro e c t
1st
p
.J
Locations
y
yS122St
5124 Si
y y
S 124 St
v
y
N Y
s127st
su!6st
S t
S lee
St
d
F•�
1l
S 130
St
�3m
Z'.ty,
.+P O c
y
p
131G,
St
D
S 133 St
o y
w St Sr
s
y
134
d
y
St y
S 135 t
tA b
y
y
p
N
V
y
S 140 St
S
139 St
C O
S 142 St
S
42 St
D
�i
S 142
St
y
y
y
S
142
t
.143 Ave
S 144
St
y
S IM St
S
L
1.
y
V
y
y
S
it
S 1148 St
S 148 St y
r 5
147
St
P t Q\
S 149 St
N
S 150 St
S
y
S 149 S
y
S
!e S
5 152 St
IS! St
S 152 St
r
S152 St
S 154 Std
SR S
y S 3 St µms'
p
y
�S 156 St
ery y
t
R 40S y
S
A
vi
H
U! r vkh[a Pa-k1 y
s M
S16ost
160
�aF
y y
5
D
y
S 164 St
Slrander Blvd
t4
f
y
3
City of Tukwila 2013 Overlay Program
o Department of Public Works 10/9/2013 Vicinity Map
p
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT:
Annual Overlay and Repair Program Project No. 91210401
DESCRIPTION:
Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets.
Preserve and maintain the street structure in a safe and useable state by resurfacing before failure, to
JUSTIFICATION:
minimize costs. Some individual sites may be coordinated with water, sewer and surface water projects.
STATUS:
Each year various sections of roadway throughout the City are designed and constructed for asphalt overlay.
MAINT. IMPACT:
Reduces annual maintenance.
COMMENT:
Ongoing project. Only one year actuals shown in first column.
FINANCIAL Through Estimated
tin qtnnn 2n11 2n12 2n13 2n14 2015 2016 2017 2018 BEYOND TOTAL
EXPENSES
Design
55
100
100
100
125
125
150
150
175
1,080
Land(R/W)
0
Const. Mgmt.
123
150
175
175
175
175
200
200
225
1,598
Construction
726
1,100
1,175
1,225
1,250
1,260
1,300
1,320
1,325
10,681
TOTAL EXPENSES
904
1,350
1,450
1,500
1,550
1,560
1,650
1,670
1,725
13,359
FUND SOURCES
REET 2 Second Qtr.
130
130
112
115
123
125
127
862
Motor Vehicle Tax
112
112
127
384
391
393
396
1,915
Parking Tax
151
151
117
120
123
125
127
914
Mitigation
0
City Oper. Revenue
904
1,350
1,057
1,107
1,194
941
1,013
1,027
1,075
9,668
TOTAL SOURCES
904
1,350
1,450
1,500
1,550
1,560
1,650
1,670
1,725
13,359
2013 2018 Capital Improvement Program 14
irs
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
CONSULTANT AGREEMENT FOR
ENGINEERING DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City and KPG, Inc., hereinafter referred to as "the Consultant in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Desisnation The Consultant is retained by the City to perform engineering design
services in connection with the project titled 2013 Overlay Program.
2. Scope of Services The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
Duration of Agreement, Time for Performance This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2013, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than December 31,2013 unless an extension of such time is granted in writing by the City.
4. Payment The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $148,959.24 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
11
5. Ownership and Use of Documents All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local .laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability,
including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's
negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Insurance The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance'of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
CA revised 2012
Page 2
Irk
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liabilit y with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self- insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
inunediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9s Independent Contractor The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
CA revised 2012
Page 3
13
10. Covenant Against Contingent Fees The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non Waiver Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable I.aw; Venue; Attorney's Fees This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised 2012
Page 4
ie
17. Notices Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG, Inc.
753 9th Avenue N.
Seattle, WA 98109
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this day of
CITY OF TUKWILA
Mayor
Attest/Authenticated:
City Clerk
CA revised 2012
CONSULTANT
Printed Name: Nelson Davis, KPG
Title: Principal
Approved as to Form:
Office of the City Attorney
Page 5
15
W.
NAM
EXHIBIT A
City of Tukwila
2013 Overlay Program
Scope of Work
October 8, 2012
The Consultant shall prepare final Plans, Specifications and Estimates for the 2013
Overlay Program. Specific projects will be determined from the following list of
candidate streets:
Beacon Ave
Bangor St to S 107th St
49th Ave S
S 107th St to S 114th St
o S 114th St
51 st Ave S to 49 Ave S
o S107 th St
S114 th St to Beacon Ave
Andover Park East
Strander to Tukwila Parkway
S150 1h Street
42 Avenue S to Tukwila International Boulevard
Interurban Avenue S
Fort Dent Way to S 143 d St
The Consultant performed preliminary mapping and design on the first four project sites
to the approximate 30% level of completion for budget estimating purposes in 2012.
Design and specifications for the first four project sites will be completed through the
90% and final bid documents.
The Consultant shall provide all necessary field reviews, base mapping, and utility
notification required to complete final bid documents for the 2013 Overlay Program.
The Consultant shall also prepare the bid tabulation, check low bidder(s) references,
and provide a recommendation for award to the City.
The 2013 Overlay Program will be bid as a single bid package as budget allows to
include the first 4 projects at a minimum. Projects may be re- prioritized, deferred to a
future overlay program, or bid as a separate capital improvement project based on
available budget and other considerations. Detailed estimates will be prepared at the
90% design to verify the final project list to be included in the 2013 Overlay Program.
Andover Park East design will consist of general overlay and repair as well as additional
repairs associated with an upcoming water improvement project being prepared by the
City. The overlay portion may be included in the 2013 Overlay Program or bid
separately as part of the water improvement project at the City's sole discretion.
City of Tukwila KPG, Inc.
2013 Overlay Program Page 1 of 2 October 8, 2012
17
S 150 Street design will consist of general overlay and repair as well as additional
repairs associated with upcoming small drainage improvements. This project is also a
candidate for sidewalk improvement grant funds to improve pedestrian safety along the
school walking route. The overlay portion may be included in the 2013 Overlay
Program or bid separately as part of the small drainage or sidewalk improvement
project at the City's sole discretion.
Interurban Avenue S was completed to approximately the 90% design level in 2010.
This project has been identified as a potential funding candidate on the PSRC
contingency list. The 90% design will be revised to incorporate recent sewer
improvements by the City and ongoing developer frontage improvements. The overlay
portion may be included in the 2013 Overlay Program or bid separately as part of the
larger federally funded capital improvement project at the City's sole discretion.
The City of Tukwila may require other services of the consultant. These services could
include additional design, right of way, environmental documentation, construction
phase services, or other work tasks not included in the scope of work. At the time these
services are required, the Consultant will provide the City with a detailed scope of work
and an hour and fee estimate. The Consultant will not proceed with the work until the
City has authorized the work and issued a Notice to Proceed.
Assumptions for the 2013 Overlay Program Bid Package
Topographic field survey will not be required for the 2013 Overlay Program.
Typically, only surface utilities requiring adjustment to grade will be shown.
Drainage Water Quality Reports will not be required.
Geotechnical Engineering services will not be required.
Environmental Documentation will not be required.
Grant funding requirements may require additional environmental
documentation on S 150 and /or Interurban Avenue S which are not included
in this scope of work.
Deliverables
90% review submittal with Plans, Specifications, and Estimate for 2013
Overlay Program.
Routing of 90% Plans to utilities for review and comment.
Bid Documents and Engineer's Estimate for 2013 Overlay Program
6 sets of Plans (11" X 17 and specifications provided for 90% review
submittal.
10 sets of Plans (11" X 17 and specifications for the Bid Documents.
Coordinate upload of Plans and Specifications to Builders Exchange.
City of Tukwila KPG, Inc.
2013 Overlay Program Page 2 of 2 October 8, 2012
1
HOUR AND FEE ESTIMATE
Project: City of Tukwila
2013 Overlay Program
EXHIBIT B
KPG
Architecture
Landscape Architecture
Civil Engineering
Laoor hour hstimate lotat ree
Protect Senior Project Design CAD Gons1 Survey Senior Office
Task Description Manager Engineer Engineer Engineer Technician Inspector Crew Admin Admin
00 t 143.58 114.85 S 10;0.49 83.65 S 94:10 1
165: 39:01 100:49 5811 Fee
Task 2 2013 Overlay Program
A.
Ma nagement and ad ministration (est imate 8 months) i
8
0
0
0
0
0
0
2
1
8
1,985.86
B.
QA/QC reviews I
8
4
j
0
..._w.
0
j
0
0
0
j
0
1,894.33
C.
Prepare Protect Base Maps
1 4
8
i
20
60
32
0
1
40
0 i
0
i
18,372:22
Beacon Avenue
0
0
2
2
41
0;
0�0�
0
49fh Avenue S
01
0
4
4
61
i
0'
0(
01
0?
S 114th Street
0'
0�
4
4�
8
0
0(
01
0
Sf07thStre
0�
0
21
4
D
0
0 1
0
Andover Park East
01
0
4
4 1
41
O
0
0
0,
S150thStreet
0i
0
4
4'
4
0'
0
0
0
Interurban Avenue St
4
81
0
40'
Oj
0
401
Of
OI
D.
Prepare 90% Plans
32
72
j
160
250
i
288
j
0
0
t 0
i
12
83,904.04
Beacon Avenu
2
8
241
161
01
01
Ot
49th Avenue S{
0
2
12
16
32
0!
01
0 1
1?
S 114th Street!
0,
6
16
20
40
0 0
0
1
S 107th Street
0
2
12
24
24
0
0=
0
3
1
Andover Park East1
0
8
12
16'
16'`
0?
0
0
2
S 150th Street
8
12
20
30
40t
0
0
21
Interurban Avenue S
24'
40
801
120
120
E. Project Cost Estimate
4
8
16
16
8 j
0
0
0
t
5.923.29
R
Project Specifications
4
16
24
16
8
0
0
0
0
8
i
8 ,55 65
G.
Utility Coordination
2
4
8
8
8
0
0
0
4
is
3,528 67
H.
Finalize 2013 Overlay Pro crarll Bid Documents
8
16
24
40
40
0
0
0
8
14,204.
I.
2013 Ove Prim Ad and Award
4
4
8
8
I
0
0
1 8
4
Reimbu rsable Mileage
v
t
�8
T
400.00
Reimbursable Rep roduction
1 ,000.0 0
Reimbursable Traffic Control
2
2,000.00
Reimbursable Title Reports for Interurban
3.200.00
Task Total
74
132
1 260
1 398
392
0
40
1 2
48
148,959.24
Total Estimated Fee: 148,959.24
10/9/2012
WTMI
FAM
City of Tukwila
Transportation Committee
TRANSPORTATION COMMITTEE
Meeting Minutes
October 15, 2012 5:15 p.m. Conference Room #1
PRESENT
Councilmembers: Allan Ekberg, Chair; Kathy Hougardy and De'Sean Quinn
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Jack Pace, Gail Labanara and Kimberly Matej
CALL TO ORDER: The meeting was called to order at 5:15 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. 2013 Overylay Repair Program: Consultant Selection Agreement
Staff is seeking full Council approval to enter into a contract with KPG, Inc. in the amount of
$148,959.24 to provide design services for the 2013 Overlay Repair Program.
KPG, Inc, was identified as the best selection of six engineering firms considered from the Municipal
Research and Services Center (MRSC) consultant roster. The 2013 Program will provide design services
for seven locations, four which are residential and three that are contributing portions of existing projects.
The City has a total of $200,000 budgeted for construction management services for the 2013 Overlay
Program including $100,000 remaining from the 2012 Program. UNANIMOUS APPROVAL.
FORWARD TO NOVEMBER 5 CONSENT AGENDA.
21
22
COUNCIL AGENDA SYNOPSIS
Initial r
Meetin Date Prepared by Ma or's review
co- i'41 `review
11/05/12 BG
ITEM INFORMATION
ITEMNO.
0191
23
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 11/05/12
AGENDA ITEM TITLE Duwamish Gardens Accept King County Flood Control District Grant
CATEGORY Discussion
Mtg Date
Motion
Mtg Date 11105112
Resolution
Mt g Date
Ordinance
Mtg Date
Bid Award
Mtg Date
Public Hearing
Mtg Date
Other
Mt
g Date
SPONSOR [:]Council Mayor HR DCD Finance Fire IT P&R Police PW
SPONSOR'S The City was awarded a $500,000 King County Flood Control District grant for the
SUMMARY Duwamish Gardens Project that requires no City matching funds. Duwamish Gardens is
currently under design. Construction costs are estimated at $3,000,000 and additional
grants are being sought for the remaining construction funding. Council is being asked to
accept the King County Flood Control District's grant in the amount of $500,000.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/22/12 COMMITTEE CHAIR: KATHY HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 301 PARKS (PG 65, PROPOSED 2013 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/5/12
MTG. DATE
ATTACHMENTS
11/5/12
Informational Memorandum dated 10/19/12
King County Flood Control Resolution
King County Cooperative Watershed Management Grant Proposals
Minutes from the Community Parks Committee meeting of 10/22112
23
24
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community and Parks Committee
FROM: Bob Giberson, Public Works Director
By: Ryan Larson, Senior Engineer
DATE: October 19, 2012
SUBJECT: Duwamish Gardens
Project No. 06 -DR02
Grant Agreement King County Flood Control District
ISSUE
Authorize the Mayor to sign a grant agreement with the King County Flood District.
BACKGROUND
The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat
site. The project is currently in the design phase and staff is in the process of clearing the site of
all existing structures and securing construction funds.
Staff applied for construction funding through the Recreation and Conservation Office (RCO)
and the King Conservation District (KCD). KCD initially planned on awarding this project
$500,000 in construction funding, but then all KCD funding in 2012 was put on hold pending the
outcome of a recent court case regarding their property assessment. The King County Flood
District (Flood District) was approached by KCD to see if they could provide funding for
programs related to habitat and water quality in 2012. The Flood District approved the original
funding of $500,000 and the grant will now be administered by the Flood District. The grant
requires no additional matching funds.
ANALYSIS
The Flood District grant includes $91,000 for a Cultural /Historic Investigation Plan that is an
additional item that is being required by the Corps of Engineers during the design process. The
remaining grant funding of $409,000 can be used for structure demolition and site construction.
The total construction costs are estimated at $3,000,000.00 for this project and the remaining
grant funding for construction has not yet been secured.
RECOMMENDATION
The Council is being asked to approve a grant agreement with the King County Flood Control
District for $500,000.00 for the Duwamish Gardens project and consider this item on the Consent
Agenda of the November 5, 2012 Regular Meeting.
Attachments: King County Flood Control District Resolution
King County Cooperative Watershed Management Grant Proposals
W: \PW Eng\PROJECTS\A- DR Projects \Duwamish Gardens 06 -DR02 90630102) \Grants \Construction \KCFCD \Info Memo GRFCD Grant Accept 10 -19 -12 gl.docx 25
M
L
King County
KING COUNTY
Signature Report
May 14, 2012
FCD Resolution
1200 King County Courthouse
516 Third Avenue
Seattle. WA 98104
Proposed No. FCD2012 -07.2 Sponsors
1 A RESOLUTION authorizing the expenditure of King County Flood Control
2 District funds on cooperative watershed management arrangements and actions for
3 purposes of water quality and water resource and habitat protection and management.
4 WHEREAS, RCW 86.15.035 authorizes flood control zone districts to participate in
5 and expend revenue on cooperative watershed management arrangements and actions,
6 including without limitation those under chapter 39.34 RCW, under chapter 39.106 RCW
7 and under other intergovernmental agreements authorized by law, for purposes of water
8 supply, water quality, and water resource and habitat protection and management; and
9 WHEREAS, the District board of supervisors desires to fund water quality and water
10 resource and habitat protection and management activities and projects currently being
11 funded by the King Conservation District; and
12 WHEREAS, the King Conservation District has been providing grants for salmon
13 recovery activities and projects in Water Resource Inventory Areas 8 and 9 and the
14 Snoqualmie Watershed, as well as grants for such activities and projects in all
15 jurisdictions that are part of the King Conservation District; and
16 WHEREAS, there is a policy nexus between flood control and stormwater projects
17 and cooperative watershed management; now, therefore
18 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING COUNTY
19 FLOOD CONTROL ZONE DISTRICT:
1
27
FCD Resolution
20 SECTION 1 The Board establishes a policy to fund water quality and water
21 resource and habitat restoration and management projects and activities as authorized by
22 RCW 86.15.035 and consistent with RCW 39.34.190.
23 SECTION 2. The Board authorizes the King County executive or his designee to
24 develop and administer a grant award program of up to $3 million in 2012 for water
25 quality and water resources and habitat restoration and management projects and
26 activities allocated in the amounts of $1.2 million for WRIA 8, $1.2 million for WRIA 9
27 and $600,000 for the Snoqualmie Watershed, provided that the project list shall be
28 approved by the District executive committee.
29 SECTION 3 King County's administrative costs for the grant award program
30 shall not exceed 5 including all direct, indirect and overhead charges.
31 SECTION 4 The Board requests the King County executive or his designee to
32 include water quality and water resource and habitat restoration and management projects
33 and activities and agreements relating to them as part of the Flood Hazard Management
34 Plan update.
35 SECTION 5. The Board intends to pursue on -going funding for water quality and
36 water resource and habitat restoration management projects and activities.
37 SECTION 6. The King County executive or his designee is requested to
38 prepare for the District by October 1, 2012 a report that analyzes and includes (1) a
39 review of the current evaluation criteria to determine whether it is an equitable
40 allocation formula within King County and adjoining counties and (2) possible
41 expenditure of District revenue for activities and projects of WRIAs 7 Snoqualmie
42 Watershed), 8 and 9, beginning in 2013 and continuing into the future.
2
FCD Resolution
43 SECTION 7. The Board establishes a policy to limit WRIA activities and
44 projects funded by District revenue to no more than 10% of annual property taxes
45 collected.
