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HomeMy WebLinkAbout1976-09-07 Regular MinutesSeptember 7, 1976 REGULAR MEETING 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS AND AWARDS Bid Award Modification of Engine #7 Bid Award Surplus Equipment PUBLIC HEARINGS Correspondence Letter from Mayor Bauch to City Council concerning city hall site selection TUKWILA CITY COUNCIL /6.23 M I N U T E S Tukwila City Hall Council Chambers Mayor Pro Tem George Hill, presiding, led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. Mayor Pro Tem Hill; Steven Hall, Public Works Director; Fred Satterstrom, Department of Community Development and Planning; John Sheets, Police Chief; Hubert Crawley, Fire Chief; Maxine Anderson, City Clerk Pro Tem; and Lawrence Hard, Deputy City Attorney. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 16, 1976 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY GARDNER, THAT THE MINUTES OF THE SPECIAL MEETING OF AUGUST 19, 1976 BE APPROVED AS PUBLISHED. MOTION CARRIED WITH SAUL VOTING NO. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THE BILLS BE ACCEPT- ED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilman Saul noted, as a point of information, that the bills from Pacific Northwest Bell total approximately $1,300. making the phone bills for the year around $15,000. He added that this is a lot of money for telephones. *MOTION CARRIED. Vouchers No. 422 542 Current Fund 422 492 $25,777.50 Street Fund 493 506 4,970.58 *Fed. Shrd. Rev. 4,997.49cr *Land Acq. 507 510 9,119.05 Water Fund 511 522 16,019.79 Sewer Fund 523 542 14,839.85 $65,729.28 Includes adjustment to prior expenditures per attached worksheet of $4,997.49 paid from 199/533.50.63 for Christiansen Rd paving should be expended from 301/533.50.63. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE CITY COUNCIL AWARD THE BID FOR THE MODIFICATION OF ENGINE #7 TO GEO. HEISER BODY CO., INC. IN THE AMOUNT OF $7,109.23. MOTION CARRIED WITH TRAYNOR VOTING NO MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE BID OF $539.00 EACH BE ACCEPTED ON THE TWO 1974 DODGE MONACOS FROM FITZ AUTO PARTS.* Mrs. Elanor McLester, audience, asked if anyone had checked on the low blue book price? She wondered if ads placed in the newspaper in other than the legal notice column would get more response. Saul questioned if another ad should be placed in the paper to see if the City can get a higher bid. Steve Hall, Public Works Director, stated that notices had been sent to seven or eight companies and this was the only response. *MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THE CITY COUNCIL CONCUR WITH STAFF RECOMMENDATIONS ON THE REMAINDER OF THE SURPLUS EQUIPMENT. MOTION CARRIED. Mr. Richard Southworth, Manager of King County Solid Waste Division, who is the speaker on the next item of business is not in attendance at this time. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE NEXT ITEM OF BUSINESS (KING COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN) BE MOVED FURTHER DOWN ON THE AGENDA. MOTION CARRIED. PETITIONS, COMMUNICATION, APPEALS AND SIMILAR MATTERS Mayor Pro Tem Hill read a letter from Mayor Bauch to the City Council concerning grants through the Public Works Employment Act of 1976. He discussed the provisions of the Act and recommended that the Council consider the facts and select the site that the City already has title to. TUKWILA CITY COUNCIL REGULAR MEETING September 7, 1976 Page 2 PETITIONS, COMMUNICATION, APPEALS AND SIMILAR MATTERS Cont. Correspondence Letter from Mayor Bauch to City Council concerning city hall site selection Cont. PUBLIC HEARINGS King County Comprehensive Solid Waste Management Plan Traynor asked if anyone knew what happened to the bill when it went before the Senate. No one knew. Mrs. Bernhard, audience, asked about the requirements and was the City sure they could meet all of them? Mayor Pro Tem Hill reviewed some of the requirements and stated that it is not known, at this time, whether the City can meet them or not. Ms Harris stated that since it seems like a favorable possibility the City should submit an application and see what happens. MOVED BY MS. HARRIS, SECONDED BY SAUL, THAT THE CITY COUNCIL AUTHORIZE THE MAYOR TO PROCEED WITH A GRANT APPLICATION FOR THE PURPOSE OF BUILDING CITY HALL ON THE SOUTHCENTER BOULEVARD SITE. Traynor wanted it clarified that this is just applying for the grant, it is not telling the architect to proceed with design. If the grant