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HomeMy WebLinkAbout1981-09-29 Committee of the Whole MinutesSeptember 29, 1981 7:00 p.m. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE REPORTS Council Amend Agenda PRESENTATIONS 1982 Budget Proposals, Public Works Department TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE M I N U T E S Tukwila City Hall Council Chambers Council President Van Dusen led the Pledge of Allegiance and called the Tukwila City Council Committee of the Whole Meeting to order. LIONEL C. BOHRER, MABEL J. HARRIS, DORIS E. PHELPS, DANIEL J. SAUL, GARY VAN DUSEN, Council President. LAWRENCE E. HARD, City Attorney; PATRICK LOWERY, Police Chief; ALAN DOERSCHEL, Finance Director; DON WILLIAMS, Parks and Recreation Director; TED UOMOTO, Public Works Director, BRAD COLLINS, Planning Director; SHARON WYLIE, Administrative Assis- tant, MAXINE ANDERSON, City Clerk. Council President Van Dusen turned the meeting over to Patrick Lowery, Police Chief. Chief Lowery introduced David McKenzie and administered the oath of office for Police Officer. Mayor Todd presented Officer McKenzie his Tukwila Police Department badge. Council President Van Dusen said he will be unable to attend Council Meetings on the 6th and 13th of October as he is taking a class at the University. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE AGENDA BE AMENDED TO INCLUDE A RESOLUTION AS ITEM 6I. MOTION CARRIED. 3 yy3 Ted Uomoto, Public Works Director, noted that he started his presentation last week by discussing the functions of the Public Works Department and the organizational structure. He told Council about conditions that have changed to require more engineering and maintenance responsibilities. He briefly dis- cussed the work order system being used by the Maintenance De- partment. The purpose is to identify the activities performed by the different units of the Departmant by hours and equipment used. Once the system is fully operational, it will be easy to monitor the economic feasilibity of their work. Mr. Uomoto noted a chart distributed to Council that shows the Mechanical Shop spends 38% of their time on Police vehicles, 23% on the field equipment; then, in order, street, sewer, shop, etc. He discussed the City's vehicles and noted that, in the near future, a number of vehicles will have to be purchased in one year, so expenditures will be high. Hopefully, an equipment rental system will be started shortly. He reported that the Sewer Department has not been able to keep up with their maintenance responsibilities. They must get back to performing their function. To help this, he is proposing to take the storm drain maintenance away from them and transfer it to the Street Department. He told Council that they would like to improve the use of the Maintenance Shop Yard by constructing racks in the outside covered storage area. They would also like to purchase a lift truck for moving heavy equipment. This would prevent possible injury to employees. A good, used lift truck would cost around $15,000. Construction of the total outside covered storage rack system would be around $50,000. He recommended that the first year's construction be limited to $20,000. If these funds aren't available, he would like a temporary rack system which could be constructed by the employees. They need more shelving space in the shop area, and it would cost about $6,000. Councilman Hill asked if the employees could build these shelves. Mr. Uomoto thought it was possible. TUKWILA CITY COUNCIL, C.O.W. September 29, 1981 Page 2 PRESENTATIONS 1982 Budget Proposals, Public Works Department (cont.) 7:55 p.m. 1982 Budget proposal, Parks Recreation Department 3vvy Going back to discussion on the Sewer Department, he said that Pump Station #2 (Minkler and Andover Park West) is over capacity. They have already told some of the big developers that this station does not have the capacity to accommodate a large development. They would like to construct another wet well to provide additional storage in case there is a failure. Dis- cussing the Street Department, he said they have had problems with the paint stripper. A new paint stripper would be expensive; therefore, it was suggested to use contracted services. They would like to have the Street Department construct sidewalks. They could put in a temporary sidewalk on Macadam Road to ac- commodate the foot traffic. Next, the Water Department has not been performing their inspections on cross connections because of lack of time. The program must be started this year. The proposed 1982 Budget includes funds for this program. The North Water System is still poor. They are hoping to negotiate a swap of service areas with Water District 125. Also, the City of Seattle is increasing the demand charges. They will increase about $12,000 over this year. Mr. Uomoto said they intend to transfer two Park Department personnel to the Street Department during the