HomeMy WebLinkAbout2002-09-03 Regular MinutesCALL 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, Acting City Clerk. Present were Council President Richard
Simpson; and Councilmembers Joe Duffie, Joan Hernandez; Pam Carter; Jim Haggerton; Pamela Linder
and Dave Fenton.
OFFICIALS:
John McFarland, City Administrator; David St. Pierre, Assistant City Attorney; Lucy Lauterbach,
Legislative Analyst; Jim Morrow, Public Works Director; and Steve Lancaster, Community Development
Director.
CITIZEN COMMENT /CORRESPONDENCE:
Randy Bannecker, Puget Sound Energy, P. O. Box 90868, Bellevue, 98009, introduced himself to
Council and informed them he is covering the duties of Ms. Susan Hempstead, at Puget Sound Energy,
as she is away on maternity leave.
CONSENT AGENDA:
DUFFIE MOVED; FENTON SECONDED; TO ACCEPT THE CONSENT AGENDA AS PRESENTED.
The motion carried 7 -0.
BID AWARD
TUKWILA CITY COUNCIL
September 3, 2002 7:00 p.m.
Tukwila City Hall Council Chambers
REGULAR MEETING MINUTES
a. Approval of Minutes August 19, 2002 Regular Meeting
b. Approval of Vouchers 238356- 238579 in the amount of $2,701,123.92
a. AWARD A CONTRACT TO NORTHWEST PARTITIONS, INC., IN THE AMOUNT OF
$39,777.00, PLUS WASHINGTON STATE SALES TAX, FOR THE TUKWILA
COMMUNITY CENTER GYPSUM WALLBOARD FIRE PROTECTION PROJECT
LINDER MOVED; FENTON SECONDED; APPROVAL TO AWARD A CONTRACT TO NORTHWEST
PARTITIONS, INC., IN THE AMOUNT OF $39,777.00, PLUS WASHINGTON STATE SALES TAX, FOR
THE TUKWILA COMMUNITY CENTER GYPSUM WALLBOARD FIRE PROTECTION PROJECT.
The motion carried 7 -0.
b. AWARD A CONTRACT TO CHAYER PAINTING CO., IN THE AMOUNT OF $34,551.00
(WASHINGTON STATE SALES TAX DOES NOT APPLY), FOR THE SOUTH 118
STREET PEDESTRIAN BRIDGE AND BOEING ACCESS ROAD BRIDGE PAINTING
AND REPAIR PROJECT
LINDER MOVED; FENTON SECONDED; APPROVAL TO AWARD A CONTRACT TO CHAYER
PAINTING CO., IN THE AMOUNT OF $34,551.00 (WASHINGTON STATE SALES TAX DOES NOT
APPLY), FOR THE SOUTH 118 STREET PEDESTRIAN BRIDGE AND BOEING ACCESS ROAD
BRIDGE PAINTING AND REPAIR PROJECT.
The motion carried 7 -0.
City of Tukwila Page 2 of 6
City Council Regular Meeting Minutes September 3, 2002
PUBLIC HEARING:
7:06 p.m.
7:07 p.m.
An Ordinance Amending Land -Use Fees And Charges
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING ORDINANCE NOS. 1758, 1834 AND 1971, AS CODIFIED AT CHAPTER
18.88 OF THE TUKWILA MUNICIPAL CODE, TO AMEND LAND USE FEES AND
CHARGES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE
Mayor Mullet opened the public hearing and called for testimony from the audience.
Hearing no response from the public, Mayor Mullet closed the public hearing.
FENTON MOVED; DUFFIE SECONDED; READING OF THE PROPOSED ORDINANCE BY TITLE
ONLY. The motion carried 7 -0.
David St. Pierre, Assistant City Attorney, read the title of the proposed ordinance.
DUFFIE MOVED; LINDER SECONDED; ADOPTION OF THE PROPOSED ORDINANCE AS READ.*
For the record, Pam Carter reiterated the first three whereas clauses of the resolution.
*The motion carried 7 -0
APPROVED ORDINANCE NO. 1994
OLD BUSINESS:
a. A RESOLUTION ADOPTING A LAND -USE FEE SCHEDULE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING A LAND USE FEE SCHEDULE
CARTER MOVED; FENTON SECONDED; READING OF THE PROPOSED, SUBSTITUTE
RESOLUTION BY TITLE ONLY.*
Steve Lancaster, Department of Community Development Director, noted a substitute resolution was
placed before the Council for consideration. He asked them to disregard the draft in the City Council
agenda packet for this meeting. The substitute resolution includes fees inadvertently omitted (fee for
unclassified use permits, SEPA/EIS, BRB, re- zone /zoning code amendment fees) from the original draft
resolution.
