HomeMy WebLinkAbout2003-09-15 Regular MinutesMINUTES
EXECUTIVE SESSION 6:30 P.M.
1. National Security/Emergency Management Pursuant to RCW 42.30.110(1)(a) 20 mins.
2. Potential Litigation Pursuant to RCW 42.30.110(1)(i) 10 mins.
6:30 p.m.
6:55 p.m.
REGULAR MEETING MINUTES
7:00 P.M.
CALL TO ORDER /PLEDGE OF ALLEGIANCE:
Mayor Steve Mullet called the Regular Meeting to order at 7:01 p.m. and led the audience in the Pledge
of Allegiance.
ROLL CALL:
Jane Cantu, City Clerk, called the roll of Council. Present were Councilmembers Joe Duffle, Joan
Hernandez, Jim Haggerton, Pamela Linder, Dave Fenton and Richard Simpson.
HERNANDEZ MOVED; DUFFIE SECONDED; TO EXCUSE THE ABSENCE OF COUNCIL
PRESIDENT CARTER. The motion carried 6 -0.
OFFICIALS:
Executive session began.
Executive session ended.
TUKWILA CITY COUNCIL
Council Chambers City Hall
September 15, 2003
Rhonda Berry, Acting City Administrator; Bruce Disend and Shelley Kerslake, City Attorneys; Lucy
Lauterbach, Council Analyst; Jane Cantu, City Clerk; Jim Morrow, Public Works Director; Steve Lancaster,
Community Development Director; Bruce Fletcher, Director of Parks and Recreation; Evelyn Boykan,
Human Services Manager; Stacy Hansen, Human Services Specialist; and Minnie Dhaliwal, Senior Planner.
SPECIAL PRESENTATION:
a. Tourism Marketing Update Katherine Kertzman, Program Director
Katherine Kertzman, Seattle Southside Visitor Services, noted national recognition last week, via receipt
of the Savvy Award for their vacation planner and newly designed website. Presented each year by the
City- County, Communications and Marketing Association (3CMA), the Savvy Award recognizes
outstanding local government achievements in communications, public sector marketing and citizen
government relationships. Further, it salutes skilled, effective cities and counties who create, plan and
effectively carry out successful marketing and communication innovations.
Judges noted the vacation planner contained outstanding photography, compelling copy and was highly
informative. The website's functionality, searchability and eye appeal provided an excellent tool to
visitors and residents.
On behalf of the Lodging Tax Advisory Board members, Ms. Kertzman thanked the Council and
Administration for their leadership and vision, and for empowering the Board to continue promoting
tourism and marketing to the Tukwila and SeaTac areas.
Ms. Kertzman provided an overview on information relative to the newly updated website including
activity, reservations, average lengths of stay and coming attractions /events. And, finally, Ms. Kertzman
informed Council of coming meetings relative to the Lodging Tax Advisory Board and Tourism.
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City Council Regular Meeting Minutes September 15, 2003
PROCLAMATIONS /APPOINTMENTS
Proclamation Mayor's Day of Concern for the Hunan/
Stacy Hansen, Human Services Specialist, reported Saturday, September 27, 2003, as the 13 Annual
Mayor's Day of Concern for the Hungry. Two well -known supporters in the community have been Larry's
Market and McMicken Heights Safeway. Although technically in SeaTac, the Safeway store is proud to
partner with the City of Tukwila in this endeavor as SeaTac residents also benefit from the use of the
Tukwila Food Pantry.
Ms. Hansen reported the continual increase in food bank usage, as well as decrease in donations.
Statistics indicate an increased usage of 38% over this same time last year. With layoffs and other
economic downtrends, more and more individuals are unable to make ends meet without the use of the
food banks.
As it relates to the Emergency Feeding Program, Joe Tice, Director of the Tukwila Food Pantry, is
provided with necessary information to organize volunteers to shop for those in need, based on specific
needs.
The City of Tukwila (on a staff level) has taken on the issue of hunger. Food collection barrels are
located at City Hall, the Department of Community Development, all fire departments, and Police
Departments. These are filled on a year -round basis. Mr. Tice retrieves those items and takes them to
the Tukwila Food Pantry for subsequent distribution.
By the end June 2003, the Tukwila Food Pantry served 2,673 individuals in Tukwila, including senior
citizens, children, single adults, families. This number represents over 70,000 pounds of food, with much
of the goods being contributed during the Mayor's Day of Concern for the Hungry.