46
FCD Resolution was introduced on and passed as amended by the King County Flood
Control District on 5/14/2012, by the following vote:
Yes: 9 Mr. Phillips, Mr. von Reichbauer, Mr. Gossett, Ms. Hague,
Ms. Patterson, Ms. Lambert, Mr. Ferguson, Mr. Dunn and Mr.
McDermott
No: 0
Excused: 0
KING COUNTY FLOOD CONTROL DISTRICT
KING COUNTY, WASHINGTON
Jul' Patterson, Chair
ATTEST:
&J
Anne Noris, Clerk of the District
Attachments: None
3
29
30
Kit n L County
Water and Land Resources Division
Department of Natural Resources and Parks
King Street Center
201 South Jackson Street, Suite 600
Seattle, WA 98104 -3855
206 296 -6519 Fax 206- 296.0192
TTY Relay; 711
July 16, 2012
TO: Kjristine Lund, Executive Director, King County Flood Control District
FR: MarkZs Division Director, Water and Land Resources Division, King County
Department of Natural Resources and Parks
RE: Cooperative Watershed Management Grant Proposals
We are pleased to convey to the King County Flood Control District Executive Committee
twenty -five Cooperative Watershed Management Grants projects for your approval. There
were 45 proposals submitted for a total of $4,750,182 for a maximum outlay of $3,000,000. A
list is attached as well as cover letter from the Chairs or representatives of the Snoqualmie
Forum and the WRIA 8 and 9 Forums. The proposed projects have been vetted by review
teams according to a review process that selects proposals on the basis of individual watershed
salmon conservation plan priorities and project merit.
Materials for the Flood Control District Executive Committee meeting are sent a week prior to
the meeting. However, the Snoqualmie Forum and the WRIA 8 Forum will officially approve
the projects respectively on July 18 and 19 The WRIA 9 Forum list is official except for
two recently substituted projects that will be presented for formal recommendation at its
August meeting.
We have read each proposal and verified the documentation in support of its selection. The
proposals -all follow the eligibility guidelines and meet or exceed the selection criteria. The
record indicates that each proposal has been evaluated by a review team in an equitable and
transparent manner according to the review methodology set forth by each Forum. We have
found no objections to any of the proposals on this list or to their review.
After the proposals have been approved by the Board of Supervisors, we will develop an
agreement with each recipient that includes measurable outcomes and deliverables tied to a
detailed scope of work and budget. We will track project progress and pay recipients based on
their performance and documented expenses.
We are looking forward to your endorsement of the list of proposals for the Snoqualmie Forum,
the WRIA 8 Forum and the WRIA 9 Forum. Meanwhile, should you have any questions
concerning any of these proposals, please feel free to contact me at 206 -296 -6587. Thank you.
KC Flood Control District Exec Comm July 23, 2012
31
Kjristine Lund
July 16, 2012
Page 2
cc: Ken Pritchard, Grants Administrator, Water and Land Resources Division (WLRD),
King County Department of Natural Resources and Parks (DNRP)
Brian Murray, Supervisor, Countywide Policy and Planning Unit, WLRD, DNRP
KC Flood Control District Exec Comm July 23, 2012
32
s
July 13, 2012
Councilmember Julie Patterson, Chair,
King County Flood Control District
516 3rd Avenue, Room 1200
Seattle, WA 98104
RE: Snoqualmie Watershed Forum Preliminary Funding Recommendations
for Cooperative Watershed Management Grants
Dear Chair Patterson,
On behalf of Snoqualmie Watershed Forum, I would like to express my gratitude to the
King County Flood Control District for deciding to support the important regional salmon
recovery work. The Snoqualmie Watershed Forum is a partnership of elected officials,
citizens and representatives from conservation organizations supporting salmon recovery
and ecological health in the Snoqualmie and South Fork Skykomish Watersheds
(spanning the King County portion of WRIA 7). Member governments include King
County, the Snoqualmie Tribe, and the cities of Duvall, Carnation, North Bend and
Snoqualmie.
I would like to present the attached preliminary Forum funding recommendations for the
2012 Cooperative Watershed Management Grant (CWMG) Program funded through the
King County Flood Control District. The projects and programs on the list have been
vetted according to King County's CWMG Program rules and procedures. The
recommended projects and programs have also been reviewed and prioritized by our local
Project Review Committee for the Snoqualmie Watershed Forum's consideration and
approval at their meeting on July 18. We will notify you of any changes to the
recommendations based on discussion and decisions at this meeting.
Through the 2012 CWMG Program, the Forum received $600,000 to allocate to high
priority salmon recovery projects and programs. In this grant round, we received 20
proposals for a total request of over $1.3 million, resulting in approximately a $750,000
funding shortfall. Of the 20 proposals received, we recommend full or partial funding for
nine proposals. Please note that the List includes a suite of alternate projects that would
receive funds in the event that a project recommended for funding cannot be
implemented.
These grant funds help implement critical salmon recovery priorities called for in the
Snohomish River Basin Salmon Conservation Plan, including habitat acquisition and
restoration projects, watershed stewardship, and sustaining critical project related
outreach activities to keep residents informed of our progress throughout the watershed.
Many of our high priority salmon habitat acquisition and restoration projects also provide
multiple benefits, including flood hazard management and landowner stewardship.
As you know, our efforts in WRIA 7 are part of the overall regional effort to recover
Puget Sound Chinook salmon, and we have been engaged with our partners in that effort
�rrcOCt t �Si€ r� 'q t �XC1a trfmarritaJU�tttEtlrc #12 �rrriyror:tattrU 11 3
for over 12 years. These CWMG funds represent a crucial source of our habitat
acquisition and restoration funding, and in these resource constrained times, they keep
important salmon recovery projects moving forward. If you have any questions, please
contact Perry Falcone, Snoqualmie Watershed Forum Project Coordinator, at (206) 296-
1940.
Sincerely,
A
Elizabeth Walker Forum Chair,
City of Duvall Councilmember
Cc:
Charles Peterson Forum Vice- Chair,
City of Snoqualmie Councilmember
Kjristine Lund, Executive Director, King County Flood Control District
Mark Isaacson, Director, King County Water and Land Resources Division
Janne Kaje, Acting Snoqualmie Watershed Forum Coordinator
KC Flood Control District Exec Comm July 23, 2012
34
WATER RESOURCE
INVENTORY AREA (WRIA 8) SALMON RECOVERY
COUNCIL
�,V4 ASxt4,
lake Forest Park
Council which is comprised of 27 local governments, businesses,
Mapievalley
Medina
v
July 16, 2012
have been working together since 2000 to recover Chinook salmon in our
MiICZreek
watershed. Our effort is part of the overall, regional effort to recover listed
Mountlake Terrace
�s
Councilmember Julia Patterson, Chair, King County Flood
Council, I would like to express gratitude to the King County Flood Control
94AMI88�
Control District
The lake
work through the 2012 Cooperative Watershed Management Grant
516 3rd Avenue, Room 1200
d a r t n/
Beaux Arts Village
Seattle, WA 98104
sammamish
watershed
Bellevue
Snohomish county
Attached please find the preliminary WRIA 8 funding recommendations
Bothell
for the 2012 CWMG Program. The projects and programs on the list have
Yarrow Point
Clyde Hill
RE: WRIA 8 Salmon Recovery Council Preliminary Funding
by King County as proper to the CWMG Program. The recommended
Edmonds
Recommendations for 2012 Cooperative Watershed Management Grants
Greater Maple Valley
Hunts Point
Area council
consideration and approval at their meeting on July 19. We will notify you
Issaquah
of an cha to the recommendations based on discussion and
y g
Mid Sound Fisheries
Kenmore
Dear Chair Patterson,
`,Kent
Through the 2012 CWMG Program, WRIA 8 received $1.2 million to
Sarre Lake sammamish
King County
I am writing you in my capacity as Coordinator for the Lake
Kirkland
Washington /Cedar/ Sammamish Watershed (WRIA 8) Salmon Recovery
lake Forest Park
Council which is comprised of 27 local governments, businesses,
Mapievalley
Medina
community groups, concerned citizens and state and federal agencies who
Mercer Island
have been working together since 2000 to recover Chinook salmon in our
MiICZreek
watershed. Our effort is part of the overall, regional effort to recover listed
Mountlake Terrace
Puget Sound Chinook salmon. On behalf of the WRIA 8 Salmon Recovery
Mukilteo
'Newcastle
Council, I would like to express gratitude to the King County Flood Control
'Redmond
District for deciding to support the important regional salmon recovery
Renton
work through the 2012 Cooperative Watershed Management Grant
Sammamish
(CWMG) Program.
Seattle
Shoreline
Snohomish county
Attached please find the preliminary WRIA 8 funding recommendations
,"Woodinville
for the 2012 CWMG Program. The projects and programs on the list have
Yarrow Point
been vetted according to rules and procedures that have been reviewed
by King County as proper to the CWMG Program. The recommended
The Boeing Company
tedarRiver
projects and programs have also been reviewed and prioritized by our
Greater Maple Valley
local Project Subcommittee for the WRIA 8 Salmon Recovery Council's
Area council
consideration and approval at their meeting on July 19. We will notify you
"Greater Seattle
";chamber of Commerce
of an cha to the recommendations based on discussion and
y g
Mid Sound Fisheries
decisions at this meeting.
"Enhancement "Group
Northwest Marine Trade
Association
Through the 2012 CWMG Program, WRIA 8 received $1.2 million to
Sarre Lake sammamish
allocate to high priority salmon recovery projects and programs. In this
Sustainable Fisheries
grant round, we received 14 proposals for a total request of over $2.2
Foundation
Trout unlimited
million, resulting in approximately a $1 million funding shortfall. Of the 14
proposals received, we recommend full or partial funding for six
IISArmy Corps of Engineers
proposals.
'Washington Departments:
Ecology
Fish and Wildlife
These rant funds help implement critical salmon recover p riorities
g p p y p
Natural Resources
called for in the WRIA 8 Chinook Conservation Plan, including habitat
Washington Association of
acquisition and restoration projects, continued monitoring of Chinook
Sewer and Water Districts
King Conservation District
0404_W85almonEecuveryCouncil.ai
KC Flood
Control District Exec Comm July 23, 2012
35
WRIA 8 2012 Cooperative Watershed Management Grant Program Funding Recommendations Page 2
population status and trends, and sustaining popular outreach and
education programs that reach and benefit citizens throughout the
watershed. Many of our high priority salmon habitat acquisition and
restoration projects also provide multiple benefits, including flood
management.
As you know, our effort in WRIA 8 is part of the overall regional effort to
recover Puget Sound Chinook salmon, and we have been engaged with
our partners in that effort for over 12 years. These CWMG funds
represent approximately two thirds of our annual habitat acquisition and
restoration funding, and in these resource constrained times, help sustain
key programs and keep important projects moving forward.
Please note that all documents associated with the request for proposals,
the proposals, review process, and funding recommendation are
available.
Sincerely,
I Jea White
a rshed Coordinator, Lake Washington /Cedar /Sammamish Watershed
(WRIA 8)
Cc:
Kjristine Lund, Executive Director, King County Flood Control District
Mark Isaacson, Director, King County Water and Land Resources Division
Ken Pritchard, King County, Cooperative Watershed Management Grant
Program Administrator
Dr. Don Davidson, DDS; Chair, WRIA 8 Salmon Recovery Council;
Councilmember, City of Bellevue
Jason Mulvihill- Kuntz, WRIA 8 Actions and Funding Coordinator
KC Flood Control District Exec Comm July 23, 2012
W
WATER RESOURCE INVENTORY AREA 9
Algoma
Auburn
Black Diamond
Burien
Covington
Des Moines
Enumclaw
Federal Way
Kent
King County
Maple Valley
Normandy Park
Renton
SeaTac
Seattle
Tacoma
Tukwila
King Conservation District
Vashon /Maury Island
Community Council
Covington Water District
Port of Seattle
Washington Department
of Ecology
Washington Department
of fish and Wildlife
Washington Department
of Natural Resources
U.S. Army Corps of Engineers
Washington
Environmental Council
Green /Duwamish
Watershed Alliance
Trout Unlimited /Mid -Sound
Fisheries Enhancement Group
Save Habitat and Diversity of
Wetlands (SHADOW)
The Boeing Company
Master Builders Association
King County Agricultural
Commission
July 16, 2012
Councilmember Julia Patterson, Chair
King County Flood Control District K "l NC, COU
Z
516 3rd Avenue Room 1200
Seattle, WA 98104
RE: Water Resource Inventory Area 9 Forum of Local Governments
Funding Recommendations for Cooperative Watershed Management Grants
Dear Chair Patterson,
The Green /Duwamish and Central Puget Sound (WRIA 9) Watershed Ecosystem
Forum (Forum) greatly appreciates the Flood Control District's funding support of
high priority salmon recovery projects and programs. The Forum approved the
attached list of funding recommendations for the 2012 Cooperative Watershed
Management Grant Program at their May 9, 2012 meeting. The list includes funding
for projects that have been selected through a science based, prioritized, project list,
and education /support programs which are annually funded to maintain program
continuity.
The WRIA 9 allocation of $1.2 million will contribute towards finding the
construction of two large restoration projects, the Fenster Levee Setback project in
Auburn and Duwamish Gardens Estuarine Construction in Tukwila, revegetation
along the Duwamish River, support for community based restoration projects by non-
profit organizations, environmental education, and monitoring of water quality and
Chinook population status. The Cooperative Watershed Management Grant Program
is critical for matching $1,060,255 in other grant funds towards these projects and
programs.
The projects and programs proposed for funding are included as habitat strategic
Initiatives as outlined in the draft Puget Sound Action Agenda. The Action Agenda
prioritizes cleanup and improvement projects, coordinates federal, state, local, tribal
and private resources, and ensures cooperative ecosystem efforts in Puget Sound.
We would be pleased to provide background documents related to the development of
the project list, proposals and funding recommendations upon request.
Sincerely,
WRIA 9 Watershed Ecosystem Forum:
e
k
Marlla Mhoon
Councilmember, City of Covington
Co -Chair
Bill Peloza
Councilmember, City of Federal Way
Co -Chair
Financial support provided by signers of Watershed Planning Interiocal Agreement for WRIA 9 including:
Al a, Au urn, la �Dia onrl, B ri� Covin to es Moines Enum la 4 Fed ay County,�Ij4le Valley,
004_W1)f,1U..LKGPFlood r er t %r1Qf t V l rri u y
37
W
Snoqualmie Watershed Forum 2012 CWM Grant Program Recommendation
WRIA
Project Name
Project Sponsor
Project Description
Match
cWM
Funding
Request
Snoqualmie at Fall City
Upper Carlson Floodplain
Restore floodplain habitat along the mainstem Snoqualmie River by removing and setting
7
Reconnection
King County
back 1600 feet of levees and revetments on King County land. This critical Chinook salmon
$2,068,207
$200,000
CWM 12 -SF -1
restoration project is a high priority in the Snohomish Basin Salmon Conservation Plan.
2013 Snoqualmie Restoration
and Project Assistance
King County (on
behalf of the
Provide project assistance, project related outreach, and regional coordination to implement
7
Program
Forum and the
the Snohomish River Salmon Conservation Plan in King County portion of WRIA 7. Direct
$39,690
$98,000
CWM 12 -SF -2
Cities
project assistance includes design review, grant writing and project coordination.
Snoqualmie Riverfront Reach
City
Continue an on -going city effort to purchase riverfront properties along the Snoqualmie River
7
Acquisition
Snoqualmie
u almie
with the multiple benefit of habitat projection, future restoration, and flood hazard reduction.
$173,000
$72,000
CWM 12 -SF -3
To date the city has purchased 28 parcels and plans to target three more.
Stillwater Wildlife Area
As part of the larger Stillwater Floodplain Restoration Project, Ducks Unlimited will provide
7
Riparian Restoration
Ducks Unlimited
construction management for the overall project, stakeholder outreach, and restore 1200 feet
$735,110
$65,889
CWM 12 -SF -4
of riparian area.
7
Tolt River Priority Acquisitions
Kin g County
Acquisition of at least 2 parcels along the lower Tolt River that will lead to high priority
$250,000
$50,000
CWM 12 -SF -5
mainstem Chinook restoration projects.
Kimball Creek Water Quality
Work with three landowners to remove invasive plants and restore native plans along Kimball
7
Improvement Project Phase 2
Snoqualmie Tribe
Creek near the City of Snoqualmie in the Upper Snoqualmie Basin. Restoration will involve
$975
$8,131
CWM 12 -SF -6
0.3 acres and 315 linear feet of creek.
McCormick Park Cooperative
Sound Salmon
Maintain existing restoration projects at Duvall's McCormick Park along the Snoqualmie
7
Maintenance Project
Solutions
River. The riparian restoration projects are more than 3 years old and have experienced
$31,500
$29,990
CWM 12 -SF -7
unforeseen flood and beaver related site damage.
7
Snoqualmie Restoration
Initiative
Stewardship
Restore riparian areas on three farms in the lower Snoqualmie Valley including: along lower
$60,400
$44,000
CWM 12 -SF -8
Partners
Cherry Creek, at the mouth of Ames Creek and along the mainstem Snoqualmie River.
Tollgate Farm E. Bookend
NW Parcel Weed Control
City of North
Continue work to restore North Bend's Tollgate Farm Bookend property including removal of
7
Project: Phase 2
Bend
a minimum of 8 acres of invasive weeds. 1000 conifers will be planted in the phase 1 area
$12,000
$31,990
CWM 12 -SF -9
east of Ribary Creek.
