Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Reg 2004-11-15 COMPLETE AGENDA PACKET
Tukwila City Council Agenda StevenM. Mullet, Mayor Rhonda Berry, City Administrator Jim Haggerton, Council President Councilmembers: · Pam Carter · Joe Duffie · Dave Fenton · Joan Hernandez · Pamela Linder · Dennis Robertson .:. REGULAR MEETING ... . Monday, November 15, 2004 7:00 PM 11. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE Ord. #2068 Res. #1564 3. 4. ROLL CALL PROCLAMATIONS/ APPOINTMENTS CITIZEN COMMENT Human Services Advisory Board appointment: Sharon Kidd, Pos. #5; term expires 4/30/05 (fills vacancy) 6. CONSENT AGENDA At this time, you are invited to comment on items not included on this agenda. To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. a.Approval of Vouchers b. Authorize the Mayor to sign the 2004-2005 Commute Trip Reduction (CTR) contract with King County (funded by King County Metro). (Refer to 11-8-04 COW agenda packet.) c. Authorize the Mayor to sign a contract with Clear Path in the amount of $25,000 for technical guidance and direct support for various development opportunities. (Refer to 11-8-04 COW agenda packet.) d. Accept as complete the Cascade View Community Park construction contract with Rodarte Construction, Inc.; authorize release of retainage subject to the standard claim and lien release procedures. (Final project cost: $740,857.31.) e. Project Completions: 1. Accept as complete the Duwamish Park Playground Equip- ment project with Northwest Playground Equipment; authorize release of retainage subject to the standard claim and lien release procedures. (Final project cost: $38,976.78.) 2. Accept as complete the Crystal Springs Park Playground Purchase and Installation project with Sitelines Park and Playground Products; authorize release of retainage subject to the standard claim and lien release procedures. (Final project cost: $49,153.07.) 5. (continued.. .) -I-I-I-I-I~I-I-I-ill-I-I-"-I . REGULAR MEETING November 15,2004 Page 2 7. UNFINISHED a. A resolution setting a public hearing for request for vacation of BUSINESS a portion of Maule Avenue from S. 143rd Place to S. 143rd Street. (Applicant: John C. Radovich.) b. An ordinance providing uniform guidance to employees and elected officials on ethical issues. c. A resolution authorizing the Mayor to negotiate an agreement with Wig Properties, LLC, for the use of the City-owned Tukwila Pond property. d. A resolution rejecting all bids submitted for the Allentown/ Foster Point Water and Sewer Improvement project. e. Authorize the Mayor to sign a land lease agreement with Sound Transit that offers $233,800.00 for the initial period of 24 months, then an option to extend the lease at a rate of $9,741.66 per month (not to exceed 36 months). f. Review of Comprehensive Plan amendments. );> Please bring your new ordinance notebook. < g. Continued review of the Proposed 2005 Budget. 8. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 9. MISCELLANEOUS - 10. EXECUTIVE SESSION 'I 11. ADJOURNMENT I Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206-433-1800/fDD 206-248-2933. This notice is available at www.ci.tukwila.wa.us and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. - - 11;q COUNCIL AGENDA SYNOPSIS 104/ s -I% Initials ITEM NO. �1� fi r I M eeting Date I Prepared by I Mayor's review I Council review cti "Mb fir 111/15/04 So I 1 7966 I I 1 I 1 I I 4 ITEM INFORMATION CAS Number: 04-158 I Original Agenda Date: November 15, 2004 Agenda Item Title: Appointment of Sharon Kidd to Human Services Advisory Board Original Sponsor: Council Admin ,10( Timeline: Sponsor's Summary: Appointment of Sharon Kidd to Position #5 of Human Services Advisory Board, term to expire 4/30/2005. Recommendations: Sponsor: Confirm appointment Committee: Administration: Same as sponsor. Cost Impact (if known): Fund Source (if known): RECORD OF COUNCIL ACTION Meeting Date Action 11/15/2004 APPENDICES Meeting Date 1 Attachments 11/15/2004 Memo from Mayor to Council dated 10/28/2004. City of TukWila 6200 Southcenter Boulevard- Tukwila, Washington 98188 Steven M. Mullet, Mayor To: City Council From: <:':.ill.Ai\/V'V Mayor Mullet ~vv Re: Appointment to Human Services Advisory Board Date: October 28,2004 It is my pleasure to submit to you the application of Ms. Sharon Kidd. Ms. Kidd has applied to fill the current vacancy in position #5 of our Human Services Advisory Board, the term of which expires April 30, 2005. Unless I hear otherwise from the Council before November 5, Ms. Kidd will be invited to the Regular City Council Meeting on Monday, November 15,2004 to have her appointment confirmed. Thank you. Iso cf: Jane Cantu Evelyn Boykan Phone: 206-433.1800 · City Hall Fax: 206-433-1833 . www.cUukwila.wa.us . '. Citvof Tukwila APPLICATION FOR APPOINTMENT Type or print clearly and refumcompleted form to: Office of the Mayoi'; 6200 Southcenter Blvd; Tukwila W A 98188 I wish to be considered for appointment to the following board or commission: o Arts Commission 0 Lodging Tax Advisory Committee o . Equity and Diversity Commission 1i2I' Human Services Board o Civil Service Commission 0 Library Advisory Board o Community-Oriented Policing Citizens Advisory Board (COPCAB) Name: S"'~'"D V\ K d) 0 Address: ^-/2... Sf)... ~o / 'i b \-V,- Phone,Day: to l, - ? -1-1. -() .\".~::) Night: S <:L,,",,"'.iL Please check all that apply to you within the Tukwila City limits: o School District Representative o Business OwnerlManager Available to attend meetings: 0 Evenings 0 Daytime Present employer/occupation (if retired, please indicate former occupation): o Park Commission o Planning Commission o Sister City Committee D Other: Date: I 0 - '2-:$;" - 0 "f Zip Code: <? ~ I h Ft' Email: ~"'^-<,,:ce.L~{.60 ~eGr+(,d, :-'X:. n~1- ElResident D High School Student ,... e..-h('~\ L. b ('c.-.n ~V( Phone: Occupational history/background: K (J- ~- ,3D {, € l'\ 1"5 , Professional/community ac~ivities(orgs.. clubs, service groups, etc.): L...j b ro.1',-\ 11 A \I ,. ~ (', r'-{ B <~ G. rf'<< dW ~ Hobbies/interests: K' ~ rt l.':' r'. C("~ -f. 1- 0 ~ Qualifications related to this position: () r:- 0 b\~W' ~ S \L<:"'\-. ..<:...~ As '1u..'r<~~1a. L"\\{'~.-:r"". ~< "2..ri l...P(\t'S, 'S.tl..Ld \r'l'lQ~'),-, '" u..n c.€-" \ VO '\) <( r ~ '-\ \ \' 1,\ ., ~ & t:t.\\ ""''' ~_.' eJ-l9, ... . \ 'h (1.. .D...... " \\' 0" - i . --, If you have previously served on one of the above boards/commissions, please provide details: C. u. n(' <N. 1- L.~ vi L ; h 'n... ,-. L' f~ l~ '-11.'" ..,<" u 15 1'. co. A }l., c).' ~ ~..... Describe. why you are interested in serving on this board/commission/committee: .J- \;\ a. u e.. :s e.. €, ........ ~ <:t.. ?H e, \, \ ,. "" <:"~ . D.... "'- (t "\.00 0"""'\ A . t ~,.... )" i-\~",.c:' \ i 1<., .t-(o.. iJ... {\a .~+ o-t '\-~ c \\ Signature: g,,,.. .... ""'" f' " \ 1!l11' . Date: lO-2J)'-a"f {L - & Note: Upon submission, all injormation on this form becomes public record. For further clarification regarding this application or more information regardingthe boards or commissions, please call the Mayor's office at 206-433-1850. Application for Appointment 6/20/03 •q CO UNCIL A GENDA SYNOPSIS %0 J 10 s2''. Initials ITEM No. j ��4 9 1 Meeting Date 1 Prepared by „1 Mayor's review 1 Council review ,c 11/15/04 I SL I .d I J ice. 7 ••`0= I 1 I I I I I 1 I I 1 ITEM INFORMATION CAS NUMBER: Ref 04-154 I ORIGINAL AGENDA DATE: 11/8/04 AGENDA ITEM TITLE King County Metro Commute Trip Reduction Implementation Contract for $21,106.00 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 PAR Police PW SPONSOR'S Sign CTR Implementation Contract with King County Metro for fiscal year 2004 -2005 SUMMARY REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/12/04, 11/8/04 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 $none Fund Source: WSDOT Comments: paid from state allocation for CTR MTG. DATE I RECORD OF COUNCIL ACTION 11/08/04 1 Approve and forward to Regular meeting MTG. DATE 1 ATTACHMENTS 1105/04 1 _attachment$ COUNCIL AGENDA SIWOPSIS J ;�.I.tIL,4, tiy Initials ITEMNO. O/ i Meeting Date Prepared by Mayor's review 1 Council review eg. I (19 /v4- 1 I A...LP I /74 I I I 1 :ITEM INFORMATION 1 CAS NUMBER: 04-156 I ORIGINAL AGENDA DATE: November 8, 2004 AGENDA ITEM TITLE Clearpath Contract CATEGORY Discussion /1 Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 10/25/04 Mtg Date Mtg. Date Mtg Date Mtg Date Mtg Date (SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police !DPW 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 REC OMMENDATIONS: SPONSOR /ADMIN. Approve as submitted COMMIT iEE Approve as submitted OST IMP 1, FU SOURCEe EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION I4 TION REQUIRED $25,000 $25,000 Fund Source: THESE PAYMENTS WILL BE MADE FROM THE GENERAL FUND AND THE FACILITIES FUND. Cotntnents: MTG. k 11 ,.,i RECORD OFF; COUNCIL ACTIONn 11/8/04 Discussed at C.O.W.; consensus existed to forward to Regular Mtg. for action MTG. DATE!' ATTACHMENTS 11/8/04 Staff Letter dated September 16, 2004 Proposed Contract Finance Safety Committee minutes from October 18, 2004 11/15/04 No attachments. 1 1 1 COUNCIL AGENDA SYNOPSIS k `ti Initials ITEM NO. 0 Meeting Date 1 Prepared by 1 Mayor's review 1 Council review us x 11/15/04 1 BG3r ei H rsos i 1 ITEM INFORMATION CAS NUMBER: 04-159 I ORIGINAL AGENDA DATE: NOVEMBER 15, 2004 AGENDA ITEM TITLE Accept as complete Cascade View Community Park Construction Contract and release retainage. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 1111 5 1 04 SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PTV' SPONSOR'S Rodarte Construction, Inc. completed the park project on October 3, 2003, however a SUMMARY number of landscaping issues remained unresolved until recently. Unit price overruns amounted to $8,571.20. The total contract amounted to $740,857.31. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/08/04 RECOMMENDATIONS: SPONSOR /ADMIN. Accept contract as complete and authorize release of retainage. COMMI I"I"EE Accept contract and forward to Consent agenda for approval COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $740,857.31 $804,000.00 Fund Source: 301 Parks Recreation (page 8, 2004 CIP) Comments: Total budget was $930, 000 which also included the play equipment and art elements. MTG. DATE RECORD OF COUNCIL ACTION 11/15/04 MTG. DATE ATTACHMENTS 11/15/04 Information Memo dated November 2, 2004 Notice of Completion of Public Works Contract 03 -094 Transportation Committee Meeting Minutes from November 8, 2004 INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public. Works. Directo~ November 2, 2004 Cascade View Community Park Project. Completion and Acceptance ISSUE Accept construction. contract as complete and authorize release of retainage in the amount of $35,567.86. BACKGROUND The Notice to Proceed for Contract No. 03-094 with Rodarte Construction, Inc., of Auburn, Washington, was issued on June 1, 2003, for the construction of Project No. 97-PK03. This contract was substantially completed on. October 3, 2003; however, a number of landscaping issues remained unresolved until recently. All remaining items of work have been resolved. . Closeout paperwork has been completed and verified, and the project is now ready for final acceptance. The contract cost is summarized as follows: Contract Award Amount Unit Price Overruns Sales Tax Paid Total Amount Paid {incl. retainage) $ 702,786.00 8,571.20 29,500.11 $ 740,857.31 ACTION TAKEN ('-'.. The final payment has been issued, final records are being prepared, and this acceptance will formalize the closeout of this project. RECOMMENDATION It is recommended that this contract be forwarded to the Tukwila City Council on the consent agenda for formal acceptance and authorize the release of the retainage, subject to the standard claim and lien release procedures. BG:ad attachment: Notice of Completion of Public Works Contract (P:Projects\A- PK Projecrs\97PK03\lnfo Memo Closeout - Rodarte Construction. Inc.) ~ State of Washington ~/~DepartmentofRevenue '//..iJJJ.:. PO Box 47474 · REVE~UE91~', W A 98504-741' Contractor's Registration No. (UBI No.) 600264803 Date 9/28/04 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Assigned To City ofTukwila 6200 Southcenter Boulevard Tukwila, WA98188 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Cascade View Community Park (Project No. 97-PK03) Contractor's Name Contract Number 03-094 Telephone Number Rodarte Construction, Inc. Contractor's Address 253-939-0532 P.O. Box 1875, Aubum,WA 98071-1875 Date Work Commenced Date Work Completed Date Work Accepted 6/1/03 Surety or Bonding Company United States Fidelity and Guaranty Company Agent's Address 10/3/03 Terril,Lewis and Wilke, P.O. Box 1789, Yakima, W A 98907 Contract Amount $ 702,786.00 Additions $+ 8,571.20 Reductions $- Liquidated Damages $ 0.00 740,857.31 Amount Disbursed $ 705,289.45 Amount Retained $ 35,567.86 TOTAL $ 740,857.31 Sub-Total $ Amount of Sales Tax Paid at % $ (Ifvarious rales apply, please send a breakdown.) TOTAL $ 711,357.20 29,500.11 Comments: Signature Finance Approval -. 'C) \-'. o Type or Print Name Diane Jaber Phone Number 206-433-1871 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TIY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e (6-27-01) Transportation. Committee November 8, 2004 Present: Joan Hernandez, Chair; Pam Carter, Joe Duffie PatBrodin, RobinTischmak, Jim Morrow, Kevin Fuhrer, Alan Doerschel, Frank Iriarte, GailLabanara, Lucy Lauterbach . 1. Interurban Avenue South Desi2:n The city has received a $396,000 federal grant for funding the design ofroad improvements on Intemrban Avenue S. from 143rd to Fort Dent Way. After interviewing five ofthe fourteen firms that were interested, staff chose KPG by a wide margin. They scored higher than other companies on every rating criterion. The design and engineering costsof$434,710.24 are within the project budget, although Joan noticed that in the CIP there is not money for construction until after 2010. She asked if the design work being done now would still be useful ifconstmctiondidn't occur until that many years ahead, and Jim assured her it would. The Committee approved the scope of work that was included.. Authorize mavor to ~ifm contract with KPGfordesi2:n services for Interurban. 2.Southcenter Parkwav Extension Supplement David Evans already has a $351,000 contract to design the extension of Southcenter Parkway to the south city limits. Additional design work is needed forthe sewer linefrom Minkler to S. 200th and the additional 1,400 feet of roadway to reach the city's southern boundary, so a supplementto the contract has been prepared. Segale did some preliminary design work on the sewer, but the majority of design still remains to be done. A supplement has been negotiated inthe amount of $70,615, and is within budget. Advertising for constmctionis included in the work. Jim said the City cannot afford to build the road or sewer without bonds, and we couldn't pay the bond payments without assistance from the TVS project. Pam pointed out that the only reason for the sewer project is to serve the TVS project. The sewer money is within the S. 180thStreet project in the CIP. Recommend authorizin~ mavor to sie:n supplement for extension. 3. Tukwila International Boulevard (TIB) Phases 2 and 3 of the TIB project were previously discussed in late 2003 and early 2004, but there was not enough money to do both phases, so the southern section that would continue the previous improvements north, had been chosen. Since the first of the year the City has received more funding, and is now able to do both phases, if some savings are found. The Committee considered the $16.5 m and $16.15m versions and recommended the $16.15million dollar version, and also considered other savings that could be made if necessary. Move discussion to CO'V. * 4. Cascade View Park Cascade View Community Park construction is complete, and the city is ready to release the retainage of the contractor. Though the contract was largely done in 2003, there were a number oflandscape issues that have remained open. Those are now resolved, and the project can be closed out. loan asked what the $8,571.20 cost overruns were for and was infonnedthey were partly for gravel, asphalt and the sidewalk extension. Recommend proiect acceptance and release of retaina1!e to consent ae:enda of a Re1!ular Meetim!. WILA, COUNCIL AGENDA SYNOPSIS J s y Initials ITEM NO. sOt Q 1 Meeting Date Prepared by I Mayor's review, I Council review 0 11/15/04 1 RS i %o a M l� mos 1 1 (CI e S ITEM INFORMATION CAS NUMBER: 04-160 I ORIGINAL AGENDA DATE: 11/15/04 AGENDA ITEM TITLE Duwamish Park Playground Purchase and Installation Project Acceptance and Crystal Salinas Park Plavground Eauiument Proiect Acceptance. CATEGORY Discussion g Motion Resolution Ordinance ['Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Nits Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R p Police PW SPONSOR'S Accept the Notice of Completion of public works contract AG 04 -066, and authorize the SUMMARY final release of retention funds ($1791.21) to Northwest Playground Equipment. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/9/04 RECOMMENDATIONS: SPONSOR /ADMIN. Accept the projects as complete and release retainage. COMMITTEE Same as Sponsor I COST IMPACT FUND SOURCE! EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Duwamish Park $38,976,78 $40,000 Crystal Springs $49,153.07 $50,000 Fund Source: Community Development Block Grant, 301.00394.760.64.02 Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 11/15/04 November 3, 2-004 Memorandum and corresponding t L Notice L7e Of Completion FormS �a tl .'D �1 +0 1111 +0 1111 ,ail ,1 X .0 l j J fler± f/ Community and Parks Cmte Mtn Minutes of 11/9/04 not available at time of publication of agenda packet Parks and Recreation Department Bruce Fletcher, Directo~ MEMORANDUM Mayor Mullet TukwilaCity Council . ~ Bruce Fletcher, Director of Parks and Recreation <..0\1- Rhonda Berry, City Administrator Alan Doerschel, Finance Director DATE: November3, 2004 SUBJECT: Duwamish Park Playground Equipment Project Equipment Completion and Acceptance TO: FROM: cc: On September 8, 2003, . the City Council authorized the use of 2004 Community . Development Block Grant (CDBG) to fund the replacement of two playground structures at Crystal Springs and Duwamish. Parks. The Parks and Recreation Department has completed the playground equipment replacement at Duwamish Park. Northwest Playground Equipment was the successful applicant chosen to complete the project. The short-form contract costs are summarized as follows: Contract Award Change Orders 8.8% WSST $38,976.78 $ 0.00 $ 3.152.53 $38,976.78 TOTAL The Department of Parks and Recreation recommends that Tukwila City Council accept the Notice of Completion of public works contract #AG 04-066, and authorize the final release of retention funds ($1791.21) when final releases are received. . ~. Department of Revenue ~..... PO Box 47474 REVENUE Oly~pi' WA 98504.7474 Contractor's Registration No. (UBI No.) 60 I 691 557 Date 11/3/04 NOTIGE OF COMPLETION OF PUBLIC WORKS CONTRACT '. City of Tukwila 6200 Southcenter Blvd. Tukwila, Wa.98188 Assigned To Date Assigned Notice is hereby given relative to the completion o/contract or project described below Description of Contract Playground Equipment Replacement at Duwamish Park Contractor's Name Contract Number AG 04-066 Telephone Number Northwest Playground Equipment Contractor's Address (425) 313-9161 PO Box 2410 Issaquah, Wa. 98027 Date Work Commenced Date Work Completed Date Work Accepted 9/24/04 Surety or Bonding Company CBIC/ Lee Insurqnce Agent's Address 10/12/04 11410 98th Ave. N. E. Kirkland, Wa. 98033 Contract Amount Additions 35,824.25 Reductions $ $+ $- Liquidated Damages $ Sub-Total Amount of Sales Tax Paid at 8.8 % (If various rates apply, please send a breakdown.) TOTAL $ $ $ 35,824.25 3152.53 Amount Disbursed Amount Retained $ 37,185.57 $ 1791.21 -~-..-~~ 38,976.78 TOTAL $ 38,976.78 Comments: i.- . \0'- .. fir:... ,. ".._;L.~..~. . -"\:::::~ . ~, .----- ,t to .(! Signature Type or Print Name Phone Number ~-- The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate.. and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TTY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http://dor.\Va.goY. REV3) 0020e (6-27-01) Parks and Recreation Department Bruce Fletcher, Directo~ MEMORANDUM DATE: SUBJECT: Mayor Mullet Tukwila City Council Bruce Fletcher, Director of Parks and Recreation Rhonda Berry, City Ad ministrator Alan Do~rschel,Finance Director November.3, 2004 Crystal Springs Park Playground Equipment Project Completion and Acceptance TO: FROM: CC: DISCUSSION: On September 8, 2003, the City Council authorized the use of 2004 Community Development Block Grant (CDBG) to fund the replacement of two playground structures at Crystal Springs and Duwamish Parks. The Parks and Recreation Department has completed the playground equipment replacement at Crystal Springs Park. Sitelines Park and Playground Products was the successful applicant chosen to complete the project. The short-form contract costs are summarized as follows: Contract Amount Change orders Subtotal 8.80% Sales Tax TOTAL $45,177.45 $ 0.00 $45,177.45 $ 3.975.62 $49,153.07 RECOMMENDATION: The Department of Parks and Recreation recommends that Tukwila City Council accept the Notice of Completion of public works contract # AG 04-067, and authorize the final release of retention funds ($2,258.87) when final releases are received. ~ State of Washington . . rr/ . Department ofReve.n.u..e. ://. PO Box 47474 . .. REVENUE Olympia WA 98504-7474 Contractor's Registration No. (UBI No.) 601 295 276 Date 11/5/04 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT City ofTukwila 6200 Southcenter Blvd. T~ila, VVa.98188 Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Playground Equipment Replacement at Crystal. Springs Park Contractor's Name Contract Number AG04-067 Telephone Number Sitelines Park and Playground Products Contractor's Address (425) 355-5655 626 128th. St. S.VV.