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HomeMy WebLinkAbout2019-05-06 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES Regular Meeting May 6, 2019 — 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 7:00 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, De'Sean Quinn, Kate Kruller, Zak Idan. MOVED BY SEAL, SECONDED BY KRULLER TO EXCUSE COUNCILMEMBER MCLEOD FROM THE MEETING. MOTION CARRIED 6-0. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Andrew Tsoming, Assistant City Attorney; Jack Pace, Community Development Director; Minnie Dhaliwal, Planning Supervisor; Max Baker, Assistant Planner; Bruce Linton, Police Chief; Jay Wittwer, Fire Chief; Laurel Humphrey, Council Analyst; Christy O'Flaherty, Records Governance Manager/City Clerk. AGENDA AMENDMENT Mayor Ekberg announced that the applicant for the 2nd Quasi -Judicial Hearing made a written request today to remove their application from consideration at this time, thus necessitating the removal of agenda items 5B and 6B from the agenda. Based on the applicant's request, would the Council move to amend the agenda. MOVED BY ROBERTSON, SECONDED BY SEAL TO AMEND THE AGENDA TO REMOVE ITEMS 5B AND 6B FROM THE AGENDA. MOTION CARRIED 6-0. PROCLAMATIONS a. A proclamation recognizing May 15, 2019 as "Peace Officers Memorial Day. Dennis Robertson, Chair of the Public Safety Committee, read a proclamation proclaiming May 15, 2019 as Peace Officers Memorial Day in Tukwila and urged all citizens to remember those officers who gave their lives serving the public. b. A proclamation recognizing May 12-18, 2019 as "Affordable Housing Week." Mayor Ekberg read a proclamation declaring May 12-18, 2019 as Affordable Housing week in Tukwila, acknowledging that the City has recommitted itself to ensuring that our community thrives with opportunity and that all people in it live with dignity in safe, healthy, and affordable homes. PUBLIC COMMENTS Joe Duffie, 5332 South 140th Street, expressed his satisfaction at how well the construction project turned out on 53rd Avenue South. He suggested that next steps include speed bumps similar to those on South 160'h Street. Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 2 of 14 Peggy McCarthy, 14227 56th Avenue South, attended the Foster Golf Course Bridge event on Sunday, May 5, 2019. The bridge was named for Joe and Hazel Aliment due to their contributions and generosity to the City. The Aliments originally owned the Golf Course property. Billy Aliment, a former Tukwila Councilmember was in attendance and spoke at the event, and the family members were full of gratitude regarding the dedication. Ms. McCarthy thanked the Mayor, City Administration and the City Council for supporting this dedication. She also referenced the following people for their involvement in bringing about this dedication to the Aliment family: John McCarthy, Rick Still, Parks and Recreation Director; Warren Orr, Golf Coordinator; Robert Eaton, Parks and Recreation Manager; and Jamie King, Facilities Maintenance Technician. Todd Hutchinson, 13905 55th Avenue South, inquired regarding a development adjacent to his property near 5326 South 139th Street. David Cline, City Administrator, suggested Mr. Hutchinson work with the Community Development Director on this issue. CONSENT AGENDA a. Approval of Minutes: 4/15/19 (Regular Mtg.); 4/22/19 (Special Mtg.) b. Approval of Vouchers #380773-380901; #190300, #190402-190405 in the amount of $2,108,594.98 c. Accept as complete the 2018 Commercial Business District (CBD) Sewer Rehabilitation Project (contract #18-040) with Michels Corporation; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $411,460.27). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 4/16/19.] d. Accept as complete the Andover Park East Water and Sewer Replacement Project (contract #16-111) with Titan Earthwork, LLC; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $3,887,443.57). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 4/16/19.] e. Authorize the Mayor to sign a consultant agreement with MIG for an update to the PROS (Parks, Recreation and Open Space) Plan, in an amount not to exceed $125,000.00. [Reviewed and forwarded to Consent by the Community Development and Neighborhoods Committee on 4/23/19.] MOVED BY ROBERTSON, SECONDED BY SEAL THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 6-0. RECUSALS Councilmember Quinn said he is recusing himself from the following item as he works directly with Metro Transit. He will leave the Council Chambers for the Quasi -Judicial Public Hearing and the deliberation and vote on the King County Rezone/Comprehensive Plan Amendment (Project L18-0114) for the property located at 12677 East Marginal Way South in Tukwila. Councilmember Idan said that he works for King County and is recusing himself from the following item. He will leave the Council Chambers for the Quasi -Judicial Public Hearing and deliberation and vote on the King County Rezone/Comprehensive Plan Amendment (Project L18-0114) for the property located at 12677 East Marginal Way South in Tukwila. 7:14 p.m. Councilmembers Quinn and Idan left the Council Chambers. PUBLIC HEARING a. A Quasi -Judicial hearing to consider an amendment to the Comprehensive Plan and Zoning Maps designation of the west half of parcel #7345600766 from Low Density Residential (LDR) to Commercial —Light Industrial (C/LI) from King County at 12677 East Marginal Way South in Tukwila. Christy O'Flaherty, Records Governance Manager/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 Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 3 of 14 Meeting. The Council is being asked to conduct the public hearing this evening as part of the King County Rezone/Comprehensive Plan Amendment (Project L18-0114) for the property located at 12677 East Marginal Way South in Tukwila. 