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HomeMy WebLinkAbout1998-09-08 Regular MinutesTUKWILA CITY COUNCIL September 8, 1998 7:00 p.m. Council Chambers City Hall REGULAR MEETING MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE: Mayor Wally Rants called the regular meeting to order at 7:04 p.m., in Council Chambers, City Hall, and led the Pledge of Allegiance. ROLL CALL: City Clerk Jane Cantu called the roll. Present were Councilmembers Joe Duffie, Joan Hernandez, Council President Pamela Linder, Jim Haggerton and Dave Fenton. Councilmember Duffie moved; Hernandez seconded, to excuse Councilmembers Mullet and Carter. The motion carried 5 -0. Immediately thereafter, Councilmember Mullet showed. OFFICIALS: John McFarland, City Administrator; Bob Noe, City Attorney; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Ross Earnst, Public Works Director; and Alan Doerschel, Finance Director. SPECIAL PRESENTATION: Police Chief Haines introduced new, entry -level police officers Josh McClure and Tim Snyder. Josh served as an Edmonds Police Reserve and is a graduate of Shoreline Community College. He is a sports enthusiast. Tim is a graduate of Central Washington University and holds a BA in Law Justice. He loves the outdoors. Mayor Rants then administered oaths of office to McClure and Snyder. Councilmember Pam Carter arrived during the special presentation. CITIZEN COMMENT: No comments were received. CONSENT AGENDA: a. Approval of Minutes August 10 Special Meeting, August 17 Regular Meeting and August 24 Special Meeting b. Annroval of Vouchers No. 207078 207290 in the amount of 5387.233.88 c. Accent as complete the 51st Ave. So. Bridge Replacement Proiect with Kiewit Construction Company: Authorizing the Release of Retainage. Total cost of nroiect $1.791.447.61. Councilmember Duffie moved; Fenton seconded, approval of consent agenda items as presented. The motion carried 7 -0. City of Tukwila City Council Regular Meeting Minutes September 8, 1998 PUBLIC HEARINGS: a. A public hearing regarding Ordinance 1847. providing for an administrative anneal of Tyne 1 decisions. Said hearing_ is reauired within 60 day s of ordinance adoption (August 10. 19981. Mayor Rants declared the public hearing open at 7:10 p.m. Page 2 of 8 City Attorney Bob Noe provided background to Council and the audience regarding this ordinance. No citizen comment or additional staff reports were received. Councilmember Duffie moved; Hernandez seconded, the ordinance be read by title only. City Attorney Noe informed Council the ordinance had been previously adopted and no reading is required. Councilmember Mullet moved; Council President Linder seconded, to strike Councilmember Duffie's motion to read the ordinance by title only. The motion carried 7 -0. The hearing was held as required with no comments being received in writing or verbally. The ordinance therefore stands as adopted August 10, 1998. Mayor Rants declared the public hearing closed at 7:14 p.m. b. Foster Heights Subdivision A preliminary plat, subdividing four parcels. totaling 3.14 acres into 16 single family lots, including streets, sidewalks, utilities and pedestrian path in the Low Density Residential District; 6,500 square -foot minimum lot size. located at So. 146th St. and 51st Ave. So. Mayor Rants declared the public hearing open at 7:15 p.m. City Attorney Noe briefly addressed the Council and administered an oath to those who would testify in this matter. Sworn were Senior Planner, Jack Pace; Assistant Planner, Carol Lumb, adjacent property owner John Muth and Shupe Holmberg. City Attorney Noe continued by reviewing the decisional criteria required in this hearing. Finally, he questioned the Council, if they had ex parte communication with anyone regarding this matter. All answers were in the negative. Carol Lumb then addressed the Council. She provided an overview of the project and a summary of the items contained in the staff report. She noted a public hearing was held on July 14, 1998, regarding this subdivision. Further, public notice was mailed on August 21, 1998, regarding this public hearing. No written comments were received. City of Tukwila Page 3 of 8 City Council Regular Meeting Minutes September 8, 1998 Ms. Lumb noted staff determined the plat met the requirements with one exception. Rather than to require sidewalks on both sides of the road, the developer could install sidewalks on the left side of the road, post development. She then stated staff recommends Council adopt the findings and conclusions of the staff report and approve the preliminary plat as proposed, with conditions; and allow the applicant