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HomeMy WebLinkAbout1977-03-07 Regular MinutesMarch 7, 1977 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS AND AWARDS TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall M I N U T E S Council Chambers Mayor Bauch, presiding, introduced Eagle Scout Jon Brossel who led the Pledge of Allegiance. Jon, Senior from Redmond High School, was sponsored at the Eagle Scout Recognition Banquet by Mayor Bauch. The Regular Meeting of the Tukwila City Council was called to order. BOHRER, GARDNER, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN OFFICIALS IN Steve Hall, Public Works Director; Lawrence Hard, Deputy City Attorney; ATTENDANCE Maxine Anderson, City Clerk. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 22, 1977 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. Councilman Hill noted that the agreement with RAYS has not been signed so voucher No. 1879 should not be paid. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT VOUCHER NO. 1879 BE WITHDRAWN. MOTION CARRIED. Councilman Saul noted the voucher from American Arbitration Association for $220.00 and asked why the individual or group who goes to arbitration can not pay the bill. Mayor Bauch explained that the standard arbitration procedure is for the City to pay one -half and the person one -half of the fee. This is part of the labor contracts. Councilman Saul stated that he would like to see this changed. Mayor Bauch explained that this arbitration involved the Fire Department and concerned the work schedule for probationary employees. In this case the Arbitrator ruled against the City. ORIGINAL MOTION CARRIED. Vouchers No. 1835 1936 Except Voucher No. 1879 Current Fund 1835 1901 Street Fund 1902 1914 Fed. Shared Revenue 1915 1917 City Hall Constr. 1918 Water Fund 1919 1924 Sewer Fund 1925 1936 12,552.82 4,588.74 142.91 6,120.00 9,841.24 13,512.00 46,757.71 LID #19 C 68 $40.80 (No Rev. Warrant Bonds Sold 1975) During review, it was noted that the Advanced Travel Voucher contained some 1976 expenses. Councilman Traynor stated that he would like to see a policy statement in regard to expense vouchers. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ANY EXPENSE VOUCHERS TURNED IN AFTER 30 DAYS OF THE DATE THE EXPENSE WAS INCURRED WILL NOT BE PAID BY THE CITY. Councilman Hill requested a formal Council Motion be drawn up to this affect. MOTION CARRIED. Fire Department Councilman Hill noted that one bid had been received on this Call for Bids. Computer System He opened and read aloud the bid from The Retail Computer Store, 410 N.E. 72nd., Seattle, 98115, in the amount of $15,481.53. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE BID BE FORWARDED TO CHIEF CRAWLEY FOR EVALUATION AND THAT HE REPORT BACK TO THE COMMITTEE OF THE WHOLE MEETING OF MARCH 14, 1977. MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING March 7, 1977 Page 2 APPOINTMENTS Planning Comm. and Board of Adjustment. Letter from Planning Comm. concerning appointments Claim for Damages, R.W. Chittock Summons No. 824877, CHG International, Inc. vs. City of Tukwila /7" Letter from Mayor Bauch dated March 2, 1977 concerning the following appointments was read: Planning Commission Position No. 3 Full Term expires January 1, 1983 Mrs. Eileen Avery Position No. 4 Full Term expires January 1, 1983 Mr. Lloyd Hartong Position No. 5 Unexpired Term expires January 1, 1978 Mr. Leo Sowinski Board of Adjustment Position No. 3 Full Term expires December 31, 1981 Mrs. Anne Altmayer Position No. 2 Unexpired Term expires December 31, 1980 Mr. Gerald James Councilman Hill stated that he would like Council to have a chance to meet these people prior to concurring with the appointments. Councilman Traynor noted that he is happy to see that they are business people and are all residents of the City. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE APPOINTEES BE INVITED TO THE COMMITTEE OF THE WHOLE MEETING OF MARCH 14, 1977 TO MEET WITH COUNCIL. MOTION CARRIED. Councilman Hill read a letter dated March 2, 1977 from Richard G. Kirsop, Chairman, Tukwila Planning Commission. Mr. Kirsop states, in part, that the Planning Commission has experienced extreme difficulty in conducting both regular and special business over the past two months. This is not a direct result of the expiration of terms of Commissioners but of the lack of timely appointments or reappointments. With the appointment of former Commissioner Lionel Bohrer to the City Council, all remaining Commissioners must be present to constitute a quorum in order to conduct a meeting. To resolve the problem, the Commission strongly urges the Council effectuate an amendment to Chapter 2.36 of the Tukwila Municipal Code which would parallel the provisions of Section 2.76; that is, to allow continued service by Commissioner whose term has expired until a replacement or reappointment is confirmed. Councilman Hill asked Attorney Hard if this request is possible. Attorney Hard stated that this happens in a lot of areas and he saw no immediate reason why not but he would look into it. Councilman Hill suggested that if the Council does elect to go this way there should be a definite time limit set for filling the position and he suggested 90 days. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT AN ORDINANCE BE DRAWN TO AMEND THE TUKWILA MUNICIPAL CODE TO ALLOW CONTINUED SERVICE BY COMMISSIONERS WHOSE TERMS HAVE EXPIRED UNTIL A REPLACEMENT IS CONFIRMED. Attorney Hard again stated he would check the legality of this proposed change. MOTION CARRIED. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Mayor Bauch read a memorandum from John McFarland, Administrative Assistant, explaining the Claim for Damages submitted by Mr. Robert W. Chittock. Mr. Chittock was sprayed with oily water by passing cars while walking along Southcenter Parkway in front of Jafco. Claim is in the amount of $26.32. Staff recommendation is that the claim be disallowed. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE CLAIM FOR DAMAGES BE DISALLOWED. MOTION CARRIED. Mayor Bauch recognized the receipt, for the record, of Summons No. 824877, CHG International, Inc. vs. City of Tukwila. Councilman Pesicka explained that the Councilmembers were served with papers in their council boxes at City Hall. While they were attending a night meeting their spouses were served papers at home. She expressed TUKWILA CITY COUNCIL REGULAR MEETING March 7, 1977 Page 3 Summons No. concern over the actions of the summons server at her door and questioned 824877, CHG if there was anything that could be done. Attorney Hard stated that International, there appears to be two questions here: 1. Can the family be named in Inc. vs. the lawsuit,and 2. Can they be served and treated in the manner in which City of they were. He explained, first, that normally families can not be named Tukwila, as Defendants in a lawsuit as Councilmembers are acting in an official Continued capacity and actions and decisions at the table can not be said to benefit their marital community. He has discussed this with the Attorney for CHG International and has requested, on an informal basis, that they withdraw the action against the spouses. OLD BUSINESS /7‘ Secondly, if a process server comes to your house there is a proper procedure. He must serve papers to the person named in the lawsuit or leave at the residence in the hands of a person suitable in age or discretion. If papers are not properly served it is as if there is no lawsuit but, you can not intentionally avoid being served. In most cases it appears that the Council and spouses were properly served. Councilman Traynor stated that this appears to be a type of harassment. Request for Councilman Hill asked Steve Hall, Public Works Director, to explain the Sewer sewer extension requested by Frank Todd. Mr. Hall explained that the Extension, City has a sanitary sewer manhole at the intersection of South 180th and F. Todd Southcenter Parkway. Mr. Todd is requesting that he be allowed to connect his property into this manhole. The Comprehensive Plan indicates future service area going up South 178th. Councilman Hill asked where the McCann property located North of South 178th will connect to the sewer. Mr. Hall explained that they propose to use an easement down the hill to the east behind Levitz but, from a staff standpoint it would be more logical for all of the properties from the top of the hill to be served by a common line. Cris Crumbaugh, representing the Segale Families stated that the Segales do not think multiple family dwellings are a good thing for the hill, for several reason. 1. Moratorium has been placed on rezones and other land use proposals to slow up development until the Comprehensive Land Use Plan is adopted. It would be premature to grant service to a property that is presently undeveloped to facilitate development until that time. 2. The area is prime residential land. 3. Need a road program before much development is allowed on the top of the hill, and there are many other reasons. Frank Todd, applicant, stated that he is amazed that everyone is talking about zoning when he is only talking about access to the sewer. He has never asked anyone for zoning. What ever the development, they need sewers. He commented that the traffic problem was raised and if you stand at that intersection and watch, it is the Segale trucks that are exceeding the speed limit. South 178th is not a marginal street, it is a new street. All of the sewers in the valley have been built with a portion of Federal Funds and he thought it better to get a sewer permit rather than use septic tanks. Again, he reminded Council that this is not a zoning request. Councilman Saul asked Mr. Todd if he had said he was going to build 50 houses there. Mr. Todd stated no, he had said it was presently zoned and would accommodate 50 houses. Councilman Bohrer asked the size of the property and how much of it is in the City. Mr. Todd explained that one section is 3.5 acres and the other 17 acres. There are about 3 acres in the City. Councilman Saul asked Mr. Todd if he has any objection in annexing to the City before obtaining a sewer extension so the City has control over the zoning. Mr. Todd said that he would object, in as much as his popularity before the Council has proven to be very low in the past and he would be afraid to annex to Tukwila. Sooner or later somebody is going to annex this area to Tukwila. TUKWILA CITY COUNCIL REGULAR MEETING March 7, 1977 Page 4 Request for Sewer Ext. F. Todd, Continued RECESS 8:05 P.M. 8:10 P.M. NEW BUSINESS Council Motion 77 -01, Prohibiting Smoking FIRST READING OF ORDINANCES