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HomeMy WebLinkAbout2009-05-26 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers May 26, 2009 7:00 P.M. CALL TO ORDER /PLEDGE OF ALLEGIANCE MINUTES Council President Hernandez called the Tukwila City Council meeting to order at 7:08 p.m. Ms. Hernandez introduced the Foster High School Honor Society, Nicole Roberts, Shaun Roberts, Ashley Martin, Diane Phan and Joe Schenck, who led the audience in the Pledge of Allegiance. OFFICIALS Present were Joan Hernandez, Council President, Councilmembers Joe Duffie, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn. Councilmember Linder was not present. CITY OFFICIALS Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Steve Victor, Assistant City Attorney; Jim Morrow, Public Works Director; Bruce Fletcher, Parks and Recreation Director; Nora Gierloff, Community Development Deputy Director; Derek Speck, Economic Development Administrator; Shawn Hunstock, Finance Director; Mike Villa, Assistant Police Chief; Lisa Verner, Project Manager; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk CITIZEN COMMENT Catherine Desjardin, 3826 South 116 Street, requested assistance with an ordinance to lower the speed limit along the Duwamish River. She stated she has appeared before the Council in the past on this issue, and the wakes are causing her property damage. She took steps to stabilize the shoreline by placing rocks along the bank, and now has been issued a citation by Tukwila Code Enforcement for performing work without a permit. After several attempts to receive an answer about who is responsible for patrolling the river, her understanding is that it is the City's responsibility. She would like the Council to make changes that will protect property from being damaged. Council President Hernandez indicated she will request a review of the records associated with her complaint and have someone contact Ms. Desjardin. Rhonda Berry, City Administrator, indicated the Police Department has corresponded with Ms. Desjardin. The issue relating to the current Code Enforcement case is a different matter. PUBLIC HEARINGS Council President Hernandez indicated the City is holding five public hearings related to the Tukwila South project this evening. At the conclusion of the public hearings, the Council will deliberate on the proposals under Special Issues item 4e. 1. An ordinance adopting the Tukwila South Master Plan. 7:19 p.m. Council President Hernandez opened the public hearing. Lisa Verner, Project Manager, explained La Pianta, LLC has submitted an updated Master Plan which includes the Planning Commission recommendations for the Tukwila South project. The issue at this public hearing is the Tukwila South Master Plan application previously submitted in 2005. Tukwila City Council Committee of the Whole Minutes May 26, 2009 Page 2 of 12 Joanne McManus, 5610 South 133 Street, indicated she has been following this project since the very beginning. This project will be an asset to the City of Tukwila, and it is a good way to stimulate the economy. Jack McCullough, representing La Pianta LLC, indicated one suggested clarifying change to the ordinance would be a statement similar to "if the Development Agreement terminates prior to the expiration of its term, this ordinance shall expire without further legislative action." Mr. McCullough stated the applicant supports the ordinance. 7:26 p.m. Council President Hernandez closed the public hearing. 2. An ordinance amending the City's Zoning Code, Tukwila Municipal Code Title 18; adopting a new Tukwila Municipal Code Chapter 18.41 relating to a new Tukwila South Overlay District; and adopting the Tukwila South Design Manual. The proposal is to amend the Zoning Code in various chapters and add a new zone title, "Tukwila South Overlay District," that, if adopted, would be applied to the Tukwila South Project. 7:26 p.m. Council President Hernandez opened the public hearing. Nora Gierloff, Community Development Deputy Director, indicated the Title 18 zoning code revisions were the outcome of the interactive process between staff and La Pianta's consultants. During this process, the Tukwila South Design Manual was created. The organization of the Tukwila South Overlay would be a zoning district that would supersede the underlying zoning for the project area. The underlying zoning area includes Tukwila Valley South, Tukwila Urban Center, heavy industrial, mixed -use office, and low density residential. This wide range of zoning would come together under the new unified zoning overlay. This overlay allows for a broad range of uses, somewhat similar to the Tukwila Urban Center zone, with the exception of the addition of allowing Research and Development facilities in this area. Ms. Gierloff clarified that standards and guidelines for residential use are not included in the zone as it is currently written. Those standards would need to be developed prior to housing being developed within the overlay zone. The draft included in the agenda packet does not include any additional warehouse development, expansion of industrial uses or temporary housing. Ms. Gierloff also indicated implementation of the allowances in the Development Agreement would be incorporated in the zoning code and staff has suggested criteria and process for that approval. There were no public comments. 