HomeMy WebLinkAbout2017-09-05 Regular MinutesTukwila City Council
City Hall Council Chambers
MINUTES
REGULAR MEETING
CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL
Regular Meeting
September 5, 2017 — 7:00 P.M.
Mayor Ekberg called the Regular Meeting of the Tukwila City Council to order at 7:02 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,
Dennis Robertson, Kathy Hougardy, De'Sean Quinn, Kate Kruller, Thomas McLeod.
MOVED BY DUFFIE, SECONDED BY MCLEOD TO EXCUSE COUNCILMEMBER SEAL FROM THE
MEETING. MOTION CARRIED 6-0.
CITY OFFICIALS
Allan Ekberg, Mayor; David Cline, City Administrator; Kendra Comeau, Assistant City Attorney; Jay
Wittwer, Fire Chief; Nora Gierloff, Community Development Deputy Director; Lynn Miranda, Community
Development Senior Planner; Peggy McCarthy, Finance Director; Vicky Carlsen, Deputy Finance
Director; Robert Eaton, Parks and Recreation Manager; Laurel Humphrey, Council Analyst;
Christy O'Flaherty, City Clerk; Andy Youn, Deputy City Clerk.
APPOINTMENTS
a. Arts Commission
Trisha Gilmore, Arts Commissioner, introduced Mr. Humkey and Ms. Rollins to the City Council.
1. Confirm the appointment of Daniel Humkey to Position #3 on the Arts Commission, with a term
expiring 12/31/2020.
MOVED BY QUINN, SECONDED BY KRULLER TO CONFIRM THE APPOINTMENT OF DANIEL
HUMKEY TO POSITION #3 ON THE ARTS COMMISSION, WITH A TERM EXPIRING 12/31/2020.*
Mr. Humkey has been involved in the Arts Commission, formerly as a student, and wants to continue
creating a bond between high school students and the arts.
*MOTION CARRIED 6-0.
2. Confirm the appointment of Yuriko Rollins to the student representative position on the Arts
Commission, with a term expiring 6/30/2019.
MOVED BY KRULLER, SECONDED BY QUINN TO CONFIRM THE APPOINTMENT OF YURIKO
ROLLINS TO THE STUDENT REPRESENTATIVE POSITION ON THE ARTS COMMISSION, WITH A
TERM EXPIRING 6/30/2019.*
Ms. Rollins is the student representative on the Arts Commission and relayed that she loves art and
music and is pleased to have this leadership opportunity.
*MOTION CARRIED 6-0.
Tukwila City Council Regular Meeting Minutes
September 5, 2017 Page 2 of 8
b. Equity and Social Justice Commission
1. Confirm the appointment of Jonathon Joseph to Position #2 on the Equity and Social Justice
Commission, with a term expiring 12/31/2017.
MOVED BY MCLEOD, SECONDED BY QUINN TO CONFIRM THE APPOINTMENT OF JONATHON
JOSEPH TO POSITION #2 ON THE EQUITY AND SOCIAL JUSTICE COMMISSION, WITH A TERM
EXPIRING 12/31/2017. MOTION CARRIED 6-0.
2. Confirm the appointment of Nora Gierloff to Position #4 on the Equity and Social Justice Commission,
with a term expiring 12/31/2018.
MOVED BY ROBERTSON, SECONDED BY DUFFIE TO CONFIRM THE APPOINTMENT OF NORA
GIERLOFF TO POSITION #4 ON THE EQUITY AND SOCIAL JUSTICE COMMISSION, WITH A TERM
EXPIRING 12/31/2018.*
Nora Gierloff, Tukwila Department of Community Development Deputy Director, expressed her
excitement to work with the City in a new way.
*MOTION CARRIED 6-0.
3. Confirm the appointment of Karl Henry to Position #6 on the Equity and Social Justice Commission,
with a term expiring 12/31/2018.
MOVED BY HOUGARDY, SECONDED BY QUINN TO CONFIRM THE APPOINTMENT OF KARL
HENRY TO POSITION #6 ON THE EQUITY AND SOCIAL JUSTICE COMMISSION, WITH A TERM
EXPIRING 12/31/2018. MOTION CARRIED 6-0.
