Loading...
HomeMy WebLinkAbout1997-05-05 Regular MinutesMay 5, 1997 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS Amend Agenda SPECIAL PRESENTATIONS Introduction of new employees CITIZEN COMMENTS CONSENT AGENDA w /draw (to New Business) a. w /draw (to New Business) b. *REVISED 6/3/97 TUKWILA CITY COUNCIL (S p9 REGULAR MEETING MINUTES Mayor Rants called the Regular Meeting to order and led the audience in the Pledge of Allegiance. JOE DUFFIE; JOAN HERNANDEZ; JIM HAGGERTON, Council President; ALLAN EKBERG; STEVE MULLET; PAM CARTER; PAM LINDER. JOHN MCFARLAND, City Administrator; BOB NOE, City Attorney; VIKI WITSCHGER, Administrative Services Director; STEVE LANCASTER, DCD Director; EVELYN BOYKAN, Human Services Coordinator; MICHAEL JENKINS, Assistant Planner; LUCY LAUTERBACH, Council Analyst; JANE CANTU, City Clerk. Mayor Rants requested and Council consented to amend the agenda to add Introduction of new municinal court emplovees following Appointments and Proclamations of the Mayor. APPOINTMENTS AND Mayor Rants requested Council confirmation of the appointment of PROCLAMATIONS OF Antoinette McKinnon to Pos. #1 on the Human Services Advisory Board; THE MAYOR term expires 4/30/98. MOVED BY HERNANDEZ, SECONDED BY MULLET, TO CONFIRM THE APPOINTMENT OF ANTOINETTE MCKINNON TO POSITION #1 ON THE HUMAN SERVICES ADVISORY BOARD. MOTION CARRIED (7 -0). Mayor Rants read a proclamation designating the week of May 4- 10, 1997 as Municipal Clerks Week. Rants expressed appreciation to Tukwila's Municipal Clerk, Jane Cantu, and to all municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Administrative Services Director Viki Witschger introduced the new Tukwila Municipal Court Clerks: Amy Bell, Court Clerk III; Judy Roach, and Kathleen Stinnett, Court Clerks II. The Council gave them a warm welcome. None. Approval of Minutes: 4/21/97 Approval of Vouchers: Nos. 92529 through 92801 in the amount of $635,593.86 Tukwila City Hall Council Chambers Regular Meeting Minutes May 5, 1997 Page 2 Consent Agenda (Copt' d) c. PUBLIC HEARING Ord. #1794 amending Chapter 9.28 of TMC Vehicles Traffic- allowing commercial vehicles in residential neighborhoods Public comments d. Authorize Mayor to accept turnover of public water system along 48th Ave. S. near Penske Truck. Assets include: 220 lineal feet of 10 inch watermain, one fire hydrant, one 10 inch gate valve and one 6 inch gate valve. Authorize Mayor to accept turnover of public water main as part of development of Extended Stay America Efficiency Studios. Assets include: 600 lineal feet of 10 inch ductile iron watermain and appurtenances. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO APPROVED THE CONSENT AGENDA AS SUBMITTED.* Councilmember Hernandez requested that the April 21st minutes be withdrawn for discussion under New Business. Councilmember Linder requested that the Vouchers be withdrawn for discussion under New Business. *MOTION CARRIED AS AMENDED (7 -0). Mayor Rants opened the public hearing at 7:14 p.m Lucy Lauterbach, Council Analyst, updated the Council based upon last week's discussion at the Committee of The Whole meeting and added that she had placed a letter from Dr. Michael Silver, Superintendent, South Central School District, in each Councilmember's mailbox. The letter addressed the issue of allowing school busses to park in residential neighborhoods during the day since there is a gap between the drivers' morning and afternoon shifts. Lauterbach said this does not include overnight nor weekend parking. She explained that the ordinance is to set the conditions under which commercial vehicles can be parked in residential neighborhood. Brian Kennedy, 12802 37th Avenue South, is opposed to commercial vehicles parking in residential neighborhoods. He said he would consider supporting school buses parking alongside the road in neighborhoods; however, if school buses are given that privilege, other commercial vehicle owners would expect the same advantage. If this continues, it could result in abusing the statute. Darlaine Sterling, 14431 58th Avenue South, Transportation Department, South Central School District, commented that school bus