Loading...
HomeMy WebLinkAbout2013-09-03 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES Regular Meeting September 3, 2013— 7:00 P.M. REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE /ROLL CALL Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:03 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Melissa Hart, Deputy City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Dennis Robertson, Kathy Hougardy, Allan Ekberg, De'Sean Quinn, and Kate Kruller. MOVED BY QUINN, SECONDED BY DUFFIE TO EXCUSE COUNCILMEMBER SEAL FROM THE COUNCIL MEETING. MOTION CARRIED 6 -0. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Shelley Kerslake, City Attorney; Rachel Turpin, Assistant City Attorney; Bob Giberson, Public Works Director; Gail Labanara, Public Works Analyst; Mike Villa, Police Chief; Mike Murphy, Police Accreditation Officer; Chris Flores, Acting Fire Chief; Marty Grisham, Emergency Manager; Jack Pace, Community Development Director; Peggy McCarthy, Finance Director; Vicky Carlsen, Deputy Finance Director; Kimberly Matej, Government Relations Manager; Joyce Trantina, Project Analyst; Mary Miotke, Information Technology Director; Laurel Humphrey, Council Analyst; Melissa Hart, Deputy City Clerk. AMEND AGENDA MOVED BY. HOUGARDY, SECONDED BY DUFFIE TO AMEND THIS EVENING'S AGENDA TO ADD A PRESENTATION AS AGENDA ITEM 2A REGARDING A BRIEFING ON THE POLICE ACTIVITY ALONG TUKWILA INTERNATIONAL BOULEVARD (TIB) ON AUGUST 27, 2013. MOTION CARRIED 6 -0. PROCLAMATIONS /APPOINTMENTS a. Briefing on the Police activity along TIB on August 27, 2013 — Per agenda amendment above. Kimberly Matej, Government Relations Manager, stated the Council was briefed on August 28, 2013 regarding the recent police activity along Tukwila International Boulevard, involving the seizure and boarding up of 3 motels by federal agents after a year -long investigation of criminal activity. At that briefing, the Council requested City Administration update the Tukwila community regarding the early morning events of August 27, 2013. She thanked Mary Miotke, Information Technology Director, and Mike Murphy, Police Accreditation Officer, for their quick work on creating a media presentation. A video was shown to the City Council and audience that provided a briefing relating to the Police activity along Tukwila International Boulevard on August 27, 2013. The briefing video will be available on Tukwila Cable Channel 21. b. Confirm the appointment of Christopher Lowrance to Position #4 on the Human Services Advisory Board, with a term expiring 4/30/2016. MOVED BY QUINN, SECONDED BY HOUGARDY TO CONFIRM THE APPOINTMENT OF CHRISTOPHER LOWRANCE TO POSITION #4 ON THE HUMAN SERVICES ADVISORY BOARD, WITH A TERM EXPIRING 4/30/2016.* Tukwila City Council Regular Meeting Minutes September 3, 2013 Page 2 of 11 Mayor Haggerton and City Councilmembers thanked Mr. Lowrance for his service. *MOTION CARRIED 6 -0. c. A proclamation for National Recovery Month. The proclamation will be presented to Barb Vannatter, Clinical Specialist and Co -Chair of Recovery Month for King County. Mayor Haggerton read a proclamation recognizing September as "National Recovery Month" in the City of Tukwila. Ms. Vannatter thanked the Mayor and City Council for acknowledging National Recovery Month and for their support of the many programs and service providers. CITIZEN COMMENTS There were no citizen comments. CONSENT AGENDA a. Approval of Minutes: 8/19/13 (Regular Mtg.) b. Approval of Vouchers: #130700, 130803- 130806, #364192- 364194, #3641 95 - 364281 in the amount of $879,499.35 c. Authorize the acceptance of two National Pollutant Discharge Elimination System (NPDES) grants. (No City matching funds required.) The 2013 State Legislature has provided funding through two separate appropriations as follows: (1) $50,000: $5.85 million for the 2013 -2015 Biennial Municipal Stormwater Capacity Grant Program of which NPDES Phase I and II communities will be awarded $50,000 for NPDES permit compliance activities. (2) $120,000: $15 million for project specific planning and design for retrofit/LID projects of which up to $120,000 is available for each of the NPDES Phase I and II communities. [Reviewed and forwarded to Consent by Utilities Committee on 8/19/13.] d. Award a bid to Henderson Partners, LLC for the 2013 Small Drainage Program in the amount of $339,049 and authorize the Mayor to sign the contract. [Reviewed and forwarded to Consent by Utilities Committee on 8/19/13.] e. Authorize the Mayor to sign the King County Master Interlocal Agreement with the Zone 3 partners for cooperative fire - related services. [Reviewed and forwarded to Consent by the Committee of the