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HomeMy WebLinkAbout2009-06-01 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES CALL TO ORDER /PLEDGE OF ALLEGIANCE /ROLL CALL ROLL CALL CITY OFFICIALS CITIZEN COMMENTS Regular Meeting June 1, 2009 7:00 P.M. Mayor Haggerton called the Tukwila City Council meeting to order at 7:04 p.m. and led the audience in the Pledge of Allegiance. 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. Rhonda Berry, City Administrator; Steve Victor, Assistant City Attorney; Shawn Hunstock, Finance Director; Jack Pace, Community Development Director; Nora Gierloff, Community Development Deputy Director; Brandon Miles, Senior Planner; Jim Morrow, Public Works Director; David Haynes, Police Chief; Nick Olivas, Fire Chief; Bruce Fletcher, Parks and Recreation Director; Lisa Verner, Project Manager; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. Rocco Morgan, 14717 59 Avenue South, referenced escalating crime in his neighborhood. This past February, a SWAT team took action at a home that had a marijuana growing operation. That home now shows signs of neglect, including very tall grass and can be a further magnet for crime. He indicated that his neighbors have had vehicles vandalized, and his wife recently witnessed shoplifting at a local convenience store. He would like the Council to look into this situation. Rhonda Berry, City Administrator, relayed that the Code Enforcement staff will be alerted about the condition of the property. She explained there are legal limitations regarding the City entering private property. The Councilmembers thanked Mr. Morgan for speaking to this issue and encouraged involvement in the City's Block Watch program and ongoing communication with neighbors to raise awareness of potential issues. Anna Bernhard, 14241 59 Avenue South, commented that recently one of her neighbors had their door kicked in and about $500 worth of property was stolen. She is also concerned about this issue. Michelle Ledine, 14710 59 Avenue South, is Mr. Morgan's neighbor and echoed his concerns regarding recent crime in their neighborhood. Mylene Patton, 5810 South 147 Street, has also experienced vehicle vandalism, with over $2,000 worth of equipment stolen. CONSENT AGENDA Approval of Vouchers #346839- #347087 and #200906011 in the amount of $769,900.04. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes June 1, 2009 Page 2 of 12 BID AWARD Award a contract to Lakeside Industries for the 2009 -2010 Overlay Program in the amount of $1,560,638.50. MOVED BY QUINN, SECONDED BY LINDER TO AWARD A CONTRACT TO LAKESIDE INDUSTRIES FOR THE 2009 -2010 OVERLAY PROGRAM IN THE AMOUNT OF $1,560,638.50. MOTION CARRIED 7 -0. PUBLIC HEARING a. An ordinance vacating portions of the existing Frager Road right -of -way from approximately existing City limits to South 200 Street for the Tukwila South Project. Mayor Haggerton explained that the three public hearings this evening involve the Tukwila South Project. 7:22 p.m. Mayor Haggerton opened the public hearing and asked for a staff report. Lisa Verner, Project Manager, updated the Council on the Frager Road street vacation, as related to the Tukwila South Project. The portion of Frager Road to be vacated extends from City limits, south to South 200 Street, encompassing approximately 140,000 square feet, or 3.23 acres. The estimated appraised value is $1.95 million. A new, relocated section of Southcenter Parkway will be built along the west edge of the valley, which means this particular portion of Frager Road will no longer be needed. Section 4.11 of the City's Development Agreement calls for the City to vacate that section of Frager Road right -of -way, after it is annexed into the City. In exchange, the City will receive 13.38 acres of right -of -way for the relocated Southcenter Parkway. The Council meeting packet includes an ordinance for this vacation. The Mayor's Office has recommended approval of the ordinance. Three conditions must be met before the ordinance can finalize: 1) Dedication of the relocated Southcenter Parkway right of way 2) Construction of the relocated Southcenter Parkway 3) Placing the deed for the nearby Fire Station land in escrow Mayor Haggerton called for public comments. No public comments were received. 7:25 p.m. Mayor Haggerton closed the public hearing. b. An ordinance vacating portions of the existing Southcenter Parkway right -of -way from approximately South 180 Street to existing City limits for the Tukwila South Project. 