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Home My WebLink About2020-10-19 Regular MinutesTukwila City Council Regular Meeting Remote Meeting October 19, 2020 — 7:00 P.M. REGULAR MEETING This meeting conducted remotely, with the City Council, Mayor, and staff off -site and participating via a remote electronic system. All participants, including the Mayor, Councilm embers, City staff, and legal counsel were not at Tukwila City Hall and participated via aremote electronic system. The phone num berfor public participation thatwas provided via the agenda distribution process was: 1-253-292-9750, access code 670077847# as well as a link to join the Microsoft Teams Meeting. CALL TO ORDER/PLEDGE OFALLEGUANCE/ROLL CALL Mayor Ekberg called the remote Regular Meeting of the Tukwila City Council to order at01p.m.and led the audience in the Pledge ofAllegiance. ROLL CALL Christy {}'F|ahady.City Clerk, called the roll nfthe Council. Present atthe remote meeting were Counni|momberm Verna Soa|, Kathy Hougandy' De'Sean Quinn, Kate KmUor. Zak |dmn. Cynthia Oe|osthmomJuhneon. MOVED BY SEAL, SECONDED BY K0ULLERTO EXCUSE COUNC|L88EAABER88CLEOD FROM THE MEETING. MOTION CARRIED G-0' CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Karl Sand, City Attorney; Joseph Todd, Technology Services Director; JV*| Bush, Senior Technology Information Manager; Jay VNttvwer, Fire Chief; Eric Dnaver, Interim Police Chief; Tony CuUedmn, Deputy Finance Director; Rick StiU, Parks and Recreation Director; Hari Ponnekomdi. Interim Public Works Director; Jack Pace, Community Development Director; Max Baker, Senior Planner; Derek Speck, Economic Development Administrator; Brandon Miles, Business Relations Manager; Juan Padilla, Human Resources Director; Laurel Humphr*y, Legislative Analyst; Christy O'Flaherty, City Clerk. PUBLIC COMMENTS Those wishing to provide public comment had the opportunity to deliver public comments via email by 5:OOp.m.today. Laurel Humphrey, Legislative Analyst, acknowledged receipt ofand read the following written comments received by email: Sondra Lesser, Dvwlor of hoyBitty Kid Kone, relayed public safety concerns regarding the pedestrian walkway along 152n« Avenue South. The construction workers are using the sidewalk topark their cars when there are clear signs stating there is no parking on the sidewalk. a. Approval of Minutes: 10/5/20 Mtg.) b. Approval ofVouchers ; #201001-201003 inthe amount of$8.102.21O.57 c. Award ubid and authorize the Mayor tosign a contract with Wianahbonk Construction, Inc., forthe East Marginal Way South Outfalls Project, inthe amount of$1.O35.2O1.00 (to include conbngency). /Reviewed and forwarded to Consent by the 7ianapudebon and /n0oabuntuxe Committee on 18/5/20/ d. Authorize the Mayor tosign Supplement No. 1 tocontract #19-DS5with TnsnTeoh Engineering forthe West Valley Highway U-405-Gtnandnr Boulevard) Project, in the amount nf$148.325.00. [Reviewed and forwarded hmConsent bythe Transportation and Infrastructure Committee on 1015120.] Tukwila City Council Regular Minutes October 1B.202O Page 3uf8 a Authorize the Mayor tosign agrant agreement with Sound Transit forthe South 152nd Street Sof* Routes to School Prnjert, in the amount of $369,000.00 (coming to the City). [Reviewed and forwarded toConsent by the Transportation and Infrastructure Committee onfQ15120.] f. An ondinanoorepealing Ordinance Nos. 211O and 2155, ascod ifiedasChapter S.5O."Co nounmnoy Management;" reenacting TMC Chapter 9.50 to amend regulations relating tnconcurrency testing. [Reviewed and forwarded to Consent by the Committee of the Whole on 10/12120] ORDINANCE NO. 2635 MOVED BY SEAL, SECONDED BY HOUGARDY THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 6-$. Quasi -Judicial Hearing: Tbconsider anordinance torevise an existing condition for apreviously approved ordinance amending the Comprehensive Plan and Zoning Maps designation ofthe west half of parcel #7345600766 from Low Density Residential (LDF) to[bmmeroio|/Ught Industrial (C/Ll) from King County Metro (File Number L18'0114 / Project Name: King County Metro Rezone). Location: 12677 East Marginal Way South, Tukwila, WA 98168 Chhoty O'Flaherty, Records Governance Manager/City C|erk, announced this is quasi-judicial motter, with the City Council acting as the deoimion+neke/bae*d on the information and record presented at