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HomeMy WebLinkAbout1993-11-29 Special MinutesNovember 29, 1993 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS APPOINTMENTS: TUKWILA CITY COUNCIL (Revised 1/11/94 page 6) MINUTES Tukwila City Hall Council Chambers Mayor Rants called the Special 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; ALLAN EKBERG; STEVE MULLET; JOYCE CRAFT. LINDA COHEN, City Attorney; JOHN McFARLAND, City Administrator; RON CAMERON, City Engineer; ALAN DOERSCHEL, Finance Director; ROSS EARNST, Public Works Director; DON WILLIAMS, Parks Recreation Director; LUCY LAUTERBACH, Council Analyst. Mayor Rants explained that according to the TMC, the four year appointment to the position of Municipal Court Judge shall be made on or before December 1st of the year preceding the beginning of the four year term. Rants apologized to Council for putting the reappointment of Judge Belur before them with so little notice and explained he had been unaware the appointment had to be made prior to January 1st. The Mayor reported that in the past he had been concerned about deferred sentencing. However, after meeting with Judge Belur discussing the philosophy of the City and the justice that the City expects to be done, Rants stated he was very comfortable with making the reappointment. Councilmember Lawrence stated that because of the importance of the appointment he felt Council needed additional time to consider the issue. MOVED BY LAWRENCE, SECONDED BY ROBERTSON TO POSTPONE CONSIDERATION OF THE APPOINTMENT UNTIL NEXT WEEK* Councilmember Duffie stated he favored the reappointment but opposed the motion due to the December 1st deadline requirements of the TMC. Duffie called for harsher sentencing for repeat offenders. Councilmember Hernandez stated her intention to vote in favor of the reappointment but said she had no objection to postponing a decision until next week. Hernandez also noted her interest in an in -house prosecutor. Councilmember Mullet favored a postponement, stating he needed additional information to make an informed decision. Councilmember Robertson also favored the delay. He suggested an ad hoc committee made up of 2 -3 councilmembers work with Council President Lawrence to study further the reappointment issue and process and the possibility of an in -house prosecutor. Councilmember Lawrence agreed that a better process was needed; however, he Tukwila City Council Special Meeting November 29, 1993 Page 2 Annointments (con'tl CITIZENS COMMENTS Mildred Saari, 13535 53rd Ave. S. Art Burrington 12244 45th Ave. S. *MOTION CARRIED WITH DUFFIE VOTING NO. *MOTION CARRIED. 1 preferred the discussions stay with the Finance and Safety Committee. Councilmember Ekberg favored the motion to allow for additional information. Mayor Rants explained that the confirmation process gives Council an a chance to say what they anticipate our judge will be by the questions they ask. Rants stated he looks forward to the judge's opportunity to come in and answer Council's questions regarding the philosophy of justice in the City. Council discussed the types of statistical information they would be interested in obtaining as part of their considerations. It was determined that the mayor's office, the city attorney and court staff would work together to provide the requested data. Councilmember Robertson suggested amending the motion to allow two weeks for gathering and reviewing the information. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO POSTPONE THE REAPPOINTMENT UNTIL DECEMBER 13TH.* Councilmember Craft suggested establishing guidelines to evaluate performance. Mildred Saari, 13535 53rd Ave. So., complained about the parking from the Park and Ride. According to Saari, people are parking on both sides of the street at times. Other times, cars are parked directly alongside stop signs. Saari considers it to be a very dangerous situation. Mayor Rants announced that the issue would be forwarded to the Transportation Committee for further discussion. Art Burrington, 12244 45th Ave. S., objected to a citation he received for a code violation regarding vehicles being stored on the premises. Mr. Burrington disagreed with the Code Enforcement Officer's interpretation of the code and noted that in his opinion, the code itself was too loosely structured. It needs to be more specific. Burrington distributed photographs showing the vehicles he keeps on his property, and questioned the applicability of the violations. Mayor Rants explained that