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HomeMy WebLinkAbout1993-12-13 Special MinutesTUKWILA CITY COUNCIL December 13, 1993 Tukwila City Hall 7:00 p.m. Council Chambers SPECIAL MEETING MINUTES CALL TO ORDER Mayor Rants called the Special Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. COUNCILMEMBERS STEVE LAWRENCE, Council President; JOE DUFFIE, JOAN PRESENT HERNANDEZ DENNIS ROBERTSON, ALLAN EKBERG, STEVE MULLET, AND JOYCE CRAFT. OFFICIALS APPOINTMENTS RHONDA BERRY, Assistant City Administrator; LUCY LAUTERBACH, Council Analyst; ROSS EARNST/RON CAMERON/DOUG MICHEAU, Public Works; RON WALDNER, Police Chief; DON WILLIAMS, Parks Recreation Director; ALAN DOERSCHEL, Finance Director. Amend Agenda MOVED BY DUFFIE, SECONDED BY ROBERTSON, TO ADD PROCLAMATIONS TO THE AGENDA. MOTION CARRIED. PROCLAMATIONS Mayor Rants read a proclamation expressing sincere appreciation to Mr. Richard Goe on behalf of the citizens of Tukwila and Councilmembers for his many years of service on the Board of Adjustment. APPOINTMENTS Mayor Rants commented that Jerry Belur has honorably Confirmation of served two term in the capacity of Municipal Court Mayor's reappoint. Judge, dispensing decisions fairly and impartially. He requested the Council favorably consider his re- appointment and confirm Jerry for a third term. A brief question and answer period followed with some Councilmembers expressing their appreciation for the service Belur has provided the City; some stated they didn't have enough information on his proceedings to make a decision; while others requested that Belur share his philosophy as a judge from the bench. Belur responded that his philosophy is one that entails giving each individual that appears before him a fair opportunity to present their position to the court. While it's important to instill in each person a respect for the law and to insure that they follow the law, he also finds that it's an opportunity for him to provide an education to them of the law and where they fit in our society. He said he believes in giving the first time offender an opportunity to correct their mistake. However, it's a different story for violators and repeat offenders. Special Meeting Minutes December 13, 1993 Page 2 Belur's reappoint. (Con't). Oath of office admin. to Jerry Belur. CITIZEN'S COMMENTS Lawrence commented that he was not in favor of the reappointment of Belur because the Tukwila community is so inundated in crime that he would prefer a judge that would be a bit more strict. He said he based his impressions on his own visits to the court, discussion with police officers and staff members. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, TO CONFIRM THE REAPPOINTMENT OF JERRY BELUR AS MUNICIPAL COURT JUDGE. MOTION CARRIED WITH LAWRENCE VOTING NO. Mayor Rants administered the Oath of Office to Jerry Belur as Municipal Court Judge to begin his third, four -year term effective January 1, 1994. Daniel Aragon, 4610 South 124th, newly elected President of the Duwamish Improvement Club and also President of the Duwamish Valley Neighborhood Preservation Coalition (DVNPC), requested the Council reinstate the $150,000 that was targeted for them on August 23, 1993, later reduced by $50,000 by the Administration. Aragon said the three items requested by the Parks Department and the Community Affairs and Parks Committee have been provided, i.e. an appraisal of the property; 109 signatures on petitions showing community support; and an assessment of the condition of the property. Nadine Morgan, 5190 South 166th Street, Vice President, DVNPC, suggested the Council consider a partnership concept whereby the City, the developer, builder, environmentalist, government and the banking community act in a proactive manner to get a project done. Morgan said they strongly need the City's support to make the idea work. She encouraged the Administration /Council to purchase what they call the Beaver Bend property for a park. Pat Cagampang, 12038 42nd Avenue South, informed the Council that he had seen a Street Vacation Petition posted at the Tukwila Community Center relative to vacating the Beaver Bend property. He said he is strongly against vacating the land and that it should stay as residential. Patrick Dillon, 9468 Olson Place SW, one of the owners of