HomeMy WebLinkAbout1979-03-05 Regular MinutesTUKWILA CITY COUNCIL
March 5, 1979 Tukwila City Hall
Council Chambers
7:00 P.M.
FLAG SALUTE AND
CALL TO ORDER
ROLL CALL OF
COUNCIL MEMBERS
OFFICIALS IN
ATTENDANCE
MINUTE APPROVAL
VOUCHER APPROVAL
7:05 P.M.
Council President
Pro -Tem
BID OPENINGS AND AWARDS
Bid Award
Deferred Phase
of 1978 Street
Improvement
Project
c 2 399
Regular Meeting
M I N U T E S
Mayor Bauch, presiding, led the Pledge of Allegiance and called
the Regular Meeting of the Tukwila City Council to order.
MABEL J. HARRIS, J. REID JOHANSON, DANIEL J. SAUL, DWAYNE D.
TRAYNOR.
MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT THOSE COUNCIL MEMBERS
NOT PRESENT THIS EVENING BE EXCUSED. MOTION CARRIED.
LAWRENCE E. HARD, City Attorney; KJELL STOKNES, OCD Director;
TERENCE MONAGHAN, Public Works Director; MAXINE ANDERSON, City Clerk.
MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE MINUTES OF THE
REGULAR MEETING OF FEBRUARY 20, 1979, BE APPROVED AS PUBLISHED.
MOTION CARRIED.
MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE VOUCHERS BE
ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.
MOTION CARRIED.
Claims Fund Vouchers #2055 #2213
Current Fund
Golf Crse.Spec. Rev.
Street Fund
Fed. Shared Revenue
Land Acq,Bldg,Dev.
Foster Golf Acq,etc.
Water Fund
Sewer Fund
2055 -2166
2167-
2168 -2181 -2177)
2182 -2184
2185 -2186
2187-
2188 -2202 +2177)
2203 -2212
LID 27 C56/2213 $88.56 (no Revenue warrant special funding)
Councilman Hill arrived at the meeting.
*MOTION CARRIED.
$44,961.75
2,708.00
8,279.36
1,981.19
4,740.56
214.50
10,353.91
5,897.45
$79,136.72
MOVED BY SAUL, SECONDED BY HILL, THAT COUNCILMAN TRAYNOR SERVE
AS COUNCIL PRESIDENT PRO -TEM TO APPROVE THE VOUCHERS WHERE
NECESSARY. MOTION CARRIED.
Terry Monaghan, Public Works Director, reported that on
February 14, 1979, six bids were received and opened for
construction of the deferred phase of the 1978 Street Improvement
project (South 147th and 56th Avenue South). A low bid of
$305,594 was submitted by Pacific Construction Company of
Kent. It is intended that construction begin about April 15,
1979, and be completed the end of July. If the bid is accepted,
additional funding of $57,494 will have to be allocated to
the project. Mr. Monaghan recommended that the bid be accepted
and the contract awarded to Pacific Construction Company.
MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCIL ACCEPT THE
RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR AND AWARD THE BID
TO PACIFIC CONSTRUCTION COMPANY.*
Mayor Bauch said he will be back to Council with a budget
amendment to appropriate unappropriated funds to cover the
short fall.
Councilman Traynor asked if the completion time is included in
the contract. Mr. Monaghan said the contract states 100 days
and there is a penalty clause of $200 per day.
