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HomeMy WebLinkAbout1976-03-08 Committee of the Whole MinutesMarch 8, 1976 TUKWILA CITY COUNCIL 7:30 P.M. COMMITTEE OF THE WHOLE MEETING ,CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS DISCUSSION MINUTES Tukwila City Hall Council Chambers The meeting was called to order by Council President Hill at 7:33 P.M. GARDNER, TRAYNOR, HILL, MS. PESICKA, VAN DUSEN, MS. HARRIS. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT COUNCILMAN SAUL BE EXCUSED FROM THE MEETING. CARRIED. Voting by secret Council President Hill asked Council members how they felt regarding ballot for Council the vote that had been taken for chairmen of the Council committees. committee chairmen Councilman Traynor stated that everyone knew how each member of the City Council had voted and he thought that here was a place where the Procedures should be changed. He expressed the thought that it might be a good idea for the City Council President to appoint a chairman for each committee since he selects the committee members. Ms. Harris stated that she felt each committee should select their own chairman, by selecting a chairman they can operate in a better manner. MOVED BY MS. HARRIS, THAT THE CHAIRMAN OF A COMMITTEE BE ELECTED BY VOICE VOTE. MOTION FAILED FOR LACK OF A SECOND. Cancellation of Ms. Pesicka stated that if a committee has some matter under considera- Council committee tion, there should be a meeting of the committee. If there is meetings nothing under consideration there is no need to have a regular meeting. Councilman Gardner stated that he thought there was always something in a committee that could be discussed. Council President Hill stated that the reason the committee meetings had been cancelled was due to the fact that all of the items in committee were given to Administration to rehash and bring up to date and presented to the Council in an updated version and then go into committee, if necessary. He continued there was no specific work to be done by the committees at this time, so the regularly scheduled meetings had been cancelled until the updated material was available. Ms. Harris said she thought it would be advisable to reinstate regular committee meetings. She added that she thought the meetings should be scheduled and timed for the convenience of the public. She said that some of the things that were passed at the last City Council meeting were not available to the public prior to being presented that night. She stated that she felt the City Council members themselves needed a longer time to consider facts before they pass legislation. Ms. Pesicka stated that most of the legislation that was passed last Monday night was not new to the public, they were old matters that the public already knew about. Councilman Van Dusen said that in electing people to represent them most of the public wishes to have decisions made for them in their absence. He said he would like to see the public taking a greater interest, he would like to see the Council Chambers full every time there is a meeting. He continued there is a need and purpose for committees, but they should be used for actual discussion of matters and not just "get togethers." Reid Johanson, audience, stated that some of the action was not taken on matters that were in committee due to the fact that additional information was needed. Ms. Pesicka said this was why everything was taken out of committee, so material could be updated and referred back to committee, if necessary. Council President Hill said that one entire meeting was devoted to the discussion of L.I.D. #28 so that all members of the Council would have the information that was available. Reid Johanson, audience, stated that some of the matters were left in committee as a matter of courtesy for the new City Council members who were coming into office in January, as the outgoing City Council members did not want to rush some of the things through. Council President Hill stated that the City Council has always had committees. Councilman Gardner said he thought they should have committees as it gives people someone to go to if they want to talk about things and get public reaction to matters being considered. Also, the committee members can go to other cities and talk to them and see what they are doing and get valuable information. Council President Hill said the cancellation of the regularly scheduled committee meetings was just temporary in order to bring matters that were in committees up to date. The committees exist and meetings will be held as they are needed. Councilman Traynor said he thought that not everything should be referred 'UKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING ?arch 8, 1976 'age 2 )ISCUSSION Contd. :ancellation of ;ouncil committee ieetings Contd. 