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HomeMy WebLinkAbout1975-10-06 Regular MinutesTUKWILA CITY COUNCIL October 6, 1975 REGULAR MEETING 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF ZUUNCTL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL M I N U T E S /313 Tukwila City Hall Council Chambers Mayor Todd led the Pledge of Allegiance and called the Council Meeting to order. GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 15, 1975 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 22, 1975 BE APPROVED AS PUBLISHED. CARRIED, WITH SAUL VOTING NO. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 29, 1975 BE APPROVED AS PUBLISHED.* Councilwoman Harris states she felt some amendments should be made on the second page, fourth paragraph. *MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE SEPTEMBER 29 MINUTES BE CONTINUED TO THE NEXT REGULAR COUNCIL MEETING SUBJECT TO AMENDMENTS. CARRIED. City Clerk Shirlee Kinney explained an amendment to be approved by the Council to the September 2, 1975 Voucher Blanket Certification. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE BLANKET VOUCHER SHEET DATED SEPTEMBER 2, 1975 BE APPROVED AS CORRECTED. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilwoman Harris questioned Voucher #6766 payable to the Seattle Times for advertising bid announcement for the sale of surplus equipment in the amount of $609.84. She stated she felt this was too large an expenditure without prior Council notice and she could not approve it. Also, regarding Voucher #6751 payable to the City Attorney in the amount of $60.00 for a court reporter's transcript of Mayor Todd's testimony in Superior Court in the case of Davis vs. Todd. She stated this transcript was or- dered by the Council's attorney Larry Hard but it was not used in the findings of fact, conclusions of law and judgment nor was it referred to in the telephone call with Judge Faris. She stated she did not feel it was a valid bill of the City. Attorney Parker stated the original transcript was ordered by Attorney Hard. He stated he had a standing order with the court reporter for copies of any transcripts ordered by Attorney Hard. Mayor Todd defended Attorney Parker to arm himself with all available documents in the defense of the City in this case. Councilwoman Harris stated the transcript was ordered through Attorney Hard by another attorney for the purpose of another nature. Attorney Parker stated he had no way of know- ing that at the time the transcript was provided by the court reporter. Councilwoman Harris stated the City was not charged by Attorney Hard for this and that she had paid for the transcript herself and has it in her possession. Mayor Todd asked if the other attorney referred to is Attorney Sweet. Councilwoman Harris replied yes. Mayor Todd asked if he were defending her in a libel and slander action. Council- woman Harris replied yes, Mr. Todd had filed the law suit against her in February, 1974, and Mr. Sweet is her attorney. She stated Mr. Hard billed Mr. Sweet TUKWILA CITY COUNCIL MEETING October 6, 1975 Page 2 VOUCHER APPROVAL Cont. PUBLIC HEARINGS Public Hearing: Street vacation portion of So. 152nd Street /364 for the transcript and Mr. Sweet has billed her. Attorney Parker stated it is testimony given in the Davis vs. Todd case and according to his instructions to the court reporter, if something was ordered by the opposing counsel, he wished to receive copies of the documents. He stated he incurred the expense and he expects to be paid. MOVED BY HARRIS, SECONDED BY JOHANSON, TO AMEND THE MOTION TO WITHHOLD VOUCHER #6751. ROLL CALL VOTE: 3 AYES GARDNER, HARRIS, JOHANSON; 4 NOS STERLING, TRAYNOR, DAVIS, SAUL. MOTION FAILED. *ORIGINAL MOTION TO APPROVE CARRIED, WITH GARDNER VOTING NO. Mayor Todd opened the public hearing for comments at 7:25 P.M. City Clerk Shirlee Kinney stated the public hearing notice has been properly posted within the City according to R.C.W. 35.79. Kjell Stoknes, Plan- ning Director, reviewed the area of street vacation on the map. He stated the Planning Commission held its public hearing in 1974 however it was not consid- ered a valid hearing; therefore, we are having the hearing before the City Council tonight. The Planning Commission's recommendation at the time was to approve the street vacation. Mr. Rod Esping, 15050 Macadam Rd., asked if this street vacation affected his property. Mayor Todd replied no, it did not. Mr. Alvin B. Harrison, 7415 Woodlawn N. E., Seattle, stated the street alignment as indicated on the map is basically satisfactory. He stated he is still an interested party being a property owner of the Easterly part. The original alignment proposed in the arterial plans and rezone petition did show the street set more to the North. When he first read the ordinance this evening, without the benefit of the map, he thought the street was running to the East and West but looking more closely, it is more to the North. He stated it appears to be 87 20' more to the East than the original proposal according to the map. He stated he would speak in favor of the alignment. Mr. Graydon Smith stated there is one thing missing in the ordinance which is the 5 feet to be held in escrow until the property is developed to the East. Steve Hall, Public Works Director, stated in the legal description, there is included the reservation of the 5 feet. Kjell Stoknes, Planning Director, stated the property was rezoned in December, 1968, and there was a developers agreement attached which includes the 5 foot stipulation. If the Council so desires, that may be added to the present ordinance. Mr. Smith stated in the original proposal, the City was to be deeded all of the 50 foot right -of -way except for the last 5 feet which would be saved by himself until such time as the other property was developed. Mr. Harrison suggested the solution is to change the legal description so that it is 5 feet shorter and to prepare quit claim deeds to the City for the 5 feet signed by the Smiths and the Harrisons. At such time as the street goes through, the City obtains the quit claim deeds. Mr. Esping stated his father had deeded 15 feet twice and never received a nickel for it. What's 5 feet? TUKWILA CITY COUNCIL MEETING October 6, 1975 Page 3 PUBLIC HEARINGS Cont. RECESS 7715 P.M. 7:50 P.M. Notice of Public Hearing Revised 6 Year Comprehensive Street Program PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Claim for Damages Roy Victor Olson Demand for Payment Wayne Parker, City Attorney, re: legal services for LID #19 Demand for Payment Wayne Parker, City Attorney, re: legal services in connec- tion with King County Court Case #792762, Davis vs. Todd OLD BUSINESS Authorization for payment of light poles from Puget Power Revision of signalization/ channelization of Strander Blvd.& Southcenter Parkway Bicentennial tree planting grant 13es Mayor Todd called for a five minute recess. Mayor Todd called the meeting back to order with all Council Members present as previously listed. Steve Hall, Public Works Director, read the legal description as corrected. Mr. Smith and Mr. Harrison stated it was satisfactory to them. Mayor Todd closed the public hearing at 7:54 P.M. MOVED BY GARDNER, SECONDED BY TRAYNOR, THAT THE PUBLIC HEARING FOR REVISED 6 YEAR COMPREHENSIVE STREET PROGRAM BE HELD NOVEMBER 3, 1975 AT CITY HALL AT 7:00 P.M. CARRIED. MOVED BY TRAYNOR, SECONDED BY DAVIS, TO REJECT THE CLAIM FOR DAMAGES AND TO REFER THE CLAIM TO THE CITY'S INSURANCE CARRIER.* Councilman Sterling asked if it is standard policy to issue a warrant against someone if they have forfeited their bond. Attorney Parker stated it is not and he would not want to further discuss it. *CARRIED. MOVED BY JOHANSON. SECONDED BY SAUL. TO ACCEPT THIS LETTER IN THE FINANCE AND PERSONNEL COMMITTEE. CARRIED Mayor Todd stated the payment for these services was approved in the Council's acceptance of the Vouchers tonight. Councilman Gardner, Chairman, Public Works Committee, read a letter from Steve Hall, Public Works Director, dated September 29, 1975 recommending the City pur- chase the street light poles to be used in the under grounding program at this time and be stored until construction begins. MOVED BY GARDNER, SECONDED BY JOHANSON, THAT THE COUNCIL ACCEPT THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR TO PURCHASE 42 LIGHT POLES FROM PUGET POWER FOR $11,340.00. CARRIED. Steve Hall, Public Works Director, explained the street revision from the off -ramp of I -5 onto South center Parkway and the signalization revision at Southcenter Parkway and Strander Blvd. intersection on the map. Councilman Gardner read a letter from Steve Hall dated September 29, 1975 recommending the City to participate in a portion of the funding of the project in the amount of not more than $3,700.00, an amount which is not covered by the State or Federal funding. MOVED BY GARDNER, SECONDED BY STERLING, THAT THE CITY COUNCIL AUTHORIZE THE CITY TO PARTICIPATE WITH THE STATE HIGHWAY DEPARTMENT FOR THE REVISION OF SIGNALS AND CHANNELIZATION ON SOUTHCENTER PARKWAY AND STRANDER BLVD. IN AN AMOUNT NOT TO EXCEED $3,700.00 FUNDING OUT OF THE ARTERIAL STREET FUND, 104/541.65. CARRIED. Councilman Saul stated the Bicentennial Committee has applied to the State for a grant to plant American Sycamore trees in the "Bicentennial Park." He read TUKWILA CITY COUNCIL MEETING October 6, 1975 Page 4 OLD BUSINESS Cont. Bicentennial trees Cont. Judgment Davis et al vs. Todd et al Mayor's proposal property for senior citizens center E acquisition of larger bus for recreational use 13( a letter from Gary Crutchfield, Assistant Planner, dated September 30, 1975 which outlined the grant proposal and requested Council approval of the grant offer and to augment the program budget to purchase and plant additional trees to fulfull the goal of the original proposal of 20 trees. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT THE CITY COUNCIL ACCEPT THE $200.00 GRANT FROM THE STATE BICENTENNIAL COMMIS- SION AND TO CONSIDER SUBSEQUENT REQUEST OF THE TUK- WILA BICENTENNIAL COMMITTEE AT THE NEXT CITY COUNCIL MEETING AND TO SEND A LETTER OF THANKS TO THE STATE BICENTENNIAL COMMITTEE. CARRIED. Discussion followed regarding funding of the City's share of expenses. Mrs. Phyllis Pesicka stated the Bicentennial Committee has $300 in its account. Mrs. Lutes stated there is $4,300 left of the Revenue Sharing funds but some has been spent recently for lumber and other materials for the cabin. Kjell Stoknes, Planning Director, stated it is the intent of the City to provide the labor as an in -house expense. As an alternative, he offered to pay the expense from the Planning Department's professional services account. Councilman Johanson reviewed a letter to the City Council from Mr. Donald D. Fleming, LeSourd, Patten, Fleming E Hartung, Attorneys at Law, dated September 5, 1975 stating the firm was pleased to enclose a copy of the letter, findings, conclusions, and judg- ment signed by Superior Court Judge Philip H. Faris which achieved all the objectives of the Council in its lawsuit. Councilman Johanson reviewed the con- tents of the judgment. Attorney Parker stated the officials of the City have filed notice of appeal within the 30 days as required, principally objecting to some of the wording of the order that the Council may employ their legal firm at any time they wish. We are also objecting to the $13,000 total fees, of which $9,000 was added after the date of trial. Mayor Todd stated for the benefit of audience members, this situation arose out of a board of arbitration decision to award increased salaries to three employees in the City Clerk's Department. Councilman Traynor stated the board of arbitration was stricly on discrimination and not on salaries. Mrs. Elanor McLester asked to know the amount of legal fees for the City of Tukwila which the taxpayers will also have to pay in the court case on behalf of Mayor Todd and the defendants. Attorney Parker replied his fees for the case amount to $2,800 or $2,900. MOVED BY HARRIS, SECONDED BY DAVIS, TO AMEND THE AGENDA TO INCLUDE ITEM 7.e., MAYOR TODD'S LETTER REGARDING SENIOR CITIZENS CENTER AND LARGER BUS. CARRIED. Councilwoman Harris stated this item was discussed in the Community Affairs Committee and at the last Park Board meeting. Mr. Bill Moore, Chairman of the Park Board, sent memos to the Council including recommendations. Councilwoman Harris read the memo regarding the additional large bus which stated the Park Board feels a larger bus is not economically desirable, but an additional bus the size of our present van would provide 100% more flexibility and capacity to accommodate the growth in recreational programs. MOVED BY HARRIS, SECONDED BY STERLING, TUKWILA CITY COUNCIL MEETING October 6, 1975 Page 5 OLD BUSINESS Cont. Senior citizens center and larger bus Cont. NEW BUSINESS Final acceptance of LID #20 Final acceptance of traffic signals at Strander Blvd. Andover Park East Letter from King County re: P.S.C.O.G. King County Library bookmobile services 13 7 THAT THE CITY COUNCIL CONCUR WITH THE RECOMMENDATION OF THE PARK BOARD AND NOT REJECT THE PROPOSAL TO BUY A LARGE BUS BUT TO CONSIDER THE PROPOSAL TO BUY A VAN OF THE SIZE WE HAVE NOW WHEN WE ARE CONSIDERING OUR 1976 BUDGET.