HomeMy WebLinkAbout2009-06-08 Special MinutesCITY OFFICIALS
AMEND AGENDA
UNFINISHED BUSINESS
Tukwila City Council
City Hall Council Chambers
NEW BUSINESS (per motion above)
MINUTES
CALL TO ORDER
Mayor Haggerton called the Special Meeting of the Tukwila City Council Meeting to order at 8:56 p.m.
ROLL CALL
Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie,
Joan Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn.
Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Steve Victor; Assistant City Attorney;
Lisa Verner, Project Manager; Shawn Hunstock, Finance Director; Nick Olivas, Fire Chief; Jim Morrow,
Public Works Director; Nora Gierloff, Community Development Deputy Director; Brandon Miles, Senior
Planner; Derek Speck, Economic Development Administrator; Mary Miotke, Information Technology
Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk.
MOVED BY HERNANDEZ, SECONDED BY QUINN TO AMEND THE AGENDA TO CONSIDER NEW
BUSINESS ITEM 4, REGARDING THE FIRE TRUCK REPAIR BID AWARD, DIRECTLY AFTER THE
CONSENT AGENDA. MOTION CARRIED 7 -0.
CONSENT AGENDA Approval of Minutes: 5/18/09 (Regular)
MOVED BY DUFFIE, SECONDED BY GRIFFIN THAT THE CONSENT AGENDA BE APPROVED AS
SUBMITTED. MOTION CARRIED 7 -0.
Authorize the Mayor to accept a bid from Heiser Body Company, Inc. for repair of Fire Truck #1355
in the amount of $31,922.75.
MOVED BY ROBERTSON, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO ACCEPT A
BID FROM HEISER BODY COMPANY, INC. FOR REPAIR OF FIRE TRUCK #1355 IN THE AMOUNT
OF $31,922.75. MOTION CARRIED 7 -0.
a. An ordinance authorizing the Mayor to enter into a Development Agreement with La Pianta,
LLC for the project known as Tukwila South.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING BY REFERENCE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TUKWILA AND LA PIANTA LLC FOR THE TUKWILA SOUTH DEVELOPMENT; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed ordinance by title only.
Special Meeting
June 8, 2009 8:56 P.M.
Tukwila City Council Special Meeting Minutes
June 8, 2009 Page 2 of 5
MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ.*
Councilmember Linder raised the issue of the trail system width. Specifically, she referenced the narrow
sections of trail across the levee within the La Pianta project, versus the wider trail width that Council has
approved for the Walk and Roll Plan. She pointed out that deliberations on this project should not only
involve whether to approve the La Pianta project, but also the issue of what the City will look like well into
the future. This project has a Development Agreement because it is unique, and needs to be evaluated
on that basis. She would like to see a trail system that will do justice to this development in the future,
and ensure the width of the trails meet current City standards.
MOVED BY LINDER, TO AMEND THE DEVELOPMENT AGREEMENT LANGUAGE ON PAGE 12,
SECTION 4.5.1, TO HAVE THE TRAIL WIDTH BE 14 FEET PAVED AND A 2 FOOT SHOULDER ON
EITHER SIDE. MOTION DIES DUE TO LACK OF A SECOND.
Councilmember Griffin suggested the possibility of including language that the trail width could be 18 feet
where possible.
Jack McCullough, Attorney for La Pianta, offered further explanation on this issue. With regard to the
question of cost, he explained they will not know the final cost until the City acts on the Shoreline Master
Program. Additionally, the cost would be affected by the issue of whether the land -side levee would be
backfilled all the way to the top. Four years ago, before the new Shoreline Master Program, that backfill
answer would have been yes, at which time they could make the trail as wide as desired. The cost would
have been minimal. The only reason to fill the land -side of the levee is if that area can then be used. The
new Shoreline Master Program requires a setback, which appears to be at least the width of the levee.
This, in turn, would prevent any potential use even if that area is filled. If that is the case, La Pianta would
not bring in fill to the top of the levee because they would have no reason to do so, because that area
cannot be used. Since that issue is still unresolved, they cannot answer how much it will cost. The worst
case scenario would require La Pianta to redesign and build the levee wider, simply to accommodate that
wider trail. The potential cost of that could be estimated at $1 million.
He acknowledged they have had a number of positions on the trail width in that area over the lifespan of
the program. They ultimately decided the Walk and Roll Plan would only be meaningful once it is
adopted as part of the Shoreline Master Plan. Given that:
1) He restated they would live by whatever is in the Shoreline Master Program.
2) That program's adoption would answer many of these other questions about setbacks and land
use.
3) They determined the best way to proceed is not to make promises now which could be
prohibitively expensive to implement later, but rather to simply agree to whatever policies the City
Council adopts as part of the Shoreline Master Program.
