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HomeMy WebLinkAbout1999-12-06 Regular MinutesCALL TO ORDER/PLEDGE OF ALLEGIANCE: Mayor John W. Rants called the regular meeting to order at 7:00 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, Pam Carter, Jim Haggerton and Pamela Linder. Moved by Councilmember Haggerton; seconded by Councilmember Duffie; to excuse the absence of Councilmember Steve Mullet. The motion carried 6 -0. OFFICIALS: City Administrator John McFarland; Assistant City Administrator Rhonda Berry; City Attorney Mike Kenyon; City Clerk Jane Cantu, Council Analyst Lucy Lauterbach; Deputy City Clerk Bob Baker; Public Works Director Jim Morrow; Judge Peter Lukevich; Court Administrator Darlene Heskett; Finance Director Alan Doerschel; Department of Community Development Director Steve Lancaster; Association Planner Deb Ritter; Police Chief Keith Haines; Volunteer Coordinator Roberta Nelson and Crime Prevention Officer Bob Abbott. SPECIAL PRESENTATIONS: TUKWILA CITY COUNCIL December 6, 1999 7:00 p.m. Council Chambers City Hall REGULAR MEETING MINUTES a. Oath of office administered to William (Bill) Devlin, Lateral Hire, Tukwila Police Department Police Chief Haines introduced Mr. Devlin as an experienced officer (three years) with the Maui, Hawaii, Police Department who holds his BS degree is Political Science. The oath of office was administered by Mayor Rants. b. Plaque presented to Bob Comiskey from the Community Oriented Policing Citizens Advisory Board in appreciation for his community oriented policing work in the City. Chief Haines informed the Council Mr. Comiskey has served on the COP Advisory Board for 5 years and is now leaving. In that time, Mr. Comiskey has truly made a difference in shaping Tukwila as it relates to several areas, including police response time on Tukwila International Boulevard; leadership in the Safe Streets project and raising money to support the DARE program. Mr. Richard Simpson presented a plaque to Mr. Comiskey on behalf of the Board, in appreciation for his efforts. City of Tukwila December 6, 1999 City Council Regular Meeting Minutes Page 2 of 10 Mr. Comiskey expressed personal gratitude to various individuals, including Mayor Rants for responding to his prior requests for help. c. Presentation of United Way contribution plaque for departmental excellence. Volunteer Coordinator Roberta Nelson expressed her pride in serving as the Citywide United Way representative. She reported the employees contributed over $19,000.00 and surpassed the employee participation level. To that end, Council President Fenton, presented (one plaque) three awards. The Council's award goes to the Finance Department; the Mayor's award also goes to the Finance Department; and the Administration award goes to the Public Works Shops. Finally, City Administrator McFarland presented an Excellence in Action award to Ms. Nelson for the time, effort put into the project, and the outstanding results achieved as a result thereof. d. Planning Commission Activities Report Planning Commission Chair Bill Arthur and Vice Chair Kathy Stetson distributed a handout of the Commission's achievements in 1999 as well as their goals for 2000. In 1999, the Commission reviewed the comprehensive plan amendment proposals, conducted 24 public hearings on landuse applications (with none being appealed); reviewed the sign code, urban renewal plan, and attended land use law training. In 2000, the Commission intends to develop recommendations to the Council on new Design Review Guidelines, review the Shoreline Master Plan and increase the participation in training opportunities. In closing, Mr. Arthur expressed his gratitude for City staff; especially Michael Jenkins for tireless efforts and willingness to do what it takes to get the job done. Mayor Rants asked Mr. Arthur to relay sincere thanks to those on the Commission. e. State of the Judiciary and Recognition of Municipal Court Volunteers Municipal Court Judge Peter Lukevich began by inviting the Neighborhood Resource Center volunteers to the podium. He introduced Roy Steinauer, Roger Simpson, Mike Fowler; Janet Tullen; Becka Harlan, Alice Jones and Bob Abbott. Along with Mayor Rants, Judge Lukevich presented the Superior Performance Awards to the volunteers for outstanding assistance in 1999. The Judge then informed Council that under the