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HomeMy WebLinkAbout1980-11-10 Committee of the Whole MinutesNovember 10, 1980 TUKWILA CITY COUNCIL 7:00 P.M. COMMITTEE OF THE WHOLE MEETING CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS APPROVAL OF MINUTES ITEMS 5, 9, 14, 17 of Agenda. PUBLIC HEARING 1981 Community Block Grant Proj. Identifica- tion. M I N U T E S *MOTION CARRIED, AS AMENDED. City Hall Council Chambers Council President Dan Saul called the Tukwila City Council Committee of the Whole Meeting to order. LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, DANIEL J. SAUL (Council President), GARY L. VAN DUSEN. MOVED BY HILL, SECONDED BY HARRIS, THAT THE MINUTES OF THE OCTOBER 27, 1980 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT THE MINUTES BE AMENDED TO CORRECT MOTION CONCERNING BESTWAY MOTOR FREIGHT, PAGE 5, TO READ: "BE ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 10, 1980," AND ALSO THAT THE ACTION OF THE COMMUNITY AFFAIRS COMMITTEE, PAGE 6, SHOW THAT THEY RECOMMEND THE BUDGET FOR 1981 INCLUDE A PROJECTOR FOR THE COUNCIL CHAMBERS. MOTION CARRIED TO AMEND THE MINUTES. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT FOLLOWING THE PUBLIC HEARINGS, ITEMS 5, 9, 14, AND 17 OF THE AGENDA BE CONSIDERED BEFORE THE REST OF THE AGENDA. MOTION CARRIED. Jacob Macias, Grants Coordinator, reported that the City's share of the 1981 Community Development Block Grant Fund is $14,700. The applications for allocation of these funds are due on November 14 to the King County Office of Housing and Community Development. In anticipating this, recommendations were solicited from all City Department Heads, the City Council, and the community for possible projects they would like to see funded. The projects that can be considered are: 1) Senior Center, where improvements are needed such as handicapped accessibility. Combining the remaining 1977 -80 funds, a total of $19,300 still exists to make these improvements. The 1981 Community Development Block Grant funds could be used for further improvements identified as new insulation, heating plant conversion, and repair to the walls. Another possibility is using the funds for the development of a comprehensive improvement plan for the Center. This plan would provide a rational approach for rehabilitation of the Center and would indicate what problems exist, remedies for these and costs involved. 2) Library 1981 block grant funds could be used as a match for a possible $2,500 planning grant from the State Historical Preservation office. Funds could also be allo- cated for the actual rehabilitation of the building. 3) Grant Coordinator Position 1981 block grant funds could be used to defer cost of the CDBG program administration due to expanded duties. This would involve one extra day per week at a yearly cost of $3,100. 4) Interurban Avenue Acquisition 1981 block grant funds could be allocated for property acquisition or other improvements in this corridor. 5) Non allocation we are not required to allocate all or part of 1981 funds at this time and have the option of submitting proposals at a later date. 6) Combinations 1981 block grant funds could be used to partially fund all of the above or fully fund some of the above. Library planning fundings, the Grant Coordinator Position, and some work on the Senior Center could be done or all of the funds could be spent on the Senior Center, or all of the funds spent on the Interurban Avenue land acquisition. There are other funding possibilities that can be considered. City Council President Saul declared the Public Hearing open at 7:10 P.M. Wendy Morgan, 15144 65th South, No. 404, Tukwila, said the Friends of the Tukwila Library group sent a letter to Mr. McFarland listing the improvements they would like to have made to the library. The suggested renovations have been listed in order of priority. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING November 10, 1980 Page 2 PUBLIC HEARING Contd. 1981 Community Block Grant Proj. Identifica- tion_- contd. 0975 Ann Grain, 5105 So. 163rd P1., Tukwila, said she did not realize the Parks and Recreation Building was referred to as the Senior Center. Being a member of the Park Commission, she said she would like to see the improvements made to the Parks and Recreation Center. There is a great need for a handicapped entrance. Dwayne Traynor, 14910 58th South, Tukwila, said he would suggest the program outlined by the Friends of the Tukwila Library. Edgar D. Bauch, 16603 53rd South, Tukwila, said he would like to speak in behalf of the restoration of the old City Hall. His survey of the 1981 budget finds nothing funded for that. He thought the City should go the matching route. There being no further comments, City Council President Saul declared the Public