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HomeMy WebLinkAbout1977-11-21 Regular MinutesNovember 21, 1977 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL PETITIONS, COMMUNICATIONS Discussion on repair of drive- way, 14729 59th Ave. So.; McLaren TUKWILA CITY COUNCIL REGULAR MEETING /99k Tukwila City Hall M I N U T E S Council Chambers Mayor Bauch, presiding, led the Pledge of Allegiance and called the regular meeting of the Tukwila City Council to order. LIONEL C. BOHRER, DWIGHT R. GARDNER, GEORGE D. HILL, Council President, PHYLLIS D. PESICKA, DANIEL .J. SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN. KJELL STOKNES, OCD Director; LAWRENCE HARD, City Attorney; JOHN MCFARLAND, Administrative Assistant; MAXINE ANDERSON, City Clerk. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 7, 1977, BE APPROVED AS PUBLISHED.MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilman Traynor asked to have Vouchers No. 4279 and 4290 held from payment. They are for eight new Firemen's helmets; he wondered if they are replacements or additions and if they are really needed. MOTION CARRIED TO PAY THE VOUCHERS EXCEPT NUMBERS 4279 AND 4290. Current Fund 4231 4310 Street Fund 4311 4327 Fed.- Shared Rev. 4328 4329 City Hall Const. 4330 4333 Water Fund 4334 4346 Sewer Fund 4347 4357 LID #27 Vouchers No. 4231 through 4357 29,328.09 57,016.48 890.00 91,307.47 7,267.62 10,182.72 $195,992.38 C34 35 $49,547.60 Revenue 10 $49,547.60 APPEALS AND SIMILAR MATTERS Mayor Bauch explained that during the upgrading project on 59th Avenue South the City was confronted with many problems and has attempted to work with the citizens to solve them. Mr. Gerald McLaren, 14729 59th Avenue South, disagreed with the City on the level of the street in front of his house and how his driveway should be faired in with the completed street. Many discussions have been held with Mr. McLaren to try and resolve this problem. The City has gone as far as they can go. The driveway, as it is now being repaired, complies with the Building Code and City Standards. Mr. McLaren feels that the driveway should be poured 6" thick and in one solid piece. The inspectors on the project thought they had the problem resolved but once it was started Mr. McLaren stopped the construction. It was suggested to Mr McLaren that he present his case to the City Council. Mr. McLaren stated that the driveway the City removed was 6" thick and it was one piece. The reason so much of it was removed was so they could replace it the same way with no sections. This was all agreed on. They poured half of it when he wasn't home and it is not acceptable. It is a minimum 4" driveway and this is not what they took out. He stated that he should not have to have his property downgraded. All he is asking is to have it put back the way it was the way it was originally agreed on. TUKWILA CITY COUNCIL REGULAR MEETING November 21, 1977 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Discussion on repair of drive- way, 14729 59th Ave. So.: Gerald McLaren Continued Waiver from Ord. 1035, requested by Gerald E. Schneider to build Apt. Complex on 65th Ave. So. /9 Councilman Traynor asked if they had to put fill to bring the drive up to the street level and he was told they did. Mr. Bob Strong, Inspector, reported that it would cost $227.50 to remove the portion already poured and $450 to pour a new 6" slab. Councilman Pesicka stated that if they had a 6" one piece slab it should be replaced as it was. Councilman Hill asked Jon Stack, Engineer, if it was wise to pour a 6" slab this big without expansion joints. Mr. Stack stated that normally temperature steel is put in the concrete on a slab this big. Reasonable design criteria is to pour slabs about 10 feet otherwise you could have expansion and it would crack. Councilman Saul stated that if he had the one -piece 6" thick, driveway it should be restored the same. Councilman Bohrer asked if there are expansion strips on either end. Mr. McLaren stated that, in replacing it now, there is to be one at the street and one at the garage end. The idea of making it thicker is so it won't crack. Councilman Van Dusen stated that he is in favor of putting it back as it was, but what if it cracks? Mr. McLaren stated he would like to have someone experienced in cement work do it. He further stated that the contractor promised several other things that he didn't do. When they took the driveway out they cracked the sidewalk and chipped the edge where they made the cut. Mr. Strong stated that the half that is poured is one slab, the line you see is a dummy joint. If the slab is going to crack will crack there. Councilman Van Dusen asked if we do as Mr. McLaren asks what position is the City in if something does happen. Attorney Hard suggested having Mr. McLaren sign a release and waiver of any claims that he may have and that it was installed under his specifi- cations. MOVED BY MRS. PESICKA, SECONDED BY SAUL, THAT THE CITY RESTORE MR. MCLAREN'S DRIVEWAY THE WAY IT WAS, TO HIS SPECIFICATIONS, AND HAVE HIM SIGN A WAIVER. Councilman Bohrer stated he would like to be sure everyone under- stands what the specifications are. The easiest thing to do is have a written agreement. Mayor Bauch stated the City will not do anything unless it is in writing. MOTION CARRIED. Mr. Gerald E. Schneider is requesting a waiver from the provisions of Ordinance No. 1035 to allow him to build a 48 -unit apartment complex at approximately 15200 65th Avenue South between the Canyon Estates and the Maple Crest Apartments. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE WAIVER BE GRANTED. Councilman Traynor asked, not counting the steep hillside, how much area is on the top for development. Kjell Stoknes, OCD Director, stated 51,000 square feet or approximately 14 acres. This would be 40.7 units per acre if you don't count the hillside. Councilman Gardner asked how the new open space ordinance affects this development. Mr. Stoknes explained that the ordinance does not apply as the waiver was applied for first. However, it doesn't comply with the open space ordinance. Half of the hillside could be counted as open space. This development would need 9,600 sq. feet of open space. TUKWILA CITY COUNCIL REGULAR MEETING November 21, 1977 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver from Ord. #1035, requested by Gerald E. Schneider to build Apt. Complex on 65th Ave. So.- Continued. Waiver from Ord. #1035, requested by Toltec Builders to build a duplex triplex on 52nd Ave. So. Acceptance of Schedule B of LID #27, storm drainage in the Industrial Area OLD BUSINESS Sanitary Sewer Connection to the Patton residence, 13904 56th P1. So. a2 0 0 0 Councilman Van Dusen asked Councilman Traynor what basis he is using to deny the waiver. Councilman Traynor commented that the density is too great. Councilman Bohrer stated that he feels the inclusion of the steep hillside, which is unusable, in the calcula- tion of the area and the density is an unreasonable thing to do. MOTION FAILED WITH COUNCILMAN HILL VOTING YES. Councilman Saul suggested sending this to the Planning Commission for a determination on density. MOVED BY SAUL, SECONDED BY MRS. PESICKA, THAT THIS ITEM BE REFERRED TO THE PLANNING COMMISSION. Mr. Stoknes asked for a clarification on why it was being sent to the Planning Commission. Councilman Saul stated that he wanted the Planning Commission to recommend the density for this piece. MOTION CARRIED WITH COUNCILMAN BOHRER VOTING NO. Toltec Builders (Anton P. Skya) have applied for building permits for a single duplex and a single triplex on land located on the west side of 52nd Avenue South near its intersection with So. 151st Street. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE WAIVER BE GRANTED. Mr. Stoknes advised Council that if they intend to approve this they include "because of the quality" in the motion. This is to prevent having to approve a poorer quality structures at a later date. COUNCILMAN HILL WAS EXCUSED FROM THE MEETING AT THIS POINT. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THE MOTION BE AMENDED TO INCLUDE "THESE ARE THE PLANS WE ARE APPROVING AND THIS IS THE QUALITY OF BUILDING WE WANT MOTION CARRIED. Councilman Bohrer reminded Council that this area is designated single family, if we allow this the developer has already indicated he would like to develop further. He noted that neighbors in the surrounding area were going to be contacted for comments. Mr. Stoknes stated that notices were delivered to everyone within 200 feet and there were no calls. MOTION CARRIED AS AMENDED. MOVED BY TRAYNOR, SECONDED BY SP.UL, THAT COUNCIL ACCEPT SCHEDULE "B" OF LID #27. Jon Stack, Harstad Associates Inc., explained that Schedule "B" is 1,100 feet of 48" pressure storm drain that runs from the North Canyon to the South Canyon Line which was installed several years ago. The installation was completed by Morris Construction Co. and they did a fine job, well ahead of schedule. MOTION CARRIED. John McFarland, Administrative Assistant, explained that the original claim accounted for labor and equipment in the search for a sewer stub. This amounted to about $450. Then, there was about $1,300 in back assessments. Since then it has been determined that the sewer hookup is possible, this would nulify the claim for back assessments. TUKWILA CITY COUNCIL REGULAR MEETING November 21, 1977 Page 4 OLD BUSINESS Cont. Sanitary Sewer Connection to the Patton res 13904 56th P1. So. Continued RECESS: 8:10 P.M. 8:15 P.M. FIRST READING OF ORDINANCES Ordinance #1043 Providing for appropriations of funds and creating Unemployment Trust Fund oo/ However, after the Public Works Department originally determined that a connection was not possible waiver for installation was issued and the Pattons had a new drain field installed and had the septic tank pumped. This amounted to approximately $652. Discounting the cost for back sewer assessments, the total claim is now $1,104.47. Attorney Hard stated that there is a legal basis on which this claim can be made. It probably should be paid. Councilman Van Dusen stated that the claim only puts them back to zero then they have to hook on to the sewer. Mrs. Patton asked why they wouldn't be eligible to get the back assessments. They have been paying them for fourteen years thinking there was a sewer stub there. They have paid $8.00 per month for something that wasn't there. Mayor Bauch stated that as soon as a contract can be let, the City will bring a stub to the property line so they can connect. We are allowing them $337.28 in the claim for trying to connect. Mr. McFarland again itemized the claim. 