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HomeMy WebLinkAbout1980-10-06 Regular MinutesTUKWILA CITY COUNCIL October 6, 1980 Tukwila City Hall 7:00 P.M. Council Chambers FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS AND AWARDS Approve Call for Bids: Christensen Greenbelt Project Phase II 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. LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DANIEL J. SAUL, Council President, GARY L. VAN DUSEN. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCILMAN PHELPS BE EXCUSED FROM THE MEETING. MOTION CARRIED. LAWRENCE E. HARD, City Attorney; JOHN MCFARLAND, Administrative Assistant; TED UOMOTO, Public Works Director; DON WILLIAMS, Recreation Supervisor; MAXINE ANDERSON, City Clerk, MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 15, 1980, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 29 BE APPROVED AS PUBLISHED. Councilman Bohrer noted that he did not receive the notice of the Special Meeting prior to meeting time. Councilman Harris said she was tied up in heavy traffic and was unable to get to the meeting. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Fund Vouchers #7876 #8080 Current Fund Golf Crse. Spec. Rev. Street Fund Federal Shared Rev. Foster Golf Acq. Water Fund Sewer Fund Firemen's Pension LID 30 C4/8078 $180.90 7876 8004,8079,8080 8005 -8006 8007 -8030 8031 -8036 8037 -8038 8039 -8059 8060 -8076 8077- 33,177.46 16,005.50 144,473.47 887.15 6,247.09 33,148.81 4,439.29 20.80 $238,399.57 Councilman Johanson said the project was discussed, in detail, by the Public Works Committee. The Committee agreed it was an acceptable plan but had one suggestion. They wanted an extended curb substituted for a painted stripe between Christensen Road and the trail near Tukwila Parkway. MOVED BY JOHANSON, SECONDED BY HILL, THAT COUNCIL APPROVE THE CALL FOR BIDS TO BE ADVERTISED OCTOBER 10.* Don Williams, Recreation Supervisor, clarified that the curb will run from the trail at the north end of the Tecton property to Tukwila Parkway, not to the 405 overpass. The trail will start just south of the Strander Blvd. Bridge, pass under the bridge and continue to Tukwila Parkway. *MOTION CARRIED. Agend Agenda MOVED BY SAUL, SECONDED BY HARRIS, THAT COUNCIL CONSIDER AGENDA ITEM 10B AT THIS TIME. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1980 Page 2 BID OPENINGS AND AWARDS Cont. Resolution #764 Allowing the Tecton Co. to construct a fire lane on City owned right of -way Bid Received: Paint Fire Station 51 Amend Agenda Ordinance #1177 Relating to trans- fers within the annual budget Budget Transfer Motion To allow funding for costs incurred in the Water /Sewer Rate Study Considered again on Page 3 MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Washington, allowing the Tecton Company to construct a fire lane on City owned right -of -way in a portion of the Green River Shoreline Trail System. MOVED BY HILL, SECONDED BY HARRIS, THAT RESOLUTION NO. 764 BE ADOPTED AS READ. MOTION CARRIED. Mayor Todd recommended that the one bid received to paint Fire Station 51 be rejected and that Council take a second look at the project. The bid was in the amount of $6,500 and tax. MOVED BY VAN DUSEN, SECONDED BY JOHANSON, THAT THE BID FROM GUDMUNDSON COMPANY PAINTING CONTRACTORS, INC. BE REJECTED. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL CONSIDER ITEM 9B AT THIS TIME. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance amending Ordinance No. 1166 relating to transfers within the annual budget, provide for authority to contract or purchase goods and services and relating to purchase of unbudgeted fixed asset items. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ORDINANCE NO. 1177 BE ADOPTED AS READ.* Councilman Van Dusen said this ordinance eliminates transfers within the basic objects in the budget. He asked if the Mayor still had to approve them and was told yes. *MOTION CARRIED. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THIS ITEM BE TABLED. MOTION CARRIED. Councilman Van Dusen said the ordinance just passed should take care of this type of transfer. Councilman Bohrer said he was still unsure why Council does not need to pass the Budget Motion. The ordinance still says transfers within a Department or Division shall be by formal motion. Councilman Harris commented that she felt the intent of the rate study was to see if the water /sewer rates need to be raised; now, we have an ordinance on this agenda raising the rates. Why are we having the study? Mayor Todd explained that the City was notified on Thursday that the City of Seattle is raising our water rates. This is an interim proposal to assure that the increase is covered. We cannot