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HomeMy WebLinkAbout1977-07-05 Regular MinutesTUKWILA CITY COUNCIL July 5, 1977 REGULAR MEETING 7:00 P.M. FLAG SALUTE AND CALL TO ORDER CITIZENS' COMMENTS Christianson Trail M I N U T E S /891 Tukwila City Hall Council Chambers Mayor Bauch, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. ROLL CALL OF LIONEL C. BOHRER, DWIGHT R. GARDNER, GEORGE D. HILL, MRS. PHYLLIS COUNCIL MEMBERS PESICKA, DAN SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN. OFFICIALS IN EDGAR D. BAUCH, Mayor; STEVEN M. HALL, Public Works Director; KJELL ATTENDANCE STOKNES, OCD Director; LAWRENCE E. HARD, Deputy City Attorney; HUBERT CRAWLEY, Fire Chief; MAXINE ANDERSON, City Clerk. MINUTE APPROVAL MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE MINUTES OF THE REGULAR MEETING OF June 20, 1977, BE APPROVED AS PUBLISHED. MOVED BY BOHRER, SECONDED BY MRS. PESICKA, THAT PAGE 2, PARAGRAPH 7, BE AMENDED BY INSERTING THE FOLLOWING AS THE BEGINNING FOR THE SECOND SENTENCE: 'MR. GORDON, REFERRING TO THE WHOLE AREA UNDER DEVELOPMENT, STATED THAT'. Councilman Bohrer stated that when he asked the question he was referring specifically to the area in Tukwila but got an answer that was related to the entire development. MOTION CARRIED. MOTION CARRIED. VOUCHER APPROVAL MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOVED BY HILL, SECONDED BY TRAYNOR, THAT VOUCHER NO. 2997 BE WITHHELD FROM PAYMENT. Councilman Hill explained that this is from U.R.S. Company for services on the Water Facilities Grant Assistance. Steve Hall, Public Works Director, explained that there was an agreement signed in 1975 to cover the basic rates. This is the grant application Council authorized under Referendum 27. They ran into some problems which involved extra time so, Mr. Hall requested it be made a matter of record. He stated he feels the bill is justified as they spent a lot of time. Councilman Hill stated that if we do get the grant and URS gets the project they get a percentage of the fee. He asked if this should happen, could this bill be deducted from the fee, and Mr. Hall agreed that it could be written into the contract. Mr. Hall stated that the grant does not look too positive at this time. MOTION CARRIED TO WITHHOLD VOUCHER NO. 2997. MOTION CARRIED TO APPROVE THE VOUCHERS. VOUCHERS NO. 2874 3018 Current Fund 2874 -2959 25,497.19 Street Fund 2960 -2974 3,479.68 Title II Revenue 2975 295.94 Fed. Shared Revenue 2976 -2985 31,470.70 City Hall Constr. 2986 11,475.00 Water Fund 2987 -3002 11,616.91 Sewer Fund 3003 -3018 6,169.12 90,004.54 Voucher No. 2997 held by Council. Councilman Saul stated that he ran the new Christianson Trail and was very proud of the project. It will be completed tomorr.ow,and he expressed hope that everyone will use it and enjoy it. TUKWILA CITY COUNCIL REGULAR MEETING July 5, 1977 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Claim for Damages submitted by Ms. Penny L. Wittman NEW BUSINESS Speaker from HUD on the National Flood Insurance Program Draw for Council Positions /8 ?Z A statement submitted by John McFarland, Administrative Assistant, notes that review of the accident report submitted by Mr. Trepanier, vehicle operator, leaves no doubt regarding the City's liability. The estimate received is under the deductible limit of the City's liability coverage, and he recommends the claim be awarded in the amount of $181.10. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THE CLAIM BE PAID. MOTION CARRIED. Mayor Bauch introduced Mr. Wes Edens, Federal Insurance Administration, Department of Housing and Urban Development. Mr. Eden presented Council with a copy of the Rules and Regulations of the Flood Insurance Program and a copy of the major revisions to the regulations. He explained that the new regulations are just a tightening up in some of the areas that have proven to be too weak in the previous regulations. Mayor Bauch asked if we were already complying with the new regulations, did we still have to adopt them by resolution or ordinance, and Mr. Eden agreed that we did. Mr. Eden reviewed the six revisions. Basically, they concern the building and zoning codes. As part of the building code, they require certain restrictions for those wanting to develop in the flood plain: such as elevations, type of building material, placement of furnace, electrical requirements, etc. Kjell Stoknes, OCD Director, asked, since we were authorized flood insurance in 1974, if we don't do anything, are we still eligible? Mr. Eden stated that the new requirements should have been adopted by all communities by June 1 and it is not their intention to check and see if everyone did. He stated he guessed he would have to answer this question in the affirmative. Mayor Bauch stated that since we are already in compliance with the new regulations, can we just add them as an addition to the original resolution? Mr. Eden stated that it would be sufficient as long as it is legally enforceable. Councilman Pesicka asked about Item #4. Mr. Eden explained that a FIRM is a Flood Insurance Rate Map. At the present time the study is being conducted in Auburn, Kent and Renton, and they intend to put out a contract for the City of Tukwila later this year. They will meet with the City first. Mayor Bauch stated that there will be a new resolution on this item presented to Council. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE AGENDA BE AMENDED TO ALLOW THE DRAWING OF POSITION NUMBERS FOR THE COUNCIL POSITIONS THAT WILL BE ON THE BALLOT THIS YEAR. MOTION CARRIED. The following position numbers were drawn: Councilman Gardner Councilman Saul Councilman Pesicka Councilman Bohrer 3 4 #2 #1 TUKWILA CITY COUNCIL REGULAR MEETING July 5, 1977 Page 3 FIRST READING OF ORDINANCES Ordinance #1027 concerning Fire Zones /g MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Deputy City Attorney Hard read an Ordinance amending Ordinance No. 1013 which created and established Fire Zones. MOVED BY HILL, SECONDED BY SAUL, THAT ORDINANCE NO. 1027 BE ADOPTED AS READ. Councilman Pesicka stated that since the City has a good fire insurance rating, we should support our Fire Chief, and if he feels we should have Fire Zone 1, we should have it. Councilman Bohrer cited from a report from the Fire Department concerning the incidents of fires at Southcenter. It indicates that in the first four months of this year, there were thirteen responses at Southcenter 70 percent were electrical related. In 1976, there were a total of twenty -five calls 40 percent were electrical related. Councilman Van Dusen asked Chief Crawley if, in future building, is the Fire Department going to have the say on how much will be sprinklered? Chief Crawley stated that there is a separate Ordinance requiring fully sprinklered building that meet NFPA 13. Councilman Pesicka asked Chief Crawley if he is happy with this change? Chief Crawley stated no, and explained that Southcenter cannot construct any buildings down there even under Fire Zone 2. He explained that under Fire Zone 1 when they remodeled, it costs them more money because they must use fire treated material. It still boils down to the interpretation of 'fully sprinklered buildings' and his interpretation of Southcenter is that it is not fully sprinklered. Councilman Bohrer asked if Council passes this Ordinance can there still be no additions to the Mall without the determination that the building is fully sprinklered? Al Pieper, Building Official, stated that is true, but the passing of the Ordinance won't change the Mall. Mayor Bauch said it could come to the situation where, if a building plan were rejected because Chief Crawley said it wasn't fully sprinklered, it could be appealed to the Fire Board of Appeals. Chief Crawley stated that this Oridnance is not in the Fire Code so it would come back to the Council. Councilman Hill asked if we are requiring above and beyond what is required by the Fire Code? Chief Crawley replied yes; that is why we are able to do today with what we have. Councilman Hill stated that at Parkway Plaza, we have many people shopping and that was built under Fire Zone 3; we should have one set of rules for everybody. Chief Crawley explained that at Parkway Plaza they are able to get to the building, but at Southcenter, there are times of the year that they cannot get near because of the traffic. He recommended Council not take action this evening and come back to it. Councilman Saul stated thatCouncil has spent approximately four hours on this. He would like to see it Fire Zone 2 and then move on to something else. MOTION CARRIED WITH MRS. PESICKA VOTING NO. TUKWILA CITY COUNCIL REGULAR MEETING July 5, 1977 Page 4 FIRST READING OF ORDINANCES Cont. Ordinance #1028 Establishing Maule Avenue as a One -Way Street RESOLUTIONS Resolution #590 Color of the handrails on the Frank W. Zepp Bridge Resolution #591 Agreement with State Department of Highways for rehabilitation of Southcenter Blvd. Resolution #592 Agreement with Foster and Marshall, Inc. for Financial Advisory Services Resolution #593 Water agreement with Water District 38 MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an Ordinance establishing Maule Avenue as a one -way street. MOVED BY HILL, SECONDED BY SAUL, THAT ORDINANCE NO. 1028 BE ADOPTED AS READ. The one -way will be northbound. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a Resolution directing that the color of the handrails on the Frank W. Zepp Bridge be forever International Orange. MOVED BY HILL, SECONDED BY SAUL, THAT RESOLUTION NO. 590 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to sign an agreement with the State of Washington Department of Highways for the rehabilitation of Southcenter Boulevard from 65th Ave. South to Highway 181 (Interurban Avenue South). MOVED BY HILL, SECONDED BY SAUL, THAT RESOLUTION NO. 592 BE ADOPTED AS READ. Steve Hall stated that rumor has it the City will be receiving written approval of the grant shortly. MOTION CARRIED. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a Resolution authorizing the Mayor to execute an agreement with Foster and Marshall, Inc. for Financial Advisory Services concerning the sale of a bond issue for construction of a new city hall. MOVED BY HILL, SECONDED BY MRS. PESICKA,THAT RESOLUTION NO. 592 BE ADOPTED AS READ. Councilman Saul noted, for the information of the audience, that the financial services fee is $2,100 and that fees for rating services, prospectus printing, bond printing, attorney's fees and publication of Notes of Sale will be extras paid for by the City. 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 Water Agreement with Water District 38. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THIS ITEM BE REFERRED TO THE COMMITTEE OF THE WHOLE. Mayor Bauch noted that the time is now 7:50 P.M. and Council has almost completed the agenda for the evening so there is time to discuss this now. TUKWILA CITY COUNCIL REGULAR MEETING July 5, 1977 Page 5 RESOLUTOINS Cont. Resolution #593 Water Agreement with Water District 38 Cont. Resolution #594 Directing the Building Official to abate a public nuisance DEPARTMENT REPORTS Mayor's Report City Attorney MOTION FAILED. S ?5 Steve Hall, Public Works Director, reviewed the Staff Report and explained the procedure used in arriving at the charge for water figure. The amount computed to be 67¢ per 100 cubic feet based on actual flow through the meters plus a surcharge of approximately 6¢ per 100 cubic feet will be added to the bill commencing January 1, 1978. Mr. Hall explained that Water District 38 approached the City for this agreement as they have problems in the area of South 135th. This is an area where we have duplicate service. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION NO. 593 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a Resolution authorizing the Building Official and the City Attorney to take all steps necessary to abate a public nuisance. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT RESOLUTION NO. 594 BE ADOPTED AS READ. Councilman Hill noted that this is the building at 14424 56th Avenue South and it has been a public nuisance for many years. MOTION CARRIED. Resolution #595 MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE PROPOSED RESOLUTION Property Use and BE READ. MOTION CARRIED. Developers Agreement with David Neel and Laura J. Kellogg Deputy City Attorney Hard read a Resolution authorizing the Mayor to execute a Property Use and Developers Agreement with David Neel Kellogg and Laura J. Kellogg. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT RESOLUTION NO. 595 BE ADOPTED AS READ. Steve Hall, Public Works Director, stated that this development is on South 134th Street in the area known as I -5 Industrial Park. He explained that there is an open storm drainage ditch running from 48th Avenue South along South 133th Street, then turns and flows into the freeway storm drain. At the present time, this area cannot handle the flow. We anticipate enclosing the ditch as the area developes and join this line to the 24 inch State Highway Line. It is impossible to keep the ditch clean as it is now. MOTION CARRIED. Mayor Bauch reported that the Explorer Post won an award for marching in the Burien parade. He reported that he has had good response from his letters asking for donations to help develop the Christianson Trail. This project has been endorsed by the Tukwila Industrial Council. Deputy City Attorney Hard reported that things are quiet; there are no new lawsuits. The brief on LID #28, Esping vs. Pesicka, is due tomorrow. It will probably be fall before there is an answer. The legal question involved is whether there were enough protests to defeat the creation of the LID. Attorney Hard asked Council for an Executive Session to report on the progress in negotiations in two property related matters. TUKWILA CITY COUNCIL REGULAR MEETING July 5, 1977 Page 6 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Noise Survey Laminating Machine EXECUTIVE SESSION 8:40 P.M. 9:09 P.M. ADJOURNMENT G8 g6 Councilman Van Dusen reported that the Public Safety Committee would like to mail out a noise survey to the citizens and asked Council permission to use the postage. The cost would be approximately $250. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE PUBLIC SAFETY COMMITTEE BE ALLOWED TO SEND THE SURVEY. MOTION CARRIED. Councilman Van Dusen reported that the Police Officers Association has purchased a laminating machine and would like to bid on any City projects. The profits will be used on their youth programs. Councilman Traynor congratulated Attorney Hard on the speech he gave at the Association of Washington Cities' convention. MOVED BY HILL, SECONDED BY SAUL, THAT COUNCIL GO INTO EXECUTIVE SESSION. MOTION CARRIED. In attendance at the Session were Attorney Hard, Kjell Stoknes, Mayor Bauch and all Council Members. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. 9:10 P.M. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL BE ADJOURNED. MOTION CARRIED. Edgar D,(/Bauch, Mayor Maxine Anderson, City Clerk