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HomeMy WebLinkAbout1975-09-15 Regular MinutesSeptember 15, 1975 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL 333 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 Council Meeting to order. GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 2, 1975 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 10, 1975 BE APPROVED AS PUBLISHED. CARRIED, WITH SAUL VOTING NO. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* MOVED BY DAVIS. SECONDED BY JOHANSON. TO AMEND THE MOTION TO WITHHOLD CASH WARRANT 60 AND REVENUE WARRANT 40 TO COVER 3% FEES TO THE CITY ATTORNEY AND TO PLACE THE WARRANTS IN THE FINANCE COMMITTEE FOR FURTHER STUDY. Councilman Saul asked why this action is necessary. Councilwoman Davis stated she felt the committee should ask how many hours the City Attorney has worked on LID #19 and if the new ordinance setting forth hourly rates for work involved in LIDs applies to this situation. Councilman Saul questioned whether the ordinance applied to the time frame of this LID. Councilwoman Harris further explained that the new ordinance includes a Council policy regarding LIDs that the City Attorney shall be paid an hourly rate, a mutually agreeable rate between the City Attorney and the City Council. Discussion continued. Councilman Sterling stated since there seems to be several questions, the matter should be reviewed. *CARRIED. Councilman Sterling stated he questioned Voucher 6692 in payment to the contractor for the new fire station. The Voucher lists items of work that have been completed, is that correct? Fire Chief Hubert Crawley stated they have not been com- pleted and that this list of items is in addition to another list of items he submitted. It was determin- ed the Public Works Director had approved payment of the Voucher. MOVED BY STERLING, SECONDED BY SAUL, TO AMEND THE MOTION TO WITHHOLD VOUCHER 6692. Steve Hall, Public Works Director, stated he had routed the Voucher through the Fire Department before he signed approval for payment. Discussion contin- ued regarding work to be completed by the contractor. *CARRIED. Councilman Saul asked Police Chief John Sheets about the Voucher in payment of expenses for a trip to Kentucky to attend a burglary seminar. Chief Sheets explained Officer Kilburg has been selected to attend a school in Louisville, Kentucky. The tuition, lodg- ing and transportation expenses are paid by a grant through LEAA. The course is crime prevention speci- fically as it applies to residential burglary. Other agencies have sent officers to this school and results have shown a reduction in the rate of residential burg- lary in their areas. Councilman Traynor asked about Officer Kilburg's salary and days off while attend- ing school. Chief Sheets replied Officer Kilburg will be paid his salary as usual, his normal days off will be scheduled and no overtime is anticipated during the four weeks of school. Councilman Johanson asked TUKWILA CITY COUNCIL MEETING September 15, 1975 Page 2 VOUCHER APPROVAL Cont. BID OPENINGS, AWARDS AND CALLS Bid award Modification of T.F.D. Engine 7 PUBLIC HEARING LID #26 FINAL ASSESSMENT ROLL Open Public Hearing 7:25 P.M. what goals does the Department anticipate in percent- age of burglary reduction. Chief Sheets stated the information is available in his office, but the Department does hope to keep the rate of residential burglary at the same percentage over the next five years. The rate of commercial burglary is increas- ing rapidly. Discussion continued. Councilwoman Harris asked if this grant for school is separate from the LEAA grant for the Burglary Amelioration Program. Chief Sheets replied it is separate. He stated the reason Officer Kilburg was given the opportunity to apply for the grant was his involvement in setting up the Burglary Amelioration Program for the City. *VOTE ON ORIGINAL MOTION AS AMENDED, CARRIED. Vouchers #6589 #6713 Current Fund #6589 #6671 $16,236.50 Street Fund #6672 #6687 18,354.85 Bldg., Land Acq. #6688 8,163.76 Fire Stn. Const. #6689 #6691 9,863.82 (Voucher #6692 voided) Water Fund #6693 #6703 1,038.82 Sewer Fund #6704 #6713 9,029.19 Total $62,686.94 1 34 Councilman Traynor stated the Public Safety Committee recommends all bids be rejected as the lowest bid was $1,200 over the amount budgeted for modification. He suggested Chief Crawley review the necessity of having the work done with the Public Safety Committee members. The truck as it is now is functional. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT ALL BIDS BE REJECTED. CARRIED. Chief Crawley stated any time two of the main pumpers are down, we will have to call upon Engine 7. The purpose of this modifica- tion was to bring the truck up to the standards of the other two pumpers. Engine 7 is not useful in apartment fires and if it is stationed here on the hill, it would likely be the first to arrive at any of the apartments in case of fire. MOVED BY TRAYNOR, SECONDED BY SAUL, TO REFER THE MATTER BACK TO THE PUBLIC SAFETY COMMITTEE. CARRIED. Mayor Todd opened the Public Hearing for audience comments. Steve Hall, Public Works Director, briefly introduced the area included in the Roll and read the notice of public hearing. He explained the City of Tukwila has paid the overlay portion of improve- ments. Trunkage rates were computed on the total area on a per square foot basis at approximately 1.7 per sq. ft. The lateral charge for collectors was based on a modified zone front footage rate of $13.87 per front foot. The side sewer stub charge was $192.50 for all participants. The total Roll is $193,310.00. He stated he had not yet reviewed the letters of protest. Letters of protest had been received from Ernest C. and Marilyn J. Onorati, Willis and Jeanne Burton, Fairrel W. Tackett, Fans E. West, Ruth Long, Glenn and Theresa Justice, Heinz Ritter, J. R. Nyholm, Byron A. Taylor and Norman R. Morris. Mr. Onorati, 5102 So. 163rd Place, stated according to a Tukwila ordinance, the owner must hook up to the TUKWILA CITY COUNCIL MEETING September 15, 1975 Page 3 PUBLIC HEARING LID #26 FINAL ASSESSMENT ROLL Cont. sewer system within 30 days after the final assessment roll is approved. He stated he would like this provi- sion to be the same as the neighboring area in LID #6 which is that the party never has to hook up. The area is in the County, but it is basically the same project. He stated he attempted to call Terry Mat lick at Val Vue Sewer District and never received an answer to his call. Mr. Onorati stated he wanted to get copies of easements because it appears some have been left out. Bob Stanton of Yoshida, Inc. (engineer firm for the project) stated Val Vue Sewer District has all original records on easements which have been filed with King County. Steve Hall explained the agreement between the City of Tukwila and Val Vue Sewer District which had been executed before the formation of the LID. Mr. Onorati stated he also objected to the cost of the assessment to his property but he felt the two Questions should be answered. Councilman Saul stated the participants in LID #6 in the County still have to pay even though they do not hook up. Mr. Onorati stated the moral to the question is not whether they pay but whether they have to hook up. Councilman Saul stated he felt it would be of benefit to everyone if all participants hooked up. With reference to Mr. Onorati's letter, Councilman Saul Questioned the 10.8% increase in sewer assessment over the preliminary assessment roll. Steve Hall, Public Works Director, stated the bids from contrac- tors were not over 10% as agreed at the time of preliminary assessment roll. The assessments them- selves are 10.8% over estimated due to changes and problems in the phase of construction. Participants in LID #6 in the County and in LID #26 in the City shared the cost of the interceptor, which has the capacity for the entire combined LID areas. Each participant's charge is based on the percentage por- tion of the total cost of the capacity they will use. Councilwoman Harris asked if any of the participants were advised of the overrun in cost during the time they occured. Are these participants learning of the increase for the first time tonight? Steve Hall replied the final costs are computed and publicized through the final assessment roll as in any other LID. Councilwoman Harris asked what the estimated costs had been. Steve Hall replied the trunkage was estimated at 1 1/2 per sq. ft., laterals at $12.50 per zone front foot and side sewer stubs at $175.00 each. City Clerk Shirlee Kinney read the letters of protest submitted. The location of each property was indica- ted on the map by Steve Hall. With reference to Mr. Mrs. West's letter, Steve Hall stated he has contacted Val Vue several times about complaints of substandard repairs, improper overlays, etc. He stated the contractor is obligated to com- plete the work to the satisfaction of the property owner until such time as the contractor receives the deed release from the homeowner. Mrs. Justice asked about her assessment and its amount relative to a neighbor's assessment and lot size. June Paget, Yoshida, Inc., explained the charge on 88.1 feet on the trunkage rate and 120 feet on the lateral charge for the Justice property. TUKWILA CITY COUNCIL MEETING September 15, 1975 Page 4 PUBLIC HEARING LID #26 FINAL ASSESSMENT ROLL Cont. Close Public Hearing 8:34 P.M. RECESS 8:34 P.M. 8:48 P.M. /33G Steve Hall and June Paget explained the method of computing zone and front foot charges at the board. Mayor Todd suggested the engineer and the Public Works Director meet to settle the questions about Mrs. Justice's property and her neighbor's property and report to the Council. Mrs. Justice asked when and to whom is the assessment paid. City Treasurer Mae Harris replied as soon as the final assessment roll is accepted, billings will be