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HomeMy WebLinkAbout1975-06-02 Regular MinutesJune 2, 1975 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL BID AWARD Rustic Log Cabin M I N U T E S /R 3,3 Tukwila City Hall TUKWILA CITY COUNCIL REGULAR MEETING Council Chambers Mayor Todd led the Pledge of Allegiance and called the Meeting of the Tukwila City Council to order. GARDNER, STERLING, TRAYNOR, HARRIS, SAUL, JOHANSON. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT COUNCILWOMAN DAVIS BE EXCUSED. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF MAY 19, 1975 BE APPROVED AS PUBLISHED. CARRIED. City Clerk Shirlee Kinney stated that the following correction on Page 1221 had been re- quested by the Public Works Department: The last sen- tence of the paragraph under the subject of Duwamish /Allentown should read as follows: "A review committee has not been formed to make recommendations as required by the R.C.W.'s." MOVED BY JOHANSON, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF MAY 19, 1975 BE APPROVED AS CORRECTED. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MINUTES OF THE SPECIAL MEETING OF MAY 28, 1975 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED, WITH HARRIS VOTING NO. Councilwoman Harris stated that in looking at the voucher for the attorneys of LeSourd, Patten. Fleming and Hartung she saw their April balance is $4,827.00. She stated that she is aware of one voucher having been withheld in the amount of two thousand and some amount. The Council did sign an approved voucher for the April billing. Has that payment also been held back, she asked. Mayor Todd stated that that law firm has not been paid one penny, they will be paid the $100 approved by the previous Council voucher approval and the rest of it will be withheld by him until such time as the Court orders it paid. Vouchers #5816 5868 Current Fund #5816 5852 9,871.97 Emer. Empl. #5853 7.55 Street Fund #5854 5857 1,905.54 Fed. Rev. Shrg. #5858 4,323.65 Water Fund #5859 #5862 611.30 Sewer Fund #5863 #5868 432.54 Total $17,152.55 Councilman Sterling stated that there had been only one bid and that was by Rustic Log Structures in the amount of $2,500 plus sales tax of $132.50 and the total was $2,632.50 and a cashier's check accompanied the bid. Steve Hall, Director of Public Works, stated that some of the logs are broken and he would suggest that all of the logs be replaced that were not in good condition. Councilman Sterling stated that we do not want to accept any broken equipment. Mayor Todd asked if this was a bid on an old house or a new house and Steve Hall stated that it was one that was partially assembled and sitting there in the open. Mayor Todd stated that if we are going to buy something that is already built as is it is likely we would not have the prerogative or the privilege of rejecting parts of it. Councilman Sterling stated he he did not think we should accept just anything. Council- woman Harris stated that she also understood there is some dry rot on the logs that have been resting on the ground. She added that there was some confusion on Thursday night (May 29) when the bid was opened and she had some questions she would like to ask the City Attorney TUKWILA CITY COUNCIL REGULAR MEETING June 2, 1975 Page 2 BID AWARD Contd. Rustic log cabin Contd. /A ,3 She stated the bid itself was written from a brochure, complete with the name of this particular model and the bidder contacted the Department of Public Works and on May 29, 1975 there was an addendum to the bid which speci- fied the room size and made reference to an average of log size in this specific design. The bid that was submitted was on the basis of the specifications plus the addendum. She asked if it was correct to amend a bid like that without having the amendment also publicized? She stated that she recognized there was only one bidder but maybe there should not be a variation. City Attorney Parker stated that there did seem to be an irregularity in this bid and in order to do everything properly it should be done all over again. He added that as a practical matter he thought we should go right ahead with it. Councilman Johanson stated that he thought the City should have in the proposal that everything be in sound condition and he believed that everyone was aware of the possibility of dry rot, but he did not know if that would be assumed. City Attorney Parker stated that he thought the best thing to do would be to reject the bid and make a deal straight across the board with the seller, with the provision that the dry rot situation be correc- ted. He stated that the fact that there was one bidder and the price was established has satisfied the bid re- quirements. Councilman Sterling stated that their concern was that even though there was only one bidder it was advertised as a building of greater value. Mayor Todd stated that he thought if the City Council intends to