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HomeMy WebLinkAbout2008-02-11 Committee of the Whole MinutesCOMMITTEE OF THE WHOLE CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Joe Duffie called the meeting to order at 7:04 pm and led the audience in the Pledge of Allegiance. OFFICIALS Present were Joe Duffie, Council President; Councilmembers Joan Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, and De'Sean Quinn. ATTENDANCE Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney (arrived mid meeting, prior to discussion on item 4.g.); Jack Pace, Community Development Director; Minnie Dhaliwal, Acting Planning Supervisor; Rebecca Fox, Senior Planner; Maggi Lubov, CTR Coordinator; Jim Morrow, Public Works Director; Bruce Fletcher, Parks Recreation Director; Mary Miotke, IT Manager; Kimberly Matej, Council Analyst; Barbara Saxton, Administrative Support Coordinator CITIZEN COMMENT PUBLIC HEARING TUKWILA CITY COUNCIL February 11, 2008 7:00 pm Council Chambers City Hall Rhonda Berry, City Administrator, read a message from Kathy Znak, Sister City Committee Chairperson, who was ill and unable to attend the meeting. Due to increased travel costs over the original price quotes and limited hotel availability, the date for sending the City's first official delegation to Miyoshi, Japan has been postponed from April 2008 to April 2009. 2009 will mark the 30th anniversary of the City's Sister City affiliation, and will also provide a full year of fundraising opportunities for participants. Modifications to Zoning and Subdivision Codes to allow for zero -lot line townhouse development. Jack Pace, Community Development Director, stated the amendment to the Zoning and Subdivision Codes would allow for development of zero lot line /fee simple townhomes on individual lots. The code amendment is directed at multi family zones and will provide an opportunity for the City to provide additional owner- occupied housing in the means of townhouses on individual zero -lot -line lots. Minnie Dhaliwal, Acting Planning Supervisor, noted the issue was discussed at the Community Affairs Parks Committee on January 28, 2008. Medium density residential (MDR) and high density residential (HDR) zones in the City currently allow multi family developments. The proposed code change would provide another option in the multi family zone for townhouses. Current City codes addressing setback and other requirements were written more for larger apartment complexes. Ms. Dhaliwal used a Powerpoint presentation to show an example of a townhouse development in Tukwila known as the Hollycrest Townhomes, which were built under King County Code in 1987. They feature attached, zero lot -line units, with different floor levels shared by different dwelling units. The homeowner owns the space from the bottom to the top level. These are 2,200- to 3,100- square -foot lots; units themselves are 1,300 to 1,650 square feet. Characteristics that define a townhouse are that it is ground related housing, with individual units attached along at least one common wall, and each unit occupies space from the ground to the roof and has direct access to private open space. Other examples were shown, such as a development in Renton, which has a detached zero lot line built right up to the property line, with the neighboring home having an easement for maintenance purposes. City of Tukwila Page 2 of 10 City Council Committee of the Whole Minutes February 11. 2008 There are three basic layers to the proposed code changes: 1. Technical changes to create individual townhouse lots. (The City's current code would not allow this type of development due to setback requirements.) 2. Changes to Tukwila's bulk and coverage limitations to encourage the market to provide townhouses. 3. Adoption of specific design guidelines, as this type of development is not addressed in the current Multi Family Design Guidelines. Changes to the Subdivision Code would involve applying the lot size to the parent lot. The mechanism for short plat and subdivision process would remain the same (preliminary approval, build infrastructure, final approval, and building permits), with the addition of the design review process. The City would allow the building foundations to be constructed prior to final approval along with the rest of the site improvements, so the lot lines may be accurately drawn through the existing common walls. Ms. Dhaliwal also explained the requirements relating to setbacks (no tiered setback), modulation (shorter building length in exchange for not increasing the modulation for 3 or 4 stories; and no more than 4 attached homes), parking requirements (two off street parking spaces for up to three bedrooms; one parking space must be in a garage), and recreation space (relating to square footage requirements, fencing, and common open space). This information is outlined in the Townhouse Design Guidelines included in the agenda packet. 