HomeMy WebLinkAbout2009-06-08 Committee of the Whole MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE
Council President Hernandez called the meeting to order at 7:05 p.m.
Members of Girl Scout Troop 704, Mikayla Heckt, Keir Hubbard, and Jessica Weaver led the audience in
the Pledge of Allegiance.
CITY OFFICIALS
Jim Haggerton, Mayor; 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; Don Tomaso, Fire Marshal; Bruce Linton, Police Commander; 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.
CITIZEN COMMENTS
Tukwila City Council
City Hall Council Chambers
MINUTES
Committee of the Whole
June 8, 2009 7:00 P.M.
Doctor Karm Virk, Southcenter Chiropractic, indicated he has had a business in Tukwila for 11 years. He
recently experienced a break -in and burglary that amounted to approximately $40,000 $50,000 in losses.
He also has concern about the records of his patients and the possible loss of confidentiality due to the
criminal act. He conveyed dissatisfaction with the Tukwila Police Department and felt they have been
non responsive. He conveyed he was told they would not be able to pursue action on this crime for 1.5
years, even though he has provided leads and information he thinks could be helpful to the case. He
relayed that he has had more positive experiences with the Renton Police Department. He would like the
Council to look into this matter.
Mayor Haggerton relayed that on June 5, 2009, he spent time side -by -side with call receivers and
dispatchers at Valley Communications Center (ValleyCom). As he observed the emergency calls coming
into the facility, he was told by those at ValleyCom that Tukwila has one of the best response times. The
issue above seems to be an exception, and the Police Department will look into this situation.
PUBLIC HEARINGS
a. The 2010 -2015 Transportation Improvement Program (TIP).
7:12 p.m Council President Hernandez opened the public hearing.
Jim Morrow, Public Works Director, explained that each year the City is required to submit a list of
transportation projects for the next 6 -year period to the State of Washington. The TIP is primarily a
financial planning document for projects that are competing for grants. The City is not obligated to build
these particular projects or to invest dollars, as this is a list of those projects that may be eligible for grant
funding.
Council President Hernandez called for public comments.
No public comments were received.
7:14 p.m. Council President Hernandez closed the public hearing.
Tukwila City Council Committee of the Whole Minutes
June 8, 2009 Page 2 of 7
b. An ordinance of the City Council of the City of Tukwila, Washington annexing approximately
259 acres of real property known as the "Tukwila South Project property."
7:14 p.m Council President Hernandez opened the public hearing.
Lisa Verner, Project Manager, provided an overview of the proposal to annex approximately 259 acres via
the direct petition method. La Pianta owns almost 99% of that proposed annexation area. This action is
part of the Tukwila South project. Such annexations are exempt from SEPA (State Environmental Policy
Act). The initial proposal was submitted in November 2004 and came before the Council in January
2005. At that time, the Council voted to accept the request for annexation and authorized circulation of a
petition for the annexation. The La Pianta representatives are prepared to sign the 60% petition upon
approval of the Tukwila South Development Agreement. The Development Agreement can be adopted
this evening at the upcoming Special Meeting. Ms. Verner requested the Council continue this public
hearing to June 15, 2009, in order to allow time to receive the signed petition for annexation. One letter,
regarding impacts of the annexation to King County Fire District #24, has been received and has been
distributed to the Council.
Council President Hernandez called for public comments.
Mark Conforti, Attorney for King County Fire District #24, provided an overview of the potential impacts of
the annexation to Fire District #24.
1. The annexation parcel accounts for almost 75% of all lands within the Fire District. If that is annexed
away, that would reduce the Fire District's revenues by that same percentage. That revenue
reduction threatens the very existence of Fire District #24 because they could no longer afford to
operate.
2. The loss of Fire District #24 would result in a residential area not covered by either SeaTac or
Tukwila, which does not have the revenue base to obtain the appropriate fire and EMS currently
offered through Fire District #24.
3. It could also result in the transfer of Fire District #24's reserves to the City of Tukwila. District
members who are not in the annexation area would not receive any benefit for the tax money they
have already paid, such as new fire hydrants or new satellite fire stations.
The Fire District submitted a list of 11 other impacts, which are outlined in the letter that was distributed
this evening. District members hope the Council will consider these impacts as they evaluate the
annexation. Some of the issues are:
Whether the City would install fire hydrants on the west side of Orillia Road to comply with standard
maximum distances between residential area fire hydrants. If those are not put in, any fire in that
area would require closure of Orillia Road, so those hydrants could be used.
Whether Tukwila is prepared to offer Class Three Fire and EMS (Emergency Medical Services) for
the annexed area.
Who would fund the district's contractual obligations to SeaTac. Fire District #24 currently provides
that service, but will not be able to continue that service without sufficient revenue.