Total Match Leverage $3,370,882
Recommended CWM Grant Request Total $600,000
KC Flood Control District Exec Comm July 23, 2012 40
WRIA 8 2012 CWM Grant Program Funding Recommendations
WRIA
Project Name
Project Sponsor
ponsor
Project Description
Match
CWM Grant
Funding
Fundin
Riverbend Acquisition (Cedar
This project will acquire the 18.6 acre Riverbend mobile home park along the Cedar River in Maple
8
River)
King County
Valley for future restoration of important floodplain habitat. Acquiring this property fills a gap in
$6,084,000
$750,000
publicly —owned habitat along the left bank of the Cedar River and enables future levee setback and
CWM 12 -8 -1
floodplain restoration opportunities.
Cedar River Stewardship -in-
This project will build on Seattle Public Utilities' existing effort with Forterra and the Friends of the
8
Action: Focus on Invasives
Seattle Public Utilities
Cedar River Watershed to remove invasive species and restore riparian ecosystems in the lower
$67,200
$61,312
Cedar River Watershed. Stewardship -in- Action will focus on invasive species identification and
CWM 12 -8 -2
eradication, replanting treated areas, and outreach and education of river -front property owners.
WRIA 8 Fish In /Fish Out
This monitoring effort will track the number of Chinook salmon on the spawning grounds and trap
8
Monitoring 2013
King County
juvenile Chinook migrating out of the Cedar River to assess the productivity of habitat in WRIA 8
$182,646
$299,141
for sustaining Chinook salmon. These data are provided to stakeholders annually to help
CWM 12 -8 -3
understand if recovery goals outlined in the WRIA 8 Salmon Recovery Plan are being met.
Cedar River Salmon Journey
The Cedar River Salmon Journey educates watershed residents about salmon ecology and
8
2013
Friends of the Cedar
watershed health. Trained community volunteers make family friendly riverside presentations to the
$71,207
$33,017
River Watershed
public in the fall at several locations on the Cedar River and at the Hiram Chittenden Locks in the
CWM 12 -8 -4
summer.
Beach Naturalists Program
The Beach Naturalist Program engages and educates Puget Sound citizens how to protect and
8
2013
Seattle Aquarium
conserve the marine and nearshore environment, including the vital role the nearshore plays as
$57,793
$12,600
habitat for salmon rearing and migration. Volunteers are trained and scheduled to work on ten local
CWM 12 -8 -5
beaches between 13 and 16 days during spring and summer.
Salmon Watcher Program
The Salmon Watcher Program involves eight cities in WRIA 8 working together with King County to
8
2013 -2014
King County
recruit and train watershed residents about local salmon and salmon conservation issues. The
$43,174
$43,930
program collects data on salmon presence in streams and educates citizens and streamside
CWM 12 -8 -6
residents about salmon and streams in their watershed.
Total Match Leverage $6,506,020
Recommended "CWM 'Grant Request Total $1,200,000
KC Flood Control District Exec Comm July 23, 2012 41
i�a was
City of Tukwil
l io
s �r
908
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
October 22, 2012 5 :00 p.m.
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joe Duffie and Verna Seal (sitting in for Allan Ekberg)
Staff: Rick Still, Bob Giberson, Gail Labanara, Ryan Larson and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:05 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 through the
end of the year. INFORMATION ONLY.
B. Duwamish Gardens: Grant Agreement
Staff is seeking Council approval to enter into a grant agreement with King County Flood Control District
to be awarded $500,000 in grant funding for possible structure demolition, site construction, and a
Culture /Historic Investigation Plan related to the Duwamish Gardens site.
Application for this grant funding was originally made through King Conservation District (KCD) and the
Recreation and Conservation Office; however, KCD funding was put on hold due to an ongoing court case
regarding their property assessment. KCD in turn, asked the King County Flood Control District if they
would be able to provide grant funding for programs related to habitat and water quality. KCD agreed and
the grant funds will now be administered through the Flood Control District. There is no required City
match. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5 CONSENT AGENDA.
C. Duwamish Gardens: Supplemental Agreement No. 1
Staff is seeking Council approval of Supplemental Agreement No. 1 with J.A. Brennan Associates for an
additional detailed site assessment of impacts to cultural resources (additional excavation) at the Duwamish
Gardens site in the amount of $91,341.80.
The Army Corps of Engineers is requiring this additional assessment for -the area based on preliminary
cultural work which suggested the presence of organic material. Specifically, the supplemental agreement
will include excavation of 16 trenches that are three feet wide by six feet deep and variable lengths. The
grant funding from Item B above can be utilized to fund this additional work. UNANIMOUS
APPROVAL. FORWARD TO NOVEMBER 13 COW.
III. MISCELLANEOUS
Meeting adjourned at 5:17 p.m.
Next meeting: Tuesday, November 13, 2012 5:00 p.m. Conference Room #3
4 q Committee Chair Approval
Minuto by AAM.
"Tuesday Meeting due to Holiday
41
42
COUNCIL AGENDA SYNOPSIS
Initials
Mee tin Date Prepared b Ma yors review Couniil review
11/05/12 CO
ITEM INFORMATION'
ITEM NO.
4.E.
43
STArr SPONSOR: MAYOR HAGGERTON
ORIGINAL, AGENDA DATE: 11/5/12
AGENDA ITEM TITLE Ethics investigative findings and disposition.
CATEGORY Discussion
Mtg Date
®Motionlconsent
Mtg Date 1115112
Resolution
Mtg Date
Ordinance
Mtg Date
BidAward
Mtg Date
Public Hearing
Mtg Date
❑Other
Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S pursuant to Tukwila Municipal Code 2.95.040, the Mayor is required to place the Hearing
SUMMARY Examiner findings of ethics complaints against elected officials on the agenda of a
regularly scheduled meeting. This is for the Council's information only and requires no
council action other than acknowledgement of receipt.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: N/A COMMITTEE CHAIR: N/A
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE N/A
COST' IMP ACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MT
ATTACHMENTS
11/5/12
Findings, Conclusions and Order of the Hearing Examiner
43
p
FINDINGS, CONCLUSIONS AND ORDER OF THE HEARING EXAMINER
FOR THE CITY OF TUKWIIA
In the Matter of
KATE KRULLER
Concerning an Ethics Complaint
Hearing Examiner File:
E -12 -001
Introduction
The Mayor issued a letter on July 2, 2012, concerning an ethics complaint filed against Kate
Kndler, a Tukwila City Councilmember. Ms. Kruller filed a request for a formal hearing before
the Hearing Examiner, pursuant to TMC 2.95.040.H. The hearing was held before the
undersigned Hearing Examiner on September 18, 2012. Represented at the hearing were the
City of Tukwila, by Martha Lanz, Tacoma Assistant City Attorney; and Kate Kruller, by Peter
Jorgensen, attorney at. law. The record was held open through October 1, 2012, for receipt of
written closing statements by the parties, which were added to the record.
After due consideration of the evidence elicited during the hearing and the Examiner's inspection
of the site, the following shall constitute the findings of fact, conclusions and order of the
Hearing Examiner on this matter.
Findings of Fact
1. The Mayor of Tukwila issued a written disposition dated July 2, 2012, concerning a
complaint filed against Kate Kruller for an alleged violation of the City's Ethics Code. Ms.
Kruller is a City Councilmember.
2. The Tukwila Community Center (TCC) is owned and managed by the City. The Parks
and Recreation Department manages the use of the TCC. The Department has full-time and part-
time employees who manage and staff the facility.
3. Bob Hasegawa is a state representative for the I V h District, and is currently running for
State Senate. His daughter, Toshiko Hasegawa, is his campaign manager.
4. On Saturday, February 18, 2012, Bob and Toshiko Hasegawa and Ms. Kruller were at a
town hall meeting in the TCC. Rick Still, the Director of the Parks and Recreation Department,
was also in the building at some point during the town hall, and exchanged a brief greeting with
Ms. Kruller.
45
Findings and Order of the Hearing Examiner
E- 12-001
Page 2 of 8
5. While at the meeting, the Hasegawas decided that the TCC was a good venue for a
campaign event that they wished to put on later in the spring. Ms. Kruller wanted to help the
Hasegawa campaign, and both she and Ms. Hasegawa went to the front desk of the TCC to ask
about renting space.
6. Mr. Blanchette, a recreation attendant at the TCC, was staffing the desk at that time. Mr.
Blanchette is a part-time Department employee. Mr. Blanchette's supervisor is John Dunn, and
Mr. Dunn reports to Mr. Still. Mr. Blachette staffs the front desk, answers the phone, and has
other administrative responsibilities, but he is not authorized to make reservations for use of the
TCC or to enter reservation information into the computerized reservation system.
7. Mr. Blanchette recognized Ms. Kruller as a City. councilmember, and during the
conversation, she indicated that she was a councilmember. He told Ms. Kruller that he could not
take a reservation, and that she would need to speak with either Stacey Agmata or Lisa Lee, who
are charged with handling reservations, during business hours Monday through Friday.
8. Ms. Hasegawa told Mr. Blanchette that she had already spoken with John Dunn about the
process and told him the amount of the deposit that she believed was necessary. Mr. Blanchette
reiterated that he could not make a reservation or take a deposit, and that they needed to speak
with Stacey or Lisa.
9. Ms. Kruller wanted to secure the reservation that day. She works for a state agency in
Olympia and Seatac from Monday through Friday and is not in Tukwila during business hours.
Having seen Mr. Still earlier, she asked Mr. Blanchette if she needed to "get Rick," referring to
Mr. Still. Mr. Blanchette told her that Mr. Still would not be able to make the reservation.
10. Mr. Blanchette then called Stacey Agmata on her personal cellphone. She did not pick
up the phone, so Mr. Blanchette left a message asking her to call him back about a rental.
11. He told Ms. Kruller that he was unable to reach Ms. Agmata. Ms. Hasegawa told Mr.
Blanchette that to hold the room, they had to pay half the rental fee up front. Ms. Kruller then
wrote out a check for $300 as the reservation deposit and pushed it over to Mr. Blanchette across
the desk. Mr. Blanchette told them that he could not take the check, but ultimately decided that
"no" was not an option, given Ms. Kruller's insistence on immediately leaving money that day to
hold her reservation for the TCC. Ms. Kruller wrote a note to hold the room, and left her check.
12. Ms. Agmata later phoned Mr. Blanchette. Mr. Blanchette told her about his interaction
with Ms. Kruller. Ms. Agmata told him to put the check in a lockbox in her office. Mr.
Blanchette noted that if Ms. Kruller had been a "regular customer" and not a councilmember,
"this would not have happened."
13 The TCC rental agreement packet is shown at Ex. A. The rental rates are shown in Ex.
A -1. Under "Weekend Rates the "Resident' rate for use of the "Full Banquet Hall" is listed as
$450 for a 5 -hour time period, and $825 for a 10 -hour time period. The rate chart states that 5-
hour rentals are permitted during weekends on Friday evenings or from 8:00 a.m. to 1:00 p.m. on
RE-
Findings and Order of the Hearing Examiner
E-12 -001
Page 3 of 8
Saturday and Sunday. At all other times during the weekend, a 10 -hour muumum rental is
required. The exception to this is when TCC may negotiate shorter rental periods with interested
parties within three weeks of the event, if the hall is unrented
14. The rental rules include specific rules and regulations concerning events at which alcohol
is served; Ex. A, page 8. In order to serve alcohol during any use of the TCC, a separate
"Alcohol Beverage Request Form" must be submitted and approved by the City. A $200
"Alcohol Fee" is charged in addition to the rental fees. Rule 10 states that "Serving/consuming
alcohol without proper approval, outside the approved conditions, and/or in violation of any of
the above rules and regulations may result in a citation by Police, immediate cancellation /shut
down of event, forfeiture of Damage Deposit, and/or additional fees/penalties." When alcohol is
going to be served, the TCC's normal practice is to have additional staff on duty during the
event. In addition, the City may require organizations which plan to serve alcohol at the TCC to
obtain proof of general liability insurance in the amount of $2 million.
15. Ms. Agmata emailed Ms. Kruller about the rental request on February 21, 2012, as shown
in Ex. C. She copied Rick Still on this email. On February 21, 2012, Mr. Still sent Ms. Agmata
an email stating "Follow our policy. Let me know if there are any issues that come about this
situation."
16. Kimberly Matej is the Government Relations Manager for the City. At some point prior
to February 27, 2012, Ms. Matej spoke with Ms. Kruller about Ms. Kruller's involvement in the
Hasegawa campaign. Ms. Kruller asked about renting the TCC for use by the Hasegawa
campaign in order to receive the resident's rate. Ms. Matej discouraged Ms. Kruller from doing
this, because of her councilmember status and the appearance it might create.
17. On February 27, 2012, Ms. Agmata had not yet received a response from Ms. Kruller,
and called her to talk about the rental request, the pricing and the contract process. During their
conversation, Ms. Kruller told Ms. Agmata that she had spoken with "someone at City Hall" who
had told Ms. Kruller that she could rent the hall on behalf of a non resident. Ms. Agamata also
took from the conversation that Ms. Kruller wanted to receive the resident rate without a damage
deposit, and to rent the TCC for a 5-hour period rather than the 10 -hour minimum that would
normally be required for a Sunday afternoon.
18. Ms. Kruller denied telling Ms. Agmata that she had spoken with someone at City Hall.
She also denied having asked Ms. Agmata for a waiver of the damage deposit or having asked to
be charged for 5 hours rather than 10.
19. Ex. G shows email correspondence between Ms. Agmata and Ms. Kruller concerning the
rental. Ms. Agmata's February 27, 2012 email, copied to John Dunn, includes the statement:
"Since you have inquired with someone at City Hall that it would be ok to rent the room with
your residency status here are the fees below." The email also states that "$500 Damage deposit
would be waived.". Ms. Kruller's responsive February 28, 2012 email included a statement "Not
sure if the check I wrote is the right amount up .font. Understand the Deposit is waived. We
will follow up with the total amount asap, if that is what is required"
47
Findings and Order of the Hearing Examiner
&11-001
Page 4 of 8
20. Ms. Kruller sent Ms. Agmata the rental application, Ex. E. Next to the question "Will
Alcohol be Served?" the "No" space is checked. The application form includes an
"Authorization" clause which states the applicant agrees to be bound by the regulations and
policies governing the rental use of the TCC.
21. Ms. Agmata's February 29, 2012 email to Ms. Kruller included the contract shown in Ex.
F, and a note that the "balance of the reservation is $300[.]" The contract provides for rental of
the TCC full banquet hall and kitchen on Sunday April 22, 2012, from 12:00 p.m. to 5:00 p.m.
The listed fees are $450.00 for the banquet hall, and $150.00 for the kitchen.
22. If the 10 -hour minim rental period had been charged, the fee for the banquet room
would have been $825, and the fee for the kitchen would have been $275.
23. The contract was signed by Mr.' Hasegawa, with Ms. Kruller listed as the applicant.
Ultimately, Mr. Hasegawa reimbursed Ms. Kruller for the $300 she had paid; he also paid the
remaining $300 listed on the contract.
24. On April 22, 2012, the Hasegawa campaign held its event at the TCC. Upon arriving at
the event, Ms. Kruller saw that alcohol was being served, and was disturbed to see this.
However, after learning that the campaign had obtained a state liquor permit, and after the permit
was displayed on a wall, she did not attempt to halt the service of alcohol, or to advise City staff
that alcohol was being served.
25. Mr. Blanchette was on duty at the TCC that afternoon. The campaign did not vacate the
hall and kitchen by 5:00 p.m. Failure to vacate the premises even one minute after the
reservation hour will normally result in the renter being charged for a full additional hour, so Mr.
Blanchette did not attempt to "rush" everyone out of the room after 5:00 p.m. Eventually
someone from the event told him that they were done with the room. Mr. Blanchette entered and
saw empty wine bottles and beer cans in the trash. Mr. Blanchette reviewed the contract and saw
that no alcohol permit had been obtained, and no alcohol fee had been collected. He contacted
John Dunn the next week to tell him that alcohol had been served at the event without the normal
fees and approvals.
26. On May 8 2012, Mr. Dunn sent an email to Mr. Still, stating that staff had been
pressured concerning the rental, the 10 -hour minimum rental period, and deposit waiver. Mr.
Dunn also noted that the group had served alcohol without prior notice to the City and without
paying the fee.. Mr. Dunn calculated that, had the rental occurred according to TCC policies, "we
would have collected another $575 ($375 rental $200 alcohol fee). With the councils [sic]
directive for 100 costs recovery in facility rentals, we need to have all parties following policy
and paying the proper amount in the future." Ex. K.
27. A complaint against Ms. Kruller (which is not in the record) was filed by TCC staff on
May 15, 2012; see Ex. L and Ex. N, page 1. The City retained an investigator, attorney Edward
Lindstrom, who produced the report shown at Ex. N. The report cited TMC 295.030(1),
Findings and Order of the Hearing Examiner
E -12 -001
Page 5 of 8
General Prohibition Against Conflicts of Interest, and TMC 2.95.030(8), Improper Use of
Position Prohibited. Ex. N, page 2.
28, Mayor Jim Haggerton issued a letter dated July 2, 2012, after considering the
investigator's report. Ex. L. The letter sustained the complaint.
29. TMC 295.030(l) states:
General Prohibition Against Conflicts of Interest. In order to avoid becoming
involved or implicated in a conflict of interest or impropriety, or an appearance
of a conflict of interest or impropriety, no current City ofter or employee should
be involved in any activity that might be seen as conflicting with the conduct of
official City business or as adverse to the interests of the City. Even the
appearance of the conduct prohibited in TMC 2.95.030 alone may be sufficient to
constitute a violation of this Code of Ethics
30. TMC 2.95.030(8) states:
Improper Use of Position Prohibited No city officer or employee shall knowingly
use his/her office or position to secure personal benefit, gain or profit, or use
his/her position to secure special privileges or exceptions for him/herself, or for
the benefit, gain or profit of any other persons. This provision shall not preclude
an employee from exercising rights protected by the Public Employees Collective
Bargaining Act, including the right to negotiate ,agreements that address the
wages, hours, and working conditions of employees of the City.