7:25 p.m. Mayor Haggerton opened the public hearing and asked for a staff report. Lisa Verner, Project Manager, described the sections of Southcenter Parkway involved in the street vacation. Approximately 198,000 square feet, or 4.5 acres is to be vacated back to La Pianta, and 17,190 square feet, or .4 acres, would be vacated back to other adjacent property owners. The estimated appraised value is $1.85 million. As part of the Tukwila South project, a new, relocated Southcenter Parkway will be built along the west side of the valley. Section 4.11 of the Development Agreement calls for the City to vacate these sections. The City will receive 13.38 acres of right -of -way for the relocated Southcenter Parkway. The Mayor's Office has recommended approval of the ordinance. Just as with the previous street vacation, there are two conditions which must first be met: 1) Dedication of the relocated Southcenter Parkway right -of -way 2) Construction of the relocated Southcenter Parkway Tukwila City Council Regular Meeting Minutes June 1, 2009 Page 3 of 12 Mayor Haggerton called for public comments. Christy O'Flaherty, City Clerk, read an email received on June 1, 2009 from Mark Elliott, with Gaco Western at 18700 Southcenter Parkway. He indicated they would like to maintain their arterial frontage or be compensated for the loss of it. They expressed the following concerns regarding the proposed street vacation. "1. Our road frontage will change from a major arterial to a frontage road. a) This could negatively impact the value of our property b) Visibility is negatively impacted c) The change will make ingress and egress from our property more difficult, especially for larger trucks. 2. Enjoyment of our property will be reduced with 4 lanes of traffic speeding by at higher rates of speed." 7:31 p.m. Mayor Haggerton closed the public hearing. c. A resolution declaring the real property located at Frager Road and South 200 Street to be surplus; and authorizing its exchange. 7:32 p.m. Mayor Haggerton opened the public hearing and asked for a staff report. Lisa Verner, Project Manager, reported the subject property is currently owned by King County and used as a storm detention pond for South 200 Street. The property will not continue to serve in that capacity because the storm drainage from South 200 will be rerouted and placed into the South Pond, as proposed in the Tukwila South Project. Section 4.12 of the Development Agreement calls for the City to declare this property as surplus and allow the Mayor to exchange the property with La Pianta. The Mayor's Office has recommended approval of the resolution. Two conditions must be met prior to activating the resolution: 1) Annexation into the City 2) Replacement of the storm drainage for South 200 Street Mayor Haggerton called for public comments. There were no public comments. 7:34 p.m. Mayor Haggerton closed the public hearing. UNFINISHED BUSINESS a. An ordinance granting a non exclusive franchise to tw telecom of washington, IIc for the purpose of constructing, operating, and maintaining a telecommunications system in the City. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO tw telecom of washington IIc, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; REPEALING ORDINANCE NO. 2227; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HOUGARDY, 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. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2231. Tukwila City Council Regular Meeting Minutes June 1, 2009 Page 4 of 12 b. An ordinance vacating certain property dedicated for street purposes, generally described as 35 Avenue South, running southwesterly from Southcenter Boulevard (South 154 Street) for approximately 354 feet. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS 35TH AVENUE SOUTH, RUNNING SOUTHWESTERLY FROM SOUTHCENTER BOULEVARD (SOUTH 154TH STREET) FOR APPROXIMATELY 354 FEET, INCLUDING THE PARTIAL CUL -DE -SAC BULB; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY GRIFFIN 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. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2232. c. Authorize the Mayor to sign an agreement with Anchor -QEA, LLC for construction management services for the 2009 -2010 Overlay and Repair project in the amount of $216,085.00. MOVED BY QUINN, SECONDED BY GRIFFIN TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH ANCHOR -QEA, LLC FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE 2009 -2010 OVERLAY AND REPAIR PROJECT IN THE AMOUNT OF $216,085.00. MOTION CARRIED 7 -0. d. Tukwila South Project: 1. An ordinance authorizing the Mayor to enter into a Development Agreement with La Pianta, LLC for the project known as Tukwila South. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING BY REFERENCE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC FOR THE TUKWILA SOUTH DEVELOPMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HERNANDEZ, 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. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Lisa Verner, Project Manager, brought the following issues to the Council's attention: 1) They need to adopt the Development Agreement on the same night as the other nine ordinances and resolutions. They are linked and refer to each other. The Council can either adopt them all at the current meeting, or at a Special Meeting on Monday, June 8, 2009. The packet contains an informational memorandum on this topic. Steve Victor is present from the City Attorney's Office to answer any questions on this issue. Tukwila City Council Regular Meeting Minutes June 1, 2009 Page 5 of 12 2) The zoning code ordinance in the packet had some errors. A revised ordinance has already been distributed. The issues are: a. Page 12: a reference change b. Page 13: section was alphabetized c. Page 16: new language was unintentionally entered and the revision will simply remove that text and revert back to the text from their May 26 version d. Page 18/19: a few asterisks were added next to the word setback on page 231 of their notebook, which referenced Fire Department access e. Page 27: the language was modified to make it broader in scope f. Page 30: new expiration language was inserted as previously discussed for Sections 23, 24 and 25 Councilmember Linder asked Ms. Verner to explain the land value the City is trading and receiving, to ensure the City has a net gain from the property exchanges. Ms. Verner explained the and swap estimated appraised values are: 1) $30,000 for the surplus storm water pond 2) $1.85 million for the Southcenter Parkway vacation 3) $1.95 million for the Frager Road vacation The total is approximately $3.83 million and 8.9 acres. In comparison, La Pianta will convey about 13.38 acres to the City with a value of $6.2 million, so the City will definitely receive more value. Councilmember Linder asked whether the question asked at a previous meeting about the trail width had been answered. Ms. Verner indicated it is a policy decision, and offered the following information: 1) There is not a trail width standard for grants, so the trail can be any width and still qualify for grants. 2) The Council discussed different widths on different sections of the trail and how best to meet all the varying policy, negotiations and regulatory conditions. Councilmember Linder requested additional explanation as to the basis for the deviation from current City policy. Ms. Verner replied the engineering on this issue has not yet been accomplished. Ms. Linder replied that she would encourage the use of the policy standard of 18 feet with exceptions on a case -by -case basis. MOVED BY LINDER, SECONDED BY ROBERTSON TO CHANGE THE TRAIL WIDTH IN THE DEVELOPMENT AGREEMENT FROM 14 FEET TO 18 FEET, IN CONJUNCTION WITH CURRENT CITY POLICY. Councilmember Robertson said there are two distinct sections of trail, one of which goes along the top of the existing levee. That levee is only 14 feet wide. Making the trail 18 feet wide would require altering the levee itself. However, future levee construction could allow for that wider width. Councilmember Hougardy indicated she had made a proposal that they keep the trail at 14 feet over that levee; then widen it to 18 feet elsewhere. Jack McCullough, representing La Pianta LLC, explained that at one point La Pianta had planned to fill in the area behind the levee, up to the top of the levee, as part of their property development. If that had occurred, then having an 18 foot wide trail would have been a very simple addition. Since the design work, the City has stated some preference for increased development setbacks from the levee as part of the Shoreline Master Program discussions. As a result, there would be no reason to backfill that area, and the trail width would again be limited to the levee