HomeMy WebLinkAbout1999-01-19 Regular MinutesCALL TO ORDER/PLEDGE OF ALLEGIANCE:
Mayor John W. Rants called the regular meeting to order at 7:02 p.m. and led the audience in the
Pledge of Allegiance.
ROLL CALL:
City Clerk Jane Cantu called the roll of Council. Present were Council President Dave Fenton
and Councilmembers Joe Duffie, Joan Hernandez, Steve Mullet, Pam Carter, Jim Haggerton and
Pamela Linder.
OFFICIALS:
SPECIAL PRESENTATION:
TUKWILA CITY COUNCIL
January 19, 1999 7:00 p.m.
Council Chambers City Hall
REGULAR MEETING MINUTES
City Administrator John McFarland, Deputy City Administrator Rhonda Berry, City Attorney
Bob Noe, Municipal Court Judge Peter Lukevich, Municipal Court Administrator Darlene
Heskett, City Clerk Jane Cantu, Deputy City Clerk Bob Baker, Council Analyst Lucy
Lauterbach, Public Works Director Ross Earnst, Community Development Director Steve
Lancaster, and Associate Planners Moira Bradshaw and Carol Lumb.
State of the Judiciary Municinal Court Judge Peter M. Lukevich
Speaking approximately one year since his appointment to the Municipal Court bench, Judge
Lukevich set out to report many of the activities which have taken place. He described the
experience thus far as incredible and noted a "whirlwind" of events have already taken place.
These events have taken the Court to new heights and have shaped it into what it is today.
Judge Lukevich began by remarking the Court staff is the "most highly trained and wonderful
group" of people assembled to work in the Court. Under the direction of Court Administrator,
Darlene Heskett, the staff works daily to carry out the duties and requirements. He noted staff is
dedicated and cited a recent example of employees giving of their own time to assist a local -area
Court which had fallen behind in its own workload. They assisted with the processing of
infractions, bail monies and general filing. Tukwila, serving as a mentor Court, saw a need to
assist and addressed that need.
The Judge noted Ms. Heskett worked hard to mesh the staff that has many daily challenges and
forms of challenges from its customers. Customer Service starts with Darlene as the staff leader
and she sets the tone each day regardless of the vulgarity, number of cases, rudeness or pace of
the calendars. Judge Lukevich is the envy of his colleagues relative to staffing.
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City Council Regular Meeting Minutes
Page 2 of 10
January 19, 1999
Judge Lukevich noted the Court was recently audited by a State Auditor and received an
"Excellent" exit review. He asked Council to acknowledge Darlene for her direction and efforts
and offered her a round of applause. He stated she is a member of a team and works with that
team each and every day to achieve these results.
As it relates to technology needs, the Judge noted he has received a personal computer and stated
another has been placed in the Court Office as provided by the Office of the Administrator for
the Courts. A high -speed fax system has also been installed. Additionally, he noted contents of
the home page for the Court should be completed soon.
Tukwila's Municipal Court has been selected as a demonstration project site for the Department
of Adult Corrections to test the concept of a municipality working in conjunction with the
County to video in- custody proceedings. If all goes as scheduled, the system will be tested and
fully operational on February 2, 1999. The technology should reduce jail and transport costs;
increase prisoner security and increase courtroom security.
The City is now using electronic home monitoring as an alternative form of incarceration. It
costs nearly $70 per day to stay at the Regional Justice Facility, in Kent; in addition to an
approximate $125 booking fee. In 1998, the City saved 607 bed days, which equates to nearly
$46,615 worth of cost savings to the City.
Administrative activities are ongoing. There were over 1,000 total filings more in 1998 than in
1997; with over 1,300 violations being charged as a result of those filings. A set of local rules
was published through the State Supreme Court for practitioners statewide. The Judgment and
Sentence forms for DUI and other crimes have been updated. One item added on the form is a
check -mark option blank to recoup administrative processing fees such as public defender costs,
interpreter services and some of the other fees currently incurred by the Court.
Court staff and the judge have completed a total case review and have closed all inactive files.
This involved a review of each and every case file opened. Procedures streamlining pre -trial
motions and pleadings have been established. Attorneys are complimentary on the sense of
structure and process in the Court.
The Court and Police Department have established procedures with regard to no- contact orders,
bail schedules, prisoner transports, confinements, holidays and access to the judge via a pager.
This allows judicial decisions to be made via telephone, which, in turn could save money on
incarceration costs.
Community outreach efforts continue. The judge is a member of the Domestic Violence Task
Force and is involved with the set -up of the Foster High School Traffic Court.
