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HomeMy WebLinkAboutCOW 2003-05-27 COMPLETE AGENDA PACKETTukwila City Council Agenda COMMITTEE OF THE WHOLE Steven M. Mullet, Mayor Councilmembers: Joe Duffie Dave Fenton Rhonda Berry, Acting City Administrator Jim Haggerton Joan Hernandez Pam Carter, Council President Pamela Linder Richard Simpson Tuesday, May 27, 2003; 7 p.m. Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL Starfire Sports update (Fort Dent Park) by Chris Slatt. PRESENTATIONS 3. CITIZEN COMMENT/ At this time, you are invited to comment on items not included on CORRESPONDENCE this agenda. To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL ISSUES a. Authorize City to continue serving as fiscal agent for the Pg 3 Valley Narcotics Enforcement Team (7/1/03 6/30/04). b. Authorize Mayor to sign an agreement with U.S. Bank for P 7 (continued) banking services. c. A resolution declaring intent to reimburse capital p expenditures in connection with arterial street projects from proceeds of future borrowing. d. Interlocal agreement for animal control services. Pg.19 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 1 8. ADJOURN TO SPECIAL MEETING SPECIAL MEETING Ord #2019 Res #1523 1. CALL TO ORDER ROLL CALL 2. OLD BUSINESS a. Presentation of Findings of Fact and Conclusions of Law, pg. 37 Cascade Glen. b. Authorize City to continue serving as fiscal agent for the Valley Narcotics Enforcement Team (7/1/03 6/30/04). (See item 4.a. above.) c. Authorize Mayor to sign an agreement with U.S. Bank for (continued) banking services. (See item 4.b. above.) d. A resolution declaring intent to reimburse capital expenditures Pg, 43 in connection with arterial street projects from proceeds of future borrowing. (See item 4.c. above.) 3. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by calling the City Clerk's office 206 433 1800 /TDD 206 248 -2933. This notice is available in alternate formats for those with disabilities with advance notice and is also available at http://www.ci.tukwila.wa.us. Tukwila Council meetings are audio taped. Meeting Date I 5/27/03 CAS Number: p Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known). I Fund Source (if known): COUNCIL AGENDA SYNOPSIS Meeting Date 5/27/03 03-070 Initials ITEM NO. Prepared by 1 Mayor's review 1 Council review 1 1 1 ls!Cf. 1 I I 1 I I I CC_ ARD 1 I I iiI° %�:�:ii':� %'.S Original Agenda Date: 5/27/03 no :A/ Authorize City to be fiscal agent for Valley Narcotics Enforcement Team July 1, 2003 June 30, 2004 Council Admin. Action X Approve at June 2, 2003 meeting. The City's authorization will end on June 30, 2003. We will need to, by motion, authorize the City to continue for an additional year. The Adopted Budget for 2003 assumes a continuation. Approve as submitted Finance Safety May 19, 2003 Moved forward to May 27, 2003 Same as sponsor N/A N/A Meeting Date 1 Attachments 5/27/03 Staff report dated May12, 2003 5/27/03 Finance Safety Committee minutes from May 19, 2003 meeting. MEMORANDUM TO: FROM: DATE: SUBJECT: City Of Tukwila Police Department An Accredited Agency The Finance and Safety Committee via- Mayor Mullet's Office Keith Haines, Chief of Police May 12, 2003 Fiscal Agent For V -NET This year I am continuing to Chair the Executive Board for the Valley Narcotics Enforcement Team (V -NET). This partnership to fight mid to upper level drug dealing in our region now includes Tukwila, Aubum, Renton, Kent, Washington State Patrol, and the King County Sheriff's Office. This year up until June 30, our Finance Department has been acting as the official fiscal agent for V -Net. This is the first year we have had that responsibility and I an requesting that we continue in that role for one more year from July 1, 2003 until June 30, 2004. I have discussed this extension with our Finance Director who supports this extension. cc: Alan Doerschel, Finance Director File Steven M. Mullet, Mayor Keith E. Haines, Chief of Police 6200SouthcenterBlvd. Tukwila, WA 98188 Phone: (206) 433 -1808 Admin. Fax: -(206) 244 -6181; Invest. Fax: -(206) 431 -3688 Finance and Safety Committee May 19, 2003 Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson Rhonda Berry, Alan Doerschel, Lucy Lauterbach 1. V -Net Fiscal Agent Since last year Tukwila has been handling the finances of the Valley Narcotics Enforcement Team (V -Net), which is made up of officers from Tukwila, Auburn, Renton, Kent, the State Patrol, and King County. Tukwila is the Last jurisdiction to handle the finances. The other cities have done it for from two to four years each. Alan said he was happy to do it, and the City gets some payments for being the fiscal agent, as well. Recommend motion to continue as fiscal agent for V- Net to Regular Meeting. 2. General Fund Budget Changes 2003 There have been four unbudgeted projects this year: contract for Ball- Janik, additional money for connectivity line to the pool, the GIS survey of north Tukwila for pipe locations, and the Waldron firm's search for a new city administrator. The changes add up to just over $300,000. The GIS survey will be paid for by putting off other surface water projects to be done later in the schedule. If ACC is added, it would go on top of these costs. Jim asked if the City could afford $50,000 for ACC Alan said there are two ways of looking at it: on one hand, the city can't afford for money to disappear from the Planning Model. On the other hand, if it is something the city really wants, the money should be spent. The only caveat is that money spent today will not be available tomorrow. Alan is working on the bond for the bridge, Tuk Village, and Golf Course. He said he may need to move some bond funding to streets and elsewhere to get non -taxed bonds, which Tuk Village bonds would not be. Non -taxed bonds have lower rates than taxable bonds. Jim also asked about budget changes made during the year. Alan said he gathers all of those together in November, and the Council amends the budget to accommodate those amendments. Information. 3. Banking Services Contract Tukwila uses one local bank for checking, credit cards, and to hold our excess cash. Banks are anxious to be cities' bank, and they all compete to try to get a city's business. Once again, U.S. Bank has won the contract. Alan said his staff has enjoyed working with the bank, and they have a very good working relationship. The agreement will be for two years, with two one -year extensions. Recommend mayor's signature on Agreement to COW. 4. Animal Control Interlocal At their last meeting, committee members had questions about the animal control services; how much they had been working in Tukwila recently, and what kinds of calls they answered here. No one had seen the trucks as much as they once had. The only information the city had was from the last invoice animal control submitted in January, 2003. They had given the monthly total hours worked in the city, and those hours were higher than the 12 hours assigned. That also means the City's bills were higher than anticipated. We have not been billed this year yet, as the County has been trying to negotiate the higher rate for services. After discussion, the committee agreed that they wanted more accountability than they have gotten in the past, and they will pay the $60/hour rate for 12 hours /week from July 1- December 31 this year. After those six months are up, the City will evaluate whether the additional service was worth the cost. Recommend interlocal agreement to COW. t. tiu Committee chair approval vitIA, i O e ail► 1906 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): Meeting Date 5/27/03 COUNCIL AGENDA SYNOPSIS Meetinz Date 5/27/03 Initials Prepared by 1 Mayor's review 1 Council review 1 OA I lie_ I ARD fr:10:' waeot.',,t #..e Original Agenda Date: 5/27/03 Approve U.S. Bank to provide banking services for the City of Tukwila Finance Safety Move forward to May 27, 2003 meeting Same as sponsor See attached N/A Action