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HomeMy WebLinkAbout2022-08-15 Regular Minutes6140 Tukwila City Council Regular Meeting On-site and Virtual Meeting August 15, 2022 — 7:00 P.M. MINUTES REGULAR MEETING This meeting was conducted both on-site at Tukwila City Hall and virtually via Microsoft TEAMS. The phone number for public participation that was provided via the agenda distribution process was: 1-253-292-9750, access code 670077847# to include a link to join the Teams Meeting. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL Mayor Ekberg (on-site) 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. Andy Youn, Deputy City Clerk, called the roll of the Council. Present at the meeting were Councilmembers Kathy Hougardy (remote), De'Sean Quinn (on-site) Kate Kruller (on-site), Thomas McLeod (on-site), Cynthia Delostrinos Johnson (on-site), Tosh Sharp (on-site). MOVED BY KRULLER, SECONDED BY QUINN TO EXCUSE COUNCILMEMBER ABDI FROM THE MEETING. MOTION CARRIED 6-0. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Rachel Bianchi, Deputy City Administrator; Emily Miner, Assistant City Attorney; Eric Dreyer, Police Chief; Eric Lund, Deputy Police Chief; Jay Wittwer, Fire Chief; Norm Golden, Deputy Fire Chief; Tony Cullerton, Deputy Finance Director; Hari Ponnekanti, Public Works Director; Henry Ancira, Facilities Superintendent; Nora Gierloff, Community Development Director; Maxwell Baker, Community Development Supervisor; Brandon Miles, Business Relations Manager; Laurel Humphrey, Legislative Analyst; Christy O'Flaherty, City Clerk; Andy Youn, Deputy City Clerk; Felipe Ayala, Administrative Support Coordinator. LAND ACKNOWLEDGEMENT — Councilmember Hougardy stated "The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging." PUBLIC COMMENTS Those wishing to provide public comment had the opportunity to sign up via email by 5:00 p.m. today to read comments verbally at the meeting. Mayor Ekberg asked those who had signed up to proceed with their public comments. Greg Sherlock expressed concern about what he considers to be inaccuracies in the agenda packet for Item 8, Noise Ordinance Update, regarding his noise complaint against the Sabey Data Center. Mr. Sherlock presented data and information to support his concerns. He also conveyed that he has always been open to having a noise study done from his property. APPOINTMENTS a. Arts Commission: (1) Confirm the appointment of Pat Bako to Position #1 on the Arts Commission, with a term expiring December 31, 2022. MOVED BY QUINN, SECONDED BY KRULLER TO CONFIRM THE APPOINTMENT OF PAT BAKO TO POSITION #1 ON THE ARTS COMMISSION, WITH A TERM EXPIRING DECEMBER 31, 2022. MOTION CARRIED 6-0. Tukwila City Council Regular Meeting Minutes August 15, 2022 Page 2 of 6 (2) Confirm the appointment of Verna Seal to Position #4 on the Arts Commission, with a term expiring December 31, 2024. MOVED BY KRULLER, SECONDED BY MCLEOD TO CONFIRM THE APPOINTMENT OF VERNA SEAL TO POSITION #4 ON THE ARTS COMMISSION, WITH A TERM EXPIRING DECEMBER 31, 2024. MOTION CARRIED 6-0. b. Library Advisory Board: 1. Confirm the appointment of Cassandra Galante to Position #5 on the Library Advisory Board, with a term expiring December 31, 2023. MOVED BY MCLEOD, SECONDED BY DELOSTRINOS JOHNSON TO CONFIRM THE APPOINTMENT OF CASSANDRA GALANTE TO POSITION #5 ON THE LIBRARY ADVISORY BOARD, WITH A TERM EXPIRING DECEMBER 31, 2023. MOTION CARRIED 6-0. PRESENTATIONS a. End of Season Update — Seattle Seawolves. Brian Jones, President and Owner; and Dillon Ross, Vice President of Business Strategy and Development, Seattle Seawolves. Brian Jones, Dillon Ross and Coach Allen Clarke from the Seattle Seawolves Rugby team provided an update on the 2022 season. The Seawolves play and practice at Starfire Sports in Tukwila and won the 2022 Major League Rugby Western Conference Final. They expressed appreciation for their partnership with the City of Tukwila. The Councilmembers expressed appreciation to the Seawolves for their involvement with local youth, positive impact to the community, and inspiration to future generations. b. An update on Seattle Southside Tourism Authority. Mark