direction of Court Administrator Darlene Heskett, he was extremely fortunate to have an outstanding staff to assist in the daily operations of the Court. He acknowledged the heavy workload each of them carry. Judge Lukevich reported the number of court hearings increased from 17,053 in 1998 to 19,818 in 1999; an average of 101 hearings per court day. Revenues (including the "City Share also increased. The amount received in 1998 was $591,332 ($370,377 City Share) to $725,107 ($460,169 City Share). City of Tukwila City Council Regular Meeting Minutes During the first year of video proceedings, 43,048 charges were processed. estimated savings in jail costs in the amount of $198,489.00. December 6, 1999 Page 3 of 10 This resulted in an The Probation Department was launched on July 20, 1999, with one, 20 -hour per week employee, Mr. Clyde Johnson, serving as Probation Officer. The costs of the program to date have been $5,787.00. Judge Lukevich then spoke in favor of hiring a permanent, part-time probation officer for 2000, one additional clerk to assist in the probation department '/2 time and the front court services area '/2 time as well as to set and impose a $30 to $70 monthly fee for each active probationer to recover expenditures. The area of student traffic court was discussed as were the issues of metal detectors and /or wands potentially being used for increased protection in the Court. Finally, Judge Lukevich informed Council of the Court's goals for 2000, which include, increased courtroom security, formation of student court, further development of the probation department, expanded video proceedings; increase in volunteers; development of an electronic court plan; continued work with professional organizations for the judge and administrator and to retain, train and reward Court staff. Mayor and Council each expressed appreciation for the Judge's efforts and those of the entire staff as well. CITIZEN COMMENT /CORRESPONDENCE: Kathy Stetson. 13258 40 Ave. So.. Tukwila. speaking as a citizen, asked the disposition of the situation on the corner of NW 130 and Marginal Way, as it relates to garbage trucks continually being park there. Mr. McFarland informed Ms. Stetson the City is currently awaiting a Court date from King County Superior Court. Additionally, he advised Ms. Berry was tracking the issue and that she would inform Ms. Stetson of the Court date when we learn that information. CONSENT AGENDA: a. b. c. Approval of Minutes 11/22/99 (Special Meeting) Approval of Vouchers- #215567- 215822 in the amount of $5,327,952.10 Authorize Mayor to sign the Commute Trip Reduction (CTR) Interlocal Agreement (19099- 2001), and the King County Metro Implementation Contract (7 -1 -99 12/31/99). Moved by Councilmember Duffie; seconded by Councilmember Hernandez; to approve the consent agenda as presented. The motion carried 6 -0. PUBLIC HEARINGS: a. Sign Code Amendments to Sections Dealing with Political Signage, freeway Interchange Signage and Off Premises Signage for Public Facilities 7:59 p.m. Mayor Rants opened the public hearing. City of Tukwila December 6, 1999 City Council Regular Meeting Minutes Page 4 of 10 Assistant Planner Deb Ritter addressed the Council. She reminded Council the planning Commission recommended modifications in the areas of political signage, freestanding signage for freeway interchange businesses, off premises permanent signage for public facilities, temporary signage and freestanding signage for large, commercial sites. The Committee of Whole considered the first three of those items at their November 22 meeting and reviewed the proposed amendments in draft ordinance format. There were no questions from Council. CITIZEN COMMENT: None were received. 