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HomeMy WebLinkAbout2000-06-26 Committee of the Whole MinutesCITY COUNCIL OF WHOLE COMMITTEE MEETING MINUTES CALL TO ORDER: Council President Joe Duffle called the Committee of the Whole meeting to order and led the audience in the Pledge of Allegiance. OFFICIALS: Steve Mullet, Mayor; John McFarland, City Administrator; Rhonda Berry, Assistant City Administrator; Jim Morrow, Public Works Director; Alan Doerschel, Finance Director; Jack Pace, DCD Senior Planner; Maggie Lubov, Tukwila Commute Trip Reduction Coordinator; Brian Shelton, City Engineer; Bruce Fletcher, Parks and Recreation Director; Rick Still, Assistant Parks and Recreation Director; City Consultant Mike Ragsdale; Mike Alderson, Assistant Fire Chief; and Lucy Lauterbach, Council Analyst. SPECIAL PRESENTATIONS: TUKWILA CITY COUNCIL June 26, 2000 7:00 p.m. Council Chambers City Hall a. Update on Part 150 King County Airport Study Cynthia Stewart, Manager, King County Airport provided an update on the status of the Part 150 Study. Over the next several months, a substantial amount of analytical data will be studied to document findings and begin developing strategies. Ms. Stewart reported noise monitoring and inventorying have been completed, which generated noise contour levels. She shared information on day /night decibel levels (DNL) in various locations and reported the federal government would participate financially in a Part 150 Study when decibel levels exceed a certain level. Special focus will concentrate on residential and public uses, such as schools, hospitals, and nursing homes. Flight paths were also analyzed and it was noted wind and the departure path can influence the degree of the noise contours. The study will examine the noise impacts of some aircraft can be noticeably louder than other aircraft. The consultants also completed noise monitoring and modeling. The noise contours were generated from a model and tested with noise monitoring information. The Council was provided with modeling reports that document results from an overlay from a SeaTac and a King County Airport flight path. Ms. Stewart announced the study would be the first study in the country of overlapping airport flight paths. Ms. Stewart explained the study would also consider future projections of airport traffic. Future projection data for SeaTac Airport has not been obtained, but information is available for King County Airport. The present day data versus future data presented no significant increase in noise levels. The target goal is to reduce the noise levels over present day levels as no appreciable increase in noise during the next five to six years is projected, due to the operation of quieter aircraft. The next phase of the study examined strategies that could be implemented to reduce noise in affected areas. The King County Council adopted a noise work plan approximately 18 months ago, which established strategies and goals for pursuing acceptable noise contour levels. The consultants have developed a list of strategies they believe would be appropriate. Additionally, several community meetings were held to seek community input. City of Tukwila City Council of Whole Meeting Minutes Ms. Stewart explained that in 65 DNL noise contours there are 815 Tukwila housing units and 1,700 residents affected (1999 Census data). Of these, 9 housing units and 27 residents appear to be in the 70 DNL category. Levels of 65 DNL or higher are considered incompatible with residential use. One of the things the Council will be asked to consider after the study is completed is zoning issues. Dependent on the study's results, some residents might be eligible for some programs. She anticipates the impacted residential number to increase, once current population data is obtained. Councilmember Simpson commented on Boeing's work on military aircraft, which operate at higher noise levels and asked how the aircraft would effect the study results. Ms. Stewart replied military aircraft are exempt from the study. Joanne McManus, 5610 South 133r Tukwila, suggested a more reader- friendly report when sent to the citizens of a neighborhood. Ms. Stewart acknowledged future reports would be provided in a more understandable format. Councilmembers thanked Ms. Stewart for providing an update on the Part 150 Study. b. Introduction of new employee Page 2 of 9 June 26, 2000 Bruce Fletcher, Director of Parks and Recreation, introduced Assistant Parks and Recreation Director, Rick Still. Mr. Still started his position on June 1. He previously worked for the City of Des Moines as a Parks Manager. CITIZEN COMMENT'S /CORRESPONDENCE: No comments were received. SPECIAL ISSUES: a. Burlington Northern Santa Fe (BNSF) Access Task Force Findings Public Works Director Jim Morrow briefed the Council on results of the task force findings for access into Burlington Northern Santa Fee (BNSF). He reported the issue is one of the most difficult challenges the City faces and many residents and businesses are impacted. When the task force was created in January 2000, meetings occurred weekly. The goal was to develop alternatives that were affordable, practicable, and executable within a reasonable time. Director