Hearing closed at 7:10 P.M. Councilman Harris said she has always been an advocate of the library. She said she was speaking for the library and the building it houses. It is of historic value; it would be a shame to let it fall by the wayside for want of repairs and restoration. Councilman Bohrer said there were a number of recommendations made at the Committee of the Whole Meeting on October 27, 1980. Some of these projects have not been listed. Jacob Macias, Grants Coordinator, said all of the recommendations were considered and in light of King County and HUD criteria for selection and the compatibility with the goals of the 1981 -83 community development plan. All of the projects were submitted for preliminary examination by a representative from the King County Office of Housing and Community Development who commented on the feasibility of the projects. The project suggested by Police Officer O'Connor would be considered a public service. Councilman Bohrer said a nubmer of things would fall in that category. He said recommendation had been made for lighting in the parks and on the trails such as they have at Foster High School. Jacob Macias, Grants Coordinator, said that recommendation did not fulfil the criteria. John McFarland, Administrative Assistant, said the entrance to the old City Hall and the restrooms need to be remodelled to accommodate the handicapped. There is also the restoration of the cupola, building insulation, conversion of the heating plant to a more efficient system. Councilman Bohrer asked if the funds in the Interurban Corridor could be reallocated? Mr. McFarland said they could be reallocated and funds could be transferred. We could also make application and not allocate the funds at this time. Councilman Bohrer said at one time we had a preliminary plan for the library landscaping. Mr. McFarland said this grant is for the building and not for the grounds. Grants for the grounds would be from the State Historical Society and would be a 50% match grant. Councilman Harris said she was under the impression that some money was allocated last year for the library that was not expended. Mr. McFarland said $10,000 was dedicated for the purchase of shelving in 1980 and that was expended, in fact we spent almost $14,000 alone for shelving. Some money was allocated for rugs. It was not block grant money. He said the City must show some signs of putting the block grant monies to use or they could be recalled by King County for use by other jurisdictions. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING November 10, 1980 Page 3 PUBLIC HEARINGS Contd. 1981 Community Block Grant Proj. Identifica- tion contd. McNamara Condominiums Council President Saul declared the Public Hearing open at request for approval of 7:35 P.M. prel. waiver to construct 54 condominium units on 2.7 acres in McMicken Heights. 9r6 MOVED BY PHELPS, SECONDED BY VAN DUSEN, TO ALLOCATE $3,100 FOR THE GRANT COORDINATOR POSITION AND THE REMAINDER OF THE 1981 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE LIBRARY AND OLD CITY HALL CONSTRUCTION WITH THE OPTION OF REALLOCATING INTERURBAN AVENUE ACQUISITION FUNDS IN THE AMOUNT OF $20,810 TO THE COMMUNITY CENTER AT A LATER DATE. MOTION CARRIED. Mr. William Tsao, representing McNamara Condominiums, said they were requesting a waiver to build a proposed 54 condominium units on 2.7 acres. He said they would like the Council to act on their request at this meeting and approve the waiver. If the Council agrees to grant the waiver then the developer will answer questions that have been raised. If the Council denies the waiver then they are not giving the developer a fair chance. The zoning map indicates this area is being considered a single residential. There is no reason this land should be single family. He said they would like the Council to make a decision now and they will give the proposal at a later date. It is for only 54 units. Dorothy West, audience, said she would like to speak against this project. The McMicken Heights people have one and all said they do not want condominiums there. The roads are not sufficient for increased traffic caused by apartments. How would they get people in and out of there? It would take much of the land to build roads; it is also steep. Mr. McNamara was denied his previous request to put in apartments. He asked for fewer apartments on that request. The comprehensive plan says it is single family, and they want it to be single family. It is not fair to the residents of McMicken Heights to grant this waiver and let them build apartments there. Edgar Bauch, 16603 53rd South, Tukwila, said he was sure the Council realizes this same property was before them about a year ago seeking a waiver so they could build apartments. At that time the request