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HomeMy WebLinkAbout2017-10-16 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES Regular Meeting October 16, 2017 — 7:00 P.M. REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL 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, Verna Seal, Kathy Hougardy, De'Sean Quinn, Kate Kruller, Thomas McLeod. Mayor Ekberg explained that Councilmember Kruller is on her way, and she can be excused from the meeting until she arrives. MOVED BY SEAL, SECONDED BY HOUGARDY TO EXCUSE COUNCILMEMBER KRULLER FROM THE MEETING. MOTION CARRIED 6-0. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Rachel Turpin, City Attorney; Rachel Bianchi, Communications and Government Relations Manager; Rick Still, Parks and Recreation Director; Jay Wittwer, Fire Chief; Jack Pace, Community Development Director; Robin Tischmak,.Acting Public Works Director; Nora Gierloff, Community Development Deputy Director; Lynn Miranda, Community Development Senior Planner; Peggy McCarthy, Finance Director; Vicky Carlsen, Deputy Finance Director; Laurel Humphrey, Council Analyst; Christy O'Flaherty, Records Governance Manager/City Clerk. AGENDA AMENDMENT MOVED BY ROBERTSON, SECONDED BY HOUGARDY TO AMEND THE AGENDA TO ADD AN EXECUTIVE SESSION ON POTENTIAL LITIGATION TO BE COMBINED WITH THE ONE CURRENTLY ON THE AGENDA TONIGHT REGARDING POTENTIAL LAND ACQUISITION. BOTH COMBINED WILL LAST NO MORE THAN 60 MINUTES. MOTION CARRIED 6-0. SPECIAL PRESENTATION Confirm the appointment of Bruce Linton to the position of Police Chief, to be followed by Oath of Office. Mayor Ekberg Mayor Ekberg said he is pleased to formally appoint Bruce Linton as the next Chief of the Tukwila Police Department. The Mayor offered the following accomplishments of Mr. Linton. Mr. Linton has served this community for more than 23 years and is a dedicated public servant. He has had many roles in the Tukwila Police Department, starting out as a patrol officer and most recently serving as Deputy Police Chief. He has been a key leader in the organization, serving as the incident commander for Operation Take Back Our Boulevard, leading our effort to deploy unmanned aerial systems at crime scenes and overseeing the design and build of the Department's mobile command vehicle. Mr. Linton has done all of this while serving our country for 35 years in the military. Beginning as an enlisted soldier stationed at Fort Lewis and in South Korea, he worked his way up to the rank of a Commanding General within the Washington Army National Guard. He was deployed for 18 months in Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 2 of 15 Kuwait and southern Iraq where he led an aviation battalion as a part of the Second Gulf War and currently commands an aviation brigade out of Fort Lewis. The Mayor stated it is not just his impressive resume that made him want to appoint Mr. Linton to this key position. His commitment to community policing and increasing engagement between police officers and the community make him the perfect fit to lead the Tukwila Police Department. He feels confident that Bruce Linton will continue the good work of the department and identify additional strategies to ensure we have a world class Police Department. Mayor Ekberg expressed his honor that Bruce Linton is a part of our community and looks forward to the great things he will bring to the City as the 24th leader of the Tukwila Police Department. MOVED BY DUFFIE, SECONDED BY ROBERTSON TO CONFIRM THE APPOINTMENT OF BRUCE LINTON TO THE POSITION OF POLICE CHIEF.* 7:13 p.m. Councilmember Kruller entered the Council Chambers. The Councilmembers expressed the highest regard for Mr. Linton's leadership, character, integrity and commitment to the community. *MOTION CARRIED 7-0. Mayor Ekberg administered the Oath of Office to Bruce Linton for the position of Chief of Police, and his wife pinned on his badge. Police Chief Linton thanked the Mayor, City Administrator and Council for the trust they have in him. He emphasized that his success is due to the support of his family and expressed appreciation for the mentorship he received from former Police Chief Mike Villa. Chief Linton explained that he prioritizes "service" and is full of gratitude to this country and the City of Tukwila for the opportunities he has received. He immigrated from Barbados from humble beginnings and took advantage of the opportunities and freedoms not available in other areas of the world. Through education and opportunity, he was able to realize his dreams and provide for his family and give back to his country and the City. The Tukwila Police Department will reach out to our diverse community and increase engagement to the citizens, businesses and school district. Chief Linton said he will move the City forward with priority and purpose and encouraged all to work together for an "awesome Tukwila." Chief Linton received a standing ovation from the Mayor, Councilmembers and those in attendance in the audience. APPOINTMENTS a. Community Oriented Policing Citizens Advisory Board: Confirm the appointment of Carol Pizano to Position #8 on the Community Oriented Policing Citizens Advisory Board, with a term expiring 12/31/18. MOVED BY KRULLER, SECONDED BY QUINN TO CONFIRM THE APPOINTMENT OF CAROL PIZANO TO POSITION #8 ON THE COMMUNITY ORIENTED POLICING CITIZENS ADVISORY BOARD, WITH A TERM EXPIRING 12131/18.* Ms. Pizano said she has worked in the Tukwila School District for 4 years and previously worked for the Sumner School District for 8 years. She also worked in law enforcement in California for 18 years as a 911 dispatcher. *MOTION CARRIED 7-0. b. Equity and Social Justice Commission: Confirm the appointment of Nichelle Page to Position #4 on the Equity and Social Justice Commission, with a term expiring 12/31/18. Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 3 of 15 MOVED BY QUINN, SECONDED BY SEAL TO CONFIRM THE APPOINTMENT OF NICHELLE PAGE TO POSITION #4 ON THE EQUITY AND SOCIAL JUSTICE COMMISSION, WITH A TERM EXPIRING 12/31/18.* Ms. Page said she has worked at the Tukwila School District for 18 years and currently has a new role in family engagement that will keep her very connected to the community. *MOTION CARRIED 7-0. c. Library Advisory Board: Confirm the appointment of Verna Seal to Position #6 on the Library Advisory Board, with a term expiring 12/31/18. MOVED BY MCLEOD, SECONDED BY QUINN TO CONFIRM THE APPOINTMENT OF VERNA SEAL TO POSITION #6 ON THE LIBRARY ADVISORY BOARD, WITH A TERM EXPIRING 12/31/18.* Ms. Seal expressed that the library is the heart of the community, and her passions include literacy, kids, community, and books. She encouraged all to visit the library and attend the "Friends of the Library" meetings. *MOTION CARRIED 7-0. The Councilmembers thanked the newly confirmed board members and commissioners for sharing their time and talents in service to the community. PUBLIC COMMENTS There were no public comments. CONSENT AGENDA a. Approval of Vouchers #375980-376087; #171001-171002 in the amount of $1,974,963.87. b. A resolution ordering the cancellation of past due accounts receivable and returned check write-offs. [Reviewed and forwarded to Consent by the Finance Committee on 10/3/17.] RESOLUTION NO. 1916 c. A resolution authorizing the cancellation of outstanding General Fund claims and payroll checks. [Reviewed and forwarded to Consent by the Finance Committee on 10/3/17.] RESOLUTION NO. 1917 d. Authorize the Mayor to sign an amendment to contract #16-165 with B -Force Protection for park security services, at a reduced rate of $1,400 a month and not to exceed $40,600 for the life of the contract. [Reviewed and forwarded to Consent by the Community Development and Neighborhoods Committee on 10/9/17.] e. Authorize the Mayor to sign a Collective Bargaining agreement with the Tukwila Police Officers Guild for 2017-2018. [Reviewed and forwarded to Consent by the Committee of the Whole on 10/9/17.] f. Authorize the Mayor to sign Supplemental Agreement #3 to contract #16-054 with RH2 Engineering, Inc., for the CBD (Commercial Business District) Sanitary Sewer Rehabilitation Design Project in the amount of $4,989.43 (bringing the total contract to $41,382.28). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 10/10/17.] MOVED BY DUFFIE, SECONDED BY KRULLER THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7-0. PUBLIC HEARING A quasi-judicial hearing on the Quail Park Senior Housing/Assisted Living Planned Residential Development (PRD) and Design Review. Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 4 of 15 Christy O'Flaherty, City Clerk, announced this is a quasi-judicial matter, with the City Council acting as the decision -maker based on the information and record presented at this meeting, similar to the process used by a hearing examiner or judge. Quasi-judicial matters do not follow the standard Council agenda process of Council Committee, Committee of the Whole and Regular Meeting. The Council is being asked to conduct the public hearing this evening as part of the Quail Park Multi -Family Senior Housing / Assisted Living Planned Residential Development project for the property located at 13112 Military Road South. Part of the quasi-judicial process involves Appearance of Fairness questions to be asked of each Councilmember. Ms. O'Flaherty explained that City staff and the applicant will be providing information on the project, and the public will be given an opportunity to provide comments. She asked the Council to make note of their questions which can be asked during the public hearing and after the speakers have finished their presentations. 7:40 p.m. Mayor Ekberg opened the public hearing. Ms. O'Flaherty stated that testimony at a quasi-judicial hearing is taken under oath. She asked those in attendance in the audience who are planning on testifying to raise their right hand and then asked, "Do you swear or affirm that that testimony you are about to give is the truth, the whole truth and nothing but the truth?" The members of the audience intending to testify answered in the affirmative. The City Clerk asked the following Appearance of Fairness questions of each of the 7 Councilmembers: 1. Do you or your family have any interest in the subject property located at 13112 Military Road South in Tukwila? DUFFIE NO SEAL NO ROBERTSON NO HOUGARDY NO QUINN NO KRULLER NO McLEOD NO 2. Do you stand to gain or lose by your decision on this matter? DUFFIE NO SEAL NO ROBERTSON NO HOUGARDY NO QUINN NO KRULLER NO McLEOD NO 3. Have you had any ex -parte communications regarding this application? DUFFIE NO SEAL Prior to learning this project was coming before Council, a friend asked about the status of the project and expressed concerns about the impacts to her property. Ms. Seal told her she knew nothing about the project and has no personal interest in the project or property. She confirmed she has not pre -judged the issue. Rachel Turpin, City Attorney, asked if anyone in the audience had a rebuttal to Councilmember Seal's ex - parte communication. There were no rebuttals from the audience. ROBERTSON An email was sent to staff member Lynn Miranda, asking for clarification on her presentation this evening. Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 5 of 15 Rachel Turpin, City Attorney, asked if anyone in the audience had a rebuttal to Councilmember Robertson's ex -parte communication. There were no rebuttals from the audience. HOUGARDY NO QUINN NO KRULLER She had a conversation during Council Chat with citizens that was unsolicited. She did not know them personally and recognized one by reputation. They attended the chat and had comments about the proposal. Some of their questions are similar to her own questions after having read the binder materials. The comments in no way bias her feelings to support or not support the proposal. Rachel Turpin, City Attorney, asked if anyone in the audience had a rebuttal to Councilmember Kruller's ex -parte communication. There were no rebuttals from the audience. McLEOD NO The City Clerk then asked, "Does anyone in the audience object to any of the Councilmembers presiding over this matter?" There were no objections from the audience. Mayor Ekberg asked for a staff report on the Quail Park Project. Per the agenda procedures, 15 minutes will be allowed for the staff report. Lynn Miranda, Senior Planner, provided an overview of the project. Information from the staff report follows: PROJECT NAME: Quail Park APPLICANT: Justin Hunt, Ankrom Moisan Architects, Inc. REQUEST: Design Review and Planned Residential Development application approval by Tukwila City Council for a proposal for a new 145 -unit multifamily senior housing facility with assisted living and memory care units on an undeveloped 10.87 acre site at 13112 Military Road South, zoned MDR (Medium Density Residential). PROJECT DESCRIPTION: The applicant is requesting Planned Residential Development (PRD) and Design Review approval for a multifamily housing project that will provide total of 145 senior housing/assisted living units in a 153,000 square foot building on a 10.87 acre parcel. The parcel is located between Military Road South and 32nd Avenue South, north of S 133rd Street. Included in the project are 124 housing units for seniors who can live independently or who require assistance with activities of daily living, and a special needs section of the building containing 21 memory care units. The housing project includes amenities such as trails and sidewalks; landscaping, common open spaces such as patios and decks; a dog park and gardening area for residents; and parking for residents, visitors and employees. Stormwater infrastructure includes a green roof system, detention pond, underground storage vault, and pervious pavement. The site contains areas of Class 1 steep slopes to the north and parts of three Category III slope - wetlands. The project has received approval to reduce the 80 -foot wetland buffers up to 50 percent in exchange for a mitigation and enhancement plan. The 10 -foot planted setback from top of the steep slope/buffer edge will be maintained. RECOMMENDATIONS — PLANNED RESIDENTIAL DEVELOPMENT (L16-0023) Staff recommends approval of the Planned Residential Development as proposed. RECOMMENDATIONS — DESIGN REVIEW (L16-0022) Staff recommends approval of the building, landscape design, site layout, and miscellaneous furnishings as reflected in the attachments to this staff report. Ms: Miranda utilized a Powerpoint to provide additional information. She explained there were other permits associated with this project that are not before the Council this evening and are relevant to the project history. Those permits included a SEPA Determination of Non - Significance and Special Permissions Director for a parking determination and a wetland buffer reduction. Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 6 of 15 Per Tukwila Municipal Code (TMC) Section 18.108.050, a Type 5 decision requires a meeting be held on the project. Ari informational open house was held at Cascade View Elementary School on January 17, 2017. Ms. Miranda said the proposed site is difficult to develop. It is a steep site and the project ranges from 1-4 floors. The site contains three Category 3 wetlands (range from 1-4, 1 being most rare/sensitive to 4 lowest level of function). Category 3 wetlands have a required 80' buffer width. The site slopes significantly downward from west to east — 400' elevation to 240'. Per TMC 18.45.080.F regarding Sensitive Areas: • The standard buffer width to be reduced up to 50% • Where there is variable topography, the buffer could only be reduced where the slope is less than 15% (upland portion) • A 10' planted setback from the top of slope/edge of buffer will be maintained • Resulted in buffer width reduction from 80' to 40', some areas less than 50%. Per TMC 18.45 a buffer reduction requires buffer enhancement, which has been adequately met by the project proposal. The applicant will: • Remove non-native invasive plants and trash • Plant a mix of native trees, shrubs and groundcover to improve buffer functions and wildlife habitat • Plant only on up-slope portion of the buffers so steep hillsides are not disturbed • Split rail fence will be installed around the buffer as a protective measure, with signs Monitoring • Will be the facility owner's responsibility to maintain the buffer and ensure monitoring occurs by a qualified project biologist for a period of 5 years. • Annual reports must be submitted to the City's Urban Environmentalist • Monitor health of plants and/or replacement if needed • Remove invasive plants • Monitor storm water discharges to wetland buffer to see if there is erosion to slope or downstream Riverton Creek • Establish 7 permanent sampling locations, with photos • A contingency plan is in place in case performance measures are not met RESULT: Wetland area is preserved on about 50% of the site. Ms. Miranda said staff recommends approval of the project. The City Clerk referenced into the record an email dated October 16, 2017 from Julie Bruce, 13018 32nd Avenue South, Seattle, with a subject line