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Home My WebLink AboutReg 2011-07-18 COMPLETE AGENDA PACKET Tukwila City Council Agenda REGULAR MEETING Jim Haggerton, Mayor Councilmembers: -.*-Joe Duffie -.*-Joan Hernandez Steve Lancaster, City Administrator Dennis Robertson Verna Seal Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn EXECUTIVE SESSION 6:00 PM 7:00 PM Pending Litigation Pursuant to RCW 42.30.110(1)(i) (60 minutes) Monday, July 18, 2011; 7:00 PM Ord #2337 Res #1745 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Heart Health: ten Murdock, American Heart Association PRESENTATIONS b. Global to Local Project update: Adam Taylor, Director for Global to Local Project, and Dan Dixon, Vice President of External Relations for Swedish Hospital 3. APPOINTMENTS a. Equity and Diversity Commission: Pg. 1 1. Confirm the reappointment of Joan Hernandez to Position #3 on the Equity and Diversity Commission, with a term expiring 07/31/2013. 2. Confirm the reappointment of Kathleen Gantz to Position #4 on the Equity and Diversity Commission, with a term expiring 07/31/2013. 3. Confirm the reappointment of Aaron Draganov to Position #8 on the Equity and Diversity Commission, with a term expiring 07/31/2013. b. Sister Cities Committee: 1. Confirm the appointment of Domenic Baker to Position #3 on the Sister Cities Committee, with a term expiring 12/31/2014. 2. Confirm the reappointment of Patricia Timm to Position #4 on the Sister Cities Committee, with a term expiring 12/31/2014. 4. CITIZEN At this time, you are invited to comment on items notincludedon this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listedon this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT a. Approval of Minutes: 7/5/11 (RegularMtg.) AGENDA b. Approval of Vouchers. 6. BID AWARD Authorize the Mayor to award a contract to Green River Construction, Inc. for Pg.9 the 2010 -2011 Small Drainage Program in the amount of $788,005.50. 7. UNFINISHED a. Authorize the Mayor to sign an agreement with KBA, Inc. for Howard Pg.11 BUSINESS Hanson Dam Flood Response /Tukwila Levee Repairs and Maintenance in the amount of $298,000.00. b. Authorize the Mayor to sign an Interlocal Agreement for Police Investigative Pg.13 Assistance for the SCORE jail facility. (continued...) blank REGULAR MEETING Monday, July 18, 2011 Page 2 7. UNFINISHED c. An ordinance reenacting Tukwila Municipal Code Chapter 2.57, "Emergency Pg.15 BUSINESS Management," to update definitions and regulations and clarify roles and (continued) responsibilities. d. An ordinance accepting a 1997 Ford Expedition as a donation from the Pg.27 Valley Regional Fire Authority for use by the Tukwila Fire Explorer Program. e. Comprehensive Plan Amendments (Quasi-judicial): Pg.31 (Reference C. O, W, packet from 7/11/11) (1) An ordinance amending the Comprehensive Land Use Map for certain Pg.33 real property located in the vicinity of 3800 South 115 Street from Manufacturing Industrial Center /Light (MIC /L) to Low Density Residential (LDR). (Duwamish Hill Preserve) (2) An ordinance amending the Zoning Map for certain real property Pg.37 located in the vicinity of 3800 South 115 Street from Manufacturing Industrial Center /Light (MIC /L) to Low Density Residential (LDR). (Duwamish Hill Preserve) (3) An ordinance amending the Comprehensive Land Use Map for certain Pg.41 real property located at 10200 East Marginal Way South from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI). (Sabey /Community Bank) (4) An ordinance amending the Zoning Map for certain real property Pg.49 located at 10200 East Marginal Way South from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI). (Sabey /Community Bank) 8. NEW BUSINESS 9. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 10. MISCELLANEOUS 11. EXECUTIVE SESSION 12. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or tukclerk @tukwilawa.gov). This notice is available at www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS r Initials ITEMNO. Meetin Date Pre ared b M or' eu Co,e cil review 07/18/11 Co I I I I I .ITEM INFORMATION (CAS NUMBFIR: 11 -074 (STAFF SPONSOR: MAYOR HAGGERTON ORIGIN. DATE: 7/11/11 AGF?NDA ITF'Ni P Reappointments to Equity Diversity Commission: Joan Hernandez, Kathleen Gantz, Aaron Draganov New appointments to Sister Cities Committee: Domenic Baker, Patricia Timm C \TEGOIRY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 7118111 Mtg Dote Mtg Date Mtg Date 1Yltg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&'R Police PW SPONSOR'S Reappointment of Joan Hernandez to Position 3; Kathleen Gantz to Position #4; and SUMMARY Aaron Draganov to Position 8 of the Equity and Diversity commission, terms to expire July 31, 2013. Appointment of Domenic Baker (Position 3) and Patricia Timm (Position 4) to the Sister Cities Committee, terms to expire December 31, 2014. Ri ?N'II?WI;I) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: N/A COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR /ADMIN. Confirm Appointments COMMITTEE N/A COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 7/18/11 I I MTG. DATE I ATTACHMENTS 7/18/11 I Informational Memorandum from Mayor dated 6/27/11 I I I I 1 2 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: CITY COUNCIL ate/ FROM: Mayor Haggerton DATE: June 27, 2011 SUBJECT: Re- Appointments to Equity and Diversity Commission Appointments to Sister Cities Committee ISSUE There are several individuals on our Equity and Diversity Commission whose terms will expire soon. We would also like to recommend appointment of two new members to the Sister Cities Committee. Equity and Diversitv Commission: Position No. 1 is currently held by Joan Hernandez, representing the City Council. Since she is resigning from her position on City Council at the end of the year, she would like to be reappointed to a community position on the Equity and Diversity Commission. This will leave Position No. 1 vacant and available for any interested Council member. Joan's new term will expire July 31, 2013. Position No. 2, currently held by Kathleen Gantz. Her term will expire on July 31, 2011 and I am recommending her reappointment. Her new term will expire July 31, 2013. Position No. 8, currently held by Aaron Draganov. His term will expire on July 31, 2011 and I am recommending his reappointment. His new term will expire July 31, 2013. Sister Cities Commission Position 3. This position has been vacant since December 31, 2010. 1 am recommending that this position be filled by Domenic Baker. (application attached). Her term would expire December 31, 2014. Position 4. This position has been vacant since December 31, 2010. 1 am recommending that this position be filled by Patricia Timm. (application attached). Her term would expire December 31, 2014. If you have any questions regarding these applications or appointments, please let me know by noon on Friday, July 1, 2011. RECOMMENDATION Forward to the July 18, 2011 Regular Meeting. 3 4 RECEIVED City of Tukwila VOLUNTEER PROGRAM Tukwila Community Center 1242442 d Avenue South Tukwila, WA 98168 Phone: (206) 768 -2822 Fax: (206) 768 -0524 Email: volunteer(aci.tukwila.wa.us Website: www.ci.tukwila.wa.us Application for Appointment BOARDS AND COMMISSIONS Please complete the ENTIRE application form. Applicants may attach a cover letter and /or a resume totaling no more than three pages. DATE: 4 Q Z-N 0 0 NAME: `l2 Try (F tAk �9 Last First M. 1. ADDRESS: 1 7 1 e 5 1 +0F. S_ T�t- �-LJPc A `Ba�9Lof; Street City Zip MAILING ADDRESS (if different): s�►� e' HOME PHONE: 7-OU 7-t46-1 O°L4 CELL/MOBILE PHONE: bL, EMPLOYER: E- MAIL `°o LA- mcalc.l-#LLAVIAKi Please check all that apply to you within the City of Tukwila limits: X1. Resident Business Owner /Representative School District Representative High School Student I wish to be considered for appointment to the following board or commission (check all that apply): COMMISSIONS: BOARDS COMMITTEES: Arts Community Police Advisory Civil Service Human Services Equity Diversity Library Parks K Sister Cities Planning Lodging Tax HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? Yes 9 No If "yes please list: AVAILABLE TO ATTEND MEETINGS: Daytime El Evenings Please contact me regarding other City of Tukwila volunteer opportunities (check box): TOR Et CITY USE ONLY INTERVlE1N DATE APPOINTED ❑Yes No TERM EXPIRES s 5 Professional /Community Activities (organizations, clubs, service groups, etc): p c n., o 4 C -t V e L (c,. P c�� A-i'c i y a J-c z h Hobbies /interests: J C' Qualifications as related to this position: If kl— ft`r��2G� &eRU h!c c-rT��C.4�P�.