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Reg 2003-02-03 COMPLETE AGENDA PACKET
Tukwila City Council Agenda 1 Steven M. Mullet, Mayor John McFarland, City Administrator Pam Carter, Council President REGULAR MEETING Councilmembers: Joe Duffie Dave Fenton Jim Haggerton Joan Hernandez Pamela Linder Richard Simpson February 3, 2003; 7 p.m. Ord #2013 Res #1513 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL 2. SPECIAL a. Honoring Tom Keefe upon his retirement as Tukwila Fire PRESENTATIONS Chief. b. Oath of Office administered to Nick Olivas, new Tukwila Fire Chief. c. Foster Clubhouse update Bruce Fletcher, Parks Recreation Director. At this time, you are invited to comment on items that are not included on this agenda. If you wish to comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. a. Approval of Minutes: January 21, 2003 Regular Meeting and January 27 Special Meeting. b. Approval of Vouchers. c. Accept turnover documents for: Doak Short Plat: 4058 S. 148th St. Harley Davidson: 13001 48th Av. S. Heiser Building Addition: 11210 T.I.B. Hot Mix Pavers: 4400 S. 131st Place. Thorndyke Elementary: 4415 S. 150th St. Tukwila Elementary: 5939 S. 149th St. d. Authorize Mayor to sign Amendment #4 to Contract No. 99 -093 with Martin J. Durkan, Jr., for the period January 1, 2003 through December 31, 2003. e. Authorize Mayor to sign a contract for lobbying services with Ball Janik, LLP, in the amount of $8,000 per month plus monthly expenses not to exceed $1,000. f. Authorize Mayor to sign an Addendum to the Interlocal Agreement between the cities of Renton and Tukwila for the temporary custody of inmates before transfer to Yakima County Jail that sets service fees for 2003. Award a contract to Paasche Construction, Inc. in the amount of $53,988.74 (includes WSST) for the Minkler Shops Traffic Signal Cabinet Room Project. Ordinance amending TMC 2.68.027 re: Removal of Municipal Court Judge. 3. CITIZEN COMMENTS/ CORRESPONDENCE 4. CONSENT AGENDA 5. BID AWARD 6. OLD BUSINESS Pg. 5 Pg. 37 Pg. 49 Pg. 51 Pg. 53 Pg. 59 Tukwila City Council Agenda (Cont.) February 3, 2003 Page 2 7. NEW BUSINESS 8. REPORTS 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Briefing on Streamlined Sales Tax Alan Doerschel, Finance Director. a. b. c. Mayor City Council Staff d. City Attorney e. Intergovernmental This notice is available in alternate formats for individuals with disabilities upon advance request. Reasonable accommodations at public hearings are available with advance notice. Tukwila City Hall is wheelchair accessible. Please call the City Clerk's office 433- 1800/TDD 248 -2933 if you require assistance. Agenda is also available at City of Tukwila's website: htto: /www.ci.tukwila.wa.us Please be advised that all Tukwila Council Meetings are audio taped. Pg. 63 CAS Number: 03-011 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Council Cost Impact (if known): N/A Fund Source (if known): Meeting Date 2/03/03 sg Meeting Date 2/03/03 COUNCIL AGENDA SYNOPSIS Meeting Date 2/03/03 Doak 2 Lot Short Plat Harley Davidson Heiser Building Addition Hot Mix Pavers Thorndyke Elementary Tukwila Elementary Initials Prepared by 1 Mayor's review I Council review DM C#TY ),4/ l t, Turnover of Public Facilities at Six Locations IVIINFORIvIAT70N fig, 4 Original Agenda Date: February 3, 2003 Admin. Public Works Six development locations are ready for turnover of public infrastructure improvements. Public Works staff inspected the facilities and all permits were signed off. Any easements will need to be recorded upon acceptance. 10 ft. of ROW on S 148 St. 12" storm pipe, catch basin, etc Storm pipe, streetlights, etc. Storm pipe, sidewalk, etc. Storm pipe, catch basins, etc. Storm pipe, catch basins, etc. Accept turnover of public infrastructure at six locations. Forward to Regular Council and authorize Mayor to sign acceptance forms. Same as sponsor. Action APL?ENpic Attachments Six Information Memos (with vicinity maps) I Transportation Committee Meeting Minutes from January 27, 2003 Ii Turnover documents available at Public Works) ITEMNO. C, Value Value Value Value Value 23,139.88 $107,395.00 12,940.00 $106,098.00 $126,182.00 ISSUE INFORMATION MEMO TO: Mayor Mullet FROM: Public Works Directs r h) DATE: January 23, 2003 SUBJECT: Doak 2 -Lot Short Plat Permit No. L02 -024 Site Location 4058 South 148 Street, Tukwila Parcel No. 004000 -0955 Dedication of Right -of -Way (Turnover) Accept 10 feet of right -of -way dedication, adjacent to South 148 Street, as part of the Doak 2 -Lot Short Plat. BACKGROUND As part of the future development of the Doak 2 -Lot Short Plat, the owner is dedicating 10 feet of right -of -way adjacent to South 148 Street. The full right -of -way width for South 148 Street, in the vicinity of this proposed short plat, will ultimately be 60 feet. The existing, full right -of -way width adjacent to the proposed Olivier 3 -Lot Short Plat is 40 feet. Therefore, 10 feet of right of -way is needed to provide for 30 feet of half right -of -way width. Conditions were placed on the development to provide the following turnover documents: 1. Dedication of Right -of -Way 2. Excise Tax Affidavit form ALTERNATIVES None. RECOMMENDATION Request Transportation Committee move to consent agenda authorizing Mayor to sign acceptance forms. attachments: vicinity map tumover documents 1 -2' file: Doak 2 -Lot Short Plat 'NOTE: All documents are available at Public Works and will be presented at the meetinos. DOAK 2 Lot SPL Dedication of Right-of-way turnover Vicinity map 13 1445 0915 0 0 c 2010009 0925 ,O ,F "G 4 e p 200950s ;2 4:40 l 1 .17:76 7 2 Bo ;g 1 TU SP c 1 O MEL C RC3 MA 2 W 0p c 00a, 7727f 0930 0 8 0 1 66094s R/ 0969 case a 9B.62 7290 L96 -004 .7 C4 1366605 4'� 1APCtill1 mi 9 10170658 1193605 O, 0987 0",03155. so Lv !KC SP140 380120R r 80082 0 O 0 Pb� O0° t 'or 1 1066005 j o 1 644045 0965 61400s 0975 1,22.E 1 '0 FOR 5T 0(0 0? !P o 98.02 o p P 6 o 1372009 1 5 0176 j W y, TU SPo,$ MR9 1 11881105 b 0 ENO 91.05-86 6 MRC�L n` !007109 p 0, O 0 O° n°9'> 15 p LV 0 O 0 09 6 0 O 2023905 1871505 2145905 cnoo TRACCr PARCEL 1 o° O �p ?�9 1 .1. t, 0 F c5 G 0935 t. .0 p C.- C3 C. 86300s 0962 p° O °9 888705 0963 1351 c t4 .8IFLfl A k e WA p 1 O D, �i 1 oto TUSP Fo LOT4 O I!) 0958 n >a °656708 77260s a; 1 128. 