* Councilman Sterling asked about drivers for the bus. Steve Hall, Public Works Direc- tor, stated there are two drivers in the Recreation Department. At the present time, due to the gross weight and passenger capacity of the bus, there are no special requirements for the drivers. *CARRIED. Councilwoman Harris read a memo from the Park Board regarding acquisition of property for a senior citi- zens center. The memo stated a separate and exclusive center for the use of senior citizens was not in the best interest of the City at this time, and the Board unanimously recommends all efforts be expended to acquire the property that has been recommended for a multi purpose center as soon as possible. MOVED BY HARRIS, SECONDED BY STERLING, THAT THE CITY COUNCIL CONCUR WITH THE RECOMMENDATION OF THE PARK BOARD TO REJECT THE HELEN WALKUP PROPERTY SITE. CARRIED. Councilman Gardner read a letter from Steve Hall addressed to Mayor Todd dated September 17, 1975 and a letter from Robert Hawkins, Project Engineer, URS Company, addressed to Steve Hall dated September 12, 1975. MOVED BY GARDNER, SECONDED BY STERLING, THAT THE CITY COUNCIL APPROVE FINAL ACCEPTANCE OF LID #20 AS RECOMMENDED BY THE PUBLIC WORKS DIRECTOR AND URS COMPANY. CARRIED. Mayor Todd read a letter from Steve Hall dated Septem- ber 26, 1975 recommending final acceptance of the tra- ffic signals and release of final retainage to the contractor. MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO CONCUR WITH THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR TO APPROVE FINAL ACCEPTANCE OF TRAFFIC SIGNALS AT STRANDER BLVD. AND ANDOVER PARK EAST. CARRIED. Councilwoman Harris read a letter from King County Councilman Bill Reams dated September 17, 1975 stating the County Council has adopted a motion announcing its intentions to withdraw from membership of the Puget Sound Council of Governments. MOVED BY HARRIS, SECONDED BY TRAYNOR. TO REFER THE LETTER To TA1 COMMUNITY AFFAIRS COMMITTEE* Councilman Sterling stated he would like to see a Valley cities associa- tion rather than one governed by King County. Mayor Todd stated the Suburban Mayors Association has been actively involved with the reformation of P.S.C.O.G. since they are the designated clearing agency appointed by the Governor to review A -95 grant applications. The small cities support the organiza- tion and the withdrawal of King and Snohomish Counties has not had that much affect on P.S.C.O.G. *CARRIED. MOVED BY HARRIS, SECONDED BY SAUL, TO AMEND THE AGENDA TO INCLUDE ITEM 8.d., CORRESPONDENCE FROM THE KING COUNTY LIBRARY SYSTEM REGARDING BOOKMOBILE SERVICE TO THE CITY OF TUKWILA, CARRIED. Councilwoman Harris stated one of the proposed goals of the City Council is to provide this service in 1976. The letter from the King County Library System dated October 3, 1975 states payment for this service by the City is based TUKWILA CITY COUNCIL MEETING October 6, 1975 Page 6 NEW BUSINESS Cont. Bookmobile Cont. City holiday Council meeting cancellation RECESS 9:05 P.M. 9:20 P.M. STANDING COMMITTEE REPORTS Public Works Committee Letter from Miss Nelsen, Independent Water Co. Community Affairs Committee Building Code Board of Appeals and Fire Code Board of Appeals /36g on a formula of a per capita fee multiplied by the population, or $8.50 x 3,370 $28,645.00 annual cost to the City. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THIS ITEM BE REFERRED TO THE OCTOBER 27, 1975 COMMITTEE OF THE WHOLE MEETING. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE COMMIT- TEE OF THE WHOLE MEETING REGULARLY SCHEDULED FOR OCTOBER 13, 1975 BE CANCELLED DUE TO THE COLUMBUS DAY HOLIDAY. CARRIED. MOVED BY DAVIS, SECONDED BY TRAYNOR, THAT THE MEETING RECESS. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. Councilman Gardner read a letter from Miss Helen Nelsen, Independent Water Co., dated September 18, 1975 regarding actual ownership by the Company of property on the west side of Green River and nego- tiations with the City which resulted in an agree- ment with the City to purchase that portion of the water system in 1958. Councilwoman Harris stated the proposed resolution regarding appointment and re- appointment to City boards and commissions was discussed together with letters received from department heads on that sub- ject. In those letters, reference was made to the Building Code Appeals Board and the Fire Code Appeals Board and they were extensively discussed as there has been a question regarding these boards for more than a year. The committee makes the following determination and recommends to the Council that the Council take the position that there is no legal Board of Appeals because no ordinance has been adopted pursuant to the Building Code properly estab- lishing the Board of Appeals, setting forth terms of office, manner of appointment, duties and responsi- bilities, procedures and related requirements. Since there has been no Council action, the Board is not recognized by the Council. Merely adopting the Uniform Building Code, which does state there shall be a Building Code Appeals Board set up, does not automatically establish a Board of Appeals. The Board, if created at all, should be created by ordi- nance pursuant to the ordinance which adopted the U.B.C. She stated the same applies to the Fire Code Appeals Board. MOVED BY HARRIS, SECONDED BY DAVIS, THAT THE CITY COUNCIL CONCUR WITH THE COMMITTEE'S POSITION THAT THE CITY COUNCIL DOES NOT RECOGNIZE THE BUILDING CODE BOARD OF APPEALS OR THE FIRE CODE BOARD OF APPEALS BECAUSE THERE IS NO ORDINANCE ADOPTED BY THE CITY COUNCIL ESTABLISHING THESE BOARDS.* Councilman Johanson asked if this situation is accur- ate, have there been any actions taken by the Boards so far. Mayor Todd stated the two Boards have been in existence for some time and have made some spectac- ular decisions affecting the City's responsibility and liability. The Boards were formed as a result of adopting the Uniform Building and Fire Codes. He suggested Councilwoman Harris check with the City Attorney to verify her position on this. TUKWILA CITY COUNCIL MEETING October 6, 1975 Page 7 STANDING COMMITTEE REPORTS Cont. Community Affairs Committee Cont. I3G Councilman Traynor stated at the time we adopted the Building Code, we were informed that by adopting it the Board of Appeals would be provided for. Councilwoman Harris stated the Code does state there shall be a Board of Appeals for the Uniform Building Code and for the Uniform Fire Code. The Building Code does have national application without regard for local jurisdiction restrictions. The membership of the Boards, as the Council so desires, may include persons who have a highly specialized technical back- ground in those specific fields and the City Council may want to instruct the City Attorney to draw an ordinance creating these two Boards for Council enactment. She stated the U.B.C. and the U.F.C. do not set up the Boards. Attorney Parker stated the City's Ordinance 860 set up the Board; it includes the number of members, their powers and duties, etc. of the Board of Adjustment. Councilwoman Harris stated the Board of Adjustment does not consider appeals from the U.B.C. or the U.F.C. it is a separate entity from the other two Boards. Mayor Todd stated we do have members currently assigned to the Boards of Appeals. The City Council is not legally required to approve appointments to these Boards. Councilman Saul asked if Barney