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HomeMy WebLinkAboutReg 2009-06-15 COMPLETE AGENDA PACKET *ILA pi, Tukwila City Council Agenda r° .REGULAR MEETING 2% J Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder 29035 Rhonda Berry, City Administrator Dennis Robertson Verna Griffin Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn Monday, June 15, 2009; 7:00 PM Ord #2241 Res #1683 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL Update on the Seattle Southside Business Attraction Program; PRESENTATIONS Allison Clark, Economic Development Specialist, Highline Community College. 3. CITIZEN At this time, you are invited to comment on items not incl uded on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item l fisted on this agenda, please save your comments until the issue is presented for discussion. 4. CONSENT a. Approval of Vouchers. AGENDA b. Accept turnover of infrastructure (public water main and fire hydrant)as part Pg.1 of the Tukwila 6, LLC 4 -Lot Short Plat at 14659 62nd Avenue South (value of transferred assets is $36,860.00). c. Accept as complete 2008 Small Drainage Program project with Washington Pg.7 Pipeline, LLC of Mercer Island; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $264,563.75). 5. BID AWARDS Award a contract to Green River Construction for the 2009 Small Drainage Pg.l3 Program in the amount of $571,186.50 (see 6/8/09 C.O. W.). 6. PUBLIC An ordinance annexing approximately 259 acres of real property known as the Pg.15 HEARINGS "Tukwila South Project property." Continued from 6/8/09 Committee of the Whole meeting. 7. UNFINISHED a. A resolution adopting a Six -Year Transportation Improvement Program for the Pg.61 BUSINESS period 2010 -2015. b. Approve a fireworks permit submitted by Tom Whitacre for a fireworks Pg.65 display at the Family Fourth at the Fort celebration on July 4, 2009 at the Starfire Sports Complex, 14600 Starfire Way (see 6/8/09 C.O. W.). c. Authorize the Mayor to sign Change Orders 2 and 3 to Contract #08 -093 for Pg.67 the Interurban Avenue South Waterline project with Gary Merlino Construction Company, Inc. in the amount of $30,714.00 (see 6/8/09 C.O. W.J. d. Authorize the Mayor to sign Supplement No. 7 to Contract #06 -049 for Pg.69 construction management services for the Interurban Avenue South Waterline project with Anchor QEA, LLC in the amount of $21,206.00 (see 6/8/09 CO. W.). Pg.71 e. Authorize the Mayor to sign Change Order 5 to Contract #08 -086 for Standby Power Upgrades Year One project with Ebenal General, Inc. in the amount of $50,565.03 (see 6/8/09 C.O. W.). Pg.73 f. Accept turnover of infrastructure (traffic signal, street improvements, water main, water meters, sanitarysewer)and dedication of right -of -way from WEA Southcenter LLC for Westfield Southcenter Mall (value of transferred assets is $365,039.98 for infrastructure and $846,240.00 for right -of -way) (see 6/8/09 C.O. W.). (Continued) Tukwila City Council Agenda Regular Meeting Monday, June 15, 2009, 7:00 PM Page 2 7. UNFINISHED g. King County Animal Control Options: Pg.75 BUSINESS 1. Authorize the Mayor to sign an Interlocal Agreement Amendment with (Continued) King County for enhanced animal control services in the amount of $60,000.00 per year (20 hours of additional services per week). OR 2. Authorize the Mayor to sign an Interlocal Agreement Amendment with King County for enhanced animal control services in the amount of $30,000.00 per year (10 hours of additional services per week). 3. Authorize the Mayor to sign an Interlocal Agreement with the City of SeaTac and King County for enhanced animal control services. h. An ordinance annexing approximately 259 acres of real proper_ ty known as the Pg.15 "Tukwila South Project property." i. An ordinance amending Ordinance No. 2111, as codified at TMC 9.48.140, Pg.89 regarding criteria for vesting to previous traffic impact fees. 8. NEW BUSINESS 9. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 10. MISCELLANEOUS 11. EXECUTIVE SESSION 12. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 -433- 1800 /TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us. and in alternate fog mats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL AGENDA SYNOPSIS r141 y.14 Initials ITEM No. 4 y i Date Prepared b 1 Mayor's review 1 Council review �tr I 06/15/09 1 3 /a_-J-� I 1 2 I I I 290E 1 I 1 ITEM INFORMATION CAS NUMBER: 09-085 'ORIGINAL AGENDA DATE: JUNE 15, 2009 AGENDA ITEM TITLE Turnover of Public Infrastructure from Tukwila 6, LLC at 14659 62 Ave S CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other ibltg Date Mtg Date 06/15/09 -Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adra Svcs DCD Finance Fire Legal P&R Police ®PIS/ SPONSOR'S Accept turnover of water main and fire hydrant as part of the development of the Tukwila SUMMARY 6, LLC 4 -lot short plat located at 14659 62 Ave S. The infrastructure is valued at $36,860.00 and includes 398 feet of 8 -inch ductile iron water main and one fire hydrant. Public Works staff inspected the facilities and all permits were signed off and are ready for turnover. Council is requested to accept turnover from Tukwila 6, LLC. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DALE: 06/01/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMIlTEE Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 1 06/15/09 MTG. DATE ATTACHMENTS 06/15/09 Informational Memorandum dated 05/27/09 Exhibit A Vicinity Map Exhibit B Water Main and Fire Hydrant Minutes from the Transportation Committee meeting of 06/01/09 'Jr 4sy City of Tukwila .91 Jim Haggerton, Mayor o .190= INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Public Works Director 7} DATE: May 27, 2009 SUBJECT: Tukwila 6, LLC 4 Lot Short Plat Site address 14659 62 Ave South Turnover of Water main and Fire Hydrant ISSUE Accept turnover of water main and one fire hydrant from Tukwila 6, LLC. BACKGROUND The Tukwila 6, LLC project is now complete. As a condition of the Public Works permit, Tukwila 6, LLC installed 398 feet of 8 -inch ductile iron water main and one fire hydrant. ANALYSIS The proposed public water main and fire hydrant were constructed to City standards and inspected by Public Works staff and are now ready for turnover. The value of the transferred improvements from Tukwila 6, LLC to the City is $36,860.00. RECOMMENDATION The Council is being asked to accept Conveyance of Public Improvements from Tukwila 6, LLC for consideration at the June 8, 2009 Committee of the Whole meeting and subsequent June 15, 2009 Regular Meeting. Attachments: Vicinity Map Exhibit 'A' Water Main and Fire Hydrant Depiction Map Exhibit 'B' *NOTE: All documents are available at Public Works. W:\PW Eng \OTHER \Dave McPherson \Tukwila 6 LLC Turnover \Info Memo Tukwila 6 LLC Turnover.doc EXHIBIT `A' TUKWILA 6, LLC 4 LOT SHORT PLAT 14659 62 Ave. South INFRASTRUCTURE TURNOVER WATERMAI• FIRE HYDRANT PW07 -072 L06 -057 VICINITY MAP SCALE: 1' MILE S 144111 ST co N N N •C 4 C .4 11 g I t I TA 1 S 147TH ST L SITE S 140TH /i s LE ST S 160TH S 160TH N L ilt W L S 151ST ST N 1\\ S15S T g 1 cn f S 151ST PL N ST J b s 16 N N I s8 it, 11111 BIND 4 011Prilb— souTHCENT EN- 11111311 93 6 .4 17:p w-a- s tt ;;M:‘ ..-,.1''.4 gi ,-„--J,,, S. s r,410 -44 *40 ,t ra mos ,,,,on C'St-W m‘.3 S'14'. ....,-2, '1 11: .06 1 1- ...$4*.'b'''''.4 44 4-'"ftei.4 1-4 tva .eir.. 7' 9-‘ 0. i W' g X Q06 WAA,.. i ;r. 1 77 3/4, 2 1 _:e., tt4 rrmivo.N 1 '11 1 ,1 ‘4 1 2-4 o w ...q...-....... 1 A ,00,..-.... ,...,,......Y.,, wag. .--Moimag WI 4 1 1.01 49.••••7 i /A ,Ir+ Cr 0 0.$ Illi WI (,rls 1 v. a t. 4 rpc. -.1111 1;17 ;:11 7 401 .;',Avir 4/ --,7-7-777 vi.). 1'1'1 it: x sttut 6 tof "V&A ..F._— 11,‘,11 riN .vs, ,s,n1 vi 4„ i ...,..z „„,5 ;T „2,.. 1 -4 1 4 a 1 41601 2 1 f V I I I o v. ....03,_ 1 7 ug 'Am.-=_--4 a co 1 wArc vt.Z1,:,..3 2 4 10 g t., li tm fzual ■0 I y 0 I r 51' log rir 0 t 2.021,,,um -,s4-■ 1 C ro: .Lt. .,.....,s, 1 ____...,,i,,,,\ q vir 1 t iiii s it 4 t ;i; =A sm ..C5 a sk 1 'a a re- rcv— it- In 1 1 1 E t'' 1\.. i 1 ,s.... r- T tivistrILX 6, rf 'KA LOT 4 1-0011- 62 A- e South- 1465 It toONTE TVI T INFV ASTRI3C I %FS IfsiT311° NVATVa R1VIAIN 84 7 _02 1 L0 6-05 1 VW I, T '1 City of Tukwila 4: ig Transportation Committee 40= TRANSPORTATION COVLYIITTEE Meeting Minutes June 1, 2009 5:00 p.m. Conference Room 1 PRESENT Councilmembers: De' Sean Quinn, Chair; Dennis Robertson and Verna Griffin Staff: Jim Morrow, Bob Giberson, Dave McPherson, Gail Labanara and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Westfield Southcenter Mall Turnover of Infrastructure and Dedication of Right -of -Way Staff is seeking full Council acceptance of Conveyance and Public Improvements (turnover of traffic signal and street improvements, water main and water meters, sanitary sewer), Right -of -Way Dedication (approximately 54,000 square feet) and Real Estate Excise Tax Affidavit from WEA Southcenter, LLC. This infrastructure will be added to City inventory, and is valued at $365.039.98. The public improvements have been constructed to City standards and have been inspected by staff. Per the Development Agreement for this project, WEA Southcenter, LLC has received a credit in the amount of $846,240 against traffic impact fees for the right -of -way dedication necessary for the Klickitat project. UNANIMOUS APPROVAL. FORWARD TO JULIE 8 COW FOR DISCUSSION. B. Tukwila 6. LLC 4 -Lot Short Plat Turnover of Infrastructure Staff is seeking full Council acceptance of Conveyance and Public Improvements (turnover of water main and one fire hydrant) from Tukwila 6, LLC with a site address of 14659 62n Avenue South. Now that 4 -lot short plat by Tukwila 6, LLC is complete, the developer is transferring assets of the public facilities to the City. This infrastructure, which is 398 feet of 8 -inch ductile water main and one fire hydrant, will be added to City inventory, and is valued at $36,860. The public facilities /infrastructure has been constructed to City standards and has been inspected by staff. UNANIMOUS APPROVAL. FORWARD TO JUNE 15 CONSENT AGENDA. III. MISCELLANEOUS For information only purposes, staff reported that DCD requested that the Committee be notified of a supplemental agreement with Perteet, Inc. to add a segment of South 150 Street to the Walk Roll Plan Design Report. The additional work will cost $1,656 which is below the cost threshold requiring Council approval. Meeting adjourned at 5:17 p.m. Next meeting Monday, June 15, 2009 5:00 p.m. Conference Room 1 f; Committee Chair Approval Minutes by KAM. COUNCIL AGENDA SYNOPSIS �J� X� Initials ITEM NO. 1 Meeting Date I Prepared by I llayorr review Con,uzl ret ew XV .9 1 06/15/09 1 JM rin q-11z-41 1 1 290: 1 1 ITEM INFORMATION CAS NUMBER: 09-086 I ORIGLNAL AGENDA DATE: JUNE 15, 2009 AGENDAITEMTrILE Accept as complete 2008 Small Drainage Program and release retainage CATEGORY Discussion [Z] Motion Resolution Ordinance Bid Award Public Healing Other Mtg Date Mtg Date 06/15/09 Mtg Date Mg Date Mtg Date Mtg Date Itg Date SPONSOR Council Mayor Adrn Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S The contract with Washington Pipeline, LLC is complete for the 2008 Small Drainage SUMMARY Program. Construction began September 23, 2008 and was completed on April 24, 2009. Seven change orders for $17,392.52 were issued for unexpected site conditions and unit price under -runs credited $5,843.77. The Council is being asked to accept and finalize the contract in the amount of $264,563.75. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 06/09/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AivIOUNT BUDGETED APPROPRIATION REQUIRED $264,563.75 $300,000.00 $0.00 Fund Source: 412.02 SURFACE WATER FUND Comments: MTG. DATE I RECORD OF COUNCIL ACTION 06/15/09 MTG. DATE I ATTACHMENTS 06/15/09 1 Informational Memorandum dated 06/02/09 State of WA Dept of Revenue Notice of Completion 08 -097 Minutes from the Utilities Committee meeting of 06/09/09 ILA it, City of Tukwila a 1037 y Jim Haggerton, Mayor v� 140= INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Public Works Director C DATE: June 2, 2009 1 SUBJECT: 2008 Small Drainage Program Project No. 08 -DR0I, Contract No. 08 -097 Project Completion and Acceptance ISSUE Accept contract as complete and authorize for release of the retainage. BACKGROUND The Notice to Proceed for Contract No. 08 -097 with Washington Pipeline, LLC of Mercer Island, Washington was issued on September 23, 2008 for the 2008 Small Drainage Program. This project provided storm drainage improvements at five sites; South 130 Street, Macadam Road South, South 149 and South 150 Streets, Treck Drive, and Upland Drive. ANALYSIS Construction was physically completed on April 24, 2009. Seven Change Orders were executed for this project in order to compensate the contractor for accelerated project schedule, adjustments for unexpected site conditions, and dealing with unanticipated utility conflicts. Minor unit price under -runs were due to force account items not completely utilized during construction: Contract Award Amount $253,015.00 Change Order Nos. 1 7 17,392.52 Unit Price Under -runs (5.843.77) Total Amount Paid (including retainage) $264.563.75 RECOMMENDATION The Council is being asked to formally accept and authorize the release of retainage, subject to standard claim and lien release procedures, for the contract with Washington Pipeline, LLC in the amount of $264,563.75, and to consider this item on the Consent Agenda of the June 15, 2009 Regular Meeting. Attachment: Notice of Completion W.:\PW Eng\PROJECTSW- DR Projects108 -DRO1 (2008 SDP) \Construction'Atter Construction \Info Memo Closeout of 2008 SDP. 6- 2- 09 -doc State t Washington n. PO Depart ment of Revenue 47 474 REVENUE Olympia WA 98504-7474 Contractors Registration No. BI No. (U No.) 602 729 168 Date 5/15/09 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Name 8c Address ofPublic Agency I Department Use Only Assigned To City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number 2008 Small Drainage Program Project 08 -DRO1 08 -097 Contractor's Name Telephone Number Washington Pipeline, LLC 206 905 -4278 Contractor's Address P.O. Box 816, Mercer Island, WA 98040 Date Work Commenced Date Work Completed Date Work Accepted 9/23/08 1/19/09 Surety or Bonding Company Insurance Company of the West Agent's Address P.O. Box 3018, Bothell, WA 98041 -3018 Contract Amount 253,015.00 Additions 17,392.52 Liquidated Damages 5 0.00 Reductions 5,843.77 Sub Total 264,563.75 Amount Disbursed 5 251,335.56 Amount of Sales Tax Paid at 0.0 0.00 Amount Retained 5 13,228.19 (If various rates apply, please send a breakdown.) TOTAL 264,563.75 TOTAL S 264,563.75 Disbursing Officer Comments: Per WAC 458 -20 -171 (or termed as Rule 171), the Contractor has already included Signature Washington State Retail sales tax in the Type or Print Name Diane Jaber contract bid amount. 