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HomeMy WebLinkAbout2011-03-21 Regular Minutes Tukwila City Council Regular Meeting City Hall Council Chambers March 21, 2011 7:00 P.M. MINUTES 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. CITY OFFICIALS Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney; Shawn Hunstock, Finance Director; Nora Gierloff, Deputy Community Development Director; Derek Speck, Economic Development Administrator; Bob Giberson, Public Works Director; Bruce Linton, Police Commander; Melissa Hart, Deputy City Clerk. ROLL CALL Melissa Hart, Deputy City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Allan Ekberg, Council President, Dennis Robertson, Verna Seal, Kathy Hougardy, and De'Sean Quinn. Mayor Haggerton announced to the audience that the City has received notification that Burlington Northern Santa Fe (BNSF) Railroad has withdrawn their Comprehensive Plan Rezone applications (Agenda item 5.b, Applications No. 1 and 2. He asked Melissa Hart, Deputy City Clerk, to distribute copies of the letter to the Council. Ms. Hart read the letter from Burlington Northern Santa Fe Railroad into the record. Shelley Kerslake, City Attorney, explained that Congress has granted broad power to the railroad and has determined that rail operations will be regulated at a federal level, as opposed to a state or local level. Since the early 1800's, the Interstate Commerce Act governs federal regulation of railroads and has been recognized as among the most pervasive and comprehensive of federal regulatory schemes. Congress has clearly stated that the Surface Transportation Board (STB) has exclusive jurisdiction over the following: construction, acquisition, operation, abandonment or discontinuance, spur, team switching, side tracks or facilities. The remedies under this part of the act, with respect to the regulation of rail transportation are exclusive and preempt the remedies provided under federal and state law. The purpose of the act was to significantly reduce the regulation to surface transportation industries. Burlington Northern Santa Fe has asserted that their particular proposal falls within the STB jurisdiction, and thus the City is preempted. Any action taken by BNSF will be reviewed by the City and the City Attorney's office to ensure it falls under the purview of the preemption clause. If the project does not, the City will take whatever regulatory action is necessary. Ms. Kerslake also explained that Kenyon Disend has a railroad expert on staff who will be working with City staff to ensure the issues are adequately addressed. Councilmember Duffie asked if the Act allows Burlington Northern to proceed with their planned project without asking for permission from the City. Ms. Kerslake explained that if the project pertains to railroad operations, then yes, BNSF is allowed to proceed as planned and the City cannot regulate them. Councilmember Hernandez asked if BNSF has to abide by the City's Comprehensive Plan. Tukwila City Council Regular Meeting Minutes March 21, 2011 Page 2 of 7 Ms. Kerslake stated that courts have found that local zoning regulations are preempted by federal law. Councilmember Hougardy asked if there are any implications for the City due to this act. Ms. Kerslake conveyed the implications are dependent on the project being undertaken by BNSF. If the project is related to the operations of the railroad, they can proceed. One caveat is the railroad must comply with life safety issues such as building code, fire codes, etc. Council President Ekberg asked if the railroad company project includes public involvement in the project process. Ms. Kerslake indicated that she would need to research that question and provide the information at a later date. Councilmember Quinn asked the City Administration if they have contacted the City's Washington D.C. lobbyists about the Burlington Northern Santa Fe Railroad project. Steve Lancaster, City Administrator, indicated he would research this issue further. Mayor Haggerton explained that because the application has been withdrawn, individuals are welcome to provide comments to the Council under the Citizen Comments section of the agenda. MOVED BY EKBERG, SECONDED BY SEAL TO AMEND THE AGENDA TO REMOVE ITEM 53, APPLICATIONS 1 AND 2, FROM THE AGENDA. MOTION CARRIED 7 -0. SPECIAL PRESENTATIONS a. Tukwila Urban Access (Klickitat) Update Bob Giberson, Public Works Director, introduced Maiya Andrews with CH2M Hill. Ms. Andrews utilized a PowerPoint presentation to review the Southcenter Access Project. The following items were highlighted: Southcenter Parkway /Klickitat Project Overview Road Closures; Southbound lanes of Southcenter Parkway, Southbound Southcenter Parkway off -ramp; Klickitat closed from Southcenter Parkway to the Southbound Interstate -5 on -ramp (the ramp itself will be open); Detours around the construction site; specific maps available at www.southcenteraccess.com Public Outreach. Notifications mailed to area businesses and residents; meetings with Westfield and area retailers; creation of project email southcenteraccessna ..tukwilawa.aov; project message phone line (206) 431 -2444; Banners and project signs; notifications to the travel industry, emergency services and transit agencies; Continued communication