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HomeMy WebLinkAbout1993-09-20 Regular MinutesSeptember 20, 1993 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS CITIZENS COMMENTS CONSENT AGENDA BID AWARD Fire Pumper TUKWILA CITY COUNCIL MINUTES /,25 Tukwila City Hall Council Chambers Mayor Rants called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE DUFFIE; JOAN HERNANDEZ; STEVE LAWRENCE, Council President; DENNIS ROBERTSON; CHARLES SIMPSON; ALLAN EKBERG; STEVE MULLET. LINDA COHEN, City Attorney; JOHN McFARLAND, City Administrator; RHONDA BERRY, Asst. to the City Administrator; EVELYN BOYKAN, Human Services Coordinator; LYNN DEVOIR, Parks Recreation Superintendent; ALAN DOERSCHEL, Finance Director; ROSS EARNST, Public Works Director; NICK OLIVAS, Asst. Fire Chief; RON WALDNER, Chief of Police; DON WILLIAMS, Parks Recreation Director; VIKI WITSCHGER, Admin. Svs. Director; LUCY LAUTERBACH, Council Analyst. Lanny Vickers, 12227 45th Ave. So. complained about the lack of code enforcement in the area of animal control especially around the 45th Ave. S. neighborhood. The animals, which include dogs, cats, birds, pigs, goats, chickens, and geese are not well cared for. Vickers asked Council President Lawrence to look into this matter and suggested that DCD could possibly use an additional code enforcement officer to help with the workload. On another issue, Vickers stated that several vacant lots in the Allentown area have not been taken care of and have become unsightly. He encouraged those who own property in an area other than where they live to make sure their vacant land does not present an eyesore for those who live around it. a. Approval of Minutes: 8/16/93 b. Approval of Vouchers: Nos. 66815 through 67027 in the amount of $538,146.43 c. Approve 1994 CDBG funding proposals d. Accept as complete Foster Golf Course Irrigation Control project with M -Two Contracting Co., authorize release of retainage. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED. MOVED BY EKBERG, SECONDED BY MULLET, TO AWARD A CONTRACT IN THE AMOUNT OF $292,106.74 TO W.S. DARLEY FOR BUILDING OF A FIRE PUMPER.* Tukwila City Council Regular Meeting September 20, 1993 Page 2 Motion to Postpone Award of Bid PUBLIC HEARING Oxbow Annexation Public Comment Ord. #1670 Annexing the Oxbow Area OLD BUSINESS Request for Re- allocation of 1993 CDBG Funds Council President Lawrence commented that since only one bid was received, he would like to see some comparisons to the seven similar pumpers that were purchased by other jurisdictions within 100 miles of Tukwila last year. Other councilmembers shared Lawrence's concern. Following a brief discussion, it was the consensus of the Council to postpone the motion to the October 4th Regular meeting. Assistant Chief Olivas offered to present the information requested at the 9/27 COW. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO POSTPONE THE AWARD OF THE CONTRACT FOR TWO WEEKS. MOTION CARRIED. Mayor Rants opened the public hearing at 7:23 p.m. Rick Beeler, DCD Director explained that all the legal requirements of the petition for annexation had been concluded. The trail issue has yet to be resolved but is not a legal requirement of the annexation. Roger Baker, 11662 42nd Ave. So., asked who would take responsibility for the two bridges across the river if the City annexed the area. Ross Earnst, Public Works Director, responded that the bridges are privately owned and maintained by the Boeing Company. There being no further public comments, Mayor Rants closed the hearing at 7:28 p.m. Councilmember Robertson stated he felt fairly good about the annexation even though he would have liked to have seen the trail access resolved before the ordinance was adopted. Robertson acknowledged that there had been an indication of good faith from both sides and all the other questions Council had asked of staff and the petitioner had been answered. MOVED BY DUFFIE, SECONDED BY SIMPSON, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Linda Cohen read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING AN AREA KNOWN AS THE OXBOW, WAIVING THE ASSUMPTION OF EXISTING TUKWILA BONDED INDEBTEDNESS AND ADOPTING PRE ANNEXATION COMPREHENSIVE PLAN AND ZONING DESIGNATIONS. MOVED BY LAWRENCE, SECONDED BY DUFFIE, TO ADOPT ORDINANCE NO. 1670 AS READ. MOTION CARRIED. Human Service Coordinator Evelyn Boykan explained that she was requesting a reallocation of $41,881 in 1993 CDBG funds from the Utility Connection Assistance Program to the Duwamish Park Project ($24,000) and Housing Repair Project Tukwila City Council Regular Meeting September 20, 1993 Page 3 Old Business (con't) r ($17,781). Boykan explained that only one resident applied for assistance in