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Home My WebLink About2009-10-19 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE /ROLL CALL Regular Meeting October 19, 2009 7:00 P.M. Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:07 p.m. and led the audience in the Pledge of Allegiance. 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. CITY OFFICIALS Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Sara Springer, Assistant City Attorney; Shawn Hunstock, Finance Director; Frank Iriarte, Public Works Deputy Director; Hillman Mitchell, Emergency Management Coordinator; Jack Pace, Community Development Director; Rebecca Fox, Senior Planner; Brandon Miles, Senior Planner; Don Lincoln, Assistant Police Chief; Derek Speck, Economic Development Administrator; Lisa Verner, Project Manager; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. CITIZEN COMMENTS There were no citizen comments. CONSENT AGENDA a. Approval of Minutes: 10/05/09 (Regular) b. Approval of Vouchers #349430 349709 and #200910191 200910192 in the amount of $2,856,517.33 MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. UNFINISHED BUSINESS a. An ordinance amending TMC Section 11.08 relating to permit requirements for on -site development on private property and permit fees and charges for performing work in a public right -of -way and for Public Works projects. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1995 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SUBSECTIONS 11.08.020(C) AND 11.08.060(D), RELATING TO PERMIT REQUIREMENTS FOR ON -SITE DEVELOPMENT ON PRIVATE PROPERTY AND PERMIT FEES AND CHARGES FOR PERFORMING WORK IN A PUBLIC RIGHT -OF -WAY AND FOR PUBLIC WORKS PROJECTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY LINDER, 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 2253. Tukwila City Council Regular Meeting Minutes October 19, 2009 Page 2 of 7 b. Authorize the Mayor to sign an agreement with Perteet Engineering, Inc. for GIS Inventory Area 6, in the amount of $150,000.00. MOVED BY HOUGARDY, SECONDED BY GRIFFIN TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH PERTEET ENGINEERING, INC. FOR GIS INVENTORY AREA 6, IN THE AMOUNT OF $150,000.00. MOTION CARRIED 7 -0. c. Authorize the Mayor to sign a grant agreement with the Washington State Department of Ecology for the National Pollutant Discharge Elimination System (NPDES) program, in the amount of $50,000.00. (A City match is not required.) MOVED BY HOUGARDY, SECONDED BY GRIFFIN TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM, IN THE AMOUNT OF $50,000.00. (A City match is not required.) MOTION CARRIED 7 -0. d. Authorize the purchase of six Intelligent Transportation System (ITS) traffic control cabinets from Western Systems of Everett for Tukwila International Boulevard Phases I1 and III, in the total amount of $120,947.13. MOVED BY QUINN, SECONDED BY HOUGARDY TO AUTHORIZE THE PURCHASE OF SIX INTELLIGENT TRANSPORTATION SYSTEM (ITS) TRAFFIC CONTROL CABINETS FROM WESTERN SYSTEMS OF EVERETT FOR TUKWILA INTERNATIONAL BOULEVARD PHASES II AND III, IN THE TOTAL AMOUNT OF $120,947.13. MOTION CARRIED 7 -0. e. A resolution commencing negotiations for an Interlocal Agreement with King County for the annexation of the Orillia area to the City of Tukwila. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, COMMENCING NEGOTIATIONS FOR AN INTERLOCAL AGREEMENT WITH KING COUNTY FOR ANNEXATION OF THE ORILLIA AREA TO THE CITY OF TUKWILA. 7:13 p.m. Councilmember Quinn recused himself from discussion on this item and left the Council Chambers. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. (QUINN RECUSED) Christy O'Flaherty, City Clerk, read the proposed resolution by title only. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Councilmember Robertson pointed out that the third WHEREAS clause references "La Pianta" property, and it should be "Tukwila South" property. It was agreed that the final version of the resolution would be corrected. *MOTION CARRIED 6 -0 (QUINN RECUSED) TO ADOPT RESOLUTION NUMBER 1694. 7:15 p.m. Councilmember Quinn returned to the Council Chambers. f. Authorize the Mayor to sign a contract amendment for Commercial Development Solutions for services associated with the Tukwila South project, in the amount of $22,000.00, for a period ending 12/31/2009. MOVED BY LINDER, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT AMENDMENT FOR COMMERCIAL DEVELOPMENT SOLUTIONS FOR SERVICES ASSOCIATED WITH THE TUKWILA SOUTH PROJECT, IN THE AMOUNT OF $22,000.00, FOR A PERIOD ENDING 12/31/2009. MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes October 19, 2009 Page 3 of 7 g. A resolution supporting the City of Seattle's proposal to host the 2018 or 2022 Federation Internationale de Football (aka Soccer) Association (FIFA) World Cup. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SUPPORTING THE CITY OF SEATTLE'S PROPOSAL TO HOST THE 2018 OR 2022 FEDERATION INTERNATIONALE DE FOOTBALL ASSOCIATION (FIFA) WORLD CUP MOVED BY GRIFFIN, SECONDED BY ROBERTSON 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 GRIFFIN, SECONDED BY ROBERTSON THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1695. h. 2009 Comprehensive Plan Amendments: 1. An ordinance amending the Comprehensive Land Use Map for certain real property located at 3421 South 144 Street, Tukwila, from Medium Density Residential (MDR) to High Density Residential (HDR). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 3421 SOUTH 144 STREET, TUKWILA, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY LINDER, 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 LINDER, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2254. 2. An ordinance rezoning certain real property located at 3421 South 144 Street, Tukwila, from Medium Density Residential (MDR) to High Density Residential (HDR). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 3421 SOUTH 144 STREET, TUKWILA, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, 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 DUFFIE, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2255. 3. An ordinance amending the Comprehensive Land Use Plan Transportation Corridors Element. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE PLAN TRANSPORTATION CORRIDORS ELEMENT; 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. Tukwila City Council Regular Meeting Minutes October 19, 2009 Page 4 of 7 Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. MOVED BY DUFFIE, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilmember Robertson indicated he would like discussion and consideration of an amendment to the Zoning Code ordinance that follows this ordinance on the agenda. Since these 2 ordinances are inter- related, he would like to discuss the amendment at this time. Mr. Robertson referenced page 58 of the agenda packet that outlined the Urban Renewal Overlay basic development standards. The height maximum of 65 feet involves property that is adjacent to single family homes. This provides less protection than what currently exists in the Neighborhood Commercial Center (NCC) District. The proposed Zoning Code change for the Urban Renewal Overlay District provides for a 10 -foot shorter setback. Historically, the Council has made it a priority to protect single family homes. The Councilmembers discussed this issue and exchanged comments, to include: respect for the deliberations and recommendations of the Planning Commission; there have been no objections made to the Council from nearby residents regarding the proposed setback; the need to move forward and make progress toward the Tukwila Village project; there are very few residential homes in this area, making the impact minimal; and recognition that the vision for Tukwila Village has been supported by the community. *MOTION CARRIED 6 -1, WITH ROBERTSON VOTING NO, TO ADOPT ORDINANCE NUMBER 2256. 4. An ordinance amending various chapters of Tukwila Municipal Code Title 18, "Zoning Code," related to the new Urban Renewal Overlay District; adopting a new section and Figure 18 -15, as codified at Tukwila Municipal Code Chapter 18.43, "Urban Renewal Overlay District," and amending the Official Zoning Map to add the "Urban Renewal Overlay District." AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES, AS CODIFIED AT VARIOUS CHAPTERS OF TUKWILA MUNICIPAL CODE TITLE 18 "ZONING CODE," RELATED TO THE NEW URBAN RENEWAL OVERLAY DISTRICT; ADOPTING A NEW SECTION AND FIGURE 18 -15, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 18.43, "URBAN RENEWAL OVERLAY DISTRICT AMENDING THE OFFICIAL ZONING MAP TO ADD THE "URBAN RENEWAL OVERLAY DISTRICT 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 DUFFIE, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Council President Hernandez inquired as to whether a market analysis has been done regarding the demand for studio apartments in this area of the City. Derek Speck, Economic Development Administrator, said it is expected that the developer will hire a consultant to perform a detailed analysis of the need for housing types and amenities in the area. Ms. Hernandez asked if the City could require on -site management. Jack Pace, Community Development Director, explained that operational issues do not fall within the control of the Zoning Code. Ms. Hernandez also asked if construction in this area would have to comply with the current multi family design standards. Mr. Pace answered in the affirmative. Tukwila City Council Regular Meeting Minutes October 19, 2009 Page 5 of 7 Sharon Mann, 4452 South 160 Street, provided information and photos that, in her view, showed little or no possibility of single family homes being up against a 60 -foot building. *MOTION CARRIED 6 -1, WITH ROBERTSON VOTING NO, TO ADOPT ORDINANCE NUMBER 2257. i. A resolution ordering the cancellation of past -due accounts receivable and returned check write -offs. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE CANCELLATION OF PAST -DUE ACCOUNTS RECEIVABLE AND RETURNED CHECK WRITE -OFFS. MOVED BY LINDER, 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 DUFFIE, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1696. j. An ordinance establishing new regulations regarding water, sewer and surface water utility taxes. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 3.54, REGARDING WATER, SEWER AND SURFACE WATER UTILITY TAXES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY LINDER, SECONDED BY QUINN 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 DUFFIE, SECONDED BY GRIFFIN THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Shawn Hunstock, Finance Director, indicated changes to the ordinance include a start date of December 31, 2008 for the utility tax to begin. Additionally, the tax will be equal to 15% of the total gross revenue from December 31, 2008 through April 30, 2010 and 10% of the gross revenue from May 1, 2010 through December 31, 2012. Councilmember Linder referenced page 94 of the agenda packet, indicating "A utility tax on the water, sewer, and surface water funds is considered appropriate to preserve, protect and, if necessary, repair such utility infrastructure throughout the City." Regardless of whether there is a flood event, this is a necessity for the City. Councilmenber Hernandez asked if this tax is being passed on to the customers, and Mr. Hunstock responded in the negative. *MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2258. NEW BUSINESS A resolution finding the existence of an emergency requiring