4. Confirm the appointment of Roy Busch to Position #7 on the Equity and Social Justice Commission,
with a term expiring 12/31/2017.
MOVED BY DUFFIE, SECONDED BY KRULLER TO CONFIRM THE APPOINTMENT OF ROY BUSCH
TO POSITION #7 ON THE EQUITY AND SOCIAL JUSTICE COMMISSION, WITH A TERM EXPIRING
12/31/2017. MOTION CARRIED 6-0.
c. Park Commission
1. Confirm the appointment of Scott Kruize to Position #6 on the Park Commission, with a term expiring
12/31/2019.
MOVED BY QUINN, SECONDED BY KRULLER TO CONFIRM THE APPOINTMENT OF SCOTT
KRUIZE TO POSITION #6 ON THE PARK COMMISSION, WITH A TERM EXPIRING 12/31/2019.*
Robert Eaton, Parks and Recreation Manager, said Mr. Kruize has served on the commission in the past
and then participated by giving input as a citizen. His contributions have been very valuable, and he is a
welcome addition to the Commission.
Mr. Kruize said he has an ideological viewpoint that all citizens should be able to safely enjoy Tukwila
parks and that they be preserved for future generations.
*MOTION CARRIED 6-0.
The Councilmembers thanked all of those confirmed this evening for their service to the community.
Tukwila City Council Regular Meeting Minutes
September 5, 2017 Page 3 of 8
PUBLIC COMMENTS
Jeremy Tyndall, 15625 42nd Avenue South, said he is very concerned about the lack of oversight
regarding the 42nd Avenue South construction project. He feels there is a lack of oversight and
dysfunction within the Public Works Department. Approximately a month ago, the water was shut off on a
day involving record high temperatures, and on another occasion the water was shut off for over 5 hours
with no notice. Mr. Tyndall said he contacted the Mayor's Office, City Administrator's Office, and Public
Works Department, and it was only after Councilmember Kruller's involvement and media attention that
changes began to occur. He relayed that today, there was pounding harder than any earthquake he has
experienced. His home was shaking and items were falling off the walls. Mr. Tyndall said the Public
Works Director made commitments to contact him, send follow-up information to residents, and post
updates to the website, where the most recent website posting is from March 2016. The communication
to the residents is not occurring. He is asking the Council to (1) investigate communication regarding the
42nd Avenue South Project and (2) investigate the Mayor's Office and Public Works Department as to why
they fail to respond to residents.
The Councilmembers asked clarifying questions of Mr. Tyndall and relayed that this topic can be
reviewed in the Transportation and Infrastructure Committee.
Mayor Ekberg said that David Cline, City Administrator, would look into this matter in the morning.
Dennis Martinez, 4660 South 160th, referenced the Apprenticeship Pathways to Construction Careers
diversity event at Foster High School on September 21, 2017 from 6:00 p.m. -8:00 p.m. This is being
sponsored by union organizations, the City of Tukwila, King County, PCL Construction, and Walsh
Construction. There is a shortage of construction workers, and this is an opportunity for Tukwila residents
to become informed about the trades industry. He encouraged people to attend and determine if this
pathway is right for them. He referenced former Mayor Steve Mullet as an example of a man of
construction, who became extremely successful and a recognized leader in the region. Mr. Martinez
expressed that he would like to see a skilled learning center named after Steve Mullet as part of the
Tukwila Village Development.
CONSENT AGENDA
a. Approval of Minutes: 8/21/17 (Regular)
b. Approval of Vouchers #375684-375781; #170700, #170803- 70806 in the amount of $1,468,510.24
MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE CONSENT AGENDA BE APPROVED
AS SUBMITTED. MOTION CARRIED 6-0.
PUBLIC HEARING
Ordinance No. 2543, passed July 17, 2017, adopted a 6 -month moratorium within the Tukwila
International Boulevard (TIB) study area in the City of Tukwila on the development of certain uses
such as hotels, motels, extended -stay facilities, or auto -oriented uses and set the date of
September 5, 2017 for a public hearing to take public testimony and consider adopting further
findings.
