Loading...
HomeMy WebLinkAbout1974-05-20 Regular MinutesMay 20, 1974 8:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL APPOINTMENTS Board of Adjustment Phyllis Pesicka Roger Brown Anne Altmayer Eugene Montgomery Ann Crain Vouchers #2843 #2970 Current Fund #2843 #2912 Park Fund #2913 #2926 Emer. Empl. #2927 Street Fund #2928 #2950 Cum. Res. Fire Truck #2951 Fire Ftg. Equip. #2952 City Shop #2953 Water #2954 #2962 Sewer #2963 #2970 74 Tukwila City Hall Council Chambers TUKWILA CITY COUNCIL REGULAR MEETING M I N U T E S Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. GARDNER, TRAYNOR, DAVIS, SAUL, JOHANSON. MOVED BY TRAYNOR, SECONDED BY SAUL, TO EXCUSE ABSENT COUNCIL MEMBERS HARRIS AND STERLING. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETINGS OF MAY 6 AND 8 AND MAY 13, 1974 BE APPROVED AS PUBLISHED.* Councilman Gardner stated there was an error in the discussion of Foster Golf Course on Page 704 of the Minutes of May 13 regarding the offer to sell at the appraised cost. Mr. Wesley Hodge stated Mr. Bill Aliment may have stated his comment during the meeting in that way, but Councilman Gardner's statement is correct. The Golf Course is offered at $2.9 million and the appraisal was $2.2 mil- lion two years ago. Councilman Gardner stated there is the same situation further down in the Minutes regarding property taxes on the Golf Course. Mr. Hodge, Attorney representing Foster Golf Links, stated Mr. Ben Aliment meant to say if the City owned the Golf Course, the City would save the taxes presently being paid to the County. The City would lose its own share but would gain the school district, Port of Seattle and County real estate taxes. *CARRIED. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED. 9,701.20 1,535.57 44.32 18,168.96 100.04 90,000.00 47.39 6,452.68 363.27 Total $126,413.43 MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE COUNCIL CONFIRM THE MAYOR'S APPOINTMENTS TO THE BOARD OF ADJUSTMENT.* Councilman Johanson stated he did not read any discussion on the appointments in the Minutes of the last meeting. There had been previous dis- cussion on preparing the procedures for the Board. Mayor Todd stated the night the ordinance was passed which created the Board of Adjustment (Ord. #860), it was stated the Board would be appoint- ed first, then the procedures would be set by the members and the Planning Department. Councilman Johanson stated the members then would be setting their on tasks. Mayor Todd stated the procedure is no different than that of the organization of the bylaws of the Planning Commission by its members. Councilwoman Davis stated one or two people from the Planning Commission might be shifted to the Board of Adjustment to give more planning knowledge. Mayor Todd stated if the Board and the Planning Director feel it is necessary to even have City Council members sit in, they will request it. Councilwoman Davis stated she would like to have one of the Planning Commission members appointed to the Board. Mayor Todd stated he cannot remove any appointed member of the Planning Commission unless that member wishes to resign first. Councilman Johanson stated he would like to see a brief resume on the qualifications of each appointee because he does not know some of them. Mayor Todd stated there was an ad in the paper requesting volunteers to serve on the Board, there were seven names submitted, one of which was not a resident and one of which was submitted too late for consideration. He stated the non resident is highly qualified but was rejected by the Council last week. He stated he is now offering for approval the names of five residents. The ordinance requires the appoint- ments be made in 30 days and we are now beyond the 30 days. Coun- cilman Traynor stated that these citizens with the help of the TUKWILA CITY COUNCIL MEETING May 20, 1974 Page 2 APPOINTMENTS Cont. Board of Adjustment Cont. 707 Planning staff can set their rules up, see what their responsibility is and do the job. He stated he feels confident in the people, they are our neighbors and even though they are not builders or developers, they have good judgment and the interests of the City in mind. *ROLL CALL VOTE: 2 AYES TRAYNOR, SAUL; 3 NOS GARDNER, DAVIS, JOHANSON. MOTION FAILED. Councilman Traynor asked what the Council's objection is to the appointments. We are trying to get a Board of Adjustment and if we do not know what the Coun- cil's objecting to, how can we give direction to the Administration. Mayor Todd stated the Administration takes the position of not being told who to appoint to this Board. He then asked from those Coun- cil members voting "no" their justification. Is this political, does the Council object to Phyllis Pesicka or do they have to know Roger Brown personally before he can be appointed, just what is the