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HomeMy WebLinkAbout2012-11-05 Regular MinutesTukwila City Council Regular Meeting City Hall Council Chambers November 5, 2012- 7:00 P.M. MINUTES REGULAR MEETING EXECUTIVE SESSION Start: 6:28 p.m. Mayor Haggerton announced the purpose of the Executive Session is to discuss Potential Land Acquisition — Pursuant to RCW 42.30.110(1)(b). It will last no more than 30 minutes, and no decisions will be made during the Executive Session. Attendees: Jim Haggerton, Mayor; David Cline, City Administrator; Shelley Kerslake, City Attorney; Mike Villa, Police Chief; Derek Speck, Economic Development Administrator; Peggy McCarthy, Finance Director; Kimberly Matej, Council Analyst; Tukwila City Councilmembers Joe Duffie, Dennis Robertson, Verna Seal, Allan Ekberg, Kathy Hougardy, De'Sean Quinn, Kate Kruller. 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 7:04 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Dennis Robertson, Verna Seal, Allan Ekberg, Kathy Hougardy, De'Sean Quinn and Kate Kruller. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Shelley Kerslake, City Attorney; Rachel Turpin, Assistant City Attorney; Bob Giberson, Public Works Director; Robin Tischmak, City Engineer; Jack Pace, Community Development Director; Peggy McCarthy, Finance Director; Mike Villa, Police Chief; Nick Olivas, Fire Chief; Derek Speck, Economic Development Administrator; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. SPECIAL PRESENTATIONS a. Swearing in of Commander Jon Harrison. Mike Villa, Police Chief. Mike Villa, Police Chief, introduced Commander Jon Harrison to the City Council. Commander Harrison has been promoted after 20 years of service to the Tukwila Police Department. He has a Bachelor's Degree in Criminal Justice and Mid - Management Certification from the Washington State Criminal Justice Training Center. He brings a great deal of technical and organizational expertise to the job and embodies the exemplary work ethic and values of the Tukwila Police Department. Mayor Haggerton administered the Oath of Office to Commander Harrison. Commander Harrison thanked his family for their support of his career and thanked Chief Villa for this advancement opportunity. The Mayor, Councilmembers and audience congratulated Commander Harrison with a standing ovation Tukwila City Council Regular Meeting Minutes November 5, 2012 Page 2 of 11 b. Special Olympics "Circle of Honor" Gold Award to Officer Ted Rutt. Mike Villa, Police Chief This item is being removed from the agenda, to be presented at a future meeting. CITIZEN COMMENTS There were no citizen comments. CONSENT AGENDA a. Approval of Minutes: 10/15/12 (Regular Mtg.); 10/22/12 (Special Mtg.) b. Approval of Vouchers: #361805, #361812- 361916 and #120904, #121003- 121007 in the amount of $1,514,449.44 c. Authorize the Mayor to sign an agreement with KPG, Inc. for the 2013 Overlay and Repair Program in the amount of $148,959.24. [Reviewed and forwarded to Consent by Transportation Committee on 10/15/12.] d. Authorize the Mayor to sign a grant agreement with the King County Flood District for the Duwamish Gardens Project in the amount of $500,000.00. (The grant requires no matching funds.) [Reviewed and forwarded to Consent by Community Affairs & Parks Committee on 10122112.] e. Acknowledge receipt of Councilmember Kruller ethics investigative findings and disposition. For information only, pursuant to Tukwila Municipal Code Section 2.95.040. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Councilmember Robertson removed Item 4e from the Consent Agenda to be discussed under New Business later in the meeting. *MOTION CARRIED 7 -0 TO APPROVE THE CONSENT AGENDA, WITH THE EXCEPTION OF ITEM 4E. PUBLIC HEARINGS Mayor Haggerton announced that each person will be allowed 10 minutes to testify, as well as 10 minutes for a rebuttal. He requested that all speakers address the Council in a courteous manner and not engage in interaction with the audience. a. An ordinance vacating right -of -way within the City of Tukwila dedicated for street purposes, generally described as portions of Southcenter Parkway between approximately South 180th Street and existing City limits. (Reference Ordinance No. 2240.) 