drivers aren't able to park their full fleet of buses at Showalter because other people are Regular Meeting Minutes May 5, 1997 Page 3 Public hearing (Cont'd) Ord. #1794 Commercial pkng. in res. neighborhood Public hearing closed Council discussion Speaker from the audience. always parked there. Furthermore, laws regarding others parking in bus zones are not enforced. She supports school buses being parked at drivers' residences between runs. Glenn DeLasharpe, 12601 East Marginal Way, commented that Becker Trucking parks in every lot around. This could prove to be hazardous because it impedes the vision of other drivers who are trying to pull out of any one of the streets in the vicinity. He opposes commercial vehicles parking within a radius of 20 square blocks in the residential neighborhoods. Mayor closed the public hearing at 7:22 p.m. Councilmember Duffie says he favors school buses but not commercial vehicles. The residential streets were not designed for commercial parking. Councilmember Mullet said the original intent of the ordinance was to prohibit commercial vehicles of a specific size to park in residential neighborhoods. Councilmember Hernandez is reluctant to pass a law that might impact the school district. Councilmember Carter suggested adding "special events" to the school bus language in #6 under "Exemptions." Councilmember Ekberg commented that he supports the ordinance for banning commercial vehicles of a certain size from residential neighborhoods, but allows tractors in the parking area of a residential home to accommodate those residents who operate commercial vehicles for a living. A speaker from the audience stated that he falls in three categories of zoning: commercial, residential and neighborhood. He asked for clarification as to the procedure for reporting violators in a case such as his. City Administrator McFarland responded that it takes some communication and some specificity by the complaining party to help the City in enforcing the Codes. Mayor Rants spoke in opposition of the ordinance. He says the City has spent years trying to develop neighborhood revitalization to bring quality Regular Meeting Minutes May 5, 1997 Page 4 Public hearing (Cont'd) Ord. 1794- Commercial pkng. in res. neighbrhds. Ord. 1794 Commercial pkng. in res. neighbrhds of life to its neighborhoods and to the residents. For visual effects, focus has been placed on undergrounding, sidewalks and the multitude of citizens' concerns. To begin now allowing commercial vehicles to park in residential neighborhoods would be adverse to what the City is trying to accomplish. The Mayor stated that he has no problem with school buses parking for short periods of time during the day. MOVED BY MULLET, SECONDED BY HAGGERTON, TO AMEND ITEM 1A UNDER 9.28.020 TO READ "ANY VEHICLE 8 FEET OR LARGER. 20 FEET OR LONGER IN LENGTH. OR 9 FEET OR TALLER IN HEIGHT." MOTION CARRIED (7 -0). MOVED BY MULLET, SECONDED BY DUFFLE, TO AMEND ITEM #6 TO READ: "TUKWILA SCHOOL DISTRICT BUSES FOR A PERIOD OF THREE HOURS DURING THE DAYS AND HOURS WHEN PUPILS ARE IN SCHOOL OR DURING SPECIAL EVENTS. IF THEY DO NOT OBSTRUCT TRAFFIC FLOW OR BLOCK SIGHT DISTANCE ON THE ROAD OR FROM DRIVEWAYS." MOTION CARRIED (7 -0). MOVED BY DUFFIE, SECONDED BY CARTER, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Bob Noe read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REVISING CHAPTER 9.28 VEHICLES AND TRAFFIC, MISCELLANEOUS REGULATIONS; REPEALING ORDINANCE NOS. 1370 (IN PART) AND 1435; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY CARTER, THAT ORDINANCE NO. 1794 BE ADOPTED AS AMENDED.