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HomeMy WebLinkAbout1974-04-08 Regular MinutesApril 8, 1974 TUKWILA CITY COUNCIL REGULAR MEETING MINUTES Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. 8:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL ORDINANCES AND RESOLUTIONS Ord. #856 (4 -1 -74) Veto by Mayor Ord. #857, Amending sections of TMC 14.16 re: Multi- tenant commercial and industrial unit sewage charges Ord. #858, Accepting donation for Aid Car Res. #420, Retaining Harstad Associates for Inflow and Infiltration studies Attorney Parker arrived at the meeting at 8:07 P.M. G jG Tukwila City Hall Council Chambers STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON. MOVED BY STERLING, SECONDED BY JOHANSON, THAT COUNCILMAN GARDNER BE EXCUSED. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MINUTES OF THE REG- ULAR MEETING OF APRIL 1, 1974 BE APPROVED AS PUBLISHED. CARRIED. Councilman Traynor read a letter of Veto from Mayor Todd, stating reasons for the Veto action. (See Attachment "A MOVED BY HARRIS, SECONDED BY DAVIS, TO SET A REGULAR MEETING OF THE COUNCIL TO RECONSIDER ORD. #856. Mayor Todd questionned this action; Attorney Parker stated the Council must act at this time. Councilman Johanson stated the council wished to Table the Ordinance until the statements in the Mayor's letter are investigated and then vote on it again later. Attorney Parker checked the legal requirements for action and stated the Council cannot Move to Table until it Moves to override the Veto; while the Motion to override is pending, the Council can then Move to Table. Mayor Todd stated the Chair rules the Motion before the Council out of order and will accept a Motion to override the Veto. Attorney Parker stated if no action to override is taken, then the Ordinance will remain Vetoed. Councilman Johanson stated the Council will accept the Veto and will resubmit a re- vised ordinance dealing with Council procedures at a later date. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance amending sections of Chapter 14.16 of the Tukwila Municipal Code to define Multiple Tenant Commercial and Industrial Unit sewage service and to change the sewage service rates. MOVED BY TRAYNOR SECONDED BY SAUL, THAT ORD. #857 BE ADOPTED AS READ.* Council- man Sterling asked if Section 6 would penalize a company for summer watering. Steve Hall, Public Works Director, stated the rate is not changed if the water is metered. *CARRIED. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance accept- ing a gift of $25.00 donated by Mr. Mrs. Bill Wiese for use in equipping the Fire Department Aid Car. The Council and Mayor Todd expressed appreciation for the donation. MOVED BY DAVIS, SECONDED BY JOHANSON, THAT ORD. #858 BE ADOPTED AS READ. CARRIED. Steve Hall, Public Works Director, reported 5 engineering firms had submitted cost proposals on the Inflow and Infiltration studies. E.P.A. has required this information on sanitary sewers and storm drainage as a prerequisite for any future grants on such projects. He further explained the details of the study. The 5 firms are: Hill, Ingman Chase; Delta Engineers; Wilsey Ham; Harstad Associates; Philip M. Botch Associates. The lowest proposal was submitted by Harstad Associates at $3,500 minimum to $5,000 maximum. The Public Works staff recommends Harstad Associates and this cost is budgeted for the studies. The recommendation was made on the basis of cost as all 5 firms are equally qualified for the project. MOVED BY HARRIS, SECONDED BY JOHANSON, TO REFER PROPOSED ORDINANCE TO PUBLIC WORKS COMMIT- TEE FOR FURTHER STUDY.* Councilman Saul stated the Department Heads have made an evaluation of this and all we need to do is vote; if this firm meets the qualifications, I will go with the recommendation of Steve Hall. Councilman Johanson stated there is no harm in looking over the proposals in Committee. *ROLL CALL VOTE: 2 AYES HARRIS, JOHANSON; 4 NOS STERLING, TRAYNOR, DAVIS, SAUL. MOTION FAILED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RES. #420 BE ADOPTED AS READ. ROLL CALL VOTE: 4 AYES STERLING, TRAYNOR, DAVIS, SAUL; 2 NOS HARRIS, JOHANSON. CARRIED. TUKWILA CITY COUNCIL MEETING April 8, 1974 Page 2 CORRESPONDENCE AND CURRENT BUSINESS Agreement for and issuance of building permit Doce's and Lincoln Properties 667 Attorney Parker reported