After declaring September 27, 2003, as a Day of Concern for the Hungry in the City of Tukwila, Mayor
Mullet encouraged all citizens to join the Emergency Feeding Program and our food banks to nourish
those who are hungry. The original proclamation was presented to Joe Tice, Director of the Tukwila
Food Pantry.
Joseph Tice, Director of Tukwila Food Pantry, 3269 South 137 Tukwila, thanked the Mayor and Council
for their continued support and efforts in this endeavor.
Council President Pam Carter arrived at 7:15 p.m.
A000intment Library Advisory Board
Steve Miller Position #2 Term Expires 12/31/04 (fills vacant position)
Sharon Kidd. 4242 South 146 Tukwila, Manager, Foster Library, introduced Steve Miller. Mr. Miller has
volunteered his time to give back to his community.
Steve Miller. 13811 Macadam Road South, Tukwila, is a Washington native and working on his last
quarter (Master's degree) at Seattle Pacific University. A current Information Systems employee with the
City of Renton, Mr. Miller has always been "fascinated" with libraries, and research (especially in his post-
graduate work) has become his main avocation.
FENTON MOVED; DUFFIE SECONDED; TO APPOINT STEVE MILLER TO POSITION #2 OF THE
LIBRARY ADVISORY BOARD, WITH A TERM TO EXPIRE DECEMBER 31, 2004. The motion
carried 7 -0.
INTRODUCTION OF NEW EMPLOYEE /SI:
Bruce Disend, City Attorney with Kenyon Disend, introduced Ms. Shelley Kerslake. Taking the place of
Bob Noe, Ms. Kerslake will serve as Tukwila's City Attorney. Mr. Disend noted the new City Attorney
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City Council Regular Meeting Minutes September 15, 2003
comes to Tukwila with "glowing references...[is] diligent, hard working, bright...[and has] a good sense of
humor. Chosen from over 100 applicants, Ms. Kerslake stood out to Mr. Kenyon and Mr. Disend as "the
one" who would do an outstanding job for the City of Tukwila.
Shelley Kerslake informed Council she is very excited to serve as Tukwila's City Attorney and hopes to live
up to the comments made by Mr, Disend. A lawyer for 12 years, most recently with the City of Tacoma,
Ms. Kerslake has performed prosecution duties, worked on complex litigation, and done "almost
everything in between."
Sharing her reasons for a change of employment, Ms. Kerslake cited a (greater) variety of work and the
opportunity to interact with a more diverse work staff.
CITIZEN COMMENT /CORRESPONDENCE: None.
CONSENT AGENDA:
a. Approval of Minutes 09 -02 -03 Regular; 09 -08 -03 Special
b. Approval of Vouchers 301541- 301891, in the amount of $1,892,744.70
DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA AS
PRESENTED. The motion carried 7 -0.
BID AWARD:
Award a contract to NC Power Systems of Tukwila in the amount of 129,800 (plus
WSST) for purchase of a diesel generator for the Sewer Lift Station No. 12
Reviewed and approved at the September 3 Utilities Committee meeting, two bids were received with a
difference in price of only $100.00 (plus Washington State Sales Tax). This project appears in the Capital
Improvement Plan and the Adopted 2003 Budget.
LINDER MOVED; HAGGERTON SECONDED; TO AWARD A CONTRACT TO NC POWER SYSTEMS
OF TUKWILA, IN THE AMOUNT OF $29,800, PLUS WASHINGTON STATE SALES TAX, FOR THE
PURCHASE OF A DIESEL GENERATOR FOR SEWER LIFT STATION NO. 12.
The motion carried 7 -0.
PUBLIC HEARING:
a. Proposed Community Development Block Grant (CDBG) Projects for 2004
7:30 p.m. Mayor Mullet opened the public hearing.
Evelyn Boykan, Human Services Manager, Mayor's Office, noted the focus of this public hearing is
centered on the proposed use of CDBG dollars for 2004. Recommendations include:
$10,000.00
$32,193.00
$128,000.00
$84,007.00
Planning and administration (South King County Domestic Violence Planner);
Public services (Recreation Program Assistant for Senior Citizen Program
Support);
Capital expenses (playground structure (not equipment) replacement,
Senior Services Minor Home Repair Unallocated);
King County Housing Repair Program (major home repairs)
Citing one difference from that which was presented in writing, Ms. Boykan reported one of the projects
previously identified (sidewalk development in the Southcenter area) was determined to be ineligible, as
it did not meet the threshold for certain percentage of low- and moderate income residents being
benefited. That project has been moved to the unallocated amount. No project has been identified for
that amount of money.