* Council President Haggerton commented that he's not in favor of school buses parking at random on neighborhood streets because they represent as much of a hazard as a 20 -foot tractor trailer. However, after listening to previous testimonies, he's convinced that there are specific reasons to allow such school bus parking. *MOTION CARRIED (7 -0). Regular Meeting Minutes May 5, 1997 Page 5 Public hearing opened Ord. #1795 Off street parking loading regs. Public hearing closed Ord. #1795 relating to zoning for off street parking Mayor Rants opened the public hearing at 7:47 p.m. Michael Jenkins, Assistant Planner, DCD, commented that the draft ordinance is the result of recommendations by the Planning Commission and work sessions before the Community Affairs and Parks Committee and the Committee of The Whole. Following minor editorial revisions at the April 14 COW, a public hearing was scheduled for May 5 (tonight). Jenkins said tonight's draft ordinance includes the four specific revisions requested by the Council: 1) A revision to the beginning "Whereas" section to further support the many elements in the parking code and to tie it into the existing code; 2) To revise fast -food restaurant parking; 3) To revise the bicycle parking standard for high schools; and, 4) To repeal 18.56.085 Commercial Vehicles in Residential Areas. There being no Council nor public comments, Mayor Rants closed the public hearing at 7:50 p.m. A brief discussion ensued with DCD Director Lancaster providing additional information for clarification of "general retail." MOVED BY HERNANDEZ, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1795 BE ADOPTED AS READ.* *MOTION CARRIED AS AMENDED (6 -1; HAGGERTON DISSENTING). MOVED BY HERNANDEZ, SECONDED BY CARTER, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Bob Noe read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO ZONING, AMENDING PORTIONS OF ORDINANCE NO. 1758 AS CODIFIED AT TITLE 18 OF THE TUKWILA MUNICIPAL CODE, CONCERNING OFF STREET PARKING AND LOADING REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Councilmember Carter suggested that "lb" in Section 18.56.040 General Requirements -be deleted, because it duplicates another Section of Title 18. Regular Meeting Minutes May 5, 1997 Page 6 OLD BUSINESS Ord. #1796 Dissolving the Board of Adjustment and creating the Office of Hearing Examiner Ord. #1797 establishing a Transit Advisory Comm. Mayor Rants explained that the City currently uses a hearing officer to preside over appeals of decisions made by the Code Enforcement Officer and drug forfeiture cases. The City has had good success in terms of the administration of a consistent and professional process, which conforms to legal requirements. Additionally, this would allow for continuity in the hearing of all administrative appeals in the City, i.e. land use, code enforcement and forfeitures. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Bob Noe read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DISSOLVING THE BOARD OF ADJUSTMENT; REPEALING ORDINANCE NOS. 860, 1593 (SUB- SECTION 5), AND 1738 (SUB- SECTION 2); CREATING A NEW CHAPTER OF THE TUKWILA MUNICIPAL CODE ESTABLISHING THE OFFICE OF HEARING EXAMINER; AMENDING VARIOUS ORDINANCE WHICH REFER TO THE BOARD OF ADJUSTMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HAGGERTON, SECONDED BY HERNANDEZ, THAT ORDINANCE NO. 1796 BE ADOPTED AS READ. MOTION CARRIED (7 -0). Mayor Rants explained establishing such a commission could be helpful to both the City and RTA to have a citizen -based advisory committee to discuss RTA issues. Rants said he wants to find the best people for the commission, and that he will consult with Council on appointments. MOVED BY CARTER, SECONDED BY HERNANDEZ, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Bob Noe read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A TRANSIT ADVISORY COMMISSION; AUTHORIZING APPOINTMENTS; PROVIDING AN EXPIRATION DATE OF THE COMMISSION; SETTING FORTH DUTIES AND RESPONSIBILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Regular Meeting Minutes May 5, 1997 Page 7 Ord. #1797 establishing a Transit Adv. Comm. (Cont' d) MOVED BY DUFFIE, SECONDED BY HAGGERTON, THAT ORDINANCE NO. 1796 BE ADOPTED AS READ.