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HomeMy WebLinkAbout1980-03-03 Regular MinutesMarch 3, 1980 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: Southcenter Pkwy. TUKWILA CITY COUNCIL Regular Meeting M I N U T E S Mayor Todd, 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, GEORGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, GARY L. VAN DUSEN. MOVED BY JOHANSON, SECONDED BY PHELPS, THAT COUNCIL MEMBERS HARRIS AND SAUL BE EXCUSED FROM THE MEETING. MOTICt\ CARRIED. LAWRENCE E. HARD, City Attorney; JOHN MCFARLAND, Administrative Assistant; RON SWANSON, Finance Director, MAXINE ANDERSON, City Clerk, AL PIEPER, Building Official; DON WILLIAMS: Recreation Supervisor. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 19, 1980 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilman Bohrer asked about Voucher #5776 in the amount of $110.85 for the purchase of a compressor and spray gun. The money is charged to the Land Acquisition Building Development Fund. Don Williams, Recreation Supervisor, explained that $1,000 was carried over from the 1979 Budget for Community Center equipment. *MOTION CARRIED. Claims Fund Vouchers #5652 #5798 Current Fund 5652 -5763 $28,105.28 Golf Crse. Spec. Rev. 5764- 3,800.00 Street Fund 5765 -5772 4,608.66 Arterial Street 5773- 22.75 Federal Shared Rev. 5774 -5775 1,979.60 Land Acq, Bldg, Dev. 5777 -5779 481.31 Foster Golf Acq. 5780- 911.00 Water Fund 5781 -5788 15,568.64 Sewer Fund 5789 -5797 17,599.37 Unemployment 5798- 1,770.16 $74,846.77 Phil Fraser, Office Engineer, reported that six bids were received on the Street Widening Project along Southcenter Pkwy. as follows: MOSS CONSTRUCTION KLOKSTAD CONCRETE CONST. WEST COAST CONSTRUCTION VALLEY CEMENT CONSTRUCTION CENTER DOZING WATSON ASPHALT PAVING CO. ENGINEER'S ESTIMATE 68,923.50 69,950.25 72,287.25 78,208.00 79,005.05 103,640.85 75,715.00 In consideration for proceeding with the Street Widening Project, the three Developers agreed to provide the necessary property and easements. They have thirty days in which to furnish the deeds and easements; this is part of the contract. Mr. Fraser said the street project will be coordinated with the contractors on the construction sites. MOVED BY HILL, SECONDED BY PHELPS, THAT COUNCIL ACCEPT THE BID OF MOSS CONSTRUCTION, INC. IN THE AMOUNT OF $68,923.50. MOTION CARRIED. Highline water district intertie Water district 75 intertie Water district #75 intertie TUKWILA CITY COUNCIL, REGULAR MEETING March 3, 1980 Page 2 APPOINTMENTS Ted U. Uomoto, Public Works Director PUBLIC HEARINGS Revisions to Comprehensive Transportation Program CITIZEN'S COMMENTS Presentations: Dwayne "Skip" Traynor Bobby Zepp Eugene Elfstrom Formal Motion: Vacate a portion of 44th P1. So. Letter from Water District #75 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL CONCUR WITH THE MAYOR'S RECOMMENDATION OF MR. TED M. UOMOTO TO THE POSITION OF PUBLIC WORKS DIRECTOR. MOTION CARRIED. Mayor Todd introduced Mr. Uomoto to the City Council. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL SET MARCH 17, 1980 AS THE PUBLIC HEARING DATE ON THE REVISIONS TO THE COMPREHENSIVE TRANSPORTATION PROGRAM. MOTION CARRIED. Mayor Todd read Resolution #718, a resolution in appreciation to Dwayne "Skip" Traynor for his years of service to the City of Tukwila as Councilman. He presented Mr. Traynor with a plaque in recognition of his outstanding service. Mayor Todd displayed the citizenship award for sincere and devoted effort presented to Bobby Zepp by the Southcenter Kiwanis Club. He congratulated Mrs. Zepp. Mayor Todd recognized Eugene Elfstrom, Maintenance Crew, for his participation in the Pacific Northwest Parks and Recreation Maintenance Management School. Mr. Elfstrom thanked the Council for the opportunity to attend this school. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT FORMAL MOTION NO. 80 -3 BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a formal motion of the Tukwila City Council stating their intent to vacate a portion of 44th Place South at such time as certain actions are complied with. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT FORMAL MOTION NO. 80 -3 BE APPROVED AS READ.