Loading...
HomeMy WebLinkAbout2017-12-04 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL Regular Meeting December 4, 2017 — 7:00 P.M. Mayor Ekberg called the Regular Meeting of the Tukwila City Council to order at 7:01 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. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Ann Marie Soto, Assistant City Attorney; Rachel Bianchi, Communications and Government Relations Manager; Mia Navarro, Community Engagement Manager; Rick Mitchell, Police Commander, Kraig Boyd, Acting Police Commander; Jay Wittwer, Fire Chief; Robin Tischmak, Acting Public Works Director; Jack Pace, Community Development Director; Minnie Dhaliwal, Senior Planner; Maxwell Baker, Assistant Planner; Peggy McCarthy, Finance Director; Joseph Todd, Technology and Innovation Services Director; Christy O'Flaherty, Records Governance Manager/ City Clerk. PUBLIC COMMENTS There were no public comments. 7:02 p.m. Councilmember Quinn exited the Council Chambers. CONSENT AGENDA a. Approval of Minutes: 11/20/17 (Regular) b. Approval of Vouchers #376431-376539; #171000; #171104-171106 in the amount of $1,954,515.58 c. Authorize the Mayor to sign an agreement with Environmental Systems Research Institute, Inc., for GIS professional services in the amount of $55,000.00. [Reviewed and forwarded to Consent by the Finance Committee on 11/21/17.] d. Authorize the Mayor to sign labor agreements with the Teamsters Local #763 for the period of January 1, 2017 through December 31, 2018 for the Maintenance Trades, Professional Supervisory, and Senior Program Manager units. [Reviewed and forwarded to Consent by the Committee of the Whole on 11/27/17.] e. An ordinance authorizing the issuance of one or more series of Limited Tax General Obligation Bonds in the aggregate principal amount of not to exceed $20,000,000 to finance and/or reimburse costs related to the acquisition of land and the construction, improvement and equipping of maintenance and other City facilities and to pay costs of issuing the bonds; providing the form, terms and covenants of the bonds; providing for the disposition of the proceeds of the sale of the bonds; delegating authority to approve the method of sale and the final terms of the bonds; and providing for other matters relating thereto. [Reviewed and forwarded to Consent by the Committee of the Whole on 11/27/17.] ORDINANCE NO. 2559 MOVED BY DUFFIE, SECONDED BY KRULLER THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 6-0, WITH QUINN ABSENT. 7:04 p.m. Councilmember Quinn returned to the Council Chambers. Tukwila City Council Regular Meeting Minutes December 4, 2017 Page 2 of 13 PUBLIC HEARING A quasi-judicial hearing on the Tukwila South Final Plat — Phase 1 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 final plat approval for Phase 1 of the Tukwila South Subdivision project for the property generally bounded by South 180th Street to the north; South 204th Street to the south; the Green River to the east; and Orillia Road and Interstate 5 to the west. Part of the quasi-judicial process involves Appearance of Fairness questions to be asked of each Councilmember. Christy O'Flaherty, City Clerk, explained that City staff and 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. 7:04 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 the 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 generally bounded by South 180th Street to the north; South 204th Street to the south; the Green River to the east; and Orillia Road and Interstate 5 to the west 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 NO ROBERTSON NO HOUGARDY NO QUINN NO Tukwila City Council Regular Meeting Minutes December 4, 2017 Page 3 of 13 KRULLER NO McLEOD NO Each of the 7 Councilmembers answered "No" to all of the above questions. 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 Tukwila South Final Plat — Phase 1 project. Per the agenda procedures, 15 minutes will be allowed for the staff report. Maxwell Baker, Assistant Planner, provided an overview of the project. Information from the staff report follows: FILE NUMBER: L17-0068 PROJECT: Tukwila South Final Plat — Phase 1. The first phase includes creation of 3 lots, 14 Future Development Tracts, 2 Open Space Tracts, 2 Regional Definition Tracts, 5 Sensitive Area Tracts, and 1 Non -Buildable Tract. This project originally received subdivision preliminary approval in October 2017 from the Hearing Examiner. APPLICANT: Segale Properties, LLC REQUEST: Request for Final Subdivision approval for Phase I of the Tukwila South Project. LOCATION: Tukwila South. The area is generally bounded by South 180th Street to the north; South 204th Street to the south; the Green River to the east; and Orillia Road and Interstate 5 to the west. CONCLUSIONS 1. The applicant, Segale Properties, LLC, is requesting final plat approval for Phase I of the Tukwila South plat. The City Council shall hold a hearing for Phase 1 of the project and subsequently make a decision of Phase 1. Additional phase approvals are not requested at this time and will require a separate final plat approval. 