Loading...
HomeMy WebLinkAboutReg 2005-04-04 COMPLETE AGENDA PACKET Tukwila Cit y Agenda Council RE MEETING k L VAS Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez Rhonda Berry, City Administrator 1908 Pam Carter Jim Haggerton Pamela Linder, Council President Dennis Robertson Dave Fenton Monday, April 4, 2005; 7 PM Ord #2084 Res #1572 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. APPOINT a. Confirmation of Mayor's appointment of David Haynes to position of MENTS Police Chief. b. Appointments to boards and commissions: Pg 7 Equity Diversity Commission Nancy Damon, Pos. #6 (Business); term expires 7/31/06 Community Oriented Policing Citizens Advisory Board Anne -Marie Colton, Pos. #1; term expires 3/31/09 (reappointment) Donna West, Pos. #6 (Business); term expires 3/31/06 (fills unexpired term) Dan Roche, Pos. #8 (School District); term expires 3/31/06 (fills unexpired term) Tsega Gaim, Pos. #9 (High School, student body appointment) Parks Commission Joanne McManus, Pos. #3 (Resident); term expires 3/31/08 3. CITIZEN At this time, you are invited to comment on items not included on this COMMENT agenda. To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. CONSENT a. Approval of Minutes: 3/7/05 (Regular). AGENDA b. Approval of Vouchers. c. Accept as complete the Tukwila International Boulevard Phase I Pg .15 Construction Project with R.W. Scott Construction Company; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project: $7,441,359.59). d. Acceptance of turnover documents: Pg. 21 1) Storm drainage system within 45th Avenue South right -of -way as part of the development known as the Doak Homes, Inc., single family homes development (value of transferred assets from the developer to the City is $22,521.00). 2) Storm drainage facilities, water meter service lines, sanitary sewer system and street portion within Macadam Road South /South 149th Street right -of -way and within a public easement as part of the development known as the Junction West -4 Lot Short Plat (value of transferred assets from the developer to the City is $16,250.00). (Continued) City Council Regular Meeting April 4, 2005 Page 2 5. BID AWARD a. Award a contract to Frank Coluccio Construction Company in the Pg .33 amount of $1,566,424.00 for the Strander Boulevard Stormwater Pump (Refer to Station #17 Road and Drainage Improvement project. 3/28/05 COW b. Award a contract for the Cascade View Improvement project to SCI Pg .35 packet for items Infrastructure, LLC, in the amount of $3,962,500.00 for the Base Bid a, b and c.) and $76,704.00 for Additive Item #2, for a total contract amount of $4,039,204.00. c. Award a contract for the South 144th Street Phase I Improvement Pg.37 project (TIB to Military Road) to Rodarte Construction, Inc., in the amount of $1,810,600.00 for the Base Bid and $29,865.60 for the Additive Item, for a total contract amount of $1,840,465.60. 6. PUBLIC a. Request for seven street vacations required to accommodate Sound Pg .39 HEARINGS Transit Link Light Rail South Corridor rail lines. b. Development agreement between Pacific Commercial Properties and Pg .63 the City of Tukwila for the development of a multi family condominium project within the Transit Oriented Development (TOD) area of the Tukwila Urban Center (TUC), and commonly known as "Tukwila Station." 7. UNFINISHED a. Authorize Mayor to sign a development agreement with Pacific (Pg .63) BUSINESS Commercial Properties for the development of a multi- family condominium project commonly known as "Tukwila Station" (see item 6b above). b. An ordinance adopting revised regulations governing multi family Pg.73 housing in the Tukwila Urban Center to allow transit- oriented development in proximity to the Sounder Commuter Rail /Amtrak Station. c. An ordinance adding an exemption provision to the six -month Pg 83 moratorium on acceptance of applications for certain land divisions and development activities and land uses within the area designated for transit- oriented development around the temporary commuter rail /Amtrak station at Longacres. d. Authorize Mayor to sign the Tukwila Station Property Exchange Pg.89 Agreement between the City of Tukwila and Pacific Commercial Properties. e. Authorize Mayor to sign an Interlocal Agreement with the City of Pg .101 Seattle for hearing examiner services (refer to 3/28/05 COW packet). f. Authorize Mayor to sign supplemental agreements to Contract No. Pg .103 03 -146 with Penhallegon Associates, Inc. (PACE) for the Strander Boulevard Pipe Replacement project as follows: 1) Supplemental Agreement No. 1 in the amount of $204,386.00 for construction management and inspection services; and 2) Supplemental Agreement No. 2 in the amount of $18,425.00 for additional permit related design modifications. (Continued) City Council Regular Meeting April 4, 2005 Page 3 7. UNFINISHED g. Authorize Mayor to sign two Interlocal Agreements (one each) with Pg.109 BUSINESS Water District 125 and Val Vue Sewer District in order to construct (Continued) utility upgrades as part of the Cascade View Drainage Improvement project. (Refer to h. Authorize Mayor to sign Supplemental Agreement #1 to Contract No. Pg .111 3/28/05 COW 03 -148 with KPG, Inc., in the amount of $49,923.60 for construction packet for items management services for the Cascade View Drainage Improvement g, h, i, j and k.) project. i. Motion authorizing the reprioritization of two projects listed in the Pg.113 2005 Capital Improvement Program (CIP) as follows: delay the Southcenter Boulevard Water Main Replacement project until 2007, and fund the Southcenter Parkway Water Upgrade project in 2005. j. Authorize Mayor to sign a contract with HNTB Corporation in the Pg.115 amount of $1,168,322.00 for engineering design services for the Klickitat/ Southcenter Parkway Improvement project. k. Authorize Mayor to sign Supplemental Agreement No. 2 to Contract Pg.117 No. 02 -036 with KPG, Inc., in the amount of $273,700.00 for construction management services relative to the S. 144th Street Improvement Project Phase I. 8. NEW Motion to approve an application for the 2005 Edward Byrne Memorial Pg .119 BUSINESS Justice Assistance Grant. 9. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 10. MISCELLANEOUS 11. EXECUTIVE SESSION 12. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 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. Go UNCIL AGENDA SYNOPSIS ,J i ;4 4/ 4..i y Initials ITEM No. Q 41� •i Meeting Date I Prepared by I Mayr's retiezo I yeuew 10, 04/04/05 1 so 1 L— ITEM INFORMATION CAS NUMBER 05-055 ORIGINAL AGENDA DATE: APRIL 4, 2005 AGENDA ITEM TITLE Appointments /reappointments to Equity Diversity Commission, Community Police Advisory Board and Parks Commission CATEGORY Discussion Motion Resolution Ordinance Bid A wzrd Public Hearing lgj Other MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate 4 °4 C 5 SPONSOR Council Mayer A dm Sus DCD Finance Fire Legal P& R Police PW SPONSOR'S Equity Diversity Commission: Position 6 Nancy Damon term expire 7/31/2006. SUMMARY Community Police Advisory Board: Pos #1 (reappt) Anne -Marie Colton term expire 3/31/2009; Pos #6 Donna West term expire 3/31/2006; Pos #8 Dan Roche term expire 3/31/2006; Position #9 student rep Tsega Gaim (intro only) Parks Commission Position #3 (reappt) Joanne McManus term exp 3/31/ 2008. REVIEWED BY El COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DALE: RE COMMENDATIONS: SPONSOR/ADMIN. Confirm appointments and reappointments COMMI I E COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/4/2005 MTG. DATE ATTACHMENTS 4/4/2005 1 Memo from Mayor to Council dated March 16, 2005. City of Tukwila 6200 Southcenter Boulevard. Tukwila, Washington 98188 Steven M. Mullet, Mayor To: From: Re: City Council Mayor Mullet ~ Appointments/Reappointments to Equity & Diversity Commission, Community Police Advisory Board and Parks Commission March 16, 2005 Date: I am pleased to forward you the following applications: Equity & Diversity Commission: Position #6 (Business Rep): Attached is the application of Nancy Damon. Ms. Damon has applied to fill the current vacancy in the unexpired term of Position #6. She will represent the Business community through her role as President/CEO of the SW King County Chamber of Commerce. The. term for this position expires July 31, 2006. Community Police Advisory Board: Position #1 (Resident): The term for this position expires March 31, 2005. Ms. Anne-Marie Colton would like to continue in this role. Her new term will expire March 31, 2009. Position #6 (Business): Attached is the application of Donna West. Ms. West has applied to fill the vacancy in the unexpired term of Position #6. She and her husband own and operate a business in Tukwila. The term for this position expires March 31, 2006. Position # 8 (School District): Attached is the application of Dan Roche. Mr. Roche is the Principal of Cascade View Elementary School. He has applied to fill the vacancy in the currently unexpired term of Position #8. The term for this position expires March 31, 2006. Position #9 (High School): Ms. Tsega Gaim has been appointed by the School District to fill the current student position on the Board. This appointment does not require City Council approval, and is added here for informational purposes only. Parks Commission: Position #3 (Resident): The term for this position expires March 31, 2005. Ms. Joanne McManus would like to continue in this role. Her new term will expire on March 31, 2008. Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us Memo re: Boards & Commissions March 16, 2005 Page 2 Unless I hear otherwise from members of the Council, I will be inviting these citizens to the Regular City Council Meeting on Monday, April 4, 2005 to have these appointments confrrmed. Thank you. Iso encl. cf: Jane Cantu Lucy Lauterbach David Haynes Bruce Fletcher Cit 0 Tllkwil{l APPLICATION FOR APPOIN I HECEIVfjjJ MAR V 2005 / i IL i ~ Type or print clearly and return completed form to: Office of the IHayor; 6200 Southcenter Blvd; Tukwila W A 98188 I \vish to be considered for appointment to the following board or commission: DArts Conm1ission 0 Lodging Tax Advisory Committee o Park Commission /'Vi 1="fll1;h- ':\nrl D;~!prs;h' rr'\mm;C'C';r'\1"\ La! .......,'1""""...."'.... ".&.J.\".6. 1. Y\r'J. it,} '-Vl1U1U...J""~Vl.1 U Human Services Board o Planning Commission o Civil Service COffilnission 0 Library Advisory Board 0 Sister City Committee D Community-Oriented Policing Citizens Advisory Board (COPCAB) 0 Other: Name: N~V\(..(A ~rv"\O h ~ Date: 3/r:a/o5 . } .\. mJ t--X; ~ J) I Address:. exem-r-r urdef- PU-t:2l.tC Jdi.s(l)L150..~drr ~ pt<..eA- Phone~ Day': . Nig~t:. _ Email: . . Please check all that apply to you \vithin the Tukwila City limits: rsl Resident o School District Representative ~ Business Owner/wIanager 0 High School Student Available to attend meetings: [iJ Evenings ~ Daytime Present emp loyer/occupation (ifretired, please indicate fonner occupation): 5w ~I~ Coli 1'\ +J c:.ha i'>'\ Ioe.v'" - ?~sw.n1"'/c..~ Phone: Occupational histQrylbackgroulld: I\l() n-y; ~ ~ \ 1- rMV\.o.~......v\'1 J ~ .!jY""'f!!J Professional/comn1lmity activities (orgs.~ clubs, service groups, etc.): · t · ..~G\~y...... So\.A-TV\ ~ ~Y" ~y- ExCt..1 ~u . 7"'~ "Pre. 9.\ ~+ Hobbies/interests: ~\n5 Qualifications related to this position: If you have previously served on one of the above boards/commissions, please provide details: Nolo... I Describe why yo.u are interested in serving on this board/commission/committee: ~ ~AI\+ tou~ 5~ c.oM""lJIn\-\-~ ~Y'C?\...\,h '1;-~ C.hamb..trl Signature~ "II(~..r><. ./ Date: ~'O! Dr;; iVole: Upon submission, all information 011 thisfarm becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call the lUayor's office at 206--133-1850. .-\ppli.;ation for .-\ppointm.:nt 6: 13'03 b ~L/ll/L~~~ 11:Ll L~bLq:,djq~'j ~UUIHIUWNt. PAGt:. ~l ~-; . '. Type or print clearly a.nd return completed form to: Office of the Mayor; 6200 Sou.thcenter Blvd; Tukwila W A 98188 J wish to be considered for appoiot:ment to the following board or commission: o Arts Commission 0 Lodging Tax Advisory Committee 0 Park Commission o Equity and Diversity Commission 0 Human Sei"iccs Board 0 Planning Commission o Civil Service Commission 0 Library Advisory Board 0 Sjster City Committee .8 Community-Oriented Policing Citizens Advisory BOllrd (COPCAB) 0 Other: Name; 2)OI1l,z/~ u.J.6.S~ Date; ~,//,~ , Address;, ePffipi l~ fUbLiC' nl.N' JJJ$L~M) ~e~~kkivl J Phone, Day: ~ ~_ lightc: _ Email:; _ -L Please check all that apply to you within the TukwiJa City limits: o School District Rcprestntacive 1il Busmess Owner/Managcr AvaiJabJe to attend meetings: 0 Evenings 0 Daytime Present employer/occupation (if retired, please in .cate former occupation): o Resident o High School Srudent if you have previously served on one Qf the above boards/commissions, please provide details: D",e~ /( ~05' Note: Upon submi-ssio", all information on this fornt be.comes public record For further clarification regarding Ihir application or more informalioll regarding the boards or commi.Jsion3, please call the Mayor's office at 206-433-1850. Application for Appointment 6/20/03 .~Jo ::/' 02-08-' 05 16: 37 ~~ FROM-Tukwila PD Admin 2064337197 T-036 P002/004 F-083 .. Q!y of Tukwila APPLICATION FOR APPOINTMENT 02-10-0517:'11 F I L E tII Type or print c1e3rly and return completed form to: Office of the ~Iayor; 6200 Southcenter Blvd; Tukwila '\V A 98188 1 wish to be considered for appointment to the fonawing board or commission; o Arts Commission 0 Lodging Tax Advisory Comrnitt~e 0 Park Commission o Equity and Diversity Commission 0 Human Services Board 0 Planning Commission ,&ivil Service Commission 0 Library Advisory Board 0 Sister City Committee J29' community-9Rf. ntcd Po~ng__Citizens AdViSO.ry Board (COPCAB) _ 0 o~er: . _. Name: " J IJ /-1 M ~ h ..t.- _ _ ._ Date: A -' 7 0 <' Address'. .' -exdn---Pt llydey '/fj}O{l'c dL4d.{lli~dC ~liJjQIU Phone} ~lJ!:; _ Night: / _ Email: _' '_ -.- # t{ Please check aU that apply to you within th~ Tukwila City limits: B School District Representative 0 Business Owner/Manager Available to attend meetings: ~ Ev~nings .BJ Daytime Present employer/occupation (if retired, please indicate former occupation): 129 R~sident o High School Student r Occupational history/background: Professional/community activities (orgs" clubs# service groups, etc.): Hobbies/interests; C.~l(; 11/&7 / ~untF) If you have previously served on One of the abovo boards/commissions, please provide details: " I~'/! \.~/\ Signature: Date: &~ 1.1 ~!>J .Note.: Upon submission, all information. on this form becomes public re.cord. Fot further clarification regarding this (lpplication or more information regarding the boards or commissions, please call the Mayor's office at 106-433-1850. Apptic~rion for Appointment 6120/03 Mar 01 05 Uc:01p ~L-l"(-' \1~ lb:41 Foster High School FROM-Tukwila PD Admin 2064337197 (206)901-7907 p.2 T-040 P002/007 F-094 . ~ Typ~ or prine clearly and r~rom compl~~d form to: Office of the Mayor; 6200 Southcenter Blvd; TukwUa W A 98188 I wis-h 10 be considered for appoinrment to the following board 0; corrunissJon: DAns Commission 0 Lodging Tax Advisory Committee 0 Park Conunission o E.quity and Diversity Commission 0 Hum:m ScrV'iccs Board 0 Planning Commission o Civ.il S~(Vic~ Commission 0 Library Advisory Board 0 Sjst~r City Committee '~CommunitY-Orien~~d Policing Citizens Advi:iory;.Board (COPCAB) 0 Ot~cr: . Name: ~a tJtUm ._._ Dale:feb~ Address fXl-mpt l/..rdey.~i.IaIJ. rJ ri uL.f!!lWjy;2-g,~ jPI/?fa.fiVc-- Phone, Day: / _ ' L ~ight: _ E-mail: _ ' '- .. v - Pkasc chtck all thaI apply [0 you within the Tukwila City limits: 0 Rc:side;nt o School District Representativt 0 Business Own~r/Manager ~igh School Sru<knt Availabl~ [0 atlend meetings: Oi.Ev~l'\ings 0 Daj'(jm~_ · - ~ tl A' Pr scnt crpplo)'cr/occ~p~lion ifr~tir-d, p)e_~Syj~iCIS fonner occupation): ~J.e.j)( - 'LLi/~~ mr '\ JiAttlm Phone, Occupational hislol)'lbackground: \ ~ J-- -- ' 1\ I ~ HObbi~9/intcrcSls:_~ln0J ?\GlYWJCj ~ ~lo( \t\YXrcV1l~ DJ. Qualifications relared 10 Ihi! position: :v If you have previously served on one of the abovc board:Ycommissions, please provide delails: Signalule: Date: mV/18 /&.~- Nore:" s bill. ion olf info rill a lioll On this fOri. beeo""s public record. For fut/her clarification regardi"K .his QPP{f~~ or more' 0,",(11;011 regarding tIle boards 0' cO;lIlIIi~slon~, please call the Mayor's office at .206-433-1850. ^PpliCillion ror ^ppoinrm~nl 6f~OfO) Co UNCIL AGENDA SYNOPSIS NitLA k f W___- I Em IT I "Up O Meeting Date Prepared by 1 Mayor's review 1 Council review 4/04/05 BG i"60 tl iii. 1 1 ITEM INFORMATION CAS NUMBER: 05-056 ORIGINAL AGENDA DATE: APRIL 4, 2005 AGENDA ITEM TITLE Accept as complete Tukwila International Blvd Phase I Project 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:4 /04/05 SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal El P&R Police PI/ SPONSOR'S The contract with R.W. Scott Construction Company is complete for the Tukwila SUN MARY International Blvd Phase I Project. Construction began January 27, 2003 and was substantially completed on December 24, 2004. Change orders and unit price overruns amounted to $596,512.42. The total contract amounted to $7,441,359.59. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: E: 3/ 28/05 RECOMMENDATIONS: SPONSOR /ADMIN. Accept contract as complete and authorize release of retainage. COMMITTEE Accept contract and forward to Consent agenda for approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $7,441,359.59 $7,640,000.00 Fund Source: 104.02 Commercial Streets (page 43, 2005 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/04/05 MTG. DATE ATTACHMENTS 4/04/05 Information Memo dated March 8, 2005 Notice of Completion of Public Works Contract 03 -031 Transportation Committee Meeting Minutes from March 28, 2005 INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public Works Director March 8, 2005 Tukwila International Blvd. Phase I Construction Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of retainage in the amount of $372,067.98. BACKGROUND The Notice to Proceed for Contract No. 03-031 with R. W. Scott Construction Company of Auburn, Washington, was issued on January 27, 2003, for the construction of Project No. 91-RW03. The project provided roadway improvements on Tukwila International Blvd from S 152nd St to S 138th St including curb, gutter, sidewalk, storm drainage, pavement overlay, street lighting, underground utilities, and landscaping. This contract was completed on December 24, 2004. There were seventeen change orders issued during construction for $580,706.16 plus various bid item overruns. Closeout paperwork has been completed and verified, and the project is now ready for [mal acceptance. The contract was completed within the budget of $7,640,000.000 The contract cost is summarized as follows: Contract Award Amount Additions Sales Tax (N/A Rule 171) Total Amount Paid (inc!. retainage) $ 6,844,847.17 596,512.42 0.00 $ 7,441,359.59 ACTION TAKEN The [mal payment has been issued, [mal 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. RL:ad attachment: Notice of Completion of Public Worlcs Contract (p:Projects\A- RW & RS Projects\9IRW03 TIBI\Construcnon\Info Memo Closeout - RW Scott) ~ State of Washington P'/ Department of Revenue //. PO Box 47474 REVENUE Olympia WA 98504-7474 Contractor's Registration No. (UBI No.) 600 298 242 Date 2/18/05 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Assigned To City of Tukwila 6200 Southcenter Blvd. Tukwila,W A 98188 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number Tukwila Int'!. Blvd. Phase I Construction (No. 91-RW03) 03-031 Contractor's Name Telephone Number R. W. Scott Construction Company (253) 351-0001 Contractor's Address 4005 West Valley Highway North, Suite A, Auburn, W A 98001 Date Work Commenced Date Work Completed Date Work Accepted 1/27/03 12/24/04 Surety or Bonding Company Fidelity & Deposit Company of Maryland Agent's Address Michael 1. Girias Insurance, Inc., P.O. Box 426, Renton, W A 98057 Contract Amount Additions $ 6,844,847.17 $ + 596,512.42 $ - 0.00 Liquidated Damages $ 0.00 Reductions Sub-Total Amount of Sales Tax Paid at 0.0 % (If various rates apply, please send a breakdown.) TOTAL $ 7,441,359.59 $ 0.00 Amount Disbursed $ 7,069,291.61 Amount Retained $ 372,067.98 TOTAL $ 7,441,359.59 $ 7,441,359.59 Comments: Sales Tax Rule 171 applies. Signature Type or Print Name Diane Jaber Finance Approval X:'; ~ , \ <1 U 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, W 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 call (360) 753-3217. Teletype (ITY) 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 March 28, 2005 Present: Jim Haggerton, Chair; Joe Duffie, Pam Carter Jim Morrow, Bob Giberson, Cyndy Knighton, Ryan Larson, Frank Iriarte, Gail Labanara, Lucy Lauterbach; Caroline Brabrook-HNTB .~. Tnkwila International Blvd. Phase I Acceptance R.W.Scott constructed the Tukwila International Boulevard (TIB) project from S. 152nd_S. 138th. The project to install curbs, gutters, sidewalks, stonn drainage, pavement overlay, street lighting, utility undergrounding and landscaping took two years to complete, and was finished on December 24th, 2004. Seventeen change orders were made, with the largest costs associated with cleaning contamination in the right of way in two places, and a late change in the requirement of the type of backfill for conduit vaults. The entire project \vas within budget. The committee members asked when the telephone poles would come down, and Jim estimated they would be down the first week or hvo of May. Business owners will then have 90 days to underground their own lines. Recommend formal acceptance and release of retainaee to consent ae:enda of a Reeular Meetine. 2. Traffic Calmine Cyndy and Sara Haile Intern have \vorked on traffic calming at 3ih/s. 130th streets. This pilot project is proceeding slowly because of restricted staff availability. An analysis of speeds and volumes was done, and it proved that cars are speeding there. The next step will be to talk to the neighborhood committee and explain an origin and destination study. Neighbors in the area will help in this, as it is done by tracking vehicle movement in a restricted area. Car movements are checked by noting vehicle license plates at various intersections. Information. 3. KIickitat/Southcenter Parkway The Klickitat proj ect is ready for a design report. This report will cover the first 30% of design, with final design following this stage. This first stage is important as it resolves the design issues. HNTB was rated best for this work. The city has received $661,333 in federal funds, and Federal Aid fonns will be used throughout the project in anticipation of receiving additional federal funds later this year. Impact fees in the Urban Center will also be contributed to this project, as well as $500,000 city funds. Recommend contract be executed with HNTB Corporation for $L168~322 at that evenine:'s COW and Reeular Meetine: 4/4/05. 4. S. 144th Phase I Improvement (Tuk\vila International Boulevard fTIBl to lVIilitarv Road) Sidewalks, bike lanes, wider travel lanes, streetscape improvements and undergrounding will all be included in this construction project. Rodarte Construction submitted the lowest bid. They had constructed Cascade View Park and 3ih improvements, so they were very familiar with the area. An additive alternate item was also included and will be done. The alternate includes the Water District #125 work to be done. Award Rodarte bid of $L810~600 for the base bid and $29~865.60 alternate additive to that evenine's COW and Ree:ular lVleetine: 4/4/05. COUNCIL AGENDA SYNOPSIS /al ti Initials ITEM NO. s .r I -14' i Meeting Date Prepared by Mayor's review I Council review o t z o eis 4/04/05 DM 7171 1 I' 1 rsoa ITEM INFORMATION CAS NUMBER: 05-057 ORIGINAL AGENDA DATE: APRIL 4, 2005 AGENDA ITEM TITLE Turnover of Public Infrastructure at Two Locations CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 4/04/05 SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PIS SPONSOR'S Two development locations are ready for turnover of public infrastructure improvements. SUMMARY Public Works staff inspected the facilities and all permits were signed off. Doak Homes 300 LF of storm pipe and 2 catch basins $22,521.00 Junction West Water, sewer, storm, and 2 fire hydrants $16,250.00 REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'L'E: 3/28/05 RECOMMENDATIONS: SPONSOR /ADMIN. Accept turnover of public infrastructure at two locations. COQ MITIEE Forward to Regular Consent Agenda with acceptance COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/04/05 MTG. DATE ATTACHMENTS 4/04/05 Two Information Memos with site maps dated March 15, 2005 Transportation Committee Minutes from March 28, 2005 INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public Works Directo~ March 15, 2005 Doak Homes. Inc. Turnover of storm drainage system within 45th Ave S right-of-wayl adjacent to 12224 45th Ave S, north to the intersection with S 122nd St ISSUE Accept turnover of storm drainage system within 45th Ave S right-of-way as part of the development known as the Doak Homes, Inc., single-family homes development. Doak Homes, Inc. Permit Nos. D04-014 and related D04-015, 016, and 017 Parcel Nos. 017900-0710, 0715, 0720, and 0725 BACKGROUND The Doak Homes, Inc., single-family homes development is now completed. As a condition of the development, the Doak Homes, Inc., residential development included the construction of the following for storm drainage facilities: 300 LF of 12-inch ribbed PVC storm pipe 2 each Type I catch basins all appurtenances The value of the transferred assets, from the Developer to the City of Tukwila, is $22,521.00. Conditions were placed on the development to provide the following turnover documents: 1. Letter from owner requesting turnover 2. List of Materials/Costs (City format) 3. Deed of Conveyance of Public Improvements 4. Bond for two-year maintenance period 5. As-built plans & ACAD (CD) for proposed public facilities The proposed public facilities have been constructed to City standards and inspected by Public Works staff and are now ready for turnover as public infrastructure. RECOMMENDATION Request Transportation Committee to move to consent agenda to authorize Mayor to sign acceptance forms. attachments: vicinity map Development file: Doak Homes, Inc. - 004-014 NOTE: All documents are available at Public Works and will be presented at the meetinas. DOAK HOI\tIES, INC. OFF-SITE STORNI DRANINAGE FOR 4 SINGLE FAlVIIL Y HOIVIES LOTS 9,10,11, & 12 INFRASTRUCTURE TURi'iOVER D04-14 and related D04-015/ D04-016 J D04-017 -~ ~1J@\f0 I 4~' ; VICINITY 1vIAP C81 (TYPE 2_54A) Sift.. 0+18.4-, 13.2'LT SOLID LOCKING UD: 111.01 IE(3,n: 106.72 IE(12A}: 107.32 DOAK HOMES, INC. OFF-SITE STORIVl DRt\1'HNA. LOTS 9, 10,11, & 12 INFRASTRU CTURE TURl'lOVER D04-14 and related D04-015/ D04-016 / D04-017 PUBLIC STOIDv! DRAlNAGE SYSTELVl I I ill I . IT . EX''''NG ": L wi ~ASH R1L i " ~ I 125 rIEONI): 106.01! INSiALL T::MA,ORARY $1, T FENce: ~ I ALeNG ALL D,oWNSTRE.4.M PROPER I T't' .... I ~ a: c::: r UN~S AS NE~ESSARY I =i / I I I~ II ~ ~ ~III ~"a~'~E~b~ ~~t~~;2~.J ~ t/ / I I II'v II. r lONomON I 'IAm:~ crSTRUCTN/ ~/./ t I~ LL.1 x .. 1.4,5 th A \.]E 1'{.l1:J'E ';', . T rJ) - - _ d _ -'- _ _ JCo' - 12-RI88<O .!:'!E. "'~"2!- _ _ L -;\ 2fihl;- - 1 f ~. f--- ( g; ~ \+- ~/ 5:1 tl ,.., ii, A ~:o~ - -;z; \~ . ~ '- y ~sr..ic.yp G \ ' ~ G\" := G' IJ1 \\ I -/.~ 1~ ~~ 'I' ~ '? r1~IJ'-2 ~ ~ I II ~~ I '?~ I'-:,~ I~ ~ .~ ~:/I ..~~ %" ~ II~I 1J11?r <!.:r~ '" ~I 1'1 EX! ilNG 36 CM? ~ /I s- .48~ ~I ~I )11 ~, 1/ ~r /I ajl o~ ~- iF "'1,, /..... ,/ r~ o ...J ill N J" \J. // \ ~ <? ~ -<) IJ'~ '. ~ ~~ t-~ ~-f< rQ;: VANE!) GRATE: 112.25 ~ ~,A IE(12U: 109.12 (& '"5"1=1 IE(6-~ 109.52 \"'~ ~ I <'.-? ~ " ~ GRATE: 110.51 I IE(J6A) 105.67 4~th AVENUE S. ------ ,. - --- -=::J}- Z -c:::;J INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public Works Directo~ March 15,2005 Junction West - 4 Lot Short Plat Turnover of storm drainage facilities, water meter service lines, sanitary sewer system, and street portion within Macadam Road South! South 149th Street right-of- way and within a public easement ISSUE Accept turnover of storm drainage facilities, water meter service lines, sanitary sewer system, and street portion within Macadam Road South! South 149th Street right-of-way and within a public easement as part of the development known as the Junction West - 4 Lot Short Plat. Junction West - 4 Lot Short Plat Permit Nos. L02-051/ PW04-027 Site Address 14906 Macadam Road, Tukwila Parcel No. 766160-0210 BACKGROUND The Junction West - 4 Lot Short Plat development is now completed. As a condition of the development, the Junction West facilities included the construction of the following for the water, sanitary sewer and storm drainage systems: ' 74 LF of 12-inch PVC storm pipe 2 each Type I catch basins 31 LF of 8-inch PVC sanitary sewer pipe 1 each SSMH Type I - 48" 2 each fire hydrants 3 each water meter service lines - 1-inch copper pipe (total of 16 LF) 55 SY of asphalt pavement all appurtenances The value of the transferred assets, from the Developer to the City of Tukwila, is $16,250.00. Conditions were placed on the development to provide the following turnover documents: 1. Letter from owner requesting turnover 2. List of Materials/Costs (City format) 3. Deed of Conveyance of Public Improvements 4. Bond for two-year maintenance period 5. Public Storm Drainage Easement 6. As-built plans & ACAD (CD) for proposed public facilities The proposed public facilities have been constructed to City standards and inspected by Public Works staff and are now ready for turnover as public infrastructure. RECOMMENDA TION Request Transportation Committee to move to consent agenda to authorize Mayor to sign acceptance forms. attachments: vicinity map Development file: Junction West - 4 Lot Short Plat NOTE: All documents are available at Public Works and will be presented at the meetinas. I w ry g j' Q i a_. sl Y 4 V1 n d r r� C Y m O I G• Si al Ci: i m °,413., 0 Z [f a <0 9 9 1 m o o to Z; 1 7 a: Y m d��'rb c 4 `b m 't 9 T, y ..rn o N ,9:;,... 'G S N S .N 5 �S w v Y [)rC V n n o 0['[C rt tt rt rf rt U. r[ +12,10q- 6rr5 (dt u• 2 i; rr N ztZtoontoesat c 3407461 dStll J/1 SS Sl 001 ant, 79 Y r5 ri N S•t g t w n i -e 1 6, O N n S o G1 '1 ti il 4 S7Z s` 7Z n c n 1 ti N m f O lr Y7 S7 R' i 4 a O �Y� 0 S;•... .i m f N C J O t ,E.. roc 1 s.rr.rr.rt r o s o Sr Si r /.11.11 -1 '1079 cv i L. n �rr.rf.S 1g v s G r 'y m '6- C n A N N O. 2a r m a' S G�'p r K 8. -`O'? Sti73 5a a a. �J'J 1 r v� i.rf.rr. r5 ti OJ No O .N SiF J L r f n [r al a o u7 ,D T f v l c O U r T I n f �i `O N m l- n 7 m m o m ^spr n 1° YS (r ,.tv r z':9z.' \J X {-p `G m L.., n r tam s s Co-:. n 3 ^S El l O O O m ri .D '6". N 6 .a.rfi;/S t t� W re sr n ..1-4.2,4 ..1-4.2,4 Srf O N n m l. u 3 m x1 i f1 c�� f O 007 O +p J .J O N u ^7 5 >..ar.� [S a O n may. a �J n 00 CS a 9 9 g ,.o n O m't T n G nJ 3 n i ',4. N O o I o r a y o o c v At o ars u m GD sp aSp 8 o o a fi J O i x rt [5 ST I Z,-,. m til r m L 1 m O N j 5107 g 99. a N Co CJrr Q,,,,, 4 m o G N m �tr•rttt et, n cu Gn v 6 oy :T �a o p i N t�3 ..lot_r g<.E!` ;Mlle 3 Q! r o 1'1 1)r7t.ry :s•6rr. au (4C1- Y l am 1 i ...A-4Z, !i�leea �saa5 ,r „'r i 11�•f� m o .�i�r f. r )r)u (fir. oz� at r.....- r r-- o-' f NEST 6-,\--1----- ,TUNCTION r—+ r, 4 LOT SHORT PLAT E 1 e INFRASTRUCTURE TURNOVER w 9 0 H t 141 a 1-- oz I ti •r 7 0 i i i 1 1 J cn i {i7 I PWO4-027 0 051 ce -027 L02-051 ,rr ct ,�,N I i 1111! n ��r o il c a[ r7 r[ O nl o nQ Oaa SITE f �QJ q G. n 1 1. e- `r °~w 77 y7 m 1� 1• O ZIOZ ley >r5 n j V ICINITY M ,1 4 5 .57 y. TO SCALE- y =1_� y, .t 4 1 NOT 57.a, }r r r feoy o 5¢a C o d 10' `N JS' At, r`1� a Off` y J. a g f� N N O aSl vao Slid AlA tl ]M)i11 r I --k JUNCTION 'VEST - 4 LOT SHORT PLAT INFRt\STRUCTURE TURJ.~ OVER ~ I N o STORlV1 DRAINAGE SYSTElVI / SANIT ARY SE\VER SYSTElVI & FIRE HYD R.t.\l'fT P\Y04-027/ L02-051 c:.Y'lc:.K M~.IN JTLET SIGN ---- I i I I I .. . - - . :I'/EWAY PER TL RS-OBA (5405 S. 149th LANE: -- r-: :z /' 0... Z r-: 0 ~ tJ1 0w 5< 0>' uJ ..J4, uJ t>- ./ 0 >< 0 Z r- -4: ~ ..J S <- 0... ~ uJ (!) a:: <D <> ~. z -. ~~ <.5 w 0- ce: :z~ I- uJ\ Z ce.~ uJ ";[ uJ (fJ 4- uJ ~ I- 4- 3= .0 .- JO~CTI0"N 'rVEST- 4 LOT S1l0RT PLAT r-:: r- :z /' 0- o r- 4.. '?: 6 0 ~ ~ +\ 0...-4:0 -.... )-a::O--H~ r-0~6uJ ItfFR.A.STRlJCTlJRE TlJRL'IOYER \ STOFJ'il DRAlT'1AGE SYSTEM. I \ FIRE 1lYD~T & PORTI0T'1 OF A.SPllALT PAVlT'1G p,,-V04-021! L02-0S1 89/ NOI~ 100\ ~ ,.:.ou 0- - cr. '4 -ID ~ ~ --c::::J -- ~ \~5 c6~ \~ \\. a:: :jo... 0... ----- Transportation Committee 1tfarch 28, 2005 Page 2 5. S. 144th Phase I (TIB to l\;lilitarv) Construction lVlanaeement The city currently has a contract with KPG for design work on S. 144th. A contract supplement \vould allow them to provide construction engineering on this project. The supplement would be fixed not to exceed $273,700. Entranco will also help KPG with some of these services. Pam C noted there will be a winter shutdown for weather November to 1tlarch of2006. There will also a three- month shutdown for utility work. Information for COW that evenine. * 6. Doak Home Turnovers Doak Homes built four houses on 45th near S. 122nd in Allentown, · and constlllcted stonn drainage improvements to city standards. When the city accepts the system, we will be responsible for maintaining it. Recommend acceptance of storm drainaee facilities to consent aeenda of a Reeular lVleetine. * 7. Junction West Turnovers Junction \-Vest is a 4-10t short plat at Macadam/S. 149th. They \vere required to install public facilities for water, sewer, catch basins, stonn drains and fire hydrants as well as asphalt pavement before they could receive final plat approval. The value to the city is $16,250. Recommend acceptance of utility improvements to consent aeenda of a Reeular l\tleetine. 8. Other Information Jim M reported that the House of Representatives in Washington D.C. recommended 2005 funding $1 minion of a $7 million request for Klickitat. There has been no action in the Senate yet. Neither the House nor Senate has taken action on the request for funding for Southcenter Parkway. Jim M also reported the current Klickitat design could take many parking spaces from the Southcenter Building on the southeast comer of S outhc enter Parkway and Strander. Jim H said surveying was being done on S. 43rd Street. Jim 1-'1 said it was the water district doing the work that was originally slated for 2004. Minutes by L Lauterbach ~II .............' I/h r Committee chair approval COUNCIL AGENDA SYNOPSIS aC ;r Initialr ITEM NO Meeting Date 1 Prepared by 1 Mayor's review 1 Council review N r z" 3/28/05 1 BG 1 1 Z, 4/04/05 ,AAL 1 ITEM INFORMATION CAS NUMBER: 05-046 ORIGINAL AGENDA DAZE: MARCH 28, 2005 AGENDA ITEM TITLE Bid Award for construction of the Strander Blvd Upgrade Pump Station #17 CATEGORY Discussion Motion El Resolution Ordinance Bid Award El Public Hearing Other Mtg Date Mtg Date 1VItg Date Mtg Date Mtg Date 3/28/05 Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PI/ SPONSOR'S The project was advertised on February 7 and 14, 2005 and nine bids were opened on SUMMARY March 1, 2005. The low bid from Prospect Construction made a math error and requested bid relief. The second lowest bidder, Americon, Inc. failed to enter a bid amount and also requested bid relief. The third low bidder, Frank Coluccio Construction submitted a bid with no errors or irregularities and references reported that Coluccio performs quality work. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 3/22/05 RECOMMENDATIONS: SPONSOR /ADMIN. Award contract to the Frank Coluccio Construction Co. COM�Mri Forward to COW and Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,566,424.00 $2,177,000.00 Fund Source: 412 Surface Water (page 122, 2005 CIP) Comments: Transferring $100,000 from GIS Inventory and $220, 000 from Annual Small Drainage Program MTG. DATE RECORD OF COUNCIL ACTION 3/28/05 Discussed at COW; forty rc d to 4/4/05 Rea. Mta for formal action. MTG. DATE ATTACHMENTS 3/28/05 Information Memo dated March 9, 2005 Bid Tabulation Bid Relief Request Letters from Prospect and Americon Utilities Committee Meeting Minutes from March 22, 2005 4/04/05 1 No attachments. Co UNCIL AGENDA SYNOPSIS 1 'Ys y Initials ITEM NO. P 1�` S+7 Meeting Date Prepared by _I Mayor's review I Council review cti 3/28/05 BG v WM 4/04/05 1 1 ?S L. 7908 1 ITEM INFORMATION CAS NUMBER: 05-049 ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEM TITLE Bid Award for construction of the Cascade View Drainage Improvement Project CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 3/28/05 Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PWI SPONSOR'S The project was advertised on February 18, 24, and March 3 and three bids were opened SUMMARY on March 15, 2005. The low bid of $3,962,500 was from SCI Infrastructure, LLC. There is also an Additive Item No. 2 for $76,704.00 for Val Vue Sewer District improvements. Additive Item No. 2 will also be awarded under this contract and paid by Val Vue through an Interlocal Agreement. Total bid award for $4,039,204.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/22/05 RECOMMENDATIONS: SPONSOR /ADMIN. Award contract to the low bidder SCI Infrastructure, LLC. COMMI'rl E Forward to COW and Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $4,039,204.00 $4,200,000.00 Fund Source: 412 Surface Water (page 121, 2005 CIP) Comments: See Interlocal Agreements with Water District 125 and Val Vue Sewer District, also presented to Council 3/28/05. MTG. DATE RECORD OF COUNCIL ACTION 3/28/05 Discussed at COW; forwarded to 4/4/05 Reg. Mtg. for formal action. MTG. DATE ATTACHMENTS 3/28/05 Information Memo dated March 16, 2005 Bid Tabulation 1 Utilities Committee Meeting Minutes from March 22, 2005 4/4/05 No attachments. COUNCIL AGENDA SYNOPSIS k .r 400 .y Initials ITEMNO. a f t 0 Meetin Date Prepared by 1 Mayor's review Council review .,t t „off 3/28/05 BG IN1 fi 1 4/4/05 0 1 h.,a 1 i ITEM INFORMATION CAS NUMBER: 05-053 ORIGINAL AGENDA DA'Z'E: MARCH 28, 2005 AGENDA ITEM TITLE Bid Award for construction of the S. 144 St Improvements Phase I Project CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 3/28/05 Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PI/ SPONSOR'S The project was advertised on February 14, 21, and 28 and six bids were opened on March SUMMARY 8, 2005. The low bid of $1,810,600 was from Rodarte Construction, Inc. There is also an Additive Item for $29,865.60 that is for Water District 125 improvements and will be paid by Water District 125 through an invoice. Total bid award for $1,840,465.60. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA "1'E: 3/28/05 RECOMMENDATIONS: SPONSOR /ADMIN. Award contract to the low bidder Rodarte Construction, Inc. COMMI'rrEE Forward to COW and Regular with approval. COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,840,465.60 $2,700,000.00 Fund Source: 104 Commercial Streets (page 46, 2005 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/28/05 Discussed at COW; forwarded to 4/4/05 Reg. Mtg. for formal action. MTG. DATE ATTACHMENTS 3/28/05 Information Memo dated March 22, 2005 Bid Tabulation Presented to Transportation Committee on March 28, 2005 (same night) 4/4/05 No attachments. COUNCIL AGENDA SYNOPSIS Initials ITEM NO. 14` Meeting Date I Prepared by 1 Mayor's review Council review 1/ z 2/22/05 1 L)M, 4/04/05 1 L7Nri 1 h,c�J� 1 t ITEM INFORMATION CAS NUMBER: REF 05-026 ORIGINAL AGENDA DATE: FEBRUARY 22, 2005 AGENDA ITEM TITLE Public Hearing for 7 Street Vacations for Sound Transit. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date 2/22/05 Mtg Date Mtg Date Mtg Date 4/4/05 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R El Police PI/ SPONSOR'S Public Hearing for 7 street vacations that are required to accommodate Sound Transit Link SUMMARY Light Rail South Corridor rail lines. 35 Ave S (southwesterly from Southcenter Blvd) 48 Ave S (northeasterly from S 134 P1 to I -5) 47 Ave S (northeasterly for 310 ft from S 134 P1) 49 Ave S (northeasterly for 100 ft parallel to 1 -5) S 138 St (at intersection of I -5) S 146 St (southeasterly for 226 ft to I -5) S 133 St (at intersection of SR -599) RECOMMENDATIONS: SPONSOR /ADMIN. COMMIT" EE MTG. DATE RECORD OF COUNCIL ACTION 2/22/05 1 Approved Resolution 1570, setting public hearing for April 4, 2005 4/04/05 MTG. DATE ATTACHMENTS 4/04/05 Information Memo dated April 4, 2005 Resolution 1570 Notice of Public Hearing, published and mailed to property owners within 500 feet 1 Master Vicinity Map with 7 Vacation Maps Excerpt of Development Transit Way Agreement with Sound Transit, street vac section Letter from A &E Machine, Inc RCW 35.79 Streets- Vacation TMC 11.60 Street and Alley Vacation Procedures INFORMATION MEMO To: Mayor Mullet Public Works Director ~ April 4, 2005 Sound Transit Street Vacations From: Date: Subject: ISSUE Resolution 1570, passed by Council on February 22,2005, set April 4, 2005 as the date for a public hearing of the following seven street vacations. These are: FILE # 3.40.62 3.40.63 3.40.64 3.40.65 3.40.66 3.40.67 3.40.68 STREET 35th Av. S. 48th A v. S. 47th A V. S. 49th A V. S. S. 138th St. S. 146th St. S. 133rd St. BACKGROUND These vacations are related to the Sound Transit Link Light Rail South Corridor project. On December 7, 2004, the City signed the Development and Transit Way Agreementfor Sound Transit Link Light Rail Tukwila Freeway Route Project. Per Section 10.8, Sound Transit has agreed "to cooperate with the City when it petitions for vacations". The public hearing date of April 4, 2005 was set by Council on March 7, 2005. The City provided notification as specified in TMC 11.60.090 and RCW 35.79.020. In addition, the City notified all City Departments and utilities that may be affected. ANALYSIS Street vacations can be initiated in one of two ways. 1) Property owners can initiate a vacation by a petition signed by abutting property owners, per RCW 35.79.020. The signatures must account for 2/3 of the right-of-way, by length and the City shall be compensated per TMC 11.60.050. 2) The City can initiate a street vacation. Street vacations initiated by the City do not require a petition signed by abutting property owners. Therefore, a City-initiated vacation will not proceed if the City receives written objection, before the public hearing, from 50% of the abutting property owners, and no compensation is due the City, per RCW 35.79.020. Of the seven rights-of-way proposed for vacation, 49th Ave S, S. 138th St. and the western portion of 47th Av. S, not under the transit way, are City-initiated. The City will not require compensation for these rights-of-way. The City may require compensation for 35th Av. S, 48th Av. S, S. 146th St, S. 133rd 8t, and the eastern part of 47th Av. S, under the Sound Transit transit way. RECOMMENDATION Conduct the Public Hearing, determine which rights-of-way the Council wishes to vacate, and forward the vacations to the next Regular Council meeting. - ... City of Tukwila Washington Resolution No. /57C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF SEVEN RIGHTS-OF-WAY WITHIN THE CITY OF. TUKWILA, DEDICATED FOR STREET PURPOSES. . ' WHEREAS, the Sound Transit Link Light Rail South Corridor project proposes structures for the light rail at this location; and WHEREAS, the City .wishes to vacate these particular rights-of-way; and WHEREAS, RCW 35.79.019 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 shall be held before the Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on April 4, 2005, regarding the vacation of: A. 35th Av. S., running southweste~ly from Southcenter Boulevard (S. 154th St.) for approximately 354 feet, including the partial cul-de-sac bulb; and B. 48!h Av. S., running northeasterly from S. 1341h PI. to the 1-5 on-ramp at SR-599; and ". C. 471h Av. S., running northeasterly for approximately 310 feet, from S. 1341h PI. to the Washington State Department of Transportation right-of-way; and D. A remnant of 49th Av. S., running northeasterly for approximately 100 feet, parallel to the W'ashington State Department of Transportation 1-5 right-of-way; and E. A portion of S. 138th St. at the intersection of S. 138th St. and the westerly side of Washington State Department of Transportation 1-5 right-of-way; and F. A portion of S. 1461h St., running southeasterly for approximately 226 feet, from 51st Av. S. to the 1-5 right-of-way; and G. A portion of S. 133rd St. located at the intersection of S. 133 rd St. and the SR-599 right-of-way. This public hearing is not less than 20 nor more than 60 days from the date of passage of this resolution. At that time, all persons interested in said rights-of-way vacation are invited to appear and be heard. Section 2. This resolution shall take effect immediately upon passage. !.') --... . . PASSED BY TIIE CITY COUNCIL OF ~ CITY ~ TUKWILA, WASHINGTON, at a Regular Meeting thereof this I,d:~ ~ day of \.) ,Lri~d /~ > I 2005. ATTEST/AUTHENTIC~TED: ? I L L ~. ,/""1 0 (! ~ r tr./'\'\...vLc. l {...--.... . . ,} .. / L ({) , :t.} CLt-L..-- Pamela Linder, Council President Jan E. Cantu, CMC, City Clerk V APPROVED AS TO FORM BY: ,.. - . ., ~~_ ~__ ,~';-;'k.::=::::::- Office of the City Attorney Filed with the City Clerk: dl -/7 - 0 g-' Passed by the City Council: ~.:;?;( -tJ5 Resolution Number: /570 .--- ... .. Seven Street Vacations 2/18/05 Page 1 of 1 City of Tukwila NOTICE OF PUBLIC HEARING Notice is hereby given that t4e Tukwila City Council will hold a Public Hearing on Monday, April 4, 2005, beginning at 7:00 p.m. in the Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, Washington, to consider the following: Request for vacation of portions of seven (7) streets required to accQmmodate Sound Transit Link Light Rail Corridor rail lines: . 35th Ave S (southwesterly from Southcenter Blvd) . 48th Ave S (northeasterly from S 134th PI to 1-5) . 47th Ave S (northeasterly for 310 feet from S 134th PI) . 49th Ave S (northeasterly for 100 feet parallel to 1-5) . S 138th St (at intersection of 1-5) . S 146th St (southeasterly for 226 feet to 1-5) . S 133rd St (at intersection of SR-599) All interested persons are invited to be present to voice approval, disapproval, or opinions on this issue. Those unable to attend in person may submit written testimony to the City Clerk's office until 5:00 p.m. on the day of the hearing. Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with disabilities. Reasonable accommodations are available at Public Hearings with advance notice. This notice is available in alternate formats for individuals with disabilities. Please contact the City Clerk's Office at (206) 433-1800 or TDD (206) 248-2933 by Noon on the day of the hearing if we can be of assistance.~ ( . Dated this /'f day of '7'J1tbtrf ~ ,2005. City of Tukwila Date of Publication: Seattle Times, 3-18-05 -- sound 'Transit street vacatiOns Not to sca\e sound Transit street vacation 3.40.63 48th Ave S sound Transit street vacation 3.40.68 S 133rd st sound Transit street vacation 3.40.65 49th Ave S sound Transit street vacation 3.40,64 47th Ave S sound Transit street vacation 3.40,67 S 146th st sound Transit street vacation 3.40.66 S 138th st sound Transit street vacation 3.40.62 35th Ave S MaP \..egend _-----" vvaterbodY ----=-:- ;.~I!!~ C\w urn\ts Iq~Sr;ll3\i} ~ \A GIS RL \P 'OlectS \J\\\\soUOd\ 'OOSII\st'eet"0' p'.\Roroafl fC - NW Y4 SW Y4 SEC 22, T 23 N, R 4 E; W.M. ~=-~ ---=-- ~- (~ - -, I~ ------ij ,~ ---~; - -~ _==,~L_,/( 0043000J03 ) ~D TRANSIT -x '~ -. ,;',', 0043000306 SOUND TRANSIT l-'-G-"S"i [.--DD43000300 ) ------, ~~-----/.. ..___' ___------- ~D TRANS I T _ 0'7 .~____ !~ ~'",;r:::- / ~--- ~~~ ,- " ~/-:/'f " "" "" '\. ./' , "\." "" ' ~f./(" "" \, i " 'J "\. "~dS\' /p" " '" ~ ~m:] ,/~,,,/~ '"..... '\.. ' n' ~ ~ ,~,-, [ 004300030 I } i " // ~D TRANSIT/ ! . ' ~/ ;-1--7 'i" '. E : f ! f ; '/ ! : ,./ f-r / /' : 1\ -=-,' ': t//// ~ ~- SOUTHCENTER BOULE.AjARD N88'19'47"W - -~e~ pc;S-< /-----j )\~~~\)~:))~,);~~ STREET VACATION AREA=23,S9 I SQ. FT. o I 25 50 I I SCALE IN FEET 100 I . ffPSrC .. SOUND TRANSIT Scale. G 755 LINK LIGHT RAIL PROJECT SOUTH CORRIDOR 35th AVE STREET VACATION EXHIBIT Drawing NO,I I" = 50' FilenaMe' VAG-35TH AVE Contract No.. Sheet NO,I Rev,. 12/14/04 -~. 4-6, \0 ~ o Jurisdiction Drawing No, Date: ~Sf}h4t f ~ -- ---- -- ~-- -- ~ 'y.?'.::" -\ \ .J ~ S~O jRANSIi -~ - - ------- ~'A \00 S.13~- ~\8'04''i/ o 25 50 $Co.\E!' I" ~ 50' SC~lE \ N fECI L \ ~\<. L \ G\,\i R~ \ L PROJECi SOU1t\ CORR\OOR 48\h A \JE S1RtEl "ACA 1 \ 01'1 t)(11 \ B 11 3M2- '3 Dro.WiYl9 NO,' SIREEI \j ~C~ I \ ON ~RE~=:;: \ 0,005 SQ. fl. ~ o --A: ff!!fffflJ$TC _____-r~ --- Jvr',sdiC-tiOn Dro.wing No. irif SoU N DTRAN SIT flleno.Me' \Jf>,C-481\-\ f>,\lE COYl-tro.c-t No,' C 755 Do.tel 12/14/04 ~ -- SR 599 -~ ~ -~- ~ 279806.6~ E 13~14.&8 rUK. sy. ~ 1\11<.'11 1'-" PRoPERi'l' u.C ~ 'II ~~ER, \o\1J<()\.D E. ,---- TLlK. S.p 81_39._55 --- - - ----- - - ".n ~ -ff - - "~ S. /34TH Sf ~48' 18'04''11 tt 279505.86 E 135414&.11 S1REE1 \j ACA 1 \ ON AREA~ \ 2. \ 2S SQ. f1. o~ SCi'L-( :- f((1 - Dr<> '11\\'\9 N.O.I sc<>\el \" ~ 50' LI NI<. L \ GH1" R" \ L PROJEC1" 50\J1\-\ CORR\OOR 47th ",\If.. SIREEI V />.Ci'1I ON f.)(H \ B ~: L '3 A-'O.to~ ReV.' S\'le e-t N.o.' o .. ~- i&.En~TC ~_rf!.. - ~ souNoTRANSlf fi\en<>l'Iel VAC_471'r\ AVt. COn-tr<>c-t N.o.' C 755 D<>-te' \2/\4/04 J\JriscliC-tiO\'\ Dr<>win9 \,-\0. ! iT'70+00 "- ---'"-; /r<:;, / " ~ sa TRACK ~ ~ - _ //; ~/Vf "'v~~'j( I 1- ~; 4:< /// ----== ! ;,...J, /~----.. If ' '" /// _ 5673000160 ~ "( /f{~~ I SOUND TRANSIT l ~ ~~ <J C 5673000 III ) "" ~ ''1 /~ SOlND TRANSIT J- - - _ ~. ----=- ~ ~ --------------- , 71' ~~------"" / tr' - - - ~ . ' ~ )./, I, :i I J // /~ ' I ~ I l ~ /It^ ~\ I l~':J::~::: ~J'J'=tI! ~A~~:;';'ES ~, 1 ~\J, ~ :/ / > '\t TO WESTIt~I~~ '" Inf /' 1 1- ~c. !.ION! CA I . L- -( \\o~ WI/5' BRASS DISK AND PUNCH HOlE. ,. '\ _ ~~ -' ~ ~ -------1! 278987.23 E 1382442.26 --It':>----<A f ~//I---- -~~J-~-II /;::; / I // /~/ t// -~'~-: 0 ~ ~~~~~l. ~. ~ 'f J I I I :, I _ -~""l~ ~ L I I, I SEY'4 NEY'4 SEC 15, T 23 N, R 4 E; -",--,-~~ ~ -~ --~~ "'---~ ~ ~ ~~~~ ~ -~ ~ ~~~ ~ "~~" W.M. ~ '--------------- f i-- o I 25 50 I I SCALE I N FEET 100 I ~ STREET VACATION AREA=452 SQ. FT. . l'$TC .. SOUNoTRANSIT Sco.le' C 755 LINK LIGHT RAIL PROJECT SOUTH CORRIDOR 49th AVE STREET VACATION EXHIBIT 6, ~ Dro.wlng No.' I" = 50' Flleno.Me' VAC-49TH AVE Contro.ct No.' Sheet No,' Rev,' Jurisdiction Dro.wing No. Do.tel o 12/14/04 ::::-- EY4~ o PCC ~~1278149'7g9 \ ' r--ti91 I ~ n. L r ,~ y I I ~ [ 0003000092 VOt.lENICI. ORELIO &c PATRICIA "-.. "-.. "-.. r "-.. "-.. I II I5_W: :-"1 / / / / / DEANO. GREG R. 0 0 25 50 100 I I I I SCALE IN FEET I I ) R ~. ~------- ====-~~----===== Sf? ~ _____________ - -------------------- --------- ~~07 ________ It; i~ !~ j-- 1523049072 NALEWA~ JOHN I I L-- --- MACADAM RD S ~ STREET VACATION AREA=647 SQ, FT. . .. Sco.ler Dro.wing No,' I" = 50' LINK LIGHT RAIL PROJECT Fileno.Mer SOUTH CORRIDOR :PSTC v AC- 138TH ST I 38th ST SOUNOTRANSIT Contro.ct No.. Sheet No.: Rev.: C 755 STREET VACATION EXHIBIT Jurisdiction Dro.wing No. Do.te: 6.+0 \ 'ok, 0 12/14/04 .----------- _----------------- N~~r:SEG 23, 2--~ E; _------ j NTE!b'!-<" - ______ ----- --- __________---- __________ /- 5 ------ - /----- ----------- -------------~ ./--~~-_/-/---._--~- -- ------ -- ~ -------- ------ -----. ~- ------~ ~ -- ~ -- .' \., ~, ',\ 1 - ~~/=c~-,_:=-L---/J_/ \".~ it" ..~~~-~'~v~\k3:~~\! : ~ 1 ~ "- - \/'\ '/ \ " \ ),,-1 , / I -- - - - x~:~\'; .\~~~, ~ , 1 - - - '\ \:>\ ,\:'r\ :, \/ ' ^ '/, /v>,k(,/*\\>\~, :' ---------' y: /1 \,/, \./\ ;;.;~' \ \1 '~~ ; //1 Ix: \ /\ /(~' \' , " 7999600125 :/'\ ~ \)./; ,,~L "\ / , ~~\, 1 (\'>(;:.:/:\,X\\ ~ ~"J ~ // \ CANTONWINE. CAL P'/{5\?\;(~~~-=-==;',' , ------ =-- .' - - - \t:. .:; / F/~ \/ \ V\ ~ \ A > ___ --- _~ // J:"\"X'\/'\ ;,.,AL - - -. ~ - -".c. / /\ />( \ ,~)(\): - - - - - ----------==-== / ,/' ,x''\.):\ \-,X;J --------===--=- - - ~ -7 ~ ,: >:\((,\,\\/;~~ - - --~- -; - I~ WIOE~s1gR~OOi - -:-- - - - - )/ ,:/<.".. y' 0~ _ - - Ei\SEMEN ________ r-------: '\,1'.. 'V\ /'!:/ \/\ ~ -:0,-- -7 -7 '7 FoR B'(Pi\S% 7 -I ' k/" \/ \ca' \ / -- . Ri\I Ni\GE. I !, ON \}:'{ y/ '1/Y<\/\ -7 ~ -7 -7 .) Q -7 . nN7 i '- \ \' i ' /J '\:/~'ii \/'\,-- ,\" \ ,-,' I h ,0 ' 1 % v' " /\ ,A ~ ~ nB \ -; -) ! .r l:.l)' 'I '\ X"\ ~ "/\:. y ~ -7 -:; 7 G ~\J 7. I 0\ . \'~V !. \~O. t- /'\ x/' ,>('\ ,){ i -7 -7 "7 -7 \... ~N.J -" NO,- J 7~_ c:1. r!'c- '\ ne"-! . yr\\ )(1(;.,)(\/;( I.&JC-(t:.~ \ ()L;. !. y.... .>--- ---' I ~'- '-'; I.&J \ ,/\ / -- )/ , -~= -7 ( 7999600205 ) -'- -: J \ '7 \3 vT" -- : I \-. ;,. /'\ /:'<~~/1:: h.,:,/~~1 ~ 7 '- · J :ci P;('\/( \:~).(~~~ SOUND mANS 11' ~ y ~ ~-'(' 'y/t 4";-&;0. "Y"" 0 :>. -7 -7 -7 1.0 t'iP )/ \ ).>". \};>:?{ '" 18 ____~w--Ncr. TUK -099 :' I~ \. ,,>(. \,/"\0 \/\ V> -j-7 / < 18, '{/\,v1<( 'x'~ > ' ( 7999600185) V> r{::.(\/<:; ~:\~>: 7' _ -7 , CA7ONWINE, CAL I f >'\_>.;~~9>; xl ;... ~\/.'{ ).<7 I X \ ./\ \1--'\ \.' \ , \,;-K \,/" ):/, j -7 I i \,y\. ><y'( 'y).(. !u ':1:\ :~:")!,,\: x()-'- ! \ Y'\j.