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HomeMy WebLinkAbout1973-10-23 Regular MinutesMINUTE APPROVAL ORDINANCES AND RESOLUTIONS Ord. 815, Amending Ord. #807, Changing the Boundaries of LID #20 TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall October 23, 1973 8:00 p.m. Council Chambers M I N U T E S ROLL CALL OF COUNCIL CRAIN, TRAYNOR, STEVENS, STERLING, JOHANSON, HILL, GARDNER. MEMBERS MOVED BY STEVENS, SECONDED BY HILL, THAT THE MINUTES OF OCTOBER 15, 1973 BE APPROVED AS PUBLISHED. CARRIED. Councilman Gardner noted an amendment to Page 3, last line of Discussion of LID #20. He stated as follows: "if it would help keep the golf course as a golf course." MOVED BY GARDNER, SECONDED BY JOHANSON THAT THE MINUTES OF OCTOBER 15, 1973 BE APPROVED AS AMENDED. CARRIED. 499 FLAG SALUTE AND CALL Mayor Todd led the Pledge of Allegiance and called the meeting TO ORDER of the Tukwila City Council to order. Steve Hall, Public Works Director, informed Council of three possible solutions to the LID #20 settlement. In a meeting with Mr. George Mack, Mr. Robert Hawkins and Mr. Walt Ramsey and Mr. Carrol Shoe the third proposal presented seemed to be the most equitable, that being to change the boundary lines of the golf course and also deleting those ownerships south of the golf course to the south boundary line of the Wayvodich property. The City would pay the amounts previously charged to the deleted properties. Attorney Parker stated any connection not within the boundaries of LID #20 whose owners desire to connect would be charged with a special connection charge so all will share in the equitable cost of the system. This amendment complies with City of Seattle Supreme Court Case. Mr. Haggard asked what this represents in cost to each industry. Mr. Hall answered any future connections would pay an assessment equal to others. There would be no charge per square foot. Attorney Parker added there is no requirement to charge firms since they would be receiving credit for assess- ments on LID #5. This would also prevent interference with construction of LID #20. Mr Haggard then asked if they now have a choice to hook up to either LID #5 or LID #20. Attorney Parker answered yes, but to hook up to LID #20 would involve assessment. Mr. Haggard asked for an estimate of this charge. Mr. Hall stated if firms given credit for cost in lieu of assessment according to Ord. #426, the cost would be as follows: Aden Corp. $2,160; Paul K. Haggard Co. $3,200; Riverside Inn $3,000. The cost per preliminary assessment roll: Aden Corp. $4,850; Paul K. Haggard Co. $8,900; Riverside Inn $3,840; these figures estimated. If companies given credit per Ord. #426 and if they choose to connect to LID #20, they would pay the difference between the amounts according to the final assessment roll. Mr. Haggard stated he would like to stay with LID #5, but would like a written statement that at no later date the company would be assessed for LID #5. Councilman Hill asked Mr. Haggard if he thought it might not be more desirable to hook into LID #20 now and pointed out it would be in the best interest of the City to cut down the load on LID #5. A stub fee then might be charged for connection. Attorney Parker stated this procedure was not legal according to a Supreme Court decision. Mr. Price of Paul K. Haggard Co. stated he would like a clarification of the situation. He understood from the sewer meeting that for the convenience of the City and fair play on the part of those property owners who have been served by the LID #5 system but not a part of LID #5, could (a) remain status quo or (b) with- out regard to how the fee was arranged, would agree to pay $550 in order not to become a party to an illegal formula. The property owners also felt that at the time of hook up to LID #5 everything was paid now LID #20 comes along with threat of additional costs. These firms are willing to pay the $550 fee. Mayor Todd stated the City's purpose was not to "nick" the companies, but rather try to find a legal solution and an equitable solution to all those involved. Paying an arbitrary amount will not settle the issue. Councilman Sterling asked for an explanation of the Supreme Court decision. Attorney Parker explained the Ord. amending Ord. #426 for setting cer- tain costs into sewer connections is as follows: In the past, TUKWILA CITY COUNCIL