HomeMy WebLinkAbout2011-03-07 Regular Minutes 4 341LA 4,
o N I Tukwila City Council Regular Meeting
a City Hall Council Chambers March 7, 2011 7:00 P.M.
290 MINUTES
REGULAR MEETING
EXECUTIVE SESSION
Start: 6:00 p.m.
Mayor Haggerton announced the purpose of the Executive Session is to discuss Pending Litigation
Pursuant to RCW 42.30.110(1)(i) and Potential Property Acquisition or Lease Pursuant to RCW
42.30.110(1)(b).
It will last no more than 60 minutes, and no decisions will be made during the Executive Session.
Attendees: Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney;
Tukwila City Councilmembers Joe Duffie, Joan Hernandez, Dennis Robertson, Verna Seal, Kathy
Hougardy.
End: 6:45 p.m.
CALL TO ORDER /PLEDGE OF ALLEGIANCE /ROLL CALL
Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:03 p.m. and led the
audience in the Pledge of Allegiance.
CITY OFFICIALS
Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney; Shawn
Hunstock, Finance Director; Jack Pace, Community Development Director; Derek Speck, Economic
Development Administrator; Bob Giberson, Public Works Director; Pat Brodin, Public Works Operations
Manager; Don Lincoln, Assistant Police Chief; Mary Miotke, Information Technology Director; Christy
O'Flaherty, City Clerk.
ROLL CALL
Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie,
Joan Hernandez, Dennis Robertson, Verna Seal, Kathy Hougardy, and De'Sean Quinn.
MOVED BY ROBERTSON, SECONDED BY HERNANDEZ TO EXCUSE COUNCILMEMBER EKBERG
FROM THE MEETING. MOTION CARRIED 6 -0.
SPECIAL PRESENTATIONS
Update on Cascade Water Alliance Projects Chuck Clarke, Chief Executive Officer
The mission of the Cascade Water Alliance is to provide water supply to meet current and future needs of
the members in a cost effective and environmentally responsible manner through partnerships,
conservation, acquiring, constructing and managing water supply infrastructure and fostering regional
water planning. Cascade is a non profit corporation comprised of eight municipalities in the Puget Sound
area that joined together to provide a reliable water supply to approximately 400,000 residences and
22,000 businesses. The member agencies are the cities of Tukwila, Bellevue, Issaquah, Kirkland,
Redmond, Covington Water District, Sammamish Plateau Water and Sewer District, and Skyway Water
and Sewer District.
Tukwila City Council Regular Meeting Minutes
March 7, 2011 Page 2 of 8
Chuck Clarke, Chief Executive Officer, utilized a Powerpoint presentation to provide an overview of the
Cascade Water Alliance activities, to include:
Lake Tapps Purchase and Operation. On December 18, 2009 Cascade became the owner of
Lake Tapps and Puget Sound Energy's former White River project. Not only will Lake Tapps be a
new potable water supply, but the project will improve river flows for endangered fisheries, make
improvements to Lake Tapps facilities and continue recreational use of the lake.
Four Cities Agreement. The cities of Auburn, Bonney Lake, Buckley, and Sumner signed an
agreement with the Cascade Water Alliance to ensure the 4 cities have water to help them meet
their water needs over the next 50 years.
Long Term Supply and Demand Planning. Actual water demand and past forecasts were
presented. Demand forecasting is a combination of art and science and requires frequent
updating.
Budget and Rate Information. Cascade adopted a biennial budget for 2011 -2012. The 2011
budget is 4.3% lower than 2010; the 2012 budget is 4.9% higher than 2011. Drivers include
completion of the 2010 Transmission and Supply Plan (TSP) update and Lake Tapps operations.
The Capital Improvement Program (CIP) will be under $2 million each year.
The Councilmembers asked questions regarding various components of the presentation and thanked
Mr. Clarke for providing this update on the activities of the Cascade Water Alliance.
PROCLAMATIONS /APPOINTMENTS
Confirm the appointment of David Shumate to Position #5 on the Planning Commission, with a
term expiring 3/31/2014.
Jack Pace, Community Development Director, introduced David Shumate to the Council. Mr. Shumate
has a unique history as he has been through multiple land use processes and has involvement in
volunteering in the community. He will be a good addition to the Planning Commission.
MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO CONFIRM THE APPOINTMENT OF DAVID
SHUMATE TO POSITION #5 ON THE PLANNING COMMISSION, WITH A TERM EXPIRING 3/31/2014.