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 the applicant will be providing information on the project for 15 minutes each, 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. 7:15 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 Councilmembers: 1. Do you or your family have any interest in the subject property located at 12677 East Marginal Way South in Tukwila? ROBERTSON NO HOUGARDY NO SEAL NO QUINN RECUSED KRULLER NO McLEOD ABSENT IDAN RECUSED 2. Do you stand to gain or lose by your decision on this matter? ROBERTSON HOUGARDY SEAL QUINN KRULLER McLEOD IDAN NO NO NO RECUSED NO ABSENT RECUSED 3. Have you had any ex-parte communications regarding this application? ROBERTSON HOUGARDY SEAL QUINN KRULLER McLEOD IDAN NO YES, she had a conversation about logistics and the time of the meeting today, and nothing of substance regarding the topic was discussed. NO RECUSED NO ABSENT RECUSED 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. Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 4 of 14 The City Clerk stated that a report on the King County Rezone/Comprehensive Plan Amendment (Project L18-0114) will be provided by staff. Per the agenda procedures, 15 minutes will be allowed for the staff report. Max Baker, Assistant Planner, utilized a Powerpoint presentation to provide an overview of this proposal. File Numbers: Applicant: Project Name: Request: Location: Comprehensive Plan/ Zoning Designation: SEPA Determination: E18-0016 SEPA L18-0114 Comprehensive Plan Amendment and Rezone King County Metro King County Metro Training Facility Rezone Change Comprehensive Plan and zoning designation of west half of parcel 7345600766 from Low Density Residential to Commercial/Light Industrial 12677 EAST MARGINAL WAY S (Tax Parcel # 7345600766) Split Zoning: Low Density Residential (LDR) on western half, Commercial/Light Industrial on eastern half Determination of Non -Significance issued April 23, 2019 BACKGROUND This application is part of the 2018-2019 annual docket for amendment of the Comprehensive Plan (the "Plan"). The purpose of an annual docket is to ensure that changes to the City's Plan are only considered once a year and that they are considered collectively for impact to the Plan. The Applicant, King County Metro, seeks to rezone the western half of a 71,440 square foot split -zoned lot located at 12677 East Marginal Way S, Tukwila, WA 98168 (the "Property") from Low Density Residential (LDR) to Commercial Light Industrial (CLI), with corresponding Comprehensive Plan and zoning map amendments. The Property was developed in 1975 with a warehouse and offices. The Applicant is seeking the Comprehensive Plan amendment and rezone for the following reasons: 1. The parcel is split -zoned: the eastern portion fronting on E Marginal Way S is zoned Commercial/Light Industrial (C/LI) and the western portion is zoned Low Density Residential (LDR). The Property is ideal for Metro's intended future use, but the split -zoned condition creates uncertainty about how the Site could be developed to meet Metro's needs. 2. The current use of the Property since at least 1975 has been light industrial, specifically a truck terminal use with accessory warehouse and parking. Truck terminal use is nonconforming to the existing LDR zoning, but conforming to the C/LI zoning. Rezoning would remove confusion around applicability of zoning to the Property and its nonconforming status, encouraging future redevelopment conforming to existing regulations. 3. Rezoning the Property will strengthen the boundary between the LDR zone to the west and C/LI zone along E Marginal Way S. This non -project proposal is a quasi-judicial change to the land use designation on the Tukwila Comprehensive Plan and Zoning Code maps. If the rezone is approved, any C/LI use would be permitted subject to all City regulations. The Applicant has stated the intention to construct new small-scale office buildings and an associated bus maintenance training bay. SITE INFORMATION The Property is developed with an office building and associated warehouse structure which has been used as a trucking facility since at least 1975. The Property measures about 200' feet wide by 350' feet long on average, and extends north to south, fronting on E Marginal Way S and S 128th Street. The east fork of Riverton Creek flows across the northwest corner of the Property through an underground pipe. The Property contains environmentally sensitive areas, including a Type 2 watercourse (Riverton Creek) and its 100-foot buffer. The property is close to SR 599 freeway access. Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 5 of 14 LAND USE The land uses around the Property reflect the zoning. The property immediately west is developed with a single-family home. Across S 128th St. to the south is Tukwila School District's bus parking lot and transportation building, zoned Neighborhood Commercial Center (NCC). Properties across E Marginal Way S to the southeast are also zoned NCC and are currently developed with single-family homes. Immediately to the north of the Property is a C/LI property containing a former single-family home that has been converted into a commercial structure. Additional single-family homes are located northwest of the Property on land that is zoned Low Density Residential (LDR). CURRENT CONDITIONS The Property was annexed into the City of Tukwila on April 15, 1989, as part of Ordinance No. 1508. A zoning map included with this ordinance confirmed the zoning classifications applied in Ordinance No. 1480 (Effective Date October 18, 1988) for the subject property. The Property was originally composed of multiple lots containing "R-1: Single Family Residence 