HomeMy WebLinkAboutCOW 2004-11-08 COMPLETE AGENDA PACKETi bh
1a C I ty C il Ag
X44 COMMITTEE OF THE WHOLE 4:
Steven M. Mullet, Mayor
Rhonda Berry, City Adininistraatm-
jim Haggert€ n, Council President
Comicilmentibet °s: Panr Carter Joe Duffle
Dave Fenton Joan Hem, andez
Pamela Linder e Dennis Robertson
Monday, November 8, 2004; 7 ism Tulcwila City Hall; Council Chambers
1. CALL TO ORDER f
PLEDGE OF ALLEGIANCE
2. SPECIAL Introduction of:
PRESENTATION Derek Speck, Economic Development Adininistrator.
3. CITIZEN At this time, you are invited to comment on items not included on
COMMENT 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. An ordinance providing uniform guidance to employees and elected Pg e3
officials on ethical issues.
b. King County Metro Commute Trip Reduction trnplen Lentation
contract.
c. A resolution rejecting all. bids submitted for the Allentown /Foster
Point Water and Sewer Improvement Project.
d. Contract with Rob Larsen, dba ClearPath, in the amount of °.x'25,000
for technical guidance and direct support for various development
opportunities.
e. Proposed. 2005 Budget (continued from 11/1/04 Rcc,ulaar Meeting).
fo Comprehensive Plan Amendments /Growth Management Act
re-vibions continued deliberations.
Please bring your "Comprehensive Plait notebook,
g. A resolution authorizing the Mayer to negotiate an agreement with
Wig Properties, LLC, for the use of the City -owned Tukwila Pond
property.
5. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
6. MISCELLANEOUS
'aaIKT
8 ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City clerk's Office 206- 433- 180Q1'TDD 206 -24 &2933. This notice is available at www.ci.tukwilama.us
and in alternate formats with advance notice for those with disabilities,
Tukwila Cotincil rneetinas are audio taped.
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COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Q P11, k0 Meeting Date I Prepared by 1 Mayor's review 1 Council review 1
o 11 /04 Its Ker81 ie, I 1.. i ki
1 I 1 1
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1 1
ITEM INFORMATION'
CAS NUMBER: 04-064 I ORIGINAL AGENDA DATE: May 10, 2004
AGENDA ITEM TITLE Ethics Ordinance
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 10/25/04 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S An Ordinance providing uniform guidance to employees elected officials on ethical
SUMMARY issues.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/4/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt Ethics Ordinance
COMMTFI'LE
yy 2 e a
1CCST IMP CT IFUND SOURCE
EXPENDITURE RT .QUTRED AMOUNT BUDGETED APPROPRIATION REQUIRED
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Fund Source: DNA
Comments:
4 532�"e f W f A E Y l
1 ?Vied D I�.:.. f G aRE OR O.F: CO:UNGI.L.ACTION.
5/10/04 I Discussed at COW Mtg.
P «'a 9� 1� k $3 TTA az a
II�ITG,AE��� i A 4
11/8/04 Memo from Shelley Kerslake, Proposed Ordinance, Minutes of F S 10/4 Meeting
INFORMATION MEMO
To:
From:
Date:
Subject:
Project No.
Committee of the Whole
Shelley Kerslakec:yfc--
October 18, 2004
Code of Ethics
ISSUE
The City Council has requested a Code of Ethic which would apply to City Employees as well as
elected officials.
BACKGROUND
This proposed ordinance has been to the Council for review and study in a general training
session. Once refined, the ordinance was then sent to the Union bargaining unit for comment.
The City received comments from USW A Local 9241. The majority of their suggested language
has been incorporated in this version of the ordinance. No other local responded within the time
frame specified by the City. On October 4, 2004 the Finance and Safety Committee reviewed the
revised Ordinance. It recommended adoption of the Code of Ethics to COW.
DISCUSSION/ ANALYSIS/ALTERNATIVES,
This ordinance is only slightly modified from the last version presented to Council and the
changes made are not substantive.
RECOMMENDATION
Adoption of the Ordinance Adopting a Code of Ethics.
Attachments:
Proposed Ordinance
Minutes from October 4, 2004 Finance and Safety Meeting
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CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. 0
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AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A CODE OF ETHICS FOR
CITY EMPLOYEES AND OFFICIALS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN E~'N~~CTIVE
DATE
WHEREAS, the City ofTukwila wishes to provide uniform guidance to employees and
officials on ethical issues; and
WHEREAS, State Law prohibits certain conduct of City officials while serving the City;
and
WHEREAS, the City wishes to identify impermissible conduct of former employees; and
WHEREAS, the City desires. to provide for uniform investigation and adjudication of ethics
complaints;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1 r()oeofRtnl~!(: Aoopteo. Tukwila Municipal Code Chapter 2.95 entitled "Code
of Ethics" is hereby adopted to read as follows:
Chapter 2.95
CODE OF ETHICS
Sections:
2.95.010
2.95.020
2.95.030
2.95.040
2.95.050
2.95.060
Purpose
Definitions
Prohibited conduct
Complaint process
Penalties for noncompliance
Where to seek review
2.95.010 Purpose
A. It is the policy ofthe.City of Tukwila to uphold, promote, and demand the
highest standards of ethics from all of its employees and officials, whether
elected, appointed, or hired. City officers and employees shall maintain the
utmost standards of personal integrity, truthfulness, honesty, and fairness in
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carrying out their public duties, avoid any improprieties in their roles as public
servants, including the appearance of impropriety, and never use their City
position or powers forimproperpersonal gain.
B. It is the intention of the City Council that this chapter be liberally
construed to accomplish its purpose of protecting the public against decisions that
are affected by undue influence, conflicts of interest, or any other violation of this
Code of Ethics. In construing this chapter, City officers and employees should be
guided by common sense and practicality. This Code of Ethics is supplemental to
state law, RCW 42.23.
2.95.020 Definitions
The following wordsand phrases as used in this chapter, unless the context clearly
indicates otherwise, shall have the following meanings:
A."Business" means any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual,
consultant, holding company, joint stock company, receivership, trust, or any legal
entity organized for profit.
B. "City officer or employee" means every individual elected, appointed,
hired, or otherwise selected to an office or position with the City, or any
subdivision thereof, whether such individual is paid or unpaid.
C. "Compensation" means payment in any form for real or personal property
or services of any kind.
D."Gift" means a voluntary transfer of real or personal property of any kind
or the voluntary rendition of services of any kind without consideration of equal
or greater value, but not including any. reasonable hosting, including travel
expenses, entertainment, meals, or refreshments furnished in connection with
appearances, ceremonies, and occasions reasonably relating to official City
business, where otherwise permitted by law.
E. "Hearing Examiner" shall mean the duly' appointed and qualified Hearing
Examiner for the City of Tukwila, or his or her designee.
F . "hnmediate family" shall mean spouses, dependents, anyone residing in
the person's household, and anyone within three generations by blood or marriage
of the person or the person's spouse.
G. "Person" means any individual or corporation, business, or other entity,
however constituted, organized, or designated.
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2.95.030 Prohibited conduct
The following shall constitute violations of this Code of Ethics:
A. General Prohibition Against Conflicts of Interest. In order to avoid
. becoming involved or implicated in a conflict of interest or impropriety, or an
appearance of conflict of interest or impropriety, no current City officer or
employee should be involved in any activity that might be seen as conflicting with
the conduct of official City business or as adverse to the interests of the City.
Even the appearance of the following prohibited conduct alone may be sufficient
to constitute a violation of this Code of Ethics.
B. Beneficial Interests in Contracts Prohibited. No City officer or employee
shall participate inhis or her capacity as a City officer or employee in the making
of a contract in which he or she has a financial interest, direct or indirect. This
shall include any contract for sale, lease, or purchase with or for the use of the
City, or the acceptance directly or indirectly of any compensation, gratuity, or
reward from any other person beneficially interested therein. Except, that this
prohibition shall not apply where. the City officer or employee has only a remote
interest in the contract, and where the fact and extent of such interest is disclosed
and noted in the official minutes or similar records of the City prior to formation
of the contract, and thereafter the governing body authorizes, approves, or ratifies
the contract in good faith by a vote of its membership sufficient for the purpose
without counting the vote or votes of the officer(s) having the remote interest. For
purposes of this section, a "remote interest" means:
I. That ora non-salaried officer of a nonprofit corporation;
2. That of an employee or agent of a contracting party where the
compensation of such employee or agent consists entirely of fixed wages or
salary;
3. That of a landlord or tenant of a contracting party;
4. That of a holder of less than one percent of the shares of a corporation,
limited liability company, or other entity which is a contracting party.
C. Beneficial Influence in Contract Selection Prohibited. No City officer or
employee shall influence the City's selection of, or its conduct of business with, a
corporation, person, or firm having or proposing to do business with the City if
the City officer or employee has a financial interest in or with the corporation,
person, or firm, unless such interest is a remote interest and where the fact and
extent of such interest is disclosed and noted in the official minutes or similar
records of the City prior to formation of the contract, as defined in the preceding
section.
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D. Representation of Private. Person at City Proceeding Prohibited. No City
officer or employee shall appear on behalf of a private person, other than himself
or herself or an immediate family member or except as a witness under subpoena,
before any regulatory. governmental agency or court of law in an action or
proceeding to which the City or a. City officer in an official capacity is a party, or
accept a retainer or compensation that is contingent upon a specific action by the
City.
E. Certain Private Employment Prohibited. No City officer or employee shall
engage in or accept private employment, or render services for, any private
interest when such employment or service is incompatible with the proper
discharge of official duties or would tend to impair independence of judgment or
action in the performance of official duties.
F. Beneficial Interestin Legislation Prohibited. No City officer or employee,
in appearing before the City Councilor when giving an official opinion before the
City Council, shall have a financial interest in any legislation coming before the
City Council and participate in discussion with or give an official opinion to the
City Council, unless such interest is a remote interest and where the fact and
extent of such interest. is disclosed and noted on the record of the Council, or
similar records of the City, prior to consideration of the legislation by the City
Council.
G. Disclosure of Confidential. Information Prohibited. No City officer or
employee shall disclose . or . use any confidential, privileged, or proprietary
information gained by reason.ofhis or her official position for a purpose which is
for other. than a City'purpose; provided, that nothing shall prohibit the disclosure
or use of information which is a matter of public knowledge, or which is available
to the public on request.
