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HomeMy WebLinkAbout1973-11-19 Regular MinutesNovember 19, 1973 8:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL ORDINANCES AND RESOLUTIONS Ord. #822, Amending Ord. #634, authorizing Mayor to designate substitute holidays Ord. #823, Recinding Ord. #821, Setting tax levy for 1974 Ord. #824, Setting tax levies Total TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall Council Chambers M I N U T E S Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. GARDNER, HILL, JOHANSON, STERLING, STEVENS, TRAYNOR. MOVED BY TRAYNOR, SECONDED BY STERLING, TO EXCUSE COUNCILMAN CRAIN. CARRIED. MOVED BY STEVENS, SECONDED BY STERLING, THAT THE MINUTES OF NOVEMBER 12, 1973 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY STERLING, SECONDED BY STEVENS, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED. Vouchers #1557 #1667 Current Fund #1557 #1607 Park Fund #1608 #1613 Emer. Empl. #1614 #1617 Street Fund #1618 #1641 Land Acq. Bldg. #1642 Strander Blvd. #1643 #1644 Water Fund #1645 #1653 Sewer Fund #1654 #1666 City Prop. Assess. #1667 $10,639.38 188.22 336.79 16,377.50 3,200.00 30,129.52 9,373.55 6,031.92 212.40 $76,489.28 5/ MOVED BY STEVENS, SECONDED BY HILL, TO READ PROPOSED ORDINANCE. CARRIED. Attorney Parker read proposed ordinance amending Ord. #634 by authorizing the Mayor to designate substitute holidays. MOVED BY STERLING, SECONDED BY HILL, TO ADOPT ORDINANCE #822 AS READ.* Councilman Stevens asked what this amendment does to the contract with the Fire Department as to their designated holidays. Attorney Parker stated procedure will be the same as stated in the contract. Councilman Gardner pointed out these changes should be made by the Council. Councilman Hill pointed out these changes were made at the request of the employees, not that the Mayor wished to suit himself. Mayor Todd stated the petition for the changes was presented to him by the City Clerk and he merely ratified it. As it turned out, many people stopped by City Hall to ask questions about local polling places and precincts, so it was of benefit to the public to be open on Election Day. Councilman Traynor stated since so many days are allowed for holidays, the perogative is there to make changes and he thinks the Mayor should be able to do so. *CARRIED, with Councilmen Gardner and Johanson voting NO. MOVED BY STEVENS, SECONDED BY HILL, TO READ PROPOSED ORDINANCE. CARRIED. Attorney Parker read proposed ordinance recinding Ord. #821. MOVED BY HILL, SECONDED BY STEVENS, TO ADOPT ORD. #823 AS READ.* Councilman Sterling asked for an explanation for this recinding ordinance. City Clerk Shirlee Kinney stated the State limits levying taxes for cities up to 8 mills or per 106% lid, which ever method is the least. *CARRIED. MOVED BY HILL, SECONDED BY STERLING, TO READ PROPOSED ORDINANCE. CARRIED. Attorney Parker read proposed ordinance to fix the amount of the ad valorem tax levies for fiscal year 1974 and appropriate same to certain funds for certain purposes. MOVED BY STERLING, SECONDED BY STEVENS, TO ADOPT ORD. #824 AS READ.* Councilman Gardner questioned whether this should be advertised before passing on this ordinance. City Clerk answered that an ordinance is acted upon by the Council first, then published at least once in the paper and becomes law five days thereafter. Councilman Johanson asked for an explanation of breakdowns on millage rate. City Clerk Shirlee Kinney stated she and the City Treasurer Mae Harris convert the millage into dollars and offset that against budget figures. Sales tax comes in more often than property tax, so property tax must be distributed carefully to see that there is always working capital to take care of current bills. Councilman Johanson stated this seems backwards to com- mit levies prior to budget. *CARRIED. TUKWILA CITY COUNCIL MEETING November 19, 1973 Page 2, CORRESPONDENCE AND CURRENT BUSINESS Letter of resignation from John Richards, Building Official Acceptance of petitions on LID #25 Letter from Steve Hall re: Unnamed street OLD BUSINESS Report on cable TV franchise ADDITIONAL BUSINESS Lois T. Newton Bridge Project Proposal of fact and decree on LID #18 57 6 Mayor Todd read the letter of resignation from John Richards, City Building Official. Mayor Todd stated he is disappointed that John is not staying with the City. He stated John is a tremendous employee doing a good job under difficult conditions and wished him