7:32 p.m. Council President Hernandez closed the public hearing. Jack McCullough, representing La Pianta LLC, indicated there should be an additional section in the ordinance under section 18.41.10 to include "and this overlay is imposed on the Tukwila South Master Plan area." It appears there is a missing section stating that the overlay is hereby imposed. Mr. McCullough also indicated one suggested clarifying change to the ordinance would be a statement similar to "if the Development Agreement terminates prior to the expiration of its term, this ordinance shall expire without further legislative action." Mr. McCullough stated the applicant supports the ordinance. Councilmember Quinn requested the City Attorney address the suggested changes provided by Mr. McCullough. Steve Victor, Assistant City Attorney, indicated the imposition would not appear in the codified version of the Tukwila Municipal Code, but it should appear in the ordinance to clarify the imposition on the Tukwila South Master Plan area. 3. An ordinance amending Tukwila Municipal Code Chapter 17.16 relating to detailed procedures for Binding Site Improvement Plans. 7:36 p.m. Council President Hernandez opened the public hearing. Tukwila City Council Committee of the Whole Minutes May 26, 2009 Page 3 of 12 Ms. Gierloff indicated the proposal is to amend the Binding Site Plan requirements and have the changes apply city wide. The changes would allow ownership within a large development. Jack McCullough, representing La Pianta LLC, stated this is an overall good step forward for the City. 7:39 p.m. Council President Hernandez closed the public hearing. 4. An ordinance amending Tukwila's Shoreline Master Plan map to pre- designate the shoreline area located within the Tukwila South Potential Annexation area as "urban environment" and for such designation to be effective upon annexation. 7:40 p.m. Council President Hernandez opened the public hearing. Lisa Verner, Project Manager, indicated this item is a proposal to amend the Shoreline Master Program map to illustrate the new City limits after the Tukwila South Project annexation and pre- designate the new shoreline as "Urban Environment." Jack McCullough, representing La Pianta LLC, indicated the applicant supports this ordinance. 7:42 p.m. Council President Hernandez closed the public hearing. 5. An ordinance designating the Tukwila South Project area a Sensitive Area Master Plan Overlay District; Quasi Judicial. 7:43 p.m. Council President Hernandez opened the public hearing. Steve Victor, Assistant City Attorney, indicated this is a quasi judicial hearing before the Council this evening. This is an ordinance designating the Tukwila South Project area a Sensitive Area Master Plan Overlay District. The following three "appearance of fairness" questions were asked of each of the six Councilmembers: 1. Do you or any member of your family have any interest in the subject property? 2. Do you stand to gain or lose by your decision on this matter? 3. Have you had any ex -parte communications regarding this application? Each of the Councilmembers answered "No" to all of the above questions. Ms. Verner indicated this proposal would apply a designation of "Sensitive Area Master Plan Overlay" to the Tukwila South project property to review the sensitive area on a comprehensive, property -wide basis. There were no public comments. 7:47 p.m. Council President Hernandez closed the public hearing. SPECIAL ISSUES a. An ordinance granting a non exclusive franchise to tw telecom of washington Ilc for the purpose of constructing, operating, and maintaining a telecommunications system in certain public rights -of -way in the City. Councilmember Hougardy indicated this item was discussed at the Utilities Committee meeting on May 12, 2009. The committee members were unanimous in recommending approval. Time Warner Telecom (TWTC) Franchise Ordinance No. 2227 was approved by Council on March 2, 2009 and renewed TWTC's franchise agreement to March 10, 2012. An amendment is necessary to incorporate the legal name of "tw telecom of washington Ilc" rather than Time Warner (still abbreviated TWTC). All other components of the ordinance remain the same. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Tukwila City Council Committee of the Whole Minutes May 26, 2009 Page 4 of 12 b. Bid award for 2009 -2010 Overlay Repair Program. Councilmember Quinn indicated this item was discussed at the Transportation Committee meeting on May 18, 2009. The committee members were unanimous in recommending approval. The 2009 -2010 Overlay and Repair Program was advertised for bids on April 20, 2009 and May 7, 2009 for 20 street segments and four additive items. Six bids were received with the apparent low base bid of $1,297,328.50 from Lakeside Industries. Jim Morrow, Public Works Director, indicated the base bid came in well under the engineer's estimate, and staff is recommending awarding the base bid and the four alternates. The remaining $450,000 from the amount budgeted would be returned to the General Fund. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. Construction Management Services for 2009 -2010 Overlay Repair Program. Councilmember Quinn indicated this item was discussed at the Transportation Committee meeting on May 18, 2009. The committee members were unanimous in recommending approval. Due to the large scope and complexity of the 2009 -2010 Overlay and Repair Program, as well as workload of in -house staff and quality control, an additional construction management consultant is proposed. Staff reviewed the Municipal Research and Services Center (MRSC) Consultant Roster and Anchor -QEA was determined to be the most qualified. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. An ordinance granting an extension to Sound Transit for the 35 Avenue South street vacation. Councilmember Quinn indicated this item was discussed at the Transportation Committee meeting on May 18, 2009. The committee members were unanimous in recommending approval. This ordinance will extend the expiration date for the Sound Transit street vacation located at 35 Avenue South (at the Tukwila International Boulevard station) to December 31, 2009. Sound Transit continues to work with the Washington State Department of Transportation to clarify underlying rights to the street vacation, and the current due date of April 30, 2009 was not sufficient time. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. Tukwila South Ordinances Council President Hernandez indicated the City Council will now begin deliberations on all of the items related to the Tukwila South Project. The Council will review each of the items individually, and at the end of each item decide if consensus exists to forward the item to the next Regular Meeting. 1. An ordinance adopting the Tukwila South Master Plan. Lisa Verner, Project Manager, indicated as part of the Tukwila South Project approval process, adoption of the Tukwila South Master Plan will provide a vision and framework for future development on the site. Councilmember Robertson inquired as to whether the proposed changes to the Master Plan would need to be incorporated into that Master Plan before it can move forward. Ms. Verner indicated the changes would need to be incorporated into the Master Plan, and the applicant has already agreed to those changes. The draft before the Council includes those changes. Councilmember Quinn asked the City Attorney to define a Master Plan. Tukwila City Council Committee of the Whole Minutes May 26, 2009 Page 5 of 12 Steve Victor, Assistant City Attorney, explained that a Master Plan guides development within the Master Plan's defined area, even if that development may be different from what is otherwise acceptable in the City. Councilmember Robertson inquired if the Council was under a legal requirement to address all the individual items within the same meeting. Ms. Verner stated they were not under any legal requirement to consider them within the same meeting, but they each need to be considered individually, with the development agreement considered last. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 2. An ordinance amending the City's Zoning Code, Tukwila Municipal Code Title 18; adopting a new Tukwila Municipal Code Chapter 18.41 relating to a new Tukwila South Overlay District; and adopting the Tukwila South Design Manual. Council President Hernandez explained this would: 1) amend the City's zoning code, TMC Title 18 2) adopt a new TMC Chapter 18.41 regarding a new Tukwila South Overlay District 3) adopt the Tukwila South Design Manual COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 3. An ordinance amending Tukwila Municipal Code Chapter 17.16 relating to detailed procedures for Binding Site Improvement Plans. Ms. Hernandez indicated this is an ordinance amending TMC Chapter 17.16 regarding procedures for Binding Site Improvement Plans. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 4. An ordinance amending Tukwila's Shoreline Master Plan map to pre- designate the shoreline area located within the Tukwila South Potential Annexation area as "urban environment" and for such designation to be effective upon annexation. Ms. Hernandez indicated this is an ordinance amending Tukwila's Shoreline Master Plan map to pre- designate the annexation's shoreline area as "urban environment," effective upon annexation. Councilmember Robertson asked if the City Attorney would review the list of suggestions made by Mr. McCullough during the public hearing, and provide a conclusion to the Council in the form of an information memo, which would then be incorporated into the June 1 St materials. Mr. Victor responded in the affirmative. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 5. An ordinance designating the Tukwila South Project area a Sensitive Area Master Plan Overlay District. Ms. Hernandez indicated this is an ordinance designating the Tukwila South Project area as a Sensitive Area Master Plan Overlay District. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 6. An ordinance authorizing the Mayor to enter into a Development Agreement with La Pianta, LLC for the project known as Tukwila South. This is an ordinance authorizing the Mayor to enter into a Development Agreement with La Pianta, LLC for the project known as Tukwila South. Council President Hernandez indicated this ordinance would include discussion on bike trails or any other issues regarding the Development Agreement. Tukwila City Council Committee of the Whole Minutes May 26, 2009 Page 6 of 12 Councilmember Hougardy indicated there had been discussion on whether the trails should be 14 -feet wide throughout the trail system with a two foot -wide shoulder on each side, for a total width of 18 -feet, versus what is stated in the Development Agreement. She pointed out the existing levee along the trail is a total of 14 -feet across. She suggested the Development Agreement simply stipulate a width of 14 -feet, which would eliminate the need to change the levee and additional associated costs. In addition, she believes the City would have to purchase property before the levee portion of the trail could be widened. If the levee is left as -is from 180 to 196 the City could, at that point, widen the trail to the desired 18 feet from 196 to 204 Councilmember Duffie indicated he would like to hear from La Pianta's attorney and the Parks and Recreation Department Director. Jack McCullough, representing La Pianta LLC, indicated this topic had been discussed during the last work session, after which the applicant reviewed the plans. The current plans called for fill elevation to match the existing trail in only a few locations, covering 1000 to 1500 feet of trail length. In most cases, they expected the final graded elevation would be below the height of the levee, by more than a foot or two. He wanted to reiterate the cost concerns. He thanked Councilmember Hougardy for her suggestion because it reflected the trail's dependence upon the levee design constraints. Widening the levee is a major and costly undertaking. There may be ways to avoid or minimize that cost. He also pointed out that some of the existing trail was only 10 -feet wide. The La Pianta team agreed the wider width is more desirable, and they would go ahead and make that donation to the City. However, they would prefer to work with the City and the Parks Department to find site- appropriate widths in some of those challenging areas instead of insisting on a fixed width for the entire length, which might prove to be very costly. Councilmember Hougardy wanted to clarify whether he was suggesting they leave the desired width at 14 -feet, but make it wider if possible. Mr. McCullough indicated they would like to keep the Development Agreement's language at the 14 -feet wide definition. However, from a cost and logistics point of view, they are willing to work with the City and the Parks Department to find a more cost effective solution for those sections of trail where that full width may not be feasible. Bruce Fletcher, Parks and Recreation Director, indicated the formal width adopted in the City's Walk and Roll plan is 18 -feet, which allows for a two direction, multi -mode, and safe distance standard. He pointed out that would be ideal for all the City's trails, but like any pathway system, the older sections were built to less rigorous standards. He suggested a minimum 12 -foot standard width with 2 -foot shoulders on each side. He recently traveled the whole length of the trail by bike, and pointed out that sometimes trail users do not follow courtesy and /or safety rules, and some sections of the trail are made more risky due to topographical issues. Additionally, Parks maintenance crews need a minimum width for their vehicles. He felt Councilmember Hougardy's amendment was a sensible compromise, given all these conflicting issues. Councilmember Quinn favored Councilmember Hougardy's amendment, as it looks at not only the present issues but also future trail needs. He was pleased the La Pianta team also