on the agreement and noted two changes in Paragraph 23. Steve Hall reported that at the Special Meeting of the Council on April 4, the storm drainage problems were dis- cussed with the use of maps as illustration. Councilman Sterling asked if the pending law suit will be affected in any way by issuance of the agreement and building permit. Attorney Parker stated the parties can attempt to blame the City for any further problems, but the area under this agreement is served by LID #13 and the owners have paid for their drainage facilities. Council- man Sterling stated he felt this development was in compliance with the Comprehensive Plan. Steve Hall referred to Council his letter of March 27 to Barney Ruppert, stating the requirements for building permits in this part of the City. Mayor Todd asked if the overflow from the 60" line from the creek would be placed in the pond. Steve Hall stated the water will go into the 60" line; to take care of the excess, we would hope to be allowed to have a place for the water to stand. Mayor Todd stated all the warehouses in Andover Park stand 30" above ground level and that all the land area there is a ponding area, including streets and parking lots. Steve Hall stated the backup water is not that intensive and it should be able to flow without backing up. Councilwoman Harris questionned Paragraph 20 as to any grants at this time. Steve Hall stated a grant has been issued through E.P.A. for sanitary sewers by Hill, Ingman Chase for construc- tion. Councilwoman Harris stated this agreement seems very sim- ilar to that of Sammamish Commercial. Mayor Todd stated that in- cluded in this agreement is a requirement for posting bonds for drainage facilities which will guarantee the facilities. A dis- cussion followed on the ponding capacities in the Andover Park West area. Mr. Mario Segale presented a drainage recap of his 26 acres available for development. He stated if Doce's and Lincoln Properties are allowed 10 acres, he should also be allow- ed the same. Also, he would like to know the status of building permit applications; he stated his was submitted March 11 and that Doce's and Lincoln Properties was submitted March 26. Who will be issued a permit first? There seems to be rights for the developers in this agreement, but where are the duties stated? Attorney Parker stated the agreement states the developers must provide drainage facilities and must provide a bond to guarantee they will do it. Mr. G. John Doce stated he will post a bond for the 54" line. Mayor Todd pointed out the 54" line must go in before the building can begin. Mr. John Stack, Harstad Associates, stated the development will not be contributing to any storm water in the 60" line. The problem is with the exist- ing creek which runs through the center of the proposed building site. We feel the area has been assessed for storm drainage facilities and we intend any drainage to flow to Southcenter Parkway. This particular site, because of its prior assessment, has some point in time where the City has an obligation to allow it to use those facilities. We could ditch the drainage down to the next property owner. Mayor Todd stated that is not possible because the Comprehensive Plan stated a 54" line must be install- ed. Mr. Stack stated this is no problem. The storm drain design is designed on a 25 -year storm intensity, which would be of short duration. If the water does back up, it will be only for a short period of time and then it will recede and be pumped to the P -17 Channel. All developers in that area have this same problem. Also there is considerable storage capacity in the P -17 Channel. All developments are constructed above ground level so this projected storm would not be too damaging. Attorney Parker sug- gested the requirements in Paragraph 6 be strengthened; a time limit on construction should be included. Mr. Doce stated it was his intention to post a bond and build the 54" line and building development simultaneously. Councilwoman Davis suggested this agreement be reworked and presented to the Council at its next Regular Meeting. Mr. Doce stated by posting the bond, the City will have no further concern. The City will have the money set aside to build the line if we don't; however, we intend to do so. Councilwoman Harris asked if an ordinance should accompany this