Public Works, without bid, to address a hazard resulting from diminished capacity at the Howard Hanson Dam, necessitating levee work to be completed by November 7, 2009. Tukwila City Council Regular Meeting Minutes October 19, 2009 Page 6 of 7 MOVED BY HERNANDEZ, 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 HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* This resolution affirms a finding of the existence of an emergency related to conditions at the Howard Hanson Dam. It also authorizes the execution of emergency Public Works contracts pursuant to RCW 39.04.280. *MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1697. REPORTS a. Mayor Mayor Haggerton attended the Southwest King County Chamber of Commerce legislative reception held at the Doubletree Suites in Tukwila on October 14, 2009. He also participated in the press conference in Kent on October 15, 2009, where the valley cities signed a contract with the King County Flood Control Zone District. The District is providing $1.285 million in funding toward flood control efforts. On October 16, 2009, the City signed a $2.1 million contract with Goodfellow Construction to begin work on levee enhancements due to issues involving the Howard Hanson Dam. Additionally, on October 16, 2009, the South Correctional Entity (SCORE) Administrative Board evaluated bids for the new jail facility, and a contractor selection is forthcoming. It was decided by the Board that the jail facility would have 822 beds, and the bonding will occur this week. b. City Council A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FINDING THE EXISTENCE OF AN EMERGENCY REQUIRING PUBLIC WORKS, WITHOUT BID, TO ADDRESS A HAZARD RESULTING FROM DIMINISHED CAPACITY AT THE HOWARD HANSON DAM, NECESSITATING LEVEE WORK TO BE COMPLETED BY NOVEMBER 7, 2009. Councilmember Linder is part of the site selection committee for the new fire station to be located in the Tukwila South development. They hope to have this completed by the end of 2009. Ms. Linder indicated she is getting questions from citizens about acquiring sand bagging materials. Hillman Mitchell, Emergency Management Coordinator, explained the City is not providing sandbags to residents. There is a possibility that King County may provide sandbags to residents of King County. Mr. Mitchell indicated they have been in touch with residents in the Foster Point and Duwamish neighborhoods, and community meetings for those areas are forthcoming. Ms. Linder would like an official response about sandbags to come from the City. Mr. Mitchell asked that those emails or questions be referred to his office for a response. Councilmember Hougardy expressed that she finds updates very helpful in keeping up with the changing information. Councilmember Quinn relayed it is important to consider environmental and legal issues with regard to sandbagging and other matters. He would like a refresher at some point regarding the City's liability on these types of issues. We need to offer solutions that provide the best overall benefit. It is important to have factual information. Mr. Mitchell relayed it is important the City be careful about recommending specific courses of action. For instance, dry flood proofing areas to keep all the water out is not always the best option. There are Tukwila City Council Regular Meeting Minutes October 19, 2009 Page 7 of 7 times it is best to let the water flow through, rather than build up around doorways, such that the pressure could cause a building to collapse. We are implementing protective measures for the City as a whole and do not prescribe what methods should occur for individual private properties. He indicated owners should contact licensed engineers to receive guidance. Council President Hernandez attended the Southwest King County Chamber of Commerce (SWKCC) legislative reception on October 14, 2009. She also attended the SWKCC anniversary dinner, where she accepted a Certificate of Appreciation for the City. Councilmember Griffin attended the summit entitled "Your City's Families" as part of the National League of Cities (NLC) Youth, Education and Families Committee. She is pleased with how well the City of Tukwila is networked with agencies that promote youth and families. Councilmember Hougardy attended the Southwest King County Chamber of Commerce legislative reception on October 14, 2009 and the SWKCC anniversary dinner on October 16, 2009. c. Staff Rhonda Berry, City Administrator, reported that the Building Official from Lewis County met with staff from the City to share information regarding their recovery event. City staff members are working on plans for continuing essential City operations in the event of an emergency event. d. City Attorney There was no report. e. Intergovernmental Kimberly Matej, Council Analyst, reminded the Councilmembers of the Association of Washington Cities (AWC) regional meeting to be held on October 21, 2009. Additionally, the Joint City Council /Tukwila School Board meeting will be conducted on October 22, 2009 from 6:00 -8:00 p.m. at the Tukwila Community Center Social Hall. MISCELLANEOUS Councilmember Robertson referenced a memorandum from the Department of Community Development regarding Sound Transit noise mitigation and inquired if this would be coming to the Council for a decision. Jack Pace, Community Development Director, responded in the affirmative, and the issue will be forthcoming to the Council in early 2010. He also indicated that Sound Transit has requested a noise variance to use a grinding machine to clean the rails to help reduce squeaking. ADJOURNMENT 8:32 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. 114.—a Ji ggerton, May Christy O'Flaherty, City Clerk APPROVED BY THE CITY COUNCIL: 11/2/2009