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HomeMy WebLinkAbout1973-10-09 Regular MinutesOctober 9, 1973 8:00 pm FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL ORDINANCES AND RESOLUTIONS Resolution #378 Authorizing Tukwila Police Department to participate RE: Cadet Program Resolution #379 Designating Consultants: Re: Master Shoreline Management Program TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall MI N U T E S Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. 489 CRAIN, TRAYNOR, JOHANSON, STERLING, GARDNER. MOVED BY STERLING, SECONDED BY JOHANSON, TO EXCUSE THE ABSENT COUNCILMEN. CARRIED. Councilman Hill arrived at 8:05 p.m. MOVED BY STERLING, SECONDED BY CRAIN, THAT THE MINUTES OF OCTOBER 1, 1973 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY CRAIN, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. City Clerk, Shirlee Kinney read a Resolution authorizing the Tukwila Police Department to partici- pate in Federal Law Enforcement Assistance Program administered by the Planning and Community Affairs Agency of the State of Washington. MOVED BY TRAYNOR, SECONDED BY STERLING, TO ADOPT RESOLUTION #378 AS READ AND IN ITS ENTIRETY.* Councilman Johanson asked if the Police Committee had met on this. Councilman Hill stated that there had been a couple of meetings and it was the consensus of the Police Committee to go ahead with this program. Mayor Todd noted, at this time, that in order to have accurate minutes of the Council meetings, it was necessary that only one Councilman speak at a time. Police Chief, John Sheets explained that this program was first brought up in 1971 and revised in April of 1972. The objective is to prevent juvenile crime in the Southcenter Mali. The second objective is to increase mobile patrol. He noted that this will free the Police to be more active in the Residential area. He noted that this will allow 18 year olds who are interested to partake in Police Service and that this might be a possible way of recruiting new Police Officers. Councilman Johanson asked if this program will be funded by the State of Washington. Chief Sheets stated that the Cadets will be paid by the Law Enforcement Administration and Community Affairs Agency and through the King County Council. Mayor Todd asked if any local tax dollars will be used for the program. Chief Sheets stated that no other expenditures will be made other than for notebooks and paper work and that it will cost approximately $50.00 per man. Councilman Sterling noted that it will be included in the Police Budget request. The motion then CARRIED.* Mayor Todd read a letter from Planning Coordinator, Del Moss. The letter stated that the Planning Department requests the appointment of Jones Jones as consultants to the City for the preparation of the Shoreline Master Program as required by the Washington State Shoreline Management Act of 1971. The firm of Jones Jones was selected on the basis of ability and their cost estimate. Therefore the request was made for their appointment at this time. Councilman Crain asked the cost estimate on the project. Mayor Todd answering that it was $14,200.00. Del Moss stated that the City had received 15 to 20 responses with proposals and bids on this project and that the selection was finally narrowed down to two firms. Those two firms were Wilsey Ham and their bid was $15,000.00. The other firm was Jones Jones and their bid was $14,200.00. Mr. Moss asked that the low bid be accepted. Councilman Gardner asked how far along the project is. Mr. Moss stated that the staff has accumulated a lot of material that can be used. He sited things such as the Shoreline Land Use ownership materials are almost complete and that two Shoreline meetings have been held with the Advisory Committee. He then stated that most of the ground work is already completed. Councilman Gardner asked how the firm would be able to earn $14,000.00 between now and December. Mayor Todd noted that this cost is based upon 85 man /days at $150.00 per man day for schedule "A" and asked why schedule "B" was sumbittel and the difference. Mr. Moss stated that it would be a more detailed program at the higher cost per schedule "B Mayor Todd noted that alternate "B" was for 110 man /days at $150.00 per man day with a total cost of $18,250.00. Mayor Todd then stated he was in favor of the Wilsey Ham bid as it was for 82.5 man /days at $155.10 per man day, for a total of $15,000.00 for the complete package. Mr. Moss stated that he was following a directive to accept TUKWILA CITY COUNCIL MEETING Page 2, ORDINANCES AND RESOLUTIONS cont. Res. #379 