is available then the City has 90 days to begin construction. Ms. Harris, referring to a report from the Central Puget Sound Economic Development District, quoted, "These projects should be critically reviewed in terms of "readiness" to proceed with an application and to meet the 90 day on -site labor requirement. Factors which affect "readiness" include necessity for an environmental assessment, receipt of requisite permits, clear title to the property involved, acquisition of right -of way easements, and substantial progress on design and engineering Mayor Pro Tem Hill stated that actually it would be at least 150 days before we would have to start construction because it is going to take at least 60 days to get the grant through and you have 90 days after that. Ms. Pesicka stated that if the grant is approved it could release City monies to purchase addition property at the Southcenter Boule- vard Site. Mrs. Bernhard, audience, asked if this is actually 100% funding on any building the City would choose to build. Van Dusen stated that this is a great big "IF first, if it is signed into law there might be money available for this, then it gets down to eligibility, talks about unemployment, talks about having no money budgeted, then there are three different kinds of grants, and they are not just for city halls. Now, we are being told that if we don't select Site #6 we are going to lose all this money; what money? Ms. Harris noted that Mr. Southworth has arrived. MOVED BY MS. HARRIS, SECONDED BY MS. PESICKA, THAT THE DISCUSSION BE TABLED AND DEFER ACTION ON THE MOTION UNTIL AFTER THE PUBLIC HEARING. MOTION CARRIED WITH VAN DUSEN VOTING NO. Mayor Pro Tem Hill declared the Public Hearing open and introduced Mr. Richard Southworth, Manager of King County Solid Waste Division. Mr. Southworth gave a brief history of their request for the City of Tukwila to pass a resolution approving the joint Comprehensive Solid Waste Management Plan. In 1969 the State of Washington passed the Solid Waste Management Act requiring every County within the State to develop a Comprehensive Solid Waste Management Plan. Each County must do so in cooperation with the incorporated areas within their boundaries. In 1973 the study was placed in a mutual Metro and County effort called the RIBCO Study Process. They are now to the stage of having the plan adopted by the Metro Council and resolutions adopted by every City in the County saying they approve the plan. TUKWILA CITY COUNCIL REGULAR MEETING September 7, 1976 Page 3 PUBLIC HEARINGS King County Comprehensive Solid Waste Mangement Plan Cont. CONTINUATION Letter from Mayor Bauch to City Council concerning city hall selection Cont. 16Q-5 The plan does not impact the City of Tukwila directly as the only solid waste handling facility Tukwila has within its boundaries is the Bow Lake Transfer Station and plans are now being made to re- build this station into a modern facility. The plan indicates that the collection capabilities are extremely sufficient, under the state law, in the hands of the Cities and there are no plans for a regional entity envoking any collection criteria upon municipalities. One goal of the plan is a long term energy recovery system. For- tunately there are a number of landfills that will continue to receive the waste in the intervening period of time. Mr. Don Glockner, Mid Cities /Southgate Disposal, asked what affect this would have on the local haulers and does this promote the City getting into the business? He was informed that it will not change anything at the present time except cost them more at the transfer stations. There being no further discussion, MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE PUBLIC HEARING BE CLOSED. MOTION CARRIED. MOVED BY MS. PESICKA, SECONDED BY SAUL, TO BRING MAYOR BAUCH'S LETTER CONCERNING CITY HALL SITE SELECTION BACK TO THE TABLE FOR DISCUSSION. MOTION CARRIED. Mayor Pro Tem Hill read the proposed motion, that the City Council authorize the Mayor to proceed with a grant application for the purpose of building city hall on the Southcenter Boulevard site. Traynor suggested waiting a day or two and seeing what action the Senate takes. Van Dusen stated that if the Council has made up its mind to go to Site #6 then it is a good motion, but if the Council hasn't then they should vote no. Saul stated that if the City can get even a portion of the money through a grant it is worth looking into. Mrs. Elanor McLester, audience, stated