HomeMy WebLinkAbout2004-05-10 Committee of the Whole MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE:
Calling the meeting to order at 7:02 p.m. was Jim Haggerton, Council President, who also led the Pledge
of Allegiance.
COUNCIL ATTENDANCE:
Present were Council President Jim Haggerton; and Councilmembers Joe Duffle, Joan Hernandez, Pam
Carter, Pamela Linder, Dennis Robertson and David Fenton.
OFFICIALS:
Steven Mullet, Mayor; Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Bob Baker,
Deputy City Clerk; Jim Morrow, Public Works Director; Steve Lancaster, Community Development
Director; Rick Still, Assistant Director of Parks and Recreation; Mike Sweeney, Owner's Representative;
Kathy Stetson, Code Enforcement Officer and Joyce Trantina, Code Enforcement Support.
CITIZEN COMMENT /CORRESPONDENCE:
TUKWILA CITY COUNCIL
May 10, 2004 7:00 p.m.
Tukwila City Hall Council Chambers
COMMITTEE OF WHOLE MEETING MINUTES
Anna Bernhard, 14241 59 Avenue South, Tukwila, spoke in favor of increased use of the name
"Tukwila" on the internet as it relates to hotels /motels in our City. Performing a recent search, Ms.
Bernhard's daughter found nine hotels known to be in Tukwila, yet only two made reference to the
Tukwila name. The others said "south Seattle" or "near SeaTac Airport."
Mayor Mullet noted the name "Tukwila" is not a commonly -known name for someone in Washington D.C.
or other metropolitan areas. Most people, he noted, would search for Seattle or Tacoma. Many are
unaware of the City of Tukwila.
SPECIAL ISSUES:
a. An ordinance adopting a Code of Ethics for Citv Employees and Officials
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING A CODE OF ETHICS FOR CITY EMPLOYEES AND OFFICIALS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Councilmember Fenton reported review of this item at the May 3 Finance and Safety Committee meeting.
He reminded Council that the Ethics Policy currently in place was created in 1993 and is part of the City's
Personnel Policies Manual. The Finance and Safety Committee members spoke in favor of making it part
of the Tukwila Municipal Code. To that end, City staff, administration and elected officials would be
required to adhere to the policy.
One note from the Finance and Safety Committee is the proposal to eliminate section 2.95.070 from the
proposed ordinance as it relates to Financial Disclosure. Council reviewed the section and consented to
its exclusion.
Shelley Kerslake, City Attorney, noted the biggest change to the proposed ordinance is in the detail which
is included; as well as the fact this is law versus policy /practice. Thus, an enforcement provision is
specifically outlined. She reported the ethics ordinance to be common among local jurisdictions.
Ms. Kerslake will provide a training session on ethics for the City Council on May 19, 2004. There, the
proposed ordinance may be reviewed, with specific instances and examples to be considered.
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City Council Committee of Whole Minutes
Ms. Kerslake and Rhonda Berry, City Administrator, noted the City's various bargaining units must review
the proposed ordinance before its adoption.
Councilmember Linder asked Ms. Kerslake for a matrix showing the differences between the current
policy and that which is being presented. Ms. Kerslake agreed to the request.
Specific questions regarding the proposed ordinance were asked and answered.
Council consensus existed to take no action on the proposed ordinance until such time as the
City's bargaining units have reviewed the item and /or until after their training session on
May 19, 2004.
b. A resolution formally adontina Council Travel Policy Guidelines
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
FORMALLY ADOPTING A POLICY FOR TRAVEL EXPENSES WHILE ON CITY BUSINESS;
APPROVING A CITY TRAVEL CREDIT CARD POLICY; APPROVING NEW COUNCIL TRAVEL
GUIDELINES; AND AUTHORIZING ADMINISTRATIVE POLICIES TO BE INSTITUTED BY THE
FINANCE DIRECTOR PER RCW 42.24.
