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HomeMy WebLinkAbout2002-07-01 Regular MinutesOFFICIALS: CITIZEN COMMENT: None. 7:04 p.m. Councilmember Duffie arrived. CONSENT AGENDA: OLD BUSINESS: TUKWILA CITY COUNCIL July 1, 2002 7:00 p.m. Tukwila City Hall Council Chambers REGULAR MEETING MINUTES CALL TO ORDER /PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7:00 p.m. was Mayor Steven M. Mullet. ROLL CALL: Calling the roll of Council was Bob Baker, Deputy City Clerk. Present were Council President Richard Simpson; and Councilmembers Joan Hernandez; Pam Carter; Jim Haggerton; Pamela Linder and Dave Fenton. HERNANDEZ MOVED; SIMPSON SECONDED; TO EXCUSE THE ABSENCE OF COUNCILMEMBER DUFFIE. The motion carried 6 -0. John McFarland, City Administrator; David St. Pierre, Assistant City Attorney; Bob Baker, Deputy City Clerk; Lucy Lauterbach, Legislative Coordinator; Jim Morrow, Public Works Director; Steve Lancaster, Community Development Director; and Evelyn Boykan, Human Services Coordinator. a. Approval of Minutes June 24, 2002 Special Meeting b. Approval of Vouchers 236981- 237280, in the amount of 2,387,194.02 c. Accept as complete the 2001 Overlay Program Construction Contract with ICON Materials, Inc.; authorize release of retainage. d. Accept as complete Southcenter Parkway /So. 168`h St. Intersection Improvements contract with Totem Electric of Tacoma, Inc.; authorize release of retainage. HERNANDEZ MOVED; SIMPSON SECONDED; APPROVAL OF THE CONSENT AGENDA; AS PRESENTED. The motion carried 7 -0. a. Motion canceling the CDBG funding of the Duwamish Neighborhood Sidewalk Project and reallocating the funding to the Foster /Lee Phillips Park Playground Replacement Project Evelyn Boykan, Human Services Coordinator, spoke in favor of canceling CDBG funding for the Duwamish Neighborhood sidewalk project; and reallocating CDBG funds ($30,000.00) to the Foster /Lee Phillips Park playground replacement project. CARTER MOVED; FENTON SECONDED; TO CANCEL CDBG FUNDING OF THE DUWAMISH NEIGHBORHOOD SIDEWALK PROJECT AND REALLOCATING $30,000.00 CDBG FUNDING TO THE FOSTER /LEE PHILLIPS PARK PLAYGROUND REPLACEMENT PROJECT. The motion carried 7 -0. b. A resolution approving the AT &T and Comcast Merger. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CONSENTING TO CHANGE OF CONTROL AND INTERNAL RESTRUCTURING OF THE CITY CABLE FRANCHISEE FENTON MOVED; HAGGERTON SECONDED; READING OF THE PROPOSED RESOLUTION BY TITLE ONLY. The motion carried 7 -0. David St. Pierre, Assistant City Attorney, read the title of the proposed resolution. FENTON MOVED; HAGGERTON SECONDED; APPROVAL OF THE PROPOSED RESOLUTION, AS READ. The motion carried 7 -0. APPROVED RESOLUTION NUMBER 1496 City of Tukwila City Council Regular Meeting Minutes REPORTS: a. Mayor Mullet Page 2 of 4 July 1, 2002 Mayor Mullet noted City staff and Administration have been advised Sound Transit will most likely submit a permit application for the E4 route within 8 to 10 weeks. Additionally, he addressed the known and expected ramifications based upon the no -vote for the Sound Transit Memorandum of Agreement. Reading from a memorandum dated today, Mayor Mullet noted several actions already having occurred which will have a material effect on the City of Tukwila and its community. Said items include: Sound Transit announced it would move forward with permit applications for the E4 route. The City will receive no federal funding for plan review efforts from Sound Transit. Ball Janik, LLP, (federal representation and lobbyist firm for the City) has released the City as a client. The City's highly ranked position for a $4 million grant for a parking garage, moved to the next round of the appropriations process has been jeopardized. It is unlikely the City will get any federal dollars for the proposed project. The City's proposed connectivity grant application will most likely be denied. Preston Gates Ellis, attorneys at law, who have performed special legal work for the City (such as representation on the Puget Sound Energy litigation) will no longer represent the City of Tukwila on any issue. Mayor Mullet presented options for the City, as it is critically important that we have a viable follow -up strategy in light of opposition to the E4 route and rejection of the Memorandum of Agreement. Mayor Mullet stated and twice reiterated that the City of Tukwila will treat any permit application submitted by Sound Transit with a straightforward and positive manner, as it treats all applicants submitting permit applications. This is how the City operates and it will not deviate from the norm. Sound Transit will not be pre judged in light of the City's recent negative vote on the Memorandum of Agreement. From there, Mayor Mullet invited Mr. Lancaster to address several issues. 