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HomeMy WebLinkAbout1979-06-04 Regular MinutesTUKWILA CITY COUNCIL June 4, 1979 Tukwila City Hall 7:00 P.M. Council Chambers FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL Formal Motion #79-06 Relating to the use of City owned vehicles 7:08 P.M. NEW BUSINESS Concurrence with Consultant Agree- ment to provide preliminary and final design for Grady Way Bridge replacement 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. LIONEL C. BOHRER, Council President; MABEL J. HARRIS, GEORGE D. HILL, DANIEL J. SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN. LAWRENCE E. HARD, City Attorney; JOHN SHEETS, Police Chief; MAXINE ANDERSON, City Clerk. MOVED BY BOHRER, SECONDED BY SAUL,THAT THE MINUTES OF THE REGULAR MEETING OF MAY 21, 1979, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Current Fund Golf Crse. Spec. Rev. Street Fund Fed. Shared Revenue Land Acq, Bldg, Dev. Golf Acq. Improve. Water Fund Sewer Fund PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE PROPOSED FORMAL MOTION BE READ. MOTION CARRIED. City Attorney Hard read a formal motion of the Tukwila City Council relating to the use of City owned vehicles. MOVED BY HARRIS, SECONDED BY SAUL, THAT FORMAL MOTION NO. 79 -06 BE ADOPTED AS READ.* MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT SECTION 2 OF THE FORMAL MOTION BE AMENDED TO READ "SHALL BE PURCHASED, WHERE FEASIBLE, IN BULK QUANTITIES." MOTION CARRIED. *MOTION CARRIED. Claims Fund Vouchers #3019 #3139 3019 -3106 3107 -3108 3109 -3118 3119- 3120 -3122 3123- 3124 -3132 3133 -3139 Councilman Johanson arrived at the meeting. 32,462.62 3,806.20 87,977.54 794.95 1,793.28 16.50 7,434.19 5,206.73 $139,492.01 MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT COUNCIL CONCUR WITH THE PROPOSED DRAFT CONSULTANT AGREEMENT FOR DESIGN OF THE GRADY WAY BRIDGE REPLACEMENT AND AUTHORIZED THE MAYOR OF RENTON TO SIGN ON BEHALF OF THE CITY OF TUKWILA.* Councilman Van Dusen asked if there is a conflict over the three proposals and the ratio of costs is it resolved in this agreement? Mayor Bauch said if it comes to an unresolvable conflict we can withdraw as sponsor of the project. This means that somewhere along the line there will be some negotiations. Councilman Harris asked about Renton representing the City of Tukwila. Mayor Bauch said they administer but do not vote for the City. Both cities will vote on the location of the bridge. We are committed on the preliminary but not on the final design. TUKWILA CITY COUNCIL, REGULAR MEETING June 4, 1979 Page 2 NEW BUSINESS Cont. Concurrence with Consultant Agree- ment to provide preliminary and final design for Grady Way Bridge replacement Capital Improvements for Foster Golf Course ORDINANCES agr73 Councilman Van Dusen expressed concern that this bridge brings a lot of traffic to that intersection. It bothers him that it will be four lanes and bring more traffic at a faster rate. He hopes something can be done on the Tukwila end. Mayor Bauch recalled that throughout the Interlocal Agreement there is a joint partnership between the two cities. Councilman Bohrer cited the last paragraph of Section V and expressed concern whether this provides adequate time for review by the City with the Consultant and time for the two cities to render a joint decision on some of the issues that are involved. As an example, during Phase II a design study is being done on three alternatives. This will be an important decision point. It will be necessary to have very technical data to consider. Also, there is no provision made for public input on that decision. It seems more appropriate here than on the final plans. Councilman Bohrer recommended that there be public participation at the end of Phase II. Also, under 2.4, Page B -2, he wanted to be certain that the time between establishing the Public Hearing and conducting it is not a part of the 30 day period referred to in Section V. Mayor Bauch said the 30 day period is to break a stalemate and go into renegotiation or termination of the Agreement. Councilman Bohrer referred to the top of Page B -4: The estimates will be prepared using per square foot costs." He said he wanted to be sure that this was not just for the square foot of the structure but included right -of -way acquisition also. Mayor Bauch said they were told by URS that the design study is based on alternate I. The contract has to be renegotiated if alternate II or III is used. Councilman Bohrer recommended that right -of -way acquisition be added. He cited Item 9, "Select one alignment for final analysis in Phase III Design Report," and said it is not really a task and should be deleted. Mayor Bauch said these concerns will be transmitted to Mayor Delaurenti along with a copy of the motion. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL CONCUR WITH THE MAYOR'S RECOMMENDATIONS FOR IMPROVEMENTS AT FOSTER GOLF COURSE AS PRESENTED IN THE JUNE 1, 1979 MEMORANDUM.* Councilman Bohrer recommended that the drawings for the location of the golf cart paths be referred to the Park Board for review. Councilman Saul asked if cart paths ruin a golf course. Councilman Johanson said they generally reduce traffic on the fairways. Carts can be restricted to paths. They aren't pretty but they have a value. *MOTION CARRIED. Councilman Van Dusen explained that the following four ordinances have not been reviewed by the Public Safety Committee because of meeting problems. He asked the City Attorney what the problem is with the current ordinance on consuming intoxicants in public. Attorney Hard explained that the wording of the ordinance, as it was adopted, is unenforceable. TUKWILA CITY COUNCIL, June 4, 1979 Page 3 ORDINANCES Cont. Ordinance No. 1113 Relating to opening or consuming intoxi- cants in public Ordinance No. 1114 Relating to dis- orderly conduct Ordinance No. 1115 Relating to indecent exposure REGULAR MEETING MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. City Attorney Hard read an ordinance relating to opening or consuming intoxicants in public and prescribing penalties and repealing ordinance No. 1078. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT ORDINANCE NO. 1113 BE ADOPTED AS READ.