HomeMy WebLinkAbout2009-09-28 Committee of the Whole MinutesOFFICIALS
CITY OFFICIALS
SPECIAL PRESENTATIONS
b. Duwamish Tribe update.
Tukwila City Council Committee of the Whole Meeting
City Hall Council Chambers September 28, 2009 7:00 P.M.
CALL TO ORDER /PLEDGE OF ALLEGIANCE
a. Update on Tukwila Pantry.
MINUTES
Council President Hernandez called the Tukwila City Council meeting to order at 7:08 p.m.
Members of the 2008 Tukwila Elementary School Color Guard led the audience in the Pledge of
Allegiance.
Present were Joan Hernandez, Council President, Councilmembers Joe Duffie, Pam Linder,
Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn.
Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Bob Giberson, Interim Public Works Director;
Hillman Mitchell, Emergency Management Coordinator; Shawn Hunstock, Finance Director; Peggy
McCarthy, Deputy Finance Director; David Haynes, Police Chief; Jack Pace, Community Development
Director; Mary Miotke, Information Technology Director; Derek Speck, Economic Development
Administrator; Katherine Kertzman, Tourism and Marketing Manager; Lisa Verner, Project Manager;
Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk.
Joe Tice, Tukwila Pantry Executive Director, indicated the Tukwila Pantry has served approximately 4,252
residents in 2009. Mr. Tice explained that equals a 14% increase in Tukwila residents utilizing the
services the food bank provides. He expressed gratitude for the proclamation declaring September 26,
2009 as the Mayor's Day of Concern for the Hungry in the City of Tukwila, and thanked the City for the
continued support of the Tukwila Pantry.
The Councilmembers thanked Mr. Tice for the services the Tukwila Pantry provides to the community.
Cecil Hansen, Tribal Chairwoman of the Duwamish Tribe, explained the Tribe is still trying to receive
recognition on the Federal Tribal Registrar. Representative Jim McDermott has sponsored Congressional
Bill H.R. 2678, The Duwamish Tribal Recognition Act, which would extend federal regulations to the
Duwamish Tribe. This would make the Tribe and its members eligible for all services and benefits
provided by the federal government to federally- recognized tribes. Ms. Hansen indicated she has
testified at the House Natural Resources Committee meeting, and the Tribe's legal counsel has
requested a delay in the hearings so the tribe can raise the necessary funds for expert witness testimony.
The Tribe will hold a fundraising event at the Duwamish Longhouse on October 24, 2009. Ms. Hansen
introduced Louise Jones Brown, the Gala event coordinator.
Ms. Jones -Brown provided sponsorship information and invitations to the Councilmembers for the June 5,
2010 annual Gala and Art Auction. She indicated this fundraising event supports the programs offered by
the Duwamish Tribe and the operational costs associated with the longhouse.
Tukwila City Council Committee of the Whole Minutes
September 28, 2009 Page 2 of 7
PROCLAMATIONS
a. Proclamation declaring September 28, 2009 as "Tukwila's First Nation Day."
Mayor Haggerton read a proclamation declaring September 28, 2009 as "Tukwila's First Nation Day."
The City of Tukwila, in the spirit of honor and friendship, supports justice to the Duwamish people and
respects their efforts of recognition and restoration.
CITIZEN COMMENTS
R. Emmet Farrell, 3829 South 140 Street, expressed his opposition to the demolition of the log cabin the
City owns on South 140 Street. The cabin has a long history in the area, and he feels with some minor
repairs the cabin could be a viable rental property for the City.
PUBLIC HEARING
a. An ordinance amending various ordinances as codified at various chapters of Tukwila
Municipal Code Title 8, Title 17 and Title 18, to clarify and update the Zoning Code.
7:35 p.m. Council President Hernandez opened the Public Hearing
Jack Pace, Community Development Director, indicated the proposed changes to the Tukwila Municipal
Code vary from code clarification to updating development regulations and permit processes.
There were no public comments.
7:36 p.m. Council President Hernandez closed the Public Hearing
SPECIAL ISSUES
a. An ordinance amending various ordinances as codified at various chapters of Tukwila
Municipal Code Title 8, Title 17 and Title 18, to clarify and update the Zoning Code.
Councilmember Griffin indicated this item was discussed at the Community Affairs and Parks Committee
meeting on September 14, 2009. The committee members were unanimous in recommending approval.
Mr. Pace indicated the Washington Cities Insurance Authority (WCIA) recommends that the Hearing
Examiner, as opposed to the Planning Commission and the City Council, make all quasi judicial
decisions. Based on those recommendations, staff has updated Title 18, Zoning Code, to reflect those
changes.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
b. Update on latest developments regarding potential flooding due to issues regarding the Howard
Hanson Dam.