Affetiffiaffr X ITEM NO. 4 .b CAS Number: 03-071 Banking Services Contract Council Admin. Approve at June 2, 2003 Regular meeting. The contract with U.S. Bank expires May 30, 2003. After receiving bids from four banks (attached) we recommend that U.S. Bank be selected and authorize mayor to sign agreement. Meetinz Date 1 Attachments 5/27/03 Staff report dated May 15, 2003 with attachments 5/27/03 Finance Safety Committee minutes from May 19, 2003 meeting. To: Finance Safety Committee From: Alan R. Doerschel C1 21) Date: May 15, 2003 Subject: Banking Services Contract The City Of Tukwila Banking Services Contract expires May 31, 2003. Currently we use U.S. Bank as our banking services provider. We requested bids from local banks and received four bids (see attached proposal request). Summary of Submittals: Bank of Wells Element U.S. Bank America Kev Bank Fareo Banking Services $(10,285) $(11,364) $(6,840) $(10,332) Merchant Services (14,643) (15,527) (17,053) (14,753) Earnings Credit 27,500 25,300 23,000 23,000 Net Impact $2,572 $(1,591) $(893) $(2085) Annual Banking Services includes all costs of maintaining our account. Merchant Services includes the costs of handling all of the credit card transactions (over 21,000 per year). Earnings Credit reflects the income we receive from the bank for our compensating balance in our account and offsets the costs. Recommendation The Finance Department recommends retaining U.S. Bank as our service provider. This is based on the lower cost and the current excellent service provided. The City Council needs to authorize the Mayor to sign the agreement. City of Tukwila REQUEST FOR PROPOSAL I. PURPOSE OF REQUEST The City of Tukwila "City") is requesting proposals for its primary banking services. The City's needs are outlined in the following Request for Proposal "RFP II. TIME SCHEDULE The City will essentially follow this timetable, which should result in the implementation of a banking services agreement by June 1 or July 1 at the latest. Issue RFP Pre -bid Conferences/Interviews Deadline for Submittal of Proposals Selection of Firm Recommendation to City Finance Committee Council Approval Effective Date III. INSTRUCTIONS TO PROPOSERS A. All proposals and/or questions should be directed to: Alan R. Doerschel, Finance Director City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433-1838 Adoerschel(u ci.tukwilawa.us April 8, 2003 April 25-29, 2003 May 9, 2003 May 13, 2003 May 19, 2003 May 26, 2003 June 1 or July 1, 2003 B. All proposals must be in a sealed envelope and clearly marked in the lower left- hand comer: "RFP Banking Services C. All proposals must be received by May 9, 2003 prior to 5:OOp.m. Two copies of the RFP must be presented. No faxed or telephone proposals will be accepted. Late proposals shall be returned unopened. D. Proposals should be prepared simply and economically, providing a straight forward, concise description of provider capabilities to satisfy the requirements of the request. Emphasis should be on completeness and clarity of content. GENERAL INFORMATION The City of Tukwila is soliciting proposals for a primary banking relationship with a Financial Institution or Firm that operates an office within the city limits. The City will be contracting for the following general services for a two -year period beginning June 1, 2003 and ending May 31, 2005, with two 1 -year succeeding renewal periods optional at that time. Additions to or deletions from the proposal submitted shall be allowed only by the mutual and written agreement of the City of Tukwila and the chosen Bank, to be attached here as an amendment. Demand deposit checking accounts Overdraft protection Trust escrow agent services Investment safekeeping services Miscellaneous other services Tukwila will utilize a check system, as opposed to warrants. The City anticipates that proposed banking services would be compensated by the credit earned on average collected balances, but is also willing to consider other options. Tukwila is interested in Internet services including but not limited to: account reconciliation; check image retrieval, account analysis, on -line transactions and e- commerce. Details of Internet services information requested is identified in section F of this RFP. The City will consider Internet services available in the selection process by may elect to use none or any number of such services available. SERVICES REQUIRED Attachment "A" Scope of Services Credit/debit card acceptance Corporate credit cards Electronic funds transfer (ACH, wire) Banking supplies Payroll direct deposit Checking Accounts: The City currently utilizes several checking accounts: (1) A general checking account, which includes refunds, electronic transfer and separately accounted for payroll and claims checking breakouts, and (2) An advance travel account. The institution will furnish the City with additional checking accounts as needed. Currently, City staff picks up, delivers the deposit to the institution's branch once each workday, for processing, and credit to the City's account that day. NSF checks must be processed twice before being returned to the City. The basic checking account services should at least consist of: Provide month-end statements by the 10 day of the following month and provide statements to various auditors upon request; Electronic check image retrieval on cd monthly including necessary software; Provide individual and consolidated monthly account analysis for all accounts by the 15 day of the following month; Provide an automated wire transfer system for transferring money to other institutions, along with appropriate security levels for wire transfer initiations and approvals; Provide computer balance reporting system, with information on collected, available and closing balances, as well as details of all debits and credits posted to the account for the previous day, by 8:00a.m. each business day; Provide a reporting system that shows current day ACH credits, by 8:00a.m. each business day. Currently the City receives property tax distributions daily through the ACH system and Present: Joe Duffie, Chair; Jim Haggerton, Richard Simpson Rhonda Berry, Alan Doerschel, Lucy Lauterbach 1. V Net Fiscal Agent Since last year Tukwila has been handling the finances of the Valley Narcotics Enforcement Team (V -Net), which is made up of officers from Tukwila, Auburn, Renton, Kent, the State Patrol, and King County. Tukwila is the last jurisdiction to handle the finances. The other cities have done it for from two to four years each. Alan said he was happy to do it, and the City gets some payments for being the fiscal agent, as well. Recommend motion to continue as fiscal agent for V- Net to Regular Meeting. 2. General Fund Budget Changes 2003 There have been four unbudgeted projects this year: contract for Ball Janik, additional money for connectivity line to the pool, the GIS survey of north Tukwila for pipe locations, and the Waldron firm's search for a new city administrator. The changes add up to just over $300,000. The GIS survey will be paid for by putting off other surface water projects to be done later in the schedule. If ACC is added, it would go on top of these costs. Jim asked if the City could afford $50,000 for ACC. Alan said there are two ways of looking at it: on one hand, the city can't afford for money to disappear from the Planning Model. On the other hand, if it is something the city really wants, the money should be spent. The only caveat is that money spent today will not be available tomorrow. Alan is working on the bond for the bridge, Tuk Village, and Golf Course. Ile said he may need to move some bond funding to streets and elsewhere to get non -taxed bonds, which Tuk Village bonds would not be. Non -taxed bonds have lower rates than taxable bonds. Jim also asked about budget changes made during the year. Alan said he gathers all of those together in November, and the Council amends the budget to accommodate those amendments. Information. 