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HomeMy WebLinkAbout2005-12-05 Regular MinutesCALL TO ORDER/PLEDGE OF ALLEGIANCE: TUKWILA CITY COUNCIL December 5, 2005 7:00 p.m. Council Chambers City Hall REGULAR MEETING MINUTES Calling the meeting to order and leading the Pledge of Allegiance at 7:00 p.m., was Steven M. Mullet, Mayor. 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; Shelley Kerslake, City Attorney; Lucy Lauterbach, Legislative Analyst; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Evelyn Boykan, Human Services Program Manager; Jack Pace, Deputy Director of Community Development; Jim Morrow, Director of Public Works; Cyndy Knighton, Senior Transportation Engineer; Kevin Fuhrer, Director of Finance; Derek Speck, Economic Development Administrator; Gail Labanara, Public Works Analyst; David Haynes, Police Chief; Bruce Fletcher, Director of Parks and Recreation; Stacy Hansen, Human Services Specialist; and Katherine Kertzman, Tourism and Marketing Program Manager; SPECIAL PRESENTATIONS: well. Report from BuRSST Burien, Renton, SeaTac, Skyway and Tukwila) in association with Northwest Area Foundation (Bill Hooper) Evelyn Bovkan, Human Services Program Manager, spoke briefly on BuRSST and introduced Bill Hopper. Bill Hopper. BuRSST representative, reported the communities of Burien, SeaTac, Tukwila, Renton, and Skyway are included in an area identified (five years ago) by the Northwest Area Foundation. The area noted is a prime area where challenging trends are evolving. The trend is the shift in urban poverty from urban, inner -city neighborhoods to the "first ring" communities at the City of Seattle's edge. It is to such communities that the children of big -city residents are moving. They seek more affordable housing, better schools and new /increased employment opportunities. Additionally, refugees and immigrants who would once have gone to inner -city neighborhoods now seek a foothold in surrounding cities and communities. In 2003, the Northwest Area Foundation formed a team with community members to gather information and demographics of the area specified. That team reached out to the community members struggling with poverty. Together, they created a vision of "a community that welcomes, values, and cares for each other, and encourages connection, participation and involvement so that all community members live After hiring 15 individuals to inform residents about the program and let them know about currently existing programs and available resources, a strategic plan was developed and strategies were created. Representatives responded to needs such as employment, low- income tax preparation assistance, legal assistance, health care issues, and utility rates assistance. Mr. Hopper spoke of building network connections within the community as a way to strengthen each of the affected communities. The Northwest Area Foundation has now identified the BuRSST communities as a "venture community" and will fund poverty alleviation work in this area with $10 million over 10 years. City of Tukwila Page 2 of 9 City Council Reaular Meeting Minutes December 5. 2005 The strategic plan for this work has the following four goals: 1) Improve family stability, 2) Expand economic opportunity, 3) Invest in children and youth, and 4) Build strong communities. It is BuRSST's belief that the Northwest Area Foundation and community team have already raised the community's energy and will to succeed. With the proposed investments and integrity of the strategies, the venture can be a powerful force for change. Working together, the program will substantially improve the lives of those in the community and will enhance the prospects of future generations as well. Among answers to other Council inquiries, Mr. Hopper reported being a long -time Tukwila resident and graduate of Foster High School. APPOINTMENTS: Lodaina Tax Advisory Board Craig O'Neill Fills unexpired term of Bill Haves Katherine Kertzman introduced Craig O'Neill, Director of Marketing and Sales at the Museum of Flight. Ms. Kertzman has worked closely with Mr. O'Neill on many issues and spoke in favor of his appointment to the Board. Mr. O'Neill agreed to serve if appointed. DUFFIE MOVED; HERNANDEZ SECONDED; TO APPOINT CRAIG O'NEILL TO THE LODGING TAX ADVISORY BOARD TO FILL THE UNEXPIRED TERM OF BILL HAYES. The motion carried 7 -0. *Clerical note: There is no term expiration date associated with this Board. Civil Service Commission Anna Bernhard Position #2 Term to expire 12 -31 -11 HERNANDEZ MOVED; HAGGERTON SECONDED; TO REAPPOINT ANNA BERNHARD TO THE CIVIL SERVICE COMMISSION, POSITION #2, WITH A TERM TO EXPIRE 1241 -11.