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HomeMy WebLinkAbout2009-12-07 Regular MinutesCALL TO ORDER CITY OFFICIALS Tukwila City Council City Hall Council Chambers MINUTES SPECIAL MEETING Mayor Haggerton called the Special Meeting of the Tukwila City Council to order at 5:00 p.m. Regular Meeting December 7, 2009 7:00 P.M. Attendees: Jim Haggerton, Mayor; Shelley Kerslake, City Attorney; Shawn Hunstock, Interim City Administrator; Tukwila City Councilmembers, Joe Duffie, Joan Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn; Bob Giberson, Public Works Director; Hillman Mitchell, Emergency Management Coordinator; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. EXECUTIVE SESSION Start: 5:03 p.m. Mayor Haggerton announced the purpose of the Executive Session is to discuss: Legal Issues Pursuant to RCW 42.30.110(1)(i) To discuss the legal risks of a proposed action or current practice that the agency has identified, when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. Pending Litigation Pursuant to RCW 42.30.110(1)(i) Settlement Agreement: CHA Southcenter, LLC Pending Litigation Pursuant to RCW 42.30.110(1)(i) DESC vs. Tukwila Personnel Matter Pursuant to RCW 42.30.110(g) It will last no more than 2 hours, and no decisions will be made during the Executive Session. End: 6:20 p.m. ADJOURNMENT 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 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. Jim Haggerton, Mayor; Shawn Hunstock, Interim City Administrator; Shelley Kerslake, City Attorney; Bob Sterbank, Assistant City Attorney; Jack Pace, Community Development Director; Nora Gierloff, Community Development Deputy Director; Carol Lumb, Senior Planner; Rebecca Fox, Senior Planner; Bob Giberson, Public Works Director; Hillman Mitchell, Emergency Management Coordinator; Lisa Verner; Project Manager; Mary Miotke, Information Technology Director; David Haynes, Police Chief; Katherine Kertzman, Tourism and Marketing Manager; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. Tukwila City Council Regular Meeting Minutes December 7, 2009 Page 2 of 9 AMEND AGENDA MOVED BY HERNANDEZ, SECONDED BY LINDER TO AMEND THE AGENDA TO ADD THE CONFIRMATION OF BOB GIBERSON AS PUBLIC WORKS DIRECTOR AS THE FIRST ITEM UNDER NEW BUSINESS AS ITEM A. MOTION CARRIED 7 -0. MOVED BY HERNANDEZ, SECONDED BY LINDER TO AMEND THE AGENDA TO ADD A SETTLEMENT AGREEMENT WITH CHA SOUTHCENTER, LLC AS ITEM B UNDER NEW BUSINESS. MOTION CARRIED 7 -0. MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO REORDER THE AGENDA TO HAVE NEW BUSINESS MOVED UNDER PROCLAMATIONS /APPOINTMENTS AND BECOME ITEM 4 ON THE AGENDA. MOTION CARRIED 7 -0. SPECIAL PRESENTATIONS David Haynes, Police Chief, asked for a moment of silence in honor of the 4 Lakewood Police Officers slain on November 29, 2009 at a Pierce County coffee shop. The Mayor, City Councilmembers, staff and audience paused for a moment of silence to offer recognition, reverence, and respect for Sergeant Mark Renninger and Officers Tina Griswold, Gregory Richards, and Ronnie Owens. The Memorial Service for the officers will be held on December 8, 2009 at 1:00 p.m. at the Tacoma Dome. a. Recycler of the Year Award presented to Complete Office Rebecca Fox, Senior Planner Rebecca Fox, Senior Planner, indicated that since 1996 the City's Business Recycling program has been focused on business waste reduction and business resource conservation. The program has assisted over 50 businesses work toward best practices with regard to recycling. The Recycler of the Year Award is being presented to Complete Office at 11521 East Marginal Way South in Tukwila. Since beginning its program in 2009, Complete Office has attained an 81% recycling rate and a savings of $2,300 by recycling paper, plastic, glass, aluminum, wood pallets, toner cartridges, florescent bulbs, styrofoam, batteries, and organic wastes. They have also formed a Green Team and a Green Symposium to educate clients on environmental issues and the creation of green initiatives. Mayor Haggerton presented the 2009 Recycler of the Year plaque to Dave Patterson, Ashley Rhyner and Julie Harrison of Complete Office. The Mayor and City Councilmembers thanked the staff from Complete Office for their efforts and success toward business recycling. b. Update on flood response due to issues regarding the Howard Hanson Dam Hillman Mitchell, Emergency Management Coordinator Hillman Mitchell, Emergency Management Coordinator, provided an update regarding protective measures and flood planning for risks associated with the Howard Hanson Dam and weather patterns. The protective measures are substantially complete south of 405, and the levees have been raised to enhance capacity from Auburn through Tukwila. Inspections