sell water for less than we pay for it. We have been on notice of this increase for some time. Councilman Van Dusen said the ordinance is to take care of the increase; the study is to give an overall look at the water rates. Councilman Hill said the bonding capacity would be affected by the water rates. Mayor Todd said the Finance Department came up with the ordinance so the Water Fund won't lose money. TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1980 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Budget Transfer Motion No. 80 -37: Extra Labor for clerk salary increase for Evidence Technician Budget Transfer Motion No. 80 -38: Allow funding for costs of a Water/ Sewer Rate Study Formal Motion Regarding the Interurban Cor. Plan Claim for Damages: Puget Sound Power Light Company OLD BUSINESS Corrective Improve- ments to Doces Furniture Store property ORDINANCES Ordinance #1178 Granting to Wash. Natural Gas a franchise *MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ITEM NO. 7A, WHICH HAD BEEN TABLED, BE RECONSIDERED. MOTION CARRIED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL APPROVE BUDGET TRANSFER MOTION NO. 80 -38: To allow adequate funding in Professional Services for costs incurred in the Water /Sewer Rate Study. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY BOHRER, THAT ITEM 7C BE CONSIDERED LATER ON THE AGENDA. MOTION CARRIED. Puget Power filed a claim for damages to a vertical conduit by one of the City mowing machines. MOVED BY VAN DUSEN, SECONDED BY JOHANSON, THAT COUNCIL APPROVE PAYMENT OF THE CLAIM FOR DAMAGES FILED BY PUGET POWER IN THE AMOUNT OF $219.07. MOTION CARRIED. Councilman Bohrer asked where the money is coming from; does the City supply the labor and will Mr. Doces be contacted before the City proceeds? Mayor Todd said the City would supply the labor and Mr. Doces will be contacted. Ted Freemire, Public Works Supervisor, said they intend to use the $1,000 in Lift Station landscaping and use the City's manpower. *MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. x-90 MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL APPROVE BUDGET TRANSFER MOTION NO. 80 -37: Three months extra labor at Probationary Clerk wages and three months salary increase for the Evidence Technician for the Police Dept.* Councilman Bohrer said he still does not understand why Item 7A was tabled. Councilman Van Dusen said the change made by Ordinance No. 1177 eliminated transfers within the basic objects. At the present time, the accounting print -out sheets do not show a true picture of the Department's spending. Councilman Bohrer said the words "the basic objects" have been stricken and substituted by "a Department or Division." It goes on to say that there shall be a formal motion of the City Council to approve such a change. He said the change has not been effective. Councilman Van Dusen said he was looking at the intent. It looks like Council gained nothing by passing that Ordinance. Councilman Johanson reported that the Public Works Committee dis- cussed the corrective improvements to the Doces Furniture Store property on South 180th. They did not agree with the request for completing the parking lot. They did agree with the land- scape work included in Phase A. This was discussed with staff and it was felt the labor would be done by City employees. Mayor Todd asked if they would agree to the $300 for trees in Phase B. Councilman Hill said they agreed to the landscaping, but they didn't feel it was up to the City to asphalt the parking lot. MOVED BY JOHANSON, SECONDED BY HILL, THAT COUNCIL APPROVE THE "PHASE A" PORTION OF THE IMPROVEMENTS AND INCLUDE $300 FOR THE 6 TREES.* TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1980 Page 4 ORDINANCES cont. Ordinance #1178 Granting to Wash. Natural Gas a franchise (cont.) Ordinance #1179 Designating the Bonded City Employees the amount of bond required Proposed Ordinance Amending Section 2(c) 2(g) of Ord. 1071 (Park Place/ Sunwood) City Attorney Hard read an ordinance granting to Washington Natural Gas Company, a Washington Corporation, doing business in the State of Washington, the right and franchise to use and occupy the streets, avenues, roads, alleys, lanes, parks and other public places and ways of the City of Tukwila, Washington, for constructing, maintaining, renewing, repairing, and /or operating a gas works and /or distribution system,and other necessary means for manu- facturing, transmitting, distributing and /or selling gas within and /or through the City of Tukwila, Washington, and repealing Ordinance No. 135. MOVED BY SAUL, SECONDED BY HARRIS, THAT ORDINANCE NO. 1178 BE ADOPTED AS READ.