72605 6 1987105 1992905 F LOT A 4015305 0840 00 f 1 2 O 4• 0 9 0851 8910 0 s G 01:152 891005 P 0 h OoAF 0944 71280s 0 ,d 1 7:/ G 048 742809 .1 F 0946 71280s ,O F o 0 7 18 0950 0 N 3i fp 1889709 0220 ,4-8.11 w.7 ea! o w 2-8`.99'3! o 111 KC TU SP 3: 'or m 726'4 0223 M T7 W a 0 0 v 0 N O ito v. C a Z3✓ 1 0° c� °r Co 0 0 4. On u s 0 0 0 2 0r trjr e: TO: FROM: DATE: SUBJECT: ISSUE Accept turnover of portion of street and watermain improvements as part of the development of Downtown Harley Davidson. BACKGROUND The development of Downtown Harley Davidson is now completed. As a condition of the development, Downtown Harley Davidson facilities included the construction of 53 LF of 12" storm pipe with 1 each Type 1 catch basin, 313 LF of 10" DIP waterline, 2 each 10" gate valves, 1 each 2" blow off assembly, 252 LF of 6' sidewalk with curb and gutter, and all appurtenances. The value of the transferred assets, from the Developer to the City of Tukwila, is $23,139.88. Conditions were placed on the development to provide the following turnover documents: 1. Letter from owner requesting turnover 2. Capital Asset Acquisition form 3. List of Materials /Costs (City format) 4. Bill of Sale 5. Easement for public waterline 6. Bond for two -year maintenance period 7. As -built plans for proposed public facilities The proposed public facilities have been constructed to City standards and inspected by Public Works staff and are now ready for turnover as public infrastructure. ALTERNATIVES None. RECOMMENDATION INFORMATION MEMO Mayor Mullet Public Works Directo9) January 13, 2003 V" Downtown Harley Davidson Permit No. D99 -0259 Site Location —13001 48 Ave. South, Tukwila Parcel No. 000300 -0046 Turnover of Portion of Street and Public Watermain attachments: vicinity map turnover documents 1 -7* file: Downtown Harley Davidson Request Transportation Committee move to consent agenda authorizing Mayor to sign acceptance forms. *NOTE: All documents are available at Public Works and will be presented at the meetings. Harley vicinity Map Downtown Harley Davidson Infrastructure Turnover D99-0259 255001s srso aro 781211 IFOC 19531ss SFDC ORE 244500s SP00 Ott 760001. 144019.4 SFDC S. INCL.LEWIS RC. 37 0004130 N. STEPHAN FOSTER OA 336 000300 07921Os ER VOL 144 23-25 3 ul 3 cd... i 4 X 704I3lOs L D C COS PP` !SooI 0 46 Nb„ t .0 •-c, P cici eit 10711 s 73 .4; DowNtvvie glAtt toON I b 55730008 L00 COO 500•0 557380os CC LOPS 9.0 00 37 Ki1101 FOSTER OLC P3 34 4r4 Downtown Harley Davidson Infrastructure Turnover Map TO: FROM: DATE: SUBJECT: ISSUE INFORMATION MEMO BACKGROUND Mayor Mullet Public Works Direct December 10, 2002 Heiser Building Addition Permit Nos. D01 -329 and MIO2 -124 Site Location —11210 Tukwila International Blvd., Tukwila Parcel No. 092304 -9152 Turnover of Street and Public Utilities Improvements Accept turnover of street and public utilities improvements as part of the development of Heiser Building Addition. The development of Heiser Building Addition is now completed. As a condition of the development, Heiser facilities included the construction of illumination and roadway pavement; 248 LF of 12" and 120 LF of 8" storm pipe with 4 each Type 1 catch basins; 140 LF of 12" DIP waterline; 2 streetlights with conductor, conduit and junction boxes; 450 LF of curb, gutter and sidewalk; 7,000 SF of asphalt pavement; and all appurtenances The value of the transferred assets, from the Developer to the City of Tukwila, is $107,395.00. Conditions were placed on the development to provide the following turnover documents: 1. Letter from owner requesting turnover 2. Capital Asset Acquisition form 3. List of Materials /Costs (City format) 4. Bill of Sale 5. Public easement area for ingress /egress and for the purpose of maintaining 1 each street light pole with base and associated electrical connections. 6. Bond for two -year maintenance period. 7. Performance Bond for remaining sidewalk, asphalt, striping, and 2 each street light poles. 8. As -built plans for proposed public facilities The proposed public facilities have been constructed to City standards and inspected by Public Works staff and are now ready for turnover as public infrastructure. ALTERNATIVES None. RECOMMENDATION Request Transportation Committee move to consent agenda authorizing Mayor to sign acceptance forms. attachments: vicinity map turnover documents 1 -8* file: Heiser Building Addition `NOTE: All documents are available at Public Works and will be presented at the meetings. 11210 TUKWILA INTERNATIONAL BLVD, TUKWILA, WA VICINITY MAP Heiser Building Addition Infrastructure Turnover D01-329 MI02-124 Heiser Building Addition 11210 Tukwila International Boulevard / TIB D01-329 MI02-124 Heiser Building Addition Infrastructure Turnover D01-329 MI02-129 Heiser Building Addition Infrastructure Turnover D01-329 MI02-124 PROPOSED STREET LLEHST LOC tLi 4EP. 04. PiS9 L.. V ES' 111 IJM /NAT /ON CONSTRUCTION NOTES FIND AND INTERCPT EXIST. STREET LIGHT CONDUIT. PRIOR TO BEGINNING WORK, COORDINATE KITH CITY OF TUKWILA CORRECT CI AND CONDUCTORS TO IDENTIFY 2. TYPE III MEDIUM CUTOFF OPTICS, 40�24DV HIGH PRESSURED SODIUM LAMP, 30 FT MOUNTING HEIGHT. INSTALL JUNCTION BOX TYPE I PER WS00T SID. PLAN J-11o. EE SECTION 4.2 OF INFRASTRUCTURE DESIGN AND QUICK ONNEC AT STANDARDS POLE BASERACECORO /NG USE D C TO EC770N •1791 -SF. J. INSTALL JUNCTION BOX TYPE 1/I PER WS0O7 5T0. PLAN .1-170, 811 DTI 8 4. NEXT 70 SIGNAL C S ONNECT NEW AND E XISTING 12 CIRCUITS. S INSTALL POLE WEST OF T. L SERVICE CABINET UNDERGROUND TO B. REMOVE/COORDINATE 5EA POWER O POKER BOX SEATTLE CITY LIGHT FROM TRAFFIC K4TH SIGNAL POLE. 7. REMOVE W000 UTILITY BOX TO CONDUCTORS TO METER BOX. 8. Fa enI" locATEp AC BAeK of 9rDE0+ALk,�YA14T /N�%). L CONDUCTOR SCHEDULE CUIVWII CIKCUI I NOSE I SIZE WIRE. I 517E N WIRE 1 1 1 Y- Y6 1 2' PVC (SCH. 40)' 1 1 2 1 L 06 4 tXISI. 1 INCLUDE GROUND WIRE IN EVERY CONDUIT 11 +00 1 TUKWIIA INTERNATIONAL BOULEVARD (PACIFIC HIGHWAY 99) (FWNOPI! ARTERIAL) 12+ 00 4p_k PROPOSED STREET c LIGHT LOCATED p ,Sfp 91 STA. 12+ 1 3 +0 0 I 1 TO: FROM: DATE: SUBJECT: ISSUE INFORMATION MEMO Accept turnover of street frontal improvements, including storm drainage and fire hydrant, constructed within South 131S Place 44 Ave. South right -of -ways as part of the development known as Hot Mix Pavers. BACKGROUND Mayor Mullet Public Works Directpr.�Qy,, December 6, 2002 VV" Hot Mix Pavers Permit No. D99 -0417 Site Address 4400 South 131s Place, Tukwila Parcel Nos. 734920 -0220, 0225, 0230, and 0235 Turnover of street frontal improvements, including storm drainage and fire hydrant, within South 131 Place 44 Ave. South The Hot Mix Pavers Development is now completed. As a condition of the development, the Hot Mix Pavers Development included the construction of 122 lineal feet of curb and gutter, 805 lineal feet of 6 -foot wide sidewalk, asphalt paving, 2 -inch conduit, and 2 each J- boxes; and 12- inch ductile iron pipe and one each Type 1 catch basin for storm drainage. The value of the transferred assets, from the Developer to the City of Tukwila, is $12,940.00. Conditions were placed on the development to provide the following turnover documents: 1. Letter from owner requesting turnover 2. Capital Asset Acquisition form 3. List of Materials /Costs (City format) 4. Bill of Sale 5. As -built plans for proposed public facilities The proposed public facilities have been constructed to City standards and inspected by Public Works staff and are now ready for turnover as public infrastructure. ALTERNATIVES None. RECOMMENDATION Request Transportation Committee move to consent agenda authorizing Mayor to sign acceptance forms. attachments: vicinity map turnover documents 1 -5* file: Hot Mix Pavers `NOTE: All documents are available at Public Works and will be presented at the meetings. Vicinity Map Hot Mix Pavers Infrastrusture Turnover D99-0417 D99-0417 Hot Mix Pavers 4400 South 131st Place FNG NEW CURB -MATCH EXISTING GUTTER ELEV. =13.8 1/2 POINT V =14.UU CONTRACTOR SHALL LOCATE AND POTHOLE EX. WATER MAIN AND VERIFY IF ANY CONFLICTS EXIST WITH B' STORM INSTALLATION M EX. VP- A RIGHT -OF -WAY Or T EX. WATER V.ALVE -7- ----12.