are forthcoming from the King County Flood Control District (KCFCD). The flood planning activity is substantially complete and involves a team that includes staff from all departments. The Army Corps of Engineers has indicated the risk of overtopping is 1 in 25. The flood season is November to February, and staff has been vigilant in monitoring the conditions and weather patterns. The National Weather Service atmospheric river monitoring platforms have been installed and have proven very valuable in noting where weather patterns are developing. Tukwila City Council Regular Meeting Minutes December 7, 2009 Page 3 of 9 The City has been working with KCFCD, and sand and sandbags will be available at a Tukwila location for residents of King County in the next two weeks. Tukwila is also partnering with King County, Auburn, Kent, Renton, and Seattle in coordinating plans for responding to a flood event. A good regional plan is in place, and the key players are communicating regularly to minimize potentially negative impacts. The city's notification system has been in place for some time and has the ability to select an area on a map and automatically dial all the landlines in the phone directory. The additional component of signing up online to receive electronic communications is also available. Mr. Mitchell indicated that acquisition of flood insurance is the number 1 message being imparted to citizens. It is important for citizens to sign up for National Flood Insurance, and he suggested visiting htto: /ww.floodsmart.aov to receive information on the costs and process for acquiring the insurance. He offered the reminder that once flood insurance is purchased, it takes 30 days to become effective. Joanne McManus, 5610 South 133 Street, indicated the citizens in the Foster Point neighborhood have the river on 3 sides. She is concerned they have not heard back from the City regarding sand and sand bags. Mr. Mitchell indicated the City has done a survey of the area to develop an inundation map, and the results of that study have just been completed. A geotechnical analysis is also being undertaken, and the results should be available in the next week. More information and options will be forthcoming. He encouraged all residents to be prepared to move to a safe area in the event of flooding. PROCLAMATIONS /APPOINTMENTS a. Confirm the appointment of Maureen Huffman to Position #2 on the Lodging Tax Advisory Committee. Katherine Kertzman, Tourism and Marketing Manager, explained that Maureen Huffman is currently the General Manager of the Embassy Suites Hotel in Tukwila and brings a wealth of expertise to the Committee. MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO CONFIRM THE APPOINTMENT OF MAUREEN HUFFMAN TO POSITION #2 ON THE LODGING TAX ADVISORY COMMITTEE. MOTION CARRIED 7 -0. b. Confirm the appointment of Miesa Berry to Position #3 on the Lodging Tax Advisory Committee. Ms. Kertzman introduced Miesa Berry, General Manager of Homewood Suites in Tukwila. Ms. Berry has 10 years of experience in the hospitality industry and will be a great addition to the Committee. MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO CONFIRM THE APPOINTMENT OF MIESA BERRY TO POSITION #3 ON THE LODGING TAX ADVISORY COMMITTEE. MOTION CARRIED 7 -0. NEW BUSINESS Per Agenda Amendment on Page 2 a. Confirm the appointment of Bob Giberson as the City of Tukwila Public Works Director. MOVED BY HERNANDEZ, SECONDED BY LINDER TO CONFIRM THE APPOINTMENT OF BOB GIBERSON AS THE CITY OF TUKWILA PUBLIC WORKS DIRECTOR.* Mr. Giberson has worked for the City of Tukwila for over 20 years and was the City Engineer prior to his appointment as Public Works Director. He brings valuable expertise and experience to the City. Mr. Giberson expressed he is both honored and excited to take on this new challenge, and he thanked the Mayor and Council for this career opportunity. He introduced his family members who were in attendance in the audience. The Mayor and Councilmembers congratulated Mr. Giberson on his promotion. Tukwila City Council Regular Meeting Minutes December 7, 2009 Page 4 of 9 *MOTION CARRIED 7 -0. b. Authorize the Mayor to sign a settlement agreement with CHA Southcenter, LLC in the amount of $350,000.00. MOVED BY HERNANDEZ, SECONDED BY HOUGARDY TO AUTHORIZE THE MAYOR TO SIGN A SETTLEMENT AGREEMENT WITH CHA SOUTHCENTER, LLC IN THE AMOUNT OF $350,000.00. MOTION CARRIED 7 -0. c. An Interlocal Agreement with the cities of SeaTac, Des Moines, and Covington for the implementation of the 2010 Minor Home Repair Program with the use of Community Development Block Grant funds in the amount of $100,000.00. MOVED BY GRIFFIN, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITIES OF SEATAC, DES MOINES, AND COVINGTON FOR THE IMPLEMENTATION OF THE 2010 MINOR HOME REPAIR PROGRAM WITH THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $100,000.00.