* *MOTION CARRIED WITH HILL VOTING NO. MOVED BY SAUL, 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, Wash., designating the bonded city employees, the amount of bond required and repealing Ordinance #584. MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE NO. 1179 BE ADOPTED AS READ. MOTION CARRIED. Councilman Hill expressed concern about the Company being able to come into the City and cut a new street to make repairs. Attorney Hard cited Section 6 which had been revised to try and cover this situation. It says if the City intends to make any improvements to its right -of -way they will give Washington Natural Gas 45 days notice and they shall raise, lower, relocate, replace or install the facilities as necessary to confirm. Attorney Hard said he feels this franchise goes as far as the City can reasonably go. George Kresovich, Attorney, said he represents Pacific Townhouse Builders, the developers of the Park Place Development. He asked for reconsideration of the action that Council took on September 22. At that time, they considered revisions to 2 sections of Ordinance 1071 and sent the preliminary plat of the Sunwood Sub- division back to the Planning Commission. Remanding the Preliminary Plat back to the Planning Commission will serve no purpose. The location and the alignment of the firelane is the only item that was an issue. The Planning Commission had originally considered this location and recommended that the plat be approved subject to the Fire Department, Planning Department and the Developer coming up with a satisfactory alignment. The Developer has proposed a new alignment of the firelane that meets the Fire Chief's criteria. This is a preliminary plat approval; there is still another step in the review process. Before final plat approval is granted, it is going to have to be reviewed by City Staff, the Planning Com- mission and by Council. The plat they are proposing is the same plat presented last time except the firelane has been changed. This has not only been reviewed by the Fire Chief, but also by the property owners to the north, Mr. and Mrs. Sipe. They have expressed approval. The reason they are requesting this is because Council has placed some stringent conditions on them and they are going to try to live with them. They want to start the develop- ment and the process of final plat approval as soon as possible. Councilman Harris asked if the plat includes 6 lots and was told it did. Councilman Bohrer noted that this discussion is not the item that is on the agenda. He questioned whether it was appropriate to TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1980 Page 5 ORDINANCES Cont. Proposed Ordinance Amending Section 2(c) 2(g) of Ord. 1071 (Park Place/ Sunwood) cont. discuss. Mayor Todd noted that they have been meeting with Fire Chief Crawley and Mark Caughey, Planning Department, to attempt to resolve their problems. Councilman Bohrer said Council has received no information or confirmation of state- ments on the presentation. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT BOTH THIS ITEM AND THE PROPOSED ORDINANCE BE FORWARDED TO THE COMMITTEE OF THE WHOLE AGENDA FOR OCTOBER 13TH.* Councilman Van Dusen said he would like to discuss the matter and see if it can be resolved. Mr. Kresovich said that it is within Council power to reconsider a matter. Mayor Todd asked Mrs. Sipe if they had reviewed the plan, and he was told they have and they have no objectives. Councilman Bohrer asked if the contours are determined by survey. Mr. Halinen said field survey. Councilman Bohrer asked if they had a layout of the grade along the new proposal. Mr. Halinen explained the design profile they had posted for Council review. Councilman Saul asked if the Developer should pay a penalty for cutting down the trees in an area you were not allowed to cut. Mr. Kresovich said if someone willfully goes out and cuts trees with no justification, it is not just that he do this. The question is, did that happen; if it did, what is the appropriate way to proceed. I believe my clients when they thought they had approval. We are faced with a problem, that perhaps, we can solve in a practical manner. We are not asking you to reconsider the conditions placed on us. Now, we want to proceed as quickly as possible with the six lot plat. This is not the appropriate place to say whether they are guilty or not. Councilman Saul said he felt this was unfair; they have created a hardship by eliminating the trees and the judgment is due. Mr. Kresovich agreed, but said Council has to follow their ordinances and procedures to determine this. Councilman Saul said he wants justification for eliminating the trees from an area where it was not allowed. *MOTION FAILED. 