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HomeMy WebLinkAbout1975-07-07 Regular MinutesTUKWILA CITY COUNCIL July 7, 1975 REGULAR MEETING 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS, AWARDS AND CALLS Bid opening Tennis court and trail lighting in Tukwila Park M I N U T E S Tukwila City Hall Council Chambers Mayor Pro Tem Traynor led the Pledge of Allegiance and called the Council meeting to order. GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON. MOVED BY STERLING, SECONDED BY JOHANSON, THAT THE JUNE 16, 1975 REGULAR MEETING MINUTES BE APPROVED AS PUBLISHED. CARRIED. MOVED BY JOHANSON, SECONDED BY DAVIS, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilwoman Davis questioned Voucher No. 6058 to AAA -ZZZ Court Reporting for June 5, 1975 meeting of the arbitration committee to hear the grievance of Linda Kodama. She stated the Council had made a Motion that their legal representative be informed of these meetings in advance in order to be present at the meeting. He was not informed of this meeting and she stated she was very disappointed that the Council was not notified. (Transcript submitted by the court reporter indicates Francis A. LeSourd was present at the meeting of June 5, 1975) *CARRIED, WITH HARRIS VOTING NO. Councilwoman Harris asked why no $100 payment has been made to LeSourd, Patten, Fleming and Hartung as directed by Superior Court for the bond. Attorney Parker replied the City Clerk has requested a copy of the court order in order to pay the bill; he has not been able to locate the file at the King County Courthouse in order to get a copy. Councilwoman Harris asked if he had inquired about this since June 18. Attorney Parker replied no, although he had contacted the court reporter's office and was unable to find a copy there also. He stated he would check back this week at the Courthouse. Vouchers #6058 #6154 Current Fund #6058 #6127 Street Fund #6128 #6133 Fed. Rev. Shrg. #6134 Water Fund #6135 #6143 Sewer Fund #6144 #6154 $17,464.73 210.88 4,275.72 4,580.68 4,438.09 Total $30,970.10 Mayor Pro Tem Traynor opened the sealed bids which had been submitted in the proper form in the following order: Seattle Electric total bid $25,017.17 West Coast Electric total bid 33,271.64 Floodlite, Inc. total bid 17,566.14 Engineer's Estimate total bid $17,000.00 MOVED BY HARRIS, SECONDED BY JOHANSON, TO REFER THE BIDS TO THE PUBLIC WORKS DIRECTOR FOR RECOMMENDATION TO THE CITY COUNCIL AT THE NEXT REGULAR MEETING. CARRIED. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Certificate of Councilman Gardner read a letter from Steve Hall, award Ted Freemire Public Works Director, dated June 24, 1975 stating and David Grage appreciation for time and effort spent by the two employees of the Water Department in acquiring certi- ficates from the State of Washington Department of Social and Health Services in the category of Special- ist III, Cross Connections. Mayor Pro Tem Traynor TUKWILA CITY COUNCIL REGULAR MEETING July 7, 1975 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Certificate of award Cont. Assignment of positions for purpose of municipal election OLD BUSINESS Nuisance of bees Public Safety Committee report Mayor's proposal re: grant funds for residential water system (Public Works Committee) NEW BUSINESS Letter: Request for recognition by U.S.T.M.E. Letter: Request for additional Police Clerk/ Dispatcher SECOND READING LID #27, addendum to professional services agreement with Harstad Assoc. (Public Works Committee) Proposed ordinance Regulating sound producing devices OF ORDINANCES stated he was pleased to see the Department Heads recognize outstanding efforts of their employees. Gene Isler, Field Supervisor, stated the City of Tukwila now has two of the 150 men with the Cross Connections Certificates in the Northwest Region. Councilman Sterling expressed a "well done" on behalf of the City Council to Mr. Freemire and Mr. Grage. Mayor Pro Tem Traynor read a letter from City Clerk Shirlee Kinney dated July 7, 1975 assigning position numbers to four -year term positions of the City Council and designating the position of Councilman -at- Large and of Mayor to be voted upon in the September primary election. Councilwoman Davis reported she visited Mrs. Dale Stimach and reported to the Public Safety Committee. The Committee will draft a letter to the beekeeper with a copy