HomeMy WebLinkAbout2004-05-24 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:
Councilmember Dennis Robertson was absent.
OFFICIALS:
TUKWILA CITY COUNCIL
May 24, 2004 7:00 p.m.
Tukwila City Hall Council Chambers
COMMITTEE OF WHOLE MEETING MINUTES
Present were Council President Jim Haggerton; and Councilmembers Joe Duffle, Joan Hernandez, Pam
Carter, Pamela Linder and David Fenton.
Steven M. Mullet, Mayor; Rhonda Berry, City Administrator; Lucy Lauterbach, Legislative Analyst; Bob
Baker, Deputy City Clerk; Alan Doerschel, Finance Director; Katherine Kertzman, Tourism and Marketing
Manager; Keith Haines, Chief of Police; Lori Sutter, Captain, Tukwila Police; Steve Lancaster, Director of
Community Development; Jack Pace, Deputy Director of Community Development; Bob Benedicto,
Building Official, and Kathy Stetson, Code Enforcement Officer, (both) Department of Community
Development.
CITIZEN COMMENT /CORRESPONDENCE:
Joanne McManus, 5610 South 133 Street, Tukwila, spoke in favor of the proposed Tourism
position on this evening's agenda, yet stated the Council has "let us down." Ms. McManus would like the
City to fill the vacated position of Volunteer Coordinator by former City employee Roberta Nelson. Noting
Ms. Nelson is not working right now, Ms. McManus would like to see her hired again, even if only at 1 /2
time.
Addressing the concerns of Ms. McManus, Mayor Mullet informed her some positions are eliminated via
attrition, while others such as the proposed Business Community Liaison are funded specifically through
tourism dollars, i.e., Lodging Taxes.
SPECIAL ISSUES:
a. Approve position of Business Community Liaison in the Tourism and Marketino Division of the
Finance Department
Alan Doerschel, Finance Director, called this position a "no -cost proposition" as salary monies are not
taken from the City's general budget. Now that Katherine Kertzman has ensured the infrastructure is in
place for a productive tourism and marketing division, the Business Community Liaison will ensure all
businesses are made aware of and /or participating to the full.
Katherine Kertzman, Tourism and Marketing Manager, clarified her title and those of the staff who work
in her division. She spoke in favor of the newly proposed position.
Mr. Doerschel advised Council that placement of this position is within the Teamsters
Administrative/Technical bargaining unit, Band B, Grade 2, Subgrade 2, (B22) and has a proposed
monthly salary of $3457 $4203.
For action, Council consensus existed to forward this item to this evenings' City Council
Special meeting.
City of Tukwila
City Council Committee of Whole Minutes
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING ORDINANCE NO. 639, AS CODIFIED AT TUKWILA MUNICIPAL CODE 2.38.020,
REGARDING LAW ENFORCEMENT OFFICERS AND CITY POLICE OFFICERS; REPEALING
ORDINANCE NO. 1096; PROVIDING FOR SEVERABILITY; AND ESTABLISHIGN AN
EFFECTIVE DATE
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May 24, 2004
b. An ordinance amendino the TMC to reflect the correct lob titles for all commissioned and
limited commission officers in the Tukwila Police Deoartment
Councilmember Fenton noted review and support of the proposed ordinance at the May 17 Finance and
Safety Committee meeting.
Lori Sutter, Captain, Tukwila Police Department, called the proposed ordinance a "housekeeping item"
which updated the Tukwila Municipal Code in conjunction with the current structure of the City of Tukwila
Police Department. No monies are involved with the proposed ordinance.
The proposed ordinance adds the position of "Captain," "full or part-time commission Transport Services
Officers" and changes the verbiage for the position of "Patrolmen" to "Officer."