Whole on 8/26/13.] MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 6 -0. UNFINISHED BUSINESS a. An ordinance amending various ordinances related to land use and zoning as codified at Tukwila Municipal Code Section 18.40.020 and establishing a new Section 18.50.210; adopting zoning restrictions on the production, processing, and retailing of recreational marijuana uses; describing the land use impacts triggering such restrictions; identifying the permitted zone for recreational marijuana uses as the Tukwila Valley South and Heavy Industrial Zones; establishing separation and distance requirements within the permitted zones; establishing procedures for enforcement of violations including abatement of marijuana nuisances; repealing Ordinance No. 2405, which established the moratorium on recreational marijuana uses. MOVED BY HOUGARDY, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Melissa Hart, Deputy City Clerk, read the proposed ordinance by title only. Tukwila City Council Regular Meeting Minutes September 3, 2013 Page 3 of 11 AN ORDINANCE AMENDING VARIOUS ORDINANCES RELATED TO LAND USE AND ZONING AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 18.40.020 AND ESTABLISHING A NEW SECTION 18.50.210; ADOPTING ZONING RESTRICTIONS ON THE PRODUCTION, PROCESSING, AND RETAILING OF RECREATIONAL MARIJUANA USES; DESCRIBING THE LAND USE IMPACTS TRIGGERING SUCH RESTRICTIONS; IDENTIFYING THE PERMITTED ZONE FOR RECREATIONAL MARIJUANA USES AS THE TUKWILA VALLEY SOUTH AND HEAVY INDUSTRIAL ZONES; ESTABLISHING SEPARATION AND DISTANCE REQUIREMENTS WITHIN THE PERMITTED ZONES; ESTABLISHING PROCEDURES FOR ENFORCEMENT OF VIOLATIONS INCLUDING ABATEMENT OF MARIJUANA NUISANCES; REPEALING ORDINANCE NO. 2405, WHICH ESTABLISHED THE MORATORIUM ON RECREATIONAL MARIJUANA USES MOVED BY HOUGARDY, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. * Regis Costello, 14462 58th Avenue South, explained that he is following up on his testimony from the August 19th meeting. He said there are a number of residents on 58th Avenue concerned about activity where people are using residential zoned property for marijuana grow operations. He feels the City should create a policy on how to monitor and enforce issues associated with marijuana growing and processing within the residential community. Roger Goodman stated he is a Washington State Representative, and Chair of the Washington Public Safety Committee. For years as an attorney and legislator, he has worked to undercut the illicit marijuana trade by a strictly regulated model that the voters have approved. Over the past several months, he has worked closely with the Governor and Attorney General to bring a strictly regulated system that benefits the health and safety of all communities by keeping the substance away from children, reducing public disorder and providing safety for citizens. He explained he is speaking this evening not as a State Representative, but rather as an attorney. He has started representing the responsible and reputable entrepreneurs who are interested in opening marijuana retail stores. More information on this will be public tomorrow (September 4, 2013). This includes the number of retail outlets the Washington State Liquor Control Board has allocated state -wide, which is based on county population and estimation of demand. He said the State Liquor Control Board has allocated one marijuana retail outlet for Tukwila. In addition, the medical marijuana dispensaries are going to be closed, and they are not adequately regulated. Recently, the federal government has stated as long as the cannabis market is strictly regulated to reduce access by young people and reduce the leakage of the product across state lines, they will not intervene. Mr. Goodman stated a client of his, who is a reputable entrepreneur, is interested in a location within the City; however, the location is not within the proposed zones. One property owner controls 95% of the Tukwila Valley South zone, and it is unlikely they will allow this type of use. He asked the Council to delay consideration of the ordinance, due to the new information. Councilmember Robertson commented that while the State Liquor Control Board will allow one retail outlet in Tukwila, there are three activities associated with the issue: growing, processing and retail. He asked how growing and processing will be regulated. Mr. Goodman explained that economical growing of marijuana is not capable of being done indoors. Sun grown marijuana will likely take place in Eastern Washington. By licensing the reputable entrepreneurs under the new system, he feels indoor growing operations will not be competitive. Growing and