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HomeMy WebLinkAbout2004-06-07 Regular MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE: Mayor Steve Mullet called the Regular Meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL: Bob Baker, Deputy City Clerk, called the roll of Council. Present were Council President Jim Haggerton; and Councilmembers Joe Duffle, Joan Hernandez, Pam Carter, Pamela Linder, Dennis Robertson, and Dave Fenton. OFFICIALS: Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Lucy Lauterbach, Council Analyst; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Jim Morrow, Public Works Director; Steve Lancaster, Community Development Director; and Kathy Stetson, Code Enforcement Officer, Department of Community Development. PROCLAMATIONS /APPOINTMENTS: Appointment Sister Cities Committee Bonnie Mullet CONSENT AGENDA: TUKWILA CITY COUNCIL Council Chambers City Hall June 7, 2004 7:00 p.m. REGULAR MEETING MINUTES Position #6 Term expires 12/31/06 (fills vacancy) Unable to be present, Mrs. Mullet has agreed to serve, if appointed, by filling a school district vacancy. HERNANDEZ MOVED; HAGGERTON SECONDED; TO APPOINT BONNIE MULLET TO THE SISTER CITIES COMMITTEE, POSITION #6, WITH A TERM TO EXPIRE 12/31/06. The motion carried 7 -0. CITIZEN COMMENT /CORRESPONDENCE: Bill Goriance. 16604 53` Avenue South, Tukwila., thanked Council for the free (beauty bark) "chips" at 144 and Macadam Road. He also expressed thanks for Council participating in the Grandview Off -Leash Park agreement. And, he described Cascade View Park as a "little gem." Finally, the community member reported the need for two signs in his neighborhood (1. Sharp Turn Left and 2. Sharp Turn Right). In recent years, the Tukwila Arts commissioner has had to replace a portion of his fence in connection with the hazardous narrow turn. Noting that signage was once erected and subsequently downed, Mayor Mullet noted City staff would handle the request. Dennis Neff. 13036 56 Avenue South, Tukwila. began to express concern with the junk car vehicle ordinance. As that is a matter on this agenda, Mr. Neff agreed to hold his comments until the item was discussed. a. Approval of Minutes May 17, 2004 (Regular); May 24, 2004 (Special) b. Approval of Vouchers #307818 308094, in the amount of $787,605.34 City of Tukwila City Council Regular Meeting Minutes Page 2 of 7 June 7, 2004 c. Accept as complete the Tukwila Community Center Rotunda Gutter Replacement project with Ballard Sheet Metal Works; authorize release of retainage (final project cost: $31,203.84) d. Accept as complete South 134 Place Overlay and Drainage Project with SCI Infrastructure, LLC; authorize release of retainage (final project cost: $518,368.90) e. Accept as complete Exterior Painting of Tukwila Community Center, City Hall, and Fire Station #53 projects with JPL Construction (final project cost $91,472.10, minus $4,206.26 [absorbed retainage by City], totaling $87,265.84) DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS SUBMITTED. The motion carried 7 -0. PUBLIC HEARING: Ordinance 2042 Establishing a six -month moratorium on the filing of applications for development oermits for food or drink establishments conductina social card aame aamblina activities Shelley Kerslake, City Attorney, noted the public hearing is held as required in section 6 of the ordinance adopted by the Council on April 12, 2004. The moratorium shall continue in effect for six months from the date of adoption. 7:12 p.m. Mayor Mullet opened the public hearing and called for citizen comment /input. No citizen comment was received. 7:12 p.m. After calling for public comment a second time and receiving none, Mayor Mullet closed the public hearing. Steve Lancaster, Director of Community Development, reported no required action as the moratorium is already in place. Noting the State Legislature would not act on related issues within the next six months, Councilmember Carter and Ms. Kerslake reported the ordinance would be revisited before the expiration date of the moratorium. BID AWARDS: a. Award a bid to Western Eauipment Distributors for a tractor with side mount flail mower for use in the Streets Division of the Public Works Department. in the amount of $63.616.67 (includes