Loading...
HomeMy WebLinkAbout1973-10-01 Regular MinutesOctober 1, 1973 8:00 p.m. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL SPECIAL PRESENTATION "International Toastmistress Month" ORDINANCES AND RESOLUTIONS Ord. #812 Time Limitation: Huntington Rezone Ord. #813 Amending 1973 Budget Re: W.I.N. Employees and Repeal- ing Ord. #799 TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall Council Chambers M I N U T E S 484 Mayor Pro -Tem Sterling led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. CRAIN, TRAYNOR, STEVENS, STERLING, JOHANSON, HILL, GARDNER. MOVED BY STEVENS, SECONDED BY HILL, THAT THE MINUTES OF SEPTEMBER 24, 1973, BE APPROVED AS PUBLISHED. CARRIED. MOVED BY CRAIN, SECONDED BY STEVENS, THAT THE VOUCHERS BE APPROVED. CARRIED. Vouchers #1246 #1312 Current Fund #1246 #1283 Park Fund #1284 #1286 Street Fund #1287 #1298 City Shop #1299 Water Fund #1300 #1304 Sewer Fund #1305 #1312 5,912.23 55.82 1,580.29 452.16 3,780.45 4,078.59 $15,859.54 Mayor Pro -Tem Sterling presented Mrs. Avery, Chairman, International Toastmistresses, with a copy of Resolution #376 which proclaimes October "International Toast- mistress Month." Mrs. Avery stated that she would like to see more people from Tukwila join this Club and noted that men are also welcome to join. MOVED BY STEVENS, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read Ordinance amending Ordinance #805 re- classifying certain property from R -4 zoning to C -1 zoning within the City of Tukwila. MOVED BY HILL, SECONDED BY STEVENS, THAT ORDINANCE #812 BE ADOPTED AS READ.* Discussion followed regarding covenants and wording of the proposed Ordinance, The motion then CARRIED* with Councilman Gardner voting "no Proposed Ord. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE Rules Regulations PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker City Park Properties read an Ordinance adopting rules and regulations for operation and use of City Park Properties. MOVED BY TRAYNOR, SECONDED BY STEVENS, TO ADOPT PROPOSED ORDINANCE AS READ.* Discussion followed regarding whether or not to leave the phone number in the Ordinance, changing Park Recreation Supervisor to Department of Public Works, changing the hours to 8:30 to 4:30 pm, operation of motor vehicles within the park (Section 3), and regarding fire permits under section 7. MOVED BY CRAIN, SECONDED BY HILL, TO AMEND PROPOSED ORDINANCE TO READ DEPARTMENT OF PUBLIC WORKS, TIME FROM 8:30 to 4:30 AND TO LEAVE IN THE PHONE NUMBER.* Fire Chief Hubert Crawley asked that section 3 be amended to delete the portion requiring fire permits as there is no phone in the area. Councilman Gardner stated that he felt fire permits should be required where posted. Further discussion followed after which it was MOVED BY STEVENS, SECONDED BY TRAYNOR, TO TABLE THE PROPOSED ORDINANCE AND TURN IT OVER TO THE FIRE CHIEF, PUBLIC WORKS DIRECTOR AND THE PARK BOARD FOR AMENDMENTS TO THE WORDING. CARRIED. MOVED BY STEVENS, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read the title of an Ordinance amending the 1973 Budget as adopted by Ord. #752 by appropriating excess revenues within the Current Fund to creatE a new Current Fund Department to provide salaries and benefits for W.I.N. employees and repealing Ord. #799. MOVED BY STEVENS, SECONDED BY HILL, THAT ORDINANCE #813 BE APPROVED AS READ AND IN ITS ENTIRETY.* Councilman Traynor noted that Ordinance #799 was originaly passed on August TUKWILA CITY COUNCIL MEETING Page 2, ORDINANCES AND RESOLUTIONS cont. Res. #377 Ratifying Metro Transit Agreement CORRESPONDENCE AND CURRENT BUSINESS Letter: Status of L.I.D. #23 Discussion: LID #18 October 1, 1973 485 Ord. #813 cont. 6, 1973, at which time the Mayor cast the tie breaking vote when the Council was tied by a vote of two to two. Public Works Director, Steve Hall, noted that the Ordinance included hiring a building inspector, clerk /typist E a laboror in the water Department. Attorney Parker stated that this is basically an accounting procedure and that the wording in sections 2 E 3 is identical to the wording of Ordinance #799. The motion then CARRIED.* MOVED BY CRAIN, SECONDED BY HILL, THAT PROPOSED RESOLU- TION BE READ IN ITS ENTIRETY. CARRIED. Attorney Parker read Resolution ratifying Metro Transit Contract. MOVED BY STEVENS, SECONDED BY CRAIN, THAT RESOLUTION #377 BE PASSED AS READ.* Councilman Traynor asked that the spelling of his name be corrected in the proposed resolution. Councilman Gardner referred to a motion that was made at the July 2nd meeting regarding expenditure of funds for the Metro Bus.He noted that was a three to three vote with the Mayor breaking the tie, and he felt that this is an order under the R.C.W. Councilman Gardner stated that he also felt this was an order as it was an expenditure of funds. Councilman Stevens noted that Resolution #352 allowed the Mayor to negotiate for bus service and was passed prior to the approval of the contract of July 2nd. Councilman Johanson reiterated that he felt the contract is an order and is as important as an Ordinance or Resolution per R.C.W. Discussion followed regarding Resolutions, contracts and transfer of funds. Councilman Hill stated that if Council passed this Resolution it would clear up the whole matter. Discussion followed both in favor and against the bus service. Councilman Johanson stated that he had opposed the contract and that he had requested a list of allowable expenditures of revenue sharing funds and that he has received no response. He further stated that he wants a report of these expendi- tures and noted that he felt that they should have gone to a vote of the people. Councilman Sterling stated that he would have voted no at that meeting if he had been there. He then asked what it would solve if the Council were to stop it now. Roll call vote brought 4 AYES: Hill, Stevens, Traynor, Crain. 