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HomeMy WebLinkAbout1980-01-28 Committee of the Whole MinutesJanuary 28, 1980 TUKWILA CITY COUNCIL 7:00 P.M. COMMITTEE OF THE WHOLE MEETING CALL TO ORDER COUNCIL MEMBERS PRESENT APPROVAL OF MINUTES AUDIENCE COMMENTS Gas leaks on 57th Avenue. DISCUSSION Prop. Ord. amending 1979 Budget, Ord. 1090, to appropr. unanticipated rev. for Water Fund. Prop. Ord. extending Loan Period on LID #28 amending Sec. 1 2 of Ord. #1070. MINUTES City Hall Council Chambers Council President Bohrer called the Tukwila City Council Committee of the Whole Meeting to order. LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, DORIS E. PHELPS, COUNCIL PRESIDENT DANIEL J. SAUL, GARY L. VAN DUSEN. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE MINUTES OF THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING HELD JANUARY 14, 1980 BE APPROVED AS PUBLISHED. MOTION CARRIED. Councilman Van Dusen asked Phil Fraser, Acting Public Works Director, if there had been any complaints about gas leaks on 57th Avenue? There has been a rumor that Washington Natural Gas has looked at the leaks and they are not going to make repairs at this time because a new street is going to be put in there. Phil Fraser, Acting Public Works Director, said there is a gas leak at 57th and 147th, you can see holes in the street. In contac- ting Washington Natural Gas they have indicated they will work on a portion of the street, making repairs, but wait for the rest until the street goes in. Councilman Hill stated that with the energy conservation drive they should not let the leaks remain for six to eight months. When 144th was put in, it included 58th and 147th, the street was torn up and Washington Natural Gas was notified that the service was about 20 years old and they should come and see to repairs or replacement. There was a possibility the street would not be put in for five years. IN about two years they had to come in and replace the service. He said the City would have to pay for the gas that is leaking. MOVED BY HILL, SECONDED BY HARRIS, THAT WASHINGTON NATURAL GAS BE CONTACTED BY ADMINISTRATION, THE PROBLEMS DOCUMENTED, AND IMMEDIATE ACTION BE REQUESTED. MOTION CARRIED. Ron Swanson, Finance Director, stated a review of the December 1979 pre closing expenditure report shows the Water Fund to be over expended. This came about primarily due to interfund charges higher than anticipated. Prior to December, the fund was running in line with the budget. He said he had discussed the matter with the State Examiner's office and they concurred that the water fund budget amendment was the proper way to proceed. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE AMENDING THE 1979 BUDGET AS ADOPTED BY ORDINANCE NO. 1090 TO APPROPRIATE UNANTICIPATED REVENUES FOR THE WATER FUND BE ON THE AGENDA OF THE REGULAR COUNCIL MEETING ON FEBRUARY 4, 1980. MOTION CARRIED. Ron Swanson, Finance Director, stated the City Attorney had indicated the City should extend the LID 28 loan another 60 days to give him time to resolve matters. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE EXTENDING THE LOAN PERIOD ON LID #28 AND AMENDING SECTION 1 AND 2 OF ORDINANCE NO. 1070 BE ON THE AGENDA OF THE REGULAR COUNCIL MEETING ON FEBRUARY 4, 1980. Councilman Harris asked about the possibility of a new LID being formed? Ron Swanson said the proposed ordinance would extend the loan period while this possibility is explored. Mayor Todd said there is a meeting scheduled for January 31, 1980 at 7:30 p.m. for all of the property owners who are involved in LID 28. The possiiblity of forming a new LID will be discussed. If it is accomplished some of the costs of LID 28 may be allocated TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING January 28, 1980 Page 2 DISCUSSION Contd. Prop. Ord. extending Loan Period on LID #28 amending Sec. 1 and 2 of Ord. #1070 contd. Prop. Ord. vacating a portion of 53rd Ave. S. adj. to I -5. Prop. Res. accepting Quit Claim Deed Bill of Sale for Road right -of -way utility improvements on Upland Drive. to the new LID. Larry Hard, City Attorney, explained an opinion has been handed down from the Supreme Court to send it back to the Superior Court to allocate the costs and begin a new LID. The court decision has been that the LID was not properly constructed in the first place. The City will not be able to assess the property owners for all of the costs of LID 28, except the engineering costs as they could be used in another LID. *MOTION CARRIED, WITH VAN DUSEN VOTING NO. