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HomeMy WebLinkAbout2007-10-08 Special MinutesSPECIAL MEETING MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Steven M. Mullet called the Special Tukwila City Council meeting to order at 7:47 p.m. directly following Item 3e of the Committee of the Whole meeting. ROLL CALL Christy O'Flaherty, Deputy City Clerk, called the roll of the Council. Present were Verna Griffin, Council President; Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pam Linder, and Dennis Robertson. CITY OFFICIALS Steven Mullet, Mayor; Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Kevin Fuhrer, Finance Director; Jim Morrow, Public Works Director; Gail Labanara, Public Works Analyst; Nick Olivas, Fire Chief; Jack Pace, Acting Community Development Director; Lisa Verner, Project Manager; Kimberly Matej, Council Analyst; Jane Cantu, City Clerk; Christy O'Flaherty, Deputy City Clerk. CONSENT AGENDA NEW BUSINESS TUKWILA CITY COUNCIL October 8, 2007 Council Chambers City Hall a. Approval of Minutes: 9/17/07 (Regular). b. Approval of Vouchers #3341744334455 in the amount of $1,138,787.89. c. Accept as complete the Fort Dent Park /Interurban Avenue South Sewer Extension Project with R. L. Alia Company; authorize release of retainage subject to the standard claim and lien release procedures (final cost of project, including retainage: $718,735.44). d. Accept as complete the Westfield Shoppingtown North Sewer Repair Project with Construct Company; authorize release of retainage subject to the standard claim and lien release procedures (final cost of project, including retainage: $221,925.22). e. Accept turnover of public right -of -way, by Statutory Warranty Deed, as part of the development of a four -lot short plat by Kevin Do on Macadam Road South and South 136th Street. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. A resolution of the City of Tukwila, Washington, authorizing the Mayor to negotiate an agreement for construction of Southcenter Parkway with La Pianta, LLC, or in the alternative, to contact granting and appropriating agencies to advise that the City will not accept currently appropriated funds for the construction of Southcenter Parkway. MOVED BY GRIFFIN, SECONDED BY ROBERTSON THAT A RESOLUTION (SUBMITTED THIS EVENING) BE SUBSTITUTED FOR THE RESOLUTION IN THE AGENDA PACKET.* (The substitute resolution title is as follows:) A resolution of the City of Tukwila, Washington, authorizing the Mayor to negotiate an agreement for construction of Southcenter Parkway with La Pianta, LLC. Council President Griffin provided a summary of the revisions to the substitute resolution. The primary amendments involve changing the dates in Section 1 and 2 of the resolution to November 13, 2007 (formerly October 22, 2007); and removal, from Section 2, of the phrase "and to contact the granting /appropriating agencies that have pledged money for the extension of Southcenter Parkway and advise them that the City will not be able to obligate those funds, and thus will not be accepting the grants /appropriations." *MOTION CARRIED 6 -1 WITH DUFFIE VOTING NO. City of Tukwila Page 2 of 3 City Council Special Meetina Minutes October 8. 2007 Councilmember Hernandez expressed concern that the revised resolution had not been seen by the Council before this evening. It has not followed the standard process of appearing on a Council Committee and Committee of the Whole agenda prior to a Regular Meeting. It is her view that the resolution locks the applicant into a road -only agreement with no other options. She is speaking against the proposed resolution and would like to see this item set aside until after the first of the year, giving the new Mayor an opportunity to explore options. Councilmember Duffie indicated he feels the resolution has not been presented through standard procedures. He conveyed he is not in favor of the resolution in the packet nor the revised resolution. He is also in favor of setting the resolution aside at this time as he feels this issue is something that can be solved. Councilmember Carter relayed that since both parties in this matter have indicated the situation has come to an impasse, this resolution offers a final attempt at seeking a solution. Councilmember Haggerton conveyed concern about the process regarding this issue and found it unacceptable that the substitute resolution was not available earlier than this evening. In his view this project is very important to the City as well as the State and Federal agencies that have provided funding for the development. He is not in favor of returning grant funds in that Tukwila could be negatively impacted in the future regarding further grant opportunities. He would like to see negotiations resume on this issue. He also indicated he does not have specific details on the road -only proposal referenced in the