Loading...
HomeMy WebLinkAbout1976-03-15 Regular MinutesMarch 15, 1976 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall Council Chambers M I N U T E S Mayor Bauch led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. Deputy Clerk Doris Phelps, Planning Director Kjell Stoknes, City Attorney Donald Fleming. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE MARCH 1, 1976 REGULAR MEETING MINUTES BE APPROVED AS PUBLISHED.* Mayor Bauch noted a clarification of the Minutes which was read by the Deputy Clerk. MOVED BY HILL, SECONDED BY MS. PESICKA, TO AMEND THE MOTION THAT THE CLARIFICATION BE ADDED TO THE MINUTES. Councilwoman Harris stated the comments in question made by Councilwoman Pesicka cannot be changed so the clarification should be included in tonight's meeting's Minutes. *SECOND AND MOTION WITHDRAWN. Councilman Van Dusen questioned a vote as noted on Page 8 regarding Alternate #1. Mayor Bauch stated this would indicate that the Motion had failed unanimously since no "yes" votes were recorded and no roll call was taken. *CARRIED. The March 1, 1976 Minutes, Page 11, paragraph 3, should be clarified to include that Public Works Director Steve Hall had not made the state- ment to Councilwoman Pesicka that he disagreed with the zoning. MOVED BY HILL, SECONDED BY SAUL, THAT THE MARCH 1, 1976 SPECIAL MEETING MINUTES BE APPROVED AS PUBLISHED. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS* Councilman Traynor questioned Vouchers #8026 and #8000 in payment for medical supplies to Officer Maxwell. He stated these expenses should be covered by the LEFF Act. Mayor Bauch stated any items not covered by the LEFF pay- ments are to be paid by the City. Mayor Bauch further explained the bills. MOVED BY TRAYNOR, SECONDED BY SAUL, TO DELETE VOUCHERS #8000 AND #8026 UNTIL POLICE CHIEF JOHN SHEETS CAN CLARIFY THAT THESE ITEMS ARE COVERED BY LEFF. CARRIED. Council President Hill questioned Vouchers #8020 and #8021 payable for services of the present City Attorney for 1975 and 1974. He stated he would like the opportunity for the Council to be brought up to date on the events during the next Committee of the Whole meeting. He stated he did not feel it was fair to ask the newly elected Council Members to vote on these without having some explanation. MOVED BY HILL, SECONDED BY VAN DUSEN, TO WITHHOLD VOUCHERS #8020 AND #8021 TO DISCUSS AT THE NEXT COMMITTEE OF THE WHOLE MEETING. Councilwoman Harris stated since our City Attorney is present right now, we can discuss it tonight. Council President Hill stated there are two public hearings on the Agenda tonight along with our other business, and he preferred to discuss this next week. Councilwoman Pesicka stated she had not reviewed those particular Vouchers. Councilman Van Dusen stated he had several questions about the bills and he felt it would take some time to review those costs, amounting to about $12,000. Council- man Traynor stated he was satisfied with the firm's serv- ices, but he stated the new Council Members should be appaised of the Council's actions of the past two years. *CARRIED, WITH GARDNER AND MS. HARRIS VOTING NO. *MOTION AS AMENDED, CARRIED. Current Fund #7982 #8079 Street Fund #8080 #8087 Fed. Rev. Shg. #8088 Water Fund #8089 #8099 Sewer Fund #8100 #8112 W/S Const. #8113 Vouchers #7982 #8113 $27,930.55 406.02 392.66 17,189.06 20,065.00 8.25 Total $65,991.54 TUKWILA CITY COUNCIL MEETING March 14 1976 Page 2 VOUCHER APPROVAL Cont. PUBLIC HEARINGS Request for rezone (R -1 to C -2) for property located in area of Strander Blvd. Southcenter Parkway (Anderson) OLD BUSINESS Schedule meeting to review A E architects' proposals McAbee property appraisal NEW BUSINESS Bicentennial Park projects LID #25 C -37, 38, 39 R -26 LID #26 C -4 R -4 $1,482.72 1,482.72 $734.00 734.00 /50/ Mayor Bauch declared the public hearing open at 7:20 P.M. Adoption of Residence Element of the Comprehensive Plan Planning Director Kjell Stoknes reviewed the process of meeting with the citizens committee and the Planning Commission. Gary Crutchfield, Planning Department, stated that Mrs. Bernhard and Mrs. Van Dusen, present in the audience, were among the members of the citizens committee which was chaired by a member of the Planning Commission. Mayor Bauch called for comments from the audience. Councilman Van Dusen asked if the information covered in the committee was going to be made available to the City Council and the public. Mayor Bauch stated the