7200" and "C-M: Industrial Park" zoning designations. In 1995, the City adopted a new Comprehensive Land Use Plan, Zoning Code, and Zoning Map. This new zoning code amended the number and names of zoning districts in the city: R-1 became LDR and C- M became C/LI. Between 1989 and 1995, the lots composing the Property appear to have been consolidated. However, the zoning boundary was not changed as part of either the lot consolidation or the 1995 Comprehensive Plan adoption, and the Property remains split -zoned today. The existing trucking operation is nonconforming on the LDR-portion of the Property pursuant to the use provisions in Table 18-6, TMC 18.09, and TMC 18.10.020. The trucking operation was in active, continual operation prior to the lot consolidation and annexation into the City of Tukwila. TMC 18.70 allows legally established nonconforming uses to continue and sets forth limitations on any expansion of nonconforming uses. PUBLIC COMMENTS Residents expressed concerns about impacts to stream and stream buffer, residential area buffer: • Desire for improved screening/buffer for LDR properties with landscaping • Desire to see Riverton Creek in the area improved • Operational hours at the site • Monitoring of on -street parking limits (current truck terminal would park vehicles on street long-term) COMPREHENSIVE PLAN • Consistent with Comprehensive Plan's highest priority — Improve, sustain residential neighborhood quality and livability. • Does not disrupt single-family land use pattern • Buffer exists between single-family and impacts of commercial/mixed use in form of Type II stream IMPACTS • Increased setback and buffer requirements in TMC for C/LI properties adjacent to LDR properties ensures compatibility • Less intensive office uses proposed vs. existing (non -conforming) truck terminal • Ends current legally non -conforming use on property RECOMMENDATION Staff recommends approving the rezone request to change the existing Low Density Residential (LDR) zoning to Commercial/Light Industrial (C/LI), with corresponding Comprehensive Plan and Zoning map amendments, subject to the following conditions: 1. Within six years of the effective date of this ordinance, property owner shall implement a City approved plan to daylight (or, if daylighting is not feasible, to upgrade the stream culvert for) the Type II stream located within a pipe on the western half of the property. The plan shall meet the standards in the WDFW manual "Design of Road Culverts for Fish Passage" (2003 or as updated). If daylighting or upgrading of the stream culvert is proven to be technically infeasible, the western portions of the Property located within the stream buffer area shall be planted with native plants that improves upon the original condition as part of a planting plan to be approved by the City. Additionally, the property Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 6 of 14 owner shall remove all existing impervious surfaces located within the stream buffer within the six - year time frame. 2. Within 180 days of the passage of this ordinance, the applicant shall record against the site a covenant or other document, approved by the City, requiring compliance with Condition 1. 3. Failure to comply with Conditions 1 and 2 shall cause the change to the Zoning Map to be null and void, the subject property shall revert to the zoning immediately preceding passage of this ordinance, and any non -conforming use shall cease to exist and any subsequent use shall conform to the regulations specified by the Tukwila Municipal Code for the district in which such use is located. The City Clerk stated that a presentation by the applicant on the King County Rezone/ Comprehensive Plan Amendment (Project L18-0114) will now be provided. Per the agenda procedures, 15 minutes will be allowed for the applicant report. Tina Rogers, Capital Planning Section Manager with King County, utilized a Powerpoint presentation to provide an overview of the proposal. SUMMARY OF REQUEST King County Metro Transit (Metro) requests amendment of the City of Tukwila Comprehensive Plan and Zoning Map to change the comprehensive plan and zoning designations of a portion of parcel no. 7345600766 from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI) consistent with the zoning on the eastern portion of the site. A contiguous parcel owned by the same property owner and used as part of the development is already zoned C/LI and is not included in this request. SUMMARY OF THE REASON FOR THE REQUEST As part of its long-range plans for growth of transit service in the region, Metro needs to purchase additional property for indoor mechanical training activities and construction offices. For that purpose, Metro is seeking to purchase property at 12677 E Marginal Way S and 12633 E Marginal Way S from Blue Nile Holdings, LLC. The smaller parcel is zoned Commercial Light Industrial (C/LI). The larger parcel is split -zoned; the eastern portion fronting on E Marginal Way S is zoned C/LI and the western portion is zoned Low Density Residential (LDR). The site is ideal for Metro's intended future use of the site, but the split -zoned condition creates uncertainty about how the site could be developed to meet Metro's needs. Metro is pursuing the rezone to rectify this uncertainty for immediate short-term use and potential redevelopment. Metro understands that approval of rezones is considered within the larger planning context and must be consistent with the vision for Tukwila and for the surrounding neighborhoods. Metro believes that the rezone is consistent with the vision and character for this area, and that in the long term will provide opportunities for enhancement of the boundary between the residential and commercial areas. The use of