2. Any land being divided into ten or more lots, unit lots or tracts is subject to subdivision review. Subdivisions require preliminary plat approval by the Hearing Examiner. After preliminary plat approval, access and utilities for the project are built prior to final plat approval. The decision of the final plat is made by the City Council. The Hearing Examiner Review approved the preliminary plat and design review on October 9, 2017. 3. The Tukwila South area contains several zoning designations, which include: Low Density Residential (LDR); Tukwila Valley South (TVS); Heavy Industrial (HI); and Mixed Use Office (MUO). The area subject to this plat is zoned LDR, TVS, and MUO. The entire Tukwila South area includes an overlay which supersedes the underlying zoning. As indicated in TMC 18.41.010, the TSO "may be applied by the City Council to any property lying within the Comprehensive Plan's Tukwila South Master Plan." 4. The project site is generally bounded by S 180th St. to the north; S. 204th St. to the south; the Green River to the east; and Orillia Road and Interstate 5 to the west. Phase 1 will create lots 1, 2, and 3, along with five Sensitive Area Tracts, two Regional Detention Tracts, and 14 Future Development Tracts. 5. Lots 1, 2, and 3 are provided with utilities and adequate access infrastructure. Future Development Tracts will be provided with access at time of final plat for those tracts; utilities are currently capped for each proposed Future Development Tract. 6. Phase 1 is designed so that it can function and meet all Tukwila Municipal Code requirements. Future phases will be reviewed subsequently. 7. The proposed final plat meets Tukwila Municipal Code requirements for final plats, as specifically noted below: a) TMC 17.14.030 A. Application Requirements b) TMC 17.14.030 B. Review Procedures c) TMC 17.14.030 C. Criteria for Final Plat: a) The proposed plat bears the required certificates and statements of approval. Tukwila City Council Regular Meeting Minutes December 4, 2017 Page 4 of 13 ii) A title insurance report furnished by the subdivider confirms the title of the land and the proposed subdivision is vested in the name of the owner(s) whose signature appears on the plat certificate. iii) Facilities and improvements required to be provided by the subdivider have been completed for Phase 1. iv) Land surveyor has signed the plat. v) The plat is in conformance with the approved preliminary plat. vi) The plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary approval. 8. The proposed plat complies with the phasing requirements listed under TMC 17.14.040. 9. All infrastructure required as part of the preliminary approval for Phase 1 has been constructed and reviewed and accepted by the City's Public Works, Fire and Department of Community Development. The City's Finance Department has confirmed that no assessments are delinquent. RECOMMENDATIONS Approval of the Final Subdivision application for Phase 1 of the Tukwila South Project and approval of the phasing plan. Mr. Baker utilized a Powerpoint to provide additional information, with the following key points: Review Process History • In 2005 the City issued a Final Environmental Impact Statement under SEPA. • In 2009 the City and Applicant entered into a development agreement for the Project. • In 2010 the City approved a Sensitive Areas Master Plan. • In 2011 the City issued a grading permit for mass grading of the Tukwila South area. • On September 19, 2017 the Hearing Examiner held a public hearing for a Preliminary Plat application. Approval for the Preliminary Plat by the Hearing Examiner was provided on October 9, 2017. Subdivision Layout The Tukwila South property is proposed to be initially split into 14 "Future Development Tracts", two "Open -Space Tracts", two "Regional Detention Tracts", five "Sensitive Area Tracts", and one "Non - Buildable Tract." The property is subsequently divided into 42 lots, ranging in size from 1.40 acres to 21.55 acres. The larger lots are intended for use by large scale campus -style development for regional employers. The smaller lots will allow for street level retail uses to serve the office/campus and residential uses. Sensitive Area Tracts Lands that primarily contain sensitive areas as identified in the Sensitive Area Master Plan (SAMP) Future Development Tracts Lands that include one or more future lots and/or Non -Buildable