For action, Council consensus existed to forward the proposed ordinance to the June 7
Regular meeting.
c. An ordinance adoDtina the International Buildina Code
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING CERTAIN SECTIONS OF TMC CHAPTER 16.04 REGARDING THE CITY'S
BUILDING CODE; ADOPTING A SCHEDULE OF PERMIT FEES RELATING TO THE CITY'S
BUILDING CODE; REPEALING ORDINANCE NO. )0000; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE
Councilmember Linder reported review of the proposed ordinance at the April 13 Community Affairs and
Parks Committee meeting. She said the City is in the process of developing a set of codes without
regional limitations. The City has been using the Uniform Building Code (UBC) and now proposes the use
of the International Building Code (IBC). She noted adoption of this ordinance is required and must be
adopted (initially) with no amendments. Proposed amendments, more stringent in nature than that
which already contained in the IBC may be considered later.
Secondly, Ms. Linder reported that unlike the UBC, the IBC includes no schedule of fees. Consequently, a
separate fee schedule must be adopted. Although the current method of calculating fees will be
maintained, an increase in those permitting fees will be realized.
Bob Benedicto. Buildina Official. Department of Community Development, reported the proposed
ordinance carries that slight increase in fees. He noted that even if City staff were to maintain use of the
UBC, an increase would have also been realized. That is done every three years in connection with the
update of the UBC.
After previously checking with City Clerk's Office staff, Mr. Benedicto pointed out that if a public hearing
was desired (by Council), it could be scheduled as early as June 7. It was clarified that the public hearing
would cover just this proposed ordinance. Additionally, Council agreed that although all issues were
heard at the same committee meeting, it would be wise to bifurcate them (the IBC ordinance, junk
vehicle ordinance, property maintenance code, and parking on private property ordinance).
In response to Council and audience inquiry, Mr. Benedicto noted the term International Building Code
(IBC) was chosen, as it is truly international. It is used in America, Australia, Mexico and other south
American countries.
City of Tukwila
City Council Committee of Whole Minutes
Clerical note: Washington State is of 44 states where the IBC is enforced. The 2003 edition of the IBC
has adopted by the State Building Code Council (SBCC). This code and any statewide amendments
previously adopted by SBCC are scheduled to go into effect in all cities and counties on July 1, 2004.
After considerable discussion between staff and Council, regarding particulars and after ensuring
understanding of the proposed ordinance, Council agreed a public hearing should be held. With another
public hearing already scheduled for June 7 and the desire to timely advertise the issue, Council agreed
upon another date.
For public hearing, Council consensus existed to hold a public hearing on June 14, 2004. City
Clerk's Office staff was directed to advertise the public hearing.
d. An ordinance adootina a Property Maintenance Code
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHIGNTON,
ADOPTING THE 2003 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE;
REPEALING TMC CHAPTER 16.06 REGARDING THE CITY'S HOUSING CODE; REPEALING
CERTAIN SECTIONS OF TMC CHAPTER 8.28 REGARDING NUISANCES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
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May 24, 2004
Councilmember Linder reported review of this item (also) at the April 13 Community Affairs and Parks
Committee meeting. This code was designed to work in direct relation with the IBC (previously
discussed) and will replace most of Tukwila Municipal Code Chapter 8.28 (Nuisances) and all of Chapter
16 (Buildings and Construction, Housing Code).
The new code is much broader is scope and addresses the exterior and interior of existing buildings. It
also addresses residential occupancy requirements. Unlike the IBC, we do have an option as it relates to
adopting the ordinance. After listening to staff explain how the code would help them with on -going
issues in Code Enforcement, the Committee supported adoption of the proposed ordinance.
Kathy Stetson, Code Enforcement Officer, Department of Community Development, reported attendance
to a conference earlier in 2004 where the issue of property maintenance codes was addressed. There,
she received an International Property Maintenance Code booklet that she used to compare to the City's
current TMC Chapter 8.28 (Nuisances). The booklet also addresses the housing code (IBC).
Prepared for Council review and placed in the agenda packet was a matrix outlining comparisons
between the City's current TMC (nuisances) and the International Property Maintenance Code (IMPC).
Comparisons were made to ensure that nuisances listed in the TMC are also contained in the IMPC.
Many issues were raised and /or discussed with regard the IMPC. The Code Enforcement Officer
reminded Council that Code Enforcement must work on a "complaint basis." To that end, she cannot
cover every issue raised.