0 Phone Number 206 -433 -1871 o r- The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype (TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov. REV 31 0020e (6- 27 -01) s ;47 `y� City of Tukwila i0 d\ NA' /o Utilities Committee 1 9o% UTILITIES COMMITTEE Meeting Minutes June 9, 2009 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Peter Lau, Mike Cusick, Gail Labanara and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:01 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. 2008 Small Drainage Program Proiect Completion and Acceptance Staff is requesting full Council approval for formal contract acceptance and release of retainage to Washington Pipeline, LLC for the 2008 Small Drainage Program. Seven change orders were required on this project due to schedule adjustments, site conditions and utility conflicts. The project came in under budget with the included 10% contingency. UNANIMOUS APPROVAL. FORWARD TO JUNE 15 REGULAR MEETING CONSENT AGENDA. B. Side Sewer Installation at 13906 51 Avenue South Change Order No. 1 Staff is seeking full Council approval of a change order in the amount of $28,317.28 to Contract No. 09- 057 with Duane Cameron Bulldozing for the side sewer installation at 13906 51s Avenue South. The original amount of this contract was for $11,582.31 and did not require Council approval since it was under $25,000. Extensive labor, equipment and materials are required to install this side sewer due to sewer stub location issues and extraordinary depth. UNANL IOUS APPROVAL. FORWARD TO JUNE 22 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:16 p.m. Next meeting: Tuesday, June 23, 2009 5:00 p.m. Conf. Room No. 1. k 9( 11 1 Committee Chair Approval Minutdd by KAM. Reviewed by GL. COUNCIL AGENDA SYNOPSIS ILA i,,, ‘31...* �y Initials ITEIIINO. I Meeting Date 1 Prepared b I Mayor's review Council review 1 1 06/08/09 1 JM 1 AI 4i, 1 4 1 06/15/09 1 7M ern wry, 1 2 90 ITEM INFORMATION I CAS NUMBER: 09-081 I ORIGINAL AGENDA DATE: JUNE 8, 2009 AGENDA ITEM TITLE Bid Award for 2009 Small Drainage Program CATEGORY N Discussion Motion Resolution Ordinance N Bid Award Public Hearing Other Mtg Date 06/08/09 Mtg Date Mtg Date Mtg Date Mtg Date 06/15/09 lvItg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police N PWI SPONSOR'S The Small Drainage Program was advertised for bids on May 7 and 14, 2009 for four base SUMMARY bid items and two additive items. The lowest bidder is determined by the base bid amount. Five bids were received and opened on May 22, 2009. The low base bid of $486,351.50 was from Green River Construction. Green River Construction also submitted a proposal of $84,835.00 for the two additive items. Green River Construction has successfully worked for the City in the past and Council is requested to award the base bid and two additives. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte N Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1E: OS/27/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMIFLEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE 1'ED APPROPRIATION REQUIRED $571,186.50 $800,000.00 $0.00 Fund Source: 412.02 SURFACE WATER (PG. 146 147, 2009 CIP) Comments: MTG. DATE RECO=RD OF COUNCIL ACTION 06/08/09 Forward to Next Regular Meeting 06/15/09 MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandum dated 05/22/09 Vicinity map Bid Tabulation CIP Sheets Pages 146 147, 2009 CIP Minutes from the Utilities Committee meeting of 05/27/09 06/15/09 Igo Attachments_ COUNCIL AGENDA SYNOPSIS y41Ly, a :47P-':,, q Initials ITEM NO. O' y Z ibfzzt Date Prepared by 11a,or� rzviz)v Conncrl r 4 06/08/09 LV 1 ..4, 1 1 6,,, a 06/15/09 1 LV 1 1 t z 9os I I —1 1" ITEM INFORMATION 1 CAS NUmber 09-076 ORIGINAL AGENDA DATE: JUNE 8, 2009 \(.I.:Nu.\ I'rl:M Trr'I,I An ordinance of the City Council of the City of Tukwila, Washington annexing approximately 259 acres of real property known as the "Tukwila South Project property" C.vi )RY Discussion Motion Resolution Ordinance Bid Award Public H n Other 6 lltg Date 06/08/09 lltg Date ?tits Date llt; Date 06/15/09 113 Date lltg Date 06/08/09 lltg Date 1SPONSOR Countii Mcgor Adrn Svcs DCD Finance Fire L.edal P &R Police PIV SPONSOR'S The Tukwila South Project includes annexing 259 acres into the City from King County. A SummARY public hearing is scheduled for June 8, 2009. Completion of the annexation is called for in the Tukwila South Development Agreement; it states that if the annexation is not completed by the end of 2009, the Development Agreement terminates. The Council is asked to open a public hearing and take any testimony on June 8, continue the hearing to June 15 and move the ordinance forward to June 15 for deliberations and action. RF\'II:WNI) By COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. I DATE: Tukwila South Project No Committee Review RECOMMENDATIONS: SPONSOR /ADMIN. Mayor recommends approval COMMIT COST IMPACT FUND SOURCE ExPI?NDITURI.1 RI-:QUIRI?I) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: 1 MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 Continue Public Hearina to the June 15, 2009 Regular Meeting 06/15/09 1 I MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandum date 06/08/09 Ordinance in draft form 06/15/09 Informational Memorandum dated 06/11/09 Owner's Petition for annexation Ordinance lit final form 1 City of Tukwila Jim Haggerton, Mayor 4. 29o- INFORMATIONAL MEMORANDUM TO: City Council Mayor Haggerton FROM: Lisa Verner, Mayor's Office DATE: June 11, 2009 SUBJECT: Tukwila South Annexation ISSUE Receipt of Petition for Annexation (60% Petition) and response to Fire District #24 comments. DISCUSSION 1. The City received the signed Petition for Annexation from La Pianta LLC on June 10, 2009. It is an attachment to this Informational Memorandum. After taking any testimony offered at the continued public hearing on June 15, the Council may close the public hearing, deliberate on the proposal, and take action at its June 15 Regular Meeting. 2. Testimony from Fire District #24 representatives was received at the June 8 public hearing on the Tukwila South Annexation. In particular, a letter from Gierke, Curwen, Dynan Jones, PS was submitted on behalf of Fire District #24. It did not ask the Council to stop the annexation but asked the Council to be aware of the impact of the annexation on Fire District #24. Below are responses to the 11 points raised in the letter: 1. The City would require the applicant developing property on the west side of Orillia Road to install one or more fire hydrants, as needed, as part of the development permit approvals. City standards for new construction call for fire hydrants to be no more than 150' from a building, as measured by a direct line of vehicular access. If such a hydrant is cost prohibitive, automatic sprinklers may be used. 2. The portion of Orillia Road abutting the Tukwila South Annexation will be annexed. The City provides fire and EMS services within the City limits. The Tukwila Fire Department and the SeaTac Fire Department have mutual aid agreements and provide service within each other's jurisdiction when called by dispatchers. 3. The City is not involved, nor will it be involved, in Fire District #24's contractual arrangements with the City of SeaTac. 4. No comment. 5. These issues will be addressed by the City's normal emergency management processes. 6. As mentioned before, the Tukwila Fire Department and the SeaTac Fire Department currently have a mutual aid agreement and will continue to have this agreement. INFORMATIONAL MEMO Page 2 7. As needed, the Tukwila Fire Department will take steps necessary at the time to fight a fire. 8. Relocation of SeaTac fire department headquarters is not a City of Tukwila issue. 9. Again, the Tukwila Fire Department and the SeaTac Fire Department have a mutual aid agreement and provide service in each other's jurisdiction when called by dispatchers. Tukwila Fire Department will continue to provide the same level of service it provides now. 10. Again, the Tukwila Fire Department and the SeaTac Fire Department have a mutual aid agreement and provide service in each other's jurisdiction when called by dispatchers. Tukwila Fire Department will continue to provide the same level of service it provides now. 11. The Tukwila South Annexation applicant petitioned the City to annex its own land into the City of Tukwila. With the exception of a King County -owned storm pond and the Historical Society cemetery, the only property being annexed belongs to the property owner who requested the annexation. Other items which should be noted: The City's Potential Annexation Area (PAA) is the area currently within King County, south of the current City limits, west of the Green River, north of S 204 Street, and east of 1 -5. The determination that this area is most appropriately located within the city limits of the City of Tukwila was made years ago in response to the Growth Management Act. At King County's urging, the City Council adopted Resolution 1561 on November 1, 2004 which states: "Section 1. Within three weeks after the area described in Exhibit A (Tukwila South annexation area) becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A.13.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B (area between Orillia Road and 1 -5) to the City, and directing staff to complete said negotiations on an expedited basis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later that sixty (60) days after adoption of the ordinance." (italics added) The City intends to annex the remaining portion of the Potential Annexation Area as noted above. The Environmental Impact Statement for the Tukwila South Project determined the necessity to relocate Tukwila's Fire Station 51 (Headquarters Station) to the vicinity of S 180 so that it would be more centrally located within its service area. The Tukwila South Project Development Agreement provides for donation by La Pianta LLC of up to three acres of land in area just south of S 180 Street along Southcenter Parkway for the relocated station. Construction funds will be raised through fire impact fees. W:\2009 Infohtemos\InfoMemo Annex FD#24 response 6- 15 -09.doc INFORMATIONAL MEMO Page 3 RECOMMENDATION Accept any testimony at the Tukwila South Annexation public hearing, close the hearing, deliberate on the annexation, and take action on the annexation ordinance at the Council's Regular Meeting on June 15. ATTACHMENTS Letter from Gierke, Curwen, Dynan Jones, PS (distributed at public hearing on June 8) Resolution 1561 Ordinance in final form W :\2009 InfoMemos\InfoMemo Annex FD#24 response 6- 15 -09.doc LAW OFFICES Gierke, Curwen, Dynan Jones, P.S. TACOMA OFFICE SEATTLE OFFICE 2102 NORTH PEARL STREET WELLS FARGO CENTER f d SUITE 400, BUILDING D 999 THIRD AVENUE TACOMA, WA 98406 -2550 SUITE 2525 T- 253 752 16001253- 383 -3761 SEATTLE, WA 98104 -4089 TOLL FREE: 877 797 -1600 TOLL FREE: 877 797 -1600 FACSIMILE: 253 -752 -1666 FACSIMILE: 253 752 -1666 BRADFORD M. GIERKE REPLY TO: TACOMA OFFICE (1937 -1995) GREGORY B. CURWEN 2 HUGO METZLER, JR. MARK J. DYNAN (1911 -1995) CLARENCE C. JONES, JR. June 8, 2009 MARK W. CONFORTI 5 7 ,3.8 1 ir Also admitted in the District R ELIZABETH C. THOMPSON x_ a g of Columbia ROBERT L. BOWMAN f r z Also admitted in Georgia CHRISTI C. GOELLER 3 Also admitted in Hawaii KIMBERLY J. COX "009 Also admitted in Illinois MATHEW D. MARINELLI 8 5 AIso admitted in Maryland 6 Also admitted in Oregon CITY OF TUKINILA Also admitted in Minnesota CITY CLERK 8 Also admitted in California Christy O'Flaherty, CMC Lisa Verner City Clerk Tukwila South Project Manager City of Tukwila City of Tukwila 6200 Southcenter Blvd. 6200 Southcenter Blvd. Tukwila, WA 98188 Tukwila, WA 98188 Re: Tukwila South Project Annexation (259 Acres) First Bonding Special District: King County Fire Protection District #24 Date of Hearing: 6/8/09 Our File No.: 09 -5675 Dear Clerk O'Flaherty, Ms. Verner, and Members of the Tukwila City Council: Our firm represents King County Fire Protection District #24 with regard to the proposed annexation of approximately 74 percent of the Fire District's current area located in unincorporated King County adjacent to the current municipal boundaries for the City of Tukwila. As an involved special district operating pursuant to the provisions of RCW 52.14, the Fire District wishes to raise issues that would be impacted by Tukwila's annexation of substantially all of the Fire District. It does not appear from the City's Land Use File that the City of Tukwila ever sent a copy of their revised annexation plan to KCFPD #24, even though the District responded to Tukwila's first EIS Statement in 2005. The City's first version of the EIS did not include the Fire District's comments or remarks. The City of SeaTac is the only jurisdiction with statutory responsibility to provide continued and ongoing fire and EMS services to the District as a result of its incorporation of approximately 98 percent of the original Fire District's territory. That contract calls for all residual funds at the end of each budget year to go to the City of SeaTac to fund the District's proportionate cost of fire and EMS service within the Fire District. Because it still has taxing authority, the District pays for regular commissioner meetings as required by law for public access, county elections, liability insurance, potential legal expenses, required state audits, advertising, annual taxes, and budget meetings. This typically results in only a nominal residual left for the City of SeaTac. The Fire District is, however, contractually obligated to pay this sum to the City of 1() Lourvic, n oe io e9 v JL, L�►� Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 2 SeaTac. Following the proposed Tukwila South Annexation, the Fire District will have essentially the same costs but only 25 percent of the revenue that currently exists. The City and the annexing developer have requested that the Boundary Review Board remove an area including the proposed annexation area east of Orillia Road, a major arterial and natural boundary, as well as a residual area west of the arterial. This will produce fire and EMS service impacts. Those impacts will become even more acute when 74 percent of the revenue is removed from Fire District #24 for providing services to the remaining residential area on the steep hillside west of Orillia Road. The cost to provide the necessary infrastructure to contract for services from the City of SeaTac for this area will remain essentially the same. Furthermore, the topography of an even smaller island left due to the proposed developer- driven annexation creates unique circumstances which are exacerbated by the lack of fire hydrants on the west side of Orillia Road. The grades to some properties limit the type of fire equipment apparatus which may be deployed to a fire, and the lack of hydrants within standard distances further complicate fire operations. Additionally, the topographical issues create a greater than nonnal concern for fire and EMS response time, which has progressively gotten worse over the last few years. While these conditions currently exist, it will become even more difficult to fund the required minimal fire and EMS services and to correct some of the fire support deficiencies due to the significant reduction in levy capacity and the loss of reserves designed to accomplish these functions. The annexation will significantly draw down Fire District #24 assets, which were set aside for improving future response time and/or access to fire hydrants. It is the District's position that fire hydrants should be installed on the west side of Orillia Road to provide minimal acceptable service to the above properties, to reduce response time, to place water on a fire, and to prevent the shutting down of Orillia Road by extending hose supply lines from existing hydrants on the east side of Orillia Road. This will be particularly true for any fire department response coming from Tukwila Fire Services. The following are the specific concerns which KCFPD #24 wishes the City of Tukwila to address, which have not been otherwise addressed by the City's earlier materials and EIS on this annexation project: 1. Tukwila will ultimately receive a major portion of the District #24 reserve as a result of the transfer of a like portion of the District's assessed value. Will the City of Tukwila use those funds to provide two hydrants on the west side of Orillia Road, which will result in all properties being within 1000 feet of a fire hydrant, which is standard spacing in typical residential neighborhoods? 