7:27 p.m. Mayor Ekberg opened the Public Hearing and called for a staff report.
Lynn Miranda, Senior Planner, provided an overview of this topic.
The City Council is required to conduct a public hearing for the emergency moratorium Ordinance
No. 2543 that was adopted on July 17, 2017. The moratorium prevents the development of new hotels,
motels, extended stay facilities or auto -oriented commercial uses in the TIB study area for 6 months (to
mid-January 2018). Examples include, but are not limited to, gas stations, battery, tire, and engine body
repair shops, vehicular sales or rentals, and commercial parking. This moratorium applies to new
businesses, not existing ones, and only in the NCC (Neighborhood Commercial Center) and RC
(Regional Commercial) districts of the study area. Currently, there are no permit applications pending for
these uses.
Tukwila City Council Regular Meeting Minutes
September 5, 2017 Page 4 of 8
The City began the update of the TIB sub -area plan with the TIB Rising/Congress for New Urbanism
(CNU) community workshop. That workshop resulted in a CNU final report with recommendations for
revisions to permitted uses, building placement and heights, and a future cross-section for TIB. Those
preliminary recommendations are being analyzed and incorporated into draft public review documents.
The purpose of the moratorium is to prevent establishment of new uses that could potentially become
non -conforming or inconsistent with the adopted goals and policies for the TIB area. Implementation of
community goals and policies for the TIB study area started with the three-day community workshop in
February 2017 as noted above. Recommendations were presented to the City Council on May 1, 2017.
Studies of how to incorporate the recommendations for the roadway and zoning code are underway with
a Planning Commission workshop forthcoming. The work plan for the study area is attached to the
moratorium ordinance. There is also a potential for delayed or foregone development and loss of
resulting fees and taxes. Staff anticipates finishing its analysis, public review, and drafting
implementation measures that will go to the Planning Commission and then the City Council for adoption
by the end of this year.
The Council is being asked to make a motion to affirm the findings of fact adopted in Ordinance No. 2543
that adopted the 6 -month moratorium after the public hearing this evening.
7:31 p.m. Mayor Ekberg called for public comments.
Jeremy Tyndall, 15625 42nd Avenue South, inquired as to what this means for people trying to sell
property. Ms. Miranda relayed that the moratorium is only relevant to new properties.
Mr. Tyndall asked whether an existing use such as a gas station could remain a gas station, and Ms.
Miranda responded in the affirmative.
7:32 p.m. Mayor Ekberg closed the Public Hearing.
UNFINISHED BUSINESS
a. Affirm the findings of fact adopted in Ordinance No. 2543 that adopted a 6 -month moratorium on the
development of certain uses such as hotels, motels, extended -stay facilities, or auto -oriented uses.
MOVED BY KRULLER, SECONDED BY QUINN TO AFFIRM THE FINDINGS OF FACT ADOPTED IN
ORDINANCE NO. 2543 THAT ADOPTED A 6 -MONTH MORATORIUM ON THE DEVELOPMENT OF
CERTAIN USES SUCH AS HOTELS, MOTELS, EXTENDED -STAY FACILITIES, OR AUTO -ORIENTED
USES.*
Councilmember Kruller said this a reasonable and prudent pause to formulate what the look of Tukwila
International Boulevard needs to be. It will also help future buyers of land and builders of business to
avoid making a decision that could end up being non-compliant.
*MOTION CARRIED 6-0.
b. Business license fees:
1. An ordinance amending various ordinances as codified in Tukwila Municipal Code Chapter 5.04,
"Licenses Generally," to replace "FTE" with "Employee" in relation to the business license fee structure
and to eliminate reference to a "combined" business license fee.
MOVED BY HOUGARDY, SECONDED BY QUINN THAT THE PROPOSED ORDINANCE BE READ BY
TITLE ONLY. MOTION CARRIED 6-0.