* s Councilmember Carter stated that this issue had been discussed at the April 14th Transportation Committee meeting. She distributed data that outlined the following scope of interest for the Commission: study and recommend siting alternatives for the Light Rail to include analyses of the various alternatives in terms of positive and negative impacts to the community; study and recommend alternatives on the siting of stations, multi -modal facilities and park- and -ride facilities; and, provide overall recommendations for the development of a comprehensive transit strategy to accommodate the current and projected needs of the City as it continues its important role in the region as a commercial center, while recognizing the needs of our residential community. Carter said the only change suggested by the committee was that there should be two representatives from the City Council. Councilmember Allan Ekberg agreed to serve as a representative. Councilmember Hernandez suggested that the word "committee" be added in the third "Whereas" of the ordinance. The sentence would then read as follows: Whereas. the creation of a citizen -based committee to assist in this effort will aid in the development of this strategy: Councilmember Carter asked City Attorney Bob Noe to clarify the quasi judicial affects of serving on the Transit Advisory Commission and the Council simultaneously. Noe responded that there's nothing that prohibits a councilmember from participating in prior advisory proceedings that could potentially become a quasi-judicial matter. He says it would be prudent to disclose that information; however, it is not a basis for disqualification. Councilmember Mullet commented that whether a councilmember is officially appointed to the Advisory Board or not does not preclude their participation as an observer or a partaker in any proceeding. Carter recommended that an update be provided to the Council on a frequent basis to keep the them abreast of the Board's progression. *MOTION CARRIED AS AMENDED TO ADOPT ORDINANCE NUMBER 1797 (7 -0). Regular Meeting Minutes May 5, 1997 Page 8 Selection of Consultant for non -rep employees' salary study NEW BUSINESS Approval of Minutes of 4/21/97 (from Consent) Vouchers (from Consent) Viki Witschger, Administrative Services Director, explained that this issue was discussed at the Finance Safety Committee earlier this evening (May 5th). Thirteen consultants responded; two were selected as finalists: Fox Lawson Associates and Nash and Company, Inc. Councilmember Linder commented that the Lawson firm was rated #1, and recommended by the Finance Safety Committee because of their extensive experience in city government; emphasis on communication and input from City officials; their time frame of 10 -12 weeks; their interaction in working with employees and the resources to conduct the study in a cost effective manner. Other Councilmembers concurred with Linder. Councilmember Mullet favored Nash and Company, Inc. because they had more experience with public sector clients. MOVED BY LINDER, SECONDED BY CARTER, TO ACCEPT FOX LAWSON ASSOCIATES AS CONSULTANTS FOR THE NON REPRESENTED EMPLOYEES SALARY STUDY CONTINGENT UPON REFERENCE CHECK. MOTION CARRIED (6 -1, MULLET DISSENTING). Councilmember Hernandez requested an amendment to the April 21, 1997 Regular Meeting minutes. She asked that the word "reviewed" be deleted and add the word "read" in the 8th line, under the heading Community Policing Adv. Bd. Annual Report. Councilmember Linder explained that one of the vouchers was an unbudgeted item for the cost of replacing the City's police dog Markos. Although this was an unbudgeted item, it was suggested that $4,000 be taken from the confiscated drug monies to purchase the dog; then later on take $4,500 from the training budget to train the dog. IIowcvcr, this issuc did not follow the p1upt r channcls of going to a Council sub committcc for discussion. It was the consensus of the Council for forward the voucher to purchase a new police dog back to the Mayor's office for further review. MOVED BY HERNANDEZ, SECONDED BY LINDER, TO APPROVE THE AMENDED MINUTES AND THE AMENDED VOUCHERS. MOTION CARRIED (7 -0). Regular Meeting Minutes May 5, 1997 Page 9 REPORTS Mayor Council Staff Mayor Rants shared a "thank -you" note with the Council from a couple who used the Community Center to celebrate their 25th Wedding Anniversary. Councilmember Duffie attended a mock -drill accident at Foster High School this past week. He said this was quite an experience for the students to see the cause and effect of such an ordeal. He said he hopes it left an indelible