�� f r-. ®ti p L� Other comments /additional information for consideration: IN I Applica nature Date Note Upon.submissibn all information on this form becomes public record Eorfurtherclarificatron cegardrngahis apphcat�on or more informafion regarding the boards or'.commisslons please call the Volunteer Program Offi ce "at (206) 768 2.822 J City of Tukwila Volunteer Program Application for Appointment Boards Commissions Page 2 6 City of Tukwila RECEIVED VOLUNTEER PROGRAM Tukwila Community Center 1242442 nd Avenue South Tukwila, WA 98168 Phone: (206) 768 -2822 Fax: (206) 768 -0524 Email: volunteer(d)ci,tukwila.wa.us Website: www.ci.tukwila.wa.us Application for Appointment BOARDS AND COMMISSIONS Please complete the ENTIRE application form. Applicants may attach a cover letter and /or a resume totaling no more than three pages. DATE k J 1 NAME: m �tGr�. 14 Last First M. 1. ADDRESS: �iq 3 J ��c�11� �/yE Street City Zip MAILING ADDRESS (if different): &Z SO PHONE:,X(e ;2qj S`�a�J CELL/MOBILE PHONE: ;J& 6 I SO EMPLOYER t ZWf 1 S�/ A4tA -MAIL: h7 t/4YY1M ::Z(� C C;{►�i��CSTI '��7� Please check all that apply to you within the City of Tukwila limits: Resident Business Owner /Representative School District Representative High School Student I wish to be considered for appointment to the following board or commission (check an that apply): COMMISSIONS: BOARDS COMMITTEES: Arts Community Police Advisory Civil Service Human Services Equity Diversity Library Parks )?P Sister Cities Planning Lodging Tax HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? YesXNo If "yes please list: AVAILABLE TO ATTEND MEETINGS: Daytime P"' Evenings Please contact me regarding other City of Tukwila volunteer opportunities (check box): FOR CITY USE ONLY fNTERVIEW DATE APPOINTED ❑Yes No TERM EXPIRES: 7 Professional /Community Activities (organizations, clubs, service groups etc): o 2 GYJ l 'dfJ 2 aoo s a cs cam. Hobbies /Interests; Ao? Qualifications as related to this position: S Other comments /additional information for consideration: P Ap Signature Date Note:: Uponsubmission; ail information on this.fo�m 6ecoines.pub(ic recor °F..o further clarification regarding jhis application,or more information regarding: the board §;or commis §ions please call fhe Volunteer Program Off c6 at (206) 768.2822 City of Tukwila Volunteer Program Application for Appointment Boards Commissions Pa 2 COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by May t�w Councl review f,, 07/11/11 I BG I 07/18/11 I BG ITEM INFORMATION CAS NUMBER: 11 070 I STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 7/11/11 AGENDA ITEM TITLE Bid Award for 2010/2011 Small Drainage Program CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other Mtg Date 07/11/11 Mtg Date Mtg Date Mtg Date Mtg Date 07118111 Mtg Date Mtg Date I SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW SPONSOR'S The 2010/2011 Small Drainage Program includes 2010 projects that were delayed due to SUMMARY permitting issues with 2011 projects. The 2010/2011 Small Drainage Program was advertised for bid on June 8 and 15, 2011. Four bids were opened June 22, 2011 with the low bid of $788,005.50 from Green River Construction, Inc. Green River Construction has successfully worked for the City in the past and their bid is within budget. Council is being asked to award the bid for $788,005.50. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 6/28/11 COMMITTEE CHAIR: DE'SEAN QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $788,005.50 $1,344,000.00 $0.00 Fund Source: 412 SURFACE WATER FUND (PAGE 144 145 2011 CIP) Comments: I MTG. DATE I RECORD OF COUNCIL ACTION 07/11/11 F orward to next Rea iilar Meetina 07/18/11 MTG. DATE 1 ATTACHMENTS 07/11/11 Informational Memorandum dated 6/24/11 Project Location Map Bid Tabulation Minutes from the Utilities Committee meeting of 06/28/11 07/18/11 No Attachments 9 10 COUNCIL AGENDA SYNOPSIS Initials ITEMNO. a3 Meeting Date Prepared by r iem Cgca ci reView 0 07/11/11 I BG 07/18/11 I BG ITEM INFORMATION CAS NUN4BI_R: 11-071 I STAFF SPONSOR: BOB GIBERSON ORIGINAL AG ENDA DAT1 7/11/11 Acf ?NDA I'rl :tvi TITLE. Howard Hanson Dam Flood Response /Tukwila Levee Repairs Maintenance Design Construction Management Consultant Services C.k'n:GORY Discussion Motion Resolution Ordinance BidAavard PublicHearind Other 11Itg Date 07111111 Mtg Date 07118111 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HK DCD ❑Finance Fire IT El P&R Police PIV SPONSOR'S This contract is for design and construction management services for the removal of the SUNInt�RY Supersacks and Hesco barriers required by the Howard Hanson Dam Flood Response project. Three consultant firms were short- listed from the Consultant Works Roster and KBA, Inc. was chosen as the most qualified. Council is being asked to approve the contract with KBA in the amount of $298,000.00. RrVIF\V1 "D BY ❑COW Mtg. F CA &P Cmte F1 F &S Cmte ❑Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 6/28/11 COMMITTEE CHAIR: DE'SEAN QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPIiNDr1'URE R1QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $298,000.00 $400,000.00 $0.00 Fund Source: 303 GENERAL IMPROVEMENTS (PAGE 81, 2011 CIP) Comments: MTG.DATEJ RECORD OF COUNCIL ACTION 07/11/11 Forward to next Regular Meeting 07/18/11 J MTG. DATE J ATTACHMENTS 07/11/11 Informational Memorandum dated 6/24/11 Consultant Selection Sheet Page 81, 2011 CIP Consultant Agreement with KBA, Inc. Minutes from the Utilities Committee meeting of 06/28/11 07/18/11 No attachments 11 12 COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by Meview Carus il.reviezv 07/11/11 I MV I I c�, 07/18/11 I MV I I I s ITEM 'INFORMATION I CAS NUMBER: 11 -069 1 STAFF SPONSOR: C HIEF VILLA IORIGINALAGENDADATE: 7 /11/11 Ac; IsNDA I'rEM TITLE SCORE Investigative Assistance Agreement CATLGORY Discussion Motion Resolution Ordinance Bid Award ❑Public Hearing Other Mtg Date 7/11/11 Mtg Date 7118111 Mtg Date Mtg Date Mtg Date 1Altg Date Mtg Date I SPONSOR Council Mayor Adm Svcs DCD Finance Fire ❑Legal ❑PAR ®Police PIV SPONSOR'S Tukwila is an owner city of the South Correctional Entity (SCORE). We would like to enter SUMMARY into an agreement with SCORE, along with the other owner cities, to investigate criminal or significant activity pursuant to the authority of the Washington Mutual Aid Peace Officers Powers Act. Rl?VIP,WSD BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/06/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT [FUND SOURCE EXPENDITURh. REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RE CORD `.OF.`COUNCIL'ACTION 07/11/11 Forward to next Reqular Meeting I MTG. DATE :ATTACHMENTS 07/11/11 Informational Memorandum dated 06/28/11 Copy of the Investigative Assistance Agreement Minutes from the Finance and Safety Committee Meeting 07/06/11 07/18/11 No attachments 13 14 COUNCIL AGENDA SYNOPSIS Initials ITEMNO. 5 Meetusg Date Prepared by I Ma '.r .uieur Coiuu "l review 07/11/11 MG 07/18/11 I MG I ITEM INFORMATION I CAS NU NIB I"R: 11-072 STAFF SPONSOR: MARTIN F. GRISHAM IORIGINAi,AGENDA DA1'I 07/11/11 AGF,NIM h1 r,N[ TITI_r, Emergency Management Ordinance update. CxTI GOItY Discussion Motion Resolution Ordinance ]BidAzvarel Public Hearing ❑Other Mtg Date 07/11/11 Mtg Date Mt lltg Date 07/18/11 A4tg Date Nltg Date Alt Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PIY/ SPONSOR'S Ordinance No. 2198 was adopted in 2008. An update is necessary to improve definitions, Sl'�fI�I;U2Y to add duties of the Mayor including the authority to appoint the Director, and to change the title of "Emergency Management Coordinator" to "Emergency Manager." Clarification was also provided regarding the duties of the Director of Emergency Management. Rl,�'IL,W13D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Conan. DATE: 07/11/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Approve Updated Ordinance CoNIMITME Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EYPENDITui LE RE QUIRBD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 Fund Source: Conunents: MTG. DATE j RECORD OF COUNCIL ACTION 7/11/11 Forward to next Regular Meetin I I MTG. DATE I ATTACHMENTS 7/11/11 I Informational Memorandum dated 6/8/11 Draft Ordinance Ordinance No. 2198 FEMA Glossary Minutes from the Finance and Safety Committee Meeting of 7/6/11 7/18/11 Ordinance in final form 15 16 Cl of T Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2198 AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.57, REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.57 "EMERGENCY MANAGEMENT," TO UPDATE DEFINITIONS AND REGULATIONS AND CLARIFY ROLES AND RESPONSIBILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila recognizes the importance of providing for the preparation, implementation and updating of emergency management plans to protect the health, safety and welfare of persons and property within the City in the event of an emergency; and WHEREAS, Tukwila Municipal Code (TMC) Section 2.57.070.13.1 