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HomeMy WebLinkAbout1980-06-16 Regular MinutesJune 16, 1980 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL BID OPENINGS AND AWARDS Bid Award: 57th So. So. 147th St. Improvement Project 7:10 P.M. 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. MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, DANIEL J. SAUL, Council President, GARY L. VAN DUSEN. MOVED BY SAUL, SECONDED BY HARRIS, THAT COUNCILMAN BOHRER BE EXCUSED FROM THE MEETING. MOTION CARRIED. CARL J. CARLSON, Deputy City Attorney; TED UOMOTO, Public Works Director; PHIL FRASER, Senior Engineer; MAXINE ANDERSON, City Clerk. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE MINUTES OF THE REGULAR MEETING OF JUNE 2, 1980, BE APPROVED AS PUBLISHED. MOTION CARRIED. VOUCHER APPROVAL Mayor Todd noted that the vouchers include one to Golf Man agment in the amount of $16,858.75 that was written today. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Fund Vouchers #6763 Current Fund 6763 -6882 Golf Crse. Spec. Rev. 6937 -6938 Street Fund 6883 -6897 Federal Shared Rev. 6898 -6902 City Hall LTD. G.O. 6903 Water Fund 6904 -6918 Sewer Fund 6919 -6931 Firemen's Pension 6840,6932 -6934 L. I. Guarantee 6935 Unemployment Comp. 6936- Councilman Bohrer arrived at the meeting. #6938 86,883.22 16,858.75 2,638.75 13,931.69 27,833.80 9,146.27 23,247.35 218.50 183.31 1,805.42 $182,747.06 Tukwila City Hall Council Chambers Ted Uomoto, Public Works Director, explained that they have been verifying the survey alignment and have come to the conclusion that the center line of the road needs to be relocated at the south end of 57th Avenue. It needs to be moved westerly about 7 feet.' The engineer has met with the property owners to discuss this realignment and how it will affect their property. They don't foresee any problems. Horton Dennis and Associates did the new survey. Councilman Van Dusen asked if there were any major changes made to the previous commitments made to the citizens. Phil Fraser, Senior Engineer said that the sidewalk will be located on the east side of the street. Councilman Van Dusen expressed concern to be sure the City has discussed changes with everyone. Mr. Uomoto said they are meeting with the citizens on Thursday night at 7:30 P.M. Councilman Saul asked who the low bidder was. Mr. Uomoto said the contract was bid on Schedule I and Schedule II. On Schedule I, the 100 day contract, Gary Merlino Construction was the low bidder at $217,221. On Schedule II, the 80 day contract, Valley Cement Construction was the low bidder at $224,983. Mr. Uornoto noted that the Committee of the Whole recommended that Schedule I, 100 day contract, be selected. TUKWILA CITY COUNCIL, REGULAR MEETING June 16, 1980 Page 2 BID OPENINGS AND AWARDS Cont. Bid Award: 57th So. So. 147th St. Improvement Project (cont.) Bid Award: Signal Controller Cabinet Signal Poles Mast Arms PUBLIC HEARINGS Six Year Trans protation Improve- ment Program, 1981 1986 Mr. Uomoto said his opinion is that the 80 day contract would be desirable to preclude the possibility of going into wet weather construction and also shorten the down time of the street for the citizens. Should the contract need to be ex- tended, it could still be accomplished during the favorable weather season. Councilman Johanson noted the difference in the bids is around $7,000. Council should give consideration to the 20 day difference in the schedule. During the last street project the City was hit very hard due to severe weather conditions. MOVED BY JOHANSON, SECONDED BY HILL, THAT COUNCIL ACCEPT THE BID OF VALLEY CEMENT CONSTRUCTION ON THE 80 DAY SCHEDULE.* Councilman Bohrer asked if there is a penalty clause in the contract. Mr. Uomoto said there is a fixed price between $140 and $160 a day. Councilman Bohrer asked how much is budgeted for this project and was told $260,000 Mr. Uomoto noted there was an Alternate A and an Alternate B. Alternate A is the asphalt treated base -vs- Alternate B, the crushed rock base. It was the consensus to have Alternate A which is the asphalt treated base because this would provide a better construction surface and there would be no increase in cost. Councilman Harris asked about the 7 foot difference in two sur- veys. Mr. Uomoto explained that the difference of 7 feet is in the location of the center line. The present street is within the total right -of -way. Mr. Ed Bauch, audience, offered that the 7 foot correction to the