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HomeMy WebLinkAbout1973-11-26 Regular MinutesNovember 26, 1973 8:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL ORDINANCES AND RESOLUTIONS Res. #403, Accepting donations for Park/ Municipal purpose property Res. #404, Transfer of funds re: Recreation Supervisor salary and benefits Ord. #825, Appropriating monies received to the Strander Bridge Ext. Fund Ord. #826, Establishing an LID Construction Control Fund Ord. #827, Establishing Water /Sewer Refunding Revenue Bond Fund 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. CRAIN, GARDNER, JOHANSON, STERLING, TRAYNOR. MOVED BY TRAYNOR, SECONDED BY CRAIN, TO EXCUSE COUNCILMEN HILL AND STEVENS. CARRIED. MOVED BY STERLING, SECONDED BY JOHANSON, THAT THE MINUTES OF NOVEMBER 19, 1973 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO READ PROPOSED RESOLU- TION. CARRIED. Attorney Parker read proposed resolution accept- ing donations for Park /Municipal purpose property from Medical Centers Company in the amount of $250.00. MOVED BY TRAYNOR, SECONDED BY STERLING, TO ADOPT RESOLUTION #403 AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO READ PROPOSED RESOLU- TION. CARRIED. Attorney Parker read proposed resolution trans- ferring funds for salary and benefits of the Recreation Super- visor. MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO ADOPT RESOLUTION #404 AS READ. CARRIED. MOVED BY CRAIN, SECONDED BY TRAYNOR, TO READ PROPOSED ORDINANCE. CARRIED. Attorney Parker read proposed ordinance appropriating monies received to the Strander Bridge Ext. Fund. Mayor Todd explained that not all of this money was donated. He stated that about $22,000 was donated and the balance comes from exist- ing construction fund as set up for the Bridge. City Clerk Shirlee Kinney added that Puget Power, Washington Natural Gas and Pacific Northwest Bell monies are represented in the total as reimbursable costs to the City. MOVED BY CRAIN, SECONDED BY STERLING, TO ADOPT ORDINANCE #825 AS READ.* Councilman Johanson asked if this ordinance would cover any future donations as well. Attorney Parker stated the purpose of this ordinance is simply putting money into a fund to be spent and it cannot accept other donations. City Clerk Shirlee Kinney stated each amount donated would need a resolution accepting it and an ordinance appropriat- ing the monies to certain accounts. Attorney Parker stated that there is no way to make an open -end ordinance to accept future donations. *CARRIED. MOVED BY TRAYNOR, SECONDED BY GARDNER, TO READ PROPOSED ORDINANCE CARRIED. Attorney Parker read proposed ordinance establishing an LID Construction Control Fund. MOVED BY JOHANSON, SECONDED BY TRAYNOR, TO ADOPT ORD. #826 AS READ.* Councilman Traynor stated he would like to see the City Treasurer or her representa- tive at the meetings to clarify this type of business. City Clerk Shirlee Kinney offered an explanation that the State Auditor recoiiuiiended this procedure for better record keeping. This is an accounting fund set up for the construction phase. From this fund the money then goes into the designated LID fund. Each amount is designated separately by LID number while being held there. Money borrowed through interim financing or from other sources goes into this fund during the construction phase and then into individual LID funds. *CARRIED. MOVED BY STERLING, SECONDED BY GARDNER, TO READ PROPOSED ORDINANCE. CARRIED. Attorney Parker read proposed ordinance establishing the Water /Sewer Refunding Revenue Bond Fund. MOVED BY STERLING, SECONDED BY JOHANSON, TO ADOPT ORD. #827 AS READ.* Councilman Traynor asked what the purpose of the ordi- nance is. City Clerk Shirlee Kinney stated this will budget the principal and the interest for the bonds the City went out on for water and sewer and will budget the amount for 1974. Councilman Crain asked if the bonds in question were those we re- financed. City Clerk answered yes. Councilman Sterling asked if the amount was already included in the 1974 Preliminary Budget. City Clerk answered yes. *CARRIED. TUKWILA CITY COUNCIL MEETING Page 2, ORDINANCES AND RESOLUTIONS Cont. Ord. #828, Possession MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO READ PROPOSED ORDI- or control of anothers NANCE. CARRIED. Attorney Parker read proposed ordinance making property it unlawful to possess or control the property of another without authorization and fixing penalties. MOVED BY CRAIN, SECONDED BY STERLING, TO ADOPT #828 AS READ.