H. Improper Use of Position Prohibited. No City officer or employee shall
knowingly use his or. her office orpositiol1 to secure personal benefit, gain or
profit, or use his or her position to secure special privileges or exceptions for
himself, herself, or for the benefit, gain, or profits of any other persons.
I. Improper Use of City Personnel Prohibited. No City officer or employee
shall employ or use any person under the officer's or employee's official control
or direction for the personal benefit, gain, or profit of the officer or employee, or
another. Jhi~ ~p.ctlon dop.~ 1'\Q,t ~!,!,ly to off-duty employment rel~tion~hi!,~ which
~rp. mlltu~ lly np.~C'\ti ~ted
J. Improper Use of City Property Prohibited. No City officer or employee
shall use City owned vehicles, equipment, materials, money, or property for
personal or private convenience or profit. Use is restricted to such services as are
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available to the public generally, for the authorized conduct of official business,
and for such purposes .and under such conditions as are approved by
administrative order of the. Mayor; provided, the use of a City vehicle by a City
officer or employee participating in a carpooling program established by the City,
and for a purpose authorized under such program, shall not be considered a
violation of this section or of any other provision of this chapter.
K. Acceptance of Compensation, Gifts, Favors, Rewards, or Gratuity
Prohibited. No City officer or employee may, directly or indirectly, give or
receive~ or agree to give or receive, any compensation, gift, favor, reward, or
gratuity for a matter connected with or related to the officer's or employee's
services with the City of Tukwila, except this prohibition shall not apply to:
I. Attendance of a City officer or ~U1ployee at a hosted meal when it is
provided in conjunction with a meeting directly related to the conduct of City
business or where official attendance by the officer or employee as a City
representative is appropriate;
2. An award publicly presented in recognition of public service; or
3. Any gift valued at $100.00 or less, which cannot reasonably be
presumed to influence the vote, action, or judgment of the officer or employee, or
be considered as part ofa reward for action or inaction.
L. Impermissible Conduct After Leaving City Service.
I. Disclosure of Privileged, Confidential, or Proprietary Information
Prohibited. No fonner officer or employee shall disclose or use any privileged,
confidential, or proprietary information gained because of his or her City
~U1ployment.
2. Participation in City Matters Prohibited. No former officer or
employee shall, during the period of one year after leaving City office or
employment:
a. Assist any person in matters inv'olving the City if, while in the
course of duty with the City, the former officer or employee was officially
involved in the matter, or personally and substantially participated in the matter,
or acted on the matter.
b. Represent any person as an advocate in any matter in which the
former officer or employee was involved while a City officer or employee; or
c. Participate as or with a bidder, vendor, or consultant in any
competitive selection process for a City contract in which he or she assisted the
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3. Duty to Inform. Whenever a City officer or employee wishes to
contract with a former City officer or employee for expert or consultant services
within one year of the latter's leaving City service, advance notice shall be given
to the Mayor about the proposed agreement.
4. Exceptions. The prohibitions of subsections 2.a and 2.b ofthis section
shall not apply to a former officer or employee acting on behalf of a governmental
agency, unless such assistance or representation is adverse to the interest of the
City.
2.95.040 Complaint process
A. A complaint that. this Code of Ethics has been violated may be filed with
anyone of the following officers, or his or her designee( s):
1. Mayor; or
2. City Attorney.
B. No person shall knowingly file a false complaint or report of violation of
this Code of Ethics.
C. Any individual receiving a complaint that this Code of Ethics has been
violated has an obligation to promptly forward the complaint, in writing, to the
Mayor. The Mayor .shall promptly designate an individual to conduct an
investigation of the complaint. However, if the complaint alleges that the Mayor
violated this Code of Ethics, then the individual receiving the complaint has an
obligation to promptly forward the complaint, in writing, to the City Attorney,
who shall designate an individual to conduct an investigation.
D. The individual designated to conduct the investigation shall notify the
~nhject of the eom!,laint th~t ~ comrl::1inLh;'1~ h.ff':n 11l.8.d.e...-::Inil complete the
investigation and prepare written findings a..'1d conclusions within 60 days of the
date the complaint was received by the Mayor, unless an extension is granted in
writing by the Mayor or the City Attorney, as appropriate. A copy of the written
investigation findings and conclusions shall be provided to the Mayor.
E. Within five business days of receipt of the investigator's written findings
and conclusions, the Mayor or City Attorney, as appropriate, shall prepare a
written recommended. disposition of thec6mplaint. Copies of the recommended
disposition and the investigation findings and conclusions shall be forwarded by
certified mail to the complaining party and the party complained against at their
last known addresses. Additional copies of the recommended disposition shall be
forwarded to the investigator, the City Attorney or the City Attorney's designee,
and the person(s) responsible for acting on the recommended disposition. The
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recommended disposition shall not be implemented until the time for requesting a
formal hearing, pursuant to Section F below, has lapsed and no such hearing has
been requested.
F. The party complained against may, within ten business days following the
date of the recommended disposition finding a violation of this Code of Ethics,
request in writing a formal hearing before the Hearing Examiner.
G. Within 30 days after the conclusion of the hearing, the Hearing Examiner
shall, based upon a preponderance of the evidence, prepare findings of fact,
conclusions of law, and his or her order. Copies of the Hearing Examiner's
findings,. conclusions, and order shall be forwarded by certified mail to the
complaining party and the party complained against at their last known addresses.
Additional copies of the findings, conclusions, and order shall be forwarded to
the investigator, the City Attorney or the City Attorney's designee, and the
person(s) responsible for acting onthe Hearing Examiner's order.
2.95.050 Penalties for noncompliance
A. Any person found,. by a preponderance of the evidence, to have violated
any. provision. of this Code of Ethics may be subj ect to any combination of the
following penalties:
1. A cease and desist order as to violations of this Code of Ethics;
2. An order to disclose any reports or other documents or information
requested by the Mayor or as requested by the City Attorney in the event the
Mayor is found to have violated any provision of the Code;
3. An order to pay to the City a civil penalty of up to $1,000.00, wnere it
i~ determined di~ciplin::lry n:JP.::I~11rP.~ ::ITP. not appropriatp. lmner tne eirelJm~t~n~p.~:
4. Discipline, up to and including termination or removal from any
position whether paid or unpaid, excluding elected positions, only after notice and
hearing as provided by law. The pre-disciplinary procedure set forth in the
provisions of the Tukwila Municipal Code and applicable personnel policies shall
be followed for regular employees in the Classified City Service;
5. Exclusion from bidding on City contracts for a period of up to five
years; and/or
6. Termination or invalidation of contract(s) entered into in violation of
the Code of Ethics, only if such contract(s) provide for termination in the event of
a Code of Ethics violation.
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2.95.060 Where to seek review
A. Cease and. Desist Order. If ordered to cease and desist violating this Code
of Ethics, an affected party may seek review by writ of review ITom the King
County Superior Court pursuant to RCW 7.16, or other appropriate legal action.
B. Public Disclosure. If ordered to disclose any documents or papers
pursuant to this Code of Ethics, an affected party may seek review by writ of
review from the King County Superior Court pursuant to RCW 7.16, or other
appropriate legal action.
C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in
the form of a trial de novo in the TukwilaMunicipal Court, which shall hear the
case according to the Civil Rules for Courts of Limited Jurisdiction (CRLJ) and
applicable local rules of the TukwilaMunicipal Court. This appeal shall be taken
by filing in the Tukwila Municipal Court a notice of appeal within 14 days of the
date of the final written order. The person filing the appeal shall also,. within the
same 14 days, serve a copy of the notice of appeal on the person who issued the
final written order and the City Attorney, or his or her designee, and file an
acknowledgment or affidavit of service in the Tukwila Municipal Court.
D. Discipline or Removal. If an employee or officer is disciplined or
removed from office, then the person disciplined or removed from office may
seek whatever remedies may be available at law or in equity.
E. Exclusion from Public Bidding. If ordered to be excluded from bidding on
public contracts and the exclusion actually occurs, the person excluded may seek
whatever remedies exist at law or in equity.
F. Termination of Contract(s). If termination of contract(s) is ordered, the
person whose contract(s) was/were terminated may seek whatever remedies exist
at law or inequity.
8.ec1IDn? ~p.vp.r~. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared Wlconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or
federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining
portions of this Ordinance or its application to other persons or circumstances.
~ectlon 1 Fffec.tivp. nate.This Ordinance shall be published in the official newspaper of
the City, and shall take effect and be in full force five (5) days after the date of publication.
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ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON
THE DAY OF ,2004.
ATTEST/AUTHENTICAlbV:
Jane Cantu, City Clerk
Approved as to form:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Date of Publication:
Effective Date:
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CITY OF TUKWILA
Mayor Steven M. Mullet
f1'E:CE!VED
Finance and Safety Committee
October 4, 2004
0)r-r Ii '" 20 '
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Present:
Dave Fenton, Chair; Joan Hernandez, Dennis Robertson
Jim Morrow, Alan Doerschel, Shelley Kerslake, Rhonda Berry, Lucy
Lauterbach
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1. ClearoathContract TheCommittee again considered this contract, which they
had briefly considered at their last meeting. Joan went through the agreement, and
suggested Council approval be added for any contract extension. She asked for
examples of situations requiring confidentiality, and Alan gave her three instances
where potential buyers had used the City to inquire about purchasing property when
they didn't want their names known. Joan also asked about how this would work with a
new economic development person on board. Alan said the contract is transitional, and
that Larson's real estate expertise could still be needed because the economic
development administrator~oes not know that area well.
The Committee agreed to take out two of the three bullets of work to be done and add
one bullet. They lefttheprovision to work on Tukwila Village Phases 1A and 1B, and
added a provision to provide real estate technical services to the city as needed.
Dennis raised his issue with the contract. He asked about the three other contracts the
City has with Clearpath. Alan said those were over with, and he was willingto add a
null and void clause to the contract saying only this new contract was in effect.
Recommend amended contract to COW.
)J:2. Code of Ethics Shelley had run the code of ethics past the bargaining units, who
'" I '" had comments on the draft policy . She went over the code with the Committee,
pointing out the changes recommended by the unions. The Committee approved of the
policy. Recommend adootion of Code of Ethics to COW.
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3. Motor Scooters and Pocket Bikes The Committee went through the ordinance
and added some clarifying words. Dennis had comments about the kill switch and the
screeching tires sections, and the Committee simplified the penalties section.
Recommend ordinance to COW.
