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HomeMy WebLinkAbout2007-09-04 Regular MinutesTUKWILA CITY COUNCIL September 4, 2007 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 7:00 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, Deputy City Clerk, called the roll of the Council. Present were Verna Griffin, Council President; Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pam Linder, and Dennis Robertson. CITY OFFICIALS Steven Mullet, Mayor; Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Jim Morrow, Public Works Director; Jack Pace, Acting Community Development Director; Brandon Miles, Assistant Planner; Bruce Fletcher, Parks and Recreation Director; Deforrest Phelps, Youth and Teen Coordinator; David Haynes, Police Chief; Mary Miotke, IT Manager; Christy O'Flaherty, Deputy City Clerk. SPECIAL PRESENTATIONS Introduction of new employees: Chris Daugherty, Lateral Police Officer David Haynes, Police Chief, introduced Chris Daugherty, lateral Police Officer. Officer Daugherty has been employed with the City of Duvall and the City of Enumclaw and has experience as a Patrol Officer, in defensive tactics and as a school resource Officer.. He also spent a year in Iraq as a police liaison officer and is currently a member of the United States Coast Guard. Mayor Mullet administered the Oath of Office to Chris Daugherty, Badge #175. Officer Daugherty's wife, Wendy, pinned the badge on her husband. Officer Daugherty thanked the Mayor and Council for the opportunity to serve Tukwila. Nathan Robinson, Recreation Program Specialist Deforrest Phelps, Youth and Teen Coordinator, introduced Nathan Robinson, Recreation Program Specialist. Mr. Robinson comes to Tukwila from the YMCA where he had oversight of teen and volunteer programs. Mr. Robinson indicated it is "an honor" to hold this position and looks forward to his involvement with the various recreation programs in the City. Joseph Broughton, Park Maintenance Specialist Bruce Fletcher, Parks and Recreation Director, introduced Joseph (Joey) Broughton, Park Maintenance Specialist. Mr. Broughton was employed for 5 seasons at the Foster Golf Course in temporary positions, and was selected for the full -time job when it became available. Mr. Broughton conveyed he is "thrilled" at the opportunity to work for the City and will be concentrating his efforts at Cascade View Park and the Tukwila Community Center. Eric Bendfelt, Park Maintenance Specialist Mr. Fletcher relayed that Eric Bendfelt was unable to attend the meeting this evening. He has been hired as a Park Maintenance Specialist and is also a Tukwila resident. The Councilmembers welcomed the new employees to the City. City of Tukwila Page 2 of 6 City Council Regular Meeting Minutes Seotember 4. 2007 CITIZEN COMMENTS Nancy Miller, 13811 Macadam Road South, stated there are 3 new homes in her neighborhood that share a common driveway. It has come to her attention that at least one of the homes is a drug rehabilitation clean- and -sober halfway house. She also has concerns the other 2 homes may be used for the same purpose. It was her understanding these houses would be single family dwelling homes, and she has been informed that at least 9 individuals can occupy each house. She is troubled that the local residents were not informed by the developer of this use of the residences and is concerned about the possibility of increased crime and depreciation of property values. She would like the City to investigate this issue. Jack Pace, Acting Community Development Director, relayed he contacted Ms. Miller this afternoon to indicate the City is looking into the matter. The situation will be reviewed by the Public Works Department, Fire Department, and Code Enforcement divisions and efforts made to contact property owners about use of the residences. Mr. Pace indicated he would communicate the findings to Ms. Miller once staff has had a chance to review the issue. Councilmember Linder thanked Mr. Pace for his responsiveness to this matter. CONSENT AGENDA a. Approval of Minutes: 8/13/07 (Special); 8/20/07 (Regular) b. Approval of Vouchers #3336044333902 in the amount of $1,482,871.65 MOVED BY DUFFIE, SECONDED BY HERNANDEZ TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED 7 -0. BID AWARD Authorize the Mayor to award a contract to Epic Construction for the Green River Pedestrian and Utility Bridge project in the amount of $89,868.00. MOVED BY CARTER, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO AWARD A CONTRACT TO EPIC CONSTRUCTION FOR THE GREEN RIVER PEDESTRIAN AND UTILITY BRIDGE PROJECT IN THE AMOUNT OF $89,868.00. MOTION CARRIED 7 -0. UNFINISHED BUSINESS a. Authorize the Mayor to sign a contract with HWA GeoSciences, Inc. for geotechnical services for the proposed gravity sewer line under 1-405 in the amount of $33,110.00. MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH HWA GEOSCIENCES, INC. FOR GEOTECHNICAL SERVICES FOR THE PROPOSED GRAVITY SEWER LINE UNDER 1 -405 IN THE AMOUNT OF $33,110.00. MOTION CARRIED 7 -0. b. A resolution amending the Westfield Southcenter Mall Development Agreement (Contract No. 05 -123) related to the Sign Code. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO AMEND THE DEVELOPMENT AGREEMENT WITH WEA SOUTHCENTER, LLC, FOR THE EXPANSION AND RENOVATION OF WESTFIELD SOUTHCENTER MALL. MOVED BY LINDER, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Shelley Kerslake, City Attorney, read the proposed resolution by title only. City of Tukwila Page 3 of 6 City Council Reaular Meeting Minutes September 4. 