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HomeMy WebLinkAbout1974-01-21 Regular MinutesJanuary 21, 1974 TUKWILA CITY COUNCIL 8:00 P.M. REGULAR MEETING FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL ORDINANCES AND RESOLUTIONS Ord. #837, Creating LID #25 Res. #410, Retaining Stevens, Thompson Runyon, Inc. as Engineers Vouchers #1988 #2055 Current Fund #1988 #2029 Park Fund #2030 #2037 Emer. Empl. #2038 #2039 Street Fund #2040 #2046 Water Fund #2047 #2050 Sewer Fund #2051 #2055 Total LID #19 Cash 24 Rev. R -19 Cash 25 Rev. R -20 LID #22 Cash 10 Rev. R -6 M I N U T E S $2,565.00 2,565.00 12.00 12.00 2,393.72 2,393.72 ,571 Tukwila City Hall Council Chambers Mayor Todd led the Pledge of Allegiance and called the meeting of Tukwila City Council to order. GARDNER, TRAYNOR, DAVIS, HARRIS, SAUL. MOVED BY DAVIS, SECONDED BY HARRIS, TO EXCUSE STERLING. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL TO EXCUSE STEVENS. ROLL CALL VOTE: 2 AYES TRAYNOR, SAUL; 3 NOS GARDNER, DAVIS, HARRIS. MOTION FAILED. Mayor Todd pointed out that neither Councilman Stevens nor Councilman Sterling had called in to be excused prior to the meeting. Councilman Sterling arrived at 8:10 P.M. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT THE MINUTES OF JANUARY 14, 1974 BE APPROVED AS WRITTEN. CARRIED. MOVED BY TRAYNOR, SECONDED BY GARDNER, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED. $18,868.17 675.19 276.70 1,231.87 459.96 7,423.22 $28,935.11 MOVED BY TRAYNOR, SECONDED BY SAUL, TO READ PROPOSED ORDINANCE BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance order- ing the construction and installation of access street, sanitary sewer trunks, force mains and lift stations and water mains, all in accordance with City standards within an area adjacent to the Green River lying east of Interurban Avenue and north of State Highway No. 405, pursuant to the property owners' petition; establishing Local Improvement District No. 25; providing that payment for said improvement be by special assessments on property in said district payable by the mode of "Payment By Bonds and providing for the issuance and sale of Local Improvement District warrants redeemable in cash and Local Improvement District bonds. MOVED BY GARDNER, SECONDED BY TRAYNOR, TO ADOPT ORD. #837.* Councilman Traynor asked for a clarification of the area. Steve Hall, Public Works Director, gave a map presentation reviewing the LID area and facilities. He noted there are no grants involved and the cost would be assumed by the petitioners on a pre- arranged agreement. *CARRIED. MOVED BY TRAYNOR, SECONDED BY HARRIS, TO READ PROPOSED RESOLUTION. CARRIED. Attorney Parker read proposed resolution designating Stevens, Thompson Runyon, Inc. as Engineers to design automatic signals for Andover Park East and Strander Blvd. intersection. MOVED BY HARRIS, SECONDED BY GARDNER, TO ADOPT RES. #410 AS READ.* Councilman Traynor asked where the money for this project is coming from. Steve Hall stated this money is within the Budget. Council- man Saul inquired as to the estimated cost. Steve Hall answered approximately $30,000 complete with automatic switching for fire vehicles. Mayor Todd asked about the estimated time of completion. Steve Hall stated about 8 months. Mayor Todd then asked when vehicles will be moving out of the new fire station. Steve Hall stated the new fire station should be complete by June or July. Councilman Sterling asked how this particular engineering firm was selected. Steve Hall replied this firm has before worked in the T.O.P.I.C.S. Program and is familiar with the City's requirements. All engineering firms are chosen on a rotation basis from a list of Tukwila City Council Meeting Page 2, ORDINANCES AND RESOLUTIONS Cont. Res. #410 Cont. Res. #411, Approving expenditures for Foster Neighborhood Park Proposed ordinance Implementing the Comp. Park Recrea- tion Plan as adopted by Ord. #546 by the adoption of the 6 Year Park Recreation Program Proposed ordinance Amending the Comp. Plan as adopted by Ord. #484 re: Park Recreation Program CORRESPONDENCE AND CURRENT BUSINESS Letter: Puget Sound Governmental Conf. Balanced Community Housing Policy Report January 21, 1974 70 firms available to the cities. Councilman Traynor stated there are many intersections in the City in need of signalization why is this intersection being considered first. Steve Hall stated because of the vehicles moving from the fire station and because recent traffic counts have indicated increased hazard. *CARRIED, WITH COUNCILMAN TRAYNOR VOTING NO. MOVED BY TRAYNOR, SECONDED BY STERLING, TO READ PROPOSED RESOLUTION. CARRIED. Attorney Parker read proposed resolution approving expend- itures for Foster Neighborhood Park. MOVED BY TRAYNOR, SECONDED BY DAVIS, TO ADOPT RES. #411 AS READ.