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HomeMy WebLinkAbout1974-06-24 Regular MinutesJune 24, 1974 TUKWILA CITY COUNCIL 8:00 P.M. REGULAR MEETING FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL ORDINANCES AND RESOLUTIONS Ord. #869, Adopting the 6 -Year Comprehensive Street Plan Ord. #870, Adopting the 6 -Year Urban Arterial Street Construction Plan M I N U T E S 743 Tukwila City Hall Council Chambers Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON. Councilman Traynor asked to be excused from voting on the Minutes because he did not attend the June 17 meet- ing. MOVED BY DAVIS, SECONDED BY JOHANSON, TO EXCUSE COUNCILMAN TRAYNOR FROM THE VOTE. CARRIED. MOVED BY JOHANSON, SECONDED BY STERLING, THAT THE MINUTES OF THE JUNE 17, 1974 REGULAR MEETING BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read pro- posed ordinance adopting a revised and extended Compre- hensive Street Program in accordance with R.C.W. 35.77. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ORD. #869 BE ADOPTED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT PROPOSED ORDI- NANCE BE READ. CARRIED. Attorney Parker read proposed ordinance adopting a revised and extended 6 -Year Compre- hensive Urban Arterial Street Plan. MOVED BY GARDNER, SECONDED BY HARRIS, THAT ORD. #870 BE ADOPTED AS READ. CARRIED. Res. #437, MOVED BY STERLING, SECONDED BY TRAYNOR, THAT PROPOSED Adopting the Shoreline RESOLUTION BE READ. CARRIED. Attorney Parker read pro Master Program posed resolution adopting a Shorelines Master Program for the City of Tukwila. Councilwoman Harris stated she had reservations on the setbacks and asked if the intent is to provide for the enjoyment and use of the general public in these setback areas. Gary Kucinksi, Planning Director, stated that is not specifically stated in the Program but references are made in the overall goals and policies to provide the areas for recreational purposes. Mayor Todd asked if this constitutes a "taking Attor- ney Parker stated it will be 30 years before the Supreme Court determines the legality of these cases. If my client owned property in the setback area, I would con- sider it a public taking. Mr. Byron Sneva stated he doubted if it is appropriate for the City to adopt the Master Program without some kind of implementing legis- lation. Mayor Todd stated we are adopting it at this time by Resolution so that we can have the latitude of changing it depending on the Department of Ecology's approval. Once it is approved, the City will adopt the Master Program by Ordinance. We have complied with the State's Program all along and we must continue to do so. Mr. Sneva stated when an application is submitted, it goes to the State. Now the City is adopting this legis- lation which will supercede that. Mayor Todd stated if the State agrees with our Program, then the permit will have to meet the requirements of the State and the City as well. Mr. Sneva asked what the procedure for acquir- ing a permit will be. Mayor Todd replied the same as in the past except the permit will also meet the City's criteria. Gary Kucinski stated when the Department of Ecology approves the Shoreline Master Program, then per- mits will be approved locally. Councilwoman Harris stated shortly after the State Act became effective, the City probably should have adopted an ordinance imple' menting the State Act with the language to show our in- tent to formulate a Shoreline Master Program and with procedures for obtaining permits. The City had never done this. The Planning Department should adopt an ord- inance to set forth procedures for obtaining permits TUKWILA CITY COUNCIL MEETING June 24, 1974 Page 2 ORDINANCES AND RESOLUTIONS Cont. Res. #437 Cont. Res. #438, Intent to adopt inspection procedures to reduce mudslides Res. #439, Intent to conform Building Permits to meet requirements of 1968 Flood Insurance Act 74 from start to finish when the Program is approved. Mayor Todd stated the adoption of the Program by this Resolution will allow for all the aspects of the Program Perhaps we were remiss in not first adopting the State's Program but we have been following it to the letter ever since it was passed. All shoreline construction since that time has been based on the State's policies. Gary Kucinski stated perhaps it should have been handled like the State Environmental Policy Act to publicize the City's intent to follow the Act. He stated he did not think this will invalidate any City action tonight. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RES. #437 BE ADOPTED AS READ. ROLL CALL VOTE: 5 AYES STERLING, TRAYNOR, DAVIS, SAUL, JOHANSON; 2 NOS GARDNER, HARRIS. CARRIED. Councilwoman Harris stated she voted NO be- cause of the 50 -foot setback and feels there should be just compensation for the public's enjoyment of private property. Councilman Gardner stated he voted NO be- cause there were no work meetings held to discuss the Program with the public. Mayor Todd stated there were several public hearings and committee meetings, did Councilman Gardner attend? Councilman Gardner stated he had attended a few. Councilman Saul recommended a letter of thanks to those people who worked on the com- mittees and produced such a beautiful piece of work. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read pro- posed resolution indicating intent to adopt inspection procedures by the Building Department that will reduce mudslide hazards. MOVED BY STERLING, SECONDED BY DAVIS, THAT RES. #438 BE ADOPTED AS READ.* Councilwoman Harris asked if the Building Department also intends to file these procedures with the approval of the Council as a policy matter at a later date. Steve Hall replied yes. Councilman Saul asked if building then would not be per- mitted at places like Slade Way. Steve Hall replied no, that is not the intent, only that reasonable precautions be taken as they are now. The City can also ask for professional studies in areas where hazards exist. Coun cilman Sterling stated the Building Department is al- ready taking these precautions and we are passing this Resolution in order to conform with the Flood Insurance Program. *CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read pro- posed resolution indicating intent to conform the Build- ing Permit system and review procedure of the City of Tukwila to meet the requirements of the National Flood Insurance Act of 1968. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT RES. #439 BE ADOPTED AS READ.* Councilman Johanson asked where this applies regarding in- progress building. Steve Hall stated it will apply to all new construction and to reconstruction of 60% or more of existing structures in the flood plain. The City is re- quired to provide safeguards also in flood conditions for sewer and water LIDs by the Department of Ecology and the Environmental Policy Act. Mr. Byron Sneva asked how the flood plains will be identified. Mayor Todd stated the Insurance Act will be identifying the plains for the entire country. The City will receive a map which we will correct and send back for review and fin- alization. Councilwoman Harris asked if the application for the insurance has been approved. Mayor Todd stated these resolutions must be approved first and sent with other information before the application is approved. Councilman Gardner stated he could see the difficulty in determining a flood plain since the original plan goes from hilltop to hilltop. *CARRIED. TUKWILA CITY COUNCIL MEETING June 24, 1974 Page 3 ORDINANCES AND RESOLUTIONS Cont. Res. #440, Intent to adopt Land Use Control measures consistent with National Flood Insurance Act CORRESPONDENCE AND CURRENT BUSINESS City Hall site discussion MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED, WITH HARRIS VOTING NO. Attorney Parker read proposed resolution of intent to adopt Land Use and Control measures consistent with the provisions of the National Flood Insurance Pro- gram, by title only and briefly explained the Resolu- tion. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT RES. #440 BE ADOPTED AS PRINTED. CARRIED, WITH HARRIS VOTING NO. Councilwoman Harris stated the resolution should have been read for the benefit of the audience. Councilwoman Davis stated she had asked for this on the Agenda to learn what is new and had hoped Mr. McAdoo would be present at this meeting. Mayor Todd stated Mr. McAdoo's plans are not yet final and it would be better for anyone interested to visit Mr. McAdoo's office to see what is in progress. Councilman Sterling suggested an informal meeting of the Council with Mr. McAdoo. Mayor Todd suggested setting a meeting date, publicize the meeting and meet in Mr. McAdoo's office. Councilman Traynor stated that is not possible since Council meet- ings must take place within the corporate limits of the City of Tukwila. Mayor Todd stated then that Mr. McAdoo would be willing to stay at his office after hours to accomodate Council members. Councilwoman Harris stated she felt it would be possible to meet as a Committee of the Whole. MOVED BY HARRIS, SECONDED BY DAVIS, THAT ATTORNEY PARKER SUBMIT A WRITTEN OPINION TO THE CITY COUNCIL DUE JULY 8, 1974 SPECIFICALLY INDICATING WHETHER OR NOT THE TUKWILA CITY COUNCIL CAN MEET AS A COMMITTEE OF THE WHOLE.