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HomeMy WebLinkAbout1978-09-25 Committee of the Whole MinutesSeptember 25, 1978 7:00 P.M. ROLL CALL OF BOHRER, HILL, HARRIS, JOHANSON, SAUL, TRAYNOR, VAN DUSEN. COUNCIL MEMBERS DISCUSSION H &CD Block Grant monies 1979 Voucher No. 454 Voucher No. 366 TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING M I N U T E S .2A G City Hall Council Chambers CALL TO ORDER Council President Van Dusen called the Tukwila City Council Committee of the Whole Meeting to order at 7:04 P.M. APPROVAL OF MINUTES MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MINUTES OF THE SEPTEMBER 11, 1978 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. CARRIED. Prop. Ord. fixing Councilman Harris explained the change in the price of the bonds from amount, form, date $5,000 to $1,000 so individuals could buy them rather than institutions. interest rate, This made a difference in the number of bonds. The interest rate is maturity denomin- not on the ordinance at present as they are waiting until 5 p.m. on ations of LID 27 Monday, October 2, 1978 before the bonds are issued to get the best bonds directing interest rate. The present rate is about 62 She said many would have the issuance liked to have had them before but they were all sold out. sale to Foster Marshall MOVED BY HARRIS, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE ON THE AGENDA OF THE OCTOBER 2, 1978 REGULAR COUNCIL MEETING. CARRIED. Mayor Bauch stated the proposed resolution would be on the agenda of the October 9, 1978 Committee of the Whole Meeting. Terry Monaghan, Director of Public Works, said in January, 1977 there was an agreement made between the City and the Benaroya Company to oversize a culvert on the present site of the Carriage House. The City agreed to pick up the additional cost. Mayor Bauch asked if the cost was to be borne by the City or the LID? Mr. Monaghan said the way he read it, it was the City. He continued that in 1976 the LID was completed and the outfall for an overflow was through a Swale through the Benaroya property. Sometime prior to January, 1977 they applied for a building permit. The building permit was held up pending their putting in a 36 inch sewer rather than 24 inch, as it was not large enough to carry the overflow. This bill of $2,456.25 was the difference in cost in putting in the 36 inch rather than the 24 inch. Councilman Hill asked if this was part of the master water drainage plan down there. He said there was a master plan made up as to how that area would be developed. Mr. Monaghan said he had not seen the master plan. He said there was no obligation requiring Benaroya put in a 36 inch line, but the 24 inch was not large enough to carry a 100 year storm. Mayor Bauch said the overflow is the pipe coming under I -5 and the State says you cannot back water up. On a 100 year flow it could create pressure. The City put in the overflow to take care of the emergency. Councilman Hill said he remembered when it was done but he did not know the City agreed to pay the difference. Mayor Bauch said it was not necessary for the developer to put in more than a 24 inch line and we had to put in the 36 inch line. He said he thought it was charged to the LID. Councilman Johanson said if the 36 inch line is required then that is a requirement, it would have to be put in to take care of the overflow. Councilman Hill said by putting it in it benefits a lot of other property. That is why he wondered if it was put in the LID. Councilman Traynor said even if it is not on the LID the City is obligated to pay it. Mayor Bauch said in January 1977 the City was committed to pay it. It is an obligation of the City. The letter committing the City was written, using the LID as the subject of the letter. f10VED BY TRAYNOR, SECONDED BY SAUL, THAT VOUCHER NO. 454 PAYABLE TO THE JACK A.BENAROYA COMPANY IN THE AMOUNT OF $2,456.25 BE ON THE AGENDA OF THE OCTOBER 2, 1978 REGULAR COUNCIL MEETING. CARRIED. Councilman Traynor said he thought $108.90 was high for a publication for the Fire Department. Mayor Bauch said the amount was for a subscrip- tion to the "Planner" for the Lieutenants, the publication comes monthly and costs $1.01 per person per month. It is put out by "Man and Manager." Mayor Bauch said it is a planning calendar that is similar to the one put out by the City. He said he thought it is within the prerogative of the Fire Department budget. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT VOUCHER NO. 366 PAYABLE TO "MAN AND MANAGER" IN THE AMOUNT OF $108.90 BE ON THE AGENDA OF THE OCTOBER 2, 1978 REGULAR COUNCIL MEETING. CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING September 25, 1978 Page 2 DISCUYSION Contd. Ord. No. 1069 auth. Mayor Public Works Dir. to take immediate action to have the ruptured water line serving Southcenter So. repairs Water Service to Seattle Rendering Works 2 Terry Monaghan, Director of Public Works, said in August he came before the Council and asked for an emergency ordinance and funds for the broken water line. The cost was estimated between $15,000 and $20,000. He said it was found the water line and sewer line were broken and extensive repairs were required. He said he had a bill from the contractor in the amount of $24,000. He said he was in the process of revising the bill with the contractor and it will be something like $20,700. He said that is not the final figure, but it is based on his own analysis. He said it would be prorated between the water and sewer fund. Councilman Saul asked what the possibility was of this happening again? Mr. Monaghan said the damage occurrred on the bend of the river. There was a slump of the bank and an eddy in the water there which undermined the bank. The bank is now held with heavy rock and the rupture should not happen again. He said he would look at it visually from time to time to see if any damage is being done. He said there had been a settlement of the pipe and it washed out the bolts and the 6 -inch line broke in the same spot. He said he did not know if it would happen again, the repair has been made and it should stand. Mayor Bauch said a motion by the City Council to change the amount of the repair would be required. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE MATTER BE ON THE AGENDA OF THE OCTOBER 2, 1978 REGULAR COUNCIL MEETING. CARRIED. Terry Monaghan, Director of Public Works, said the Council had been given a report on the comprehensive revision of the water system. He said there are 12 residential customers and three commercial customers on the line. One is the Seattle Rendering Works. He said the line comes from Sunset Road. A few years ago it was dis- covered to be leaking in the river where it crossed into Tukwila. At that time the line was valved off on either side of the river. Recently in the surveillance of this line a leak was uncovered under the railroad tracks on the east side of the river at the point the line crosses the railroad tracks in a casing and the pipe was in this casing. He said it had been made temporarily safe but it might undermine the railroad track, but there is not immed- iate danger. He said in order to repair this it would be necessary to get at the casing and that would be through 12 yards of concrete. He said he would suggest Water District 125 serve the Seattle Rendering Works. The lines are parallel. He said we have to get rid of the leak. We are losing water through the leak, about $3,585 a year. He said he was proposing replacement of the whole facility and tapping it off and installing another line and tying them in together. It will be about 900 feet. It will cost about $13,000 of water line if we install it. In order to repair the casing we would have to get a permit from the rialroad and the cost would be upwards of$50 a foot for 300 feet. That would be $15,000. He said he thought it would be better to eliminate the entire line and get residents turned over to Water District 125. He said he had not talked rates with Water District 125 but we would buy water from them at a rate we could provide water to the people. He said he would bring a report to the next regular Council Meeting with his recommendations. Mayor Bauch said the report will require a formal motion transferring the funds. Mr. Monaghan said he would like to get permission to do the repair on an emergency basis to put in the new line. Councilman Bohrer said he understood the request is to put in a new line; get the 12 residents to get water from Water District 125, and cut off the other line. Mr. Monaghan said he would like to turn the whole system over to Water District 125 eventually, but he would like to point out the magnitude of the damage and get funds transferred. He said the ideal solution would be to arrive in a short time with an agreement with Water District 125 to take over the area. He said he did not know how long the leak has been there and how much damage has been done. MOVED BY JOHANSON, SECONDED BY HILL, THAT STAFF BE DIRECTED TO PREPARE A REPORT AND IT BE ON THE AGENDA OF THE OCTOBER 2, 1978 REGULAR COUNCIL MEETING. Councilman Traynor asked what action the Council will take? Mayor Bauch said it will be an ordinance. Mr. Monaghan said the leak TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING September 25, 1978 Page 3 DISCUSSION Contd. Water Service to Seattle Rendering Works contd. Salary of Engrg. Technician Prop. Ord. on Noise Control Prop. Res. on Annexation of Riverton Area was just discovered the other day, and a train might be going over the tracks when it gives away. Councilman Bohrer said it sounds like the water has been leaking for at least 18 months. Mr. Monaghan said that could be. There has been a loss of water for some time and meters were put in to check the loss, in the course of doing the survey the leak was found. *CARRIED. Councilman Harris said this subject was discussed at the Finance and Personnel Committee meeting and it was decided to accept Terry Monaghan's suggestion to change the title of Engineering Technician from salary grade 9 to 8. Terry Monaghan, Director of Public Works said they had in the budget in 1977 an engineering technician at grade 9. We had a person in that position who was hired as a public works inspector and he left the City early in the year. He said we have attempted to fill that position. It was filled tem- porarily with a young graduate civil engineer from the university and then he left. He said we had advertised the job on three occasions. He said he had numerous responses but have been unable to fill the job at the salary. The job description requires three years experience and junior college. We cannot get anyone with the qualification and the experience that he would feel com- fortable hiring, he said. He continued he would like to establish a junior engineer type title at grade 8 salary which would