Hillman Mitchell, Emergency Management Coordinator, indicated the water reservoir abutment at the
Howard Hanson Dam is seeping at an excessive rate. The Corps of Engineers is currently installing a
new grout curtain and additional wells and drainage tunnels, with an anticipated completion date of
November 1, 2009. These additions will aid in drainage so as not to create uncontrolled abutment
erosion.
Mr. Mitchell provided a PowerPoint presentation on the following updated information:
Workplace and personal preparedness
o Be aware and stay informed
o Be prepared; have a plan
o Take action and get involved
U.S. Army Corps of Engineers Water Management Directions
Tukwila City Council Committee of the Whole Minutes
September 28, 2009 Page 3 of 7
o The Corps of Engineers will not jeopardize the Dam structure
o The reservoir will be kept "empty"; any water emptying into the reservoir will immediately
be released
o The river will be run hard and long
Flooding Scenarios
o Overtopping of banks and levees
o Debris flow
o Degradation of banks and levees
o Levee catastrophic failure caused by structure failure
Potential Impacts
o Inundation
o Evacuation
o Infrastructure disruption, cascading effects
o Sustainable sheltering
o Re- occupancy challenges
Infrastructure Impact
o Transportation
o Power
o Telecommunications
o Waste water
o Fuel, food and medical
City Activities
o Community meetings
Six meetings have been scheduled; four residential and two business
Six additional business outreach meetings are being finalized
o Raising the levees an additional three feet as requested by the Corps of Engineers on
September 22, 2009
o Enhanced stormwater systems
o Secondary containment systems
Mitigation efforts
o Identification and bolstering vulnerable levees
o Improvement of surface water systems
o Training and exercises
o Prepositioning response materials and equipment
On September 22, 2009, the Corps of Engineers requested certain levees be increased in height. The
City has chosen to utilize two different systems, the Super Sacks and a Hesco System. Governor
Gregoire has also made a request for additional atmospheric detection equipment for the area. An
Atmospheric River Observatory (ARO) would monitor key atmospheric river and precipitation
characteristics. Additional ARO observation systems could include a wind profiler, S -band radar, and rain
gauges.
King County has updated the transportation section of their website to include information pertaining to
road closures due to flooding. Road closures due to flooding alerts are very important in that the
information provided will aid residents and businesses with safe routes and evacuation. The county, with
the assistance of the valley cities, has implemented the Regional Resource Inventory. Each city has
provided a list of city -owned equipment available for use during an emergency.
Mr. Mitchell indicated the information available changes daily, and the outreach meetings the City is
conducting is the best way to get the most current and up -to -date information. He also stated that once
the heavy rains begin and the water flow reaches 9,000 cubic feet per second, staff would resume
walking the levees to monitor the areas.
Council President Hernandez asked for citizen comments.
Georgina Kerr, 3836 South 116 Street, indicated she lives along the Duwamish River and she would like
clarification on the statement that the area north of 405 is not an area of concern. She indicated there is
a lot of bank erosion in the Duwamish /Allentown area. The presentation indicates the flow of the river will
Tukwila City Council Committee of the Whole Minutes
September 28, 2009 Page 4 of 7
increase and this will cause the bank to erode more quickly. She requested information on how the City
has prepared to correct the erosion problem.
Mr. Mitchell explained the area north of Interstate 405 is protected by a Corps of Engineers certified levee
system. This means the City cannot make any changes or take any action without permission from the
Corps of Engineers. The area north of 1 -405 is where the river changes from the Green River to the
Duwamish River, and it changes demographics. The river widens, the depth increases, the direction
changes, and it becomes tidal. This means the control of the flow is due to the tides. He also indicated
the concern for flooding in the Duwamish /Allentown area is from the non working surface water drainage.
Staff has been reviewing the storm drainage system and working with property owners to resolve the
problems. As for the issue with riverbank erosion, those banks are private property, and the property
owner would be responsible for repairs. If a property owner needs to make repairs, they would need to
contact the Planning Department and acquire the proper permits for any work within the shoreline.
Joanne McManus, 5610 South 133 Street, requested clarification on the danger of possible flooding
along the area of Foster Point.
Mr. Mitchell indicated the area of Foster Point is very vulnerable to possible flooding. The area is
privately owned and the staff is currently researching the available preventive options for the property
owners.