Ordinance 1007, Relating to Charges for Sewer Service /7t 8 Councilman Saul stated that there would be no problem if houses were to be built. If your thinking about rezoning, there is a problem. Mr. Todd stated that he is not convinced that it is strictly R -1 property. MOVED BY VAN DUSEN, SECONDED BY MS. PESICKA, TO ALLOW MR. TODD TO HAVE THE SEWER EXTENSION AS REQUESTED. Councilman Traynor stated that, if we approve this sewer, we are inviting apartments on that side of the hill. If he annexes to the City he may have problems getting a rezone for apartments but, once he gets the sewer in,the County is very apt to grant a rezone. If we approve this sewer we are going to see apartments up there and we are condemning the rest of the hill to apartments. Councilman Hill reminded Council that the property in questions looks down on the asphalt batch plant. He agreed with Councilman Traynor that some of the property on Tukwila Hill zoned for apartments should not have been but, this property lies between the freeway and the industrial area and is not prime residential property. Mayor Bauch called Council's attention to the form of this motion. In all other cases there is a Resolution to enter into a Developers Agreement required. The request here, if granted, is just that he will proceed with engineering to build to City standards. Councilman Van Dusen agreed that the intent is per the requirements of the letter from Steve Hall, Public Works Director. Councilman Bohrer pointed out the following: 1. The bulk of the area requested is outside of the City. It is not an area we have control of. 2. Much of the discussion has related to the ultimate use of the land. We should not make land use decisions, at this point in time, by deciding whether to extend the sewer service or not. We should wait and make this land use decision in the adoption of the Comprehensive Plan. Mr. Todd stated that this sewer request affects sewers for all of the property in that area, not just his property. About 40 acres of it lies within the City. He is proposing to finance sewers for the whole hillside. *ROLL CALL VOTE: 4 NOS BOHRER, GARDNER, SAUL, TRAYNOR. 3 YES HILL, MS. PESICKA, VAN DUSEN. MOTION FAILED MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL RECESS FOR 5 MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order with Councilmembers present as previously listed. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED COUNCIL MOTION BE READ. MOTION CARRIED. Councilman Traynor read a motion of the Tukwila City Council prohibiting smoking in public meeting rooms within the City of Tukwila. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCIL MOTION 77 01 BE APPROVED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an Ordinance of the City of Tukwila, Washington, amending and repealing certain sections of Ordinance No. 934 relating to charges for sewer service. MOVED BY HILL, SECONDED BY SAUL, THAT THE RULE FOR SECOND READING BE SUSPENDED AND THAT ORDINANCE NO. 1007 BE ADOPTED AS READ. MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING March 7, 1977 Page 5 Proposed Ord. Relating to Council Procedures RESOLUTIONS Resolution 570 Authorizing Mayor to Execute Contract with City of Seattle TV Resolution 572 Authorizing Mayor to Renew Agree. with RAYS MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an Ordinance relating to council procedures, amending Ordinance 883 and amending Sections 2.04.010 through 2.04.200 of Tukwila Municipal Code, Chapter 2.04. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF MARCH 14, 1977. MOTION CARRIED. Resolution 569 MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE PROPOSED RESOLUTION BE Authorizing READ BY TITLE ONLY. MOTION CARRIED. Mayor to Execute a Deputy City Attorney Hard read a resolution authorizing the Mayor to Deferred execute a Deferred Compensation Plan for the employees of the City of Comp. Plan Tukwila. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT RESOLUTION NO. 569 BE ADOPTED AS READ. Councilman Traynor stated that you can not predict what an arbitrator is going to do and, you can not draw an Ordinance so that an arbitrator can't get this as a benefit for the employees. ROLL CALL VOTE: 5 YES BOHRER, GARDNER, HILL, MS. PESICKA, VAN DUSEN. 2 NO SAUL, TRAYNOR. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to execute a contract with the City of Seattle to provide certain services as listed in Section I of the contract concerning Community Antenna Television. MOVED BY HILL, SECONDED BY SAUL, THAT RESOLUTION 570 BE ADOPTED AS READ. MOTION CARRIED. Resolution 571 MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ Authorizing BY TITLE ONLY. MOTION CARRIED. Mayor to Execute Animal Councilman Hill noted that this year the Animal Control Service Control Agreement contains a Senior Citizen Program where a Senior Citizen can Service Agree. license his pet for the life time of the animal. Deputy City Attorney Hard read a resolution authorizing the Mayor to execute an Animal Control Service Agreement with King County, Washington, for the period April 1, 1977, through March 31, 1978. MOVED BY HILL, SECONDED BY MS. AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY MS. READ. MOTION CARRIED. PESICKA, THAT RESOLUTION 571 BE ADOPTED PESICKA, THAT THE PROPOSED RESOLUTION BE Deputy City Attorney Hard read