tractor $55,892.04; WSST $4,918.49: mower blades $245.14: and warranty $2.561.001. Jim Morrow, Director of Public Works, reported that in line with the ($74,000.00) 2004 budget allocation for this item, the side mount flail mower comes in under budget. City staff is in favor of the bid award. Councilmember Hernandez reported review of the item (as well as recommendation) at the May 24 Transportation Committee meeting. HERNANDEZ MOVED; DUFFIE SECONDED; TO AWARD A BID TO WESTERN EQUIPMENT DISTRIBUTORS FOR A TRACTOR WITH SIDE MOUNT FLAIL MOWER FOR USE IN THE STREETS DIVISION, PUBLIC WORKS DEPARTMENT, IN THE AMOUNT OF $63,616.67, INCLUDING TRACTOR, WASHINGTON STATE SALES TAX, MOWER BLADES AND AN EXTENDED WARRANTY. The motion carried 7 -0. City of Tukwila City Council Regular Meeting Minutes *The motion carried 7 -0. UNFINISHED BUSINESS: a. An ordinance adootina Junk Vehicle regulations CITIZEN COMMENT: 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 Page 3 of 7 June 7, 2004 b. Award a bid to Sumner Tractor and Eauioment for a tractor with boom flail for use in the Streets Division of the Public Works Department. in the amount of $80,421.19 (includes tractor $71,949.00: WSST $6,331.51; mower blades $119.68: and warranty $2,021.00). Jim Morrow, Director of Public Works, reported that this item is also in line with the 2004 budget allocation. Staff is also in favor of this bid award. Councilmember Hernandez reported review of the item (as well as recommendation) at the May 24 Transportation Committee meeting. She noted this piece of equipment is used to mow City ditches and has a boom that is raised and lowered to accomplish necessary task. HERNANDEZ MOVED; CARTER SECONDED; TO AWARD A BID TO SUMNER TRACTOR AND EQUIPMENT FOR A TRACTOR WITH BOOM FLAIL FOR USE IN THE STREETS DIVISION OF THE PUBLIC WORKS DEPARTMENT, IN THE AMOUNT OF $80,421.19, INCLUDING THE TRACTOR, WASHINGTON STATE SALES TAX, REPLACEMENT BLADES AND AN EXTENDED WARRANTY.* Discussion centered on the extended warranty, its length (2 years) and the differences in their costs between the two sellers. LINDER MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY TITLE ONLY. The motion carried 7 -0. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. DUFFIE MOVED; LINDER SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS PRESENTED.* Discussion ensued. One issue raised included whether or not the words "and the improper storage of vehicles" should be stricken from the title of the proposed ordinance. After hearing from the City Attorney and Code Enforcement Officer, it was agreed the title shall remain as presented. Another issue discussed was the definition of "junk vehicle" as provided for in the proposed ordinance. Pursuant to Washington State law, 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 va!id, current license plates or is unregistered; or e. Has an approximate fair market value equal only to the approximate value of the scrap in it." Kathy Stetson, Code Enforcement Officer, reiterated that the ordinance, as presented, is not new to the Tukwila Municipal Code. Such an ordinance already exists for the City of Tukwila Police Department. This ordinance would allow Code Enforcement the same mechanism in responding to complaints about junk vehicles on private property. Tukwila Police Officers do not typically respond to such inquiries. City of Tukwila City Council Regular Meeting Minutes Dennis Neff, 13036 56 Avenue South, Tukw €I,. reported a personal meeting with Mayor Mullet, Kathy Stetson and a Planning Commissioner. Mr. Neff has received correspondence from Code Enforcement staff in relation to neighbors' complaints over multiple cars being parked at his residence (perceived "junk vehicles Although the issues were settled and no citations were issued to Mr. Neff, he felt left out of the process of creating the proposed ordinance. Additionally, the community member spoke (generally) against its adoption. JoAnne McManus. 