#104A Everett, VVa. 98270 Date Work Commenced Date Work Completed Date Work Accepted 10/11/04 Surety or Bonding Company Eric VVagner Insurance Co. Agent's Address P.O. Box 289 Marysville, VVa. 98270 11/1/04 Contract Amount Additions Reductions $ 45,177.45 $+ Liquidated Damages $ $- Sub-Total Amount of Sales Tax Paid at 8.8 % (If various rates apply, please send a breakdown.) TOTAL $ $ $ 45,177.45 3,975.62 Amount Disbursed Amount Retained $ $ 46,894.20 2,258.87 49,153.07 TOTAL Cvu.ul1ents: $ 49,153.07 ,_....... .. ........... ~~~:::.~~~~I ,... . .......mi!t~SP.h~~4l~&iC~~~m.~~ - '~ v- ,t ...-...i~...'-k ., '~'\'- --- '1.- }.,:.. Signature Type or Print Name Phone Number The Disbursing Officer must complete and mail T.I.:lHEE copies of this notice to the Department of Revenue, PO Box 47474, Olympia,VV A 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please can (360) 753-3217. Teletype (TTY) users please call (800)451-7985. You may also access tax information on our Internet home page at http://doLwa.gov. Go UNC1L AGENDA SYNOPSIS ,'1 Initials o A y ITEM NO. i i at Meeting Date 1 Prepared by 1 Mayor's review 1 Council review d +�li v f 11/15/04 1 MC 1 ,h I -1,71A e Li 1908 ITEM INFORMATION CAS NUMBER: 04-161 I ORIGINAL AGENDA DATE: NOVEMBER 15, 2004 AGENDA ITEM TITLE Resolution Setting Public Hearing for the Street Vacation of a portion of Maule Avenue from South 143 Place to South 143 Street. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date 11/15/04 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pe7R Police ®PW SPONSOR'S This resolution is to set a public hearing date of December 6, 2004 for the street vacation SUMMARY of a portion of Maule Avenue, from South 143 Place to South 144 Street. RCW 35.79.010 requires a public hearing to consider vacating public right -of -way. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Approve Resolution setting public hearing for December 6, 2004. COMM ITEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 11/15/04 1 MTG. DATE I ATTACHMENTS 11/15/04 I Information Memo dated October 13, 2004 Resolution Notice of Petition INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ October 13,2004 Petition for Vacation of Maule Avenue from South 143rdPlace to South 144th Street ISSUE On October 13, 2004, petitioner JohnC. Radovich provided a complete request for vacation, including the required signatures of two/thirds of the property owners abutting Maule Avenue. An appraisal was not provided due to the right-of-way for Maule A venue will be exchanged for a 20.00' wide strip of frontage along Interurban Avenue South. BACKGROUND This vacation petition is associated with future street improvements proposed by the City of Tukwila to InterurbanAvenue South. The City project requires an additional 20.00 feet of right- of-way froIltagefrom Mr. Radovich's parcel # 0002800013 (5878 SF:f:). In return for Mr. Radovich's frontage along Interurban Avenue South, he will receive 5853 SF:f: from the vacated Maule Avenue from South 143rd Place to South 144th Street. ALTERNATIVES The Council may approve the resolution to set a Public Hearing date or it may deny the request for the vacation. RECOMMENDATION Approve resolution setting a date for the Public Hearing for vacation of Maule Avenue from South 143rd Place to South 144th Street. MC:lw attachments: Petition for Vacation of Streets draft resolution vacation site map (P:Laurie AdminIMikelmemolO1304sm Vacation of Maule Ave) .../:; , City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, . WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARiNG FOR VACATION OF MAULE AVENUE FROM SOUTH 143RD PLACE TO SOUTH 144TH STREET. WHEREAS, the owner of the property abutting the right-of-way has petitioned to vacate Maule Avenue from South 143rd Place to South 144ch Street; and WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing upon the vacation of Maule Avenue from South 143rd Place to South 144ch Street shall be held before the Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, Washington, on December 6, 2004, which is not less than 20 nor more than 60 days from the date of passage of this resolution, at which time all persons interested in said right-of-way vacation are invited to appear and be heard. Section 2. The City Clerk is directed to post written notice of pendency of the public hearing in three public places in theCity of Tukwila and in one additional conspicuous place on the right-of-way sought to be vacated at least 20 days prior to the date set for hearing. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of .2004. Jim Haggerton, Council President A!.!b~l/ AUTHENTICATED: Jane E. Cantu, CMC, City Oerk APPROVED AS TO FORM: By: Office of the City Attorney Filed with the City Oerk: Passed by the City Council: Resolution Number 5TR VAc-MAULEAvE-143RD 11-04.DDC PETITION FOR VACATION OF STREETS PURSUANTTO RCW 35.79 TO THE TUKWllA CITY COUNCIL: 1. The undersigned petitioners hereby request vacation of the following described property located in the City of Tukwila: (Provide legal description. If legal description is long, please attach. Attach a site plan of the area to be vacated.) Maule Avenue from Southerly margin of South 143'd Place to the Northerlymargin of S 144th Street 2. The names and addresses of ALL property owners abutting on the property to be vacated are as follows: {do not include City-owned property) Owner Name (print) Uohn C. Radovich ~ohn C. Radovich Property Address Total frontage (feet) 287.36 298.03 16275 5 143rd Place 16275 S J43rd Place I I I I 3. Petitioner signatures. Only oWners of property abutting the street to be vacated may petition. For the petition to be valid, the signers must account for at least 2/3 of the property, by length, abutting the right-of-way: (do not include City-owned property) Owner Name .. '! . " Property Address (si~nature) 4-,/~' / JohnC. Radovich ~/ .rl3/6./ (12'75 5 143rd Place John C. Radovic~(~275 5 143rd Place I (/. I I I Total frontage (feet) 287.36 298.03 4. In accordance with Resolution 1499, the $1200 feefor street vacation has been received. DATE RECEIPT NO. CLERK SIGNATURE 4t I L L>DF-.:E1E l-.J f\ I u~ (?,~ eu:3L.lc. c......-~.-<... iC (/1. Cv<.,R.. Itf2 '7/ c'-1 Address your comments to: Public Works Department City of Tukwila 6300 Southcenter Blvd. .suite 100 TukwilaiWA 98188 Street Name Or Number: Description of Property Being Vacated: DATE: Kroll Map Page # Petitioner'sName And Address: ~ol\tv C. 12 A 60 VIi" '"2 f>3.S' e'2NO Ave "e: -it 2"" r'llE It.. c.e!.. I :sUI,v I} LJ f.I- q fJo lfu RESPONSE: " I I'ISI I's. Its 11:1 I'B 'f.J o REVIEW REQUESTED OF: Mayor's Office I 0 King County PlanninR DeDI. I 0... PURet Sound EnerRY Public Works DeDt. 1 0 Seattle City LiRht Parks/Rec. Depl. 1.L:1-- QWEST Fire Depl. 1 0 Water Disl. Police Depl. I 0 Sewer Dis!. -a Coj'1CA-S r Notice of PetitiQn for Vacation of Street -- ...... MAD L6. AvC". .souTl-j .sa Isc Qtr: Ne- LEt; .4-1.- GELLJw See: / L{ I Twn: 23,1.11 I'Z::3 Please Respond By: Public Hearing Date: Rge: '-I e Your comments may be limited to the following, if applicable: o We have no objection to the vacation. o We have utilities in the right-of-way o We require easement prior to vacation. Signature: Title Maule Avenue from Southerly margin of South 143,d Place to the Northerly margin of S 144'h Street I \ \ tv...s MAuLr:.. AVe U!.ICA-T"lotV V I c.../ tJ I -"'<:I .... --. --- -- 1'1A-r'" ".';.,' --. ;\'::~!:: '.: ~: -.- COUNCIL AGENDA SYNoPsIs ILA, q k 1 I nitials ITEM NO. Os f 4 P ~000 1 Meetin Date Prepared by Mayor's review 1 Council review` 1 /fib I3 Kersla ke.1 I //h 11. 1 1 l I c 1 1 I`1 W' "r so "8 /a i I I ITEM 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 ►1 F &S Cmte Transportation Cmte Utilities Crnte Arts Comm. Parks Comm. Planning Comm. DATE:: 10/4/04 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt Ethics Ordinance COMMITTEE COST IMPACT F.UN.D SOURCEn EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED -0— -0- -0- Fund Source: DNA Comments: S s p,. �'d t� t n s` v, r l =s z t s' a r °`I11tT AA1 lft' E�t, ORD OF_cO►U'4N.CI .ACTION 5/10/04 1 Discussed at COW Mtg. 11/8/04 1 Discussed at COW; minor edits suggested; forwarded to Regular Mtg. for action 1 ATTACH 11/8/04 Memo from Shelley Kerslake, Proposed Ordinance, Minutes of F S 10/4 Meeting 11/15/04 Ordinance (final format) City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWlLA, WASHINGTON, ADOPTING A CODE OF ETHICS FOR CITY EMPLOYEES, FORMER CITY EMPLOYEES, AND un' OFFICIALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila 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 WrlEREAS, the City wishes to identify impermissible conduct or former City employees; and WHEREAS, the City desires to provide for uniform investigation and adjudication of ethics complaints; NOW, THEREFORE, THE CITY COUNCIL OF ll:1Jj CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section .1. Code of Ethics Established. A code of ethics for City employees and officials is hereby established 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 of the City of Tukwila to uphold, promote and demand the highest standard 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 carrying out their public duties; they shall avoid any improprieties in their role as public servants, including the appearance of impropriety; and never use their City position or powers for improper personal gain. . B. It is the intention of the City Council that TMC Chapter 2.95 be liberally interpreted 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 interpreting TMC Chapter 2.95, City officers and employees should be guided by conunon sense and practicality. This Code of Ethics is supplemental to Washington State law, RCW 42.23. Ethics Code 11I12/04 Page 1 of 6 . /,:>- ,....