calls for a review and update of the City's Comprehensive Emergency Management Plan for needed improvements or revisions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 2.57 Reenacted. TMC Chapter 2.57 is hereby reenacted to read as follows: CHAPTER 2.57 EMERGENCY MANAGEMENT Sections: 2.57.010 Purpose 2.57.020 Definitions 2.57.030 Emergency Powers of the Mayor 2.57.040 City Council Duties 2.57.050 Emergency Management Council— Membership 2.57.060 Emergency Management Council's Powers and Duties 2.57.070 Director's Powers and Duties 2.57.080 Emergency Manager W: Word Processing \Ordinances \Emergency Mgmt amended final 7 -12 -11 MG:bjs Page 1 of 9 17 2.57.090 Emergency Management Organization 2.57.100 Departments, Divisions, Services, and Staff 2.57.110 Mutual Aid Agreements 2.57.120 Punishment of Violations 2.57.130 No Private Liability 2.57.010 Purpose. Recognizing the existing and future possibility of emergencies in the City and surrounding regions, the declared purposes of this chapter are: 1. to insure that preparations of the City will be adequate to deal with emergencies; 2. to protect the public peace, health and safety and to preserve the lives and property of the people of the City; 3. to provide for emergency management of the City; 4. to confer upon the Mayor and others emergency powers and authority; and 5. to declare that all emergency management functions of the City be coordinated to the maximum extent with other governmental entities, tribal nations, and private entities to provide the most effective preparation and use of City staff, resources and facilities to deal with any emergency situation that may occur. 2.57.020 Definitions. As used in this chapter, these terms shall be defined as follows: 1. "Emergency' Any incident, whether natural or man -made, that requires responsive action to protect life and property. An emergency can also mean any occasion or instance for which assistance is needed to supplement our local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the City. 2. "Emergency Management'— The preparation for and the carrying out of all emergency functions to mitigate, prepare for, respond to, and recover from emergencies, and to aid victims suffering from injury or damage resulting from emergencies caused by all hazards, whether natural, technological or human caused, and to provide support for search and rescue operations for persons and property in distress. 3. "Emergency Worker' Any person registered with the City's Emergency Management Organization under the provision of TMC Section 2.57.090, or any member of the military, and who holds an identification issued by said organizations, for the purpose of engaging in authorized emergency management activities, or any W: Word Processing \Ordinances \Emergency Mgmt amended final 7 -12 -11 18 MG:bjs Page 2 of 9 employee of the City or any subdivision of the City who is called upon to perform emergency management activities. 4. "Hazardous Materials" Materials which, because of their chemical, physical, or biological nature, pose a potential risk to life, health, environment, or property when released. 5. "Incident Command System" (ICS) A standardized on -scene emergency management construct specifically designed to provide an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, designed to aid in the management of resources during incidents. It is used for all kinds of emergencies and is applicable to small as well as large and complex incidents. ICS is used by various jurisdictions and functional agencies, both public and private, to organize field -level incident management operations. 6. "Mitigation" Activities providing a critical foundation in the effort to reduce the loss of life and property from natural and /or manmade emergencies by avoiding or lessening the impact of an emergency and providing value to the public by creating safer communities. Mitigation seeks to fix the cycle of damage as a result of an emergency, reconstruction, and repeated damage. These activities or actions, in most cases, will have a long -term, sustained effect. 7. "Preparedness" A continuous cycle of planning, organizing, training, equipping, exercising, evaluating, and taking corrective action in an effort to ensure effective coordination during incident response. Within the National Incident Management System, preparedness focuses on the following elements: planning, procedures and protocols, training and exercises, personnel qualification and certification, and equipment certification. 8. "Recovery' The development, coordination, and execution of service- and site restoration plans; the reconstitution of government operations and services; individual, private- sector, nongovernmental, and public assistance programs to provide housing and to promote restoration; long -term care and treatment of affected persons; additional measures for social, political, environmental, and economic restoration; evaluation of the incident to identify lessons learned; post- incident reporting; and development of initiatives to mitigate the effects of future incidents. 9. "Response" Activities that address the short -term, direct effects of an incident. Response includes immediate actions to save lives, protect property, and meet basic human needs. Response also includes the execution of emergency operations plans and of mitigation activities designed to limit the loss of life, personal injury, property damage, and other unfavorable outcomes. As indicated by the situation, response activities include applying intelligence and other information to lessen the effects or consequences of an incident; increased security operations; continuing W: Word Processing \Ordinances \Emergency Mgmt amended final 7 -12 -11 MG:bjs Page 3 of 9 19 investigations into nature and source of the threat; ongoing public health and agricultural surveillance and testing processes; immunizations, isolation, or quarantine; and specific law enforcement operations aimed at preempting, interdicting, or disrupting illegal activity, and apprehending actual perpetrators and bringing them to justice. 2.57.030 Emergency Powers of the Mayor. In the event of a proclamation of emergency as herein provided, or upon a proclamation of state of emergency by the Governor, the Mayor is hereby empowered to: 1. Proclaim a State of Emergency for the City when necessary. 2. Make, and issue rules and regulations on all matters reasonably related to the protection of life or property as affected by such emergency; provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the City Council. 3. Request that the County Executive or other chief executive or legislative officer of the county request a proclamation of a state of emergency when, in the opinion of the Mayor, the resources of the area or region are inadequate to cope with the emergency. 4. Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property of the people and to bind the City of Tukwila for the fair value thereof, and, if required immediately, to commandeer the same for public use. 5. Waive and dispense with public bidding requirements of RCW 35.23.352 on an emergency basis as necessary. 6. Control and direct the efforts of the emergency management organization of the City of Tukwila for the accomplishment of the purposes of this chapter. 7. Requisition necessary personnel or material of any City department or agency. 8. Execute all the special powers conferred upon the Mayor by this chapter, by any other statute, agreement, or lawful authority, as necessary. 9. Establish continuity of government and ensure proper succession of authority (TMC Section 2.04.070 (8). 2.57.040 City Council Duties. It shall be the duty of the City Council, consistent with the provisions set forth in TMC Section 2.57.060, to: W: Word Processing \Ordinances \Emergency Mgmt amended final 7 -12 -11 20 MG:bjs Page 4 of 9 1. Give input and consent to the Mayor regarding appointments made pursuant to TMC Section 2.57.050. 2. Consider adoption of or ratify emergency management mutual aid plans and agreements, and such ordinances, resolutions, rules and regulations as necessary to implement such plans and agreements as are referred to them by the Emergency Management Council, pursuant to TMC 2.57.060, provided the same or parts thereof are not inconsistent with this chapter. 3. Approve or ratify, at the earliest possible time after their issuance, rules and regulations related to the protection of life, environment and property that are affected by an emergency, such rules and regulations having been made and issued by the Emergency Management Director pursuant to TMC Section 2.57.070, provided the same or parts thereof are not inconsistent with this chapter. 