Loading...
HomeMy WebLinkAbout1974-02-04 Regular MinutesFebruary 4, 1974 8:33 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL ORDINANCES AND RESOLUTIONS Res. #412, In appreciation to Art Stevens for his services as Councilman Res. #413, Approving supplemental watershed work plan #3 Proposed ordinance Amending Comprehensive Land Use Plan (Todd) Proposed ordinance rezone from no desig- nation to M -1 (Todd) CORRESPONDENCE AND CURRENT BUSINESS College work -study agreement, park personnel Total s sa TUKWILA CITY COUNCIL Tukwila City Hall REGULAR MEETING Council Chambers M I N U T E S Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. GARDNER, STERLING, DAVIS, HARRIS, SAUL. MOVED BY GARDNER, SECONDED BY STERLING, TO EXCUSE COUNCILMAN TRAYNOR. CARRIED. MOVED BY STERLING, SECONDED BY DAVIS, THAT THE MINUTES OF THE REGU- LAR MEETING OF JANUARY 28, 1974 BE APPROVED AS WRITTEN. CARRIED. MOVED BY STERLING, SECONDED BY SAUL, THAT THE MINUTES OF THE PUBLIC HEARING CONCERNING CHANGING THE COMPREHENSIVE LAND USE PLAN AND THE PUBLIC HEARING CONCERNING A REQUEST TO REZONE BE APPROVED AS WRITTEN. CARRIED. MOVED BY STERLING, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED. Vouchers #2056 #2160 Current Fund #2056 #2114 Park Fund #2115 #2120 Emer. Empl. #2121 Street Fund #2122 #2137 City Shop #2138 Water Fund #2139 #2149 Sewer Fund #2150 #2160 LID #19 Cash 26 $975.00 Rev. R -21 $975.00 7,698.24 148.01 44.32 2,187.42 16,319.21 5,780.87 2,346.45 $34,524.52 MOVED BY GARDNER, SECONDED BY DAVIS, TO READ PROPOSED RESOLUTION. CARRIED. Attorney Parker read proposed resolution in appreciation to Art Stevens for his services as Councilman. MOVED BY DAVIS, SECONDED BY HARRIS, THAT RES. #412 BE ADOPTED AS READ. CARRIED. Councilman Gardner reported on the supplemental watershed work plan #3 and noted the changes in the revised plan. He stated it was the Public Works Comuuittee's recommendation the Council approve it. MOVED BY GARDNER, SECONDED BY STERLING, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed resolution approving supplemental watershed work plan agreement #3 between the City of Tukwila, King County Conservation District, Green River Flood Control Zone District, the County of King, State of Washington, and the Soil Conservation Service, United States Department of Agriculture by title only. MOVED BY GARDNER, SECONDED BY STERLING, THAT RES. #413 BE ADOPTED AS READ. CARRIED. Dick Hansen, Acting Planning Director, stated the property included in the proposed ordinance had been rezoned to M -1 in 1957 according to documents recently discovered by his department. He recouuuended the Council Table this matter and allow the Planning Commission to study it. He Stated it would appear Mayor Todd will be reimbursed $100 in rezone fees as a result. MOVED BY SAUL, SECONDED BY DAVIS, TO TABLE THIS MATTER FOR FUTURE CONSIDERATION OF THE PLANNING COM- MISSION. CARRIED. Dick Hansen reported that from the research on the prior proposed ordinance that this property had actually been rezoned M -1 since 1957 per the map recorded at that time. This application is in effect a redundancy. Mr. Ron Mettler commented that in the ten years he had been on the Planning Commission, he had believed this to be zoned M -1. Dick Hansen suggested Mayor Todd withdraw the request to rezone. Mayor Todd stated he then would withdraw the application and would take a position that the City owed him the $100 in fees. Mayor Todd read a letter from Richard Hunt, Recreation Supervisor, regarding a college work study agreement to hire a student from Highline College to run after school activities and summer programs at Tukwila Grade School and Foster Neighborhood Park. He then TUKWILA CITY COUNCIL MEETING February 4, 1974 Page 2 CORRESPONDENCE AND CURRENT BUSINESS Cont. College work -study agreement cont. Request Council approval: Segale 731 building project 5,3 explained the terms of the agreement. Steve Hall, Public Works Director, stated this program was similar to the Planning Depart- ment's work -study program with the University of Washington. He stated the funding for the City's share is available in the Budget and that this program should get underway now before school is out for the summer. Although the termination date is for June 30, 1974 there will be no problem in extending it through fall. Steve Hall recommended the Council approve the agreement. MOVED BY STERLING, SECONDED BY SAUL, TO APPROVE THE COLLEGE WORK -STUDY AGREEMENT.