* Attorney Parker stated it would be un- wise for him to do this at this time since the Sammam- ish Commercial law suit will be in court soon. He does not want to take extra time away from the case. Mayor Todd stated he felt the Open Meeting law is quite clear to understand. Attorney Parker stated there is also an Attorney General's Opinion which is also quite clear. Councilman Johanson stated in his opinion, the Attorney General's Opinion does not read the way it is interpret- ed here. He stated surrounding cities are able to have Committee of the Whole meetings and we seem to be the only Council who is not. Attorney Parker stated the other Councils have regular meetings twice a month with Committee meetings in between. If you have four regular meetings per month, then Committee meetings must be special meetings and duly advertised. Councilman Johan- son stated he disagreed. Attorney Parker stated the Council can meet as a Committee of the Whole and give notice the same as a special meeting. Councilwoman Har- ris stated the Council can set forth these meetings in procedures and not have to publish notices each time. Attorney Parker stated only if the Council holds its regular meeting twice a month. Since the Council is already holding four regular meetings per month, you cannot have another regular meeting. It must be a spec- ial meeting and you must publish notice. Councilman Traynor stated he agreed the Council should have Commit- tee of the Whole meetings and agreed that only by going to two meetings per month could the Council legally have them. *CHAIR RULES MOTION OUT OF ORDER SINCE TOPIC OF DISCUSSION IS NOT INCLUDED ON THE AGENDA. Councilwoman Harris appealed to the Council to override the Chair's decision. Mayor Todd also stated that Item 5a. which is the topic of discussion was put on the Agenda by just one Council Member and not two as required. Attorney Parker asked to be excused from the meeting to prepare a written opinion to present to the Council the next day. Mayor Todd excused Attorney Parker; he left the meeting at 8:53 P.M. TUKWILA CITY COUNCIL MEETING June 24, 1974 Page 4 CORRESPONDENCE AND CURRENT BUSINESS Cont. Request authori- zation for Mayor to sign Inspection Service Contract Southcenter South Request approval of Developers Agreement with City of Tukwila and McCann Recommendation for hiring Structural Inspector 74 MOVED BY STERLING, SECONDED BY SAUL, TO APPROVE THE RE- QUEST FOR THE MAYOR TO SIGN INSPECTION SERVICE CONTRACT WITH HARSTAD ASSOCIATES FOR THE SOUTHCENTER SOUTH PLAT.* Councilman Johanson asked if the construction covered in the contract will be deeded to the City. Mayor Todd stated yes, and the facilities will be built to City specifications. Steve Hall stated the Kent City Council refused to authorize McCann to use its water and sewer facilities. He stated a permit for the river crossing was issued June 21 for the work to be completed by July 15. Councilman Johanson stated this is the wrong way for this thing to go. Councilman Sterling stated the Council left the door open on the Plat specifications to accomodate alternate water and sewer facilities. Everything in the Development will be the same except for the river crossing. Councilman Gardner asked which way will the water drain. Mayor Todd stated under the highway to the Southeast and into the system. *ROLL CALL VOTE: 5 AYES STERLING, TRAYNOR, DAVIS, SAUL, JOHANSON; 2 NOS GARDNER, HARRIS. CARRIED. MOVED BY DAVIS, SECONDED BY SAUL, TO AMEND THE AGENDA TO CONSIDER DEVELOPERS AGREEMENT. CARRIED. Steve Hall stated the developers agreement is in the same form as has been used by the City for several years. MOVED BY TRAYNOR, SECONDED BY STERLING, TO APPROVE DEVELOPERS AGREEMENT BETWEEN THE CITY OF TUKWILA AND McCANN CON- STRUCTION CO., INC.* Councilwoman Harris stated the developers agreement should be accompanied by a separate ordinance to authorize administration to enter into this agreement. Mayor Todd stated this is the standard pro- cedure for the Council to authorize the agreement by Motion which saves publication costs of ordinances. *CARRIED, WITH HARRIS VOTING NO. Councilman Sterling stated he recalled an ordinance accompanying the devel- opers agreement with Sammamish Commercial. Mayor Todd read a letter from Steve Hall, Public Works Director, recommending Duncan Sturrock for the position of Structural Inspector. Mayor Todd endorsed the recom- mendation subject to Council approval. Councilman Tray- nor stated he recalled the Council was told no one in house had the capabilities for this position a few months ago. Steve Hall stated Mr. Sturrock had not voiced an interest in the position at that time. He stated the City is looking toward the construction of Trillium, a high -rise structure considerably more com- plicated than any other built up to now in the City. He stated he feels Mr. Sturrock has the necessary qualifi- cations and expertise to work with this project, and he would be serving as a project supervisor as a represen- tative of the City. Councilman Traynor stated the plans will be sent out for checking by a professional firm. We only need someone who can point out the differences between the plans and the actual construction. Steve Hall stated that the Structural Inspector will not be authorized to make changes in the drawings, but would enforce