accept the bid it is with the idea that they meet the specifications. Councilman Gardner asked if the City has to go to bid on this. Mayor Todd answered that the purchase price is over $2,000. Councilman Johanson stated that he thought they should reject the bid and make a deal since all obligations of calling for a bid have been filled. City Attorney Parker stated that he thought that would be the practical solution to the whole thing, you know what the amount is and what you will get, and you can reject the bid and this formality has established the price. He stated that he thought this would be the practical solution to the whole thing. Councilman Saul asked who would negotiate the contract. City Attorney Parker answered that he supposed it would be Steve Hall, Director of Public Works. Councilman Saul stated that maybe that would be a better way to accept the building and say we want a sound building. Councilwoman Harris asked City Attorney Parker if he was saying that if they reject this bid they should not adver- tise for another bid. City Attorney Parker answered that he thought the City had satisfied the technical re- quirements by getting a price on a building and no other firm has indicated any interest in bidding on the building due to the fact that only was bid was received. He added that his suggestion is that the City reject the bid and authorize Steve Hall, Director of Public Works, to go ahead and make the corrections and make a deal with the builder subject to confirmation by the City Council. Councilwoman Harris stated then what he was saying is to buy something that is over $2,000. City Attorney Parker stated that the bid procedure has established the price of this building, there is only one firm interested in this type of building, so the City can go ahead and make a deal with him, requesting the required corrections. Mayor Todd stated that he would have to ask the question would the City get the same results if the builder is selling an "as is" building. In order to bring this building up to good building standards maybe the bid would be $3,000 rather than $2,500. City Attorney Parker stated he thought Steve Hall, Director of Public Works, would go and bid the $2,500 and ask to have the building brought up to standard. TUKWILA CITY COUNCIL REGULAR MEETING June 2, 1975 Page 3 BID AWARD Contd. Rustic log cabin Contd. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Proclamation by Mayor: Recog- nizing outstand- ing employees in the Tukwila Police Dept. OLD BUSINESS Police Facility/ Aeronautical Radio Building MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE CITY REJECT THE BID FOR THE LOG HOUSE FOR THE BICENTENNIAL. Councilman Saul stated that the City will not have to have any paid labor in connection with the log house, but they will have some material to buy. *CARRIED. MOVED BY SAUL, SECONDED BY JOHANSON, THAT STEVE HALL, PUBLIC WORKS DIRECTOR, BE AUTHORIZED TO PROCEED TO NEGOTIATE WITH THE ONE AND ONLY BIDDER FOR A SOUND BUILDING MEETING OUR BUILDING STANDARDS FOR A PRICE NOT TO EXCEED $2,500 PLUS TAX. CARRIED, WITH HARRIS VOTING NO. Mayor Todd read a Proclamation congratulating Police Chief John Sheets for his ability to manage the Police Department in a moment of crisis and proclaiming that Tukwila Police Officers Davis A. Gidlof, Gary R. Fox, and Jerry H. Kelleher be recognized and honored as out- standing employees of the City of Tukwila. Mayor Todd also made reference to a letter that had been received by Police Chief John Sheets from Southcenter Shopping Center Corporation dated May 21, 1975 offering their personal gratitude for the proficient manner in which the Police Department handled a shooting incident at Southcenter on the evening of May 20. Councilwoman Harris stated that this subject was con- sidered at the Public Health and Safety Committee meeting held May 27 pursuant to a letter written to the City Council by Mayor Todd regarding the Aeronautical Radio Building. She added that the Committee held extensive discussion on this subject. Some of the things were ingress and egress, remodeling costs of that building compared to a question mark cost of what the same needs would be if it were built in a single police station complex on Southcenter Blvd. They discussed community relations between the Police Department and the commun- ity, whether it would be helpful or adverse, security for both the present and the future among other things. The Committee felt that additional cost comparison analysis figures should be required in order to enable it to make a specific recommendation to the Council. This was the action of the Committee: (a) That the Council authorize the Chief of Police, John Sheets, to contact the architectural firms of Manson Bennett and Hawley Dudley to provide the following information: the cost of remodeling the Aeronautical Radio Building according to the needs of the Police Department, the cost of pro- viding the same facilities if it were built as a unit of a City Hall Police Station Complex on South 154th. (b) It should be considered by the above firms, if they respond, that such information would be at no expense to the City, that it would be on a speculative basis for the appointment of an architect is still to be made based on proposals for the building. (c) That, if possible, the requested information is desired to be furnished the City Council by June 16, 1975. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE CITY COUNCIL ACCEPT THIS RECOMMENDATION AND SO AUTHORIZE POLICE CHIEF SHEETS TO PURSUE THIS. CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING June 2, 1975 Page 4 OLD BUSINESS Contd. Building Dept. request for change in capital outlay expense item Discussion Metro Bus /A 3 6 Councilman Sterling stated that the Committee met with Mr. Peiper and went over the use of a saw of the type that was requested. He showed the Committee what he had already built with his own for the building down at the Annex, showed us that the cost of that saw would be well spent and the money would be returned in the services rendered. The Committee has recommended a "do pass." MOVED BY STERLING, SECONDED BY SAUL, THAT THE CITY COUNCIL ABIDE BY THIS REQUEST. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE METRO BUS DISCUSSION WITH REGARD TO THE CONTRACT BE PLACED ON THE AGENDA AT THIS POINT. CARRIED. Council President Traynor stated that he had received a request that the Metro Bus discussion continuing their schedule be considered at this June 2, 1975 meeting of the City Council. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PRESENT CONTRACT WITH METRO BE EXTENDED TO AUGUST 31, 1975. Councilman Johanson asked why they are going to extend the route. Council President Traynor explained that Metro feels they needed the back -up information coming through from the bus from now through the August date. The route changes cannot be made until September. The other reason was that they felt by us continuing the bus showed faith and confidence in the Metro Council itself. Mayor Todd stated that ridership is important too; that Metro does not want to start out with an empty bus. Mayor Todd continued that he believed Councilman Johanson was absent from the meeting where the basic agreements with Metro were hammered out the night of the Metro Public Hearing; that being that Metro, subject to Metro Council approval, will operate our bus system six days a week, longer hours per day, and will charge a fare the same fare that is charged on the regular system all of the operation will be from the Southcenter terminal and all of the connections will be with the bus routes in the County, and they are willing to sit down with the Council and adjust the routing to the Council's request as nearly as possible. But the important commitment was that they would on September 1 take over all of our headaches; also they would route the bus frequencies to accommodate people going to and from work, they would operate it on Saturday also, but the one commitment they expect the Council to make is that they will continue to fund it through August so they would not lose all of the riders, and that is important. Councilwoman Harris stated that according to the terms of the contract Metro is supposed to bill the City 10 days after the close of the month. We just had a bill tonight for March. Secondly, the City is supposed to agree in advance of any rate increase in the charges. They have gone up from $13 and a few cents in June 1973 to $20.11 in the March billing. The voucher before that was for $19.99 per hour. She stated she did not think Metro has lived up to their contract. Furthermore, in regard to the hours it is in that contract and I have heard those representatives say that we can change the hours whenever we feel the needs of the community indicate this. That bus runs independent of any other bus, it makes no connections, and if the people of this City need a bus at a different hour then what is the use of the contract? Councilman Saul stated that he thought it was important that theCity Council okay this extension for the next two or two and one -half months, mainly because we have created a system and have spent a lot of money and the very little bit that we have left to spend will give us a very good bus system. He added that maybe Councilwoman Harris was right, that some other times would be better but who sits down and figures it out we have had a hard time figuring out what a good schedule would be. Mayor Todd stated that it was his recollection that the Council put this subject matter in Committee TUKWILA CITY COUNCIL REGULAR MEETING June 2, 1975 Page 5 OLD BUSINESS Contd. /a 37 Discussion the first of the year and he had not heard any reports Metro Bus from any Bus Committee. Councilman Sterling stated that Contd. he agreed with everyone that we should