processing would be appropriate for an industrial zone; consumers would not visit those types of establishments. Through his contacts, he understands there are two potential license applicants interested in growing operations within Tukwila. The State Liquor Control Board will need to consider the 1,000 foot buffer from parks and schools as it relates to those potential applications. Councilmember Robertson asked if the State Liquor Control Board will limit the number of growing and processing operations within the cities. Mr. Goodman stated the draft regulations relating to marijuana growing, processing and retailing will be issued on September 4, 2013, and there will be a 30 -day comment period on the proposed regulations. He explained information he has received indicates the State Liquor Control Board has established limits on the amount of marijuana each grower or processor is allowed, and he feels individuals interested in Tukwila City Council Regular Meeting Minutes September 3, 2013 Page 4 of 11 those activities will not be happy with the proposed product limits. The principal reason the State Liquor Control Board delayed the issuance of the proposed regulations was to estimate the size of the market and the size of the crop needed to satisfy the demand. Cities are not allowed to prohibit these activities; rather the City can establish specific zoning for the activities. From his standpoint, the regulations being proposed in Washington are very burdensome for entrepreneurs compared to the regulations being imposed in Colorado. Council President Hougardy asked if marijuana growing and processing activities will be allowed in all areas without zoning restrictions. Mr. Goodman said growing and processing would not be allowed in residential areas. The State Liquor Control Board will not issue a license for an establishment within a residential area. Growing, processing and retail of marijuana will be strictly regulated, and none of the activities will be allowed within residential zones. Councilmember Duffie asked if smoking of marijuana would be allowed in public places. Mr. Goodman stated public use of marijuana is still prohibited, and law enforcement agencies are authorized to issue citations to individuals using or displaying it in public. Councilmember Ekberg stated the City does not advocate for any marijuana growing, processing or retail operation within a residential area of the City. He inquired about the location of the proposed retail site. Mr. Goodman stated his client has looked at property located along Andover Park East, and they feel the site complies with the required 1,000 foot buffer from sensitive zones. Councilmember Kruller asked who Mr. Goodman is representing with his comments. Mr. Goodman stated that he is in attendance to represent his client's interest in a retail site within Tukwila. The State Liquor Control Board has determined that due to Tukwila's location and population one retail site will be located within the City. Since the site proposed by his client is not within the approved zone, they may apply for a variance in keeping with the proposed site. Councilmember Kruller asked if each city will be assigned one retail outlet. Mr. Goodman explained the State Liquor Control Board contracted with a consultant to conduct a county by county study to determine the demand for this product. The information received showed that the citizens of Washington consume 163 metric tons of marijuana each year, and the number of outlets for a City will be based on population and other factors. He stated information from Colorado shows with marijuana regulation there have been fewer DUIs and reduced beer consumption. Councilmember Robertson asked how difficult it would be to amend the zoning restrictions related to retail activities in the future if the Council adopts the proposed legislation. Jack Pace, Community Development Director, explained this issue was first discussed in the Community Affairs and Parks Committee. Discussion involved the need to revisit zoning code changes when the legislature meets in March 2014, due to the changing rules and regulations surrounding this issue. The degree of legislative change will determine the amount of staff time necessary to make the changes. Additionally, in the August 26, 2013 agenda packet there was a map depicting the areas within the City that were not within the 1,000 foot sensitive area buffer. Currently the State Liquor Control Board considers trails as part of the sensitive area provision. However, there has been discussion on removing trails from the sensitive areas. Mr. Pace clarified that the area proposed by Mr. Goodman for the retail