months of January and February. The Park Department will need additional help during the summer. He recommended that $1,300 be budgeted in Extra Labor to assist them. One of the main concerns of the Building Maintenance Department is the Community Center. He has taken the position that we just do year to year maintenance on the building. Should we have a major failure, repairs could cost a considerable amount of money. He recommended the City hire a consultant to thoroughly inspect the building and identify the needs. We need more parking spaces at City Hall. This could cost around $20,000. The Maintenance Shop needs to be painted. This could be done in- house with extra labor. Mr. Uomoto asked Council if they wanted fire hydrant inspections programmed into the maintenance schedule This year they did half and the Fire Department did half. This item will need to be figured into the work load if Council wants Public Works to handle it. Councilman Saul thanked Mr. Uomoto and said the written document was easy to understand. Mayor Todd volunteered that next year the Fire Department and the Maintenance Crew will again inspect hydrants. Each will do the ones perviously done by the other Department. Council declared a five minute break. Don Williams, Parks Recreation Director gave a slide presentation on services, facilities and programs offered by his department. Their service is people oriented. Recreation programs improve the quality of life. He recommended that Council consider directing administration that the Recreation Staff will work with the Arts Commission and with the Library to give some direct contact into their programs. In reviewing the budgets -the Park Commission Budget is basically the same as this year, the Foster Golf Course Special Revenue Fund will be increased with the proposal that, during 1982, a 6 year capital improvement plan be started. In 1982, a decision will have to be made on how to operate the Golf Course -a private company, City personnel or a combination. The Land Acquisition, Building and Development Fund could be used for capital improvements. We hope to have some specific projects defined by the end of the year. He said he was working on a proposal to submit to Council to generate more money for parks. This would assess developers a certain amount of money which TUKWILA CITY COUNCIL, C.O.W. September 29, 1981 Page 3 PRESENTATIONS Cont. 1982 Budget proposal, Parks Rec. Department (cont.) OLD BUSINESS Approval of Minutes: July 28, August 11, 25 Approval for Zoning Review Minutes NEW BUSINESS Centralized Permit System /Budget Transfer, Building Inspector would go into a special fund to be used only on park projects. The Recreational Services Budget took the most time. Some line items in the budget have been reduced; in other cases, there has been no choice but to raise them. They are not asking for additional personnel nor are they asking to increase the size of the programs. The City is being recognized for having one of the better programs and park systems in the area. Our ser- vices are important. MOVED BY HILL, SECONDED BY PHELPS, THAT THE MINUTES FOR JULY 28, AUGUST 11 AND 25, AND SEPTEMBER 8 BE APPROVED AS PUBLISHED.* Councilman Bohrer noted that he has asked for a verbatim portion on the P L rezone to be included in the September 8 minutes and suggested they be withdrawn so Council can review this portion. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE SEPTEMBER 8 MINUTES BE WITHDRAWN FROM APPROVAL. MOTION CARRIED. *MOTION CARRIED. Councilman Saul noted that the Zoning Ordinance Review Minutes to be approved are for July 20 and 27; August 3, 17, 24, and 31; and September 14. MOVED BY HILL, SECONDED BY HARRIS, THAT THE MINUTES FOR THE ZONING ORDINANCE REVIEW MEETINGS BE APPROVED AS PUBLISHED. MOTION CARRIED. 3yy.S Councilman Phelps reported this item has been in the Finance and Personnel Committee. One portion that was approved and forwarded to this agenda was the full -time Building Inspector position with modifications to the job descriptions of both the Building Official and Building Inspector. The Building Inspector will assume the responsibilities for inspections of sanitary sewers, storm drainage, water and on -site building inspections. The utility inspections are now being done by Public Works per- sonnel. The person to fill the position is now a contract employee. Brad Collins, Planning Director, explained that there are three things before Council: (1) Reorganization of staff resources which involves job description changes; (2) Change in status of the Building Inspector from contract to full -time employee eligible for benefits and liability protection; (3) Budget Transfer necessary to accomplish this. Councilman Phelps noted that, at the January retreat, Council expressed a desire to pursue a Centralized Permit System. This takes more coordination between Planning, Public Works and Building. Some of the job descriptions need