informa- tion gathered to use with the maps will be available when the maps portion of the update is presented. Kjell Stoknes stated much of the information covered by the committees is available in the Data Inventory and in Planning Department files. No comments for or against the subject were made. Mayor Bauch declared the public hearing closed at 7:26 P.M. Mayor Bauch declared the public hearing open at 7:27 P.M. Kjell Stoknes, Planning Director, reviewed the history of the rezone request and stated the Planning Commission has concurred with the staff report and added condition number 6. The developers agreement should contain all these conditions. Mayor Bauch called for audience com- ments. Councilman Traynor requested that the property location be pointed out on the map. Kjell Stoknes located the site. Mr. Chris Crumbaugh, Segale Business Park, requested the terms and conditions be read. Deputy Clerk Doris Phelps read the information from the staff report. No comments for or against the subject were made. Mayor Bauch declared the public hearing closed at 7:32 P.M. MOVED BY HILL, SECONDED BY MS. PESICKA, TO SCHEDULE MARCH 29, 1976 AS A COMMITTEE OF THE WHOLE MEETING TO CONSIDER A E PROPOSALS AT 7:00 P.M. CARRIED. Mayor Bauch stated he requested this item on the Agenda. Council President Hill pointed the area out on the map and read the cover letter from Ballaine Halliday, the firm submitting the appraisal for all parcels in the amount of $106,150. MOVED BY HILL, SECONDED BY VAN DUSEN, TO ADD THIS ITEM TO THE MARCH 29 COMMITTEE OF THE WHOLE MEETING AGENDA. CARRIED. Mayor Bauch read from the February, 1976 Bicentennial Proclamations newsletter, a copy of which is on file in the Clerk's office. The requests for City participation in the park projects were discussed (grass, fencing and TUKWILA CITY COUNCIL MEETING March 14 1976 Page 3 NEW BUSINESS Cont. Bicentennial projects Cont. Formal Motion 76 -3, Declaring intent to adopt Residence Element as part of the Comprehensive Plan Formal Motion 76 -4, Designating alternate member to the Metro Sewer Advisory Committee SECOND READING OF ORDINANCE Ord. 964, Adopting Park Open Space Plan Capital Improve- ment Program as part of the Comp- rehensive Plan repealing Ord. 546 benches). Councilman Van Dusen stated there should be some form of recognition for all those who have donated time and materials to these Bicentennial projects and for work on the cabin. Mr. Frank Todd stated he had donated the cedar shakes for the cabin and he would like to have some kind of receipt for income tax purposes others might need one too. Councilman Saul stated he needed authorization from the City Council before the grass and grading work can be done. It is our intent to get as much volunteer labor as we can. MOVED BY TRAYNOR, SECONDED BY HILL, TO AUTHORIZE MONEY OUT OF THE BICENTENNIAL COMMITTEE FUNDS FOR GRASS AND RELATED MATERIALS IN THE PARK. CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, TO AUTHORIZE COUNCILMAN SAUL TO EXPEND UP TO $500 FOR FENCING FOR THE BICENTENNIAL PARK. CARRIED. Mayor Bauch stated this item was prepared as information only as part of the public hearing documents. MOVED BY HILL, SECONDED BY MS. PESICKA, TO PLACE THIS ITEM ON THE MARCH 22, 1976 COMMITTEE OF THE WHOLE AGENDA FOR DISCUSS- ION AND PUBLIC INPUT. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT FORMAL MOTION 76 -4 BE READ IN ITS ENTIRETY. CARRIED. Deputy Clerk Doris Phelps read the Motion. MOVED BY HILL, SECONDED BY TRAYNOR, THAT FORMAL MOTION 76 -4 BE ADOPTED AS READ. CARRIED. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. City Attorney Fleming read proposed ordinance of the City of Tukwila relating to Comprehensive Planning, Adopting a Park and Open Space Program (including a Capital Improvement Pro- gram) for the City, declaring said Program to be an ele- ment of the Comprehensive Plan and repealing the former Comprehensive Park and Recreation Plan, prepared by the firm of Olsen, Richert Bignold, as passed by City of Tukwila Ordinance Number 546, by title only. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT ORDINANCE 964 BE ADOPTED AS READ.