8:02 p.m. Mayor Rants closed the public hearing. b. An Ordinance Extending the Moratorium on the Filing of Applications for Business Licenses and Development Permits for Food or Drink Establishments Conducting Gambling Activities, Including Social Card Games, Punch Board, or Pull Tabs 8:02 p.m. Mayor Rants opened the public hearing. Steve Lancaster, Department of Community Development Director, addressed the Council on this issue. He reviewed the historical timeline of the moratorium and noted that since this summer, the gaming industry has been working with the Association of Washington Cities (and Counties) to develop legislation that would clarify the ability of jurisdictions to regulate mini casinos via zoning. A draft of the proposed legislation is expected to be presented to the State Legislature sometime in January, 2000. Finally, Mr. Lancaster noted staff is in favor of another extension to the moratorium to expire on July 14, 2000. This will allow additional time for staff review, action and outcome of the State legislation. CITIZEN COMMENT: Steve Jones, Attorney for SBD, Inc., d /b /a the Riverside Casino, reminded Council of his presence at each of the public hearings as it relates to this moratorium. Further, he stated the case has remained status quo over the past one year. He expressed his opinion that the Council has zoning authority and encouraged them to move expeditiously on this matter. Finally, he asked Council to give the Department of Community Development direction to put regulations into place so as not to start at ground zero. Steve Dowen, Riverside owner, spoke in opposition to an extension of the moratorium ordinance. Anna Bernhard agreed clarification is needed and that enough gambling exists in Tukwila and therefore spoke in favor of extending the ordinance. City of Tukwila December 6, 1999 City Council Regular Meeting Minutes Page 5 of 10 Dwight McLean spoke in favor of passing an ordinance which would limit the number of extensions allowed for any one moratorium issue. He asked the Council to come to consensus, decide this issue and do it quickly. City Attorney Mike Kenyon noted that while State law does not provide a specific number of extensions allowed per moratorium; it does note the length of each extension must not exceed six (6) months. 8:16 p.m. Mayor Rants closed the public hearing. OLD BUSINESS: a. An ordinance amending the Tukwila Sign Code dealing with political signage, freeway interchange signage and off premises signage for public facilities. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE TITLE 19, SIGN CODE, TO CLARIFY AND REVISE STANDARDS FOR POLITICAL SIGNAGE; REVISING STANDARDS FOR FREEWAY INTERCHANGE BUSINESS SIGNS AND FOR PERMANENT OFF PREMISES SIGNS; REPEALING ORDINANCE NOS. 1617 §3 (PART), 1770 §72, 1770 §80, 1792, AND 1857 §4; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Moved by Duffie; seconded by Fenton; to have the proposed ordinance read by title only. The motion carried 6 -0. City Attorney Mike Kenyon read the title of the proposed ordinance. Moved by Hernandez; seconded by Fenton; to approve the proposed ordinance as presented. The motion carried 6 -0. APPROVED ORDINANCE #1892 b. An ordinance extending the moratorium on the filing of Applications for Business Licenses and Development Permits for Food or Drink Establishments Conducting Gambling Activities, Including Social Card Games, Punch Board, or Pull Tabs AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON THE FILING OF APPLICATIONS FOR BUSINESS LICENSES AND DEVELOPMENT PERMITS FOR FOOD OR DRINK ESTABLISHMENTS CONDUCTING GAMBLING ACTIVITIES, INCLUDING SOCIAL CARD GAMES, PUNCH BOARDS, OR PULL TABS; DECLARING AN EMERGENCY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Moved by Hernandez; seconded by Fenton; to have the proposed ordinance read by title only. The motion carried 6 -0. City Attorney Mike Kenyon read the title of the proposed ordinance. Moved by Hernandez; seconded by Fenton; to approve the proposed ordinance as presented. City of Tukwila December 6, 1999 City Council Regular Meeting Minutes Page 6 of 10 Discussion ensued. Council President Fenton asked Mr. Lancaster what had been done on this issue since the moratorium began. Mr. Lancaster noted City staff has performed an analysis on potential parking demands and have conducted assessment and policy discussions on the potential locations of businesses. City Attorney Mike Kenyon noted two potential issues which Council may want to consider as an amendment to the main motion. The first, striking the words, "declaring an emergency" from the title of the proposed ordinance and second, striking the words, "effective immediately upon adoption of this ordinance" in Section 2. Moved by Fenton; seconded by Duffie; to amend the main motion by striking the words, "declaring an emergency" from the title of the proposed ordinance and striking the words, "effective immediately upon adoption of this ordinance" in Section 2. The motion to amend the