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HomeMy WebLinkAboutReg 2013-03-18 COMPLETE AGENDA PACKETL .y Tukwila City Council Agenda • REGULAR MEETING • "" Jim Haggerton, Mayor Counciimembers + Joe Duffie + Dennis Robertson David Cline, CityAdministrator + Allan Ekberg + Verna Seal Kathy Hougardy, Council President + De'Sean Quinn + Kate Kruller Monday, March EXECUTIVE SESSION — 6:00 PM — 7:00 PM Potential Property Acquisition — Pursuant to RCW 42.30.110(1)(c) (60 minutes) 18, 2013; 7:00 PM • Ord #2399 • Res #1792 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. CONSENT AGENDA a. Approval of Minutes: 3/4/13 (Regular Mtg.) b. Approval of Vouchers. c. Authorize the Mayor to sign an amendment to Interlocal Agreement #12 -143 with the Tukwila Metropolitan Park District regarding long -term general obligation bonds. [Reviewed and forwarded to Consent by Finance & Safety Committee on 3/5/13.] Pg.1 4. UNFINISHED BUSINESS a. An ordinance approving and authorizing the proposed 223 Andover Park East Development Agreement with South Center WA, LLC, and authorizing the Mayor to sign and execute the agreement. b. A resolution adopting a work plan and public participation program for updating the Comprehensive Plan and development regulations. c. Authorize the Mayor to sign an Interlocal Agreement with Valley Special Weapons and Tactics (SWAT) for services to non - participating agencies. Please refer to 2/25/13 COW. packet. Q d. Tukwila Urban Center Transit Center: (1) Authorize the Mayor to sign an Interlocal Agreement with King County for the design, construction and maintenance of the Tukwila Transit Center. (2) Authorize the Mayor to sign an Interlocal Agreement with King County for the RapidRide Intelligent Transportation System. Please refer to 2/25/13 CO. W. packet. Q Pg.11 Pg.33 Pg.49 Pg.51 5. NEW BUSINESS 6. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Intergovernmental Pg.53 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Initials Meeting Date 03/18/13 Council review Prepared by M r s review CZ /90 ITEM INFORMATION ITEM No. 3.C. CAS NUMBER: STAFF SPONSOR: CRAIG ZELLERHOFF ORIGINAL AGENDA DATE: 03/18/13 AGENDA ITEM TITLE Amend Agreement Interlocal Agreement #12 -008 for the Tukwila Metropolitan Park District and # 12 -143 for the City of Tukwila. CATEGORY ❑ Discussion Mtg Date Motion Date 3/18/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date I1 Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ IT ❑ P &R ❑ Police ❑ PW ❑ DCD I Finance ❑ Fire SPONSOR'S This is a request to amend the Interlocal Agreement for issuance of Long Term General SUMMARY Obligation Bonds in 2013 rather than 2012 due to market timing. The bonds are for the capital financing project at the Tukwila Pool. The Committee is being asked to forward this item to the March 18, 2013 Consent Agenda. The MPD Board will be asked to consider this item at their meeting on March 18, 2013 as well. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DATE: 03/05/13 ►1 F &S Cmte ❑ Transportation Cmte Comm. ❑ Planning Comm. CHAIR: ROBERTSON ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Finance Unanimous Approval; Forward to Consent Agenda COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/18/13 MTG. DATE ATTACHMENTS 03/18/13 Informational Memorandum dated 02/27/13 Amended Interlocal Agreement with attachment B -2 Minutes from the Finance and Safety Committee meeting of 3/5/13 1 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Finance Director BY: Craig Zellerhoff, Fiscal Coordinator Payroll and Accounts Payable DATE: February 22, 2013 SUBJECT: Amend Interlocal Agreement with Metropolitan Park District (MPD) ISSUE Amend Interlocal Agreement for issuance of Long Term General Obligation Bonds in 2013 rather than 2012 due to market timing. The bonds are for financing the capital project at the Tukwila Pool. DISCUSSION This is a revision to the original Interlocal Agreement to correlate the verbiage in regards to the issuance of the Bonds and amount in 2013. The original agreement was for an open market sale with a 15 year repayment schedule and has been replaced with a private placement with Cashmere Bank and a 10 year repayment schedule. The agreement has been amended as follows: Section 1.7: The original amount stated in this section was not to exceed $1,100,000. This amount has been reduced to $1,000,000. Additionally, the Ordinance number has been updated to reflect the Ordinance authorizing the new amount for the Bonds. Section 2: Ordinance number and the year of the Bond sale have been updated to reflect current information. Exhibit B: The 15 year repayment schedule was incorporated in this Exhibit and has been deleted and replaced with Exhibit B -2 reflecting a 10 year repayment schedule. RECOMMENDATION The Committee is being asked to forward this item to the March 18, 2013 Consent Agenda. The MPD Board will be asked to consider this item at their meeting on March 18, 2013 as well. ATTACHMENTS Amended Interlocal Agreement 3 4 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: INTERLOCAL AGREEMENT Amendment # 1 to Interlocal Agreement #12 -008 for the Tukwila Metropolitan Park District and Agreement # 12 -143 for the City of Tukwila That portion of the Interlocal Agreement between the City of Tukwila and the Tukwila Metropolitan Park District is amended as follows: Section 1.7 is amended to read as follows: The Tukwila City Council has adopted Ordinance No. 2394 authorizing the issuance of not to exceed $1,000,000 Limited Tax General Obligation Bonds, 2013 and the execution of this Agreement to provide for the financing of the Pool Improvement Project. Section 2 is amended to read as follows: For purposes of this Agreement, the following words shall have the following meanings, unless another meaning is clearly intended. Capitalized terms not defined below shall have the meanings given in the Bond Ordinance. "Agreement" means this Interlocal Agreement for the funding of the Tukwila Pool Improvement Project, entered into by and between the City and TMPD under the authority of RCW 35.61.290 and 67.20.010. "Bond Counsel" means a firm of nationally recognized Bond Counsel selected by the City. "Bond Ordinance" means Ordinance No. 2394 of the City of Tukwila authorizing issuance of the City's Limited Tax General Obligation Bonds, 2013 (Pool Improvement Project). "Business Day" means any day that is not a Saturday, Sunday, holiday or other day on which commercial banking institutions in Washington state are authorized or obligated by law or executive order to be closed. "City" means the City of Tukwila, Washington. "Code" means the Internal Revenue Code of 1986, as amended, together with all administrative rulings and regulations promulgated or issued thereunder. "Debt Service Payment" means any payment of principal or interest (or both) with respect to Pool Improvement Project Bonds plus any premium, prepayment penalty, credit enhancement, remarketing or similar fee coming due and payable on any principal or interest payment date and not paid on issuance of the bonds. CA: 2012 Page 1 of 2 5 "Gross TMPD Revenues" means all taxes, fees, charges and other revenues received by TMPD from any source whatsoever. "Pool Improvement Project" or "Project" means the Tukwila Pool Improvement Project described in Exhibit A and incorporated by this reference. "Pool Improvement Project Bonds" the City's Limited Tax General Obligation Bonds, 2012, authorized by the Bond Ordinance. "Parties" means the City and TMPD. "Tukwila Metropolitan Park District" or "TMPD" means The Tukwila Metropolitan Park District, a municipal corporation created pursuant to chapter 36.120 RCW and a vote of the people held on August 16, 2011. "TMPD Board' means the governing board of TMPD. "TMPD Payment" means one or more payments made by TMPD under this Agreement to fund the City. Exhibit B is amended as follows: Exhibit B to the Interlocal Agreement is deleted and hereby replaced with Exhibit B -2. Exhibit B -2 is fully incorporated for all purposes of this Agreement. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CITY OF TUKWILA TUKWILA METROPOLITAN PARK DISTRICT Jim Haggerton, Mayor Verna Seal, Board President APPROVED AS TO FORM APPROVED AS TO FORM Shelley M. Kerslake, Lisa M. Marshall, City Attorney Commission Attorney 6 City of Tukwila Cashmere LTGO Bond Amortization Schedule EXHIBIT B -2 PAYMENT PERIOD BEGINNING PRINCIPAL INTEREST RATE INTEREST ENDING CASH FLOW 2/1/2013 1,000,000.00 1,000,000.00 6/1/2013 1,000,000.00 (50,731.67) 0.02 (5,833.33) 949,268.33 (56,565.00) 12/1/2013 949,268.33 (48,258.90) 0.02 (8,306.10) 901,009.43 (56,565.00) 6/1/2014 901,009.43 (48,681.17) 0.02 (7,883.83) 852,328.26 (56,565.00) 12/1/2014 852,328.26 (49,107.13) 0.02 (7,457.87) 803,221.13 (56,565.00) 6/1/2015 803,221.13 (49,536.82) 0.02 (7,028.18) 753,684.31 (56,565.00) 12/1/2015 753,684.31 (49,970.26) 0.02 (6,594.74) 703,714.05 (56,565.00) 6/1/2016 703,714.05 (46,537.07) 0.03 (10,027.93) 657,176.98 (56,565.00) 12/1/2016 657,176.98 (47,200.23) 0.03 (9,364.77) 609,976.75 (56,565.00) 6/1/2017 609,976.75 (47,872.83) 0.03 (8,692.17) 562,103.92 (56,565.00) 12/1/2017 562,103.92 (48,555.02) 0.03 (8,009.98) 513,548.90 (56,565.00) 6/1/2018 513,548.90 (49,246.93) 0.03 (7,318.07) 464,301.97 (56,565.00) 12/1/2018 464,301.97 (49,948.70) 0.03 (6,616.30) 414,353.27 (56,565.00) 6/1/2019 414,353.27 (48,277.93) 0.04 (8,287.07) 366,075.34 (56,565.00) 12/1/2019 366,075.34 (49,243.49) 0.04 (7,321.51) 316,831.85 (56,565.00) 6/1/2020 316,831.85 (50,228.36) 0.04 (6,336.64) 266,603.49 (56,565.00) 12/1/2020 266,603.49 (51,232.93) 0.04 (5,332.07) 215,370.56 (56,565.00) 6/1/2021 215,370.56 (52,257.59) 0.04 (4,307.41) 163,112.97 (56,565.00) 12/1/2021 163,112.97 (53,302.74) 0.04 (3,262.26) 109,810.23 (56,565.00) 6/1/2022 109,810.23 (54,368.80) 0.04 (2,196.20) 55,441.43 (56,565.00) 12/1/2022 55,441.43 (55,441.43) 0.04 (1,108.83) 0.00 (56,550.26) (131,285.26) 7 8 Finance & Safety Committee Minutes March 5, 2013 — Page 2 B. Interlocal Agreement: Valley SWAT Staff is seeking Council approval of a template of an Interlocal Agreement for Services to Non - Participating Agencies between member cities of Valley Special Weapons and Tactics (SWAT) and non- participating agencies to be named at a later time. The intent of the agreement(s) is to establish the responsibilities and liabilities of non - member entities that utilize the services of Valley SWAT in a mutual aid situation. Current Valley SWAT member cities are: Auburn, Federal Way, Kent, Renton, Tukwila, and Port of Seattle. Staff commented that the template agreement was created and review by City Counsels from Renton and Tukwila. UNANIMOUS APPROVAL FORWARD TO MARCH 11 COW FOR DISCUSSION. C. Interlocal Agreement Amendment: Metropolitan Park District General Obligation Bonds Staff is seeking Council approval of an amendment to the interlocal agreement with the Metropolitan Park District in regards to general obligation bonds that financed the recent capital project at the Pool. The amendment reflects changes that are essentially housekeeping in nature: • Section 1.7 — Changes original amount of $1,100,000 to $1,000,000 • Section 2 — Updates ordinance number and year of bond sale • Exhibit B — Replaces original 15 -year repayment schedule with 10 -year repayment schedule Committee Members were complimentary of the how concisely the information was presented regarding the amendment. UNANIMOUS APPROVAL. FORWARD TO MARCH 18 CONSENT AGENDA. III. MISCELLANEOUS Meeting adjourned at 6:18 p.m. Next meeting: Tuesday, March 19, 2013 — 5:30 p.m. — Conference Room #3 Committee Chair Approval Minutes bt% KAM. 9 10 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma is review Council review 02/25/13 DCS k'i if 03/11/13 DCS ❑ Resolution Mtg Date Ordinance 03/18/13 DCS ❑ Other Mtg Date Mtg Date Mtg Date 03/18/13 Mtg Date 3/11/13 SPONSOR ❑ Council ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PLY/ ITEM INFORMATION ITEM No. 4.A. aaaitionai into 11 STAFF SPONSOR: DEREK SPECK ORIGINAL AGENDA DATE: 2/25/13 AGENDA ITEM TITLE 223 Andover Park East Development Agreement (DA) CATEGORY /1 Discussion 02/25/13 ❑ Motion Mtg Date ❑ Resolution Mtg Date Ordinance ❑ Bid Award Mtg Date 0 Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date 03/18/13 Mtg Date 3/11/13 SPONSOR ❑ Council ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PLY/ /1 Mayor SPONSOR'S The owner of 223 Andover Park East (the former Circuit City property) has requested SUMMARY permission to construct buildings that would exceed the current limits for building height and residential units. The Council is being asked review the proposed DA at the 2/25/13 Committee of the Whole. If the Council has suggested changes on 2/25, they will be incorporated into the DA that will come back before the Council on 3/11/13 for a public hearing and further discussion. The Council will be asked to approve the DA on 3/18/13. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 1/28/13 I1 CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: EKBERG ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Mayor's Office Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/25/13 Forward to 3/11/13 Committee of the Whole meeting 03/11/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 02/25/13 Informational Memorandum dated 1/23/13 Letter from Omar Lee dated 1/17/13 Conceptual sketches from Mulvanny G2 architecture firm dated 1/23/13 Mass and scale sketches dated December 2012 Ordinance authorizing the Development Agreement Draft Development Agreement Minutes from the Community Affairs and Parks Committee meeting of 1/28/13 03/11/13 As above 03/18/13 Ordinance in final form, with Development Agreement in track - changes format and aaaitionai into 11 12 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE PROPOSED 223 ANDOVER PARK EAST DEVELOPMENT AGREEMENT WITH SOUTH CENTER WA, LLC, A WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter 18.86 authorize development agreements between the City and persons having ownership or control of real property in order to establish development standards to govern and vest the development, use and mitigation of real properties; and WHEREAS, the City of Tukwila and South Center WA, LLC wish to enter into a Development Agreement for the 223 Andover Park East development, a copy of which is attached hereto as Exhibit A; and WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was conducted on the 11th day of March 2013 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council, pursuant to City Ordinance No. 2399, approved this Development Agreement as proposed and authorized execution of this Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The 223 Andover Park East Development Agreement by and between the City of Tukwila and South Center WA, LLC, a copy of which is attached hereto as Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Tukwila. W: Word Processing \Ordinances\223 APE DA 2 -20 -13 SK:bjs Page 1 of 2 13 14 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 , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Exhibit A — Development Agreement W: Word Processing \Ordinances\223 APE DA 2 -20 -13 SK:bjs Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 DEVELOPMENT AGREEMENT FOR THE 223 ANDOVER PARK EAST DEVELOPMENT THIS DEVELOPMENT AGREEMENT ( "Development Agreement") is entered into as of the day of , 2013 by and between the City of Tukwila, a municipal corporation operating under the laws of the State of Washington as a non-charter code city (the "City"), and South Center WA, LLC, a Washington limited liability company ("Developer"), pursuant to the authority of RCW 36.70B.170, et seq. and Chapter 18.86 of the Tukwila Municipal Code, and in consideration of the mutual benefits to be derived. The City and Developer are sometimes collectively referred to in ' this Development Agreement as the "Parties," and individually as a "Party." The Parties have entered into this Development Agreement with reference to the following facts: I. RECITALS WHEREAS, RCW 36.70B.170, et seq. and FMC Ch. 18.86 authorize development agreements between the City and persons having ownership or control of real property in order to establish development standards to govern and vest the development, use and mitigation of real properties; and WHEREAS, the site of this development is located in the core of the Tukwila Urban Center, between Westfield Southcenter Mall and the Sounder Commuter Rail Station; and WHEREAS, the proposed development is for the construction of h---p-aof—attitched, 17 s-tiffy—buildings which would-be two buildings 141212 180 feet in height aithal would comprise approximately 170 hotel guest rooms and .2-8925Q residential units; and WHEREAS, this site lies within the core of Tukwila's Urban Center (TUC). The Tukwila Urban Center Element of the Comprehensive Plan outlines a vision for the TUC to be a "great place for working, shopping, doing business, living, or playing." One of the noted future features is "a core area of high quality, walkable retail, entertainment, housing, public spaces, and employment.." This site is located in the TUC core and would add housing that is walkable to transit, retail, and entertainment; thus, it supports the Comprehensive Plan; and WHEREAS, Tukwila's Urban Center is one of the region's 17 designated urban centers. The Countywide Planning Policies defines and envisions urban centers as areas of concentrated employment and housing with direct service by high-capacity transit. This proposed development would place concentrated employment and housing within the core of the Tukwila Urban Center and helps the City meet the intended purpose of the urban center; and WHEREAS, this development will be a catalyst to create a pedestrian friendly, walkable neighborhood in the core of Tukwila's Urban Center. People who would choose to stay or live in this development would do so for the convenient access to the freeways but also for the 1 15 convenience of walking to restaurants, entertainment, shopping, buses, and the commuter rail station; and WHEREAS, the development will be of high quality and will improve the image of Tukwila's Southcenter District and identity for the entire City; thereby having the potential to attract further high quality development; and WHEREAS, Thisthe development will stimulate additional residential development in the area by demonstrating the financial feasibility of this type of development and demonstrating demand for high quality housing stock; and WHEREAS, residential units will assist the Ciiy in meeting its housing targets as required by the Growth Management Act and as deternUned through King County's Countywide Planning Policies; and WHEREAS, the City has a goal to encourage ownership of housing as a method to foster stability in our population and schools. This project would be developed with the ability to readily convert to condominiums; and WHEREAS, as required pursuant. to TMC 18.86.050, a public hearing was conducted on the 1 lth day of March, 2013 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council, pursuant to City Ordinance No. approved this Development Agreement as proposed and authorized execution of this Development Agreement; and WHEREAS, pursuant to TMC 18.86.080, the decision of the City Council to approve or reject Developer's request for a development agreement is a discretionary, legislative act; and WHEREAS, the Parties desire to enter into this Development Agreement upon the terms and conditions as set forth herein, NOW, THEREFORE,', in consideration of the mutual agreements contained herein, as well as other valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the City and Developer hereby agree as follows: H. AGREEMENT Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals are true and correct to the best of their knowledge and are incorporated by this reference as though fully set forth herein. Section 2. Project Description. This development involves the construction of two attached. 17-: .'41:p to two eig,hteen story buildings and related parking facilities. The 2 16 Property is located within the Tukwila Urban Center. Exhibit A (legal description) and B (site map). t i-IlThe current anticipated use of the ro )ert consists of approximately 170 hotel guest rooms and -N2,-0350 residential units, as well as related parking facilities. Section 3. Statement of Authority and Intent. This Development Agreement is entered into pursuant to the authorization of RCW 36.70B.170 and TMC 18.86 and is intended and designed to vest this development to certain terms and conditions. Other than those terms and conditions specifically identified in this Agreement, the City's regulatory codes in effect at the time of a complete building permit application are accepted by the City shall apply. Section 4. Development Standards; Conditions. 4.1 Effective Period of this Agreement. This Development Agreement shall be valid until December 31, 2015. If Developer has not Submitted, and the City has not accepted, a complete building permit application and building permits have not beensvee development may iny for the a development by that date, this Development Agreement shall be void n ci de occur on the subject site pursuant to the then-adopted development regulations 4.2 Application of Development Standards. RCW 36.70B.180(3)(d) and TMC 18.86.030 authorize the establishment of design standards by a development agreement. More specifically, TMC 18.86.030 provides that, a development agreement may allow development standards different from those otherwise imposed under the Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications that provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards. Pursuant thereto and during the Effective Period, the provisions of this Section 4 set forth the development standards that differ from or supplement those Standards set forth in the City's development regulations. Accordingly, the following developinent standards shall apply to and govern and vest the development and use of the Project in lieu of any conflicting or different standards or requirements elsewhere in the Governing Regulations. 4.3 Additional Building Height. The maximum building height for 50 percent of the site shall be 180 feet. , The remainder of the site would be limited in height by the zoning code in effect that the time of a complete building permit application. This increase in building height is consistent with the goals ()f the Comprehensive Plan to encourage residential development within the Urban Center and is consistent with the City's vision of increased urban density. 4.4 Residential Units. The development must include at least 250 but no more than 450 residential units. Gi-ty will allow icing units to bfro1i-41-uetekle-fi4h-e Site. 4.5 Condominium DecIaratiomIem In order to receive a Certificate of Occupancy the Developer must €1-efta+. provide the Cit a co _y of a Washington condominium declaration nit', been recorded for all residential units built, along with the survey 3 17 map and plans, which show surveying data for the overall parcel, as well as details of buildings and the location of units. These documents do not have to he recorded but must otherwise be in conformance with RCW 64.34 et seq. In addition, each residential unit must have an individual electric meter. „ nt plan.' ie—C° y—fe* feSidC. C * on St-ate Section 5. Major and Minor Amendments - Development Agreement. All proposed amendments to the Development Agreement shall be considered in accordance with this Section 5. 