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Home My WebLink AboutCOW 2008-11-10 COMPLETE AGENDA PACKET �Jwi�sq Tukwila City Council Agenda o. z COMMITTEE OF THE WHOLE A i Jim Haggerton, Mayor Councilmembers Joan Hernandez Pamela Linder g ar Rhonda Berry, City Administrator Dennis Robertson Verna Griffin is Joe Duffie, Council President Kathy Hougardy De'Sean Quinn MONDAY, November10, 2008, 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATION Introduction of Christina Thorne; Visitor Information Specialist. 3. CITIZEN At this time, you are invited to comment on items not included on this agenda (please COMMENT limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. PUBLIC a. An ordinance to amend the Capital Facilities Element of the Comprehensive Plan of Pg.1 HEARINGS the City of Tukwila to add "Fire" to the list of uses funded by the City, to reference the Fire and Parks Master Plans, and to add Level -of- Service goals for both Fire and Parks services. b. An application to amend the Comprehensive Plan map designation from Low Density Pg.29 Residential (LDR) to Medium Density Residential (MDR) on approximately 1.4 acres. 5. SPECIAL a. An ordinance to amend the Capital Facilities Element of the Comprehensive Plan to Pg.1 ISSUES add "Fire" to the list of uses funded by the City, to reference the Fire and Parks Master Plans, and to add Level -of- Service goals for both Fire and Parks services (see Item 4a). b. Discussion on the Comprehensive Plan map designation from Low Density Residential Pg.29 (LDR) to Medium Density Residential (MDR) on approximately 1.4 acres (see Item 4b). c. Tax Levy Ordinances: Pg.111 1) An ordinance levying the general taxes for the City of Tukwila in King County for the fiscal year commencing January 1, 2009, on all property, both real and personal. 2) An ordinance increasing the regular property tax levy 1% from the previous year commencing January 1, 2009, on all property, both real and personal. d. Water and Sewer Rates for 2009. Pg.121 e. Acquisition of open space at 5800 South 152 Street. Pg.147 f. Tukwila Pond Park Development Contract with Robert Droll. Pg.173 g. An ordinance establishing level -of- service standards for parks and open space, and Pg.189 amending Ordinance No. 2207 that adopted the Parks, Recreation and Open Space Plan. Please bring your Parks, Recreation Open Space Plan, distributed in June. Q h. Continued review of the 2009 -2010 Budget /CIP. Pg.197 >Please bring your copy of the Budget /CIP. 6. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerks 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. CAS NUMBER: 08-136 Fund Source. Comments' 1 MTG. DATE 10/13/08 10/20/08 11/10/08 EXPI {NDrI'URI REQUIRJ MTG. DATE 10/13/08 10/20/08 11/10/08 COUNCIL AGENDA SYNOPSIS Meeting Date 10/13/08 10/20/08 11/10/08 Prepared 1y LV LV LV Inittals Mayor's review I Council review 11 ITEM INFORMATION ORIGINAL AGENDA DATE: OCTOBER Proposed emergency Comprehensive Plan Amendment to Facilities Element Discussion Motion Resolution Ordinance Bid Award ITEM No. 6, a 13, 2008 amend the Capital Public Meeting (l Other- ,l fig Date 11/10/08 Mtg Date Altg Dat Mfg Date 11/17/08 Mtg Date Mt1 Date 11/10/08 Mtg Date Council Mayor Adrn Svcs DCD Finance Fire Legal P &R U Police Ply Proposed emergency Comprehensive Plan Amendment to add "Fire" to the list of uses funded by the General Fund; to reference the Fire and Parks Master Plans; and to add Level of Service goals for Fire and Parks services to the Capital Facilities Element of the City's Comprehensive Plan. Planning Commission recommend approval to City Council based on staff recommendations. Discussion to take place in PUBLIC MEETING FORMAT at the 11/10/08 Committee of the Whole meeting. RI.\'II ?\\'lull BY COW Mtg. CA &P Cmte F &S Cmte [j Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAI"E. 9/22/08 CAP, 9/23/08 FS (Info Only), 10/13/08 COW, 10/20/08 Regular, 10/30/08 Planning Commission RECOMMENDATIONS: SPONSOR /ADMIN. Approve and forward to COW for discussion Commn'TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED RECORD OF COUNCIL ACTION Forward to next Regular Meeting Forward to Planning Commission, return to COW APPROPRIATION REQUIRED ATTACHMENTS Informational Memorandum dated 9/22/08 with attachments Minutes from the Community Affairs Parks Committee meeting of 9/22/08 Minutes from the Finance Safety Committee meeting of 9/23/08 No attachments Staff report to the Planning Commission Public Hearing date 10/30/08 Minutes from the Planning Commission meeting 10/30/08 Ordinance in draft form TO: Committee of the Whole CC: Mayor Haggerton Rhonda Berry FROM: Lisa Verner, Mayor's Office DATE: November 10, 2008 RE: COMPREHENSIVE PLAN AMENDMENT (CAPITAL FACILITI IS ELEMENT), file L08 -049 ISSUE Amend the Capital Facilities Element of the City's Comprehensive Plan to add "Fire" to the list of uses funded by the General Fund, to reference the 2008 Fire Master Plan and 2008 Parks, Recreation and Open Space Plan, and to add Level of Service goals for Fire and Parks services. BACKGROUND Emeraencv The City Council determined at its Regular Meeting on October 20, 2008 that this proposed amendment is considered an "emergency" under TMC 18.80.020 and necessitated expeditious action in 2008 in order to allow a discussion about and possible adoption by Council of impact fees for Fire and Parks by the end of 2008. Review Process INFORMATION MEMORANDUM The City Council determined at its Regular Meeting on October 20, 2008 the proposed amendment had substance and should be reviewed by the Planning Commission. The Planning Commission used the following Comprehensive Plan Amendment criteria identified in the Tukwila Municipal Code: 1. TMC 18.80.010 2. TMC 18.80.050 After reviewing compliance with the criteria, Planning Commission recommends to the City Council one of the following actions: 1 Adopt the proposed amendment 2. Adopt a modified version of the proposed amendment, or 3. Reject the amendment In this case, the Planning Commission recommended approval (see below). A public hearing before the City Council is scheduled for November 10, 2008 with COW discussion later that evening. A decision on whether or not to adopt an ordinance for the proposed amendment is scheduled for the Regular Meeting on November 17, 2008. DISCUSSION The staff report to the Planning Commission is attached as Attachment A. The findings and conclusions as to why the proposed amendment meets the comprehensive plan amendment criteria are included in this report. The Planning Commission minutes from the October 30, 2008 meeting are included as Attachment B. The draft ordinance adopting the amendment to the Capital Facilities Element of the Comprehensive Plan is included as Attachment C. PLANNING COMVIISSION ACTION The Planning Commission held a public hearing on the proposed amendment at its meeting on October 30, 2008. Notice published in the Seattle Times on October 16, 2008. No public testimony was received at the hearing. Chair Parrish noted that the numbers identifying the policy statements beginning with 14.1.14 (page 166 of the Comprehensive Plan) needed to be re- ordered and staff agreed to do so. After deliberations, the Planning Commission voted unanimously to recommend approval of the proposed amendment. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL The Planning Commission recommends the City Council approve the proposed amendment to the Capital Facilities Element of the City's Comprehensive Plan to add "Fire" to the list of uses funded by the General Fund, to reference and incorporate by reference the 2008 Fire Master Plan and the 2008 Parks, Recreation and Open Space Plan, and to add Levels of Service for Fire and Parks services as proposed. RECOMMENDATION Approve the ordinance amending the Capital Facilities Element of the City's Comprehensive Plan to add "Fire" to the list of uses funded by the General Fund, to reference the 2008 Fire Master Plan and 2008 Parks, Recreation and Open Space Plan, and to add Level of Service goals for Fire and Parks services. Attachment A: Attachment B: Attachment C: Staff Report to Planning Commission, file L08 -049 Planning Commission minutes from October 30, 2008 meeting Draft Ordinance adopting Capital Facilities Element of the Comprehensive Plan HEARING DATE: NOTIFICATION: FILE NUMBERS: APPLICANT: REQUEST: LOCATION: ZONING: STAFF: ATTACHMENTS: STAFF REPORT TO THH, PLANNING COMMISSION October 30, 2008 Notice published in the Seattle Times, 10/16/08 L08 -049 Comprehensive Plan Amendment City of Tukwila Amend the "Capital Facilities Element" of the Comprehensive Plan to add "Fire" to the list of uses funded by the General Fund, to reference the Fire and Parks Master Plans and to add Level of Service goals for Fire and Parks services (see specific language in Attachment A) City -wide COMPREHENSIVE PLAN: See pages 161 -2 and 165 -6 of the Comprehensive Plan for current language (also Attachment B) Not applicable SEPA DETERMINATION: Categorically exempt (WAC 197 -11 -800 (19)) Lisa Verner A. Comprehensive Plan Amendment Application #L08 -049) B. Comprehensive Plan Capital Facilities Element, pages 161, 162,165, and 166 C. TMC 18.80 Amendments to the Comprehensive Plan and Development Regulations D. City Council Minutes (10/13/08 and 10/20/08) Staff Report: L08 -049 Page 2 of 9 BACKGROUND FINDINGS 1. The City is initiating a Comprehensive Plan Amendment to amend the Capital Facilities Element of the City of Tukwila's Comprehensive Plan. The Capital Facilities Element presents the goals and policies for Tukwila's Capital Facilities and begins on page 161 of the Comprehensive Plan. Planning under the Growth Management Act (GMA) differs from traditional capital improvement plans because it must identify specific facilities, include a realistic financing plan, and adjust the plan if funding is inadequate or if development requires previously unanticipated expansion. The Capital Facilities Element does not currently list "Fire" as one of the functional areas which may need capital facilities. It does list "Parks" as such an area. The Capital Facilities Element also does not list levels of service for existing and for future development for Fire and Parks services. 2. The City Council adopted the new Parks, Recreation and Open Space Plan in June, 2008 by Ordinance 2207; it did not include a specific level of service standard. Since then, levels of service for Parks have been discussed by Council. The Parks level of service will be adopted in Fall, 2008. A new Fire Department Master Plan was submitted to the City in August, 2008 and the review process by City Council has begun; it is anticipated that the Master Plan will be adopted in November, 2008. The levels of service for Fire were discussed in conjunction with the Plan. The Fire level of service will be adopted when the Master Plan is adopted. 3. The Administration is evaluating new sources of revenue for the City. One such source is "impact fees" through which new development helps to pay for capital facilities necessitated due to the new growth. Mayor Haggerton's goal is to analyze options and to adopt impact fees by the end of 2008. In order to have a discussion of whether or not to adopt Fire and Parks impact fees, the City must have the following foundation: A. Adopted Parks and Fire Master Plans with identified levels of service B. Capital Facilities Element of the Comprehensive Plan which identifies Fire and Parks C. List of Fire and Parks capital facilities needed solely due to anticipated new growth and development P• \Long Range Projects \Tukwila South Project \Impact fees \Comprehensive Plan Amendment\PC staff report 10- 30-08.doc Staff Report: L08 -049 Page 3 of 9 Emernencv Review Process The Growth Management Act allows impact fees for parks services and for fire services, in addition to the traffic impact fees the City has already enacted. In order to consider and adopt impact fees, the City needs to have adopted a Fire Master Plan and identified a level of service goal for fire services. DISCUSSION The City Council has determined that this proposed amendment is considered an "emergency" under TMC 18.80.020 and necessitates expeditious action in 2008 in order to allow a discussion about and possible adoption by Council of impact fees for Fire and Parks by the end of 2008. It meets the criteria for emergency comprehensive plan amendments: 1. It preserves the health, safety and welfare of the public by adding fire services and levels of service for fire services and parks services into the adopted process for determining capital facilities necessary to provide these services to the community. 2. It supports the economic well -being of the City by meeting the Growth Management Act and establishing a foundation for future discussions on revenue to provide fire services and parks services. The City Council has determined that the proposed amendment has substance and should be reviewed by the Planning Commission. The Council found the following: The issue is not already addressed in the Comprehensive Plan There is a public need for the proposed change; the change will recognize a variety of facilities and services which need City capital facilities planning and implementation as well as levels of service for Fire and Parks services. Amending the Comprehensive Plan is the best way to meet this need and it is consistent with Growth Management Act and RCW 80.02 (Impact Fees) specifications. Adding the Fire and Parks levels of service (LOS) will allow the City to evaluate and prioritize new fire and parks capital facilities needs and expenditures; the community benefits when future capital facilities needs are identified, prioritized and funding determined prior to being required. The Planning Commission will use the following Comprehensive Plan Amendment criteria identified in the Tukwila Municipal Code: 1. TMC 18.80.010 2. TMC 18.80.050 P \Long Range Projects \Tukwila South Project\Impact fees \Comprehensive Plan Amendment\PC staff report 10- 30-08.doc Staff Report: L08 -049 Page 4 of 9 After reviewing compliance with the criteria, Planning Commission may recommend to the City Council one of the following actions: 1 Adopt the proposed amendment 2. Adopt a modified version of the proposed amendment, or 3. Reject the amendment After the Planning Commission forwards a recommendation, the Council will schedule a public hearing and COW discussion in November. A decision on whether or not to adopt the proposed amendment would be scheduled for the Regular Meeting in either late November or early December. Vicinitv /Site Information The proposed amendment will apply citywide. Amendment The current Capital Facilities Element language in the comprehensive plan does include "Parks" but does not include "Fire" as one of the functional areas in which general government facilities (capital facilities) are needed or planned. The Capital Facilities Element also does not list levels of service for existing and for future development for Fire and Parks services. The amendment will provide a substantive base in the Comprehensive Plan for the inclusion of capital facilities for the Fire Department in the City's CIP (Capital Improvements Plan). The identification of both the Fire and Parks levels of service (LOS) will allow the City to evaluate and prioritize new fire and parks capital facilities 'needs and expenditures. The inclusion of "Fire" and the addition of levels of service provide more specific direction concerning the spending of City funds from the General Fund. The Growth Management Act (GMA) allows cities to adopt impact fees for parks, fire, traffic and schools under RCW 82.02.090(7) if the Capital Facilities Element (CFE) of the Comprehensive Plan identifies the service(s) for which impact fees might be charged. The amendment will provide the foundation to allow the City to evaluate whether or not to adopt impact fees for both Fire and Parks. These are actions which will allow the City to operate more efficiently and evaluate new and additional sources of revenue. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. A detailed statement of what is proposed and why The detailed language of the proposal is identified in the Application (Attachment A). There are three reasons for this proposal: P: \Long Range Projects \Tukwila South ProjectUmpact fees\Comprehensive Plan Amendment \PC staff report 10- 30-08.doc Staff Report: L08 -049 Page 5 of 9 Inclusion of "Fire" provides a substantive base from which to include fire capital facilities in the City's Capital Improvement Plan (CIP); "Parks" is already listed. Identifying the levels of service for Fire and Parks provides a foundation to determine what has been achieved and what will be achieved in the future. This amendment is one of the necessary steps which must be accomplished before the City of Tukwila may evaluate whether or not to adopt impact fees for Fire and Parks services. The Growth Management Act (GMA) and the impact fee section of the Revised Code of Washington (RCW) call for Fire and Parks services to be identified in the adopted Capital Facilities Element of the Comprehensive Plan (RCW 36.70A.070(3) and RCW 82.02.050(4)) before impact fees are adopted. 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the change The amendment will provide a substantive base in the Comprehensive Plan for the inclusion of capital facilities for the Fire Department in the City's CIP (Capital Improvements Plan). The amendment will comply with a Growth Management Act (GMA) requirement and the impact fee section of the Revised Code of Washington (RCW); it will allow the City to evaluate whether or not to adopt impact fees for both Fire and Parks (RCW 36.70A.070(3) and RCW 82.02.050(4)). This amendment applies city -wide. 3. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) The current Capital Facilities Element language in the comprehensive plan does include "Parks" but does not include "Fire" as an area in which general government facilities (capital facilities) are planned (see Bullet point #3 under "Issues: General Government Facilities" in the Capital Facilities Element, page 162). The current language does not include levels of service for either Fire or Parks. The inclusion of "Fire" and the addition of levels of service provide more specific direction concerning the spending of City funds from the General Fund. They also allow the City's consideration of Fire and Parks impact fees. 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act The Growth Management Act (GMA) allows cities to adopt impact fees for parks, fire, traffic and schools under RCW 82.02.090(7). In order to do this, P• \Long Range Projects \Tukwila South Project \Impact fees \Comprehensive Plan Amendment \PC staff report 10- 30-08.doc Staff Report: L08 -049 Page 6 of 9 the Capital Facilities Element (CFE) of the Comprehensive Plan must identify the service(s) for which impact fees might be charged. Currently, "Parks" is identified in the CFE but "Fire" is not; the amendment will correct this and meet the GMA. 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies Four Countywide Planning Policies address levels of service, capital facilities plans and/or parks: LU -29 All jurisdictions shall develop growth phasing plans consistent with applicable capital facilities plans to maintain an Urban Area served with adequate public facilities and services to meet at least the six year intermediate household and employment target ranges consistent with LU -67 and LU -68. These growth phasing plans shall be based on locally adopted definitions. service levels. and fmancing commitments, consistent with the Growth Management Act requirements. (rest of policy not reproduced) (emphasis added) LU -45 Jurisdictions' comprehensive plans for Urban Centers shall demonstrate compliance with the Urban Centers criteria. In order to promote growth within Centers, the Urban Center plan shall establish growth strategies which: CC -11 c. Provide a wide range of capital improvement projects, such as street improvements, schools, parks and open space, public art and community facilities; (rest of policy not reproduced) (emphasis added) All jurisdictions shall work cooperatively to ensure parks and op en spaces are provided as development and redevelopment occur. (emphasis added) CC -13 All jurisdictions shall develop coordinated level -of- service standards for the provision of parks and open spaces. (emphasis added) Regarding LU -29, The City has a 6 year CIP and will adopt "service levels" (levels of service) for Fire and Parks. It will adopt lists of capital facilities needed to support anticipated future growth as existing levels of service as additions to the CIP. This proposed amendment supports these actions and is consistent with this Countywide Planning Policy. P \Long Range Projects \Tukwila South Project \Impact fees \Comprchensive Plan Amendment \PC staff report 10- 30-08.doc Staff Report: L08 -049 Page 7 of 9 Regarding LU -45, the City currently identified needed capital facilities and improvement projects for Parks. It will identify capital facilities needed as a result of future growth; these will be added to the CIP and, it is anticipated, be funded through impact fees. This proposed amendment supports these actions and is consistent with this Countywide Planning Policy. Regarding CC -11, the City adopted a new Parks, Recreation and Open Space Plan in June, 2008 which addresses facilities needed as development and redevelopment occur. This proposed amendment supports these actions and is consistent with this Countywide Planning Policy. Regarding CC -13, the City is in the process of adopting clear and easily administered level of service standards for Parks. It is anticipated these standards will be adopted on September 2, 2008. This proposed amendment supports these actions and is consistent with this Countywide Planning Policy. 6. A statement of what changes, if any, would be required in functional plans (ie, the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted No changes will be required in the City's functional plans if this amendment is adopted. It allows the City to fully implement the adopted Parks, Recreation and Open Space Plan and the to- be- adopted Fire Department Master Plan (functional plans). 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plan of the City No capital improvements would be needed to support the proposed change. In future, the proposed amendment will provide a substantive basis for including "Fire" capital improvements in the CIP. A list of capital facilities that are needed to maintain the levels of service and are due solely to future growth will be added to the City's CIP in the event Fire and Parks impact fees are adopted. As impact fees become available, projects on these lists will be constructed or purchased. 8. A statement of what other changes, if any are required in other City codes, plans or regulations to implement the proposed change Level of service standards have been adopted for Parks; they will be adopted for Fire in Fall, 2008. After review and evaluation, if the City Council decides to move forward on impact fees, an ordinance for Fire and Parks impact fees will be adopted. P: \Long Range Projects \Tukwila South Project \Impact fees \Comprehensive Plan Amendment \PC staff report I0- 30-08.doc Staff Report: L08 -049 Page 8 of 9 COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.050) 1. Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for the proposed change? Yes, there is a need for the proposed amendment. The current Capital Facilities Element language in the comprehensive plan does include "Parks" but does not include "Fire" as an area in which general government facilities (capital facilities) are planned (see Bullet point #3 under "Issues: General Government Facilities" in the Capital Facilities Element, Comprehensive Plan page 162). The current language does not include levels of service for either Fire or Parks. The inclusion of "Fire" and the addition of levels of service provide more specific direction concerning the spending of City funds from the General Fund. They also allow the City's consideration of Fire and Parks impact fees. 2. Why is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? CONCLUSIONS The proposed amendment is a necessary step which must occur in order for the City to have a discussion concerning whether or not to adopt impact fees for "Fire" and "Parks." The Growth Management Act requires that the Capital Facilities Element identify the services for which impact fees might be obtained. There are no other ways to accomplish this step. 3. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? The amendment will provide a substantive base in the Comprehensive Plan for the inclusion of capital facilities for the Fire Department in the City's CIP (Capital Improvements Plan). Both the Fire and Parks levels of service (LOS) will allow the City to evaluate and prioritize new fire and parks capital facilities needs and expenditures. The amendment will comply with a Growth Management Act (GMA) requirement and allow the City to evaluate whether or not to adopt impact fees for both Fire and Parks. These are both actions which will allow the City to operate more efficiently and evaluate new and additional sources of revenue. The community benefits when future capital facilities needs are identified, prioritized and funding deteu prior to being required. P: \Long Range Projects \Tukwila South Project \Impact fees \Comprehensive Plan Amendment \PC staff report 10- 30-08.doc Staff Report: L08 -049 Page 9 of 9 In reviewing Comprehensive Plan criteria, staff concludes that: 1. Comprehensive Plan: The proposed change is consistent with the GMA requirement that the Comprehensive Plan Identify all areas of general government for which capital facilities spending is necessary. It clearly identifies levels of service for Fire and Parks services. It adds references to Fire and Parks Master Plans as the basis for capital facilities prioritization and spending decisions. 2. Impacts: The City will have the planning documents in place to substantiate capital facilities spending decisions. The City will have adopted levels of service for Fire and Parks. The levels of service will aid decision making around what new capital facilities are needed. 3. Public Need: The GMA requirement for identified planning documents and links between the documents and capital facilities decisions will be met. Clearly stated levels of service identify what is currently being provided and what needs to be provided for future growth in the City in order to equitably provide for all citizens. 4. Community Benefit: Adding the Fire and Parks levels of service (LOS) will allow the City to evaluate and prioritize new fire and parks capital facilities needs and expenditures; the community benefits when future capital facilities needs are identified, prioritized and funding detelinined prior to being required. RECOMMENDATION Staff recommends the Planning Commission recommend approval to the City Council of the proposed amendment to the Capital Facilities Element of the City's Comprehensive Plan to add "Fire" to the list of uses funded by the General Fund and to add Levels of Service for Fire and Parks services as proposed. P: \Long Range Projects \Tukwila South Project \Impact fees \Comprehensive Plan Amendment \PC staff report 10- 30-08.doc CAPITAL FACILITIES PURPOSE This element of the Comprehensive Plan presents the goals and policies for Tukwila's Capital Facilities. It is based upon a 6-year Capital Improvement Plan, subject to annual review and updating to address changing needs and the long -term goals of the Comprehensive Plan. Planning under the Growth Management Act differs from traditional capital improvement plans because it must identify specific facilities, include a realistic financing plan, and adjust the plan if funding is inadequate or if development requires previously unanticipated expansion. A key requirement is concurrency —public facilities must be available when the impacts of development occur. The City has prepared a comprehensive list of proposed capital facility improvements, estimated their cost and identified their potential benefits. The current information is contained in the Financial Planning Model and Capital Improvement Program, 2004-2009, and in the Capital Facilities Element Background Report Supplement, dated 2004, both of which are adopted by reference as part of this Plan. The City annually reviews and updates this information and will continue to do so as the implementation of the Comprehensive Plan proceeds. The Capital Facilities Element is divided into two categories: General Government Funds, which are the capital funds for all general needs, such as residential streets, arterials, buildings, parks and trails, and other improvements. [Figure 41) Enterprise Funds, which are funds whose source and use are restricted to a respective enterprise and which cannot be used for another purpose (in Tukwila, water, sewer, surface water, and the Foster Golf Course). (Figure 42) November 22. 2004 TUKWILA COMPREHENSIVE PLAN Capital Facilities Attachment 0 TU KWILA COMPREHENSIVE PLAN Capital Facilities ISSUES General Government Facilities There appear to be sufficient revenues, combined with developer participation, grants, local improvement districts, and other miscellaneous sources, to enable the City to meet its capital goals. The General Government Funds are composed of the following funds: The Residential Street Program which includes projects specifically identified for residential street improvement. The arterial street program is the Transportation Improvement Program designed to correct deficiencies in arterial streets. The program uses City funds, grants, developer funds, local improvement districts, and mitigation payments. Many of the projects identified in the Capital Facilities Element will significantly reduce the current long term deficiency list. The General Fund includes money for parks, trails, and fisheries projects. 162 November 22, 2004 GOALS AND POLICIES Goal 14.1 Public facilities that reflect desired levels of quality, address past deficiencies, and anticipate the needs of growth through acceptable levels of service, prudent use of fiscal resources, and realistic timelines. Policies These policies are intended to ensure the availability of financing to accomplish the goals expressed in the various other elements of the Comprehensive Plan over the next 20 years. General Government Policies 14.1.1 Ensure that capital facilities are provided within six years of the occurrence of impacts that degrade standards. 14.1.2 Update the six-year financial planning model annually to review and reassess growth, revenue, and cost totals and forecasts. 14.1.3 Review capital facilities needs every three years. 14.1.4 Continue to target a minimum of 33 percent of total sales tax proceeds to pay for capital projects. 14.1.5 Balance infrastructure investment between the residential and commercial sectors. 14.1.6 Support policies and practices that will maintain an A -1 bond rating or better for the City by sound governmental budgeting and accounting principals, revenue diversity, and promoting the economic well -being of the City. 14.1.7 Allow issuance of bonds for facilities if repayment can be made from revenue allocations. 14.1.8 Consider projects identified in the Capital Improvement Plan for general operating revenues if substantial funding from grants, developers, other jurisdictions, or other funding sources becomes available. 14.1.9 Include a dedicated facllityfund and allocation for future building needs in the financial planning model. TUKW ILA COMPREHENSIVE PLAN Capital Facilities TUKVVILA COMPREHENSIVE PLAN Capital Facilities 14.1.10 14.1.11 14.1.12 14.1.13 Consider City funding for preliminary engineering and design of commercial street projects if the City determines that the public's health, safety, and weftre will be benefited Use a mitigation -based fee system for each affected City function as determined in the State Environmental Policy Act evaluation of individual development applications. Continue to pay for and improve residential area local access streets and collector arterials in accordance with the prioritized list of residential street projects, and provide interfund loans or transfers for neighborhood water and sewer deficiencies. To provide a more timely option for residential street improvements, property owners may form local improvement districts and the City may pay for the design, preliminary engineering, construction engineering, and local improvement district formation costs. Residents will pay the other costs such as, undergrounding utilities in the street and undergrounding from the street to their house, for the actual construction, and for any improvements on private property such as rockeries, paved driveways, or roadside plantings. Enterprise Fund Policies 14.1.14 Structure utility rates and charges for services to ensure adequate infrastructure development in addition to operation and maintenance requirements. 14.1.15 Maintain adequate reserved working capital balances for each enterprise fund's annual expenditures 14.1.16 Provide sewers to all residential and commercial areas in the City as a safety and health issue by using a combination of operating revenues, grants, loans, bonds, voluntary local improvement district formations, and interfund loans. 14.1.17 Use bonded indebtedness as a funding alternative when there is a general long-term benefit to the respective enterprise fund. 14.1.18 Continue to fund the correction of single- family residential neighborhood infrastructure deficiencies. 166 November 22, 2004 Sections: 18.80.010 18.80.015 18.80.020 18.80.030 18.80.040 18.80.050 18.80.060 TUKWILA MUNICIPAL CODE Chapter 18.80 AMENDMENTS TO THE COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS Application Documents to be Submitted with Application Docket Notice and Comment Staff Report Council Consideration Council Decision 18.80.010 Application Any interested person (including applicants, citi- zens, Tukwila Planning Commission, City staff and officials, and staff of other agencies) may submit an application for an amendment to either the compre- hensive plan or the development regulations to the Department of Community Development. Such applications are for legislative decisions and are not subject to the requirements or procedures set forth in TMC Chapters 18.104 to 18.116. In addition to the requirements of TMC 18.80.015, the application shall specify, in a format established by the Department: 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; and 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. (Ord. 1770 §52, 1996; Ord. 1758 §1(part), 1995) 18.80.015 Documents to be Submitted with Application A. Applications for amendments to the compre- hensive plan or development regulations shall provide the following documents in such quantities as are specified by the Department: 1. An application form provided by the Department. 2. King County Assessor's map(s) which show the location of each property within 300 feet of the property which is the subject of the proposed amendment. 3. Two sets of mailing labels for all property owners and occupants (businesses and residents) including tenants in multiple occupancy structures, within 300 feet of the subject property. 4. A vicinity map showing the location of the site. 5. A surrounding area map showing compre- hensive plan designations, zoning designations, shore- line designations, if applicable, and existing land uses within a 1000 foot radius from the site's property lines. 6. A site plan, including such details as may be required by the Department. 7. A landscaping plan, including such details as may be required by the Department. 8. Building elevations of proposed structures, including such details as may be required by the Department. 9. Such photomaterial transfer or photostat of the maps, site plan and building elevation, including such details as may be required by the Department. 10. Such other information as the applicant determines may be helpful in evaluating the proposal, including color renderings, economic analyses, photos, or material sample boards. B. The Department shall have the authority to waive any of the requirements of this section for proposed amendments which are not site specific or when, in the Department's discretion, such informa- tion is not relevant or would not be useful to considera- tion of the proposed amendment. (Ord. 1770 553, 1996) 18.80.020 Docket A. The Department shall maintain a docket of all proposed changes to the Comprehensive Plan and development regulations that are submitted. If either the Department or the Council determines that a pro posed change may be an emergency, the Department shall prepare the staff report described below and forward the proposed change to the Council for immediate consideration, subject to the procedural requirements for consideration of amendments. An emergency amendment is a proposed change or revision that necessitates expeditious action to address one or more of the following criteria: 1. Preserve the health, safety or welfare of the public. 2. Support the social, economic or environ- mental well -being of the City. 3. Address the absence of adequate and avail- able public facilities or services. 4. Respond to decisions by the Central Puget Sound Growth Management Hearings Board, the state or federal courts, or actions of a state agency or the legis- lature. B. Non emergency changes shall be compiled and submitted to the Council for review on an annual basis in March so that cumulative effects of the proposals can be determined. Proposed changes received by the Department after January 1 of any year shall be held over for the following year's review, unless the Coun- cil or the Department determines the proposed change may be an emergency. (Ord. 2071 §1, 2004; Ord. 1770 §54, 1996; Ord 1758 §1(part), 1995) 18.80.030 Notice and Comment The docket. of proposed changes shall be posted in the offices of the Department and made available to any interested person. At least four weeks prior to the Council's annual consideration of the changes proposed on the docket, the City shall publish a notice in a newspaper of general circulation in the City, generally describing the proposed changes including areas affected, soliciting written public input to the Department of Community Development on the proposed changes, and identifying the date on which the Council will consider the proposed changes. (Ord. 1758 §1(part), 1995) 18.80.040 Staff Report A. At least two weeks prior to Council consideration of any proposed amendment to either the comprehensive plan or development regulations, the Department shall prepare and submit to the Council a staff report which addresses the following: 1. the issues set forth in this chapter; 2. impact upon the Tukwila Comprehensive Plan and zoning code; 3. impact upon surrounding properties, if applicable; 4. alternatives to the proposed amendment; and 5. appropriate code citations and other relevant documents. B. The Department's report shall transmit a copy of the application for each proposed amendment, any written comments on the proposals received by the Department, and shall contain the Department's recommendation on adoption, rejection or deferral of each proposed change. (Ord. 1758 §1(part), 1995) TITLE 18 a ZONING 18.80.050 Council Consideration A. The City Council shall consider each request for an amendment to either the comprehensive plan or development regulations at a public meeting, at which the applicant will be allowed to make a presentation. Any person submitting a written comment on the proposed change shall also be allowed an opportunity to make a responsive oral presentation. Such oppor- tunities for oral presentation shall be subject to reason- able time limitations established by the Council. B. The Council will consider the following in deciding what action to take regarding any proposed amendment: 1. Is the issue already adequately addressed in the Comprehensive Plan? 2. If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? 