* The City is expecting a formal award letter for $100,000 in Community Development Block Grant funds for the 2010 Minor Home Repair program. The City of Covington is now a member of the program, which also includes SeaTac, Des Moines, and Tukwila. This program serves income eligible homeowners with minor home repair needs including, but not limited to, carpentry, plumbing, electrical, HVAC systems, and preventative maintenance. Each city manages its own programs with its share of the funds, and Tukwila has served as the fiscal agent since 2005. *MOTION CARRIED 7 -0. d. A resolution to reimburse capital expenditures in connection with the costs of the Southcenter Parkway Realignment in the Tukwila South annexation area, costs associated with the Strander Boulevard and Railroad Crossing improvements, and costs of flood control equipment, materials, and supplies. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING ITS OFFICIAL INTENT TO REIMBURSE CAPITAL EXPENDITURES IN CONNECTION WITH 1) THE COSTS OF THE SOUTHCENTER PARKWAY CONSTRUCTION AND REALIGNMENT IN THE TUKWILA SOUTH ANNEXATION AREA, TOGETHER WITH RELATED IMPROVEMENTS; 2) COSTS OF RIGHT -OF -WAY ACQUISITION, ARTERIAL IMPROVEMENTS, EXTENSION OF STRANDER BOULEVARD AND RAILROAD CROSSING, TOGETHER WITH RELATED IMPROVEMENTS; AND 3) THE COSTS OF FLOOD CONTROL FACILITIES, EQUIPMENT, MATERIALS AND SUPPLIES FROM PROCEEDS OF A FUTURE BORROWING. MOVED BY LINDER, SECONDED BY HERNANDEZ 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 LINDER, SECONDED BY GRIFFIN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* The resolution authorizes reimbursement to the City for disbursements made for the Strander Boulevard project, Southcenter Parkway project, and flood response, mitigation, and related activities due to conditions at the Howard Hanson Dam. Such reimbursement shall be from an anticipated bond sale to take place in early 2010. *MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1702. Tukwila City Council Regular Meeting Minutes December 7, 2009 Page 5 of 9 CITIZEN COMMENTS Joanne McManus, 5610 South 133` Street, thanked the Council for the Parks and Recreation Department. The programs for senior citizens at the Community Center and at the Tukwila Pool are very important to the physical and mental well being of the seniors. The programs for children at the Community Center and availability of parks in a down economy are also very important. She complimented the excellent staff of the Parks and Recreation Department. CONSENT AGENDA a. Approval of Minutes: 11/16/09 (Regular) b. Approval of Vouchers #350439 #350627 and #200912071 #200912072 in the amount of $922,657.33 c. Accept as complete the Interurban Avenue South Waterline project with Gary Merlino Construction Company, Inc. (Contract #08 -093); authorize release of retainage subject to the standard claim and lien procedures (final cost of project, including retainage $403,593.04). d. Accept as complete the Standby Power Upgrades Year 1 project with Ebenal General, Inc. (Contract #08 -086); authorize release of retainage subject to the standard claim and lien procedures (final cost of project, including retainage $595,279.84). e. Accept as complete the Records Center Shelving Contract project with Easyup Storage Systems (Contract #09 -104); authorize release of retainage subject to the standard claim and lien procedures (final cost of project, including retainage $46,371.06). MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. UNFINISHED BUSINESS a. An ordinance amending Ordinance #2221, which adopted the biennial budget of the City of Tukwila for the 2009 -2010 biennium. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2221, WHICH ADOPTED THE CITY OF TUKWILA'S FIRST BIENNIAL BUDGET FOR THE 2009 -2010 BIENNIUM, TO ADOPT AN AMENDED MID BIENNIUM BUDGET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY GRIFFIN, SECONDED BY HERNANDEZ 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 2264. b. A resolution adopting the 2010 -2015 Financial Planning Model and the Capital Improvement Program. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2010 -2015 FINANCIAL PLANNING MODEL AND THE CAPITAL IMPROVEMENT PROGRAM FOR GENERAL GOVERNMENT AND THE CITY'S ENTERPRISE FUNDS. 