7:24:33 p.m. Council President Duffie opened the public hearing and called for citizen comments. Carl Roberts, 5141 Mill Pond Loop SE, Auburn, Washington 98092, spoke in support of the zoning change to the zero -lot -line structure. Mr. Roberts is involved in real estate and previously worked in the fields of civil engineering and planning. He feels the opportunity to own land and a home will pull people to Tukwila from other areas. Mike Overbeck, 4620 S. 148th St, Tukwila, Washington 98168, stated he is in favor of the proposal with the exception of the City's proposed landscape setback requirements, which he feels take up too much of a lot's buildable land. Mr. Overbeck provided a handout to Council outlining his recommendations and information on setbacks required by adjoining jurisdictions. The biggest problem comes with narrow lots (80 feet or less), where he would like to see the landscape requirement for side yard setback reduced from 10 feet to 5 feet. On a lot he is interested in developing, the 10 -foot requirement would mean 35% of his lot would need to be landscaped. Jim Barker, 8715 NE 119th St, Kirkland, Washington 98034, is an architect, and he distributed samples of landscape plans from similar developments in Seattle, King County and Bothell. He stated that in most of these other areas the front, rear and side setback requirements are more flexible and in his experience he felt that in almost every case more than the minimum landscaping was provided. Han Phan, 5130 S. 166th Lane, SeaTac, Washington 98188, stated that he received notice of the City's proposal through his employer, The Concept Group. He provided plans for two examples his firm recently designed in Seattle. Those developments include an easement to go in the back and to all the townhouses, plus parking inside a garage, instead of two parking spaces outside the building. Leonard Gazhenko of GLG Homes, Inc., 3702 W. Valley Hwy., #102, Auburn, Washington 98001, is also the owner of 10 acres of property located at 13112 Military Road So. in Tukwila. He spoke in support of the City's proposal to approve zero lot line townhome developments as he felt it would help the market and developers. Peraxel Lindstrom, PO Box 9848, Seattle, Washington 98109, spoke in support of the zoning and subdivision code amendments for several reasons: Would provide an excellent transition to single family housing Adds greater flexibility and options to developers, and greater optimization in feasibility of smaller projects Feels the Growth Management Act not only encourages, but also mandates, this type of change City of Tukwila Page 3 of 10 City Council Committee of the Whole Minutes February 11. 2008 7:43.43 p.m. Council President Duffie closed the public hearing. SPECIAL ISSUES a. Interlocal agreements for grant funding for the Recycling Program, Councilmember Griffin indicated this item was discussed at the Utilities Committee on February 4, 2008. The committee members were unanimous in recommending approval. Rebecca Fox, Senior Planner, stated the City has operated a Recycling Assistance Program since the early 1990s, which has provided programs for residents such as special recycling events; distribution of reduced price compost bins, worm bins and rain barrels; community garage sales; and assistance at the community shred day. The program has also assisted businesses starting or improving recycling programs and with other aspects of resource conservation. Funds for these services are provided exclusively through grants, which the City has been awarded from the State of Washington and King County's Solid Waste Division. There is no financial impact to the City's General Fund. An interlocal agreement is required for the City to accept two grants that have been awarded for the 2008 -09 grant cycle. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. A resolution regarding the Growth and Transportation Efficiency Center (GTEC). Councilmember Linder indicated this item was discussed at the Transportation Committee meeting on January 29, 2008. The committee members were unanimous in recommending approval. Maggi Lubov, CTR Coordinator, stated the GTEC designation promotes the City's vision of the Tukwila Urban Center and will aid in transportation demand management. The GTEC program is a 6 -year, voluntary strategic plan that was created with planning funds from the Washington State Department of Transportation (WSDOT). Ms. Lubov explained the urgency in obtaining the GTEC designation is to allow the City to take advantage of WSDOT funds to take a base measurement survey for all employees within the defined Urban Center. The City will not be committed to implement or fund any measures; the designation simply allows the City to take advantage of the offer of technical assistance from WSDOT. In response to questions from Council, Ms. Lubov explained that while the plan summary (page 136 of the agenda packet) does reflect an approximate $6 million shortfall in revenue versus expenses, the funding gaps are addressed on page 137, with options the City may pursue to help offset those costs. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. An ordinance regarding modifications to Zoning and Subdivision Codes to allow for zero -lot line townhouse development. Councilmember Hernandez indicated this item was discussed at the Community Affairs Parks Committee meeting on January 28, 2008. The committee members were unanimous in recommending approval. In Tight of the complexity of this issue and the remaining items on this evening's agenda, Council discussed how they would approach the issue. Consensus existed to proceed with in -depth discussion at this meeting, including answering questions raised by citizens during the public hearing earlier this evening, followed by questions from Council. In response to a citizen comment during the public hearing, Minnie Dhaliwal stated the issue of landscaping setbacks was discussed in detail by the Planning Commission. The Planning Commission decided to keep the 10 -foot landscape requirement along the sides. There is a provision in the code that allows for an applicant to apply for perimeter averaging, as in Mr. Overbeck's case. She also noted that City of Tukwila Page 4 of 10 City Council Committee of the Whole Minutes February 11. 2008 townhouses may count their perimeter setback landscaping towards their open space, so that advantage is already being made available. She noted, however, that building the road right next to the property line without any buffer with the adjacent property would not be allowed under the averaging. In response to the comment by Han Phan during the public hearing regarding parking, Ms. Dhaliwal confirmed that the proposed code does require one parking space to be in an attached garage (one could be outside, but at least one must be in a garage). In response to questions from Council, Ms. Dhaliwal confirmed the design review criteria outlined in the draft ordinance (on pages 16, 17 and 18 of the agenda packet) are the same as those currently outlined in the code. Council continued with a page -by -page review of the information provided in the agenda packet. Councilmember Robertson questioned the use of the word "should" in the first sentence of paragraph A (page 20 of the agenda packet). Ms. Dhaliwal confirmed that applicants must meet all criteria in the design guidelines, but they may be site specific. If conditions apply, they have to be met. She reiterated that these design guidelines are as important as the requirements outlined in the code. It was agreed that the word "should" be replaced with "shall" in paragraph A. Councilmember Hougardy questioned the strength of the wording under "Natural Environment" (page 21) regarding incorporating "existing healthy and attractive vegetation into project design by locating buildings to maximize significant tree retention on slopes, retain tree stands, and minimize disturbance of sensitive areas." Ms. Dhaliwal noted the current code requires that if a tree is taken down along any sensitive areas, it must be replaced. Should a tree preclude any development on the property, the design review process would be the mechanism for making these decisions. Rhonda Berry, City Administrator, noted these guidelines are used in conjunction with other standards and rules and will apply when the situation warrants. Ms. Dhaliwal responded to other questions from Council regarding density calculations (referencing the MDR Basic Development Standards on page 11 of the agenda packet); setback requirements (in relation to the street, yard, parent lot and adjacent low density residential [LDR] areas); modulation (horizontal and /or vertical); easement/yard usage where two detached units are adjacent to one side lot line; common area guidelines (which only apply if there are more than 9 units); and neighborhood compatibility. Councilmember Robertson questioned the increase in the development coverage limitation (from 50% to 75 The important issue, as it relates to development coverage, is the ground's ability to absorb surface water, and the proposed change creates a one fourth reduction in that ability. Mr. Robertson asked whether consideration had been given to requiring pervious surfaces, i.e. constructing the driveways using pervious cement, if development goes to 75% coverage. Ms. Dhaliwal responded that would be part of the design review process, i.e. the use of permeable solutions would be encouraged. Jim Morrow, Public Works Director, responded there are low impact development options, which need to be looked at on a site -by -site basis because geological conditions between sites change dramatically. Permeable asphalt may work well on one site, but may not perc on another site. In addition, these permeable surfaces require a great deal more maintenance work either for the City or the property owner. Common bioswales by the roadway may also be an option when the townhouses are developed in groups. If a developer wishes to use low impact development options, they will be required to demonstrate the site will accept the proposed method. Ms. Dhaliwal suggested a change to the wording to the effect that if a site allows for such measures —and the drainage design meets all adopted codes —the increase from 50% to 75% shall use low impact development techniques. In response to a question about Section 14 of the proposed ordinance, paragraph 1.c., Ms. Dhaliwal will change language to clarify that it is applicable to townhouses only. City of Tukwila Page 5 of 10 City Council Committee of the Whole Minutes February 11. 