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HomeMy WebLinkAbout1980-01-14 Regular MinutesTUKWILA CITY COUNCIL January 14, 1980 Tukwila City Hall Council Chambers 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL APPOINTMENTS Judge Payne to the Municipal Court Award of City Employee Service Pins Claim for Damages: Linda D. Edwards Regular Meeting M I N U T E S Mayor Todd, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. Regular Meeting of January 7 was canceled because of weather. LIONEL C. BOHRER, Council President; MABEL J. HARRIS, GEORGE D. HILL, DORIS E. PHELPS, DANIEL J. SAUL, GARY L. VAN DUSEN. MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCILMAN JOHANSON BE EXCUSED FROM THE MEETING. MOTION CARRIED. LAWRENCE E. HARD, City Attorney; JOHN MCFARLAND, Administrative Assistant; KJELL STOKNES, OCD Director; PHILLIP FRASER, Office Engineer, MAXINE ANDERSON, City Clerk. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE MINUTES OF THE REGULAR MEETING OF DECEMBER 17, 1979, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY HILL, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Fund Vouchers #5101 #5225 Current Fund Street Fund Arterial Street Federal Shared Rev. Land Acq, Bldg, Dev. Golf Acq. etc. Water Fund Sewer Fund Firemen Pension LID 29 C 16 17 LID 25 C 85 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS 5101 -5175 5176 -5189 5190- 5191 -5194 5195 -5200 5201- 5202 -5213 5214 -5223 5224 -5225 $80,016.00 Rev 9,208.34 Rev 23,430.01 37,063.41 136.83 2,780.65 7,069.60 2,673.12 18,881.17 12,847.42 50.74 $104,932.95 9 $80,016.00 2 9,208.34 Mayor Todd administered the Oath of Office to Frank W. Payne as Judge of the Tukwila Municipal Court. MOVED BY BOHRER, SECONDED BY HILL, THAT COUNCIL APPROVE THE ADMINISTRATION'S RECOMMENDATION THAT JUDGE PAYNE CONTINUE AS JUDGE OF THE TUKWILA MUNICIPAL COURT. MOTION CARRIED. Council President Bohrer called the names as Mayor Todd presented the employee service pins, congratulated each employee and thanked them for their years of service to the City. A 5 year pin was presented to Judge Payne, 15 year pin to Gene Elfstrom of the Maintenance Shop, 8 10 year pins and 25 5 year pins were presented. He also presented Councilman Hill a service pin for two terms and Councilman Johanson, Saul, and Van Dusen one term service pins. John McFarland, Administrative Assistant, explained that a Claim for Damages was filed by Linda D. Edwards over an incident involving a Tukwila Police Officer who struck a vehicle with his flashlight in an effort to avoid a potential collision. Mr. McFarland recommended the claim be awarded in the amount of $81.60. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL APPROVE PAYMENT OF THE CLAIM.* TUKWILA CITY COUNCIL, REGULAR MEETING January 14, 1980 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Claim for Damages: Linda D. Edwards (cont.) Claim for Damages: Greentree Village Apartments Letter from John Spellman concerning housing for elderly ORDINANCES Ordinance #1140 Reclassify certain property from R -1 -12 to C -2. (Benaroya) Councilman Van Dusen thought the person should receive a ticket instead of receiving the claim. It is obvious she was not following the instructions. She was paying more attention to the accident than to her driving. Mr. McFarland said he checked on the circumstances; it was a very rainy night, visibility was extremely limited; it was dark and there was a good deal of confusion due to the accident. He recommended the person be given the benefit of the doubt. It was a case of confusion and poor judgment. *MOTION CARRIED WITH VAN DUSEN VOTING NO. Mr. McFarland explained that a claim, filed by Joe Gray of the Greentree Village Apartments is in conjunction with an arrest made by the Tukwila Police Department. An officer forceably entered an apartment causing damage to the door and frame. He recommended the claim be awarded in the amount of $87.50. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL RECOGNIZE THE CLAIM AND APPROVE THE PAYMENT OF $87.50. MOTION CARRIED. Mayor Todd introduced a letter from John D. Spellman, County Executive, encouraging participation in a program to provide affordable housing for elderly residents of King County. He said it was placed on the agenda for Council discussion. MOVED BY HILL, SECONDED BY HARRIS, THAT THIS ITEM BE REFERRED TO THE COMMITTEE OF THE WHOLE MEETING.* Councilman Bohrer asked if it would be tonight's Committee of the Whole Meeting. Councilman Hill said he would like it on tonight and would then like to see it put in Committee for investigation. He said he would like to see a complex, affordable to older people, in this town. *MOTION CARRIED. Phil Fraser, Public Works Department, reported on the possible drainage problems created by this rezone and noted that the Public Works Department is requiring the developer to install an on site retention facility. Parts of the existing system are not adequate to take on additional intensity of drainage. Councilman Hill asked if this was to meet the requirements for a 100 year storm. Mr. Fraser said this is a 10 year requirement. A 100 year storm would be too large for the existing system the 36 inch line flows into. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila reclassifying certain property from R -1 -12 (Single Family) to C -2 (Retail) as contained in the Planning Division Master File No. 79 -34 -R subject to certain conditions. MOVED BY BOHRER, SECONDED BY SAUL, THAT ORDINANCE NO. 1140 BE ADOPTED AS READ.