* Councilwoman Harris questioned funding sources. Richard Hunt, Recreation Supervisor, explained this money is revenue sharing funds from last year which were transferred to 1974 for this purpose. *CARRIED. MOVED BY TRAYNOR, SECONDED BY HARRIS, TO READ PROPOSED ORDINANCE. CARRIED. Attorney Parker read proposed ordinance implementing the Comprehensive Park Recreation Plan for the City of Tukwila as adopted by Ord. #546, by adopting a 6 Year Capital Acquisition and Improvement Program for Parks and Recreation. MOVED BY HARRIS, SECONDED BY STERLING, TO ADOPT PROPOSED ORDINANCE AS READ.* Council- man Traynor stated by adoptiing this ordinance we would then have to amend the Comprehensive Plan in order to removed the proposed City Hall site as stated in Ord. #546. Councilwoman Harris stated it is her understanding that the proposals in these plans are not binding in every detail; therefore, the stated City Hall site should not be viewed as a binding site, only as a suggestion. Councilman Saul stated it was the general opinion of the Planning Commission that the Comprehensive Park Plan was not a Comprehensive Park Plan but rather a study. At the last meeting of the Planning Commission, Gary Crutchfield stated he is preparing a summary of these plans and how they connect, but here we obviously are not doing this we are doing something entirely different. Councilman Sterling stated the Council is actually attaching the 6 Year Acquisition Plan to Ord. #546. Mayor Todd stated some view Ord. #546 as not legal because a public hearing was never held before the Planning Commission. Attorney Parker suggested tabling this ordinance for the time. He explained Ord. #546 is presumptively valid, but if it were challenged in court, it would not hold up. To attach any item to Ord. #546 would endanger than item as well. He suggested attaching this pro- posed ordinance to the next item (an ordinance amending the Compre- hensive Plan as adopted by Ord. #484). Councilman Traynor stated that by adopting this Park Plan, we could possibly delay progress on selecting a City Hall site through more public hearings to amend the Comprehensive Plan. Discussion on several different sites followed. *ROLL CALL VOTE: 3 AYES STERLING, DAVIS, HARRIS; 3 NOS GARDNER, TRAYNOR, SAUL. MOTION FAILED FOR LACK OF MAJORITY. MOVED BY TRAYNOR SECONDED BY STERLING, TO POSTPONE DISCUSSION ON PROPOSED ORDINANCE UNTIL NEXT REGULAR MEETING OF JANUARY 28. Mayor Todd pointed out the measure had failed and cannot now be postponed. MOTION AND SECOND WITHDRAWN TO POSTPONE. MOVED BY TRAYNOR, SECONDED BY SAUL, TO READ BY TITLE ONLY. ROLL CALL VOTE: 3 AYES GARDNER, TRAYNOR, SAUL; 3 NOS STERLING, DAVIS, HARRIS. MAYOR TODD BROKE THE TIE VOTE WITH A "NO" VOTE. MOTION TO READ PROPOSED ORDINANCE FAILED. Councilman Traynor read a letter from Mr. John B. Lampe, Deputy Director, P.S.G.C., proposing a presentation of their housing work in the City of Tukwila. Councilman Sterling objected to the proposal in the letter stating the Council has made its feelings on Federal Housing Programs well known in the past. Mayor Todd stated if members of the couuuunity are interested as Tukwila Action Commi- tee says it is, a meeting should be held just to know what they have to say. Councilman Sterling stated he would not like to give these people the impression that the City is interested in implementing any kind of housing programs. He would agree to an informational meeting before the Council. Councilwoman Harris state her agreement with Councilman Sterling, stating this is the first the Council has heard of the Report and it would be a disservice to throw this out Tukwila City Council Meeting Page 3, CORRESPONDENCE AND CURRENT BUSINESS Cont. P.S.G.C. Letter Cont. Change in P.S.G.C. Meeting date RECESS AND CALL TO ORDER OLD BUSINESS RECESS AND CALL TO ORDER January 21, 1974 s73 before the community without a little study. Councilman Traynor stated it is not possible to hold an Executive Meeting or any closed door meeting on this, but we should hear what they have to say. Mayor Todd stated the phrase "due process" in the letter indicated a public hearing. Councilman Sterling stated a work meeting of the Council is open to the public. Councilman Saul, addressing Council- man Sterling, stated if we hold a meeting it seems reasonable the representative will give his talk I don't understand how this will set things in action. Councilman Sterling stated he is sus- picious that any public meeting will be classified as a public hearing and in turn, be the only requirement to be met to set up some kind of Federal Housing Authority system in the City. The Council has left no doubt in their mind before that we did not want this in the City. Councilman Traynor suggested writing a letter to Mr. John B. Lampe that a work meeting could be held for discussion but that no public hearing will be considered. Councilman