* Councilman Bohrer said he has several questions. It looks like the developers propose to build a private street on the precise location where the public right -of -way is. It disturbed him to hear they only want to develop a 30 foot street which is not acceptable under the Building Code. They are interested in allowing truck maneuvering on the street and that only small trucks will be permitted. Councilman Bohrer said his concern is that the vacation of the street does not provide the City with any protection as is required by TMC 17.28.050. Councilman Phelps asked if building plans have been submitted and was told, no. Councilman Johanson suggested this be tabled until Council gets more information. MOVED BY JOHANSON, SECONDED BY HILL, THAT THE FORMAL MOTION CONCERNING A STREET VACATION BE TABLED. MOTION CARRIED WITH COUNCILMAN BOHRER VOTING NO. Mayor Todd noted the letter he had received from Water District #75 concerning converting the stand -by fire service through the twelve inch intertie to regular service metered through the equivalent of an eight inch meter. MOVED BY HILL, SECONDED BY BOHRER, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF MARCH 10, 1980, FOR FURTHER INVESTIGATION.* TUKWILA CITY COUNCIL, REGULAR MEETING March 3, 1980 Page 3 Letter from Water District #75 Budget Transfer MOVED BY PHELPS, SECONDED BY HILL, THAT THIS ITEM BE PLACED IN Motion #80 -5 THE FINANCE AND PERSONNEL COMMITTEE.* ORDINANCES Ordinance #1146 Approving the Assessment Roll for LID #25 Mayor Todd said he would hope Council considers this proposal because it will give the City storage. Councilman Hill noted that this would be a good time to look over the whole water system and see what the storage requirements are. Councilman Bohrer noted that the letter says Water District No. 75 can give no guarantee the intertie will satisfy either the storage or peak demand charges imposed by the City of Seattle. Mayor Todd said that four or five years ago when the hook up was made with Water District #75, it was agreed with the Seattle Water Department that Water District #75 storage could be used by Tukwila and we would not be charged the demand charges. Somehow we have gotten back where we were before. He offered to go back to Seattle to be sure they will credit us with the storage. *MOTION CARRIED. The request is for $3,600 for the Block Grant Coordinator's position which is not eligible to be funded with Block Grant monies. Councilman Phelps said she would like more information on the duties of the position. *MOTION CARRIED. Budget Transfer MOVED BY PHELPS, SECONDED BY BOHRER, THAT THE BUDGET TRANSFER Motion #80 -6 BE APPROVED. MOTION CARRIED. Budget Transfer Motion No. 80 -6 is to fund bleachers; gym lights and ballasts; and downspouts and gutters. These items are not eligible for Block Grant monies and will be funded from the Land Acquisition, Building and Development Fund. Budget Transfer MOVED BY PHELPS, SECONDED BY HILL, TIIAT THIS BUDGET TRANSFER Motion #80 -7 MOTION BE REFERRED TO THE COMMITTEE OF THE WHOLE MEETING OF MARCH 10, 1980. MOTION CARRIED. This motion provides a Step increase for the Planning Assistant. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY.* Councilman Hill asked if everything is ready for Council to pass this. Attorney Hard recommended that it be adopted tonight. He has one of the three necessary waivers, has assurance from King County that they will return theirs tomorrow and the other property owner will have his in a day or two. Everything is in order. *MOTION CARRIED. Attorney Hard noted he has a waiver for the Mayor to sign. *MOTION CARRIED. 69r Attorney Hard read an ordinance approving and confirming the assessments and assessment roll of Local Improvement District No. 25 which has been created and established for the purpose of construction and installation of access street, sanitary sewer trunks, force mains and lift stations and water mains, all in accordance with city standards within an area lying east of Interurban Avenue and north of State Highway No. 405, all within the City of Tukwila, as provided by Ordinance No. 837 and levying and assessing the amount thereof against the several lots, tracts, parcels of land and other property shown on the roll, and amending Ordinances No. 1097 and No. 837. MOVED BY HILL, SECONDED BY PHELPS, THAT ORDINANCE NO. 1146 BE ADOPTED AS READ.