------r---- EX. SSMN R -14.57 IF NEW 17 Cr rrri =r=ti D.I.P. =II.SI Oa we =o.o_ R/W LANE IE 12' SE =3.78 AS -BUILT STREET IMPROVEMENT PLAN 1 1 1 LOCATED IN A PORTION OF THE NE 1/4 a 15, TWP. 23 N., R. 4 E, W.M. CITY OF TUKWILA, KING COUNTY, WA. Hot is”X PAvE*S 44do S. 131.4 ADJUST UDuTY VAULT LID To MAIGn SIDEWALK GRADE CONTRACTOR SHALL COORDINATE INSTALL CURB RAMP WITH CRY MITT PRIOR TO STREET CONSTRUCTION. I PER DETAIL AT LEFT FX. WATER M VALVE b t EXISTING ASPHALT-- FY WATEfr 12-- 2 33 LF 12'OIP 00.,5R�i CONTRACTOR SHALL PLACE END SD 11 1 GS MI PRDIrOTSE INTO STREAM now PATH. PLACE SMALL RIP RAP PAD(3'x3 0 PIPE END. DO NOT PLACE RIP RAP IN MAIN STREAM CHANNEL THAT COULD DISRUPT LOW FLOW CHARACTERISTICS RECONTOUR STREAMBANK EDGE AS SHOWN. QUARRY SPALLS REWIRED FOR RIP RAP. GUARDPOST TYP.) PIPE ��O D99 0 NSTALL 2 -2' DIA. PVC CLASS 200 (OR EQUAL) CONDUITS WITH HANDHOLDS ON EACH END FOR FUTURE USE BY CITY. NOTE: ALL OVERHEAD POWER AND PHONE LINES SHALL BE PLACED UNDERGROUND ALONG THE FRONTAGE OF 5. 131ST. PLACE. COORDINATE WITH POWER PHONE COMPANY. op S. 131st PLACE x PROVIDE 5' WIDE ASPHALT RAMP CONNECTING NEW WALK TO EXISTING PAVEMENT. 35' N' 12- 1 L 1E 224" RCP-10.63 VE NG% R.O.W. —M- TO: FROM: DATE: SUBJECT: ISSUE BACKGROUND INFORMATION MEMO Mayor Mullet Public Works Directo* December 4, 2002 °11 Thorndyke Elementary Permit No. D99 -0059 Site Location 4415 South 150`" Street, Tukwila Parcel No. 004200 -0280 Turnover of 12" Storm Drainage Facilities Accept turnover of storm drainage system, with public easement for storm drainage lines, as part of the development of Thorndyke Elementary. The development of Thorndyke Elementary is now completed. As a condition of the development, Thorndyke Elementary facilities included the construction of 43 lineal feet of 18- inch and 587 lineal feet of 24 -inch storm pipe, 5 each Type II 48 -inch and 1 each Type 11— 60- inch catch basins and all appurtenances. The value of the transferred assets, from the Developer to the City of Tukwila, is $106,098.00. Conditions were placed on the development to provide the following turnover documents: 1. Letter from owner requesting turnover 2. Capital Asset Acquisition form 3. List of Materials /Costs (City format) 4. Bill of Sale 5. Public storm system easement 6. As -built plans for proposed public facilities The proposed public facilities have been constructed to City standards and inspected by Public Works staff and are now ready for turnover as public infrastructure. ALTERNATIVES None. RECOMMENDATION Request Transportation Committee move to consent agenda authorizing Mayor to sign acceptance forms. attachments: vicinity map tumover documents 1.6* file: Thomdyke Elementary *NOTE: All documents are available at Public Works and will be presented at the meetinas. Thorndyke Elementary Infrastructure Turnover D99-0059 Vicinity Map Thorndyke elementary D99-0059 4415 South 150th Street Vicinity Map N STORM DRAM EASEMENT Thorndyke Elementary Infrastructure Turnover TO: Mayor Mullet FROM: Public Works Director DATE: December 6, 2002 SUBJECT: Tukwila Elementary Permit No. D99 -0060 Site Location 5939 South 149` Street, Tukwila Parcel No. 359700 -0120 Turnover of 12 -inch 18-inch Storm Drainage Facilities ISSUE INFORMATION MEMO Accept turnover of storm drainage system, with public easements for storm drainage and sanitary sewer lines, as part of the development of Tukwila Elementary. BACKGROUND The development of Tukwila Elementary is now completed. As a condition of the development, Tukwila Elementary facilities included the construction of 177 lineal feet of 12 -inch and 793 lineal feet of 18 -inch storm pipe, 7 each Type II 48 -inch catch basins, and all appurtenances. The value of the transferred assets, from the Developer to the City of Tukwila, is $126,182.00. In addition, Tukwila Elementary shall provide a public easement, for an existing public sanitary sewer system, constructed under LID No. 5. Conditions were placed on the development to provide the following turnover documents: 1. Letter from owner requesting turnover 2. Capital Asset Acquisition form 3. List of Materials /Costs (City format) 4. Bill of Sale 5. Public storm system easement 6. Public sanitary sewer system easement 7. As -built plans for proposed public facilities The proposed public facilities have been constructed to City standards and inspected by Public Works staff and are now ready for turnover as public infrastructure. ALTERNATIVES None. RECOMMENDATION Request Transportation Committee move to consent agenda authorizing Mayor to sign acceptance forms. attachments: vicinity map tumover documents 1 -7* file: Tukwila Elementary 'NOTE: All documents are available at Public Works and will be presented at the meetinas. Tukwila Elementary Infrastructure Turnover D99-0060 Project Location vicinity Map Tukwila Elementary D99-0060 5939 South 149th Street Vicinity Map Tukwila Elementary Storm Drainage Infrastructure Turnover D99-0060 Vicinity Map V EXHIBIT MAP SEWER EASEMENT UNPLATTED STRIP Tukwila Elementary D99-0060 Sanitary Sewer Easement Turnover 1 I Engineering Planning Surveying Penhallegon Associates Consulting Engineers, Inc. 750 Sixth Street South Kirklond. WA 98033 PH: (4 827 -2014 1- 800 945 -8408 Kirkland Federal Way SCALE: 1: 80 FILE: \1662- 1UKSWR.dwg DATE: 10/15/01 www.paceengrs.com FAX: (425) 827 -5043 Cle Elum PROJ. NO.: 01662.10 Transportation Committee January 27, 2003 Present: Dave Fenton, Pam Linder, Pam Carter Jim Morrow, Gail Labanara, Pat Brodin, Brian Shelton, Tom Pulford, Lucy Lauterbach 1. Minkler Shops Remodel The Minkler shops have needed a good space for inspecting, testing, and repairing signal lights. An architect recommended how to use part of a bay that was available, as it is hard to back into. The city received seven bids for the remodel project. The lowest was from a small firm, Paasche Construction Inc. from Roy. Jim M said signal maintenance is largely done in- house, and a dry, clean space was needed. The city maintains almost all the signals in the city except a very few on TIB and West Valley. Pam asked about the firm and was told it is a man and his wife, and they did get good references from other governments. Recommend bid award for 549.622 to Paasche Construction Inc. to Regular Meeting 2. Turnover Documents Doak Short Plat The