Sterling agreed. In replying to Mayor Todd's question, Councilman Traynor stated the meeting will be advertised in the paper to comply with the open meeting law. MOVED BY STERLING, SECONDED BY DAVIS, TO SEND A LETTER TO P.S.G.C. TO MEET WITH THE COMMITTEE OF THE WHOLE FEBRUARY 19, 1974 AT 7:30 P.M. AT CITY HALL AND TO ADVERTISE SAID MEETING IN THE PAPER. CARRIED WITH GARDNER VOTING NO. Councilwoman Davis stated she did not like the time on this and felt pressured. Motion later changed to: MOVED BY TRAYNOR, SECONDED BY STERLING, TO SET THE COUNCIL WORK MEETING FOR DISCUSSION WITH P.S.G.C. FOR FEB- RUARY 12, 1974 AT 7:30 P.M. AT THE FIRE STATION. CARRIED. Mayor Todd called a five minute recess at 9:05 P.M. and called the meeting back to order with all Council Members present as previously listed at 9:10 P.M. Appeal by Benaroya Mr. Jerry Hillis, representing Jack A. Benaroya Co., stated a land Co. light standard use decision is difficult based on your own discretion. The tenants have indicated they have a lighting problem. The property owners wish to make it safer and a better place to do business. Benaroya would be the first to see the facility is aesthetically pleasing and would be first to suffer if it were not. The light standard would not be interferring with other property owners, it does not constitute a "beacon" and the height is not a real issue. It is true that information on standards for the City is difficult to find but he requests a favorable action by the Council on this. Council- woman Harris asked to see an illustration of the light. Mr. Hillis stated the architect, being present at the meeting, would provide one. Councilwoman Harris then asked to see the documents as reviewed by the Planning Commission and asked if Benaroya would consider lower lights or other alternative measures. Mr. Hillis provided the documents and answered that alternatives had been studied and those measures would take up parking stalls and cause wiring complications. Mayor Todd called a five minute recess at 9:22 P.M. and called the meeting back to order with all Council Members present as previously listed at 9:27 P.M. Mr. Hillis stated he had just seen a letter from the Planning Depart- ment which read as an attempt at a legal opinion, which it is not, and objected that he had not received a copy of the letter. He disagrees that this light will set a precedent and the consideration of the installation was not a "willy -nilly proposition These lights are very expensive and no other type of building development in the City at this time requires this type of lighting. Councilman Traynor stated he had read in the Municipal Code the definition of "building" and "structure" and this lighting facility may be a vari- ance. Councilwoman Harris asked if the Council would consider seek- ing a legal opinion whether this is a variance situation. Mayor Todd agreed the situation may be at the point now where it is a legal question. He recommended the Council refer the matter to the City Attorney. MOVED BY HARRIS, SECONDED BY DAVIS, TO REFER THE APPEAL BY BENAROYA CO. TO THE CITY ATTORNEY. CARRIED. Tukwila City Council Meeting Page 4, NEW BUSINESS January 21, 1974 5 7 4 Notice of Special Councilman Traynor read the Notice of Special Meeting by the City Meeting City Hall Council on February 13, 1974 at 7:30 P.M. in the auditorium of the Sites Tukwila Elementary School to consider the Planning Commission's recommendations of City Hall site. Claim for damages Mayor Todd asked for the current status on this claim. City Clerk Mr. Leo Shahon Shirlee Kinney stated this letter constituted a Claim if so agreed by the City Attorney. Attorney Parker stated the letter does not meet the required form for a Claim and it has not been verified. The City Clerk was directed to send the proper forms to Mr. Shahon. Mary Lehto, Record Chronicle, asked for an explanation of the letter. Steve Hall explained to Mr. Lehto and the Council the situation which led to Mr. Shahon's claim. Councilwoman Davis stated the remarks regarding Patrolman Connor's assistance to Mr. Shahon were very com- plimentary to the Police Department and also reflected well on the City. DEPARTMENT AND COMMITTEE REPORTS City Attorney Police Department Public Works Planning Department Attorney Parker stated Judge Mifflin has ruled in the suit brought by the Highline Times against the City of Tukwila; that the City shall pay Highline Times the amount that has been billed so far and in the Summary Judgment with the Record Chronicle, the City shall pay for publications up to the time the Record Chronicle refused to take further publications and pay the Record Chronicle at the rate of the low bid of the Highline Times. The City of Tukwila shall ask for new bids from responsible bidders both newspapers being responsible bidders and let