4. Justification for AWC Budaet Meetinq In talking about holding an AWC session
on budgeting, the Committee talked about timing for the workshop. Looking at the
schedule for the rest of the year, they thought the Council agendas were too full to be
added to just now, and settled on recommending a class early in 2005. ProDose
proaram to Council to see if there is consensus to hold trainina.,
COUNCIL A GENDA SYNOPSIS
%p J Initials ITEM No.
g14 I G�
a �V� I Meeting Date Prepared I Mayor's review I Council review
I I 1 1 I, 1
isoa I I I L 4 3
I I 1 1
ITEM INFORMATION
CAS NUMBER: 04-154 I ORIGINAL AGENDA DATE: November 8, 2004
AGENDA ITEM TITLE King County Metro Commute Trip Reduction Implementation Contract
CATEGOR Discussion Motion Resolution Ordinance Bid Award Public Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Mayor Adm DCD Fire Legal P &R Police PW
SPONSOR'S Review and approve CTR Implementation Contract with King County Metro for fiscal year
SUMMARY 2004 -2005
REVIEWED BY COW Mtg. II CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/12/04
RECOMMENDATIONS:
SPONSOR/ADMIN. Authorize Mayor to sign agreement with King County for $21,106.00
COMMITTEE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$none $22,000.00 $none
Fund Source: WSDOT
Comments: paid from state a/ /ovation for CTR
MTG. DATE 1 RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
11/8/04 Memorandum from Steve Lancaster dated 10/19/04
CAP minutes of October 12, 2004
Proposed CTR Implementation Contract
INFORMATION MEMO
To:
From:
Date:
Subject:
W
Mayor Mullet #
Department of Community Development Director
October 19, 2004
King County Metro Commute Trip Reduction Implementation Contract
2004-2005
ISSUE
Renewal of annual King County Metro implementation contract for $21, I 06.00 to provide
support services for commute trip reduction activities as required by state.
BACKGROUND
Commute Trip Reduction legislation (RCW 70.94.521-551) was passed by the State in 1991 to
reduce the number of Single Occupant Vehicles (SOV's) arriving at employer worksites with
100 or more employees arriving at the target time period of6:00 am and 9:00 am. These
employers are considered to be "affected employers" under the state regulations and are required
to adhere to state legislation and local ordinance in achieving planned reductions in single
occupancy vehicle trips. The City of Tukwila adopted and amended Ordinance #1868 to comply
and implement the requirements of State law.
The Washington State Department of Transportation (WSDOT) handles the administration of the
State regulation. The WSDOTcontracts directly with the city on a biennial basis to provide
direct funding to fulfill the requirementsofRCW 70/94.521-551.
King County Metro provides technical assistance to the City for purposes of data collection and
analysis as well as employer Commute Trip Reduction program review functions.
Administrative consistency in implementing the state requirements of the Commute Trip
Reduction Act is the primmy reason forthis agreement with Metro. vVe have contracted for
services since 1995.
ANALYSIS
The City's allocation forthe second year ofthe biennium 2003-2005 is $41,209.00 and the
contract with King County Metro is for expending $21,106.00 ofthose funds. The program
administration for commute trip reduction is paid for by funds received from WSDOT on a
reimbursement basis along with a performance measure for reducing trips throughout the state.
Note that the City of Tukwila met the WSDOT performance goal at the end of2003, increasing
slightly the allocation for 2004-2005. The funds are used for the staff Commute Trip Reduction
Coordinator, implementation ofthe CTR Program for Tukwila and development of incentives. A
contract with Metro for state required program review and data services is part of the program.
RECOMMENDATION
Forward to full council for their consent agenda at the November I, 2004 meeting.
attachment:
King County Metro Implementation Contract and Scope of Work
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CAP Minutes 10-12-04
p.l of 2
Community and Parks Committee
October 12,2004
Present:
Pam Linder, Chair; Joe Duffie, Dave Fenton.
Stephen King, Steve Lancaster, Maggie Lubov, Lynn Miranda, Jack Pace,
JoyceTrantina, Lisa Verner.
Sue Carlson (Segale Properties), Martin Dicker (King County).
Southwest Kin!! County Economic Development Initiative (SWKCEDD
. Presentation. Jack Pace provided some background on Tukwila's participation in the
SWKCEDI, and introduced Martin Dicker. Martin is a Senior Economic Development
Specialist with King Martin Dicker. Martin is a Senior Economic Development
Specialist with King County. He, described the goals of the Economic Development
Initiative as increasing employment opportunities and household incomes throughout
southwest King County. He, recognized Pam Linder's contributions to the organization
as a member of the Steering Committee, and Jack Pace's contributions as a member of
the Executive Committee. Martin described two significant programs of the Economic
Development Initiative: the small Business Assistance Center located at highline
Community College; and the Export Promotion Program. He also described how the
relatively modest but critical financial support provided by Tukwila and other cities has
been successful in leveraging significant financial support form other sources.
Forwarded to November 1. 2004 City Council meetin!! as a Special Presentation.
@J
Aooroval of Metro Implementation Contract for CommuteTrip Reduction,
Pro!!ram. Maggie Lubov distributed information relating to the City's Commute Trip
Reduction (CTR) program and briefed the Committee concerning program status and
funding. She described services to be provided by King County Metro under the
proposed implementation contract. Tukwila has contracted for these services with Metro
since 1995, and this has been a very beneficial relationship. Forward to COW with
recommendation to approve..
TUCIECONorthwest contract amendment #2. Lynn Miranda described the next
phase ofECONorthwest's work on the Tukwila Urban Center Plan as: I) identification of
potenthllinfrastructure funding strategies; 2) preparatIon of an "economic simulation" to
provide information on the ability of-proposed City investments to "pay for themselves"
over time; and 3) preparation of a summary of previous economic and financial factors
reports, to be included in the proposed TUC plan. The proposed amendment increases
ECONorthwest's contract by $26,000. Forward to cavv with recommendation to
, \~
approve.
Code Enforcement Tax Lien Ordinance. Jack Pace introduced StephenKing of
KenyonlDisend. Stephen is DCD's primary legal resource for code enforcement.
Stephen explained that under the City's current code enforcementregulations we have the
ability to undertake certain kinds of nuisance abatement w:6rk if the property owner
.
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COMMUTE TRIP REDUCTION ACT IMPL~MENTATION AGREEMENT
This Agreement is entered into by and between King County, acting through its Department
of Transportation (hereinafter the "County"), and the City ofTukwila("City"), both of which
entities may be referred to hereinafter individually as "Party" or collectively as "Parties," for the
purpose of implementing the Washington State Commute Trip Reduction Act of 1991.
WHEREAS, the Washington State Legislature enacted the Commute Trip Reduction Act
(Chapter 202, Laws of1991,codified as RCW 70.94.521-551) (hereinafter "CTR Act") to require
local governments in those counties experiencing the greatest automobile-related air pollution and
traffic congestion to develop and implement plans to reduce vehicle miles traveled per employee
and single occupant vehicle commute trips; and
WHEREAS, the City has within its boundaries one or more "major employers" and is
required by RCW 70.94.527 to develop and implement a commute trip reduction plan; and
WHEREAS, the Parties hereto are authorized to enter into this Agreement pursuant to RCW
70.94.527 (6); and
WHEREAS, King County Code 28.94.110 authorizes the execution and administration of
Agreements with state and local agencies. for assistance in implementing the CTR Act; and
WHEREAS, the local jurisdiction commute trip reduction plans are required to be
coordinated and consistent with plans of adjacent jurisdictions and applicable regional plans; and
WHEREAS, the City and the County desire to implement the CTR Act consistent with the
guidelines established. by the state Commute Trip Reduction Task Force and by the County and
other cities within the County; and
WHEREAS, the City can achieve cost efficiencies and administrative consistency by
contracting with the County for CTR implementation.
NOW THEREFORE, in consideration of the mutu~l promises and covenants herein, the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
..
,).
SECTION 1.0 PURPOSE
The purpose of this Agreementis to assign certain tasks to be performed by the County on behaifof
the City to impleme~t the CTRAct.
. .
SECTION 2.0 DEFIl'IlnONS
The following definitions shall apply for purposes ofthis Agree~ent:
.;
Commute Trip Reduction Implementation Agreement
Page 2
"Administrative Representative" means the primary administrative contact for issues related to
this Agreement as designated in Section 3.4 ofthe Agreement.
"Affected Employer" means an cwployer required by RCW 70.94.521 and the City's CTR Plan to
implement a CTRprogram{see also "Major Employer").
"Commute Trip Reduction Plan {CTR Plan)" means a plan 'adopted by the City designed to
reduce the proportion of single occupant vehicle commute trips and vehicle miles traveled per
employee,. as described in RCW 70.94.527.
"Commute Trip Reduction Program (CTR Program)" means a program designed by an
affected employer to reduce the proportion of single occupant vehicle commute trips and the
commute trip vehicle miles traveled by employees at a worksite, as described in RCW 70.94.531.
"CTR Funds" means state funds authorized by RCW 70.94.544 and Section .301 ofthe Natural
Resources biennial budget to help counties and cities implement commute trip reduction plans.
"Major Employer" means a private or public employer that employs one hundred or more full-
time employees at a single worksitewho are scheduled to begin their regular workday between 6:00
a.m~ and 9:00 a.m. on weekdays for at least twelve continuous months during the year, as provided
in RCW 70.94.521 (herein alsolrnown as an "Affected Employer").
"State" means the Washington State Department of Transportation (WSDOT) unless otherwise
noted.
SECTION 3~0 SCOPE OF WORK
3.1 Scope of Work: The scope of work to be completed by the County on benalf of the City in
accordance with this Agreement is described in "Exhibit A: Scope of Work", which by
reference is made a part of this Agreement. Funds provided by the City to the County under
this Agreement shall be used solely for activities undertaken to fulfill the provisions of the
scope of work as provided in Exhibit A.
3.2 Regional Cooperation: Some tasks in the scope of work are subarea or county-wide and
assume that the City will participate with other contracting cities and try to the extent .":.
possible to develop policies and products consistent throughout the county to take advantage
of economie~ of scale and cost efficiencies.
3.3 Schedule: The schedule for tasks is.indicated in Exhibit A: Scope of Work. A quarterly
review of progress to date will be held by the City and the County. ,"
3.5 Administrative Representatives: The County and the Cj;y shalieach designate an
Administrative Representative for matters pertaining to this Agreement.
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Commute Trip Reduction Implementation Agreement
Page 3
The County shall be represented by the Manager of Sales and Customer Service or his/her
designee. The City shall be represented by the Director of Transportation or his/her designee.