3 YES; 3 NO, WITH MAYOR TODD VOTING NO TO BREAK THE TIE VOTE. Mayor Todd explained that at the last meeting, Council rejected the proposed firelane concept as being too steep and rejected the four lot plat as being too few lots. They are back now with a new proposal with a relocated firelane with a grade of less than 15° and a 6 lot plat. Councilman Harris asked the Fire Chief if he approves of the firelane. Chief Crawley said yes, they have met all the criteria. They have established the correct grade and turning radius for the trucks. Dave Halinen posted drawings of the proposed plat and explained how they had changed the location of the firelane to accomplish the grade requirements of the Fire Chief and maintain the 6 lots. Councilman Harris asked if they plan to landscape the north side of the firelane. Mr. Halinen said, yes, the way it is now planned. TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1980 Page 6 ORDINANCES Cont. Proposed Ordinance Amending Section 2(c) 2 (g) of Ord. 1071 (Park Place/ Sunwood) Cont. 3_3 Councilman Bohrer noted that the road running along the contour line should have zero slope, but the drawing doesn't indicate that. Mr. Halinen said the road will still be climbing through- out that area. Councilman Bohrer asked Mr. Uomoto if they have reviewed this proposal. Mr. Uomoto said they have just received it and would like to confirm it in the field. Mr. Halinen said they will have to have complete engineering drawings approved by the Public Works Department before they receive final approval on the plat. Mayor Todd agreed if it doesn't meet the specifi- cations, they won't get approval. Hubert Crawley, Fire Chief, said part of the agreement they have is that, before they start framing, the firelane will be com- pletely in. This will allow plenty of time for the City to check the grades. Mayor Todd said they have answered the Council's request that they consider a six lot plat and perform engineering studies to make certain the firelane is no more than 15 Councilman Van Dusen explained that he has spent a great deal of time reviewing this development. The proposed firelane meets the 15 but it is at a great deal of expense to the site. It increases the impact of the development in the area; it eliminates trees, add rocks and makes substantial more grading. At this point, we don't know if the firelane can be designed any other way. If Council approves the proposed ordinance, it has the following impact: (1) It will allow Phase I occupancy; (2) The zoning on Phase II stays in effect for another year; (3) It requires the final plat before building permits for Phase II. He said he feels, at this point, that there has been a disregard for the covenants under Ordinance 1071. Section 2 says that each phase of development shall provide the same proportion of open space identified for the overall development, exclusive of the R -1. Look what they have done with the preservation growth areas. These areas should have vegetation on them. There has been unnecessary tree removal. They agreed to a final plat of the R -1 district prior to issuance of any building permits within the remainder of the 12 acres. In the Environmental Impact Statement the lower pond was identified as an asset and must be improved. In Section 2(g) if the construction has not begun within 12 months, the zoning shall revert to the present desig- nation. The time has passed; the zoning has been lost. In re- ferring to the exhibits, the ridge line has been violated. There has been material pushed over the side. The trees left in Phase I can be cut down by the Homeowner's Association, and they will take them down for safety. Councilman Van Dusen cited the following options: (1) Let the old ordinance stand. This would not allow occupancy of Phase I and there would be a loss of zoning on Phase II; (2) Ordinance 1071 can be revised to allow the occupancy of Phase I. It would still result in the loss of Phase II zoning. Councilman Van Dusen recommended that if Ordinance 1071 is revised, the developer complete the cul -de -sac extension of 62nd Avenue South. He said he feels Council has limited authority after they pass this ordinance. He recommended that Council not allow Phase I to stand vacant. Councilman Bohrer said he has reached some of the same con- clusions. Ordinance 1071 has 9 stipulations;6 of these have not been complied with. The problem is broader than just dealing with the R -1 area. The issue of the firelane is not just for the R -1 area, but also for the development that is there. He expressed concern about allowing occupancy without the firelane. He would like to see a proposal as to the restoration of the R -1 area. The firelane