Loading...
HomeMy WebLinkAbout2005-08-15 Regular MinutesOFFICIALS: SPECIAL PRESENTATION: TUKWILA CITY COUNCIL Council Chambers City Hall August 15, 2005 7:00 p.m. REGULAR MEETING MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE: Mayor Mullet called the Regular meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL: Bob Baker, Deputy City Clerk, called the roll of Council. Present were Council President Pamela Linder; and Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Dennis Robertson and David Fenton. Steve Mullet, Mayor; Rhonda Berry, City Administrator; David Haynes, Chief of Police; Jim Morrow, Public Works Director; Shelley Kerslake, City Attorney; Peter Beckwith, Assistant City Attorney; Kevin Fuhrer, Director of Finance; Gary Leavitt, Police Training Officer; Steve Lancaster, Director of Community Development; Nora Gierloff, Supervisor of Planning; Barbara Saxton, Administrative Support Technician, City Clerk's Office; and, Bob Baker, Deputy City Clerk. a. Distinguished Police Services Medal Brendan Kerin David Haynes, Police Chief, reported a Distinguished Police Services Medal is presented to an officer when they have made significant enhancements in their career and /or within the department. Officer Brendan Kerin began working with Tukwila Police in March, 1988 and "continually goes above and beyond" the call of duty. With a bachelor's degree from Eastern Washington University, this distinguished officer is also a member of the U. S. Coast Guard Reserves where he holds the rank of Senior Chief. In addition to the contributions made to the department itself, Officer Kerin is recognized for his 16 -year "effort, dedication and contributions" to the City's D.A.R.E. program. With the longest term of service in any Washington State D.A.R.E. program, Officer Kerin was the 2004 D.A.R.E. Officer of the Year. Introducing family (including wife, Jamie) and friends, Officer Kerin thanked them for their ongoing love and support. He thanked the Council and Administration for allowing him the opportunity to serve in the "best D.A.R.E. program in the country," and stated his desire to serve no less than 20 years in this great program. b. Introduction of Yu Sakamoto, visiting delegate and volunteer City employee from Ikawa. Japan Mayor Mullet introduced Mr. Yu Sakamoto, a visiting employee for three months from Tukwila's sister city, Ikawa, Japan. Mr. Sakamoto plans to visit each City department to learn City government and take that information back to Ikawa. A planner by profession, Mr. Sakamoto is also a volunteer firefighter in Ikawa. Mr. Sakamoto thanked the Council for the invitation to visit. Born and raised in Ikawa, Japan, Mr. Sakamoto is a college graduate and desires knowledge in the areas of community and economic development. He wants to make many friends and improve his English while in Tukwila. City of Tukwila Page 2 of 6 City Council Regular Meeting Minutes August 15. 2005 APPOINTMENT: Oath of Office Ceith Cullens. Police Officer Chief Haynes introduced Ceith Cullens, a Des Moines, WA, native. A member of the U. S. Marine Corps Reserves, Mr. Cullens recently completed an eight -month deployment to Iraq. Mayor Mullet administered the Oath of Office to Ceith Cullens and Chief Haynes presented him with his badge. After introducing his fiance and immediate family members present, Officer Cullens thanked the Chief, Council and Administration for the opportunity to serve the citizens of Tukwila. CITIZEN COMMENT: Georgina Kerr. 3834 South 116 Street. Tukwila, noted support of the City Council's opposition to the proposed move of Southwest Airlines to Boeing Field. A website has been created where up -to -date information is available from the opponents. That website address is friendsofboeingfield.org. Ms. Kerr noted ownership of an "old cabin" by Mr. Ted Swanson "near the Duwamish." She spoke in favor of Mr. Swanson donating his property to the City to allow continued access to the Duwamish River in its natural state. Calling for conservation of the area, Ms. Kerr wants the City to preserve "mature landscaping" and not allow it to be clear -cut when developments are proposed. Preserving trees, lakes and rivers will entice people to Tukwila and encourage current residents to stay. CONSENT AGENDA: a. Approval of Minutes July 1, 2005 Regular meeting b. Approval of Vouchers #317598 317869, in the amount of $1,072,387.67 DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS PRESENTED. The motion carried 7 -0. PUBLIC HEARING: Decision on options, including condemnation, for acquisition of property west of Southcenter Parkway. between South 180 Street and the southern City limits. 