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HomeMy WebLinkAbout2011-11-07 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES REGULAR MEETING CALL TO ORDER /PLEDGE OF ALLEGIANCE /ROLL CALL Regular Meeting November 7, 2011 7:00 P.M. Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Shelley Kerslake, City Attorney; Jack Pace, Community Development Director; Bob Giberson, Public Works Director; Peggy McCarthy, Interim Finance Director; Jennifer Ferrer Santa -Ines, Senior Fiscal Coordinator; Mike Villa, Police Chief; Derek Speck, Economic Development Administrator; Mary Miotke, IT Director; Christy O'Flaherty, City Clerk. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Dennis Robertson, Verna Seal, Kathy Hougardy and De'Sean Quinn. MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO EXCUSE COUNCIL PRESIDENT EKBERG FROM THE MEETING. MOTION CARRIED 6 -0. CITIZEN COMMENTS Fred Eastland, 12242 48 Avenue South, read from a prepared statement that was distributed to the Council regarding the inability to get a permit to place an upgraded mobile home where an older singlewide currently resides. New regulations put in place in 2005 to stop shotgun houses on 3,000 square foot lots make the roof pitch and front door placement of the mobile home problematic, such that the City cannot issue a permit. Mr. Eastland explained that they lost their big brick home, and health, employment and financial constraints have made this an extreme situation for them. They have used their 401 K to purchase the mobile home, and need this matter resolved by November 11 or the seller will revert back to active status on the unit. They are seeking the Council's assistance with this matter. Sharon Eastland, 12242 48 Avenue South, begged the Council for assistance in putting a decent home on their property. Both she and her husband have serious health issues and minimal financial means. The mobile home they currently live in has no heat and no stove and is in disrepair. The mobile home they want to put on the property will provide a decent home for them and improve the neighborhood. She does not understand how a roof pitch of 2 inches and door placement can be the reason for them not to have a suitable home. She pleaded for assistance in finding a solution. Laurie Jenkins, 12235 49` Avenue South, expressed that she is struggling with why the Eastlands may not be permitted to have a decent, safe and sanitary home that improves the appearance of the neighborhood. She asked for a common sense decision that would do the right thing for real people and would also improve the Allentown area. Jack Pace, Community Development Director, explained that in 2005 the residential standards were changed. While there is a process for exceptions that is similar to a variance, there are specific criteria that must be met. Mr. Pace met with the Eastlands on two occasions, and it was clear the criteria could not be met due to the expenses involved. Mr. Pace did not want to charge them the fees associated with applying for a variance when he knew the criteria could not be met. Lack of financial means to meet the criteria is not a legal basis for the Director of Community Development to waive the criteria and issue a permit. If the Council decided to change the code, the process would take more time than the Eastlands have to find a solution. Tukwila City Council Regular Meeting Minutes November 7, 2011 Page 2 of 6 The Councilmembers asked questions of Mr. Pace and exchanged comments about options for consideration. MOVED BY HERNANDEZ, SECONDED BY SEAL TO WAIVE THE SPECIAL EXEMPTION OR VARIANCE FEES FOR THIS ISSUE IN AN EFFORT TO REVIEW OPTIONS, MOTION CARRIED 6 -0. Concern was expressed that if the Council needed to take any kind of legislative action, it would be too late to provide a possible solution for the Eastlands. Shelley Kerslake, City Attorney, relayed that options will be considered that may not require a legislative change. Staff and the City Attorney will look into this matter and report back to the Council. Marie Parrish, 4430 South 150 Street, recently attended an event for Building Resilient Children for Brighter Futures. It was emphasized at the event that a supportive community is important in helping children deal with adversity. As the City looks at the budget, in her view, it is important to recognize not only police and fire as essential services, but also human services and parks and recreation. Kate Kruller, 3227 South 137 Street, relayed that she attended the recent Metropolitan Park District (MPD) meeting and was told by an official that she could not wear a button the size of a business card on City property. She relayed that is not correct, and from her standpoint, training is needed when it comes to advising people on matters involving constitutional rights regarding freedom of speech. Additionally, when it comes to MPD meetings, it should be the Chair of the meeting that addresses issues of this nature unless it is outside or during a break. Mayor Haggerton conveyed that he was