Morrow introduced members of the task force and explained how it identified consistent criteria for use in evaluating each alternative. Director Morrow referred to the recommended matrix of alternatives and briefly outlined each of them. 1. Airport Way access 2. E. Marginal Way (S. 112` Street) 3. Gateway Drive 4. Improve 124th City of Tukwila City Council of Whole Meeting Minutes Page 3 of 9 June 26, 2000 Each of the alternatives was evaluated against the criteria. The City provided as much detailed information about each of the alternatives as possible. Task force members and community members who attended meetings discussed each alternative in detail. Each task force member independently evaluated each alternative. The entire task force reviewed the results of the individual evaluations. A matrix of all the alternatives was developed outlining impacts based on the criteria. Director Morrow said the task force is not recommending a preferred alternative. However, the "do nothing" alternative was eliminated along with several other alternatives. The task force also divided costs between project costs /facility costs and BNSF costs. Costs were determined from previous engineering studies and a consultant identified costs based on available information. Three of the four alternatives were rated as "red" due to significant costs. Those costs are not eligible for funding through the grant process. Steve Kusma. Manager of Development, BNSF. commented on the high costs of three of the alternatives. Currently, access to BNSF is from the south end. This area consists of the storage area for trailers. Accessing the yard from north end entails some difficulty, as there is not enough room to maneuver around the equipment. This would require reconfiguration of the yard to include the relocation of railroad track costing approximately $10 million, which would not qualify for grant funding. Alternatives A (Airport Way Access) and B (E. Marginal Way) are not supported by BNSF. However, BNSF supports alternatives C (Gateway Drive) and D (Improve 124 Councilmembers and Mr. Kusma discussed the additional costs BNSF might consider funding. After discussion and clarification, Mr. Kusma indicated BNSF would pay $3 million in BNSF- associated costs for alternative "C" and $1 million BNSF costs for alternative "D." Marlene Hughes, 12218 48 Ave S. Tukwila., spoke against alternative "D Improving 124 Avenue should be at the bottom of the list. That is why the task force met for six months. Improving 124 is not an option. She said the Mayor personally assured her immediate improvements would be implemented, such as speed limits and diversion of residential traffic from Renton. Currently, there is one speed limit sign on the street. As trucks are turning the corner, they are concentrating on their rearview mirrors to ensure the trailer has cleared the grocery store. They are not paying attention to the speed limit sign. Margaret Bratcher, 13003 56 Avenue S.. Tukwila. commented her recollection of alternatives "A -D" were determined by their preference with "A" (Airport Way Access) as the favored alternative. However, Alternative "A" was a majority vote not a unanimous vote. Alternative "B" was favored second followed by alternative "C." However alternative "C" would be difficult due to shoreline restrictions and requirements. Improvements to 124 (D) were the least favored with some members expressing reluctance that it remains an alternative. Council President Duffle asked how the task force meetings were publicized. Director Morrow replied the initial mailing went to individuals who were invited to participate as a task force member. Knowledge of subsequent meetings grew by word of mouth through the community, which resulted in individuals attending many meetings. City of Tukwila City Council of Whole Meeting Minutes b. Cascade Water Alliance (CWA) and the regional water supply update. Page 4 of 9 June 26, 2000 Director Morrow concluded his review and thanked members of the task force for their efforts and for their cooperative spirit during the discussions. He then fielded questions from Council. Councilmember Linder questioned how much the county would fund the project as BNSF serves the entire region and not just Tukwila. Director Morrow said the county has committed to $50,000.00 which would be for the preliminary study, not for construction projects. After a decision is made on the selected alternative, the City will explore all available funding sources. Councilmember Simpson referred to the Airport Way access and indicated that although he preferred an alternative access other than 124 he was concerned with the difficulty of trucks getting in and out of the location. Council President Duffle thanked the task force for their efforts. The issue was forwarded to the Transportation Committee for further consideration. Operations Manager Pat Brodin provided an update on the Cascade Water Alliance (CWA) and how CWA currently fits within the framework of a regional water supplier. An overhead presentation outlined the existing Seattle contract, status, and Tukwila's future status. The existing contract with Seattle, known as "Version B" expires in 2012. All of the purveyors