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HomeMy WebLinkAbout1991-12-02 Regular MinutesDecember 2, 1991 Tukwila City Hall Council Chambers 7:00 p.m. CALL TO ORDER Mayor VanDusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. ROLL CALL JOE DUFFIE; JOAN HERNANDEZ; DENNIS ROBERTSON, Council President; CLARENCE MORIWAKI; ALLAN EKBERG; STEVE LAWRENCE, JOHN RANTS. OFFICIALS MIKE KENYON, City Attorney; JOHN McFARLAND, City Administrator; EVELYN BOYKAN, Human Services Coordinator; ALAN DOERSCHEL, Finance Director, ROSS EARNST, Public Works Director ANN SIEGENTHALER, Assistant Planner; RON WALDNER, Chief of Police; VIKI WITSCHGER, Administrative Services Director. APPOINTMENTS AND PROCLAMATIONS OF THE MAYOR CITIZENS COMMENTS None TUKWILA CITY COUNCIL MINUTES Mayor VanDusen read a Proclamation designating the week of December 7 -13 as Drunk and Drugged Driving Awareness Week. MOVED BY DUFFIE, SECONDED BY MORIWAKI, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.* Councilmember Hernandez requested item 6 d be withdrawn and discussed under New Business. CONSENT AGENDA a. Approval of Minutes: 11/4/91 b. Approval of Vouchers General Fund $115,106.48 City Street 138,637.85 Arterial Street 509,737.07 Land Acq., Building, Dev. 4,950.11 Facility Replacement (302) 3,527.68 Water Fund 9,512.58 Sewer Fund 6,130.47 Water /Sewer Construction 336.93 Foster Golf Course 4,740.51 Surface Water (412) 138,808.15 Equipment Rental 35,369.77 Firemen's Pension 0.00 TOTAL $966,857.60 c. Accept as complete 17th Golf Course Tees construction project by Hi- Grade Asphalt; authorize release of retainage. (withdrawn) d. A resolution granting a 6.4% cost of living wage increase to non- represented employees. (withdrawn) 2,, Authorize Mayor to execute Tri-Party Agreement with Southcenter and Metro for improvements to Southcenter transportation infrastructures. (withdrawn) Accept right -of -way on South 148th Street for street and utility purposes. (withdrawn) g. Accept Latecomer's Agreement and exhibit; authorize Mayor to execute Latecomer's Agreement between the City and KOAR- SeaTac Partners, LP for storm sewer extensions. Ord. #1613 h. An ordinance granting Highline Water District the right and franchise to occupy Tukwila rights -of -way for the purpose of water distribution. i. Authorize Mayor to accept State Farm river storage benchcut and trail turnover. Tukwila City Council Regular Meeting December 2, 1991 Page 2 Consent Agenda (con't) Council President Robertson requested items e, f, and g also be withdrawn and moved to New Business. PUBLIC HEARINGS Library Alternatives *MOTION CARRIED THE CONSENT AGENDA IS APPROVED AS AMENDED. Mayor VanDusen opened the public hearing at 7:10 p.m. Trish Ekberg, Library Advisory Board Chairperson, gave a brief overview of what the board has been doing regarding the issue of library alternatives. Currently Tukwila contracts for library services with King County Library System. In 1990 KCLS implemented a change in its contract rate which impacted Tukwila a great deal. The change was based on property taxes and because of the extensive commercial base and small residential population, the costs have skyrocketed. In 1990 costs were $100,000; in 1991 costs rose to $565,000; and in 1994, costs are projected at $1.2 million. Due to rising costs, the Library Advisory Board investigated options available to the City. Their goal is to make a final recommendation to the Council that they feel will be supported by the citizens. The Board has identified the following alternatives: 1) continue to contract with King County Library Service; 2) to annex to King County Library Service with an interlocal agreement; 3) develop an independent library system. Referencing a matrix in the agenda, Mrs. Camozzi -Ekberg explained that it looked at each alternative according to some of the criteria the Library Board had considered important. The Board identified flexibility of services, the amount of local control the City would have, the costs, the type of facilities that would be available, and risks that would relate to each alternative. In addition, the Board determined that an inter library loan was a specific service that people were concerned about. As a result, they looked at how each of the alternatives related to the inter library loan service. They also investigated the level of services and where the money would come from. Mrs. Camozzi -Ekberg stated with Option I, which was to continue to contract with KCLS, the City would continue to contract and maintain some local control through a contract negotiations and an active Library Advisory Board. Contract costs would rise to $1.2 million by 1994. Because funding has historically come out of the general fund, it raises the question of additional taxes or reduction in other