3. Is the proposed change the best means for meeting the identified public need? 4. Will the proposed change result in a net benefit to the community? C. Following Council consideration as provided by TMC 18.80.050A and 18.80.050B, the City Council shall take action as follows: 1. refer the proposed amendment to the Planning Commission for further review and a recommendation to the City Council; 2. defer further Council consideration for one or more years to allow the City further time to evalu ate the application of the existing plan or regulations; or 3. reject the proposed amendment. (Ord 1856 §1, 1998; Ord. 1770 §55, 1996; Ord. 1758 §1(part), 1995) 18.80.060 Council Decision Following receipt of the Planning Commission's recommendation on a proposed amendment referred to the Commission, the City Council shall hold a public hearing on the proposal, for which public notice has been provided as required under the Public Notice of Hearing chapter of this title. Following the public hearing, the City Council may: 1. adopt the amendment as proposed; 2. modify and adopt the proposed amendment; or 3. reject the proposed amendment. (Ord. 1856 §2, 1998; Ord. 1758 §1(part), 1995) (10/29/2008) Lisa Verner cow10- 13.doc Citv Council Committee of the Whole Minutes City of Tukwila Page 6 of 7 October 13 2008 14. Is there a potential for public safety issues by not adopting the Plan? Ms. Verner explained the benefit of the Fire Master Plan is to understand the needs of the department to continue to function and do a better job. Rhonda Berry, City Administrator, commented that putting the aid car in service for a higher percentage of the time would provide an increase in response time (as it is faster than the ladder truck). Chief Olivas indicated that slippage is more likely to occur in the areas of training and fire prevention than in response times. An increase in calls or an annexation could possibly produce a slippage in response times. He concurred with Ms. Berry that having the aid car in service would improve response goals. Ms. Berry referenced the fourth Whereas clause in the ordinance "The Mayor has reviewed and responded to the 2008 Fire Master Plan, specifying phased implementation based on available funding." If we do not adopt the Administration's recommendations, then we have not responded to the Master Plan as the Whereas clause states. Ms. Verner concurred. Mayor Haggerton encouraged the Council to view the bigger picture of what the City is working to accomplish. The master plan is comparable to any operations study in any corporation. It is presented in detail, and it is up to the Council to provide for implementation as funding is available. Mayor Haggerton indicated that in past years, Tukwila has not taken advantage of funding mechanisms other than the maintenance and operations budget. Funding for capital items has come from maintenance and operations; the City does need other mechanisms to fund capital items. In order to have the discussion of impact fees, the Fire Master Plan needs to be adopted and in place. If the City were to implement impact fees, it would be desirable to have them in place to take effect on January 1, 2009. Councilmember Hernandez reiterated her desire to move this ordinance on for passage, due to the caveat that implementation will only occur if funding is available. 15. Once the ordinance is passed, is it possible to amend the Fire Master Plan? Ms. Vemer explained the Council is able to amend the ordinance after acceptance if circumstances have changed. If the intent is not to implement the plan in its entirety at this time, that would need to be clearly addressed. Ms. Verner indicated there is time to delay this for a couple of weeks to allow time for budget discussions. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. h. Comprehensive Plan Amendment Capital Facilities Element. Councilmember Hemandez indicated this item was at the Community Affairs and Parks Committee meeting on September 22, 2008. The committee members were unanimous in recommending approval. The committee discussed whether the Comprehensive Plan Amendment meets the criteria for an emergency. It also preserves the health, safety, and welfare of the public by adding fire services and Levels of Service Standards (LOS) for Fire and Parks into the Capital Improvement Program (CIP) process. The amendment supports the economic well being of the City by meeting the Growth Management Act and establishing a foundation for future discussions on revenue to provide fire and parks services. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Haggerton attended the dignitaries' special Sound Transit Light Rail ride on October 7, 2008 and the Rotary Luncheon on October 13, 2008. He also indicated the Northfield Car Wash lot has officially been vacated. (10/29/2008) Lisa Verner- rm10- 20.doc Page 5 City of Tukwila City Council Regular Magna Minutes Page 5 of 8 October 20. 2008 reference the Fire Master Plan. It is necessary that adoption of the plan occur before the impact fee ordinance is approved. Councilmember Quinn asked for confirmation that it is important we assure we are not levying a fee without a list of projects to which those fees could be applied. Ms. Verner indicated a list of projects has been compiled, so that if the Council does adopt impact fees, there will be projects that those fees will cover. Councilmember Quinn indicated the Council must also make a decision regarding the Mayor's recommendations. Ms. Verner explained the Council can adopt or amend the recommendations. Mr. Quinn inquired about waiting to make a decision now, and then possibly having to make a quicker decision later and how that would affect public input. Shelley Kerslake, City Attorney, stated the same notice would be sent for public participation in any case. Ms. Vemer indicated a Public Hearing on the Fire Master Plan was conducted this evening, and no one has come forth as a party of record with concerns on this issue. The Comprehensive Plan amendment component is being conducted in public meeting format this evening as well. There will be additional public hearings at the Planning Commission and City Council meetings on these issues. Councilmember Quinn requested information regarding the budget implications. Ms. Verner explained the recommendations in the draft ordinance are the same as those included in the preliminary budget. There is a caveat that projects are based on funding availability. If the recommendations in the draft ordinance are adopted, it will be consistent with the budget. If the budget is amended to add more Fire personnel, then that would be a faster implementation than what is proposed in the Mayor's recommendations. Rhonda Berry, City Administrator, explained a dollar amount has been set aside for two personnel to staff the aid car from General Fund expenditures. Those expenditures will be ongoing with a year -one, 2009 start date. The other years of two through six do not have a date assigned to them. Year -two could conceivably end up being in the year 2011; we really do not know when year -two through six will be, with regard to timing, as it is dependent on available funding. Councilmember Quinn relayed this means there will be additional opportunities over time to discuss funding availability, and would not constitute a commitment toward funding capital facilities and employees. MOVED BY ROBERTSON, SECONDED BY DUFFIE TO RESCIND THE MAIN MOTION AND CONSIDER THIS ISSUE AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 1, 2008. MOTION CARRIED 7 -0. *MAIN MOTION (TO ADOPT THE PROPOSED ORDINANCE) RESCINDED. h. Comprehensive Plan Amendment Capital Facilities Element To be conducted in Public Meeting format. Councilmember Hernandez indicated this item was discussed at the Community Affairs and Parks Committee meeting on September 22, 2008, and was offered as an informational item at the Finance and Safety Committee meeting on September 23, 2008. It was also discussed at the October 13, 2008 Committee of the Whole meeting. Ms. Hernandez explained this amendment would add text to the Capital Facilities element of the Comprehensive Plan and identify the Fire Department as a general government facility, which may need capital facilities funded by the General Fund. It will adopt by reference the 2008 Fire Master Plan and the 2008 Parks, Recreation and Open Space plan. It would also add level of service (LOS) goals for existing and future development for both parks and fire services. The Council is being asked to decide if this issue meets the criteria for an emergency amendment and whether to forward it to the Planning (10/29/2008) Lisa Verner rm10- 20.doc Commission for additional consideration. 7:55 p.m. Mayor Haggerton called for public comments. No public comments were received. *MOTION CARRIED 7 -0. NEW BUSINESS Per agenda amendment on Page 1 City of Tukwila Page 6 of 8 City Council Reaular Meetina Minutes October 20. 2008 MOVED BY HERNANDEZ, SECONDED BY ROBERTSON TO DECLARE THE PROPOSED AMENDMENT OF THE CAPITAL FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN AN EMERGENCY (TO ADD FIRE TO THE LIST OF USES FUNDED BY THE GENERAL FUND; TO REFERENCE THE FIRE AND PARKS MASTER PLANS; AND TO ADD LEVEL OF SERVICE GOALS FOR PRE AND PARKS) AND FORWARD IT TO THE PLANNING COMMISSION FOR ADDITIONAL REVIEW.* I. An ordinance establishing levels of service standards for parks and open space and amending Ordinance #2207 that adopted the Parks, Recreation and Open Space Plan. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE CITY'S PARKS, RECREATION AND OPEN SPACE PLAN, ADOPTED BY ORDINANCE NO. 2207, TO ESTABLISH LEVEL -OF- SERVICE (LOS) STANDARDS, IDENTIFYING CAPITAL FACILITIES NEEDED TO MAINTAIN LOS STANDARDS FOR FUTURE GROWTH; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Councilmember Hernandez indicated this item was discussed at the Community Affairs and Parks Committee meeting on August 11, 2008 and at the Committee of the Whole meeting on August 25, 2008. It was forwarded to the September 2, 2008 Regular Meeting for adoption and was pulled to add a list of capital facilities anticipated due to future growth. Exhibit A of the ordinance, with the list of projects, was compiled after the Community Affairs and Parks Committee and the Committee of the Whole meeting discussions on this subject. MOVED BY HERNANDEZ, SECONDED BY GRIFFIN THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. Councilmember Hemandez asked for information as to how the list of facilities was compiled. Bruce Fletcher, Parks and Recreation Director, indicated the list is based on a priority list of projects anticipated due to growth. The rough costs can be found in the Parks, Recreation and Open Space plan. If we do adopt impact fees, there are timelines involved for implementation, or the money would have to be refunded. The Councilmembers offered comments regarding the project list and conveyed the need to review the material more thoroughly at the Committee level and then forward the ordinance back to the Committee of the Whole. MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO FORWARD THIS ITEM TO THE COMMUNITY AFFAIRS AND PARKS COMMITTEE FOR FURTHER CONSIDERATION AND THEN TO A FUTURE COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED 7 -0. Consideration of a specific rotation schedule for the position of Council President. MOVED BY ROBERTSON, SECONDED BY GRIFFIN TO AMEND TUKWILA MUNICIPAL CODE 2.04.070 (COUNCIL PRESIDENT MAYOR PRO TEMPORE) TO READ "THE GENERAL POLICY OF COUNCIL IS TO ELECT PRESIDENTS IN A ROTATING ORDER BASED UPON SENIORITY." (adding the 3 words 'based upon seniority)* PLANING COMMISSION PUBLIC HEARING MINUTES OCTOBER 30, 2008 The meeting was called to order by Chair Parrish at 7:00 PM Present: Absent: Chair, Chuck Parrish; Vice -Chair George Malina; Commissioners, Allan Ekberg, and Lynn Peterson Commissioners Margaret Bratcher and Bill Arthur Representing City Staff: Minnie Dhahwal, Lisa Verner and Wynetta Bivens PLANNING COM ESSION PUBLIC HEARING Commissioner Parrish swore in those wishing to give testimony. CASE NUMBER: L08 -049 APPLICANT: City of Tukwila REQUEST: Amend the "Capital Facilities Element" of the Comprehensive Plan to add "Fire" to the list of uses funded by the General Fund, to reference the Fire and Parks Master Plans and to add Level of Service goals for Fire and Parks services. LOCATION: Citywide Lisa Verner, Project Manager gave the presentation for staff. Ms. Verner stated that the City Council has detennined it is an emergency to amend this portion of the Comprehensive Plan now. Therefore, the City Council forwarded this case to the Planning Commission for their review. Ms. Verner provided an overview of the three proposed elements to be included in the Comprehensive Plan, as listed in the October 30, 2008 staff report. The proposal meets the TMC criteria, of which she also gave an overview. Staff recommends the Planning Commission recommend approval to the City Council of the proposed amendment to the Capital Facilities Element of the City's Comprehensive Plan, 1 to add "Fire" to the list of uses funded by the General Fund, 2. to reference and incorporate by reference the 2008 Fire Master Plan and the 2008 Parks, Recreation and Open Space Plan, and 3. to add Levels of Service for Fire and Parks services as proposed. Commissioner Parrish pointed out that staff needed to renumber the policies following Page 2 of 2 Planning Commission October 30, 2008 the two which were being added. Staff agreed to make the correction. There was no public testimony. There were no further comments. The public hearing was closed. The Planning Commission deliberated. COMMISSIONER MALINA MADE A MOTION TO RECOMMEND APPROVAL TO THE CITY COUNCIL BASED ON STAFF'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS. COMMISSIONER PETERSON SECONDED THE MOTION. ALL WERE IN FAVOR. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, AMENDING THE CAPITAL FACILITIES ELEMENT OF THE CITY'S COMPREHENSIVE PLAN TO ADD "FIRE" TO THE LIST OF USES FUNDED BY THE GENERAL FUND, TO REFERENCE AND INCORPORATE BY REFERENCE THE 2008 FIRE MASTER PLAN AND THE 2008 PARKS, RECREATION AND OPEN SPACE PLAN, AND TO ADD LEVELS OF SERVICE FOR FIRE AND PARKS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Growth Management Act [RCW 36.70A.070(3)] calls for a city's Comprehensive Plan to identify the functional areas for which capital facilities are budgeted and funded; and WHEREAS, the Capital Facilities Element of Tukwila's Comprehensive Plan does not include "Fire" as one of the functional areas in which general government capital facilities are needed or planned; and WHEREAS, the Capital Facilities Element does not reference or incorporate by reference the Fire Master Plan or the Parks, Recreation and Open Space Plan as a basis for capital facilities planning; and WHEREAS, the Capital Facilities Element does not identify levels of service for either Fire services or Parks services; and WHEREAS, the City Council believes that these changes provide compliance with the Growth Management Act and facilitate the City's evaluation and prioritization of new fire and parks capital facilities needs and expenditures, and that the City's Comprehensive Plan should reflect these changes; and WHEREAS, in order to provide early and continuous public participation, a public hearing was held at the October 30, 2008 Planning Commission meeting, and at the November 10, 2008 Committee of the Whole City Council meeting; and WHEREAS, at the October 30, 2008 Planning Commission meeting, the Commission considered and voted to recommend adoption of this proposed amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CIU'Y OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds that the City desires to plan and budget for Fire and Parks capital facilities, using the 2008 Fire Master Plan and the 2008 Parks, Recreation and Open Space Plan as the basis for capital facilities planning. The Council further finds that a standard mechanism (levels of service) to evaluate and prioritize new Fire and Parks capital facilities needs and expenditures is needed and desirable, and that adoption of these changes will benefit the community as the City plans for its future growth. C \Documents and Settings \AV Users Desktop \Kelly \MSDATA \Ordinances \Comp Plan Amend Fire Master Plan.doc LV:ksn 11/6/2008 Page 1 of 2 Section 2. Amendments to the Comprehensive Plan Adopted. Pursuant to RCW 36.70A.070(3), the Capital Facilities Element of the City's Comprehensive Plan. City Council is hereby amended, as set forth in Exhibit "A" to this ordinance. Section 3. 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 4. 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 2008. ATTEST AUTF- fENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY. Office of the City Attorney Attachments: Exhibit A Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published: Effective Date: Ordinance Number: EXHIBIT A Reference Fire Master Plan and Parks, Recreation and Open Space Plan. The Capital Facilities Element of the City's comprehensive plan shall be amended as follows (3 paragraph under Purpose, page 161): The City has prepared a comprehensive list of proposed capital facility improvements, estimated their cost and identified their potential benefits. The current information is contained in the Financial Planning Model and Capital Improvement Program, 2004 -2009, the 2008 Fire Master Plan, the 2008 Parks, Recreation, and Open Space Plan and in the Capital Facilities Element Background Report Supplement, dated 2004, all Beth of which are adopted by reference as part of this Plan. The City annually reviews and updates this information and will continue to do so as the implementation of the Comprehensive Plan proceeds. Additional Facilities. The Capital Facilities Element of the City's comprehensive plan shall be amended as follows: (3 bullet under Issues: General Government Facilities, page 162) The General Fund includes money for fire parks, trails and fisheries projects Additional Services. The Capital Facilities Element of the City's comprehensive plan shall be amended as follows (Goal 14.1, page 165): Public facilities and services that reflect desired levels of quality, address past deficiencies, and anticipate the needs of growth through acceptable levels of service, prudent use of fiscal resources, and realistic timelines Fire Level of Service. In the Capital Facilities Element of the City's comprehensive plan, add a new "Policy 14.1.14" (p. 166) as follows: Use the following levels of service to guide City investments in Fire services: Establish a goal of response to calls for service within the City in 5 minutes 33 seconds 90% of the time Operate 4 Fire Stations distributed throughout the City Provide the following fire services: prevention, suppression, aid, rescue, haz -mat response, and public education Maintain equipment level of 3 front line fire engines, 1 front line aerial fire engine, and 1 front line aid car Maintain personnel level of 3 shifts of professional firefighters per day Parks Level of Service. In the Capital Facilities Element of the City's comprehensive plan, add a new "Policy 14.1.15" (page 166) as follows: Use the following levels of service to guide Parks acquisition and improvement decisions: Park/Facility Type Service Area up to l/2 Mini Park mile Neighborhood 1 /2 to 1 Park* mile Community 1 -5 Park miles 5 -20 Regional Park miles Open Space Neighborhood Connector Regional Trail Community Center LEVEL OF SERVICE (LOS) STANDARDS Current Inventory 1.2 acres 50.4 acres 25.0 acres 132.0 acres 33.5 acres 1.9 miles 11.4 miles 1 center Unit of Measurement 0.07 acres per 1,000 pop. 2.81 acres per 1,000 pop. 1.39 acres per 1,000 pop. 7.36 acres per 1,000 pop. 1.87 acres per 1,000 pop. 0.90 miles of trail per 1,000 pop. 0.64 miles of trail per 1,000 pop. 1 per 15,000 pop. 2008 Population: 17,930 LOS Surplus Demand (Deficit) 50.40 24.97 131.99 33.50 1.20 0 1.65 0 69.48 0 34.43 0 181.97 0 46.18 16.11 (14.20) 22.21 11.40 0 15.72 1.20 (0.20) 1.65 22.3 acres of neighborhood parks are school district property developed as a park. The acreage above includes only parks in the City of Tukwila. Regional park needs can be met outside of the City boundaries. ***Includes neighborhood connectors listed in the Walk Roll Plan. Reorder "Enterprise Fund Policies." In the Capital Facilities Element of the City's comprehensive plan, renumber the existing "Enterprise Fund Policies" (page 166) beginning with 14.1.16 and continuing through 14.1.20. 2022 Population: 24,719 (estimated) LOS Surplus Demand (Deficit) (0.45) (19.08) (9.46) (49.98) (12.68) (20.30) (4.32) (0.65) i COUNCIL AGENDA SYNOPSIS Initials ITEM NO. -0 0 1 1 Meeting Date Prepared by I Mayor's review 1 Council review 1 1 07/14/08 RF n 1 1 ,b. 4 Jo\ „t 1 07/21/08 R Y 1 1 r so a 11/10/08 1 RF 1 1-, 1-- (,,,,,J 5, b iq ITEM INFORMATION 1 CAS NUMBER: 08-137 I ORIGINAL AGENDA DATE: JULY 14, 2008 AGENDA ITEM TIME 2008 Comprehensive Plan amendments C.vi'I•:GORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other t\1tg Date 11/10/08 lftg Date Tftg Date lftg Date Mfg Date Mtg Date 11/10/08 lltg Date SPONSOR Council n Mayor Adm Svcs DCD Finance Fire Legal P &R Police PIV IC SPsc )R' s Briefing and public meeting on a 2008's Comprehensive Plan amendment rezone review SUNINIARY process. The City of Tukwila has received a request to change the designation of 1.4 acres in the eastern portion of a property located at 152xx 65th Avenue South from Low Density Residential (LDR) to Medium Density Residential (MDR) The City Council forwarded the matter to the Planning Commission, which held a public hearing on 10/30/08, and recommended denial of the request. The City Council will hold a hearing on 11 /10/08. 11I ?\'11s.' 1) M' n COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte I Utilities Cmte n Arts Comm. Parks Comm. Planning Comm. DATE: 6/9/08 RECOMMENDATIONS: SPONSCnt /ADMiN. Consideration and Discussion COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE R ;QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: MTG. DATE I RECORD OF COUNCIL ACTION 7/ 14/08 Forward to next Regular Meeting 7/21/08 Forward to Planning Commission MTG. DATE I ATTACHMENTS 7/14/08 Informational memorandum dated 7/8/08, with Attachments 1 9 Minutes from Community Affairs Parks Committee meeting of 6/9/08 are Attachment 1 of memo 7/21/08 No attachments 11/10/08 Informational memorandum dated 11/4/08 with Attachments 1 2 1 _41A j City l t Jim Haggerton, Mayor v�D r� 0 S e Department of Community Development i tt� p f Jack Pace, Director 1908 MEMORANDUM November 4, 2008 TO: Tukwila City Council FROM: Jack Pace, Tukwila Department of Community Developme SUBJECT: ANNUAL COMPREHENSIVE PLAN AMENDMENTS 907 -2008 This memo summarizes proposed non emergency changes to the Comprehensive Plan and zoning map for 2007 -2008. A public hearing is scheduled for November 10, 2008 to receive input. At that time, the City Council will be briefed on the proposal and the Planning Commission's recommendation. After the public hearing, the City Council will discuss the issue. On November 17, 2008, the City Council is scheduled to will make its final decision whether or not to adopt the proposed amendment. Process to date: As part of its annual Comprehensive Plan amendment review, the City of Tukwila is considering one, non emergency Comprehensive Plan and Zoning Map amendment in 2007 -2008. The Tukwila City Council reviewed the request at a public meeting on July 14, 2008, and forwarded it to the Planning Commission for review. The Planning Commission held a public hearing on October 30, 2008. After the hearing, the Planning Commission recommended denial of the request. The Staff Report and draft minutes are attached. (Attachments 1 2) At each stage in the process, staff has tried to encourage public involvement. All public meetings, and hearings were advertised in the paper. Staff provided mailings to owners and occupants within 500 feet of the proposed map change, and posted the site. Application Summary: Reauest Redesignate property from Low Density Residential (LDR) to Medium Densty at S. 152xx 65 Avenue S. Applicant: Raymond Carlstedt (Comprehensive Plan File #L07 -097 and Rezone File #L07 -096) Rf 1 11105 2008 H- \Cnmrl Plan 7007- 700R\Woodland View 1 1)7 O96 X I n' 1 g 7 '(Mt mn I 1 I0 OR dnr. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 The applicant seeks to redesignate approximately 1.48 acres in the easternmost portion of a 5.4 acre site from Low Density Residential (LDR) to Medium Density Residential (MDR). The vacant, wooded property contains steep slopes, two wetlands and their buffers. The request affects only the eastern portion of the property adjacent to 65 Avenue South, and excludes areas with wetlands and their buffers. Recommendation: The staff and Planning Commission recommend denial of the Comprehensive Plan map change and rezone from LDR to MDR at 152xx 65 Avenue South based primarily on the lack of compelling need for additional land that is designated for multi family use. Complete details are found in the attached staff report. Council Consideration After its public hearing on November 10, 2008, the City Council will make a final decision on the proposed amendment at its November 17, 2008 meeting. The City Council may: Adopt a proposed amendment; Adopt a modified version of a proposed amendment; or Reject the proposed amendment. Consideration of the site specific amendment is a quasi judicial action. Comprehensive Plan amendment criteria and Rezone criteria are included in the attached Planning Commission staff report. Next steps: After taking public comments at the hearing on November 10, 2008, the City Council will discuss the issue, and give staff direction on whether they wish to approve or deny the request. If the Council wishes to approve the request, staff will prepare an ordinance with fmdings and conclusions. At the regular meeting on November 17, 2008, the City Council will take final action on whether to approve, deny or revise the request. RI 2 11/05/2008 H: Comp Plan 2007 2008 \Woodland View L07 -096 L07- 097\CCMemo1 1.10.08.doc ATTACHMENT 1 PLANNING COMIVIISSION PUBLIC H FARING MINUTES OCTOBER 30, 2008 The meeting was called to order by Chair Parrish at 7:00 PM Present: Chair, Parrish; Vice -Chair George Malina; Commissioners, Allan Ekberg, and Lynn Peterson Absent: Commissioners Margaret Bratcher and Bill Arthur Representing City Staff: Minnie Dhaliwal, Rebecca Fox, Lisa Verner and Wynetta Bivens PLANNING COMMISSION PUBLIC HEARING Commissioner Parrish made a motion to amend the order of the case numbers on the agenda. Commissioner Peterson seconded the motion. All were in favor. Commissioner Parrish swore in those wishing to give testimony. CASE NUMBER: L07 -097 Woodland View Comprehensive Plan Amendment —Map Change APPLICANT: Raymond Carlstedt REQUEST: Amend Comprehensive Land Use Plan Map from Low Density Residential (LDR) to Medium Density Residential (MDR) LOCATION: 152XX 65 Avenue South Rebecca Fox, Senior Planner asked each of the Commissioners three Appearance of Fairness questions. Commissioner Peterson disclosed that the corner of his property is approximately 115 ft. from the applicant's property and approximately 500 ft. from the rezone area. He also disclosed an acquaintance with a property owner who provided testimony to the City Council and lives adjacent to the site. Neither the applicant nor anyone from the audience had any objections to any of the Commissioners hearing the case. Rebecca Fox gave the presentation for staff. She explained the process for amending the Comprehensive Plan and the Zoning Map. The City Council will hold a public hearing on the case on November 11, 2008. The Planning Commission and the City Council must consider specific criteria in making decisions regarding the Comprehensive Plan change and Rezone. Ms. Fox reviewed elements of the staff report. The applicant seeks to redesignate approximately 1.41 acres in the eastern third of a 5.8 acre site located at 152xx 65 Avenue South from Low Density Residential (LDR) to Medium Density Residential (MDR). The rezone is requested only for the portion of the property closest to 65 Avenue South, and excludes all wetlands and buffers. The rest of the lot would remain LDR. Most of the site is in an environmentally sensitive area or buffer, including both steep slopes and wetlands. Although not part of the rezone consideration, the applicant has offered to donate to the City of Tukwila the portion of the lot that is not part of the rezone request. Page 2 of 3 Planning Commission October 30, 2008 The existing area zoning is a mixture of LDR along with MDR and HDR. LDR runs along the west side th of 65 Avenue S., including the subject property, with HDR and MDR to the east. When the current Comprehensive Plan map and zoning map were developed in 1995, the Planning Commission recommended rezoning from LDR to MDR the blocks immediately south of the property. The City Council decided to rezone only the San Juan apai talents immediately south of the property, and retained the rest of the area as LDR. There was no discussion of rezoning the subject property. The property could be developed for housing under the current LDR zoning. At present, the. City of Tukwila has a total of 4, 209 multi family homes and 3,365 single- family homes i.e. 20% more multi- family addresses than single- family addresses. Additional opportunities for multi family development are anticipated in the Tukwila Village development, as well as in the Tukwila Urban Center. Given existing and anticipated opportunities to meet Growth Management requirements for denser housing and to provide multi family housing choices in areas that have fewer environmental constraints, the Comprehensive Plan provides no compelling reason to change from LDR to MDR. Staff recommended denial of the request for Comprehensive Plan Amendment from Low Density Residential (LDR) to Multi- Family Residential (MDR). CASE NUMBER: L07 -096 Woodland View Zoning Code Amendment Map Change APPLICANT: Raymond Carlstedt REQUEST: Amend Zoning Map from Low Density Residential (LDR) to Medium Density Residential (MDR) LOCATION: 152XX 65 Avenue South Rebecca Fox gave the presentation for staff. Rebecca reiterated that the Comprehensive Plan and the Zoning Map are required to be consistent. Staff recommended denial of the rezone from Low Density Residental (LDR) to Medium Density Residential (MDR). A. J. Bradberg, Wetland Biology, for the applicant, testified that upping the density would allow them to bring in affordable housing. He said that the property offers an opportunity to increase density to be in alignment with the Growth Management Act mandate. He stated that the rezone made sense environmentally by concentrating new development near 65 Avenue S. There was lots of discussion pertaining to environment, including buffers, wetlands and steep slopes, etc. David Yonguitsu, Geo Technical Engineer, for the applicant, addressed some issues that were raised during the discussion. Mr. Yonguitsu stated it's a feasible project based off of stability. Ray Carlstedt, applicant, says he can not do anything with the property ything p p rt5 as its zoned. He stated he has tried repeatedly to sell the property and that is financially draining him. The applicant stated if the zoning was changed to MDR he feels he would have a better chance. Commissioner Parrish asked the applicant if he understood the criteria that the Commission must look at in making their decision on the project. He also mentioned to the applicant he may have some development options that have not been fully explored. Commissioner Ekberg inquired of staff if they had discussed the potential of Planned Residential Development with the applicant earlier on in the process. Page 3 of 3 Planning Commission October 30, 2008 Public Testimony: StephenWheeler, resident, provided some comments on why he doesn't think the property is buildable. He stated he would like to see the City place more emphasis on single family residences. He also stated that he is worried about the value of his home. Mr. Wheeler is opposed to the proposed project. Debra Tsuruda, resident, says her greatest concern is the traffic impacts. She also requested that check points be addressed in the future. Bruce Paquette, resident, said his issue is regarding increased traffic on 65th and prefers keeping the site LDR. Bonnie Wong, resident, said she is concerned with the proposal to change the zoning and traffic impacts. There were no further comments. The public hearing was closed. The Planning Commission deliberated. Commissioner Parrish expressed that he is saddened by the applicant's circumstances. He explained that the Commission is given a requirement to go by the goals and objectives of the Comprehensive Plan with a very specific criteria to follow. He denied the proposed project. Commissioner Malina concurs with staff's conclusion for the proposal. He suggested that the proposal should go before the City Council for their determination and staff determination regarding Planned Residential Development (PRD). He denied the proposed project. Commissioner Peterson concurs with Commissioner Parrish's comments and staff's recommendations. He denied the proposed project. Commissioner Ekberg stated that he found the applicant's testimony compelling to support the need. However, he does not feel the Zoning Code or the Comprehensive Plan will allow the Commission to support the proposal based on what's before them. He concurs with the other Commissioners to deny the proposed project. He expressed that a concern that staff does not have a resolution to the question he raised concerning creating a single land locked property if the western part of the property were to be donated to the City He also expressed concern that the opportunity was not explored to look at the project as a Planned Residential Development (PRD) and that it was not brought up with the applicant early in the process. COMMISSIONER MALINA MADE A MOTION TO DENY CASE NUMBER L07 -097 BASED ON STAFF'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS. HE RECOMMENDED FORWARDING IT TO THE CITY COUNCIL FOR REVIEW. COMMISSIONER PETERSON SECONDED THE MOTION. ALL WERE IN FAVOR. COMMISSIONER MALINA MADE A MOTION TO DENY CASE NUMBER L07 -096 BASED ON STAFF'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS. HE RECOMMENDED FORWARDING IT TO THE CITY COUNCIL FOR REVIEW. COMMISSIONER PETERSON SECONDED THE MOTION. ALL WERE IN FAVOR. ATTACHMENT 2 4LA L r/� Ci qf T U k iJI j Jim Haggerton, Mayor `).1 tr> Department f Community Development jack Pace, Director 1908 STAFF REPORT TO THE PLANNING COMMISSION HEARING DATE: October 30, 2008 NOTIFICATION: Notice mailed to surrounding properties, 9/25/08 Site posted, 9/26/08 Notice published in the Seattle Times, 10/16/08 Notice of site visit mailed, 10/16/08 FILE NUMBER: L07 -097 (Comprehensive Plan Amendment) L07 -096 (Rezone) APPLICANT: Raymond Carlstedt REQUEST: Change Comprehensive Plan /Zoning Map from Low Density Residential (LDR) to Medium Density Residential (MDR) LOCATION: 152xx 65 Avenue South (Tax Parcel 3597000360) COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (LDR) ZONE DESIGNATION: Low Density Residential (LDR) SEPA DETERMINATION: Determination of Non significance (DNS), 10/16/08 STAFF: Rebecca Fox ATTACHMENTS: A. Application (L07- 097 Comprehensive Plan B. Application -L07- 096— Zoning Map Change) C. Site Location with zoning Rf 1 10/16/2008 (.\('omn Plan 2007- 20081Wondland ViJ Q7 -096 ,27-09_T+PS_ J STAFF RPT-- WooalandView- CarlstedtT.07- 0961.07- 097 -doe 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 e Fax: 206 431 -3665 D. Minutes Committee of the Whole (7/14/08) E. Citizen letters from agenda packet (7/14/08) F. Minutes Regular Meeting (7/21/08) G. Steep Slopes and Wetlands H. Geotechnical Report (R. Pride, 4/08) I. Wetlands (Aerial View) J. Wetland Delineation Report (J. Jennings, 5/08) K. Multi family Development L. 1995 Planning Commission Recommended Zoning M. Applicant's Preliminary Site Plan BACKGROUND FINDINGS VICINITY /SITE INFORMATION Background and Proiect Description The applicant seeks to redesignate approximately 1.41 acres in the eastern third of a 5.8 acre site located at 152xx 65 Avenue South from Low Density Residential (LDR) to Medium Density Residential (MDR). (Attachments A B).The area where MDR is requested extends west from 65 Avenue South to the eastern edge of the 50' buffer on the eastern wetland. (Attachment C) The Community Affairs and Parks Committee was briefed on June 9, 2008, and the issue was forwarded to the City Council. After taking comments at a public meeting on July 14, 2008,.the City Council deliberated on July 21, 2008, and forwarded the issue to the Planning Commission for review. (Attachments D, E F). Vicinitv /Site Information Site: The near rectangular property measures about 350 feet x 770 feet, and extends east to west from 65 Avenue South to 62 Avenue South. The entire 5.8 acre site is undeveloped, and is covered with trees and shrubs. Its terrain varies from a high elevation of 200 feet at the northeast corner to a low of about 140 feet on the west side. Two wetland areas and their associated buffers are located in the west and central portions of the site. The rezone area, proposed for MDR, consists of 1.41 acres; The proposed boundary line between the LDR and MDR would begin in the approximate center of the eastern wetland and follow the outside boundary of the buffer area. The applicant has asked to rezone only the property east of this fine. Rf 2 10/16/2008 Q: \Comp Plan 2007- 2008 \Woodland View L07 -096 L07- 097\PC STAFF RPT—WoodlandView-CarlstedtL07-096L07- 097.doc Sensitive Areas: With the exception of a portion of the lot's southeastern edge, almost all of the site is an environmentally sensitive area or buffer, including both steep slopes, and wetlands. (Attachment G) Steep S lopes: The majority of the area that is proposed for MDR zoning lies within a Class 3 area of potential geologic instability. Per Tukwila Municipal Code 18.45.120, Class 3 areas are those where "landslide potential is high, which include areas sloping between 15 and 40 percent and which are underlain by relatively impermeable soils or bedrock, and which also include areas sloping more than 40 percent." The applicant's geotechnical report (Attachment H) updates a report that was prepared in 1989 for the Alpine Estates project. It states that the property is suitable for development of residential structures, with the exclusion of the wetland areas and associated buffers. Excavation and some filling will be required to establish future building pads for future residential structures. (Geotech Study, p.2). Wetlands: The entire site includes two wetlands and their buffers. The western wetland is outside the area that is being considered for rezone, and is not part of the discussion. (Attachment 1) A wetland and its buffer are in the eastern portion of the site, and just west of the proposed rezone area. The applicant's wetland delineation report indicates that this is a Type 3 wetland that requires 50' buffers. (Attachment J)The City of Tukwila's Urban Environmentalist finds that the should be considered a Type 2 wetland with an 80' buffer area. Most of the wetland's buffer, whether it is the 50' buffer area required by the Type 3 wetland, or the 80' buffer that the Type 2 wetland would require, lies in the steep slope area. MDR is proposed only on 1.4 acres in the eastern part of the property closest to 65th Avenue South, and east of the easternmost wetland and its buffer. This would leave the rest of the site zone LDR with the wetlands and their buffers unaffected, and ensure that any future multi family residential development would occur only on the eastern edge of the property closest to 65 Avenue South. Per the Sensitive Areas Ordinance (TMC 18.45.080. C), development shall be set back ten feet from the buffers. Under certain circumstances the Director of the Community Development Department may waive buffer setback requirements. The applicant has discussed possible donation to the City of Tukwila of the remaining property that is not part of the rezone proposal (approximately 4.4 acres). Two separate tracts would be established. The tract to be donated would retain its LDR zoning, and the other tract would be rezoned to MDR. With or without the donation, the two wetlands and their buffers could not be developed, Rf 3 10/16/2008 Q: \Comp Plan 2007 2008 \Woodland View L07 -096 L07- 097\PC STAFF RPT--WoodlandView-CarlstedtL07- 096L07- 097.doc and would remain essentially as -is. Any possible donation is not part of the Comprehensive Plan map change or rezone deliberation. Vicinity: A mix of single- family and multi family dwelling units is in the vicinity. 