7:15 p.m. Mayor Haggerton opened the public hearing and asked the City Clerk to reference any written testimony. Christy O'Flaherty, City Clerk, acknowledged receipt of 1 written comment received in the City Clerk's Office on November 5, 2012. The following written comment was distributed to the City Council via email and in paper form and referenced into the record: 1. A 6 -page letter from Davis Wright Tremaine LLP dated November 5, 2012, relating to "Comments on Proposed Amendment to Southcenter Parkway Vacation Ordinance —M &P Access Issues." Mayor Haggerton asked for a staff report. Bob Giberson, Public Works Director, utilized a Powerpoint presentation to provide a summary of this issue. The Tukwila South Development Agreement set the stage for the vacation of the old Southcenter Parkway and Frager Road right -of -way. Ordinance #2239 ( Frager Road) and #2240 ( Southcenter Parkway) provided authority and details for these 2 street vacations. Resolution #1175 was approved on Tukwila City Council Regular Meeting Minutes November 5, 2012 Page 3 of 11 October 1, 2012 setting a public hearing date of November 5, 2012 for this proposed street vacation amendment. Ordinance #2240 inadvertently failed to address replacement access for 2 parcels located along Southcenter Parkway right -of -way. In order to address those access needs, the City desires to amend Ordinance #2240 to provide replacement access to these 2 parcels. The amending ordinance contains language that LaPianta, LLC shall grant a perpetual easement to the M &P Company and GWI, Inc. for access to and from King County tax ID parcel numbers 3523049082, 3523049081, and 353049014 over and across the "B- Line," as described on Exhibit C of the ordinance (Southcenter Parkway Extension project number HZ01). Mr. Giberson explained this area has been designed to act as right -of -way for safe truck access and passenger vehicles. Staff is recommending approval of the street vacation and that other issues associated with this project, such as the fire station deed, right -of -way dedication, etc. be handled separately, so the road can be opened as soon as possible. Councilmember Duffie asked if the road will be efficient for both in and out traffic from the surrounding properties, and Mr. Giberson responded in the affirmative. Rachel Turpin, Assistant City Attorney, said the street vacation itself is conditioned on the granting of the easement referenced in the proposed ordinance. Councilmember Robertson stated there are 3 conditions that need to be met to open the road: 1. The dedication of right -of -way or public easement for the C -line access; 2. The dedication of property for the B -line access; 3. The fire station land dedication. He relayed that the action taken tonight will provide fulfillment of the first condition regarding the C -line access. He inquired if the B -line access and fire station issues need to be resolved before Southcenter Parkway could be opened. Ms. Turpin responded in the affirmative, stating that the ordinance before the Council this evening would take care of both the C -Line and B -Line access as an easement is required in the ordinance. Mr. Robertson reiterated that if the ordinance is adopted tonight, the C -line access will be accomplished and negotiation will have to occur regarding an easement for the B -line access, which comes with uncertainties. Ms. Turpin said an option would be for the proposed ordinance to be amended, so the easement would not be granted to M &P and GWI, but to the City for purposes of public access. The City would then be in the negotiating role, removing that burden from the property owners. Mayor Haggerton called for public comments. Clayton Graham, attorney from Davis Wright Tremaine LLP, is representing M &P Company, which is one of the two private landowners most affected by the proposed ordinance. Mr. Graham displayed a map showing the road and access points associated with the street vacation. Mr. Graham stated that this action is to fix a mistake that was embedded in the 2009 Development Agreement with LaPianta. It provided for a dedication and vacation to relocate Southcenter Parkway, and it landlocked the M &P property. The fact that M &P and its neighbor, GWI, were omitted from the Agreement's access plans was apparently an oversight. This proposed ordinance is intended to remedy M &P's loss of access, but the ordinance will not solve the problems created by the 2009 ordinance. The public right -of -way that would be left in place over the C -line is a dead -end access that will make truck traffic impossible and would be devastating to the existing moving and storage business on the property. The ordinance will also require M &P to