5.1 Process. The Mayor may approve Minor Amendments to the Development Agreement proposed by the City or Developer and mutually agreed to by the Parties. Such approval shall be in writing and the resulting ,amendment shall be incorporated into this Development Agreement as an amendment. The City Council may approve Major Amendments to the Development Agreement in accordance with the same process for approval of the Development Agreement. A Major Amendment to 'the Development Agreement approved by the City Council, and mutually agreed to by the Parties, shall be incorporated into this Development Agreement as an amendment pursuant to Section 21 hereof. 5.2 Minor Amendment Defined. A proposed amendment to the Development Agreement shall be considered a minor amendment if the proposed amendment does not modify the Governing Regulations or Section 4 (Development Standards; Conditions) hereof, does not materially modify the size or scope of the development, and does not modify the Vesting Period or term of this Development Agreement. 5.3 Major Amendment Defined. A proposed amendment me t amendment etnhdeDnet does not Agreement shall be considered a Major Amendm .f the e p o p os constitute a Minor Amen drnent. 5.4 Determination. An application for a Minor Amendment shall be made to the Mayor. The application shall describe the proposed Minor Amendment in sufficient detail such that the Mayor can determine whether or not the proposal qualifies as a Minor Amendment. If the application does not provide sufficient information, the Mayor may request additional information from the Developer or reject the application. Upon receipt of sufficient information to determine if the proposal set forth in the application constitutes a Minor Amendment, the Mayor shall determine if the proposal constitutes a Minor Amendment. In the event that the Mayor determines that the proposed amendment is a Minor Amendment, the Minor Amendment may be administratively approved by the Mayor. In the event that the Mayor determines that the proposal constitutes a Major Amendment, the Developer shall submit the proposal in accordance with the same process for approval of a Development Agreement, withdraw its proposed amendment, or modify and re-submit its proposed amendment. The determination of the Mayor shall be a final decision. 4 18 Section 6. Further Discretionary Actions. Developer acknowledges that the Development Agreement contemplates the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of permit applications under SEPA. Nothing in this Development Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City and any of its officers or officials in complying with or applying Governing Regulations and the development standards and conditions set forth in Section 4 hereof. Section 7. Existing Land Use Fees and Impact Fees. Generally applicable land use fees and impact fees adopted by the City by resolution or ordinance as of the effective date of this Development Agreement may be increased by the City f to time, from time o , and the new fees applied to subsequent permits and approvals for the Property. Section 8. Specific Performance. The Parties specifically agree that damages are not an adequate remedy for breach of this Development Agreeme.iir;f; and that the Parties are entitled to compel specific performance of all material terms of this evelopment Agreement by any Party in default hereof. Section 9. Termination. This Development Agreement shall expire and/or terminate on the earlier of the termination/expiration provisions set forth as follows: 9.1 This Development Agreeinent shall terrninate upon the expiration of the Effective Period identified in Section 4 hereof. 9.2 Upon termination of this Development Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Development Agreement has been terminated. Section 10. ,'Assignment and Assumption. The Developer shall not have the right to sell, assign or transfer iliislpevelopment Agreement with all its rights, title and interests therein to any person, firm or corporation at any time during the term of this Development Agreement ovided that,tlie,Develo rier assign, or transfer this Development Agreement with all its hts, title, and -rests therePir to any firm or corporation in which the Develpper has a majority interest. Developer shall provide the City with written notice of any intent to sell, assign, or transfer or a portion of the Subject Property, at least 30 days in advance of such action. Section 11. Covenants Running With the Land; Recording. The conditions and covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the Parties. The Developer, and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Development Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a 5 19 Developer contained in this Development Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned or transferred to it. Section 12. Amendment to Agreement; Effect of Agreement on Future Actions. This Development Agreement may be amended by mutual consent of all of the Parties, provided that any such amendment shall follow the process established for Major and.Minor Amendments as set forth in this Development Agreement. Section 13. Releases. Developer, and any subsequent owner, may be released from further obligations relating to the sold, assigned, or transferred portion of the Property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Development Agreement as provided herein. Section 14. No Third-Party Beneficiary. This Development Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors an d assigns. No other person shall have any right of action based upon any provision of this Development Agreement. Section 15. Interpretation. The Parties intend this Development greement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.708.170, et seq., and this Development Agreement shall be construed to exclude from the scope of this Development Agreement and to reserve to the City, only that police power authority ority which is prohibited by law from being subject to a mutual agreement with consideration. This Development Agreement has been reviewed and revised by legal counsel for both Parties, an d no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Development Agreement. Section 16. Notice. All communications, notices, and demands of any kind that a Party under this Development Agreement requires or desires to give to any other Party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the 0ty: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Attn: Mayor's Office With a copy to: City Attorney City of Tukwila Kenyon Disend, PLLC 20 6 11 Front Street South Issaquah, Washington 98027-3820 General: 425-392-7090 Fax: 425-392-7071 If to Developer: South Center WA, LLC 18230 East Valley Highway, Suite 195 Kent, WA 98032 425-251-1600 Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered forty-eight (48) hours after deposited. Any Party at any time by notice to the other Party may designate a different address or person to which such notice or communication shall be given. Section 17. Excusable Delay (Force Majeure). In addition to specific provisions of this Development Agreement, and notwithstanding anything to t e contrary in this Development Agreement, neither Party shall be in default in the P erfoimance or the failure of performance of e its obligations under this Development Agre ment or in the delay of its performance, where such failure or delay is due to war, insurrection, strikes, lock-outs or other labor disturbances, one or more acts of a public enemy, war. riot, sabotage, blockade, embargo, floods, earthquakes, fires, quarantine restrictions, freight em arioes lack of transportation, court order, delays or failures of performance by any governmentarl authority or utility company (so long as the Party seeking the extension has adequately comp with the applicable processing requirements of such governmental authority or utility companley), wdelays resulting from changes in any applicable laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any governing body with jurisdiction, delays resulting from the weather or soils conditions which r necessitate delay, delays resulting from 'ligation (including suits filed by third parties concerning or arising out of this g Development Agreement) or any other cause (lack of funds of Developer. Developer's inability to finance the construction of the development, and Developer's inability to lease the Improvemen t s, are not causes beyond the reasonable control or without the fault of Developer) beyond the reas.onbabillie t control or without the fault of the Party claiming an extension of time to perform or an inability performance. The extension of time for any cause shall be from the time of the event exists or rise to such period of delay until the date that the cause for the extension no longer emits r is no longer applicable, in each case as evidenced by a notice from the Party claiming the extension. An extension of time for the duration of such event will be deemed granted if notice by the Party claiming such extension is sent to the other as to any of the above causes other than Permit Delays, within 10 days from the commencement of the cause and such extension of time is not rejected in writing by the other Party within 10 days of receipt of the notice (such lextension of time is referred to herein as "Force Majeure"). Times for performance under this Development Agreement may also be extended in writing by the City and Developer in accordance with Section 11 herein. 7 21 Section 18. Indemnification. Except as otherwise specifically provided elsewhere in this Development Agreement and any Exhibits hereto, each Party shall protect, defend, indemnify and hold harmless the other Party and their officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are and by or result from any negligent act or omission of the Party's own officers, agents, atn em loyees in performing services pursuant to this Development Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a Party, the Party whose ynegligent action or omissions gave rise to the claim shall defend the other Party at the indemnifying itsgParty's sole cost and expense; and if final judgment be rendered against the other Party and officers, agents, and employees or jointly the Parties and their respective officers, afgenhs,saanmde;emplOyees, the Parties whose actions or omissions gave rise to the claim shall satisfy y tme provided that, in the event of concurrent negligence, each Party shall indemnify an. hot the other Parties harmless only to the extent of that Party's negligence. The indemnification City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. Section 19. Applicable Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordantcei with the laws of the State of Washington. If litigation is initiated to enforce the terms o f h Developinent Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys fees fees and costs from the non-prevailing Party. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Western Washington. Section 20. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a Party, or successor or assign of Developer, to challenge this Development Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or successor(s), or assign(s). In such event, Developer and/or such successor(s) or assign(s) shall hold the ';City harrnless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including, but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer and/or such successor(s) or assign(s) shall not settle any lawsuit without' the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 21 . S everability. If any phrase, provision or section of this Development Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Development Agreement is rendered invali d or unenforceable according to the terms of any statute of the State of Washington which became effective after the effective date of the ordinance adopting this Development Agreement, and either Party in good faith determines that such provision or provisions are material to its entering into this Development Agreement, that Party may elect to terminate this Development Agreement as to all of its obligations remaining unperformed. 8 22 Section 22. Authority. Each Party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Development Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Development Agreement. Section 23. Exhibits and Appendices Incorporated. Each Exhibit attached hereto or referenced is incorporated herein by such reference as if fully set forth herein. Section 24. Headings. The headings in this Development Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Development Agreement. Section 25. Time of the Essence. Time is of the essence of this Development Agreement and of every provision hereof. Unless otherwise set forth in this Development Agreement, the reference to "days" shall mean calendar day t s. If any time for action occurs on a weekend or legal holiday in the State of Washington, then the time period shall be extended automatically to the next business day. Section 26. Entire Agreement. This „, Development Agreement, and the DDA referenced herein, represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein and this Development Agreement supersedes all previous agreements, oral or written. HIS SECTION INTENTIONALLY LEFT BLANK 9 23 AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to the Terms of this Development Agreement by signing below: Attest: By: CITY: CITY OF TUKWILA, a municipal corporation By: Jinvii4ggerton •Mayor Christy O'Flaherty, City Clerk Approved As To Form: By: 24 Shelley Kerslake City Attorney DEVELOPER: South Center WA, LLC By: 10 Omar Lee Manager STATE OF WASHINGTON ) )ss COUNTY OF On , 20_, before me, the undersigned, a Notary Public, personally appeared JIM HAGGERTON, personally known to me (or proved to me on the basis of satisfactory evidence) as the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. STATE OF WASHINGTON ) )ss COUNTY OF , WI I NESS niy hand and official seal. Print Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: On ' 20 before me, the undersigned, a Notary Public, personally appeared OMAR LEE, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persOniWhose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, as MANAGER OF SOUTH CENTER WA, LLC, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. WI I NESS my hand and official seal. Print Name: NOTARY PUBLIC in and for he State of Washington, residing at My commission expires: 11 25 Exhibit A Exhibit B EXHIBITS: Legal Description of Property Depiction of the Property 26 12 Exhibit A Legal Description of the Property ANDOVER INDUSTRIAL PARK # 2 PORTION OF TRACT 9 - BEGIN NW CORNER TH SELY ALONG CURVE TO LEFT RADIUS OF 573.69 FT CENTER BEARING N 86 -37- 32 E ARC DISTANCE OF 15.07 FT TO POB TH S 88 -25 -27 W 208.90 FT TH S 88 -25- 14 E 140.09 FT TH S 88 -25 -27 E 224.93 FT TAP ON E LINE OF TRACT 9 TH ALONG PERIMETER OF TRACT 9 S 01 -05 -08 W 273 FT TH N 88 -25 -27 W 505.43 FT TH N 14 -39 -30 W 184.47 FT TH ALONG CURVE TO RIGHT RADIUS OF 573.69 FT ARC DISTANCE OF 97.91 FT TO POB 13 27 28 0010 .5Gbb0 St 0031 10' UTIL. ESMT. Exhibit B Depiction of the Property 14820 SF 0032 78 2 5 6.5 32530 SF 0037 152.01 32537 SFk\ 0038 -)e, 9S 0 I 30 BAKER BLVD 90 a M 173.34 142.10 UTIL. ESMT. TR. 8 STRIAL PARK NO. 2 49757 SF 1.14 AC 008.5 33392 SF:r 0087 0 a/ r1 C a1 W` ct a, LLfl Z' of mi 575.27 52134 SIT 0080 33 -25 -27 6d 212237 S 4.87 AC 0075 148507 SF 3.41 AC 0090 Subject Propert 022320 ANDOVER INI PARK NO. 3G:; 14 g-25 -27 y 2 USTRIAL REF. TOY. BLA k L94-0026 04052 3 m 0 m 29 30 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Derek Speck, Economic Development Administrator DATE: March 14, 2013 SUBJECT: 223 Andover Park East Proposed Development Agreement ISSUE Attached is a proposed development agreement for 223 Andover Park East that has been revised from the version that was in the previous Council packets. This memo explains the revisions. BACKGROUND The owner of 223 Andover Park East (the former Circuit City site) has asked the City for permission to construct up to two buildings that would exceed the height and residential use zoning limits at that site. More background details are available in the staff memo that was included in the Council packet on February 25, 2013 and March 11, 2013. DISCUSSION Following are the significant revisions in the proposed development agreement: Section 4.4— The residential range now sets a minimum of 250 units and a maximum of 450 units. The developer's current concept includes approximately 350 residential units. The minimum is intended to meet the City's desire for a minimum number of residences. The maximum is intended to meet the City's desire to avoid excess density while balancing the developer's desire for flexibility. Section 4.5— Under the revised language the developer is not required to record the condominium declaration, survey and map now but only to create it and provide the City a copy. This change is intended to meet the developer's need to get construction and permanent financing since it is likely a lender would not be interested if the project must be recorded as condos. Creating the declaration, survey and map at this point does not guarantee the units will become condominiums but makes the conversion process easier and more likely. Section 4.5— The language related to the water intrusion system was removed because upon further research, staff has confirmed that State law applies the same water intrusion design and inspection standards for construction of multiunit residential buildings permitted after August 1, 2005 (RCW 64.55.005). Thus, there is no higher standard in the building codes for condominiums as compared to apartments for water intrusion. Section 4.5— The language now requires each residential unit to have a separate electric meter. This requirement is intended to balance the City's desire for the units to be convenient to 31 32 INFORMATIONAL MEMO Page 2 convert to condominiums while meeting the Developer's desire for flexibility in determining the design of the other utilities at a later date. Section 10 — The language better clarifies the original intent which is to grant the development rights only to the Developer while allowing the Developer to put the development into another form of organization such as a limited liability corporation. Condominium Standards — The Council asked questions and expressed interest in the development being constructed to condominium standards. Upon further research, staff has confirmed that Washington State does not allow building code standards to be different for condominiums as compared to apartments (RCW 63.34.050). Developers can choose to build apartments or condominiums to higher standards than are required by the building code. That is typically decided by the developer through consultation with their architect. Other than the requirement for an electric meter for each residential unit, this proposed development agreement does not require standards above the State building code so that the developer can make those decisions when they have more information later in the design process. RECOMMENDATION The Council is being asked to approve the development agreement at the March 18, 2013 Regular Meeting. ATTACHMENTS Revised proposed development agreement W: \Derek \Circuit City Site \Council Memo 032513 V3.doc COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 03/11/13 RF Plan Update 03/18/13 RF ❑ Motion Mtg Date ❑ Ordinance Mtg Date 0 ❑ Bid Award Mtg Date ❑ Other Mtg Date CATEGORY -1 Discussion 0 Resolution /1 Public Hearing Mtg Date Mtg Date 03/18/13 Mtg Date 03/11/13 ITEM INFORMATION ITEM No. 4.B. 33 STAFF SPONSOR: JACK PACE ORIGINAL AGENDA DATE: 3/11/13 AGENDA ITEM TITLE Process for completing 2015 Comprehensive Plan Update 03/11/13 ❑ Motion Mtg Date ❑ Ordinance Mtg Date 0 ❑ Bid Award Mtg Date ❑ Other Mtg Date CATEGORY -1 Discussion 0 Resolution /1 Public Hearing Mtg Date Mtg Date 03/18/13 Mtg Date 03/11/13 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW Il DCD SPONSOR'S The Washington Growth Management Act requires the City of Tukwila to review and if SUMMARY necessary, update its Comprehensive Plan and development regulations by June 30, 2015. The Council is being asked to approve the process, including work plan and public participation program, that will be followed during the review and update. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 2/25/13 0 CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: EKBERG ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURIl REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/11/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 03/11/13 Informational Memorandum dated 02/19/13 Resolution in Draft Form, with attachments Minutes from the Community Affairs and Parks Committee meeting of 02/25/13 03/18/13 Resolution in final form 33 34 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A WORK PLAN AND PUBLIC PARTICIPATION PROGRAM FOR UPDATING THE COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS, PER RCW 36.70A.130. WHEREAS, the Growth Management Act (GMA) of 1990 establishes statewide goals, guidelines and procedural requirements to guide the development, coordination and implementation of long -range plans; and WHEREAS, the City of Tukwila, King County and other jurisdictions within King County adopted Countywide Planning Policies to provide a general framework for the implementation of the GMA in King County; and WHEREAS, in order to implement the requirements and goals of the GMA and the Countywide Planning Policies, the City of Tukwila adopted a Comprehensive Land Use Plan and Zoning Code in 1995, with appropriate public notice, involvement and environmental review; and WHEREAS, Tukwila Municipal Code Chapter 18.80 establishes a public process for amending the Comprehensive Plan; and WHEREAS, the Comprehensive Land Use Plan, Zoning Code and associated development regulations have been amended regularly since adoption with public notice, involvement and environmental review; and WHEREAS, the Washington State Growth Management Act requires Tukwila to review and, if needed, revise the Comprehensive Plan and development regulations by June 30, 2015, to ensure they comply with the requirements of the Growth Management Act; and WHEREAS, the Comprehensive Land Use Plan, Zoning Code and other development regulations are reviewed and analyzed to determine needed revisions based on GMA compliance per RCW 36.70A.130; and W: \Word Processing \Resolutions \Work Plan adopted for Comp Plan update 2 -20 -13 RF:bjs Page 1 of 2 35 36 WHEREAS, a public participation program has been developed to provide the public with an opportunity to comment on the review and suggest needed revisions to the Comprehensive Plan and regulations; and WHEREAS, a work program has been prepared to complete any needed revisions to the Comprehensive Plan and development regulations by June 30, 2015; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Public Participation Program and the Work Program for the 2015 City of Tukwila Comprehensive Plan Update, copies of which are attached hereto as Attachment A and Attachment B respectively, are hereby approved as the basis for developing amendments for the Comprehensive Land Use Plan. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney Attachments: - Attachment A, Public Participation Program - Attachment B, Work Program W: \Word Processing \Resolutions \Work Plan adopted for Comp Plan update 2 -20 -13 RF:bjs Page 2 of 2 Attachment A PUBLIC PARTICIPATION PROGRAM 2015 COMPREHENSIVE PLAN /DEVELOPMENT CODE UPDATE The 1990 Growth Management Act (GMA) requires "early and continual citizen participation" in the development and updates of local comprehensive plans. A specific goal of the GMA is to "Encourage the involvement of citizens in the planning process." The basic legal requirement for public participation is spelled out in RCW 36.70A.140, which states that every jurisdiction: "shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans." The GMA does not dictate specific methods to achieve citizen participation because the law was intended to be a bottom up approach. There is considerable flexibility in how this is accomplished. In addition to being required by the GMA, public participation is a good business practice. Like good customer service, a good public participation program builds trust and credibility and can earn the respect of involved citizens. Ultimately it results in better and more responsive services to meet the needs of citizens. Although participants might not like the fact that their suggestions were not implemented, they deserve to be told the reasons. The majority of people understand that not all their ideas or suggestions can be implemented. When comments are considered fully and the decisions are based upon all of the available facts, most people will be satisfied with the process, if not the results. ROLES AND RESPONSBILITIES: City Council: The City Council will provide policy guidance and is the final decision maker for the Comprehensive Plan update. The Council will receive periodic briefings on the update, review the Planning Commission recommendation, and adopt amendments to the Comprehensive Plan. A public meeting /hearing on the work plan /public involvement process, open house on recommended changes and hearing will provide public involvement opportunities. The public will be notified of events on the City's website, through direct mailings or email, and legal notices. 37 Planning Commission: The Planning Commission will provide policy recommendations for the update and ensure that the public is involved throughout the process through an open house and hearings. The public will be notified of events through direct mailings, legal notices and information on the City's website. Public Review Schedule 1st Quarter, 2013 • CAP and COW briefings re GMA revision process & scope • City Council public hearing on resolution /work plan /public process • Planning Commission briefing re Growth Management Act, process to update Comprehensive Plan 2nd Quarter, 2013 • State Environmental Policy Act (SEPA) review for 2013 Comprehensive Plan • Planning Commission Public open house • Planning Commission work sessions • Planning Commission public hearings 3'd & 4th Quarters, 2013 • Public Open House • City Council briefings • City Council hearing Late - 2013 —Early 2014 • Public input on issues, draft policies Mid -2014 to Late 2014 • Public /Planning Commission review Late 2014 -Early 2015 City Council Public hearings on Plan update ADDITONAL OPPORTUNITIES FOR PUBLIC INVOLVEMENT Not all of the tools to engage the public will be right for every planning project. With limited time and resources, Tukwila must ensure the tools selected are cost effective and can meet intended objectives. It is important to incorporate public participation techniques that are best suited for the element being reviewed. Some methods are better for getting information to the public and others are better at obtaining information from the public. Both are important aspects to a public participation strategy. In addition to the public open houses, hearings and meetings associated with the Planning Commission and City Council (above), a variety of methods may be used depending on the topic, circumstances and /or available resources to bring the public into the process, broaden outreach and solicit input on update issues. The Program may be reviewed and refined throughout the Review. 38 Methods for Informing the Public: A. Brochures: Brochures can be used as flyers, self - mailers, hand -outs, downloaded documents or emailed messages. Tukwila may use brochures to provide information on a specific topic. B. Cable Access: Tukwila uses its cable station to provide information to residents and businesses. This is an opportunity to reach citizens who would not normally be involved in the process. It provides another opportunity to educate the public about the issues under consideration. C. Flyer /Insert: A flyer /insert is a means to get the word out about community issues. A flyer /insert can be sent through a paid mailing, but can also be included in utility mailings. Flyers may be targeted to specific neighborhoods that may be affected by a particular plan element. D. Newsletters: A newsletter offers a chance to send a message and provide information to a section of the citizenry. Staff will prepare regular articles for "The Hazelnut" newsletter. Articles for inclusion in organizational newsletters can also be submitted to business, church and civic groups for publication in their periodic bulletins. E. Newspaper Articles: A newspaper article is an effective way to gain the attention of the public by discussing the community development /planning issue, diverging alternatives, and the central issues. Staff will prepare regular articles for "The Tukwila Reporter." F. Posting Public Notice: Posting a public notice is a legal requirement for advertising public hearings. It occurs by site posting and advertisement in the local newspaper. This technique is used for both long -range and current planning projects. Hearings and proposals that apply city -wide are posted on the City website, and advertised in the paper. G. E -mail: Email is a communication tool providing a direct link into community development activities and updates. An email list of those interested in the Comprehensive Plan update will be developed. Community members and staff can engage directly via email. H. Mapping Tools: Maps show geographical information allowing residents and businesses to see and point out areas where they want to see housing /development changes. The City of Tukwila uses the Northwest Maps program that is available to the public. 39 Methods for Obtaining Information from the Public: A. Citizen Advisory Committees: Special committees are established to provide ideas and guidance on a specific topic. Citizen advisory committees can be especially effective for issues that require specialized expertise or difficult/controversial topics. DCD has established the Tukwila Tree and Environment Advisory Committee to provide and Urban Forestry and Natural Environment focus. It began meeting in the 3rd quarter, 2012, and is expected to meet through 2nd quarter, 2013. B. Citizen Surveys: A citizen survey is a kind of opinion poll which typically asks residents or business people their views on local issues. It may include planning /community development preferences, and as well as gauging satisfaction evels with current activities. These kinds of surveys can be done in person or by mail, telephone or on the internet. In updating the Manufacturing /Industrial Center Element, staff conducted a survey which was: 1) mailed to all businesses in the MIC; 2) posted on the City's website; 3) administered by phone; and 4) administered in person to a representatives of MIC businesses. C. Public Hearing: A public hearing is a special meeting that provides a more structured setting and process for the public to comment on proposed policies before officials make a final decision. It is a recorded and formal process that is open to the public. All citizens are invited to present their views for the public record, both verbally and in writing, before the hearing body makes its decision. Comprehensive plan policies and elements have hearings before the City Council and the Planning Commission, with the City Council making the final decision. D. E- Surveys: An E- Survey is a way to engage people online. It could be a short series of "check the box" questions from commercial sources such as Survey Monkey. Methods for Informing and Obtaining Information: A. Community Workshops: Workshops are a popular citizen participation method that encourage sharing of ideas and opinions. These are typically smaller groups, and the ideas that are expressed are documented in a written report which is discussed by all attendees at the end of the session. 40 B. Community Fairs: A booth at a community event can be a way to reach out to people who might not normally participate in community meetings or even know about a certain community issue. This process has been effective in getting brochures and information out to the public. This technique can be used at community events such as the annual Backyard Wildlife Fair. C. Meeting in a Box: The Meeting in a Box concept began in the 1990s as a way to take planning information to residents. It is a self - guided and individually hosted workshop that contains an instruction manual, a short video, brochures and maps. It could be applicable for citizens who wish to host neighborhood meetings or homeowner associations wanting to involve members in planning issues. This technique is very expensive and labor intensive. D. Open House: The open house is an opportunity for the public and City staff to interact around specific topics in an unstructured format. Citizens and staff members share information and ideas. Open houses will be held prior to Planning Commission and City Council hearings. E. Outreach Ambassadors: Tukwila has recently received a grant to for Community Liaison Officers. This or a similar program to utilize cultural and language specialists who are part of the diverse community will be an opportunity to engage individuals who are not normally able to engage in Comprehensive Planning. F. Public Meetings: Public meetings are a hallmark of public participation and can be an early step in the citizen participation process. Open access to regular public meetings of commissions, such as the Planning Commission and committees allows for technical information to be shared, opportunities and pathways for citizen participation. G. Dedicated Website: Tukwila's website provides the opportunity for display of all Comprehensive Plan update work on the internet for public review. Agendas and hearing notices are posted at the same time that they are advertised in the paper. Planning documents including staff reports about the plan and development code revisions are placed online to review the history the update, and review all of the pertinent documents related to the decision. A portion of Tukwila's website is dedicated to the Comprehensive Plan, and will be upgraded to include information about the Plan update, to solicit comments from the public and gather names for an email list of interested parties. H. SEPA review and comment period: Information about environmental impacts of specific actions /policies, and notice of environmental review is provided to the public, with requests for comment. A scoping meeting will be held for environmental work pertaining to the Southcenter Plan update. 41 I. Social media: The internet has made a whole new social network possible involving individuals who may be difficult to reach through other media. Use of social media tools on the internet may reach people who have not previously been engaged in community development activities through conventional methods. Some tools include Facebook, RSS feeds and similar internet social network tools. These methods could be used provided they are consistent with City policy regarding social media. J. Other opportunities will be considered and used as appropriate. 