the property, commented that for the last two years he has worked closely with the DVNPC group in their efforts to purchase the property. Dillon said he disagreed with the fact that the City is describing the property as wetland. He said the City already owns over one -third of the property in streets that surround the property. He said he believes the DVNPC group is only trying to make Allentown a better place to live. He challenged the Council to have the same foresight. Special Meeting Minutes December 13, 1993 Page 3 Citizen's Comments (Con't) CONSENT AGENDA OLD BUSINESS Resolution #1285 Providing for Six Year CIP (1994 -1999) Art Burrington, 12244 45th Avenue South, echoed the sentiments of those who spoke before him stating that the funds should be reinstated for the property. He also requested there be no petition to vacate the property. The Mayor announced that there is no petition to vacate the property. The petition posted at the Community is related to Fosterview Estates. Jim Gray voiced his comments on the Council's indecisiveness in purchasing the property. a. Approval of Minutes: 11/22/93 b. Approval of Vouchers c. Authorize Mayor to sign King County Animal Control Interlocal Service Agreement d. Authorize Mayor to sign East Marginal Way Supplemental #2 with Entranco Engineers in the amount of $192,531. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.* Councilmember Mullet commented that there were no vouchers to be approved. Councilmember Robertson requested that item "6b Vouchers -be withdrawn from the agenda. The Council agreed to amend the agenda to remove item "6b "Vouchers." *MOTION CARRIED TO APPROVED THE CONSENT AGENDA AS AMENDED. MOVED BY LAWRENCE, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Assistant City Administrator Rhonda Berry read a resolution of the City Council of the City of Tukwila, Washington, providing for the Capital Improvement Plan for the Water, Sewer, Surface Water, and Foster Golf Course Enterprise Funds for the period 1994 -1999. Special Meeting Minutes December 13, 1993 Page 4 Six Year CIP (Con't). Ordinance #1681 adopting the 1994 Budget. MOVED BY LAWRENCE, SECONDED BY HERNANDEZ, TO ADOPT RESOLUTION #1285 AS READ. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Assist. City Admin. Berry read an ordinance of the City of Tukwila, Washington, adopting the Annual Budget of the City of Tukwila for the Fiscal Year 1994, and creating the "Insurance Fund" Number 502 to account for the City's Self Insured Medical Plan. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO ADOPT ORDINANCE #1681 AS READ.* MOVED BY ROBERTSON, SECONDED BY EKBERG, TO AMEND THE 301 LAND ACQUISITION RECREATION PARK DEVELOPMENT FUND, TO BE INCREASED BY $100,000 DOLLARS, BOTH EXPENDITURES AND REVENUES; THAT THE 105 CONTINGENCY FUND BE DECREASED BY $100,000 DOLLARS; AND THAT THE $100,000 DOLLARS IN THE 301 FUND BE DEDICATED TO THE BEAVER BEND PARK PROJECT.** Alan Doerschel informed the Council that the 105 fund can only be used if an emergency is declared. Doerschel suggested the $100,000 dollars be taken from the Ending Fund Balance. MOVED BY ROBERTSON, SECONDED BY EKBERG, TO AMEND THE MOTION TO HAVE THE $100,000 DOLLARS TAKEN OUT OF THE ENDING FUND BALANCE INSTEAD OF THE 105 CONTINGENCY FUND.*** Robertson commented that the Council challenged the proponents of the park to perform several tasks and they've done that. He stated that purchasing any land in the Valley, close to the river, is a wise investment right now. Robertson stated, also, that we have a community group that have gone about this in about as proper, rational, reasonable, objective, friendly manner as possible. They've done their homework and they've done it for the right reason. The primary goal of this undertaking is to help preserve the Allentown area as Single- Family. Special Meeting Minutes December 13, 1993 Page 5 1994 Budget (Con't) Duffie commented that a lot of money is involved and it's property that the City doesn't really need. He doesn't feel it's appropriate to waste the citizen's money on something that the Parks Commission and the Parks Department both have opposed. He praised the DVNPC for their outstanding efforts; however, he said just because land is available it doesn't mean the City has to purchase it. He said the City is not