MOTION CARRIED 6 -0.
The Councilmembers thanked Mr. Shumate for his willingness to serve the community.
CITIZEN COMMENTS
There were no citizen comments.
CONSENT AGENDA
a. Approval of Minutes: 2/22/11 (Regular)
b. Approval of Vouchers: #356832- 356918 and #110207-110208 in the amount of $501,184,36.
MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED
AS SUBMITTED. MOTION CARRIED 6 -0.
UNFINISHED BUSINESS
a. A resolution declaring an emergency in response to damages to public property due to a
collapsed sanitary sewer.
MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ BY
TITLE ONLY. MOTION CARRIED 6 -0.
Tukwila City Council Regular Meeting Minutes
March 7, 2011 Page 3 of 8
Christy O'Flaherty, City Clerk, read the proposed resolution by title only.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DECLARING AN EMERGENCY IN RESPONSE TO DAMAGES TO PUBLIC PROPERTY DUE
TO A COLLAPSED SANITARY SEWER.
MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED RESOLUTION BE
ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1736.
b. Authorize the Mayor to sign an agreement with PACE Engineers for Storm Water Lift Station
#15 Improvements in the amount of $59,839.00.
MOVED BY QUINN, SECONDED BY HOUGARDY TO AUTHORIZE THE MAYOR TO SIGN AN
AGREEMENT WITH PACE ENGINEERS FOR STORM WATER LIFT STATION #15 IMPROVEMENTS
IN THE AMOUNT OF $59,839.00. MOTION CARRIED 6 -0.
c. Authorize the Mayor to sign an agreement with Puget Sound Energy for the Tukwila Urban
Center Access Project not to exceed $231,000.00.
MOVED BY HERNANDEZ, SECONDED BY SEAL TO AUTHORIZE THE MAYOR TO SIGN AN
AGREEMENT WITH PUGET SOUND ENERGY FOR THE TUKWILA URBAN CENTER ACCESS
PROJECT NOT TO EXCEED $231,000.00. MOTION CARRIED 6 -0.
d. Authorize the Mayor to sign an Interlocal Agreement with the City of Renton for the Strander
Boulevard Extension Phase II Project.
MOVED BY HERNANDEZ, SECONDED BY SEAL TO AUTHORIZE THE MAYOR TO SIGN AN
INTERLOCAL AGREEMENT WITH THE CITY OF RENTON FOR THE STRANDER BOULEVARD
EXTENSION PHASE II PROJECT. MOTION CARRIED 6 -0.
e. Authorize the Mayor to sign an underpass agreement with Burlington Northern Santa Fe
(BNSF) Railway Company for the Strander Boulevard Extension Phase II Project.
MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN AN
UNDERPASS AGREEMENT WITH BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY
COMPANY FOR THE STRANDER BOULEVARD EXTENSION PHASE II PROJECT. MOTION
CARRIED 6 -0.
f. Authorize the Mayor to sign an assignment agreement with the City of Renton and Burlington
Northern Santa Fe (BNSF) Railway Company for the Strander Boulevard Extension Phase II
Project.
MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN AN
ASSIGNMENT AGREEMENT WITH THE CITY OF RENTON AND BURLINGTON NORTHERN SANTA
FE (BNSF) RAILWAY COMPANY FOR THE STRANDER BOULEVARD EXTENSION PHASE II
PROJECT. MOTION CARRIED 6 -0.
g. Support the strategy and principles for Tukwila Village as recommended by staff and outlined
in the March 3, 2011 memorandum.
Derek Speck, Economic Development Administrator, explained there are currently two main issues for
Tukwila Village. First, the King County Library System (KCLS) would like to build a stand -alone library on
a portion of the Tukwila Village site and is ready to enter into negotiations with the City. Second, City
staff has received strong interest from developers who would like to build a mix of uses with senior
apartments as the major component and who would also like to enter into negotiations with the City.
Following are options for Council consideration:
Tukwila City Council Regular Meeting Minutes
March 7, 2011 Page 4 of 8
1. Select a master developer: The City could start the process to select a master developer of the
site by issuing a Request for Qualifications (RFQ). This options assumes the developer would
get control of the entire site, and the developer would negotiate with the library.
2. Start negotiations with KCLS: The City could start negotiations to sell land to KCLS so it could
build a stand -alone library. The library had indicated this is their preferred option and would like
to locate on the northeast corner of Tukwila International Boulevard and South 144 Street. This
is Site B in the Perkins Will analysis.
