HomeMy WebLinkAbout2010-05-17 Regular MinutesCITY OFFICIALS
AMEND AGENDA
SPECIAL PRESENTATIONS
Tukwila City Council
City Hall Council Chambers
MINUTES
Regular Meeting
May 17, 2010- 7:00 P.M.
REGULAR MEETING
CALL TO ORDER /PLEDGE OF ALLEGIANCE /ROLL CALL
Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:04 p.m. and led the
audience in the Pledge of Allegiance.
ROLL CALL
Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie,
Joan Hernandez, Dennis Robertson, Allan Ekberg, Verna Seal, Kathy Hougardy, and De'Sean Quinn.
Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney; Shawn
Hunstock, Finance Director; Bob Giberson, Public Works Director; Jack Pace, Community Development
Director; Brandon Miles, Senior Planner; Derek Speck, Economic Development Administrator; Dennis
McOmber, Police Commander; Mary Miotke, Information Technology Director; Christy O'Flaherty, City
Clerk.
MOVED BY ROBERTSON, SECONDED BY DUFFIE TO AMEND THE AGENDA TO ADD A
CONTRACT FOR EMERGENCY LEVEE VEGETATION REMOVAL UNDER NEW BUSINESS AS
ITEM 9A. MOTION CARRIED 7 -0.
a. Briefing on Sound Transit Link Light Rail Ahmad Fazel, Executive Director, and James Irish,
Environmental Manager.
Jack Pace, Community Development Director, explained that an Unclassified Use Permit was approved in
2004 for Sound Transit for the Link Light Rail system. One of the conditions of the permit included a
process for monitoring noise, to include noise mitigation measures. Staff from Sound Transit are present
this evening to provide a briefing on the Link Light Rail project, to include an update on noise issues.
Ahmad Fazel, Link Light Rail Executive Director, gave an overview of the existing system and plans for
the future. The existing Link Light Rail system was extended to SeaTac Airport in December 2009.
Under the Sound Transit2 program, an extension from downtown Seattle to the University of Washington
is under construction and expected to be open in 2016; an extension will also be included from the
University of Washington to Northgate, with an expected opening in 2020; and then an extension from
Northgate to Lynnwood is planned. Additionally, preliminary engineering is under way for the East Link,
which is a 14 -mile extension of Light Rail from the downtown transit tunnel to the cities of Mercer Island
and Bellevue, with an expected opening in 2020 -2021. There will be an extension from SeaTac Airport to
Star Lake in Pierce County that is expected to open in 2014, and Sound Transit is also working to
expedite an extension to South 200th since there is a transit facility and park and ride in that area.
Mr. Fazel explained that ridership is increasing with average weekday boardings at 20,000 per day. When
sporting events are occurring, weekend boardings are also averaging approximately 20,000. Parking at
the Tukwila Station is close to 90 and measurements have were recently on two consecutive days.
Once the parking gets to 90 Sound Transit will work with City staff to look at options.
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 2 of 14
James Irish, Environmental Manager, provided an update on noise issues relative to Link Light Rail. The
permit with the City requires that Sound Transit monitor noise for 3 years after the system is opened.
Noise was measured at 30 locations in Tukwila, and the results were submitted to the City last year.
There are 2 types of noise the train is creating that are over the federal criteria. The first one is general
noise from train wheels, and another is known as wheel squeal which occurs as the train goes around a
corner. They also found that some residents were experiencing vibration in their homes, and this was
rectified by replacing a 30 -foot section of track.
In terms of wheel squeal, 4 permanent lubricating devices have been installed, and while it appears
successful, monitoring will continue to occur. With regard to general noise, the tracks were ground by a
rail grinder in December 2009 to minimize noise. After the tracks were ground, the noise issues improved
in the Rainier Valley area. However, unexpectedly, the noise worsened in the Duwamish neighborhood.
Sound Transit has brought international experts from Germany, Canada and Los Angeles for a 4 -day
study of this issue. Results of the study should become available in June. Additionally, temporary
barriers along a 400 -foot area, south of the river, have been installed. Testing of the barriers showed
they were effective, and additional barriers will be installed at all 4 impacted locations to provide
temporary relief. Those should be in place in a couple of months, and the situation will continue to be
reviewed and mitigated.
Mr. Irish explained that once Sound Transit realized they had noise issues last fall, they hired a consultant
to design permanent walls. The design is close to completion, and if permanent walls are a solution in
some areas, they will be able to move forward quickly. However, Mr. Irish indicated that constructing a
permanent wall on the elevated guideway would be disruptive to service and would mean retrofitting the
project after it was built. It would be an expensive solution, and all options are being considered.
Mr. Irish stated that community outreach included 3 different mailings to residents within 1,000 feet of the
track updating them on noise related issues. The Sound Transit website also has valuable information.
Mr. Irish indicated that when noise complaints are received, they are followed up with phone calls and /or
emails.
Councilmember Duffie asked for some updated information on the Commuter Train Station at Longacres.