Conclusions
1. The Hearing Examiner has jurisdiction over this matter pursuant to TMC 2.95.040.H.
Under TMC 2.95.040.I, the decision is to be based on the preponderance of the evidence.
2. The decision appealed is the Mayor's determination that Ms. Kruller violated the Code of
Ethics. Although the Mayor's determination did not specify which sections of the Code were
violated, the determination referred to the investigation, which cited TMC 2.95.030(1) and TMC
2.95.030(8).
3. Under TMC 2.95.030(1), "even the appearance of the conduct prohibited in TMC
2.95.030" may be sufficient to constitute a violation of the Code of Ethics. Thus, although TMC
2.95.030(8) refers to an officer "knowingly" using his or her office to secure personal benefit or
special privileges, under TMC 2.95.030(1), conduct that might reasonably be seen as violating
the Code, is itself a violation. In this appeal, the issue is whether Ms. Kruller's conduct violated
the Code, or could reasonably be seen as violating the Code.
4. Ms. Kruller's initial contact with Mr. Blanchette had the appearance of asking for favored
treatment because of her status. Ms. Kruller identified herself at least in passing as a.
Findings and Order of the Hearing Examiner
E- 12-001
Page 6 of 8
councilmember and insisted that Mr. Blanchette take her check to. reserve the hall, even after he
repeatedly told her that he was not authorized to make reservations or to accept money. Her
behavior, together with her statement asking whether she needed to "get Rick," the head of Mr.
Blanchette's department, could reasonably be seen as an attempt to use her position to bully Mr.
Blanchette and to override the TCC's policies concerning reservations, even if Ms. Kruller did
not intend to create this impression.
5. Ms. Kruller also advised Ms. Agmata that she had spoken with "someone at City Hall"
about granting her the resident rate. The evidence does not show that Ms. Kruller asked for or
implied that she should also be given a waiver of either the damage deposit or the minimum
weekend hourly charges. Ms. Kraller's responsive Febniaiy 28 email states that "Understand the
Deposit is waived" but this statement was made after Ms. Agmata had already indicated that the
deposit was waived. On its face, the Kruller email appears to confirm Ms. Kruller's
understanding of Ms. Agmata's email message regarding the damage deposit. Ms. Kruller's
email lacks any reference at all to the minimum hourly charges.
6. Instead, Ms. Agmata felt that she was being asked to deviate from these policies based on
Ms. Kruller's reference to "someone at City Hall;" she also recalled Mr. Blanchette's report of
his interaction with Ms. Kruller. Ms. Agmata's testimony was credible as to what she thought
Ms. Kruller wanted, but the evidence does not show that Ms. Kruller's conduct implied that she
wanted relief from the damage deposit or minimum hour rental, although she did in fact receive
such relief. While her "someone at City Hall" comment could be viewed as inappropriate or
overbearing, it was made in the content of her request for the resident rate, and it appears that the
City allows this practice.
7. Ms. Kruller's application stated that alcohol would not be served. Ms. Kruller did not
know prior to the event that alcohol would in fact be served, but she was responsible for ensuring
that her representations to the City about the event were accurate. The rental packet and contract
highlighted the importance of disclosing to the City whether alcohol would be served. Service of
alcohol requires additional review and requirements (e.g., the City may require proof of adequate
liability insurance) before an event may be approved, in order to fully protect the City's interests.
After learning that alcohol was being served, Ms. Kruller did not advise City staff or to take
other steps to halt the service of alcohol at the event. Her inaccurate representation concerning
alcohol service and her failure to take steps to stop it after she was aware of it, could reasonably
appear as conduct adverse to the interests of the City.
8. Thus, Ms. Kruller's interactions with Mr. Blanchette could reasonably be perceived as an
attempt to use her position as a councilmember to gain advantageous treatment, even. though Ms.
Kruller did not intend to do so. Her lack of attention to the TCC rental rules and her failure to
adhere to them, could reasonably lead to an appearance that she was using the TCC in a way that
was adverse to the City's interests. Finally, her status as a councihnember resulted in her
receiving favorable rental rates, terms which would not be granted to others. All of these violate
the City's Code of Ethics.
50
Findings and Order of the Hearing Examiner
E -12-001
Page 7 of 8
9. The Mayor's determination called for no discipline, only a reminder that Ms. Kruller
needed to "be aware of how your position as a City Councilmember can be perceived when
interacting with City staff for private matters." No error was shown as to the Mayor's
determination to issue this statement rather than impose discipline.
10. The Mayor's determination also required Ms. Kruller to make restitution to the City in
the amount of $1000 for the deposit and charges that should have been paid: $1100 in fees for
the minimum 10 -hour rental period for a Sunday afternoon, and the forfeiture of the $500 deposit
(that should have been collected for the event) for violation of the alcohol rules, less the $600
that was actually paid to the City.
11. Ms. Kruller's closing statement argues that she should not have to pay restitution, except
the $200 alcohol event fee, since the $600 rental fee listed in the City's contract has been paid.
Ms. Kruller did not ask for the damage deposit to be waived or for relief from the minimum hour
rental, but she nevertheless was excused from those charges solely because of her status as a
councilmember. To allow her to retain this benefit would violate the Code of Ethics. Failure to
pay the separate alcohol fee and to obtain approval for the service of alcohol, also normally
triggers forfeiture of the damage deposit, so the inclusion of $500 for a forfeited damage deposit
is appropriate. Restitution in the amount of $1000 should be required
12. While not identified in the Mayor's determination, training in the City's Code of Ethics
might be useful for all elected officials to help them avoid engaging in prohibited conduct or
appearing to engage in such conduct. This is particularly important given that the record
indicates some City employees are reluctant to refuse actual or perceived requests by City
officials for special privileges or exceptions, because the employees are concerned about risks to
their jobs.
13. Attorney fees. In Ier closing statement, Ms. Kruller asked for attorney fees, but cites no
Code or other authority for an award of fees to her. In any event, the Mayor's determination is
being upheld, so Ms. Kruller would not be the prevailing. party, even if the Hearing Examiner
had such authority.
Decision and Order
The complaint is sustained and the Mayor's Determination dated July 2, 2012, is affirmed.
Entered this 16 day of October, 2012.
a t= P44
Anne Watanabe
Tukwila Hearing Examiner
51
Findings and Order of the Hearing Exhn lner
&12 -001
Page 8 of 8
Concerning Further Review
NOTE: It is the responsibility of the person seeking to appeal a Hearing Examiner
decision to consult Code sections and other appropriate sources, to determine applicable
rights and responsibilities. TMC 2.95.060 provides for review of orders that are issued
pursuant to the Code of Ethics.
Exhibits
The following Exhibits were entered into the record:
A. Tukwila Community Center (TCC) Rental Information Packet
A -1 TCC Rental Fees
B. Handwritten note from Kate Kruller dated. 2118/12
C. Emails dated 2/21/12 between Still, Agmata and Dunn
D. Emails dated 2/27/12 between Still and Matej
D-1 Emails dated 2/27,2/28 and 2/29 between Agmata and Kruller
D -2 Email dated 2/27/2012 from Kruller to Agmata
E. TCC Reservation Application 2/28112
F. Versions of rental contract 8623
G. Emails dated 2/27/12 between Agmata, Kruller and Dunn
H. Rental group check -out list
1. Withdrawn (duplicate of Ex. K)
J. Email dated 5/10/12 between Matej and Kerslake (forwarded message)
K. Email from Dunn dated 5/8/12 to Still and Johnson
L. July 2, 2012 letter from Haggerton to Kruller
M. TMC Chapter 2.95 and City of Tacoma Code of Ethics
N. June 26, 2012 letter from Lindstrom to Haggerton
O. Email dated 9n112 from Kruller to Jorgensen with photos
P. Voided record of Kruller check 4030 for deposit
Q. Record of Kruller check 4031 to TCC marked Deposit
Witnesses
The following witnesses offered testimony:
Kate Kruller, Appellant
Toshiko Hasegawa
Bob Hasegawa
Bruce Stotler
Daniel Blanchette
Stacey Agmata
John Dunn
Kimberly Matej
Rick Still
52
COUNCIL AGENDA SYNOPSIS
nitials
Meeting Date Prepared b Mayor's review CpuHdl review
11/05/12 BG
A, Atc—
ITEM INFORMATION
ITEM NO.
5.A.
6.A.
53
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 11/05/12
AGENDA ITEM TITLE An ordinance approving a street vacation amendment regarding old Southcenter
Parkway right -of -way
CATEGORY Discussion
Mt g Date 10/01/12
Motion
Mtg Date
Resolution
Mtg Date 10101112
Ordinance
Mt Date 11/5/12
Bid Award
Mtg Date
Public Hearing
Mtg Date 11 /5 /IZ
Other
Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&'R Police PW
SPONSOR'S The Council is being asked to consider an ordinance approving an amendment to the street
SUMMARY vacation Ordinance Number 2240, that vacated the old Southcenter Parkway right -of -way.
This amendment will leave a portion of the southernmost old Southcenter Parkway right
of -way to provide direct access to several parcels that were not addressed in the original
ordinance.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
10/1/12
Council adopted Resolution #1775, setting a public hearing date for 11/5/12
MTG. DATE
ATTACHMENTS
11/05/12
Informational Memorandum dated November 2, 2012
Ordinance, with attachments
Ordinance Nos. 2233, 2239, 2240
53
54
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
City Council
FROM: Bob Giberson, Public Works Director
DATE: November 2, 2012
SUBJECT: Tukwila South Development
Street Vacation Amendment Old Southcenter Parkway
Ordinance
ISSUE
Approve an Ordinance amending the original street vacation and hold a public hearing on
November 5, 2012 to consider this item.
BACKGROUND
The Tukwila South Development Agreement (see section 4.11 of Ordinance No. 2233) set the
stage for the vacation of the old Southcenter Parkway and Frager Road right -of -way.
Ordinances Number 2239 Frager Road) and 2240 (Southcenter Parkway) provided authority
and details for these two street vacations. Resolution No. 1775 was approved on October 1,
2012 setting a public hearing date of November 5, 2012 for this proposed street vacation
amendment.
DISCUSSION
Ordinance Number 2240 inadvertently failed to address replacement access for two parcels
located along Southcenter Parkway right -of -way. In order to address the access needs of these
two parcels, the City desires to amend Ordinance 2240 to provide replacement access to these
parcels. The draft ordinance to amend the street vacation is attached.
RECOMMENDATION
Council is being asked to hold a public hearing and approve the Ordinance that will amend the
street vacation on November 5, 2012 and consider this item the same night at the November 5,
Regular Meeting.
Attachments: Final Ordinance, with attached legal description, map, and Southcenter Parkway Extension drawing
Ordinance Nos. 2233, 2239, 2240
C: ItemplContent .Outook1TD8KICPZ1Tuk South- Sctr Pkway St vacation Amendment -Ordinance .doc
55
56
City of 'Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2240
RELATING TO VACATING PORTIONS OF THE EXISTING
SOUTHCENTER PARKWAY RIGHT -OF -WAY FROM APPROXI-
MATELY SOUTH 180th STREET TO EXISTING CITY LIMITS (AT
THE TIME OF ORIGINAL STREET VACATION ORDINANCE NO.
2240) BY REPLACING EXHIBITS A AND B AND AMENDING
SECTION 4 TO PROVIDE FOR REPLACEMENT ACCESS TO
TWO PARCELS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 8, 2009, the City Council of the City of Tukwila passed
Ordinance No. 2240, vacating portions of the existing Southcenter Parkway right -of -way
for the Tukwila South Project; and
WHEREAS, Ordinance No. 2240 inadvertently failed to address replacement
access for two parcels located along the Southcenter Parkway right -of -way; and
WHEREAS, in order to address the access needs of these two parcels, the City
desires to amend Ordinance No. 2240 to provide for replacement access to these two
parcels; and
WHEREAS, on November 5, 2012, following required public notification, the City
Council conducted a public hearing on the matter, and at the conclusion of such hearing
determined that the aforementioned right -of -way should be vacated;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Exhibits A and B to Ordinance No. 2240 Replaced. Ordinance No.
2240 is hereby amended by deleting in its entirety Exhibits A and B attached to
Ordinance No. 2240 and replacing them with Exhibits A and B attached hereto.
W: Word Processing \Ordinances \SC Pkwy street vacation -amend Ord 2240 10 -26 -12
RT:bjs Page 1 of 2
57
Section 2. Section 4 of Ordinance No. 2240 Amended. Section 4 of Ordinance
No. 2240 is hereby amended to add the following condition precedent:
i
3. La Pianta, LLC shall grant a perpetual easement to the M &P Company and
GWI, Inc. for access to and from King County tax ID parcel numbers 3523049082,
3523049081, and 353049014 over and across the "B- Line," as described on Exhibit C
(Southcenter Parkway Extension project drawing number HZ01) attached hereto.
Section 3. 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 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
Jim Haggerton, Mayor
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A Legal Description
Exhibit B Map
Exhibit C Southcenter Parkway Extension project drawing
number HZ01 (3 of 257) as designed by
David Evans and Associates, Inc., dated 02/10
W: Word Processing \Ordinances \SC Pkwy street vacation -amend Ord 2240 10 -26 -12
RT: bjs
Page 2 of 2
Exhibit A
SOUTHCENTER PARKWAY
STREET VACATION AMENDMENT
EXCEPT THAT PORTION OF PARCEL 1, AS DESCRIBED IN THE CITY ORDINANCE NUMBER 2240, LYING
BETWEEN LINES 1 AND 2, MORE PARTICULAR DESCRIBED AS FOLLOWS:
LINE 1
BEGINNING AT THE NORTHWEST CORNER OF CORRECTION QUIT CLAIM DEED AS RECORDED UNDER
RECORDING NUMBER 20060823000383, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS;
THAT PORTION OF GOVERNMENT LOT 6, SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST,
W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF ANNA MESS COUNTY ROAD
(SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) AND SOUTHWESTERLY OF A LINE,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY MARGIN OF SAID ANNA MESS COUNTY ROAD
(SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH), WHICH POINT IS MARKED BY AN
IRON PIPE AND FROM WHICH POINT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6
BEARS SOUTH 00 °58'10" WEST 313.17 FEET SOUTH AND NORTH 89 °01'50" WEST 505.54 FEET,
SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE
SOUTH BOUNDARY LINE OF SAID GOVERNMENT LOT; THENCE SOUTH 67 °36'00" EAST 380.45
FEET TO AN IRON PIPE; THENCE CONTINUING SOUTH 67 °36'00" EAST 50 FEET, MORE OR LESS,
TO THE BANK OF GREEN RIVER.
THENCE NORTHWESTERLY, AT RIGHT ANGLES TO THE EASTERLY MARGIN OF SAID SOUTHCENTER
PARKWAY (FORMERLY 57TH AVENUE SOUTH), TO THE WESTERLY MARGIN OF SAID SOUTHCENTER
PARKWAY AND THE TERMINUS OF SAID LINE 1.
LINE 2
THE EASTERLY MARGIN OF NEW ESTABLISHED SOUTHCENTER PARKWAY IN YEAR 2012.
um
w
M-81
Exhibit B
c
4
i
r
i
a:
1
r
r'i'
'J
�N
N. T. S.
I, M-1
n
�w
LINE 1
3$23049115
3523049014
A; PROPOSED MONUMENT
PROPOS w....
6
3523049082
LINE 2— EASTERLY
MARGIN OF NEW
SOUTHCENTER
PARKWAY ESTABLISHED
IN 2012
STREET VACATION AMENDMENT
PORTIONS OF THE SW1 OF SECTION 35,
TOWNSHIP 23 NORTH, RANGE. 4 EAST, W.M.,
CITY OF TUKWILA, KING COUNTY, WASHINGTON
r--1 k 2 of 2
AVID EVAN
ANDASSO rwc.
418 -115th Avenue SE
qm Bellevue Washington 88005.3 ,1e
Phone: 425.519.9500
61
62
u
A
P_
X
I RKW P t I
6TA: 62+00 I S U S +O� t +l::t "i= �••"..g Yia y' i
N 187006J6
Bt r1tl 34 Y
I h dt:a� fig
I!•
i
f I
CURVE TAB
i -11:
is
8 2='2TW 3
C-LINE
y C7 I'
ca
7� "p3y
L N�A
3
A- 9CP 31A:14N50nn•
Q C -Ur: WA:1 DO
I
IC'
_P �I3E, VV C�.I2.K 5 D�.P' T.
-ENGINEERING -STREETS -WATER -SEWER -PARKS -BUILDING
7 1 d 'n/
Oy
Oate
DAVID EVANS
NO
AA330C1AT ES INC.
415. 1181h A SE
Bellevue kWOShl gl10 980053518
Ph—, 425,519.6500
p O S 9 Y
I
N FQ
j
.11
CA yea
D
8 2='2TW 3
C-LINE
y C7 I'
ca
7� "p3y
L N�A
3
A- 9CP 31A:14N50nn•
Q C -Ur: WA:1 DO
I
IC'
_P �I3E, VV C�.I2.K 5 D�.P' T.
-ENGINEERING -STREETS -WATER -SEWER -PARKS -BUILDING
7 1 d 'n/
Oy
Oate
DAVID EVANS
NO
AA330C1AT ES INC.
415. 1181h A SE
Bellevue kWOShl gl10 980053518
Ph—, 425,519.6500
FEDERAL AID PROJECT NO. STPUL -1W 1(003)
EXTENSION
j
.11
CA yea
D
i_
Mm
as
Clio sec
Pro: 6.
aes
ovla
num
H ORIZONTAL CONTROL PLAN
$�o�,
PN. CF
FW Bk'I
No.