was for 33 units and the Council denied it. One of the reasons for denial was the soil and also the traffic the apartments would cause. There is also the matter of noise from the freeway. The City had to repair 53rd Street because half of the street started to slide down the hill. This was the same land area. It is an unstable area. A soils engineer will tell a developer what he wants to hear. He said he assumed that because of a lawsuit down the street the developer had thought it was time to come in and apply again. Dick Goe, 5112 So. 163rd Place, said it appears that the developer does not want to tell us anything about the project until he gets the waiver. The City has professional planners to plan the development of the City in terms of couu ercial, industrial, and residential areas. This area has been before the Council before and the Council has found the hillside wanting in terms of stability. There is also the problem of traffic if this project is developed. He said he would hate to see the Council take action on this before they see the plan. Robert Crain, 5105 South 163rd Place, Tukwila, said he supported Mr. Goe's comments. The request fails to meet any of the criteria listed in the ordinance. John Barnes, 15828 51st South, said he lives in the area and he has no objections to the condominiums. He said he thought the engineers should decide whether or not the land is suitable for this purpose. The noise as a factor against the apartments has been mentioned. The Council had a noise study made and a professor conducting the survey indicated an area that is subjected to traffic noise is better for apartments than single family residences. He stated he used the roads every day and did not TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING November 10, 1980 Page 4 PUBLIC HEARINGS Contd. c fl) McNamara Condominiums see any traffic, it is better now than it was three years go. request for approval of prel. waiver to construct Ethel Mae Cole, 16030 51st Avenue South, said she has lived 54 cond units on 2.7 in McMicken Heights for 22 years and it has been a nice quiet acres in McMicken Hts. neighborhood. When apartments and condominiums are built it contd. is a different type of people who move in. The hillside is going to slide. It has already slid several times and if we have a wet winter it will slide again. There will be far less traffic and there will be a nicer neighborhood if it is left like it is. RECESS 8:10 8:20 P.M. DISCUSSION Claim for Damages: Robert W. Abbott in the amount of $175.00. Darlene West, audience, said she wondered how early the man leaves his home each day not to encounter any traffic. She said King County has done a soils survey and most of the information on the area can be obtained there. They considered this a dangerous area. Mr. Tsao, representing McNamara Condominiums, said they are willing to do traffic studies if they are given the waiver. He said they would also like to demonstrate whether or not it is a slide area. They would not recommend putting in a development and then have it slide down the hill. They would like the privilege of demonstrating whether or not it is feasible. Perhaps after the plans are developed the project will consist of 20 units. Edgar Bauch, audience, said he would like to rebut the above statement. The Council probably recalls the previous legal problems the City had with the property at 160th and 53rd South when the City Council was in the process of developing the Comprehensive Plan. The basis of the lawsuit was that the property owner had applied for a waiver before action was taken. Any action the Council takes now, other than denial, will set the City up for court action. There being no further comments from the audience, City Council President Saul declared the Public Hearing closed at 8:10 P.M. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING RECESS FOR TEN MINUTES. MOTION CARRIED. The Committee of the Whole Meeting was called back to order by City Council President Saul, with Council Members present as previously listed. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE MCNAMARA CONDOMINIUM REQUEST FOR APPROVAL OF A PRELIMINARY WAIVER TO CONSTRUCT 54 CONDOMINIUM UNITS ON 2.7 ACRES IN MCMICKEN HEIGHTS BE ON THE AGENDA OF THE NOVEMBER 17, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. John McFarland, Administrative Assistant, said a claim for damages had been presented by Police Officer Robert W. Abbott in the amount of $175 to reimburse him for cash stolen from his locker in the Police Department. The actual amount of loss was between $175 and $250. The Council must decide whether or not there was negligence on the part of the City that resulted in the loss. Councilman Hill asked if people using the training room use restroom facilities in the men's and women's locker rooms in the Police Department. Mr. McFarland said you can prohibit people from leaving the training room and going into the police station. They can go out to the foyer and then up to the upper floor where there are rest rooms. The lockers are kept locked at all times. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING November 10, 1980 Page 5 DISCUSSION Contd. Claim for Damages: Robert W. Abbott in the amount of $175 contd. Prop. Ord. increasing rates for metered water amending Ord. #914 Ord. #1144. Officer Abbott said the lock on his locker was not visibly disturbed. There is a master key controlled by one person in the Police Department. He said since he has been involved in the training program he goes to his locker about once a week. During that time there were several breaches of security. On several occasions people were found wandering around in the Police Department. Security was sloppy during a period of time when the Department was without a police chief. There were people who came in the back door rather than the front door and they were able to get in. Security has been tightened since then. Councilman Van Dusen said he would like to have a report from the Acting Police Chief concerning the allegation about the period of time when security was lax. He said he would like to know why and what precautions have been taken. Councilman Johanson said the Police Department has been provided a place to safeguard their personal items. The City has never suggested that valuables be kept in lockers. He said he did not see where the City could be held responsible. Councilman Harris said she agreed with Councilman Johanson's statement. People wander through the main part of the building. Is it usual to keep large sums of money in a locker? The money could have been taken by another police officer. Councilman Bohrer asked when people use the training facilities who opens the locker room? Police Officer Abbott said the door between the training room and the hall is locked. People can go upstairs and use the facilities or go outside and into the main entry where rest rooms are located. The money was taken during a time when the Department did not have a Chief. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE REPORT REQUESTED BY COUNCILMAN VAN DUSEN FROM THE POLICE CHIEF AND THE CLAIM FOR DAMAGES BE ON THE AGENDA OF THE NOVEMBER 17, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Edgar Bauch, audience, stated his home has been robbed twice since he has lived in the City and he has never filed a claim with the City to have them reimburse him for his losses. Ted Uomoto, Public Works Director, said the water /sewer study has been completed by Horton Dennis and Associates. Mr. Martin Penhallegon said they prepared the water rate study by reviewing existing data. Chapter 3 of the report is basically the background and history information that has been compiled. It sets forth the present fees and rates the City has in force. There has not been a rate change since 1975. There has been an ordinance allowing a discount. Since that time inflation has gone up about 12 percent a year, there have been costly labor contracts, overhead, in 1978 there was a leak, and many other expenses have occurred. The population of Tukwila has been stable for the past ten years. Mr. John Duplica, Horton Dennis and Associates, said their concern is whether or not the proposed rates will generate enough to pay for the water. There is a serious need for an adjustment to pay for and maintain an adequate system. The increase in the price of water from Seattle, along with the above mentioned factors, makes it necessary to increase the rates in Tukwila. Councilman Harris noted that two people had been added to the staff. Mr. Duplica said he understood that the two people had been requested in the budget for next year. Councilman Harris and Mr. Duplica discussed the debt service, Councilman Harris stating the money is in the fund for the 1970's and a real picture has not been presented in the report, the debt service has been inflated. Mr. Duplica said he would go over the figures and make corrections if it has been inflated. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING November 10, 1980 Page 6 DISCUSSION Contd. Prop. Ord. increasing rates for metered water amending Ord. #914 Ord. #1144 contd. Prop. Ord. designating the Accounting Clerk I as a bonded City Employee amending Ord. No. 1179. Mr. Penhallegon said the proposed rate increase on a 3/4 inch main would be $4.00 for the basic meter reading and 66 cents per 100 cubic feet of water. Councilman Bohrer asked what rationale was used in 1975 in computing the water rates. Mr. Penhallegon said he did not know. Councilman Hill stated the proposed ordinance says there is a minimum charge of $4.00 without using any water. Councilman Bohrer said with respect to the two people added to the staff, is that the recommendation that Administration has made in the budget? Mr. Penhallegon said it was. Mr. Uomoto said they would like to address that matter during the budget hearings. Mr. Duplica said the amount of personnel is determined by the number of meters per man, residences have smaller pipes, commercial areas have larger pipes. Tukwila has a high ratio of commercial to residential. Tukwila does not have a water storage and a system without storage is susceptible to charges. Councilman Harris stated the water system in Tukwila is not an old system, it is a new system. The industrial section started in 1962 and the 1970 bond issue was to replace the water system in the residential area. Mr. Penhallegon said that was correct. Mayor Todd stated that Referendum 38 and 39 passed at the recent election. They relate to the water and sewer systems. The Council should authorize the City to be in line for some of these funds. Councilman Bohrer said he thought the City should get State help if we have a need for it. Councilman Hill said he thought the need for it was established about 5 years ago. Councilman Bohrer said the ordinance in the package has several problems. He recommended that it be put in the Public Works Committee. MOVED BY HARRIS, SECONDED BY VAN DUSEN, THAT THE PROPOSED ORDINANCE BE PUT IN THE PUBLIC WORKS COMMITTEE. Dwayne Traynor, audience, said he thought the Council should talk to the Finance Director. The City is already $12,000 in the red. It seems like a recommendation should be made. We all know water increased about 6 cents per 100 feet, that is the information that he got from the Water Department. We had a 20% increase in the water meters, that is 10 or 11 cents. Councilman Bohrer said that is an interesting suggestion. The Public Works Committee will take action on the proposed ordinance. They can go ahead and perhaps change the wording in the proposed ordinance or come back to the Council with a new ordin- ance. *MOTION CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT ITEM NO. 4 ON THE AGENDA, PROPOSED ORDINANCE DESIGNATING THE ACCOUNTING CLERK I (TREASURY FUNCTION) AS A BONDED CITY EMPLOYEE AND AMENDING ORDINANCE NO. 1179, BE CONSIDERED AT THE COMMITTEE OF THE WHOLE MEETING ON NOVEMBER 24, 1980. MOTION CARRIED. Final Waiver approval for Mark Caughey, Acting Planning Director, said Ordinance No. 1137 Bestway Truck Terminal required an applicant who has successfully completed the located at the easterly preliminary waiver process to return to the Council and obtain terminus of So. 143rd St. a final waiver before construction of a project begins. The adjacent to Green River. final waiver procedure provides an opportunity for the Council to review the decisions of the environmental official and Planning Commission to be certain that all concerns identified during preliminary waiver analysis have been adequately addressed. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING iovember 10, 1980 Page 7 )ISCUSSION Contd. =inal Waiver approval for The proposed development is a truck terminal with ancillary 3estway Truck Terminal repair shop, office /warehouse, and equipment storage area, located located at the easterly at the easterly terminus of South 143rd Street adjacent to the terminus of S. 143rd St. Green River. adjacent to Green River contd. Councilman Bohrer said in going back to the minutes when this matter was discussed, there was a discussion about the number of trucks that would be operating at night. The number of trucks would be limited. We have had a number of complaints about the trucks that were operating at night and it was a matter of concern to a large number of people who live in that area. We should establish some limit on that and make it a part of the agreement. A representative from Bestway Truck said he thought the moving of trucks at night had been agreed upon at one time. Councilman Harris said she would like to have the number of trucks moving at night stipulated in the final approval. The representative from Bestway Truck said they have 8 to 10 trucks moving at night. Business is down 25% over last year. Councilman Bohrer said he would like to have some wording about the number of trucks at night and use the number that has been given us twelve trucks. The Bestway representative said over the past ten years they have doubled their fleet. They have moved up to ten or twelve trucks a night. He said he doubted they would increase over ten or fourteen trucks in the next ten years. MOVED BY BOHRER, SECONDED BY HARRIS, THAT STAFF AND APPLICANT WORK OUT AN AGREEMENT THAT SAYS BETWEEN THE HOURS OF 6:00 P.M. AND 6 A.M. THE NUMBER