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HomeMy WebLinkAbout1973-09-24 Regular MinutesSeptember 24, 1973 8:00 p.m. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL PUBLIC HEARINGS Proposed Rezone: Bowen Proposed Rezone: Lamb Ord. #809 Rezone: Lamb TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall Council Chambers M I N U T E S CRAIN, TRAYNOR, STEVENS, STERLING, JOHANSON, GARDNER, HILL. 479 Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. MOVED BY HILL, SECONDED BY STEVENS, TO APPROVE THE MINUTES OF SEPTEMBER 17, 1973 AS PUBLISHED.* Councilman Johanson noted a correction to be made in the last page under "Negotiating Committee." The change is from "Johanson" to "Sterling." The motion, as amended, then CARRIED.* Mayor Todd opened the Public Hearing at 8:03 p.m. There was no one present to speak either for or against the proposed rezone. Mr. Herb Lamb observed that Mr. Bowen was not present to speak in favor of this rezone and asked that Council amend the agenda to go on to the next item and refer back to this when Mr. Bowen arrives. MOVED BY CRAIN, SECONDED BY HILL, TO AMEND THE AGENDA AND GO ON TO ITEM 5 -B. CARRIED. Mayor Todd opened the Public Hearing at 8:04 p.m. Mr. Herb Lamb, 15447 53rd Ave. South, stated that he is one of four property owners involved in this rezone. He introduced the other property owners to Council and noted that the total area involved is approximately 72 acres. He stated that the property was believed to have been zoned RMH but upon filing a petition for a rezone, it was found to be zoned R -1. He stated that the properties involved are served by all utilities. He then noted the traffic growth and noise factor involved in thi: property and stated that he has been contacted by apart- ment owners in recent years, but that the noise level has been considered too high. Mr. Lamb stated that he felt the best functional advantage to the City would be to allow the rezone to C -2 and noted that the Planning Commission has recommended the rezone with Restrictive Covenants. Gary Crutchfield, Planning Technician read the Planning Commission's recommendations on the property. Mayor Todd closed the Public Hearing at 8:16 p.m. MOVED BY STEVENS, SECONDED BY CRAIN, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read an Ordinance re- classifying certain property from R -1 zoning to C -2 zoning within the City of Tukwila, Washington. MOVED BY STEVENS, SECONDED BY HILL, THAT ORDINANCE #809 BE PASSED AS READ.* Councilman Traynor asked that the Council be allowed to recess for 5 minutes in order to review the covenants. Mayor Todd called the recessed meeting back to order at 8:24 p.m. with all Councilmen present as previously listed. Councilman Crain questioned the fact that the covenants will expire in 1999. Gary Crutchfield stated that this was included as a possible part of the covenants by the Planning staff, and that it was left up to the discretion of the City Attorney in order to avoid another situation like VIP'S. Mr. Lamb again noted that the petitioners are in agreement with the covenants and time restrictions. Councilman Traynor noted that the time element does not take care of land clearing and vegetation. Councilman Hill asked if there were any plans for the development of this area. Mr. Lamb answering that there are no plans at this time but that the rezone would provide normal opportunities for sale. Councilman Johanson noted that the development must be approved by the Planning Commission and the appropriate City Departments. The motion then CARRIED.* TUKWILA CITY COUNCIL MEETING Page 2, PUBLIC HEARINGS cont. Proposed Rezone: Bowen Proposed Ord. Rezone Proposed Rezone: 7 -11 Ord. #810 7 -11 ORDINANCES E RESOLUTIONS Resolution #375 Designating Hydraulic Engineer September 24, 1973 480 Mayor Todd opened the Public Hearing at 8:30 p.m. Mr. LeRoy Bowen, 301 Lloyd Building, Seattle, stated that he was speaking for the other property owners in the area, and that the property is ideally suited to the proposed zone change. He then detailed the area on the map. Councilman Johanson asked if the Highway Department had imposed any restrictions on entering the property on the east side of 52nd. Mr. Bowen answering "yes There was no one who wished to speak against the proposed rezone. Mayor Todd closed the Public Hearing at 8:35 p.m. Gary Crutchfield, Planning Technician read the Planning Commissions recommendations on the property and noted that the Comprehensive Plan should be