8 2='2TW 3
C-LINE
y C7 I'
ca
7� "p3y
L N�A
3
A- 9CP 31A:14N50nn•
Q C -Ur: WA:1 DO
I
IC'
_P �I3E, VV C�.I2.K 5 D�.P' T.
-ENGINEERING -STREETS -WATER -SEWER -PARKS -BUILDING
7 1 d 'n/
Oy
Oate
DAVID EVANS
NO
AA330C1AT ES INC.
415. 1181h A SE
Bellevue kWOShl gl10 980053518
Ph—, 425,519.6500
FEDERAL AID PROJECT NO. STPUL -1W 1(003)
EXTENSION
j
.11
CA yea
D
i_
Mm
as
Clio sec
Pro: 6.
aes
ovla
num
H ORIZONTAL CONTROL PLAN
$�o�,
PN. CF
FW Bk'I
No.
t l"
C, Mae
p
LL
\y o LL
f w
LLJ
J
O m rya
BBnlob E I m
Z r q 17 r w Lu
9CP BTA: 70510000
_A_
T I_
NO E S:
1 HORIZONTAL DATUM' WASHINCTON STATE PLANE NAD 83 (2007)
NORTH ZONE
2, YkH1(G91.._pAj I& PROJECT DATUM
PROJECT DATUM m NAVD '80 MINUS 3,34 (,I-N CVD '29)
SITE BENCHMARK ELEVATIONS DETERMINED FROM FAST- STATIC CPS
OBSERVATIONS UTII.I7.ING WSOOT CONTROL POINTS HC717 -7, HC17 -11,
GP17167 -92, A140 GP17107 -93.
1, 2OY BfA 190+1 -531-
200TH BT. BFA:
STA: =40M
E12
P 13(
,0\3 l S O
OP
HOY i r co
�A
1T5' co
�BCP STA: na+d0.00- 8 WSa'ID' W
Y 4
x CALL 48 HOUI?5 7
7 1 d 'n/
M
�S
o cal
196'
City of Tukwila
Washington
Ordinance No. -4 1 1 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING BY REFERENCE A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC
FOR THE TUKWILA SOUTH DEVELOPMENT, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real
property, and La Pianta LLC owns or controls approximately 503 of those acres, which is
known as the "Tukwila South Property," generally located between the boundaries of
South 178th Street /South 180th Street on the north; South 204th Street on the south; Orillia
Road and Interstate 5 on the west, and the Green River on the east; and
WHEREAS, the Tukwila South Property is located within an Urban Growth Area and
is appropriate for urban development pursuant to the Growth Management Act and the
City's adopted Comprehensive Plan; and
WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with
the Tukwila South Master Plan, which envisions the creation of a major new employment
and housing base on the Tukwila South Property; and
WHEREAS, the City Council accordingly desires to enter into a Development
Agreement with La Pianta LLC for the Tukwila South development; and
WHEREAS, a public hearing was held for this Development Agreement on May 18,
2009;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Development Agreement Adopted. The City of Tukwila hereby adopts the
"Development Agreement by and between the City of Tukwila and La Pianta LLC, for the
Tukwila South Development," a copy of which is attached hereto as "Exhibit A" and by this
reference fully incorporated herein.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Special Meeting thereof this rfi day of 2009.
ATTEST/ AUTHENTICATED:
C Haggert ayor
Christy O'Fla erty, CMC, City CVrk
Filed with the City Clerk: l
APPROVED AS TO BY: Passed b the C Council:
Y ty
Published:
Effective Date:
Office of the Ci or ey Ordinance Number:
Attachment: Exhibit A Development Agreement
W. Word Processing\ Ordinances \Tukwila South Development Agreement.doc
I.V:ksn 06/05/2009 Page 1 of 1
r
M
o; .2 1,
o"
in' 2N�
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING PORTIONS OF THE EXISTING FRAGER
ROAD RIGHT -OF -WAY FROM APPROXIMATELY EXISTING CITY
LIMITS, AS OF THE DATE OF ORDINANCE ADOPTION, TO SOUTH
200TH STREET, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real
property, and La Pianta LLC owns or controls approximately 503 of those acres, which
is known as the "Tukwila South Property," generally located between the boundaries of
South 178th Street /South 180 Street on the north; South 204 Street on the south;
Orillia Road and Interstate 5 on the west; and the Green River on the east; and
WHEREAS, the Tukwila South Property is located within an Urban Growth Area
and is appropriate for urban development pursuant to the Growth Management Act,
and the City's adopted Comprehensive Plan; and
WHEREAS, La Pianta intends to develop the Tukwila South Project consistent with
the Tukwila South Master Plan, which envisions the creation of a major new
employment and housing base on the Tukwila South Property; and
WHEREAS, the City Council accordingly entered into a Development Agreement
with La Pianta LLC for the Tukwila South Project by adopting Ordinance No. 2 233
and
WHEREAS, the Development Agreement calls for an extension of Southcenter
Parkway in a new alignment to function as the major transportation arterial through the
site; and
WHEREAS, on June 1, 2009, following required public notification, the City
Council conducted a public hearing on the matter and at the conclusion of such hearing
determined the aforementioned right -of -way should be vacated;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Conclusions. The City Council makes the following
findings and conclusions:
Upon completion of the extension of Southcenter Parkway in a new alignment
along the west edge of the valley floor as described in the Development Agreement,
portions of Frager Road from approximately existing City limits as of the adoption of
this ordinance to South 200th Street will not be needed for right -of -way and public
vehicular travel as part of the City's street system and there is no remaining public use
or benefit to these portions of Southcenter Parkway following the dedication of the
right -of -way necessary for the new Southcenter Parkway alignment.
Section 2. Street Vacated. After making the above findings regarding the proposed
street vacation, the City Council finds that the easement for public vehicular travel on
WAWord Processing \OrdunanceMukwlla South Frager Road Street Vacatton.doc
SV ksn 0512812009 Page I of 2
M
Frager Road from approximately existing City limits, as of the date of ordinance
adoption, to South 200th Street, as the right -of -way is more particularly described in
Exhibit A, and depicted on the map attached as Exhibit B, shall be vacated upon the
conditions set forth herein.
i
Section 3. Consideration. The consideration for this vacation is La Pianta LLC's
obligations to the City in the Development Agreement.
Section 4. Conditions Precedent. The following conditions shall be met prior to
vacation of portions of Frager Road right -of -way:
1. La Pianta LLC shall dedicate all right -of -way necessary for the realignment and
construction of relocated Southcenter Parkway along the east edge of the valley as
described in the Tukwila South Project Development Agreement adopted by City
Council by Ordinance No. 2233
2. The construction of the relocated Southcenter Parkway in the new alignment
shall be complete as described in the Tukwila South Project Development Agreement
adopted by the City Council by Ordinance No. 22-4-1
3. La Pianta LLC has delivered to escrow the deed for the donation of land for the
Fire Station as described in the Tukwila South Project Development Agreement adopted
by the City Council by Ordinance No. 2233
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. If La Pianta, LLC provides proof of compliance with all
conditions precedent to this vacation, the street vacation shall be effective. Otherwise,
this street vacation shall be null and void. After receipt of such proof, the City Clerk is
hereby directed to record a copy of this ordinance. This ordinance or a summary thereof
shall be published in the official newspaper of the City, and shall take effect and be in
full force five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Special Meeting thereof this Y' }i day of =wv' L 2009.
ATTEST/ AUTHENTICATED:
aAIC'& "2 T
Christy O'Fla rty, CMC, City Clerk
APPROVED AS FO M BY:
the ey
Attachment: Ex bit A -Legal Description
Exhibit B Map
UP
JirryL�aggertzVor
r
Filed with the City Clerk:_ L
Passed by the City Council: -C�
Published:
Effective Date:
Ordinance Nu mber:
WAWord Processing \Ordinances \Tukwila South Frager Road Street Vacation.doc
SV.ksn 06 105/2009
Page 2 of 2
EXHIBIT A
VACATED PORTION OF FRAGER ROAD
That portion of Frager Road (also appearing of record as Southcenter Parkway
and also appearing of record as 57 Avenue South) located in King County, Washington
and lying between the two following described lines A and B:
LINE A:
The southerly city limits of the City of Tukwila as said city limits cross Frager Road.
LINE B:
The north right -of -way line of South 200 Street in King County, Washington, at its
point of intersection with said Frager Road.
W: \Word Process ing\Ord inances\Tukwila South Frager Road Street Vac Exhibit A.doc
LV:ksn 05/21/2009 Page I of 1
M
W
TUKTMiA BOVTYI PROJECT
TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT Exhibit B
FRAGER ROAD RIGFI T OF WAY VACATION
TUKWM -A. KNO COUNTY, WA9NWOTON.
71
Q�
Q
Fi
PA CE
U�
�0
'A'
LINE
CITY LIMIT LINE
o �P
Q
Q P
P
�L
Q f
GREEN RIVER
y 0 Q
W
�lQ
LI
E 'B'
SC UTH 200th STREET
NOT TO OCALB
TUKTMiA BOVTYI PROJECT
TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT Exhibit B
FRAGER ROAD RIGFI T OF WAY VACATION
TUKWM -A. KNO COUNTY, WA9NWOTON.
71
72
ILA,
l �t Y 3 A tl /IL
O
City of Tukwila
Washington
Ordinance No.
:,)L) C1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING PORTIONS OF THE EXISTING
SOUTHCENTER PARKWAY RIGHT- OF-WAY FROM APPROXIMATELY
SOUTH 180th STREET TO EXISTING CITY LIMITS, AS OF THE DATE OF
ORDINANCE ADOPTION, FOR THE TUKWILA SOUTH PROJECT;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real
property, and La Pianta LLC owns or controls approximately 503 of those acres, which
is known as the "Tukwila South Property" generally located between the boundaries of
South 178w Street /South 180th Street on the north; South 204 Street on the south;
Orillia Road and Interstate 5 on the west; and the Green River on the east; and
WHEREAS, the Tukwila South Property is located within an Urban Growth Area
and is appropriate for urban development pursuant to the Growth Management Act,
and the City's adopted Comprehensive Plan; and
WHEREAS, La Pianta intends to develop the Tukwila South Project consistent with
the Tukwila South Master Plan, which envisions the creation of a major new
employment and housing base on the Tukwila South Property; and
WHEREAS, the City Council accordingly entered into a Development Agreement
with La Pianta LLC for the Tukwila South Project by adopting Ordinance No. 2233
and
WHEREAS, the Development Agreement calls for an extension of Southcenter
Parkway in a new alignment to function as the major transportation arterial through the
site; and
WHEREAS, on June 1, 2009, following required public notification, the City
Council conducted a public hearing on the matter, and at the conclusion of such hearing
determined that the aforementioned right -of -way should be vacated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Conclusions. The City Council makes the following
findings and conclusions:
Upon completion of the extension of Southcenter Parkway in a new alignment
along the west edge of the valley floor as described in the Development Agreement,
portions of Southcenter Parkway from approximately South 180th Street to the existing
City limits will not be needed for right -of -way and public vehicular travel as part of the
City's street system and there is no remaining public use or benefit to these portions of
Southcenter Parkway following the dedication of the right -of -way necessary for the
new Southcenter Parkway alignment.
WAWord Processing \Ordinanceffukwila South Southcenter Parkway Street Vacation.doc
LV:ksn 05/28/2009 Page I of 2
73
Section 2. Street Vacated. After making the above findings regarding the proposed
street vacation, the City Council finds that the easement for public vehicular travel on
Southcenter Parkway from approximately South 180 Street to the existing City limits,
as the right -of -way is more particularly described in Exhibit A, and depicted on the map
attached as Exhibit B, shall be vacated upon the conditions set forth herein.
Section 3. Consideration. The consideration for this vacation is La Pianta LLC's
obligations to the City in the Development Agreement.
Section 4. Conditions Precedent. The following conditions shall be met prior to
vacation of portions of Southcenter Parkway right -of -way:
1. La Pianta LLC shall dedicate all right -of -way necessary for the realignment and
construction of relocated Southcenter Parkway along the east edge of the valley as
described in the Tukwila South Project Development Agreement adopted by City
Council by Ordinance No. 2233
2. The construction of the relocated Southcenter Parkway in the new alignment
shall be complete as described in the Tukwila South Project Development Agreement
adopted by the City Council by Ordinance No. 2233
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. If La Pianta, LLC provides proof of compliance with all
conditions precedent to this vacation, the street vacation shall be effective. Otherwise,
this street vacation shall be null and void. After receipt of such proof, the City Clerk is
hereby directed to record a copy of this ordinance. This ordinance or a summary thereof
shall be published in the official newspaper of the City, and shall take effect and be in
full force five days after passage and publication as provided by law.
PASSED BY THE CITY COUN IL OF THE CITY OF TUKWILA, WASHINGTON,
at a Special Meeting thereof this 7N day of 2009.
H agge&
Hagger ayor
Filed with the City Clerk: 1 y
APPROVED AS ORM Y: Passed by the City Council: Y -C'
Published:
Effective Date:
Offic ity rney Ordinance Nu mber: �C
Attachment: xhibit A Legal Description
Exhibit B Map
ATTEST/ AUTHENTICATED:
C� Christy O'Flahe CMC, City Clerk
W: \Word Processing \Ordinaneeffukwila South Southcenter Parkway Street Vacation.doe
LV:ksn 06/05/2009 Page 2 of 2
74
EXHIBIT A
VACATED PORTION OF SOUTHCENTER PARKWAY
Parcel 1: That portion of Southcenter Parkway (also appearing of record as Frager Road and
also appearing of record as 57 Avenue South) located in King County, Washington and lying
between the two following described lines A and B:
LINE A: Beginning at the northwest corner of the southwest 1 14 of the northeast' /4 of section 35,
township 23 north, range 4 east, W.M.;
Thence south 88 °54'46" east along the north line of said subdivision, 449.30 feet;
Thence south 01'05'14" west 36.0 feet to the southerly margin of south 180 street;
Thence continuing south 01'05'14" west 365.78 feet;
Thence north 88 °54'46" west 424.89 feet;
Thence south 86 °58'00" west 103.76 feet;
Thence south 58 °20'50" west 74.23 feet to the easterly margin of said Southcenter
Parkway and the true point of beginning;
Thence proceeding northwesterly, at right angles to said easterly margin of said Southcenter
Parkway, to the westerly margin of said Southcenter Parkway and
the terminus of Line A.
LINE B: The southerly city limits of the City of Tukwila as said city limits cross said
Southcenter Parkway.
Parcel 2: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED
AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE
NORTH 87 0 50'57" WEST, 243.15 FEET; THENCE NORTH 02 °09'03" EAST 248.09 FEET TO
THE TRUE P01NT OF BEGINNING; THENCE NORTH 78 0 00'27" EAST 38.15 FEET TO
THE WESTERLY MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED
RECORDED UNDER KING COUNTY RECORDING NO. 6343848; THENCE SOUTH
11 °59'33" EAST 164.65 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT,
HAVING A RADIUS OF 537.14 FEET, THROUGH A CENTRAL ANGLE OF 00 °08'00 AN
ARC DISTANCE OF 1.25 FEET; THENCE NORTH 24 0 56'33" WEST 170.23 FEET TO THE
TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE EAST HALF
OF P. J. MUSIEL ROAD ABUTTING THE WEST LINE OF THE PROPERTY ABOVE
DESCRIBED, AND BOUNDED ON THE WEST BY THAT PORTION VACATED UNDER
CITY OF TUKWILA VACATION ORDINANCE NO. 626, ON THE SOUTH BY THE
NORTH MARGIN OF THE NEW ALIGNMENT OF P. J. MUSIEL COUNTY ROAD AND
ITS EXTENSION EASTERLY AND NORTHERLY (ALONG THE 50 FOOT RADIUS
CURVE) TO THE INTERSECTION WITH THE WEST MARGIN OF SOUTH CENTER
PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY
RECORDING NO. 6343848, AND ON THE NORTH BY THE SOUTHWESTERLY
EXTENSION OF THE NORTH LINE OF THE PROPERTY DESCRIBED ABOVE; SITUATE
IN THE COUNTY OF KING, STATE OF WASHINGTON.
W: \Word Processing \Ordinances \Tukwila South Southcenter Parkway Street Vac Exhibit A.doc
LV:ksn 05/28/2009 Pagel of 1
75
W
�LA
TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT Exhibit B
SOUTHCENTER PARKWAY RlGhiT OF WAY VACATION
7iMWiA, WNQ C Nu WASHNOMM
77
W."
COUNCIL AGENDA SYNOPSIS
Initials
Meehn g Date Prepared b Ma or's review Coun}zl review
11/05/12 BG
ITEM INFORMATION
ITEM NO.
M
79
STAFF SPONSOR BOB GIBERSON
ORIGINAL AGENDA DATE: 11/05/12
AGENDA ITEMTITI.E An ordinance approving a street vacation amendment regarding the old Frager Road
right -of -way.
CATEGORY Discussion
Mtg Date 1018112
Motion
Mtg Date
Resolution
Mtg Date 10108112
Ordinance
Mtg Date 1119112
Bid Award
Mtg Date
Public Hearing
Mtg Date 1119112
Other
Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW
SPONSOR'S The Council is being asked to consider an ordinance approving the amendment to the
SUMMARY street vacation Ordinance Number 2239, that vacated the old Frager Road right -of -way.
This amendment clarifies the boundary line between South 200 Street right -of -way and
the to -be- vacated Frager Road right -of -way. King County had comingled these rights -of-
way, thus requiring this cleanup action.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
COMMITTEE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
10/8/12
Council adopted Resolution #1776, setting a public hearing date for 11/5/12
MTG. DATE
ATTACHMENTS
11/05/12
Informational Memorandum dated November 2, 2012
Ordinance, with attachments
79
M- 8
City of Tukwila_
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
City Council
FROM: Bob Giberson, Public Works Director
DATE: November 2, 2012
SUBJECT: Tukwila South Development
Street Vacation Amendment Frager Road
Ordinance
ISSUE
Hold a public hearing and approve an Ordinance amending the original street vacation
ordinance for the old Frager Road.
