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HomeMy WebLinkAbout2008-10-20 Regular MinutesTUKWILA CITY COUNCIL October 20, 2008 7:00 p.m. Council Chambers City Hall REGULAR MEETING MINUTES CALL TO ORDER /PLEDGE OF ALLEGIANCE Mayor Jim Haggerton called the Tukwila City Council meeting to order at 7:03 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn. CITY OFFICIALS Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Shawn Hunstock, Finance Director; Jim Morrow, Public Works Director; Gail Labanara, Public Works Analyst; Jack Pace, Community Development Director; Bruce Fletcher, Parks and Recreation Director; Lisa Verner, Project Manager; Lori Sutter, Assistant Police Chief; Nick Olivas, Fire Chief; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. AMEND AGENDA MOVED BY ROBERTSON, SECONDED BY GRIFFIN TO AMEND THE AGENDA TO ADD AN ITEM UNDER NEW BUSINESS, REGARDING A SPECIFIC ROTATION SCHEDULE FOR THE POSITION OF COUNCIL PRESIDENT, AND TO DISCUSS THE ITEM PRIOR TO UNFINISHED BUSINESS ITEM J (REVIEW OF THE 2009 -2010 BUDGET /CIP). MOTION CARRIED 7 -0. CITIZEN COMMENTS John Wanamaker, GVA Kidder Mathews, 12886 Interurban Avenue South, spoke regarding three of his clients that will be affected by the proposed updates to the Shoreline Master Program. He conveyed there would be adverse economic impacts, both for businesses and the City, with the current proposal. Prospective and existing tenants are looking to locate in neighboring jurisdictions, which would result in a loss of capital improvements for the businesses in Tukwila and a subsequent loss in sales tax for the City. He requested the Council seek information from staff regarding the economic impacts and urged the formation of a stakeholders committee. In his view, the proposed changes to the Shoreline Master Program are restrictive and ambiguous. Councilmember Linder relayed it is her understanding that both King County and Kent have more stringent zoning requirements than Tukwila and requested clarification from staff on the issue. Jack Pace, Community Development Director, explained that other jurisdictions are affected by the shoreline regulations. King County is considering a 135 -foot setback, and the City of Kent is considering a 200 -foot setback. Tukwila's proposed setbacks are 100 feet in areas north of 1 -405; 125 feet in areas south of 1 -405, and 50 feet for residential properties. Mr. Pace noted the public comment period has just ended, and staff is compiling the comments for review and consideration, to address concerns and suggest refinements to the proposal. Councilmember Robertson suggested it would be worthwhile for the Council to receive a second briefing on this issue. The briefing would not involve decision making, rather a review of the general issues. Councilmember Griffin concurred. Councilmember Hernandez conveyed it is her understanding this is a work -in- progress, and that comments are being taken into consideration to address concerns. City of Tukwila Page 2 of 8 City Council Regular Meeting Minutes October 20. 2008 Mr. Pace indicated the intent is to provide documentation to the Council by year -end that includes the initial staff recommendation and the recommendations by the Planning Commission. Jeff Weber, Law Offices of Gordon Derr, 2025 First Avenue South, Seattle, is representing three clients affected by the Shoreline Master Program. There is concern regarding the economic impacts of the proposal as well as the potential for future litigation. The development standards are very different than what is currently allowed. From his standpoint, there has been a lack of genuine public participation in the update, which constitutes a one -way process. Formation of a stakeholders group would allow two way dialogue and the sharing of valuable expertise by the business members affected by the proposal. The one size- fits -all approach could cause serious legal problems and does not address site specific concerns. There is not a rush to complete this undertaking, and there is still time for a collaborative process. Councilmember Quinn inquired as to how long the public comment period was on this issue. Mr. Pace indicated there have been two public hearings in approximately seven weeks, as well as two open house events. There have been a variety of methods for public outreach, and staff from the Department of Community