Tracts (NBTs), which lots and tracts will be finalized and recorded with later phases of the final plat. Non -Buildable Tracts Lands that are not suitable for development due to unavailability of utilities and/or access. Such tracts are reserved by Segale Properties, LLC, its successors and assigns for future development, provided that no development shall occur nor will the City of Tukwila issue any type of development permits until: A) The property owner is granted approval by the City of Tukwila to remove the Non -Buildable Tract status by going through a plat alteration process pursuant to RCW 58.17.215; and B) Utilities and access that meet the City of Tukwila's adopted standards are provided to these tracts. Regional Detention Tracts Lands that contain a regional detention pond. Open Space Tracts Lands not suitable for development. Open space tracts will be owned and maintained by Segale Properties, LLC and may be conveyed to an owner's association in the future. Construction of pavement Tukwila City Council Regular Meeting Minutes December 4, 2017 Page 5 of 13 structures shall be prohibited on open space tracts, provided that limited development of trails and/or other recreational facilities, consistent with applicable codes, laws and regulations, shall be allowed. Lot Developable lands accessed via an existing road with water, sewer, stormwater and all dry utilities (e.g., power and cable) stubbed to each lot. Staff Recommendation Approval of the Final Subdivision application for Phase 1 of the Tukwila South Project and approval of the phasing plan. Mayor Ekberg asked for a presentation by the applicant on the Tukwila South Final Plat — Phase 1 project. Per the agenda procedures, 15 minutes will be allowed for the applicant report. Nancy Rogers, land use attorney with Cairncross and Hempelmann, is representing the Segale's interests in this matter. Ms. Rogers expressed that Mark and Kirstin Segale are here this evening and in support of the staff's recommendation for approval of the final plat and the phasing plan. She emphasized that both the City Code and State Law are clear that when a legislative body finds that a final plat conforms to the terms of the preliminary plat approval, the Council shall approve that final plat. The information provided tonight confirms those findings for final approval of the plat. Mayor Ekberg asked if either staff or the applicant had any other comments. Per the agenda procedures, 5 minutes is allowed by each for rebuttal. There were no rebuttals. Mayor Ekberg called for public comments. Bruce Mitchell represents Mitchell Moving and Storage, which has been in Tukwila since 1968. Mr. Mitchell submitted written comments for the record. He explained that there has been flooding on his property for several years. There is some sort of problem with the water table or the river level that is flooding recessed docks that have been there since 1968. He asked that Council give attention as they move on to the grading plans that were submitted for the project which say there will be no flooding. 7:22 p.m. Mayor Ekberg closed the public hearing. UNFINISHED BUSINESS a. Motion to approve the application for Tukwila South Final Plat — Phase 1, creating a new lot layout and phasing plan for parcels within the Tukwila South Development, located generally in the area bounded by South 180th Street to the north, South 204th Street to the south, the Green River to the east and Orillia Road and 1-5 to the west as adopted by and set forth in the findings of fact, conclusions, and recommendations contained in the staff report for L17-0068 as the City Council's final decision on this matter. MOVED BY ROBERTSON, SECONDED BY HOUGARDY TO APPROVE THE APPLICATION FOR TUKWILA SOUTH FINAL PLAT — PHASE 1, CREATING A NEW LOT LAYOUT AND PHASING PLAN FOR PARCELS WITHIN THE TUKWILA SOUTH DEVELOPMENT, LOCATED GENERALLY IN THE AREA BOUNDED BY SOUTH 180TH STREET TO THE NORTH, SOUTH 204TH STREET TO THE SOUTH, THE GREEN RIVER TO THE EAST AND ORILLIA ROAD AND 1-5 TO THE WEST AS ADOPTED BY AND SET FORTH IN THE FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATIONS CONTAINED IN THE STAFF REPORT FOR L17-0068 AS THE CITY COUNCILS FINAL DECISION ON THIS MATTER.