agreement. Attorney Parker stated there is enabling legislation TUKWILA CITY COUNCIL MEETING April 8, 1974 Page 3 CORRESPONDENCE AND CURRENT BUSINESS Cont. Doce's and Lincoln Properties agreement Cont. Claims for Damages Douglas Lommel Brian Chambers Robert Allen Barnes DEPARTMENT AND COMMITTEE REPORTS Investment Committee City of Kent Meeting Board of Adjustment ordinance Zip Code letters Fire Department Aid Car support Employee insurance benefits „0 for accepting agreements under TMC 17.20 and Ordinance #507. Gene Colin, Hugh S. Ferguson Company, stated since the time we began putting this package together as the general contractor, the cost of a 54" culvert has increased from $97,000 in three weeks to $108,000 now. I encourage the Council to take action as soon as possible. The developers are being penalized by any delay. Mr. John Flattery, Lincoln Properties, stated he had comments pertaining to Paragraphs 17 and 20 and will be avail- able Wednesday to meet with the City Attorney regarding changes in the agreement. Mayor Todd suggested that the City Attorney, Steve Hall and Mr. Flattery meet together to clarify these points and that this agreement be ready for next Monday's agenda. Mr. Segale asked about the policy of issuing building permits. Steve Hall stated no building permits will be issued until the 54" line is plugged into the existing 60" line and that all permits are issued with the approval of the City Council. He stated Mr. Segale's permit is now awaiting approval for a Shorelines Manage- ment permit through the Department of Ecology. Mr. Stack stated no water will be from the industrial site, just the creek water will be in the 60" line. Councilman Traynor stated the develop- er has the right to build on LID #13 (Lincoln Properties Doce). Mr. Segale stated the creek now flows into the 60" line. Steve Hall stated the creek presently flows into the 60" line under overflow conditions only. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE AGENDA TO IN- CLUDE THREE CLAIMS FOR DAMAGES. CARRIED. City Clerk Shirlee Kinney stated she received three claims for damages at 5:10 P.M. this date, all of which are the same type of claim in the sum of $25,000 each for alleged violations of the City regarding civil rights under the Constitution. These claims are in connec- tion with leafletting at Southcenter on December 9, 1973. Coun- cilwoman Harris stated the claims should be filed with Southcen- ter and asked if there was any law against leafletting. Attorney Parker stated it is the responsibility of the City's insurance carrier to handle this matter. Councilman Traynor stated he is now concerned about Tukwila's officers patrolling on private property. MOVED BY TRAYNOR, SECONDED BY DAVIS, TO REFER THE CLAIMS FOR DAMAGES OF DOUGLAS LOMMEL, BRIAN CHAMBERS AND ROBERT ALLEN BARNES TO THE INSURANCE CARRIER FOR THE CITY. CARRIED. Councilman Traynor presented a draft of an ordinance regarding an Investment Committee and stated he would like to have it ready for next Monday's meeting. Councilman Traynor read a letter from the City of Kent to Mayor Todd announcing a meeting for April 9 at 7:30 P.M. in the Kent Council Chambers to discuss Southcenter South sewer lines. Councilwoman Davis asked Attorney Parker when the Council could expect to receive this ordinance. Attorney Parker stated he would have to meet with Gary Kucinski, Planning Director, before going any further with it. Councilwoman Davis expressed her appreciation to the Mayor and staff for sending the Zip Code inquiry letters to all businesses in the City. MOVED BY HARRIS, SECONDED BY DAVIS, TO DIRECT THE CITY ATTORNEY TO DRAFT A RESOLUTION ENDORSING THE PROJECT OF OBTAINING A NEW AID CAR FOR THE TUKWILA FIRE DEPARTMENT. CARRIED. Councilman Saul reported the Finance Personnel Committee met April 4 to discuss negotiations and matters related to obtaining health insurance benefits for City employees. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THIS ITEM BE PLACED ON APRIL 15 AGENDA. Mayor Todd suggested that Councilman Saul contact Mr. Rabine, Mr. George Davies and Mr. Pain regarding negotiations for bene- fits for the Officers' Guild. TUKWILA CITY COUNCIL MEETING April 8, 1974 Page 4 DEPARTMENT AND COMMITTEE REPORTS Cont. Bicentennial Committee Ordinances accepting donations Councilman Saul read his letter to Mr. Ancil Payne, Chairman, Seattle /King County Bicentennial Commission, regarding the pro- jects planned for Tukwila's Bicentennial celebration. A copy of the letter is on file in the City Clerk's office. Councilman Johanson stated his appreciation for the $25.00 gift from Mr. Mrs. Bill Wiese, but that perhaps these ordinances for smaller donations are reduced too much by publication costs of the ordinances. Mayor Todd suggested holding any gifts re- ceived by the City and accepting them bi- monthly as the case may be. Senior Citizens group Steve Hall, Public Works Director, stated he attended one of the activities recreational luncheons held by the Senior Citizens group, where there were programs over 20 in attendance. He stated Richard Hunt, Recreation Super- visor, stated the response to spring vacation activities has been very good. Councilman Traynor stated members of his family attended the activities and enjoyed themselves very much. Police Department Chief John Sheets presented the Quarterly Report on index crimes Quarterly Report which were up 17% for January, 12% for February and 11% for March over last year. He then related a recent arrest of a formerly successful con games master. Balanced Community Mayor Todd stated at the Puget Sound Governmental Conference Housing Program meeting there were 65 votes approving the Program and 1 vote disapproving, which was Tukwila as directed by the City Council at its April 1 Regular Meeting. ADJOURNMENT MOVED BY SAUL, SECONDED BY HARRIS, THAT THE MEETING ADJOURN. 9:55 P.M. CARRIED. Attest: Frank Todd, Mayor LO Shx+l ee Kinney, City C1'erk 669 C OF T LJ ILA 175 59TH AVENUE SOUTH TUKWILA, WASHINGTON 98067 April 3, 1974 Council President, Dwayne Traynor Members of Tukwila City Council Gentlemen: Please consider this my letter of VETO of Ordinance #85/0, passed by the Council at the Meeting of April 1, 1974. The reasons for my veto, as required, are enumerated below: I. The City Attorneys opinion that the Ordinance is in conflict with State Statutes. 2. Section I paragraph C, is in conflict with State Statute, RCW 35.24.180. 3. Section III,a. This section requires additional phraseology to say "qualified and assumes office In its present form, it is presumptive. 4. Section VI, paragraph 1, seeks authority presently held by the State Department of Labor and Industries and by King County Washington. 5. Section VI, paragraph 3, language used in this section indicates the Council will "manage" personnel on the payroll of the City. 6. Section VII, "Appointments" the appointments language is inconsistent with State Law and projects Council authority into administrative areas. 7. Section VIII, "Bids" the language in this section in impracticle, cumbersome and unworkable if efficiency is required. It appears the Council misunderstands the intent of RCW 35.23.352. RCW 35.23.352 interpreted in any practical way does not contem- plate delaying bid openings as the Council appears to understand it. The City Clerk should receive the sealed bids, and' the involved Department Heads and she should open the bids during normal business hours. They then should submit the bids, results, recommendation and accompanied with necessary Resolution for action, to the City Council at the earliest possible regular meeting. To do otherwise could be very costly to the City and would make it impossible to award a bid without a "3 meeting process" consuming 6 to 7 weeks of everyones time. 8. XII sub paragraph b. Language contained in this section is in conflict with 35.24.100. 9. cf,�. XI sub paragraph a, language in this section lacks definition. Clarification is in order to prevent litigation in this area. 10. I have purposely left section X sub paragraph a, until these last remarks, in as much as this section is indicative of the inordinate manner by which this Ordinance seems to have been compiled. I draw special attention to the fact that this subject ordinance is in conflict with its own specifications. Any Councilmember°, in the future, wishing to submit an ordinance or other legal document for full Council consideration would do well to channel his or her ideas through the City Attorney and request that the City Attorney draw the ordinance in acceptable legal form_ Respectfully submitted, CITY OF TUKWILA Frank Todd Mayor Frank Todd, Mayor y 3� Mfotc hniem-t A