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HomeMy WebLinkAbout2009-04-20 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES CALL TO ORDER /PLEDGE OF ALLEGIANCE /ROLL CALL, ROLL CALL Regular Meeting April 20, 2009 7:00 P.M. Mayor Pro Tempore Hernandez called the Tukwila City Council meeting to order at 7:05 p.m. The Tukwila Elementary School Color Guard presented the colors and led the audience in the Pledge of Allegiance. The Tukwila Elementary School Color Guard Members, Vyla Phavong, Prenz Sa Ngoun, Tahnie Johnson, Yesmin Abdikadir, Mikayla Kato, introduced themselves to the Tukwila City Council. The Council and members of the audience thanked them for their honorable presentation of the colors. Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn. CITY OFFICIALS Rhonda Berry, City Administrator; Sara Springer, Assistant City Attorney; Shawn Hunstock, Finance Director; Jim Morrow, Public Works Director; Bruce Fletcher, Parks and Recreation Director; Derek Speck, Economic Development Administrator; Jack Pace, Community Development Director; Carol Lumb, Senior Planner; Evelyn Boykan, Human Services Manager; Lisa Verner, Project Manager; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. SPECIAL PRESENTATIONS a. Update on Small Business Development Center (SBDC) at Highline Community College Zev Siegl, Business Advisor Derek Speck introduced Tukwila's Small Business Development Center by saying that the City helped set up the organization over five years ago. It is currently funded by a variety of sources including the City of Tukwila, other nearby cities and the Port of Seattle. Councilmember Linder serves as their elected official. Mr. Zev Siegl has been there since the beginning, to help small businesses in Tukwila and other nearby cities. He is currently a lead Small Business Development Advisor, helping regional businesses. Mr. Siegl introduced Mr. Rich Shockley, who is the other Business Advisor at the SBDC. They would like to provide an overview of the services provided by the Center. Mr. Shockley explained that Highline Community College's SBDC is just one of many centers around the nation. They provide advisory services to business owners in Southwest King County. He explained they work alongside both new and existing businesses to develop solutions to challenges or opportunities. They work primarily with existing businesses of 2 -15 employees, and sales between $300,000 and $3 million per year, in every economic sector. Mr. Shockley shared 2008 statistics to illustrate the SBDC's efforts: 1) They helped businesses with $2.5 million worth of capital formation 2) Saved or created 80 jobs 3) Worked with 255 business owners 4) Spent ,1200 hours in direct services with those owners Mr. Siegl conveyed the SBDC typically helps businesses with issues such as: 1) sales and profit forecasting 2) putting together loan packages, connecting with new customers 3) connecting with new customers via marketing 4) understanding their financial choices, which is a big deal this year Tukwila City Council Regular Meeting Minutes April 20, 2009 Page 2 of 13 He also indicated that business owners face some big issues right now: 1) a reduction in sales by both consumers and other businesses 2) fewer business loans available to businesses, and banks unwilling to make loans 3) increased reliance by bankers on the collateral for business loans The Councilmembers thanked Mr. Siegl and Mr. Shockley for their service to local businesses. b. Update on the Library Advisory Board Marie Parrish, Chairperson Marie Parrish, Chairperson of the Tukwila Library Advisory Board, provided a summary of the work performed by the Board. One of the Board's recent activities is the year -long Hundreds of Books contest for the centennial celebration. That contest has had 312 participants, reading 1,665 books so far. Dr. Seuss Night is another very well attended event sponsored by the Library Board. The King County Library Board came to Foster Library on November 25, 2008 and presented a copy of a community study done by the library staff about every 10 years. The study examines the community's library needs and provides recommendations. As the City looks forward to the new Tukwila Village library, she believed the report would help them make program decisions. The nation's economic issues have impacted the libraries too. The library system will open almost all their branches an hour earlier May 1 -May 8, 2009, to help patrons with different job search tasks. Foster will be one of those libraries opening earlier, but the Tukwila Library will not. Also during that time, the Tech Van will come to the library parking lot and assist people in setting up free email accounts for online job applications. Their next Board meeting is May 21, 2009 at the Foster Library at 7:00 p.m. Councilmember Robertson asked what follow -up there would be to ensure the report's recommendations have been adopted. Ms. Parrish replied that local library staff had prepared the report and presented it to the Library Board. The Library Director indicated the report would help direct the library's activities, and that not everything in the report is expected to occur. Councilmember Robertson said the report made no mention of the Tukwila Library and asked if that meant the library would not be kept open. Ms. Parrish indicated she has not heard a decision on that issue, and the numbers for that library have continued to go down. Councilmember Hougardy inquired about how the Southcenter Library has been doing. Ms. Parrish replied that it has been doing fairly well, with quite a bit of foot traffic that has gone down in recent months. Southcenter is more of a regional library, and as such it operates under slightly