Loading...
HomeMy WebLinkAbout2002-06-24 Committee of the Whole MinutesOFFICIALS: PUBLIC HEARINGS: TUKWILA CITY COUNCIL June 24, 2002 Tukwila City Hall Council Chambers COMMITTEE OF WHOLE MEETING MINUTES 7:00 p.m. CALL TO ORDER /PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7:02 p.m., Council President Richard Simpson led the flag salute. COUNCIL ATTENDANCE: Present were Council President Richard Simpson; and Councilmember Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder, and David Fenton. Councilmember Joe Duffie was absent. Steven M. Mullet; Mayor; Rhonda Berry, Assistant City Administrator; Lucy Lauterbach, Legislative Analyst; Bob Baker, Deputy City Clerk; Steve Lancaster, Director, Community Development; Jim Morrow, Public Works Director; Police Chief Keith Haines; and Minnie Dhaliwal, Senior Planner, Department of Community Development; Evelyn Boykan, Human Services Coordinator; Paul Surek, Parks Superintendent; and Frank Iriarte, Public Works Coordinator. CITIZEN COMMENT /CORRESPONDENCE:, None. a. Proposed cancellation of CDBG funding of the Duwamish Neighborhood Sidewalk Project and proposed funding of the Foster /Lee Phillips Park Playground Replacement Project Evelyn Boykan, Human Services Coordinator and Paul Surek, Maintenance and Operations Superintendent, Parks and Recreation Department, addressed the Council on this issue. Ms. Boykan provided a reminder of the term Community Development Block Grant (CDBG) funds, and generally accepted use for such funds. The purpose of this public hearing, as described by Ms. Boykan, is to consider testimony on the proposal to officially cancel previously allocated CDBG dollars related projects (Duwamish Neighborhood Sidewalk project) and consider the reallocation of CDBG funds to replace the playground equipment at Foster /Lee Phillips Park. It was explained that using CDBG funds for the Duwamish Neighborhood sidewalk project would prove burdensome in terms of federal and regional rules and policies. Conversely, however, the playground equipment replacement project should prove easier to fund in conjunction with the same rules mentioned. 7:05 p.m. Council President Richard Simpson opened the public hearing for testimony. Paul Surek noted the request to fund the playground equipment comes into consideration as the current equipment was installed in 1992 and shows visible signs of wear. Such structures should be replaced every 10 years. Through the last ten years, however, technology and ADA requirements have changed. The equipment to be replaced is no longer in compliance, thus the need for an updated structure. Anticipated costs for the updated model are approximately $30,000.00. CDBG funds slated for reallocation are from the 2002 fiscal year. 7:11 p.m. With no citizen comment or testimony, Council President Simpson closed the public testimony. It was noted that although CDBG funds would not be used for the Duwamish Neighborhood sidewalk project, it is not canceled. The source of the funds must be revisited; yet the project is not canceled. City of Tukwila City Council Committee of Whole Minutes SPECIAL ISSUES: Council consensus was to forward this item to the July 1 Regular meeting agenda for a motion to cancel CDBG funds for the funding of the Duwamish Sidewalk Project and reallocate those same funds for playground equipment replacement, with ADA compliance, at Foster /Lee Phillips Park. Jim Morrow, Public Works Director, reminded Council of the Washington State requirement to annually update the Transportation Improvement Plan. This is primarily a financial planning document for City projects competing for federal grants. Adoption of the TIP is brought about by a resolution from the Council. Further, Mr. Morrow explained the TIP is a rolling plan which outlines various funding sources (i.e., grants, developers, local funds, etc.). The projects "roll" as funds or stages (i.e., design report, final design, construction, etc.) occur. The City's TIP list, like that of other entities, lists only six years' worth of anticipated projects. In accordance with State law, the City's TIP must be adopted by July 1, 2002. 7:13 p.m. Council President Richard Simpson opened the public hearing for testimony. 