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City Council Regular Meeting Minutes September 15, 2003
7:35 p.m. Hearing no citizen input /comment, Mayor Mullet closed the public hearing.
Responding to an inquiry from Mayor Mullet, Ms. Boykan reported all funds were not used in 2003 in
connection with the Senior Services Minor Home Repair program. At the end of August, 2003, a total of
13 households were served with 14 home repair jobs. This exceeds expectations in meeting number of
households to be served; yet falls short in anticipated repair job numbers. Marketing and coordination
efforts between the major home repair program and the minor home repair program are currently being
considered.
Ms. Boykan continues to identify opportunities wherein unallocated dollars could be best spent. King
County desires monies be allocated as soon as possible; i.e. when we can find an eligible project.
Ms. Boykan fielded questions from the Council relative to potential uses of unallocated funds including
"personal alert" necklaces to be worn by senior citizens; house numbers; and having a difficult time
spending dollars on items which are actually eligible for these funds.
Responding to an inquiry from Anna Bernhard, Ms. Boykan noted a $10.00 per hour co -pay is charged for
seniors in connection with the Minor Home Repair program, yet a sliding scale is available for those
unable to afford the co -pay.
Another area being explored by Ms. Boykan lies in area of rental unit rehabilitation. This is a program on
which King County spends available federal dollars. In the past, Tukwila spent nearly $60,000.00 in this
vein on the Hillside Apartments, formerly known as the Hillside Apartments (13 units). Monies used
brought the units into compliance with applicable building codes.
HAGGERTON MOVED; FENTON SECONDED; TO SUPPORT THE PROPOSED ALLOCATION OF
AVAILABLE FUNDS FOR 2004 ($32,193 Public Service [Recreation Leader]; $10,000 Planning and
Administration [South King County Domestic Violence Services Planner]; $84,007 Capital Projects [King
County Housing Repair Program, Senior Services of Seattle King County Minor Home Repair Program;
Playground Structure Replacement at Crystal Springs Park and Duwamish Park]); AND TO SUPPORT
THE FUNDING CONTINGENCY PLAN FOR A DECREASE IN FUND ALLOCATION IN THE EVENT
KING COUNTY CDBG CONSORTIUM RECEIVES A REDUCED ALLOCATION OF 2004
ENTITLEMENT FUNDS FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT. The motion carried 7 -0.
c. Annual Comprehensive Plan Amendments (continued from 09 -02 -03 Regular meeting.)
Steve Lancaster, Director of Community Development, reported one final Comprehensive Plan
amendment, (remaining from 09 -02 -03 Regular meeting), deals with office uses in the Manufacturing
Industrial Center /Heavy (MIC /H) designation.
The Planning Commission's recommendation is reflected in the proposed ordinance which would:
1. Allow new office developments in the MIC /H zone as Conditional Uses and subject to the
following restrictions:
a. The maximum size of new office developments shall not exceed 100,000 square
feet of gross floor area per lot that was legally established prior to the effective
date of the adoption of the ordinance.
b. No new offices shall be allowed on lots that abut the Duwamish River and are
north of the turning basin. The parcels that are ineligible for stand -alone office
uses are shown on the map attached to the ordinance.
2. Any existing office development established prior to 12/11/1995 may be allowed to
exceed the maximum size limitations and /or convert to a stand -alone office use subject
to obtaining Conditional Use approval.
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Clarifying provisions of the proposed amendment, Mr. Lancaster relayed the intent with the second
provision is to deal with those uses that were existing on or before 12/11/1995; e.g., if an 80,000 square
foot building was in existence on 12/11/1995, it could expand to 100,000 square feet, per lot.
The designation of this area as a MIC, under the Countywide Planning Policies, require the City to limit
the amount and type of non manufacturing, non industrial use in the area.
7:58 p.m. Mayor Mullet re- opened the public hearing to receive additional testimony on file
numbers L02 -062 and L02 -063.
