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Home My WebLink About2010-02-16 Regular MinutesREGULAR MEETING CALL TO ORDER /PLEDGE OF ALLEGIANCE /ROLL CALL Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:02 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Dennis Robertson, Allan Ekberg, Verna Seal, Kathy Hougardy, and De'Sean Quinn. CITY OFFICIALS Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney; Shawn Hunstock, Finance Director; Bob Giberson, Public Works Director; Jack Pace, Community Development Director; Don Lincoln, Assistant Police Chief; Mary Miotke, Information Technology Director; Christy O'Flaherty, City Clerk. SPECIAL PRESENTATIONS Tukwila City Council City Hall Council Chambers Introduction of new Police Officer Daniel Goff. MINUTES Regular Meeting February 16, 2010— 7:00 P.M. Don Lincoln, Assistant Police Chief, introduced Daniel Goff to the City Council. Officer Goff is a lifelong resident of Washington and graduated from Western Washington University. He is currently attending the Police Academy and is expected to begin working with the Patrol Unit in November 2010. Mayor Haggerton administered the Oath of Office to Officer Goff, Badge #186. The Councilmembers welcomed Officer Goff to the City of Tukwila. PROCLAMATIONS /APPOINTMENTS a. Confirm the reappointment of Dennis Sivak to Position #1 on the Civil Service Commission, with a term expiring 12/31/2015. MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO CONFIRM THE REAPPOINTMENT OF DENNIS SIVAK TO POSITION #1 ON THE CIVIL SERVICE COMMISSION, WITH A TERM EXPIRING 12/31/2015. MOTION CARRIED 7 -0. Mayor Haggerton indicated that Mr. Sivak was unable to attend this evening, and his contribution to the Civil Service Commission and willingness to serve for another term is appreciated. b. Confirm the appointment of Thomas McLeod to Position #4 on the Planning Commission, with a term expiring 3/31/2011. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ TO CONFIRM THE APPOINTMENT OF THOMAS MCLEOD TO POSITION #4 ON THE PLANNING COMMISSION, WITH A TERM EXPIRING 3/31/2011. MOTION CARRIED 7 -0. Mr. McLeod conveyed that he looks forward to serving Tukwila and working with the Commission, and he introduced his parents and friends in the audience. Tukwila City Council Regular Meeting Minutes February 16, 2010 Page 2 of 6 The Councilmembers expressed appreciation to Mr. McLeod for his willingness to volunteer his time in service to the City. CITIZEN COMMENTS There were no citizen comments. CONSENT AGENDA a. Approval of Minutes: 2/1/10 (Regular) b. Approval of Vouchers #351593 351822 and #201002012, 201002161, 201002162 in the amount of $1,943,547.48 c. Accept as complete the 2009 -2010 Overlay and Repair program with Lakeside Industries, Inc. (Contract 09 -101); authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $1,573,719.61). MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. UNFINISHED BUSINESS a. Authorize the Mayor to sign a grant agreement with the Washington State Department of Commerce for energy upgrades to City facilities in the amount of $129,500.00. MOVED BY QUINN, SECONDED BY HOUGARDY TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF COMMERCE FOR ENERGY UPGRADES TO CITY FACILITIES IN THE AMOUNT OF $129,500.00. MOTION CARRIED 7 -0. b. An ordinance updating regulations regarding surface water management as codified at Tukwila Municipal Code 14.30, "Surface Water Management." AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS REGARDING SURFACE WATER MANAGEMENT; REPEALING ORDINANCE NO. 2064, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.30, "SURFACE WATER MANAGEMENT PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HOUGARDY, SECONDED BY SEAL 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 HOUGARDY, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2274. c. An ordinance establishing new regulations regarding the stormwater sewer system to be codified at Tukwila Municipal Code 14.31, "Illicit Discharge Detection and Elimination." AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING THE CITY'S MUNICIPAL STORMWATER SEWER SYSTEM, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.31, "ILLICIT DISCHARGE DETECTION AND ELIMINATION REPEALING ORDINANCE NO. 2064, §2 (PART); 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. Tukwila City Council Regular Meeting Minutes February 16, 2010 Page 3 of 6 MOVED BY HOUGARDY, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2275. d. Approval of the Farside Concept as the northbound site location for the Tukwila Transit Center and authorize staff to pursue grant funding options through the Federal Transit Authority and the Bus Facilities Livability Initiative. MOVED BY SEAL, SECONDED BY HERNANDEZ TO APPROVE THE FARSIDE CONCEPT AS THE NORTHBOUND SITE LOCATION FOR THE TUKWILA TRANSIT CENTER AND AUTHORIZE STAFF TO PURSUE GRANT FUNDING OPTIONS THROUGH THE FEDERAL TRANSIT AUTHORITY AND THE BUS FACILITIES LIVABILITY INITIATIVE. MOTION CARRIED 7 -0. e. An ordinance pledging the City's full faith and credit toward the payment of its share of debt service on refunding bonds to be issued by the Valley Communications Center Development Authority. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, PLEDGING THE CITY'S FULL FAITH AND CREDIT TOWARD THE PAYMENT OF ITS SHARE OF DEBT SERVICE ON REFUNDING BONDS TO BE ISSUED BY THE VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY AND APPROVING CERTAIN MATTERS RELATED THERETO; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, 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 SEAL THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2276. NEW BUSINESS a. An ordinance relating to the preservation of industrial land within the City's manufacturing industrial center and establishing a six -month moratorium on the acceptance of applications for and issuance of land use, building and development permits, business licenses and /or approvals for any change in use for certain non industrial uses within the Manufacturing Industrial Center Zone. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE PRESERVATION OF INDUSTRIAL LAND WITHIN THE CITY'S MANUFACTURING INDUSTRIAL CENTER, ESTABLISHING A SIX -MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, BUSINESS LICENSES AND /OR APPROVALS FOR ANY CHANGE IN USE FOR CERTAIN NON INDUSTRIAL USES WITHIN THE MANUFACTURING INDUSTRIAL CENTER ZONE; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. Council President Robertson indicated this item was placed on the agenda to allow adequate time for staff to study the issues to ensure the City does not lose manufacturing jobs in the MIC (Manufacturing Industrial Center) zone. In this period of economic recession, the availability of both high paying and living wage jobs is vital. MOVED BY ROBERTSON, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. MOVED BY DUFFIE, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Tukwila City Council Regular Meeting Minutes February 16, 2010 Page 4 of 6 Jack Pace, Community Development Director, provided an overview of this issue. As part of the City's 2009 -2010 budget process, the Council requested that staff examine issues associated with the City's Manufacturing Industrial Center (MIC). King County currently has four areas designated as MIC by the Countywide Planning Policies. Mr. Pace indicated the ordinance before the Council this evening references "five" MIC areas, and it should be changed to "four." The City of Tukwila contains one of these centers located in the north part of the City which abuts one of the MIC areas located in Seattle, creating the largest MIC zone in the County. The purpose of the MIC zoning designation is to preserve and enhance the industrial land supply for the region. Industrial jobs in manufacturing provide a significant number of living wage jobs, which then support other jobs throughout the region. The MIC designation also makes available a significant number of funding sources for transit and capital improvements that are given top priority for funding. The proposed moratorium would temporarily prevent non industrial uses from establishing or expanding within the MIC area. It will also provide staff the necessary time to study the issues associated with the MIC area and assure the City is in compliance with Countywide Planning Policies. Within 60 days of adoption of the moratorium, the City is required to hold a public hearing. At that time staff will present the Council with a detailed work plan on issues associated with the City's MIC zone. The Councilmembers exchanged comments on this matter to include: the necessity of a diversified economy to protect jobs; acknowledgement that some of the best and highest paying positions exist in industrial areas; the benefits of taking another look at the plan as it relates to the MIC zone; and the appropriateness of following the Countywide Planning Policies to discourage incompatible uses in MIC areas. Mayor Haggerton called for citizen comments on this issue. No citizen comments were received. *MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2277. REPORTS a. Mayor On February 10, 2010, Mayor Haggerton attended the Tourism Networking event and the Suburban Cities PIC (Public