west would be of benefit to the City and everybody involved. Mr. Uomoto said Horton Dennis has done considerable research on their survey. ROLL CALL VOTE: BOHRER NO HARRIS YES HILL YES JOHANSON YES PHELPS YES SAUL NO VAN DUSEN NO *MOTION CARRIED; 4 YES, 3 NO. MOVED BY SAUL, SECONDED BY PHELPS, THAT COUNCIL ACCEPT THE RECOMMENDATIONS OF WES JORGENSON AND ACCEPT THE BID FROM ECONOLITE CONTROL PRODUCTS FOR THE SIGNAL CONTROLLER AND CABINET IN THE AMOUNT OF $9,861.00 AND ACCEPT THE BID FROM AMERON POLE PRODUCTS FOR THE SIGNAL POLES AND MAST ARMS IN THE AMOUNT OF $6,418.03. MOTION CARRIED. Mr. Uomoto explained that the comments from past meetings have been incorporated in the Six Year Transportation Improvement Program. This is the 1981 -1986 submittal required by State law. The plan is listed by category for easier review of the priorities. They have met with other Public Works Directors to discuss joint regional problems in South King County. One of the regional problems that has been identified is the link to I -405. MAYOR TODD DECLARED THE PUBLIC HEARING OPEN. TUKWILA CITY COUNCIL, REGULAR MEETING June 16, 1980 Page 3 PUBLIC HEARINGS Cont. Six Year Trans- portation Improve- ment Program, 1981- 1986 CITIZEN'S COMMENTS Status on lawsuit concerning property at South 160th 53rd South Park Place Dev. c2 Mr. Ed Bauch, 16603 53rd Ave. So., said he compared the Six Year Plan with those of the past two years. When you start adding up the figures, they get into very high numbers. He expressed concern about the balance between the residential program and the commercial program. He is afraid all of the available money will be used on the commercial program and the residential part will suffer. This program started in 1972 and still no streets on the west side of the freeway have been touched. The undergrounding has been completed but not the streets. The residential portion keeps sliding back; it never gets into the first year. He recommended that if the City continues to get matching funds, the people who benefit from the streets be made to pay for them and that Council institute a B 0 Tax ear- marked for the City's share of the street improvements in the Commercial area. Mrs. Jan Wiesner, Tukwila Chamber of Commerce, commented that Tukwila is to be commended for having taken such early action in developing a good street program. If funds do become avail- able Tukwila should be in good shape to get assistance for funding. THERE BEING NO FURTHER COMMENTS, MAYOR TODD CLOSED THE PUBLIC HEARING. I:t was noted that a resolution appearing later on the agenda is to adopt the Transportation Program. Mr. Bauch asked the status of the lawsuit concerning the development of a piece of property at South 160th and 53rd Avenue South. Mayor Todd said that his latest information from the City Attorney was a copy of a letter inquiring if the finding of facts had been sub- mitted to the Court. Mr. Carl Bergstrom, audience, thanked Council for the revision of the walkway and signals on Southcenter Boulevard at the S -line Bridge. He asked when the newly installed light on Interurban Avenue at 58th Avenue South would be energized. Mayor Todd said the flashing caution light will be activated one week from today and fully operative on the last day of the month. Councilman Bohrer asked what is going on on the north end of the Park Place Development. Last week there was a letter on the agenda from Park Place requesting permission to change the location of the fire lane. The ordinance that zoned the property was a contract zone that set a plat for the property without the fire lane in that location so he is in violation of the ordinance. Mayor Todd said the ordinance required him to build a fire lane and this is what he is doing. Councilman Hill explained that the original location would be such a steep grade it would require a twenty foot rockery. This is why they have requested the change of location. The grade is less. There will still be a strip in between the fire lane and the R -1 property that will be landscaped. This will be discussed further by the Public Works Committee on Wednesday. Councilman Bohrer said he understood that, as of 4:30 P.M., no fill permit had been issued. The justification the applicant gave for the change in the fire lane is self conflicting and totally inconsistent. Since a fill permit does not exist and he is violating the conditions of the contract rezone, he is doubly in violation of city statutes. Councilman Bohrer: layor Todd: Councilman Bohrer: 4ayor Todd: Councilman Bohrer: Councilman Hill: layor Todd: V E R B A T I M T R A N S C R I P T Portion of City of Tukwila Regular Meeting Minutes dated June 16, 1980, regarding Park Place Development. I have a question I'd like to ask. I note that at the north end of the Park Place Project there's apparently some construction going on there, and from the Committee of the Whole Meeting that I missed last week, there was an item on the agenda saying that the developer at Park Place was requesting that he be granted the permission to build a fire lane at about that neighborhood. My question is what's going on. He's building a fire lane. He's doing _just that, he's building the fire lane required in the ordinance to zone the property- -that zoned the property. The ordinance that zoned the property was a contract zone which set a plat for that particular piece of property without the fire lane in that location, so he's in violation of the ordinance. Oh, you know more about it than I do I guess. I was under the impression that he was required to provide a fire lane and that's what he was doing -under the ordinance. The ordinance also set the location for it, and that's not the location. Except that they came back to the Council and asked us if we would look, and well, Mark isn't here; but, that was such a steep grade at the point of where it was located that they didn't feel they could meet the grade requirements without making a cut that would require probably a 20 foot rockery; so, that's why they came back to Mark asking him if they could put it where it is now located. The grade is less. There will still be a strip in between the fire lane and the R -1 property which will be landscaped, and this came -well, it'll be on the Public Works next week or this Wednesday because we didn't have the information that we needed last week. Councilman Van Dusen: The point is they've already done it. If I may, as I understand their conditional permit, they also have a permit to fill the low area south of the corner, and that appears to be also what they're doing as part of the plat project, they have to fill it before they can put their streets and utilities in. Councilman Bohrer: I understood that as of 4:30 this afternoon,that no fill permit had been issued. layor Todd: Well, they got their fill permit when they got their zoning as far as I know. That was a condition upon which the zoning was granted that they produce a plat of six residential lots there, and certainly they couldn't put a street through the swamp; they had to fill it. Councilman Bohrer: There was a part of it that was going to be saved, and I under- stand that, again, that's the only piece of the site I believe that has to be filled, and I understand that no fill permit has been issued. Mayor Todd: I didn't know that there was one required, and I still don't know that there is. I do know this, as I see it, as a builder that if they are forced to perfect that six lot plat, there won't be many trees left on that site because they just have to move everything in order to get six lots in there and the utilities due to the terrain and the topography. Councilman Van Dusen: That isn't what they told us, though, when they applied. layor Todd: Well, the facts, I think, are just as I stated earlier. VERBATIM TRANSCRIPT regular Minutes, 6/16/80 Park Place Development Sage 2 :ouncilman Bohrer: Mayor Todd: :ouncilman Bohrer: layor Todd: :ouncilman Bohrer: Mayor Todd: :ouncilman Bohrer: :ouncilman Saul: layor Todd: :ouncilman Bohrer: Mayor Todd: :ouncilman Bohrer: Mayor Todd: Mr. Todd I read very carefully the statements that the applicant put into the package that the Council received last Monday night for the justification for that change, and they don't hold water. They are self conflicting, totally inconsistent, his justification for what he does does not make any sense. Well, have you granted him the waiver? I do not have that power. Have you granted him the waiver? No, I haven't. I don't have that power either. Then, since a building permit or a fill permit doesn't exist, I say that he is doubly in violation of City statutes. He's operating without a fill permit, and he's violating the conditions of our contract rezone. That's a possibility. The only thing I can do to satisfy you, Mr. Bohrer, is tell you that I'll look into it tomorrow morning. We certainly can't do anything about it now. I would ask for a little further action. I would