HomeMy WebLinkAbout2019-05-13 Special MinutesTukwila City Council
City Hall Council Chambers
MINUTES
SPECIAL MEETING
Special Meeting
May 13, 2019 — 8:41 P.M.
CALL TO ORDER
Mayor Ekberg called the Special Meeting of the Tukwila City Council to order at 8:41 p.m.
ROLL CALL
Andy Youn, Deputy City Clerk, called the roll of the Council. Present in the Council Chambers were
Councilmembers Dennis Robertson, Verna Seal, Kathy Hougardy, De'Sean Quinn, Kate Kruller, Thomas
McLeod, Zak Idan.
CITY OFFICIALS
Allan Ekberg, Mayor; David Cline, City Administrator; Ann Marie Soto, Assistant City Attorney; Andrew
Tsoming, Assistant City Attorney; Nora Gierloff, Deputy Community Development Director; Minnie
Dhaliwal, Planning Supervisor; Maxwell Baker, Assistant Planner; Laurel Humphrey, Christy O'Flaherty,
Records Governance Manager/City Clerk; Council Analyst; Andy Youn, Deputy City Clerk.
UNFINISHED BUSINESS
The Mayor stated we are here tonight to provide the City Council with an opportunity, if they so choose, to
revisit a rezone ordinance previously considered at the May 6, 2019 Regular meeting. At the close of that
meeting, it was determined that the ordinance had not passed. Thus, the City Council may wish to
suspend the rules of procedure to allow for reconsideration of this item tonight. Because this is a quasi-
judicial matter, and the hearing has already closed, no additional public comment will be taken on this
item. A copy of the original ordinance and proposed amendments are included in the Council packet.
RECUSALS
8:42 p.m. Councilmember Quinn recused 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.
8:43 p.m. Councilmember Idan recused himself from the following item as he works for King County. 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.
MOVED BY SEAL, SECONDED BY KRULLER THAT THE CITY COUNCIL PROCEDURES AND
ROBERT'S RULES BE SUSPENDED TO RECONSIDER THE VOTE ON THE ORDINANCE
REZONING 12677 E. MARGINAL WAY SOUTH PREVIOUSLY ADDRESSED AT THE MAY 6, 2019
REGULAR MEETING. MOTION CARRIED 5-0.
The Deputy City Clerk asked the following Appearance of Fairness questions of Councilmember McLeod
that were asked at the May 6, 2019 Regular Meeting.
1. Do you or your family have any interest in the subject property located at 12677 East Marginal Way
South in Tukwila?
McLEOD NO
Tukwila City Council Special Minutes
May 13, 2019 Page 2 of 3
2. Do you stand to gain or lose by your decision on this matter?
McLEOD NO
3. Have you had any ex-parte communications regarding this application?
McLEOD NO
The Deputy City Clerk asked if anyone in the audience objects to Councilmember McLeod presiding over
this matter. There were no objections from the audience.
Councilmember McLeod stated that while he was absent last week, he has watched the video, read the
agenda packet and is prepared to make a vote at this time.
MOVED BY ROBERTSON, SECONDED BY KRULLER TO RECONSIDER THE VOTE ON THE
ORIGINAL ORDINANCE (PAGE 21 IN THE PACKET) REZONING CERTAIN REAL PROPERTY
LOCATED AT 12677 E. MARGINAL WAY SOUTH, TUKWILA, FROM SPLIT ZONE
COMMERCIAL/LIGHT INDUSTRIAL (C/LI) AND LOW DENSITY RESIDENTIAL (LDR) TO
COMMERCIAL/LIGHT INDUSTRIAL ONLY. MOTION CARRIED 5-0.
The Mayor said the vote on the ordinance rezoning 12677 E. Marginal Way South previously addressed
at the May 6, 2019 Regular Meeting is on the table for debate and amendment.
Minnie Dhaliwal, Planning Supervisor, explained the original ordinance that was considered at the May 6,
2019 Regular Meeting is on page 21 of the agenda packet. The ordinance contained three conditions of
approval. An amended ordinance is on page 17 of the agenda packet and clarifies that the City is
responsible for determining if daylighting the Type II stream is technically infeasible. Language
concerning the term "technically infeasible" has been added.
Staff have also brought forward a second amended ordinance for the Council's consideration that was
distributed this evening. This option has the same amendments as the previously presented amended
ordinance, with the phrase, "and any non -conforming use shall cease to exist" removed from the third
condition. Ms. Dhaliwal explained this phrase was taken out as Tukwila Municipal Code (TMC) Chapter
18.70 already addresses nonconforming uses. Removing this phrase ensures that should the current
applicant not purchase the property, TMC Chapter 18.70 governs and the property owners do not lose
their non -conforming rights as a result of the rezone.
MOVED BY KRULLER, SECONDED BY SEAL TO AMEND THE ORDINANCE REZONING CERTAIN
REAL PROPERTY LOCATED AT 12677 E. MARGINAL WAY SOUTH FROM SPLIT ZONE
COMMERCIAL/LIGHT INDUSTRIAL (C/LI) AND LOW DENSITY RESIDENTIAL (LDR) TO
COMMERCIAL/LIGHT INDUSTRIAL AS SHOWN IN OPTION 2 DISTRIBUTED THIS EVENING.*
Councilmember Robertson said the amendments clarify the intent of staff and the applicant as discussed
at the May 6, 2019 Regular Meeting.
*MOTION CARRIED 5-0 TO AMEND THE ORIGINAL ORDINANCE.
MOVED BY KRULLER, SECONDED BY SEAL TO APPROVE THE AMENDED ORDINANCE
REZONING CERTAIN REAL PROPERTY LOCATED AT 12677 E. MARGINAL WAY SOUTH,
TUKWILA, FROM SPLIT ZONE COMMERCIAL/LIGHT INDUSTRIAL (C/LI) AND LOW DENSITY
RESIDENTIAL (LDR) TO COMMERCIAL/LIGHT INDUSTRIAL AS SHOWN IN OPTION 2
DISTRIBUTED THIS EVENING.
MOTION CARRIED 5-0 TO APPROVE ORDINANCE 2605 AS AMENDED.
ADJOURNMENT
8:52 p.m. UNANIMOUS CONSENT EXISTED TO ADJOURN THE SPECIAL MEETING.
Tukwila City Council Special Minutes
May 13, 2019 Page 3 of 3
Allan Ekberg, Mayor
t
Andy Y1Sun, Deputy City Clerk
APPROVED BY THE CITY COUNCIL: 06/03/19
AVAILABLE ON THE CITY WEBSITE: 06/04/19