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HomeMy WebLinkAbout1980-11-24 Committee of the Whole MinutesNovember 24, 1980 7:20 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS APPROVAL OF MINUTES DISCUSSION Waiver request, W. McAllister to con- struct 58 unit Condo. east of Tukwila Park Proposed Ordinance Increasing the rates for metered water TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE M I N U T E S Tukwila City Hall Council Chambers Councilman Van Dusen called the Tukwila City Council, Committee of the Whole Meeting to order in the absence of Council President Saul. LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, GARY L. VAN DUSEN. MOVED BY HI LL, SECONDED BY JOHANSON, THAT THE COMMITTEE OF THE WHOLE MINUTES OF NOVEMBER 10, 1980 BE APPROVED AS PUBLISHED. MOTION CARRIED. Councilman Van Dusen added an ordinance appropriating funds for the Municipal Court to the agenda. 30o6 Councilman Van Dusen said that Council has not received a written analysis on the waiver requested by William McAllister to build a 58 unit condominium east of Tukwila Park. He suggested it be tabled until staff has a chance to prepare it. Councilman Bohrer noted that the site plan and topography map are unreadable and requested that readable maps be made available. Councilman Hill suggested the applicant give a short presentation on their proposal so Council will be aware of the plans. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT THIS ITEM BE ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF DECEMBER 8, 1980. MOTION CARRIED WITH HILL VOTING NO. Ted Uomoto, Public Works Director, reported that the Horton Dennis and Associates have revised and finalized the Water Rate Study. The significant change is the overall reduction of 8¢ per 100 cubic feet. The Public Works Department recommends Alternative D which includes two additional Water Department staff. Representative of Horton Dennis reviewed the five alternatives for Council consideration in setting the new rates for metered water, as they are illustrated on Page II -8 of the report. Councilman Bohrer noted Appendix C, Section 2 where it states that no existing adjacent district or city operates at a sufficiently high pressure to serve Tukwila's water system without a reduction in Tukwila's pressure. He was told that as long as Tukwila sells water to an adjoining city, Water District #75 will not change their pressure regulator. The Comprehensive Plan should address alternatives to this problem. Councilman Bohrer suggested that Council reivew the components of Alternative D, Page II -8 and agree on or modify all except the two maintenance men and leave that until budget review. Councilman Phelps asked how the base revenue was arrived at. John Duplica, Horton Dennis, explained that base revenue is the minimum base rate, plus standby meters, fire hydrant fees, misc. revenue, etc. The base amount proposed is 23¢ plus 6¢ for the 1980 increase. Councilman Harris asked if this includes the 500 cubic foot minimum and was told no; this is starting at zero. Councilman Bohrer noted that the study recommends increasing the fire hydrant fees, standby fees and misc. revenues, and he asked if they are increased. Mr. Penhallegon said, yes, they are increased to the recommended rates. Councilman Bohrer said the rates are established by ordinance. He asked if they shouldn't be included in this ordinance. Mr. Uomoto said the other fees will be increased later. Councilman Bohrer said it would be clearer to have had just one ordinance. Councilman Van Dusen asked if Council could have the ordinance revisions for next week and make it all inclusive. There should be two ordinances the one that relates to water rates and miscellaneous fees and one setting up the Cumulative Reserve Fund. Councilman Bohrer clarified that the base rate is 29¢. TUKWILA CITY COUNCIL, COMMITTEE OF THE WHOLE November 24, 1980 Page 2 DISCUSSION Cont. Proposed Ordinance Increasing the rates for metered water (cont.) MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCIL APPROVE THE BASE RATE OF 23¢ PLUS 6¢ FOR A TOTAL OF 29¢. MOTION CARRIED. 