move that the City issue a stop work order on this portion of the site until we have had a chance to review it at the Council level, and I so move. Second. Be my guest. I think there's been considerable study on this situation that you don't know about, Mr. Bohrer, and I think that any effort on your part to put a red tag on that project without some pretty clear cut justification is placing the City in jeopardy. It's not to our advantage- Mr. Todd, I am trying to protect the City from the jeopardy I feel that's it already in. Make your motion, or finish the discussion and we'll get it over with. My motion is on the floor, and if there is a fill permit, I think one is required, I'm not aware of it, and I asked the Building Dept. this afternoon. The terms of the contract rezone which is what I view that we had there said that the fire lane would not go up the north boundary of that particular property, but would go along the road. I would note that in his submission to the Council last Monday night that the applicant says that he is not eager to do any more grading because of his bad experience with rocks on the remainder of the site. I would note that in grading this fire lane he has already graded over a period that is three times as long as the piece that he would have graded had he not put in this particular fire lane. The old part came off of the center of the street that he was using in the, for access to the single family area so it was a very short lane. He speaks about rockeries. I would notice that the contour that he's driving over is essentially going directly up. He talks about rockeries of 20 feet in height to support the sides of that. I don't understand, I guess, that reference to how he's going to support the side of a hillside when he's going directly up the hill perpendicular to the gradient. Those are the questions, and as I say my view is -and if there is a fill permit, the Building Department who should issue it is un- aware of it -that he's doubly in violation of our statutes. The rezone that we granted him was a contract rezone that had a pre- liminary plat that showed the location of all the streets there, was very carefully worked out in detail with him, and he has now violated that. It's a possibility, I don't know. VERBATIM TRANSCRIPT regular Minutes, 6/16/80 Park Place Development Page 3 Councilman Bohrer: Mayor Todd: Councilman Bohrer: Mayor Todd: Councilman Saul: Question. Councilman Harris: Mayor Todd: Those are my reasons for asking that we stop this action now and then review it. Why didn't you come to me this afternoon since you had this information rather than coming to the Council Meeting apparently in an effort not to stop the project today, but to embarrass me and let me stop it tomorrow? I don't understand what you're all about, Mr. Bohrer. Mr. Todd, I arrived in town this afternoon at my home at 2:00 in the afternoon. The information that I received I got at 4:00; the phone call I made to the Building Department was at 4:30. I'm afraid that I did not have time to project my own course of action. Call for a question on the motion. Mayor Todd: Having been called, all in favor of the motion to direct the Building Department to issue a stop work order on the condo- minium project, at least the excavation part of it -is that your motion? Councilman Bohrer: The portion of the grading that relates to the single family zoned area at the northeast corner of that site. Mayor Todd: All in favor of the motion signify by saying "Aye." (Positive Response by Council Members) Mayor Todd: Opposed. The "Ayes" have it and the motion carries. Councilman Hill: Your Honor, I have a question. Mr. Pieper has the power, if there is not a grading permit, to stop that without us. Mayor Todd: That's certainly the truth. Councilman Hill: That's why I'm wondering why it is necessary for us to tell him since the Public Works Committee is going to meet on this Wed- nesday and investigate it, is this- Councilman Van Dusen: Mr. Pieper's interpretation is that they are not in violation. Mayor Todd: That's precisely my point. If he thinks they're not in violation and he's the Building Official, I question anybody's power to direct him to do something to the contrary. Councilman Bohrer: Has Mr. Pieper considered the issue of contract rezone? Mayor Todd: I don't know. This is the first I've heard about any problem. Councilman Van Dusen: Maybe we don't have the power to direct anybody, but, you know, we can