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HomeMy WebLinkAbout2004-09-20 Regular MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7:00 p.m. and leading the audience in the Pledge of Allegiance was Steven M. Mullet, Mayor. ROLL CALL: Calling the roll of Council was Bob Baker, Deputy City Clerk. Present were Jim Haggerton, Council President; and Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Pamela Linder, Dennis Robertson and David Fenton. OFFICIALS: Steven M. Mullet, Mayor; Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Bob Baker, Deputy City Clerk; Keith Haines, Police Chief; Steve Lancaster, Community Development Director; Alan Doerschel, Finance Director; Jim Morrow, Public Works Director; Lisa Verner, Project Coordinator, Community Development; Stacy Hansen, Human Services Specialist; Carol Lumb, Senior Planner, Community Development. SPECIAL PRESENTATION: TUKWILA CITY COUNCIL September 20, 2004 7:00 p.m. Tukwila City Hall Council Chambers REGULAR MEETING MINUTES a. Recognition and introduction of officials and visitors from Ikawa, Jaoan 1. Presentation of Citv of Tukwila flag 2. Presentation of Proclamation A proclamation was prepared and read in English, and verbally translated into Japanese by one of the visiting delegates. The proclamation extends a warm thanks and open invitation to the visitors anytime they visit Tukwila. Mayor Mullet told the delegation to consider Tukwila their "home away from home." The original proclamation was presented to Ikawa Mayor Nakataki, who introduced members of the delegation. Of the 46 present, 27 were students. Jim Haggerton, Council President, introduced the Tukwila City Councilmembers and presented a City of Tukwila Flag to the Mayor of Ikawa. Each delegate also received a writing instrument inscribed with the "City of Tukwila" as a token of friendship and remembrance. b. Oath of Office Terry Youna, Police Officer Police Chief Haines introduced Terry Young. In addition to prior experience as a police officer, Mr. Young's background also includes seven years' Air Force experience at McChord Air Force Base. Administering the oath of office to Terry Young was Mayor Mullet. c. Introduction of Citv Staff 1. Mike Ronda. Proiect Manaer, Public Works Jim Morrow, Public Works Director, introduced Mike Ronda. From Homer, Alaska, Mr. Ronda received his Engineering degree from Montana State University. No stranger to the City of Tukwila, Mr. Ronda did exhaustive project work on the South 180th Street grade separation project. 2. Lisa Verner. Proiect Coordinator, Community Develooment Steve Lancaster, Community Development Director, introduced Lisa Verner, Project Coordinator. Relating this is a consultant contract position (for at least one year), Mr. Lancaster described Ms. Verner's experience as "absolutely City of Tukwila Page 2 of 6 City Council Regular Meeting Minutes September 20, 2004 right on the money" and stated she offers much municipal and private consulting experience especially with annexations. d. Tukwila Valley South Proiect briefing Lisa Verner Calling this the first of many briefings, Ms. Verner reviewed contents of an informational memorandum distributed (earlier) to Council for this meeting. Accomplished to date is the hiring of a project manager (herself), review of proposed annexation issues, penning of proposed Comprehensive Plan Amendments; design and engineering of Southcenter Parkway, and the issuance of a Declaration of Significance, Ms. Verner then reviewed the proposed schedule of "target dates" relative to this huge undertaking and noted annexation could occur as early as August 2005. Staff meetings are held every two weeks and a pre- annexation agreement is slated to be the first of many documents proposed for Council review. Ms. Verner fielded questions from Council and addressed such items as fiscal analysis of the draft Environmental Impact Statement and related budgetary concerns. Also discussed was the potential addition of infrastructure items such as communication, fiber optics, power and utilities. A detailed analysis of each item will be included in the Draft Environmental Impact Statement and the Final Environmental Impact Statement. PROCLAMATION A proclamation designating September 25, 2004. as a "Day of Concern for the Hungry" Stacy Hansen, Human Services Specialist, reported a food drive is scheduled for September 25, 2004. Reporting a 43% increase (use) by Tukwila residents since 2003, Ms. Hansen noted incomes are simply not meeting the everyday costs of living, such as children's lunches at school. Food budgets are often the first item cut by parents when money runs short. Thus, use of the Tukwila Food Pantry is up, and the need for food is critical. Citing City employee participation in the program, Ms. Hansen noted empty barrels are taken to City facilities and donations are made throughout the year. So far, in 2004, City staff has contributed over 500 pounds of food. Mayor Mullet read the proclamation and presented it to Joe Tice, Director of the Tukwila Food Pantry. The Mayor proclaimed "September 25, 2004 as a Day of Concern for the Hungry in the City of Tukwila, and encouraged all citizens to join the Emergency Feeding Program and our food banks to nourish those who are hungry." CITIZEN