Loading...
HomeMy WebLinkAbout2000-02-22 Regular MinutesROLL CALL: OFFICIALS: TUKWILA CITY COUNCIL February 22, 2000 7:00 p.m. Council Chambers City Hall REGULAR MEETING MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE:, Mayor Steven M. Mullet called the Regular Meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. City Clerk Jane Cantu called the roll of Council. Present were Council President Joe Duffle and Councilmembers Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder, David Fenton and Richard Simpson. City Administrator John McFarland; City Attorney Bob Noe; Council Analyst Lucy Lauterbach; City Clerk Jane Cantu; Deputy City Clerk Bob Baker; Finance Director Alan Doerschel; Community Development Director Steve Lancaster and Associate Planner Michael Jenkins. SPECIAL PRESENTATIONS: Tourism and Marketing Progress Report Katherine Kertzman Tourism and Marketing Manager Katherine Kertzman stated the City is experiencing tangible results from the work being put into the Tourism and Marketing program. She presented Council with a packet of information containing a Tukwila Tourism Marketing Report including topics of research, recommendations, infrastructure, media campaign information, public relations information, trade show attendance information, map distribution numbers, networking partners, and projects scheduled for 2000. Of great import to Ms. Kertzman and the City in general, a toll -free telephone number has been established and is operational. The number, 1- 877 TUKWILA, serves as the preferred method by travelers for acquiring information about the area. It is staffed Monday through Friday from 9:00 a.m. to 5:00 p.m. A database has been established which tracks every inquiry relating to tourism and marketing of the area and contains over 1,000 persons intending to visit Tukwila or looking for conference sites. Since a media campaign was established in November, 1999, several paid advertisements have been placed which highlight Tukwila's central location, easy access, value priced hotels, nearby attractions, restaurants and shopping opportunities. Ads have been placed in magazines such as Alaska/Horizon Air In- Flight, Where Magazine, Pacific Northwest Meeting Planners Guide, Pacific Northwest Travel, Washington State Travel Planner and the South County Journal Special Issue "New Millennium Each ads has resulted in several inquiries. City of Tukwila Page 2 of 11 City Council Regular Meeting Minutes February 22, 2000 In closing, Ms. Kertzman noted an Entertainment Guide for Tukwila businesses should be developed and ready for distribution by summer, 2000. APPOINTMENTS: a. Community Police Advisory Board Arthur Rosengren, Position #3; Term expires 03/31/03 Police Captain Craig Westby introduced Arthur Rosengren, who serves on the Highway 99 Action Committee. Hernandez moved; Fenton seconded; to appoint Arthur Rosengren to the Community Police Advisory Board, Position #3, with a term set to expire on 03/31/03. The motion carried 7 -0. Janet Tolland. Position #5: Term expires 03/31/03 Police Captain Craig Westby introduced Janet Tolland, who volunteers at the Neighborhood Resource Center. Hernandez moved; Linder seconded; to appoint Janet Tolland to the Community Police Advisory Board, Position #5, with a term set to expire on 03/31/03. The motion carried 7 -0. b. Library Advisory Board Arthur McCammon Position #1: Term expires 12/31/00 Finance Director Alan Doerschel noted Arthur McCammon was not present. Sharon Kidd, Librarian, was present and pleased to recommend Mr. McCammon for the position. Haggerton moved; Duffie seconded; to appoint Arthur McCammon to the Library Advisory Board, Position #1, with a term set to expire on 12/31/00. The motion carried 7 -0. c. Lodging Tax Advisory Committee Dean Ladines, Hampton Inn, Southcenter Michael Miller, Rainforest Cafe, Southcenter Finance Director Alan Doerschel noted Mr. Ladines was not present yet introduced Michael Miller from the Rainforest Cafe. Mr. Doerschel stated Mr. Miller brings energy, ideas and enthusiasm to the committee. Duffie moved; Fenton seconded; to appoint Dean Ladines and Michael Miller to the Lodging Tax Advisory Committee. The motion carried 7 -0. City of Tukwila Page 3 of 11 City Council Regular Meeting Minutes February 22, 2000 CITIZEN COMMENT /CORRESPONDENCE: None were received. CONSENT AGENDA: a. Approval of Minutes 02 -02 -00 Regular; 02 -14 -00 Special b. Approval of Vouchers 217055- 217336, in the amount of $517,848.14 Duffie moved; Fenton seconded; to approve the consent agenda as presented. The motion carried 7 -0. BID AWARD: Award a contract to L. D. Heaton Associates in the amount of $369,308.00 including tax for a new 1,500 GPM triple combination pumper truck for the Tukwila Fire Department. Hernandez moved; Linder seconded; to award a contract to L. D. Heaton Associates, in the amount of $369,308.00, including tax, for a new 1,500 GPM triple combination pumper truck for the Tukwila Fire Department.