1. UUP Application Process Steve Lancaster. Director. Department of Communitv Development, provided Council with information on Sound Transit's likely application for an Unclassified Use Permit (UUP). He stated the Link light rail facilities fall within the Tukwila Zoning Code definition of "mass transit facilities" which are allowed within each zoning district, subject to obtaining an UUP. UUP's are decided by the City Council, following a required public hearing. This is a quasi judicial proceeding. City Council UUP decisions are only appealable to the King County Superior Court. In addition to noting the formation of an internal working group for the review of incoming permit applications, Mr. Lancaster explained the application process and staff actions associated with the receipt of such applications. He also spoke of the decisional criteria utilized in determining whether or not to grant the UUP. If approved, the UUP will provide the land use foundation for numerous additional permits required to build Link facilities in Tukwila. Some permits, such as a shoreline substantial development permit, street vacation, design review, variance, street use and utility permits, building permits, etc., could be requested along with or soon after obtaining the UUP; while some could occur in phases over several years. Finally, Mr. Lancaster noted Sound Transit has recently stated its intention to submit an UUP application, yet has not done so to date. It is anticipated the UUP application will be received within the next 4 8 weeks. 2. CITRUS LONGHORNED BEETLE Mr. Lancaster noted Governor Gary Locke has issued a proclamation declaring an emergency in the State as it relates to the Citrus Longhorned Beetle. Tree removal from the State right -of -way shall be performed this week, with anticipated completion by the end of this month. Tree removal may be performed within a 1/8 -mile radius of the affected site if necessary. Should that be the case, tree replacement vouchers are available for residents, from the Department of Agriculture. Tree replacement in wetland and steep slope areas is in question and under consideration. Staff and Council were reminded that City contacts are Frank Iriarte, Jim Morrow and Mr. Lancaster; and the lead agency is the State of Washington, Department of Agriculture. Mayor Mullet invited comments from David St. Pierre, Assistant City Attorney. City of Tukwila City Council Regular Meeting Minutes 3. Quasi Judicial Instructions Page 3 of 4 July 1, 2002 David St. Pierre. Assistant City Attorney. reminding Council of the intended submission of the UUP application, cautioned Councilmembers not to publicly speak on the issue, as it has become a quasi judicial matter, based upon the knowledge that an UUP application is forthcoming. Citing a portion of the Appearance of Fairness Doctrine from RCW 42.36, Mr. St. Pierre instructed Council not to engage in any form of ex parte communication or discussion. He advised that if any communications take place, that the conversation be summarized in writing, and declared on the record where appropriate, at each City Council meeting. Mr. St. Pierre fielded clarification questions from Council and agreed to reduce part of his statements and the cited RCW into memorandum format to serve as a reminder for Council. 