mailed and the owner has 30 days to pay all or part of the total assessment without interest. After 30 days, the total is payable in 10 annual install- ments with interest computed on the declining balance; the interest will probably be 8 1/2% for this LID. Councilman Saul referred to the letter from Mr. Mrs. Willis Burton and explained the circumstances of their property. The total area on Lots 32 and 33 is 9,000 sq. ft. June Paget explained since much of the 150 ft. along the front was very narrow where it abuts the freeway, the frontage was averaged at 100 ft. and assessed in the same manner as everyone else. Al Pieper stated LID #6 sold their bonds at 7% when the interest rates were higher than now why will the rate be 8 1/2% for LID #26? Bob Stanton stated the most recent LID for Val Vue was bonded at 8 1/4 8 1/2 Al Pieper stated the front footage rates are not always fair depending upon the shape of the pro- perty. The number of sq. ft. in a lot may be the same as the one next to it, but if the lot differs in depth the assessment will be different. Councilman Traynor stated the method used for figuring the front footage zones is determined by the State Legislature. Steve Hall added this is the reason for review by the City Council with a public hearing adjustments can be made if assessments are unfair to anyone. Mr. Ernie Onorati illustrated the sewer line and side sewer stub hookup to his property. He stated it was installed by Val Vue under LID #6 and he did not have a choice in where it was placed. Mayor Todd stated Val Vue did not have the authority to install it within the City limits at that time. Mr. Onorati stated he went to a lot of trouble just to find out at what depth the line had been placed. In checking on that, he found some easements at Val Vue were missing. How does that affect the cost if these items were eliminated from the contract? Steve Hall stated if anything was deleted from the contract, it was on a per foot cost for the sewer and a per unit cost for the manholes. It was deducted from the entire cost of the LID on the collector portion. Bob Stanton stated the contractor was paid on a linear foot basis for pipe put in the ground. The cost of the collector is shared on a percentage basis by the participants of LID #6 and LID #26. Councilwoman Davis asked if Mr. Onorati suffered any hardship due to the place- ment of the stub. Mr. Onorati replied it was placed four feet deeper than it should have been plus the fact that it does not appear on the drawings at Yoshida's office. Bob Stanton stated there were several sets of drawings in the field which had been confused. Mayor Todd called for further audience comments and receiving none, closed the public hearing for LID #26. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MEETING RECESS FOR TEN MINUTES. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. TUKWILA CITY COUNCIL MEETING September 15, 1975 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Claim for Damages Perry W. Macklin OLD BUSINESS Attorney General's letter re: State Retirement System Foster Golf Course NEW BUSINESS Letter from PSCOG re: purpose statement for revised regional plan Letter from Steve Hall re: flag pole and phone booth in Tukwila Park Letters from Steve Hall re: projects in City Park and CETA personnel I 3 3 7 MOVED BY TRAYNOR, SECONDED BY STERLING, TO REFER THE CLAIM FOR DAMAGES FILED BY PERRY W. MACKLIN TO THE CITY'S INSURANCE CARRIER. CARRIED. MOVED BY JOHANSON, SECONDED BY DAVIS, THAT THE CITY COUNCIL MAKE PAYMENT IN FULL TO THE STATE RETIREMENT SYSTEM IN THE AMOUNT OF $488.24. CARRIED. MOVED BY STERLING, SECONDED BY SAUL, TO AMEND THE AGENDA TO INCLUDE ITEM 8.b., FOSTER GOLF COURSE. CARRIED. Councilman Sterling stated the Council has received the ballot title as recommended by the bonding attorney. The proposition for the November election does not include the amount for revenue bonds. We need to have an ordinance or resolution prepared to submit to King County in order to have this special election. MOVED BY STERLING, SECONDED BY JOHANSON, THAT THIS ITEM BE INCLUDED IN THE RECESSED SESSION OF THIS MEETING ON WEDNESDAY, SEPTEMBER 17, AT 7:00 P.M. SECOND AND MOTION WITHDRAWN. The City Council agreed to table the matter until later on the Agenda. Mayor Todd explained the Puget Sound Conference of Governments is currently under reorganization and he felt it would be advisable for the City to pro- ceed as if the Conference were still intact. The City Council has been forwarded the information and has a choice of three proposed drafts of organization. Councilwoman Harris stated she felt the public should have copies available to them for input and the Council should then schedule a public hearing in October. Kjell Stoknes stated he felt the intent was to submit comments at this time and that the final draft will be out by September 26. The reg- ional plan will be done in several stages with this purpose statement as the first step. Councilwoman Harris commented the timing of this request is not very realistic. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT THE CITY COUNCIL SCHEDULE A PUBLIC HEARING ON WEDNESDAY, OCTOBER 22, 1975 AT 7:30 P.M. TO CONSIDER AN INITIAL DRAFT PURPOSE STATEMENT FOR THE REVISED REGIONAL PLAN. CARRIED. Mayor Todd read the letter from Steve Hall dated September 10, 1975 and explained this action is a result of a request made by Mrs. Elanor McLester. Mrs. Ellen Harding stated there seems to be a lot of vandalism in the Park and she could not see a telephone booth lasting too long. MOVED BY HARRIS, SECONDED BY TRAYNOR, TO REFER THE LETTER TO THE PARK COMMISSION. CARRIED. Mayor Todd read a letter from Steve Hall dated September 10, 1975 regarding four out of seven projects scheduled for completion in the 1975 Budget. A brief history of progress was covered in the letter and Steve Hall wrote the Public Works Department would accept three CETA personnel for three months. Councilman Traynor read a letter from Steve Hall dated September 12 which stated in further discuss- ions with the Council and Public Works personnel, consideration of the CETA personnel has been revised and he does not wish to accept the offer. Council- woman Harris stated part of the justification for TUKWILA CITY COUNCIL MEETING September 15, 1975 Page 6 NEW BUSINESS Projects in City Park CETA Cont. SECOND READING OF ORDINANCES Ord. 939, Transfer of appropriations from Mayor's Dept. to City Council Professional Services and to City Hall Construction Fund Ord. 940, Increasing amount of Advance Travel Expense Account Proposed ordinance, Amending T.M.C. re: Towing services dispatch office Ej storage lots Ord. 941, Amending T.M.C. adopting by reference new King County ordinance re: sewage disposal systems FIRST READING OF ORDINANCES Proposed ordinance, Approving confirming final assessment roll re: LID #26 3 38 the paving machine was to do the tennis court at Southcentral playground. The Council was assured at the time the 1975 Budget was being set up that these projects would be accomplished. It is too bad the street projects have to be delayed in order to do the work in the Park and Recreation Maintenance Department. This juggling of manpower should have been realized long before the CETA request was made. She suggested that one position be picked up to take care of maintenance at City Hall. Mayor Todd stated the request for CETA people was made in December, 1974. Councilwoman Harris stated the request in December was for 6 people at $35,000 funding and 50% of the employees would have had to be retained by the City full time. Based upon this letter from Steve Hall, the CETA personnel will not be further considered. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ IN FULL. CARRIED. Attorney Parker read proposed ordinance amending Budget Ordinance 911, Section 1, and transferring appropriations from the Department of the Mayor to the Department of the City Council and to the City Hall Construction Fund. MOVED BY JOHANSON, SECONDED BY SAUL, THAT ORDINANCE 939 BE ADOPTED AS READ.* Councilwoman Harris stated this is in different form than one she had proposed and she did not believe this was in proper form for amending the Budget. *CARRIED. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance amending Section 2 of Ordinance 614, increasing the amount of the "Advance Travel Expense Account," by title only. MOVED BY JOHANSON, SECONDED BY SAUL, THAT ORDINANCE 940 BE ADOPTED AS READ. CARRIED. Councilwoman Harris stated this ordinance was consid- ered in the Public Safety Committee. The committee reviewed this ordinance and recommends "do not pass." At this time, it is not necessary to revise the Code to include towing companies outside the City limits. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Councilman Gardner pointed out an individual still has the right to call any towing company he wishes. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT PROPOSED ORDINANCE BE DENIED. CARRIED. MOVED BY GARDNER, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance amending Tukwila Muni- cipal Code Section 14.08.010, adopting by reference the new King County ordinance relating to and regu- lating sewage disposal systems and repealing Sections 14.08.020 through 14.08.100 of the Tukwila Municipal Code, by title only. MOVED BY GARDNER, SECONDED BY TRAYNOR, THAT ORDINANCE 941 BE ADOPTED AS READ. CARRIED. Councilwoman Harris stated the Council just held the public hearing on the final assessment roll and she did not feel the ordinance should be considered for its first reading tonight. The third paragraph indicates all protests were heard and overruled and all requests for changes in assessments were denied. TUKWILA CITY COUNCIL MEETING September 15, 1975 Page 7 FIRST READING OF ORDINANCES Cont. Proposed ordinance, re: final assessment roll, LID #26 Ord. 942, Transferring appropriations from Contingency Fund to the Recreation Div. of Current Fund RESOLUTIONS Res. 494, Fixing public hearing date for petition re: vacation of So. 152nd Street 33 9 MOVED BY HARRIS, SECONDED BY DAVIS, THAT THE PROPOSED ORDINANCE BE STRUCK FROM THE AGENDA AND BE PLACED ON THE NEXT REGULAR MEETING'S AGENDA, OCTOBER 6, 1975.