Jack Pace, Community Development Director, explained an update on the station at Longacres will be
forthcoming in the future. Council President Robertson also indicated he will keep the Council informed
on this issue.
Councilmember Hernandez conveyed the importance of having a system in place to contact the citizens
and keep them informed regarding progress that is being made.
Council President Robertson expressed concern at the amount of time that has passed without
successful noise mitigation for the citizens. The Unclassified Use Permit the Council approved for Sound
Transit stressed the importance of all residents in Tukwila being protected from the noise. The City
suggested sound walls be installed, and the analysis from Sound Transit indicated that was not
necessary, and the noise has worsened. He would like to see expedient solutions.
Councilmember Ekberg inquired about a Boeing Access Station.
Mr. Fazel explained the Board had decided not to build that at this time, and it is not included in future
planning. He relayed he would investigate this issue and get back to the City on this matter.
Councilmember Hougardy referenced noise concerns in the McMicken neighborhood.
Mr. Irish relayed that testing in that area indicated the noise level was within the federal criteria and not
something that required mitigation. However, it is anticipated the lubricators that were recently installed
will improve the situation,
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 3 of 14
Councilmember Quinn inquired as to how many noise complaints have come in and during what time
periods, and if communication is ongoing with the citizens.
Mr. Irish stated they received a petition with approximately 100 signatures from the Duwamish
neighborhood and about 10 -30 other complaints. He explained that most of the comments came last
summer, and 3 mailings have gone out to citizens living within 1,000 feet of the track.
Councilmember Ekberg asked if a parking garage would need to be built at the South 200th location.
Mr. Fazel responded in the affirmative. The studies indicate that parking at the Tukwila Park and Ride will
be reduced by building a station at South 200th.
Councilmember Ekberg asked if polling has taken place for those parking at the Tukwila Park and Ride to
ascertain where they are coming from.
Mr. Fazel explained that would be part of the Parking Demand Management Study, and they would work
with City staff on that process.
Vanessa Zaputil, 15171 52nd Avenue South #5, expressed how disruptive the noise from the light rail
system is every night. Members of the community met with Sound Transit staff in 2004, and research
from SPEEA (Society of Professional Engineering Employees in Aerospace) indicated the train noise
would be problematic. Sound Transit staff assured the community members the train would not be heard
and that their concerns were unwarranted; they were wrong. Ms. Zaputil has concerns about what
happens if the problems are not resolved within the 3 -year time frame. Sound Transit is putting their
needs before those of Tukwila residents. Citizens up and down the line are suffering and have waited
long enough, and results are needed.
Teo Hunter, 11809 40th Avenue South, likes the idea of the Boeing Access station as it could have
regional appeal. Mr. Hunter provided 2 color maps that show the Duwamish neighborhood and the 1,000
foot noise mitigation area. The maps depict the area that is not being mitigated, but that is also impacted
by noise.
David Shumate, 11534 East Marginal Way South, indicated the Duwamish neighborhood is very affected
by the light rail trains passing overhead at 50 miles per hour. Prior to construction, representatives from
Sound Transit told them the trains would be no louder than a UPS truck and that residents would have to
look up to know they were coming. That is not true, and after repeated testing and attempts to reduce the
noise, the sounds have gotten louder and unbearable in the Duwamish neighborhood. The temporary
solution by Sound Transit of a plastic strip along the track is ineffective, and in his view, the only way to
reduce the noise involves the installation of 2 -foot high noise panels. One year ago, a petition with 100
signatures was submitted regarding these issues, and the noise has only increased. Tukwila has the
power and obligation to enforce noise mitigation measures as outlined in the Development Agreement.
Kate Kruller, 3227 South 137th, 11th Legislative District Democratic Chair, asked why there is not a
survey of those who have sent messages over the years. She also wondered why the parking is at 90%
and if it is because the Tukwila Station is offset parking for the airport.
Mayor Haggerton indicated the Sound Transit staff will be in the lobby to answer questions. The Mayor
would like to see a community meeting scheduled at the Community Center that is advertised well ahead
of time.
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 4 of 14
b. (1) Economic Development Overview Derek Speck, Economic Development Administrator.
Derek Speck, Economic Development Administrator, utilized a Powerpoint presentation to provide an
outline of economic development.
Purpose of Economic Development:
City revenue (sales tax, property tax, etc.)
Jobs
Amenities
City's Look Feel
Retail /Entertainment
Quality Housing
Public Safety
Community Image
Sense of being part of a Community
Recent Accomplishments and Current Work:
Business Attraction, Retention and Expansion.