SECTION 4.0 DISBURSEMENT OF FUNDS
4.1 Budget: Thebudget forwork to be performed through June 30, 2005 is specified in Exhibit
B, which is attached to this Agreement and incorporated herein.
4.2 Payment Process: the County shall submit invoices and quarterly progress reports to the
City per the schedule indicated below. The City shall make payment to the County within
45 days of receipt. oft he invoice.
Payment
Istpayment
2nd payment
3rd payment
Final payment
Total
Fixed Payment
$5,096.50
$5,096.50
$5,096.50
$5.096.50
$20,386.00
Invoice Submitted No Later Than:
October 10,2004
January 10, 2005
April I 0, 2005
June 30, 2005
4.3 Payment Amounts: Each payment shall consist of the fixed amount specified above in
Section 4.2, plus reimbursement of workshop expenses estimated to $720.00. The City shall
pay a percentage share of workshop expenses based on the percentage of the total registrants
for the workshop representing worksites in the City.
The workshop expenses to be shared by the City shall consist of a fixed labor.element plus
actual nonlabor expenditures. The fixed labor element shall be as follows:
- ETC Orientation $ 480.00 fixed labor charge per workshop
_ Program Implementation $ 480.00 fixed labor charge per workshop
- Survey Briefing $ 163.00 fixed labor yharge per workshop
_ Additional Workshops $ 48~Ofixed' labor charge per hour for Killg County trainers
SECTION $.0 AUDITING OF RECORDS, DOCUMENTS, AND REPORTS
The State Auditor and any of its representatives shall have full access to and the right to examine
during normal business hours. and as often as the state Auditor may deem necessary, all the records
of the City and the County with respect to all matters covered in this Agr~ement. Each Party to the
Agreement shall have similar access and rights with respect to th~ records of the other Party. Such
representatives shall be permitted to audit, examine, and make- excerpts or transcripts from such
,~.
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CornmuteTrip Reductionlmplementation Agreement
Page 4
records and to make audits of all contracts, invoices, materials, payrolls, and records of matters
covered by this Agreement. Such rights last for three (3) years from the date final payment is made
hereunder. ..
SECTION 6.0 EQUAL EMPLOYMENT OPPORTUNITY
The County agrees to abide byall applicable federal and state statutes and regulations prohibiting
employment discrimination.
SECTION 7.0W AIVER OF DEFAULT
Waiver of any default by either Party shall not be deemed to be a waiver of any subsequent default.
Waiver of breach of any provision of the Agreement by either Party shall not be deemed to be a
waiver of any other or subsequent breach and shall not be construed to be a modification of the
terms of the Agreement unless stated to be such in writing, signed by an authorized representative of
each Party,. and attached to the original Agreement.
SECTION 8.0 SEVERABILITY
Should any clause, phrase, sentence or paragraph of this Agreement be declared invalid or void, the
remaining provisions of this Agreement shall remain in full force and effect if such remainder
continues to conformto the terms and requirements of applicable law and the intent of this
Agreement.
SECTION 9,0 LEG.AL :RELATIONS
9.1 It is understood and agreed that this Agreement is solely for the benefit ofthe Parties hereto
and gives noright to anyother Party. No joint venture or partnership is formed as a result of
this Agreement.
j
9.2 To the maximum extent permitted by law, each PartY shall defend, indemnify and hold
harmless the other Party and all of its officials, employees, principals and agents from all
claims, demands, suits, actions, and liability of any kind, including injuries to persons or
damages to property, which arise out of, are connected with, or are due to any negligent acts .
or omissions,ofthe indemnifying Party, its contractors, and/or officials, employees, agents,
or representatives in performing work under this Agreement; provided, however, that if (and
only if) the provisions' ofRCW 4.24.115 apply and any such damages and injuries to .
persons or property are caused by or result from the concurrent negligence of the City or its
contractors, officials, employees, agents, or representatives, and the County or its
contractors, officials, employees, agents, or representativ~.s, each..Party's obligation
herelmder applies only to the extent of the negligence of-such Party or its contractors,
Commute Trip Reduction Implementation Agreement
Page 5
officials, employees; agents, or representatives. Each Party specifically assumes potential
liability for actioIls brought by its own employees. against the other Party and for that
purpose each Party specifically waives, as to the other Party only and only to the extent
necessary to fulfill its obligations underthis Agreement, any immunity under the Worker's
Compensation Act, RCW Title 51; and the Parties recognize that this waiver was the subject
of mutual negotiation and specifically entered into pursuant to the provisions ofRCW
4.24.115, if applicable.
9.3 The City acknowledges it is solely responsible for its compliance with the CTR Act, and for
the adoption, implementation, and enforcement of any ordinances, plans, and programs
related to the CTR Act. The City shall indemnify and hold the County harmless from, and
shall process and defend, at its own expense, any and all claims, demands, suits at law or
equity, actions, penalties, losses, damages, or costs arising out of, in connection with, or
incidental to any act or. omission of the City or any of its officers, employees, subcontractors
or agents in adopting or enforcing any ordinances, plans and programs related to the CTR
Act.
9.4 The Parties hereto acknowledge that the State of Washington is not liable for damage or
claims from damages arising :trom any act or omission of the County or the City under this
-Agreement.
9.5 In the event any Party incurs attorney's fees, costs or other legal expenses to enforce
provisions of this section against another Party, all such fees, costs, and expenses shall be
recoverable by the prevailing Party.
9.6 This Agreement shall be interpreted in accordance with the laws of the State of Washington
in effect on the date of execution ofthis Agreement. The Superior Court of King County,
Washington shall haveexc1usive jurisdiction and venue over any legal action arising under
t.1TIs Agreement.
9.7 The provisions of this section shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to expiration or termination.
SECTION 10.0 AGREEMENT PERIOD-
This Agreement is effective :trOll July I, 2004. The expiration date for purposes of performing
substantive work as ~escribed in Exhibit A (Scope of Work) and for incurring costs is June 30,
2005, and for final accounting purposes is August 30, 2005, unless the Parties agree to an extension
using the modification procedUre provided in Section II below.
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Commute Trip Reduction Implementation Agreement
Page 6
SECTION 11.0 AGREEMENT MODIFICATIONS
This Agreement may be amended, altered, clarified or extended only by written Agreement for and
on behalf of the City by its City Manager or designee, and for and on behalf of the County by its
General Manager of the Transit Division or designee.
SECTION 12.0 TERMINATION
12.1 Either Party to this Agreement may terminate the Agreement, in whole or in part, for
convenience and without cause upon thirty (30) days advance written notice ofthe
tenninationto the other Party. If this Agreement is so tenninated prior to fulfilhnent of the
tenns stated herein, the County shall be reimbursed for all actual direct and related indirect
expenses and noncancellable obligations incurred up to and including the date of
termination.
12.2 If at any time during the Agreement period the State acts to terminate, reduce, modify, or
withhold ClK Grant Funds allotted to the City pursuant to RCW 79.94.544 then either Party
may terminate this Agreement by giving thirty (30) days advance written notice to the other
Party.
SECTION 13.0 ENTIRE AGREEMENT
This Agreement contains alltenns,conditions and provisions agreed upon by the Parties hereto.
Any oral or written representations or understandings not incorporated herein are excluded.
Dated this day of , 2004.
IN WITNESS WHEREOF, the Parties hereto.have"executed tllls Agreement as of the day first
above mentioned.
KING COUNTY
By
:Darwin Campbell
Manager, Sales & Customer Services
King County Metro Transit
").
'
AppLvved as to fonn:
CITY OF TUKWILA
By ~ ~.f.'
Assistant City Attorney
OR:
By
City ofTukwila
Commute Trip Reduction Services
Scope of Work - July 2004 through June 2005
Contracting for 21 worksites
I. Work activities required by CTR ordinance
A. Notification of new sites I site status change
L Identify potential sites
2. Identify contact for potential sites
3. Send notification inquiry
4. Secure state code
5. Create timeline and legal file
6. Respond to site status infonnation as needed
B. . Database Management and Ongoing Survey Processes
1. Ongoing coordination of contact infonnation and survey
schedules with employers and WSDOT
2. Compilation / distribution of aggregate survey data as
requested
3. Periodic survey processes and oversight of online survey
processes
C. Program Review
1. Remm.d employers of submittal deadlines
2. Monitor program report receipt
J. Review revised prograIIlS for sites that did not make progress
and evaluate potential for progress toward SOY reduction and
make recuuLLuendations to city
4. Review program reports for completeness for new sites and
for sites that made progress toward goal
5. Recommend action to city
6. Generate approval letter provided by city
D. Exceptions and Modifications
L Infonn new sites about criteria and process
2. Receive requests and copy to city
3. Copy request to state for comment
4. Review and analyze request; send response to employer .
5. Provide documentation for CTR legal file
E. Records Maintenance
I. Maintain master file. records. on all affected sites related to J
King County Tasks ....'
2. Update database and employer legal files' with any documents
provided by city for city tasks
3. On a quarterly basis, provide WSDOT with hard copy of each
employer pro~am report approved within the quarter
4. Provide WSDOT with an electronic copy of the CTR
database of the city's CTR affected employers, quarterly or as
desired by WSDOT
5. Provide quarterly report infonnation forstate billing (for
King County tasks only)
f-xh'\\:~;\+ A"
Responsibility
City
City
City
King County.
King County
King County
King County
King County
City
King County
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Schedule
Ongoing
Ongoing
Ongoing
Ongoing
Ongoing
COUNCIL AGENDA SYNOPSIS
O o N` Initials ITEM IVa
*A j 1 1 X Date Pre p ared Meeting 1 "1 by Mayor's review Council review
z 11/08/04 1 BG /WA 1 J /fi /7 C
rsos I I 1
ITEM INFORMATION
CAS NUMBER: 04-155 ORIGINAL AGENDA DATE: NOVEMBER 8, 2004
AGENDA ITEM TITLE Reject all bids for Allentown /Foster Point Water Sewer Improvement Project
CATEGORY Discussion Motion El Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date 11/08/04 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S All six bids submitted for the Allentown /Foster Point Water Sewer Improvement Project
SUMMARY were over the budgeted amount. This resolution will reject all bids. The project will be
rebid after considering possible areas of cost savings. Possible changes in scope include
eliminating a water line upgrade and using native soil instead of new, imported gravel for
foundation and backfill.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/2/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Reject all bids by resolution.