main motion carried 6 -0. The motion carried 6 -0. APPROVED ORDINANCE #1893 c. An ordinance adopting the proposed 2000 budget (discussion only) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE ANNUAL BUDGET OF THE CITY OF TUKWILA FOR THE FISCAL YEAR 2000; PROVDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Finance Director Alan Doerschel noted a list of all changes was contained in the packet for this meeting as they relate to the proposed 2000 budget. Said changes have been through Council or are carry -over items. Mr. Doerschel then informed Council of a recommendations which came from the Finance and Safety Committee. The recommendation is to fund, or partially fund, new, protective floor covering for use in the gymnasium for such events as trade shows and other, like events. The all inclusive cost is approximately $35,000.00 for said flooring (including carts, shipping, sales tax, etc.) Said idea was presented to the Lodging Tax Advisory Board for consideration among the members. There was consensus among those board members to fund one half of the price of the floor. Dave Fenton, as Chair of the Lodging Tax Advisory Board, for the record, wanted it clear he wants to maintain "the integrity of the hotel /motel tax intact." He does not want other City departments feeling there are additional funds available from this board. That is not the intent of the Board. He supports the floor idea as it can be used as perk in renting out the facilities. David Wild, General Manager, Double Tree Guest Suites, Southcenter, introduced himself. He has been a member of the Lodging Tax Advisory Board since its inception. He noted the members of the Board were polled and there was consensus among them that the gymnasium flooring is a good idea and useful when using the facilities for sporting, tradeshow, cultural, and other events. City of Tukwila City Council Regular Meeting Minutes Page 7 of 10 d. A resolution adopting the Financial Planning Model and CIP (discussion only) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2000 -2005 FINANCIAL PLANNING MODEL AND THE CAPITAL IMPROVEMENT PROGRAM FOR GENERAL GOVERNMENT AND THE CITY'S ENTRIPRISE FUNDS Finance Director Alan Doerschel reviewed a list of changes as previously discussed for the proposed 2000 -2005 planning model and capital plan. e. An ordinance increasing the regular property tax levy. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2000, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH SECTION 209 OF SSB 5835; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Moved by Duffie; seconded by Hernandez; to have the proposed ordinance read by title only. The motion carried 6 -0. City Attorney Mike Kenyon read the title of the proposed ordinance. December 6, 1999 Moved by Haggerton; seconded by Linder; to approve the proposed ordinance as presented. The motion carried 6 -0. APPROVED ORDINANCE #1894 f. An ordinance increasing the surface water utility rates for residential and commercial customers beginning January 1, 2000. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REGARDING STORM AND SURFACE WATER RATES AND CHARGES; REPEALING ORDINANCE NO. 1779; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Moved by Duffie; seconded by Fenton; to have the proposed ordinance read by title only. The motion carried 6 -0. City Attorney Mike Kenyon read the title of the proposed ordinance. Moved by Haggerton; seconded by Fenton; to approve the proposed ordinance as presented. The motion carried 6 -0. APPROVED ORDINANCE #1895 g. South King County Neighboring Cities Legislative Priorities City Administrator John McFarland noted the technical work continues as the December 9 breakfast nears. He then distributed a re- worked version of the document and outlined the priority changes. Moved by Carter; seconded by Linder; to accept the position paper on legislative priorities, as presented. The motion carried 6 -0. City of Tukwila December 6, 1999 City Council Regular Meeting Minutes Page 8 of 10 In closing, it was decided Mayor Rants, Councilmember Haggerton and Council President Fenton would attend the breakfast on December 9. NEW BUSINESS: a. Authorize Mayor to sign a contract with the Kenyon Law Firm in the amount of $225,420.00, plus extraordinary expenses for general City Attorney and City Prosecutor services in 2000. Moved by Linder; seconded by