* Councilman Saul stated he felt the ordinance could be read tonight since the Council still has two weeks to review the protests. In that way, the ordinance can be read for a second time and passed at the next meeting if the assessment roll is ready for approval at that time. *CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE READ IN FULL. CARRIED. Attorney Parker read proposed ordinance transferring appropriations from the Contingency Fund to the Recreation Division of the Current Fund and amending Budget Ordinance 911. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULES AND READ THE PROPOSED ORDINANCE BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance transferring appropriations from the Contingency Fund to the Recreation Division of the Current Fund and amending Budget Ordinance 911, by title only. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT ORDINANCE 942 BE ADOPTED AS READ.* Councilwoman Harris requested a copy of Richard Hunt's letter be read. City Clerk Shirlee Kinney stated her office had not received the letter. Kjell Stoknes, Planning Director, explained the request for extra labor and overtime in addition to the amount budgeted in order to cover the remainder of 1975. Councilwoman Harris read the letter from Richard Hunt dated September 8, 1975 and asked if it was necessary for staff to work overtime with the addition of three part -time people. Steve Hall explained the need for both due to the enthusiastic response to all the recreation programs this fall. *CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution fixing the 6th day of October, 1975 in the Council Chambers of Tukwila City Hall as the time and place for public hearing before the City Council of the City of Tukwila to consider a petition for vacation of a portion of South 152nd Street. Steve Hall, Public Works Director, reviewed the map showing the existing right -of -way and the proposed revised street. In response to Councilwoman Davis's question, Steve Hall replied there is a contingency for a cul -de -sac in the event the street is not constructed all the way to 62nd Street. Steve Hall and Kjell Stoknes recommended the Council suspend the rules to read the resolution for its second reading in order that the public hearing can be timed in con- junction with the formation of a proposed LID and its construction. Councilman Johanson asked what is being given in return for the vacation. Steve Hall explained the 50 ft. right -of -way stipulated in the developers agreement. The legal description has now been approved and a quit claim deed will accompany the ordinance regarding the street vacation on October 6. Steve Hall further explained the new street align- ment. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULES AND READ THE PROPOSED RESOLUTION BY TITLE ONLY.* Councilman Gardner asked why this could not be placed in with the LID and be accomplished later. Mayor Todd stated the developer would have to know where the street is located before any improvements are constructed. Steve Hall stated we cannot initiate an LID until we have a valid right -of -way for the im- provements to be built upon. This project includes TUKWILA CITY COUNCIL MEETING September 15, 1975 Page 8 RESOLUTIONS Cont. Res. 494 Cont. RECESS 9:57 P.M. 10:10 P.M. Proposed resolution, Amending Res. 488 regarding the title Res. 495, Authorizing City Treasurer to utilize services of fiscal agent for State of Washington a resolution of intent to form an LID and another designating the engineer for the project. We are trying to coordinate all of this legislation for a smoother time flow. Mr. Graydon Smith is presently developing on the existing public right -of -way. Councilwoman Harris stated the resolution does not designate the owners of the property. Anyone reading the advertised resolution would not know enough about this street vacation from a legal description. MOVED BY HARRIS TO AMEND THE WORDING OF THE PROPOSED RESOLU- TION. MOTION WITHDRAWN. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE MEETING RECESS. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previous- ly listed. *MOTION TO SUSPEND THE RULES AND READ BY TITLE ONLY, CARRIED. Attorney Parker read proposed resolution fixing the 6th day of October, 1975 in the Council Chambers of Tukwila City Hall as the time and place for public hearing before the City Council of the City of Tukwila to consider a petition for vacation of a portion of South 152nd Street, by title only. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION 494 BE ADOPTED AS READ.