certainly make strong suggestions. Mayor Todd: It'll be discussed with Mr. Pieper tomorrow. This is right next to present single family, and I think we should take a very close look at it and make sure that the neighbors around there are not hurt. Well, Mrs. Sipes called me about this very thing the other day, and it was my complete understanding that what they were doing was preparing the six lot plat and preparing a fire lane access as required in the ordinance, and that's as much as I know about it and that's what I told you Mrs. Sipes, is that right? All right, are we finished with 7? VERBATIM TRANSCRIPT Regular Minutes, 6/16/80 Park Place Development Page 4 Councilman Saul: The only thing is, are they saving the trees like they said? Mayor Todd: I don't know what they told you about saving trees, but how they can create a six lot residential plat there in any sem- blance of buildable order and put in a street and utilities without doing some extensive earth moving is beyond me. Councilman Van Dusen: The problem is that isn't what they told us when they came to get zoning. Mayor Todd: Well, I wasn't aware of, privy to what they told you. Councilman Harris: Well, I do think that the trees that are being taken out will be replaced. I spoke to the gentleman who's on the landscaping committee for them, and they said that the ones that were taken out will have to be replaced. Councilman Van Dusen: Yeah, but that isn't what they told us, and I guess I'm just a little peeved about the first class development they promised us and how they were going to do all the things they could in the interest of what we wanted to do so they could get their rezone. I'm a little skeptical at this point. TUKWILA CITY COUNCIL, REGULAR MEETING June 16, 1980 Page 4 CITIZEN'S COMMENTS Cont. Park Place Dev. Mayor Todd offered to look into this matter. (cont.) Budget Transfer Motion No. 80 -18: To Cover Change Orders 23 24 MOVED BY BOHRER, SECONDED BY SAUL, THAT THE CITY ISSUE A STOP WORK ORDER ON THIS PORTION OF THE SITE UNTIL WE HAVE HAD A CHANCE TO REVIEW IT AT THE COUNCIL LEVEL.* Mayor Todd said he felt there has been considerable study on this situation. Placing a red tag on this project could place the City in jeopardy. Councilman Bohrer said, if there is a fill permit, and I believe one is required, I am not aware of it. I.asked the Bldq. Dept. this afternoon. The terms of the contract rezone said the fire lane would not go up the north boundary of the property, but would go along the road. The applicant says that from experience on Phase I with rock problems they do not wish to make any excavation cuts that are not necessary. In grading this fire lane, he has graded over an area three times as long as what he first proposed. The rezone that was granted was a contract rezone. It had a pre- liminary plat that showed the streets; it was very carefully worked out. He has now violated that. *MOTION CARRIED. Councilman Hill said the Building Official has the power to stop the construction if there is no grading permit. Why is it necessary for the City to tell him. Public Works Committee will review this on Wednesday. Councilman Van Dusen offered that the Building Official's interpretation is that they are not in violation. Councilman Harris said this is next to a single family area and we want to be sure the neighbors are not hurt. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Change Order #23 MOVED BY SAUL, SECONDED BY HILL, THAT CHANGE ORDERS #23 AND #24 #24: Contract BE APPROVED AS PRESENTED.* 79-0381 LID #29 Change Orders #23 (Contract 79 -03) and #24 (LID #29) are to provide sodding due to grade changes and replace damaged curbs and gutters caused by use of driveways prior to adequate cure time. Councilman Phelps asked if there are any additional change orders to be considered. Mr. Fraser said no, this completes the final inspection list. Change Orders 19 through 22 reflect reductions in the contract. ROLL CALL VOTE: BOHRER NO HARRIS NO HILL YES JOHANSON YES PHELPS YES SAUL YES VAN DUSEN NO *MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT BUDGET TRANSFER MOTION 80 -18 BE ACCEPTED.