7:25 p.m. Mayor Mullet introduced Lisa Verner. Ms. Verner, Project Manager, noted the issue before Council is whether the City shall condemn Shoenbachler property in order to obtain right -of -way (ROW) needed for the realignment of Southcenter Parkway, South 178 Street and construction of stormwater facilities. Condemnation has been suggested as an option to obtain the ROW. Council must review the alternatives and make a decision on the proposal. Three generations of Shoenbachler were in attendance. Herman (Mr. Schoenbachler Sr.), Robert (Mr. Schoenbachler Jr.), Greg (son to Robert and grandson to Herman) and Art McKean, attorney for the Schoenbachlers. Tukwila's Capital Improvement Program includes widening of Southcenter Parkway in a revised alignment between South 180 Street and the south city limits and realignment of South 178 Street to intersect with Segale Park Drive C. Segale Properties has indicated it will dedicate portions of necessary ROW that it owns. Schoenbachler, LLC, which has not indicated a willingness to dedicate, owns the remainder of the ROW necessary to complete the projects as planned. At this time, design of the roads are currently 60% complete. When that design work began, the City understood Segale Properties would provide all of the necessary ROW. At this time, the City has learned City of Tukwila Page 3 of 6 Citv Council Regular Meetina Minutes August 15. 2005 Segale is unable to provide all of the ROW prior to the closing of the property sale between Segale and Schoenbachler, LLC. Future development of the area will require land for construction of a stormwater management facility. The land proposed for that facility belongs to Schoenbachler, LLC. Mr. McKean has written a letter asking the City to not condemn the ROW as it violates a real estate purchase and sale agreement and property use agreement already in existence between the named parties. Delay or inability to acquire property for the proposed street and stormwater facilities may result in the project being postponed indefinitely, or, may require changes to the development concept, or both. It is possible that significant delay may cause Segale Properties to re -think their plans. Ms. Verner spoke in favor of opening the public hearing to consider public comment/testimony, continuing the matter to August 22 for further comment, then closing the public hearing and deliberating the possibilities. A request was received from Segale Properties for a one -week extension to consult with Counsel on the ROW process and guidelines. A proposed resolution to the matter is expected on August 29, 2005. 7:35 p.m. Mayor Mullet opened the public hearing. Arthur McKean. Attorney, discussed the existing "Ground Lease" and "Real Estate Purchase and Sale Agreement" previously negotiated between Segale Properties and Schoenbachler, LLC. The Schoenbachler residence is also known as the "Llama Farm" in Tukwila. Mr. McKean shared a photo album of the property and the first picture was taken in 1936. Herman Schoenbachler. 18115 Southcenter Parkway. Tukwila., (83 years of age) came to Tukwila in 1926 when he was 5. His parents came from Switzerland and were Orting farmers until they moved to Tukwila in 1926. In 1932 they bought the farm property where Mr. Schoenbachler currently resides. Pleading for his land and against condemnation, Mr. Schoenbachler told the Council, "I wanna die here" (in his home). He spoke of his desire to spend the remainder of his years there. Mr. Schoenbachler's wife (deceased in October, 2004) obtained the llamas in 1975, from Patterson Llama Farm, in Sisters, Oregon. His wife loved the llamas and they were her hobby Mr. McKean informed Council the real issue