to Mrs. Stimach. Councilwoman Davis stated she would like this item to go back into Committee for further possible action on an ordinance regarding keeping of bees. Mr. Al Pieper reviewed the swarming habits of bees and suggested in addition to outlining the property requirements of keeping bees that any proposed ordinance include enforcement and penalty provisions. Councilman Gardner stated the Public Works Committee met with Steve Hall, Public Works Director, on June 30, 1975 to discuss this matter. MOVED BY GARDNER, SECONDED BY STERLING, THAT THE AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF TUKWILA AND HARSTAD ASSOCIATES, AS ENGINEERS FOR LID #27, TO CONDUCT A STUDY TO DETERMINE THE LINE SIZE REQUIREMENTS BETWEEN THE NORTH AND SOUTH CANYONS, CONSISTENT WITH KING COUNTY POLICY AND NOT TO EXCEED $1,500 BE APPROVED. CARRIED, WITH DAVIS VOTING NO. Councilman Gardner stated the Committee was concerned about possible costs to the City. MOVED BY GARDNER, SECONDED BY STERLING, TO AUTHORIZE ADMINISTRATION TO OBTAIN INFORMAL PROPOSALS ON THE PROPOSED DOLLAR COST OF THE STUDY AND CHECK ON THE AMOUNT OF MONEY THE CITY WOULD HAVE TO PAY IF A GRANT WERE OBTAINED. CARRIED. Councilman Johanson read a letter dated June 27, 1975 covering a petition signed by several members of the U.S.T.M.E. group requesting recognition by the City Council. MOVED BY JOHANSON, SECONDED BY DAVIS, TO REFER THE MATTER TO THE FINANCE AND PERSONNEL COMMIT- TEE FOR FURTHER ACTION. CARRIED. Councilwoman Davis read a letter dated June 24, 1975 from Police Chief John Sheets requesting to retain on a full time basis one additional Clerk /Dispatcher. MOVED BY HARRIS, SECONDED BY SAUL, TO REFER THE MATTER TO THE PUBLIC SAFETY COMMITTEE. CARRIED. Councilwoman Davis reported the Public Safety Committee reviewed information from the Association of Washington Cities and the provisions of the Tukwila Municipal Code. Existing Tukwila laws already govern these devices. The Committee recommends "Do Not Pass." TUKWILA CITY COUNCIL REGULAR MEETING July 7, 1975 Page 3 SECOND READING OF ORDINANCES Cont. /a6,' Proposed ordinance MOVED BY HARRIS, SECONDED BY SAUL, THAT PROPOSED Cont. ORDINANCE BE READ FOR ITS SECOND READING BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordi- nance regulating the playing of radios, television sets, phonographs, musical instruments and other sound producing devices by title only. MOVED BY DAVIS, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE DO NOT PASS. CARRIED. Proposed ordinance Rezone from R -3 to RMH (Todd) Councilwoman Harris reported the Community Affairs Committee met on June 18 and June 25 for a total of 52 hours to discuss the proposed rezone. The Committee recommendation is to deny for the following reasons: 1. Direct conflict of interest against Appearance of Fairness Doctrine a. Applicant is Mayor of Tukwila. b. Staff must do work -up. c. Applicant speaking to Planning Commission and Council P/C meeting of December, 1974, Council meeting of January, 1975, Council meeting of March,1975 and letter from appli- cant of January, 1975. d. In November, 1974 Planning Commission Chair- man was an employee of Applicant /Mayor. e. Concern of citizen that staff was intimidated. 2. Rezone on its merits, land use in terms of health, safety and welfare of the community a. R -1 is to the North; no buffer zone between requested and existing zones. Had previously been applied by the Planning Commission as a standard; i.e., landscaping, inadequate less dense zoning between RMH and R -1 or R -3. b. Requested zoning is inconsistent with existing established adjacent zoning which has set the pattern for development in the area. c. RMH introduces a new use in residential area. Allowable use of office space is an encroach- ment into the interior residential area, rather than restricting this use to periphery of residential area. d. 62nd Ave. So. is the only legal access to site. In reality, traffic would occur on So. 153rd, a portion of which (the westerly 1/3) is a private road. It is estimated there would be a population increase of 250 people, and 780 vehicle trips per day, caus- ing a significant number of cars and /or delivery trucks to use So. 153rd, in a single family actual use neighborhood, creating a safety concern. Increased traffic from 62nd Ave. So. into Southcenter Blvd. could lead to congestion at peak hours, and