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HomeMy WebLinkAbout1977-08-01 Regular MinutesAugust 1, 1977 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS AND AWARDS Demolition and removal of building at 14424 -56th Avenue South CITIZENS' COMMENTS Candidates filed for council positions Waiver from Res. #489 (Slope stability) 53rd Ave. So. and So. 160th, Requested by Jack Anderson M I N U T E S TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall Council Chambers Mayor Pro Tem George Hill, presiding in the absence of Mayor Bauch, called the regular meeting of the Tukwila City Council to order. LIONEL C. BOHRER, DWIGHT R. GARDNER, GEORGE D. HILL, PHYLLIS PESICKA, DANIEL J. SAUL, DWAYNE TRAYNOR, GARY L. VAN DUSEN. KJELL STOKNES, OCD Director; JOHN MCFARLAND, Administrative Assistant; MABEL J. HARRIS, City Treasurer; LAWRENCE HARD, City Attorney; MAXINE ANDERSON, City Clerk. MOVED BY MRS. PESICKA, SECONDED BY VAN DUSEN, THAT THE MINUTES OF THE REGULAR MEETING OF JULY 18, 1977, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Current Fund Street Fund Fed. Shared Revenue Water Fund Sewer Fund LID 25 C69 -70 -71 1,326.83 LID 27 C20 25 152,329.81 LID 28 C8 9 1,122,21 Vouchers No. 3182 3309 3182 3263 3264 3276 3277 3289 3290 3301 3302 3309 12,445.54 17,172.05 4,784.13 19,136.73 3,843.75 57,382.20 R 37 1,326.83 R 5 152,329.81 Special financing -no Revenue warrant Mayor Pro Tem Hill explained that the bids will be opened for the demo- lition and removal of a building located at 14424 56th Avenue South. Nine contractors had picked up specifications but only one has been returned. It is from Center Dozing, Inc., 2117 S.W. 114th, Seattle, 98146. Mayor Pro Tem Hill opened, noted the bid bond enclosed, and read the bid in the amount of $3,267.40 (tax included). It was explained that, if awarded, a lien in this amount would be placed on the property. MOVED BY VAN DUSEN, SECONDED BY BOHRER, THAT COUNCIL ACCEPT THE BID OF CENTER DOZING, INC. IN THE AMOUNT OF $3,267.40. MOTION CARRIED. Councilman Van Dusen commented that he was glad to see ten people had filed for the Council positions. This will give the citizens a choice when they go to the poles. Mayor Pro Tem Hill noted a memo from the Secretary of State that only those positions where three or more candidates have filed will appear on the primary ballot in September. PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS Kjell Stoknes gave Staff Report on the Waiver from Resolution #489, Section 4.D.2(a) (Slope Stability) requested by Jack Anderson for property located at the Northwest corner of 53rd Avenue South and South 160th Street. The proposed development of a 130 unit apartment complex is on a site approximately 3.1 acres. The present zoning is RMH which allows this type of use. Staff feels that the development is inconsistent with several of the policies of the natural environment element. The proposed Comprehensive Plan is recommending single family residence in this area. Based on the analysis of the criteria, staff recommends that the City Council deny the waiver. TUKWILA CITY COUNCIL REGULAR MEETING August 1, 1977 Page 2 PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS Cont. Waiver from Res. #489 (Slope stability) 53rd Ave. South and South 160th, Requested by Jack Anderson Cont. Waiver from Res. #489 requested by Peter Skarbo (Cont. Page 4) FIRST READING OF ORDINANCES Ordinance #1029 Reimbursement of mileage expense /9/1 Mayor Pro Tem Hill asked if anyone in the audience would like to speak for or against this proposal. Mr. Ernie Onorati, 5102 South 163rd Place, noted that the Highline Community Plan recommends this site for single family residence and this also agrees with the latest proposed Comprehensive Land Use Plan. He recommended following these plans. It was noted that there was no one present to speak for the development of the property. MOVED BY BOHRER, SECONDED BY MRS. PESICKA, THAT COUNCIL DEFER ANY ACTION ON THE WAIVER UNTIL AUGUST 15, 1977, TO ALLOW THE DEVELOPER TIME TO APPEAR AND DISCUSS THIS. Attorney Hard stated that if Council wanted to make it a fact finding hearing, they could advertise a Public Hearing but recommended it be set for the September meeting to allow time for publication. Mayor Pro Tem Hill stated that there was a lot of discussion on this proposal at the last Committee of the Whole meeting. Mr. Anderson was not in attendnace at that meeting. Councilman Van