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HomeMy WebLinkAbout1976-10-04 Regular MinutesOctober 4, 1976 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL PUBLIC HEARINGS Six Year Construc- tion Program: 1977 1982 TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall Council Chambers M I N U T E S Mayor Bauch, presiding, led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. Mayor Bauch; John McFarland, Administrative Assistant; Steven Hall, Public Works Director; Mabel Harris, City Treasurer; Lawrence Hard, Deputy City Attorney; Maxine Anderson, City Clerk Pro Tem. MOVED BY HILL, SECONDED BY PESICKA, THAT THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 20, 1976, BE APPROVED AS PUBLISHED.* Discussion ensued on the intent of the motion made by Councilman Saul concerning the Seattle City Light appeal on the denial of a fill permit. Van Dusen asked Attorney Hard what the purpose of the discussion is in reference to a motion? Hard stated that the discussion has absolutely no significance, there are times, if a motion is not clear, you can go to the discussion that was held and try to determine the meaning. Saul asked to have the motion read as was stated verbatim from the tape. "Moved by Saul, seconded by Van Dusen, that the Council follow the recommendation of the Planning Commission and concur with it and deny City Light a permit to fill their property." Steve Hall, recalling past discussions, stated that Staff recommendation included alternatives, and the Planning Commission discussed this but Seattle City Light said they wanted either an approval or a denial with no conditions and that is why the Commission denied the permit. Saul stated that was what his motion said. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE MINUTES BE AMENDED AS PER THE TAPE. MOTION CARRIED. *ORIGINAL MOTION CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Vouchers No. 668 752 Current Fund 668 720 14,340.92 Street Fund 721 728 4,054.72 Federal Shrd. Rev. 729 730 6,849.53 Water Fund 731 741 13,056.19 Sewer Fund 742 751 4,386.74 W/S Construction 752 70,995.36 $113,683.46 Adjust Warrant No. 333 (8/16/76) from Land Acq. to City Hall Construction. Voucher ($3,500.) was inadvertantly included in wrong fund. Mayor Bauch explained that the purpose of the public hearing on the Six Year Construction Program is to comply with state law and allow public input on the proposed program. He declared the Public Hearing open. Steve Hall, Public Works Director, gave a report to familiarize the audience with the 11 projects in the program. He stated that Phase A of the Southcenter Boulevard Project (Item No. 1) is under design and we hope to be under construction early next year. He noted that there is additional FAM funding available and he would be submitting an application. If granted, the funding would be used for upgrading Southcenter Boulevard between 65th Ave. South and Interurban Avenue. On Item No. 6, he noted that the City did not receive the grant applied for on the Christianson Road Project and he would be back to the Council at a later date with some staff recommendations. Item No. 8 53rd Ave. South overlay is contingent upon annexation of the area since half of it is in the county. TUKWILA CITY COUNCIL REGULAR MEETING October 4, 1976 Page 2 PUBLIC HEARINGS Cont. /6 Six Year Construc- Steve Hall gave a further report on the progress of the undergrounding tion Program: program and the additional phases. He stated that those streets that 1977 1982 are City boundaries would not be undergrounded as there is no Cont. leverage to force those living outside the City to connect. CITIZEN'S COMMENTS Audience Comment, Frank Todd Summons: Wayne R. Parker vs. City of Tukwila Total estimated cost for the Six Year Construction Programs $4,204,000. Ms. Pesicka asked why the undergrounding program for the current phase was not continued down South 149th while the machinery was still there. Mr. Hall informed her it was divided into dollar projects over the ten year period and this was the way it came out. Traynor stated he had several people ask him when the street in front of Tukwila School would be completed and was told, according to the program, it was scheduled for 1979. There being no audience comment or no further discussion, Mayor Bauch declared the Public Hearing closed. Mr. Frank Todd, audience, asked what the progress is on the application for the grant to place the City Hall on Site #6. Mayor Bauch stated that the application for the grant is being processed. Word is that the Economic Development Council will not accept applica- tions until October 26 and the City's request will be ready before then. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS was Mayor Bauch noted, for the record, a summons received by the City of Tukwila from Wayne R. Parker, former City Attorney, relating to compensation for legal services incidental to the establishment of Local Improvement District No. 25. Hill asked Attorney Hard why the City should not pay Mr. Parker? He stated that as far as he was able to see, his charges are within the limits of the Ordinance. Attorney Hard stated that the issue is an interpretation of when the Council considers the work under LID #25 complete. He further stated that the Council can authorize payment but, in his opinion, the LID is not done. There are still considerable problems, including a lawsuit. It is a Council decision as to the appropriate way to handle payment of all of the attorney fees involved. He stated that he felt the property owners in the LID would be penalized if they have to pay the full 3% attorney fees and have to pay his attorney fees for handling the lawsuit besides. He is sure that when the final assessment roll is completed the County is going to look at it very carefully as they know the lawsuit is going on. Ms. Pesicka asked if Mr. Parker takes the City to court the property owners are not going to pay our City Attorney fees, are they? Attorney Hard stated that, at this time, he is recording his time as spent under LID #25 but, so far, there has not been a lot of time. At the moment, he believe that this is part of the LID but he will research it further. Traynor stated that it looks like we are headed for another lawsuit and he doesn't believe Mr. Parker is entitled to his 3% at this time. Mr. Hard agreed that this lawsuit is the result of some problems that arose before and some of these problems we are facing should already have been solved. TUKWILA CITY COUNCIL REGULAR MEETING October 4, 1976 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Summons: Wayne R. Parker vs. City of Tukwila Cont. Letter commending MOVED BY HILL, SECONDED BY TRAYNOR, TO AMEND THE AGENDA TO READ A Police Office LETTER INTO THE RECORD. MOTION CARRIED. Pat Phelan SECOND READING OF ORDINANCES FIRST READING OF ORDINANCES i6 4, Hill stated that there was a mistake made when the ordinance, that included the 3 was passed but it was in effect and maybe could be settled for less money if handled in a different manner. He noted that there are two issues here the 3% and the litigation. Mayor Bauch noted that he mailed a letter to Mr. Parker telling him that when the LID is complete and the final assessment roll done the matter of his fees would be considered and he answered the letter by filing the lawsuit. Mr. Frank Todd, audience, requested the letter be read in full for the information of the audience. Mayor Bauch read the letter. Mr. Todd stated that perhaps the reason the summons was issued was because of the language in the letter. Van Dusen asked why the Council doesn't see if Mr. Parker will settle for the stated amount and stamp it paid in full. Attorney Hard suggested discussing this further in Executive Session. MOVED BY TRAYNOR, SECONDED BY PESICKA, TO MOVE ON WITH THE AGENDA. MOTION CARRIED WITH VAN DUSEN VOTING NO. Councilman Hill read a letter from Chief of Police Sabe Pfau, Missoula, Montana, commending, to the highest degree, the quick thinking and heroic actions of Tukwila Police Office Pat Phelan. Office Phelan assisted in the rescue and aid of a Mrs. Helen Menter from a fire caused by an explosion in her pickup camper. Ordinance No. 992 MOVED BY PESICKA, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE Relating to Marking READ. MOTION CARRIED. Deputy City Attorney Hard read an ordinance and signing of relating to marking and signing of Bus Zones with the City of Tukwila. Bus Zones MOVED BY HILL, SECONDED BY PESICKA, THAT ORDINANCE NO. 992 BE ADOPTED AS READ. MOTION CARRIED Proposed Ordinance- MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE Providing for the READ. MOTION CARRIED. Deputy City Attorney Hard read an ordinance transfer of providing for the transfer of funds from Non Departmental /Miscellaneous funds into the Services to City Attorney to cover increased costs and amending City Attorney Budget Ordinance No. 957. Budget Ordinance No. 993 MOVED BY PESICKA, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BY Fixing amount of READ BY TITLE ONLY.* tax levies neces- sary to raise MOVED BY HILL, SECONDED BY TRAYNOR, TO AMEND THE MOTION TO READ THE funds to meet PROPOSED ORDINANCE IN ITS ENTIRETY. MOTION CARRIED WITH SAUL VOTING the estimated NO. *ORIGINAL MOTION CARRIED. Deputy City Attorney Hard read an expenditures for ordinance fixing the amount of tax levies necessary to raise funds to the year 1977 meet the estimated expenditures for the year 1977 as required by RCW 84.52.020; authorizing the City Clerk to certify such budget or estimate of the amount to be raised by taxation on the assessed valuation of the property located within the City of Tukwila, Washington, and declaring an emergency. TUKWILA CITY COUNCIL REGULAR MEETING October 4, 1976 Page 4 FIRST READING OF ORDINANCES Cont. Ordinance #993 Fixing amount of tax levies Cont. Proposed Ord. Longevity benefits for City Employees Ordinance #994 For the con- demnation of certain lands (LID #25) RESOLUTIONS Resolution #555 Approving a Joint Comp. Solid Waste Management Plan Resolution #556 Granting approval of the Prelim. Plat of Sky -View Acres Proposed Res. Approving a three year Community Development Plan DEPARTMENT REPORTS Mayor's Report RECESS 8:20 P.M. 8:25 P.M. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE ON LONGEVITY BENEFITS FOR CITY EMPLOYEES BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF OCTOBER 11, 1976. MOTION CARRIED. /4 4i7 Mayor Bauch noted that there was no need to suspend the rules for second reading as the ordinance is declaring an emergency. MOVED BY HILL, SECONDED BY PESICKA, THAT ORDINANCE NO. 993 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY MS.PESICKA,THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance authorizing and directing the City Attorney for the City of Tukwila to purchase and /or institute and prosecute to determination in the proper court, or courts, an action or actions in the name of the City of Tukwila under the right of eminent domain for the condemnation and acquisition in fee simple and easements where necessary of certain lands and property for the purpose of public access, sidewalks, curbs, cutters, landscaping and utilities, including under- ground water, power and telephone utility lines to private property and a regional park facility; providing for the payment of said lands and property; declaring a public use and necessity; and declaring an emergency. MOVED BY HILL, SECONDED BY SAUL, THAT ORDINANCE NO. 994 be adopted as read.* Attorney Hard explained that this is concerning the LID #25 street problem. The Council had determined not to exchange land so they have reached an impasse and it is necessary to start condemnation to acquire the property. *MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution of the City of Tukwila approving a joint comprehensive solid waste management plan and authorizing an interlocal agreement with King County. MOVED BY MS. PESICKA, SECONDED BY HILL, THAT RESOLUTION NO. 555 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution of the City Council of the City of Tukwila granting approval, subject to certain conditions, of the preliminary plat of Sky -View Acres being Office of Community Development File No. 76 -26 -SUB. MOVED BY HILL, SECONDED BY SAUL, THAT RESOLUTION NO. 556 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution of the Tukwila City Council approving a three year Community Development Plan and one year program required for participation with King County in applying for funds pursuant to the Community Development Act of 1974. Mayor Bauch announced that the President signed the Public Works Employment Act and the City Staff is in the process of completing the grant application for City Hall. He asked John McFarland, Administrative Assistant,to report on this. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order with the Councilmembers present as previously noted. TUKWILA CITY COUNCIL REGULAR MEETING October 4, 1976 Page 5 DEPARTMENT REPORTS -Cont. Mayor's Report John McFarland gave a report on the City Hall grant application. Continued The total amount estimated for the City Hall Complex is $1,528,040. This amount includes the cost of a 20,000 square foot building, architectual engineering fees, state sales tax, landscaping and capital equipment. Ms. Harris stated that the state law requires 1% of the construction costs of new buildings to be used for art forms. Mayor Bauch told her it is included in the total. Mr. McFarland stressed that timing on the application is critical. hours spent City Attorney's Ataw,y jj�� d noted low down in the number of in the municipal Report co`�r'H Yld "F9V s a ign. He reported on the current status (Report of the lawsuits involving the City and listed their court dates. He Amended: stated that he wanted to discuss the Riverside Inn matter and their 10/18/76) proposal on a settlement with the Council and suggested further discussion in an Executive Session. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Announcements Councilman Traynor announced that the Community Affairs Committee will meet Wednesday, October 6, 1976, 5:30 P.M. at the City Annex. Councilman Saul announced that the Finance Committee would like to change their meeting times to the first and third Mondays of each month at 4:00 P.M. at City Hall. It was noted that the ordinance will have to be amended to change meeting dates. EXECUTIVE MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE COUNCIL GO INTO SESSION 8:55 P.M. EXECUTIVE SESSION. MOTION CARRIED. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE EXECUTIVE SESSION CLOSE. MOTION CARRIED. /50-ed Edgar DiBauch, Mayor /7C{ ,/C L e Maine Anderson, City Clerk Pro Tem ADJOURNMENT MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE REGULAR MEETING OF THE 9:35 P.M. TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED.