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HomeMy WebLinkAbout2011-10-03 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES REGULAR MEETING Start: 6:00 p.m. EXECUTIVE SESSION Regular Meeting October 3, 2011 7:00 P.M. Mayor Haggerton announced the purpose of the Executive Session is to discuss Potential Litigation Pursuant to RCW 42.30.110(1)(i) and Potential Land Sale Pursuant to RCW 42.30.110(1)(c). It will last no more than 60 minutes, and no decisions will be made during the Executive Session. Attendees: Jim Haggerton, Mayor; Derek Speck, Interim City Administrator; Shelley Kerslake, City Attorney, Peggy McCarthy, Interim Finance Director; David Cline, incoming City Administrator; Tukwila City Councilmembers Joe Duffie, Joan Hernandez, Allan Ekberg, Dennis Robertson, Verna Seal, Kathy Hougardy, De'Sean Quinn. 6:22 p.m. Jack Pace, Community Development Director, entered the Council Chambers. End: 6:56 p.m. CALL TO ORDER/PLEDGE OF ALLEGIANCE /ROLL CALL Mayor Haggerton 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. CITY OFFICIALS Jim Haggerton, Mayor; Derek Speck, Interim City Administrator; Shelley Kerslake, City Attorney; Jack Pace, Community Development Director; Nora Gierloff, Community Development Deputy Director; Brandon Miles, Senior Planner; Frank Iriarte, Acting Public Works Director; Gail Labanara, Public Works Analyst; Peggy McCarthy, Interim Finance Director; Mike Villa, Police Chief; Nick Olivas, Fire Chief; Don Tomaso, Fire Marshal; Stephanie Brown, Human Resources Director; Mary Miotke, IT Director; Christy O'Flaherty, City Clerk. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Allan Ekberg, Dennis Robertson, Verna Seal, Kathy Hougardy and De'Sean Quinn. SPECIAL PRESENTATIONS Swearing in of Michael Baisch, Police Officer, and Darryl Barnes, Transport Service Officer. Chief Villa relayed that Officer Baisch grew up in Burien and has a Bachelor's Degree in Broadcast Communications and has worked in public and community relations. He has also been employed by Eastern Washington University Police Department. Transport Service Officer Darryl Barnes served in the U.S. Navy in 4 different classes of nuclear powered submarines. He retired from the Navy after 21 years, and he has received an AA Degree in Criminal Justice. He has also been a reserve deputy for Kitsap County. Mayor Haggerton administered the Oath of Office to Officer Michael Baisch, Badge #194, and Transport Service Officer Darryl Barnes. Tukwila City Council Regular Meeting Minutes October 3, 2011 Page 2 of 8 The Mayor and Councilmembers congratulated Officer Baisch and Transport Service Officer Barnes on their new positions with the City. APPOINTMENT Confirm the appointment of David M. Cline.to the position of City Administrator effective October 24, 2011, waiving the residency requirement, per Ordinance No. 2039, and authorizing the Mayor to sign the employment contract. MOVED BY HERNANDEZ, SECONDED BY QUINN TO CONFIRM THE APPOINTMENT OF DAVID M. CLINE TO THE POSITION OF CITY ADMINISTRATOR EFFECTIVE OCTOBER 24, 2011, WAIVING THE RESIDENCY REQUIREMENT, PER ORDINANCE NO. 2039, AND AUTHORIZING THE MAYOR TO SIGN THE EMPLOYMENT CONTRACT.* David Cline conveyed that he has lived in the Seattle area all of his life, and that he and his wife began their married life in the City of Tukwila. He has worked in public service for 20 years, currently serving as City Administrator for the City of Lake Forest Park. He also worked at the City of Burien for 5 years with a focus on economic development. He is honored and privileged to work for the City of Tukwila. *MOTION CARRIED 7 -0. Mayor Haggerton explained that Mr. Cline was chosen after an extensive interview and background check process. He commended the Human Resources staff for their excellent work during the selection process. CITIZEN COMMENTS There were no citizen comments. CONSENT AGENDA a. Approval of Minutes: 9/12/11 (Special Mtg.) 9/19/11 (Regular Mtg.) b. Approval of Vouchers #358526- 358622 and 110903 110904 in the amount of $2,934,085.05 c. Accept as complete the East Marginal Way South and South 86th PI. Signal Pole Project (contract #11 -002) with Signal Electric; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $38,351.23). d. Accept as complete the 6300 Building Standby Generator Project (contract #11 -017) with Urban Electric, Inc. (now Genesis 3); authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $116,803.72). MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. PUBLIC HEARINGS a. Unclassified Use Permit (UUP) for Blue Star Gas to operate a propane distribution facility at 10802 East Marginal Way South (quasi-judicial). 7:15 p.m. Mayor Haggerton opened the public hearing and asked for a staff report. Brandon Miles, Senior Planner, explained that Blue Star Gas is proposing a propane distribution operation along East Marginal Way South in the MIC /H Zone. Three specific uses are being proposed and per Tukwila Municipal Code (TMC) 18.38.050, an Unclassified Use Permit is required for storage of explosive materials. This is a quasi judicial matter, with the City Council acting as a hearing examiner or judge based on the information and record presented at this meeting. 