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May 10, 2004
Councilmember Fenton reported review of this item at past Finance and Safety Committee meetings as
well as two Committee of Whole meetings. The proposed resolution is recommended for passage by
members of the Finance and Safety Committee. Included with the resolution are three attachments.
Attachment A is City Policy 03 -06 (Travel Expenses While on City Business). Attachment B is City Policy
03 -16 (City Travel Credit Cards). And, Attachment C is the newly Proposed Council Travel Guidelines.
Reviewing the proposed resolution, Councilmembers suggested and consensus was reached, to make the
following edits:
Section 1. Strike the word "approved." Insert the words "adopted for Council use."
Section 2. Strike the word "approved." Insert the words "adopted for Council use."
Section 4. Strike the word "charges" Insert the word "changes"
In response to Council inquiry, Ms. Berry noted that while it has been a practice for Council to use the
policies as a guideline for travel needs, it has not been an actual policy directed toward Council. Just as
staff and administration must adhere to the policies provided, Councilmembers spoke in favor of having
to do the same.
Relative to Attachment B (City Travel Credit Cards), Section 4.2, Council President Haggerton asked if this
is the most expedient way to handle receipts. Both he and Councilmember Carter spoke in favor of Alan
Doerschel, Finance Director, reviewing the section to determine if any amendments are necessary. Such
information is requested before the item is considered for acceptance.
Considerable discussion took place as it relates to travel arrangements by Councilmembers to Ikawa,
Japan, Sister -City to Tukwila. It was agreed that such arrangements would continue as in the past.
Council President Haggerton noted all Councilmembers have learned to "work within the numbers" in the
past when preparing proposed budgets.
Consensus existed to forward this item to the May 17 Regular meeting agenda for action.
c. An ordinance authorizing right- of -wav condemnation for South 144 Street (Military Road
to Tukwila International Boulevard).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND FOR THE PURPOSE OF
CONSTRUCTING THE SOUTH 144 STREET ROAD IMPROVEMENTS; PROVIDING FOR
CONDEMNATION, APPROPRIATION AND TAKING OF LAND AND PROPERTY RIGHTS
NECESSARY THEREFORE; PROVIDING FOR THE COST THEREOF; DIRECTING THE
INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR
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City Council Committee of Whole Minutes
THE CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE
Councilmember Hernandez reported review of this item at the April 26, 2004 Transportation Committee.
The Committee is in favor of the proposed ordinance and suggested it be forwarded to this meeting for
discussion.
Jim Morrow, Public Works Director, informed Council of the need to secure rights -of -way and /or
easements on 12 parcels of land for the South 144 Street Improvements. As condemnation is timely
and expensive, Mr. Morrow hopes for and anticipates successful negotiations with land owners. Initial
contact with the owners bore no objections.
Final design for the South 144 Street project is finished except for underground power, which is
currently being coordinated with Seattle City Light and KPG, Inc. Right -of -way is needed in order to
construct the proposed improvements. The project is scheduled for advertisement in mid -July, 2004,
which allows the City to obligate the TIB grant for construction funds before the end of summer, 2004.
Due to the current schedule's time limitation for property acquisition, it is recommended to begin
condemnation proceedings as soon as possible for all properties identified as necessary in connection
with the project. Condemnation would then be under way for any properties unable to be acquired
through the negotiation process. Then, as successful negotiations and acquisitions occur, those
properties would be removed from the condemnation process. This is the most expedient way to ensure
certification of right -of -way given the current schedule.
With little discussion among Councilmembers, consensus existed to forward the draft ordinance to
the May 17, 2004 Regular meeting agenda for action.
d. An ordinance addressina Darkina and storaae of vehicles on private property
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING REGULATIONS FOR VEHICLE PARKING AND STORAGE ON PRIVATE
PROPERTY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
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May 10, 2004
Councilmember Linder reported review of this item at the April 13 Community Affairs and Parks
Committee meeting. Originally, this draft was just one part of a four -part related issue (at the 4/13/04
meeting). Ms. Linder noted three of the four items were pulled from this agenda, as they were not
completely ready before the agenda was compiled.