Elizabeth Warman, The Boeing Company, P. O. Box 3707, MC 14 -49, Seattle, distributed her
written comments to Council and read them into the record. Appearing on behalf of Shaunta Hyde, also
from the Boeing Company, Ms. Warman spoke in general support of Tukwila's recommendations, yet
spoke in opposition to the Planning Commission's recommendation which states, "no new offices shall be
allowed on lots that abut the Duwamish River and are north of the turning basin." This provision seems in
opposition to the visions shared in the 1992 Boeing Duwamish Corridor Redevelopment Proposal, EIS and
Mitigation Agreement and Subsequent SEPA Planned Action.
Rick Osterhout Trisha Lovell, 12886 Interurban Avenue South, Tukwila, appeared in their
official capacity of commercial real estate services representatives, from the firm of Kidder Matthews.
The pair serves as marketing agents for Paccar's surplus Kenworth site. Located north of the turning
basin, this "functionally obsolete" building is to be sold by Paccar. The property includes 24.6 acres and
approximately 340,000 square feet of buildings on the site as currently configured. Mr. Osterhout and
Ms. Lovell see this as a redevelopment opportunity. As such, they seek a greater degree of flexibility
than that which would be offered if the new ordinance were adopted. While support is present for
allowing office uses, both believe it should be for all MIC /H properties, including that of the Boeing
Company, too.
Vern Mervhew. 4431 South 148 Tukwila, member of the Tukwila Planning Commission, yet not
representing the Commission for this meeting, reported a "unanimous agreement" among Commission
members as it relates to the recommendation currently being considered. Commission members felt
strongly that there is a "fairly large amount of office space already" in the area. Conditional use permits,
if acquired, would allow even more. Additionally, the Commission believes it important to preserve part
of the areas for industrial use as a definite need for the same still exists.
Bill Arthur. P. O. Box 88028, Tukwila also a Planning Commission member, yet not representing the
Commission, reinforced statements made by Mr. Meryhew. He pointed out a "small difference" in the
proposed uses of water dependent uses and water related independent uses.
8:10 p.m. Mayor Mullet closed the public hearing.
UNFINISHED BUSINESS:
An ordinance adopting the proposed code amendments to allow office use in MIC /H Zones
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING THE CITY'S 1995 COMPREHENSIVE PLAN FOR THE CITY OF TUKWILA AND
AMENDING TUKWILA MUNICIPAL CODE SECTIONS TO ALLOW LIMITED OFFICE USE IN
THE MIC /H ZONE; AMENDING ORDINANCE NOS. 1865 AND 1758 AS CODIFIED IN TMC
SECTION 18.38.040; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE
FENTON MOVED; DUFFIE SECONDED; to have the proposed ordinance read by title only.
The motion carried 7 -0.
Shelley Kerslake, City Attorney, read the title of the proposed ordinance.
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HAGGERTON MOVED; FENTON SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS
PRESENTED.*
Discussion:
PROPOSED AMENDMENT #1
Councilmember Hernandez spoke in favor of the proposed ordinance, and MOVED; FENTON
SECONDED; TO INSERT "...and Sentember 15, 2003..." AFTER "SEPTEMBER 2" IN THE 7
WHEREAS CLAUSE OF THE PROPOSED ORDINANCE.
The first motion to amend the proposed ordinance carried 7 -0.
PROPOSED AMENDMENT #2 FIRST VERSION
Councilmember Hernandez spoke in favor and MOVED; FENTON SECONDED; TO AMEND THE
PROPOSED ORDINANCE, BY ADDING A SECTION 5(b)(1); TO READ, "NEW OFFICE
DEVELOPMENTS SHALL NOT EXCEED 100,000 SQUARE FEET OF GROSS FLOOR AREA PER LOT
THAT WAS LEGALLY ESTABLISHED PRIOR TO THE EFFECTIVE DATE OF THE ADOPTION OF
THIS ORDINANCE.
Discussion of proposed amendment #2:
Steve Lancaster clarified confusion relative to the intent of the language for this provision. His intent is
to make it clear that pre- existing office use could be made conforming through a conditional use permit
process. He suggested amending item 5(b) to read, "An existing office development established prior to
12 -11 -1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations,
may be recognized as a conforming conditional use under the provisions of this code. A second sentence
would read, "An existing office development established prior to 12 -11 -1995 may convert to a stand-
alone office use subject to the provisions of this code."