reason? How can the Council justify turning residents down who want to volunteer to serve on a committee? Councilman Johanson stated he has no background on the appointees and he does not know some of them personally. We are being asked to sign a blank check. We don't know what the job function is going to be. Mayor Todd stated the Council can appoint these members and he will ratify them and will not use politics in his decision. Councilwoman Davis stated she does not feel there is politics involved in this. She agreed with the appointments last week and still feels some leader- ship is necessary. She stated she does not know Mr. Brown or Mr. Montgomery or what their qualifications are. She stated it would have been better to have someone from the Planning Commission on the Board, or someone who has this knowledge. Mayor Todd stated the reason the appointments were turned down last week was because Mr. Colin, a non resident, was on the list. There were no objec- tions to the others. Mrs. Pesicka is replacing the man the Council rejected. Councilman Johanson stated the Board of Adjustment is going to have a lot of responsibility and be an important function of the City. There is a lot of pressure from some of the high powered people of the community and their attorneys. It takes a lot of courage to hold fast to your position on an issue. He stated he does not know the background on three of the appointees, but can speak for W. Montgomery. Mayor Todd stated two or three of the appointees sat on the Shorelines program as volunteers and did a very commendable job of not listening to any high powered pressure. Councilwoman Davis stated it would have been easier to make a decision if the Council had resumes to review. The other fellow (Mr. Colin) had the leadership for the group. Mayor Todd stated he would not subscribe to a new rule for these people to come in with their birth certificates or passports to sit on a vol- untary committee. No one on the Planning Commission or Park Board has ever submitted a resume. He stated he has not heard a satis- factory answer why these people are being rejected. Councilman Traynor stated he did not wish to set this aside until he has heard an answer from the Council. He stated we have to have faith in these people who live here. There is no one on this list that could not stand up to the pressures any worse than himself or the rest of the Council. How do you know how they will perform until they are appointed? Councilman Traynor asked for some firm direc- tion from the Council. Mayor Todd stated he will not expose the appointees further to the wrath of the Council. Councilman Johanson stated a point of order. Mayor Todd asked the reason. Councilman Johanson stated the Chair is handling this situation in an awkward manner. MOVED BY DAVIS THAT MR. BROWN AND MR. MONTGOMERY PRESENT A RESUME. Mayor Todd stated he absolutely refused to ask for resumes, it is not required by law to check into their personal lives except in cases of security clearance. This is ridiculous. Mayor Todd suggested the Council refer to the original ordinance. Councilman Traynor read Ord. #860. Councilman Traynor pointed out he sat on the Planning Commission without having to submit a resume and several members of this Council have done so also. He stated he does not know what the qualifications of others were, but his quali- fications were that he lived here and his interest in the City is here. These people are equally qualified in that respect, what else do you need? Councilman Johanson stated he had been misunder- stood in that a personal resume is not necessary, that a brief TUKWILA CITY COUNCIL MEETING May 20, 1974 Page 3 APPOINTMENTS Cont. Board of Adjustment Cont. PROCLAMATION Burglary Prevention Week ORDINANCES AND RESOLUTIONS Ord. #862, Creating and establishing "Motor Vehicle Intoxication Fund" Ord. #863, Transfer of funds for bus service to June 1, 1974 Ord. #864, Transfer of funds for City Shop Construction Phase II Ord. #865, Transfer of funds for City Shop Construction Phase II, Extra work order ?08 presentation about them is sufficient. Somebody should speak for somebody. Councilman Saul stated at the last meeting, the Mayor did give a brief background on all five appointees and this week the only new person is Mrs. Pesicka. Mayor Todd stated the Council knows Mrs. Pesicka as well as he does and she is a housewife in Tukwila. Councilman Johanson stated Mrs. Pesicka is also on the recall committee. Mayor Todd asked if that is why he is refusing to ratify her appointment. Councilman Johanson stated Mrs. Pesicka specifically will not be confirmed by me. Mayor Todd stated that was a pretty good personal reason, but how can the taxpayers be represented fairly with a reason like that? The Council should not consider these people in any other light than that they are willing to do voluntary duty for the City of Tukwila. MOVED BY JOHANSON THAT MR. EUGENE MONTGOMERY BE APPOINTED TO THE BOARD OF ADJUSTMENT. The Chair ruled the Motion out of order. Mayor Todd stated the list of appointees will be accepted or rejected as a whole. He stated that he would check the membership list of the Concerned Citizens Committee and remove any member found there. MOVED BY TRAYNOR THAT THE FIVE APPOINTEES AND POSITIONS BE TABLED TO THE NEXT MEETING.