Has Tukwila considered the new FEMA (Federal Emergency Management Administration) floodplain
maps, and how a flood would impact Tukwila's ability to provide fire and EMS to that area.
Whether Tukwila and SeaTac have any agreement about how to provide fire and EMS for both the
proposed annexation area, as well as the remainder of the current Fire District #24.
Whether Tukwila has given any consideration to how Fire District #24 would receive and distribute
timely fire and EMS dispatch services, if SeaTac goes ahead with plans to relocate their
headquarters.
Has Tukwila considered various benefits the remaining residents of Fire District #24 would receive for
the tax dollars they have already paid, versus the residents that would be part of the annexed area.
The Fire District officials believe the law intends for the annexing municipality to consider the impact
of any annexation and the remaining non annexed population.
In summary, Fire District #24 would like Tukwila to consider the impacts of this annexation not only on
those residential areas to be annexed, but also on those residents who would be left behind, and to
address these issues as part of that consideration.
Tukwila City Council Committee of the Whole Minutes
June 8, 2009 Page 3 of 7
Jim Adsley, 3280 Saratoga Road, Langley, provided historical background to put these issues in context.
As far back as 1988, SeaTac residents were frustrated with crime and pursued incorporation. Some
actions that SeaTac took during that period created additional problems. SeaTac's plan to take over fire
services rather than annex into the Fire District would have required SeaTac to provide services to the
residual area. Most of the area considered under the current annexation will remain undeveloped while
most of the residential area will remain on the west side of Orillia Road. From an emergency services
perspective, response time into that area is a problem for the following reasons:
It is a peripheral area given the current locations of SeaTac and Tukwila fire stations.
Existing residential neighborhoods feature extremely steep grades that make emergency service
challenging, if not impossible.
The revenue would go down by almost 75 which would reduce the District's operational budget to
$11,000 $15,000 a year.
The residual which has been collected was intended to be applied toward a satellite station or more
hydrants. If that residual does not go toward that area, then either fire services will suffer for that
neighborhood or traffic on Orillia Road will be heavily impacted during each fire event.
Councilmember Hougardy inquired as to the boundaries for Fire District #24. Mr. Adsley replied that
SeaTac incorporated the area west of Orillia Road, and south of 204 Street. From 204 Street, which is
Tukwila's south boundary, everything on the west side between there and the freeway up the hill is in
Fire District #24. He estimates there are about a dozen homes and another five homes in the valley
annexation area.
Richard Buck, 19617 Orillia Road South, has 650' of frontage along that road. His property is the
northern -most west portion of the area mentioned by Mr. Adsley. Mr. Buck stated there are only 3 or 4
homes on that hillside and only 2 driveways. He is 100% in favor of the annexation. They have owned
that property since 1988. He acknowledged that services in that area are challenging. He indicated that
up until King County widened that road, no one had ever spent any money on it by way of a study or any
type of improvements. There are no streetlights. There is a sidewalk on the west side, apparently for
bicyclists. He would like to see Tukwila go ahead with this project. The City of SeaTac has told him they
do not want that area. The City of Kent cannot annex it. King County is hesitant to invest anything in that
area because they want one of the nearby cities to annex it. He would like to see the Tukwila South
project move forward.
Jack McCullough, Attorney representing La Pianta, spoke in favor of the annexation. Mr. McCullough
understands that Fire District #24 has issues with this annexation. Those concerns date back 20 years.
Those issues are not specifically related to this particular annexation, but rather reflect larger issues
which need to be resolved regardless of what happens with the annexation. Those issues would still exist
regardless of how the vote turns out, for or against the annexation. He conveyed that those matters can
be resolved after the annexation moves forward. The annexation is consistent with all the most current
growth management policies in place, and he encouraged the Council to vote in favor of the annexation.
Allan Ekberg, 4920 S. 161 Street, spoke in favor of the Development Agreement. Tukwila residents will
benefit from this annexation because the Tukwila South project is anticipated to provide local jobs for
area citizens. It will also provide some of the GMA (Growth Management Act) requirements for housing in
Tukwila, so that infill is not required in residential neighborhoods.
Anna Bernhard, 14241 59 Avenue South, expressed confidence that any problems associated with the
annexation can be worked out and conveyed the Council can be proud of their work toward this project.
7:41 p.m. Council President Hernandez announced this public hearing is being continued
to the June 15, 2009 Regular City Council Meeting.
Tukwila City Council Committee of the Whole Minutes
June 8, 2009 Page 4 of 7
SPECIAL ISSUES
a. A resolution adopting the 2010 -2015 Transportation Improvement Program (TIP).
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 Transportation Improvement Program is required by RCW to be updated annually. The TIP is
primarily a financial planning document for projects competing for grants. The Walk and Roll Plan has
been added and Tukwila International Boulevard Phases 2 and 3 have been deleted.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
b. Fireworks permit for annual display at the Family 4 at the Fort celebration.
Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting
on June 2, 2009. The committee members were unanimous in recommending approval.
This is the public display permit for the City- sponsored fireworks show at the Starfire Sports complex for
July 4, 2009. This is the same pyro- technician who has done the show since the City took sponsorship of
this event.
Don Tomaso, Fire Marshal, explained there is new sports turf at the facility, and they are taking extra
precautions to ensure no hot debris lands in an area that could cause melting. They will wet the material
ahead of time, and there will be two additional firefighters on duty for this event.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
c. Construction contract change orders 2 and 3 for the Interurban Avenue South Waterline
project.
Councilmember Hougardy indicated this item was discussed at the Utilities Committee meeting on
May 27, 2009. The committee members were unanimous in recommending approval.
This project replaced the waterline in Interurban Avenue South. During construction, an unforeseen 8-
inch waterline connection near Gateway Drive was discovered, and an existing water main that was
thought to be 8 inches was actually 12 inches. Both of these circumstances required substantially more
effort and materials to complete the connections to the new water main. The repairs require Council
approval of $30,714.00.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
d. Construction management contract supplement for the Interurban Avenue South Waterline
project.
Councilmember Hougardy indicated this item was discussed at the Utilities Committee meeting on
May 27, 2009. The committee members were unanimous in recommending approval.
Construction management services are required for the project outlined above in Item 4c. Council
approval is requested for Anchor QEA's Supplement #7 in the amount of $21,206.00.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
e. Contract change order for Standby Power upgrades.
Councilmember Hougardy indicated this item was discussed at the Utilities Committee meeting on
May 27, 2009. The committee members were unanimous in recommending approval.
Tukwila City Council Committee of the Whole Minutes
June 8, 2009 Page 5 of 7
This project is for the installation of standby generators at City Hall and Fire Stations 52, 53, and 54. The
3 fire station generators have been successfully installed and tested. The City Hall location was found to
be located in a stream buffer and needed to be relocated into the Police parking lot. The new site costs,
with minor change orders, require Council approval in the amount of $50,565.03.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
f. Bid award for 2009 Small Drainage Program.
Councilmember Hougardy indicated this item was discussed at the Utilities Committee meeting on
May 27, 2009. The committee members were unanimous in recommending approval.
The Small Drainage Program is done annually and the low bidder was Green River Construction, a
company that has successfully worked for the City in the past. The Council is being asked to award the
bid in the amount of $571,186.50.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
g. Bid award for repair of fire truck.
Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting
on June 2, 2009. The committee members were unanimous in recommending approval.
During an emergency response on 1 -5, a drunk driver failed to heed warnings and collided with fire truck
#1355. Council is being asked to award a bid to Heiser Body Company, Inc. for the repair of fire truck
#1355 in the amount of $31,922.75.
It is the intent of the Committee to forward this item to the Special Meeting this evening after the
Committee of the Whole. This will allow needed repairs to begin as soon as possible.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO TONIGHT'S SPECIAL MEETING.
h. Turnover of infrastructure and dedication of right -of -way for Westfield Southcenter Mall.
Councilmember Quinn indicated this item was discussed at the Transportation Committee meeting on
June 1, 2009. The committee members were unanimous in recommending approval.
Council is being asked to accept turnover of the Westfield Mall's traffic signal and street improvements,
water main, water meters, sanitary sewer, and dedication of right -of -way from WEA Southcenter. The
infrastructure is valued at $365,039.98. The dedication of right -of -way is pursuant to the development
agreement and Westfield has received a credit in the amount of $846,240.00 against the traffic impact
fees for the Tukwila Urban Center (Klickitat) project. Council is being asked to accept turnover of the
infrastructure and right -of -way.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
i. An ordinance amending Ordinance #2111, as codified at TMC 9.48.140, regarding criteria for
vesting to previous traffic impact fees.
Lisa Verner, Project Manager, explained that during the Tukwila South discussions, Council conveyed
interest in having Ordinance #2111 amended as part of the Tukwila South actions. Adopted in December
2005, the ordinance amended Tukwila Municipal Code section 9.48, to put in place the current traffic
impact fee calculations. Section 9.48.140 lists three criteria by which an applicant can be vested to the
old traffic impact fee calculations. The new ordinance will remove the second of those three criteria,
namely being entered into formal negotiations with the City on a project or development agreement. The
proposed ordinance will delete that section, as it is no longer necessary. The applicant to whom the
criteria applies has agreed to follow current traffic impact fees rather than the old fee structure. There are
no other applicants to which this section would apply.
Tukwila City Council Committee of the Whole Minutes
June 8, 2009 Page 6 of 7
Councilmember Robertson referenced the "Whereas" phrases in the ordinance. The third statement
seems sufficient, and the first two do not add anything to the meaning or purpose of the language. Ms.