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE VACATING A PORTION OF 53RD AVENUE SOUTH ADJACENT TO INTERSTATE HIGHWAY 5 BE ON THE AGENDA OF THE REGULAR COUNCIL MEETING ON FEBRUARY 4, 1980. Councilman Bohrer stated Council Motion No. 79 -07 established conditions that must be met before the Council would consider the vacation. He said he has not seen evidence of a report stating these conditions had been met. Mr. Watkins has never come before the Council stating why he wants the land. Mayor Todd asked if Administration should contact Mr. Watkins, asking him to come to the City Council Meeting. Council President Saul asked that this be done. *MOTION CARRIED. Councilman Van Dusen suggested the Council consider a Formal Motion stating that the Council will pass resolutions and ordinances that deal with documentation only when they have the documents on hand. This way legal problems can be avoided. The Council agreed to this suggestion. Councilman Hill said he would like to see this resolution held up until the street is brought up to City standards. At the present time it would have to be brought up to City standards and that would be a liability. He asked about sidewalks. Phil Fraser, Acting Public Works Director, said it would be required to have sidewalks on one side. It was his thought that the ordinance did not require sidewalks. Councilman Bohrer said he would like to see a list of the deficiencies. This cul -de -sac was never built to City standards, it was built as a private street and it is sub standard. Phil Fraser said the right -of -way is 60 feet and there is a 15 foot utility easement on each side. It would allow a four lane street. Jones and Associates built it with the intent to turn it over to the City and meet City standards. Councilman Phelps asked if there is a one -year maintenance bond? Mr. Fraser said there was and it would begin at the time of acceptance. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE PROPOSED RESOLUTION BE RETURNED TO THE PUBLIC WORKS COMMITTEE FOR FURTHER STUDY AND NOT BROUGHT BEFORE THE COUNCIL UNTIL THE COMMITTEE IS SATISFIED THAT THE STREET MEETS CITY STANDARDS. Mayor Todd recommended the Committee give Administration a list of requirements and then the City can see that they are met. *MOTION CARRIED. Agreements w /U. S. Councilman Hill said he had accompanied Councilman Johanson to a Soils Conservation meeting relating to drainage and flood control improvements in the Service Drainage Green River Valley. He said it seems that Auburn, Kent, and Renton Flood control improve- are getting rid of their drainage problems by dumping them in ments in the Green R. Tukwila. They have not come up with any scheme to get it out of Valley. Tukwila, once they get it here. The proposed agreement has a section added that does allow us to hold them down to one step at a time, TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING January 28, 1980 Page 3 DISCUSSION Contd. Agreements w /U. S. Soils Conservation Service Drainage Flood Control Imp- rovements in the Green R. Valley -contd Prop. Ord. providing fund transfer for Southcenter Pkwy. Str. Widening. RECESS 8:20 8:27 P.M. Prop. Ords. setting Spec. Elec. Dates for prop. annexations (Crestview, Riverton Allentown). so we can watch it. Mr. Fraser said there is no City money involved yet in the resolution. MOVED BY BOHRER, SECONDED BY HILL, THAT DAVE CLARK APPEAR AT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING ON FEBRUARY 11, 1980 AND DISCUSS AND EXPLAIN THE FOUR ALTERNATIVES. MOTION CARRIED. Phil Fraser, Acting Public Works Director, explained the need for authorization for the transfer of funds. Councilman Bohrer asked when and how the reprioritization would take place. Mr. Fraser said it would take place by Council action. Ron Swanson, Finance Director, said a Council Motion could accomplish the transfer. Mr. Fraser said in order to go to bid the funds must be allocated. Councilman Bohrer asked when the engineering would start on the 1980 portion? Mr. Fraser said he anticipated it would start some- time this week. Harstad and Associates will be the engineers.' Councilman Bohrer said he would like to see guidelines implemented before they get too far along. Mr. Fraser said he has a preliminary draft of the guidelines. MOVED BY HILL, SECONDED BY HARRIS, THAT THE PROPOSED AUTHORIZATION FOR TRANSFER OF FUNDS BE ON THE AGENDA OF THE REGULAR COUNCIL MEETING ON FEBRUARY 4, 1980. MOTION CARRIED. MOVED BY HILL, SECONDED BY HARRIS, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. The Tukwila City Council Committee of the Whole Meeting was called back to order by Council President Saul, with