If this language is changed and he has to take it back to La Pianta for signatures, he could not commit
that it would be signed. He felt adding that additional language would complicate the issue, and the width
issue was already covered under the existing language.
Council President Hernandez offered the following summary of the project benefits:
They would add 2.5 miles of pedestrian and bike trails.
The City would receive a $500,000 developer contribution towards a pedestrian bridge across the
Green River.
They would get a 4.5 acre off channel fish habitat along the river.
The development includes 50 -60 acres in native growth on the hillside.
The development would provide both employment and housing opportunities and additional sources
of revenue for the City.
La Pianta would donate land at no cost to upgrade Southcenter Parkway, as well as land for a new
fire station, without vesting.
The agreement features certain financial guarantees to limit the City's risk.
The agreement features many checks and balances to safeguard all parties.
Tukwila City Council Special Meeting Minutes
June 8, 2009 Page 3 of 5
*ROLL CALL VOTE:
DUFFIE YES
LINDER YES
HERNANDEZ YES
ROBERTSON YES
GRIFFIN YES
HOUGARDY YES
QUINN YES
MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2233.
Mayor Haggerton thanked the staff, the City Council, and the negotiating team for their hard work over the
last five years in bringing this project together.
b. An ordinance of the City Council of the City of Tukwila, Washington, adopting the Tukwila
South Master Plan.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING BY REFERENCE THE TUKWILA SOUTH MASTER PLAN; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed ordinance by title only.
MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2234.
c. 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;
adopting the Tukwila South Design Manual.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO REFLECT THE
ADDITION OF A NEW "TUKWILA SOUTH OVERLAY" DISTRICT; ADOPTING THE TUKWILA
SOUTH DESIGN MANUAL; REPEALING ORDINANCE NO. 1758 §1 (PART); PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
MOVED BY DUFFIE, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE READ BY
TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed ordinance by title only.
MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2235.
d. An ordinance amending Tukwila Municipal Code Chapter 17.16 relating to detailed procedures
for binding site improvement plans.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING ORDINANCE NO. 1833, AS CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 17.16, RELATING TO PROCEDURES FOR BINDING SITE IMPROVEMENT
PLANS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
MOVED BY HERNANDEZ, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed ordinance by title only.
Tukwila City Council Special Meeting Minutes
June 8, 2009 Page 4 of 5
MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2236.
e. 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.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
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; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
MOVED BY HERNANDEZ, SECONDED BY GRIFFIN THAT THE PROPOSED ORDINANCE BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed ordinance by title only.
MOVED BY QUINN, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2237.
f. An ordinance designating the Tukwila South Project area a Sensitive Area Master Plan Overlay
district.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DESIGNATING THE TUKWILA SOUTH PROJECT AREA AS A SENSITIVE AREA MASTER
PLAN OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
MOVED BY HOUGARDY, SECONDED BY GRIFFIN THAT THE PROPOSED ORDINANCE BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed ordinance by title only.
MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2238.
g. 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.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
VACATING PORTIONS OF THE EXISTING FRAGER ROAD RIGHT -OF -WAY FROM
APPROXIMATELY EXISTING CITY LIMITS, AS OF THE DATE OF ORDINANCE ADOPTION,
TO SOUTH 200TH STREET, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
MOVED BY LINDER, SECONDED BY GRIFFIN THAT THE PROPOSED ORDINANCE BE READ BY
TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed ordinance by title only.
MOVED BY LINDER, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2239.
Tukwila City Council Special Meeting Minutes
June 8, 2009 Page 5 of 5
h. 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.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
VACATING PORTIONS OF THE EXISTING SOUTHCENTER PARKWAY RIGHT -OF -WAY
FROM APPROXIMATELY SOUTH 180TH STREET TO EXISTING CITY LIMITS, AS OF THE
DATE OF ORDINANCE ADOPTION, FOR THE TUKWILA SOUTH PROJECT; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed ordinance by title only.
MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2240.
i. A resolution declaring the real property located at Frager Road and South 200 Street to be
surplus; and authorizing its exchange.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DECLARING THE REAL PROPERTY LOCATED AT FRAGER ROAD AND SOUTH 200TH
STREET TO BE SURPLUS; AND AUTHORIZING ITS EXCHANGE.
MOVED BY HOUGARDY, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Christy O'Flaherty, City Clerk, read the proposed resolution by title only.
MOVED BY HOUGARDY, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE
ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1682.
ADJOURNMENT
9:34 p.m. MOVED BY DUFFIE, SECONDED BY GRIFFIN THAT THE TUKWILA CITY COUNCIL
SPECIAL MEETING BE ADJOURNED. MOTION CARRIED 7 -0.
9 411 ,r 4j'
Haggerton
Minutes prepared-1 y Lady of Letters, Inb
Reviewed by Christy O'Flaherty, City Clerk
APPROVED BY THE CITY COUNCIL: 7/6/2009