crown width. Given that the City has not finalized that setback distance, La Pianta did not want to commit to a trail width wider than the levee crown because that could have resulted in very expensive modifications to the levee. Tukwila City Council Regular Meeting Minutes June 1, 2009 Page 6 of 12 La Pianta then suggested the Development Agreement reflect a 14 foot width, and the City would revisit the policy issue as part of the Shoreline Master Program, and La Pianta would be required to accommodate the results of that process. La Pianta, therefore, agreed to donate the 14 feet, with the knowledge that the Shoreline Master Plan may require a wider width later. The new language was crafted to help ensure the current 14 -foot width was due to these circumstances and did not become the precedent for 14 -foot wide trails in the future. Councilmember Linder asked him to explain a scenario where the new Shoreline Master Plan would widen this section of trail. She also asked him to clarify whether La Pianta would donate the extra width if the Shoreline Master Plan called for that extra width. Mr. McCullough replied that La Pianta will need to get shoreline permits for construction of future levees. Per the Development Agreement, those permits would be governed by the Shoreline Master Plan. If those regulations require a wider width, then La Pianta will have to meet those criteria. Councilmember Griffin referenced Section 4.5.1. She suggested language that says the width of the easement shall be at a minimum 14 feet. *MOTION TO CHANGE TRAIL WIDTH WITHDRAWN BY LINDER, SECOND WITHDRAWN BY ROBERTSON. Councilmember Quinn asked for the City Attorney's opinion on Councilmember Griffin's proposal. Steve Victor, Assistant City Attorney, replied he did not have any objections to Councilmember Griffin's proposal. It is consistent with La Pianta's position. MOVED BY GRIFFIN, SECONDED BY ROBERTSON TO ADD THE WORDS "AT A MINIMUM" TO PAGE 12, SECTION 4.5.1 OF THE DEVELOPMENT AGREEMENT TO READ: THE WIDTH OF THE EASEMENT SHALL BE AT A MINIMUM 14 FEET OR SUCH GREATER WIDTH AS MAY BE REQUIRED UNDER THE CITY'S SHORELINE MASTER PROGRAM. MOTION CARRIED 7 -0. Councilmember Robertson spoke against the main motion, as he does not think this contract is ready to be signed at the current meeting. The changes were only supposed to be minor changes and /or in case the annexation or other events did not occur. By contrast, the redline changes go significantly beyond minor updates and are content related. For instance, in section 3.3a, the word conditional was deleted and the words special permission were added. The workbook does not deal with special conditions. That text was added during the Committee of the Whole meeting, but there is no indication either in a memo, a document, or editing marks that it is a whole new section. Councilmember Robertson believes the Development Agreement was well negotiated and would add value to the City. There are still a few issues to work through. He believes several of the issues will require staff research. He suggested that instead of trying to adopt it at the current meeting, they leave this on the table for discussion purposes and take it off the table for passage. Councilmember Griffin agreed there are several new and /or different sections that should be discussed before passage. Councilmember Quinn preferred they work through the changes one at a time. He felt some verbiage changes did not reflect the discussions and agreement he thought they had reached during previous meetings. Lisa Verner, Project Manager, indicated she would go through each change for any discussion needed by the Council. On page 3 of the Development Agreement under section 2.2, they changed the number of acres. Under section 3.3 they changed conditional uses to special permission for both a) movie theaters and c) warehouses, which went before the Council during the May 20, 2009 meeting. At that meeting there were no objections so staff included it in the May 26, 2009 packet. Ms. Verner explained the City Attorney Tukwila City Council Regular Meeting Minutes June 1, 2009 Page 7 of 12 determined they should not use the term "conditional uses" and define criteria for them within the Development Agreement. Rather, that is a Zoning Code issue. Councilmember Robertson pointed out that has taken the decision from the Planning Commission and City Council to the Hearing Examiner, which constitutes