amended before passage of the Ordinance. Mr. Bowen noted that the property owners are in agreement with the restrictive covenants. City Attorney, Wayne Parker stated that the Comprehensive Plan would have to be amended and recommended that the proposed Ordinance be TABLED until the Comprehensive Plan has been amended. Councilman Sterling asked if the Council could give a notice of intent, at this time. Mr. Crutchfield stating that the Public Hearing would determine the ultimate use of the property. MOVED BY STEVENS, SECONDED BY STERLING, TO TABLE THE PROPOSED ORDINANCE UNTIL A PUBLIC HEARING HAS BEEN HELD ON THE COMPREHENSIVE PLAN. CARRIED. Mayor Todd opened the Public Hearing at 8:42 p.m. Gary Crutchfield, Planning Technician, made a map presentation of the involved property. There was no one in the audience wishing to speak for or against the proposed rezone. Mayor Todd closed the Public Hearing at 8:44 p.m. Gary Crutchfield read the Planning Commissions recom- mendations and noted that the zoning was an obvious non conformity. MOVED BY STEVENS, SECONDED BY HILL, TO READ PROPOSED ORDINANCE BY TITLE ONLY. CARRIED. Attorney Parker read the title of an Ordinance re- classifying certain property from R -1 zoning to C -2 zoning within the City of Tukwila, Washington. MOVED BY CRAIN, SECONDED BY JOHANSON, TO APPROVE ORDINANCE #810 AS READ AND IN ITS ENTIRETY. Councilman Stevens asked if there is a sewer line on the property. Public Works Director, Steve Hall stated that there is a fifty foot utility easement. Councilman Traynor asked who had applied for the rezone. Mr. Crutchfield stated that Mr. Ash has signed the petition. Councilman Sterling questioned the placement of the building in regard to the size of the property. Mr. Crutchfield answering that there is a ten foot set -back requirement. The motion then CARRIED. MOVED BY HILL, SECONDED BY STERLING, THAT THE PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read Resolution designating Phillip M. Botch E Associates as Engineers to conduct a Comprehensive storm drainage Plan review for the City of Tukwila within the area south of Minkler Boulevard and west of Andover Park East. Public Works Director, Steve Hall stated that the money is in the budget under "Professional Services" for the Comprehensive Storm Drain and noted that Mr. Botch has agreed with the price as noted. MOVED BY STEVENS, SECONDED BY HILL, TO PASS RESOLUTION #375 AS READ.* Councilman Sterling questioned the wording in paragraph 1. Attorney Parker stating that this is a standard form. Councilman Gardner asked if any one had contacted King County regarding changing the Comprehensive Plan. Mr. Hall stating that this would be done if the results of Mr. Botch's study deemed it necessary. Mr. Hall then read the recommendation from Jon Stack regarding the Comprehensive Drainage Plan. Councilman Hill asked if the fee couldn't be tied into the engineers cost when the line is completed. Mr. Hall noting that this does TUKWILA CITY COUNCIL MEETING Page 3, ORDINANCES RESOLUTIONS cont. Res. #375 cont. Res. #376 Proclaiming October "International Toastmistress Month" Ord. #811 Appropriating Monies into Current Fund Police Dept. CORRESPONDENCE CURRENT BUSINESS Letter: Huntington Re: one year limit- ation September 24, 1973 481 cover an extensive area. Councilman Hill noted that the Comprehensive Plan stated that two sixty inch lines are to go in questioned who is responsible for putting them in. Discussion followed regarding the original intention, under the terms of the agreement, in regard to the Segally Property. Mayor Todd stated that the City did not have any idea at the time of how the City would develop and that the study would show what lines are needed. Councilman Stevens stated that he thought the City should pay for the study because the City and not the owners, are requesting the study be made. Councilman Gardner stated that King County has indicated that another pipe will be added with the development of the P -17 Pump Station. Steve Hall stated that the study is necessary for the ultimate development of the City. Roll call vote brought 5 AYES: Hill, Johanson, Stevens, Traynor, Crain. 2 NOS: Gardner, Sterling. The motion then CARRIED.