as proposed will cause further major TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1980 Page 7 ORDINANCES Cont. Proposed Ordinance Amending Section 2(c) 2(g) of Ord. 1071 (Park Place/ Sunwood) Cont. damage to the site. The firelane duplicates other roads on the site and it is just putting more asphalt, more grading and more rockeries up there than the original plan intended. Councilman Johanson mentioned the crest of the hill, but said that there has been no indication of what the developer intends to do with the large rocks, logs and debris. This was a clear violation of the ordinance. *MOTION CARRIED. Councilman Harris said she expected this development to be the ultimate. She feels the area completed should be allowed oc- cupancy. They are well built units and it would be a beautiful spot if the covenants are followed. The ones that are built will bring in the most revenue to the developer. The development toward the north has less units. We have to go forward and try to correct this situation. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THIS ITEM BE TABLED TO THE NEXT COMMITTEE OF THE WHOLE MEETING.* Councilman Van Dusen said he would probably propose a revision to Ordinance 1071 that will eliminate the occupancy requirement on Phase I, but leave 1071 in tact. The effect will be loss of Phase II zoning, and they will have to reapply for the zoning. Mr. Kresovich said the reason they are before Council now on the preliminary plat approval is so they can proceed under Ordinance 1071 as the proposed amendments suggest. The building permit for Phase Ilis critically important to the developer. Obtaining those permits is what is going to allow them to continue the development. The time factor, if they lost the zoning, is some- thing they probably won't be able to withstand. He suggested that Council specify what the remedy is, what actions are to be taken and add these to Ordinance 1071. Councilman Van Dusen said Council has already given their directives. They were worked on for months. Maybe the developers can bring a proposal back to Council. Councilman Saul noted that Ordinance 1071 was passed in August, 1978, and they haven't bothered to comply with the requirements. Now, you want it done in a week. Attorney Hard said there is no penalty clause as it now reads. Obviously there is concern on the part of the Council. He offered to draw up a new ordinance, giving assurance that Council is looking for. Councilman Bohrer said, if Council is going to discuss this subject next week, there are some elements that should be included: (1) The letter the Fire Chief wrote the developers concerning the requirements on the firelane; (2) If you are going to use the new alignment for the firelane, a grading line for the roadway should be included; (3) A staff analysis from Public Works Engineering Department as to whether the approach of the line grading actually meets the 15° requirement; (4) Part of the package should be the restoration paln the developer proposes for the site replant, revegetate and clear off the debris. Councilman Saul said he wants to see where they get the permission to cut the 150 foot firelane. He wants to see the document. Council agreed to hear the proposed ordinance and the preliminary plat next week. TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1980 Page 8 ORDINANCES Cont. RECESS: 9:15 P.M.- 9:20 P.M. Proposed Ordinance Increasing the rates for metered water Proposed Ordinance Repealing Ord. 973, Dept. of Community Development Planning Formal Motion #80 -06: Accepting the recommendation of the Com. Affairs Com. regarding policy direction for the Interurban Corridor Plan COUNCIL AGREED TO RECESS FOR FIVE MINUTES. Mayor Todd called the Regular Meeting back to order with Council Members present as previously reported. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY.* Councilman Bohrer noted that Council has not seen this item before and asked what the emergency is. Mayor Todd reported that the City of Seattle Water Department has given notice that the rates will be increased on November 1. Between now and then the book- keeping machine will have to be reprogrammed with the new rates and this takes time. Council approval comes first. Councilman Van Dusen said the problem is that all of a sudden this is going to hit the rate payers. He felt a public hearing should be held. Mayor Todd noted that the newspapers have all carried the proposed rate change. The City could be in trouble with the State Auditor if we sell water for less than we pay for it Councilman Harris said the people should be notified. MOVED BY BOHRER, SECONDED BY SAUL, THAT THIS ITEM BE TABLED TO THE COMMITTEE OF THE WHOLE MEETING OF OCTOBER 13, 1980 AND HOLD A PUBLIC HEARING.