2008 Ms. Dhaliwal also explained the process for achieving the design elements outlined in Section II, Building Design, of the Townhouse Design Guidelines. The design review process goes to a public hearing, and the Planning Commission would make a final decision. Councilmember Hernandez noted what appeared to be conflicting requirements regarding building entrances (on pages 28 and 30 of the agenda packet). Ms. Dhaliwal indicated that changes would be made to clarify the intent. Discussion was held regarding roofline variations, and whether flat roofs should be allowed as an option due to leakage problems common in our climate. It was agreed that wording to the effect of "Flat roofs shall be discouraged" would be included. Mr. Pace noted that the intent was to refine the City's existing multi family guidelines for townhouses, while allowing for some flexibility in order to avoid "cookie- cutter designs" among multiple developments. It was also noted that these guidelines would apply to redeveloped housing in high density residential (HDR) zones also —not just new construction —and as such could impact existing neighborhoods. Council discussed options such as allowing several townhouse developments as a pilot project, as was done recently with cottage housing, or limiting the number or location of allowed developments that would initially be approved. It was noted the cottage housing project was designed to open up LDR zones for a higher density. Condominiums would already be an allowed option, but townhouses provide an opportunity for residents to also own the land. Mr. Pace suggested that staff come back and provide a report after 3 townhouse projects have been built for Council to evaluate whether any additional changes need to be made to the Code and /or design guidelines. He also discussed ways to incorporate incentives for developers, while also adhering to several factors Council has considered important in the past: Encouraging owner occupied housing. Relating the new project to the surrounding houses. Achieving better design quality (to avoid the appearance of an "army barracks Relating the project to the public street, while incorporating the long, narrow lots common in many parts of the City. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE REGULAR MEETING SCHEDULED FOR MARCH 3, 2008. 9:17 :03 p.m. Council President Duffle declared a 5- minute break from the meeting 9:25:50 p.m. Council President Duffle re- convened the meeting d. A resolution regarding Municipal Research and Services Center (MRSC) rosters for construction and consultant contracts. Councilmember Griffin indicated this item was discussed at the Utilities Committee on February 4, 2008, and the committee members were unanimous in recommending approval. Councilmember Linder indicated this item was also discussed at the Transportation Committee on January 29, 2008, and those committee members were unanimous in recommending approval. Jim Morrow, Public Works Director, explained the City currently maintains a small works roster, both for construction and consultants. The City of Lynnwood initiated and developed shared rosters several years ago, but the process has now outgrown their capabilities. MRSC has agreed to take on the effort, which will save the City from advertising and evaluating individual qualifications. Instead, the City would be able to go to the MRSC database, select a contractor or consultant, and proceed with our usual process, resulting in a savings of time, effort and money. Councilmember Quinn noted that this was an excellent example of using technology to protect taxpayer dollars. City of Tukwila Page 6 of 10 City Council Committee of the Whole Minutes February 11, 2008 In response to a question from Han Phan in the audience 5130 S. 166th Lane, SeaTac, Washington 98188) regarding how the City would select a consultant, Mr. Morrow explained they would select anywhere from 5 to 7 qualified contractors or consultants from the central database, contact them to see if they were interested in the proposed project, obtain bids, and then evaluate the applicants through the City's standard selection process. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. Southcenter Boulevard Water Main Replacement final settlement and budget shortfall. Councilmember Griffin indicated this item was discussed at the Utilities Committee on February 4, 2008. The committee members were unanimous in recommending approval. This project replaced the water main from Grady Way to Tukwila Parkway and required crossing the Southcenter Boulevard bridge. Mr. Morrow explained two occurrences that resulted in a $49,035 budget shortfall. A change order was needed as a result of Time Warner requesting additional conduits be put on the bridge. In addition, the contractor protested that the design plans were not clear enough to allow the bidder to plan for all the intricacies required for the project without significant extra labor, materials and equipment. Funds to pay for this shortfall would come from two sources: Time Warner ($45,000), and an additional $4,000 from the Interurban Water Reuse Project included in the 2008 -2013 CIP (reference page 167 of the agenda packet). COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. f. An ordinance regarding emergency management. Councilmember Robertson indicated this item was discussed at the Finance Safety Committee meeting on February 5, 2008. The committee members were unanimous in recommending approval. This ordinance will update Chapter 2.57 of the Tukwila Municipal Code to incorporate the requirements of the Incident Command System (ICS) per the National