300 7 Councilman Van Dusen said Council would skip the 8¢ for two ad- ditional maintenance men and go on to the 5¢ recommended for a renewal and replacement fund. Councilman Hill said that in the past ten years, most of the water system has been updated. He felt that 5¢ is too much. Councilman Bohrer noted that the Rate Study recommends that the minimum amount of revenue to be set aside for Renewal and Replacement be equal to the annual depreciation expense. Mr. Duplica said this is the 5¢. Councilman Bohrer asked what the depreciation is based on. Mr. Duplica said it is an estimate of the future years replacement expenses. Most cities use the depreciation figure to establish a renewal and replacement fund. Councilman Harris said the City is paying off the bonds which paid for the system in the first place; now, we are setting up a fund to replace it. We would be paying for it in three ways- paying off the indebtedness, depreciation and a replacement fund. It seemslike it would be better to set up the replacement fund in the future after some of the indebtedness is paid off on the existing system. The current system should last more than twenty years. Mr. Duplica said they use 40 years as the expected life. Councilman Phelps asked about the north system and if the City is still furnishing water to the area. Mr. Freemire said the City is still using that system to serve about 12 customers. Councilman Harris recommended the City wait ten years until the bonded indebt- edness is paid off to establish this fund so the people won't be paying double. Councilman Van Dusen said, at that time, we would need the fund. He recommended starting a small fund. Councilman Bohrer suggested the City set aside the depreciation as the R R Fund and accumulate the interest. Mrs. Kristofferson said the law requires a Cumulative Reserve Fund. MOVED BY HARRIS, SECONDED BY BOHRER, THAT COUNCIL ALLOW 2¢ TO START A RENEWAL AND REPLACEMENT FUND. MOTION CARRIED WITH PHELPS VOTING NO Councilman Van Dusen said the next item to be considered is 16¢ for Revenue Bonds for capital improvements assuming there is grant or LID support. Referring to the estimated project costs on Page VI -3 of the Rate Study, Councilman Harris felt the City already had an Operation and Maintenance Manual, we do need the Comprehensive Water Plan; the reservoir ($1,150,000) has been discussed many times and is the most expensive item, and $100,000 is too much to replace the north system for the few customers it serves. She questioned the new 10" water line on Maule Avenue for $100,000. Mr. Freemire said there is a 2" water main serving the Village Green, and there is not adequate fire protection in the area of South 143rd Place. Council- man Phelps asked if it would be feasible to do the water line re- placement with a street improvement project under an LID. Mr. Uomoto said the estimated portion funded by the Water Department for this 10" line would be approximately $25,000. Councilman Harris said the Maule Avenue Project should be done by LID; 16¢ is too much to add to everybody's: water bill. Councilman Phelps asked if an Operation and Maintenance Manual could be done in house. Mr. Freemire felt it would take quite a bit of time. This is an important item to be used by new personnel in the even the current employees leave the City. Councilman Bohrer reviewed the items. The City doesn't know whether or not we need the reservoir /pump station. If a study shows we need it,then budget for it at that time. In most cases, we will try to get support funding or do the projects by LID. He said Council should deal with the figures in the center column, page VI -3. He questioned whether the Comprehensive Water Plan and the Maintenance are capital improvements. He proposed that they be omitted. He suggested establishing a capital fund budget of $300,000 on the following basis. The rate applied by the finances here is more or less 1.5¢ per $100,000 so $300,000 would be 4.5¢. TUKWILA CITY COUNCIL, COMMITTEE OF THE WHOLE November 24, 1980 Page 3 DISCUSSION Cont. Proposed Ordinance Increasing the rates for metered water (cont.) RECESS: 8:50 P.M.