14 single family homes are directly north in the Maple Tree subdivision. Approximately 12 single family homes are located in the LDR zone to the south. Additional single family homes are to the northwest of the site. An application is pending for a 6 -lot short plat along 65 Avenue South, adjacent to the City Hall parking lot. Approximately 260 units of apartment and condominium units are east across 65 Avenue South (Maple Leaf, Canyon Estates, Park View) on land that is zoned Medium Density Residential (MDR). Farther northeast across 65 the land is zoned High Density Residential (HDR) The 48 unit San Juan apartments are zoned MDR. Immediately south across S. 153rd, the Cottage Creek apartments are zoned HDR. The Sunwood Condominiums are in the HDR zone farther to the west. (Attachment K) Tukwila Park is one -half block from the site along 65 Avenue South. Tukwila City Hall is in an Office (0) zone two blocks south of the property. The property has been the subject of several single family development proposals in the past. In the late 1980s, the entire site, including both wetlands, was considered for the Alpine Estates single family subdivision proposal that was eventually dropped. The current proposal is the first request for multi family zoning. It differs from earlier single family proposals and projects since it affects only the eastern area along 65 Avenue South. As stated, wetlands and associated buffer areas are excluded from the proposal, and would be retained. DISCUSSION ZONING MAP -The existing zoning in the area is a mixture of Low Density Residential zones along with Medium Density Residential (MDR) and High Density Residential (HDR). A review of the zoning map shows that the LDR zoning runs along the west side of 65 Avenue South, with MDR and HDR immediately east across from the site. 65 Avenue South divides the MDR and HDR to the east, from the LDR to the west. Several blocks of LDR are to the south of the subject property, but most LDR is north and northwest of the site. When the current Comprehensive Plan map and zoning map were developed in 1995, the Planning Commission recommended rezoning to MDR the entire block south of the subject property. This included the San Juan Apartments east along S. 153 to 65 Avenue South, and south to the City Hall parking lot. This action would have up -zoned a small neighborhood of approximately 12 single family Rf 4 10;16/2008 Q: \Comp Plan 2007 2008 \Woodland View L07 -096 L07- 097\PC STAFF RPT—WoodlandView-CarlstedtL07-096L07- 097.doc houses from LDR to MDR. (Attachment L) The City Council, however, decided to rezone only the San Juan South apartments to MDR, and retain the rest of the areas as LDR, There was no discussion of rezoning the subject property to MDR in 1995 or at any point until the present application was filed. The current applicant wants to rezone only the eastern portion of the property along 65 Avenue South arterial. Extending the MDR zone west across 65 Avenue South to include the subject property would interrupt a solid line of LDR to create a small zone of multi family land. DEVELOPMENT CONSIDERATIONS- Much of the site is encumbered with wetlands, buffers and slopes. Through careful planning, the site could be developed as Low Density Residential, either with traditional single family Tots, or perhaps with a Planned Residential Development (PRD) to take advantage of the environmentally sensitive site conditions. Under the current LDR zoning, it is likely that the site could be developed somewhat farther west on the lot than the boundary the applicant requests. This might permit a greater number of houses to be built. The exact number of 6, 500 s.g. single- family lots that could be placed on the site depends on the layout. The maximum would likely be no more than approximately seven or eight. Under the Planned Residential Development (PRD), houses could be clustered to minimize environmental impacts, and the lot size could be reduced by 15 The proposed Medium Density Residential (MDR) zoning allows a maximum of 14.5 units /acre as duplex, triplex or fourplex buildings with a maximum height of 30 feet. The 1.41 acre rezone site could allow approximately 17 or 18 units to be built if the rezone request is approved. This density is unlikely, given the site's constraints. The applicant's preliminary site plan shows a total of 12 units in six duplex buildings i.e. fewer than the maximum that the Zoning Code allows with ,a single access onto 65 Avenue South. No development is proposed at this time. (Attachment M) Under the requested MDR zone, a multi- family development could be designed to minimize environmental impacts through clustering and careful site planning. Access to points onto 65 Avenue South and the resulting loss of parking could also be limited through careful site layout and design. Multi- family Planned Residential Development (PRD) is permitted on sites with wetlands or watercourses. Per the Sensitive Areas Ordinance (TMC 18.45.080. C), development shall be set back ten feet from the wetland buffers. Under certain circumstances the Director of the Community Development Department may waive buffer setback requirements. Per TMC 18.45. 080. G. 1, the DCD director may reduce standard wetland buffers on a case by case basis, provided the reduced buffer area does not contain slopes 15% or greater. Rf 5 10/16/2008 Q: \Comp Plan 2007- 2008 \Woodland View L07 -096 L07- 097\PC STAFF RPT—\VoodlandView-CarlstedtL07-096L07- 097.doc The applicant's preliminary site plan has been discussed internally by Planning and Public Works staff, but has not been formally reviewed for specific development potential, density and configuration. Any future multi family project Would need to meet all the development requirements of the zoning code. It would require a separate application, and since it is in environmentally sensitive land, would trigger design review. Site conditions make it difficult to accommodate more intensive development. Given the site's steep slopes and wetlands, both single family or multi family would require careful planning to ensure adequate access for fire protection and for private vehicles, utility service, storm drainage, parking, etc. In the vicinity of the project, 65 Avenue South is heavily used for on- street parking. Under either the existing LDR or the proposed MDR zoning, additional curb cuts for site access /driveways onto 65 Avenue South would require review and approval by the Public Works Department, and could be limited in number. Access drives would be limited to less than 15% slope, requiring significant grading and filling. In both the existing LDR zone, and the requested MDR zone, two parking spaces would be provided for each dwelling unit that contains up to three bedrooms. One additional off street parking space shall be required for every two bedrooms in excess of three bedrooms. COMPREHENSIVE PLAN REVIEW CRITERIA Planning Commission review is required for Comprehensive Plan and Zoning Code amendments. The Planning Commission may recommend approval, recommend approval with conditions or recommend denial of the amendment based on a clear compliance with the criteria that follow. The Planning Commission's recommendation will be forwarded to the City Council, which will make the final decision. 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? Four broad reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Comprehensive Plan's primary objective is preserving and enhancing Tukwila's neighborhoods. The Comprehensive Plan states the following: Comprehensive Plan Objective #1: "To improve and sustain residential neighborhood quality and livability." Under Low Density Residential (LDR) zoning and the Medium Density Residential (MDR) zoning, both single family homes and multi family homes provide opportunities for individuals and families to live in and contribute to the Rf 6 1 0/16/2008 Q:\Comp Plan 2007 2008 \Woodland View L07 -096 L07- 097\PC STAFF RPT-- WoodlandView- CarlstedtL07- 096L07. 097.doc community. Neighborhood residential quality and livability can be maintained with the current LDR zoning. There is no compelling reason that supports the change to MDR in order to promote "neighborhood quality and livability." Housing Goal 3.1 states the following: Continue to provide the City's fair share of regional housing. Either the current LDR zoning or the requested MDR zoning would allow housing to be built on the site. Housing Policy 3.1.1. states the following: Provide sufficient zoned housing potential to accommodate future single- and multi family households. This policy speaks to the need to provide adequate amounts of residentially zoned land. Both the current Low Density Residential (LDR) zoning and the requested Medium Density Residential (MDR) zoning would allow housing to be built in the future. LDR provides for single- family detached homes, and MDR allows buildings with two, three or four units. With either current LDR zoning or the requested MDR zoning, some type of housing could be built, consistent with this Comprehensive Plan policy. The policy provides no special requirement or justification for changing existing zoning from LDR to MDR in order to accommodate multi- family development. Capacity for additional multi family housing will be provided in the Tukwila Urban Center once the proposed Tukwila Urban Center Plan is adopted, and in the anticipated Tukwila Village development along Tukwila International Boulevard. Residential Neighborhoods Policy 7.3.1 demonstrates the community's commitment to residential neighborhoods as follows: 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single family and stable multi family neighborhoods; eliminates incompatible uses; and clearly establishes applicable development requirements through recognizable boundaries. 65 Avenue South currently acts as a clear boundary between the stable multi- family neighborhood to the east and the stable single family area to the north and south of the subject property. Keeping the current Comprehensive Plan map and zoning boundaries will maintain stability in the neighborhood. 2) Impacts The requested map change to MDR could potentially add up to up to 18 housing units to the site, increasing the overall housing stock in Tukwila. This would bring multi family units west across 65 Avenue S. At present, Low Density Rf 7 10/16/2008 Q: \Comp Plan 2007- 2008 \Woodland View L07 -096 L07- 097\PC STAFF RPT--WoodlandView-CarlstedtL07- 096L07- 097.doc Residential (LDR) runs continuously along 65 Avenue South from S. 151 to the City Hall driveway entrance on S. 154 Bbth single- family or multi family development on the site would add some traffic and noise. Trees would be removed, although some would be replaced. In terms of total new housing units, the impacts of future single family development on the existing LDR are likely to be less than the impacts of future multi family housing. MDR would probably require more impervious surface than LDR, but possibly fewer curb cuts and access points from 65 Avenue South. Denser MDR development would be more in keeping with the Growth Management Act's preference for compact development. Amending the Comprehensive Plan and Zoning Maps to MDR would allow expansion of multi family use across 65 Avenue South to a block that is currently exclusively LDR. 3. Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? As Tukwila and King County grow, there is public need and a Growth Management Act requirement for additional housing opportunities and choices. Demand for new housing could be met either by developing single family detached homes under the existing Low Density Development (LDR) zoning or by building duplex, triplex or four -plex homes that the proposed Medium Density Residential (MDR) zone would allow. Tukwila presently has 21% more multi family addresses than single- family addresses. 3, 476 apartment units and 733 condominium units total of 4, 209 multi family units, or 56% of all housing. There are 3,365 single family addresses, that comprise 44% of all Tukwila housing units. The Growth Management Act's call for greater housing density can be met by developing multi family in other locations throughout Tukwila which have fewer environmental concerns. Future capacity for multi family housing could be provided through redevelopment in the Tukwila Urban Center, once the TUC zoning is amended to allow additional residential use. Multi- family development will also be part of the Tukwila Village project on Tukwila International Boulevard. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The proposed change from LDR to MDR could benefit the greater community and the region by offering additional housing choice in the neighborhood. However, since Tukwila already has more multi family homes than single family homes, and since additional opportunities for multi- family development are Rf 8 10/16/2008 Q: \Comp Plan 2007 2008 \Woodland View L07 -096 L07- 097\PC STAFF RPT—WoodlandView-CarlstedtL07-096L07- 097.doc anticipated in other parts of the city, it is not clear that reducing the amount of land available for single family housing would actually benefit the specific Tukwila community. A positive side -effect of the rezone could result from the applicant's interest in possibly donating the western portion of the land that would remain LDR to the City of Tukwila for trails and open space. This donation, if it occurs, would benefit the community by ensuring that much of the property would remain undeveloped. Permanent, publicly -owned open space would be provided, and the wetlands would be protected. The possible donation should not be part of the consideration of the rezone request. It should be noted, however, that even under the existing LDR zoning, wetlands and buffers cannot be developed under any circumstances. The difference is that the undeveloped area would remain in private ownership, and would not be accessible to the public. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1) Is the issue addressed in the Comprehensive Plan? Is it needed? Comprehensive Plan objectives, goals and policies that acknowledge the need for Tukwila to retain residential neighborhoods, to provide regional need for housing, to retain adequate land zoned "residential and to provide housing in a stable neighborhood are addressed under the current Low Density Residential zoning. The Comprehensive Plan does not preclude MDR. The policies discussed above refer both to the existing LDR and the proposed MDR, but the Plan's policies offer no compelling justification to change the zoning from LDR to MDR. 2) Impacts? The property's development potential for single family or multi family residential use will be limited by site considerations including: Steep slopes Wetlands Potential geological instability Future development plans would undergo environmental, design review and building permit review. Rf 9 10/16/2008 Q: \Comp Plan 2007 2008 \Woodland View L07 -096 L07- 097\PC STAFF RPT--WoodlandView-CarlstedtL07-096L07- 097.doc The requested map change to MDR could potentially add up to up to 17 or 18 housing units to the site, and increase the overall housing stock in Tukwila. This would bring multi family units west across 65 Avenue S. At present, Low Density Residential (LDR) runs continuously along 65 Avenue South from S. 151 to the City Hall driveway entrance on S. 154 3) Meeting identified public need? Other options? At present, there are 21 more multi- family units than single family units in Tukwila. Other opportunities for multi family housing currently exist, with more opportunities anticipated when the Tukwila Urban Center Plan is adopted and Tukwila Village is developed on Tukwila International Boulevard. With the current preponderance of multi- family homes to single family homes in Tukwila, it is difficult to justify reducing the amount of Low Density Residential land in order to provide additional capacity for multi- family development. 4) Benefit to the community? The applicant's possible donation of the western 4.4 acres of the site would benefit the public by retaining the greatest possible amount of undeveloped open space on the site, and making this available for public use. However, under the existing LDR zoning, much of the property is likely to remain undeveloped due to wetlands and buffers, whether or not a donation occurs. It is not clear that reducing the amount of land available for single family housing would benefit the community since Tukwila already has more multi family homes than single family homes, and additional opportunities for multi family development are anticipated in other parts of the city. COMPREHENSIVE PLAN RECOMMENDATION: Staff recommends denying the request for Comprehensive Plan and Zoning Map P changes from Low Density Residential (LDR) to Multi Family Residential (MDR). FILE #L07 -096 ZONING MAP AMENDMENT /REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan Rf 10 10/16/2008 Q: \Comp Plan 2007- 2008\Woodland View L07 -096 L07- 097\PC STAFF RPT—WoodlandView-CarlstedtL07- 096L07- 097.doc Per the discussion of Comprehensive Plan Criteria (above), both the existing LDR zoning and the proposed MDR zoning are consistent with the gomprehensive Plan, as follows: Plan Objective #1 —To improve and sustain residential neighborhood quality and livability Goal 3.1 Continue to provide the City's fair share of regional housing Policy 3.1.1 Provide sufficient zoned housing potential to accommodate future single- and multi family households. Policy 7.6.3 Allow Planned Residential Developments (PRDs) for multi- and single family use on properties with wetlands or watercourses, or within the Tukwila South Master Plan Area in conjunction with the City Council's approval of a master plan. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.10.010 Purpose, the existing Low Density Residential (LDR) district is "intended to provide low density family residential areas together with a range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses." Single family homes are currently allowed. Per TMC 18.12.010 Purpose, the proposed Medium Density Residential (MDR) district is "intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing, and more intensively developed group residential housing and related uses..." The proposed rezone from Low Density Residential (LDR) to Medium Density Residential (MDR) would allow duplex, triplex or fourplex housing to be built. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map In 1995, the land immediately south of the site was zoned Medium Density Residential (MDR), in order to recognize the existing San Juan South apartments. Conditions have not changed significantly since that time to warrant the proposed amendment to the Zoning Map. 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and Rf 11 10/16/2008 Q: \Comp Plan 2007- 2008 \Woodland View L07 -096 L07- 097\PC STAFF RPT--WoodlandView-CarlstedtL07- 096L07- 097.doc general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located In a broad sense, allowing additional multi family housing to be built could benefit the region and the community by providing additional housing choices. However, more specific to the site, any housing that is built either single family or multi- family-- would need to be planned carefully to accommodate environmental conditions, as well as to limit the number of curb cuts onto 65 Avenue South. Zoning should strike a balance between single family and multi- family and use and zoning without jeopardizing current development of single family homes. The rezone would allow higher density housing to be built. This future development would be consistent with multi family development east across 65 Avenue South, as well as development to the south. It would, however, be inconsistent with the other single- family development to the immediate north and south of the property. A specific traffic study has not been prepared. However, rezoning the property to MDR would result in denser development and somewhat greater traffic impacts than development under the existing LDR zoning. Subsequent site development applications for SEPA and Design Review would address specific impacts such as traffic, parking, environmentally sensitive areas and impacts on abutting property. Environmental review, design review with a Board of Architectural Review hearing and public involvement would provide Tukwila a clear mechanism to evaluate any future proposed development, and to mitigate potential negative impacts to the adjacent properties and the community. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: The current Low Density Residential (LDR) zoning is consistent with the Comprehensive Plan policies to that support housing. The proposed Medium Density Residential (MDR) zoning, although consistent with the Comprehensive Plan policies to that support housing generally, is not needed to meet projected housing demands. 2) Consistency with Zone: Single family homes can be built under the current Low Density Residential (LDR) zoning. If added density is desired at the site, the proposed Medium Density Residential (MDR) would allow a range of smaller -scale multi family structures, including duplex, triplex or fourplex structures, to be built. 3) Chanced conditions: Rf 12 10/16/2008 Q:1Comp Plan 2007 2008 \Woodland View L07 -096 L07- 097\PC STAFF RPT--WoodlandView-CarlstedtL07-096L07- 097.doc Conditions have not changed to justify the rezone. 4) Community interest: e Single- family housing can be built under the existing zoning. There is no compelling benefit to the rezone. The rezone and resulting development would bring multi family across 65 Avenue South into a small, existing single family neighborhood. ZONING RECOMMENDATION: Staff recommends denial of the rezone from Low Density Residential (LDR) to Medium Density Residential (MDR). Rf 13 10/16/2008 Q: \Comp Plan 2007 2008 \Woodland View L07 -096 L07- 097\PC STAFF RPT—WoodlandView-CarlstedtL07- 096L07- 097.doc ATTACHMENT A y qs' C ITY OF' TUKWILA O 5 N y Department of Community Development CONIPIZEIIENSI t ii 10 6300 Southcenter Boulevard Tukwila, WA 9818 PLAN .6 `t -to F p Telephone: (206) 431 -3670 FAX (206) 431 -3665 r tp L k E -mail: tukplan@ALtukwira.-wa.us AMENDMENTS S 1908 APPLICATION FOR STAFF USE ONLY Permits Plus Type: P.-CPA Planner: 2ege c.0 X 1 File Number: 1_017 0 (t1 Application. Complete (Date: 5 l /as) 'Project File Number: riy t b Application Incomplete (Date: 1 Other File Numbers: NAME OF PROJECT/DEVELOPMENT: \tk..1- l fatal \.l t 2,u)" Cety reillPv�sIAL 1) LW Incl. `t 7 e r LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 2 y 6 Ave LIST AL- L- TAXLG NUMBERS-(this information may be found an your tax statement). 700 CO T7 DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the owner /applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: /2 i ohr'f� c r Address: g 2 (>2_ r a de 1L4 9?iVC Phone t -e %32, '25/6 FAX: E -mail: /f Signature: /e; r e r y z C�e.= f Date: 24 /4 7 Attachment A A. COMPREHENSIVE PLAN DESIGNATION: Existing: Proposed jO 611 B. ZONING DESIGNATION: Existing: _Z /2_ Proposed: i ll' C. LAND USE(S): Existing: Pe.,, U c_ elect- /f.•/ I Proposed: H A F4 p T (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. z s A cle€ d 5 r IFt q l frk 01-/S ec e- 6;4-3 7! V-L.4 ‘i; e C /6.c;.s h Az-- 23 C4 i P \Plannine Forms\ Applications \CompPlanChg- b- O6.doc December 4, Mb RECEIVED MAY 08 MO COMMUNITY AMENDMENT TO THE COMPREHENSIVE PLAN DEVELOPMENT Wt WILL ATTEMPT TO EXPLAIN YOUR REASONS TO CHANGE THE ZONING ON KING COUNTY PARCEL #3597000260. CRITERIA QUESTIONS: 1. A DETAILED STATEMENT OF WHAT IS PROPOSED AND 'WHY; THE PROPOSAL IS TO CHANGE TIRE ZONING TO MATCH THE SURROUNDING DENSITY. WE PROPOSE TO REQUEST EITHER HIGH DENSITY FOR APARTMENTS OR MEDIUM DENSITY FOR DUPLEXES. 2. A STATEMENT OF THE ANTICIPATED IMPACTS OF THE CHANGE, INCLUDING THE GEOGGRAPHIC AREA AFFECTED AND ISSUES PRESENTED BY THE PROPSED .CHANGE; THIS PARCEL IS LOCATED AT THE HIGHEST POINT IN THE AREA.. A 35,000 S. F. WETLAND IS ON SITE. THE IMPACT OF THIS PROPOSAL WILL BE MINAMUL WITH PROPER BUFFERS TO PROTECT THE WETLAND. 3. AN EXPLANATION OF WHY THE CURRENT COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS ARE DEFICIENT OR SHOULD NOT CONTINUE IN EFFECT THE COMPREHENSIVE PLAN AND DEVELOPMENT REQULATIONS NOT DEFICIENT. WE WANT TO CONFORM TO THE SURROUNDING ZONING. 4. A STATEMENT OF HOW THE PROPOSED AMENDMENT COMPLIES WITH THE AND PROMOTES THE GOALS AND SPECIFIC REQUIREMENTS OF THE GROWTH MANAGEMENT ACT. THE GROWTH MANAGEMENT ACT TAKES INTO ACCOUNT ENVIROMENTAL GOALS AND REQUIREMENTS. IT IS OUR PLAN DEDICAl'E THE MAJORITY OF THIS PROPERTY TO THE CITY SO THAT THE INTAGRITY OF THE WETLANDS CAN BE PRESERVED. 5. A STATEMENT OF HOW THE PROPOSED AMENDMENT COMPLIES WITH APPLICABLE COUNTYWIDE PLANNING POLICTRS. PLANNING POLICS USALLY SUPPORT THE CREATION OF PARKS AND PLACES THAT PROVIDE THE PUBLIC WHT RECREATIONAL ACTIVITIES. THIS WETLAND WITH WALKING TRAILS AROUD THE BUFFER IS SUCH AN ACTIVITY. 6. A STATEMENT OF WHAT CHANGES, IF ANY WOULD BE REQUIRED IN FUNCTIONAL PLANS IF THE PROPOSED AMENDMENT IS ADOPTED. THE SITE HAS ALL THE UTILITY SERVICES LOCATED IN THE STREET. STORMWATER WILL HAVE TO BE CHANNELED AWAY FROM THE WETLANDS. THIS WILL BE ENGINNERED BY A LICENSED CIVIL ENGINER 7. A STATEMENT OF WHAT CAPITAL IlvIPROVEMENTS, IF ANY, WOULD BE NEEDED TO SUPPORT THE PROPOSED CHANGE, AND HOW THE PROPOSED CHANGE WILL AFFECT THE CAPITAL FACILITIES PLAN. NO CAPITAL IMPROVEMENTS WILL BE NEEDED FORM THE CITY. THE THE DEVELOPER OF THE SITE WILL INCUR AL THE COSTS. THE WILL BENEFIT k ROM THE TAXATION ON THE FINISHED PROJECT. 8. A STATEMENT OF WHAT OTHER CHANGES, IF ANY ARE REQUIRED IN IN THE CITY CODES, PLANS OR REGULATIONS TO IMPLEMENT THE PROPOSED CHANGES. THE CITY CODES WILL NOT HAVE TO BE CHANGED. THE PROJECT WILL BE BUILT TO ALL CITY CODES. D ,��tLa, r CITY OF TUKWILA 1� P s ue'. Department of Community Development .4, i►� 0 6300 Southcenter Boulevard, Tukwila, WA diVIf)k 98188 {yI t �v�� O Telephone: (206) 431-3670 file lep 1 -3670 FAX (206) 431 -3665 d 4 `,r E -mail: tukvlan@citukwila.wa.us 1906 AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss COUNTY OF KING The undersign being duly sworn and upon oath states as follows: 1. I'� he current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contra tors or ther representatives the right to enter upon Owner's real property, located at t 5 "2• StX (p Pr.: 1 c: icw c 4� \U 1 for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXETED at 'e,1 (city), N'�;'� (state), on �e� -1 20 07 V •S5zi.*t" v c j rrt a n c" C-3 Sea- )Z Print Name de �r f c. r• l S> 1 1? d e;.0K 5 `7 Z'.i Address Z 92 i l c.r. /42_ 79-fa Zi A '/6 L 2s Z5r�-r5C' Phone Number t� 2 2- o g 2 g IA �L Signature 4--- l ...1 On this day personally appeared before me Vvti' FK �c11.� i a c., .0 t- to m e C kno w n to be the individual who executed the foregoing instrument and ackno ■lodged that he/she signed the satr?e as his/her voluntary act and deed for the uses and purposes mentioned therein. .SUBSCRIBED AND SWORN TO BEFORE ME ON THIS (.9:7 C- D Y OF S e r 20 NOTARY PUBLIC in and for the State of Washington t.. residing at P.e.eV Y1� t ��p tu /3,- u My Commission expires on 3 Y 1 U 1 P:\ PlanningForm"s\ tilit3tions \CompPlanChg- 6- 06 -doc December 4, 2006 1 1 O m Y O O m 1 r O gi 'i2 W Q N t N i VC 5 m it m lu/ e N N ti" :ONO c d e s o e (f'} N N N a v 3 ';I. gA lfs 1SlJ� r N a q •E 5 o *0 ----41 _t 1 5 4 i± 1 o gam s ''S's 31 r'+`' 0 1-11 I•1 if c- 1 I, a It is Si o N t Q ....".T......,,,./' S1' .Y,P 11 ux''-' i At b 1' 11 a Z c, off tp ui .,..,`Zri v °Y _...1 d a3 0 t" t 1 1 `3.. .i: p IWO NI .40 SW) irl' tai 1.--' ..-1 t MO La OC- z a a 4 ggs CI 3 O o- Vi y I 4 e t 1 r i e., m it° n N ap O L 9 g "s d.a Ac.4 1 n s t 5 go ma y N °a4^m g p'•= G bGb r ,Y1 v `-73 s r r n 4 g "cam. i a i I ATTACHMENT IMENT B CITY OF TUKWILA Department of Community Development ZONING CODE to r) 6300 SouthcenterBoulevarra Tukwila, WA 98188 t �l�i L1r1E1\ 1 Oil% t i t es Telephone: (206) 431 -3670 FAX (206) 431 -3 bbj t Y e E -mail: tukplan@ci.tukwila.wa.us J s./ 190E APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -ZCA Planner: C-( p f File Number: t_ 1 v c 1 Application Complete (Date: a pk$) Project File Number: Application Incomplete (Date: Other File Numbers: L. o 1- oe f E01 PROJECT/DEVELOPMENT: Lt A d /1 ,rt /An- NAME OF PR LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. fZ XX 4 AA- er. LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). g 4 7, zoo —(1) DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the applicantin meetings with City staff, e has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and o is the primary contact with the City, to whom all notices and reports will be sent. C C Name: Zet fiF7 Address: g 67- 7 2- J-2 -e i�W 1 Phone: 2L36 —42. 'C FAX: E -mail: Signature: rye I. Date: 2/ 7 7 Attachment B 'annine Forms \Aootica lions Zoned,ne- 6- 06.doc December 28, 2007 Ray Carlsted i C 3921 SW 102 St. Seattle, WA 98146 RE: Estate of Al White Property 65 Street, City of Tukwila Dear Ray: The above referenced site was evaluated for wetlands., The site contains what appears to be two wetlands. A western Category 2 wetland that will be far from any development and the eastern Category 3 wetland. The eastern wetland determines the extent of development. The eastern edge of the east wetlands was flagged and surveyed. The wetland has been previously determined to be a Category 3 wetland with a standard 50 foot buffer. This letter serves as a preliminary report to assist the estate in marketing the property. A final report with all the necessary information will be provided when needed. The east edge of the eastern Category 3 wetland will have a 50 foot buffer, The land between the edge of the buffer and the street is developable with regards to wetlands. Buffer averaging my be used for a final lot layout. If you have any questions please feel free to call me. Sincerely „i AJ Bredberg PWS, CPSS, CPSC 43691_2 3303 43rd St. NW Gig Harbor, WA 98335, USA 253.858.7055 Fax: 253.858.2534 ajb @wa.net A t, p 7 y cA, ID a c e_ in •7 7 ci• a r 1- tr e 0-1' co imp et): A t. e:00, A/0 r A E-f- d--- S 0,... 2 X e-- i p.,,..A.0 0.€ 0 7y :--e pv) e e-C/ ,Z.2-11 71 A/3/ .er jells/7y F 1'r NO. P --e 4---- $01...1. A._ .5A7- e.fy e.- /ci t, IS P•OVicit (5 cby I Sib h Z e s 6 4) 7/ 6 -e 0 1,,,,,,. i-61 t-o /O e .,3 0 F -4-h.t. C I-1 0 r 7 6- k Cti il, cAtc:/ iv, 14 ecp,h7 4, •I s 1 an o Y 0 0 m m V 1.... N N ta s' O Y 1 i n y ,0. 1 S V n it `,x, 33 1 SA y.x G. (J} fig Sty NI 1. i si e ve 0 1 1 ul~ it i a 4'n 'Ot (1 2 tv O o a. io W X 1" tai ei t —7 1 I ji tie I it c 4 10 1. u 'Z' Ili t --..1. 1 Y kil -A z a S 1 y 4 0. J et 1Pes,_ L:i X VA i Y1 S SA S I i a o r. v m n ill es e 4 ta ta i Q t 4„, q G Q �'Ob st i S 1 -,:::1"4 A O 74 s O n N d m o c n 9 1 i I H R Ifri si. I a 1 1 7 i ,11%V\ f cp I I :LDR► S 51 St 1 M 0 �S TA_ 's tI w� MDR Subject Property DR HDR i D6 1 0 )11-1, Woodland View Ak Low Density Residential (LDR) to Medium Density Residential (MDR) NORTH L07 -096 L07 -097 city of nsu ..I _1 steer Attachment C Tukwila 0 13 DO 300 450 600 9,1 ATTACHMENT D City of Tukwila Page 4 of 10 City Council Committee of the Whole Minutes July 14- 2008 SPECIAL ISSUES a. Interlocal agreement regarding the Community Development Block Grant (CDBG) and Home I estment Partnerships (HOME) programs. Coun. ]member Hernandez indicated this item was discussed at the Comm. Affairs and Parks Commi -e on June 23, 2008. The committee members were unanimou,7 recommending approval. Staff is s king approval to enter into an interlocal agreement with Kin•` ounty, which would extend through the 009, 2010 and 2011 program years. In order to comp- for CDBG funds, the City must enter into this •rmalized agreement with King County. At the request of •uncilmember Linder, Evelyn Boykan, Hu -n Services Manager, explained the CDBG funds are from Hou g Urban Development and allow City to assist low- income and up to moderate income rest' -nts. The HOME funds are fed funds used to preserve and develop permanent housing for I.= income people. The City -r inor Home Repair program is dependent on our participation in this conso m. The agreement al 0‘ s Tukwila to compete for funds.and operate our programs, and to make reco''mendations for ou-s ommunity, our sub- region and region as far as capital projects and public service pro'z cts. Ms. Boyle also clarified the agreement was recently approved by King County Council so it is no to +er a dra Councilmember Robertson questione.em IV.A.3, which mentions four cities that are not signing this agreement. Ms. Boykan explained $fne \-'ties are large enough to deal directly with HUD and, therefore, do not participate in the consort' f. Some jects, however, use HOME only funds, and in those cases those cities would have an app. unity to vote il,those projects (but not on a project that takes place in a city that belongs to the cons,! um). Depending o- -the type of funding and type of project, some members of the Joint Re J mendations Committee. RC) can vote and sometimes they do not vote. A "joint city" means a city's large enough to be their own':., titlement with HUD but they choose not to, and thereby they still hav,.