Development and Public Works have met with approximately a dozen property owners on a one -on -one basis. The formation of a true stakeholders committee would involve not only the business community, but any tribes that would be affected, as well as the Washington Resource Inventory Area 9 (WRIA9) members, which could result in even deeper setbacks than those currently proposed. Councilmember Quinn requested clarification as to whether any decisions have been made. Mr. Pace explained that once the recommendations have been compiled, notification will be made to those affected, to provide an additional opportunity for public comment to the Planning Commission. No decisions have been made at this time. CONSENT AGENDA a. Approval of Minutes: 10/6/08 (Regular) b. Approval of Vouchers #342387 #342654 in the amount of $1,229,494.33 c. Accept as complete the Tukwila Spray Park project (Contract #07 -168) with Northwest Playground Equipment; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $216,480.07). d. Accept as complete the Boeing Access Road /East Marginal Way Intersection Paving project (Contract #07 -105) with Lakeridge Paving Company of Maple Valley; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $554,093.22). MOVED BY DUFFIE, SECONDED BY HERNANDEZ TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED 7 -0. PUBLIC HEARINGS a. An ordinance adopting the Fire Master Plan, adopting administration responses to the recommendations, and establishing levels of service standards for fire services. 7:27 p.m. Mayor Haggerton opened the Public Hearing. Lisa Verner, Project Manager, explained the Fire Master Plan was discussed at the October 13, 2008 Committee of the Whole meeting. At that time, a presentation was also provided by ESCi, the consulting firm that drafted the plan. An ordinance adopting the plan, as well as the Mayor's recommendations for implementation and level of service goals, have been provided in the Council agenda packet. Anna Bernhard, 14241 59th Avenue South, indicated that when discussing the four fire stations in Tukwila, it would be helpful to explain their locations for those who might not be familiar with the City. 7:30 p.m. Mayor Haggerton closed the Public Hearing. City of Tukwila Page 3 of 8 City Council Reaular Meetina Minutes October 20. 2008 UNFINISHED BUSINESS a. A resolution authorizing the cancellation of outstanding claims checks, Municipal Court checks. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE CANCELLATION OF OUTSTANDING CLAIMS CHECKS AND MUNICIPAL COURT CHECKS. MOVED BY ROBERTSON, SECONDED BY LINDER THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1669. b. A resolution ordering the cancellation of past -due accounts receivable and returned check write -offs. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE CANCELLATION OF PAST -DUE ACCOUNTS RECEIVABLE AND RETURNED CHECK WRITE -OFFS. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1670. c. Authorize the Mayor to sign Supplement #4 to Contract #06 -019 with IBI Group for the Tukwila Urban Center Transit Center Design Services in the amount of $144,976.00. MOVED BY LINDER, SECONDED BY GRIFFIN TO AUTHORIZE THE MAYOR TO SIGN SUPPLEMENT #4 TO CONTRACT #06 -019 WITH IBI GROUP FOR THE TUKWILA URBAN CENTER TRANSIT CENTER DESIGN SERVICES IN THE AMOUNT OF $144,976.00. MOTION CARRIED 7 -0. d. Authorize the Mayor to sign Supplement #5 to Contract #06 -019 with IBI Group for the Andover Park West (Tukwila Parkway to Strander Boulevard) Update Design Report in the amount of $148,835.00. MOVED BY LINDER, SECONDED BY GRIFFIN TO AUTHORIZE THE MAYOR TO SIGN SUPPLEMENT #5 TO CONTRACT #06 -019 WITH IBI GROUP FOR THE ANDOVER PARK WEST (TUKWILA PARKWAY TO STRANDER BOULEVARD) UPDATE DESIGN REPORT IN THE AMOUNT OF $148,835.00. MOTION CARRIED 7 -0. e. Tukwila International Boulevard Phase II III Street Improvement project third party utility coordination agreements. 1. Authorize the Mayor to sign a coordination agreement with Comcast Corporation regarding cable TV facility adjustments in conjunction with the Tukwila International Boulevard Phase II /111 Street Improvement project in the amount of $27,858.00 (reimbursable by Comcast). MOVED BY LINDER, SECONDED BY GRIFFIN TO AUTHORIZE THE MAYOR TO SIGN A COORDINATION AGREEMENT WITH COMCAST CORPORATION REGARDING CABLE TV FACILITY ADJUSTMENTS IN CONJUNCTION WITH THE TUKWILA INTERNATIONAL BOULEVARD PHASE 11 /111 STREET IMPROVEMENT PROJECT IN THE AMOUNT OF $27,858.00 (REIMBURSABLE BY COMCAST). MOTION CARRIED 7 -0. City of Tukwila Page 4 of 8 City Council Regular Meeting Minutes October 20. 