* Councilwoman Harris stated the City Council had determined when the present Park Plan was in need of updating, it would be a process of amending the Plan not repealing it, although the Council's specific authorization to the Planning Department may not have been clear on that. She stated she did not want to repeal the present Plan because there are some things that we can still use even though much has been carried over to the new Plan. Councilman Traynor asked Councilwoman Harris to be more specific as to which parts of the present Plan should not be repealed. Councilwoman Harris stated she would like to have the pre- sent Plan amended rather than repealed. It met at that time all of the requirements for the Forward Thrust funds for parks and she would like to see Olsen, Richert Big nold's basic plan expanded by this new Plan as an amend- ment. Councilman Van Dusen disagreed, stating the new Plan takes out the civic center, the city hall, the main- tenance facilities, etc. which no longer apply. This new Plan was compiled with a large degree of citizen input as well, which he felt was important. TUKWILA CITY COUNCIL MEETING March 15, 1976 Page 4 SECOND READING OF ORDINANCE Cont. Ord. 964 Cont. FIRST READING OF ORDINANCE RESOLUTIONS Reso. 519, Authorizing Mayor to execute agree- ment for banking services with Peoples National Bank of Washington IC Mr. Chris Crumbaugh, Segale Business Park, stated he hoped the bike trail along Southcenter Parkway would not be utilized until some improvements are made due to the heavy commercial traffic in the area. The Council re- ferred to Page 51 of the Plan to review this project. Councilwoman Pesicka stated that by adopting this Plan, we are not automatically making all these projects effec- tive although hopefully, all the projects can be accom- plished. Kjell Stoknes stated the project appears here as an intention to develop a right -of -way for bikers. Discussion continued. Mayor Bauch questioned the procedure to amend or repeal the present Plan. Attorney Fleming stated an amendment would be appropriate if you are saving some of the ele- ments of the original Plan. With this new Plan, we are making some additions and some changes. Repealing the present Plan is a complete action and it may not be the intent to do that. Kjell Stoknes stated the intent as the Planning Department understood it was to replace the original Plan. We threw out the public facilities element from the original Plan. We feel it is important that the Capital Improvement Program be adopted. Whether the pre- sent Plan is amended or repealed makes no difference from a planning aspect. Councilwoman Pesicka stated if the funding proposals are due April 1 for the Christianson Rd. project, then it is necessary to pass this Plan. Councilman Traynorstated he felt the important elements of the old Plan are incorpor- ated into the new Plan. *CARRIED, WITH MS. HARRIS VOTING NO. Proposed ordinance, Mayor Bauch stated this ordinance was prepared as part Reclassifying of the information for the public hearing and was not property located intended as part of the Agenda. MOVED BY TRAYNOR, on West side of SECONDED BY SAUL, TO PLACE THIS ITEM ON THE NEXT REGULAR Southcenter Park- COUNCIL MEETING'S AGENDA. CARRIED. way approximately 1,000 ft. South of Strander Blvd. from R -1 to C -2 (Anderson) MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Attorney Fleming read proposed resolution authorizing Mayor to negotiate an agreement with Peoples National Bank of Washington to provide banking services, by title only. MOVED BY HILL, SECONDED BY SAUL, TO ADOPT RESOLUTION 519 AS READ. CARRIED. TRAYNOR, THAT THIS BE Proposed resolution, MOVED BY PESICKA, SECONDED BY Approving Todd's READ BY TITLE ONLY.* Rainier Vista being Planning Councilman Traynor: Maybe this isn't the right time to Dept. File #MF- bring this up, maybe it should be brought up at the time 76 -2 -Sub., sub- when whether we adopt it or not. I guess what I'm more ject to conditions concerned about is the procedure on this thing is that of the preliminary I for one feel that this plat should be returned to the plat applicant and have it brought up, in regards to the roads, brought up to City standards which is 50 foot. And the reason I am saying 50 foot over the 35, I took a good look at the street I live on which is 50 foot now, not TUKWILA CITY COUNCIL MEETING March 15 1976 Page 5 RESOLUTIONS Cont. Proposed reso., Todd's Rainier Vista Cont. Mayor Bauch: Councilman Saul: Mayor Bauch: Councilwoman Pesicka: Mayor Bauch: Councilwoman Harris: Mayor Bauch: Councilwoman Harris: Councilman Van Dusen: Councilwoman Harris: Council President Hill: Mayor Bauch: Attorney Fleming: just the pavement the whole right -of -way, and right now when you get cars on both