the site since at least 1975 has been light industrial, specifically a truck terminal use with accessory warehouse and parking. Truck terminal use is nonconforming to the existing LDR zoning and conforming to the existing C/LI zoning. Split zoning is discouraged by the City of Tukwila's Comprehensive Plan and tends to create uncertainty for future development or redevelopment. Rezoning the property will strengthen the boundary between the LDR zone to the west and C/LI zone along E Marginal Way S. It will provide certainty for Metro by ensuring that the office uses can continue and that the site can be developed efficiently for those uses. To the extent that rezoning will remove confusion around applicability of zoning to the site and its non -conforming status, future redevelopment would be encouraged and that would offer opportunities to make the site development more confirming to existing regulations. METRO'S INTENDED USE OF THE SITE AND A CONCEPTUAL PLAN If the rezone is approved, Metro's current thoughts for use of the site are for office and indoor training activities that currently occur at the nearby South Base facilities. Metro has provided a drawing of what a potential layout for office and training use could look like, but is not seeking any review or approval of that layout at this time. Before Metro can realistically create a plan for specific uses that addresses applicable redevelopment standards, the rezone would need to be approved. Any future changes to the site to allow redevelopment would be subject to review by the City through the Design Review process because of the proximity to the LDR zone. At the time of a proposed redevelopment of the site, Metro would work with the City of Tukwila to ensure compliance with site development standards. Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 7 of 14 REQUEST Requests for changes in zoning are made pursuant to Chapter 18.84 of the Tukwila -Municipal Code (TMC). Granting a rezone and accompanying Comprehensive Plan map change is allowed when consistency with the following criteria can be demonstrated. 1. The proposed amendment to the Zoning Map is consistent with the goals, objectives, and policies of the Comprehensive Plan. The proposed amendment is consistent with the applicable goals, objectives, and policies of the City's Comprehensive Plan. The proposed change from LDR to C/LI will clarify the boundary between the two zones at the subject location; facilitate future redevelopment consistent with the character of E Marginal Way S; and eliminate a nonconformity. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of TMC Title 18, "Zoning Code," and the description and purpose of the zone classification applied for. The proposed rezone is broadly consistent with the scope and purpose of TMC Title 18 "Zoning Code." The Zoning Code implements the City's Comprehensive Plan, and the proposed rezone is consistent with numerous goals and policies therein. More specifically, the proposed rezone is consistent with the description and purpose of the C/LI zone. Pursuant to TMC 18.30.010, the C/LI district "is intended to provide for areas characterized by a mix of commercial, office, or light industrial uses. The standards are intended to promote viable and attractive commercial and industrial areas." The properties around the intersection of E Marginal Way S and S 128th Street are a mix of primarily commercial and industrial uses consistent with the propose of the C/LI zone and include the subject property which is used as a trucking facility. East Marginal Way S is a high -volume arterial with excellent connectivity to local and regional transportation networks. Along E Marginal Way S, the C/LI zoning serves as a logical transition between the Manufacturing Industrial Center (MIC) and Industrial Zoning (L) to the north and the Neighborhood Zoning (NC) to the south. LDR zoning is not appropriate for the subject site. The proposed rezone would bring the non -conforming portion of the trucking facility (that portion located in the LDR zone) into conformance with the Zoning Code. 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map. Conditions have changed considerably since the previous zoning became effective. The proposal to rezone the western portion of the parcel is reasonable and warranted by the change in circumstances. 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience, and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. The request would extend the C/LI boundary from the approximate center of a parcel to include the full boundaries of the parcel. The C/LI zone allows a number of commercial and light industrial uses that are consistent with the character of E Marginal Way S and nearby industrial uses. Metro believes this application demonstrates that a rezone is consistent with and satisfies the approval criteria in TMC 18.84.020 and respectfully requests approval of the rezone request. The City Clerk asked if either staff or the applicant had any other comments. Per the agenda procedures, 5 minutes would be allowed by each for rebuttal. There were no rebuttals from staff or the applicant. 