* *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL CONSIDER 7C (Formal Motion on Interurban Avenue Corridor Plan) AT THIS TIME. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE FORMAL MOTION BE READ BY TITLE ONLY. MOTION CARRIED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT FORMAL MOTION NO. 80 -06 BE ADOPTED AS READ.* Councilman Bohrer said we need some discussion regardless of the publicity it has received. Some notice should be given to the people so they can react. He asked if the City did not pass this ordinance to go in effect by November 1, could there be a retroactive charge. Attorney Hard said he didn't believe you could. Councilman Hill suggested that after the Public Hearing, Council call a Special Meeting and pass the proposed ordinance. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE MOTION BE AMENDED TO CALL A PUBLIC HEARING ON THE WATER RATE INCREASE AND CALL A SPECIAL MEETING TO CONSIDER THE PROPOSED ORDINANCE. MOTION CARRIED. John McFarland, Administrative Assistant, explained that this ordinance dismantles the Office of Community Development. Council- man Harris noted that Finance and Personnel Committee will discuss the reorganization of 0.C.D. at their next meeting. MOVED BY BOHRER, SECONDED BY SAUL, THAT THIS ITEM BE FORWARDED TO THE FINANCE AND PERSONNEL COMMITTEE. MOTION CARRIED WITH HILL VOTING NO. City Atty.Hard read a formal motion of the Tukwila City Council accepting the recommendation of the Community Affairs Committee regarding policy direction for completing the Interurban Avenue Corridor Plan. TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1980 Page 9 ORDINANCES Cont. Formal Motion #80 -06: Accepting recommendation of C.A.C. regarding policy direction for the Interurban Corridor Plan (cont.) RESOLUTIONS Resolution #765 Honoring the memory of Walter Hansen, Jr., a dedicated employee Proposed Resolution Creating the posi- tion of Maintenance Office Clerk DEPARTMENT REPORTS Mayor's Report City Attorney's Report Court Appeal Requested by Council- man Bohrer Mayor Todd: Attorney Hard: Mayor Todd: Mayor Todd said he felt Council should hold a Public Hearing on this plan to seek input from the property owners along Interurban Avenue. Councilman Harris said she would like to see the plan formulated first, then hold public hearings. Mayor Todd said the public doesn't know what is going on. There are many things involved they should have input on before the plan is completed. You don't want to design a plan, then throw it out because the taxpayers along Interurban Ave. don't like it. *MOTION CARRIED WITH VAN DUSEN AND HILL VOTING NO. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. City Attorney Hard read, in its entirety, a resolution of the City of Tukwila, Washington, honoring the memory of Walter Hansen, Jr., dedicated citizen and employee of the City. MOVED BY SAUL, SECONDED BY HILL, THAT RESOLUTION NO. 765 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT COUNCIL AUTHORIZE THE CITY ATTORNEY TO FILE THE APPEAL. MOTION CARRIED. MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE PROPOSED RESOLUTION CREATING THE POSITION OF MAINTENANCE OFFICE CLERK BE FORWARDED TO THE AGENDA FOR THE COMMITTEE OF THE WHOLE. MOTION CARRIED. Mayor Todd reported that everyone is involved in budget preparation and at the present time, it is very much out of balance. Attorney Hard requested that Council give his office permission to appeal a decision of Frank Payne, Municipal Court Judge. It involved a D.W.I. trial. The Police Officer involved and the Deputy City Attorney were both disturbed that a decision had been rendered where the judge reduced the charge to negligent driving. Apparently, the case was pretty clear cut. The State Law was recently changed requiring that people convicted for D.W.I. get a mandatory sentence. They don't believe the Judge has the discretion to do this. He has to follow the State Statutes. Discussion on LID #30-- VERBATIM TRANSCRIPT Larry, should we discuss LID #30, the problem we're having? Yeah. The problem we're having is that Salant has committed to sell his property for $2.00 a square foot, but he wants certain guarantees that (1) he's going to get a building permit, which he hasn't been successful in getting in several attempts made this week. I think, now, we have the fire flow problem solved by a combination of designs, any one of which will work, which they have agreed to; (2) there's a question of the street that was dedicated for the purpose of extending 152nd through to 151st and 62nd through to the Sunwood Complex, which will now never happen, and they want some guarantee that the City