'ukwila Municipal ;ode Book revisions !ecommendations rom Book Publish- ing Co. )rd. Adopting 'ark Open Space 'rogram Capital .es. Authorizing 4ayor to execute agreement with 'eoples Natl. Bank `or City banking services l to committee, there are some things that should not go to committee. He said if he did not have sufficient information on a matter he goes out and gets it. He said it was great if three people (members of the committee) get all of the information but it is better if all seven members of the Council have all of the information so they can make a better decision, rather than just going on the recommendation of the involved committee. Ms. Harris said that debate is healthy and if there was never any flutter here people might wonder. She said that it is not feasible to give a matter all of the debate that it warrants at the Committee of the Whole meeting. She added she could see a lot of things that need not go to committee for further study, but some things do. She continued that she thought the Public Safety Committee should sit down with the Police and Fire Departments and just rap for awhile so the committee members and the Police and Fire Departments could get better acquainted get to know one another. Councilman Van Dusen said that would be fine, they would do that. Council President Hill said that any committee can meet when they want to but he thought any discussion with the Department Heads without the Mayor in attendance would not be valid as he is the boss of the Department Heads. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT THE NEXT ITEM ON THE AGENDA BE CONSIDERED. CARRIED. Mayor Bauch stated that he did not know why this item was on the agenda as Deputy City Attorney Hard is reviewing the revisions and he will bring them back to the City Council when they are ready. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THIS ITEM BE STRICKEN FROM THE AGENDA. CARRIED. Ms. Harris said that the title of this ordinance indicates this park plan shall be made part of the comprehensive plan. Mayor Bauch explained that the new park plan will be part of the new comprehensive plan and it will not be repealed when the other elements are brought into it. He added that this one is intended to be part of the new comprehensive plan. He said that the City had been told that our park plan is out of date and we have to bring it up to date in order to be eligible for federal funds. He added that the City had received word that they must have an up -to -date park plan in by April 1 or we will have to wait for one year to apply for federal funds again. Ms. Pesicka said that this ordinance does have the approval of the Park Board. Ms. Harris said that this ordinance repeals Ordinance #546 and she asked why? Council President Hill said that Deputy City Attorney Hard had said the repealing part of the ordinance had to be revised and he would get it in order and bring it to the next City Council meeting on March 15. Mayor Bauch confirmed the information. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THIS PROPOSED ORDINANCE BE ON THE AGENDA FOR THE CITY COUNCIL MEETING TO BE HELD MARCH 15. CARRIED. Council President Hill stated that Mayor Bauch would have Deputy City Attorney Hard look over this resolution as to language, etc. Mr. Wyler, Peoples National Bank, stated that the banking service agree- ment had been patterned after the one they have with the City of Belle- vue. He said that some cities do not have a written agreement with them, but it is preferable. He added that if the City wishes to make any changes in the agreement they can do so. Mayor Bauch said that Administration is proposing the date of July 1 as the effective date for Peoples National Bank to start providing banking services to the City. This will allow time to use supplies that are on hand and July 1 is the beginning of a new quarter. MOVED BY MS. PESICKA, SECONDED BY MS. HARRIS, THAT THE PROPOSED RESOLUTION BE DISCUSSED WITH THE CITY TREASURER AT THE MARCH 30 MEETING OF THE FINANCE COMMITTEE AND THE MATTER BE BROUGHT BACK TO THE TABLE AT THE NEXT COMMITTEE OF THE WHOLE MEETING. Councilman Traynor said that the City Council had received a letter from the City Treasurer supporting this resolution, that the resolution had gone to committee and had come back to the Council. *MOTION FAILED, WITH MS. PESICKA VOTING YES. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE PROPOSED RESOLUTION BE ON THE AGENDA FOR THE MARCH 15 MEETING OF THE CITY COUNCIL. CARRIED. tECESS MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, THAT THE COMMITTEE OF THE 3:55 P.M. 9:05 P.M. WHOLE MEETING RECESS FOR TEN MINUTES. CARRIED. Council President Hill called the meeting back to order with all Council Members present as previously listed. CUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING larch 8, 1976 'age 3 )ISCUSSION Contd. Zes. Approving Codd's Rainier Tista being 'lanning Dept. Pile #MF -76 -2 -Sub., ;ubj ect to condi- :ions of the pre _iminary plat 49'7 Council President Hill asked the City Council members for comment on the proposed resolution. Councilman Traynor said he was curious as to why the Planning Commission had ignored some of the recommendations of the Planning staff as to street widths, sanitary sewers, and water mains, turn arounds on the streets it was not answered in the Planning Commission minutes. Mayor Bauch stated that he had several discussions with Planning Director Stoknes and what he had stated in previous City Council meetings is what he would say if he were in attendance at this meeting that he had asked if he should be in attendance, that he had nothing new to add. He said he had just seen fit to recom- mend as he did. Frank