location is near a park and falls within the 1,000 foot buffer. At this time that proposed retail location would not be permitted in that area. Tukwila City Council Regular Meeting Minutes September 3, 2013 Page 5 of 11 Councilmember Robertson spoke in favor of the motion with the caveat that there could be changes to the zoning code in the future. He stated he is concerned with amending the City's zoning laws to suit one particular business. He believes the rules and regulations surrounding this topic will continue to evolve, and the Council will most likely make several changes to the zoning code for this issue in the future. Councilmember Duffie asked whether the Council can make additional changes to the code at any time if the Council adopts the ordinance as presented. Shelley Kerslake, City Attorney, explained that if the legislature and Washington State Liquor Control Board make changes to the rules and regulations that render the City's zoning incompatible for certain uses or undesirable to the Council, the action taken by the Council this evening does not preclude the Council from making future changes. Councilmember Ekberg suggested staff review the rules and regulations that will be published September 4, 2013 by the State Liquor Control Board, update the ordinance and return to a future Community Affairs and Parks Committee for discussion. Councilmember Kruller spoke in favor of the motion, explaining that staff has provided the information requested by the Council and the City is trying to meet basic deadlines. The Council is able to make additional changes to the zoning code in the future should the need arise. Councilmember Quinn expressed appreciation for the robust discussion. He explained this is not a new issue. The City has a moratorium in place relating to marijuana and he supports the motion. The proposed zoning allows the City to start small, while allowing for changes in the future. . Council President Hougardy commented that the issues surrounding the regulations to be published by the State Liquor Control Board make this issue a moving target. She feels the draft ordinance is a good beginning and she voiced her support of the motion. Councilmember Robertson asked for clarification on the timeline and if the City were short on time to take the most conservative approach. There had been previous discussions on the Council taking no action and the possibility of a business being established that would be grandfathered in. Mr. Pace stated the Council adopted a six -month moratorium, and this is the second month of the moratorium. The proposed rules and regulations from the State Liquor Control Board are going to continually evolve and change. No matter when the Council chooses to adopt zoning code regulations relating to marijuana, it will continue to be an evolving process for some time. Councilmember Ekberg explained the comments he has made on this item may appear liberal; however, for the Council to be ultra - conservative, he feels the Council should postpone the decision, and retain the moratorium. Councilmember Quinn said the discussion on this issue began at the Committee of the Whole Meeting, and staff provided the Council with the rational and justification for the recommended adoption of the proposed zoning code changes. The City is not able to outlaw these types of establishments, and he voiced his support with moving forward with the zoning code changes in the draft ordinance. He feels the proposed changes are a good, small first step for the issue. Councilmember Robertson stated Council discussion on this item reflects support for the draft ordinance with the expectation of future changes. *MOTION CARRIED 5 -1, TO ADOPT ORDINANCE 2407, WITH EKBERG VOTING NO. Councilmember Ekberg commented that he voted "no" to retain the formal moratorium to allow staff additional time to review the proposed Taws that will be published on September 4, 2013. Tukwila City Council Regular Meeting Minutes September 3, 2013 Page 6 of 11 b. Authorize the Mayor to contract for a neighborhood livability study in the area of the Burlington Northern Santa Fe (BNSF) Railroad intermodal facility, in an amount not to exceed $100,000. MOVED BY HOUGARY, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO CONTRACT FOR A NEIGHBORHOOD LIVABILITY STUDY IN THE AREA OF THE BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD INTERMODAL FACILITY, IN AN AMOUNT NOT TO EXCEED $100,000. MOTION CARRIED 6 -0. NEW BUSINESS a. Local Improvement District (LID) No. 33: Mayor Haggerton announced that if discussion of the next agenda item is still underway at 9:00 p.m., there will be a brief recess to address media