2. Currently, Orillia Road between the proposed annexation area and the remaining unincorporated area of District #24 is a heavily traveled and important commercial route between the airport and valley industry, and is located in the County. Will fire and EMS Services be assumed by Tukwila for this section of the arterial? If not, who Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 3 then will be responsible for emergency services, and the municipal liability for lack of timely fire and EMS services in this section? For any of the portion of KCFPD #24 covered by the proposed Tukwila South Annexation Project, will the Tukwila Fire Department provide a minimum of Class Three fire and EMS service following the annexation? 3. How will the City of Tukwila address the KCFPD #24's financial contractual obligation to the City of SeaTac for payment of services to SeaTac if Tukwila annexes 75 percent of the tax base? KCFPD #24 is contractually obligated to reimburse the City of SeaTac for certain fire and EMS services substantially west of the current annexation boundary. With insufficient expense funds, it would be unable to fulfill its contractual responsibility to the City of SeaTac to fund the proportionate cost of fire and EMS service to this remaining portion of the District not impacted by the annexation. The reserve funds have been set aside for capital needs such as a small station, or the above mentioned fire hydrants. The expense fund holds all the taxes collected in current years for current operating expenses. 4. Most of the District #24 expense fund is necessary to provide the legal infrastructure to operate the fire district. Even if Tukwila agrees to provide fire/EMS service, there would still be a need for the expense fund taxes at relatively the same amount to support the required minimal activity of the District to legally collect taxes and contract for fire/EMS service, and to protect the citizens' interest from potential litigation. Without adequate funding, KCFPD #24 would be unable to legally operate and to fulfill its legal obligation to assess and collect taxes with a three- person commission if substantially all of the tax revenue generated is removed to the City of Tukwila with no commensurate fire and EMS service available to certain District residents. 5. FEMA has suggested an increased flood plain. While this has not yet been resolved, some agencies in the region believe that the flood zone should be increased, commensurate with the formula used on the larger, east side of the Green River. The Corps of Engineers have stated various river levees, including some of those in the vicinity of this proposal, are weak; and last January the Corps of Engineers allowed additional flooding in the Pacific area as a result of a breach in an area adjacent to the Howard Hansen Dam. The Corps has not yet clarified when that will be repaired but has stated that until it is, there is likelihood that many areas, which have previously been protected by the river levees, may see flooding. As a result of these concerns, some jurisdictions have placed a moratorium on construction until these engineering decisions have been resolved. Has Tukwila considered the potential for interruption of fire and EMS services to the annexed and adjacent areas such as Orillia Road and Fire District #24 should failures of some sort occur in the horseshoe bend or adjacent areas under such a circumstance? The City also has potential interruption of service due to train activity from the south fire station at present. Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 4 6. Does the City of Tukwila have in place a pre existing agreement with the City of SeaTac to respond to the areas of District #24 within and outside the proposed annexation area? If so, has the City of Tukwila determined if the City's apparatus can navigate the steep, narrow drives leading to the homes west of Orillia Road located on the steep hillside, with some areas of restrictive points of departure? Will the City of Tukwila Fire Department be able to provide appropriate 4 minute EMS and 5 minute fire response times to that portion of KCFPD #24's current residents who are planned to be covered by the annexation area or who fall just outside of that area and are not otherwise adequately served by the City of SeaTac? 7. Has the City of Tukwila addressed the issue of emergency closure of Orillia Road to provide access to existing fire hydrants on South 200 Street when a residential fire occurs on the west side of Orillia Road? Has Tukwila considered the lack of adequate fire hydrants on the west side of Orillia Road and the current inability to provide emergency water support service for fire apparatus to the residents in that area? 8. The City of SeaTac is relocating their headquarters station to South 170 Street from the former 200 Street Station, which will become a satellite station with reduced equipment and manpower staffing. Response time into the District #24 area has already slowed significantly due to changes in fire and EMS dispatch operations over the years. The move of more resources to the 170 Street station may further diminish response times into the Orillia Corridor during most hours of the day. How will the City of Tukwila address this issue if SeaTac is unable to provide timely Class 3 or Class 4 response time for fire and EMS services to protect portions of Fire District #24? 9. The annexation of substantially 75 percent of KCFPD #24 by the City of Tukwila will exclusively benefit those on the floor of the valley to the detriment of those residents on the unincorporated hillside of the current KCFPD #24. Money paid in by those KCFPD #24 taxpayers to their reserve fund should directly benefit the area within which the District assessed and collected tax revenue; those funds should be dedicated to that portion of KCFPD #24 included in this proposed annexation. If the City does not intend to make this commitment, how does it intend to address the fact that the residents' tax revenue, legally assessed and collected by Fire District #24 and currently dedicated to the residents of the District #24 area, is going to be commingled with other City of Tukwila tax revenue without guaranteeing that the current Fire District #24 residents will receive a commensurate value in service from the City of Tukwila? 10. As you know, the area set to be annexed from KCFPD #24 to the City of Tukwila is essentially at the apex of a confluence of four separate municipalities: King County, the City of SeaTac, the City of Tukwila, and the City of Kent. The responsibility of the annexing municipality to provide critical fire and EMS service must be Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 5 recognized and assured, as well as the impact this annexation will have over those KCFPD #24 residents not currently envisioned in the annexation process that risk having essential fire and EMS services significantly impacted by an annexation that does not touch the other 24 percent of the Fire District's boundary area. The Legislature has, however, recognized the duty and the obligation of the annexing municipality to take these and other factors into consideration under RCW 35A.14.001. 11. It is important for the City of Tukwila not to lose sight of the fact that this is essentially a one corporate owner, one proponent annexation process, in which the City has taken the position that there are only two really interested parties, the City of Tukwila and La Pianta, LLC for the Tukwila South Development. The proposed annexation, however, does carry some degree of risk and a recognizable impact to both residents and constituents of KCFPD #24 who will be omitted from the annexation process. The net result of the proposed annexation to the remaining Fire District #24 residents in a small district without an adequate tax base and reserve fund will jeopardize the District's ability to pay SeaTac or Tukwila for fire and EMS services for residents in the former Fire District #24 area. It should be pointed out that this particular area sought to be annexed by the City of Tukwila was left out of the original SeaTac incorporation by the Boundary Review Board at the express request of the City of Tukwila. King County Fire Protection District #24 respectfully requests that the City of Tukwila address the issues outlined by KCFPD #24 with regard to this Petition for Annexation and not allow a major developer's financial interests to totally override the interests of those residents and constituents within Fire District #24 to be included in the annexation and those omitted from it. Very truly yours, L.,.2 RY B. CURWEN GBC:sw cc: Chief James Adsley, Ret. KCFPD #24 Investment Officer /Contract Administrator Chris Bauer, Commissioner, KCFPD #24 Alicia B. Pittinger, Commissioner, KCFPD #24 Violet Bauer, Commissioner, KCFPD #24 J� L q If J lsoe City of Tukwila Washington Resolution No. (7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, COMMITTING TO INITIATE AN ANNEXATION PROCESS FOR A CERTAIN UNINCORPORATED ISLAND OF TERRITORY AFTER SUCH ISLAND BECOMES CONTIGUOUS TO THE CITY. WHEREAS, the City has received a notice of intention to commence annexation proceedings related to the territory known as the La Pianta annexation area, the boundaries of which are described in Exhibit A, which is attached hereto and incorporated as if set forth in full; and WHEREAS, the City Council intends to authorize the circulation of an annexation petition for the La Pianta annexation area; and WHEREAS, the La Planta annexation area lies within the Tukwila South Potential Annexation Area identified by the Tukwila Comprehensive Land Use Plan; and WHEREAS, the La Pianta annexation will reduce but not eliminate King County's obligation to provide municipal services to an area that is difficult for the County to serve due to its size and isolation from other County service areas; and WHEREAS, the King County Countywide Planning Policies recognize cities as the appropriate provider of local urban services to urban areas; and WHEREAS, King County has indicated it will support the La Pianta annexation if the City commits to timely annex the remainder of its Tukwila South Potential Annexation Area, the boundaries of said remainder being described in Exhibit B, which is attached hereto and incorporated herein as if set forth in full; and WHEREAS, the City of Tukwila is willing to annex the area described in Exhibit B, but would like to delay action on this annexation until after a final resolution his been reached with respect to the La Pianta annexation area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Within three weeks after the area described in Exhibit A becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A. 14.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B to the City, and directing staff to complete said negotiations on an expedited basis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later than sixty (60) days after adoption of the ordinance. PASSED BY THE CITY C U OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this J /)11{' 171 h t day of A eA 2004. ATTEST /AUTHENTICATED: c2yL�1/ Hagg'e��'(%/I ouncil President Janc{. Cantu, CIVIC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: /1 .22 CAI 7 7 Passed by the City Council: .61. CAI Office of the City Attorney Resolution Number: Annexation Commitment 10/28/04 "EXHIBIT A" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: BOUNDED ON 'THE NORTH BY THE EXISTING SOUTHERLY CITY LIMITS OF THE CITY OF TUKWILA, IN THE IMMEDIATE VICINITY OF THE SOUTH 188T STREET INTER- CHANGE; BOUNDED ON THE EAST BY THE WEST MARGIN OF ORILLIA SOUTH; BOUNDED ON THE SOUTH BY THE CENTERLINE OF SOUTH.204 STREET, EXTENDED WESTERLY TO ITS POINT OF INTERSECTION WITH THE EXISTING EASTERLY CITY LIMITS OF THE CITY OF SEATAC; AND BOUNDED ON THE WEST BY THE EXISTING EASTERLY "CITY LIMITS OF THE CITY OF SEATAC." L. "EXHIBIT B" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: BOUNDED ON THE NORTH BY THE EXISTING SOUTHERLY CITY LIMITS OF THE CITY OF TUKWILA RUNNING EASTERLY FROM THE VICINITY OF THE SOUTH 188 STREET INTERCHANGE TO THE INTERSECTION OF THE CITY LIMITS WITH THE GREEN RIVER; BOUNDED ON THE EAST BY THE GREEN RIVER; BOUNDED ON THE SOUTH BY THE NORTH IVIARGIN OF SOUTH 204 STREET; AND BOUNDED ON THE WEST BY THE WEST MARGIN OF ORILLIA ROAD SOUTH RUNNING NORTH TO THE INTERSECTION OF ORILLIA ROAD SOUTH WITH THE CITY LIt7ITS OF THE CITY OF TUKWILA IN THE VICINITY OF THE SOUTH 188 STREET i liITJ r'L! 11 Mg 11 \LI..1 II i_ i\V11Y11`1VL.. I OWNER'S PETITION FOR ANNEXATION TO THE CITY OF TUKWILA, WASHINGTON The Honorable Mayor and City Council City of Tukwila 6200 Southcenter Boulevard Tukwila WA, 98188 Dear Mayor and City Council: THE UNDERSIGNED, being the OWNER of greater than sixty percent (60 in value of the real property described on EXHIBIT A and listed in EXHIBIT D attached hereto lying contiguous to the City of Tukwila, Washington, does hereby petition that such territory be annexed to and made a part of the City of Tukwila, Washington under the provisions of RCW 35A.14, et seq., and any amendment thereto, of the State of Washington. The territory proposed to be annexed is located within King County, Washington and is described on EXHIBIT A attached hereto and depicted on EXHIBIT B by a diagram which outlines the boundaries of the property sought to be annexed, also attached hereto. At its regular meeting on January 18, 2005, the Tukwila City Council voted unanimously to accept the previous 10% Request for Annexation, to authorize the circulation of this Petition for Annexation (60% Petition), subject to the following conditions: 1. All property within the territory hereby sought to be annexed shall be subject to all City zoning and land use requirements immediately upon annexation, and 2. All property within the territory hereby sought to be annexed shall bear its proportionate share of existing city indebtedness. A copy of the minutes of that meeting is attached as EXHIBIT C. WHEREFORE, the undersigned respectfully petitions the Honorable City Council of the City of Tukwila and asks and agrees as follows: 1. That appropriate action be taken to entertain this petition, fixing a date for public hearing, causing notice to be published and posted specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and 2. That following such hearing and any other necessary approvals, the City Council deteiiiiine by ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Tukwila, Washington subject to its laws and ordinances immediately upon annexation. 