* Attorney Hard reminded Council that this is an ordinance to rezone property so they need to state findings and conclusions in support of their decision. Councilman Van Dusen asked if this is part of the R -1 area that was exempted from the LID until rezoned. Mayor Todd said that it was exempt and the owner has to pay $668 per acre when the rezone takes place. Councilman Saul asked what the area to be developed is. Mr. Stoknes explained it ends at the toe of the slope on the north. He displayed a TUKWILA CITY COUNCIL, REGULAR MEETING January 14, 1980 Page 3 ORDINANCES Cont. Ordinance #1140 Reclassify certain property from R -1 -12 to C -2. (Benaroya) (cont) RESOLUTIONS Resolution #706 Fixing the time when the petition will be heard on the vacation of a street (44th P1.So.) (Mellen Johnson) Proposed Resolution Accepting a Quit Claim Deed Bill of Sale on Upland Drive. ,c) 6y7 drawing of the proposed development and discussed the project. Councilman Saul asked where the water would go if we had a 100 year flood. Mr. Fraser explained that the water will go into the retention facility, then into the 36 inch culvert until the water in the main system subsides enough to handle the excess. Councilman Harris asked if the present drainage system is adequate to take this extra. Mayor Todd said he believes it is if they keep the system cleaned out. During the high water last week, it was plugged up, but it is the State Highway's responsibility to keep it clean. Councilman Harris asked if the highest portion on the property is removed will it disturb the slope of the hill to where slides might occur. Al Pieper, Building Official, said there will be very little dirt either removed or added to the site. There will be quite a bit of dirt rearranged. The toe of the hill will not be touched. Councilman Bohrer questioned if the engineering had been thoroughly reviewed so that the hillside will not be touched during construction of the total development. Mayor Todd noted that the drawings on which the permit will be issued showsthat the toe of the hill won't be disturbed. Staff will have to be sure this is the case. Attorney Hard recommended that Council amend the Ordinance to clarify Section 2. Under subparagraph #1, change "That the recommendation of approval is based" to read "All improvements as shown." Under subparagraph #2, in order to settle Council's concern about the drainage problems, change "construction of the parking facility" to read "the issuance of a grading permit for the parking facility." MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE ORDINANCE BE AMENDED IN SECTION 2, SUBPARAGRAPHS 1 AND 2 AS RECOMMENDED BY THE CITY ATTORNEY. MOTION CARRIED. Attorney Hard reminded Council again that it is necessary for them to make finding and conclusions when adopting the ordinance. He suggested that Council adopt the findings and conclusions as found by the Planning Commission in the Staff Report dated November 15, 1979. Mr. Stoknes read aloud the 10 findings and 5 conclusions. He recommended that Section 5 be added to the ordinance as follows: The Planning Commission's Finding and Conclusions in the Staff Report dated November 15, 1979, as found in Planning Division Master File No. 79 -34 -R are adopted by reference. MOVED BY HILL, SECONDED BY SAUL, THAT THE ORDINANCE BE AMENDED TO INCLUDE SECTION 5 AS STATED BY MR. STOKNES. MOTION CARRIED. *MOTION CARRIED TO ADOPT ORDINANCE AS AMENDED. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Washington, fixing the time when the petition will be heard on the vacation of a street. MOVED BY BOHRER, SECONDED BY HILL, THAT RESOLUTION NO. 706 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY.* Councilman Hill said there seems to be some discussion by Staff as to the advisability of accepting Upland Drive. He suggested TUKWILA CITY COUNCIL, REGULAR MEETING January 14, 1980 Page 4 RESOLUTIONS Cont. Proposed Resolution Accepting a Quit Claim Deed Bill of Sale on Upland Drive (cont.) DEPARTMENT REPORTS Mayor's Report City Attorney's Report Seminar Mike Lowry ADJOURNMENT 8:15 P.M. the resolution be tabled until after the next Public Works Committee Meeting. They will visit the site and discuss the problems with staff and put it on next weeks agenda. *MOVED BY HILL, SECONDED BY SAUL, THAT THE RESOLUTION ACCEPTING THE RIGHT -OF -WAY AND UTILITY IMPROVEMENTS ON UPLAND DRIVE BE TABLED.* Councilman Bohrer expressed his concerns: 1) the broken stop sign on the street should be repaired; 2) the sidewalk is on the north side of the street and is only one -third the distance of the street. He suggested it be accepted on the condition the sidewalk will be completed by the developer. Mr. Fraser said the sidewalk is in the right -of -way and is a requirement of the development. The original street design had no sidewalks. *MOTION CARRIED. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Mayor Todd reported that the Mayor's job is bigger than its ever been. Attorney Hard reported he is meeting with Mayor Todd on Tuesday to review the status of the existing lawsuits and discuss what actions can be taken. Charles Wetzler, Mr. Chuck Wetzler, 14471 56th Avenue South, questioned procedure Audience used at Council Meetings. He has attended the last couple of meetings and noted that during the question periods, people in the audience are recognized and allowed to speak. Mayor Todd acknowledged that the policy is to allow audience comments. Mr. Wetzler noted that at the last meeting, several people raised their hands and were recognized, but on two occasions he raised his hand, as a citizen, and was completely ignored. You Council people were elected to serve the Community. At the last regular meeting some of you took a 180° turn on issues and can't justify it. This is disturbing. It makes me wonder why. I'm a citizen and I'm going to be here. I expect 110% from you people. Councilman Bohrer said it has always been the policy of the Council to recognize people from the audience no matter which side of the issue they will speak on. Councilman Saul said he would like to have the date set for a seminar which would include the Mayor, Council and Department Heads. Council agreed on the second Saturday in February (9th). Mayor Todd announced that Mike Lowry will be at Tukwila City Hall, Saturday, February 2 from 10:00 to 12:00 to meet the public. Everyone is welcome. MOVED BY SAUL, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Mayd r Ci'ty €l erk