to develop construction plans and specifications and to prepare a final plat. The conditions proposed, are as follows: 1. The bioswale shall be located out of the City right -of -way but may be located in an easement granted to the City. Any retaining structure needed to create the bioswale area shall not be located in the easement granted to the City. 2. The pedestrian connection to 51st Ave. So. shall be constructed to City standards and illuminated. Drainage improvements are required to protect the pedestrian connection from excess roadway drainage 3. The upper westerly road shall have a profile that will optimize access opportunities for the parcel to the west of the proposed plan. Councilmembers sought clarification on several items from Ms. Lumb, Mr. Pace and City Engineer Brian Shelton. Topics included number of attendees at the public meeting in July, areas of concerned raised by the public at that meeting, access of 51st; pedestrian pathways, topography, through- roads, location of bioswales, fencing, buffers and cul -de -sac size length. Mr. John Muth (previously sworn) owns the bonsai nursery. He noted his concern regarding fencing was previously considered. He then spoke of commercial trucks being allowed to access the back location of his property on residential streets for the delivery of bark and soil, on a limited basis. Mayor Rants spoke against such use. Mr. Shupe Holmberg (previously sworn) thanked City staff and noted they have worked well together. Mayor Rants declared the public hearing closed at 7:39 p.m. Councilmember discussion/deliberation ensued. Councilmember Mullet noted his concern regarding use of gravel on the pedestrian pathway may be unsafe. He would like to see this issue re- worked. Councilmember Carter concurred. She also stated she has a concern with sight distance on that hill. She stated her appreciation this project is community- oriented. Councilmember Duffie moved; Hernandez seconded, approval of the preliminary plat as proposed, with the conditions previously mentioned. The motion carried 7 -0. City of Tukwila Page 4 of 8 City Council Regular Meeting Minutes September 8, 1998 OLD BUSINESS: An ordinance Extending Current Curfew Regulations AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1771 AND 1811 AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.75, "CURFEW FOR MINORS EXTENDING THE EXPIRATION DATE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Moved by Council President Linder; seconded by Hernandez, the ordinance be read by title only. The motion carried 7 -0. City Attorney Noe read the ordinance title. Moved by Haggerton; seconded by Fenton, to adopt the ordinance.* Discussion ensued. Mayor Rants was asked by a citizen and is asking the Council why this item is being reviewed on a yearly basis. Responding Councilmembers agreed a yearly review is the best action to take. Councilmember Fenton noted the police department has new software which will now allow the Council to compare crime statistics "apples to apples on a yearly basis; an opportunity they have not had in the past. Council consensus existed to remove the date from page one, paragraph B, of the ordinance. City Attorney Noe confirmed the date is not required within the ordinance. *The motion carried 7 -0. APPROVED ORDINANCE NO. 1849. b. Foster Point Traffic Alternatives Councilmember Duffie started by noting he is paid to listen to the citizens of the City. He knows there is a problem in the Foster Point area and stated the decision to close the roads is not an easy one. Moved by Duffie; seconded by Hernandez, for discussion purposes only, to close 56th and 57th on a one -year, temporary basis, and to re -visit the issue at such time to determine if it is the best course of action or whether other actions may be necessary.* Councilmember Hernandez stated this area is not new to problems. She stated people may use the residents' driveways as turn arounds when they realize these are no longer through- streets. The residents must be prepared for this. She also noted speed bumps may warrant consideration in the future. Ms. Hernandez then expressed concern over the potential use of a chain versus some other method to close off the road. Her fear is that trucks may try to go through the chain. Council President Linder spoke against closing the road and stated speed bumps should be considered. City of Tukwila City Council Regular Meeting Minutes September 8, 1998 Page 5 of 8 Councilmember Mullet noted Council has listened to the community and safety is a concern. He noted he does not like to close roads, but feels that in terms of budgets, the