MEETING Page 2, ORDINANCES AND RESOLUTIONS cont. Ord. 815 (cont.) October 23, 1973 500 arbitrary figures were set for late commers. The decision states late commers must pay share of actual cost of construc- tion of the system at the time of construction only, not at the cost of a duplicate system at present costs. Any late commier would pay the same rate as present property owners who had hooked up at the time of construction. He stated these firms are on LID #5 and remain on LID #5 per Ord. #426. The City can't guarantee the firms will never be under another future LID if they opt out of LID #5. Councilman Johanson said he sees this Ord. #426 as penalizing and asked for Attorney Parker's opinion. Attorney Parker referred to Seattle court case in which it prevents property owners being charged present day costs rather than the cost of the system when constructed. Councilman Johanson then asked if the City could join two trunk lines together and realigg property. Attorney Parker did not know of any law against joining two trunk lines, but stated that such an agreement should not be made. Whether these firms join into LID #5 or LID #20, they must pay their fair share. Councilman Stevens asked if it were to the City's advantage, could we hook the companies into LID #20 at no cost to them (instead of into LID #5). If the advantage were to the City and the load on LID #5 would be reduced, then it would be possible to hook them into LID #20 at no cost. Mayor Todd stated the cost would be carried by the Sewer Fund for the assessment, but warned this might be setting a precedent for other LIDS. Councilman Stevens stated to do this would be to the City's advantage, not the property owners. Attorney Parker stated the City could also reform LID #5 after a period of ten years. Mr. Hall then stated the under LID laws, unless you can show that the firms are benefitting, there is no way to force them to connect and to pay assessments. Councilman Crain said, as these property owners are not part of LID #5 or LID #20, they are still allowed to participate until an LID boundary is formed. There is no assurance they will not be included in any LID in the future. If this proposed ordinance is passed, they will be excluded from LID #20. Mr. Price stated he felt there was a completely unanimous decision from the meeting of last Thursday. Now there is a change in the discussion tonight. Mayor Todd stated the parties must proceed in this manner in order to sell bonds. Councilman Johanson said many of the statements relating to LID #5 and LID #20 he is hearing for the first time. Councilman Gardner quoted from Ord. #426. He can't see why the City should even pick up the tab on these properties as it is liable to set a precedence, but if the City were to pay on the golf course we could get our money back. Mr. Hall questioned the Supreme Court case as to whether the firms, if allowed into LID #20, would pay assessments based on construction costs at this time. Attorney Parker stated no, they would pay assessments on LID #20 and then the cost would be reduced by amounts paid on LID #5. Councilman Sterling asked if on an initial hook up, would they pay the charge when included in an LID. Attorney Parker stated they would pay actual cost rather than cost of duplicating that system at the present cost. He referred to added clause of Ord. #426. He stated that the City's records since 1970 are sufficient to assess our own, where previously costs were based on Seattle records. MOVED BY TRAYNOR, SECONDED BY CRAIN, PROPOSED ORDINANCE TO BE READ. ROLL CALL VOTE: 4 AYES; HILL, STEVENS, TRAYNOR, CRAIN. 3 NOS; GARDNER, JOHANSON, STERLING. MOTION CARRIED. Attorney Parker read proposed ordinance changing the boundaries of LID #20. MOVED BY STEVENS, SECONDED BY CRAIN, THAT ORDINANCE #815 BE ACCEPTED AS READ.