* Councilwoman Harris questionned the job description of work to be done and stated this program should include social activities for the older students. Steve Hall stated the program is aimed at people of all ages, but mainly high school age and down and includ- ing arts and crafts as well as recreation. %'CARRIED. Steve Hall, Public Works Director, gave a map presentation and explanation of the office and warehouse project to occupy 2.5 acres; "so far, the plans have met with all required City criteria. The water and sewer requirements will be approved in a separate permit, and the storm drainage is still adequate to include this project. The staff recommends approval of this permit." Councilman Sterling asked how this property is affected by the Shorelines Management Act. Steve Hall replied that it is located out of the jurisdiction of that agency. Councilman Saul asked if this situation would affect the pending law suit in any way. Attorney Parker stated we will soon be reaching the depletion point of storm drainage capacity He concurred with the Mayor's recommendation "that there be a public hearing and also that, based upon information obtained at that meeting, the Council then put a stop to all issue of building permits in that area until the problem can be resolved." Mayor Todd stated "inasmuch as Mr. Segale has had the plans in for a permit for nearly three months now, I don't feel it fair for the Council to cut these permits off, if they accept my recouuuendation, and cut Mr. Segale off. I think it's fair to approve this permit. I have written a letter to the City Attorney suggesting that since we are involved in this half a million dollar law suit, we should take a position to cease to issue any more permits in this flood zone until the parties involved in the flood plane seek an agree- ment to get the issue solved before one or two of the principals are finished with the City and gone and Mr. Segale and the City of Tukwila are left to spend some $400,000 for the rest of the storm drainage to bring it up to the Comprehensive Plan." Councilman Saul asked if a public hearing is necessary to do this. Mayor Todd answered he felt the Council could do it by Motion, but then they should inform the public of the decision as well as those involved in the area. A discussion followed regarding the drainage capacity of the area. Mayor Todd then stated the City has been made aware of a private storm drainage easement on record and asked Steve Hall to explain its location on the map. Councilman Sterling asked if the City is responsible for issuing building permits to build over the private easement. Steve Hall replied the City is not required to research or conduct title searches over it, only required to have a legal description of the property. Attorney Parker stated the City has no responsibility or authority for the easement. Coun- cilman Sterling asked if the City would weaken its position in the suit if we were to add more drainage south of 180th onto another system put in by another company. Attorney Parker replied he did not know what effect it would have on the law suit, but he would not like to see the Council discontinue issuing any further building permits after a hearing to determine the facts whether this is right or wrong. "This will give us a little slack in case someone who wants to build, we will still have 20 acres if they take us to court for a permit. If we use up the 20 acres and someone takes us to court for a permit, then we have nothing and what will happen then. If we have the 100 -year storm we are in theory planning for and everything is flooded out in that area, the City will be liable for the damage. This is why we must prepare for additional drain- age before it's too late." Councilman Gardner asked how many more permit applications there are now. Steve Hall answered there are none. Discussion followed concerning the decision to stop all building permits issued in the area. Steve Hall then pointed out TUKWILA CITY COUNCIL MEETING February 4, 1974 Page 3 CORRESPONDENCE AND CURRENT BUSINESS Cont. Segale 731 Building project Cont. RECESS AND CALL TO MOVED BY HARRIS, SECONDED BY SAUL TO RECESS. CARRIED. Mayor Todd ORDER 9:25 P.M. 9:37 called the meeting to order with all Councilmembers present as P.M. previously listed. Agreement for engineer MOVED BY STERLING, SECONDED BY DAVIS, TO ACCEPT AN AGREEMENT FOR ing services, traffic ENGINEERING SERVICES FOR STRANDER BLVD. SIGNALS FOR CITY OF signals Strander Blvd. TUKWILA.