42.15 337.28 72.80 652.24 $1,104.47 TOTAL Pump septic tank Labor Machinery used in trying to locate sewer stub. Reimburse for lost wages, Mr. Patton Installation of new drain field. Councilman Van Dusen asked if this will satisfy the Pattons? Mrs. Patton asked for clarification. They will be reimbursed, the City will have the stub installed to the property line then they will have to have the contractor back to connect their sewer. It was agreed that this is correct. Mrs. Patton asked if the City is going to make everyone not connected hook to the system. Mayor Bauch stated he has been furnished a list of all those properties not connected to the sewer and would follow up on this. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE CITY PAY THE CLAIM IN THE AMOUNT OF $1,104.47. MOTION CARRIED. MOVED BY MRS. PESICKA, SECONDED BY SAUL, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance of the City of Tukwila, Washington, providing for the appropriation and transfer of funds to adjust for certain unanticipated expenses, to create Unemployment Trust Fund (605 Fund) and to amend 1977 Budget Ordinance No. 1002. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ORDINANCE NO. 1043 BE ADOPTED AS READ. MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING November 21, 1977 Page 5 RESOLUTIONS Resolution #605 Setting forth the City's position on housing. Resolution #606 Authorizing the Mayor to execute an automatic response agreement with the City of Kent. Resolution #607 Designating the method of payment for Unemployment Insurance. DEPARTMENT REPORTS Mayor's Report GP o e MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution of the City of Tukwila setting forth the City's position on housing, identifying the housing target area, and authorizing the Mayor to enter into an interlocal agreement with King County, all for the purpose of qualifying Tukwila homeowners of low and moderate incomes for 3% loans to rehabilitate their homes in accordance with the provisions of Section 312 of the Housing Act of 1964. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT RESOLUTION NO. 605 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY MRS. PESICKA, 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, Washington, authorizing the Mayor to execute an automatic response agreement with the City of Kent. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT RESOLUTION NO. 606 BE ADOPTED AS READ. Councilman Bohrer asked if this is the first agreement such as this the City has. Mayor Bauch stated no, the City has agreements with other Fire Districts. He explained that there is a difference in mutual aid and automatic response. In mutual aid wait to be called; in automatic response you respond immediately only in a designated area. MOTION CARRIED. Mayor Bauch noted that this Resolution was brought forward tonight to help keep the agenda for December 5th short because of the Budget Hearing. MOVED BY SAUL, SECONDED BY MRS. PESICKA, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a resolution of the City of Tukwila, Washington, designating the method of payment for Unemployment Insurance. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT RESOLUTION NO. 607 BE ADOPTED AS READ. Mayor Bauch explained the options and recommended the reimbursement method as the manner in which the payment of benefits should be financed. He explained that $20,000 has been set aside as the reserve fund in the proposed 1978 Budget. A similar amount will probably be set aside next year and after that the interest should pay all obligations. MOTION CARRIED. Mayor Bauch reported that the lawsuit between Mrs. Kinney, former City Clerk and the Mayor was tried the past two days. The decision will come later. The Mayor announced that he has been invited to speak before two of the classes at Highline Community College. They are interested in the unique problems of a city like Tukwila TUKWILA CITY COUNCIL REGULAR MEETING November 21, 1977 Page 6 DEPARTMENT REPORTS Cont. Mayor's Report Continued Treasurer's Monthly Report of Investments MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Councilman Van Dusen Park Commission Meeting ADJOURNMENT 8:35 P.M. Sao 3 Mayor Bauch reported on an article carried by the Record Chronicle as to different formsof fire protection in the valley. The King County Fire Chiefs have met and want to pursue this. They have suggested that the Valley Cities meet and discuss this to see if there are any possibilities. The mayors feel they could sit down and talk about it butit is too early to bring any other personnel into the discussion. Mayor Bauch stated that he would be glad to meet with the other mayors as he is in favor of considering any method that will give better service to the public. He reported that the positions of Public Works Director and Finance Director are being readvertised. Councilman Saul read the report submitted by Mabel J. Harris, City Treasurer. Councilman Van Dusen thanked staff for answering the questions in his memo of November 1, 1977, concerning Thorndyke and the Senior Program. He reminded Council that the Park Commission was meeting on Tuesday at 5:00 P.M. to discuss this matter. Rena Holloway asked if the Park Commission meeting is open to the public. She was notified that it definitely is. MOVED BY SAUL, SECONDED BY MRS. PESICKA, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL BE ADJOURNED. MOTION CARRIED. 8 .0 L g.e‘G Mayor erk Investments Purchased Investments Sold Interest Income 2,250,000 .00 2,175,000 .00 11,453 .53