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Home My WebLink About2023-12-04 Regular MinutesTukwila City Council Regular Meeting On -site and Virtual Meeting Oecemmber4.20 23-7: 00p'm. MINUTES This meeting was conducted both on -site at Tukwila City Hall and virtually via Microsoft Teams. The phone number via the agenda distribution process was: /'253-292-0750�access code §70077047#mowell wxelink mjoin the Microsoft Teams Meeting. REGULAR MEETING CALL TOORDER/PLEDGE OF/\LLEG[ANCEROLLCALL/ LAND ACKNOWLEDGMENT Mayor Ekberg called the Regular Meeting of the Tukwila City Council to order at 7:00 p.m. and led the audience inthe Pledge ofAllegiance. ROLL CALL Felipe Ayala, Administrative Support Coordinator. called the roll of the Council. Present at the meeting wenaCuunui|mambena Kathy Hnugerdy (on -site), Oe'Seon Quinn (on -site), Kate KruUer(nn-aite), Thomas McLeod (on -site). Cynthia De|VstrinoaJohnaon (on -site), Tnsh Sharp (on -site). MOVED BYHQUGAFlDY,SECONDED BY KRULLER.TOEXCUSE THE ABS,EhJSEOF CQ0N�C|LKNE0NBERABD[MOTION CARRIED 6�-O' LAND ACKNOWLEDGEMENT CnunoHnmemberQuinn stated "The City ofTukwila iolocated onthe ancestral lands oythe Coast Sa|hsh people. VVeacknowledge their continuing connections toland, waters and culture. VVepay our respects bo their elders pamt, present and emerging." CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Marty V@ne.Dep CdyAdnlinistnabor/ Administrative Services Director; Kari Sand, City Attorney; Nora Gierloff, Community Development Director; Derek Speck, Economic Development Administrator; Vicky Carlsen, Finance Director; Tony CuUmrton, Deputy Finance Director; Peter Mayer, Parks and Recreation Director; David Rosen. Parks and Recreation Fiscal Analyst; Eric Orevmr, Police Chief; Erin Lund, Deputy Police Chief; Hari Ponnekanti, Public Works Director; Joel Bush, Chief Technology Officer; Laurel Humphrey, Legislative Analyst;�Andy Yo#n, Deputy City Clerk; Felipe Ayala, Administrative Support Coordinator. PUBLIC COMMENTS 1. Greg Sherlock indicated that the Office of Code Enforcement has not provided him with a case number for the noise complaint hafiled against the GaboyCorporation onNovember 13.He proceeded to file a new noise complaint and requested that a case number, be opened. PRESENTATION a. 2024VVashington State Legislature Preview David Cline, City Administrator, introduced David Foster, City Lobbyist. Mr. Foster gave abrief overview Tukwila City Council Committee ofthe Whole Minutes CONSENT AGENDA o. Approval ofMinutes: 11/2O/23(Regular Mt j b Approval ofVouchers #OD4O4491'OO4O4585.inthe amount of$1.728.552.78. c An ordinance granting Valley View Sewer District a non-exclusive franchise to construct, maintain, operate, replace and repair asewer system within public hghbu'of+waycf the City ofTukwila, and fixing atime when the same shall become effective. ORDINANCE NO. 2?24 [Reviewed and forwarded to Consent by the Committee of the Whole on 11127123.1 d. An ordinance amending Ordinance No. 2537 §4 and §7, as codified at Tukwila Municipal Code JMC) Chapter 2.35."Lodging Tax Advisory CommiMmn^; amending the number nfmembers for the Lodging Tax Advisory Committee and date for submission Vfthe annual report; providing for severabi|ity;and establishing aneffective date. ORDINANCE NO. 2725 [Reviewed and forwarded to Consent by the Planning and Community Development Committee on YY/20123.1 e. Authorize the Mayor to sign Amendment No. I to Contract #22-153 with Hopelink for outreach services for the Transportation Demand Management (TDM) program, in the amount of $65,00O.00. [Reviewed and forwarded to Consent bythe Transportation & Infrastructure Committee onY112&123.1 f. Authorize the Mayor to sign a contract with Fehr and Peers for planning and engineering services for the Local Road Safety Plan, in the amount of $249,705.00. [Reviewed and forwarded to Consent bvthe Transportation 8Infrastructure Committee on 11/2t123.] g. Authorize the Mayor to sign a contract with KPG-Psomas for design services for the 65th Avenue South and South,center Boulevard Intersection Improvement Project, in the amount of $199'721.00. [Reviewed and forwarded to Consent by the Transportation &Infrastructure Committee on 11120123.1 h� Authorize the Mayor to sign a grant agreement with, the Washington State Office of Public Defense (VVS0PD)for the