URS COMPANY B /ODER
CO `"a' Ae
NA me a
5/0 TABULATION SHEET ADDRESS
CALLED ST City of Tukwila, Washington 1 TOTAL I 1 I
FOR Stzeet imp t Project S. 147th
Street and 56th Avenue S. IMO 47/AR.INtEE1 5% I 56 I
DATE February 13, 1979
AT City Ball at City of Tukwila I7/AF 727 573A7I 1 I
CENT /P7ED lisHULA770N OF BIOS R£C'D.inme 1 I
BY: >'st.,/ art- Z /4/77InAe 1 I
"Ail /rEM DESCRIPT /ON 1QUANIITYIUNITS 1 Arc, 1 AMOUNT 1 PR/C£ 1 AMOUNT 1 PRICE I RMQINT
1 I Common Excavation Including Raul 15,100 IC.Y. 1 5.251 26,775.001 6.001 30,600.00 4.95
2 I dank Run Gravel. Class 8 12,400 !Ten 1 5.04 12,000.001 6.501 15,600,09 5.10
3 1 Asphalt Concrete Drivwlav Replamast 1 620 18.Y. I 8.01• 4,960.001 10.00l 6.200.00 13.30
Cement Concrete Curb Cluster, 14,730 17..1. I 4.44 20,812.001 5.001 23,650.09 5.35
4 TYpee 1 4
Cement Concrete Driveway, (6' thick) 1 570 IS y. 1 12.04 6,120.001 16.09 8,160.09 18.40
9 Cont 0 800 5.
C 4 Co nereu ri vewa y 1 114c."8" 1 465 15 V 1 12.04 5.580.001 16.Od 7,440.0d 23.45
6 (6' Thickl Clan D 5 (1 -1(71
1 60 1L.F. 1 50.04 3,000.001 50.04 3,000.01 75.00
1 8 1 Cement Sidewalk, ITT. E 1 1,400 E.S. 1 9.01 12,600.001 12.5(1 17,500.04 11.75
9 1 Furnish monument, OVer Furnish and Install 1 3 so 1 100.04 300.001 100.04 300.01 115.00
10 1 WSGeade�`�4 Manholes or catch Basin. 1 7 as I 160.04 1,120.001 200.0 1,400.01 184.00
11 1
Adjust Existing Water Valve Bosea 1 7 1 75.04 525.001 70.0 490.04 75.00
12 Eire ovdreat Aaseebiv 1 3 Ea. 1 1800.04 5.400.001 1800.0(1 5,400.041725.00
13 Relocate Exintinn Hydrant 1 1 Ea. 1 800.04 800.001 500.04 500.04 400.00
14 1 Ton Soil 71 B, In Piece 1 350 C.Y. 1 1z.o1 4,200.001 11.04 3.050.04 14.30
15 e- -mill Gravel 1 800 C.Y. 1 10.001 8.000.001 8.00 6,400.001 6.00
16 8° Culvert Pipe, In Place 1 311 L.Y. 1 18.001 5.598.001 10.00 3.110.001 10.80
17 12•. Culvert Pine. In Place 11,638 L.P. 1 15.001 24,570.001 17.00 26,665.001 20.00
18 Catch Basins. Type I-C 1 12 Ea. 1 700.001 8.400.001 700.00 8,400.001 640.00
19 0*5-0 Basins, Type II-0 1 2 Ea. 11000.001 2,000.0011100.00 .2,200.0011410.00
20 Islets, Tyne IV-C 1 20 Ea. 1 500.001 10.000.001 500.00 10,000.001 460.00
121 Lower Exintrna water Maine 1 525 L.F. 11 3.001 1,575.001 8.00 4.200.001 8.65