allow us to cover the spectrum of a graduate civil engineer or an exper- ienced engineer technician. He said his department had functioned without this person since April, except for the short period of time in June and July. He said at the present salary they cannot attract the right person. All of the resumes are either over- qualified or under qualified. He said he thought the City should get a professional onlvr college or a novice Graduate engineer. He said they would like to raise the pay one level higher to bring it in a more competitive position. Councilman Bohrer said he would like to see some kind of a comparison range within the City and some of the surrounding cities for this position. Are we proposing to pay less than if a person went to a comparable position in another City? Mr. Monaghan said the answer is yes we pay lower. He said he would have a packet next week for a comparison. Mayor Bauch said this position was never put in the salary plan. The salary was pegged at grade 9 which was the salary paid the engineer- ing technician. The engineering technician was part time and then was put on full time with the benefits. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT COMPARISON INFORMATION BE PREPARED BY STAFF AND IT BE ON THE AGENDA OF THE OCTOBER 2, 1978 REGULAR COUNCIL MEETING. CARRIED. Councilman Bohrer said the next thing the Council should do would be prepare a resolution on what they are going to do. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE MATTER BE REFERRED TO THE PUBLIC SAFETY AND HEALTH COMMITTEE. CARRIED. Kjell Stoknes, OCD Director, said the wheels have been set in motion for the annexation of the Riverton area. He explained that it has come to his attention that the King County Boundary Review Board requires submission of an Environmental Questionnaire and Negative Declaration in conjunction with the application or request for them to consider the proposed Riverton Annexation. He said he was recommending that the Resolution passed on the Riverton Annexa- tion be reconsidered and voted down. After reversing the decision on the Resolution, it was his recommendation that the City Council review the Environmental Questionnaire and the Negative Declaration and then redecide upon the adoption or rejection of the Resolution regarding the Riverton Annexation, based upon the information provided in the Environmental Questionnaire. He said this procedural item needs to be accomplished prior to submission of the annexation petition to the King County Boundary Review Board. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING September 25, 1978 Page 4 DISCUSSION Contd. Prop. Res. on Annexation of Riverton Area contd. Prop. Ord. fixing amt. of tax levies necessary to raise funds to meet est. expenditures 1979 Prop. Ord. relating to sale of alcoholic beverages (Referred by Public Safety Health Committee) Prop. Ord. amending Criminal Trespass (Referred by Public Safety Health Committee) City Attorney Budget 1978 2 G y Councilman Saul asked if this could be accomplished by adding some part to the resolution that has been passed. Mr. Stoknes said the City Council needs to demonstrate they have this information and want the annexation in spite of it. He said he had not contac- ted the City Attorney on this, but he would and let the Council know. Mayor Bauch said the environmental information would be included in the resolution. John Mann, Riverton resident, asked who prepares the questions and who prepares the answers? Mr. Stoknes said he would prepare the questionnaire and take it to Ms. Robinson and she would sign it on the part of the citizens of the area. The questions are mandated by State law and the answers would be provided by Ms. Robinson. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT RESOLUTION 653 BE REVERSED AND THE COUNCIL REVIEW THE ENVIRONMENTAL QUESTIONNAIRE AND NEGATIVE DECLARATION AND THEN ADOPT OR REJECT A RESOLUTION REGARDING THE RIVERTON ANNEXATION BASED UPON THE INFORMATION PROVIDED IN THE ENVIRONMENTAL QUESTIONNAIRE AND IT BE ON THE AGENDA OF THE OCTOBER 2, 1978 REGULAR COUNCIL MEETING. Mayor Bauch said this procedure would preclude someone from suing the City because we did not look at the environment. Councilman Saul asked if the questionnaire would address taxes, roads, water, sewers, etc. Mr. Stoknes said it would. He said he had a request in the King County Assessor's office for tax information and he would bring it to Monday night's meeting. *CARRIED. Mayor Bauch said a letter had been recieved from the County stating the information regarding the tax levy will be available on the 9th of October. He said when it is received it will be on the next regular Council Meeting. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE BE ON THE AGENDA OF THE OCTOBER 2, 1978 REGULAR COUNCIL MEETING. CARRIED. Councilman Bohrer explained the need for the proposed ordinance in order to control sale, possession, and consumption of alcoholic beverages at the golf course and such functions as the dedication ceremony. He said this proposed ordinance deletes drinking in the parks which was in the original version. He said it is against State law to allow drinking in the County and City parks. Council- man Traynor said as far as drinking in the parks, the City Attorney told the Council it was against the law so that takes care of that part of it. This proposed ordinance takes care of the golf course. Mayor Bauch said Administration Policy Procedure 01 -19 and 20 were rewritten in regard to the new ordinance. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE ON THE AGENDA OF THE OCTOBER 2, 1978 REGULAR COUNCIL MEETING. CARRIED. Councilman Bohrer said the intent of the ordinance is to reduce the defense so someone trespassing cannot invent an excuse for being where he is not wanted. If someone comes into a local shop and has been previously convicted of shoplifting, the proprietor might not want them on the premises. Under the proposed ordinance they would not be permitted to remain. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE ON THE AGENDA OF THE OCTOBER 2, 1978 REGULAR COUNCIL MEETING. CARRIED. MOVED BY TRAYNOR, SECONDED BY HILL, TO AMEND THE AGENDA AND CONSIDER THE REMAINING ITEMS ON THE AGENDA PRIOR TO DISCUSSING THIS ITEM. CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING September 25, 1978 Page 5 STANDING COI MITTEE REPORTS Community Affairs Public Safety Health Finance Personnel Public Works CALENDAR REVIEW Dedication of New City Hall RECESS 8:40 8:50 P.M. DISCUSSION Contd. City Attorney Budget 1978 Chairman Traynor said they had no report to make at this time. Chairman Bohrer said the proposed ordinances regarding alcholic beverages and the ordinance amending criminal trespass had just come out of the committee and were on the agenda this evening. He said the committee plans to meet on Wednesday if Chief Crawley is available to attend the meeting. Chairman Harris said the subject of the engineering technician had come from the Finance and Personnel Committee and had been considered in this meeting. Chairman Johanson said his committee had no report to make at this time. Mayor Bauch announced the dedication of the new City Hall on Friday, September 29, from 3 to 7 p.m. He said this would be the last time the Council would hold a meeting in the old City Hall. He said the Court would meet in the old City Hall on Tuesday night and the Planning Commission on Thursday, September 28, 1978 and they would be the last meetings in the old City Hall. Meetings will be held in the Council Chambers in the new City Hall after this. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE COMMITTEE OF THE WHOLE MEETING RECESS FOR TEN MINUTES. CARRIED. The Committee of the Whole Meeting was called back to order by Council President Van Dusen, with Council Members present as previously listed. Mayor Bauch said this item was put on the agenda because after reviewing the August 31 budget it showed we were at a negative $900 in the Other Legal and after we paid August bills and bills incurred in September we are in Other Legal by $5,000. He said we have spent $20,209. He said he had prepared a work sheet showing how the money has been spent. He said he had asked Larry Hard, Deputy City Attorney, to estimate what it will take to finish the year. Mayor Bauch said there was money left in the budget last year and it was dropped at the end of the year. He said it was his recommendation that the $2,915 shown on the golf course and under the Independent Water Company the $50 should be transferred to Water. Deputy City Attorney Hard explained some of the cases, stating they were averaging about three times as many hours on specific legal cases as last year. He said one big item was the massage parlor case, it has involved a lot of litigatior and was not anticipated when the budget was prepared. Councilman Harris asked if there was any way to recoup the legal fees. Mr. Hard said the City is winning most of the cases. In the case of a City a judge does not feel a City should have their legal fees paid as an individual is paid. He said people are getting more involved in litigation, the records show, rather than talking things out. He said in 1915 there was one ticket issued in Tukwila, according to old records. Mayor Bauch said the money will have to come out of the Contingency Fund. He said he would estimate we are going to need $10,000. Mr. Hard said the Kinney suit is in the Court of Appeals and City Light suit is still outstanding. He said the firemen's suit regarding social security is still pending, also there is a new lawsuit, Schmid vs. the City. He said the City Licht suit could be a genuine battle. They have not been pushing the lawsuit, but if they are unable to sell the property for anything near what they think it is worth, it may be a battle. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT AN ORDINANCE BE PREPARED TRANSFERRING $10,000 FROM CONTINGENCY FUND INTO THE LEGAL BUDGET AND IT BE ON THE AGENDA OF THE OCTOBER 2, 1978 REGULAR COUNCIL MEETING. CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING September 25, 1978 Page 6 DISCUSSION Contd. City Light Property a7/ Mr. Ross Tunnell, audience, said he was present to talk about the City Light property. He said he represented a group who is interested in the property, but they do not want to bid on the property until they know what they may be able to do with it. He said they had approached the Office of Community Development with plans, but were told they would have to have definite site plans. Before they go to this expense they would like to know what the Council will approve. He said he did not know if they would develop the land or divide it into sections and sell it. He said they had plans for office buildings, fill in some of the lake but have at least a ten acre lake, with a walk around it that