extend this bus for the two months or so. He added that Councilwoman Harris did bring up a question that needed to be answered. When you read the contract it lends us to be- lieve that any time the charge is going to be more than that $36,000 the City will be notified in advance and unless the City Administration has been notified the City Council has not been notified that they were going to charge more, and he assumed that Administration would let them know if they were advised, so they are charging more than $36,000 without letting us know in advance. Mayor Todd answered that they had known since the first time they raised them that prices were going up. In reply to Councilman Sterling's question Mayor Todd stated that the City Council has been approving the vouchers for three years and they had raised the hourly rate prices about two years ago when the price of diesel fuel went up double, and then they had a labor contract and the price has been going up ever since. Councilman Sterling stated that was a pretty good deal just to start raising prices and not explaining why, just because they have done it in the past is not any reason they have to keep doing it. Mayor Todd stated that all he could say is that they have not told him any more than they have told them, that the City Council has seen the vouchers and that is all that he sees. Councilman Sterling stated that maybe they should have an explana- tion as to why they are going up so much. Mayor Todd stated that he could tell why they were going up and he thought the City Council knew. Councilman Sterling stated that all he was saying was that the City has a contract with Metro, that contract says that we will pay $36,000. When we go over that charge we will be noti- fied that they have to charge more than that, they would let us know in advance. We have never been told in advance and we have been paying more than $36,000. Mayor Todd said that maybe they should turn it over to the attorney, that he could do nothing about it at this late date. Councilman Sterling said then he questioned paying any more of them. He added that he hated to do anything that would hurt our agreement that we might get on this routing when they take over in September, but what is right is right and we have to have some justifi- cation for paying them more than $36,000. Eleanor McLester, audience, stated that she had looked at the contract and it did state that they were forced to charge what the actual amount it cost to run the bus plus their overhead. She stated she thought where they fell down probably was at Administrative level and when these costs began to escalate some questions should have been asked. She added that she felt we were now at a point where it was too late to ask these questions, that we should fund this bus the last two or three months. She agreed that we have paid too much. She stated she thought at this point, however, we will have to continue paying so they will take over and we will have the transportation until September. Mayor Todd stated that now the blame has been fixed for all of these costs on the Administration maybe they could act on the motion. Councilman Gardner stated it seems that they should have given the City the best possible service sooner than this as they do get 1/3% sales tax from Southcenter which brings in over five million dollars a year to them so he hoped they do give us the best service possible. ROLL CALL VOTE: 4 AYES STERLING, TRAYNOR, SAUL, JOHANSON; 2 NOS GARDNER, HARRIS. *CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING June 2, 1975 Page 6 OLD BUSINESS Discussion Metro Bus Contd. NEW BUSINESS Request to purchase video- tape equipment and protective clothing for Fire Dept. Contd. Councilwoman Harris asked if there was to be a Motion indicating support of the City Council to inaugurate the regular Metro system until September that is going to be submitted to the Metro Transit Committee which is meeting this Thursday. Mayor Todd stated that the City Council could certainly do that, if they liked, that it was not part of the bargain but if the City Council wished to make a motion in support of anything they could certainly do so. MOVED BY HARRIS, SECONDED BY SAUL, THAT TUKWILA CITY COUNCIL STRONGLY URGE TRANSIT COMMITTEE OF METRO AND METRO COUNCIL TO INAUGURATE REGULAR METRO SERVICE IN THE CITY OF TUKWILA BEGINNING ON OR ABOUT SEPTEMBER 1, 1975. CARRIED. Councilman Johanson stated that the request by Fire Chief Crawley was for a transfer of funds which is from pension funds that have been reimbursed the City. The request is for a video -tape machine for instructional purposes in connection with the regular training of personnel. He added there are many uses for this type of machine. He stated the cost of the machine is crit- ical. There is a saving of $400 if it is bought at this time. The total cost is $1,800 to $2,000. The total cost is $3,500 for both machine and clothing. MOVED BY HARRIS, SECONDED BY STERLING, THAT THE CITY COUNCIL AUTHORIZE THE TRANSFER OF FUNDS FROM THE FIRE SUPPRESSION TO FIRE TRAINING FOR THE PURPOSE OF PUR- CHASING VIDEO -TAPE AND MONITORING UNIT. CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE FIRE CHIEF BE AUTHORIZED TO BUY THE PROTECTIVE CLOTHING. CARRIED. RECESS MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE MEETING 7:55 P.M. -8:05 P.M.RECESS. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. Traffic control on SR #181 (Long acres) Police Chief Sheets stated that last week they had a meeting with several individuals including Mayor Todd, the Chief of Washington State Patrol, the Police Chief of Renton, Longacres officials, the Director of Public Works of Renton, and Mr. Dodge of the State Highway Department. We found after the information we gave you at the last meeting that the Tukwila Police Department is responsible for the intersection of 158th (Longacres Way) and SR #181. Although the Tukwila Police Department may be responsible for it we cannot fiddle with the lights or have priority on the traffic, that is the responsibility of the State Highway Department. They want us to slay the dragon but they do not want to give us any tools to do it with. This evening there are some things the City can do and he stated he would like to have the City Council consider them and perhaps direct the Public Works Director and the City Attorney to draw up an ordinance prohibiting parking on SR #181 from the Grady Way intersection south to 180th except for evening parking only. He added that this would assist the Police Department in some respects. Councilman Sterling asked if that would carry through the whole width of the City. Chief Sheets stated that it would be all of Inter- urban Avenue as that is part of SR #181 and all of West Valley Highway. He added that they would continue to work on this problem and see if they can do some more things; in fact, the City might need more police offi- cers as Longacres said they would pay for them. TUKWILA CITY COUNCIL REGULAR MEETING June 2, 1975 Page 7 NEW BUSINESS Contd. Traffic control on SR #181 (Long acres)- Contd. Discussion: Sewer hook -up fee SECOND READING OF ORDINANCES Proposed Ordi- nance making it unlawful to aid or abet the violation of any ordinance of the City 37 Councilman Johanson asked if there was anyone at the meeting from Longacres. Mayor Todd replied that Long acres was well represented at the meeting, that Morrie Alhadeff was at the meeting with three of his attorneys, his Security man (Mr. Evans) and there were a lot of other people present. The commitment by Mr. Alhadeff was that he would hire and pay for a traffic consultant to do an interior study of his facility to determine for Mr. Alhadeff and those interested whether taking the parking money going out rather than coming in would work. The discussion continued as to possibilities of controlling the problem and with respect to the hiring of off -duty policemen to work for Longacres which would bring up the problem of insurance. Steve Hall, Director of Public Works, stated that what has been said about the problem is true and an ordinance is needed. He added that it is his understanding that the State Highway Control will help the City; the problems are true and it is a big mess. Councilwoman Harris stated that she would like to suggest that an emergency clause be intro- duced into the ordinance so it can be adopted the night it is introduced. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT THIS ITEM BE REFERRED 10 THE PUBLIC WORKS COMMITTEE. CARRIED. MOVED BY TRAYNOR THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. City Attorney Parker stated that the City Council had made an amendment to the ordinance that has destroyed the meaning, the wording is not proper. COUNCILMAN TRAYNOR WITHDREW HIS MOTION THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. Councilman Sterling stated that the Committee had changed the wording to show what the penalty would be. City Attorney Parker stated that this wording was not necessary as any person who commits an offense the penalty will be as prescribed in the law. Police Chief Sheets stated that he had worked with the Committee on this and all of the other ordinances had stated "misdemeanor" or "gross misdem- eanor" so they had added this wording. City Attorney Parker said that with this wording it does not make sense and should be stricken from the ordinance. He suggested that the Code Book regarding General Ordinances Noting Misdemeanors (1.08.010) and Chapters 8 and 9 be read. City Attorney Parker suggested that the amendment not be used and he could not approve it as it had been re- written. He explained that anyone who aids or abets the violation of any ordinance of the City will be punished as a principal to the violation and the amend- ment is not needed. Councilwoman Harris asked City Attorney Parker