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HomeMy WebLinkAbout1977-06-06 Regular MinutesJune 6, 1977 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS 1860 Tukwila City Hall Council Chambers TUKWILA CITY COUNCIL REGULAR MEETING M I N U T E S Mayor Bauch, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, DWIGHT R. GARDNER, MRS. PHYLLIS PESICKA, DAN SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCILMAN HILL BE EXCUSED FROM THE MEETING. MOTION CARRIED. OFFICIALS IN EDGAR D. BAUCH, Mayor; STEVEN M. HALL, Public Works Director; KJELL ATTENDANCE STOKNES, OCD Director; LAWRENCE E. HARD, Deputy City Attorney; MAXINE ANDERSON, City Clerk. MINUTE APPROVAL MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF MAY 16, 1977 BE APPROVED AS PUBLISHED. MOTION CARRIED. VOUCHER APPROVAL MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. BID OPENINGS AND AWARDS Councilman Traynor asked about the billing from URS Company for engineering services to assist the City on grant administration for Federal Sewer Projects. He asked who pays this bill if the City does not get the grant? Steve Hall, Public Works Director, explained that this sewer bill is for the Federal Aid Projects that have been completed. This is the final stage. The City pays the bill whether we get the grants or not. Mr. Hall stated that the only case he knows where the City would not pay is if an LID were started and then not completed,the engineering firm would stand the cost. Councilman Traynor also questioned the fee to Fort Dent Park. He asked what the money was to be used for, the make up of the teams in the Tukwila Leagues and where they come from. Don Williams, Recreation Director, explained that there are 16 men's teams. In order for them to enter other tournaments they must be a member of the Amateur Softball Associatior Also, umpires will not call games unless the teams are members. A number 01 the teams have local sponsors and many of the players either live or work in this area. To use Fort Dent we have to pay a fee for maintenance of the facilities and supervision. All teams are paying to use the facility, not to rent it. These are for other league fees. Councilman Traynor offered that the Community Affairs Committee will discuss this further. MOTION CARRIED. Vouchers No. 2627 2698 Current Fund 2627 2681 13,630.52 Street Fund 2682 2684 922.74 Fed. Shared Rev. 2685 2687 5,247.08 City Hall Const. 2688 22,950.00 Water Fund 2689 2693 5,270.65 Sewer Fund 2694 2698 4,102.14 52,123.13 LID #25 C 66, 67 68 $65,597.34 LID #25 R 36 $65,597.34 Bid Award- Steve Hall, Public Works Director, reported that eight bids were received 1977 Street on the 1977 Street Improvement Program. They ranged from $90,000. to Improvement $121,000. He recommended concurrence with the letter from Richard K. Program Williams, Office Engineer, and award the bid to Valley Cement Construction Company. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCIL CONCUR WITH THE RECOMMENDATION OF STEVEN HALL AND AWARD THE BID TO VALLEY CEMENT CONSTRUCTION IN THE AMOUNT OF $94,122.48. MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING June 6, 1977 Page 2 APPOINTMENTS Appointments to the Tukwila Park Commission, Mrs. Ann Crain and Mrs. Donna Segale Introduction of Daniel D. Woo, Deputy City Attorney CITIZEN'S COMMENTS Letter from Mrs. Marcelle Regel Letter from Mayor Bauch to the Tukwila City Council was read recommending that the two vacant positions on the Tukwila Park Commission be filled be: Position No. 4 Mrs. Ann Crain, 5105 South 163rd Pl. Partial term expires March 31, 1979. Position No. 5 Mrs. Donna Segale, 18008 Southcenter Parkway Term expires March 31, 1980. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCIL CONCUR WITH THE MAYOR'S APPOINTMENTS OF MRS. ANN CRAIN AND MRS. DONNA SEGALE TO THE TUKWILA PARK COMMISSION. MOTION CARRIED. Mayor Bauch introduced Mr. Daniel D. Woo and administered to him the Oath of Office for Deputy City Attorney. Mr. Woo is with the Consulting Firm of LeSourd, Patten, Fleming and Hartung and will be working with the Tukwila Municipal Court. Mayor Bauch read a letter of thank you to the Fire Chief and Aid Car Personnel for their assistance in the excellent care given Mr. Regel during his recent illness. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Notice of Suit and Third Party Complaint No. 18402 Proposed Use Development Agreement, Ketcham/ San Juan Apts. Letter from L.D. Mabel Popejoy, William R. Patricia A. Hopper (trail system on Bluff Street) /86 Mayor Bauch recognized, for the record, receipt of a Notice of Suit and Third Party Complaint No. 18402, Merchants Credit Corp. vs Washington Keenan, Jr. and Jane Doe Keenan, his wife vs City of Tukwila, third party. This matter first came before the Council in January. The claim was denied. In the interim a credit agency has filed suit against Mr. Keenan naming the City as a third party. The matter has been referred to the insurance agency. Steve Hall, Public Works Director, gave staff report on the proposed Use and Development Agreement with William P. Ketcham and Henry H. Ketcham, Jr. to provide for the improvement and dedication of a portion of South 153rd Street. He called attention to the revisions in the agreement to eliminate any discrepancies which were previously discussed by Council. The development and dedication of the road right -of -way for the southern half of the street is predicated upon a 25% development of that property. This agreement with the Ketchams is worded to tie the development together so that the entire street could be developed and dedicated to the City at one time. The Resolution authorizing the Mayor to enter into this agreement will be considered later on the agenda. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ITEM 8 -c BE ADDED TO THE AGENDA. MOTION CARRIED. Letter, dated May 31, 1977, from L. D. Popejoy, Mabel Popejoy, William R. Hopper and Patricia A. Hopper was read. The letter questions the develop- ment of a hiking trail on 65th Ave. South (Bluff Street). They discuss the possibility of earth slides, the protection of privacy and safety of persons living in this area and the adverse impact on wildlife. In conclusion, the citizens request Council reconsideration of developing a trail on Bluff Street. Councilman Van Dusen suggested that Council hike the proposed trail to become familiar with the location. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THIS ITEM BE PLACED IN THE COMMITTEE OF THE WHOLE ON JUNE 13, 1977. MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING !June 6, 1977 Page 3 FIRST READING OF ORDINANCES Ordinance #1020 Relating to public safety and requiring security devices Ordinance #1021 Relating to the Consumption of Alcoholic Beverages in Public Places Ordinance #1022 Providing for the Approp. and Trans. of Funds Ordinance #1023 Reclassifying Property from R -1 to C -2. (Benaroya Co., West of South center Parkwy.) MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance relating to public safety and to requiring security devices for prevention of burglary in apartment houses, hotels, and motels located within the corporate limits of the City of Tukwila, Washington. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT ORDINANCE NO. 1020 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Deputy City Attorney Hard read an ordinance of the City of Tukwila amending Section 1 of Ordinance No. 945 and Section 8.04.520 of the Tukwila Municipal Code relating to the consumption of alcoholic beverages in public places. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT COUNCIL CONFIRM THE ORIGINAL MOTION AND ADOPT ORDINANCE NO. 1021 AS READ. MOTION CARRIED WITH SAUL AND GARDNER VOTING NO. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance of the City of Tukwila, Washington, providing for the appropriation and transfer of funds and amending 1977 Budget Ordinance No. 1002. Mayor Bauch explained that the ordinance provides for the increase of salaries for Police Officer's Association, the Teamsters Local Union, U.S.T.M.E. and Department Heads through either negotiations or adoption of the new salary schedule. He further explained that the City is appropriating $3,000 to initiate a Meals -on- Wheels program for people that apply and qualify within our planning area. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT ORDINANCE NO. 1022 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BY READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance reclassifying certain property from R -1 zoning to C -2 within the City of Tukwila as contained in the Planning Division of 0.C.D. File No. 77 -18 -R. Kjell Stoknes, OCD Director, explained that this is the request for waiver that was before Council several weeks ago. The request is from Benaroya Company to rezone property located between Southcenter Parkway and I -5 near the rail service line crossing Southcenter Parkway from R -1 to C -2. Site is approximately 6 acres. At their regular meeting of May 26, 1977, the Planning Commission approved the rezone requested by the Benaroya Company. Staff recommends the City Council concur with the Commission and approve the rezone as recommended. This would grant approval for C -2 zoning only to the natural toe of the slope and denial for the land lying in elevation above the natural toe of the slope. Staff feels that allowing any zoning above the toe of the slope at this time may not be in the City's best interest. The question of sidewalk requirements was discussed and Mr. Stoknes noted that it is within Council power to include this as a rezone requirement. Councilman Gardner asked if the western edge of the C -2 boundary extends as far as the drainage line? Steve Hall explained that the tight -line will be on the C -2 property at the toe of the slope. TUKWILA CITY COUNCIL REGULAR MEETING June 6, 1977 Page 4 Ordinance #1023 Renaroya Rezone, Continued. RECESS 8:30 P.M. 8:35 P.M. RESOLUTIONS Resolution #587 Urging the Fed. Comm. Commission to consider the City as a Community Resolution #588 Authorizing Mayor to enter into Developers Agree- ment with W.P. H.H. Ketcham (So. 153rd St.) /W63 Councilman Bohrer asked Mr. Kenneth D. Long, representing Benaroya Co., what development is planned for the portion of the property in the canyon and indicated west of the railroad tracks? Mr. Long explained that it is an area large enough for development of a building but at this time they have no client for that area. It would be eventually developed in accordance with the zoning of the area, possibily a small furniture store or restaurant. Councilman Bohrer expressed concern about starting development in the canyoi area which could lead to further development on the hillside and also, getting a development which is not appropriate to the area. He suggested deleting the area west of the railroad tracks from the rezone. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL DELETE, FROM THE REZONE, THAT PORTION WHICH LIES 20 FEET WEST OF THE WEST RAIL OF THE RAILROAD TRACKS. Councilman Traynor suggested this should go back to Committee to clarify some of these points. Mayor Bauch explained that, due to an error on a City map, the Carriage House is tied up in a finance problem and they would appreciate it if Council would resolve their problem. Councilman Bohrer, to clarify his motion, explained that he is not concerned with that portion west of the railroad tracks north of the Carriage House but, he is concerned about the North Canyon. Mr. _.Ken Long suggested making the boundary the westerly line of the easement for the railroad in the North Canyon. SECOND TO MOTION WITHDRAWN BY COUNCILMAN SAUL TO ALLOW RESTATEMENT OF AMENDMENT. MOTION AMENDED TO READ "THE WESTERN LINE OF THE EASEMENT IN THE NORTH CANYON." SECONDED BY SAUL. MOTION CARRIED. Councilman Saul suggested an amendment to Section 2. b. (2) Landscaping, to read 5 feet of sidewalks shall be included within the 15 feet. MOVED BY SAUL, SECONDED BY MRS. PESICKA, THAT SECTION (2) LANDSCAPING BE AMENDED TO INCLUDE "5 FEET OF THE 15 FOOT LANDSCAPED AREA WILL BE SIDEWALKS" AFTER THE WORDS SOUTHCENTER INDUSTRIAL PARK. MOTION CARRIED. MOVED BY SAUL, SECONDED MRS. PESICKA, THAT ORDINANCE NO. 1023 BE ADOPTED AT AMENDED. MOTION CARRIED. MOVED BY MRS. PESICKA, SECONDED BY SAUL, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order with all Council Members present as previously reported. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution of the City of Tukwila, Wash- ington, urging the Federal Communications Commission to consider the City as a community and permit all cable television systems operating in such area to carry Canadian Television Signals. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT RESOLUTION NO. 587 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to enter into a Property Use and Developers Agreement with William P. Ketcham and Henry H. Ketcham, Jr. to provide for the improvement and dedication of a portion of South 153rd Street TUKWILA CITY COUNCIL REGULAR MEETING June 6, 1977 Page 5 Resolution #588 Authorizing Mayor to enter into Developers Agree- ment, Continued DEPARTMENT REPORTS Mayor's Report City Attorney's Report Frank Todd, Audience MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION NO. 588 BE ADOPTED AS READ. Mayor Bauch noted that the following paragraph has been added to Paragraph 1: The subject property will not be deeded to the City until such time as improvements are completed and accepted by the City to City Standards. Councilman Bohrer questioned if the words "in consideration thereof" in Paragraph 1 are necessary. Attorney Hard stated that it is sufficient to say "The Owner hereby covenants MOVED BY BOHRER, SECONDED BY SAUL, THAT "IN CONSIDERATION THEREOF" BE STRUCK FROM THE FIRST LINE OF PARAGRAPH 1. MOTION CARRIED. MOTION TO ADOPT RESOLUTION NO. 588 CARRIED AS AMENDED. Mayor Bauch announced that the Crime Prevention Officer, hired under a grant from Law Enforcement Administration Assistance, is now at work with the City. His office has been set up in the conference room in the Mayor's trailer. His name is Patrick J. Lowry and he comes to Tukwila as a retired New York Police Officer. Mayor Bauch asked for Council discussion on whether a smoke detection system should be installed in new City Hall. The estimated cost is $30,000. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE SMOKE DETECTION SYSTEM BE BID AS AN OPTION. MOTION CARRIED. Councilman Saul requested this item placed on the agenda for the Committee of the Whole Meeting of June 13, 1977 and that a representative of the Fire Department be asked to talk on this subject. Attorney Hard reported that the main legal business this past month has been land use problems with hearings on the Comprehensive Land Use Policy Plan. CHG International has served the City with documents for a Summary of Judgement. Bascially they are asking the court to rule that Resolution #489 is unconstitutional. This should be heard Monday, June 13, 1977, in Superior Court. Attorney Hard discussed further pending lawsuits and actions he has taken on behalf of the City. Councilman Pesicka asked if it is legal for the attorney to file a suit on behalf of the City without approval of the Council. Attorney Hard stated he believes where it is necessary, he should be able to act in the best interest ofthe City at all times. There are times where it is not possible to come to the Council first. He offered, if Council would like to lay out some guidelines, he would be glad to help work it out. Councilman Van Dusen expressed his interest in setting guidelines and would like to discuss it further. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Frank Todd, audience, asked if the Law Firm has paid back to the City the judgment for $800 in illegally charged interest against the City? Second, does Council believe the Law Firm should represent the Mayor as a private citizen? Attorney Hard stated that this particular lawsuit was tendered to the insurance company and they believe the actions alleged are official action. He further stated that the law firm will return to the City any money improperly paid by the City. TUKWILA CITY COUNCIL REGULAR MEETING June 6, 1977 Page 6 EXECUTIVE SESSION 9:30 P.M. 10:15 P.M. ADJOURNMENT 10:16 P.M. MOVED BY SAUL, SECONDED BY MRS. PESICKA, THAT COUNCIL GO INTO EXECUTIVE SESSION TO DISCUSS THE PROPOSED PURCHASE OF THE GOLF COURSE WITH MR. CRAIG McMICKEN OF FOSTER MARSHALL, INC.. MOTION CARRIED. 1 Comprehensive Land Announcement was made that Council will tour the proposed planning Use Plan area on June 14 and meet June 15, 1977 to discuss all of the area outside of the Tukwila City limits within the proposed planning area. Mayor Bauch, Council Members (as previously reported), Kjell Stoknes, Attorney Hard and Mr. McMicken were in attendance. MOVED BY SAUL, SECONDED BY MRS. PESICKA, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. MOVED BY SAUL, SECONDED BY MRS. PESICKA, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Mayor le/saezz/ Ci t'Clerk