Verner indicated she would work with the City Attorney regarding this issue.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
REPORTS
a. Mayor
Mayor Haggerton reported that on June 5, 2009, he spent time side -by -side with call receivers and
dispatchers at Valley Communications Center (ValleyCom). He was given an opportunity to observe the
emergency calls coming into the facility, and it was extremely educational. He also attended a meeting at
the City of SeaTac that involved presentations from King County Animal Control. The Mayor also
participated as a judge in the Tukwila Elementary School 5th grade essay contest regarding recycling.
On June 8, 2008, Mayor Haggerton and the Mayors from Renton, Kent and Auburn, and the King County
Executive, Kurt Triplett, were given a briefing by Jim Morrow, Public Works Director, regarding the
Howard Hanson Dam.
b. City Council
Councilmember Duffie reported that after 22 years of service at Tukwila Elementary School, he will be
retiring effective August 28, 2009.
Councilmember Linder reported the Plein Air Paint -Out event will be June 13 through June 18, 2009.
Artists are invited to choose a place within Tukwila to paint. There is a $1,000 First Prize; $500 Second
Prize, and a $300 Third Prize.
Councilmember Griffin offered a reminder that the Foster High School graduation ceremony is June 12,
2009.
Councilmember Hougardy recently attended the Tukwila Government Affairs Committee meeting where a
presentation on the status of light rail was provided. It will be opening the weekend of July 18, 2009, with
various celebratory activities.
Council President Hernandez distributed information about the Treasures of Tukwila Award, which has
been ongoing for the past 8 years. Nominations will be accepted through June 30, 2009. Ms. Hernandez
recently attended the Highline Forum, as well as the Affordable Housing Advisory Board meeting and
Tukwila Governmental Affairs Committee meeting. Ms. Hernandez also participated as a judge in the
Tukwila Elementary School 5th grade essay contest regarding recycling.
c. Staff
Rhonda Berry, City Administrator, indicated there will be a hands -on rain garden design and construction
class on July 9, 2009 from 6:30 to 9:00 p.m. in the Tukwila City Hall Council Chambers. The class is free
and registration is required. Ms. Berry reported that the Parks and Recreation Director, Bruce Fletcher,
has been recognized by his alma mater. Staff from Central Washington University honored Mr. Fletcher
with a legacy award that included a graduation address to the Department of Recreation and Tourism
students.
d. City Attorney
Shelley Kerslake, City Attorney, expressed appreciation for the patience of the Mayor and Council during
her recent absence due to a lengthy trial.
e. Intergovernmental
Kimberly Matej, Council Analyst, indicated the Council Coffee Chat will be this Saturday, June 13, 2009 at
the Starbucks on Interurban Avenue South. It will be hosted by Councilmember Robertson.
Tukwila City Council Committee of the Whole Minutes
June 8, 2009 Page 7 of 7
MISCELLANEOUS
Council President Hernandez reported that a draft schedule for work sessions to discuss the Shoreline
Master Plan (SMP) has been distributed to the Council for review and consideration. She is requesting
input from the Council as to their preferences regarding the work sessions.
Nora Gierloff, Community Development Deputy Director, indicated the deadline for adoption of the SMP is
December 1, 2009. A public hearing was conducted on April 20, 2009, and it has been continued to July
13, 2009. Additional work sessions are needed to provide the Council essential information.
The Councilmembers discussed this issue and exchanged comments as follows: the need to assure that
an attorney is present at the sessions; the necessity of offering citizens the opportunity to provide public
comments; concern that a system be in place to limit citizen comments to "new" information to assure the
deadline can be accomplished; a desire to have public hearings at Monday night Council meetings-
preferably Regular Meetings; and the importance of having a matrix that delineates the concerns and
issues.
Council President Hernandez summarized the discussion and indicated the work session dates are
July 7, 14, 28 and August 11 and 25. They will be held from 6:00 -8:00 p.m. (in the Council Chambers),
and it is necessary that an attorney be present. A matrix of issues and concerns should be provided, and
public hearings should be conducted at Regular Meetings, when possible. Staff has volunteered to
facilitate the work sessions, and additional dates can be scheduled if it becomes necessary.
Shelley Kerslake, City Attorney, indicated that Bob Sterbank from the City Attorney's Office will be
working with the Council during these meetings. If he is unavailable, another attorney will be present.
ADJOURN TO SPECIAL MEETING
8:46 p.m. COUNCIL PRESIDENT HERNANDEZ DECLARED THE COMMITTEE OF THE WHOLE
MEETING ADJOURNED AND A BRIEF RECESS PRIOR TO THE SPECIAL MEETING.
y�— YJYi?c y1 —aJ
Jean Hernandez, Council President
it.-.44/
Minutes prepared4'y Lady of Letters, Inca/
Reviewed by Christy O'Flaherty, City Clerk