this meeting, similar tothe process used byahearing examiner orjudge. Quasi-judicial matters donot follow the standard Council agenda process of Council Committee. Committee ofthe Whole and Regular Meeting. The Council iobeing asked tnconduct the public hearing this evening tononsideranordinance torevise anexisting condition fora previously approved ordinance amending the Comprehensive Plan and Zoning Maps designation ofthe west half ofparcel #7345GOO7G6 from Low Density Residential (LDR) to Commercial—Light |ndustde| ([/L|) from King County Metro (File Number L18-0114/Pnjeot Name: King County Metro Rezone). LOCATION: 12677 East Marginal Way South, Tukwila, WA 98168 Part of the quasi-judicial process involves Appearance of Fairness questions to be asked of each Counoi|member. Christy O'Flaherty, City Clerk, explained that City staff and the applicant will have an opportunity to provide 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. 7:07 p.m. Mayor Ekberg opened the public hearing. Council President Quinn said heis recusing himself from the following item asheworks forKingComty. Hewill leave the virtual meeting fortheQuasi-Judicial Public Hearing and the deliberation and vote Vnan ordinance amending the Comprehensive Plan and Zoning Maps designation nfthe west half ofparcel #7345600766 from Low Density Residential (LDR) toCommenoim|/Ught Industrial (C/L|) from King County Metro (File Number L18-0114 / Project Name: King County Metro Rezone). Location: 12677 East Marginal Way South, TukvW|a, WA 98168 Councilmember Idan said he works for King County and is recusing himself from this item. Hawill leave the virtual meeting fortheQuasi-Judicial Public Hearing and the deliberation and vote onanordinance amending the Comprehensive Plan and Zoning Maps designation of the west half of parcel #7345600766 from Low Density Residential (LDR) toCommeroieKLight |wduotho| ([/L|) from King County Metro (File Number L18-0114 / Project Name: King County Metro Rezone\ Location: 12677 East Marginal Way South, Tukwila, WA 98168 Ms. O'Flaherty stated that testimony at aqmmi-judicial hearing is taken under oath. She asked dmne Tukwila City Council Regular Minutes October 19, 2020 Page 3 of 8 microphones by choosing *6 if they called in using phones or by selecting "unmute" in the Microsoft TEAMS interface. She then asked them to raise their right hand and asked, "Do you swear oraffirm 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 the Councilmembers: 1. Do you oryour family have any interest in the subject property located at 12677 East Marginal Way South in Tukwila? SEAL NO HOUGARDY NO QUINN RECUSED KRULLER NO DELOSTRINOS JOHNSON NO 2. Do you stand to gain or lose by your decision on this matter? SEAL NO HOUGARDY NO QUINN RCC 1211=10 KRULLER NO DELOSTRINOS JOHNSON NO 3. Have you had any ex -parte communications regarding this application? SEAL NO HOUGARDY NO QUINN REGUSED KRULLER NO The City Clerk then asked, "Does anyone in the audience object to any of the Councilmembers; presiding over this matter?" She asked those wishing to respond at this virtual meeting to unmute their microphones by choosing *6 if they called in using phones or by selecting "unmute" in the Microsoft TEAMS interface. There was no response from the audience. The City Clerk stated that a staff report will now be provided on an ordinance to revise an existing condition fora previously approved ordinance amending 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 Metro (File Number L18-0114/Project Name: King County Metro Rezone). Per the agenda procedures, 15 minutes will be allowed forthe staff report. Tukwila City Council Regular Minutes October 1Q.2O2O Max Baker, Senior Planner, provided the following info nnaUoneboutthis ordinance. Page 4 of 8 ISSUE Council is requested to consideran ordinance revising o condition inOrdinance 2605. which previously approved a rezone for a property at 12677 E. Marginal Way S. BACKGROUND OnMay 13. 