Particular items discussed between Council and staff were related to weeds, animal manure, screen
doors, business landscaping, abandoned buildings, hot tubs, swimming pools, fence heights, dining
rooms, unsafe structures, declaring things illegal that were built according to code at the time they were
built, police functions versus Code Enforcement functions, and relocation efforts. Ms. Stetson noted that
although wording may be a little different in the IMPC (compared to that in the TMC), the intent is
generally the same. Use of the IMPC will allow some "teeth" for the Code Enforcement when responding
to complaints received. She is pleased that the IPMC "dovetails" with the IBC.
Although confirmed by Councilmembers that the proposed ordinance may be modified before adoption,
staff would recommend against it. Much work, by many committees has brought this document to where
it currently stands. Modifying it creates the potential of making it not work in concert with the IBC could
be detrimental to the intent of City staff. The City of SeaTac has adopted the IPMC with very few minor
changes to fit their situation. Likewise, many other local area jurisdictions are also adopting the
document and are pleased with it.
City of Tukwila
City Council Committee of Whole Minutes
With a connection between housing code violations and business code violations, the IPMC ties the areas
together well. As the bulk of the complaints received by Code Enforcement are those very issues, the
document will work well for the City as it relates to enforcement.
Councilmembers Fenton, Duffle and Linder spoke in favor of adopting the IPMC without change for
approximately one year, giving staff time to evaluate its effectiveness. This will also allow time for staff
to determine whether or not changes or "tweaks" are necessary.
Lvnn Peterson, 15185 62' Avenue South, Tukwila, spoke regarding his hot tub and fencing
surrounding it. He also raised issues relative to size restrictions for a coy pond in his own yard.
Addressing other issues relative to his own property, Mr. Peterson spoke of the need for City codes to
address such issues as "ham" radio antennas, outdoor model train tracks, trash versus large children's
backyard toys and mother -in -law dwellings. Mr. Peterson then spoke of Council serving as guinea pigs in
connection with the newly proposed ordinances to ensure "quality- control compliance from the top
down."
For additional consideration, comparisons and review, Council consensus existed to remand
the issue to the June 29 Community Affairs and Parks Committee meeting.
e. An ordinance adopting Junk Vehicle Regulations
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ESTABLISHING NEW REGULATIONS REGARDING JUNK VEHICLES AND THE IMPROPER
STORAGE OF VEHICLES; REPEALING ORDINANCE NO. 1370 §1 (PART) AS CODIFIED AT
TMC 9.32.040 AND 9.32.050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE
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May 24, 2004
Councilmember Linder reported review of this proposed ordinance at the April 13 Community Affairs and
Parks Committee meeting as well. There, it was recommended the item be brought to this meeting. The
proposed specifies in greater detail the requirements and related penalties for Tukwila residents
regarding junk vehicles.
Reading from the proposed ordinance and citing an example, Kathy Stetson, Code Enforcement Officer,
cited the definition of "junk vehicle," based upon Washington State's definition. A "junk vehicle" is a
vehicle that meets three or more of the following requirements: a. Is three years old or older; b. Is
extensively damaged, such damage including, but not limited to, any of the following: a broken window
or windshield, or missing wheels, tires, motor, or transmission; c. Is apparently inoperable; d. Is without
valid, current license plates or is unregistered; or e. Has an approximate faire market value equal only to
the approximate value of the scrap in it."
Ms. Stetson noted that the current TMC contains just one paragraph entitled "dumping areas" which
points to Code Enforcement as the enforcer on the issue of junk vehicles on private property.
Although Tukwila Police will continue to regulate junk vehicles on public rights -of -way, the newly
proposed ordinance spells out the notification process for Code Enforcement regarding the issues of junk
vehicles on private properties. It also denotes the hearing and appeal process for the notification; the
monetary penalties; language allowing for the recovery of costs associated with the removal of junk
vehicles; repeat violators and the ability for civil citations to be issued (by the Code Enforcement Officer)
and heard in the Tukwila Municipal Court.
Ms. Stetson explained that most of the language for the newly proposed ordinance was taken directly
from that portion of the TMC relative to the handling of junk vehicles by Tukwila Police. So, it's already
in the TMC. The newly proposed ordinance will take the currently existing language and place it in a new
section and it will be for the benefit of Code Enforcement personnel.
