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HomeMy WebLinkAbout1983-12-19 Regular MinutesDecember 19, 1983 7:00 P.M. PLEDGE OF ALLE- GIANCE CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE REPORTS Mayor's Appointments Council Members CITIZEN'S COMMENTS Fire Department Citation TUKWILA CITY COUNCIL REGULAR MEETING M I N U T E S Tukwila City Hall Council Chambers Mayor Van Dusen led the Pledge of Allegiance and called the regu- lar meeting of the Tukwila City Council to order. GEORGE D. HILL, LIONEL C. BOHRER, MABEL J. HARRIS, Council President, JOE H. DUFFIE, WENDY A. MORGAN. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT COUNCILMAN BAUCH BE EXCUSED FROM THE MEETING. MOTION CARRIED. Board of Adjustment Civil Service Commission Planning Commission Arts Commission Catherine Harris Elanor McLester Dave Larson William Gorjance Leslie Campbell $/0 ,21 MAXINE ANDERSON, City Clerk; LAWRENCE E. HARD, City Attorney; BRAD COLLINS, Planning Director; PATRICK LOWERY, Police Chief; BYRON SNEVA, Public Works Director; ALAN DOERSCHEL, Finance Director; HUBERT CRAWLEY, Fire Chief. Mayor Van Dusen submitted the following recommendations to Council for concurrence on appointments to Boards and Commissions where vacancies well occur at year end. MOVED BY HILL, SECONDED BY HARRIS, THAT COUNCIL ACCEPT THE MAYOR'S RECOMMENDATION OF FIVE APPOINTMENTS TO BOARDS AND COMMISSIONS. MOTION CARRIED. Councilman Duffie reported on a dangerous condition that exists at the railroad crossing on Andover Park East. It is an unmarked crossing and should be signaled. He asked to have the City Engineer look into this. Miss Morgan, stepping down from the Council table, reported that the Canyon Estate Condominium Association received a warning cita- tion from the Fire Department. The citation requests that the Condominium Association be responsible for the installation of smoke detectors in the individual units. She requested that Council and Administration consider the following items for future discussion and placement in Committee if warranted. Under the law, the apartments and common areas are declared real property. Within a condominium, there are any number of units, therefore, the owners of the units are responsible for the maintenance in those units. The Condominium Association is not responsible for the maintenance of anything within the units except those things which run common between the units such as plumbing. Ordinance No. 1061 refers to the building owner or agent as being respon- sible for smoke detectors. She suggested that the ordinance is vague where comdominiums are concerned and needs to be rewritten. They will provide the Fire Department with a list of the owners of the condominium units. They will also maintain smoke detectors in the common areas. MOVED BY BOHRER, SECONDED BY DUFFIE, THAT THIS ITEM BE PLACED IN THE COMMUNITY AFfAIRS COMMITTEE.* MOVED BY HILL, SECONDED BY DUFFIE, THAT THE MOTION BE AMENDED TO PLACE THE ITEM IN THE PUBLIC SAFETY COMMITTEE. MOTION CARRIED. *MOTION CARRIED AS AMENDED. TUKWILA CITY COUNCIL December 19, 1983 Page 2 CONSENT AGENDA PUBLIC HEARING Request for Street Vacation, So. 133rd lying easterly of So. 134th P1. a b. g. Approval of Minutes: December 5, 1983. Approval of Vouchers Current Fund Golf Crse. Spec. Rev. Street Fund Federal Shared Rev. Land Acq, Bldg, Dev. Water Fund Sewer Fund Firemen's Pension *MOTION CARRIED. 53,246.20 1,458.36 15,802.31 20,946.35 395.96 13,574.93 32,926.99 46.54 $138,397.64 c. Acceptance of the South 158th Storm Drain Construction Project. d. A resolution of the City of Tukwila acknowledging that charges incurred due to leaks in the water service line in the right of -way of South 144th are the responsibility of the City. (Davis) e. Resolution of the City of Tukwila directing the Mayor or his designated representative to abate a public nuisance. (42nd Avenue South) f. Resolution 893 of the City of Tukwila directing the Mayor or his designated representative to abate a public nuisance. (14458 Interurban Avenue/Maule) An ordinance of the City of Tukwila appropriating unanticipated block grant revenue for a right -of -way study for Interurban Avenue and amending the 1983 Budget. h. An ordinance of the City of Tukwila appropriating unanticipated sales tax revenues for the