5610 South 133 Street. Tukwila, noted that while not completely opposed to the ordinance, she is against the inclusion of a vehicle being "three years old or older" within the draft. Noting the proposed ordinance may be "taking away cur rights," Ms. McManus asked the Council to reconsider that provision. For the benefit of everyone present, Ms. Stetson reiterated the language for the City's proposed ordinance was taken directly from that of the State statute. She also reminded everyone that it's just one of the criteria. In order to be cited as a "junk vehicle," it must meet three of the previously stated five criteria. Ms. Stetson also reminded everyone that adoption of the proposed ordinance would provide her (as Code Enforcement Officer) with the necessary tool to both enforce the ordinance and assist in recouping the costs associated with extricating cars from private property where necessary. Edna Morris. 4412 South 150 Street, Tukwila., spoke neither in favor of nor against the proposed ordinance. She asked Council if the "real" issue is to limit the number of vehicles on private property or to regulate the amount of time those vehicles are present on the private property. Councilmember Robertson responded by stating that when (door belling) campaigning last year, the number one thing he heard that could be improved (in the community) was the issue of too many junk cars on private property. Council President Haggerton reported that in addition to providing Code Enforcement with some very necessary tools, cleanliness of the community would also result. This aids in community spirit and the desire to keep the neighborhood orderly. *The motion to adopt the proposed ordinance carried 7 -0. APPROVED ORDINANCE #2045 b. An ordinance amending Ordinance No. 6:9. as codified at TMC 2.38.020. regarding law enforcement officers and Citv police officers: and repealing Ordinance No. 1096. 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 SEVERABILJTY; AND ESTABLISHING AN EFFECTIVE DATE Page 4 of 7 June 7, 2004 FENTON MOVED; DUFFIE SECONDED; TO READ THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 7 -0. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. DUFFIE MOVED; FENTON SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ. The motion carried 7 -0. APPROVED ORDINANCE #2046 c. 2004 Countv -wide Planning Policy Amendment City of Tukwila City Council Regular Meeting Minutes NEW BUSINESS: Authorize Mayor to sian an Amendment to AG 03-143. in the amount of $12.380.00, with Adolfson Associates. for an expanded Scone of Work, and extendina the duration to December 31. 2004. Page 5of7 June 7, 2004 Councilmember Linder reported review and approval of this item at the April 13 Community Affairs and Parks Committee meeting. The Growth Management Planning Council and the King County Council have already approved the amendment to the planning policies designating downtown Auburn as an "Urban Center." The Community Affairs and Parks Committee spoke in favor of ratifying the actions of the mentioned agencies. LINDER MOVED; FENTON SECONDED; TO RATIFY THE ACTIONS OF THE GROWTH MANAGEMENT PLANNING COUNCIL AND THE KING COUNTY COUNCIL AMENDING THE COUNTY -WIDE PLANNING POLICIES, DESIGNATING DOWNTOWN AUBURN AS AN URBAN CENTER. The motion carried 7 -0. Councilmember Linder reported review and approval of this item at the May 25 Community Affairs and Parks Committee. She noted Adolfson Associates was hired to revise the sensitive areas ordinance. The contract expired June 1, 2004. The amendments will extend the duration through December 31, 2004, expand the scope of work to assist City staff through Council review of the draft ordinance, and add an additional $12,380.00 to the original contract amount of $13,830.00. LINDER MOVED; FENTON SECONDED; TO AUTHORIZE THE MAYOR TO SIGN AN AMENDMENT TO AG 03 -143, IN THE AMOUNT OF $12,380.0, WITH ADOLFSON ASSOCIATES, FOR AN EXPANDED SCOPE OF WORK AND EXTENDING THE DURATION THROUGH DECEMBER 31, 2004.