seemed to agree with that progressive philosophy. If this development realizes its full, diversified potential, citizens will want and need a well developed trail system for a variety of reasons. He encouraged the Council to consider not merely the minimum width standard. Councilmember Hougardy added that La Pianta envisioned a high quality development, and a high quality trail system was consistent with that goal. Councilmember Griffin asked whether Councilmember Hougardy's amendment would require they return to the negotiating table with La Pianta. Ms. Verner indicated the trail width easement is part of the overall levee easement. She did not believe it would need to go back to the negotiating table. Rather, she would like the Council to make a policy decision. Councilmember Robertson stated he supported the proposed change. Tukwila City Council Committee of the Whole Minutes May 26, 2009 Page 7 of 12 Council President Hernandez asked Mr. Fletcher whether the Walk and Roll Plan was passed before or after the negotiations with La Pianta about the trail width. Mr. Fletcher replied that the Walk and Roll Plan was passed in January 2009. Ms. Verner clarified that trail width criteria have been a part of the ongoing La Pianta negotiations for at least the last year. They began writing the Development Agreement, including the trail widths, prior to the January 2009 adoption of the Walk and Roll Plan. Mr. Fletcher added that park property was also donated, and since then the Parks Department has implemented fees to help collect funds for acquiring new land in the future. Councilmember Duffie asked what the purpose was for the newly distributed 4.5.1 language. La Pianta has already approved the Development Agreement, and he was concerned the new language could keep the project from moving forward. He was in favor of staying with the existing agreement if there was any chance this amendment would derail their efforts. Mayor Haggerton stated there was no intent to circumvent the Walk and Roll Plan in these negotiations. The Development Agreement and the Walk and Roll Plan were being negotiated at the same time. The 14 -foot width came into focus because they were going to have a bicycle path going down the new five lane road. That new lane would have been 10 -feet maximum. During negotiations, they realized that some portions of the levee precluded that wider 18 -foot width, both physically and financially. He proposed they get an 18 -foot width everywhere they could. However, in those areas where that full width would cause undue hardship for either the City or the applicant, he would agree to a narrower trail. Mayor Haggerton read Councilmember Hougardy's proposal on this issue and supported the revised language. Councilmember Quinn conveyed he also supports the revised language. Mr. McCullough stated the concern was that La Pianta may need to redesign the levee and possibly the nearby retention pond if the levee crown needed to be wider to accommodate the wider trail. He also indicated he would prefer to review the proposed language and talk to various other parties before giving an answer. If during that review he or someone else found issues, they would keep in mind the City's preference for some flexibility and try to proceed accordingly. Councilmember Quinn added they had already spent significant time on this issue in previous work sessions. He asked whether minor changes to the proposal language would make it acceptable to the La Pianta team, and whether Councilmember Hougardy would be amenable to those changes. Mr. McCullough requested time to review the proposed changes and have discussions with Mr. Fletcher and La Pianta. Council President Hernandez asked Mr. Fletcher whether the Walk and Roll Plan included any kind of waiver or exception to that width under certain circumstances. Mr. Fletcher replied he had already spoken with staff on this point and they felt confident they could come up with an option that would work. Council President Hernandez asked if the Council agreed to allow the various parties time to review the amendment, discuss any potential implications or alternatives, and come back with their recommendations. Councilmember Duffie responded in the affirmative. Councilmember Robertson said he had already been planning to ask whether the Development Agreement was ready to go before a Regular Meeting. He does not believe it is ready. This issue requires resolution, and the Council has not yet received a final copy of the Agreement. To receive a final Tukwila City Council Committee of the Whole Minutes May 26, 2009 Page 8 of 12 copy the same night as the proposed adoption is unusual procedure. He feels a Special Meeting may be necessary and the deadline can still be met. Council President Hernandez asked if anyone had other questions about the Development Agreement. Councilmember