7:14 p.m. b. Six Year (2003 -2008) Transportation Improvement Program (TIP) Page 2 of 6 June 24, 2002 With no citizen comment or testimony, Council President Richard Simpson closed the public hearing. Council consensus was to place the proposed resolution on the Special meeting agenda for this same evening. a. Addendum to Labor Agreement between the City of Tukwila and Tukwila Police Officers' Guild, 2001 -2003 Keith Haines, Chief of Police, introduced this item and explained it as the product of months' of negotiations with the Tukwila Police Guild. Speaking in favor of the addendum, Chief Haines noted City administration is requesting its approval, authorizing the payment of premium pay to employees assigned to the Special Response Team, retroactive to September 1, 2001. The premium ranges from 2 to 3 0 /0 of the top police officer monthly wage, equivalent to $95 to $143 per month; with a total cost anticipated to be $15,1 16.00. Chief Haines noted seven employees are assigned to the Valley Special Response Team, which conducts training several days per month, in addition to several week -long training sessions throughout each year. The training is in addition to that which is required, yearly, by all Tukwila officers. The addendum allows for Special Response Team officers to train on regularly scheduled shifts, rather than to work overtime. After questions of clarification from the Council, Chief Haines noted a briefing will be made (to Council) within the next couple months on the activities, training and other specifics of the Valley Special Response Team officers. Consensus existed to forward this item to the Special meeting agenda for this same evening. b. AT &T and Comcast Merger Frank Iriarte, Public Works Project Coordinator, speaking in favor of the proposed resolution, sought approval from the Council. Mr. Iriarte informed the Council of the receipt of a required notice of proposed change in ownership of AT &T Broadband. In 1994, the City granted a 15 -year cable franchise to TCI Telecommunications, Inc., of Seattle, doing business as AT &T Broadband. AT &T Broadband is a subsidiary of AT &T. In the near future, AT &T will merge with Comcast Corporation (Comcast) to create a new company called AT &T Comcast Corporation (AT &T Comcast), pursuant to the terms of an Agreement and Plan of Merger, dated December 19, 2001. The newly created business will City of Tukwila City Council Committee of Whole Minutes Page 3 of 6 June 24, 2002 serve approximately 22 million subscribers located in 41 states and will become one of the largest cable providers in the nation. On March 4, 2002, AT &T Broadband and AT &T Comcast requested the City of Tukwila to consent to the transactions in accordance with the requirements of the City's existing cable franchise agreement. Additionally, the companies have filed a Federal Communications Commission Form 394, Transfer Application, with the City of Tukwila requesting such consent. City staff and the City Attorney have reviewed the Transfer application, examined the legal, financial and technical qualifications of AT &T Comcast, and followed all required procedures in order to consider the act upon the face of the application. City staff has concluded there is no basis on which to deny the requested consent to their change in ownership. After questions of clarification from Council, Mr. Iriarte explained there is an effort underway to recover approximately $16,000.00 to $19,000.00 in back franchise fees and penalties with AT &T Broadband. Based upon AT &T's cooperation to resolve the issue of back -fees, City staff is confident that issue will be quickly resolved and that consent to the merger will not impact recovery of said fees. Mr. Iriarte concluded his remarks by speaking in favor of Council formally granting consent to the change in ownership by way of accepting a proposed resolution. Council consensus existed to forward this item to the July 1 City Council Regular meeting to take action on the proposed resolution. FENTON MOVED; HERNANDEZ SECONDED; TO TAKE ITEM F OUT OF ORDER, AND RE- LETTER THE REMAINING ISSUES ON THE AGENDA.* The motion is a result of a request for timeliness of the presenter (Gary Danklefsen) of the Purchase and Sale Agreement on the Country Vittles Restaurant *The motion carried 6 -0. c. Purchase and Sale Agreement Country Vittles Restaurant (Tukwila Village Phase I) Gary Danklefsen. 4422 193r Avenue South East, Issaquah, Senior Vice President, Trammell Crow Company, reported. This is one of two remaining pieces of property to be purchased for Tukwila Village (Phase I). Mr. Danklefsen noted the City Attorney- approved purchase and sale agreement has been negotiated to include the following provisions: Sale price of 752,722.17; which includes sale of real estate and property ($725,000.00); demolition costs ($20,000.00); and mortgage payments for May and June, 2002 ($7,722.17). Included within the purchase price is $180,000.00, which must be made at the time of closing. Once the City closes on the property, it will assume the mortgage property payments until they are paid in full ($3,860.08 per month). The City will lease back the property to the operators of the restaurant at the rate of $100.00 per month. The sellers will operate the restaurant until such time as they have it demolished, currently slated for November 15, 2002. Asbestos has been found in the building and the sellers must obtain the services of a certified contractor for its removal. The City has no responsibility to have the building demolished, except in terms of the first $20,000.00. The seller is responsible for hiring the certified contractor to remove