3 NOS: Gardner, Sterling, Johanson. Public Works Director, Steve Hall read a letter he received from Ken Yoshida, Yoshida Inc., regarding LID #23, McMicken Heights Sewer Project. The letter stated "We are enclosing a tabulated list of protests which the City received prior to the end of the day of September 19, 1973. The total protests represent 64% of the assessment, which is 4% more than the legally required maximum." He then read a letter he wrote to Councilman Gardner regarding LID #23. The letter stated "It is my recommendation that this LID be dissolved per RCW 35.43.180 (restraint by protest) and that Yoshida and Associates be paid their services to date per signed contract authorized by Resolution #356. Councilman Traynor asked what the total costs to the City will be. Public Works Director, Steve Hall stated that the cost has not yet been tallied, but that it would be on a per -hour basis. Councilman Crain stated that the preliminary design was created before the LID was created and recommended that the Council take a good look at the cost when it is received. Steve Hall stated that the rough preliminary design must be done in order to determine the cost of the preliminary assessment, nad noted that all this information becomes the property of the City once the consulting engineer is paid. Councilman Gardner read a letter he received from Public Works Director Steve Hall regarding LID #18, Standard Station, Interurban Ave. and 52nd Ave. South, a copy of which is on file in the City Clerk's Office. Attorney TUKWILA CITY COUNCIL MEETING Page 3, CORRESPONDENCE AND CURRENT BUSINESS- cont. LID #18 cont. Letter: Reform of Council Committees October 1, 1973 486 Parker stated that there never was any sum paid on behalf of this property. He then quoted a portion of Ordinance #426, which was in effect at that time. The Ordinance indicates that in no case will credit be allowed. He then noted that no records were on file to establish the fact that these negotiations took place and that the remainder the the cost will have to be paid either out of the Sewer Water Fund or by the property owner. Councilman Gardner noted that the City installed the manhole. Councilman Crain stated that the City can allow credit on special arrangements and feels that the City is morally bound to support the position of their employee. Attorney Parker stated that he had been in contact with Frank Zepp and that Mr. Zepp had said that no arrangements were made or agreed to regarding a credit Councilman Gardner recalled arrangements that were made with the Standard Oil Company. Councilman Crain stated that the company owed the City for special connection charges but they didn't pay because they apparently had credit and he felt that that credit could be applied at this time. Attorney Parker stated that an amount was arrived at and agreed to but the problem is that there were two lots and two seperate easements involved. Councilman Hill stated that Ordinance #426 says that any money expended over the cost of the assessment will not be reimbursed by the City. Discussion followed regarding the amount of credit, if any. Attorney Parker stated that new facts are being uncovered all the time and he suggested that Mr. Zepp be asked to meet with Council and make a full recollection of the facts on record. MOVED BY CRAIN, SECONDED BY STEVENS, THAT THE SEWER COMMITTEE MEET WITH MR. ZEPP TO DISCUSS THIS MATTER AND THEN REPORT BACK TO COUNCIL WITH THEIR RECOMMENDATION Attorney Parker suggested that the Sewer Committee make a transcript of what is said at that meeting and that he will then take a copy of the statement to Mr. Kelly, Attorney for the property owners. The motion then CARRIED. MOVED BY STEVENS, SECONDED BY CRAIN, TO AMEND THE AGENDA TO INCLUDE OTHER LETTERS COUNCIL FEELS PERTINANT. CARRIED. Public Works Director, Steve Hall stated that he is requesting that the present two committees (Water Sewer Committee, and Street Committee) be merged into one Public Works Committee. He stated that this would cut down the number of meetings and also would allow them to get more work accomplished at these meetings. MOVED BY HILL, SECONDED BY CRAIN, TO RECOMMEND THAT THE WATER SEWER COMMITTEE AND THE STREET COMMITTEE BE COMBINED INTO THE PUBLIC WORKS COMMITTEE AS OF TONIGHT. The motion CARRIED with Councilmen Johanson and Gardner voting "no Letter: Pacific Councilman Sterling read a letter from Mayor Todd regard Propellor Right -of ing the Pacific Propellor Right -of -way and surplus way property acquisition, a copy of which is on file in the City Clerk's Office. Attorney Parker stated that the City had originally