connection with the So. 160th street improvement project and it was determined that the 40 -42nd Ave. So. street project would not be done this year. In addition, costs for completing the Duwamish Park project exceeded what was initially allocated from CDBG funds. There are also additional needs in the housing and repair program. Of the $34,000 available in this program at the beginning of this year, $30,000 has already been appropriated to five households to take care of repairs such as insulation, storm doors, roof repairs, gutters, septic system repairs. Human services currently has approximately $36,000 pending applications that cannot be processed unless there are additional dollars allocated to the housing repair program. Councilmember Robertson voiced his concern about completing the Duwamish Park project while leaving housing repairs needs unmet. Boykan responded that consistently from year to year there have been shortfalls in the housing repair program. It does ask for those folks with pending applications to wait a little longer, but in terms of getting Duwamish Park completed in a timely fashion, the recommendation was made to finish that off. Councilmember Robertson asked what it would cost to fund the housing program fully. Boykan responded that she couldn't give an answer because there was no historical data available to be able to project what the demand would be. Council President Lawrence commented he shared some of Robertson's concerns, but felt both projects were pretty worthy. Lawrence noted that for the Duwamish Park project $24,000 would supplement it and finish it up, and for the housing repair project, $17,000 was a significant supplement to stretch it out further this year. Lawrence stated he was in favor of the reallocation and would like to see the planned improvements to the Duwamish Park projects be completed. Councilmember Ekberg agreed with the proposal and stated he felt the money was needed for the housing as well as for the development of the park. Councilmember Hernandez stated she favored the breakdown as presented and felt that it was totally appropriate to use community development block grant funds for a park that needs the money to be completed. The funds are being used for play equipment and it's a safety factor for children to install this additional matting underneath the play equipment. The project not only pays for paving a parking lot; it includes a path, which is important for people who are handicapped to be able to have a paved path to maneuver on. Hernandez agreed that the City would never be able to entirely meet the need for the housing repair program. Tukwila City Council Regular Meeting September 20, 1993 Page 4 Old Business (con't) Public Comment Way Back Inn Lease Agreement MOVED BY HERNANDEZ, SECONDED BY EKBERG, TO APPROVE THE REALLOCATION OF $41,781 FROM THE UTILITY ASSISTANCE PROGRAM TO THE DUWAMISH PARK PROJECT AND THE HOUSING REPAIR PROGRAM.* Councilmember Ekberg inquired if applications had been cut off for the So. 160th street improvement project since only one person had applied. Boykan responded that she believed the date for applications had been terminated. Anna Bernhardt, 14241- 59th Ave. So., asked if the money would be refunded to the City when the house was sold. Mayor Rants responded that it would be. *MOTION CARRIED. Rhonda Berry explained that the proposed lease is identical to the lease that was negotiated with the City of Kent. The City's insurer, Washington Cities Insurance Authority has approved the agreement. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO AUTHORIZE THE MAYOR TO EXECUTE THE LEASE AGREEMENT WITH THE WAY BACK INN. MOTION CARRIED. Councilmember Hernandez reported she had visited the Hozack/Macabee house and thinks it is a very good candidate for this program. Hernandez stated she reviewed the lease and found it to be well written. Rhonda Berry explained that in order for the City to be able to use the Hozack/Macabee house for the Way Back Inn, we would have to trade with the county an equivalent amount of land as what the Hozack/Macabee property is. So what is proposed is the property behind the Markum property that's right behind the Alde house. John McFarland explained that the City would not really give the property to the county. The City would take credit for the open space purchase. McFarland clarified that this is a proposal only; no affirmation from the county has been received at this point. Councilmember Lawrence asked if the money would go to King County and their Open Space plan if Tukwila separated the property and sold the building and the lot that it was on. John McFarland responded that the money would not go to King County. The City could be take the