issues. Shelley Kerslake, City Attorney, stated this item is related to the final assessment roll for LID No. 33, also known as the Klickitat Project. This project was an approximate $22 million road improvement project designed to improve severe congestion within the City's Urban Center. The LID before the Council funds approximately $9 million of the project. Per City Code, the Hearing Examiner held an evidentiary hearing on the assessment roll. The Hearing Examiner's job at that time was to determine whether the assessments accurately reflected the benefit received by the property from the LID improvement. A property is benefited by a local improvement if the fair market value increases after the improvement is installed. The degree to which a property specially benefits from an LID is measured by the fair market value before the improvement and the fair market value after the improvement. That is determined by an expert, who is an appraiser. Based on the evidence presented to the Hearing Examiner, he issues findings of facts and conclusions of law, which have been provided in this evening's agenda packet (pages 59 -74). The Council will need to address the approval of the assessment roll and an appeal of the Hearing Examiner's decision. The Hearing Examiner will make his recommendation and the Council is free to ask questions of the Hearing Examiner. The Council may adopt the recommendation of the Hearing Examiner or, based on evidence, modify the assessment or reject the recommendation. Prior to deliberating on the assessment roll ordinance, the Council will hear the appeal filed by the Archdiocese of Seattle. The code allows anyone who appealed their assessment before the Hearing Examiner to then appeal before the City Council. This will be a quasi - judicial proceeding, and the Deputy City Clerk will swear in witnesses and ask the Council the Appearance of Fairness questions prior to the appeal being heard. After the appeal has been heard, the Council will then decide whether to reject or accept the appeal, adopt or reject the Hearing Examiner's recommendation, and finally consider the final assessment roll ordinance. Ms. Kerslake addressed Recommendation "B" (agenda page 70) in the Hearing Examiner's Report. There was a question regarding whether the Segale Properties Development Agreement contained a provision requiring that they participate in the LID as a "no protest LID," similar to the Westfield and Wig Development Agreements. Prior to the meeting, she reviewed the Segale Properties Development Agreement and there is no such requirement. Ms. Kerslake referenced into the record a copy of the Segale Properties Development Agreement for review, and to reflect that there was no such requirement, and that answers the question posted by the Hearing Examiner. Ms. Kerslake introduced Gary McLean, Hearing Examiner for LID No. 33. (1) Recommendation to City Council from Hearing Examiner regarding LID No. 33 (presentation). Gary McLean, Hearing Examiner, expressed appreciation for serving as the Hearing Examiner relating to the LID No. 33 process. The written materials provided to the Council have clearly and concisely explained the process in which the LID assessment roll was reviewed. The assessment roll hearing occurred in late March 2013. and as indicated within the agenda packet materials, there were several attendees at the hearing. At the hearing, Bruce Disend, representing the City, requested additional time to follow up with some of the appellants. This caused the delay in submittal of the recommendation. Tukwila City Council Regular Meeting Minutes September 3, 2013 Page 7 of 11 Since the recommendation has been submitted, the City has received one appeal of the decision as previously mentioned. The legal standards for an LID are outlined within the recommendation, and the legal standards that must apply are strict. The standards are strict in regards to the City and the appellants. The reason for the strict standards is because this is a public finance tool that is used by bondholders who are obligating themselves to finance a project the City has undertaken. One major finding included within the assessment study is that all properties within the LID assessment area increased in property value. The Klickitat LID project is unique in that for every $0.19 spent, property values increased by $1.00, which is a significant increase in value. He commented that the Public Works staff should be commended for their work on this project. The project was completed on time, under budget and the final assessments are lower than originally estimated. Two of the appeals met the legal standards that were not mentioned