-. As used in TMC Chapter 2.95, these words shall have the following meanings, unless the context clearly indicates otherwise: 1; "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. 2. .. "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. 3. "Compensation" means payment in a.."lY form, for real or personal property orservices.of any kind. . 4. "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. refreslunents furnished in connection with appearances, ceremonies, and occasions reasonably related to official City business, where otherwise permitted by law. S.. ..."Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his/her designee. 6. . "Immediate 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, e.g., within three degrees of relationship by blood marriage. 7. "Person"means any individual or corporation, business or other entity, however constituted, organized or designated. 2.95.030 Prohibited Conduct The following shall constitute violations of this Code of Ethics: 1. General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated ina 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 conduct prohibited in TMC 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics. 2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall participate inhis/her capacity as a City officer or employee in the making of a contract in which she/he 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 inte,rest 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(s) of the officer(s) having the remote interest. For purposes of TMC Chapter 2.95, a" remote interest" means: a. That of a non-salaried officer of a nonprofit corporation; J>. 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; c. That of a landlord or tenant of a contracting party; Ethics Code .11/12/04 . Page 2 of 6 ....... . d.. That of.a holder of less than one percent of the shares of a corporation, a limited liabiIity company, or other entity, which is a contracting party. 3. 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 Qr 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 TMC 8.24.020. 4. Representation of Private Person at City Proceeding Prohibited. No City officer or employee shall appear on behalf of a private person, other than him/herself or an immediate family member, or except as a witness under subpoena, before any regulatory governmental a.gency 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. 5. Certain Private Employment Prohibited. No City officer or employee shall engage. in or accept private employment from - 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 perforrrtance of official duties. 6. Beneficial Interest in Legislation Prohibited. No City officer or employee, in appearing before the City Council or when giving an official opinion before the City Council, shall have a financial interest in any legislation coming before the City Council or 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. 7. Disclosure of Confidential Information Prohibited. No City officer or employee shall disclose or use any confidential, privileged or proprietary information, gained by reason of his/her official position, for a purpose which is 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 upon request. 8. ImjJiuf'er Use of Position Prohibited. No City officer or employee shall knowingly use his/her office or position to secure personal benefit, gain or profit, or use his/her position to secure special privileges or exceptions for him/herself, or for the benefit, gain or profits of any other persons. . 9. 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. This section does. not apply to off-duty employment relationships, which are mutually negotiated. 10. 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 available to the public generally, for the authorized conduct of official City 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 TMC Chapter 2.95 or of any other provision of TMC Chapter 2.95. 11. 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: Ethics Code 11/12/04 Page 3 of 6 '.:.' ...-''-.;.; :: Attendance of a City officer or employee at a hosted meal when it is provided in conjunction with arneeting directly related to the conduct of City business, or where . official attendance by the officer or employee as a City representative is appropriate; b. An award publicly presented in recognition of public service; or c. 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 of a reward for action or inaction. 12. Irnperrnissible Conduct After Leaving City Service. a. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former officer or employee shall disclose or use any privileged, confidential or proprietary information gained because of his/her City employment. b. Participation in City Matters Prohibited. No former officer or ~mployee shall, during the period of one year after leaving City office or employment: (1) Assist any person in matters involving 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. (2) 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 (3) Participate as or with a bidder, vendor or consultant in any competitive selection process for a City contract in which s/he assisted the City in determining the project or work to be done, or the process to be used. c. Du.ty 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. d. Exceptions.. The prohibitions of TMC 2.95.030, paragraphs 12.b(1) and (2), 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/her designee(s): \ 1. Ma.yor; 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 subject of the complaint that a complaint has been made; then complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint is received by the Mayor, unless an "A~",usion 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 or City Attorney, as appropriate. Ethics Code. 11/12/04 Page 4 of 6 . ' II. 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 r~commended disposition of the complaint. 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 recommended disposition shall not be implemented until the time for requesting a formal hearing, pursuant to TMC 2.95.040F, hasJapsed and no such hearing has been requested. F.The party complained against may, within ten business days following the date of the recommended disposition which finds a violation of this Code of Ethics, request in writing a formal hearing before the Hearing Examiner. G. With1, 30 days after the conclusion of t.....e hearing, the Hearing Examiner shall, based upon a preponderance of the evidence, prepare findings of fact, conclusio~ of law, andhisjherorder. 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 on the Hearing Examiner's order. 2.95~05(}rena1tie.; fui: t~Qni:on1pliAl1ce Any person found, by a preponderance of the evidence, to have violated any provision' of, this Code of Ethics may' be subject 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, where it is de~cLUJned disciplinary measures are not appropriate under the circumstances; 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 TukwilaMunicipal Code and applicable personnel policies shall be followed for regular employees in the Oassified City Service; 5. Exclusion from bidding on City contracts for a period of up to five years; 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. 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 from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. B., Public Disclosure. If ordered to disclose any doclliTlcnts 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 Tukwila Municipal Court, which shall hear the case according to the Civil Rules for Courts of Limited Jurisdiction and applicable local rules of the'Tukwila Municipal 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. Ethics Code 11/12/04 Page 5 of 6 .<" ", 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/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 fro:moffice,then the person disciplined or removed from office may seek whatever remedies maybe 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 in equity. Section 2. . Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional 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. Section 3. Effective Date. This ordinance or a summary thereof, shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST/AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clery' Passed by the City Council' Publishen' Effective Datp. Ordinance Numbf>'" APPROVED AS TO FORM BY: Office of the City. Attorney Ethics Code 11/12/04 Page 6 of 6 Co UNCIL AGENDA SYNOPSIS of 4Z Initials ITEM NO. ►T1t� k 1 Meetin Date Prepared b y A I Mayor review I Council review M i 1 11/15/04 1 .gip 1 1 1 11/08/04 1 sl V� I h�-e' I I r rsos ,4 /5/ f 1 I. I j f,n- /-f. 1 l C ITEM INFORMATION CAS NUMBER: Ref 04-157 I ORIGINAL AGENDA DATE: 11/8/04 AGENDA ITEM TITLE Use of Tukwila Pond property for wetland enhancement CATEGORY Discussion Motion E 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 0 Adm Svcs DCD Finance Fire Legal P &R Police PW SPONSOR'S The proposed resolution would authorize negotiation of an agreement with Wig Properties, SUMMARY LLC, under which enhancementt of wetlands at Tukwila Pond could be used to satisfy wetland mitigation requirements for development of the JC Penny's site. REVIEWED BY COW Mtg. ►1 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 COMMTIIFEE Forward to City Council COST. IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $N /A $N /A Fund Source: N/A Comments: MT+G. DATE RECORD OF COUNCIL ACTION 11 -15 -04 11 -08 -04 COW review of draft resolution recommendation to place on Council agenda 11/15/04 MTO 'DATE ATTACHMENTS 11 -15 -04 Memo from Jack Pace dated 11 -09 -04 Memo from Steve Lancaster Resolution with Exhibits CAP Minutes dated 10 -26 -04 City oJ Tukwila Steven M. Mullet, Mayor Depa. tu ..ent()f Community Dettelopment Steve Lancaster, Director INFORMA TION MEMO To: From: Date: Subject: Mayor Mullet, Members of the City Council }1 JackP""e,'PeputyDirector, Department of Community Development . J November 9, 2004 Possible Development on J.C. Penny Site (17200 Southcenter Park ay) Project N()~E04-019, L04-069 ISSUE Adoption of Resolution authorizing the Mayor to enter into an agreement with Wig Properties for the use ofTukwila Pond as off-site mitigation. BACKGROUND The Committee of the Whole considered the draft Resolution at its meeting on November 8, 2004 and forwarded the Resolution tothe Council for action at its meeting on November 15, 2004. JnJormational material thataccornpanied Lhc draf'l RcsuluLiol1 is attached La this memo: Draft Resolution, Memorandum dated