COMMIITTEE To COW with recommendation to reject all bids by resolution
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$7,100,676.00 $6,200,000.00
Fund Source: 103 Residential Streets, 403.01 Water, 403.02 Sewer 412 Surface Water
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
11/08/04
MTG. DATE ATTACHMENTS
11/08/04 Information Memo dated October 26, 2004
Bid Opening from October 15, 2004
Resolution rejecting all bids
Information Memo on cost saving options dated October 26, 2004
Utilities Committee Minutes from November 2, 2004
INFORMATION. MEMO
Mayor Mullet
Public Works Directo~
October 26, 2004
AlIentownlFoster . Point Water. & Sewer Imorovements
BID AWARD I REJECTION
Project No. 01-SW02
To:
From:
Date:
Subject:
ISSUE
Award or reject all bids for the Allentown/Foster Point Water & Sewer Improvements project.
BACKGROUND
The project was advertised for bids on September 15 and 22, 2004, and six (6) bids were
opened on OctoberJ5,2004. The engineer's estimate was $5,514,548.13. Mid-Mountain
Contractors, Inc., submitted the low bid of $6,502,976.00, which is $988,427.87 over the
engineer's estimate (not including 10% contingency).
ANALYSIS
In order to award the project to Mid-Mountain Contractors, the City would need to increase
the project funding by approximately $900,000 to pay for the higher bid and the associated
increased contingency.. The alternative is to reject all bids and re-advertise the project after
implementing any cost saving revisions.
BUDGET AND .ow SUMMARY
Construction (Bid Amount)
Sales Tax 8.8 %
Subtotal
Contingency (10%)
Total
Actual
$ 5,977,000.00
525.976.00
$ 6,502,976.00
597.700.00
$ 7.100.676.00
RECOMMENDATION
Em!ineer's
Estimate
$ 5,068,518.51
446.029.62
$ 5,514,548.13
506.851.85
$ 6.021.399.98
Bud{!et
$ 6,200,000.00
$ 6.200.000.00
Reject all bids and re-advertise the project after exploring possible contract cost reductions
and/or increasing the budget through alternate funding sources.
attachments: Bid Tabulation
draft resolution
(P:ProjCCI5\A- SW Projccl5\OISW02\Bid Rcje.:tion uc 110204)
~.L I f OF TUKWILA
OFFICE OF THE CITY CLERK
Jane E. Cantu. CMC. City Clerk
ALLENTOWN/FOSTER POINT WATER AND SEWER IMPROVEMENTS
Project No. 04-DR01
BID OPENING
October 15, 2004 - 10:00 a.m.
THE FOLLOWING DOES NOT REPRESENT A BID AWARD
BID THREE (3)
SECURIT ADDEN- TOTAL PROJECT COST
Y DUMS INCLUDES SUBTOTAL OF APPARENT
PRESENT ACKNOWL ITEMS 1&2 RANK OF
BIDDER NAME ? -EDGED? AND 8.80/0 WSST BID
FRANK COLUCOO CoNSTRUCTION 6
COMPANY YES YES $10,878,064.45
1
MIDMOUNTAIN CONTRACTORS, INC. YES YES $6,502,976.00
4
TRI-5TATE CONSTRUCTION, INC. YES YES $8,334,080.00
2
RODARTE CONSTRUCTION, INc. YES YES $7,392,960.00
3
JAMES W. FOWLER COMPANY YES YES $7,774,200.00
5
D. D. J. CONSTRUCTION CO., INC. YES YES $9,193,600.00
ENGINEER'S ESTIMATE N/A N/A $6,021,399.98 N/A
The above figures appear as written within bid dm:umentc; and as read a!o!.!d at b!d
opening.
THEY DO NOT however, REPRESENT ANY BID AWARD; apparent low, or otherwise.
DATED this lS1H day of October, 2004.
/5/
Jane E. Cantu, CMC, City Clerk
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iii I~~ 1[11 I:' II
I...::.J uLJ L'lJ U U
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
W ASHINGTON~ REJECTING ALL BIDS SUBMITIED FOR THE
ALLENTOWNjFOSTER POINT WATER AND SEWER IMPROVEMENTS
PROJECT.
WHEREAS, sealed bids were solicited for the Allentown/Foster Point Water and
Sewer ImproVeIIlE~ntsProject; and
WHEREAS, bids were opened and read aloud by the City Clerk on October 15,
2004; and
WHEREAS, a budget was set for the construction of the water and sewer
improvements; and
WHEREAS, all responsive bids were over the budgeted amount for the
construction of the Allentown/Foster Point Water and Sewer Improvements Project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
1\11 bids are hereby rejected due to budget limitations.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a RegularMeeting thereof this day of , 2004.
ATTEST/ AUTHENTICATED:
Jim Haggc... ~VH, Council President
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:
.
Rejecting AlIentown 1114/04 Page I of I
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public Works Directo~
October 26, 2004 .
Allentown/Foster Point Water & Sewer Imorovements
Project No.Ol-SW02
ISSUE
The six.bids for the. Allentown/Foster Point Water and Sewer Improvements came in over
budget by approximately $900,000.00. This memo addresses possible areas of cost savings
through changes in the scope of work included in the project.
BACKG~{n}ND
In the year 2000, the City of Tukwila began design of sanitary sewers for the Allentown/Foster
Point neighborhoods of Tukwila. The funding source was to be City monies and a low interest
loan from the Washington State Public Works Trust Fund Board. The loan was secured in the
spring of 2004, . with construction .slated for late 2004 and 2005.
ANALYSIS
City staff and their consultants have reviewed the construction plans and information supplied
by the low bidder. The following are areas where money may be saved:
1) No Sales Taxon Road Material (Rule 171)
2) Eliminate water line upgrades between Foster Point and
Allentown along the river (continue to use WD 125 lines).
3) Revise pipe trench sections to eliminate the use of new,
imported foundation gravel and allow use of natiye soil.
4) Revise pipe trench sections to allow the use of suitable
native materials as backfill. The current detail requires
the use of new, imported crushed gravel.
5) Eliminate sidewalks, curbs, and gutters in Foster Point.
Replace with thickened edge pavement sections to direct
drainage to proposed catch basins.
Total Possible Savings
RECOM:MENDATlON
Review above cost savings options for the project.
MC:lw
(P:Projects\A- SW Projccts\OISW02\Cost Savings OptionsUC 110204)
Amount Saved
$175,000.00
100,000.00
100,000.00
500,000.00
63.000.00
$938.000.00
Utilities Committee
November 2, 2004
Present:
Pam Carter, Chair; Pam Linder, Dennis Robertson
Frank Iriarte, Gail Labanara, Ryan Larson, Alan Doerschel, Kevin Fuhrer, Lucy
Lauterbach
1. Cascade View Open House.PublicWorks is getting ready to hold a second open house on
the design of the Cascade View Drainage Improvement Project. It is scheduled for next week,
November 9th from 6 p.m.-Sp.m. at Cascade View Elementary School. Staff said they would get
there early to set up three or four tables with information rather than having a formal meeting.
Citizens had moved thechairsfrom tables at the recent Allentown/Foster Point meeting to make
the planned open house intoarneeting. 184 private property restorations will be done, and
licenses to construct on those properties are needed. So far 50 have come back, and staff hopes to
get more at the meeting. Information.
.*
2. Allentown/Foster Point Sewers Six bids came in for the AllentownIFoster Point sewers.
The lowest of the six was $900,000 over the Engineer's estimate. After studying the bids, Public
Works decided the best option was to rej ect aU the bids and see what could be cut from the
contract and re-bid later.. The Committee accepted that recommendation. Staff asked contractors
for ideas about what could be cut.
The five options to lower costs were not charge sales tax on the project; eliminate water line
upgrades between Foster Point and Allentown; use native soil instead of imported materials in
backfill and foundation inthe pipe trenches; and eliminate sidewalks, curbs and gutters in Foster
Point. The Committee talked about these options. Tests are being done to see if the soil is
suitable to be used. Staff should know about that in 6-8 weeks. The Committee discussed
sidewalks in Foster Point, and thought the only place they might be appropriate if there was
money, was on one side of 56th. They accepted all the recommendations for cuts. l\'Iove to
Council a recommendation to reiect bids for Allentown/Foster.
3. Bud2et and CIPThe Committee reviewed the Surface Water CIP projects, and the Public
Works budgets. They are the first committee to finish all their budget reviews. Recommend
bud!!ets for Council review.
3c Committee chairapproval
COUNCIL AGENDA SYNOPSIS
0 7 Initial ITEM NO,
i C wt el Meatus, Date I Prepared by Mayor's review I Council review
ci 4 f
j 11 9 /C�4 1 I �s�,� 1
g 0 1 I I I C
I TEM INFO
CAS NUMBER: 04-156 I ORIGINAL AGENDA DATE: November 8, 2004
1A. :NDA ITEM TITLE Clearpath Contract
CATEGORY Discussion Motion Resolution Ordinance ❑Bid Award Public Hearing Other
Mtg Date Mtg Date 10/25/04 Mtg Date Mtg Date Mtg Date Nits Date Mtg Date
!SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S Contracts with Clearpath (Rob Larsen) have expired. The new contract will provide real
SUMMARY estate related services for the City.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte ❑Arts Comm. Parks Comm. Planning Comm.
DATE: 10/18/04
RE COMMENDATIONS:
SPONSOR /ADMIN. Approve as submitted
COMMITTEE Approve as submitted
COST IIVMPACT J FUND 4SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRI.ATION REQUIRED
$25,000 $25,000
Fund Source: THESE PAYMENTS WILL BE MADE FROM THE GENERAL FUND AND THE FACILITIES FUND.
Comments:
$"^b'.z��� gR tea A t n g
MTG. DATE RECO O.F- C OU`N CIL ACTI
11/8/04 I
I I
MTG. DATEy `t* t z
f-� ,'A ur fs 4 ATTACHMENTS
I 11/8/04 Staff Letter dated September 16, 2004
Proposed Contract
Finance Safety Committee minutes from October 18, 2004
I
Date:
Finance & Safety Committee
Rh... onda.B...en~....... ....................
~.. ..
...-7
September .16, 2004
To:
From:
Subject:
Economic Development Consultant Services
The existing contracts with Rob Larsen (dba ClearPath) have essentially expired and or
reached their dollar limits.
Attached is a new contract for services related to economic develv}-'Hlent. It is limited to
items related directly to economic development with the most significant item being the
Tukwila Village development.
........ ,:.~,~..". ;:;,
CITY OF TUKWILA
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, entered into as of this day of , 2004,
is by and between the City of Tukwila, a Municipal Corporation, hereinafter referred to
as the "City" and Rob Larsen, dba ClearPath, hereinafter referred to as the "Consultant."