2008 2. Authorize the Mayor to sign a coordination agreement with Comcast Corporation (acting for AT &T Local Network Services) regarding fiber optic facility adjustments in conjunction with the Tukwila International Boulevard Phase II /III Street Improvement project in the amount of $16,801.00 (reimbursable by Comcast). MOVED BY LINDER, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN A COORDINATION AGREEMENT WITH COMCAST CORPORATION (ACTING FOR AT &T LOCAL NETWORK SERVICES) REGARDING FIBER OPTIC FACILITY ADJUSTMENTS IN CONJUNCTION WITH THE TUKWILA INTERNATIONAL BOULEVARD PHASE II /III STREET IMPROVEMENT PROJECT IN THE AMOUNT OF $16,801.00 (REIMBURSABLE BY COMCAST). MOTION CARRIED 7 -0. f. Authorize the Mayor to sign a Memorandum of Agreement with Pierce County for continued participation by the Fire Department in Washington Task Force 1 of the FEMA National Urban Search Rescue Task Force System. MOVED BY ROBERTSON, SECONDED BY LINDER TO AUTHORIZE THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT WITH PIERCE COUNTY FOR CONTINUED PARTICIPATION BY THE FIRE DEPARTMENT IN WASHINGTON TASK FORCE 1 OF THE FEMA NATIONAL URBAN SEARCH RESCUE TASK FORCE SYSTEM. MOTION CARRIED 7 -0. g. An ordinance adopting the 2008 Fire Master Plan with the inclusion of the Mayor's response specifying phased implementation; establishing level -of- service goals for fire services. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2008 FIRE MASTER PLAN WITH THE INCLUSION OF THE MAYOR'S RESPONSE SPECIFYING PHASED IMPLEMENTATION; ESTABLISHING LEVEL -OF- SERVICE GOALS FOR FIRE SERVICES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY ROBERTSON, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. MOVED BY ROBERTSON, SECONDED BY GRIFFIN THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ." Councilmember Robertson conveyed he has no problem with adoption of the plan or the level of service (LOS) standards. He would like to wait on the Mayor's response for implementation until after the budget discussions. Staffing levels were decreased in the recommendations, and changes might be possible after the discussions; specifically with regard to staffing for the aid car, which would reduce use of the ladder truck for aid calls. Councilmember Linder indicated she would also like to wait on this item for additional information related to the levy lid lift. She is not comfortable making a commitment without a thorough understanding of the financing options. Councilmember Griffin asked if we can still proceed with impact fees after the first of the year, if we hold off on this item at this time. Lisa Verner, Project Manager, explained the Fire Plan does have to be adopted to proceed with impact fees. The items can run concurrently; however the Fire Plan must be approved prior to the adoption of impact fees (which could be done at the same meeting). Shelley Kerslake, City Attorney, indicated in order to assess impact fees, the projects need to be listed in the Capital Facilities plan. The way this is being formulated is that the Capital Facilities plan will reference the Fire Master Plan. It is necessary that adoption of the plan occur before the impact fee ordinance is approved. City of Tukwila Page 5 of 8 City Council Regular Meeting Minutes October 20. 2008 Councilmember Quinn asked for confirmation that it is important we assure we are not levying a fee without a list of projects to which those fees could be applied. Ms. Verner indicated a list of projects has been compiled, so that if the Council does adopt impact fees, there will be projects that those fees will cover. Councilmember Quinn indicated the Council must also make a decision regarding the Mayor's recommendations. Ms. Verner explained the Council can adopt or amend the recommendations. Mr. Quinn inquired about waiting to make a decision now, and then possibly having to make a quicker decision later and how that would affect public input. Shelley Kerslake, City Attorney, stated the same notice would be sent for public participation in any case. Ms. Verner indicated a Public Hearing on the Fire Master Plan was conducted this evening, and no one has come forth as a party