22 Rock Rstainina Wall 1 760 5.7. 11 55.001 41,800.00 50.00 38,000.001 44.30
1 300 LA.. I' 15.001 4,500.00 13.00 3.900.001 12.00
1 1.7 Been Guard Rail. Type 1
24 Roof and Yazd Drain Connections 1 500 L.Y. 1 3.001 1.500.00 4.001 2.000.001 8.00
25 Chain Link Penes. 3 feet high 1 700 L,P_ 1 7.171 5,019.00 7.001 4.900.001 6.901
26 C.. Mall. 14477 56th Avenue Se. I 1 L,S, 1■7200.001 720000 7000.001 7.000.0019800.001
27 Concrete Wall. '4218 Sith Ave, se_ 1 1 r 6,820.00 4000.001 4,000.0015300.001
uS 56t)t Avenue So. 1 1 I _,s_ 11350.001 5,350.00110000.001 10,000.00113900.001
s„ 1 1 I r a 15500.001 5.500.00 1000.001 1.000.0011675.00
1 580 1L.P. 1 4.001 2.320.00 5.001 2,900.001 4.95
1 800 Is v 1 2.501 2,000.00 4.001 3.200.001 3.95
179../141.62..1.1.500.001 1
600.00 1000.001 400.001400,00
1
1 7 Cement Concrete Stews
30 Remove and Relocate Edstina Pence
ALTERNATE A
33.A1 Crue.ed Surfacing. Top Course 1 200
134 -A Asphalt Treated Bass 1 1.700
35.A1 Asphalt Concrete P. Class 8 1 900
1
TOTAL ALTERBATE A 1
TOTAL ALTERCATE 8
TOTAL BA82C SID PLUS ALTEBWIT3 A
TOTAL BASIC BID PLUS AL.... -u 8
II
1 1 1 1.246.944.00
1 1
1
*ALTE ALTERNATE 8 1
RNATE
Surfacing. Top and ease Course 12.500
34.81 Asphalt Class B 11.300
Tons
Tons
Tons
Tofu
Irma
Pacific Const. Co. Gary Merlin west Coast Const.
Const. Co. Co., Int.
8801 South 218th 9125 10th South P.O. Box 419
Rent, WA 98031 Seattle, WA 96108 Woodinville, 98 qp
072
15.00
19.50
25.00
/1.00
2 5.0(1
3,000.0
33,150.0
22,500.0
10.00
18.25
22.00
58,600.0
500.0o1 4.50
30,500.001 1.0.50
1
60,000.01
•305,594.01
1
•306,944.04
1
*Error Corgected
1
1
1
56 1 54
25.245.00 6.50
12,240.00 6.50
8,246.00 5.00
25,305.00 4.00
9,384.00 14.00
10.904.25 14.00
4.500.00 11.00
16,450.00 10.50
345.00 100.00
1,288.00 250.00
525.00 100.00
5,175.00 3000.00
400.00 2000.00
5,005.00 12.00
4,800.00 7.50
3,356.60 15.00
32,760.00 17.00
7,680.00 600.00
2,820.00 1500.00
9,200.00 500.00
4,541.25
33,668.00
3,600.00
264.365.001 1 273,736.80
2,000.00
31,025.00
19,800.00
$52.625.00
12.601 2,520.00
18.201 30,940.00
22.001 19,800.00
53,260.00
Z 3 5 0 0 1 22,5100
29,E-50.4» 22.201 28,860.00
53,000.00
317.190.001
317,365
51,360.001
Watson Asphalt A.L. Alia Co. Valley Cement
Paving Co., Inc. 9215 Empire Way 5. Construction Inc.