OF TRUCKS OPERATING SHALL NOT EXCEED FOURTEEN AND THE FINAL WAIVER APPROVAL BE ON THE AGENDA OF THE NOVEMBER 17, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Councilman Bohrer noted that Mayor Todd had signed the agreement prior to Council approval. Mark Caughey, Acting Planning Director, said Mr. Dahl, Bestway Truck, was asked to sign the agreement. He and Mayor Todd talked to the City Attorney about this and the City Attorney stated the Mayor could sign prior to Council action. City Attorney Larry Hard said he would stand by the decision that he made at that time. Councilman Bohrer said this is a commitment of the City, it does involve land use, such powers are given to the City Council. In the past such agreements have come to the Council for a resolution and approval prior to being signed by the Mayor. City Attorney Hard said he believed the Mayor had the power to sign prior to action by the Council. Councilman Bohrer said this is part of the waiver process. City Attorney Hard said this was just one of several steps in the process. Councilman Bohrer said he thought this agreement should have come to the Council for discussion before it was signed by the Mayor. City Attorney Hard said Bestway Freight had to come back to Council for final approval and if Council did not give final approval the agreement would have been insig- nificant. Mayor Todd said he was signing an agreement and did not mean to by -pass anyone. kuthorization to surplus John McFarland, Administrative Assistant, said the City would ?quipment no longer participate in an auction of municipal equipment with the City ased by City Personnel. of Bellevue on November 15, 1980. The various items listed as surplus by the Departments were discussed. Possibilities of using the equipment in other departments of the City was discussed. Councilman Phelps suggested the Sharp Electronic Calculator could be used in another Department if someone could be trained to operate it. Various Council members suggested that the trucks might be used elsewhere in the City. MOVED BY PHELPS, SECONDED BY VAN DUSEN, THAT THE ITEMS NOT SPECIFICALLY DELETED BE DECLARED SURPLUS AND FORWARDED TO THE CITY OF BELLEVUE FOR SALE. Vo TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING November 10, 1980 Page 8 DISCUSSION Contd. Authorication to surplus equipment no longer used by City Personnel contd. Decision on the street vacation requested by Cros- tick, Patton Magruder. Decision on the Boyd Annexation Petition, property located NW corner of inter- section of S. 170th 43rd Ave. S. Prop. Ord. reclassifying lands from R -1 -12 to R -3 R -4 within City (Wynn Property) and LID #30 Contract Award. c 9) MOVED BY BOHRER, SECONDED BY HARRIS, TO AMEND THE MOTION AND DELETE THE FOUR REMAINING VEHICLES PENDING BUDGET HEARINGS, WHICH WOULD LEAVE THE 1971 STREET SWEEPER TO BE SURPLUSSED AND SOLD BY AUCTION. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Ted Uomoto, Director of Public Works, stated a survey has been made and the utility line is not close to the property. He showed the area to be vacated on a wall map. MOVED BY HILL, SECONDED BY PHELPS, THAT THE STREET VACATION REQUEST BY CROSTICK, PATTON, AND MAGRUDER BE ON THE AGENDA OF THE NOVEMBER 17, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE BOYD ANNEXATION PETITION BE ON THE AGENDA OF THE NOVEMBER 17, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Mark Caughey, Acting Planning Director, stated this ordinance is legal action changing the zoning. The Council is not approving any project, they are not committing themselves to anything, they are just rezoning property. Councilman Van Dusen said there is the problem of LID 30 up there. Mr. Bob Thorpe, R. W. Thorpe and Associates, said they support the LID. Larry Hard, City Attorney, said Item 13 on the agenda (LID #30 Contract Award) goes with this rezone. He said he was trying to proceed to put together LID #30. He prepared the documents for Mr. and Mrs. Wynn to sign; they had a misunderstanding over the rockeries. The other right -of -way we need is that owned by S M Investment. They are asking the City to provide some assurance as to what the City will do with it. About one month ago he said he submitted a memorandum on the S M street vacation. He said he thought the City should consider vacating that portion of the right -of -way. He said he thought their request is reasonable. It seems we are past the time that we can construct this season. It will probably be necessary to go into next spring. Councilman Van Dusen said the matter was discussed at the Public Works Committee meeting several months ago and he thought all of the problems were worked out. This street vacation was never brought up. City Attorney Hard said after the meeting, when everyone thought we