Council Members present as previously listed. MOVED BY BOHRER, SECONDED BY HARRIS, THAT ITEM 13 OF THE AGENDA BE CONSIDERED AT THIS TIME. MOTION CARRIED. Mayor Todd stated he was told the Crestview election was set for March 11, 1980. This morning he received word from the Department of Records that they had received the ordinance from the King County Council unsigned and they were trying to get it signed. He said he had made telephone calls to the County Council and had not been able to get an answer. Larry Hard, City Attorney, said in his opinion the City did not have to pass the ordinances setting election dates for the proposed annexations. The only action required is that a resolution be passed accepting the petition for annexation. The Council has already done this. It goes to the County Council and they have to place it on ballot. He did not know why the King County Council had not acted on it. Mayor Todd said the City has been presented with an appeal by Fire District No. 1 on the Allentown annexation so it will be some time before legal action on that can be determined. Larry Hard, City Attorney, said the Boundary Review Board approved the annexation of Crestview. The law says once that has been done it goes to the King County Council and they must act on it. If they do not they are in violation of State law. Councilman Hill said it is his understanding that if the election is favorable the City must accept the annexation. He said he has wanted some facts and figures on what it is going to take to support these annexations if they are assumed by the City. We were told we were not able to expend City funds on this type of research until the outcome of the elections for annexation. Larry Hard, City Attorney, said it was his opinion that if the elections were in favor of annexation the City would have to accept them, unless the original boundaries were changed by the BRB. Councilman Bohrer said he had always thought the final action would be with the City and after the election the City could accept TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING January 28, 1980 Page 4 DISCUSSION Contd. Prop. Ords. setting Spec. Elec. Dates for prop. annexations (Crestview, Riverton Allentown) contd. Chartwell Project Request for Public Hearing on Feb. 4. or reject the annexations. He thought the petitioners should know what they can expect from the City before the election takes place. It was his understanding Mayor Todd had written to the Department Heads asking for manning and service requirements in the annexed areas. This information has been requested by February 28. Kjell Stoknes, OCD Director, said it was his thought the City did not have to pass ordinances setting Special Election Dates for proposed annexations. After the elections the City would have to approve the annexation by ordinance. Dennis Robertson, audience, said he thought the City should decide whether or not they want to accept proposed annexation areas before the election takes place. A lot of time and effort has gone into the requested annexation and if, after it has been voted on, the City decides they do not want the area the bitterness will be extreme. Larry Hard, City Attorney, said in looking at the State law his previous opinion was the same. The County is required to set an election within 30 days. Once the election is held the results are certified and the King County Council notifies the City of the election results. The City Council then passes an ordinance accepting the annexation and assuming the obligations. If the voters refuse to assume the bond indebtedness or the boundaries of the annexed area have been changed by the BRB then the Council can refuse to accept the annexation. He said he thought the Council should force the County Council to act. Dwayne Knittel, audience, said he has had a different answer every time he has called King County Council about the annexation. He said King County Council had received the ordinance from the BRB at least 70 days ago. MOVED BY BOHRER, SECONDED BY PHELPS, THAT CITY COUNCIL DIRECT ADMINISTRATION TO REQUEST EXPEDITIOUS ACTION FROM KING COUNTY COUNCIL SO ELECTIONS CAN BE HELD. Councilman Hill said he was disappointed that the Council had not been given all of the facts insofar as additional personnel and services that would be required prior to acceptance of the annexa- tion request. Councilman Van Dusen said he has been waiting for all of this information. Larry Hard, City Attorney, said he has not seen the review by the BRB, but he thought no changes were made to the boundaries. If the election fails to pass the annexa- tion issue the Council will have no problem, if it passes with the people accepting the bond indebtedness, the Council will have to accept the area. Kjell Stoknes. OCD Director, said a study was made but the only information it contained was the revenue estimate and expenditure. Ron Swanson, Finance Director, said he prepared a revenue estimate for Crestview and Riverton areas. *MOTION CARRIED, WITH HILL AND VAN DUSEN VOTING NO. Councilman Bohrer requested a staff report, based on information from the City Attorney, that would clarify the issue of whether or not the City Council has final approval of accepting or rejecting the annexation and the conditions. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT A PUBLIC HEARING ON THE CHARTWELL PROJECT BE HELD ON FEBRUARY 4, 1980 IN RESPONSE TO A PETITION. Constance Proctor, attorney with law firm of Shidler, McBroom, Gates, and Baldwin, 1000 Norton Building, Seattle 98104, said she was representing Allied Stores and they had some concerns about the EIS inadequacies: (1) wildlife biologist report is missing from EIS; (2) soil and data studies not included in EIS, due to under- ground parking and utilities; (3) how will City integrate consequences of this project, drainage, City services, water storage; (4) more data needed on traffic and circulation; (5) improvements needed TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING January 28, 1980 Page 5 DISCUSSION Contd. Chartwell Project Request for Public Hearing on Feb. 4 contd. Foster Golf Course Irrigation Sys. Bid Acceptance. Foster Golf Course Green Fees. CMB Development Waiver Application. for access into industrial area; (6) parking should be considered in EIS; (7) building in southeast area not moved; (8) pond has been reduced from 17 acres to 6.8. She requested no further action by Council until more data has been refined into the EIS. Councilman Bohrer asked under what conditions can a new preliminary EIS be done? Larry Hard, City Attorney, said the preliminary EIS has been done and comments submitted. The City must answer or respond to the comments and make a final EIS. A public hearing on the EIS has been requested by petition and is now mandatory. The City has the right to do an extensive redraft of the preliminary EIS. Mark Caughey, Assistant Planner, said the City will respond to comments and include them in the final EIS. If the preliminary EIS is inadequate it may be necessary to rewrite the preliminary, respond to comments, and publish both as final. Mayor Todd recommended that a court reporter take the minutes of the Public Hearing on the Chartwell project. MOVED BY VAN DUSEN, SECONDED BY HARRIS, TO AMEND THE MOTION AND HAVE A COURT REPORTER IN ATTENDANCE AT THE PUBLIC HEARING. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Don Williams, Recreation Supervisor, recommended that the low bidder, Ohno Construction Company, be awarded the golf course irrigation system basic bid and Alternative #1 and Administration be allowed to negotiate change orders to accomplish changing the watering time to a 10 hour watering cycle with an estimated cost of $8,000 and the addition of a syringing potential for the fair- ways at an estimated cost of $1,000. This would commit approximately $189,063 to the project, plus an additional $10,000 for contingencies, and would necessitate borrowing approximately $12,000 temporarily from another fund. Contingencies would be necessary changes due to conditions during construction not anticipated during design phase; electrical hook -up of the system by Puget Power not in original bid; electrical connections not in original bid, including potential changes from the single phase -power converter to three phase -power at the bridge. Councilman Phelps asked if financial statements on the construction company had been obtained from the bonding company. Mr. Williams said they could be obtained. Mr. Williams said the work should be completed 75 working days from notification to proceed. The longer the delay the more we get into the heavy use of the golf course. They wish the golf course to operate during construction. Ohno Construction has not done a golf course but they have installed all of the equipment that the City will be installing. There will be a $250 per day penalty if the project is not completed on time. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT THE BID ACCEPTANCE ON THE FOSTER GOLF COURSE IRRIGATION SYSTEM BE ON THE AGENDA OF THE REGULAR COUNCIL MEETING ON FEBRUARY 4, 1980. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY HILL, THAT THIS MATTER BE REFERRED TO THE FINANCE AND PERSONNEL COMMITTEE. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY VAN DUSEN, THAT THE CMB DEVELOPMENT WAIVER APPLICATION BE ON THE AGENDA OF THE REGULAR COUNCIL MEETING ON FEBRUARY 4, 1980. Al Pieper, Building Official, said the CMB Development Corporation has now made formal application for a building permit. When the application was received they were notified they would have to have a waiver. That is the present status. They require a waiver due to density and the area is environmentally sensitive. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING January 28, 1980 Page 6 DISCUSSION Contd. CMB Development Councilman Bohrer said this is the ninth time this waiver application Waiver Appl. contd. has been on the Council agenda. The original waiver was for 60 units and then later requests were for the same density on a larger property. He said he had written them early in January stating their application of November 9, 1979 appeared to be substantially the same as previously submitted and denied. Request for Police Admin. vehicle. Request for Fire Dept. Truck Council Seminar Feb. 2, 1980. COMMITTEE REPORTS Kjell Stoknes, OCD Director, said the applicant is not at this meeting to speak in defense. The Council can either accept or reject the application. *MOTION CARRIED. Council President Saul referred to a memorandum dated January 23, 1980 from Mayor Todd encouraging the Council to purchase a police type vehicle for Police Administration instead of a compact car. The larger vehicle could be put in street service when a regular police car is out of service. The proposed automobile would be a Dodge St. Regis at approximately $6,650 on State bid. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE COUNCIL APPROVE THE PURCHASE OF POLICE TYPE VEHICLE FOR POLICE ADMINISTRATION IN ACCORDANCE WITH THE RECOMMENDATION OF THE MAYOR. Councilman Bohrer asked about cost of maintenance on this vehicle. Mayor Todd said it would not be used the way the police vehicles are used. It would be for police administration and as a service car on an emergency basis. He said the Police Department felt an Aspen was not a proper car to send out for street service. Council President Saul said the St. Regis would take less maintenance than the smaller car because it is a heavier car. *MOTION CARRIED, WITH BOHRER VOTING NO. Fire Chief Crawley said he would not be getting the truck from the Street Department, therefore they will need a 3/4 -ton pickup to be used for towing trailers. He suggested the use of $9,000 of the propane conversion money for funding. He stated the Water Department would get the scooter from the Fire Department. MOVED BY VAN DUSEN, SECONDED BY PHELPS, TO AUTHORIZE THE PURCHASE OF A 3/4 TON PICKUP TO BE USED BY THE FIRE DEPARTMENT. MOVED BY BOHRER, SECONDED BY HARRIS, TO AMEND THE MOTION AND REFER THE MATTER TO THE PUBLIC WORKS COMMITTEE FOR INCLUSION WITH THE PROPANE CONVERSION STUDY. TIE VOTE WITH HILL, VAN DUSEN, AND PHELPS VOTING YES; SAUL, BOHRER, AND HARRIS VOTING YES. MOTION FAILED. Councilman Phelps said the truck could be bought for $9,000 and there would still be $9,000 remaining to conduct the study for propane con- version. *MOTION FAILED, WITH VAN DUSEN VOTING YES. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE MATTER OF THE PURCHASE OF A 3/4 TON TRUCK FOR THE FIRE DEPARTMENT BE ON THE AGENDA OF THE REGULAR COUNCIL MEETING ON FEBRUARY 4, 1980. f1OTION CARRIED. Council President Saul announced the agenda was ready for the Council Seminar on February 2, 1980 at 8:30 a.m. in the Council Chambers. Mayor Todd stated the meeting should be advertised, since it is an open meeting. Approval of Committee MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE CITY COUNCIL APPROVE members. THE RECOMMENDATIONS OF THE CITY COUNCIL PRESIDENT ON THE COMMITTEE SELECTIONS. MOTION CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING January 28, 1980 Page 7 OTHER Repair of roof at Community Ctr. ADJOURNMENT 11:10 P.M. MOVED BY BOHRER, SECONDED BY HILL, THAT ADMINISTRATION PRESENT A FORMAL MOTION FOR THE REPAIR OF THE ROOF AT THE COMMUNITY CENTER AND IT BE ON THE AGENDA OF THE REGULAR COUNCIL MEETING ON FEBRUARY 4, 1980. MOTION CARRIED. Dept. Heads Salary. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE FINANCE AND PERSONNEL COMMITTEE MAKE RECOMMENDATIONS FOR THE DEPARTMENT HEADS' SALARIES AND PRESENT IT TO THE CITY COUNCIL BY THE END OF FEBRUARY. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING ADJOURN. MOTION CARRIED. 6 J:2 Dan J. Sault Qi ty President Norma Booher, Recording Secretary