will, in a timely fashion, submit to a vacation of that street. And what else do they want? TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1980 Page 10 VERBATIM TRANSCRIPT LID #30 (cont.) Councilman Johanson: Mayor Todd: Councilman Johanson: Mayor Todd: Councilman Hill: Mayor Todd: Councilman Hill: Councilman Harris: Councilman Hill: Mayor Todd: Councilman Hill: Councilman Harris: Councilman Hill Councilman Johanson: Mayor Todd: Councilman Harris: Mayor Todd: I didn't know issuing a permit was a negotiable item. I guess I just can't make myself understood tonight. Well, they said they would have to be assured before they release the land. They've been trying to meet the City's criteria for fire flow requirements. They redesigned the buildings, split a building into 3 buildings and now are going to install a loop water line system, water supply system for fire pro- tection; and, apparently it will meet the Fire Department's criteria. The second The only question as far as I know, remaining, is, is the Council willing to commit to vacating the street that they previously gave the City and now want back because the City has no way of using it. Now, wait a minute, though, on 152nd East of Yeah, we had a right -of -way, and we moved it at his request. We traded a piece of property for another piece of property because the other one went right up a steep grade so they wanted to move it over and wind it in this way, so what Graydon Smith We vacated this one when they dedicated this one, so there's always been right -of -way up there; all we did was move it. At their request. Yes. But as far as vacating the street, that doesn't really bother me that much. I don't think it would bother anybody. I don't know about the previous deal. I don't feel that, yeah, if you'll do this, we'll do this. I'm not a horse trader in that fashion. If he wants to apply for a vacation of that street And pay. -and we have a public hearing. I'm not going to set here and say if you give us that land for $2.00 a square foot, I'll vote yes on your street vacation. I would be scared for us to do that. Some people would hang us around here. I think we've got this thing out of context. It must be my fault. The guy isn't asking for any pledges from the Council. I know what he's after; he just doesn't want to stick his head in the noose and somebody yank the cord, and he's hanging out to dry. You know, you really can't fault him for that. Can you? Because it's through no fault of his, you know, the argument on 152nd was allowed to run as long as it did on LID 28. It wasn't really his fault that LID 28 failed. I don't think you can blame him for that. It wasn't our fault either. I know, but for two years, he's been up there holding the bag trying to get a building permit, and he couldn't get one becuase of the moratorium; also, through no fault of his. All the guy wants to do is build his units, the ones you've allowed him to build, which is considerably reduced density TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1980 Page 11 VERBATIM TRANSCRIPT LID #30 (cont.) Mayor Todd: Councilman Hill: Mayor Todd: Councilman Hill: Mayor Todd: Councilman Saul: Mayor Todd: Councilman Johanson: Councilman Saul: Councilman Harris: Councilman Hill: Mayor Todd: Councilman Hill: Councilman Harris: Mayor Todd: Councilman Saul: Mayor Todd: Attorney Hard: Mayor Todd: for the area and with some, I don't know, handshake, if you will, that you people aren't going to resist any longer him getting started, and we certainly want to get LID 30 started, and that's the reason I'm making this speech, I guess. Well, he's got no grounds. With the building permit, he can go ahead and build his buildings. The only thing is that he does not get credit for the street, which, if it was a private street, then he would get credit for that area in his coverage and that would allow him to build about 10 to 15 more units. I don't know; he's limited by land. He is limited to how many units? Do you know? No. 48, I think. Can we solve this tonight? I don't know whether we can or not, if I can get a consensus on it. You can't issue a permit tonight, and I am certainly not going to agree to any kind of arrangement like this. I don't know what he wants. I don't either. Where's the $2.00 a square foot coming in, and where's the street vacation come in? He also owns the property down at the opening, at 152nd and Macadam We need his piece of property down over the hill. -He has about 500 feet along there. And we need that for LID 30? Then is he saying, ok, if we vacate the street, he will sell us the property for $2.00 a square foot? He'll sign the deed. He's already agreed to do that, sub- ject to him getting