negotiate its own private access easement over the B -line with a third party, but this does not satisfy the City's constitutional obligation to provide replacement access to M &P. Tukwila City Council Regular Meeting Minutes November 5, 2012 Page 4 of 11 The solution to this access problem is simple and involves no change to road improvements that have already been constructed on the ground. M &P is asking that the City and LaPianta fix the initial mistake by providing a replacement access over a public right -of -way. While other access routes would be preferable to M &P, dedication of right -of -way over the B -line would be an easy solution because the City has already constructed a road there, and it is the closest road connection to the M &P property. In their view, adoption of this ordinance in its current form is a mistake, and they urge the Council to reject the ordinance until City staff can arrange for a reasonable plan for preserving M &P's access to the relocated Southcenter Parkway. Elizabeth Mitchell, a partner in M &P, stated that the proposed ordinance leaves them with a dead -end road. This represents a devastating and unfair blow to the current and future use of their trucking company. It would also be devastating to their tenant of 30 years, Mitchell Moving and Storage. The proposed ordinance assumes an easement that does not currently exist, and leaves it to them to negotiate access to the new road with a third party. In their view, this is the same as leaving them landlocked and giving them nothing. They would be left to bear the cost of the City's mistake. They had not seen the drawings that were presented by the City this evening, and would have liked to be included in the process. They are proposing a solution for public access over the B -Line or someplace else such as Segale Drive C. They can live with the B -Line access if it is public right -of -way to the City and not an easement to be negotiated with a third party. They do not feel the proposed ordinance represents a good solution. Ken Behrens, 18800 Southcenter Parkway, has been the President of Mitchell Moving and Storage for 31 years. The construction that has taken place in the area has cost them significant business. They are an agent for Atlas Van Lines and live on revenues based on that relationship. When people do not know how to get to them, the business goes away, and it has cost them $130,000 through October 2012. They have a public scale, and due to this project, those customers went away, equating to a $37,000 loss through October 2012. They pay drivers by the hour, and the additional time getting to and from their location has increased their costs. They need safe access to the new road for their equipment, which can be up to 75 feet long and weigh up to 70,000 pounds. The C -line access route is not safe and out of the question. If they are forced to use the B -line route with no light and starting from a dead stop, the results will be scary and someone will get hurt. If the decision is to use the B -line route, then a light needs to be installed. They could use that new light or be allowed to use the existing light that is already in place at the north end of the old road. This decision is critical to the future of their business. Joan Hernandez, 15224 Sunwood Boulevard, relayed that she would like to see the Southcenter Parkway Extension open as soon as possible and prior to the holidays. She supports this project and hopes an equitable solution can be achieved that benefits all parties. Jami Balint, Segale Properties LLC, indicated that Segale is supportive of the proposed ordinance. She would like to address the idea of requiring Segale (LaPianta) to dedicate right -of -way and /or an easement. They have offered to grant a limited easement to Mitchell, M &P, and Gaco (GWI) that is still being negotiated and has not been finalized. Segale does not believe that it can be required to dedicate an easement or right -of -way. The Development Agreement (DA) does not have this requirement, and an amendment to the DA would be necessary to facilitate this change. If Segale were to dedicate additional right -of -way across the B -line, approximately'/ of an acre would be required and would be costly due to high land values. They are supportive of the amendment to the original ordinance and want to ensure their neighbors have access. They would like Southcenter Parkway to be open for the holidays. Segale has developed a proposal with 3 