* Councilman Sterling then asked if the four property owners wished to be excluded from LID #20. No answer from Mr. Wayvodich; Mr. Aliment wanted his attorney to look it over, but it looked okay to him. Mr. Haggard wanted a few minutes to think it over. Councilman Hill stated the ordinance doesn't solve any problems. Councilman Stevens stated this eliminates owners from LID #20 but says ten years from now they could be in another LID. Councilman Traynor asked if the Sewer Department has funds available. Mayor Todd answered yes. Councilman Crain wanted to know could the Council draft a new ordinance stating that anyone who hooks up to an existing LID shall not be in any future LID except at their request. Attorney Parker TUKWILA CITY COUNCIL MEETING Page 3, ORDINANCES AND RESOLUTIONS cont. **Mr. Haggard and Mr. Aliment both asked to be excluded. Ord. #816, Adopting by Reference the Uniform Fire Code, 1973 .Edition Res. #382, Fire Fighters Contract for 1974 CORRESPONDENCE AND CURRENT BUSINESS Request Council Approval of Permit City of Tukwila and City of Renton Boundaries October 23, 1973 501 said this was not proper to amend Ord. #426. He further stated the City could not deny late coy tuners receiving benefit of the system being paid for by property owners. He recommend- ed they either pass the ordinance or reject it in order to go back and proceed with LID #20 on its original basis. Council- man Sterling stated this would not honor previous agreements. Attorney Parker stated these agreements were illegal. Mr. Haggard stated his position is neutral and asked if this situ- ation has occurred before. Attorney Parker referred to the Seattle case. Mra Eall_stated if the City cannot show benefit, as stated in RCW, the property owners cannot be included in LID. Mr. Haggard stated if LID #20 is an improvement, he would be forced to join. Councilman Gardner stated by belonging to an LID, you are within the group, or could come in as a late couuuer on LID #20. Mr. Aliment said if he was deleted and decided to come in later, he would put in his own roads and sewers. Attorney Parker stated a law suit could develop if they decided to be included or excluded depending on proposed ordinance passing or failing. Councilman Stevens stated that any new LID and boundaries could be set to exclude them at that time, too, but they can request a new LID or be included as a late commer. Mr. Haggard asked since they are not part of either LID, how does he stand legally for the future? Mayor Todd an- swered same as now outside of LID with late coiuuuers agreement on LID #5; when LID #5 becomes overloaded, then late coumiers would be the first to go to another LID. Mr. Lloyd Hartung, 14474 56th So., asked about the money involved. Councilman Johanson stated City pays for interceptor line but not for proposed LID #20 line. Mr. Hartung said if they were not in LID #5 and not in LID #20, how can this be? We're being serviced by LID #5 as late commers. I want the LID but don't think the information is complete enough to pass it as this point. Councilman Gardner, referring to the map, noted boundary line should be drawn to designate future improvements. Councilman Sterling then asked the four companies if they were sure they wanted to be excluded.i*VOTING ON MOTION TO ADOPT ORD. #815 AS READ. MOTION CARRIED.* MOVED BY STEVENS, SECONDED BY STERLING TO READ BY TITLE ONLY WITH BRIEF EXPLANATION BY MR. HOEL. CARRIED. Attorney Parker read proposed ordinance adopting by reference the Uniform Fire Code, 1973 Edition. Mr. Hoel explained it was the same as Ord. #755 but only updated. It also deleted old AIA Code. He stated there was little change in the Code and recommended passage. Councilman Sterling asked if this would affect the length of buildings or fire hydrants. Mr. Hoel answered no, amendments to this area would be made later by an amending ordinance. MOVED BY STEVENS, SECONDED BY JOHANSON TO ADOPT ORDINANCE #816 AS READ. CARRIED. MOVED BY STEVENS, SECONDED BY JOHANSON TO READ PROPOSED RESO- LUTION. CARRIED. Attorney Parker read proposed resolution regarding Fire Fighters Contract for 1974. MOVED BY STEVENS, SECONDED BY CRAIN TO ACCEPT RESOLUTION #382 AS READ. CARRIED. Councilman Traynor voting NO, his objection to proposed reso- lution being hours of work are not in the best interest to the City. Mr. John Richards, Building Official, requested the City Council to approve Mr. McCann's permit #214. The improvement will contribute to additional sewer use, but the building itself and the storm drainage system are not affected. Councilman Stevens stated that if there is no impact on storm drainage in the area, we will authorize Mr. Richards to ratify permit. MOVED BY STEVENS, SECONDED BY STERLING TO APPROVE PERMIT. CARRIED. Mayor Todd noted receipt of a letter from Councilman Grant, City of Renton, regarding boundaries between the City of Tukwila and the City of Renton. Mayor Todd