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HomeMy WebLinkAbout1996-12-09 Special MinutesTUKWILA CITY COUNCIL December 9, 1996 Tukwila City Hall 7:00 p.m. Council Chambers CALL TO ORDER ROLL CALL Councilmembers excused OFFICIALS CITIZEN'S COMMENTS CONSENT AGENDA SPECIAL MEETING MINUTES Mayor Rants called the Special Meeting to order and led the audience in the Pledge of Allegiance. JOE DUFFIE; JOAN HERNANDEZ; PAM CARTER, Council President; JIM HAGGERTON; PAM LINDER. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, TO EXCUSE COUNCILMEMBERS EKBERG AND MULLET. MOTION CARRIED. JOHN MCFARLAND, City Administrator; LUCY LAUTERBACH, Council Analyst; ROSS EARNST, Public Works Director; DOUG MICHEAU, Public Works Coordinator; VIKI WITSCHGER, Administrative Services Director. Ellen C. Gengler, President, Foster Community Club, 13727 Macadam Road South, commented that this year the Club will be devoting its members and resources to assisting the effort on Hwy 99. They started this mission at their last meeting when they joined with the Citizens' Patrol and Councilmember Allan Ekberg and walked to the Community Resource Center. Assistant Police Chief Keith Haines gave them a complete tour of the Center. Gengler informed the Council that this year the Club will hold its Christmas Party at the Tukwila Community Center. The festivities will start at 7:00 p.m. on December 18. She extended a personal invitation to the Council and Mayor to join them. She added that donations will be taken at the party for a family the club has adopted. a. Authorize Mayor to accept five East Marginal Way Rights of -way dedications. b. Authorize Mayor to sign a contract with Perteet Engineering in the amount of $50,000 for the 42nd Ave. S. Phase II PS &E. c. Authorize Mayor to sign a personal services contract with Ryan R. Partee in the mount of $31,000 for fisheries work and environmental studies. M i Special Meeting Minutes December 9, 1996 Page 2 Consent Agenda (Cont'd) Councilmember arrival NEW BUSINESS Ord. #1786 banning the sale of fireworks in Tukwila MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED 5 -0 (Ekberg, Mullet absent). Councilmember Ekberg arrived to the meeting at 7:45 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Bob Noe read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, BANNING THE SALE OF FIREWORKS IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AND EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT ORDINANCE NO. 1786 BE ADOPTED AS READ.* Councilmember Haggerton commented that this ordinance had been discussed at length in the Finance and Safety Committee prior to and following the November election and that the Committee's recommendation is to pass the ordinance. Lucy Lauterbach, Council Analyst, explained that the Advisory Ballot banning fireworks passed by 51 percentage votes. She called attention to one change that had been made in the ordinance, i.e. the Fire Marshal is now allowed to enforce the ordinance. Councilmembers Haggerton and Duffie agreed that it makes sense to allow the Fire Marshall this responsibility. This will curtail any undue hardship on our Police Department. Council President Carter explained that normally this issue would have gone before the Committee of The Whole first; however, a Special Meeting was called to try and cover as much Council business as possible prior to the end of the year. Carter stated that she concurs with the ban, and that it makes sense that if a ban on the sale of fireworks is established, the discharge of fireworks will lessen automatically. Special Meeting Minutes December 9, 1996 Page 3 Ord. banning sale of in Tukwila (Cont'd) Ord. #1787 banning discharge of fireworks in Tukwila Councilmember Hernandez inquired as to the impact the ban on the sale of fireworks would have on Tukwila businesses. Mayor Rants responded that he was not aware of any manufacturer of fireworks being located in Tukwila. Hernandez stated that this was the way to go; and that it was nice to have confirmation by the public. She then voted in favor of banning the sale of fireworks in the City. *MOTION CARRIED 6 -0 (Mullet absent). MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Noe read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, BANNING THE DISCHARGE OF FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY OF TUKWILA AND REPEALING ORDINANCE NO. 1708. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT ORDINANCE #1787 BE ADOPTED AS READ.* Councilmember Haggerton explained that the Committee had discussed this issue at length and is now recommending adoption. Councilmembers agreed that the citizens have spoken and that it is only fitting that the Council concurs with its constituents. Council President Carter read a letter she had received from Cathy Gillispie. The letter, in part, stated: "Why should families like mine be forced to leave our homes on the Fourth of July? We have had a Fourth of July party at our home in Tukwila for 13 years. We haven't caused any trouble and there haven't been injuries or fire. .I'm willing to work together, we can't lose our rights and we shouldn't be forced out of homes. The American way is to enjoy home ownership. Ownership without unneeded or wanted restrictions. Please consider this to be as important as my family and I do. Remember, children can't vote and they are the ones we're hurting the most." Special Meeting Minutes December 9, 1996 Page 4 Ord. banning discharge of fireworks in Tukwila (Cont'd) Accept as complete Foster Golf Links Tees 3,5,9, &10 Council President Carter commented that she is still torn as to how to vote on this issue. It is a clear majority that has voted for the ban. However, she is very