3. Both #1 and #2: We could start both of the above options, but in this case the City's negotiations
with the master developer would not include the property planned for the library.
4. None of the above.
5. Recommended Strategy: Support the strategy and principles for Tukwila Village as
recommended by staff and outlined in the March 3, 2011 memorandum.
Mr. Speck utilized a Powerpoint presentation to provide clarification on the options. The Recommended
Strategy involves the following elements:
The City would start the developer selection process with the goal of having a developer selected
in 3 months (June 6, 2011).
During the developer selection period, the City and library would start negotiations on (a) draft
deal terms the City would include in an agreement with the developer related to protecting the
library's interests and (b) deal terms between the City and library for selling the land to the library
in the event a developer deal does not meet the library's satisfaction.
Upon selection of a developer, the City will quickly meet with the developer and library to see if a
deal can be worked out between the library and developer.
If the library and developer are unable to work out a satisfactory agreement, then the City would
implement steps to sell the land to the library.
The following principles apply to the above strategy:
The City still holds the vision for Tukwila Village that was adopted in 2007.
The library is still a key component of the vision, and the City is committed to reasonable deal
terms to include the library at the primary corner (Site B).
Active living, age restricted apartments "senior apartments" for 62 and older) are an appropriate
type of residential space and can be a major portion, or even all, of the residential space.
Some portion of the apartments (senior or non senior can be "affordable," meaning income
restricted to levels of 50 60% and 80% of area median income.
If possible, a significant portion of the units should also be "market rate," meaning not income
restricted.
A healthcare provider, including a non profit providing primary and dental care to people
regardless of income, can be a positive use for the site.
Mr. Speck referenced his conversation with Bill Ptacek from the King County Library System from
March 2, 2011. While the library would like to buy the property directly from the City, they are willing to
wait the 3 months and meet with the developer the City selects before deciding on another site.
Councilmember Quinn asked the City Attorney if the second item under "principles" would constrain or
limit the City.
Shelley Kerslake, City Attorney, responded that the second item under principles, "The library is still a key
component of the vision, and the City is committed to reasonable deal terms to include the library at the
primary corner (Site B)" does not tie the City's hands in negotiations and will not bind the City to a
particular end product.
Pam Linder, 11918 Interurban Place South, referenced the leadership and vision it took for the City
Council to purchase the Tukwila Village property years ago. It had an immediate positive effect in the
removal of unsavory businesses near Foster High School. She referenced the choices in housing for the
project and indicated that not everyone wants a house, and there have been no apartments built in the
City in the last 25 years. In her view, the City needs market rate housing to accomplish the vision. She
Tukwila City Council Regular Meeting Minutes
March 7, 2011 Page 5 of 8
encouraged the Council to keep their eyes on the prize, and not tie the hands of the developer by
prematurely committing the most valuable portion of the north site. She also encouraged them to take
additional time to review the options if necessary.
Sharon Kidd, 4242 South 146 Street, indicated that 8,000 square feet for the library is just a bit more
than what is currently in place with the Tukwila and Foster libraries. In her view, this community needs at
least a 10,000 square -foot library. In her review of the materials, if the developer builds the library, it will
be at 10,000 square feet. If King County builds the facility, it will be at 8,000 square feet. She would
rather take the chance to have the City end up with a larger library.
Nancy Lamb, 4251 South 139 Street, would like the residential units to be built, at least in part, to
condominium standards. If there is a change in the need for senior housing, we would have the option to
turn over good quality units regardless of the circumstances.
Councilmember Duffie is pleased that 2 developers are interested in the Tukwila Village site. In his view,
the developers should not be told exactly what to do on the site.
Councilmember Hernandez asked if a representative from the library was present, and if they had seen
the recommended strategy.
Mr. Speck indicated that no representative from the library was present this evening. He provided a draft
report to KCLS on March 3, 2011, and Kay Johnson said that while they prefer Option #2 (to buy the land
from the City), the report did express their interests.
Councilmember Hernandez said she wants to honor the library as they have stuck by the City for several
years, and she does not want them to be discouraged from participating in the project. She asked if there
is assurance we will not lose the library by accepting the recommended strategy.
Mr. Speck reiterated that Mr. Ptacek, KCLS, said he will not take action to seek an alternative site for the
library in the next 3 months while the City selects a developer.
Councilmember Robertson relayed that he could accept the recommended strategy with the following 3
constraints.