* MOVED BY HARRIS, SECONDED BY DAVIS, THAT THE RESOLUTION BE AMENDED AS FOLLOWS IN THE FIRST PARAGRAPH: "WHEREAS, A PETITION HAS BEEN FILED WITH THE CITY CLERK BY GRAYDON SMITH REQUESTING A PORTION OF SOUTH 152ND STREET BE VACATED IN ACCORD- ANCE WITH R.C.W. 35.79" AND THAT SECTION 1 OF THE PROPOSED RESOLUTION BE AMENDED AS FOLLOWS: "THAT A PUBLIC HEARING BE HELD BY THE CITY COUNCIL AT 7:00 P.M. ON OCTOBER 6, 1975 IN THE CITY COUNCIL CHAMBERS OF THE TUKWILA CITY HALL, TUKWILA, WASHINGTON, TO CONSIDER THE PETITION OF GRAYDON SMITH TO VACATE A PORTION OF SOUTH 152ND STREET PURSUANT TO R.C.W. 35.79, THE PROPERTY FOR WHICH THE STREET VACATION IS REQUESTED BEING LEGALLY DESCRIBED AS FOLLOWS: Councilman Sterling asked if the City Attorney approv- ed this motion as to form. Attorney Parker replied it was contrary to State law and the record shows three other owners Mrs. Smith and Mr. and Mrs. Harrison. The motion is insufficient by naming only Graydon Smith. He recommended the Council pass the resolution in its original form. *AMENDMENT TO THE MOTION, FAILED WITH DAVIS, HARRIS AND JOHANSON VOTING YES. *MOTION TO ADOPT, CARRIED WITH DAVIS AND HARRIS VOTING NO. Councilwoman Harris stated she would like to see names of the owners and addresses of property identified in future notices of this type. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution amending Resolution 488 regarding the title. MOVED BY HARRIS. SECONDED BY STERLING. TO REFER PROPOSED RESOLUTION TO THE FINANCE AND PERSONNEL COMMITTEE. CARRIED. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED, WITH DAVIS VOTING NO. Attorney Parker read proposed reso- lution authorizing the City Treasurer to utilize the services of the fiscal agent for the State of Washing- ton, in accordance with R.C.W. 43.80, by title only. Councilman Johanson explained this resolution is an amended version of the original which had stated the current fiscal agent by name. MOVED BY DAVIS, SECOND- ED BY HARRIS, TO AMEND THE RESOLUTION BY ADDING THE WORD "SUBSTITUTE" PRECEDING "RESOLUTION CARRIED. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT RESOLUTION 495 BE ADOPTED AS READ. CARRIED, WITH HARRIS VOTING NO. /3L0 TUKWILA CITY COUNCIL MEETING September 15, 1975 Page 9 RESOLUTIONS Cont. Proposed resolution, Authorizing Chief Executive Officer City Clerk to execute mutual firefighting aid agreements DEPARTMENT REPORTS Treasurer's monthly report of investments MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Res. 496, Authorizing Planning Director to expend Professional Serv- ices to hire park planner authoriz- ing Mayor to enter into a contract for such purpose Foster Golf Course 1 34 1 MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution authorizing the Chief Executive Officer and the City Clerk to execute mutual fire- fighting aid agreements with King County Fire Dis- tricts No. 2, No. 11, No. 23 and with the City of Renton. Councilwoman Harris stated the Public Safety Committee had requested four separate resolu- tions and Fire Chief Hubert Crawley had understood this direction. City Clerk Shirlee Kinney stated she spoke with the Fire Chief regarding these agree- ments and she decided setting forth each agreement in a separate section as a separate exhibit would be sufficient. If any one agreement should need to be amended, the proper section of this resolution could be amended. Councilwoman Harris stated the Council Committee made a recommendation and the depart- ment head followed through. By what authority does the City Clerk not follow instructions of the Council Committee. City Clerk Shirlee Kinney stated this resolution would not have appeared on this Agenda at all since the Council Committee did not provide its report out of committee to her. The agreements were brought up at the Agenda Meeting last Thursday and the resolution was requested as a result. My office had one day's notice to get this resolution drafted and onto the Agenda for tonight. Shirlee Kinney stated she follows the Council procedures as closely as possible in addition to completing any job as efficiently as possible. Councilwoman Davis suggested the Committee chairman be contacted in these matters. Councilman Traynor read the City Treasurer's monthly report of investments for the month of August. MOVED BY HARRIS, SECONDED BY TRAYNOR, TO AMEND THE AGENDA TO INCLUDE A RESOLUTION AUTHORIZING THE PLANNING DIRECTOR TO HIRE PARK PLANNER ON A CONTRAC- TUAL BASIS. CARRIED. Councilwoman Harris stated she was not able to get this to the Clerk's office in time to be put on the Agenda but the Community Affairs Committee recommends "do pass MOVED BY HARRIS, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY.* Councilman Saul asked what the hourly rate in the contract is. Kjell Stoknes, Planning Director, stated the person is currently making $4.00 per hour while updating the comprehensive plan. This person has demonstrated a lot of skill and he does have a degree in landscaping. He stated he recommended the hourly rate of $5.50 per hour for the park planning project. Councilman Traynor en- couraged the other Council Members to look at the work being done by Mr. Stixrood. *CARRIED. Attorney Parker read proposed resolution granting the Planning Director the authority to expend professional services monies to hire a qualified person on a contractual basis for the purpose of preparing a park plan and related capital improvement program and authorizing the Mayor to enter into a contract for such purpose for the City, by title only. MOVED BY HARRIS, SECOND- ED BY SAUL, THAT RESOLUTION 496 BE ADOPTED AS READ. CARRIED. MOVED BY STERLING, SECONDED BY SAUL, THAT THE CITY COUNCIL AUTHORIZE THE CITY CLERK AND THE CITY ATTORNEY TO DRAFT THE WORDING OF A BALLOT TITLE IN COOPERATION TUKWILA CITY COUNCIL MEETING September 15, 1975 Page 10 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Foster Golf Course Cont. 34 WITH THE CITY'S BONDING COUNSEL AND THE FINANCIAL CONSULTANT, RON McLAUGHLIN OF FOSTER MARSHALL, TO PRESENT TO THE CITY COUNCIL AT ITS CONTINUED SESSION WEDNESDAY, SEPTEMBER 17, AT 7:30 P.M. CARRIED. Councilman Sterling stated whether any of us are for or against this acquisition, we should see that this is presented to the voters on a ballot. Helen Nelsen, Miss Nelsen stated she had prepared some comments in Independent Water response to the Minutes of the September 2, 1975 Company Council Meeting discussion regarding the purchase of the Independent Water Company. Addressing Mayor Todd, she stated she was not the owner of the ICW, that she is 1 /6th owner and president of the Company and auth- orized to negotiate on behalf of the other owners. She stated Mayor Todd had made statements that the City of Tukwila possibly owned the IWC and the burden of proof is upon him to answer. Mayor Todd excused himself from the table to retrieve documents from his office and he returned to the chair a few moments later. Mayor Todd referred to page 23 of City Council Minutes dated December 15, 1958 and signed by Charles 0. Baker and Lois T. Newton. The Minutes read in part as follows: "Mr. Baker drew attention to the accom- plishments of 1958. The highlights were the annexa- tion of the Codiga area, the Liston property and the Desimone property, adoption of a new building code, the celebration of the 50th Jubilee here in Tukwila, adoption of a franchise with Seattle City Light, and purchase of the Independent Water Company." He stated at the time that he did not know what part of the Company those Minutes referred to, but the Minutes seemed to indicate the entire system. Miss Nelsen stated since the City was negotiating for the purchase of IWC over the last few years, why would anyone assume the City already owned it. A resolu- tion was adopted to negotiate with the Independent Water Company. The point is that a cloud has now been thrown over the whole transaction. That pur- chase in 1958 was only for one part of the Company, not all of it. If the IWC was truly owned by the City of Tukwila, how does it happen that we are li- censed to do business with the Department of Trans- portation and Public Utilities in Olympia. Mayor Todd then referred to Voucher No. 5237 dated November 3, 1958 for $1,200, No. 5308 dated May 4, 1959 for $1,200, and No. 5389 dated November 19, 1959 for $1,200 and No. 5454 dated May 11, 1960 also in the amount of $1,200 and all were signed by Helen Nelsen. Miss Nelsen stated she could not understand why the vouchers would have been signed by her. She stated she knew the whole story behind that purchase and Mayor Todd does not. Mayor Todd stated he would like to explain what he has found out since those statments were made on September 2. In checking on what part of the system was purchased, he stated staff located a copy of an agreement dated September 15, 1958 which describes the part of the system pur- chased by the City. Miss Nelsen stated Mayor Todd should not have made his statements without having all of the facts first. Miss Nelsen stated further in the Minutes there were comments made by Chief Crawley regarding his survey of IWC which probably had been solicited by Steve Hall. The information in that survey was quite inaccurate regarding hydrants and easements. Every hydrant that was ever installed in that system was approved by the Public Works Department of the City of Tukwila at the time. Steve Hall, Public Works Director, stated he TUKWILA CITY COUNCIL MEETING September 15, 1975 Page 11 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Helen Nelsen, Independent Water Company Cont. Bicentennial Log Cabin raising Independent Water Company comments Cancer program 13q3 did not solicit a letter from the Fire Chief; the letter was presented to him and Steve Hall stated he presented it to the Public Works Committee. He stated he and Chief Crawley had reviewed the system and there is a report in the Public Works Committee at this time. Miss Nelsen asked if the plans