in the original contract with Seattle desired a voice in water planning efforts within the region and with water rates charged by Seattle. Subsequently, a Purveyors Committee was developed. Because of complicated rate structures, a Purveyors Association was formed to assess rates, financial, and legal issues. The Purveyors Association hired a legal and financial consultant to assist in identifying the various issues. Referring to old and new water rates, Mr. Brodin stated "old" water was based on approved consumption levels before 1979 -1981. Consumption above the established levels were charged a "new" water rate. Tukwila acquired "old" water through the annexation of East Marginal Way. Most of Tukwila's rates are based on "old" water rates. This becomes an equity issue when considering new contracts. The City of Seattle initiated a 1% conservation program that all purveyors were to follow. The program stipulated (over a 10 -year period), a 1% savings in annual water usage through commercial, industrial, residential, and irrigation uses through conservation efforts. The savings represent 10% over a 10 -year period. Seattle intends to use 46% of the 1% water savings on residential and domestic use. He noted it was not realistic for Tukwila to save that much in the residential area. Additionally, Seattle wants to allocate 31% of 1% conservation savings to commercial and professional uses; while outdoor landscaping would be allocated 23 Reviewing Tukwila's consumption profile, Mr. Brodin stated approximately 10% of the use is residential. Saving 25 million gallons of water per day represents a 1% conservation effort, which would be difficult to attain. Most of Tukwila's consumption is from industrial and City of Tukwila City Council of Whole Meeting Minutes Councilmembers thanked Mr. Brodin for his work with the CWA and for the update. Page 5 of 9 June 26, 2000 commercial uses. One of Tukwila's largest commercial users consumes 25 million gallons per day. To obtain the 1% conservation goal, Tukwila would have to focus on industrial and commercial sectors for conservation savings. c. King County /Metro Commute Trip Reduction Implementation Agreement Planning Manager Jack Pace introduced CTR Coordinator Maggie Lubov who explained the contract delay of several months. The delay, in part, was due to the impact of I -695 and ensuring funding was available from the State. During the legislative special session, funding was secured for CTR programs through 2006. She noted the next interlocal agreement with the State of Washington would be different concerning the allocation of funds through King County. Councilmember Carter referred to the scope of work and requested clarification under Exception and Modifications pertaining to the City receiving and copying requests. Ms. Lubov provided an example of how the provision would apply. Ms. Lubov responded to questions from Councilmember Fenton and indicated approximately 27 employers are affected throughout the City, which equates to approximately 27,000 employees to include the City. The CTR threshold is 100 employees for each company at one contiguous site. Councilmembers referred the agreement to the Consent Agenda at the next regular Council meeting for approval. d. Tukwila Village Briefing Consultant Mike Ragsdale provided a review of the efforts to revitalize the Highway 99 corridor. He noted the next presentation would include specifics on the Tukwila Village site. When the City and citizens embarked on the revitalization project, the primary concerns of citizens related to problems associated with Highway 99. This resulted in an expensive program to address those issues. Consequently, the Highway 99 Redevelopment Program was developed along with the Highway 99 Action Committee and a whole series of activities. During the recruitment phase, a package was presented to the development community. Several meetings between City Administration and developers occurred. The developers were presented with a package of information about what developers could expect if they developed in the area of emphasis. Concepts developed by the City were presented along with information on the crime reduction programs along Highway 99. Positive feedback resulted from the meetings with a developer stepping forward (Fred McConkey) and expressing interest in a specific project. Community meetings were held to solicit community feedback on what the community wanted for the area and to inform them of the City's plans for the area. The community generally concurred with the City's vision for the area. City of Tukwila City Council of Whole Meeting Minutes Page 6 of 9 June 26, 2000 During this time, an economic assessment was initiated to begin considering the potential rent versus the cost of the projects. To build the density envisioned in earlier projects, it became apparent a parking structure would be required to attain the level of density desired. The Council and consultants reviewed parking options and the economics of a parking facility. The costs associated with a parking facility was beyond the scope of what the City was financially able to afford. Consequently, the project was scaled back because of the economics and because some