* Discussion: Chief Keefe noted the chassis will be built in 2000 and the completed truck will be delivered in January, 2001. The truck will be paid for from budget monies in 2000 and 2001. Further discussion centered on why only one bid was received. The three main reasons for receiving only one bid are: 1) it is a custom job with City of Tukwila specifications; 2) businesses are busy and not "hungry" for additional work; and 3) the truck to be received is standard to the City of Tukwila Fire Department. *The motion carried 7 -0. PUBLIC HEARING: Appeal of Planning Commission's 12/9/99 denial of Request for Reasonable Use Exception to construct home. Appellant: J. A. K., Inc., by Jihad Keirouz. (Closed Record, quasi judicial public hearing) City Attorney Bob Noe began by summarizing the contents of a letter he sent to Council, dated 02- 14 -00, explaining their options after holding this hearing. This is an appeal hearing with no new evidence being allowed. The City Attorney is not required to swear in any parties as Council will only consider evidence, information and testimony previously submitted to the Planning Commission. In the end, Council may: uphold the decision of the Planning Commission; overturn the decision of the Planning Commission and remand the matter; or, enter their own decision on the matter City of Tukwila Page 4 of 11 City Council Regular Meeting Minutes February 22, 2000 Mr. Stanley, the appellant's attorney and Mr. Johns, the City's attorney, each have 15 minutes to argue their case with Mr. Stanley being allowed an additional 5 minutes for rebuttal. Appellant's attorney Tom Stanley, from Mill Creek, appeared on behalf of his client, Jihad Keirouz. Mr. Stanley began by stating the main thrust of this appeal can be reduced to just one issue. That being "was this property a separate parcel at all times or was it a larger, single piece of property that was then subdivided Mr. Stanley felt the staff report for this matter placed the heaviest emphasis on the position that "Mr. Keirouz bought this as a single property and then segregated or subdivided out." Stanley stated the reason this issue is so important is due to the fact the Planning Commission perhaps considered the wrong question when making their decision. The question the Planning Commission focused on was "Can the City of Tukwila, within the large boundaries of the constitutional authority, deny the development of this property under the constitutional rules regarding takings." He said the correct and real question should have been, "should you "Is it a good idea, from a public policy standpoint and does it make sense, based on sound land use planning principles The answer to that, he said, lies within the Tukwila Municipal Code (TMC), not in the State or Federal Constitution. The applicant would like Council to consider the "should you do this" question. Should the Council grant this reasonable use exception in this case based on the criteria found in the TMC? Mr. Stanley then noted the property in question was platted in 1907 as three separate and distinct parcels of land; i.e., lots 12, 13 14. At all times since 1907 there has never been a boundary line adjustment or consolidation of the property lines. The appellant bought lots 12, 13 14, along 33 Avenue South, in Tukwila. Continuing on, Mr. Stanley relayed the property contains nothing more than a drainage swail. It is not a retention/detention pond, river or a stream. Based upon the premise of the statements made on behalf of the appellant, Mr. Stanley asked Council to overturn the decision of the Planning Commission and remand the matter back for presentation of further evidence and consideration. After receiving approval from the City Attorney on each question posed, the City Council asked Mr. Stanley various questions on the appellant's position. Land use attorney Bob Johns, appearing on behalf of the City, explained the reasonable use exception as defined in the TMC. He noted one of the factors which triggered the reasonable request exemption is the property in question is not buildable where it must comply with relation to the sensitive areas ordinance. The sensitive areas ordinance provides for no filling of wetlands or the placement of streams in culverts. The exception, which the applicant wishes to pursue, is to take the reasonable use exception allowing him to fill in the wetland and put the stream in a culvert. One of the constitutional requirements of a governmental agency regulating land issues states that agency may not deny the