Tukwila City Council Regular Meeting Minutes
September 5, 2017 Page 5 of 8
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 CHAPTER 5.04,
"LICENSES GENERALLY," TO REPLACE "FTE" WITH "EMPLOYEE"
IN RELATION TO THE BUSINESS LICENSE FEE STRUCTURE AND
TO ELIMINATE REFERENCE TO A "COMBINED" BUSINESS
LICENSE FEE; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS
READ.*
Vicky Carisen, Deputy Finance Director, said the ordinance changes the language from a 2 -part fee
structure to a 1 -part fee structure.
*MOTION CARRIED 6-0, TO ADOPT ORDINANCE NUMBER 2544.
2. A resolution repealing Resolution No. 1875 and adopting a revised business license fee schedule.
MOVED BY HOUGARDY, SECONDED BY ROBERTSON THAT THE PROPOSED RESOLUTION BE
READ BY TITLE ONLY. MOTION CARRIED 6-0.
Christy O'Flaherty, City Clerk, read the proposed resolution by title only.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING RESOLUTION NO. 1875 AND
ADOPTING A REVISED BUSINESS LICENSE FEE SCHEDULE.
MOVED BY HOUGARDY, SECONDED BY ROBERTSON THAT THE PROPOSED RESOLUTION BE
ADOPTED AS READ.*
MOVED BY MCLEOD, SECONDED BY DUFFIE TO DISCUSS CHANGING THE PART-TIME FEE BY
REDUCING IT FROM $50 TO $35 PER PART-TIME EMPLOYEE. MOTION CARRIED 6-0.
Councilmember McLeod explained his basis for the amendment is that the $50 fee was established
based on 30 hours per week and is not fully representative of the part-time workforce. Not every part-
time employee works 30 hours. Since this is a pilot program to gather workforce data and to streamline
with the State program, the City should have a more lateral movement rather than an increase in
business license fees.
The Councilrnembers asked questions of Finance staff and exchanged comments, with the following key
points:
• Per Finance staff, if the fee for part-time employees is $50, approximately $200,000 in added revenue
is projected. The reduction in revenue from $50 to $35, based on current information (which is not
complete), is projected to be approximately $154,000 for part-time employees and $17,000 for the
outside contractors.
• A primary purpose of this change is to gather more accurate employment data and streamline
processes based on the State system.
• The fee change was also intended to provide additional revenue to the General Fund. The
businesses in the City that bring a day -time population of 150,000+ to Tukwila require a great deal of
costly resources that the City must pay for. Loss of $200,000 to the General Fund, as well as
lessening sales tax revenues, will present serious challenges to the City.
• The $50 fee was based on data, and the businesses have not expressed negativity regarding the
proposed changes; it is always easier to lower fees than to raise them later.
Tukwila City Council Regular Meeting Minutes
September 5, 2017 Page 6 of 8
• If the City cannot afford to absorb the lack of revenue based on the $35 fee, perhaps there should be
cuts elsewhere in the budget.
Jeremy Tyndall, 15625 42nd Avenue South, inquired as to the revenue based on the change.
Vicky Carlsen, Deputy Finance Director, said the City is changing the way the fee is calculated to be
based on a head count.
Mr. Tyndall asked if we looked at what surrounding communities charge. Ms. Carlsen affirmed a
comparison was made, and due to the B&O (Business and Occupation) tax that many cities have in
place, there are not clear comparables. Tukwila is one of the lowest, with the City of SeaTac as the
lowest.
Mr. Tyndall recommended leaving it at $50, so the residents are not negatively impacted. From his
perspective, it seems the Council and City are much more concerned about the businesses than the
residential community.
MOVED BY MCLEOD, SECONDED BY KRULLER TO AMEND THE RESOLUTION TO CHANGE THE
FEE FROM $50 TO $35 FOR PART-TIME EMPLOYEES.**
ROLL CALL VOTE:
DUFFIE YES
ROBERTSON NO
HOUGARDY NO
QUINN YES
KRULLER YES
MCLEOD YES
**MOTION CARRIED 4-2 TO AMEND THE RESOLUTION.
*MOTION CARRIED 6-0, TO ADOPT RESOLUTION NUMBER 1913, AS AMENDED.
