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Home My WebLink About1982-08-16 Regular MinutesTUKWILA CITY COUNCIL August 16, 1982 Tukwila City Hall 6:50 P.M. Council Chambers Regular Meeting 6:50 p.m. M I N U T E S Council called an Executive Session to consider the candidates interviewed the previous Monday for the vacant position of Councilman. 7:30 p.m. Executive Session closed. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS Mayor Van Dusen led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order at 7:35 p.m. GEORGE D. HILL, LIONEL C. BOHRER, Council President, MABEL J. HARRIS, DORIS E. PHELPS, JOE H. DUFFIE, EDGAR D. BAUCH. OFFICIALS IN LAWRENCE E. HARD, City Attorney; BRAD COLLINS, Planning Director; ATTENDANCE ALAN DOERSCHEL, Finance Director; PAT LOWERY, Police Chief; BYRON SNEVA, Public Works Director; JIM HOEL, Acting Fire Chief; MAXINE ANDERSON, City Clerk. Election of COUNCILMAN DUFFIE NOMINATED WENDY MORGAN TO FILL THE VACANT POSITION Council Member ON THE CITY COUNCIL. NOMINATION SECONDED BY PHELPS. REPORTS City Attorney CONSENT AGENDA COUNCILMAN BAUCH NOMINATED DAN SAUL TO FILL THE VACANT POSITION ON THE CITY COUNCIL. NOMINATION SECONDED BY HARRIS. MOVED BY HARRIS, SECONDED BY BOHRER, THAT THE NOMINATIONS BE CLOSED. MOTION CARRIED. ROLL CALL VOTE: HILL -WENDY MORGAN BOHRER -WENDY MORGAN HARRIS -WENDY MORGAN PHELPS -WENDY MORGAN DUFFIE -WENDY MORGAN BAUCH -DAN SAUL WENDY MORGAN IS ELECTED TO THE TUKWILA CITY COUNCIL. Maxine Anderson, City Clerk, administered the Oath of Office to Ms. Morgan and she was seated at the Council table. Mayor Van Dusen and Council President Bohrer welcomed the new Council Member. Council President Bohrer said that Council had an exceptional group of applicants to choose from and he thanked them for showing their interest in the City. Councilman Morgan thanked everyone for their support and assured them she will put her best effort into this. Dan Woo, Deputy City Attorney, explained that the City filed an appeal on August 5, 1982 against the Boundary Review Board's approval of the petition for incorporation of the City of Highline. This action automatically stays proceedings of the Boundary Review Board. This matter will not be on the ballot this fall. Four or five suits have been filed. The next step is to contact the other attorneys and request a transcript of the hearings and proceed from there. Councilman Phelps asked if it was possible to consolidate the legal actions, and Mr. Woo said it was. a. Approval of Minutes: August 2, 1982 b. Approval of Vouchers TUKWILA CITY COUNCIL, REGULAR MEETING August 16, 1982 Page 2 CONSENT AGENDA Continued Ordinance #1264 BID AWARDS Fire Station Roof Repair PUBLIC HEARINGS Joseph Foster Memorial Park Annexation Claims Fund Vouchers #12574 #12645 Current Fund 31,982.46 Golf Course Spec. Rev. 33,230.65 Street Fund 52,223.56 Water Fund 5,158.24 Sewer Fund 30,297.41 Unemployment Fund 4,030.24 $156,922.56 c IAC- McMicken Park Grant application, approval to seek grant. d An ordinance of the City of Tukwila amending the 1982 Budget as adopted to appropriate unanticipated Block Grant Funds. (For rehabilitation of the flat roof at the Community Center) e Clarifying the boundary between the Cities of Kent and Tukwila. (1) An ordinance of the City of Tukwila clarifying and bringing into conformance with State Law the legal description of the common boundary between the Cities of Kent and Tukwila. (2) An ordinance of the City of Tukwila amending Ord. #696 which annexed certain property to the south most boundary of the City of Tukwila. Councilman Bauch asked to have Item E removed from the Consent Agenda. MOVED BY DUFFIE, SECONDED BY PHELPS, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Council President Bohrer asked to have Item C withdrawn. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCIL ACCEPT THE RECOMMENDATION OF THE PUBLIC WORKS DEPARTMENT AND AWARD THE BID TO OCCIDENTAL ROOFING COMPANY IN THE AMOUNT OF $15,229.50. MOTION CARRIED. Approval to MOVED BY PHELPS, SECONDED BY HILL, THAT COUNCIL APPROVE THE update Fire AWARD TO UPDATE THE FIRE DEPARTMENT TO OMEGA COMPUTER IN THE Department AMOUNT OF $1,650 OF ADDITIONAL FUNDS.* Computer It was noted that the total cost will be $7,650 and be paid out of the Federal Revenue Sharing Funds. *MOTION CARRIED. Mayor Van Dusen advised Council that at the end of the Public Hearing they need to decide three items: 1. Simultaneous adoption of a proposed zoning regulation. '2. Assumption of all or of any portion of indebtedness. 3. If Council will accept an annexation petition. The Southcentral School Board desires that the property be annexed independent of any other properties. MAYOR VAN DUSEN DECLARED THE PUBLIC HEARING OPEN. After asking for comments and there being none, MAYOR VAN DUSEN CLOSED THE PUBLIC HEARING. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE CITY ATTORNEY RE- DRAFT THE PETITION INDICATING THAT THE PLANNING DIRECTOR WILL DESIGNATE THE ZONING FOR FACILITIES IN ACCORDANCE WITH THE 3 -)30 TUKWILA CITY COUNCIL, REGULAR MEETING August 16, 1982 Page 3 PUBLIC HEARINGS Cont. Joseph Foster Memorial Park Annexation (cont.) RECESS: 8:20 p.m.- 8:30 p.m. Consent Agenda Item e: Ordi- nance #1265 Bringing into conformance with State Law, the legal descrip. between Kent Tukwila Ordinance No. Amending Ord. Consent Agenda Item c: IAC- McMicken Park Grant Applic. NEW BUSINESS .Resolution #833 Authorizing Mayor to execute agree. for Youth Services Counselor NORMAL PROCEDURE, THAT THE AREA BE REQUIRED TO ACCEPT THE BONDED INDEBTEDNESS OF THE CITY AND THAT THE CITY ACCEPT THE PETITION.* MOVED BY BAUCH, SECONDED BY HARRIS, THAT THE MOTION BE AMENDED TO SHOW THE PROPERTY ZONED R -1 -20. MOTION CARRIED. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY DUFFIE, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Van Dusen called the Regular Meeting back to order with all Council Members present. Councilman Bauch offered that the railroad furnished the legals for the original annexation of their property to the City of Kent. Council President Bohrer noted that the area under question is now a park. MOVED BY HILL, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. City Attorney Hard read an ordinance of the City of Tukwila, Washington, clarifying and bringing into conformance with State Law the legal description of the common boundary be- tween the City of Tukwila and the City of Kent and amending Ordinance No. 269. MOVED BY HILL, SECONDED BY HARRIS, THAT ORDINANCE NO. 1265 BE ADOPTED AS READ. MOTION CARRIED WITH BAUCH VOTING NO. 1266- MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE #696 BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Washington, amending Ordinance No. 696 which annexed certain property to the south most boundary of the City of Tukwila. MOVED BY HILL, SECONDED BY HARRIS, THAT ORDINANCE NO. 1266 BE ADOPTED AS READ. MOTION CARRIED WITH BAUCH VOTING NO. MOVED BY BAUCH, SECONDED BY HARRIS, THAT THE ADMINISTRATION BE DIRECTED TO APPLY FOR AN IAC GRANT. MOTION CARRIED WITH BOHRER VOTING NO. 1 Council President Bohrer asked what the City intends to do with the grant money if it is received. Councilman Bauch noted that the park will be developed in phases. Councilman Phelps said the $104,000 would be used for Phase I which would make the area useful in a low maintenance, passive type of park. The grant ap- plication must be submitted now. Mayor Van Dusen said that a part time person will be hired