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 LINDER, SECONDED BY GRIFFIN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1703. Tukwila City Council Regular Meeting Minutes December 7, 2009 Page 6 of 9 c. Authorize the Mayor to sign a contract with Phillip Hallstrom PJKH, LLC for the Seattle Southside Visitors' Center (SSVS) website re- design in the amount of $52,920.00. MOVED BY LINDER, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH PHILLIP HALLSTROM PJKH, LLC FOR THE SEATTLE SOUTHSIDE VISITORS' CENTER (SSVS) WEBSITE RE- DESIGN IN THE AMOUNT OF $52,920.00. MOTION CARRIED 7 -0. d. Authorize the Mayor to sign a contract with Lunar Cow for the Seattle Southside Visitors' Center (SSVS) vacation planner re- design in the amount of $50,910.00. MOVED BY LINDER, SECONDED BY QUINN TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH LUNAR COW FOR THE SEATTLE SOUTHSIDE VISITORS' CENTER (SSVS) VACATION PLANNER RE- DESIGN IN THE AMOUNT OF $50,910.00. MOTION CARRIED 7 -0. 7:59 p.m. Councilmember Quinn recused himself from discussion of Unfinished Business Items e and f and left the Council Chambers. e. Authorize the Mayor to sign an Interlocal Agreement with King County for provision of services provided by the Road Services Division. MOVED BY GRIFFIN, SECONDED BY ROBERTSON TO AUTHORIZE THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH KING COUNTY FOR PROVISION OF SERVICES PROVIDED BY THE ROAD SERVICES DIVISION. MOTION CARRIED 6 -0, WITH QUINN RECUSED. f. An ordinance adopting all King County Zoning, Land Use, Shoreline and other development regulations for any work related to the South Park Bridge. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING ALL KING COUNTY ZONING, LAND USE, SHORELINE AND OTHER DEVELOPMENT REGULATIONS FOR ANY WORK RELATED TO THE SOUTH PARK BRIDGE THAT IS AUTHORIZED BY AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND KING COUNTY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY GRIFFIN, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -0, WITH QUINN RECUSED. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. MOVED BY HERNANDEZ, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0, WITH QUINN RECUSED, TO ADOPT ORDINANCE NUMBER 2265. 8:02 p.m. Councilmember Quinn returned to the Council Chambers. g. Authorize the Mayor to sign an amendment to Contract #06 -059 with Commercial Development Solutions for 2010 project management services in the amount of $132,000.00. MOVED BY LINDER, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN AN AMENDMENT TO CONTRACT #06 -059 WITH COMMERCIAL DEVELOPMENT SOLUTIONS FOR 2010 PROJECT MANAGEMENT SERVICES IN THE AMOUNT OF $132,000.00. MOTION CARRIED 7 -0. h. An ordinance establishing new regulations regarding City cash reserves. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING CITY CASH RESERVES, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 3.34, "RESERVE POLICY PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Tukwila City Council Regular Meeting Minutes December 7, 2009 Page 7 of 9 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 HERNANDEZ, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2266. 8:10 p.m. Mayor Haggerton declared a brief recess. 8:19 p.m. Mayor Haggerton reconvened the Regular Meeting. i. Shoreline Master Program (SMP) Ordinances (discussion only): Mayor Haggerton requested an update regarding next -steps in the process and future options for public input. Bob Sterbank, Assistant City Attorney, explained that once the Shoreline Master Program is adopted by the Council, it will be sent to the Department of Ecology (DOE). The DOE may set a public hearing and /or may send the SMP back to the City with a request for changes. At that time, the City may also conduct a public hearing and accept written comments. The Councilmembers acknowledged prior public hearings and meetings on the SMP that have been conducted by the City and exchanged comments on whether additional public comments should be included this evening. Some Councilmembers indicated additional public comments would be beneficial and others conveyed this meeting should be spent on Council deliberations on the issues. Carol Lumb, Senior Planner, clarified the DOE has indicated the intent to hold a public hearing on the SMP in the City of Tukwila. Ms. Lumb explained there are 4 ordinances that will need to be passed regarding the Shoreline Master Program. The fourth ordinance covering "definitions" had no changes from the prior meeting and does not require discussion this evening. The ordinances are as follows. 1. An ordinance approving and adopting a Shoreline Master Program update for the City of Tukwila to incorporate new State requirements. 2. An ordinance updating the shoreline element of the City's Comprehensive Plan to incorporate policies that reflect new State requirements for areas subject to shoreline jurisdiction. 3. An ordinance updating requirements for shoreline regulations to incorporate new State Requirements regarding "Shoreline Overlay." 