Federal Aviation Administration (FAA): Tukwila is a potential site for this 500,000 sq. ft. agency, 2,000
employees, $200 million investment, 3 possible sites in Tukwila, Potential Cities: Des Moines, Kent,
Renton, Tukwila
Circuit City Site: Part of the urban core for future development
Senior Housing Project on South 146th: Provide resource assistance to developer who would like to
build 30 units of senior housing
Bernie and Boys property: Assist potential new buyer work through various processes
Southwest King County Economic Development Initiative: Staff contact with Small Business
Development Counselor; 15 Tukwila companies stayed in business with the help of this agency; Staff
contact for the Business Attraction Program
Seattle Southside Tourism Office: Staff from this Office reports to Economic Development Administrator
In the Hopper:
Southcenter Parkway Groundbreaking
Foreign Trade Zone (Port of Seattle)
Multi Family Property Tax Exemption
New Market Tax Credits
Green River Pedestrian Bridge (Sounder to
Baker)
Sale of Surplus Property: Newporter and
parcel beside Sounder Commuter Station
Methods of Economic Development:
BARE: Business Attraction, Retention,
Expansion
Policy and Infrastructure
Tukwila Urban Center Plan
-Sign Code
Tukwila Intl. Blvd. Zoning Code changes
Community Image
-Rock 'n' Roll Marathon
Development Project Management
Tukwila Village
Government and Business Relations
-$1.5 million funding request for Transit Ctr.
Howard Hanson temporary permanent fix
-New FEMA flood maps
Business recovery budget communications
Tukwila Intl. Blvd. Action Committee (TIBAC)
Long Term Opportunities:
Business Attraction Improve Marketing Materials
Business Retention and Expansion Outreach
Senior Housing
Development Sites along Tukwila International
Blvd.
Enhance Community Identity to attract those who
want to be part of a community:
Tukwila Southcenter Branding
Historic Buildings more focus
Tukwila Godzilla at Tukwila Station. Similar to
Fremont Troll; fun stopping point for visitors
Seattle Sounders enhance identity
Photos of Tukwila's uniqueness
-Tell our residents' stories
The Councilmembers asked clarifying questions regarding the presentation and thanked Mr. Speck for a
thorough overview.
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 5 of 14
b. (2) Tukwila Village Status Report Derek Speck, Economic Development Administrator.
Derek Speck, Economic Development Administrator, used a Powerpoint presentation to provide an
update on the Tukwila Village Project.
TUKWILA VILLAGE MILESTONES
1998 -2006 1 Project creation, land acquisition, previous developer negotiations
2006 Tukwila International Boulevard "snapshots" at Showalter
2007 Gardner Johnson Real Estate Analysis
2007 Metrovation (Ron Sher) Concept
2007 1 Council adopted revised vision statement
12/2007 U. S. recession starts
5/2008 City issued RFQ /RFP
9/2008 1 City selected Tarragon as the developer for Tukwila Village
10/2008 Federal bank bailout (TARP)
8/2009 Draft term sheet presentation
10/2009 1 City Council approved zoning changes
1/2010 Demolition of restaurant delayed (budget)
Mr. Speck explained that Tarragon is still very interested in this project, but would not get financing at this
time due to the economy. Additionally, since the development involves apartments, and with apartment
vacancy rates at a high level, this is not a good time to proceed. Mr. Speck provided the following
estimated timeline.
ESTIMATED TIME LINE AS OF MAY 2010
2010 1 Memorandum of Understanding
2010 1 Development Agreement
2012 1 Design
2013 -2015 Construction (It is in the City's interest that Tarragon own the
property prior to the start of construction.)
NOTES It is feasible to start design by the end of 2010, but this estimate
predicts design will not start until 2012 after the real estate and
credit markets recover more.
The Councilmembers asked clarifying questions regarding certain portions of the presentation.
Sharon Mann, 4452 South 160th Street, indicated she has concerns about the land for Tukwila Village
being sold. Image is important, and if we do not put something great on the Boulevard, only the poor
things will remain there. That can bring about a draw on police and fire resources. It is important to keep
the core citizens here in Tukwila, and changing the image is necessary. While selling the land may be a
solution to an immediate problem, it is not in the best interests of the future of Tukwila. She would like to
see something happen there, and suggested the library could move in at this time.
Chuck Parrish, 4430 South 150th Street, indicated the King County Library has the funds to build the
library now and wondered if they could come in as the anchor tenant.
Mr. Speck explained he has not had that conversation with Bill Ptacek from the Library System, but in
speaking with his Director, Kay Johnson, today, they are willing to explore options.
Council President Robertson relayed that this discussion could come at a future meeting that follows the
Council's standard process.
Dave Fenton, 14201 42nd Avenue South, referenced a SWAT team raid at a hotel near his home that
involved a concussion bomb and 4 people being taken away in handcuffs. Additionally, as an apartment
owner, he has the good fortune of having no vacancy rates due to a contract with Boeing to house their
engineers from India.
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 6 of 14
Bryan Nelson, 3223 South 136th Street, inquired as to how much of Mr. Speck's time has been spent on
the Southcenter South project. It seems that we are pushing ahead on that project more so than on the
Tukwila Village project.
Mr. Speck explained very little time (less than 5 was spent on Southcenter South as the City had
another manager for that project.
Steve Lancaster, City Administrator, explained the Project Manager contracted for the Tukwila South
development was the equivalent of a full -time employee, and that contract has ended.