city got 10 feet of right of way for the short plat on S. 148` Street. The short plat of two lots, was used to build three homes. The city would need 60 feet of right of way for any future street improvements, and this will help. This and the following five projects had no alternatives, and they were all inspected and declared ready for public turnovers. Recommend acceptance to consent agenda of a Regular Meeting. Downtown Harley Davidson The Harley shop on 48 near I -5 developed their property and is ready to turn over to the city street sidewalk, curb and gutter, and water improvements. The water will allow a loop to Gateway. Recommend accentance to consent agenda of a Regular Meeting. Heiser Building Addition Because Heiser added building space, they made several improvements they want to turnover to the city. Their building is off TDB. They are turning over street lights, curb, gutter and sidewalk, storm drains and a.water line. Recommend acceptance to consent agenda of a Regular Meeting. Hot Mix Pavers In order to compensate for their building, Hot Mix Pavers built some street frontal improvements, including a storm drain and a fire hydrant. Their building is located near NorMed.off of S. 133` Recommend accentance to consent agenda of a Regular Meeting •Thorndvke Elementary The school rebuild is now complete, and they are ready to tum of storm drains and catch basins. Pam pointed out the improvements were required as the school had to treat the land as if it had never been developed. Recommend acceptance to consent agenda of a Regular Meeting. Tukwila Elementary When this school was completed, they had storm drains and catch basins as well as a sewer line to turn over to the City. Recommend acceptance to consent agenda of a Regular Meeting. 3. Citv Letter to PSRC Jim had drafted a letter for the mayor endorsing the Transportation Policy Board's list of projects for the "found" $12 million. There is some dissension among the PSRC members on how the funds should be spent Jim M recommended that the money be used to pay back advance construction funds from cities that have started construction with their own money with the confidence they would be paid back by grant. Tukwila would benefit if there were more 2004 funds available, which paying the advance construction grants now would allow. Information. 4. Utilities Committee Pond Issue Citizens have signed a petition to the City protesting the large detention pond on 42". There are several pages of signatures. This will be sent to Utilities next week. Information. Committee chair approval ITEM INFORMATION CAS Number: 03-008 Agenda Item Title: Amendment to Contract for Services; M.J. Durkan I Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 01 27 03 Meeting Date 1/27/2003 2/3/03 COUNCIL AGENDA Sm OPSIS Initials 1 Meeting Date I Prepared by 1 Maypr's r view 1 Council review 1 I January 27, 2003 I ✓M 1 (Inti'I/ I _Is! L` I I o1� /U2 I i 9t I I!C I t I 1 1 I I I I I Council Admin. X The existing contract for services with Martin DurkanJr. for lobbying services has expired. The amendment renews the contract for 2003. Authorize Mayor to sign Amendment I Original Agenda Date: January Not to exceed $4,500.00 per month. General Fund RECORD OF COUNCIL ACTION Action 27, 2003 •S;, ITEM NO. APPENDICES Attachments Memo from Mayor's Office, Finance and Safety Committee Minutes (1/21/03) Amendment 114 to Contract for Services with Martin J. Durkan, Jr. Original contract with'Martin J. Durkan, Jr., plus ensuing amendments The following portions of Contract No. 99 -093 between the City of Tukwila and Martin J. Durkin, Jr. (Consultant) are amended as follows: Duration of Agreement. This agreement shall be in full force and effect for a period commencing January 1, 2002 through December 31, 2002, unless sooner terminated under the provisions hereinafter specified. Exhibit A. Scone of Services. The Consultant shall: 1) work with Tukwila officials, King County elected officials, State elected officials and Sound Transit Board members in an effort to gain further improvements to the Light Rail routing through the City of Tukwila in a manner most consistent with local, regional and state land use and transportation policies. 2) Work with local, regional and state officials on general matters of interest to the City of Tukwila. All other provisions Litt the contract shall remain as written and agreed to in the basic contract for services. DATED this "l d y o M iu g h 2002 CONTRACTOR CITY OF TUKWILA �c fV rV Zg rtin J. D in, Steven M. Mullet, Contractor Mayor ATTEST /AUTHENTICATED bA City Clerk, Jane E. Cantu 7i n ac 7' C Amendment 3 Contract for Services Between the City of Tukwila and Martin J. Durkin, Jr. Re q9- 093 (c) 4.pl1LA, 1908 The following portions of Contract No. 99 -093 between the City of Tukwila and Martin J. Durkin, Jr. (Consultant) are amended as follows: Duration of Agreement. This agreement shall be in full force and effect for a period commencing January 1, 2001 through December 31, 2001, unless sooner terminated under the provisions hereinafter specified. Exhibit A. Scone of Services. The Consultant shall: 1) work with Tukwila officials, King County elected officials, State elected officials and Sound Transit Board members in an effort to gain final approval of the E4 route and to assist in the approval of additional improvements to the Light Rail routing through the City of Tukwila in a manner most consistent with local, regional and state land use and transportation policies. 2)_work with local, regional and state officials on general matters of interest to the City of Tukwila. All other provisions of the contract shall remain as written and agreed to in the basic contract for services. DATED this day of CONTRACTOR l City of Tukwila AG Ix3(10) 6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M Mullet, Mayor p Mdrtiin r n, Jr. Contractor ATTEST /AUTHENTICATED Amendment 2 Contract for Services Between the City of Tukwila and Martin J. Durkin, Jr. O Cl .L_ C (tot (.L.C.. y Clerk, Jane E. Cantu CITY OF TUKWILA d ek-o., INA ANAL:12A Stever M. Mullet, Mayor Phone: (206) 433 -1800 City Hall Fax (206) 433 -1833 Amendment 1 Contract for Services Between the City of Tukwila and Martin J. Durkin, Jr. The following portions of Contract No. 99 -093 between the City of Tukwila and Martin J. Durkin, Jr. (Consultant) are amended as follows: Comnensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth in Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed four thousand dollars ($4,000) per month plus expenses: Expenses shall be detailed on each monthly billing and shall not exceed five hundred ($500) per month without approval of the City. Duration of Agreement. This agreement shall be in full force and effect for a period commencing January 1, 2000 through December 31, 2000, unless sooner terminated under the provisions hereinafter specified. All other