4. Pledge of Allegiance Information /Instruction Mr. St. Pierre informed Council that continuing to recite the Pledge of Allegiance is a privilege for all. Citing the June decision (2 -1) of the 9 U.S. Circuit Court of Appeals, it was ruled that the pledge violates the constitutional guarantee of separation of church and state because it includes the phrase "under God." Judge Alfred Goodwin wrote the Court decision and subsequently stayed his own decision just one day after the decision was rendered. Therefore, all persons who wish to remain free to recite the pledge, without legal affect. Finally, Mayor Mullet invited Jim Morrow to address the Council. Jim Morrow. Public Works Director. stated his awareness that Council has received an e-mail from the Laurel Estate Apartment Condominiums, with regard to the construction on South 158 Street. He, too, received a copy of the e-mail and will present information to Council relative to each of the 9 issues raised within the e-mail. Additionally, Mr. Morrow noted attendance at a June 27 Regional Project Evaluation Committee, the subcommittee for Puget Sound Regional Council, responsible for representing approximately 45 voting members from four counties, (he is one). This group decides which transportation projects will receive Federal funding in the next cycle. Those recommendations are forwarded to the Transportation Policy Board. The Regional Project Evaluation Committee began with a list of 28 projects for consideration and pared it down to a list of 13. From there, six projects were funded: Sound Transit (1) Pacific Highway Project (1) Kitsap Co. project (1) Pierce Co. projects (2) King County Urban Centers (1) b. City Council Councilmember Joe Duffie has just returned from a family vacation. Councilmember Joan Hernandez attended the June 25 Poverty Hill tour and the June 27 D.A.S.H. tour of Mountain View Apartments. Council President Richard Simpson attended the June 25 Poverty Hill tour; the June 27 D.A.S.H. tour of Mountain View Apartments; and the June 29 Highway 99 Action Committee Cleanup event. Councilmember Pam Carter attended the June 25 Poverty Hill tour; the June 26 Regional Transit Committee meeting; the June 27 Puget Sound Regional Council Executive Board meeting as well as the D.A.S.H. tour of Mountain View Apartments. Councilmember Jim Haggerton attended the June 25 Poverty Hill tour; and the June 27 D.A.S.H. tour of Mountain View Apartments. Mr. Haggerton also noted a Finance and Safety Committee meeting this evening. Councilmember Pamela Linder attended the June 25 Poverty Hill tour. Councilmember David Fenton attended the June 25 Poverty Hill tour. c. City Staff John McFarland had no report. City of Tukwila City Council Regular Meeting Minutes 8:21 p.m. 8:22 p.m. 8:56 p.m. ADJOURNMENT: d. City Attorney David St. Pierre had no additional report. e. Intergovernmental Lucy Lauterbach had no report. MISCELLANEOUS: Jim Haggerton, referring to the memorandum issued by Mayor Mullet today, regarding Sound Transit issues, noted everyone's right to privacy and respect for Councilmembers. Some of the information listed on the Mayor's memorandum (today), has already been presented to Mr. Haggerton from other sources. Mayor Mullet noted much information /gossip flies around; yet wants to know if more solid information is gleaned. He is confident with how things are handled within this City. All issues are sensitive and the Mayor and administration will present information to Council when it is received. Pamela Linder passed Rios Sunnydale Construction Company today and was pleased to see their efforts of planting flowers, trees and shrubs on the Highway (99). Richard Simpson stated his dismay with the illegal dumping which is occurring to the South of Highway 599, at 130` Street. A couch, mattresses and automobiles have been dumped. Joe Duffie stated his dissatisfaction with the looks in front of Kinko's Copy Center as it relates to overgrowing weeds. Additionally, Mr. Duffle noted three young men have been dismantling playground equipment at Tukwila Elementary School, screw by screw; bolt by bolt. EXECUTIVE SESSION: Legal Issues /Potential Litigation Pursuant to RCW 42. 30.110(1)(i) -60 Minutes Steven M. Mullet, Mayor FENTON MOVED; DUFFIE SECONDED; TO RECESS THE REGULAR MEETING TO CONVENE EXECUTIVE SESSION FOR 60 MINUTES; TO DISCUSS POTENTIAL LITIGATION ISSUES. The motion carried 7 -0. Executive Session began. Executive Session ended. Page 4 of 4 July 1, 2002 8:57 p.m. FENTON MOVED; HAGGERTON SECONDED; TO ADJOURN THE EXECUTIVE SESSION; RECONVENE AND ADJOURN THE REGULAR MEETING. The motion carried 7 -0. Pth±11. J a a Robert H. Baker, Deputy City Clerk Date Minutes Approved: July 15, 2002