asbestos and demolish the building. Anything over $20,000.00 for these services must be paid by the seller. Clarification to the figures provided by Mr. Danklefsen were discussed. The mortgage payments made by the City (from July November $3,860.08 per month) shall be considered as earnest money and shall neither apply to, nor be included in the purchase price and is non refundable. As noted by Mr. Danklefsen, the money paid by the City shows that this is a "firm contract" and not one to be broken; however, the purchase City of Tukwila City Council Committee of Whole Minutes price does include the two mortgage payments (made by the City) for the months of May and June, 2002, also at the rate of $3,860.08 per month. Council consensus existed to forward this item to the Special meeting later this evening. d. McLeod Property South of Strander Boulevard Extension Page 4 of 6 June 24, 2002 Jim Morrow, Public Works Director, noted that in December of 2001, the City received a permit application for an indoor soccer facility. The property is in between the Union Pacific railroad tracks (to the west) and the Burlington Northern railroad tracks (to the east). To the north, is the Sound Transit Commuter rail station and related property. Approximately '/2 of the property is undevelopable due to a Class I wetland in the southern portion of the property. This limits the ability to relocate the proposed building site in different configurations. Access to the property is by way of a 25 -foot private road, with an at -grade private crossing of the Union Pacific rail line and connects through an unopened right -of -way existing terminus of Strander Boulevard. Upon review of the soccer building permit application, it became clear that future extension of Strander Boulevard is going to significantly impact the property site. Although the final alignment for Strander Boulevard is unknown at this time, the results of the Phase I study indicate a right -of -way should run adjacent to, or through the proposed detention pond for that site. Using a conservative 150 -foot right -of -way section to allow for variation in the final alignment, the impacts become more pronounced; namely the detention pond, water quality pond and associated structures. They would require removal for the Strander Boulevard Extension construction. Driveway access to the proposed soccer building would have to be reconstructed with retaining walls and a significant slope. With the relocation of the Union Pacific railroad line, a portion of the proposed building and parking lot would be in the Union Pacific right -of -way. The question is whether the City should allow the proposed building project, knowing the potential impacts to be caused to the property owner and the City. With the Strander Boulevard Extension project moving into the design phase and construction, the decision needs to be whether to purchase the McLeod property today as undeveloped land and /or purchase the land in the future as a developed business, incurring relocation costs and the added expense of removing the infrastructure already installed for property development. Mr. Morrow sought Council permission for the Mayor to enter into negotiations with Stewart McLeod, to purchase the property described above. Although funding sources have not yet been identified, Mr. Morrow is confident something can be done to affect the purchase. Consensus existed to allow the Mayor to enter into negotiations on this issue, with Mr. McLeod. This issue will not come back before the Council for a formal motion on this issue. The Mayor will begin negotiations. e. Fireworks Permit Fourth of July Events For consideration, Rhonda Berry, Assistant City Administrator, presented the fireworks issue to Council. Ms. Berry noted the City has received a fireworks display permit application for the Family Fourth events (sponsored by the City) at Fort Dent Park. This will kick off Tukwila's annual Tukwila Days Celebration. Ms. Berry noted all conditions set out by the Tukwila Fire Department have been met, and the same business /entity will provide the fireworks show, as previously sponsored by the Family Fun Center, also in Tukwila. The fireworks will be ignited in the soccer field at Fort Dent, requiring some 350 feet distance between them and the public. Since parking will be an issue, Ms. Berry explained a shuttle service will be utilized to carry attendees into and away from Fort Dent Park. One fire truck will be present during the event and four police officers will also be present in the event of need. City of Tukwila City Council Committee of Whole Minutes f. Briefing on Code Amendments Pertaining to Secure Community Transition Facilities Page 5 of 6 June 24, 2002 Council consensus existed to forward this issue to the Special meeting agenda, immediately following this meeting. Steve Lancaster, Community Development Director, reminded Council that in 2001 they adopted an ordinance