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HomeMy WebLinkAbout1978-07-05 Regular MinutesJuly 5, 1978 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS AND AWARDS Bid Award: 1978 Street Improvement Project TUKWILA CITY COUNCIL 217q REGULAR MEETING M I N U T E S Mayor Bauch, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. Tukwila City Hall Council Chambers LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DANIEL J. SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN, Council President. DANIEL D. W00 (for Lawrence E. Hard), Deputy City Attorney; TERENCE MONAGHAN, Public Works Director; MAXINE ANDERSON, City Clerk. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF JUNE 19, 1978, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Current Fund Limited G.O. Bond 1977 Rev. Street Fund Fed. Shared Revenue Foster Golf Acq. City Hall Construction Water Fund Sewer Fund Engineer's Estimate Vouchers No. 6329 6438 LID 25 C 78 79 61.64 LID 27 C 47, 48 49 1,857.25 LID 28 C 16 325.00 Gary Merlino Construction Company West Coast Construction Company Moss Construction, Inc. 6329 6408 17,460.51 6409 38,493.51 6410 6417 46,359.10 6418 6421 466.52 6422 6423 4,096.08 6424 6425 3,211.63 6426 6431 13,157.36 6432 6438 7,298.41 $130,543.12 Rev. 43 Rev. 17 -0- Special funding Terence Monaghan, Public Works Director, reported the bids were opened June 30, 1978, for the 1978 Street Improvement Program. Three were received as follows: $302,098.50 337,755.65 399,128.50 $230,366.00 Mr. Monaghan said $200,000 was budgeted for the project. He recommended Council reject all bids and the job not be awarded since the low bid exceeded the budgeted amount. He suggested that the job be rebid in December and January for construction to start in March 1979. With some cross section redesign and some adjustments in the scope of the work, the project could be reduced by about $70,000. This is the prime construction time, if the job is bid off season, the City should reap the benefit. Councilman Harris asked which bid items could be cut to make up the $70,000? Mr. Monaghan explained where he felt the costs could be cut back. The first two items, mobilization and clearing and grubbing, are too high. Item number 4 could be redefined. The block precast traffic curbs could be replaced with asphalt curbs. The water meters could be reset by the City crew. The pavement striping and street signs could also be done by the City. Councilman Van Dusen questioned replacing the asphalt- treated base. Mr. Monaghan explained that it could be replaced with crushed rock for considerable less money and have no worse job. TUKWILA CITY COUNCIL REGULAR MEETING July 5, 1978 Page 2 BID OPENINGS AND AWARDS Cont. Bid Award: 1978 Street Improvement Project Cont. PUBLIC HEARINGS LID #27 Final Assessment Roll ORDINANCES Proposed Ordinance Approving and confirming the assessment roll of LID #27 Councilman Van Dusen questioned if the City will gain that much benefit by putting the project off? There might be more factors to consider eight or nine months from now. Mr. Monaghan said that the City would be paying a premium to do it now. The bids might come in the same at a later date, but there is also the probability they will be lower during the off construction season. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL REJECT ALL BIDS AS PRESENTED. MOTION CARRIED. Mayor Bauch explained that after the last Public Hearing held on May 8, 1978, the LID #27 final assessment roll has been recomputed and a new Public Hearing advertised for tonight. He declared the Public Hearing open. Mr. Monaghan stated that since the last Public Hearing, the City has received letters of protest from Mr. William Rademaker, attorney, representing three clients. He also noted a letter received from J. Thomas Bernard of Cabot, Cabot Forbes questioning why their assessment is about 40 percent higher than assessments on surrounding property pro -rated by land area. The answer to his question is that Mr. Bernard's map shows the parcel as being 1.24 acres whereas the assessor's records has it as 1.65 acres. Mr. William Rademaker, Jr., attorney, 1411 Fourth Avenue, Seattle, stated that he is placing objections to the assessment for LID #27 for William E. Boeing, Tri -Land Corporation, and Mesabi Western Corporation. His clients are at a loss to understand how their assessments could have increased from about $12,000 to about $25,000 without the LID participants being notified during the interim. Also, the effective utilization of this project benefits the entire community so, to help the financial burden, one alternative might be for the City to partici- pate from the General Fund. Mr. Charles Baker, Executive Director, Tukwila Industrial Council, asked if the letters of protest received at the last Public Hearing will be made a part of the record for this Public Hearing? Mr. Monaghan said he had discussed this with Attorney Hard, and yes, they will be. Further, Mr. Baker said that J. Thomas Bernard, Cabot, Cabot Forbes, had asked him to represent them this evening and request Council to extend the term of the LID from ten years to twenty years. There being no further comment from the audience, Mayor Bauch declared the Public Hearing closed. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Daniel Woo read an ordinance approving and confirming the assessments and assessment roll of Local Improvement District No. 27, which has been created and established for the purpose of constructing and installing a system of storm sewer lines and storm sewer lift station, as provided by Ordinance No. 922 and levying and assessing the amount thereof against the lots, tracts, parcels of land and other property shown on the roll. Councilman Saul asked if it is possible for Council to extend the term of the LID? Mr. Monaghan noted that Ordinance No. 922 created the LID and established the term as 12 years. Councilman Harris stated the proposed Ordinance reads 10 years instead of 12 years to allow the two additional years to comply with the foreclosure laws. TUKWILA CITY COUNCIL REGULAR MEETING July 5, 1978 Page 3 ORDINANCES Cont. RECESS 7:30 P.M. 7:40 P.M. Proposed Ordinance Councilman Van Dusen asked if the Council can change the term now? Approving and Attorney Woo said he would have to research if Ordinance No. 922 could confirming the be amended at this time. assessment roll of LID #27 Cont. MOVED BY SAUL, SECONDED BY JOHANSON, THAT COUNCIL RECESS FOR TEN MINUTES. MOTION CARRIED. Attorney Woo reported that RCW 35.49.020 says that the bond period can be as long as 22 years. RCW 35.49.030 states that each City shall describe by Ordinance within what time period the assessments will be paid. Since Ordinance No. 922, adopted January 1975, sets the term and there has already been interim funding spent, Mr. Woo said he would need additional research to see if it is lawful to change the period of time. Councilman Van Dusen questioned the marketability of the bonds and interest rate if the term is extended. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THIS ITEM BE TABLED TO THE NEXT REGULAR MEETING OF JULY 17. Councilman Bohrer said he could see no reason for delaying action on this ordinance any longer. Councilman Hill asked how long the project has been completed and was told early March. Councilman Traynor stated he agreed with Councilman Bohrer; it has been too long now. Councilman Hill said he talked to Mr. Baker and there are reasons why the developers would like to see the term extended. One is the proposed costs increased by 80 percent to 100 percent. Councilman Bohrer asked who pays the interest on the interim funding and was told it is included in the LID. MOTION FAILED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. Councilman Traynor asked if this ordinance says the City will pay a share? Mayor Bauch said the City will cover the R -1 and R -A property and a lien will be placed on that property until rezoned. ROLL CALL VOTE: 4 NO BOHRER, HILL, TRAYNOR, VAN DUSEN 3 YES HARRIS, JOHANSON, SAUL. MOTION FAILED Councilman Traynor stated for the record that he voted no because he doesn't believe the City should pay any part of the LID. Councilman Bohrer stated that his reason agrees with Councilman Traynor's. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF JULY 10. Councilman Saul asked "why Councilman Hill said that by next Monday Council can find out what affect extending the term to 20 years might have. MOTION CARRIED WITH SAUL AND JOHANSON VOTING NO. TUKWILA CITY COUNCIL REGULAR MEETING July 5, 1978 Page 4 ORDINANCES Cont. Ordinance #1063 Amending 1978 Budget Ordinance #1045 Certificate of Award Park Place Rezone: Findings of fact and conclusions RESOLUTIONS Resolution #638 Authorizing the Mayor to sign an agreement for the Rehabilitation of Southcenter Blvd. DEPARTMENT REPORTS Mayor Bauch Policy and Goal Setting Seminar Class H Liquor License for Foster Golf Links MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Woo read an ordinance of the City of Tukwila, Washington, amending 1978 Budget Ordinance No. 1045 and repealing Ordinance No. 550, 625, and 630. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT ORDINANCE NO. 1063 BE ADOPTED AS READ. Councilman Hill asked why repeal Ordinances No. 550, 625 and 630? Mayor Bauch stated that these ordinances establish funds that are no longer in use. Mayor Bauch took this time to award Mr. Jack Link a Certificate of Award for the years he served on the Tukwila Planning Commission. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE AGENDA BE AMENDED TO INCLUDE ITEM 9c. Findings of fact and conclusions regarding change of zoning classification. MOTION CARRIED. Mayor Bauch explained that this document is from the City Attorney for Council review. The Finding of Fact and Conclusion concerns Council action on a proposed rezone ordinance for property located south of the Tukwila Elementary School. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THIS ITEM BE TABLED UNTIL THE COMMITTEE OF THE WHOLE MEETING OF JULY 10, 1978. MOTION CARRIED MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Woo read the resolution authorizing the mayor to sign an agreement with the State of Washington Department of Transportation for the rehabilitation of Southcenter Boulevard from 62nd Avenue South to 65th Avenue South. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 638 BE ADOPTED AS READ. MOTION CARRIED. Mayor Bauch noted the following four items that he would like Council to consider. 1. Class H liquor license approval for Foster Golf Links. 2. Removal of City Annex Building. 3. Executive Session to discuss the status of negotiations with South Central School District over the Southgate School. 4. Policy and Goal Setting Seminar. Mayor Bauch noted that one Councilman will not be able to attend the Seminar scheduled for July 15. Councilman Van Dusen said he would like the whole Council in attendance. Council agreed that the evening of July 28 was the most likely date. On the subject of the Class H liquor license for the golf course, Councilman Van Dusen noted that there was comment about the Golf Course being changed to a Country Club and suggested putting this before the public for comment. Councilman Bohrer asked if they weren't supposed to come back to Council with projected improvements within 90 days of signing the lease? Mayor Bauch said they are working on it. At the present time the Golf Course has a Class D license for the sale of beer. The TUKWILA CITY COUNCIL REGULAR MEETING July 5, 1978 Page 5 DEPARTMENT REPORTS Class H Liquor License for Foster Golf Links Continued City Annex City Attorney's Report EXECUTIVE SESSION: 8:25 P.M. 8:40 P.M. REGULAR MEETING ADJOURNMENT: 8:45 P.M. Continued 2/3 Class H license would allow cocktails. Councilman Johanson said he didn't believe the Class H license would create a Country Club atmosphere. Councilman Bohrer suggested Council reserve the decision until they see what their facility approach and general concept of operation is. Mayor Bauch said they have applied for the license now because it is a long process. Council can always deny them the right to use the license if it is issued. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL ALLOW GOLF MANAGE- MENT AND PLANNING TO APPLY FOR A CLASS H LIQUOR LICENSE WITH THE UNDERSTANDING THAT THE CITY CAN WITHHOLD THE USE OF THE LICENSE IF SO DESIRED. Councilman Bohrer said he felt this could be a potential problem to let them apply for a license and then not let them use it. Mayor Bauch offered to write a letter to Mr. Moore and notify him of the Council's position. He reminded Council that a Class H license requires 40% sale of food along with the 60% sale of alcoholic beverages. Councilman Harris said she would like to wait and see how they propose to remodel. Councilman Johanson expressed concern over the tendency of restaurant to raise their prices if they do not neet the 40% food requirement. MOTION CARRIED WITH BOHRER VOTING NO. Council action on disposal of the City Annex building: MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT COUNCIL CALL FOR BIDS FOR DISPOSAL OF THE CITY ANNEX. MOTION CARRIED. Attorney Woo reported that the hearing was held in Superior Court on the revocation of the business license for K.C.W. Inc. The motion for a restraining order against the City was denied. They still have the right of appeal. By July 30 the City must provide the verbatum transcript. The Court ruled that the Massage Parlor will remain closed. MOVED BY SAUL, SECONDED BY JOHANSON, THAT COUNCIL GO INTO EXECUTIVE SESSION TO DISCUSS THE SOUTHGATE SCHOOL PROPOSAL. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. Mayor Bauch called the Regular Meeting of the City Council back to order with all Council Members present. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL TABLE ACTION ON THE LEASE AGREEMENT AND OPTION TO PURCHASE SOUTHGATE ELEMENTARY SCHOOL. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL ATTEMPT TO SET UP A JOINT MEETING WITH THE SOUTHCENTRAL SCHOOL BOARD CONCERNING THE SOUTHGATE ELEMENTARY SCHOOL. Councilman Bohrer said he preferred to leave this to the Mayor. If negotiations go straight forward a meeting of this type may have no benefit. MOTION CARRIED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Mayor Cfty'Cl erk