2007 MOVED BY DUFFIE, SECONDED BY HAGGERTON THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1642. c. Sign Code Update Timeline Briefing. Brandon Miles, Assistant Planner, provided a synopsis of this issue. As part of the 2007 budget process, the Mayor and City Council allocated funding for an update to the City's Sign Code. The existing Sign Code was written in 1982, and there have been piecemeal changes to address specific issues. There has been no comprehensive update since 1982, and Planning staff is ready to proceed with reviewing the Code for possible changes. The intent is to form a Sign Code committee to work on specific details of the Sign Code with members of the City Council, Planning Commission, business representatives, and citizens. The date of September 27, 2007 is being suggested as a joint City Council /Planning Commission meeting for the purpose of conducting a visual use survey. Mr. Miles asked the Councilmembers to communicate with the Council Analyst as to whether this date would be appropriate for the meeting. Councilmember Hernandez expressed support for having more than one citizen representative on the sign code committee. d. A resolution supporting proposed constitutional amendment EHJR 4204 allowing local school levies to be approved by a simple majority of voters. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING SUPPORT FOR PROPOSED CONSTITUTIONAL AMENDMENT EHJR 4204, WHICH WOULD ALLOW LOCAL SCHOOL LEVIES TO BE APPROVED BY A SIMPLE MAJORITY OF VOTERS. MOVED BY HAGGERTON, SECONDED BY GRIFFIN THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Shelley Kerslake, City Attorney, read the proposed resolution by title only. MOVED BY HAGGERTON, SECONDED BY HERNANDEZ THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* The issue will be presented to voters on the November 6, 2007 election ballot. The Mayor asked for comments from the audience on this issue (required when the Council takes a position on a ballot measure). There were no comments from the audience. *MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1643. e. Equity and Diversity Ordinance and Membership: 1. An ordinance amending the terms of office of the Equity Diversity Commission. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2003, AS CODIFIED AT TMC CHAPTER 2.29, "EQUITY AND DIVERSITY COMMISSION," SETTING TERMS OF APPOINTMENT FOR COMMISSION POSITIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Shelley Kerslake, City Attorney, read the proposed ordinance by title only. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilmember Hernandez explained there have been on -going issues regarding consistent absenteeism on some boards and commissions. There may be a recommendation forthcoming in the future to add City of Tukwila Page 4 of 6 City Council Reaular Meetina Minutes Seotember 4. 2007 wording that would indicate 3 or more consecutive absences could result in the non reappointment of the member to the commission. Shelley Kerslake, City Attorney, indicated that some cities give the Mayor the authority to remove committee members in discreet circumstances and for attendance. If it is the Council's intent to consider this type of action, it should be done within the ordinance. *MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2178. 2. Approve new expiration date of 7/31/08 on the Equity Diversity Commission for: Pos. #4, Lavern Peterson; Pos. #6, Nancy Damon; Pos. #5, currently vacant; Pos. #9, currently vacant. MOVED BY GRIFFIN, SECONDED BY HERNANDEZ TO APPROVE NEW EXPIRATION DATE OF 7/31/08 ON THE EQUITY AND DIVERSITY COMMISSION FOR POS. #4, LAVERN PETERSON; POS. #6, NANCY DAMON; POS. #5, CURRENTLY VACANT; POS. #9, CURRENTLY VACANT. MOTION CARRIED 7 -0. 3. Approve new expiration date of 7/31/09 on the Equity Diversity Commission for: Pos. #1, Joan Hernandez; Pos. #2, Falicia Green; Pos. #3, Jonathan Joseph; Pos. #7, Verna Griffin; Pos. #8, Emma Mercado. MOVED BY LINDER, SECONDED BY CARTER TO APPROVE NEW EXPIRATION DATE OF 7/31/09 ON THE EQUITY AND DIVERSITY COMMISSION FOR POS. #1, JOAN HERNANDEZ; POS. #2, FALICIA GREEN; POS. #3, JONATHAN JOSEPH; POS. #7, VERNA GRIFFIN; POS. #8, EMMA MERCADO. MOTION CARRIED 7 -0. NEW BUSINESS Council authority and process related to agenda items. Shelley Kerslake, City Attorney, came forward to provide an overview of the role of the City Council in putting items on the Council agenda with regard to development agreements. (prompted by a request from Mark Segale to consider a development agreement not put on a Council agenda by staff) The role of the City Council is to formulate broad policy for the City and the role of the administration is to implement that policy. In the context of development agreements, that would be through the negotiation of the terms of the agreement. These roles are followed in the City's normal process for consideration of development agreements. Typically a developer approaches the City regarding the specific project, and staff and /or the Mayor's office would determine that to best implement the Council's policies, a development agreement is in order. Staff then negotiates the terms of the agreement, with possible input from the Mayor's office in that process. At the time the administration believes the agreement is in the best interests of the City, it would be brought to a Council Committee for consideration. The item then goes forward to a Committee of the Whole meeting, a public hearing, and then to a Regular Meeting for a final vote. This has been the standard operating process in the City for some time. Ms. Kerslake indicated there are other ways to put items (including development agreements) on a City Council agenda. The Tukwila Municipal Code requires that items first be placed on a Council Committee Agenda before discussion at a Regular Meeting. An exception to that is if the Council President