a resolution authorizing the Mayor to renew the 1976 agreement with the Renton Area Youth Services to provide certain social services. MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, THAT THE RESOLUTION AUTHORIZING THE MAYOR TO RENEW THE 1976 AGREEMENT WITH THE RENTON AREA YOUTH SERVICES BE ADOPTED AS READ. Councilman Van Dusen stated that he has done a lot of leg work on this resolution and recommends that Council enter into the agreement for another year. TUKWILA CITY COUNCIL REGULAR MEETING March 7, 1977 Page 6 Resolution 572 Authorizing Mayor to Renew Agree. with RAYS, Continued Proposed Res. Related to Parkland Acquisition Proposed Res. Authorizing Mayor to Enter into Dev. Agree., J. C. Radovich Proposed Res. Authorizing Mayor to Enter into Dev. Agree., Monty Cooke DEPARTMENT REPORTS Mayor's Report /776 His investigation did find that organizations, such as this, do not have outside evaluaters except within their own groups and there are no guidelines or standards for counseling groups. He stated that he feels the Council supports referral services. Not all children picked up by the Police need counseling by RAYS. He will continue to look into this. M. Catherine Harris, audience, spoke for several minutes in favor of the RAYS Program. She urged Council to unanimously approve this proposed resolution. Mayor Bauch told Council that a citizen of Tukwila had come to him about her encounter with the RAYS Program and what they have done for her family. She offered to attend the Council Meeting for the benefit of RAYS but Mayor Bauch told her he felt it was unnecessary for her story to become a public item and that he would pass the message along. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION TO READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution of the City Council of the City of Tukwila related to parkland acquisition, authorizing the Mayor to have a specific parcel of property appraised. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF MARCH 14, 1977. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to enter into a Developers Agreement with John C. Radovish to improve a portion of South 143rd Place. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF MARCH 14, 1977. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing Mayor to enter into a Developers Agreement with Monty R. Cooke to improve a portion of 53rd Avenue South. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF MARCH 14, 1977. MOTION CARRIED. Mayor Bauch discussed the following items: 1 The City's score on the Public Works Grant Application for City Hall has been received. We were 121st out of 700 applications in the Pacific Northwest Region. The total score was 77 points. The lowest score that received a grant was 79.5. The current bill before the House of Representatives is to give an additional two billion dollars toward the Public Works Grants. If the grant process continues as submitted, it would leave the City in a good position for funding on the next round. 2. Tom Emrich, Mithun Associates, will be back to the Council shortly with the mechanical engineering for City Hall. They have the model ready to present to the City and rare recommending that it be covered with Plexiglas before public display. This would cost about $50.00 to $60.00 and Mayor Bauch asked Council if they agreed this should be done. After Discussion, Council agree. TUKWILA CITY COUNCIL REGULAR MEETING March_ 7, 1977 Page 7 Mayor's Report, 3. Mayor Bauch reported that he had testified before the Revenue Continued Committee in Olympia in regard to the Z cent sales tax and the way it is allocated. House Bill 902 would take 50% of the sales tax and proportion it to other cities per capita. This, if pas ed, would mean approximately $600,000 loss to the City of Tukwila. He stated he would write to the business men in the area soliciting their help. It would mean that the City would have to impose other city taxes. Attorney's Report Public Works Department ADJOURNMENT 9:20 P.M. Deputy City Attorney Hard reported: 1. He has been discussing the liability of the City with the Fire Department where the smoke detectors are concerned. 2. The abatement of the Clark property on 56th Ave. South is still alive. 3. The Fire Department suit is still proceeding. 4. We are in the preliminary stages in the CHG International suit. 5. Under LID #28, the property owners have appealed one of the issues. It will probably take up to two years to get a final determination from the Court of Appeals on this matter. In the mean time construction costs are going to go up. He asked Council to consider proceeding with the construction and stated that he would discuss this more at a later date. 6. The LID #25 lawsuit has been set for trial May 4, 1977. Public Hearing Mayor Bauch announced that the Tukwila License Committee is having its of the License first public hearing. Mr. John Ross has requested a hearing on the Committee denial of his application for a business license for a dance studio. Dance Studio The hearing is scheduled for Thursday, 3:30 P.M. in the Council Chambers. Steve Hall, Public Works Director, discussed the projects that are currently under construction within his Department. MOVED BY SAUL, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Edgar Df Bauch, Mayor Mae "Anderson, City Clerk /77