suggested that this corres- pondence be tabled. MOVED BY STEVENS, SECONDED BY STERLING, TO TABLE. CARRIED. TUKWILA CITY COUNCIL MEETING Page 4, NEW BUSINESS Cable TV Franchise National Flood Insurance Program *without further study Proposed Lease for School Property Police Department Municipal Court Lois T. Newton Bridge Plaques Police Officers Guild J Notice of Public Hearing: 6 Year Capital Acquisition and Improvement Program for Parks and Recreation MISCELLANEOUS AGENDA ITEMS October 23, 1973 6 Mayor Todd explained that the cable TV company has been stating Tukwila won't allow cables to be installed, this being in error. He informed the Council there is a franchise in existence. Mayor Todd is in favor of informing the company to perform or give up the franchise. Attorney Parker said the company objects to complying with underground restrictions and expense. Mayor Todd then asked for legal clarification. Councilman Hill pointed out that the cable TV company has been notified prior to street improvements in the past but they have failed to take advantage to install their equipment. Mayor Todd requested the City Attorney to make his written recommendation on the subject. 7 Mayor Todd explained the City must apply to HUD to become certified in order to qualify for NFIP. If certified, no citizen will be eligible for Federal Disaster Relief Funds. Councilman Gardner asked if the order of certification was: county first, city second, citizens third. Mayor Todd stated that if the City were certified, any citizen could apply but all would be denied Disaster Funds. Councilman Crain asked what the cost would be. Mayor Todd informed him 30 to 35 cents per $1,000 of coverage. Councilman Crain pointed out if the City were certified and no one in the city took out this insurance, all would be penalized in receiving Disaster Relief Fund aid. Mayor Todd did not recommend this program *and said he would supply the Council with additional information. Mr. Mettler, Chairman, Planning Commission, suggested the City Council set a public hearing by November 19 since an early date is imperative to acquire first quarter financing. The Program will cover improvements to existing park programs and acquisition of property. MOVED BY STERLING, SECONDED BY HILL, TO READ NOTICE OF PUBLIC HEARING. CARRIED. Councilman Sterling read the notice. MOVED BY STEVENS, SECONDED BY TRAYNOR, TO APPROVE THE NOTICE OF PUBLIC HEARING AS READ.* Councilman Crain suggest- ed the meeting be set for November 26, 1973 at 7:00 p.m. in the Council Chambers of Tukwila City Hall instead of November 19. MOVED BY CRAIN, SECONDED BY TRAYNOR, TO SET PUBLIC HEARING DATE AMENDED TO NOVEMBER 26. CARRIED. VOTING ON ORIGINAL MOTION, CARRIED.* Mayor Todd presented the proposed lease for school properties. MOVED BY TRAYNOR, SECONDED BY STEVENS, TO AMEND AGENDA AND READ PROPOSED LEASE. Attorney Parker read lease regarding the disposition of this matter. Short discussion followed. MOVED BY STEVENS, SECONDED BY HILL, TO AMEND AGENDA FOR ADDITIONAL ITEMS. CARRIED. Mayor Todd read a letter from Police Chief John Sheets. The letter stated that at about 8:55 a.m., October 23, the South center Branch of the National Bank of Commerce was the victim of an armed robbery, and as a result of an alert citizen and excellent teamwork on the part of the Tukwila Police, the suspect was apprehended. The letter also mentioned cooperation from Kent Police and the FBI. Chief Sheets suggested Officers P. L. Phelan and S. D. Jenkins receive special commendation for their apprehension of the suspect. Mayor Todd congratulated Chief Sheets and his department, and concurred on special recognition for the officers. Mayor Todd noted income from Tukwila Municipal Court to date in the amount of $53,098.50. Councilman Hill presented the brass plaques to be installed on the Lois T. Newton Bridge. Mayor Todd noted they would make a very nice addition to the bridge. Councilman Sterling presented a letter from the Police Officers Guild requesting to meet with the Negotiating Committee of the Council to discuss their requests for their 1974 contract. Councilman Stevens stated he requested the Guild's proposals to give the City Council extra time to consider these proposals before the preliminary budget. Councilman Johanson asked if the Council was recognized to act on this. Mayor Todd stated TUKWILA CITY