Goals for 1999 have been established and include such items as cross training for staff,
implementation of video proceedings to work to their best ability and recovering outstanding
fines which amount to nearly $2.5 million.
Each City Councilmember was very complimentary of Judge Lukevich, Darlene Heskett and the
entire court staff. Some stated they felt the court had been taken to new level; were impressed
with the Judge's report; and looked forward to further reports.
City of Tukwila
City Council Regular Meeting Minutes
APPOINTMENTS:
Confirmation of Appointment James Morrow Public Works Director
Page 3 of 10
January 19, 1999
By way of closing, Judge Lukevich conducted a brief demonstration on the operational aspects
of the video conferencing equipment in the Courtroom. The equipment shall be used at no
charge, for 90 -days, post installation, set -up and training. If all goes as planned and the pilot
project is successful, the City will then be required to pay for the equipment.
Mayor Rants noted Judge Lukevich has brought a "fresh light" to the Court, as has Darlene. He
noted the clientele actually looks different than they used to after exiting the Courtroom. Mayor
Rants appreciates what the Court does for the City; including the staff which makes it such a
cohesive operation.
Current Public Works Director Ross Earnst was pleased to introduce Mr. James (Jim) Morrow,
new Public Works Director, to begin work with the City on February 2, 1999. Ross was happy
with the appointment of Mr. Morrow and stated they share similar backgrounds. Mr. Morrow
spent some time in the US Navy, Civil Engineer Corp., time with a consulting firm, and some
with various towns and cities.
Mayor Rants noted there were 35 applicants for this position. In time the number was narrowed
to two. The Mayor feels Mr. Morrow will be the best fit for the position and the organization,
staff and community alike.
Mr. Morrow thanked the Mayor and Council for the invitation to attend this meeting for
confirmation of appointment. He is pleased to work for this City and invited questions from
Council.
Council took turns asking miscellaneous questions of Mr. Morrow. Through those questions,
Council learned Mr. Morrow had previously worked for the City of Yorktown, Virginia, and the
Town of Keflavik, Iceland. He has an MS degree in Civil Engineering from the University of
Washington and a BS degree in Mechanical Engineering from Northeastern University.
Moved by Hernandez; seconded by Fenton; to confirm the appointment of James F.
Morrow, as Public Works Director. The motion carried 7 -0.
b. Appointment of Ms. Carol Zuvela Position #3 Civil Service Commission
Councilmember Mullet called Ms. Zuvela forward and stated he is pleased she is willing to
donate her time and energies to the Commission. Mayor Rants also stated he is very pleased and
excited to have Carol on the Commission.
Council asked questions of Ms. Zuvela and welcomed her.
Moved by Mullet; seconded by Duffie to appoint Carol Zuvela to Position #3 of the Civil
Service Commission, with a term to expire on December 31, 2001. The motion carried 7 -0.
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City Council Regular Meeting Minutes
CITIZEN COMMENT:
Page 4 of 10
January 19, 1999
Gene Elfstrom, 5807 So. 144 Tukwila, noted a drainage /irrigation problem in his
neighborhood. This, he thought, was addressed when the homes were being built. He and his
neighbor have waterfalls over concrete blocks into their yards and Mr. Elfstrom's koi pond.
Public Works staff has been notified and visited the site. Mr. McFarland will do follow up with
City staff and the Utilities Committee in response to Gene's request.
Leonard McGhee, Sound Transit, 1100 2nd Ave., Suite 500, Seattle, thanked the City Council
and staff; especially Don Williams, for making it possible to hold the public meeting last
Wednesday, at the Community Center, on the Central Link Rail Project. He was appreciative of
all comments received. He stated the statements were very passionate, concise and impressive.
He acknowledged City staff has been thorough in its review of Sound Transit's work (the draft
EIS) and Sound Transit will put forth the efforts necessary to create the best document possible.
Councilmember Haggerton asked if staff has any influence over the number of directors, from
the board, who attend the public hearings; and if so, would any changes be made. Mr. McGhee
said Sound Transit staff has no control over those who do /do not attend. A court reporter was
present and transcripts were provided to those directors who were unable to attend.
CONSENT AGENDA:
a. Approval of Minutes January 4, 1999, Regular Meeting
b. Approval of Vouchers #209339 209609, in the amount of $1,486,386.92
Moved by Hernandez; seconded by Haggerton, to approve the consent agenda items, as
presented. The motion carried 7 -0.
