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.
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