that she understood that the subject of the Desimone property is now before the Planning Commission and that there were petitions presented to the Council asking them not to consider that site; further, that members of the Planning Commission had signed the petitions. She was informed that two members had signed it. Based on this, she felt it might be diffi- cult to get this through the Planning Commission and suggested pro- ceeding with the grant application for Site #6 so that we don't lose the grant completely. Discussion followed on members of the Planning Commission having signed the petitions. Ms. Harris stated that she did not believe that at the time the petitions were being circulated the two members had any idea that the Council would assign this back to the Planning Commission. Saul asked what the City has to lose by applying for this grant? Traynor stated that he is not against changing his mind on the site but he wants to wait and see that the Senate passes the bill before he does. As soon as the Senate does, than the Council should call a Special Meeting and proceed. Ms. Harris reminded the Council that the City has received grants before for utilities and these have been a great benefit. The longer the Council delays their decision, the more money it is cost- ing the taxpayers. She believes that there is an obligation to the people to apply for these funds. *ROLL CALL VOTE: 4 NOS HILL, MS. PESICKA, TRAYNOR, VAN DUSEN. 3 AYES GARDNER, MS. HARRIS, SAUL. MOTION FAILED. Mayor Pro Tem Hill requested that this item be placed on the Agenda for The Committee of the Whole Meeting of September 13, 1976. TUKWILA CITY COUNCIL REGULAR MEETING September 7, 1976 Page 4 RECESS 8:25 P.M. 8:30 P.M. Final Acceptance of LID #25 Steve Hall, Public Works Director read his letter to Mayor Bauch con- cerning the final acceptance of LID #25. OLD BUSINESS Discussion of Fire Department withdrawal from Social Security /6 ,26 MOVED BY SAUL, SECONDED BY MS. HARRIS, THAT THE COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Pro Tem Hill called the meeting back to order with the Council members present as previously noted. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE CITY COUNCIL ACCEPT LOCAL IMPROVEMENT DISTRICT #25. Gardner asked if it will be too late after we go to court to add the cost of the right -of -way to the LID. Mr. Hall stated that it would be added to the cost but has nothing to do with the acceptance. *MOTION CARRIED WITH MS. HARRIS VOTING NO. Traynor reminded the City Council that there was a motion already on the floor from the August 2, 1976, meeting and asked if the Fire Fighters had voted whether or not to withdraw from Social Security. Sam Ruljancich, Fire Fighter, stated that they had not. Traynor stated that Social Security should be weighed on its merits, if it is not good, then they should get out, if it is good, they should stay in. Apparently the Fire Fighters are waiting for the Council to decide for them, and he thinks the Fire Fighters should decide first. Reed Johanson, audience, stated that if the system isn't good, then maybe it needs to be changed and the change is not at the Council level, but at the Federal level. The entire structure of Social Security is dependent on people following in the program. He stated that he is very reluctant to see any group not participate. Sam Ruljancich, Fire Fighter, explained the background on the Fire Fighter's request and reviewed information that had been discussed at previous meetings. Ms. Pesicka stated that she feels the next move is up to the Fire Fighters. MOVED BY SAUL, SECONDED BY MS. HARRIS, THAT THE MOTION MADE AT THE AUGUST 2, 1976, MEETING BE BROUGHT BACK TO THE TABLE. MOTION CARRIED. The motion is "that if the Fire Fighters determine not to take part in Social Security, the City's matching funds will stay in the general fund." Traynor stated that he still feels it is a good motion. The Fire Fighters should decide whether Social Security is good for them or not, based on the merit of Social Security and not based on what the City is going to do with the matching funds. Ms. Harris stated that before a vote is taken, the Council needs to review the legal opinion of Deputy City Attorney Hard. The letter states, "After reviewing the pertinent authorities in the area, we have concluded that the City is in all probability obligated to continue making contributions to an annuity program. We would like to emphasize that this issue cannot be