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HomeMy WebLinkAbout2005-09-06 Regular MinutesTUKWILA CITY COUNCIL September 6, 2005 7:00 p.m. Council Chambers City Hall REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE: Steve Mullet, Mayor, called the meeting to order at 7:00 p.m. and led the flag salute. OFFICIALS: Present were Pamela Linder, Council President; and Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Dennis Robertson and David Fenton. ATTENDANCE: Steven M. Mullet, Mayor; Rhonda Berry, City Administrator; Lucy Lauterbach, Legislative Analyst; David Haynes, Chief of Police; Derek Speck, Administrator of Economic Development; Jim Morrow, Director of Public Works; Frank lriarte, Deputy Director of Public Works; Kevin Fuhrer, Director of Finance; Evelyn Boykan, Human Services Program Manager; and Bob Baker, Deputy City Clerk. SPECIAL PRESENTATIONS: Oath of Office Alan Baalaer, Tukwila Police Department Chief Haynes introduced Alan Baalaer, a lateral entry officer from the City of Detroit. Mayor Mullet administered the Oath of Office, and Chief Haynes presented Tukwila's newest officer with his badge. Officer Baalaer thanked his mother and stepfather for being present and helping him locate a new job while under the threat of layoff from the City of Detroit. He promised to give 100% in his efforts to protect and serve the citizens of Tukwila. PROCLAMATION /SPECIAL PRESENTATIONS: Proclamation designating the week of September 5 9 as National Payroll Week Mayor Mullet proclaimed September 5 9 as National Payroll Week and urged all citizens of Tukwila to join the American Payroll Association in their recognition of payroll professionals who support the American system by paying wages, reporting worker earnings and withholding federal employment taxes. CITIZEN COMMENT: Kathryn Harris. 5610 South 141 Street, Tukwila, complained about a light standard across the street from her home which is overgrown with ivy. The granite, decorative pole's light is unable to shine brightly as ivy has grown over it as well. Citing public safety and the City's duty to keep the light poles free from such growth, Ms. Harris urged the Council to have the problem corrected. Joanne Davis. 5906 South 144 Street, Tukwila, spoke on behalf of a neighbor (name unknown address of 14213 59 Place, Tukwila) who would like to see a speed hump or bump erected on 56 Street. The neighbor has a deaf son and wants cars to slow down on that street. To assist in that effort, the neighbor has purchased a life- sized, inflatable child (boy) and has placed it on the corner for drivers to see. On behalf of her neighbor, Ms. Davis asked the Council to consider the plea for help. Vanessa Zaputil, a resident on 52 Avenue South, Tukwila, urged Council to enforce that portion of the Transit Way Agreement with Sound Transit relative to temporary restoration of streets and sidewalks. City of Tukwila Page 2 of 6 City Council Regular Meeting Minutes September 6. 2005 Temporary restoration cited by the resident could take place now as there has been no work on 52 Street for some time. Ms. Zaputil sustained an ankle injury today while walking on a still- damaged sidewalk. She does not want to live in an "unsafe condition" until construction is complete in 2009. Bringing one more issue to the attention of Council, Kathryn Harris reported an abandoned house on 56 Avenue South between 141 and 139 Street mid block. The exact address is unknown. Ms. Harris encouraged the City to begin abatement proceedings on the property to discourage illegal activities and /or uses. Calling it unusual to receive so many requests for assistance at one meeting, Council President Linder and Councilmember Fenton asked City staff for a status report on each issue within one or two weeks. CONSENT AGENDA: Approval of Vouchers #318049- 318330. in the amount of $1.270.842.43 DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS SUBMITTED. The motion carried 7 -0. UNFINISHED BUSINESS: a. Proposed ordinance creating TMC Section 8.21. "Gambling Offenses." and adopting by reference sections of the Revised Code of Washington, regarding misdemeanor gambling offenses. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CREATING TMC SECTION 8.21, "GAMBLING OFFENSES," AND ADOPTING BY REFERENCE CERTAIN SECTIONS OF THE REVISED CODE OF WASHINGTON RELATIVE TO MISDEMEANOR GAMBLING OFFENSES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. ROBERTSON MOVED; FENTON 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; ROBERTSON SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ. The motion carried 7 -0. APPROVED ORDINANCE #2099 b. Proposed resolution adopting policies related to debt. the Financial Planning Model and policies of a General financial nature. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING POLICIES RELATED TO DEBT, THE FINANCIAL PLANNING MODEL AND POLICIES OF A GENERAL FINANCIAL NATURE. ROBERTSON MOVED; DUFFIE SECONDED; TO READ THE PROPOSED RESOLUTION BY TITLE ONLY. The motion carried 7 -0. DUFFIE MOVED; ROBERTSON SECONDED; TO ACCEPT THE PROPOSED RESOLUTION AS PRESENTED.* Discussion Councilmember Robertson noted a requested change has been made to Policy DP -5 with respect to Local Improvement Districts. The policy now reads, "Assessment Debt (LID) shall be considered as an alternative to General Debt." Kevin Fuhrer, Director of Finance, noted writing and compiling these policies has been a project long in the making. He thanked all who were involved with the project for their offerings, deliberations and City of Tukwila Page 3 of 6 City Council Regular Meeting Minutes September 6. 2005 feedback. Although Washington State law does not require their creation, City administration, staff and Council believes it an "approved business practice." Citing from an exhibit to the resolution, (City's "Projected Debt Capacity 2003 2015 Ms. Carter pointed out the sentence which reads, An additional $10,000,000 is borrowed for Tukwila Terrific Gateway." Inquiring on this point, Council learned the name was fictitious. CARTER MOVED; ROBERTSON SECONDED; TO AMEND THE PROJECTED DEBT CAPACITY 2003 2015" BY STRIKING THE WORDS "TUKWILA TERRIFIC GATEWAY" AND INSERTING THE WORDS "A HYPOTHETICAL PROJECT." The motion to amend carried 7 -0. Council asked Mr. Fuhrer to ensure these policies appear in the City's Annual Budget as well as the Capital Improvement Plan. *Vote Motion to accept the resolution and amended exhibit carried 7 -0. Annroved Resolution #1586 NEW BUSINESS: a. A motion authorizing the City to apply for Community Development Block Grant funds for Tukwila /SeaTac Minor Home Repair Program Evelyn Boykan, Human Services Program Manager, reported that under the City's new interlocal agreement with King County, we must apply for funds from the south sub regional pot for 2006. The City of Tukwila has decided to submit a joint application with the City of SeaTac, who also facilitates a minor home repair program. The Minor Home Repair Program is the only capital project Tukwila intends to initiate. If awarded the grant funds ($40,000.00), the City of Tukwila will serve as fiscal agent. Tukwila will require approximately $18,000.00 of the anticipated funds. ROBERTSON MOVED; DUFFIE SECONDED; TO AUTHORIZE THE CITY'S APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $40,000.00 FOR TUKWILA/SEATAC MINOR HOME REPAIR PROGRAM.* Discussion. Council President Linder noted time is of the essence for this item, thus bringing it straight to a Regular meeting (for action) versus first taking it to a Committee of Whole meeting. Further, Ms. Berry noted the expenditure required on this item would equal the sum total we seek ($40,000.00). Funds will be spent by Tukwila /SeaTac and reimbursed by King County. *Vote all ayes. b. Proposed ordinance arantina a non exclusive franchise to Clearwire Communications. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO CLEARWIRE CORPORATION, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF INSTALLING, OPERATING, AND MAINTAINING A WIRELESS TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. DUFFIE MOVED; CARTER 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. FENTON MOVED; HAGGERTON SECONDED; TO HAVE THE PROPOSED ORDINANCE ADOPTED AS READ. City of Tukwila Page 4 of 6 City Council Regular Meeting Minutes September 6. 2005 Discussion. Councilmember Fenton reported a recent (weekend) meeting with Mrs. Louise Strander. Together they surveyed a potential location for equipment if the franchise agreement is executed. Importantly, he noted the franchise agreement allows Clearwire to do business. It does not allow them to place equipment anywhere without first obtaining proper permits from the Public Works Department. Diana Zottman. Attorney with Curran Mendoza. 