county open space funds that it had purchased Hozack/Macabee with and transfer them to Markum. The county would then no longer have any interest in that portion of Hozack/Macabee that the City has identified outside of the wetland Tukwila City Council Regular Meeting September 20, 1993 Page 5 Old Business (con't) area. Once the trade was made, the county would have no interest in it at all. Don Williams, Parks and Recreation Director explained that if there's a trade use for the Hozack/Macabee piece for the Markum piece, the City would continue to own the Hozack/Macabee piece, but because of the Open Space conditions on the Hozack/Macabee parcel, those conditions would then be imposed on the Markum piece. The City would still own the Hozack/Macabee house and site. A short plat or boundary line adjustment would have to be done in order to reduce the size to make it equal to Markum. The Hozack/Macabee piece is 204,000 square feet of land. The Markum property is approximately 29,000 square feet. The zoning for the Hozack/Macabee piece for the single family house lot is 7200 square feet. Williams further explained that the City has to convince the Citizen's Oversight Committee and King County Council that this trade, the imposition of conditions on one lot onto the other, is an action that this Council formally wants to take. So before the City can do anything, we have to put the whole plan together, come back to Council for passage of a motion or resolution, and then go back to the County Oversight Committee and the King County Council. The entire process will most likely take six to nine months to complete. Mayor Rants commented that right now the administration was requesting Council to sign this lease agreement for one house only with Way Back Inn. Council President Lawrence asked for clarification of what would happen if the City did the lease, made the trade, and after five years wanted to sell the property. Would the City be able to sell the property? Don Williams explained that the property has to remain in City ownership. It cannot be sold. If, five years from now, the City decided not to continue ownership, then we'd have to go to the county and ask them to accept our dollars. Then the City would have ownership free and clear and you could do as you please. Right now the action being considered is just a trade of the conditions on the property only, not paying back the county. Council President Lawrence asked for further clarification on trading conditions to the county piece. Williams explained that the exception is we're not paying the County back the dollars that we used to purchase the Hozack/Macabee piece. The process, according to the Open Space office staff, would allow the City to take the conditions on the Hozack/Macabee piece and place them on the Markum piece; however, the City would have to retain ownership of the Hozack/Macabee property. If we wanted to take the additional step and have that completely free and clear, we would have to pay back Tukwila City Council Regular Meeting September 20, 1993 Page 6 Old Business (con't) Res. #1271 Establishing a Compensation Policy for City Employees Res. #1272 Establishing a New Wage Plan for Non Represented Employees Ord.#1671 Decriminalizing Several Sections of the TMC *MOTION CARRIED. the county Conservation Futures monies that we've received in order to get free and clear title and then do as we please. We could retain the property, use it for the Way Back Inn for as long as we wanted, but we would still own the property. In essence, the City would be trading a portion of the site and conditions. If it's the Council's desire to have a complete trade including paying the dollars back, do a boundary line adjustment, and so forth, then give us that direction and we'll pursue that path. However, right now, we're only looking to impose the conditions on the Markum piece and do that trade. Councilmember Lawrence asked if the City could live with the County's stipulations on this property. Williams responded that he saw no problems for the Markum piece. MOVED BY EKBERG, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Cohen read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A COMPENSATION POLICY FOR THE CITY OF TUKWILA AND REPEALING RESOLUTION NO. 999. MOVED BY DUFFIE, SECONDED BY ROBERTSON, TO APPROVE RESOLUTION NO. 1271 AS READ. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Cohen read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A WAGE PLAN FOR NON REPRESENTED EMPLOYEES AND REPEALING RESOLUTIONS NOS. 1164 AND 1217. MOVED BY DUFFIE, SECONDED BY EKBERG, TO APPROVE RESOLUTION NO. 1271 AS READ. MOTION CARRIED. City Attorney Linda Cohen explained that in order to separate vehicles found on private land as opposed to public right of ways, the Abandoned and Junked Motor Vehicles Chapter 9.32.040 (110 120) which deals with private property, should be inserted into the proposed ordinance so that that section is decriminalized. The rest of it would remain criminal. John McFarland further explained that the police chief had asked that the portion of the code that relates to abandonment of vehicles on public property remain criminal. Vehicles left on the right of way can cause hazards. They may be Tukwila City Council Regular Meeting September 20, 1993 Page 7 Old Business (con't) targets for vandalism. The police department enforces this portion of the code; however, they cannot go onto private property and cite someone for the car in their yard. The City is currently working on several cases where people have left vehicles on their own property for extended periods of time that have become a haven for rodents, eyesores, etc. The Code Enforcement Officer would be able to work these types of issues easier if they were decriminalized. McFarland recommended Council go ahead and add in those decriminalized elements with respect to private property issues, and later clean up Title 9 with respect to abandonment of vehicles on public property. Regarding portions of the code that deal with animals, McFarland clarified that it is not the intent to decriminalize the abuse elements of the code, but rather to look at whether the keeping of animals and livestock meets land use requirements or creates a nuisance. These sections of the code would need to be re- worked in the same manner as Title 9. MOVED BY LAWRENCE, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Linda Cohen read AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING NUMEROUS CHAPTERS OF THE TUKWILA MUNICIPAL CODE TO DECRIMINALIZE VARIOUS OFFENSES LISTED THEREIN AND RECONSTITUTING ALL SUCH OFFENSES AS CIVIL VIOLATIONS, ESTABLISHING A NOTICE AND ORDER OF VIOLATION SYSTEM INCLUDING A FINE SCHEDULE AND APPEAL PROCESS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO ADOPT ORDINANCE NO.1671 AS READ.* Councilmember Robertson stated he felt the ordinance allowed for too many levels of appeal. He favored beginning with an appeal to either the Board of Adjustment or a hearing officer until it's proven that that process doesn't work and doesn't meet the citizens needs. Robertson preferred using a hearing officer because of the ability to establish a good public record. John McFarland explained that using the Board of Adjustment for appeals would provide an element of community perspective on these issues in that it would allow for a jury of peers to hear the complaint, whereas a hearing officer may or may not be a citizen of the community. Council continued to discuss the options available. Councilmember Mullet stated he didn't have a problem with the actual levels of appeal, but he preferred to have the Board of Adjustment hear a complaint Tukwila City Council Regular Meeting September 20, 1993 Page 8 Old Business (con't) first, and then if another appeal is desired, it could go to the hearing examiner. McFarland responded that there is a concern that the Board of Adjustment could be overloaded with the number of appeals at that level. He explained staff felt that if after an individual had been through the hearing officer process, that the likelihood of appeal beyond that point was much less than the likelihood of an appeal to the hearing officer initially. McFarland referred to the number of code enforcement issues the City is currently reviewing, noting that some of the matters were very old and still unresolved. He told Council the City needs to find a mechanism that can clear some of these off the books. He feels that once the word gets out in the community that the City is going to take a strident approach to enforcing the codes in a decriminalized basis, people will be a little more cooperative and less likely to ignore enforcement issues. Councilmember Ekberg stated he favored using a hearing officer with an appeal to the Board of Adjustment. He asked what would happen if the Board of Adjustment overturned the hearing officer's ruling. City Attorney Linda Cohen responded that either party, the City or the appellant, could appeal to the next level which would be superior court. Councilmember Hernandez suggested trying to find someone qualified who would be willing to volunteer their services as a hearing officer in order to gain some experience rather than paying someone right away. John McFarland said that the next step would be to bring Council the policies and procedures and necessary requirements to establish the position of hearing officer. Council can then review all the options and determine what they feel most comfortable with. McFarland mentioned that two options had been identified that would allow the City to use professional hearing officers on November lst. Other jurisdictions have agreed to let us use some of their staff who sit as hearing officers to help out until we get things sorted out. Mayor Rants voiced his frustration at not being able to see issues resolved. He encouraged Council to give the code enforcement officer the tools he needs to get this program work. Council President Lawrence stated he agreed wholeheartedly. MOVED BY ROBERTSON, SECONDED BY DUFFIE. TO AMEND THE MOTION BY CHANGING 9.32.040. 