--.:n arrangement with the County as'-•art of the consortium. Federal Way and Renton are cons' ed joint cities. COUNCIL C f,' i,SENSUS EXISTED TO FORWARD THIS ITEM THE NEXT REGULAR MEETING. b. The -cond amendment to the Development Agreement with WEA Southcenter, LLC, regarding signa A consensus was reached under item 3 to move this item forward with one amendment as discussed. ,Mn.n. raw. c. 2008 Comprehensive Plan Amendments (to be conducted in a Public Meeting format). Councilmember Hernandez indicated this item was discussed at the Community Affairs and Parks Committee on June 9, 2008. The committee members were unanimous in recommending approval to forward this item for discussion and public input. Council President Duffle called for comments from the audience. Rebecca Fox, Senior Planner, explained no action is needed tonight. She referenced the chart on page 92 of the agenda packet that outlines the various steps in the review process. The threshold decision to be made at the next Regular Meeting would be whether or not to forward the item to the Planning Commission for additional review. This year's Comprehensive Plan amendment is site specific and, therefore, is a quasi judicial decision. Any proposal that would go to the Planning Commission would then have environmental review. The Planning Commission would hold a hearing and take public comment, and then make a recommendation to the City Council_ The applicant would like to redesignate approximately 1.41 acres of a 5 -acre site from low density residential to multi family residential (at approximately S. 152nd Street and 65th Avenue S.). There is a mixture of single family and multi family homes in the vicinity. There are 14 single- family homes to the Attachment D City of Tukwila Page 5 of 10 Cily Council Committee of the Whole Minuit?s .July 14.2008 north in the Maple Tree subdivision. There are approximately 260 units of multi family apartments and condominiums to the east. To the south are single family homes, the San Juan South apartments, City Hall, Tukwila Park, and, to the west, Sunwood Condominiums. The entire site is wooded, with two wetlands with buffers on the east and west. There is 15 to 40 percent slope on much of the land, especially on the eastern two- thirds. The request for rezone is only on the eastern one- third. A wetland delineation study and geotechnical study were prepared. Any future development would require a more thorough wetland study. Ms. Fox noted that Attachment 6 (page 105 of the agenda packet) is a preliminary site plan provided by the applicant. There are proposed park trails on the western portion that the applicant has proposed to donate to the City; however, she stressed this portion is not part of the rezone. She also noted the preliminary plan shows some off -site parking. She explained any development that would occur would require parking on site. She reiterated the attachment is a preliminary proposal provided by the applicant that has not been formally reviewed by staff and would not necessarily be the type of development that would occur. Under low density residential, this 1.4 -acre parcel could have a maximum of 6.7 units per acre. On this site you could have a maximum of 9 lots under current zoning. Under the rezone proposal, you could have 14 -1/2 units per acre, so this site could potentially have a maximum of 20 units per acre. The maximum height under both zoning provisions is 30 feet. The site is constrained by slope and the wetland buffer. A planned residential development is a way to allow greater flexibility to allow additional open space and retain vegetation on the site. In response to a request from Councilmember Linder, Ms. Fox reviewed the specific questions to be used by Council in considering the proposed amendment Ms. Fox referenced the discussion criteria on pages 89 and 90 of the agenda packet, which includes four specific questions and related goals and policies. Is the issue already adequately addressed in the Comprehensive Plan? Is there a public need for the proposed change? Is the proposed change the best means for meeting the identified public need? Will the proposed change result in a net benefit to the community? Councilmember Robertson asked for clarification on zoning around the site, which was confirmed as follows: Zoning to the north is all LDR. Zoning to the west is half LDR and half HDR. Zoning to the south is entirely LDR, but includes some apartment buildings (San Juan South). Zoning to the east is entirely MDR. Ms. Fox stated three letters have already been received from the public, which are included in the agenda packet. Councilmember Hernandez disclosed she lives within close proximity to the property, and stated she feels she can be impartial and would like to sit on the Council for the issue unless there are objections. Council President Duffle again called for public comment Annette Gray repeated her earlier question (asked under "Citizen Comments Ms. Fox stated the trees are in the buffer zone and —per Attachment 6 in the agenda packet —the buffer zone is not part of the rezone. The buffer zone for the wetland identified as Class 3 on the east side has a 50 -foot buffer. On the west side is a Class 2 wetland with an 80 -foot buffer. Hugh Tobin, 15165 62nd Ave. S., Tukwila, stated there is an LDR subdivision immediately to the west of the subject site. He stated the proposal calls for moving the zoning boundary on one small portion of the lot from where it is now at 65th Ave. S., which is the eastern boundary of the site and the boundary between the LDR and MDR, to the border of a wetland. He feels it is an unusual concept to "up zone" the property immediately adjacent to a sensitive area to a zoning classification that is higher than what is immediately north and south of it and not divide it from the site by a road or other boundary. City of Tukwila Page 6 of 10 City Council Committee of the Whole Minutes lulu 14.2008 Deb Sorenson, 6221 S. 151st PI., Tukwila (which is Tract 5 on the map), stated 65th is already a very busy street, and wonders why both sides of the street are always lined with cars if on -site parking is required. She also noted the area to the north and south of the proposed tract is single family homes. She is also concerned about the "protection" provided by the wetland buffer, as her property actually contains wetland. Rick Roberts, 10305 Canyon Rd., Puyallup, stated the property owner is his client. He stated three quarters of the property is proposed to be given to the City as open space. The development would be on the east side of the tract and would be developed as duplexes. The development would not bother the wetlands or single family lots to the north. He stated many of the apartments on the east and south sides are older buildings and do not have much storm drainage. This development will have proper storm drainage because of new rules in effect. Water from houses and roads will be treated and not dumped into the wetlands. A. J. Bredberg, 3303 43rd St, Gig Harbor, stated he is the wetland scientist that did the preliminary work on the wetlands. The property owners for half the site are represented by an attorney (for an estate), and Mr. Ray Halstead and his son own the other half. Wetlands and buffer encumber the majority of the property. There is developable land and there are options of working with a PRD (planned residential development), which would result in a large number of houses. Changing the zoning of the eastern portion would result in a better use. Because the property is on an arterial, the Growth Management Act encourages directing housing density into the urban areas. He stated this project would only impact two or three single family lots, and the majority of the trees would be left as is. If a traditional single- family residential development were constructed here, there could be provisions for reasonable use exceptions, which may not provide as much preservation of open space as the current proposal. Ms. Fox clarified staff does not take a position on this project. Staff has prepared information for Council's review, and worked with the applicant and the consultant to that end. Andrea Sipe, 14961 62nd Ave. S., Tukwila, stated her parents built her current home over 50 years ago. She is against making changes to the zoning. She feels adding more rental properties would be a detriment, but acknowledged she might feel differently about a development where the residents would be the owners of the property. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Draft Walk and Roll Plan. Councilmember Linder indicated this item was discussed at the Transportation Committee on May 28, 2008 and June 10, 2008. The committee members were unanimous in recommending approval. Ms. Linder complimented staff on gathering input from many sources and guiding the committee members through the process. Jaimie Reavis, Assistant Planner, explained Walk and Roll is a Citywide bicycle and pedestrian plan. She stated no formal action is required this evening, and a Public Hearing has been scheduled for July 21, 2008. The draft plan has been reviewed by the Transportation Committee, which provided a list of recommendations for changes (items 1 -4 on page 111 of the agenda packet). The draft was also presented to the Community Affairs and Parks Committee for information, and an intensive public outreach effort and public input went into the draft plan. Comments from the public and Council will be gathered through the end of the Public Hearing next week. A final version will be presented to the Transportation Committee, including a response to the comments and an ordinance for adoption. Among the major policy items to be addressed are whether to adopt a complete street resolution or ordinance. Such an ordinance /resolution would state the City would consider all users of the roadways (including non motorized users) and provide for each of the users in the roadway when street improvements are made. Another policy item is prioritization, meaning which projects to build first. As items are added to the GIP, the plan could provide criteria for prioritizing those projects. ATTACIIMENT E CITIZEN LFTh it ;:i -C -1 8 r 1 700 8 City of Tukwila Department of Community Development comm UNITY 6300 Southcenter Blvd. #100 DE ELOp E, Tukwila, WA 98188 Re ?Zoning change requested at 152xx -65 Avenue So. Dear Sirs: As homeowners in Maple Tree Park (lot #10) for 12 years, we do not want to see two story duplexes built 20 feet from our backyard. We, as well as the homeowners of lots #5 -9, bought our homes because of the greenbelt backing the property. All of the Maple Tree Park homes (valued at $500K or more) would prefer only single- family homes b� in our neighborhood, or at least on our block. We have more than enough rentals on the east side of 65 Avenue South from which we can hear so many parking lot arguments, car alarms, loud sports fans yelling at their tv's, etc. We therefore strongly urge you to keep Parcel #3597000360 zoned as Low Density Residential. Respectfully yours, David Gloria Yoshino 6361 S.151 PL dated June 17, 2008. Attachment E 3.►I V� /JUN I8 COMMUNITY DEVELOPMENT City of Tukwila Department of Community Development 6300 Southcenter Blvd #100 Tukwila, WA 98188 16 June 2008 To whom it may concern, Hello. I am writing to voice my opposition to the development proposed at the east end of the property located at 152XX 65th Avenue South (Parcel #3597000360). That area along 65th Avenue South is already one of the least attractive areas of Tukwila east of I -5, occupied on the east side of the road by somewhat run -down apartment buildings. Additionally, and perhaps more pertinent, is the fact that 65th Avenue South is lined by parked cars (some that appear abandoned), presumably overflow from the people that live in the apartments. Adding more people and more cars to the area would likely make the situation worse. Currently, the only saving grace for that area is Tukwila Park on the east side of the street and the trees on the west side, where this development is planned. Whatever is done, please ensure that the area is improved, rather than making a bad situation worse. Thank you for your consideration. Jeff Anderson 15115 Sunwood Blvd Tukwila, WA 98188 jiN 2 6 2008 COMMUNpY DEVELOPMENT 6/25/2008 City of Tukwila Department of Community Development 6300 Southcenter Blvd #100 Tukwila, WA Subject: Zoning, Parcel 3597000360 I want to express my objection to the change in zoning of the subject parcel from LDR to MDR This change is likely for the purpose of constructing condominiums or apartments in an area where there is already an overabundance (east of 65th Ave S and on 62nd Ave S, including Sunwood blvd). The zoning classification MDR is not consistent with the housing west of 65th Ave S and adjacent to S 151st and S 153rd Streets. The housing there is mostly separate, single family residences with medium to large sized lots. I believe this area should be maintained and set aside for separate, single family residences, and not the higher density residences allowed with MDR zoning. Sincerely, I Maria C Notch 1405 Harrington Ave S, Renton, WA 98058 (Owner, Crystal Ridge Condominiums Unit A -304) 108 ATTACffiRNT F City of Tukwila Page 3 of 7 City Council Regular Meetina Minutes July 21. 2008 Since completing the draft plan, comments have been received from the public, and the plan has been reviewed by the Transportation and Community Affairs and Parks Committees, and at the Committee of t Whole. The public comment period for the plan will end at the close of this public hearing. 2 Jim GI. er, 4008 South 158th Street, commented regarding the need for standardization of trail and road signs. Glover indicated he uses the trails in the area, to include the Interurban and Green River trails. He has note• --d a reduction in the signage he previously observed on the trails. He relayed the importance o dequate and clear signage. People need to know where they are allowed to go, and attention needs be drawn to the trails, so citizens know they are available. Councilmember Her- -ndez indicated there used to be signs asking bicyclists to dismount in ain areas of the trails. She inqu -d if those types of signs would be replaced or has that practice en discontinued. Ms. Reavis indicated it is stl the standard to have that type of signage on t rail. She relayed that the issues of signage will be revie- ed before the final plan is compiled. 7:32 p.m. Mayor Haggerto. closed the public hearing. UNFINISHED BUSINESS a. Continued discussion on Draft Walk d Roll P The Councilmembers discussed elements of th= •raft Walk and Roll Plan and offered the following remarks: the need to clearly identify changes t`-- plan based on public input; further prioritization of capital funding issues based on the plan co. ponen the necessity to make a distinction between trails traveled for recreation and those used fo setting from •oint A to point B" (trails near homes for point -to- point travel are often used for crime ac ities); the need ..assure the "Safe Routes to Schools" element of the plan is addressed; and assur- ce that information be'. ovided to the Council regarding other City documents and budget issues th- ill be impacted by the pia Ms. Reavis indicated next st- •s include staff review and incorporatio -•f public comments into the draft plan. A final plan and ordi• -nce of adoption will be brought to the Trans: ation Committee and then to the full Council in Septer •er 2008. b. Authorize the ayor to sign an Interlocal Agreement with King County for ontinued participation in e Community Development Block Grant (CDBG) and Home In stment Partnership ME). programs. MOVED B HERNANDEZ, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SI AN INTERL CAL AGREEMENT WITH KING COUNTY FOR CONTINUED PARTICIPATION IN T COM i NITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNER IP (HOME) PROGRAMS. MOTION CARRIED 7 -0. c. 2008 Comprehensive Plan Amendments. The City has received a request to change the designation of 1.4 acres in the eastern portion of a property located at 152xx 65th Avenue South from Low Density Residential (LDR) to Medium Density Residential (MDR). Councilmember Hernandez indicated this item was discussed at the Community Affairs and Parks Committee meeting on June 9, 2008. The Committee members forwarded this item to the full Council for discussion. It was also discussed at the July 14, 2008 Committee of the Whole in Public Meeting format. MOVED BY HERNANDEZ, SECONDED BY LINDER TO FORWARD THE 2008 COMPREHENSIVE PLAN AMENDMENT TO THE PLANNING COMMISSION FOR A RECOMMENDATION.* Debra Tsuruda, 6220 South 153rd Street, spoke in opposition to the proposed Comprehensive Plan amendment. Ms. Tsuruda submitted a letter to the Department of Community Development regarding this issue that was distributed to the City Council. The letter states: Attachment F City of Tukwila Page 4 of 7 City Council Reaular Meetina Minutes July 21. 2008 "As long time tenants of the San Juan Apartments (25 years) we do not want to see two story duplexes in the back of our property. We have enjoyed the green belt backing to the west side of the San Juan's for many daytime walks. However, even that area has drawn police activity through the years. My understanding is that there will be trails throughout the proposed property in this zone -which will encourage even more illicit activity. The traffic on this hill has already become challenging because of the high density to the east of 65th, to the north of 51st, and to our immediate west. Nothing has been addressed concerning road changes or traffic. We already have cars speeding through 153rd, to which I will be addressing the City Council shortly regarding speed bumps along this street. We would prefer only single family homes built, as there are plenty of rentals already available on the hill. We therefore strongly urge you to keep Parcel #3597000360 zoned as Low Density Residential." Ms. Tsuruda commented that, in her view, the zoning designation map has mistakes in it based on her comparisons through the use of Google. She urged the Council to be good guardians of the community. Ray Carlstedt, 3921 SW 102nd Street, Seattle, is the half owner of the property that is the subject of this rezone request. The property had belonged to his mother -in -law, and they have been trying to sell it for the past 25 years. Mr. Carlstedt indicated he is not a developer, but a 40- hour -a -week machinist, and has been unable to sell the property with the current LDR zoning designation. The taxes on the property are prohibitive for him to continue paying. He relayed that the property is park -like, with trees, and he is willing to donate the other 4.4 acres to the City for a park. Rebecca Fox, Senior Planner, explained the Council is not being asked to approve the Comprehensive Plan amendment and rezone request this evening. The motion would refer this issue to the Planning Commission for their review and recommendation. If the Council chooses to refer this matter to the Planning Commission, they will then conduct a public hearing, which will be noticed in the newspaper. Property owners and residents within 500 feet of the subject property will also be notified. The item will then come back to the City Council for a public hearing, which will be similarly noticed. After this evening's Council meeting, if this item goes forward to the Planning Commission, there will be additional opportunities for public comment. The majority of the. Councilmembers expressed support regarding the importance of review and a subsequent recommendation by the Planning Commission on this issue. It was conveyed that the Planning Commission has the most experience regarding land use matters in the City. Due diligence in making an informed decision involves a broad scope of information and a full perspective, best afforded by a recommendation from the Planning Commission. Councilmember Robertson, speaking against the motion, offered the following comments. 1. On page 95 of the July 14, 2008 agenda packet, the applicant gives the reason for changing the zoning (from single family to medium density) as "conform to the surrounding zoning." A review of the zoning in the area indicates that the surrounding zoning is "single family," making the information provided by the applicant incorrect. 2. The applicant could choose to develop the front part of the property as single family if the applicant chose to sell at single family prices. The area in the back of the property is not able to be developed, regardless of the zoning designation, since it is a wetland. 3. To send this to the Planning Commission only makes sense if they can answer other questions that are required, and in Mr. Robertson's view, those do not exist. Additionally, all comments from the public, and in writing on this issue, have been in opposition to the proposal. To send this to the Planning Commission equates to postponing the decision and also increases their workload at a very busy time. *ROLL CALL VOTE: HERNANDEZ YES LINDER YES DUFFIE YES ROBERTSON NO GRIFFIN YES HOUGARDY YES QUINN YES MOTION CARRIED 6 -1 TO FORWARD THE 2008 COMPREHENSIVE PLAN AMENDMENT TO THE PLANNING COMMISSION FOR A RECOMMENDATION. H R Attachment g 1 x!9!4 1'9S III :ham: City of Tukwila Woodland View v UDR to MDR u) L07 -096 L07 -097 a) co Wetlands Steep cf Slopes S 15I St 1 IIIIIIIik r I A t:.,: 1 s ue_ 4‘tilii W f t °gym Subject Property J P rtY H ®MEN! HDR L L 4414 DR cp 2 s A 1 �l.Jn..r M IfIET O 75 150 300 450 600 Slope Classifications Wetland Legend Landslide potential is moderate; slope is between 15% and 40% 2 and underlain byrelewely permeable soils. 1- =1 Type 2 Wetland Landslide potential is high; slope is between 15% and 40 %and 1 I Buffer Type 2 Wetland -80ft underlain by relatively impermeable soils or by bedrock; also includes yp 3 all areas sloping more than 40 Landslide potential is very high; includes sloping areas with mapp Ty 3 Wetland GIS zones of groundwater seepage and existi ng mappable landslide deposits I 4 regardle of slope. I I Buffer Type 3 Wetland -50 feet Tukwila RECEIVED ATTACHMENT H t pV 0 8 200 Consult! H g Robert M. Pride, LLB E P MEN T April 21, 2008 Mr. Ray Carlstedt 3921 SW 102nd Street Seattle, WA 98146 Re: Geotechnical Feasibility Report Proposed Residential Development to AlfiftemEntaties on 65th Avenue South Tukwila, Washington Dear Mr. Carlstedt, This report presents the results of geotechnical evaluation of the property located on the west side of 65th Avenue South in Tukwila. The property is situated on a moderately steep slope above the west side of the Parkway and is directly above an existing residence on Lot B. A previous site investigation was performed for the entire parcel in 1989 by GeoEngineers, and it is understood that only the easterly portion of this property will be developed for towrihome or apartment use. The purpose of this report is to update the original engineer's report, and to provide recommendations for site development. Site development plans have not been prepared for the easterly portion of this site that will be created for multi- residential use. Available USGS geologic mapping along with the prior test pit date was used as references for this study. Site Conditions The near- rectangular property measures about 350x770 feet extending from 65th Avenue to 62nd Avenue. Natural undeveloped terrain varies from a high elevation of 200 feet at the northeast corner to a low of about 140 feet on the west side. Two wetland areas are located on the west and south central portions of the property. A moderate growth of trees and shrubs cover this site. Subsurface soil conditions were determined by excavating six test pits on the east section of this property. Except for the wetland area in the south central portion of the site, all test pits encountered weathered dense bedrock. This bedrock consists of sandstone and conglomerate that is typical to this area of Tukwila. Approximately one foot of organic topsoil covers the property, except around the edge of the wetland where thicker deposits of topsoil and loose organic soils have been deposited at the water's edge. No groundwater was encountered in the five test pits away from the wetland that were dug at elevations above 150 feet. Summary logs of the test pits are attached. 13203 Holmes Point Drive NE Kirkland, WA 98034 Phone: 425 814 -3970 Fax: 425 -814 -5672 Attachment H April 21, 2008 Mr. Ray Carlstedt Page 2 Seismic Hazards Earthquakes occur in the Puget Sound area with great regularity. The majority of these earthquakes are small and usually not noticeable. Large earthquakes do occur as evidenced by the 1949 (M7.2) Olympia event, the 1965 (M6.5) Tacoma event, and the 2001 (M6.8) Nisqually event. Normally the epicenter of these larger earthquakes is relatively deep below the ground surface. Generally there are four types of potential geologic hazards associated with large seismic events: 1) ground rupture, 2) landslides, 3) liquefaction, and 4) ground motion. The nearest known fault system is the Seattle fault zone located about five miles to the north. USGS continues to study this and other fault systems in the Puget Sound region, and it has been determined that they are capable of generating large earthquakes. Return periods for large earthquakes vary from 500 to more than 1000 years. The long recurrence intervals for nearby fault systems usually results in a low potential for ground rupture over the life of the proposed residential structures. Based on the subsurface soil conditions existing on this property, the potential for liquefaction is considered low outside of the wetland area. The medium dense sands and the dense bedrock on this site will provide adequate protection against lateral slope displacements during a seismic event. In accordance with the 2003 IBC Table 1615.1.1, the subject site is defined as Class C. Geotechnical Conclusions On the basis of the previous subsurface exploration and our recent geotechnical evaluation, this property is suitable for development of residential structures. A buffer setback of 5o feet from the mapped wetland area will be required, but the remainder of the site can be successfully developed for residential building pads. Site Excavation Excavation and some filling will be required to establish future building pads for the proposed residential structures. All of the excavated soils are suitable for reuse as compacted structural fill, or for backfill around the structure foundation walls and retaining walls. Some difficulty will be experienced in excavating the dense bedrock depending on the depth of the cuts required. Large rock in excess of 6 to 8 inches in diameter should not be used in any structural fills within the building pad areas. Temporary slope cuts should be made no steeper that 1H:ZV where they expose the upper sand and gravel soils. Near vertical cuts in the weathered bedrock will stand without caving or sloughing. 13203 Holmes Point Drive NE Kirkland, WA 98034 Phone: 425 -814 -3970 Fax: 425 814 -5672 April 21, 2008 Mr. Ray Carlstedt Page 3 Foundation Recommendations Continuous bearing wall footings and isolated pads may be designed for an allowable soil bearing value of 2000 and 4000 psf for foundations on compacted structural fill and bedrock, respectively. Estimated settlements of footings placed on approved bearing soils/bedrock will be negligible. Resistance to lateral loads may be provided by passive earth pressure and by sliding friction. We recommend a passive pressure of 250 pcf for footings and retaining walls poured against native soils and supporting compacted backfill. Retaining Walls Proposed retaining walls should be designed for an active earth pressure of 3o pcf and a passive value of 300 pcf. Subdrains should also be installed at the base of the retaining walls to collect possible groundwater seepage from the adjacent planter areas. Erosion Control and Drainage Normal erosion control procedures should be in place during project construction during the winter months. Silt fencing will be needed around the south and easterly sides of the project site, and quarry spans should be placed for equipment access off of 65th Avenue. Site drainage improvements will include the installation of footing subdrains, area drains and roof down drains. Discharge of these drains should be directed to an approved discharge outlet. Summary We recommend that we be retained to review the final drawings for foundations and earthwork to confirm that they are consistent with the recommendations of this report. Construction monitoring and consultation services should also be provided to verify that subsurface conditions are similar to those described in this report. Should conditions be revealed during construction that vary from the anticipated subsurface profile, we will evaluate those conditions and provide alternative recommendations where appropriate. Field construction services should be considered an extension of this initial geotechnical investigation, and are essential to the determination of compliance with the project drawings and specifications. Such activities would include site and foundation excavations, preparation of the building pad area, retaining wall excavations, subdrain installations, and fill placement and compaction. The conclusions and recommendations presented in this report are based on 1; our 13203 Holmes Point Drive NE Kirkland, WA 98034 Phone: 425 814 -3970 Fax: 425 814 -5672 April 21, 2008 Mr. Ray Carlstedt Page 4 interpretation and evaluation of soil conditions on this site, 2) confirmation of the actual subsurface conditions encountered during construction, and 3) the assumption that sufficient observation and testing will be performed during construction. Our findings and recommendations in this report were prepared in accordance with generally accepted principles of geotechnical engineering as practiced in the Puget Sound area at the time our work was performed. We make no warranty, either express or implied. Please call me if there are any questions regarding this report. Respectfully, 5 .1\ Robert M. Prid P. y y x Principal Geotechnical Engine £t- dist: (2) addressee 1-6271 encl: Appendix A s ue rmp: CarIstedtResi k .,nzs e" CA 1 13203 Holmes Point Drive NE Kirkland, WA' 98034 Phone: 425- 814 -3970 Fax: 425 814 -5672 LOG OF TEST PIT DEPTH BELOW GROUP SOIL GROUND SURFACE CLASSIFICATION (FEET) SYMBOL DESCRIPTION TEST PIT 1 APPROXIMATE ELEVATION: 162 F &ET tt 0.5 SM DARK BROWN SILTY FINE SAND WITH ORGANICS (LOUSE. WET) 0.5 1.0 SM BROWN SILTY FINE TO MEDIUM SAND WITH OCCASIONAL GRAVEL AND SMALL ROOTS (MEDIUM DENSE, MOIST) 1.0 4.5 SM LIGHT BROWN SILTY.FLNE TO MEDIUM SAND WITH GRAVI-:1. (MEDIUM DENSE TO DENSE, MOIST) 4.5 11 SM LICHT BROWN SILTY FINE TO MEDIUM SAND WITH GRAVEL (DENSE TO VERY DENSE, MOIST) 1I.S 12.0 SM LIGHT BROWN SILTY FINE TO MEDIUM SAND WITH COBBLES (VERY DENS MOIST) (WEATHERED ROCK) TEST PIT COMPLETED AT BEDROCK AT 12.0 FEET ON 3/10/69 SAMPLES OBTAINED AT 0.7 AND 3.0 FEET TEST.PIT 2 APPROXIMATE ELEVATION: 1.72 FEET 1.0 SM DARK BROWN SILTY FINE SAND WITH ORGANICS (LOOS.E, .WET) 1.0 7.0 .Std LIGHT BROWN SILTY FINE TO MEDIUM SAND WITH OCCASIONAL GRAVEL AND WITH ROOTS TO DEPTH OF 3.0 FEET (MEDIUM DENSE TO DENSE, MOIST) 7.0 9.0 SM LIGHT BROWN SILTY FINE TO MEDIUM SAND WITH GRAVEL (VERY DENSE, MOIST) (WEATHERED ROCK) TEST PIT COMPLETED AT 9.0 FEET AT BEDROCK AT 9.0 FEET ON 3/10/89 NO GROUNDWATER SEEPAGE OBSERVED TEST ('IT.) APPROXIMATE ELEVATION: 198 FEET U 1.0 SM DARK BROWN SILTY FINE SAND WITH ORGANICS (LOUSE, WET) 1.0 3.5 ROCK GRAY WEATHERED ROCK WITH NUMEROUS FRACTURES AND WITH REDDISH -DROWN SAND 1 TEST PIT COMPLETED AT 3.5 FEET AT BEDROCK ON 3/9189 NO GROUND WATER SEEPAGE OBSERVED THE DEPTHS ON THE TEST PIS LOGS, ALTHOUGH SHOWN TO 0.1 FEET, AKE BASED UN AN AVERAGE uF MF:ASUKEM>;NTS ACROSS THE TEST PIT AND SHOULD BE CONSIDERED ACCURATE TO 0.5 FEE to w 0 LOG OF TEST PIT l eo �P �;ngi Heel' FIGURE 3 LOG OF TEST PIT DEPTH BELOW GROUP SOIL GROUND SURFACE CLASSIFICATION (FEET) SYMBOL DESCRIPTION TEST PIT 4 APPROXIMATE ELEVATION: I61 FEET 1.0 SM DARK BROWN SILTY FINE SAND WITH ORGANICS (LOOSE, MOIST) 1.0 3.0 SM LICHT BROWN SILTY FINE TO MEDIUM SAND WITII GRAVEL (DENSE TO VERY DENSE, MOIST) 1.0 9.0 SM LICHT BROWN SILTY FINE TO MEDIUM SAND (VERY DENSE, HOIST) (WEATHERED ROCK) TEST PIT COMPLETED AT BEDROCK AT 9.0 FEET ON 3/10/89 NO GROUND WATER SEEPAGE OBSERVED TEST PIT 5 APPROXIMATE ELEVATION: 150 FEET u.l 5M DARK BROWN SILTY FINE SAND WITH ORGANICS (LOOSE, WET) '1.1 4.0 SH .LIGHT BROWN SILTY FINE TO MEDIUM SAND (VERY DENSE, MOIST) (WEATHERED ROCK) TEST PIT COMPLETED AT BEDROCK AT.4.0 FEET UN 3/10/89 NO CROUND WATER SEEPAGE OBSERVED LOG OF TEST PLT t t S EI igi nce1'� FIG E 4 LOG OF TEST PIT 1 DEPTH BELOW GROUP SOIL GROUND SURFACE CLASSIFICATION (FEET) SYMBOL DESCRIPTION TEST PiT 6 APPROXIMATE ELEVATION: 146 FEET o 0.4 SM DARK BROWN SILTY FINE SAND WITH ORGANICS (LOOSE, WET) .,u SM B,ROWNISII -CRAY_ SILTY FINE TO MEDIUM SAND WITH OCCASIONAL GRAVEL (100SE, MOIST) •.0 3.0 ML /SM CRAY FINE TO MEDIUH SANDY SILT TO SILTY FINE TO MEDIUM SAND (MEDIUM STIFF TO LOUSE, MOIST To WET) 1.11 ).S HL /OL DARK BROWN SILT WITH ORGANICS AND SAND (SOFT, WET) ).5 5.5 SP -SM BROWN FINE TO COARSE. SAND WITH GRAVEL AND SILT (MEDIUM DENSE, WET) 5.5 7.0 SM CRAY VERY SILTY FINE TO COARSE SAND WITH COBBLES (MEDIUM DENSE,.WET) TEST PIT COMPLETED AT 7.0 FEET ON 3/10/89 TEST PIT ENDED DUE TO EXCESSIVE CAVING RAPID GROUND WATER SEEPAGE. OBSERVED AT 1.5 FEET "SAMPLES OBTAINED AT 1.2, 2.5, 3.2, 4.5 AND 6.0 FEET TEST PIT 7 APPROXIMATE ELEVATION: 165 FEET 0.5 SM DARK BROWN SILTY FINE SAND WITH ORGANICS (LOOSE, MOIST) ).0 SM LIGIIT BROWN SILTY FINE TO- MEDIUM SAND WITII OCCASIONAL GRAVEL (LOOSE TO MEDIUM DENSE, MOIST) 1.81 5.0 SM LICHT BROWN SILTY FINE TO MEDIUM SAND WITH OCCASIONAL GRAVEL (DENSE TO VERY DENSE, MOIST) (WEATHERED ROCK) TEST PIT COMPLETED AT 5.0 FEET ON 3/10/89 TEST PIT ENDED DUE TO LARGE BOULDER AND WEATHERED ROCK NO GROUND WATER SEEPAGE OBSERVED SAMPLE OBTAINED AT 2.0 FEET c ia7 1,1 ,/1 LOG OF TEST PIT %�Eo nricers FIGURE 5 ti� i D CID 110 a SCALE I?J FEET N f 1 C., /r TP- ---i t 1 N-,, j tX a s 4 1 t 7 cidial4 a ir 0a2 i j t 1 1 \NN NP-A7 3 t i IA ,s t/"3:44. is-9, I 1. I I N EYP%ANATIOM: TP -1-$— TEST PIT LOCATION AND NUM8Eft Ref: Baima Holmberg survey drawing for Alpine motes I SITE PLAN f Proposed Multi- Residential Development Project No. 85 Avenue South C�rativ �J�. Tukwila, Washington Coryulti� En ear i I bert M. Prick, LC j: o J 4 N c o c ce 1?-' -,..W.,-----,:-_..'„,--.----,,-,,-; :::".t-1 J m f r tom' of Of la 7 1 T ,cad :c S¢ 3 Aa. 3� 0 O sib r F f -.y,-----.-.-..,r i 3 1 00 O yy�! s P F jam' F z 4S tj i i f al e 1 4. r te „!:41 __d.� j f a y +c s s' h= t= `A" z l rf .gym €--f f a cr +r 'y .-....:=1 x- i -7- 41-_,. :-IT'l i!..r.--- ----.,,,t,.--5-13,-,:-;:kk------A_.[_-!_;--,w,T-_,:4,-:- A.,-_:: :.t.., RE f ;:t7--tI '�Y- z -qt r z' 6 �3. fi j t-_ 'I- y �s -rte £'"c _t----, „..___==-,,77 1 t Fr i --z r iT=- L am E s s' •s ay fe es,, J ,-c '1 a b 4 -�C "te a ATTACHMENT J z NAY 0 7 L£}- COMUiliTY f DEVELOPMENT Title: Wetland Delineation and Documentation of Findings on Tax Parcel Number 3597000260, King County, City of Tukwila, Washington Prepared for: Ray Carlstedt, Applicant, 3921 SW 102nd St., Seattle, WA 98146 Phone: (206) 932 -8246 Report preparation date: 2 May 2008 For presentation to: City of Tukwila, Dept. of Community Development 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188, Phone: (206)431 -3670 Prepared by: John Wesley Jennings, Wetland Specialist P. 0. Box 9635, Tacoma, WA 98490, (253)474 -5432 Attachment 3 INTRODUCTION The applicant, Ray Carlstedt, has applied for a zoning change for tax parcel num1er 3597000260. The City of Tukwila Department of Community Development personnel (the Staff) have determined there are two wetlands on the above tax parcel. Therefore, they have requested that a wetland sensitive area study be conducted. The applicant talked the situation over with Rebecca Fox and other personnel within your department. The Tukwila Department of Community Development has a prepared handout that summarizes the requirements for a wetland sensitive area study. However, this is a request for rezoning, and not a development proposal. The Staff has reviewed the city coding requirements and determined that only the technical requirements of item 6.a. would be required at this time. This basically is the data collection phase of a wetland determination. A copy of this wetland sensitive area study handout is attached to the Appendix of this report. In verbal communication with Rebecca Fox I was told the required input that must go into this wetland study. In addition to the requirement to address only item 6.a. has noted above, I was told there is the need to study only the eastern wetland. In a personal visit to your office, I obtained a copy of the GIS resource mapping for the Carlstedt property. This map is attached to the Appendix of this report and labeled as the CityGIS Map. This GIS mapping layer indicates two wetland areas: the western one designated as a Type 2 wetland, and the eastern one as a Type 3 wetland. My findings as described below are in close agreement with this CityGIS mapping. PROCEDURES and FINDINGS 1. The first steps taken were to review that project requirements and the regulations that must be followed. Because of its importance, the Introduction Section explains the rational why this report contains a subset of the requirements for a full wetland report. This process is abbreviated because at this time there is just a request for a zoning change, and not a development proposal. The direction for wetland procedures and requirements are taken from the Washington State Wetlands Identification and Delineation Manual (Wetland Manual), Ecology Publication #96 -94; the City of Tukwila Code, Chapter 18.45, Environmentally Sensitive Areas; and the U. S. Department of Interior Classification of Wetlands and Deepwater Habitats of the United States (Cowardin Classification). 2. The study site can be easily segregated into two separate upland and wetland areas. There is no need to make a gridded search to find additional wetland areas. Wetland A, the critical eastern wetland for making a rezoning decision, was traversed and the wetland delineation boundary marked with pink flagging labeled as.WL -Al to WL -A25 and then WL -A -Last. Land interior to the wetland delineation line meets all three of the wetland criteria statements: wetland hydrology, hydric soils, and hydrophytic vegetation. Lands exterior to this wetland delineation line fail to meet one or more of the required wetland criteria statements. These wetland delineation points were then surveyed by Pacific Northwest Land Surveyors, LLC, of Puyallup, Washington. The acreage of Wetland A is 35,435 square feet. Almost the entire Wetland A area is on the study parcel except about square feet that extends offsite to the south. 3. Five plots were taken to characterize both upland and wetland conditions within the study parcel. These plots are labeled as -UPL -1 -Plot, UPL -2 -Plot, WL -A1 -Plot, WL -A2 -Plot, and WL -A3 -Plot. Information on the vegetation, hydrology, and soils were recorded on DATA FORM 1 for a routine wetland determination as described in the Wetland Manual. These forms are attached to the Appendix of this report. The UPL -1 Plot records resource conditions in a relatively normal upland area. The UPL -2 Plot is taken very close to the wetland delineation boundary. The three wetland plots, WL- A(1,2,3) -Plots represents typical resource conditions found within the Wetland A area. These wetland plots indicated that this wetland has vegetation dominated by the shrub layer with small percentages of trees and scattered presence of an emergent understory vegetation. Within the Cowardin Classification System, Wetland A is a Shrub -Shrub Class, Palustrine System, and meets the hydrophytic vegetation criteria. Hydrologically, the wetland plots are seasonally inundated with waters during the winter, spring, and early summer seasons, and meets the wetland hydrology criteria. The soils within the wetland area are relatively close to the Pu, Puget silty clay loam soil mapping unit as described in the Soil Survey, King County Area, Washington, and meets the hydric soil criteria. Due to difficulty in access the wetland plots the survey crew could not survey all plot locations. This wetland specialist has marked and labeled the plot locations on the Wetland Site Map. 4. A Wetland Site Map has been prepared by the combined efforts of the surveyor and this wetland specialist. The underlying survey map defines the property lines, road system, wetland delineation, and other associated detail typically found on survey documents. This wetland specialist has added the following detail to the survey map and re- labeled it as the Wetland Site Map. Both the original survey map, labeled as WETLAND EXHIBIT, and the Wetland Site Map are attached to the Appendix of this report. The added details to make the Wetland Site Map includes the following. a. A new title to the map, labeling it as the Wetland Site Map. b. The addition of the field wetland flag numbers that correlate with the assigned survey numbers found on the survey map. c. The location of the upland and wetland plot locations. Plots WL -A1 -Plot and WL -A2 -Plot lack any survey data and are conceptual as to their true location. d. The 50 ft. standard wetland buffer width has been added around the eastern wetland area. e. A signature block is added to identify the Wetland Specialist that has made these modifications to the original survey document. 5. The wetland was rated following Tukwila Code 18.45.080.(B) and (E). It was determined that the conditions in the field did not meet the conditions as outlined for a Type 1 or Type 2 wetland area, and by default meets the description for a Type 3 wetland rating. The standard wetland buffer width for a Type 3 wetland is 50 feet. This wetland buffer is shown on the Wetland Site Map but has not been located in the field. 