555 W. Smith Street. Kent, appeared on behalf of Mrs. Louise Strander and distributed a package of information to the Council. Items presented include a letter (dated 09- 06 -05) to the Council regarding the proposed ordinance; another letter dated 08 -29 -05 from Ms. Zottman to the Council; a memorandum to the Mayor from Jim Morrow, dated 08- 09 -05; a second memorandum to the Mayor from Jim Morrow, dated 08- 09 -05; the proposed ordinance; and Exhibit A to the proposed franchise agreement which contains the project description and facilities locations and standards. Ms. Zottman read her letter into the record which states Mrs. Strander's concern about potentially siting equipment on a utility pole outside Mrs. Strander's home without seeking a permit. From her review of the materials (she) presented for this meeting, Ms. Zottman is of the opinion the siting of equipment would be provided for at the discretion of Clearwire. In the end, Ms. Strander's attorney asked the Council to remove the item from the agenda, take no immediate action, and give her time to further review and respond to the proposed siting of the equipment. Jim Morrow, Director of Public Works, took exception to the statements made by Ms. Zottman relative to the siting of equipment. He pointed out Section 5, item 1 of the proposed ordinance which states "No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the franchise area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, Clearwire shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila, Department of Public Works." Further, Mr. Morrow reported no application for permit has been submitted as no franchise agreement has been (yet) granted. If granted, he noted, use of the public rights -of -way, for the purposes stated, will be taken under thorough review via normal development/permit review procedures established by the City. In reviewing Exhibit A to the proposed franchise agreement, Mr. Robertson spoke in favor of making it clear that a permit must indeed be applied and granted before siting equipment. ROBERTSON MOVED; FENTON SECONDED; TO AMEND EXHIBIT A THIRD PARAGRAPH FIRST LINE BY STRIKING THE WORD "WILL" AND INSERTING THE WORD "MAY Motion to amend carried 7 -0. The sentence now reads, "Clearwire wireless facilities may initially be located in the vicinity of the south end of 57 Avenue and South 150 in Tukwila, ROBERTSON MOVED; FENTON SECONDED; TO AMEND EXHIBIT A LAST PARAGRAPH BY STRIKING THE WORD "NEW The motion to amend carried 7 -0. The sentence now reads, "In the event Clearwire decides to construct wireless facilities, Clearwire shall submit plans and obtain permits as required by Title 11..." ROBERTSON MOVED; FENTON SECONDED; TO AMEND EXHIBIT A LAST PARAGRAPH THIRD LINE BY STRIKING THE WORD "NEW The motion carried 7 -0. The sentence now reads, "City reserves the right to approve siting, construction standards, and specifications of the wireless facilities." All of these items make it clear that the franchise agreement allows Clearwire to operate within the City. Additionally, it is the City that must approve /deny permits. At this time, the City has no direct knowledge of the equipment desired for installation by Clearwire. Drawings as to facilities location, permission from utility pole owners, utility easements, etc. must all be done in connection with each permit request. Mr. Iriarte noted the City has 2 wireless franchise agreements in place right now. There are 12 to 15 other franchise agreements currently in place. He cautioned the Council that a reason must be delivered as to why, if the request is denied. City of Tukwila Page 5 of 6 City Council Reaular Meeting Minutes September 6. 2005 Mayor Mullet notified everyone present that the City will notify community members if a permit is sought for this location. It was noted another potential site for equipment is the roof of the 6300 Southcenter Building. Two representatives from Clearwire were present (Brian and Ray). No questions were asked of them. Ms. Zottman thanked the Council for working to ensure clarity on the issue of the proposed franchise agreement and related Exhibit A. *Vote the motion to adopt the ordinance as read, as well as the amended Exhibit A, carried 7 -0. APPROVED ORDINANCE #2100 REPORTS: a. Mayor Mayor Mullet attended today's Chamber of Commerce Government Community Affairs meeting. He reported Washington State has entered into an agreement with the Federal government. To that end, King County has notified Tukwila City administration that we will receive a large number of the proposed 2,000 displaced residents in the aftermath of Hurricane Katrina. With that knowledge, the City must inventory housing availability, invoke the Emergency Operations Center, assess needs and work with private companies to ensure needs are met. It is reported the displaced residents may arrive by the end of next week. Jim Morrow noted a list would be compiled on ways people may assist those who have suffered. No recommendations