* Serving on the Commission since 1978, Ms. Bernhard said she would be proud to serve if re- appointed. *The motion to reappoint Ms. Bernhard carried 7 -0. Library Advisory Board Mac McDonald Position #3 Term to exoire 12 -31 -07 Bruce Fletcher introduced all three members. He said they have been busy this year with community events. Mr. McDonald was present and agreed to serve if reappointed. HAGGERTON MOVED; LINDER SECONDED; TO REAPPOINT ARTHUR "MAC" MCDONALD TO THE LIBRARY ADVISORY BOARD, POSITION #3, WITH A TERM TO EXPIRE 12- 31 -07. The motion carried 7 -0. Sue King Position #4 Term to exoire 12 -31 -07 Ms. King stated the Board stays busy and the City is getting their monies worth from the King County Library System." She agreed to serve if reappointed. CARTER MOVED; ROBERTSON SECONDED; TO REAPPOINT SUE KING TO THE LIBRARY ADVISORY BOARD, POSITION #4, WITH A TERM TO EXPIRE 12- 31 -07. The motion carried 7 -0. Steve Schneider Position #5 Term to expire 12 -31 -07 ROBERTSON MOVED; DUFFIE SECONDED; TO REAPPOINT STEVE SCHNEIDER TO THE LIBRARY ADVISORY BOARD, POSITION #5, WITH A TERM TO EXPIRE 12- 31 -07. The motion carried 7 -0. City of Tukwila Page 3 of 9 City Council Reaular Meetina Minutes December 5. 2005 CITIZEN COMMENT: Rhonda Berry. City Administrator, reported receipt of correspondence regarding contracted jail services with Yakima County Department of Corrections. An executive summary was prepared and distributed for the information of Council which included speaking points on a consultant's report regarding inmate safety and medical care as well as recommendations on those same issues. CONSENT AGENDA: DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS PRESENTED. The motion carried 7 -0. PUBLIC HEARING: Comprehensive Plan Transportation Element Amendments Jack Pace. Deputy Director of Community Development, reported review of this item by the City's Planning Commission, Transportation Committee and the City Council Committee of Whole. Presented for this public hearing is a draft ordinance which would amend the transportation element of the City's Comprehensive Plan. Also present to assist in discussions were Jim Morrow, Public Works Director, and Cyndy Knighton, Senior Traffic Engineer. 7:48 p.m. a. Approval of Minutes 8/29/05 Special: 11/21/05 Reaular b. Approval of Vouchers #319975 320246. in the amount of $1.508.508.95 Mayor Mullet opened the public hearing and called for citizen comment. No one spoke. After calling for citizen comment a second time and receiving none, Mayor Mullet sought council discussion on the proposed ordinance. Councilmember Carter questioned staff and sought clarification to several sections of the proposed ordinance. Mr. Morrow and Ms. Knighton provided related answers. Of importance, Ms. Carter questioned the difference between "shall" and "should" when included in proposed ordinances. Shelley Kerslake, City Attorney, reported the word "Shall" denotes a requirement to do something or perform a specific action. The word "should" is not as strong in its directive powers. With that stated, Ms. Carter and Councilmember Robertson spoke in favor of making changes (at the appropriate time) to particular sections of the Transportation element of Tukwila's Comprehensive Plan. For the benefit of those present, grammatical edits and changes (not substantive in nature) made after the Committee of Whole meeting, were reviewed by Ms. Knighton. 8:03 p.m. Mayor Mullet closed the public hearing. Formal action will take place under the heading of Unfinished Business. UNFINISHED BUSINESS: a. An ordinance amending the Transportation Element of the Comprehensive Plan AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE TRANSPORTATION ELEMENT OF THE CITY OF TUKWILA'S COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE FENTON MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY TITLE ONLY. The motion carried 7 -0. City of Tukwila Page 4 of 9 City Council Regular Meetina Minutes December 5. 2005 Shelley Kerslake, City Attorney, read the title of the proposed ordinance. FENTON MOVED; DUFFIE SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ. Debate ensued. Motion to amend: CARTER MOVED; FENTON SECONDED; TO AMEND EXHIBIT A OF THE PROPOSED ORDINANCE (TUKWILA COMPREHENSIVE PLAN TRANSPORTATION ELEMENT) POLICY SECTION 13.4.12 LINE ONE STRIKE "SHOULD" INSERT "SHALL If the motion carries, the sentence would read The development of any light rail or commuter rail system shall meet the following..." *The motion to amend the exhibit to the proposed ordinance carried 7 -0. The exhibit shall be amended. *The motion to adopt the proposed ordinance, as amended, carried 7 -0. APPROVED ORDINANCE #2108 b. An ordinance adopting the Proposed 2006 Budaet AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE ANNUAL BUDGET OF THE CITY OF TUKWILA FOR THE FISCAL YEAR 2006; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE ROBERTSON MOVED; FENTON 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; ROBERTSON SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ.* Discussion ensued. Questions were answered. Personal opinions of the Council were presented. *The motion to adopt the proposed ordinance carried 7 -0. APPROVED ORDINANCE #2109 c. A resolution approvina the Proposed 2006 -2011 Financial Plannina Model and Capital Improvement Proaram (CIP) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2006 -2011 FINANCIAL PLANNING MODEL AND THE CAPITAL IMPROVEMENT PROGRAM FOR GENERAL GOVERNMENT AND THE CITY'S ENTERPRISE FUNDS FENTON MOVED; ROBERTSON SECONDED; TO HAVE THE PROPOSED RESOLUTION READ BY TITLE ONLY. The motion carried 7 -0. Shelley Kerslake, City Attorney, read the title of the proposed resolution. FENTON MOVED; DUFFIE SECONDED; TO ADOPT THE PROPOSED RESOLUTION AS READ.* Discussion followed. Questions were answered. *The motion to approve the resolution as presented carried 7 -0. APPROVED RESOLUTION #1597 City of Tukwila Page 5 of 9 City Council Reaular Meetina Minutes December 5. 2005 NEW BUSINESS: a. Proposed lease aareement with the Wav Back Inn for Foster House at 14239 42 "a Avenue South Stacy Hansen. Human Services Specialist. reported the drafting of a proposed lease agreement for proposed transitional housing. If approved, this would be the third property leased to the Way Back Inn all for the same purpose. The proposed agreement is written to allow no cost transitional housing to "pre screened, qualifying homeless families" (with at least one child under the age of 14). In return for use of the home at 14239 42 "d Avenue South, Way Back Inn and its volunteers will clean and prepare the property in line with program goals, expectations and use. Further, the proposed lease agreement notes the City's agreement to pay up to $1,200.00 per calendar year for electrical bills at that address. And, for reference, this residence will be called "Foster House." ROBERTSON MOVED; DUFFIE SECONDED; TO AUTHORIZE MAYOR MULLET TO SIGN A LEASE AGREEMENT WITH THE WAY BACK INN FOR USE OF THE PROPERTY AT 14239 42 AVENUE SOUTH, TO BE KNOWN AS "FOSTER HOUSE. Councilmembers Robertson and Carter spoke in favor of the proposed lease agreement. Council President Linder noted tours of transitional housing in Tukwila have been offered before residents move in and asked Ms. Hansen if that would be possible for this site. Ms. Hansen reported in the affirmative and agreed to contact Council at the appropriate time. *The motion to authorize the Mayor to sign the proposed lease agreement carried 7 -0. Clerical note: As reported to the City Clerk's Office on December 13, 2005, Foster House will be known as Gregor House. For ease in future key -word searches within the minutes and the City's contract database, this notation is being made. b. An ordinance regarding Concurrencv Management AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REGARDING CONCURRENCY MANAGEMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE FENTON 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. FENTON MOVED; DUFFIE SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ.* Debate ensued. Councilmember Haggerton provided background on the proposed ordinance and complimented those involved with its preparation. Jim Morrow. Public Works Director. reported the proposed ordinance is necessary to implement level of service policies previously approved by the Council and contained in the City's Comprehensive Plan update. Attachment A to the proposed ordinance provides information on how concurrency management works. He reviewed that attachment with Council. The proposed ordinance codifies the proposed level of service standards contained in Tukwila's existing Comprehensive Plan and the proposed update to the Transportation Element of that plan. Required steps to receive a Certificate of Concurrency for transportation, water, sewer and surface water are defined as well. Mr. Morrow recited various portions of the proposed ordinance for the benefit of Council members and those in the audience. City of Tukwila Page 6 of 9 City Council Reaular Meetina Minutes December 5. 