to be revised. The recommendation from Committee is to approve the request for the Building Inspector, the Budget Transfer and the position des- criptions for the Building Official and the Building Inspector. Councilman Bohrer noted the job descriptions should read that the employee, except for the Department Head, supervises no one. If it is project management rather than personnel, it should be noted in the body of the description. He said, at the Committee level, he expressed concern that there was no need for this position but was assured by administration that the need was there to put this person on full -time. Council, in the past, had been given the information that building activity in the City is very low and there was no need for a full -time Building Inspector. Now, we are told that this contract person is used TUKWILA CITY COUNCIL, C.O.W. September 29, 1981 Page 4 NEW BUSINESS Cont. Centralized Permit System /Budget Transfer, Building Inspector (cont.) Proposed Ordinance Vacating portion of So. 168th St. (Hoffner Davis) Proposed Ordinance Fixing the amount of tax levies to raise funds to meet 1982 expenditures Budget Transfer to allocate funds for extra labor to al- low completion of zoning ordinance Mr. Collins explained that information furnished the Finance and Personnel Committee was relative to the amount of utility inspections being transferred to the Building Inspector. almost full -time. He said he has asked for additional information about the work load. The action he gave at the Committee level was contingent upon seeing the justification from administration. Mayor Todd noted that the Committee was furnished information on the activities and the need for the extra Building Inspector. Mr. Collins distributed information to Council on the number of Building Permits and Sign Permits that were processed in the past five years. Rough calculations show that 8 to 12 hours were spent on inspection for each Building Permit. The work load is no different than it was in the past, but now, we are probably providing a more thorough and better inspection. Under the Centralized Permit System, the on -site inspector position is a critical function. Under this system there will be no need to call the Maintenance Crew Chief out on inspections. Councilman Bohrer said that it appears in the years when we had much higher building activity we had less manning than is now being asked for. Mr. Collins said the City is now taking a more responsible position. This permit system will be a major cost savings. The feasibility of the system is a side benefit. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE NEXT REGULAR COUNCIL MEETING. MOVED BY PHELPS, SECONDED BY HILL, THAT THE POSITION DESCRIPTIONS FOR THE PLANNING STAFF BE REFERRED TO THE FINANCE AND PERSONNEL COMMITTEE FOR REVIEW. MOTION CARRIED. Mayor Todd noted that both Mr. Davis and Mr. Hoffner have agreed to pay the City the value assessed them for the vacation of So. 168th St. MOVED BY HILL, SECONDED BY HARRIS, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE NEXT REGULAR COUNCIL MEETING.* Councilman Bohrer asked if the City is abiding by the law if one of the assessments is reduced to compensate for the Puget Power easement. Attorney Hard said that basically the City is to re- ceive adequate compensation for the land being vacated. Council- man Bohrer noted that one assessment is $3,361.53 and the other is $2,241.02 and he wants to be sure we are doing what the law requires. Attorney Hard said it is his opinion that the City can take the Puget Power easement into account in determining the assessment. This method is appropriate and is defensible. *MOTION CARRIED. MOVED BY HILL, SECONDED BY PHELPS, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE NEXT REGULAR MEETING. MOTION CARRIED. Mr. Collins explained that this Budget Transfer, in the amount of $4,680 is to fund Fred Satterstrom through the end of the year. This will allot the zoning ordinance review to stay on schedule. This has been approved by the Finance and Personnel Committee. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE NEXT REGULAR COUNCIL MEETING. MOTION CARRIED. TUKWILA CITY COUNCIL, C.O.W. September 29, 1981 Page 5 NEW BUSINESS Cont. Block Grant Coordinator Position Projects Budget Transfer to cover com- pletion of 6- year park plan Proposed Ordinance relating to side- walk construction approval of re- vised Developer's Agreement Report by Attorney Hard: Maule Avenue Fill Jacob Macias, Grants Coordinator, explained that when he came to work for the City, there were certain projects to be implemented. In discussions with the Mayor, it was decided that the pending projects should be completed and the position terminated at the end of the year. Approximately $2,000 is required to pay wages through the end of the year. He reported that the City will receive $13,605 in population funds for next year. This is less than 1981. MOVED BY