issues that have been discussed with City staff and the Mayor. They would like the proposed ordinance tabled for tonight to give Segale time to work out the details with staff. The elements of the conceptual idea are: (1) Segale is required to dedicate up to 3 acres of land for a fire station. This has to be completed or a deed must be put into escrow before Southcenter Parkway can be opened. It would be located northwest of South 178th Street and Southcenter Parkway. Segale would give the City 3 acres of flat, dry land above the flood plain elevation. (2) This location would be where the current 178th Street goes up the hill, and the City would have to vacate South 178th Street. (3) Segale would construct the newly relocated 178th Street in the location shown on the City's Capital Improvement Program (CIP) at no cost to the City. Tukwila City Council Regular Meeting Minutes November 5, 2012 Page 5 of 11 If the City is willing to agree with Segale on the location of the fire station land, Segale would also dedicate, at no cost to the City or M &P, additional right -of -way across the B -line. This is conceptual and details have to be worked out with City staff. Mayor Haggerton clarified that a conceptual drawing was presented to the City administration just this last week, and no comments were provided regarding the presentation. Councilmember Duffie inquired about the timing for the Segale proposal. Ms. Balint said their goal would be to have a deed into escrow, so the road could be opened the day after Thanksgiving. Councilmember Hougardy asked about the construction of the road being tied to the Operations and Maintenance (O &M) agreement. Ms. Balint said that is not a part of this proposal, and Segale is not suggesting any amendments to the current Development Agreement to carry out this proposal. Councilmember Robertson asked if the no- cost -to- the -City proposal to relocate South 178th Street includes the gas line. Ms. Balint indicated that in their view, the movement of the gas line is the obligation of Puget Sound Energy (PSE). Based on case law, if there is not a franchise agreement providing otherwise, the City, for necessity or convenience, can require the relocation of facilities. If their viewpoint is incorrect, that would be considered a fatal flaw to the agreement, and they would propose an alternate location for the fire station so neither the City nor Segale would have to incur those costs. Councilmember Robertson said that location was considered in a study 3 years ago, and of the 5 locations considered, it was the single one rejected for several reasons. He asked whether Segale was prepared to mitigate all of those reasons. Ms. Balint said those concerns were taken into consideration. The current iteration of the fire station location is larger and access issues were addressed. Councilmember Robertson asked if the station would be built high enough for any flood plain issues to be mitigated, and Ms. Balint responded in the affirmative. Councilmember Robertson said there are significant engineering questions regarding the proposal. Ms. Balint said they are prepared to enter into an arrangement that allows the road to be opened, and details can be addressed after the fact. The requirement is to put a deed into escrow, and Segale will take on the risk if the City is willing to accept the conceptual plan. Councilmember Robertson said if PSE will not relocate the gas line at their cost, then the relocation of South 178th Street and the fire station location come off the table. Will the C -Line and B -Line issues still be resolved? Mark Segale, Segale Properties, stated that should the gas line issue not work out successfully for Segale and the City, an alternate location would be found for the fire station, and the B -Line area would be dedicated. Councilmember Hougardy asked if the fatal flaws, such as the gas line, could be addressed ahead of time. Ms. Balint said the gas line issues with PSE would need to be worked out between the City and PSE. Additionally, there is the timing issue of getting the road open prior to the holiday season. Councilmember Ekberg referenced the 3 concepts of a permanent easement, public right -of -way, and dedicated right -of way and asked the Public Works Director to provide an explanation of each. Tukwila City Council Regular Meeting Minutes November 5, 2012 Page 6 of 11 Bob Giberson, Public Works Director, said a public right -of -way is owned by a City (or other public