%° Councilman Saul inquired what type of signal installation Andover Park E. would be used. Steve Hall replied they would be similar to the aluminum poles with cantilevered signals used at So. 180th and West Valley Highway. Councilman Sterling asked when the project will be completed. Steve Hall replied the contract documents will be ready in 45 to 60 days and that delivery of materials will be delayed 6 to 8 months. Mayor Todd asked if a temporary signal could be in- stalled when the fire station is opened. Steve Hall stated $2,000 would be required which we do not have, but that materials are available. He stated he would check on an estimate to report to the Council at the next regular meeting, and that a temporary installa- tion could be ready within a month using available used parts. He stated there is a chance to find extra funds since the bid for the permanent signal was low. *CARRIED. Claim for damages: Owen R. Mulkey Richard L. Angehrn Ralph M. Eskenazi OLD BUSINESS Bid awards: 1/2 ton van, VHF radios, CMF Compressor NEW BUSINESS Call for bids: Small riding tractor rotary mower and self propelled striping machine S8 an existing creek that flows into a natural ponding area the creek would have to be re- channeled and the ponding area would be destroyed. This would hold up Doce's plans as well, since it will affect the drainage in the area. Mayor Todd stated that to put a stop to issuing permits would get a desired immediate response from the participants in the suit and bring about an agreement. Council- man Sterling stated he would go along with Attorney Parker's recom- mendation. Attorney Parker stated the City would be in a better position to approve this permit and then by resolution stop all following permits, and this would remove any doubt of descrimination Mr. Mario Segale stated he is now committed to tenants in the plan- ned third and fourth buildings which yet have not applied for the building permits. We are assuming until all the 26 acres are used there is land available, and if you stop building permits now, its not our way, but you have one law suit, you should consider the fact you may have others. Attorney Parker stated in answer that we still have the capacity to do so. "Suppose we use this 20 acres up, and the court says give him a permit, then there's no further drain- age capacity and if we have a flood there's going to be some pro- blems." Mr. Segale recommended a complete study of what has been done and by whom to bring everyone up to date on how we got into this position we are in today. Councilman Sterling stated the Council should approve the permit for Mr. Segale's 2.5 acres on the basis of the City Attorney's opinion that it will not weaken the lawsuit. MOVED BY HARRIS, SECONDED BY GARDNER, THAT THE SEGALE 731 BUILDING PROJECT PERMIT BE APPROVED. CARRIED. MOVED BY SAUL, SECONDED BY HARRIS, TO AMEND THE AGENDA TO INCLUDE ADDITIONAL CLAIM OF RALPH M. ESKENAZI. CARRIED. MOVED BY SAUL, SECONDEDBY DAVIS, TO REFER THE THREE CLAIMS SUBMITTED TO THE INSUR- ANCE CARRIER OF THE CITY. CARRIED. Steve Hall, Public Works Director, read his letter addressed to Councilman Traynor reviewing the results of bid openings on the 1/2 Ton Van, VHF radios, and CMF Compressor. MOVED BY STERLING, SECONDED BY GARDNER, TO GRANT BID AWARDS AS STIPULATED BY THE PUBLIC WORKS DIRECTOR'S RECOMMENDATION. CARRIED. City Clerk Shirlee Kinney read the call for bids notice for the small riding tractor rotary mower and for a self propelled strip- ing machine. Mayor Todd stated both bid items are budgeted and approved. MOVED BY DAVIS, SECONDED BY SAUL, TO CALL FOR BIDS FOR SELF PROPELLED RIDING TRACTOR AND ROTARY MOWER AT 3:15 P.M. AND FOR SELF PROPELLED STRIPING MACHINE AT 3:00 P.M. IN THE OFFICE OF THE CITY CLERK FEBRUARY 27, 1974. CARRIED. TUKWILA CITY COUNCIL MEETING February 4, 1974 Page 4 NEW BUSINESS Cont. Vehicle for Mayor's use Sammamish Commercial Developers Agreements RECESS AND CALL TO ORDER 10:26 P.M. 10:34 P.M. AUDIENCE COMMENTS Councilman Traynor's absence