2019. Tukwila City Council approved Ordinance No. 26O5torezone 12877 E. Marginal Way S.. Tukwi|a, from split zone Commercial/Light Industrial (C/L|) and Low Density Residential (L0R) to 1. The Type 11 stream located within a pipe on the western half of the property shall be daylighted and/or upgraded tomeet the standards inthe VVDFVVmanual "Design ofRoad Culverts for Fish Passage" (2003 or as updated) prior to receiving a certif icate of occupancy for the development of the site. Kdey|ighdingorupgrading ofthe stream improven hm be technically infeasible, the western portions ofthe site located within the stream buffer area shall beplanted with native plants that improves the original condition inspecies diversity and density. All existing durable surfaces within the stream bufferohoUbaremoved. 2. Within 180days ofpassage of this ordinance, the applicant shall record against the site a covenant orother document, approved bythe City, requiring compliance with the stated conditions. 3. Failure to comply with the conditions set forth herein shall cause the change to the Zoning K4op to be null and void, and the subject property shall revert to the zoning immediately preceding passage ofthis ordinance. The Vhgimd staff report onthe rezone and Ordinance 2605 are included as Attachment 0 and C, respectively in the Council Agenda packet. DISCUSSION Due inpart tothe COV01Apandemic, King County Metro was unable tomeet the requirements ofthe second condition requiring the recording of a covenant or other document within 18Odays ofthe ordinance approval. As a result, they are requesting an extension of this condition to December 31, 2020. Their request is included as Attachment Dtothis staff report in the Council Agenda packet. The proposed Ordinance revising the date for Condition #2, as requested by the applicant, is included as Attachment Ainthe Council Agenda packet. RECOMMENDATION City staff is recommending approval of the ordinance. CouncilmemberKrullerinquired moto when the 180-daydeadline passed. Max Baker, Senior Planner, responded the date was November 8'201S. Mu.KmUer expressed concern regarding olapse requiring almost 1 year and 2 months forthe applicant to bring this matter into compliance. Tom Paine, King County Metro Transit Real Estate& Environmental Supervisor, confirmed the timeline hnrecord the covenant did not get done before the deadline. They have since ensured that both the County and City of Tukwila attorneys are working together in drafting the covenant language. They are poised to quickly record the covenant once the language is vetted by both agencies. Counci|member NnuUor inquired ofCity staff aatowhether there aro checks and balances inb*nm||y to ensure applicants stay ontrack. Max Baker, Senior Planner, said this particular condition regarding a covenant is not typical ofthe more standard expiration terms of Community Development Permits. In many cases an expiring permit can come before the Director to extend an expiration date. Since this isa quasi-judicial matter, itneeded tocome before the Council. The City Clerk stated that the applicant may now provide orepo dt/presentationonanordinance to revise anexisting condition fora previously approved ordinance amending the Comprehensive Plan and Zoning Maps designation ofthe west half ofparcel #7345SOO76G fpomLow Density Residential (LDF)ho Commercial—Light Industrial ([/L|) from King County Metro (File Number L18-0114/Pnjeot Name: King Tukwila City Council Regular Minutes October 19, 2020 Page 5 of 8 County Metro Rezone). Per the aQend aprocedures, 15minutes will beallowed for the applicant presentation. Staff inattendance from King County K4edru included Tom Paine, Gillian Zacharias, and Jennifer Lee. Tom Poino, King County Metro Transit Real Estato& Environmental Supemiaor, stated that they du not have mrepo rt/preoentabononthis item. The City Clerk asked ifeither staff ortheapplicant had any other comments. Per the agenda procedures, 5minutes would beallowed byeach for rebuttal. There were no rebuttals oroddiUono|comments from City staff orstaff from King County Metro. 