November 3, 2004 from Steve Lancaster and attachments related to Tukwila Pond and the J.C. Penny site. DISCUSSION The Council at the Committee of the Whole meeting on November 8, 2004 indicated support for the use of public property, in this instance Tukwila Pond, by a private developer for mitigation required for development ofa private site with wetlands. No funds are currently budgeted for City improvements to the functions and values of the Tukwila Pond wetland. Allowing Wig Properties to. enhance over three acres of the wetland at Tukwila Pond will improve the wildlife functions and other important functions of the Pond while at the same time permitting the redevelopment of an existing 18 acre sitc in the urban center. The Committee of the Whole also indicated that, depending on the outcome of its work session on November 23, 2004, it may be ready to adoptthe revisioned Sensitive Areas Ordinance on December 6,2004. - UJVV JUULltl.:~ItL~rDUUtl:;Vitl u, duii~iil VV - lW\Wttit, VViti>ILLlI15WIt Y0100 .. ntult~; L,UV-'+Jl-JU/ v .. rdJC.; L,VU-~jl -"jVUJ November 9,2004 Developmenton Lt. Penny Sitt1 RECOMMENDATION Adopt Resolution authorizing Mayor to enter into an agreement with Wig Properties for the use of Tukwila Pond as off-site mitigation Attachments: November3, 2004 Memorandum from Steve Lancaster Resolution and Exhibits A andB October 26, 2004 Community Affairs and Parks Committee Minutes 2 q:\JC Penny\II-9 Council Memo.doc City of TuktAtiia Steven M. Mullet, Mayor Department of Community DeYelopment Steve Lancaster, Director INFORMATION MEMO To: From: Date: Subject: Mayor Mullet, Members of the City Council .~V Steve Lancaster, Director, Department of Community Developmen November 3,2004 Possible Development on J.C. Penny Site (17200 Southcenter Parkway) Project No. E04-019, L04-069 ISSUE There are two issues for discussion: 1) 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 match thetimeframe needed by a proposed redevelopment with wetlands on the lC. 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 of the Whole for its review. The Department of Community Development has been working with Mr. Mon Wig, of Wig Properties,LLC, on then~development 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 of the 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 ofthe site is undeveloped and contain~ 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 todevelopone 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. Wig to incorporate elements of the Tukwila Urban Center plan into the site design and have been working with him on how the proposedSAOwill impact his proposed development. The current SAO under section TMC18.45.080 C.2.c. pennits off-site mitigation if a number of criteria can be met. 63tJO.Sqachce[lcer.jjou'~X<jra,,~uice#100.Tukwiia, Wasizingcon 98i88 · Phone: 206-431-3670 · Fax: 206-43i-3UUJ November 3, 2004 COUJlcil ofthe Whole J.c. Penny Property DISCUSSION Issue 1: Use of CitvProoertv for Off-site M iti!!ation Mr. Wig has been.working with the State Department of Ecology and the U.S. Army Corps of Engineers on the best approach to mitigation if the wetlands on the J.C. 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 at another 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 a policy decision for the Council. on whether it is acceptable to permit mitigation of private development on City-owned property. The direction from the Council on this question will shape how developmenttakes place on the J.C. Penny site, and possibly other properties throughout the City. The draft mitigation plan pr()posed 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 thatthe conceptual mitigation plan can be refined. Data will be collected overthe 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 overall environmental impacts 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 from the Council on whether it is acceptable to locate the wetland mitigation on a City-owned site. . Issue 2: Prooosed 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.PCI1I1)'\COW 11-8.doc No\'ember 3.2004 Council of the Whole J.e. Penny Property The Council completed its initial review of the draft SAO and set a date for a work session on specific issues forNovember 23,2004. During its review of the "Wetland Uses, Alterations, and Mitigation" sectionofthe draft SAO, the Council discussed the subsection quoted above and did not indicate any desired changes to this section. A date for adoption of the revised SAD 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 forthe use of Tukwila Pond as off-site mitigation. The Resolution also recognizes thatthe City Council is considering changes to the SAD that would make the proposed project possible. RECOMMENDATION Place the attached Resolution on the Council agenda for action on November 15, 2004. Attachments: October26, 2004 CAP Minutes 3 q:\J. C:PennY'.COW II-S.doc 0 a /:y: =i 1908 a City of Tuloin. Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE AN AGREEMENT WITH WIG PROPERTIES, LLC, FOR USE OF CITY -OWNED PROPERTY AT TUKWILA POND. WHEREAS, the City of Tukwila owns property identified by the attached Exhibit A and referred to hereafter as the "Tukwila Pond Property and j' 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 f 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 "JC Penny's Site" by Exhibit A; and WHEREAS, the Wig Properties proposed development site contains approximately 1.16 acres of wetland; and WHEREAS, Wig Properties has proposed that it mitigate the adverse impacts of developing these wetlands by enhancing wetlands at the Tukwila Pond Property at a ratio of 3 to 1; and WHEREAS, off -site mitigation of wetland 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 wetlands at 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 r improve the overall functions and values of wetlands and wildlife habitat on publicly- ;i owned property within a heavily urbanized area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: TukwilaPond 11/12/04 Page 1 of 2 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 Tukwila Pond Property for 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 Tukwila Pond Property for such mitigation shall be consistent with all applicable City of Tukwila ordinances and regulations, including the Tukwila Sensitive Areas Ordinance in force at the time of development approval. Section 3. Any agreement for use of the Tukwila Pond Property for such mitigation shall incorporate measures approved by the Director of the Department of Community Development to ensure the long -term ecological success of the mitigation program. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. Al"1 AUTHENTICATED: rf- y Jim Haggerton, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: Tukwila Pond 11/12/04 Page 2 of 2 Tukwila Pond Property Aerial Photo Declaration of Conservation Easement 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, Malcolm Neely, Steve Lancaster, Bob Giberson, Jim Morrow, Gail Labanara, Marty O'Brien, Tracy Galloway, Rhonda Berry, Paul Surek, Mayor Mullet, Lucy Lauterbach; Mon Wig, Leshya Wig, Richard Freiheit, Chad Armour-Penney's Development; Michelle Roedel,.Gretchen Muller-Backyard Wildlife Habitat 1. BackvardWildlife Fair Gretchen spoke of some of the benefits the fair has brought to Tukwila. Theeventbrings abroad 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.and Whidbey Island and they are part of the 3,000 people who have visited the fair in the past.. Over 47% of Washington residents enj oy 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..Watchable.Wildlife, for example, has state marketing and promotional programs as well as small business growth opportunities. School children are educated about wildlife. Tukwila received recognition from the State Senate for the fair. Michelle asked 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 hook up 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 therequest to the Council as part ofthe 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 SUDoort for BackvardWildlife Fair. 2.2005-2006 Human ServicesProe: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..ice from the agencies that have worked for us before. The result was that they recommended twenty nine agencies be. funded. The agencies ranged from support for self-sufficiency; positive family relationships; urgent basic needs; and information and referrals. They leave some contingency funds, which in2004 they used for rental assistance. Four programs are aimed at limited English speakers. Auorove recommendations for fundine:: send to COW for Council aDDroval. .~.' .3. Develooment ofJC Pennev's site The architect for the proposed new development at the 11\ old Penney's warehouse on SouthcenterParkway spoke about the developer Mon Wig. Mon Wig has 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 Tukwila pond. 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 developmentthere, as he's done in both Lakewood and Olympia. Theirplans 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 L16acres in Type Jwetlands 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 nativeplantings. MonWig expressed concern with the City Council approving the SAOchanges 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 Lancastersaid 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 theSAO in a timely manner, and discussed the possibility of needing an extraCouncil meeting to get through some of the tough issues in the SAO. Intent to proceed to lettinC SA() review done:infonnation. 4. BudletReview The Committee reviewed Evie's and Stacy's Human Services budget, and the Parks and Golf budgets. One concern was funding the Wildlife Habitat Fair. Alan said Tourism could fund a portion ofthe $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. . Prolress made on budeet review: reschedule. \>;Uommittee chair approval . -. C rJUNCIL AGENDA,. SYNOPSIS Initial IT NO. I iI '�1 Al I 1 Meeting Date Prepared by 1 Mayor's review 1 Council review 1 %Q f d og y* 1 11/08/04 BG J I 4 Q 1 /1h- if 1 .2r' k12,- H 1 1 1 0 1 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 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 Crate F &S Cmte Transportation Cmte 0 Utilities Crate Arts Comm. Parks Comm. Planning Comm. DATE: 11/2/04 RECOMMENDATIONS: SPONSOR /ADMIN. Reject all bids by resolution. COMMITF E 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 RECORD OF COUNCIL ACTION 11/08/04 Discussed at COW; consensus existed to forward to Regular Mtg. for action 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 1L liS1OI Resolution (final format) 'L' 4� •'i '0,-1:9":0 1i i a "Zii x h l i h City. of et WaSgt -.'