HomeMy WebLinkAbout2004-11-15 Regular MinutesCALL TO ORDER/PLEDGE OF ALLEGIANCE:
OFFICIALS:
PROCLAMATIONS /APPOINTMENTS:
CONSENT AGENDA:
TUKWILA CITY COUNCIL
November 15, 2004 7:00 p.m.
Tukwila City Hall Council Chambers
REGULAR MEETING MINUTES
Steven M. Mullet, Mayor, and Jim Haggerton, Council President, were both absent.
Calling the meeting to order at 7:00 p.m. was Joan Hernandez, Councilmember, who nominated Dave
Fenton as Mayor Pro Tem. No other nominations were received and nominations were closed. Vote on
the motion to nominate Dave Fenton as Mayor Pro Tem carried 6 -0.
Mayor Pro Tem Dave Fenton led the audience in the Pledge of Allegiance.
ROLL CALL:
Calling the roll of Council was Bob Baker, Deputy City Clerk. Present were Joe Duffie, Joan Hernandez,
Pam Carter, Pamela Linder, Dennis Robertson and David Fenton.
DUFFIE MOVED; HERNANDEZ SECONDED; TO EXCUSE THE ABSENCE OF COUNCIL PRESIDENT
JIM HAGGERTON. The motion carried 6 -0.
Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Lucy Lauterbach, Legislative Analyst;
Bob Baker, Deputy City Clerk; Alan Doerschel and Kevin Fuhrer, Finance Directors; Jim Morrow, Public
Works Director; Jack Pace, Deputy Community Development Director; Stacy Hansen, Human Services
Specialist; Mayor's Office; Bruce Fletcher, Parks and Recreation Director; David Haynes, Acting Chief of
Police; and Minnie Dhaliwal, Senior Planner, Department of Community Development.
Human Services Advisory Board Appointment
Sharon Kidd, Position #5, Term Expires 04 -30 -05 (Fills vacancy)
Stacy Hansen, Human Services Specialist, introduced Sharon Kidd. A retired librarian with over 30 years
experience in the King County Library system, and currently serving on the Tukwila Library Advisory
Board, Ms. Kidd is being recommended to fill the position of former Mayor Ed Bauch. Filling a "resident
position" on the Board, Ms. Kidd is one who embraces "the community and human services" as a whole.
HERNANDEZ MOVED; DUFFIE SECONDED; TO APPOINT SHARON KIDD TO THE HUMAN
SERVICES ADVISORY BOARD, POSITION #5, WITH A TERM TO EXPIRE 04- 30 -05. The motion
carried 6 -0.
CITIZEN COMMENT /CORRESPONDENCE: None.
a. Approval of Vouchers 311557 311842, in the amount of $974,254.19.
b. Authorize the Mayor to sign the 2004 -2005 Comrnute Trip Reduction contract with King
County (funded through King County Metro).
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City Council Regular Meeting Minutes November 15, 2004
c. Authorize the Mayor to sign a contract with ClearPath in the amount of $25,000.00 for
technical guidance and direct support for various development opportunities.
d. Accept as complete the Cascade View Community Park construction contract with
Rodarte Construction, Inc.; authorize release of retainage subject to the standard claim
and lien release procedures.
e. Project Completions
1. Accept as complete the Duwamish Park Playground Equipment project with
Northwest Playground Equipment; authorize release of retainage subject to the
standard claim and lien release procedures (Final cost $38,976.78)
2. Accept as complete the Crystal Springs Park Playground Purchase and
Installation project with Sitelines Park and Playground Products; authorize
release of retainage subject to the standard claim and lien release procedures
(Final cost $49,153.07).
DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS
PRESENTED. The motion carried 6 -0.
UNFINISHED BUSINESS:
a. A resolution setting a public hearing for request for vacation of a portion of Maule Avenue
from South 143r Place to South 144' Street
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF MAULE AVENUE
FROM SOUTH 143R PLACE TO SOUTH 144 STREET
Jim Morrow, Director of Public Works, noted John Radovich is the applicant for this proposed street
vacation. The proposed public hearing date is December 6, 2004.
HERNANDEZ MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED RESOLUTION READ BY
TITLE ONLY. The motion carried 6 -0.
Shelley Kerslake, City Attorney, read the title of the proposed resolution.
DUFFIE MOVED; HERNANDEZ SECONDED; TO ACCEPT THE PROPOSED RESOLUTION AS
READ. The motion carried 6 -0.
