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HomeMy WebLinkAbout2006-09-05 Regular MinutesSeptember 5, 2006 7:00 p.m. Council Chambers City Hall REGULAR MEETING MINUTES CALL TO ORDER /PLEDGE OF ALLEGIANCE Mayor Steven M. Mullet called the Tukwila City Council meeting to order at 7:05 pm and led the audience in the Pledge of Allegiance. ROLL CALL Jane Cantu, City Clerk, called the roll of the Council. Present were Dennis Robertson, Council President; Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pam Linder, and Verna Griffin. CITY OFFICIALS Steven M. Mullet, Mayor; Rhonda Berry, City Administrator; Peter Beckwith, Assistant City Attorney; Jim Morrow, Public Works Director; Steve Lancaster, Community Development Director; Kevin Fuhrer, Finance Director; David Haynes, Police Chief; Don Tomaso, Fire Marshal; Diane Jenkins, Council Assistant; Jane Cantu, City Clerk; Christy O'Flaherty, Deputy City Clerk. CITIZEN COMMENTS CONSENT AGENDA TUKWILA CITY COUNCIL Gary Carlson, 3725 South 144 Street (Larry's Market in Tukwila) introduced himself to the City Council. Mr. Carlson is the new owner of the market to be named Tukwila Trading Company. Mr. Carlson's family has been in the grocery business since 1919, and he looks forward to the market being an integral part of the community. He thanked the Mayor and Council for their support and is excited to be a part of the City. The Mayor and Councilmembers welcomed Mr. Carlson to the City and conveyed their enthusiasm regarding the new Tukwila Trading Company. a. Approval of minutes: 8/21/06 (Regular). b. Approval of vouchers #325976 326261 in the amount of $649,044.14 c. Approve issuance of fireworks permit to the Riverside Casino for their display on September 8, 2006. d. Approve a contract with the consulting firm of Adolfson and Associates not to exceed $48,000 to assist DCD in the preparation of the Shoreline Master Program Update. MOVED BY ROBERTSON, SECONDED BY HAGGERTON TO APPROVE THE CONSENT AGENDA AS SUBMITTED.* Council President Robertson requested that Item 3C Approve issuance of fireworks permit to the Riverside Casino for their display on September 8, 2006 be removed from the Consent Agenda and placed under New Business as Item 6B. MOVED BY ROBERTSON, SECONDED BY DUFFIE TO AMEND THE CONSENT AGENDA BY REMOVING ITEM 3C AND PLACING IT UNDER NEW BUSINESS ITEM 6B. MOTION CARRIED. *MOTION CARRIED TO APPROVE THE CONSENT AGENDA AS AMENDED. City of Tukwila Page 2 of 8 City Council Reaular Meetina Minutes Seotember 5. 2006 PUBLIC HEARING Development agreement with Wig Properties LLC -SS for the development of Southcenter Square. The development agreement is for the retail redevelopment of the J.C. Penney's warehouse site on Southcenter Parkway including the undeveloped rear 5 acres, which contains wetlands. The agreement stipulates the conditions of use of Tukwila Pond Park for off -site wetland mitigation, approves the development of future public infrastructure adjacent to the project site, and outlines other terms for development. A public hearing is required. 7:16 pm: Mayor Mullet opened the public hearing and called for citizen comments. 7:16 pm: No citizen comments were received, and Mayor Mullet closed the public hearing. UNFINISHED BUSINESS a. A resolution authorizing entry into a Development Agreement, with WIG Properties LLC -SS, for the development of Southcenter Square. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING ENTRY INTO A DEVELOPMENT AGREEMENT WITH WIG PROPERTIES LLC SS FOR THE DEVELOPMENT OF SOUTHCENTER SQUARE. MOVED BY DUFFIE, SECONDED BY LINDER THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Assistant City Attorney, Peter Beckwith, read the proposed resolution by title only. MOVED BY DUFFIE, SECONDED BY LINDER THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1610. b. A resolution rejecting all bids submitted for the Boeing Access Road and East Marginal Way Intersection Resurfacing Project. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REJECTING ALL BIDS SUBMITTED FOR THE BOEING ACCESS ROAD EAST MARGINAL WAY INTERSECTION RESURFACING PROJECT. MOVED BY HAGGERTON, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Assistant City Attorney, Peter Beckwith, read the proposed resolution by title only. MOVED BY DUFFIE, SECONDED BY HAGGERTON THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1611. c. A resolution expressing support of the King County Automated Fingerprint Identification System (AFIS) program levy. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING SUPPORT OF THE KING COUNTY AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AFIS) PROGRAM LEVY. MOVED BY CARTER, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Assistant City Attorney, Peter Beckwith, read the proposed resolution by title only. City of Tukwila Page 3 of 8 Citv Council Regular Meeting Minutes September 5. 