3. That the zoning and land use regulations for the area proposed for annexation be amended consistent with the City's Comprehensive Plan and ordinances and the Development Agreement dated June 10, 2009 between the undersigned and the City of Tukwila, and that said zoning be implemented and effective immediately upon annexation. 4. That all property within the territory hereby sought to be annexed shall be assessed and taxed on the same basis as property within the City of Tukwila is assessed and taxed to pay for the portion of any then outstanding indebtedness. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Date: June 10, 2009 PROPERTY OWNER: LA PIANTA LLC, a Washington Limited Liability Company By Metro Land Development, Inc., a Washington corporation, its Manager By: AA. egale, P ident EXHIBIT A LEGAL DESCRIPTION OF THE ANNEXED PROPERTY PARCEL 352304 -9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05°44'13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT OF-WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57'17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36 -00 THENCE SOUTH 82 °46'30" WEST 59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9041: THAT PORTION OF THE SOUTHWEST 'A OF THE SOUTHWEST 'A AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE PONT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE N THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9117: THAT PORTION OF THE SOUTHEAST 1 A OF THE SOUTHWEST 1 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET; THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28" EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE N_ ORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40" EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY RIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9008: THAT PORTION OF THE NORTHWEST 1 /4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH 15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9043: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 1/4 OF THE NORTHWEST 1 /4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST' OF THE NORTHWEST' THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST OF THE NORTHWEST' THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9047: THAT PORTION OF THE NORTHEAST 1 OF THE NORTHEAST 1 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE PONT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9106: A PORTION OF THE WEST 'A OF THE NORTHWEST 1 /4 OF SECTION 2 AND THE EAST OF THE NORTHEAST OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900 -0352: THAT PORTION OF GOVERNMENT LOT 6 N SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST 1/4 OF THE NORTHEAST V4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9006: THE SOUTHEAST 1/4 OF THE NORTHEAST %4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT OF-WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST '/4 OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT OF-WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00 °30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00 °25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89 °40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00 °30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9092: THAT PORTION OF THE SOUTHEAST 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST 1 /4 OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11'00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 1 A; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9093: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLI_A ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST 1 /4 OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 1 /4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171.01 FEET THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST 68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH 49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH 27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET; THENCE SOUTH 51 °58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. EXHIBIT B SITE DEPICTION OF THE ANNEXED PROPERTY r' 11 B; all Bil_.Mallnlilitiglazar RN \\,2_ 1 1 N 1 .J1 miNn. I IN t rams 1 I Iff 1 r---.. N.,.4 n'n =kVA' 7.7.1;11111:1Maus i sun namm.. Vali IlitIlIiiml Imam =mill= ---.1 1 f I 911 III =RIME. AI 1 Lln minium x Rouen 1 ii ••••=1.8, 1 URI :mum- ...%11111 H "•jr". um nainn-lnowinLII H =ILI 1 I Bifiii :1 11 1 1 1L -Tgurpfal113,11P 2 !Mir: wan! 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A TO THE ry/ i 1 i 1 1 ,.a L___‘.■....„ I I N 1 ..1 H 0 1 1 II 7- TUKWILA SOUTH PROJECT TUKWILA SOUTH ANNEXATION AREA GOLDSMITH TUKWILA, KING COUNTY, WASHINGTON EXHIBIT C COPY OF THE MINUTES FROM THE TUKWILA CITY COUNCIL GENERAL HEARING HELD ON JANUARY 18, 2005 TUKWILA CITY COUNCIL MEETING Council Chambers City Hall January 18, 2005 7:00 p.m. REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE: Pamela Linder, Mayor Pro Tem, called the Regular meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL: Jane Cantu, City Clerk, called the roll of Council. Present were Councilmembers Joe Duffle, Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder, Dennis Robertson and David Fenton. OFFICIALS: Shelley Kerslake, City Attorney; Lucy Lauterbach, Legislative Analyst; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Kevin Fuhrer, Finance Director; David Haynes, Acting Police Chief; Steve Lancaster, Director, Community Development; Lisa Verner, Project Coordinator, Community Development; and Derek Speck, Economic Development Administrator. Steven M. Mullet, Mayor, was not present. SPECIAL PRESENTATION: Update Reaional Lona Ranoe Transit Plan Sound Transit Steve Lancaster, Director of Community Development, introduced Paul Matsuoka, Sound Transit's Chief Policy and Planning Process Officer. Mr. Matsuoka brought and presented two packages of information. One was reviewed with the Council and the other was left "for leisurely reading." Sound Transit will hold ten public hearings and present "Connecting the Region Preparing for the future Long Range Plan SEIS." At those meetings, Sound Transit staff will: 1. accept public comments on the Draft Sensitive Environmental Impact Statement, 2. provide information about their planning efforts to date, 3. review potential environmental impacts and benefits, and 4. review completed mass transit services and facilities, as well as future possibilities. Comments on the DSEIS will be taken at the public hearings, and in written form, through January 31, 2005. Mr. Matsuoka presented an historical overview of Sound Transit's planning process, beginning with the first environmental impact statement being completed (on the regional system) in 1993. Among other statistics and information provided, the Planning Process Officer noted Sound Transit's expectation that ridership numbers will increase by 1.2 million by the year 2030, as well as a 45% employment increase, both resulting in "all -day congestion." For those reasons, Sound Transit is asking what they can do to help manage the growth in terms of transportation needs. Alternatives and options evaluated by the DSEIS to help manage the growth (in terms of transportation) include Sound Move, WSDOT "Nickel" projects, Green Line Monorail project; Light rail extensions (in north, south and east directions), additional commuter buses and rail facilities, rapid transit buses and streetcars. City of Tukwila Page 2 of 5 City Council Regular Meeting Minutes January 18, 2005 Mr. Matsuoka called for comments and inquiries from Council. Of great interest was whether or not Sound Transit would be able to bring the alignment to Southcenter. Characterized as "curious," one Councilmember asked why the alignment could go to the SeaTac Airport, yet not Southcenter. Mr. Matsuoka reminded those present that the "Tukwila Freeway Route" is the official plan "on the books" with Sound Transit. Without any plans of deviation, this is the plan to be implemented. In the end, Mr. Matsuoka informed Council he would provide copies (hard copies and/or in CD format) of the Draft Environmental Impact Statement for their review as many reported not yet seeing it. CITIZEN COMMENT /CORRESPONDENCE; Claire Henson. 12414 Military Road South. Seattle (Boulevard Park). informed Council of the creation of Bree's Way, an organization which intends to create a "special needs" park for "special needs" people. Her daughter is one such person. Additionally, she noted Boulevard Park is considering annexation into the City of Tukwila. In doing so, she noted Boulevard Park would be a positive place to live, with a positive identity. A study group has been formulated to determine how to make the area a better place altogether. An informal survey shows 84% of those polled (total number not stated) would like a better identity. The same survey also showed 61% of those polled to be in favor of annexing into Tukwila. The group is actively seeking comments (written or verbal) from residents who are interested into annexing to a local, nearby City. Tukwila currently is the number -one choice. Ms. Henson spoke in favor of a Joint Tukwila City Council and Boulevard Study Group meeting. Amongst other community offerings, Boulevard Park boasts three elementary schools (one to close at the end of this school year, however). Carla Sumpter. 2214 South 118 Street, Boulevard Park, spoke of the need to annex Boulevard Park into a nearby City. She does not want to be incorporated into Burien. She shops in Tukwila, has served on a Tukwila jury and "identifies with Tukwila." Olanda Grope, 11534 28 Ave. SW, North Hiahline area, member of their area council, noted correspondence in 2004 from City of Tukwila officials regarding disinterest in annexation efforts. Just as time has gone by, Ms. Groge believes circumstances have changed which now merit reconsideration. Jim Haggerton, former Council President, noted his signature was attached to the referenced letter (by Ms. Groge). He also noted not being "terribly optimistic" that circumstances had changed to a degree where the Council would yet reconsider. Ms. Linder spoke of Tukwila nearly tripling in size within the past 15 years due to an annexation which "we're still in the process of dealing with." She noted a sense of community and infrastructure needs are foremost on everyone's minds. The Council President then asked Rhonda Berry, City Administrator, to contact King County for statistical figures and to follow up with Council. Anna Bernhard 14241 59th Ave. South, Tukwila, spoke in favor of allowing current Tukwila citizens the right to be heard (via a vote or some other means) on whether or not they want others to annex into the City. CONSENT AGENDA: a. Approval of minutes January 3, 2005 Regular meeting b. Approval of vouchers 313025 313313, in the amount of $1,040,047.08 DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS PRESENTED. The motion carried 7 -0. City of Tukwila Page 3 of 5 City Council Regular Meeting Minutes January 18, 2005 UNFINISHED BUSINESS: a. An ordinance renewing a moratorium relative to transit oriented development (TOD) areas AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS, AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR TRANSIT ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAIL/AMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY FENTON MOVED; ROBERTSON SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY TITLE ONLY. The motion carried 7 -0. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. FENTON MOVED; DUFFIE SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ. The motion carried 7 -0. ADOPTED ORDINANCE #2081 b. Authorize Mayor to sign a contract with Huckel! Weinman Associates tHWA). Inc.. in the amount of $39.072.01, for preparation of a supplemental Environmental Impact Statement and Planned Action Ordinance for the Tukwila Urban Center. FENTON MOVED; DUFFIE SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH HUCKELL WEINMAN ASSOCIATES, INC., IN THE AMOUNT OF $39,072.01, FOR PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT AND PLANNED ACTION ORDINANCE FOR THE TUKWILA URBAN CENTER. The motion carried 7 -0. NEW BUSINESS: Consideration of request to accept 10% Request for Annexation, received from La Pianta. LLC. Petitioner Mark A. Seaale. Vice President. Lisa Verner, Project Coordinator, provided background on the issue. She reported approximately one half of the Segale property is located within Tukwila's city limits, while the other one half is located within unincorporated King County. Proposed for annexation are approximately 250 acres. The City Council is being asked (by the applicant, LaPianta, LLC) to approve a 10% petition, authorize the circulation of the Petition for Annexation (60% Petition), and require both the simultaneous adoption of zoning and the assumption of some existing city indebtedness. Should Council accept the proposed annexation "as presented or with modifications, the Council authorizes the circulation of the Petition for Annexation, which must be signed by owners of 60% of the value of the property included in the annexation boundaries." Council received a copy of the Request for Annexation (Petition), a list of tax lots and a map of the designated area. Ms. Verner noted the City's Comprehensive Plan calls for a Master Plan and identifies a zoning designation of Tukwila Valley South (TVS) for this property. While a draft Tukwila South Master Plan has been submitted for staff review, Council will not see it until late 2005. Additionally, the Project Coordinator noted the property in question would be subject to a City- approved Development Agreement. Councilmember Robertson noted Council has not seen the mentioned