David Haynes, Police Chief, indicated citizens should review their homeowner insurance policies
regarding sewage backup. The addition of sewage backup protection would aid homeowners with costly
repairs that are not due to floodwaters, yet are an effect of the flood.
Councilmember Duffie inquired about how much notice the residents would have to evacuate and how
they would receive the notification.
Mr. Mitchell indicated staff intends to provide residents and businesses 36 -hours notice. However, should
a catastrophic event occur, such as a complete levee breach, an all- hazard alert siren would sound. The
all- hazard alert siren would be installed at Fire Station 51. He also stated the City has requested an
airborne Levee Condition Assessment Technology (LevCAT), which is a fly -over of the levees that would
capture the levee under the surface of the levee. This technology provides the capability to assess levee
conditions during non crisis times, to establish baseline conditions for tracking future changes, and for
planning levee repairs preemptively before levees fail and flooding occurs.
Councilmember Linder expressed concern about necessary information reaching the citizens in a timely
manner.
Mr. Mitchell indicated some of the valley cities have made claims about strategies or preventative
measures in the media that have turned out to be inaccurate. He explained that Tukwila is very careful to
ensure the information provided is correct. Staff has been working behind the scenes with the Corps of
Engineers and King County toward finalizing the City's Flood Plan.
Councilmember Linder stressed the importance of the citizens being made aware of what might be going
on behind the scenes.
Councilmember Robertson indicated it had been stated the grout curtain should be complete by
November 1, 2009, and asked if the Corps of Engineers will perform testing on the area to check for
seepage once the project is complete. Mr. Robertson also inquired about the water levels in the reservoir
and who will determine the water levels.
Mr. Mitchell indicated the contractor is testing the area at the same time as the grout curtain is being
installed. He also explained the reservoir water level is an operational decision to be made by the Corps
of Engineers.
Councilmember Robertson requested a copy of the Flood Plan be provided to the Council for review. The
Council needs to ensure the required funding is made available to implement the plan.
Tukwila City Council Committee of the Whole Minutes
September 28, 2009 Page 5 of 7
Mr. Mitchell indicated the Flood Plan is almost complete and should be available by November 1, 2009.
Councilmember Hougardy inquired about the locations of all flap gates in the area.
Bob Giberson, Interim Public Works Director, indicated the Public Works Department has a list of the flap
gates in the area. Citizens are encouraged to visit the Public Works counter and speak with staff about
any flap gate concerns.
Councilmember Hougardy suggested a special edition of the City newsletter, The Hazelnut, be published
with the new information related to the possible flooding.
The Councilmembers reached consensus to have staff publish a special edition of The Hazelnut
regarding flooding issues.
Councilmember Quinn suggested the information be provided to the School District so that it could be
sent home with the students. He also requested the plan be made available for everyone as soon as
possible. He thanked Mr. Mitchell for the presentation and all the information he has provided.
Rhonda Berry, City Administrator, indicated Mr. Mitchell is performing the work of several people. A new
communication method the City will be utilizing involves radio ads with KJR. Staff also has been in
contact with the Tukwila School District, and they have been discussing how best to distribute flood
preparation information to the students and their families. In addition to the several City of Tukwila
outreach meetings for residents and businesses, the City of Kent will host two additional meetings at the
ShoWare Center.
Mayor Haggerton indicated the data that has been presented to the Council is the most current
information available. Now that the legislature has embraced the severity of this issue, the equipment
requests are being approved, and action is being taken.
9:25 p.m. Council President Hernandez declared a brief recess.
9:31 p.m. Council President Hernandez reconvened the Committee of the Whole meeting.
c. A resolution authorizing the cancellation of outstanding claims.
Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting
on September 22, 2009. The committee members were unanimous in recommending approval.
This resolution authorizes the cancellation of outstanding claims (unclaimed property). The unclaimed
property will be remitted to the Department of Revenue. This is an annual process authorizing remittance
of unclaimed property to the Washington State Department of Revenue.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
d. A resolution opposing Initiative 1033. Title of 1 -1033: "This measure would limit growth of
certain state, county and city revenue to annual inflation and population growth, not including
voter approved revenue increases. Revenue collected above the limit would reduce property tax
levies." It will be presented to the voters at the general election on November 3, 2009.
Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting
on September 22, 2009. The committee members were unanimous in recommending approval.
The resolution expresses the City Council's opposition to Initiative 1033, to be on the November 3, 2009
General Election ballot. The initiative would limit growth of certain City revenue to annual inflation and
population growth, with any excess revenue remitted to the county for property tax relief.
Shawn Hunstock, Finance Director, indicated the Association of Washington Cities developed the
projection model.