7:42 p.m. Mayor Ekberg called for public comments. Habtamu Abdi, 8323 Rainier Avenue South, Seattle, said he is a member of the Board of Directors of the Ethiopian community in this area. He is here to support this rezoning request. Staff from King County Metro have met with the Ethiopian community leaders to chart out future plans for the area. They have come to an agreement to pursue the inclusion of affordable housing units on the property as well as office and storage space. Zerfu Takele, 8323 South 124th Street, Seattle, is the Board President of the Ethiopian community and has been a resident of Seattle for over 33 years. He has been a victim of gentrification. They are in Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 8 of 14 support of this proposal and look forward to forging a partnership with King County Metro as it relates to affordable housing. Lydia Assefa Dawson, 1600-B SW Dash Point Rd, Federal Way, is the Vice Chair at the Ethiopian Community Center. They have met with King County Metro and are excited about this project. They look forward to engaging in this partnership due to the housing crisis and gentrification. The City of Tukwila experienced a backlash with the relocation of immigrant businesses, and they hope to prevent that in their community. They want to provide services that are linguistically and culturally relevant to their members, and partnering with King County Metro will be a benefit to their community. They support the rezoning of this property as it meets the needs of the Ethiopian community, King County Metro and the City of Tukwila. Brian Kennedy, 12802 37th Avenue South, has lived in this area for 41 years, enduring truck traffic and noise, and he believes this project will be a benefit to the neighborhood. He also referenced the Riverton Creek in the area and hoped it could be re -named to its original name of Robins Spring Brook. Mayor Ekberg asked the Council if they had clarifying questions of staff or the applicant. Deliberation will occur after the Public Hearing under Unfinished Business. In response to questions from Councilmember Robertson: Question: Does Metro own the property? Response: Tina Rogers, Capital Planning Section Manager with King County, responded that Metro does not currently own the property, however, there is a purchase and sale agreement in place. One of the conditions of that agreement is that there be zoning in place that is consistent with the intended use of the property. There is also a need to know the full extent of the contamination on the site for budgeting purposes. Question: If the sale of the property falls through, then does the rezone revert back to the current zoning? Response: Max Baker, Assistant Planner, said the conditions of approval that have been recommended apply to the property owner, whoever that may be. The zoning would revert back to the previous zoning if the recommended conditions are not met. Question: Page 59 and Page 99 in the packet have green circles and rectangles. What do those represent? Response: Ms. Rogers said they are trailers that are currently parked on the property, and those will be going away. Question: On page 57, the conditions are listed, with 6 years as the timeline. Why was 6 years chosen? Response: Ms. Rogers replied that 6 years is the length of their current Capital Improvement Program. The plan will need to be reviewed in conjunction with the needs of the property and the work to be done. They hope to avoid a piecemeal approach to stream enhancements and intend to set themselves up to take an incremental approach to be the most efficient at effectively moving onto the site. Question: Referencing the removal of impervious surfaces in the stream buffer, when does the 3 year time frame begin? Response: Mr. Baker said the staff report has been amended to reflect a time period of 6 years, which is consistent with all of the related conditions. Question: Does that 6 years apply to whoever owns the property, and if conditions are not met, the zoning reverts back to what it is currently. Response: Mr. Baker responded in the affirmative. Question: Referencing page 57 in the packet condition 1: Within 6 years of the effective date of this ordinance, property owner shall implement a City approved plan to daylight (or, if daylighting is not feasible, to upgrade the stream culvert for) the Type II stream located within a pipe on the western half of the property. What is the basis for "infeasible?" Response: Mr. Baker referenced technically infeasible as opposed to financially infeasible. Technically infeasible would mean the contamination may pose a risk to the stream itself or daylighting would not be beneficial to the improvement of the stream. Alternatives would be assessed that would still improve the buffer itself. Question: Does that explanation carry through to what will be adopted this evening, and is it explained in the documentation? Response: Mr. Baker said anything occurring in the buffer area will be fully reviewed and approved by the City as the project progresses. There are also reviews by the Washington State Department of Fish and Wildlife. Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 9 of 14 Question: Can staff add a few words into the adoption documents to explain the meaning of technical feasibility. Response: Mr. Baker responded in the affirmative, however, it would have to be clarified outside of the decision being made tonight. Question: The affordable housing concept was unexpected; where will the affordable housing go on this site and how many units? Response: Mr. Baker replied that the current proposal of Commercial Light Industrial does not permit residential uses. Another rezone would be required to allow multi -family units. In response to questions from Council President Hougardy: Question: Referencing page 98 of the packet, she inquired about the open house. Response: Mr. Baker said per standard practice for rezones, there was a public meeting on April 17, 2019 at the Tukwila Community Center from 5:00-7:00 p.m. There were 3 residents and 1 non-resident who attended the public meeting. There were also opportunities to provide comments via email and by phone. Question: What are the operational hours at the site. Response: Ms. Rogers responded that the primary work group being located at the site will be the construction inspection office staff. They