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HomeMy WebLinkAbout1985-06-10 Committee of the Whole MinutesJune 10, 1985 7:00 P.M. CALL TO ORDER AND PLEDGE OF ALLEGIANCE ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE REPORTS Mayor Staff PUBLIC HEARINGS Portion of S. 152nd St. traversing tracts 37 and 38, Brookvale Garden Tracts (Hampton Hts. Assoc. Graydon Smith). TUKWILA CITY COUNCIL City Hall COMMITTEE OF THE WHOLE MEETING Council Chambers M I N U T E S Council President Bauch called the Tukwila City Council Committee of the Whole Meeting to order and led the Council and audience in the Pledge of Allegiance. L. C. BOHRER, MABEL J. HARRIS, DORIS E. PHELPS, EDGAR D. BAUCH (COUNCIL PRESIDENT), WENDY A. MORGAN, CHARLES E. SIMPSON. Mayor Gary L. Van Dusen, Maxine Anderson (City Clerk), Alan Doerschel (Finance Director), Ross Earnst (City Engineer), Jim Haney (City Attorney), Lucy Lauterbach (Legislative Coordinator), Don Morrison (Administrative Assistant), Don Pierce (Chief of Police), Byron Sneva (Public Works Director). Mayor Van Dusen reported that the Arts Commission has proposed a wall mural for the administrative offices. They would like to go out for bids and proposals. They have suggested that artists come in and make presentations for the City's selection. City Council Councilman Bohrer gave an update on Fire District #1 annexation request. Don Morrison, Administrative Assistant, reported the space planning study has been completed. The report will be reviewed at administrative level. Don Morrison, Administrative Assistant, reported there will be a corridor study on June 25 in the evening. COG will brief the City prior to the meeting. Council Member Morgan asked about the NAACP law suit. City Attorney Haney said all briefs have been filed. Requests to vacate Byron Sneva, Public Works Director, used an overhead viewer to certain portions of Str.:point out the area to be vacated. S. 133rd St. lying easterly of S. 134th P1. Council President Bauch declared the Public Hearing open at 7:25 (Sheehan of Far West p.m. Paints). Paul Sheehan, owner of the property, stated they plan to erect a warehouse on the south property. There being no further comments, Council President Bauch declared the Public Nearing closed at 7:37 p.m. Council Member Harris asked about the cul -de -sac. Mr. Sheehan said they would like to acquire it. Council Member Phelps asked if the vacation would leave anyone without access? Mr. Sheehan said it would not. MOVED BY HARRIS, SECONDED BY SIMPSON, THAT THE CITY CLERK PREPARE AN ORDINANCE FOR THE VACATION OF THE STREET AND IT BE ON THE AGENDA OF THE NEXT REGULAR MEETING OF THE COUNCIL. MOTION CARRIED. Byron Sneva, Public Works Director, explained the location of the property to be vacated. The Planning Department has recommended that it not be vacated. Council President Bauch opened the Public Hearing at 7:45 p.m. CharlesSpaeth, representing Graydon Smith, said there would be no problem in omitting the portion that is too long to be vacated. Mr. Smith built and dedicated the street and now he has to pay one -half the assessed valuation to buy it back. Councilman Bohrer asked what purpose the vacation will serve? Mr. Spake said Mr. Smith wanted to have greater control of the traffic coming through. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 10, 1985 Page 2 PUBLIC HEARINGS Contd. Portion of S. 152nd St. traversing tracts 37 and 38, Brookvale Garden Tracts (Hampton Hts. Assoc. Graydon Smith). contd. OLD BUSINESS Approval of Minutes: May 28, 1985. Prop. Res. approving interagency agreement between Municipality of Metro. Seattle City of Tukwila re ETS construction. Jim Haney, City Attorney, said the City can grant the petition for any part of it. There being no further comments, Council President Bauch declared the Public Hearing closed at 7:55 p.m. Council Member Harris said she would like to hear from Mr. Smith as to why he wants it. MOVED BY HARRIS, SECONDED BY SIMPSON, TO REFER THE STREET VACATION TO THE COMMUNITY AFFAIRS COMMITTEE. MOVED BY BOHRER, SECONDED BY MORGAN, TO AMEND THE MOTION AND REFER THE MATTER TO THE TRANSPORTATION COMMITTEE. MOVED BY MORGAN, SECONDED BY PHELPS, TO AMEND THE AMENDMENT AND CONTINUE THE HEARING TO ANOTHER DATE. MOTION CARRIED, WITH BOHRER AND SIMPSON VOTING NO. MOTION CARRIED. MOTION MOOT. MOVED BY BOHRER, SECONDED BY PHELPS, THAT A VERBATIM TRANSCRIPT OF THE PORTION OF THE MEETING CONTAINING THE CONVERSATION BETWEEN COUNCILMAN BOHRER AND BETH BLAND.