19220 Y.E. 80th Seattle, WA 303 26th St. A.E.
Redmond, WA 98052 P.O. Box 03898002
PRICE
4,000.001 8.001
4.630.001 7.001
9,800.0017500.001
5,300.001
13,900.00 µ9375.O0
1,875.00 12500.001
2,871.001 5.001
3,160.001 7.051
560.00 800.001
1
326,996.801
325,096.801
30.001 15,750.00
48.00 36,480.00
17.501 5,250.00
15.00
17.50
24.00
10.00
AASOUNT 1 PR /CE
33.150.001 8.45
15,600.001 7.00
3.100.001 8.00
18,920.001 6.25
7,140.001 15.61
6,510.001 18.00
660.00 40.00
14,700.00 14.00
300.00 150.00
1,750.00 200.00
700.00 100.00
9,000.00 1200.00
2,000.00 700.00
4.200.00 15.00
6,000.00 8.00
4,665.00 12.00
27,646.00 15.50
7,200.00 500.00
3,000.00 700.00
10,000.00 450.00
7.00
65.00
25.00
4,000.00 8.00
4,900.00 8.00
7,500.00 8000.00
6.250.00 4500.00
19,375.0042000.00
2,500.00 2800.00
2,900.00 5.00
5.600.00
320.00
287,266.00
3,000.00
29,750.00
21,600.00
54,350.00
25,000.00
24.00 31,200.00
1 56,200.00
341,616.00
1 343,466.00
4.001 3,200.00
500.001 200.00
.300.544.60
7.00 1,400.00
I8.00
21.50
8.00
22.00
56
51,350.00
20,000.00
28,600.00 1
48.600.00 1
•351.394.60 1
1
1.349.144.60
1
1 1
I I
I 1
54
AMOUNT MICE 1 AMOUNT 1
43.095.001 14.001 71.400.001
16,800.00! 6.251 15,000.001
4,960.001 8.00! 4,960.001
29,562.501 4.50 21,285.001
7,961.10 15.00 7,650.001
8,370.00 17.00 7,905.001
2.405.55 20.00 1.200.001
19,600.00 14.00 19,600.001
451.00 100.00 300.001
1,403.00 150.00 1,050.00'
703.00 75.00 525.001
3,600.00 1900.00 5,700.001
70).00 600.001 600.001
5.250.00 20.001 7.000.001
6,400.00 10.001 8,000.00l
•3,732.00 9.001 2,771.001
25,389.00 12.001 19.656.001
6,000.00 650.001 7,800.001
1,401.00 800.001 1.600.00!
9,000.00 sso.ocl 11,000.001
•3,875.0/. 7.001 3,675.00f
49,400.00 50.001 38,000.001
7,500.00 13.001 3,900.001
4,000.00 5.00 2,500.001
5,600.00 6.90 4.200.001
8,000.00 6000.00 6,000.00
4,500.00 3600.00 3,600.00
12,000.00 7500.00 7,500.00
2,900.00 2800.00 2,800.00
2,300.00 10.00 5,800.00
5.00 4,000.00
2000.00 800.00
297,805.00
10.001 2,000.00
30,600.001 19.72 33.524.00
19,350.00 23.85 21,465.00
56.989.00
9.00 22,500.00
24.00 31.200.00
53.700.00
354.794.00
351,505.00
TUKWILA CITY COUNCIL, REGULAR MEETING
March. 5, 1979
Page 2
APPOINTMENTS
Appointment to
Planning Commission
Joseph Orrico
Appointment to
Park Commission
Wayne E. Nelson
CITIZEN'S COMMENTS
Request for
reconsideration
of Item 10,
Ordinance #743
PROCLAMATION:
International
Year of the Child
Acceptance of
Trails Projects
Letter was read for the record from Mayor Bauch appointing
Mr. Joseph Orrico, 13765 56th Avenue South, to Position No.
2 on the Tukwila Planning Commission. The term expires
January 1, 1982. The vacancy was created by the resignation
of Mr. Richard Bowen.
MOVED BY HARRIS, SECONDED BY HILL, THAT COUNCIL CONCUR WITH
THE RECOMMENDATION OF THE MAYOR AND APPROVE MR. JOSEPH ORRICO
FOR POSITION NO. 2 ON THE TUKWILA PLANNING COMMISSION.
MOTION CARRIED.
Letter from Mayor Bauch was read for the record appointing
Mr. Wayne E. Nelson, 14722 58th Avenue South, to Position
No. 1 on the Tukwila Park Commission. The vacancy was
created when Mrs. June Kitting moved from the City.
MOVED BY TRAYNOR, SECONDED BY HILL, THAT COUNCIL CONCUR WITH
THE MAYOR'S RECOMMENDATION OF MR. WAYNE E. NELSON TO THE
TUKWILA PARK COMMISSION. MOTION CARRIED.
Letter from Gerald and Donna McLees was read for the record.
They are requesting that Council reconsider Item 10 of
Ordinance #743. It pertains to a minimum setback of fifty
feet. The relationship of their building to the existing
street level (Macadam Road) has prompted their request.
They invite Council and Planning Department to visit the site
at 4512 South 134th Place.