4. An ordinance updating definitions for shoreline regulations to incorporate new State requirements. (There were no changes from the November 23, 2009 Committee of the Whole.) Ms. Lumb suggested the Council begin their review with Ordinance #3. An ordinance updating requirements for shoreline regulations to incorporate new State requirements regarding "Shoreline Overlay." (Ordinance #3) Ms. Lumb provided an explanation of the changes made by the Council at the November 23, 2009 Committee of the Whole meeting. Updated information was distributed to the Council for page 156 of the agenda packet regarding 18.44.130 E Nonconforming Development. Section 2 G was amended and a new Section 3 was added. Council consensus existed to accept the referenced changes. Ms. Lumb referenced pages 156 and 162 of the agenda packet. She requested clarification as to whether the Council wants the permit process for a time extension to be Type 2 (Director decision) or a regular Conditional Use Permit (Hearing Examiner). Council consensus existed for a Conditional Use Permit. Tukwila City Council Regular Meeting Minutes December 7, 2009 Page 8 of 9 An ordinance approving and adopting a Shoreline Master Program update for the City of Tukwila to incorporate new State requirements. (Ordinance #1) Ms. Lumb went over clarifying changes that had been made to Attachment A of this ordinance and discussed at the November 23, 2009 Council Meeting. Council consensus existed to add the phrase "shall meet the applicable levee requirements of this chapter" and delete the words "wherever feasible" on pages 87, 89, and 91 of the agenda packet. Language will also be added to be consistent with the new text added to Ordinance #3, regarding nonconforming uses. An ordinance updating the shoreline element of the City's Comprehensive Plan to incorporate policies that reflect new State requirements for areas subject to shoreline jurisdiction. (Ordinance #2) Ms. Lumb provided an explanation of the clarifying changes to this ordinance. Council Discussion Councilmember Hougardy proposed an amendment to Ordinance #1 approving and adopting a Shoreline Master Program update. She suggested a revision to TMC 18.44.070 E 10 as follows: 10. New, existing, redeveloped or replaced flood hazard reduction structures may deviate from the minimum levee profile only as follows: New Item b as follows: b. A levee that meets the design requirements of the King County Flood Hazard Manaaement Plan. or the provision of easements to the City arantina sufficient area to modify an existing levee to meet the design requirements of the Kina County Flood Hazard Manaaement Plan. shall satisfy the requirements of this chapter regarding minimum levee profile, provided that in either case the levee crown shall be at least 18 feet in width. Ms. Hougardy referenced an email from King County Councilmember Julia Patterson that endorses the amendment. Bob Sterbank, Assistant City Attorney, explained the King County Flood Management Plan's minimum levee profile is 2.5:1 (two and a half to one). If adopted, this amendment would allow one stretch of property, owned by La Pianta, to have a 2:1 ratio, and all other property would be subject to the 2.5:1 profile. Ms. Lumb indicated the 2.5:1 standard provides additional flood protection with a more gradual slope for additional flood capacity. The vegetated mid -slope bench provides shading for the salmon habitat and meets requirements of the Endangered Species Act. The mid -slope bench also provides the ability for essential maintenance and inspections that require the use of heavy equipment. The 2.5:1 ratio provides slope stability, which facilitates the prevention of costly repairs and re- repairs. This amendment would allow a buffer reduction for property that does not meet the minimum levee profile of 2.5:1. Council consensus did not exist to endorse the suggested amendment due to issues regarding public safety, protection of property, and the need for applying consistency toward all property owners. Ms. Lumb reviewed the matrix on page 163 of the packet that summarized public comments regarding the SMP from the November 23, 2009 Council meeting. The Councilmembers discussed each of the items, and Councilmember Hougardy expressed concern about the review process. No changes were made to the draft ordinances. MOVED BY ROBERTSON, SECONDED BY GRIFFIN TO FORWARD THE 4 SMP ORDINANCES TO THE DECEMBER 14, 2009 COMMITTEE OF THE WHOLE /SPECIAL MEETING. MOTION CARRIED 6- 1, WITH DUFFIE VOTING NO. Tukwila City Council Regular Meeting Minutes December 7, 2009 REPORTS The Councilmembers dispensed with reports. ADJOURNMENT 10:58 p.m. MOVED BY HERNANDEZ, SECONDED BY QUINN THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Ji ggerton, Christy O'Flal'rty, City Clerk APPROVED BY THE CITY COUNCIL: 1/4/2010 Page 9 of 9