HomeMy WebLinkAbout2001-09-17 Regular MinutesCALL TO ORDER/PLEDGE OF ALLEGIANCE:
Calling the meeting to order at 7:00 p.m., Mayor Steven M. Mullet led the Pledge of Allegiance.
OFFICIALS:
John McFarland, City Administrator; Bob Noe, City Attorney; David St. Pierre, Assistant City Attorney; Jane
Cantu, City Clerk; Bob Baker Deputy City Clerk; Lucy Lauterbach, Legislative Analyst; Jim Morrow, Public Works
Director; Bruce Fletcher, Parks Recreation Director; Jack Pace, Acting Community Development Director; Keith
Haines, Chief of Police; Nora Gierloff, Associate Planner; and Frank Iriarte, Public Works Coordinator.
ROLL CALL:
Jane Cantu, City Clerk, called the roll of Council. Present were Council President Joan Hernandez; and
Councilmembers Joe Duffie; Pam Carter; Jim Haggerton; Pamela Linder; Dave Fenton; and Richard Simpson.
SPECIAL PRESENTATIONS:
TUKWILA CITY COUNCIL
September 17, 2001 7:00 p.m.
Tukwila City Hall Council Chambers
REGULAR MEETING MINUTES
Citrus LonEhorned Beetle An Update Department of Agriculture
John Lundberg Chad Phillips, Entomologists, Washington State Department of Agriculture, addressed Council
and the audience on the discovery and subsequent actions regarding the Citrus Longhorned Beetle (CLB) in
Tukwila.
Discovered on August 2, 2001, the CLB has been labeled the worst, non native beetle ever in America. These tree
boring and killing insects are not harmful to humans. The CLB is a 1- to 2 -inch, shiny black beetle with several
irregular, white spots or splotches on its back. It has six long legs and two very long, alternating black- and -white
stripe antennae extending from its head. Interestingly, the antennae are longer than the body itself.
The CLB attacks approximately 40 species of healthy trees found in great abundance in Washington maple,
poplar, willow and fruit trees such as apple and pear. The CLB has no known natural enemies in Washington; and
are considered serious pest insects in their native Asia. Their effects could have catastrophic impacts on the
Washington.
The life cycle of the CLB was shared. Noteworthy is no known pesticides exist to destroy the CLB once they have
infested a tree. The only way to kill them is to cut the tree down and destroy it by chipping or burning.
The entomologists answered questions of the Council and audience and discussed courses of action being considered
for containing and eradicating the CLB in Washington. Action include, but are not limited to conducting an
extensive survey this fall and winter to find emergence holes, evidence of egg laying and damage on twigs and
branches. The results of the survey will define the scope and scale of the necessary action of tree removal.
Removing targeted trees is a must. Next, injecting pesticides into host tree trunks will be required. Instituting a
State quarantine in the area surrounding the Tukwila introduction site could prohibit movement of trees and raw tree
products out of the quarantine area without an inspection and/or treatment. And, finally, establishing a combined
program with the U. S. Department of Agriculture may be necessary to give the State access to federal personnel and
resources to combat the CLB.
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City Council Regular Meeting Minutes September 17, 2001
CITIZEN COMMENT /CORRESPONDENCE:
Howard Reiser and girlfriend. PJ Nichol. 14025 55th Street. Tukwila. informed Council they have been
feeding crows in their yard as a way to preserve a natural habitat. Both Reiser and Nichol are certified as Backyard
Wildlife Habitat experts and see no problem with feeding the crows that chase away known predators.
Howard Anderson, 5341 South 140th, Tukwila. spoke against feeding of the crows as they leave behind
substantial messes, which are difficult to clean.
Eric Holmgren. 5329 South 140th. Tukwila. also spoke against feeding of the crows in Tukwila. He estimated
their numbers as over 100 and reiterated Mr. Anderson's statement about droppings and messes created by the birds.
Upon hearing from all present, Council noted this item, currently being handled through the City's Code
Enforcement Office, shall continue to be worked in that Office. This item was not referred to any committee for
action.
CONSENT AGENDA:
a. Annroval of Vouchers 230994 231253, in the amount of $826.739.11
Hernandez moved; Fenton seconded; to approve the consent agenda, as presented. The motion carried 7 -0.