`r R 1,01%! a �uonKo• OF HE CITY es UN T BID CITY COUNCIL G ALL S E CTII`Z T SOLUTI s�.rN�T °N, Ta��psTER r ARE LA,�' A LLEN PROJE O UB NIITT E D FO PROvE ENTS Foster 'Point Water an S S� p,Ilentown/ WATER' AN the were solicited for October S sealed bids Clerk on $REA Pro }ect; and loud by1e City ;1;- vexnents c S,ewex pro dread S bids were o pened �t of the water and sewer s aREA was set for the construction of for th 200 7 REASI a budget the bu d ge ted a e Pxo }ect; x e ents, an ive were atex and Sewer ImpxOV ern ALA, imp bids E ion of all en own Foster Pointw L OF THE CITY ©F of tkte AE UNCI c onstzu ction THE C I S A� :;;;rr R ES OLVE N 'TON, KEREB e to bud limitatio I A/ W A S�INGT ON, NOW, du K 200'1 ected TIdE CI aF TU Allbids axehexeby xe) `a_ CITY COUNCIL OF day of S BY exeof tbis PA SED Meeting th at a IZe ax M cil President ;jz c T AUN Z1CAp: Jim a0 g on, Coun A TTES -_6 tu, CS City Clerk E Can p Clerk:_ lane ROVO AS TO F EM B de d h e C Counc <r,., APP Passewitd by mbex: IZesolut pfEce of the City Attorney lentown 1111'2104 Pale 1 of 1 Re }ecting Al COUNCIL AGENDA SYNOPSIS ITEM No. O i Initials 4 2 �1 j •4 Meeting Date 1 Prepared by I Mayor's review I Council review 10 ;n 10/11/04 1 BF 1 rgoa :4 y 11/15/04 I BF t ho r l ITEM INFORMATION 1 CAS NUMBER: 04-140 !ORIGINAL AGENDA DATE: OCTOBER 11, 2004 AGENDA ITEM TITLE Sound Transit Lease Offer CATEGOR Discussion Motion Resolution Ordinance Bid Award Public 0 Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date �Itg w Mtg Date SPONSOR Council Mayor Adm DCD Finance Fire Legal P &R Police PW SPONSOR'S `'L` gound Transit has submitted a REVISED land lease offer to the City for their Central SUMMARY Link Light Rail Project. The lease is for the flat area of the Duwamish Riverbend Hill property for a construction staging area. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte 0 Arts Comm. X Parks Comm. Planning Comm. DATE: 9/15/04 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to enter into lease agreement with Sound Transit. COMMITTEE Same as Sponsor COST IMPACT FUND SOURCE' EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $233,800.00 Fund Source: Comments: The appropriation is revenue to the city for park development. MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 11/15/04 Memo from Bruce Fletcher dated 11/09/04 11/15/04 REVISED Sound Transit Lease Offer dated 11/02/04 Parks and Recreation Department Bruce Fletcher, Directo~ MEMORANDUM TO: Mayor Mullet Tukwila City Council .. . ,/1 0- Bruce Fletcher, Director of Parks and Recreation Lrt/\f Rhonda Berry, City Administrator November.9,2004 Sound Transit Land. Lease FROM: CC: DATE: SUBJECT: Sound Transit (ST) has resubmitted their land lease offer to the City of Tukwila for the Central Link light. rail project In review, the lease would be a construction staging area at the Duwamish . Riverbend Hill property (141,060 square feet of land). The lease offer totals $233,800.00 for 24-months with an option to extend the lease at the rate of $9,741.66 per month. A review appraiser (Anthony Gibbons, MAl, CRE) conducted an investigation of the lease value and land conditions. Our appraiser concluded that the Sound Transit lease offer was reasonable for fair market rent The appraiser did mention that if leasehold tax applies, then all taxes and fees should be the tenant's (ST) responsibility. SoundTransit was asked to make the following revisions to the lease agreement: . Reimburse the City cost of hiring an independent Real Estate Appraiser . Require a final termination date on the lease contract not to exceed 36 months. . Require Sound Transit to leave a dean site, which includes passing an environmental assessment at ST expense . Allow the City to approve all construction materials delivered to and stored at the staging area . Follow all applicable City rules and regulations on the property Sound Transit has agreed to the above revisions. It is the recommendation of the Parks and Recreation Department to authorize the Mayor to enter into the Sound Transit lease offer of $233,800.00 for 24-months and an option to extend the lease at a rate of $9,741.66 per month (not to exceed 36 months). -..-sOUND TRANSIT Link Segment: 750 R/W and Parcel Nos. TUK026.1 1023049057 Landlord: City ofTukwila Sht'ch cdih ;\'o\,(,lllhcl" 2. 2004 LEASE AGREEMENT I. Parties. This Lease, dated for reference purposes as of June , 2004, is be- tween the City of Tukwila ("Landlord"), and Central Puget Sound Regional Transit Authority, a regional transit authority organized under Washington law ("Tenant"). 2. Lease. Landlord hereby leases to Tenant, and Tenant hereby leases from Land- lord, the Premises hereinafterdescribed,subject to the tel111s, conditions, covenants, and condi- tions hereinafter set forth. 3. Premises. As used in this Lease, a reference to "Premises" is to the land legally described on Exhibit "A" attached hereto and incorporated by this reference, together with any improvements located on the Premises. 4. Term. 4.1 Initial Tel111. The tel111 of this Lease is two years. The lease shall com- mence upon initiation of Tenant's construction activities, but no sooner than March I, 2005 and shall remain in force for 24 months (the "Tel111"). Tenant shall provide fourteen (14) days written notice to the Landlord prior to commencement of the lease tel111. 4.2 ODtion to Extend. The Tenant shall have the option to extend the...lel111 of this Lease for aTI additional period of up to, 12 months on the same tel111s and conditions as this Lease, except forthepaymentofrent. .After theexercise of the option to extend, all references in this Lease to thetel111 shall be considered to mean the tel111 as extended, and all references to tel111ination or to the end of the tel111 shall be considered to mean the tel111ination or end of the tel111 as extended.L!l~' .J~'!.!lu.!!!~U~r.nDt!(\!~ ~ (.1...L~t~. Il~\"h ~lll 'J'~l. t':-.I.en~LLI1t'T erm of the L~H~~ h~:S()!l~L.H.~.lll~!ll!.bl!Jr~\.llLi\E!I:t'1} .L)J)5)~Jlllrl"~i'a.d(liJ i()llaL~'.,t~. Il" I '.'Ilt " J ..,-,.':e.!ll.l.1J II ;!I.b.. ;Igr~:~'( Lt(JJ2.Y IJld~~m.~~',,:!,..The Tenant's rightto exercise the option to extend is subject to the following condi- tions precedent: 4.2.1 The Lease shall be in effect at the time notice of exercise is given and on the :ast day of the prior tel111. 4.2.2 The Tenant shall not be in default under any material provision of this Lease at the time notice of exercise is given or at the time the renewal tel111 is to commence; pro- vided that a party shall not be deemed to be in default unless the other party has notified that party in writing ofthe claimed breach and the period provided by this Lease for curing such de- fault has expired. 4.2.3 compliance with the following procedure for exercising options: j Deleted: original I r D~I~~~~;~clditional year ) -1 r Deleted: Initial ( Deleted: p 4.2.3.1 At leastthirty (30) days before the last day of the initial term, the Tenant shall give the Landlord notice in writing irrevocably exercising the option. Such no- tice shall. include the period of time Jor which the Tenant is exercising the option (e.g.. one month, six weeks, the full one year). 5, Use. Beginning on the Lease Commencement Date, Tenant may use the Premises for the purpose of storage and staging of personnel, materials and equipment related to construc- tion of its rapid transit facilities to be located in the vicinity of the Premises, and for activities related thereto, but for no. other purpose without the prior written consent of Landlord, which Landlord may grantor deny, in Landlord's unfettered discretion. Tenant's use and occupancy of the Premises shall at all times be in full compliance with applicable laws and regulations:..Jllc:lI.,!I. Il)gj!QDlicable ('IIJ..!ygt.!hL(!I.\!.!~..and any cost of compliance shall be borne by Tenant. <....LDeleted~.sru~an~_n ~____ ) .... . f Deleted: pertaining to the property. l 6. Rent. 6.1 Initial Term. Prior to the lease commencement date, Tenant shall pay Landlord a sum of Two Hundred Thirty Three Thousand Eight Hundred Dollars ($233,800.00) as full rent for the initial term.. No additional base monthly or periodic rent shall be payable during the initialterm hereof'. .. 6.2 Extension Term. The rent for an extension term as to which the Tenant has validly exercised an extension option shall be the sum of Nine Thousand Seven Hundred Forty One &66/100 Dollars ($9,741.66) per month, prorated for the period of the extension exercised, payable on the first day of the extensionterm and on the first day of the calendar month thereafter..ln the event Tenant exercises its extension option for a period that includes a partial calendar month, rent shall be pro-rated for that partial month. 7. Removal oflmprovementsand Personal Property. Landlord shall remove all personal property located on the Premises before the Lease Commencement Date. In the event Landlord has not removed such personal property when Tenant takes possession of the Premises, Tenant shall have the right to remove and dispose of such personal property at Landlord's ex- pense. Landlord shall pay the cost of such removal to Tenant within thirty (30) days of receiving an invoice for such costs. 8. Taxes and Assessments. Landlord shall pay all real and personal property taxes, general arid special assessments, and other charges of every description levied on or assessed against the Premises, improvements located on the Premises, personal property located on or in the land or improvements, or the leasehold estate, to the full extent of installments falling due during the term of this Lease, except for personal property taxes chargeable against Tenant, which shall be the responsibility of the Tenant. 9. Hazardous Substances. Tenant shall not bring to or keep on the Premises, or suffer or permit others to do so, any substance which is regulated as being dangerous, toxic, haz- ardous, or harmful to persons or to the environment by any federal, state or local law or regula- tion, except in strictest compliance with all laws and regulations governing the storage, handling and transportation thereof, and Tenant shall in no event release or permit others to release on the Page 2 Premises any such substances. Tenant , shall be liable to Landlord, and shall defend, indemnify and hold Landlord and Landlord's successors in interest harmless from any loss, damage, cost or expense incurred on account of Tenant's breach of these duties to include, without limitation, li- ability for inspection costs, cleanup costs, engineers' and consultants' fees, civil or criminal fines, damages or penalties, and attorneys. fees incurred in connection therewith or in enforcing this indemnity. 