different rules. Rhonda Berry, City Administrator, pointed out that the teen collections at both Tukwila and Foster libraries have the highest circulation rates of any teen collection at any other King County library branch. Ms. Parrish added that library staff works very hard to provide teen activities, noting that proximity to the high school has been helpful. The Councilmembers thanked Ms. Parrish for the informative presentation. PROCLAMATIONS /APPOINTMENTS A Proclamation designating April 24, 2009 as Arbor Day in the City of Tukwila. Mayor Pro Tempore Hernandez read a Proclamation designating April 24, 2009 as Arbor Day in the City of Tukwila, Washington. CITIZEN COMMENTS There were no citizen comments. Tukwila City Council Regular Meeting Minutes April 20, 2009 Page 3 of 13 CONSENT AGENDA a. Approval of Minutes: 03/23/09 (Special) b. Approval of Vouchers #346034- #346308 #200904201 #200904203 in the amount of $1,530,776.77 c. Accept as complete the East Marginal Way South /92 Place South Signal Pole Replacement project with TransTech Electric, Inc.; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $83,061.00). (Contract #08 -059) d. Accept as complete the Green River Pedestrian and Utility Bridge Re -bid Painting project with Purcell Painting and Coating, LLC; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $126,609.58). (Contract #08 -074) MOVED BY DUFFIE, SECONDED BY HOUGARDY TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED 7 -0. PUBLIC HEARING Shoreline Master Program (SMP) Update and Environmental Review Carol Lumb, Senior Planner, presented an overview of the proposed Shoreline Master Program's approval process and opportunities for community participation. The review began in July 2008 with a joint City Council /Planning Commission briefing on the draft SMP, given by Planning staff. Over the next six months, the Planning Commission reviewed the plan's details, which included a public hearing in August. That public hearing was continued to October 2008 to allow for additional public testimony. Staff also held three Open Houses as that review progressed. Finally, the Planning Commission finished up in February 2009, at which point the Planning Commission presented its recommended draft of the SMP for Council review. The Council was briefed on those recommendations on March 23, 2009, and Planning staff hosted an Open House on March 25, 2009 for the public. Tonight's meeting will give individuals the chance to provide formal testimony on the recommended draft. 7:45 Mayor Pro Tempore Hernandez opened the public hearing and called for citizen comment Ms. Hernandez acknowledged receipt of three letters for the record: 1) a letter from Gordon Derr, Attorneys at Law, dated March 16' 2009, signed by Jeff Weber (Exhibit 1) 2) a letter from Costco, dated April 20,' 2009, signed by Kirsten Jensen (Exhibit 2) 3) a letter from Gordon Derr, Attorneys at Law, dated April 20, 2009, and signed by Molly Lawrence (Exhibit 3) Bryan Archer, 13013 56 Avenue South, relayed that he did not receive a mailing related to flood control, and he has built a new house in that area. Secondly, he pointed out that Channel 21 is not showing up on television after the switch away from analog broadcasting. Third, more information should be provided about flood insurance available in that area and what the rates will be. John Storm, Harnish Group (HGI), representing NC Machinery, 17035 West Valley Highway, provided written documentation for the record (Exhibit 4). Mr. Storm would like to reaffirm all earlier comments given in oral testimony on October 9, 2008 and January 15, 2009, as well as letters submitted for written testimony dated October 16, 2008 and December 10, 2008. They recognize that progress has been made and were encouraged to see the modified buffer width proposed for the east riverbank. They are in that designated area. That original buffer has been relaxed from 125 feet to 100 feet. Because they are on the non -levee side of the river, they believed that buffer could be reduced even further. They were also encouraged to see the additional text in 14.6A and 14.6B related to non conforming uses. However, they also believe the new language is more restrictive than today's draft would indicate. That language is also more restrictive than similar language in the Bellevue code, which they pointed out in a letter dated January 15, 2009. Tukwila City Council Regular Meeting Minutes April 20, 2009 Page 4 of 13 In reference to their December 10, 2008 letter to the Planning Commission, staff's recommendation is to designate HGI's property within the Urban Conservancy Environment. HGI's property is currently zoned Commercial /Light Industrial, and is intensively used by that business according to that zoning. The Urban Conservancy Environment designation is inconsistent with established use of that property, the underlying zoning, and the SMP guidelines the City is supposed to follow. The SMP guidelines direct the City to assign a high intensity environment designation to shoreline areas within incorporated municipalities if they currently support high intensity uses related to commerce, transportation and navigation. HGI's heavy equipment business meets those criteria. Given the lack of water- dependent uses and lack of anticipated demand in Tukwila, the City should assign high intensity environment designation to HGI's property. Rick Jerabek, Attorney for Costco Wholesale in Tukwila, indicated they have been participating in the comment process at the Planning Commission level, and they still have a variety of concerns. They articulated those concerns in a letter dated April 20, 2009. Specifically, they are concerned with some technical issues related to non