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HomeMy WebLinkAbout2018-07-02 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES Regular Meeting July 2, 2018 — 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 7:01 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, Records Governance Manager/City Clerk, called the roll of the Council. Present were Councilmembers Dennis Robertson, Kathy Hougardy, Verna Seal, Kate Kruller, Thomas McLeod, Zak Idan. MOVED BY SEAL, SECONDED BY KRULLER TO EXCUSE COUNCILMEMBER QUINN FROM THE MEETING. MOTION CARRIED 6-0. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Rachel Turpin, City Attorney (via video/audio); Jay Wittwer, Fire Chief; Rick Mitchell, Deputy Police Chief; Henry Hash, Public Works Director; Cyndy Knighton, Senior Engineer; Jack Pace, Community Development Director; Nora Gierloff, Deputy Community Development Director; Minnie Dhaliwal, Planning Supervisor; Stephanie Brown, Human Resources Director; Erika Eddins, Human Resources Analyst; Joseph Todd, Technology and Innovation Services Director; Marcus Chinn, Systems Administrator; Christy O'Flaherty, Records Governance Manager/City Clerk. PUBLIC COMMENTS David Brown, 14722 58th Avenue South, reiterated the need for the City Council to create legislation that regulates dead trees on private property that threaten the property and lives of others. Tall grass is regulated and enforced in Tukwila, but not dead trees that could cause harm to others. He will be spending $600 to remove the portion of a neighbor's dead tree that is on his property. He said the Council will need to take responsibility when something harmful happens due to this condition. Councilmember Robertson said he supports a discussion in the CDN (Community Development and Neighborhoods Committee) on this topic. Perhaps a survey can be conducted of what other jurisdictions are doing regarding this issue. Councilmember Kruller, Chair of the CDN Committee, asked that City Administration, Code Enforcement and the City Attorney review this issue. Staff could do the comparison, and if Tukwila is out of sync, it should come before the CDN. Mayor Ekberg responded in the affirmative. Councilmember McLeod said he supports discussion at a Committee level. Dave Puki, 3748 South 152hd Street, said that while he supports the ADU (Accessory Dwelling Unit) legislation on the agenda this evening, he has concerns regarding short term rentals. He attended a recent Planning Commission meeting, and from his perspective, there is an effort to co -mix short term rentals and ADUs, such that ADUs could be used as a short term rental. Two people testified at that meeting who have illegal ADUs and are using them as Airbnb/bed and breakfast rentals. He does not believe that is the intent of the ADU ordinance. He has concerns that code enforcement staff do not have the tools to deal with enforcement that may involve boarding houses, temporary lodging, roommates, parking, etc. He would like to see code enforcement resources provided to deal with those types of Tukwila City Council Regular Meeting Minutes July 2, 2018 Page 2 of 7 issues. He supports ADUs and does not approve of short term rentals, particularly if emerging issues cannot be enforced. CONSENT AGENDA a. Approval of Minutes: 6/18/18 (Regular) b. Approval of Vouchers #378200-378302; #180500, 180604, 180701 in the amount of $2,559,234.08 • - _ _ - :tanoe-ef a grant award for Congestion-Mit+gation and Air Qu- West Valley Highway (1 405 to Strander Boulevard) Project in the amount of $627,903.00. rded to Consent by the Transportation and Infra&tructurc Committee on 6/25118.] d. Authorize the Mayor to sign Supplement No. 1 to contract #18-056 with TranTech Engineering, LLC, for the South 196th/200th Street Bridge repairs in the amount of $20,000.00. (bringing the total contract amount to $59,950.00). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 6/25/18.] MOVED BY KRULLER, SECONDED BY SEAL THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Councilmember Robertson requested that Item 3C be removed from the Consent Agenda to be discussed under New Business. *MOTION CARRIED 6-0. UNFINISHED BUSINESS a. A resolution opposing the separation of migrating children from their families. MOVED BY SEAL, SECONDED BY ROBERTSON THAT THE PROPOSED RESOLUTION BE READ IN ITS ENTIRETY. MOTION CARRIED 6-0. Christy O'Flaherty, City Clerk, read the proposed resolution in its entirety. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, OPPOSING THE SEPARATION OF MIGRATING CHILDREN FROM THEIR FAMILIES. MOVED BY SEAL, SECONDED BY ROBERTSON THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Upon inquiry from Councilmember Kruller, Council President Seal explained that she and the Council Analyst drafted the ordinance, and it was approved by the City Attorney. Additional language was added by the Council at the last Committee of the Whole meeting. Council President Seal thanked the Council for moving quickly on this important issue. She expressed pride in the Council and the position the City has taken on being inclusive. She will ensure this resolution is sent to the federal delegation in Washington DC. Councilmember Kruller emphasized it is important to focus on the policy aspect of this issue, and it is not meant to be an attack on those individuals, who by nature of their jobs, must enforce the policies. This is also a difficult period for many of those who are bound by law to enforce these policies. *MOTION CARRIED 6-0, TO ADOPT RESOLUTION NUMBER 1937. b. A resolution adopting the Six -Year Transportation Improvement Program for 2019-2024. MOVED BY MCLEOD, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. Tukwila City Council Regular Meeting Minutes July 2, 2018 Page 3 of 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM (2019-2024), AND DIRECTING THE SAME TO BE FILED WITH THE STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. MOVED BY MCLEOD, SECONDED BY HOUGARDY THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6-0, TO ADOPT RESOLUTION NUMBER 1938. c. An ordinance renewing a six-month moratorium within the Tukwila International Boulevard Study Area in the City of Tukwila on the development of certain uses such as hotels, motels, extended -stay facilities or auto -oriented uses. MOVED BY SEAL, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX-MONTH MORATORIUM WITHIN THE TUKWILA INTERNATIONAL BOULEVARD STUDY AREA IN THE CITY OF TUKWILA ON THE DEVELOPMENT OF CERTAIN USES SUCH AS HOTELS, MOTELS, EXTENDED -STAY FACILITIES, OR AUTO -ORIENTED USES; SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM RENEWAL; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY SEAL, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6-0, TO ADOPT ORDINANCE NUMBER 2579. d. An ordinance amending various ordinances as codified in Tukwila Municipal Code Title 18, "Zoning Code," to adopt residential development standards and residential design guidelines for the Tukwila South Overlay Zone with underlying zoning of low density residential on land that immediately adjoins land located in the City of SeaTac to the east of Interstate 5. MOVED BY KRULLER, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO ADOPT RESIDENTIAL DEVELOPMENT STANDARDS AND RESIDENTIAL DESIGN GUIDELINES FOR THE TUKWILA SOUTH OVERLAY ZONE WITH UNDERLYING ZONING OF LOW DENSITY RESIDENTIAL ON LAND THAT IMMEDIATELY ADJOINS LAND LOCATED IN THE CITY OF SEATAC TO THE EAST OF INTERSTATE 5; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HOUGARDY, SECONDED BY MCLEOD THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6-0, TO ADOPT ORDINANCE NUMBER 2580. e. An ordinance amending various ordinances and table 18-6, "Land Uses Allowed by District," as codified in Title 18, "Zoning," of the Tukwila Municipal Code, and adding new sections to Title 18, pertaining to Accessory Dwelling Unit (ADU) regulations. Tukwila City Council Regular Meeting Minutes July 2, 2018 Page 4 of 7 MOVED BY SEAL, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKVVILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AND TABLE 18-6, "LAND USES ALLOWED BY DISTRICT," AS CODIFIED IN TITLE 18, "ZONING," OF THE TUKWILA MUNICIPAL CODE, AND ADDING NEW SECTIONS TO TITLE 18, PERTAINING TO ACCESSORY DWELLING UNIT REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY SEAL, SECONDED BY MCLEOD THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilmember Hougardy thanked the staff and Council for working together to provide a beneficial ordinance to the community. Council President Seal explained that Councilmember Quinn had suggested additional language on page 109 of the packet (page 15 of the ordinance #8) that reflects ADUs should be designed and located in a manner that minimizes the impact on adjacent development. While Councilmember Quinn is not in attendance this evening, he reviewed and agreed with the changes. Based on a question by Councilmember Kruller, it was explained that staff drafted the amendments, using language utilized by the City of Ferndale that was approved by the City Attorney. Additionally, the Council selected 1,200 square feet as the maximum measurement as it relates to exceeding the permitted area for an attached or detached ADU relative to the amnesty period (page 111 of the packet/page 17 of the ordinance #2). In response to a question by Councilmember Kruller as to how the 1,200 square foot measurement was determined, Nora Gierloff, Deputy Community Development Director, said the Council split the difference between a shed/greenhouse at 1,000 sq. ft. and a garage at 1,500 sq. ft. Council President Seal said that as a part of the process, after 10 applications for ADUs are received, staff will return to the Council for further discussion. Councilmember Kruller said the Council has not taken this legislation lightly. She inquired about the process if complaints come in from the public regarding ADU requirements. Ms. Gierloff explained complaints would be investigated, and if the approved plan was not followed and/or if a modification did not reflect the approved building permit, action could be taken. *MOTION CARRIED 6-0, TO ADOPT ORDINANCE NUMBER 2581. NEW BUSINESS a. Authorize the Mayor to sign a Collective Bargaining Agreement with Teamsters Local #763 for the period of January 1, 2017 through December 31, 2018 for the Administrative/Technical unit. MOVED BY SEAL, SECONDED BY KRULLER TO AUTHORIZE THE MAYOR TO SIGN A COLLECTIVE BARGAINING AGREEMENT WITH TEAMSTERS LOCAL #763 FOR THE PERIOD OF JANUARY 1, 2017 THROUGH DECEMBER 31, 2018 FOR THE ADMINISTRATIVE/TECHNICAL UNIT.