WHEREAS, the City of Tukwila does not possess the staff reso:urces to perform said
services and the Consultant is qualified, willing and able to provide and perform said
services describedinthis agreement; and
WHEREAS, the CitY desires to retain the services of the Consultant to provide
assistance in the sale or acquisition of property, further defined in Exhibit A.
WHEREAS, the said services to be performed by the Consultant are temporary in
nature.
NOW THEREFORE, inconsideration of the mutual promises and covenants herein
contained, to. be kept, performed and fulfilled by the respective parties thereto, and
other good consideration, itis mutually agreed as follows:
1. The City agrees to pay the Consultant for services performed under the contract
pursuant to the hourly rate described in Exhibit B"Compensation," but not to
exceed $25,000. It is agreed that such payment shall constitute the Consultant's sole
compensation for the contract services performed for the City; and furtht:lmore
that this contractshall not constitute the establishment of an employer/ employee
relationship. The Consultant agrees that he shall be responsible for all associated
FICA and Federal withholding tax obligations. The Consultant shall complete and
submit a W-4 form to the City of Tukwila Finance Department and shall submit an
invoice upon satisfaction of the assigned scope of work or work in progress prior
to receipt of payment. Said invoice shall detail the number of hours and specific
tasks performed during the billing period.
2. All previous contracts and agreements with Rob Larsen, dba ClearPath are hereby
null and void.
3. The term of this agreement shall be through June 30, 2005, unless kuuinated
earlier or extended for an additional period as provided under the following
section hereof.
ClearPath 2004 10/20/04
City of TukwilafClearPath
Consultant Services Agreement
Page 2
4. This agreement may be extended for an. additional period upon the written
consent of both parties hereto, with City Council approval. This agreement may be
terminated at will by either party on ten days written notice to the other, except
that if either party fails to perform or observe any of the provisions, ~\::~J.Us, or
conditions herein, either party may terminate this agreement immediately, as long
as written notice is thereafter communicated to the other.
5. Said services, and all duties incidental or necessary thereto shall be conducted and
performed diligently and competently and in accordance with professional
standards of conduct and performance.
6. All records or papers of any. sort relating to the City and the project will at all times
be the property of the City and shall be surrendered to the City upon demand. All
information concerning the City and said project, which is not otherwise a matter
of public record or required bylaw to be. made public, is confidential and the
Consultant will not, in whole or in part, now or at any time, disclose that
information without the expressed wrii.~t::H consent of the City.
7. This agreement may not be assigned or otherwise transferred by either party
hereto. The Consultant may subcontract to others or hire a portion of the work to
be done, provided the Consultant first receives written consent of the City.
8. No change, alteration, modification or addition to this agreement will be effective
unless it is in writing and properly signed by both parties.
IN WITNESS WHEREOF, the parties hereto have signed this agreement on the day
and year first above written. .
CONSULTANT
CITY OF TUKWILA
Rob Larsen, ClearPat.~
Rhonda Berry, City Administrator
AUTHENTICATE/ATTEST
Jane E. Cantu, City Clerk
ClearPath 2004 10/20/04
Exhibit A
Scope of Services
Clear Path shall work with Tukwila officials to provide technical guidance and direct
support. Specific work products are for various development opportunities.
)> Provide technical assistance with the Tukwila Village development Phase lA and IB
proposals.
)> Provide real estate technical assistance at the City Administrator's direction.
ExhibitB
Te.l..1us of Payment
The Consultant will invoice the City for the work completed at the rate of $157.00 per
hour at the close of each month.. Invoices will be paid within 20 days of receipt. Any
extraordinary expenses claimed shall first be approved by the City of Tukwila before
the Consultant obligates any funds.
OearPath 2004 10/20/04
Finance and Safety Committee
October 18, 2004
Present:
Dave Fenton, Chair; Joan Hernandez, Dennis Robertson
Alan Doerschel,Darlene Heskett, Rhonda Berry, Peter Beckwith, Lucy
Lauterbach; Kevin Fuhrer; resident Ron Phelps
1. Amendment to Public Defender Contract David Kirshenbaum's firm has handled public
defender services for the City form,my years. Their reputation is very good, and they have not
had a pay increase forthree years. They asked for an increase of 6%, to $9,000/month, or
$108,000/year. Darlene had compared their cost to similar costs of defense attorneys for King
Countyand for the national average. The annual cost for those attorneys was $292,740 at King
County and $328,000 nationally. Tukwila gets a very good rate for good work. Recommend
contract to COW.
2. .Cancellation of Accounts Receivable Each year Alan has to write offuncollectable bills
owed by people. This year there are fewer write offs; Alan said they were the lowest they've
been in ten years. The fines they owe are mostly from fire inspection fees when they fail multiple
times and need to be retested; There are disputes between the equipment providers and the clients
who fail the tests. One family, the McCoy residence, had fourteen charges for false alarms, with
five on one day. Alan thought they'dleft town. Recommend resolution to Retmlar Meetine:.
3. Annual Write-Off of Warrants. Checks and Gift Certificates Just as the City writes off
uncollectable bills, they also write offuncashed checks from the City to individuals or
companies. The largest number of gift certificates that were not cashed in were from golf course
certificates. One water customer who the City owes money to was also listed in the accounts
receivable list. Recommend issue to Ree:ular Meetine:.
4. Animal Control Issue The City Attorney's office had drafted new language for the animal
control ordinance. The new language gives the City specific authority that had been listed for
King County to do. The appeal process is also being changed to go the City's hearing examiner
ratherthanKing County's. The Committee heard from Ron Phelps who lives next to three pit
bulls that escape with some regularity. He cannot use his back yard because the dogs are so loud
in their barking and charging the fence whenever anyone is in Ron's yard. Ron is not anxious to
complain because the home with the dogs has retaliated in the past when people have
complained about the dogs. All the negatively affected people are somewhat fearful of the house
and the dogs that have gotten out at least six times in the past year. Ron said the pit bulls could
eat his small dogs easily if they were in the yard when the pit bulls escaped. Peter did not know
if the City could regulate back yard behavior, but said he would check. At the next Committee
meeting WaU Washington, the head of Animal Control, will be invited. Reschedule.
*
5. Clearoath. Consultant Ae:reement Alan noted that this Agreement had been in Committee
last month, and it has been refined and changed according to the Committee's wishes. The Scope
of Services had one new item of providing technical assistance to the new Economic
Development Administrator, and.the Committee recommended deleting that. Otherwise they
recommended the contract to Council. Recommend contract to COW.
C UNCI'L AGENDA. SYNOPSIS
O ...e* Initials ITEM NO.
4 1 1 1 9 Meetin Date 1 Prepared by 1 Mayor's review 1 Council review
ai 4ii it 10/25/04 LL I Ad!'" 1
t 11/01/04 I bb for LL 1 ,4 ,,e- Li-.
rso ii /2 /i 4 1 LA/ I A_ Iitchl I
ITEM INFORMATION
CAS NUMBER: 04-149 I ORIGINAL AGENDA DATE,: 10/ 25/ 04
AGENDA ITEM TITLE Review of 2005 Budget and 2005 -2010 CIP
CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other
Mtg Date 10/25/04 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pe.YR Police PW
SPONSOR'S
SUMMARY Review of proposed budget. and /or CIP (refer:to attached memo for
specific items to be reviewed this Week).
REVIEWED BY 1 COW Mtg. (10 -25) CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Review budgets
COMMITTEE Two committees have started their budget reviews
.COSTIMPACTI FUNDSOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
10/25/04 1 Discussion held. Council consensus existed to forward the item to the Nov. 1
Regular meeting for additional discussion, edits, etc.
11/1/04 Continued review and discussion.
MTG. DATE ATTACHMENTS
10/25/04 Memo from Lucy Lauterbach dated October 20, 2004
Minutes from Finance and Safety Committee (10- 18 -04)
Minutes from Utilities Committee (10- 19 -04)
11/01/04 Memorandum to Council from Lauterbach /Doerschel dated November 1, 2004.
11/8/04 Memorandum to Council from Lauterbach Doerschel dated November 3, 2004_
To:
City Council
From:
Lucy Lauterbach
Alan Doerschel
Date:
November 3, 2004
Subject:
Bud1!et Review
You have finished reviewing the Police, Revenues and City Council budgets. You can make your
way down the list below, and because budgets go much faster than comprehensive plans, you
should be able to make good progress on this list. Once you're through the items below, you can
probably finish the budgetreviewwith one more longish session, but it can probably be done at a
one or two regularly scheduled meetings. There's always the fifth week, too if we don't' finish.
. You do have an extra meeting scheduled November 16, 2004 6:30 sandwich dinner included.
You also have an extra 6:30 meeting the following week, November23fd to work on comp plan
buffers and other untied ends. We'll include dinner for that meeting also.
Mayor
Sister City Committee
Human Services
Equity and Diversity
Arts Commission
Park Commission
Library Advisory Bd
Court
Finance
Legal Services
Park and Rec
Dept 20 Fund balances
Hotel/Motel Tax
VNET
Contingency
Fire Suppression
Debt Service
Land Acq, Gen Plant, Gov
..-
pp. 29-32
p.33
pp. 34, 181-182
p.37
pp. 38-39
pp.40-41
.p. 42
pp. 43-44
pp. 54-55
pp. 56-57
pp.60-69
p.134
p.135
p.136
p. 143
p. 144
pp. 146-149
pp.151-154
W
COUNCIL AGENDA SYNOPSIS
fcw 1 y� Initial., ITEM NO.
i e iVleeti* Date Prepared by 1 Mayors review Council review
10 11
usE 04 R. Fox rs
10/18/04 I R. Fox I
11/08/04 R.Fox 0/./A
-c
90S I I H
I
ITEM INFORMATION
CAS NUMBER: REF. 04-109 (3RD CAS) I ORIGINAL AGENDA DATE: 8-2-04
AGENDA ITEM TITLE Comprehensive Plan Amendments /GMA revisions
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 10/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 10/4 Mtg Date 8/2,8/23
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pe.,'R Police PW
SPONSOR'S Conduct deliberation on GMA amendments and annual amendments
SUMMARY
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADNIIN.
COMMI I'I'EE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
8/2/04 Council considered schedule and process for proposed amendments
8/23/04 Council was briefed on recommendations from the Planning Commission
10/4/04 Public Hearing
10/11£10/18/04 Deliberations on GMA and annual amendments
MTG. DATE ATTACHMENTS
10/11/04 Memo with summary of amendments
(Council to bring notebooks "Comprehensive Plan Update -City Council Review"
10/18/04 Memo w /attach. B.6.A (Insert in "Supplemental Materials "w /tab B in Comp Plan Update
Notebook)
11/8/04 Memo re Council comments /edits *(Bring Comprehensive Plan Update binder.
