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Home My WebLink About1997-09-02 Regular MinutesSeptember 2, 1997 7:00 p.m. CALL TO ORDER ROLL CALL Councilmember absent OFFICIALS Amend Agenda CITIZEN'S COMMENTS CONSENT AGENDA TUKWILA CITY COUNCIL REGULAR MEETING MINUTES Tukwila City Hall Council Chambers Mayor Rants called the Regular Meeting to order and led the audience in the Pledge of Allegiance. JOE DUFFIE, JOAN HERNANDEZ, ALLAN EKBERG, STEVE MULLET, PAM CARTER, PAM LINDER. MOVED BY HERNANDEZ, SECONDED BY DUFFLE, TO EXCUSE COUNCIL PRESIDENT HAGGERTON. MOTION CARRIED. JOHN MCFARLAND, City Administrator; BOB NOE, City Attorney; DON WILLIAMS, Parks and Recreation Director; ROSS EARNST, Public Works Director; BRIAN SHELTON, City Engineer; EVELYN BOYKAN, Human Services Coordinator; LUCY LAUTERBACH, Council Analyst; JANE CANTU, City Clerk. SPECIAL PRESENTATION Jane Cantu, City Clerk, introduced new employee Barbara Saxton, who Introduction of new will be working as part-time Word Processing Technician for the City employees Clerk Division. Public Works Director Ross Earnst introduced new employee Justin Presas, who will be working for Building Maintenance as Custodian I. Parks and Recreation Director Don Williams introduced new employee Gwen Sutherland, who will be working for the Tukwila Community Center as Administrative Clerk. Councilmember Hernandez requested and Council agreed to amend the agenda to add introduction of new employees from the REACH program. Councilmember Hernandez introduced new employees Sylvia Fisher and Kris Zawisza who will be working as Housing Program Managers for the Regional Efforts for Affordable Community Housing (REACH) Program. None. a. Approval of Minutes of 7/21/97 b. Approval of Vouchers: Nos. 200479 through 200681 in the amount of $408,632.93. c. Authorize Mayor to sign the 1998 Tukwila Transportation Study contract with The TRANSPO Group, Inc., in the amount of $249,914.96. Regular Meeting Minutes September 2, 1997 Page 2 Consent Agenda (Copt' d) PUBLIC HEARING Petition to vacate a portion of 55th Ave. S. from S. 139th Street to S. 140th Street Public comments: Public hearing closed Council discussion MOVED BY DUFFLE, SECONDED BY HERNANDEZ, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED (6 -0; Haggerton absent). Mayor Rants opened the public hearing at 7:18 p.m. Brian Shelton explained that the vacation request involves the unopened right -of -way of 55th Avenue South from South 139th Street to South 140th Street. The area of proposed vacation is approximately 8,717 square feet. He said a "Notice of Public Hearing" was posted on the sites. Mr. W.C. Werle, 13921 56th Avenue South, Ph. (206) 243 -1278, commented he and the other property owners who signed the petition want to maintain the property for the City. He said he supports the street vacation and would like the City to give the property back to the original owners. Mr. Jerry Lessor, 13911 56th Avenue South, commented he would like to see the property better maintained. Mr. Bueller, 5336 South 140th, said he's against vacating this piece of property and giving it to the property owners for their personal gain. He presented a letter from Ms. Glenda Vance, 5341 South 140th who is also against the street vacation. Henry Marvin, 5327 South 140th (member of the Planning Commission), inquired about property owners notification procedure. He said he did not receive notification, and the posted notice was tucked behind branches and not visible to anyone. Mayor Rants closed the public hearing at 7:43 p.m. Councilmember Ekberg suggested the Council accepts staff's recommendation to forward this issue to the September 22 Committee of The Whole meeting. He also requested a copy of the petition map depicting each property owner's location and address be provided to the Council. Councilmember Duffie inquired of the legal ramifications surrounding his participation in the quasi-judicial proceedings, since he is a property owner in the general area. Regular Meeting Minutes September 2, 1997 Page 3 Public hearing Street vac., 55th Av. S. (Cont'd) Public hearing reopened OLD BUSINESS Ord. #1809 relating to gambling gambling activ. City Attorney Bob Noe said he will provide Duffie with an answer prior to the next public hearing. Councilmember Hernandez commented it would have been more helpful if the streets had been more clearly identified. Mayor Rants encouraged staff to make note of this for future presentations. Duffie added staff need to be aware that when information is posted, it should be visible to all those concerned and not hidden behind branches and debris. It was the consensus of the Council to forward the petition to vacate a portion of 55th Avenue South to the September 22, 1997 Committee of The Whole meeting. Councilmember Hernandez inquired of the notification procedure. City Administrator McFarland noted the state law regarding notification to property owners was adhered to. However, in a past City policy, additional notification procedures were addressed. He assured Council that all notification procedures will be reviewed and adhered to in the future. It was the consensus of the Council to reopen tonight's public hearing to invite further testimony since the appropriate procedure was not followed. Mayor Rants reopened the public hearing