Development Agreement in any format (draft or final). Additionally, Council has not yet seen an annexation plan or draft EIS. He spoke in favor of viewing all named documents prior to annexation. Ms. Verner reported all documents are works in progress and may be available as early as the end of February 2005. City of Tukwila Pag of e 4 5 City Council Regular Meeting Minutes January 18, 2005 City staff reported no time requirement exists to return a 60% petition. Moreover, it cannot be submitted until such time as staff has a final EIS and Development Agreement. Both sides must come to an agreement on the issues before the 60% Petition may be submitted. It was stressed that there is absolutely no commitment on the City's behalf if a petition is filed. Ms. Verner agreed to submit a proposed, written timeline of the forthcoming issues. Sue Carlson, on behalf of Petitioner La Pianta, LLC, called this a "complex, yet do -able process." She thanked the Council for their consideration of the petition. As part of her duties with La Planta, she has been working with King County to resolve many issues and noted, "annexation could take place as soon as 90 days after acceptance of the 60% petition," and action in connection with all paperwork the last piece of which will be a required ordinance. For the record, Councilmember Carter noted this area was designated as a Potential Annexation Area 10 years ago. Councilmembers Hernandez, Robertson and Mayor Pro Tem Linder all spoke favorably of the proposed annexation. HERNANDEZ MOVED; ROBERTSON SECONDED; TO ACCEPT THE 10% REQUEST AS SUBMITTED, AUTHORIZE CIRCULATION OF THE 60% PETITION FOR ANNEXATION, AND REQUIRE BOTH THE SIMULTANEOUS ADOPTION OF ZONING AND THE ASSUMPTION OF EXISTING CITY INDEBTEDNESS. The motion carried 7 -0. REPORTS: a. Mayor Mayor Mullet was absent. b. CounciL Councilmember Joe Duffle attended Alan Doerschel's retirement "Roast." Councilmember Joan Hernandez attended the January 13 Joint Planning Commission /City Council meeting and subsequent Equity and Diversity Commission meeting and the January 14 Southwest King County Chamber of Commerce luncheon. Ms. Hernandez reported the City of Tukwila would be divided into two separate /distinct legislative districts according to newly proposed (King County) redistricting maps. Mayor Pro Tem Pamela Linder attended a January 12 results -based workshop on accountability, facilitated by Mark Friedman. She also attended a Southwest King County Economic Development Initiative Executive Committee meeting the same day. On January 13, Ms. Linder attended the South King County Human Services Board meeting. Councilmember Pam Carter attended the January 11 Highway 99 Action Committee meeting and a Transportation Policy Board meeting on January 13. Ms. Carter also attended an Economic Forecast meeting on January 15 as well as a press conference conducted by the Association of Washington Cities (AWC) on the State of the Cities. Today, the Councilmember attended a SCATBd meeting. Councilmember Jim Haggerton attended Cascade Water Alliance's meeting of the Finance and Resources Joint Committees. Councilmember Dennis Robertson attended this evening's Finance and Safety Committee meeting. Councilmember David Fenton announced the first Utilities Committee meeting is January 19. c. City Administrator Rhonda Berry was absent. City of Tukwila Page 5 of 5 City Council Regular Meeting Minutes January 18, 2005 d. City Attorney Shelley Kerslake provided an update on Sound Transit issues and cautioned the Council to not discuss the Tukwila Freeway Route until further Court (of Appeals) decisions are made. Ms. Kerslake next informed the Council that the Woodside Apartment building owner /manager would likely receive notice on January 19 that due to non payment all electrical power (in general areas) is likely to be cut. The owner is currently $24,000.00 in arrears. Additional information will follow. i lative Analyst e. Legs y Lucy Lauterbach reminded Council of the January 21 and 22 City Council Retreat. ADJOURNMENT: 8:48 p.m. DUFFIE MOVED; FENTON SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 7 -0. 9 Pamela Linder, Mayor Pro Tem PV-that <YJ 1 Robert H. Baker, CMC, Deputy City Clerk Date minutes approved: March 7. 2005 EXHIBIT D TUKWILA SOUTH ANNEXATION AREA PARCEL LIST X O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 C 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M a CO N- LC) L0 O U) (3) O O 1� r N CO O N O O LO CO t` r 0 0 0 O 0 d CV O d• 0 0 O) r 1` CO d' r EA Ef3 r cr O d- O r O d• N d CO CO N Lc N c- 69 6 r 0 m N O En- r N- r 69- CO r CO CO 1- CO CO N CO 00 CO N- CO d' N- 69- CO 1- CO fO 69 0) CO 69- 10 r CO r CV c (f? N d" EA CO LC) 69- N 69 69- EH d' CO N 69- 69 10- r 69- 69- 69 64 EA Et} 10- co VI Q 22222222 222222222222222222222 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W d' d- -r d• d' d- d' d' d• d d• d- d' d- d' d' d• d• d' d' d• d' d' d' d• d' d• d• d' I L r r r r r r r r r r r r t r r t r r r r r e r r r r H co co co M N N N M r N CO CO N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 1 1 1 r r r r r 1 1 1 1 r 1 1 1 1 1 r r r r 1 1 r 1 1 r 1 10 LO N N N LO N N N CO M R'S CO CO CO CO N CO CO CO CO CO N N M CO 06 0:5 N N N C 0 6 0 C C C C C C C C C C C C C C C C C C C C C C C C C c C 4= 0 C 0 7 7 C 7 C 7 C C 7 C C C C 7 C C 7 7 7 n C C 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c 00 a Y 0 0 0 0 U 0 U 0 0 0 0 U 0 0 U 0 0 0 0 0 0 0 0 U 0 Y 0 U 06 O) a) 0) 0) O) 0) 0) C3) to 0) C3) 0) 0) 0) 0) 0) 0) 0) 0) a) 0) 0) 0) 0) 0) 0.6 0) (7) C C 0c C C C C C C C C C C C C C C C cc 000c—cc j Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 0 Y 1— Y 0) 0 4-, d- 00 0) O r N CO LC) CO N- M O) O r N CO d" Ln CO N- CO 0) C) r d• r N Z N N N Cr) CO CO CO CO CO CO CO CO d' d• d d" d" d v d" v d CO LC) CO O r c- r Q r r r r r r r r r r r r r r r r r r r r r r r r N CO CO CO CO n CU CD (a a 1e as a_ as r N` CO CO CO N N CO (T CO (T CO V O CO CO r CO N CO N O CO N N O r O O N co 00 N 00 00 O) O O N LO 1 0') O CO CO CO 10 O "Cl LC) Cr) d• N CO 1� CO N r L O O 10 0 O O d' d' CO 0 CO 0 CO r N N V O) 0 N. CO r 00 r c- O C) 0 CO CO Q Q 0 N r N r r r CV d r d N O d• O O CO r r d N t\ N CO (O O 1- CO CO O r d r CO N- CO O ti r N- (V fr d' CO CO r LC) O N d d' d 6) N r CO M V O r CV r as CO LC) co O CO N C7 r 00 co O (O d r r r--- r r N C) N N O U> r d• O) CO LC) L 9 cr co- O (0 1` O N d- N CO LS N O N. d O r (O CO N CO r CO CO LO r 1` M a) i N r co co d N- CO r N 0 CO N CO r V V' N N- r CO O CO LC> r M N L() (A C Q r CO r N O) M 10 r CO CO r r CO CO LO N- r N O Q r w To O o w 1— (f) C O 00 r 1` O co (O CO CO LO CO N- N- CO N 0 CO 0 r LO N CO CO N CO c 0) N LC) 1` V r M d' M r O CO CO d' LC) V O LO _O O C D r r 0") O> CC) LC) M CO d• CO O O) O O) 6) 0 0) 6 O) O) (3) O O) a)) O) CA O (A (3) O) O O 0)) 6 0) O O) 0) 0)) 0 d' d• d• d• d• d• d d' d' d• d' d• d• d' d• O d• d• d' d d• d v d• d• v d- v d- 3 m O O O O 0 0 0 0 O 0 O 0 O 0 0 O 0 O 0 O 0 0 O CO O 0 O 0 O 0 CO M M CO N N N CO N CO CO N N N N 0) N N N N (V N N N N N N N N CO 10 LO 10 10 N N N C L j N CV CV CV LO LO N N CO CO N co CV CO M CO N N M(0 CO CO N CV N C M C CL M M M M O O O M O M M O O O O 0 O O O O O O O O O O O O O 0 0 N 0 U) O (ll 0 0 ((0 Q 3 1.J >,(0 L o J J J J J J J J J J J J J _I J J J J J J J J -J J J ''.7 O LI (O 00 CO CO C O CO CU CO (U CO CO CO (O (0 (0 (0 CO (0 CU (U (0 CU CO (U (0 CO CO N C C C C C C C C C C C- c C C C C C C C C C C C C C CO 0 O C W CO CO CO CO CO (U CO CO CO CO CO CO (0 CU CO CO CO CO CO CO CO (U (U 0 0 CO co O CO CU gED EE O. 0..0 0.0 0 00 .EEEEECL00 0 CQ cs)cr) (1) CI. J co -I -J CO CO co co J J J co J CO CO J CO CO J J .J CO J J F Y Y J C C I— J 7 CO A o 7 a Y. o 3 o as 1- --1 c 2 k O z k as 7 7. 7 o- D co e e6 S e 2 ui 07 4O S w u- 0 t 6 O 7 0 a u ƒ q 7 7 6 U) 7 g 2 U y 0 S 6t 0 2 b 2 0 O 6 7 0 4 0 o 7 7 2 ƒ 0 3 e L.1- 13- q� w c o 0 2 C Ug 4 0 �2 3 k g g 7 w U Q 4 0 .4 4 0 O 7 w �J� \N S N' iC; City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE TUKWILA SOUTH PROJECT PROPERTY PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non charter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than 10% in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the Iegislative body of the code city in writing of their intention to commence annexation proceedings and WHEREAS, La Pianta LLC is the sole owner of approximately 259 acres of real property known as the "Tukwila South Project Property and WHEREAS, on November 12, 2004, La Pianta LLC submitted a Request for Annexation "Request which was signed by owners of not less than 10% of the value of the property included in the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request, and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of 60% of the assessed valuation of property within the proposed annexation "Petition on the following conditions: (1) simultaneous adoption of zoning regulations, and (2) petition signers' consent to the assumption of the proposed annexation area's proportionate share of existing City indebtedness, if any; and WHEREAS, on June 8, 2009, during its regular meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues, and La Pianta LLC submitted its signed Petition; and WHEREAS, on June 8, 2009, the Tukwila City Council held a public hearing following publication of notice thereof as provided in RCW 35A.14.130, and that public hearing was continued to the June 15, 2009 Regular Meeting to accept additional public comments; and WHEREAS, the Tukwila City Council desires to annex the area described and shown in the Petition, attached hereto and incorporated here by reference as Exhibit A; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit B and depicted on the map in Exhibit C; W: \Word Processing Ordinances \Tukwila South Annexation.doc LV:ksn 06/09/2009 Page 1 of 2 with a full annexation parcel list shown in Exhibit D, which said exhibits are attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan, and Zoning Designations. The annexed property shall be subject to the Comprehensive Plan, Master Plan, Shoreline Master Plan map amendment to designate the property as Urban Environment and the Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted on June 8, 2009. B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding City indebtedness, if any, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the effective date of the annexation in Section 1 of this ordinance. Section 3. Preparation of Notice of Intent to Annex. The City Administrator, and /or her designee, is hereby authorized and directed to prepare and submit a Notice of Intention to Annex to the King County Boundary Review Board no later than 180 days after the effective date of this ordinance. The City Administrator, and /or her designee, is hereby authorized and directed to take such other steps with respect to said Notice of Intention or otherwise as deemed necessary to implement the annexation in Section 1 of this ordinance. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 5. Certification of Ordinance to King County. Pursuant to RCW 35A.14.140, upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council. Section 6. 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, except that Sections 1 and 2 of this ordinance shall not be effective until the effective date of approval of the King County Boundary Review Board pursuant to Chapter 36.93 RCW. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachment: Exhibit A Petition Exhibit B Property Legal Description Exhibit C Map Exhibit D Annexation Parcel List W: \Word Processing\ Ordinances \Tukwila South Annexahon.doc LV:ksn 06/09/2009 Page 2 of 2 COUNCIL AGENDA SYNOPSIS rr tLA ITEM NO. 4(P,,_ Initials 1 Meeting Date Prepared by 1 Mayor's review 1 Council review 7 El 1 06/08/09 JM� t /ii .4. :,..___:_i 06/15/09 1 JM I 'ti/ 190 1 1 1 ITEM INFORMATION CAS NUMBER: 09-075 I ORIGINAL AGENDA DATE: JUNE 8, 2009 AGENDA ITEM TITLE Resolution adopting the Six -Year Transportation Improvement Program 2010 2015 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 06/08/09 Mtg Date Mtg Date 06/15/09 Mtg Date Mtg Date Mtg Date 06/08/09 Mtg Date SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police N PTV SPONSOR'S The Transportation Improvement Program (TIP) is required by RCW to be updated SUMMARY annually. The TIP is primarily a financial planning document for projects competing for grants. A Public Hearing is scheduled on June 8, 2009 for the 2010 2015 TIP. After the Public Hearing, the TIP is adopted by resolution and is then incorporated into the Regional and State TIPs. REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1'E: 05/18/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Hold Public Hearing and adopt resolution COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE C RECORD OF COUNCIL ACTION 06/08/09 'Forward to Next Regular Meeting 06/15/09 MTG. DATE ATTACHMENTS 06/08/09 1 Informational Memorandum dated 05/06/09 Draft Resolution Draft 2010 2015 TIP Spreadsheet Current Adopted 2009 2014 TIP Minutes from the Transportation Committee meeting of 05/18/09 06/15/09 Resolution in Final Form I s J y J 1 1 5 S f O.° C ity of T i1a Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM (2010- 2015), AND DIRECTING THE SAME TO BE FILED WTTH THE STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26 as amended, the City Council of the City of Tukwila has previously adopted a Transportation Improvement Program and thereafter periodically modified said Transportation Improvement Program by resolution; and WHEREAS, the City Council has reviewed the work accomplished under said program, determined current and future City street and arterial needs and, based upon these findings, has prepared a Six-Year Transportation Improvement Program for the ensuing six calendar years (2010 2015); and WHEREAS, on June 8, 2009, a public hearing was held regarding the City's Six- Year Transportation Improvement Program; NOW, THEREFORE, THE C1'1 Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Program Adopted. A Six-Year Transportation Improvement Program for the calendar years 2010 -2015 is hereby adopted. Section 2. Filing of Program. The City Clerk is hereby authorized and directed to file a copy of this resolution, together with the exhibit attached hereto, with the Secretary of Transportation and the Transportation Improvement Board of the State of Washington. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Joan Hernandez, Council President Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: Attachment: Exhibit A City of Tukwila' s Six-Year Transportation Improvement Program from 2010 to 2015 W:\ Word Processing \Resolutions \TIP 2010 -2015 Adoption.doc RT:GLkn 6/9/2009 Page 1 of 1 1 q`v'N. Im I i N o 0 I U-! v N' 1. O I o v N I 1� jO`o NN` s o O s u o O' N 11 1 1 r o I I I r N IN O polo O N I rl N i i 11 0 a Z4 I d 1 O iMI 1 Q V y 1 I I N ttf ----Tr; 1 N i I N I la 1 k I 1� I O 0' 0 �N�_ 1 I 1 1 0 I Y i o f 1 1 1 t 611 I N m 1` I I 1 Ii I N '1 N 7 I i r 1\ I 1 o t 4 N t m i 7 1 1 O O N N CO 1 tt I m Q O O 1 1 N d '6 O r M i a cetdi 1' —10 0 4... 