* This Budget Transfer Motion is to provide the funding required by Change Orders #23 and #24. *MOTION CARRIED WITH BOHRER AND HARRIS VOTING NO. TUKWILA CITY COUNCIL, REGULAR MEETING June 16, 1980 Page 5 ORDINANCES Ordinance #1168 Vacating that portion of 44th P1. So. located between So. 134th Primary State Highway No. 1 RESOLUTIONS Resolution #740 Adopting a revised and extended Comp- rehensive Trans- portation Program Resolution #741 Adopting a Trans- portation Study (Entranco) MOVED BY SAUL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read an ordinance of the City of Tukwila vacating that portion of 44th Place South generally located between South 134th Street and Primary State Highway #1. MOVED BY SAUL, SECONDED BY PHELPS, THAT ORDINANCE NO. 1168 BE ADOPTED AS READ.* Councilman Van Dusen asked if all the necessary documents had been received and was told they had. Councilman Hill commented that there is a big "FOR SALE" sign on the property. He wondered if they are going to develop it or sell it. *MOTION CARRIED WITH BOHRER VOTING NO. MOVED BY SAUL, SECONDED BY HARRIS, THAT RESOLUTION NO. 740 BE ADOPTED AS READ.* MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read a resolution adopting a revised and extended comprehensive transportation program in accordance with RCW 35.77 and RCW 36.81. Councilman Bohrer said he has a problem with several of the descriptions of the projects that are incomplete. He cited both Items #1 and #2. Further, numbers 32 through 35 read a plan to widen the streets in the industrial area. That proposal will destroy much of the character the City has tried to accomplish through landscaping. The street widening will come out of this area. He said he noted that the 1980 portion calls for a large amount of money. There is about two million dollars for the residential area. The bulk of this would come from City financing and I don't believe the City has that much to put into it. There is a question whether the prioritization in the request for funding is realistic. He said he has no problem with the projects that were selected number one in each category. He said it is in- appropriate to call certain projects "Chartwell Impact Projects." The list is incomplete and the projects have far more general applicability to the Industrial /Commercial area than just Chartwell. Councilman Hill said the Public Works Committee worked on this a number of different times. There aren't many projects in the residential area. The main reason is that all of this will have to be funded by the City. There are no funding sources available at this time. We were trying to stretch the money as far as it would go and still do the most for the City. *MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read a resolution of the City of Tukwila, Wash., adopting a Transportation Study. MOVED BY SAUL, SECONDED BY HILL, THAT RESOLUTION NO. 741 BE ADOPTED AS READ.* TUKWILA CITY COUNCIL, REGULAR MEETING June 16, 1980 Page 6 RESOLUTIONS Cont. Resolution #741 Adopting a Trans- portation Study (Entranco) (cont.) RECESS 8:20 P.M.- 8:25 P.M. Resolution #742 Authorizing the Mayor to execute an agreement with Nutrition Projects for the Elderly for Meals on Wheels Program *MOTION CARRIED. Deputy City Attorney Carlson read a resolution of the City of Tukwila, Wash., authorizing the Mayor to execute an agreement with Nutrition Projects for the Elderly to continue the Meals on Wheels Program. Councilman Bohrer said he has some semantic problems here. The plan is largely directed toward short term problems and their solutions. It does not address long term problems. He made the following suggestions for amendments to the resolution. (1) The last two words in "Transportation Improvement Plan" be deleted and replaced by the word "Study." (2) In the third line the word "Comprehensive" be deleted. (3) The second whereas be reworded to read: WHEREAS, the objective of the City of Tukwila Transportation Study was to identify existing traffic deficiencies, propose solutions for short term needs, identify long term needs and provide concepts for solutions and provide guidance for accommodating future traffic and travel needs. (4) First line of the resolve section to read: The Transportation Study entitled "Transportation Improvement Plan." (5) In the second line strike "and approved." (6) In the third line strike "by" and substitute "for" reference and after reference insert "in future trans- portation planning." The purpose of these changes is to adopt the document by ref- erence, but not to give it the approval that it says. The changes will still allow the City to proceed with an adopted document but not with one with the implication that it addresses all the City's needs. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PRECEDING CHANGES BE ADOPTED AS AN AMENDMENT TO THE PROPOSED RESOLUTION. MOTION CARRIED WITH HILL VOTING NO. Councilman Hill asked if the City does not have a Transportation Improvement Plan what does it do for grant requests. Mr. Uomoto said as long as we adopt the report, it will still have the same usefulness. Mr. Pat McCullough, Vice President of Entranco Engineers, said his expertise is grantsmanship and helping clients obtain grants. The City of Tukwila, through their forethought and planning is in an excellent position to obtain grant funds. He said he didn't think it made any difference whether you call it a comprehensive transportation plan or a transportation study. The people who approve these types of grants are interested in the fact that the City has taken the time to prepare the documents and have done the study necessary to evaluate the total problem. Mr. Chris Crumbaugh commented that in the study the estimates given on future developments are low in certain areas. He said he felt it was a very good study. Mayor Todd declared a 5 minute recess. Mayor Todd called the regular meeting of the Tukwila City Council back to order with members present as previously reported. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING June 16, 1980 Page 7 RESOLUTIONS Cont. Resolution #742 (cont.) Resolution #743 Authorizing the Mayor to enter into an agreement with Port of Seattle for electrical power Resolution #744 Intent to vacate a portion of property on the north side of So. 154th Street MOVED BY SAUL, SECONDED BY HARRIS, THAT RESOLUTION NO. 742 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read a resolution of the City of Tukwila, Wash., authorizing the Mayor to enter into an agreement with the Port of Seattle for provision of electrical power to be used in transmitting traveler's information from a transmitter /antenna to be located at the junction of I -5 and 405. MOVED BY SAUL, SECONDED BY HILL, THAT RESOLUTION NO. 743 BE ADOPTED AS READ.* Mayor Todd explained that this is the logical place for the transmitter so the most people can hear the signal. The Port is proposing to pay the electric bill. *MOTION CARRIED. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read a resolution of the City of Tukwila, Wash., stating their intent to vacate a portion of property on the north side of south 154th Street at such time as certain actions are complied with. MOVED BY SAUL, SECONDED BY HARRIS, THAT RESOLUTION NO. 744 BE ADOPTED AS READ.* Councilman Bohrer noted a City policy that said property will not be vacated but will be retained for future use. There could be a time in the future when the City would want to widen this street or provide a turning lane at this location. The plan proposed earlier does not provide for a bikeway and, this is the only avenue for an east /west connection. Councilman Hill said he has expressed the same opinion. Mr. Uomoto said that the Public Works Department has reviewed this vacation request. They find that there are no plans that require this additional strip. They also checked with the State and they have no future plans for its use. The City will still have an 80 foot right -of -way. Councilman Hill reminded Council that the City has just widened a portion of Southcenter Parkway and 10 years ago there was no plan for this. We shouldn't vacate this, it isn't costing us anything to keep it. Councilman Harris said this property is not very long and we will still have 80 feet left. I can't see hanging on to this property and having to maintain it. Councilman Johanson commented he agrees on keeping excess right of -way but in this particular case, there is no industrial or high rise development proposed for the north side of Southcenter Blvd. He said he can't see a great deal of building going on there to require widening the road more than the 80 feet. ROLL CALL VOTE: BOHRER NO. HARRIS YES HILL NO JOHANSON YES PHELPS YES SAUL YES VAN DUSEN YES *MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING June 16, 1980 Page 8 RESOLUTIONS Cont. Resolution #745 Accepting a petition to annex certain property and fixing the time for a public hearing MOVED BY SAUL, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read a resolution of the City of Tukwila, Wash., accepting a petition to annex to the City certain property within the Tukwila Planning area and fixing a time and place for a public hearing on the subject petition. MOVED BY SAUL, SECONDED BY JOHANSON, TO ADOPT RESOLUTION NO. 745 AS READ.