Public Defense Program, /nthe amount of $75,000.00. [Reviewed and forwarded bnConsent bvthe Community Services and Safety Committee oo 11/ZZ/33,j i Authorize the Mayor to sign a contract with Environmental Systems Research Institute, Inc. (ESRI) for G|O.inonamount not to exceed$02.536.B0. [Reviewed and forwarded bzConsent bythe Finance & Governance Committee nn1Y/27123.1 ' Authorize the Mayor to sign a contract with Auburn Mechanical for Police Department evidence temperature control for biological evidence prauan/ation, in the amount of$40.O29.00. plus tax (to include contingency). [Reviewed and forwarded to Consent by the Community Services and Safety Committee on YY/27123] k. An ordinance establishing Tukwila Municipal Code (TMC)Section 9.28.038,"Avoiding an |mternonUnn.''ORDINANCE NO. 2726 [Reviewed and forwarded to Consent by the Community Services and Safety Committee on /1127%23'] MOVED BYH{}UGAROY'SECONDED BY KRULLER, TDAPPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIEDG-D. PUBLIC HEARING AnondlinanuetmmnlnmdngacondiboninOrdinmnoeMo.197Qthotthwvmcmtadponjonpf35th Avenue South remain open topedestrian traffic. 7:13pxn. Mayor Ekberg opened the public hearing and called for mstaff report. Hari Ponnekanti, Public Works Director, explained Sabey Data Center applied for and obtained a construction permit to physically secure the perimeter of the Intergate East Campus in an effort to curb crime. Because this fencing impedes pedestrian access, the 8abmy Corporation is requesting that the city remove the pedestrian easement from Ordinance 1978 in light of the crime concerns as well as prior vacations disconnecting the adjacent road from useable pedestrian access. 7,15pzn. Mayor Ekberg called for public comments. Tukwila City Council Committee ofthe Whole Minutes Mayor Ekberg asked if there was anyone who wished to make a public comment on this topic to speak now orpress °8onthe phone tounmu±m. 1. Greg Sherlock spoke in, support of vacating 35th Avenue S to curb crime and stated that the city should becompensated for the easement. 2. Gina Bernhardt Nielson spoke in opposition of vacating 35th, Avenue S walking trail and indicated her residence inadjacent toproperty cfthe vacated portion of35mAve 8. She requested verbiage tube modified on the proposed amendments to Ordinance No. 1978 to include clarifying language to reflect that none of the other conditions, specifically the ingress/egress and emergency access conditions, are impacted and remain in full force and effect. Any modifications to these conditions have a potentially detrimental impact to the access to, and future value, ofher property. She requested the Council to rejecttheadoptionofthopruponedamandmenttoOrdinancoNo1878aaitinpneuentod. require provision of a continued ADA-compliant pedestrian walk path access along the full length of portion of35mAve S that is currently vacated, and require a completion of the walk path in a timely manner not tnexceed 2824. 3. k8ike| Hansen, Gabey Corporation Chief Operating Officer, distributed an oversized printout ofthe streets in questions and a map showing the perimeter of the fence that was installed. He acknowledged that the 35mStreet vacation did allow for pedestrian, access, and they were forthcoming about that when they presented their plans to the city to build the fence. When 1241h St was subsequently vacated, they were concerned about erecting two fences with a pathway as this would be a dangerous path to a dead-end. The decision to erect the fence was to protect their employees and property ascrime inthe area has been acontinual problem, 4, Kristen Schwabe -Fry expressed her support for continued pedestrian access as there is very limited pedestrian infrastructure imTukwila. The Counci|mmmberaasked clarifying questions based onthe testimonies given bvresidents and Goboy Corporation pertaining to ingress and egress, the fence permit, and possible solutions. Hari Ponnekanb, Public VVorhe Din*ntor, corroborated that the amendment does not modify the |nQnaus and egress conditions, itaffects pedestrian access only. KariSend.C|b/Attorney.indivatedtheproponedondinanmysdpu|otesthattheoondiUoninOndinanoeNo. 