the City offers an appeal process that Burrington may follow to have this matter resolved. Burrington continued to explain his situation. Mayor Rants offered to look into the problem to see what could be done. Tukwila City Council Special Meeting November 29, 1993 Page 3 Citizen's Comments (con't) Wendy Morgan Lanny Vickers, 12227 45th Ave. S., referenced a long standing complaint about a problem involving code violations in his neighborhood and his displeasure with the response of the Code Enforcement Officer. Vickers indicated the problems involve animal control issues and storage of several cars on the property. John McFarland responded that the issues referenced by Vickers are complicated and several staff persons continue to work on them. McFarland asked that it go on record that he doesn't appreciate the forum that allows someone to come forward and call someone a liar, or to talk about their worth as an employee when the individual is not here. McFarland suggested that if Vickers has a specific complaint, he contact him personally so the two of them could work through the problem. Mr. Vickers responded that he would have followed McFarland's suggested course of action if he had been aware of the proper procedure. Wendy Morgan, 15144 65th Ave S. #404, suggested that Council include a statement on the agenda under Citizens Comments that any comments about specific City employees should be directed to the administration to be handled outside of the public meeting. On another issue, Morgan requested a donation of one case of history books to the Historical Society. Secondly, Morgan explained that Mayor Rants had suggested the Historical Society become the marketers of the history book with the proceeds of their sales being retained by the Society for their projects. Morgan said the Historical Society respectfully declined the Mayor's offer explaining that the Society doesn't have the people, resources, time or energy to sell the books. Morgan requested funding to install a fence around the Mess Cemetery and to erect historical markers in designated locations in the City.. Morgan explained that $1948 was reimbursed to the HS from KC grant. Forty of the 100 books the City gave to the HS were given to the Highline School District, 60 to South Central School District. The additional 100 books, received from the grant, were given to the SCSD. Morgan estimated the cost of the fence at $10,000; the historical markers at $7,500- $8,500. Mayor Rants agreed to look at Morgan's request at budget time. CONSENT AGENDA a. Approval of Minutes: 10/18/93 b. Accept as complete Interurban Ave. S., Fostoria drainage pipeline project with Volker Stevin Pacific Inc.; authorize release of retainage. Removed to Old Bus. c. Authorize Mayor to sign developer's agreement with Non -Stop, Inc., to fund curb /gutter /sidewalk on Pacific Highway. Tukwila City Council Special Meeting November 29, 1993 Page 4 Consent Agenda (con't) BID AWARD Misc. Signal and Intersection Improvements Duwamish Slough Riverbank Emergency Repairs PUBLIC HEARINGS Foster View Estates PRD /Subdivision OLD BUSINESS Authorize Mayor to Sign Developer's Agreement with Non -Stop, Inc. for Curb/ Gutters /Sidewalk on Pacific Highway So. (from Consent Agenda) MOVED BY HERNANDEZ, SECONDED BY DUFFIE, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.* *MOTION CARRIED AS AMENDED. Mayor Rants opened the public hearing at 8:27 p.m. and requested a continuance to December 6, 1993. Councilmember Mullet requested item "c" be removed and discussed under Old Business. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO AWARD A CONTRACT TO MADSEN ELECTRIC IN THE AMOUNT OF $101,654 FOR MISCELLANEOUS TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS PROJECT, NO.93 -RW09. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO AWARD A CONTRACT TO WAYNE McCANN TRUCKING AND EXCAVATING IN THE AMOUNT OF $42,890.48 FOR THE S.104TH ST. DUWAMISH RIVERBANK SLOUGH EMERGENCY REPAIR PROJECT, NO. 93-DR06. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO CONTINUE THE FOSTER VIEW HEARING TO NEXT WEEK. MOTION CARRIED. Councilmember Mullet stated the need to develop consistency in developer's agreements which run for five years. In this case, the building permit is conditioned upon the developer paying for frontal improvements along Pacific Highway So. which includes the cost of sidewalks plus engineering. If other businesses were to come in on an LID in the future, those businesses would not have to share the engineering costs. Councilmember Robertson suggested the a phrase be added to the contract which would allow the City the option to include or exclude the engineering costs. Councilmember Mullet said his major concern is that everybody share in the costs equally. MOVED BY ROBERTSON, SECONDED BY MULLET, TO DELETE THE WORD "ENGINEERING" AND THE COMMA FOLLOWING IT FROM THE IMPROVEMENTS PARAGRAPH #2.