10. Default; Remedies. 10.1 Tenant's Default. Each of the following events shan be a default by Ten- ant and a breach of this Lease: 10.1.1 Abandonment or surrender of the Premises or of the leasehold es- tate, orfailure orrefusal to pay when due any installment of rent or any other sum required by this Lease to be paid by Tenant, or to perform as required or conditioned by any other covenant or condition of this Lease. Failure to occupy the Premises shan not be deemed abandonment or surrender. 10. 1.2 Fai1ure by Tenant to perform. any obligation hereunder to Landlord as and when due. 10.2 Notice and Rightto Cure. As a precondition to pursuing any remedy for an alleged default by Tenant, (the word "default" to include breach), Landlord shan, before pur- suing any remedy, give written notice of default to Tenant stating that the notice was for the pur- pose of notice. under this provision.' . Each notice of default shall specify in detail the alleged event of default and the intended remedy. Tenant shall have ten (10) days ITom receipt of such notice to cure the alleged default before Landlord pursues any remedy therefor; provided, that if the default specified is of a nature that cannot reasonably be cured within ten days, then Tenant shan not be in default if Tenant commences a cure within such ten-day period and diligently prosecutes the cure to completion. 10.3 Landlord's Remedies. If any default by Tenant shan continue uncured fol- lowing written notice of default as required by this Lease and the expiration of the period al- lowed for cure, Landlord m;ay, in addition to any remedies available to Landlord at law, termi- nate Tenant's rights under this Lease by giving Tenant notice of termination. Promptly after no- tice of termination, Tenant shan surrender and vacate the Premises in the condition required at the expiration of the Lease term, and Landlord may reenter and take possession of the Premises and eject all or any parties in possession. Termination under this paragraph shan not relieve Tenant from the payment of any sum then due to Landlord or from any claim for damages previ- ously accrued or then accruing against Tenant. 11. Insurance. Tenant shall pay for, keep in force and maintain at an times during the Lease term, public liability insurance and property damage insurance with combined limits of $2,000,000.00 (Two Million Dollars), naming Landlord as additional insured, and Tenant wi\1 furnish Landlordwith a certificate of such insurance. Page 3 Tenant, its successors or. assigns, will protect, indemnify and hold hannless Landlord, their au- thorized agents and employees from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of Tenant, its assigns, agents, contractors, licen- sees, invitees, employees, or any person whomsoever, arising out of or in connection with any acts or activities authorized by this Lease. Tenant further agrees to defend Landlord, their agents or employees in any claim or litigation, including payment of any costs or attorneys' fees for any claims or action commenced, arising out of, or in connection with, acts or activities authorized by this Lease, whether those claims, actions, costs, damages or expenses result from acts or activities occurring on or off the Prem- ises. 12. Miscellaneous Provisions. 12.1 Waiver. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. 12.2 Attornevs' Fees. I[either party brings any action or proceeding to enforce, protect or establish any right or remedy under this Lease, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees and related costs incurred therein, or in preparing therefor, or in any appeal therefrom. 12.3 Notices. 12.3.1 As used in this Lease, notice includes but is not limited to the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, and appointment. No notice of the exercise of any option or election is required unless the provision giving the election or option expressly requires notice. Rent shall be sent in the manner provided for giving notice. 12.3.2 All notices must be in writing. 12.3.3 Notice is considered given either (a) when delivered in person to the recipient named or (b) three days after being deposited in the United States mail in a sealed envelope, certified mail, return receipt requested, postage prepaid, addressed by name and ad- dress to the party or person intended as follows: To Landlord: Attn: Bruce Fletcher, Director Tukwila Parks.and Recreation Department 12424 42ndAvenue S. Tukwila, W A 98168 Page 4 To Tenant: Sound Transit with acopy to: 401 S. Jackson Street Seattle, WA 98104 Attn: Real Estate Department Jennifer Belk Legal Counsel Sound Transit 40 I S. Jackson Street Seattle, W A 98104 12.3.4 Either party may, by notice given at any time or from time to time, require subsequent notices to be given in the manner set forth above to another individual person, whether a party or an officer ,or n:presentative, or to a different address, or both. , 12.4 ~at)tions.The captions of the various articles and paragraphs cifthis Lease are for convenience and ease of reference only and do not define, limit, augment, or describe the scope, content, or intent of this Lease or of any part or parts ofthis Lease. 12.5 Entire Agreement. ThisLease, together with the Residential Lease and the Stipu- lation contain the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Lease, the Residential Lease or the Stipulation has been or is relied on by either party. 12.6 Severabilitv. The invalidity or illegality of any provision shall not affect the re- mainder of the Lease. 12.7 Successors. The covenants and conditions of this Lease shall be binding on and shall inure to the benefit of the heirs, successors, executors, administrators, assigns, and personal representatives .ofthe respective parties. 12.8. Countemarts. This Lease may be executed in two or more counterparts, each of which shall be an original, but all of which shal1 constitute one and the same instrument. Dated as of the day and year first above written. ___________L~,_I!__ J~ f.~~~:U(.!.JJUIAr~'JI,__J:! t v .J.~tJj.;_;:;HtLT a l1~j_~_I)ltJl_ll~'l:rS_~.I!;,tJLh~J)f!'11i tt~'~L ;1.;:s;~:S~J(: 1!1_r_::lJiU:~TI,'_{: _ that is not included within the Premises subiect to this Lease,dlll:nlg Ih,:,__":llllr~ I';IJII_~!.L_U]is Jn~~.PROVIDE[) THAT. (:.i_~~;.,t_;UL alld!i~r \ 1_)I~III,ll:\T'; ,...I_;;IJi_II~)!,_Ac\:~',,-o; !b_I:_~:Ll!lI Area" thnllll.!.h thrPrcmises.\\lthoutorior. II mIL'1I l"OIl"t'llt 1>ltlll'1 cnam. Page 5 ,-, ---'----------------~~ Deleted: 1 ,I > .... ! _1)~1E!ted:-!____=_J ~e!eted~ ~ot covered by this 1~__..-J i~~leted: t- - - J - - r - _1 ,.~Iete<f: . ~~: ~. "~_.., covered by this Lease 1 'I Dei~: the- ----------l -----.--"-- ---------.. Inserted: the written .:onsent of the i Tenant ) '[ Deleted: .1 : Inserted: property covered by this Lease except with .,..,-'--,'."0':""-...---------,.._ _ ~._-- -.------! : Inserted: . __.--I .-.-----_.------- Tenant: Umdlord: Bruce Fletcher Central Puget Sound Regional.Transit Authority, a regional transit authority organized under Washington law By: Agnes Govem Its: Chief Administrative Officer City of TukwiIa Cascade Land Conservancy Concurrence Whereas the Cascade Land Conservancy is the "Grantee" of a "Grant of Penn anent Access and Stewardship Easement" dated March 10, 2004 and whereas such agreement assigns "Steward- ship" rights tothe Grantee; Cascade Land Conservancy hereby concurs with this lease. Michelle Connor SOUND TRANSIT APPROVED AS TO FORM By: Name: Title: Sound Transit Legal Counsel Date: Page 6 STATE OF WASHINGTON ) ) ~ COUNTY OF KING ) On this day of , 2003, before me, the undersigned notary public in and for the State of Washington, duly commissioned and sworn, personal1y appeared Agnes Govern, to me known to be the Chief Administrative Of- ficer of Central Puget Sound Regional Transit Authority, a regional transit authority organized under Washington law, the authority that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said authority, for the uses and pur- poses therein mentioned, and ()noath stated that he/she was duly authorized to execute the same. WITNESS my hand and official seal hereto the day and year in this Certificate first above written. Signature: Notary Public in and for the State of Washington Notary (print name) Residing at My appointment expires: STATE OF WASHINGTON ) ) ~ COUNTY OF KING ) I certify that I know or have satisfactory evidence that BruceFletcher signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Signature: Notary Public in and for the State of Washington Notary (print name) Residing at My appointment expires: Page 7 COUNCIL AGENDA SIWOPSIS p J2'' Initials ITEM NO. kt G) MeetiiR Date Prepared by i Mayors review I Council review kaet 'Asa, 1 10/11/04 1 R. Fox 1 r} 1;p 1 10/18/04 1 R. Fox 1 1 fie isos 11/08/04 1 R.Fox 1 1 c, 11/15/04 1 R.Fox\ 1 I lr 1 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 121 Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mts Date 10/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 10/4 Mtg Date 8/2,8/23 SPONSOR Counczl Mayor Adm Svcs DCD Finance Fire Legal P&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/ADMIN. COM'MIT1'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 /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 11/8/04 Memo re Council comments /edits 11/15/04 Memo with attachment *New "ordinance" notebooks distributed separately. Please bring to meeting City...of..l'ukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director To: From: Subject: Date: TukwilaCityCouncil Ja. ckPace., De.partm.en. t of COnununity Developmen~ Draft Comprehensive Plan Amendment Ordinances \) November 10, 2004 At your meeting on November 15, we will review and finalize three draft ordinances. The ordinances are printed on lavender paper. They are placed in a new notebook, which you will receive separately in your boxes. The draft ordinances are as follows: 1) Zoning change and Concomitant..Agreement with the Sabey Companv · To assist you in Y9ur deliberation of the Sabey Concomitant Agreement, the "raw" transcript of discussion from your meeting on October 11, 2004 is attached to this memo. · The City Attomey has added Condition C to the Concomitant Agreement to clarify intent. . 2) Comprehensive Plan Dolicv amendments both relating to the Growth Management act and to the annual amendments: and · The tabbed attachments A through M.show all the Comprehensive Plan policy changes that have been recommended both by the City Council and the Planning Commission in the underline/strikethrough format. 