conforming structures and non conforming uses, as well as existing improvements within the shoreline jurisdiction. One of the critical concerns is the uniformity of the proposed "125 foot no activity buffer." That buffer was intended to be a natural buffer with no improvements whatsoever, yet Tukwila has improvements throughout the river corridor. Imposing such restrictions in already developed areas would create a dilemma for affected property owners. Costco's building is not located within the shoreline jurisdiction, but their parcel is. In their case, parking areas and landscaping are within that no -build area. If the plan ever required them to remove those areas to meet the goals for the no- activity zone, Costco would lose a substantial portion of their parking lot. Secondly, Costco's long -term planning must include this SMP. Given the existing recommendations, they have to question whether it would be feasible to ever redevelop that parcel. In the short term, there are specific regulations regarding landscaping and parking areas within that shoreline jurisdiction, such that they would have to provide noxious weed eradication and other measures that would be very expensive. He asked the Council to consider the real impacts this proposal would inflict upon landowners. Clearly, the plan must comply with the Department of Ecology's guidelines, but he wondered whether the impacts have been sufficiently measured and minimized as they apply to the businesses that drive the City's economy. Other regional cities have gone through this process and have successfully engaged business owners and property owners, and have passed plans supported by those businesses. Kent and Auburn are two examples. The City could have convened a Citizens' Committee or Businesses Committee to better measure and incorporate those concerns. It is not too late to take those actions. The more businesses are included in the process, the more they will feel well represented and able to support it at the adoption stage. Jeff Weber of the Gordon Derr Law Offices spoke as a representative of the James Campbell Company LLC, the Realty Associates Fund 7, and International Airport Centers LLC, and provided written documentation for the record (Exhibits 5). All three companies are landowners along the Green River, and all three have existing buildings impacted by the SMP's proposed buffers. They appreciate the work done by the Planning Commission, but they are concerned about the treatment of non conforming uses and non conforming structures related to those buffers. He would like to see specific language changes for the Council's consideration. To illustrate those language changes, he used the James Campbell Company's Glacier Building as an example. That building is a modern building along the Green River, featuring three tenants and 26 jobs. The proposed 125 foot buffer would run right through the building, such that part of the building is inside the buffer and part is outside. Traditional light- industrial uses are not permitted within that proposed buffer, so that portion of the building within the buffer, and the business conducted in that portion, would be categorized as non conforming. The proposed language does allow existing uses and buildings to continue functioning, but subject to certain conditions. If the use is vacated and not replaced within two years, the grandfathered non conforming usage is lost. Replacing that tenant within the allowed two -year window is problematic, particularly considering the proposed requirements to: Tukwila City Council Regular Meeting Minutes April 20, 2009 Page 5 of 13 1) Find a tenant conducting the same type of business. 2) Prohibit expansion of non conforming space, which means an adjacent tenant could not expand that space. The current economic climate would make filling a building vacancy very difficult within a two -year timeframe. The proposed regulations allow for discretionary extension but that would still be very limiting. This is not just an issue for property owners. It is also an issue for the City. If building owners cannot refill their vacancies, the City loses all that tax revenue. The Glacier Building pays over $12,000 in property taxes each year to the City. Instead, his clients propose that the SMP allow the entire building to be used for the purposes allowed outside the buffer. A second point is that the Planning staff seems to have taken the existing zoning regulations, made some revisions to the non conforming usage language, and then used that modified language as the basis for the SMP code. However, the conceptual basis of the zoning code is not applicable for this purpose. For example, if an Industrial parcel was rezoned as residential, the obvious implication would be that industrial businesses and buildings would be replaced by residential homes. Yet the purpose of the buffer is not to force out existing businesses. Rather, it allows space for levee reconstruction as needed. Until those levees are reconstructed, existing uses should be allowed to continue without so many limits. His clients also have issues with the buffer redevelopment impacts. Instead of going into those, he wants the Council to know there are easier ways to address these issues regarding existing usage. He encouraged the Planning staff to not only consider Department of Ecology requirements, but also to consider the businesses impacted by these regulations. His clients believe the City can find ways to meet City needs, Department of Ecology needs, and business community needs simultaneously. Charles Maduell, with Davis Wright Tremaine, representing Yellow Transportation, Innkeepers USA, and Desimone Trust, provided written documentation for the record (Exhibits 6, 7, 8, 9). All three companies own industrial or commercial property along the river. Each of these property owners has submitted comments during the Planning Commission's SMP consideration. They have also offered language to address those concerns. Some of those concerns were addressed, and additional concerns remain. He has submitted written statements which detail these concerns. First, the proposed buffers created many of his clients' objections. All of his clients' properties are zoned and developed for Commercial and Industrial uses. None are on levees. All would have their existing buffers doubled or more than doubled under the proposed regulations. For many of the properties, that new buffer would cut through the middle of the parcel, and some or all of the parcel's buildings and improvements would then fall within the new no- activity zone. The implications include: 1) Existing uses and structures will become non conforming, which would create substantial adverse impact on property value and redevelopment potential. It would also negatively affect the tenants' ability to get loans and insurance. 2) It will be difficult or impossible for parcels to be redeveloped even consistent with current use. 3) A map showing his clients' different properties illustrated some of the issues. He manually applied a dotted line where the proposed buffer would be. These properties have high, stable banks and fully functioning buffers. The new buffers would eliminate half the use of those properties. He felt such an aggressive buffer was not appropriate at such highly developed properties. The buffer width should instead be based on the specific characteristics of the site. At the very least, the proposed regulations should allow the property owner to obtain a buffer reduction waiver if they can show it could be accomplished without adversely affecting shoreline functions and values. That provision would be consistent with the Shoreline Management Act and with the approach taken by neighboring cities' programs. 4) The proposed regulation, section 14.6A4, would prohibit property owners from changing to other uses that are otherwise allowed in the underlying zone. This is a big problem for property owners with buildings within that buffer area. That stipulation will make those buildings more difficult to rent out, which in turn will make it difficult to meet the two -year requirement for the grandfathered non conforming use, at which time they would lose that altogether, and the building would have to Tukwila City Council Regular Meeting Minutes April 20, 2009 Page 6 of 13 be removed. A landlord should be able to replace a tenant with another tenant so long as the new use is permitted by the zoning. 5) The most restrictive and expensive requirements are those regarding landscaping and public access requirements during redevelopment. Even minor redevelopment would trigger all the improvements. The required improvements should be proportional to the proposed site changes. He agreed with Mr. Weber that the City should consider the impacts of these proposed regulations on the City's businesses. Joe Desimone lives at 5609 SW Manning Street, Seattle, and his family has owned property along the Green River since the 1930's, and he provided written documentation for the record (Exhibit 10). Those parcels total almost 100 acres, and those properties represent a huge economic impact for both the family and the community. By simply extending the buffer, his family will lose $5 million in property value alone. He hopes the Council will consult a map showing the new buffer, to see all the buildings that would be impacted by this change. His family is concerned about the proposed non conforming language. They believe the language is illogical, because property owners cannot replace one tenant with another tenant unless that new tenant runs exactly the same type of business. For instance, the tenant who operated Barnaby's Restaurant had to recently vacate that building. If he cannot replace that tenant with another restaurant owner for whatever reason, he will have to sacrifice a $650,000 building. That is just one piece of property. He asked the Council to consider the implications if that happened on each affected parcel. The proposed changes would also negatively impact the City's tax base. The SMP would impact 14 miles of improved parcels along that river, and many of those parcels have buildings within the new buffer zones. Losing businesses would result in big revenue losses for the City. That, in turn, would force the City to cut back on all those services paid for by that revenue, such as police, fire and parks. He stressed awareness that current economic conditions have already forced people to cut back on spending. In his viewpoint, it is unreasonable to require a two -year turnaround for refilling tenant vacancies given the economic environment. He proposed they eliminate that two -year timeframe, and let the market decide whether the existing use is viable. Another point is the rentability for commercial properties. Many factors go into the decision to rent a certain building for business purposes, and renting commercial real estate is more difficult than renting residential properties. Another issue is that Tukwila's existing urban commercial code was designed for economic growth and development for a major metropolitan area. The code should reflect that desire to preserve and encourage growth instead of hampering it. Hampering growth will increase urban blight, vandalism of vacant buildings, debris and trash on the properties, and incidents of drug abuse within the buildings. He has personally seen all four of those issues develop when buildings have gone vacant. He