1. Council approves the Request for Qualifications (RFQ) prior to release.
2. All non senior housing must be market rate. He has concerns that mixing non market rate low
income housing with senior housing along the highway could be a problem.
3. If the library size is less than 10,000 square feet, it must be approved by Council.
Councilmember Seal expressed support for the 3 month process and wants to see senior housing and
market rate housing. Additionally, she strongly favors having a healthcare provider be a part of the
development and honoring the commitment to the library. She suggested the library be built in a way that
would allow it to be expanded in the future. She does not want the process to be bogged down by the
need for Council review of the RFQ.
Councilmember Hougardy inquired regarding the comment from Ms. Kidd regarding the developer
building a 10,000 square -foot library.
Mr. Speck said he has described the library to the potential developers in terms of 10,000 square feet.
One of the developers has used that figure in their initial analysis. While a developer could possibly build
less expensively than the library, that is not a guarantee that a 10,000 square -foot facility would be built,
and it has not been fully scoped out.
Councilmember Hougardy would like to see emphasis on a 10,000 square -foot library and inquired about
the housing component.
Mr. Speck explained one developer is looking at the whole project as senior housing. The other
developer looked at one building as non senior housing and the other buildings as senior housing.
Tukwila City Council Regular Meeting Minutes
March 7, 2011 Page 6 of 8
Ms. Hougardy supports the idea of both market rate and reduced income housing. For the non senior
housing, she would like to see all market rate and embraced the idea of units being built to condominium
specifications. She also supports the recommended strategy and likes the idea of reviewing the RFQ, but
does not want to bog down the process.
Councilmember Quinn is supportive of the recommended strategy and sees an opportunity to partner with
the library, and does not want to restrict where the City needs to go in moving forward. In his view the
principles need to be broad enough to allow a developer to come up with a creative solution for Tukwila
Village. He does not think it is essential that the Council review and approve the RFQ.
Mr. Speck provided a timeline for additional Tukwila Village items to come before the Council. It is the
City's intention to forego the lengthy Request for Proposals (RFP) process and only have an RFQ
process. All Councilmembers will be provided a copy of the RFQ, and if it does not reflect the Council's
direction, additional time can be added to the process at that time.
MOVED BY ROBERTSON, SECONDED BY HOUGARDY TO APPROVE THE ADMINISTRATION'S
RECOMMENDED STRATEGY FOR TUKWILA VILLAGE, SUBJECT TO THE FOLLOWING 2
CONDITIONS: (1) ALL SENIOR OR ALL NON SENIOR HOUSING HAS TO BE MARKET RATE; (2) A
LIBRARY SIZE OF LESS THAN 10,000 SQUARE FEET MUST BE APPROVED BY THE COUNCIL.*
Councilmember Hougardy asked how these items could affect the ability to attract developers.
Mr. Speck relayed that he would have to analyze the possible impacts to the RFQ. He clarified that any
agreement that gets negotiated will have to come back to the full Council for approval.
Councilmember Robertson relayed that he believes a 10,000 square foot library is what we want, and the
developers are more likely to proceed in that direction if that is clear. As it relates to housing, the vision
for Tukwila Village was to have quality housing on the highway and be a catalyst to change in this area of
the City. He does not want to see non market rate housing next to senior housing.
Mr. Speck stated that the language in the RFQ can reflect preferences and requirements.
MOVED BY SEAL, SECONDED BY HOUGARDY TO AMEND THE MAIN MOTION TO REMOVE THE
2 CONDITIONS.
ROLL CALL VOTE:
DUFFIE YES
HERNANDEZ YES
ROBERTSON NO
SEAL YES
HOUGARDY YES
QUINN YES
MOTION CARRIED 5- 1,WITH ROBERTSON VOTING NO.
*ROLL CALL VOTE ON MAIN MOTION TO APPROVE THE ADMINISTRATION'S RECOMMENDED
STRATEGY.
DUFFIE YES
HERNANDEZ YES
ROBERTSON YES
SEAL YES
HOUGARDY YES
QUINN YES
MOTION CARRIED 6 -0.
Tukwila City Council Regular Meeting Minutes
March 7, 2011 Page 7 of 8
As a point of clarification, Mr. Speck relayed that the wording in the motion did not contain a reference to
approving the principles in the March 3, 2011 memorandum, which is part of the Recommended Strategy.
Shelley Kerslake, City Attorney, stated that the assumption was that the motion was intended to include
both the strategy as well as the principles. If that was the understanding of the Council, an additional vote
is not necessary.