owner of all economically viable uses of his or her property. The City of Tukwila Page 5 of 11 City Council Regular Meeting Minutes February 22, 2000 reasonable use exception was created in order to avoid that situation; i.e. paying compensation to property owners when they have lost all economic use of the property. Mr. Stanley asserts the applicant in this matter did receive a reasonable economic use and return on his property when one house on two lots was torn down and two were built in its place and later sold. Therefore, it is the opinion of Mr. Johns the City is not required to grant Mr. Keirouz a reasonable use exception in order to avoid violating constitutional rules. To that end, Mr. Johns requested the Council uphold the ruling of the Planning Commission and deny the request for a reasonable use exception. In rebuttal, Mr. Stanley asserted Mr. Johns did not focus on the issue currently before the Council. The issue before the Council at this point, in his words, is "do we satisfy the reasonable use exception criteria in the TMC." He states his client does satisfy the criteria. At 8:20 p.m., Mayor Mullet closed the public hearing and Council asked further questions of Mr. Johns. After which Council began deliberating the issue. All members spoke in favor of the decision of the Planning Commission. Hearing no opposition, Mayor Mullet called for a vote to uphold the decision of the Planning Commission, (denying applicant's request for a reasonable use exemption). The motion carried 7 -0. (8:30 p.m.) Hernandez moved; Duffie seconded; to take a 10- minute recess. The motion carried 7 -0. OLD BUSINESS: a. An ordinance vacating West Marginal Place South, beginning at So. 110 Street and extending approximately 370 feet south, including the cul -de -sac. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS WEST MARGINAL PLACE SOUTH BEGINNING AT SOUTH 110 STREET AND RUNNING APPROXIMATELY 370 FEET SOUTH, INCLUDING THE CUL -DE -SAC; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Haggerton moved; Duffie seconded; to have the proposed ordinance read by title only. The motion carried 7 -0. City Attorney Bob Noe read the title of the proposed ordinance. Haggerton moved; Duffie seconded; to adopt the proposed ordinance as presented. The motion carried 7 -0. APPROVED ORDINANCE #1899 b. An ordinance establishing requirements and regulations for automatic fire alarm systems in new and existing buildings within the City of Tukwila. City of Tukwila Page 6 of 11 City Council Regular Meeting Minutes February 22, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING REQUIREMENTS AND REGULATIONS FOR AUTOMATIC FIRE ALARM SYSTEMS IN NEW AND EXISTING BUILDING WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NO. 1742 PART A; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Hernandez moved; Duffie seconded; to have the proposed ordinance read by title only. The motion carried 7 -0. City Attorney Bob Noe read the title of the proposed ordinance. Hernandez moved; Haggerton seconded; to adopt the proposed ordinance as presented. The motion carried 7 -0. APPROVED ORDINANCE #1900. c. An ordinance establishing requirements and regulations for fire protection systems in new and existing buildings within the City of Tukwila. City Attorney Bob Noe read the title of the proposed ordinance. Hernandez moved; Duffie seconded; to have the proposed ordinance read by title only. The motion carried 7 -0. Haggerton moved; Hernandez seconded; to adopt the proposed ordinance as presented. *The motion carried 7 -0. APPROVED ORDINANCE #1901. NEW BUSINESS: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING REQUIREMENTS AND REGULATIONS FOR FIRE PROTECTION SYSTEMS IN NEW AND EXISTING BUILDINGS WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NOS. 1645 AND 1742 PART B; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE a. An ordinance establishing a six -month moratorium on certain land development activities AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISIHING A SIX -MONTH MORATORIUM ON CERTAIN LAND DEVELOPMENT ACTIVITIES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY Duffie moved; Linder seconded; to have the proposed ordinance read by title only. The motion carried 7 -0. City Attorney Bob Noe read the title of the proposed ordinance. Duffie moved; Carter seconded; to adopt the proposed ordinance as presented.