Joanne McManus, 5610 South 133 Street, Tukwila, spoke against the proposed ordinance and
stated its adoption would make it appear as though the City is discriminating against people who cannot
afford to keep their vehicles licensed. She suggested that when a person loses their job, for example,
and their tabs expire, they couldn't afford to replace them right away.
City of Tukwila
City Council Committee of Whole Minutes
Page 5of6
May 24, 2004
Rhonda Berry, City Administrator, assured Ms. McManus that City staff works with community members
under such circumstances.
After discussions between Council and staff, consensus existed to strike 8.24.010 Definitions #1.
Discussions then centered on a perceived need to inform and educate the community and on the
proposed ordinance. In the end it was reiterated to Council that the language "really already exists for
the Police Department in the TMC." The newly proposed ordinance just allows Code Enforcement
Officers the opportunity to receive junk vehicle complaints and the ability to effectively act upon those
complaints.
For consideration and action, consensus existed to forward the draft ordinance to the June 7
Regular meeting.
f. 2004 Countywide Planning Policy Amendments
Also discussed the April 13 Community Affairs and Parks Committee meeting, Councilmember Linder
reported the City of Auburn has requested its downtown core be designated as an Urban Center in the
Countywide Planning Policies. The Committee spoke in favor of forwarding the proposed amendment
with a recommendation to ratify the action to this Committee of Whole meeting, and if agreed upon, to a
subsequent Regular meeting for action.
Although Auburn does not specifically meet all the conditions necessary to be deemed an Urban Center,
they have demonstrated its commitment to developing a fully realized Urban Center as envisioned in the
Planning Policy. Existing conditions in Auburn include 6,000 jobs within one -half mile of a transit center;
an average of 14 employees per gross acre; and an average of less than one household per acre.
The Cities of Bellevue, Kirkland, Seattle, Kent, Redmond, Tukwila, Federal Way and Renton are included
on the list of Urban Centers contained in the Countywide Planning Policy LU -39.
For ratification, Council consensus existed to forward this item to the June 7 Regular
meeting.
REPORTS:
a. Mayor
Mayor Mullet had no report.
b. City Council
Councilmember Duffie attended the May 19 Ethics training session and the May 20 Priorities meeting.
Councilmember Hernandez attended the same meetings as Councilmember Duffie as well as a
Transportation Committee meeting this evening.
Councilmember Carter reported attendance to a May 18 SCATBd Utilities Committee meetings; May
19 Regional Transit meeting and Ethics training session; and the May 20 Priorities meeting.
Council President Haggerton attended the May 19 Airport Communities Coalition meeting and Ethics
training session and the May 20 Lodging Tax Advisory Board and Priorities meetings.
Councilmember Linder attended the May 19 Ethics training session and the May 20 Priorities meeting.
Councilmember Fenton had no report.
City of Tukwila
City Council Committee of Whole Minutes
Shelley Kerslake was not present. Council President Haggerton praised the efforts and work product of
Ms. Kerslake for the Ethics training session presented on May 19.
c. Staff
Rhonda Berry reported on the recent May Fair event at the Tukwila Community Center (in association
with the Tukwila Community Schools Collaboration). There, 142 bicycle helmets were individually fitted
and distributed, and over 500 teens and preteens had health checks.
Ms. Berry also reported Tukwila's Fire Department assisted for 8+ hours with the Olympic Pipeline fire
that occurred on the weekend of May 22 -23, 2004.
ADJOURN:
d. City Attorney
e. Legislative Analyst
Lucy Lauterbach asked for responses for a Memorial Day luncheon and reminded Council of the Joint
City Council/Tukwila School Board meeting on May 26.
9:22 p.m. FENTON MOVED; DUFFIE SECONDED; TO ADJOURN THE COMMITTEE OF
WHOLE. The motion carried 6 -0.
Nagger" ouncil President
e
.Rthekt H OA/a/L.-
Robert H. Baker, CMC, Deputy City Clerk
Date Minutes Signed: June 7, 2004
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May 24, 2004