Mr. Nelson conveyed that it seems that a significant investment is being made toward Southcenter South
during the same economic climate as Tukwila Village. He would encourage the City to recognize the
need for this type of project on Pacific Highway.
Council President Robertson responded the 2 projects are very different. Tukwila South has a single
property owner who annexed into the City, and we have an elaborate Development Agreement that
protects the City. Tukwila Village has been dramatically impacted by the recent recession, and the
developer cannot proceed without commercial loans. Mr. Robertson offered to meet with Mr. Nelson to
provide a more detailed explanation.
Kate Kruller, 3227 South 137th, 11th Legislative District Democratic Chair, asked the Council to stay the
course and not sell short the investment in the community. The citizens are looking forward to being able
to walk to the Boulevard, and she encouraged the Council not to waiver.
Council President Robertson explained there has been no discussion among the Council about selling the
land for anything other than the Tukwila Village development. There has been discussion about selling
surplus land in the City such as the Newporter site, but not the Tukwila Village site.
Sharon Mann, 4452 South 160th Street, reiterated the idea that the library could move into the site now,
and said there is a perception that Tukwila South is going forward and Tukwila Village is not.
Mayor Haggerton clarified there is no intent to put one project above another. We have been working on
Tukwila Village since early 2008, and unfortunately the economy is the key factor for the developer to
move forward.
Mr. Speck explained the City has put more money into Tukwila Village than it has put into Tukwila South.
The dollars being talked about for Tukwila South might be larger, but are being funded by outside grants.
PROCLAMATIONS
A proclamation recognizing National Public Works Week.
Mayor Haggerton read a proclamation recognizing May 16 through May 22, 2010 as National Public
Works Week, inviting all citizens and civic organizations to acquaint themselves with the challenges
confronted in the provision of Public Works services in our community.
CITIZEN COMMENTS
There were no citizen comments.
9:19 p.m. Mayor Haggerton declared a brief recess.
9:25 p.m. Mayor Haggerton reconvened the Regular Meeting.
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 7 of 14
CONSENT AGENDA
a. Approval of Minutes: 5/3/10 (Regular); 5/10/10 (Special)
b. Approval of Vouchers #353259 353483 and #20105172, 201005171 in the amount of $1,420,637.91
c. Accept as complete the Foster Links Reclaimed Water Pipeline project (Contract #09 -056) with
Precision Earthworks, Inc.; authorize release of retainage, subject to the standard claim and lien release
procedures (final cost of project, including retainage: $111,000.37).
MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED
AS SUBMITTED. MOTION CARRIED 6 -0, WITH EKBERG ABSENT.
9:26 p.m. Councilmember Ekberg returned to the Council Chambers.
PUBLIC HEARING
a. An ordinance amending various ordinances as codified at Tukwila Municipal Code Title 18,
"Zoning Code," to incorporate definitions of Diversion Facility and Diversion Interim Services
Facility; to clarify definitions of Convalescent/Nursing Home, Outpatient Medical Clinic and
Hospital; and to update the Zoning Code and its provisions for such uses.
Continued from May 3, 2010.
9:27 p.m. Mayor Haggerton opened the Public Hearing.
Christy O'Flaherty, City Clerk, referenced into the record a letter from William Summers from Sleeping
Tiger, LLC, dated 5/11/10, RE: Crisis Diversion Facilities. The letter was provided to the
Councilmembers, Mayor, and key staff members.
Brandon Miles, Senior Planner, provided a staff report on this issue and submitted documents into the
record as follows:
1. Emails from Roy Dodman to Brandon Miles, dated 11/5/09 and 3/12/10, RE: Crisis Diversion
Services.
2. A packet of multiple pieces of correspondence and emails between King County and Tukwila staff,
with the first document dated 11/13/09, RE: Crisis Diversion Facility.
These documents were distributed to the Councilmembers and Mayor.
On April 12, 2010, the City Council held a public hearing on a recommendation from the Planning
Commission to allow Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Services (CDIS)
facilities within the Tukwila Urban Center as unclassified uses. At the April 12 public hearing, the City
Council heard testimony from Downtown Emergency Service Center (DESC), a provider interested in
operating the CDF and /or the CDIS. DESC expressed concern that the area proposed for the CDF and
CDIS was not remote enough and that clients could be distracted by the Mall and other commercial
activities which could interfere with their treatment goals. The Council also heard from a property owner
in the Manufacturing and Industrial Center and an attorney for DESC. The City Council also heard
concerns from Westfield, LLC regarding the proposed location.
The City Council continued the public hearing to May 3, 2010. At that meeting the City Council heard
additional testimony from the attorney representing DESC and from the property owner in the
Manufacturing Industrial Center area of the City. The City also received a public comment letter from
DESC which again expressed concern with placing the CDF and CDIS next to the Mall.
Mr. Miles provided clarification to multiple items raised at the prior public hearings. He indicated that King
County has modified the location criteria and clarified that the Crisis Diversion Program does not need to
have good access to transit. The Southcenter Mall location could distract consumers of the CDF and /or
CDIS. Additionally, the CDF will not be a compelled facility.
