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Home My WebLink About2005-08-29 Special Minutes5:36 p.m. 6:00 p.m. OFFICIALS: CITIZEN COMMENT: PUBLIC HEARING: TUKWILA CITY COUNCIL Council Chambers City Hall August 29, 2005 EXECUTIVE SESSION 5:30 p.m. Potential Litigation Pursuant to RCW 42.30.110(1)(i) 30 minutes Executive session began. Executive session ended. No action to be taken. SPECIAL MEETING MINUTES 6:00 p.m. CALL TO ORDER: Mayor Steve Mullet called the Special meeting to order at 6:05 p.m. ROLL CALL: Jane Cantu, City Clerk, called the roll of Council. Present were Council President Pamela Linder; and Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Dennis Robertson and David Fenton. Steve Mullet, Mayor; Rhonda Berry, City Administrator; Lucy Lauterbach, Council Analyst; Kevin Fuhrer, Director of Finance; Jim Morrow, Director of Public Works; Steve Lancaster, Director of Community Development; Nick Olivas, Fire Chief; Steve Lancaster, Director of Community Development; Jack Pace, Deputy Director of Community Development; Lisa Verner, Project Manager, Community Development; and Derek Speck, Economic Development Coordinator. Louise Strander, 15000 57 Avenue South, Tukwila, on behalf of her mother, read a letter into the record previously faxed to the City Council (copied and distributed earlier this same date). The letter, from the law firm of Curran Mendoza, was regarding the meeting schedule for a proposed (upcoming) franchise agreement with Sprint and the siting of equipment necessary to complete the project. Ms. Strander wants to be informed of meeting dates and times as the proposed project could take place near her residence. Proposed amendments to the development agreement between Pacific Commercial Properties and the City of Tukwila for the development of a multi familv condominium proiect within the transit oriented development area of the Tukwila Urban Center Steve Lancaster, Director of Community Development, provided a history of the contract to date and presented two proposed amendments to the Development Agreement between Pacific Commercial Properties (PCP) and the City. The amendments are being made at the request of PCP. The first request, submitted by Kenneth Kester, PCP, is to lengthen the effective dates from August 1, 2005 to December 1, 2005; and September 1, 2005 to January 3, 2006. Section III AGREEMENT, subsection 1.1, would read: This Agreement shall become effective upon approval by the Tukwila City Council, execution by both parties, and proof in a form acceptable to the City of PCP's ownership of the subject property not later City of Tukwila City Council Special Meeting Minutes than December 1, 2005: provided, however, that the Mayor in his sole discretion may extend this deadline to January 3, 2006, without further authorization of the City Council." The second request submitted by Mr. Kester is to allow for additional time to complete the financial agreement for construction of the project. 6:15 p.m. Mayor Mullet opened the public hearing. Mr. Kester, Principal, PCP, reported all other terms of the agreement shall remain in tact, with no changes. He asked Council to consider the amendments as presented. 6:17 p.m. Mayor Mullet called for comments twice. Hearing none, he closed the public hearing. ROBERTSON MOVED; LINDER SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A MODIFIED DEVELOPERS AGREEMENT BY AMENDING SECTION III, SUB SECTION 1.1 TO READ AS FOLLOWS: UNFINISHED BUSINESS: Debate on the motion ensued. "This Agreement shall become effective upon approval by the Tukwila City Council, execution by both parties, and proof in a form acceptable to the City of PCP's ownership of the subject property not later than December 1, 2005: provided, however, that the Mayor in his sole discretion may extend this deadline to January 3, 2006, without further authorization of the City Council." The motion carried 7 -0. The Mayor is authorized to sign an amended agreement when received from staff. A proposed resolution regarding Tukwila South Proiect issues A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REGARDING CONDEMNATION OF PROPERTY FOR THE EXTENSION OF SOUTHCENTER PARKWAY AND SOUTH 178 STREET ROAD IMPROVEMENTS MOTION: ROBERTSON MOVED; FENTON SECONDED; TO READ THE PROPOSED RESOLUTION BY TITLE ONLY. The motion carried 7 -0. Shelley Kerslake, City Attorney, read the title of the proposed resolution. MAIN MOTION: ROBERTSON MOVED; HERNANDEZ SECONDED; TO ACCEPT THE PROPOSED RESOLUTION AS PRESENTED.