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HomeMy WebLinkAbout2005-03-07 Regular Minutes6:32 p.m. 6:46 p.m. No action taken. REGULAR MEETING 7:00 p.m. CALL TO ORDER/PLEDGE OF ALLEGIANCE: Steven M. Mullet, Mayor, called the Regular meeting to order at 7:02 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL: Bob Baker, Deputy City Clerk, called the roll of Council. Present were Council President Pamela Linder; and Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Dennis Robertson and David Fenton. OFFICIALS: SPECIAL PRESENTATIONS TUKWILA CITY COUNCIL MEETING Council Chambers City Hall March 7, 2005 Executive Session 6:30 p.m. 30 minutes Pursuant to RCW 42.30.110(1)(i) Pending Litigation Executive session began. Executive session ended. Steven M. Mullet, Mayor; Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Peter Beckwith, Assistant City Attorney; Lucy Lauterbach, Legislative Analyst; Bob Baker, Deputy City Clerk; Kevin Fuhrer, Finance Director; David Haynes, Acting Police Chief; Bruce Fletcher, Parks and Recreation Director; Steve Lancaster, Director of Community Development; Derek Speck, Economic Development Administrator; and Nora Gierloff, Planning Supervisor, Department of Community Development. a. Swearing In Ceremony (Two) Tukwila Police Officers Entry Level Zachary Anderson Kyle Isaak David Haynes, Acting Chief of Police, introduced both men. They will soon attend the police academy and have an anticipated graduation date of July 14. Mayor Mullet administered the Oath of Office to the gentlemen and Acting Chief Haynes presented them with badges. b. Update Southcenter Mall Expansion project Larry Green, Vice President. David Kautz. Development Director. Westfield Corporation Larry Green reviewed the Southcenter Mall expansion project a plan two years in the making. He spoke favorably of how well the project ties into the long -term goals of the Tukwila Urban Center. City of Tukwila City Council Regular Meeting Minutes With the use of artist renderings, Mr. Green showed Council and the audience the proposed "active facade" which includes a new entrance into the mall. A second and third level to the mall are proposed and will include five or six new restaurants, an AMC theater (on the third floor), and 250,000 square feet of "specialty retail" including the addition of approximately 100 "specialty" stores. The currently existing food court will be relocated to the second floor of the mall and will have views of Mount Rainier. Two new parking decks and rooftop parking will also increase parking efficiencies for shoppers. An Australian -based company, Westfield's has worked at length in creating convenient and economically responsible parking. In addition to approximately 1,500 new jobs, Westfield's also anticipates $600,000,000 in yearly sales. The Vice President of Westfield's spoke highly of working with Tukwila City staff. While demolition of the former Doubletree Suites is scheduled for "summer or fall of 2005," Mr. Green also reported construction should begin in the fall of 2005. One "challenge" noted for the proposed construction timeframe has to deal with holiday seasons and back -to- school issues. The anticipated completion date of the entire project is "fall, 2007 or spring, 2008." CITIZEN COMMENT /CORRESPONDENCE: Anna Bernhard. 14241 59 Avenue South. Tukwila., spoke in favor of City staff investigating low -light levels at the Tukwila Library. Additionally, she supported Council's decision on not supporting annexation efforts by residents of the Skyway and Boulevard Park communities. CONSENT AGENDA: a. Approval of Minutes January 18, 2005 Regular; February 22, 2005 Regular b. Approval of Vouchers 314052 314307, in the amount of $562,728.38 DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS PRESENTED. The motion carried 7 -0. PUBLIC HEARING: Clerical note: Gayle Hayes, Certified Court Reporter, with the firm of Byers- Anderson, reported this issue verbatim. 7:30 p.m. Page 2 of 5 March 7. 2005 Appeal of the Board of Architectural Review's decision aoprovinq the SC -3 Retail Proiect located at 17401 Southcenter Parkway Shelley Kerslake, City Attorney, reported this issue as a closed- record, quasi judicial public hearing wherein the City Council must affirm decisions made by the Board of Architectural Review (BAR) or remand them for further hearing and /or modification(s). No new information is permitted for introduction into the record. The property owner and a tenant adjacent to 17401 Southcenter Parkway are appealing two decisions of the Board of Architectural Review. The BAR approved the design of a strip retail development that would replace Winner's restaurant. City of Tukwila City Council Regular Meeting Minutes Presentations were made by the following: Melody McCutcheon, attorney for Appellant, CLPF Tukwila, L.. P. Joshua C. Allen Brower, Attorney for Appellant, Jo -Ann Stores, Inc. Henry C. Jameson, attorney for Applicant, Brad Decker Shelley Kerslake, City Attorney, City of Tukwila. Rebuttals were made. Ms. Kerslake cautioned Council to not consider that which is not in the record. *Vote The motion carried 7 -0. UNFINISHED BUSINESS: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2053 AND TUKWILA MUNICIPAL CODE CHAPTER 16.48, "FIRE PROTECTION IN HIGH -RISE BUILDINGS," PROVIDING FOR THE GRANTING OF EXCEPTIONS TO TUKWILA'S CODES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Page 3 of 5 March 7, 2005 The City Attorney posed Appearance of Fairness Doctrine questions to each Councilmember. Based upon their answers, no objections were raised to any of them hearing the matter. 