a policy change. Nora Gierloff, Community Development Deputy Director, indicated this issue came up during the May 19, 2009 meeting. Staff's concern was on implementation. They wanted everything relevant in the Zoning Code to ensure that residents and staff would not also have to be familiar with background documents, which was the basis for the text changes in both the Development Guide and the Zoning Code. They wanted an approval process that would list those special criteria in one place. Staff was trying to streamline that process, hence the change to having the Hearing Examiner as decision maker. There was not much discussion on these points at that Council work session. Councilmember Robertson said one of the limitations to building another mall is the inclusion of a large multi- screen theater. That issue was not covered by doing an economic analysis on whether a multi screen theater would impact other theaters. Ms. Gierloff confirmed that regional malls are prohibited in the Development Agreement. Councilmember Quinn requested clarification on the two procedures. Mr. Victor replied that procedurally the process is similar. The difference is in the appeal process. For special permission uses, the appeal process goes directly to Superior Court. Rhonda Berry, City Administrator, added the City has also been instructed by the Washington Cities Insurance Authority (WCIA) to use the Hearing Examiner whenever possible. Councilmember Robertson said they are talking about two issues: 1) Whether to go with the special permission rather than conditional use 2) Decide if they are happy with how special permissions and conditional uses are defined He is currently more concerned with the latter issue. Councilmember Robertson referenced the existing code, and asked whether it was possible to interpret it such that it conflicts with building a super -mall. A 500,000 square foot limitation is a large mall, and there is nothing that says a developer could not simply build two 499,000 square foot malls. The only limiting factor seems to be that a developer could not put a movie theater in both of them. They are ultimately trying to avoid competition between two malls. Derek Speck, Economic Development Administrator, explained that he originally advocated this type of clause in the agreement because he believes a multi- screen theater is integral to a large shopping mall's success. He does not believe Tukwila has sufficient market to support two such facilities. They sought to limit that in two ways: 1) Limit the number of movie theater screens 2) Limit the size of retail malls He believes both of those limits are represented sufficiently in the existing language. It might seem vague, but that economic analysis would give them the details necessary to adequately evaluate any future mall or theater project. Mayor Haggerton agreed with Mr. Speck's analysis. During early negotiations it became clear they wanted a big mall and theater, and that was not the City's intent, and it was limited to three screens. Councilmember Robertson questioned the Conditional Letter of Map Revision (CLOMR) in section 3.5. The purpose was to determine whether a project can move forward prior to any serious development work being done. In this context, it has been proposed that such a letter be submitted after something is built. The Federal Emergency Management Act (FEMA) website states that a building permit cannot be based on a CLOMR because the CLOMR does not change the national floodpiain map. Ms. Verner said this section does not issue the permit, but rather defines what is necessary to get the permit. This allows the City to work in a parallel process with the levee modifications. Once the Development Agreement is signed, they can work on the other elements. If they can get a CLOMR, it Tukwila City Council Regular Meeting Minutes June 1, 2009 Page 8 of 12 might make sense to do so at that time. A Letter of Map Revision (LOMR) must be issued before the FEMA map can be changed, which is the goal. Councilmember Robertson said he had been under the impression that municipalities do not want to put themselves in such a position. Other municipalities have issued moratoriums on development in floodplains to avoid this very scenario. 8:52 p.m Mayor Haggerton called a brief recess. 