agency). With an easement, the City or someone else might be responsible for maintenance. There are 2 possibilities for the B -line route, which are a public easement or public right -of -way. Councilmember Quinn asked if Segale is comfortable with the differences of opinion based on the slope of the proposed site and if that would be considered a fatal flaw. Mr. Segale said they have had geotechnical engineers look at the proposed fire station site, and he does not consider it to be a potentially fatal flaw. Ms. Balint emphasized that they do not believe the City can unilaterally require an easement in the vacation ordinance without re- opening the Development Agreement and negotiating that issue. Councilmember Kruller relayed that when the site being discussed for the fire station was eliminated in the original plan, one of the reasons is that it was not in the City's CIP. It also involved extensive earthwork, and it is her understanding that Segale would like to use the dirt taken from the site, so it would be a win -win situation. Ms. Kruller asked why South 178th Street could not remain in place. Ms. Balint explained that South 178th Street is now a part of the City's CIP. Relocation of the street is required to accommodate the 3 acre site for the fire station, and it is part of the benefit of the bargain. Mr. Segale stated that it also gives the fire station site unfettered access to the traffic signal. Clayton Graham, representing M &P, emphasized that M &P does not care about the fire station location or about the South 178th Street realignment. M &P is in limbo and wants its access, and he sees M &P becoming part of a horse trade. He urged the Council to consider that his client is losing money due to access problems, and it will continue the longer this drags on. Bruce Mitchell, M &P Company, indicated he had not seen the drawings presented by Mr. Giberson before this evening. He requested copies of these relevant drawings for the B -Line and C -Line routes, and Mayor Haggerton responded in the affirmative. 8:20 p.m. Mayor Haggerton closed the public hearing. b. An ordinance vacating right -of -way within the City of Tukwila dedicated for street purposes, generally described as portions of South 200th Street and Frager Road. (Reference Ordinance No. 2239.) 8:21 p.m. Mayor Haggerton opened the public hearing and asked for a staff report. Bob Giberson, Public Works Director, provided an overview of this issue. The Tukwila South Development Agreement set the stage for the vacation of the old Southcenter Parkway and Frager Road right -of -way. Ordinance #2239 ( Frager Road) and #2240 ( Southcenter Parkway) provided authority and details for these two street vacations. Resolution #1776 was approved on October 8, 2012 setting a public hearing date of November 5, 2012 for this proposed street vacation amendment. Ordinance #2239 inadvertently failed to address that the north line of the South 200th Street right -of -way was never officially established. The City desires to amend Ordinance 2239 to provide an official legal description of the north line of South 200 h Street. Mayor Haggerton called for public comments. Jami Balint, Segale Properties, spoke in favor of this amendment, which is unrelated to the previous ordinance. 8:23 p.m. Mayor Haggerton closed the public hearing. Tukwila City Council Regular Meeting Minutes November 5, 2012 Page 7 of 11 UNFINISHED BUSINESS a. An ordinance amending Ordinance No. 2240 relating to vacating portions of the existing Southcenter Parkway right -of -way from approximately South 180th Street to existing City limits (at the time of original street vacation Ordinance No. 2240) by replacing Exhibits A and B and amending Section 4 to provide for replacement access to two parcels. MOVED BY KRULLER, SECONDED BY DUFFIE 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, AMENDING ORDINANCE NO. 2240 RELATING TO VACATING PORTIONS OF THE EXISTING SOUTHCENTER PARKWAY RIGHT -OF -WAY FROM APPROXIMATELY SOUTH 180th STREET TO EXISTING CITY LIMITS (AT THE TIME OF ORIGINAL STREET VACATION ORDINANCE NO. 2240) BY REPLACING EXHIBITS A AND B AND AMENDING SECTION 4 TO PROVIDE FOR REPLACEMENT ACCESS TO TWO PARCELS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* The Councilmembers discussed the information provided during the public hearing and offered the following comments: concern regarding amending the proposed ordinance at this meeting due to the complexity of the issues; the importance of