Ms. Linder presented the draft and called for an overview and discussion to determine the general will of
the Council as it relates to this issue. No action is required and portions of ordinances from several
neighboring cities have been pieced together to create Tukwila's draft ordinance.
Councilmember Linder noted Council could consider all, none or just a portion of the proposed ordinance.
She acknowledged much work would be required before final presentation of the draft ordinance is
made.
Finally, she stated that if the Council chooses some variation of this ordinance, a need would exist for
community education. Also needed would be a time -frame of perhaps one year to bring properties into
compliance and before citations are issued for non compliance.
Steve Lancaster, Director of Community Development, reiterated this is one part of a four -part package
related to Building Code revisions to come before the Council. He informed Council it is presented in
response to Council inquiry rather than staff proposed /recommended. It is also presented for general
discussion purposes and was modeled closely to that of SeaTac.
Kathy Stetson, Code Enforcement Officer, was present to discuss the nature of complaints staff receives
on this topic and to explain how they are currently handled. After receiving some statistics from Joyce
Trantina, Code Enforcement Support, Ms. Stetson reported an average of 60 complaints per year relative
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City Council Committee of Whole Minutes
Page 4 of 7
May 10, 2004
to junk vehicles. Additionally, staff receives 30 to 40 calls per year regarding parked vehicles in
residential areas. For the record, Ms. Stetson noted all complaints received regarding vehicles are not
junk vehicles. Some calls deal with licensed and operable vehicles being parked where someone feels
they should not be.
In doing research, staff learned most neighboring cities have some regulations on where vehicles may be
parked on private residential properties. A matrix was provided showing how some neighboring cities
handle such issues. This led to a lengthy discussion on junk cars /vehicles and people's definitions and
individual viewpoints. A junk vehicle ordinance is another part of the four -part issue discussed at the
April 13 Community Affairs and Parks Committee meeting.
Councilmembers agreed this draft ordinance could take much work before even being considered. A "field
trip" or "bus trip" was suggested for Council to visit various properties within Tukwila to view the
problems first -hand. Council could also travel to neighboring cities to see their neighborhoods.
Additionally, case studies and an exception process could be formulated for those instances which may
warrant them.
Lynn Peterson, 15185 62 Avenue South, Tukwila, owns a 3/4-acre piece of land with a 100 -yard
long, private, paved driveway, with another 250 feet of paved driveway that goes (up) toward Sunwood
Condominiums and serves as an "emergency driveway." Costs for paving and /or re- paving his portion of
the cul -de -sac and driveway would (if required) be prohibitive. He spoke against controlling vehicle
parking on private property. He noted other things could be "more equitable" such as screening and /or
fencing of unsightly automobiles, as opposed to controlling the parking of those vehicles on private
property.
JoAnne McManus, 5610 South 133r Street, Tukwila, said this subject would cause much
controversy. She spoke of a neighbor who has had Code Enforcement issues for many years. This
neighbor owns eight to ten vehicles with no paved driveway. A grass strip exists and is used to park all
the cars and a boat. The neighbor informed Ms. McManus that each of the vehicles run and therefore do
not meet the definition of junk car vehicles. With that, he explained he may park those vehicles
anywhere on his private property. Ms. McManus fears lawsuits could ensue if such an ordinance is
considered.
Council consensus existed to take no action on this draft ordinance. Consensus also existed
to hold this draft ordinance until such time as the other three parts of the update to the
City's Building Code are presented.
e. Foster Golf Course emeraencv fuel tank removal and cleanup
Mike Sweeney, Owner's Representative, shared information learned from Landau Associates, the City's
environmental engineering firm, relative to the Foster Golf Course Clubhouse. With time being of the
essence, Mr. Sweeney spoke in favor of Council taking action on the item during their Special meeting,
directly following this Committee of Whole meeting.