Everton, President/CEO Seattle Southside RTA (Regional Tourism Authority). Mark Everton, President/CEO for Seattle Southside RTA provided an overview with the following key points. RTA priorities: • Increase travel & tourism spending in our communities • Drive economic impact for the benefit of every person within our communities • Enhance the awareness and public image of our communities as dynamic places to live and work • Focus messaging outside of our region to drive overnight lodging • Funded by $2 TPA (Tourism Promotion Area) assessment paid by guests staying at a Tukwila, SeaTac or Des Moines hotel with 90+ rooms The Councilmembers asked clarifying questions and exchanged comments regarding the information provided and thanked Mr. Everton for his great work in the region. CONSENT AGENDA a. Approval of Minutes: 8/1/22 (Regular Mtg.) b. Approval of Vouchers #00401089-00401250 in the amount of $3,943,566.02. MOVED BY HOUGARDY, SECONDED BY MCLEOD THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 6-0. Tukwila City Council Regular Meeting Minutes August 15, 2022 Page 3 of 6 UNFINISHED BUSINESS a. 2022 Code Amendments: (1) Title 8: An ordinance amending Tukwila Municipal Code (TMC) Title 8, "Public Peace, Morals and Safety," and Ordinance No. 2293 §13, as codified at TMC Section 8.22.120.B, to amend language on public notice requirements for residential parties; repealing Ordinance No. 2370 §13, as codified at TMC Section 8.22.120.B. MOVED BY MCLEOD, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Andy Youn, Deputy City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING TUKWILA MUNICIPAL CODE (TMC) TITLE 8, "PUBLIC PEACE, MORALS AND SAFETY," AND ORDINANCE NO. 2293 §13, AS CODIFIED AT TMC SECTION 8.22.120.B, TO AMEND LANGUAGE ON PUBLIC NOTICE REQUIREMENTS FOR RESIDENTIAL PARTIES; REPEALING ORDINANCE NO. 2370 §13, AS CODIFIED AT TMC SECTION 8.22.120.B; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY KRULLER, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6-0, TO ADOPT ORDINANCE NO. 2676. (2) Title 17: An ordinance amending Tukwila Municipal Code (TMC) Title 17, "Subdivisions and Plats," including Ordinance Nos. 2649 §2 and 1833 §1 (part), as codified at TMC Section 17.08.030, "Preliminary Approval," to add clarifying language regarding zoning requirements for boundary line adjustments. MOVED BY MCLEOD, SECONDED BY DELOSTRINOS JOHNSON THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Andy Youn, Deputy City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE (TMC) TITLE 17, "SUBDIVISIONS AND PLATS," INCLUDING ORDINANCE NOS. 2649 §2 AND 1833 §1 (PART), AS CODIFIED AT TMC SECTION 17.08.030, "PRELIMINARY APPROVAL," TO ADD CLARIFYING LANGUAGE REGARDING ZONING REQUIREMENTS FOR BOUNDARY LINE ADJUSTMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DELOSTRINOS JOHNSON, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6-0, TO ADOPT ORDINANCE NO. 2677. (3) Title 18: An ordinance amending various ordinances as codified in Tukwila Municipal Code (TMC) Title 18, "Zoning," as delineated herein, to incorporate a variety of housekeeping code amendments including Definitions (TMC 18.06), and regulations related to: Non -Residential Development (TMC 18.41), Shoreline Conditional Use Permits (TMC 18.44), Single -Family Dwelling Design Standards and Exceptions (TMC 18.50), Landscaping Requirements (TMC 18.52), Tree Exception Permits and Procedures (TMC 18.54), Nonconforming Structures (TMC 18.70), and Classification of Project Permit Applications (TMC 18.104); as well as revisions to the Basic Development Standards in various sections of the TMC as detailed herein; and an update to Table 18-6, "Land Uses Allowed by District." MOVED BY QUINN, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Tukwila City Council Regular Meeting Minutes August 15, 2022 Page 4 of 6 Andy Youn, Deputy City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING," AS DELINEATED HEREIN, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS INCLUDING DEFINITIONS (TMC 18.06), AND REGULATIONS RELATED TO: NON-RESIDENTIAL DEVELOPMENT (TMC 18.41), SHORELINE CONDITIONAL USE PERMITS (TMC 18.44), SINGLE-FAMILY DWELLING DESIGN STANDARDS AND EXCEPTIONS (TMC 18.50), LANDSCAPING REQUIREMENTS (TMC 18.52), TREE EXCEPTION PERMITS AND PROCEDURES (TMC 18.54), NONCONFORMING STRUCTURES (TMC 18.70), AND CLASSIFICATION OF PROJECT PERMIT APPLICATIONS (TMC 18.104); AS WELL AS REVISIONS TO THE BASIC DEVELOPMENT STANDARDS IN VARIOUS SECTIONS OF THE TMC AS DETAILED HEREIN; AND AN UPDATE TO TABLE 18-6, "LAND USES ALLOWED BY DISTRICT;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DELOSTRINOS JOHNSON, SECONDED BY MCLEOD THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilmember Sharp referenced his concerns from a prior meeting about acronyms not being spelled out in this ordinance. He relayed it is imperative that readers who may not be familiar with the complex data to have that clarity. The Councilmembers expressed support for a process that ensures acronyms are spelled out in agenda documentation. Mayor Ekberg relayed that he will work with staff to ensure that occurs in the future. Max Baker, Community Development Supervisor, pointed out a scrivener's error in this ordinance where the word "setbacks" should be replaced by "landscaping" which had always been the intent. MOVED BY KRULLER, SECONDED BY QUINN TO ACCEPT THE AMENDMENT TO CHANGE THE WORD "SETBACKS" TO "LANDSCAPING" IN THE ORDINANCE. MOTION CARRIED 6-0. *MOTION CARRIED 6-0, TO ADOPT ORDINANCE NO. 2678. (4) Title 19: An ordinance amending Tukwila Municipal Code (TMC) Title 19, "Sign And Visual Communication Code," including Ordinance Nos. 2375 §6 and 2303 §5 (part), as codified at TMC Section 19.20.030.B.7; Ordinance Nos. 2375 §7 and 2303 §5 (part), as codified at TMC Section 19.20.040; and Ordinance No. 2375 §10, as codified at TMC Section 19.32.075, to amend language regarding changes to sign copy and to clarify language on freestanding and monument sign regulations; and adding a new definition for "mural." MOVED BY KRULLER, SECONDED BY DELOSTRINOS JOHSON THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Andy Youn, Deputy City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE (TMC) TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE," INCLUDING ORDINANCE NOS. 2375 §6 AND 2303 §5 (PART), AS CODIFIED AT TMC SECTION 19.20.030.B.7; ORDINANCE NOS. 2375 §7 AND 2303 §5 (PART), AS CODIFIED AT TMC SECTION 19.20.040; AND ORDINANCE NO. 2375 §10, AS CODIFIED AT TMC SECTION 19.32.075, TO AMEND LANGUAGE REGARDING CHANGES TO SIGN COPY AND TO CLARIFY LANGUAGE ON FREESTANDING AND MONUMENT SIGN REGULATIONS; ADDING A NEW DEFINITION FOR "MURAL," PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6-0, TO ADOPT ORDINANCE NO. 2679. Tukwila City Council Regular Meeting Minutes August 15, 2022 Page 5 of 6 b. Authorize the Mayor to sign a contract with John Palewicz for Program Management Quality Assurance (PMQA) services, in an amount not to exceed $45,000.00. MOVED BY KRULLER, SECONDED BY MCLEOD TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH JOHN PALEWICZ FOR PROGRAM MANAGEMENT QUALITY ASSURANCE (PMQA) SERVICES, IN AN AMOUNT NOT TO EXCEED $45,000.00. MOTION CARRIED 6-0. c. Authorize the Mayor to sign a contract with Pacific Exteriors, LLC, for the City Hall Siding Repairs Project, in the amount of $113,399.34. MOVED BY QUINN, SECONDED BY MCLEOD TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH PACIFIC EXTERIORS, LLC, FOR THE CITY HALL SIDING REPAIRS PROJECT, IN THE AMOUNT OF $113,399.34.* Henry Ancira, Facilities Superintendent, explained that City Hall is 45 years -old and the original siding on the southside of the building is compromised and exposes the structure to further damage. Three contractors reviewed the situation and confirmed that the siding is extremely damaged. *MOTION CARRIED 6-0. NEW BUSINESS An update on the noise ordinance. Nora Gierloff, Community Development Director, and Emily Miner, Assistant City Attorney, provided an update on the noise ordinance. Questions for the Council to consider are whether the City should retain the plainly audible standard in the Noise Code; If so, whether we should provide additional guidance in the Code as to when it is appropriate to use that enforcement mechanism rather