of record with concerns on this issue. The Comprehensive Plan amendment component is being conducted in public meeting format this evening as well. There will be additional public hearings at the Planning Commission and City Council meetings on these issues. Councilmember Quinn requested information regarding the budget implications. Ms. Verner explained the recommendations in the draft ordinance are the same as those included in the preliminary budget. There is a caveat that projects are based on funding availability. If the recommendations in the draft ordinance are adopted, it will be consistent with the budget. If the budget is amended to add more Fire personnel, then that would be a faster implementation than what is proposed in the Mayor's recommendations. Rhonda Berry, City Administrator, explained a dollar amount has been set aside for two personnel to staff the aid car from General Fund expenditures. Those expenditures will be ongoing with a year -one, 2009 start date. The other years of two through six do not have a date assigned to them. Year -two could conceivably end up being in the year 2011; we really do not know when year -two through six will be, with regard to timing, as it is dependent on available funding. Councilmember Quinn relayed this means there will be additional opportunities over time to discuss funding availability, and would not constitute a commitment toward funding capital facilities and employees. MOVED BY ROBERTSON, SECONDED BY DUFFIE TO RESCIND THE MAIN MOTION AND CONSIDER THIS ISSUE AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 1, 2008. MOTION CARRIED 7 -0. *MAIN MOTION (TO ADOPT THE PROPOSED ORDINANCE) RESCINDED. h. Comprehensive Plan Amendment Capital Facilities Element To be conducted in Public Meeting format. Councilmember Hernandez indicated this item was discussed at the Community Affairs and Parks Committee meeting on September 22, 2008, and was offered as an informational item at the Finance and Safety Committee meeting on September 23, 2008. It was also discussed at the October 13, 2008 Committee of the Whole meeting. Ms. Hernandez explained this amendment would add text to the Capital Facilities element of the Comprehensive Plan and identify the Fire Department as a general government facility, which may need capital facilities funded by the General Fund. It will adopt by reference the 2008 Fire Master Plan and the 2008 Parks, Recreation and Open Space plan. It would also add level of service (LOS) goals for existing and future development for both parks and fire services. The Council is being asked to decide if this issue meets the criteria for an emergency amendment and whether to forward it to the Planning Commission for additional consideration. City of Tukwila Page 6 of 8 Citv Council Regular Meeting Minutes October 20. 2008 MOVED BY HERNANDEZ, SECONDED BY ROBERTSON TO DECLARE THE PROPOSED AMENDMENT OF THE CAPITAL FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN AN EMERGENCY (TO ADD FIRE TO THE LIST OF USES FUNDED BY THE GENERAL FUND; TO REFERENCE THE FIRE AND PARKS MASTER PLANS; AND TO ADD LEVEL OF SERVICE GOALS FOR FIRE AND PARKS) AND FORWARD IT TO THE PLANNING COMMISSION FOR ADDITIONAL REVIEW.* 7:55 p.m. Mayor Haggerton called for public comments. No public comments were received. *MOTION CARRIED 7 -0. i. An ordinance establishing levels of service standards for parks and open space and amending Ordinance #2207 that adopted the Parks, Recreation and Open Space Plan. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE CITY'S PARKS, RECREATION AND OPEN SPACE PLAN, ADOPTED BY ORDINANCE NO. 2207, TO ESTABLISH LEVEL -OF- SERVICE (LOS) STANDARDS; IDENTIFYING CAPITAL FACILITIES NEEDED TO MAINTAIN LOS STANDARDS FOR FUTURE GROWTH; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Councilmember Hernandez indicated this item was discussed at the Community Affairs and Parks Committee meeting on August 11, 2008 and at the Committee of the Whole meeting on August 25, 2008. It was forwarded to the September 2, 2008 Regular Meeting for adoption and was pulled to add a list of capital facilities anticipated due to future growth. Exhibit A of the ordinance, with the list of projects, was compiled after the Community Affairs and Parks Committee and the Committee of the Whole meeting discussions on this subject. MOVED BY HERNANDEZ, SECONDED BY GRIFFIN THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. Councilmember Hernandez asked for information as to how the list of facilities was compiled. Bruce Fletcher, Parks and Recreation Director, indicated the list is based on a priority list of projects anticipated due to growth. The rough costs can be found in the Parks, Recreation and Open Space plan. If we do adopt impact fees, there are timelines involved for implementation, or the money would have to be refunded. The Councilmembers offered comments regarding the project list and conveyed the need to review the material more thoroughly at the Committee level and then forward the ordinance back to the Committee of the Whole. MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO FORWARD THIS ITEM TO THE COMMUNITY AFFAIRS AND PARKS COMMITTEE FOR FURTHER CONSIDERATION AND THEN TO A FUTURE COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED 7 -0. NEW BUSINESS Per agenda amendment on Page 1 Consideration of a specific rotation schedule for the position of Council President. MOVED BY ROBERTSON, SECONDED BY GRIFFIN TO AMEND TUKWILA MUNICIPAL CODE 2.04.070 (COUNCIL PRESIDENT MAYOR PRO TEMPORE) TO READ "THE GENERAL POLICY OF COUNCIL IS TO ELECT PRESIDENTS IN A ROTATING ORDER BASED UPON SENIORITY." (adding the 3 words 'based upon seniority')* City of Tukwila Page 7 of 8 City Council Reaular Meeting Minutes October 20. 2008 The Councilmembers exchanged comments and viewpoints on this issue as follows: concern that with the unique situation of two new Councilmembers, there may not be an opportunity for them to serve as Council President; recognition that the primary practice in the past 20+ years has been to select the Council President by seniority; the need to view the role of Council President as a chance to serve fellow Councilmembers; the benefits that come with the role of Council President toward making a better Councilmember; the necessity of serving on all four Committees prior to serving as Council President; the need for leadership from a senior member of the Council in the role of President and not utilizing the role as a training experience; and the importance of the members of the Council working together toward commitment to the community. Shelley Kerslake, City Attorney, requested an amendment to the motion that would direct the staff to prepare an ordinance amending the Tukwila Municipal Code to add the desired language to the Council Procedures ordinance. MOVED BY ROBERTSON, SECONDED BY DUFFIE TO AMEND THE MAIN MOTION TO DIRECT THE STAFF TO PREPARE AN ORDINANCE TO AMEND TUKWILA MUNICIPAL CODE 2.04.070 (COUNCIL PRESIDENT MAYOR PRO TEMPORE) TO READ "THE GENERAL POLICY OF COUNCIL IS TO ELECT PRESIDENTS IN A ROTATING ORDER BASED UPON SENIORITY." (adding the 3 words 'based upon seniority') MOTION CARRIED 7 -0. Anna Bernhard, 14241 59th Avenue South, prefers the Council President be selected by seniority. From her viewpoint, in the past there were problems associated with favoritism and politics regarding selection of the Council President when it was not handled by seniority. Joanne McManus, 5610 South 133rd Street, conveyed it is important to "learn the ropes" before becoming Council President. She is in favor of a person being elected by a vote of the people before being allowed to assume the role of Council President. *MOTION CARRIED 7 -0 ON THE MAIN MOTION. 8:41 p.m. Mayor Haggerton declared a recess. 8:48 p.m. Mayor Haggerton reconvened the Regular Meeting. UNFINISHED BUSINESS Continued j. Review of the 2009 -2010 Budget and Capital Improvement Plan (CIP). Shawn Hunstock, Finance Director, introduced each of the following sections of the budget for review by the City Council. The Councilmembers discussed the items and asked for clarification from staff as needed. Council amendments or additions to the preliminary budget were noted by the Finance Director and departmental staff members. Community Development Police Department Fire Department Fire Equipment Reserve Fund 107 Parks Recreation Parks Maintenance BUDGET PAGES 81 -90 91 -106 107 -124 152 69 -77 78 -80 CIP PAGES City of Tukwila Page 8 of 8 City Council Regular Meeting Minutes October 20. 2008 REPORTS Due to the lateness of the hour, the Council dispensed with reports. ADJOURNMENT 11:03 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Christy O'Flahe City Clerk APPROVED BY THE CITY COUNCIL: 11/3/2008