APPROVED RESOLUTION #1564.
b. An ordinance providing uniform guidance to employees and elected officials on ethical
issues.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING A CODE OF ETHICS FOR CITY EMPLOYEES, FORMER CITY
EMPLOYEES, AND CITY OFFICIALS; 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.
Shelley Kerslake, City Attorney, read the title of the proposed ordinance.
HERNANDEZ MOVED; ROBERTSON SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS
READ.*
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City Council Regular Meeting Minutes November 15, 2004
Ms. Kerslake reported the proposed ordinance has been reviewed and approved by the Finance and
Safety Committee and the Committee of the Whole. Additionally, the City's bargaining units have
reviewed it. Those units made suggestions, which were incorporated into the proposed ordinance.
*Vote The motion to adopt the proposed ordinance as read carried 6 -0.
APPROVED ORDINANCE #2068
c. A resolution authorizing the Mayor to negotiate an agreement with Wig Properties, LLC,
for the use of the City -owned Tukwila Pond property (and J.C. Penney site).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AUTHORIZING THE MAYOR TO NEGOTIATE AN AGREEMENT WITH WIG
PROPERTIES, LLC, FOR THE USE OF CITY -OWNED PROPERTY AT TUKWILA POND
LINDER MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED RESOLUTION READ BY TITLE
ONLY. The motion carried 6 -0.
Shelley Kerslake, City Attorney, read the title of the proposed resolution.
Calling the proposal a win -win situation, Councilmember Linder spoke in favor of the proposed resolution.
Jack Pace, Deputy Director of Community Development, reminded Council that allowing Wig Properties
to enhance over three acres of wetlands at Tukwila Pond would improve the wildlife functions and other
important functions of the pond. Concurrently, it would permit the redevelopment of an existing 18 -acre
site in the City's urban center.
Mr. Pace and Mayor Pro Tem Fenton both spoke highly of Mr. Wig and his property developments as he
builds and maintains ownership of properties. Mr. Wig has many properties in the Puget Sound region.
HERNANDEZ MOVED; DUFFIE SECONDED; TO ACCEPT THE PROPOSED RESOLUTION AS
READ. The motion carried 6 -0.
APPROVED RESOLUTION #1565.
d. A resolution rejecting all bids submitted for the Allentown /Foster Point Water and Sewer
Improvement project
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
REJECTING ALL BIDS SUBMITTED FOR THE ALLENTOWN /FOSTER POINT WATER
AND SEWER IMPROVEMENT PROJECT.
CARTER MOVED; LINDER SECONDED; TO HAVE THE PROPOSED RESOLUTION READ BY TITLE
ONLY. The motion carried 6 -0.
Shelley Kerslake, City Attorney, read the title of the proposed resolution.
CARTER MOVED; LINDER SECONDED; TO ACCEPT THE PROPOSED RESOLUTION AS READ.
The motion carried 6 -0.
APPROVED RESOLUTION #1566.
e. Authorize the Mavor to sign a land lease agreement with Sound Transit that offers
$233,800.00 for the initial period of 24 months. then an option to extend the lease at a
rate of $9.741.66 per month (not to exceed 36 months).
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City Council Regular Meeting Minutes November 15, 2004
LINDER MOVED; DUFFIE SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A LAND LEASE
AGREEMENT WITH SOUND TRANSIT THAT OFFERS $233,800.00 FOR THE INITIAL PERIOD OF 24
MONTHS, THEN AN OPTION TO EXTEND THE LEASE AT A RATE OF $9,741.66 PER MONTH (NOT
TO EXCEED 36 MONTHS).*
Discussion:
Councilmember Linder noted the City does not have the money required to develop a park at the
Duwamish Riverbend Hill property. The proposed lease agreement with Sound Transit wouid result in
much needed funds for such development.
Mr. Fletcher fielded questions and provided clarification to Councilmembers relative to reimbursing the
City cost of hiring an independent real estate appraiser, requiring Sound Transit to leave a clean site,
which includes passing an environmental assessment at Sound Transit's expense and allowing the City to
approve all construction materials delivered to and stored at the staging area. Among others, Sound
Transit has agreed to these provisions.
*The motion to authorize the Mayor to sign a land lease agreement with Sound Transit carried 6 -0.
f. Review of Comprehensive Plan amendments.
7:27 p.m. Mayor Pro Tem Fenton called Council's attention to the proposed zoning change and
concomitant agreement with Sabey Corporation.