COMMENT: None. CONSENT AGENDA: Approval of Vouchers. #310277 310592. in the amount of $1,683.948.50 DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS PRESENTED. The motion carried 7 -0. UNFINISHED BUSINESS: a. Sound Transit Issues 1. Findings of Fact, Conclusions of Law Unclassified Use Permit. Shoreline Variance and Design Review Clerical Note: Gayle Hays, Certified Court Reporter, Byers and Anderson, was present to transcribe this portion of the meeting. A verbatim transcript is available in the City Clerk's Office. CARTER MOVED; LINDER SECONDED; "APPROVAL OF THE UNCLASSIFIED USE PERMIT ADOPTING THE FINDINGS AND CONCLUSIONS IN THE NOTICE OF DECISION AND IN THE RECORD OF DECISION, INCLUDING THE ZONING CODE MODIFICATION AND THE CONDITIONS IN THE RECORD." City of Tukwila Page 3 of 6 City Council Regular Meeting Minutes September 20, 2004 The motion carried 6 -1; with Councilmember David Fenton voting NO. CARTER MOVED; DUFFIE SECONDED; TO ADOPT THE FINDINGS AND CONCLUSIONS IN THE STAFF REPORT AND IN THE NOTICE OF DECISION, RELATIVE TO A SHORELINE VARIANCE. The motion carried 6 -1; with Councilmember David Fenton voting NO. CARTER MOVED; LINDER SECONDED; TO APPROVE THE DESIGN REVIEW ADOPTING THE FINDINGS AND CONCLUSIONS IN THE STAFF REPORT AND IN THE NOTICE OF DECISION. The motion carried 6 -1; with Councilmember David Fenton voting NO. 2. Proposed ordinance authorizing Mayor to execute a Development and Transit Wav Agreement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AND TRANSIT WAY AGREEMENT WITH SOUND TRANSIT FOR DEVELOPMENT OF THE TUKWILA FREEWAY ROUTE PROJECT, AND TO ALLOW THE NON EXCLUSIVE USE OF CERTAIN AREAS OF THE PUBLIC RIGHTS -OF -WAY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. HERNANDEZ MOVED; CARTER 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. HERNANDEZ MOVED; HAGGERTON SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS PRESENTED. The motion carried 6 -1; with Councilmember David Fenton voting NO. APPROVED ORDINANCE #2060 b. Briefing Natural Environment Comprehensive Plan amendments and Sensitive Areas Ordinance revisions Carol Lumb, Senior Planner, Community Development, presented proposed amendments and noted the bulk of the work lies within the Sensitive Areas Ordinance (SAO). Reviewing that which was previously distributed to Council, Ms. Lumb wanted Council to understand the proposed schedule and what would be presented and when. Ms. Lumb then reviewed a memorandum from Steve Lancaster, Director of Community Development, dated September 15, 2004, and presented a summary of proposed revisions to the SAO as suggested /recommended by the City of Tukwila's Planning Commission. In order to address "Best Available Science," the City hired two consulting firms Adolfson and Associates and Landau Associates. Both have reviewed the City's "pertinent documents" and additional information is forthcoming from both firms. Addressing the raised issue of unfunded mandates (by Jim Haggerton), Mr. Lancaster reported the City has received grant funds in the amount of $26,000.00 to assist in payment of the two consulting firms. The next step, as reported by Ms. Lumb, is an October 4 public hearing. Beyond that, Council will meet again to discuss the proposed amendments and hear from staff and /or the consultants. City of Tukwila Page 4 of 6 City Council Regular Meeting Minutes September 20, 2004 NEW BUSINESS: a. An ordinance arantina Level 3 Communications. LLC. a non exclusive franchise for the purpose of constructing. operating, and maintaining a fiber optic telecommunications system in certain public rights -of -way in the City. DUFFIE MOVED; CARTER 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; HERNANDEZ SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ. The motion carried 7 -0. APPROVED ORDINANCE #2061 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO LEVEL 3 COMMUNICATIONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A FIBER OPTIC TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF- WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE b. Authorize Mayor to sign a consultant contract with Asset Analvtics in the amount of $25.500.00, for work related to the Tukwila fiber network. CARTER MOVED; FENTON SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A CONSULTANT CONTRACT WITH ASSET ANALYTICS IN THE AMOUNT OF $25,000.00 FOR WORK RELATED TO THE TUKWILA FIBER NETWORK. The motion carried 7 -0. c. Council motions budget issues: 1. Authorize $400,000.00 transfer to 411 Fund Foster Golf Course from 000 Fund General Fund Alan Doerschel, Finance Director, reported the "loss of revenue" which got the City off to a bad start as it relates to the (new) Foster Golf Course Club House. With cost overruns for the kitchen, the required removal of a fuel tank and a shortfall in anticipated rounds of golf, a shortage has resulted. Conversely, however, Mr. Doerschel reported "a whole new group of golfers" have come in and things are improving. It was noted that it may take as many as two years for the restaurant to "get to its full potential." An increase of 15% more golf rounds is required to make up some of the major portions of this debt. The 2005 budget will most likely "be a push" and a shortfall might once again be experienced. Much of the outcome, Mr. Doerschel stated, will depend on the climate and the weather. The repayment schedule for the Golf Course fund transfer will be included in the Proposed 2005 -2010 Financial Planning Model. LINDER MOVED; FENTON SECONDED; TO AUTHORIZE A $400,000.00 TRANSFER TO THE 411 FUND (FOSTER GOLF COURSE) FROM THE 000 FUND (GENERAL FUND). The motion carried 7 -0. 