properties were not willing to sell. The project was then scaled back to the intersection of 144 and Pacific Highway. Recently, Mr. McConkey approached the City and asked to be released from the project primarily due to the inability to proceed with any project until the light rail issue is resolved. Mr. McConkey reported has approximately $2 million invested in the project that has not returned any income. In a spirit of cooperation, the City has entered into discussions with Mr. McConkey on the value of his current holdings with intent to present a proposal to remove him from the project. Mr. Ragsdale explained that certain statutory provisions under the Urban Renewal District allowed the City to purchase the properties at the lower bond rate and then sell the properties to developers. This was accomplished by the City designating the area as an Urban Renewal District. At the time the Urban Renewal District was created, it was larger than the project site. This to ensure the City would be in a position to help other properties. Currently, the City owns all of the properties on the north side of 144 Street adjacent to Pacific Highway. Mr. McConkey owns Fantasy Express and the City is negotiating with the King County Housing Authority and the Water District to acquire their properties. Mr. McConkey has indicated a willingness to sell his property. Mr. Ragsdale reported the City is waiting for resolution on the light rail issue. Briefings on that issue are nearing completion. He noted as negotiations move forward with Mr. McConkey and other developers, the light rail issue will continue to be of concern until it has been completely resolved. Mr. Ragsdale reported the next presentation would include new information and discussion on the specific site. The third briefing will include a review of the economic effects of various decisions. Mr. McConkey answered questions from Councilmembers and noted development opportunities are being presented to other developers that have projects in and around Tukwila. Responding to questions from the Council on why it was necessary to bring their copy of the Administrative Facilities Study Draft to the meeting, Administrator McFarland reassured the Council that consultant Brian Sullivan would review the Administrative Facilities Study Draft at a future meeting. The draft was included on the agenda in case Councilmembers had specific questions. City of Tukwila City Council of Whole Meeting Minutes Page 7 of 9 June 26, 2000 Councilmember Carter asked if any additional materials were distributed during the April 24 COW discussion. Mr. Ragsdale answered in the negative. e. Request for Exception to Ordinance 1787 Banning Discharge of Fireworks. Application for permit for public display of fireworks for July 4, 2000 Administrator McFarland said the Finance and Safety Committee reviewed the issue. An application had been received from the Family Fun Center to sponsor an organized fireworks display for the City. The Committee was advised that the City would require the Family Fun Center to obtain all of the required State permits and review coordination requirements between affected agencies before requesting action and a decision by the City. Administrator McFarland advised the Council they could grant an exemption to the ordinance as Family Fun Center has been permitted by the State to conduct a fireworks display. Assistant Fire Chief Mike Alderson reported the request was originally reviewed by the Finance and Safety Committee when Family Fun Center approached the City because the ordinance banned fireworks from the general public but did not ban a public display of fireworks. The Committee directed the City to proceed and research what State and performance standards were required. Subsequently, Family Fun Center has received all approvals with the exception of the Washington State Patrol, which has expressed approval of the project based on the implementation of all technical details. Staff has developed a list of requirements for crowd control, inspection of the site, and after action requirements. The State Fire Marshals Office has expressed approval of the proposal and noted the proposed pyrotechnician has an excellent experience record. Councilmember Hernandez reported the Finance and Safety Committee did not forward a recommendation because the request was not included on the agenda. Family Fun Center attended the meeting and presented the request. The Committee suggested Family Fun Center obtain all necessary permits and then present the option to the Finance and Safety Committee for a recommendation to the Council. Due to the short timeframe in obtaining the permits, the Committee never reviewed the proposal for a recommendation. Tom Short. General Manager, Family Fun Center, reported there would be no charge to the public. Due to limited time, advertising of the event would be limited. He noted the permits took longer than anticipated. Assistant Fire Chief Alderson reported all requirements with the FAA have been met. Councilmember Carter suggested Mr. Short submit recommendations to the Committee on what would make the process easier to administer in the future. She suggested the ordinance be re- written to clearly define the reasons Council could revoke a permit. Councilmember Carter City of Tukwila City Council of Whole Meeting Minutes Page 8 of 9 June 26, 2000 further suggested staff review the issue with City Attorney Noe to ensure proper procedures are followed in the future. Councilmember Haggerton noted the CAS seemed to be lacking supporting documentation. He referred to minutes of the Committee meeting (not included in the agenda report) and indicated Police Chief Haines requested Family Fun Center also submit a public parking plan when they returned with the proposal. He remarked the parking plan was not included. Assistant Fire Chief Alderson noted the applicant was required to notify all adjacent property owners. Art Rosengren. 