which regulates a wide variety of group homes and correctional institutions. In connection therewith, there has been some recent legislative changes related to secure community transitional facilities (SCTF's) for sex offenders which will now require the City to evaluate whether or not additional regulations should be adopted to address these new "essential public facilities." Sexual offenders who have completed their criminal sentences, yet are civilly committed to the Special Commitment Center on McNeil Island, remain in total confinement, receiving ongoing treatment until the Courts determine they are ready for placement in a less restrictive living arrangement. This less restrictive living arrangement may be in the person's own residence within any given community or in a facility program operated or contracted for operation by the State's Department of Social and Health Services. Washington State law was amended in 2001 to establish SCTF's as essential public facilities and thus require cities and counties planning under the Growth Management Act, to establish a process and adopt regulations for the siting of such facilities. Comprehensive plans and development regulations may not preclude the siting of these essential public facilities. Under the provisions of the legislature's Engrossed Substitute Senate Bill 6594 (ESSB), certain requirements apply to each entity (city, town, county, etc.). The bill requires provisions for placement of these facilities within Tukwila's jurisdiction and /or an amendment to our related ordinance are required by September 1, 2002. The bill also limits specific siting criteria to those listed under RCW 71.08.285; and subject jurisdictions in six counties to "preemption" if the deadline is not met, thus creating a very tight timeline under which all work must be performed. Mr. Lancaster suggested and supports the siting of these facilities in the MIC /H zone, subject to the following restrictions: 1) No facility shall house more than 3 persons. 2) No facility shall be allowed within 1,000 feet of any residential zone; or in the vicinity of public and private schools, school bus stops, licensed day care and licensed pre school facilities, public parks, publicly dedicated trails and sport fields, recreational and community centers, churches, synagogues, temples and mosques, and public libraries; or within one mile from any existing SCTF or other correctional facility. 3) Require an analysis of alternative locations, with an analysis showing that the siting of such a facility will have no undue impact on any one racial, cultural or socio- economic group; and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction, or region; detailed security plan and operating rules for the facility; and a schedule and analysis of all public input solicited or to be solicited during the siting process. With such a tight timeline on which to operate, Mr. Lancaster spoke in favor of a Planning Commission review this week. Additionally, he suggested a Community Affairs and Parks briefing on July 9; a Committee of Whole briefing on July 22; and a Committee of Whole Public Hearing on August 5, 2002. Council consensus existed to accept the proposed schedule of review presented by Steve Lancaster. REPORTS: a. Mayor Mayor Mullet reported attendance to the AWC Conference on June 19 -21. There he met a former customer, Fred Kiga, who now works as the Chief of Staff for Washington Governor Gary Locke. Mr. Kiga informed City of Tukwila City Council Committee of Whole Minutes Mayor Mullet that the Governor may soon be issuing a proclamation declaring a state of emergency as it relates to the Citrus Longhorned Beetle situation. More information will follow. b. Council Councilmember Duffie was absent. Councilmember Hernandez attended the June 11 Community Affairs and Parks Committee. Council President Simpson attended the June 11 Community Affairs and Parks Committee and the Museum of Flight Groundbreaking ceremony on June 18. Councilmember Carter distributed a written report on a recent SCATBd meeting. Additionally, she reported attendance to the AWC Conference June 19 -21. Councilmember Haggerton had no report. Councilmember Linder attended the June 18 Utilities Committee meeting. Councilmember Fenton attended the June 18 Utilities Committee meeting. c. City Staff Rhonda Berry, Assistant City Administrator, distributed the new Tukwila Days flyer informing the community of upcoming events beginning July 4 at Fort Dent Park, with a fireworks display and DARE dash run. c. Intergovernmental Lucy Lauterbach reminded Council of the June 25 Poverty Hill tour, at 5:30 p.m. EXECUTIVE SESSION: None. ADIOURN TO SPECIAL MEETING: 8:45 p.m. FENTON MOVED; HERNANDEZ SECONDED; TO ADJOURN TO THE SPECIAL MEETING. The motion carried 7 -0. Richard Simpson, Counc I President Aoho,-6 BzkOA Robert H. Baker, CMC, Deputy City Clerk Date minutes signed: July 1, 2002 Page 6 of 6 June 24, 2002