HILL, SECONDED BY HARRIS, THAT THIS ITEM BE FORWARDED TO THE AGENDA FOR THE NEXT REGULAR COUNCIL MEETING. MOTION CARRIED. Councilman Bohrer expressed appreciation to Jacob for a job well done. Councilman Harris said she is not in favor of eliminating the position becasue block grants seem to be the only way of obtaining additional funds. Jacob Macias explained that $1,600 is necessary to complete the 6 -year park plan by January. This moves money from the Mayor's Extra Labor to Park Department Extra Labor. MOVED BY HILL, SECONDED BY HARRIS, THAT THIS ITEM BE FORWARDED TO THE NEXT REGULAR COUNCIL MEETING. MOTION CARRIED. Attorney Hard said this was discussed at the last work meeting. There was concern expressed over both documents. It was decided that he, Mr. Collins and Councilman Bohrer would attempt to work out the problems. A new paragraph has been added. It provides that in the event a person is unable to construct a sidewalk as required by the earlier ordinance and, that person comes before the City Council seeking a delay, waiver or exception, Council can require the property owner to execute an agreement to provide that a sidewalk will be constructed by a future LID or by a con- tract. This does not change the situation where someone seeks a building permit and they cannot build it because of a problem that is the City's. Under this circumstance, administration has the power to require a contract for future participation in an LID or construction at a date certain be executed. The Developer's Agreement has also been revised. Councilman Bohrer said it bothers him to have the City set a date certain and then not being able to provide the specifications. MOVED BY BOHRER, SECONDED BY PHELPS, THAT "BY A DATE CERTAIN" BE DELETED FROM THE 2ND AND 3RD PARAGRAPHS IN SECTION 2 OF THE DRAFT ORDINANCE.* Attorney Hard noted that "by a date certain" should also be deleted from the next to the last Whereas, Page 1 of the Developer's Agreement. *COUNCILMEN BOHRER AND PHELPS AGREED TO INCLUDE THIS ADDITION TO THEIR MOTION. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE NEXT REGULAR COUNCIL MEETING. MOTION CARRIED. Attorney Hard said, at the last Council Meeting, he was asked to review the Maule Avenue Fill matter. He distributed a state- ment of his findings to Council. Councilman Harris said she sees no place where it says Maule Avenue should be filled. It says on April 5, 1979, that a proposal was prepared showing that no fill was to be placed on Maule Avenue. Councilman Hill commented that, had it been left, it would be a pond. 347 TUKWILA CITY COUNCIL, C.O.W. September 29, 1981 Page 6 NEW BUSINESS Cont. Report by Attorney Attorney Hard said all the official fees for the project were Hard: Maule Avenue paid. One of the seven conditions set forth in the Substantial Fill (cont.) Development Permit says that the Developer is to raise the present level of the top cover for the sanitary sewer manhole on Maule Avenue to the 21 foot elevation. This would have raised that cover from 4 to 7 feet above the Maule Avenue level. Certainly the position of the Developer, supported by staff, is that the only reason this was required to be raised wat that the grade of Maule Avenue would also be raised. There is no record of a Street Use Permit in the files. It is clear that the admini- stration, in 1979, was aware of what was going to happen on Maule Avenue. Councilman Hill explained that if you fill on both sides of the street and with the streets on either ends higher than old Maule Avenue all of the storm water would run directly down the sani- tary sewer. Councilman Harris said that no one objects to it being filled if it were just made usable again. You can't drive on it. Jerry Knudson, 6421 South 143rd Place, said he is one of the owners of the property. When the land was purchased there was already considerable fill on Maule Avenue placed there by the City. The City was using the north end for a dump site. He said he dumped some excess dirt there and was red tagged. He contacted the City and found out what permits he needed. He asked, at that time, why the City was using it but did not get a satis- factory answer. The City had no permits to dump there. He got all of the necessary fill permits. One of the requirements was for them to provide adequate drainage. It was stipulated that they had to raise the sanitary sewer and provide a gradual slope away from the road. It was verbally discussed that Maule Avenue would be raised and that they would raise the fire hydrant and the sanitary sewer manhole at their own expense. The City barricaded Maule Avenue. The fill that was put in there is suitable fill for road development. They have met with Planning Staff and there has been some discussion about swapping Maule Avenue for part of the Puget Power right -of -way. This was not done to cause any problems and if it did they apologize. They were held by a verbal commitment and a contract to