Duffie; to authorize the Mayor to sign a contract with the Kenyon Law Firm in the amount of $225,420.00, plus extraordinary expenses for general City Attorney and City Prosecutor services in 2000. Discussion ensued. The Mayor and Councilmembers agreed legal services received by the City have been excellent in the past and are in support of the continued contract. *The motion carried 6 -0. b. Authorize Mayor to sign a contract with Hal B. H. Cooper in the amount of $75,000.00, for engineering consultant services in support of Sound Transit alternatives Moved by Carter; seconded by Duffie; to authorize the Mayor to sign a contract with Hal B. H. Cooper in the amount of $75,000.00, for engineering consultant services in support of Sound Transit alternatives. The motion carried 6 -0. c. Authorize Mayor to sign a contract with Ragsdale Koch Altman, L.L.C., in the amount of $100,000.00, for economic development /Sound Transit Consultant Services Moved by Carter; seconded by Duffie; to authorize the Mayor to sign a contract with Ragsdale Koch Altman, L.L.C., in the amount of $100,000.00, for economic development /Sound Transit Consultant Services. The motion carried 6 -0. d. Authorize Mayor to sign the South County Area Transportation Board (SCATBd) Agreement Moved by Carter; seconded by Linder; to authorize the Mayor to sign the South County Area Transportation Board Agreement. The motion carried 6 -0. REPORTS: a. Mayor No report. City of Tukwila December 6, 1999 City Council Regular Meeting Minutes Page 9 of 10 b. City Council Councilmember Duffle attended the National League of Cities Conference, in Los Angeles, from November 30 through December 4. Councilmember Hernandez attended the joint Arts /Parks Commission meeting on December 1 and the Equity and Diversity Commission meeting on December 2. Draft minutes from that meeting were distributed to Council. Of interest to the group, Someireh Amirfaiz spoke to the group on the history of the Lutheran International Counseling Service which began 12 years ago when immigrants had difficulties finding services for individuals who spoke their native tongue. This group has continually expanded through the years, does charge for services, accept medical coupons and is free to Tukwila residents. Ms. Hernandez reported attendance at the Rainier Symphony on December 5. Moreover, Councilmember Hernandez distributed a Y2K Preparedness brochure. Council President Fenton also attended the Rainier Symphony on December 5. Councilmember Carter noted there was no Transportation Committee meeting this evening. She then reported attendance at the following: Tukwila Community Cares Network Meeting 11/24; Foster High School Site Council 12/1; Equity and Diversity Commission 12/2; Chamber /City Government Affairs Reception 12/6. Ms. Carter is scheduled to attend a December 8 International Community Council meeting. Councilmember Haggerton reported attendance to the National League of Cities Conference of Cities in Los Angeles, from November 30 through December 4. Councilmember Linder reported attendance to the December 1 joint Parks and Arts Commission meeting. She spoke in favor of receiving more verbal reports from each of these commissions as a way of keeping in touch with all the work they are doing. c. City Staff City Administrator John McFarland noted the City is preparing to close on the Phase I properties in association with Tukwila Village. The question of relocation allowance arose and was discussed by Council. For consideration, it was decided the item was to be included on the December 13 agenda. d. City Attorney No report. MISCELLANEOUS: Councilmember Linder was proud to attend a recent function in the Museum of Flight, in Tukwila. 9:17 p.m. Moved by Hernandez; seconded by Carter; to take a short recess and reconvene to executive session. The motion carried 6 -0. City of Tukwila December 6, 1999 City Council Regular Meeting Minutes Page 10 of 10 EXECUTIVE SESSION: Pending Litigation (:30 Minutes) 9:27 p.m. Executive session began. 9:51 p.m. Executive session ended. ADJOURNMENT: 9:51 p.m. MA 0. akk Johr W. Rants, Mayor pcbat 122aLL_____ Robert H. Baker, CMC, Deputy City Clerk Moved by Councilmember Duffie; seconded by Councilmember Carter; to adjourn the executive session, reconvene and adjourn the regular meeting. The motion carried 6 -0. Date Minutes Approved: 12/13/99