CityofiTukwila
Steven M. Mullet, Mayor
Department ofCommunily Development
Steve Lancaster, Director
MEMORANDUM
To:
From:
Subj:
Date:
r;
City Council \ -)
Steve Lancaster, Department of Community Development r \ '
Comments on Comprehensive Plan Amendments i v
November 1,2004 v
Background Information:
Councilmember Carter had made several edits and comments for the City Council's
revisions to.the Comprehensive Plan amendments that we provided to you in your boxes
on October 19 and October27.Councilmember Carter's comments are attached to this
memo and are discussed below. We would like to confirm these with you at your
November 8 meeting.
We intend to include these changes in the "ordinance version" which we hope to
distribute before the November 15 meeting. We would like to adopt the ordinances on
November 22, 2004 ata special meeting following the Committee ofthe Whole meeting.
Edits/Comments:
The following .comments apply to materials distributed in your boxes on October 19,
2004.
TUKWILA SOUTH (TAB I-I)
. Page 4
Implementation Strategy will follow Policy X 2
GLOSSARY (TAB A-4)
. Page 1
Phrase "that is" will be added to the definition of Best Available Science at the end of the
first line
. Page 4
Does the Council intend to eliminate the term "Market Driven Transition" since it was
removed from both the Tukwila South and Urban Center chapters?
The following comments apply to materials distributed in your boxes on October 27,
2004.
CC memo--edits for 11-8-04
-
UJUU JUULltr.;f:tLLf:f'.DUuu::varu,JutLf: ff1VU . lUI\.VVtLa, VVa::iltttL~LUft ':10100 .. rItUtLf:: 4UU-<f.:n-Ju/v .. rax: 4VU-<fJ1-JVUJ
.~-~
UTILITIES ELEMENT (T AS 8.2)
· We have changed all references to Puget Power and Washington Natural Gas to
Puget Sound Energy. We have also updated the name of the cable provider from TCl
to Com Cast.
. Policy 2.1.23
As the Cmmcildiscu$sed, we have added the new Implementation Strategy as follows:
"Participate in regional water conservation programs"
ECONOMIC DEVELOPMENT ELEMENT (T A8 B.7)
. Formatting of bullet:
All sections will be consistentlyformattedwhen the Comprehensive Plan is reprinted
. New issue:
As the Council discussed on October 18,2003, we have added the following issue:
"The ability to fund infrastructure and services is dependent on maintaining
a solvent revenUe stream, particularly sales tax. A potential change in the
sales tax sourcing rules is projected to reduce Tukwila sales tax revenue by
$2.6 million per year. This would directly affect Tukwila's ability to
adequately fund capital infrastructure and services.
. NewPolicv:
As the Council discussed on October 18, 2004, we have added the following new Policy:
2.1.10 Consider a moratorium and/or land use change for warehouses and
distribution centers if there is a mandated change in sales tax sourcing
rules.
CC memo--edits tor 11-8-04
Rebecca Fox - Comp Plan
Page 1
From:
To:
Date:
Subject:
Steve Lancaster
RebeccaFox
10/29/04 1 :34PM
Comp Plan
Pam Carter called and had the followingcomments/suggestions regarding the packet of "Council
Changes" that have been distributed:
Tab A-1, p.4: She believes the Implementation Strategy should follow Policy X.2.
Tab A-4 (Glossary) p.1: In the definition of BAS, at the end of the first line,swhe thinks the phrase "that
is" needs to be inserted.
Tab A-4 (Glossary) p.4: She believes the Council meant to eliminate use of the term "Market Driven
Transition" from both the Tukwila South AND the Urban Center chapters, and therefor, shouldn't this
definition be removed?
Lets talk about these itmes. Monday before the CC meeting.
cc:
.Jack Pace; Minnie Dhaliwal
Rebecca Fox - Edits to Comp Plan revisions
Page 1
From:
To:
Date:
Subject:
~'Pam Carter"<pmcarter@jps.net>
"Steve Lancaster" <slancaster@ci.tukwila.wa.us>
10/30/04 11 :36PM
Edits to Comp Plan revisions
Just a couple of things need correctedon therevisions (yellow sheets) we
received on Friday.
PC
Utility Element
Page 7 -- Electric Power,line 3
"Puget Power" should be "Puget Sound. Energy"
Page 7 --PugetSound Energy
Shouldn't the heading be "Natural Gas" rather than the name of the company?
Page 7 -- Puget Sound Energy, line 4
"Washington Natural Gas" should be "Puget Sound Energy"
Page 7 -- Telecommunications, line 3
We didn't discuss this, but! think the name of the cable provider has
changed from "TCI" and is now "ComCast"
Page 14 -- Policy 2.1.23 .
You forgot to add the new Implementation Strategy
"Participate in regional water conservation programs"
Economic Development Element
Page 1 -- 3rd bullet
Needs reformatted so bullet matches other bullets
Also need to add under Issues
"The ability to fund infrastructure and services is dependenton maintaining
a solvent revenue stream, particularly sales tax; A potential change in the
sales tax sourcing rules is projected toreduce Tukwila sales tax revenue by
$2.6 million per year. This would directly affect Tukwila's ability to
adequately fund capital infrastructure and services.
Then a new Policy
2.1.10 Consider a moratorium and/or land use change for warehouses and
distribution centers if there is a mandated change in sales tax sourcing
rules.
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
7 �t a, 9 1 Meeting Date Prepare 1/Gyx\ 1 Mayor's review 1 Council review
a/21 I 11/08/04 sl
I I
ITEM INFORMATION
CAS NUMBER: 04-157 1 ORIGINAL AGENDA DATE: 11/8/04
AGENDA ITEM TITLE Use of Tukwila Pond property for wetland enhancement
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 11 -08 -04 Mtg Date Mtg Date 11 -15 -04 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal OP &�'R Police PW
SPONSOR'S The proposed resolution would authorize negotiation of an agreement with Wig Properties,
SUMMARY LLC, under which enhancement of wetlands at Tukwila Pond could be used to satisfy
wetland mitigation requirements for development of the ]C Penney's site.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: October 26, 2004
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt resolution
COMMITTEE Forward to City Council
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $N /A
Fund Source: N/A
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
11 -8 -04 1
MTG. DATE ATTACHMENTS
11 -8 -04 Memo from Steve Lancaster dated 11 -03 -04
Draft Resolution with Exhibits
CAP minutes, 10 -26 -04
City of Tukwila
Steven M. Mullet, Mayor
Depa. ~1U.entoJContmunity Development
Steve Lancaster, Director
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet, Members of the City Council ~. vi
Steve Lancaster, Director, Department of Community Development
November 3, 2004
Possible Development on J.e. Penny Site (17200 Southcenter Parkway)
Project No. E04-019, L04-069
ISSUE
There are two issues for discussion: I) Should the City allow private development mitigation on
City-owned property? and 2) the timing of the adoption of a revised Sensitive Areas Ordinance
(SAO) does not matchthetimeframeneeded by a proposed redevelopment with wetlands on the
J.C. Penny site.
BACKGROUND
The Community Affairs and Parks Committee considered this issue at their meeting on October
26, 2004 and agreed to forward this item to the Committee ofthe Whole for its review.
The Department of Community Development has been working with Mr. Mon Wig, of Wig
Properties, LLC, on the redevelopment of the former J.C. Penny warehouse site totaling 18.77
acres. The site is located at 17200 Southcenter Parkway. Mr. Wig has optioned the property and
is moving toward purchase ofthe site early next year. Development on the site will be subject to
design review and SEP A (environmental review).
A portion of the J. C. Penny site is developed with two buildings (19,600 sq. ft. and 200,000 sq.
ft. in size). The remainder of the site is undeveloped and contains a number of wetlands. The
majority of the wetlands are of poor quality in terms of their functions and values, but they are
regulated by the current Sensitive Areas Ordinance, (SAO) and constrain development
opportunities on that portion of the site as several of the wetlands are classified as Type 2 under
the current SAO, and cannot be altered.
Mr. Wig is proposing to develop one or more multi-level parking garages, approximately
400,000 sq. ft. of retail space and several restaurants on the site. Staff have been working with
Mr. Wigto incorporate elements of the Tukwila Urban Center plan into the site design and have
been working with him on how the proposed SAO will impact his proposed development.
The current SAO under section TMC 18.45.080 C.2.c. permits off-site mitigation if a number of
criteria can be met.
-, .--, "-. ---- - ---
v.....vv .Jvt.t{JiL-c;_/(,ic;,:.J..i.t!ii,t~vci/_u.j-vU.I.L~ Tr.l.-VV .. JUl\..l(vua, r-~a~ItLil.15LVIt ';iVIUU .. l-ItUUc;. ~VV-~.,JI-JU/V - J.'aA. ~VU~~JI-JUUJ
No\'ember 3, 2004
Council of the Whole
J.e. Penny Property
DISCUSSION
Issue 1: Use ofCitv ProDertv for Off-site Mitigation
Mr. Wig has been working with the State Department of Ecology and the U.S. Army Corps of
Engineers on thebest approach to mitigation ifthe wetlands on the J.e. Penny site are filled.
The general consensus of the State and Federal agencies is that the wetlands are of poor quality,
not good candidates for enhancement on-site and that the best form of mitigation would be to
mitigate off-site atanbther wetland. Mr. Wig would like to enhance the wetland at Tukwila
Pond as his mitigation for alterations to the wetlands on the J.C. Penny site.
It is apolicy decision for the Council on whether it is acceptable to permit mitigation of private
development on City-owned property. The direction trom the Council on this question will
shape how development takes place on the J.C. Penny site, and possibly other properties
throughout the City.
The draft mitigation plan proposed by Mr. Wig utilizes Tukwila Pond to provide enhancements
to the Pond's wetland functions and values in lieu of on-site mitigation. This draft conceptual
mitigation plan has been reviewed twice by the City's wetland consultant and comments
provided to Mr. Wig's wetland consultant so that the conceptual mitigation plan can be refined.
Data will be 90llectedover the winter at Tukwila Pond to assist in determining whether the
mitigation plan will be successful. Until that data has been analyzed the mitigation plan can be
approved in concept only.