3) Tukwila Municipal Code Chapter 18.80 to permit Comprehensive Plan amendments in "emergencv" situations. Please bring your new "ordinance" notebook to the meeting on November 15. You will not need to bring your large Comprehensive Plan notebook to the meeting. Once the ordinances and attachments are finalized, they will be scheduled for adoption on November 22, 2004. OJVV .)oucncem;er 1Joutevi:1tCl,.':>uue fflVU" LUKWllCl,VViil>lllTlgwn YOUJ(j .. rnone: ~UU-4Jl-JO/V .. rax: ~UO-4jl-3oo:) October 11 , 2004 . Deliberations- Sabey Corporation's reauest for rezone. Minnie Dennis Joan Carter Steve Carter THESE ARE RAW NOTES - NOT A VERBATIM TRANSCRIPT Option #4 is what staff recommended. I'm againstchanging anything. I'm for going with the Planning Commission recommendation. Two things drive the decision. One is, from the applicant, I heard nothing that said we have to do this. We can't build the building. We can't occupy the building. We can't use the facility. I heard nothing as an overwhelming need. It's just20 additional parking spaces in a spot. The 2nd thing, the (aerial) picture does it. Without a significant reason to do something that would potentially harm developing the LOR, I'm personally reluctant to do that. I'mkinda leaning toward allowing C/LI but with conditions that would address the residents' concerns. Most comments addressed better buffers. If we grant the request, but require a higher barrier of buffer, I'd beinfavorofthe rezone request. I'm. unclear on. whether we can do that. I heard staff say we cannot doa conditional permit. There's a fine line and it gets pretty technical. A conditional rezone is saying we will do this if a private property owner will do that. In 1996 or 1997, the State legislature adopted a new mechanism that allows you to enter into a development agreement. You can do a developers agreement that would allow you to accomplish basically the same..thing. When we approved the conditional use permit for this building being constructed, it bothered me it was on property with several different designations. We tried to make our zoning lines not split properties. Here you have all of these small areas with different zones. It makes sense to be 'zoned the same. Now that the parking lotis in, it relates to the highway. It doesn't relate to the residential. There is no access to 34th. (aftercomments from Steve Lancaster) Fastforward years from now, that building is old, it's going to be taken down and somebody else wants tocome in with something that is allowed in the zone, whichever zone we decide that is. Would there be any restrictions? 1 Steve Carter Steve Carter Linder Dave Dennis Steve Dennis Steve Dennis Steve Dennis No. Therewouldbe no specific restrictions if they came in for another kind of permit. Justa$traight permit - will they have to do design review Yes ,that's. rig ht. Since we're not talking about putting in a parking lot, because there already is a road through there, I wouldn't mind asking that the fencing orbarrierbe extended. I think there would be more protection by doing the MIC staff recommendation. Now that the property has been developed, it's more valuable. I don't think heavy industrial uses would be sited on the property that now has greater value. If we ask for a developer's agreement, I would ask for no access on 34th and I would want larger trees put in now for buffer on the South,instead ofa wall. or a fence. I definitely want it to be all. one zone. Notmixed. I, too, would choose option 4. It's a bit more restrictive. (MIC). I thinkthe developer has proven to me and others that since he's come to Tukwila, that he wants to improve the look of the City. Walking the property made me realize this is a no-brainer. Will the Developer's Agreement carry with the land? Yes. 50 that no access onto 34th is there til the City rezones or agrees to change the developer's agreement? That's correct. With one caveat. That is that the developer's agreement only goes into effect if the property signs as well. Could we also.add. one that says.no other use besides parking spots? We could do that. So thattakescare of the issue of whether its MIC or C/LI. I'm not saying it shouldn't all. be one, but with that caveat, no other use besides parking would be aUowed. 2 Dennis Steve Linder Dennis Carter. Dennis Carter Joe Dave Jim Dave Jim Joe Joan Fencediscussions followed - temporary versus permanent; lights; streetlights; trees; I would make a request on the developer's agreement. After speaking with Shelley Kerslake, she implied very strongly that these kinds of agreements do nottravel with the land, or some phrase like that;ifthe property is sold, they don't necessarily carry oVer. So, I would really like to see something from the City Attorney saying that is true. I hope it is. We cangetthat for you. My understanding is that they can run with the land if so specifically stated within the agreement that it runs with the land and is binding upon successors. I'm pretty sure about this and will confirm with .the City Attorney. I still would recommend it beMIC/L. On the odd chance the developer's.agreement doesn't go with it, you still have the protectionof the 20,OOO(inaudible) office. At least when we have an owner, they probably would offer to put larger trees in. And, the otherthing is that it should be a limited use for parking only. No. Why? We have the right to disagree with you. Statements about lights - shining into homes - lets just remove 'em all and forget about it. Jim, can we get a consensus on this? It's 10 o'clock already. We need to.find an option here, I think, is all we need to do. OK I think we have a consensus on the change (MIC vs. MIC/L) but I'll go around again. Joe. Change from LOR to MIC/L? I don't care. Yes, yes, yes. It would be preferable to have it zoned all the same, so I agree to MIC/L.I agree to the stipulation of no access on 34th. And, I agree 3 Jim Carter Linder ? Linder Jim Dennis Dave Jim Many Joe - Jim Steve tcthelargerbuffer for trees and landscaping, but I would still like to see a higher retaining wall. I would also like to have the stipulation thatit'sn9other use than a parking lot because that's evidently what it's needed for and I think that's fine. I don't know if I would wanttohave to justify to the residents that we allowed another building to be built there. I've already stated mine. The trees and the access are the only two I'm interested in and the numberfour(inaudible) Lagreewith that. The lease for Homeland Security is for 10 years. Is that correct? Yes. Can they renew it after 1 0 years? Well, my guess is that's what's gonna happen. So, we have a minimum of 10 years that that's the same parking lot. Because they're not going to put an office on there while it's Homeland Security. My opinion is that you can't guarantee anything years on down the road - on this, or any other project. No more. I agree with my colleagues. MIC/L. Make that change. And, the trees and no access. So does option 4 sound like what the consensus is leaning towards? Yes. Yeah. Uh-huh. You want the landowners to put in bigger trees. I don't agree with that myself. Take my vote hdW you want. I dunno. Alright. So, Steve, where do we go from there, on that issue? I just want to clarify. I understand that it's option 4 (MIC/L) with two provisions. . One is no access onto 34th and larger trees and buffers. There is no consensus on the "only parking" or "increased barrier wall on thesouth." Do I have that right. 4 Many Joe Steve Dave Steve Jim Steve Jim Steve Jim You havethatright. That is correct. Yes. Uh-huh? Let's run through that one more time. OK. We'll COrne back to you too. But my understanding is a proposal to change the zoning to MIC/L. To enter into an agreement that would prohibit access to 34th Street and that would require larger trees on the buffer, on the south. That's correct. That'swhat I heard. OK. I think you have the consensus of Council. So, what's the nextstep, getting back to my question. We'll draw up the proposal on this proposed agreement that would then comeback to you when you make your final decision. We'll bring it back to you as soon as it's drafted to ensure you have it to take a lookatit. You can tuck it away in your notebook until it's considered in the end. Would the agreement with the applicant come forward to the Council also? Yes. OK..Soundsgood..next item... 5 «;a. C O U.NCI.L AGENDA Svrvosis I O f \-z. Initials ITEm No. 4 V )9, Meeting Date Prepared by Mayor's review 1 Cou,tcil review 1 1 11/01/04 I LL bb for LL I A I ji.: I I ,�-e-- 1`- rso I 11/9/614- 1 LA, I ,it I ��w 1' /fri a. ITEM INFORMATION CAS NUMBER: 04-149 'ORIGINAL AGENDA DATE: 10/ 25/04 AGENDA ITEM TITLE Review of 2005 Budget and 2005 -2010 CIP CATEGORY El 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 Svas DCD Finance Fire Legal P El Police P11" SPONSOR'S SUMMARY Review of proposed budget and /or CIP (referto attached memo for specific items to be reviewed this week). REVIEWED BY COW Mtg. (10 -25) CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: MENDATI NS• SPONSOR /ADMIN. Review budgets COMMITTEE Two committees have started their budget reviews COSTIMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE 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 I Continued review and discussion. 11/8/04 Continued review and duscussion. 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. I 11/8/04 Memorandum to Council from Lauterbach /Doerschel dated November 3, 2004_ 11/15/04 Memorandum to Council from Lauterbach /Doerschel dated November 15, 2004 1 To: City Council From: Lucy Lauterbach Alan Doerschel Date: November 15,2004 Subject: Continued Review of 2005 Bud~et The remaining budgets you have to review in the next three meetings are listed below. The longest task may be the CIP, which you'll review on Tuesday, November 16 at 6:30. Mondav.November 15 Administrative Services City Clerk Information Services Fire Department Foster Golf Self Insured Medical Fireman's Pension Tuesdav. November16 Entire CIP Book If there is time to dobudgets: Public Works Residential Streets Bridges and Streets Water Sewer Water/Sewer Construct Utility Bond & Reserve Surface Water pp.46-47 pp. 48-49 pp.50-51 pp.97..113 pp.164-166 pp. 176-177 p.178 Mondav. November 22 Planning Commission p. 36 DCD pp.71-79 (If not finished N ov 16th, the Public Works budgets shown under November 16th after CIP review) pp.119-133 pp. 138-139 pp. 140-142 pp. 155-157 pp. 158-159 pp. 160-161 pp. 162-163 pp. 168-171