4�� N h t 1 s.. 1 v 1 N 1 I r c., 1 0. I o N m I t t t ol I Ii 1 o o F. ,..r, 0 o. m o r- N i i o o 1 i 0 I 1 r $O ;N �Nr N� Op00 4 o lv Ntn`'h` t- 11 1 a 0101,5; O p a? d N OO. N' N 9 N� Ff 1 O' m 1 1 O O. c7 'O O 6� N r d O O- 00 10 N et I 1 c> c NI I 1 O° N 1 I I I a °01IRIy` N d 1 p I Q N 4 O O` r N t I O0` pO O N O O N 1 y�� 1 O Q 1 O -1, 0 i J, t N 11A 4 O v. -I 1 I m o I S. i 1 O O o! O w I°= CD C f7 I N s 1 I O O 01 O `Ot0 OD 0 O. 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"4 N o m -.1(7) Es al r l r u.0 u `g.- 3, O a5 3 ^3 R °6I a c 2 EL -0 rn m G N, n c ilia N •J N c" U N 5 R G d -z s t N N 7 O p W 1�.Y c I Y co m o d y m a o a Y o .1 t O 0 e p y- U m -i0 \0 w- o �L`~ 1 Y ov o n `m le a m m o M 2 U c U 3U- 3,ZNY.. t i o O 1 IU o t. O 0 0 3 r 1 I a �i c Q o O l �y o¢ c ��I I I 1 1 N N n co N° ,y 1p 1 D, Z 1 a t 4 m ^r 1 m N N N N N f 1 1 y t t 0r_ a 1 1 I WI\ c"0d NN 1 1 r rI -1341LA w COUNCIL AGENDA SYNOPSIS 4 Initials IzEMNo. o 1 illeetin Date Prepared by 1 Mayor's review 1 Council review 1 a K; 06/08/09 06/15/09 I DT I 1 1 a I I DT /-L� 1 a I 290; I I I I d ITEM INFORMATION CAS NUMBeR: 09-077 1 ORIGINAL AGENDA DATE: JUNE 8, 2009 AG ND.\ IT1 NI Tvn Fireworks Permit for City's Family Fourth at the Fort event. C.\TIGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other lltg Date 06/08/09 illtg Date 06/15/09 AN Date lltg Date lltg Date /ltg Date /lg Dote SPONSOR )R I 1 Council Mayor Adm Svcs DCD Finance Fire Legal 1'&R Police Plh SPONSOR'S This is the public display permit for the City Sponsored Fireworks show at the Starfire SUMNI.\RY Sports complex for July 4, 2009. This is the same pyrotechnician who has done the show for the City since the City took over the sponsorship of this event. RI? \'II W1:,1) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte 1 I Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 6/2/09 RECOMMENDATIONS: SPC)NSOR /ADMIN. Consideration of Permit application CMINI I'LE Unanimous Approval; forward to Committee of the Whole COST IMPACT FUND SOURCE ESPI?NDITUR1 RI:QUIRIiD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 Fund Source: Conrnrents: MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 1 Forward to Next Regular Meeth!nq MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandums dated 5/28/09 Fireworks Permit Conditions Two Site Maps Tukwila Municipal Code Section 8.12 RCW references to the State Fireworks Law Minutes from the Finance and Safety Committee meeting of 6/2/09 06/15/09 INo Attachments COUNCIL AGENDA SYNOPSIS ILA yy ITEMNO. )1 '1i, Initials 4 Meeting Date 1 Prepared by 1 Mayors review Council re 'ew 1 q 1 06/08/09 1 Jr4 TTF! .-4.L I I J3 1 2 1 06/15/09 JM iii- I rY,? ZJ I 4. 2gp8 ITEM INFORMATION I CAS NUMBER: 09-078 'ORIGINAL AGENDA DATE: JUNE 8, 2009 AGENDA ITEM TITLE Interurban Ave S Waterline Project Approval of Budget for Construction Change Order Nos. 2 3 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other llMftg Date 06/08/09 Mtg Date 06/15/09 Lftg Date kftg Date Mtg Date Mtg Date I1ftg Date 1 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV SPONSOR'S This project replaced the water line in Interurban Ave South. During construction, an SUMMARY unforeseen 8" waterline connection near Gateway Dr was discovered and an existing water main that was thought to be 8 inches was actually 12 inches. Both of these circumstances required substantially more effort and materials to complete the connections to the new water main. The repairs were over the 10% contingency of $33,899.00 and require Council approval of Change Order Nos. 2 3 for $30,714.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1'F;: 05/27/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT /`FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $30,714.00 $400,000.00 $0.00 Fund Source: 401.02 WATER FUND (PG. 79, 2008 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 1 Forward to Next Regular Meeting 06/15/09 1 MTG. DATE ATTACHMENTS 06/08/09 1 Informational Memorandum dated 05/14/09 Change Order Nos. 2 3 with Gary Merlino Construction Minutes from the Utilities Committee meeting of 05/27/09 06/15/09 No Attachments COUNCIL AGENDA SYNOPSIS w Initials Il hM No. Meeting Date Prepared by I Mayor's review 1 Council review I r; I 06/08/09 1 7M D 1 06/15/09 )M ham- 1 90= 1 1 1 1 ITEM INFORMATION CAS NUMBER: 09-079 I ORIGINAL AGENDA DA JUNE 8, 2009 AGENDA ITEM TITLE Interurban Ave S Waterline Project Approval of Budget for Construction Management Supplement No. 7 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 06/08/09 Mtg Date 06/15/09 Mtg Date Mtg Date Mtg Date Mtg Date "%lig Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW SPONSOR'S This project replaced the water line in Interurban Ave South. During construction, an SUMMARY unforeseen 8" waterline connection near Gateway Dr was discovered and an existing water main that was thought to be 8 inches was actually 12 inches. Both of these circumstances required substantially more construction as well as construction management services. Council's approval is requested for Anchor QEA's Supplement No. 7 for $21,206.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/27/09 RECOMMENDATIONS: SPONSOR /ADMLN. Public Works COMMI1TFE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $21,206.00 $60,000.00 $0.00 Fund Source: 401.02 WATER FUND (PG. 79, 2008 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 Forward to Next Regular Meeting 06/15/09 MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandum dated 05/19/09 Supplemental Agreement No. 7 with Anchor QEA Minutes from the Utilities Committee meeting of 05/27/09 06/15/09 No Attachments COUNCIL AGENDA SYNOPSIS �J`� �11LA jv q�, Initials ITEM NO. O "g Z Meeting Date Prepared by I ttilayor'r review Council reiew, I 06/08/09 o I 06/15/09 I 7M 1•_ I Vyv)1 7 1901 ITEM INFORMATION CAS NUMBER: 09-080 I ORIGINAL AGENDA DATE: JUNE 8, 2009 AGENDA ITEM TITLE Standby Power Upgrades Year One Approval of Budget and Change Order No. 5 for $50,565.03 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 06/08/09 Mtg Date 06/15/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &.R Police PW SPONSOR'S This project installed standby generators at City Hall and Fire Station 52, 53, and 54. The SUMMARY three fire station generators have been successfully installed and tested. The City Hall location was found to be located in a stream buffer and needed to be relocated into the Police parking lot. The new site costs with other minor change orders total over the 10% contingency of $52,300.00. Council approval is needed for Change Order No. 5 in the amount of $50,565.03. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1'P: 05/27/09 RECOMMENDATIONS: SPONSOR /ADMEN. Public Works CO\•fli IITEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $50,565.03 $764,000.00 $0.00 Fund Source: 303 FACILITIES Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 Ford to Next Reaular Meeting 06/15/09 MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandum dated 05/14/09 Change Order No. 5 with Ebenal General, Inc. Minutes from the Utilities Committee meeting of 05/27/09 06/15/09 No Attachments COUNCIL AGENDA SYNOPSIS ,J 4 �jJ ILA j ITEM NO. Meeting Date I Prepared by I Mayor's review 1 Council review, O Z 1 1 06/08/09 7M I I i s 06/15/09 �f.{- I 44":1111%) I 1— 19o: I ITEM INFORMATION CAS NUMBER: 09-083 I ORIGINAL AGENDA DATE: JUNE 8, 2009 AGENDA ITEM TITLE Turnover of Public Infrastructure and Dedication of Right -of -Way Westfield Southcenter Mall CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other ibttg Date 06/08/09 Mtg Date 06/15/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adrit Svcs DCD Finance Fire Legal P&R Police PW" SPONSOR'S Accept turnover of the Westfield Mall's traffic signal and street improvements, water main SUMMARY and water meters, sanitary sewer and dedication of right -of -way from WEA Southcenter, Inc. The infrastructure is valued at $365,039.98. The dedication of right -of -way is pursuant to the development agreement and Westfield has received a credit in the amount of $846,240.00 against the traffic impact fees for the TUC Access (Klickitat) Project. Council is requested to accept turnover and dedication of right -of -way. REVIEWED BY 111 COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA1E: 06/01/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COI\IITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: I MTG. DATE 1 RECORD OF COUNCIL ACTION 06/08/09 (Forward to Next Regular Meeting 06/15/09 1 MTG. DATE I ATTACHMENTS 06/08/09 1 Informational Memorandum dated 05/27/09 Exhibit A Vicinity and Improvement Area Map Exhibit B Traffic Signal and Channelization Map Exhibit C Dedication of Right -of -Way Depiction Map Minutes from the Transportation Committee meeting of 06/01/09 06/15/09 INo Attachments COUNCIL AGENDA SYNOPSIS «h, Q r,ny Itutials ITEM NO. O i tlleetin Date 1 Prepared by Aria; o, i review Count-tile/item 05/11/09 1 MV 1 ---6-° 4141 06/15/09 I MV I A,. /.n. I ITEM INFORMATION I CAS NUMbeR: 09-062 I ORIGINAL AGENDA DATE: MAY 11, 2009 G :ND.\ ITI.NI TITLE King County Animal Control Option C.\"l•I Discussion Motion n Resolution Ordinance Bid Award Public Hearing Other 6/ 15J09 dttg Date 05/11/09 lltg ate w jl", Aft& Date ilftg Date llt3 Date lltg Date lfts Date (Sec )`SC )R Council illcyor Ant SrcIr DCD Finance Fire Legal P&R Police PTV SI'c "SC'R'S Currently, King County Animal Control and the City have an interlocal agreement that calls SUMMARY for 12 hours of supplemental animal control services per week. An amendment to the Interlocal for twenty (20) hours of services per week was not approved by Council on April 20, 2009. King County has offered an agreement that would provide ten (10) hours of dedicated animal control services in lieu of the current agreement. Council is being asked to review the city's options and provide policy direction to staff. RI a'I IAVI :D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1'E: RECOMMENDATIONS: SPONSOR /ADMIN. Police Department CO \1 \IITI'EE� COST IMPACT FUND SOURCE EXPI.,NDP111Rl RE`UIR1 D AMOUNT BUDGETED APPROPRIATION REQUIRED $46,400 $76,000 $0 Fund Source: GENERAL FUND Continents: Expenditure is for 7 months in 2009 and entirety of 2010. MTG. DATE RECORD OF COUNCIL ACTION I 4/20/09 (20) hour enhanced services agreement was not adopted 5/11/09 Forward to 6/15/09 Regular Meeting MTG. DATE ATTACHMENTS 5/11/09 Informational memorandum dated 5/6/09 Amendment to Interlocal Agreement (for 10 hours) in strike through format Interlocal Agreement with the City of SeaTac 6/15/09 Informational memorandum dated 6/9/09, to include Interlllocal Agreements for 20- hours; 10 ho.ur5� and Interlocal Agreement with SeaTac 4 t City of Tukwila Jim Haggerton, Mayor Q 1.1' 2 905 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Tukwila City Council FROM: Mike Villa, Assistant Chief of Police DATE: June 9, 2009 SUBJECT: King County Animal Control Services ISSUE The issue is the need for direction regarding supplemental animal control services in the City of Tukwila. BACKGROUND The City of Tukwila and King County entered into an Interlocal Agreement dated December 15, 1993 relating to the provision of animal control services within the City. In 1994 the Interlocal was amended. King County agreed to provide supplemental animal control service to average twelve (12) hours per week. In August of 2007 the City and King County amended the Interlocal Agreement from twelve hours per week to twenty (20) hours of dedicated animal services. King County was unable to provide the twenty hours of supplemental services during 2007 or 2008. Council revisited the issue during the April 13 and 20 council meetings and the twenty (20) hour amendment did not pass. King County proposed an amendment for ten (10) hours of dedicated animal services under the same conditions as set forth under the twenty (20) hour Interlocal Agreement. This went before the Council of the whole meeting on May 11. Council directed staff to bring the issue back to the June 15 Regular meeting. The twelve (12) hour agreement is still in affect. Both the twenty (20) hour Interlocal Agreement and the ten (10) hour agreement are options for consideration. DISCUSSION The City of Tukwila has four options as follows: 1) Continue under the current Interlocal agreement, 2) sign the ten (10) hour amendment, 3) sign the twenty (20) hour agreement, or 4) discontinue the supplemental services agreement with King County Animal Services. If the City signs either the ten (10) or twenty (20) hour Interlocal Agreement, King County will provide an animal control officer to work within SeaTac and Tukwila. The W:'2009 InfoMemos \AnimalControl infomemo to council June 15.doc INFORMATIONAL MEMO Page 2 City of Tukwila will receive a dedicated ten (10) hours or twenty (20) hours of services per week dependant on which Interlocal is signed. The dedicated officer shall have a special emphasis on, but not limited to, off -leash violations, barking dog complaints, potentially dangerous dogs, and provide special presentations at community events such as the Backyard Wildlife Habitat Fair and Tukwila Days. Annual estimated costs of the four options is as follows: 1) Continue under twelve (12) hour current agreement $37,440 2) Ten (10) hour agreement not to exceed 30,000 3) Twenty (20) hour agreement not to exceed $60,000 4) Discontinue enhanced service $0 The county fees include the use of the King County animal transport vehicle. RECOMMENDATION The Council is being asked to consider and select one of these options at the June 15, 2009 Regular Meeting. ATTACHMENTS Amendments to Interlocal Services Agreement (20 hours) with King County in strike through format Amendments to Interlocal Services Agreement (10 hours) with King County in strike through format Interlocal Services Agreement with the City of SeaTac (required if 1 of the above agreements is approved) W:12009 InfoMemos ■AnimalControl_infomemo to council June 15.doc O ours INTERLOCAL SERVICES AGREEMENT AMENDMENT Between the City of Tukwila and King County Regarding Animal Services and Programs This is an Amendment to the standing Interlocal Agreement between the City of Tukwila and King County. The Amendment is for supplemental animal control services between the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as the "City and King County, a home -rule charter county, a political subdivision of the State of Washington, hereinafter referred to as the "County WHEREAS, the City of Tukwila (City) and King County (County) entered into an Interlocal Agreement dated December 15, 1993 "the Interlocal Agreement relating to the provision of animal control services within the City; and WHEREAS, the City and County wish to amend the Interlocal Agreement to enable the County to continue to provide the City