in the business of being landlords. Hernandez commented that she shares the goal of the group and commends them for all the work they've done on this project. She has learned that of the six (6) parcels of this property, three are already zoned residential. She wonders if it's proper to authorize City funds to purchase property that the City already owns one -third in streets and right -of -way. She doesn't want to disappoint DVNPC, and she doesn't want to make a decision on an issue such as this unless it will benefit the whole community. She suggested that maybe the issue should be addressed legislatively where it wouldn't cost the City anything. Lawrence commended the DNVPC group for being very diligent and persistent. They've worked every possible angle. But he thinks working the housing angle, trying to get low income housing or to preserve housing, and using a park as an issue to get the neighborhood to join in so that they can protect R -1, isn't the way to do it. If they want to protect R- 1, the way to do it is through the Comp Plan and not to expend money that would ultimately be taken away from some other project. Mullet commented that he has had a chance to review all the pertinent information on this issue. Therefore, he would just as soon leave it off the CIP at this time and address it later when more information is made available. Craft supports the partnership concept where the entire community can get involved in developing the project. Craft also stated that she's uncomfortable about voting on issues that are not on an agenda. Ekberg commented that he feels uncomfortable with this issue because of the way the process has worked. He stated he prefers not to vote in favor of it; however, he will, because of his allegiance to the citizens of Tukwila. ***MOTION CARRIED. *MOTION WITHDRAWN. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO ADD $100,000 DOLLARS FROM THE ENDING FUND BALANCE Special Meeting Minutes December 13, 1993 Page 6 1994 Budget (Con't) Resolution #1286 Authorizing Mayor to provide a Right of Entry Easement. TO THE EXISTING $50,000 IN THE 301 FUND, CONTINGENT UPON THE DUWAMISH VALLEY NEIGHBORHOOD PRESERVATION COALITION BEING ABLE TO RAISE $400,000 DOLLARS IN ADDITIONAL FUNDS FROM OTHER SOURCES. MOVED BY CRAFT, SECONDED BY DUFFIE, TO BRING THIS ISSUE FORWARD AS AN AGENDA ITEM, AND HOLD A PUBLIC HEARING TO ALLOW FULL CITIZEN PARTICIPATION PRIOR TO SPENDING THE FUNDS.*** Doerschel informed the Council that the Balance in the Ending Fund Account is currently $284,000. After the $100,000 is deducted, it will leave a balance of $184,000. ***MOTION CARRIED. *MOTION CARRIED WITH DUFFIE VOTING NO. Doerschel stated this will reduce the ending fund balance by $100,000 and add $100,000 to the line item for Beaver Bend in the Land Acquisition Recreation Park Development 301 Fund.. A few other minor changes were made that didn't affect the overall budget. *MOTION CARRIED TO ADOPT ORDINANCE #1681 AS AMENDED AND AS CORRECTED. Robertson stated that this contract needs to reflect the way the City wants to do business, and needs to be reviewed by the City Attorney prior to signing. The Mayor stated that we have 27 acres of wetland and open space that was purchased with the tax payer's money. Nothing has been taken out of City budgets to augment this project. He said the proposal presented is one that allows us the opportunity to form a public /private partnership with the private enterprise to raise the funds, form a non -profit group, and do the construction. This is a unique opportunity that is workable and is already working in many other parts of the United Stated and in Bellevue. The City Attorney requested that it be called a Right of Entry Easement. It has been reviewed twice for legalities. It is extremely important that we have Council support to do because there are a lot of people working very hard to make this happen. They are dedicating their time and their resources. Special Meeting Minutes December 13, 1993 Page 7 Resolution #1286 (Con't). Right of Entry Easement. Councilmember Robertson proposed, and the Council agreed, that the Oversight Committee described on Page 55 of the agenda, would be composed of the Council's Community Affairs and Parks Committee and appropriate City staff and committees. Also, the