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Home My WebLink About2002-12-02 Regular MinutesTUKWILA CITY COUNCIL December 2, 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 Joe Duffie; Joan Hernandez; Pam Carter; and Dave Fenton. MOVED; SECONDED; TO EXCUSE THE ABSENCE OF COUNCILMEMBER PAMELA LINDER, ATTENDING A PREVIOUSLY SCHEDULED KING COUNTY INTERNATIONAL AIRPORT MEETING. The motion carried 6 0. OFFICIALS: John McFarland, City Administrator; Rhonda Berry, Assistant City Administrator (7:50 p.m.); Bob Noe, City Attorney; David St. Pierre, Assistant City Attorney; Jane Cantu, City Clerk; Lucy Lauterbach, Legislative Analyst; Steve Lancaster, Director of Community Development; Jim Morrow; Public Works Director; Alan Doerschel, Director of Finance; and Bob Baker, Deputy City Clerk. CITIZEN COMMENT /CORRESPONDENCE: NONE. CONSENT AGENDA: Approval of Vouchers #240165 240415 in the amount of 626,195.07 DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA AS PRESENTED. The motion carried 6 0. OLD BUSINESS: a. A PROPOSED ORDINANCE ADDING AN ADMINISTRATIVE DESIGN REVIEW PROCESS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758, 1768, 1793, 1796, 1847, 1857 AND 1865 AS CODIFIED AT CHAPTERS 18.12, 18.14, 18.16, 18.18, 18.20, 18.22, 18.24, 18.26, 18.28, 18.30, 18.32, 18.34, 18.36, 18.38, 18.40, 18.60 AND 18.104 OF THE TUKWILA MUNICIPAL CODE, TO ADD AN ADMINISTRATIVE DESIGN REVIEW PROCESS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE FENTON MOVED; DUFFIE SECONDED; TO READ THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 6 -0. Bob Noe, City Attorney, read the title of the proposed ordinance. HAGGERTON MOVED; FENTON SECONDED; TO ADOPT THE PROPOSED ORDINANCE, AS READ. The motion carried 6 0. ADOPTED ORDINANCE #2005 City of Tukwila Page 2 of 5 City Council Regular Meeting Minutes December 2, 2002 b. AUTHORIZE MAYOR TO SIGN A CONTRACT IN THE AMOUNT OF $299,744.64 (PLUS EXTRAORDINARY EXPENSES) WITH KENYON DORNAY MARSHALL, PLLC, FOR 2003 LEGAL SERVICES HAGGERTON MOVED; DUFFIE SECONDED; TO AUTHORIZE MAYOR MULLET TO SIGN A CONTRACT WITH KENYON DORNAY MARSHALL, PLLC, IN THE AMOUNT OF $299,744.64 (PLUS EXTRAORDINARY EXPENSES), FOR LEGAL SERVICES IN 2003. The motion carried 6 -0. c. A PROPOSED ORDINANCE INCREASING REGULAR LEVY AMOUNT FROM 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2003, ON ALL PROPERTY, BOTH REAL AND PERSONAL IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE DUFFIE MOVED; HERNANDEZ SECONDED; TO READ THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 6 -0. David St. Pierre, Assistant City Attorney, read the title of the proposed ordinance. Alan Doerschel, Finance Director, explained that an increase in the regular property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of state assessed property, is authorized for the 2003 levy in the amount of $80,523. This amount represents an increase of .82 percent over that in 2002. FENTON MOVED; HERNANDEZ SECONDED; TO ADOPT THE PROPOSED ORDINANCE, AS READ. The motion carried 6 -0. ADOPTED ORDINANCE #2006 d. A PROPOSED ORDINANCE LEVYING GENERAL TAXES FOR 2003 (discussion only) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2003, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY WHICH IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING YEAR AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Alan Doerschel, Finance Director, informed Council action should not be taken on this item as final budget numbers are not yet available. Minor adjustments must still be made. Council consensus existed to forward the proposed draft ordinance to the December 16 Regular meeting for action. NEW BUSINESS: a. A PROPOSED ORDINANCE ESTABLISHING SEWER CONNECTION REQUIREMENTS FOR THE DUWAMISH NEIGHBORHOOD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING SEWER CONNECTION REQUIREMENTS FOR THE DUWAMISH AREA; DEFINING SERVICE AREA BOUNDARIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE FENTON MOVED; HAGGERTON SECONDED; TO READ THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 6 -0. City of Tukwila Page 3 of 5 City Council Regular Meeting Minutes December 2, 2002 Bob Noe, City Attorney, read the title of the proposed ordinance. Jim Morrow, Public Works Director, informed Council