BACKGROUND
The Tukwila South Development Agreement (see section 4.11 of Ordinance No. 2233) set the
stage for the vacation of the old Southcenter Parkway and Frager Road right -of -way.
Ordinances Number 2239 (Frager Road) and 2240 (Southcenter Parkway) provided authority
and details for these two street vacations. Resolution No. 1776 was approved on October 8,
2012 setting a public hearing date of November 5, 2012 for this proposed street vacation
amendment.
DISCUSSION
Ordinance Number 2239 inadvertently failed to address that the north line of the S 200 Street
right -of -way was never officially established. The City desires to amend Ordinance 2239 to
provide an official legal description of the north line of S 200 Street and. The draft ordinance to
amend the street vacation is attached.
RECOMMENDATION
Council is being asked to hold a public hearing and approve the Ordinance that will amend the
street vacation on November 5, 2012 and consider this item the same night at the November 5,
Regular Meeting.
Attachments: Final Ordinance, with attached legal description and map
(Ordinance Nos. 2233, 2239, 2240 are included with prior item regarding Southcenter Pkwy vacation)
w:12012 info memos- counciNuk south st vac amndmnt- frager ord.doc
i
0
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2239
RELATING TO VACATING PORTIONS OF THE EXISTING
FRAGER ROAD RIGHT -OF -WAY FROM APPROXIMATELY
EXISTING CITY LIMITS (AT THE TIME OF ORIGINAL STREET
VACATION ORDINANCE NO. 2239) TO SOUTH 200 STREET
BY REPLACING EXHIBITS A AND B TO MORE CLEARLY
SPECIFY THE AREA THAT IS SUBJECT TO VACATION;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, on June 8, 2009, the City Council of the City of Tukwila passed
Ordinance No. 2239, vacating Frager Road between the then existing southerly City
limits of the City of Tukwila as the City limits crossed Frager Road and the north right -of-
way line of South 200th Street at its point of intersection with said Frager Road; and
WHEREAS, the City subsequently discovered that the north right -of -way line of
South 200th Street at its point of intersection with Frager Road has never been officially
established; and
WHEREAS, the City wishes to establish the north right -of -way line of South 200th
Street at its point of intersection with Frager Road and to amend Ordinance No. 2239 to
reflect this precise right -of -way line; and
WHEREAS, a legal description of the area to be vacated was not included in
Ordinance No. 2239 and the City wishes to clearly specify the area that is subject to
vacation by inclusion of a detailed legal description; and
WHEREAS, on November 5, 2012, following required public notification, the City
Council conducted a public hearing on the matter and at the conclusion of such hearing
determined the aforementioned right -of -way, legally described in Exhibit A attached
hereto, should be vacated;
W: Word Processing \Ordinances \Frager Rd street vacation -amend Ord 2239 10 -26 -12
RT:bjs Page 1 of 2
i
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 2239 Amended. Ordinance No. 2239 is hereby
amended by deleting in its entirety Exhibits A and B attached to Ordinance No. 2239
and replacing them with Exhibits A and B attached hereto.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A —Legal Description
Exhibit B Map
W: Word Processing \Ordinances \Frager Rd street vacation -amend Ord 2239 10 -26 -12
84 RT:bjs Page 2 of 2
Exhibit A
LEGAL DESCRIPTION
SOUTH 200" STREET
RIGHT OF WAY LINE
THOSE PORTIONS OF SOUTH 200 STREET (PER DEED RECORDED UNDER
KING COUNTY RECORDING NO. 9705281237) AND FRAGER ROAD (PER DEED
RECORDED UNDER KING COUNTY RECORDING NO. 9705281238) LYING
NORTH OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE
W. M., KING COUNTY, WASHINGTON; THENCE SOUTH 89° 16'29 "EAST
ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF
208.20 FEET; THENCE NORTH 00'43'3 I"EAST 33.00 FEET TO THE NORTH
RIGHT OF WAY MARGIN OF PRESENT SOUTH 200 STREET AND THE POINT
OF BEGINNING OF THE AFOREMENTIONED LINE; THENCE LEAVING SAID
RIGHT OF WAY MARGIN SOUTH 83 41'05 "EAST 505.88 FEET;
THENCE NORTH 02 13'35 "EAST 20.21 FEET;
THENCE SOUTH 86 36'33 "EAST 181.67 FEET;
THENCE SOUTH 89 48'04 "EAST 135.96 FEET;
THENCE NORTH 81 08'48 "EAST 184.31 FEET, MORE OR LESS, TO THE
EASTERLY LINE OF THE WESTERLY LEG OF THAT CERTAIN RIGHT OF WAY
MARGIN FOR SOUTH 200 STREET AS DESCRIBED IN DEED RECORDED
UNDER KING COUNTY RECORDING NO. 9705281237, ALSO BEING THE
TERMINUS OF THIS LINE.
p
frager road vacation amendment
��y� soUTHCE Exhibili
RKWAy
a 0
V
EXISTING CONTOURS
(oAayso>
/g
NO
p
COUNCIL AGENDA SYNOPSIS
nitials
Meeting Date
Prepared by
Ma or's review
C n l r view
10/22/12
BM
Resolution
Mtg Date
Ordinance
Mt g Date 11/5/12
11/05/12
BM
Other
Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PWI
SPONSOR'S The City Council has been briefed about entering into an Interlocal Agreement (ILA) with
SUMMARY King County to provide historical preservation services in the City. One of the
requirements of the ILA is for the City to adopt an Ordinance related to historical
preservation. The attached Ordinance will adopt a new Chapter in Title 16 to address
Historical Landmarks in the City. The Ordinance will only apply to city owned properties.
Private pro will not be impacted by the Ordinance.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/8/12 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
$6000 $0 $0
Fund Source: N/A
Comments: The Ordinance is cost neutral if the all costs are passed on to the applicant.
MTG. DATE
RECORD OF COUNCIL ACTION
10/22/12
ITEM INFORMATION
ITEM NO.
6.0 (1)
A
STAFF SPONSOR: NORA GIERLOFF
ORIGINAL AGENDA DATE: 10/22/12
AGENDA ITEM TITLE An Ordinance regarding the preservation of Historical Landmarks in the City.
*Changes requested at the October 22, 2012 COW Meeting have been made to the
Ordinance
CATEGORY Discussion
Mtg Date 10122112
Motion
Mt g Date
Resolution
Mtg Date
Ordinance
Mt g Date 11/5/12
Bid Award
Mtg Date
Public Hearing
Mtg Date
Other
Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PWI
SPONSOR'S The City Council has been briefed about entering into an Interlocal Agreement (ILA) with
SUMMARY King County to provide historical preservation services in the City. One of the
requirements of the ILA is for the City to adopt an Ordinance related to historical
preservation. The attached Ordinance will adopt a new Chapter in Title 16 to address
Historical Landmarks in the City. The Ordinance will only apply to city owned properties.
Private pro will not be impacted by the Ordinance.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/8/12 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
$6000 $0 $0
Fund Source: N/A
Comments: The Ordinance is cost neutral if the all costs are passed on to the applicant.
MTG. DATE
RECORD OF COUNCIL ACTION
10/22/12
MTG. DATE
ATTACHMENTS
10/22/12
Informational Memorandum dated 9/28/12
Draft Ordinance
King County Code Sections to be adopted by reference
Minutes from Community Affairs and Parks Committee meeting of 6/25/12
Minutes from Community Affairs and Parks Committee meeting of 10/8/12
11/5/12
Ordinance in strike through, underlined format based on changes from 10/22/12
A
Ell
City of TUkwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS
TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.60
RELATING TO THE PROTECTION AND PRESERVATION OF
LANDMARKS; ESTABLISHING PROCEDURES FOR DESIGNATION
AND PROTECTION OF LANDMARKS; PROVIDING FOR APPEALS
OF THE LANDMARKS COMMISSION; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, historic preservation fosters civic pride in the beauty and
accomplishments of the past and improves the economic vitality of our communities;
and
WHEREAS, the City of Tukwila desires to designate, protect, and enhance those
sites, buildings, districts, structures and objects that reflect significant elements of its
cultural, aesthetic, social, economic, political, architectural, ethnic, archaeological,
engineering, and other history; and
WHEREAS, the current provisions of the Tukwila Municipal Code do not adequately
provide for the designation, protection, and enhancement of landmarks; and
WHEREAS, King County is able to provide landmark designation and protection
services to the City of Tukwila; and
WHEREAS, the City has elected to contract with King County to provide such
services; and
WHEREAS, it is in the public interest that the jurisdictions cooperate to provide
efficient and cost effective landmark designation and protection;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter
16.60, "Historic Preservation," is hereby established to read as follows:
W: Word Processing \Ordinances \Historic Preservation chapter of TMC final 10 -24 -12
BM:bjs Page 1 of 7
91
CHAPTER 16.60
HISTORIC PRESERVATION
Sections:
16.60.010
Definitions
16.60.020
Landmark Commission
16.60.030
Incorporation of King County Provisions
16.60.040
Historic Resources Review Process
16.60.050
Redesignation of Existing Landmarks
Section 2. TMC Section 16.60.010 is hereby established to read as follows:
16.60.010 Definitions
The following words and terms shall, when used in this chapter, be defined as follows
unless a different meaning clearly appears from the context. The definitions provided
below shall be used in administering this chapter and supersede any definitions found
elsewhere in Title 16. These definitions shall have no meaning or relevance outside of
TMC Chapter 16.60.
1. "Alteration" is any construction, demolition, removal, modification, excavation,
restoration or remodeling of a landmark.
2. "Building" is a structure created to shelter any form of human activity, such as a
house, barn, church, hotel or similar structure. Building may refer to a historically
related complex, such as a courthouse and jail or a house and barn.
3. "Certificate of appropriateness" is written authorization issued by the
Commission or its designee permitting an alteration to a significant feature of a
designated landmark.
4. "Commission" is the Landmark Commission created by this chapter.
5. "Community landmark" is a historic resource that has been designated
pursuant to TMC Chapter 16.60 but which may be altered or changed without
application for or approval of a Certificate of Appropriateness.
6. "Designation" is the act of the Commission determining that a historic resource
meets the criteria established by this chapter.
7. "Designation report" is a report issued by the Commission after a public hearing
setting forth its determination to designate a landmark and specifying the significant
feature or features thereof.
8. "Director" is the director of the City of Tukwila Department of Community
Development or his or her designee.
9. "District" is a geographically definable area, urban or rural, possessing a
significant concentration, linkage, or continuity of sites, buildings, structures, or objects
united by past events or aesthetically by plan or physical development. A district may
W: Word Processing \Ordinances \Historic Preservation chapter of TMC strike -thru 10 -24 -12
BM:bjs Page 2 of 7
also comprise individual elements separated geographically but linked by association or
history.
10. "Heritage" is a discipline relating to historic preservation and archaeology,
history, ethnic history, traditional cultures and folklore.
11. "Historic preservation officer" is the King County Historic Preservation Officer or
his or her designee.
12. "Historic resource" is a district, site, building, structure or object significant in
national, state or local history, architecture, archaeology, and culture.
13. "Historic resource inventory" is an organized compilation of information on
historic resources considered to be significant according to the criteria listed in TMC
Section 16.60.030 (B). The Historic Resource Inventory is kept on file by the Historic
Preservation Officer and is updated from time to time to include newly eligible resources
and to reflect changes to resources.
14. "Incentives" are such compensation, rights or privileges or combination thereof,
which the City Council or other local, state or federal public body or agency, by virtue of
applicable present or future legislation, may be authorized to grant to or obtain for the
owner or owners of designated landmarks. Examples of economic incentives include
but are not limited to tax relief, conditional use permits, rezoning, street vacation,
planned unit development, transfer of development rights, facade easements, gifts,
preferential leasing policies, private or public grants -in -aid, beneficial placement of
public improvements, or amenities, or the like.
15. "Interested person of record" is any individual, corporation, partnership or
association that notifies the Commission or the City Council in writing of its interest in
any matter before the Commission.
16. "Landmark" is a historic resource designated as a landmark pursuant to TMC
Chapter 16.60.
17. "Nomination" is a proposal that a historic resource be designated a landmark.
18. "Object" is a material thing of functional, aesthetic, cultural, historical, or
scientific value that may be, by nature or design, movable yet related to a specific
setting or environment.
19. "Owner" is a person having a fee simple interest, a substantial beneficial
interest of record or a substantial beneficial interest known to the Commission in a
historic resource. Where the owner is a public agency or government, that agency shall
specify the person or persons to receive notices under this chapter.
20. "Person" is any individual, partnership, corporation, group or association.
21. "Person in charge" is the person or persons in possession of a landmark
including, but not limited to, a mortgagee or vendee in possession, an assignee of rents,
a receiver, executor, trustee, lessee, tenant, agent, or any other person directly or
indirectly in control of the landmark.
W: Word Processing \Ordinances \Historic Preservation chapter of TMC strike -thru 10 -24 -12
BM:bjs Page 3 of 7
93
22. "Preliminary determination" is a decision of the Commission determining that a
historic resource that has been nominated for designation is of significant value and is
likely to satisfy the criteria for designation.
23. "Significant feature" is any element of a landmark the Commission has
designated pursuant to this chapter as of importance to the historic, architectural or
archaeological value of the landmark.
24. "Site" is the location of a significant event, a prehistoric or historic occupation or
activity, or a building or structure, whether standing, ruined, or vanished, where the
location itself maintains a historical or archaeological value regardless of the value of
any existing structures.
25. "Structure" is any functional construction made usually for purposes other than
creating human shelter.
26. "City Council" or "Council" shall refer to the City Council of the City of Tukwila.
Section 3. TMC Section 16.60.020 is hereby established to read as follows:
16.60.020 Landmark Commission
A. The King County Landmark Commission established pursuant to King County
Code (K.C.C.) Chapter 20.62 is hereby designated and empowered to act as the
Landmark Commission for the City pursuant to the provisions of this chapter.
B. The Commission shall have the authority to review nominations and designate
any real property owned by the City of Tukwila as a landmark and to issue a Certificate of
Appropriateness for any property that has been designated as a landmark. The
Commission shall have no authority to review nominations or designate any landmarks
within the City of Tukwila that are not owned by the City of Tukwila.
C. The special member of the King County Landmark Commission provided for in
K.C.C. Section 20.62.030 shall be appointed by the Mayor of the City of Tukwila, subject
to confirmation by the City Council. Such special member shall be a Tukwila resident
who has a demonstrated interest in historic preservation. Such appointment shall be
made for a three -year term. In the event that the special member cannot attend a
required meeting, the chair of the Planning Commission or Vice -Chair may serve as an
alternate Commission member.
D. In the event of a vacancy, an appointment shall be made to fill the vacancy in the
same manner and with the same qualifications as if at the beginning of the term, and the
person appointed to fill the vacancy shall hold the position for the remainder of the
unexpired term.
E. The Commission shall not conduct any public hearings required under this
chapter with respect to properties located within the City of Tukwila until the
Commission's rules and regulations, including procedures consistent with this chapter,
have been filed with the Tukwila City Clerk. All meetings of the Commission shall be
W: Word Processing \Ordinances \Historic Preservation chapter of TMC strike -thru 10 -24 -12
BM:bjs Page 4 of 7
•1
open to the public. All public hearings to consider a landmark designation within the City
of Tukwila shall be held within the City of Tukwila.
F. The Commission shall file its rules and regulations, including procedures
consistent with this ordinance, with the Tukwila City Clerk.
Section 4. TMC Section 16.60.030 is hereby established to read as follows.
16.60.030 Incorporation of King County Provisions
The following sections of King County Code (K.C.C.) Chapter 20.62 are hereby
adopted and are incorporated by reference herein and made a part of this chapter the
same as though they were set forth herein:
A. K.C.C. Section 20.62.030 "Landmark Commission created membership and
organization."
B. K.C.C. Section 20.62.040 "Designation criteria," except Paragraph A is
amended to read as follows:
Real property owned by the City of Tukwila may be designated as a City of Tukwila
landmark if it is more than 40 years old or, in the case of a landmark district, contains
resources that are more than 40 years old, and possesses integrity of location, design,
setting, materials, workmanship, feeling and association, and:
1. Is associated with events that have made a significant contribution to the
broad patterns of national, state or local history; or
2. Is associated with the lives of persons significant in national, state or local
history; or
3. Embodies the distinctive characteristics of a type, period, style or method of
design or construction, or that represents a significant and distinguishable entity whose
components may lack individual distinction; or
4. Has yielded, or may be likely to yield, information important in prehistory or
history; or
5. Is an outstanding work of a designer or builder who has made a substantial
contribution to the art.
C. K.C.C. Section 20.62.050 "Nomination procedure," except paragraphs E and
F are added to read as follows:
E. The Tukwila City Council shall first issue a Notice to Proceed before any
property owned by the City of Tukwila is considered by the Historic Preservation Officer.
The Notice to Proceed shall be a discretionary, legislative act, A
Notice to Proceed may be approved by the City Council via a resolution or motion. No
public hearing is required when considering a Notice to Proceed; however, this shall not
preclude the City Council from allowing public testimony. A Notice to Proceed may be
placed on the regular City Council consent agenda for action.
W: Word Processing \Ordinances \Historic Preservation chapter of TMC strike -thru 10 -24 -12
BM:bjs Page 5 of 7
95
F. As part of the consideration of a Notice td a fiscally responsible
person or entities shall be identified. The fiscally responsible person or entities shall be
responsible for compensating the City for any charges incurred on the City by King
County related to King County's assistance in the nomination process. The City shall pay
the charges for any Tukwila -based 501(c)(3) organization. The fiscally responsible
person or entities (except for Tukwila -based 501(c)(3) organizations) shall also pay to the
City an overhead charge of 3% above those charges that are incurred by King County.