believes many of the existing businesses would never be able to afford the bank redevelopment required under the proposed rules. However, those same businesses would be able to accommodate more proportional improvements, which would result in a more functional buffer and a win -win situation. Auburn is already doing that, and their plan is due to be approved by the Department of Ecology within a few weeks. He encouraged the City to examine their approach and duplicate it. From his standpoint, it is unreasonable to require every parcel to provide public access, regardless of size or impact. He suggested that small adjoining properties be allowed to provide public access jointly or supporting infrastructure such as parking lots. In his opinion, the height limits are unreasonable, because the limit drops from 125 feet to 40 feet in the areas nearest the river. That is a huge reduction, not only in height, but also in economic viability. The result is that property owners will compensate by expanding the footprint, which contradicts the SMP's goals. Instead, he suggested they increase that height allowance to provide better economic viability, more tax revenue and more jobs. Finally, on some properties, the proposed 100 foot buffer goes beyond the buildable line. That means as soon as the property owner loses the current tenant, they can no longer build on that property. That would render the building and the property worthless. The proposed code needs some flexibility for owners in that situation. He hoped the Council would consider all these issues and try to find workable solutions. Tukwila City Council Regular Meeting Minutes April 20, 2009 Page 7 of 13 Greg Haffner, Curran Law Firm, representing the Strander family, provided written documentation for the record (Exhibit 11). The Strander family owns several parcels along 38 Avenue South, one of which is directly impacted by the proposed SMP. He wants to reiterate the comments previously submitted to the Planning Commission. The Strander parcel is a small one -acre parcel, serving as a parking area for an adjacent parcel. The proposed buffer would render one -third of that property as non conforming use. Their primary concerns are: 1) the extent of the proposed buffers 2) the one size fits -all aspect 3) the creation of non conforming use as a result of those buffers 4) the economic impact these proposals would have. Citizens are concerned that there was no economic impact analysis done regarding this plan. He asked the Council to consider the following: 1) Do not use the one size fits -all buffer, and instead work with each property owner to determine what a reasonable buffer is. 2) What will be the impact of making so many properties nonconforming? 3) What will be the economic impact on the City, from both the loss of tax revenue as well as the possible financial losses associated with lawsuits filed by property owners? 4) He strongly encouraged the Councilmembers to consider how much the Department of Ecology can legitimately require the City to do regarding these buffers. He summarized by asking the Council to include property owners in their deliberations so that an equitable solution can be created. Courtney Kaylor, representing La Pianta LLC, provided written documentation for the record (Exhibit 12). La Pianta owns 500 acres adjacent to the Green /Duwamish River, south of 180 Street. This parcel has been referred to as the Tukwila South property. La Pianta has been actively involved in the SMP update process and agrees with the comments made by other property owners. However, at this time her clients want to focus on the impact to the Tukwila South parcel. La Pianta is particularly concerned with: 1) the buffer requirements 2) the height restrictions 3) the vegetation and landscaping requirement The SMP proposed uniform buffer requirements ranging from 100 foot to 125 foot width. Yet information already presented to the City demonstrates that a uniform size is not required for all properties. Engineering and environmental concerns can be addressed on the La Pianta property with a buffer of only 70 feet, or the edge of the landward side of the levee. A biological expert has shown that a larger buffer is not needed when levees are present. Regarding the height limitations, the current SMP limits heights to 45 feet within the shoreline jurisdiction, which is 200 feet from the river. Within the no- activity buffer, no development is allowed. Yet the Shoreline Management Act stipulates that the only reason for a height limitation in the shoreline area is to protect views from residences. La Pianta has submitted photos to the Planning Commission showing there are no river views that would be impacted by development of the Tukwila South property. There are no residences on that property, and the existing levee blocks river views anyway. Regarding vegetation and landscaping, the current SMP requires that development remove non native vegetation within the buffer area, replant with native vegetation, and maintain this for a period of years. Yet there is no linkage between these requirements and the impact of a particular development on that buffer area. The City should ensure that these requirements are related to, and proportional to, the impacts of development, which is consistent with existing state law. Tukwila City Council Regular Meeting Minutes April 20, 2009 Page 8 of 13 La Pianta respectfully requests that the Council consider: 1) Reducing the buffer, or including some flexibility in the SMP to allow staff to address buffer requirements on a parcel -by- parcel basis. 2) Allow development to the height of the underlying zoning where view impacts will not occur. 