6. It was stressed by Tukwila Department of Community Development personnel that work needed to be done on the water courses in the area. There is a water course that is shown on the Tukwila City GIS Map flowing in a southeasterly direction from Wetland A. The legend indicates this is a Type 4 water course. Additionally an unidentified water course was found that drains from Wetland B. These two water courses both drain in a southerly direction but angle off in slightly different directions. The two water courses do not join together. a. The water course off the southern tip of Wetland A flows a short distance into a very small wetland area; then into a crudely constructed ditch; then at S. 153rd St. goes into a buried culvert system that appears to drain toward a dual infiltration /retention pond about 250 feet west of the pagoda in Tukwila Park; and from there waters likely infiltrate into the soil layers or tie into the local road drainage systems. This water course has intermittent flow periods and would not support any life phase of a salmonid species. It is correctly classified as a Type 4 water course and should have a 50 feet water course buffer. This water course buffer is shown on the Wetland Site Map and is totally interior to the the Wetland A and Wetland A buffer areas. b. The water course off the southern portion of Wetland B was found in the field after searching for a water connection between Wetland A and Wetland B. The water course off Wetland B flows in a southerly southwesterly direction through sections of buried culvert and stretches of a relatively natural stream channel. It was traced laterally to a point just east of the junction of Southcenter Blvd. and 62nd Ave. S. at the prominent Tukwila City Hall sign. From there the water course flows into another culvert that heads toward Interstate 405. It is questionable if this water course is intermittent or perennial, but should not support any phase of a salmonid species since they must pass through buried culverts sections and debris traps. This water course would classify as a Type 3 or Type 4 water course. 7. In summary, the application for a zoning change on the eastern portion of this property hinges upon the wetland conditions found at the eastern wetland area: Wetland A. This wetland has been delineated in the field and the delineation boundary accurately tied into the property boundary by a licensed surveyor. The size of this wetland has been determined to be 35,435 square feet or 0.81 acres. Plots were taken to characterize the wetland and upland resource conditions. Wetland A is a palustrine, shrub -shrub class, wetland system. It classifies as a Type 3 wetland area requiring a standard 50 ft. wetland buffer as provided for in Tukwila City Code 18.45.080.(B and E). Field work was conducted to determine if Wetland A and Wetland B are connected by surface waters. It was established they are not. Both of these wetlands have outlets that flow waters in a southerly direction. However, they are angling away :from each other without a confluence of the water courses. The water course associated with Wetland B is not shown on the CityGIS Map and this may represent new data. 8. In the matter of professional experience, I would simply state that I have been on the wetland specialist list of Pierce County from 1991 to the present. During that time period I have conducted over 300 wetland reports. Most of this wetland work has been done in Pierce County, with some submissions to other counties and city jurisdictions as in this case. From 1967 -1990 I was employed by the US Forest Service as a forester, soil scientist, and watershed specialist. I have a BS degree in Forest Science from the University of Washington, 1967, with graduate studies in soil science at Oregon State University and Cornell University. Hopefully, the described and attached wetland and water course field studies are helpful in reaching a determination concerning a rezoning application by the applicant. In closing, one should recognize there is always a degree of uncertainty in scientific endeavors. Other individuals may have more time and discover new data that could lead to different conclusions. I would simply state I have conducted this wetland investigation, reported my findings, and made my conclusions and recommendations to the best of my abilities. If I may be of any further assistance, I may be contacted at 253 474 -5432. Wes Jennings, Soil Scientist Wetland Specialist Puget Land Consultants APPENDIX A r Guidance for Preparation of Sensitive Areas Special Studies: Wetlands and Watercourses Who Should Prepare the Wetland or Watercourse Sensitive Area Study? An applicant whose proposed action is on property that may contain a wetland or watercourse must submit a Sensitive Area Special Study under Tukwila Sensitive Areas Ordinance (Municipal Code 1 8.45.040). The study must be prepared by a qualifies experienced professional as required under the code (i.e., for wetlands a Certified professional Wetland Scientist or a professional with at least 2 years experience in wetland work; for watercourses, a professional hydrologist or other scientist with experience in watercourse assessments). What kind of information should be included In the Wetland or Watercourse Sensitive Area Study? The study must inelude the following information (as applicable), Note that the information in the Sensitive Area Study may be combined with studies required by other agencies/ordinances. 1. Applicant's aneme and contact information. 2. Description of the proposed action and identification of the permit(s) required. 3. Copy of the site plan with north arrow, scale and property lines showing: development proposal and dimensions, location of existing wetlands/watencourses, buffers and drainage features, clearing limits, proposed stormwater management plan, proposed plan for mitigating impacts, and topographical contours at two (2) footintervals. or-r 4. Names and qualifications attic professional(s) preparing the study. d It ;44 S. Dates and description of the fieldwork carried out on the site. 10 f 6. Detailed characterization of the wetland/watercourse, and buffers, which will include: m e fel a, Wetland delineation report that Includes methods used field indicators evaluated and the results (wetland delineation must be performed in accordance with the Washington State Wetlands Identification and Deletion Manual, Washington Department of Ecology, March 1997): Field data forms are to be included in the report. Wetland boundaries are to be marked in the field with numbered stakes or flagging. These markers are to be shown on the site plan with their corresponding numbers indicated, i After the City of Tukwila confirms the boundaries, they are to be professionally i surveyed to the nearest square foot and the site plan modified as necessary. Exact wetland calculated after the boundaries have been surveyed. b. Co waT� c nassuica utari ar sac w�uiutts�n� 1 "Classification of Wetlands and Deepwaaa Habitats oldie United States Cowardin, L., Carter, V,, Goleth, F.C., and LaRot, ES., US Fish and Wildlife Service, office of Biological Services. Washington, D.C., 1979. CI. Page 1 of l Q8119120051213 PM q:\Fosta .Sensitive Area Study GaidcUnes.dac Sensitive Area Study Requirements August, 2005 c. Hydrogeomorphic classification of the wetland(s). 2 d. Characterization ofthe watercourse on site: flow regime, streambed, banks, dimensions, vegetation, habitat conditions, existing modifications. e. Brief landscape assessment ofthe wetland/watercourse (identify hydrologic basin/sub- basin, inlets, outlets, surrounding land use, habitat quality and connectivity, ultimate point of discharge, presence of culverts or other constraints to flow, relationship to other wetlands/watercourses adjacent to or potentially impacted by the proposed project, flow regime, surrounding land uses). f. Classification of thew under Tukwila's Sensitive Area Ordinance Rating system (see TMC 18.45.080 for wetlands and TMC 18.45.100 for watercourses). g. Description of buffer size per TMC 18.45.080 E. and TMC 18.45.100 D., conditions (topographic considerations, existing vegetation types and density, habitat features, watercourse edges, presence of invasive species, etc.), and functions. h. Functional assessment ofthe wetland(s). For proposed wetland filling the Washington Functional Assessment Method (WAFAM) must be used For proposed projects that will impact buffers, the Washington Wetland Classification System may be used as x functional assessment. i. Description of habitat conditions, wildlife/fish use of the sensitive area, including sensitive, threatened or endangered species. j. Citations of any literature or other resources utilized in preparation of the report. k. Description of adjacent land uses and ownership. 7. A statement verifying the accuracy and limitations of the study and the assumptions used. 8. Assessment of hazards, risks and impacts. An assessment of likely impacts to the wetland/watercourses must be performed and must include. an evaluation of short-term, direct, indirect and cumulative impacts on the sensitive areas and their buffets and to neighboring properties. A description of the wetlend/watercoutse functions that will be lost as a result of implementing the project should be provided, as well as an evaluation of impacts to wildlife/fish, if applicable. 9. Description of development alternatives considered and efforts made to avoid and minimize adverse impacts (see TMC 18,45.090C regarding mitigation sequencing). 10. Description of proposed conceptual mitigation plan for offsetting impacts of the proposal. For wetlands, the consultant shall use as a guide the Department of Ecology "Guidance on Wetland Mitigation in Washington State, Part 2, Guidelines for Developing Wetland Mitigation Plans and Proposals, April 2404*'. The conceptual mitigation plan shall include the following: a. Rationale, mitigation goals, expected functions of completed mitigation; b. Amount of restoration/creation/enhancement proposed; c. Location and dimensions of proposed mitigation; d. Description of expected hydrology (and explanation of how this was determined); 2 "A Hydrogeomorphic Classification for Wetlands Brinson, MM., Wetlands Research Program Technical Report WRP- DE- 4, 1J.S. Army Corps of Engineers Waterways Experiment Vicksburg, Mississippi, 1993. Page 2 of 3 OS/19/2OO5 12:13 PM clFe truAStctsitive Area study Ouidelines.doc 1 Sensitive Area Study Requirements August, 2005 e. Description of means to stabilize relocated watercourse channels, actions to improve watercourse flirtations such as water quality, habitat, good control, etc.; f. preliminary planting plan and invasive plant control plan; and g. Timing and schedule. h. Recomrnended maintenance, monitoring (short -term and long -te m) contingency plans, bonding measures for mitigation, per TMC 18.45.210. 11. Any additional technical information as required by the Director to assist in determining compliance with TMC Chapter 18.45. The applicant is responsible for obtaining all necessary jurisdictional determinations and permits from state and federal agencies and for providing this information to the City. ct. Pegs 3 of 3 09!1912005 12.13 PM q:Tarras‘Sertsitivo Arcs Study Guidelincs4oc i i 'I f i'� 11e °F =8`i R:21 n °K n a a P 1 1 "5 4 g R 1 y a m i` gr../ 4 R1 °a p It 0 g A 'a P o i C g x s a Pi €iii ii g Q2 1 N gg it a I I E 4 62ND AVE. S_ to QD P! 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WASHINGTON s� rma cs- (253)541 -1259 -ar I -�i u a I 7----% v 3m,1 10 ,1 1 t 1 '5 oy 1 ipri t15 41 t 1 IL 4 r7 0 l N a ZF„,.., 3 a °�S t% 6 Z u s t V �r c) a Sri „s€ a ;z 1-t m S. r 4 F 4 `fig' -S S" g zit to j D 62ND AVE_ S. W o a -t z t4 1ll1 I p Tn= !1. m !l!!illlill m z �ini�iree 1_. A z p� ��m WM=F h=am K z c. al r m --1 m t f,- S� o E. in Z >Q F 0 Cri 1 inning 1 o m fl i. 6 r a It% 4 4 o x r j o c m liYl ei ,J ¶tJ y 5= L m0 sa s 22qq&& z ti 4 ill 73 �o s. i. I 1 1: Al Im 'Z t m a z I d 01 99 g y F t t Prepared for: i 4 4 paGifi� O W Land FLaY am j Sur e3faf •�,MVe l'-''''''' -9 A.',-11 "rte 2aa £W TPR r a"� {zsa snag 4", aF RAY iE3 F (25.3} RA Q E ?t t q WETt�-,xgsy 1 g g A P v WP w MGY° c 1 zi P SE .Mi0N MNG GOLNTY' f SAILS Unit t ct L a C r ,D xPe, i'n :lap Umtame tt� -t Drainage Class (Series Phase) J I F row K i Cc Field observations confirm Y N ,pt e o Taxonomy (Subgroup) -V t tzk S mapped type? eri Profile Description I Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) Munsell (Munsell size contrast structure, etc. profile moist) moist) (match description) P wil koail 0 4 7 0 t ;1{ C 1 /kA0. S. Si V@.. j S o Bt Io \JK lJ. S E -�a e. Cc ass sayk Ni Hydric Soil Indicators: (check all that apply) Histosol Concretions Histic Epipedon High Organic Content in Surface Layer of Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low Chroma Colors Other (explain in remarks) Hydric soils present? (yes) no Rationale for decision/Remarks: Wetland Determination (circle) Hydrophytic vegetation present? Wail no Hydric soils present? no Is the sampling point yes rrr Wetland hydrology present? no within a wetland? Rationale/Remarks: NOTES: Loc�, N o.,a P4k" DATA FORM 1 Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Corps Wetland Delineation Manual) Project/Site: Date: 4 14 t ,t Applicant/owner: S°v� County: t S cj "Ttc. �J t t,t.. State: W Investigator(s): tt- ri S/T/R: Do Normal Circumstances exist on the sit (211 no Community ID: Is the site significantly disturbed (atypical situation)? yes MOP Transect ID: Is the area a potential Problem Area? yes no Plot ID: L 3 Vlt VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species tuni Indicator Sc`�� SVQ-t\Q 1# C- t R „S,k.s f at ra F tkzAL S 'a.,\d` SPQ R S( Z F W Ro,v\ kicns-v3v.S ri`..1)th CbletA4 FKW e..Kavz\ Ve... (a) Ca v. -t-rk o HYDROPHYTIC VEGETATION INDICATORS: of dominants OBL, FACW, FAC: Check all indicators that apply explain below: Regional knowledge of plant communities 10 Wetland plant list (nat'l or regional) \e OTHER Physiological or reproductive adaptations Morphological adaptations Technical Literature Wetland Plant Data Base Hydrophytic vegetation present? es no Rationale for decision/Remarks: HYDROLOGY Is it the growing season? Citt no Water Marks: es no 1 Sediment-Deposits: yes no Based .on_ TilQ.e Drift Lines: yes no 1 Drainage Patterns: es no Dept. of inundation: .42_12.__ inches 4 4 Oxidized Root (live roots) Local Soil Survey: yes no .1 Channels <12 in. yes no Depth to free water in pit: inches FAC Neutral: no Water stained Leaves: yes no Depth to saturated soil: inches Check all that apply explain below: Other: Stream, Lake or gage data: Aerial photographs: Other: Wetland hydrology present? (l:/ no Rationale for decision/Remarks: Map Unit Nam tea; i c 4 y Class 00r v o .QA eries Phase) Fro F Field observations confirm Yes No axonom'� (s bgroup) mapped type? ProfIe Description Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) Munsell (Munsell size contrast structure, etc. profile moist) moist) (match descrintion? 1 ..p.0 B. 5 ait c t4y,t,v‘\,),„ Hydric Soil Indicators: (check all that apply) Histosol Concretions Histic Epipedon High Organic Content in Surface Layer of Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List ve"Gleyed or Low -Chmma Colors Other (explain in remarks) Hydric soils present? yes no Rationale for decision/Remarks: Wetland Determination (circle) Hydrophytic vegetation present? 021311 no Hydric soils present? no is the sampling point rro Wetland hydrology present? no within a wetland? Rationale/Remarks: NOTES: .rzt•- t Y (•c)t roy,, i b c.a„ 0 n 0 v■ W a�. S DATA FORM 1 Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Corps Wetland Delineation Manual) Project/Site: Date: 1 0 5 6 p o Applicant/owner: I \Gy� r County: 1(i'1 �Kw 1 State: W Investigator(s): W 'Q-S arm `n9 S/T/R: Do Normal Circumstances exist on the situ` yes no Community ID: Is the site significantly disturbed (atypical situation)? yes CO Transect ID: Is the area a potential Problem Area? yes no Plot ID: `,J v. 1 VEGETATION �d C ®4t Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator ,Scr-\iX .SPegAec Fse'cQw Stk, ix sperm \�s L F6cm HYDROPHYTIC VEGETATION INDICATORS: of dominants OBL, FACW, FAC: 00 4 Check all indicators that apply explain below: Regional knowledge of plant communities Wetland plant list (nat'1 or regional) OTHER Physiological or reproductive adaptations Morphological adaptations Technical Literature Wetland Plant Data Base Hydrophytic vegetation present? yes` no Rationale for decision/Remarks: HYDROLOGY Is it the growing season? no II Water Marks: es no 1 Sediment-Deposifs: yes no Based on: I Drift Lines: yes no I Drainage Patterns:(' e no Dept. of inundation: -ta inches i Oxidized Root (live roots) Local Soil Survey: yes no =1 Channels <12 in. yes no Depth to free water in pit: inches FAC Neutral: es no Water stained Leaves: yes no Depth to saturated soil: inches Check all that apply explain below: Other: Stream Lake or gage data Aerial photographs: Other: Wetland hydrology present? ryes) no Rationale for decision/Remarks: SOILS )4 e- „e. tom Ma Unit Name tr,. S I C L O4 Map Drainage Class lrv, I KR,t (Series 1?hase) t t S Field observations confirm Yes No Taxonomy (s bgroup) t c G �.M `S mapped type? Profile Description J Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) (Munsell (Munsell size contrast structure, etc. profile moist) moist) (match description) C C 4 (A r i te-v. C t cl i kciroc Hydric Soil Indicators: (check all that apply) Histosol Concretions Histic Epipedon High Organic Content in Surface Layer of Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils ye Aquic Moisture Regime Listed on Local Hydric Soils List \e' Reducing Conditions Listed on National Hydric Soils List Gleyed or Low- Chroma Colors Other (explain in remarks) Hydric soils present? yes no Rationale for decision/Remarks: Wetland Determination (circle) Hydrophytic vegetation present? no Hydric soils present? ill no Is the sampling point yes rro-` Wetland hydrology_present? es no within a wetland? Rationale/Remarks: NOTES: Ot 1 \s“ok (k- 4 DATA FORM I Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Corps Wetland Delineation Manual) Project/Site: Date: k P91 1, .siesgg Applicant/owner: Ck c County: K%h 9 7 u, 1 State: Investigator(s): W 'Q,S fl�1t n C S/T/R: Do Normal Circumstances exist on the site? no Community 1D: Is the site significantly disturbed (atypical situation)? yes 4rip Transect ID: Is the area a potential Problem Area? yes no Plot ID: L P P[4.11- VEGETATION Dominant Plant Specie turn Indicator Dominant Plant Species Stratum Indicator VA. t (7 L w FKW CArey Ay\NJA 04) CB-vc)%k-vi- °et- HYDROPHYTIC VEGETATION INDICATORS: of dominants OBL, FACW, FAC: 3 �3 100 70 Check all indicators that apply explain below: Regional knowledge of plant communities V Wetland plant list (nat'l or regional) OTHER Physiological or reproductive adaptations Morphological adaptations Technical Literature 1/ Wetland Plant Data Base Hydrophytic vegetation present? es no Rationale for decision/Remarks: HYDROLOGY Is it the growing season? yes no Water Marks: (yes no 1 Sediment-Deposits: yes no Based on: Drift Lines: yes no 1 Drainage Patterns: OST no Dept. of inundation: inches 6 Oxidized Root (live roots) Local Soil. Survey: yes no Channels <12 in. yes no Depth to free water in pit: inches FAC Neutral: yes no Water stained Leaves: yes no Depth to saturated soil: inches Check all that apply explain below: Other: Stream Lake or gage data: Aerial photographs: Other. Wetland hydrology present? yes no Rationale for decision/Remarks: soILS A PP kk.N. Map Unit me yr it k 4 Pr Od Drainage Class c AA. (Series Phase) For' 6 t ofctx r; s k ∎k w t4., Field observations confirm Yes No Taxonomy subgroup) Y kN It l `t` mapped type? Profile Description Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) (Munsell (MunselI size contrast structure, etc. profile moist) moist) (match description) Go( so064 I t to Cd 8- ssk Scikky Lo A A,k 13K vv-kss 7 vt. S Hydric Soil Indicators: (check all that apply) Histosol Concretions Histic Epipedon High Organic Content in Surface Layer of Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed orLow- Chroma Colors Other (explain in remarks) Hydric soils present? yes telA Rationale for decision/Remarks: Wetland Determination (circle) Hydrophytic vegetation present? yes n Hydric soils present? yes- Cal Is the sampling point yes Wetland hydrology present? yes within a wetland? Rationale/Remarks: NOTES: F Rte; 4 L ffi ftS 3_0 DATA FORM 1 Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Corps Wetland Delineation Manual) Project/Site: Dare: f 0 -'p #E co es Applicant/owner: RU, C. r 4 tk4".. County: i ∎w. t; State: Investigator(s): W vl Y1\ VAC S/T/R: Do Normal Circumstances exist on the sife? no Community ID: Is the site significantly disturbed (atypical situation)? yes m Transect ID: Is the area a potential Problem Area? s yes no Plot ID: p `g- P 4 VEGETATION ever Dominant Plant Species tratum Indicator Dominant Plant Species Stratum Indicator PiS twirl ,mb t ti t t Tre, FfscQtA. Pt-ce.tr w trip y c't ""Tvle, FA- G 5PALe..c�S (ITT f -Q w e.Lk.,k" F#rt 'ks,k HYIiROPHYTIC VEGETATION INDICATORS: %6 of dominants OBL, FACW, &FAC: I it: Check all indicators that apply explain below: Regional knowledge of plant communities Wetland plant list (nat'l or regional) V OTHER Physiological or reproductive adaptations Morphological adaptations Technical Literature Wetland Plant Data Base Hydrophytic vegetation present? yes no Rationale for decision/Remarks: HYDROLOGY Is it the growing season? yes no Water Marks yes r ci) Sediment-Deposits: yes�no Based on: Drift Lines: yes no 1 1 Drainage Patterns: yes no Dept. of inundation: inches Oxidized Root (live rots) Local Soil Survey: yes no Aklere Channels <12 in. yes ropts) Depth to free water inpit: 1) inches l''01304.1 FAC Neutral: yes no Water stained Leaves: yes Depth to saturated soil: inches Check all that apply explain below: Other: Stream Lake or gage data: Aerial photographs: Other: Wetland hydrology present? yes cra) Rationale for decision/Remarks: sans jiA Y b !_.ck+... Map Urut Name Drainage Class (Series Phase) k E V V k 4 r i k j 4A t i 4 NS C S i Field observations confirm Yes No Taxonomy sub o u �i -T 1 Iv mapped type? Taxono PP tYP t\,) Pr Y P Profile Description 1 Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) Munsell (Munsell size contrast structure, etc. profile moist) moist) (match description 0 t\ Pt to\I SS ct TS ccits, A ti sot 1 1 t Bw ►5�{ s -1 SS PS F.�6 k is,. ,703 +emu A- $IQ. 1 tr\ /4. i lk. -fla, bC w \S 1 Hydric Soil Indicators: (check all that apply) Histosol Concretions Histic Epipedon High Organic Content in Surface Layer of Sandy Soil Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low- Chroma Colors Other (explain in remarks) Hydric soils present? yes Rationale for decision/Remarks: Wetland Determination (circle) Hydrophytic vegetation present? yes leb Hydric soils present? yes Is the sampling point yes Wetland hydrology present? yes n o within a wetland? Rationale/Remarks: NOTES: F r 0 VW. \•3 -8-..kA CL 1 1 1 0 V\k 5° 55 1 S t‘') E; 4-0 LY? L., —A----?tok DATA FORM 1 Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Corps Wetland Delineation Manual) Project/Site: Date: 0 Y t 1 D, O$ R CaC S Applicant/owner: c► k� County: i h Q 1 v� k .3-e_ State: \,,J IA Investigator(s): VJ2S 1710 1 hq S S/T/R: Do Normal Circumstances exist on the site? es no Community ID: Is the site significantly disturbed (atypical situation)? yes i no) Transect ID: Is the area a potential Problem Areal yes no 1 Plot ID:,, VR L 1 VEGETATION (Cazgl: Yo Dominant Plant Species tratum Indicator Dominant PIant Species atum Indicator 1s-e ots 4 -Qa rn�eh fes 1 (,34) �.r ee F C. I e� gyp, Cs) sL�rwA t 1. PrceY ivevzLe-r OW 1 \AAA (A T r tt- EftCki RAti,S- A 1 SCJAt r (SA 3\f\y.kilt FetZ1/411/4 P1w M rJ (5) "Tett. Fes f%el,tra.. spetks (54 %ye WI I A 'Rcr�bS� 0.1\t" ti, (Ac Na.. 6 Ct. t eraS VvevA) F":.f 6 $1 C.Vtuyes, to 6tilvv,41 Flic u1/4. HYDROPHYTIC VEGETATION fl DICATORS: Z i 1 1_ 1 of dominants OBL, FACW, FAC: 1 1(0,7 7 Check all indicators that apply explain below: Regional knowledge of plant communities v/- Wetland plant list (nat'l or regional) OTHER Physiological.or reproductive adaptations Morphological adaptations Technical Literature V' Wetland Plant Data Base Hydrophytic vegetation present? yes Rationale for decision/Remarks: HYDROLOGY Is it the growing, season? CO no •I Water Marks: yes no 1 Sediment•Deposits: yes no Based on: e. 1 Drift Lines: yes CD Drainage Patterns: yeL no Dept. of inundation: inches Oxidized Root (live roots) Lo al Soi,1 Survey: yes no Channels <12 in. yes V ,oP Qm,c. N k Depth to free water in pit: inches FAC Neutral: yes no Water stained Leaves: y no Depth to saturated soil: inches Check all that apply explain below: Other: Stream Lake or gage data: Aerial photographs: Other: Wetland hydrology present? yes t) Rationale for decision/Remarks: gi .,,,,,p r ..-a o�" y Y 1 ai 0 ....,,.,..„..,.,...,,,..-Eit il.„`; \-sz C to I -t- yy•yy==��y�y��ppgg a o I- !g t C ';j�,:i.? t a 1 i n=--'- 1.-°^- Via'.-- .:rC,ola- .2° :1 1 0 S i sti k A� Lam II 7 ti p °a C� rF�.'� 5 t t `mss .l. 5 1 V. N.C..:.•` L c 0 t ti T 3 t._ �k� t "`{`L J t lt'!L" -.-1^- t om tTt. ..ti:. r a w i c 1 `v :y 1 .."^...E :is O a..." s 1 y� d; i i ti v7:: i rt iii lif 7 _�i 1 -»'te 5, a 13 S u3°•L,m'" OC:iG�u',..=2.' i 1'_: t 6 -frf a P r.-". .iniiiiina.;;-iiikTi s„. •r x f yy r r..,. a a r- sus rt D n m o u C -0 C D- 03 W CO W N to to to .P. 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CAS NUMBER 08-138 ORIGINAL AGENDA DATE: NOVEMBER 10, 2008 AGENDA ITEM TITLE 2009 Property Tax Ordinances 1) Setting the Regular Levy 2) Increasing the Regular Levy by 1.0 percent. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 11/10/08 Mtg Date Mtg Date Mtg Date 12/1/08 Mtg Date Mtg Date 11/17/08 Mtg Date 1 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police (l PIV SPONSOR'S Pursuant to State statute both proposed ordinances are required in order to receive SUNMARY property tax revenues in 2009. The deadline for submitting 2009 property tax levies to King County is November 30, 2008 REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte n Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm 10/28/08 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt the two proposed property tax ordinances as presented COMI41YIEE Unanimous Approval; Forward to Committee of the Whole Fund Source: Comments: MTG. DATE 1 11/10/08 I MTG. DAT 11/10/08 EXPENDITURE REQUIRED $N /A Initials Meeting Date Prepared by Mayor's review I _council review 11/10/08 SH 11/17/08 SH JsJ ATTACHMENTS Informational Memorandum dated 10/28/08 Preliminary Levy Limit Worksheet 2009 Tax Roll, and staff notes Excel Spreadsheet Calculating the 2009 Proposed Property Tax Levy Proposed ordinances in draft form Minutes from the Finance Safety Committee meeting of 11/04/08 COUNCIL AGENDA SYNOPSIS COST' F_ UND.=SOURCE AMOUNT BUDGETED $N /A TMRE CORD=QF COUNCIL ACTION ITEM No. 5, c .(0 c_69) APPROPRIATION REQUIRED $N /A Gity of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM To: Mayor Haggerton Finance Safety Committee From: Shawn Hunstock, Finance Director Date: October 28, 2008 Subject: 2009 Proposed Property Tax Levy In preparation for our discussion at the November 4, 2008 Finance Safety Committee meeting, I have attached a number of documents for your review related to establishing the 2009 property tax levy. Specifically, you will find a 2009 Preliminary Levy Limit Worksheet prepared by the King County Assessor's Office; an Excel spreadsheet that I prepared to develop an estimated levy value, and finally (2) draft ordinances establishing the 2009 property tax levy. Cities are required to submit their levy requests to the Metropolitan King County Council by November 28, 2008. As has been the case in past years, the County will not have final property valuations prior to the cutoff date. Given the preliminary nature of the valuations and consideration of the 1 levy base growth constraint, I have set the recommended levy amount slightly higher than the value I calculated for the estimated allowable levy. In the final analysis the County is required to adjust downward to the maximum allowable amount, while conversely it may not make an upward adjustment. I look forward to seeing each of you on November 4` Phone: 206- 433 -1800 a City Hall Fax: 206- 433 -1833 www.ci.tukwila.wa.us PRELIMINARY LEVY LIMIT WORKSHEET 2009 Tax Roll TAXING DISTRICT: City of Tukwila The following determination of your regular levy limit for 2009 property taxes is provided by the King County Assessor pursuant to RCW84.55.100. Annexed to Library District Using Limit Factor For District 11,395,893 1.0100 11,509,852 267,710,920 0 267,710,920 2.56911 687,779 12,197,631 0 12,197,631 5,123,164,972 2.38088 0 0 0 12,197,631 1 2,197,631 11,466 12,209,097 12,209,097 2.38312 11,400,000 109,852 0.96% 10/28/08 4:39 PM LevyLimitWS.doc (Note 1) Estimated Library rate. 0.36029 Calculation of Limit Factor Levy Levy basis for calculation: (2008 Limit Factor) (Note 2) x Limit Factor Levy Local new construction Increase in utility value (Note 3) Total new construction x Last year's regular levy rate New construction levy Total Limit Factor Levy Annexation Levy Omitted assessment levy (Note 4) Total Limit Factor Levy new lid lifts Regular levy assessed value less annexations Annexation rate (cannot exceed statutory maximum rate) x Annexation assessed value Annexation Levy Lid lifts, Refunds and Total First year lid lifts Limit Factor Levy Total RCW 84.55 levy Relevy for prior year refunds (Note 5) Total RCW 84.55 levy refunds Levy Correction: Year of Error +or ALLOWABLE LEVY (Note 6) Increase Information (Note 7) Levy rate based on allowable levy Last year's ACTUAL regular levy Dollar increase over last year other than N/C Annex Percent increase over last year other than N/C Annex Calculation of statutory levy Regular levy assessed value (Note 8) x Maximum statutory rate Maximum statutory levy +Omitted assessments levy Maximum statutory levy Limit factor needed for statutory levy ALL YEARS SHOWN ON THIS FORM ARE THE YEARS Itii T WHICH THE TAX IS PAYABLE. Please read carefully the notes on the reverse side. Using Implicit Price Deflator 11,395,893 1.0453 1 1,911,785 267,710,920 0 267,710,920 2.56911 687,779 12,599,564 0 12,599,564 5,123,164,972 2 45933 0 0 0 12,599,564 12,599,564 11,466 12,611,030 12,611,030 I 2.46157 11,400,000 51 1,785 4.49% 5,123,164,972 3.23971 16,597,569 0 16,597,569 Not usable Notes: 1) Rates for fire districts and the library district are estimated at the time this worksheet is produced. Fire district and library district rates affect the maximum allowable rate for cities annexed to them. These rates will change, mainly in response to the actual levy requests from the fire and library districts. Hence, affected cities may have a higher or lower allowable Levy rate than is shown here when final levy rates are calculated. 2) This figure shows the maximum allowable levy, which may differ from any actual prior levy if a district has levied less than its maximum in prior years. The maximum allowable levy excludes any allowable refund levy if the maximum was based on a limit factor. The maximum allowable levy excludes omitted assessments if the maximum was determined by your district's statutory rate limit. If your district passed a limit factor ordinance in the year indicated, that limit factor would help determine the highest allowable levy. However, if the statutory rate limit was more restrictive than your stated limit factor, the statutory rate limit is controlling. 3) Any increase in value in state- assessed property is considered to be new construction value for purposes of calculating the respective limits State- assessed property is property belonging to inter county utility and transportation companies (telephone, railroad, airline companies and the like). 4) An omitted assessment is property value that should have been included on a prior year's roll but will be included on the tax roll for which this worksheet has been prepared. Omits are assessed and taxed at the rate in effect for the year omitted (RCW 84.40.080 -085). Omitted assessments tax is deducted from the levy maximum before calculating the levy rate for current assessments and added back in as a current year's receivable. 5) Administrative refunds under RCW 84.69.020 were removed from the levy lid by the 1981 legislature. 6) A district is entitled to the lesser of the maximum levies determined by application of the limit under RCW 84.55 and the statutory rate limit. Levies may be subject to further proration if aggregate rate limits set in Article VII of the state constitution and in RCW 84.52.043 are exceeded. 7) This section is provided for your information, and to assist in preparing any Increase Ordinance that may be required by RCW 84.55.120. The increase infoiixiation compares the allowable levy for the next tax year with your ACTUAL levy being collected this year. The actual levy excludes any refund levy and expired temporary lid lifts, if applicable. New construction, annexation and refund levies, as well as temporary lid lifts in their initial year, are subtracted from this year's allowable levy before the companson is made. 8) Assessed valuations shown are subject to change from error corrections and appeal board decisions recorded between the date of this worksheet and final levy rate determination. 10/28/08 4.39 PM LevyLimitWS.doc City of Tukwila Levy Calculation 2008 Tax Year 2008 Actual Property Tax Levy 11,400,000 1% Limitation (1 -747) 1.01 Allowable Levy Prior to New Construction and Increase in Utility Values 11,514,000 New Construction Estimated Increase in Utility Value 288,998,190 2008 Regular Levy Rate 2.38088 New Construction Utility Levy 688,070 Total Estimated Allowable Levy 12,202,070 Total Estimated Levy Rate 2.38174 Recommended Levy Amount Corresponding Levy Rate 12,250,000 2.39110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2009, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has properly given notice of a public hearing, held on November 17, 2008, pursuant to RCW 84.55.120; and WHEREAS, the City, after hearing and duly considering all relevant evidence and testimony presented, has determined that the City requires an increase in property tax revenue from the previous year, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of State assessed property, in order to discharge the expected expenses and obligations of the City; and WHEREAS, the City has determined that it is in its best interest and necessary to meet its expenses and obligations for the property tax revenue to be increased for 2009, and the final assessed valuation calculation has been determined; NOW, THEREFORE, THE Ci Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. An increase in the regular property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of state assessed property, is hereby authorized for the 2009 levy in the amount of $114,000, which is a percentage increase of 1.0% from the previous year. This increase is exdusive of additional revenue resulting from new construction, improvements to property, and any increase in the value of state assessed property, any annexations that have occurred and refunds made. 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 and effect January 1, 2009. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney T Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: C:IDovnments and Setting Uses \Desl'top\KellyIMSDATAIOrdinan: esiRegular Tax Levy 2009.doe SH9sn 1028/2008 Page I of 1 Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY. Office of the City Attorney DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2009, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY WHICH IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING YEAR AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila has considered the City's anticipated financial requirements for 2009 and the amounts necessary and available to be raised by ad valorem taxes on real, personal and utility property; and WHEREAS, the final assessed valuation calculation has been determined; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Regular Tax Levy. A There shall be and hereby is levied on all real, personal, and utility property in the City of Tukwila, in King County, whose estimated assessed valuation is $5,123,164,972, current taxes for the ensuing year commencing January 2009, in the amount and at the rates specified below: Rate Amount Regular Tax Levy $2.39 $12,250,000 B. The said taxes herein provided for are levied for the purpose of payment upon the general bonded indebtedness of the City of Tukwila, the General Fund, and for the maintenance of the departments of the municipal government of the City of Tukwila for the fiscal year beginning January 1, 2009. Section 2. Collection. This ordinance shall be certified to the proper County officials, as provided by law, and taxes here levied shall be collected to pay to the Finance Director of the City of Tukwila at the time and in the manner provided by the laws of the State of Washington for the collection of taxes for non chartered code cities. Section 3. 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 4. 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 and effect January 1, 2009. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Filed with the City Clerk Passed by the City Council: Published: Effective Date: Ordinance Number: C:\Docoments and Settings\All Users Deskt op \Kelly\MSDATA\O:dinances \Gensal Tax Levy 2009.da_ SH:ksn 100012008 Page 1 of 1 CAS NUMBER: 08-139 Meeting Date 11/10/08 11/17/08 COUNCIL AGENDA SYNOPSIS Prepared by Initials Mayor's review 1 Council review 1 ITEM INFORMATION 1 ORIGINAL AGENDA DATE: NOVEMBER 10, 2008 ITEM No. d AGENDA ITEM TITLE Resolution for Public Works Fee Schedule for the 2009 Water and Sewer Rates Sewer Ordinance that will incorporate the King County Sewer Metro rate increase. CATEGORY SPONSOR SPONSOR'S SUNLMARY 11/17/08 MTG. DATE 11/26/07 12/03/07 Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other Mtg Date 11/10/08 Mtg Date Mtg Date 11/17/08 Mtg Dote 11/17/08 Mtg Date REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DALE: 11/03/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Public Works Fee Schedule Resolution Sewer Ordinance for 2009. COMM 'TEE Unanimous approval; forward to COW. Council Mayor Adm Svcs DCD Finance Fire Legal P&R n Police PW The City's water and sewer rates need to be increased to meet operational and capital expenditures for their corresponding enterprise funds. Single and multi- family summer water rates will increase from $3.38 per ccf to $3.89 due to an increase in wholesale water rates from Cascade Water Alliance. The sewer fund's monthly residential flat rate will increase from $10.12 to $11.64 per residential connection. The sewer ordinance will reflect the increase in the King County's sewer metro fee from $27.95 to $31.90 per month. The surface water fees will not increase in 2009. All of the fees are now included in the Public Works Fee Schedule Resolution. EXPENDITURE REQUIRED COST IMPACT FUND SOURCE Fund Source: 401 and 402 Water Sewer Funds Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 11/10/08 ATTACHMENTS Information Memo dated October 22, 2008 with Exhibits A through E Utilities Committee Meeting Minutes from October 16, 2007 Mtg Date Mfg Date Transportation Cmte AMOUNT BUDGETED APPROPRIATION REQUIRED ISSUE To: Mayor Haggerton From: Public Works Director Date: October 22, 2008 Subject: Water, Sewer. and Surface Water Rates for 2009 INFORMATION MEMO Adopt 2009 water and sewer rate increases. We will continue to review the annual rate model for the proposed increases for 2010 and present them to Council in October 2009. WATER Public Works has analyzed the needs of the water enterprise fund. Wholesale water rates from Cascade Water Alliance are projected to increase 11.7% for 2009 and 7.3% for 2010. An overall 15 rate increase (see Table 1) is being proposed to maintain the current level of service and lessen the impact of future cost increases for purchased water. A portion of this increase will provide the funds necessary for continuing operational and capital needs. Exhibit A is an overview of all of the Proposed Utility Rate Increases for residential customers. Exhibit E is the Resolution that updates the Public Works Fee Schedule. SEWER For sewer rates, King County Ordinance No. 16135 shows a 14.13 increase of the King County sewage disposal fees for 2009 from $27.95 to $31.90 per residential customer equivalent per month. The King County sewage treatment capacity charge (for any new sewer connections) will increase from the current $46.25 to $47.64 per month for fifteen years for any sewer connection occurring between January 1, 2009 and December 31, 2009. Exhibit B is King County Ordinance No. 16135. Exhibit C is the proposed City of Tukwila Ordinance that incorporates the 2009 King County sewer rate increase. Tukwila's sewer base rate is scheduled for an increase (see Table 2) in accordance with the rate model which analyzes the City's operational and capital needs. The City's sewer rate will increase from $10.12 to $11.64 per residential connection and from $17.71 to $20.37 for up to 750 cubic feet or fraction thereof for commercial /industrial customers. Exhibit D -1 shows a comparison of adjoining cities and their water and sewer rates. Exhibit E is the Resolution that updates the Public Works Fee Schedule. SURFACE WATER Tukwila's surface water base rate is scheduled for an increase in 2010. The City's surface water rate will stay at $71.00 per residential parcel, per year and will range from $8.85 to $73.96 per 4,356 sq. ft. Exhibits D -2 and D -3 are comparisons with other cities and their surface water rates. Page 2 October 22, 2008 TABLE 1 WATER RATES PROPOSED FOR 2009 CATEGORY 1 Current 2008 Rates Proposed for 2009 Single and Multi Family (October May) I $2.43 I Single and Multi Family (June September) $3.38 I Commercial/Industrial (October May) $3.15 Commercial /Industrial (June September) $4.33 I TABLE 2 SEWER RATES PROPOSED FOR 2009 CATEGORY Residential Sewer Service (single dwelling unit) Residential Sewer Service (multiple dwelling unit, permanent type) Commercial /Industrial Sewer Service RECOMMENDATION Current 2008 Rates Flat rate of $10.12 per month Flat rate of $10.12 per month for each dwelling unit Flat rate of $17.71 per month and, in addition, any usage over 750 cubic feet of water per month shall be at the rate of $17.71 per 750 cf Adopt the City's 2009 water and sewer proposed rate increases in accordance with the Public Works Fee Schedule Resolution and the Sewer Ordinance Attachments: Exhibit A Rate Matrix Exhibit B King County Ordinance No. 16135 Exhibit C Sewer Ordinance Exhibit D Comparison of Rates with adjoining cities Exhibit E Public Works Fee Schedule Resolution (p gail1Water Sewer Rate Info Memo 10-22-08 $2.79 $3.89 $3.62 $4.98 Proposed for 2009 Flat rate of $11.64 per month Flat rate of $11.64 per month for each dwelling unit Flat rate of $20.37 per month and, in addition, any usage over 750 cubic feet of water per month shall be at the rate of $20.37 per 750 cf PROPOSED UTILITY RATE INCREASES MONTHLY FEES FOR RESIDENTIAL CUSTOMERS EXHIBIT A UTILITY WATER SEWER SURFACE WATER l�1 King County Metropolitan King County Council Anne Noris, Clerk of the Council King County Courthouse 516 Third Avenue, Room W1039 Seattle, WA 98104 -3272 206 296 -1020 Fax 206 205 -8165 anne.noris @kingcounty.gov TTY/TDD 206 296 -1024 June 27, 2008 Mr. Jim Morrow, Public Works Director City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 Dear Mr. Morrow, Monetary Reauirements for 2009 Sincerely, Anne Noris Clerk of the Council Enclosure If you have any questions, please call the Clerk of the Council's Office at 206 296 -1020. EXHIBIT B The Metropolitan King County Council approved the sewer rate for 2009 and the sewage treatment capacity charge for 2009 with the adoption of Ordinance 16135 on June 16, 2008. A copy of Ordinance 16135 is enclosed for your information. King County KING COUNTY Signature Report June 16, 2008 Ordinance 16135 Proposed No. 2008 02312 Sponsors Gossett 1200 King County Courthouse 516 Third Avenue Seattle, WA 98104 1 AN ORDINANCE determining the monetary requirements 2 for the disposal of sewage for the fiscal year beginning 3 January 1, 2009, and ending December 31, 2009, setting 4 the sewer rate for the fiscal year beginning January 1, 2009, 5 and ending December 31, 2009, and approving the amount 6 of the sewage treatment capacity charge for 2009, in 7 accordance with RCW 35.58.570; and amending Ordinance 8 12353, Section 2, as amended, and K.C.C. 4.90.010, and 9 Ordinance 11398, Section 1, as amended, and K.C.C. 10 28.84.055. 11 12 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 13 SECTION 1. Ordinance 12353, Section 2, as amended, and K.C.C. 4.90.010 are 14 each hereby amended to read as follows: 15 A. Having determined the monetary requirements for the disposal of sewage, the 16 council hereby adopts a ((2998)) 2009 sewer rate of ((twenty seven dollars and ninety ve 17 cents)) thirty one dollars and ninety cents per residential customer equivalent per month. 1 o &v' Ordinance 16135 18 Once a sewer rate ordinance becomes effective, the clerk of the council is directed to 19 deliver a copy of that ordinance to each agency having an agreement for sewage disposal 20 with King County. 21 B. The King County council approves the application of Statement of Financial 22 Accounting Standards No. 71 (FAS 71) to treat pollution remediation obligations and the 23 first year start-un costs after construction on new plants as regulatory assets, and establish 24 a rate stabilization reserve for the purpose of leveling rates between years. 25 C. As required for FAS 71 application amounts are to be placed in the rate 26 stabilization reserve from ((2-807)) 2008 and 2009 operating revenues and removed from 27 the calculation of debt service coverage for ((27)) 2008 and 2009. The reserve balance 28 shall be an amount at least sufficient to maintain a level sewer rate between ((2007 and 29 2985)) 2009 and 2010, and shall be used solely for the purposes of: maintaining the level 30 sewer rate in ((2008)) 2010; and if additional reserve balance is available, moderating 31 future rate increases beyond the ((2007 2008)) 2009 -2010 period. If the estimated 32 amount of the reserve, as shown in the financial forecast, Attachment A to ((Ordinance 33 15805)) this ordinance. needs to be reduced to meet debt service coverage requirements 34 for ((2007 or)) 2008, the county executive shall notify the council of the change by 35 providing an updated financial forecast. 36 D. The executive shall provide monthly cost reports to the council on Brightwater 37 as outlined in K.C.C. 28.86.165. 38 SECTION 2. Monetary requirements for the disposal of sewage as defined by 39 contract with the component sewer agencies for the fiscal year beginning January 1, 2 Ordinance 16135 40 2009, and ending December 31, 2009. The council hereby determines the monetary 41 requirements for the disposal of sewage as follows: 42 Administration, operating, maintenance repair and replace (net of other income): 43 $60,049,344. 44 Establishment and maintenance of necessary working capital reserves: 45 $7,387,044 46 Requirements of revenue bond resolutions (not included in above items and net of 47 interest income): $203,679,416. 48 TOTAL: $271,115,803. 49 SECTION 3. Ordinance 11398, Section 1, as amended, and K.C.C. 28.84.055 are 50 each hereby amended as follows: 51 A. The amount of the 1994 metropolitan sewage facility capacity charge adopted 52 by K.C.C. 28.84.050.0. shall be seven dollars per month per residential customer or 53 residential customer equivalent for fifteen years. 54 B. The amount of the 1995 metropolitan sewage facility capacity charge adopted 55 by K.C.C. 28.84.050.0. shall be seven dollars per month per residential customer or 56 residential customer equivalent for fifteen years. 57 C. The sewage treatment capacity charge shall be seven dollars per month per 58 residential customer or equivalent for fifteen years for sewer connections occurring 59 between and including January 1, 1996, and December 31, 1996. 60 D. The amount of the sewage treatment capacity charge adopted by K.C.C. 61 28.84.050.0. shall be seven dollars per month per residential customer or equivalent for 3 Ordinance 16135 62 fifteen years for sewer connections occurring between and including January 1, 1997, and 63 December 31, 1997. 64 E. The amount of the sewage treatment capacity charge adopted by K.C.C. 65 28.84.050.0. shall be ten dollars fifty cents per month per residential customer or 66 equivalent for fifteen years for sewer connections occurring between and including 67 January 1, 1998, and December 31, 1998. 68 F. The amount of the sewage treatment capacity charge adopted by K.C.C. 69 28.84.050.0. shall be ten dollars fifty cents per month per residential customer or 70 equivalent for fifteen years for sewer connections occurring between and including 71 January 1, 1999, and December 31, 1999. 72 G. The amount of the sewage treatment capacity charge adopted by K.C.C. 73 28.84.050.0. shall be ten dollars fifty cents per month per residential customer or 74 equivalent for fifteen years for sewer connections occurring between and including 75 January 1, 2000, and December 31, 2000. 76 H. The amount of the sewage treatment capacity charge adopted by K.C.C. 77 28.84.050.0. shall be ten dollars fifty cents per month per residential customer or 78 equivalent for fifteen years for sewer connections occurring between and including 79 January 1, 2001, and December 31, 2001. 80 I. The amount of the sewage treatment capacity charge adopted by K.C.C. 81 28.84.050.0. shall be seventeen dollars and twenty cents per month per residential 82 customer or equivalent for fifteen years for sewer connections occurring between and 83 including January 1, 2002, and December 31, 2002. 4 Ordinance 16135 84 J. The amount of the sewage treatment capacity charge adopted by K.C.C. 85 28.84.050.0. shall be seventeen dollars and sixty cents per month per residential 86 customer or equivalent for fifteen years for sewer connections occurring between and 87 including January 1, 2003, and December 31, 2003. 88 K. The amount of the sewage treatment capacity charge adopted by K.C.C. 89 28.84.050.0. shall be eighteen dollars per month per residential customer or equivalent 90 for fifteen years for sewer connections occurring between and including January 1, 2004, 91 and December 31, 2004. 92 L. The amount of the sewage treatment capacity charge adopted by K.C.C. 93 28.84.050.0. shall be thirty -four dollars and five cents per month per residential customer 94 or equivalent for fifteen years for sewer connections occurring between and including 95 January 1, 2005, and December 31, 2005. 96 M. The amount of the sewage treatment capacity charge adopted by K.C.C. 97 28.84.050.0. shall be thirty -four dollars and five cents per month per residential customer 98 or equivalent for fifteen years for sewer connections occurring between and including 99 January 1, 2006, and December 31, 2006. 100 N. The amount of the sewage treatment capacity charge adopted by K.C.C. 101 28.84.050.0. shall be forty -two dollars per month per residential customer or equivalent 102 for fifteen years for sewer connections occurring between and including January 1, 2007, 103 and December 31, 2007. 104 0. The amount of the sewage treatment capacity charge adopted by K.C.C. 105 28.84.050.0. shall be forty -six dollars and twenty -five cents per month per residential Ordinance 16135 106 customer or equivalent for fifteen years for sewer connections occurring between and 107 including January 1, 2008, and December 31, 2008. 108 P. The amount of the sewage treatment capacity charge adopted by K.C.C. 109 28.84.050.0. shall be forty -seven dollars and sixty four cents Der month Der residentia 110 customer or eauivalent for fifteen years for sewer connections occurring between and 111 including January 1.2009. and December 31. 2009. 112 In accordance with adopted policy FP- 15.3.d. in the Regional Wastewater 113 Services Plan, K.C.C. 28.86.160.C., it is the council's intent to base the capacity charge 114 upon the costs, customer growth and related financial assumptions used in the Regional 115 Wastewater Services Plan. 116 In accordance with adopted policy FP- 6 in the Regional Wastewater Services 117 Plan, K.C.C. 28.86.160.C, the council hereby approves the cash balance and reserves as 118 contained in the attached financial plan for {0808-)) 2009. 119 In accordance with adopted policy FP- 15.3.c., King County shall pursue changes 120 in state legislation to enable the county to require payment of the capacity charge in a 121 single payment, while preserving the option for new ratepayers to finance the capacity 122 charge. 123 SECTION 4. A. The county executive shall semiannually update the council on 124 the progress of contract negotiations with the sewer service providers. The update shall 125 be accomplished through a status report that shall, at a minimum, include the following: 126 1. An update of the status of negotiations with each component agency; 127 2. An identification of issues in contention with each component agency; 6 128 3. An identification`of agencies with which the executive branch feels the 129 county is at an impasse; and 130 4. For those agencies at an impasse, a detailed summary of the issue causing the 131 impasse. 132 B. The report shall be filed in the form of thirteen copies with the clerk of the 133 council who will keep a copy and forward a copy to each councilmember as well as the 134 lead staff to the operating budget, fiscal management and select issues committee, or its 135 successor, the lead staff to the growth management and natural resources committee, or 136 its successor, and the lead staff to the regional water quality committee, or its successor. 137 C. The report shall be transmitted by March 31 and September 30 of each year 138 until such time as all the component agency contracts have been extended. The executive 139 shall notify the council when all the component agency contracts have been extended by 140 filing thirteen copies of the notice with the clerk of the council who will keep a copy and 141 forward a copy to each councilmember as well as the lead staff to the operating budget, 142 fiscal management and select issues committee, or its successor, the lead staff to the 143 Ordinance 16135 7 Ordinance 16135 144 growth management and natural resources committee, or its successor, and the lead staff 145 to the regional water quality committee, or its successor. 146 Ordinance 16135 was introduced on 5/12/2008 and passed by the Metropolitan King County Council on 6/16/2008, by the following vote: ATTEST: Yes: 9 Ms. Patterson, Mr. Dunn, Mr. Constantine, Ms. Lambert, Mr. von Reichbauer, Mr. Ferguson, Mr. Gossett, Mr. Phillips and Ms. Hague No: 0 Excused: 0 1 Anne Noris, Clerk of the Council APPROVED this day of J 2008. 8 KING COUNTY COUNCIL KING COUNTY, WASHINGTON Julia/Patterson, Chair Ron Sims, County Executive 4 Attachments A. Wastewater Treatment Enterprise 2009 Sewer Rate Finance Plan, Dated June 4, 2008, B. General Assumptions 2009 Rate Forecast ATTACHMENT A WASTEWATER TREATMENT ENTERPRISE 2009 SEWER RATE FINANCIAL PLAN JUNE 4, 2008 16135 ATTACHMENT B SEWER RATE CAPACITY CHARGE RATE EXPENSES INTEREST RATE AND DEBT RESERVE BALANCES GENERAL ASSUMPTIONS 2009 RATE FORECAST 16135 EXHIBIT C DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1714 §1 (PART), AS CODIHhU AT TUIC ILA MUNICIPAL CODE SECTION 14.16.065, RELATING TO THE RATES FOR SEWER SERVICE AND PENALTY CHARGES; REPEALING ORDINANCE NO. 2138; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Metropolitan King County Council has notified the City of its intent to increase its monthly charges to the City for sanitary sewage disposal from the present $27.95 per month, per residential equivalent, to $31.90 per month, per residential equivalent; said increase to be effective January 1, 2009; and WHEREAS, the City Council desires to have in place an equitable and adequate rate structure to finance the operation and maintenance of the sewer utility; and WHEREAS, the City needs additional revenues to adequately fund the sewer utility and capital improvements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. City/Metro Rate. Ordinance No. 1714 61 (part), as codified at Tukwila Municipal Code Section 14.16.065, is hereby amended to read as follows: 14.16.065 City/Metro Rate. A. Regular Rate: The City/METRO charges, as provided in Section 14.16.060 and as required by the Agreement for Sewage Disposal between METRO and the City of Tukwila, is set at the sum of $31.90 (effective 1/1/09) per month, per residential customer, and per residential customer equivalent, as now defined or hereafter amended in the agreement for sewage disposal between METRO and the City of Tukwila. B. Reduced Rate: Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of the City/METRO charge. Every such person shall file with the Finance Department their affidavit that he or she is qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility. Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. Section 2. Repealer. Ordinance No. 2138 is hereby repealed. Section 3. 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 C:lDocuments and Sayings All Users \B=}. nplKdlytMSDATA \Ordinance &Scwcr Ratcs.doc GLtsn 10/22/2006 Page 1 of 2 EXHIBIT C 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 4. 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 2008. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: C:\Documents and Sutings\All Users IDesktoplKell y ∎MSDATA10rdinanccs\Scwtt Ratcs.doc GL:k-sn 10127/208 Page 2 of 2 User Charge on CITY BASE water consumption CITY RATE PER CCF Assume 10 ccf TOTAL HIGHLINE I 9.75 i 3.80 1 38.00 47.75 :i TUK 2005 kc.. :lira SOO CREEK 8.85 1 3.56 35.60 44.45 SEATTLE 9.40 I 3.12 I 31 .20 1 40.60 33 39:8 REDMOND (CWA) 10.35 2.84 28.40 38.75 SKYWAY (CWA) 11.28 j 2 63 1 26.30 37.58 KING COUNTY #125 10.50 2.60 26.00 36.50 COVINTON (CWA) 12.50 1 2.35 23.50 36.00 RENTON 10.10 1.97 19.70 I 29.80 AUBURN 7.80 1.90 19.00 1 26.80 LAKEHAVEN (FEDERAL WAY) 7.46 1 0.64 6.40 I 13.86 ASSUME 5/8 OR 3/4 METER SIZE CITY SEATTLE (Bill includes Metro) SKYWAY RENTON SOO CREEK TUKWILA201 SINGLE FAMILY SEWER WASTE WATER RATES AS OF OCTOBER 2008 REDMOND 11.59 31.90 AUBURN 10.39 31.90 TUKWILA''_ VALLEY VUE 9.00 LAKEHAVEN (FEDERAL WAY) *1 10.38 SOUTHWEST SUBURBAN 1 21.50 NON METRO p: \gait \Utility Rate Surveys Water, Sewer SSWM SINGLE FAMILY WATER RATES AS OF OCTOBER 2008 (SUMMER RATE) CITY FLAT Assume KING COUNTY RATE 10 ccf METRO 0.00 1 77.50 22.70 1 15.55 14.80 17.90 0.00 77.50 31.90 54.60 31.90 47.45 31.90 46.70 31.90 0 00 0.00 TOTAL 43.49 42.29 t 42:02= 40.90 28.28 21.50 EXHIBIT D-2 Redmond Sammamish Issaquah Seattle Auburn Newcastle Normandy Park Des Moines King County Renton Seatac Federal Way Kent Tikvirla2009F__ Lynnwood SINGLE FAMILY SURFACE WATER RATES AS OF NOVEMBER 2008 Monthly Rate $16.56 $12.50 $12.33 $11.83 $11.50 $10.83 $10.00 $9.83 $9.25 $7.41 $6.90 $6.58 $6.00 $5.09 P• \GAIL\Water Sewer Documents \Utility Rate Comparison SSWM OCT 2008 Yearly Rate $198.72 $150.00 $148.00 $141.96 $138.00 $130.00 $120.00 $117.96 $111.00 $88.92 $82.80 $78.96 $72.00 $61.08 EXHIBIT EXHIBIT D-3 WASHINGTON STATE 2008 SURFACE WATER UTILITY RESIDENTIAL RATES EXHIBIT E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW PUBLIC WORKS t'Eh SCHEDULE; AND REPEALING RESOLUTION NO. 1596, NO. 1627 AND NO. 1652. WHEREAS, each year the City analyzes the rate model for the three utility enterprise funds water, sewer and surface water; updates the traffic model; and analyzes the transportation network to ensure continued compliance with the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, the City is authorized to impose fees that are similar to charges for services rendered; and WHEREAS, the City desires to annually update its impact fees to reflect current project costs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Public Works fees will be charged according to the following schedule, which shall supercede any previously adopted Public Works Fee Schedule: Type D (Long -Term) Type E (Potential Disturbance of City Right -of -Way) Type F (Blanket Permits) Additional Inspections Franchise Telecommunications Franchise Cable Street Vacation Latecomer's Agreements Flood Zone Control Copy of City of Tukwila's Infrastructure Design and Construction Standards PUBLIC WORKS FEE SCHEDULE 1 I$50 $100 C:\Docurnents and Setlings\All Users\ Desktop \Kdlly\MSDATA\ResolutionsMPW Fx Schedule 2008.doc GLlsn 10!282008 FEE PERMIT DESCRIPTION Type A (Short -Term Nonprofit) Type B (Short-Term Profit) I $100 $250 application base fee, plus four components based on construction value: Type C 1) Plan Review (Disturbance of City Right -of -Way) 2) Construction Inspection 3) Pavement Mitigation 4) Grading Plan Review $100 $250 processing fee, plus $5,000 cash deposit, withdraw $100 /instance for inspection 1 $60 per inspection I $5,000 administrative fee I $5,000 plus 5% of total revenue 1 $1,200 $500 processing fee, plus 17% administrative fee, plus $500 segregation fee 1 $50 $50 Page 1 of 4 EXHIBIT PUBLIC WORKS FEE SCHEDULE (Continued) WATER RATES FEE Water Meter Installation .75 inch $600 1 inch $1,100 1.5 inches $2,400 2 inches $2,800 3 inches $4,400 4 inches $7,800 6 inches $12,500 Water Meter Deduct I $25 Water Base Charge (Monthly) In addition to the monthly water base charge, each 100 cubic feet of water used will be charged as shown in "Water Rates (Monthly)." Single Family (one dwelling unit) $6.00 Multi- Family (more than one dwelling $6.00 for each dwelling unit unit) Commercial /Industrial Customers 3 /4 inch Service $12.00 1 inch Service $25.00 1 Y2 inch Service $35.00 2 inch Service $50.00 3 inch Service $75.00 4 inch Service $100.00 6 inch Service $150.00 8 inch Service $200.00 10 inch Service $250.00 12 inch Service $300.00 Water Rates (Monthly) In addition to the monthly water base charge listed above, each 100 cubic feet of water will be charged at the following rates: Single and Multi- Family $2.79 (January May) Single and Multi- Family $3.89 (June September) Single and Multi- Family $2.79 (October December) Commercial /Industrial $3.62 (J anuary May) Commercial /Industrial $4.98 (June September) Commercial /Industrial $3.62 (October December) Fire Protection Service Charges (Monthly) Per month based on size of service. 2 inch Service $6.00 3 inch Service $13.50 4 inch Service $24.00 6 inch Service $54.00 8 inch Service $96.00 10 inch Service $150.00 12 inch Service $216.00 C:\Documeots and Set>ings\All Usr\Desktop1KelI MSDATA\Resolutions\PW Fee Schedule 2008.doc GL:ksn IO/22J2008 Page 2 of 4 Residential Sewer Service (single dwelling unit) Residential Sewer Service (multiple dwelling unit, permanent type) Commercial and Industrial Sewage Service Sewer Late Charge Surface Water Utility Rates Per Year Caterorv: 1. Natural 2. 0 -20% Developed Surface 3. 21 -50% Developed Surface 4. 51 -70% Developed Surface 5. 71-85% Developed Surface 6. 86 -100% Developed Surface 7. Single- Family Residential Parcels Between 1 and 3 Between and 5 Between 6 and 10 Between 11 and 15 Between 16 and 20 Between 21 and 25 Between 26 and 30 1 Between 31 and 40 Between 41 and 60 Greater than 60 PUBLIC WORKS FEE SCHEDULE (Continued) SEWER RATES SURFACE WATER UTILITY RATES PER YEAR FEE Flat rate of $11.64 er month (TMC 14.1. o. 7) Flat rate of $11.64 dwelling u Flat rate $20.37 er month and, in addition, any age over 750 cubic feet of water per month shall be at the rate of $20.37 per 750 cubic feet (TMC 14.16.030, No. 4) $5 per month on sewer accounts more than 30 days in arrears (TMC 14.16.030, No. 5) Service Charge Per Acre $88.55 $192.40 $352.71 $526.36 $634.00 $739.68 $71.00 per parcel C:\Documents and ScttinsWAll UserAloestyoptKc11y1MSDATAtRcsolutionsWW Fec Schedule 2008.doe GL:ksn la/22/200S la/22/200S i73tTN er month for each TI e( C 14.16.030, No. 2) eZ +e6 FEE PER YEAR Service Charge Per 4,356 Square Feet $8.85 $19.24 $35.27 $52.63 $63.40 $73.96 N/A TRANSPORTATION CONCURRENCY TEST FEE SCHEDULE FEES FOR RESIDENTIAL USE UNIT ALL TYPES OF RESIDENTIAL $300 $600 $1,200 82,000 $3,500 $5,000 $6,500 $8,000 $10,000 $12,000 1 All residential uses defined by the ITE Trip Generation Manual Land Use Codes 200 -299, including single family, multi family, mobile home parks, and shared housing Page 3 of 4 LNDus- GROSS FLOOR AREA TRIAL Less than 5,000 $1,000 Between 5,001 and 10,000 $1,500 Between 10,001 and 20,000 $2,000 Between 20,001 and 30,000 $3,000 Between 30,001 and 40,000 $4,000 Between 40,001 and 50,000 $5,000 Between 50,001 and 70,000 $6,000 Between 70,001 and 90,000 $7,000 Between 90,001 and 150,000 $8,000 Between 150,001 and 200,000 $9,000 Greater than 200,000 $10,000 ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY. Office of the City Attorney FEES FOR NON-RESIDENTIAL USE OFFICE; RETAIL 4 EATERY' $1,8001 $2,700 $2,7001 $4,050 $3,600 1 $5,400 $5,400 1 $8,100 $7,200 1 $10,800 $9,000 1 $13,500 $10,8001 $16,200 $12,600 $18,900 $14,400 1 $21,600 $16,200 $24,300 $18,0001 $24,300 1 $5,400 $8,100 $10,800 $10,800 $10,800 $10,800 $10,800 $10,800 $10,800 $10,800 $10,800 2 All industrial /agricultural uses defined by the 11E Trip Generation Manual Land Use Codes 100 -199, including light and heavy industrial, manufacturing, and warehousing 3 All office, medical, and service related uses defined by the ITE Trip Generation Manual Land Use Codes 600 -699, 700 -799, and 900 -999, including general office, medical facilities, and banks 4 All retail and recreation uses defined by the ITE Trip Generation Manual Land Use Codes 400- 499, 800 -830 and 837 -899, including retail sales, rental sales, athletic clubs, and theaters s All food service uses defined by the fib Trip Generation Manual Land Use Codes 831-336, excluding accessory (stand alone) drive- through espresso stands (or similar) under 250 sq. ft, which are assessed $300 6 All institutional and transportation uses defined by the 11E Trip Generation Manual Land Use Codes 000 -099 and 500 -599, including schools, places of worship, day care, terminals, and transit Section 2. Resolution No. 1596, dated November 21, 2005, No. 1627, dated March 5, 2007 and No. 1652, dated December 3, 2007 are hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. Joe Duffle, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: C:\Documcnts and ScningstAll Usc slDcsktopOCelIytMSDATAIRcsol aions\PW Fec Scbcdule 2008.do: GL:ksn 10/25/2008 INa1Itti- ALL TIONAL OTHER PORT USES $500 $1,000 $1,500 $2,000 $2,500 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 Page 4of4 $1,500 $2,000 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 UTILITIES COMMITTEE Meeting Minutes November 3, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Verna Griffm, Chair; Joan Hernandez, and De' Sean Quinn (filling in for Kathy Hougardy) Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Pat Brodin, Ryan Larson, Mike Cusick, and Gail Labanara Guests: Chuck Parrish CALL TO ORDER: Committee Chair Griffm called the meeting to order at 5:00 p.m. I. PRESENTATIONS No Presentations. II. BUSINESS AGENDA A. Water and Sewer Rate for 2009 Jim Morrow and Gail Labanara reported on the water, sewer and surface water funds and the proposed rate increases for 2009. Water revenue remains flat and with the Cascade Water Alliance increase of 11.7% in 2009, an overall 15% water rate increase is proposed. The CIP's Water Attachment D now has Cascade Water Alliance shown in Water Revenue and Water Expenditures as a pass- though cost to the ratepayers (similar to the sewer fund's KC Metro sewer fees). All of the rate changes are included in Exhibit A. Both water and sewer rates will be adopted by the Public Works Fee Schedule Resolution. King County will be increasing their sewer charge 14.13 from $27.95 to $31.90 per month as well as the sewer capacity charge. The KC sewer metro rate increase will be adopted by the proposed sewer ordinance. City sewer rates will increase by 15% in 2009. There is no increase in 2009 for the surface water fees. All three of these enterprise funds are restricting capital projects in order to keep the ending fund balance stable. UNANIMOUS APPROVAL. FORWARD TO NOVEMEBER 10 COW. B. Tukwila 205 Levee Field Trio The field trip was cancelled as it was determined that it would be too dark to tour the 205 Levee after 5:OOp.m. Council is requested to contract Jim Morrow directly to schedule a daylight tour at your convenience. INFORMATION ONLY. M. MISCELLANEOUS Meeting adjourned at 5:30 p.m. Next meeting: Monday. November 17. 2008 5:00 p.m. Conference Room No. 1. Minutes by GL. Committee Chair Approval City of Tukwila Utilities Committee CAS NUMBER 08-140 SPONSOR'S SUMMARY RI :A'IIA\'1 {D BY MTG. DATE 1 11/10/08 o /go AGI .ND.\ Tr11.1 Open Space Acquisition CA'I'I {GORY Discussion Motion Resolution Mr Date 11/10/08 Alt8 Date 11/17/08 Alts Date COW Mtg. Utilities Cmte COUNCIL AGENDA SYNOPSIS Lutials Prepared by 1 Mayor's review 1,_ -uncil review Meeting Date 11/10/08 BF h ITEM INFORMATION CA &P Cmte Arts Comm. U Ordinance Mtg Date fl ORIGINAL AGENDA DATE: November 10, 2008 F &S Cmte Q Parks Comm. DALE: October 27, 2008 RECOMMENDATIONS: SPONSOR /ADMIN. Approve purchase COMMDTEE Unaminous approval; Forward to Committee of the Whole COST IMPACT 1 FUND SOURCE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 11/10/08 Informational memorandum dated 10/22/08 Purchase and Sales Agreement Minutes from the Community Affairs and Parks Committee of 10/27/08 ITEM NO. J. c Bid Award Public Hearing Other Altg Date Altg Date Altg Date I SPONS()R Council Mayor Adm Svcs DCD n Finance Fire Legal P&R Police PIV The Parks and Recreation Department is seeking approval to purchase 1.74 acres of land for open space preservation. The property is located at 5800 S 152' Street and adjoins the Tukwila Elementary School and is surrounded by many apartement complexes. After negotiations with the Boys and Girls Club of Thurston County, a purchase price of $150,000 was agreed upon. The funding will come from the CIP REET funding. Transportation Cmte Planning Comm. ExPI N DITURI s R1 iQUIRE D AMOUNT BUDGETED APPROPRIATION REQUIRED $150,000 $150,000 Fund Source: 301 FUND, PAGE 91N 2008 CIP Comments City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Bruce Fletcher, Director of Parks and Recreation DATE: October 22, 2008 SUBJECT: Open Space Acquisition The Parks and Recreation Department has been contacted by a representative of the Boys and Girls Club of Thurston County to acquire available open space land in Tukwila. The 1.74 acre site is located at 5800 S 152 Street and adjoins the Tukwila Elementary School property. When first approached to purchase this land, the askmg price was $799,000 and is zoned at medium density residential. The property is surrounded by many apai t,.uent complexes and homes and this green space would be ideal to preserve as open space instead of the proposed apartment unit site. The open space need is justified by the current Parks and Open Space Plan which has identified a deficit of open space of 12.68 acres by the year 2022. With the property location next to a local elementary school and near our #7 foot trail, it certainly fits the need to move forward with the open space proposal. After negotiations with the Boys and Girls Club real estate representative, a purchase price of $1 50,000 was agreed upon. The funding will come from the current 2008 Capital Improvement Program for parks and trails. It is the recommendation of the Director of Parks and Recreation to approve the purchase and sale agreement of $150,000 for the 1.74 acres located at 5800 South 152 Street. Cc. Rhonda Berry, City Administrator Phone: 206 433 -1800 0 City Hall Fax: 206- 433 -1833 www.ci.tukwila.wa.us INITIALS: Buyer Buyer GVA Kidder Mathews Worldwide Real Estate Solutions GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS /crfegat/5800 South 152' St PS_ 1A 1008 Date Date Selfer Date Seller Date O Copyright 1999 2005 Commercial Brokers Association All Rights Reserved CBA Form PS_1A Purchase Sale Agreement Rev 7/07 Pane 1 0113 Reference Date: October 7, 2008 City of Tukwila "Buyer") agrees to buy and Boys and Girls Clubs of Thurston County "Seller") agrees to sell, on the following terms, the commercial real estate and all improvements thereon (collectively, the "Property") commonly known as 5800 South 152 Street in the City of Tukwila, King County, Washington, legally described on attached Exhibit A. The Reference Date above is intended to be used to reference this Agreement, and is not the date of "Mutual Acceptance." Mutual Acceptance is defined in Section 23 below. 1. PURCHASE PRICE. The total purchase price is One Hundred Fifty Thousand and No /100 Dollars ($150.000.00) payable as follows (check only one): All cash at closing with no financing contingency. All cash at closing contingent on new financing in accordance with the Financing Addendum (attach CBA Form PS_FIN). of the purchase price in cash at closing with the balance of the purchase price paid as follows (check one or both, as applicable): Buyer's assumption of the outstanding principal balance as of the Closing Date of a first lien note and deed of trust (or mortgage), or real estate contract, in accordance with the Financing Addendum (attach CBA Form PS_FIN); Buyer's delivery at closing of a promissory note for the balance of the purchase price, secured by a deed of trust encumbering the Property, in accordance with the Financing Addendum (attach CBA Form PS_FIN Other: 2. EARNEST MONEY. The earnest money in the amount of $5,000.00 shall be in the form of Cash Personal check Promissory note (attached CBA Form EMN) Other: The earnest money shall be held by Selling Licensee Closing Agent. Buyer shall deliver the earnest money no later than: days after Mutual Acceptance. On the last day of the Feasibility Period defined in Section 5 below. Other: Selling Licensee may, however, transfer the earnest money to Closing Agent. If the earnest money is to be held by Selling Licensee and is over $10,000, it shall be deposited to: Selling Licensee's pooled trust account (with interest paid to the State Treasurer) A separate interest bearing trust account in Selling Licensee's name. The interest, if any, shall be credited at closing to Buyer If this sale fails to close, whoever is entitled to the earnest money is entitled to interest. Selling Licensee shall deposit any check to be held by Selling Licensee within 3 days after receipt or Mutual Acceptance, whichever occurs later. Buyer agrees to pay financing and purchase costs incurred by Buyer Unless otherwise provided in this Agreement, the earnest money shall be applicable to the purchase price. 3. EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement: Exhibit A Legal Description Earnest Money Promissory Note, CBA Form EMN CIA Kidder Mathews Wwtdwidc Rea' Estate Solutions INITIALS: Buyer Date Buyer Date GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS /crAegal/5800 South 152 St PS_ 1A 1008 Promissory Note, LPB Form No. 28A/CBA Form N1 -A Short Form Deed of Trust, LPB Form No. 20 Deed of Trust Rider, CBA Form DTR Utility Charges Addendum, CBA Form UA FiRPTA Certification, CBA Form 22E Assignment and Assumption, CBA Form PS -AS Addendum /Amendment, CBA Form PSA Back -Up Addendum, CBA Form BU -A Vacant Land Addendum, CBA Form VLA Financing Addendum, CBA Form PS__FIN Tenant Estoppel Certificate, CBA Form PS_TEC Defeasance Addendum, CBA Form PS_D Other Seller Date Date O Copyright 1999 2005 Commercial Brokers Association All Rights Reserved CBA Form PS_1A Purchase Sale Agreement Rev 7/07 Page 2 of 13 G 4. SELLER'S UNDERLYING FINANCING. Unless Buyer is assuming Seller's underlying financing, Seller shall be responsible for confirming the existing underlying financing is not subject to any "lock out" or similar covenant which would prevent the lender's lien from being released at closing. In addition, Seller shall provide Buyer notice prior to the end of the Feasibility Period if Seller is required to substitute securities for the Property as collateral for the underlying financing (known as "defeasance if Seller provides this notice of defeasance to Buyer, then the parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different process identified in Seller's defeasance notice to Buyer. 5. FEASIBILITY CONTINGENCY. Buyer's obligations under this Agreement are conditioned upon Buyer's satisfaction in Buyer's sole discretion, concerning all aspects of the Property, including its physical condition; the presence of or absence of any hazardous substances; the contracts and leases affecting the property; the potential financial performance of the Property; the availability of government permits and approvals; and the feasibility of the Property for Buyer's intended purpose. This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives written notice to Seller within thirty (30) days (30 days if not filled in) of Mutual Acceptance stating that this condition is satisfied. If such notice is timely given, the feasibility contingency stated in this Section 5 shall be deemed to be satisfied. As used in this Agreement, the term "Feasibility Period" shall mean the period beginning upon Mutual Acceptance and ending upon the satisfaction or waiver of the feasibility contingency. a. Books, Records, Leases, Agreements. Seller shall make available for inspection by Buyer and its agents within days (2 days if not filled in) after Mutual Acceptance all documents in Seller's possession or control relating to the ownership, operation, renovation or development of the Property, excluding appraisals or other statements of value, and including: statements for real estate taxes, assessments, and utilities for the last three years and year to date; property management agreements and any other agreements with professionals or consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite -by- suite schedule of tenants, rents, prepaid rents, deposits and fees; plans, specifications, permits, applications, drawings, surveys, and studies; and maintenance records, accounting records and audit reports for the last three years and year to date; and "Vendor Contracts" which shall include maintenance or service contracts, and installments purchase contracts or leases of personal property or fixtures used in connection with the Property. Buyer shall determine within the Feasibility Period: (1) whether Seller will agree to terminate any objectionable Vendor Contracts; and (ii) whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts. Buyer's waiver of the Feasibility Contingency shall be deemed Buyer's acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate Buyer shall be solely responsible for obtaining any required consents to such assumption and the payment of any assumption GVA Kidder Mathews fees. Seller shall cooperate with Buyer's efforts to receive any such consents but shall not be required to incur any out -of- pocket expenses or liability in doing so. Seller shall transfer the Vendor Contracts as provided in Section 17 of this Agreement. Any leases, contract or agreements that run with title to the Property are addressed in Section 6(b) below. b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk to enter the Property at reasonable times subject to the rights of and after legal notice to tenants, to conduct inspections concerning the Property and improvements, including without limitation, the structural condition of improvements, hazardous materials, pest infestation, soils conditions, sensitive areas, wetlands, or other matters affecting the feasibility of the Property for Buyer's intended use. Buyer shall schedule any entry onto the Property with Seller in advance and shall comply with Seller's reasonable requirements including those relating to security, confidentiality, and disruption of Seller's tenants. Buyer shall not perform any invasive testing including environmental inspections beyond a phase I assessment or contact the tenants or property management personnel without obtaining the Seller's prior written consent, which shall not be unreasonably withheld. Buyer shall restore the Property and improvements to the same condition they were in prior to inspection. Buyer shall be solely responsible for all costs of its inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory liens. Buyer agrees to indemnify and defend Seller from all liens, costs, claims, and expenses, including attorneys' and experts' fees, arising from or relating to entry onto or inspection of the Property by Buyer and its agents. This agreement to indemnify and defend Seller shall survive closing. Buyer may continue to enter the Property in accordance with the foregoing terms and conditions after removal or satisfaction of the feasibility contingency only for the purpose of leasing or to satisfy conditions of financing. c. Buyer waives the right to receive a seller disclosure statement "Form 17 if required by Chapter 64.06 RCW. However, if Seller would otherwise be required to provide Buyer with a Form 17, and if the answer to any of the questions in the section of the Form 17 entitled "Environmental" would be "yes," then buyer does not waive the receipt of the "Environmental" section of the Form 17 which shall be provided by Seller. 