the person involved in this matter. Since there was campaign literature on the table, he addressed his concern about campaigning in a City facility prior to the beginning of the meeting in what he felt was a quiet manner. He has a responsibility to uphold Washington State laws that disallow campaigning in City facilities. CONSENT AGENDA a. Approval of Minutes: 10/17/11 (Regular Mtg.); 10/24/11 (Special Mtg.) b. Approval of Vouchers #358824 #358940 and #111101 in the amount of $572,770.93 MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 6 -0. UNFINISHED BUSINESS a. An ordinance repealing Ordinance No. 2332 and amending Ordinance No. 2287 to modify the definition of Crisis Diversion Facilities. MOVED BY SEAL, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2332; AMENDING ORDINANCE NO. 2287, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06, TO MODIFY THE DEFINITION OF CRISIS DIVERSION FACILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0, TO ADOPT ORDINANCE NUMBER 2353. Tukwila City Council Regular Meeting Minutes November 7, 2011 Page 3 of 6 b. Authorize the Mayor to sign an agreement with the Washington State Department of Transportation for the Commute Trip Reduction Program in the amount of $74,205.00 (financed through grant funds). MOVED BY HERNANDEZ, SECONDED BY QUINN TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE COMMUTE TRIP REDUCTION PROGRAM IN THE AMOUNT OF $74,205.00. MOTION CARRIED 6 -0. c. An ordinance revising the City limits to include a half street right -of -way for 53rd Avenue South that currently resides in unincorporated King County. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REVISING THE CITY LIMITS TO INCLUDE A HALF STREET RIGHT -OF -WAY FOR 53 AVENUE SOUTH THAT CURRENTLY RESIDES IN UNINCORPORATED KING COUNTY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. 7:40 p.m. Councilmember Quinn recused himself and left the Council Chambers. MOVED BY HERNANDEZ, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 5 -0 (QUINN RECUSED and EKBERG ABSENT), TO ADOPT ORDINANCE NUMBER 2354. 7All p.m. Councilmember Quinn returned to the Council Chambers. d. An ordinance amending various ordinances regarding business licenses and regulations. MOVED BY HOUGARDY, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 5, "BUSINESS LICENSES AND REGULATIONS," TO UPDATE THE ISSUING DEPARTMENT; REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.32, "TRAILER PARKS;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HOUGARDY, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0, TO ADOPT ORDINANCE NUMBER 2355. e. An ordinance creating a simplified combined business license fee structure. MOVED BY HOUGARDY, SECONDED BY QUINN THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2333 AND 2315, AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 5.04, "LICENSES GENERALLY," TO REVISE AND MOVE PARTS OF TMC CHAPTER 5.62 INTO CHAPTER 5.04 TO CREATE A SIMPLIFIED COMBINED BUSINESS LICENSE FEE STRUCTURE, AND TO EXEMPT QUALIFIED COURT INTERPRETERS FROM THE COMBINED BUSINESS LICENSE FEE; REPEALING ORDINANCE NO. 2297 AND Tukwila City Council Regular Meeting Minutes November 7, 2011 Page 4 of 6 ORDINANCE NO. 2333 §10, §11 AND §12, THEREBY ELIMINATING TMC CHAPTER 5.62; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Lynn Wallace, President of the Southwest King County Chamber of Commerce, thanked the City for simplifying the process and requested the current system remain in place for 2012. She suggested an advisory task force be developed with the business community to create a better system for 2013. Some businesses could see a 21 increase, and they would like to see the system refined so it will not overburden any Tukwila businesses. MOVED BY HOUGARDY, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* The Councilmembers exchanged comments acknowledging that this change has been ongoing for some time, and it can be modified in the future if needed. Jennifer Ferrer Santa -Ines, Senior Fiscal Coordinator, provided an overview of the outreach to businesses prior to this process being developed. Ms. Santa -Ines explained that all licensed businesses (2200 were sent a direct mailing and given an opportunity to comment. Additionally, inserts were put in utility billings and information was posted on the City's website. The Boeing Company, which would be affected by the change, was also contacted directly, and approximately one month ago a presentation was given to the Chamber of Commerce. Mayor Haggerton thanked Ms. Wallace for her comments and relayed that he wrote a letter to the Chamber in response to their concerns. Due to the business licensing timelines, it is necessary to implement the established process. *MOTION CARRIED 6 -0, TO ADOPT ORDINANCE NUMBER 2356. f. A resolution authorizing the cancellation of outstanding General Fund claims and payroll checks, Municipal Court checks, Foster Golf checks, and equipment rental claims checks. MOVED BY HOUGARDY, SECONDED BY HERNANDEZ THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE CANCELLATION OF OUTSTANDING GENERAL FUND CLAIMS AND PAYROLL CHECKS, MUNICIPAL COURT CHECKS, 411 FUND FOSTER GOLF PAYROLL CHECKS, AND 501 FUND EQUIPMENT RENTAL CLAIMS CHECKS. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0, TO ADOPT RESOLUTION NUMBER 1749. g. An ordinance to fix the amount of compensation at the current level (2011) for Councilmembers through 2015. MOVED BY HOUGARDY, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 2.05 TO FIX THE AMOUNT OF COMPENSATION AT THE CURRENT LEVEL (2011) FOR COUNCILMEMBERS THROUGH 2015; REPEALING ORDINANCE NO. 2192; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Tukwila City Council Regular Meeting Minutes November 7, 2011 Page 5 of 6 MOVED BY SEAL, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* The annual stipend of the Council is currently $12,600 annually and has been at that level since at least 2005. The Tukwila stipend is right in the middle of the average for the Valley Communication cities (Auburn, Federal Way, Kent, Renton). *MOTION CARRIED 6 -0, TO ADOPT ORDINANCE NUMBER 2357. REPORTS a. Mayor Mayor Haggerton reported that he has received notification from Seattle Jaycees Bingo that they will be going out of business. They had been given a waiver to the gambling ordinance in exchange for donations to various human services needs in the City. Their closure will represent a loss in human services funding for the community. In 2011 -2012 the Seattle Jaycees made donations as follows: Foster High School $5,652 Starfire Sports $3,000 Showalter Middle School $1,200 Breast Cancer Resource $3,300 Somali Community Coalition $5,652 St. Thomas Church $1,500 Additionally, the Mayor reported that he has been notified that U.S. Transportation Secretary Ray LaHood awarded $7.9 million for the Washington Department of Transportation (WSDOT) to construct a new station in Tukwila replacing the current, temporary wooden structure and creating enhanced intermodal and parking facilities. The station currently serves Amtrak and Sounder trains. Secretary LaHood has encouraged Congress to pass the transportation piece of the American Jobs Act, which would fund badly needed projects in Washington State and around the country and put thousands of Americans back to work. The Mayor attended a ribbon cutting event at Cafe Tazza D' Amour at the entrance to Tukwila Trading Company. Also, the Mayor will be the Chair of a regional services subcommittee regarding a King County Emergency Services Levy that will be put before voters in 2013. The Mayor provided a reminder about the November 11, 2011 Veterans' Day event at the Museum of Flight in Tukwila. The program will begin at 1:00 p.m. b. City Council Councilmember Duffie reported that there will be Veterans' Day events at the local schools. On Wednesday, November 9, 2011, Showalter Middle School has an event at 8:20 a.m.; the Tukwila Elementary School event is at 9:00 a.m.; and the Cascade View event is at 9:15 a.m. Councilmember Duffie will participate in the color guard at the Museum of Flight ceremony. Councilmember Hernandez attended the October 27, 2011 Somali Cultural Awareness event. She also attended the November 1, 2011 Tukwila Government Affairs Committee meeting and the November 3, 2011 Equity and Diversity Commission meeting. Ms. Hernandez reported that foster homes are needed for immigrant children. Councilmember Seal attended the National Immigrant Integration Conference and will make the handouts available to the Council. She also attended the recent Building Resilient Children for Brighter Futures event and emphasized that the Tukwila Police Department is very involved in working with children who are victims of domestic violence. Community support and programs are essential to at -risk youth. Councilmember Hougardy attended the ribbon cutting event at Cafe Tazza D' Amour at the entrance to Tukwila Trading Company. Tukwila City Council Regular Meeting Minutes November 7, 2011 c. Staff There was no report. d. City Attorney There was no report. e. Intergovernmental The Council Analyst is not required to attend Regular Meetings. MISCELLANEOUS Page 6 of 6 Councilmember Hernandez referenced policies at the Tukwila Community Center regarding serving of alcohol that the City may want to review. A recent event that would have been hosted at the Tukwila Community Center went to a different venue due to those policies. Additionally, with regard to the Metropolitan Park District (MPD), she suggested there be a discussion as it relates to rental policies. Councilmember Seal, as Clerk of the MPD Board, indicated she would look into this issue. Mayor Haggerton expressed that he did not intend anything personal when he addressed the issue of campaigning at City facilities. He has addressed the issue in other instances with other individuals in a similar fashion. ADJOURNMENT 8:17 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 6 -0. Ji ggerton, a Christy O'Flaherty,'City C'(erk APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR: 11/21/11 AVAILABLE ON CITY WEBSITE: 11/22/11