Mr. McLees presented pictures to Council illustrating their
request.
Councilman Hill suggested this item be placed in the Committee
of the Whole for further review. The procedure to follow
on this request was discussed. Councilman Hill asked Attorney
Hard if the Board of Adjustment can overrule the provisions of
an ordinance. Attorney Hard said he has not considered this
before but would be glad to research. Council has delegated
the Board to administer the policies set forth.
MOVED BY HILL, SECONDED BY SAUL, THAT THIS ITEM BE REFERRED
TO THE COMMITTEE OF THE WHOLE OF MARCH 12th AND HAVE AN
ANSWER FROM THE CITY ATTORNEY AT THAT MEETING. MOTION CARRIED.
PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS
Mayor Bauch presented a signed copy of the Proclamation to
Jacqualine and Renee Duffy. The girls are members of Girl
Scout Troop No. 230.
PROCLAMATION: Proclamation, signed by Mayor Bauch, was read. It states,
Girl Scout Week "BY VIRTUE OF THE AUTHORITY VESTED IN ME AS MAYOR OF THE CITY
OF TUKWILA I DO HEREBY PROCLAIM MARCH 11 THROUGH 17 AS GIRL
SCOUT WEEK."
Proclamation, signed by Mayor Bauch, was read. The proclamation
states, "1979 marks the 20th anniversary of the Declaration of
the Rights of Children, and in commemoration of this special
anniversary, the United Nations General Assembly has declared
1979 to be the 'International Year of the Child.'
NOW, THEREFORE, I, EDGAR D. BAUCH, MAYOR OF THE CITY OF TUKWILA,
WASHINGTON, DO HEREBY PROCLAIM 1979 AS THE INTERNATIONAL YEAR
OF THE CHILD."
As stated in a memo from Don Williams, Recreation Supervisor,
Vanco Recreation, Inc. has completed the work on the three
current trail projects. Adjusted contract costs are as follows:
TUKWILA CITY COUNCIL, REGULAR MEETING
March 5, 1979
Page 3
PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont.
Acceptance of
Trails Projects
RESOLUTIONS
Resolution #674
Fixing the time
when the petition
will be heard on
the vacation of a
street (Southcenter
Blvd. at 52nd So.)
Resolution #675
Authorizing the
Mayor to enter into
an agreement with
Entranco Engineers,
Inc. for a compre-
hensive transpor-
tation study
Proposed Resolution
Authorizing the
Mayor to enter into
a Relinquishment
Agreement with the
State of Washington
Federal Revenue Trails $16,277.71
Block Grant Trails $20,388.64
Christensen Greenbelt $47,880.50
Sales Tax not included
MOVED BY SAUL, SECONDED BY TRAYNOR, THAT COUNCIL ACCEPT THE
CHRISTENSEN GREENBELT, THE FEDERAL REVENUE AND THE BLOCK GRANT
TRAILS. MOTION CARRIED.
MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION
BE READ. MOTION CARRIED.
City Attorney Hard read a resolution of the City of Tukwila,
Washington, fixing the time when the petition will be heard
on the vacation of a street.
MOVED BY TRAYNOR, SECONDED BY HILL, THAT RESOLUTION N0. 674
BE ADOPTED AS READ. MOTION CARRIED.
MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION
BE READ. MOTION CARRIED.
City Attorney Hard read a resolution of the City of Tukwila,
Washington, authorizing the Mayor to enter into an agreement
with Entranco Engineers, Inc. for a Comprehensive Traffic
Study.
MOVED BY HARRIS, SECONDED BY HILL, THAT RESOLUTION NO. 675
BE ADOPTED AS READ.*
Councilman Hill said that he hoped the study would not just
tell where the traffic problems are but how to solve them.
We are looking for solutions.
4/a
MOVED BY HARRIS, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION
BE AMENDED BY CHANGING THE WORD "TRAFFIC" TO "TRANSPORTATION"
WHERE EVER IT APPEARS. MOTION CARRIED.