all the luck in the world. Mayor Todd then recommended the Council accept the resignation. MOVED BY STEVENS, SECONDED BY STERLING, TO ACCEPT RESIGNATION OF JOHN RICHARDS, with wishes of good luck and knowledge he will be missed. CARRIED. Councilman Johanson stated he endorsed all the good words for John here tonight and certainly doesn't want to hold him back from his future endeavors. Public Works Director Steve Hall stated he could not present the petitions at this time because they are still being held in the County Executive's Office until next week. MOVED BY TRAYNOR, SECONDED BY STEVENS, TO TABLE. CARRIED. Councilman Hill read the letter addressed to him as Chairman of the Street Couuuittee from Steve Hall, Public Works Director. Councilman Hill recommended that the street be called 59th Place South as suggested in the letter. Councilman Traynor asked what zip code would be assigned to the street. Council- man Stevens suggested giving the street a name rather than a number designation. Councilman Gardner pointed out that if all the streets were given names the City could get its own zip code. Councilman Stevens stated the numbered street would go along with all other streets as they are numbered on the hill at present. MOVED BY HILL, SECONDED BY GARDNER, TO ASSIGN 59TH PLACE SOUTH TO THE UNNAMED STREET. CARRIED. Adam Lee, Administrative Assistant, read a letter received from Mr. Wayne A. Aylward, District Manager, TelePrompter Cable TV. Mr. Aylward stated the problems are as follows: (1) cutbacks in expansion plans on the part of our corporate office, (2) the modulator units necessary to provide the four additional channels required by the F.C.C. have not been ordered, and (3) because the Tukwila system was constructed later than the Seattle system, it is not yet possible to provide Channel 6 or Channel 12. In order to delete these two channels from the Tukwila system from the 112th Street headend, very expensive and sophisticated trap- ping devices would be required and these are not currently avail- able. Presently we are checking with the F.C.C. for approval to delete these channels on the converters we anticipate using for the Tukwila system. Mayor Todd asked if any action was necessary at this time. Attorney Parker answered no, unless TelePrompter demonstrates unwillingness to cooperate in which case they would lose their franchise. Councilman Hill stated he felt no one understands what the problem is. Councilman Traynor asked why the cable company is blaming the City for holding up construction Mr. Lee stated he spoke to the engineer on the phone and that the rest seems to be rumor. MOVED BY STEVENS, SECONDED BY HILL, TO AMEND THE AGENDA BY THE FOLLOWING ITEMS AS REQUESTED BY ATTORNEY PARKER. CARRIED. Attorney Parker noted the condemnation for this site is proceed- ing with $30,000 for one portion and another $42,000 for another portion. He further stated that normally the seller provides title insurance. He advises the City against buying the property until the policy question is settled by which Mr. Mead will pay for the title insurance. Councilman Sterling stated the City is entitled to get the same treatment as anyone else and we should expect the seller to pay for the title insurance. Attorney Parker read his proposed stipulated findings of fact and decree on LID #18. He read this document prepared for Mr. Thomas D. Kelley of Kelley O'Sullivan, attorney for Tukwila TUKWILA CITY COUNCIL MEETING Page 3, ADDITIONAL BUSINESS Cont. LID #18 Cont. November 19, 1973 5/ 6 Interurban Investment Company, Inc. and for Mr. William E. Clancy, Jr. of Helsell, Paul, Fetterman, Todd Hokanson, attorney for Standard Oil Company of California. The intent is to establish a permanent record of the history in this matter. The proposal will be a matter of public record after being accepted by Mssrs. Kelley and Clancy and signed by the judge. The two parties involved will receive a credit toward the assess- ment in the amount of $1,689.90 which will be paid to LID #18 by the City Water and Sewer Fund and that the parties will pay their own respective costs, fees and disbursements. The property in question was improved while it was not within the City limits of Tukwila and receiving City service at this time from LID #5; subsequently, the property was annexed into the City within the boundaries of LID #18. Attorney Parker stated he would like the approval of the Council as to the history stated