7:26 p.m. Mayor Ekberg called for public comments. Those wishing to provide public comment had the opportunity to deliver public comments via email by S:OOp.m.today tothe Legislative Analyst. Laurel Humphrey, Legislative Analyst, stated she did not receive any comments. Additionally, Christy O'Flaherty, City C|erk, asked the audience members at this virtual meeting if they would like to comment to unmute their microphones by choosing *6 if they called in using phones orbyselecting ^unmute'inthe Microsoft TEAMS interface. There were no public comments. Mayor Ekberg asked for Council comments. CouncUmemberKru|bxreiterated the need for staff and City Administration tohave had umonthly check- in with King County to ensure this matter was on track. Max Baker, Senior Planner, conveyed that while check -ins do take place, they are usually for more shovel -ready projects that involve inspections. There were also short staff ing issues and other priorities that took precedence during this time period. Ms. KnuUor referenced having worked for King County and expressed surprise that o deadline was not checked or mot in approximately a year. She expressed concern about the new deadline being met by December 31.2020. Tom Paina, King County Metro Transit Real Estate & Environmental Supervisor, said the County closed onthe property inJuly 2O1Q. and the commitment regarding the covenant did not occur amintended. This has been alearning moment, and heprovided assurance there would befollow-through torecord the covenant. The document is being reviewed by both the County and City attorneys at this time, and once agreed upon, it will be recorded. He hopes to record it before the dead|ino, with the intent to be in full compliance with the City's ordinance. Ms. Km||or referenced discussions leading uptothis matter with King County as it relates to the transportation desert in the Allentown area of Tukwila. Aymar has gone byand there has not been progress on this important issue. We now have an extension being requested of us, and there is also a need for the City to have help from the County as it nm|atae to asehoua transportation problem in one of our neighborhoods. Mayor Ekberg said he would seek o response regarding this issue. Ma. Kru||nr expressed a dooiroforoommitmentn and dates toensure accountability. 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. There were no further comments orquestions. Tukwila City Council Regular Minutes October 19, 2020 Page 6 of 8 UNFINISHED BUSINESS a. Quasi -Judicial: An ordinance extending the time to record a covenant required by Ordinance No. 2605 pertaining to the rezone of 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; ratifying prior acts. MOVED BY SEAL, SECONDED BY HOUGARDY 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, EXTENDING THE TIME TO RECORD A COVENANT REQUIRED BY ORDINANCE NO. 2605 PERTAINING TO THE REZONE OF REAL PROPERTY LOCATED AT 12677 E. MARGINAL WAY S., TUKWILA, FROM SPLIT ZONE COMMERCIAULIGHT INDUSTRIAL (C/LI) AND LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAULIGHT INDUSTRIAL ONLY; RATIFYING PRIOR ACTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Kari Sand, City Attorney, referenced that 2 Councilmembers have recused themselves from this item and 1 Councilmember is absent. She offered the reminder that per RCW 35A.12.120, it takes a quorum of the 7 -member Council to adopt an ordinance, which is 4 members. If it turns out there are less than 4 members who intend to vote affirmatively, this matter can be forwarded to a Special meeting next week or to the Council's next Regular Meeting when the full 7 -member Council is present. MOVED BY SEAL, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 4-0, TO ADOPT ORDINANCE NO. 2636. 7:44 p.m. Council President Quinn and Councilmember Idan returned to the virtual meeting. b. Weekly COVID-19 report. David Cline, City Administrator, provided an update on the City's coronavirus response referencing the continued work of Human Services and the Best Starts for Kids Program; ongoing rental assistance; business recovery support; and benefits of local COVID-19 testing sites. Council President Quinn had asked forthe COVID-19 report to include a list of those in the community who have received support. He asked the King County DCHS (Department of Community and Human Services) to share information about those funds, and that information should be available to the City's Human Services Office. He would like it to be included in the next COVID-19 report. Mr. Cline confirmed it would be in the next report. Councilmember Kruller expressed appreciation for the Church by the Side of the Road having a COVID- 19 testing site on TIB (Tukwila International Blvd.) It has come to her attention that the Abu-Bakr Mosque will also have a testing site in the future. Ms. Kruller has had input from NLC (National League of Cities) as it relates to areas that are lacking in funding from the Federal government. Tukwila has fared well