* Councilmember McLeod inquired if there is a solution based on the public comment regarding flooding. Additionally, he asked how long the phasing will take. In response to the phasing question, Maxwell Baker, Assistant Planner, said that every phase would need to occur before the 5 -year expiration of the preliminary plat. Tukwila City Council Regular Meeting Minutes December 4, 2017 Page 6 of 13 In response to the flooding issue, Robin Tischmak, Acting Public Works Director, explained that conversations are ongoing with Mr. Mitchell to assist with this matter. Mr. Tischmak emphasized the location is part of the private property, and City staff is limited in that regard. They have asked Mr. Mitchell to provide as-builts for the system and to have it cleaned and inspected, as that may provide some insight into what is occurring. Councilmember McLeod said if the application is approved tonight, would that change the course of action with Mitchell Moving. Mr. Tischmak said they will continue trying to determine what is occurring on the property. Jack Pace, Community Development Director, said under the subdivision ordinance and when dealing with a final plat, the decision is based on whether it complies with the conditions of the preliminary plat approval by the hearing examiner. The flooding matter was not an issue brought up to the hearing examiner, nor were there any conditions related to it. The final plat decision has to be tied to the criteria, and there is no record of the flooding issue in the preliminary plat approval. Mayor Ekberg emphasized while it may not be a part of this process, the City will still work with Mr. Mitchell to secure a resolution. Councilmember Hougardy said this project is consistent with the City's Comprehensive Plan, the Shoreline Master Plan, the Tukwila Valley South Master Plan, and the Development Agreement, and she supports approving the application. Councilmember Seal said she is thrilled to see this come before the Council and is in favor of approving the application. Council President Robertson said this project will be good for the City and the region. *MOTION CARRIED 7-0. b. A report from the Public Safety Bond Financial Oversight Committee. Sean Goode, Chair, Public Safety Bond Financial Oversight Committee. Councilmember Seal introduced Sean Goode, Chair of the Public Safety Bond Financial Oversight Committee, to the City Council. Mr. Goode provided a summary of the report to the City Council. The Public Safety Bond Financial Oversight Committee met in open session on Thursday, June 29, 2017 at 4:00 p.m. at Tukwila City Hall. Pursuant to Ordinance 2509 and Resolution 1892, during this meeting the Committee reviewed status and expenditure reports relating to the Public Safety Bond as approved by Tukwila voters at the November 8, 2016 General Election. City staff also provided an overview of the Public Safety Plan as well as schedules relating to construction and public outreach. As required by the Charter, the Committee elected a Chair (Sean Goode) and Vice -Chair (Jessica Jerwa) and approved by- laws. Minutes of this meeting are attached to this report in the packet. With regard to bond finances, the Oversight Committee reviewed a list of contracts and a report of revenues and expenditures through May 31, 2017. The Committee found that expenditures to date were in compliance with the purposes of the Public Safety Bond and reported the same to the City Council's Finance Committee on September 6, 2017. The Oversight Committee met again on October 19, 2017 in open session at Tukwila City Hall. During this meeting, the Committee received an overview of the current status of the projects, then reviewed a report of all Public Safety Bond expenditures through August 2017. The Committee also reviewed a list of all Public Safety Plan contracts as of August 2017. Draft minutes of this meeting are also in the agenda packet along with a copy of the materials that were reviewed. The Committee finds the bond expenditures to date are in compliance with the purposes of the Public Safety Plan. Tukwila City Council Regular Meeting Minutes December 4, 2017 Page 7 of 13 The Committee understands that the work is expected to intensify in 2018 due to the number of Public Safety Plan projects and activities in progress, and they would appreciate any feedback from the City Council regarding expectations for next year. In particular, Mr. Goode referenced that due to rising construction costs, the amount needed for the project is in excess of what has been projected. While they have stewardship over the project, they are unable to dictate what happens. The Councilmembers asked clarifying questions regarding the presentation and exchanged comments as follows: • The significance of the Public Safety Bond Financial Oversight Committee receiving updated project costs in a timely manner and being involved early on in the process. • The importance of the Committee continuing to ask the hard questions and expressing concerns. • It is crucial that the Committee continue looking at the numbers and advise the Council on what a reasonable and prudent person would do under the emerging conditions. • The benefit to the City by the Committee looking at the issues through the community lens. • The participation