OLD BUSINESS:
a. An Ordinance Amendine the Zoninl? Code
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1758, 1774, 1814,1830,
1833,1834,1865,1872 AND 1954 AND CHAPTERS 17.20, 18.06, 18.10, 18.16, 18.18,
18.22, 18.24, 18.26, 18.28, 18.30, 18.32, 18.34, 18.38, 18.40, 18.50, 18.52 AND 18.88
OF THE TUKWILA MUNICIPAL CODE, TO CLARIFY AND UPDATE ZONING
CODE PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
Carter moved; Duffie seconded; reading of the proposed ordinance by title only. The motion carried 7 -0.
City Attorney Bob Noe read the title of the proposed ordinance.
Duffie moved; Carter seconded; adopting the proposed ordinance as read. The motion carried 7 -0.
APPROVED ORDINANCE #1971
b. Deliberation on Remaining Zoning Code Amendments
Nora Gierloff, Associate Planner, reminded Council that staff presented the Planning Commission's
recommendations on the proposed code amendments to the COW on August 27th. A public hearing was then held
on September 4. There, Council asked the ordinance be bifurcated to allow the items that had consensus to be
adopted while staff continued to work on other issues. Those issues needing additional study were:
prohibition on the use of cargo containers in residential and commercial zones
adding pawnbrokers as allowed or conditional uses in specified zones
adding a definition for pawnbrokers
adding internet data centers as allowed or conditional uses in specified zones
adding a definition for internet data centers
Ms. Gierloff, led discussions on the issues, one at a time. First considered was that of a potential prohibition on the
use of cargo containers in residential and /or commercial zones. Regarding this issue, Ms. Gierloff noted the City
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City Council Regular Meeting Minutes September 17, 2001
typically handles policy changes in the Zoning Code by allowing existing uses to remain (be grandfathered) and
prohibiting establishment of new uses that do not conform to the code change. After considerable discussion, both
pro and con, on this issue, Council agreed they would be in favor of staff obtaining an inventory and gathering more
information. Information would be then considered by the appropriate committee, COW and then a regular meeting.
Also suggested was yet another public meeting to inform community members this item is being considered.
As it relates to pawnbroker issues, there was little discussion. It was noted, however, that pawnbrokers are not
addressed in the Zoning Code, and therefore are currently allowed in any zone that permits retail sales. A majority
of Planning Commission members was of the opinion that pawnbrokers should be treated like any other retail use
because the two existing pawnbrokers in the City are not viewed as having a negative impact on the community.
In the end, Council agreed on staff's proposed option #3 Add pawnbrokers as allowed uses in the TUC, C /LI, LI,
HI and TVS zones and conditional uses in the RC and RCM zones. The existing pawnbrokers would become legal
non conforming uses subject to the restrictions at TMC 18.70.
Finally, Ms. Geirloff discussed the issue of adding internet data centers as allowed or conditional uses in specified
zones. She noted staff's original proposal was to allow data centers in industrial, but not commercial zones.
Discussion by Council was concluded by agreement that the decision should go by condition; not the use. To that
end, it was suggested and agreed that the code allow data centers in the TUC, C /LI, LI, HI< MIC /L, and MIC /H and
TVS Zones; with internet data centers also being allowed as conditional in the RC Zones.
The issues of pawn brokers and internet data centers are to be finalized into draft form by City staff and presented to
Council for adoption at a Regular meeting. The issue of cargo container usage will continue to be worked by City
staff.
NEW BUSINESS:
a. An Ordinance Appointing an Agent Responsible to Receive Claims for Damages
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, APPOINTING THE CITY CLERK AS THE AGENT RESPONSIBLE
TO RECEIVE CLAIMS FOR DAMAGES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
Fenton moved; Duffle seconded; reading of the proposed ordinance, by title only. The motion carried 7 -0.
City Attorney Bob Noe read the title of the proposed ordinance.
Fenton moved; Linder seconded; adoption of the proposed ordinance, as presented. The motion carried 7 -0.
APPROVED ORDINANCE #1972
b. An ordinance adopting a permanent curfew for minors
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A PERMANENT CURFEW FOR MINORS;
REPEALING ORDINANCE NOS. 1771, 1811, 1849, AND 1879, AS CODIFIED AT
TUKWILA MUNICIPAL CODE 8.75; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
Haggerton moved; Linder seconded; reading of the proposed ordinance, by title only. The motion carried 7 -0.
City Attorney Bob Noe read the title of the proposed ordinance.
Haggerton moved; Linder seconded; adoption of the proposed ordinance, as presented.*
Police Chief Keith Haines was present and spoke in favor of the proposed ordinance. He noted use of the ordinance
in the past has been successful in cutting crime and most importantly, has kept kids from becoming victims of crime.