4. Distribute, pursuant to resolution, the functions and duties of the City's Emergency Management Organization among the departments, divisions, services and special staff referred to in TMC Section 2.57.100. 2.57.050 Emergency Management Council— Membership. The Emergency Management Council shall consist of the following: 1. The Mayor, who shall be chairperson. 2. The Director of Emergency Management, who shall be vice chairperson. 3. City Administrator, all City department heads and the Emergency Manager. 4. Such City employees and other citizens with technical expertise in related areas as may be appointed by the Mayor, with the input and consent of the City Council. 2.57.060 Emergency Management Council's Powers and Duties. The Emergency Management Council shall have the following powers and duties consistent with the purposes of this chapter: 1. Advise the Mayor and the Director of Emergency Management in all matters pertaining to City emergency management, and appoint such ad hoc committees, subcommittees and working groups as are required to develop specific recommendations for the improvement of emergency management practices, standards, policies or procedures. 2. Ensure the Mayor and City Council receive an annual assessment of Citywide emergency preparedness, including but not limited to, specific progress on hazard mitigation and reduction efforts, implementation of seismic safety improvements, reduction of flood hazards and coordination of hazardous materials planning and response activities. W: Word Processing \Ordinances \Emergency Mgmt amended final 7 -12 -11 MG:bjs Page 5 of 9 21 3. Review administrative rules governing City emergency management practices and recommend necessary revisions to the Director of Emergency Management. 4. Meet regularly, as called by the chairperson or, in his /her absence from the City or inability to call such meeting, the vice chairperson. 2.57.070 Director's Powers and Duties A. The Mayor, pursuant to RCW 38.52.070 (1), appoints the Director of Emergency Management "Director In the absence of the Director, the Mayor shall appoint a temporary Director until the Director returns or a replacement is found. B. The Director shall have the following powers and duties consistent with the purposes of this chapter: 1. Responsible for the organization, administration, and operation of emergency management in the City, subject to the direction and control of the Mayor. 2. Oversee implementation of, and annual updates to, the City's Comprehensive Emergency Management Plan "the Plan consistent with the requirements specified in Chapter 38.52 RCW, and coordinated with other state and county plans and programs; ensure compliance with the National Incident Management System and ensure operation and maintenance of the City's Incident Command System; coordinate with the Emergency Management Council to conduct at least one tabletop exercise annually and one full -scale exercise every 3 to 5 years to maintain proficiency in the use of the Plan. 3. Coordinate efforts of the Emergency Management Organization of the City for the accomplishment of the purposes of this chapter. 4. Coordinate efforts between departments, divisions, services, and staff of the Emergency Management Organization of the City, and resolve questions of authority and responsibility that may arise between them. 5. Represent the Emergency Management Organization of the City in dealings with public or private agencies pertaining to emergency management and response to emergencies. 6. Coordinate the ongoing development and evaluation of emergency plans concerning the application of mitigation strategies and preparation, response, and recovery mechanisms, and include such in the City's emergency management activities with various federal, state, tribal, and local governments, non governmental organizations (NGOs), and the private sector; conduct and evaluate testing of emergency plans; and preside over and guide interdepartmental emergency management planning committees that may be created by the Emergency Management Council. W: Word Processing \Ordinances \Emergency Mgmt amended final 7 -12 -11 22 MG:bjs Page 6 of 9 7. Coordinate development and presentation of rules and regulations to the Emergency Management Council that will assist in efforts to reasonably protect life, environment, and property during an emergency. 8. Prepare for the Mayor's signature any proclamation of local emergency and, upon approval, submit it to federal, state, regional, and local agencies, as required. This proclamation authorizes the City to take necessary measures to combat an emergency; protect persons, environment and property; provide emergency assistance to victims of the emergency; and exercise powers authorized in RCW 38.52.070. These include, but are not limited to, rationing; curfew; and waiver of requirements pertaining to budget law limitations, competitive bidding processes, publication of notices, provisions to the performance of public work, entering into contracts, incurring obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditure of public funds. Such proclamation must be confirmed and ratified by the City Council, as soon as is reasonably practical, and provided the purposes of any such proclamation are consistent with the purposes of this chapter. 9. As required by state law and upon approval by the Mayor and the City Council, submit all plans and programs for State review and certification. 10. Coordinate the services and resources of volunteers, provided that volunteers so directed shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by state law and federal and state emergency management regulations for registered emergency workers. 11. Execute all the special powers conferred by this chapter or by resolution adopted pursuant thereto, and all powers conferred by statute, by agreement approved by the Emergency Management Council, or by any other lawful authority. 2.57.080 Emergency Manager. The Emergency Manager (EM) is a full -time position that reports to the Director of Emergency Management. As part of the position's responsibilities, the EM will ensure the Comprehensive Emergency Management Plan and its supporting procedures are reviewed and updated annually; an education and training program is developed and implemented in emergency management tasks for City employees, residents and businesses; and periodic training and exercises are conducted pursuant to TMC Section 2.57.070. 2.57.090 Emergency Management Organization. All officers and employees of the City, together with those citizens enrolled to aid them during an emergency, and all groups, organizations and persons who may, by agreement or operation of law, including persons pressed into service under the provisions of TMC Section 2.57.070 who shall be charged with duties incident to the protection of life, environment and property in the City during such emergency, shall constitute the Emergency Management Organization of the City. W: Word Processing \Ordinances \Emergency Mgmt amended final 7 -12 -11 MG:bjs Page 7 of 9 23 2.57.100 Departments, Divisions, Services, and Staff. The functions and duties of the City's Emergency Management Organization shall be distributed among such departments, divisions, services and special staff as the Director of Emergency Management shall direct. 2.57.110 Mutual Aid Agreements. The Mayor shall have the power to sign, on behalf of the City and the Emergency Management Council, mutual aid agreements with other governmental entities, tribal nations and non governmental entities that have been approved by the City Council. All previous mutual aid agreements that have been signed by the Mayor are hereby confirmed and ratified, provided the same or parts thereof are not inconsistent with this chapter. 2.57.120 Punishment of Violations. It is a misdemeanor punishable as provided in TMC Section 1.08.010 for any person, during an emergency, to: 1. Willfully obstruct, hinder, or delay any member of the Emergency Management Organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed by virtue of this chapter. 2. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter. 3. Wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Management. 4. In any manner loot or carry off any items of value not belonging to the person charged during an emergency or its aftermath. 