Council and Bob Braukus discussed the role of the Oversight Committee and agreed it was to oversee the operation of the Corporation to fulfill their obligations under federal and state law, and to ensure that the obligations to the contributors and the City are met. Bob Braukus, President, Tukwila Pond Corporation, commented that the Oversight Committee, in the broader sense, is going to provide the quality assurance that the product the Council selects will be delivered. If not, the Corporation can easily be eliminated. MOVED BY DUFFLE, SECONDED BY ROBERTSON, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Assist. City Admin. Berry read a resolution of the City Council of the City of Tukwila authorizing the Mayor to provide the Tukwila Pond Park Citizens' Committee a Right of Entry Easement to the Tukwila Pond property. MOVED BY LAWRENCE, SECONDED BY ROBERTSON, TO ADOPT RESOLUTION #1286 AS READ. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY LAWRENCE TO AMEND THE RIGHT OF ENTRY EASEMENT AS FOLLOWS: PAGE 58, 4A, LINE TWO, ADD A COMMA FOLLOWING THE WORD PLANS. DELETE AND, FOLLOWING SPECIFICATIONS ADD: "AND CONSTRUCTION SCHEDULES." MOTION CARRIED WITH EKBERG VOTING NO. PAGE 59, 6B, SECOND LINE FOLLOWING CITY ADD: "COUNCIL." PAGE 59, 6B, FOURTH LINE FOLLOWING CITY ADD: "COUNCIL." PAGE 59, LAST PARAGRAPH, FIRST LINE FOLLOWING CITY ADD: "COUNCIL." MOTION CARRIED. PAGE 60, FIRST PARAGRAPH, LINE FOUR FOLLOWING CITY ADD: "COUNCIL." PAGE 60, PARAGRAPH SEVEN, LINE THREE, SCRATCH THE WORDS ON BEHALF OF THE CITY COUNCIL. AND ADD FOLLOWING DEPARTMENT. "WITH CITY COUNCIL. PARKS AND COMMUNITY AFFAIRS COMMITTEE APPROVAL." MOTION CARRIED. Special Meeting Minutes December 13, 1993 Page 8 Right of Entry Easement (Con't). Authorize Mayor to sign Union Pac. Railroad Agreement. Recess 9:05 9:10 p.m. Ordinance #1682 fixing compensation for Mayor for 1994. PAGE 61, ADD A NEW PARAGRAPH 11: "FINANCIAL INFORMATION. THE COMMITTEE SHALL OBTAIN THE SERVICES OF AN INDEPENDENT. LOCAL CPA FIRM TO HELP CREATE AND THEREAFTER REVIEW THE COMMITTEE'S FINANCIAL ACCOUNTS. THIS CPA FIRM SHALL HAVE ALL RIGHTS TO REVIEW AND REPORT ON THE COMMITTEE'S FINANCIAL ACCOUNTS TO INSURE THAT GOOD ACCOUNTING PRACTICES ARE FOLLOWED AND ALL NECESSARY INFORMATION PURSUANT TO THIS CONTRACT IS PROVIDED IN A TIMELY MANNER TO THE CITY COUNCIL." MOTION CARRIED. PAGE 62, PARAGRAPH 17, LINE FIVE, FOLLOWING CITY, ADD: OR INTENDED TO BE A PERMANENT PART OF THE PARK." MOTION CARRIED. PAGE 64, PARAGRAPH 25, LINE THREE, FOLLOWING THE WORD CONTRACT, ADD: "CONTRARY TO OR NOT INCLUDED IN THE APPROVED DESIGN AND SPECIFICATIONS WITHOUT THE PRIOR WRITTEN APPROVAL OF THE CITY COUNCIL." DELETE: WHICH SHALL NOT BE UNREASONABLY WITHHELD. MOTION CARRIED WITH DUFFIE AND LAWRENCE VOTING NO. PAGE 64, PARAGRAPH 26, LINE SEVEN, FOLLOWING THE WORD CITY, ADD: COUNCIL." MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO ADOPT THE RIGHT OF ENTRY EASEMENT FOR THE TUKWILA POND SITE AS AMENDED. MOTION CARRIED. MOVED BY MULLET, SECONDED BY DUFFIE, TO AUTHORIZE THE MAYOR TO SIGN INTERURBAN TRAIL -UNION PACIFIC RAILROAD TRAIL CROSSING AGREEMENT. MOTION CARRIED. MOVED BY LAWRENCE, SECONDED BY EKBERG, TO TAKE A FIVE MINUTE RECESS. MOTION CARRIED. MOVED BY EKBERG, SECONDED BY ROBERTSON, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Special Meeting Minutes December 13, 1993 Page 9 Compensation for Mayor (Con't) Resolution #1287 granting a wage adj. to non represented employees. J Assist. City Admin. Berry read an ordinance of the City Council of the City of Tukwila, Washington, amending Section 2.08.010 of the Tukwila Municipal Code to fix the compensation of the Mayor; repealing Ordinance 1653; providing for severability and setting an effective date. MOVED BY DUFFIE, SECONDED BY ROBERTSON, TO ADOPT ORDINANCE #1682 AS READ. MOTION CARRIED. MOVED BY EKBERG, SECONDED BY DUFFLE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Assist. City Admin. Berry read a resolution of the City Council of the City of Tukwila, Washington, granting a wage adjustment to non represented employees of the City, and amending the non represented employees salary schedules contained in Appendix "A" of Resolution 1275 and amending non represented employee benefits contained in Appendix "B" of Resolution No. 1236. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO ADOPT RESOLUTION #1287 AS READ.* Councilmember Robertson requested clarification of the changes that had been made on Appendix "B." Viki Witschger, Administrative Services Director, explained that the section on holidays that only referenced the TMC and had not had the opportunity correct it to reflect Martin Luther King, Jr. Birthday. Other than that, it remains the same as 1993. Councilmember Robertson also asked if it's legal for the Mayor to make changes on basic compensation without consulting the Council. The Mayor responded that it's not legal until the Council passes the ordinance. It is however, an administrative policy decision that the Mayor can make once the ordinance is passed. Witschger explained that the Council had already approved (in previous years) the maximum accrual of 384 hours vacation for the non represented; however the Mayor made an administrative decision not to allow the full amount. Instead, he allowed 240 hours. He has reverted to the 384 hours to be consistent with employees working under the Teamsters' agreements. *MOTION CARRIED. 11 Special Meeting Minutes December 13, 1993 Page 10 Ordinance #1683 authorizing the issuance of G.O. Bonds. Ordinance #1684 amending the 1993 Budget. REPORTS MOVED BY LAWRENCE, SECONDED BY HERNANDEZ, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Assist. City Admin. Berry read an ordinance of the City of Tukwila, Washington, relating to contracting indebtedness; authorizing the issuance of limited tax general obligation bonds of the City for general City purposes to provide funds with which to pay a part of the cost of acquiring and construction a community center and replacing Fire Station No. 53 and the financing thereof; authorizing the issuance and sale of bond anticipation notes or temporary loans from available City funds pending the issuance of those bonds; and providing for the establishment of a note redemption fund and a construction fund. MOVED BY LAWRENCE, SECONDED BY HERNANDEZ, TO ADOPT ORDINANCE #1683 AS READ.* Councilmember Robertson asked Doerschel would he issue bonds or short term obligations or make temporary loans from available City funds without going through the Council. Doerschel responded that specific Council action would be necessary prior to any disbursement of funds. *MOTION CARRIED. Mayor Rants reported he had recently attended Suburban Cities' Legislative Night. There were several legislators in attendance. Their main thrust was to maintain the funding for criminal justice. MOVED BY DUFFIE, SECONDED BY EKBERG, TO READ THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Assist. City Admin. Berry read an ordinance of the City of Tukwila, Washington, amending the 1993 Budget adopted by Ordinance No. 1642, to appropriate intergovernmental revenues and transfers; provide expenditures for the Tukwila Pond purchase; establishing the "refund bonds" Fund No. 632 and authorizing certain budget transfers; and establishing an effective date. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO ADOPT ORDINANCE #1684 AS READ. MOTION CARRIED. Special Meeting Minutes December 13, 1993 Page 11 Rrts (Con't) EXECUTIVE SESSION 10:15 P.M. Executive Session Adjourned-- 10:30pm ADJOURNMENT 10:30 P.M. The Mayor announced that he had been appointed to the new Metropolitan King County Council, Transportation Committee. The Committee is made up of six Suburban Cities representatives -three from Seattle City Council and three from King County. He has also been appointed as an alternate to the Puget Sound Regional Council Transportation Policy Board which deals with T.I.B. funding. Councilmember Robertson requested that a moratorium on specific properties as it relates to the Growth Management Act be placed on the next Council agenda. He also requested, as a second agenda item, a temporary change not to exceed six month in duration to the current PRD process. MOVED BY LAWRENCE, SECONDED BY MULLET, TO ADJOURN TO EXECUTIVE SESSION, NOT TO EXCEED ONE HOUR, TO DISCUSS PERSONNEL ISSUES. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY LAWRENCE, TO ADJOURN THE EXECUTIVE SESSION. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY ROBERTSON, TO ADJO i N THE SPE IAL EETING. MOTION CARRIED. 1 (N. Rants, Mayor Celia Square, IT ty City Clerk