* Tukwila City Council Special Meeting November 29, 1993 Page 5 Old Business (con't) Authorize Mayor to Sign Developer's Agreement with Non -Stop, Inc. for Curb/ Gutters /Sidewalk on Pacific Highway So. (from Consent Agenda) Recess 8:48 p.m. Back to Order Amend Agenda NEW BUSINESS Res. #1282 Fixing Date for Public Hearing on Street Vacation Request 43rd Place So. Mayor Rants stated that before the developer's agreement expires, Council will be deciding on policies that will affect the redevelopment of Highway 99. Some of those policies might include some incentives, i.e., curbs, gutters, sidewalks, for the kinds of businesses Council wishes to coax into that area. Rants favored keeping the agreements consistent throughout the City until such time that Council decides what to do with the area within the next five years.. Speaking in favor of his motion, Councilmember Robertson stated he felt that when it was time to actually apply the agreement, it would be better if it were specific with the word "engineering" removed. *MOTION CARRIED MOVED BY MULLET, SECONDED BY ROBERTSON, TO AUTHORIZE THE MAYOR TO SIGN THE DEVELOPER'S AGREEMENT WITH NON -STOP, INC., TO FUND CURB,/GUTTERS/SIDEWALKS ON PACIFIC HIGHWAY AS AMENDED. MOTION CARRIED. Mayor Rants called the meeting back to order at 8:57 p.m. with Councilmembers in attendance as listed above. MOVED BY DUFFIE, SECONDED BY ROBERTSON, TO APPROVE RESOLUTION NO.1282 AS READ. MOTION CARRIED. MOVED BY LAWRENCE, SECONDED BY ROBERTSON, TO CALL A FIVE MINUTE RECESS. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO MOVE NEW BUSINESS AHEAD OF OLD BUSINESS, BUDGET REVIEW. MOTION CARRIED. MOVED BY DUFFIE, 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 UPON A PETITION FOR VACATION OF CERTAIN RIGHT -OF- WAY WITHIN THE CITY OF TUKWILA GENERALLY DESCRIBED AS 43RD PLACE SOUTH. Tukwila City Council Special Meeting November 29, 1993 Page 6 Old Business (con't) Council continued their review of the Proposed 1994 budget. Proposed 1994 Budget Revised 1/11/94 (revisions underlined) (revisions underlined) Sewer Fund/Equipment Rental 1994 Funding of ACC Mullet explained that the opportunity has come up to take over the water and sewer in the East Marginal and Ryan Hill areas. In several areas, Tukwila could come into additional revenue with very little effort. Seattle's 25 year franchise expires in May, 1994. Since the East Marginal and Ryan Hill areas are part of Tukwila, the City may now choose not to renew Seattle's franchise. Council agreed to send a letter to the City of Seattle indicating Tukwila's intentions. Councilmember Hernandez reported that the Community Affairs Parks Committee sunrorted the staff recommendation that the remodel of a handicap ramp access at the Foster Golf LInks clubhouse and restaurant be deleted from the 1994 budget at this time. Councilmember Lawrence requested the ramp be included. Ross Earnst explained that the reason the project was deleted was because the ramp would provide access to the restaurant, but it would not provide access to the restrooms located downstairs. MOVED BY LAWRENCE, SECONDED BY MULLET, TO INCLUDE MONEY FOR THE REMODELED PORTION OF A RAMP TO ENTER IN AND OUT OF THE BUILDING.* Councilmember Duffie opposed the motion noting that full access is needed to the restaurant and restrooms, not just partial access (to the restaurant only). Councilmember Ekberg echoed Duffle's concern. *MOTION FAILS 2 -5. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO APPROPRIATE $50,000 TO BUY A COMBINATION WATER JET /SAND BLASTER TO THE EQUIPMENT RENTAL FUND. MOTION CARRIED WITH CRAFT VOTING NO. Councilmember Lawrence reported that the ACC is requesting $50,000 from member cities to fund their continuing efforts to limit the expansion of SeaTac airport. Lawrence supports the membership, stating that it's important to defend each neighborhood in the City from whatever encroachment there is that makes that neighborhood less liveable. Lawrence suggested instituting an ongoing fund to be used to support this kind of issue. MOVED BY LAWRENCE, SECONDED BY ROBERTSON, THAT THE CITY CONTINUE ITS MEMBERSHIP IN THE ACC IN THE AMOUNT OF $50,000.