7:40 p.m. Mayor Mullet opened the public hearing. Nora Gierloff, Planning Supervisor, formally introduced the closed record appeal of design review. She noted appeal issues must be based solely on information presented to the BAR (and provided to Council in advance of this meeting). The Planning Supervisor reviewed the issues on appeal, including the Standard of Review and Burden of Proof issues as outlined in the City's brief to the Council. Following Council's hearing, they may accept, modify or reject the Board's decision or any finding /conclusion therein. Further, they may remand the item to the BAR for further hearing on any issue raised during the public hearing. Council may also render a written decision, including Findings of Fact and Conclusions of Law. Finally, although the decision of the Council is "final," it may be appealed to the King County Superior Court. 8:48 p.m. After indicating a willingness to deliberate the issues immediately, Mayor Mullet closed the public hearing and opened the floor to debate. ROBERTSON MOVED; LINDER SECONDED; TO UPHOLD THE DECISION OF THE TUKWILA BOARD OF ARCHITECTURAL REVIEW IN CASE L04 -036, TO APPROVE THE DESIGN OF THE SC -3 RETAIL BUILDING AND SITE.* Discussion ensued wherein Council discussed and deliberated support of the BAR's Findings of Fact and each individual issue on appeal. Council agreed the applicants met the burden of proof and the facts demonstrated they showed clear compliance. For those reasons, the Council voted to uphold the decisions of the BAR and directed the City Attorney to draft Findings of Fact and Conclusions of Law for presentation at a future meeting. a. An ordinance amending the provisions of Ordinance No. 2053 reaardina high -rise buildings City of Tukwila Citv Council Reaular Meetina Minutes Page 4 of 5 March 7. 2005 City of Tukwila Ordinance No. 2053, adopted in June 2004, must be amended to include an exception clause, meaning, "...Any exception to the items covered by this chapter shall be granted by the Chief of the Fire Department or by the Fire Marshal. Requests for exception must be made in writing; exceptions granted or denied shall be in writing." DUFFIE MOVED; FENTON 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. DUFFIE MOVED; LINDER SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ. The motion carried 7 -0. APPROVED ORDINANCE #2083 b. A motion approving a budaet transfer of $80,000.00 from the Cascade View Phase 2 line item to the Macadam Winter Garden budaet This request (made by Parks and Recreation staff) represents an estimated construction and design amount for the project. Total projected costs of the project are approximately $240,000.00. City staff is currently applying for grants and will sponsor a "volunteer planting" event to reduce construction costs. Work has taken place with Secret Garden of Tukwila to secure a donation for the entry structure and other donations will also be solicited. DUFFIE MOVED; LINDER SECONDED; TO APPROVE A BUDGET TRANSFER OF $80,000.00 FROM THE CASCADE VIEW PHASE II LINE ITEM TO THE MACADAM WINTER GARDEN BUDGET. The motion carried 7 0. REPORTS: a. Mayor Steven M. Mullet had no report. b. Council Councilmember Joe Duffie attended the fundraising breakfast sponsored by the Tukwila Food Pantry on March 3. Councilmember Joan Hernandez attended the March 1 D.A.R.E. graduation ceremony and (later the same date) Community Affairs and Parks Committee meeting. On March 3, the Councilmember attended the Equity and Diversity Committee meeting. Council President Pamela Linder reported attendance to the March 4 Lodging Tax Advisory Board meeting and March 7 Backyard Wildlife Advisory Board meeting. Councilmember Pam Carter reported attendance to the March 1 D.A.R.E. graduation ceremony. Councilmember Jim Haggerton will attend the National League of Cities Conference, beginning Friday, March 11. Councilmember Dennis Robertson attended this evening's Finance and Safety Committee meeting. City of Tukwila City Council Regular Meeting Minutes Councilmember David Fenton reported he, too (along with Councilmember Carter and Haggerton) will attend the National League of Cities Conference. c. City Administrator Rhonda Berry had no report. d. City Attorney Shelley Kerslake advised Council to maintain confidentiality relative to this evening's (SC -3 Retail Project) public hearing as the appeal is not final. e. Legislative Analyst Lucy Lauterbach advised Council of an upcoming (AWC- sponsored) course on Open Public Meetings Act and Public Disclosure. Further (written) information will follow. MISCELLANEOUS: Councilmember Fenton praised the efforts of Tukwila Fire Department personnel for recently reviving a resident at his apartment complex. Using "paddles," Fire personnel were able to re- establish a pulse in the woman, who passed away after being transported to a local medical facility. Council President Linder spoke in favor of all minutes (Committee, Commission, Board, Council, etc.) being initialed by the City staff member /volunteer preparing those minutes. Councilmember Robertson suggested initials were not enough. Others agreed. The minutes shall be signed by whoever prepares them. Council President Linder directed Rhonda Berry, City Administrator, to make such an announcement at an upcoming meeting of department directors. ADJOURNMENT: 9:54 p.m. HERNANDEZ MOVED; DUFFIE SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 7 -0. Steven M. Mullet, Mayor Rebut bri Robert H. Baker, CMC, Deputy City Clerk Date minutes approved: March 21, 2005. Page 5 of 5 March 7, 2005