- 8:55 P.M. Proposed Ordinance Reclassifying cer- tain lands from R -1 -12 to R -3 R -4 (Wynn prop- erty) So. 152nd MOVED BY BOHRER, SECONDED BY HILL, THAT COUNCIL ALLOW 5¢ FOR CAPITAL IMPROVEMENTS. MOTION CARRIED. Councilman Van Dusen said the total voted on by Council is 36¢, the 8¢ allowed for the two new personnel will be discussed during budget review. Councilman Phelps asked if it was found that, when the rates were increased, consumption dropped off. Mr. Penhallegon said, yes, but it does not make a difference over a long period. She asked if it was logical to assume the consumption in the industrial area would increase by 3 Mr. Penhallegon said they felt it was a good guess. Councilman Bohrer asked if the 25% discount has been effective in getting early payments in. Mrs. Kristofferson said, yes, and that it amounted to about $50.00 per month. Councilman Harris said it is a very popular thing. MOVED BY BOHRER, SECONDED BY PHELPS, THAT COUNCIL RESTORE SECTION B GRANTING THE 25¢ DISCOUNT. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE INCREASING THE RATES FOR METERED WATER BE ON THE AGENDA FOR THE REGULAR MEETING OF DECEMBER 1, 1980. MOTION CARRIED. Councilman Phelps asked if Council could get a report on the state- ment in Appendix C, Section 3, that the basic fire flow requirement of the Washington Surveying and Rating Bureau indicated for Tukwila is 4,500 GPM for four hours._ Mayor Todd assured her that it does meet the requirements. Council declared a five minute recess. Mark Caughey, Acting Planning Director, reviewed the changes made in the first draft of the ordinance. He reminded Council that the action here is only to rezone not to react to the project. The change in zoning does not obligate Council to the project. Attorney Hard said there are editorial changes needed in the ordi- nance. He will rewrite it for the next meeting. Bob Thrope, architect representing Mr. Wynn the property owner, posted three exhibits for Council review. He said the plan is in compliance with the Comprehensive Plan Map. It meets the goals and policies. He referred to the site plan and said that the proposed building sites do not encroach on any slopes over 15% with the exception of driveways. This is based on a topography survey and tree inventory. The alternate proposals show 16 and 24 units or 24 and 12 units. The density per acre is less than developments to the west, east and south of this property. There is a transition set up in their proposal. Mr. Thorpe said they did a detailed review in terms of the goals and policies. They have provided screening to adjacent uses, have pro- vided for underground utilities, and 1 1/2 acres of open space is provided in the northeast corner. They will provide trails through the open space area. Retention of storm water is provided for and recreation facilities are provided for. Their request for 18 units per acre is consistent with the policy. There is a need for condo- miniums in the $45,000 to $80,000 range. They have set a transition zone from 41 units per acre on the northwest to 25 to 32 units on the south. They are protecting the single family uses to the north and providing vegetation buffers. All trees have been inventoried. There is no development in slopes over 25 There is 31% site coverage, over 2/3 of the site is left undisturbed or in landscaping. Mr. Wynn purchased this property in 1955 and they are asking for reasonable use of the property. TUKWILA CITY COUNCIL, COMMITTEE OF THE WHOLE November 24, 1980 Page 4 DISCUSSION Cont. Proposed Ordinance Reclassifying cer- tain lands from R -1 -12 to R -3 R -4 (Wynn prop- erty) So. 152nd LID #30, Street Vacation Con- tract Award Waiver to Con- struct sidewalks along Interurban Ave. West Val- ley Highway 30 Eighteen units per acre makes a great deal of sense. He asked that Council approve the Planning Commission and staff recommendations and approve the request for the rezone from R -1 -12 to R -3 and R -4. Councilman Bohrer said he is having difficulty finding any part of the site that is much under 20% slope. Many of the buildings are located in areas of 35% to 40 Mr. Thorpe explained and said they did an in -depth slope analysis. Councilman Bohrer said he would like to have a resolution of the slope issue by having someone indicate on a map what the particular slopes are. Mr. Thorpe said they utilized the base of the slopes to tuck buildings in and use structured parking. Councilman Bohrer said he finds many of the building sites to be 30% to 40 Mr. Thorpe said, in the particular area under discussion, it is a trade- off using structured parking. Councilman Bohrer said he would like to see the slope analysis shown by some sort of technique as previously indicated. He finds that the scale on the previous map seems to be different from the one Council currently has. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE ON THE AGENDA FOR THE REGULAR MEETING OF DECEMBER 1, 1980. (It was clarified that it will be the revised ordinance provided by Attorney Hard.) MOTION CARRIED. Mr. Caughey said they will provide Council with the slope analysis. He offered that the completed grading plan could be referred back to Council if you so choose. Councilman Bohrer said they are concerned about the steepness of the site and how the vegetation is to be pre- served. Mr. Thorpe offered that they have a cut and fill analysis of a couple of sections of the site. Councilman Bohrer offered that the section views will be satisfactory. Mr. Uomoto said they have not received the application for a street vacation under LID #30. He reported that it has come to light that the City needs additional right -of -way along South 152nd before they can proceed. Since there has been no award of bid within the past 60 days, the City will need to readvertise. MOVED BY HILL, SECONDED BY PHELPS, THAT LID #30 BE HELD UNTIL AFTER THE FIRST OF THE YEAR, THEN REBID IT.* MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE MOTION BE AMENDED TO RECONSIDER LID #30 WHEN THE CITY HAS THE RIGHT -OF -WAY DOCUMENTS. Attorney Hard asked Council for authority to condemn the right -of- way necessary for construction. He said he would prepare an ordi- nance and have it before Council next Monday night. *MOTION CARRIED. *MOTION CARRIED. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE CITY ATTORNEY BE AUTHORIZED TO PREPARE AN ORDINANCE FOR CONDEMNATION OF RIGHT -OF- WAY RELATED TO LID #30. MOTION CARRIED. Mr. Uomoto said two separate developers have requested the City to grant them waivers to delete the construction of sidewalks along Interurban Avenue and West Valley Highway. One is the Schneider/ Nilsen Development at 14900 Interurban Avenue and the other, the Record Stationary at 17000 West Valley Highway. Public Works would favor this request as long as the developers agree to grant an easement or right -of -way to the City for future construction of side- walks and that they agree to participate in a future LID related to construction of sidewalks. Public Works, at this time, cannot accurately determine the location and elevation of the sidewalks and there are no sidewalks existing in these areas. TUKWILA CITY COUNCIL, COMMITTEE OF THE WHOLE November 24, 1980 Page 5 DISCUSSION Cont. Waiver to Con- struct sidewalks along Interurban Ave. West Val- ley Highway (cont) Councilman Van Dusen said he met with Mr. Nilsen and Mr. Schneider concerning their request. He said he told them he would favor a side- walk or trail going around behind the building as long as it was continuous and, if it was to go behind the building, it would have to be built to city standards. Councilman Phelps said the developer had no objection to constructing the sidewalk or trail system. Councilman Johanson said staff was going to contact Renton to discuss coordinating sidewalks along West Valley and see what their future plans are. Councilman Van Dusen said Ordinance 1158 addresses where sidewalks will be built. If there are any changes, then there is a waiver process. In the Schneider /Nilsen Development, the sidewalk requirement is part of the Building Permit. Mr. Lee Hansen, Contractor for Record Stationary, said they are not objecting to putting in sidewalks, however, they need direction from Council. There is a guardrail to relocate, a railroad signal device to move and electrical vaults to relocate. They have filed, with the City, a letter stating they will not oppose a future LID for the con- struction of sidewalks. They will dedicate any land that is neces- sary for the sidewalk and make it part of their deed. Councilman Bohrer said it seems unlikely that there will be any gross changes in elevation on Interurban or West Valley Highway. We know what the boundaries of these properties are. If Renton has solved the problem just north of South 180th Street, what is the problem with Tukwila doing the same thing. Mr. Uomoto said they can not guarantee the developer that the elevation or location of the sidewalk might not change. Mayor Todd said, in his mind, the sidewalk program along Interurban should be delayed until storm drainage is installed and the slope easements are taken care of. Councilman Van Dusen said we have a sidewalk plan, but we're not getting them, and we should be. MOVED BY PHELPS, SECONDED BY HILL, THAT THE WAIVER OF SCHNEIDER/ NILSEN AND RECORD STATIONARY BE PLACED ON THE AGENDA FOR THE REGULAR MEETING OF DECEMBER 1, 1980.