6. TITLE INSURANCE. a. Title Report. Seller authorizes Buyer, its Lender, Listing Agent, Selling Licensee and Closing Agent, at Seller's expense, to apply for and deliver to Buyer a standard extended (standard, if not completed) coverage owner's policy of title insurance. If an extended coverage owner's policy is specified, Buyer shall pay the increased costs associated with that policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insurer. The title report shall be issued by Chicago Title (Seller's choice, if not completed). b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title report or any supplemental report within the earlier of: (1) twenty (20) days after mutual acceptance of this Agreement; or (2) the expiration of the Feasibility Period. This Agreement shall terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless within five (5) days of Buyer's notice of such objections (1) Seller agrees to remove all objectionable provisions or (2) Buyer notifies Seller that Buyer waives any objections which Seller does not agree to remove. If any new title matters are disclosed in a supplemental title report, then the preceding termination, objection and waiver provisions shall apply to the new title matters except that Buyer's notice of objections must be delivered within five (5) days of delivery of the supplemental report and Seller's response or Buyer's waiver must be delivered within two (2) days of Buyer's notice of objections. The closing date shall be extended to the extent necessary to permit time for these notices. Buyer shall not be required to object to any mortgage or deed of trust liens, or the statutory lien for real property taxes, and the same shall not be deemed to be Permitted Exceptions; provided that the lien securing any financing which Buyer has agreed to assume shall be a Permitted Exception. Except for the foregoing, those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the INITIALS. Buyer Date Buyer Woddwidc Real Es121c Solutions Date GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS /cr ega1/5800 South 152' St PS iA 1008 Seller Date Copyright 1 999 2005 Commercial Brokers Asso iation All Rights Reserved CSA Form PS_1A Purchase Sale Agreement Rev 7/07 Page 3 0113 Seller__ T Date G GVA Kidder Mathews Worldwide Aral :slate Solutions GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS /cr/IegaU5800 South 752' St PS_ 1 A 1008 "Permitted Exceptions." Seller shall cooperate with Buyer and the title company to clear objectionable title matters but shall not be required to incur any out -of- pocket expenses or liability other than payment of monetary encumbrances not assumed by Buyer and proration of real property taxes, and Seller shall provide an owner's affidavit containing the information and reasonable covenants requested by the title company. The title policy shall contain no exceptions other than the General Exclusions and Exceptions common to such form of policy and the Permitted Exceptions. 7. CLOSING OF SALE. This sale shall be closed en within sixty (601 days of mutual acceptance, "closing by Chicago Title and Escrow ("Closing Agent (Seller shall select the Closing Agent, if not completed). Buyer and Seller shall deposit with Closing Agent by Noon on the scheduled closing date all instruments and monies required to complete the purchase in accordance with this Agreement. "Closing" shall be deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller. Time is of the essence in the performance of this Agreement. Sale proceeds shall be considered available to Seller notwithstanding they may not be disbursed to Seller until the first business day following closing. Notwithstanding the foregoing, if Seller informed Buyer during the Feasibility Period that Seller's underlying financing requires that it be defeased and may not be paid off, then closing shall be conducted in accordance with the three -day closing process described in CBA Form PS_D. This Agreement is intended to constitute escrow instructions to Closing Agent. Buyer and Seller will provide any supplemental instructions requested by Closing Agent provided the same are consistent with this Agreement. 8. CLOSING COSTS AND PRORATIONS. Seller shall deliver an updated rent roll to Closing Agent not later than two (2) days before the scheduled closing date in the form required by Section 5(a) and any other information reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for closing. Seller certifies that the information contained in the rent roll is correct as of the date submitted. Seller shall pay the premium for the owner's standard coverage title policy. Buyer shall pay the excess premium attributable to any extended coverage or endorsements requested by Buyer, and the cost of any survey required in connection with the same. Seller and Buyer shall each pay one -half of the escrow fees Real estate excise taxes shall be paid by the party who bears primary responsibility for payment under the applicable statute or code, which is typically Seller. Real and personal property taxes and assessments payable in the year of closing; collected rents on any existing tenancies; interest; utilities; and other operating expenses shall be pro -rated as of closing. If tenants pay any of the foregoing expenses directly, then Closing Agent shall only pro rate those expenses paid by Seller. Buyer shall pay to Seller at closing an additional sum equal to any utility deposits or mortgage reserves for assumed financing for which Buyer receives the benefit after closing. Buyer shall pay all costs of financing including the premium for the lender's title policy. The real estate commission is due on closing or upon Seller's default under this Agreement, whichever occurs first, and neither the amount nor due date thereof can be changed without Listing Agent's written consent. If the Property was taxed under a deferred classification prior to closing, then Seller shall pay all taxes, interest, penalties, deferred taxes or similar items which result from removal of the Property from the deferred classification. At closing, all refundable deposits on tenancies shall be credited to Buyer or delivered to Buyer for deposit in a trust account if required by state or local law. Buyer shall pay all sales or use tax applicable to the transfer of personal property included in the sale. a. Unpaid Utility Charges. Buyer and Seller WAIVE DO NOT WAIVE the right to have the Closing Agent disburse closing funds necessary to satisfy unpaid utility charges affecting the Property pursuant to RCW 60.80. If "do not waive" is checked, then attach CBA Form UA "Utility Charges" Addendum). If neither box is checked, then the "do not waive" option applies. 9. POST- CLOSING ADJUSTMENTS, COLLECTIONS, AND PAYMENTS. After closing, Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at closing based upon estimates. Any bills or invoices received by Buyer after closing which relate to services rendered or goods delivered to the Seller or the Property prior to closing shall be paid by INITIALS: Buyer Date Seiler_ Date Buyer Date Seller Date Copyright 1999 2005 Cornmercial Brokers Association All Rights Reserved CBA Form PS_1A Purchase Sale Agreement Rev. 7107 Page 4 of 13 COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS /cMsgat/5800 South 152' St PS IA 1008 INITIALS Buyer Buyer GVA Kidder Mathews Wvddwide Real Estate Soluiious Seller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Notwithstanding the foregoing, if tenants pay certain expenses based on estimates subject to a post closing reconciliation to the actual amount of those expenses, then Buyer shall be entitled to any surplus and shall be liable for any credit resulting from the reconciliation. Rents collected from each tenant after dosing shall be applied first to rentals due most recently from such tenant for the period after closing, and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. Seller shall be entitled to pursue any lawful methods of collection of delinquent rents but shall have no right to evict tenants after closing. 10. OPERATIONS PRIOR TO CLOSING. Prior to closing, Seller shall continue to operate the Property in the ordinary course of its business and maintain the Property in the same or better condition than as existing on the date of Mutual Acceptance, but shall not be required to repair material damage from casualty except as otherwise provided in this Agreement. After the Feasibility Period, Seller shall not enter into or modify existing rental agreements or leases (except that Seller may enter into, modify, extend, renew or terminate residential rental agreements or residential leases in the ordinary course of its business), service contracts, or other agreements affecting the Property which have terms extending beyond closing without first obtaining Buyer's consent, which shall not be unreasonably withheld. 11. POSSESSION. Buyer shall be entitled to possession Eg on closing (on closing, if not completed). Buyer shall accept possession subject to all tenancies disclosed to Buyer during the Feasibility Period. 12. SELLER'S REPRESENTATIONS. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of the feasibility contingency stated in Section 5 above, including in the books, records and documents made available to Buyer, or in the title report or any supplemental report or documents referenced therein, Seller represents to Buyer that, to the best of Seller's actual knowledge, each of the following is true as of the date hereof: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its obligations under the Agreement; (b) The books, records, leases, agreements and other items delivered to Buyer pursuant to this Agreement comprise all material documents in Seller's possession or control regarding the operation and condition of the Property; (c) Seller has not received any written notices that the Property or the business conducted thereon violate any applicable laws, regulations, codes and ordinances; (d) Seller has all certificates of occupancy, permits, and other governmental consents necessary to own and operate the Property for its current use; (e) There is no pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after closing; (f) There is no pending or threatened condemnation or similar proceedings affecting the Property, and the Property is not within the boundaries of any planned or authorized local improvement district; (g) Seller has paid (except to the extent prorated at closing) all local, state and federal taxes (other than real and personal property taxes and assessments described in Section 8 above) attributable to the period prior to closing which, if not paid, could constitute a lien on Property (including any personal property), or for which Buyer may be held liable after closing; (h) Seller is not aware of any concealed material defects in the Property except as disclosed to Buyer in writing during the Feasibility Period; (i) There are no Hazardous Substances (as defined below) currently located in, on, or under the Property in a manner or quantity that presently violates any Environmental Law (as defined below); there are no underground storage tanks located on the Property; and there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of Environmental Law at the Property. As used herein, the term "Hazardous Substances" shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous waste toxic substance, pollutant, or contaminant under any federal, state, or local law, regulation, or ordinance governing any substance that could cause actual or suspected Date Date GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 Seller Date e Copyright 1999 2005 Commercial Brokers Association At Rights Reserved CBA Form PS_1A Purchase Sale Agreement Rev 7/07 Page 5 of 13 Seller Date G GSA Kidder Mathews Worldwide Rea; Estate Soiuth09s GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 INITIALS: Buyer Date Buyer COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS /cr/lega1/5800 South 152 St PS_ 1A 1008 harm to human health or the environment "Environmental Law The term "Hazardous Substances" specifically includes, but is not limited to, petroleum, petroleum by- products, and asbestos. If prior to closing Seller or Buyer discovers any information which would cause any of the representations above to be false if the same were deemed made as of the date of such discovery, then the party discovering the same shall promptly notify the other party in writing. If the newly- discovered information will result in costs or liability to Buyer in excess of the lesser of $100,000 or five percent (5 of the purchase price, or will materially adversely affect Buyer's intended use of the Property, then Buyer shall have the right to terminate the Agreement and receive a refund of its earnest money provided Buyer elects to do so within five (5) days of discovering or receiving written notice of the new information. Nothing in this paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of the newly- discovered information such that a representation provided for above was false. 13. AS -IS. Except for those representations and warranties specifically included in this Agreement: (i) Seller makes no representations or warranties regarding the Property; (ii) Seller hereby disclaims, and Buyer hereby waives, any and all representations or warranties of any kind, express or implied, concerning the Property or any portion thereof, as to its condition, value, compliance with laws, status of permits or approvals, existence or absence of hazardous material on site, occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property, including the warranties of fitness of a particular purpose, tenantability, habitability and use; (iii) Buyer otherwise takes the Property "AS IS;" and (iv) Buyer represents and warrants to Seller that Buyer has sufficient experience and expertise such that it is reasonable for Buyer to rely on its own pre closing inspections and investigations. 14. PERSONAL PROPERTY. a. This sale includes all right, title and interest of Seller to the following tangible personal property: None That portion of the personal property located on and used in connection with the Property, which Seller will itemize in an Addendum to be attached to this Agreement within ten (10) days of Mutual Acceptance (None, if not completed). The value assigned to the personal property shall be (if not completed, the County assessed value if available, and if not available, the fair market value determined by an appraiser selected by the Listing Agent and Selling Licensee). Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale b. In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a) above, this sale includes all right, title and interest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation: all rights -of -way, rights of ingress or egress or other interests in, on, or to, any land, highway, street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or adjoining the Property; all rights to utilities serving the Property; all drawings, plans, specifications and other architectural or engineering work product; all governmental permits, certificates, licenses, authorizations and approvals; all rights, claims, causes of action, and warranties under contracts with contractors, engineers, architects, consultants or other parties associated with the Property; all utility, security and other deposits and reserve accounts made as security for the fulfillment of any of Seller's obligations; any name of or telephone numbers for the Property and related trademarks, service marks or trade dress; and guaranties, warranties or other assurances of performance received. 15. CONDEMNATION AND CASUALTY. Seller bears all risk of loss until closing, and thereafter Buyer shall bear the risk of loss. Buyer may terminate this Agreement and obtain a refund of the earnest money if improvements on the Property are destroyed or materially damaged by casualty before closing, or if condemnation proceedings are commenced against all or a portion of the Property before closing. Damage will be considered material if the cost of repair exceeds the lesser of $100,000 or five percent (5 of the purchase price stated in this Agreement. Alternatively, Buyer may elect to proceed with closing in which case at closing Seller shall assign to Buyer all Date Seller Seller Date 5 Copyright 1999 2005 Commercial Brokers Association All Rights Reserved Date CBA Form PS_1A Purchase Sale Agreement Rev, 7/07 Page 6 0113 G GVA Kidder Mathews represented INITIALS. Buyer Buyer Worldwide Real Estate Solutions claims and right to proceeds under any property insurance policy and shall credit to Buyer at closing the amount of any deductible provided for in the policy. 16. FIRPTA TAX WITHHOLDING AT CLOSING. Closing Agent is instructed to prepare a certification (CBA or NWMLS Form 22E, or equivalent) that Seller is not a "foreign person" within the meaning of the Foreign Investment in Real Property Tax Act. Seller agrees to sign this certification. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 17. CONVEYANCE. Title shall be conveyed by a Statutory Warranty Deed subject only to the Permitted Exceptions. If this Agreement is for conveyance of Seller's vendee's interest in a Real Estate Contract, the Statutory Warranty Deed shall include a contract vendee's assignment sufficient to convey after acquired title. At closing, Seller and Buyer shall execute and deliver to Closing Agent CBA Form No. PS -AS Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a) and all intangible property transferred pursuant to Section 14(b). 18. NOTICES AND COMPUTATION OF TIME. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement (including revocations of offers and counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Agent with a courtesy copy to any other party identified as a recipient of notices in Section 28 of this Agreement. A notice to Seller shall be deemed delivered only when received by Seller, Listing Agent, or the licensed office of Listing Agent. Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer with a copy to Selling Licensee with a courtesy copy to any other party identified as a recipient of notices in Section 28 of this Agreement. A notice to Buyer shall be deemed delivered only when received by Buyer, Selling Licensee, or the licensed office of Selling Licensee Selling Licensee and Listing Agent have no responsibility to advise of receipt of a notice beyond either phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in this Agreement. Buyer and Seller must keep Selling Licensee and Listing Agent advised of their whereabouts to receive prompt notification of receipt of a notice. If any party is not represented by a licensee, then notices must be delivered to and shall be effective when received by that party. Unless otherwise specified in this Agreement, any period of time in this Agreement shall mean Pacific Time and shall begin the day after the event starting the period and shall expire at 5:00 p.m. of the last calendar day of the specified period of time, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or legal holidays. Notwithstanding the foregoing, references to specific dates or times or number of hours shall mean those dates, times or number of hours. 19. AGENCY DISCLOSURE. At the signing of this Agreement, Selling Licensee represented and the Listing Agent Ted Sipila. CCIM and Evan Parker of GVA Kidder Mathews COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS /crfegal/5800 South 152'' S1 PS 1A 1008 If Selling Licensee and Listing Agent are different salespersons affiliated with the same Broker, then Seller and Buyer confirm their consent to Broker acting as a dual agent. If Selling Licensee and Listing Agent are the same person representing both parties, then Seller and Buyer confirm their consent to that person and his /her Broker acting as dual agents. If Selling Licensee, Listing Agent, or their Broker are dual agents, then Seller and Buyer Date Date GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 Setter Date Seller Date Copyright 1999 2005 Commercial Brokers Association All Rights Reserved CBA Form PS_1A Purchase Sale Agreement Rev 7/07 Pace 7 of 13 G GVA Kidder Mathews INITIALS: Buyer 4m;ldwide Real Estate Solutions Buyer Date GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone (253) 383 -5693 Fax: (253) 572 -2648 COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS /crlegab5800 South 150" St PS 1A 1008 Seller Date Date Seller Date Copyright 1999 2005 Commercial Brokers Association All Rights Reserved CBA Form PS_1 A Purchase Sale Agreement Rev. 7/07 Page 8 of 13 consent to Selling Licensee, Listing Agent and their Broker being compensated based on a percentage of the purchase price or as otherwise disclosed on an attached addendum. Buyer and Seller confirm prior receipt of the pamphlet entitled The Law of Real Estate Agency." 20. ASSIGNMENT. Buyer may may not (may not, if not completed) assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, unless provided otherwise herein. If the may not" option is selected and the words "and/or assigns" or similar words are used to identify the Buyer, then this Agreement may be assigned with notice to Seller but without Seller's consent only to an entity which is controlled by or under common control with the Buyer identified in this Agreement. Any other assignment requires Seller's consent. The party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement notwithstanding any assignment and, if this Agreement provides for Seller to finance a portion of the purchase price, then the party identified as the initial Buyer shall guarantee payment of the Seller financing. 21. DEFAULT AND ATTORNEY'S FEE. a. Buyer's default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then (check one): Seller may terminate this Agreement and keep the earnest money as liquidated damages as the sole and exclusive remedy available to Seller for such failure; or Seller may, at its option, (a) terminate this Agreement and keep as liquidated damages the earnest money as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue any other rights or remedies available at law or equity. b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of the Property, then (check one): As Buyer's sole remedy, Buyer may either (a) terminate this Agreement and recover all earnest money or fees made by Buyer whether or not the same are identified as refundable or applicable to the purchase price; or (b) bring suit to specifically enforce this Agreement and recover incidental damages provided Buyer must file suit within sixty (60) days of the scheduled date of closing or any earlier date Seller has informed Buyer in writing that Seller will not proceed with closing; or Buyer may, at its option, (a) bring suit against Seller for Buyer's actual damages, (b) bring suit to specifically enforce this Agreement and recover any incidental damages, or (c) pursue any other rights or remedies available at law or equity. Neither Buyer nor Seller may recover consequential damages such as lost profits. If Buyer or Seller institutes suit against the other concerning this Agreement, the prevailing party is entitled to reasonable attorneys' fees and expenses. In the event of trial, the amount of the attorney's fee shall be fixed by the court. The venue of any suit shall be the county in which the Property is located, and this Agreement shall be governed by the laws of the state where the Property is located. 22. MISCELLANEOUS PROVISIONS. a. Complete Agreement. The Agreement and any addenda and exhibits to it state the entire understanding of Buyer and Seller regarding the sale of the Property. There are no verbal or other written agreements which modify or affect the Agreement. b. Counterpart Signatures. The Agreement may be signed in counterpart, each signed counterpart shall be deemed an original, and all counterparts together shall constitute one and the same agreement. c. Electronic Delivery. Electronic delivery of documents (e.g., transmission by facsimile or email) including signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery of an GVA Kidder Mathews Wo,Ithriale Real Estate Solutions INITIALS: Buyer Date GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS/crlegal/5800 South 152'' St PS 1A 1008 Seller Date Buyer Date Seller Date Copyright 1999 2005 Commercial Brokers Association An Rights Reserved CBA Form PS_1A Purchase Sale Agreement Rev. 7/07 Page 9 of 13 original. At the request of either party, or the Closing Agent, the parties will replace electronically delivered offers or counteroffers with original documents. d. Section 1031 Like -Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 like -kind exchange, then the other party agrees to cooperate in the completion of the like -kind exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys fees and costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to closing. Notwithstanding Section 20 above, any party completing a Section 1031 like -kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. 23. ACCEPTANCE; COUNTEROFFERS. Seller has until midnight of October 13, 2008 (if not filled in, the third business day following the last Buyer signature date below) to accept this offer, unless sooner withdrawn. If this offer is not timely accepted, it shall lapse and the earnest money shall be refunded to Buyer. If either party makes a future counteroffer, the other party shall have until 5:00 p.m. on the business day (if not filled in, the second business day) following its receipt to accept the counteroffer, unless sooner withdrawn. If the counteroffer is not timely accepted or countered, this Agreement shall lapse and the earnest money shall be refunded to the Buyer. No acceptance, offer or counteroffer from the Buyer is effective until a signed copy is received by the Seller, the Listing Agent or the licensed office of the Listing Agent. No acceptance, offer or counteroffer from the Seller is effective until a signed copy is received by the Buyer, the Selling Licensee or the licensed office of the Selling Licensee. "Mutual Acceptance" shall occur when the last counteroffer is signed by the offeree, and the fully- signed counteroffer has been received by the offeror, his or her licensee, or the licensed office of the licensee. If any party is not represented by a licensee, then notices must be delivered to and shall be effective when received by that party. 24. INFORMATION TRANSFER. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within ten (10) days of Seller's written request copies of all materials received from Seller and any non privileged plans, studies, reports, inspections, appraisals, surveys, drawings, permits, application or other development work product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated. 25. CONFIDENTIALITY. Until and unless closing has been consummated, Buyer and Seller shall follow reasonable measures to prevent unnecessary disclosure of information obtained in connection with the negotiation and performance of this Agreement. Neither party shall use or knowingly permit the use of any such information in any manner detrimental to the other party. GVA Kidder Mathews Worldwide Rea! Estate Solutions INITIALS Buyer Date Buyer Date GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS /crlega1/5800 South 152' St PS_ 1A 1008 Seller Date Seller Date Copyright 1999 2005 Commercial Brokers Association All Rights Reserved CBA Form PS 1A Purchase Sale Agreement Rev 7/07 Page 10 of 13 26. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the Property on the terms and conditions herein, and further agrees to pay a commission in a total amount computed in accordance with the listing or commission agreement. If there is no written listing or commission agreement, Seller agrees to pay a commission of 6% of the sales price or The commission shall be apportioned between Listing Agent and Selling Licensee as specified in the listing or any co- brokerage agreement. If there is no listing or written co- brokerage agreement, then Listing Agent shall pay to Selling Licensee a commission of of the sales price or Seller assigns to Listing Agent and Selling Licensee a portion of the sales proceeds equal to the commission. If the earnest money is retained as liquidated damages, any costs advanced or committed by Listing Agent or Selling Licensee for Buyer or Seller shall be reimbursed or paid therefrom, and the balance shall be paid one -half to Seller and one -half to Listing Agent and Selling Licensee according to the listing agreement and any co- brokerage agreement. In any action by Listing Agent or Selling Licensee to enforce this Section, the prevailing party is entitled to reasonable attorneys' fees and expenses. Neither Listing Agent nor Selling Licensee are receiving compensation from more than one party to this transaction unless disclosed on an attached addendum, in which case Buyer and Seller consent to such compensation. The Property described in attached Exhibit A, is commercial real estate. Notwithstanding Section 25 above, the pages containing this Section, the parties' signatures and an attachment describing the Property may be recorded. 27. LISTING AGENT AND SELLING LICENSEE DISCLOSURE. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER, THE SELLING LICENSEE, LISTING AGENT, AND BROKERS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL STRENGTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS, OR OTHER MATTERS RELATING TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PROPERTY'S ZONING, BOUNDARIES, AREA, COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS. SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT GVA Kidder Mathews Worldwide Real Estate Solutions GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS /crnegal/5800 South 152' St PS t A 1008 28. IDENTIFICATION OF THE PARTIES. The following is the contact information for the parties involved in this Agreement: Buyer Seller Contact: Bruce Fletcher Contact: Address: Address: Business Phone: 206.767.2343 Business Phone: Mobile Phone: Mobile Phone: Fax: Fax: Email: Email: Selling Licensee Listing Agent Copyright 1989 2005 Commercial Brokers Association All Rights Reserved CBA Form PS to Purchase Sale Agreement Rev. 7/07 Page 11 of 13 Name: Name: Ted Sioila, CCIM and Evan Parker Address: Address: 1201 Pacific Avenue. Suite 1400 Business Phone: Business Phone: 253.722.1422 or 360.705.0174 Mobile Phone: Mobile Phone: Email: Email: tsioila@avakm.com or eoarker@avakm Fax: Fax: 253.722.1409 MLS Office No.: MLS Office No.: Courtesy Copy of Notices to Buyer to: Courtesy Copy of Notices to Seller to: Name: Name: Address: Address: Business Phone: Business Phone: Fax: Fax: Mobile Phone: Mobile Phone: Email: Email: INITIALS Buyer Date Seiler Date Buyer Date Seller_ Date w-,:riawle.f. R0,1 E zte s,itsllara Buyer Signature and title Signature and title GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS/criegat/5800 South 152' St PS_IA 1008 IN WITNESS WHEREOF, the parties have signed this Agreement intending to be bound. INITIALS: Buyer Date Seller Date Seller O Copyright 1999 2005 Commercial Brokers Association All Rights Reserved CBA Form PS_1A Purchase Sale Agreement Rev. 7/07 Page 12 of 13 Buyer Citv of Tukwila Buyer Printed name and type of entity Printed name and type of entity Buyer Buyer Date signed Date signed Seller Boys and Girls Clubs of Thurston County Seller Printed name and type of entity Seller Seller Date signed Date signed Signature and title Printed name and type of entity Signature and title Date Date GVA Kidder Mathews Worldwide Real Estate Solutions INITIALS' Buyer Date GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 COMMERCIAL INVESTMENT REAL ESTATE PURCHASE SALE AGREEMENT (CONTINUED) TS /crfiega1/5800 South 152' St PS 1A 1008 EXHIBIT A [Legal Description] Buyer Date Seller Seller_ Date Copyright 1999 2005 Commercial Brokers Association All Rights Reserved CBA Form PS_1A Purchase Sale Agreement Rev. 7/07 Page 13 of 13 Date GVA. Kidder Mathews INITIALS: Buyer Buyer Worldwide Real Estate Solutions AGENT (COMPANY):__ By: Date Date GVA Kidder Mathews 1201 Pacific Avenue, Suite 1400 Tacoma, WA Phone: (253) 383 -5693 Fax: (253) 572 -2648 ADDENDUM /AMENDMENT TO PURCHASE AND SALE AGREEMENT CBA Text Disclaimer. Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. TS /cr/1ga1 /5800 SouLh 152 St PSA 1008 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. Seller Seller O Copyright 1999 2095 Commercial Brokers Association All Rights Reserved CBA Form PSA NWMLS Form No. 34 Addendum/Amendment to P S Rev 12/99 Page 1 of 1 The following is part of the Purchase and Sale Agreement dated October 7. 2008, Between Boys and Girls Clubs of Thurston County "Seller") And City of Tukwila "Buyer regarding the sale of the Property known as: 5800 South 152 Street. Tukwila, WA IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 1. This sale is subiect to City of Tukwila Council approval within thirty (30) days of mutual acceptance. Date Date 034( Parcel Number Building Id Parcel Tvpe Owner/Taxpayer CoOwner Site Address Afail Address Telephone Taxable Land Taxable Structure Taxable Total Appraised Land Appraised Structure Appraised Total Recording Date 12/28/2007 auditors Fee 1146 Sale Price Deed Tvpe Warranty Owned 100 Census 11fap Grid Neighborhood Cd Zoning Code Land Use Legal Sub %Plat Recording Muni Short Plat Building Nance L olume Jurisdiction METROSCAN PROPERTY PROFILE= King (WA) OWNERSHIP INFORMATION 1 115720 0387 08 O NW Platted Boys /Girls Clubs Of Thurston Co 5800 S 152nd St Tukwila 3003 Sunset Way SE Tumwater Wa 98501 Owner $304,000 $34,000 $304,000 $304,000 SALES AND LOAN INFORMATION 1 1 ASSESSMENT AND TAX INFORMATION PROPERTY DESCRIPTION Improved 2008 Taxes Exempt Code Excise Tax Leiry Code Tract: Block: 655 F3 070030 :MDR 301 Vacant,Multi- family LOT 38 BROOKVALE GARDEN TRS LOT 4 LESS ST OF TUKWILA SHORT PLAT N 83 -17 SS RECORDING NO 8312210348 Brookvale Garden Trs :8312210348 8317ss Vacant Land 10 Page 47 TUKWILA S 23 T 23N R 04E Loan Amount Lender Loan Tvpe Interest Rate I esting Type Corporation Information compiled from various sources. Real Estate Solutions stakes no representations or warranties as to the accuracy or completeness ofinforrnation contained in this report. $3.580 66 :2326741 2380 Profile -Page 1 of E4 �iD INFORALI TION METROSCAN PROPERTY PROFILE= King (WA) Parcel Y 115720 0357 Bldg Id :4 I PROPERTY CHARACTERISTICS Bedrooms 1st Floor SF Year Built Bath Full 2nd Floor SF Efj Year Bath 3-4 3+ Floor SqFt GarageTlpe Bath 1 Half Floor SF Bsrnn 1 Type Fireplace AboveGroundSF B.rntntGrade Deck Finished SqFt Bldg Matt Porch Fin Bsmnt SF Bldg Cond Stories UnfinBsntnt SF Bldg Grade Units BsinntTotal SF %Brick/Slone: Elevator Bsmnt Park SF HeatSource Mobile Home' No Building SqFt Heat Type Nuisance Deck SqFt Sewer Type Public Easements AttachedGrgSF WW`tr Source Water District Design Type V7EW INFORM4 TION STREET INFORA24 TIDN Lot Acres 1.74 View Yes St Surface ,Lot SqFt 76,002 View Seattle Skyline St A ccess Public Lot Shape Restricted View Lake;River Tdeitlpind View Lake Sammamish TopoProbs Yes View Mountain l tr Front View Puget Sound Sprinkler View 11.It. Rainier TVtrFrntSF View Olympics GroundCvr View Cascades Average Ga f -tdj No View Territorial Average View Lake Washington View Other COMMERCIAL BUILDING SECTION FEATURES USE-DESCRIPTION STORIES STORY HT GROSS SO PT NET SO FT Information compiled front various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. Profile -Page 2 of 2 When recorded return to: BOYS AND GIRLS CLUB OF THURSTON ATTN: JOSEPH INGOGLIA 3003 SUNSET WAY SE TUMWATER, WA 98501 Escrow No.:M3022 See Exhibit A attached hereto and made a part hereof. Dated 20TH day of D ember, 2007, ,,L GRAYDON SMITH MARLYS M. S%1 H STATE Or WASHINGTON COUNTY OF THURSTON Dated: Dec KARI E. HAVES NOTARY PUBLIC STATE OF WASHINGTON C060,11SSEON EXPIRES J111 29, 2011 Vision Form SDDOI WA Rev. 2/8/2006 ss IA PACIFIC NU TIT U0 41.00 FAGE001 OF 002 KING COUNTY, UA 20 E2326741 12/28/2007 12:00 KI COUNTY, UA SALE 5$0.00 Statutory Warranty Deed LQ Q13215 ®/4 PAGE001 OF 001 THE GRANTOR GRAYDON SMITH and MARLYS M. SMITH. husband and wife for and in consideration of GIFT, conveys and warrants to BOYS AND GIRLS CLUBS OF THURSTON COUNTY, a Washington nonprofit corporation the following described real estate, situated in the County of RING, State of Washington SUBJECT TO covenants, conditions, restrictions, reservations, easements and agreements of record, if any Tax Parcel Number(s): 115720- 0387 -08 Abbreviated Legal: Poi Tract 38, Brookvale Garden Tracts Ptn 23 -23-4E I certify that I know or have satisfactory evidence that GRAYDON SMITH and MARLYS M. SMITH are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. l iu6d E. HAYES Notary Public in and forcle State of Washington Residing at TENINO My appointment expires: June 29, 2011 I.PB -10 -05 (i Page 1 of 2 20071228001146.001 Exhibit A Tract 38, Brookvale Garden Tracts, according to the plat thereof recorded in Volume 10 of Plats, page 47, in King County, Washington; Except the west 40355 feet thereof; AND That portion of Section 23, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows_ Beginning at the southeast corner of Tract 38; Thence east to the west Iine of Interurban Addition to Seattle, according to the plat thereof recorded in Volume 10 of Plats, page 55, in King County, Washington; Thence northerly along said west line to the easterly projection of the north line of Tract 38; Thence west to the northeast corner of said Tract 38; Thence south along the east line of said Tract 38 to the point of beginning; TOGETHER WITH that portion of vacated South 152nd Street which, upon vacation, attached to said premises by operation of law; EXCEPT that portion thereof deeded to the city of Tukwila under Recording Numbers 7512100369 and 8603240746; (ALSO KNOWN AS Lot 4, City of Tukwila Short Plat Number 83 -17 -SS recorded under King County Recording Number 8312210348. (BEING KNOWN AS Lot 2 of City of Tukwila Boundary Line Adjustment Number 86- 21 -BLA filed under King County Recording Number 8606030348). L:v0 ri 4[buu1 1 46.002 5800 SOUTH 152ND STREET AERIAL PHOTO MAP Open Space Acquisition property the hrs Reserved. The information be apr contained her�ei in cent se krJ Digital Map products. Copyright r supplied All Rig not be appr�ed except contributor supplied under license and may Community Affairs Parks Committee Minutes October 27. 