is widening the street(s) versus relocating them. Language is in the lease that allows 85 feet to be added to one side. And, he acknowledged two agreements exist between Segale and Schoenbachler. One is a Lease Agreement (with a pasture license) and the other is a Purchase and Sale Agreement which does not close until one year post death" of Mr. Schoenbachler, Sr. Mr. Kean spoke in favor of his client maintaining his property. The Lease Agreement applies to the entire 40 -acre property. The license in the pasture area and residence is only 8 to 10 acres. That lease expires in 2052. In the meantime, the parties entered into the agreement to ensure no other party would be able to obtain the property. Mr. Schoenbachler, Jr., Manager of Shoenbachler, LLC, negotiated the contract (on behalf of his father) with the Segales. He came to this meeting in the event questions arise as a result of the contract. He reported the contract was written in such a way so as to allow his father to remain on the property until his death. Ms. Linder noted that when the City began design of both roads, staff believed Segale had ownership of all property necessary to carry out the project. She asked when staff learned differently. Ms. Verner informed Council staff learned the fact in late June, 2005. Under the proposed project, two- thirds of the llama pasture would be eliminated Mr. McKean said Mr. Schoenbachler cannot cope with that. City of Tukwila Page 4 of 6 City Council Regular Meeting Minutes August 15. 2005 Mr. Robertson noted the "40 -foot pond maintenance road" is the same as a "haul road." The haul road is useful in hauling dump truck materials to dig out dirt from the area to the right of the Schoenbachler's. residence. HERNANDEZ MOVED; DUFFIE SECONDED; TO LEAVE THE PUBLIC HEARING OPEN ONE WEEK TO ALLOW FOR ADDITIONAL COMMENTS. The motion carried 7 -0. UNFINISHED BUSINESS: An ordinance amending the Tukwila Municipal Code to allow manufactured housing anywhere single- family dwellings are permitted and reauire design standards for all new single- family dwellings AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758, 1819 AND 1976 AND CHAPTERS 18.06, 18.50 AND 18.70 OF THE TUKWILA MUNICIPAL CODE, TO ALLOW MANUFACTURED HOUSING ANYWHERE SINGLE FAMILY DWELLINGS ARE PERMITTED AND TO IMPOSE DESIGN STANDARDS ON ALL SINGLE FAMILY DWELLINGS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. DUFFIE MOVED; HERNANDEZ SECONDED; TO READ THE 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* Discussion: Council debated the issue of whether or not garages and /or carports should be required when homes are built or re- built. Citizen Comment: Sharon Nakata. 11600 39 Avenue South, Tukwila, read a letter into the record in opposition to any requirement for garages or carports on newly constructed or rebuilt homes. In her desire to build at least one new home in Tukwila, Ms. Nakata stated "garages detract from the appearance of a new home as a gaping hole." Further she said creation of garages or carports lends itself to storing junk a trap she does not want to fall into. Georgina Kerr 3834 South 116 Street. Tukwila, Mary Whitline 11711 40 Avenue South. Tukwila, spoke in support of Ms. Nakata's statements. MOTION TO AMEND: LINDER MOVED; CARTER SECONDED; TO REMOVE SECTION 7 FROM THE PROPOSED ORDINANCE WHICH READS "7. HAVE A ONE -CAR OR LARGER GARAGE OR CARPORT. Discussion: Speaking in favor of the motion to amend were Councilmembers Hernandez, Carter and Fenton, as well as Council President Linder. Speaking in opposition to the motion to amend were Councilmembers Robertson and Haggerton. *Vote on the motion to amend carried 5 -2, with Councilmembers Robertson and Haggerton voting NO. *Vote on the main motion, as amended, carried 7 -0. City of Tukwila Page 5 of 6 City Council Regular Meeting Minutes August 15. 