>\ \/ ,-01- ! (,,1" \ '/\v: \,/\ ;v ' I , /\ . \, Y \,/ "~ c-1 Y\'>~d\ :' y'\ , rl I:' . ><,' . ');," / V'\/\"'\V''t \/ \v / , \f\ /,,( \",,1'( )c,\ i : :Jy)(,~~.\.y\ y . ~'\'~'/>\\ '\/\Y\)J~ '\. ,x/\ ,'x\ \ \ ':\ 1>f\\ ~ /\ '0~ iX'X: 'L\ A, Y'\/<:. \ X -~. .)/ \,./' \ /?\ .~ -~ -"-<"""/: ~T- / " ] - -'> -7 7 -7 -7 ~ o I 20 40 I I SCALE IN FEET 80 I ~ 5/5 T A VE 5 ---- r:",\/~':-:':\',-">/;'<>-/:/l STREET V ACA T I ON ""/< \/, .-',/',/< \, AREA=8,860 SQ. FT, A =PSTC ..,. SouNoTRANsrr Sco.le. C 755 liNK LIGHT RAIL PROJECT SOUTH CORRIDOR 146TH ST STREET VACATION EXHIBIT 3, +D. b=r Dro.wlng No.' I" = 40' Fileno.Me' VAC-146TH ST Contro.ct No.' Sheet No,' Rev.' Jurisdiction Dro.wing No. Do.te' o 12/14/04 __ -------=-~ __ - ~ -- _ - ~,w ~---~~~~~~~--- : ~----::::=----~ ~-~ ------------~ ~------------ ~~==-/-/=-///~, ---/--/----//- ~ ,:::: --- ~ --~- .------ ---------::- - - - ~=:=/ /- SR 599 ~--- -- -- ~ ~ G')~ "> '- -\ " ~\ ">, -<.\ ~\ \ \ \\S~;?(> -_.-/ ,,\\ ~~ :# ~ /..! · 'vi! c o \ --~ o I 25 50 I I SCALE IN FEET 100 I 5 /34TH ST ~ \ ' " ',' x,' - ,. Y G,' \,~\\~\:~~~_\~:;:\,\ STREET VACATION AREA=7, /49 SQ. FT. . l'$TC .. SOUNDTRANS'T SCClle. C 755 LINK LIGHT RAIL PROJECT SOUTH CORRIDOR 133RD ST STREET VACATION EXHIBIT 3 ' +D, (0 ~ DrClwing No,' I" = 50' FllenClMe' VAC-133RD ST ContrClct No.' Sheet No.' Rev.' Jurisdiction DrClwing No. DClte' o 12/14/04 -- \ \ \ \ 1 i \ 1 \ ~ \ \ ~ ~ \ \ ~ ~ 1 \ \ \ i \ \ , \ \ \ \ 1 \ \ ~ \ \ ~ \ , \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ DEYELOP\YiE1.n A-l'ID TRA-1.'\SIT W A- Y AGR.EE\YiE1.'\T \ \ \ \ \ \ \ 1 fo! solJl'ID TRA-1.'\SIT CE1.'\TR.i\L LIt-<'1Z LIGB-T RAJL TUlZW11A yp..EEW A Y RODTE "PROJECT .' ~, .... oet\-\ieel1 CITY Of T1J1ZW1LA, W A-S1:ll1.'\GT01.'\ ana. SO IJl'ID TRf\l'\SlT Date: Dece1llber, S, 2004 provide written notice to Sound Transit of such activities within the Light Rail Transit 'vVay, to the extent they are permitted or controlled by the City, at least twelve hours prior to COffi.lllencement of the work, unless an Emergency exists as defined herein. The City shall further exercise its best efforts to ensure that any such aCtivities done by or for the City shall be undertaken in a manner that minimizes, to the extent possible, disruption to operation of the Light Rail Transit System. 10.4 Non-Exclusive Use. Sound Transit understands that the rights granted herein are non-exclusive. The City shall have the ri~1t to agree to other non- exclusive uses or occupancies of the Light Rail Transit 'vVay. The City agrees that such uses or occupancies shall not unreasonably impair the ability of Sound Transit to operate the Light Rail Transit System. 10.5 Use Restricted. T:l1is Agreement does not authorize the prOVISIon of any services by Sound Transit other than services strictly related to the operation of the Light Rail Transit System. Sound Transit's use of the Light Rail Transit \Vay for anything other than a Light Rail Transit System shall require written permission from the City. 10.6 Ownershiv, Unless otherwise provided in this A..greement or in other City project approvals or agreements, Sound TraIlsit shall O\vTI all tracks and other Light Rail Transit Facilities on the Lig..ht Rail Tr3J.lsit 'vVay, including, \vithout limitation, improvements constructed at the cost and expense of Sound Tr3J.'1sit. Nothing in this Agreement, ho'wever, shall be consuued as granting to Sound Transit any interest or rig..ht in the Light Rail Transit 'vVay or the improvements on the Light Rail TraIJ.sit 'vVay other than the rig..hts expressly provided herein. 10.7 No Rights bv lrnolication. No rig.hts shall pass to Sound Transit by implication. \Vithout limiting the foregoing, by \vay of example and not limitation, this Agreement shall not include or be a substitute for: (a) ^ ""1"'- Ot~,~.,... pe' -rTT1~t OT' ~llthOriT::)t;O'" T00nired fio'or the pn'vI'le_,cre or" .L~.J LJ...J..........L ..:"..L......-..:..l... ;.. c:t......."'........ .................__..._ .......... ...v~........_ - -......., transacting and carrying on a businesS' \vithin the City that may be required by the ordinances llild laws of the City; or (b) Any permit, agreement or authorization required in connection with operations on or in public streets or property, including by way at example and not limitation, street cut permits; or (c ) Any permits or agreements for occupying any other property of the City to which access is not specifically granted by this Agreement. 10.8 Street Vacations. Pursua.1lt to the requirements ofTrvlC 11.60 and RC'vV 35.79, Sound Trallsit shall cooperate \vith the City \vhen it petitions for street vacations at the locations as generally described in Exhibi( ~'B," attached and incorporated 13 herein. Street vacation decisions are discretionarj decisions of the City Council after appropriate notice and public hearing. Nothin.g within this Section shall be construed to require the City Council to approve any street vacation, nor" shall the City Council's d~cision regarding any street vacation impair in any way the City's grant to Sound Transit of the right to use the Light Rail Transit \Vav as described .J in this Agreement. 10.9 Prooertv Transfers to City. In the event that Sound Transit acquires real property that the Parties agree should be transferred to the City for Public Rigt'1t-of- \V ay, such real property shall be transferred to the City pursuant to the procedures provided in Tukwila ivlunicipal Code. 11.0 CONSTRUCTION 11.1 Approval for Construction for South 154th Street Station. Sound Transit shall obtain approvr.1 from the City for the South 154th Street Station Final Construction Plans tt.Lfough submittal of a Station Building Permit application. When approving the Station Building Permit application, the City may impose such reasonable conditions as may be required to implement this ~A.greement or other TFR Project approvals. . 11.2 Approval of Construction. Sound Transit shall obtain approval from the City's Public \Vorks Director for all Light Rail Transit Facility Final Construction Pla.tls (except the South 154 th Street Station) through submittal of a Trackviay Construction Permit as described in this Agreement. \Vhen approving the Trackway Construction Permit, the Director may impose such "reasonable conditions as may be required to implement this Agreement or other TFR ProjeCt approvals. Final Construction Plans must be accompanied by Final Right-of- 'vV ay Plans. 11.3 Entry upon Light Rail Transit "Vay. Sound Transit, its employees and agents, are authorized to enter upon the Light Rail Transit \Vay to construct, operate and maintain the Light Rail Transit Facilities, ~s defined and limited in this Agreement. 11.4 Record Dra'wings. As promptly as possible, but in no event later than three months aft~r the Light Rail Transit System. begins operations, Sound Transit shall furnish to the City record drawings of the As Built Final Construction Plans. and Final Right-of- "V ay Plans. Record Drawings are lvfylars and associated electronic files prepared in _~ UTOC,AD sho\ving the as-built condi tion. 11.5 Temporary Use of Public Right-of- vV avo During construction of the Light Rail Transit System, Sound Transit may fence portions of the Public Right-of- vVay for the temporary storage of construction equipment and macerials, provided that such structures and fences (i) do not interfere with or disrupt in t~ .... ;;..... of the Parties hereto. No failure to ex~rcise and no delay in exercising, on the part of any party hereto, any rights, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. 28.11 This Agreement constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes 2..l1Y and all prior negotiations (oral and written), understandings and agreements with respect hereto. 28.12 Section headings are intended as information only, and shall not be construed \vith the substance of the section they caption. 28.13 In construction of this Agreement, words used in the singular shall include the plural and the plural the singular, and "or" is used hi the inclusive sense, in all cases \vhere such meanings \vould be appropriate. 28.14 This Agreement may be executed in several counterparts, each of\vhich shall be deemed an original, a.,,'1d all counterparts together shall constitute but-one and the same instrument. 29.0 SEVERABILITY 29.1 In case any term of this Agreement shall be held invalid, illegal or unenrorceable in whole or in p'a."rt, neither the validity or the remaining part of such term nor the validity of the remaining terms of this Agreement shall in any \vay be affected thereby. IN" 'vVITNESS 'vVREREOF, each of the Parties hereto has executed this Agreement by having its aUG10ri-z;ed representative affix hislher name in the appropriate space below: CENTRAL EUGET REGIONAL TR.A.1"fSIT AUTHORlTY (SOD1\TI TR_~"'\TSIT) /]y T}l C . ;J By: ~ bA.. / I ~ {. tU..:.-( JoaTI"~i. Earl, Chief Executive Officer C.J THF CITY OF TtJK'vVILA .<::::-'L<<V\ v\ \ V'v)<.{.Cc+-' By:~ Steven l\'lullet, 1'1ayor 30 - - ~- --- -------" - .. . ._--_.~. ---." - ---- ---._------ Date: ]Je..Ce:.'::\ Q:,~ ~ l Qt:.6 ~ 'j Date: D~cc::M.()~ s: J-O D4 \ A.uthorized by Ordinance Jd? d March 14,2005 REC~"JeD N'A D ') 0 ? 0 0- < . J .J" :.; :G:... J j u i'\ VV I L.A 0' fOLIC ' ~..Ju i VVORKS City Of Tukwila To: The City Council of the City Of Tu10Nila In regards to Resolution No. 1570 and #B. The vacation of 48th Ave S. running northeasterly from S. 134th Place to the 1-5 on ramp at SR-599. My Business, A&E Machine, Inc. is located at 4712 S. 134th Place, Seattle, W A 98168. 48th Ave. S. runs along the East side of my Building. In order for my Business to operate legally and effectively, I must have access to the South end of my buil.ding for the Fire Department. The only access to the back side of my building is 48th Ave. South. Over the last 20 years on a daily basis, I have watched numerous Semi Trucks that have gotten lost use 48th Ave to turn arouri~ in order to head back down 134th Place. My business also has semi trucks use 48th Ave to turn around. If large trucks cannot turn around on 48th Ave. I \\'ill not be able to have deliveries, which will dramatically affect my business. If Semi-trucks cannot get turned around on 48th Ave. they will become stuck in ffont of my business. Sincerely, Eric M. Schweiger Owner & President A&E Machine, Inc. 4712 S. 134th Place Seattle, W A 98168 RCW 35 . 79 CHAPTER Page 1 of3 Chapter 35.79 RCW STREETS -- VACATION RCW SECTIONS 35.79.010 Petition by owners -- Fixing time for hearing. 35.79.020 Notice of hearing -- Objections prior to hearing. 35.79.030 Hearing -- Ordinance of vacation. 35.79.035 Limitations on vacations of streets abutting bodies of water -- Procedure. 35.79.040 Title to vacated street or alley. 35.79.050 Vested rights not affected. RCW 35.79.010 Petition by owners -- Fixing time for hearing. The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the legislative authority to make vacation, giving a description of the property to be vacated, or the legislative authority may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution. [1965 c 7 g 35.79.0l0. Prior: 1957 c 156 9 2; 1901c 84 g 1, part; RRS 9 9297, part.] RCW 35.79.020 Notice of hearing -- Objections prior to hearing. Upon the passage of the resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by a written notice posted in three of the most public places in the city or town and a like notice in a conspicuous place on the street or alley sought to be vacated. The said notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition. In all cases where the proceeding is initiated by resolution of the city or town council or similar legislative authority without a petition having been signed by the oWners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county treasurer, directed to the address thereon shown: PROVIDED, That if fifty percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be prohibited from proceeding with the resolution. [l965 c 7 9 35.79.020. Prior: 1957 c 156 9 3; 1901 c 84 9 1, part; RRS 9 9297, part.] RCW 35 . 79 CHAPTER Page 2 of3 RCW 35.79.030 Hearing -- Ordinance of vacation. The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date fixed by resolution or at the time said hearing may be adjourned to. If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation. If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority. If the legislative authority detennines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the o\vners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated. The ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located. One-half of the revenue received by the city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city or town. [2002 c 55 9 l; 2001 c 202 9 1; 1987 c 228 9 l; 1985 c 2549 1; 1969 c 28 94. Prior: 1967 ex.s. c l29 9 l; 1967 c l23 9 1; 1965 c 7 9 35.79.030; prior: 1957 c 156 94; 1949 c l4 9 1; 1901 c 84 92; Rem. Supp. 1949 99298.] RCW 35.79.035 Limitations on vacations of streets abutting bodies of water -- Procedure. (1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless: (a) The vacation is sought to enable the city or town to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses; (b) The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: Port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or (c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated. (2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the city or town shall: RCW 35 . 79 CHAPTER Page 3 of3 (a) Compile an inventory of all rights of way within the city or town that abut the same body of water that is abutted by the street or alley sought to be vacated; (b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or town for any of the following purposes: Port, boat mo<;>rage, launching sites, beach or water access, park, public view, recreation, or education;. . ( c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her'objection; and (d) Make a fmding that the street or alley sought to be vacated is not suitable for any of the purposes listed under (b) of this subsection, and that the vacation is in the public interest. (3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. [1987 c 228 92.] RCW 35.79.040 Title to vacated street or alley. '. If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each. [1965 c 7 9 35.79.040. Prior: 1901 c 8493; RRS 99299.] RCW 35.79.050 Vested rights not affected. No vested rights shall be affected by the provisions of this chapter. [1965 c 7 9 35.79.050. Prior: 1901 c 84 9 4; RRS 9 9300.] TUKWILA MUNICIPAL CODE Chapter 11.60 STREET AND ALLEY VACATION PROCEDURE Sections: 11.60.010 11.60.020 11.60.030 11.60.040 11.60.050 11.60.060 11.60.070 11.60.080 11.60.090 11.60.100 11.60.110 l1.60.120 Purpose Streets Abutting Water Filing Fees and Charges Valuation and Compensation Property Trade in Lieu of Payment Waiving Compensation - Other Governmental Agencies Title to Vacated Street Procedure Limitations on Vacation Approval of Vacation Effective Date of Vacation 11.60.010 Purpose This chapter establishes street vacation policies and procedures regarding petition for vacation by owner(s) of an interest in any real estate abutting a street right-of- way pursuant to RCW 35.79. (Ord. 1995 51 (part), 2002) 11.60.020 Streets Abutting Water Streets abutting water shall not be vacated unless in compliance with RCW 35.79.030. (Ord. 1995 51 (part), 2002) 11.60.030 Filing A. The petition for street vacation shall be submit- ted to the Department. The complete application shall include a completed petition form, a vicinity map, a tax assessor's map showing all properties abutting the vacation, total of assessed land value proposed for vacation, an appraisal per TMC 11.60.050, mailing labels for all property owners within 500 feet of the vacation boundaries, and a non-refundable application fee pursuant to TMC 11.60.040. B. A completed petition form shall be one that is signed by owners of more than two-thirds of the properties abutting the street proposed for vacation. C. If the assessed value of the land proposed for vacation is greater than $10,000, the complete applica- tion shall include a fair market appraisal. D. The petition and application expire two years from date of application, if the vacation conditions have not been met and compensation paid. (Ord. 1995 51 (part), 2002) 11.60.040 Fees and Charges The Department shall be responsible for review of the petition, inspection and acceptance of all required construction, and vacation plan review. The fee for these services shall be set forth in a fee schedule to be adopted by motion or resolution of the City Council. (Ord. 1995 51 (part), 2002) 11.60.050 Valuation and Compensation A. The value of the right-of-way proposed for vacation shall be determined utilizing either of two methods: First, based on the assessed value of land abutting the street or, second, on an appraisal which was conducted no more than 3 months prior to the date of the application for vacation. Under the first method, the value shall be calculated by multiplying the total square footage of right-of-way by the assessed value per square foot of the abutting land, as set by the County Department of Records and Elections and the County Assessor's office. Under the second method of calculation, a real property appraisal from a member of the American Institute of Real Estate Appraisers will be conducted. B. If the calculated value is less than $lO,OOO.OO, the calculated value shall be used as the right-of-way value. If the calculated value is $10,000 or more, then the right-of-way value shall be set under the second method above. C. Compensation shall be one-half of the valua- tion, except any part of the right-of-way that has been part of a dedicated right-of-way for 25 years or more shall be compensated at the full valuation. D. One-half of the revenue received by the City as compensation must be dedicated to the acquisition, improvement, development and related maintenance of public open space or transportation capital projects within the City. (Ord. 1995 51 (part), 2002) 11.60.060 Property Trade in Lieu of Payment The petitioners may grant or dedicate to the City, for street or other purposes, real property which has a fair market value, set by an appraisal less than three months old, at least equal to the compensation value set in TMC 11.60.050. (Ord. 1995 51 (part), 2002) 11.60.070 Waiving Compensation. Other Governmental Agencies For a vacation petitioned by another governmental agency, the City Council may waive compensation required by this code and may waive the filing fee, if the Council determines the waiver is in the public interest. In this case, the petitioner shall record a covenant at King County Records that provides the City compensation by the current fair market value, for future sale or lease by the governmental agency of the vacated property. (Ord. 1995 51 (part), 2002) 11 -38 Printed January 14, 2003 TITLE 11 - RIGHT OF WAY USE 11.60.080 Title to Vacated Street The title to the vacated street shall be granted equally to abutting property owners. (Ord. 1995 S 1 (part), 2002) 11.60.090 Procedure Once the Department receives a complete application, the Department shall: 1. Propose a resolution to the City Council fixing a time, pursuant to RCW 35.79.010, when the matter will be heard. 