Todd, audience, stated that perhaps Mayor Bauch is asking the wrong man for a legal opinion, perhaps the City Attorney should be asked if the City can impose qualifications on a private street on private property. He said he did not believe Mr. Stoknes is qualified to answer that. Mayor Bauch stated that Mr. Stoknes asked the City Attorney about this and if you look at the Tukwila Muni- cipal Code it does say that the City Council can impose these qualifi- cations if it is for the health and welfare of the City. That is the opinion of the City Attorney. He continued that it can be made a condition of the subdivision plat. Mayor Bauch read the respective paragraph from the Tukwila Municipal Code. Councilman Traynor re- minded the Council that the City had had to take over several sub- standard roads in the past. Frank Todd, audience, asked if it was being proposed that he dedicate a right of way to the City. Councilman Traynor said he was not proposing that. He said he was proposing that they be full standard streets with turn arounds. Frank Todd, audience, said if for instance he withdrew his application for this plat since there is some controversy, and decided to put the maximum number of units on this property, the best way he could. He continued that in this case, perhaps, it would be to his advantage not to have the plat because there is no way the book can dictate to him as to how wide the driveway has to be to each one of these units, there is not way to dictate to him west of 62nd Avenue South how the sewer and water has to be installed, it is private property and will always be private property, so perhaps rather than getting into a hassle about the width of the streets, Skip thinks he is right, I think I am right, and the Mayor thinks he is right, I doubt there would ever be a winner even if the matter is taken to court. He continued that if he platted he would have all of these side yard set backs to contend with if he does not plat it he will have just two this one back here (pointing to drawing on blackboard) and this one. That is all I have and that is the only control, the rear yard set back and the set back over here. That is the sum and substance of the city's control over how I develop that property. He added that he can develop it with the R -3 zoning that is there in accordance with the law. It is obvious, he said, that he is not going to continue the plat application if he is going to have to put in 34 foot streets the property is not that big. Nobody to my knowledge has had to do it in the past. What I am saying, he continued, is that it would be a lot easier for me, other than the division of the property someday to just forget about it. Council President Hill asked Mr. Todd if he wished to withdraw the application. Mr. Todd replied that he did not say that. He said he was saying that was the solution. Councilman Traynor said that one good reason to plat the land is so it can be sold in individual pieces. Mr. Todd replied that was not necessarily the case, that it is much easier to finance and develop each one individ- ually. Ms. Harris said that the City Council has the power to do several things with plats what is going to be the public use of this plat they can inquire as to the ultimate use of the property, they can also require the dedication of required land. She continued that she thought there should be considerably more information available than has been provided to the Council members and the Council members should require it they should have the information as to the intended use of the property and require 50 feet right of way dedicated to the City. Council President Hill said that the drainage has been provided for the property in question. He continued that he felt there were quite a few questions they should ask the City Attorney whether they could force the owner to designate use of the land, etc. Ms. Harris said she had inquired of the City Attorney and he said the City Council had the power to inquire as to the use, and the power to require the right of way. Al Peiper, audience, stated that it was not usual to ask about the use of the land before or after it is platted, it can be used any way within it's zone classification. Mr. Todd asked TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 8, 1976 Page 4 DISCUSSION Contd. Res. Approving Todd's Rainier Vista being Planning Dept. File #MF -76 -2 -Sub., subject to condi- tions of the pre- liminary plat Contd. Administration report re: items in Council committees why the Council did not ask him what he was going to use the land for. Councilman Van Dusen asked if these same laws apply to preliminary plats as well as the final plat. Mr. Crumbaugh, audience, stated that the preliminary plat is the working plat and the final plat contains the final plan as adopted from the preliminary plat. Reid Johanson, audience, asked how the public would know the conditions of the final plat. Council President Hill stated that according to the Planning Director this was the preliminary plat and would be worked on for the final plat. Ms. Harris said the Council would have to know what was going to be in the final plat, and they had the right to require the dedication of land to insure the public safety. Al