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 and act on the record presented. The Tukwila City Council Regular Meeting Minutes October 3, 2011 Page 3 of 8 Council can also defer action to a later date if deemed necessary. Part of the quasi judicial process involves Appearance of Fairness questions to be asked of each Councilmember. Christy O'Flaherty, City Clerk, asked the following Appearance of Fairness questions of each of the 7 Councilmembers. 1. Do you or your family have any interest in the subject property located at 10802 East Marginal Way South? 2. Do you stand to gain or lose by your decision on this matter? 3. Have you had any ex -parte communications regarding this application? All 7 Councilmembers answered "no" to the above questions. Mr. Miles relayed that the applicable criteria for reviewing Unclassified Use Permits is based on TMC 18.66.060. The 6 criteria for this zone are: 1. Where appropriate and feasible, all facilities shall be undergrounded. 2. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. 3. The proposed use shall meet or exceed the same standards for parking, landscaping, yards and other development regulations that are required in the district it will occupy. 4. The proposed development shall be compatible generally with the surrounding land uses. 5. The proposed development shall to the maximum extent feasible be consistent with and promote the goals, objectives, and policies of the Comprehensive Land Use Policy Plan and applicable adopted area plans. 6. The proposed unclassified use shall, to the maximum extent feasible, mitigate all significant adverse environmental impacts on public and private properties. Full consideration shall be given to: a. Alternative locations and /or routes that reduce or eliminate adverse impacts; and b. Alternative designs that reduce or eliminate adverse impacts The proposed use of the site involves propane distribution using 30,000 gallon tank and bobtail trucks; fleet fueling, with auto gas system, similar to Pacific Pride with the use of propane instead of fuel; Light Industrial Use; office and associated parking. Mr. Miles stated that Sound Transit had some concerns with the project based on its proximity to the Light Rail Line. Their concerns were incorporated into the applicant's plans along with conditions from staff. Based on a letter to the City dated September 8, 2011, Sound Transit no longer has concerns. Don Tomaso, Fire Marshal, provided a summary of the Fire Department's review and fire safety analysis for the project. Mr. Miles provided the following staff conclusions and recommendation: Placing the project in the MIC /H zone is more appropriate than allowing the use in other zones. The applicant has stated the project cannot be underground because it would interfere with leak detection. Generally, the project is compatible with adjacent uses. Residents will not be impacted by the use. Staff recommends approval of the project with the conditions listed in the staff report dated September 23, 2011. The Councilmembers asked clarifying questions of staff. Tukwila City Council Regular Meeting Minutes October 3, 2011 Page 4 of 8 John Stewart, President of Blue Star Gas, and Chris Mastrup, Director of Safety, came forward in support of the project. Mr. Stewart emphasized that Blue Star has been a family owned and operated business for 73 years. They have 13 locations in California and Oregon, with over 100 employees. They have an exceptional safety record and have spared no expense in ensuring safety for this project. Mr. Stewart explained there are 16 million vehicles worldwide that run on propane auto gas. Fewer than 120,000 are here in the United States. In his viewpoint, approval of the UUP will enhance Tukwila's position as a trend setter in sustainability by helping to make this clean burning, environmentally friendly fuel available to business fleets and the public. They looked at many locations for this use and chose Tukwila due to superior access to highways and proximity to the airport. Their company goals include installing an alternative fuel infrastructure at private fleet locations in Puget Sound and developing a network of public auto gas fueling stations to increase the viability of expanding the use of auto gases and alternative fuel. Benefits of using auto gas include a 35% reduction in greenhouse gas emissions, use of fuel that is 97% made in North America, and over $1.25 per gallon less expensive than gasoline. A major local hospital is already a client, and in the near future they expect to sign a major state agency for vehicle conversion and fuel supply. Mayor Haggerton called for public comments. Carolyn Phillip is the Property Manager for McConkey Development Company. She expressed support for the project to be permitted on their property. Blue Star gas is a solid business, and they do things right. The management team is thorough and professional and they have confidence in the group. They are safety conscious, innovative, and green and she encouraged the Council to approve the project. Steven Gerritson is the Vice President of Enterprise Seattle, the regional Economic Development Council of which the City of Tukwila is a member. He spoke in support of the project based on economic development and job growth and due to air quality benefits that will come with the project. 