9:00 p.m. Mayor Haggerton reconvened the meeting. Steve Victor, Assistant City Attorney, replied there is a two -step process. The CLOMR is a tool that allows FEMA to have an early look at the plan. If they conditionally approve the plan, the applicant is very likely to get the final revision, namely the LOMR. The CLOMR is not a requirement, rather a suggestion. Mr. Victor indicated the clearing and grading permit in this instance involves much more grading than would normally be necessary. In order to make the language consistent, one way to do that would be to remove the reference to a CLOMR. That would not preclude the applicant from obtaining a CLOMR. It would simply reconcile the rest of the language, specifically the last sentence, which would be appropriate after the issuance of a LOMR. He indicated the reference to a CLOMR could be removed entirely. MOVED BY ROBERTSON, SECONDED BY QUINN TO REMOVE THE WORD "CLOMR" IN ALL AREAS OF PAGE 5 OF SECTION 3.5 OF THE DEVELOPMENT AGREEMENT. MOTION CARRIED 7 -0. Ms. Verner referenced section 4.3.2, which affects the dedication of Southcenter Parkway. The attorneys decided it is best to have a new easement for the new location and then finalize after the road is constructed. Councilmember Linder referenced the comments made at the public hearing from Gaco Western and asked for clarification. Mr. Victor indicated it appears the property owner wants compensation for diminution in value as a result of street changes. This is not normally a compensable charge for that type of change. This parcel cannot be landlocked per the Development Agreement. Jim Morrow, Public Works Director, conveyed the business does have adequate access based on the current design. Ms. Verner suggested adding the words "PSE or PSE'S DESIGNEE AND CONTRACTORS" in section 4.3.4.2. MOVED BY GRIFFIN, SECONDED BY LINDER TO ADD THE WORDS "...PSE OR PSE'S DESIGNEE AND CONTRACTORS..." TO THE TOP OF PAGE 9, SECTION 4.3.4.2 OF THE DEVELOPMENT AGREEMENT. MOTION CARRIED 7 -0. Councilmember Robertson proposed a change to section 4.4, the sanitary sewer system. There are two systems discussed in that section: 1) The initial sanitary sewer, paid for by the grant money 2) The additional sewer capacity as defined on page 12. The paragraph following that definition seems to confuse the initial sewer construction with the additional sewer construction, and he would like to see greater clarity. MOVED BY ROBERTSON, SECONDED BY LINDER TO ADD THE UNDERLINED LANGUAGE BELOW TO PAGE 12, SECTION 4.4 OF THE DEVELOPMENT AGREEMENT, WITH THE FIRST SENTENCE READING, IN PART "CONSTRUCTION OF THE INITIAL SOUTHCENTER PARKWAY SEWER LINES SERVING THE TUKWILA SOUTH PROPERTY..." AND THE LAST SENTENCE READING, IN PART "....OR A PARCEL BUILDER FOR THE INITIAL SOUTHCENTER PARKWAY SEWER LINE SHALL BE...." MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes June 1, 2009 Page 9 of 12 Councilmember Robertson asked Ms. Verner when the City would issue the bond (for Southcenter Parkway construction). Ms. Verner replied the City would use grant money first and then utilize City money. The bond issuance depends on when the grant money has been fully utilized. The approximate timeline is expected to be the summer of 2012. She indicated they did not anticipate spending money until after confirmation that the agreement would not terminate. Councilmember Robertson questioned the language in section 4.9. He said the wording in that section seems unclear in the last sentence. Specifically, the text says the permit would be issued after the expiration of the Department of Ecology's review. Ms. Verner said the expiration date comes after the review period, which includes any appeals or discussions, which is standard. Mr. Victor explained it is typical that if the Department of Ecology did not respond during the review period, the permit would be issued. Councilmember Robertson asked what would happen if they did respond. Ms. Verner replied they would issue an appeal, which would go before the Shoreline Hearings Board, who in turn would resolve the issue. Mr. Victor added that during that process, all other processes for that permit are stopped until that appeal is complete. There would not be a basis for La Pianta to insist on issuance of a permit if the matter is under the jurisdiction of the Shoreline Hearings Board. Ms. Verner explained the language in sections 4.11 and 4.12 was modified to reflect the two land vacations and one surplus property. Section 5.1 simply corrected the language to make it symmetrical. Section 5.2 updated the