of Quail Park Multifamily Senior Housing, distributed to the Councilmembers by the Council Analyst at the beginning of the staff presentation. Mayor Ekberg asked for a presentation by the applicant on the Quail Park Project. Per the agenda procedures, 15 minutes will be allowed for the applicant report. Justin Hunt, LEED Accredited Professional with Ankrom Moisan Architects, Inc, the applicant, utilized a Powerpoint presentation to provide an overview of the project. The design goal for this project is to provide an enriching residential experience through the use of attractive architectural details and a variety of program options that respond to the sloping site and existing wetlands. The building vernacular derives inspiration from "Northwest Styled Lodges" with its use of large framing members, multi -pitched roofs, and varying facade materials, such as stone, horizontal siding, shake and board and batten. The building facades have been modulated significantly with various bays, unit decks and gable roof dormers. The building massing steps down as it responds to the natural slope of the site. Its massing also reduces down to single stories in areas that are along the south elevations nearest to the existing single-family neighborhood. The exterior program elements of the project are distributed to encourage exploration and Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 7 of 15 a variety of daily, as well as seasonal experiences. Examples include walking trails, outdoor community decks, community gardens, putting greens, dog parks and well planted landscape throughout the site. The proposal is to construct a 3 -story assisted living community and 1 -story of "tucked -in" unenclosed parking at the lowest level. The project will contain (121) senior housing units and (24) memory care units, for a total of 145 residential units. It will provide (93) total parking spaces made up of (32) "tucked - in" parking at the lowest level and (61) surface parking throughout the site. The project will be approximately 153,000 gross square feet of multi -family housing with a variety of outdoor and interior amenities for the residents. Mr. Hunt explained that the Memory Care wing of the facility is for monitoring those with Alzheimer's, dementia, and those types of issues. It is constructed with a looping design, so the patients can move about, yet retains control of the environment. Mayor Ekberg asked if either staff or the applicant had any other comments. Per the agenda procedures, 5 minutes would be allowed by each for rebuttal. Ms. Miranda said staff and the applicant have worked together on all aspects of the project for the last 6 months and were able to bring a project forward that meets all of the review criteria. Staff recommends approval with no conditions. Mr. Hunt had no additional comments. Mayor Ekberg called for public comments. Janos Takacs, 13205 301" Place South, lives near the fence line of the proposed project and has concern about the possibility of the rain drain in the area getting more plugged up than it already does. He is also concerned about visibility into their trash room and whether it will be enclosed or have open air dumpsters. He would also like to know if they will re -survey the property for accurate property lines and will the fence be put directly on the property line. He has concern about loss of his property. Mr. Takacs would also like to know when construction will start and what time of day they will be working. He has concern about dust during construction and if the berm they are building is going to clog the rain drain. Erin VanSlogteren, 13214 30'" Place South, said she lives near the project and has concern about drainage issues and blockage to a storm drain they pay for and use for runoff. She is also concerned about excavation and the ensuing pests that could be unleashed during excavation that could end up in their homes. Additionally, their street is a narrow, private road, and she hopes to see signage that would divert customers from traveling down their road. It is also important that there be adequate parking for the facility's employees and residents and guests. If it is crowded, people tend to park on residential streets, which she would like to see averted. Helena Gaselawitz, 3202 South 130'" Street, owns a house near the project. She has concerns about the facility having 5 stories and wonders what the view will be like, and how much forest will be left on the property. The more trees that go, the more danger of landslides. Jordan, 13030 32nd Avenue South, is right across the street from the 1,000 -foot fence that will be placed for the project. On the southeast side of the fence, there will be an emergency gate, which is concerning as the road is a single lane. He would like to know how that gate will work. As it relates to construction, he asked if there will be notices to the neighbors as to how residents will be able to get in and out of that single lane. Amy, 13214 30'" Place South, referenced the emergency gate and what constitutes an emergency. Other than fire truck access, she asked what other situations would require opening that door. Mark Larson, 4022 South 160th Street, referenced another local project off 42nd and 142nd that went through 3 different contractors due to issues associated with water runoff and soil saturation. Water runoff is an issue. He would like to know if it is a dry or wet retention pond, and if it is wet, whether there will be standing water. Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 8 of 15 Janos Takacs, 13205 30th Place South, asked when answers to these questions will be provided. Mayor Ekberg asked the Council if they would like to ask their own questions at this time or provide answers to the audience questions first. The Councilmembers' preference was to first have the audience questions addressed. In response to questions regarding storm drains and water runoff, the following answers were provided: • Robin Tischmak, Acting Public Works Director, explained there is not a design that is complete as yet, so there has been no review at this time. Compliance with the King County Surface Water Design Manual will be required. Any site development is required to accommodate established drainage patterns even if they come off a neighbor's property. Any creeks or waterflows must be maintained and cannot be blocked off. • Internal plan reviews by staff will also occur for compliance with legal standards and the City's Code requirements. • Mr. Hunt, the applicant, relayed that water mitigation processes are required during construction in line with guidelines by the City of Tukwila. • Mr. Hunt said that surface storm water runoff will be detained in an underground storage/treatment tank then released to a storm water pond, which may have standing water during the wet season. In response to questions regarding dust during construction, the following answers were provided: • Mr. Hunt said the main entrance to construction will be off Military Road, and they water down the area where trucks move on and off the site. There are processes set in place as part of dust control throughout the whole site. There will be some dust that will flow over. In response to questions regarding directional signage and parking, the following answers were provided: • Mr. Hunt said there will be a large monument sign as the main entrance to the facility off Military Road. 32nd South is not intended to be an entrance to the site, and outreach will occur to have people travel to the site via Military Road. • Ms. Miranda referenced the parking issue and explained there is a parking determination with conditions as follows: (1) A parking mitigation plan will be put in place prior to start of construction to accommodate the employees to avoid impacts to adjacent single-family streets; and (2) The parking determination requires a minimum of 91 stalls to accommodate the parking needs of the residents, employees, and some visitors. The project meets this requirement. However, for some occasions they will use an off-site location, such as Cascade View Elementary and/or other nearby facilities and use valet services to the site. In response to questions regarding emergency access, the following answers were provided: • Mr. Hunt said the emergency gate off 32nd was required by the Fire Department for a large fire event. Ambulances and standard fire access will be off Military Road. In response to questions regarding location of the fence on the south side, the following answers were provided: • Mr. Hunt said the fence will be on the owner's property and not the adjacent neighbor's property. In response to questions regarding the trash room, the following answers were provided: • Mr. Hunt explained the trash room is fully enclosed adjacent to the back of house spaces, roofed and with no open air dumpsters. In response to questions regarding construction coming off of 32nd, the following answers were provided: • Mr. Hunt relayed they will ensure construction comes off Military Road. • There may be some travel on 32nd, as there are plans to add right-of-way and sidewalks for the residents on that street. In response to questions regarding an up-to-date survey, the following answers were provided: • Mr. Hunt conveyed that the survey was done over a year and a half ago. A new survey will be required for accuracy and to assess existing conditions. Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 9 of 15 In response to questions regarding the number of stories in the facility, the following answers were provided: • Mr. Hunt said the highest number of stories will be 4 stories. There are 5 levels, but because it steps down due to slope, there are 4 stories, with the majority of the buildings being 1-3 stories. In response to questions regarding tree preservation and visibility, the following answers were provided: • Mr. Hunt said they are using less than half of the site for the facility, and many old growth trees will remain in place. They are not touching trees in the wetland buffer area. • Ms. Miranda said there is a large stand of trees on the southeast corner that will be retained and protected during construction. • Mr. Hunt said the trees to the east are 80 feet tall, and neighbors will never see buildings rise above the tree line. • Ms. Miranda relayed the applicant is planting over 200 new trees in addition to what they are retaining. In response to questions regarding construction time frames, the following answers were provided: • Mr. Hunt explained 8:00 a.m.-5:00 p.m. is the typical time frame, and they may start at 7:00 a.m. during the week. Construction is anticipated to begin in early 2018. In response to questions regarding pest control, the following answers were provided: • Mr. Hunt conveyed they will recommend to the owner and contractor to address pest control on site during construction. Erin VanSlogteren, 13214 30th Place South, clarified there is a City of Tukwila large storm drain that already backs up in the area. There is consistent running water and residents trying to avoid large puddles. There is a metal grate there, and it is regularly clogged. Mr. Tischmak said when the plans are available for review, the Surface Water Crew will go on site and identify issues. Mayor Ekberg said the City Administrator will look into the issue as well. Mayor Ekberg asked the Council if they have clarifying