Mr. Sweeney seeks a contract amendment to the City's professional services agreement with Landau
Associates, as a result of soils gasoline -fuel saturation test performed on April 5, 2004. The timing of the
work is critical to the project as the City is attempting to provide for the timely opening of the restaurant
at the Clubhouse and to obtain a full Occupancy Permit for the entire Clubhouse, which requires parking.
The amendment would also allow the contractor to complete all the work without further costs and /or
time delay(s).
At the last possible moment in preparing to pave the west parking lot, the City's geotechnical firm was
probing the ground and discovered an underground storage tank. The tank is approximately 150 200
gallons in size, which is relatively small in terms of capacity. This tank may have been one of two which
underwent environmental decontamination /decommission when a permit was issued in 1991.
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City Council Committee of Whole Minutes
Page 5 of 7
May 10, 2004
Explaining the location of the site, Mr. Sweeney stated that as you face the front door of the newly built
Clubhouse, to the left (west) is a large parking area with approximately 228 parking stalls. The area is
2/3 of the way down into the parking lot and all the way to the northerly limit. It affects approximately
116 stalls. It's near the bermed out area, above the 'practice green. Foster tree is not in danger or at
issue.
At least one of two fuel tanks was decommissioned and taken off site in 1991, along with an estimated
50 yards of soil. This other tank (perhaps a second or unknown third) was known to be in the area
where a fuel pump existed for many decades and used by City employees for fueling vehicles. Staff does
not know if the tank found represents a third tank which no one knew about, or whether it was the
second tank for which the permit was issued, which may have simply been buried. A chance exists that
(in 1991) once a tank was decommissioned, perforated and ventilated (as this tank was found), it may
have been allowed to be buried on site. While this is a chance, it is not a known, certain fact.
Since finding the tank on April 5, 2004, staff has removed the fuel tank from the ground after obtaining
appropriate permits from the Tukwila Fire Department. Fuel testing indicated soils in proximity to where
the tank was removed had modest amounts of gasoline saturation. Based on the modesty of those
findings and the fact that the type of soils beneath the tank were clay (and not easily permeable), staff
acted under the impression that the gas may have been trapped in somewhat of a catch basin where the
clay existed.
Four truckloads (30 tons) of contaminated soils have been removed and must be treated as hazardous
waste. The deeper the excavation went, staff ran into types and layers of soils, which create a
pathway for the gas to spread.
The excavated area, (originally the size of two dumpsters), is now 11 feet deep, 25 feet long and 35 feet
across. The "rough- estimated" amount of contaminated soil is now 175 tons. The cost of disposal, per
ton, is $65.00. Staff continued to search for the limits as to need for excavation. Upon advice from the
environmental engineer, City staff quit excavating as the money could be better used to core drill
samples near the proximity of the basin excavated.
On Thursday, May 5, 2004, staff conducted 15 borings. The deeper staff bored, the higher the
concentration of gas saturation. At a depth of 14 feet, staff found bedrock a substance which gas
cannot penetrate. Saturations on the parking lot are comparatively low and it appears staff will not have
to excavate much further into the area.
The proposed contract amendment is for further excavation /boring, laboratory testing, consultation and
remediation efforts which must be approved by the Washington State Department of Ecology, as well as
a final report documenting the actions. The proposed contract amendment is in the amount of
$47,250.00.
Mr. Sweeney reported detailed records (contracts /notes /reports) relative to the 1991 decommissioning
efforts no longer exist as they were timely destroyed, in conjunction with the Washington State records
retention policies. He reported there is no evidence of gasoline in the water table /river.
Based on actual laboratory analysis of the 15 core samples taken May 5, 2004 (results are due Friday,
May 14), Landau Associates, in the City's interest, will confer with the Washington State Department of
Ecology as to what measures may be taken to remediate the soil. In some cases, the low levels of
contaminated soil may be legally paved over. To a limited degree, this may be allowed by the State and
may apply to only 20% of that which is exposed.