* Councilman Bohrer reminded Council that once this resolution is passed they no longer have control of the annexation. Councilman Van Dusen questioned the negative way the resolution is written. They are usually written in a positive manner. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE 2ND AND 3RD WHEREASES BE DELETED. Councilman Bohrer noted that WHEREASES are merely a statement of fact. Mayor Todd noted the 3rd WHEREAS and said it is loaded with information. If this annexation conflicts with State Law, we should all know about it. *MOTION CARRIED WITH HARRIS AND PHELPS VOTING NO. Councilman Bohrer asked for a clarification on the motion and was told that WHEREAS NO. 2 AND NO. 3 had been deleted from the resolution. MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCIL RECONSIDER THE MOTION TO AMEND THE RESOLUTION. ROLL CALL VOTE: HILL YES VAN DUSEN YES SAUL YES BOHRER NO HARRIS NO JOHANSON YES PHELPS NO *MOTION CARRIED: 4 YES; 3 NO. Councilman Van Dusen said he feels we should take the people who want to come into the City and not try to get those that do not. I realize the Committee was thinking we should take the whole block. Councilman Bohrer noted that the Committee's concern was that the boundaries are difficult to define clearly. Councilman Harris said it is poor policy to have City boundaries running through people's yards. Councilman Johanson said he sees no problem with the boundaries. If the people think enough of us to apply for annexation, I am willing to accept it. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THIS ITEM BE TABLED TO THE JUNE 23RD MEETING. ROLL CALL VOTE: BOHRER YES HARRIS YES HILL NO JOHANSON NO PHELPS YES SAUL NO VAN DUSEN NO *MOTION FAILED: 4 NO; 3 YES. TUKWILA CITY COUNCIL, REGULAR MEETING June 16, 1980 Page 9 RESOLUTIONS Cont. Resolution #745- ROLL CALL VOTE TO ADOPT RESOLUTION AS AMENDED: Accepting a HILL YES petition to annex VAN DUSEN YES certain property SAUL YES and fixing the time BOHRER NO for a public HARRIS NO hearing JOHANSON YES PHELPS NO tesolution #746 \uthorizing the layor to execute to easement with 'uget Power EPARTMENT REPORTS ayor's Report 1nance 4LENDAR REVIEW iblic Works Com. )mmunity Affairs leading of Ordi- lances Resolu- tions )11 Call *MOTION CARRIED: 4 YES; 3 NO. MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read a resolution of the City of Tukwila, Wash., authorizing the Mayor to execute an easement with Puget Power. MOVED BY SAUL, SECONDED BY HILL, THAT RESOLUTION NO. 746 BE ADOPTED AS READ.* Mayor Todd explained that this is the power source for the new irrigation system at Foster Golf Links. *MOTION CARRIED. Mayor Todd reported that the new signal light at the intersection of 58th Avenue South and Interurban Avenue will be in full operation on June 30. Also, the fire hydrant has been installed in the River's Bend area, east of the 56th Avenue Bridge site. Mayor Todd read the investment report submitted by Shirley Kristofferson, Acting Finance Director. For the month of May, 1980, interest income amounted to $40,607.84 in the following activity: Investments Sold $4,253,000 Investments Purchased $4,046,000 ISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Ed Bauch, audience, said he would be unable to attend the public hearing on July 7 for the proposed annexation. He said he favored the annexation; it is good for the City. This is an annexation by petition with 100% of the signatures, so it will never go to the Boundary Review Board. They do not have jurisdiction. Councilman Johanson noted Public Works Committee will meet Wednesday at 4:30. Councilman Harris said two members of the Community Affairs Com. would not be in town this week for the meeting. Councilman Van Dusen suggested that, to save time, the Mayor could direct the City Attorney to read the ordinance or resolution by title rather than having it done by motion. This will be checked into. Councilman Van Dusen said he thought that roll call was always by seniority. The City Clerk noted that several years ago Council passed a motion to have the roll called in alphabetical order. TUKWILA CITY COUNCIL, REGULAR MEETING June 16, 1980 Page 10 CALENDAR REVIEW Cont. Police Dept. Evaluation 4DJOURNMENT Mayor Todd asked Council the status of the Police Department audit. Councilman Hill said that the Committee intends to bring the discussion back to the Committee of the Whole. 9:18 P.M. MOVED BY SAUL, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. Mayor KZ„/„„7,„--c___ y erk c,2F/e