2. Authorize establishment of 503 Fund Insurance (LEOFFI. ROBERTSON MOVED; FENTON SECONDED; TO ESTABLISH A 503 FUND INSURANCE (LEOFF).* Mr. Doerschel reported the need to establish a 503 Insurance LEOFF fund. No additional funding is required. The Fund Balance in the 502 Fund Insurance will be redistributed between the two funds. City of Tukwila Page 5 of 6 City Council Regular Meeting Minutes September 20, 2004 A need exists to break the LEOFF I employees out of the existing self- insurance, 502 Fund. This requirement is due to new national accounting standards relative to LEOFF I employees. The 503 Fund will appear in the proposed budget for 2005. *Vote The motion to establish the 503 Fund carried 7 -0. REPORTS: a. Mayor Reporting on the result of the recent Dragon Boat Race, Mayor Mullet noted the City received 4th place. Next, Mayor Mullet reported being very busy with the visiting delegation from lkawa, Japan. A banquet will be held in their honor on September 21, 2004. b. City Council Councilmember Joe Duffle was a co -host of the visiting delegation from lkawa at Tukwila Elementary School on September 18, 2004. He also participated in outings with the delegation on various days of their visit. Councilmember Joan Hernandez reported attendance to her first Affordable Housing Advisory Board meeting as well as an Open House at the new Chamber of Commerce site. She greeted Ikawa visitors and participated in the events associated with their visit. Council President Jim Haggerton met with Julia Patterson for a casual breakfast and information sharing session on September 15. He attended the September 16 Tourism and Marketing Committee meeting; participated in the September 17 interviews for a Financial Advisor for the Cascade Water Alliance; and attended the September 20 American Legion Post #235 meeting. Councilmember Pam Carter attended the September 14 Highway 99 Action Committee meeting; the September 16 Streamlined Sales Tax teleconference and (later) Chamber of Commerce Open House; and the September 18 Fire Explorer competition at Foster High School. Ms. Carter then requested a short article in the upcoming edition of The Hazelnut relative to this evening's decisions regarding Sound Transit issues. She stressed the importance of informing community members the Council was protective of them as it related to noise and vibration issues. Finally, Ms. Carter expressed concern with an article that appeared in the most recent edition of The Hazelnut regarding motor scooters, when the Council hadn't adopted the ordinance. She would have preferred the article stated what Council was considering. Councilmember Pam Linder attended the September 14 Highway 99 Action Committee meeting; the September 15 informal breakfast with Julia Patterson; the September 15 Winter Garden Public Meeting; the September 16 Chamber of Commerce Open House; and the September 18 distribution of worm and compost bins (in Burien). Councilmember Dennis Robertson attended the September 15 informal breakfast with Julia Patterson as well. Additionally, he participated in the recent Dragon Boat race. Councilmember David Fenton attended the September 15 informal breakfast with Julia Patterson. He also attended this evening's Finance and Safety Committee meeting. c. City Staff Rhonda Berry reported the Tukwila Community Center staff will co -host an upcoming youth forum with the Cities of Burien and SeaTac. d. Citv Attorney City of Tukwila Page 6 of 6 City Council Regular Meeting Minutes September 20, 2004 Shelley Kerslake reported the City was served with a lawsuit (today) by the Tukwila School District. The discovery process will soon begin. Ms. Kerslake hopes the matter will be brought to resolution within a 6 -month period and that no trial will take place. While information with regard to this case must be discussed in Executive Session, the item is not quasi judicial and can be discussed amongst Council, so long as nothing is divulged that is provided to Council from the City Attorney. MISCELLANEOUS: Mr. Duffle reported numerous complaints from citizens on 149th Street regarding rats. He spoke of two recent incidents wherein rats have invaded a citizen's restored 1959 Chevy and formed a nest in the headliner and under the hood (of the same car). Mr. Duffie reported conversations with Code Enforcement officials to get a handle on this matter. A purported origin of the rats is an empty house and /or yard on 56th Street. Even with an exact address, City staff has been unable to identify the owner of the property. The address may be in question (or, perhaps incorrect). More work will take place on the issue. ADJOURNMENT: 9:30 p.m. FENTON MOVED; DUFFIE SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 7 -0. d. City Attorney Steven M. Mullet, Mayor Date minutes approved: November 1, 2004 -\,(ctc.'`i_ 4 b h 7 <I Robert H. Baker, CMC, Deputy City Clerk