3. Banking Services Contract Tukwila uses one local bank for checking, credit cards, and to hold our excess cash. Banks are anxious to be cities' bank, and they all compete to try to get a city's business. Once again, U.S. Bank has won the contract. Alan said his staff has enjoyed working with the bank, and they have a very good working relationship. The agreement will be for two years, with two one year extensions. Recommend mayor's signature on Agreement to COW. 4. Animal Control Interlocal At their last meeting, committee members had questions about the animal control services; how much they had been working in Tukwila recently, and what kinds of calls they answered here. No one had seen the trucks as much as they once had. The only information the city had was from the last invoice animal control submitted in January, 2003. They had given the monthly total hours worked in the city, and those hours were higher than the 12 hours assigned. That also means the City's bills were higher than anticipated. We have not been billed this year yet, as the County has been trying to negotiate the higher rate for services. After discussion, the committee agreed that they wanted more accountability than they have gotten in the past, and they will pay the $60/hour rate for 12 hours /week from July 1- December 31 this year. After those six months are up, the City will evaluate whether the additional service was worth the cost. Recommend interlocal agreement to COW. Committee chair approval Finance and Safety Committee May 19, 2003 Meeting Date 1 5/27/03 Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): N/A Fund Source (if known): N/A Meeting Date 5/27/03 5/27/03 5/27/03 COUNCIL AGENDA SYNOPSIS Meeting Date 5/27/03 Initials ITEM Na Prepared by 1 Mayor's review 1 Council review 1 ARD I le-04 1 _4!e!_ 1 I I I I LA. `C I I I I Original Agenda Date: 5/27/03 1 CAS Number: 03-072 1 Agenda Item Title: Resolution to reimburse Capital Expenditures in connection with Arterial Street Projects. I Original Sponsor: Council Admin. X Timeline: Approve at May 27, 2003 or June 2, 2003 meeting. Sponsor's Summary: See attached Resolution and Staff Report Approve at May 27, or June 2, 2003 meeting. Finance Safety May 19, 2003 No recommendation Same as sponsor �4.`,. %1G :4% %lI V .�Y Action Attachments Staff report from Finance Proposed Resolution Finance Safety Committee minutes from May 19, 2003 To: Tukwila City Council From: Alan R Doerschel a a Date: May 22, 2003 Subject: New Resolution to clarify Bond Issue Elements I previously mentioned at the May 19, 2003 Finance Safety Committee meeting that we will need to revise the Bond Issue to reflect a different distribution. The original resolution (Resolution 1514) in February 2003 called for the Tukwila Village project completion to be funded by our upcoming Bond Issue. However, this amount ($3.9 million) is now considered taxable bonds because a private developer (Sabey) will be the ultimate benefactor. To save the City more than $500,000 in debt service cost over the life of the bonds, we need to do a supplanting effort. We did the same thing on the 6300 Building bonds purchase. We will use the bond funds for the Repair Overlay of South 144th project and Tukwila International Boulevard projects. The (cash) funds available for these projects will then be allocated for the Tukwila Village remaining property purchases. Timing is important to capture expenditures being made in April, May and June if approved by the Council. I will prepare a budget amendment to reflect both these changes and the final Ordinances for the entire Bond Issue. D n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING ITS OFFICIAL INTENT TO REIMBURSE CAPITAL EXPENDITURES IN CONNECTION WITH ARTERIAL STREET PROJECTS FROM PROCEEDS OF A FUTURE BORROWING. WHEREAS, the City of Tukwila, Washington (the "City intends to make expenditures for the projects identified below, from funds that are available, but that are not (and are not reasonably expected to be) reserved, allocated on a long- basis, or otherwise set aside for those expenditures; and reasonably expects to be reimbursed for those expenditures from proceeds of bonds or other obligations "bonds issued to finance those expenditures; and WHEREAS, certain federal regulations (the "federal reimbursement regulations relating to the use of proceeds of tax exempt bonds to reimburse the issuer of the bonds for expenditures made before the issue date of the bonds require, among other things, that not later than 60 days after payment of the original expenditure the City (or any person designated by the City to do so on its behalf) declare a reasonable official intent to reimburse those expenditures from proceeds of bonds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Description of Projects for Which Expenditures are to be Made. The City intends to make (and /or, not more than 60 days before the date of this declaration, has made) expenditures, and reasonably expects to reimburse itself for those expenditures from proceeds of bonds, for the following projects: 1. Capital Overlay Projects This is a continuation of the City's desire to provide a viable arterial street network in Tukwila. 2. South 144m (42ND Avenue South to Military Road) This project is related to the program to upgrade the vehicle and pedestrian traffic around the Tukwila Village Project. 3. Tukwila International Boulevard This is a restatement of the project in Resolution No. 1514, dated February 3, 2003, Section 1.A., Tukwila Village. Section 2. Maximum Principal Amount of Obligations Expected to be Issued for the Projects. The City expects that the maximum principal amount of bonds that will be issued to finance these projects will be $4,000,000. Section 3. Declaration Reasonable. The City Council has reviewed its existing and reasonably foreseeable budgetary and financial circumstances and has determined that the City reasonably expects to reimburse itself for expenditures for the projects from proceeds of bonds because the City has no funds available that already are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside by the City for those expenditures on the projects. Section 4. Limitations on Uses of Reimbursement Amounts. The City will not, within one year after the expected reimbursement, use amounts corresponding to proceeds received from bonds issued in the future to reimburse the City for previously paid expenditures for the project in any manner that results in those amounts being treated as replacement proceeds of any tax- exempt bonds, i.e., as a result of being deposited in a reserve fund, pledged fund, sinking fund or similar fund (other than a bona fide debt service fund) that is expected to be used to pay principal of or interest on tax exempt bonds. Nor will the City use those amounts in any manner that employs an abusive arbitrage device to avoid arbitrage restrictions. Section 5. Date of Declaration. This declaration of official intent shall be dated as of the date of adoption of this resolution. Section 6. Ratification and Confirmation. Any actions of the City or its officers prior to the date thereof and consistent with the terms of this resolution are ratified and confirmed. Section 7. Effective Date. This resolution shall be in full force and effect from and after its adoption and approval. 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 Filed with the City Clerk. Passed by the City Council: Resolution Number: Pam Carter, Council President Finance and Safety Committee May 19, 2003 Present: Joe Duffie, Chair; Jim Haggerton, Richard Simpson Rhonda Berry, Alan Doerschel, Lucy Lauterbach 1. V -Net Fiscal Agent Since last year Tukwila has been handling the finances of the Valley Narcotics Enforcement Team (V -Net), which is made up of officers from Tukwila, Auburn, Renton, Kent, the State Patrol, and King County. Tukwila is the Last jurisdiction to handle the finances. The other cities have done it for from two to four years each. Alan said he was happy to do it, and the City gets some payments for being the fiscal agent, as well. Recommend motion to continue as fiscal anent for V- Net to Regular Meeting. 