2006 MOVED BY DUFFIE, SECONDED BY HAGGERTON THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Councilmember Carter emphasized the need to seek citizen comments before passage of the resolution supporting this ballot measure. Mayor Mullet asked for any comments from the audience. Anna Bernhard, 14241 59 Avenue South, expressed support for the fingerprint identification system. *MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1612. d. Two motions reaffirming the Utility Tax ordinance: 1) A motion affirming an increase in the City's utility tax from 5% to 6 effective 1/1/07, per enabling Ordinance No. 1998. Councilmember Carter conveyed that when the City originally implemented the Utility Tax, it was not set at the highest rate. Due to current economic conditions, a 1% increase is being proposed. MOVED BY CARTER, SECONDED BY HAGGERTON TO AFFIRM AN INCREASE IN THE CITY'S UTILITY TAX FROM 5% TO 6 EFFECTIVE 1/1/07, PER ENABLING ORDINANCE NO. 1998.* Councilmember Hernandez inquired as to the additional cost for ratepayers. Councilmember Carter indicated the amount would be $1.00 for every $100 of a utility bill, noting the amount of consumption and special features could vary for each customer. Councilmember Hernandez reiterated that low income senior citizens are eligible to receive rebates. *MOTION CARRIED 7 -0. 2) A motion affirming an increase in the payment associated with the Seattle City Light Agreement from 5% to 6 effective 1/1/07, per Ordinance No. 2012. MOVED BY CARTER, SECONDED BY HAGGERTON TO AFFIRM AN INCREASE IN THE PAYMENT ASSOCIATED WITH THE SEATTLE CITY LIGHT AGREEMENT FROM 5% TO 6 EFFECTIVE 1/1/07, PER ENABLING ORDINANCE NO. 2012. MOTION CARRIED 7 -0. e. Proposed amendments to Fire Code Ordinances (five) necessary to standardize the language in certain sections of the TMC. 1) An ordinance amending Ordinance No. 2047, as codified at Chapter 16.16, "International Fire Code," amending provisions for re- inspection fees and violations /penalties. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2047, AS CODIFIED AT CHAPTER 16.16, "INTERNATIONAL FIRE CODE," OF THE TUKWILA MUNICIPAL CODE; AMENDING PROVISIONS FOR RE- INSPECTION FEES AND VIOLATION /PENALTIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY CARTER, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Assistant City Attorney, Peter Beckwith, read the proposed ordinance by title only. MOVED BY CARTER, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2129. City of Tukwila Page 4 of 8 City Council Regular Meeting Minutes September 5, 2006 2) An ordinance amending Ordinance No. 2050, as codified at Chapter 16.42, "Sprinkler Systems," amending provisions for re- inspection fees and violations /penalties; establishing appeal provisions. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2050, AS CODIFIED AT TMC CHAPTER 16.42, "SPRINKLER SYSTEMS," AMENDING PROVISIONS FOR RE- INSPECTION FEES AND VIOLATIONS/ PENALTIES; ESTABLISHING APPEALS PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY CARTER, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Assistant City Attorney, Peter Beckwith, read the proposed ordinance by title only. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2130. 3) An ordinance amending Ordinance No. 2051, as codified at Chapter 16.40, "Fire Alarms," amending provisions for re- inspection fees and violations /penalties; establishing appeal provisions. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON AMENDING ORDINANCE NO. 2051, AS CODIFIED AT TMC CHAPTER 16.40, "FIRE ALARMS," AMENDING PROVISIONS FOR RE- INSPECTION FEES AND VIOLATIONS /PENALTIES; ESTABLISHING APPEAL PROVISIONS 1742 PART A; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY CARTER, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Assistant City Attorney, Peter Beckwith, read the proposed ordinance by title only. MOVED BY CARTER, SECONDED BY HAGGERTON THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2131. 4) An ordinance amending Ordinance No. 2052, as codified at Chapter 14.24, "Fire Hydrants," clarifying fire hydrant installation requirements; amending requirements for exceptions; establishing provisions for re- inspection fees, violations /penalties, and appeals. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2052, AS CODIFIED AT TMC CHAPTER 14.24, "FIRE HYDRANTS," CLARIFYING FIRE HYDRANT INSTALLATION REQUIREMENTS; AMENDING REQUIREMENTS FOR EXCEPTIONS; ESTABLISHING PROVISIONS FOR RE- INSPECTION FEES, VIOLATIONS /PENALTIES, AND APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY CARTER, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Assistant City Attorney, Peter Beckwith, read the proposed ordinance by title only. MOVED BY CARTER, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2132. City of Tukwila Page 5 of 8 Citv Council Regular Meetina Minutes September 5. 2006 5) An ordinance amending Ordinance No. 2053, as codified at Chapter 16.48, "High Rise Buildings," establishing provisions for re- inspection fees, violations /penalties; exceptions and appeals. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2053, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.48, "HIGH RISE BUILDINGS," ESTABLISHING PROVISIONS FOR RE- INSPECTION FEES, VIOLATIONS /PENALTIES, EXCEPTIONS AND APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY CARTER, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Assistant City Attorney, Peter Beckwith, read the proposed ordinance by title only. MOVED BY CARTER, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2133. NEW BUSINESS a. Authorize the Mayor to enter into an interlocal agreement allowing the Valley Cities group to hire CBG Consulting, Inc. and appropriate $39,050 of the Department of Justice /Cops More Grant funding to undertake a regional wi -fi feasibility study. A previous interlocal agreement between the Valley Cities (Auburn, Fife, Puyallup, Sumner, Algona, Pacific, Kent, Renton, and Tukwila) for cooperation in acceptance and use of a Department of Justice /COPS More Grant allocation was signed by the respective Mayors in June, 2006. These funds are earmarked for a regional wi -fi network feasibility study. The Valley Cities group has now selected CBG Consulting, Inc. as a consultant for this project. The participant cities are being asked to approve and sign this interlocal agreement to hire CBG Consulting to perform the feasibility study. MOVED BY CARTER, SECONDED BY LINDER TO AUTHORIZE THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT ALLOWING THE VALLEY CITIES GROUP TO HIRE CBG CONSULTING, INC. AND APPROPRIATE $39,050 OF THE DEPARTMENT OF JUSTICE/COPS MORE GRANT FUNDING TO UNDERTAKE A REGIONAL WI -FI FEASIBILITY STUDY.* Rhonda Berry, City Administrator, stated that the Finance and Safety Committee did have some questions regarding how the survey was carried out and why it was a residential as opposed to business survey. Ms. Berry will relay these questions to the IT Manager for a response. *MOTION CARRIED 7 -0. b. Approve issuance of fireworks permit to the Riverside Casino for their display on September 8, 2006. (Removed from the Consent Agenda, per motion on Page 1) Councilmember Carter indicated this item was discussed at the Finance and Safety Committee meeting on September 5, 2006. The committee moved the item forward to the full Council for further discussion and consideration. A public fireworks display permit has been applied for relative to the grand opening of the Riverside Casino located at 14060 Interurban Avenue South. They have requested a permit to use firecracker ropes in conjunction with the grand opening slated for September 8, 2006. Firecracker ropes can contain either 5,000 or 10,000 firecrackers that are lit providing a display of between 3 to 7 minutes for the 5,000 rope and 10 to 12 minutes for the 10,000 rope. Pursuant to TMC 8.12, all public displays shall be reviewed by the City Council. Don Tomaso, Fire Marshal, provided background information on this issue. Mr. Tomaso indicated the proprietors of the Riverside Casino would like to have a public fireworks display as part of their grand opening event. They have acquired 12 ropes that have no more than 1400 firecrackers. The display is City of Tukwila Page 6 of 8 City Council Regular Meeting Minutes September 5. 2006 scheduled for September 8, 2006 between 7:00 -8:00 pm and will take place on an asphalt parking lot and presents no fire hazard. The lighting of the firecrackers should not take more than 30 minutes. Tukwila Municipal Code Chapter 8.12 outlines a ban on fireworks, but the City cannot ban a public display. RCW 70.77.255 delineates that a public display can only be banned if safety concerns are present; this proposal does not reflect problems with safety. Rhonda Berry, City Administrator, stated that the fireworks ordinance should be reviewed in the future regarding housecleaning issues. Currently any establishment applying for a fireworks permit has to prove that certain conditions are met prior to discharging the fireworks. Any conditions the City puts on the approval of the permit, such as citizen notification requirements, would have to be done prior to issuance of the permit. The City is restricted on prohibiting public displays based on State law. The permit for this event was applied for on August 22, within the 14 -day required time frame. Art Rosengren, 4022 South 150 asked that the fireworks permit request be denied. He has concerns about safety hazards and human error as well as possible injuries. Veterans and immigrants from war torn countries as well as animals can become traumatized by the noise. Anna Bernhard, 14241 59 Avenue South, stated she is disappointed that public displays near residential areas could be allowed. There are fire dangers to homes, and the noise can be very traumatic. MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO DENY THE ISSUANCE OF A FIREWORKS PERMIT TO THE RIVERSIDE CASINO FOR THEIR DISPLAY ON SEPTEMBER 8, 2006.