* Councilman Crain asked what the purpose of this ordinance is. Chief of Police John Sheets explained this ordinance is a replica of that of the City of Seattle. It will control personal I.D., credit cards, check- books, etc. in the case of charging persons arrested in possess- ion of another persons property of this type without proof of value of the items. Councilman Traynor gave an example of per- sonal property being borrowed and then being discovered by and under the suspicion of the police. Chief Sheets stated the owner of the property must sign an affidavit in order to make charges in such cases. Councilman Johanson asked what the definition of "property" is in this case. Chief Sheets replied this is intended to cover mainly credit card theft; that other types of theft fall under the state laws involving petty and grand larceny. Also this ordinance does not cover real property. *CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Acceptance of petitions re: Proposed LID #25 November 26, 1973 Steve Hall, Public Works Director, stated Mr. Sneva delivered the petitions which have now been signed by County Executive Spellman and the Fiorito Bros. for LID #25. Currently the Puget Power right -of -way will soon be coming and the Green River Dairy site's inclusion must be settled. As for the Dairy, LID #25 will be serving them without assessment. Mr. Hall stated he would discuss this method of serving the Dairy with Attorney Parker to be sure it is legal and correct. Councilman Crain asked if there would be additional costs involved. Mr. Hall answered the difference is not much to serve the additional acreage and the cost would be very small. Councilman Sterling asked if it would be possible for the Dairy to hook directly to the Metro plant through Renton. Mr. Hall stated he had not had a chance to look into that yet. Mr. Sneva stated only a small portion of LID #25 has to do with this pro- perty and that the service can be provided to them at this time with no additional cost. Mayor Todd stated the City accepts the petitions gratefully since there is no cost to the City. This LID is a totally property owner funded LID. Councilman Traynor asked if any pipe will be put in by the Dairy. Mr. Hall answered no, that there is available capacity. Councilman Crain pointed out there is no need for a right -of -way and the LID does not border their property. Mayor Todd pointed out the preliminary assessment hearing would take care of agreements or disagreements as to whether or not to include the Dairy in the LID. Councilman Traynor stated he wished to avoid the possibility of the Dairy being served as part of the LID and then later asking to be hooked into it without paying. Mayor Todd stated the Council could take the position the Dairy does not need to be in the LID or else grant a late comers agreement with fair share of the oversize costs later. Councilman Sterling stated perhaps the Dairy could put in their own system with the City of Renton and the Metro plant. Mayor Todd asked the petitioner if he wished to strike the Dairy property from the LID. Mr. Sneva answered they have no need for them to be in the LID. If the Dairy intends to be included then they can bear their part of the cost. Councilman Gardner stated the cost would be the same to join the LID now or later. Councilman Sterling stated we now need to set a public hearing date to get this started after acceptance of the petition. Mr. Hall stated that Wilsey Ham are proceeding as per their designation as engineers for LID #25 and as soon as the petition is accepted, the problems are settled through the hear- ings and Attorney Parker, the ordinance is passed, then the LID can be turned loose after a 30 -day protest period. MOVED BY TRAYNOR, SECONDED BY CRAIN, TO ACCEPT PETITIONS AS PRESENTED RE: LID #25.* Councilman Sterling asked if any wording has been changed during the time Mr. Spellman had the petition. Mr. Hall stated a paragraph has been added at the end regarding overrun of costs at 10% over estimates as required by law. *CARRIED. TUKWILA CITY COUNCIL MEETING Page 3, CORRESPONDENCE AND CURRENT BUSINESS Cont. Letter: Purchase of used ladder truck Letter: Mayor Todd's proposal re: Planning Commission and Board November 26, 1973 S..Z 3 Public Works Director Steve Hall read a letter addressed to Councilman Hill, Chairman, Street Committee, regarding the pur- chase of used ladder truck. Councilman Traynor asked if he should call for bids. City Clerk Shirlee Kinney stated any pur- chase over $2,000 would require a call for bid. Mayor Todd stated if the title of the truck is with another PUD, perhaps it can be purchased without a call for bid. Attorney Parker