* Mayor Todd stated that is not possible since the Council has already voted to reject the appointees. Councilman Traynor suggested the Council might have a chance within a week to go out and meet with these people they are not acquainted with. Councilman Johanson asked if the Council President is saying it is incumbent upon us to go out and talk to these people? If so, I will do it. *MOTION WITHDRAWN BY TRAYNOR. Mayor Todd stated it does not seem possible to appoint a Board of Adjustment if political reasons are going to interfere. There may never be five people Councilman Johanson would agree to. MOVED BY TRAYNOR, SECONDED BY SAUL, TO MOVE ON TO THE NEXT AGENDA ITEM. Mayor Todd read the proclamation proclaiming the week of June 23rd to June 29th, 1974 as Burglary Prevention Week. Mayor Todd stated at the June 24th Council meeting a film on burglary prevention will be shown. MOVED BY DAVIS, SECONDED BY TRAYNOR, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance creating and establishing a "Motor Vehicle Intoxication Fund" pursuant to Chapter 130, Laws of 1974, 3rd Extraordinary Session. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT ORD. #862 BE ADOPTED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance transferring funds from Contingency Fund to City Street Fund to provide funds to con- tinue bus service with Metro Transit to June, 1974. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ORD. #863 BE ADOPTED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance transferring funds from Federal Revenue Sharing to City Shop Construction Fund for com- pletion of City Shop Project Phase II. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT ORD. #864 BE ADOPTED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance transfer- ring funds from City Street Fund to City Shop Construction Fund for extra work order, as approved by the City Council on May 13, 1974 re: City Shop Phase II. MOVED BY JOHANSON, SECONDED BY TRAYNOR, THAT ORD. #865 BE ADOPTED AS READ. CARRIED. TUKWILA CITY COUNCIL MEETING May 20, 1974 Page 4 CORRESPONDENCE AND CURRENT BUSINESS Andover Park Fire Station Main Power Service Request by Southcenter to reduce parking requirements in CPR zone Claim for damages: Washington Natural Gas Surplus equipment Public Works Dept. McMicken Heights Sanitary Sewer /Val Vue ULID #6 McCann Development Mayor's proposal Bid opening discussion RECESS 9:10 P.M. 9:18 P.M. '70 Councilman Traynor read a letter from Steve Hall, Public Works Dir- ector. Mayor Todd stated the reason Puget Power is charging the City about half the original bill is due to a consumption credit. Steve Hall stated there is a possibility of installing a pad mounted facility protected by a shield which would cost even less. MOVED BY TRAYNOR, SECONDED BY DAVIS, TO TABLE TO THE NEXT MEETING. CARRIED. MOVED BY JOHANSON, SECONDED BY TRAYNOR, TO REFER TO THE PLANNING COMMISSION FOR CONSIDERATION. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, TO REFER CLAIM FOR DAMAGES OF WASHINGTON NATURAL GAS TO THE INSURANCE CARRIER FOR THE CITY. CARRIED. Councilman Traynor read a letter from Steve Hall recommending some equipment be declared surplus and be put out for bid to sell. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE COUNCIL CONCUR WITH THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR. CARRIED. Attorney Parker read a letter from Steve Hall to the Council regard- ing McMicken Heights Sanitary Sewer /Val Vue ULID #6. Steve Hall stated the petitions and agreement would be ready the next day and will be back to the Council table next week. Mayor Todd explained the past events leading up to this proposal presented to the Tukwila City Council and the Kent City Council. The proposal had been signed by Mr. Bruce McCann. Councilman Johan- son read the proposal and commented it seemed to be complete. MOVED BY JOHANSON, SECONDED BY DAVIS, THAT THE COUNCIL PRESIDENT BE AUTHORIZED TO SIGN THE PROPOSAL.