services in order to cover the library costs. The current level of service would be maintained with few options for expansion. Tukwila citizens would have access to all branches and materials in the large library system. Option I maintains the status quo as it is today. With Option II, annexation to KCLS with an interlocal agreement, the City would annex to KCLS and funding would come from King County property taxes. Tukwila as a whole would still be paying the $1.2 million by 1994 through a direct tax to each property holder in the City. The City itself would not be directly responsible for funding library services. It would be the responsibility of each property holder. The current level of service would be maintained, and there are few options for expansion of library services. Citizens would have access to all branches and materials in the large system. This option duplicates the contract option except for the funding. Also with this option, Tukwila will have some control over the local libraries with the interlocal agreement. This would allow Tukwila to negotiate some of the desired changes that we would like to see in our local libraries. King County would like to see the local Library Advisory Board maintained. Option III develops an independent library system. If residents voted for this option, Tukwila would leave KCLS and develop its own library system such as Renton and Enumclaw. Although it would give Tukwila the flexibility to offer the services, hours, and facilities that would best fit Tukwila's library needs, it would not duplicate the range of services KCLS can offer. Tukwila would maintain local control, and Tukwila City Council Regular Meeting December 2, 1991 Page 3 Public Hearings (con't) Library Alternatives (con't) Audience Comment after initial start up costs, this alternative could possibly operate around the $600,000 to $900,000 per year range. There remain many unknowns with this option; a feasibility study would have to be completed. In conclusion, Mrs. Camozzi Ekberg read the Board's tentative recommendation. The Library Board, with three votes and one vote yet to be determined, recommends that the Tukwila City Council place an issue on the ballot that would give the citizens the opportunity to vote on the following: Option I, Option II, Option III. The "winner" would be the option that the City would pursue. The Board's intent would be to offer all three options because they are not sure they have heard all citizen's input yet. Of the three options, the Library Board feels the community will support annexation to the KCLS with an acceptable interlocal agreement in place. King County has expressed a willingness to improve the library situation within Tukwila and the possibility exists to expand or relocate the Foster library while retaining the Tukwila library. Tukwila will continue to have full rights and access to all libraries in the area and the financial responsibility of the City for providing the services would be relieved. An interlocal agreement will allow Tukwila to negotiate for and maintain appropriate control over any actions that might affect the libraries within our boundaries. Councilmember Moriwaki asked how much control could be put into an interlocal agreement prior to an annexation and whether the KCLS board had been contacted to see if they agree with that kind of policy. Mrs. Camozzi -Ekberg responded that Tukwila and King County would draft the interlocal. Tukwila would then put it on the ballot for the voters. After an affirmative vote, King County would decide whether or not they would accept it. Moriwaki inquired whether the ballot would be an advisory ballot or whether the intent was to accept whichever option garnered the most votes as the majority choice would be the one pursued. Mrs. Camozzi- Ekberg responded that she believed the latter was the understanding of the board. Alan Doerschel, Finance Director, explained that if more people vote "yes" to the annexation option than "no the annexation is done. If the "no" vote for annexation is predominant, you go to the secondary decision and choose either contracting or independent. Those two are advisory and the City is not bound by either of those two decisions. But if the "yes" votes exceed by one the "no" votes on annexation, the annexation is done. Councilmember Hernandez asked for clarification that the option of having an independent library system removes the benefit that Tukwila users would not be able to have access to a King County system. Mrs. Camozzi- Ekberg responded that there remained a question as to whether an agreement could be negotiated which would allow residents to use King County branch libraries. Al Peeper, 17083 53rd Ave. So., stated he was not opposed to the library; however, in order to make an intelligent