2.57.130 No Private Liability. No individual, firm, association, corporation or other party, or their successors in interest, or the agents or employees of any of them, owning, maintaining or controlling any building or premises, who voluntarily and without compensation grants to the City a license or privilege or otherwise permits the City to inspect, designate and use the whole or any part or parts of the building or premises for the purpose of sheltering persons, property and /or animals during an actual or impending emergency, or during full -scale exercise or any other training event, shall be subject to legal liability for damage to property or injury or death to any persons or animals while in or upon the building or premises for the purposes expressed above. All legal liability for damage to property or injury or death to persons or animals caused by acts done, or attempted, under color of this chapter and a bona fide attempt to comply therewith, other than acts done in bad faith, gross negligence, or willful misconduct, shall be the obligation of the W: Word Processing \Ordinances \Emergency Mgmt amended final 7 -12 -11 24 MG:bjs Page 8 of 9 State of Washington. The City is immune from liability under this chapter to the fullest extent allowed by law. Section 2. Repealer. Ordinance No. 2198 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: Word Processing \Ordinances \Emergency Mgmt amended final 7 -12 -11 MG:bjs Page 9 of 9 25 26 Co uNuL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by Mayes view Couna? review 07/11/11 I NJO 07/18/11 I N]O I I I I ITEM INFORMATION CAS NUMBER: 11 -073 I STAFF SPONSOR: NICK OLIVAS ORIGINAL AGENDA DATIL: 07/11/11 AGr?NDA IrrM TITLE Vehicle Donation To The Fire Department Explorer Program CxI'13GORy Discussion Motion Resolution Ordinance BidAavard Public Hearing ❑Other Mt Date 07/11/11 Mtg Date Mtg Date Mtg Date 07/18/11 Mtg Date Mtg Date Mtg Date (SPONSOR Council Mayor HR DCD Finance Fire IT P&'R Police PW SPONSOR'S The Valley Regional Fire Authority has donated a 1997 Fore Expedition to the Tukwila SUMMARY Explorer Post. This vehicle will be used primarily to transport explorers to and from meetings and events. R?VIF'WED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/06/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Accept the donation of the Expedition COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1642 oil change and fuel annually) $0 $0 Fund Source: FIRE 000 -11- 522 200 -45 -95 Comments: I MTG. DATE I RECORD OF COUNCIL ACTION 07/11/11 Forward to next Reqular Meeting MTG. DATE I ATTACHMENTS 07/11/11 Informational Memorandum dated 6/29/11 Draft Ordinance. 07/18/11 1 QrdinaM in final form 27 28 C 0 1 i� Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ACCEPTING A 1997 FORD EXPEDITION AS A DONATION FROM THE VALLEY REGIONAL FIRE AUTHORITY FOR USE BY THE TUKWILA FIRE EXPLORER PROGRAM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Valley Regional Fire Authority wishes to donate a 1997 Ford Expedition to the City of Tukwila for use in the operation of the Fire Explorer Program; and WHEREAS, the vehicle will be used to respond to and support the regional fire and police agencies in emergency and disaster response; and WHEREAS, the Tukwila Fire Explorer program responded to 67 emergency incidents in 2010; and WHEREAS, the Tukwila Fire Explorers put in over 1,000 community service hours in 2010; and WHEREAS, the Tukwila Fire Explorer program budget does not support the purchase of a vehicle; and WHEREAS, Tukwila Fire Chief Nick Olivas supports and recommends acceptance of the 1997 Ford Expedition; and WHEREAS, in accordance with RCW 35.21.100, cities are allowed, by ordinance, to accept money and property donations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Donation Accepted. The City of Tukwila hereby accepts the generous donation of a 1997 Ford Expedition from the Valley Regional Fire Authority for use in the Tukwila Fire Explorer program. W: \Word Processing \Ordinances \Donation -1997 Ford Expedition NO:bjs 5/6/11 Page 1 of 2 29 Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: \Word Processing \Ordinances \Donation -1997 Ford Expedition 30 NO:bjs 5/6/11 Page 2 of 2 COUNCIL AGENDA SYNOPSIS y Initials ITEM NO. x Meeting Date Prepared by MayBr�viesa Coutr revieaY t I 07/11/11 I RF 07/18/11 I RF I I I I I ITEM INFORMATION CAS NUMBER: 11 STAFF SPONSOR: REBECCA Fox IORIGINALAGFNDADATE: 7/11/11 AGI?NDA IT TITLE Comprehensive Plan Amendments for 2011 Public Hearing CATFIGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other [bltg Date 07111111 Mtg Date Mtg Date Mtg Date 07118111 Mtg Date Mt Date 7/11111 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Pir/ SPONSOR'S Tukwila considers amending its Comprehensive Plan /Zoning map once per year, with a SUMMARY review process involving the City Council and Planning Commission. A public hearing will be held on two map changes that have been reviewed and recommended by the Planning Commission. Following the hearing, the City Council will be asked to discuss and take action to approve, modify or reject the recommendations. This is a quasi judicial matter, which is why it did not come before the Community Affairs and Parks Committee. R1?vIEW11) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE N/A COSTIMPACT'/ FUND SOURCE EYPI,;NDITURI3 R)QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD.OF:;COUNCIL�ACTION 07/11/11 Forwa to next Rea_ular Meeting MTG. DATE -..'ATTACHMENTS,-; 07/11/11 Informational Memorandum dated 7/5/11 Attachments A, B Maps Attachments C, D Planning Commission Minutes Attachment E Excerpt from MIC Issues and Opportunities Report Attachments F, G Draft Ordinances for Duwamish Hill Preserve Attachment H Planning Commission Staff Report Attachments I, 7 Draft Ordinances for Sabey /Community Bank 07/18/11 4 Ordinances in final form, with attachments 31 32 BFI gww Cl Tu11ICWi Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED IN THE VICINITY OF 3800 SOUTH 115TH STREET, TUKWILA, WASHINGTON, KNOWN AS DUWAMISH HILL PRESERVE, FROM MANUFACTURING INDUSTRIAL CENTERILIGHT (MIC /L) TO LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR SEVERAEILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, on April 14, 2011, the Department of Community Development held a public workshop and open house regarding proposed changes to the Comprehensive Land Use Plan and Map and Zoning Map in the Manufacturing /Industrial Center; and WHEREAS, the Department of Community Development prepared and circulated an "Issues and Opportunities Report" including an evaluation of Manufacturing Industrial Center (MIC) boundaries with analysis and recommendations; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on April 28, 2011, the Comprehensive Plan map change was determined to have no significant environmental impact; and WHEREAS, on April 28, 2011, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of a change to the Comprehensive Land Use Map designation as stated in the "Issues and Opportunities Report"; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the Tukwila community and City of Tukwila have invested considerable time, effort and resources in establishing a park use at the site; and W: Word Processing \Ordinances \Duwamish Hill Preserve -Land Use Map amended 6 -27 -11 RF:bjs Page 1 of 2 33 WHEREAS, the existing Duwamish Hill Preserve park use will benefit the community with long -term opportunities for recreational and cultural activity, with fewer potential negative impacts than industrial activity; and WHEREAS, on July 11, 2011, the City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Planning Commission recommendation, and has determined the public interest will be best served by approving the application to amend the Comprehensive Land Use Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Re- designation Approved. The property located in the vicinity of 3800 South 115th Street, Tukwila, Washington, known as Duwamish Hill Preserve (Tax Parcel #1023049057), and as described in Exhibit 1, is hereby approved to be re- designated from Manufacturing Industrial Center /Light (MIC /L) to Low Density Residential (LDR), with Public Recreation Overlay, as shown on Exhibit 2. Section 2. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show this change in designation. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachments: Exhibit 1 Legal Description Exhibit 2 Comprehensive Plan Map W: Word Processing \Ordinances \Duwamish Hill Preserve -Land Use Map amended 6 -27 -11 34 RF:bjs Page 2 of 2 Exhibit 1- Legal Description LOT 2 OF TUKWILA SHORT PLAT #L03 -065 REC #20040122900002 SD SP DAF POR OF GL'S 1 2 OF SD SEC LYING W OF C. D. HILLMAN'S MEADOW GARDENS ADD DIV #3 LYING E OF SEATTLE CITY LIGHT R/W C/L OF WCH DAF BAAP ON RGT BANK OF DUWAMISH RIVER WCH BEARS S 55 -05 -30 E 1324 FT FR NW COR OF SD SEC TH N 4 -41 W 274 FT TAP TH TO LEFT WITH A 2 CRV 9 -38 OF CRV 482 FT TO NXN WITH N LN OF SD SEC SD PT BEING 986 FT FR NW COR OF SD SEC TERM OF SD RAN C/L LESS POR CONDEMNED SUP COURT #469557 DAF BAAP NXN OF N LN OF SD SEC W ELY MGN SEATTLE CITY LIGHT RAN TH ELY ALG SD N LN 802.75 FT TH S 6.10 FT TH WLY ALG A STRAIGHT LN 788.36 FT TO PT OF NXN WITH ELY MGN OF SD SEATTLE CITY LIGHT R/W TH NLY ALG ELY MGN 78.08 FT TO POB LESS POR GL 2 DAF COMM AT SW COR OF LOT 1 BLK 20 OF CD HILLMAN'S MEADOW GARDENS ADD DIV #3 TH N ALG W LN OF SD LOT 1 100 FT TH N 86-15 W 100 FT TH S TO S LN OF GL 2 TH E TAP S OF POB TH N TO POB LESS W 3 FT THOF ABUTTING ELY MGN OF SEATTLE CITY LIGHT RAN LESS RD W: Word Processing \Ordinances \Duwamish Hill Preserve -Land Use Map Exhibit 1 RF:bjs Page 1 of 1 35 z z El I y va El El cl fir W 3 l i -gyp" r a ,w ar i (1) (3)0 r7 E O U O C N C) U L L Cl' of Tukwi Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING MAP FOR CERTAIN REAL PROPERTY LOCATED IN THE VICINITY OF 3800 SOUTH 115TH STREET, TUKWILA, WASHINGTON, KNOWN AS DUWAMISH HILL PRESERVE, TUKWILA, WASHINGTON, FROM MANUFACTURING INDUSTRIAL CENTER/LIGHT (MIC /L) TO LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long -term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, on April 14, 2011, the Department of Community Development held a public workshop and open house regarding proposed changes to the Comprehensive Land Use Plan and Map and Zoning Map in the Manufacturing /Industrial Center; and WHEREAS, the Department of Community Development prepared and circulated an "Issues and Opportunities Report" including an evaluation of Manufacturing Industrial Center (MIC) boundaries with analysis and recommendations; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on April 28, 2011, the Zoning Map change was determined to have no significant environmental impact; and WHEREAS, on April 28, 2011, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of a change to the Zoning Map designation as stated in the "Issues and Opportunities Report"; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the Tukwila community and City of Tukwila have invested considerable time, effort and resources in establishing a park use at the site; and W: Word Processing \Ordinances \Duwamish Hill Preserve- Zoning Map amended 6 -27 -11 RF:bjs Page 1 of 2 37 WHEREAS, the existing Duwamish Hill Preserve park use will benefit the community with long -term opportunities for recreational and cultural activity, with fewer potential negative impacts than industrial activity; and WHEREAS, on July 11, 2011, the City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Planning Commission recommendation, and has determined the public interest will be best served by approving the application to amend the Zoning Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Re- designation Approved. The property located in the vicinity of 3800 South 115th Street, Tukwila, Washington, known as Duwamish Hill Preserve (Tax Parcel #1023049057), and as described in Exhibit 1, is hereby approved to be re -zoned from Manufacturing Industrial Center /Light (MIC /L) to Low Density Residential (LDR), with Public Recreation Overlay, as shown on Exhibit 2. Section 2. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Zoning Map to show this change in designation. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachments: Exhibit 1 Legal Description Exhibit 2 Zoning Map W: Word Processing \Ordinances \Duwamish Hill Preserve- Zoning Map amended 6 -27 -11 38 RF:bjs Page 2 of 2 Exhibit 1 Legal Description LOT 2 OF TUKWILA SHORT PLAT #L03 -065 REC #20040122900002 SD SP DAF POR OF GUS 1 2 OF SD SEC LYING W OF C. D. HILLMAN'S MEADOW GARDENS ADD DIV #3 LYING E OF SEATTLE CITY LIGHT R/W C/L OF WCH DAF BAAP ON RGT BANK OF DUWAMISH RIVER WCH BEARS S 55 -05 -30 E 1324 FT FR NW COR OF SD SEC TH N 4 -41 W 274 FT TAP TH TO LEFT WITH A 2 CRV 9 -38 OF CRV 482 FT TO NXN WITH N LN OF SD SEC SD PT BEING 986 FT FR NW COR OF SD SEC TERM OF SD R/W C/L LESS POR CONDEMNED SUP COURT #469557 DAF BAAP NXN OF N LN OF SD SEC W ELY MGN SEATTLE CITY LIGHT R/W TH ELY ALG SD N LN 802.75 FT TH S 6.10 FT TH WLY ALG A STRAIGHT LN 788.36 FT TO PT OF NXN WITH ELY MGN OF SD SEATTLE CITY LIGHT R/W TH NLY ALG ELY MGN 78.08 FT TO POB LESS POR GL 2 DAF COMM AT SW COR OF LOT 1 BLK 20 OF CD HILLMAN'S MEADOW GARDENS ADD DIV #3 TH N ALG W LN OF SD LOT 1 100 FT TH N 86-15 W 100 FT TH S TO S LN OF GL 2 TH E TAP S OF POB TH N TO POB LESS W 3 FT THOF ABUTTING ELY MGN OF SEATTLE CITY LIGHT RAN LESS RD W: Word Processing \Ordinances \Duwamish Hill Preserve- Zoning Map Exhibit 1 RF:bjs Page 1 of 1 39 S jjii� 5 '�I� 4 1 M r l �K X e 5 f ut 1 1'�.y El am Y. g NQ RE OV ,3 F i j x o n al W o F Ln o ..e Ci of u 1 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 10200 EAST MARGINAL WAY SOUTH, TUKWILA, WASHINGTON, FROM MANUFACTURING INDUSTRIAL CENTER/HEAVY (MIC /H) TO LIGHT INDUSTRIAL (LI); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals, and these policies may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, on March 21, 2011, the Tukwila City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map and Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on April 28, 2011 the Comprehensive Plan map change was determined to have no significant environmental impact; and WHEREAS, on June 23, 2011, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of a change to the Comprehensive Land Use Map designation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, light industrial and commercial land uses and development are appropriate activities immediately adjacent to the Manufacturing Industrial Center and King County International Airport; and WHEREAS, light industrial and commercial development will benefit Tukwila's long- term economy; and WHEREAS, on July 11, 2011, the City Council received testimony at a public hearing; and W: Word Processing \Ordinances \Sabey Community Bank -Land Use Map amended 6 -27 -11 RF:bjs Page 1 of 2 41 WHEREAS, after due consideration, the City Council concurs with the Planning Commission recommendation and Findings and Conclusions as outlined in the staff report, and has determined the public interest will be best served by approving the application to amend the Comprehensive Land Use Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the staff report, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Re- designation Approved. The property located at 10200 East Marginal Way South, Tukwila, Washington (Tax Parcel 042304 9184), and as described in Exhibit 2, is hereby approved to be re- designated from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI) as shown on Exhibit 3. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Comprehensive Land Use Map to show this change in designation. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof.shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachments: Exhibit 1 Planning Commission Findings and Conclusions Exhibit 2 Legal Description Exhibit 3 Comprehensive Plan Map W: Word Processing \Ordinances \Sabey Community Bank -Land Use Map amended 6 -27 -11 RF:bjs Page 2 of 2 42 Exhibit 1 File L11- 001 COMPREHENSIVE PLAN AMENDMENT, COMPREHENSIVE PLAN CRITERIA: 1) Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for it? Four broad reaching objectives are the basis for the elements, goals and policies for Tukwila's Comprehensive Plan. The Plan's third priority objective recognizes the importance of industrial uses to the community as follows: Objective 3. "To redevelop and reinvigorate the industrial uses along East Marginal Way Comprehensive Plan policies balance support for the Manufacturing /Industrial Center and industrial uses with Tukwila's overall goals for continued economic development and well -being as follows: Goal 11.1 (Manufacturing/Industrial Center); Support for existing industrial activities in the Manufacturing /Industrial Center and development of industrial activity in order to maximize the employment and economic benefits to the people of Tukwila and the region, while minimizing impacts on residential neighborhoods. The MIC zones are intended primarily for industrial uses or activities that support these uses. Policies protect the land resource, allowing it to be used effectively to generate its potential of high -wage jobs and public revenue as follows: Policy 11.1.5: Allow uses that are commonly associated with manufacturing and industry, including those directly supporting such activity, such as offices and laboratories, while prohibiting unrelated uses. Allowing a broader range of uses, including light industrial and commercial, that can be developed under the Light Industrial zoning generally supports a varied and healthy economy for Tukwila as follows: Goal 2.1 Continuing enhancement of the community's economic well -being 2) Impacts The requested map change would remove approximately .64 acres from Tukwila's Manufacturing /Industrial Center —Heavy (MIC /H) and transfer them to the Light Industrial (LI) designation/zone. This action would allow a broader range of non manufacturing uses, and would