in the mass appraisal method. The first was the appeal relating to the Andover West Property. The testimony provided on the appeal was done so by an individual with real estate expertise, and he feels the recommendation is appropriate and an adjustment has been recommended. The second relates to the appeal by Segale Properties, and the outstanding issue was referenced by Ms. Kerslake. Segale Properties was not required to participate in the LID as a condition of their property rezone. Therefore, on that basis the LID assessment should be modified as recommended. The third item before the Council for consideration is the appeal submitted by the Archdiocese of Seattle. A summary of the testimony received has been included, together with the applicable laws relating to appeals. As previously stated, the laws governing appeals are very strict regarding LIDs. The appeal by the Archdiocese of Seattle did not include an appraisal study or expert testimony to question the fact that the property in question did not increase in value, and the recommendation stands at the original assessment amount. (2) Council to consider appeal of Hearing Examiner Findings by the Catholic Archdiocese of Seattle. (Quasi- Judicial) Melissa Hart, Deputy City Clerk, asked the following "Appearance of Fairness" questions of each of the 6 Councilmembers: 1. Do you or your family have any interest in any of the properties located within the Klickitat Local Improvement District No. 33, a map of which was provided to you in this evening's agenda packet? 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? Councilmembers Duffie, Robertson, Ekberg, Quinn and Kruller answered "NO" to all of the above questions. Councilmember Hougardy answered "YES" to Question Number 3. She explained she spoke with City staff regarding the meeting process for this agenda item. Ms. Hart asked the audience if there were any objections to Councilmember Hougardy presiding over the above titled matter. There were no comments received from the audience. Ms. Kerslake stated the standards regarding assessment appeals are high, and she reviewed the criteria for the Council to consider during the appellant testimony and as to whether the Council should accept or reject the appeal. The assessment on a property located within an LID is presumed proper, and should be upheld unless the evidence shows the assessment is found on a fundamentally wrong basis or was arbitrary and capricious. This presumption is not evidence, however, and it may be rebutted. So if the challenging party presents expert appraisal evidence that the property is not benefited by the improvement, the burden then shifts to the City to show that the property is benefited by the improvement. If the appellant does not provide this type of expert testimony, the burden does not shift to the City, and the appeal should be denied. Tukwila City Council Regular Meeting Minutes September 3, 2013 Page 8 of 11 Ms. Kerslake called upon the appellant to make their presentation to the City Council. Thanh Dao, Pastor of the Vietnamese Martyrs Church, came forward to speak. Melissa Hart, Deputy City Clerk, administered the oath as follows: "Do you swear or affirm that the testimony you are about to give is the truth, the whole truth and nothing but the truth." Pastor Dao answered "yes" to the oath. He thanked the Mayor and Council for the opportunity to speak about the assessment. He introduced members of the parish in attendance, and he thanked Mayor Haggerton for his letter sent to them during their Summer Festival. He voiced his concern about the Vietnamese parish being responsible for the assessment. They are a non - profit organization and are tax exempt. He stated they acquired the property in January 2013 from Lily Pointe Investments, and the assessment against the Vietnamese Martyrs Church references a business that is no longer at that location. Due to the assessment being based on a retail business, they feel the assessment is not accurate. Vietnamese Martyrs Church is a group of refugees, who raised money to allow the church to purchase a larger piece of property for the parish. They are currently trying to raise funds to assist with the construction of the new church. The levy placed on their new property is a financial burden for the parish. He asked why the City would impose a tax on property in which they are financially responsible, and he feels the special benefit does not apply to the church because they are not able to occupy the site at this time. Pastor Dao stated the City will benefit from having the church at this location, as members of the parish will visit the mall and eat at the local