In 2001, only 1 citation has been issued citing the curfew law.
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City Council Regular Meeting Minutes September 17, 2001
*Vote The motion carried 7 -0. APPROVED ORDINANCE #1973
c. Authorize the Mayor Authorize to Sign an Agreement with the McAndrews
Group in the Amount of $55,139.00 for C.I.P. Survevine Proiects
Simpson moved; Duffie seconded; to authorize Mayor Mullet to sign an agreement with the McAndrews
Group, in the amount of $55,139.00, for C.I.P. surveying projects. The motion carried 6 -0 -1; with
Councilmember Fenton recusing himself.
d. Authorize the Mayor to execute the followine Interlocal Aereements with Val
Vue Sewer District for the Duwamish Proiect:
1. An interlocal Agreement with Val Vue Sewer District regarding
construction of sewer. water, storm water and pedestrian facilities.
2. An interlocal Agreement with Val Vue Sewer District reeardine sewer
service
Simpson moved; Fenton seconded; to authorize Mayor Mullet to execute an interlocal agreement with Val
Vue Sewer District regarding construction of sewer, water, storm water and pedestrian facilities. The motion
carried 7 -0.
Simpson moved; Fenton seconded; to authorize Mayor Mullet to execute an interlocal agreement with Val
Vue Sewer District, regarding sewer service. The motion carried 7 -0.
e. Authorize the Mayor to Sian an APreement with Penhallegon Associates
Consulting Engineers, Inc., (PACE) in the Amount of $29,500.00 for Design of
the Duwamish Area Street and Storm Drainage Improvements
Simpson moved; Fenton seconded; to authorize Mayor Mullet to sign an agreement with Penhallegon
Associates Consulting Engineers, Inc., (PACE), in the amount of $29,500.00 for design of the Duwamish area
street and storm drainage improvements.*
Discussion ensued with Jim Morrow explaining the scope of services for this contract.
*Vote The motion carried 7 -0.
REPORTS:
a. Mayor
Mayor Mullet announced the Suburban Cities Association (today) moved into the former Minolta building, at 6300
Southcenter Boulevard. Their offices are located on the second floor.
b. City Council
Councilmember Duffie provided pictures for Council review, from a neighbor, as it relates crows in the area.
Councilmember Carter attended the September 12 Suburban Cities Association meeting; the September 13 Puget
Sound Regional Council Transportation Policy Review Board meeting; and the September 16 Meet the Candidates
forum at Foster Library.
Council President Hernandez attended the September 16 Meet the Candidates forum at Foster Library. She went
on to relay the receipt of several e -mail messages; most of which had also been received by City staff and Council.
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City Council Regular Meeting Minutes September 17, 2001
Councilmember Haggerton attended the September 12 Cascade Water Alliance Board of Directors meeting, as
well as the Suburban Cities Association meeting. Mr. Haggerton also attended the September 16 Candidates forum
at Foster Library.
Councilmember Linder attended the September 11 Highway 99 Action Committee meeting and the September 16
Candidates forum at Foster Library. Additionally, Ms. Linder suggested correspondence to Police and Fire Officers,
acknowledging and thanking them for their work. It was agreed an e-mail would be drafted and sent.
Councilmember Fenton spoke in favor of sending correspondence to Police and Fire; and noted he attended this
evening's Finance Safety Committee meeting.
Councilmember Simpson attended the Candidates forum at Foster Library on September 16, 2001.
c. Staff
John McFarland distributed a written situation report to Council and verbally summarized it for Council. He gave
kudos to the Emergency Management Team efforts after last weeks terrorist attacks in Washington D.C., New York
and Pennsylvania.
d. Legislative Analyst
Legislative Analyst Lucy Lauterbach had no report.
e. City Attorney
City Attorney Bob Noe had no report.
MISCELLANEOUS:
Mayor Mullet noted the Federal Immigration and Naturalization Services Department will conduct a swearing in
ceremony for new American citizens on Wednesday, September 19, 2001, 11:00 a.m., at the Tukwila Community
Center.
ADJOURNMENT:
9:50 p.m. Fenton moved; Duffie seconded; adjournment of the regular meeting.
The motion carried 7 -0.
c i to to )Vvv\,t,4k„,',
Steven M. Mullet, Mayor
F.Lvtit ft 13a .t
Robert H. Baker, CMC,
Deputy City Clerk
Minutes approved: October 1, 2001