Mr. Miles stated that staff from King County were informed of this meeting and prior meetings on this
topic.
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 8 of 14
At the May 3, 2010 Regular Meeting, the Council requested that staff examine the West Valley Highway
area to determine if that location was appropriate for allowing the CDF and CDIS. A summary of staff's
conclusions regarding the West Valley Highway area is as follows:
The proposed area meets the County's location criteria. Regional access to this area is excellent.
A location along West Valley Highway can easily access Interstate 5, Interstate 405, State Route 167,
and State Route 99. The area is also served by South 180th Street, a principal east/west arterial in south
King County.
The area meets the County's transit requirements.
West Valley Highway was one of the specific routes mentioned in the County's RFP.
Tukwila police would have easy access to the West Valley Highway area which will enable them to
adequately serve the facility.
The area is removed from residential areas such that the 24 -hour operation of the CDF would not
disrupt residential uses.
The commercial /light industrial nature of the area allows the CDF Program to be located in an area
free from incompatible uses that might interfere with the success of the CDF and CDIS program.
It is the recommendation of staff to allow CDF and CDIS uses within the Commercial /Light Industrial
zoned properties along the West Valley Highway.
Bill Summers, 845 106th Avenue Northeast #205, Bellevue, indicated he is the owner of the Riverside
Residences. Riverside is a property that has been reviewed by the applicant and approved by King
County as an appropriate location for these facilities. Within the MIC zone and but for the moratorium,
this property is zoned for a crisis diversion facility, and it is a permitted use, subject to attaining an
Unclassified Use Permit (UUP). This means you have to go through a public process before the Council,
and the Council can accept the use, reject the use, or set conditions. When looking at what is happening
here, he sees nothing being done for regulating the use of crisis diversion facilities. What we have been
dealing with is the location. The staff has been focused on fixing a particular location, which is
unnecessary because it is allowed today. What is important is to get the facility in a location that can
satisfy the City Council that this is what needs to happen to make it a permitted use. He feels his
property has been targeted by the staff to divert all interest away from the property through the
moratorium and designating particular locations anywhere in the City except for this property. It is unfair
and he is glad he got to listen to the testimony regarding economic development. We are in a bad
economic situation, and we desperately need viable businesses and uses in the City, one of which would
be a crisis diversion facility, which employs 40 people and makes the property economically feasible. We
have had criminal reports there and problems, and we don't make any money from it. He feels targeted
and singled out and will fight this beyond the City Council to the Growth Management Hearing Board or in
court to protect his rights. He referenced Council President Robertson's comments from the last meeting
as to why representatives from King County were not here advocating for their position. He contacted
them, and was told that due to the RFP process, they do not want to favor one City over another and
need to remain neutral.
Cynthia Kennedy, Attorney with Graham and Dunn, Seattle, represents the Downtown Emergency
Service Center (DESC). DESC is pleased that the substitute zoning area is farther away from
Southcenter Mall. That is helpful and an improvement and a good start. It is just a start. This zoning
proposal still focuses on an area that is much too small for these essential public facilities. Just one little
corner of Tukwila, and there are many other locations in the City that meet the County's, City's and project
proponent's criteria. They should be evaluated and identified. The UUP process being proposed can
assure that appropriate conditions are placed on these uses at any such location. There is no defensible
rationale for limiting these facilities to just one small area and for disregarding another area that is the
preferred site by the project proponent. DESC asked the Council to expand the zoning proposal to
encompass more viable sites and are astonished that this substitute zoning seems to encompass an
equally small area. DESC asked the Council to re- evaluate the Riverside Residences location and were
also astonished to see no analysis of it in the amended staff report. They urge the Council to direct staff
to finish the work of re- evaluating other areas for these essential public facilities and particularly the
Riverside Residences location where DESC has existing facilities.
9:49 p.m. Mayor Haggerton closed the Public Hearing.
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 9 of 14
b. An ordinance adopting by reference amendments to the Development Agreement between the
City of Tukwila and Segale Properties (formerly known as La Pianta) for the Tukwila South
Development.
Shelley Kerslake, City Attorney, provided a summary of this issue. Ms. Kerslake explained one of the key
dates in the Development Agreement was the issuance of a federal 404 Permit that allows for the levee
modification and work on wetlands that are necessary for the development. Several sections of the
agreement were premised on that permit being issued in June 2010. That process is moving slower than
expected, and this is one of the first permits to go through the new federal process. It is difficult to predict
how long it will take. This slowdown presents a conflict with the road project that is an agenda item this
evening, since it requires the 404 Permit to be issued the way the Development Agreement is currently
written. The agreement was reviewed to determine what changes would be needed to protect the City.
The proposed changes will accomplish 3 things. The modified agreement will secure the property that is
needed from the Segales for the Southcenter Parkway extension, to ensure it remains the City's even if
the 404 Permit is never issued or if the development does not occur. It also allows for the provision of
stormwater facilities for the road should the permanent facilities never occur. It also changes the deadline
from June 30, 2010 to September 30, 2011.