cont. CORRESPONDENCE AND CURRENT BUSINESS Letter: Status of LID #20 Recess October 9, 1973 490 the low bidder, therefore he recommended Jones Jones at $14,200.00. Discussion followed regarding the fact that Wilsey Ham can do the job for less because they have worked closely with the City and have a lot of the information available. Councilman Sterling asked why two seperate bids were submitted by Jones Jones Mr. Moss read from Paragraph 2 of the letter which stated We have presented two alternatives in accomplishing the tasks necessary for the development of the Shoreline Master Program. Alternate A is directed towards a somewhat limited time fee schedule. Alternative B is viewed as a more extensive complete assessment of Tukwila's shoreline resources and the demands made of these resources, assuming more time funds are available. However, we feel either alternative will provide the City with a viable comprehensive master program which will not only satisfy the State Department of Ecology but the local needs of the City itself." Councilman Sterling asked if this matter could be tabled for a week for further study. Mr. Moss stated that it is curtial that this be passed, however, if Council wished, it can be done. Councilman Gardner asked what might happen if Council didn't act on this now. Mr. Moss stated that the State appears to be in the process of hiring Consultant Firms to prepare the Master Programs, which would then be presented to the Cities for adoption. H noted that the City would have no option but to adopt their proposal and it would then become a mojor element in the City's Comprehensive Plan. He then stated that the City would be better off to do it themselves MOVED BY TRAYNOR, SECONDED BY CRAIN, TO READ PROPOSED RESOLUTION BY TITLE ONLY. CARRIED. Attorney Parker read a Resolution designating Jones Jones to prepare for the City of Tukwila, a Master Program for administering the regulatory requirements of the Shoreline Management Act of 1971. MOVED BY JOHANSON, SECONDED BY CRAIN, THAT RESOLUTION #379 BE ADOPTED AS READ.* Councilman Gardner stated that it didn't stop them from putting the furniture warehouse in and noted that there doesn't seem to be any plans to follow through with the bike trails etc. Councilman Sterling asked if the adoption of this Resolution would preclude another incident like the furniture store. Mr. Moss stated that it would definately have had some impact. After further discussion the motion CARRIED with Councilman Gardner voting "no". Councilman Gardner read a letter from Public Works Director, Steve Hall regarding LID #20, Lower Tukwila. The letter stated that the total estimate project cost is $139,700.00 and that the amount of total protest is $39,895.99 and this amounts to 28.6% in protest. It stated "I recommend that this project now be authorized for design and construction with the conditions adopted by the City Council and contained in my letter of August 30, 1973." Councilman Gardner then read the letter of August 30, 1973. The letter was a list of recommendations which Mr. Hall believed to be in accordance with the past discussions of the Sewer and Water Committee and the City Council. A copy of this letter is on file in the City Clerk's Office. Mr. Hall then noted that two more objections were received however, Mr. Harold Klein, of Aden Corporation withdrew his objection by letter. Mr. Aliment stated that his objections were listed in legal form and he didn't feel that he was furnished with enough information. Mayor Todd stating that Mr. Aliments Attorney alledged misuse of EPA Funds. Mr. Hall noted that the Environmental Protection Agnecy will fund 90% to apply on the trunk line only. Mayor Todd stated that the intent was to use surplus EPA Funding on an inturim basis and that if Mr. Aliment wanted to hook up he would have to pay a late commers agreement. Councilman Crain suggested that this matter be tabled until the letter from Mr. Aliments Attorney is produced and discussed with Mr. Aliment. Mayor Todd called a three minute recess at 8:55 p.m. Mayor Todd called the meeting back to order at 8:58 p.m. with all Councilmen present as previously listed. Public Works Director, Steve Hall read the letter of protest from Mr. Aliment. Discussion followed regarding whether or not you can delete property from an LID. Councilman Sterling referred to page 2 of Steve Halls letter regarding other property owners who were in protest to the LID. Mr. Howard Price of Paul Haggard Company stated he has kept notes of the informal meetings that were held. He then suggested that a time limit be set, preferably 