Tukwila with additional animal control services under an enhanced services program; NOW, in consideration of mutual covenants, the City and County hereby agree to amend the Interlocal Agreement by supplementing the Interlocal Agreement with the following provisions contained in each section: Section 1. Service Obligation A. The County shall provide supplemental animal control services in the form of an additional animal control officer dedicated to the City for an additional twenty (20) hours per week. This additional twenty (20) hours of services per week may be divided into more than one shift /day. This dedicated officer shall have a special emphasis on, but not limited to, off -leash violations, barking dog complaints, potentially dangerous dogs, and to provide special presentations at community events such as the Backyard Wildlife Habitat Fair and Tukwila Days. B. The scheduling of these additional service days will be determined by mutual agreement of the contract administrators of this supplemental service; however, days worked will routinely fall upon Wednesday, Thursday, Friday or Saturday. C. The additional animal control officer will be stationed within the City limits to respond to specific calls for service, perform routine patrols, communicate with City officials, and handle other related tasks as agreed to by the contract administrators of this supplemental service. D. The additional animal control officer will issue written warnings and citations at the discretion of the contract administrators of this supplemental service. Amendment Interlocal Agreement Between City of SeaTac and King County Regarding Animal Services Page 1 o 4 E. The additional animal control officer will appear in court on the City's behalf when necessary. F. The County shall provide the City with a general monthly calendar of scheduled service in Tukwila, and a monthly report of the types of services offered and perfo�nied. G. The County shall submit to the City an invoice and billing voucher at the end of each quarter. During the 4th quarter of 2007, a final invoice shall be submitted to the City no later than December 15, 2007. H. The City may provide the additional animal control officer with a City vehicle to perfoliu the supplemental animal control services or make— zfrangements for a s the City may contract with the County to provide a vehicle for the additional animal control officer at additional expense to the City. Section 2. Compensation. In consideration for the supplemental services provided by the County as set forth herein, the City promises to pay the County for the hours of animal control officer work at the hourly rate of S.3..19 (overtime rate is 557,5Q; holiday rat is S7-677-8- .t S38.3- Nat to e use-e-d $35,0440-per yoaf as set forth below: A. Hourly Rates for Additional Animal Control Officer When Total Hours Worked Equal 40 Hours Per Week (Full Time): The parties agree and anticipate that the City will share the cost of the additional animal control officer with another city or cities so that the additional animal control officer's work schedule will total at least forty (40) hours per week or full -time status. The hourly rate for the additional animal control officer at full -time use (40 hours per week) by either Tukwila solely or in conjunction with another city or cities shall be as follows: 1 2009 Base Hourly Rate 1 546.75 1 2009 Overtime Hourly Rate 1 542.99 1 2009 Holiday Hourly Rate 1 556.52 1 B. Hourly Rates for Additional Animal Control Officer When Total Hours Worked Equal Less than 40 Hours Per Week (Less than Full- Time): In the event another city or cities no longer share the cost of the additional animal control officer with Tukwila and thereby causes the additional animal control officer's work schedule to be less than forty (40) hours per week or less than full -time status, then the rates for enhanced service to Tukwila will increase. The hourly rates for the additional animal control officer at less than full -time usage are as follows: Amendment Interlocal Agreement Between City of SeaTac and King County Regarding. Animal Services Page 2of 4 2009 Base Hourly Rate for 20 hours per $56.72 week 2009 Base Hourly Rate for 25 hours per $51.83 week 2009 Base Hourly Rate for 30 hours per $50.63 week 2009 Overtime Hourly Rate 1 $42.99 1 1 2009 Holiday Hourly Rate 1 $56.52 1 C. The overtime rates are lower than the base rates because many program costs other than salary are captured in the base rate and are therefore not billed in the overtime rate. D. In addition to the cost of the additional animal control officer as set forth above, the City shall pay the County a monthly rate for the use of the County's animal control vehicles. The monthly rate for use of the animal control vehicle shall be proportionate to the City's usage of the vehicle for enhanced services as set forth in this Amendment. The full 2009 monthly rate for use of the animal transport truck is $1,080; and the full 2009 monthly rate for use of the standard vehicle is $285. E. The total annual compensation amount to be paid under this Agreement for the Animal Control Officer and vehicle shall not exceed the total of sixty thousand dollars ($60,000) per year. Section 3. Contract Administrators. For purposes of these supplemental services, the contract administrators shall be the City Administrator or a designee and the King County Animal Care and Control Manager or designee. Section 4. Other Portions of the Agreement Unaffected. Except as specifically stated herein, all other portions of the Interlocal Agreement shall remain in place and are unaffected by this Amendment. Further, except as specifically stated herein, all portions of the Interlocal Agreement shall apply to the sections of this Amendment. Section 5. Previous Amendments. All previous amendments to the Interlocal Agreement for enhanced or supplemental animal control services are terminated. Section 6. Discontinuation of Supplemental Services. The County or City may discontinue the provision of supplemental services authorized by this agreement with or without cause upon providing thirty -days written notice. Amendment Interlocal Agreement Between City of SeaTac and King County Regarding Animal Services Page 3of 4 Section 7. Effective Date. This Amendment shall be effective upon the date last signed below. IN WITNESS WHEREOF, the parties have executed this agreement. CITY OF TUKWILA KING COUNTY Jim Haggerton Date Ron Sims Date Mayor King County Executive Approved as to foiiu: Approved as to foiiii: City Attorney Date Deputy Prosecuting Attorney Date Amendment Interlocal Agreement Between City of SeaTac and King County Regarding Animal Services Page 4of 4 0 1 G u, -5 INTERLOCAL SERVICES AGREEMENT AMENDMENT Between the City of Tukwila and King County Regarding Animal Services and Programs This is an Amendment to the standing Interlocal Agreement between the City of Tukwila and King County. The Amendment is for supplemental animal control services between the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as the "City and King County, a home -rule charter county, a political subdivision of the State of Washington, hereinafter referred to as the "County WHEREAS, the City of Tukwila (City) and King County (County) entered into an Interlocal Agreement dated December 15, 1993 "the Interlocal Agreement relating to the provision of animal control services within the City; and WHEREAS, the City and County wish to amend the Interlocal Agreement to enable the County to continue to provide the City Tukwila with additional animal control services under an enhanced services program; NOW, in consideration of mutual covenants, the City and County hereby agree to amend the Interlocal Agreement by supplementing the Interlocal Agreement with the following provisions contained in each section: Section 1. Service Obligation A. The County shall provide supplemental animal control services in the foini of an additional animal control officer dedicated to the City for an additional ten (10) hours per week. This additional ten (10) hours of services per week may be divided into more than one shift/day. This dedicated officer shall have a special emphasis on, but not limited to, off -leash violations, barking dog complaints, potentially dangerous dogs, and to provide special presentations at community events such as the Backyard Wildlife Habitat Fair and Tukwila Days. B. The scheduling of these additional service days will be determined by mutual agreement of the contract administrators of this supplemental service; however, days worked will routinely fall upon Wednesday, Thursday, Friday or Saturday. C. The additional animal control officer will be stationed within the City limits to respond to specific calls for service, perform routine patrols, communicate with City officials, and handle other related tasks as agreed to by the contract administrators of this supplemental service. D. The additional animal control officer will issue written warnings and citations at the discretion of the contract administrators of this supplemental service. E. The additional animal control officer will appear in court on the City's behalf when necessary. Amendment Interlocal Agreement Between City of SeaTac and King County Regarding Animal Services Page 1 of 3 F. The County shall provide the City with a general monthly calendar of scheduled service in Tukwila, and a monthly report of the types of services offered and performed. G. The County shall submit to the City an invoice and billing voucher at the end of each quarter. During the 4 quarter of 2007, a final invoice shall be submitted to the City no later than December 15, 2007. H. The City may provide the additional animal control officer with a City vehicle to perfoini the supplemental animal control services or make arrangements for a vehicle for the additional animal control officer to us the City may contract with the County to provide a vehicle for the additional animal control officer at additional expense to the City. Section 2. Compensation. In consideration for the supplemental services provided by the County as set forth herein, the City promises to pay the County for the hours of animal control officer work at the hourly rate of 53Q.39 (overtime rate is $57,5Q; holiday rate is 576.78 plus an additional .t $38.r). Not to cxae-e-d S.3 -5,000 per year. as set forth below: A. Hourly Rates for Additional Animal Control Officer When Total Hours Worked Equal 40 Hours Per Week (Full Time): The parties agree and anticipate that the City will share the cost of the additional animal control officer with another city(s) or agency(s) so that the additional animal control officer's work schedule will total at least forty (40) hours per week or full time status. The hourly rate for the additional animal control officer at full -time use (40 hours per week) by either Tukwila solely or in conjunction with other city(s) or agency(s) shall be as follows: 1 2009 Base Hourly Rate 546.75 1 1 2009 Overtime Hourly Rate 542.99 2009 Holiday Hourly Rate 1 556.52 B. Hourly Rates for Additional Animal Control Officer When Total Hours Worked Equal Less than 40 Hours Per Week (Less than Full- Time): In the event another city or cities no longer share the cost of the additional animal control officer with Tukwila and thereby causes the additional animal control officer's work schedule to be less than forty (40) hours per week or less than full time status, then the rates for enhanced service to Tukwila will increase. The hourly rates for the additional animal control officer at less than full -time usage are as follows: 2009 Base Hourly Rate for 20 hours per 556.72 week 2009 Base Hourly Rate for 25 hours per 551.83 week 2009 Base Hourly Rate for 30 hours per 550.63 week 1 2009 Overtime Hourly Rate 1 542.99 1 1 2009 Holiday Hourly Rate 1 556.52 Amendment Interlocal Agreement Between City of SeaTac and King County Regarding Animal Services Page 2of 3 C. The overtime rates are lower than the base rates because many program costs other than salary are captured in the base rate and are therefore not billed in the overtime rate. D. In addition to the cost of the additional animal control officer as set forth above, the City shall pay the County a monthly rate for the use of the County's animal control vehicles. The monthly rate for use of the animal control vehicle shall be proportionate to the City's usage of the vehicle for enhanced services as set forth in this Amendment. The full 2009 monthly rate for use of the animal transport truck is $1,080; and the full 2009 monthly rate for use of the standard vehicle is $285. At ten (10) hours per week the monthly rate is $270 for the animal transport truck. E. The total annual compensation amount to be paid under this Agreement for the Animal Control Officer and vehicle shall not exceed the total of thirty thousand dollars ($30,000) per year. Section 3. Contract Administrators. For purposes of these supplemental services, the contract administrators shall be the City Administrator or a designee and the King County Animal Care and Control Manager or designee. Section 4. Other Portions of the Agreement Unaffected. Except as specifically stated herein, all other portions of the Interlocal Agreement shall remain in place and are unaffected by this Amendment. Further, except as specifically stated herein, all portions of the Interlocal Agreement shall apply to the sections of this Amendment. Section 5. Previous Amendments. All previous amendments to the Interlocal Agreement for enhanced or supplemental animal control services are teiminated. Section 6. Discontinuation of Supplemental Services. The County or City may discontinue the provision of supplemental services authorized by this agreement with or without cause upon providing thirty -days written notice. Section 7. Effective Date. This Amendment shall be effective upon the date last signed below. IN WITNESS WHEREOF, the parties have executed this agreement. CITY OF TUKWILA KING COUNTY Jim Haggerton Date Ron Sims Date Mayor King County Executive Approved as to foul': Approved as to form: City Attorney Date Deputy Prosecuting Attorney Date Amendment Interlocal Agreement Between City of SeaTac and King County Regarding Animal Services Page 3of 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA, THE CITY OF SEATAC, AND KING COUNTY REGARDING ENHANCED ANIMAL CONTROL SERVICES THIS AGREEMENT is made by and between the City of Tukwila, a municipal corporation of the State of Washington; and the City of SeaTac, a municipal corporation of the State of Washington; and King County, a home rule charter county and political subdivision of the State of Washington, for the purposes of cooperation and coordination regarding enhanced animal control services provided by King County within the jurisdictions of Tukwila and SeaTac. WHEREAS, each of the parties hereto has an interest in responsive and effective animal