Councilmember Hernandez inquired about the name Metro Land, and Ms. Kerslake indicated the names
have been merged.
Councilmember Ekberg asked about the Nationwide Permit, and Ms. Kerslake said the City can apply for
a Nationwide 14 Permit should the 404 Permit issuance be delayed, so the road project could be
completed.
9:53 p.m. Mayor Haggerton opened the Public Hearing and called for public comments.
Bruce Mitchell, M P Company, PO Box 99151, Seattle, submitted a written document for the record
dated 5/17/10, and copies were distributed to the Council, Mayor, and key staff members. Mr. Mitchell
referenced Council President Robertson's earlier remark about the entire Tukwila South project being
owned by a single owner. Mitchell Moving and Storage and M P are also owners. Mitchell Moving and
Storage was founded in 1953, and they moved to Tukwila due to its access to 1 -5 and 1 -405. Retaining
businesses is important, and you are doing everything to get rid of us. In 2004 -05 Mr. Segale claimed to
own our property, which was not true. There was a commitment by the City to ensure we would be
informed of future actions after the City denied the Segale project for not being worth the public
investment. Review of freedom of information documents on Friday looks like at least $38 million is being
put into this. Some funds have come from other sources, but that is very significant support. That
support does not exist for other subsidiary people who are affected by this. Our study shows the City
never counted the number of semi trucks on Southcenter Parkway. We counted 283 on one Tuesday.
The Mayor has cited a study where a staff member drove the proposed detour route. This was before
Klickitat was done and before the dead end and before the backup turn around for semis. Our estimate is
that it is far more, and 283 trucks is 4 miles of trucks a day routed into the Southcenter grid. This is not a
trivial matter, and the effect of this is a quarter of a million dollars in extra costs for our company. If the
old road is gone and we can't get to the new road, all of our access is gone. If we had gotten notice, we
could have made an intelligent plan. Mr. Segale rejected a plan that would have allowed us to use the
stoplight on Avenue C. Only his tenants will be able to use the light. Please think about what is going on
here and amend the plan to provide access after the road is built and implement the $250,000 bypass we
understood would be in place.
Council President Robertson acknowledged it is correct there is more than one owner in the Tukwila
South annexation area. Mr. Robertson relayed he was responding to a citizen comment to explain the
differences between the Tukwila South project and the Tukwila Village project. One of the differences is
that the Tukwila South project has a primary proponent, which is Segale LLC, while the Tukwila Village
project does not. Mr. Robertson apologized for the confusion.
10:03 p.m. Mayor Haggerton closed the Public Hearing.
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 10 of 14
UNFINISHED BUSINESS
Council President Robertson indicated he would like to move onto Item 7A 2 unless a member of the
Council would like to discuss the first ordinance in Item 7A 1. There was Council consensus to move to
item 7A 2.
a. Crisis Diversion Facilities:
1. An ordinance amending various ordinances as codified at Tukwila Municipal Code Title 18,
"Zoning Code," to incorporate definitions of Diversion Facility and Diversion Interim Services
Facility. (location near the Transit Center on Andover Park West)
No action was taken on this item.
2. An ordinance amending various ordinances as codified at Tukwila Municipal Code Title 18,
"Zoning Code," to incorporate definitions of Diversion Facility and Diversion Interim Services
Facility. (location along the West Valley Highway)
MOVED BY ROBERTSON, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed ordinance by title only.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING VARIOUS ORDINANCES, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE
18, "ZONING CODE," TO INCORPORATE DEFINITIONS OF DIVERSION FACILITY AND
DIVERSION INTERIM SERVICES FACILITY; TO CLARIFY DEFINITIONS OF CONVALESCENT
NURSING HOME, OUTPATIENT MEDICAL CLINIC AND HOSPITAL; TO DELETE THE
DEFINITION OF SANITARIUM; AND TO UPDATE THE ZONING CODE AND ITS PROVISIONS
FOR SUCH USES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE. (location along the West Valley Highway)
MOVED BY ROBERTSON, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ.*
Council President Robertson inquired if King County has weighed in or offered any objection to this
ordinance.
Brandon Miles, Senior Planner, explained the County has been provided ongoing information regarding
this issue. The County did initially provide clarifying data on the ordinance that was reviewed by the
Planning Commission, regarding transit needs for the facility. Mr. Miles conveyed he has had no
conversation with staff from King County regarding this proposed ordinance.
Council President Robertson indicated he takes the opportunity to go on ride alongs with Police Officers,
and the highway is not a safe place for vulnerable populations, such as those who would be coming to a
Crisis Diversion Facility. The Southcenter Mall area was seriously considered for the CDF, and based on
the testimony and information, it was not the best site. Also, the heavy industrial area does need to be
protected as it provides high paying jobs that can affect the entire region. Additionally, there are serious
concerns regarding the level of police support required at the facility. It needs to be in an area where
there is not a high crime rate. The new area near the West Valley Highway, outlined in this ordinance, is
both a better site and a safer site.