Peiper, audience, stated that even though property is used for one purpose now, if it is sold and the new owner decided he did not like what was on the property he could tear it down and build something else as long as he stayed within the zoning requirements. Ms. Harris said she was trying to visualize what kind of structures could be built on property 50 feet wide and 120 feet long. Frank Todd answered that duplexes could be built on the property. He said that whether this plat is approved or not this land is contemplated to be used it does not require a plat to use it as he said he could get more units on the property if it is not platted. He added that this is not proper zoning and someday the zoning will be changed and then it can be developed to its best use. He stated that he had an economic situation that he had to protect and this is the only way he can think of to protect interests, so whether the plat is approved or not is rather incidental to the question. Ms. Harris said that the legislative body of the City had worked for a number of years on the zoning of this property. Mr. Todd has indicated, she said, that he has contemplated use of the property that may or may not be temporary. She then asked if the applicant wished to state what that intended use was. Mr. Todd replied no. She asked then if it was none of their business to know and he replied that it was none of their business to know. Mr. Todd, addressing the Chairman, stated that the intended use is a form of housing. Councilman Van Dusen said he would like to know what the comprehensive plan people have to say about this application. Mayor Bauch replied that a public hearing will be held next Council meeting. Councilman Traynor stated that Mr. Todd will have to build on the property according to code and zone. He added that in the past he has known a lot of rezone requests approved because of personal wishes. Council President Hill referred to a plan the City Council had about six years previously for the upper side of the road. Mr. Todd stated that the property to the east is zoned R -4 and there are lots of questions that he did not get the answers to. Reid Johanson, audience, said there are large areas of land zoned for apartments. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT PROPOSED RESOLUTION BE ON THE AGENDA FOR THE CITY COUNCIL MEETING TO BE HELD MARCH 15. CARRIED, WITH MS. HARRIS VOTING NO. Mayor Bauch stated that in summary Administration has recommended that the proposed resolution concerning per diem and travel expenses for employees and City officials be considered in the Finance and Personnel Committee and the Nelson Place storm drainage and the purchase of the Independent Water Company be considered in the Public Works Committee. All other items that remained in committee at the end of the year are presently being restudied and will be returned to the City Council when and if action is required. Mayor Bauch stated that when something goes to committee a date should be given to bring it back to the Council otherwise it is considered dead. Mrs. Harris said that she felt the referral of a matter to committee is not final action. She added that the Council has in their Procedures the requirement that committees come back with everything referred to them with a recommendation of "do pass" or "do not pass." MOVED BY TRAYNOR, SECONDED BY PESICKA, THAT COUNCILMAN GARDNER BE EXCUSED FROM THE MEETING. CARRIED. Councilman Gardner left the meet- ing at 10:10 P.M. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 8, 1976 Page 5 DISCUSSION Contd. Administration report re: items in Council committees Contd. Request for approval to attend Seminar Executive Session on March 17, 1976 ADJOURNMENT 10:44 P.M. MOVED BY VAN DUSEN, SECONDED BY MS. PESICKA, THAT THE THREE ITEMS RECOMMENDED BY ADMINISTRATION BE CONSIDERED BY THE RESPECTIVE COMMITTEES AND REPORTED BACK AT THE COUNCIL OF THE WHOLE MEETING ON APRIL 12. CARRIED. Councilman Van Dusen requested approval of the Council to attend the "Management of Time Seminar." He stated the fee would be $16.00. Council President Hill said he thought it would be worthwhile for Councilman Van Dusen to attend and he reminded the Council members that they must request prior approval of the Council if they turn in expense accounts for attendance at seminars and conventions. Councilman Traynor said there is an Executive Session scheduled for March 17 at 8:30 P.M. with Cabot and Dow. He suggested that the meeting be held earlier so a discussion regarding salaries for Department Heads could be held in Executive Session. Council Presi- dent Hill said they would start the Executive Session at 6:30 P.M. so this discussion could take place prior to the 8:30 P.M. meeting with Cabot and Dow. EXECUTIVE SESSION 10:15 P.M. -10:44 P.M. MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, TO MEET IN EXECUTIVE SESSION REGARDING U.S.T.M.E. REPORT BY MAYOR BAUCH. CARRIED, WITH MS. HARRIS VOTING NO. The City Council met in closed session with Mayor Bauch. MOVED BY VAN DUSEN, SECONDED BY MS. PESICKA, THAT THE EXECUTIVE SESSION BE CLOSED. CARRIED. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT THE COMMITTEE OF THE WHOLE MEETING ADJOURN. CARRIED. 4 ez-0 -4-e-t) Norma her, Council Secretary