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Home My WebLink About2011-05-02 Regular Minutes Tukwila City Council Regular Meeting City Hall Council Chambers May 2, 2011 7:00 P.M. MINUTES REGULAR MEETING EXECUTIVE SESSION Start: 6:00 p.m. Mayor Haggerton announced the purpose of the Executive Session is to discuss Pending Litigation Pursuant to RCW 42.30.110(1)(i). It will last no more than 60 minutes, and no decisions will be made during the Executive Session. Attendees: Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney; Jack Pace, Community Development Director; Brandon Miles, Senior Planner; Tukwila City Councilmembers Joe Duffie, Joan Hernandez, Allan Ekberg, Dennis Robertson, Verna Seal, Kathy Hougardy, De'Sean Quinn. 6:20 p.m. Brandon Miles left the Council Chambers. End: 6:36 p.m. CALL TO ORDER /PLEDGE OF ALLEGIANCE /ROLL CALL Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:05 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; Jack Pace, Community Development Director; Brandon Miles, Senior Planner; Mike Villa, Interim Police Chief; Nick Olivas, Fire Chief; Mary Miotke, IT Director; Christy O'Flaherty, City Clerk. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Allan Ekberg, Dennis Robertson, Verna Seal, Kathy Hougardy and De'Sean Quinn. SPECIAL PRESENTATIONS Fire Department Civilian Award Nick Olivas, Fire Chief, introduced Zak Kissire to the City Council. On October 1, 2010, Mr. Kissire intervened to save a woman whose car had flipped off the roadway and into water in an upside -down position. The woman's head was underwater, and she would most likely have died if Mr. Kissire had not managed to pull her from the submerged vehicle and begin CPR prior to the arrival of paramedics. Chief Olivas presented Mr. Kissire with the Tukwila Fire Department's Distinguished Public Service Award. The Councilmembers, Mayor and audience gave a standing ovation to Mr. Kissire for his heroic actions. CITIZEN COMMENTS There were no citizen comments. Tukwila City Council Regular Meeting Minutes May 2, 2011 Page 2 of 5 CONSENT AGENDA a. Approval of Minutes: 4/18/11 (Regular Mtg) b. Approval of Vouchers #357225 357369 and #110403-110405 in the amount of $2,144,376.21 MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. PUBLIC HEARINGS An ordinance amending various City ordinances to amend the definition of Diversion Facilities; expanding the zones where diversion facilities can locate; declaring an emergency; providing for severability; and declaring an emergency. 7:11 p.m. Mayor Haggerton opened the public hearing and called for a staff report. Brandon Miles, Senior Planner, provided an overview of this issue. He explained that crisis diversion facilities (CDF) and Crisis Diversion Interim Services (CDIS) facilities are becoming common in the mental health and drug dependency treatment field. Facilities are operating in Whatcom, Skagit, Yakima, Pierce and Thurston Counties. King County's facility will open in the summer in Seattle. The goal of diversion facilities is to reduce admissions to jails and emergency rooms due to mental health and /or chemical dependency. Law enforcement, mental health and chemical dependency professionals, first responders and hospitals would be able to refer individuals to the facility. A CDF is not a jail and is not a compelled facility. In September of 2009 the City enacted a moratorium in order to provide time to study these uses. The questions before the City are "What are these facilities and how would they fit within our Zoning Code On May 17, 2010, the City Council adopted Ordinance No. 2287, which provided a definition of diversion and diversion interim services facilities. The ordinance was necessary because the City's Zoning Code did not address the siting of such facilities within the City and did not provide predictability to a possible applicant. In January of 2011 the Growth Management Board invalidated Ordinance No. 2287 and remanded it back to the City for corrective action, specifically concerning the siting and accommodating of essential public facilities. Staff proposes that CDF and CDIS facilities be permitted as an unclassified use permit in all non residential zones south of Interstate 405, provided they are not within 1/3 of a mile from any existing malls. Mayor Haggerton called for public comments. Andrew Ciarrocchi is representing Westfield Southcenter Mall. In his view the Tukwila Urban Center is not the right place for a Crisis Diversion Facility (CDF), and 1/3 of a mile in proximity is too close to the Mall. The success of the clinical programs in a CDF requires a quiet, private location removed from commercial activities and crowds. Additionally, the Mall promotes a family friendly environment, and the potential for added crime is concerning. If the current language is adopted, a CDF could be located within 1/3 of a mile of the Mall, which is too close. 7:21 p.m. Mayor Haggerton closed the public hearing. Tukwila City Council Regular Meeting Minutes May 2, 2011 Page 3 of 5 UNFINISHED BUSINESS a. An ordinance amending various ordinances as codified in Tukwila Municipal Code Title 18 to modify the definition of diversion facilities and to expand the locations permitted for diversion facilities and diversion interim services facilities. MOVED BY DUFFIE, 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO MODIFY THE DEFINITION OF DIVERSION FACILITIES; TO EXPAND THE LOCATIONS PERMITTED FOR DIVERSION FACILITIES AND DIVERSION INTERIM SERVICES FACILITIES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. MOVED BY ROBERTSON, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ, AND STAFF IS DIRECTED TO RETURN AT A FUTURE DATE WITH PROPOSALS FOR LIMITING THE GEOGRAPHIC BOUNDARIES, AS REQUESTED BY THE PUBLIC HEARING SPEAKERS.