City would spend fewer dollars if the roads were closed on a temporary basis. Councilmember Carter noted no good solution exists. This is a real problem. And, the road closure could, potentially, create more problems. The use of broad humps, by the City of Bellevue, was discussed briefly, as was their positive results in slowing the traffic. She said the temporary closure makes a certain amount of sense. Councilmember Haggerton would like to see what affects a new bridge in the area would create. He does not believe speed humps will curtail the speeders. He is in favor of the road closures and putting up something stronger than a chain to prevent the road being used as a through street. Council President noted barricades are not allowed and therefore not an option. Councilmember Fenton spoke against speed bumps as they, in effect, penalize the residents. Closure of the streets, in his opinion, is the quickest way to proceed. He also noted challenges will present themselves for the residents in the area who want the streets closed. Mayor Rants noted he and the Council want to do what is in the best interest of the community. He spoke against speed bumps. He noted the temporary closure would provide Council with an opportunity to study the ramifications, impacts, etc. *The motion carried 6 -1. Council President Linder voted no. Discussion ensued among staff and Council regarding the signage requirements and advertising of the road closure. Staff will work closely together to ensure all legal requirements are met. Joanne McManus, 5610 So. 133rd, thanked the Council and all who came and listened, kept an open mind and now contribute to the reduction of crime in her area and keeping the children safe. c. An Ordinance Prohibiting Feeding of Wildlife At Parks Within the City AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 12.08, PARK RULES AND REGULATIONS, TO MAKE IT UNLAWFUL TO FEED ANY ANIMAL IN ANY PARK WITHIN THE CITY; REPEALING ORDINANCE NOS. 814, 1438, 1458, AND 1799; PROVIDING FOR SEVER ABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Moved by Duffle; seconded by Haggerton, to read the ordinance by title only. The motion carried 7 -0. City Attorney Noe read the title of the ordinance. Moved by Duffle; seconded by Carter, to adopt the ordinance as presented.* City of Tukwila Page 6 of 8 City Council Regular Meeting Minutes September 8, 1998 Discussion ensued. Councilmember Hernandez, after reviewing the ordinance, questioned the legality of fishing in Tukwila parks. Attorney Noe stated fishing is only prohibited in the Tukwila Pond Park. Councilmember Carter began to suggest an amendment when other discussions about the ordinance evolved. Moved by Fenton; seconded by Duffie, to refer the item back to the Community Parks Committee. The motion carried 7 -0. REPORTS: a. Mayor Mayor Rants will attend a Regional Governance and Finance briefing on September 9. On September 10, he'll have a lunch with Senator Patterson. She is a member of the Growth Management Committee in Olympia, and wanted him briefed on the issue. A presentation will be made next week regarding the results of our adherence to the Growth Management Act. b. City Council Councilmember Duffie stated all cars speed their way down Interurban Avenue. He is concerned some have lost sight of the need for action/help on Interurban. Councilmember Hernandez attended an Equity and Diversity Commission meeting on September 3. A chair and vice chair were chosen at that meeting and a copy of those minutes was distributed. She'll attend a Suburban Cities meeting on September 9, at North Bend. She attended tonight's Finance and Safety committee. Finally, she reported a Community Center Arts and Crafts Bazaar set for October 4, 1998. Councilmember Mullet attended a Part 150 meeting at SeaTac. Noise in our City is an issue and will be addressed further in the future. He agreed with Joe's thought that Interurban does need some help. Councilmember Carter has been pursuing the police firing range issue. She spoke with the Police Athletic Association and the Seattle Police Athletic Association who own a little of the property. It is their firing range. She has also spoken with Seattle and Renton who use the range. She informed them it is a possible site for a maintenance and operation facility for the light rail. She attended the garbage meeting last week where citizen vote was unanimous for mandatory pickup. She attended an ACC meeting today for Councilmember Haggerton. Much of the meeting was executive session. One item she reported on, however, was the approval of position descriptions for Executive Director and