Incident Management System (NIMS) for emergency management. Mr. Morrow presented Council with the following additional language (which would be added to the ordinance as Section 2.57.70) to define the responsibilities of the Emergency Management Coordinator: 2.57.70 Emergency Management Coordinator The Emergency Management Coordinator (EMC) is a full -time position that reports to the Director of Emergency Management. The EMC will assure, as part of the position's responsibilities, that the Comprehensive Emergency Management Plan and its supporting procedures are reviewed and updated annually; that an education and training program is developed and implemented in emergency management tasks for City employees, residents, and businesses; and that periodic training and field exercises are conducted. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. g. Amendment #1 to Contract #03 -058 with Starfire Sports. Councilmember Hernandez indicated this item was discussed at the Community Affairs Parks Committee meeting on January 28, 2008. The committee members were unanimous in recommending approval. Amendments would be made to several sections of the City's contract with Starfire Sports in order to allow new soccer fields to be constructed at the softball complex at Fort Dent Park, and to address parking issues and allow free parking for Tukwila residents. City of Tukwila Page 7 of 10 City Council Committee of the Whole Minutes February 11. 2008 Bruce Fletcher, Parks Recreation Director, provided background on the City's acquisition of Fort Dent Park. In 2001 King County planned to close Fort Dent. The City's budget would not allow the City to acquire and operate the park, but Starfire Sports, a non profit organization, approached the City with a proposal for a public /non profit partnership. The City then accepted the property and entered into a long- term agreement with Starfire in March 2003. Fort Dent is currently the most -used park in the City. The Seattle area was recently awarded an expansion Major League Soccer (MLS) franchise that will compete in 2009. Starfire Sports and the owners of the new MLS franchise made a proposal to the City to turn the softball complex at Fort Dent Park into soccer fields to serve as the team's practice facility. Mr. Fletcher noted there are currently 13 teams (and 29 Tukwila residents) playing softball in Tukwila's Parks Recreation programs, while youth soccer had over 400 youth playing in 2007 (of which 200 were Tukwila residents). Adrian Hanauer, 1964 4th Ave. So., Seattle, Washington 98134, introduced himself as one of the owners of the Major League Soccer franchise just announced in Seattle 3 months ago. Soccer is the most popular sport in the world, and is equally accessible for boys, girls, all economic levels and backgrounds, and all ethnic backgrounds. In order to build a world -class organization, they need a world -class facility to train, and he has been equally impressed with the quality of the facility and the commitment of Starfire's organization and staff to this community. Mr. Hanauer stated that team members come from diverse backgrounds and are good role models. An important part of their charter is to work with kids, as it relates both to being good soccer players and good citizens. Camps, clinics, development, and school appearances will all be part of their responsibility as professional athletes. Chris Slatt, Chief Executive Officer of Starfire Sports, 14800 Starfire Way, Tukwila, Washington 98188, displayed a preliminary concept drawing of the proposed change, which he noted may be impacted by forthcoming improvements to the dyke in that area. The proposal would include two large fields for the professional team to train on, two 50x85 yard fields, and 8 smaller fields for younger players. Ms. Berry noted that a pre application meeting has been held, and the firm involved is familiar with dike issues and drainage issues. Mr. Slatt also noted there have been some discussions with Public Works regarding water retention. Councilmember Robertson asked Mr. Slatt, "Would there be any cost to the City for that entire facility, including stormwater drainage changes and things like that Mr. Slatt responded, "I don't believe that's contemplated at all." Councilmember Robertson asked, "If there's additional stormwater work, that would be at Starfire's or the MLS team's expense Mr. Slatt responded, "I would assume so, and that would come out of the normal process that would, you know, we would go through the design process to see if there are any implications there." Angelica Tapia, 5821 S. 152nd PI, #17, Tukwila, Washington 98188, spoke on behalf of Starfire, and also submitted letters from several other residents who were not able to attend tonight's meeting. Ms. Tapia stated that she has boys who play soccer and has seen the positive impacts it has had on their lives. She also appreciates Starfire's outreach program to youth in the community. Ms. Tapia also stated that her husband plays softball and would be impacted by the change, but he realizes there are other places to play softball. Stephan Tapia, 5821 S. 152nd PI., #17, Tukwila, Washington 98188, has lived in Tukwila his whole life and currently attends Showalter Middle School. He stated he feels the members of the Seattle Sounders, who currently practice at Starfire, have been good role models for him. Adrian Hernandez, 3700 Southcenter Blvd., #26, Tukwila, Washington 98188, stated his experiences playing soccer at Starfire have helped him in school and to make friends, and improved his soccer skills. Jeremiah Paaga, 15046 Macadam Rd., #J2, Tukwila, Washington 98188, stated that Starfire is a good place for kids, teens and adults. He enjoys going there for soccer, but also to visit friends and the staff. He has received some training from several of the Seattle Sounder players and feels they have been a good influence on his life. City of Tukwila Page 8 of 10 City Council Committee of the Whole Minutes February 11. 