Christensen Trail Bridge and the purchase of a Ferrari clock and repealing Ordinance No. 1304. MOVED BY HARRIS, SECONDED BY HILL, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Councilman Bohrer requested that Item No. 6d, resolution acknowledging charges due to leaks in water service line are the responsibility of the City, be removed from the agenda. Councilman Hill asked to have Item No. 6e, resolution to abate a public nuisance, be pulled from the agenda. Public Hearing on the request for the vacation of South 133rd Street lying easterly of South 134th Place was continued from November 23, 1983. Mayor Van Dusen asked if there was any comment from the audience. Robert Sheehan, 21809 106th P1. S.E., Kent, WA 98031, said he is a partner with his son in the ownership of Lot 6 (Farwest Paint Co.), 4522 So. 133rd. He made the request to have a portion of South 133rd vacated. Mr. Sheehan requested tht the Public Hearing be continued again. They are negotiating to purchase the property south known as Lot 4. Robert Proctor, 28421 18th Avenue South, Federal Way, said he is the local representative of the owners of the property Mr. Sheehan discussed. he agreed that they would like a continuance. MOVED BY HILL, SECONDED BY HARRIS, THAT THE PUBLIC HEARING BE CONTINUED TO FEBRUARY 6. MOTION CARRIED. TUKWILA CITY COUNCIL December 19, 1983 Page 3 NEW BUSINESS Budget Transfers 83 -16, 83 -17 83 -18 7:35 PM Resolution #894 Acknowledging that charges incurred due to leaks in water service at So. 144th are the responsibility of the City. Resolution #895 Directing the Mayor or his representative to abate a public nuisance. The purpose of the budget transfers is to transfer unexpended funds into departments which will have overexpended balances by the end of 1983. 83 -16, Overexpenditures of $31,000 for special matters in the City Attorney's Budget. 83 -17, Due to uncollected revenue in LID 30 of $12,000. 83 -18, Offset final pay off of labor, vacation and sick leave for the former Building Official. MOVED BY HARRIS, SECONDED BY HILL, THAT THE THREE BUDGET TRANSFERS BE APPROVED. MOTION CARRIED. Council Member Phelps arrived at the meeting. Councilman Bohrer noted that he is not satisfied with the wording of the resolution. The Public Works map shows that two of the water leaks were very near the Davis residence, the third up near 59th Avenue South. MOVED BY BOHRER, SECONDED BY HILL, THAT THE FOLLOWING CHANGES BE MADE IN THE RESOLUTION: 1. The title be changed to read "A Resolution of the City of Tukwila, Washington, regarding leaks in the water service line in the right -of -way of South 144th." 2. The amount in the last line of the body be changed to $121.35.* Councilman Duffie suggested the City notify any other property owner that might be in the same situation so this does not happen again. *MOTION CARRIED WITH DUFFIE VOTING NO. MOVED BY HILL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Mayor Van Dusen read the title as amended: A resolution of the City of Tukwila, Washington, regarding leaks in the water service line in the right -of -way of South 144th. MOVED BY HILL, SECONDED BY PHELPS, THAT RESOLUTION NO. 894 BE ADOPTED AS READ.* Mrs. Joanne Davis, 5906 South 144th, told Council that she did negotiate with a City Department. She paid for the large leak on their property. She said she would not have paid anything if she thought the settlement hadn't been accomplished. She was told not to settle until they negotiated, and she left the meeting feeling it was done. She paid the bill that day. The leaks were on City right -of -way where she had no control over the driving path of vehicles. Hopefully, this won't happen again to a citizen; this has gone on over a year. *MOTION CARRIED WITH DUFFIE VOTING NO. Mr. Nielson, 107 South 197th, explained that he purchased the piece of property at 12808 42nd Avenue South about eight months ago. In the next two or three months, he is going to have the building torn down. There is a problem if the building is torn down, there is a 25 foot setback requirement and there would be no way the property could be built on. Mayor Van Dusen noted that he would have to go to the Board of Adjustment for a variance. 