distressed that it is the irresponsible and illegal actions of adults that have led us to this point. Councilmember Ekberg stated that he's not completely contented with the ban, but understands the majorities' sentiment and will vote in favor of the ban. Councilmember Linder said it would have been hard for her to decide on her own for a ban, but when she saw what the election returns were, it made her decision very easy. Mayor Rants commented that it is the elected officials' duty to adhere to the majority vote -in his opinion, it's criteria for elected officials. Duffie inquired as to the effective date of the ordinances. Mayor Rants responded that every step will be taken to notify all Tukwila residents appropriately of the following: that the ban on the sale of fireworks shall take effect and be in full force one year after passage and Publication of the ordinance; and, that the ban on the discharge of fireworks shall take effect and be in full force five days after passage and publication of this ordinance. *MOTION CARRIED 6 -0 (Mullet absent). MOVED BY HERNANDEZ, SECONDED BY DUFFIE, TO ACCEPT AS COMPLETE FOSTER GOLF LINKS TEES 3, 6, 9, AND 10 PROJECT WITH T.F. SAHLI; AND AUTHORIZE RELEASE OF RETAINAGE.* Councilmember Haggerton inquired as to why there was an additional cost added to this project in the amount of $25,476.03. Ross Earnst, Public Works Director, explained that the $25,476.03 was for taking out and replacing the irrigation system on the four tees, which cost about $4,000 each and was not included in the plans for the project. There was also around $9,500 worth of additional asphalt for widening the cart paths. He said the extra charges still allowed this project to stay within the originally budgeted amount. Special Meeting Minutes December 9, 1996 Page 5 Accept as complete Foster Golf Links Tees (Cont'd) Accept as complete the Green/ Duwamish River Trail Authorize Mayor to sign consultant contract w/Bruce Dees *MOTION CARRIED 6 -0 (Mullet absent). MOVED BY HERNANDEZ, SECONDED BY CARTER, TO ACCEPT AS COMPLETE THE GREEN/DUWAMISH RIVER TRAIL PROJECT WITH TYDICO, INC. FOR THE FINAL PROJECT COST OF $372,325.84, AND AUTHORIZE RELEASE OF RETAINAGE. MOTION CARRIED 6 -0 (Mullet absent). Mayor Rants explained that the contract serves two separate but related projects. Primarily it consists of preparing design guidelines and standards for shoreline development and identifying potential sites for habitat protection or restoration. This will provide a piece of the puzzle necessary to complete the Shoreline Master Program (SMP). To create the new SMP, we will blend these guidelines and standards with the shoreline policies of the Comprehensive Plan and the draft SMP that was prepared in 1993 by the Tukwila Tomorrow Committee. Bruce Dees Associates is a Landscape Architecture/Urban Design firm that will lead the project. About half of the $41,564 contract is being funded through a grant from the State Department of Community, Trade and Economic Development, the other half budgeted within the Department of Community Development. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, TO AUTHORIZE THE MAYOR TO SIGN THE CONSULTANT CONTRACT WITH BRUCE DEES AND ASSOCIATES IN THE AMOUNT OF $41,564.00 FOR PREPARATION OF DESIGN GUIDELINES AND STANDARDS FOR SHORELINE DEVELOPMENT.* Council President Carter requested clarification of the acronym DCTED. City Administrator McFarland responded that DCTED stands for the Department of Community, Trade and Economic Development, a state level department. Special Meeting Minutes December 9, 1996 Page 6 Authorize Mayor to sign consultant contract w/ Bruce Dees (Cont'd) REPORTS AD.IOURN TO EXECUTIVE SESSION 7:56 P.M. Carter called attention to a section of the agreement that addressed a joint City Council/Planning Commission meeting, and emphasized the importance of following through with this objective in order for all those concerned to stay on course. *MOTION CARRIED 6 -0 (Mullet absent). Mayor Rants reported that he had attended Foster High School's concert on yesterday and it was superb. Councilmember Hernandez reported she had attended the Parks Recreation dinner this past Wednesday. She also attended the Equity and Diversity Commission of Tukwila Committee meeting (formerly Equity Task Force) on Thursday. She stated that they had gone before the School Board and have now approved their mission statement. Hernandez requested Council approval to bring a resolution of confirmation forward to the next Regular Council meeting for adoption. The Council agreed to forward this issue to the next Regular Council for discussion. Council President Carter reported that she had attended a planning meeting by the Leadership Group for the Community Summit. She said the grant that the City applied for, written by Evelyn Boykan, was approved to hire someone to work on volunteer opportunities in the Tukwila Community. Carter announced an upcoming meeting of ACC to be held at the Highline Administration Building Wednesday, December 18 at 8:00 a.m. Perry Rosen will be present to give an update on litigation status. City Attorney Bob Noe reported that a written agreement had been signed by Mr. Kim stipulating specific areas of concerns that he must adhere to in order to ward off further abatement proceedings as they relate to the Suncrest Apartment. MOVED BY DUFFIE, SECONDED BY HAGGERTON, TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS A PERSONNEL ISSUE FOR APPROXIMATELY 20 MINUTES. MOTION CARRIED. (2-2)P-1 Special Meeting Minutes December 9, 1996 Page 7 ADJOURNMENT 8:20 P.M. MOVED BY DUFFIE, SECONDED BY CARTER, TO ADJOURN THE MEETING. MOTION CARRIED. John. Rants, Mayor Celia Square, Deputy City Clerk