42 Attachment B WORK PROGRAM 2015 UPDATE COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS The City is required to take action to review and, if needed, revise the City's Comprehensive Plan and development regulations to ensure compliance with the requirements of the Growth Management Act (RCW 36.70A. 130 (1) by June 30, 2015. Tukwila is carrying out its review over several years, and updating several elements at a time. Updates to the Shoreline policies and the Manufacturing /Industrial Center elements were completed in 2011. The Southcenter Sub -Area Plan work is ongoing, and will be reviewed separately in 2013. In 2013, the City will consider the Utilities, Capital Facilities, Transportation and Natural Environment elements. The Community Image element may also be considered, and an updated narrative added to the Shoreline element. Tukwila Urban Center element policies, which inform the Southcenter Sub -Area Plan, have already been reviewed and recommended by the Planning Commission. The City Council will consider them as part of the Comprehensive Plan review. Additional elements will follow in 2014 to work toward the adoption date of June 30, 2015. The document will also be edited and reformatted to make it more consistent, user - friendly and accessible. This work plan document summarizes the results of the compliance review of the Capital Facilities, Natural Environment, and Community Image, Transportation, Utilities elements. It identifies portions of the plan where revisions are known to be necessary in order to comply with the state Growth Management Act (GMA), parts of the plan that need to be updated to accommodate new metrics, as well as those portions of the Comprehensive Plan elements where revisions are desired to incorporate guidance from Tukwila's Strategic Plan's goals and priorities. Review was based on the following assumptions: • Primary goals and objectives will be maintained from the current Plan; • Updates will focus on elements that require updating per changes to the Washington Growth Management Act, and Countywide Planning Policies; • Tukwila Strategic Plan's vision and goals will be reflected and incorporated in the Comprehensive Plan. • Policies and descriptions will be updated, simplified and edited to increase clarity and consistency throughout the document. • The format will be updated to improve on -line functionality and attractiveness. • The document's elements may be reorganized and /or consolidated for greater readability and conciseness. 43 As a result of this review, staff has identified the following elements to be revised in 2013 through the June 30, 2015 deadline. I. NATURAL ENVIRONMENT ELEMENT Discussion: Staff review shows that GMA requirements that pertain to the natural environment and critical areas, including wetlands, fish and wildlife habitat conservation areas, geologically hazardous areas, and frequently flooded areas, and shoreline have been largely met. Revisions that strengthen links between goals, policies and development regulations of the Sensitive Areas Ordinance, the Floodplain Management Code, and stormwater regulations would result in improved implementation. Recent State legislation (Evergreen Communities Act- which is not currently being implemented due to lack of funding) will eventually require jurisdictions to adopt urban forest management plans. Developing goals and policies and revising existing regulations, as well as development of new programs to address urban forestry issues will result in benefits in the areas of stormwater management, sustainability, climate change, landscape enhancement, and urban wildlife habitat. The goals and policies developed for the Comprehensive Plan update, through the assistance of a citizen advisory committee, will then guide revisions to the City's implementing regulations i.e. tree ordinance, landscape code, and street tree policies, and will provide input for tree /urban forest management for Tukwila parks and other public land. Tukwila's Strategic Plan was adopted since the prior update, and includes some guidance for community image and natural environment issues. Conclusion: Policies will be updated to strengthen linkages between sensitive areas policies and implementation. Goals, policies and development regulations pertaining to urban forestry will be developed and /or updated. Policy changes will guide revisions to development codes that pertain to urban forestry, and may include changes to the following: 1) Tree Ordinance; 2) Landscape Code; 3) Subdivision Code; 4) design review; 5) Public -Right of Way Code; 6)Sensitive Areas Ordinance; and 7) the Shoreline Master Program. Strategic Plan policies will be considered and incorporated as appropriate. II. COMMUNITY IMAGE ELEMENT Discussion: Consideration will be given to incorporating results from the Tukwila Strategic Plan that support a positive community identity and image through the natural environment. Conclusion: Strategic Plan policies will be incorporated as appropriate. 44 III. UTILITIES ELEMENT Discussion: GMA requirements have been largely met. Staff prepared new Comprehensive Surface Water Management, Water and Sewer Plans. Changes have occurred in other utilities, including telecommunications and solid waste management. Conclusion: Staff will update data requiring changes due to preparation and anticipated adoption of functional plans, as well as any background information which is significantly out of date. Policy guidance from Vision 2040, and King County Countywide Planning Policies and the Tukwila Strategic Plan will be incorporated as appropriate. Possible updates to the Storm water Ordinance (TMC 12) to implement National Pollutant Discharge Elimination System (NPDES) requirements will be considered. Policies pertaining to flood management may be consolidated or moved to another element. IV. TRANSPORTATION ELEMENT Discussion: Staff prepared a Transportation Background Report that meets most GMA requirements. It models transportation needs through the 2030 planning period, establishes levels of service for arterials, forecasts traffic through 2030, provides multi - modal level of service analysis, provides an inventory of transportation facilities, identifies project priorities to meet transportation requirements, and provides revenue forecasts. The City of Tukwila has an adopted Walk and Roll /Non- Motorized Transportation Plan that includes project priorities, and the Light Rail began service. Tukwila's Strategic Plan prioritizes pedestrian and bicycle access. Conclusion: Review showed that the City meets most GMA's requirements. Policies that pertain to non - motorized transportation per the City's adopted "Walk and Roll" Plan will be strengthened, and a process established to coordinate development impacts and financing with other jurisdictions per GMA and Countywide Planning Policies. Maintenance and preservation of existing facilities will be addressed, as well as multi - modal level of service standards. Policies shall incorporate provisions of Vision 2040 and Transportation 2040 and the Countywide Planning Policies, including household and employment targets. Pertinent priorities from Tukwila's Strategic Plan shall be incorporated to ensure consistency. The Transportation Element will be updated and edited for clarity. V. CAPITAL FACILITIES ELEMENT Discussion: Staff reviews of GMA requirements showed that they had been largely met. The required inventory of public facilities and projects was located in Background materials, adopted by reference as part of the Comprehensive Plan document. Updated household and employment targets are required for consistency with the Countywide Planning Policies. Connections between the Comprehensive Plan's priorities and capital facilities projects should be strengthened. Conclusion: Information contained in the Capital Facilities Element and Background Report will be revised as needed to incorporate current population and employment targets specified in the Countywide Planning Policies, consolidate policies pertaining to capital facilities, projects and funding sources currently found in several documents, update inventories of public facilities, establish project review based on Comprehensive Plan priorities, and incorporate policies from Tukwila Strategic Plan, and Countywide Planning Policies as appropriate. 45 VI. Shoreline Element Discussion: The Shoreline Element was updated in 2011, and meets all GMA requirements. The descriptive narrative from the original 1995 Comprehensive Plan was not revised when the Element was revised, and is out of date. Revisions are needed to reflect current conditions and adopted policy direction. Tukwila's Strategic Plan was adopted after the Shoreline Element update, and may offer some guidance for issues that are pertinent to the shoreline. Conclusion: The Shoreline Element narrative will be updated to reflect changed conditions, and to complete the Element's update. Consideration will be given to incorporating Strategic Plan policies as appropriate. VII. Tukwila Urban Center Discussion: The Southcenter Sub -Area Plan, including policies located in the Tukwila Urban Center element, has been reviewed extensively, considered and recommended by the Planning Commission. Washington Department of Commerce has advised staff that the policy portion of the Southcenter Plan should be considered separately from the Southcenter Plan and adopted as part of the Comprehensive Plan update since the Comprehensive Plan can generally only be amended once per year. Conclusion: The Tukwila Urban Center element has already been revised as part of preparing the Southcenter Sub -Area Plan. Additional consideration and adoption of the element will occur as part of the Comprehensive Plan update process. VIII. Remaining Elements Discussion: Prior to 2015, the remaining elements, including Economic Development, Housing, Annexation, Residential Neighborhoods, Transportation Corridors, Tukwila South, Roles and Responsibilities and Maintenance of the Plan, as well as appropriate development regulations will be reviewed and considered. Conclusion: After preparation of background materials, review for consistency with GMA requirements and Countywide Planning Policie, and inclusion of Strategic Plan goals and policies, elements and applicable development regulations will be updated as appropriate., Target Schedule 1st Quarter, 2013 • Prepare GMA public involvement, work program with resolution • CAP and COW briefings re GMA revision process & scope • City Council public hearing on resolution /work plan /public process • City Council adopt Resolution on work plan /public process • Planning Commission briefing re Growth Management Act, process to update Comprehensive Plan 46 2nd Quarter, 2013 • State Environmental Policy Act (SEPA) review for 2013 Comprehensive Plan • Planning Commission Public open house • Issue SEPA • Planning Commission work sessions • Planning Commission public hearings • Planning Commission recommendations 3rd & 4th Quarters, 2013 • Prepare Planning Commission recommendations w/ ordinances; • Submit recommendations to Washington Department of Commerce to meet "60 day" requirement • Public Open House • City Council briefings • City Council hearing • City Council adopts ordinances • Ordinances forwarded to Washington Department of Commerce • Prepare background materials for remaining elements Early to Mid- 2014 • Prepare background materials for remaining elements • Issue analysis • Policy development Mid to Late -2014 • Policy development • Public review of Draft Plan Late 2014 to Mid -2015 • Recommended Plan • City Council Public Hearings on Recommended Plan • City Council Action 47 48 COUNCIL AGENDA SYNOPSIS Initials Meetin' Date Pre 'area b Ma ors review Council review 03/11/13 .h ,7j 1HAIS 03/18/13 .h g�� tra ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY /1 Discussion -1 Mtg Date Mtg ITEM INFORMATION ITEM No. 4.C. 49 STAFF SPONSOR: DENNIS MCOMBER ORIGINAL AGENDA DATE: AGENDA ITEM TITLE Valley Non - Special Weapons and Tactics (SWAT) Interlocal Agreement For Services To Participating Agencies 3/11/13 Motion Date 3/18/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY /1 Discussion -1 Mtg Date Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R I�1 Police ❑ PLV SPONSOR'S Valley SWAT Agencies Chiefs would like to have the Interlocal Agreement for Services of SUMMARY Valley SWAT Team To Non - Participating Agencies as a proposed template, with the understanding that non - participating agency identification will be added at a later time. However, the substance of the agreement will stay the same. The Council is being asked to consider this item at the 3/11/13 Committee of the Whole meeting and subsequent 3/18/13 Regular Meeting. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DATE: 3/5/13 1 F &S Cmte ❑ Transportation Cmte Comm. ❑ Planning Comm. CHAIR: ROBERTSON ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Police Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/11/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 03/11/13 Informational Memorandum dated 2/21/ 13 Valley SWAT Interlocal Agreement For Services To Non - Participating Agencies Minutes from the Finance and Safety Committee meeting of 3/5/13 3/18/13 No attachments 49 50 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by M is review Council review 03/11/13 BG � j \k 03/18/13 BG 41W C 8 ❑ Public Hearing Meg Date ❑ Other Mtg Date CATEGORY ■ Discussion 0 Mfg Date Meg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police -1 P1V SPONSOR'S The Council is being asked to consider two interlocal agreements with King County Metro SUMMARY Transit for the design, construction and maintenance of the Tukwila Urban Center Transit Center's construction and the construction and maintenance of the F Line Rapid Ride Intelligent Transportation System (ITS) Improvements. ITEM INFORMATION ITEM No. 4.D. 51 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 03/11/13 AGENDA ITEM TITLE Two Interlocal Agreements with King County Metro 03/11/13 Motion Date 3/18/13 ❑ Resolution Meg Date ❑ Ordinance Mtg Date ❑ Bid Award Meg Date ❑ Public Hearing Meg Date ❑ Other Mtg Date CATEGORY ■ Discussion 0 Mfg Date Meg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police -1 P1V SPONSOR'S The Council is being asked to consider two interlocal agreements with King County Metro SUMMARY Transit for the design, construction and maintenance of the Tukwila Urban Center Transit Center's construction and the construction and maintenance of the F Line Rapid Ride Intelligent Transportation System (ITS) Improvements. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 02/26/13 COMMITTEE CHAIR: /1 Transportation Cmte ❑ Planning Comm. KATE KRULLER RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Public Works Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/11/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 03/11/13 Informational Memorandum dated 2/22/13 Interlocal Agreement for the Tukwila Transit Center Interlocal Agreement for the Rapid Ride ITS Minutes from the Transportation Committee meeting of 2/26/13 03/18/13 No attachments 51 52 mon TO: City of Tukwila CITY ADMINISTRATOR REPORT Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: March 13, 2013 SUBJECT: Report for March 18, 2013 Regular Council Meeting Jim Haggerton, Mayor The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. 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. Intergovernmental and Local Issues Update MEETINGS • National League of Cities: Mayor Haggerton attended the National League of Cities, Congressional City Conference in Washington D.C. March 9 -13. • Annexation Discussions: Staff continues to meet with Seattle, King County, and Fire District Representatives regarding annexation of Area "0" and other unincorporated areas in North Highline. Mediation discussions continued on March 13 and are currently planned for the upcoming weeks. ii. Department Updates MAYORS OFFICE • Southwest King County Chamber Government Affairs: Staff attended the Chamber's government affairs committee meeting on March 5. The main topic was emergency preparedness and Emergency Manager Grisham and CERT coordinator Raejean Kreel presented. • King County Aerospace Alliance: Staff attended the annual meeting on March 6. The main topic was workforce preparedness. Michael Greenwood from Boeing presented on Boeing's future workforce needs. • Southwest King County Chamber: Staff attended the Chamber's monthly lunch on March 8 at the Puget Sound Skills Center. The topic was healthcare and included a presentation from Tom Trompeter, CEO of HealthPoint. • Office Reconfiguration: To better utilize existing space and to prepare for the new Council Analyst position, staff is working with a firm to reconfigure space within City Hall. These changes are expected to be completed in April. HUMAN SERVICES • Staff members were involved in several activities, which included the following: o Started application process for CDBG funds 2014. 53 City Administrator Report Page 2 o Supported meeting on coordinated response to sexual assault violence which met on March 14. This involves improving communication across systems. o Co- hosted human service provider meeting on March 15 with City of SeaTac. CITY CLERK'S OFFICE • Pet Licensing Amnesty Period: All cats and dogs in King County are required to be licensed. Regional Animal Services of King County (RASKC) is currently offering an amnesty period through April 30, 2013. The City of Tukwila is a partner with RASKC, and pet licenses are sold in the City Clerk's Office. The amnesty period provides pet owners a chance to get a license for their unlicensed pets without paying fines between $125.00 - $250.00. An article regarding the amnesty period has been put in the Tukwila Reporter, and a flyer is going out to residents in March with their utility bills. The information will also be available on the City's website. COMMUNITY DEVELOPMENT • Southcenter Plan - Staff held an open house on the Planning Commission draft of the Southcenter Plan on February 27th. Representatives from Southcenter Mall, Radovich Development, Wig Properties, Red Dot, Desimone Holdings, Forterra and members of the public along with Omar Lee attended. Feedback on the plan was positive. Notice for a March 20th scoping meeting for the Supplemental EIS to support the Transit Infill SEPA process was mailed out March 8th. • Tukwila Tree and Environment Advisory Committee - The Tukwila Tree and Environment Advisory Committee met on Wednesday, February 27th to hear two presentations related to urban forestry. Sandra Whiting, DCD staff, provided an overview of the City's current tree regulations, which range from the City's tree ordinance, Shoreline Master Program and Sensitive Areas Ordinance to Public Right of Way Code (street trees). The Committee then heard from Brooke Alford, Tukwila resident, Master of Landscape Architecture candidate and member of the City's Planning Commission, who provided information about how the cities of Kirkland, Renton, Lacey, Vancouver, WA, and Portland, OR approach urban forestry issues. The Committee spent time discussing tree canopy goals, how to define steep slopes, and tree valuation and the benefits of posting a tree's value on the tree during construction. • Planning Commission - In preparation for the comprehensive plan updates the Planning Commission heard a presentation from Anne Fritzel from the Department of Commerce. She spoke about the links between the Growth Management Act, Vision 2040, PSRC, countywide planning policies and our own comprehensive plan and development regulations. Staff also briefed the Commission on the Growing Transit Communities station area planning process. • TRAKiT and Business Process Review Meeting - The various core teams for the TRAKiT permitting system met with our project manager, Michael Truncale, this week to discuss our business processes, workflows and identify any forms and reports needed for each module. This was a very productive 3 day session that gave each team a chance to get questions answered and to help move forward in completing our workbooks for the various modules. The Project Manager will return on March 20 - 22 to collect the completed workbooks. He will then begin the configuration of the various screens and data for each module and return the initial software configuration in June so we can begin testing the software. • Restore the Duwamish - DCD staff supported a volunteer work party as part of the Restore the Duwamish Shoreline Challenge on Friday, March 8 with our partners: BECU, Forterra and the Parks Department, as well as other business and community volunteers. The work party volunteers planted native bare root trees, shrubs and groundcover, purchased by the City at the recent King Conservation District (KCD) Bare- 54 City Administrator Report Page 3 Root Native Plant Sale, using KCD grant funds awarded to the City for this project. Volunteers also planted sedge plants along the water's edge and grubbed out more blackberry roots. PUBLIC WORKS • Facility Needs Assessment and Feasibility Study: Staff and Councilmember representatives are interviewing the consultant teams who responded to the City's Request for Qualifications. Final scope and contract will be brought to Finance and Safety Committee in April. • Televising Council Meetings: Public Works and Information Technology staff are finalizing audio and visual connections, including TV21. Initial testing is planned for April. • Levee Tours: Staff continued to provide tours of the Briscoe - Desimone levee for councilmembers. If any other councilmembers would like a tour, please contact Public Works Director, Bob Giberson. PARKS AND RECREATION • Spring /Summer Events: Attached to this report you will find a listing of all upcoming spring /summer events that the Parks and Recreation Department is planning and /or is involved in. The calendar provides a comprehensive overview of several events, including several restoration and community clean -up events. • Dr. Seuss Night: The annual Dr. Seuss night was held on March 7 at the Tukwila Community Center. The literacy based event is hosted in conjunction with Community Schools Collaboration. This year there were literacy games, bouncers, food and other interactive activities. 