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HomeMy WebLinkAbout1988-04-18 Regular MinutesApril 18, 1988 7:00 P.M. CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS APPOINTMENTS AND PROCLAMATIONS Proclamation, Career Day Appointment of Ron Waldner, Police Chief TUKWILA CITY COUNCIL Regular Meeting M I N U T E S CO V Tukwila City Hall Council Chambers Mayor Van Dusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE H. DUFFIE; MABEL HARRIS, Council President; MARILYN STOKNES; JOAN HERNANDEZ; DENNIS ROBERTSON: and CLARENCE MORIWAKI. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT COUNCILMEMBER BAUCH BE EXCUSED FROM THE MEETING. MOTION CARRIED. JOHN COLGROVE, City Attorney; LARRY HARD, City Attorney; MAXINE ANDERSON, City Clerk; DON MORRISON, City Administra- tor; STEVE ROBINSON, Assistant Police Chief; DON PERSSON, Acting Police Chief; BYRON SNEVA, Public Works Director. Mayor Van Dusen read a proclamation declaring Tuesday April 19, 1988 as Career Day in the City, acknowledging the importance of public service careers and urging all citizens of Tukwila to recognize the important contributions of public servants to the health, welfare, safety and quality of life in the greater Tukwila community. Mayor Van Dusen commented that after several months of research and review of applicants to fill the position of Police Chief, the decision has been made. He asked Council to concur with his appointment of Ron Waldner to that posi- tion. He is confident that Mr. Waldner will meet any expec- tations the City Council may have. Councilmember Duffie asked Mr. Waldner to give a brief out- line of his career. Mr. Waldner responded that he has been with the City of Kennewick for 22 years and continued to tell about his family and work experience. He was asked about minority recruiting and said he feels strongly that the De- partment should be representative of the community it serves. He would work closely with the Civil Service Commission and would like to see some type of an outreach program in the community that would encourage minority representation. Councilmember Moriwaki asked Mr. Waldner how he felt about a residency requirement. He agreed that response time is important to him and he has no intention of being far away. Councilmember Hernandez asked what expertise he brings to the City. Mr. Waldner replied 1) 22 years of experience at all levels of police work, and 2) the ability to deal with peo- ple; getting people to accomplish their tasks because they agree they need to be done, they feel good about doing them and they like to work for the team. Council President Harris asked Mr. Waldner why he wants to be the Police Chief in Tukwila. Mr. Waldner said the opportun- ity is there today. He likes the size; it is a small town with a big challenge. MOVED BY HARRIS, SECONDED BY HERNANDEZ, THAT THE COUNCIL CONCUR WITH THE MAYOR'S RECOMMENDATION FOR THE POSITION OF POLICE CHIEF AND APPOINT RON WALDNER TO FILL THE VACANCY. TUKWILA CITY COUNCIL, REGULAR MEETING April 18, 1988 Page 2 APPOINTMENTS AND PROCLAMATIONS (continued) Visitors Introduced Oath of Office Appointment, Becky Reid to Park Board Reappointment, Jerry Knudson and Jerry Hamilton to the Planning Commission AMEND AGENDA Councilmember Duffle expressed an uneasy feeling about this appointment. MOTION CARRIED, WITH DUFFIE VOTING NO. Mayor Van Dusen introduced Mayor Jim Horn from the City of Mercer Island. Mayor Horn said they are remodeling a build- ing and want to see how the design of Tukwila's Council Chambers works out. He introduced the party touring with him. Mayor Van Dusen issued the oath of office to Ron Waldner, Police Chief. He introduced Don Persson, Interim Police Chief, who has been on loan from the City of Renton for several months. He pre- sented Mr. Persson with a plaque of appreciation. MOVED BY MORIWAKI, SECONDED BY HARRIS, THAT COUNCIL CONCUR WITH THE MAYOR'S APPOINTMENT OF BECKY REID TO POSITION #3 ON THE PARK COMMISSION. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT COUNCIL CONCUR WITH THE MAYOR'S RECOMMENDATION AND REAPPOINT JERRY KNUDSON TO POSITION #2 AND JERRY HAMILTON TO POSITION #1 ON THE PLANNING COMMISSION. The Council questioned Mr. Knudson concerning his philosophy on planning, open space, and projects that come before the Commission. Councilmember Robertson asked Mr. Knudson why he wants to be on the Planning Commission. He explained that six years ago when he joined the Commission he didn't under- stand what the Planning Commission was all about. In that six years it became obvious that there were some goals that the City was trying to achieve. He lives in the City and wants to give something back to the City. He would like to follow along with the annexations; there are some real chal- lenges and will be a lot of work. On the question of open space, he commented that the City needs to provide recreation facilities for residents; we also need to look at funding for maintenance. The Planning Commission we have now is tough but willing to look at what is in today's market; they are willing to listen to the people. They may not always agree with City staff. The Comprehensive Plan is not cast in con- crete and we need to be flexible. The Planning Commission is working very hard to make Tukwila a good place in which to live and do business. Councilmember Robertson suggested that the Council and Plan- ning Commission hold a joint meeting at one of the Committee of the Whole meetings to discuss problems, what is happening, and where the City is going. The Council commented that they would like to talk to Mr. Jerry Hamilton before