Councilmember Hougardy inquired if a study has been done that will show the impact to our emergency
services. Mr. Miles said they have not been able to quantify an exact impact to police services. Shelley
Kerslake, City Attorney, explained this is something the Council could consider during the Unclassified
Use Permit process.
Councilmember Hougardy thanked Mr. Summers and Ms. Kennedy for their comments. She prefers this
location as it is a good juncture between Renton and Kent and, perhaps, services can be shared. There
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 11 of 14
has been no determination as to the impacts this will have on the Police Department. Information in the
packet indicates the facility could involve individuals with offenses related to malicious mischief, unlawful
conduct, drugs, and prostitution. Locating the facility in an area off of the highway, where the temptations
are closer, is prudent.
*MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2287.
3. An ordinance repealing a moratorium on Diversion Facilities and Diversion Interim Service
Facilities for the treatment of mentally ill and chemically- dependent adults in crisis.
MOVED BY ROBERTSON, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE READ BY
TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed ordinance by title only.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
REPEALING A MORATORIUM ON DIVERSION FACILITIES AND DIVERSION INTERIM
SERVICE FACILITIES FOR THE TREATMENT OF MENTALLY ILL AND CHEMICALLY
DEPENDENT ADULTS IN CRISIS, WHICH WAS ESTABLISHED BY ORDINANCE NO. 2278;
REPEALING ORDINANCE NO. 2278; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ.*
Council President Robertson indicated this is proper administrative procedure as this moratorium is no
longer required.
*MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2288.
b. Authorize support of renaming the Sounder Tukwila commuter rail station to the "Tukwila
Longacres Station."
MOVED BY DUFFIE, SECONDED BY HERNANDEZ TO AUTHORIZE SUPPORT OF RENAMING THE
SOUNDER TUKWILA COMMUTER RAIL STATION TO THE "TUKWILA LONGACRES STATION."
MOTION CARRIED 7 -0.
c. A resolution designating the Metropolitan Water Pollution Abatement Advisory Committee
(MWPAAC) representatives.
MOVED BY HOUGARDY, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed resolution by title only.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DESIGNATING BOB GIBERSON AS REPRESENTATIVE AND PAT BRODIN AS ALTERNATE,
TO SERVE ON THE METROPOLITAN WATER POLLUTION ABATEMENT ADVISORY
COMMITTEE (MWPAAC); AND REPEALING RESOLUTION NOS. 1415 AND 1543.
MOVED BY HOUGARDY, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE
ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1715.
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 12 of 14
d. Authorize the Mayor to sign a contract with Carollo Engineers for the Water and Sewer
Comprehensive Plan updates, in the amount of $291,000.00.
MOVED BY HOUGARDY, SECONDED BY SEAL TO AUTHORIZE THE MAYOR TO SIGN A
CONTRACT WITH CAROLLO ENGINEERS FOR THE WATER AND SEWER COMPREHENSIVE
PLAN UPDATES, IN THE AMOUNT OF $291,000.00. MOTION CARRIED 7 -0.
e. An ordinance adopting by reference amendments to the Development Agreement between the
City of Tukwila and Segale Properties LLC (formerly known as La Pianta) for the Tukwila South
Development and authorizing the Mayor to sign the amended Development Agreement.
MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed ordinance by title only.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING BY REFERENCE AMENDMENTS TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC FOR THE TUKWILA
SOUTH DEVELOPMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
MOVED BY QUINN, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ.*
An overview of this issue was provided during the Public Hearing and can be found on Page 9.
Shelley Kerslake, City Attorney, reviewed the changes to the Development Agreement with the Council.
The proposed amendments accomplish 3 primary goals:
1. Allow the City's road project to proceed. The amendment calls for deeds to be put in escrow for the
City, to be released upon completion of the Southcenter Parkway Extension Project and allows for
storm drainage contingencies.
2. Addresses the reality of the federal permitting process, which is outside the control of the parties and
is taking longer than expected.
3. Changes the deadline from June 30, 2010 to September 30, 2011.
*MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2289.
f. Southcenter Parkway Extension documents:
1. Authorize the Mayor to sign a grant agreement with the Washington State Department of
Commerce, in substantially the form presented, for the Southcenter Parkway Extension project to
accept grant funds, in the amount of $3,980,000.00.
MOVED BY SEAL, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN A GRANT
AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF COMMERCE, IN
SUBSTANTIALLY THE FORM PRESENTED, FOR THE SOUTHCENTER PARKWAY EXTENSION
PROJECT TO ACCEPT GRANT FUNDS, IN THE AMOUNT OF $3,980,000.00.
MOTION CARRIED 7 -0.
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 13 of 14
2. Authorize the Mayor to sign a grant agreement with the Washington State Department of
Commerce, in substantially the form presented, through the Community Economic Revitalization
Board (CERB) program for the Southcenter Parkway Extension project to accept grant funds, in
the amount of $6,000,000.00.