restaurants. The new church will bring more people to the Southcenter area, and they will attract new parishioners. One of the City's goals is to invite people from other cultures to the community, and having the new church in Tukwila will achieve that goal. He commented that the church submitted permit applications that still have not been approved, and they had hoped to have the first phase of construction complete for their upcoming 25th anniversary celebration in November 2013. Councilmember Kruller asked if the church would be able to make monthly payments on the assessment amount, rather than a lump sum payment of the entire amount due. Pastor Dao stated they would have to make monthly payments. He asked the Council to take into consideration the church's tax exempt status and asked to exempt the church from the assessment. Council President Hougardy thanked Pastor Dao and the parish for relocating to Tukwila. She commented the laws relating to this issue are in place, and the Council does not have the power to change the rules for one property owner. The Hearing Examiner provided clear direction to the Council on this issue, and she expressed hope that the monthly payment option is less burdensome for the church. Pastor Dao stated the business that was previously at the location was commercial retail, and they are a religious organization. Councilmember Robertson voiced his appreciation for the church selecting Tukwila as the site for the new church. He stated the Council is limited on the type of information the Council can consider during an appeal. There has been nothing presented that shows the decision that was made is technically incorrect. Councilmember Kruller concurred with previous comments relating to appreciation for the church relocating to the City. She commented that while the assessment could be considered a financial burden, the increase in property value during these times is very positive. Councilmember Quinn requested the City Attorney repeat the roles, responsibilities and consideration the Council must follow as obligated by the law. Shelley Kerslake, City Attorney, explained that the standard by which the Council is operating under relating to the appeal is the assessment is presumed valid unless evidence shows the decision of the Hearing Examiner was arbitrary and capricious or based on a fundamentally wrong basis. The presumption is not evidence. If the appellant brings forward evidence demonstrating that an appraiser has reviewed the assessment and finds the assessment should be lower, then the burden shifts back to Tukwila City Council Regular Meeting Minutes September 3, 2013 Page 9 of 11 the City to demonstrate that the assessment is correct. The burden only shifts to the City if expert opinion is brought forward by the appellant. Michael Tran, member of the Vietnamese Martyrs Church, came forward to speak. Melissa Hart, Deputy City Clerk, administered the oath as follows: "Do you swear or affirm that the testimony you are about to give is the truth, the whole truth and nothing but the truth." Mr. Tran answered "yes" to the oath. He asked if a non - profit parish is exempt from levy taxes. Ms. Kerslake, City Attorney, clarified that the hearing this evening is for the appellant to present testimony relating to the appeal, not a question and answer period. Mr. Tran said his family came to this area in 1975. His family has donated their time and financially supported the church. The reason they chose Tukwila was because the City is safe, and the area will allow for continual growth for their children. They are planning to open a language school at the new church. He stated the church will not be generating any revenue and they will not be selling goods or products. Their mission is to help the less fortunate, unite other cultures and diversity. He asked the Council to consider exempting the church from being required to pay the levied assessment. The City will greatly benefit from the increased visitors to the area because of the church. He stressed that the assessment is a financial burden to the parish. Khanh Cao, member of the Vietnamese Martyrs Church, came forward to speak. Melissa Hart, Deputy City Clerk, administered the oath as follows: "Do you swear or affirm that the testimony you are about to give is the truth, the whole truth and nothing but the truth." Ms. Cao answered "yes" to the oath. She said she is a teacher in the Seattle Public School District, and a member of the Vietnamese parish. She explained that due to the language barriers, she started the parish English as a Second Language (ESL) program. The Vietnamese community came to America with nothing, and arrived