approving his reappointment. MOVED BY ROBERTSON, SECONDED BY MORIWAKI, THAT THE MOTION BE AMENDED TO WITHDRAW THE REAPPOINTMENT OF JERRY HAMILTON. MOTION CARRIED. MOTION CARRIED. Mayor Van Dusen asked the Council to amend the agenda to hear Item 8.c. and then go into Executive Session to discuss the purchase of property for no longer than 30 minutes. TUKWILA CITY COUNCIL, REGULAR MEETING April 18, 1988 Page 3 Ordinance #1456, authorizing acquisition by negotiation or condemnation of a storm drain/ overflow easement and a temporary haul road ease- ment for the North Hill Reservoir and Pump Station MOVED BY DUFFIE, SECONDED BY STOKNES, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove noted some minor changes made in the ordinance, then he read, "An ordinance, adopted by emergency, authorizing the acquisition by negotiation or condemnation of a permanent storm drain /overflow easement and of a temporary haul road easement on property described below, as described below, to be used for the purposed of and in connection with construction (temporary easement) and operation (permanent easement) of the North Hill Reservoir and Pump Station." MOVED BY DUFFIE, SECONDED BY STOKNES, THAT ORDINANCE NO. 1456 BE ADOPTED AS READ. Ross Earnst, City Engineer, explained that this project was started in the design stage in 1985. It was decided, at that time, to remove the excavated material through two neighbor- ing properties and down South 150th Street to Macadam Road. Since then, they have been working on obtaining the easements from the private property owners. The excavation portion of the project has been advertised and the bids have been re- ceived but there has been no award, awaiting the signing of the easements. The City Attorney has been negotiating the signing of the easements. As a result, at this point the City is asking for condemnation of the property as shown in the ordinance. Attorney hard explained that this ordinance condemns only the Sweeney property. The City is still in negotiations with the Bergstroms. John Colgrove, attorney, explained that they are having dif- ficulty relating to the total time it will take to complete this project. Through the Bergstrom's son Mike, they have essentially arrived at a basic time frame, but have not been able to do the same with the Sweeneys. The Sweeneys' attor- ney agrees that any further negotiations need to be done through a condemnation action pending. Time is going to run out if we don't proceed. If the ordinance is passed, it could easily be two months before the City has the easements. The City has asked that the Bergstrom easement be signed now so that the Council does not have to start a condemnation on their property, but to agree that the time period provided in the agreement not start to run until the City has the Sweeney easements. Mr. and Mrs. Bergstrom are adamant that the time period go into effect on the day they sign it. This could cause a time problem at the end of the project. Mr. Colgrove recommended that if an agreement can't be reached on the time frame period, then another condemnation ordinance should be drafted for the Bergstrom property. Mayor Van Dusen said this is complicated and not the most desirable way to handle this. This is difficult; we need the reservoir and pump station. If we don't get this project going, we are going to run out of another construction season. Mr. Earnst explained that the haul road will be used for access to put in a drain line and used to haul excavated materials out and equipment in. It is estimated that it will take 6,000 truck trips to haul the material out. It is a two million gallon hole. The only other access to this property is along 57th through the residential area. This is not the desirable way to go. The drain line still has to go to the west. 00 4‘, TUKWILA CITY COUNCIL, REGULAR MEETING April 18, 1988 Page 4 EXECUTIVE SESSION MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE COUNCIL GO INTO 9:03 10:00 p.m. EXECUTIVE SESSION AND INCLUDE DISCUSSION ON NEGOTIATIONS WITH THE TWO PROPERTY OWNERS. MOTION CARRIED. CONSENT AGENDA Ordinance PiS7 Resolution /0 7S! c. A resolution of the City of Tukwila authorizing the Mayor to designate a representative and alternate to serve on the Water Purveyor's Committee. Ordinance /1/4 PUBLIC HEARING Vacation of portion of South 141st Street right -of -way, lying east of paved surface of 56th Place S. NEW BUSINESS Mayor Van Dusen called the Regular Meeting back to order with Council members present as previously reported. MOTION CARRIED. a. Approval of Vouchers Current Fund (000) 66,112.09 City Street (103) 148,155.48 Arterial Street (104) 72,136.54 Fire Equip. Cum. Rsrv. (107) 270.25 Land Acq., Bldg., Dev. (301) 6,150.00 Facility Replacement (302) -0- Water Fund (401) 21,288.72 Sewer Fund (402) 53,938.72 Water /Sewer Construc. (403) 9,473.49 Foster Golf Course (411) 18,881.02 Equipment Rental (501) 25,903.87 Firemen's Pension (611) 1,110.00 b. An ordinance of the City of Tukwila to provide unantici- pated L.I.D. Bond proceeds and necessary expenditures from the Water /Sewer Construction Fund, and provide interim funding for Sewer L.I.D. No. 32. d. Authorize the Mayor to execute an agreement with METRO to extend the contract period from 2016 to 2036. e. Approve the Scope of Work for the Surface Water Manage- ment Study. f. An ordinance of the City of Tukwila, amending Sec. 12.08 of the TMC by adding a new Section 12.08.095, allowing for closure of any City Park or Trail. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. Councilmember Moriwaki removed Item 6.e., Scope of Work for the Surface Water Management Study. MOTION CARRIED. Mr. Earnst explained that this vacation is part of the 56th Place and 56th Avenue South residential street project. Mayor Van Dusen declared the Public Hearing open on the vacation of a portion of South 141st Street right -of -way lying east of existing paved surface of 56th Place South. There were no comments; Mayor Van Dusen closed the Public Hearing. Ordinance #1459, MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED ORDIN- vacating portion ANCE BE READ BY TITLE ONLY. MOTION CARRIED. of S. 141st St. oc 7 TUKWILA CITY COUNCIL, REGULAR MEETING April 18, 1988 Page 5 NEW BUSINESS (continued) Design and con- struct intertie with W.D. #25 and transfer funds Determine length of a "session" for the Council Attorney Colgrove read, "An Ordinance of the City of Tukwila, Washington, vacating a certain public right -of -way within the City of Tukwila generally described as a portion of the South 141st Street right -of -way lying east of the existing paved surface of 56th Place South." MOVED BY DUFFIE, SECONDED BY HARRIS, THAT ORDINANCE NO. 1459 BE ADOPTED AS READ. MOTION CARRIED. This budget transfer will allow the Engineering Division to contract with a firm to design an intertie vault to allow connection to the Water District #25 system. It will provide water to them and they agree to reimburse the City the cost of this. The City will be the lead agency. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT BUDGET TRANSFER MOTION N0. 88 -03 IN THE AMOUNT OF $10,000 BE APPROVED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY STOKNES, THAT THE MAYOR BE AUTHORIZED TO EXECUTE AN AGREEMENT TO PROVIDE WATER SERVICE TO WATER DISTRICT NO. 25. MOTION CARRIED. The TMC requires the affirmative vote of four Council members to pass an ordinance. The State statute does not allow the Mayor to vote in a tie breaking capacity on any ordinance. A three /three vote on an ordinance causes a motion to fail and the three Council members voting against the motion are on the prevailing side. A motion which has failed may be brought back for reconsideration. There is some difficulty in determining the procedure that should be used in bringing the matter back before the Council. Robert's Rules provide that during a single session of a legislative body, a motion to reconsider must be brought by a person voting on the prevailing side and then only on the same day or the next succeeding day of the session. Robert's Rules also provide that once a legislative session has ended, any member of the body can bring the motion back before the Council during the next session. To resolve an immediate problem (ordinance on building heights), the Attorney recommends that the Mayor make an initial determination as to the length of a session. They suggest either that a session consist of the meetings held in one month or in one year. Any Council member then, by motion, could challenge that determination. Mayor Van Dusen ruled that a session is every month starting at the first because that is the business cycle for the City. Councilmember Moriwaki challenged the ruling; technically a session could be every meeting. This needs a lot more dis- cussion. Councilmember Hernandez commented that her interpretation is one year, because the Council President is elected annually and the budget is prepared annually. Council President Harris said one month is reasonable, based on Council procedures. Lucy Lauterbach, Legislative Analyst, noted that most city councils either have their weekly meetings constitute a ses- sion or they have not determined the length of a session. Councilmember Robertson suggested this be postponed for two weeks so more research can be done. oo ,8 TUKWILA CITY COUNCIL April 18, 1988 Page 6 NEW BUSINESS (continued) MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT THE ISSUE OF A SESSION BE TABLED FOR TWO WEEKS. MOTION CARRIED. Ordinance #1460, MOVED BY HERNANDEZ, SECONDED BY DUFFIE, THAT THE PROPOSED where more than ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. one towing firm is owned by a Attorney Hard read, "An ordinance of the City of Tukwila, single individual, Washington, amending Section 2 of Ordinance No. 1358 to pro such firm shall vide that, where more than one towing firm is owned by a be treated as single individual, such firm shall be treated as a single a single firm firm for purposes of rotating police requests for towing assistance. (from Consent Agenda) Scope of Work for the Surface Water Management Study Black River Quarry mass burn site ADJOURNMENT 10:56 p.m. (C/RM.4- 18.1 -3) MOVED BY HERNANDEZ, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1460 BE ADOPTED AS READ. MOTION CARRIED. Councilmember Moriwaki had this item pulled from the Consent Agenda so the Council could see a slide presentation put on by Byron Sneva, Public Works Director. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE COUNCIL APPROVE THE SCOPE OF WORK FOR THE SURFACE WATER MANAGEMENT STUDY. MOTION CARRIED. Councilmember Robertson talked with City staff who suggested that the Black River Quarry Coalition could use help from a graduate student. He is concerned that this site is very likely to be picked as a solid waste disposal site. With additional help, they could start preparing arguments in advance. Mayor Van Dusen noted that one staff member is working full -time on this. Councilmember Robertson asked for a report on how the Admin- istration is dealing with this matter. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Ga L. Van Dusen, Mayor Ma ine Anderson, City Clerk oozy'