Administrative Assistant. She reminded the ACC they'll need to meet with Council in executive session. That may take place in October. She attended the Tukwila Community Cares Network meeting. The committee will evaluate how they are doing, how better to communicate with the public and how else to involve the public in the goals City of Tukwila City Council Regular Meeting Minutes September 8, 1998 of the group. Finally, she was invited to attend a Stay -In- School Conference that King County Y's will sponsor, late in October, at our Community Center. Councilmember Haggerton reported on this evenings Finance Committee meeting. He spoke of the urgent need for another Permit Tech. II in the Department of Community Development. Moved by Haggerton; seconded by Fenton, that the City of Tukwila hire one additional, new Permit Technician II, for the Department of Community Development.* Discussion ensued. The position is very much needed to assist with the volume and workload of the department/division. Councilmember Mullet questioned the process of placing items on the agenda immediately after going through committee. The process was discussed. *The motion carried 7 -0. Page 7 of 8 Councilmember Haggerton is of the opinion ESHB 1724 is not working and is actually bogging the system. He then reported on each item from the agenda. Items discussed were commercial parking tax, Council stipends and benefits and hotel /motel tax worksheets. These items are to be brought before the C. O. W. Although minutes from the Finance meeting will be available in the very near future, Councilmember Haggerton noted Alan Doerschel, Finance Director, reported that at just one commercial parking lot (156th), charging a $1.00 per parking transaction, would generate approximately $36,000.00 annually; and a tax of 5% would generate approximately $83,500.00 annually. Councilmember Haggerton noted the hotel /motel tax issue will also be discussed at the C. O. W. meeting. Council President Linder noted the City's intention to go in with the City of SeaTac due to the fact we are members of the same Chamber of Commerce. If SeaTac elects not to proceed with the City of Tukwila, a conflict of interest may arise. She'll be in contact with members of the SeaTac City Council. It was agreed no other details would be discussed this evening. The item is to appear on the September 14, 1998, C. O. W. agenda. Councilmember Duffie sought clarification to the parking tax. Councilmember Haggerton relayed the fee would only be charged in commercial parking lots. Councilmember Fenton attended the Foster High School Site Council meeting on August 26 with Councilmembers Carter and Mullet. A new program was discussed regarding a Coalition of Essential Schools. It looks like a program which will benefit the students at Foster High. Councilmember Mullet noted the current figure of students at Foster is 730. There are many students staying in the neighborhoods. No out of district students have been accepted for the last two or three years. Councilmember Duffie noted Tukwila enrollment is up to 385. City of Tukwila Page 8 of 8 City Council Regular Meeting Minutes September 8, 1998 c. City Administrator Mr. McFarland had no report. d. City Attorney Mr. Noe had no report. e. Intergovernmental No report. MISCELLANEOUS: Council President Linder reported she will sit at a table this weekend for Elda Behm's Botanical Garden. Elda is 84 years old and owns an acre on 160th and 9th Avenue, in Burien. The Port is taking her property whether or not a third runway is constructed. She is scheduled to be bought out at the end of this fall. A proposal exists which would turn her property into a botanical garden. Some property will be bought, but donations are necessary, in advance, to show the Port enough interest exists to do such a thing. Some Port Commissioners have already given money to this foundation. Pam knows Elda and said she would love to do it. Moved by Councilmember Duffle; second by Carter, to adjourn the regular meeting to executive session (:45 minutes approximate) at 8:52 p.m. The motion carried 7 -0. EXECUTIVE SESSION: Moved by Councilmember Mullet; second by Fenton, to extend executive session :10 minutes. The motion carried 7 -0. Moved by Councilmember Fenton; second by Carter, to close executive session at 9:57 p.m. The motion carried 7 -0. No action occurred as a result of the executive session. ADJOURNMENT: Having no other business to come before the Council, the meeting was adjourned at 9:57 p.m. Johr v (4,6,) ,o,,,,,,,z Rants, Mayor Robert H. Baker, Deputy City Clerk Date Minutes Approved: q 21 /98 /4 /5a.11A,--