* Hernandez moved; Carter seconded; to amend the 8 Whereas within the proposed ordinance as follows: City of Tukwila Page 7 of 11 City Council Regular Meeting Minutes February 22, 2000 First line: Second line: Second line: Second line: insert "potential" between of and plans strike "effect" and insert "impact" insert after community strike "absent" and insert "without" With the above amendments, the eighth WHEREAS clause would be amended to read as follows: "WHEREAS, the City is aware of potential plans for such a land use which could have a dramatic impact on the community, without Comprehensive Plan, Zoning Code, and development regulations addressing such land use; and" A public hearing must be held within 60 days from the effective date of the currently proposed ordinance. The motion to amend the proposed ordinance as described above carried 7 -0. The main motion to approve the proposed ordinance, as now amended, carried 7 -0. APPROVED ORDINANCE #1902 b. An ordinance making minors' possession of tobacco an infraction. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1363, AS CODIFIED AT TMC 8.80.020, BY ADOPTING BY REFERENCE RCW 70.155.080, MAKING IT AN INFRACTION FOR MINORS TO POSSESS TOBACCO; REPEALING ORDINANCE NO. 1387, SECTION 1; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Duffie moved; Hernandez seconded; to have the proposed ordinance read by title only. The motion carried 7 -0. City Attorney Bob Noe read the title of the proposed ordinance. Haggerton moved; Hernandez seconded; to adopt the proposed ordinance as presented. The motion carried 7 -0. APPROVED ORDINANCE #1903 c. An ordinance relating to minors in possession of alcohol. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TMC 8.03.010 TO ADOPT BY REFERENCE RCW 66.44.270 RELATING TO MINORS IN POSSESSION OF ALCOHOL AND TO INCORPORATE CHANGES IN STATE LAW REGARDING ALCOHOLIC BEVERAGE CONTROL; REPEALING ORDINANCE NOS. 1396 (PART) AND 1677, SECTIONS 3 AND 4, AS CODIFIED AT TMC 8.03.020; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Haggerton moved; Hernandez seconded; to have the proposed ordinance read by title only. The motion carried 7 -0. City of Tukwila Page 8 of 11 City Council Regular Meeting Minutes February 22, 2000 City Attorney Bob Noe read the title of the proposed ordinance. Haggerton moved; Hernandez seconded; to adopt the proposed ordinance as presented. The motion carried 7 -0. APPROVED ORDINANCE #1904 d. An ordinance adopting state law regarding possession of weapons. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TMC 8.10.010 TO ADOPT CHANGES TO STATE LAW PROVISIONS REGARDING THE POSSESSION OF WEAPONS AND ADOPTING BY REFERENCE RCW 9.41.300; REPEALING ORDINANCE NO. 1363, AS CODIFIED AT TMC 8.10.040; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Duffie moved; Hernandez seconded; to have the proposed ordinance read by title only. The motion carried 7 -0. City Attorney Bob Noe read the title of the proposed ordinance. Hernandez moved; Haggerton seconded; to adopt the proposed ordinance as presented. The motion carried 7 -0. APPROVED ORDINANCE #1905 e. An ordinance relating to parking in fire lane violations. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1838, §13, AS CODIFIED AT TMC 16.16.072B, RELATING TO PARKING IN FIRE LANE VIOLATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Hernandez moved; Linder seconded; to have the proposed ordinance read by title only. The motion carried 7 -0. City Attorney Bob Noe read the title of the proposed ordinance. Hernandez moved; Duffie seconded; to adopt the proposed ordinance as presented. The motion carried 7 -0. APPROVED ORDINANCE #1906 f. An ordinance relating to frauds and swindles. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TMC SECTION 8.20.010 RELATING TO FRAUDS AND SWINDLES; REPEALING ORDINANCE NOS. 1363 (PART) AND 1677, SECTION 9, AS CODIFIED AT TMC 8.20.010; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Duffle moved; Haggerton seconded; to have the proposed ordinance read by title only. The motion carried 7 -0. City Attorney Bob Noe read the title of the proposed ordinance. City of Tukwila Page 9 of 11 City Council Regular Meeting Minutes February 22, 2000 Haggerton moved; Duffie seconded; to adopt the proposed ordinance as presented. The motion carried 7 -0. APPROVED ORDINANCE #1907 g. An ordinance including an exemption for non obscene expression to the definition of lewd conduct. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1363, AS CODIFIED AT TMC 8.50.020A.2., TO INCLUDE AN EXEMPTION FOR NON OBSCENE EXPRESSION TO THE DEFINITION OF LEWD CONDUCT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Duffie moved; Haggerton seconded; to have the proposed ordinance read by title only. The motion carried 7 -0. City Attorney Bob Noe read the title of the proposed ordinance. Haggerton moved; Fenton seconded; to adopt the proposed ordinance as presented. *The motion carried 7 -0. APPROVED ORDINANCE /49+B'7' oog h. Authorize Mayor to sign a consultant agreement with ECONorthwest in an amount not to exceed $61,000.00 for economic assistance in preparing and presenting the City's evaluation