provisions of the contract shall remain as written and agreed to in the basic contract for services. Exhibit A. Scone of Services. The Consultant shall work with Tukwila officials and business leaders to convince the Sound Transit Board members to amend the current preferred alternative route for light rail from what is commonly known as El, to that which is commonly known as E4. In addition, the Consultant shall assist in efforts to ensure that the E4 alternative is funded. All other provisions of Exhibit tAAAshall remain as written and agreed to in the basis contract for services. DATED this„ 27 day of /i eft), 2000 CONTRACTOR CITY OF TUKWILA c— 2 M Ail v.Q 4—_ Martin J. Dui1401, Jr. Steven M. Mullet, Mayor Contractor ATTEST /AUTHENTICATED ,CiEy Clerk, Jane E. Cantu /WA— 0 (ct) Contract For Services AG Q'- c93 This agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", and, MJ Durkan, Inc., hereinafter referred to as "the Contractor" whose principal office is located at 330 Southwest 43rd Street Plaza, Suite 357, Renton Washington 98055. Whereas, the City has determined the need to have certain services performed for its citizens but does not have the staff resources or expertise to perform such services, and Whereas, the City desires to have the Contractor perform such services pursuant to certain terms and conditions, now, therefore, In Consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statues, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the city if the scope or schedule is to be modified in any way. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed three thousand five hundred dollars ($3,500) per month plus expenses. Expenses shall be detailed on each monthly billing and shall not exceed one five hundred dollars ($500) per month without prior approval of the City. Contractor Budoet. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. Duration of Aoreement. This Agreement shall be in full force and effect for a period commencing May 1, 1999 and ending December 31, 1999 unless sooner terminated under the provisions hereinafter specified. CZ Y M] Durkan Contract for Services Page 2 Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shalt be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. Indemnification, The Contractor shall indemnify, defend and hold harmless the City its officers, agents and employees, from and against any and all claims, losses, or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against he City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Insurance. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. Certificates of coverage as required by Paragraph M3 Durkan Contract for Services Page 3 A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. Record Keening and Renortino. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records that sufficiently and properly reflect all direct and indirect costs of any nature expended and services in the performance of this Agreement. These records shall be maintained for a period of seven years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. Audits and Insnections. The records and documents with respect to all matters covered by this Agreement shall be subject inspection, review or audit by law during the performance of this Agreement. Termination. The City giving to the Contractor thirty days written notice of the City's intention to terminate the same may at any time terminate this Agreement. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. Entire Aareement This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. Contract for Services MJ Durkin June, 1999 Page 4 Notices.: Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. Agolicable Law: Venue: Attornev's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or the proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this 7 day of L a- c.c4_ i O o CITY OF TUKWILA CONTRACTOR: BY: 1'`10 TITLE ..c.- frt. 5 D- ATTEST /AUTHENTI CLERK, JANE E. CANTU BY:�_# Maur, John W. Rants: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Exhibit A Scope of Services MJ Durkan, Inc. (Consultant) shall work with Tukwila officials and business leaders to convince the Sound Transit Board members to amend the current preferred alternative route for light rail to serve the Tukwila Urban Center via the Martin Luther King alignment. To facilitate the above, the Consultant shall: Attend Sound Transit Board meetings on behalf of the City and report back on findings. Monitor the activities of various committees and staff activities of the Sound Transit Board and report findings to the City. Meet with members of the Sound Transit Board and provide information favorable to the City's position. Establish effective lines of communication between Sound Transit Board members and the City. Arrange and coordinate opportunities to gain support the City's position with local and state officials. It is understood that the above cited tasks are representative of the requirements associated with achieving the City's objectives and are not necessarily an all inclusive description of the Consultant's efforts. Exhibit B Terms of Payment The Consultant will invoice the City for the agreed upon monthly retainer, plus up to $500 in expenses at the close of each month. Invoices will be paid within twenty (20) days of receipt. All expenses shall be listed in an itemized format. CAS Number: 03-009 COUNCIL AGENDA SYNOPSIS Initials ITEM NO. 1 Meeting Date 1 Prepared by 1 Mayors review 1 Council review January 27 2003 I ✓M 1 r/ 1 (sv 1 a./ A 3 1 1 ti>"/ 1 a. 1 1 1 I I I I Agenda Item Title: Contract for Services; Ball Janik, L.L.P. ITEM INFORMATION Original Agenda Date: January 27, 2003 Original Sponsor: Council Admin. X I Timeline: Sponsor's Summary: The Mayor's Office has been in discussion with Ball Janik to renew a relationship with that firm for Washington D.C. lobbying services. A new scope of work and compensation schedule has been drafted. Recommendations: Sponsor: Authorize Mayor to sign Contract Committee: Administration: 1 Cost Impact (if known): $102,000.00 I Fund Source (if known): General Fund RECORD OF COUNCIL ACTION Action Meeting Date 01 -27 -03 Discussed •a.r. 1 11 APPENDICES Meeting Date 1 Attachments 1/27/2003 I Memo from Mayor's Office, Finance and Safety Committee Minutes (1/21/03) 2/3/03 I No attachments Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee. Administration: I Cost Impact (if known): I Fund Source (if known): Meeting Date 01 -27 -03 Meeting Date 1/27/2003 COUNCIL AGENDA SYA°PSIS 1 Meeting Date I January 27, 2003 Addendum to Interlocal Agreement Before Transfer to Yakima County 2/3/03 I No attachments Authorize Mayor to sign Addendum Initial 1 Prepared by 1 Mayor's review 1 Council review IJM 1 Council Admin. X ITEM INFORMATION CAS Number: 03-010 Original Agenda Date: January 277 2003 Agenda Item Title: Addendum to Renton Jail Agreement The City has an agreement with the City of Renton to house prisoners awaiting transport to Yakima. This addendum sets the rates for that service for 2003. Unknown Administration to provide detail at Council meeting. RECORD OF COUNCIL ACTION Action Discussed at COW; forwarded to 2/3/03 Reg. Mtg. for approval APPENDICES Attachments Memo from Mayor's Office, Finance and Safety Committee Minutes (1/21/03) for Temporary Custody of Inmates Jail ITEM NO. i.J09!