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HomeMy WebLinkAbout1977-01-17 Regular MinutesJanuary 17, 1977 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall M I N U T E S Council Chambers Council President Hill, 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 Steve Hall, Public Works Director; Kjell Stoknes, OCD Director; Mabel Harris, City Treasurer; Lawrence Hard, Deputy City Attorney; Maxine Anderson, City Clerk MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF JANUARY 3, 1977 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. Councilman Harris questioned whether the City should pay for the new City Directory cards since private service organizations are listed on the back of the cards. She questioned using City funds for the listing of private agencies. She suggested that the City Boards and Commissions should have been listed. *MOTION CARRIED. FINAL 1976 EXPENDITURES: Current Street Water Sewer 1409 1441 1442 1443 1445 1446 1447 BEGINNING 1977 EXPENDITURES: Vouchers No. 1409 1447 Vouchers No. 1448 1573 Current 1448 1552 Street 1553 1560 Fed. Shared Rev. 1561 1562 Water 1563 1567 Sewer 1568 1573 8,471.24 96.59 93.72 98.90 8,760.45 37,459.13 3,179.91 879.09 1,438.81 10,747.80 53,704.74 CHG International, Council President Hill suggested that Council revise the agenda since Waiver Request, Diane Attleson, Court Reporter, is present to record the discussion Letter from under Item #8 -b; requesting Council to reconsider their denial of Owners the waiver requested by CHG International. MOVED BY SAUL, SECONDED BY TRAYNOR, TO CONSIDER AGENDA ITEM 8 -b AT THIS TIME. MOTION CARRIED. Council President Hill stated that the item under consideration is a letter from Frank and Agnes Alberti, Elizabeth F. Holsinger and H.C. and Cec Tingvall requesting consideration of denial of the request for waiver by CHG International MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE LETTER UNDER CONSIDERATION BE READ. MOTION CARRIED. Councilman Pesicka read the letter explaining the background of the purchase of the proposed development site and the owner's opinions on the Public Hearing and the Council's decision to deny the waiver request. TUKWILA CITY COUNCIL REGULAR MEETING January 17, 1977 Page 2 /7.2 CHG International, The letter concludes: Before proceeding with a law suit, we would Waiver Request, ask the Council to promptly reconsider a reversal of their decision Letter from and acknowledge that the soils report and the critique by their Owners, Cont. Planning Staff and Public Works Engineer justifies the waiver of 489 in its entirety. City Attorney Hard wanted it made clear that there was a Public Hearing held on January 3, 1977 and proper notice was given for that hearing. Adequate opportunity was given for people to present testimony both for and against the proposal. The City Council acted on the basis of that hearing. Now, there are no procedures set forth in the Tukwila Municipal Code for a reconsideration by the Council of that decision. There are also no procedures set forth in the Washington State Laws for reconsideration of this matter. This is a peculiar incident, Mr. Alberti has asked the Council to reconsider its earlier decision. City Attorney Hard advised the Council that if Mr. Alberti has additional testimony or new information or there are people in the audience with new information it should not be presented at this time. This was not posted as a Public Hearing and it would be defective for the Council to take new testimony and make a decision on the basis of that. In fairness to both the applicant and the people opposing this application this should not be a fact finding hearing. Since there are no set procedures, if the Council wishes to reconsider this matter and hear further testimony they should schedule another Public Hearing. It would be all right for the Council to describe the action that it took before and give the reasons for having taken that action and answer questions raised by that, but this is not a fact finding hearing and he urged the Council not to take evidence this evening. Council President Hill stated that he does not feel the Council should have to sit and defend their decision. Councilman Saul stated that he felt this was on the agenda just to read the letter into the record. By having another Public Hearing, unless there is a lot of new evidence, what else can be gained? Councilman Van Dusen stated that he made the motion to have this on the agenda because he feels that