197Brequiring the vacated portion of351hAve Sremain open topedestrian traffic beterminated without qualification. |fthe Cound|'smajority imtentieto add qualifying language, then that intent needs to be expressed through qualified language that would maintain access to nearby residents. Nora Gierloff, Community Development Director, confirmed that the fence permit did come into their office. Given the intervening years, the history around the pedestrian walkway being maintained on a vacated street had been lost, which wasn't apparent to the reviewers who had not worked in the, city until 1O+years after that happened. They heard from the resident about the issue and talked about asolution that led to the ordinance to remove that pedestrian ordinance since at this point it is a dead-end given the subsequent vacation of124�nSt. Gina Bernhard Nielson stated she is ok with the fence not being removed as long an ADA-compliant continued walkway is built for the length of the vacated 351h Ave S, as it reads in Ordinance No. 1978, to accommodate the residents inthe neighborhood. 7:54p.mn. Mayor Ekberg closed the public hearing. UNFINISHED BUSINESS a. An ordinance terminating a condition in Ordinance No. 1978 that the vacated portion of 35th avenue south remain open to pedestrian traffic; providing for mevenabi|ity| and establishing an effective date. MOVED BY KRULUER'SECONDED OYQUINN, TO REJECT THE ORDINANCE ASPRESENTED Tukwila City Council Committee of the Whole Minutes December 4, 2023 Page 4 of 6 The Councilmembers discussed the motion and expressed support for further revisions to the ordinance to address pedestrian accessibility and Sabey's security needs. *MOTION CARRIED 6-0. b. Authorize the Mayor to sign a contract with PROS Consulting Inc., for the Tukwila Community Center Business Plan & Recreation Programming Plan, in the amount of $119,405.00. MOVED BY HOUGARDY, SECONDED BY DELOSTRINOS JOHNSON, TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH PROS CONSULTING, INC., FOR THE TUKWILA COMMUNITY CENTER BUSINESS PLAN & RECREATION PROGRAMMING PLAN, IN THE AMOUNT OF $119,405.00. MOTION CARRIED 5-1, WITH SHARP VOTING NO. c. An ordinance amending Ordinance No. 2689 §11, §12, §13, §22, and §33, as codified in TMC Chapters 3.26 and 3.27; to adopt additional business and occupation tax deductions and. exemptions; to establish additional administrative provisions; and to amend administrative provisions related to tax filing requirements and appeals. MOVED BY KRULLER, SECONDED BY QUINN, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Felipe Ayala, Administrative Support Coordinator, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING ORDINANCE NO. 2689 §11, §12, §13, §22, AND §33, AS CODIFIED IN TMC CHAPTERS 3.26 AND 3.27; TO ADOPT ADDITIONAL BUSINESS AND OCCUPATION TAX DEDUCTIONS AND EXEMPTIONS; TO ESTABLISH ADDITIONAL ADMINISTRATIVE PROVISIONS; AND TO AMEND ADMINISTRATIVE PROVISIONS RELATED TO TAX FILING REQUIREMENTS AND APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Councilmember Kruller relayed that the ordinance represents an opportunity for businesses to have additional exemptions that other cities allow businesses. It also makes administrative provisions related to tax filing requirements and appeals that are important to have in place. MOVED BY KRULLER, SECONDED BY MCLEOD, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 5-1, WITH SHARP VOTING NO, TO ADOPT ORDINANCE NO. 2727. d. Authorize the Mayor to sign a grant agreement with King County for the Best Starts for Kids Capital grant, in the amount of $500,000.00. 8:10 p.m. Councilmember Quinn recused himself from this item and exited the Council Chambers. MOVED BY MCLEOD, SECONDED BY DELOSTRINOS JOHNSON, TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT WITH KING COUNTY FOR THE BEST STARTS FOR KIDS CAPITAL GRANT, IN THE AMOUNT OF $500,000.00. MOTION CARRIED 5-1, WITH QUINN RECUSED. 8:11 p.rn. Councilmember Quinn returned to the Council Chambers. Tukwila City Council Committee of the Whole Minutes December 4.2O23 Page 5o/0 NEW BUSINESS A resolution adopting a Legislative Agenda for use during the 2024 Washington State Legislative MOVED BYHOUGARDY, SECONDED BY KRULLER~THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Felipe Ayala, Administrative, Support Coordinator, read the proposed ordinance by thle only. ARESOLUTION OFTHE CITY COUNCIL OFTHE CITY OFTUKW|LA, VVASH|NGTON.ADOPTING ALEGISLATIVE AGENDA FOR USE DURING THE 2O24VVA8H|NGTONSTATE LEGISLATIVE SESSION. MOVED BYKRULLER,SECONDED BYHOUGARDY,THAT THE, PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6-0, TO ADOPT RESOLUTION NO. 2084. REPORTS a. Mayor Mayor Ekberg gave shoutout of appreciation for Coumd|memberHougardlyand her retirement party last week. b. City Council Cuund|memberKruUerreported onthe Public Issues Committee (P|C)for Sound Cities Association's (SCA)Nominating Committee. They filled every position except for position 11;one member from the Council' applied for a single position. She encouraged Councilmembers in the new year to look at the open vacancies eothat ishow the city presents itself regionally. She gave anupdate onthe Intergovernmental Task Force for Asylee Seekers and the All -Boards meeting for the Puget Sound Partners where they put together the 2024 legislative priorities for the organization. She attended the Regional Office of Gun Violence Prevention meeting with the City of Tukwila and was on the Federal Legislative Priorities Committee for Association of Washington Cities (AWC). She expressed her gratitude for the privilege of being able to represent the City of Tukwila on all these committees. Councilmember McLeod will be attending the last Puget Sound Regional Fire Authority Board of Governance meeting of 2021 He indicated three councilmembers will need to represent the city in 2024 now that the city isannexed into PSRFA. Councilmember Sharp reported on the items discussed at the Transportation and Infrastructure Services (TIO)Committee meeting including the Homeland Security Grant for enhanced internal security, Washington State Department of Ecology grant for the Ramp Litter Cleanup Program, award of the Green River Trail Connector contract to finish the connection between Green River trail, discussion on the West Valley Highway (1-405 Strander Boulevard) supplemental agreement, and the Neighborhood Traffic Calming Program Year -End Report. He encouraged the public to go on the city's website to see all the locations Tukwila has worked onboenhance pedestrian safety. David C|ine, City Administrator, referenced the CA(City Administrator) report and offered to answer any questions. He introduced Marty Wine as the new Deputy City Ad min istrator/Adm in!istrative Services Director. Ms. Wine has over 25 years of experience in local government and is a northwest native. Marty Wine expressed her enthusiasm to join the City of Tukwila. Tukwila City Council Committee of the Whole Minute Laurel Humphrey, Legislative Analyst, announced that the city is currently accepting applications for a council position that will be vacant on January 1, 2024. Applications will be accepted through December 22, 2023. Information about the position and the application is available on the City's website. EXECUTIVE SESSION' — Property Sale orLease — Pursuant toRCW42.30.11B1(l)(c)|and Potential Property Acquisition — Pursuant bmRCW42.3O.11C(i)(b)'(6Ominutes) Mayor Ekberg announced the Council' will now go into an Executive Session to discuss: Property Sale orLease — Pursuant to, RCVV42.30.11O1(1)(c)|and Potential Property Acquisitkon— ThekotalamountofdmevviUbenoonore than 8Ominutes, and nodecisions will bemade during the Executive Session, No action will be required in the Open Meeting after the Executive Session has concluded. He declared the meeting adjourned as of the conclusion of the Executive Session. The Executive Session will not be extended beyond the announced time, and they will not be returning to the open session to adjourn or for any other reason. 8:22pm. Mayor Ekberg called for abrief recess to allow the Counci|nemLers to convene a separate remote meeting. Executive Session Start: 8::28 p.m. Attendees: Mayor Ekberg�David Cline, City Administrator; Kari Sand, City Nick Johnson, Attorney; Laurel Humphrey, Legislative Analyst; Derek 8peck, Economic Development Administrator; Vicky Carlsen, Finance Director; Mike Perfetti, Public Works Sen,ior Program Manager; Councilmembers HnuQmrdy. KruUor. McLeod, De|ostrinonJohnson. and Sharp. Executive Session End: 9:22p.m. ADJOURNMENT 8:28 p.m. ADJOURNMENTOCCURRED AT THE CONCLUSION OF THE EXECUTIVE SESSION. Thorfias'McLeod, May Felipe Ayala, Administrative Support Coordinator APPROVED BYTHE CITY COUNCIL: 12/4/23 AVAILABLE ONTHE CITY VVEBG|TE: 1/16/24 *Former Mayor Allan Ekberg: retired oo12/21/2O23.