2. General Fund Budget Changes 2003 There have been four unbudgeted projects this year: contract for Ball Janik, additional money for connectivity line to the pool, the GIS survey of north Tukwila for pipe locations, and the Waldron firm's search for a new city administrator. The changes add up to just over $300,000. The GIS survey will be paid for by putting off other surface water projects to be done later in the schedule. If ACC is added, it would go on top of these costs. Jim asked if the City could afford $50,000 for ACC. Alan said there are two ways of looking at it: on one hand, the city can't afford for money to disappear from the Planning Model. On the other hand, if it is something the city really wants, the money should be spent. The only caveat is that money spent today will not be available tomorrow. Alan is working on the bond for the bridge, Tuk Village, and Golf Course. He said he may need to move some bond funding to streets and elsewhere to get non -taxed bonds, which Tuk Village bonds would not be. Non -taxed bonds have lower rates than taxable bonds. Jim also asked about budget changes made during the year. Alan said he gathers all of those together in November, and the Council amends the budget to accommodate those amendments. Information. 3. Banking Services Contract Tukwila uses one local bank for checking, credit cards, and to hold our excess cash. Banks are anxious to be cities' bank, and they all compete to try to get a city's business. Once again, U.S. Bank has won the contract. Alan said his staff has enjoyed working with the bank, and they have a very good working relationship. The agreement will be for two years, with two one -year extensions. Recommend manor's signature on Agreement to COW. 4. Animal Control Interlocal At their last meeting, committee members had questions about the animal control services; how much they had been working in Tukwila recently, and what kinds of calls they answered here. No one had seen the trucks as much as they once had. The only information the city had was from the last invoice animal control submitted in January, 2003. They had given the monthly total hours worked in the city, and those hours were higher than the 12 hours assigned. That also means the City's bills were higher than anticipated. We have not been billed this year yet, as the County has been trying to negotiate the higher rate for services. After discussion, the committee agreed that they wanted more accountability than they have gotten in the past, and they will pay the $60/hour rate for 12 hours /week from July 1- December 31 this year. After those six months are up, the City will evaluate whether the additional service was worth the cost. Recommend interlocal agreement to COW. c_= `IAA l 4 Committee chair approval ITEM INFORMATION CAS Number: 03-073 Original Agenda Date: 5/27/03 Agenda Item Title: Interlocal Agreement for Animal Control Services Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if knnyml: Fund Source (if known) Meeting Date 5/27/03 Meeting Date 5/27/03 COUNCIL AGENDA SYNOPSIS Meeting Date 5/27/03 Council x Admin. X Initials Prepared by !Mayor's review) Council review 1 I I f I I I I I I Discuss having Tukwila patrol by animal control services in Tukwila at the new $60 /hour rate. If you agree to the continued service, recommend interlocal agreement to a Regular Meeting. Recommend interlocal for adoption Finance and Safety recommended interlocal Same as sponsor $18,720 in 2003 Add;t4n•I General fund 000, o3. 5 100 P 30 RECORD OF COUNCIL ACTION Action APPENDICES Attachments Memo from Lucy Lauterbach dated May 22, 2003 Interlocal agreement and amendment 2002 Statistics Finance and Safety Committee minutes May 5, May 19 ITEM No. 4 To: City Council From: Lucy Lauterbach Date: May 22, 2003 Subject: Animal Control Interlocal Agreement Since 1994 Tukwila has had an interlocal agreement with King County Animal Control (KCAC) for extra animal control patrols here. For many years the agreement has been for twelve hours of patrol, at the rate set in 1994, which is $28.75 /hour. Tukwila is now the only south end city that contracts for additional patrols. King County has tried since winter to raise the hourly rate of Tukwila's patrol to its current cost of $60/hour. Normally they invoice the city quarterly, but have not yet sent an invoice this year, because they've been trying to negotiate the new, higher rate. Finance and Safety discussed this issue, and looked at the most current records (2002) for hours of patrol and for types of calls in Tukwila. The consensus of staff and the Committee members was that the accountability of animal control was not adequate, and that they have not been seen to be on patrol in Tukwila in the past six to twelve months. In past years we often saw the truck at City Hall, and talked often to Pam McClaren. With Pam's absences from work last year, we saw the patrol trucks less often here. That has not changed since then. Animal Control calls for service rose to 21,000 last year, which may explain why we've seen less of our officers. Several solutions to the current issues were proposed. First, there is a phone number for anyone with an immediate pet problem to bypass the telephone tree at Animal Control. The phone number is (206) 296 -7287 (296 -PETS) and next dial 24, to avoid the endless messages. That will put you in touch with an operator. The Committee also wanted better information about when officers would be on patrol in Tukwila. Calendars showing morning or afternoon patrols are being requested. Dennis Robertson suggested detailed information about Tukwila calls for service should be reviewed monthly. We will request that patrols be more visible to City Hall and citizens with the new contract. Another issue Tukwila has is the hours worked and billed for patrol here. Ben Liefer, manager of Animal Control, said he has spoken to staff about the excessive hours purportedly spent here on patrol over the twelve hours per week. Invoices show we have been billed for greater than twelve hours, so we will re- emphasize the restraint needed to limit our extra service to twelve hours. The Finance Committee's resolution was to agree to the higher $60 rate for six months of 2003, from July 1- December 31. In those six months we will assess whether the service warrants the extra patrol. A draft of the interlocal agreement amendment is included here for your review. INTERLOCAL SERVICES AGREEMENT AMENDMENT City of Tukwila and King County Animal Control Services This is an amendment to the amendment to the Interlocal Agreement between the City of Tukwila and King County entered into in 1994 for supplemental animal control services. The amendment is hereby amended to read as follows: Section 2. Compensation In consideration for the supplemental services provided by the County as set forth herein, the City promises to pay the County for the hours of animal control officer work in the amount of twenty eight dollars and seventy-five cents ($28.75) for the months of January -June. 2003. Beeinnine July 1, 2003, the rate will rise to sixty dollars (560.001 per hour for twelve hours /week, provided that the rates per hour will may be updated each budget year. The hourly rate includes all operations and maintenance costs required to support the animal control officer. IN WITNESS WHEREOF, the parties have executed this agreement. KING COUNTY CITY OF TUKWILA King County Executive City Manager Date Date Approved as to Form Approved as to Form King County Deputy City Attorney Prosecuting Attorney Date Date 7 Interlocal Agreement Between King County and the City of Tukwila Relating to Animal Control This