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HomeMy WebLinkAbout2007-01-16 Regular MinutesCALL TO ORDER/PLEDGE OF ALLEGIANCE ROLL CALL AMEND AGENDA TUKWILA CITY COUNCIL January 16, 2007 7:00 p.m. Council Chambers City Hall REGULAR MEETING MINUTES Mayor Steven M. Mullet called the Tukwila City Council meeting to order at 7:05 p.m. and led the audience in the Pledge of Allegiance. Barbara Saxton, Administrative Support Coordinator, called the roll of Council. Present were Verna Griffin, Council President, and Councilmembers Joe Duffle, Joan Hernandez, Pam Carter, Jim Haggerton, Pam Linder, and Dennis Robertson. MOVED BY HAGGERTON, SECONDED BY ROBERTSON TO AMEND THE AGENDA TO REMOVE ITEM 7.d., "AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH M. J. DURKAN, INC., IN THE AMOUNT OF $4,000.00 PER MONTH (PLUS EXPENSES) FOR 2007 LOBBYING SERVICES." MOTION CARRIED 7 -0. Mr. Haggerton stated that they plan to bring this item back to the Finance Safety Committee on February 5. CITY OFFICIALS Steven M. Mullet, Mayor; Rhonda Berry, City Administrator; Peter Beckwith, Assistant City Attorney; Steve Lancaster, Community Development Director; Jim Morrow, Public Works Director; Frank Iriarte, Deputy Public Works Director; Chief Dave Haynes, Police Dept.; Assistant Chief Darrell Baskin, Police Dept.; Kevin Fuhrer, Finance Director; Derek Speck, Economic Development Administrator; Brandon Miles, Assistant Planner; Diane Jenkins, Council Assistant; Barbara Saxton, Administrative Support Coordinator SPECIAL PRESENTATIONS a. Oath of office administered to Officer Marc Schutt, Tukwila Police Department (lateral hire). Police Chief Dave Haynes introduced Officer Marc Schutt, who previously worked in corrections and as a Deputy Sheriff in the State of Arizona. Mayor Mullet administered the oath, and Officer Schutt's wife, Susie, pinned on his badge #173). Officer Schutt stated that he is looking forward to giving 110 percent to protect and serve the citizens of Tukwila. b. Results of the ESL Summit presented by Bonnie Olson, Principal, Emerging Design Consulting This presentation is to be rescheduled at the request of the presenter due to inclement weather conditions. CITIZEN COMMENTS Dick Landen, 22820 148th Ave. SE, Kent, was advised by his tenants in Tukwila of a new business that has opened in the building next door to his building (at 401 Evans Black Dr.). He classifies the neighboring tenant as a sexually- oriented business and feels the Council dealt with the approval of their location here out of the public's view. He noted that they are open until 1:00 or 2:00 a.m., 7 days a week. It is costing him money for additional lighting and other security issues in order to make his tenant feel City of Tukwila Page 2 of 7 City Council Regular Meeting Minutes January 16. 2007 comfortable enough to stay. Mr. Landen referenced portions of the minutes from the September 11, 2006 City Council Committee of the Whole meeting, and the September 18, 2006 Regular Meeting, at which a public hearing was held. He also mentioned a consent agreement he said was signed in an executive session on September 14 (which he noted was between the two meeting dates noted above). Mr. Landen noted there are a number of public places in close proximity to the business location. He stated that he felt Council acted hastily and without forethought in approving the ordinance, and was giving notice that they would potentially litigate. Councilmember Haggerton noted that in all his years serving on the Council there has never been a vote taken nor has the Mayor ever signed a document in an Executive Session, as that is not allowed. Jesse Woods, 3924 S. 117th St., addressed the issue of the City putting an end to 3,300- square -foot lots. He noted that he has lived in Allentown for a long time and feels it looks 110 percent better now than it used to, and the housing is needed. He was asked to speak on the issue during the public hearing later on the agenda. CONSENT AGENDA a. Approval of Minutes: 1/2/07 (Regular) b. Approval of Vouchers: 2006 #328810, #328814, and #328819 #329085 in the amount of $1,701,657.96 2007 #328811 —#328813 and #328815 #328818 in the amount of $14,572.70 MOVED BY DUFFIE, SECONDED BY HERNANDEZ TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED 7 -0. PUBLIC HEARINGS a. Ordinance No. 2142 establishing a six -month moratorium on development of Tots not meeting the City's minimum lot size. The moratorium does not apply to certain minor construction and maintenance of existing structures. Steve Lancaster, Community Development Director, noted that Council adopted Ordinance No. 2142 on November 