the proposed ordinance requires Duwamish neighborhood, single family residence property owners to connect to the new system (installed by Val Vue Sewer District) under any of three conditions: 1. septic or health problems identified by King County Health officials which require repair of the septic tank and /or system; 2. a change in home ownership; 3. the addition of a bedroom or bathroom. DUFFIE MOVED; HERNANDEZ SECONDED; TO ADOPT THE PROPOSED ORDINANCE, AS READ. The motion carried 6 -0. ADOPTED ORDINANCE #2007 b. AUTHORIZE THE MAYOR TO SIGN THE SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd) AGREEMENT CARTER MOVED; DUFFIE SECONDED; TO AUTHORIZE MAYOR MULLET TO SIGN THE SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd) AGREEMENT.* Councilmember Carter reported review of the proposed Interlocal Agreement at the November 25 Transportation Committee meeting. Contents of the proposed agreement are very similar to those of past years. One new voting member is the Muckleshoot Indian Tribe. Clerical note: SCATBd was established for elected officials to provide input into transportation related issues, such as Metro's Six -Year Transit Development Plan. The Interlocal Agreement requires the signature of mayors from each member city and /or entity. *The motion carried 6 -0. c. AUTHORIZE THE MAYOR TO ENTER INTO A PURCHASE AND SALE AGREEMENT WITH STUART MCLEOD FOR APPROXIMATELY $600,000.00 (PLUS CLOSING COSTS) FOR THE PURCHASE OF APPROXIMATELY 5.5 ACRES OF LAND LOCATED BETWEEN UNION PACIFIC RAILROAD TRACKS AND THE BNSF RAILROAD TRACKS, JUST SOUTH OF STRANDER BOULEVARD. Mayor Mullet informed the Council that a good price was negotiated and settled upon between the parties for the property in question. Conversely, however, grant monies already acquired by the City may not be timely applied for use toward ($500,000.00 of) the price. Three to four -week delays arise with the Federal Highway Commission when seeking permission to use monies, even though this is a "permissible use" for the grant monies. As clarified by Councilmember Carter, the City of Tukwila does have the grant and access to the money, it's just that the "float period" is approximately four weeks and the money to close the deal is needed by Thursday, December 5, 2002. Although City officials cannot guarantee they are able to put the federal dollars toward the land purchase at all, every effort will be made to do just that. If that is not the case, Mayor Mullet noted the money would be found elsewhere in the City's budget. FENTON MOVED; DUFFIE SECONDED; TO AUTHORIZE MAYOR MULLET TO ENTER INTO A PURCHASE AND SALE AGREEMENT WITH STUART MCLEOD FOR APPROXIMATELY $600,000.00 (PLUS CLOSING COSTS) FOR THE PURCHASE OF APPROXIMATELY 5.5 ACRES OF LAND LOCATED BETWEEN UNION PACIFIC RAILROAD TRACKS AND THE BNSF RAILROAD TRACKS, JUST SOUTH OF STRANDER BOULEVARD. The motion carried 6 -0. City of Tukwila Page 4 of 5 City Council Regular Meeting Minutes December 2, 2002 d. COUNCILMEMBER REPRESENTATION ON NATIONAL LEAGUE OF CITIES (NLC) COMMITTEES (DISCUSSION /CONSENSUS) Councilmember Carter asked consideration of this item due to an earlier memorandum from AWC asking people who would like to be on NLC Policy Committees to apply. Due to budget constraints, etc., Ms. Carter didn't want to seek re- election to her current committee position if attendance to the NLC meetings would be cost or otherwise prohibitive. Current policy of the Tukwila City Council is to allow travel to NLC meetings by one Councilmember who serves on a Steering or Policy Committee and two other Councilmembers. Now that several Councilmembers serve on Steering or Policy Committees, Ms. Carter wanted to ensure travel would still be allowed; or if Council wanted a change in the policy. Councilmembers Duffie, Haggerton and Fenton spoke in favor of leaving the policy as is. Many spoke of attendance to the NLC meetings as "money well spent" and "very worthwhile." Several spoke of the benefits to attend the meetings as well. Byron Saunders. 