questions of staff or the applicant. Councilmember Duffie asked who will be the point person the citizens can contact about issues associated with this project. Ms. Miranda said she will be the project manager on the Planning side, and Dave McPherson on the Public Works side. The owner of the site is Michael Derr, 425-749-2990. Council President Robertson referenced a communication from Karen Walter from the Muckleshoot Tribe dated April 26, 2017, and inquired if a response was provided to Ms. Walter. Ms. Miranda explained that Ms. Walter was concerned about the location of a T diffuser as it relates to storm water. Specifically, her concern regarded the potential for erosion on the slope and Riverton Creek. Based on the concern, the applicant revised the plan to locate the T diffuser at the base of the slope. Ms. Walter conveyed to staff she had no further concerns. Mr. Robertson inquired about any sources of pollution on the site that could adversely affect the salmon habitat. Michael Derr, developer of the site, said an existing single-family residence and oil tank were removed from the site prior to all of their applications. To his knowledge there is no source of pollution on the site. Mr. Robertson asked if this location had been a dumping site for anything. Mr. Derr said he is not aware of anything like that, and if it shows up during excavation, it will be responded to based on the laws associated with hazardous materials. Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 10 of 15 Councilmember Kruller asked for additional information regarding tree removal, addition of new trees, and the height of new trees. Ms. Miranda said the site is heavily wooded. Most of the trees going away are in the middle of the site where the facility will be built. Mr. Hunt explained the initial planting will involve some tall trees, but they will not be as tall as the old growth trees. Due to safety, they would probably not let the newly added trees get as tall as the old growth trees. It is a 10 -acre site and 145 trees will be removed. The trees will provide a visual screen as well as a noise buffer and a natural habitat. There will also be no public access to the property. Ms. Kruller said it does not appear there is a geo-technical or structural engineer involved in the project. She asked if the site could be liquefiable soil and what kind of foundation will be constructed. Mr. Hunt says they do have a geo-technical report and engineer. The soil is 4 feet below the organic growth and very stable and barely perks. They also have a structural engineer on board full time. Ms. Kruller asked if they had thought about it being intergenerational rather than residents in the last stages of life. Mr. Derr said they are a senior housing company and that is their focus. Ms. Kruller inquired about affordability such as Medicare and/or Medicaid and mixed income levels. Mr. Derr relayed the facility is a private -pay operation. Out of the 800 units on the west coast, about 20% are Medicare or Medicaid. Ms. Kruller referenced the facility being located in an area with many natural springs, which means there is a great deal of water that may require mitigation. Ms. Miranda said the City's Code will have provisions to deal with any impacts. Ms. Kruller asked if the developer has built other structures of this nature. Mr. Derr responded in the affirmative. A similar facility is known as Quail Park of Lynnwood; another was built in Klamath Falls, Oregon, and another in Visalia, California, that was built 19 years ago. Ms. Kruller inquired asked about what happens to the business in 20 years when there are less baby boomers, seniors, and population. Mr. Derr says the average age of entry into the facility is 85 years old, and the population will support senior housing in the next 35 years. Councilmember McLeod asked for additional information regarding the shuttle service for events. Mr. Derr explained the shuttle service would involve special events such as holidays. They would hire a valet service and arrange for off-site parking, which is something that is already a part of their business practice. They are used to planning ahead for their special events. They would contact locations that can accommodate their needs for the particular event. Mr. McLeod asked for more information about the fence. Mr. Hunt said the north and east areas of the property are in the wetlands and will not be bound by the fence. They will have a split rail fence that goes around the perimeter of the buildable area of the site to restrict accessing the buffers. Mr. McLeod inquired about who gets more visits, the assisted living buildings or the memory care buildings. Mr. Derr said the memory care building is single -story and closest to the neighbors to extend the buffer and not be as visible. It is also a quieter corner which is important for the residents. Mr. McLeod referenced code requirements regarding water runoff, which is of great concern to residents. He asked if there is a plan for revisiting the issue approximately 5 years after construction to ensure everything is working as anticipated. Mr. Hunt said they will learn sooner than 5 years regarding issues relating to water. Part of the wetland mitigation plan is to observe the water every year, which is required for 5 years after construction. Mr. Tischmak said this is a wet area, and if construction shows a lot of water to be addressed, then it can be re-evaluated and monitored as necessary. Councilmember Quinn asked for more information regarding the internal mechanisms in place that will ensure mitigation toward potential issues as the project moves forward. Mr. Tischmak explained the SEPA process provides a vast, comprehensive list of known issues in the SEPA checklist to review items to include traffic, storm water, air pollution, etc. Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 11 of 15 Mr. Quinn asked if those issues become memorialized, so they are identified and can be monitored as necessary. Ms. Miranda responded in the affirmative. Janos Takacs, 13205 30th Place South, asked about Native American or Indian burial items that may be found during excavation, and whether that would change or shut down the project. Ms. Miranda said there are laws in place that set forth procedures if something is found on the site. Depending on what is found and where, it will dictate what happens to the remainder of the project. 9:26 p.m. Mayor Ekberg closed the public hearing. UNFINISHED BUSINESS Quail Park Senior Housing/Assisted Living Planned Residential Development 1. Motion to approve the application for the Quail Park Planned Residential Development, a new multifamily senior housing/assisted living facility located at 13112 Military Road South, and to adopt the findings of fact, conclusions, and recommendations contained in the staff report for L16-0023 as the City Council's written decision on this matter. MOVED BY ROBERTSON, SECONDED BY QUINN TO APPROVE THE APPLICATION FOR THE QUAIL PARK PLANNED RESIDENTIAL DEVELOPMENT, A NEW MULTIFAMILY SENIOR HOUSING/ASSISTED LIVING FACILITY LOCATED AT 13112 MILITARY ROAD SOUTH, AND TO ADOPT THE FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATIONS CONTAINED IN THE STAFF REPORT FOR L16-0023 AS THE CITY COUNCIL'S WRITTEN DECISION ON THIS MATTER.* <NOTE: The above motion originally contained the following bolded phrase "...staff report, including questions and answers from the public hearing...for L16-0023..." Upon advice of the City Attorney, the motion was rescinded by the full Council based on a motion by Councilmember Kruller and seconded by Councilmember Seal.> The Councilmembers exchanged comments as follows: • Concern regarding timelines to come back to Council with updates, with a response that the CA (City Administrator) Report would be a tool for providing updated information. • Excitement regarding the project and appreciation for the public comments and the thoroughness of the information from the applicant. • Support for the project and concern about ground water and parking as it relates to neighboring properties and confidence that staff and the builder will mitigate those issues. • Appreciation for the context in the questions and clarity from neighbors and the project being an asset to the area. *MOTION CARRIED 7-0. 2. Motion to approve the design review application for the Quail Park Planned Residential Development, located at 13112 Military Road South as set forth in and to adopt the findings of fact, conclusions, and recommendations contained in the staff report for L16-022 as the City Council's final decision on this matter. MOVED BY SEAL, SECONDED BY KRULLER TO APPROVE THE DESIGN REVIEW APPLICATION FOR THE QUAIL PARK PLANNED RESIDENTIAL DEVELOPMENT, LOCATED AT 13112 MILITARY ROAD SOUTH AS SET FORTH IN AND TO ADOPT THE FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATIONS CONTAINED IN THE STAFF REPORT FOR L16-022 AS THE CITY COUNCIL'S FINAL DECISION ON THIS MATTER. MOTION CARRIED 7-0. Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 12 of 15 NEW BUSINESS An update from the Public Safety Plan Siting Advisory Committee. Rachel Bianchi, Communications and Government Relations Manager, said Kathleen Wilson, a member of the Public Safety Plan Siting Advisory Committee, intended to be present this evening for this presentation. However, she became ill and was unable to attend. Ms. Bianchi utilized a Powerpoint presentation to provide an overview of this topic with key points as follows: Public Safety Plan Purpose • Provide advice and recommendations on siting process and sites. • Provide input and direction to ensure robust community engagement throughout the siting process Siting Advisory Committee Members Dennis Robertson, Council President Thomas McLeod, Councilmember Joe Duffie, Councilmember (alternate) Bob Giberson, Public Works Director Tod Bookless, Chair Kathleen Wilson, Vice Chair Will Gillespie Jerry Thornton Work to Date • Reviewed information on each facility • Reviewed and provided advice on Council -approved siting criteria for each site • Fire Station Location Study • Participated in the planning and implementation of two Open House events • Reviewed and compared information for site locations for each facility: Fire Station 52, Fire Station 54, Justice Center, Public Works Facility Public Engagement • Two in-person open house events • Two online open house opportunities • Mailings with information • Comprehensive website • Engagement with community organizations • Public Meetings: Regular Council updates What We Heard • Ability of projects to transform a neighborhood • Facility needs to fit within a neighborhood • Fire stations should be sited equitably throughout the City of Tukwila • Keep Public Works out of residential areas. How We Got to Recommended Sites • Location, access and operability key • Emergency response times, particularly for Fire Stations • Keeping our commitments — safe locations away from flood plain, liquefaction areas, etc. • Site Selection Criteria • Community input Siting Advisory Committee Recommendations • Fire Station 52: City Hall Campus, North Parking Lot • Fire Station 54: 52nd Avenue South and South 140th Street • Justice Center: Tukwila International Boulevard (TIB) and South 150th Street • Public Works: Between TIB, South 112th Street and East Marginal Way Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 13 of 15 Final Thoughts • Robust