them. Councilman Sterling asked if Mr. Sturrock has agreed to the wage offered and asked if it is bud- geted. Mayor Todd stated it is not budgeted; it is a new position. Councilman Sterling asked if the Inspec- tor will be working under Mr. Ruppertin this position. Steve Hall stated yes, this has been discussed with Mr. Ruppert and he concurs. Councilman Saul asked why this project could not be subcontracted out. Steve Hall stat- ed the cost would be at least $8 to $9.50 per hour for 8 hours a day continuously during construction. Council• man Saul asked what the difference in cost would be when you consider the employee benefits. Steve Hall stated there is another purpose to hiring Mr. Sturrock at this TUKWILA CITY COUNCIL MEETING June 24, 1974 Page 5 CORRESPONDENCE AND CURRENT BUSINESS Cont. Structural Inspector Cont. Letter from U.S.T.M.E. 7q7 time. Mr. Ruppert will be retiring his position in two years and Mr. Sturrock, after working as Inspector for that time, will then be qualified to fill the Building Director's job. Councilman Saul asked about Mr. Stur- rock's construction experience. Steve Hall stated he handled the Lois T. Newton Bridge project for the City, that he is a recent graduate and has experience with Pierce County in the field. He stated he disagreed that a structural consultant would be desirable in this case since we will be training a man for the Building Direc- tor in the future. Mayor Todd pointed out Mr. Ruppert will also be working with this project to train Mr. Sturrock. He stated he did not believe a consultant could be retained for only $8 to $9.50 per hour for this type of construction. Steve Hall stated one of the best firms, Arnold Green Associates, quoted $20 per hour. Councilwoman Harris stated the City is creating another new job. How many more years will the development crunch go on? We will eventually get to the point where it will be evening off and we may have too many employ- ees. We should not be rushing into this. Mayor Todd stated a permit will soon be issued for the $35 million project and we had better have someone on hand and on site when foundation work begins this summer. Council- woman Harris asked why pay someone this amount of money to train in his position. Mayor Todd stated we are either going to hire this man or hire some firm whose qualifications we may not know about. The time to de- cide is now. Steve Hall stated the project is scheduled to be two years on construction at the end of which time Mr. Sturrock will be ready to fill the vacant Building Director's position. Councilman Sterling stated this person will be starting out at top pay plus we will have to hire someone else to fill his position. We need to know what the costs will really be for a firm versus an employee. Steve Hall stated the costs would probably break even, but keep in mind we will be training a man for the Building Director in the future. Councilman Sterling stated he would go along with Steve Hall's re- commendation. Councilman Traynor asked why the salary could not be staged over 18 months of training with top pay at the end of that period. Steve Hall stated the requirements are quite high for this type of position, higher than that of the Inspector in the City of Seattle. A question was raised concerning the position of the other Inspector in the City of Tukwila. Mr. Al Pieper stated the end product of his job and that of the Struc- tural Inspector will be the same. It is structural work. If one man is entitled to the pay, the other man should be too. MOVED BY HARRIS, SECONDED BY STERLING, TO CON- TINUE THIS MATTER TO THE NEXT MEETING. CARRIED. RECESS MOVED BY DAVIS, SECONDED BY STERLING, TO RECESS. CAR 9:35 P.M. 9:43 P.M. RIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. Councilman Traynor read a letter from Gary Crutchfield, President of U.S.T.M.E., expressing the desire to have job descriptions of City employees reviewed by a pro- fessional firm. The letter also noted the need for a salary and step wage plan commensurate with the job des- criptions. Councilman Traynor stated this was done at one time by former Administrative Assistant Jim Fraser. Mayor Todd stated he and City Clerk Shirlee Kinney have been working on an administrative job description manual based on the interviews held with each employee with Mr. Fraser. He stated this should be adequate and disagreed with spending $4,000 for the same information. Gary Crutchfield stated this proposal is a request from the group and not any one individual. He stated some of TUKWILA CITY COUNCIL MEETING June 24, 1974 Page 6 CORRESPONDENCE AND CURRENT BUSINESS Cont. U.S.T.M.E. Cont. AUDIENCE COMMENTS Fire rates Minute Approval comments Ad Hoc Golf Course Committee meeting Green River Flood Control meeting Public Safety Councilwoman Davis announced there will be no Public Committee Meeting Safety Committee