Issues Committee) meeting. Also in attendance at the PIC meeting was King County Sheriff Sue Rahr and King County Prosecuting Attorney Daniel Satterberg, who reported on issues facing their agencies. On February 11, 2010, the Mayor participated in the Water Resource Inventory Area 9 (WRIA9) meeting with King County Executive Dow Constantine. On February 12, 2010, Mayor Haggerton met with a representative from Senator Patty Murray's Office. b. City Council Councilmember Hernandez attended the February 10, 2010 Tourism Networking event. Councilmember Hougardy reported on the February 9, 2010 Utilities Committee meeting. The Committee was asked to make multiple decisions regarding application of the City's Leak Adjustment Policy. (Reference February 9, 2010 Utilities Committee Minutes) Council President Robertson commended the Utilities Committee for their work on this issue. The work done by the individual committees allows the full Council to focus on broader policy issues. Councilmember Quinn inquired as to how citizens who may be impacted by the Leak Adjustment Policy will be notified of options. Steve Lancaster, City Administrator, explained that high water consumption is typically easily identifiable, and options would be provided to the customer. Councilmember Hougardy suggested the Hazelnut newsletter and Channel 21 could be utilized for getting the word out regarding the Leak Adjustment Policy. Tukwila City Council Regular Meeting Minutes February 16, 2010 Page 5 of 6 Councilmember Hougardy reported that she attended a meeting at Tukwila Elementary School, and another Block Watch group will be formed to address issues in the area of 57th Avenue South. A representative from the Police Department will also be included and all are invited to participate. Crime continues to be a problem in her neighborhood. c. Staff Steve Lancaster, City Administrator, reported that Kimberly Matej, Council Analyst, has done an excellent job of monitoring legislative activity in Olympia. Senate Bill 6686, regarding Municipal Court Judges being required to run for office (opposed by the City) is moving through the process. Questions should be directed to the Council Analyst. d. City Attorney There was no report. e. Intergovernmental There was no report. MISCELLANEOUS Councilmember Hernandez referenced Senate Bill 6686 regarding Municipal Court Judges being required to run for office. She stated the Association of Washington Cities (AWC) represents 47 cities who have appointed judges. There is no evidence that elected judges are more qualified than those judges who are appointed. Council President Robertson indicated the Council Analyst will not be in attendance at some Council meetings in an effort to keep her hours at 40 for a work week. Additionally, the Council President reported he will be sitting in for Councilmember Quinn during the next Finance and Safety Committee meeting. Mr. Robertson expressed appreciation for the hard work of the Council Committees, as well as the efforts by staff regarding the departmental review of the budget. The review of the departmental budgets in the Committee meetings is an essential learning step for the Council prior to preparation of the 2011 -2012 budget. Council President Robertson relayed appreciation for the time and effort put forth by staff and the Committees. Councilmember Seal indicated it would be prudent for the City to watch legislative activity as it relates to the Municipal Court Judge issue and the Rental Housing bill. Ms. Seal commented she finds the review of the departmental budgets to be extremely beneficial in garnering a better understanding of the City's finances. 7:47 p.m. Mayor Haggerton called a brief recess. 7:48 p.m. Councilmember Quinn recused himself from the Executive Session and left the Council Chambers. EXECUTIVE SESSION Pending Litigation Pursuant to RCW 42.30.110(1)(i) (30 Minutes) Start: 7:52 p.m. Mayor Haggerton announced the purpose of the Executive Session is to discuss Pending Litigation Pursuant to RCW 42.30.110(1)(i). It will last no more than 30 minutes, and no decisions will be made during the Executive Session. Tukwila City Council Regular Meeting Minutes February 16, 2010 Page 6 of 6 Attendees: Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney; Jack Pace, Community Development Director; Tukwila City Councilmembers, Joe Duffie, Joan Hernandez, Dennis Robertson, Allan Ekberg, Verna Seal, and Kathy Hougardy. End: 8:00 p.m. ADJOURNMENT 8:00 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 6 -0, WITH QUINN RECUSED. Christy O'Flaher City Clerk APPROVED BY THE CITY COUNCIL: 3/1/2010