usually work the same hours as contractors and when noise ordinances allow them to begin work. They usually begin their day at 6:00 a.m. and leave early in the afternoon when the contractors are done working. There will be approximately 20 construction inspectors located at this site. Question: Will they be driving noisy diesel trucks? Response: Ms. Rogers said most come in their personal cars and then use their company vehicles. There are also rules regarding idling of vehicles on the site. Question: Can you provide input as to the parking situation, and will there be people parking on the streets? Response: Ms. Rogers explained they would be responsive to any complaints received. There is a large overflow parking lot north of the interim base. If we found there was not enough parking on site, the county trucks could be left at the lot north of the interim base. She said there is currently ample parking and well over the number of employees expected to be on the site. Question: What is the connection to the Ethiopian community? Response: Ms. Rogers said the current property owners are part of the Ethiopian community. Metro is willing to work with community members to see if there are potential partnerships at this site or other things Metro is doing in the area to stay connected to the neighborhood. Question: Ms. Hougardy asked a member of the Ethiopian community to come forward to explain the connection with this project. Response: Habtamu Abdi said minority businesses have been pushed out of Tukwila, and the Ethiopian community in Seattle is working proactively to partner with whoever is coming on to the property. Question: So this is not something that directly involves the City of Tukwila, and you are just informing the City of your partnership at this time? Response: Mr. Abdi responded in the affirmative. The Ethiopian and Somali communities are under pressure right now and wish to live in the same area they helped develop. This is a noble cause that should be encouraged by the City. Lydia Assefa Dawson emphasized that if Metro does not purchase the property, and a developer buys the land, it would be a loss because it would not involve affordable housing. In response to questions from Councilmember Kruller: Question: Are the buffer zones for the creek changing? Response: Mr. Baker said the current buffer zones would exist as they are now. If the stream changes, the buffer would be altered at the same time based on the conditions of the critical areas' ordinance and the stream daylighting. Question: Do you think the buffer will be bigger or smaller or the same? Response: Ms. Rogers stated the intent is to work with the City to look at the buffer requirements of the existing ends of the creek that are off the property but do carry a buffer requirement. Metro would ensure the new improvements to the site would not lie on top of the buffer. They would be cautious about doing any major planting in the buffer area prior to the site cleanup. They would not be parking vehicles in the buffer and would ensure employees stay off the gravel area. Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 10 of 14 8:15 p.m. 8:16 p.m. Councilmember Seal left the Council Chambers. Councilmember Seal returned to the Council Chambers. Question: Have you had the land assessed? Are you aware of mitigating issues such as pollution? Response: Ms. Rogers replied that there are issues to be resolved. Question: Will the mitigation eat away at the buffer zone? Response: Metro expects to do the major habitat enhancement with daylighting the creek or expanding the buffer depending on what is best for the creek, which may be some years from the initial use. With the initial use, a site plan will be developed to respect the buffer distances and keep vehicles, equipment and materials from occupying the buffer. Question: Since the grandfathered non -conforming use will go away upon approval, Metro will need to conform to the Light Industrial standards. Correct? Response: Mr. Baker responded in the affirmative, including the environmentally sensitive areas. Question: Are you going to move in, respect the property and do some mitigation on the way out? Response: Ms. Rogers responded in the affirmative. Question: Would fish be better or worse off as a result of this agreement? Response: Mr. Baker said with the immediate proposal, there would be no change to the impacts of the stream. Question: Will it get better or worse for the fish as the project progresses? Response: Mr. Baker explained the intent is to improve the stream quality. Question: Were Native American groups notified regarding this project? Response: Mr. Baker replied that notices of the application were sent to the tribes, and no comments were received. Question: Do they have any other opportunities for input? Response: Mr. Baker said the design review process will have opportunities for comments. Question: Does the applicant know at this time if there are long term needs for this property? Response: Ms. Rogers commented that at the rezone stage, there has not been a lot of outreach as the SEPA review has not yet been completed. They are not intending to touch the creek at this point in time. Minnie Dhaliwal, Planning Supervisor, relayed that the Washington State Department of Fish and Wildlife has to approve any work done below the ordinary high water mark. The SEPA process also requires a noticing process that will include the tribes. Question: Does the decision to approve the rezone also mean approval of the multi -family housing referenced by the Ethiopian community members? Response: Ms. Dhaliwal said they are 2 different things. The proposal for affordable housing is not reflected in the packet. If in the future the Ethiopian community and Metro want