by the Committee and their input to the City Council as the process plays out is vital to Tukwila. Councilmember Kruller inquired regarding dwindling attendance by some of the Public Safety Plan Financial Oversight Committee members. Jessica Jerwa, Vice Chair, said that now is a good time to reach out to those members to see if the commitment remains or if it may be time to onboard new members. The Mayor and Councilmembers thanked Mr. Goode and Ms. Jerwa for their commitment and the information provided in the presentation. c. An update on the homeless encampment policy. Kraig Boyd, Acting Police Commander, utilized a Powerpoint presentation to provide an overview of this issue. Definitions and Classification 4 types of homelessness: 1. The indigent or those who fall on hard times 2. Addiction Issues 3. The severely mentally ill 4. The criminal element Legal Issues and Process • Legal Precedent • Availability of Resources Standard Operating Procedures — Homeless Encampment Clean-up Program • Notification • Assessment • Response/Enforcement • Clean-up • Monitor Notification Assessment Response/Enforcement Clean-up -Tukwila Works -Tukwila Police Patrol -Site Visit -Deploy Resources -Notification to Vacate -Sound Mental Health/ Tukwila Human Services Team -Tukwila Police Community Partners -Debris Removal -Site Reclamation -Post "No Trespassing" signs Tukwila City Council Regular Meeting Minutes December 4, 2017 Page 8 of 13 Success Story — Tukwila Homeless Resident Mr. Johnson was first contacted in November 2016. He had been homeless and living on the street for several years. Mr. Johnson also had an alcohol problem and was offered homeless resources such as transitional resources and alcohol and drug rehabilitation treatment but refused. Mr. Johnson said that he enjoyed living under the bridge where he had a lot of freedom and nobody bothering him. In April 2017, Mr. Johnson agreed to get help via Sound Mental Health. On November 6, 2017, Mr. Johnson was approved for permanent housing in Burien, WA. Recreational Vehicles (RVs) and Other Vehicles • The Tukwila Municipal Code (TMC) allows vehicles to be in one location for 72 hours. • Police cannot tow an RV if it is occupied. • Officers use the same outreach procedure for vehicles as for encampments. The Councilmembers asked clarifying questions regarding the presentation and offered the following comments: • The Council is open to looking at success stories from other agencies, assessing current policies, and working with legislators to mitigate the issues. • Seeking additional resources such as services provided by Mary's Place are important considerations. • Sometimes even when housing is available, people choose to remain homeless due to the opioid crisis and mental illness. • More and more families with young children are affected by homelessness. • A holistic approach such as forming a consortium, similar to what is occurring in other areas of the region could provide greater leverage toward success. • The Councilmembers would like continued presentations on issues regarding homelessness. The Mayor and Councilmember thanked Mr. Boyd for his informative presentation and the work done in the community by the Police Department. d. A resolution adopting a City equity policy. MOVED BY SEAL, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE READ IN ITS ENTIRETY. MOTION CARRIED 7-0. Christy O'Flaherty, City Clerk, read the proposed resolution in its entirety. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A CITY EQUITY POLICY. MOVED BY SEAL, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7-0, TO ADOPT RESOLUTION NUMBER 1921. e. An ordinance adopting a new chapter of the Tukwila Municipal Code related to vehicle trespass, to be codified as Tukwila Municipal Code Chapter 8.26. MOVED BY MCLEOD, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7-0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER OF THE TUKWILA MUNICIPAL CODE RELATED TO VEHICLE TRESPASS, TO BE CODIFIED AS TUKWILA MUNICIPAL CODE CHAPTER 8.26; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. 8:33 p.m. Councilmember Duffie exited the Council Chambers. Tukwila City Council Regular Meeting Minutes December 4, 2017 Page 9 of 13 MOVED BY SEAL, SECONDED BY QUINN THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6-0, WITH DUFFIE ABSENT, TO ADOPT ORDINANCE NUMBER 2560. f. A resolution updating and clarifying non -represented employees' compensation and adopting the non -represented salary schedule and benefits summary, effective January 1, 2018. MOVED BY SEAL, SECONDED BY HOUGARDY THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6-0, WITH DUFFIE ABSENT. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND CLARIFYING NON -REPRESENTED EMPLOYEES' COMPENSATION, AND ADOPTING THE NON - REPRESENTED SALARY SCHEDULE AND BENEFITS SUMMARY, EFFECTIVE JANUARY 1, 2018. MOVED BY SEAL, SECONDED BY KRULLER THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6-0, WITH DUFFIE ABSENT, TO ADOPT RESOLUTION NUMBER 1922. g. An ordinance to update regulations regarding distribution of Real Estate Excise Tax (REET). Rachel Bianchi, Communications and Government Relations Manager, explained that a question came up at the last Committee of the Whole meeting regarding this ordinance. The way the proposed ordinance is currently worded, the funds can be used for any project being funded by 301, 305, or 306. Fund 305 is clearly limited to Public Safety Plan projects, however, it is possible that the City Facilities Fund (306) could include projects besides Public Safety Plan projects, depending on what is in the CIP (Capital Improvement Program). To better strengthen the language, an amendment to Section B of the ordinance could be made based on the strike -through underlined version that has been put on the dais for Council consideration. MOVED BY ROBERTSON, SECONDED BY MCLEOD THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6-0, WITH DUFFIE ABSENT. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1674; AMENDING ORDINANCE NO. 1400 §4, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 3.56.040, TO UPDATE REGULATIONS REGARDING DISTRIBUTION OF REAL ESTATE EXCISE TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY ROBERTSON, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* 8:37 p.m. Councilmember Duffie returned to the Council Chambers. MOVED BY HOUGARDY, SECONDED BY ROBERTSON TO AMEND SECTION B OF THE ORDINANCE AS FOLLOWS: B. The remaining proceeds from City taxes imposed herein shall be distributed to the City on a monthly basis, and shall be placed by the Finance Director in the Land Acquisition, Recreation and Park Development Fund (301), and may be used in conjunction with any project within this fund. Tax proceeds collected pursuant to this chapter may also be placed by the Finance Director into the Public Safety Plan Fund (305) or the City Facilities Fund (306), provided the tax funds placed therein are used only for projects that are a part of the City's Public Safety Plan and use in conjunction with any project within these funds. MOTION CARRIED 7-0. Tukwila City Council Regular Meeting Minutes December 4, 2017 Page 10 of 13 *MOTION CARRIED 7-0, TO ADOPT ORDINANCE NUMBER 2561, AS AMENDED. h. Authorize the Mayor to sign Contract Change Order No. 9 to contract #14-067 (Final Settlement) with Walsh Construction for the Interurban Avenue South Project in the amount of $1,081,259.15. MOVED BY QUINN, SECONDED BY KRULLER TO AUTHORIZE THE MAYOR TO SIGN CONTRACT CHANGE ORDER NO. 9 TO CONTRACT #14-067 (FINAL SETTLEMENT) WITH WALSH CONSTRUCTION FOR THE INTERURBAN AVENUE SOUTH PROJECT IN THE AMOUNT OF $1,081,259.15. MOTION CARRIED 7-0. i. An ordinance authorizing and providing for the acquisition of interests in land for the purpose of completing the 53rd Avenue South roadway and surface water drainage system projects; providing for condemnation, appropriation, taking of land and property rights necessary therefor; providing for payment thereof and directing the initiation of appropriate proceedings in the manner provided by law and for said condemnation. NOTICE OF FINAL ACTION MOVED BY KRULLER, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7-0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE 53RD AVENUE SOUTH ROADWAY AND SURFACE WATER DRAINAGE SYSTEM PROJECTS; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR PAYMENT THEREOF AND DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW AND FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Mayor Ekberg asked if anyone in the audience had comments on this item. There were no public comments. MOVED BY KRULLER, SECONDED BY MCLEOD THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7-0, TO ADOPT ORDINANCE NUMBER 2562. REPORTS a. Mayor Mayor Ekberg reported that last week the Washington State Department of Employment recognized G4S Security in Tukwila for hiring a veteran. They received a "Hire a Vet Award," and are proud that 36% of their personnel are veterans. b. City Council Councilmember Hougardy attended the SCA (Sound Cities Association) membership meeting on November 29, 2017, where the budget was adopted for 2018. Peter Kageyama, the award winning author who wrote "For the Love of Cities" was in attendance. She also attended the December 2, 2017 Public Safety Plan Open House event, which was well attended and very beneficial. Councilmember Quinn attended the TIBAC (Tukwila International Boulevard Action Committee) cleanup event on December 2, 2017. That same day, he