* Among other items, the proposed resolution notes the City of Tukwila has determined the annexation and development of the Tukwila South area is a top priority. At the time the project was proposed, it was believed by the parties the property needed to extend Southcenter Parkway and to realign South 178` Street would be donated by the applicant, La Pianta. In reliance upon that understanding, the City funded certain design work in connection with the two projects. The City recently learned the required property is not available to La Pianta and is now faced with the decision of condemning or not condemning the property needed for the improvements. Council reviewed and debated the WHEREAS clauses of the proposed resolution. Page 2 of 4 August 29, 2005 MOTION TO AMEND (1): HERNANDEZ MOVED; ROBERTSON SECONDED; TO AMEND THE FOURTH WHEREAS CLAUSE BY INSERTING THE WORD "PUBLIC" BETWEEN THE WORDS "CERTAIN" AND "ROAD City of Tukwila City Council Special Meeting Minutes Page 3 of 4 August 29, 2005 If approved, the fourth WHEREAS clause shall read, "WHEREAS the City has in its Capital Improvement Plan certain public road projects, two of which are the extension of Southcenter Parkway and the realignment of South 178 and" Vote on the motion to amend the fourth WHEREAS clause carried unanimously 7 -0. MOTION TO AMEND (2): HERNANDEZ MOVED; HAGGERTON SECONDED; TO AMEND SECTION 1, BY STRIKING THE WORDS "IN THE CURRENT ALIGNMENT" AND INSERTING "AND ALIGNMENT OF" BETWEEN THE WORDS "WIDENING" AND "SOUTHCENTER." If adopted, Section 1 would read, The City proposes to begin the acquisition process for the property necessary for widening and alignment of Southcenter Parkway within the existing City limits..." Phil Talmadge. Attorney for La Pianta, LLC, asked Council to delay consideration of the proposed resolution until such times as the parties (La Pianta and Schoenbachlers) have had the opportunity to work together on the issue. Councilmember Carter spoke in opposition to the proposed language as it would imply condemnation as it would allow both the existing and proposed alignments; an action of which the City Council is not in favor. Councilmember Robertson also spoke in opposition to the proposed language noting the Council is unwilling to do an unfriendly condemnation of the Schoenbachler property. Phil Talmadge. Attorney for La Pianta. LLC. reported discussion with the Washington State Attorney General's Office wherein he learned both parties (La Pianta, LLC and Schoenbachlers) may speak with one another without risking federal funding of the project. He noted that if the Council approves the proposed amendments and does not amend the resolution to allow for realignment, La Pianta, LLC would not proceed. VOTE ON THE MOTION TO AMEND SECTION 1. The vote failed 5 -2; with Councilmembers Duffie, Linder, Carter, Robertson and Fenton voting NO. Art McKean. Attorney for Schoenbachlers. spoke in favor of the proposed resolution and against the appearance of threatening condemnation to his client's property. MOTION TO AMEND (3): ROBERTSON MOVED; LINDER SECONDED; TO ADD SECTION 3 TO THE PROPOSED RESOLUTION. PROPOSED IS, "Section 3. If the property owner and leaseholder mutually offer a preferable alternative alignment, the City would consider such alternative alignment and amend the resolution accordingly." Phil Talmadge reported that if realignment is not an option, La Pianta, LLC would not continue with the project. He spoke in opposition to the third WHEREAS clause in the proposed resolution. The clause reads, "WHEREAS, the parties have now learned that the required property is not currently available to La Pianta; and Councilmember Robertson responded to Mr. Talmadge and told him the clause was added for the benefit of the public. Stating no cost benefit to realignment to the proposed location and no benefit to travelers, Mr. Robertson said the only benefit of relocating Southcenter Parkway is to the proposed development. Councilmember Duffle spoke vehemently in opposition to a realignment and condemning Mr. Schoenbachler's property. Additionally, he reported his desire for the parties to work together on this issue and not involve the City. Phil Talmadge, once again, suggested Council to postpone consideration of the proposed resolution, thus allowing time for the parties to work together toward compromised disposition. City of Tukwila City Council Special Meeting Minutes Council President Linder noted that if Council does not take action on the proposed resolution, the City may lose its ability to apply for TRANSPORTATION IMPROVEMENT BOARD grant funding. The deadline to apply is August 31, 2005. In response to an inquiry from Councilmember Haggerton, Art McKean said the proposed Section 3 poses no problem. Councilmembers spoke against proceeding (at all) with any threat of condemnation. *VOTE ON THE MOTION TO ADD SECTION 3 CARRIED 7 -0. *VOTE ON THE MAIN MOTION (TO ACCEPT THE RESOLUTION, AS AMENDED) CARRIED 7 -0. APPROVED RESOLUTION #1585. HAGGERTON MOVED; FENTON SECONDED; TO DIRECT CITY STAFF TO PROCESS AN APPLICATION FOR TRANSPORTATION IMPROVEMENT BOARD GRANT FUNDING, DUE BEFORE AUGUST 31, 2005, TO EXTEND SOUTHCENTER PARKWAY. The motion carried 7 -0. ADJOURN: 7:05 p.m. LINDER MOVED; FENTON SECONDED; TO ADJOURN THE SPECIAL MEETING. The motion carried 7 -0. Steven M. Mullet, Mayor Date Minutes approved: December 5, 2005 Page 4 of 4 August 29, 2005 12401t rte. Robert H. Baker, Recording clerk for Jane E. Cantu, CMC, City Clerk