to pursue housing, that proposal would have to come back to Council for a rezone. Question: Why move from commercial light industrial and then come back for residential? Is multi -family allowed at this location at this time? Response: Ms. Dhaliwal responded that it is for single family at this time and not multi -family. Councilmember Robertson asked the City Attorney if the rezone applies to whoever owns the property. Andrew Tsoming, Assistant City Attorney, responded in the affirmative. Councilmember Robertson referenced page 80 in the packet, section 1 of the ordinance, as follows: "Within six years after the effective date of this ordinance, property owner shall implement a City - approved plan to daylight (or, if daylighting is not feasible, to upgrade the stream culvert for) the Type II stream located within a pipe on the western half of the property." Since there is no definition of the word "feasible," how would a court determine what feasible means, and who gets to decide whether it is feasible? Mr. Tsoming replied there is no definition of "feasible" in this ordinance. He noted that further down in the section, the term technically infeasible is referenced, which could be interpreted to be synonymous with "not feasible." He suggested that amending the ordinance to reflect "not technically feasible" would provide clarity. However, based on the current language, if challenged in court, the meaning would be construed along the lines of the plain meaning of the term "feasible" rather than an established definition. Councilmember Seal referenced page 79 of the packet, the 5th Whereas clause as follows: "....(based on the criteria in WAC 222-16-031, Washington Forest Practices Rules and Regulations), shall be upgraded to meet the standards in the WDFW manual "Design of Road culverts for Fish Passage'(2003 or as Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 11 of 14 updated) if technically feasible.' " She felt this language provided clarity that may also be relied upon by the courts. 8:33 p.m. Mayor Ekberg closed the public hearing. The following item was removed from the agenda based on the agenda amendment motion on Page 1. UNFINISHED BUSINESS a. An ordinance rezoning certain real property located at 12677 E. Marginal Way S., Tukwila, from split zone Commercial/Light Industrial (C/LI) and Low Density Residential (LDR) to Commercial/Light Industrial only. Quasi-judicial. Councilmember Robertson said he is supportive of the proposal and the partnership the applicant is pursuing with the Ethiopian community. He expressed concern about the definitions and would like greater clarity in the ordinance. He is not aware of an urgency to adopt the ordinance this evening, and would like this brought to a future meeting for adoption. Councilmember Seal supports the proposal and believes this will be a benefit to the community and adjacent neighborhoods. She referenced her prior comments regarding the Washington Forest Practices Rules and Regulations that are incorporated into the process, and she feels the definition of feasibility will be outlined through that process. She supports adoption of the ordinance. Council President Hougardy spoke in favor of the proposal. From her perspective, the existing language is specific enough to provide a positive end result. Councilmember Kruller said King County has a reputation for leaving properties better than they found them. The buffers are being strongly respected as well, and the surrounding neighbors are in support of the project. The language was reviewed by attorneys on both sides of the issues, and she is comfortable with the wording. She also appreciates the partnership with the Ethiopian community. She is in full support of passing the ordinance. MOVED BY SEAL, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 4-0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 12677 E. MARGINAL WAY S., TUKWILA, FROM SPLIT ZONE COMMERCIAL/LIGHT INDUSTRIAL (C/LI) AND LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL/LIGHT INDUSTRIAL ONLY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY SEAL, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilmember Robertson emphasized that the applicant does not own the property, and the purchase is dependent on what they find on the site as their assessment moves forward. If it is unclear who makes a decision about what is feasible, whoever owns the property can make those decisions and potentially take the City to court. He feels the applicant and City staff can make some changes to the ordinance that would create the needed clarity. If that clarity does not exist, he will vote "no" on the ordinance for that reason and not because he does not support the overall project. Council President Hougardy asked for additional information about the purchase and sale agreement. Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 12 of 14 Ms. Rogers explained that adequate due diligence is a part of the process to ensure that the purchase of property does not culminate in future surprises. They are comfortable waiting for a period of 2 weeks to a month to work on the language to ensure the Council is comfortable with the outcomes. Councilmember Kruller relayed that the surrounding neighbors have not resisted this project, and she does not feel changing the language will make a difference. *MOTION CARRIED 3-1, TO ADOPT ORDINANCE NUMBER 2604, WITH ROBERTSON VOTING NO (with Quinn and Idan recused and McLeod absent). SCRIVENER'S NOTE: Later in the meeting under the City Attorney's Report, it was determined, a majority of Tukwila's 7-member Council (4) was needed to adopt an ordinance. It was determined to forward this item to a Special Meeting to be conducted on May 13, 2019, with instruction to the Council not to discuss this item until the Special Meeting. MOVED BY ROBERTSON, SECONDED BY SEAL TO FORWARD THE ORDINANCE TO A SPECIAL MEETING TO OCCUR ON MAY 13, 2019. MOTION CARRIED 4-0 (with Quinn and Idan recused and McLeod absent). 