�! -.clip COUNCIL AGENDA SYNOPSIS L 1 908 1 1 ITEM INFORMATION CAS Number: 03-012 Original Agenda Date: February 3, 2003 Agenda Item Title: Bid Award for Minkler Shops Traffic Signal Cabinet Room Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 2/03/03 Meeting Date 2/03/03 Council Meeting Date 2/03/03 Initials Prepared by 1 Mayor's review I Council review I TP acrtb 1 7V a. I I I I i I Admin. Public Works This project will convert one of the storage bays at Minkler shops into a new infill room that will allow the inspection, testing and minor repairs for the City's traffic signals. The majority of work will be the addition of electrical service to the area. The project was advertised for bid on November 25 and seven bids were opened on January 3, 2003. The low bid of $53,988.74 was from Paasche Construction, Inc. Award contract to Paasche Construction, Inc. Recommend to Regular Council Meeting Same as Sponsor $53,988.74 (includes sales tax) 303 Facilities RECORD OF COJNCII ACTION Action APPENDICES Attachments Information Memo dated January 6, 2003 Bid Tabulation Transportation Committee Meeting Minutes from January 27, 2003 ITEMNO. 5. ANALYSIS/WORK PLAN INFORMATION MEMO To: Mayor Mullet From: Public Works Directory Date: January 6, 2003 VV Subject: Minkler Shops Traffic Signal Cabinet Room Project Bid Award City Project No. 01 -BG03 ISSUE Award the bid for the Minider Shops Traffic Signal Cabinet Room project. BACKGROUND Part of the function of Street Maintenance and Operations is to receive, test, and repair the various traffic signal cabinets. This activity requires a "clean" dry space to inspect, test, and make minor repairs. In 2002, we retained the architectural services of Wayne Ivary Architects and Associates to develop plans to utilize one of the storage bays for a new infill room. Part of the work required the electrical service improvements from the adjacent building. ACTION TAKEN The project was advertised for bid on November 25. Seven (7) bids were received and opened on January 3, 2003, with the apparent low bid of $49,622.00 submitted by Paasche Construction, Inc. See attached bid tabulation. We have reviewed the bids, notified the apparent low bidder of their opportunity to claim error within 24 hours, which they have declined, and checked the low bidder's references. The estimated cost of $53,988.74, including WSSTX, is within the project budget of $58,000.00 with an adequate contingency for construction. BUDGET AND BID SUMMARY RECOMMENDATION ATP:ad attachment: Bid Tabulation (P:Pmjcf A. 80 Pmjcm\OIBGOO\wrud TG Info Memo) Bid Results Bid Amount 49,622.00 WSSTX 4.366.74 Subtotal 53,988.74 Contingency 4.000.00 Total 57,988.74 Engineer's Estimate Budget 50,000.00 4.400.00 54,400.00 4.000.00 58,400.00 $58,000.00 Award of the contract to Paasche Construction, Inc., 30105 14 Ave. South, Roy, WA 98580 -8630 for the amount of $49,622.00, not including WSSTX. 'Construct Co. (rounding variance) Paasche Construction, Inc. I ENGINEER'S ESTIMATE 1 (P:Pm)WSN" BG P ojed, ■O1BG031Btl Tabulation) BID TABULATION MINKLER SHOPS TRAFFIC SIGNAL CABINET ROOM Project No. 01 -BG03 BIDDERS BASE BID 67,327.001 49,622.00 (Mayer Construction Co., Inc. 59,857.00 (rounding variance) f f jRSE Construction, Inc. 57,558.00 Alphase Builders, Inc. j 69,404.58 C. D. Construction Mgt., Inc. 68,276.00 1 (rounding variance) R. C. Zeigler Co., Inc. 56,777.00 8.8% WSSTX TOTAL 5,924.78 73,251.78 73,251.77 4,366.74 53,988.74 5,267.42 65,124.42 65,124.41 5,065.10 62,623.10 6,107.60 75,512.18 6,008.29 74,284.291 74,284.281 4,996.381 61,773.38 54,400.00 Transportation Committee January 27, 2003 Present: Dave Fenton, Pam Linder, Pam Carter Jim Morrow, Gail Labanara, Pat Brodin, Brian Shelton, Tom Pulford, Lucy Lauterbach ,V i. Minkler Shoos Remodel The Minkler shops have needed a good space for inspecting, testing, and repairing signal lights. An architect recommended how to use part of a bay that was available, as it is hard to back into. The city received seven bids for the remodel project. The lowest was from a small firm, Paasche Construction Inc. from Roy. Jim M said signal maintenance is largely done in- house, and a dry, clean space was needed. The city maintains almost all the signals in the city except a very few on TIB and West Valley. Pam asked about the firm and was told it is a man and his wife, and they did get good references from other governments. Recommend bid award for $49.622 to Paasche Construction Inc. to Regular Meeting 2. Turnover Documents Doak Short Plat The city got 10 feet of right of way for the short plat on S. 148` Street. The short plat of two lots, was used to build three homes. The city would need 60 feet of right of way for any future street improvements, and this will help. This and the following five projects had no alternatives, and they were all inspected and declared ready for public tumovers. Recommend acceptance to consent agenda of a Regular Meeting. Downtown Harley Davidson The Harley shop on 48` near I -5 developed their property and is ready to turn over to the city street sidewalk, curb and gutter, and water improvements. The water will allow a loop to Gateway. Recommend acceptance to consent agenda of a Regular Meeting Heiser Building Addition Because Heiser added building space, they made several improvements they want to turnover to the city. Their building is off TIB. They are turning over street lights, curb, gutter and sidewalk, storm drains and a water line. Recommend acceptance to consent agenda of a Regular Meeting. Hot Mix Pavers In order to compensate for their building, Hot Mix Pavers built some street frontal improvements, including a storm drain and a fire hydrant. Their building is located near NorMed off of S. 133` Recommend acceptance to consent agenda of a Regular Meeting. Thorndvke Elementary The school rebuild is now complete, and they are ready to tum of storm drains and catch basins. Pam pointed out the improvements were required as the school had to treat the land as if it had never been developed. Recommend acceptance to consent agenda of a Regular Meeting. CAS Number: 03-007 ITEM INFORMATION Original Agenda Date: January 27, 2003 Agenda Item Title: Amendment to TMC 2.68.027 pertaining to Removal of Municipal Court Judge. I Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): I Fund Source (if known): Meeting Date 01 27 03 Meeting Date 1 1/27/2003 Eatues COuivCIL AGENDA SYNOPSIS 1 Meeting Date 1 January 27, 2003 I' Council