2008 Lolita O'Donnell, 812 SW 174th St., Normandy Park, Washington 98166, has been a volunteer for Tukwila soccer for the past 9 years. She is currently involved with two teams that have a tremendous relationship with Starfire. She is excited about the opportunity this could bring to children from all walks of life in the community. Scott Elston, 30614 2nd Ave. SW, Federal Way, Washington 98023, is the current President of Tukwila Soccer, and feels Starfire has a major influence on their organization and the children they represent in our community. They provide an opportunity for children from lower eco- social backgrounds to play soccer, and many receive scholarships, with assistance from Starfire. He feels it would be a tremendous inspiration to the children to have major league soccer in their own backyard. John Hendron, 18302 NE 107th St., Redmond, Washington, spoke in opposition to the proposal. His family moved to Seattle in 1974, and subsequently to Redmond. He feels Fort Dent was a regional park built by taxpayers from the County. If the park is converted to a soccer -only facility, it will be unusable to his family. The current facility is the premier softball complex in the State of Washington, and national championships have been held there. Mr. Hendron stated he would be more amenable to the proposal if it was to be used for youth soccer, but feels giving it to a private enterprise is wrong. Jim Donner, 2303 North 194th St., Shoreline, Washington 98133, stated he is both in favor of and opposed to the proposal. Mr. Donner is the ASA Youth Commissioner for Seattle /Tacoma and hosted national championships at Fort Dent Park in 1999, 2001, 2002, 2006. 136 teams from 37 different states participated in the 2006 tournament, including booking hotel rooms for 6 nights and renting fields for 22 weekends. He has played for 30+ years and coached fast -pitch softball for 11 years, and Fort Dent Park is the best place to play in the State. There are only a limited number of other fields in the area north of Kent. Mr. Donner said that he has also worked at Starfire, and is aware of issues with the softball fields such as cracked concrete, short fences, and drainage problems, and understands there are limited funds to pay for infrastructure improvements. Therefore, he feels it would be a shame to have the soccer option rejected if there is no money to make needed improvements for softball. He would like the Council to recognize there is a need in this area for 4 -field softball complexes where tournaments could be held. In response to a request from Councilmember Quinn, Mr. Slatt explained the difference between the cost of maintaining softball fields versus soccer fields. The cost of maintaining the infields for softball to top level is extremely expensive, as they can get very hard and dangerous in our climate, and maintaining the grass is also expensive. Soccer fields use synthetic turf, so maintenance is much less. He did note that some softball fields are now being built with synthetic turf fields. Another difference is that soccer games are played in all weather conditions, whereas in softball there are rainouts, resulting in no income to the complex. Mr. Slatt stated that the MLS team would like to start training before the end of 2008, so construction would potentially start this summer. It is possible, therefore, the complex would be available for a partial softball season this year. Councilmember Robertson directed a question to City Attorney Shelley Kerslake as to whether there would be a conflict with a grass field being dedicated for professional use when the City's agreement with King County states it would be used for "recreational use Ms. Kerslake stated the deed restriction is not well defined as to what recreation is. A rough calculation shows that the percentage of the total Starfire complex that may not be available for public use would be approximately 3 however, the City would gain additional fields for younger players in exchange. The City is also getting an asset in having these professional players promoting recreation in the community. The risk would be a suit by King County if they chose to enforce the deed restriction. The penalty to the City would be they would have to give the County equivalent park land in return —which would be ironic as the the County has been trying to reduce the amount of park land they own. Another option would be for the City to ask the developer to indemnify the City, so any risk would fall to the developer to defend that suit. In her opinion, the risk of a suit by King County appears relatively low, as her office could find no case where the County had enforced its right under the deed restriction in other cities. City of Tukwila Page 9 of 10 City Council Committee of the Whole Minutes February 11. 