7 to 10 days, in order to settle this matter. He noted that he is not protesting the formation of TUKWILA CITY COUNCIL MEETING Page 3, CORRESPON DENCE AND CURRENT BUSINESS cont. LID #20 cont. Interum Financing LID #21 #22 Letter: Reformation of Council Committees Fire Fighters Contract OLD BUSINESS Discussion: LID #18 October 9, 1973 491 this LID and the stub charge stands. He asked that this matter be settled as soon as possible. Councilman Crain asked if he was willing to withdraw his protest and Mr. Price answered that he would honor the agreement. Mr. Aliment referred to a Supreme Court decis ion on LID #8 whereby his father was sued in regard to the arrangement of the water line in that LID. He was concerned that something like that might happen again. Discussion followed regarding the legality of assessing only a strip of the property or whether or not the whole piece of property must be assessed. Councilman Sterling noted that all the property owners are being charged for the sewer stub and a square footage charge. After further discussion, the Mayor asked that this problem be resolved at the work meeting on Thursday evening at the City Shop at 7:00 pm Mr. Aliment asked that the legal decision regarding LID #8 be obtained for comparison. City Clerk, Shirlee Kinney noted that not all of the bids are yet received for LID #21. She then read a letter from Mae Harris, City Treasurer, regarding interum financing for LID #22. The three bidders were Seattle First National Bank, at 5.4 Peoples National Bank, at 4.625 and National Bank of Commerce at 5.2 The letter recommended that Peoples National Bank 's bid of 4.625% be accepted by the Council. MOVED BY STERLING, SECONDED BY HILL, TO ACCEPT THE TREASURERS RECOMMENDATION.* Councilman Sterling withdrew his motion, and Councilman Hill withdrew his second. MOVED BY STERLING, SECONDED BY HILL, TO PREPARE A RESOLUTION ACCEPTING THE TREASURERS RECOMMENDATION. CARRIED. Mayor Todd noted that a resolution should also be prepared for Interum Financing for LID #21, and that it can be prepared for the next meeting. Mayor Todd read his letter of October 4, 1973, regarding reduction and reformation of Council Committees, copies of which are on file in the City Clerk's Office. Councilman Gardner stated that he felt it would be better to make changes at the first of the year and aske that it be put off until then. Councilman Johanson stated that he would like to see the Committees kept seperate. Councilman Crain stated that the Public Works Director could meet with the two groups on the same night rather than splitting up a meeting on two nights. Councilman Gardner suggested that if Council had their own secretary they might be able to accomplish a lot of this on their own. MOVED BY HILL, SECONDED BY CRAIN, TO TABLE THIS MATTER UNTIL THE NEXT MEETING. CARRIED. MOVED BY CRAIN, SECONDED BY STERLING, TO AMEND THE AGENDA TO INCLUDE FIRE NEGOTIATIONS. CARRIED. Councilman Sterling noted the change in the clothing allowance to $350.00 initially and thereafter $175.00 annually. Discussion followed regarding the negotiations and the dollar figures that were arrived at. Mayor Todd noted that the Fire Fighters had voted to accept these negotiations. Councilman Traynor noted that there was an option to use different shift arrangements rather than the 24 hour sleep -in program. Councilman Sterling stated that it was turned down by the Fire Fighters as they didn't like the unknown hours they would be working with the shift arrangement. Councilman Traynor stated that the shift arrangement would allow 14 hours of productivety rather than the 62 hours of productivity now, per shift. Discussion followed regarding overtime pay. MOVED BY CRAIN, SECONDED BY STERLING, TO ACCEPT THE CONDITIONS IN PROPOSED AGREEMENT AND THAT A RESOLUTION BE PREPARED FOR THE NEXT MEETING. The motion then CARRIED with Councilman Traynor voting "no Councilman Traynor stated that the Negotiating Committee did a goad job, but his reasons for voting no were that he feels the 62 hours of productivity was not in the best interest of the citizens of Tukwila. Councilman Crain asked if a Resolution need be prepared to allow the Fire Chief to pay overtime. Mayor Todd stating that an Ordinance would have to be prepared transferring funds if it's not already in the Fire Budget. MOVED BY CRAIN, SECONDED BY STERLIN' THAT AN ORDINANCE BE PREPARED ALLOWING ITEMS BEING LISTED UNDER PARAGRAPH B, ARTICLE 10, IN THE CONTRACT. CARRIED. Councilman Sterling stated that the Standard Station has asked the Council to refrain from discussion on this matter until