heavy traffic load on 62nd Ave. So., as well as introducing a new type of traffic (related to office use) in interior of residential area on a substan- dard street. e. Allowing such density which includes office space may result in future City costs; i.e., signalization of 62nd Ave. So. and Southcenter Blvd. Councilwoman Harris further stated this property is a smaller portion of R -3 area; R -3 would border the proposed rezone to the West. She stated the Committee voted to deny the rezone request and recommended "Do Not Pass" proposed ordinance. MOVED BY HARRIS, SECOND- ED BY SAUL, THAT PROPOSED ORDINANCE BE READ FOR ITS SECOND READING BY TITLE ONLY.* Scott Hutchison, repre- senting Frank Todd's attorney's office, stated the Appearance of Fairness Doctrine does apply in this case, but the fact that Mr. Todd is the Mayor does TUKWILA CITY COUNCIL REGULAR MEETING July 7, 1975 Page 4 SECOND READING OF ORDINANCES Cont. Proposed ordinance Cont. /026 6 not constitute denial of Appearance of Fairness in this case. He is a member of the community just as are members of the City Council and he has a right to certain business pursuits. The purpose of the Appear- ance of Fairness is to insure full disclosure of adverse interests in matters and that there should be no over reaching by public officials. There certainly has been a full disclosure and we have no proof there has been over reaching on his part. There is also a right to review on these matters in court to decide whether or not there has been an arbitrary or capri- cious decision made on the part of the City Council, and if the rezone is denied because Mr. Todd is the Mayor of this community, we believe that that is an arbitrary and capricious decision. We will have the right to an appeal to reverse the Council's decision and this will involve extensive legal costs to him and to the City of Tukwila. We feel this should be taken into consideration also. Mr. Hutchison stated he felt the Appearance of Fairness Doctrine had not been violated in this case. The Planning Commission has made a recommendation in this matter and he re- quested it be read into the record. Mayor Pro Tem Traynor stated the findings of the Planning Commission have been entered into the record over the past several months at the Council table and would be found in pre- vious Minutes. *MOTION TO READ BY TITLE ONLY, CARRIED. Attorney Parker read proposed ordinance reclassifying certain property from R -3 zoning to RMH zoning within the City of Tukwila by title only. Councilwoman Harris stated, in reply to Mr. Hutchison's remarks, that the Committee did consider the question of whether Mr. Todd should or should not be denied his rights as a citizen while serving in office. The Committee felt with the public's awareness of the conflict of interest issue, it seems to be desirable to avoid a situation that could be questioned under the existing guidelines, particularly when the Mayor has challenged another person regarding another subject sometime earlier on his right to speak as a citizen and then vote as a Councilman. She stated we all recognize we should not lose our civil liberties due to the fact we are public officials, but the public is becoming more sensitive to the activities of elected officials. Councilwoman Harris stated the Committee members felt it was inappropriate for the applicant while he was holding office to address the issue in writing and at the meetings himself; perhaps someone should have appeared on behalf of the applicant in this case. Councilwoman Harris read a telephone message memo from Mayor Todd stating he would accept a rezone to R -4 in lieu of RMH in an effort to avoid legal action if the rezone request were denied as recommended by the Community Affairs Committee. She objected that this was submitted before the Council voted on the issue and that the message appeared on City letterhead memo. MOVED BY JOHANSON, SECONDED BY STERLING, THAT THE REZONE REQUEST BE DENIED.