and Councilman Stevens' vacancy Public Safety Meeting Investment Committee Mayor's announcements Councilman Sterling explained the Council had discussed providing gas and /or transportation for the Mayor and the many meetings and functions of the office. The Council has been requested to look into this again. He stated there is no car available in the City for this purpose at the present time. Councilman Sterling suggest- ed the Councilmembers come up with some suggestions in the next week. Mayor Todd stated he felt the City could afford, for example, a Pinto for the Mayor's office which is reliable and economic trans- portation. Councilman Gardner stated he had requested this subject on the agenda in order to inform the Council of the Whole of all the as- pects of the case. Councilman Sterling suggested this discussion be set aside and continued on Tuesday since it is a serious matter and the Council should be informed of everything available to them. Attorney Parker stated since the case involves public documents, the Council's discussion of these documents should not jeopadize the suit. Councilwoman Harris pointed out only Committee members have copies of these documents. Mayor Todd suggested the City Attorney should be in on any discussion of the suit since new evidence may be discovered. Attorney Parker stated he had read these documents many times and felt it is not necessary for him to review them again. MOVED BY STERLING, SECONDED BY HARRIS, TO CONTINUE DISCUSS- ION BY THE COUNCIL OF THE WHOLE AT A REGULAR MEETING AT 8:00 P.M., TUESDAY, FEBRUARY 5, AT THE CITY SHOPS.* Discussion followed as to the legality of the meeting since 24 hours notice could not be given to the public. *MOTION WITHDRAWN. MOVED BY STERLING, SECOND- ED BY SAUL, TO MEET AS THE COUNCIL OF THE WHOLE WEDNESDAY, FEBRUARY 6 AT 8:00 P.M. IN THE COUNCIL CHAMBERS. CARRIED WITH COUNCILWOMAN HARRIS VOTING NO. Mayor Todd called a recess for the Councilmembers to caucaus on the meeting requirements. Mayor Todd called the meeting to order with all Councilmembers present as previously listed. MOVED BY STERLING, SECONDED BY SAUL, TO AMEND THE MOTION TO HOLD A SPECIAL MEETING TO DISCUSS SAMMAMISH COMMERCIAL DEVELOPERS AGREE- MENTS AND RELATED INFORMATION AT 8:00 P.M. WEDNESDAY, FEBRUARY 6 IN THE COUNCIL CHAMBERS. CARRIED. Councilman Gardner asked for the City Attorney's opinion. Attorney Parker stated the Council could hold a Special Meeting for this purpose and read from the Code. Councilman Sterling stated he would hand deliver a notice of the meeting to TV stations and newspapers in order to comply with noti- fication requirements. Councilwoman Harris stated she "would like Attorney Parker to be present at the Special Meeting since the Attorney's duty is to advise the Council." Attorney Parker stated he was now behind on the interrogatories, but that he would be present at the Wednesday meeting although he objected to the long hours of these evening meetings. Councilwoman Harris stated the Attorney is receiving a nice salary and the Councilmembers are donating their time. Mary Lehto, Record Chronicle, asked if Councilman Traynor had noti- fied the Council of his reason to be absent and if there are plans to fill Councilman Stevens' vacant seat. Councilman Sterling re- plied Councilman Traynor was meeting a train and that the Council had not as yet received applications for the vacancy. Councilwoman Davis announced a Public Safety Committee Meeting for Tuesday, February 5 at 7:30 P.M. at the Fire Station. Councilman Saul stated the Investment Committee had met and he would give his report at the next regular meeting. Mayor Todd stated he had a copy of the Shorelines Master Program and recommended the Council look at it this week to prepare for agenda discussion at the next regular meeting. TUKWILA CITY COUNCIL MEETING February 4, 1974 Page 5 AUDIENCE COMMENTS Cont. Mayor's announcements Mayor Todd stated he had a file of Legislative Bulletins from Cont. Olympia which would be available for anyone to read in his office. ADJOURNMENT 10 :50 P.M. Mayor Todd stated he had received some complimentary letters regarding the fine performance of the Tukwila Police Department. MOVED BY STERLING, SECONDED BY SAUL, THAT THE MEETING ADJOURN. CARRIED. ATTEST: Frank Todd, Mayor 4 Ki Shirlee A. Kinney, City Clerk se 6