people, no matter who they are, should have a chance to speak. He agreed with Councilman Saul that he does not want to rehear all of the old testimony. If there is some- thing significantly new that applies it should be heard. He asked if anyone has anything new? Mr. Frank Alberti stated that it appears the Council does not have the machinery to handle this situation. Kjell Stoknes, OCD Director, suggested taking consistent action and he recommended that the Council state that they will not reconsider any items unless the applicant starts over again by reapplying. This would be the same for subdivisions, rezone applications, etc. Councilman Harris stated concern about the understanding of the Council's action. In her mind it was not a denial of the right to ever build multi units on the site. Resolution #489 was adopted to allow time for review of the Comprehensive Plan for future development. The waiver request was to Resolution #489, not a waiver to the Comprehensive Land Use Plan. This denial of the waiver should not be intended as a denial to build, it is just a denial of a waiver for that period of time that the City is re- evaluating the Comprehensive Land Use Plan. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE COUNCIL ACCEPT THE RECOMMENDATION OF KJELL STOKNES, OCD DIRECTOR, AND ALLOW THE APPLICANT TO REAPPLY IF THEY SO DESIRE. Councilman Traynor stated that the waiver request was just to Resolution #489. The Council denied it once and it looks like all this motion is doing is allowing the applicant to come back and apply for another waiver. TUKWILA CITY COUNCIL REGULAR MEETING January 17, 1977 Page 3 CHG International, Council President Hill stated that, since the City Attorney recommended Waiver Request, not hearing new testimony this evening, if the applicant has new Letter from information this gives them the chance to come back and present it. Owners, Cont. 8:00 P.M. 8:05 P.M. ROLL CALL VOTE: 4 YES HILL, SAUL, TRAYNOR, VAN DUSEN 3 NO GARDNER, MS. HARRIS, MS. PESICKA MOTION CARRIED. Council President Hill expressed his opinion that Resolution #489 was not passed to down -grade any property, it was to slow down development until the review of the Comprehensive Plan is completed. Mr. Tom Johnson, CHG International, stated that since the Council is giving them the chance to reapply he is still unclear as to why the request was denied. The concept is apartments and land stability was discussed. Beyond this, he is not sure what it is the application should be directed to. City Attorney Hard stated that Mr. Johnson has a good point if they are going to make a meaningful re- application. If the Council has anything further as to why they have taken this action, now is the time to tell them. Mr. H. C. Tingvall stated that the Council is saying they are not going to down -zone but won't let them apply until they have finished the Plan that says they may down -zone. They have the zoning and now the only question is stability. Mr. Tingvall questioned, "Are you listening to the comments of the people or our soils reports Councilman Harris stated that the City Council is charged with the responsibility of the health, safety, and general welfare of the City. The decision of January 3rd was very difficult. There seems to be a misunderstanding on the Comprehensive Land Use Plan, it does not zone property. She cautioned the Council in considering any waivers in terms of the emerging Land Use Plan, it is not an official Plan. The proposal may change before it is adopted. If there are changes, they still have to go through the process of scheduled Public Hearings. Mr. Frank Alberti explained that he feels the Council made the de- cision on the comments of people who do not know anything about soils stability. Councilman Van Dusen noted that a lot of people spoke and some did have documentation. The Council wants to do the right thing and now they have given the developer a vehicle to proceed again. Mr. Dennis Robertson, Tukwila McMicken Action Committee, asked if there is another Public Hearing would it be on Resolution #489 in its entirety or on just certain sections? Mr. Kjell Stoknes, OCD Director, stated that he could not accept the waiver request to include Section 4:C, it takes the building permit to trigger that part of it. City Attorney Hard stated that if they wish to reapply, they can re- quest a Public Hearing on which ever parts of Resolution #489 they feel are appropriate. He cautioned the Council about not turning this into a Public Hearing. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THE COUNCIL MOVE ON WITH THE AGENDA. MOTION CARRIED. Council President Hill declared a five minute recess. Council President Hill called the meeting back to order with all Council members present. TUKWILA CITY COUNCIL REGULAR MEETING January 17, 1977 Page 4 BID OPENINGS AND AWARDS Bid Opening: Telemetering System Bid Award: Six -inch Double Check Valve Assemblies Letter from Steve Hall: WUTC Hearing, Railroad Crossing Closure (Monster Road) Council President Hill opened the bids on the Telemetering System and read as follows: Arrow Electric Co., Inc. Puget Electric Co. Engineer's Estimate /712.Z 3 21,900.00 (including tax) 20,916.63 (including tax) 14,732.81 MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE BIDS BE REFERRED TO STEVE HALL FOR REVIEW AND REQUEST A RECOMMENDATION BACK TO THE COUNCIL ON FEBRUARY 7, 1977.* Council President Hill explained that these two bids were delivered to the wrong address so no bids were opened on January 10, 1977,for the Telemetering System. Council has the right to waiver any infor- malities, therefore, they are being opened this evening and the bidders have been notified of this change. *MOTION CARRIED. Steve Hall, Public Works Director, reported that five bids were re- ceived for the Six -inch Double Check Valve Assemblies and that ITT Grinnell is the low bidder. He explained that one bid (Fog -Tite Meter Seal Company) was delivered to the City Annex and was never received at City Hall, therefore, it is unopened. City Attorney Hard indicated that since the bid proposal was not de- livered in accordance with instructions,the City Council could consider this bid informal and incorrectly submitted and make the award accord- ingly. Fog -Tite has been notified of their error. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE COUNCIL CONCUR WITH THE RECOMMENDATION OF STEVE HALL, PUBLIC WORKS DIRECTOR, AND AWARD THE BID TO ITT GRINNELL IN THE AMOUNT OF 3,338.22. MOTION CARRIED WITH VAN DUSEN VOTING NO. Councilman Harris recommended that in the future the Council adopt a strict policy to follow the advertised Call for Bids and that all bids will be received at the office of the City Clerk. Council will consider Bid opening procedures at the Wednesday night Community Affairs Committee meeting beginning at 5:30 P.M. PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS:. Steve Hall, Public Works Director, explained his letter to Mayor Bauch dated January 12, 1977. He stated that Washington Utilities and Transportation Commission held a Public Hearing on their pro- posed closure of Monster Road at the Railroad Crossing. He had very short notice of this hearing and had no time to prepare a submittal. He suggested the Council write a letter to the WUTC and express the concerns of the City over this action. Council President Hill asked if it would do any good to request a new Public Hearing and was told it was a possibility. The publication of a legal notice in Sunday's paper for a Public Hearing on the following Tuesday was questioned. MOVED BY MS. HARRIS, SECONDED BY MS. PESICKA, THAT A LETTER BE PRE- PARED BY CITY ATTORNEY HARD TO REQUEST THAT THE ROAD BE KEPT OPEN AND THAT SIGNALS BE INSTALLED.* Steve Hall explained that the businesses on the opposite side use this route and are upset with this decision. Councilman Harris stated that the safety aspect and fire truck access are big items to consider. She suggested that maybe their procedures on Public Notices should be challenged. *MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING January 17, 1977 Page 5 OLD BUSINESS Presentation by Steve Hall introduced Mr. Walt Ramsey, Mr, Dave Hamlin, and Mr. Harry URS Co.: Water Chenoweth of U.R.S. Company who gave a presentation and answered System Study questions on their Water System Study. Purchase of Police Vehicles The purpose of the study was to look at the existing Water System in the residential area of Tukwila to identify feasible measures to improve water pressure and volume. The area studied is bounded by I -405 on the South, I -5 on the West, and Interurban Avenue on the East. This area is served by three sources of water connections to the City of Seattle System: 1 South 112th Street 2 Andover Park East 3 53rd Avenue South On July 1, 1977, the City of Seattle will implement a "demand charge" based on Tukwila's effective deficient water storage. Water purveyors are expected to provide storage for peaking rates above such average flow rate. If a purveyor does not have storage facilities or he does not utilize his storage efficiently, then he is expected to pay the City of Seattle for providing facilities capable of meeting his peak demands. There are four reasonable alternatives to improving pressure and flow in the Water System. These are as follows: 1. Re -set the pressure valves on the water supply lines serving the area. 2. Provide water storage facilities at a high level within the study area. 3. Supply a high pressure service line directly to the system at a higher location. 