fairness being afforded to M &P and associated properties and Segale Properties; urgency regarding opening the road as soon as possible; interest in pursuing the Segale proposal presented this evening; acknowledgement that there are evolving issues associated with this project that need to be well vetted; recognition that the expectation for negotiation of an easement between the 2 private parties is unlikely based on past history; and assurance that, as solutions are pursued, any potential "fatal flaws" are taken into consideration. Councilmember Hougardy asked the Fire Chief to speak to the possible relocation of the fire station. Nick Olivas, Fire Chief, stated that he would prefer to comment after the issues associated with the re- location of the fire station have been fully investigated. *MOTION TO APPROVE THE ORDINANCE WAS WITHDRAWN BY COUNCILMEMBERS DUFFIE AND HOUGARDY. NO VOTE TAKEN. MOVED BY ROBERTSON, SECONDED BY HOUGARDY TO FORWARD THIS ITEM TO A FUTURE COUNCIL MEETING. ** The Councilmembers discussed the need to set a specific date for this item to come back to the Council due to the urgency of the road being opened for this holiday season and the issues of concern to the related property owners and tenants. * *MOVED BY HOUGARDY, SECONDED BY SEAL TO AMEND THE MOTION TO FORWARD THIS ITEM TO THE NOVEMBER 19, 2012 MEETING FOR A STATUS REPORT FROM STAFF. * ** Rachel Turpin, Assistant City Attorney, requested direction on what the Council would like provided at the November 19 meeting. She asked whether staff should provide a potential agreement regarding the South 178th Street proposal or evaluate that proposal and the associated options. Councilmember Robertson relayed that there are multiple alternatives. One is the proposed ordinance that was on the table this evening that involved options for an easement to be negotiated between the 2 private parties, or between the City and 1 of the parties. Another option is the Segale proposal that was presented this evening. He would expect to see a legal opinion regarding the legal issues and risks associated with the options. Additionally, there would need to be information regarding the technical Tukwila City Council Regular Meeting Minutes November 5, 2012 Page 8 of 11 aspects of the Segale proposal, as they relate to the relocation of the fire station and the workability for the Fire Department. If the administration recommendation is the Segale proposal, a draft contract or term sheet should be brought forward. Councilmember Kruller also referenced the need to investigate the issues associated with PSE. Mayor Haggerton explained it is not attainable for the staff to bring back the details regarding the Segale proposal before the end of the year. This is a brand new concept, and no studies have been done up to this point. It is a major undertaking involving more than the City and the developer, to include PSE and state agencies. Councilmember Robertson suggested that staff come back with a status report and a plan for achieving what has been requested. He asked if it would be possible for the discussion to occur in an Executive Session due to the possibility of lawsuits. Councilmember Quinn indicated there are significant legal issues to be considered, and he will forward his questions to staff this week. The legal questions need to be answered prior to the Council taking action. Councilmember Kruller reiterated that what will come back from staff is a status report and a plan for addressing the issues and opportunities brought forward this evening. Councilmember Ekberg expressed that the staff focus should be on what is needed to open the road: (1) The vacation of the right -of -way; (2) Accept the C -line in front of M &P and the B -line dedication as right -of -way; and (3) Secure a deed into escrow for the new fire station. ** *MOTION CARRIED 7 -0, TO HAVE A STATUS REPORT ON THIS ISSUE FROM STAFF AT THE NOVEMBER 19, 2012 COUNCIL MEETING. b. An ordinance amending Ordinance No. 2239 relating to vacating portions of the existing Frager Road right -of -way from approximately existing City limits (at the time of original street vacation Ordinance No. 2239) to South 200th Street by replacing Exhibits A and B to more clearly specify the area that is subject to vacation. MOVED BY ROBERTSON, SECONDED BY DUFFIE 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, AMENDING ORDINANCE NO. 2239 RELATING TO VACATING PORTIONS OF THE EXISTING FRAGER ROAD RIGHT -OF -WAY FROM APPROXIMATELY EXISTING CITY LIMITS (AT THE TIME OF ORIGINAL STREET VACATION ORDINANCE NO. 2239) TO SOUTH 200TH STREET BY REPLACING EXHIBITS A AND B TO MORE CLEARLY SPECIFY THE AREA THAT IS SUBJECT TO VACATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2383. Tukwila City Council Regular Meeting Minutes November 5, 2012 Page 9 of 11 c. Historic Preservation: 1. An ordinance establishing new regulations to be codified in Tukwila Municipal Code Chapter 16.60 relating to the protection and preservation of landmarks, establishing procedures for designation and protection of landmarks, and providing for appeals of the Landmark Commission. MOVED BY DUFFIE, 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, ESTABLISHING NEW REGULATIONS TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.60 RELATING TO THE PROTECTION AND PRESERVATION OF LANDMARKS; ESTABLISHING PROCEDURES FOR DESIGNATION AND PROTECTION OF LANDMARKS; PROVIDING FOR APPEALS OF THE LANDMARKS COMMISSION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Joan Hernandez, 15224 Sunwood Boulevard, thanked the Council for their support of this ordinance. She indicated that some of the language in the ordinance has not been included by other cities that have adopted similar legislation and is not applicable or redundant. It was determined after Council discussion that the language differences do not negatively impact the affected agencies. *MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2384. 2. Authorize the Mayor to sign an Interlocal Agreement with King County relating to landmark designation and protection services. MOVED BY EKBERG, SECONDED BY SEAL TO AUTHORIZE THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH KING COUNTY RELATING TO LANDMARK DESIGNATION AND PROTECTION SERVICES. MOTION CARRIED 7 -0. 9:08 p.m. Mayor Haggerton called for a short recess. 9:17 p.m. Mayor Haggerton reconvened the Regular Meeting. NEW BUSINESS Acknowledge receipt of Councilmember Kruller ethics investigative findings and disposition. For information only, pursuant to Tukwila Municipal Code Section 2.95.040. -- Removed from the Consent Agenda by Councilmember Robertson for discussion under New Business. Councilmember Robertson inquired if this matter was currently under appeal. Shelley Kerslake, City Attorney, responded that an appeal was filed with the Tukwila Municipal Court on October 31, 2012. Councilmember Robertson commented that it would be inappropriate to acknowledge this item until after the appeal process has run its course. MOVED BY ROBERTSON, SECONDED BY DUFFIE TO REMOVE THIS ITEM FROM THE AGENDA AND FORWARD IT TO A FUTURE COUNCIL MEETING AFTER THE APPEAL PROCESS HAS BEEN COMPLETED. MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes November 5, 2012 Page 10 of 11 REPORTS a. Mayor Mayor Haggerton attended the King County Flood Control meeting on October 29, 2012, where a change to the allotment of funding for Water Resource Inventory Areas (WRIAs) was considered. Tukwila's funding allotment for WRIA9 was not changed. On October 30, 2012, the Disposition and Development Agreement was signed for Tukwila Village. The Mayor participated in an AWC webinar on October 31, 2012 regarding coal train transportation. There were various experts and representatives from Burlington Northern Santa Fe (BNSF) on hand to provide information and answer questions. Mayor Haggerton reported that 2 Tukwila firefighters went to the east coast to assist with issues associated with Hurricane Sandy. Additionally, Marty Grisham, Battalion Chief in the Fire Department, has returned to work. b. City Council Councilmember Duffie said there will be a Veterans Day event at Tukwila Elementary School on November 9, 2012. Additionally, the Veterans Day event at the Museum of Flight will be on November 11, 2012. Councilmember Duffie reported there are problematic issues associated with the homeless camp in the area of Tukwila International Boulevard, as they relate to drinking and inappropriate conduct. Additionally, it has been brought to his attention there is excessive and aggressive panhandling in the area of Bartells. He also reported that the 76 gas station on Interurban Avenue has had instances where individuals pull out of the station with the gas hose still connected to the vehicle. Councilmember Seal attended the Strategic Planning meeting on November 1, 2012. Councilmember Ekberg also attended the Strategic Planning meeting on November 1, 2012 and the Sustain Tukwila Pool (STP) meeting