2008 Paae 2 C. Acauisition of Open Space at 5800 South 152n Street Staff is seeking full Council approval of a purchase and sale agreement in the amount of $150,000 for 1.74 acres of land located at 5800 South 152n Street (adjoins Tukwila Elementary School property). Staff was originally contacted by a real estate professional to evaluate the City's interest in purchasing the property. The property's sale price is $799,000, and the assessed value is $304,000. Bruce Fletcher communicated to the agent that the City would not be able to afford the sale price or assessed values for the property. After some discussion, the agent agreed to sell the land to the City for $150,000, which is the amount of available funding in the current Capital Improvement Program for parks and trails. Acquisition of this open space is justified through the current Parks and Recreation Open Space Plan which identifies a deficit in open space by the year 2022. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 10 COW FOR DISCUSSION. D. Levels of Service Standards for Parks. Recreation Open Space Plan As per the Council minutes of the October 20, 2008, this item is returning to the Community Affairs and Parks Committee for review of the Parks and Recreation capital facilities project list related to future growth. This list will be included in an ordinance which amends the Parks Recreation Open Space Plan to establish levels -of- service standards and identify capital facilities needed to maintain those levels -of- service. Staff briefly explained how the estimated project costs were derived for each project, and how those .costs were based on a square acre costing approximately $800,000 for land acquisition. Staff will put the best practice formula utilized for the estimated calculation in writing. When looking at this list of capital facilities related to maintaining levels -of- service, it is important to remember several things: These projects would be built as a response to increased growth/population. Projects must be listed in the Plan if they are to be built as a result of impact fees or will be built over the next six years. The list includes projects totaling over $48 million. The projects are not anticipated to be built at one time. The projects cover a 20 -25 year period based on future growth. The list will be narrowed down by the time information needs to be incorporated into the CIP and/or such a time the impact fees are considered. The Open Space Plan, including levels -of- service and capital facilities list, is a planning document, not a directive or mandate for the beginning or completion of these projects. Most of the projects have resulted from recommendations contained in the completed Parks and Recreation Open Space Plan (adopted by Council on June 23, 2008). After discussion, the Committee was in favor of sending the ordinance back to a COW for further discussion. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 10 COW FOR DISCUSSION. M. MISCELLANEOUS Meeting adjourned at 6:12 p.m. Next meeting: Monday, November 10, 2008 5:00 p.m. Conference Room #3 Committee Chair Approval M utes by KAM. Reviewed by BF and LV. CAS NUMBER 08-141 AGENDA November 10, 2008 AGENDA ITEM Trin.l: Contract Execution: Tukwila Pond Park Design Services. C.1"1.1 ?(rORY Discuss of Motion Resolution Ordinance 1 Bid Award Public Heanng Other 11 Its Date bltg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date I SP )NSOR Council Mayor Adm Svcs DCD Finance Fzre L.egal P&R Police PW" SPONSOR'S The Parks and Recreation Department has been working with Robert W. Droll Landscape SUMMARY Architect with the project titled Tukwila Pond Park Development Design since May of 2007. The original contract expired in August of 2008 before a contract extension was issued therefore a new contract has been drafted that includes the balance of $34,100.54 from the original contract. RE\ I WED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte LI Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: October 27, 20 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize the Mayor Execute the Tukwila Pond Park Design Contract COMMITTEE Unaminous approval; Forward to Committee of the Wholer COST IMPACT FUND SOURCE EXPI?N D ITURI REQUIRED AMOUNT B UDGETED APPROPRIATION REQUIRED $34,100.54 $34,100.54 Fund Source: 301.00.594.760.41.52, PAGE 13 IN 2008 CIP Continents: MTG. DATE 1 1 MTG. DATE COUNCIL AGENDA SYNOPSIS Initzals Meeting Date Prepared by Mayor's review I Council review 11/10/08 BF 1 t4.Q.■ ICEu�— 1 1 1 1 1 ITEM INFORMATION RECORD OF COUNCIL ACTION ATTACHMENTS 11/10/08 1 October 22, 2008 Memorandum Authorize Consultant Contract Contract Documents October 27, 2008 CAP Minutes I1 TO: FROM: CC: DATE: SUBJECT: Attachments: Consultant Agreement, Scope of Work MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee Bruce Fletcher, Director, Parks and Recreation Rhonda Berry, City Administrator October 22, 2008 Tukwila Pond Park Design Robert Droll Contract Parks and Recreation Department Bruce Fletcher, Director The Parks and Recreation Department has been working with Robert W. Droll Landscape Architect with the project titled Tukwila Pond Park Development Design since May of 2007. The original contract expired in August of 2008 before a contract extension was issued therefore a new contract has been drafted that includes the balance of $34.100.54 from the original contract. It is the request of the Parks and Recreation Department to authorize the Mayor to execute a contract with Robert W. Droll, Landscape Architect, P.S. in the amount of $34.100.54 CONSULTANT AGREEMENT FOR DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and ROBERT W. DROLL, LANDSCAPE ARCHITECT. P.S., hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perfoini LANDSCAPE ARCHITECTURAL services in connection with the project titled TUKWILA POND PARK DEVELOPMENT DESIGN. 2. Scope of Services. The Consultant agrees to perform the services, identified on Attachment "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of 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 within 365 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Attachment "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $34,100.54 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work perfoiuied, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors, without further permission from, or compensation to the City. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perfouriance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold haurless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) Tukwila Pond Park Development Design Robert W Droll, Landscape Architect, P.S. Landscape Architecture Services Page 2 of 5 days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non- Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. In the case of early termination, the Consultant shall be entitled to compensation for all work performed up to the termination effective date, and the City shall promptly process payment within its next normal accounts payable processing cycle. Tukwila Pond Park Development Design Robert W Droll, Landscape Architect, P.S. Landscape Architecture Services Page 3 of 5 Attachments: B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the tennis of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Robert W. Droll 4405 7` Ave. SE, Suite 203 Lacey, WA 98503 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. A. Proposal for Landscape Architectural Services dated March 16, 2007 B. Project Scope of Work/Fee Schedule dated March 16, 2007 Tukwila Pond Park Development Design Robert W. Droll, Landscape Architect, P.S. Landscape Architecture Services Page 4 of 5 DATED this day of 20 CITY OF TUKWILA CONSULTANT By: Jim Haggerton, Mayor Attest/Authenticated: Christy O'Flaherty, City Clerk Office of the City Attorney Tukwila Pond Park Development Design Robert W. Droll, Landscape Architect, P.S. Landscape Architecture Services Printed Name: Title: Approved as to Foiln: Page 5 of 5 Attachment A Tukwila Pond Trail Tukwila Parks Recreation Scope of Services Basis of Proposal This Scope of Services and Fee Proposal are based upon discussions and information provided by the Tukwila Parks and Recreation Department, site visits and documentation review. Phase 1 I Task 1 Schematic Design -35% Submittal Task 1.01 Site Visit RWD will visit site with Client, wetland biologists and survey crew. Task 1.05 PreSubmission Conference w/ Tukwila RWD will prepare PreSubmission Conference application and attend PreSub Conference. 4/24/2007 Scope of Work This assignment includes the Schematic and Final Design services work to be performed by Robert W. Droll, Landscape Architect, PS and Project Team (hereinafter collectively, RWD) for the City of Tukwila, Washington on Tukwila Pond Trail Boardwalk. RWD will serve as consultant to Tukwila in the capacity of Park Planner/Landscape Architect and will prepare Bid Documents. The goal of the project is to implement a new Loop Trail and Boardwalk around Tukwila Pond. Scope of Services RWD proposes the following Scope of Services to accomplish the work necessary for the preparation of Tukwila Pond Trail Boardwalk (hereinafter the "Trail Task 1.02 Wetland Delineation Conduct wetland delineation, category rating and report in compliance with City of Tukwila Critical Areas Ordinance. Task 1.03 Boundary and Design Survey Conduct topographical fieldwork necessary to generate mapping of one foot contours, spot elevations, trees, six inches and larger, and other planimetric features. Survey will include bathymetric survey of pond from shoreline to fifty feet into pond. Show Boundary Survey as provided by Tukwila. Prepare mapping in ACAD format. Task 1.04 Concept Plan Cost Estimate RWD will prepare Concept Plan illustrating type, size and location of main loop trail and boardwalk and spur connections. RWD will provide Estimate of Probable Cost based upon measured quantities. Robert W Droll, Landscape Architect, PS, 4405 7' Avenue, Lacey, WA, SE, 98503, 360.456.3813, bob @rwdroll.com Attachment A Tukwila Pond Trail Tukwila Parks Recreation 1 Task 2 Permit Processing Tasks 2.01 Layout and Grading Plan Layout and Grading Plan will be prepared by RWD defining horizontal and vertical relationships of proposed Trail and Site improvements. Horizontal definition of proposed improvements will be achieved by dimensioning from coordinates derived from Design Survey. Grading will be defined by contours and spot elevations that will be relative to vertical datum. Task 2.02 Boardwalk Plan Details Boardwalk Plan will define the horizontal and vertical alignment of Boardwalk, which anticipated to be located over the water in locations where there is insufficient public property to locate the trail in an upland area. RWD will provide all details and calculations to comply local codes, ADA regulations and International Building Code. Task 2.03 SEPA JARPA Permitting, Biological Assessment RWD will prepare SEPA and Site Plan Approval and JARPA applications and respond to inquiries and follow up on permits. RWD will prepare Biological Assessment, Task 2.04 Illustrative Plan Prepare one each color illustrative site plan, floor plan and two elevations for Client's use in public meetings. Color will be applied to In- Process drawings (3 sheets maximum): no separate drawings /sketches will be prepared specifically for Illustrative drawings. Task 2.05 Public Presentation of Tukwila Pond Trail RWD will prepare for and attend a public presentation of project. Task 3 Project Management Task 3.01 Project Management Manage the contractual elements, scheduling, billing and timing of project. Manage the coordination of consultants and the execution of the Project Schedule. Communicate and coordinate with Client. Phase 2 Task -5 Design Development -60'%f Submittal Task 4.01 Tilde Sheet Prepare Title Sheet with Location/Vicinity Map General Notes. Legend. Abbreviations list of City Council Members and Parks Department Staff. Task 4.02 Demolition and Temporary Erosion Sedimentation C'ontrot Plan 1.2 \''D will prepare plan indicating the existing site features that shall be demolished, abandoned, salvaged and retained as well as the location of erosion control measures. 4/24/2007 Tasks 4.03 Layout and Grading Plan Layout and Grading Plan %vill be prepared by 12WD defining horizontal and vertical relationships of proposed Trail and Site improvements. horizontal definition of proposed improvements will be achieved by dimensioning from coordinates derived from Design Survey. Grading will be defined by contours and spot elevations that will be relative to vertical datum. Robert W. Droll, Landscape Architect, PS, 4405 7 Avenue, Lacey, WA, SE, 98503, 360.456.3813, bob @nvdroll.com 2 1 Attachment A Tukwila Pond Trail Tukwila Parks Recreation 4/24/2007 Task 4.04 Boardwalk Plan Details Boardwalk Plan will define the horizontal and vertical alignment of Boardwalk, which anticipated to be located over the water in locations wihere there is insufficient public property to locate the trail in an upland area. RWD will provide all details and calculations to comply local codes, ADA regulations and International Building Code. Task 4.05 Site Details Prepare details for project site improvements. Tasks 4.06 Estimate of Probable Costs RWD will provide Estimate of Probable Cost based upon measured quantities. RWD will organize Estimate by Trail Segment to allow Client to render Phasing decisions if necessary. Estimate will include all Project Development Costs including consultant costs,.construction administration, mobilization. bonds, contingehcies, taxes. projected construction year cost escalation (if necessary'). taxes and all identified costs associated with this project's development. Task 4.07 Review with Staff Review Plans with Staff. 1 Task 5 Final Design 90% Submittal Tasks 5.01 -5.06 are the same Tasks as 4.01 -4.06 except Work will be at a 90% completion level. Task 5.07 Specifications Prepare Technical Specifications, Sections 1 -16, in Construction Specification Institute (CS I) format. Task 5.08 Review with Staff Review Plans with Staff Task 5.09 Building Permit Application Processing RWD will submit and process Building Permit applications. Task 5.10 Quality Review RWD will retain a Construction Manager to review a set of hid documents. 1 Task 6 Contract Documents 100% Submittal Tasks 6.01 -6.07 are the same Tasks as 5.01 -5.07 except Work will be at a 100% Completion level and ready for Advertising and Bidding. Task 6.08 Assemble Deliver Contract Documents RWD will assemble Technical Specifications and Plans in .pdf format and Ibrward to Client. Robert W. Droll, Landscape Architect, PS, 4405 7 Avenue, Lacey, WA, SE, 98503, 360A56.3813, bob rwdroll.com 3 Attachment A Tukwila Pond Trail Tukwila Parks Recreation Task 7 Project Management Task 5.01 Project Management Manage the contractual elements. scheduling, billing and timing of project. Manage the coordination of consultants and the execution ofthe Project Schedule. Communicate and coordinate with Client. I Task 8 Bidding Negotiations, Award Task 10.01 Pre -Bid Conference RWD will attend Prc -Bid Conference and prepare Addenda, ifnecessar∎•_. Task 9 Construction Administration The following Tasks will he negotiated at the time of Bidding, if requested by Client Task 9.01 Task 9.02 Task 9.03 Pre Construction Conference Submittal Review Construction Observation 4/24/2007 Additional Services, Excluded Services Specific items that are not within the scope of work/services include, but are not limited to, the following: Traffic studies Stormwater Drainage studies /design Demand analysis /economic modeling Legal Descriptions of easements, Rights -of -Ways, etc. Hydrology/Water Quality Studies, Environmental Studies Geotechnical Investigation, Recommendations, and Material Testing. Construction Staking Mitigation Design Permit Fees Wildlife and Archaeological investigations Web -site preparation and hosting, visual impact analysis, photo simulations, perspective character sketches O Tree valuation, noise studies, air quality studies O Boundary Survey O Public Presentations, Neighborhood meetings, Hearing Examiner meetings, etc. other than in those identified in scope. Professional Fee Professional Fees to accomplish the Scope of Services as shown in Attachment B. RWD will perform the Scope of Services on a Time Materials, Not -to- Exceed Basis. Direct Expenses are reimbursable. Client's Responsibilities Client shall provide the following information or services as required for performance of the work. RWD assumes no responsibility for the accuracy of such information or services and shall not be liable for errors and omissions therein. Should RWD be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. Robert W. Droll, Landscape Architect, PS, 4405 7 Avenue, Lacey, WA, SE, 98503, 360.456.3813, bob@rwdroll.com 4 Attachment A Tukwila Pond Trail Tukwila Parks Recreation Provide Title Report Provide space for Public Meeting Provide Division 00 and City Bidding information Advertise for Bid, Award, Bid Tabulation, etc. Existing as -built site engineering and utility base information. Provide aerial photos. 4/24/2007 Robert W. Droll, Landscape Architect, PS, 4405 7 Avenue, Lacey, WA, SE, 98503, 360.456.3813, bob@rwdroll.com 5 TUKWILA POND INTERPRETIVE TRAIL PROJECT SCOPE OF WORK FEE ATTACHMENT B PHASE 2 NOT IN THIS SCOPE OF WORK TUKWILA POND INTERPRETIVE TRAIL PROJECT SCOPE OF WORK FEE `e2 PTV i /0 8 198 COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes October 27, 2008, 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De' Sean Quinn Staff: Bruec Fletcher, Lisa Verner, Jack Pace, Brandon Miles, Rhonda Berry and Kimberly Matej Guests: Brooke Alford (Parks Commissioner), Jeff Aken (Cascade Land Conservancy), Chuck Parrish (resident) and Mark Hancock (Segale Properties) CALL TO ORDER: Chair Hernandez called the meeting to order at 5:04 p.m. I. PRESENTATIONS No presentations. City of Tukwila Community Affairs and Parks Committee H. BUSINESS AGENDA A. Cascade Agenda Cities Program Staff is seeking full Council approval of a resolution which establishes the City as a member of the Cascade Agenda Cities Program. Brooke Alford, Parks Commissioner, introduced Jeff Aken from Cascade Land Conservancy (CLC) and briefed the Committee on The Cascade Agenda. Jeff spoke further to the Agenda and how it reaches out to communities within the region as well as to different stakeholders. The Cascade Agenda Cities Program began last year and is an extension of the Agenda. It acknowledges that we are all planning under the Growth Management Act and also incorporates the greater Agenda vision which looks out over 100 years. The Cities Program encourages partnering with cities to talk about creating livable cities through smart choices about future growth. Additionally, the Program assists cities in connecting planning policies to things the community cares about (traffic, housing, walk ability, etc.). The Program focuses on working towards creating communities that are: complete, compact and connected. Jeff described the two types of levels in the Cities Program: the Membership level and the Leadership level. The Membership level results in no cost to the city and requires a council resolution supporting membership. The Leadership Cities requires a council resolution, costs $5,000 annually and Cascade Land Conservancy establishes a closer partnership with the member city on a policy level often resulting in specific planning objectives between CLC and the city. Committee members were interested in the Program and have requested staff return to Committee at a later date with a draft resolution and recommendation regarding which level the City should pursue. STAFF WILL RETURN TO COMMITTEE AT A LATER DATE WITH A RECOMMENDATION AND RESOLUTION. B. Tukwila Pond Park Development Contract with Robert W. Droll, Landscape Architect Staff is seeking Council approval of a consultant agreement with Robert W. Droll Landscape Architect in the amount of $34,100.54 for Tukwila Pond Park Development Design. The most recent contract with Robert W. Droll expired in August 2008, with a remaining balance on the agreement. Since the agreement was not extended prior to its expiration, staff must draw up a new agreement for the unspent/available funds remaining from the original agreement ($34,100.54). The new agreement will be valid for one year. According to the agreement, Robert W. Droll will continue to serve as consultant to the City in the capacity of park planner /landscape architect as well as preparation of bid documents. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 10 COW FOR DISCUSSION. Fund Source: Comments: ExPI {NDr1'URE REQUIRED COUNCIL AGENDA SYNOPSIS tlfeetw Date Prepared by 08/25/08 LV 10/20/08 LV 11/10/08 LV Itzzttals RIwINWEI) By COW Mtg. CA &P Cmte n F &S Cmte litihties Cmte Arts Comm. Parks Comm. 1 1 Planning Comm. DA 1E: 08/11/08 RECOMMENDATIONS: SPONSOR /ADMIN. Consideration of proposed ordinance COMIMI1TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED MTG. DATE I RECORD OF COUNCIL ACTION 08/25/08 I Forward to next Regular Meeting 10/20/08 Refer back to Community Affairs and Parks Committee 'TEAT No. Mayor's review I Council review ITEM- INFORMATION CAS NUMBER: 08-142 ORIGINAL AGENDA DATE. AUGUST 25, 2008 AGI :NDA ITEM TITLE An Ordinance establishing level of service standards for parks and open space 5 c C- "17'.Gt )R1' Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Aitg Date 08/25/08 Alltg Date Mtg Date Mtg Date 09/02/08 Mtg Date Mtg Date 08/25/08 Mtg Date 1 SPt )NSt )R Council Mayor Adm Svcs DCD Finance n Fire n Legal P&R Police PIV SPONSOR'S An Ordinance establishing level of service standards for parks and open space and SUMIM. \R1' amending Ordinance 2207, that adopted the Parks, Recreation and Open Space Plan to include the levels of service (LOS) standards. Transportation Cmte APPROPRIATION REQUIRED MTG. DATE ATTACHMENTS 08/25/08 Informational memorandum dated 8/14/08 (revised after CAP), includes LOS standards Ordinance in draft form Ordinance #2207, adopting a new Parks, Recreation and Open Space Plan Minutes from the Community Affairs and Parks Committee meeting of 8/11/08 (Please bring your copy of the Parks, Recreation Open Space Plan distributed in June) 10/20/08 Info. memo 10/20/08 (please bring your copy of the Parks, Rec. Open Space Plan) 11/10/08 Informational memorandum dated 11/10/08 (revised after 10/27/08 CAP) Ordinance in draft form Minutes from the Community Affairs and Parks Committee meeting of 10/27/08 TO: Committee of the Whole CC: Mayor Haggerton Rhonda Berry INFORMATION MEMORANDUM FROM: Lisa Verner, Mayor's Office Rick Still, Deputy Parks Director DATE: November 10, 2008 RE: PARKS LEVEL OF SERVICE ORDINANCE Refinement of List of Parks Capital Projects (attached) The Community Affairs and Parks (CAP) Committee reviewed this issue at its August 11, 2008 meeting and forwarded it to the August 25, 2008 Committee of the Whole meeting (C O.W.), with a recommendation for adoption. At the August 25, 2008 C.O.W. a public hearing was held, and the issue was discussed and forwarded on to the September 2 Regular Meeting for adoption. The draft ordinance was pulled from the September 2, 2008 agenda in order to add the list of capital facilities anticipated due to future growth. At the Council's Regular Meeting on October 20, 2008, Council passed the draft ordinance back to the Community Affairs and Parks Committee for review of the list of capital facilities projects which was added to the draft ordinance. At the October 27, 2008 CAP meeting, the Committee reviewed the proposed list of $48 Million in Parks Capital Projects and questioned staff on the timing, need, and cost of the projects. Staff indicated the $48 Million list would be the basis for the list of projects proposed for funding through Parks impact fees and would be pared down considerably. Staff has reviewed the list several times, removed several projects, added one project (TOD (Transit Oriented Development) Pedestrian Bridge across Green River), reduced the total cost to approximately $38 Million and divided the projects into two sets: 1) List A (those that would be proposed for impact fee funding (1 6 -year CIP)) and 2) List B (those that would be added to the CIP list later (over the next 10 years)). The new list is clearer and shorter; it addresses the issues raised by CAP members. It is attached to the ordinance in the agenda packet. At its November 10, 2008 meeting, CAP will review and forward this revised $38 Million list to COW for discussion with the Parks LOS ordinance. RECOMMENDATION Adopt Ordinance establishing level of service (LOS) standards for parks and open space, identifying the capital facilities needed to maintain the LOS standards for future growth and amending Ordinance 2207 adopting the Parks, Recreation and Open Space Plan to incorporate the LOS standards and list of capital facilities. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE CITY'S PARKS, RECREATION AND OPEN SPACE PLAN, ADOPTED BY ORDINANCE NO. 2207, TO ESTABLISH LEVEL OF- SERVICE (LOS) STANDARDS; IDENTIFYING CAPITAL FACIL11IBS NEEDED TO MAINTAIN LOS STANDARDS FOR FUTURE GROWTH; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EkbECTIVE DATE. WHEREAS, RCW 35A.63.062 sets forth a city's option to perform comprehensive parks and open space planning; and WHEREAS, on June 23, 2008, the City passed Ordinance No. 2207, adopting Tukwila's most recent Parks, Recreation and Open Space Plan; and WHEREAS, the City Council desires that the Parks, Recreation and Open Space Plan include standards for measurement of acceptable levels of parks services provided by the City; and WHEREAS, the City Council desires to identify capital facilities needed to maintain level of- service standards for future growth; and WHEREAS, on August 25, 2008, the City Council held a public hearing to present and receive public comment on the Parks and Recreation level -of- service standards; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Level of Service. The City's Parks, Recreation and Open Space Plan, adopted by Ordinance No. 2207, is hereby amended with the addition of level -of- service standards, to read as follows: Park/Facility Type Mini Park Neighborhood Park* Community Park Regional Park Open Space Neighborhood Connector Regional Trail Community Center LEVEL OF SERVICE (LOS) STANDARDS Service Current Area Inventory up to 1.2 mile acres 1 to 1 50.4 mile acres 1 -5 25.0 miles acres 5-20 132.0 miles acres 33.5 acres 1.9 miles 1L4 miles 1 center DRAFT Unit of Measurement 0.07 acres per 1,000 pop. 2.81 acres per 1,000 pop. 1.39 acres per 1,000 pop. 7.36 acres per 1,000 pop. 1.87 acres per 1,000 pop. 0.90 miles of trail per 1,000 pop. 0.64 miles of trail per 1,000 pop. 1 per 15,000 pop 2008 Population: 17,930 LOS I Surplus Demand I (Deficit) 1.20 0 1.65 50.40 I 0 69 48 24.97 1 0 34.43 131.99 0 181.97 33.50 0 46.18 16.11 (14.20) 22.21 11.40 0 15.72 1.20 (0.20) 1.65 22.3 acres of neighborhood parks are school district property developed as a park. The acreage above includes only parks in the City of Tukwila. Regional park needs can be met outside of the City boundaries. ***Includes neighborhood connectors listed in the Walk Roll Plan. C \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Parks Level of Serviee.doc LV:km 11/6/2003 2022 Population: 24,719 (estimated) LOS Surplus Demand (Deficit) (0.45) Page 1 of 2 (19.08) (9 46) (49.98) (12.68) 1 (20.30) (4.32) (0.65) Section 2. Capital Facilities Identified. The City's Parks, Recreation and Open Space Plan, adopted by Ordinance No. 2207, is hereby amended with the addition of a "Project List for Parks Capital Facilities Related to Future Growth," attached hereto as Exhibit A, and by this reference incorporated as if fully set forth herein. Sect-ion 3. 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 4. 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 2008. ATTEST /AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A Project List for Parks Capital Facilities Related to Future Growth C \Documents and Settings \All then \Desktop\ Kelly \MSDATA \Ordinances \Parka Level of Service.doc LV:ksn 11/6/2008 Page 2 of 2 Proposed Project List for Parks, Trails Public Places A. Project List CFP 2009 to 2015 Duwamish Riverbend Hill Trail Connections Tukwila Pond Southgate Park City of Tukwila Pool Boat Launch TOD Pedestrian Bridge East Hill Multi- Purpose Trails Tukwila South Trail Connections Open Space Riverfront Land Foster Golf Links Skateboard Facility Restroom Gymnasium Exhibit A Parks Capital Facilities Plan (CFP) Develop Phase II Green River Trail to Renton Black/Cedar River Development Phase II Expand and Develop [Extend land lease]; expand features and services Christianson, Codiga, Fort Dent, Log Cabin Sounder Connection B. Develop Project Plans Costs Add to Future CFP Subtotal A Acquire and Develop Park, Ryan Hill Area Green River to Sound Transit Station Acquire and Develop Park South of 180th along Green River; Bridge to Brisco Acquire land to conserve conservation areas Acquire land to conserve riverfront areas Expansion Driving Range Larger Permanent Place $1,000,000, 1/2 Growth Add Restrooms to Existing Parks Add to Existing or Build New Facility Subtotal B Total All Projects Project Cost 3,000,000 1,000,000 3,000,000 1,000,000 1,500,000 750,000 2,000,000 12,250,000 Project Cost 2,500,000 1,500,000 5,000,000 4,000,000 3,000,000 2,000,000 5,000,000 500,000 500,000 1,500,000 25,500,000 37,750,000 Community Affairs Parks Committee Minutes October 27, 2008 Page 2 C. Acquisition of Open Space at 5800 South 152n Street Staff is seeking full Council approval of a purchase and sale agreement in the amount of $150,000 for 1.74 acres of land located at 5800 South 152n Street (adjoins Tukwila Elementary School property). Staff was originally contacted by a real estate professional to evaluate the City's interest in purchasing the property. The property's sale price is $799,000, and the assessed value is $304,000. Bruce Fletcher communicated to the agent that the City would not be able to afford the sale price or assessed values for the property. After some discussion, the agent agreed to sell the land to the City for $150,000, which is the amount of available funding in the current Capital Improvement Program for parks and trails. Acquisition of this open space is justified through the current Parks and Recreation Open Space Plan which identifies a deficit in open space by the year 2022. UNANL IOUS APPROVAL. FORWARD TO NOVEMBER 10 COW FOR DISCUSSION. D. Levels of Service Standards for Parks. Recreation Open Space Plan As per the Council minutes of the October 20, 2008, this item is returning to the Community Affairs and Parks Committee for review of the Parks and Recreation capital facilities project list related to future growth. This list will be included in an ordinance which amends the Parks Recreation Open Space Plan to establish levels -of- service standards and identify capital facilities needed to maintain those levels -of- service. Staff briefly explained how the estimated project costs were derived for each project, and how those costs were based on a square acre costing approximately $800,000 for land acquisition. Staff will put the best practice formula utilized for the estimated calculation in writing. When looking at this list of capital facilities related to maintaining levels -of- service, it is important to remember several things: These projects would be built as a response to increased growth/population. Projects must be listed in the Plan if they are to be built as a result of impact fees or will be built over the next six years. The list includes projects totaling over $48 million. The projects are not anticipated to be built at one time. The projects cover a 20 -25 year period based on future growth. The list will be narrowed down by the time information needs to be incorporated into the CIF and/or such a time the impact fees are considered. The Open Space Plan, including levels -of- service and capital facilities list, is a planning document, not a directive or mandate for the beginning or completion of these projects. Most of the projects have resulted from recommendations contained in the completed Parks and Recreation Open Space Plan (adopted by Council on June 23, 2008). After discussion, the Committee was in favor of sending the ordinance back to a COW for further discussion. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 10 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 6:12 p.m. Next meeting: Monday, November 10, 2008 5:00 p.m. Conference Room #3 Committee Chair Approval M utes by KAM. Reviewed by BF and LV. Monday, koveniber T&COMMrrTfE OF THE WHOLE Meeting Street Fund 103 Arterial Street 104 Bridges Water Fund 401 Sewer Fund 402 Surface Water 412 Mayor's Office (and City Clerk) Legal Administrative Services Human Services Sister City Committee Planning Commission Equity Diversity Commission Arts Commission Parks Commission Library Advisory Board Human Services Agencies Hotel/Motel Fund 101 Facility Replacement Fund 302 General Gov't Improvements Fund 303 Monday, _Novembet 17 REdULAik Meeting Public Hearing Date To Be Determine Adoption of 2009-10 Budget ordinante and:CIP Financial Planning Model Resolution Council Review Schedule BUDGET PAGES 31-35, 47-50 144 66-68 59-62 36-37 38-39 40 41 42-43 44 45-46 190-191 145-146 158 159 CIP PAGES 1-5 28-67 76-103 XVII-XVIII 104-129 XIX-XX 130-153 70-75 68-69 3 KAM/H1Budget/2009-10/Council Schedule As of 11/4/2008 4:00:41 PM Upcoming Meetings Events NOVEMBER 2008 10th (Monday) llth (Tuesday) 12th (Wednesday) 13th (Thursday) 14th (Friday) 15th (Saturday) Community Transportation OPEN HOUSE Human Fall Recycling Affairs Veterans Day Cmte, Learn about antici ated Servic Learn Parks Cmte, City offices closed 5:00 PM p Advisory Collection Event 5: 00 PM traffic impacts rl) acts in Board, 9:00 AM to 3:00 PM (CR #3) i•. conjunction with RESCHEDULED proposed roadway 10:00 AM (Tukwila Village FROM NOV. 1 I TH improvements along (Human site at the corner of City Council T ukwila Int'l. Blvd. Services So. 144th St. and Committee of between So. 116th St office) 41st Ave. S. the Whole and So. 139th St. block west of Highway 99 Foster High Mtg., Public input and Action Cmte, School) 7:00 PM 7:00 PM questions are (Council (Community encouraged. es) Chambers) r' Center) �g r- RESCHEDULED S t FROM NOV. 11TH 44 ,1 1 Visit our website at .a.11-1 wtivw.ci.tukwila wa.us and click on "View all head 6:00 to 8:00 PM lines" for a Zink to Cascade View the flyer detailing Elementary School items that will and will NOT be accepted. Or call Planning 206- 431 -2445 for Commission, more information. 7:00 PM (Council Chambers) 17th (Monday) 18th (Tuesday) 19th (Wednesday) 20th (Thursday) 21st (Friday) 22nd (Saturday) Utilities Cmte, Finance Crime Hot Spots Domestic Violence 5:00 PM Safety Cmte, Task Force Mtg., Task Force, (CR 41) 5:00 PM 10:00 AM 12:00 NOON (CR #3) (CR 85) (CR 85) City Council Regular Mtg., Parks 7:00 PM Commission, Tukwila Historical (Council 5:30 PM Society, Chambers) (Community 7:00 PM Agenda Center) (George Long includes a facility) Public Hearing on the proposed biter 2009 -2010 Beard biennial budget CANCELLED (Board members will attend the King County Library System meeting on November 25) >City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 43. Agenda items for 11/10/08 meeting: (A) Increase fees for Building and Planning. (B) Ordinance establishing levels ofservice standards for parks and open space. Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room 85. Contact Phi Huynh at 206 433 7175 Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room 45. Contact Evie Boykan or Stacy Hansen at 206 433 7180. >Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf Room 83. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 433 1812. >Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 433 7180 >Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 Transportation Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 81. Agenda items for 11/12/08 meeting: (A) East Marginal Way Fiber Interconnect Project bid award (B) Sound Transit street vacation ordinance. (C) Summary of State Auditor performance audit report, "Use of Impact Fees in Federal Way, Olympia, Maple Valley, Redmond and Vancouver." (D) Walk and Roll plan adoption ordinance. Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 433 1860. Utilities Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 81. Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. November 3 10 17 24 nth Veterans Day Appointments: Special Presentation: (City offices closed) See agenda packet Planning Commission Election results cover sheet for this Public Hearines: update: 27th M.J. Durl:nn, Inc. week's agenda Proposed 2009 -2010 Thanksgiving Day (November 10, 2008 budget and (City offices closed) Committee of the Whole 2009 -2014 Capital 28 Day after Meeting) Improvement Thanksgiving Program (City offices closed) Ordinance increasing the regular property tax levy one percent from the previous year commencing January 1, 2009. Unfinished Business: Two tax levy ordinances: Levying the general taxes for the fiscal year, and increasing the regular property tax levy one percent from the previous year [commencing January 1, 2009, on all property, both real and personal] Water and sewer rates for 2009 Ordinance amending the Comp Plan map designation from LDR to MDR on approximately 1.4 acres Authorize Mayor to sign a purchase and sale agreement with Boys and Girls Clubs of Thurston County for acquisition of open space at 5800 So. 152nd St. Authorize Mayor to sign an agreement with Robert W. Droll Landscape Architects for Tukwila Pond Park development design in the amount of 5150,000.00 Ordinance establishing levels of service standards for parks and open space (and amending Ordinance No. 2207)