7:46 p.m. Mayor Haggerton closed the public hearing b. Ordinance No. 2348 establishing a 12 -month moratorium prohibiting the establishment, location, operation, licensing, maintenance, or continuation of any medical cannabis collective garden or any medical marijuana dispensary, whether for profit or not for profit, asserted to be authorized or actually authorized under E2SSI3 5073, Chapter 181, Laws of 2011, Chapter 69.51A RCW, or any other laws of the State of Washington. The City is required to hold a public hearing within 60 days of adoption of an emergency moratorium. 7:47 p.m. Mayor Haggerton opened the public hearing and asked for a staff report Nora Gierloff, Community Development Deputy Director, provided an overview of this item. On August 15` the City Council adopted Ordinance 2348 which established an emergency 12 month moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries. This was needed due to the confusion and uncertainty created by recent amendments to RCW 69.51A. Under State law the City is required to conduct a public hearing within 60 days of adoption of the emergency moratorium. The public hearing this evening meets that requirement, and the ordinance before the Council establishes findings of fact for the adopted moratorium. The recent amendments to RCW 69.51A change the scope and effect of the law affecting the rights of qualifying patients and their designated providers. The law now allows "collective gardens" that provide for growing and cultivating up to 45 plants to serve no more than 10 qualifying patients. The new law, however, clearly delegates to cities the authority to implement zoning requirements, business licensing requirements, health and safety requirements, and business taxes as those requirements and taxes relate to the production, processing, or dispensing of medical marijuana. In particular, local regulations could address ambiguities concerning the location and operation of collective gardens, and ensure that provisions related to designated providers are not used to establish a de facto dispensary when the authority for such uses was vetoed. Tukwila City Council Regular Meeting Minutes October 3, 2011 Page 5 of 8 The City's insurance carrier, WCIA, has issued an update emphasizing the need for cities to proceed cautiously in this uncharted area. Given the contradictory legal framework and the lack of clarity in RCW 69.51A, the City of Tukwila needs additional time to study the issue and analyze the impacts of allowing these uses and facilities in residential zones, as well as impacts arising from the proximity of these uses and facilities to schools, daycares, parks, religious and cultural facilities, jails and courthouses. Mayor Haggerton called for public comments. Evan Matsumoto, 9635 56 Avenue South, Seattle, explained that he was at the last meeting and referenced the 10 people who put together their own money to have access to medical marijuana. They had put forth the money before the moratorium was in place, and they had the lease in hand. They would like to be a part of the development of ordinances and zoning and be a model in working with the City. Mr. Matsumoto provided a document for distribution to the Council titled "Crime Rises When Medical Marijuana Dispensaries Close." 7:51 p.m. Mayor Haggerton closed the public hearing. UNFINISHED BUSINESS a. Adopt findings of fact, conclusions, and recommendations in the staff report and approve the Unclassified Use Permit for Blue Star Gas to operate a propane distribution facility at 10802 East Marginal Way South. MOVED BY ROBERTSON, SECONDED BY SEAL TO ADOPT FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATIONS IN THE STAFF REPORT AND APPROVED THE UNCLASSIFIED USE PERMIT FOR BLUE STAR GAS TO OPERATE A PROPANE DISTRIBUTION FACILITY AT 10802 EAST MARGINAL WAY SOUTH. MOTION CARRIED 7 -0. b. An ordinance relating to the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries; adopting findings of fact to justify the moratorium adopted by Ordinance No. 2348; providing for severability; and establishing an effective date. MOVED BY HOUGARDY, SECONDED BY ROBERTSON 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, RELATING TO THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HOUGARDY, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2350. c. An ordinance regarding livestock, small animals and fowl. MOVED BY DUFFIE, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes October 3, 2011 Page 6 of 8 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 ORDINANCE NO. 232 (PART) REGARDING LIVESTOCK, SMALL ANIMALS AND FOWL AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 7.08; REPEALING ORDINANCE