* Councilman Gardner stated there should also be a hold harmless agreement. Steve Hall stated the City can control construction problems adequately through permits issued by the Public Works Department. *CARRIED. Steve Hall stated his Department is anticipating bids on LIDs and asked if the Council still requests bids be opened at Council meet- ings. Mayor Todd stated the Council meeting procedure adds two weeks' time to the bid opening process. Councilman Traynor stated his concern for the legality of the staff opening the bids. Attor- ney Parker stated it is legal. Steve Hall pointed out the bids can be opened as late as 5:00 P.M. for the convenience of Council mem- bers who wish to attend. He stated the discussion between the bid- ders and members of the staff is desirable especially on bids as complex as LIDs. Councilman Traynor stated if the City Attorney states it is legal for staff to open the bids, he would concur. It is cumbersome for the Council to open and read the bids just to refer it to the staff anyway. Mayor Todd stated the City Clerk is bonded and protected while the City Council is not. Councilman Johanson asked Attorney Parker for a written report stating which laws support his interpretation. Attorney Parker excused himself from the meeting to present the R.C.W. MOVED BY TRAYNOR, SECONDED BY DAVIS, TO RECESS. CARRIED. Mayor Todd called the meeting back to order with all Council members present as previously listed. Attorney Parker furnished copies of R.C.W. 35.23.352 to all Council members. He stated the City Clerk has been performing this functioi for 20 years. It is impossible for a 7- member Council to receive sealed bids and open them. He stated from the R.C.W., and require that bids be sealed and filed with the council or commis- sion within the time specified therein." This means filed with the City Clerk on behalf of the Council; it is not possible for 7 peo- ple simultaneously to open an envelope. This is done by the City Clerk as an agent for the 7- member Council. Whether it is done in the presence of the Council or at some other time does not make a lot of difference. Mr. Hall has stated it is practical and far more expedient to open them a few days before a Council meeting, look the bids over and present them to the Council. It is my feel- ing it is perfectly legal to continue doing this as it has been TUKWILA CITY COUNCIL MEETING May 20, 1974 Page 5 CORRESPONDENCE AND CURRENT BUSINESS Cont. Bid opening discussion Cont. AUDIENCE COMMENTS Special Meeting Transit bus funding Mr. Bill Crumbaker, Civil Service Commission Bus service McMicken Heights area Recall Golf course discussion Tukwila Days Bicentennial presentation Street repair Dynamite blasting LID charges 7/0 done by having the City Clerk open these bids and submit them to the Department Heads and then present the information to the Council the next week. Councilman Gardner stated the R.C.W. indicates this law is for 2nd class cities. Attorney Parker stated the law applies to 2nd, 3rd and 4th class cities. Councilman Saul stated he would like to have the bids opened as late in the afternoon as possible. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT DEPARTMENT HEADS SUBMIT DATE AND TIME FOR BID OPENINGS TO THE CITY COUNCIL FOR CONFIRMA- TION.* Steve Hall stated this has been the standard procedure for the two years he has been with the City. *CARRIED. Councilman Traynor announced the Special Meeting of the Council set for Wednesday, May 22, 1974 at 7:30 P.M. for the purpose of discuss- ing funding for the free Tukwila bus for the period June 1, 1974 through May 31, 1975. Police Chief John Sheets introduced Mr. Bill Crumbaker, newly appointed member to the Civil Service Commission. Steve Hall stated there is currently no bus service in the McMicken Heights area due to street work in that neighborhood. He stated the City will be posting signs the next day and he would contact Mr. Coffman, Metro Transit, to see if the route could be temporari- ly adjusted. Mrs. Phyllis Pesicka stated she received a letter which was not signed, but had the typewritten names of the 5 Council members in- volved in the recall and which contained one point which really should be cleared up. You have communist countries, monarchies, dictatorships and democracies. One of the unique things about a democracy is the people have the right to impeachment or recall. When you institute impeachment proceedings or recall proceedings, you are not undermining democracy, you are using it. Jim Waite, Highline Times, asked the Council's position on the pur- chase of the Golf Course. Councilman Saul stated his position was that the City must save it. Councilman Saul announced the sale of Tukwila Days buttons at 50¢ each or three for $1.00. Councilman Saul announced a presentation by the King County Bicen- tennial Commission at the Seattle Center Flag Pavilion on Wednesday, May 22 at noon. All King County Mayors are invited to attend. Mr. A. G. Radford stated there is a crack in the surface of 56th Place South and is concerned about the possibility of the hill slipping away there. Mrs. Nancy Moore stated in front of her house, the rockery was knocked out and