* 44• Councilman Van Dusen said he would like to see the maximum penalty in these ordinances. Attorney Hard said Council has the right to do this but the judge does not have to award it. MOVED BY SAUL, SECONDED BY BOHRER, THAT THE PENALTY BE CHANGED TO READ $500 AND /OR IMPRISONMENT FOR NOT MORE THAN 90 DAYS. Mayor Bauch reminded Council that, regardless of what the penalty is, the fine is at the discretion of the judge. Councilman Bohrer asked if there are repeated offenses can the fine be increased. Attorney Hard said this is one of the things the judge takes into consideration in assessing the penalty. *MOTION CARRIED TO AMEND THE ORDINANCE WITH HARRIS AND JOHANSON VOTING NO. Councilman Bohrer asked the City Attorney for a definition of 'public place.' Attorney Hard said a public place is not only property owned by a public body but a place open by invitation or inference to public use. Courts have come to recognize the term 'public place' as having a broad definition. Councilman Hill asked if he invited all of his neighbors in for a party and they in turn brought others would his property be considered a public place. Attorney Hard said he doesn't think it possible for a person to make his private residence a public place. *MOTION CARRIED WITH JOHANSON VOTING NO. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila relating to disorderly conduct, prescribing penalties, and repealing Ordinance No. 570, Sections 1, 2, and 3 and amending Ordinance No. 989, 1. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT ORDINANCE NO. 1114 BE ADOPTED AS READ.* Councilman Van Dusen noted that this ordinance and the two following were drawn at the request of the Police Department to cover particular problems they have encountered. They were written by the City Attorney's office and have been carefully worded to make them enforceable. *MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila relating to indecent exposure and prescribing penalties, and repealing Ordinance No. 570, Section 10 and Ordinance No. 720. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT ORDINANCE NO. 1115 BE ADOPTED AS READ. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING June 4, 1979 Page 4 ORDINANCES Cont. Ordinance No. 1116- MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE Relating to BE READ BY TITLE ONLY. MOTION CARRIED. lewd conduct DEPARTMENT REPORTS Mayor's Report Attorney's Report MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS City Attorney Hard read an ordinance of the City of Tukwila relating to lewd conduct and prescribing penalties. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT ORDINANCE NO. 1116 BE ADOPTED AS READ.* MOVED BY BOHRER, SECONDED BY SAUL, THAT SECTION 1, ITEM C BE AMENDED TO ADD, AFTER THE WORD "GENITALS," THE WORDS "PUBIC AREA, OR BUTTOCKS." MOTION CARRIED. *MOTION CARRIED TO ADOPT THE ORDINANCE AS AMENDED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT IF THE HOLES DON'T HOLD FOR FIVE YEARS THE CITY WILL REPLACE THE FENCE t^JITH ONE FOOT HOLES. MOTION FAILED. a4 7s Mayor Bauch distributed the report from Wes Jorgenson, Junior Engineer, on the inspection and solutions to complaints expressed by residents on the 56th Avenue South Street Improvement Project at the May 29th Committee of the Whole Meeting. Councilman Van Dusen asked if the Gibsons were satisfied with the solution to their complaint. It was felt that they were. Councilman Saul questioned the replacement of Mr. Vacca's fence. If the depth of the post holes was 12 inches, they should be replaced the same. Mayor Bauch said he has explained the modern technique of installing fence posts to Mr. Vacca and he was satisfied. Councilman Van Dusen said he wanted to be sure he was happy with the solution. Councilman Bohrer explained that he voted no because he was afraid of establishing precedents that will continue to come back. Attorney Hard reported that today the State Supreme Court heard the argument on LID #28. It will take 4 to 6 months before their opinion is received. The County has not responded to the documents returned to them on LID #25. They do not seem to want to push this lawsuit. The purchase of the Independent Water Company is being held up due to them furnishing the deeds or easements for rights -of -way. Public Works Mayor Bauch explained that the 1979 Budget restricts the hiring of Maintenance replacements for personnel in the Public Works Maintenance Division Personnel until the total number of employees has been cut by two. We are now down the two employees. Terry Monaghan, Public Works Director, has asked approval to hire one employee. The work will not be done without the additional manpower. The maintenance crew is relocating the utilities along the Street Improvement Project in order to keep the project within the budget. The maintenance of the City Parks is at a low point. Mr. Monaghan has indicated he would like to hire the employee as a utility person not assigned to a specific division. Mayor Bauch asked for approval to proceed with this request. Councilman Van Dusen said he wanted to wait until he has some free time to check into this. Councilman Traynor said when summer is over we will not have enough work for the whole crew. Councilman Van Dusen said he would like to look into this further and suggested putting this item into the Finance and Personnel Committee. MOVED BY JOHANSON, SECONDED BY SAUL, THAT THIS ITEM BE PLACED IN THE FINANCE AND PERSONNEL COMMITTEE. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING June 4, 1979 Page 5 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Employee Service Mayor Bauch said he has been researching a motivation technique Pins for the City. He recommended that an employee service pin program be set up. Service pins would be presented to employees on a five year increment. To start the program and purchase pins through 1980 would cost $570 plus $139 for the die. There are 70 employees eligible for a service pin. The money would be paid out of Miscellaneous, non departmental. MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE COUNCIL CONCUR WITH THE RECOMMENDATION OF THE MAYOR. MOTION CARRIED. City Hall Signs Councilman Harris inquired if the new City Hall signs were being installed and was told that they were. ADJOURNMENT: 8:55 P.M. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Mayor ea" d 40,,d 'City Clerk