Before resuming discussions, Shelley Kerslake, City Attorney, reminded Council they are in the middle of
deliberations of a matter which is quasi judicial in nature. That being the case, they are to consider no
new testimony or evidence in the hearing. It came to Ms. Kerslake's attention that (this weekend) an e-
mail had been received by at least one Councilmember, and copied perhaps to each Councilmember,
which may be in the form of new evidence or testimony. That being the case, she reviewed the
Appearance of Fairness doctrine with Council and questioned them individually with respect to the
aforementioned e-mail.
In spite of disclosures, no objections were raised by any audience members with respect to any
Councilmember continuing in the process.
Deliberations resumed with Jack Pace responding to Council inquiries and providing clarification where
necessary to the proposed concomitant agreement and related conditions.
Considerable discussion centered upon the conditions placed within the concomitant agreement and
covenant running with the land. To clarify intent of the City Council, the City Attorney added the following
condition "All uses of this property shall be consistent with zoning designation MIC /L." Planning
Department staff was directed to reconsider the wording of the concomitant agreement.
Next, Mayor Pro Tem Fenton and Rebecca Fox introduced the Comprehensive Plan policy amendments,
both relating to the Growth Management Act and to the annual amendments. A strike through and
underlined version of proposed edits (to date) made by Council was provided to ensure all were "on the
same page."
Finally, Mr. Pace introduced a proposed ordinance relative to Tukwila Municipal Code, Chapter 18.80, to
permit Comprehensive Plan amendments in emergency situations. No questions were considered on the
proposed ordinance.
After a review of each item, Rebecca Fox reminded Council that three draft ordinances would come
before the Council on November 22, 2004. Finally, she noted the Sensitive Areas Ordinance would later
follow.
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g.
Continued review of the Proposed 2005 Budget.
8:20 p.m. Alan Doerschel, Finance Director, was present with Viki Jessop, Bruce Fletcher, and
Chief Nick Olivas.
Beginning with the Foster Golf budget, Mr. Doerschel and Mr. Fletcher reviewed pages 164 -166 with
Council.
Ms. Jessop fielded questions relative to the Administrative Services Department budget on pages 45 -51.
Chief Nick Olivas reviewed pages 97 -113 with Council and fielded questions along the way.
Benny Wovvodich, Jr. 14060 Interurban Ave. So.. spoke of past problems with false alarms at Foster
High School. He urged the Council not to take actions such as impeding responses even in cases of
known false alarms for the safety of those present.
Alan Doerschel reviewed the Self Insured Medical portion (pages 176 -178) of the Proposed 2005 Budget
with Council.
Calling the numbers a "little better than last year," Mr. Doerschel reported the property tax ordinance is
coming to the Council on November 22, 2004. That ordinance must be adopted that night.
A City Council Special meeting will be held tomorrow night (November 16) to discuss the CIP and the
proposed 2005 Public Works budget.
REPORTS:
a. Mayor Absent.
b. City Council
Recently experiencing an incident with a wild dog, Councilmember Joe Duffie had occasion to contact
911 for assistance. King County Animal Control promptly responded. He was pleased with the response
time and encouraged all to contact them when necessary.
Councilmember Hernandez had pictures from Keith Haines' retirement party for distribution to any who
wanted them. She reported attendance to the November 9 Highway 99 Action Committee meeting, as
well as the November 10 Veterans Day event. This evening, she attended the Finance and Safety
Committee meeting.
Mayor Pro Tem Fenton attended this evening's Finance and Safety Committee meeting.
Councilmember Carter attended the November 9 Cascade View Open House. She then attended a
November 11 Streamlined Sales Tax meeting. On Friday, November 12, she attended a Pacific
Northwest Economic Region (PNWER) meeting. Ms. Carter then presented a draft Interlocal agreement,
on behalf of the Streamlined Sales Tax team. Said proposed Interlocal agreement will go to City
Administration to determine how best to handle it.
Pam Linder went to one committee meeting last week. Ms. Linder reported receipt of correspondence
challenging area cities to provide food for the local food bank distribution center, trucks, funds for two
people, etc. Letter given to Lucy for copying, distribution and action.
Councilmember Robertson had no report.
c. City Administrator None.
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d. City Attorney None.
e. Legislative Analyst None.
ADJOURNMENT:
9:20 p.m. DUFFIE MOVED; HERNANDEZ SECONDED; TO ADJOURN. The motion carried 6 -0.
Steven M. Mullet, Mayor
Date Minutes Approved /Signed: November 22, 2004
H /711
Robert H. Baker, CMC, Deputy City Clerk