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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