sides, it's crowded. And I can imagine what a 34 foot, even a 34 foot wide road would be. But I'm not sure of the procedure and when I should bring up this item whether I should do it now for the second reading of the resolution or for the final adoption of it, but I strongly feel that this should be returned to the applicant and have the plat brought up. It is my understanding from Mr. Stoknes of the Planning Department and as he outlined the procedure for filing a preliminary plat, that if you are going to reject this resolution, deny the resolution, you have to do it at a public hearing. So if you want that option open to you, then it's my understanding you'd have to set a public hearing to consider this resolution if you want that option to reject. How do you know this tonight if you don't vote? You either vote yes or you don't vote. How will you know ahead of time how we're going to vote? It doesn't make sense. Well, this is the way that my advice from the Revised Code of Washington has been set up. I have some questions regarding Parliamentary procedure. I'd like to, I know we have a motion and a second, is it proper to ask for a recess to review the law on that part- icular matter to vote yes now or later. I would like to reread that do we make a motion to lay it on the table or what's the proper procedure. I would like to have an opportunity to look into that legal point. A motion to recess is always in order. Is it? Then I would move to recess for ten minutes so that we can do that with our City Attorney. Well, no, let's bring that out right now. Well, then, he can announce after we reconvene what the I'll second the motion to recess for ten minutes. Motion to recess carried with Councilman Van Dusen voting no. The meeting recessed from 8:22 P.M. to 8:37 P.M. Mayor Bauch called the meeting back to order with all Council Members present as previously listed. Will the City Attorney give us an interpretation of the R.C.W.? Yes, thank you Mr. Mayor. The State law requires that the City Council at this time if it is going to approve the preliminary plat, it may do so. If it's going to approve the recommendation, it may do so without setting another public hearing. However, R.C.W. 58.17.100 and .110 require that if there is going to be any modification or any changes made in the preliminary plat, that the Council should not do that tonight, it should determine if that is going to be done, but a date must be set in the future for a public hearing and the applicant must have an opportunity to be prepared and to present evidence and pre sent his arguments in favor and the matter must be held TUKWILA CITY COUNCIL MEETING March 14' 1976 Page 6 RESOLUTIONS Cont. Proposed reso., Todd's Rainier Vista Cont. Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: Attorney Fleming: Frank Todd: Attorney Fleming: Frank Todd: Any questions of the Attorney? I have one. Mr. Todd? �oS in an open public hearing. So my recommendation is that you determine whether or not there are some objections or if there are any changes that the Council believes should be made in this preliminary plat and if so, you do not make the changes tonight, you set a public hearing and do it then. Are you saying then, Mr. Fleming, that we go into the public hearing with a pre- determined conclusion on the part of each Council Member that suggests changes in this thing? They're going to state their opinion here tonight and vote on it, or maybe perhaps they are not going to vote on it, but they are going to state their reasons for recommending changes and then are they going to vote in the hearing or are they not going to listen to the argu- ments. Well, no, I would understand that the City Council would sit in the public hearing, would be advised by the evi- dence, the facts that are presented at the public hearing. I don't believe anyone would make up his mind ahead of hearing that evidence or considering the facts. If it is the intent of any member of this Council to alter the recommendations of the Planning Commission, it seems to me it's pretty obvious that they intend to alter the facts and stand on that tonight without hearing any of it. Well, I think we're getting into the mechanics now, Mr. Todd, but I first heard the discussion of some of the Councilmen who had some technical questions about the plat, and it seems obvious that the State law is designed to accommodate the most efficient, orderly and reasonable decision making