COUNCIL MEETING Page 5, MISCELLANEOUS AGENDA ITEMS cont. Sammamish Cou Company, Inc. Teamsters Hearing Receipt of Storm Drainage Study AUDIENCE COMMENTS: Hazardous Street Note of Appreciation Work Meeting: City Employees Civil Service Committee October 23, 1973 503 the preliminary budget gives a fair idea of what the Guild wants. Councilman Hill suggested a meeting of the Employees Committee to expedite this matter. He pointed out their right to be heard. Chief Sheets stated he thought the Council would accept the Guild as a negotiating team and was surprised at the reluctance to do so now. He further stated the Guild has accepted their statement and wants to negotiate. Councilman Stevens stated the Guild has the right to input whether organized or not, and to discuss their proposals with the City Council or a Council committee. He did not recall a vote to agree to negotiate. Councilman Crain stated that the Council will not negotiate as if by contract. MOVED BY CRAIN, SECONDED BY JOHANSON, TO SET UP WORK MEETING WITH CIVIL SERVICE AND EMPLOYEES COMMITTEE TO DISCUSS THIS MATTER. CARRIED. Attorney Parker presented a letter from Mr. Stanley N. Kasperson of Adair, Kasperson, Petersen Hennessey, Attorneys at -Law, on behalf of the Sammamish Commercial Co. dated October 11 regarding portion of strip of land adjacent to the Sammamish Commercial Co. The City may acquire the deed to this strip by drafting the deed and paying $1.00 per square foot. Mayor Todd stated there is possible funding available through the Contin- gency Fund. Councilman Hill stated the original right -of -way was 60 feet, then an additional 6 feet on each side was acquired. Mayor Todd asked if the acquisition from Mr. Segale is paid for. Mr. Segale answered yes. Councilman Sterling asked if this omission was on the part of the City. Mayor Todd answered yes. Councilman Hill asked if the property could be reassessed. Mayor Todd stated the City is occupying property which it had not paid for. John Richards, Building Official, pointed out the deed and preliminary proceeding had gone back East to the railroad company. The railroad was to send the information back but hadn't at that time, during which time the property changed hands. Mr. Hawkins of Hill, Ingman Chase thought the deed had been mailed to Associated Grocers and said he will check into it. Mayor Todd suggested Attorney Parker check this out with Sammamish Commercial Co. and get a title report from Transamerica Corporation. Attorney Parker announced that on October 9 Tukwila requested a secret election as to whether employees wish to be represented by the Teamsters. The request was denied by the examiner at a hearing on October 11. The City has 30 days to appeal, the last day being November 5. A letter has been drafted to Mr. Jacobs of the Department of Labor Industries from Attorney Parker regarding the appeal of the election. Mayor Todd suggested Attorney Parker go ahead with the letter of appeal on the basis of having a fair hearing. Councilman Sterling asked if they had the 60% that is necessary for the election. Mayor Todd stated he did not know and that is why they are calling for an election. Steve Hall, Public Works Director, announced as of 3:00 p.m. today the City has received a storm drainage study from Mr. Phil Botch. A meeting has been set for October 30, 7:00 p.m. at Tukwila City Shop for all Council members to attend. Mr. Regal stated he was concerned about the dangerous situation for school children walking in the area of 56th Place So. and 142nd Street, specifically due to poor shoulder conditions. He stated something should be done before an accident occurs. Mayor Todd asked Mr. Hall to accompany him to the site to assess the problem first thing Wednesday morning. Mr. Paul Haggard thanked the Council and Mr. Hall for their work on the LID #20 question. He stated he is very proud to be a part of Tukwila. Mayor Todd and the Council thanked him for his comments. Councilman Stevens announced a work meeting of the City Employees Civil Service Committee for Thursday, October 25 at 7:00 p.m. in the Council Chambers to discuss proposals with the Police Officers Guild. TUKWILA CITY COUNCIL MEETING October 23, 1973 Page 6, ADJOURNMENT 10:05 p.m. ATTEST: MOVED BY CRAIN, SECONDED BY STERLING, THAT THE MEETING ADJOURN. CARRIED. Frank Todd, Mayor 7 S irlee A. Kinney, City Cler 5o4