* Councilman Johanson stated he did not understand how Mr. Todd was being denied his rights as a citizen there are other properties in the City that are already zoned in this category for development. We are talking about classification of development of a piece of land in a certain category. Councilman Saul asked about the feasibility of rezoning to R -4 in lieu of RMH. Councilman Johanson stated the Committee did receive professional input that the City Council does not have that prerogative. The request before us is from R -3 to RMH. Councilman Sterling requested a legal opinion regarding Mr. Todd's request to change this to R -4. Kjell Stoknes, Planning Director, stated the Council is obligated to act on the rezone request to RMH in response to the applicant. If the applicant TUKWILA CITY COUNCIL REGULAR MEETING July 7, 1975 Page 5 SECOND READING OF ORDINANCES Cont. Proposed ordinance Cont. FIRST READING OF ORDINANCE Proposed ordinance Transferring funds re: dumpster rental for City clean -up /a 7 agrees to a lesser zone and revises the application to that lesser zone, the Council would then act on the revised application. He stated he did not know what the legal requirements were regarding review of the revision by the Planning Commission. However, this revision would have a less than or equal to impact on the area. Also he stated he did not know if a telephone message is adequate legal request for a change in the rezone request. Attorney Parker stated the telephone message is sufficient, but he felt the request would have to go back to the Planning Commis- sion for review. Mayor Pro Tem Traynor stated in the past we have not been able to limit the height of buildings in RMH zones and R -4 is still a question in his mind. Before a vote is taken, he requested to know if a basement is considered a story. RECESS MOVED BY JOHANSON, SECONDED BY SAUL, THAT THE COUNCIL 8:00 P.M. 8:07 P.M. MEETING RECESS FOR FIVE MINUTES. CARRIED. Mayor Pro Tem Traynor called the meeting back to order with all Council Members present as previously listed. Kjell Stoknes, Planning Director, read a definition from the Uniform Building Code and also illustrated the criteria used consistently by the Planning Depart- ment. On a slope, the average height is taken between the two finished grades and if this average is less than half of the height of the first story, then it is a basement. If the average is equal to or more than half the height of the first story, then it is an additional story. Councilwoman Davis read a proposed policy statement for consideration by the City Council as follows: "This Committee finds that it is not the intent of the Comprehensive Plan to allow RMH zoning this far North of Southcenter Boulevard, but to have a gradual transition from RMH and C -1 zoning to R -1 zoning. This application is not consistent with this." Kjell Stoknes stated if the Council intends to consider the R -4 zoning, he would recommend no action be taken on the proposed ordinance until the applicant amends his request and the Planning Commission has considered the amendment. Councilwoman Harris stated the Council has authorized the Planning Department to conduct a review of the Comprehensive Land Use Plan and staff is actively engaged in that project at this time. The map may be different in some areas of the City as an end result of this study. Perhaps everything could be held until the review is complete and public hearings are over. More rezone applications may follow. The Council could apply a policy statement on this. Councilwoman Davis stated if the applicant wished to resubmit his request for R -4 zoning, she felt it should be re- advertised for the public and the process should begin from start. *MOTION TO DENY REZONE REQUEST, CARRIED. City Clerk Shirlee Kinney asked for clarification regarding the proposed ordinance. Mayor Pro Tem Traynor stated the ordinance is also intended to be denied by the previous Motion. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance transferring funds from the Current Fund to the Street Fund to pay the cost for refuse hauling. MOVED BY HARRIS, SECONDED BY DAVIS, THAT PROPOSED ORDINANCE BE REFERRED TO FINANCE PERSONNEL COMMITTEE. CARRIED, WITH SAUL E JOHANSON VOTING NO. TUKWILA CITY COUNCIL REGULAR MEETING July 7, 1975 Page 6 RESOLUTIONS Proposed resolution Authorizing Mayor to execute agreement with Cabot Dow Associates to negotiate union contracts Proposed resolution Authorizing Mayor to execute agreement with King County re: LJPO grant funds for 1976, Canine Program Resolution #487, Segregating special assessment on property in LID #13, owned by Mario Segale MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Bicentennial signs theft Discussion Sewer hook -up fees ordinance MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution authorizing Mayor Frank Todd to execute an agreement on behalf of the City of Tukwila with Cabot Dow Associates to negotiate union con- tracts in 1975. MOVED BY DAVIS, SECONDED BY HARRIS, TO REFER PROPOSED RESOLUTION TO THE FINANCE AND PER- SONNEL COMMITTEE.