2. Forward the petition and resolution to all City departments and all concerned utilities for review and comment. 3. Post on-site notification of the public hearing per RCW 35.79.020. 4. Provide notification of the public hearing to all property owners within 500 feet of the right-of-way proposed for vacation. 5. Provide the City Council all relevant information for decision deliberations during the public hearing. (Ord. 1995 S 1 (part), 2002) 11.60.100 Limitations on Vacation The vacation shall meet limitations on vacations spelled out in RCW 35.79.030 and RCW 35.79.035, and shall not prevent legal access to public right-of-way for any existing lot. (Ord. 1995 S 1 (part), 2002) 11.60.110 Approval of Vacation If the City Council approves all or part of a proposed vacation, it shall. by ordinance, vacate the property pursuant to RCW 35.79.030. The ordinance shall contain the valuation and compensation amounts, and all conditions that shall be met before the vacation is effective. (Ord. 1995 S 1 (part), 2002) 11.60.120 Effective Date of Vacation The vacation shall be effective after the parties acquiring the land have compensated the City and have met all conditions of the ordinance, and all relevant documents have been recorded with King County Records, and all applicable fees pursuant to TMC 11.60.040 have been paid to the City. (Ord. 1995 S 1 (part), 2002) Printed January 14, 2003 Page 11-39 7, CO UNCIL AGENDA SYNOPSIS k i s Initials ITEM No, f c14f i Meeting Date Prepared b I Mayors review Council rep/en) I c o J 04/04/03 J. Pace ITEM INFORMATION CAS NUMBER: 05-058 ORIGINAL AGENDA DA 1'E: 04 -04 -05 AGENDA ITEM TITLE Development agreement between Pacific Commercial Properties (PCP) and the City of Tukwila for the development of a multi family condominium project within the Transit Oriented Development (TOD) area of the Tukwila Urban Center (TUC). CA'T'EGORY Discussion Motion Resolution Ordinance Bid Award n Public Hearing Other Mtg Date Mtg Date 04 -04 -05 Mtg Date 111tg Date Mtg Date 11Itg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD (l Finance Fire Legal n P&R n Police n PLC' SPONSOR'S A developer (PCP) is interested in constructing an approximate 300 -unit mixed -use SUMMARY residential development with approximately 5,000 square feet of retail space. A public hearing is set for April 4, 2005. Upon closing the public hearing and post Council deliberation, Council is being asked to make a motion authorizing the Mayor to sign the proposed development agreement (copy attached). REVIEW-'ED BY COW Mtg. n CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Plannin g Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Hold public hearing and authorize Mayor to sign the agreement. COMM' IT EE COST IMPACT 1 FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: SEE COMMENTS BELOW. Comments: City staff /CityAttorney will be present to answer questions on the agreement. MTG. DATE RECORD OF COUNCIL ACTION MTG, DATE ATTACHMENTS 04 -04 -05 Development agreement between Pacific Commercial Properties and the City of Tukwila COUNCIL AGENDA SYNOPSIS J c qs y Liitial� o 2 ITEM NO. 4' 4e Meeting Date Pr-epgr 4 I Mayor's review Council review 3.28.05 1 S 1 ,,h..t.6`' 'S 4/4/0 .ti a� 19b 1 ITEM INFORMATION CAS NUMBER: 05-043 ORIGINAL AGENDA DA l'E: 3/28/05 AGENDA 1 1EM TITLE Zoning code amendment adding high density residential mixed -use transit oriented development in vicinity of Sounder /Amtrak Station. CATEGORY n Discussion C] Motion Resolution Ordinance Bid Award X Public Hearing Other Mtg Date Mtg Date Altg Date Mtg Date 4/4/ 01 Mtg Date Mtg Date 3/28/03 Mtg Date SPONSOR Council Mayor Adm Svcs X DCD n Finance n Fire [J Legal P&R n Police n PTV SPONSOR'S This amendment allows high density residential mixed -use transit- oriented development in the vicinity of SUMMARY Sounder /Amtrak Station in the TUC Zone. It also adds a new residential TOD parking standard. REVIEWED BY C3 COW Mtg. XC &P Cmte F &S Cmte E Transportation Cmte Utilities Cmte n Arts Comm. E Parks Comm. X Planning Comm. DATE: 02.28.05 RECOMMENDATIONS: SPONSOR /ADMIN. Recommend approval of amendment COMiMI FLEE Recommend approval of amendment COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 0 0 $0 Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 12.04 City Council is briefed and forwards to Planning Comission 3/28/05 cow discussion MTG. DATE ATTACHMENTS Staff memo to CC RE: L -05 -005: Zoning code changes to amend the TUC zoning district to 3.28.05 allow residential mixed -use development near the Commuter Rail/Amtrak Station. 3.28.05 Draft Ordinance 3 -28 -05 Minutes from CAP Meeting on February 15, 2005 3 -28 -05 Minutes from Planning Comission Public Hearing on January 27, 2005 3 -28 -05 Planning Commission packet dated January 27, 2005 Community Affairs Parks Cmte Mtg Mlnutes dated 2/15/05 (COW Meeting Mlnutes from 2/28/05 will be available at Monday's mtg excerpt only) 4/4/05 Memo from S. Lancaster dated 3/31/05 and ordinance. City of Tukwila Steven M. Mullet, Mayor Department of Community Detlelopment Steve Lancaster, Director From: Tubvila City Council Steve Lancaster, DCD Director1 March 31, 2005 To: Date: Subject: LOS-OOS: Zoning code changes to amend the TUC zoning district to allow residential mixed-use development near the Commuter Rail/Amtrak Station. The amendment discussed at the March 28 public hearing adds language to the TUC District section of the Tukwila Zoning Code that would allow mixed-use TOD residential development within a Y4 mile distance from the Rail station property. The amendment would also establish a new parking standard for this type of residential Transit-oriented Development. This change is supported by current comprehensive plan policies. At the hearing, the Tukwila City Council commented that a definition is needed to clarify the tenn "Transit-Oriented Development Housing". The addition of such a definition is now included in the amendment package. 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 y J. /908 C ity of Tukwi Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DEFINING TRANSIT- ORIENTED DEVELOPMENT HOUSING; ADOPTING REVISED REGULATIONS GOVERNING MULTI- FAMILY HOUSING IN THE TUKWILA URBAN CENTER IN ORDER TO ALLOW TRANSIT ORIENTED DEVELOPMENT IN PROXIMITY TO THE SOUNDER COMMUTER RAIL/AMTRAK STATION; REPEALING ORDINANCE NOS. 1758 §1 (PART); 1814 §2; 1830 §20, 21, 22; 1865 §34 AND 35; 1872 §7; 1971 §12; 1974 §5; 1976 §49, 50 AND 51; 1986 §9; 1989 §7; 1991 §4; 2005 §9 AND 2021 §4, AS CODIFIED IN TMC CHAPTER 18.28; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to define Transit- Oriented Development (TOD) Housing in the Zoning Code; and A the City Council. desires to allow TOD housing WHEREAS, g within the Tukwila Urban r and conditions; and nts procedures a co certain requirements, District, subject to ce Center (TUC) P 1 in the i development standards n bas c it amend the desires to City Council WHEREAS, the C C WH S e ty TUC to include TOD; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Transit-Oriented Development Housing Defined. A new definition is hereby added to Tukwila Municipal Code Chapter 18.06, "Definitions," to read as follows: 18.06.843 Transit-Oriented Development (TOD) Housing "Transit- Oriented Development (TOD) Housing" means a multiple- unit housing or mixed -use project including multiple -unit housing that is located near transit services and thus encourages people to decrease their dependence on driving. Section 2. Regulations Amended. To amend regulations governing multi- family housing in the Tukwila Urban Center in order to allow transit- oriented development in proximity to the Sounder Commuter Rail /Amtrak Station, TMC Chapter 18.28 is hereby amended to read as follows: CHAPTER 18.28 TUKWILA URBAN CENTER (TUC) DISTRICT Sections: 18.28.010 Purpose 18.28.020 Permitted Uses 18.28.030 Accessory Uses 18.28.040 Conditional Uses 18.28.050 Unclassified Uses 18.28.060 On -Site Hazardous Substances 18.28.070 Design Review 18.28.080 Basic Development Standards Zoning Code Amend in TUC 4/1/05 Page 1 of 7 18.28.010 Purpose This district implements the TUC Comprehensive Plan designation. It is intended to provide an area of high- intensity regional uses that include commercial services, offices, light industry, warehousing and retail uses. Development is intended to be pedestrian friendly, with a strong emphasis on a safe and attractive streetscape. 18.28.020 Permitted Uses The following uses are permitted outright within the TUC district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars nor travel trailers nor sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or poolrooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking, provided it is a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Day care centers. 17. Financial: a. banking; b. mortgage; c. other services. 18. Fix-it, radio or television repair shops/ rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. Zoning Code Amend in TUC 3/31/05 Page 2 of 7 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data /telecommunication centers 26. Laundries; a. self- serve; b. dry cleaning; c. tailor, dyeing. 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or packaging of foods, including but not limited to baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 29. Manufacturing, processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 30. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 31. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 32. Medical and dental laboratories. 33. Mortician and funeral homes. 34. Motels. 35. Offices, including: a. medical; b. dental; c. government; excluding fire and police stations; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 36. Outpatient, inpatient, and emergency medical and dental. 37. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 38. Pawnbrokers 39. Planned shopping center (mall). 40. Plumbing shops (no tin work or outside storage). 41. Railroad tracks (including lead, spur, loading or storage). 42. Recreation facilities (commercial indoor) athletic or health clubs. 43. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 45. Restaurants, including: a. drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant. Zoning Code Amend in TUC 3/31/05 Page 3 of 7 46. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 47. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 48. Schools and studios for education or self improvement. 49. Self- storage facilities. 50. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 51. Studios art, photography, music, voice and dance. 52. Taverns, nightclubs. 53. Telephone exchanges. 54. Theaters, excluding "adult entertainment establishments as defined by this Code. 55. Warehouse storage and or wholesale distribution facilities. 56. Other uses not specifically listed in this Title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district and b. consistent with the stated purpose of this district and c. consistent with the policies of the Tukwila Comprehensive Plan. 18.28.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use and clearly incidental to such permitted use are allowed within the TUC district. 1. Adult day care. 2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC 18.50.060. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Home occupation. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. 18.28.040 Conditional Uses The following uses may be allowed within the TUC district, subject to the require- ments, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Bed- and Breakfast lodging; must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. Zoning Code Amend in TUC 4/1/05 Page 4 of 7 7. Dwelling Multi family units (max. 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non- industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 8. Transit oriented development housing (which is allowed to 65 units /acre as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than one quarter mile from the Sounder Commuter Rail /Amtrak Station property. 9. Drive -in theaters. 10. Electrical substations distribution. 11. Fire and police stations. 12. Hospitals, sanitariums, or similar institutions. 13. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 14. Park and ride lots. 15. Radios, television, microwave, cellular or observation stations and towers. 16. Recreation facilities (public) including, but not limited to sports fields, community centers, and golf courses. 17. Schools, preschool, elementary, junior or high schools, and equivalent private schools. 18.28.050 Unclassified Uses The following uses may be allowed within the TUC district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, "Unclassified Use Permits." 1. Airports, landing fields and heliports (except emergency sites). 2. Conversions of rental multi- family structures to condominiums or owner- occupied multi- family housing, but excluding the construction of new condominium or owner- occupied multi- family housing. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Mass transit facilities. 18.28.060 On -Site Hazardous Substances No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use On -site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). 18.28.070 Design Review Design review is required for all commercial structures larger than 1,500 square feet, and for all structures containing multi- family development. Commercial structures between 1,500 and 2,500 square feet and multi- family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. Zoning Code Amend in TUC 4/1/05 Page 5 of 7 18.28.080 Basic Development Standards Development within the TUC district shall conform to the following listed and referenced standards: TUC BASIC DEVELOPMENT STANDARDS: Lot area per unit (multi- family, 2,000 sq. ft. except senior citizen and TOD), minimum Setbacks to yards, minimum: Front 15 feet Second front 15 feet 1 Sides 1 10 feet 1 Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR -1st floor 1 10 feet 2nd floor 1 20 feet 1 3rd floor 30 feet 1 Rear 10 feet 1 Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR -1st floor 1 10 feet 2nd floor 1 20 feet 3rd floor 1 30 feet 1 Height, maximum 115 feet 1 Landscape requirements, minimum See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements Front 15 feet required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to approval as a Type 2 special permission decision. Sides 1 None Sides, if any portion of the yard is 10 feet within 50 feet of LDR, MDR, HDR Rear 1 None 1 Rear, if any portion of the yard is 10 feet within 50 feet of LDR, MDR, HDR Recreation space 200 sq. ft. per dwelling unit, 1,000 sq. ft. min. Recreation space, senior citizen 100 sq. ft. per dwelling unit housing Off Street Parking Residential (except senior citizen See TMC Chapter 18.56, Off street housing) Parking /Loading Regulations Office 3 per 1,000 sq. ft. usable floor area minimum Retail 4 per 1,000 sq. ft. usable floor area minimum Manufacturing 1 per 1,000 sq. ft. usable floor area minimum Warehousin 1 per 2,000 sq. ft. usable floor area minimum Other uses, incl. See TMC Chapter 18.56, Off street senior citizen housin Parking /Loading Regulations Zoning Code Amend in TUC 3/31/05 Page 6 of 7 TOD housing 1 per one bedroom unit 2 per unit with two plus bedrooms Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust; smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 3. Repealer. Ordinance Nos. 1758 §1 (part); 1814 §2; 1830 §20, 21, 22; 1865 §34 and 35; 1872 §7; 1971 §12; 1974 §5; 1976 §49, 50 and 51; 1986 §9; 1989 §7; 1991 §4; 2005 §9 and 2021 §4, as codified in TMC Chapter 18.28, are hereby repealed. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. 