* TUKWILA CITY COUNCIL, REGULAR MEETING March 3, 1980 Page 4 ORDINANCES Cont. Proposed Ordinance Relating to non- conforming signs *MOTION CARRIED. d‘ 9? Councilman Hill suggested that the proposed ordinance relating to non conforming signs be sent to the Committee of the Whole for discussion. Mayor Todd noted that the only change in the ordinance is extending the date, one year, in which existing signs must conform to the Code. This will allow time to update the existing Code. Once we start enforcing the Code, we are going to have some problems. Attorney Hard agreed that it is going to cause some controversy. Councilman Bohrer said the seven year period was a grace period allowed to give people a chance to amortize their investment in their signs and to give them time in which to correct the sign itself. If the City updates the Sign Code don't we again have to allow them a further period of time to correct signs? Attorney Hard said not necessarily; the non conforming signs have been in existence since 1973. When you amend the Sign Code, you do not have to extend the time period. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Hard read an ordinance of the City of Tukwila, Wash., relating to non conforming signs and amending Ordinance #773, Section 010 (3). MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilman Bohrer said he does not understand why we need to do this. We have had seven years to get people to understand and get ready. *MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THIS ITEM BE TABLED AND BE PLACED ON THE AGENDA FOR THE NEXT COMMITTEE OF THE WHOLE MEETING. Mayor Todd noted that this was considered at the last Committee of the Whole Meeting. The Sign Code has been in existence for seven years. Now it is the time to act. The extension gives the City one year grace period in which to study the ordinance to see if it is fair or whether it needs to be amended. If it is not extended then we need to start immediately enforcing the code. Do we want to face possible litigation without further study. Councilman Johanson said that the Planning Commission was involved in developing the Code. There was quite a bit of expertise involved at the time. The opinion at the time was to have signs easily visible but not so pronounced that they were overwhelming. Competitive signing was not a good route for a business interest. This was the concept we have had over this period of time and one that I have supported. We have a nice looking development down there. The signs that are non- conforming at this time were all recognized by the developer. He said he is not convinced the ordinance is out of line. Councilman Hill said the intent of the ordinance was a good idea but the way it is worded it isn't enforceable. Up until now, they haven't had to enforce it. Attorney Hard said there has been enforcement activity on new signs. Mrs. R. Regel, member of the Board of Adjustment, said ever since she has been a member of the Board, they have gone by this Code. Signs have been refused under the Code. If it is changed now, it leaves them out on a limb. ROLL CALL VOTE: BOHRER YES HILL NO JOHANSON YES PHELPS NO VAN DUSEN YES TUKWILA CITY COUNCIL, REGULAR MEETING March 3, 1980 Page 5 ORDINANCES Cont. Ordinance #1147 Establish revenue appropriations for participation in Housing Comm. Block Grant Program Proposed Ordinance Relating to the composition of membership of the Planning Comm. Letter of Appoint- ment to Planning Commission X70 0 MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Hard read an ordinance amending the 1980 budget as adopted by ordinance No. 1139 in order to establish revenue and appropriations for the city's participation in the Housing and Community Block Grant Program. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ORDINANCE NO. 1147 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Attorney Hard read an ordinance of the City of Tukwila, Wash., relating to the composition of membership of the Tukwila Planning Commission and amending ordinance No. 1112, Section 1 and TMC 2.36.010 to establish conditions of residency. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilman Bohrer cited from Section 1(a) "shall have power of attorney to represent the owner of an active business" and asked the Attorney what it meant. Attorney Hard said it was a "term of art" which means a specific delegation of power or authority by written document. The person appointed to the Planning Commission would have to have a document called "Power of Attorney" executed by the owner of the business. He said he did not think it necessary to have this statement. He suggested the section be reworded by deleting all words after "community" in the fifth line from the end of the paragraph. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE BE AMENDED BY DELETING EVERYTHING FOLLOWING THE WORD "COMMUNITY" IN THE FIFTH LINE UP FROM THE BOTTOM. Attorney Hard said this ordinance is more desirable with the amendment. It gives the City more flexibility. *MOTION CARRIED. Councilman Bohrer said he can see some benefit in this. In the past the Planning Commission has been an excellent training ground for future elected officials. He said he would like to have more time for Council to consider this. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THIS ITEM BE TABLED TO THE COMMITTEE OF THE WHOLE ON MARCH 10. ROLL CALL VOTE: BOHRER YES HILL NO JOHANSON YES PHELPS NO VAN DUSEN NO *MOTION FAILED. *MOTION FAILED FOR LACK OF FOUR YES VOTES. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF MARCH 10. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MAYOR'S LETTER OF APPOINTMENT BE READ. MOTION CARRIED. Councilman Van Dusen read the letter recommending the appointment of Mr. Charles Arvidson to the Planning Commission. TUKWILA CITY COUNCIL, REGULAR MEETING March 3, 1980 Page 6 ORDINANCES Cont. Letter of appoint- ment to Planning Comm. RESOLUTIONS Resolution #719 Authorizing the Mayor to negotiate with Foster Marshall for the sale of LID #25 Bonds Resolution #720 Identifying current position classifi- cations and in- creasing the Salary Grade Schedule by 12% RECESS: 8:40 P.M.- 8:45 P.M. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL GIVE FAVORABLE CONFIRMATION TO THE APPOINTMENT OF MR. ARVIDSON TO THE PLANNING COMMISSION.* *MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THIS APPOINTMENT BE TABLED UNTIL AFTER THE PREVIOUS ORDINANCE HAS BEEN CONSIDERED. ROLL CALL VOTE: BOHRER YES HILL NO JOHANSON YES PHELPS YES VAN DUSEN NO *MOTION CARRIED. MOVED BY JOHANSON, SECONDED BY BOHRER, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Hard read a resolution of the City of Tukwila, Washington, authorizing the Mayor to negotiate with Foster Marshall, Inc. for the sale of LID No. 25 bonds. MOVED BY PHELPS, SECONDED BY HILL,THAT RESOLUTION NO. 719 BE BE ADOPTED AS READ. MOTION CARRIED. Mayor Todd introduced a resolution of the City of Tukwila, Washington, amending "Attachment A" of Resolution No. 614 identifying current position classifications and amending "Attachment B" of Resolution No. 667 by increasing the salary grade schedule by 12 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT RESOLUTION NO. 720 BE ADOPTED AS READ.* MOVED BY PHELPS, SECONDED BY HILL, TO INCLUDE, FOR ADOPTION, BUDGET TRANSFER MOTIONS NOS. 80 -8 THRU 80 -12 FOR THE SALARY INCREASES. MOTION CARRIED. Councilman Bohrer noted Attachment A and asked what changes had been made in the original. Councilman Phelps said it included new positions that were included in the 1980 budget. COUNCIL RECESSED FOR FIVE MINUTES TO COMPARE THE POSITION CLASSIFICATIONS. Mayor Todd called the meeting back to order. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT ATTACHMENT A BE AMENDED TO RETURN THE "DIRECTOR OF COMMUNITY DEVELOPMENT" TO THE LIST AND CHANGE THE PLANNING DIRECTOR TO "ASSOCIATE PLANNER." Councilman Hill asked if this had been discussed by the Finance and Personnel Committee. Councilman Phelps said they discussed the 12% wage increase but not the reorganization of the Office of Community Development. Councilman Bohrer said he would like the opportunity to discuss the operation of the Office of Community Development in the absence of a director. *MOTION CARRIED WITH HILL AND VAN DUSEN VOTING NO. *MOTION CARRIED AS AMENDED. TUKWILA CITY COUNCIL, REGULAR MEETING March 3, 1980 Page 7 DEPARTMENT REPORTS City Attorney's Report MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Recreation Dept. Student Intern Attorney Hard said LID #25 is moving along. He said a letter had been mailed to Miss Nelsen of the Independent Water Company as discussed at the last meeting. Don Williams, Recreation Supervisor, introduced Tanya Story, Student Intern, from Washington State University who will be working at the Community Center for the next eight weeks. EXECUTIVE SESSION 9:20 P.M. MOVED BY HILL, SECONDED BY JOHANSON, THAT COUNCIL GO INTO EXECUTIVE SESSION. MOTION CARRIED. Executive Session called to discuss the Firefighter Labor Contract. 9:25 P.M. Councilman Saul arrived at the meeting. 10:30 P.M. Fire District #25 ADJOURNMENT MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE EXECUTIVE SESSION BE CLOSED AND THAT COUNCIL GO BACK INTO REGULAR SESSION. MOTION CARRIED. Councilman Saul reported on his meeting with the Commissioners of Fire District #25. They are willing to consider further discussions on fire service to the Crestview area if it is annexed to the City. He recommended a Mutual Aid Agreement. Council concurred. 10:39 P.M. MOVED BY PHELPS, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. MAyor City Clerk