meeting next week. Employees' insurance benefits 748 our present job descriptions are copies of those at Renton and some positions have none at all. Councilwo- man Harris stated on behalf of those working for the City, the Council should give this more consideration. It could be beneficial to have the Civil Service provide this information. MOVED BY HARRIS, SECONDED BY STERLING TO REFER TO THE FINANCE AND PERSONNEL COMMITTEE. CARRIED Council President Traynor concurred with the Motion. Mr. Rudy Regal asked when the City's fire rating could be changed. He felt Rate #7 was too high. The home- owners are paying too much for insurance. Mayor Todd stated he formally requested the Rating Bureau to come out and re -rate the City. Mr. Regal urged the Council to put some pressure on the Rating Bureau, write letters to the officials. Councilman Traynor stated the City was rated in 1948 with a Rate #8 and in 1964 with Rate #7. Mayor Todd stated we hope now to get a Rate #4. Councilman Traynor stated the reason we have waited so long to be re -rated is because the Rating Bureau puts us on a list with all the other cities in the State. When they rate Tukwila, they will rate the entire City. He stated that those homes using a Seattle address in the area of Fire District #18 are paying a higher rate for fire insurance than homes using a Tukwila address. Councilwoman Harris agreed that letters from the Council to the Fire Rating Bureau would be helpful to augment the Mayor's request. Mr. Charles Tyson asked how the proposed annexation will affect the City's fire rating. Mayor Todd stated that information will be included in Chief Crawley's report to the Council. Councilman Tray- nor stated the proposed annexation area had a better fire rating than Tukwila did in 1964. Councilman Traynor stated in the future, if there are any questions about the information published in the Minutes, Council Members should review the tapes with the City Clerk prior to the Monday night meeting to avoid taking up Council meeting time. In this way, any corrections can be made and presented at the time of Minute Approval. Councilman Sterling announced the meeting for the Ad Hoc Golf Course Committee meeting on Tuesday, June 25 at 7:30 P.M. in the Council Chambers. Councilman Gardner announced a meeting at the City of Kent with King County Councilman Dave Mooney at 7:30 P.M., Wednesday, June 26. The meeting will concern the 110 acres to be set aside in King County for wildlife preservation and is sponsored by Green River Flood Con- trol and Soils Conservation Service. Mayor Todd stated he wished to discuss the letter re- ceived from Richard G. J. Anderson, insurance broker for the City, regarding group life and dental insurance pro- grams for the City's employees. He stated these pro- grams, especially life insurance, should be covering the employees on July 1. He stated these are informal bids from the broker and there was not time to advertise for insurance to go to bid. Mayor Todd asked for Council comments. Councilman Saul stated this determination is a function of administration. Councilwoman Harris stat- ed the Council received the information only today and she is not prepared to discuss it. Mayor Todd read his letter addressed to the Council dated June 24. City Clerk Shirlee Kinney stated the Auditor's Office had determined that insurance is a professional service and TUKWILA CITY COUNCIL MEETING June 24, 1974 Page 7 AUDIENCE COMMENTS Cont. Employee's insurance benefits Cont. ADJOURNMENT 10:22 P.M. ATTEST: 49 need not go to formal bids as of July 24, 1974. Coun- cilman Gardner recommended this be referred to the Fi- nance and Personnel Committee for review and he would go along with its recommendation. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT IF IT IS AGREED AMONG THE EMPLOY EES'S REPRESENTATIVES, THE CITY COUNCIL WOULD GO ALONG WITH THE LOW QUOTATIONS ON THE LIFE INSURANCE AND DENTAL PLANS.* Councilman Sterling stated the only change in the contracts is with the dental coverage if the employ- ees do decide they wish to change from Washington Dental Service. Councilwoman Harris asked for the City Attor- ney's opinion. Mayor Todd stated Attorney Parker's advice was given on a previous insurance question. Councilwoman Harris stated she is familiar with the Auditor's legislation as stated by the City Clerk, but that it differs with some existing R.C.W.'s. Council- man Johanson stated two years ago, the City Attorney had advised the Council to go to bid for insurance. Councilman Saul suggested going to bid a year from now when contracts are renegotiated. *CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE MEETING ADJOURN. CARRIED. The Council meeting was followed by a presentation by Officer Robert Abbott and a film on burglary. This is Burglary Prevention Week. Frank Todd, Mayor f Shirlee A. Kinney/City Clerk