D. K.C.C. Section 20.62.070 "Designation procedure," except all references to
"King County" within this section are changed to read "City of Tukwila
E. K.C.C. Section 20.62.080 "Certificate of Appropriateness procedure," except
paragraph E is added to read as follows:
E. The applicant who submitted an application for a Certificate of
Appropriateness or other willing fiscally responsible party, shall be responsible for
payment of all fees associated with King County's review of the Certificate of
Appropriateness application, plus a 3% overhead fee for City staff time. All fees shall
be paid directly to the City of Tukwila, which shall then reimburse King County for their
time as specified in the interlocal agreement between the City and the County. In the
case of a Tukwila -based 501(c)(3) organization, the City shall pay all charges and no
overhead fee shall be assessed.
F. K.C.C. Section 20.62.100 —"Evaluation of economic impact."
G. K.C.C. Section 20.62.110 "Appeal procedure," except paragraph A is
amended to read as follows:
A. Any person aggrieved by a decision of the Commission designating or
rejecting a nomination for designation of a landmark or issuing or denying a Certificate of
Appropriateness may, within 35 calendar days of mailing of notice of such designation or
rejection of nomination, or of such issuance or denial or approval of a Certificate of
Appropriateness, appeal such decision in writing to the City Council. The written notice of
appeal shall be filed with the Tukwila City Clerk and shall be accompanied by a statement
setting forth the grounds for the appeal, supporting documents, and argument. The
appellant shall pay an appeal fee of $250 to the City of Tukwila, which shall be provided
to the City within the time frame for filing appeals established by this paragraph. Failure
to provide the required fee shall constitute a failure to file a timely appeal. An appeal
which is not timely filed shall be dismissed by the City Council.
H. K.C.C. Section 20.62.120 "Funding."
K.C.C. Section 20.62.140 "Special valuation for historic properties."
Section 5. TMC Section 16.60.040 is hereby established to read as follows:
16.60.040 Historic Resources Review Process
The official responsible for the issuance of building and related permits shall promptly
refer applications for permits that affect inventoried historic buildings, structures,
W: Word Processing \Ordinances \Historic Preservation chapter of TMC strike -thru 10 -24 -12
BM:bjs Page 6 of 7
M
objects, sites, districts, or archaeological sites to the King County Historic Preservation
Officer (HPO) for review and comment. For the purposes of this section, "affect" shall
be defined as an application for change to the site of the inventoried property, whether
through new construction, alterations or excavation. Inventoried properties are those
that are listed in the King County Historic Resource Inventory. The responsible official
shall seek and take into consideration the comments of the HPO regarding mitigation of
any adverse effects affecting historic buildings, structures, objects, sites, or districts.
Section 6. TMC Section 16.60.050 is hereby established to read as follows:
16.60.050 Redesignation of Existing Landmarks
All King County landmarks designated pursuant to the provisions of King County Code
Chapter 20.62 that are located within the boundaries of the City of Tukwila shall be
subject to the provisions of this ordinance and considered City of Tukwila landmarks.
Section 7. 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 8. 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 9. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
W: Word Processing \Ordinances \Historic Preservation chapter of TMC strike -thru 10 -24 -12
BM:bjs Page 7 of 7
97
m
COUNCIL AGENDA SYNOPSIS
Meeting Date Prepared b Ma a ieu Co ncil review
11/05/12 BM
ITEM INFORMATION
ITEMNO.
6.C. (2)
w e
STAFF SPONSOR: NORA GIERLOFF
ORIGINAL AGENDA DATE: 11/5/12
AGENDA ITEM TITLE Interlocal Agreement with King County to provide historic preservation services.
*THIS IS ASSOCIATED WITH THE HISTORIC PRESERVATION ORDINANCE
REVIEWED AT C.O.W. ON 10/22/12, ALSO BEING CONSIDERED TONIGHT
CATEGORY Discussion
Mtg Date 11/5/12
Motion
Mtg Date 11 /5 /IZ
Resolution
Mtg Date
Ordinance
Mtg Date
Bid Axard
Mtg Date
Public !!9
Mtg Date
Other
Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW
SPONSOR'S King County, which has an office of Historical Preservation, contracts with 17 other cities
SUMMARY to provide historic preservation services. Tukwila does not have the resources or the
expertise in house to be able to provide such services. The attached Interlocal Agreement
will allow the City to contract with King County to provide those services within the City.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 6/25/12 AND 10/8/12 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Council
COST IMPACT FUND SOURCE
EXPENDI'T'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$6000 $0 $0
Fund Source: N/A
Comments: At the time of an application, funds will need to be identified to pay for non-profit projects
MTG. DATE
RECORD OF COUNCIL ACTION
11/5/12
MTG. DATE
ATTACHMENTS
11/5/12
Informatinal Memorandum Memorandum dated 10/1/12 (Revised 10/30/12)
Draft Interlocal Agreement with King County
Minutes from the Community Affairs and Parks Committee meeting of 10/8/12
Minutes from the Community Affairs and Parks Committee meeting of 6/25/12
w e
11
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks
FROM: Jack Pace, Director
BY: Nora Gierloff, Deputy Director
Brandon Miles, Senior Planner
DATE: October 1, 2012
Revised October 30, 2012
SUBJECT: Interlocal Agreement with King County for Historic Preservation Services
ISSUE
Should the City enter into an Interlocal Agreement (ILA) with King County to provide historic
preservation services?
BACKGROUND
On October 22, 2012, the Committee of the Whole heard a presentation by King County on
Historic Preservation. King County, which has an office of Historic Preservation, contracts with
17 other cities' to provide historic preservation services. Tukwila does not have the resources
or the expertise in house to be able to provide such services.
Staff has worked with King County to draft the attached ILA. The ILA was briefly discussed on
October 22 and was reviewed by CAP. One requirement of the ILA is that the City adopts an
Historic Preservation Ordinance, which Council reviewed at the last COW meeting. In drafting
the ILA and the draft Ordinance, staff attempted to address two primary concerns:
1. That the ILA not obligate the City to pay unexpected costs. Section 4A of the ILA
requires that the City pre- authorize any work performed by King County. This work
could include conducting an inventory of historic sites in the City, processing
nominations for historic landmark status and issuing Certificates of Appropriateness for
changes to landmarked structures. Additionally, the Ordinance requires that a fiscally
responsible party be identified before any charges are incurred by King County.
2. The proposed Ordinance, which is discussed in more detail in the memo dated
September 28, 2012, only applies to city owned properties. The Ordinance requires that
the City Council issue a Notice to Proceed prior to King County considering a landmark
designation within the City.
DISCUSSION
The ILA is being driven primarily by the Tukwila Historical Society which desires to obtain grant
funds for improvements to Old City Hall. Landmark status could increase their eligibility for
certain types of grants. However, the nomination and designation process could cost up to
$6,000.
Designation of a city owned facility as a landmark could also hinder future redevelopment or
modifications to the existing building or site. As noted, Old City Hall is eligible for designation,
but Fort Dent Park and City Hall would likely also be candidates. Staff has crafted both the ILA
and Ordinance to address this issue by requiring that the City Council pre- authorize any
Cities include Auburn, Woodinville and Shoreline.
101
INFORMATIONAL MEMO
Page 2
landmark designation process for a city owned facility or property to ensure that the designation
is consistent with future City facility plans.
FINANCIAL IMPACT
As much as $6,000 for old City Hall. The source of the funds has not been identified.
RECOMMENDATION
Staff recommends that the Mayor be authorized to sign the attached ILA.
ATTACHMENTS
Draft Interlocal Agreement between King County and the City.
Minutes from the June 25, 2012 CAP Meeting
ZADCD n Clerk's\BrandonlHisWcal Presevation OrMILAILA Memo.doc
102
INTERLOCAL AGREEMENT FOR LANDMARK SERVICES
AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA
RELATING TO LANDMARK DESIGNATION AND PROTECTION SERVICES
THIS IS AN AGREEMENT between King County, a home rule charter county and a
political subdivision of the State of Washington, hereinafter referred to as the "County," and the
City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as
the "City."
WHEREAS, local governmental authority and jurisdiction with respect to the designation
and protection of landmarks within the city limits resides with the City; and
WHEREAS, the City desires to protect and preserve the historic buildings, structures,
districts, sites, objects, and archaeological sites within the city for the benefit of present and
future generations; and
WHEREAS, the County is able to provide landmark designation and protection services
for the City; and
WHEREAS, the City has elected to contract with the County to provide such services;
and
WHEREAS, it is in the public interest that the jurisdictions cooperate to provide efficient
and cost effective landmark designation and protection; and
WHEREAS, pursuant to R.C.W. 39.34, the Interlocal Cooperation Act, the parties are
each authorized to enter into an agreement for cooperative action;
NOW THEREFORE, the County and the City hereby agree:
1. Services At the request of the City, the County shall provide landmark designation and
protection services using the criteria and procedures adopted in King County Ordinance
10474, King County Code (K.C.C.), Chapter 20.62 within the City limits.
2. Ci 's Responsibilities
A. Adopt an ordinance establishing regulations and procedures for the designation of historic
buildings, structures, objects, districts, sites, objects, and archaeological sites as
landmarks and for the protection of landmarks. Regulations and procedures shall be
substantially the same as the regulations and procedures set forth in K.C.C. Chapter
20.62. The ordinance shall provide that the King County Landmarks Commission, with
the addition of a special member, acting as the City of Tukwila Landmarks Commission
103
(Commission) shall have the authority to designate and protect landmarks within the City
limits in accordance with the City ordinance. The ordinance shall include:
1) Provision for the appointment of a special member to the Commission as
provided by K.C.C. Chapter 20.62.030.
2) A provision that appeals from decisions of the Commission pertaining to real
property within the City limits shall be taken to the Tukwila City Council.
3) A provision that the City official responsible for the issuance of building and
related permits shall promptly refer applications for permits which affect historic
buildings, structures, objects, sites, districts, or archaeological sites to the King
County Historic Preservation Officer (HPO) for review and comment. The
responsible official shall seek and take into consideration the comments of the
HPO regarding mitigation of any adverse effects affecting historic buildings,
structures, objects, sites or districts.
B. Appoint a Special Member to the Commission in accordance with the ordinance adopted
by the City. Pursuant to K.C.C. Chapter 20.62 such Special Member shall be a voting
member of the Commission on all matters relating to or affecting landmarks within the
City, except review of applications to the Special Valuation Tax Program, and the
Current Use Taxation Program.
C. Except as to Section 5, the services provided by the County pursuant to this agreement do
not include legal services.
3. County Responsibilities
A. Process all landmark nomination applications and conduct planning, training, and
public information tasks necessary to support landmarking activities in the City. Such
tasks shall be defined by mutual agreement of both parties on an annual basis.
B. Process all Certificate of Appropriateness applications to alter, demolish, or move any
significant feature of a landmark property within the City limits.
C. Act as the "Local Review Board" for the purposes related to Chapter 221, 1986 Laws
of Washington, (R.C.W. 84.26 and WAC 254.20) for the special valuation of historic
properties within the city limits.
D. Review and approve all applications to the King County Landmark Loan Program.
E. Review and comment on applications for permits which affect historic buildings,
structures, objects, sites, districts, and archaeological sites. Comments shall be
forwarded to the city official responsible for the issuance of building and related
permits.
F. King County shall perform no work under this agreement without receiving the
express, written permission of the City of Tukwila.
4. Compensation
A. Costs. The City shall reimburse the County fully for all costs incurred in providing
services under this contract, including overhead and indirect administrative costs.
Costs charged to the City may be reduced by special appropriations, grants, or other
supplemental funds, by mutual agreement of both parties. The City shall not be
responsible for paying for any work that was performed which was not preauthorized
as required in Section 3 F above. The rate of reimbursement to the County for labor
costs shall be revised annually by mutual written agreement of both parties.
B. Billing. The County shall bill the City quarterly. The quarterly bill shall reflect actual
costs plus the annual administrative overhead rate. Payments are due within 30 days
of the City's receipt of an invoice from the County.
5. Indemnification
A. The County shall indemnify and hold harmless the City and its officers, agents and
employees or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason or arising out of any
negligent act or omission of the County, its officers, agents, and employees, or any of
them, in providing services pursuant to this agreement. In the event that any suit
based upon such a claim, action, loss, or damage is brought against the City, the
County shall defend the same at its sole cost and expense; provided, that the City
retains the right to participate in said suit if any principle of governmental or public
law is involved; and if final judgment be rendered against the City and its officers,
agents, employees, or any of them, or jointly against the City and the County and their
respective officers, agents and employees, or any of them, the County shall satisfy the
same.
B. In executing this agreement, the County does not assume liability or responsibility for
or in any way release the City from any liability or responsibility which arises in
whole or in part from the existence or effect of City ordinances, rules or regulations,
polices or procedures. If any cause, claim, suit, actions or administrative proceeding
is commenced in the enforceability and /or validity or any City ordinance, rule or
regulation is at issue, the City shall defend the same at its sole expense and if
judgment is entered or damages are awarded against the City, the County, or both, the
City shall satisfy the same, including all chargeable costs and attorneys' fees.
C. The City shall indemnify and hold harmless the County and its officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses and damages of any nature whatsoever, by reason of or arising out of any
negligent act or omission of the City, its officers, agents, and employees, or any of
them. In the event that any suit based upon such a claim, action, loss or damage is
brought against the County, the City shall defend the same at its sole cost and
expense; provided that the County retains the right to participate in said suit if any
principle of governmental or public laws is involved; and if final judgment be
rendered against the County, and its officers, agents, and employees, or any of them,
the City shall satisfy the same.
D. The City and the County acknowledge and agree that if such claims, actions, suits,
liability, loss, costs, expenses and damages are caused by or result from the
concurrent negligence of the City, its agents, employees, and /or officers and the
County, its agents, employees, and/or officers, this Article shall be valid and
enforceable only to the extent of the negligence of each party, its agents, employees
and/or officers.
105
6. Interlocal Cooperation Act
A. Purpose. The purpose of this agreement is for the City of Tukwila and King County
to partner to provide historical preservation services within the corporate boundaries
of the City.
B. Administration. This agreement shall be administered for the County by the Director
of Department of Natural Resources and Parks, or the director's designee, and for the
City by the Director of Community Development or designee.
C. Budget and Financing. No special budget or funds are anticipated, nor will the
parities jointly acquire, hold or dispose of real or personal property.
D. Duration This agreement is effective beginning upon execution, and shall continue
until terminated pursuant to the terms of this agreement.
E. This Agreement will be recorded by the County or otherwise be made public by it in
conformance with the Interlocal Cooperation Act.
7. Termination Either party may terminate this agreement by forty-five (45) days written notice
from one party to the other.
8. Amendments This Agreement may be amended at any time by mutual written agreement of
the parties.
IN WITNESS WHEREOF, the parties have executed this agreement this day of
2013.
CITY OF TUKWILA
Title:
KING COUNTY
King County Executive
Approved as to form:
IC
King County Prosecutor
1.
City of Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
October 8, 2012 5: 00 P. m.
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg
Staff: Jack Pace, Nora Geirloff and Kimberly Matej
Guests: Joan Hernandez and John Kruize
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:03 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Interlocal Agreement and Ordinance: King County Historic Preservation
Per direction given at the June 25, 2012, Community Affairs Parks Committee meeting, staff is returning
to Committee with a draft interlocal agreement with King County for preservation services and a draft
ordinance (as required by King County) regarding historic preservation.
At the June 25 Community Affairs Parks Committee meeting, the Committee requested that staff prepare
a draft interlocal agreement and ordinance that would only be applicable to City -owned properties and
archeological sites. They mentioned that consideration for program applicability to privately owned
property could be explored at a later time. Staff identified major components listed below in the draft
agreement and ordinance:
Draft Interlocal Agreement:
Tukwila Historical Society is in favor of this agreement as it relates to Old City Hall. Landmark
status could increase their eligibility for certain grants for improvements to Old City Hall.
Staff outlined the potential funding impact such a designation could have on the City if a fiscal
agent in not identified.
Language has been incorporated in the draft agreement which requires the City to pre authorize any
work performed by King County in an effort to avoid City obligation to pay for unexpected costs.
Draft Ordinance
In addition to creating a Historic Preservation chapter of in Title 16 of the Tukwila Municipal Code
(TMC), the draft ordinance adopts certain sections of the King County Code in regards to
landmarks, nomination, designation, and funding by reference.
The draft ordinance requires identification of a fiscally responsible party prior to charges being
incurred by King County and makes nomination costs neutral to the City.
Makes decisions appealable to the City Council.
Calls for a Tukwila resident to be appointed by the Mayor and confirmed by the Council to sit on
the King County Landmark Commission for a three -year term.
Joan Hernandez expressed concern over the wording of the draft ordinance, which she believed to be
financially burdensome to small non -profit organizations such as the Tukwila Historical Society. Her
interpretation is that there is no flexibility in the draft ordinance as currently written that would allow the City
to take on financial responsibility, in place of a small non profit, if the City Council so desired. In turn, the
Committee felt that the flexibility did exist in the draft ordinance as written; however, Committee member
107
CommunitV Affairs Parks Committee Minutes October 8, 2012 Pape 2
Ekberg offered a non- substantive wording change to draft TMC Section 16.60.030 (C)(F) on the top of page
16 of the Committee agenda replacing the words "Prior to..." with "As part of the..." Additionally, the word
"entity" in the first sentence would be made plural. Committee Chair Hougardy and Committee Member
Ekberg were supportive of the change; however, Committee Member Duffle was not. For clarification,
Committee Member Duffle is in favor of the draft ILA and ordinance, but is not supportive of the wording
change. UNANIMOUS APPROVAL WITH EXCEPTIONS. FORWARD BOTH ITEMS TO
OCTOBER 22 COW FOR DISCUSSION.