2005 APPROVED ORDINANCE #2098 NEW BUSINESS: A resolution setting a public hearing for vacating South 124 Street from East Marginal Wav South to Tukwila International Boulevard A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF SOUTH 124 STREET FROM EAST MARGINAL WAY SOUTH TO TUKWILA INTERNATIONAL BOULEVARD HERNANDEZ MOVED; DUFFIE SECONDED; TO HAVE THE RESOLUTION READ BY TITLE ONLY. The motion carried 7 -0. Shelley Kerslake, City Attorney, read the title of the proposed resolution. HERNANDEZ MOVED; LINDER SECONDED; TO ACCEPT THE PROPOSED RESOLUTION AS READ. The motion carried 7 -0. APPROVED RESOLUTION #1584 REPORTS: a. Mayor Mayor Mullet reported Malcolm Neely, Aquatics Program Manager, has suffered serious illness. Details will be gathered and information shared when appropriate. He also reported the passing of Shelley O'Keefe's (his Executive Assistant) mother. Her funeral is August 19. In Shelley's absence, Mamie Winkleman was hired to answer telephones and distribute mail. Her stay was very short (today was her last day) as she was hired as a schoolteacher and begins August 16 (tomorrow). The Mayor spoke highly of Derek Speck's work on the Tukwila Farmer's Market. People continue to enjoy this weekly event. Plans may materialize to keep it running each Wednesday through the end of September. More information will follow. b. Council Councilmember Joe Duffie attended a fundraiser for King County Councilmember (and WRIA 9 Co- Chair) Dow Constantine, an incumbent. Councilmember Joan Hernandez attended the Tukwila Chamber /Government Affairs Committee meeting on August 2; the same night she participated in the National Night Out Against Crime. On August 4 the Councilmember attended the Equity and Diversity Commission meeting, and finally, she joined many others at the fund raising dinner of the Tukwila Food Pantry on August 5. Council President Pamela Linder participated in the National Night Out Against Crime on August 2 and the Highway 99 Action Committee meeting on August 9. Councilmember Pam Carter reported the 2 Annual Tukwila Car Show is August 20. Recently, she has attended meetings relative to Streamlined Sales Tax and various legislative initiatives. Councilmember Jim Haggerton attended the August 5 Budget Workshop of the Cascade Water Alliance, the August 2 Tukwila Chamber /Government Affairs Committee meeting, the August 11 Cascade Water Alliance meeting and the August 16 Executive session of the Cascade Water Alliance. City of Tukwila Page 6 of 6 City Council Reaular Meetina Minutes Auaust 15. 2005 Councilmember Dennis Robertson attended this evening's Finance and Safety Committee meeting. The Councilmember opened his home /yard as one of the locations for the National Night Out Against Crime. Mr. Robertson provided the "Business Section" of the August 14 Seattle Times newspaper to Bob Baker, Deputy Clerk, and asked him to copy (for each councilmember) the article "Making Way for Warehouses." Councilmember David Fenton participated in the National Night Out Against Crime and gave kudos to City staff and administration who also participated in the event. c. City Administrator Rhonda Berry reported Hal Hiemstra and Michelle Guigerre would make a presentation at the August 22 meeting. All Councilmembers were invited to the Exit Interview with the Washington State Auditor on August 24 at 9:00 a.m. And, finally, Ms. Berry reported a City Council Special meeting on August 29 for a special presentation from Southwest Airlines on their proposed move from SeaTac International Airport to Boeing Field. d. City Attorney Shelley Kerslake reported local cities are being sued claiming franchise fees in conjunction with Seattle City Light are unlawful. Tukwila is among those cities and Ms. Kerslake may serve as Lead Counsel in that lawsuit. In a similar lawsuit, the plaintiff is suing Seattle City Light/Utilities and claiming billing procedures used in conjunction with fire hydrants is unlawful. Tukwila has 11 hydrants served by Seattle City Light /Utilities. The City is in the discovery phase relative to the School District's lawsuit. All witnesses (expert and otherwise) must be disclosed by mid September, 2005. A motion to dismiss is certain to occur at the conclusion of discovery. e. Legislative Analyst Lucy Lauterbach was absent. ADJOURNMENT: 9:21 p.m. DUFFIE MOVED; LINDER SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 7 -0. tti1 'Az vkQ Steve M. Mullet, Mayor Date minutes approved: October 3, 2005 RtigAt Robert H. Baker, CMC, Deputy City Clerk