4118 So. 130 Street, Tukwila, spoke in favor of leaving the policy as is. In light of allowing some portions of Councilmembers' travel to Ikawa, Japan, there should be no question on attending an NLC meeting. He urged the Council to leave things status quo. Council consensus existed to leave the policy as is. No action was taken. REPORTS: a. Mayor Mayor Mullet reported the need for a 30- minute executive session on legal issues /potential litigation, pursuant to RCW 42.30.110(1)(i). Additionally, he reported receipt of a Letter of Resignation from Peter Lukevich. Municipal Court Judge. The City Attorney's Office recommends Council formally accept the Judge's resignation in light of the fact they also make the appointments to the position. FENTON MOVED; HAGGERTON SECONDED; TO ACKNOWLEDGE AND ACCEPT THE LETTER SUBMITTED TO MAYOR MULLET FROM PETER LUKEVICH DECLARING HIS RESIGNATION AS TUKWILA MUNICIPAL COURT JUDGE, EFFECTIVE DECEMBER 31, 2002. The motion carried 6 -0. Finally, Mayor Mullet reported an offer has been made to an applicant for John McFarland's replacement. No name will be released until such time as the offer has been accepted. If all goes as planned, the City Administrator's appointment is set for confirmation at the December 16 Regular meeting. b. City Council Councilmember Duffie attended the November 26 Community Affairs and Parks meeting. Councilmember Hernandez attended the November 26 Community Affairs and Parks meeting and the November 27 Rotary- sponsored Thanksgiving luncheon. Council President Simpson attended the November 27 Rotary- sponsored Thanksgiving luncheon. Councilmember Carter reported attendance (with Rhonda Berry) to the King County press conference on November 26 wherein Dwight Pelz spoke of the Grandmother's Hill project, which received a grant from the King County Council's King Conservation Futures Program. Ms. Carter then reported attendance to the November 27 Tukwila Community Cares Network meeting and the Rotary- sponsored Thanksgiving luncheon. City of Tukwila Page 5 of 5 City Council Regular Meeting Minutes December 2, 2002 Councilmember Haggerton attended the Grandparents Day event at Seattle Christian Elementary School on November 27, as well the Finance and Safety Committee meeting earlier today. Councilmember Linder arrived at 8:10 p.m. and reported a successful King County International Airport meeting. She announced the Highway 99 Action Committee is holding their annual Christmas party on December 10. Finally, Ms. Linder reported two City of Tukwila staff members are skilled in quilt making. This could prove beneficial for making a gift for the City's next visit to Ikawa. Based upon design and time constraints, if the quilt is unable to be completed before the City's next visit, it will be commissioned and presented during Ikawa's next visit here. Ms. Linder will work with Desktop Publisher Stacia Norris on the design of the quilt. Councilmember Fenton will attend the Tukwila Government Affairs luncheon and the Utilities Committee meetings, both on December 3, 2002. City Administrator attended a Suburban Cities Association /City/County budget workgroup earlier today. Next, Mr. McFarland announced a December 9 presentation on the Tri- Association Legislative Agenda. Finally, Mr. McFarland stated Bill Bales, Tukwila Police Department Detective, suffered a mild heart attack over the weekend and is currently resting in the hospital. Bob Noe reported King County Superior Court Judge McDermott entered an Order of Contempt on behalf of the City, in its lawsuit with Mr. Hemmerling, on November 25, 2002. The Order imposes a remedial sanction of $1,340.00, payable within 30 days. e. Legislative Analyst Ms. Lauterbach had no report. MISCELLANEOUS: Mayor Mullet announced his intent to attend a 9:00 a.m. December 12 meeting relative to sales tax restructuring issues. 8:36 p.m. FENTON MOVED; DUFFIE SECONDED; TO RECESS THE REGULAR MEETING TO CONVENE AN EXECUTIVE SESSION. The motion carried 7 -0. EXECUTIVE SESSION: 8:41 p.m. 9:02 p.m. c. Staff d. City Attorney Legal Issues /Potential Litigation 30 minutes Pursuant to RCW 42.30.11011)1il ADJOURNMENT: Executive session began. Executive session ended. 9:03 p.m. FENTON MOVED; DUFFIE SECONDED; TO ADJOURN THE EXECUTIVE SESSION, RECONVENE AND ADJOURN THE REGULAR MEETING. The motion carried 7 -0. a Steven M Mullet, Mayor Robert H. Baker, CMC, Deputy City Clerk Date Minutes Approved: December 16. 2002 io.tieALI-b (3x1. oi