HomeMy WebLinkAbout1991-10-14 Special MinutesOctober 14, 1991 Tukwila City Hall
Council Chambers
7:00 p.m.
TUKWILA CITY COUNCIL
SPECIAL MEETING
MINUTES
CALL TO ORDER Mayor VanDusen called the Special Meeting of the Tukwila City
Council to order and led the audience in the Pledge of Allegiance.
COUNCILMEMBERS DENNIS ROBERTSON, Council President; JOE DUFFIE, JOAN
PRESENT HERNANDEZ, CLARENCE MORIWAKI, ALLAN EKBERG,
STEVE LAWRENCE, JOHN "Wally" RANTS.
OFFICIALS
JOHN MCFARLAND, City Administrator; RHONDA BERRY,
Assistant to the City Administrator; MICHAEL KENYON, City
Attorney; LUCY LAUTERBACH, Council Analyst; RON
WALDNER, Police Chief; ALAN DOERSCHEL, Finance Director;
TOM KEEFE/NICK OLIVAS, Fire; RICK BEELER/DARREN
WILSON/LORA FOWLER, DCD; ROSS EARNST/RON
CAMERON/DOUG MICHEAU, Public Works; DON WILLIAMS,
Parks Recreation.
APPOINTMENTS AND Mayor VanDusen explained that the purpose of the Special Meeting
PROCLAMATIONS OF was to conduct City Business of four (4) appointments to Boards and
THE MAYOR. Commissions.
MOVED BY MORIWAKI, SECONDED BY EKBERG, THAT ALL
APPOINTMENTS TO ANY BOARDS AND COMMISSIONS BE
POSTPONED UNTIL THE CITY ESTABLISHES A POLICY
CONCERNING THE APPLICATIONS TO BOARDS AND
COMMISSIONS.*
Councilmember Duffle commented that he was ashamed at the Council
for delaying the confirmation process for more than six months. Duffle
encouraged the citizens to take a long, hard look at those who are
hampering the progress of the City by denying the Mayor's
appointments, and remember those councilmembers when its time to
vote.
Councilmember Moriwaki referenced the AWC Handbook and the
Revised Code of Washington which outline the rules and the powers of
the Council/Mayor form of government. He stated that the Mayor is
responsible for carrying out the policies which are set by the Council.
Moriwaki said it is not a reflection on the appointees present tonight,
but an issue of policy. A policy has not been determined whether
applications are opened or if the Mayor wishes to keep them secret. No
applications should be considered until policies have been adopted.
Councilmember Lawrence stated that it's unfortunate a compromise has
not been reached. It's the Mayor's prerogative to appoint and he will
find a way to appoint confidentially regardless of policy. Lawrence said
he supports going forward in hearing the appointees but cautioned that
the Council's role is to confirm or deny.
Councilmember Rants stated that it is the right of the executive to
appoint; and the right of the legislative body to confirm. The City has
operated under the democratic form of government for years and years,
it has worked well. He agrees with Duffle's comments.
Special Meeting Minutes
October 14, 1991
Page 2
Appointments and Proclamations
of the Mayor (Con't).
Councilmember Hernandez inquired why was a Special Meeting called
to implement the appointments; in the past, appointments have
been scheduled to occur at the Regular Council meeting. Mayor
VanDusen replied that he had requested appointments be scheduled on
last week's Regular Meeting but the Council President suggested he
schedule them for October 14th. However, the Council President
disagreed, stating that he did not recall discussing appointments for the
October 14th meeting. It was his understanding that the administration
was referring to Budget discussions for October 14th, not appointments
to Boards and Commissions.
Council President Robertson commented that there were just too much
conflicting information coming from the Mayor's office regarding the
application process for appointments. When compromises were made
to remedy the situation, they failed. Therefore, the Council agreed to
back -off this issue until the new mayor is elected and concentrate on the
real issues facing the City right now such as the Budget. Robertson
concluded that in order to go forth with the appointment issue, a policy
will have to be established that clearly states the procedures that will be
followed regarding the Appointments to Boards and Commissions.
Mayor VanDusen stated that the real issue is that Robertson wants to
control the appointments and the confirmations. Mayor VanDusen
informed Council President Robertson the Revised Code of Washington
(RCW) spells it out clearly that the Mayor appoints and the Council
confirms. Yes, there was a little confusion when the City Attorney
stated that the applications were public information of which he agreed
with at the time. But after legal research was done, it was found that
there are some conditions that make the applications for appointments
confidential information. The Mayor stated that he searched for other
candidates who, as the RCW states, would be confirmed based on
meeting the criteria of the position. The Mayor urged the Council to
proceed with the confirmation process of the four appointments listed
on the agenda. He to agrees that too much time has been wasted on this
issue, especially with the City being in a crisis state this year, the budget
should be a priority.