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 2005. ATTEST/ AUTHENTICATED: r e Mayor Steven n M. Mullet, Y Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Zoning Code Amend in TUC 3/31/05 Page 7 of 7 COUNCIL AGENDA SYNOPSIS rr Q '�y ITEM NO. lilltla�i _4" Meeting Date Prepa ed ley Mayor's review Council review s) March 28, 2005 ‘t yg0a ITEM 1 ORMATION CAS NUMBER: 05-044 ORI IN AL AGENDA DATE: 3 AGENDA ITEM TITLE Adoption of a proposed amendment to the current TOD moratorium ordinance. The amendment would provide a moratorium exemption for residential mixed -use TOD within one quarter mile of the Sounder Commuter Rail /Amtrak Station. CX'1'EGORY Discussion Motion E Resolution X Ordinance n Bid Award FPublic Hearing Other 1ltg Date Mtg Date Mtg Date lltg Date 4/ 4/05 lltg Date lltg Dat llt Date x/28/05 SPONSOR Council n Mgyor Adm Svcs X DCD Finance Fire E Legal P&R Police n PTV SPONSOR'S Council must decide whether to amend the current ordinance to specifically exempt SU L \l-ARY mixed -use residential TOD from the Longacres TOD moratorium REVIEW`'ED BY ❑COW Mtg. (nCA &P Cmte F &S Cmte Transportation Cmte E Utilities Cmte n Arts Comm. Parks Comm. Planning Comm. DATE: 2/15/05 RECOMMENDATIONS: SPONSOR /ADMIN. Recommend adoption of the proposed ordinance amendment COMMI'1'IEE COST IMPACT 1 FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $None Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/28/05 Discussed at COW; forwarded tp 4/4/05 Reg. Mtg. for formal action. MTG. DATE ATTACHMENTS 3.28.05 Memo to TCC RE: Adoption of amendment to TOD moratorium ordinance. 3.28.05 Proposed ordinance amending Ordinance No 1996 Community Affairs Parks Cmte Mtg Minutes dated 2/15/05 (COW Meeting Minutes from 2/28/05 will be available at Monday's mtg excerpt only) 4/4/05 Memo from S. Lancaster dated 3/31/0 and ordinance. City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director To: Tukwila City Council Steve Lancaster, DCD Directo~ March 31, 2005 From: Date: Subject: Amendment to add moratorium exemption for residential mixed-use Transit- Oriented Development within one-quarter mile of the Commuter Rail/Amtrak Station The proposed amendment will leave the moratorium in place, but better define what type of development is allowed under the moratorium. Based upon City Council comments, staff has updated the whereas clauses regarding the moratorium history and clarified the exemption. 6300 South center Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 J. h!q V fO Z t 0 s ,i,\`' 1 GZ Vi 18 Fl y �9�0 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1996, AS RENEWED BY ORDINANCE NOS. 2014, 2025, 2037, 2054 AND 2081, ADDING AN SIX-MONTH EXEMPTION PROVISION TO THE MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR TRANSIT ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAIL/AMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City recognized the unique opportunity to promote a more compact, mixed use, pedestrian supportive pattern of development that makes effective use of its proximity and accessibility to the Sounder commuter rail and Amtrak station in Tukwila, and includes a mix of retail, service, office and residential uses; and WHEREAS, a more intensive pattern of transit-oriented development (TOD) would assist the City with the redevelopment of the Tukwila Urban Center (TUC), one of thirteen designated urban centers within King County, and provide workers with commercial, public and recreational services close to where they live or work; and WHEREAS, a more intensive pattern of TOD would benefit the region by assisting in achieving Growth Management Act requirements and increasing local and regional transit ridership; and WHEREAS, the City of Tukwila adopted Ordinance No. 1996 in September 2002, establishing a six -month moratorium on the acceptance of applications for certain land divisions, and development activities and land uses within the area designated for TOD around the temporary commuter rail /Amtrak Station at Longacres; and WHEREAS, the moratorium established by Ordinance No. 1996 was subsequently renewed by Ordinance No. 2014 in March 2003; Ordinance No. 2025 in August 2003; Ordinance No. 2037 in February 2004, Ordinance No. 2054 in July 2004; and Ordinance No. 2081 in January 2005; and WHEREAS, the City desires to provide for an exemption to the moratorium for residential mixed -use TOD projects within one quarter mile of the Sounder Commut Rail /Amtrak Station property; and WHEREAS, this exemption is intended to allow the City to seize the opportunity presented by a proposed mixed -use residential project in the TOD area of the TUC, said "pilot" project constituting a significant first step toward achieving our land use and transportation goals for the TOD area and the TUC Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE QTY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 1996 Amended. Ordinance No. 1996, as renewed by Ordinance Nos. 2014, 2025, 2037, 2054 and 2081, is hereby amended by the addition of a new Section. All other provisions of these moratorium ordinances shall remain in full force and effect as adopted. The new Section shall read as follow: Moratorium Exemption 4/1/05 Page 1 of 2 Seri 6 FXemr+ inn. Residential mixed -use transit- oriented development projects within one quarter mile of the Sounder Commuter Rail /Amtrak Station property are specifically exempted from this moratorium except for property located within 100 feet of the Burlington Northern Railroad right of way. Property located within 100 feet of the Burlington Northern Railroad right -of- way continues to be subject to the moratorium unless said property is to be developed under an approved development agreement with the City of Tukwila. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2005. ATTEST/ AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk. APPROVED AS TO FORM BY: Passed by the City Council Published. Effective DatP• Office of the City Attorney Ordinance Number Moratorium Exemption 3/31/05 Page 2 of 2 COUNCIL AGENDA SEVOPSIS Initials ITEM NO. I X 1 4 4 S Meeting Date Prepared by Ma yor's review Council review t— I 04/04/05 1 KAF 1 r5 rsoa 1 ITEM INFORMATION CAS NUMBER: 05-059 ORIGINAL AGENDA DA'L'E: APRIL 4, 2005 AGENDA ITEM TITLE Tukwila Station Property Exchange Agreement CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 04/04/05 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P Police PW SPONSOR'S Attached for Council consideration is a property exchange agreement between the City SUMMARY and Pacific Commercial Properties (PCP). The agreement was prepared by City Attorney Kerslake. The property exchange proposal was reviewed with the Community Affairs Parks Committee on February 15, 2005, the Lodging Tax Advisory Committee on March 3, 2005, and the Committee of the Whole on March 28, 2005 REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: March 28, 2005 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize the Mayor to sign the Property Exchange Agreement COMMI FI EE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTO. [SATE ATTACHMENTS .4141 4 5 1 Property Exchange Agreement PROPERTY EXCHANGE AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into as of this day of , 2005, by and between the City of Tukwila, a municipal corporation ("City" or "the City"), and Pacific Commercial Properties ("PCP"). RECITALS A. The City is the owner of certain real property commonly known as Tax Parcel No. 2423049034 in the City of Tukwila, King County, Washington, legally described in Exhibit A attached hereto and incorporated herein by this reference ("City Property"). B. PCP is the owner of certain real property commonly known as Tax Parcel Nos. 2423049137 and 0005800013, in the City of Tukwila, King County, Washington, legally described in Exhibit B attached hereto and incorporated herein by this reference ("PCP Property"). C. The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway ("Strander Project"). This alternative would require the relocation of the Union Pacific Railroad ("UPRR") right-of-way from its current location to a location adjacent and west of the existing Burlington Northern right-of-way. This property would be owned by PCP. Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. Therefore, the Parties wish to exchange property at the present time and further agree to deed other certain property at the time the Strander Proj ect is built. AGREEMENT The Parties hereto agree as follows: 1. Recitals Incorporated. The above recitals are incorporated herein as part of the substantive terms of this Agreement. 2. Property Exchange and Consideration. PCP, or its designated assigns pursuant to Section 20 of this Agreement, agrees to convey the PCP Property, legally described in Exhibit "B", to the City by Statutory Warranty Deed upon Closing, as set forth in Section 9 of this Agreement. As just compensation for the PCP Property, the City agrees to convey the City Property, legally described in Exhibit "A", to PCP by Statutory Warranty Deed at Closing. Page 1 of9 G:\City Attomey\DCD\CONTRACTS\Tukwila2 - fix.DOC 3. Tax Consequences. Neither party makes any representations or warranties, express or implied, regarding the actual tax consequences of the property exchange. 4. Condition of Title - City Property. (a) City Property Title Commitment. The City shall, as soon as practicable, cause to be furnished to PCP a commitment for an owner's standard coverage policy of title insurance ("City Property Title Commitment") issued through a title company mutually approved by PCP and the City ("Title Company"), describing the City Property, listing PCP as the prospective named insured, and showing six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) as the policy amount. (b) Review of City Property Title Commitment. PCP shall have until ten (10) days after receipt of the City Property Title Commitment in which to notify City of any objections PCP has to any matters shown or referred to in the City Property Title Commitment. Except as expressly set forth herein, any exceptions or other items which are set forth in the City Property Title Commitment to which PCP does not object within the 10-day review period shall be deemed to be pennitted exceptions ("PCP Pennitted Exceptions"). Building, zoning~ subdivision or use restrictions applicable to the City Property shall be considered PCP Pennitted Exceptions. With regard to items to which PCP objects, the following shall apply: (i) City shall have ten (10) days from receipt of PCP's objections to notify PCP whether it agrees to remove the unpennitted exceptions set forth in PCP's objections; (ii) If City does not agree to remove such unpennitted exceptions, PCP may, within ten (10) days, waive and withdraw its objections; and (iii) If the City agrees to remove such objections, the City shall use all reasonable efforts to cure such objections by the date of Closing. If the City is unable to cure such objections by the date of Closing, PCP may, as PCP's sole remedy, waive the objections not cured and proceed to Closing or tenninate this Agreement by notice to the City. 5. Condition of Title - PCP Property. (a) PCP Property Title Commitment. PCP shall, as soon as practicable, cause to be furnished to City a commitment for an owner's standard coverage policy of title insurance ("PCP Property Title Commitment") issued through the Title Company, describing the PCP Property, listing City as the prospective named insured, and showing Six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) as the policy amount. Page 2 of9 G:\City Attorney\DCmCONTRACTS\Tukwila2 - fix.DOC (b) Review of PCP Property Title Commitment. City shall have until ten (10) days after receipt of the PCP Property Title Commitment in which to notify PCP of any objections City has to any matters shown or referred to in the PCP Property Title Commitment. Except as expressly set forth herein, any exceptions or other items which are set forth in the PCP Property Title Commitment to which City does not object within the 10-day review period shall be deemed to be pennitted exceptions ("City Pennitted Exceptions"). Building, zoning, subdivision or use restrictions applicable to the PCP Property shall be considered City Pennitted Exceptions. (i) PCP shall have ten (10) days from receipt of City's objections to notify the City whether it agrees to remove the unpennitted exceptions set forth in the City's objections; (ii) If PCP does not agree to remove such unpennitted exceptions, the City may, within ten (10) days, waive and withdraw its objections; and (iii) If PCP agrees to remove such objections, PCP shall use all reasonable efforts to cure such objections by the date of Closing. If PCP is unable to cure such objections by the date of Closing, City may, as City's sole remedy, waive the objections not cured and proceed to Closing or tenninate this Agreement by notice to PCP. 6. Conditions Precedent. The Parties' obligations under this Agreement and the effectiveness of this Agreement shall be subject to the following conditions precedent: (a) Inspection Contingency. This Agreement is conditioned on an inspection report of the City Property. Within twenty (20) days of the mutual acceptance of this Agreement, PCP shall arrange an inspection of the City Property. The inspection report shall be prepared by a professional inspector of PCP's choice approved by the City and at PCP's expense. PCP may disapprove the inspection report on the basis of any condition identified in the inspection report that the inspector recommends be corrected. This contingency shall conclusively be deemed satisfied unless, by June 30, 2005, City receives from PCP written notice of disapproval identifying the condition( s) contained in the inspection report to which PCP objects and a copy of the inspection report. If City does not agree in writing to correct the condition( s) identified by PCP, then within three days thereafter, PCP may elect to tenninate this Agreement, in which event this Agreement shall be null and void and of no further force and effect. City hereby grants to PCP and its agents, employees, and independent contractors right of entry onto the City Property to make such soil tests and such other investigation as PCP may deem reasonably necessary; provided, however, that such investigation shall not cause any damage to the City Property. PCP shall hold City hannless from and against any and all liabilities incurred by PCP by reason of damage to persons or property arising from the negligent or intentional acts or omissions of PCP or its agents on the City Property. Furthennore, PCP shall not pennit any lien to be placed on the City Property by any person hired by PCP for the purpose of examining, Page 3 of9 G:\City Attomey\DCD\CONTRACTS\Tukwila2 - fix.DOC inspecting, or surveying the City Property. If any such lien or other charge of any kind is placed on the City Property, PCP shall promptly discharge it by paying the amount claimed or posting a bond in lieu of the lien. (b) This Agreement is contingent upon the Parties entering into a Development Agreement, attached as Exhibit "C". 7. Disclosure. (a) City Property Disclosure. PCP acknowledges that, except as expressly set forth in this Agreement, neither City nor any agent or representative or purported agent or representative of City has made, and City is not liable for or bound in any manner by, express or implied warranties, guaranties, promises, statements, inducements, representations, or infonnation pertaining to the City Property or any part thereof, the physical condition, title, size, zoning, thereof, the uses which can be made of the same or the fitness of any part thereof for any particular purpose or any other matter or thing with respect thereto. Without limiting the foregoing, PCP acknowledges and agrees that City is not liable for or bound by (and PCP has not relied upon) any oral or written statements, representations, or any other infonnation respecting to the City Property or any portion thereof furnished by City or any other broker, employee, agent, consultant, or other person representing or purportedly representing City. (b) PCP Property Disclosure. City acknowledges that, except as expressly set forth in this Agreement, neither PCP nor any agent or representative or purported agent or representative of PCP has made, and PCP is not liable for or bound in any manner by, express or implied warranties, guaranties, promises, statements, inducements, representations, or infonnation pertaining to the PCP Property or any part thereof, the physical condition, title, size, zoning thereof, the uses which can be made of the same or the fitness of any part thereof for any particular purpose or any other matter or thing with respect thereto. Without limiting the foregoing, City acknowledges and agrees that PCP is not liable for or bound by (and City has not relied upon) any oral or written statements, representations, or any other infonnation respecting the PCP Property or any portion thereof furnished by PCP or any other broker, employee, agent, consultant or other person representing or purportedly representing PCP. 8. Hazardous Materials. (a) PCP Property Hazardous Materials. PCP hereby represents and warrants to City that the PCP Property is not and has not been, during the period of PCP's ownership of the PCP Property, used for the storage or disposal of any toxic or hazardous waste, material, or substance and that no known hazardous materials or substances exist on the PCP Property. PCP hereby agrees to indemnify and hold City hannless from any and all loss, damage, liability, and expense (including reasonable consultant and attorneys' fees) incurred by City arising out of or related to PCP's breach of this Section. Page 4 of9 G:\City Attorney\DCmCONTRACTS\Tukwila2 - fix.DOC PCP further agrees to submit copies of all materials currently in its possession regarding any testing of the PCP Property for hazardous materials to City. Additionally, PCP shall, at PCP's expense and by May 31, 2005, provide the City with a Level One Environmental Report. If such report shows any reasonable possibility of environmental contamination, PCP shall provide City with a Level Two Environmental Report by June 30, 2005. If the Level Two Environmental Report shows any reasonable possibility of environmental contamination, the Parties agree that City may tenninate this Agreement with no penalty by written notice to all Parties not later than sixty (60) days after receipt of the Level Two Environmental Report. (b) City Property Hazardous Materials. Except as referenced in any reports provided by City, City hereby represents and warrants to PCP that the City Property is not and has not been (during the period of City's ownership of the City Property) used for the storage or disposal of any toxic or hazardous waste, material, or substance, and no known hazardous materials or substances exist on the City Property. City hereby agrees to indemnify and hold PCP hannless from any and all loss, damage, liability, and expense (including reasonable consultant and attorneys' fees) incurred by PCP arising out of or related to City's breach of this Section. City further agrees to submit copies of all materials currently in its possession regarding any testing of the City Property for hazardous materials. Such materials shall be supplied to PCP prior to signing this Agreement. City shall, at City's expense and by May 31, 2005, provide PCP with a Level One Environmental Report. If such report shows any reasonable possibility of environmental contamination, City shall provide PCP with a Level Two Environmental Report by June 30, 2005. If the Level Two Environmental Report shows any reasonable possibility of environmental contamination, the Parties agree that PCP may tenninate this Agreement with no penalty by written notice to all Parties not later than sixty (60) days after receipt of the Level Two Environmental Report. 