* Councilwoman Davis stated the reso- lution should reflect only the word "Mayor" and not the name, Frank Todd. *CARRIED. MOVED BY DAVIS, SECONDED BY SAUL, THAT PROPOSED RESOLU- TION BE READ. CARRIED. Attorney Parker read proposed resolution authorizing the Mayor to execute an agree- ment with King County regarding Law and Justice Plan- ning and the distribution of certain law enforcement assistance funds for the year 1976. MOVED BY DAVIS, SECONDED BY SAUL, TO REFER PROPOSED RESOLUTION TO THE PUBLIC SAFETY AND HEALTH COMMITTEE. CARRIED. Councilman Johanson stated the Finance Committee would like to have another proposed resolution considered at this time. MOVED BY JOHANSON, SECONDED BY SAUL, TO AMEND THE AGENDA TO INCLUDE PROPOSED RESOLUTION. CARRIED. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ FOR ITS SECOND READING BY TITLE ONLY. CARRIED. Attorney Parker read proposed resolu- tion segregating special assessment on property in LID No. 13, owned by Mario Segale, by title only. MOVED BY JOHANSON, SECONDED BY STERLING, THAT RESOLUTION #487 BE ADOPTED AS READ. CARRIED. Police Chief John Sheets asked for citizen assistance in watching and reporting any suspicious activity where these signs are posted. The City's insurance does not cover the cost of $28.50 for each one of these signs and two are now missing. Councilman Sterling stated the Public Works Committee on June 5 requested amended wording regarding the sewer hook -up fees to be included in a proposed ordi- nance. Attorney Parker stated the ordinance had al- ready been prepared. City Treasurer Mae Harris stated perhaps the City Attorney was thinking of the Metro fees ordinance. Councilman Sterling stated there may have been some confusion on this, but a memo was placed in the City Attorney's mail box regarding an amendment to the Tukwila Municipal Code regarding the regular connection charges. Discussion continued. Mayor Pro Tem Traynor suggested the instruction be given to the City Clerk to forward to the City Attorney regarding this proposed ordinance. He stated the Clerk is res- ponsible for these things getting on our Agendas and if the Council has business for the Agenda, it should be handled through the Clerk's office. Councilwoman Harris stated she felt the City Council should be able to directly request information from the City Attorney. Attorney Parker stated he preferred these things to be handled through the Clerk's office because then a record will be kept on the status of the business, it is more efficient and he can get additional information in regard to any request the Council makes automatically. Otherwise, as in this instance, things may get over- looked. Councilwoman Harris stated a Council Committee has the authority to make requests directly to the City Attorney without going through any other department. TUKWILA CITY COUNCIL REGULAR MEETING July 7, 1975 Page 7 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Tukwila Police Pals Bicentennial log cabin Concerts in the Park /0769 Councilwoman Davis referred to a letter written by Officer Steve Robinson addressed to Chief Sheets dated June 28, 1975. Officer Robinson stated the Tukwila Police Pals little league baseball team have finished their second season; he thanked Chief Sheets and members of the Police Guild for the moral support and interest they have shown in the league. Council- woman Davis also read the response from Chief Sheets dated July 3, 1975 also thanking the members of the Police Department for their participation in the little league program. Councilman Saul reported the State of Washington Depart ment of Ecology has approved construction of the log cabin along the Green River. Doris Phelps asked when the Sunday concerts in the Park would begin. Eleanor McLester replied Bill Moore, Park Board Chairman, had stated the first concert would be on the last Sunday in July and through the month of August. ADJOURNMENT MOVED BY SAUL, SECONDED BY DAVIS, THAT THE COUNCIL 8:47 P.M. MEETING ADJOURN. CARRIED. Attest: Dwayne/. Traynor, Mayof Pro Tem Doris Phelps, Deputy City" Clerk