impression on their minds resulting in a more cautious driving behavior. Councilmember Hernandez reported that she attended the Equity and Diversity Commission (EDC) meeting on Wednesday, April 30th. The speaker of the hour was Ray Lee from the Kent School District. He was a very inspiring speaker. He will also attend EDC's retreat scheduled for June 28, from 9:00 a.m. to 3:00 p.m., at the Tukwila Community Center. Hernandez thanked Councilmember Linder and Police Chief Waldner for attending the April 30th meeting, and encouraged councilmembers and citizens to attend the retreat on June 28. The next regular meeting of the Equity and Diversity Commission will be held on June 5, 5:00 p.m. Hernandez distributed various handouts she had picked up from the meeting. Council President Haggerton reported he attended the DWI simulation at Foster High School this past week, which was very interesting. Haggerton announced the joint School Board and City Council meeting tomorrow night at the Community Center, 7:00 p.m. Councilmember Carter reported she attended the culture fair at Foster High School on Wednesday, April 30th; and Young Authors' Day at Cascade View Elementary on Friday, May 2nd. Councilmember Linder reported she attended the Equity and Diversity Commission on Wednesday, April 30th. She was very impressed with the mammoth job they've undertaken. DCD Director Steve Lancaster explained the purpose of the joint Council/Planning Commission meeting scheduled for May 19th is to introduce a draft sub -area plan and a draft environmental impact statement for the Manufacturing Industrial Center (MIC) sub -area plan. This is part Regular Meeting Minutes May 5, 1997 Page 10 Reports (Cont' d) City Attorney MISCELLANEOUS Responding to a request made by the Council a few weeks ago, Mayor Rants provided costs estimates and other information relating to the demolition the old community center. of the planned action program that has been discussed on various occasions that would implement many of the policies of the Comprehensive Plan in terms of the MIC Center. He asked the Council to plan for approximately 90 minutes for the meeting. Attorney Noe reported that Bellevue adopted an adult entertainment ordinance similar to the City of Tukwila's. Their ordinance was appealed all the way up to the Supreme Court, and on May 1st, the Supreme Court finally rendered a decision upholding the ordinance. He said this is timely because the hearing for Tukwila's adult entertainment ordinance is this Friday, May 9th. Councilmember Ekberg commented that in reviewing the information the Mayor had presented, he still contends that the City should retain the structure for a covered, outdoor play area, and he urged the Council's support, endorsement and funding. Hernandez announced that the Cascade Elementary School will present a 5th grade training curriculum on diversity on Wednesday, May 7, 9:00 10:00 a.m. Councilmembers are invited to attend. Hernandez informed the Council that the King County Housing Authority was highly impressed with and commended the City for the depth of concern demonstrated by the Tukwila Fire Department, Human Services Department and others who assisted the victims of a recent fire at the Riverton Terrace Apartments. Councilmember Carter mentioned the letter from Suburban Cities regarding the lawsuit that has been filed against the City of Des Moines by the Port of Seattle. Suburban Cities is urging cities to consider this very carefully because of the adverse affect it could have on the overall goals of those concerned. Carter commented on the City of Normandy Park's new pay scale and merit bonus system that was published in the Highline Times. She has the information on hand for those wishing to review it. Councilmember Linder announced that on Wednesday, May 7, 11:00 p.m., on KING TV, a news clip will be shown of those interviewed at the Neighborhood Resource Center. Regular Meeting Minutes May 5, 1997 Page 11 ADJOURNMENT MOVED BY DUFFIE, SECONDED BY MULLET, TO ADJOURN THE 8:59 P.M. MEETING. MOTION CARRIED. W. John %Y. Rants, Mayor Celia Square, Deputy City Clerk Date minutes approved: 6_ -9)/