Dusen stated that he would like all the facts before making a decision. Councilman Bohrer questioned whether the developer is serious since he has not appeared at the two scheduled meetings. Councilman Saul stated he did not feel a public hearing was necessary as it had already been discussed. Councilman Gardner stated he thought they should have a Public Hearing. MOTION CARRIED WITH GARDNER VOTING NO. Mr. Ernie Onorati, 5102 So. 163 Pl., asked if a Public Hearing will be set on this proposal at the August 15 meeting? Mayor Pro Tem Hill stated that Council has three choices deny, approve or set a Public Hearing. Attorney Hard stated that if Council denies the waiver, under Resolution No. 489 (the do nootrhave the right to appeal the negative decision. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT AGENDA ITEM NO. 7B BE DEFERRED UNTIL LATER. MOTION CARRIED. Mabel Harris, City Treasurer, explained that it has been the policy of the City since 1964 to reimburse employees and Councilmembers 10 cents per mile for travel expense. At that time, an ordinance was drawn granting the Police Chief 10 cents per mile for the use of his private vehicle. The State Auditor, at that time, felt that if one employee received mileage, all should. Mrs. Harris stated that she has checked with surrounding cities and find that most now pay 15 cents per mile. MOVED BY MRS. PESICKA, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Deputy City Attorney Hard read an ordinance of the City of Tukwila, Washington, providing for reimbursement of mileage expense. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT ORDINANCE NO. 1029 BE APPROVED AS READ. TUKWILA CITY COUNCIL REGULAR MEETING August 1, 1977 Page 3 FIRST READING OF ORDINANCES Cont. Ordinance #1029 Reimbursement of mileage expense Cont. Ordinance #1030 Providing for the appropriation and transfer of funds RESOLUTIONS Councilman Bohrer asked if this ordinance was necessary now that we are a Code City or could administration just set the policy? Attorney Hard stated that he felt administration could adopt this as a policy but, suggested that the ordinance is a good idea since there is a previous one. However, he would like to see this ordinance repeal the one passed in 1964. Once this is passed and set as a policy, all Councilmembers, Boards and Commissions, and employees will be paid at the same rate. Hill, Van Dusen, and Traynor expressed the opinion that Council should set policy where spending is concerned. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE ORDINANCE BE AMENDED TO INCLUDE THE WORDS 'REPEAL ORDINANCE NO. 403' IN BOTH THE TITLE AND BODY. MOTION CARRIED. MOTION CARRIED AS AMENDED. MOVED BY VAN DUSEN, SECONDED BY MRS. 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, providing for the appropriation and transfer of funds and, amending 1977 Budget Ordinance No. 1002. It was explained that this ordinance covers three appropriations and transfers: 1. Funds received from the LEAA Grant 2. Title II Antirecession Fiscal Assistance Funds 3. Social Security Funds distributed to the Firefighters. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ORDINANCE NO. 1030 BE ADOPTED AS READ. MOTION CARRIED. Resolution #597 MOVED BY VAN DUSEN, SECONDED BY MRS. PESICKA, THAT THE PROPOSED Authorizing purchase RESOLUTION BE READ. MOTION CARRIED. of property for public use it. Deputy City Attorney Hard read a resolution authorizing purchase of property for public use. Attorney Hard explained that this is the site known as the CHG property located in the vicinity of South 160th and 53rd Avenue South. He noted that the City agrees to pay the purchase price of $265,000 and closing costs including title insurance and 1 percent excise tax. The property is subject to litigation at this time. The agreement reads that 'upon delivery to Sellers of the purchase price for the Property, and delivery to the City of a Deed or Deeds for the Property, the Sellers, CHG, and the City shall execute and file a Stipulation and Order of Dismissal, dismissing with prejudice and without costs the lawsuit captioned CHG International, Inc., et al. v. City of Tukwila, et al.' As it turned out, it was fortunate for both parties. The City has had their eye on this property as a park site for some time, and it is a fair price for all parties concerned. MOVED BY MRS. PESICKA, SECONDED BY SAUL, THAT RESOLUTION NO. 597 BE ADOPTED AS READ. Councilman Van Dusen