Next, Mr. Sweeney noted there are mitigation methods allowed by the Washington State Department of
Ecology. One of those methods is the introduction of a benzene eating bacteria at the bottom of the
shaft which is bored into the ground. That process requires ongoing monitoring which may last several
years. There is also a boring method which installs ventilation chambers in the soils which requires
electricity (not located at this site) to pump gas into filtration devices that take the gas out of the air and
aerates /purifies the soil.
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City Council Committee of Whole Minutes
Speaking to affordability, total project cost is $5.1 million. After spending the proposed $47,250.00, just
$15,000.00 (3/10 of 1% of the total project cost) will remain.
In response to Council inquiry, Mr. Sweeney noted the amendment includes Landau's control and
direction of a subcontractor to excavate, bore, import, backfill and compact.
Rick Still, Assistant Director of Parks and Recreation, reported the majority of bad soil is down the slope
and towards the concrete pad (from the old building) which was left for a future "teaching area." The
large hole on top of the hill, in the parking lot, is what must be paved to accommodate parking.
Council discussion and inquiry followed. Mr. Sweeney noted the site is within 18 feet of where one of the
practice greens was built. None of the tees or greens are affected by the contaminated soil.
Although it could affect the opening of the restaurant, it most likely will not. Staff hopes to receive
readings, take proper action to rectify the situation, and obtain a full occupancy permit with a limited
amount of parking stalls.
Edits to the draft amendment were suggested and agreed upon.
Consensus existed to forward this item to the Special meeting agenda directly following this
meeting.
REPORTS:
a. Mayor
Mayor Mullet had no report.
b. City Council
Councilmember Duffle had no report.
Councilmember Hernandez attended tonight's Transportation Committee meeting.
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May 10, 2004
Council President Haggerton reminded Council of the need for this evening's executive session.
Slated to last 15 minutes, Council will discuss potential litigation, relative to RCW 42.30.110(1)(i).
Councilmember Carter attended a May 5 Puget Sound Regional Council Ad Hoc BNSF Eastside Corridor
Advisory Committee meeting. She also participated in the weekly tele- conference related to Streamlined
Sales Tax. Finally, she noted upcoming travel to Santa Fe, New Mexico, for the National League of Cities
Conference.
Councilmember Linder had no report.
Councilmember Robertson sought a copy of any financial report/information from Rob Larsen before
the Council's May 17 meeting, where Mr. Larsen will make a presentation. This would allow Council time
to formulate questions after the report. Additionally, Mr. Robertson reported the need to leave half way
through the Joint City Council /Planning Commission meeting on May 11.
Councilmember Fenton reported the "best ever" National Day of Prayer event on May 6, 2004. He
reported 30 plus attendees.
c. Staff
Rhonda Berry reported that the community members who reported problems at last week's meeting (at
the former Becker Trucking site) have been contacted by Police and Code Enforcement staff. Those
departments are working jointly to bring resolution to the nuisance /noise issue.
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City Council Committee of Whole Minutes May 10, 2004
Ms. Berry reminded Council that dump pass distribution began today.
Finally, she reminded Council of the May 13, 2004 Annual Police Officers Memorial ceremony, at the City
Hall flagpole, at 9:00 a.m.
d. City Attorney
Shelley Kerslake left after presentation of the Ethics Policy issue.
MISCELLANEOUS:
Council President Haggerton asked for Council consensus to authorize approval of a travel request from
Councilmember Carter to attend a Council /City- related convention in Boston. Consensus existed.
ADJOURN:
9:26 p.m. FENTON MOVED; HERNANDEZ SECONDED; TO ADJOURN THE COMMITTEE OF
WHOLE MEETING. The motion carried 7 -0.
jifn Hagge
ouncil President
Robert H. Baker, CMC, Deputy City Clerk
Date Minutes Signed: May 24, 2004