* Stephanie Brown, Human Resources Director, provided an overview of this topic. Tukwila City Council Regular Meeting Minutes July 2, 2018 Page 5 of 7 City staff, Labor Relations Consultant, and the Teamsters Local Union No. 763 representatives opened labor negotiations on November 18, 2016 to reach an agreement on a successor labor contract. A tentative agreement negotiated between the parties was reached resulting in a two-year agreement for the Administrative/Technical bargaining group for 2017-2018. The collective bargaining agreement for the Administrative/Technical group, provides for a wage increase of 1.8% in 2017, and 2.7 % in 2018. In addition, the group has agreed to accept the City's Self -Insured Medical Benefit Plan Design changes which will result in savings to the City's health care plan. Other negotiated changes the bargaining group will receive are two floating holidays, a voluntary supplemental benefit option to participate in Aflac and Legal Shield, and clarification of language for ease of administration, interpretation and application. Additionally, they would like to enter into a letter of agreement to be a part of the upcoming market study being undertaken by the City. Councilmember Kruller asked for greater clarity regarding participation in the market study. Ms. Brown said the City will convene a labor/management committee that will allow participation into the process and positions to be reviewed. Ms. Brown does not expect development of the framework to be lengthy and it can be shared with the City Council. *MOTION CARRIED 6-0. REMOVED FROM CONSENT AGENDA FOR DISCUSSION UNDER NEW BUSINESS: b. Authorize the acceptance of a grant award for Congestion Mitigation and Air Quality (CMAQ) for the West Valley Highway (1-405 to Strander Boulevard) Project in the amount of $627,903.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 6/25/18.] MOVED BY HOUGARDY, SECONDED BY MCLEOD TO AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FOR CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FOR THE WEST VALLEY HIGHWAY (1-405 TO STRANDER BOULEVARD) PROJECT IN THE AMOUNT OF $627,903.00.* Councilmember Robertson said this results in an additional $200,000 expenditure that was not planned. This project will cost the City $531,000 that has not been committed at this time. The City needs to look at every single expenditure due to the fact that sales tax is not coming in at a level that will support the budget or CIP as they are currently planned. He speculated that this construction project could cost more as is often possible with large projects. The City could choose to change course on this, and he would like to ensure the T&I (Transportation and Infrastructure) Committee, the Public Works Department and Administration have thought about what will be given up to allow the City to pay this added cost. Cyndy Knighton, Senior Engineer, said this project will design and construct a wide shared -use path (used by bikes and pedestrians) on West Valley Highway from the Longacres Way intersection south to the recently widened sidewalks next to the TUC (Tukwila Urban Center) Pedestrian Bridge and design non -motorized facilities in Longacres Way, which provides service to the Sounder train station. Funds for this CMAQ grant match requirement can come from the TIB (Transportation Improvement Board) grant. Additionally, some of the TIB grant match requirements were met with the CMAQ grant. This common practice helps minimize the City's general fund obligations. The City cost right now is $331,000, and they are asking for $200,000, for a total of $531,000. Grants continue to be available, and staff will pursue those opportunities. Councilmember Kruller expressed that the TIB grant provided for this project is hard fought funding that is received through a very competitive process. This is also a step in the right direction toward fulfilling other projects very important to the City, to include potential grant funding. Councilmember Idan said while the budget is precarious, there are off -ramps if necessary to re -assess next steps. While he does support the work that has gone into this so far, it does need to be watched closely moving forward. Tukwila City Council Regular Meeting Minutes July 2, 2018 Page 6 of 7 Councilmember Robertson conveyed that he will support this and asked that in the future, if there is any kind of an increase on projects, there will also need to be information regarding where the money is going to come from and/or what will