*The motion carried 7 -0 and David St. Pierre, Assistant City Attorney, read the title of the proposed,
substitute resolution.
CARTER MOVED; DUFFIE SECONDED; ADOPTION OF THE PROPOSED, SUBSTITUTE
RESOLUTION AS READ. The motion carried 7 -0.
APPROVED RESOLUTION NO. 1498
b. RIGHT -OF -WAY USE CODE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING TMC TITLE 11 TO CREATE A NEW RIGHT -OF -WAY USE CODE;
REPEALING ORDINANCE NOS. 352, 486, 563, 595, 644, 662, 923, 924, 1274 SECTION
1 (PART), 1321, 1341, 1516, 1607, 1796 SECTION 3 (PART), 1838 SECTION 8 AND 9,
1970 AND 1981; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE
CARTER MOVED; SECONDED; READING OF THE PROPOSED, SUBSTITUTE ORDINANCE BY
TITLE ONLY. The motion carried 7 -0.
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City Council Regular Meeting Minutes September 3, 2002
David St. Pierre, Assistant City Attorney, read the title of the proposed, substitute ordinance.
DUFFIE MOVED; CARTER SECONDED; ADOPTION OF THE PROPOSED, SUBSTITUTE
ORDINANCE AS READ.*
Jim Morrow, Public Works Director, explained the changes included on the substitute ordinance include
an omitted section (in the draft received earlier) dealing with undergrounding.
Randy Bannecker, P. O. Box 90868, Bellevue, on behalf of Puget Sound Energy, sought Council
consideration on two technical issues with respect to the draft substitute ordinance. First was the fact that
some companies, such as Puget Sound Energy insure themselves. Secondly, in the Hold Harmless
section of the ordinance, (Section 11.08.120), Mr. Bannecker asked if Council would include phraseology
for City negligence, for situations where a permitee leaves a site open and a "City contractor does
damage to a third party, entirely."
John McFarland noted the City can accommodate a self- insured entity given the currently existing
ordinance as well as the proposed substitute ordinance; meaning no need for additional
changes /amendments to the proposed substitute ordinance. David St. Pierre, Assistant City Attorney
noted the discretion given to the Director of Public Works, in TMC Title 11, allows the Director to require a
minimum level of insurance in cases where they are self insured.
With respect the hold harmless clause, Mr. McFarland noted this is something more appropriate for a
contractual agreement, rather than being contained within an ordinance.
*The motion carried 7 -0.
APPROVED ORDINANCE NO. 1995
c. A RESOLUTION ESTABLISHING PUBLIC WORKS PERMIT FEES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING A RIGHT -OF -WAY USE FEE SCHEDULE
FENTON MOVED; DUFFIE 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.
DUFFIE MOVED; CARTER SECONDED; ADOPTION OF THE PROPOSED RESOLUTION AS READ.
The motion carried 7 -0.
APPROVED RESOLUTION NO. 1499
d. A RESOLUTION SUPPORTING REFERENDUM 51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
SUPPORTING PASSAGE OF STATE REFERENDUM #51, FINANCING
TRANSPORTATION IMPROVEMENTS THROUGH TRANSPORTATION TAXES AND
FEES AT THE NOVEMBER 5, 2002 GENERAL ELECTION
DUFFIE MOVED; HERNANDEZ SECONDED; READING OF THE PROPOSED RESOLUTION BY
TITLE ONLY.
CARTER MOVED; HERNANDEZ SECONDED; READING OF THE PROPOSED, SUBSTITUTE
RESOLUTION BY TITLE ONLY. The motion carried 7 -0.
David St. Pierre, Assistant City Attorney, read the title of the newly proposed, substitute resolution.
FENTON MOVED; LINDER SECONDED; TO ADOPT THE PROPOSED, SUBSTITUTE RESOLUTION,
AS PRESENTED.*
City of Tukwila Page 4 of 6
City Council Regular Meeting Minutes September 3, 2002
Seeking parliamentary clarification, Councilmember Fenton asked what becomes of the original motion
made in regard this item. After receipt of such clarification, Mr. Duffie noted the desire to have his motion
stand (as originally made). As such, Councilmember Hernandez withdrew her second to the original,
main motion. No other second was received; therefore, Mr. Duffie's main motion died for lack of a
second.
Discussion:
Councilmember Carter noted the substitute resolution reflects language from a sample Association of
Washington Cities Association resolution. Additionally, she noted the last three whereas clauses are
tailored to the City of Tukwila.