* MOVED BY HILL, SECONDED BY STERLING, THAT THE PROPOSED RESOLUTION BE READ. CARRIED. City Clerk, Shirlee Kinney read Resolution honoring International Toast- mistress Clubs Incorporated and proclaiming the month of October "International Toastmistress Month." MOVED BY HILL, SECONDED BY STERLING, TO ADOPT RESOLUTION #376 AS READ. The motion CARRIED with Councilman Stevens voting "no MOVED BY HILL, SECONDED BY STERLING, TO READ PROPOSED ORDINANCE BY TITLE ONLY. CARRIED. Attorney Parker read the title of an Ordinance appropriating grant money in sum of $2,831.00 into the Current Fund Police Department Account. MOVED BY STEVENS, SECONDED BY JOHANSON, TO EXCEPT ORDINANCE #811 AS READ AND IN ITS ENTIRETY. CARRIED. Councilman Sterling read A. letter from James S. Hunting- ton. The letter stated "I would like to ask for an extension of up to four years on the zoning of the Foremost property. The present time limit on the C -1 zoning is burdensum. Plans, that by necessity, would have to be hastily drawn, could not do justice to the area. Let alone trying to find the right tenants, imposed on us by the limitations in Ordinance #805." Mr. LeRoy Bowen, speaking for the Huntingtons, also requested that Council reconsider their previous action and allow the extension. He also noted that with the high interest rate, his client needs the latitude to effectively plan and build on the property. Gary Crutchfield, Planning Technician, noted that the Planning staff did not set any time limitation on the rezone. Mr. Huntington stated that he would like the four years to be able to develop plans worthy of the area. Discussion followed regarding the time limit. Councilman Hill suggested that they allow the four year extension but state that the building must be complete within 1 year from the starting date. Mayor Todd suggested that if the petitioner agrees, Council could allow the time limitation to be extended, providing that the area is graded and leveled and all weeds kept off the property Mr. Huntington agreed to this. Mr. Herb Lamb stated that he was concerned with the unsightly condition of the area and felt it would be in the best interest of the City if the land were cleared in a short time and allow four to five years for the development of the plans MOVED BY HILL, SECONDED BY CRAIN, THAT THE ATTORNEY DRAW UP AN ORDINANCE, AMENDING ORDINANCE #805, GRANTING A FOUR YEAR TIME LIMITATION, PROVIDING THE PROPERTY IS CLEARED OFF WITHIN 60 DAYS AND KEPT THAT WAY. The motion CARRIED with Councilman Gardner voting "no TUKWILA CITY COUNCIL MEETING September 24, 1973 482 Page 4, CORRESPONDENCE AND CURRENT BUSINESS cont. Approval of Easement: MOVED BY CRAIN, SECONDED BY STERLING, THAT THE PUBLIC Puget Power WORKS DIRECTOR GIVE A VERBAL DISSERTATION. CARRIED. Public Works Director, Steve Hall stated that Puget Power has requested a five foot easement around the City Shop site property. He then explained the need for this easement, and recommended that Council approve this easement. MOVED BY CRAIN, SECONDED BY HILL, TO APPROVE THE EASEMENT. CARRIED. Final Audit Report OLD BUSINESS Discussion R.C.W. 35.24.210 City Attorney Opinion: R.C.W. 35.24.220 City Attorney Opinion: Lease of Land and Building on Leased Land DEPARTMENT AND COMMITTEE COMMENTS Council Budget Councilman Johanson noted that the final Audit report has been received by the City and that the corrections were made. Councilman Traynor stated that he had been in touch with the Association of Washington Cities and the Municipal Research and Service Center of Washington regarding this RCW. He then read the correspondence he received from AWC, which stated "The vote of a simple majority of a common law quorum is not sufficient in all cases to pass legislation in a third class city. The purpose of this specific voting provision is to insure that at least a majority of the entire council membership of 7 are in favor of passage of local legislation, regardless of whether all seven members are present. For example, under this provision, even if only 4 council members were present at a meeting, they could pass an ordinance if they did so by voting unanimously in favor of its passage." Discussion followed regarding the Council meeting of August 6, whereby the Mayor cast the deciding vote on three seperate occasions when the Council voted two to two. Councilman Traynor requested that the City Clerk research the minutes of 1973 and note all Ordinances and Resolutions that were passed by less than a majority of four. MOVED BY JOHANSON, SECONDED BY STERLING, TO RECOGNIZE THE INTERPRETATION FROM AWC AND THE MUNICIPAL RESEARCH CENTER. CARRIED. City Attorney Wayne Parker read his letter regarding the legality of posting Ordinances rather than publishing in a newspaper. The letter