Councilmember Robertson clarified it was his intent in the motion to include the principles.
Steve Lancaster, City Administrator, indicated there have been many good points and comments offered
in the discussion. Staff will proceed based on the motion made this evening to support the strategy and
principles for Tukwila Village as outlined in the March 3, 2011 memorandum. He reiterated that whatever
is negotiated with any party will come back to the City Council for approval.
REPORTS
a. Mayor
Mayor Haggerton attended a meeting with Tukwila businesses regarding the Klickitat project on
March 1, 2011. The same presentation was provided to the Government Affairs Committee that same
day and will be provided again at Tukwila Elementary School on March 8, 2011. Road closures will begin
on the Klickitat project on March 28, 2011. On March 4, 2011, the Mayor attended the Valley
Communications Administrative Board Meeting. The Administrative Board and the Joint Operations
Board came together to review the strategic plan. Additionally, Mayor Haggerton met with the King
County Executive and the Mayors from Renton, Kent and Auburn to sign a Memorandum of
Understanding (MOU) for emergency issues. The MOU provides that if any 2 entities declare an
emergency, the other agencies would provide support.
b. City Council
Councilmember Duffie indicated that on March 18, 2011, the Drug Abuse Resistance Education (DARE)
graduation will be held at Foster High School. Mayor Haggerton will be the speaker at this event.
Councilmember Hernandez attended the March 3, 2011 Equity and Diversity Commission meeting where
an update was provided on the Somali community.
Councilmember Seal attended the recent "Dr. Seuss Night" event at the Tukwila Community Center,
which was attended by over 700 people. She thanked the Library Advisory Board for donating books
such that every child went home with one.
Councilmember Hougardy indicated the Culture Fair will be held at the Showalter Commons on
March 14, 2011 from 4:30 p.m. to 6:30 p.m. Additionally, students from Showalter Middle School will be
singing at the School Board meeting at the Tukwila Library on March 8, 2011 at 6:30 p.m.
Councilmember Quinn recently returned from California, and commented that the roads are much better
here.
c. Staff
Update on Southcenter Parkway Extension Project Bob Giberson, Public Works Director
Bob Giberson, Public Works Director, provided a project update on the Southcenter Parkway Extension
project.
Construction of the Southcenter Parkway Extension project started in July 2010. Some of the work
accomplished to date includes clearing, grading, preload, sanitary sewer, and storm water facilities. Work
is currently being performed on the water line installation and the sanitary sewer lift station.
Tukwila City Council Regular Meeting Minutes
March 7, 2011 Page 8 of 8
The roadway project construction includes impact to wetlands, the existing cross valley levee and one
stream; all are regulated by the U.S. Army Corps of Engineers (USACE). The necessary permits for the
City fall into 2 categories. One permit will cover the necessary filling of streams and wetlands, while the
second permit will deal with impacts to the levee system. Some of these impacts were addressed in
Segale's Tukwila South original permit applications to USACE. A contingency plan was prepared to go
over the cross valley levee in lieu of Segale's permit.
The two City permits required by USACE are:
1. Nationwide 14 permit for impacts to Stream E (submitted in August 2010) and anticipated to be
back in a few days.
2. 208 permit for construction over the existing cross valley levee (submitted January 2011) and
received today.
Delays associated with the permits have both a schedule and cost impact. The specific magnitude will
not be known without additional analysis. The project dependence on federal permits and the overall
complexity were two reasons for the $2.4. million contingency. The additional costs related to the permit
delays were anticipated and we are still within the project's overall budget.
Mayor Haggerton asked if there is a timeline for resurfacing Southcenter Parkway from South 180 to
Minkler Boulevard. Mr. Giberson responded that the overlay of that area should occur between April and
July of 2011.
d. City Attorney
There was no report.
e. Intergovernmental
The Council Analyst is not required to attend Regular Meetings.
MISCELLANEOUS
Councilmember Robertson reported that at the request of the IT Department, he is BETA testing Outlook
Express on his Macintosh. He indicated that it is possible to utilize the program Virtual PC to access City
servers and use your own computer to do City related work.
ADJOURNMENT
9:31 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL
MEETING BE ADJOURNED. MOTION CARRIED 6 -0.
i
Ji :ggerton, Ma
Christy O'Flah&r?y, City Clerk r
APPROVED BY THE CITY COUNCIL: 3/21/2011