3) Ling vegetation and landscaping requirements to the actual impact development on each particular parcel. Dick Hinthorne, General Manager of Baker Commodities, 5795 South 130 Place, indicated his company provides rendering services, and they were one of the earliest green businesses in the area. They take animal waste and used restaurant grease and make oils used in a wide variety of applications. Their facility has been at its current location since the 1930's, making it one of the longest continually operating businesses in Tukwila. The property is bounded on three sides by the river, across from the Foster Golf Course. They are very concerned about the potential impacts from the proposed SMP regulations. They appreciate the staff and Planning Commission efforts to address their concerns, particularly related to the changes made after a lawsuit was filed against the City to protect current uses on their property. That lawsuit was concluded in 1996. They are concerned with several issues in this current proposal: 1) Increasing the buffer from 40 feet to 100 feet: Their property is about 12 acres, and 5 acres would be within the buffer zone. That has a huge impact on their options for future property development. He hopes they will instead allow a property -by- property examination of appropriate buffer size, as already suggested. 2) They are hesitant to do anything that would trigger the vegetation requirements, because they would be required to expend a huge amount of time and money clearing 2,200 feet of shoreline blackberries, by hand. They would prefer that any landscaping or re- vegetation requirement be tied to the proposed development, rather than simply serve as a way to restore the shoreline. 3) He had previously asked that this hearing be delayed. Since that did not happen, he asked that they leave the public comment period open so these issues are fresh in mind when they take up this issue again in several months. Lara Fowler, Gordon Thomas Honeywell Law Offices, representing Baker Commodities, provided written documentation for the record (Exhibit 13). She wants to reaffirm the comments they previously submitted. After the Planning Commission made their recommendations, she and her client reviewed those changes and how they addressed her client's concerns. Baker Commodities had a long- standing lawsuit against the City over the desire to add additional tanks to better utilize their property during the mid 90's. The changes made in response to that lawsuit were eventually codified in the Tukwila Municipal Code. She has provided a copy of those changes to the Council. One of their concerns has already been addressed by Planning Commission staff, but her client is still concerned how those changes would actually play out in terms of property redevelopment. Secondly, her client's property is negatively impacted by the increased buffer size because of its shape. Thirdly, she echoed other comments that re- vegetation requirements should match the scale of redevelopment. Dixie Archer, 13013 56 Avenue South, participated in a citizen committee group formed in 1999. That group identified several concerns which have still not been addressed or resolved. She proposed forming another citizen committee to bring those concerns forward to the Planning Commission and the Council, on behalf of both residents and businesses. The existing SMP language does not seem to reflect what they agreed to when the committee was active. In addition, many residents were not even aware of the issues before the Council because there was little advance notification of the meetings. There being no further public comments, Mayor Pro Tempore Hernandez explained that many citizens expressed concern about the timing of this hearing due to the delay between the hearing and the actual consideration of the proposed SMP changes. She explained they could not change this hearing date since notifications had already gone out to the public. She indicated that all the comments made so far will be entered into the public record, and those comments would be reviewed when they next discuss this issue. Tukwila City Council Regular Meeting Minutes April 20, 2009 Page 9 of 13 MOVED BY GRIFFIN, SECONDED BY QUINN TO CONTINUE THE PUBLIC HEARING ON THE SHORELINE MASTER PROGRAM UPDATE AND ENVIRONMENTAL REVIEW TO JULY 13, 2009, TO INCLUDE BOTH WRITTEN AND PUBLIC TESTIMONY. MOTION CARRIED 7 -0. The public hearing on the Shoreline Master Program Update and Environmental Review will be continued to the July 13, 2009 Committee of the Whole meeting. UNFINISHED BUSINESS a. Authorize the Mayor to sign a contract with Perteet, Inc. for the Tukwila Bicycle Routes and Sidewalk Segments Design Report in the amount of $60,357.00. MOVED BY QUINN, SECONDED BY GRIFFIN TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH PERTEET, INC. FOR THE TUKWILA BICYCLE ROUTES AND SIDEWALK SEGMENTS DESIGN REPORT IN THE AMOUNT OF $60,357.00. MOTION CARRIED 7 -0. b. Authorize the Mayor to sign a storm drain easement for property at South 112 and Tukwila International Boulevard and authorize payment of $35,500.00 to Carrossino Holdings. MOVED BY HOUGARDY, SECONDED BY LINDER TO AUTHORIZE THE MAYOR TO SIGN A STORM DRAIN EASEMENT FOR PROPERTY AT SOUTH 112 AND TUKWILA INTERNATIONAL BOULEVARD AND AUTHORIZE THE PAYMENT OF $35,500.00 TO CARROSSINO HOLDINGS. MOTION CARRIED 7 -0. c. Authorize the Mayor to sign a contract with Community Schools Collaboration of Tukwila for social services in the amount of $260,000.00. MOVED BY GRIFFIN, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH COMMUNITY SCHOOLS COLLABORATION OF TUKWILA FOR SOCIAL SERVICES IN THE AMOUNT OF $260,000.00. MOTION CARRIED 7 -0. d. Discussion on deliberation process for Tukwila South project. Lisa