9. Closing. (a) Time and Place for Closing. Within thirty-five (35) days after the date that all of the conditions precedent set forth in Sections 5, 6 and 7 above have been satisfied (or such other date as the Parties may agree), the closing ("Closing") shall take place. (b) Events at Closing. (i) At Closing, City shall deliver to PCP the following: (A) A Statutory Warranty Deed duly executed and acknowledged by City conveying the City Property to PCP; Page 5 of9 G:\City Attomey\DCmCONTRACTS\Tukwila2 - fix.DOC (B) A standard coverage policy of Title Insurance issued by the Title Company confonning to the requirements of Section 5 above insuring PCP's title in the amount of Six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) and containing no exceptions other than the PCP Pennitted Exceptions; and (C) A Non-Foreign Affidavit duly executed and acknowledged by City. (ii) At Closing, PCP shall deliver to City the following: (A) A Statutory Warranty Deed duly executed and acknowledged by PCP conveying the PCP Property to City; (B) A standard coverage policy of Title Insurance issued by the Title Company confonning to the requirements of Section 5 above insuring City's title in the amount of Six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) and containing no exceptions other than the City Pennitted Exceptions; and (C) A Non-Foreign Affidavit duly executed and acknowledged by PCP. ( c) Expenses. The expenses associated with the above transactions shall be allocated among the Parties as follows: (i) Escrow Fees. The City and PCP shall share all escrow fees charged by the Title Company equally. (ii) Attorneys' Fees. Subject to Section 11 below, each party shall pay its own attorneys' fees. (iii) Costs. Each party shall pay its own transaction costs associated with this Agreement. (d) Prorations. Real estate taxes, installments of current year special assessments (if and to the extent they are approved exceptions), utility charges, and other operating income or expenses applicable to the City Property and the PCP Property shall be prorated up to and including the date of Closing, based upon the actual days involved. To the extent that the amounts of such charges, expenses, and income referred to in this Section are unavailable at the Closing date or in the event of prorations made on the basis of erroneous infonnation or clerical errors, a readjustment of these items shall be made within thirty (30) days after Closing or as soon as practical after discovery of any Page 6 of9 G:\City Attomey\DCmCONTRACTS\Tukwila2 - fix.DOC erroneous infonnation or clerical error. After Closing, City shall be responsible for all expenses related to the PCP Property and PCP shall be responsible for all expenses related to the City Property. City and PCP shall, on or before Closing, furnish each other and the Title Company with all infonnation necessary to compute the prorations provided for in this Section. 10. Default. Any party hereto shall be in default hereunder if such party shall fail to comply with any tenn, covenant, agreement, or obligation on its part required, within the time limits and in the manner required in this Agreement. In the event of a default hereunder, the non-defaulting party or parties shall be entitled to pursue all remedies available at law or in equity, including, but not limited to, specific perfonnance. 11. Attorneys' Fees. If it shall be necessary for any party hereto to employ an attorney to enforce its rights pursuant to this Agreement because of the default of another party, the non-defaulting party shall be entitled to recover from the defaulting party or parties all costs, including reasonable attorneys' fees, incurred in connection with such default. 12. Brokerage Commission. Each party hereto represents and warrants that it has not dealt with or engaged any real estate broker in connection with the above transactions. Each party agrees to indemnify, defend, and hold hannless the other party from and against any claims or liability attributable to such party's breach of the foregoing representation and warranty. 13. Notices. All notices, demands, requests, and other communications required or pennitted hereunder shall be in writing and shall be deemed delivered on the earlier of (i) three days after posting of registered or certified mail, addressed to the addressee at its address set forth below or at such other address as such party may have specified theretofore by notice delivered in accordance with this Section, or (ii) actual receipt by the addressee, as follows: TO CITY: City of Tukwila Attn: City Clerk 6200 Southcenter Blvd. Tukwila, W A 98188 With a copy to: Ms. Shelley Kerslake, Esq. Kenyon Disend, PLLC 11 Front St. So. Issaquah, W A 98027 Page 7 of9 G:\City Attomey\DCmCONTRACTS\Tukwila2 - fix.DOC TO PCP: Ken Kester P.O. Box 53405 Bellevue, W A 98015 14. Governing Law: Venue. The laws of the State of Washington shall govern the validity, enforcement, and interpretation of this Agreement. Any dispute or cause of action under this Agreement shall be resolved in King County Superior Court, State of Washington. 15. Mutual Agreement. Both Parties agree that this Agreement has been mutually negotiated and drafted with the advice of legal counsel and that in the event of a dispute arising out of this Agreement, neither party shall be construed as the drafting party. 16. Integration: Modification: Waiver. This Agreement constitutes the complete and final expression of the agreement of the Parties with respect to the herein described transactions, and supersedes all previous contracts, agreements, and understandings of the Parties, either oral or written. This Agreement cannot be modified, or any of the terms hereof waived, except by an instrument in writing (referring specifically to this Agreement) executed by the party against whom enforcement of the modification or waiver is sought. 17. Counterpart Execution. This Agreement may be executed in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. 18. Invalid Provisions. If anyone or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provision shall not be affected thereby. 19. Binding Effect. This Agreement shall be binding upon and inure to the benefit of each party hereto, and their respective heirs, personal representatives, successors, and assigns. 20. Assignment. No party may assign its rights hereunder without the written consent of the other party, which consent shall not be unreasonably withheld. For purposes of this Agreement, a party's refusal to consent to a proposed assignment shall be deemed reasonable if such assignment would cause any of the above transactions not to qualify as exchanges pursuant to Section 1031 of the Internal Revenue Code, as amended. 21. Authority. City warrants that the City Council of the City has lawfully approved this Agreement and has authorized its Mayor to execute this Agreement and Page 8 of9 G:\City Attorney\DCmCONTRACTS\Tukwila2 - fix.DOC lawfully bind the City to its tenns. PCP warrants that its shareholders, executive officers, and directors are fully authorized to enter into this Agreement and lawfully bind PCP to its tenns. CITY OF TUKWILA By: Steven M. Mullet, Mayor Approved as to Fonn: By: Shelley M. Kerslake, City Attorney PACIFIC COMMERCIAL PROPERTIES By: Its: Page 9 of9 G:\City Attomey\DCmCONTRACTS\Tukwila2 - fix.DOC COUNCIL AGENDA Siwosis s y r o Initial ITEM No. -i ist t Meeting Date 1 Prepared by Mayor's review I Council review 1 ii t u� r 03/28/05 SK fr T a r 4/4/05 1 h. 1 fJ L ITEM INFORMATION CAS NUMBER: 05-045 ORIGINAL AGENDA DATE: 03/28/05 AGENDA ITEM TITLE Interlocal agreement for hearing examiner services CATEGORY Discussion Motion n Resolution Ordinance Bid Award n Public Hearing Other l ftg Date 3/28/05 Mtg Date it itg Date il-Itg Date4 4/ 05 1lltg Date Mtg Date Mtg Date SPONSOR Council Mayor n Adm Svcs DCD Finance Fire Legal 11 P&R Police I PJV SPONSOR'S An interlocal agreement with the City of Seattle to provide hearing examiner services for SUMMARY the City of Tukwila. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte n Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DATE: 03/15/05 RECOMMENDATIONS: SPONSOR/ADMIN. Forward to Council meeting for approval. COMMrT1EE Forward to COW meeting. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED So So So Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/28/05 Discussed at COW; forwarded to 4/4/05 Reg. Mtg. for formal action. MTG. DATE ATTACHMENTS 03/28/05 Staff report (to CA &P Cmte) from Shelley Kerslake dated 3/8/05 (with attachments) 1 Proposed contract signed by the City of Seattle Minutes from Community Affairs Parks Cmte dated 3/15/05 4/4/05 No attachments. Co UNCIL AGENDA Sv2voPsIs LA v Initials ITEM No. 1 i; 6) Meeting Date f Prepared by 1 Mayor's review Council review tLi z 3/28/05 1 BG 1 f k J t,''' 4 7908 ITEM INFORMATION CAS NUMBER: 05-047 ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEM TITLE Strander Blvd Upgrade Pump Station #17 Consultant Supplements with PACE CATEGORY Discussion j Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 4/ 4/ 0 EMt Date Mtg Date Mg Date Mtg Date Mtg Date: 3/28/05 SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P Police PI/ SPONSOR'S In December 2003, Penhallegon Associates, Inc. (PACE) began design of the Strander Blvd SUALMARY Upgrade Project. Final design is complete and the bid award for construction is underway. Two supplements are for PACE to perform construction management services for $204,386.00 and additional design work for $18,425.00, bringing the new contract total to $415,556.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte El Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 3/22/05 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign two supplements with PACE. COMMI "1 -1'EE Authorize Mayor to sign supplements and forward to COW COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $415,556.00 $2,177,000.00 Fund Source: 412 Surface Water (page 122, 2005 CIP) Comments: See Bid Award memo for detail on budgeted amount. MTG. DATE RECORD OF COUNCIL ACTION 3/28/05 Discussed at COW; forwarded to 4/4/05 Reg. Mtg. for formal action. MTG. DATE ATTACHMENTS 3/28/05 Information Memo dated March 9, 2005 Consultant Supplements with Scope of Work Utilities Committee Meeting Minutes from March 22, 2005 4/4/04 I Updated information memo dated March 9, 2005. Supplemental Agreements Nos. 1 &2 showing time extension. INFORMATION MEMO To: ^ OJ. Mayor Mullet From: ~Public Works Director Date: March 9, 2005 Subject: Strander Blvd Pipe Replacement Project No. 86-DROl, Contract No. 03-146 Supplemental Agreement No. 1/ Budget Line Item No. 412/02.594.382.41.08 Supplemental Agreement No. 2/ Budget Line Item No. 412/02.594.381.41.08 ISSUE Approve Supplemental Agreement Nos. 1 and 2 for Contract No. 03-146 with Penhallegon Associates, Inc. BACKGROUND Consultant Agreement No. 03-146 included project administration, environmental permitting, utility coordination, and [mal plans, specifications, and estimate (PS&E) for the Strander Blvd Pipe Replacement Project. Supplemental Agreement No.1 adds construction management and inspection services to the agreement. This supplement includes full-time construction inspection and project management with Entranco as a sub consultant to PACE, Inc. Supplemental Agreement No.2 includes additional preliminary engineering costs that have been incurred by the consultant due to time delays in securing Endangered Species Act (ESA) approvals, design of a new water quality device per requirements recently received from the US Fish and Wildlife Service, additional coordination meetings with City staff, and added coordination with the Corps of Engineers for permit approvals. ANALYSIS Supplement No.1 is required for contract project management due to extremely high workload of City staff, and construction engineering was included in the budget for this project. Additional design tasks outlined in Supplement No.2 were required to meet requirements of permitting agencies that were not anticipated in the original agreement. These changes included provisions for cultural resource monitoring during pump station excavation, a new water quality device sized for the entire existing basin, additional pump controls to allow shut off of the station at 12,000 CFS, and review with the Army Corps for changes proposed by the KC Flood Control District on pipe backfill materials. Their contract schedule has been extended to a new completion date of May 31, 2006. RECOMMENDATION Approve Supplemental Agreement No.1 for $204,386.00 for construction management and inspection services and Supplemental Agreement No.2 for $18,425.00 for additional permit-related design modifications . RL/BG attachments: Supplemental Agreement No.1 Supplemental Agreement No.2 (P:Projects\A- DR ProjeclS\86DR01\Supplement Nos. I and 2) SUPPLEwlliNTALAGREEwlliNTNUNffiER1 TO CONSULTANT AGREElVIENT NlJlVffiER 03-146 THIS SUPPLElVIENTAL AGREElVIENT is entered Into between the City. of Tukwila, vVashington, herein-after referred to as lithe City", and Penhallegon Associates Consulting Engineers (PACE), Inc., hereinafter referred to as lithe Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, November 12, 2003 and identified as Agreement No. 03-146. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services is hereby changed to include the attached exhibits A-I, B-1, C-I and D-l. 2. Payment, shall be amended as follows: Payment for the work provided by the Consultant as part of this supplement shall be made and the total amount of payment to the Consultant for this work shall not exceed $204,386 without express written modification of the Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $397,131.00 3. Time for Performance, is amended to change the number of calendar days for completion of the work to read: Work under this contract shall commence upon the giving or written notice by the City to the Consultant to proceed. The Consultant shall perfonn all services and provide all work product required pursuant to this Agreement bv lVlav 31. 2006, unless an extension of such time is granted in writing by the City. DATED this day of ,20_. CITY OF TUKWILA CONSULTANT By: ~ 4t Jki-- Steven M. Mullet, Mayor Printed Name: Kenneth H Nilsen Title: Vice President SUPPLEMENTAL AGREEJVlENT N1JMBER 2 TO CONSULTANT AGREEJVIENT ~lJNIBER 03-146 THIS SUPPLEMENTAL AGREElVIENT is entered into between the City of Tukwila, Washington, herein-after referred to as "the City", and Penhallegon Associates Consulting Engineers (PACE), Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, November 12, 2003 and identified as Agreement No. 03-146. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services, is hereby changed to include reimbursement for the following items: a. The prolonged project schedule as a result of time delays due to length of time to secure Endangered Species Act (ESA) approval resulted in ongoing coordination, management and administration costs. The original construction was anticipated to begin in September 2004. We now anticipate construction to begin in spring of 2005. b. The requirement by Washington State Ecology to provide a stonn water quality treatment device for ESA approval resulted in additional permit coordination effort with the review agencies, as well as time to select and design the appropriate water quality treatment device for the project, revise construction plans and details, and update the hydraulic calculations and drainage report. c. Additional coordination meeting with City staff. d. Additional coordination with the Corps of Engineers following the completion of the design. 