if he says this wording is not needed in this ordinance then how about the other ordinances that stated "it shall be a misdemeanor," it seems there should be some consistency. City Attorney Parker stated that the law says that anyone who aids or abets the vio- lation of any ordinance of the City shall be treated as a principal of the violation and that is all that is needed. He stated that that wording is probably unnec- essary in the other ordinances. Councilman Sterling stated that he understood how the City Attorney felt about having the City Council do any amending of his ordinances, however, the City Council feels that some- where in that law it should be said what the penalty is. Mayor Todd replied that it is in the Code Book. Council- woman Harris asked City Attorney Parker if the City Cou- ncil desired to add the words defining what kind of crime this person shall be guilty of, what would be the appropriate place in this proposed ordinance to do this? City Attorney Parker stated that we have an ordinance TUKWILA CITY COUNCIL REGULAR MEETING June 2, 1975 Page 8 SECOND READING OR ORDINANCES Contd. Proposed Ordin- ance making it unlawful to aid or abet the violation of any ordinance of the City Ordinance #928 Prohibiting con- tributing to the delinquency or dependency of a minor FIRST READING OF ORDINANCES Ordinance #929 Accepting dona- tions for Fire Dept. Aid Car Proposed Ord. Sewer charges to Metro defining the crimes and it now says exactly what the City Council would wish to do. The words "is a princi- pal and shall be proceeded against and punished as such" now if a principal against shoplifting is punished by a fine of $65.00 then a person aiding and abetting such a crime is fined $65.00. Councilwoman Harris again asked the question if the City Council desires to add the words where would the appropriate place in this proposed ordinance be? City Attorney Parker answered there is no appropriate place in this ordinance for it. Council- man Sterling stated that he would like to express his disappointment with Mr. Parker's refusal to work with the City Council. City Attorney Parker stated that he was disappointed too, that he had a nice ordinance here and now someone has butchered it all up. Council- man Johanson stated that he would like to express his disappointment to the attorney for his rather ridiculous attitude toward the City Council and he found it very frustrating and immensely irritating. Mayor Todd stated that he thought it was time that all of us in the City government recognized that we all have a speci- fic job to do that the City Council has a specific job to do and their job is limited to legislative pro- ceedings. Mr. Parker has a specific job to do, that being to be the best City advisor, from a legal stand- point, that he can possibly be. Councilman Sterling stated he would like to explain why the City Council wished this to be added, so it would fit with the ordinances we do have. If it is a misdemeanor and can be punished as a misdemeanor there is nothing wrong with the law stating that. We have other laws stating that. This is a misdemeanor and it will be punished as a misdemeanor and there is nothing wrong with it being in there. He added that if they had amended it wrongly ir a sentence structure he would go along with that. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THIS ORDIN- ANCE BE TURNED BACK OVER TO THE CITY ATTORNEY AND HAVE THE VIOLATION SO STATED ON THE ORDINANCE. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. City Attorney Parker read the proposed ordinance. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. Councilwoman Harris stated that at the Committee meeting she had voted no and expressed her objections to this ordinance, that she felt it was too vague and too broad and we may get into trouble with the definition it will not be easy to enforce. ROLL CALL VOTE: 5 AYES GARDNER, STERLING, TRAYNOR, SAUL, JOHANSON; 1 NO HARRIS. MOTION TO ADOPT *CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE BE READ. CARRIED. City Attorney Parker read the proposed ordinance. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE CITY COUNCIL SUSPEND THE RULES AND PLACE ON SECOND READING BY TITLE ONLY. CARRIED. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE ORDINANCE BE ADOPTED AS READ. CARRIED. Mayor Todd presented a check for $500 from the Southcenter Rotary Club as a donation for the Fire Department aid car. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ. CARRIED. City Attorney Parker read the proposed ordinance. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE REFERRED TO IHE PUBLIC WORKS COMMITTEE. CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING June 2, 1975 Page 9 RESOLUTIONS Proposed Resolution.