1,0 3 TUKWILA CITY COUNCIL December 19, 1983 Page 4 NEW BUSINESS Continued Resolution #895- MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION (continued) BE READ BY TITLE ONLY. MOTION CARRIED. 10:15 P.M. Ordinance #1309 Creating and establishing a special fund to known as the Equipment Rental Fund (501) City Attorney Hard read a resolution of the City of Tukwila, Washington, directing the Mayor or his designated representative to abate a public nuisance. MOVED BY HARRIS, SECONDED BY PHELPS, THAT RESOLUTION NO. 895 BE ADOPTED AS READ. MOTION CARRIED. EXECUTIVE SESSION 8:15 P.M. MOVED BY HARRIS, SECONDED BY PHELPS, THAT COUNCIL GO INTO EXECUTIVE SESSION TO DISCUSS A PERSONNEL MATTER AND THE CITY ATTORNEY. MOTION CARRIED. Council closed the Executive Session and reopened the Regular Meeting. MOVED BY HILL, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Mayor Van Dusen read an ordinance of the City of Tukwila, Washington, creating and establishing a special fund to be known as the Equipment Rental Fund (501) to be used as a revolving fund for operations, supplies, repairs and for replacement of the City's vehicles and related equipment. MOVED BY HARRIS, SECONDED BY PHELPS, THAT ORDINANCE NO. 1309 BE ADOPTED AS READ.* Councilman Hill noted that Equipment Rental has been discussed for many year, and it is good to see it is finally happening. Councilman Morgan noted that there were no vehicles funded by Federal Shared Revenue. We are indicating that we favor another means of funding. She questioned if the schedule meets with Council approval. Council President Harris commented that vehicles are usually purchased out of revenue sharing. She noted that the Police Department is asking for 7 cars. Usually the City replaces 3 or 4. She is happy with the concept, but not happy with Attachment A. It should be reviewed by Committee again. Mayor Van Dusen said he is willing to hold off on the purchase of vehicles until Council reviews the C.I.P. Councilman Bohrer said he has a problem with the short term contribution schedule. If we put money in the Equipment Rental Fund and we don't need it, it will just sit there. MOVED BY BOHRER, SECONDED BY MORGAN, THAT SECTION 3, THIRD SENTENCE, SHALL BE CHANGED FROM "THREE -YEAR PERIOD" TO "SIX -YEAR PERIOD." Council President Harris said the idea is have the funds available so you can replace the vehicle when it comes due. In order to get the depreciation into the fund, it has to be done in a faster time than six years. She said she is comfortable with the way we are funding it but uncomfortable with the way we are spending it. *MOTION FAILED. MOVED BY BOHRER, SECONDED BY MORGAN, THAT COUNCIL DELETE THE LAST SENTENCE IN SECTION 4. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCIL DELETE EVERYTHING AFTER THE SECOND SENTENCE IN SECTION 5. MOTION CARRIED. TUKWILA CITY COUNCIL December 19, 1983 Page 5 NEW BUSINESS Continued Ordinance #1309 Equipment Rental Fund (501) (cont.) Continue Meeting (Failed) Continue Meeting To Thursday, 12/22/83 Councilman Bohrer clarified that Council will hold aproval of Attachment "A" in abeyance until they review the Capital Improvement Plan and Attachment "A." *MOTION CARRIED AS AMENDED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT ATTACHMENT "A" BE TABLED UNTIL THE JANUARY 23 MEETING WHEN IT WILL BE REVIEWED BY COUNCIL BEFORE IT IS INCLUDED AS AN ATTACHMENT TO THE ORDINANCE. MOVED BY BOHRER, SECONDED BY MORGAN, THAT THE MOTION BE AMENDED TO SAY THAT NO PURCHASE OF EQUIPMENT FROM ATTACHMENT "A" WILL OCCUR WITHOUT FURTHER COUNCIL APPROVAL. MOTION CARRIED. Councilman Bohrer asked if Revenue Sharing can make a contribution to the Equipment Rental Fund. Mr. Doerschel said that he thought it could but would verify it. *MOTION CARRIED TO ADOPT THE ORDINANCE AS AMENDED. MOVED BY MORGAN, SECONDED BY HARRIS, THAT THE MEETING CONTINUE FOR AN ADDITIONAL HALF HOUR. MOTION FAILED. MOVED BY HARRIS, SECONDED BY MORGAN, THAT THE MEETING BE CONTINUED TO THURSDAY, DECEMBER 22 at 5:00 p.m. MOTION CARRIED WITH HILL VOTING NO. Council Member Morgan said the Community Affairs Committee requested that a Christmas and New Years Greeting be sent to the City of Ikawa. Meeting Cancelled MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE COMMITTEE OF THE WHOLE MEETING OF DECEMBER 27TH BE CANCELLED. MOTION CARRIED. *MEETING CONTINUED TO DECEMBER 22 a "y 9i- cyan DGsiP( it Cxerk