a building permit and the street vacation. You guys want this on the agenda next Monday night, if so, say so, we'll put it on the agenda next week and discuss it? Larry. Here's the problem we've got. That's what the Special Meeting was last Monday. You opened the bids on LID 30. You awarded the bid to R. L. Alia Company with the condition that the property matters be wrapped up, if you will, before the City issued its notice to proceed. I reported to you last Monday night that I thought things were in pretty good shape, although, I didn't have the deeds in hand. Well, it is obvious that Mr. Salant, who was out of town, is holding the deed that will allow us to go ahead with LID 30. I originally felt it was only because of the building permit problem. I told him and the Mayor told him to go back to the City Building Department and work out the problems, which they have worked out. This vacation thing is I've heard about it; he hasn't talked to me directly about it. Well, he tried to get a hold of you this afternoon. TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1980 Page 12 VERBATIM TRANSCRIPT LID #30 (cont.) Attorney Hard: Mayor Todd: Attorney Hard: Councilman Saul: Attorney Hard: Councilman Johanson: Councilman Saul: Attorney Hard: Councilman Harris: Councilman Saul: Councilman Hill: Councilman Harris: Mayor Todd: Councilman Harris: Mayor Todd: Councilman Harris: Mayor Todd: Councilman Harris: Mayor Todd: Councilman Hill: Mayor Todd: Councilman Hill: Councilman Harris: Councilman Hill: Councilman Johanson: There is also a five foot strip that is involved. That's still his property. Here's the dilemma we are in. I will advise the City, unless we have I cannot advise the City to proceed unless I'm satisfied we have the right -of -way matter wrapped up, and, as of this evening, we don't have it wrapped up. If we don't wrap it up now, we will be kicking this matter over for several months. If we don't, you mean us, you and I? The City. Put the moratorium back on there. What's the problem? The problem is we can proceed with LID 30, but we have to take the property by condemnation. Well, let's do it then, let's do it then. He won't give us the property? No, if you do this, you got to go back to an appraiser. That's alright, let's do it then. The only reason we raised that moratorium was so he could get his building permit and now he wants his building permit and he's holding out for something else. See, it happens every time; you're good to a guy and you go ahead. It's true. The reason he doesn't have a building permit is simply because he had an authority to proceed under certain conditions and the signals have changed since then. So now, the building he had designed was too big for the fire flow so he had to go back and redesign that building and separate it into three buildings. Ok, now he had a permit to do that. He has done everything within his power to get a building permit. Ok, now there's nothing stopping his building permit now, is there? Yes. What? The street needs to be vacated so he can build. It needs to be what? Vacated. Why? Why? Is he putting the building on the street? He is putting too much building for the area. TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1980 Page 13 VERBATIM TRANSCRIPT LID #30 (cont.) Mayor Todd: Councilman Saul: Councilman Harris: Councilman Saul: All I know is what he's telling me; he has to have the street vacated. Can we solve this tonight? I don't understand this, if he is Wait a minute, wait a minute. Your Honor, we are not going to solve anything, everybody is Let's go into Executive Session. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Councilman Rohrer left the meeting at this point. Visitors from John McFarland announced that the City has received a letter Ikawa -cho from Japan. There are 34 visitors arriving November 1. They will be staying through the 4th. There will be 28 children and 6 adults. Design of City of Tukwila Flag EXECUTIVE SESSION: 10:20 P.M.- 10:39 P.M. Mr. McFarland showed the proposed design for a City Flag. It would cost approximately $100 per flag. They are thinking about two flags; one for the Council Chambers and one to be presented to the guests when they arrive. Council agreed to the expenditure. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL GO INTO EXECUTIVE SESSION. MOTION CARRIED. Executive Session called to discuss the following items: A. Teamsters, non supervisory labor agreement. Resolution 767 B. Police Contract Negotiations. MOVED BY SAUL, SECONDED BY HILL, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. ADJOURNMENT: 10:40 P.M. MOVED BY SAUL, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Mayor City Clerk a, q Li a