determines the item is routine in nature or if an emergency exists. Another way is if 4 members of the Council (a majority) want to put the item on the Regular Meeting agenda, they may vote to do so. There are some considerations that are unique to development agreements. A public hearing is required before any vote is taken to approve or reject the agreement. Should the Council choose to put a development agreement on the agenda, there must be enough time allotted to advertise and conduct a public hearing. Development agreements must also be approved by ordinance or resolution per State law. The City has utilized both mechanisms with regard to development agreements. If the agreement is adopted by resolution, the Council President signs the resolution and the agreement becomes effective City of Tukwila Page 5 of 6 Citv Council Regular Meeting Minutes Seotember 4. 2007 thereafter. If adopted by ordinance, the Mayor has the ability to veto the ordinance; at which time, it would be sent back to the Council for a new vote, which must be passed by a majority plus one. To place a development agreement on the agenda that the administration has not brought forward would differ from the way the City has conducted business in the past. If the Council chooses to do this, it is important to follow the above steps to avoid any procedural defects. Councilmember Hernandez inquired regarding the instance wherein 4 Councilmembers could put something on the agenda, and asked if one of the members has to be the Council President. Ms. Kerslake responded in the negative. Councilmember Robertson asked for clarification regarding the difference between adopting a development agreement by resolution or ordinance. Ms. Kerslake indicated there is no significant difference and the statue allows either resolution or ordinance. Mr. Robertson inquired if the Council President chose not to sign the resolution, what impact would that have on adoption of the agreement. Ms. Kerslake indicated that after a waiting period (10 days), the Council President's signature is "deemed" to be signed on the document and passage of the resolution and adoption of the development agreement would occur. REPORTS a. Mayor Mayor Mullet had no report. b. Council Councilmember Duffie relayed he would like to be excused from the next Council meeting to attend a funeral for a family member. He indicated that school is back in session and thanked the Police Department for patrols in the area of the Tukwila Elementary School. Councilmember Hernandez attended the September 4, 2007 Tukwila Government Affairs Committee meeting where an update on the Centennial was provided. She also reported that James Hammond, Superintendent of the Tukwila School District will be taking a position in Davis, California. His last day will be November 7, 2007. Ms. Hernandez conveyed that Mr. Thong Ung, who typically does the cooking for Sister City events, will be opening a teriyaki restaurant in the City. Yamada Teriyaki is located at 345 Andover Park East, and the Mayor, Council, and staff are invited to the grand re- opening on September 21, 2007 at 1:30 pm. RSVP's should be directed to the Council Analyst. Council President Griffin invited everyone to attend the Foster High School football games on Friday evenings. Councilmember Carter attended the September 4, 2007 Government Affairs Committee meeting. The opening of Famous Dave's Barbecue will be delayed one week to September 17, 2007. Councilmember Haggerton reported on items discussed at this evening's Finance and Safety Committee meeting, to include the expenditure of funds for a master plan regarding a Regional Fire Authority; expenditure of funds for South County Jail Study; and use of police seizure funds for vehicle purchase. Each of these topics will be forthcoming at the next Committee of the Whole meeting. c. Staff Rhonda Berry, City Administrator, reported the Summer Day Camp program served over 200 kids a day at the Tukwila Community Center. The Summer Playground Drop -In program at Cascade View Community Park and the Day Camp program served over 8,000 meals total. There is a great deal of participation in the summer recreation programs. d. City Attorney The City Attorney had no report. City of Tukwila Page 6 of 6 Citv Council Regular Meetina Minutes September 4. 2007 e. Intergovernmental The Council Analyst was not in attendance. MISCELLANEOUS Councilmember Hernandez indicated Councilmember Robertson will be sitting in for Councilmember Haggerton at the Utilities Committee on September 5, 2007. Council President Griffin relayed the Equity and Diversity Commission will be meeting on September 6, 2007 at 5:00 pm at Showalter Middle School. Mayor Mullet stated copies of the development agreement submitted by the Segale family are available in the Council Analyst's office. A cover letter from staff is included and upon request, staff will meet with Councilmembers to answer any questions. The Mayor emphasized the need for thorough budget review prior to decision making on projects that involve costs to the City. Councilmember Linder asked if this opened the door for negotiations, and the Mayor said the copies are information only. He noted there has not been a jointly resolved development agreement regarding this project. Councilmember Robertson relayed he will be out of town for approximately 2 weeks beginning September 18, 2007. He wants to ensure he will be able to participate in the budget process. Mayor Mullet indicated the discussions are very preliminary at this time. ADJOURNMENT 8:07 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Steven M. Mullet, Mayor 1 Christy O'Flahe Deputy City Clerk Approved by the City Council: 9/17/2007