(METRO), BILL CROSTICK (AUDIENCE) AND BETH BLAND (METRO), AND THE PORTION OF THE DISCUSSION BETWEEN COUNCIL MEMBER MORGAN AND METRO ATTORNEY GUNTER THAT CONTAINED HER MOTION BE INCLUDED AS PART OF THE MINUTES OF MAY 28, 1985 AND IT BE ON THE AGENDA OF THE NEXT COMMITTEE OF THE WHOLE MEETING. MOTION CARRTED. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE ON THE AGENDA OF THE NEXT REGULAR COUNCIL MEETING. Byron Sneva, Public Works Director, stated he has a meeting scheduled for Wednesday morning with Metro to present the requests of the Council. Councilman Bohrer said he would like to see Exhibit B restructured into two pieces; namely, the parts of it that are in effect remove, replace, reconstruct, reimburse for damage, etc., versus the one where improvements are made which benefit the City and which might be considered to be mitigation for impacts that cannot be estimated but which are separately provided by Metro in accordance with State law which does permit that to be done. The second item on Page 15, Section 10, the final sentence refers to Council Policies. It is not clear whether it means the Pietro Council or the Tukwila City Council. That needs to be clarified. The other thing that was discussed in Committee when it met was clarification about the nature of the conflict resolution provisions in Section 9. As it now states it does talk about a two -part process which would include a working level and an appeals level. The working level basically includes staff level at Metro and the City and the appeals level includes some of the elected officials of both bodies. He thought it would be well to clarify that the working level is dealing primarily with technical and engin- eering issues which may in turn be appealed to the elected official level which not only deals with those appeals but also with any policy or legislative issues. This agreement should reflect that the final ratification of any changes or conflicts comes about by action of the two bodies, the Metro Council and the Tukwila City Council, that no other body has power to authorize changes to either part. In effect, you end up with a three -level discussion and that is probably what was intended by the two -level approach that was set up but not clearly stated. The final action by the two Councils is the way that any change or final agreement must be resolved. By the City process the Mayor would sign such an agreement, it would be after and include an agreement such as the one Council has before them after a resolution passed by the City Council authorizes him to do so. The same process would apply at Metro where the director signs after authorization by the Council. UKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING tune 10, 1985 'age 3 CD BUSINESS Contd. 'rop. Res. approving nteragency agreement etween Municipality f Metro. Seattle ity of Tukwila re TS construction ontd. EW BUSINESS uthorize Public Works o negotiate Prof. ervices Contr. w /URS or Ph. 1 of of Transp. omp. Plan. rop. Res. estab. gen. ocal program policies or participation in 986 King Co. Comm. ev. Block Grant Con orti um. Council Member Harris said on Page 16 (B) it says either party may terminate the agreement without specifying cause by giving 90 days advance written notice to the other party. It seems we might get halfway through and Metro could stop, or we could terminate the agreement. Why is it necessary? City Attorney Haney said it was felt this was for the City so the City could terminate the agreement without cause. The City needed the option in case they felt they were not going to