the City hears from their engineer. Councilman Traynor noted the engineering and legal costs for construction of LID 5 18. TUKWILA CITY COUNCIL MEETING October 9, 1973 492 Page 4, OLD BUSINESS- cont. LID #18 cont. Letter: King County Council Re: Assessed Valuation Notificaiton Letter: Environmental Mayor Todd read a letter from Thomas Joh son, Chief of Operation Protection Agency and Maintenance Unit, U.S. Environmental Protection Agency. The letter stated that the Operation and Maintenance Manual for the Collucio Lift Station, City of Tukwila Washington, has been reviewed and approved by that office. Letter: Sammamish Attorney Parker read a letter from Stanley N. Kasperson, Council Commercial Storm for Sammamish Commercial Company, Inc., a copy of which is on file Drainage in the City Clerks Office. Mayor Todd asked that this matter be taken up at the Thursday night work meeting. Councilman Sterling asked that the drainage problem be researched. Publication of Legais Attorney Parker read a letter from Thomas Becher, Attorney for the Response: Highline Times Highline Publishing Company. The letter stated that "We are not agreeable to settling this litigation on the terms set forth in the letter of September 19, 1973, from the Valley Publishing Company. Highline Publishing was the lowest responsible bidder and feels as such, that it is entitled to the relief requested in its amended complaint." Pacific Propellor Mayor Todd asked Councils feeling regarding the Pacific Propellor Property Property and stated that he would like to be able to report to Mr. Boys on the Council's action. Councilman Crain stated that the position taken by Council is that they would gratefully accept the offer if the stipulation was re- worded to allow City use for Municipal purposes rather than for a Park. MOVED BY CRAIN, SECONDED BY HILL, TO STIPULATE USE FOR PARK OR OTHER MUNICIPAL PURPOSES.* Councilman Gardner asked if the City had given away the strip of land along the river front. Mayor Todd stated that with the change to Park or Municipal purposes, he wans't sure if they would go along with it. Councilman Crain noted that he just doesn't want to see the land restricted. Attorney Parker stated that if the City ties up the property now it may become a burden and he would like to see it stipulated that if it is used for anything else, that a reimbursement be made to Allied stores. The motion then CARRIED.* AUDIENCE COMMENTS LID #20 Attorney General Re: City Treasurer Work Meeting Mayor Todd stating that he had requested the City Clerk to research this matter and to give a complete breakdown on legal fees on LID #18. MOVED BY HILL, SECONDED BY CRAIN, TO AMEND THE AGENDA TO ALLOW THE MAYOR TO READ SOME PERTINANT LETTERS. CARRIED. Mayor Todd read a letter from John T. O'Brien, Chairman King County Council. The letter stated "Due to the delayed availability of utility evaluation from the Washington State Department of Revenue, the time for filing Budgets with the King County Council is extended to 10 working days after the King County Assessors notification of assessed values to the various taxing districts of King County. Mr. Ben Aliment asked where the sewer lines for LID #20 were going to be placed. He questioned whether it would be on his property, the right of way or on the existing line. Mr. Hawkins of Hill, Ingman and Chase stated that it depends on how the negotiations go but that it would probably be on the property line. Mayor Todd stated that it could possably go into the utility easement. Councilman Sterling requested that if Attorney Parker writes a letter to the Attorney General regarding a letter written to the City, Re: City Treasurer, that he be furnished with a copy of this letter. Councilman Sterling noted that the City Hall Site will be on the docket for the Work Meeting on Thursday and noted that the longer the City waits, the more it will cost. He asked that it be included on the Agenda for the next Council Meeting. Mayor Todd stated that it needs to go through the Planning Commission and he will veto it if it's put on the agenda. Councilman Sterling noted that the property on 154th is bought and paid for. Mayor Todd stating that Ordinance #251 was not amended and that the Planning Commission didn't recommend the site and that it must be processed by law. Councilman Sterling asked that the City Hall Site be placed on the Agenda for the next meeting. TUKWILA CITY COUNCIL MEETING October 9, 1973 Page 5, ADJOURNMENT 10:15 p.m. MOVED BY CRAIN, SECONDED BY TRAYNOR, THAT THE MEETING ADJOURN. CARRIED. Frank Todd, Mayor Shirlee A. Kinney, City C1 493