* *MOTION CARRIED. 3eve Attorney Hard said if Council grants the waiver on the condition that there will be participation in a future LID, be sure it is put in a form that can be recorded. Mr. Uomoto noted that the trail built behind the Schneider /Nilsen Development does not meet the city standards for construction. Councilman Bohrer said there are a number of problems with the development in the Schneider /Nilsen area related to the sidewalk, to the trail and other items. There is a particular concern with the shoreline setback for the trail and with the construction. MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCIL ESTABLISH AN AD HOC COMMITTEE TO REVIEW AND ADMINISTER FUTURE ACTIONS ON THIS PARTICULAR PROPERTY, TO DISCUSS THE SITUATION WITH THE DEVELOPER AND IDENTIFY WHAT SHOULD BE DONE.* Councilman Bohrer said there are some severe problems with that development that violate a number of city ordinances. He sug- gested the members of the committee should be Councilman Bohrer, Councilman Van Dusen and Council President Saul. MOVED BY PHELPS, SECONDED BY BOHRER, THAT THE MOTION BE AMENDED TO HAVE THE FINAL REPORT DEVELOPED BY THE AD HOC COMMITTEE BE SUBMITTED TO THE CITY ATTORNEY FOR A STAFF REPORT BEFORE IT IS RETURNED TO THE CITY COUNCIL FOR REVIEW. MOTION CARRIED. *MOTION CARRIED TO ADOPT MOTION AS AMENDED. TUKWILA CITY COUNCIL, COMMITTEE OF THE WHOLE November 24, 1980 Page 6 DISCUSSION Cont. Proposed Ordinance Modifying stipu- lations of rezon- ing approval by releasing property from provisions of Use Dev. Agreement (Benaroya) Proposed Ordinance Repealing Ord. 1088 (Rezone from C -1 and R -3 to R -4) Proposed Ordinance Designating the Accounting Clerk II as a bonded City employee Proposed Ordinance Repealing Ord. 1137 amending Sect. 6 of Ord. 1109, by extending the term- ination date Letter from R. Griffin regarding development of Tukwila Pond prop. Reorganization of 0. C. D. *MOTION CARRIED. Mr. Caughey explained that the request pertains to the portion of Parkway Plaza where Simons, Casa Lupita and the Tower are located. The agreement was recorded in 1969 and placed stipulations on the property. The highlights of the agreement pertain to an architec- tural review process and certain setbacks. The existence of this agreement on the title has created a problem for them in dealing with the lender. Lenders are reluctant to make long term financing if there are any encumberances on the title. Planning staff took the position that, due to the fact, this agreement predates SEPA and the Board of Architectural review and predates much of the development, now, with all of these in operation, the City can still maintain the same controls. Councilman Phelps asked if Benaroya could develop any more in that area. Mr. Caughey said, no. The only value this agreement would have over a long term is if one of the restaurants burned down and they wanted to build some- thing else. They would still have to follow the existing zoning, SEPA regulations, and Board of Architectural Review. Councilman Bohrer asked if there is an alternative to change the zoning to a category that is more restrictive. Mr. Caughey said the Planning Commission recommendation for this commercial property would be to change the zoning to C -2. Councilman Phelps said she is satisfied that there will be controls through the zoning code adoption. Councilman Bohrer said the action is premature. We know what the current zone code is, but we don't know what the new one will be. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THIS ITEM BE TABLED UNTIL COUNCIL HAS ACTED ON THE ZONING CODE. MOTION CARRIED WITH PHELPS AND HARRIS VOTING NO. MOVED BY JOHANSON, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE REPEALING ORDINANCE NO. 1088 BE PLACED ON THE AGENDA FOR THE REGULAR MEETING OF DECEMBER 1, 1980. MOTION CARRIED. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE DESIGNATING THE ACCOUNTING CLERK II AS A BONDED CITY EMPLOYEE BE PLACED ON THE AGENDA FOR THE REGULAR MEETING OF DECEMBER 1, 1980. MOTION CARRIED. MOVED BY HILL, SECONDED BY BOHRER, THAT THE PROPOSED ORDINANCE EXTENDING THE TERMINATION DATE IN ORDINANCE 1109 BE PLACED ON THE AGENDA FOR THE REGULAR MEETING OF DECEMBER 1, 1980. MOTION CARRIED. MOVED BY HILL, SECONDED BY HARRIS, THAT AGENDA ITEMS NO. 12 AND NO. 13 BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF DECEMBER 8, 1980.* Councilman Bohrer said this item has been in the Finance and Personnel Committee for quite awhile. They would like to get it out of the way and get it resolved before the budget review. MOVED'BY BOHRER, SECONDED BY PHELPS, THAT THE REORGANIZATION OF OCD GO FORWARD TO THE REGULAR MEETING OF DECEMBER 1, 1980 AND INCLUDE THE ORDINANCE OF REORGANIZATION AS REQUESTED BY THE MAYOR. MOTION CARRIED. TUKWILA CITY COUNCIL, COMMITTEE OF THE WHOLE November 24, 1980 Page 7 DISCUSSION Cont. Proposed Ordinance Appropriating Funds for the Municipal Court Recording System Vacant land offered for sale So. 158th 51st 11:00 P.M. Budget Review: City Attorney Page 28 ADJOURNMENT: 11:25 Attorney Hard reported that the State Supreme Court rules requires cities to purchase recording systems for the Courts. The City of Tukwila is required to purchase a recorder. The state has requested bids for the four track recording units. They have selected the Lanier system. The recording unit is $1,300. The microphones are $60.00 to $80.00. Councilman Van Dusen said he wants a comprehensive system that all departments can use. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE APPROPRIATING FUNDS FOR THE MUNICIPAL COURT BE ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF DECEMBER 8, 1980. MOTION CARRIED. City Clerk said she will have a representative from the Lanier Company present to discuss the recording system. Council received a letter from Realty Marketing, Inc., offering for sale approximately 65,000 square feet (1.5 acres) located adjacent to and north of the City owned McMicken Park on 51st Ave. South and South 158th Street. The sale price is $28,500. 3o/ d Council reviewed the proposal, but decided they were not interested. Councilman Van Dusen offered to write them a letter with that message. Council completed the regular agenda and went into budget review with Attorney Hard. Mayor Todd discussed the advantages of having an in -house attorney. He suggested finding someone just out of law school that could train under the present law firm. This suggestion was circulated to Council some time ago. Mayor Todd said the $86,420 figure was presented by Attorney Hard as their 1981 proposal. Councilman Van Dusen said the first year with an in -house Attorney would make a difference in the retainage but the Consulting Firm would still handle the Municipal Court and other legal services. Councilman Harris said she doesn't like the idea of the City being the proving ground for a young attorney that would move on in a couple of years. Mayor Todd said most of our ordinances are written by staff when a City Attorney should be wording them. There are lots of attorneys that will work for less than we are paying now that have a lot of expertise. Attorney Hard said his proposal is based on hourly rate. In 1980 the rate was $60.00. If we have a calm year in 1981, our fees could be considerably less. Councilman Harris proposed that the Attorney budget be cut to $80,000. Councilman Phelps asked if the new decriminalization laws will result in more work costs. Attorney Hard said it will be more work, not just court time, but preparation time also. Councilman Phelps asked if we can increase the bail schedule to take care of the ad- ditional costs. Mayor Todd said he has discussed this with the Judge but has not received an answer. Mayor Todd said he feels the At- torney should agree to a lid being placed on his services. At- torney Hard said he is opposed to that. All they can do is sell their services by the time it takes. Mayor Todd said there are ways to cut down the court expenses. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE CITY ATTORNEY'S 1981 BUDGET BE $80,000. (Reduce Other Legal) MOTION CARRIED. MOVED BY HARRIS, SECONDED BY VAN DUSEN, THAT THE TUKWILA CITY COUNCIL COMMI OF THE WHOLE MEETING ADJOURN. MOTION CARRIED. 46g 'C unci1 President City Clerk