resolution. Councilmember Linder, speaking in support of the resolution, indicated the substitute resolution offers improvements in that it allows additional time for negotiation and removes any reference to returning the grant funds. She stated that both parties have indicated the situation has reached an impasse and that City administration has relayed this is not a good agreement for Tukwila. In order for the negotiations to move forward, the City would have to agree to provide more funding toward the project. The City would have to bond at least $10 million, which would cost Tukwila $1 million a year. Passage of the resolution would allow negotiations to continue for a road -only agreement and use of the grant funding that has been provided to the City. Councilmember Robertson reiterated that the substitute resolution takes out any reference to returning grant money and allows additional time for negotiation regarding the road -only agreement. Since negotiations on this matter have been going on for 3 1/2 years, he does not feel holding off until new elected officials are in office will be beneficial. He indicated this applicant should also follow the same process as other developers who do business with the City. He conveyed support for the proposed resolution to wrap -up this matter for the current administration, and the issue can be revisited next year. Councilmember Hernandez had 3 inquiries: (1) With regard to the road -only agreement, would the road be constructed in its current alignment or in the proposed alignment closer to the hillside; (2) Would it extend beyond the City limits; and (3) Would the transportation concurrency mitigation requirements still be waived. Mayor Mullet indicated an annexation would have to take place, so the road could be built beyond the City limits. The City could not begin to pay off the $10 million without the annexation. It is not anticipated the traffic mitigation money on a road -only agreement would remain. The alignment would be, as it has been designed, in its current location. Councilmember Carter inquired if the road -only proposal is the one from March that had been distributed to the Council at that time. Shelley Kerslake, City Attorney, responded in the affirmative. She indicated there was a March 16 road -only agreement that was sent to the Segale team for review. That draft does not vest the developer in an impact fee. City of Tukwila Page 3 of 3 Citv Council Special Meetina Minutes October 8. 2007 MOVED BY ROBERTSON, SECONDED BY LINDER THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. ROLL CALL VOTE: DUFFIE NO HERNANDEZ NO GRIFFIN NO CARTER YES HAGGERTON NO LINDER YES ROBERTSON YES MOTION FAILED 3-4. Council President Griffin explained she had not seen the resolution included in the packets at the time of the agenda review. She did not feel ready to vote on the issue tonight and would like to see it discussed at a Committee of the Whole meeting first. Councilmember Haggerton thanked Council President Griffin for her work on this issue and asked that the road -only agreement be a part of the agenda packet when this issue comes before the Council in the future. MOVED BY ROBERTSON, SECONDED BY GRIFFIN TO FORWARD THIS ISSUE TO THE NEXT COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED 7 -0. Jenny Durkan, Attorney representing La Pianta, offered comments regarding this issue. She is suggesting the matter be put off until after the first of the year when a new team can take a fresh look at the proposal. In her view, terminating the negotiations by a certain date conveys the wrong message. This project will provide a great many benefits to the City of Tukwila and the region. The City has been given $18 million in grant funds for use on this project and if the money is returned, it may be detrimental to Tukwila in the future. Ms. Durkan conveyed that disparity exists in the viewpoints regarding the financial risk involved. Additional information has been requested from staff in the past and is required to determine the cause of the variance. A greater amount of communication is also required, as well as involvement from independent experts. Ms. Durkan also provided her assessment of issues and timelines regarding the road -only agreement. She encouraged the City Council to defer this matter to a time after the upcoming election when-a new team, with the assistance of third parties, can revisit the issues with a fresh perspective. ADJOURNMENT 8:38 pm. MOVED BY ROBERTSON, SECONDED BY GRIFFIN THAT THE SPECIAL TUKWILA CITY COUNCIL MEETING BE ADJOURNED AND THE COUNCIL RESUME THE COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED 7 -0. 8 :38 pm Mayor Mullet declared a 10- minute recess before resuming the Committee of the Whole Meeting. Steven M. Mullet, Mayor e hiet-46› Christy O'Flah rty, Deputy City Clerk Approved by the City Council: 10/22/2007