noted that his opinion is based upon AGO 55 -57, No. 174, a copy of which is on file in the City Clerk's Office. Councilman Traynor noted that he would like to have an Ordinance drawn up allowing the City to post. Discussion followed between Council and the Attorney regarding posting versus publishing. The Attorney noted that the City can either post or publish, but cannot do both at the same time. Councilman Traynor stated that he would like to study this further and that he was willing to drop the matter at this time. City Attorney Wayne Parker read his letter which stated "Under the provisions of RCW 35.24.010 and RCW 35.24.300, a city of the third class may lease real property for a necessary or proper municipal purpose, which includes construction of police station facilities. An analysis of the law authorizing this is found in AGO No. 149." A copy of which is available in the City Clerk's Office. Councilman Sterling noted that the 1974 Budget has to be submitted and asked if Council had any additions or alterations. Councilman Johanson noted that Council should allow more money in the Travel Expense Fund. Councilman Hill questioned the budgeted $20.00 per meetin; and asked if this would now be a total of $80.00 per month. Mayor Todd noted that the law had been changed and the Council can vote to raise their pay. Councilman Johanson recommended that the 1974 Budget include Attorney's fees in sum of $7,000.00, for an Assistant Attorney, for Councils use. General discussion followed regarding Attorney's fees, after which it was concurred by Council that the Budget allocate $2,000 in Attorney's fees. TUKWILA CITY COUNCIL MEETING Page 5, DEPARTMENT AND COMMITTEE COMMENTS cont. Flood Control Record Chronicle Discussion: Future L.I.D. Meetings in closed session Administrative Assistant ADJOURNMENT 10:42 p.m. September 24, 1973 483 Councilman Gardner noted that he is in receipt of the final report from the County Wide Green River Flood Control District and that he will make copies available. Councilman Traynor noted that he is in receipt of a letter from the Record Chronicle. Attorney Parker stated that the City could settle with the Record Chronicle but still must settle with the Highline Times. He noted the action that had been taken to date and the procedures that must be followed. Councilman Sterling requested that the Attorney notify Council when the trial date is set. Councilman Crain requested that Attorney Parker send a letter to the Attorney represent- ing the Highline Times regarding the Record Chronicle's letter. Attorney Parker answering that he would do so. Public Works Director, Steve Hall discussed the possability of a future LID development in connection with the proposed King County Park. He then read a letter from Byron Sneva, Don Koll Northwest. The letter was in regard to sanitary sewer service Fio Rito Property and stated "The sanitary sewer and the water service to these areas have several features in the over all design and construction that make for a very difficult coordinating problem for each property owner, The use of an LID for the construction of these two facilities seems appropriate. I would appreciate your advice on the procedure to be followed in this regard. "He then read a letter from Theodore Mallory, Metro, regarding sewer service to South Area Park. The letter stated that "We have checked with the City of Renton engineering staff, and they advise that there are no special agreements required for construction of a sewer line within the City of Renton. Tukwila or the contracting agency will be required to obtain the standard street use or franchise permits for the work. Metro will, of course provide input as to a suitable connection point." Councilman Johanson stated that he is concerned over that small section that will not be serviced. Mr. Hall then asked Council concurrance in this matter. MOVED BY CRAIN, SECONDED BY STEVENS, TO PROCEED WITH THE PLANS. CARRIED. Councilman Sterling requested that the Negotiating Committee meet* with full Council, following the Council meeting. He also asked that a work meeting be set for Sept. 26, at 7:00 p.m. regarding LID #18. Public Works Director, Steve Hall stated that he has investigated the late commers agreement and that he has the figures available. Mayor Todd introduced Jim Fraser as the Administrative Assistant to the Mayor. MOVED BY HILL, SECONDED BY STEVENS, THAT THE MEETING ADJOURN. CARRIED. Frank Todd, Mayor 4 1 1 061;0.0/.e Shirlee A. Ki ey,