20, 2006, which enacted a six -month moratorium on the development of lots that do not meet minimum lot area requirements. The ordinance took effect immediately, and state law requires that the City hold a public hearing within 60 days. The supplemental ordinance, on page 89 of the agenda packet, includes additional findings of fact to ensure there is a clear record of Council's action. The moratorium will automatically expire in May 2007 unless other action is taken. Staff anticipates bringing forward legislation in February, which would allow the moratorium to be lifted. Community Affairs Parks Committee has already discussed the issue. Staff intends to brief the Committee of the Whole next Monday regarding amendments to clarify the code. The Planning Commission would then hold a public hearing on the issue on January 25, and formulate a recommendation to bring back to Council. 7:28 p.m.: Mayor Mullet opened the public hearing and called for citizen comments. Jesse Woods reiterated his comments that he should have the right to separate his lot. Randy Tinsley, 12224 48th Ave. S., Tukwila, stated that he owns four lots in the area and his house straddles two. Under the new ordinance, he would not be allowed to build on the other two lots. He stated that he does feel that 60 x 100 is a reasonable size lot that attracts families that care about the community. It was his understanding, however, that the contractor involved had paperwork prior to this issue coming forward and he feels the City should honor that commitment. Kelle Symonds, 12250 42nd Ave. S., Tukwila, has two lot numbers on the title of her house, which she purchased in 2001. Her house is on one lot and a garage is on the other. She would like to retain the option of selling one lot separately from the other, and doesn't feel the City should be able to change the code for pre- existing lots. City of Tukwila Page 3 of 7 City Council Reaular Meetina Minutes January 16. 2007 Gerald F. Robison, 648 S. 152nd, #7, Burien, spoke on behalf of Doak Homes. Doak Homes purchased 17 lots 2 years ago and held the property until sewers were brought in, with the expectation of building 17 houses. When they applied for building permits, they were told the number of buildable lots was half what they expected. Mr. Robison stated that he does not feel the existing ordinance is confusing. If you are able to meet the setback and lot coverage requirements, you should be able to build on your legal lot. If not, then it must be combined with other lots. He does not feel the burden should be placed on people who bought lots they felt could be built upon. Betty Brooks, 12217 46th Ave. S., stated that she thought she had four lots, but was told she could only build one house. She was also told that if she sold 65 feet on the north side of her property, no one would be allowed to build on it. She then wondered why extra sewer lines were recently installed on that part of her property. She also felt there should have been more notification of tonight's public hearing. A letter addressing this issue was submitted to the City Clerk's office this afternoon from Darryl E. Doak, Sr., President, Doak Homes, Inc. 7:43 p.m.: Mayor Mullet closed the public hearing. In response to additional questions from the audience and Council, Mr. Lancaster clarified that tonight Council will decide on the moratorium issue. Should Council adopt the findings that support the moratorium, staff will come back at next Monday's meeting (January 22) with a proposal as to how to resolve the larger issue of lot size and buildable lots. Depending on Council's decision at that meeting, a public hearing may be held by the Planning Commission on Thursday, January 25, followed by a decision by City Council— hopefully in February. Should Council take no action on the ordinance tonight, the moratorium will still continue (until May 20 or other action). Staff has recommended adoption of the findings in support of the ordinance. Mr. Lancaster also explained that the minimum lot size of 6,500 square feet for single family homes was adopted when the City adopted its Comprehensive Plan in 1995 (which was a reduction from 7,200 square feet). He also clarified that the moratorium is citywide and temporary —until it expires (May 20) or Council decides on a course of action. The audience was also advised that all upcoming meetings are open to the public. Council meeting agendas and minutes are available on the City's website, and Planning Commission information is available by calling the City. UNFINISHED BUSINESS a. Authorize the Mayor to sign a contract with Rabanco, Ltd., dba Allied Waste of Kent, for solid waste services. MOVED BY HAGGERTON, SECONDED BY LINDER TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH RABANCO, LTD., dba ALLIED WASTE OF KENT, FOR SOLID WASTE SERVICES.