partnership with Washington Department of Transportation WSDOT) communication team Preparing for road closures; detour signage and advance notification signs; real -time GPS system updates; press releases and media events; WSDOT web -site announcements Media events to be held on March 24 and March 28, 2011, media plan is to emphasize that "Businesses are Open during Construction" First day of road closures to be March 28, 2011, and the estimated completion of the project is November 2011 The Councilmembers asked questions regarding various components of the presentation and thanked Ms. Andrews for the information. Mayor Haggerton thanked the staff and Ms. Andrews for the presentation, and explained the City did not intend for both the Southcenter Access (Klickitat) and Southcenter Parkway Extension projects to be built Tukwila City Council Regular Meeting Minutes March 21, 2011 Page 3 of 7 simultaneously. The City will save a lot of money and achieve a faster completion by closing the area completely during the construction. b. State of the County Presentation Julia Patterson, King County Councilmember, thanked the Council for the opportunity to provide an update on the State of King County. Councilmember Patterson updated the Council on the following: Budget The King County budget for 2011 included a reduction of 300 Employees; Green River Valley Flooding She will again chair the King County Flood Control District Board Public Health Health issues awareness and nutritional guidelines and banning Trans Fats within King County South King County Lake to Sound Trail Project Connecting Lake Washington to Puget Sound via the King County trail system Commended the City for completing the Tukwila South Annexation. The proposed development of the Tukwila South project could create 25,000 new jobs for the area. Councilmember Patterson congratulated the City's work with the Tukwila Historical Society on the new Heritage and Cultural Center. She feels preserving the City's history is extremely important for the children of the area and future generations. Mayor Haggerton conveyed that with the planned future development and expansion along East Marginal Way, King County Metro could extend the Rapid Ride Line from the Boeing facility to Federal Way. This extension could increase the Rapid Ride use even more. c. Suburban Cities Association (SCA) Update Karen Goroski, SCA Executive Director, and Dave Hutchinson, SCA Board President/Lake Forest Park Mayor Dave Hutchinson, indicated he is the current president of the Suburban Cities Association. The Association would like to recognize Mayor Haggerton for all his work the last few years with Suburban Cities. Mr. Hutchinson presented Mayor Haggerton with a clock from the Suburban Cities Association in appreciation for his contributions to the organization. Mayor Haggerton thanked Mr. Hutchinson for the recognition. Karen Goroski, SCA Executive Director, distributed and reviewed the 2010 annual report for the Suburban Cities Association. Key highlights included: Suburban Cities Association Long Range Goals through 2015 2011 organizational chart for Suburban Cities Association of King County The Creation of the Suburban Cities Association Public Policy Positions Strategic Plan for Public Transportation 2011 -2021 March 23, 2011 SCA networking Dinner Announcement Ms. Goroski urged the City to contact King County Metro and request a presentation on the Public Transportation Plan. The Councilmembers asked questions regarding various components of the presentation and thanked Ms. Goroski for providing this update on the activities of the Suburban Cities Association. CITIZEN COMMENTS Lewis Whilden, 11517 36 Avenue NE, Seattle, is a member of the LaRouche Political Action Committee. He distributed documentation to the Council, and explained the collapse of the economic system could be improved by passage of the Glass Steagall Act and creating a separation between the financial institutions and Wall Street. In his view, local communities are doomed if this type of reform is not put in place at the federal level. Mr. Whilden stated he is available to meet with Councilmembers to discuss the Tukwila City Council Regular Meeting Minutes March 21, 2011 Page 4 of 7 needed reform, and he urged the Council to pass a resolution supporting the Glass Steagall Act immediately. Hadiey Raf, 14029 37 Avenue NE, Seattle, is a member of the LaRouche Political Action Committee. She distributed documentation to the Council and urged them to address the federal banking issues and adopt a resolution supporting the Glass Steagall Act. She feels the people responsible for investing the taxpayers' money are not responsible, and the Glass Steagall reform could resolve the country's financial issues. She feels the United States should invest in space exploration to better understand the complications of the universe and learn about the relationship between solar flares and earthquakes. Joe McDermott, King County Councilmember, conveyed that he is pleased to be part of the City of Tukwila's King County representatives. He is currently chairing the King County Board of Health and serves on the Sound Transit Board as a South King County representative. He also serves on other King County Council committees and looks forward to