* Discussion ensued on filling the vacated position of Urban Environmentalist and the need for additional support as the Planning Commission completes its review of the proposed sensitive areas ordinance, and technical support for staff as the City Council begins its review. Mr. Lancaster reported the draft ordinance may come before the Council as early as August, 2004, and noted the additional monies are within the department's 2004 budget. *The motion carried 7 -0. REPORTS: a. Mayor Mayor Mullet reminded everyone that Foster High School seniors will graduate Friday, June 11, 2004. He reported a June 8 meeting with Port of Seattle officials and surrounding area mayors. Finally, he reported distribution of a draft letter to the King County Library Services Board and sought feedback on it within the week. b. City Council Councilmember Duffle recently went to Arizona to see his oldest grandson graduate from high school. Councilmember Hernandez attended this evening's Finance and Safety Committee meeting. She then reported a recent trip to China. In addition to other facets of her trip, Ms. Hernandez was very proud to announce that her son, Eric Danielson, (living in China) is now a published author with a book entitled, Shanghai and the Yangzi Delta the first in a three -part historical guide to the cities and sights found between Shanghai and Chongqing. City of Tukwila City Council Regular Meeting Minutes Page 6 of 7 June 7, 2004 Council President Haggerton attended the recent. Museum of Flight Memorial Day celebration and observance, where Mayor Mullet was a speaker. He then reported attendance to a June 2 ACC Executive Committee meeting and the June 5 opening of the King County Library Connection at Westfield Mall. The library was built with $800,000.00 in contributions from donors, most notably $100,000.00 from the Bill and Melinda Gates Foundation. Councilmember Carter attended the May 26 AWC Resolutions Committee meeting. She also attended the May 27 "Roll out of the hybrid buses" sponsored by-General Motors. There, she had the privilege of taking a ride on one of the busses and had lunch with Congressman Jim McDermott, where they discussed the issue of Streamlined Sales Tax. Ms. Carter also attended a June 4 meeting on Streamlined Sales Tax with Alan Doerschel, in Kent; and the June 5 Open House to meet Kevin Desmond, newly hired head of King County Metro. Councilmember Linder reported cleanup efforts by the Highway 99 Action Committee on May 5. She then reminded all present that they may participate in those efforts on the last Saturday of each month. Councilmember Robertson commented on a proposal going to KCLS, yet had no report. At this time, it was agreed that discussion of the issue could be placed on the June 14 Committee of Whole agenda. Councilmember Fenton attended the Memorial Day event at the Museum of Flight and this evening's Finance and Safety Committee meeting. c. Staff Rhonda Berry reported the new Golf Instructor has prepared several teaching programs and brochures are available upon Council request. Classes will be offered to a variety of persons and groups. Ms. Berry also reported that REI was a "good corporate citizen" recently when it brought in 20 volunteers to assist in the cleanup efforts of Bicentennial Park. Finally, Ms. Berry reported an intended "soft opening" date of June 22 for the restaurant at Foster Golf Links, to be followed by a general opening on July 13. d. City Attorney Shelley Kerslake had no report. e. Legislative Analyst Lucy Lauterbach had no report. MISCELLANEOUS: Councilmember Duffie voiced concern with the increased amount of traffic going over the bridge at Fort Dent Park and asked if it could withstand the increased traffic. Mayor Mullet responded in the affirmative. Rhonda Berry then noted a meeting with Starfire Sports on June 8 to review issues which arose during the weekend of June 5 6 at the park. Council President Haggerton reported that 500 cards have been issued to new patrons of the Library Connection at Westfield Mall since it opened two weeks ago. The Council President asked Council if they wanted to have a table and /or booth at Tukwila Days this summer. After talks and informal discussion, Mr. Haggerton informed Council that if a theme could be agreed upon, a booth will be opened. If a theme is not agreed upon, Council agreed to not have a booth. Noting past difficulty with afternoon coverage, one idea raised was to arrange morning shifts alone. City of Tukwila City Council Regular Meeting Minutes Page 7 of 7 June 7, 2004 Rhonda Berry and Mayor Mullet will attend the Suburban Cities retreat on June 10 and 11. ADJOURN: 8:45 p.m. DUFFIE MOVED; LINDER SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 7 -0. Steven M. Mullet, Mayor Date Minutes Signed: June 21, 2004. &)11i\ Robert H. Baker, CMC, Deputy City Clerk