choice, he would like to see data on cost per book, cost per citizen, how many Tukwila families use the library and how often they use it. In his opinion, the City needs to set limits on how much it is willing to spend. Scott Nangle, 14140 56th Ave. So., commented he uses the King County Library in Burien and feels Tukwila should be able to do better with an independent library system. Betty Gully, 13017 Macadam So., stated she would use the local library more if a larger one was available. Elizabeth Springer stated she was in favor of joining the King County library service but only after an agreement has been reach between Tukwila and the King County Library Board. Tukwila City Council Regular Meeting December 2, 1991 Page 4 Public Hearings (con't) Library Alternatives (con't) 1992 Budget The hearing was closed at 9:08 p.m. MOVED BY RANTS, SECONDED BY DUFFIE, TO TAKE A 10 MINUTES RECESS. MOTION CARRIED The public hearing was opened at 7:45 p.m. The following healthcare representatives requested funding for 1992: *Sharon Atkins, Emergency Services Director, South King County Multi Service Center. *Anita Durbach, Executive Director, Childcare Resources. *Bill Moyer, Director, South King County Nutrition Program. *Tom Rassmussen, Director, Senior Services of King County. *Paul Gellason, King County Sexual Assault. *Richard Brooks, Executive Director, RAYS. *Tom Young, Highline/West Seattle Mental Health. *Louise McGrody, YWCA. *Laurie Carr, Highline Midwifery Clinic. *Mary Ellen Stone, King County Sexual Assault. *Jean Sauls, King County Housing Authority. *Cindy Doesman, Community Health Centers. *Kevin Host, Director, Family Services of Renton. *Linda Rassmussen, DAWN. *Joanna Hartness and Laura Edwards, King County Women's Programs. *Allen Whittenburg, Independent Living/Catholic Services. *Cynthia Goodwin, Ruth Dykman Children's Center Comments were also offered from the following: *Connie, Hoffman, Keep Our Community Residential (KOCR). *Charles Simpson *Nancy Lamb, Vice Chair, Arts Commission *Pam Carter, President, South Central School District Advisory Council. *Ron Lamb, Chairman, South Central School Board. The meeting was called back to order at 9:22 p.m. with Councilmembers in attendance as listed above. Thelma Larsen, 12522 51st Place So., stated there were too many variations and "ifs" in the propositions as presented. All questions should be resolved before anyone can make a decision on this issue. The public hearing was closed at 7:38 p.m. Finance Director Alan Doerschel explained that during preparation of 6 year financial plan he realized what he thought would happen in 1994 was actually going to happen in 1992 -93. The City would reach a point where the normal cost of doing business could catch up with our revenue increase. If conditions stay the same, the cost of doing business and adding no new people, we think revenue will grow at about 6 percent, and the cost of doing business at today's services levels, using the same resources, will grow at about 7.5 percent. We also don't have the reserves we've had in the past. Sales tax grew about 9 percent each year for the last ten years. 1992 will be the first year the City will pay the full cost of providing services to the annexation areas. For example, three years ago the cost for library service was $100,000; in 1992 that cost could reach $825,000. Three years ago costs for King County health care was $26,000; in 1992 that cost will reach $200,000. Charges from Valley -Com for 911 services has increased 2.5 times since three years ago. Liability insurance, which is based upon the number of City workers, will also rise as the employee count has risen from 140 three years ago to 260 to date. Cost of doing business went up 11 percent without adding any new employees. The 1992 budget, as presented by the Mayor, is a hold- the -line budget. To balance the budget, money was borrowed from the reserve fund. Tukwila City Council Regular Meeting December 2, 1991 Page 5 Public Hearing Sign Code Revisions Public Hearings Street Classifications NEW BUSINESS Res. #1198 Granting a 6.4 Percent Cost of Living Increase to Non Represented Employees (from Consent Agenda) Ann Siegenthaler, Assistant Planner, reviewed the proposed revisions to the sign code. Three categories were affected by Council's requested changes to the draft ordinance: 1) changes regarding public facilities, 2) design standards for signs for public facilities, and 3) illumination. Mayor VanDusen closed the hearing at 9:40 p.m. Councilmember Hernandez explained that this resolution had been discussed at a Finance and Safety Committee meeting and forwarded to the Consent Agenda. Since that time questions have arisen that need to be discussed by the full Council. The public hearing on sign code revisions was