Verner, Project Manager, referenced the Informational Memorandum in the Council packet with 9 options for consideration. The options are intended to facilitate the deliberation process for the Tukwila South Development Agreement and development regulations. Councilmember Linder suggested the use of 2 white boards (easels) at each of the Council work sessions. One of the white boards would be used to identify questions raised by individual Councilmembers; the other white board would be used for questions raised by 4 or more Councilmembers. In those instances where 4 or more Councilmembers require added clarity on an issue, staff would bring back additional information to the whole group. In instances where a minority of Councilmembers have specific questions, those can be addressed with staff outside the work sessions. The Councilmembers exchanged ideas and comments to include: the need for all Councilmember questions to be addressed; an understanding that Councilmembers may seek additional information directly from staff; the acknowledgement that some topics may carry over into multiple meetings as needed; an awareness of the associated timelines and maintaining reasonable durations for the meetings; and attentiveness to the wording in the project documents. MOVED BY HOUGARDY, SECONDED BY LINDER TO UTILIZE A DELIBERATION PROCESS FOR TUKWILA SOUTH DOCUMENTS BY DISCUSSING THE TOPICS PROVIDED TO THE COUNCIL USING THE 2 -EASEL METHOD (as previously discussed) AND A 2 -HOUR MEETING DURATION, UNLESS AN EXTENSION IS APPROVED BY THE FULL COUNCIL. MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes April 20, 2009 Page 10 of 13 e. Authorize the Mayor to sign a contract with Steve Habecker and Matthew Vannini for operation of a restaurant and other concessions services at Foster Golf Course. MOVED BY GRIFFIN, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH STEVE HABECKER AND MATTHEW VANNINI FOR OPERATION OF A RESTAURANT AND OTHER CONCESSIONS SERVICES AT FOSTER GOLF COURSE.* Bruce Fletcher, Parks and Recreation Director, introduced Steve Habecker to the City Council. Mr. Habecker and his partner, Matthew Vannini, have nearly 30 years of golf and country club experience, and they are excited about this opportunity. They will be remodeling the facility to give it a new perspective, and they have chosen the name Billy Baroo's for the golf course restaurant. Mr. Fletcher indicated the LLC for the company has been formed with the name "Habinnini LLC." *MOTION CARRIED 7 -0. f. Animal Control Contracts. 1. Authorize the Mayor to sign an Interlocal Agreement with King County for animal control services in the amount of $60,000.00 a year. MOVED BY LINDER, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH KING COUNTY FOR ANIMAL CONTROL SERVICES IN THE AMOUNT OF $60,000.00 A YEAR.* Councilmember Linder explained this item came out of the Finance and Safety Committee and was forwarded to the Committee of the Whole. The Committee did not provide a recommendation, primarily due to current economic conditions. Ms. Linder spoke against the motion, due to the need for more financial information that will be available at the May budget workshop. While she is in favor of this enhanced service, it is necessary to weigh all budget conditions, issues, and priorities with up -to -date financial data. Councilmember Hougardy asked for clarification regarding this being for basic animal control services or enhanced animal control services. Councilmember Linder explained this is for enhanced services. The second contract regarding this issue is to share enhanced animal control services with SeaTac. This would be in the form of an additional officer who would be on duty during certain days of the week for each city. The issue before the Council now is only for those enhanced services, not the basic service. Councilmember Griffin agreed with Councilmember Linder that they should wait until after the budget review in May. This is for enhanced services, and it is important to weigh all priorities. The basis for holding off on this is due to the potential budget implications, and does not mean the enhanced services are not desired. Councilmember Robertson relayed he is in favor of the motion, as current services often result in unanswered calls. Additionally, this is a month -by -month contract. If this is approved now, and in May it is determined to be a priority, the contract can be continued. If it is determined the City cannot afford the enhanced services, the contract could be discontinued. Rhonda Berry, City Administrator, provided an overview of the differences between basic services and enhanced services. Councilmember Quinn indicated the highest priority calls, which involve menacing dog issues, are already prioritized for fast response, even with basic service. Additionally, the City will still have the opportunity to begin this service once the May budgetary review has taken place. It is not necessary to decide prior to that review occurring. Councilmember Duffie indicated he is in favor of the motion. Tukwila City Council Regular Meeting Minutes April 20, 2009 Page 11 of 13 *ROLL CALL VOTE: DUFFIE YES LINDER NO HERNANDEZ ABSTAINED ROBERTSON YES GRIFFIN NO HOUGARDY NO QUINN NO MOTION FAILED 4 -2 WITH HERNANDEZ ABSTAINING. Mayor Pro Tempore Hernandez explained that as the presiding officer, she chose to abstain. 