* Councilmembers Duffie and Robertson both stated they would be voting against approval of the contract as they feel it should be sent out to bid, although Councilmember Robertson does feel this contract contains better safeguards —both commercial and residential —than the previous one. Other Councilmembers felt the new contract would provide many benefits to citizens in the City if all the provisions were fulfilled, and stressed that staff should be diligent about monitoring performance and citizens should report service complaints. Frank Iriarte, Deputy Public Works Director, answered questions from Council about revisions that have been made to the contract since the previous draft, and also pointed out that the final rate sheets for residential and multi family service (on pages 63 -69 of the agenda packet) reflect only a 1.39 percent CPI increase (versus the previous 4 percent). Chris Guimond of Allied Services also clarified several service issues in response to questions from Council. *MOTION CARRIED 5 -2, WITH COUNCILMEMBERS DUFFIE AND ROBERTSON VOTING NO. City of Tukwila Page 4 of 7 City Council Reaular Meetina Minutes January 16 2007 b. A resolution adopting a list of legislative priorities for use in the 2007 legislative session. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LIST OF LEGISLATIVE PRIORITIES FOR USE IN THE 2007 LEGISLATIVE SESSION. 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. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1623. NEW BUSINESS a. An ordinance adopting Findings of Fact to justify the moratorium adopted by Ordinance No. 2142. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE DEVELOPMENT OF LOTS THAT DO NOT MEET THE CITY'S MINIMUM LOT AREA; ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2142; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY ROBERTSON, 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 ROBERTSON, SECONDED BY CARTER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Council clarified that the current moratorium is in effect whether this ordinance is passed or not. This ordinance does not change any of the effective dates; it merely adopts findings of fact. They also noted that it seems clear from previous discussion during the public hearing that there are differences in interpretation. Discussion on the minimum lot area issue itself will occur when staff presents its proposal to Council (tentatively scheduled for the January 22 meeting), at which time additional public comments are welcome. The City has made a commitment to move forward quickly on this issue, but certain steps are required to achieve resolution. The alternative of ending the moratorium would mean the problem of differing interpretations would continue, and there would be no change for people who feel they cannot build on their lots. Mr. Lancaster confirmed staff is fast tracking this issue, including submitting a proposal at the January 22 Committee of the Whole meeting. Notice of the public hearing at the January 25 Planning Commission meeting has been published (the meeting could potentially be cancelled depending on Council's decision on January 22), and information is also available on the City's website. This issue will affect lots all over the City —both commercial and single family lots. A Citywide mailing (which would include approximately 6,700 residential addresses) would require postponement of the above schedule. *MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2149. b. An ordinance amending Ordinance No. 1891, as codified at TMC Chapter 3.08.030, related to the waiver of gambling taxes for bona fide charitable and non profit organizations. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE SECTION 3.08.030 (TAX RATES) RELATED TO THE WAIVER OF GAMBLING TAX FOR BONA FIDE CHARITABLE AND NONPROFIT ORGANIZATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. City of Tukwila Page 5 of 7 City Council Reaular Meetina Minutes January 16. 