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Home My WebLink About1976-05-17 Regular MinutesMay 17, 1976 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS AND AWARDS Bid Award, Asphaltic Concrete Overlay, Hi -Line Asphalt Paving Co. Letters, Board of Adjustment, Doces Furniture Co. signs Writ of Prohibition/ LaVista Estates (LID #28) Grant Agreement for Southcenter Blvd. Improvement OLD BUSINESS Council Motion 76 -8 Transportation/ Utilities Element NEW BUSINESS Council Motion 76 -9 Rules of Procedures for the Board of Adjustment Current Fund Street Fund Fed. Shrd. Rev. Water Fund Sewer Fund TUKWILA CITY COUNCIL REGULAR MEETING MINUTES Mayor Bauch, presiding, led the Pledge of Allegiance and called the Tukwila City Council meeting to order, stating Mrs. Anderson had been sworn in as Clerk Pro Tem under authority granted in RCW 35.24.100. GARDNER, TRAYNOR, HILL, SAUL, MS. PESICKA, VAN DUSEN, MS. HARRIS. MOVED BY HILL, SECONDED BY TRAYNOR, TO AMEND THE MINUTES OF THE REGULAR MEETING OF MAY 3, 1976 PRIOR TO THEIR ADOPTION PER MEMO DATED MAY 12, 1976 FROM THE CITY CLERK. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE MINUTES OF THE MAY 3, 1976 REGULAR MEETING BE APPROVED AS AMENDED. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE MINUTES OF THE MAY 12, 1976 SPECIAL MEETING BE APPROVED AS PUBLISHED. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED. Vouchers No. 8483 8611 8483 8611 8580 8589 8590 8590 8600 8601 8611 Total PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS 33,123.59 1,358.30 198.23 1,087.63 1,053.33 36,821.08 Tukwila City Hall Council Chambers MOVED BY HILL, SECONDED BY SAUL, THAT THE RECOMMENDATION OF PUBLIC WORKS DIRECTOR STEVE HALL BE ACCEPTED AND THE BID FOR ASPHALTIC CONCRETE OVERLAY BE AWARDED TO THE LOW BIDDER, HI -LINE ASPHALT PAVING CO. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE LETTERS DATED APRIL 10, 1976 AND MAY 3, 1976 FROM ANNE ALTMAYER, CHAIRMAN, BOARD OF ADJUSTMENT, CONCERNING DOCES FURNITURE COMPANY SIGNS BE MADE A PART OF THE CITY COUNCIL 11EETING MINUTES. CARRIED. It was noted that there was a lengthy discussion on this item at the Committee of the Whole Meeting. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE CITY COUNCIL NOTE THE RECEIPT OF A WRIT OF PROHIBITION FROM THE LAVISTA ESTATES CONCERNING LID #28. Attorney Hard stated this is part of the same LID #28 law suit as the Esping vs. Pesicka and will be handled as such. *CARRIED. MOVED BY HILL, SECONDED BY SAUL,TO NOTE THE RECEIPT OF A MEMO FROM MAYOR ED BAUCH CONCERNING THE GRANT AGREEMENT FOR SOUTHCENTER BOULEVARD IMPROVEMENTS. CARRIED. The notation of the receipt of this memo constitutes authority to proceed on this project. MOVED BY TRAYNOR, SECONDED BY HILL, THAT CITY COUNCIL MOTION NO. 76 -8 BE READ. CARRIED. The motion relating to comprehensive planning, declaring intent to adopt at some future time the transportation/ utilities element as part of the Comprehensive Plan was read. MOVED BY HILL, SECONDED BY TRAYNOR, THAT CITY COUNCIL MOTION NO. 76 -8 BE ADOPTED AS READ. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT CITY COUNCIL MOTION NO. 76 -9 BE READ. CARRIED. The motion approving the rules of procedure for the Board of Adjustment as amended on May 6, 1976 was read. Mayor Bauch stated that the Board of Adjustment Rules of Procedure had never been submitted for approval. The City Attorney advised that TUKWILA CITY COUNCIL REGULAR MEETING May 17, 1976 Page 2 NEW BUSINESS Contd. Council Motion 76 -9 the rules be adopted as set forth in the Tukwila Municipal Code. Rules of Procedures MOVED BY TRAYNOR, SECONDED BY HILL, THAT CITY COUNCIL MOTION NO. 76 -9 for the Board of BE ADOPTED AS READ. CARRIED. Adjustment Contd. Appraisal of Desimone Property EXECUTIVE SESSION MOVED BY HILL, SECONDED BY PESICKA, THAT THE COUNCIL GO INTO EXECUTIVE 7:35 P.M. 8:35 P.M. SESSION AND DISCUSS THE PERSONNEL PROBLEM. CARRIED. ROLL CALL VOTE: 4 AYES TRAYNOR, HILL, MS. PESICKA, VAN DUSEN; 3 NOS GARDNER, SAUL, MS. HARRIS. Councilman Hill requested that Deputy City Attorney Hard, Mrs. Shirlee Kinney and her attorney, Mr. Warren, attend the Executive Session. Appointment of City Clerk Pro Tem Report on Fire Fighter Contract SECOND READING OF ORDINANCES Ord. 972 Relocation of rail- road crossing on Southcenter Blvd. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE APPRAISAL OF THE DESIMONE PROPERTY HAS BEEN RECEIVED BUT WILL NOT BE MADE PUBLIC UNTIL IT HAS BEEN DISCUSSED WITH MR. DESIMONE. MOTION CARRIED, WITH HARRIS VOTING NO. After review of the background of the procedure prior to the appraisal and with a request from Mayor Bauch it was MOVED BY HILL, SECONDED BY MS. PESICKA,TO AUTHORIZE THE MAYOR TO HAVE THE DESIMONE PROPERTY APPRAISED. CARRIED. Mayor Bauch called the meeting back to order with all Council Members present as previously listed. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE CITY COUNCIL CONCUR WITH THE RECOMMENDATION OF THE MAYOR FOR A CITY CLERK PRO TEMPORE OR ACTING CITY CLERK. ROLL CALL VOTE: 5 AYES GARDNER, TRAYNOR, HILL, SAUL, MS. HARRIS; 2 NOS MS. PESICKA, VAN DUSEN. MOVED BY HILL, SECONDED BY TRAYNOR, TO AMEND THE AGENDA TO ALLOW ITEM 8.d., A REPORT ON THE FIRE FIGHTER CONTRACT FROM THE LABOR ARBITRATOR. CARRIED. Councilman Hill reported there are still a couple of items in the contract that have not been settled that are not related to money. MOVED BY HILL, SECONDED BY TRAYNOR, TO HAVE A COUNCIL MOTION THAT THE COUNCIL CONCURS WITH THE ARBITRATOR'S MONETARY ALLOTMENT TO EACH INDIVIDUAL FIREMAN AND THAT THEY BE PAID ON JUNE 5, 1976 UPON RECEIPT OF AN ACCEPTABLE CONTRACT. It had been previously suggested by negotiator Cabot -Dow that a motion was necessary so that if an agreement is received by June 1, 1976 the City Council can review it and the Mayor can institute payment even if the contract is not signed. *CARRIED, WITH MS. HARRIS VOTING NO. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Deputy City Attorney Hard read proposed ordinance providing for the relocation of the railroad crossing on Southcenter Parkway at Minkler Blvd. and repealing Ordinance #617 of the City of Tukwila. Mr. Steve Hall, Public Works Director, read his letter of May 13, 1976 for the record requesting that Mr. Kenneth Cottingham of Stevens, Thompson and Runyan, Inc. run a brief study to see if the traffic warrants are adequate to require automatic sig- nalization at this crossing. He further requested that the Minutes show the City would require automatic signalization if the warrants so justify. Deputy City Attorney Hard stated that no further agree- ment was necessary as Ordinance #534, Section 6, states that all work shall be in accordance with all rules, regulations, ordinances, and statutes and shall be under the supervision and inspection of the City Engineer and they are bound by this Ordinance. MOVED BY HILL, SECONDED BY VAN DUSEN, TO ACCEPT THE RECOMMENDATIONS OF STEVE HALL REGARDING SIGNALIZATION OF THE RAILROAD CROSSING. CARRIED, WITH MS. HARRIS VOTING NO. MOVED BY TRAYNOR, SECONDED BY HILL, THAT ORDINANCE #972 BE ADOPTED AS READ. Discussion as to the 48 inch storm drain crossing under the railroad ensued. Mr. Steve Hall stated they hoped the timing would be right so the storm drain (LID #27) could be installed at the TUKWILA CITY COUNCIL REGULAR MEETING May 17, 1976 Page 3 SECOND READING OF ORDINANCES Contd. Ord. 972 Relocation of rail- road crossing on Southcenter Blvd. Contd. FIRST READING OF ORDINANCES Ord. 973 Establishing Community Develop- ment Planning Department Ord. 974 Amending Sec. 3 of Budget Ord. #957 Proposed Ord. Estab. Consolidated LID #21 -22 -24 RESOLUTIONS Res. 540 Authorizing Mayor to Execute Adden- dum to Agreement w /City of Renton same time as the relocation of the railroad crossing. The question was raised if this construction would increase the cost of the LID. Mr. Hall stated the cost of the LID already includes one crossing with the railroad and explained the proposed construction. *CARRIED, WITH MS. HARRIS VOTING N0. 6 YES VOTES CAST FOR ORDINANCE #972. Councilwoman Harris suggested having an ordinance drawn that Benaroya and /or the railroad shall pay any increased costs to protect the storm drain lines in LID #27. MOVED BY TRAYNOR, SECONDED BY HILL, TO HAVE THE ADMINISTRATION DRAW UP AN ORDINANCE FOR THE NEXT COUNCIL MEETING. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ. CARRIED. Deputy Attorney Hard read the proposed ordinance establishing an office of Community Development and Planning and re- vising Section 2.12.020 of the Tukwila Municipal Code, Chapter 2.12. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE RULES BE SUSPENDED FOR A SECOND READING AND ORDINANCE #973 BE ADOPTED AS READ. MOVED BY HILL, SECONDED BY VAN DUSEN, TO AMEND THE ORDINANCE TO ADD ITEM (d) UNDER SECTION 6. DUTIES, TO READ "HE SHALL EXERCISE GENERAL SUPERVISION OVER EQUIPMENT, REPAIR, AND RENTAL OF ALL CITY VEHICLES." CARRIED. MOVED BY HARRIS, SECONDED BY SAUL, TO AMEND THE ORDINANCE DELETING THE BUILDING DEPARTMENT FROM THE COMMUNITY DEVELOPMENT AND PLANNING DEPART- MENT. MOTION FAILED, WITH MS. HARRIS AND SAUL VOTING YES. MOVED BY HARRIS, SECONDED BY SAUL, TO AMEND THE ORDINANCE CHANGING THE WORD "MAYOR" TO "ORDINANCE" IN THE LAST LINE OF SECTION 1. MOTION FAILED, WITH MS. HARRIS AND SAUL VOTING YES. MOVED BY HARRIS, SECONDED BY SAUL, TO AMEND THE ORDINANCE ADDING THE WORDS "SUBJECT TO THE RECOMMENDATION OF THE PARK BOARD" TO SECTION 3 (c). CARRIED. *ORIGINAL MOTION CARRIED, AS AMENDED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Deputy City Attorney Hard read proposed ordinance amending Section 3 of Budget Ordinance #957 by reference, transferring appropriations within and between budgeted funds to accomodate financial contract compliance as set forth in Resolutions Numbered 508, 531, and 539, and other financial adjustments deemed necessary for the efficient operation of the government of the City of Tukwila. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE RULES BE SUSPENDED FOR SECOND READING AND THAT ORDINANCE NO. 974 BE ADOPTED AS READ. CARRIED. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE PROPOSED ORDINANCE BE PLACED ON FIRST READING BY TITLE ONLY AND REFERRED TO THE COMMITTEE OF THE WHOLE MEETING OF MAY 24, 1976. CARRIED. Deputy City Attorney Hard read the ordinance establishing Consolidated Local Improvement District No. 21 -22 -24 and "Consolidated Local Improvement Fund, District No. 21- 22 -24 and fixing the amount, form, date, interest rate, maturity and denominations of the Consolidated Local Improvement District No. 21 -22 -24 Bonds and directing the issuance and sale thereof to Foster Marshall Inc. of Seattle, Washington. MOVED BY TRAYNOR, SECONDED BY PESICKA, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Deputy Attorney Hard read the proposed resolution authorizing the Mayor to execute addendum to agreement dated August 7, 1975, between City of Tukwila and City of Renton. Resolution concern the City of Renton imposing its customary use fees as same TUKWILA CITY COUNCIL REGULAR MEETING May 17, 1976 Page 4 RESOLUTIONS Contd. Res. 540 Authorizing Mayor to Execute Adden- dum to Agreement w /City of Renton Contd. Res. 541 Auth. Mayor to execute agreement w /Mithun Assoc. as architects for City Hall DEPARTMENT REPORTS City Treasurer's Monthly Report of Investments MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Caterpillar problems ADJOURNMENT 10:00 P.M. relate to users located within the City of Renton. MOVED BY TRAYNOR, SECONDED BY HILL, THAT RESOLUTION #540 BE ADOPTED AS READ. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE PROPOSED RESOLUTION BE READ. CARRIED. Deputy Attorney Hard read proposed resolution author- izing the Mayor to execute an agreement with Mithun Associates as architects for City Hall. MOVED BY HILL, SECONDED BY PESICKA, THAT THE RULES BE SUSPENDED FOR SECOND READING AND THAT RESOLUTION #541 BE ADOPTED AS READ. MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, TO AMEND THE MOTION TO EXCUSE COUNCILMAN GARDNER FROM VOTING DUE TO CONFLICT OF INTEREST. CARRIED. *ORIGINAL MOTION CARRIED, AS AMENDED. The City Treasurer's monthly Report of Investments reflected purchases during April of $2,050,000.00, sales during the same period of $2,250,129.45, with interest income of $9,899.81. Mayor Bauch made several announcements and reported on current events that are of interest to the citizens of Tukwila. Councilwoman Harris noted her concern with the increased number of children on skate boards on our public streets. She requested the Mayor work with Chief Sheets to make the public aware of this danger. Mayor Bauch stated they are already looking into this matter. Mr. Regel, audience, noted the problem of caterpillars on private property as well as City right -of -way. Steve Hall, Public Works Director, stated that they do not have the manpower nor the time to allow thorough control and that the City forces maintain only City property. Mr. Regel suggested an ordinance to help control the problem. MOVED BY HILL, SECONDED BY SAUL, THAT THE MEETING ADJOURN, 10:00 P.M. CARRIED. Edgar D V Bauch, Mayor Max ne Anderson, City Clerk Pro Tem