had been checked to see where the hydrants were located. Steve Hall re- plied the plans in his office show no hydrants on them. Miss Nelsen replied her copy of the plans do show the location and they were approved by Jon Stack, Harstad Associates. We do not have eleven hydrants, we have seven and they are 350 feet apart. There is nothing wrong with them at all; they are a part of LID #19 and should have been checked by the Fire De- partment at the time of construction. As far as her house burning down and no hydrant available, there was a hydrant right next to the property. Miss Nelsen stated she has reviewed the contents of Chief Crawley's report with him in his office and his story might be a little different now. Councilman Traynor asked Miss Nelsen if the hydrants are located on private property or on property owned by the Independent Water Company. Miss Nelsen stated they are located on an easement. Public Works Committee Councilman Gardner announced a meeting of the Public Meeting Works Committee scheduled for Tuesday, September 16 at 7:00 P.M. at the City Annex. Councilman Saul thanked the people who came to help raise the cabin in the Bicentennial Park on Sunday. The band played great music and everyone enjoyed their picnic lunches. He stated the Bicentennial Committee meets regularly on the third Thursday each month and that the next meeting will consider goals and election of a new co- chairman. Mrs. Ellen Harding asked if the City does not buy the Independent Water Company, what will happen to it? And if the price is fair, why isn't someone else trying to buy it? Miss Helen Nelsen replied the IWC has been doing business in this area for 75 years serving water all over Tukwila and surrounding areas. We accommodated the City's customers and as the City was able to take over more customers, we gave over to them. We owned all the easements in Andover Park and Southcenter area and we cooperated with the City in upgrading the system to a certain level. At that time, the City agreed they would negotiate with us. The Independent Water Company is not for sale to any- one else. Mrs. Joan Todd announced "All you ever wanted to know about cancer and were afraid to ask" presented by the Tukwila Branch of the American Cancer Society on Sep- tember 16 at Doces meeting room. Programs will be held at 1:00 and 2:00 in the afternoon and at 7:30 and 8:00 in the evening with guest speakers. RECESS MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE COUNCIL 11:07 P.M. MEETING RECESS TO WEDNESDAY, SEPTEMBER 17, 1975, AT 7:30 P.M. IN THE COUNCIL CHAMBERS. CARRIED, WITH JOHANSON VOTING NO. TUKWILA CITY COUNCIL MEETING September 17, 1975 Page 12 CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS RECESS 7:30 P.M. 7:35 P.M. RESOLUTION Res. 497, Setting an election on Nov. 4, 1975 to submit proposal to sell bonds to acquire the Foster Golf Course ADJOURNMENT 7:45 P.M. Attest: Mayor Todd called the recessed session of the Tukwila City Council Meeting to order at 7:30 P.M. STERLING, TRAYNOR, SAUL, JOHANSON. J 34/ MOVED BY STERLING, SECONDED BY JOHANSON, THAT THE MEETING RECESS FOR FIVE MINUTES TO ALLOW OTHER COUNCIL MEMBERS TO ARRIVE. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed with the addition of Councilwomen Davis and Harris. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCILMAN GARDNER BE EXCUSED. CARRIED. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE AGENDA BE AMENDED TO INCLUDE A RESOLUTION SETTING AN ELECTION FOR THE PURPOSE OF A BOND ISSUE TO ACQUIRE THE FOSTER GOLF COURSE. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution setting an election to be held November 4, 1975, submitting to the voters of Tukwila a proposal for the issuance of general obligation bonds in an amount not to exceed $1,850,000.00, the proceeds of which shall be used to acquire the Foster Golf Course property for recreational purposes. Councilwo- man Harris suggested the text be amended to add "years" following the word "two Attorney Parker stated this text was supplied by the bonding official and financial consultant; these things are very technical and must be very carefully worded. He recommended the wording not be amended in any way. MOVED BY TRAYNOR, SECONDED BY STERLING, TO SUSPEND THE RULES AND PLACE THE PRO- POSED RESOLUTION ON ITS SECOND READING BY TITLE ONLY. CARRIED. Attorney Parker read proposed resolution setting an election to be held November 4, 1975, sub- mitting to the voters of Tukwila a proposal for the issuance of general obligation bonds in an amount not to exceed $1,850,000.00, the proceeds of which shall be used to acquire the Foster Golf Course property for recreational purposes, by title only. MOVED BY STERLING, SECONDED BY SAUL, THAT RESOLUTION 497 BE ADOPTED AS READ. CARRIED. Mayor Todd called for audience comments. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE COUNCIL MEETING ADJOURN. CARRIED. Frank To Mayor Shiriee A. Kinney, City Clerk