in this country as refugees. Ms. Cao urged the Council to see the good that they are doing, have compassion and consider their appeal. They are struggling financially, and they feel with siting the new church within Tukwila it will make a positive impact for the City. Council President Hougardy thanked the Vietnamese Martyrs Church representatives for their testimony. She reiterated there are strict rules and laws relating to an appeal of an assessment for an LID, and as previously stated, an assessment is presumed proper unless it is refuted by expert testimony. The testimony presented was valid and worthy; however, it does not align with the appeal process. MOVED BY ROBERTSON, SECONDED BY EKBERG TO REJECT THE APPEAL BY THE ARCHDIOCESE OF SEATTLE.* Councilmember Ekberg said the testimony presented has been passionate. The Council is sitting as a judicial body, and it is presumed that the assessment presented by the Hearing Examiner is valid. Per the Hearing Examiner's Findings of Fact, any adjustments the Council might consider would then be borne by the City, which could be considered a donation to a religious organization. Since there have been no expert witnesses to testify on behalf of the appellant to the effect of the appraisal, he is comfortable with the motion. *MOTION APPROVED 6 -0. Council President Hougardy provided an additional motion to capture the requirements of the Hearing Examiner's findings. MOVED BY HOUGARDY, SECONDED BY ROBERTSON TO ACCEPT THE RECOMMENDATION OF THE HEARING EXAMINER, DENY THE APPEAL FILED BY THE ARCHDIOCESE OF SEATTLE AND FIND THAT SEGALE PROPERTIES WAS NOT REQUIRED TO PARTICIPATE IN THE LID AS A CONDITION OF RE -ZONES APPROVED BEFORE THE FORMATION OF THE LID. MOTION CARRIED 6 -0. Tukwila City Council Regular Meeting Minutes September 3, 2013 Page 10 of 11 (3) An ordinance approving and confirming the Assessment Roll for the Klickitat Local Improvement District No. 33 for construction of improvements to urban access for the Southcenter area; and levying and assessing a part of the costs and expenses thereof against the Tots, tracts, parcels of land and other property as shown on the assessment roll. MOVED BY HOUGARDY, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Melissa Hart, Deputy City Clerk, read the proposed ordinance by title only. AN ORDINANCE APPROVING AND CONFIRMING THE ASSESSMENT ROLL FOR THE KLICKITAT LOCAL IMPROVEMENT DISTRICT NO. 33 FOR CONSTRUCTION OF IMPROVEMENTS TO URBAN ACCESS FOR THE SOUTHCENTER AREA; AND LEVYING AND ASSESSING A PART OF THE COSTS AND EXPENSES THEREOF AGAINST THE LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY AS SHOWN ON THE ASSESSMENT ROLL. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0, TO ADOPT ORDINANCE NUMBER 2408. 8:58 p.m. Mayor Haggerton called for a recess to allow the videographer to change discs. 9:09 p.m. Mayor Haggerton called the Regular Meeting back to order. b. A resolution of the City Council of the City of Tukwila, Washington, expressing its collective position of support for the Countywide 2014 -2019 Medic One /Emergency Medical Services (EMS) levy. MOVED BY HOUGARDY, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Melissa Hart, Deputy City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING ITS COLLECTIVE POSITION OF SUPPORT FOR THE COUNTYWIDE 2014- 2019 MEDIC ONE /EMERGENCY MEDICAL SERVICES (EMS) LEVY. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* The Council had a presentation on this issue at the August 5, 2013 Regular meeting, Mayor Haggerton called for public comments. There were no public comments. *MOTION CARRIED 6 -0, TO ADOPT RESOLUTION NUMBER 1800. REPORTS a. Mayor There was no report. b. City Council Councilmember Duffie briefed the Council on the items discussed at the recent Utilities Committee meeting. Tukwila City Council Regular Meeting Minutes September 3, 2013 Page 11 of 11 Council President Hougardy participated in the Tukwila international Boulevard tour on August 30, 2013. Councilmember Krulier attended the Tukwila International Boulevard tour on August 30, 2013. c. Staff David Cline referenced the City Administrator report in the packet and offered to answer any questions. d. City Attorney There was no report. e. Intergovernmental Laurel Humphrey, Council Analyst, stated the materials for the September 9, 2013 Comprehensive Plan work session were distributed to the Council earlier this evening. ADJOURNMENT 9:16 p.m. MOVED BY DUFFLE, SECONDED BY KRULLER THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 6 -0. Melissa Hart, Deputy City Clerk APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR ON 09/23/2013 AVAILABLE ON THE CITY'S WEBSITE 09/24/2013