4. Provide a "Two Level" system for the area. The installation of water storage facilities within the study area is considered to be the most desirable method of achieving improvements in water pressure and volume. There are two approaches that can be taken to provide a water storage reservoir. The first involves the construction of a high elevated tank near the extreme top of the hill. The second approach would be a lower tank which would be gravity fed. The second approach is considered to be the most acceptable in terms of cost and community acceptance. Costs were estimated at 580,000 for a conventional two million gallon tank or 950,000 for an underground two million gallon tank. Steve Hall, Public Works Director, suggested that Council accept the plan and the recommendation presented by U.R.S. Company and allow the staff to apply to the Department of Social and Health Services for Ref- erendum 27 Funding. MOVED BY VAN DUSEN, SECONDED BY GARDNER, THAT THE COUNCIL ACCEPT THE URS COMPANY WATER SYSTEM STUDY AND REFER IT TO STAFF FOR FURTHER EVAL- UATION. MOTION CARRIED. Councilman Traynor read his letter to the City Council dated January 17, 1977, concerning utilization of Police Patrol Vehicles. The letter states: "I would like to make the following recommendation to be con- sidered by the Council as a policy statement: 1. Vehicles purchased by the Police, Fire, and Public Works Departments be standard intermediate police vehicles. 2. The vehicles purchased in 1977 for the Detective Division, Fire and Public Works be released for Patrol after one year of service and utilized by Patrol the following two years." Councilman Van Dusen stated that he had looked into it and the two Dodges are in pretty bad shape. Also, riding in an intermediate size car for a full shift is not that comfortable. TUKWILA CITY COUNCIL REGULAR MEETING January 17, 1977 Page 6 OLD BUSINESS (continued) Purchase of Police Vehicles (continued) NEW BUSINESS Discussion on Management Audit of City Depart- ments. Councilman Traynor excused FIRST READING OF ORDINANCES Proposed Ordi- nance: Providing for an Interde- partmental Loan RESOLUTIONS Proposed Res.: Authorizing the Mayor to renew Agreement with King Co. Rape Dnliof MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE VEHICLES PURCHASED BY THE POLICE, FIRE, AND PUBLIC WORKS DEPARTMENTS BE STANDARD INTERMEDIATE POLICE VEHICLES. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL THAT ITEM 2 IN THE LETTER BE APPROVED. (Vehicles purchased in 1977 for the Detective Division, Fire and Public Works be released for Patrol after one year of service and utilized by patrol the following two years.)* Councilman Van Dusen asked what kind of use the Fire and Public Works Departments give vehicles. Steve Hall, Public Works Director, stated that they would go about 6,000 easy miles in one year, then about 60,000 hard miles in Patrol the next two years. *MOTION CARRIED WITH GARDNER VOTING NO. /7 ..Z Councilman Harris explained the Council has expressed the desire to achieve maximum efficiency of personnel methods and procedures. The King County auditor, under their Home Rule Charter, is an audit unit which annually audits each department within King County. They are very thorough in their examination of procedures. The audit department has indicated they would be willing to work with the City of Tukwila if the Council decides to have a Management Audit. Before that decision is made Council needs to know what it will cost, how many people will be involved, and how extensive a study is wanted. She stated that they are willing to come out and talk to the Council. MOVED BY MS. HARRIS, SECONDED BY SAUL, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE OF FEBRUARY 14, 1977. MOTION CARRIED. At this point in the meeting, Councilman Traynor asked to be excused for the remainder of the meeting. MOVED BY MS. PESICKA, SECONDED BY MS. HARRIS, THAT COUNCILMAN TRAYNOR BE