* Councilmember Duffie commented that in his opinion, nothing will be resolved until the Port's power is diminished. Council President Lawrence agreed and said the airport issue has been turned over to Tukwila City Council Special Meeting November 29, 1993 Page 7 Old Business (con't) Proposed 1994 Budget Discussion of 1994 Funding of RCAA Discussion of Real Estate Excise Tax the PSRC which will work with the state to look at the problem as a regional air traffic concern. Mayor Rants stated that although he has not been a supporter of the fight against the third runway, he agrees that the City as a whole must work to the benefit of a neighborhood that is impacted. Rants disagrees only with the route Council is taking. *MOTION CARRIED WITH DUFFIE VOTING NO. Council President Lawrence added that the RCAA has requested $10,000 from each of the cities for 1994. He suggested further investigation be done to determine how the RCAA works with the ACC and whether or not the City should continue to support the group as in the past. Mayor Rants stated that he had suggested $5,000 be left in the 1994 budget for RCAA funding; however, he was not recommending Council spend the money for this purpose. On another issue, Councilmember Robertson stated his concerns about the City's ability to continue doing the street transportation projects listed in the TIP. Robertson explained that many times when money is needed for other things, the TIP always gets hit. He suggested Council look seriously at the second one quarter percent of the real estate excise tax as a possibility for funds, noting that several of the neighboring cities use this method for funding capital improvement projects. This method of tax collection would raise approximately $250,000 that the City could use for transportation projects. Robertson asked for Council's concurrence to have a resolution prepared and the administration schedule a public hearing on the proposal as soon as possible. Robertson clarified that the resolution would state that the money collected would be dedicated to the transportation capital plan. Council President Lawrence stated he was not personally in favor of the recommendation; however, he feels it important to have a strong CIP. Councilmember Craft noted her concern for publicizing councilmanic bonds as a method of funding for the community center and then allocating another tax for other projects. Mayor Rants stated that he had mixed feelings about the proposal. The tax collected would be based upon the amount of real estate sales; the amount could be above or below $250,000. Also, residents have been told that the City could finance councilmanic bonds worth $6 million to build a new community center without a tax increase. And, although this is not a tax increase for the community center, it is still a tax increase. Councilmember Ekberg commented he felt it was too early to discuss increasing taxes. The City is currently unable to complete all the transportation projects it has funded. Councilmember Craft requested more public input be gathered through other avenues in addition to a public hearing. Councilmember Hernandez stated she would rather Tukwila City Council Special Meeting November 29, 1993 Page 8 Old Business (con't) Proposed 1994 Budget Request for Funding Historical Society 10:35 p.m. look at raising taxes as an emergency measure if such a situation arose in the future. Following further discussion, Council was unable to reach a consensus on this issue. Councilmember Hernandez asked for resolution on the request by the Historical Society for $18,500 for a cemetery fence and historical markers. Mayor Rants said that he had offered to give the Society the remaining history books to sell (worth approximately $26,000) and keep the proceeds for their projects; however, they declined. Councilmember Lawrence opposed funding the fence as the cemetery is outside of the City limits He favored giving the Historical Society the history books. Lawrence also felt the markers should be handled through the Arts Commission. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, TO ALLOCATE $3,000 OF THE ENDING FUND BALANCE TO THE ARTS COMMISSION'S BUDGET TO BE EARMARKED FOR HISTORICAL MARKERS. MOTION CARRIED. REPORTS MOVED BY LAWRENCE, SECONDED BY ROBERTSON, TO DISPENSE WITH REPORTS. MOTION CARRIED. ADJOURNMENT MOVED BY ROBERTSON, SECONDED BY DUFFLE, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. Johh W. Rants, Mayor ct-- i/ _e (2 L. -AZc, Jane) E. Cantu, City Clerk