still permit light industrial uses such as warehouse storage or wholesale distribution facilities. Land available for the heaviest industrial uses would be reduced. Prior to the applicant's acquisition of the property, it was the site of Community Bank, an office /service use. rf 1 07/06/2011 Z: \DCD n Clerk's \Rebecca \Completed ordinances \Sabey-- Comp.Plan Exhibit l.docx 43 Recent updates to the MIC element of the Comprehensive Plan reaffirmed the importance of the MIC as a center for industrial land, and recommended that light rail and commuter rail stops locate in the vicinity of Boeing Access Road, approximately a block south of the subject site. When the adjacent 32 acre rezone from MIC /H to LI was approved in 2007, the City of Tukwila considered the potential impacts that redevelopment of the entire 32 acres could have on existing and future land use and development in the Manufacturing /Industrial Center (M/IC). It was found that traffic impacts could be addressed through improvements to signals, and could be funded through traffic mitigation and concurrency fees (Mirai, 2007). Impacts to industrial lands would be slight, since most of the adjacent uses are already either light industrial or warehouse (EcoNorthwest, 2007) Any pressure for conversion of adjacent lands from industrial to commercial is more likely a function of regional land prices and employment trends, than specific activity at the project site. 3) Is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? Redevelopment of the subject property if zoned LI and included in a larger project could provide a range of additional employment and commercial opportunities, depending on the mixture of uses such as office, hotel, light industry and retail use that locate in the project. It is not known what specific development will occur in the Tukwila and Seattle portions of the development. Other options for meeting the public need for employment opportunities and tax revenue, include: retaining the current MIC /H designation, and to allow the property to redevelop with uses that are more industrial in nature, or; retaining the current MIC /H designation, and allowing anew office tenant to occupy the existing structure. 4) Will the proposed change result in a net benefit to the community? If not, what result can be expected and why? The map change from MIC /H to LI is being considered primarily as the completion of the 32 acre 2007 rezone, rather than as an entirely new issue or as part of the 2011 MIC update. By approving the earlier rezone, the City Council indicated that the LI designation was appropriate for the general location. Designating the property as LI expands its redevelopment options to become part of a future large project under a single owner, and away from the heaviest industrial use that is permitted exclusively in the MIC /H. LI allows supportive commercial and light industrial uses, and would provide a transition to commercial development that either already exists or is planned farther to the south. If the property were rezoned as LI and did not redevelop as part of a planned future project, a range of light industrial uses would be permitted, or an office use could be reestablished. rf 2 07/06/2011 Z: \DCD n Clerk's \Rebecca \Completed ordinances \Sabey-- Comp.Plan-- Exhibit Ldocx 44 Redesignating and rezoning the site to Light Industrial (LI) makes it easier for the property to be included with a fixture redevelopment project in a large site at the north- easten boundary of Tukwila. Any new construction will meet current standards, including landscaping and frontage improvements. CONCLUSIONS In reviewing Comprehensive Plan criteria, staff concludes that: 1. Comprehensive Plan: The proposed change is consistent with the Comprehensive Plan goal for continued enhancement of the community's economic well- being. Although the map change would remove .64 acres from the MIC /H zone, the rezone has the potential to contribute to the revitalization of E. Marginal South industrial activity by providing desired amenities for area workers through future redevelopment. 2. Impacts: The map change is not likely to impact the long -run viability of industrial uses in Tukwila, given market forces and the way that the MIC /H zone is defined and implemented. Traffic impacts will be addressed by impact and concurrency fees. Project specific impacts will be addressed at the time of redevelopment. 3. Public Need: LI zoning facilitates the site's redevelopment with adjacent properties to provide additional revenue and employment generating activities. 4. Communitv Benefit: Redesignating and rezoning the site to Light Industrial (LI) presents the opportunity for its inclusion with a redevelopment project in a large site at a visible location. Any new construction will meet current standards, including landscaping and frontage improvements. rf 3 07/06/2011 Z: \DCD n Clerk's \Rebecca \Completed ordinances \Sabey-- Comp.Plan Exhibit I.docx 45 Exhibit 2 Legal Description PORTION OF GOV LOT 8 TGW PORTION OF TIMOTHY GROW D C NO 44 IN NE 1/4 OF SECTION 04 -23 -04 BEGIN INTERSECTION OF S LINE OF TIMOTHY GROW DONATION CLAIM WITH E LINE OF GOV LOT 8 TH S 00 -23 -12 W 137.23 FT TH N 89 -58 -12 W TO A POINT BEARING S 89 -58 -12 E 168 FT FROM ELY MARGIN OF E MARGINAL WAY SOUTH AND POB TH N 23 -39 -16 W 181.29 FT TH N 89 -50 -45 W 168 FT TO SAID ELY MARGIN TH S 23 -39 -16 E ALONG SAID ELY MARGIN TO A POINT BEARING N 89 -58 -12 W FROM POB TH S 89 -58 -12 E 168 FT TO POINT OF BEGINNING W: Word Processing \Ordinances \Sabey Community Bank -Land Use Map Exhibit 2 46 RF:bjs Page 1 of 1 Exhibit 3 TU ILA SEATTLE MIC/H i Ll i City of Tukwila Comp Plan Amendment L11 -001 Rezone L11 -002 Project Pile PL11 -001 Subject Property Q Zoning �'GL =Tukwila City Limits `S�� 1" =200' 47 48 •fib C Washing ®n Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING MAP FOR CERTAIN REAL PROPERTY LOCATED AT 10200 E. MARGINAL WAY SOUTH, TUKWILA, WASHINGTON, FROM MANUFACTURING INDUSTRIAL CENTER /HEAVY (MIC /H) TO LIGHT INDUSTRIAL (LI); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long -term community goals, and since these documents may be reviewed and updated as appropriate; and WHEREAS, on March 21, 2011, the Tukwila City Council held a public meeting regarding proposed changes to the Comprehensive Land Use Plan and Map and Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on April 28, 2011 the Zoning Map change was determined to have no significant environmental impact; and WHEREAS, on June 23, 2011, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, recommended approval of a change to the Zoning Map designation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, light industrial and commercial land uses and development are appropriate activities immediately adjacent to the Manufacturing Industrial Center and King County International Airport; and WHEREAS, light industrial and commercial development will benefit Tukwila's long- term economy; and WHEREAS, on July 11, 2011, the City Council received testimony at a public hearing; and W: Word Processing \Ordinances \Sabey Community Bank Zoning Map amended 6 -27 -11 RF:bjs Page 1 of 2 49 WHEREAS, after due consideration, the City Council concurs with the Planning Commission recommendation and Findings and Conclusions as outlined in the staff report, and has determined the public interest will be best served by approving the application to amend the Zoning Map designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions of the staff report, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Re- designation Approved. The property located at 10200 East Marginal Way South, Tukwila, Washington (Tax Parcel 042304 9184), and as described in Exhibit 2, is hereby approved to be re- designated from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI) as shown on Exhibit 3. Section 3. Map Amendment Authorized. The Community Development Director, or his designee, is hereby authorized to amend the City's official Zoning Map to show this change in designation. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachments: Exhibit 1 Planning Commission Findings and Conclusions Exhibit 2 Legal Description Exhibit 3 Zoning Map W: Word Processing \Ordinances \Sabey Community Bank Zoning Map amended 6 -27 -11 50 RF:bjs Page 2 of 2 Exhibit 1 FINDINGS AND CONCLUSIONS File L11 -002 ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan Per the discussion of Comprehensive Plan Criteria (above), redeveloping and reinvigorating the industrial uses along E. Marginal Way is one of Tukwila's key priorities, as is the continued enhancement of the community's economic well- being. The proposed rezone request from MIC /H to LI allows a broad range of uses, including light industrial and commercial, to support a varied and healthy economy for Tukwila. It is consistent with this priority and accompanying goals and policies. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. Per TMC 18.3 2.010 Purpose, the Light Industrial District is "...intended to provide areas characterized by distributive and light manufacturing uses, with supportive commercial and office uses. The proposed rezone from Manufacturing Industrial Center -Light (MIC /L) to Light Industrial (LI) would fulfill this purpose by retaining the potential for distributive and light manufacturing uses, while allowing a range of commercial and office uses to be built. The LI zone designation is also most consistent with Seattle's Industrial Commercial (IC) zoning on adjacent property. Consistency between Tukwila and Seattle zoning will facilitate future development. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Since 2007, approximately 62 acres immediately adjacent to the subject property, including 32 acres in Tukwila, was rezoned from Manufacturing Industrial Center /Heavy (MIC /H) to Light Industrial (LI) to accommodate planned future mixed -use commercial redevelopment. As discussed, the applicant had wanted to include the subject property in the original 2007 rezone, but did not own the parcel at that time. Having purchased the property, the applicant is proceeding with the Comprehensive Plan and zoning map changes so that the entire project has the same zoning. This will enable the owner to prepare for eventual large scale development that includes the subject property. By approving the 2007 rezone, the City Council indicated that the LI designation was appropriate for the general location. Rf 1 07/06/2011 Z: \DCD n Clerk's \Rebecca \Completed ordinances \Sabey Zoning Exhibit l.docx 51 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located The rezone should balance between industrial and commercial land use and zoning without jeopardizing current and future development in the Manufacturing /Industrial Center or the Tukwila Urban Center. The rezone to LI allows a somewhat broader range of uses than the existing MIC /H. Future redevelopment can contribute to the vitality of the community through increased opportunities for employment, recreation, and shopping, and increased revenue to the City of Tukwila. The rezone makes it easier for the property to be included in a future large scale redevelopment project. As part of a larger project, it would be likely to have additional review and public input. Future site development applications for SEPA and Design Review will address specific impacts such as traffic, airport (KCIA and FAA) requirements, and impacts on abutting property. CONCLUSIONS 1) Consistencv with Comprehensive Plan: The rezone is consistent with the Comprehensive Plan policies to support industrial redevelopment and ensure economic vitality. 2) Consistencv with Zone: The Light Industrial retains potential for light industrial use, allows a range of commercial and office activity. It is compatible with zoning for the remainder of the proposed redevelopment area, and is compatible with adjacent Seattle zoning. 3) Chanted conditions: Changed conditions including the 2007 rezone of 32 acres in Tukwila to Light Industrial (LI) and the 2009 rezone of 30 acres in Seattle to IG, and the purchase of the property by the Sabey Company for inclusion with the large -scale future redevelopment with the warrant a rezone from Manufacturing /Industrial Center Heavy (MIC -H) to Light Industrial (LI). 4) Benefit to communitv: The LI zoning has many features of the MIC /H zone, but allows a broader range of uses, and increases the likelihood that the property will be part of a larger redevelopment project anticipated for the adjoining Unified Grocers properties. rezone shall take into account the requirements of developing property adjacent to King County International Airport, including building height, noise impacts and landscaping. Rf 2 07/06/2011 Z: \DCD n Clerk's \Rebecca \Completed ordinances Sabey Zoning Exhibit l.docx 52 Exhibit 2 Legal Description PORTION OF GOV LOT 8 TGW PORTION OF TIMOTHY GROW D C NO 44 IN NE 1/4 OF SECTION 04 -23 -04 BEGIN INTERSECTION OF S LINE OF TIMOTHY GROW DONATION CLAIM WITH E LINE OF GOV LOT 8 TH S 00 -23 -12 W 137.23 FT TH N 89 -58 -12 W TO A POINT BEARING S 89 -58 -12 E 168 FT FROM ELY MARGIN OF E MARGINAL WAY SOUTH AND POB TH N 23 -39 -16 W 181.29 FT TH N 89 -50 -45 W 168 FT TO SAID ELY MARGIN TH S 23 -39 -16 E ALONG SAID ELY MARGIN TO A POINT BEARING N 89 -58 -12 W FROM POB TH S 89 -58 -12 E 168 FT TO POINT OF BEGINNING W: Word Processing \Ordinances \Sabey Community Bank Zoning Map Exhibit Z RF:bjs Page 1 of 1 53 Exhibit 3 TU ILA SEATTLE MIC/H tj P ry MIC/H t® U MIC/H U I City of Tukwila Comp Plan Amendment L11 -001 Rezone LII-002 Project File PL11-001 Subject Property 1 10 Zoning =Tukwila City Limits U 1"=200' 54 Upcoming Meetings Events July 2011 18th (Monday) 19th (Tuesday) 20th (Wednesday) 21st (Thursday) 22nd (Friday) 23rd (Saturday) Transportation Finance Parks Tukwila 18th Annual Corte, Safety Cmte, Commission, Historical Community 5:00 PM 5:00 PM 5:30 PM Society, Garage Sale (CR 91) (CR 93) (Community 7:00 PM July 23 24 Center) (Tulnvila Heritage Tukwila residents Cultural hold and shop at City Council Center, 14475 Executive Sister City 59 Ave S.) yard sales Session, Corte, 5:30 PM throughout Tukwila. 6:00 PM (Tukwila To see a list of Community locations go to Center) www.tukwilawa.aov City Council (Rescheduled Regular Mtg., from Judy 6 Junk in the Trunk 7:00 PM In conjunction with (Council Library the Community Chambers) Advisory Garage Sale, Junk in Board, the Trunk is held at 7:00 PM the Tukwila Registration (Foster Libruny) Community Center deadline for parking lot front voting in the 8:00 out to 2011 elections: pin. (July 25' only) July 18 is the To reserve a space please call the deadline for mail Community Center in voter at (106) 768 -2822. registration and address changes. Cottage Creek Restoration party 9:00 AM —Noon (meet by flagpole at City Hall) For more information calla 206 -431 -3663 25th (Monday) 26th (Tuesday) 27th (Wednesday) 28th (Thursday) 29th (Friday) 30th (Saturday) Community Utilities Cmte, COPCAB, Plannin Peanut Butter and Tukwila Int 1. Affairs Parks 5:00 PM 6:30 PM :::::'.ss'.::, Jam Concert Series Blvd. Action Cmte, (CR #1) (CR 45) Cancelled FREE family fun! Cmte's 5: 00 PM 12:00 Noon (CR #3) Trash Pickup Day (Community Center by 9:00 10:00 AM the Spray Park) This week: r 1 City Council The Brian Waite Band Executive `�s Session, Summer Outdoor 6:00 PM For location contact Cinema Series Rick at FREE! Donation of rick @forschler.org City Council two cans of food per family member Committee of requested to support the Whole Mtg., the Tukwila Food 7:00 PM Pantry (Council (Community Center) Chambers) Movie starts at dusk. Today's movie: Shrek Forever After (Movie will be shorn inside in the event of inclement weather.) City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3 Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. (A) Status ofnuisance ordinance. (B) Status of crime mapping software. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2342. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephotie Gardner at 206- 767 -2342. Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 431 -3670. Sister City Committee: Quarterly (7/6 10/5), 5:30 PM, Conf. Room 43. Contact Human Resources at 206 -431 -2187. Transportation Committee: I st 3rd Mon., 5:00 PM, Conf. Room #1. (A) King County Metro Transit Increase Revenues and Implement Service Cuts. (B) Tukwila Urban Center —Transit Center Acceptance of State Regional Mobility Grant. (C) SCATBd Tukwila Historical Society: 3rd Thurs., 7:00 PM Tukwila Heritage Cultural Center, 14475 59` Avenue S. Contact Pat Brodin at 206- 433 -1861. 55 Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. July 5 (Tuesday) 11 18 25 See agenda packet cover sheet for this 6:00 PM week's agenda EXECUTIVE SESSION (Jidy 18, 2011 Regular Meeting) Public Hearing: An ordinance adopting the Development Agreement between the City of Tukwila and Duane A. Wells and Gertrude A. Wells and Larry Magone, Executor of the Estate of Val Bain, regarding the development of a vacant parcel of land located at the intersection of Fort Dent Way and Interurban Avenue South Shoreline Master Program (continued firom 6- 27 -11) Soecial Issues: An ordinance adopting the Development Agreement between the City of Tukwila and Duane A. Wells and Gertrude A. Wells and Larry Magone, Executor of the Estate of Val Bain, regarding the development of a vacant parcel of land located at the intersection of Fort Dent Way and Interurban Avenue South Shoreline Master Program ordinances 56