An amendment has been drafted to the TMC that clarifies the circumstances by which a Municipal Court Judge can be removed from office. Recommend Council approve the ordinance. N/A Initials I Prepared by 1 May review 1 Council review I ✓M 1 1i9'V 1 C. I I/ I ra?C 1 1 1 1 1 1 Admin. X RECORD OF COUNCIL ACTION Action Discussed..at COW; forwarded to 2/3/03 Rea. Mta for formal adoni-inn_ ITEM No. APPENDICES Attachments Memo from Mayor's Office dated 1/16/03; Finance and Safety Committee Minutes (1/21/03) Proposed, draft ordinance Ordinance 1 n fi at orm 1 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING ORDINANCE NO. 1324, SECTION 16, AS CODIFIED AT TUKWILA MUNICIPAL CODE 2.68.027, "REMOVAL OF JUDGE," PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Tukwila City Council desires further clarification of the circumstances by which a municipal court judge can be removed from office; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 1324 §16, as codified at Tukwila Municipal Code 2.68.027, is hereby amended to read as follows: 2.68.027 Removal of judge. A. A municipal judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office, or by operation of law. For the purposes hereof, conviction of misconduct or malfeasance in office shall include: (1) conviction of any criminal offense by the Municipal Judge during the term of office of the Municipal Judge; (2) a determination by the Washington State Judicial Conduct Commission that a code or standard of judicial conduct has been violated; or (3) a finding by the City Council, after notice and a hearing and reasonable opportunity to be heard, that conduct has occurred, not limited to criminal convictions, which interferes with or prevents the Municipal Judge from being able to adequately administer or handle judicial functions of the Municipal Court, or which indicates that the judge cannot act in a fair, and /or impartial manner. B. It is provided, however, that if the Washington State Judicial Conduct Commission, or the Washington State Supreme Court or other court with the jurisdiction to make such decisions, decides that the Municipal Judge is to be removed from office or that the Municipal Judge is not qualified or able to serve as a Municipal Judge, then no further or separate action by the City Council is required to effect such removal. C. Any vacancy in the Municipal Court due to death, disability, or resignation of the Municipal Court judge shall be filled by the Mayor for the remainder of the unexpired term. The appointment shall be subject to confirmation by the City Council. The appointed judge shall be qualified to hold the position of judge of the Municipal Court, as provided in this ordinance and RCW 3.50 as amended by Chapter 258, Laws of 1984. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2003. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Steven M. Mullet, Mayor Filed with the City Clerk Passed by the City Council: Published: Effective Date: Ordinance Number: CAS Number: 03-013 Agenda Item Title: Streamlined Sales Tax Project Original Sponsor: Council Admin. X Timeline: Present update on potential impact to Tukwila. Sponsor's Summary: See Association of Washington Cities (AWC) attachments regarding the purpose of changing the source of retail tranactions and the potential impact per Alan's staff report Recommendations: Sponsor: Review the potential impact and influence on legislation. Committee: N/A Administration: Same as Sponsor I Cost Impact (if known): Potential of a $(1.8) million in net revenue loss I Fund Source (if known): General Government Funds r Meeting Date 2/3/03 2/3/03 2/3/03 COUNCIL AGENDA SYNOPSIS 1 Meetin Date 2/3/03 Prepared by ARD Initials Original Agenda Date: 2/3/03 VO3" 3'+' /.S '44 1 Action Meeting Date 2/3/03 January 13, 2003 letter from Katherine Washington 1 Mayor's review 1 Council review 1 1 tan/ I _Lee 1 Attachments ITEM NO. Januay 17, 2003 copy of Association of Washington Cities newsletter article on streamlined Sales Tax. Staff report from Alan Doerschel dated January 30, 2003 regarding potential impact and status of legislation. To: Mayor Steve Mullet Tukwila City Council From: Alan R. Doerschel Date: January 30, 2003 Subject: Proposed Streamlined Sales Tax Legislation Good News! Apparently the Department of Revenue has tabled the sourcing (point of sale) issue pending an in -depth study of alternatives over the next year or two. This is late breaking news and will be confirmed at a formal presentation on February 3, 2003 at the City Council meeting. What follows is an analysis of the legislation as originally proposed. It is important to note that at the time of this writing, that proposal is still active. Backeround As described in the two attached pages from the Association of Washington Cities, there is an effort to alter the sales tax rules to bring continuity among all states in how sales tax is collected. This presumably would provide a uniform method to tax E- Commerce sometime in the future. Of greatest concern is that portion of the proposal to change to a "point of sale" formula. Currently, goods are taxed where the consumer picks them up, or taxed from the site that delivers the goods to the customer. The proposal will tax goods where they are delivered (customers location and city). This would have serious consequences for Tukwila. Over 200 businesses here ship goods to the customer. Analysis I have interviewed by phone and in person over 50 businesses that may be impacted by the Point of Sale formula. (All businesses generating over $20,000 in tax revenue to Tukwila were contacted). The results of this survey are dramatic as shown below: Estimated Annual Tax Revenue Loss $(1,900,000) Less: Estimated Revenue Offset* 100,000 Net Estimated Loss $(1,800,000) *Tax revenue received due to the point of delivery now being in Tukwila This estimate is reasonably accurate. Approximately $1,750,000 is documented with an estimated $150,000 impact for the smaller affected businesses. We are working with other potentially impacted cities (Kent is estimated to lose about $4 million), the Association of Washington Cities, and the Department of Revenue to bring about a fair and equitable solution. From: "Katherine Washington" <katherinew @awcnet.org> To: "Katherine Washington" <katherinew©awcnet.org> Date: 1/13/03 2:54PM Subject: Impact Estimates Needed for Streamlined Sales Tax Legislation Please contact Jim Justin or Sheila Gall of AWC with any estimates, questions, or concerns at jimj©awcnet.org or sheilag @awcnet.org or by phone at (360) 753 -4137. To Mayors, City Managers /Administrators, IGRs, and Finance Directors: Streamlined Sales Tax Project: For the past several years, the State of Washington has participated in the Streamlined Sales Tax Project (SSTP), a national effort by a coalition of states to make sales and use taxes simpler and more uniform. The Department of Revenue has