be able to provide the services. Metro said they should have the same right. Council Member Harris asked who is the prohibited interest referred to on Page 10, Section 6? City Attorney Haney said this was something Metro asked for stating that none of the members of the Councils have any financial interest in the contract. MOVED BY BOHRER, SECONDED BY PHELPS, TO AMEND THE AGREEMENT AND ADD SEPARATE SECTIONS DEALING WITH EASEMENT, BOTH TEMPORARY AND PERMANENT, THE SECTION THAT DEALS WITH GOLF COURSE REVENUE TO RESTRUCTURE THE EXHIBITS, PART 3 AS RESTRUCTURE THE EXHIBITS IN PART B AND C, PART C BEING THOSE MITIGATION MEASURES OF VALUE TO THE CITY, PART 4 RESTRUCTURE OR CLARIFY THE ISSUE ON COUNCIL POLICIES ON PAGE 15, PART 5 TO RESTRUCTURE THE SECTION ON CONFLICT RESOLUTION INTO A THREE PART STRUCTURE THAT HAS A WORKING LEVEL STAFF ONLY, SECOND LEVEL ELECTED OFFICIALS, THIRD LEVEL COUNCIL STRUCTURE, AND PART 6 BE CLARIFIED. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HARRIS, TO AMEND THE AGREEMENT THAT PREFACE TO EXHIBITS A, B, AND C BE A DISCUSSION OF THE CURRENT ALIGNMENT AND SUMMARY OF THE DESIGN. MOTION CARRIED, WITH PHELPS VOTING NO. MOVED BY HARRIS, SECONDED BY BOHRER, TO AMEND THE AGREEMENT SO SECTION 16 BE RETITLED TO CITY RESTORATION AND MITIGATION FUND. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Council Member Phelps said the political image of the City has suffered during these negotiations. She suggested guidelines for agreements such as this be established for future use. urnover of San. Sewer MOVED BY SIMPSON, SECONDED BY MORGAN, THAT THE ACCEPTANCE OF THE ift Sta. force main SANITARY SEWER LIFT STATION BE ON THE AGENDA OF THE NEXT REGULAR n Trammell Crow Dev. COUNCIL MEETING. MOTION CARRIED. n Tukw. Commerce Pk., nterurban Ave. 42nd o MOVED BY HARRIS, SECONDED BY BOHRER, THAT AUTHORIZATION FOR PUBLIC WORKS TO NEGOTIATE A PROFESSIONAL SERVICES CONTRACT WITH URS FOR PHASE I OF THE TRANSPORTATION COMPREHENSIVE PLAN BE ON THE AGENDA OF THE NEXT REGULAR COUNCIL MEETING. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY MORGAN, THAT THE PROPOSED RESOLUTION BE ON THE AGENDA OF THE NEXT REGULAR COUNCIL MEETING. MOVED BY PHELPS, SECONDED BY SIMPSON, TO AMEND THE MOTION AND HAVE A LETTER OF INTENT ACCOMPANY RESOLUTION IN THE AGENDA PACKAGE. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 10, 1985 Page 4 NEW BUSINESS Contd. Prop. Ord. amending Sec. 2.42.040 of TMC relating to persons included w /City's Civil Service Sys., exempting position of Asst. Police Chief from Civil Service. Prop. Res. amending non -Union List per Res. #937. MISCELLANEOUS Annexation Petition Multi- Corridor Study EXECUTIVE SESSION 10:02 10:26 P.M. ADJOURNMENT 10:27 P.M. MOVED BY SIMPSON, SECONDED BY MORGAN, THAT THE PROPOSED ORDINANCE BE ON THE AGENDA OF THE NEXT REGULAR COUNCIL MEETING. MOVED BY MORGAN, SECONDED BY PHELPS, TO MOVE THE ORDINANCE FORWARD WITH RECOMMENDATION FOR ONE OFFICER AS RECOMMENDED IN THE AUDIT AND DEAL WITH ADDITIONAL STAFFING IN THE 1986 BUDGET. MOTION CARRIED, WITH SIMPSON VOTING NO. *MOTION CARRIED, AS AMENDED. J 3 MOVED BY SIMPSON, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE ON THE AGENDA OF THE NEXT REGULAR MEETING. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE DATE OF JULY 8, 1985 BE ESTABLISHED AS DATE OF HEARING ON THE JOHNSON ANNEXATION PETITION THAT HAS BEEN RECEIVED THIS DATE. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE CITY ACCEPT THE OFFER FOR PRESENTATION ON THE MULTI CORRIDOR STUDY ON JUNE 17, 1985, AND ALSO PREPARE A RESOLUTION SUPPORTING THE ALTERNATIVE MOST FAVORABLE TO THE CITY. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY MORGAN, THAT THE COUNCIL GO INTO EXECUTIVE SESSION TO DISCUSS LABOR NEGOTIATIONS. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE COUNCIL MOVE OUT OF EXECUTIVE SESSION. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY BOHRER, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING ADJOURN. MOTION CARRIED. Edgar D. Bauch, Council President Norms Booher, Recording Secretary