asked for more, but would be willing to settle for the $72,000.00. He stated that in the future the City would have the need for that land for other purposes than a park and questioned the stipulation whereby the City could not use the land for anything but a park. Public Works Director, Steve Hall noted that there's a present balance in that fund of approximately $50,000.00 at this time. Councilman Crain stated that he feels Mr. Boys is living up to his committment whereby he would be willing to help pay the over run if the City expended more than its allocated $675,000.00. Steve Hall stated that he will have the final cost estimate by October 2, 1973. Discussion followed regard- ing this agreement and placing a stipulation on the property that it will be used for park purposed anywhere from 20 to 25 years. Councilman Sterling then set a work meeting for Thursday night, the 4th of October at 7:00 p.m. to discuss this matter further. Councilman Sterling then noted that there will be a Suburban Mayor's Meeting. TUKWILA CITY COUNCIL MEETING Page 4, OLD BUSINESS Bid Award: 5/6 Cubic Yard Dump Box with Hoist DEPARTMENT AND COMMITTEE REPORTS Letter: Law Justice Planner Bus Service Legal Publications AUDIENCE COMMENTS Council Minutes Sewer Committee Metro Council Minutes October 1, 1973 487 Public Works Director, Steve Hall read his letter regarding this bid award. The letter recommended award to the low bidder using all options in the amount of $2,485.08 to Transport Equipment Company. MOVED BY HILL, SECONDED BY STERLING, TO ACCEPT THE BID OF TRANSPORT EQUIPMENT COMPANY IN THE SUM OF $2,485.08. CARRIED. Council discussed a letter from Michael H. Wilkins, Law and Justice Planner. The letter was in regard to Southcenter Police Cadet Patrol. Police Chief John Sheets explained the cadet program to Council and explained that the student cadets would be paid a salary of $2.00 per hour and work approximately 16 hours per week. The total project cost would be approximately $11,300.00 for the program. Councilman Sterling asked that a Resolution be prepared for the next meeting. Councilman Johanson stated that a fee should be set on the bus that goes to Southcenter as there is no super- vision on that bus. Councilman Stevens stated that each parent is responsible to control their own children. Councilman Johanson noted that he is worried about the types of people down in the shopping area, and that the bus makes it much harder to control the situation where children are involved. Attorney Parker suggested that they make children under 16 have a pass from their parents to ride the bus. Councilman Crain asked that this matter be discussed at the work meeting that is scheduled for Thursday evening. Councilman Gardner stated that when the City changed publication of legals from the Record Chronicle to the Highline Times it was by a tie vote of two to two, with the Mayor casting the tie breaking vote and he feels that this was an order under RCW. Councilman Sterling stated that they definetly need an interpretation of that RCW. Councilman Johanson stated that an Order applies to anything of major impact regarding money and that Council should make their own interpretation. Councilman Sterling asked that this be discussed further at their Thursday night meeting. Jim Wade, a reporter for the Highline Times, questioned the City Clerk regarding researching the minutes of 1973 to find Ordinances or Resolutions that were passed by less than a majority of four. Councilman Johanson told Mr. Wade that he had been misquoted in the Highline Times article regarding this issue. City Clerk, Shirlee Kinney read her letter to Council. The letter noted that in her research she only found one Ordinance and one Resolution that was passed by less than a majority of four and that those two were passed at the August 6, 1973 meeting. Councilman Gardner gave the sewer report and read the Hill, Ingman E Chase report, a copy of which is on file in the City Clerk's Office. Councilman Traynor requested that he be given a report from Metro regarding the usage of the bus. Discussion followed regarding the minutes E Taping of Council Meetings. Ed Robinson, from the Ad Bank, stated that he had taped the last meeting and that there were too many noises to get a clear tape. Councilman Traynor asked if the City should keep the tapes for a year. Mary Lehto, reporter for the Record Chronicle, asked if there is a State Law requiring that the City keep the tapes indefinetly. Shirlee Kinney noted that there are some City's who prefer not to tape at all and that it was up to the discretion of the City. After TUKWILA CITY COUNCIL MEETING Page 5, AUDIENCE COMMENTS Minutes cont. Metro ADJOURNMENT 10:10 p.m. ATTEST: cont. further discussion it was MOVED BY CRAIN, SECONDED BY STERLING, TO PURCHASE TAPES AND KEEP THEM ON FILE, BY DATE, FOR A NINETY DAY PERIOD. CARRIED. Mrs. Avery asked Council to consider the danger of people walking to Southcenter, and asked them to think about continuing Metro service. Mrs. Burnhardt questioned who would be liable for injuries, etc., when riding the bus. MOVED BY STEVENS, SECONDED BY HILL, THAT THE MEETING ADJOURN. CARRIED. i c_ r C Mayor Pro -Tem, Sterling October 1, 1973 Shirlee A. Kinney; City Clerk 488