REPORTS
a. Mayor
The Mayor chose to forego his report due to the impending 60 -minute Executive Session.
b. City Council
Councilmember Hougardy reported that on August 24, 2017, she attended a Metro standardized fare roll-
out. Metro has standardized the bus fare to be $2.75 at all times. Additionally, they are looking at low
income fares that have not yet been determined. She also attended the ship canal tour that same
evening. She relayed that the ship canal is federally funded and is 100 years old and on the National
Historic Register. It carries more boat traffic than any other lock in the United States. The locks are in
need of repair and upgrade. If the locks failed while in the up position, Lake Washington could be
significantly lowered, which could be very problematic with 2 floating bridges that could be affected. It
was suggested that agencies advocate for federal funding to repair the locks.
Councilmember Quinn thanked the Mayor and Councilmembers for being available the first day of school.
It is important right now to show support and be present in the community.
Councilmernber Kruller rode on the busses on the first day of school. She reported that if there are those
looking for a part-time job, the School District is hiring for backup drivers. They will provide training such
that a CDL can be acquired, with pay starting at approximately $19.00 per hour at this time. She
reiterated the reminder provided under public comments regarding the Apprenticeship Fair at Foster High
School on September 21, 2017 from 6:00 p.m. -8:00 p.m. Additionally, she referenced the locks and
explained that federal regulations cause a tax on every port in the United States for dredging. However
our port does not need dredging, so our money goes to other ports every year. Ms. Kruller is on the NLC
(National League of Cities) Transportation and Infrastructure Services Committee and will be an advocate
for Washington state, with a goal of diverting funds that would be useful in our port area.
Tukwila City Council Regular Meeting Minutes
September 5, 2017 Page 7 of 8
Councilmernber McLeod reported on the Public Safety Committee meeting, relaying that Code
Enforcement legislation will be coming before the City Council next week that will help in dealing with
repeat offenders. Additionally, the Code Enforcement Office is now fully staffed and can begin working
on backlog.
Councilmember Duffie reported that he attended a Labor Fair at the Tukwila Community Center this past
week that was very well attended.
c. Staff
David Cline, City Administrator, referenced the City Administrator (CA) Report and Monthly Public Safety
Plan Update in the packet and offered to answer any questions.
Councilmember McLeod referenced the portion of the report that provided information on the 42nd Avenue
South project and asked if the reports could include the expected completion date of projects.
Mayor Ekberg said that information can be included in the future reports.
Councilmember Kruller referenced the portion of the report regarding upcoming CERT (Community
Emergency Response Team) training on September 30, 2017. Those who attend will experience high-
level training and gain a great skill set.
d. City Attorney
There was no report.
e. Council Analyst
There was no report.
EXECUTIVE SESSION - Potential Property Acquisition — Pursuant to RCW 42.30.110(1)(b) — 60 minutes
Mayor Ekberg announced the Council will now go into Executive Session to discuss:
Potential Property Acquisition — Pursuant to RCW 42.30.110(1)(b)
The discussion will last no more than 60 minutes, and no decisions will be made during the Executive
Session. No action will be required in the Open Meeting after the Executive Session has concluded.
8:31 p.m. Mayor Ekberg called for a brief recess to allow Council to go to the Hazelnut Conference
Room.
Executive Session Start: 8:39 p.m.
Attendees: Mayor Ekberg; David Cline, City Administrator; DJ Baxter, Shiels Obletz Johnsen; Justine
Kim, Shiels Obletz Johnsen; Matt Anderson, Heartland, LLC; Laurel Humphrey, Council Analyst;
Councilmembers Duffie, Robertson, Hougardy, Quinn, Kruller, and McLeod.
Executive Session End: 9:33 p.m.
9:35 p.m. Mayor Ekberg reconvened the Regular Meeting.
Tukwila City Council Regular Meeting Minutes
September 5, 2017 Page 8 of 8
ADJOURNMENT
9:35 p.m. UNANIMOUS CONSENSUS EXISTED TO ADJOURN THE REGULAR MEETING.
Allan Ekberg, Mayor
Christy O'Flaherty, Records Governanc
anager/City Clerk
APPROVED BY THE CITY COUNCIL: 9/18/17
AVAILABLE ON CITY WEBSITE: 9/19/17