Tukwila City Council Committee of the Whole Minutes
September 28, 2009 Page 6 of 7
Councilmember Duffie inquired about having a town hall meeting to educate the citizens on the facts of
Initiative 1033.
There was Council consensus for the Council Analyst to research possible dates available for Council to
participate in a town hall meeting.
Council President Hernandez asked for public comments.
There were no public comments.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
Councilmember Linder requested the agenda be amended to move Special Issues item g. before item e.
for discussion.
COUNCIL CONSENSUS EXISTED TO AMEND THE AGENDA TO MOVE SPECIAL ISSUES ITEM G
IMMEDIATELY FOLLOWING SPECIAL ISSUES ITEM D.
g. Authorize the Mayor to sign the Tukwila South Escrow Agreement between the Bank of New
York Mellon, La Pianta LLC, and the City of Tukwila to implement Section 4.8.4.6 of the Tukwila
South Development Agreement.
Lisa Verner, Project Manager, indicated Hugh Spitzer, the City's bond counsel, has negotiated the
Escrow Agreement between the City of Tukwila, La Pianta and the Bank of New York Mellon Trust. As
part of the Tukwila South Development Agreement, section 4.8.4.6 specifies the parties will agree upon a
mutually acceptable, neutral escrow agent to hold various deeds, letters of credit, and other documents,
which must pass between the City and La Pianta. Ms. Verner introduced Mr. Hugh Spitzer.
Hugh Spitzer, Special Bond Counsel, indicated staff and La Pianta have reviewed the escrow agreement
and they recommend the Bank of New York Mellon for the Tukwila South Project escrow agent. The
escrow agent will act as the holding agent for the Letters of Credit (LOC). The LOC's expire every year,
and they are a critical security instrument for the City. La Pianta is required to renew the LOC's, and if
they do not reissue them by a date specified, the escrow agent will draw from the current LOC's and
deposit the funds into an account for disbursement as directed by the City.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
e. An ordinance establishing new regulations regarding water and sewer bill leak adjustments and
adoption by reference of a Utility Leak Adjustment Policy.
Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting
on September 22, 2009. The committee members were unanimous in recommending approval.
This ordinance incorporates new regulations to the Tukwila Municipal Code, as codified at 14.04.245, and
14.16.055, providing for adoption by reference proposed Administrative Policy No. 300 -14, Utility Leak
Adjustment Policy. The City of Tukwila is the only Cascade Water Alliance Member that does not have a
leak adjustment policy.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
f. A lease agreement for Seattle Southside Visitor Services Center (SSVS) to be located at 3100
South 176 Street in SeaTac.
Councilmember Linder indicated this item was scheduled for discussion at the Finance and Safety
Committee meeting on September 22, 2009. As Committee Chair, she recommended the Committee of
the Whole review the lease.
Tukwila City Council Committee of the Whole Minutes
September 28, 2009 Page 7 of 7
Derek Speck, Economic Development Administrator, indicated staff is requesting Council approval for the
Mayor to execute a lease with Cassan Enterprises, Inc. in substantial conformance with the draft provided
to the Council. This would relocate SSVS to 3100 South 176 Street in SeaTac.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
h. Authorize the Mayor to sign an amendment to Contract 04 -025 (H) with David Evans
Associates (DEA) to complete the 10% remaining design work for Southcenter Parkway
Extension.
Lisa Verner, Project Manager, indicated David Evans Associates (DEA) has been under contract for the
Southcenter Parkway Extension since 2004. DEA has completed 90% of the design and this amendment
is for the remaining 10% of the project design.
Councilmember Robertson inquired about the statement listed in the Scope of Service by David Evans
regarding the analysis of the impacts of raising the elevation of the south pond by 29 feet. He asked if the
consultant had performed the analysis or if the analysis would be completed as part of the amendment.
Ms. Verner indicated the analysis would be completed as part of the contract amendment scope of
services.
Mr. Robertson requested he receive a copy of the Hydraulic Analysis and the No Effect Determination
after completion.
Ms. Verner indicated once those items have been completed, they will be distributed to the Council.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
REPORTS
Kimberly Matej, Council Analyst, indicated the date of October 13, 2009 is available for a town hall
meeting.
Due to the lateness of the hour, the Councilmembers dispensed with reports.
ADJOURNMENT
10:24 p.m. COUNCIL PRESIDENT HERNANDEZ DECLARED THE COMMITTEE OF THE WHOLE
MEETING ADJOURNED.
/./f'1
an Hernande Council President/
Melissa Hart, Deputy City Clerk