Additionally, Ms. Carter explained two sheets (she) provided to Council before this meeting related to
"Major Sources of State Transportation Revenue Information was provided by the Washington State
Department of Transportation (from January 2001) and contains bar graphs on combined (State and
local) gas tax rates. Interestingly, Washington State's gas tax ties with Delaware, placing our State 23
among the 50 states and the District of Columbia. Also noteworthy is the fact Washington has "been
raised just seven times over the last quarter- century." Increases have been levied in response to
pressing needs.
Councilmember Duffie spoke out of concern of the Council noting support for (or against) this referendum.
Ms. Carter stated it would be irresponsible not to act, especially when the need is so great.
Councilmember Haggerton noted the resolution established "council preference based on facts They do
not necessarily represent the vote of all (City) constituents, yet the Council has a right to take a position,
based upon the facts placed before them.
*The motion carried 6 -1, with Councilmember Duffie voting no.
APPROVED RESOLUTION NO. 1500
NEW BUSINESS:
a. A resolution regarding Local Law Enforcement Block Grant funding.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
INDICATING THE CITY'S DESIRE TO APPLY FOR LOCAL LAW ENFORCEMENT
BLOCK GRANT FUNDS, AND AUTHORIZING THE MAYOR TO MAKE FORMAL
APPLICATION TO THE BLOCK GRANT PROGRAM
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 RESOLUTION AS PRESENTED.
The motion carried 7 -0.
APPROVED RESOLUTION NO. 1501
b. A resolution adding the position of Administrative Support Technician to the Non
represented Salary Schedule
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING RESOLUTION NO. 1480, ADDING THE POSITION OF ADMINISTRATIVE
SUPPORT TECHNICIAN TO THE NON REPRESENTED EMPLOYEES'
COMPENSATION PLAN
HAGGERTON MOVED; HERNANDEZ 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.
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City Council Regular Meeting Minutes September 3, 2002
HAGGERTON MOVED; DUFFIE SECONDED; APPROVAL OF THE RESOLUTION AS PRESENTED.
The motion carried 7 -0.
APPROVED RESOLUTION #1502
REPORTS:
a. Mayor Mullet had no report.
b. City Council
Councilmember Joe Duffie noted school is back in session in Tukwila and asked everyone to be
cautious and courteous drivers.
Councilmember Joan Hernandez attended a Southwest King County Chamber of Commerce after
hours event at the Grand Central Casino; a September 3 Tukwila Business and Government meeting and
a Finance Safety Committee meeting directly before this Council meeting.
Council President Richard Simpson had no report.
Councilmember Pam Carter attended the August 28 Tukwila Community Cares Network meeting; the
August 29 after -hours event at the Grand Central Casino and today's Tukwila Business and Government
meeting.
Councilmember Jim Haggerton read from an e-mail received from Kelly Evans related to the withdrawal
of the Port of Seattle's Petition for Reconsideration. He reported attendance to this evening's Finance
Safety Committee meeting.
Councilmember Pamela Linder had no report.
Councilmember David Fenton had no report.
c. City Staff
John McFarland had no report.
d. Assistant City Attorney
David St. Pierre reported attendance to the Best of the Northwest Art show in Bellevue in August.
e. Intergovernmental
Lucy Lauterbach, Legislative Analyst, reported on an upcoming AWC Regional Meeting, October 16 at
6:00 p.m. She encouraged all those who wished to attend, to call her. Next, Ms. Lauterbach reported on
the need for Host Family homes for the upcoming Sister City delegation visit.
MISCELLANEOUS: None.
7:55 p.m.
The motion carried 7 -0.
EXECUTIVE SESSION:
8:00 p.m.
8:24 p.m.
HAGGERTON MOVED; FENTON SECONDED; TO RECESS THE REGULAR
MEETING, AND TO CONVENE AN EXECUTIVE SESSION TO LAST NO LONGER
THAN 30 MINUTES, FOR THE PURPOSE OF POTENTIAL LITIGATION.
Executive session began.
Executive session ended. No action taken.
City of Tukwila Page 6 of 6
City Council Regular Meeting Minutes September 3, 2002
ADJOURNMENT:
8:25 p.m.
Steven M. Mullet, Mayor
RtheAL 1-L52
FENTON MOVED; CARTER SECONDED; TO ADJOURN THE EXECUTIVE SESSION,
RECONVENE AND ADJOURN THE REGULAR MEETING.
The motion carried 7 -0.
Robert H. Baker, Deputy City Clerk
Date Minutes Approved: September 16, 2002