Robertson said several wording and language decisions had been made in previous meetings that had not been carried forward. The first instance of that was the last sentence in section 4.8.1, which reads "The O &M Revenue will not include any increase in property tax revenue.." He pointed out that the two words increase in should have been deleted but had not been. He asked whether those words should have been deleted. Ms. Verner confirmed those words should have been deleted. Secondly, he referenced the phrase "...or any revenue from any business or land use existing or in operation on any portion of the Tukwila South property, as of date of this Agreement." He explained that sentence was defining sources for property tax revenue. During a previous meeting he had asked whether that sentence implied that changes in businesses or land uses that, without a new building being constructed, would be counted as exclusions from property tax. During that previous meeting, he had been told that was correct. He asked if that was still the intent. Ms. Verner indicated that was correct. His third question referenced Section 4.4 where it references sanitary sewers (on page 11 in the workbook or 234 in the packet). He read the last sentence: "Each sewer connection charge paid by La Pianta or a Parcel Builder shall be credited to La Pianta as O &M Revenue pursuant to Section 4.8.3." He stated this section seemed to be an odd place for this language. During previous discussions, Mr. Hugh Spitzer intended to add an expense statement or counterbalance statement. As it stands, this sentence requires the City to track its expenses and its revenues from the project in a fairly complicated way so the City can ensure they made enough money to cover the cost of the project. Councilmember Robertson complimented the Mayor and other parties for coming up with that method for ensuring financial protection. However, he feels the sentence he just read seems to negate that intent. If La Pianta could count those connection charges as revenue but the City could not count them as expense, the City would effectively lose approximately $2.5 to $3 million that could have helped pay for other costs. That language was supposed to be changed, and it had not yet been updated. Furthermore, he learned just prior to the meeting that the language was not going to be changed after all. He strongly requested the Council see the entire redlined document before they agree to anything, and secondly, he felt this particular issue needs further discussion. He did not know if the Council would go over it tonight, but he wanted Mr. Spitzer present during that discussion whenever it did take place. Lisa Verner clarified several points. Mr. Spitzer did not write this section or this particular language. He wrote section 4.8, not this section. He was asked questions about the wording of this section at a work session, and he had not studied it prior to providing an informal answer. Ms. Verner stated the sewer connection fees are the City's way of recovering the cost of building those sewers. In this case, the costs associated with the sewer connection are included in the costs associated with the construction of Southcenter Parkway. The sewer connection fees are one -time charges and do not include the monthly fees payable to King County Metro. Councilmember Robertson replied that he agreed with that intent, and he had originally suggested they delete this entire sentence because it conflicts with that intent. The problem is not with the sewer connection fees being properly billed or paid. Rather, operations and maintenance revenues and expenses are a separate set of books. If the City has an item on one side of the books and does not have an equal item on the other side of the books, the books are unbalanced. In this context, if they either do not remove this special credit or they do not add something on the expense side, they would functionally reduce the amount of money the City can receive out of this arrangement by $2.5 to $3 million. Ms. Verner indicated the sewer connection fees would not all be paid at once. Rather they would come in over the life of the project, so this does not represent a huge amount of money for any given year. The Tukwila City Council Committee of the Whole Minutes May 26, 2009 Page 9 of 12 City did negotiate with La Pianta for how those sewer connection fees should be calculated, and it was decided to handle it in the normal fashion, based on the total cost of the sewer. The decision was made to credit La Pianta for those sewer connections they brought in, to recognize they were contributing money, without changing the method the City normally used. Councilmember Robertson pointed out the sewer connection fee included a lot of pass- through money that would go directly to King County. Ms. Verner explained that is not