AGREEMENT entered into this /5 day of 1 Lam' 1993 between KING COUNTY, State of Washington, hereinafter referred to as the "County and the municipal corporation of Tukwila, hereinafter referred to as the "City." WITNESSTH; WHEREAS, the City, pursuant to RCW 39.34.010 and 39.34.080, is authorized to and desirous of contracting with the County for the performance of Animal Control Services; and, WHEREAS, the County is authorized by Section 120 of the King County Charter and King County Code 11.02.030 to render such services and is agreeable to rendering such services on the terms and conditions hereinafter set forth and in consideration of payments, mutual covenants and agreements herein contained. IT IS, THEREFORE, covenanted and agreed as follows: 1. Ahligatinn5• In consideration of the promise of the City and payment of the sum hereinafter set forth, the County promises to: 1.1 Perform consistent with available resources all services relating to licensing and enforcement of City ordinances pertaining to Animal Contro as set forth in the City Ordinance Number /y,3 1.2 Provide the same degree, type, and level of service as is customarily provided to residents of unincorporated King County; 1.3 Furnish licenses and application forms for said licenses to the City for sale to the public at the City Hall; 1.4 Except as set forth in section 7.1 below, services to be provided by the County pursuant to this agreement do not include legal services, which shall be provided by the City at its own expense. In consideration of the promises of the County herein before set forth, the City promises to: '1.5 Enact an ordinance or resolution which is snh tantially similar to Title 11 King County Code as now or hereafter amended. For the purpose of this subsection, "substantially similar" shall be defined to include, at a minimum, identical license, late penalty, and impound /redemption /sheltering fees with those provided in Title 11 King County Code; 1.6 Delegate to the County the following: 1.6.1 The power to determine eligibility for licenses issued under the terms of the City ordinance, subject to the conditions set forth in said ordinance and subject to the review power of King County Board of Appeals; 1.6.2 The power to enforce terms of the City ordinance, including the power to deny, suspend or revoke licenses issued thereunder, and subject to the review power of the King County Board of Appeals. 1.7 Nothing in this agreement is intended to divest the City of authority to issue notices of violations and court citations for alleged violations of City ordinances. The authority to issue notices of violations and court citations may be exercised by either the County or the City. 2. Compensation and Method of Payment. The City shall reimburse the County for the services as delineated in this contract in the following manner: 2.1 The County shall receive all fines and fees collected by the County pursuant to the licensing of dogs, cats, kennels, hobby kennels,pet shops, animal shelters, and grooming businesses subject to a $1.00 rebate for each valid pet license sold by the City. 2.2 The County shall receive all impound and redemption fees charged against animals. 3. Time of Perfnrmanre• This agreement shall be effective the first of January, 1994, and shall automatically renew from year to year unless otherwise modified or terminated as provided hereinafter. The County reserves the right to increase fees or modify the rebate provisions of Section 2.1 of this agreement. 4. Modifiratinns• The parties agree that this agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. The parties reserve the right to modify this agreement. Any modifications of this 2 agreement shall be in writing, signed by both parties, and affixed to this original agreement. 5. To"miratinn• This agreement may be terminated without cause only after thirty (30) days written notice received by one party given by the other. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for immediate termination upon notice received by one party given by the other. Any termination of this agreement shall not terminate any obligation of either party incurred prior to such termination, nor shall it affect the validity of any license issued pursuant to the City ordinance. 6. rtntnal rnoananrs: Both parties understand and agree that the County is acting hereunder as an independent contractor, with the intended following results: 6.1 Control of personnel, standards of performance, discipline, and all other aspects of performance shall be governed entirely by the County; 6.2 All persons rendering services hereunder shall be for all.turposes employees of the County, although they may from time to time act as commissioned officers of the City; 6.3 The.contact person for the City regarding citizen complaints, service requests and general information on animal control services is the Chief of King County Animal Control; 6.4 In the event of a dispute between parties as to the extent of the service to be rendered hereunder, or the minimum level or manner of performances of such service, the determination of the Director of the King County Department of Executive Admxnistration.shall be the final and conclusive in all respects between parties hereto. 7. JndPmnifi•ratinn• 7.1 The county shall indemnify and hold harmless the City and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature'whatsoever, by reason of or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same 3 at its sole cost and expense; provided, that, the City retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 7.2 The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be renderediagainst the County, and its offices, agents, and employees, or any of them, or jointly against. the County and City and their respective officers, agents and employees, or any of them, the City shall satisfy the same. 7.3 In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of city ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and /or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorneys fees. 8. Aud}ra and Tnspectlnns• The records and documents with respect to all matters covered by this contract shall be subject to inspection, review or audit by the County or City during the term of this contract and six (6) years after termination hereof. 9. Nnn -nis"i ro nvr4 nn,: The County certifies that it is an Equal Opportunity Employer and has developed and implemented an Affirmative Action Program in accordance 4 with the guidelines in Revised Ordinance 4 of the United State Department of Labor. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first herein above written. King County King C unty'L>xecutive Date Approved as to Form g County epu�y Pro ecuting Attorney Date interac.doc (interl) City of Tukwila fr /0-/C-93 Date Approved as to Form City Attorney Date re con- 3' l'jn o/' G BETWEEN THE CITY OF TUKWILA AND KING COUNT AMENDMENT TO THE ANIMAL CONTROL AGREEMENT This is an amendment to the Interlocal Agreement between the City of Tukwila, a municipal corporation of the State cf Washington, hereinafter referred to as the "City and King County, a home -rule charter county, a political subdivision of the State of Washington, hereinafter referred to as the "County WHEREAS the City and County have entered into an Interlocal Agreement relating to animal control effective January 1, 1994; and WHEREAS the City and County have negotiated certain amendments to the Agreement effective June 15, 1994; and WHEREAS the parties have the authority to proceed with these amendments to the Interlocal Agreement pursuant to the terms of the Agreement and Chapter 39.34 RCW; NOW, THEREFORE, in consideration of the mutual covenants, the City and County hereby agree to amend the Interlocal agreement as follows: 1 SPrvinea. The County shall provide supplemental animal control services in the form of an additional six hundred twenty -five (625) hours annually of animal control officer work. These hours will be provided on an average of twelve (12) hours per calendar week. Scheduling of the hours will be determined by mutual agreement of the contract administrators for this supplemental service. The animal control officer will be stationed with in the city limits to respond to specific calls for service, perform routine patrol and other tasks as agreed to by the contract administrators for this supplemental service. 