will be made. It is up to each individual to do as they want and /or are able. Louisiana officials have asked Americans to send no more food or water. That need has been met. All agreed it was monetary donations that would be most useful at this point. b. City Council Councilmember Duffie will wait and see what the City does to assist Hurricane Katrina survivors before making an intended trip (to help) to Louisiana. Councilmember Hernandez attended the September 1 Equity and Diversity Commission meeting and today's Chamber of Commerce Government and Community Affairs meeting. She then called on Lucy Lauterbach to discuss recent citizenship classes sponsored by the Commission. Offered last year, the class was a success. This summer, 14 people began the classes and now 8 of those applied for citizenship. She spoke of requirements one must meet before becoming a U. S. citizen. In addition to living in the U. S. for at least seven years, an applicant must pass a stringent exam and be able to read and write the U. S. language. Ms. Lauterbach noted one person took the citizenship class who had difficulty reading. That applicant went to the Tukwila Children's Foundation Family Literacy Center and learned to read in just two weeks. Clerical note: it is the mission of the Tukwila Children's Foundation (TCF) to make a long -term systematic difference in the community. TCF members are proud of the programs they offer through the Literacy Center. Council President Linder attended a Lodging Tax Advisory Board meeting on August 30. Councilmember Carter noted Tukwila's 2nd Annual car show (August 20) was a success with 25 participants. She also reported on such issues as Southwest Airlines' proposed move, writing a letter and reading it into the record at an upcoming Town Hall -type meeting, and Initiative 912 which would repeal the 9.5 cent gas tax increase previously approved by the Washington Legislature. Councilmember Haggerton attended the Chamber of Commerce Government and Community Affairs meeting today. Mr. Haggerton has been selected to present at an upcoming Northwest City of Tukwila Page 6 of 6 City Council Reaular Meetina Minutes Seotember 6. 2005 Telecommunications Hearing on September 9, 2005. Mr. Haggerton will talk about Broadband and IP- enabled services. Councilmember Robertson attended this evening's Finance and Safety Committee meeting. Mr. Robertson's (short-term) return to the Boeing Company will end September 30. While there (this time), he's become familiar with Microsoft Sharepoint a powerful collaboration platform enabled by Windows 2003. Sharepoint has been called the "next- generation platform for file sharing and team collaboration as it redefines the way teams work together and share information, increasing the productivity of your entire company." Mr. Robertson spoke favorably of the program's ability to save team members' time, travel, and money by allowing meetings (and file /document sharing) over the internet. Councilmember Fenton plans to attend tomorrow's Utilities Committee and Budget meetings. c. City Staff Rhonda Berry reported four City employees (three firefighters and one police officer) have been deployed to assist in New Orleans. Four additional employees may also be deployed. Councilmember Carter asked that a Press Release go out informing the community as to what/how the City is assisting in relief efforts. Ms. Berry assured the Council she would get the word out up to and including a notice on the City's website. Ms. Berry reported former Police Officer Rick Mitchell is returning to City service. d. City Attorney Shelley Kerslake had no report. e. Leaislative Analyst Ms. Lauterbach reminded Council of the City Council Department Head meeting and Utilities Committee meeting on September 7 and the Joint City Council /Planning Commission meeting on September 8. MISCELLANEOUS: Joanne Davis, Tukwila resident, asked the Council for an update on Malcolm Neely, Aquatics Program Coordinator. Mayor Mullet informed Ms. Davis that due to HIPPA laws and other restrictions, the City does not give public notice of Malcolm's medical condition. She was told, however, that he was home briefly, yet returned to the hospital yesterday (September 5). No other information was provided. From there, Ms. Davis lauded the work of Dee England, Aquatics Program Specialist, and called her a "wonderful teacher." ADJOURNMENT: 9:05 p.m. FENTON MOVED; DUFFIE SECONDED; TO ADJOURN THE MEETING. The motion carried 7 -0. en M. Mullet, Mayor Robert H. Baker, CMC, Deputy City Clerk Date minutes signed: September 19. 2005.