* Councilmember Robertson indicated it is important that we take action, and also to take a look at the boundaries and determine if they should be adjusted. *MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2332, AND STAFF IS DIRECTED TO RETURN AT A FUTURE DATE WITH PROPOSALS FOR LIMITING THE GEOGRAPHIC BOUNDARIES, AS REQUESTED BY THE PUBLIC HEARING SPEAKERS. b. A resolution authorizing the transfer of funds for the purpose of making a loan or loans from the General Fund and /or other funds to the Arterial Street Fund for up to a 15 -month period. 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. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE TRANSFER OF FUNDS FOR THE PURPOSE OF MAKING A LOAN OR LOANS FROM THE GENERAL FUND AND /OR OTHER FUNDS TO THE ARTERIAL STREET FUND FOR UP TO A 15 -MONTH PERIOD OF TIME. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT RESOLUTION NUMBER 1739. c. A resolution expressing official intent to reimburse the City from the proceeds of bonds for certain original expenditures paid in connection with certain arterial street fund projects. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes May 2, 2011 Page 4 of 5 Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING OFFICIAL INTENT, PURSUANT TO TREASURY REGULATION SECTION 1.150 -2, TO REIMBURSE THE CITY FROM THE PROCEEDS OF BONDS FOR CERTAIN ORIGINAL EXPENDITURES PAID, IN CONNECTION WITH CERTAIN ARTERIAL STREET FUND PROJECTS; AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO MAKE DECLARATIONS OF OFFICIAL INTENT ON BEHALF OF THE CITY. Councilmember Hernandez requested that the words "local improvement district" be added in front of the word "bonds" in the first Whereas clause and in Section 1 of the resolution for greater clarity. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ, WITH THE ADDITION OF THE WORDS "LOCAL IMPROVEMENT DISTRICT" IN FRONT OF THE WORD "BONDS" IN THE FIRST WHEREAS CLAUSE AND IN SECTION 1. MOTION CARRIED 7 -0, TO ADOPT RESOLUTION NUMBER 1740, AS AMENDED. d. An ordinance to add "temporary business license" to the definitions and fee schedule, to revise appeal procedures, to redefine businesses exempt from fees, and to clarify the Revenue Generating Regulatory License fee. MOVED BY HOUGARDY, 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2315, §1 (PART), AS CODIFIED AT VARIOUS LOCATIONS IN TUKWILA MUNICIPAL CODE CHAPTER 5.04, TO ADD "TEMPORARY BUSINESS LICENSE" TO THE DEFINITIONS AND FEE SCHEDULE, TO REVISE APPEAL PROCEDURES AND TO REDEFINE BUSINESSES EXEMPT FROM FEES; AMENDING ORDINANCE NO. 2297, §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 5.62.020, TO CLARIFY THE CITY'S REVENUE GENERATING REGULATORY LICENSE FEE FOR A PERSON OPERATING MULTIPLE BUSINESSES AS SOLE PROPRIETORSHIPS AND FOR BUSINESSES ELIGIBLE FOR A TEMPORARY BUSINESS LICENSE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HOUGARDY, SECONDED BY EKBERG THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2333. NEW BUSINESS MOVED BY SEAL, SECONDED BY QUINN TO AUTHORIZE THE MAYOR TO ENTER INTO A SETTLEMENT AGREEMENT IN THE MATTER OF DUANE WELLS, ET AL VERSUS CITY OF TUKWILA, CAUSE NUMBER 09 -2- 38319 -7 KNT IN THE AMOUNT OF $57,500.00 AND AUTHORIZE THE MAYOR TO ENTER INTO NEGOTIATIONS WITH PLANTIFFS FOR A DEVELOPMENT AGREEMENT. MOTION CARRIED 7 -0. REPORTS a. Mayor Mayor Haggerton attended the retirement event for David Haynes, Police Chief, on April 29, 2011 and announced that Mike Villa is the Interim Police Chief. On April 28, 2011, the Mayor attended the Planning Commission Meeting where outgoing commissioners Lynn Peterson and Bill Arthur were recognized for their service to the commission. On May 1, 2011, Mayor Haggerton attended the Celebration of Life Tukwila City Council Regular Meeting Minutes May 2, 2011 Page 5 of 5 service for Bev Willison, who was a 20 -year employee of the City of Tukwila. Her positive contributions had a great impact on the City employees, and she will be dearly missed. b. City Council Councilmember Duffie attended the retirement event for Chief Haynes on April 29, 2011. Councilmember Hernandez attended the April 30, 2011 opening of the Russell Bradley Memorial Gallery at the Tukwila Heritage and Cultural Center. Mr. Bradley had been a Tukwila Arts Commissioner for 12 years. She also attended the May 1, 2011 Celebration of Life service for Bev Willison. Ms. Hernandez acknowledged Kimberly Matej, Council Analyst, for her contributions and efforts toward the family of Ms. Willison during this time. Council President Ekberg relayed that Kimberly Matej, Council Analyst, was recognized for her exemplary service on Administrative Support Professionals Day on April 27, 2011. Councilmember Seal attended the King County LEOFF1 Board meeting this past week. Councilmember Hougardy attended the April 30, 2011 opening of the Russell Bradley Memorial Gallery at the Tukwila Heritage and Cultural Center. Councilmember Quinn attended the retirement event for Chief Haynes on April 29, 2011 and the May 1, 2011 Celebration of Life service for Bev Willison. He also acknowledged Kimberly Matej, Council Analyst, for her assistance to Ms. Willison and her family during this time. c. Staff There was no report. d. City Attorney There was no report. e. Intergovernmental The Council Analyst is not required to attend Regular Meetings. MISCELLANEOUS Councilmember Hernandez indicated that the Seattle Southside Visitors' Service (SSVS) Center shuttle transported 2,124 riders from SeaTac hotels to the Westfield Mall between March 1 and March 31, 2011. ADJOURNMENT 7:39 p.m. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Ji ggerton, Christy O'Flaherty,City Clerk APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR: 5/16/2011 AVAILABLE ON CITY WEBSITE: 5/1712011