of the economic and related effects of light rail within Tukwila Fenton moved; Duffie seconded; to authorize the Mayor to sign a consultants agreement with ECONorthwest in an amount not to exceed $61,000.00, for economic assistance in preparing and presenting the City's evaluation of the economic and related effects of light rail with Tukwila. *The motion carried 7 -0. i. An ordinance adopting the 2000 English edition of the WSDOT /APWA standard specifications, supplemental general requirements and boilerplate construction documents AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2000 ENGLISH EDITION OF THE STANDARD SPECIFICATIONS FOR ROAD, BRIDGE AND MUNICIPAL CONSTRUCTION, INCLUDING THE CITY OF TUKWILA SUPPLEMENTAL GENERAL REQUIREMENTS, BOILERPLATE CONSTRUCTION CONTRACT DOCUMENTS, AND INFRASCTRUCTURE DESIGN AND CONSTRUCTION STANDARDS; SETTING NUMBER OF COPIES TO BE HELD FOR PUBLIC REVIEW; REPEALING ORDINANCE NO. 1836; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Haggerton moved; Fenton seconded; to have the proposed ordinance read by title only. The motion carried 7 -0. City Attorney Bob Noe read the title of the proposed ordinance. Haggerton moved; Duffie seconded; to adopt the proposed ordinance as presented. The motion carried 7 -0. APPROVED ORDINANCE 1 9 c 9 City of Tukwila Page 10 of 11 City Council Regular Meeting Minutes February 22, 2000 J• Haggerton moved; Linder seconded; to have the proposed resolution read by title only. The motion carried 7 -0. City Attorney Bob Noe read the title of the proposed resolution. Duffie moved; Carter seconded; to approve resolution as presented. The motion carried 7 -0. APPROVED RESOLUTION #1439 REPORTS: a. Mayor A resolution supporting the Tukwila School District and Highline School District levy elections. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SUPPORTING THE TUKWILA SCHOOL DISTRICT NO. 406 AND THE HIGHLINE SCHOOL DISTRICT NO. 401 SCHOOL PROGRAM LEVY ELECTIONS AND URGING ALL ELIBIBLE VOTERS TO VOTE FOR SCHOOLS IN THE FEBRUARY 29 AND MARCH 14, 2000 SPECIAL ELECTIONS Mayor Mullet informed Council the City has written a letter in support of Senator Patty Murray sponsoring a bill as it relates to the Olympic Pipeline issue. He also advised Council he recently attended a Sound Transit meeting wherein the E -4 route issue was discussed. b. City Council Councilmember Hernandez reported attendance at a 02 -14 -00 Community Affairs and Parks meeting; a 02 -15 -00 REACH meeting and a 02 -16 -00 Suburban Cities Association meeting. She reviewed several key agenda items from each meeting. Councilmember Carter reported attendance at a 02 -16 -00 Suburban Cities Association meeting at the Newcastle Golf Club. She will also attend a 02 -23 -00 Tukwila Community Cares meeting as well as a meeting for the Foster Community Club. Council President Duffie reported attendance at the most recent Finance and Safety Committee meeting in the absence of Councilmember Linder. He also reported attendance at a 02 -17 -00 Taking Care of Kids is Power meeting wherein the official name of the group was changed to Taking Care of Children Is Power to reflect a more positive tone. Next, he spoke of a citizen who came to him regarding the possibility of installing a stop sign in the middle of a block on 144 going west, downhill, between 55 and 56 Council took no action on that item. Councilmember Haggerton attended a 02 -16 -00 Suburban Cities Association meeting. Additionally, he will attend the National League of Cities Convention in Washington D.C., from March 9- 15,2000. City of Tukwila Page 11 of 11 City Council Regular Meeting Minutes February 22, 2000 Councilmember Linder thanked Council President Duffie for attending meetings on her behalf recently. She attended a 02 -16 -00 Joint Recommendations Committee as a Suburban Cities Association representative. She reviewed agenda items from that meeting. Councilmember Fenton reported attendance at a 02 -15 -00 Community Affairs and Parks Committee meeting and also looks forward to a business luncheon with the Mayor on 02- 23 -00, at the Museum of Flight. Councilmember Simpson reported attendance at a 02 -15 -00 Friends of the Library meeting; and a 02 -17 -00 Duwamish Improvement Club meeting. Finally, he noted his intentions to attend an Endangered Species Act meeting on 02- 25 -00. c. Staff City Administrator John McFarland had to leave the meeting and thus, had no report. d. City Attorney City Attorney Bob Noe reported he will be absent from the City February 24 through March 2. ADJOURNMENT: 9:44 p.m. Fenton moved; Duffie seconded; to adjourn the regular meeting. The motion carried 7 -0. t' l' PV` Steven M. Mullet, Mayor Robert H. Baker, CMC, Deputy City Clerk Date Minutes Approved: March 6, 2000