Councilman Traynor said the first paragraph reflects what Council
is expecting "to provide for safer and more efficient transpor-
tation of pedestrians and vehicles throughout the City."
Mayor Bauch noted that this budgeted item has a shortfall
amounting to $7,800 and will be included in a budget amendment.
Mr. Monaghan said the study will have two phases -a short -term
phase which will address short -term problems and solutions and
a long -range plan to 1990.
Councilman Hill asked if, through this study, the City can control
traffic through the residential area by proper planning. Mr.
Monaghan said the issue will very definitely be discussed.
As a result of this study, the Six Year Street Program will
probably be altered.
Councilman Johanson asked if aerial photographs will be taken.
Mr. Monaghan said the last ones the City has were done in 1971
and it would be helpful to have current ones.
*MOTION CARRIED.
Mayor Bauch recommended that this item be placed in the Public
Works Committee.
MOVED BY SAUL, SECONDED BY HILL, THAT THIS ITEM BE REFERRED TO
THE PUBLIC WORKS COMMITTEE. MOTION CARRIED.
TUKWILA CITY COUNCIL
March 5, 1979
Page 4
RESOLUTIONS Cont.
Proposed Resolution
Accepting a petition
for annexation from
an area known as
"Allentown"
DEPARTMENT REPORTS
Mayor's Report
Surplus Capital
Equipment
MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION
BE READ BY TITLE ONLY. MOTION CARRIED.
City Attorney Hard read a resolution of the City of Tukwila,
Washington, accepting and approving a petition for annexation
and authorizing the commencement of an annexation, proceeding
by the election method of a portion of the unincorporated
planning area known as "Allentown," and referring the question
of a proposed zoning regulation to the Planning Commission.
MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION
BE ADOPTED AS READ.*
Councilman Hill asked if the people realize how long it will
take if this annexation is done with the zoning designations
completed. He asked Mr. Gomez, audience, if the petitioners
would reconsider and come in to the City unclassified. Mr.
Gomez said they do not want to see this drawn out for another
year, however, the people would like to have it done that
way. If it would mean shortening the time they could withdraw
the request and come in unclassified.
Mr. Stoknes explained that if it were unclassified it could
probably be done in two months after adoption of the Resolution.
If the zoning is put on the property, by the time it gets
through the Planning Commission and back to the Council it
would probably be the end of August.
Councilman Traynor expressed concern that if the Riverton
annexation fails and this one goes through it will cause
very uneven boundaries. If we go with the designated zoning
the City could spend a lot of time on an annexation and then
have it fail.
Councilman Johanson asked if the Resolution can be changed
should the petitioners choose to come in unclassified.
Mayor Bauch noted that the petition does not address the zoning
request -it came as a verbal request from the floor at the
last Committee of the Whole meeting.
Attorney Hard said if this is the case, he believes the
Council has the power to establish which method they choose.
Councilman Johanson said if Council rejects this they reject
the petition; if they accept this then we refer it to the
Planning Commission. He suggested that Council take no action
tonight.
Mr. Stoknes said that he has talked with Mr. Gomez and he said
they would rather have Section 5 changed to say "conduct public
hearings on the unclassified use" than have the annexation
petition refused because of the zoning conversion.
*MOVED BY HILL, SECONDED BY JOHANSON, THAT THIS RESOLUTION BE
TABLED.
Mayor Bauch said the Resolution would be on the agenda for the
next Committee of the Whole Meeting.
*MOTION CARRIED.
Mayor Bauch explained that there are several capital equipment
items in the City that are not being used. These items are
the offset press, addressograph, furniture, riding lawn mower
and miscellaneous small items. He recommended that they be
declared surplus and disposed of.
TUKWILA CITY COUNCIL, REGULAR MEETING
March 5, 1979
Page 5
DEPARTMENT REPORTS Cont.