2. Payment, shall be amended as follows: Payment for the work provided by the Consultant as part of this supplement shall be made and the total amount of payment to the Consultant for this work shall not exceed $18,425 without express written modification of the Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is shown below: Original Contract Supplemental 1 (Construction Management & Inspection) Supplemental 2 (Design Scope Modifications) TOTAL CONTRACT $192,745.00 $204,386.00 $18,425.00 $415,556.00 3. Time for Performance, is amended to change the number of calendar days for completion of the work to read: Work under this contract shall commence upon the giving or written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement hv iVlav 31, 2006, unless an extension of such time is granted in writing by the City. DATED this . day of ,20_. CITY OF TUKWILA CONSuLTANT By: ~~ ~ JhL,.-- Steven M. Mullet, Mayor Printed Name: Kenneth H Nilsen Title: Vice President COUNCIL AGENDA SYNOPSIS -Initials ITEM NO. N,r Meeting Date 1 Prepared by 1 Mayor's review 1 Council review c: �`r` v 3/28/05 1 BG I 1 1, 't i la�,_ 4/4/05 1 1 A 1 '05 C I I ITEM INFORMATION CAS NUMBER: 05-048 ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEM TITLE Two Interlocal Agreements with Water District 125 and Val Vue Sewer District for the Cascade View Drainage Improvement Project CATEGORY Discussion Motion n Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 4/4/0 5 Ititg Date Mtg Date Mtg Date Mtg Date llitg Date: 3128105 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &.R Police PT SPONSOR'S The two separate Interlocal Agreements with Water District 125 and Val Vue Sewer SUMMARY District will allow the City to construct utility upgrades as one City administered project for the Cascade View Drainage Improvement Project. These agreements allow the Utility Districts to not construct their upgrades if unfavorable bids are received but still requires the Utility to reimburse the City for costs incurred to date and requires them to construct their improvements without causing delay to the City project. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/22/05 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign agreements with WD 125 and Val Vue Sewer District. COMMITTEE Forward to COW and then Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 0.00 $0.00 Fund Source: 412 Surface Water (page 121, 2005 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/28/05 4 4 05 Reg. Mtg. Discussed at COW; forwarded to for formal action. g g MTG. DATE ATTACHMENTS 3/28/05 Information Memo dated March 16, 2005 Water District 125 Interlocal Agreement Val Vue Sewer District Interlocal Agreement Utilities Committee Meeting Minutes from March 22, 2005 4/4/05 No attachments. 7, COUNCIL AGENDA S1WOPSIS O ff Z Initials STEM N O. N1/40 Meeting Date 1 Prepared by Mayor's review Council review 3/28/05 1 BG L 4/4/09 1 C 1 A AI 1 i J ITEM INFORMATION CAS NUMBER: 05-050 ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEM TITLE Cascade View Drainage Improvements Consultant's Supplement with KPG, Inc. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 4/4/05 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: 3/28/ 05 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police ®PI/ SPONSOR'S In December 2004, KPG began design of the Cascade View Drainage Improvement Project. SUMMIARY Final design is complete and the bid award for construction is underway. This supplement is for KPG to perform construction management services for a fee not to exceed $49,923.60. The majority of the construction management will be completed in- house. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 3/22/05 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign the supplement with KPG, Inc. CO iMI "I "1'EE Authorize Mayor to sign supplement and forward to COW COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $49,923.60 $568,000.00 Fund Source: 412 Surface Water (page 121, 2005 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/28/05 Discussed at COW; forwarded to 4/4/05 Req. Mtg. for formal action. MTG. DATE ATTACHMENTS 3/28/05 Information Memo dated March 16, 2005 Consultant Supplement with Scope of Work Utilities Committee Meeting Minutes from March 22, 2005 4/4/05 Nn attachments. Co UNCIL AGENDA SiwoPsis V! IrEMNo. 05 1 i Mee Da te Prepared by 1 Mayor's review I Council review u 4 o, 3/28/05 1 B 1 1 ITEM INFORMATION CAS NUMBER: 05-051 ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEM TITLE Reprioritization of Two Water Projects CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other 'Altg Date Mtg Date 4/4/05 Mtg Date llitg Date llltg Date Mtg Date Mtg Date: 3/28/ 05 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police ®PJV SPONSOR'S To meet the timeframe of Tukwila Valley South, we recommend that two water projects be SUMMARY reprioritized. The Southcenter Boulevard Water Main Replacement Project would be delayed until 2007 and the Southcenter Pkwy Water Upgrade Project would be funded in 2005. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte 111 Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'L'E: 3/22/05 RECOMMENDATIONS: SPONSOR /ADMIN. Allow the reprioritization of the two water projects. COMMrrrEE Forward to COW for information only. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: 403.01 Water Fund (pages 83 95, 2005 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/28/05 Discussed at COW; forwarded to 4/4/05 Reg. Mtg. for formal action. MTG. DATE ATTACHMENTS 3/28/05 1 Information Memo dated March 8, 2005 Pages 83 95, 2005 CIP Utilities Committee Meeting Minutes from March 22, 2005 4/4/05 No attachments. COUNCIL AGENDA SYNOPSIS y Initials ITEM NO. o: X '4; iii 1 S Meeting Date Prepared by 1 Mayor' revi C ncil review =z 3/28/05 BG Q}1�1 1 V L 4/4/0 I 0 1 i 5 ITEM INFORMATION CAS NUMBER: 05-052 ORIGINAL AGENDA DA 1E: MARCH 28, 2005 AGENDA Il'EM TITLE Klickitat /Southcenter Pkwy Consultant's Agreement with HNTB Corp. CATEGORY Discussion ni Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 414/ 01 Mt Date Mtg Date Mtg Date Mtg Date Mtg Date: 3/28/05 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police ®PI' SPONSOR'S The contract is for the engineering design services for the roadway improvements on SUMMARY Southcenter Pkwy at Klickitat. The roadway improvements include a combination bridge under the northbound lanes and over the southbound lanes. A presentation on the scope of the project was given to Council on 2/14/05. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/28/05 and 1/24/05 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign the agreement with HNTB, Inc. COMMITTEE Approve agreement and forward to COW and then Regular Council. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,168,322.00 $1,161,333.00 $6,989.00 Fund Source: 104 Commercial Streets (page 42, 2005 CIP) Comments: Mitigation and additional federal aid is anticipated. MTG. DATE RECORD OF COUNCIL ACTION 2/14/05 Presentation to Council. 3/28/05 Discussed at COW: forwarded to 4/4/05 Req.Mtq. for formal action. MTG. DATE ATTACHMENTS 3/28/05 Information Memo dated March 14, 2005 Consultant Agreement with Scope of Work Transportation Committee Meeting Minutes from January 24, 2005 Presented to Transportation Committee on March 28, 2005 (same night) *Agreement contains standard Federal boilerplate language and is, therefore, not copied within this packet. If you want a copy of the complete agreement, it is available trom the Uity LierKs orrice. 4/4/05 No attachments. COUNCIL AGENDA SUVOPSIS s ms s <c Initials ITE11 f NO. O i y ..1; 14,j 0 Meeting Date Prepared by Mayor's review Council review ►�'s 3/28/05 1 BG Q 3 o Si 0,. 4/4/05 U 1 J4. r'/S 1 ITEM INFORMATION CAS NUMBER: 05-054 ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEM TITLE South 144 St Improvement Phase I Consultant's Supplement with KPG, Inc. CATEGORY Discussion Et Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 4/4/05 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: 3/28/ 05 SPONSOR Council Mayor Adm Svcs DCD n Finance Fire Legal P &R Police PW SPONSOR'S In 2002, KPG began design of the South 144 Street Improvement Project Phase I. Final SUMMARY design is complete and the bid award for construction is underway. This supplement is for KPG to perform construction management services for the project for a fee not to exceed $273,700.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 3/28/05 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign the supplement with KPG, Inc. COMMI'1-1EE Authorize Mayor to sign supplement and forward to COW for information only. As a supplement to an existing contract, no formal action is needed by Council. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $273,700.00 $3,084,000.00 Fund Source: 104 Commercial Streets (page 46, 2005 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/28/05 Discussed at COW; forwarded to 4/4/05 Reg. Mtg. for formal action. MTG. DATE ATTACHMENTS 3/28/05 Information Memo dated March 23, 2005 Consultant Supplement with Scope of Work Presented to Transportation Committee on March 28, 2005 (same night) 4/4/05 No attachments. COUNCIL AGENDA SYN0PsIs 4 Initials ITEM No. J l p'�t� !fleeting Date Prepared by I Mayor's review Council review 1 %V ‘v-of y, ma 04/04/05 D] Baskin ,FAQ,`. ITEM INFORMATION CAS NUMBER: 05-060 ORIGIN AL AGEND A DATE: 04 -04 -05 AGENDA ITEM TITLE Local government review of 2005 Edward Byrne Memorial Justice Assistance Grant. CA FEGORY Discussion Motion Resolution Ordinance Bid Award n Public Hearing n Other Mtg Date iVItg Date Mtg Date Mtg Date 11Itg Date lltg Date Mtg Date SPONSOR n Council Mayor E Adm Svcs DCD E Finance Fire Legal n P &R Police n PIIi SPONSOR'S The police department has received a solicitation from the US DO] for an Edward Byrne SU \I1\LARY Memorial Grant for FY 2005. The grant total is $23, 740. Specific recommendations for spending the grant funds are included in the attachment. The grant requires a review of the application by the local governing body. Therefore, I am presenting this information for review by the Finance and Safety Committee and request that the information be presented to the entire council for review. REVIEWED BY n COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. n Parks Comm. Li Planning Comm. DAl'E: RECOMMENDATIONS: SPONSOR /ADMIN. Review and place before the full Council. COMMI1•I'EE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04 -04 -05 I Review grant proposal MTG. DATE ATTACHMENTS 04 -04 -05 1 Memorandum to Council from Acting Captain D.J. Baskin dated 03- 30 -05. (Scheduled for presentation to Finance Safety Cmte April 4, 2005 (same night) TO: FROM: DATE: SUBJECT: Oiy of Tukwila Steven 111. J1:Illllct, 11/fa}nr DaVid W"-: Ha]'llcs, Acting Chic/"ofPolirc Pohce Department An Accredited Agency MEMORANDUM Tukwila City Council Members Acting Captain D. J. Baskin March 30,2005 . Grant Opportunity - Edward Byrne Memorial Justice Assistance Grant The D.S Department of Justice has presented the Tukwila Police Department with the FY 2005 Local Solicitation for the Edward Byrne Memorial Justice Assistance Grant (JAG). If accepted, this grant will provide the police department with $23,740 to be spent over the next two years. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for anyone or more of the following purpose areas: . Law enforcement programs . Prosecution and court programs. . Prevention and education programs · Corrections and community corrections programs . Drug treatment programs . Planning, evaluation, and technology improvement programs · Any law enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding The Police Department has identified two areas for utilization of these funds: 1. Control speedin2 and increase pedestrian safety -- $10,000 The department will use grant funds to purchase pole mounted speed measuring devices to monitor traffic at problem locations. The devices monitor car speed by radar and display the speed to the vehicle operator via digital readout. This would allow us to address more areas of traffic concern than we are currently able to. No other funds are available for this purpose. These devices range in price from $2,000 - $5,000. With $10,000 from the grant dedicated to this purpose, we will be able to purchase 2-5 units, depending upon pricing and specifications. 2. Patrol division command and control improvements -- $13,740 The department will use grant funds to purchase a radio, computer, VRM, and other necessary equipment to upgrade the operating platform of one Patrol Lieutenant's vehicle, similar to the 6200 Southcenter Blvd. . Tukwila, W A 98188 . Phone: - (206) 433-1808 . Admin. Fax: - (206) 244-6l8l; Invest. Fax: - (206) 431-3688 configurations found in the other Patrol Lieutenant and Captain's vehicles. This equipment will allow the lieutenant to monitor and communicate with other staff, access emergency information and mapping, and enable the vehicle and lieutenant to function in a command role in police and other emergency situations. Currently this unit is ineffective and incapable of serving in a command role. No other funds are available for this purpose. Depending on cost and specifications, funds will be spent as follows: 800 MHz Radio 4,300 Laptop and software 5,700 Vehicle Remote 2,500 Modem (VRM) Misc. mounting / 1,240 hardware Total $13,740 The grant requires that this application be reviewed by the governing body of the requesting jurisdiction. Therefore, the Police Department is bringing this application forward for your review. 6200 Southcenter Blvd. . Tukwila, W A 98188 . Phone: - (206) 433-l808 . Admin. Fax: - (206) 244-618l ; Invest. Fax: - (206) 43 l-3688 Tentative A end a Schedule April 4 11 18 25 SEE AGENDA Special Issues: PACKET FOR THIS a) Code Enforcement WEEK'S AGENDA overview b) Proactive code enforcement May 2 9 16 23 30th - Public Hearing: COW Meeting to be Memorial Day Street vacation for 43rd followed by a Special (City offices Av. S., running Meeting to approve closed) southwesterly from SR- vouchers 599 to Squire St. and Squire St. running south 30 from 43rd Av. S. to S. 5TH MONDAY OF THE 131st Pl. MONTH; No Council Meeting Scheduled June 6 13 20 27 4 Monday .......... '., ....... ..........c-:: ..Jc. 9Saturday .... .... y Finance & ~ Tukwila ~ Equity & Safety, 5 PM Government Diversity Cmsn, ~ Affairs 5 PM City Council (SWKCC), NOON Regular, 7 PM 11 Monday ~ Transportation, 5PM ~ Civil Service Cmsn, 5 PM ~ City Council COW, 7 PM ~ Court ~ Utilities, 5 PM ~ Court . 15Frid~y 16Satllcday April Pools Day! l- 3 PM, fun & games @ Tukwila Pool Call 206-267-2350 for more info ~ Arts Cmsn, 5 PM (PLEASE NOTE ONE-TIME DATE CHANGE) ~ Community Affairs & Parks, 5PM ~ Hwy 99 Action, 7PM ~ Library Advisory Board, 7 PM Spring Celebration at Tukwila Library, l-4 PM. Call206-244-5l40 for more infonnation. Chipper Day I ~ Court notations are made to alert City of Tukwila employees/citizens of potential parking difficulty only. >- Apartment Managers' Networking Lunch (3rd Thurs), NOON, (bring own lunch), TCC, contact Robbie Bums 206-242-8084. ~ Arts Commission (lst Tues), 5 PM, TCC, contact Kimberly Matej 206-767-2342. >- Chipper Days, sponsored by the Washington State Dept. of Agriculture, (3rd Sat), lOAM, Foster HS Main Parking Lot. Dispose of prunings/plant materials from the Longhomed Beetle quarantine area. Drive your truckload of materials to the parking lot and we'll help unload, chip, and dispose of materials free of charge. Be sure to bring ID w/quarantine area address. ~ City Council Committee of Whole (COW) Meeting (2nd & 4th Mon), 7 PM, Council Chambers. ~ City Council Regular Meeting (lst & 3rd Mon), 7 PM, Council Chambers. ~ Civil Service Commission (2nd Mon), 5 PM, ConfRm #3, contact Bev Willison 206-433-1844. >- Community Affairs & Parks Committee (2nd & 4th Tues), 5 PM, ConfRm #3. >- Community Oriented Policing Citizens Adv. Brd. (COPCAB) (4th Wed), 6:30 PM, ConfRm #5, Marja Murray 206-433-7175. >-Crime Hot Spots Task Force (3rd Wed), 10 AM, ConfRm #5, Marja Murray 206-433-7175. ., Domestic Violence Task Force (3rd Th), Noon-l:30 PM, ConfRm #5, Evie Boykan 206-433-7l80 or Stacy Hansen 206-433-7181. ~ Equity & Diversity Commission (lst Th), 5:l5 PM, Showalter Middle School Library, call Lucy Lauterbach 206-433-1834. >- Finance & Safety Committee (lst & 3rd Mon), 5 PM, ConfRm #3; 4/4 Mtg.: a) Fireworks ban; b) Grant application, BRYNE, for upgrade of command vehicle and radar speed sign purchase. ~Highway 99 Action Committee (2nd Tues), 7 PM, TCC, contact Dave Haynes 206-433-1812. >-Human Services Advisory Board (2nd Fri of odd months only), lO AM, Human Srvcs ConfRm, call Evie Boykan 206-433-7l80. >- Human Services Providers, 11:30 AM, TCC, (tentative schedule: 3/18,6/17,9/16,12/2), call Stacy Hansen 206-433-7181. ., Library Advisory Board (2nd Tues), 7 PM, Foster Library, call Bruce Fletcher 206-767-2343 (Steven Schneider, Board President). >- Parks Commission (3rd Wed), 5:30 PM, TCC Sr. Game Rm, contact Kimberly Matej 206-767-2342. ., Planning CommissionlBoard of Architectural Review (Public Hrg on 4th Th; Nov & Dec = 2nd Th), 7 PM. Council Chambers, contact Wynetta Bivens 206-43l-3670. >- Sister City Committee (as needed), ConfRm #3, contact Lucy Lauterbach 206-433-1834. >- Transportation Committee (2nd & 4th Mon), 5 PM, 6300 Southcenter Blvd, ConfRm #1. >- Tukwila Government Affairs (SWKCC) (lst Tues), Noon, Chamber Offices, contact Nancy Damon 206-575-l633. y Tukwila Citizen Patrol (4th Mon), 7 PM, TCC, Everett Parr 206-762-9219/Roy Steinauer 206-243-9191, Tukcp@hotmail.com. >- Utilities Committee (lst & 3rd Tues), 5 PM, 6300 Southcenter Blvd, ConfRm #1; 4/5 Mtg.: Allentown/Foster Point Water & Sewer Improvements bid results.