2. Authorize the Mayor to sign an Interlocal Agreement with the City of SeaTac and King County for enhanced animal control services. Due to the decision on Item F1 above, this item was not discussed by the Council. g. Authorize the Mayor to sign the Authorization for Transfer of Funds from the General Fund to the Ending Fund Balance in the amount of $464,964.00, to facilitate a lesser contribution toward the Equipment Rental Fund for 2009. MOVED BY LINDER, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN THE AUTHORIZATION FOR TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE ENDING FUND BALANCE IN THE AMOUNT OF $464,964.00, TO FACILITATE A LESSER CONTRIBUTION TOWARD THE EQUIPMENT RENTAL FUND FOR 2009. MOTION CARRIED 7 -0. NEW BUSINESS a. Authorize support of the Tukwila Municipal Court's participation in the Statewide Amnesty Program to provide opportunities for driver re- licensing. MOVED BY LINDER, SECONDED BY DUFFIE TO AUTHORIZE SUPPORT OF THE TUKWILA MUNICIPAL COURT'S PARTICIPATION IN THE STATEWIDE AMNESTY PROGRAM TO PROVIDE OPPORTUNITIES FOR DRIVER RE- LICENSING.* Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting on April 7, 2009. The committee members were unanimous in recommending approval. The District and Municipal Courts in the State of Washington, with the support of Supreme Court Justice Gary Alexander, will participate in a statewide amnesty program. The amnesty period is May 1 May 31, 2009. *MOTION CARRIED 7 -0. b. Authorize the purchase of a project accounting module for the Finance Department from Tyler Technologies /Eden Division in the amount of $33,763.00. MOVED BY LINDER, SECONDED BY DUFFIE TO AUTHORIZE THE PURCHASE OF A PROJECT ACCOUNTING MODULE FOR THE FINANCE DEPARTMENT FROM TYLER TECHNOLOGIES /EDEN DIVISION IN THE AMOUNT OF $33,763.00.* Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting on April 7, 2009. The committee members were unanimous in recommending approval. The Project Accounting module from EDEN will allow staff to maintain revenue and information within one system to help ensure timely and accurate accounting, billing to outside agencies if applicable, and cash receipting. *MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes April 20, 2009 Page 12 of 13 c. Authorize the Mayor to sign the Authorization for Transfer of Funds from the Ending Fund Balance to the Public Works Emergency Management budget in the amount of $50,000.00, for expenses related to public outreach for the Howard Hanson Dam project. MOVED BY LINDER, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN THE AUTHORIZATION FOR TRANSFER OF FUNDS FROM THE ENDING FUND BALANCE TO THE PUBLIC WORKS EMERGENCY MANAGEMENT BUDGET IN THE AMOUNT OF $50,000.00, FOR EXPENSES RELATED TO PUBLIC OUTREACH FOR THE HOWARD HANSON DAM PROJECT.* Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting on April 7, 2009. The committee members were unanimous in recommending approval. This budget amendment will provide funding from the General Fund fund balance for expenses related to the Howard Hanson Dam outreach, promotional material and other expenses. *MOTION CARRIED 7 -0. REPORTS a. Mayor The Mayor was not in attendance. b. City Council Councilmember Griffin reported on the April 18, 2009 Citizenship Day event. The event was sponsored by the American Immigration Lawyers Association and One America. The event drew over 100 people, whose naturalization papers were processed during the event. There were a lot of people from Tukwila, including several individuals she knew personally who had come to this country as refugees, and who have gone through the whole process. She thanked the Equity and Diversity Commission, which helped sponsor the event. These events occur all over the State of Washington, and the local event had the highest turnout of all the sites. Mayor Pro Tempore Hernandez reported that she attended Senator Murray's Golden Tennis Shoe Awards lunch on April 14,' 2009, the Historical Society meeting on April 16, 2009, and the Helping Kids Day at the YMCA on April 18, 2009. c. Staff Rhonda Berry, City Administrator, referenced comments from the public hearing earlier this evening about public outreach regarding the Howard Hanson Dam issues. The City sent nearly 3,500 letters and distributed over 500 letters door -to -door as well. There is also a great deal of information on the City's website. With regard to the City's TV Channel 21, Comcast did have a problem with the digital conversion that they have rectified. Ms. Berry also reported that Officer Steve Donnelly of the Police Department has been on deployment for about three years. That deployment has been extended for another year, and the position will remain vacant during that period. d. City Attorney There was no report. e. Intergovernmental Kimberly Matej, Council Analyst, indicated the first Tukwila South Work Session will be held this Wednesday, April 22, 2009 at 5:00 p.m. in the Council Chambers. Ms. Matej inquired as to a decision regarding a date for the Joint School Board meeting. Tukwila City Council Regular Meeting Minutes April 20, 2009 Page 13 of 13 Mayor Pro Tempore Hernandez explained while a meeting in July /August would work for the City, that period of time is not convenient for the School District. It was decided that due to the high volume of business coming before the Council in the next few months, October would be a better month for the Joint School Board Meeting. Ms. Matej was asked to contact the School District with this information. MISCELLANEOUS Councilmember Duffie spoke highly of the Mock Court session conducted by the staff of the Tukwila Municipal Court. Councilmember Robertson indicated he has requested additional information regarding Tukwila South in 5 different categories, primarily relating to financial data and the list of properties that will be swapped. ADJOURNMENT 10:19 p.m. MOVED BY GRIFFIN, SECONDED BY ROBERTSON THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. L an Hernandez, Mayor Pro Tempore Minutes prared by Lady of Letters, Inc. Reviewed by Christy O'Flaherty, City Clerk APPROVED BY THE CITY COUNCIL 5/18/09