III. MISCELLANEOUS
In light of the recent incident at Foster Memorial Park involving the death of a small dog, Committee
Member Duffle suggested that the City place signs in each park reminding park users of the dog leash law in
the Tukwila Municipal Code.
Meeting adjourned at 5:49 p.m.
Next meeting: Monday, October 22, 2012 5:00 p.m. Conference Room 43
4 q Committee Chair Approval
Minu by IRF
11 M,
o
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
Jane 25, 2012 5:00 p. m.
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joe Duffie and Allan Ekberg
Staff: Jack Pace, Nora Gierloff. Dave Johnson, Pat Brodin, David Cline and Kimberly Matej
Guests: Louise Jones Brown, Tukwila Historical Society; Joan Hernandez, Tukwila Historical Society
John Cruce, Tukwila Historical Societe: Julie Koler, King County Preservation Officer
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:03 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Parks Recreation Special Events Calendar
As an information only item, Committee Members reviewed the Parks Recreation calendar for July and
August. INFORMATION ONLY.
B. Presentation: King County Historic Preservation
Julie Koler, King County Presentation Officer, gave a PowerPoint Presentation on the King County
Regional Historic Preservation Program. A copy of the presentation accompanies the Committee minutes.
As Ms. Koler presented program information, Committee Members, staff and guests asked clarifying
questions. Representatives from the Tukwila Historical Society expressed support for the City entering into
an agreement with King County for historic preservation, and stated that they believe the agreement will be
helpful in securing grant funding for work and restoration needed on the current Tukwila Historical Society
building which is City- owned.
After discussion, the Committee requested that staff prepare a draft interlocal agreement for the King
County Historic Presentation Program and ordinance that would only be applicable to City -owned
properties and archeological sites. Consideration for program applicability to privately owned property may
be explored at a later time. Louis Jones -Brown mentioned that the City of Des Moines has an interlocal
agreement specifically for city -owned properties which could be used as a model for Tukwila.
David Cline inquired about known timelines for grants that may be dependent on this interlocal agreement.
Ms. Jones- Brown committed to checking on such dates. In the meantime, Mr. Cline will work with the
Department of Community Development regarding current workload and work plan projects to determine
when this item may return to Committee. RETURN TO A FUTURE COMMITTEE MEETING FOR
REVIEW AND RECOMMENDATION.
III. MISCELLANEOUS
Meeting adjourned at 6:21 p.m.
Next meeting: Monday, July 9. 2012 5:00 p.m. Conference Room 43
k g�' q Committee Chair Approval
Minute y KA vi.
109
IWI
City of Tukwila
Jim Haggerton, Mayor
CITY ADMINISTRATOR REPORT
TO: Mayor Haggerton
Councilmembers
FROM: David Cline, City Administrator
DATE: October 31, 2012
SUBJECT: Report for November 5, 2012 Regular Council Meeting
The City Administrator Report is meant to provide the Council, staff and community an update
on the activities of the City and on issues that concern Tukwila. The report consists of
information provided by the Executive Team, with editing and input by the City Administrator.
Please let me know if you have any questions or need additional information about any of the
following items, and please feel free to contact any of the department heads for additional
information.
I. Intergovernmental and Local Issues Update
MEETINGS
School Walk: Councilmember Hougardy and City Administrator Cline conducted a walk of
the current school routes along South 144 Street to 53rd Avenue South and Macadam
Road. It provided a good opportunity to view how students use these routes on their way
home from school and what opportunities exist for improvements in these areas.
King County Solid Waste Agreement Negotiations: City Administrator Cline has been
meeting approximately two times a week with other City and County representatives to work
on a new extended contract. The negotiating team received good direction from the
Suburban Cities Association and Regional Policy Committee. A final contract is expected to
be completed in mid November and would need to be ratified by all cities and King County
in early 2013.
II. Department Updates
MAYORS OFFICE
Small Business Award Ceremony: On October 10, Mayor Haggerton and Economic
Development staff attended the King County Executive's 2012 small business award
ceremony. Congratulations to our own Seattle Chocolates, which is headquartered in
Tukwila and won in the Woman -Owned Business category.
Southwest King County Economic Development Initiative: On October 10,
Councilmember Hougardy and Economic Development staff attended the Southwest King
County Economic Development Initiative (SKCEDI) executive committee meeting. The
group discussed whether SKCEDI should get more involved in job training and career
development.
Chamber of Commerce: On October 12, Councilmembers Hougardy and Kruller and City
staff attended the Chamber's monthly lunch meeting. Legislative candidates presented their
positions.
111
City Administrator Report
Page 2
King County: On October 15, Mayor Haggerton and King County Executive Constantine
hosted a roundtable discussion with representatives from five Tukwila businesses: BECU,
Boeing, Fatigue Technology, Sabey Corp, and Seattle Chocolates. City Administrator Cline
and Economic Development staff participated. Executive Constantine spoke about County
priorities and streamlining, Mayor Haggerton spoke about City priorities, and the businesses
shared their insights into the regional economy and their challenges and opportunities.
Aerospace Alliance: On October 31, Economic Development staff attended the quarterly
King County Aerospace Alliance (KCAA) meeting, which was held at Aero Controls in
Auburn. Alex Pietsch, Director of the Governor's Aerospace Office, presented on the
current status of the State's aerospace strategy. Laura Hopkins from the Aerospace Joint
Apprenticeship Committee presented on their services. Members provided updates on the
KCAA action plan.
HUMAN SERVICES
Community Assistance: By the end of the 3rd quarter, Human Services staff responded to
1,688 requests for assistance (information, referral and financial). There were 1,048 calls
for rental or utility assistance, 589 calls for food, housing repair, victim assistance and
mental health, and 51 requests were from homeless individuals or families.
Minor Home Repair Program: Eleven Tukwila households have been served since July
with funds for the Minor Home Repair.
Recommendation for 2013 funding for Minor Home Repair: On October 2, The Joint
Review Committee, which recommends Community Development Block Grant funded
projects to the King County Council, recommended $125,000 for the multi jurisdictional
Minor Housing Repair Program for 2013.
Interview with National League of Cities: On October 22, Human Services staff was
interviewed for an article on Community School programs in small cities.
COMMUNITY DEVELOPMENT
Duwamish Restoration Challenge: The City has received the King Conservation District
(KCD) grant agreement for $20,000 that is to be used for the Duwamish Restoration
Challenge the public private partnership with Boeing Employees Credit Union, Forterra
and the City. The KCD grant has been signed by the Mayor and returned to the
Conservation District. The grant funds will be used to remove invasive plants, purchase new
plants, hire contractors to remove blackberries using mechanical equipment or work crews
when the invasive plants are located in difficult to reach areas too dangerous for volunteers
to work in, hiring Forterra to recruit volunteers, organize equipment and manage work
parties among other tasks. The grant requires no City match, however, City staff time
dedicated to this project will be identified in the grant reporting to illustrate the City's
commitment to the success of the project.
Duwamish Shoreline Restoration Challenge Work Party: Department of Community
Development and Parks Department staff provided support for the second Duwamish
Shoreline Restoration Challenge and work party on October 12 along the Green River Trail
in the Gateway South complex. Volunteers from BECU, AMR and other businesses
participated in activities such as removal of blackberry roots, laying and securing jute
matting, and sheet mulching.
Recycling Information Event: On October 17, the Recycling Program sponsored a well
attended recycling information forum at the Tukwila Community Center. Tukwila staff and
representatives from King County and Waste Management presented information and
answered numerous citizen questions about how to recycle more at home, and the specifics
of the new solid waste contract and services that begin on November 1.
HWA
City Administrator Report
Page 3
North Highline Annexation: The Boundary Review Board held a public hearing on
October 22 -23 regarding Tukwila's notice of intent to annex Area Q of the North Highline
Annexation area. All the businesses in the area submitted written and oral testimony
expressing their desire to be in Tukwila. King County and the City of Seattle filed briefs and
testified in opposition of Tukwila's annexation. The hearing was closed, and the Board will
deliberate again on November 8, 2012, with a determination expected in late November.
Southcenter Plan: The Planning Commission (PC) held a final work session and
completed their deliberations on the four elements of the Southcenter Plan. After
considering the public comments and amending each of the documents, they voted
unanimously to forward their recommended versions of the Southcenter Plan, Southcenter
Design Manual, Southcenter Chapter of the Comprehensive Plan and new Zoning Code
Chapter 18.28 Tukwila Urban Center (TUC) onto the Council. Staff will complete the
environmental review of the PC recommended documents and bring the package to Council
for review in 2013.
Unfinished Construction update for property at 15026 42 Avenue South: Staff from
Code Enforcement and the Assistant City Attorney met with the property owner of the
unfinished house. The owner signed a Voluntary Compliance Agreement and agreed to
three deadlines below. Additionally, the City may pursue legal action to ensure compliance.
1. Secure the structure, remove debris and cut the weed overgrowth by November 12,
2012;
2. Repair the exterior of the structure so that it appears to be occupied by
November 12, 2013; and
3. Complete all interior repairs not later than November 12, 2014.
Vacant Structure update for property at 13906 51S Avenue South: Staff from Code
Enforcement and the Assistant City Attorney met with the property owner of the vacant
structure. The owner signed a Voluntary Compliance Agreement and agreed to two
deadlines below. Additionally, the City may pursue legal action to ensure compliance.
1. Secure the structure, and fence off a portion where the structure has partially
collapsed, and ensure that all utilities have been terminated and call for an inspection
not later than October 31, 2012.
2. Either repair or demolish the structure under city- issued permits not later than
June 30. 2013.
PUBLIC WORKS
Stormwater Education: A requirement of our Phase II National Pollutant Discharge
Elimination System NPDES) Municipal Stormwater Permit is to measure a targeted
audience's understanding of stormwater. For this purpose, the City received results of the
2012 Assessment of Citizen Understanding and Adoption of Targeted Stormwater Behaviors
phone survey conducted by Hebert Research, Inc. This survey is a follow -up to a 2011
survey that targeted residents with a zip code of 98168. The 2012 survey again targeted the
same zip code and added a business community of apartments, restaurants, and
commercial customers. The residential survey showed improvements in two of the three
priority issues and the commercial survey was new, but did identify its priority issue. Both
residential and business results will be used to guide the City's education and outreach
element for the City's 2013 Surface Water Management Program. Results of this survey will
be posted on the City's NPDES web page.
Annual Fall Collection, Recycling, and Clean -up: This event was held on Saturday,
October 27 at the Tukwila Village Site and was a great success. This effort also fulfills the
Allied /Republic's community event contractual obligations.
113
City Administrator Report
Page 4
Waste Containers: Allied and Waste Management crews have completed their efforts to
swap residential, multi family and commercial garbage, recycling and yard waste containers
with relatively few exceptions. Waste Management installed 21 trash receptacles along
Tukwila International Boulevard, after working collaboratively with the Tukwila International
Boulevard Action Committee (TIBAC). The new Solid Waste contract with Waste
Management began on November 1, 2012. As with any major undertaking, there have been
startup questions, challenges and minor operational issues. Overall, Waste Management
has responded satisfactorily to the transition and their contractual obligations. Weekly
implementation meetings will continue to resolve any issues and fine tune all aspects of their
support to Tukwila.
PARKS AND RECREATION
Holiday Giving Program: Staff has partnered with the Police Department to host a
Donation (Toy, Food, and Cash) Drive at Westfield Mall's north parking lot on Saturday,
November 17, from 10:00 am to 4:00. pm. Donations will benefit the annual Holiday Giving
Program and the Tukwila Food Pantry.
Community Outreach: Staff recently attended the Cascade View Elementary School
CARE night where warm winter clothing was distributed to students and families. There
were approximately 700 people in attendance. Staff will be attending the Tukwila
Elementary School CARE Night on November 15. These events provide a great opportunity
for staff to reach out to the members of the community and provide citizens with access to
important resources.
Community Connections: Recreation Staff set up a registration table at Sports Authority in
Tukwila on Saturday, October 20. Information was distributed regarding the Parks and
Recreation Department, and registrations were accepted for this year's basketball program.
Sports Authority would like to host more registration events in the future and be a packet
pick -up location if needed.
Autumn Harvest Festival: Recreation Division staff hosted the annual Autumn Harvest
Festival at the Community Center on October 30. Approximately 410 people attended the
annual event where kids dressed up in costumes, played games, completed craft projects
and enjoyed healthy snacks. The Sister Cities Committee put on a dinner fundraiser for the
event.
TUKWILA POOL METROPOLITAN PARK DISTRICT
Our Pool turns 391 The Tukwila Pool has been in operation for 39 years as of
October 31, 2012.
Pool Improvements: The Tukwila Pool will be closed as of November 4, 2012 due to
construction beginning on November 5, 2012.
III. Responses to Council /Citizen Inquiries
Follow -up from City Council meeting of October 1, 2012 regarding the need to
advertise that Tukwila residents receive free parking at Starfire: A notice was published
in the City pages in the October edition of the Tukwila Reporter newspaper. The same
notice was also added to the City's website on the home page, TV 21, and social media
sites.
Follow -up from City Council meeting of October 15, 2012 regarding a motor home
parked in the 3900 block of South 115 Street. On October 17, officers observed the
motor home in the described area. They made contact with the owners and informed them
that they were not allowed to stay parked on the side of the road any longer. The subjects
agreed to leave.
um
Upcoming Meetings Events
November 2012
5th (Monday)
6th (Tuesday)
7th (Wednesday)
8th (Thursday)
9th (Friday)
10th (Saturday)
Civil Service
Chamber of
PIa+i+ii+ig
Duwamish River
Free Health
Commission,
Commerce
C E RAi q.qi RIA,
Shoreline
Screening
5:00 PM
Gov't.
Cancelled
Challenge
8:00 AM -12:00 PM
(CR 93)
Community
1:00- 4:00PM
(Showalter Middle
Affairs Cmte,
(Green River
School
12:00 NOON
Trail at the BECU
4628 S. 144`" St)
Transportation
(Chamber
Community
Campus -12770
Cmte,
Off ce)
Open House
p
Gateway Drive)
Council Coffee Chat
5:15 PM
(Strategic Plan)
For additional
(CR 91)
➢Finance
4:00 6:00 PM
information:
10:00 AM to
Safety Cmte,
(Tukwila
www.forterra.or•2/
12:00 Nooh
City ouncil
ty
5:15 PM
Community
Center, Social
events.
Executive
(CR 93)
Hall)
Session,
6:30 PM
Arts
Stop by and
Commission,
City Council
informally talk with a
5:30 PM
Special Meeting
Tukwila City
City Council
(Community
(Work session on
Councilmember about
Regular Mtg
Center)
Strategic Plan)
anything on your
7:00 pm
6:00 8:00 PM
mind regarding
(Council
(Tukwila
Tukwila.
Chambers)
Communi
Foster GolfLinks
General Election
Center, Meeting
Clubhouse
(13500 Interurban Ave S)
VOTE! 0
Room A)
12th (Monday)
13th (Tuesday)
14th (Wednesday)
15th (Thursday)
16th (Friday)
17th (Saturday)
Veterans Dav
Community
Utilities Cmte,
Tukwila
Holiday Gift and
(Observed)
Affairs Parks
5:00 PM
Historical
FoodDrive
Cmte,
(CR 91)
Society,
OVestfield
City offices closed
5: 00 PM
7:00 PM
Southcenter Mall
ftwom
(CR 93)
(Tukwila
North Parking lot)
Heritage
9:00 AM 5:00 PM
Cultural Center,
14475 59 Ave
The Tukwila Police
Department will be
City Council
S.)
i
collectin g f gifts
its
Committee of
the Whole Mtg.,
or monetary
donations to help
7:00 PM
support the Tukwila
(Council
Food Pantry and the
Chambers)
Tukwila Community
Center's Holiday
Tukwila
GivingProgrom.'
International
The new Police
Boulevard
Command Vehicle will
Action Cmte,
be there, and the
7:00 PM
Tukwila Police
Explorers will be doing
(Community
fingerprinting to help
Center)
keep kids safe!
Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
ContactLvnn 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 Kim Gilman at 206 -431 -2187.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3
Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206 433 -1850.
Finance Safety Committee: 1st 3rd Tues., 5:15 PM, Conf. Room #3 (A) A resolution regarding land use fees. (B) Tax levy
legislation. (C) Budget legislation. (D) Bond issuance for Metropolitan Park
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 Dave Johnson at 206 -767 -2308.
Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 6:30 PM,
Council Chambers at City Hall. Contact YVynetta Bivens at 206 431 -3670.
Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room (A) 2012 Annual Traffic Signal Program Purchase of 190
LEOTEK LED Luminaires. (B) E. Marginal Way S. Overlay Repair.
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
115
Tentative Agenda Schedule
MONTH
MEETING 1-
MEETING 2
MEETING 3
MEETING 4
REGULAR
C.O.W.
REGULAR
C.O.W.
November
5
13 (Tuesday)
19
26
See agenda packet
Public Hearin:
Unfinished Business:
Supplemental
cover sheet for this
Tax Levy Legislation.
week's agenda
Agreement for
(November 5, 2012
additional design work
Regular Meeting).
Special Issues:
for Duwamish Gardens
Update on the self
project.
funded plan.
Water and Sewer
Supplemental
Comprehensive Plans.
Agreement for
A resolution regarding
additional design work
Water, Sewer and
for Duwamish Gardens
Surface Water Rates.
project.
Water and Sewer
Comprehensive Plans.
New Business:
Collective Bargaining
A resolution regarding
Agreement.
Water, Sewer and
Surface Water Rates.
H.