expressed concern about the maintenance of the property once it is developed. He reminded Council that new City Hall will be added to the maintenance list. He wondered if the Tukwila Action Committee would like to clean up this area and work on developing Dennis Robertson, President of the Tukwila Action Committee, felt they would be glad to temporarily clean and develop the site. He said he would go back and talk to the group. He further asked the meaning of 'public use' in the Resolution. TUKWILA CITY COUNCIL REGULAR MEETING August 1, 1977 Page 4 RESOLUTIONS Cont. /2 /3 Resolution #597 Councilman Hill explained that it allows the City a broader use of the Authorizing purchase property. They could build a civic center or, if it became necessary, of property for install a small police or fire station. He asked the Action Committee public use Cont. to coordinate all developments with the Park Board and the OCD Director. Proposed Resolution Authorizing payment for participation in lawsuit Unemployment Compensation Act (Continued {ytom Page 2) Waiver from Resolution #489 Rezone from R -1 -7.2 to C -2, Southcenter Parkway near Puget Power Substation, Requested by Peter Skarbo Councilman Traynor suggested contracting for gardening services rather than hire more people. Councilman Gardner asked if the Metro Sewer connection charge of $28,000 has been prorated to adjacent property owners and, how much of that does this property owe? Councilman Hill explained that at the time the property owner connects to the sewer, he will pay this charge. Councilman Bohrer noted Section 3 of the Settlement Agreement says 'the City agrees that full inspection of the property has been made' and he asked who made that inspection? Attorney Hard stated that this is a standard covenant in purchase of real property. He felt that someone could walk the property before the agreement is signed. Councilman Traynor asked if the property had been surveyed? Mr. Frank Alberti, property owner, stated that they had a topographic and legal boundary survey. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Attorney Hard read a resolution of the City of Tukwila, Washington, authorizing payment for participation in pending litigation against Federal Unemployment Compensation Amendments of 1976, Public Law No. 94 -566. Municipal Attorney Hard explained that the National Institute ofq Law Officers (NIMLO) has established a trust fund. They estimate it will cost between $800,000 and $1,000,000 to pay for the plaintiff's side of this lawsuit. The trust fund now has around $750,000. If the City wants to enjoy the benefit of this lawsuit, they have to be named as a party. They figured out a formula which was 5 cents per person or a minimum of $250.00. Tukwila has to pay the minimum. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE REGULAR MEETING OF AUGUST 15, 1977. MOTION CARRIED. Kjell Stoknes explained that this waiver from Resolution #489 is to allow rezone from R -1 -7.2 to C -2 for a piece of property north of the Puget Power Substation on the west side of Southcenter Parkway. The objective is to allow the site to be added to the presently zoned C -2 parcel to the North. Staff recommends that the City Council approve the waiver request. Councilman Saul asked about excavation of the hillside. Mr. John Mahlum, Architect, explained that they are not touching the hillside. They will be excavating the gradually sloping ground up to the toe of the hillside for the first floor. They intend to leave the trees and vegetation as is on the hillside. TUKWILA CITY COUNCIL REGULAR MEETING August 1, 1977 Page 5 Waiver from Resolution #489 Rezone from R -1 -7.2 to C -2, Southcenter Parkway near Puget Power Substation, Requested by Peter Skarbo -Cont. DEPARTMENT REPORTS Mayor Pro Tem Employee I.D. Cards City Attorney's Building Department Mid -Year Activity Update Noise Study Hiking Trails and Undergrounding Thorndyke Senior Center Letter from Leader Corp. /9 /V Councilman Saul asked about sidewalks and was told they will provide them. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL GRANT THE WAIVER FROM RESOLUTION 489. Councilman Bohrer stated that he would like to see the Planning Commission and the Staff address the questions on sidewalks and set- backs on the site. MOTION CARRIED. Mayor Pro Tem Hill showed Council the new Employee Identification Cards and asked for their concurrence to spend $30.00 to have the cards laminated with plastic. MOVED BY VAN DUSEN, SECONDED BY SAUL, TO ALLOW $30.00 FOR LAMINATING THE I.D. CARDS WITH PLASTIC. MOTION CARRIED. Attorney Hard reported that the month of July has been a quiet month. The Parker vs. Tukwila lawsuit has been set for January 1978. The CHG matter looks like it is about to close. They are busy trying to get the purchase of the Independent Water Company finished. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS MOVED BY MRS. PESICKA, SECONDED BY VAN DUSEN, THAT A LETTER FROM AL PIEPER, BUILDING OFFICIAL, BE READ FOR THE RECORD. MOTION CARRIED. 'A total of 150 building permits have been issued the first six months of 1977. Total valuation of construction is $5,800,227. The number of permits represents an increase of 25 percent over 1976 and 50 percent over 1975. The valuation of construction represents a 140 percent increase over 1976 and a 240 percent increase over 1975. Revenue produced from code enforcement activitiy is $19,612.' Al Pieper stated that this was accomplished with the assistance and cooperation of Gary Crutchfield for plan review and approval of sign permits and Doris Phelps for secretarial duties. Councilman Hill stated that the city is lucky in having a lot of conscientious employees. Councilman Van Dusen stated that the Noise Survey done by the University of Washington will be finalized by September 1. Councilman Bohrer stated that he had hiked the new trails and they are coming along well. Further, the undergrounding seems to be going along well. The old poles and wires are coming down. Councilman Van Dusen raised a question on construction at the new Thorndyke Senior Center. The question has to do with ceiling beams that extend out into the open shed. The architect proposed cutting these off then extending the addition. It was suggested by Mr. Fred Shephard that the addition could be made without cutting the beams, thus saving money. Kjell Stoknes, OCD Director, was asked to check into this and report back to Council. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE LETTER TO JIM HOEL, FIRE MARSHALL, FROM LEADER CORPORATION BE READ FOR THE RECORD. MOTION CARRIED. The Letter dated July 24, 1977, asked Mr. Hoel to thank all of the firemen who conducted the training sessions on fire extinguishers in their data center. These sessions took many hours out of their day, and they were always courteous and pleasant. The letter was signed by Mr. James K. Boardman, Center Manager. TUKWILA CITY COUNCIL REGULAR MEETING August 1, 1977 Page 6 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. 62nd Hiking Trail Councilman Traynor stated that he had hiked the 62nd Avenue trail and Proposed San Juan asked if Council or the Planning Commission will get to review the Development plans for any proposed building at the San Juan Apartments. If a three or four -story apartment is built there, it will encourage apartments on the rest of the hillside. EXECUTIVE SESSION 9:08 P.M. 9:51 P.M. ADJOURNMENT i 9AS Kjell Stoknes reported that the zoning is already there so it does not take a review by the Planning Commission. They have applied for a building permit. Mr. Stoknes wrote a letter to the developer requiring an Environmental Impact Statement. It has the option of a Public Hearing, but, with the State Environmental Policy Act, you can also set require- ments. If they are met, you can withdraw the requirement of an EIS. One of these requirements was drainage retention. Since then, King County Hydraulics has expressed the opinion that the rainwater should not be retained. The developer has been requested to landscape the pond. Mr. Stoknes stated that he did not request they make it a two story structure as he didn't want to test SEPA that far. If the developer meets the requirements, the EIS will be withdrawn and the building permit issued. Councilman Traynor advised Council to walk the trail and take a look at this. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL RECESS FOR 10 MINUTES THEN GO INTO EXECUTIVE SESSION. MOTION CARRIED. The Executive Session is to discuss Labor Negotiations with Teamster Local No. 763. EXECUTIVE SESSION CALLED TO ORDER AT 9:09 P.M. Present were all Councilmembers and John McFarland, Administrative Assistant. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. 9:52 P.M. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. J4 George Hi Tt, Mayor `Pro Tem Max1ne Anderson, City Clerk