ROLL CALL VOTE:
DUFFIE NO
HERNANDEZ YES
ROBERTSON YES
MORIWAKI YES
EKBERG YES
LAWRENCE NO
RANTS NO
*MOTION CARRIED 4 TO 3 TO POSTPONE APPOINTMENTS
UNTIL A POLICY IS IN PLACE.
CITIZEN'S COMMENTS Councilmember Rants thanked the candidates who came to be
confirmed to Boards and Commissions and apologized that their
confirmation was postponed.
Joe Egan, 14438 Military Road South, commented that it appears the
Council wants to review all applications in an effort to obtain the power
of determining who serves on all Boards and Commissions so that they
can select persons to their way of thinking. This would give the Council
enough leverage to control the entire City.
Special Meeting Minutes
October 14, 1991
Page 3
Appointments and Proclamations
of the Mayor (Con't).
Special Meeting Minutes
Egan said he doesn't believe the Mayor is limited to accepting
applications alone, he can accept oral commitments also, in such a case,
how could they possibly be reviewed.
Also, Egan inquired that the City of SeaTac is putting in 5 foot drain
lines coming down from 24th to Military Road. Egan wants to know
where is this water going to go, is it going to cause an overload on the
existing surface water management drain; and /or is the City of Tukwila
going to get stuck with upgrading those drains to handle the additional
flow?
Jeff Feeder, 14247 58th Avenue South, commented that "this has been a
sorry show tonight." Mr. Feeder echoed what Duffie had said and
added: shame, shame on the Council for leaving the Boards and
Commissions with vacant seats and unable to perform in the way they
are designed to do. Feeder urged the Council to take whatever
measures necessary to get on with the business of the City.
Catherine Harris, 5610 South 141st Street, commented that she is very
embarrassed at the immature, childish way the majority of the Council is
behaving. She said she would go so far as to say they are displaying the
behavior of children. Harris stated that the same body that created this
power struggle is now saying they are sick of the situation. The Mayor
has more than accomplished his duty and responsibility by submitting
several names for Council confirmation. Harris stated that it is the
Mayor's prerogative, and only the Mayor's to submit whomever he
wishes for confirmation.
Elanor McLester, 5118 South 164th, commented that it would be an
unbelievable shame to leave the Planning Commission, over these next
few months, without having enough members to move forward on the
real full set of issues that will be coming before them. McLester asked
the Council to take another look at the situation from the point of view
of serving the citizens and the City and work this out. She asked the
Council to please change their minds and reconsider the names the
Mayor submitted for the sake of the applicants who showed up.
Councilmember Rants asked Mrs. McLester were the Civil Service
applications open to the public. She responded, absolutely not.
Moriwaki commented there's a difference, Civil Service positions are
paid positions and the applications contain a lot of confidential
information and sometimes even warrant an FBI background check.
Boards and Commissions are volunteer positions and don't fall into the
same category.
Kathy Stetson, 13258 40th Avenue South, asked the Council how long
would it take to establish written policy? Councilmember Lawrence
responded that since a compromise can't be reached, he doesn't foresee
a policy being established.
Vern Meryhew, 4431 South 148th, commented that the Council is
catering to their own special interest rather than the citizens' and he's
ashamed also of the Council's behavior. He asked the Council to
reconsider and appoint those persons present tonight.
October 14, 1991
Page 4
Appointments and Proclamations
of the Mayor (Con't)
ADJOURNMENT
8:00 p.m.
George Malina, 15617 47th Avenue South, Co -Chair of the Planning
Commission, thanked Councilmember Lawrence for his endorsement to
go forth with the Mayor's appointments. He stated there have been a
few occasions when the Planning Commission has had to cancel their
meeting for lack of a quorum.
Mike Yance, 5002 South 124 Street, asked Councilmember Robertson
to explain what he meant when he stated "In three weeks there's going
to be a new mayor." Robertson responded he meant the politicking and
the election would be over and the conflict between the Council and the
administration on some of the issues would pretty much be over.
Wendy Morgan, 15144 65th Avenue South, #404, changed the topic
entirely by discussing the status of the Historical Society. Morgan stated
that as directed by the Council in accomplishing the restoration of the
Mess Cemetery, the Society must provide the written easement
document and the boundaries marked for the cemetery. She said they
have been working with a property owner near the area who has done
the survey and can now validate the boundary line. Morgan requested
the Council to carryover funds for the restoration of the Mess Cemetery
into the 1992 Budget.
Councilmember Ekberg commented that he would like to see some type
of policy in place for appointments to boards and commissions; and,
appointments made as a result of those policies.
MOVED BY ROBERTSON, SECONDED BY LAWRENCE THAT
THE SPECIAL MEETING ADJOURN TO THE COMA/In-FEE OF
THE WHO MOTION CARRIED WITH DUFFLE VOTING NO.
Gary L.'VanDusen, Mayor
4,
7
Celia Square, Depa4 City Clerk