the case as they are talking about a one time -only connection fee, not the normal monthly service fee. There is a connection fee, a capacity charge, which is a pass- through charge, and then the monthly fees, a portion of which are also pass- through. Rhonda Berry, City Administrator, explained the difference between the sewer connection charge, the capacity charge, and the monthly fees. The connection fee associated with connecting a home to the sewer system is the cost for building the sewer, with no pass- through charges. The capacity charge is a fee paid to King County, and the monthly service charges include a pass- through for King County Metro. Councilmember Quinn provided clarification that the main fee behind the capacity charge is based on King County's policy that growth pays for growth. Councilmember Robertson pointed out it was not the actual fee that concerned him. Rather, it was how it was accounted for. The separate set of books is the issue, and it constitutes special revenue, which is not counterbalanced by something on the expense side of the books. That lack of balance between the books will cost the City $2.5 to $3 million over whatever period of time, simply because of that one sentence. It is an accounting issue. Steve Victor, Assistant City Attorney, confirmed the connection charge was simply the City's way to recover the cost of building the sewer. In this case, the negotiation with La Pianta was an effort to avoid trying to calculate out whether the City or La Pianta paid for the sewers. Rather, the developer will receive that amount of funds spent counted toward their total revenue brought to the City. There is no corollary expense on the expense side because it is a one -time charge. Councilmember Robertson asked if the City expected to get $2.5 to $3 million in grant money to build the sewers. Ms. Verner clarified the City has already lined up $18.5 million to go towards the Southcenter Parkway expansion, part of which is the sewer line. That line will collect all the sewage from Tukwila South and send it north into the main trunk system. Councilmember Robertson indicated the City is also contributing $6 million to that construction, and whatever grant money the City also lined up. Ms. Verner indicated the City's contribution is to be used in conjunction with the $18.5 million. For that money the City will build a five -lane road, a main sewer line, a main storm drainage line, water, gas and electric service, much of which La Pianta will pay for. Mr. Victor indicated the connection fee will be paid, one connection at a time. If those connections are not made and the project does not grow, the revenues will not be there, nor would there be any associated expenses. Jack McCullough, La Pianta LLC, indicated that anything given by the City in terms of how these items are accounted for has been balanced out elsewhere in the contract. The costs for the sewer line construction are all addressed elsewhere in the agreement. The City is not going to pay out of pocket for these improvements. La Pianta is paying for improvements out of pocket but the City is not. La Pianta wanted their contribution to be balanced by using the connection fees as a credit for what they contributed. Council President Hernandez asked if anyone else had any questions on the Development Agreement. Tukwila City Council Committee of the Whole Minutes May 26, 2009 Page 10 of 12 Councilmember Quinn spoke of a related topic, that the Council heard comments at the May 18, 2009 Regular Meeting that citizens may sometimes be asked to pay large unknown sewer fees as a result of buying a home, and they were not prepared for those fees because no one had informed them they would be required to pay them. He felt it was important to call out those fees and be aware of that situation. Rhonda Berry, City Administrator, asked Councilmember Quinn if he was referring to the sewer connection fee, in a scenario where the owner sells a home and, then the connection fee becomes due. If so, that is an issue of full disclosure between buyer and seller. It is not something the City has any control over, other than making a notation on the property's title. Mayor Haggerton explained the accounting methods of the City. The City applies responsible accounting practices and utilizes professional accounting software packages under the direction of the Finance Director. Councilmember Robertson asked that a redlined version of the Development Agreement be provided to the Council. He would also like to see the Council schedule a Special Meeting after the Committee of the Whole meeting on June 8, 2009 to ensure there is enough time for continued discussion prior to adoption. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 7. A resolution declaring the real property located at Frager Road and South 200 Street to be surplus, and authorizing its exchange. Ms. Verner stated in order for the City to realign and reconstruct Southcenter Parkway, La Pianta LLC is donating approximately 13 acres as the necessary additional right -of -way. The property the City is proposing to convey to La Pianta consists of real property, stormwater pond, and approximately 9 acres of right -of -way. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 8. An ordinance vacating portions of the existing Frager Road right -of -way from approximately existing City limits to South 200 Street for the Tukwila South Project. Ms. Verner indicated the City has received a request to vacate the portion of Frager Road between the existing City limits south to South 200 Street, in exchange for dedication of a new Southcenter Parkway right -of -way. A public hearing on this is scheduled for June 1, 2009. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 9. An ordinance vacating portions of the existing Southcenter Parkway right -of -way from approximately South 180 Street to existing City limits for the Tukwila South Project. Ms. Verner stated in order to accommodate reconstructing and realigning Southcenter Parkway, the right of -way will be vacated to La Pianta, LLC, Gaco Western and Mitchell Moving, and La Pianta will donate right -of -way for a relocated Southcenter Parkway. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Haggerton indicated he attended a meeting with Sound Transit regarding the grand opening festivities of the Light Rail scheduled for July 17 and 18, 2009, and reminded Council of the event. Tukwila was the host for the Valley Cities Meeting on May 22, 2009. He also attended the May 25, 2009 Memorial Day festivities at the Museum of Flight. Mayor Haggerton expressed his appreciation to Rhonda Berry, City Administrator, for her assistance with preparing his Memorial Day speech. Tukwila City Council Committee of the Whole Minutes May 26, 2009 Page 11 of 12 b. City Council Councilmember Duffie attended the Memorial Day festivities at the Museum of Flight on May 25, 2009. Councilmember Robertson attended the South County Area Transportation Board (SCATBd) meeting on May 19, 2009. Councilmember Hougardy attended the Memorial Day festivities at the Museum of Flight on May 25, 2009. Council President Hernandez attended the May 21, 2009 Tukwila Historical Society Meeting. c. Staff Rhonda Berry, City Administrator, offered further explanation regarding waterways and the speed of boats. Ms. Berry stated that usually the Coast Guard would enforce laws on navigable waterways. The Coast Guard is willing to relinquish the enforcement of codes on the Duwamish to the Tukwila Police Department. She indicated that would only be successful if the Police Department had the means to patrol the waterway. The information provided to Ms. Desjardin by Commander Linton was that given all the competing priorities for law enforcement services, the likelihood of Tukwila Police enforcing noise and speed on the Duwamish River is not high. Ms. Desjardin does have a Code Enforcement case that was presented to the hearing examiner last week concerning the placement of rocks within the shoreline without a permit, and the City is waiting for the decision. Councilmember Robertson indicated part of her comments included implied damage from wakes and asked if that is the real issue on the river. Ms. Berry indicated she has discussed that possibility with staff, and they are highly doubtful. The City has not spent a lot of time investigating the claim of wake damage. She indicated a Council response is not necessary; the City has been responsive. Councilmember Quinn requested clarification regarding cases before the hearing examiner and asked if it would be advisable to weigh in after a decision has been determined. Steve Victor, Assistant City Attorney, indicated without reviewing the case itself, he is not sure whether an appeal would be heard before the City Council or before the Superior Court. It would be best to wait until the hearing examiner has made a decision. Council President Hernandez requested additional copies of the response by the City and a review of the case after a decision has been reached. d. City Attorney There was no report. e. Intergovernmental Kimberly Matej, Council Analyst, reminded the Council of the Budget Workshop on Thursday, May 28, 2009 at the Tukwila Community Center. MISCELLANEOUS Councilmember Duffie extended an invitation to staff and Council to attend the Tukwila Elementary School International Day Celebration on Friday, May 29, 2009. Tukwila City Council Committee of the Whole Minutes May 26, 2009 Page 12 of 12 ADJOURNMENT 9:54 p.m. COUNCIL PRESIDENT HERNANDEZ DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Joarfi Hernandez, Council President Minutes preparedly Lady of Letters, Inc. Reviewed by Melissa Hart, Deputy City Clerk