on November 3, 2012. He and his dog also attended the Pooch Plunge at the Tukwila Pool on November 4, 2012. Councilmember Hougardy reported that she has had contact with the route manager from Waste Management, and she sees some beneficial changes occurring with the new contract. Councilmember Quinn reported that the Tree Committee met on November 1, 2012, and the canopy assessment has been put in the Council boxes. Councilmember Kruller recently attended a Foster High School football game and stopped at the Chevron station in that area, and a person was wandering on the site muttering profanities. The employee in the Chevron station did not seem to realize that a 911 call was in order. Ms. Kruller provided guidance on making the call, and the Police arrived quickly and handled the situation. There may need to be some outreach provided to businesses to ensure they know how to proceed in similar situations. Councilmember Kruller was invited to the Governor's Mansion for Washington State's Olympic celebration of athletes to include Special Olympics and Para - Olympics athletes. She reported that things are going well with Waste Management, with the exception that she has heard from citizens that the charges for cans or extra cans may have changed. She attended the November 1, 2012 STP meeting, and it would be beneficial if MPD Board Members could attend those meetings when possible. She and her dog also attended the Pooch Plunge on November 4, 2012. Additionally, she referenced an organization called "Good Wishes," founded by a company that makes jewelry. They have a mission to provide head scarves for those cancer patients who are in treatment. c. Staff David Cline, City Administrator, referenced the City Administrator Report in the Council packet and offered to answer any questions. He also referenced a note from Verizon Wireless to the Department of Community Development regarding excellent customer service. Tukwila City Council Regular Meeting Minutes November 5, 2012 Page 11 of 11 Additionally, Mr. Cline reported that the Boundary Review Board held a public hearing on October 22 -23 regarding Tukwila's notice of intent to annex Area Q of the North Highline Annexation area. The Board will deliberate again on November 8, 2012, with a determination expected in late November. d. City Attorney There was no report. e. Intergovernmental The Council Analyst is not required to attend Regular Meetings. MISCELLANEOUS Councilmember Robertson distributed a Capital Improvement Project (CIP) summary sheet from the budget with his proposed revisions. He would like to discuss it at the next Committee of the Whole meeting and wanted to give City administration and the Council time to review the proposed changes. There may have been a misunderstanding regarding the informal direction by the Council on the facilities plan. When the facilities plan was addressed in the budget, it came forward with $1.5 million in the first year with a focus on City Hall and the 6300 Building. In his view, the priority was to take a look at tying this to the strategic planning effort with public safety facilities as a priority. The revised CIP sheet differs from the information in the current preliminary budget and will be discussed at the next Council meeting. Councilmember Quinn participated in the Farm City Roundtable on November 1, 2012. He was listed as a speaker and was on the original Food Policy Committee for the Puget Sound Regional Council (PSRC). There were local farmers in attendance who want to partner with local jurisdictions for opportunities to provide fresh produce to citizens. There was also discussion regarding a Community Support Agriculture (CSA) box, and it was felt that Tukwila would be a great place to have a CSA box. Whistle Stop Farms would like to work with the City to begin moving in this direction. Parks and Recreation and Human Services staff would be instrumental in this effort. Council consensus existed to have City administration look into this issue. Mayor Haggerton attended the October 26, 2012 event at Total Wine where Dan Aykroyd was autographing bottles. It was extremely well attended, and the Mayor had an opportunity to speak with Mr. Aykroyd, who complimented the City of Tukwila. ADJOURNMENT 9:52 p.m. MOVED BY QUINN, SECONDED BY KRULLER THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. J7 Haggerton, r 3 Christy O'Fla y, City Clerk APPROVED BY THE CITY COUNCIL: 11/19/12 AVAILABLE ON CITY WEBSITE: 11120/12