COUNCILMEMBER HERNANDEZ WITHDREW THE FIRST VERSION OF HER PROPOSED
AMENDMENT #2.
PROPOSED AMENDMENT #2 SECOND VERSION
HERNANDEZ MOVED; HAGGERTON SECONDED; TO AMEND SECTION 18.38.040 5(b) TO
READ, "AN EXISTING OFFICE DEVELOPMENT ESTABLISHED PRIOR TO 12 -11 -1995 (THE
EFFECTIVE DATE OF THE COMPREHENSIVE PLAN) THAT EXCEEDS THE MAXIMUM SIZE
LIMITATIONS, MAY BE RECOGNIZED AS A CONFORMING CONDITIONAL USE UNDER THE
PROVISIONS OF THIS CODE. AN EXISTING OFFICE DEVELOPMENT ESTABLISHED PRIOR TO
12 -11 -1995 (THE EFFECTIVE DATE OF THE COMPREHENSIVE PLAN) MAY CONVERT TO A
STAND -ALONE OFFICE USE SUBJECT TO THE PROVISIONS OF THIS CODE."
The second motion to amend the proposed ordinance carried 7 -0.
Proposed amendment #3:
Councilmember Linder stated that if we allow offices in all of MIC /H, it would not jeopardize our status as
one of four manufacturing industrial centers. Secondly, it appears that Seattle's portion of the Duwamish
Manufacturing Industrial center does not treat that parcel differently than the other property which does
not abut water. Therefore,
LINDER MOVED; CARTER SECONDED; TO STRIKE THE THIRD WHEREAS CLAUSE AND
SECTION 18.38.040 5(a)(ii) FROM THE PROPOSED ORDINANCE.*
Discussion on proposed amendment #3:
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Mr. Lancaster stated if the intent is to allow office uses in /along the water route north of the turning
basin, (the same as the rest of the ordinance allows), the motion to amend, as stated, would be
sufficient.
In light of work and consideration already performed by the Planning Commission, Councilmembers
Hernandez, Fenton, Simpson, Duffle and Haggerton spoke in opposition to proposed amendment #3 to
the ordinance. Council President Carter and Councilmember Linder debated further in favor of proposed
amendment #3.
The third motion to amend the proposed ordinance failed 2 -5.
*Vote on the proposed ordinance, as amended, carried 5 -2; with Council President Carter
and Councilmember Linder voting NO.
APPROVED ORDINANCE #2028
REPORTS:
a. Mayor
Mayor Mullet noted the Tukwila Food Pantry is "really doing a superb job..." They have obtained a
refrigerated truck, government surplus foods, Rotary support, volunteer assistance, and other means of
assisting members of the community.
Last week, Mayor Mullet attended a Regional Water Quality Committee meeting. Additionally, he
attended a Tukwila Urban Center Workshop today.
b. City Council
Councilmember Duffie attended this evening's Finance and Safety Committee meeting.
Councilmember Hernandez attended the Community Affairs and Parks Committee meeting on
September 9. The Councilmember also attended today's workshop on the Tukwila Urban Center.
Council President Carter attended last week's Suburban Cities Policy Board meeting; and a Puget
Sound Regional Council Funding Priorities Task Force meeting.
Councilmember Haggerton had no report.
Councilmember Linder attended today's Tukwila Urban Center Workshop. She also participated in the
cleanup effort of the Highway 99 Action Committee meeting.
Councilmember Fenton had no report.
Councilmember Simpson also participated in the September 2 Highway 99 Action Committee cleanup
efforts.
c. Staff
Rhonda Berry had no report.
d. City Attorney
Shelley Kerslake enjoyed her first Council meeting with the City of Tukwila.
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e. Legislative Analyst
Lucy Lauterbach reported an AWC Regional meeting September 24 at the Embassy Suites.
MISCELLANEOUS:
Councilmember Duffle invited Council President Carter (and anyone else who wants) to meet with him
and a representative of the Somali community, at Tukwila Elementary School, on Thursday, September
18, 2003, at 10:00 a.m.
ADJOURN:
9:10 p.m. FENTON MOVED; DUFFIE SECONDED; TO ADJOURN THE REGULAR MEETING.
The motion carried 7 -0.
Steven M. Mullet, Mayor e Cantu, CMC, City Clerk
Date Minutes Signed: September 22, 2003 Special Meeting