provide a drainage system on their own property. They are trying to work with the City. Councilman Harris asked if it could be leveled and properly marked so it could be used. People have asked if it could be used for parking. Mayor Todd noted that this item has been discussed for two years and has cost several hundred dollars in Staff and Attorney time. Councilman Bohrer noted that they proceeded outside of the normal procedure to do what was done on Maule Avenue. The verbal agreements made in 1979 were made by an employee who was no longer with the City in 1980 and could not enforce them. Mayor Todd offered that they would remove the dirt from Maule Avenue and leave it that way if that is what the City wants. Councilman Bohrer said he would like the Maule Avenue site under the control of a Developer's Agreement like any other project. Mayor Todd said that the agreement he and Mr. Knudson made with the City in 1979 has been followed. Councilman Bohrer noted that the problem here is in administering the City's laws. TUKWILA CITY COUNCIL, C.O.W. September 29, 1981 Page 7 NEW BUSINESS Cont. Report by Attorney Hard: Maule Avenue Fill (cont.) Proposed Resolution supporting Metro's proposed diversion of treated waste water Council Member Position Attorney Hard said that it is possible for a person to have a binding oral agreement with the City. Based on the facts here there very well could have been an oral agreement between admini- stration and the developers. It is preferable to have written agreements, but it is not required by law to have an agreement in writing for it to be binding. If the OCD Director made a verbal agreement, those things are probably binding on the City even though there is no Developer's Agreement to substantiate them. Councilman Harris asked that the street be smoothed so it is driveable. Councilman Bohrer proposed that Council President, Attorney Hard and himself discuss this subject and see if they can reach a mutual agreement on how to proceed. Mayor Todd suggested several Council Members be present also. Attorney Hard noted that the following things might happen: (1) Ask the Developers to remove all of the fill located within the Maule Avenue right -of -way; (2) Ask him to do something with the sewer stub that has been raised; (3) If this were not satis- factorily resolved it may be considered a violation of the City ordinance in that there was trespassing on the public right -of- way. This might result in a citation. This should not happen because the facts in this case indicate there was an oral agree- ment that is binding on the City. If Council were to choose to follow this last procedure, they would have to seek other legal advice. The City Attorney could not represent the Council in this matter; (4) Another alternative is to deal directly with the Developers and see if an agreement can be reached. Councilman Bohrer again said his concern is that the City be administered properly. He would like to meet and see if an alternative can be arrived at to recommend to Council to re- solve this issue. Attorney Hard suggested either the Mayor or Mr. Knudson be present during the discussion. Mayor Todd pointed out that the agreement between the applicant and the City was clear, plain, concise. It is unfair to have a meeting without one of the applicants being present. Councilman Saul said that if Councilmen Bohrer and Van Dusen and the City Attorney want to meet, it is up to them. MOVED BY HARRIS, SECONDED BY VAN DUSEN, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE NEXT REGULAR COUNCIL MEETING. MOTION CARRIED. Councilman Van Dusen explained that he talked with Councilman Johanson about his resignation from the Council. He feels pressure from Council because he is not able to attend the Council Meetings at this time. He has had a shift change at work so he felt it would be best if he quit. Councilman Van Dusen said that Reid has put in lots of hours, years on the Council. If there is pressure, it is not warranted at this time. We all have to miss meetings occasionally because of our jobs. If Council will agree to his absences when they are necessary, he will not submit a formal resignation. MOVED BY VAN DUSEN, SECONDED BY BOHRER, THAT COUNCIL GIVE COUNCILMAN JOHANSON THE SUPPORT TO REMAIN ON THE COUNCIL FOR THE REMAINDER OF THE TERM. MOTION CARRIED. TUKWILA CITY COUNCIL, C.O.W. September 29, 1981 Page 8 NEW BUSINESS Cont. Request for Council Intern Wage Increase ADJOURNMENT: 10:50 p.m. Councilman Phelps said that a request has been submitted for a salary increase for the Council Intern. She now receives $5.30 per hour. This item has been referred to the Committee of the Whole for discussion. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THIS ITEM BE REFERRED TO AN EXECUTIVE SESSION AT THE NEXT REGULAR MEETING. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING ADJOURN. MOTION CARRIED. i Coun Pre'sident`Van Dun mo t_.ycr /1} Ci t�GTerk 31/50