2005 Upon review of Section 7, line 2, Councilmember Robertson spoke in favor of inserting the words "dwelling unit" between the words "family" and "building If that is done, the sentence would read, "The requirement for a concurrency test shall not apply to single family dwelling unit building permits..." Asking about Section 8, Vesting, Councilmember Hernandez asked about any current applications which may be vested. Mr. Morrow provided clarification to three regulations that trigger being vested with the City. He stated applicants who have submitted either a building permit application, entered into formal negotiations with the City for a developer's agreement, or those who have a signed agreement in place which addresses traffic concurrency, shall be vested under the rules and regulations in effect prior to the date of the proposed ordinance. For the record, Mr. Morrow noted JC Penney's (the site on the which the former business sits) does not have a pending application, and therefore does not qualify for any of the exemptions. Westfield Corporation is exempt under the rules; and, since the City has entered into formal negotiations with La Pianta (relative to the Tukwila South project), they are vested. No others will be vested. Mark Seaale. Seaale Properties., thanked the Council for including language in the proposed ordinances allowing for vesting of the Tukwila South Project due to the development agreement negotiations. Mr. Segale agreed and acknowledged receipt of correspondence (today) that they are in formal negotiations with the City for the Tukwila South project. Thus, their project is vested. Mr. Segale noted Segale Properties and La Pianta are opposed to any proposed amendments which would set a time deadline (sunset clause) for completion of the development agreement. This opposition exists as "third party negotiations exist" over which Segale Properties and La Pianta "have no control" and may influence when the development agreement is completed. Further, he stated, "setting a deadline for negotiations is in no one's best interest." This comment relates to Section 8, Vesting, of the proposed ordinance which reads, "Applicants shall be vested under the laws, rules and other regulations in effect prior to the effective date of this ordinance if they have, prior to the effective date of this ordinance: 1. Submitted a building permit application that the City has deemed complete; or 2. Entered into formal negotiations with the City, for a development agreement in accordance with RCW 36.708.170 through 36.708.210; or 3. Have a signed agreement with the City that is still in effect." Council President Linder voiced disagreement with Mr. Segale on the issue and said a deadline for conclusion of negotiations is important. Councilmember Robertson also stated his disagreement, and noted contracts, agreements, building permits and other legal documents include termination clauses within them. This, he noted, should be no different. This issue was greatly debated with many Councilmembers stating personal viewpoints. Citing many hours of debate, discussion and brainstorming by City staff and various legislative bodies within the City, Councilmembers Haggerton, Hernandez, Duffie and Fenton spoke in opposition to including a deadline in the proposed ordinance. In response, Shelley Kerslake, City Attorney, provided information on Section 8. She noted that as worded, "the door is open for any applicant" to indicate they have entered into formal negotiations, at any time, thus perhaps necessitating an annual review of such agreements. HERNANDEZ MOVED THE PREVIOUS QUESTION; DUFFIE SECONDED. DISCUSSION CONTINUED. ROBERTSON MOVED; LINDER SECONDED; TO AMEND SECTION 8, §2, BY ADDING THE WORDS, "AND SIGN SUCH AN AGREEMENT BY JANUARY 1, 2007" TO THE END OF LINE TWO, BEFORE THE SEMI COLON AND THE WORD "OR Discussion ensued on the motion to amend with Councilmember Robertson first speaking to his motion. A roll call vote was conducted on the motion to amend. Councilmember Duffle No Councilmember Hernandez No City of Tukwila Page 7 of 9 City Council Reaular Meetina Minutes December 5. 2005 Council President Linder Yes Councilmember Carter Yes Councilmember Haggerton No Councilmember Robertson Yes Councilmember Fenton No *The motion to amend the proposed ordinance was defeated by a vote of 3-4. HERNANDEZ MOVED THE PREVIOUS QUESTION. DUFFIE SECONDED. DISCUSSION CONTINUED. Ms. Carter noted a correction should be made correcting a scribner's error. The words "UNIFORM BUILDING CODE" shall be stricken and the words "INTERNATIONAL BUILDING CODE" shall be inserted. DUFFIE MOVED THE PREVIOUS QUESTION. The motion died for lack of a second. Continuing debate on the issue of vesting, Councilmember Robertson spoke against potentially vesting the Tukwila South project "forever." ROBERTSON MOVED; CARTER SECONDED; TO AMEND THE PROPOSED ORDINANCE BY ADDING THE WORDS "DWELLING UNIT" TO SECTION 7, LINE 2, BETWEEN THE WORDS "FAMILY" AND "BUILDING The motion to amend the proposed ordinance carried 7 -0. Hearing no other debate, MAYOR MULLET CONDUCTED A ROLL CALL VOTE ON THE MOTION TO ADOPT THE PROPOSED ORDINANCE, AS AMENDED. Councilmember Duffie Yes Councilmember Hernandez Yes Council President Linder No Councilmember Carter Yes Councilmember Haggerton Yes Councilmember Robertson No Councilmember Fenton Yes The motion to adopt the proposed ordinance, as amended, carried 5 -2. APPROVED ORDINANCE #2110 c. An ordinance regarding Transportation Concurrencv Standards and Impact Fees AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REGARDING CONCURRENCY STANDARDS AND TRANSPORTATION IMPACT FEES; REPEALING ORDINANCE NO. 2043; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE FENTON MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY TITLE ONLY. The motion carried 6 -0, with Councilmember Haggerton being absent. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. FENTON MOVED; DUFFIE SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ.* Discussion ensued. Councilmember Robertson noted the need to correct a scribner's error in 9.48.140. The numbering, as presented, is incorrect. Mr. Morrow reviewed highlights of the impact fees ordinance. Minor suggestions for edits in wording were previously received and /or made. City of Tukwila Page 8 of 9 City Council Reaular Meetina Minutes December 5. 2005 ROBERTSON MOVED; FENTON SECONDED; TO AMEND 9.48.030 §2 BY ADDING THE WORDS "ENTERED INTO FORMAL NEGOTIATIONS WITH THE CITY FOR A SPECIFIC PROJECT..." The motion to amend the proposed ordinance carried 6 -0, with Councilmember Haggerton being absent. For the record, Councilmember Robertson supports the Tukwila South project, yet noted that as written, the proposed ordinance says La Pianta is "exempted forever from concurrency," and the City must pay the difference between currently existing fees and those which will be in place at the time of agreement. For the record, Councilmember Linder called it "prudent to have a one -year deadline." MAYOR MULLET CONDUCTED A ROLL CALL VOTE ON THE MOTION TO ADOPT THE PROPOSED ORDINANCE, AS AMENDED. Councilmember Duffle Yes Councilmember Hernandez Yes Council President Linder No Councilmember Carter Yes Councilmember Robertson No Councilmember Fenton Yes The motion to adopt the proposed ordinance, as amended, carried 4 -2, with Councilmember Haggerton being absent from this portion of the meeting. APPROVED ORDINANCE #2111 d. An ordinance amending the 2005 Budget AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE 2005 BUDGET ADOPTED BY ORDINANCE NO. 2079, PROVIDING FOR UNANTICIPATED REVENUE TRANSFERS AND EXPENDITURES IN THE GENERAL FUND; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE ROBERTSON MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY TITLE ONLY. The motion carried 6 -0, with Councilmember Haggerton being absent. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. ROBERTSON MOVED; HERNANDEZ SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ. The motion carried 6 -0, with Councilmember Haggerton being absent. APPROVED ORDINANCE #2112 REPORTS: a. Mayor Derek Speck, Economic Development Administrator, reported he is in discussions with the Northfield Car Wash owner regarding the existing property exchange agreement. The owner has requested an extension. Mr. Speck assured Council a full report will be made after additional research and work are completed by City staff. b. Council Councilmember Duffie had no report. Councilmember Hernandez attended the November 29 Community Affairs and Parks Committee meeting and (later the same evening) a social event for Senator Margarita Prentice. City of Tukwila Page 9 of 9 City Council Reaular Meetina Minutes December 5. 2005 Council President Linder reported new and returning Councilmembers shall be sworn in on January 3, 2006 the first Regular meeting of the year. Councilmember Carter attended the December 1 Sound Transit meeting at Foster High School; the December 2 Sub -area Transportation Board Representatives meeting; and an AWC Board meeting on December 1 and 2. Councilmember Haggerton was absent at this point. Councilmember Robertson assured Council he will have vouchers reviewed by noon on December 16, and in light of the fact there is no Regular meeting on December 19, at least four Councilmembers must come into City Hall (particularly on December 16) to sign the voucher approval sheet. Councilmember Fenton had no report. c. Staff Rhonda Berry had no report. d. City Attorney Shelley Kerslake had no report. e. Intergovernmental Lucy Lauterbach had no report. ADJOURNMENT: 9:50 p.m. FENTON MOVED; DUFFIE SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 6 -0, with Councilmember Haggerton being absent. Steven M. Mullet, Mayor Robert H. Baker, Deputy City Clerk Date minutes approved: January 3. 2006 Regular Meeting