Mayor's Report
Surplus Capital
Equipment
Capital Equipment
Purchase
Council
Committees
City Attorney
MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS
Jerry Knutson,
audience
MOVED BY HARRIS, SECONDED BY HILL, THAT THE ITEMS NO LONGER IN
USE BE SURPLUSSED AND THE NECESSARY STEPS BE TAKEN TO DISPOSE
OF THEM. MOTION CARRIED.
Mayor Bauch said there were still some items for City Hall
that need to be purchased and are not included in the 1979
Budget. They are overhead projector ($1,400), offset press
($5,000), and a display case for the Police Department Lobby
($250).
MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THESE ITEMS BE INCLUDED
IN A BUDGET ADJUSTMENT ORDINANCE.*
Councilman Johanson asked what was wrong with the offset press
the City owns and was told that it was no longer operable.
Councilman Harris asked which Department would be responsible
for the care and operation of a new press. Mayor Bauch said
this is yet to be resolved and if it isn't the City won't buy it.
*MOTION CARRIED.
Mayor Bauch explained the use of the new Council Committee
referral form. If you need a Department Head at your meetings,
they would be glad to attend.
In the month of February the Supreme Court considered the
LID #28 Lawsuit important enough to hear. They can reverse
the decision of the two lower courts. It will probably be
November before the City gets their decision. Councilman
Harris asked if the City loses and the LID is thrown out, can
a new one be started. Atorney Hard said yes, and there are
other steps the City can take.
There has been a decision from the Court of Appeals in the
Firefighters Lawsuit. Attorney Hard said he would like to
discuss it in an Executive Session.
King County and Fiorito Partnership have filed a lawsuit
against the City. They are challenging the final assessment
roll for LID #25.
Mr. Jerry Knutson said he is a property owner on Interurban
Avenue and operates a business from the site. He asked
about the selective process the City has in suing property
owners for having building materials or debris. He said he
has taken many pictures along the corridor strip and has
not talked to any other property owner who has been threatened
with a lawsuit over the piling of their debris. How is this
selection made?
Attorney Hard said the decision is his on whether or not
something is a nuisance the City should take action on. We
are trying to enforce all the laws in the City and,as problems
arise,we will prosecute. He said he relies on information
from the employees of the City. He is getting more and more
calls on this type of thing and expects to file more actions.
It is a problem the City is concerned about.
Mr. Knutson said he has lived in the City a great number of
years and plans to stay here. He believes in Democracy and
believes a lot of things can be done out of the court system.
The manner in which you approach a person has a great deal to
do with his response. When there is just a direct demand for
TUKWILA CITY COUNCIL, REGULAR MEETING
March 5, 1979
Page 6
MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont.
Jerry Knutson,
audience
ADJOURNMENT
a $1,000 fine and jail sentence for depositing some type of
material on property, the person is going to take a stand
and fight it. He said he hopes, with other people, the
City does not antagonize them as much as he has been antagonized.
Mayor Bauch said he believes that the City records show this
was not done on the spur of the moment.
Mr. Knutson said he was waiting to get equipment in so he
could cut some trees down that the City Maintenance Crew
has asked him to have removed. He said he had asked for
an extension of time and before that time was up he received
the notice of a suit from the City Attorney. Mayor Bauch
said he believed eight or nine months has elapsed since this
first started.
EXECUTIVE SESSION: MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL GO INTO EXECUTIVE
8:30 P.M. SESSION AFTER A TEN MINUTE RECESS. MOTION CARRIED.
Executive Session called to discuss the Firefighters Lawsuit.
9:10 MOVED BY HILL, SECONDED BY SAUL, THAT THE EXECUTIVE SESSION
BE CLOSED. MOTION CARRIED.
Mayor Bauch called the regular meeting back to order.
MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE CITY ATTORNEY
IS AUTHORIZED TO APPEAL THE COURT OF APPEALS DECISION IN
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LAWSUIT.
MOTION CARRIED.
9:15 P.M. MOVED BY HARRIS, SECONDED BY HILL, THAT THE REGULAR MEETING
OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED.
z'ofw.
Mayor
City C1'erk