9.32.110, AND 9.32.120 AS PRESENTED IN THE AMENDED VERSION OF THE ORDINANCE. MOTION CARRIED. Councilmember Ekberg voiced is opposition to adopting the ordinance because the written words were not before Council. Tukwila City Council Regular Meeting September 20, 1993 Page 9 Old Business (con't) Agenda Amended NEW BUSINESS Res. #1273 Setting a Public Hearing for Vacation of a Portion of Maule Ave /So. 140th/ S. 141st Motion Approving Real Property Purchases *MOTION CARRIED AS AMENDED WITH EKBERG VOTING NO. MOVED BY ROBERTSON, SECONDED BY EKBERG, TO MOVE ITEM 8G, DISCUSSION OF THE CAPITAL IMPROVEMENT PLAN, TO FOLLOW REPORTS. MOTION CARRIED. HERNANDEZ, SECONDED BY ROBERTSON, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Linda Cohen read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF CERTAIN RIGHT -OF -WAY, GENERALLY DESCRIBED AS MAULE AVENUE FROM SOUTH 141ST STREET TO SOUTH 141ST PLACE AND SOUTH 141ST STREET FROM INTERURBAN AVENUE EAST, NORTHEASTERLY FOR APPROXIMATELY 90 FEET TO THE END OF THE RIGHT -OF- WAY. MOVED BY EKBERG, SECONDED BY LAWRENCE, TO APPROVE RESOLUTION NO. 1273 AS READ. MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY THAT THE FOLLOWING CITY PURCHASES OF REAL PROPERTY BE APPROVED ALL OF WHICH HAVE BEEN PREVIOUSLY DISCUSSED IN EXECUTIVE SESSION TO INSURE THE EXISTENCE OF A LEGITIMATE PUBLIC PURPOSE AND PAYMENT OF NO MORE THAN AUTHORIZED BY THE COUNCIL IN EXECUTIVE SESSION. THE FOLLOWING PARCELS ARE INCLUDED: 1) THE PARCEL OF 9,433 SQUARE FEET LOCATED AT 5829 SOUTH 140TH STREET, FORMERLY THE HAGGARD PROPERTY, FOR THE SUM OF $134,000; 2) THE PARCEL OF 31,838 SQUARE FEET LOCATED AT 5830 SOUTH 140TH STREET, FORMERLY THE ALIMENT PROPERTY, FOR THE SUM OF $170,000; 3) THE PARCEL OF 102,780 SQUARE FEET LOCATED AT ABOUT 53RD AVENUE SOUTH AND 145TH STREET, FORMERLY THE HETTICH/PELLECCHIA PROPERTY, FOR THE SUM OF $155,000; 4) THE PARCEL OF 36,256 SQUARE FEET LOCATED AT 5311 SOUTH 144TH STREET, FORMERLY THE BOLLA PROPERTY, FOR THE SUM OF $168,500; 5) THE PARCEL OF 241,784 SQUARE FEET LOCATED AT 14688 53RD AVENUE SOUTH, FORMERLY THE HOZACK/MCABEE PROPERTY, FOR THE SUM OF $190,000.* Tukwila City Council Regular Meeting September 20, 1993 Page 10 New Business (con't) Bid Award for Duwamish Park Paving Project REPORTS Mayor Staff Recess 8:50 p.m. Meeting Resumed 9:03 p.m. Discussion of CIP EXECUTIVE SESSION 10:10 p.m. 10:35 p.m. ADJOURNMENT 10:35 p.m. *MOTION CARRIED. Council President Lawrence pointed out that parcels 3, 4, and 5 were part of the King County Open Space Bond Issue that was passed a few years ago. Items 1 and 2 were City open space purchases. MOVED BY EKBERG, SECONDED BY SIMPSON, TO AWARD A CONTRACT IN THE AMOUNT OF $25,789.33 TO HIGRADE CONSTRUCTION FOR THE DUWAMISH PARK PAVING PROJECT. MOTION CARRIED. Mayor Rants reported that the alignment of the 192nd /200th Street corridor across Valley Highway at 196th will be discussed at the next SCATBD meeting. There are four different alignments for consideration. Other issues include parking policies for urban centers. Councilmember Duffle acknowledged the problems residents are having with dogs in the area of So. 139th and 57th Ave S. and stated he hoped for a quick solution to this situation. Finance Director Alan Doerschel reported that he thought the City would be going ahead with the refunding issue for the water and sewer bonds. The current interest rates show that the City could save about $100,000 in debt service costs. A new ordinance will be forthcoming. MOVED AND SECONDED TO RECESS FOR 10 MINUTES. MOTION CARRIED. Mayor Rants called the meeting back to order with councilmembers in attendance as listed above. Council resumed their review of the Proposed 1994 -1999 Capital Improvement Plan. MOVED BY LAWRENCE, SECONDED BY DUFFIE, TO ADJOURN TO EXECUTIVE SESSION FOR 30 MINUTES TO DISCUSS A PERSONNEL ISSUE. MOTION CARRIED. MOVE BY DUFFIE, SECONDED BY LAWRENCE, THAT THE EXECUTIVE SESSION BE ADJOURNED. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY EKBERG, THAT THE MEETING BE AD URNED. NMOTIOpl CARRIED. John W. Rants, Mayor Jtne E. Cantu, City Clerk