OLD BUSINESS:
a. An Ordinance Adopting Comprehensive Plan Amendments and an Ordinance
Relating to Zoning Code Amendments
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING THE 1995 COMPREHENSIVE PLAN FOR
THE CITY OF TUKWILA AS ADOPTED BY ORDINANCE 1757 TO
IMPLEMENT RECOMMENDATIONS OF THE PACIFIC HIGHWAY
REVITALIZATION PLAN AND TO IMPROVE THE REVIEW AND
APPROVAL PROCESS FOR ESSENTIAL PUBLIC FACILITIES;
PROVIDING FOR SEVERABLITY; AND ESTABLISHING AN EFFECTIVE
DATE
Moved by Duffie; seconded by Hernandez, to have the proposed ordinance, relating to the
comprehensive plan amendments, read by title only. The motion carried 7 -0.
City Attorney Bob Noe read the proposed ordinance title.
Moved by Duffie; seconded by Carter, to approve the proposed ordinance, relating to
zoning code amendments, as presented.*
City of Tukwila
City Council Regular Meeting Minutes
Discussion:
Councilmember Carter asked Mr. Lancaster to review the bullet items contained in his
memorandum (in Council packet) dated January 12, 1999, to Mayor Rants. Mr. Lancaster did
so. Additionally, Mr. Lancaster stated the two proposed ordinances meet the requirements and
concerns raised by Council as the items were being reviewed.
Councilmember Mullet raised a question concerning the height limitations and pitched roofs.
Mr. Lancaster noted that if a pitched roof is placed on a building, its height is not measured at the
peak of the pitch. Rather, it is measured at the mid point. In essence, a person can go above the
height restriction with the peak.
Council may revisit this issue at any time should they feel the need. There is no requirement to
wait until the annual review process.
Leonard McGhee. Sound Transit, 1100 2 Ave., Suite 500. Seattle. stated Sound Transit has
provided the City Council with a number of comments on the proposed amendments to the
comprehensive plan which pertain particularly to the mass transit facilities and essential public
facilities. Letters have been sent from Sound Transit to the Council. He noted Sound Transit
received a packet from Steve Lancaster in response to their December 10, 1998, letter.
McGhee stated Sound Transit has not had enough time to adequately all materials received from
the City; therefore, Sound Transit requested Council "hold off' adopting any ordinances
pertaining to mass transit facilities or essential public facilities until such time as Sound Transit
has had the time to review the materials and "work with staff' on them.
Continued discussion by Council:
*The motion to adopt the comprehensive plan amendments, as presented,
carried 7 -0. APPROVED ORDINANCE NO. 1864
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON; AMENDING THE CITY ZONING REGULATIONS AND
THE ZONING MAP AS CODIFIED AT TITLE 18 OF THE TUKWILA
MUNICIPAL CODE TO IMPLEMENT THE PACIFIC HIGHWAY
REVITALIZATION PLAN AND ADDRESS THE SITING, DESIGN AND
REVIEW OF ESSENTIAL PUBLIC FACILITIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
City Attorney Bob Noe read the proposed ordinance title.
Page 5 of 10
January 19, 1999
Councilmember Mullet noted that with all due respect to Sound Transit, these are the City's
comprehensive plan amendments and the City's feelings about what should happen in the City.
Moved by Linder; seconded by Council President Fenton, to read the proposed ordinance,
as it relates to zoning code regulation amendments, by title only. The motion carried 7 -0.
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City Council Regular Meeting Minutes
Page 6 of 10
January 19, 1999
Moved by Duffle; seconded by Carter, to approve the proposed ordinance, as it relates to
zoning code regulation amendments, as presented.
Discussion:
Councilmember Mullet sought and received clarification from Mr. Lancaster regarding the
conditional use of park and rides in the NCC (residential /commercial center district) zone. He
indicated he was satisfied with the responses received.
Councilmember Hernandez then noted clerical changes necessary to the proposed ordinances
that include:
-Pg. 34 of the proposed Ordinance un- striking the #7 in the left margin
-Pg. 35 of the proposed Ordinance removing the first two lines on the page.
(The page would begin with "8.
*The motion to adopt the proposed ordinance, as it relates to zoning code regulation
amendments, carried 7 -0. APPROVED ORDINANCE NO. 1865
b. A Resolution Setting Fee Policies for the Recreation Center Program and Classes
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING POLICIES FOR SETTING FEES FOR THE
CITY'S RECREATION PROGRAMS AND CLASSES; AND REPEALING
RESOLUTION 1053.
Moved by Hernandez; seconded by Council President Fenton; to read the proposed
resolution by title only. The motion carried 7 -0.
City Attorney Bob Noe read the resolution title.
Moved by Duffie; seconded by Hernandez; to approve the proposed resolution as read.
Discussion:
Councilmember Carter question the need to insert the word "direct" in three places, on page two
(2), of the proposed resolution. It was agreed clerical changes to insert the word direct would be
made in the following places:
Section 4 B, in front of the word "operating" line 1 of 2
Section 4 B, in front of the word "operating" line 2 of 2
Section 4 I, in front of the word "cost" line 1 of 1
The motion to approve the proposed resolution carried 7 -0. APPROVED RESOLUTION
NO. 1414
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City Council Regular Meeting Minutes January 19, 1999
NEW BUSINESS:
An Ordinance Authorizing Extension of Franchised Use of Public Riaht -of -Way Electric
Li2htwave. inc.. to include Fun Center Wav from Interurban Ave. So. To SW Grady Wav
Moved by Duffie; seconded by Carter, to read the proposed ordinance, by title only. The
motion carried 7 -0.
City Attorney Bob Noe read the proposed ordinance title.
Moved by Mullet; seconded by Linder, to approve the proposed ordinance as presented.
The motion carried 7 -0. APPROVED ORDINANCE NO. 1858
REPORTS:
a. Mayor:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1764, SECTION 1, BY
ADDING PARAGRAPH "K" WHICH AUTHORIZES EXTENSION OF
FRNAHCISED USE OF PUBLIC RIGHT -OF -WAY OF ELECTRIC
LIGHTWAVE, INCORPORATED, TO INCLUDE FUN CENTER WAY
FROM INTERURBAN AVENUE SOUTH TO SW GRADY WAY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE
Mayor congratulated Council on their presentation last Wednesday evening on the light rail
issue. They were articulate, clear and understandable. He wished more Sound Transit
Boardmembers could have been present to hear what was said. The City has until February 25 to
continue in their efforts, continue with the lobbyists and continue to make the issues known and
understood. A marvelous job was done to put Tukwila forth as a united City.
Next, Mayor Rants reported a currently unscheduled meeting with Seattle City Light regarding
the franchises. Mr. Earnst and other City staff will meet to discuss issues surrounding the
franchise agreements.
The Mayor then noted he'll meet with Suburban Cities on Thursday, January 21, 1999. The
Regional Governance and Finance Plan will go before the Growth Management Planning
Council next week. AWC is working with Suburban Cities in the area of Regional Governance
and Finance in attempts to preclude it from ending up in the hands of legislators. They are trying
to negotiate with King County on the issue.
b. Council:
Councilmember Duffie explained Mr. Elfstrom had called him to discuss the issue raised during
citizen comment this evening. Duffie encouraged Elfstrom to attend the meeting to make his
issue known since water has always been an issue at his home.
Next, he reported on the construction of a new school. Samples will be drawn from the soil on
Wednesday, January 20, 1999, to ensure there are no oil leaks from the tanks on site. In
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City Council Regular Meeting Minutes January 19, 1999
connection with this issue, Mr. Duffie anticipates a great problem with parking around the school
when portable classrooms are moved and construction begins.
Councilmember Hernandez attended a Transportation Committee meeting tonight. She reviewed
the agenda and its contents. One item, a proposed ordinance reducing the speed limit on Tukwila
International Boulevard will go before the Committee of Whole on Monday, January 25, 1999.
Additionally, sign options for Tukwila International
Boulevard were reviewed. The minutes from said meeting are forthcoming, therefore, not being
reported in this set of minutes.
The next Transportation Committee meeting is scheduled for February 1, 1999.
Councilmember Fenton attended a January 14 SeaTac City Council joint meeting with Sound
Transit. There were approximately 50 people there and the meeting lasted approximately
:45 minutes.
Also on the January 14, Fenton attended a Lodging Tax Advisory Board meeting held at Tukwila
City Hall. Only four (4) members attended. Mr. Doerschel has been directed to develop the
scope of work and position description for the position of Tourism and Marketing Director.
Mr. Fenton will attend a January 20, 1999, Hot Spots Task Force at CRC. There will also be a
joint meeting with TAC January 20 at 5:30 p.m. He'll attend a January 21 meeting at 2:30 p.m.
with John McFarland and Michael Lewis regarding affordable housing.
Next he reported a telephone call from a citizen regarding garbage on the highway, north of
Bernie and Boys. He believes a "tent city" is being formed in that area. He walked from Bernie
and Boys to the Non -Stop; went into the woods and found sites where large bags of clothing and
paraphernalia were present as well as old fire sites. He has reported this to the Chairman of the
Highway 99 Action Committee and stated this is something the City should look into before it
gets out of hand.
He noted the Council retreat is scheduled for the weekend of January 22 and 23, with the City
Administrator and Mayor arriving to speak on the 23 from 10:00 a.m. to 12:00 p.m. The packet
for that meeting should be completed and distributed January 20.
Fenton said Councilmember Carter has signed up to attend the AWC Legislative Conference on
January 24 and 25. Councilmember Haggerton will also attend. Mayor Rants announced he,
too, will also be in attendance.
Councilmember Mullet had no report.
Councilmember Carter distributed a written memorandum regarding today's SCATBd meeting.
She reviewed the contents of that written memorandum.
Next, she noted her attendance at the Transportation Improvement Board (TIB) meeting on
January 22, in Renton, to discuss what SCATBd is and what the committee does.
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City Council Regular Meeting Minutes January 19, 1999
Councilmember Haggerton attended a January 12 Finance and Safety Committee meeting. He
also attended the Sound Transit meeting on January 13. He thanked those who attended for their
input.
Haggerton attended an ACC Negotiating /Policy Committee meeting on January 14, and will
attend a regular ACC meeting on January 20, at 5:30 p.m.
Councilmember Linder distributed minutes from the most recent Finance and Safety Committee
meeting. She also attended the January 13 Sound Transit meeting and stated she has never been
more proud to be a representative of the City of Tukwila.
Linder went to a January 12 Highway 99 Action Committee meeting where R. L. Segale was the
award winner for January, 1999; which was well deserved.
c. Staff:
City Administrator McFarland reported that sometime last year he and Steve Lancaster met with
representatives from King County Office of Regional Policy and Planning. A group called the
SeaTac Airport Communities Issues project was formed, of which Tukwila is a part. This is an
effort on the part of King County to look at the impacts of the third runway. In connection with
that effort, Tukwila has applied for several grants; some of which have been unsuccessful. One
in particular, which we have not heard the outcome (from the Environmental Protection
Agency), would allow the City funds to do Tukwila International Boulevard general facade
improvement project. Businesses would apply to the City for small grants to assist them in the
improvements to their landscaping, building facades, etc. Council will be informed of the
decision on the grant when it is learned by staff.
The Airport Issues Communities Issues project program has hired Joe Probner to do a study on
the impacts of the third runway to the South King County area cities.
An invoice is due and payable for the Human Services Roundtable. It is unclear if the City
wishes to continue participation in the project and therefore, until such time as the Council
decides weather or not to participate, the bill will not be paid. The item shall be forwarded to the
Community Affairs and Parks Committee for consideration.
Mr. McFarland and Rhonda Berry have completed interviews for the position of Volunteer
Coordinator. Background checks are currently being conducted and a recommendation will be
made to the Mayor in the near future.
McFarland met last week with representatives from Ron Sims' office regarding potential
economic development projects in the City, separate from the Renaissance Project; specifically
getting assistance on affordable housing in our Urban center; on our public /private development
project on Tukwila International Boulevard; continuing to keep focus on the So. 180
undercrossing; ensuring our federal funding is secure; and the disposition of Burlington Northern
Intermodel Access Project. He asked for King County for moral, not financial support on this
issue. King County advised it may be necessary to go to Washington, DC, to lobby the
delegation for some funds, as this is a regional facility with national economic implications in
terms of the freight and goods it carries.
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City Council Regular Meeting Minutes January 19, 1999
Finally, the Director of WCIA is coming to the first Council meeting in February to provide a
briefing on land use liability now that the Baker Commodities issue appears to be behind us.
WCIA represents 84 other jurisdictions statewide and is the largest municipal insurance pool on
the West Coast. Legal Counsel may also accompany the WCIA director.
d. City Attorney:
City Attorney Bob Noe had no report.
MISCELLANEOUS:
Councilmember Duffie noted residents on 57 are complaining about speeders "on the curve"
(147 Mr. McFarland will forward this complaint to the Police Department.
(9:27 p.m.) Moved by Duffie; seconded by Linder, to take a five (5)- minute break before
convening the executive session. The motion carried 7 -0.
EXECUTIVE SESSION:
No action taken.
(10:09 p.m.) Moved by Council President Fenton; seconded by Duffie, to adjourn the
meeting. The motion carried 7 -0.
JohOW. Rants, Mayor
Robert H. Baker, CMC,
Deputy City Clerk
Date Minutes Approved: a/ /99