-. OVED BY TRAYNOR, SECONDED BY STERLING, THAT THE Segregating PROPOSED RESOLUTION BE READ. CARRIED. City Attorney special assess- Parker read the proposed resolution. MOVED BY HARRIS, ments on property SECONDED BY JOHANSON, THAT THIS RESOLUlION BE REFERRED in LID #13 TO THE FINANCE COMMITTEE. CARRIED. (1st reading) Res. #485 Authorizing the Mayor to sign agreement re: sewers with City of Renton (Andy's Diner) Proposed Res. Authorizing Mayor to sign an agreement with Upland Indus- tries for water/ sewer /road /storm drainage Res. #486 Authorizing the Mayor to sign LJPO Grant #75 -C -0024 re: Burglary Amel- ioration Prog. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ. CARRIED. City Attorney Parker read the proposed resolution. Councilwoman Harris stated that this topic has been before the City Council since the first of the year, that it was originally a late comer's agreement. She stated that the Public Works Committee on May 22 reviewed this agreement and found it to be satisfactory in that both parties were protected. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE CITY COUNCIL SUSPEND THE RULES. CARRIED. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE RESOLUTION BE PLACED ON SECOND READING BY TITLE ONLY. CARRIED. City Attorney Parker read the title. MOVED BY HARRIS, SECONDED BY GARDNER, THAT THE PROPOSED RESOLUTION BE ADOPTED. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ. CARRIED. City Attorney Parker _read the proposed resolution. MOVED BY JOHANSON, SECONDED BY STERLING, THAT THE PROPOSED RESOLUTION BE REFERRED TO THE PUBLIC WORKS COMMITTEE. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE PROPOSED RESOLUTION BE PLACED ON SECOND READING. CARRIED. City Attorney Parker read the proposed resolution. MOVED BY JOHANSON, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. CARRIED. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS City Council Order #4 Equipment List, Job Analysis Letter from Mrs. Dale Stimach complaining of bees Southcenter South Industrial Plat Utilities City Clerk Shirlee Kinney stated that they now had the performance packet. Mayor Todd stated that they had now received the last job description from the City Treasurer that day and they were now ready to distribute and were quite voluminous. Ms. Kinney stated that she would like to know which Council Members did not want a copy and she would prepare the results for the rest. Councilmen Traynor and Saul stated they would go over the results in the City Clerk's office and then advise if they wanted a copy. The rest of the City Council indicated they would like to receive an individual copy. Council President Traynor read a letter from Mrs. Dale Stimach, 14427 57th Avenue South, Tukwila complaining about bees that were coming into her yard and were frightening her children. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE MATTER BE REFERRED TO THE PUBLIC SAFETY AND HEALTH COMMITTEE. CARRIED. Steve Hall, Director of Public Works, requested that the agenda be amended to consider his request dated April 23, 1975 for approval of the Southcenter South utilities. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE AGENDA BE AMENDED. Councilwoman Harris asked if this subject was referred to the Public Works Committee. Steve Hall TUKWILA CITY COUNCIL REGULAR MEETING June 2, 1975 Page 10 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Contd. Southcenter South Industrial Plat Utilities Contd. Youth Arts Festival Bicentennial Letter from State Hwy. Comm. dated May 19, 1975 re: Nelson Place -So. 158th Phyllis Persicka Caterpillars/ Mosquito problem stated that he had requested it be put on the Agenda for the City Council Meeting held on May 5, 1975 and it was put in the Public Works Committee. She stated that since it had not come out of the committee yet it should not be brought up in the Council Meeting at this time. ROLL CALL VOTE: 4 AYES STERLING, TRAYNOR, SAUL, JOHANSON; 2 NOS GARDNER, HARRIS. *CARRIED. Steve Hall, Director of Public Works, referred to his letter of April 23, 1975 regarding final acceptance of this part of the utilities for the Southcenter South Plat and requesting approval by the City Council. The project has been inspected and tested by representatives of the City and they have been found to meet or exceed all requirements as set forth in the City standards and the plans and specifications for this project. The sanitary sewage gravity portion has been installed, inspected, tested, and found to be in conformance with the plans and specifications and City standards. He added that he had received the funds from McCann. MOVED BY STERLING, SECONDED BY SAUL, THAT THE CITY COUNCIL ACCEPT STEVE HALL'S RECOMMENDATION IN ACCEPTING SOUTHCENTER SOUTH PLAT. Councilwoman Harris stated that this subject is in the Public Works Committee and should not be acted upon per City Council Procedures Ordinance. Councilman Sterling stated that he thought the Council should make an exception to the Council Procedures Ordinance in this case. Councilwoman Harris asked if all of the bonds had been posted and Steve Hall answered that