Ruppert, Building Director, has been informed of this position. Council- woman Davis indicated he was not present at the Commit- tee meeting when this was discussed. Councilman Sterling asked to have the ordinance which sets up the Board of Appeals read. Councilwoman Davis replied there is none. Mayor Todd stated the ordinance adopt- ing the Uniform Building Code and Uniform Fire Code set up the Board of Appeals. Councilman Sterling disagreed. Mr. Al Pieper, Building Inspector, stated the U.B.C. does set up the Board of Appeals and it is quite specific. We have an ordinance adopting the U.B.C. Unless we have other ordinances revising the U.B.C., that Code is adopted word for word automatically. Kjell Stoknes, Planning Director, stated he felt it may be a mistake to take this action formally on the proposed policy until action is taken to re- establish the situation. Otherwise, the City will be left some- what vulnerable. Councilman Sterling stated he would not want to be a party to not recognizing the Boards but he felt if it is necessary to have an ordinance establishing these Boards, we should have one prepared right away. Councilman Traynor stated if the Council wishes to make changes in the Boards of Appeals, they should be prepared with the resolution or ordinance for Council consideration before we nullify anything we already have. *ROLL CALL VOTE: 3 AYES GARDNER, DAVIS, HARRIS; 4 NOS STERLING, TRAYNOR, SAUL, JOHANSON. MOTION FAILED. Councilmen Johanson and Sterling stated they felt an ordinance should be passed establishing the Board. Councilman Traynor stated he felt we have the ordinance establishing the Boards, but one may be needed to make the appointments, duties, etc. Attorney Parker read from the U.B.C. as follows: In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and is hereby created a Board of Appeals con- sisting of five members who are qualified by experience TUKWILA CITY COUNCIL MEETING October 6, 1975 Page 8 STANDING COMMITTEE REPORTS Cont. Community Affairs Committee Cont. SECOND READING OF ORDINANCES Ord. 944, Relating to abandoned refriger- ation equipment Ord. 945, Relating to alcoholic beverage control Ord. 946, Relating to unattended children in motor vehicles 137o and training to pass upon matters pertaining to build- ing construction. The Building Official shall be an ex officio member and shall act as Secretary of the Board. The Board of Appeals shall be appointed by the Mayor and shall hold office at his pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith. (Sec. 204, Uniform Build- ing Code, 1973 Edition). Attorney Parker stated the U.B.C. was adopted by Ordinance 847. Councilman Sterling disagreed that the Ordinance sets up the Board of Appeals. He stated it is the same situation regarding the Planning Commission which is established by ordinance including terms of office and method of appointment. MOVED BY DAVIS, SECONDED BY STERLING, THAT SUBSTITUTE ORDINANCE BE READ IN FULL. CARRIED. Attorney Parker read an ordinance relating to abandoned refrigeration equipment and adding new sections to T.M.C. 8.28 and Ordinance 564, as amended. Attorney Parker stated the ordinance does not conform to the requirements of the R.C.W. as to form. He stated it is not necess- ary to amend the Tukwila Municipal Code by adding a new section. A new section will be added by passing the ordinance. He stated he could not approve this ordinance as to form. MOVED BY DAVIS, SECONDED BY JOHANSON, THAT SUBSTITUTE ORDINANCE 944 BE ADOPTED AS READ. CARRIED. MOVED BY DAVIS, SECONDED BY STERLING, THAT SUBSTITUTE ORDINANCE BE READ IN FULL. CARRIED. Attorney Parker read an ordinance relating to alcoholic beverage con- trol and adding a new section to Tukwila Municipal Code, Title 8. For reasons indicated regarding Ordi- nance 944, Attorney Parker does not approve this ordi- nance as to form. MOVED BY DAVIS, SECONDED BY STERL- ING, THAT SUBSTITUTE ORDINANCE 945 BE ADOPTED AS READ.* Councilman Saul asked for clarification regarding the purpose of the ordinance. Police Chief John Sheets stated he felt it is better to handle these kinds of misdemeanors in the Tukwila Municipal Court. MOVED BY HARRIS, SECONDED BY DAVIS, TO AMEND THE MOTION AS FOLLOWS: THAT THE NUMBERS 1, 2, AND 3 BE DELETED EACH TIME THEY FOLLOW THE WORDS "NEW SECTION" AND FOLLOWING THE ENACTMENT CLAUSE, THE WORDS "SECTION 1" BE INSERTED BEFORE "THAT TUKWILA MUNICIPAL CODE, CHAPTER 8.04 ETC. "AND THAT THE WORDS'SECTION 2" BE ADDED JUST PRIOR TO THE WORDS "THAT TUKWILA MUNICIPAL CODE, CHAPTER 8.08 AND ORDINANCE 413 ETC." CARRIED. *ORIGINAL MOTION AS AMENDED, CARRIED. MOVED BY DAVIS, SECONDED BY SAUL, THAT SUBSTITUTE ORDINANCE BE READ IN FULL. CARRIED. Attorney Parker read an ordinance making it unlawful to leave unattend- ed children in motor vehicles and adding a new section to T.M.C., Chapter 8.08. For reasons indicated above regarding Ord. 944, Attorney Parker does not approve this ordinance as to form. MOVED BY DAVIS, SECONDED BY JOHANSON, THAT SUBSTITUTE ORDINANCE 946 BE ADOPTED AS READ.* Councilman Saul asked if this ordinance came as a re- quest of Chief Sheets. Attorney Parker stated the ordinance in its original form was requested by Chief TUKWILA CITY COUNCIL MEETING October 6, 1975 Page 9 SECOND READING OF ORDINANCES Cont. Ord. 946 Cont. FIRST READING OF ORDINANCES Ord. 943, Providing for issuance of G. 0. Bonds for the purchase of Foster Golf Course 3 7/ Sheets but it has since been amended to where it is now worthless. Councilman Saul asked who can enforce this ordinance. Chief Sheets stated only the Tukwila Police Department and not the Southcenter patrol guards is authorized to enforce these laws. He stated the original proposed ordinance which went to the committee had its stated purpose to make it unlaw- ful to leave unattended children in public places in parked cars. It was also vague but it gave the Police the authority to check on children who were locked in cars. The way this ordinance has been amended, the officer has this authority only if it appears the child is in imminent danger. It narrows the scope of Police action. The committee stated it received some citizen input that the Police would be able to pounce upon cars when a person went into a store and left their children in the car. As he reads it, Chief Sheets stated he felt this was an attempt to limit Police action in taking someone to trial or to jail. Councilman Sterling stated it would be arguable in court whether or not there was imminent danger. Councilman Johanson stated the first proposal stated the child could be in the care of someone else in the car 12 years old or older. We felt there may be cases where the 12 year old child was the source of imminent danger to younger ones. Attorney Parker stated the State law provides that you cannot leave children under a certain age in a car while you go into a tavern. You get around that by going into a store and then going into the tavern. The original ordinance gave the Police Department more authority in cases where the weather was too cold or too hot and the kids are crying, but as it is now the officer has to be very cautious about whether the child is in any imminent danger. Attorney Parker read the original proposed ordinance. Councilwoman Harris stated the Public Safety Committee reviewed several ordinances from neighboring jurisdictions. Some in- cluded the stipulation that there shall be a 20 minute waiting period between the time the situation is first observed until any action is taken. The committee felt that a child's life could be in danger in that period of time. The changes in the ordinance are a result of the committee's efforts and the committee was concerned about the procedures used by the Depart- ment in these situations. Chief Sheets did draw up a proposed enforcement procedure which she reviewed. *ROLL CALL VOTE: 4 AYES GARDNER, DAVIS, HARRIS, JOHANSON; 3 NOS STERLING, TRAYNOR, SAUL. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance of the City of Tukwila, Washington, providing for the acquisition of real property within the City consisting of approximately 73 acres, includ- ing the 18 -hole golf course known as the "Foster Golf Course," together with the clubhouse and buildings thereon; declaring the estimated cost thereof as nearly as may be; providing for the borrowing of a total of $1,850,000.00 and issuing the selling negotiable gen- eral obligation bonds to pay a part of the cost there- of, such bonds to be payable by annual tax levies to be made without limitation as to rate or amount; de- claring an emergency; and providing for the submission of the proposition of incurring such indebtedness and issuing such bonds to the qualified voters of the City at a special election to be held on November 4, 1975, TUKWILA CITY COUNCIL MEETING October 6, 1975 Page 10 FIRST READING OF ORDINANCES Cont. Ord. 943 Cont. Ord. 947, Fixing amount of tax levies to meet estimated expenditures for 1976 E declaring an emergency Proposed ordinance, Approving E con- firming LID #26 final assessment roll 1372 in conjunction with the State general election to be held on the same date. MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO SUSPEND THE RULES AND READ THE PROPOSED ORDINANCE BY TITLE ONLY FOR ITS SECOND READING. CARRIED. Attorney Parker read proposed ordinance as stated above by title only. Mayor Todd read a letter dated September 29, 1975 from A. Wesley Hodge, attorney for the Foster Golf Course owners, stating the sale is for the real property and buildings and does not in- clude any personal property. MOVED BY TRAYNOR, SECONDED BY SAUL, TO INSERT THE TOTAL COST OF $2.355 MILLION IN THE BLANK SPACE ON PAGE 2. CARRIED. Councilman Johanson stated he understood the cost to the owner of a home valued at $20,000 would be $15 per year and would decrease each year. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ORDINANCE 943 BE ADOPTED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance fixing the amount of tax levies necessary to raise funds to meet the estimated expend- itures for the year 1976 as required by RCW 84.52.020; authorizing the City Clerk to certify such budget or estimate of the amount to be raised by taxation on the assessed valuation of the property located within the City of Tukwila, Washington, and declaring an emergency, MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO SUSPEND THE RULES AND READ PROPOSED ORDINANCE BY TITLE ONLY FOR ITS SECOND READING. CARRIED. Attorney Parker read proposed ordinance as stated above by title only. MOVED BY JOHANSON, SECONDED BY SAUL, THAT ORDINANCE 947 BE ADOPTED AS READ.* City Treasurer Mae Harris explained the computation of the levy rate. *CARRIED. Mayor Todd stated he adamantly opposed the ordinance because he feels it imposes an unnecessary levy against the real property in the City and it very well may con- stitute an illegal taxation situation. He stated he believed the 1976 budget could have been prepared by himself in a balanced form with a considerable reduc- tion in the ad valorem tax by using a certain amount of the sales tax in excess of the 25% the Council has allowed in their policy statement. RECESS MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT THE MEETING 10:55 P.M. 11:03 P.M. RECESS. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance approving and confirming the assessments and assessment roll of Local Improve- ment District No. 26 which has been created and estab- lished for the purpose of installing sanitary sewer trunks, force mains and lift station, all in accordance with City standards within an area lying West of Inter- state 5, South of South 160th Street and East of 51st Avenue South, all within the City of Tukwila, pursuant to the property owners' petition and City of Tukwila Ordinance No. 868, and levying and assessing the amount thereof against the several lots, tracts, parcels of land and other property shown on the roll, by title only. Steve Hall, Public Works Director, read each protest letter and his written response to each. He explained the events regarding Mr. Ernie Onorati's protest and his contact with Val Vue Sewer District. Mr. Onorati stated in his conversation with Terry Matlick of Val Vue, Mr. Matlick had stated there was a total of $75 paid for easements in this project. CUKWILA CITY COUNCIL MEETING )ctober 6, 1975 Page 11 FIRST READING OF ORDINANCES Cont. Proposed ordinance, Final assessment roll For LID #26 Cont. ?roposed ordinance, locating a portion )f So. 152nd Street Proposed ordinance, )eclaring cross :onnections which endanger water quality unlawful requiring )ackflow prevention levices Proposed ordinance, Supplementing re- luirements of the J.B.C. U.F.C. re: auto opening seat smoke vents craft curtains Proposed ordinance, 2ezone from R -3 to R -4 (Todd) /373 He stated this project was started under LID #23 and was voted down by the people and then re- enacted by LID #26. Was the construction cost 10% more for LID #26 than for LID #23 and was any work eliminated from the contract between the time LID #23 was proposed and LID #26 was constructed. Steve Hall explained LID #23 was voted down during the preliminary assessment roll hearing and the project never went to bid. The contract was the same for the work in LID #23 and in LID #26. There was an error in publication regarding the line installed on 151st; the publication stated the line had been installed under LID #26 when it was actually installed under ULID #6, King County. Discussion re- garding the separation of costs between ULID #6 and LID #26 continued. Steve Hall further explained there was less than lo% increase in the bids received from the contractors over the cost of the preliminary assess- ment roll. Due to difficulties encountered during the construction phase, the amount of the final assessments is 10.8% more than the amount of the preliminary assess- ments. Steve Hall recommended an adjustment in the final assessment for Willis and Joanne Burton, in the amount of $645.60. The total assessment roll is now $192,664.40 and the difference created by the adjustment will be paid out of the sewer general fund. MOVED BY TRAYNOR, SECONDED BY GARDNER. THAT THE PROPOSED ORDI- NANCE BE REFERRED TO THE PUBLIC WORKS COMMITTEE. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE PROPOSED ORDINANCE BE PLACED ON THE AGENDA FOR THE NEXT REGULAR COUNCIL MEETING, OCTOBER 20, 1975. CARRIED. MOVED BY JOHANSON, SECONDED BY TRAYNOR, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance of the City of Tukwila, Washington, declaring cross connections which endanger water quality unlawful and requiring the installation of backflow prevention devices; requiring private water supply systems to conform with applicable ordinances of the City of Tukwila; adopting State standards for water supplies and cross connection control regulation; de- claring existing unlawful cross connections to be public nuisances and prescribing a procedure for abatement of said nuisances, by title only. MOVED BY HARRIS, SECONDED BY DAVIS. THAT PROPOSED ORDINANCE BE REFERRED TO THE PUBLIC WORKS COMMITTEE. CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance supplementing the re- quirements of the Uniform Building Code and the Uniform Fire Code as adopted by Ordinances 847 and 816, requir- ing automatic opening heat and smoke vents and draft curtains, by title only. MOVED BY HARRIS. SECONDED BY TRAYNOR. THAT THE PROPOSED ORDINANCE BE REFERRED TO THE PUBLIC SAFETY COMMITTEE. CARRIED. Mayor Todd excused himself from the Council table and yielded the gavel to Council President Traynor. MOVED BY HARRIS, SECONDED BY STERLING, THAT PROPOSED ORDIN- ANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance re- classifying certain property from R -3 zoning to R -4 zoning within the City of Tukwila by title only. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE REFERRED TO THE COMMUNITY AFFAIRS COMMITTEE.* TUKWILA CITY COUNCIL MEETING Dctober 6, 1975 Page 12 FIRST READING OF ORDINANCES Cont. Proposed ordinance, Rezone from R -3 to R -4 (Todd) Cont. Proposed ordinance, Rezone from R -4 C -1 to C -2 (R. L. Oldright) /3?% Councilwoman Harris asked if the Committee or the entire Council should hold the public hearing on this rezone. Kjell Stoknes, Planning Director, stated State law requires either the Planning Commission or the City Council to hold a public hearing. The Planning Commis- sion held its public hearing September 25. Councilman Traynor stated the City Council previously held a pub- lic hearing regarding this application even though it was for a different classification of zoning in May, 1975. He stated the ordinance should go to committee for a recommendation. Councilwoman Harris stated the Council passed Resolution 489 which was passed August 4 and the request was filed by the applicant of August 4. The proposed policy of the Council was known and did appear on the Council's agenda more than once and the Chief Executive Office certainly would have had to be aware that the item was on the agenda for that night for final adoption. She stated it struck her as odd that both should appear on the same day. Councilman Sterling stated nonetheless, the application did come in prior to the date the resolution became effective. MOVED BY STERLING, SECONDED BY SAUL, TO AMEND THE MOTION THAT THE COMMUNITY AFFAIRS COMMITTEE BRING THE PROPOSED ORDINANCE WITH ITS RECOMMENDATION BACK TO THE COUNCIL TABLE AT THE NEXT REGULAR MEETING, OCTO- BER 6, 1975. CARRIED. *MOTION AS AMENDED, CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance re- classifying certain property from R -4 and C -1 to C -2 zoning within the City of Tukwila, by title only. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE REFERRED TO THE COMMUNITY AFFAIRS COMMITTEE.* Councilwoman Harris stated the property under the Comprehensive Plan indicates multiple use for this property. The C -2 zoning is not consistent with the Comprehensive Plan. When the Planning Commission held its public hearing, it never addressed itself to that and staff did not cover it in its report. There is a requirement to amend the Comprehensive Plan and hold a public hearing. Councilwoman Harris alsoquestioned Ordinance 683 to which was attached a rough draft agreement. She re- quested to see the original document. RECESS MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE MEETING 11:55 P.M. 12:07 A.M.RECESS TO RETRIEVE DOCUMENTS. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. City Clerk Shirlee Kinney distributed copies of the original signed agreement in its proper form. It was noted in the formulation of the agenda packet, a rough draft copy of the agreement had been inserted. Councilman Traynor stated there appears to be several things to consider in this rezone request, but he hoped the discussion would cover them in the committee. Councilman Sterling stated the committee is overworked and there are too few Council Members getting in on this. *MOTION AND SECOND WITHDRAWN BY SAUL AND JOHAN- SON. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULES AND PLACE THE PROPOSED ORDINANCE ON ITS SECOND READING BY TITLE ONLY. CARRIED. Attorney Parker read the proposed ordinance re- classifying cer- tain property from R -4 and C -1 to C -2 zoning within the City of Tukwila, by title only. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE DENIED DUE TO THE FACT THAT IT DOES NOT COMPLY WITH THE COMPREHEN- SIVE LAND USE PLAN WHICH HAS NOT BEEN AMENDED. CARRIED. TUKWILA CITY COUNCIL MEETING October 6, 1975 Page 13 FIRST READING OF ORDINANCES Cont. Proposed ordinance, Providing for interdepartmental loan for interim financing re: LID #27 RESOLUTIONS Reso. 498, Designating URS Co. as engineers for LID #28 Proposed resolution, Intent to create LID #28 by improving portions of So. 152nd Street F, 57th Avenue So. Letter from Police Guild Proposed resolution, Defining the Tukwila Planning Area Proposed resolution, Fixing per diem expense allowance 1375 MOVED BY TRAYNOR, SECONDED BY STERLING, TO AMEND THE AGENDA TO INCLUDE ITEM 11.i. AND TO STRIKE ITEM 12.e. FROM THE AGENDA. CARRIED. MOVED BY JOHANSON, SECOND- ED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance providing for an interdepartmental loan between Water /Sewer Construc- tion Fund and the LID #27 Construction Fund. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution designating URS Company as eng- ineers for Local Improvement District No. 28. Forma- tion of the LID was discussed. Steve Hall, Public Works Director, stated there is more than 60% approval of the participants to form the LID. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULES AND PLACE THE PROPOSED RESOLUTION ON ITS SECOND READING. CARRIED. Attorney Parker read proposed resolution designating URS Company as engineers for Local Improvement District No. 28. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT RESOLUTION 498 BE APPROVED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution of the City Council of the City of Tukwila, Washington, declaring its intention to improve a part of the City by improving portions of South 152nd Street and 57th Avenue South by acquisi- tion of additional public right -of -way, grading, widen- ing and paving the street surface, installing side- walks, curbs and gutters, installing storm drainage, storm sewers and sanitary sewers, water facilities, underground utilities and street illumination and to create a local improvement district to assess the cost and expense of carrying out such improvements against the property specially benefitted thereby and notify- ing all persons who desire to object to the project to appear and present their objections at a meeting of the City Council to be held on 1975. MOVED BY HARRIS, SECONDED BY JOAANSON, THAT PROPOSED RESOLUTION BE PEFERREb TO THE PUBLIC NT6TrKS COMMITTEE. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING,TO AMEND THE AGENDA TO INCLUDE A LETTER FROM THE POLICE GUILD. CARRIED. Councilman Traynor read a letter dated October 1, 1975 stating the Police Guild is invoking Step 5 of Article XVI of their contract providing for binding arbitration due to the fact that negotiations have failed to produce an agreement between the Guild and the City. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE LETTER BE FORWARDED TO CABOT DOW. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution defining the Tukwila Planning Area for purposes of long range planning. MOVED BY HARRIS, SECONDED BY STERLING. THAT PROPOSED RESOLUTION BE REFERRED TO THE COMMUNITY AFFAIRS COMMITTEE. CARRIED. MOVED BY JOHANSON, SECONDED BY DAVIS, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution fixing per diem expense allowance for City officials while traveling on City business. MOVED BY HARRIS. SECONDED BY JOHANSON. THAT PROPOSED RESOLUTION BE REFERRED TO THE FINANCE AND PERSONNEL COMMITTEE. CARRIED. TUKWILA CITY COUNCIL MEETING October 6, 1975 Page 14 RESOLUTIONS Cont. Proposed resolution, Establishing policy for appointment re- appointment to City boards Commissions Reso. 499, Fixing date, time place for public hearing to consider petition for annexation (Gj erde) Proposed resolution, Professional contract with architect for design of City Hall MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS EXECUTIVE SESSION 1:05 A.M. 1:35 A.M. EXECUTIVE SESSION 1:37 A.M. 1:50 A.M. ADJOURNMENT 1 :51 A.M. l 37C„ MOVED BY HARRIS, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed resolution establishing policy for the appointment or re- appointment to boards and commissions of the City of Tukwila, by title only. Councilwoman Harris reviewed the sections of the resolution which were amended by the Community Affairs Committee. She stated this constituted a statement of intent for procedures of appointment. She explained applicants should live within the City, but these requirements may be waived by the majority of the City Council. MOVED BY HARRIS, SECONDED BY STERLING, THAT THE PROPOSED RESOLUTION BE ADOPTED AS AMENDED AND READ.* Councilman Traynor stated based upon the criteria in this resolution, he would not volunteer to serve on any boards or commissions. Councilwoman Harris stated in the past, appointments have been based on decisions which are arbitrary, capricious and discriminatory. The Council and the Mayor have no guidelines set for consideration of individuals; these guidelines are necessary in some cases where it may appear that a choice or denial has no basis at all. Mayor Todd stated he felt this resolution is disruptive and would kill any volunteerism we have now under this criteria. Councilman Saul agreed. *MOTION FAILED, WITH GARDNER, DAVIS, AND HARRIS VOTING YES. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution fixing 7:00 P.M. on the 3rd day of November, 1975, in the Council Chambers of Tukwila City Hall as the time and place for public hearing before the City Council of the City of Tukwila to consider a petition for annexation of a parcel of land located on the western side of the intersection of Interurban Ave- nue and 52nd Avenue South. City Clerk Shirlee Kinney explained due to another public hearing set at 7:00 for the revised 6 year Comprehensive Street Program, this resolution would require an amendment. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULES AND PLACE THE PROPOSED RESOLUTION ON ITS SECOND READ- ING WITH THE AMENDMENT IN TIME TO 7:30 P.M. CARRIED. Attorney Parker read proposed resolution as stated above by title only. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT RESOLUTION 499 BE APPROVED AS READ. CARRIED. Councilman Gardner referred to the Public Works Commit- tee minutes of October 2 wherein the Committee made recommendations regarding the proposed resolution. He stated the resolution has not been prepared. Coun- cilwoman Harris stated the Council's secretary was requested to relay the information regarding the pre- paration of the resolution. Mayor Todd stated the minutes of the committee meeting were not received until today after lunch. There was not enough time to prepare this resolution. Mayor Todd called for audience comments. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE COUN- CIL MEET IN EXECUTIVE SESSION REGARDING U.S.T.M.E. SALARY AND BENEFITS. CARRIED. THE COUNCIL MET IN EXECUTIVE SESSION REGARDING WAGES AND BENEFITS FOR DEPARTMENT HEADS. THE SIX DEPARTMENT HEADS WERE INCLUDED IN THE EXECUTIVE SESSION. MOVED BY TRAYNOR, SECONDED BY DAVIS, TVAT THE COUNCIL MEETING Al :5'N. i RRIED. Attest to,e„, L S 2, Mayor City ClerJ COMMUNITY AFFAIRS LEGISLATIVE COMMITTEE Tukwila City Council MINUTES The Community Affairs Legislative Committee of the Tukwila City Council was called to order by Chairwoman Harris at 5:45 p.m., October 15, 1975, at the city Hall Annex, 6230 Southcenter Blvd., Tukwila, Wa. Members Present: Mr. Dwayne Traynor, substituting for Mr. Jon Sterling Mr. Dwight Gardner, substituting for Mrs. Joanne Davis Mrs. Catherine Harris Staff Present: Mr. Kjell Stoknes, Planning Director Others: Mr. William Moore, Chairman, Park Commission The following items of business were considered: 1. Proposed Resolution Defining the Tukwila Planning Area for Purposes of Long Range Planning. !r. Stokness reviewed the area; generally along Highway 99 south to So. 200th, east along 200th and then up to So. 180th, north along the railroad tracks to So. 112th, and then west to 99. The committee reviewed the map attached to the ordinance. The Planning Commission has approved the proposed planning area. Mr. Stoknes indicated the proposed area is logical, it is supported through the Tukwila Data Inventory Report, and is a good planning area to work with for a 10 to 20 year period. Mr. Traynor stated he felt it is basically a good plan, with good "stopping points Moved by Mr. Traynor, seconded by Mr. Gardner, to reccommen3 to the council "Do Pass" Motion Carried. 