8:49 p.m. Councilmembers Quinn and Idan returned to the Council Chambers. The following item was removed from the agenda based on the agenda amendment motion on Page 1. b. A motion to approve OR deny an amendment to the Comprehensive Plan and Zoning Maps Tukwila Urban Center —Commercial Corridor (TUC CC). Quasi judicial. c. An ordinance relating to development agreements authorized pursuant to Chapter 18.86 of the Tukwila Municipal Code; approving and authorizing the proposed Riverton Cascade Development agreement for King County tax parcel #162304960 with Homestead Community Land Trust, a non-profit corporation. MOVED BY SEAL, SECONDED BY KRULLER 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, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE PROPOSED RIVERTON CASCADE DEVELOPMENT AGREEMENT FOR KING COUNTY TAX PARCEL NUMBER 1623049060 WITH HOMESTEAD COMMUNITY LAND TRUST, A NON PROFIT CORPORATION; 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 2604. NEW BUSINESS a. A resolution honoring the memory of Patti Southard and her contributions to the City of Tukwila. MOVED BY QUINN, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HONORING THE MEMORY OF PATTI SOUTHARD AND HER CONTRIBUTIONS TO THE CITY OF TUKWILA. Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 13 of 14 MOVED BY KRULLER, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* 8:53 p.m. Councilmember Robertson left the Council Chambers. Councilmember Quinn read the resolution in its entirety. The Councilmembers expressed that Ms. Southard was a powerful force in the region for the environment, green initiatives, social justice and a smile that touched the heart. *MOTION CARRIED 5-0, TO ADOPT RESOLUTION NUMBER 1958 (with Robertson absent). b. Tukwila, City of Opportunity Scholarships: In 2014, the City of Tukwila created the Tukwila City of Opportunity Scholarship program to provide financial assistance to high school seniors living in Tukwila to assist them in continuing their education beyond high school. The resolution adopting the Tukwila City of Opportunity Scholarship allocates $10,000 per calendar year for scholarship awards with each award being no less than $1,000 and no more than $5,000 each. Based upon review of the applications by the Scholarship Committee, the recommendation is to provide $5,000 each to Sydney Brusnighan and Makelle Mills. (1) Authorize the award of a $5,000 "Tukwila, City of Opportunity Scholarship" to Sydney Brusnighan. (2) Authorize the award of a $5,000 "Tukwila, City of Opportunity Scholarship" to Makelle Mills. MOVED BY SEAL, SECONDED BY IDAN TO AUTHORIZE THE AWARD OF A $5,000 "TUKWILA, CITY OF OPPORTUNITY SCHOLARSHIP" TO SYDNEY BRUSNIGHAN AND A $5,000 "TUKWILA, CITY OF OPPORTUNITY SCHOLARSHIP" TO MAKELLE MILLS.* Councilmember Quinn expressed that as education costs rise, it may be time to re -assess the dollar amounts of the scholarships. *MOTION CARRIED 5-0 (with Robertson absent). REPORTS a. Mayor On May 2, 2019 Mayor Ekberg attended both the Pacific Northwest Aerospace Alliance and the Museum of Flight Vietnam Park dedication. On May 3, 2019 he read a proclamation at the Cowlitz Tribe Missing and Murdered Indigenous Women Day remembrance. b. City Council Councilmember Seal apologized for going to the wrong location for the Teens for Tukwila event. She had been working 50-70 hour weeks, and it caught up to her on this day. Ms. Seal volunteered at the recent Yakima citizenship day with One America and the Washington New Americans. Additionally, she reported that a citizen asked her about who cleans up the trash near Costco and Home Depot near the trail. She would like follow-up on that question. Council President Hougardy chaired the recent LTAC (Lodging Tax Advisory Committee) meeting and the Soundside meeting regarding economic development issues. She also attended both a Chamber of Commerce mixer and a Chamber of Commerce luncheon regarding the State of the Schools. She also participated in the Teens for Tukwila event which included kids from other schools as well. The discussion included homelessness and immigration. 9:04 p.m. Councilmember Robertson returned to the Council Chambers. Tukwila City Council Regular Meeting Minutes May 6, 2019 Page 14 of 14 Councilmember Quinn reported the seniors at Foster High School are doing background projects. He participated in one of the projects on the environment and another on sex trafficking as it relates to issues involving Tukwila. Councilmember Kruller expressed gratitude to the Tukwila Teens for the way they approach the events with the Council. She is impressed with the organization and preparation the teens put into their meetings with the City Council. Ms. Kruller was honored to attend the dedication of the Foster Golf Course Bridge. This was a great tribute to the Aliment family and Tukwila's history. c. Staff David Cline, City Administrator, referenced the CA (City Administrator) report and offered to answer any questions. 9:12 p.m. Councilmembers Quinn and Idan left the Council Chambers. d. City Attorney There was no report, other than an update on the vote of an ordinance related to the quasi-judicial agenda item as outlined on page 12. e. Council Analyst There was no report. 9:16 p.m. Councilmembers Quinn and Idan returned to the Council Chambers. ADJOURNMENT 9:16 p.m. MOVED BY KRULLER, SECONDED BY SEAL TO ADJOURN THE REGULAR MEETING. MOTION CARRIED 6-0. Allan 1 ayor Christy 'Flaherty' ecor Governance Manaity Clerk APPROVED BY THE CITY COUNCIL: 5/20/19 AVAILABLE ON CITY WEBSITE: 5/21/19