there was a 100% performance bond posted at the beginning. *CARRIED. Councilman Saul stated that he had received an announce- ment of a Youth Arts Festival to be held August 9, 1975 at the Tukwila Elementary School. The entries would be according to school grade levels. Craft entries would not be accepted. He added that he thought this was a fine idea. Mrs. Joan Todd noted that this was part of the Tukwila Arts Festival to be held in conjunction with Tukwila Days. Mayor Todd stated that he had received a Newsletter from the Bicentennial Wagon Train Pilgrimage to Pennsyl- vania with a Pledge of Dedication to be signed by those who wished to do so. On the llth of June the Pledge will be given to them and it will be taken to Valley Forge to be buried in a time capsule. Steve Hall, Director of Public Works, made reference to a letter dated May 19, 1975 that he had received from Mr. W. C. Bogart, Washington State Highway Commis- sion, regarding drainage problems at Nelson Place and South 158th Street. MOVED BY STERLING, SECONDED BY TRAYNOR, TO AMEND THE AGENDA AND REFER THE CORRESPONDENCE FROM MR. BOGARI "I'O 'IHE PUBLIC WORKS COMMITTEE. CARRIED. Mrs. Phyllis Persicka stated that she thought our Police Department should be congratulated for their actions at Southcenter during the recent gun battle. There could have been many injuries if it had not been handled properly. Rudy Regel, audience, stated that he had noticed the caterpillars that were invading the trees and shrubs. He stated that other cities have controlling ordinances and he thought Tukwila should take some action. Mayor Todd stated that the mosquitos were bad, too, and he asked Steve Hall, Director of Public Works, to call the Health Department. Steve Hall stated that he had called the Health Department and they are taking us in turn. TUKWILA CITY COUNCIL REGULAR MEETING June 2, 1975 Page 11 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Contd. Community Affairs Councilwoman Harris stated that there would be a change Committee in location and time of the Community Affairs Committee Meeting to be held June 4. It will be held at the Fire Station at 7:30 P.M. She stated that a representative from the 365th Army Reserve Unit would speak and the Historical Marker would be discussed. Frank Todd Mayor Todd asked Councilwoman Harris if he could ask rezone a question regarding her Community Affairs Committee? He asked her if she received a copy of a petition signed by Mrs. Mitsui Kato regarding his rezone application per affirmative request. She stated that she had received it. He asked her if she could tell him when the committee was going to meet on that subject so he could attend. She stated that she would certainly like to schedule it at the earliest possible time. She said she was hopeful that they would have a deputy city attorney for land use appointed so he could advise them on this and all other matters. Mayor Todd asked if she was going to wait for the appointment of a deputy city attorney until she considers this matter? She stated that she doubted that that would be proper, but it is hopeful. Mayor Todd asked Councilwoman Harris if she got his correspondence regarding the question he had as to what the arrangement is for paying this gentleman that the Council had suggested that he appoint, and some general terms of an agreement with him. Council- woman Harris stated that she had. Mayor Todd said that he had not received any word back on it and that is what the delay is, so the delay is not my fault, it is somebody else's, he added that he needed some informa- tion. Councilwoman Harris stated she did not think so, that the funds were already budgeted for the 1975 bud- get. Mayor Todd stated he did not ask her for a source of revenue to pay this gentleman, he asked her to furnish him with information as to what his hourly pay was pro- posed to be and under what terms. Councilwoman Harris said that in that ordinance it pertains to both the City Attorney and the Deputy City Attorney fees. The fee would be on a mutually agreeable basis and the City Council has not met with the gentleman to discuss that because he has not been appointed yet.Mayor Todd told her to take her time then and when she found time to tell him then he would be able to act or react to their recommendations. Councilwoman Harris stated that it appears that we are kind of at a stand -off, doesn't it? Mayor Todd stated that it was not his problem. EXECUTIVE SESSION MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE COUNCIL Y:.5 P.M.- GO INTO EXECUTIVE SESSION. CARRIED. MOVED BY JOHANSON, 10:39 P.M. SECONDED BY STERLING, THAT THE EXECUTIVE SESSION BE CLOSED. CARRIED. The meeting was called back to order with all Council Members present as previously listed. ADJOURNMENT MOVED BY STERLING, SECONDED BY JOHANSON, THAT THE CITY 10:39 P.M. COUNCIL REGULAR MEETING ADJOURN. CARRIED. Attest: Frank 'Todd, Mayor hir ee inney, /City C i"k