replaced at a cost to her of $140 and last week, a new driver of one of the City trucks tried to turn around on the street and destroyed the rockery again. She stated a settlement has been agreed to and she would not file a claim. Mr. Gene Isler, Field Supervisor, stated the crack developed at the time sewers were installed, it has been sealed and we will take a look at it again. Mrs. Nancy Moore stated an additional problem in the area is the dynamite blasting across the valley which shakes the hill and all the homes. Councilwoman Davis agreed and stated she had heard from several citizens who are concerned about this. She stated she would propose something on this next week. Mr. A. G. Radford asked Steve Hall about charges on LID #5 which were $20 for a permit and now is $95. Steve Hall stated the Council had decided to leave the charges at $75 for connection and $20 for inspection fee. He stated these charges are effective for every- one as of the date of the ordinance. The reason for the fee is to help pay for general facilities by levying the overall charge on all LIDs. TUKWILA CITY COUNCIL MEETING May 20, 1974 Page 6 AUDIENCE COMMENTS Cont. Shorelines Master Program Public Hearing 1:3o Board of Adjustment Recall ADJOURNMENT 9:50 P.M. Al"1BST City Clerk Shirlee Kinney stated Gary Kucinski, Planning Director, suggested the Council set a public hearing date to discuss the Shoreline Master Program. The Council set Wednesday, June 5, 1974 at X89 P.M. in the City Hall Council Chambers as a public hearing date to discuss the Shoreline Master Program. Mrs. Velma Lee stated tonight's action on the appointments to the Board of Adjustment is just another example of the way some members of the Council reach their decisions based on personal bias and political feelings which is the very reason there is a recall. Mr. Dodge, responding to Mrs. Lee's comments, stated he firmly backed her up. There is just too much bickering going on. We put people in office to get a job done, but the job is not getting done. Something has to be done about it. He stated he does not belong to the committee but he would like to meet the people because they seem to be on the ball. Mr. A. G. Radford stated he thought the recall committee is doing more harm to the City; all this publicity for the past 22 years is not good. Some of his friends in construction stated they would not buy or build in Tukwila even if someone were giving the proper- ty away. There must be another method than the recall. If the Council is recalled, that is a pretty serious matter. The problem is that people are becoming too suspicious. He stated the recall committee is now doing the City more harm that the rest of us did in the last 17 years when we were trying to build the City up. They are tearing it down in a short time. He stated the people on the Board of Adjustment would be the ones to say yes. There are two sides here. Mayor Todd stated he did not see Mr. Radford's name submitted for the Board. There were five names submitted which were presented to the Council. Nothing could be more fair than a unanimous choice of the only five people who volunteered. To turn them away is not democracy. Mr. Radford stated he did not know all the people on the appointment list and would like to see a list of all the members of the recall committee. Mayor Todd stated the list is available on file in the City Hall as required by law. Mr. Radford stated, like himself, some of the citizens have not been attending the Council meetings and it would be help- ful to see this list of names to make an educated decision on the recall. He stated the recall committee is doing more harm than the five Council members. Mrs. Nancy Moore stated the Concerned Citizens Committee is regis- tered at the City Hall and in Olympia with the Public Disclosure Commission. She stated the meetings are not private; anyone can come to agree or disagree, it doesn't matter, and because you may attend does not mean you agree. Mrs. Velma Lee stated the publicity for the last 21/2 years which Mr. Radford had referred to is the point. For two years and three months, a committee of three has been doing nothing but stirring up trouble. Most of us did not know each other until we all came to the Council meetings and got so fed up, no one put us up to anything, and we got together to discuss this. We have been meeting in just the last two or three months. Mrs. Lutes asked where Mr. Radford has been all this time the committee has been meeting since February. Mr. Radford stated he would like to know where this committee has been for the last 17 years. Mrs. Lutes stated she has been sitting right here in City Hall and he was not. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MEETING ADJOURN. CARRIED. c_ F aiik Todd, Mayor Shirlee A. Kinney, City Cler,