to complete the park design and the plans will be submitted to Council upon completion. Council- man Hill said, at that time, maintenance personnel must be con- sidered. Mayor Van Dusen said the intent of this contract is to employ a person to serve as Youth Services Counselor. The project will be done in two phases. After Phase I, the results of the investi- gation on need for a Counselor will be returned to Council. The salary will be paid out of Non Departmental, Miscellaneous Services. It will take $4,000 to complete the anticipated project. TUKWILA CITY COUNCIL, REGULAR MEETING August 16, 1982 Page 4 NEW BUSINESS Cont. Resolution #833 Authorizing Mayor to execute agree. for Youth Services Counselor (cont.) Proposed Ordinance Establishing and regulating license fees for amusement centers devices Amend Agenda Budget Transfer Motion, Fire Dept. Roof Repair ADJOURNMENT 9:35 p.m. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Washington, authorizing the Mayor to execute an agreement for contractual services. )3c MOVED BY HILL, SECONDED BY DUFFIE, THAT RESOLUTION NO. 833 BE ADOPTED AS READ. MOTION CARRIED WITH HILL AND BOHRER VOTING NO. Councilman Duffie noted that when this started, the intent was to regulate just video games. Councilman Phelps said the Com- munity Affairs Committee felt this ordinance on video games was designed to be a control over the activity and a device by which the Police Department could enter a business while on patrol or investigation. Further, this ordinance was to be a source of revenue. Cris Crumbaugh, audience, said that three things should be primary in the ordinance. (1) It is a licensing device so that the Police have the opportunity to investigate and enforce. (2) The revenues collected are not a tax; it is a fund collected to provide enforcement processing. (3) This is a code that deals with licensing. The Zoning Ordinance definition of Amusement Center should be a different definition than this. They are two separate ordinances, but you have to keep your definitions con- sistent. Attorney Hard noted that the City needs to be very careful on the definition. He suggested the following definition for Section 1. (c) "Amusement device is any machine or device which provides recreation or entertainment, as a game of skill, for which a charge is made for use or play, and which is not a gambling de- vice or a device that encourages gambling, but does not include pool and billiard tables, shuffleboards, music machines, riding devices, television, and other devices for the display of pictures or views on film, nor does it include any machine or device used exclusively for the vending of tangible merchandise." MOVED BY PHELPS, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY AS AMENDED BY THE CITY ATTORNEY. MOTION CARRIED WITH HILL AND BOHRER VOTING NO. City Attorney Hard read an ordinance of the City of Tukwila, Washington, establishing and regulating license fees for amusement centers and amusement devices. MOVED BY HILL, SECONDED BY BOHRER, THAT THE PROPOSED ORDINANCE BE RETURNED TO THE COUNCIL COMMITTEES FOR FURTHER STUDY AND THEN REWRITING OF PARAGRAPH C BY THE CITY ATTORNEY. MOTION CARRIED WITH PHELPS AND HARRIS VOTING NO. MOVED BY BOHRER, SECONDED BY HILL, THAT THE AGENDA BE AMENDED TO INCLUDE A BUDTET TRANSFER MOTION. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE BUDGET TRANSFER MOTION TRANSFERRING FUNDS FOR EMERGENCY REPAIR OF THE FIRE DEPARTMENT ROOF BE APPROVED AS SUBMITTED.* It was determined by Council that there was incorrect budget coding on the Transfer Motion Form. *MOVED BY HILL, SECONDED BY DUFFIE, THAT THE BUDGET TRANSFER MOTION BE TABLED. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOU N 0 S> C Mayor C �C'I e r k