also attended the Public Safety Plan Open House event, which generated great dialogue in the community. Tukwila City Council Regular Meeting Minutes December 4, 2017 Page 11 of 13 Councilmember Kruller attended the SCA (Sound Cities Association) membership meeting on November 29, 2017 as a voting representative for the budget. She displayed the 2 books written by Peter Kageyama, and emphasized that the books reference dog friendly cities being a catalyst to community engagement. She advocated, again, for a dog park in the Tukwila community and would like to see traction gained on this issue. She encouraged the Council to sign up for SCA regional committees, as there are many valuable openings where involvement would benefit the City. Councilmember McLeod attended the TIBAC (Tukwila International Boulevard Action Committee) cleanup event on December 2, 2017 and the Public Safety Plan Open House that same day. He inquired regarding the summary in the CA (City Administrator) Report pertaining to the Ryan Hill Neighborhood Meeting and asked when the responses would be compiled. David Cline, City Administrator, replied that he would get back to the full Council regarding the availability of the information. c. Staff David Cline, City Administrator, referenced the City Administrator (CA) Report and Monthly Public Safety Plan Update in the packet and offered to answer any questions. Additionally, he said that Steve Goldblatt, the PMQA (Project Management Quality Assurance) consultant let him know that the Project Review Committee provided unanimous approval (8-0) for GC/CM (General Contractor Construction Management) for the Public Safety Plan Justice Center site. Many contractors are looking forward to the RFP (Request for Proposals) on the project in December. Council President Robertson referenced the portion of the Public Safety Plan report on page 299 in the agenda packet regarding a December 18 date to provide estimated costs for the Justice Center. Mr. Cline responded that estimated costs would be provided on December 18. Additionally, Mr. Robertson inquired about the Disadvantaged Business Enterprises and apprenticeship utilization discussion and asked if the Public Safety Committee would be making those decisions. Mr. Cline responded that the decision making would come through the normal Council process in January. d. City Attorney There was no report. e. Council Analyst The Council Analyst was not present. Council President Robertson referenced that the Program Management Quality Assurance (PMQA) report for the Public Safety Plan is in the packet. MISCELLANEOUS Councilmember Duffle relayed that a citizen contacted him about the timeline for the 53rd Avenue South project. Robin Tischmak, Acting Public Works Director, said the intent is to go out for bid in January 2018. Council President Robertson said the Council received an email from Rachel Bianchi, Communications and Government Relations Manager, regarding potential changes to the State's marijuana laws that could allow recreational growth of marijuana in homes. He is concerned that if the legislature intends to act on this soon, the City may not have time this year to take action as City Council meetings are ending for the year. He would like to contact Jennifer Ziegler, the City's lobbyist, to get information and bring it back to the December 11 Council meeting. The Councilmembers discussed this issue and it was determined that speaking with City legislators at the luncheon scheduled to occur tomorrow, December 5, would be the best next step. Mayor Ekberg also relayed that the City lobbyist will be at the luncheon and more information can be attained. Councilmember Kruller referenced receipt of a letter last week from the Mayor regarding Mary's Place (emergency shelter for homeless families). This issue has come before the CDN (Community Development and Neighborhoods) Committee twice. Mary's Place intended to use the Desimone property at the old Barnaby's Restaurant location. The Council then received a letter from Mary's Place Tukwila City Council Regular Meeting Minutes December 4, 2017 Page 12 of 13 withdrawing their application, with a primary focus on the need to have walk-in capabilities as part of their program. With Tukwila having high percentages of homeless children, the City should be seeking to use Mary's Place as a resource. Every other City in the region has managed to work with Mary's Place. Ms. Kruller felt the direction from the CDN Committee was to go back and re-engage immediately with Mary's Place to "roll out the welcome mat" and re -open discussions. She submitted a copy of the Mayor's letter for the record and expressed great disappointment at this impasse with no timelines for moving forward. She would like City administration to move forward very quickly with a timeline on next steps for the Council on this issue. 