at 7:50 p.m. MOVED BY HERNANDEZ, SECONDED BY MULLET, TO CONTINUE THE PUBLIC HEARING TO MONDAY, SEPTEMBER 22, 1997 FOR FURTHER TESTIMONY. MOTION CARRIED (6 -0). MOVED BY DUFFIE, 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, RELATING TO GAMBLING AND GAMBLING ACTIVITIES; REPEALING ORDINANCE NOS. 1219, 1530, 1555 AND 1693, AS CODIFIED AT TUKWILA MUNICIPAL CODE 20.04; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Regular Meeting Minutes September 2, 1997 Page 4 Ord. #1809 Gambling activities (Cont' d) Ord. #1810 Amending commercial truck prkng. in residential neighbrhds. A motion authorizing expend. for Foster Point waterline NEW BUSINESS Res. #1380 Rejecting Tydico's bid for small drainage projects MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT ORDINANCE NO. 1809 BE ADOPTED AS READ. MOTION CARRIED (6 -0). MOVED BY DUFFIE, 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, AMENDING ORDINANCE 1794, AS CODIFIED AT TUKWILA MUNICIPAL CODE 9.28.020, TO FURTHER RESTRICT COMMERCIAL TRUCK PARKING IN RESIDENTIAL NEIGHBORHOODS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT ORDINANCE NO 1810 BE ADOPTED AS READ. MOTION CARRIED (6 -0). MOVED BY MULLET, SECONDED BY DUFFIE, TO AUTHORIZE THE EXPENDITURE OF $53,164.04 (INCLUDES WASHINGTON STATE SALES TAX) FOR THE PURPOSE OF CONSTRUCTING AN EXTENSION OF THE FOSTER POINT WATERLINE. MOTION CARRIED (6 -0). MOVED BY MULLET, SECONDED BY HERNANDEZ, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Bob Noe read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REJECTING THE BID SUBMITTED BY TYDICO, INC. FOR THE 1997 SMALL DRAINAGE PROJECTS. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT RESOLUTION NO 1380 BE APPROVED AS READ* Councilmember Ekberg suggested that Section 2 of the resolution be deleted in its entirety because it is not relevant to the subject o f the resolution. Regular Meeting Minutes September 2, 1997 Page 5 Resol #1380 Rejecting Tydico bid (Cont' d) BID AWARD 1997 small drainage projects awarded to Laser Underground REPORTS Mayor Council *MOTION CARRIED TO APPROVE RESOLUTION 1380 AS AMENDED (6 -0). MOVED BY EKBERG, SECONDED BY LINDER, TO AWARD A CONTRACT TO LASER UNDERGROUND EARTHWORKS IN THE AMOUNT OF $287,998.00 FOR SMALL DRAINAGE PROJECTS IN THE AMOUNT OF $287,998.00 (TOTAL INCLUDES 8.6% WASHINGTON STATE SALES TAX).* Councilmember Mullet explained that although the Utilities Committee discussed this issue, it would be helpful to all Councilmembers if the specific projects were included in the contract. Referring to the vicinity map in the agenda packet (page 67), Shelton named the locations numbered 1 7 of the 1997 Small Drainage Projects: Site #1-- located at 14213 34th Avenue South, along the westerly side of 34th Avenue South; Site #2-- located behind the Denny's Restaurant (currently under construction as Pyramid Point); Site #3-- located at South 130th Street, between 35th Avenue and 37th Avenue, along the south side of the street; Site #4-- located at the intersection of 124th Street and 51st Place South in Allentown; Site #5-- located at 37th Avenue South and South 132nd Site #6-- located on Macadam Road at approximately 135th Street; Site #7-- located at Tukwila Elementary School (the southeast corner of the school's property). *MOTION CARRIED (6 -0). Mayor Rants reported he attended Suburban Cities Board meeting last week where a presentation was made on the various counties wanting to be involved in housing, urban centers, and transit centers that are being set up. Rants said there was an arson fire at the old Nielsen farm site on August 30th. Police and Fire have begun their investigation. Councilmember Duffie reminded everyone to be responsible drivers, especially now that most schools are back in session. He also commented that the School Board will inevitably have to address the issue of overcrowded schools. Councilmember Hernandez announced she now has an e -mail address: CMJOANH AOL.COM. Councilmember Carter expressed how encouraged she was to learn that Larry's Market had recently extended an invitation to the YWCA Regular Meeting Minutes September 2, 1997 Page 6 Reports (Cont'd) Staff City Attorney ADJOURNMENT 8:29 P.M. Employment Services Division's ESL evening class to afford them the opportunity to look into the job market and job application processes. Councilmember Linder announced the Second Annual Free Hamburger at Larry's spree September 6, 11:OOam 2:OOpm. City Administrator McFarland reported there is a slight delay from the original scheduled time of mid July to mid September for the installation of the 5th surveillance camera on Highway 99. He said plans are in the works to fund a 6th camera. Attorney Noe reported Police Officer Bob Abbott is in training to identify and perform lab analysis of marijuana. Noe said the City of Des Moines has been providing this service to the City; however, the court rule requires that a certified lab report be provided 14 days before trial. Many times the samples don't get back in time to meet the court requirements. Officer Abbott will now be able to perform testing and provide live testimony in appropriate trial cases. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO ADJOURN THE MEETING. MOTION CARRIED. cd, Rants, Mayor Celia Square, D uty City Clerk Date Minutes Approved: /a /6 /9 7