be cut or decreased. The initial cuts will likely come out of capital in the transportation budget. Additional expenditures should be accompanied by an equal cut elsewhere in the budget. *MOTION CARRIED 6-0. REPORTS a. Mayor There was no report. b. City Council Councilmember Hougardy attended the AWC (Association of Washington Cities) Conference this past week in Yakima and provided an overview of the sessions she attended to include: The role of elected officials in human resources and labor matters; a redevelopment tour of downtown Yakima; leadership challenge with "trust" being the highest priority of a leader, green spaces, that involved an arboretum tour; parliamentary procedures, revitalizing space through use of empty storefronts to showcase public art; community based housing solutions used in Walla Walla; provision of broadband services for telecommuting; the "Rally in the Alley" in Sequim using dumpsters for community clean up; and issues related to homelessness. She was also a part of the nominating committee that selects those individuals to put forward for AWC Board positions. Issues throughout the state are unfunded mandates, funding aging infrastructure, homelessness, limited resources, impacts to suburbs based on housing and transportation in the City of Seattle. Council President Seal attended the King County LEOFF1 (Law Enforcement Officers and Firefighters) meeting and the Friends of the Tukwila Library meeting. She encouraged those with books, magazines or DVDs to donate them to the Friends of the Library. The funds go to after-school programming costs such as snacks for the students. She offered a reminder that fireworks are illegal in the City of Tukwila, however, there is a community display at Fort Dent Park on July 4. Councilmember Kruller attended the NLC (National League of Cities) forum in Arkansas. They advocate each year on behalf of cities at Washington DC and receive updates on what is occurring at the national level that can affect cities. She is a part of the Transportation and Infrastructure group, and it was conveyed that $941 million has been funded this year for projects and $1.1 trillion remains unfunded. Focus areas involved drones and unmanned vehicles. Grants for drones for law enforcement would be beneficial to Tukwila. She will continue to pursue workshops on these topics. She also went on a mobile tour of Little Rock, Arkansas. Part of the tour included a stop at a library where the group was introduced to Elizabeth Eckford, one of the Little Rock Nine (a group of nine African American students who enrolled at formerly all -white Central High School in Little Rock, Arkansas, in September 1957. The Governor ordered the National Guard to prevent the students from enrolling at the school.) Ms. Eckford offered to answer questions from the attendees and shared stories regarding what she had been through. Ms. Kruller received the book "Central in Our Lives," regarding the Little Rock incident as well as "The Worst First Day" that was autographed by Ms. Eckford. Additionally, Ms. Eckford referenced the "lost year," which reflected an effort to avoid de -segregating by not funding 4 high schools in Little Rock for one year. Councilrnember McLeod said he used 3 vacation days from his job to attend the AWC Conference in Yakima this past week. He noted that the Council not only attends 4 Council meetings and additional Council Committee meetings each month, but they also attend local and regional meetings. In the case of this AWC Conference, there was invaluable networking with Puget Sound Energy as it relates to small cell technologies and franchise agreements. Additionally, he met with Greg Armstrong with the Transportation Improvement Board (TIB), wherein important discussions regarding the Strander Project occurred with intent by all parties to strive to complete the project. He also met with Councilmembers from the City of SeaTac regarding the airport proviso that has been under discussion for some time. The benefits of the state and regional trainings provide invaluable opportunities for Tukwila. Tukwila City Council Regular Meeting Minutes July 2, 2018 Page 7 of 7 c. Staff David Cline, City Administrator, referenced the CA (City Administrator) report and Monthly Public Safety Plan report and offered to answer any questions. Councilmember Kruller referenced her comments from a few weeks ago as it relates to what other cities do as it relates to construction of large projects similar to Tukwila's Public Safety Plan. She would like to know if they complete the full construction or take a more incremental approach. She would like to see a report, hopefully, by the next Council meeting. d. City Attorney There was no report. e. Council Analyst The Council Analyst was not present. ADJOURNMENT 8:20 p.m. MOVED BY HOUGARDY, SECONDED BY MCLEOD TO ADJOURN THE REGULAR MEETING.,MOTION CARRIED 6-0. Allan Ekberg, Mayor ChristyO'Flaherl�i, Records Governance M ger/City Clerk APPROVED BY THE CITY COUNCIL: 7/16/18 AVAILABLE ON CITY WEBSITE: 7/17/18