introduced legislation to implement some of the recommendations of the SSTP in our state. Once Washington adopts this legislation, it will qualify to become a member of the governing board, which will decide the rules for future streamlined sales tax provisions. A desired outcome of the SSTP is to convince Congress to pass enabling legislation allowing states to collect sales or use tax on remote sales. (e.g. mail- order, Internet, or television sales by persons with no physical presence in the state.) Under the U.S. Supreme Court's ruling in Quill v. North Dakota (1992), the Commerce Clause of the U.S. Constitution prohibits states from taxing such sales without the consent of Congress. Under current law, purchasers of goods from remote sellers are responsible for payment of use tax, but individual customers rarely know about or pay the use tax voluntarily, and enforcement is impractical. As internet sales in particular continue to grow In future years, sales and use tax I sses to local governments and the state are expected to be substantial. Summary of Proposal: Most of the changes under the SSTP are compatible with current practice in Wasl'rin�gton, and the Department of Revenue has predicted that there will be a small overall revenue increase as a result of the changes A summary of the legislation is available at <http://www.awcnetorg/email/streamlinedsummary011002.pdf> http://www.awcnet.org/email/streamlinedsummary011002.pdf Sourcing Rule: The SSTP legislation does include a "sourcing rule" for allocating local sales tax that differs from the one currently in effect. Under current law, the local sales tax on sales of goods is allocated to the jurisdiction of the retail outlet at which or from which delivery is made. The SSTP would shift local sales taxes to the place of delivery instead. In most instances, the customer accepts delivery at the retail outlet and there would be no practical difference between current practice and the SSTP proposal. However, in those instances where goods are delivered to the customer at a separate location, the SSTP proposal would allocate sales tax to the jurisdiction in which the customer is located rather than the jurisdiction in which the retailer is located. In particular, the Department of Revenue has identified the potential for substantial shifts in revenues from jurisdictions with businesses that involve delivery of goods to customers in other areas (such as software sales and warehouses that deliver goods like fumiture to retail customers outside the jurisdiction). One jurisdiction has estimated that the impact of this revenue shift could be as much as 20% of its sales tax base. Impact Estimates Needed: AWC has been asked to help identify jurisdictions that may be substantially impacted by the changes under the SSTP proposal and help estimate the magnitude of revenue shifts between jurisdictions. The Department of Revenue is also working to identify jurisdictions most severely impacted. It is our hope that this information will assist us in evaluating potential solutions to help mitigate severe revenue impacts to individual jurisdictions. An initial legislative work session on this issue will be held on Friday, January 17, 2003 in the House Finance Committee. Streamlined Sales Tax Project The House Finance Committee held an initial Legislative work session on lkiday afternoon, January 17, on the Department of Revenue's (DOR) legislative proposal to implement some of the :.mdatlons of the Streamlined Sales Tax Project (SSTP) In our state. If Washington adopts this legislation, DOR will qualify to become a member of the governing board, which will determine future streamlined sales tax provisions. For the past several years, Washington has participated In this national effort by a coalltion of states to make sales and use taxes simpler and more uniform. The primary denired outcome of the SStP is to convince Congress to pass enabling legislation allowing states to collect sales or use to on remote sales (e.g. mail-order. Internet, or television sales by persons with no physical presence hi the state). Under current law purchasers of goods from remote sellers are responsible for payment of use tar, but individual customers rarely pay the use tax voluntarily, and enforcement is impractical. As Internet sales in particular continue to grow, sales sad use tax losses to local and state 6. are expected to be substantial. Most of the changes under the SSTP are compatible with current practices In Washington. The Department of Revenue predicted that Washington will aperients a small overall revenue Increase as a result of definitional changes, resulting in the taxation es exemption of certain Items (ex bottled water would be exempt and beverages with less than 50% fruit juice would be subject to tax as a soft drink). Souring Rule The SST1 legaaletttoa also includes a "sourcing rule' for allocating local sales tax that Was from the one currently in effect Under current law, the local sales tax on sales of goods is allocated to the jurisdiction of the retail outlet at which or from which delivery is made. The SSTP would shift the local sales taxes to the place of delivery. 'Ibis change Is needed H DOR were ever able to collect sales tax from remote sellers. In most Instances, the customer accepts delivery at the retail outlet and there would be no practical difference between current practice and the SST? proposal. However, In those Umtata where goods are delivered to the customer at a separate location. the SST? proposal would allocate sales tax to the jurisdiction in which the customer Is located rather than the jurisdiction in which the retailer is located. The Department of Revenue has identified the potential for substantial shifts ill revenues from jurisdictions with a high level of businesses that involve delivery of retail goods to customers in other areas (such as software sales and warehouses that deliver goods to retail customers outside the jurisdiction). Impact Estimates Needed ARC has been asked to help the Department of Revenue identify jurisdictions that may be substantially Impacted by the changes under the SST? proposal and help estimate the magnitude of revenue shifts between jurisdictions. This information will help us evaluate potential solutions to help mitigate severe revenue Impacts to Individual jurisdictions. In general AWC supports this proposal because we recognize the long-term abjective of tart equity and fairness for remote sellers. However we remain concerned that some titles and towns may be negatively impacted by the sourcing rale. We continue to collect data on the impacts of the bill as we formulate various remedies for those most severely impacted' We will keep you posted on this Issue Including spedfic bills and hearing schedules. Please contact Jim Justin or Sheila Gall of ARC with any estimates, questions, or suntans A WC )1n103