would be open to the public. He said he was going to find out the exact dimen- sions of the lake so it would be known. He said they had also talked of a motel, high rises, and a bird sanctuary. He said they do not want to spend money on plans unless they know the City will accept a preliminary plat. Councilman Bohrer asked how the investors would handle the lake on the plan. Mr. Tunnell said some of the property would run into the lake. they propose to do some fill, he said they wanted to build on the lake and notlose access to the street. Council President Van Dusen said he was sure there would be some development down there. Mr. Tunnell said they might prepare the land and then sell it. He said on their plan they would show the fill that would be put in and how the lake will be reduced. Councilman Saul asked if there could be a contractors' agreement that there would be a walk around the lake that would be open to the public. Mr. Tunnell said they need a waiver because they plan to do something to the lake. Council President Van Dusen said the City has tried to preserve the lake, the City knows the area should be developed and they would like to see a nice development down there. Councilman Harris asked if the City could be assured as to the size of the lake if it is purchased and fill put in. Mr. Tunnell said that is what they proposed to do. He said they would attempt to define the boundaries on a map. Mayor Bauch said he was afraid Mr. Tunnell would lose the competitiveness of the bid if he comes to the Council previous to purchase and shows what can be done. Mr. Tunnell said they are fixed with a time limit of November 7, 1978 to submit the bid for the property. He said they would like to know the Council's decision in two and one -half weeks. Councilman Bohrer said it is likely there are people with eyes on the property who would welcome guidelines as to what the City would accept as far as the development is concerned. He said he would suggest the Staff (OCD) come back to the City Council with ground rules as to what might be acceptable to the City on that site: what is the size of the lake, how much access must there be, parking requirements, need of a wild life sanctuary. If these ground rules were set down then everyone would have them. Larry Hard, Deputy City Attorney, said it would have to be recommendations from the Office of Community Development. He said the people requesting the information do not own the property, by putting limitations on the land you are depriving the owners of their own use of the property, you would be imposing restrictions on it. Councilman Bohrer said there is an interested party who has no legal interest in the property who is coming and asking for an interpretation and the City provides him with an interpretation. He asked if the City was not being biased. Larry Hard said if the Council decides tonight on this issue it will have to have the decision binding to everybody. Councilman Harris said if it were not for the shrinking of the pond she would say go right ahead with the plans. Larry Hard said he thought Councilman Bohrer's idea of City ground rules for the property was a good one. He said he would like to see guidelines of what the City would consider the land could be used for. He said it would be a statement to those who wanted to buy the land. These people need to know what the goals would be and there is a time limit to submit bids. Councilman Traynor said if we put a minimum of 10 acres on the lake that is how it will end up. Sharon Mann, audience, said if the Council develops general guidelines as to how they would like the property developed, there are professional people who could meet the guidelines. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING September 25, 1978 Page 7 DISCUSSION Contd. City Light Property contd. ADJOURNMENT 10:10 P.M. Councilman Harris said the present zoning on the property is CM. The zoning tells how much parking there should be so we do not need any guidelines on that. Mr. Larry Hard suggested there be some trading, perhaps some parking for the size of the lake, and the wild life sanctuary. Councilman Johanson said City Light is a municipal entity and they have deprived the City of the taxes on that property for 15 years. Theoretically, they bought the property to be a sub station, then we developed all around it. They have never paid taxes on the property like everyone else has had to. He said he did not think that was right. Councilman Traynor said he thought the quickest way would be to consider the preliminary plans. Larry Hard said this fact as to what would be considered in the preliminary plans should be published so everyone would know about them. Councilman Saul said City Light would have a list of everyone who has called about the property. They could be notified. Mayor Bauch said many had asked about the property. Mr. Tunnell said he was not asking for guidelines, he was asking permission to present their plans for the property. MOVED BY BOHRER, SECONDED BY HILL, THAT STAFF BE DIRECTED TO COME TO THE OCTOBER 9, 1978 COMMITTEE OF THE WHOLE MEETING WITH SOME POLICY RECOMMENDATIONS FOR CONSTRAINTS OF DEVELOPMENT OF THE SEATTLE LIGHT SITE AT ANDOVER PARK WEST AND STRANDER BOULEVARD. CARRIED. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT THE COMMITTEE OF THE WHOLE MEETING ADJOURN. CARRIED. Gary Van Dusen, City Council President Norma Booher, Recording Secretary