building a working relationship with the City of Tukwila. Mayor Haggerton indicated the City will be contacting Sound Transit to resurrect the discussions relating to the original Boeing Access Road Light Rail Station that was removed due to budget reductions. Pamela Linder, 11918 Interurban Place South, stated the withdrawal of Burlington Northern Santa Fe's application is unexpected. Ms. Linder explained that in all the years she has been part of the City, she has never seen such a concerted effort by residents, as there was from the Allentown /Duwamish community. The neighborhood gathered together, reviewed the information, created a plan of action, and executed the plan in one evening. After reviewing BNSF's application and lack of answers, she feels they did not take this issue seriously. The Tukwila Comprehensive Plan states the most affordable housing is located in the Allentown area. She feels this is a tragedy for the region and looks forward to the future notifications relating to the next phase of the issue. Brooke Alford, 4724 South 122 Street, conveyed that the City and residents need to continue contesting the BNSF project. She feels the change in use for the purchased property cannot happen to the residents of Allentown. She urged the City to continue to take a stand against the project and work with the City's federal lobbyists for change. She asked if the City Attorney or a City representative could be present at the next community meeting. She feels a united front is the best defense for the community. Robert Jensen, 11682 44 Avenue South, explained a number of years ago the Duwamish Club asked the Tukwila City Council to change the traffic routes for truck traffic in the Duwamish /Allentown area. At that time, he asked the Council to research other optional traffic routes that could be available to the traffic created by the railroad. An expansion of the railyard will increase the loud noise, and this will eventually encroach further into the Duwamish /Allentown neighborhood. He hopes the City can work with the railroad to find a solution to the increased industrial noise and traffic along 124 Street. Roger Baker, 11662 42 Avenue South, compared Burlington Northern Santa Fe Railroad to a caricature from the past, General Bullmoose. He feels BNSF follows that caricature's motto by proposing one idea and following through with the complete opposite. In his opinion, the area does not need Burlington Northern Santa Fe Railroad as a neighbor. Pat Malara, 916 Woodmont Drive South, Des Moines, challenged the City Council and Planning Commission to take a fresh look at the Burlington Northern Rail issue. He suggested the City try to create a Comprehensive Plan that would lessen the impact on the community and that would be beneficial for the community in the future. He feels there are ways to lessen railway noise as other cities in California have done. Requiring buffers would greatly help the community. He feels everyone working together is the only way to resolve the concerns of both parties. Joanne McManus, 5610 South 133 Street, said she has lived in Tukwila many years, and she recently drove through the Allentown neighborhood. She relayed that she was able to see the garbage packed along the railroad tracks in the Burlington Northern Santa Fe Railroad yard. She feels that makes the area look bad, and she urged the Council to continue protecting what is best for the City. Fred Eastland 12242 48 Avenue South, stated that he has lived in the Allentown area for the last 10 years. He feels the current proposal by BNSF to stage cargo containers in a new storage yard for Tukwila City Council Regular Meeting Minutes March 21, 2011 Page 5 of 7 transfer to railcars is not a good proposal for a residential area. If they are allowed to move forward with their project, the area will be subject to increased noise, garbage smell and truck traffic. He does not want that in his neighborhood. Jack Gobright, 14440 58 Avenue South, expressed concern about a medical incident involving the Tukwila Fire Department's Aid Car. He explained that the aid car answered a call for service, and he specifically asked to be transported to the Veterans Hospital where his doctors and medical records are, and the Fire Department personnel would not take him there. Instead they took him to Valley Medical Center where his medical visit was not 100% covered. He felt compelled to notify City Council of this situation and the disregard for patient preference for hospital and medical care. Sean Albert, 4023 South 114 Street, explained that he is a Parks Commissioner and 'he agrees with the other Allentown citizens' comments relating to the Burlington Northern Santa Fe Railroad applications. However, he reminded the Council to also remember the Tukwila Community Center and the parks within Allentown, as they too will be affected by any expansion at the Burlington Northern Santa Fe Railroad site. Council President Ekberg asked if the issue is still a quasi judicial matter. Ms. Kerslake explained that due to the applications being withdrawn, there is nothing for the Council to consider at this time. If the applicant chooses to re- submit their applications for Comprehensive Plan amendments, the applications would then be considered quasi judicial. CONSENT AGENDA a. Approval of Minutes: 3/07/11 (Regular) b. Approval of Vouchers: #356919- 357023 and #110200 110301 in the amount of $1,917,555.61. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. UNFINISHED BUSINESS a. Authorize.the Mayor to sign the right -of -way dedication related to the Strander Boulevard Extension Phase II project. MOVED BY HERNANDEZ, SECONDED BY SEAL TO AUTHORIZE THE MAYOR TO SIGN THE RIGHT -OF -WAY DEDICATION RELATED TO THE STRANDER BOULEVARD EXTENSION PHASE II PROJECT. MOTION CARRIED 7 -0. b. Comprehensive Plan Amendments in Public Meeting format: Rebecca Fox, Senior Planner, explained this is a screening review of the application for Comprehensive Plan amendments. If the Council chooses, they can forward the application to the Planning Commission for further review. Ms. Fox utilized a PowerPoint presentation outlining the requested changes and their associated application: Application #3: Community Bank at Unified Grocer Site Redesignate one lot from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI). The Sabey Corporation is requesting a change in the Comprehensive Plan and zoning on .64 acres from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI) at 10200 E. Marginal Way South. The property formerly occupied by Community Bank is now vacant, and it has been acquired by the Sabey Corporation. Tukwila City Council Regular Meeting Minutes March 21, 2011 Page 6 of 7 8 :50 p.m. Mayor Haggerton called for public comments. Shelley Kerslake, City Attorney, asked the following "Appearance of Fairness" questions of each of the 7 Councilmembers: 1. Do you have any interest in the subject property that is subject to the rezone (Commercial Bank at Unified Grocers Site)? 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, Ekberg, Robertson, Seal, Hougardy and Quinn answered "No" to all of the above questions. Councilmember Hernandez answered "No" to questions 1 and 2 and "Yes" to question number 3. She explained she received a telephone call about this issue, and she informed the caller that she could not speak with them about this issue. Mikel Hansen from the Sabey Corporation, 12201 Tukwila International Boulevard, distributed a color photo of the subject property relating to the Sabey Corporation's application. He explained that in 2007 the Sabey Corporation applied for a 32 -acre rezone for the Associated Grocers /United Grocers site within the City of Tukwila boundaries. In 2009, the City of Seattle also granted the Sabey Corporation's application for a rezone for the remaining 30 -acre site within Seattle's boundaries. The Sabey Corporation recently acquired the Commercial Bank site, and they are requesting the area be granted the same zoning as the other 62 acres. 8:57 p.m. Mayor Haggerton closed the Public Meeting. MOVED BY HERNANDEZ, SECONDED BY EKBERG TO APPROVE THE STAFF RECOMMENDATION TO FORWARD APPLICATION #3 FROM THE SABEY CORPORATION TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION. MOTION CARRIED 7 -0. c. Approve the proposed developer selection process as outlined in the March 10, 2011 informational memorandum from the March 14, 2011 Council agenda packet. MOVED BY HERNANDEZ, SECONDED BY SEAL TO APPROVE THE PROPOSED DEVELOPER SELECTION PROCESS AS OUTLINED IN THE MARCH 10, 2011 INFORMATIONAL MEMORANDUM FROM THE MARCH 14, 2011 COUNCIL AGENDA PACKET. MOTION CARRIED 7 -0. REPORTS a. Mayor Mayor Haggerton attended a meeting with Douglas King, the new Chief Executive Officer of the Museum of Flight, on March 16, 2011. He explained that on April 12, 2011 there will be an announcement relating to the award of the 4` Space Shuttle. On March 18, 2011 he attended the Drug Abuse Resistance Education (DARE) graduation at Foster High School. b. City Council Councilmember Duffie attended the Drug Abuse Resistance Education (DARE) graduation at Foster High School on March 18, 2011. Councilmember Hernandez attended the March 15, 2011 South County Area Transportation Board (SCATBd) meeting. The topics for discussion were the upcoming closure of Interstate 405 the first weekend in April and the Strategic Plan for Transportation. She asked the Council to let her know if they would like the transportation presentation to be placed on a future agenda. On March 17, 2011 she attended the Tukwila Historical Society meeting. Tukwila City Council Regular Meeting Minutes March 21, 2011 Page 7 of 7 Council President Ekberg invited the Council to join him at the Strike Out Against Hunger event at Acme Bowl on March 26, 2011. He explained there is space available in his lane for 3 more bowlers. Councilmember Seal reminded the Council of the Advanced Theater Program on March 23, 201.1 at 7:00 p.m. at the Foster Performing Arts Center. c. Staff Steve Lancaster, City Administrator, explained Kimberly Matej, Council Analyst, testified at the Senate Hearing earlier in the day on Senate House Bill 1854 relating to voting for Regional Fire Authorities. d. City Attorney There was no report. e. Intergovernmental The Council Analyst is not required to attend Regular Meetings. ADJOURNMENT 9:08 p.m. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Z iii ?erto n Melissa Hart, Deputy City Clerk APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR ON 04/18/2011 AVAILABLE ON THE CITY'S WEBSITE 04/19/2011