control services; and WHEREAS, the City of Tukwila and the City of SeaTac both contract with King County for standard animal control services and enhanced (additional) animal control services; and WHEREAS, in the event of an animal related incident that has the potential for significant injury to a citizen or animal, all parties desire the quickest and most effective response from the King County enhanced services animal control officer; and WHEREAS, the city boundaries of Tukwila and SeaTac are directly adjacent and their communities are closely aligned; and WHEREAS, all parties to this Agreement have deteiiiiined that it is in the best interests of all parties to set forth guidelines for providing priority animal control response and mutual aid to each city in the case of an animal- related incident with the potential for significant injury to a citizen or animal; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. PURPOSE. The stated purpose of the Interlocal Agreement is to provide priority response and mutual aid to the cities for additional/enhanced animal control services in the event of an emergency animal control incident. Section 2. DEFINITION. For the purpose of this Agreement, an emergency animal control incident shall mean an animal related incident with the potential for significant injury to a citizen or animal. Additional/enhanced services Animal Control Officer references the King County Animal Control Officer that shall provide supplemental animal control services in the form of additional hours of service dedicated to the respective City under the provisions of an Amendment to the Interlocal Services Agreement. Section 3. REQUEST FOR ASSISTANCE. The Police Chief or his/her designee may request that the additional/enhanced services Animal Control Officer terminate normal service in the other parties' jurisdiction and respond immediately if confronted with an animal- related incident with the potential for significant injury to a citizen or animal. Interlocal Agreement Between the City of Tukwila, City of SeaTac and King County Regarding Enhanced Animal Control Services Page 1 of 2 Section 4. COMPENSATION. The City of Tukwila and the City of SeaTac agree that if either city invokes the mutual aid agreement as set forth herein by requesting assistance and taking the additional/enhanced services Animal Control Officer away from contracted service in the other City's jurisdiction, then the requesting City will relinquish an amount of supplemental or enhanced animal control service time to the other city equal to the amount of service time spent on the emergency call or mutual aid request. This reimbursement of additional/enhanced service time shall occur as soon as practical. Section 5. TERiMINATION. This Agreement shall remain in full force and effect until terminated by any party. A party desiring to tei inate this Agreement shall serve written notice upon all other parties of its intention to telininate this Agreement. Such notice shall be served not less than thirty (30) calendar days prior to the termination date set forth in said written notice. Said written notice shall automatically teiiiiinate this Agreement on the date specified therein unless rescinded prior in writing. Section 6. EFFECTIVE DATE. This Agreement shall be effective upon the date last signed below. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF SEATAC KING COUNTY Craig Ward Date Ron Sims Date City Manager King County Executive Approved as to faun: Approved as to foiiii: City Attorney Date Prosecuting Attorney Date CITY OF TUKWILA Jim Haggerton Date Mayor Approved as to foam: City Attorney Date Interlocal Agreement Between the City of Tukwila, City of SeaTac and King County Regarding Enhanced Animal Control Services Page 2 of 2 COUNCIL AGENDA SYNOPSIS �ItLA Initials tial� ITEM NO. NcS. Meeting Date 1 Prepared by Mayor's review Council review 1 I 06/08/09 1 LV 1 A. L. 1 11.1' Q �1 1 06/ 15/09 LV I I anti^ I 1 90' 1 1 ITEM INFORMATION I CAS NUMBER: 09-084 I ORIGINAL, AGENDA DATE: JUNE 8, 2009 AG \D:\ ITI ?m Trrl11 An Ordinance amending Ordinance 2111 regarding vesting to previous traffic impact fees if applicant is in formal negotiations on a development agreement C.Vl IiGORY Discussion Motion Resolution Ordinance BidAniald Public Hearin?, Other dltg Date 06/08/09 Mtg Date ilitg Date illtgDate 06/15/09 AN Date %Itg Date Al g Date I SPC )NSt )R I I Council Mgyor Aoki Svcs ®DCD Finance Fire Legal P &R Police U PLY/ SPONSOR'S Ordinance 2111 contains a provision that vests an applicant to the previous traffic impact SI'•`I.` \R fees if the applicant is in formal negotiations on a development agreement with the City; this provision is no longer needed because La Pianta has agreed to accept the traffic impact fees that are current at the time a Tukwila South Project development application is submitted to the City. Council is asked to adopt a new ordinance amending Ordinance 2111 by deleting TMC Section 9.48.140.2. Ri i i \\'i T) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAIE: Tukwila South Project No Committee Review RECOMMENDATIONS: SPONSOR /ADMIN. Mayor recommends approval CC )MMI1TEE COST IMPACT FUND SOURCE E \PI \DI11'RI REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 1 06/08/09 'Forward to Next Regular Meeting 06/15/09 1 1 1 1 1 MTG. DATE I ATTACHMENTS 06/08/09 1 Informational Memorandum dated 06/08/09 Ordinance #2111 Ordinance in draft form 06/15/09 1 0rdinancP in Final Form• with suggested changes from 6/8/09 meeting. 1 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2111 &1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE 9.48.140, REGARDING CRITERIA FOR VESTING TO PREVIOUS TRAFFIC IMPACT FEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2111, adopted on December 5, 2005, amended TMC Chapter 9.48, "Concurrency Standards and Transportation Impact Fees," to add a new Section 9.48.140, "Vesting," allowing applicants to be vested to the previous traffic impact fees if they meet one of the following three criteria: 1. Submitted a building permit application that the City has deemed complete, or 2. Entered into formal negotiations with the City for a specific project for a development agreement in accordance with RCW 36.70B.170 through 36.70B.210, or 3. Have a signed agreement that is still in effect with the City addressing traffic concurrency and impact fees; and WHEREAS, TMC 9.48.140(2) was included in anticipation of the City concluding negotiations on a for development agreements that were in process at the time and with La Pianta LLC for thc pu pcse c_`—ensofing that traffic impact _fees applicable to the Tukwila South Projcct would not be changed at that point in thc negotiations WHEREAS, in the spring of 2009, thc City concluded a development agreement—with La Pianta LLC and as part of thc negotiations, La Pianta LLC a removing any need for TMC 9.18.110(2); and WHEREAS, development agreements that were then pending have now been concluded; and WHEREAS, the City Council believes there is no further reason to include this criterion in determining vesting to the previous schedule of traffic impact fees, and the ordinance should be amended to remove TMC 9.48.140(2); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Amendment of Ordinance 2111. Ordinance Ns. 2111 is hereby amended K. traffic impact fees snly if they meet one of the following two criteria: Section 1. Ordinance Amended. Ordinance No. 2111, as codified at TMC 9.48.140, is hereby amended to read as follows: 9.48.140 Vesting. Applicants shall be vested under the laws, rules and other regulations in effect prior to the effective date of this ordinance if they have, prior to the effective date of this ordinance: W: \Word Processing Ordinances Tukwila South Traffic Impact Fees Amend.doc LV:ksn 06/10 /2009 Page 1 of 2 1. Submitted a building permit application that the City has deemed complete, or 2. Entered into formal negotiations with the City for: a specific project for a development agreement in accordance with RCW 25 70B.170 through 36. 23. Have a signed agreement that is still in effect with the City addressing traffic concurrency and impact fees. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: W:\ Word :..,.wing\ Ordinances \Tukwila South Traffic Impact Fees Amend.doc LV:ksn 06/10/2009 Page 2 of 2 IGLIa r' :O,4 T %��i2� u `i 7908 j City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2111 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE 9.48.140, REGARDING CRITERIA FOR VESTING TO PREVIOUS TRAFFIC IMPACT FEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2111, adopted on December 5, 2005, amended TMC Chapter 9.48, "Concurrency Standards and Transportation Impact Fees," to add a new Section 9.48.140, "Vesting," allowing applicants to be vested to the previous traffic impact fees if they meet one of the following three criteria: 1. Submitted a building permit application that the City has deemed complete, or 2. Entered into formal negotiations with the City for a specific project for a development agreement in accordance with RCW 36.70B.170 through 36.70B.210, or 3. Have a signed agreement that is still in effect with the City addressing traffic concurrency and impact fees; and WHEREAS, TMC 9.48.140(2) was included in anticipation of the City concluding negotiations for development agreements that were in process at the time; and WHEREAS, development agreements that were then pending have now been concluded; and WHEREAS, the City Council believes there is no further reason to include this criterion in determining vesting to the previous schedule of traffic impact fees, and the ordinance should be amended to remove TMC 9.48.140(2); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 2111, as codified at TMC 9.48.140, is hereby amended to read as follows: 9.48.140 Vesting. Applicants shall be vested under the laws, rules and other regulations in effect prior to the effective date of this ordinance if they have, prior to the effective date of this ordinance: 1. Submitted a building permit application that the City has deemed complete, or 2. Have a signed agreement that is still in effect with the City addressing traffic concurrency and impact fees. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre W:\ Word Processing Ordinances Tukwila South Traffic Impact Fees Amend.doc LV:ksn 06/10/2009 Page 1 of 2 emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CfIY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: W: \Word Processing\ Ordinances \Tuk i laSouthTrafficImpactFees Amend.doc LV:ksn 06 /10/2009 Page 2 of 2 Upcoming Meetings Events JUNE 2009 15th (Monday) 16th (Tuesday) 17th (Wednesday) 18th (Thursday) 19th (Friday) 20th (Saturday) Transportation Finance Parks Crime Hot Spots Human Grate Safety Cmte, Commission, Task Force Mtg., Services Tukwila Int'I. Blvd. CANCELLED 5:00 PM 5:30 PM 10:00 AM Providers, Action Cmte's (CR 43) (Community (CR 95) 11:30 Am Trash Pickup Day Center) (Community 9:00 10:00 AM City Council Domestic Center) For location contact Rick Regular Mtg., ➢Library Violence Task at rick_'^�orschler.org 7:00 PM Advisory Force, [This month's trash (Council Board, 12:00 NOON pickup day moved to Chambers) 7:00 PM (Human Svcs. Plein Air June 20, 2009.] (Foster Library) ffi C2) Paint Out Teen Summer Events Kick -Off Festival "Quick Draw" 12:00 NOON 5:00 PM even! 4:00 to 6:00 PM FREE fun for grades 6 to 12 including a ✓uried show of DJ, skateboard and all paintings roller blade demo, 6:00 to 8:00 PM inflatable obstacle Community Center course and more! Tukwila Historical Society, 7:00 PM (George Long facility) A Tukwila Centennial event: E- Plein Air Paint Out Artists from throughout the Northwest will paint S t outdoor scenes of Tukwila locations. The event will take place over 7 days, and culminate in a juried show at the n 1 Tukwila Community Center on June 19. 22nd (Monday) 23rd (Tuesday) 24th (Wednesday) 25th (Thursday) 26th (Friday) 27th (Saturday) Community Utilities COPCAB, Planning ROC N gULG Affairs Cmte, 6 :30 PM Commission, Parks Cmte, 5:00 PM (CR 45) 7:00 PM 5:00 PM (CR 91) (Council Marathon and 1/2 (CR 93) Chambers) Marathon start in Tukwila at 7:00 AM City Council -1../.r rn Court www.rseattle.com for Committee of road closure information the Whole or sign up to volunteer! Nita., v 7:OO F E (Council r Chambers) F 1 C.O.W. to be r =3 1 immediately C z followed by a Special Meeting 4 Annual Curbside Clean -up Event Week of June 22 through 26 Available to single family and duplex home residents who are customers ofAllied Waste. Cl y Place items out with your trash on your regular pickup day this week, and they will be collected for free! Click on "Headlines" link at www.ci.tukwila.wa.us for brochure with restrictions and other guidelines (or call 206- 682 9735). City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Crime Hot Spots Task Force: 3rd Thurs., 10:00 Am, Conf. Room 95. Contact Phi Huynh at 206 -433 -7175. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Human Services Office. Contact Stacy Hansen at 206 -433 -7181. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room -3. Agenda items for 6/16/09 meeting: (A) Fire Department donation of boat and motor to a department in Guatemala. (B) Expenditure request regarding change to black and white police vehicles. (C) Proposed change to police organizational structure. >Human Services Providers: Quarterly, 11:30 AM, TCC (2009 3/20, 6/19, 9/18, and 12/4). Contact Stacy Hansen at 206 433 -7181. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 -767 -2342. >Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 -767 -2342. Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 91. 6/15/09 meeting has been cancelled. Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860. Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. June 1 8 15 22 29 Special Presentation: Fifth Monday of the See agenda packet YMCA presentation month —no Council cover sheet for this (Claudia Tanis, Executive meeting scheduled week's agenda Director, and Amy White, (June 15, 2009 Financial Development Regular Meeting) Director) Special Issues: Contract Change Order No. 1 for side sewer installation at 13905 51st Ave. S. Resolution rejecting bids for Codiga Park CERB contract COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEE I ING J 6 13 20 27 3rd Special Presentation: Public Hearing: Independence Day Update from Shoreline Master (observed) Martin J. Durkan Program update and (City offices closed) Appointments: environmental review Equity Diversity (continued from Commission April 20, 2009) Unfinished Business: Contract Change Order No. 1 for side sewer installation at 13905 51st Ave. S. Resolution rejecting bids for Codiga Park CERB contract August 3 10 17 24 31- Special Presentation: Fifth Monday of the King County Sexual month —no Council Assault Resource meeting scheduled Center CO\lbll 11 tt OF THE WHOLE ivIrEETING TO BE FOLLOWED BY A SPECIAL MEETING