in this docu- ment. Councilman Sterling asked if the City would have paid the total amount of $7,670 at that time if it had had the funds and also put in the manhole. Attorney Parker answered yes. Steve Hall stated he had no breakdown of costs for the side sewer within the property line or outside the property line. Attorney Parker stated it is important to show the history of this and why the credit is being given when actually they haven't given anything to the City. The City has been benefitting from this many times over for the amount of the credit being given, and the net figure is what we're concerned with. Councilman Gardner stated he felt the only way to change this is to dedicate the portion that is public property to the City, to accept it and allow that portion up to the property line. Attorney Parker agreed, but it was decided to solve the matter in this way. Mayor Todd suggested for a matter of record that the Council give its approval if it so wishes for Attorney Parker to proceed with this document in court. Councilman Gardner stated his ob- jections to these parties having a private line across Interur- ban Avenue. Councilman Johanson stated he felt this was the wrong way to handle this, that the City now will be paying out of the General Fund of the Sewer Department into LID #18 a sum of money which is unnecessary. He felt the LID does not benefit the property, and doesn't understand why they are on LID #18 assessment roll. MOVED BY STERLING, SECONDED BY GARDNER, TO APPROVE PROPOSAL SUBMITTED BY ATTORNEY PARKER REGARDING LID #18.* Councilman Gardner recalled that $360 was their total cost quot- ed by the engineer some time ago. Attorney Parker stated when LID #5 was formed, costs were determined and apportioned among all property owners before these late comers connected. Under Ord. #426, they would pay certain amounts of money which belong to the property owners ($1,579) on LID #5. In order to spread this around, we allowed someone who is not in the district to connect and the money is deposited in the Sewer Fund. When that area is included in the LID, the Sewer Fund contributes the money that had been paid to LID #5 and LID #18 then receives its full assessment from that piece of property either by the property owner paying it or the Sewer and Water Fund contributing this amount. Eventually the City owns all the sewer systems which have been paid for by the property owners. Councilman Johanson stated in this case, there were no funds paid into the Sewer Fund. To compensate for this you can rationalize that by taking the money out of the General Fund to pay for this, the City is helping to subsidize LID #18. Their addition to the sewer line is of benefit; the fact that they paid for it and it didn't cost the City anything should be enough. By taking money out of the General Fund and paying it into the LID at this time seems the wrong way to handle it, particularly when they will not benefit from the LID without some special connecting fee or else by having the City pay for a stub for them. Attorney Parker comment ed that the rules were made years ago and we have to go by them. Councilman Gardner pointed out the property owners were required to build the manhole at their own expense of $2,500. Councilman Traynor stated the property owners still owe the City about $900. For them to hook into LID #18 would cost the City another $1,000 to run another line to them. Councilman Hill stated they are TUKWILA CITY COUNCIL MEETING November 19, 1973 5/ ;7 Page 4, ADDITIONAL BUSINESS Cont. LID #18 Cont. already indirectly hooked into LID #18. *CARRIED, with Council- man Johanson voting NO. Sammamish Commercial Attorney Parker stated he has served an appearance which is all Co. law suit further that is required at this time. The hydraulics reports have been developments submitted and three copies have been requested by Attorney Parke/ for those involved. In his answer to the suit, Attorney Parker stated the City will deny all allogations except that certain agreements were entered into by Sammamish Commercial Company and the City of Tukwila. The counter -claim alleges breach of agree- ment by Sammamish Commercial Co. by failure to provide adequate drainage (the counter -claim being in the amount of $400,000). Mayor Todd then asked does this not do anything more than decide who will pay for the facility. Attorney Parker stated the Sam mamish Co. has deeded to the City the right -of -way, but has never conveyed by bill of sale the pipe in that right -of -way. The pipe is constructed of corrugated steel and does not permit the same flow of water as other types of construction. If the pipe were constructed in a different manner, there might not have been this problem. Further, they have not constructed drainage on the other side of the street and have not conveyed this pipe to the City and the City has not accepted it. Council- man Sterling asked if there is a precedence in this type of situ- ation where the developer puts in a drainage system in a right of -way. He asked if this doesn't automatically become a part of the City's property. Attorney Parker answered this does not happen automatically, that it must be conveyed by deed, The pipe was installed at their expense and may be rejected because it is not adequate for the flow of water and has blocked out upper land owners by diverting proper drainage. Councilman Sterling stated he was glad to hear Attorney Parker clear this agreement as binding. Mayor Todd stated hopefully it would be binding, but not until the judge decides so. Discussion: 3% MOVED BY STERLING, SECONDED BY STEVENS, TO AMEND THE AGENDA TO Attorney's fees on INCLUDE DISCUSSION AS REQUESTED BY COUNCILMAN TRAYNOR. CARRIED. LIDs Councilman Traynor stated he disagreed with the amount stated in the November 12 Minutes of the Council for the actual overcost. He stated the actual overcost amounted to $361. Attorney Parker stated that the 3% figure was computed on the total cost and this included sales tax. Whether the sales tax is on unit items or the total cost he is not sure both are proper. He is will- ing to delete the 3% from sales tax. In connection with the pro test on the Strander property, the charges were $17.50 and he was paid that amount. He also plans to submit a bill for the decree approved at this meeting. The Council may reject that bill if it wants to. Councilman Traynor asked Attorney Parker if he feels the 3% should be charged against the sales tax. Attorney Parker stated the ordinance provides so, but that he is willing to concede the 3% on sales tax when it was charged on the total cost. Councilman Traynor stated he did not like the way the ordinance is written, but feels sales tax does not need to be included. He indicated the $17.50 charge represents a letter and a phone call. Attorney Parker stated there were several meetings included in that charge as well. Councilman Johanson asked what is meant by a flat fee. Attorney Parker replied the cost of an LID, which is the total cost, on which the 3% fee is computed. For LID #18 the charges were $218,103.44 for contract plus $15,554.07 for retained percentage for a total cost of $233,657.51 which includes sales tax and 3% of that figure is $7,009.722. Attorney Parker stated he would reimburse 3% of the sales tax amount which is $343.70. Councilman Johanson said he was surprised to see additional costs over the flat fee. He pro- posed to discuss this further at the next work meeting. NEW BUSINESS Notice of Public Hearing: Final Assessment Roll LID #18 Mayor Todd read the Notice of Public Hearing setting December 10, 1973 for public hearing on Final Assessment Roll for LID #18 in the Council Chambers at 7:30 P.M. TUKWILA CITY COUNCIL MEETING Page 5, DEPARTMENT AND COMMITTEE REPORTS New Recreation Supervisor, Richard Hunt City of Renton and City of Tukwila boundaries meeting King Co. Park meeting P17 and associated drainage canal meeting ADJOURNMENT 9:15 P.M. ATTEST: November 19, 1973 k Steve Hall, Director of Public Works, introduced Mr. Richard Hunt, new Recreation Supervisor, to the City Council. He acquainted the Council with some of Mr. Hunt's background. Mr. Hunt was welcomed to the City by everyone. Steve Hall announced a meeting will be held Tuesday, November 20, in the Planning Department Conference Room, Renton City Hall, at 4:00 P.M. Mr. Hall also noted the Tuesday evening meeting on signalization for the new King County Park property for all interested to attend at 7:30 P.M., November 20 in the City Annex, Mayor Todd announced a meeting in the Tukwila City Council Cham- bers at 9:30 A.M., November 21 regarding P17 and associated drainage canal. The City is seeking ratification from environ- mentalists and others to proceed with this project. MOVED BY HILL, SECONDED BY STEVENS, THAT THE MEETING ADJOURN. CARRIED. -6-Duaz Frank Todd, Mayor ,d Shirlee A. Kinney, City Clerk