were going to proceed, S M Investments went to the City with their building permit application. They did not add any buildings, they did not move any buildings, they simply submitted it, they just said they would like to process it, the moratorium had been lifted. They were told by City staff that there was a slope factor, maybe also a fire flow problem. They had to reconfigure their proposal for so many units in order to meet the fire code requirements. They have redesigned their building. The City said because of the way it is situated now they need to have the vacated portion of the street. At the time he came in the first time he thought his building application he had before the City was going to be processed. It turned out that when the moratorium was lifted the requirements had changed, the fire code requirements had changed. That made it necessary for him to redesign his TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING November 10, 1980 Page 9 DISCUSSION Contd. Prop. Ord. reclassifying lands from R -1 -12 to R -3 R -4 within City (Wynn Property) and LID #30 Contract Award contd. Prop. Ord. releasing certain properties from provisions of use development agreement No. 6557692 dtd. 21 June 1969. Prop.Res. approving agreement w /Wash. State Dept. of Transp. to provide street improvements on So. 180th at Andover Pk. E. Southcenter Pkway. from I -5 off ramp to Strander Blvd. auth- orizing Mayor to execute necessary docu- ments. Request for waivers to construct sidewalks along Interurban Ave. W. Valley Hwy. Budget Transfer Motion Funding for completion of engineering costs associated w/1978 Str. Improvement Project. and Budget Transfer Motion for additional funding for special instructors classroom materials. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE ON THE AGENDA OF THE NOVEMBER 17, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. his buildings. When he did that this acquisition of land became an issue. He said he was saying if we could somehow say here is a property owner who is asked to vacatethis street that we see no foreseeable use for in the future, it is a very narrow strip, it is only two feet wide by 100 feet, it is not a piece of land that will be susceptible for use by the City at any time in the future. Let us proceed to get it vacated. He said he asked Mr. Caughey if he would recommend vacation and he said he would. Then for some reason the whole project got mired down. Councilman Van Dusen said the street vacation was discussed in the Committee meeting but it was discussed by Graydon Smith. He also stated in there that if it was needed for a fire lane, that might be possible, but it should be vacated. We told him to make a request for the vacation. Mr. Hard said it is related to the fire code problems, it is not to build new units. Council President Saul said they should reduce their buildings and not hold the vacation of the land over the head of the City. Mayor Todd said the redesign was to get around the fire flow requirements. He said he felt a persons problem was a problem of the City. Councilman Phelps said it is in the best interests of the City to puruse the LID. The City should accept a petition for street vacation. MOVED BY HARRIS, SECONDED BY HILL, THAT THE STREET VACATION BE ON THE AGENDA OF THE NOVEMBER 24, 1980 COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE ON THE AGENDA OF THE NOVEMBER 24, 1980 COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. MOVED BY JOHANSON, SECONDED BY PHELPS, THAT THE REQUEST FOR WAIVERS BE ON THE AGENDA OF THE NOVEMBER 24, 1980 COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE PROPOSED BUDGET TRANSFER MOTIONS BE ON THE AGENDA OF THE NOVEMBER 17, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING November 10, 1980 Page 10 DISCUSSION Contd. Guidelines for reviewing the 1981 Budget proposals. Letter from Hometel Corp. re parking area at 14800 Interurban Ave. So. ADJOURNMENT 11:15 P.M. The budget hearings will commence Wednesday, November 12, at 7:30 p.m. The hearings will last 2 hours on the dates scheduled for the hearings. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE LETTER FROM HOMETEL CORPORATION CONCERNING THE PARKING AREA AT 14800 INTERURBAN AVENUE SOUTH BE PUT IN THE PUBLIC WORKS COMMITTEE. Larry Hard, City Attorney, said he had read the letter and he thinks there are some things that are not truthful about it. He said he had been to a meetingin September on the matter and has written letters to the other attorneys. He said he had taken offense at the letter. He said there are two surveys and they are different. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY,PHELPS, THAT THE COMMITTEE OF THE WHOLE MEETING ADJOURN. MOTION CARRIED. Dan Saul, City Council President Norma Booher, Recording Secretary