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.
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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
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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
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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.
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b. Cascade Water Alliance (CWA) and the regional water supply update.
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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
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City Council of Whole Meeting Minutes
Councilmembers thanked Mr. Brodin for his work with the CWA and for the update.
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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.
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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.
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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
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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.
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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
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June 26, 2000
Date Minutes Signed: August 23, 2000