4022 S. 150 Tukwila, spoke against the proposed Family Fun Center fireworks display. He referred to his previous work in obtaining a ban on fireworks within the City and noted his concern was with safety for children and adults. Mr. Rosengren told of taking several hours off work to talk with the management of Family Fun Center about the proposal. He referred to Tukwila's ban on the sale and discharge of fireworks and said approval of the proposal would send the wrong message to citizens. Mr. Rosengren said there is also concerns associated with unspent shells and asked how that issue would be handled. Another safety concern is with traffic on the I -5 and I -405 Interchange and West Valley Highway. He spoke on the effects the fireworks could cause to drivers and the fire danger due to fire conditions. Skin Traynor. 14910 58 Avenue South. Tukwila, spoke in support of the public fireworks display and disagreed with the comments from the previous speaker. He said the City should have a fireworks show and felt his rights were infringed upon when fireworks were prohibited within the City. Anna Bernhard. 1424 159 South, Tukwila. indicated she and her husband have attended the Seattle fireworks show for many years. She supports the City having a fireworks show under controlled circumstances. Joanne McManus. 5610 S. 133' Tukwila., said Tukwila needs something for the kids and she supports a fireworks show. Everyone has to go somewhere else to enjoy fireworks. She expressed faith in the Fire and Police Department and noted they would not condone something that was not safe. Jason Griffith. 3810 S. 159 Place, Tukwila, indicated Tom Whitacre, the proposed pyrotechnician is his brother and a licensed pyrotechnician by the State of Washington. Mr. Whitacre has performed numerous firework displays over the course of many years. Mr. Griffith is currently in the process of obtaining his pyrotechnician license. Councilmember Fenton asked if incidents of unexploded shells ever occurred and if the site is checked after the event for same. Mr. Griffith said the shells are approximately one inch in diameter and there are personnel who check the site. He noted that although the explosive materials remain inside the tube /shell, none have exploded. City of Tukwila City Council of Whole Meeting Minutes Assistant Fire Chief Alderson reported one of the items of the required 14 items include the pyrotechnician is required to check the site on the evening of the display as well as the following day to ensure safety. Mayor Mullet reported that at the time of the fireworks ban, he had expressed hope in the future, a public fireworks display could occur. He noted there are many public viewing areas other than the Family Fun Center. He supports trying the display this year and commented on the thorough review provided by the Police and Fire Department. Councilmember Haggerton spoke in favor of public firework displays and said they are good family entertainment. The only concern he has is with the police chiefs concern with parking, which has not been addressed. He supports the fireworks display as long as the parking situation is addressed. Councilmember Hernandez commented on the annual notice she receives from the City reminding citizens of the fireworks ban within the City. She suggested the reminder might be more appropriately worded to include the exception of public firework displays to avoid sending a mixed message to the public. She is supportive of trying the fireworks display this year considering it occurs within a controlled environment. Councilmember Fenton expressed support of the fireworks display. Councilmembers concurred to adjourn to a Special Meeting to discuss the issue. Reports were deferred following the Special Meeting. Council President Duffle recessed the COW meeting into the Special meeting. (Clerk's Note: Special Meeting Minutes were done separate and apart from this set of minutes.) ADJOURNMENT: The Special Meeting took place wherein Council voted to approve the public display of fireworks, with conditions. 10:14 p.m. Having considered the motion to approve the public display of fireworks as well as Reports during the Special meeting, it was moved by Fenton; seconded by Carter, to adjourn the Special Meeting, reconvene and recess the COW meeting. The motion carried 7 -0. gid 14 Dui uncil Presi e t Robert H. Baker, CMC, Deputy City Clerk for Valerie Gow, Recording Secretary Page 9 of 9 June 26, 2000 Date Minutes Signed: August 23, 2000