MOVED BY SEAL, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN A GRANT
AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF COMMERCE, IN
SUBSTANTIALLY THE FORM PRESENTED, THROUGH THE COMMUNITY ECONOMIC
REVITALIZATION BOARD (CERB) PROGRAM FOR THE SOUTHCENTER PARKWAY EXTENSION
PROJECT TO ACCEPT GRANT FUNDS, IN THE AMOUNT OF $6,000,000.00.
MOTION CARRIED 7 -0.
3. Authorize the Mayor to sign a grant agreement with the Washington State Transportation
Improvement Board (TIB) for the Southcenter Parkway Extension project to accept grant funds, in
the amount of $2,000,000.00.
MOVED BY SEAL, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN A GRANT
AGREEMENT WITH THE WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (TIB)
FOR THE SOUTHCENTER PARKWAY EXTENSION PROJECT TO ACCEPT GRANT FUNDS, IN THE
AMOUNT OF $2,000,000.00. MOTION CARRIED 7 -0.
4. Authorize the Mayor to sign an Interlocal Agreement with the Highline Water District regarding
the Southcenter Parkway Extension project.
MOVED BY SEAL, SECONDED BY HERNANDEZ TO SIGN AN INTERLOCAL AGREEMENT WITH
THE HIGHLINE WATER DISTRICT REGARDING THE SOUTHCENTER PARKWAY EXTENSION
PROJECT. MOTION CARRIED 7 -0.
5. Authorize the Mayor to sign the underground conversion project plan agreement with Puget
Sound Energy for the Southcenter Parkway Extension project, estimating the construction costs
to be $241,400.00.
MOVED BY SEAL, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN THE
UNDERGROUND CONVERSION PROJECT PLAN AGREEMENT WITH PUGET SOUND ENERGY
FOR THE SOUTHCENTER PARKWAY EXTENSION PROJECT, ESTIMATING THE CONSTRUCTION
COSTS TO BE $241,400.00. MOTION CARRIED 7 -0.
6. Authorize the Mayor to sign the underground conversion construction agreement with Puget
Sound Energy for the Southcenter Parkway Extension project, in the amount of $241,400.00.
MOVED BY SEAL, SECONDED BY QUINN TO AUTHORIZE THE MAYOR TO SIGN THE
UNDERGROUND CONVERSION CONSTRUCTION AGREEMENT WITH PUGET SOUND ENERGY
FOR THE SOUTHCENTER PARKWAY EXTENSION PROJECT, IN THE AMOUNT OF $241,400.00.
MOTION CARRIED 7 -0.
7. Authorize the Mayor to sign Supplement #1 to Contract #10 -038 with KBA, Inc. for the
Southcenter Parkway Extension project, in the amount of $2,488,950.00.
MOVED BY SEAL, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN
SUPPLEMENT #1 TO CONTRACT #10 -038 WITH KBA, INC. FOR THE SOUTHCENTER PARKWAY
EXTENSION PROJECT, IN THE AMOUNT OF $2,488,950.00. MOTION CARRIED 7 -0.
8. Authorize the Mayor to sign a contract with Scarsella Bros., Inc. for the Southcenter Parkway
Extension project, in the amount of $16,030,030.63.
MOVED BY SEAL, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN A
CONTRACT WITH SCARSELLA BROS., INC. FOR THE SOUTHCENTER PARKWAY EXTENSION
PROJECT, IN THE AMOUNT OF $16,030,030.63. MOTION CARRIED 7 -0.
Tukwila City Council Regular Meeting Minutes
May 17, 2010 Page 14 of 14
NEW BUSINESS From Agenda Amendment on Page 1
Authorize the Mayor to sign a contract regarding Emergency Levee Vegetation Removal.
MOVED BY ROBERTSON, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN A
CONTRACT WITH COBY CONSTRUCTION FOR EMERGENCY LEVEE VEGETATION REMOVAL, IN
THE AMOUNT OF $175,200.00.*
Bob Giberson, Public Works Director, explained that the United States Army Corps of Engineers
considers maintaining levee vegetation paramount to retaining levee certification and federal aid eligibility
on the Tukwila 205 Levee (which runs from 1 -405 to South 196 Street). Substandard levee vegetation
that prioritizes habitat over safety jeopardizes levee certification. On May 11, 2010 the King County Flood
Control Zone District (KCFCD) informed Tukwila staff they would only remove vegetation in between
1 -405 and South 180 Street. Tukwila staff informed the KCFCD that partial vegetation removal was not
acceptable since the Tukwila 205 Levee extends further south to South 196 Street. Under the authority
of Tukwila Resolution No. 1697 and due to the emergency timeline for completion by May 31, 2010, staff
proceeded with a contract with Coby Construction in the amount of $175,200.00 to remove the vegetation
necessary to retain certification of the Tukwila 205 Levee.
*MOTION CARRIED 7 -0.
REPORTS
The Council dispensed with reports.
ADJOURNMENT
10:45 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL
MEETING BE ADJOURNED. MOTION CARRIED 7 -0.
/44,
Ji aggerton,W
Christy O'Flahe City Clerk
APPROVED BY THE CITY COUNCIL: 6/7/2010