due to the work of the Technology Services Department that had the organization well poised to work from home due to providing laptops before the pandemic hit. The City has also had great contributions due to the work of faith -based communities and non-profit organizations. If these agencies were not contributing, Tukwila's budget would be more greatly impacted due to the pandemic and the economic downturn. She asked if City Administration could provide input to her in the next 2 days, so she can get back to NLC regarding Tukwila's potential need for federal funds. Mr. Cline relayed that he would get back to Councilmember Kruller regarding this issue. Tukwila City Council Regular Minutes October 19, 2020 Page 7 of 8 c. A resolution repealing Resolution No. 1988 relating to a temporary pay reduction for non - represented employees to assist with addressing the budget shortfall associated with the coronavirus pandemic. MOVED BY SEAL, SECONDED BY KRULLER 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. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING RESOLUTION NO. 1988 RELATING TO A TEMPORARY PAY REDUCTION FOR NON -REPRESENTED EMPLOYEES TO ASSIST WITH ADDRESSING THE BUDGET SHORTFALL ASSOCIATED WITH THE CORONAVIRUS PANDEMIC. MOVED BY HOUGARDY, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6-0, TO ADOPT RESOLUTION NO. 2007. d. Approve a lodging tax application from the Seattle Southside Regional Tourism Authority (SSRTA) in the reduced amount of $75,000 from an original amount of $195,000. MOVED BY QUINN, SECONDED BY SEAL TO APPROVE A LODGING TAX APPLICATION FROM THE SEATTLE SOUTHSIDE REGIONAL TOURISM AUTHORITY IN THE REDUCED AMOUNT OF $75,000 FROM AN ORIGINAL AMOUNT OF $195,000.* Laurel Humphrey, Legislative Analyst, acknowledged receipt of and read the following written comments received by email regarding this topic: Katherine Kertzman, President and CEO of Seattle Southside Regional Tourism Authority, requested that the City Council reconsider staff's recommendation and fully fund the Meetings Marketing & Incentive Campaign. Brandon Miles, Business Relations Manager, provided an overview of this issue to include a determination that the administrative cost of the SSRTA is duplicative of existing tourism agreements; SSRTA is already obligated to market and promote Tukwila and provide meeting and convention services. Staff supports the SSRTA initiative to bring meetings back to Seattle Southside for 2021-2022. The Councilmembers asked clarifying questions of Mr. Miles. *MOTION CARRIED 6-0. REPORTS a. Mayor There was no report. b. City Council Councilmember Seal said there is a virtual Budget Work Session on Tuesday, October20, 2020 at 5:30 p.m. Councilmember Kruller said the U.S. Census has been shortened to October 15 by the Supreme Court. She asked where she could bring signs for proper recycling. She also reminded everyone to vote. Mayor Ekberg said Ms. Kruller can bring the census signs to City Hall, and he will take care of recycling the signs. Tukwila City Council Regular Minutes October 19, 2020 C. Staff David Cline, City Administrator, referenced the CA (City Administrator) report as well as the 2020 3rd Quarter Work Plan update and offered to answer any questions. d. City Attorney There was no report. e. Legislative Analyst There was no report. MISCELLANEOUS Councilmember Hougardy said she has pushed out a reminder about the budget survey to social media platforms to try and spread the word. If others have ways of getting the word out, it would be helpful so residents have an opportunity to weigh-in. Councilmember Hougardy referenced the "Tukwila Works" system on the CRY website. Due toissues associated with the COVID-19 pandemic, the system has been suspended at this time. There is some confusion because the notice on the website is so far down in the text that folks are not realizing that the system is not in use right now. She asked that City staff change the location of language on the website to ensure it is more prominent to viewers, and possibly include an auto -generated message about the suspension if folks do put in a request through the system. ADJOURNMENT 8:13 p.m. UNANIMOUS CONSENSUS EXISTED TO ADJOURN THE REGULAR MEETING. Allan Ekberg, Mayor Christy O'Flaherty, City Clerk APPROVED BY THE CITY COUNCIL: 11/2/20 AVAILABLE ON THE CITY WEBSITE: 11/3/20