resolved with 100% certainty, due to the somewhat unique facts of this case. However, the authorities and cases do indicate that at the very least the City must negotiate the matter and cannot unilaterally refuse to make contributions to a pension program." TUKWILA CITY COUNCIL REGULAR MEETING September 7, 1976 Page 5 OLD BUSINESS Cont. Discussion of Fire Department withdrawal from Social Security Cont. NEW BUSINESS Community Development Plan Request for Public Hearing SECOND READING OF ORDINANCES Ordinance #987 Providing for the acquisition of property known as Foster Golf Course Ordinance #988 Providing for the transfer of cash FIRST READING OF ORDINANCES Ordinance #989 Adopting Title 9A RCW 1 6x7 Van Dusen further refers to the attorney's letter, "The general rule is that once an employer has a union with which it has a bargaining agreement, any existing employee benefit plan automatically becomes a part of the labor contract whether specifically mentioned in the contract or not. Thus, it makes no difference that the current agreement does not mention any pension or retirement plan. No innovation or change can be made in an existing plan and no new plan can be established without becoming a part of the labor contract." Van Dusen stated that this backs up a point he was trying to make at the Special Meeting that this whole thing should be negotiated as part of the labor contract. Mayor Pro Tem Hill stated that he feels it is up to the Fire Fighters to decide whether Social Security is what they want or do not want. Then, after that the Council will decide what they are going to do with the money. He stated that he still feels it is a negotiable item. ROLL CALL VOTE: 4 AYES HILL, SAUL, TRAYNOR, VAN DUSEN. 3 NOS GARDNER, MS. HARRIS, MS. PESICKA. MOTION CARRIED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE CITY COUNCIL SCHEDULE A PUBLIC HEARING FOR SEPTEMBER 20, 1976, TO REVIEW THE COMMUNITY DEVELOPMENT PLAN AND PROGRAM 1975 1977. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an Ordinance of the City of Tukwila, Washington, providing for the acquisition of real property within the City consisting of approximately 73 acres, including the 18 -hole golf course known as the "Foster Golf Course," together with the clubhouse and buildings thereon; declaring the estimated cost thereof as nearly as may be; providing for the borrowing of a total of $1,850,000.00 and issuing and selling negotiable general obligation bonds to pay a part of the cost thereof, such bonds to be payable by annual tax levies to be made without limitation as to rate or amount; declaring an emergency; and providing for the submission of the proposition of incurring such indebtedness and issuing such bonds to the qualified voters of the City at an election to be held on November 2, 1976, in conjunction with the State general election to be held on the same date. MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, THAT ORDINANCE NO. 987 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ FOR ADOPTION BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an Ordinance providing for the transfer of cash from the Fire Fighting Equipment Fund and Fire Station Construction Fund to the Current Fund. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ORDINANCE NO. 988 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Deputy City Attorney Hard read an ordinance of the City of Tukwila adopting by reference certain sections of title 9A RCW which reclassifies and redefines criminal offenses in the state of Washington and repealing sections 8.04.040, 8.04.060 and 8.04.070 of the Tukwila Municipal Code. TUKWILA CITY COUNCIL REGULAR MEETING September 7, 1976 Page 6 FIRST READING OF ORDINANCES Cont. Ordinance #989 Adopting Title 9A RCW Cont. Proposed Ordinance Providing for the transfer of Funds Revenue from Gambling Excise Taxes RESOLUTIONS Resolution #553 Intention to adopt the Optional Municipal Code Resolution #554 Setting an election, proposal for issuance of G.O. Bonds to acquire Foster Golf Course. /6 02 '3 Mayor Pro Tem Hill explained that this ordinance makes the local laws enforceable so that they can be prosecuted in our own court. This means the court calendar will be fuller and the Attorney fees higher. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE RULES FOR SECOND READING BE SUSPENDED AND ORDINANCE NO. 989 BE ADOPTED AS READ. ROLL CALL VOTE: 4 AYES HILL, MS. PESICKA, TRAYNOR, VAN DUSEN. 3 NOS GARDNER, MS. HARRIS, SAUL. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THE PROPOSED ORDI- NANCE BE READ. MOTION CARRIED. Deputy City Attorney Hard read an ordinance providing for the trans- fer of funds to comply with RCW 9.46.113 requiring that revenues from gambling excise taxes be used primarily for the enforcement of state gambling laws and amending Budget Ordinance #957. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THE PROPOSED RESO- LUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a resolution of intention to change the classification of the City of Tukwila to that of non charter code city. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT RESOLUTION NO. 553 BE ADOPTED AS READ. Reed Johanson, audience, asked what the Council hopes to gain by going to the O.M.C. Traynor stated that it will give the City a little more latitude and home rule. Mr. Johanson noted that it was presented to the citizens fours years ago and was turned down. Pesicka stated more has been learned about it since then. Mr. Johanson again stated he does not understand what the Council hopes to gain. Hill explained that under the O.M.C., unless it is specifically restricted by state law you can do it. Ms. Harris stated that Third Class Cities are protected by the state laws. The selling point of O.M.C. is anything that is not prohibited by the state constitution the City can do. Ms. Harris further stated that this is a major change in the form of government and she feels the populous should have a chance to vote on it. Also, she stated that this Council has not put enough time in on studying what the Optional Municipal Code is. Saul stated that he asked Mr. Lamb of the Association of Washington Cities if the O.M.C. gives the Mayor or the Council more power and he said no. MOTION CARRIED WITH MS. HARRIS AND GARDNER VOTING NO. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution setting an election to be held November 2, 1976, submitting to the voters of Tukwila a proposal for the issuance of General Obligation Bonds in an amount not to exceed $1,850,000.00, the proceeds of which shall be used to acquire the Foster Golf Course property for recreational purposes. TUKWILA CITY COUNCIL REGULAR MEETING September 7, 1976 Page 7 RESOLUTIONS Cont. Resolution #554 Setting an election proposal for issuance of G.O. Bonds Cont. Proposed Reso- lution Approving a Joint Comprehensive Solid Waste Management Plan DEPARTMENT REPORTS Mayor's Report Public Works Department Report Attorney's Report Audience Comments EXECUTIVE SESSION 10:20 P.M. ADJOURNMENT 10:45 P.M. 6 .2 9 MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION NO. 554 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a Resolution of the City of Tukwila approving a joint comprehensive solid waste management Plan authorizing an interlocal agreement with King County. Mayor Pro Tem Hill read a letter from Mayor Bauch announcing the appointment of Mr. John McFarland as Administrative Assistant to the Mayor. Mr. McFarland will start work September 20, 1976 for $1,150 per month. Steve Hall, Public Works Director, gave a report on the current status of work being completed within the City. Deputy City Attorney Hard gave a brief report on the current status of the legal problems. He noted that they have spent a great deal of time working on the agreement with TelePrompTer and hope to com- plete it as soon as the Mayor returns. Mr. Hard noted a complaint lodged against the City by Shirlee Kinney, former City Clerk and suggested an Executive Session so he could give details to the Council. COUNCIL AGREED TO GO INTO EXECUTIVE SESSION. Mr. Frank Todd, audience, requested time on the Agenda for the Committee of the Whole Meeting of September 13, 1976 to discuss a letter he had received from Kjell Stoknes, Director O.C.D., con- cerning use of land in the R -3 zone. Council agreed to the request. Anna Bernhard, audience, asked if anyone knew whether the Golf Course proposal will be on the machine or by paper ballot? Mayor Pro Tem Hill instructed the Clerk to call the Election Department and see if this information is available. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE COUNCIL GO INTO EXE- CUTIVE SESSION. MOTION CARRIED. Attending the session were: TRAYNOR, HILL SAUL, MS. PESICKA, VAN DUSEN, MS. HARRIS. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT THE EXECUTIVE SESSION CLOSE. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. George'Hi'fl, Mayor` Pro Tem is ne Anderson, City Clerk Pro Tem