1044 people attended the event, which was record attendance. Every youth that attended received a free book, most were donated by patrons of Barnes and Noble's Tukwila location. • Hot Spot State Competition: On, Sunday March 10, Tukwila Parks and Recreation hosted the annual Washington Recreation and Parks Association Hot Spot State Competition. Contestants have (2) 1- minute rounds to hit as many baskets from "Hot Spots" marked on the floor. We had over 75 participants who qualified in their Local Competition to make it to the State Finals. Participants were between the ages of 7 — 14 and were split into boys and girls divisions. This annual event is hosted each year by a different City — allowing Parks and Recreation Department from throughout the state to "show off" their staff members' skills. It was an honor for Tukwila Parks and Recreation staff to host, organize and implement the 2013 competition. TUKWILA POOL — METROPOLITAN PARK DISTRICT (MPD) • Capital Improvement Project: The Building Permit Final Inspection was completed on Friday, March 8 and the pool was re- opened to the public on March 9. Staff continue to complete in -house punch- list of items and the details around the facility with the goal of bringing everything to fruition by the Grand Re- Opening on April 20'2013. Items on the list include: painting, refinishing and installing benches, and installing storage and organizational units. There is several miscellaneous maintenance items that have arisen throughout construction that also need to be completed: door repair, mechanical and storage room cleaning, developing a pool cover system for staff (to reduce the amount of time it takes to cover /uncover the pool), brushing and vacuuming the new liner, designing and installing backstroke flags and stanchions and many other various items. • Commissioning: The testing and balancing all systems for maximum efficiency is in the final stages. Once completed training will begin for staff on the maintenance and operations of the new systems. 55 City Administrator Report Page 4 • Soft Opening: The soft opening of the Pool was held on Saturday March 9. Approximately 100 swimmers stopped by to swim and check out the facility. Returning swimmers are very pleased with the new look and feel of the facility and offering great reviews. POLICE • Tukwila International Boulevard (TIB) is a focus area for the city as the City staff work together to implement the community's strategic plan. On Friday, March 8, the Police Department teamed up with the Mayor's office and executive staff and conducted our first TIB tours. The purpose of the tours is to help staff gain a better understanding of TIB. A second round of TIB tours are scheduled for Friday, March 15, 2013. • Sergeant Candidate Assessments: On Tuesday, March 12, 2013, seven Tukwila Police Department Sergeant Candidates will participate in a multi- agency assessment center to identify the best police sergeant candidates for each agency. The testing will be held at the Public Safety Testing facility in Lynwood. We plan on selecting at least two successful candidates from the resulting eligibility list for promotion to sergeant. One of the new sergeants will fill the second detective sergeant position which is part of our Crime Reduction Initiative focused on our strategy B — Focused Investigations & Timely Arrests. FIRE • New Employees: Interviews were held to determine candidates for two positions that will be open at the end of this month. Human Resources has tendered offers to the top two selections and those offers accepted. Upon successful completion of preliminary screening both candidates will be enrolled in a recruit academy in early May. Two employees now enrolled in the ongoing recruit academy are nearing completion of their training and should be ready for front line service in early to mid -May. • Blue Card Training: This system has been placed into use in the past 18 months. It has already been in place by other members of the South King County Training Consortium. The program provides training and certification for first arriving officers and incident commanders. All certified members meet the training requirements for both positions. All Battalion Chiefs, Acting Battalion Chiefs, Captains, and Acting Captains have either completed or are currently enrolled in the training. Some have already completed their first round of annual Continuing Education. It is the goal of the department to offer this training to all department members and to have the initial certification for those members completed by the end of 2015. III. Responses to Council /Citizen Inquiries • Mobile Cafes: This is an ongoing issue that was most recently brought up during citizen comments on March 5, 2013. This issue of licensing and regulation for mobile cafes has already been planned for a full discussion at the Community Affairs and Parks Committee in April. Currently, mobile cafes are required to have a business license and are inspected by code enforcement. 56 July tinuedd 19 Movies on the Green featuring "Skyfall" (rated PG -13), Foster Golf Links, seating area opens at 8pm and movie begins at dusk. Sponsor opportunities are available. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. 19 -20 C.A.S.T.T. — Summer Theater Performances, Foster Performing Arts Center, 7:00pm. For performance information please call Tukwila Parks and Recreation Department at (206) 767 -2342. 26 Movies on the Green featuring "Here Comes the Boom" (rated PG), Foster Golf Links, seating area opens at 8:OOpm and movie begins at dusk. Sponsor opportunities are available. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. 27 Tukwila Touch -a -Truck Safety & Emergency Preparedness Fair, Foster High School and Tukwila Pool parking lot, 10:OOam- 2:OOpm. Vendor and sponsor opportunities are available. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. August 2 Volunteer Appreciation Ice Cream Social, Tukwila Community Center, 7:OOpm. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. 2 Family Outdoor Summer Cinema featuring "The Lorax" (rated PG), Tukwila Community Center, seating area opens at 8:OOpm and movie begins at dusk. Sponsor opportunities are available. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. 3 Pitch In For Parks monthly clean up event at Cascade View Community Park, 9:OOam. No advanced registration required ^'just show up to volunteer! 6 National Night Out Against Crime, various host locations in Tukwila, 5:00- 9:OOpm. For more information please contact Chris Partman in the Tukwila Police Department at (206) 431 -2197. 7 Peanut Butter & Jam Summer Concert Series featuring Eric Ode, Tukwila Community Center Spray Park, 12:00 - 1:OOpm. Vendor and sponsor opportunities are available. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. 9 Family Outdoor Summer Cinema featuring "Madagascar 3" (rated PG), Tukwila Community Center, seating area opens at 8:OOpm and movie begins at dusk. Sponsor opportunities are available. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. 9 Restore the Duwamish Shoreline Challenge restoration work party. Volunteers welcome. For registration and information please visit www.restoretheduwamish.org. 10 Tukwila Kid's Festival, Cascade View Community Park, 12noon- 4:00pm. Vendor and sponsor opportunities are available. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. 14 Peanut Butter & Jam Summer Concert Series featuring Recess Monkey, Tukwila Community Center Spray Park, 12:00- 1:OOpm. Vendor and sponsor opportunities are available. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. 16 Family Outdoor Summer Cinema featuring "Hotel Transylvania" (rated PG), Tukwila Community Center, seating area opens at 8:OOpm and movie begins at dusk. Sponsor opportunities are available. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. 21 Peanut Butter & Jam Summer Concert Series featuring The Not -Its!, Tukwila Community Center Spray Park, 12:00- 1:OOpm. Vendor and sponsor opportunities are available. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. 23 Family Outdoor Summer Cinema featuring "Rise of the Guardians" (rated PG), Tukwila Community Center, seating area opens at 8:OOpm and movie begins at dusk. Sponsor opportunities are available. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. 28 Peanut Butter & Jam Summer Concert Series featuring Caspar Babypants, Tukwila Community Center Spray Park, 12:00- 1:OOpm. Vendor and sponsor opportunities are available. For more information please call Tukwila Parks and Recreation at (206) 768 -2822. 58 ellease note This eve nt callurndom is subject tq' mptuti without ia' Heil.. IGan ior'1.0 any evu':'rfl Il stedl, IpIlu.a,u. a allll° the event contact number 1.0 vu':'rii'f'y detaHs. Upcoming Meetings & Events March 2013 18th (Monday) 19th (Tuesday) 20th (Wednesday) 21st (Thursday) 22nd (Friday) 23rd (Saturday) ➢ Utilities Crate, 5:00 PM (CR #1) ➢ City Council Executive Session, 6:00 PM ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) Tukwila Metropolitan Park District Board oard of Commissioners Meeting, 8:00 PM (Council Chambers) ➢ Finance & Safety Crate, 5:30 PM (CR #3) Southcenter Plan Environmental Impact Statement Public Scope Meeting Noon – 1:30 PM (Albert Lee Appliance Store 404 Strander Blvd). ➢ Parks Commission, 5:30 PM (Community Center) ➢ Library Advisory Board, 7:00 PM (Community Center) > Tukwila Historical Society, 7:00 PM (Tukwila Heritage & Cultural Center, 14475 59'h Ave S) "Strike Out Hunger" event at ACME Bowl to benefit Tukwila Food Pantry. 10 AM to 12 NOON (100 Andover Park W..) p, ,vo – For information go to www.tukwullaurotarv.org Restoration Work Party – Codiga Park 10:00 AM – 2:00 PM For information or to register go to www.earthcorps.org/ volunteer.php. License your pet now —avoid fines later. if A PET LICENSE AMNESTY PERIOD is now underway, giving pet owners until April 30, 2013 to license previously unlicensed pets or renew expired licenses without facing a fine. Take advantage of this grace period by licensing your pet online, or corning to the City Clerk's counter at Tukwila City Hall (8:30 AM to 5:00 PM, Monday through Friday). Call 206- 433 -1800 or visit: http: / /www.tukwilawa.gov /clerk /petlic.html 25th (Monday) 26th (Tuesday) 27th (Wednesday) 28th (Thursday) 29th (Friday) 30th (Saturday) ➢ Community Affairs & Parks Crate, 5: 15 PM (CR #3) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) ➢ Transportation Crate, 5:15 PM (CR #1) Klickitat Local Improvement District No. 33 Assessment Roll Hearing Begins at 9:00 AM Community Center, Meeting Room B). Additional information is available at www.tukwilawa..gov under Tukwila News and Notes. Public Open House 2015 Comprehensive Plan Update 4:30 -6:30 PM (Community Center) > COPCAB, 6:30 PM (CR #5) ➢ Planning Commission, 6:30 PM (Council Chambers) Tukwila Int'l. Action Trash Pickup 9:00 –10:00 For locat Rick at l" ickcfforschler. Blvd. Cmte's Day AM on contact orb > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. > Community Affairs & Parks Committee: 2nd & 4th Mon., 5:15 PM, Conf. Room #3 ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf Rm #5. Phi Huynh (206- 433 - 7175). > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Conf Room #3 (A) 2012 4th Quarter cash and investment report. (B) 2012 4th Quarter sales tax and miscellaneous revenue report. > 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 Wynetta Bivens at 206 - 431 -3670. >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. > Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Pat Brodin at 206 - 433 -1861 > Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1 (A) AP 1L /APE Sewer Repair March 2013 – Emergency Resolution. (B) CBD Sanitary Sewer Rehabilitation Consultant Recommendation and Agreement. (C) NPDES Program. 59 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. March 4 11 18 See agenda packet cover sheet for this week's agenda (March 18, 2013 Regular Meeting). 25 Special Presentation: An update on the Hyde Shuttle. Teens for Tukwila. Special Issues: Tourism Promotion Area. April 1 Special Presentation: 8 Special Presentation: 15 Unfinished Business: 22 Employee Recognitions. State of the Municipal Court. Appointments/ Growing Transit Communities Partership. An ordinance confirming and levying the assessments for LID 33. Proclamations: Proclamation for Arbor Day. Appointments to Community Policing, Parks Commission and Human Services. Unfinished Business: Tourism Promotion Area. An ordinance vacating portions of the existing South 178th Street right - of - way. 60