2008 In response to a question from Mayor Haggerton about the MLS players' involvement with the community, Mr. Slatt stated that Starfire is currently working with Tukwila Community Schools Collaboration (TCSC) to provide programs such as a combination study /play program. The presence of MLS players would provide a great opportunity for youth to share experiences with professional players. Mr. Hanauer noted that the Seattle Sounders players who currently practice at the complex are very good about participating in informal coaching sessions with the kids. Most of the players have gone on to get their degree; they understand hard work and goal setting, and live healthy lifestyles. This all happens now in an informal atmosphere, and they are talking with Starfire about more formal programs also. A public hearing on this issue is scheduled for February 19, 2008. Mr. Fletcher stated that a notice would be sent to all softball captains currently participating through the City's programs. Mr. Fletcher also addressed the amendment as it relates to parking. Section 1.9 of the contract would be amended to state the City and Starfire would work together should any additional parking be required, and to provide free parking to Tukwila residents during events. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Haggerton noted that a question from a citizen was raised at the last meeting regarding the status of Tukwila Village, and stated that a letter was delivered to Northfield Car Wash on February 5, 2008 requesting vacation of that property within 30 days. He also stated that he has heard references that the City has abandoned the CERT training program; however, the City is currently re- evaluating the job description of that position and will be soliciting a CERT trainer. The Mayor also had meetings with Debra Entenman from U.S. Representative Adam Smith's Tacoma office on February 5, 2008; Denis Law, Mayor of Renton, on February 7, 2008, regarding the Strander Extension project; and Joni Earl, Chief Executive Officer of Sound Transit, regarding the commuter rail station. b. City Council Councilmember Hernandez attended an Affordable Housing Advisory Board meeting on February 6, 2008. She also attended the Sound Transit Open House that evening. On February 7, 2008 she attended a meeting at the Community Center regarding the Centennial historic homes tour, and the Russian delegation's visit at Tukwila Elementary School. On February 7, 2008, Councilmember Hernandez also attended a briefing at the fire station for the fire services consultant interviews, and the Equity Diversity Commission meeting that evening. On February 8, 2008, she attended the Chamber of Commerce lunch, the California Pizza Kitchen event on February 10, 2008, and their ribbon cutting earlier today. Councilmember Linder had no report. Councilmember Robertson had no report. Councilmember Griffin had no report. Councilmember Hougardy attended the Government Affairs meeting on February 5, 2008, where Mayor Haggerton gave a report on the City, and the Finance Safety Committee meeting that evening. On February 7, 2008, she attended a meeting on upcoming Centennial events (she is serving as chair of the committee planning the historic homes tour), and the visit of the Russian delegation to Tukwila Elementary School. On February 8, 2008, she attended the Chamber of Commerce lunch, and the California Pizza Kitchen event on February 10, 2008. Councilmember Quinn attended the visit of the Russian delegation to Tukwila Elementary School on February 7, 2008, and the California Pizza Kitchen event on February 10, which he noted drew people from Seattle and other areas. City of Tukwila Page 10 of 10 City Council Committee of the Whole Minutes February 11. 2008 Council President Duffie thanked City Administrator Rhonda Berry, the Fire Chief, Police Chief, and Derek Speck, Economic Development Administrator, for attending the visit of the Russian delegation to Tukwila Elementary School. He stated that members of the delegation praised the warm reception they received in Tukwila. Mr. Duffie also requested that Councilmembers respond as soon as possible to the e -mail sent by Council Analyst Kimberly Matej regarding the upcoming Council retreat. c. Staff Rhonda Berry, City Administrator, reported that during the Mayor's meeting on February 5, 2008 with Debra Entenman, liaison for Adam's Smith's office, Ms. Entenman encouraged high school and college students to apply for an internship with their office. Ms. Berry also reported that City Clerk Jane Cantu will be retiring effective March 31 after 20 years of service to the City. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovenmental No report. MISCELLANEOUS Mayor Haggerton noted that his wife, Carol, will be unable to attend the Council retreat this month due to the recent death of a relative and severe illness of a second relative. ADJOURNMENT 10:45:37 p.m. COUNCIL PRESIDENT DUFFIE DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. uncil Presid d el V Vt 7C Barbara Saxton, Admi Support Coordinator