* The Councilmembers discussed the need to adhere to State law and City legal requirements regarding fireworks as well as the responsibility to respond to citizen concerns. *MOTION FAILED 2 -5 (2 =YES <DUFFIE, HERNANDEZ 5 NO <ROBERTSON, CARTER, HAGGERTON, UNDER, GRIFFIN Discussion ensued among the Councilmembers regarding the need to effectively notify the public regarding the event as well as minimizing negative impacts that could effect the surrounding area. MOVED BY CARTER, SECONDED BY LINDER TO APPROVE THE ISSUANCE OF A FIREWORKS PERMIT TO THE RIVERSIDE CASINO FOR THEIR DISPLAY ON SEPTEMBER 8, 2006, TO INCLUDE THE FOLLOWING CONDITIONS: (1) THE FIREWORKS DISPLAY WILL NOT GO ON FOR MORE THAN 30 MINUTES; (2) THE FIREWORKS DISPLAY WILL NOT GO PAST 8:00 PM; (3) THE PUBLIC WILL BE NOTIFIED WITH FLYERS AND THROUGH THE USE OF A READER BOARD. MOTION CARRIED 6 -1 WITH HERNANDEZ VOTING NO. Council President Robertson asked that Fire Department staff review the flyers prior to distribution to the citizens. REPORTS a. Mayor Mayor Mullet reported that he will be leaving for Vancouver, Washington, on September 6, 2006 to attend the Governor's Conference regarding job creation. On September 7, 2006 he will be in Spokane at the Washington State Building Code Council. On September 15, 2006 he will throw the opening pitch at the senior softball tournament. b. City Council Councilmember Duffie reported that school started today, and the abundance of traffic and parking problems at Tukwila Elementary School caused serious safety concerns. A fire truck was unable to get through to deal with a broken gas line. Mr. Duffie would like to see the City take steps to alleviate this problem. City of Tukwila Page 7 of 8 Citv Council Reaular Meetina Minutes Seotember 5. 2006 Councilmember Hernandez attended the August 30, 2006 Tukwila Pond charette and found it to be an excellent presentation. She also attended the Tukwila Government Affairs meeting on September 5, 2006 where an update regarding Sound Transit and the station in Tukwila was provided. Ms. Hernandez commended the fire department for their quick response to an August 31, 2006 kitchen fire at the Sunwood Condominiums. Council President Robertson reported that the Council Assistant will begin investigating a citizen complaints tracking system. This task will remain a lower priority behind the upcoming Information Technology and Communications (ITC) event to be held in Tukwila on September 14, 15, 16, 2006. The Council Assistant will then be working with the Information Technology Division regarding City Council email issues. Once these tasks have been completed, the tracking system issue will be pursued. The Excel based spreadsheet will be utilized until that time. Councilmember Haggerton attended the Tukwila Pond charette on August 30, 2006. He also attended the Tukwila Government Affairs meeting on September 5, 2006 and the Pacific Crest Brewing Company event on September 2, 2006. Councilmember Linder attended the Tukwila Pond charette on August 30, 2006. Councilmember Griffin attended the Tukwila Pond charette on August 30, 2006 and felt the break out sessions were very beneficial. She is also aware of the traffic /parking issues at Tukwila Elementary School and would like to see efforts taken toward resolution. c. Staff Rhonda Berry, City Administrator, reported that a consultant has been hired to do a design for the Tukwila station. In order for this issue to be included in Sound Transit2, a design and rough cost estimate is required. Ms. Berry also reported that the Finance Department staff is looking into the issue regarding Seattle Jaycees request for gambling tax relief. Currently the Jaycees pay $75,000 in gambling tax at a 5% rate for non profit organizations. Other gambling establishments can pay up to 20 After the $75,000 gambling tax is paid, the Jaycees have indicated there are not enough funds to make charitable donations, which is a requirement of the Gambling Commission. Some research has been done, and the City of Lakewood has 5 non profit gambling establishments that have been exempted from paying the gambling tax. Kevin Fuhrer, Finance Director, indicated he has requested and recently received financial documents from the Seattle Jaycees. He will need to review the documents to attain more information and will then seek direction from the Council on the next steps. d. City Attorney There was no report. e. Intergovernmental There was no report. MISCELLANEOUS Councilmember Haggerton expressed thanks for the efforts provided by Diane Jenkins, Council Assistant, and Kari Gallaway, Tourism and Marketing Business Community Liaison, regarding the upcoming ITC event. The Information Technology and Communications (ITC) conference will take place at the Embassy Suites Hotel in Tukwila on September 14, 15, 16, 2006. City of Tukwila Page 8 of 8 Citv Council Reaular Meetina Minutes September 5. 2006 ADJOURNMENT 8:45 pm. MOVED BY DUFFIE, SECONDED BY LINDER THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Steven M. Mullet, Mayor Christy OTlaherty, DeputYCq Clerk APPROVED BY THE CITY COUNCIL: 9/18/06