than a decibel level standard. Codifying the legislative intent that the plainly audible standard is to be used for "in the moment" enforcement of short-term events while the decibel level table is appropriate for ongoing or reoccurring noise generation by equipment or commercial activity would provide clarity for Code Enforcement, Police Officers and the community at large. The Councilmembers discussed this issue with the following key points: Recognition that there are two issues (1) regarding a change to the City's Code and (2) resolving the ongoing issue involving a City resident; The need to develop solutions for residents affected by industry noise; The importance of doing the work to verify the issues as the City did regarding Sound Transit; The benefit of involving judges and hearing examiners to provide input as to what would hold up in court; Support for sending Code changes to a Committee with a focus on resolution of the resident issue as a first priority. David Cline, City Administrator, explained the King County Office of Alternative Dispute Resolution has been contacted. The staff there has indicated there is an opportunity for mediation on this issue if both of the affected parties are willing to participate in good faith. Mayor Ekberg relayed that based on the discussion, the Code change can be sent to a Committee for discussion with no urgency as to the timeline, to include the continued priority of resolving the noise issue with the resident. REPORTS a. Mayor There was no report. b. City Council Councilmember Hougardy attended the recent "See You in the Park" event at Riverton Park. Tukwila City Council Regular Meeting Minutes August 15, 2022 Page 6 of 6 Councilmember Quinn also attended the "See You in the Park" event. Mr. Quinn wanted to express that the City has lost a great member of the community with the passing of Jerry Thornton. Mayor Ekberg expressed that he has spoken with Mr. Thornton's family member regarding a memorial service. Councilmember Kruller also attended the "See You in the Park" event. She also referenced the 2022 Construction Apprentice guidebook that provides information on how to apply for apprenticeships in various unions. Additionally, she visited the Health Point facility with David Hackney from the 11th District of the Washington State House of Representatives. She also attended the Vietnamese Martyrs Parish summer festival, which is a wonderful event that brings pride to Tukwila. Ms. Kruller was selected to be part of the PSRC (Puget Sound Regional Council) work group as it relates to equity criteria as part of the selection process for projects. She reported on the recent Transportation and Infrastructure Services Committee meeting where the Committee reviewed the process associated with the RFP (Request for Proposals) regarding the Solid Waste Contract. The Committee found the process to be handled appropriately. There were suggestions from a resident about the contract that have been forwarded to the Council. Councilmember Delostrinos Johnson reported that the Planning and Community Development Committee received an update on the City's Rental Housing Program. Councilmember Sharp also referenced the loss of Jerry Thornton and remembered him as being a mentor regarding his work on the COPCAB (Community Oriented Policing Citizens Advisory Board). He also attended the "See You in the Park" event and enjoyed meeting Parks and Recreation and Pool staff. He heard from attendees that they would like to see bigger events, such as a "Tukwila Day." c. Staff David Cline, City Administrator, referenced the CA (City Administrator) report and offered to answer any questions. Mr. Cline provided guidance on how to access COVID-19 information on the City's website. Councilmember Kruller suggested that information from King County Public Health regarding Monkey Pox should be posted on City sites as well. ADJOURNMENT 9:47 p.m. UNANIMOUS CONSENSUS EXISTED TO ADJOURN THE REGULAR MEETING. Allan Ekberg, Mayor GsU ZZiej 0 CairP.c&,/ Christy O'Flaherty, Records Governance Manager/City Clerk APPROVED BY THE CITY COUNCIL: 9/12/22 AVAILABLE ON CITY WEBSITE: 9/13/22