reference to the most recent Comprehensive Plan. Sections 5.2.3 and 5.2.4 are grammatical changes. Councilmember Quinn asked why the word applicable was added. Ms. Verner replied the new language narrowed down the need to respond only to those applicable situations. In section 5.3.2 net new trips was a defined term that staff wanted to continue to use. Councilmember Robertson pointed out that the term pm peak hours had been removed. Ms. Verner explained the term was synonymous with net new trips and defined in the agreement. Section 5.5.4 relates to the Master Storm Water Infrastructure Plan. The changes refer to the defined terms and the criteria for approval. Councilmember Robertson pointed out the last sentence is a problem because Section 4.9 specified that action would be taken within 30 days, without any reference to meeting any criteria. They have no way of ensuring the eight core requirements and five special requirements are actually included. Ms. Verner said this text indicates the Master Storm Water Infrastructure Plan is something the applicant needs to do. It identifies the criteria they need to satisfy, as defined in Section 1.1.2.4 of the King County Surface Water Design Manual. Councilmember Robertson pointed out that if they do not require that plan being complete prior to issuance of the clearing and grading permit, the City would have no way of knowing whether those criteria were met. The existing text indicates the permit would be issued no matter what. Ms. Verner replied that was the agreement they reached after negotiations with La Pianta, but it stipulated the City would issue a decision within that time frame based on all the design criteria, not merely give a permit within that time frame. Councilmember Robertson pointed out that section 4.9 indicates the clearing and grading permit would be issued within 30 days, and that approval of the Master Storm Water Infrastructure Plan would not be required prior to issuance of that permit. That was not in the original contract. That seems to put the City in a weak position. Ms. Verner replied that La Pianta had already submitted their preliminary master drainage plan when they first wanted to discuss site utilities. So the City already has a good idea of what they have in mind. She said the City has adequate leverage to deny the infrastructure permit, if they do not submit acceptable designs. Councilmember Robertson expressed the proposed text gives the City very little leverage in that scenario. Mr. Victor explained the intent was not to create a conflict for the City where they had already negotiated a 30 -day turnaround on the clearing and grading permit. This provision requires the applicant, along with the permit application, to submit the Master Storm Water Infrastructure Plan. It must substantially address all those elements, or they do not get the permit. The only distinction is the final Master Storm Water Infrastructure Plan does not need to be finally approved prior to the clearing and grading permits. Tukwila City Council Regular Meeting Minutes June 1, 2009 Page 10 of 12 MOVED BY ROBERTSON, SECONDED BY LINDER TO AMEND THE MAIN MOTION TO DELAY ADOPTION OF THE ORDINANCE THIS EVENING AND CONTINUE DISCUSSION ON THIS ISSUE TO THE JUNE 8, 2009 SPECIAL MEETING. Councilmember Quinn asked whether they could still meet their timelines and deadlines, if all the amendments are moved to the June 8, 2009 meeting. Ms. Verner said yes, if a decision can be made on June 8. *MOTION CARRIED 7 -0 TO AMEND THE MAIN MOTION. *MAIN MOTION APPROVED, AS AMENDED, TO DELAY ADOPTION OF THE ORDINANCE THIS EVENING AND CONTINUE DISCUSSION ON THIS ISSUE TO THE JUNE 8, 2009 SPECIAL MEETING. MOTION CARRIED 7 -0. 2. An ordinance of the City Council of the City of Tukwila, Washington, adopting the Tukwila South Master Plan. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING BY REFERENCE THE TUKWILA SOUTH MASTER PLAN; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ 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. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE FORWARDED TO THE JUNE 8, 2009 SPECIAL MEETING. MOTION CARRIED 7 -0. 3. An ordinance amending the City's zoning code, Tukwila Municipal Code Title 18; adopting a new Tukwila Municipal Code Chapter 18.41 relating to a new Tukwila South Overlay district; adopting the Tukwila South Design manual. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO REFLECT THE ADDITION OF A NEW "TUKWILA SOUTH OVERLAY" DISTRICT; ADOPTING THE TUKWILA SOUTH DESIGN MANUAL; REPEALING ORDINANCE NO. 1758 §1 (PART); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HOUGARDY, SECONDED BY GRIFFIN 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. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE FORWARDED TO THE JUNE 8, 2009 SPECIAL MEETING. MOTION CARRIED 7 -0. 4. An ordinance amending Tukwila Municipal Code Chapter 17.16 relating to detailed procedures for binding site improvement plans. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1833, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 17.16, RELATING TO PROCEDURES FOR BINDING SITE IMPROVEMENT PLANS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY GRIFFIN THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes June 1, 2009 Page 11 of 12 Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED ORDINANCE BE FORWARDED TO THE JUNE 8, 2009 SPECIAL MEETING. MOTION CARRIED 7 -0. 5. An ordinance amending Tukwila's Shoreline Master Plan map to pre- designate the shoreline area located within the Tukwila South Potential Annexation area as "urban environment" and for such designation to be effective upon annexation. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA'S SHORELINE MASTER PLAN MAP TO PRE DESIGNATE THE SHORELINE AREA LOCATED WITHIN THE TUKWILA SOUTH POTENTIAL ANNEXATION AREA AS "URBAN ENVIRONMENT" AND FOR SUCH DESIGNATION TO BE EFFECTIVE UPON ANNEXATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY GRIFFIN 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. MOVED BY GRIFFIN, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE FORWARDED TO THE JUNE 8, 2009 SPECIAL MEETING. MOTION CARRIED 7 -0. 6. An ordinance designating the Tukwila South Project area a Sensitive Area Master Plan Overlay district. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DESIGNATING THE TUKWILA SOUTH PROJECT AREA AS A SENSITIVE AREA MASTER PLAN OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY ROBERTSON, SECONDED BY GRIFFIN 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. MOVED BY QUINN, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE FORWARDED TO THE JUNE 8, 2009 SPECIAL MEETING. MOTION CARRIED 7 -0. 7. An ordinance vacating portions of the existing Frager Road right -of -way from approximately existing City limits to South 200 Street for the Tukwila South Project. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING PORTIONS OF THE EXISTING FRAGER ROAD RIGHT -OF -WAY FROM APPROXIMATELY EXISTING CITY LIMITS, AS OF THE DATE OF ORDINANCE ADOPTION, TO SOUTH 200TH STREET, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY LINDER 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. MOVED BY LINDER, SECONDED BY GRIFFIN THAT THE PROPOSED ORDINANCE BE FORWARDED TO THE JUNE 8, 2009 SPECIAL MEETING. MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes June 1, 2009 Page 12 of 12 8. An ordinance vacating portions of the existing Southcenter Parkway right -of -way from approximately South 180 Street to existing City limits for the Tukwila South Project. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING PORTIONS OF THE EXISTING SOUTHCENTER PARKWAY RIGHT -OF -WAY FROM APPROXIMATELY SOUTH 180TH STREET TO EXISTING CITY LIMITS, AS OF THE DATE OF ORDINANCE ADOPTION, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY LINDER, 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. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE FORWARDED TO THE JUNE 8, 2009 SPECIAL MEETING. MOTION CARRIED 7 -0. 9. A resolution declaring the real property located at Frager Road and South 200` Street to be surplus; and authorizing its exchange. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING THE REAL PROPERTY LOCATED AT FRAGER ROAD AND SOUTH 200TH STREET TO BE SURPLUS; AND AUTHORIZING ITS EXCHANGE. MOVED BY HOUGARDY, SECONDED BY ROBERTSON THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. MOVED BY QUINN, SECONDED BY GRIFFIN THAT THE PROPOSED RESOLUTION BE FORWARDED TO THE JUNE 8, 2009 SPECIAL MEETING. MOTION CARRIED 7 -0. REPORTS MOVED BY ROBERTSON, SECONDED BY GRIFFIN TO DISPENSE WITH REPORTS. MOTION CARRIED 7 -0. ADJOURNMENT 10:03 p.m. MOVED BY DUFFIE, SECONDED BY GRIFFIN THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. /44. V et Minutes prepared by Lady of Letters, Ync. Reviewed by Christy O'Flaherty, City Clerk APPROVED BY THE CITY COUNCIL: 7/6/2009