suggest. ed Mr. Hall go through the formality anyway. Councilman Traynor pointed out that any other bids can be turned down in favor of this truck. Mr. Hall stated these types of units sell rapidly and is concerned if we wait too long the one we want will be sold. As an interim solution, we could lease this unit for a month or so during which time we call for bids. Councilman Traynor added this would be a good time to try out the unit as well. MOVED BY CRAIN, SECONDED BY JOHANSON, TO AUTHORIZE STEVE HALL TO CALL FOR BIDS ON USED LADDER TRUCK AND /OR LEASE NECESSARY EQUIPMENT. CARRIED. Councilman Gardner suggested offering $1,800 for the truck and $1,800 for the lift. Councilman Sterling read Mayor Todd's letter to the Council regarding the Planning Commission and a Board of Appeals. Councilman Johanson stated there has been a study through the Planning Department suggesting changes and the Council should receive it soon. He then asked Mayor Todd how his suggestions would be helpful. Mayor Todd felt that once a plan like this is established, the Board of Appeals need only meet once a month. The Planning Commission could be working with the staff on any necessary decisions; the staff would be authorized to handle all business already covered by the code books and ordinances of the City. In this way, the Planning Conuuission would not have to meet as often. Paperwork and duplication of information would be reduced as well. Councilman Crain stated if someone comes in for a building permit and the plans meet all requirements, the City staff should be able to issue the permit without having to take it to the Planning Commission. Mayor Todd stated this is his point. Also, as it is now, there is as much as two months delay in granting approval for what is already approved in the books and by ordinance. The Board of Appeals would handle any disagreements or problems in meeting building requirements. Councilman Crain stated the Planning Department would be free to do more planning. He then asked if the Commission would still handle zoning. Mayor Todd answered yes. Mr. Ron Mettler, Chair- man of the Planning Comndssion, stated all building in the Andover Park area is cleared through the ACC first, then the plans are presented to the Planning Commission although they try to get the information to the City staff first. Councilman Crain asked if the 7- member Commission and 5- member Board of Appeals would need ACC concurrence. Mayor Todd answered no. Steve Hall stated the Planning Commission along with the department heads have discussed ways to increase efficiency and are developing a flow chart to help speed the work with developers. He stated the Public Works Department is trying this same kind of system. Mr. Sneva stated if the Board of Appeals handled the problems, the Planning Coim«ission could try to eliminate some of the con- flict with preventative suggestions. Mr. Dan Saul stated he agrees with the 7- member Commission and 5- member Board of Appeals plan. Hopefully the responsibility of planning will remain with the City staff. Councilman Sterling asked how a 5- member Board will be chosen. Mayor Todd stated on January 1 there will be three vacancies and he will recommend use of those remaining members and appoint four new persons subject to Council approval. Councilman Traynor stated if this plan is followed, he recommends all positions be re- appointed for existing members as well as new members. Councilman Crain stated this would be a good time to set length of terms. Councilman Gardner stated the ordinance would need to be changed from the stated 12 members. Mr. Ron Mettler stated the Comuutission is now in the process of changing its by -laws. These changes which are similar to the Mayor's proposal will come before the Council soon. Councilman Crain suggested this matter be tabled until other suggestions from department heads and the Planning Conuuission are heard. MOVED BY CRAIN, SECONDED BY STERLING, TO TABLE. CARRIED. TUKWILA CITY COUNCIL MEETING Page 4, CORRESPONDENCE AND CURRENT BUSINESS Cont. Discussion on LID #20 NEW BUSINESS Notice of Public Hearing re: Compre- hensive Park Plan Letters from Tukwila Police Officers AUDIENCE COMMENTS Cable TV Developments Budget Work Meeting re: Public Works Dept. P -17 Meeting Report Del Moss Resignation November 26, 1973 MOVED BY TRAYNOR, SECONDED BY STERLING, TO AMEND THE AGENDA TO DISCUSS LID #20. CARRIED. Steve Hall stated November 22 was the cut off date for protests on LID #20. All those involved withdrew their protest on the basis of a realignment with the golf course holding a comuiiitment to any future LID included in the area. This left four people representing 6.8% protest. He requested the Council to allow the engineer to proceed with the design project and to call for bids on construction. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT THE LID #20 PROJECT PROCEED AS RECOMMENDED. CARRIED. Mayor Todd announced Public Hearing Notice for December 17 at 7:00 P.M. in the Council Chambers regarding amending the Compre- hensive Plan of the City of Tukwila to include the 6 -Year Capital Acquisition and Improvement Program for Parks and Recreation. Councilman Traynor stated this meeting should not be held when the Council has vouchers to consider. City Clerk Shirlee Kinney suggested the next available meeting night would be January 14. MOVED BY CRAIN, SECONDED BY TRAYNOR, TO CHANGE DATE OF PUBLIC HEARING TO JANUARY 14, 1974 AT 7:00 P.M. IN THE COUNCIL CHAMBERS. CARRIED. MOVED BY STERLING, SECONDED BY CRAIN, TO AMEND THE AGENDA TO INCLUDE LETTERS FROM TUKWILA POLICE OFFICERS. CARRIED. Mayor Todd read letters from Mr. John Clarke, Executive Secretary, Washington Law Enforcement Officers Training Commission, inform- ing Chief Sheets that Officers Robert W. Abbott and David R. Desmul graduated with a grade of "A Mayor Todd then read letters addressed to him from the officers thanking the City for the opportunity to continue their education and to better serve the City and the Department. Mayor Todd and the Council express- ed their congratulations to Officers Abbott and Desmul. Mrs. Phyllis Pesicka asked how close the City is to an agreement with the cable TV company. Mayor Todd answered the City has had an agreement with the cable TV company since 1971. The reason the company has not performed up to par is due to lack of F.C.C. approval to install systems without two channels, as stated in the Council Minutes of November 19. Councilman Sterling announced a Budget Work Meeting with the Public Works Department, November 27 at 7:30 P.M. in the City Annex. Mayor Todd announced the results of the November 21 meeting held in the City Shops regarding P -17 and associated drainage canal. This project will proceed with a public hearing in January. It is funded and we expect it will go to bid early next spring. Councilman Traynor stated he assumed the records will hold the one letter that was put in the files by the Mayor. He then ordered in the form of a Motion that all letters and correspond- ence regarding Mr. Moss be written in the minutes of the next Council Meeting verbatim. City Clerk Shirlee Kinney asked Councilman Traynor which specific letters are requested. Council man Traynor answered the one letter from Mayor Todd to the Coun- cil and two letters from an engineering firm to the Mayor. Coun- cilman Traynor added the reason he feels the letters should be included is that only half of the information is going to be available in the records of the City and that everything should be made available and published into the minutes to show very clearly that Mr. Moss was accused falsely. *SECONDED BY STERLING. Councilman Sterling stated this situation has mush- roomed into something that has been accusatory through the news- papers, and did not feel it was his place to advertise all that has happened to Mr. Moss and he did not wish to make a public report either. Now Councilman Sterling feels on behalf of Mr. Moss after all this publicity it would be better to reveal the TUKWILA CITY COUNCIL MEETING Page 5, AUDIENCE COMMENTS Cont. Del Moss Resignation Cont. Budget Meetings ADJOURNMENT 9:25 P.M. ATTEST: contents of Mr. Moss' file. Mayor Todd stated it was better than destroying records which lends an air of suspicion. It is only fair to me and to Mr. Moss not to destroy the evidence which states our respective positions. Councilman Crain feels the letter should be destroyed. Mayor Todd stated he would not des- troy any records or letters. Councilman Sterling stated the intent was to clear these records for any future reference requested about Mr. Moss. Mayor Todd stated all the material goes together as one package. He then directed comments to the press coverage, in that they have made "mountains out of mole- hills." **CARRIED THAT THE RECORDS REGARDING MR. MOSS' RESIGNA- TION BE MADE AVAILABLE IN THE MINUTES OF THE NEXT COUNCIL MEETING. Councilman Sterling asked that the Council members and department heads meet following the Council Meeting to discuss the week's budget meetings. MOVED BY TRAYNOR, SECONDED BY CRAIN, THAT THE MEETING ADJOURN. CARRIED. Frank Todd, Mayor Shirlee A. Kenney, City Clerk November 26, 1973