2. Cnmpensatinn. In consideration for the supplemental services provided by the County as set forth herein, the City promises to pay the County for the hours of animal control officer work in the amount of twenty eight dollars and seventy -five cents ($28.75) per hour, provided that the rate per hour will be updated each budget year. The hourly rate includes all operations and maintenance costs required to support the animal control officer. The County will invoice the City quarterly. Payments are due within 30 days after invoicing by the County. 3 rnnrrar•t Arinminisrrarnrs. For purposes of these supplemental services the contract administrators shall be the City Administrator or a designee and the Chief of King County Animal Control or a designee. Each party shall inform the other of its contract administrator by June 17, 1994. 4 fffnrtiva darn This amendment shall be effective June 15, 1994. All other terms and conditions in the Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this agreement. ITY F TUKWIL yor proved as to form: City' Attorney foacagr2.doc (int) KING CO NTY 1 r Kind' County E i; utive App:ove&as to :form: 4'7'*k w l;Z"^•„ Deputy Prosecuting Attorney 01/14/2003 13:21 2062050043 TYPE OF SERVICES UNITS JULY AUGUST SEPTEMBER TOTAL Stray dog P/U 2 2 4 8 Stray Cat PM 0 0 I 1 Deceased Cat P/U 5 2 0 7 Deceased Other Animal PN 1 3 2 6 Police Dept Assist 0 0 1 1 Injured Animal 0 1 1 2 License Sale 1 1 2 4 COMPLAINT UNITS Cruelty 4 1 1 6 Vicious 2 3 2 7 Sire 1 1 1 3 Barking 1 0 0 1 Trespassing 1 2 4 7 TOTALS TIME Time Scheduled Time Actual Prepared by: KING COUNTY ANIMAL CONTROL TUKWILA ENHANCED SERVICES 3 QUARTER 2002 SERVICES REPORT Sgt David A. Morris, KCAC 18 16 19 53 87:00 88:00 79:59 71:00 KC ANIMAL CONTROL PAGE 03 86 :00 261:00 68:54 219:53 ar PAID 01/14/2002 12 :21 2062058043 TYPE OF SERVICES UNITS OCTOBER NOVEMBER DECEMBER TOTAL Stray Dog P/U 6 2 2 10 Stray Cat P/U 4 2 1 7 Owners Release Dog 0 1 0 1 Stray Other Animal P/U 0 1 0 1 Deceased Cat Pal 2 I 2 5 Deceased Other Animal P/U 2 1 0 3 Deceased Wild Animal P/U 0 0 1 1 License Sale 6 10 10 26 COMPLAINT UNITS Cruelty 1 2 4 7 Vicious 2 0 1 3 Barking 0 0 3 3 Trespassing 1 1 0 2 TOTALS TIME Time Scheduled 87:00 87:00 87:00 261:00 Time Actual 77 :53 75:01 90:47 243:41 Prepared by: KING COUNTY ANIMAL CONTROL TUKWILA ENHANCED SERVICES 4 QUARTER 2002 SERVICES REPORT Sgt David A. Morris KCAC KC ANIMAL CONTROL PAGE 07 24 21 24 69 P4 ,0 Loa 51:b I£ 0£ 6Z Aftirioti tow 0 2 81 12 9Z SZ VZ £Z ZZ ov 5i.! 0 55:1 LS;C Lc.:1 'WI I 'vat zs: b Lj 91 SI [Z 0Z 61 8t 21:17 bt :Z i' z 0E:z ow AyoZ PI £i Zj 11 OI 6 8 H �V_t CZ:Z OZ:� 01:€ 5V:1 r 9 S b u toss L P ans x m pi ma L ott I xaq.ivaoaa Finance and Safety Committee May 5, 2003 Present: Joe Duffle, Chair; Joan Hernandez, Richard Simpson Keith Haines, Nick Olivas, Bob Noe, Alan Doerschel, Rhonda Berry, Lucy Lauterbach, Jim Morrow, Viki Jessop 1. Ordinance Creating Emergency Management Organization State law dictates that Tukwila adopt an emergency operations plan, and Jim has many of the pieces needed to do so already. Though Tukwila has a current plan, it is out of date and does not meet the state law. One of the things being added is an incident command structure, with provisions for replacement of key figures needed in any emergency. Each department will have duties and staff assigned for an emergency. The Public Works Director will be the Director of Emergency Services. Jim M said and Nick underscored the importance of joining the King County Regional Emergency Operations group. Joan asked about mutual aid but was told that although there is a plan for that, in a regional disaster, there won't be too much mutual aid. Recommend ordinance to COW and Council. 2. Mutual Aid and Mobilization Plan Keith presented a plan for a Police Emergency Mutual Aid and Mobilization. He said it was modeled on the Fire Department's plan. This is a statewide program to promote mutual aid among cities throughout the whole state. All cities are considering this now and the Washington Sate Association of Sheriffs and Police Chiefs hopes to have it adopted by cities by June. This will be included in the larger city emergency plan. One of the provisions is to have a Public Information Officer (P10) who would coordinate public information going out to the community and region. Another thing it would do is allow Tukwila or another suburban police officer called in to help in a Seattle disturbance, the ability to arrest a Seattle resident while they are assisting Seattle in a police response. Joan asked about funding, and the importance of homeland defense funds. Nick said the King County group will be getting some homeland defense money, which is one good reason to belong. Recommend Plan adoption to COW and Council. 3. King County Animal Control King County has sent a draft interlocal agreement for additional animal control services for Tukwila. Last fall they told the City the rate for this special service was increasing from $28 /hour, which it has been since 1994, to $60/hour, which is the current cost of the service. They would like that rate to be retroactive to the first of the year, as we have presumably been getting 12 hours of service per week. The committee questioned whether the city has received all 12 hours per week for the past four months. Several people who are out in the community regularly have not been seeing the trucks as they once did. The committee asked to have some assurances that the service was being received if they did decide to pay the higher rate. They asked for a schedule possibly including mornings or afternoons when the extra service would be, and some accounting to assure the officers are spending time in Tukwila. The committee also asked for a summary of the calls from Tukwila when KC is responding to a request for help. Joe wanted to know how many citations were given in Tukwila. Though $30,000 is budgeted in 2003, the amount would be doubled for the rest of the year once the interlocal is signed. For a whole year the addition would be $37,000, but it will actually be less since the committee recommended not paying the higher rate before the contract is signed. The committee also wanted an easier way to get hold of animal control. Rhonda and Lucy will work with Animal Control before the next meeting. Reschedule. Finance and Safety Committee May 19, 2003 Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson Rhonda Berry, Alan Doerschel. Lucy Lauterbach 1. V -Net Fiscal Agent Since last year Tukwila has been handling the finances of the Valley Narcotics Enforcement Team (V -Net), which is made up of officers from Tukwila, Auburn, Renton, Kent, the State Patrol, and King County. Tukwila is the last jurisdiction to handle the finances. The other cities have done it for from two to four years each. Alan said he was happy to do it, and the City gets some payments for being the fiscal agent, as well. Recommend motion to continue as fiscal agent for V- Net to Regular Meeting. 