2. Proposed Ordinance Re— Classifying Certain Property from R -3 Zoning to R -4 Zoning within the City of Tukwila; Applicant: Er. Frank Todd. The area for which the rezone is requested is the same as the previous request for RMH and denied. Mrs. Harris reviewed the Planning Commission recommended items. The committee then reviewed the Comprehensive Land Use Plan for the area; specifically from the Tukwila School south to Southcenter Blvd. It indicated that the total:area is indicated to be multiple dwelling. There is a mixture of existing R -1, R -3, R -4, with commercial on Southcenter Blvd. The request is for a portion of R -4 out of a larger portion of R -3. The density of each zone was reviewed. The parcel for which the rezone is requested is 2.5 acres. Under the existing zoning, R -3, 50 units could be constructed; under R -4 zoning 120 units could be constructed. Also, the height limit for R -3 is 35 feet; R -4 has a height limitation of 45 feet. Mr. Gardner inquired about the interim policy with regard to rezones. Mrs. Harris replied the Council approved the resolution on August 4, 1975; and thought it was effective immediately upon passage. Mr. Stokness reminded the committee that there was a clause making it effective 30 days after passage, and it was upon this basis that the application was accepted. Mrs. Harris indicated that the filing of the application by Mr. Todd on August 4th, put the committee in a perdicament, because the resolution had been PAG 2 introduced at the Council on July 21, 1975. It was referred to this committee, and on July 23, the committee considered the resolution, amended it, and brought it bast to the Council on August 4. It was approved as amended that evening. The perdica- ment is that the applicant is also the Mayor, and in his official capacity as the mayor was fully cognizant that this resolution had been introduced and was being considered, and knew it was on the agenda for August 4. Mr. Traynor asked Mrs. Harris if we were rezoning Mr. Todd's land, or are we rezoning a piece of property. He stated he could have filed for one without knowing of the policy. Mrs. Harris agreed with F..r. Traynor, stating that it is a possibility that someone could, but I.Mr. Todd did know of the resolution. Mrs. Harris further agreed with Mr. Traynor that the parcel of land is very seriously to be considered, with the situation of the applicant also being the mayor is secondary, but felt that the public is beoming increasingly conscious and conducting so much more surveillance on the activities of their elected officials, and this is sensitive. Mr. Traynor stated that if the Council did rezone this to R- 4,,that he would like to have a further condition added that being, that construction be started within a year, or the property would revert back to R -3. Mrs. Harris stated that the committee should bear in mind that rezoning land should be in the light of the health, safety and welfare of the community; tha a "rule of thumb" concept is to consider what a rezone does to or for the community R.C.W. 35.63.090 Restrictions Purposes of. was read. It is: "All regulations shall be worked out as parts of a comprehensive plan which each commission shall prepare for the physical and other generally advantageous development of the municipality and shall be designated, amoung Other things, to encourage the most appropriate use of land throughout the municipality; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources, to facilitate the adequate provision of transportation, water sewerage and other public uses and requirements." She added that in applying that guidance to this particular rezone, the striking parts are; to avoid undue concentration of population, to promote a coordinated development of unbuilt areas, and to secure an appropriate allotment of land area in new developments... We have existing already quite a heavy development of more dense apartment units on this south side of the hill. She felt that R -3 zoning is adequate, and did not feel it would be good for the community to have more dense zoning, that what is undeveloped. Mr. Traynor asked if staff had information indicating percentage of land presently zoned R -3, R -4 and RATE. Mr. Stoknes provided information from the Tukwila Data Inventory which shows that most of the vacand undeveloped land in these categories is R -4 and RMH. Er. Traynor then asked what the population would be if all the presently zoned multiple dwelling were developed. Mr. Stoknes computed it would be 5,420 dwellers in 2,464 units. Right now we have 1,019 apartment units. Mr. Traynor stated that if present multiple dwelling zoned land were developed there would be more than twice the population of single family zoned land, and rezoning the R -3 land to R -4 and RMH would increase this considerably more. Mrs. Harris stated that if everything were zoned up to R -4 and RMH, there wouldn't be any R -3 left and Wouldn't have a balanced community. Er. Traynor stated that according to the Data Report, that R -3 is way down to what it should be in relationship to R -4 and RMH. Moved by Mr. Traynor, seconded by Mrs. Harris to recommend to the Council "Do Not Pass This recommendation is based on the following: a. following the guidelines of RCW 35.63.090: 1. the comprehensive land use plan indicates multiple dwelling in this area. This has been met in that the parcel is already zoned multiple dwelling. 2. access is by one road, legally, only. Although traffic is increased, accessibility is not, traffic hazards would be increased. 3. safety from fire not enough information to comment. 4. adequate light air no problems are foreseen. 5. overcrowding of land the density of land would be from 50 units and 110 people in R -3 to 120 units and 264 people in R -4, or approximately 22 times on that parcel alone. 6. to secure an appropriate allotment of land area in new develop- ments for all the requirements of community life difficult to assess until a site plan is presented. 7. to conserve and restore natural beauty and other natural resources difficult to assess and project. b. In summation, the committee determined that the present zoning provides the maximum density that the "hill" area should have and still maintain its rural atmosphere. Motion Carried. 3. Other Mr. Moore presented a progress report on the committee being formed for the Foster Golf Course bond issue. Mr. Frank Kriedler is chairman. He also relayed,.informallyi that the Foster Pool is experiencing financial difficulties, and additional methods of support are being explored. There being no further business to bring before the committee,;the meeting was adjourned. (7 �,4 if 7 M: Catherine Harris Chairwoman