process, highest ranked sites met the criteria • Work with the businesses displaced • Understand and support eminent domain; hope for negotiated agreement • Continued advice on community engagement — critical as the projects move forward • Excited about the opportunity to improve our community The Councilmembers thanked Ms. Bianchi for the informative presentation. REPORTS The City Council dispensed with reports. MISCELLANEOUS Councilmember Kruller said SCA (Sound Cities Association) is seeking nominations for the PIC (Public Issues Committee). The deadline is November 10, 2017. Councilmember Kruller has been on PIC for a number of years, and she would like to be a Vice -Chair, and must first seek consensus to move forward to be on the Committee. Council consensus existed for Councilmember Kruller to pursue participation on the SCA PIC. Councilmember McLeod, Chair of the Public Safety Committee, said that this evening Police staff brought forward an Interagency Agreement regarding internet crimes against children. The Committee unanimously supports the agreement and forwarded it to the Consent Agenda. Councilmember Kruller referenced the PMQA (Program Management Quality Assurance) report for the Public Safety Plan in the packet. She referenced the yellow ratings and inquired whether the consultant should be coming to speak with the Council or if they should be put through Committee to address any issues. Councilmember McLeod said the consultant was at the Public Safety Committee meeting today and talked about the PMQA report. Ms. Kruller expressed concern as the PMQA is intended for the whole Council. Council President Robertson said the two "yellow" items referencing "concern" involve project and prograi n contingencies, which is a budget issue, for which there is awareness by the Council. Mr. Robertson did talk with the PMQA consultant regarding the budget and market conditions, which involve cost implications. Where appropriate, the consultant will meet with the Committees as needed. Ms. Kruller expressed that upon hiring the consultant, it was determined he would be reporting to the full Council. She is concerned that independent communication with the consultant is heading down a path where the full Council may not be on the same page. Laurel Humphrey, Council Analyst, relayed that she was provided direction at a Council meeting to send those PMQA Report items with yellow bullets through the Council Committee process. The yellow items in this report are still in Committee at this time, and a recommendation will be provided to the full Council. EXECUTIVE SESSION — 60 minutes Potential Property Acquisition — Pursuant to RCW 42.30.110(1)(b) and Potential Litigation — Pursuant to RCW 42.30.110(1)(i) Mayor Ekberg announced the Council will now go into Executive Session to discuss: Potential Property Acquisition — Pursuant to RCW 42.30.110(1)(b) and Potential Litigation — Pursuant to RCW 42.30.110(1)0) Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 14 of 15 The discussion on both will last no more than 60 minutes, and no decisions will be made during the Executive Session. The Council will remain in the Council Chambers for this Executive Session. After the Executive Session has concluded, the Council may want to take action in the Open Meeting under New Business as it relates to Potential Property Acquisition. The doors will be opened, and the public invited to enter the Council Chambers for that discussion and potential action. 10:06 p.m. Mayor Ekberg called for a brief recess to allow the audience to exit the Council Chambers. Executive Session Start: 10:15 p.m. Attendees: Mayor Ekberg; David Cline, City Administrator; Rachel Turpin, City Attorney; Rachel Bianchi, Communications and Government Relations Manager; Rick Still, Parks and Recreation Director; DJ Baxter, Shiels Obletz Johnsen; Matt Anderson, Heartland, LLC; Laurel Humphrey, Council Analyst; Councilmembers Duffie, Robertson, Seal, Hougardy, Quinn, Kruller, and McLeod. Executive Session End: 10:27 p.m. 10:29 p.m. Mayor Ekberg reconvened the Regular Meeting. AGENDA AMENDMENT MOVED BY ROBERTSON, SECONDED BY SEAL TO AMEND THE AGENDA TO ADD A NEW BUSINESS ITEM TITLED "PROPERTY ACQUISITION." MOTION CARRIED 7-0. NEW BUSINESS Property Acquisition MOVED BY ROBERTSON, SECONDED BY KRULLER TO DIRECT THE MAYOR OR HIS DESIGNEE TO PROVIDE NOTICE, AS SET FORTH IN RCW 8.25.290, OF THE CITY COUNCIL'S INTENT TO TAKE FINAL ACTION TO AUTHORIZE THE CONDEMNATION OF PROPERTIES AT THE FOLLOWING LOCATIONS, ON NOVEMBER 6, 2017 AT 7:00 P.M. AT TUKWILA CITY HALL, 6200 SOUTHCENTER BOULEVARD, TUKWILA, WA 98188, AND TO AUTHORIZE STAFF TO ENGAGE IN PRELIMINARY DISCUSSIONS WITH THE POTENTIAL AFFECTED PROPERTY OWNERS. For the Justice Center: Parcel Number Address 0041000515 N/A 0041000514 15006 MILITARY RD S 0041000480 15022 MILITARY RD S 98188 0041000494 15030 MILITARY RDS 98188 0041000513 15029 TUKWILA INTERNATIONAL BLVD 98188 0041000516 15015 TUKWILA INTERNATIONAL BLVD 98188 0041000517 15001 TUKWILA INTERNATIONAL BLVD 98188 0041000335 14845 INTERNATIONAL BLVD 98168 0041000330 14835 TUKWILA INTERNATIONAL BLVD 98168 For Fire Station 54: Parcel Number Address 1523049263 13916 42ND AVE S 98168 For the Public Works Facility: Parcel Number Address 0923049411 11234 TUKWILA INTERNATIONAL BLVD 98168 0923049152 11210 TUKWILA INTERNATIONAL BLVD 98168 1023049059 11231 EAST MARGINAL WAY S 98168 MOTION CARRIED 7-0. Tukwila City Council Regular Meeting Minutes October 16, 2017 Page 15 of 15 ADJOURNMENT 10:33 p.m. MOVED BY SEAL, SECONDED BY DUFFIE TO ADJOURN THE REGULAR MEETING. Allan Ekberg, M Christy 0 Flaherty, Records Governance Manage City Clerk APPROVED BY THE CITY COUNCIL: 11/6/17 AVAILABLE ON CITY WEBSITE: 11/7/17