9:03 p.m. Councilmember Seal exited the Council Chambers. 9:04 p.m. Councilmember Seal returned to the Council Chambers. Council President Robertson expressed that a working agreement with Mary's Place in Tukwila would be good for the City, and the Mayor's letter is appropriate in leaving the door open for action to be taken. The issue of daytime use was one element of concern, along with various issues associated with development of property that is located in the shoreline zone. If another location could be found for Mary's Place in the City, it would be very desirable. If any Councilmember would like to talk with Mary's Place officials for fact finding, that is also appropriate. David Cline, City Administrator, said the City has been working with Mary's Place for over a year. Mary's Place typically works with property owners who are willing to give them properties to use. The Desimone Trust had the Barnaby's Restaurant site, and the conversation began for Mary's Place. Councilmember McLeod relayed the importance of the City not remaining in a space of missed opportunity, due to a great regional need related to homelessness. Councilmember Hougardy, Chair of the CDN (Community Development and Neighborhoods) Committee explained that there had been a proposed agreement with Mary's Place, however, it had not gone to their Board of Directors. As additional vetting occurred, issues associated with improvements based on the proximity to the shoreline started triggering non -conforming uses. It was the decision of Mary's Place not to choose the "Barnaby's" location. The welcome mat remains out for Mary's Place in the City. Councilmember Quinn would like to keep the conversation moving forward to meet the needs of the community. Councilmember Kruller relayed that in 9 months, the item did not come back to CDN for more discussion. The withdrawal letter from Mary's Place did not focus on code issues, rather, the day walk-in program for people with children that was not possible in Tukwila. The delays may well have also caused loss of "grandfathering" opportunities. From her standpoint, the item should come back to CDN as soon as possible, as it is embarrassing that Tukwila is the only City who has not been able to engage with Mary's Place. Mayor Ekberg emphasized that he is very supportive of Mary's Place and has toured their facilities and has seen the heartbreak. His encounter while touring Mary's Place was reminiscent of experiences with his own mother when he was a child. He has an open invitation to Mary's Place; staff has been looking in the City for properties. He asked the Council to make him aware if they know of any properties that may be viable candidates for Mary's Place. He is very sorry this property did not work out. It was presented to CDN with intent to make it happen, until Mary's Place sent a letter withdrawing their application. The door to Tukwila is open for Mary's Place. EXECUTIVE SESSION — 15 minutes Potential Litigation — Pursuant to RCW 42.30.110(1)(i) Mayor Ekberg announced the Council will now go into Executive Session to discuss: Potential Litigation — Pursuant to RCW 42.30.110(1)(i) Tukwila City Council Regular Meeting Minutes December 4, 2017 Page 13 of 13 The discussion will last no more than 15 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. The doors will be opened and the public invited to enter the Council Chambers for that discussion and potential action. 9:26 p.m. Mayor Ekberg called for a brief recess to allow the audience to exit the Council Chambers. Executive Session Start: 9:31 p.m. Attendees: Mayor Ekberg; David Cline, City Administrator; Ann Marie Soto, Assistant City Attorney; Robin Tischmak, Acting Public Works Director; Councilmembers Duffie, Robertson, Seal, Hougardy, Quinn, Kruller, and McLeod. Executive Session End: 9:33 p.m. 9:34 p.m. Mayor Ekberg reconvened the Regular Meeting. AGENDA AMENDMENT MOVED BY ROBERTSON, SECONDED BY KRULLER TO AMEND THE AGENDA TO ADD A NEW BUSINESS ITEM TITLED "CR2A AGREEMENT." MOTION CARRIED 7-0. NEW BUSINESS CR2A Agreement MOVED BY ROBERTSON, SECONDED BY KRULLER TO RATIFY AND APPROVE A CR2A AGREEMENT WITH WALSH CONSTRUCTION COMPANY II, LLC, REGARDING THE TUKWILA INTERURBAN AVENUE SOUTH, SOUTH 143RD STREET TO FORT DENT WAY PROJECT, IN THE AMOUNT OF $1,425,000.00 PER THE TERMS OF THE AGREEMENT. MOTION CARRIED 7-0. ADJOURNMENT 9:36 p.m. MOVED BY SEAL, SECONDED BY DUFFIE TO ADJOURN THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL. MOTION CARRIED 7-0. 7 Allan Ekberg, Mayor Christy O'Flaherty, ecords Governance Manager/City Clerk APPROVED BY THE CITY COUNCIL: 1/2/18 AVAILABLE ON CITY WEBSITE: 1/3/18