EXCUSED. MOTION CARRIED. MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED WITH SAUL VOTING NO. City Attorney Hard read an Ordinance providing for an interdepartmental loan between Water /Sewer Construction Fund and the LID #28 Construction Fund. Councilman Hill asked if there is an LID since this case is being appealed. City Attorney Hard stated that it has been appealed but they did not file the bonds necessary to prevent the City from going ahead. Council directed this item be placed on the agenda for the Committee of the Whole meeting of January 24, 1977. Proposed Res.: MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE PROPOSED RESOLUTION Authorizing the BE READ. MOTION CARRIED. Mayor to execute a Health Services Agreement City Attorney Hard read a Resolution authorizing the Mayor to execute a Health Services Agreement between the Seattle -King County Department of Public Health and the City of Tukwila. Council directed this item be placed on the agenda for the Committee of the Whole meeting of January 24, 1977. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. City Attorney Hard read a Resolution authorizing the Mayor to renew the 1976 Agreement with King Co. Rape Relief to provide services. TUKWILA CITY COUNCIL REGULAR MEETING January 17, 1977 Page 7 RESOLUTIONS (continued) Proposed Res.: King Co. Rape Relief (cont.) Proposed Res.: Authorizing Mayor to renew Agree- ment with Renton Area Youth Services Proposed Res.: Authorizing the Mayor to execute a Deferred Comp. Plan for Employ. Proposed Res.: Authorizing Mayor to execute_agree- ment with Val Vue Sewer District DEPARTMENT REPORTS Treasurer's Report MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Letter from Councilman Van Dusen USTME Benefit Proposal Bicentennial Flags and Signs MOVED BY MS. PESICKA, SECONDED BY MS. HARRIS, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. /70.2g Council directed this item be placed on the agenda for the Committee of the Whole meeting of January 24, 1977. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. City Attorney Hard read a Resolution authorizing the Mayor to renew the 1976 agreement with the Renton Area Youth Services to provide certain social services. Council directed this item be placed on the agenda for the Committee of the Whole meeting of January 24, 1977. City Attorney Hard read a Resolution authorizing the Mayor to execute a Deferred Compensation Plan for the employees of the City of Tukwila. Council directed this item be placed on the agenda for the Committee of the Whole meeting of January 24, 1977. MOVED BY MS. PESICKA, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. City Attorney Hard read a Resolution authorizing the Mayor to execute an agreement with Val Vue Sewer District for the purpose of establish- ing latecomer charges for connection to City of Tukwila Sanitary Sewer Facilities constructed under LID #24. Council directed this item be placed on the agenda for the Committee of the Whole meeting of January 24, 1977. Councilman Saul read the Treasurer's monthly report of investments. 9,633.98 was earned during December in interest income. 1,475,000.00 of investments came due and were sold while 1,775,000.00 were purchased. Total invested funds at year end amounted to 2,869,213.75. Councilman Saul requested that the letter from Councilman Van Dusen concerning Treasurer's Office Utility Accounting be placed on the agenda for the Committee of the Whole meeting of January 24, 1977. Public Safety Councilman Van Dusen announced that the Public Safety Committee will Committee Meeting meet Wednesday, February 9, 1977, at 4:30 P.M. in the Council Conference Room in the Mayor's trailer to have a discussion with the Police Chief. Doris Phelps, audience, asked when Council was going to consider the USTME Benefit Proposal again. Council President Hill stated that it would be after they have settled with the Police and Teamsters. Steve Hall asked what Council wanted done with the Bicentennial signs and flags. Councilman Saul suggested that they be saved and that the flags be flown on special occasions over new City Hall. Public Works Councilman Gardner announced that the Public Works Committee will meet Committee Meeting at the Annex on Thursday, January 20, 1977, at 5:00 P.M. TUKWILA CITY COUNCIL REGULAR MEETING January 17, 1977 Page 8 ADJOURNMENT 10:20 P.M. MOVED BY SAUL, SECONDED BY MS. HARRIS, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. George "Hill, Mayor Pro Tem Maxine Anderson, City Clerk