2007 MOVED BY DUFFIE, SECONDED BY HAGGERTON 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 HAGGERTON, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilmember Haggerton indicated this item was discussed at the Finance and Safety Committee meeting this evening prior to the Regular Meeting. The committee members were unanimous in recommending approval. The solution proposed by Peter Beckwith was felt to be a win -win situation. *MOTION CARRIED 7 0 TO ADOPT ORDINANCE NUMBER 2150. Linda Smith, Manager, Seattle Jaycees Bingo, expressed her thanks to City Council for the win -win solution. She also thanked Mayor Mullet for his support of the rule change submitted to the Washington State Gambling Commission, which will also help them maintain their state gambling license. c. Authorize the Mayor to sign a contract with Ball Janik, LLC, in the amount of $9,568.00 per month (plus expenses) for 2007 lobbying services. MOVED BY HAGGERTON, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH BALL JANIK, LLC, IN THE AMOUNT OF $9,568.00 PER MONTH (PLUS EXPENSES) FOR 2007 LOBBYING SERVICES.* Councilmember Haggerton indicated this item was discussed at the Finance and Safety Committee meeting this evening prior to the Regular Meeting. The committee members were unanimous in recommending approval. *MOTION CARRIED 7 -0. d. Authorize the Mayor to sign a contract with M. J. Durkan, Inc., in the amount of $4,000.00 per month (plus expenses) for 2007 lobbying services. NOTE: This item was removed from the agenda by motion on Page 1. e. Authorize the Mayor to sign a contract with Kenyon Disend, LLC, in the amount of $35,370.00 per month (plus expenses) for 2007 legal services. MOVED BY HAGGERTON, SECONDED BY LINDER TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH KENYON DISEND, LLC, IN THE AMOUNT OF $35,370.00 PER MONTH (PLUS EXPENSES) FOR 2007 LEGAL SERVICES.* Councilmember Haggerton indicated this item was discussed at the Finance and Safety Committee meeting this evening prior to the Regular Meeting. The committee members were unanimous in recommending approval. He noted that the contract reflects a 4% increase over the previous year. *MOTION CARRIED 7 -0. REPORTS a. Mayor. Mayor Mullet testified before the King County Council today on the flood plan issue, which is important to the City as it pertains to dealing with levees. He will be attending an economic development conference tomorrow with Councilmember Robertson. City of Tukwila Page 6 of 7 City Council Regular Meetina Minutes January 16. 2007 b. Council Councilmember Duffie thanked the City's Public Works Department and the Mayor for an outstanding job in dealing with the recent period of inclement weather. Councilmember Hernandez attended a South King County Cultural Coalition meeting on January 10 at the Tukwila Community Center. City Administrator Rhonda Berry also attended the event. On January 12, 2007, she attended the Chamber of Commerce luncheon. She also attended the opening of the Seattle Art Museum's Olympic Sculpture Park in Seattle on January 14, 2007. Ms. Hernandez noted that the Utilities Committee will be meeting tomorrow night, January 17, and the next meeting of the Tukwila Historical Society will be January 18, 2007. Councilmember Carter attended the Highway 99 Action Committee meeting on January 9, 2007. On January 11, 2007, she attended a Transportation Policy Board Meeting. The Destinations 2030 subcommittee she serves on was given the task of looking at recommendations for the Regional Transportation Commission. She also noted that today's SCATBd meeting was cancelled. Councilmember Haggerton reported that Cascade Water Alliance has acquired new office space in Bellevue. He also provided information in response to an e -mail from a citizen regarding the internet capability of various school district buildings in the city (and whether they are high -speed broadband or not). Councilmember Linder attended the Southwest King County Economic Development Initiative Committee meeting on January 11, 2007. She reported that statistics on 2006 would be available in a couple of weeks. They are currently soliciting input from individual cities to formulate a business attraction work plan. c. Staff Rhonda Berry, City Administrator, met with the King County Consortium of Cities last week regarding the Yakima Jail. She reported that several cities have given notice that they will no longer use the Yakima Jail, although there is a 12 -month notice requirement. The consultants' report indicated they are looking at ways to monitor and keep Yakima accountable. The jail appears to be on schedule to open the new jail on March 1. A group will be attending a meeting on January 19 to meet with Yakima Jail officials. The jail has also hired new medical staff, as lack of quality medical care has been a big issue. d. City Attorney No report. e. Intergovernmental. No report. MISCELLANEOUS None ADJOURNMENT 9:02 p.m. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Steven M. Mullet, Mayor Barbara J. Saxt /Administfative Support Coordinator APPROV BY THE CITY COUNCIL: 02/05/2007