NO. 232 §15, §17 AND §18; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2351. d. Authorize the Mayor to sign an agreement with Bonneville International for Seattle Southside Visitor Services advertising in an amount not to exceed $84,000.00. MOVED BY HOUGARDY, SECONDED BY ROBERTSON TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH BONNEVILLE INTERNATIONAL FOR SEATTLE SOUTHSIDE VISITOR SERVICES ADVERTISING IN AN AMOUNT NOT TO EXCEED $84,000.00. MOTION CARRIED 7 -0. e. An ordinance adopting a new chapter of the Tukwila Municipal Code entitled "Chronic Nuisance Properties," to include business license denial or revocation for chronic nuisance properties. MOVED BY HOUGARDY, SECONDED BY QUINN 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 8.27 ENTITLED "CHRONIC NUISANCE PROPERTIES;" AMENDING ORDINANCE NOS. 2333 §8 AND 2315 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 5.04.110, TO INCLUDE BUSINESS LICENSE DENIAL OR REVOCATION FOR CHRONIC NUISANCE PROPERTIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HOUGARDY, SECONDED BY QUINN THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2352. f. Authorize the early redemption of water and sewer revenue bonds issued in 1995 based on Tukwila City Council Ordinance No. 1735, adopted June 5, 1995. MOVED BY QUINN, SECONDED BY HOUGARDY TO AUTHORIZE THE EARLY REDEMPTION OF WATER AND SEWER REVENUE BONDS ISSUED IN 1995 BASED ON TUKWILA CITY COUNCIL ORDINANCE NO. 1735, ADOPTED JUNE 5, 1995. MOTION CARRIED 7 -0. REPORTS a. Mayor Mayor Haggerton reminded the Council of the Sister Cities delegation visit scheduled for October 6 -9, 2011. The Mayor attended the ribbon cutting event on September 29, 2011 for the new Value Village store in Tukwila. Additionally, he reported that the grand opening for the Tukwila Urban Center Access Klickitat project is scheduled for October 13, 2011 from 2:00 -3:00 p.m. On October 1, 2011, the Mayor attended a small, invitation -only gathering of World War II veterans who had been assigned to the USS William Seiverling. The Mayor relayed that he had submitted a letter to King County protesting the recent change to the ORCA card program (used by employees for Sound Transit ridership). The cost of the program, which had been $38,000 annually, was raised to approximately $80,000 per year with very short notice. Tukwila City Council Regular Meeting Minutes October 3, 2011 b. City Council Page 7 of 8 Councilmember Duffie toured the Tukwila Urban Access Center project with Public Works staff this past week. He also participated in the recent tour of the Tukwila Pool as it relates to facility needs. Councilmember Hernandez attended the September 28, 2011 Highline Forum which was combined with the South County Economic Development Initiative meeting. She also attended the reception for the former Finance Director and the tour of the Tukwila Pool. Councilmember Ekberg also participated in the tour of the Tukwila Pool. Councilmember Robertson relayed that he has heard concerns from citizens about sidewalks, and he would like to see the sidewalk policy addressed by a Council Committee (Community Affairs and Parks or Transportation). Citizens have indicated that the white stripe on the side of the road does not replace a sidewalk. Councilmember Seal participated in the tour of the Tukwila Pool. Councilmember Hougardy attended the September 28, 2011 Highline Forum and the October 1, 2011 Domestic Abuse Women's Network (DAWN) auction. Approximately $150,000 has gone toward helping South King County women based on proceeds from the auction. Councilmember Quinn attended the South County Human Services meeting on September 28, 2011, where the focus was on place building. Tukwila Village and community partnerships are good examples of place building, and he encouraged the Councilmembers and citizens to become familiar with place building. c. Staff Derek Speck, Interim City Administrator, explained that the October 13, 2011 grand opening of the Tukwila Urban Center Access Klickitat project will involve the Sounders and have a soccer theme. The event will be named "Kick Off Southcenter Parkway," and players from the Sounders will be in attendance to kick a soccer ball through the ribbon and to sign autographs. The Chamber of Commerce will be working with retailers to then start the "Shopping is easier at Southcenter" campaign. Peggy McCarthy, Interim Finance Director, announced that the proposed 2012 -2017 Financial Planning Model and Capital Improvement Program (CIP) is available, and copies were distributed to the Council. A workshop to discuss the CIP will be scheduled prior to adoption in November. d. City Attorney There was no report. e. Intergovernmental The Council Analyst is not required to attend Regular Meetings. Tukwila City Council Regular Meeting Minutes October 3, 2011 ADJOURNMENT Page 8 of 8 8:20 p.m. MOVED BY DUFFIE, SECONDED BY QUINN THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Gy✓ m Christy O'Flahe0f, City Clerk APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR: 10/17/11 AVAILABLE ON CITY WEBSITE: 10/18111