the bid to the lowest bidder. Chief John Sheets reported that the Foster Neighborhood Park is out- side the City limits and that City Police protection would not cover the Park. The City Council should make arrangements for protection and insurance. Steve Hall stated that Gary Crutchfield of the Plan- ning Dept. is researching this matter with the Boundary Review Board at the present time for possible annexation. Steve Hall, Public Works Director, stated he received a letter from Metro Sewer Advisory Coiiu«ittee and they are requesting formal action for an appointment through the City Council for a representative to this body. He also invited all Council Members to his office to view the City's facilities and the new City Shop. Steve Hall, Acting Planning Director, stated that under the circum- stances of the smaller staff, Gary Crutchfield and Dick Hansen are doing a commendable job. Public Works Councilman Gardner, Chairman, stated there had been a problem with Committee the West Andover Lift Station, but this had now been cleared ap. He announced a meeting to be held by the Soil Conservation Service January 23, 7:30 P.M. at the General Electric Distribution Center to discuss P -17. Public Safety Councilwoman Davis, Chairman, reported a Public Safety Meeting will Committee be held January 24 at 7:00 P.M. at the Fire Station. Councilwoman Davis asked for a legal opinion from Attorney Parker whether or not she should vote on the City Hall site after having made comments as a citizen at the Planning Commission meeting. Attorney Parker stated if she has no personal or financial interest in the selection, then go ahead and vote. The fact that she had served on the Planning Couuuission or made public comment does not disqualify her. Councilwoman Davis stated her comments and feelings were given at the meeting as a citizen and did not want a conflict as to her vote as a Council Member. Attorney Parker, using an example of a jury member, stated one must keep an open mind on all information received and by being a member of the City Council, one would receive any and all information on which to base a decision. She would not necessarily have to be disqualified from voting merely by stating her own opinions on the matter. Councilwoman Davis then asked for his opinion in writing. Attorney Parker answered no, that the record of the Council Minutes would suffice. Tukwila City Council Meeting Page 5, DEPARTMENT AND COMMITTEE REPORTS Cont. Public Safety Committee Cont. Community Affairs Committee APPOINTMENTS 57s January 21, 1974 Councilwoman Davis stated a letter had been received by the Council from Mr. Regal and asked if the letter had been answered. Council- man Sterling stated he had spoken to Mr. Regal personally regarding the questions in his letter. Councilwoman Harris, Chairman, reported the Cotiuuittee had met January 15 at 5:30 P.M. and decided to meet in the future on Wednes- days at 7:30 P.M. when there is business to consider. The Conuuittee decided an ordinance on the 6 Year Capital Improvement Plan be submitted to the Council. We recommend an ordinance be pre- pared to adopt the Comprehensive Park Recreation Program to the Land Use Plan as an element. It is also suggested that the Finance and Personnel Committee study and recommend means to fund capital improvement programs for the parks. Councilwoman Harris then recommended consideration of a research intern for the City Council from the University of Washington. The program is funded by a grant from the U. of W. She then thanked the Public Works Department for their reports. Regarding discussion of ordinances and resolutions, there should be a request from the table to invite public comments on these and all other agenda items. As stated in Ord. #509, it is the duty of the Presiding Officer to provide discussion from the floor. Mayor Todd stated the point is well taken and that the audience may stand and be recognized to make conuuents at any time and is urged to do so. Metro Sewer Advisory Mayor Todd appointed Steve Hall as representative of the City of Committee Tukwila to the Metro Sewer Advisory Committee subject to ratification by the City Council. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT STEVE HALL BE DESIGNATED AS REPRESENTATIVE TO METRO SEWER ADVISORY COMMITTEE. CARRIED. AUDIENCE COMMENTS City Council procedure ADJOURNMENT 10:08 P.M. Mary Lehto, Record Chronicle, asked about the status of the proposal to change City Council meeting procedures as discussed at the pre- vious Council meeting. Councilman Traynor stated the Committee of the Whole will take up the discussion February 20 at 7:30 P.M. to consider the proposal. This will be a work meeting. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT THE MEETING ADJOURN. CARRIED. ATTEST: Frank Todd, Mayor 1 Shirlee A. Kinney, City Clerk,! k�c