opened at 9:22 p.m. Elizabeth Springer asked if the Blood Bank would be allowed a larger sign under the revisions. Siegenthaler responded that the proposed definition in the draft ordinance does not address an organization such as the blood bank that is not necessarily publicly funded but does provide a public service. Mayor VanDusen pointed out that there are tax funds going into organizations such has hospitals and the blood bank even though they are considered non profit. Following discussion by the Council, City attorney Mike Kenyon suggested revising the first line in the definition of public facilities to read: "a public facility means any facility funded in whole or in part by public funds Scott Nangle, resident, suggested staff take a look at what the City does as far as posting its own signs. In his opinion, many City signs don't serve the purpose for which they were intended. Council President Robertson stated he was concerned that if Council revised the public fund term, they might be doing more than they want to do at this time. As the sign code is due for revision in 1992, he suggested staying with the limitations of the definition in the draft as it now reads. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO HAVE THE DRAFT COMPLETED AND PREPARED IN ORDINANCE FORM AND BROUGHT BEFORE THE NEXT REGULAR MEETING. MOTION CARRIED Mayor VanDusen opened the hearing at 9:43 p.m. City Engineer Ron Cameron explained that the proposed Functional Street Classification identifies the functional classification for principal arterial streets, minor arterials, and collectors. Any other streets would be classified as access streets. Betty Gully, 13017 Macadam South, asked for the definition of "collector" arterial and how it affects the area from Interurban to So. 144th. Councilmember Moriwaki responded that it is the lowest level of an arterial designation. A collector arterial collects traffic from access roads from neighborhood streets and feeds it to minor arterials which then feeds the traffic to principals and then to the freeways. Mrs. Gully stated she would oppose the classification if this designation encouraged or led to further industrial in the Riverton community. Councilmember Rants explained that the classifications are from WSDOT and allows all cities to be consistent and use the same terminology. Council President Robertson suggested that definitions of the classifications be added to the ordinance. MOVED BY ROBERTSON, SECONDED BY MORIWAKI, THAT THE ORDINANCE BE PREPARED WITH DEFINITIONS AND MOVED TO THE CONSENT AGENDA ON DECEMBER 16. MOTION CARRIED. Tukwila City Council Regular Meeting December 2, 1991 Page 6 New Business (con't) Res. #1198 Granting a 6.4 Percent Cost of Living Increase to Non Represented Employees (con't) Authorize Mayor to Execute Agreement for Improvements to Southcenter Transporatation Infrastructures Accept Right -of -Way on So. 148th for Street and Utility Purposes Execute Latecomer's Agreement between the City and KOAR- SeaTac Partner, LP for Storm Sewer Extensions OLD BUSINESS Ord. #1614 Amending BAR Design Guidelines to Implement Multi family Design Standards Council President Robertson stated he had asked the Administrative Services Director for more information. MOVED BY ROBERTSON, SECONDED BY MORIWAKI, TO MOVE THIS ITEM TO THE 12/5 SPECIAL BUDGET MEETING FOR FURTHER DISCUSSION. MOTION CARRIED. Councilmember Robertson asked for reassurance that the reimbursement percentages were sufficient and money has been designated in the budget for the City's cost on this project (Andover West). Public Works Director stated the project will not be in the budget because it was removed from the CIP. The City has five years to construct the project. The contractor has agreed to these mitigations as part of their project. If the City does not build its portion of it, the developer does not have to build the improvements. A discussion followed on the mitigation fees and how the costs and percentages were calculated. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, THAT THE CONTRACT BE AMENDED TO INCLUDE AN INFLATIONARY ESCALATION CLAUSE.* Councilmember Moriwaki commented on the need for a set policy on mitigations. *MOTION CARRIED. Council President Robertson requested clarification regarding the need for sprinklers per Tukwila codes as a condition of building permits. He asked whether sprinklers would still be required if the code changed between the time the agreement was signed and before any future homes were built. According to City Attorney Mike Kenyon, the builder would be required to follow the Tukwila codes in effect at that time. Ross Earnst explained that currently the water district serving So. 148th does not have sufficient water flow. The option is to put in fire hydrants and/or upgrade the system or sprinkle them which requires less flow than the fire hydrant. The property owner has chosen to sprinkle the homes rather than upgrade the water system. MOVED BY ROBERTSON, SECONDED BY RANTS, THAT THE CITY ACCEPT THE RIGHT -OF -WAY ON SO. 148TH STREET FOR STREET AND UTILITY PURPOSES AS PROPOSED. MOTION CARRIED. Council President Robertson asked if there was any cost to the City in the form administrative fees for handling the latecomer's fees. Ross Earnst explained there was a minimal charge for handling included in the fee. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO ACCEPT THE LATECOMER'S AGREEMENT AND EXHIBIT; AUTHORIZE MAYOR TO EXECUTE LATECOMERS AGREEMENT BETWEEN THE CITY AND KOAR SEATAC PARTNERS, LP FOR STORM SEWER EXTENSIONS. MOTION CARRIED. MOVED BY DUFFLE, SECONDED BY MORIWAKI, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon read An Ordinance of the City of Tukwila, Washington, amending Tukwila Municipal Code Chapter 18.60.050 Board of Architectural Review Guidelines, to explicitly allow consideration of additional evaluation criteria Tukwila City Council Regular Meeting December 2, 1991 Page 7 Old Business (con't) Ord. #1614 Amending BAR Design Guidelines (con't) in implementing the purpose and objectives of this chapter. MOVED BY DUFFLE, SECONDED BY HERNANDEZ, THAT ORDINANCE 1614 BE ADOPTED AS READ.* Council President Robertson stated he was very uncomfortable with this ordinance as it appears to be modifying and creating the zoning code and an ordinance without actually specifying anything. It doesn't seem logical or defensible. City Attorney Mike Kenyon explained that what the BAR considers in the criteria for the design guidelines must be relevant or useful to satisfy the goals of the Chapter. The standard that the BAR would be subject to in court, if challenged, is an arbitrary and capricious standard. The legal definition to prove that an action is not arbitrary and capricious is if there is any set of facts that can be conceived that support the action. As long as it is a relevant or useful document or thing they're considering, that's not only a set of facts that can be conceived, that's a set of facts that is, in fact, there that supports their action. Because he considered the guidelines to be extremely vague, Councilmember Moriwaki suggested the language be amended. MOVED BY MORIWAKI, SECONDED BY LAWRENCE, TO REPLACE THE WORD "SHOULD" EVERYWHERE IT APPEARS AFTER SECTION 18.26.050 (1A) WITH THE WORD "SHALL" Councilmember Hernandez stated that the ordinance as written doesn't have the impact she had intended it have. She favors making the ordinance stronger if possible. Councilmember Lawrence inquired if changing the "shoulds" to "shall" would change the document enough to require a more significant process. Kenyon responded that Council may want to offer another public hearing on the wording change. According to Vernon Umetsu, Associate Planner, this section has been proposed for extensive amendments in the Multi- family Design Standards. The Planning Commission has already gone through it and extensively revised the standards with the mandatory "shalls" and required language. Council President Robertson suggested denying the motion as the ordinance would have to go back to the Planning Commission for another public hearing. This may delay the Multi family Standards which could be before Council by February. Councilmember Moriwaki agreed to withdraw his motion with the caveat that the Multi family Design Standards have more "teeth Attorney Kenyon suggested amending the guidelines by adding the words "the following, which shall be considered in all cases:" to the end of the underlined paragraph on page 127. By making this change the BAR will be forced to continue considering every one of the elements in sub paragraphs 1 -5 and also giving them the ability to consider the draft multi family *MOTION WITHDRAWN. Councilmember Moriwaki withdrew his motion. Councilmember Lawrence withdrew his second. MOVED BY MORIWAKI, SECONDED BY DUFFIE, TO ADD THE WORDS "THE FOLLOWING, WHICH SHALL BE CONSIDERED IN ALL CASES" TO THE END OF THE UNDERLINED PARAGRAPH ON PAGE 127. MOTION CARRIED. Tukwila City Council Regular Meeting December 2, 1991 Page 8 REPORTS None EXECUTIVE SESSION MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, TO EXTEND THE MEETING UNTIL 11:15 P.M. TO ALLOW A FULL 30 MINUTES FOR EXECUTIVE SESSION. MOTION CARRIED Back to order 11:30 p.m. ADJOURNMENT 11:30 p.m. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, TO ADJOURN TO EXECUTIVE SESSION. MOTION CARRIED. The meeting was called by to order with all Councilmembers in attendance as listed above. MOVED BY DUFFIE, SECONDED BY RANTS, THAT THE MEETING BE ADJOURNED. MOTION CARRIED Van Dusen, Mayo Jaffe E. Cantu, City Clerk