The overallenvironmentalimpacts of development at the J.C. Penny site will be reviewed
through SEPA, with additional emphasis on transportation and wetland issues. Before further
review is conducted, staff needs guidance trom the Council on whether it is acceptable to locate
the wetland mitigation on a City-owned site.
Issue 2: ProDosed Sensitive Areas Ordinance:
The current sensitive areas ordinance does not permit the majority of the rear portion of the J.C.
Penny site to be developed, due to the type of wetlands and their location on the property. The
proposed .sensitive area ordinance includes language that would permit the alteration, with
mitigation, of isolated wetlands formed on fill material in highly disturbed environmental
conditions that have low wetland functions. The type of wetlands on the J.C. Penny site appear
to fit this particular alteration option. The exact text of the proposed code language reads:
"Isolated wetlands formed on fill material in highly disturbed environmental conditions
and assessed as having low wetland functions may be altered and/or relocated under this
chapter. These wetlands may include artificial hydrology or wetlands unintentionally
created as the result of construction activities. The determination that a wetland is
isolated is made through the Type 2 permit process. A mitigation or enhancement plan
must be developed and must comply with the standards of mitigation required in this
chapter."
2
q:\J. c.Penny\COW Il~8.doc
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November 3.2004
Council of the Whole
J.c. Penny Property
The Council completed its initial review ofthe draft SAO and set a date for a work session on
specific issues for November 23, 2004. Duringitsreview of the "Wetland Uses, Alterations,
and Mitigation" section of the draft SAO,theCouncil discussed the subsection quoted above and
did not indicate any desired changes to this section. A date for adoption of the revised SAO has
not been established.
Mr. Wig has indicated he needs to make a decision on whether to proceed with purchase of the
J.C. Penny site by mid-November. Staff has prepared a Resolution that authorizes the Mayor to
enter into an agreement with Wig Properties for the use of Tukwila Pond as off-site mitigation.
The Resolution.also recognizes that the City Council is considering changes to the SAO that
would make the proposed project possible.
RECOMMENDATION
Place the attached Resolution on the Council agenda for action on November 15,2004.
Attachments: October 26,2004 CAP Minutes
3
q:\J. C.Penny\COW 11-8.doc
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10'1 m lK\ ~ 11
L.::J UU L'l.l U U
A.RESOLUTION OF THE CITY COUNCIL OF THE OTY OF TUKWILAf
WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE AN
AGREEMENT WITH WIG PROPERTIES, LLCf FOR USE OF CITY-OWNED
PROPERTY AT TUKWILA POND.
WHEREAS, the City of Tukwila owns property identified by the attached
Exhibit kand referred to hereafter as the "Tukwila Pond Property;" and
WHEREAS, the Tukwila Pond Property is deemed to have significant value as bird
and wildlife habitat; and
WHEREAS, portions of the Tukwila Pond Property are subject to a "Conservation
Easement" intended to preserve the ecological system thereof, a copy of which is
attached hereto as Exhibit B; and
WHEREAS, much of the wetland area and associated habitat is significantly
degraded due to poor water quality; invasive, non-native vegetation; and lack of
appropriate native vegetation; and
WHEREAS, the City of Tukwila wishes to preserve and improve the habitat and
related ecological and other values provided by the Tukwila Pond Property; and
WHEREAS, Wig Properties has proposed development of property lying
approximately 310 feet southwest of the Tukwila Pond Property and within the same
watershed, which property is identified as the "}C Penney's Site" by Exhibit A; and
v\fRERE.AS, Wig Properties' proposed development site contains approximately
1.16 acres of weiland; and
WHEREAS, Wig Properties has .proposed that it mitigate the adverse impacts of
developing these weilands by enhancing weilands at the Tukwila Pond Property at a
ratio of 3 to 1; and
WHEREAS, off-site mitigation of weiland impacts would provide significant
benefits to Wig Properties' development proposal; and
WHEREAS, the. Tukwila City Council is considering amendments to the City's
Sensitive Areas ordinance that would make it possible to mitigate the impacts of filling
these weilandsat the Tukwila Pond Property; and
WHEREAS, the potential of off-site mitigation for the Wig Properties development
proposal. occurring at. the Tukwila Pond Property provides a unique opportunity to
improve the overall functions and values of weilands and wildlife habitat on publicly-
owned property within a heavily-urbanized area;
NOW, THEREFOREf THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
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Section 1. The Mayor of the City of Tukwila is hereby authorized to enter into an
agreement with Wig Properties or its designee, allowing the use of a portion of the
TukwilaPondPropertyfor mitigation of wetland impacts associated with development
of the "JC Penny's Site," identified by Exhibit A.
Section 2. Any agreement for use of the Tukv.rila Pond Property for such mitigation
shall be consistent with all applicable City of Tukwila ordinances and regulations,
induding the Tukwila Sensitive Areas ordinance in force at the time of development
___'___n_1 .
al'l'LvvaL.
Section 3. Any agreement for use of the Tukwila Pond Property for such
mitigation shall incorporate measures approved by the Director of the Deparhnent of
C()mmurJty Development to ensure the long-term ecological success of the mitigation
program.
PASSED .BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ata RegularMeeting thereof this day of , 2004.
ATIEST/AUTHENTICATED:
Jim Haggerton, Council President
Jane E. Cantu,CMC, City Oerk
APPROVED AS TO FORMBY:
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Tukwila Pond 11/4/04 Page 2 of 2
WIG Properties LLC
Tukwila Pond Property Aerial Map
Hillis Clark
Martina and Peterson PS
500 galland Building
1221 Second Avenue
Seattle WA 98101
Attn Glenn J. Amster
Declaration of Conservation Easement
Recording No 9208261819
93110913903
Bruce E. Hosford
Community and Parks Committee
October 26, 2004
Present: Pam Linder, Chair; Joe Duffie, Dave Fenton
Carol Lumb, Stacy Hansen, Evie Boykan, Bruce Fletcher, Rick Still, MalcolmNeely, Steve
Lancaster, Bob Giberson, Jim Morrow, Gail Labanara, Marty O'Brien, Tracy Galloway, Rhonda
Berry, Paul Surek, Mayor Mullet, LucyLauterbach; Mon Wig, Leshya Wig, Richard Freiheit,
Chad Armour-Penney's Development; Michelle Roedel, Gretchen Muller-Backyard Wildlife
Habitat
1. Backvard Wildlife Fair Gretchen spoke of some of the benefits the fair has brought to
Tukwila. The event brings a broad spectrum of regional media and people to Tukwila, and many
of them are pleasantly surprised that the city is more than Southcenter. People who have come
are from Bellingham, Olympia, Duval andWhidbeyIsland and they are part of the 3,000 people
who have visited the fair in the past Over 47% of Washington residents enjoy wildlife viewing,
and that excludes hunters and fishers.. There are also some state programs that would be great tie-
ins if the fair were to expand.W atchable Wildlife, for example, has state marketing and
promotional programs as well as small business growth opportunities. School children are
educated about wildlife. Tukwilareceived recognition from the State Senate for the fair.
Michelleasked the Committee for a commitment of city funds of $10,000, excluding in-kind
help. They need money to help their marketing and program funds, and they hope to hire a part-
time person to manage the project this year. Both Michelle and Gretchen have busy full time jobs
that prevent them from. putting too much time in on the fair. If they are unable to get funding by
January, they may be forced to hookup with another already-established event at Woodland Park
zoo or in Olympia. The Committee supported the request for $10,000 and said they would take
the request to the Council as part of the budget review. Alan said some funds may be able to be
taken from Tourism and. Marketing, as this event does bring people into the city. Recommend
$10.000 suooort for Backvard Wildlife Fair.
2. 2005-2006 Human Services Proe:rams The Human Services Advisory Board members each
spent 19 hours reading through proposals from social agencies that wanted funds from Tukwila.
After analyzing and discussing the options, they rated the proposals and the past performa.ilce
from the agencies that have worked for us before. The result was that they recommended twenty
nine agencies be funded. The agencies ranged fromsupport for self-sufficiency; positive family
relationships; urgent basic needs; and information and referrals. They leave some contingency
funds, which in 2004 they used for rental assistance. Four programs are aimed at limited English
speakers. Aoorove recommendations for fundine: send to COW for Council aooroval.
.~. 3. Develooment of JC Penney's site The architeCt for the proposed new development at the
~. old Penney's warehouse on Southcenter Parkway spoke about the developer Mon Wig. Mon Wig
ha.s built several buildings and small malls in Lakewood and Olympia. There are wetlands on the
back portion of this Penney's property, and the developer hopes to be able to fill them in and
mitigate the wetland by improving Tukwilapond. Richard said Mon Wig builds developments
and holds them instead of selling them. His buildings are always high quality, and Mon has
always shown creativity and persistence in development. He and the architect have done about
25 projects together. Mon said when he develops somewhere and gets to know the city, he
Community and Parks Committee
October 26, 2004
Page 2
generally does more than one development there, ashe's done in both Lakewood and Olympia.
Their plans are to widen Minkler to the end of their building site, which will include two two-
story buildings and a parking garage along with retail development. To be able to do that, they'll
want to use the 1.16 acres in Type 3 wetlands on the site. Changes in the SAO the Council is
now considering will be needed in order to mitigate off site. Both their environmental engineer
and the Army Corps of Engineers have recommended mitigation off site, as the wetland were
only created from fill that was put in some years ago. They would replace invasive grasses at
Tukwila pond with native plantings. Mon Wig expressed concern with the City Council
approving the SAO changes in mid November and the pond mitigation plan at the end of
November. He is trying to close on the property in January, and needs bank financing and
appraisals before then. Steve Lancaster sa.id our wetland consultant is working to make sure the
mitigation plan at Tukwila Pond will work. One issue there is that monitoring will be needed to
see what the problems are, and that can take some time. A solution to moving ahead could be to
authorize the mayor to enter into an agreement for use of the property. The Committee wanted to
be sure the Council can get through the SAO in a timely manner, and discussed the possibility of
needing an extra Council meeting to get through some of the tough issues in the SAO. Intent to
oroceed tf,) flettin!! SAO review done: information.
4. Budget Review The Committee reviewed Evie's and Stacy's Human Services budget, and
the Parks and Golfbudgets. One concern was funding the Wildlife Habitat Fair. Alan said
Tourism could fund a portion of the $10,000 request, and the other funding would have to be
found elsewhere. Bruce wants to replace some fitness equipment in the weight room, and thinks
the additional revenue needed will come from user fees, which he's estimated conservatively. .
Pro!!ress made on budget review: reschedule.
~L..cOD1D)ittee chair approval