2. General Fund Budget Changes 2003 There have been four unbudgeted projects this year: contract for Ball Janik, additional money for connectivity line to the pool, the GIS survey of north Tukwila for pipe locations, and the Waldron firm's search for a new city administrator. The changes add up to just over $300,000. The GIS survey will be paid for by putting off other surface water projects to be done later in the schedule. If ACC is added, it would go on top of these costs. Jim asked if the City could afford $50,000 for ACC. Alan said there are two ways of looking at it: on one hand, the city can't afford for money to disappear from the Planning Model. On the other hand, if it is something the city really wants, the money should be spent. The only caveat is that money spent today will not be available tomorrow. Alan is working on the bond for the bridge, Tuk Village, and Golf Course. He said he may need to move some bond funding to streets and elsewhere to get non -taxed bonds, which Tuk Village bonds would not be. Non -taxed bonds have lower rates than taxable bonds. Jim also asked about budget changes made during the year. Alan said he gathers all of those together in November, and the Council amends the budget to accommodate those amendments. Information. 3. Banking Services Contract Tukwila uses one local bank for checking, credit cards, and to hold our excess cash. Banks are anxious to be cities' bank, and they all compete to try to get a city's business. Once again, U.S. Bank has won the contract. Alan said his staff has enjoyed working with the bank, and they have a very good working relationship. The agreement will be for two years, with two one -year extensions. Recommend mavor's signature on Agreement to COW. If 4. Animal Control Interlocal At their last meeting, committee members had questions about the animal control services; how much they had been working in Tukwila recently, and what kinds of calls they answered here. No one had seen the trucks as much as they once had. The only information the city had was from the last invoice animal control submitted in January, 2003. They had given the monthly total hours worked in the city, and those hours were higher than the 12 hours assigned. That also means the City's bills were higher than anticipated. We have not been billed this year yet, as the County has been trying to negotiate the higher rate for services. After discussion, the committee agreed that they wanted more accountability than they have gotten in the past, and they will pay the $60/hour rate for 12 hours /week from July 1- December 31 this year. After those six months are up, the City will evaluate whether the additional service was worth the cost. Recommend interlocal agreement to COW. `..0 Committee chair approval Tukwila City Council Agenda COMMITTEE OF THE WHOLE Steven M. Mullet, Mayor Councilmembers: Joe Duffle Dave Fenton Rhonda Berry, Acting City Administrator Jim Haggerton Joan Hernandez Pam Carter, Council President Pamela Linder Richard Simpson Tuesday, May 27, 2003; 7 p.m. Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL Starfire Sports update (Fort Dent Park) by Chris Slatt. PRESENTATIONS 3. CITIZEN COMMENT/ At this time, you are invited to comment on items not included on CORRESPONDENCE this agenda. To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL ISSUES a. Authorize City to continue serving as fiscal agent for the Valley Narcotics Enforcement Team (7/1/03 6/30/04). b. Authorize Mayor to sign an agreement with U.S. Bank for (continued) banking services. c. A resolution declaring intent to reimburse capital expenditures in connection with arterial street projects from proceeds of future borrowing. d. Interlocal agreement for animal control services a. Mayor c. Staff b. City Council d. City Attorney 5. REPORTS 6. MISCELLANEOUS 7. EXECUTIVE SESSION 1 8. ADJOURN TO SPECIAL MEETING SPECIAL MEETING Pg. 3 Pg. 7 Pg. 13 Pg. 19 e. Intergovernmental Ord #2019 Res #1523 1. CALL TO ORDER ROLL CALL 2. OLD BUSINESS a. Presentation of Findings of Fact and Conclusions of Law, Cascade Glen. b. Authorize City to continue serving as fiscal agent for the Valley Narcotics Enforcement Team (7/1/03 6/30/04). (See item 4.a. above.) c. Authorize Mayor to sign an agreement with U.S. Bank for (continued) banking services. (See item 4.b. above.) d. A resolution declaring intent to reimburse capital expenditures in connection with arterial street projects from proceeds of future borrowing. (See item 4.c. above.) Pg. 37 Pg. 43 3. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by calling the City Clerk's office 206 433 1800 /TDD 206 248 -2933. This notice is available in alternate formats for those with disabilities with advance notice and is also available at http: /www.ci.tukwila.wa.us. Tukwila Council meetings are audio taped. Meeting Date 05 -05 -03 05 -19 -03 05 -27 -03 CAS Number: 03-062 I Original Agenda Date: 05 -05 -03 Agenda Item Title: Final Plat Approval Cascade Glen Subdivision Original Sponsor: I Timeline: Sponsor's Summary: Council Recommendations: Sponsor: Final Plat Approval Committee: Administration: Same as sponsor. I Cost Impact (if known): Unknown I Fund Source (if known): Unknown 1 07 -17 -2000 05 -05 -03 05 19 03 05 05 03 05 -19 -03 05 -27 -03 Initials Prepared kit._ 1 Mayor's review 1 Council review CPL c3 I £A-tt. 1 I RHB for CPLI I I P14 1 L G'. 1 Admin. Department of Community Development ITEMNO. Special Meeting a The applicant is requesting City Council approval of the final plat for the Cascade Glen Subdivision, subdividing two parcels totaling 6.78 acres into twenty single family lots, including one public street, stormwater detention pond, sidewalks and utilities. 'Preliminary Plat Approval Tukwila Subdivision (Now known as Cascade Glen) 1 Public Hearing Held. Record remains open for receipt of additional infor- I mation from staff and would -be homeowners. Matter continued to 05- 19 -03. 'Public hearing concluded. Council voted to remove condition #4 from Prelim. 1 NOTEBOOK PREVIOUSLY DISTRIBUTED TO COUNCIL AND STAFF FOR I CASCADE GLEN SUBDIVISION FINAL PLAT APPROVAL (APRIL 25, 2003) None. COUNCIL STAFF TO BRING NOTEBOOK PREVIOUSLY DISTRIBUTED. Supplement to Staff Report Prepared May 9, 2003 (includes [new] Attachment n Supplement to Staff Report Prenarer3 Mav 21- 2003 (includes Findings of F'ac1 Conclusions of Law and related motion to adopt same. City of Tukwila Department of Community Development Steve Lancaster, Director SUPPLEMENT TO STAFF REPORT TO THE TUKWILA CITY COUNCIL Prepared May 21, 2003 FILE NUMBER: L03 -008 Cascade Glen Final Plat ASSOCIATED FILES: L99 -0023 Planned Residential Development L99 -0024 Subdivision Preliminary Plat E99 -0012 SEPA Environmental Review MI200 -278 Land Altering Permit (road utilities) APPLICANT: J. Keirouz, Dreamcatcher Homes REQUEST: STAFF CONTACT: City Council approval of the final plat for the Cascade Glen Subdivision, to subdivide two parcels totaling 6.78 acres into 20 single family lots, including one public street, sidewalks, utilities and pedestrian connection to 38 Avenue South. Carol Lumb, Senior Planner PUBLIC HEARING TESTIMONY /COUNCIL DIRECTION TO STAFF TO, PREPARE FINDINGS AND CONCLUSIONS Testimony was presented at the public hearings on both May 5, 2003 and May 19, 2003 on the proposed pedestrian pathway connecting the Cascade Glen subdivision with 38 Avenue South. A condition of the preliminary plat approval required the construction of the pathway and that it be constructed with concrete. From this testimony, new information emerged that was not presented at the preliminary plat hearing on July 17, 2000. The testimony presented on May 5 and 19` concerned the safety of linking a pedestrian path to a street that does not have sidewalks or street lights The pedestrian pathway is granted through an easement that is also used by several property owners for access to their property. These property owners also raised concerns about the safety of cars and trucks backing over a pathway that would be used by pedestrians, bicyclists etc. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -3665 Cascade Glen Final Plat Supplemental Staff Report May 21, 2003 The applicant provided a revised plan for addressing surface water runoff on the property on which the pedestrian path is to be located if that condition is removed. This plan was presented at the hearing on May 19, 2003 as Attachment P. The applicant will slope the area where the pedestrian pathway was to be located 1% to the west and re- hydroseed the area to divert any surface water runoff away from the adjacent property (13264 38 Avenue South). As a result of this new information, staff was requested by a majority vote of the Council on May 19, 2003, to prepare findings and conclusions to support the elimination of Condition 4 of the preliminary plat, which required the entire pedestrian path connecting the subdivision with 38 Avenue South to be concrete. The City Council adopts the findings set forth in the original staff report dated April 24, 2003, and the May 9, 2003 and May 21, 2003 Supplemental Staff Reports as the Council's Findings. Further Council finds that with respect to Condition #4, that new information not available to the Council at the preliminary plat approval hearing came to light during testimony presented at the May 5, 2003 and May 19, 2003 public hearings. The Council finds that there are issues of safety identified during the testimony related to connecting the pedestrian path to a street without sidewalks or street lighting. The Council also finds there are issues of safety related to the access easements granted to certain property owners that cross over the pedestrian pathway. These findings support removal of Condition #4. Council finds that surface water run -off will be adequately addressed through the applicant's plan presented at the May 19, 2003 hearing. c:\mydocs \Cascade GlenTinal Plat\ Supplemental Staffrtp2.doc FINDINGS CONCLUSIONS The Final Plat is approved with the following modification: As stated at the hearing on May 5, 2003, the Council cannot add new conditions in its approval of a final plat, but it may remove a preliminary plat condition if it finds changed circumstances or substantive new information is made available that was not presented at the preliminary plat hearing. Based on the original staff report dated April 24, 2003, the two supplemental staff reports dated May 9, 2003 and May 21, 2003 and the new information that came forward at the public hearings on May 5, 2003 and May 19, 2003, the requirement for the pedestrian pathway linking the subdivision with 38 Avenue south should be deleted due safety considerations: the lack of a connecting sidewalk system on 38 Avenue South, the lack of street lighting on 38 Avenue South and the hazards of vehicles crossing the pedestrian pathway in the course of accessing adjacent private property. 2 Cascade Glen Final Plat Supplemental Staff Report May 21, 2003 CITY COUNCIL ACTION An appropriate motion to approve the Cascade Glen subdivision and eliminate Condition #4 would be as follows: I move the approval of the final plat for the Cascade Glen subdivision together with the amendment to remove Condition #4 requiring the pedestrian pathway based on the findings of facts and conclusions in the original staff report dated April 24, 2003 together with the Supplemental Staff Reports dated May 9, 2003 and May 21, 2003 and the new information presented at the public hearings on May 5, 2003 and May 19, 2003. c:\mydocs \Cascade GlenWinal Plat\Supplemental Staffrtp2.doc 3 CAS Number: 03-072 COUNCIL AGENDA SYNOPSIS Initials Meeting Date I Prepared by 1 Mayor's review Council review 1 .J I 5/27/03 1 ARD 1 42491 I .Al Agenda Item Title: Resolution to reimburse Capital Expenditures in connection with Arterial Street Projects. Original Sponsor: Council Admin. X Timeline: Approve at May 27, 2003 or June 2, 2003 meeting. Sponsor's Summary: See attached Resolution and Staff Report Recommendations: Sponsor: Approve at May 27, or June 2, 2003 meeting. Committee: Finance Safety May 19, 2003 —No recommendation Administration: Same as sponsor Cost Impact (if known): N/A I Fund Source (if known): N/A Meeting Date 5/27/03 Action Safe Meeting Date I Attachments 5/27/03 I Staff report from Finance 5/27/03 I Proposed Resolution 5/27/03 I Finance Safety Committee minutes from May 19, 2003 )I SPECIAL MEETING: Resolution in final format ITEM No. Special Meeting Original Agenda Date: 5/27/03 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING ITS OFFICIAL INTENT TO REIMBURSE CAPITAL EXPENDITURES IN CONNECTION WITH ARTERIAL STREET PROJECTS FROM PROCEEDS OF A FUTURE BORROWING. WHEREAS, the City of Tukwila, Washington (the "City intends to .make expenditures for the projects identified below, from funds that are available, but that are not (and are not reasonably expected to be) reserved, allocated on a long -term basis, or otherwise set aside for those expenditures; and reasonably expects to be reimbursed for those expenditures from proceeds of bonds or other obligations "bonds issued to finance those expenditures; and WHEREAS, certain federal regulations (the "federal reimbursement regulations") relating to the use of proceeds of tax- exempt bonds to reimburse the issuer of the bonds for expenditures made before the issue date of the bonds require, among other things, that not later than 60 days after payment of the original expenditure the City (or any person designated by the City to do so on its behalf) declare a reasonable official intent to reimburse those expenditures from proceeds of bonds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Description of Projects for Which Expenditures are to be Made. The City intends to make (and/ or, not more than 60 days before the date of this declaration, has made) expenditures, and reasonably expects to reimburse itself for those expenditures from proceeds of bonds, for the following projects: 1. Capital Overlay Projects This is a continuation of the City's desire to provide a viable arterial street network in Tukwila. 2. South 144m (42N° Avenue South to Military Road) This project is related to the program to upgrade the vehicle and pedestrian traffic around the Tukwila Village Project. 3. Tukwila International Boulevard This is a restatement of the project in Resolution No. 1514, dated February 3, 2003, Section 1..A., Tukwila Village. Section 2. Maximum Principal Amount of Obligations Expected to be Issued for the Projects. The City expects that the maximum principal amount of bonds that will be issued to finance these projects will be $4,000,000. Section 3. Declaration Reasonable. The City Council has reviewed its existing and reasonably foreseeable budgetary and financial circumstances and has determined that the City reasonably expects to reimburse itself for expenditures for the projects from proceeds of bonds because the City has no funds available that already are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside by the City for those expenditures on the projects. Section 4. Limitations on Uses of Reimbursement Amounts. The City will not, within one year after the expected reimbursement, use amounts corresponding to proceeds received from bonds issued in the future to reimburse the City for previously paid expenditures for the project in any manner that results in those amounts being treated as replacement proceeds of any tax- exempt bonds, i.e., as a result of being deposited in a reserve fund, pledged fund, sinking fund or similar fund (other than a bona fide debt service fund) that is expected to be used to pay principal of or interest on tax- exempt bonds. Nor will the City use those amounts in any manner that employs an abusive arbitrage device to avoid arbitrage restrictions. Section 5. Date of Declaration. This declaration of official intent shall be dated as of the date of adoption of this resolution. Section 6. Ratification and Confirmation. Any actions of the City or its officers prior to the date thereof and consistent with the terms of this resolution are ratified and confirmed. Section 7. Effective Date. This resolution shall be in full force and effect from and after its adoption and approval. 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 Filed with the City Clerk Passed by the City Council: Resolution Number. Pam Carter, Council President