and they should refer this back, for example, if it's aquestion about the road, then the Coun- cil would direct the Planning Commission and the staff to study that carefully and come back prepared with specific facts after the hearing. And also give you the oppor- tunity at the same time to come in with facts as you see them and then if there is a dispute, then the Council will make up its mind. But I don't think anyone will make up his mind ahead of time. I think that regarding the width of the street the legal demands of the City can make on me as far as the widths of the streets are concerned are at issue here, and now I'm told by staff,the people in charge of these various departments who control these contingencies, to do one thing that I can do on this and then a Councilman comes in here and says he looks out of his window and determines the streets are too narrow because the one is too narrow in front of his house, he's going to have to recite for me the T.M.C. that backs him on his position certainly not his personal opinion can't enter into this plat approval or rejection. I think it has to be in accord- ance with the law. And the plat was drawn by a profess- ional engineer and he knows the law. I just don't think that, I think if there's going to be an argument it won't be technical, it will be a legal argument. TUKWILA CITY COUNCIL MEETING March 15 1976 Page 7 RESOLUTIONS Cont. Proposed reso., Todd's Rainier Vista Cont. Mayor Bauch: Councilwoman Harris: Attorney Fleming: Councilwoman Pesicka: Attorney Fleming: Councilwoman Pesicka: Attorney Fleming: Councilwoman Pesicka: Attorney Fleming: Councilwoman Pesicka: Attorney Fleming: Councilwoman Pesicka: Attorney Fleming: Attorney Fleming: Well, Mr. Mayor, I presume that both the City Attorney and the City engineer and the City planner will be better prepared at the meeting after studying this problem. Any other questions from the table? Yes, Mr. Mayor, I would like to direct a question to the City Attorney about the items that would be the proposed changes. Should they be made known this evening so that when the staff can do the necessary work and if so, should they be made in the form of a motion specifically outlining these questions to be discussed at the public hearing? Yes, I think it would be appropriate to advise both the City planner and to advise the applicant in all fairness as candidly as possible I believe so that everyone under- stands what the thinking is or what the questions are that are being raised, but it must be returned to the Planning body for further work and further study and development. I had a question of the City Attorney, too. I'm not real well versed in this type of thing, so would you explain the difference between a preliminary plat and a regular plat or is there one or what is the difference. Well, with a final plat you mean? Yeah. It's a little different than that. /s"0 Well, there's often quite a big difference. A preliminary plat doesn't contain much of the detail that must be pre- cise and must be final and you may have a good point here that a preliminary plat I don't have a point at all. I'm trying to understand. Well, a preliminary plat doesn't necessarily contain all of the final detail and the engineering, the distances, the surveys and all of the detail that is required by law doesn't have to be in the preliminary plat. So if this preliminary plat weren't approved, we wouldn't be bound by the boundaries in it. Is that what you're saying? Well, I would think that if you approved a preliminary plat that the items that you might be in a difficult position later to make changes in what you have already approved. For example, I assume that the preliminary plat,and I haven't yet read it, I assume that it must have some width of streets. Well if you approve that plat, it isn't fair to come back to the developer or the applicant later and say, well, we've changed our minds we think you ought to have a wider street. That wouldn't be very fair. So I gather that what you're asking is if it's necessary to consider the preliminary plat as an important plat. Well, no, what I was trying get is in horse trading, somebody names a price and it's just a starting price for working back and forth and that's not the case here, is that what you're saying? TUKWILA CITY COUNCIL MEETING March 15 1976 Page 8 RESOLUTIONS Cont. Proposed reso., Todd's Rainier Vista Cont. Mayor Bauch: Councilman Saul: Mayor Bauch: Councilman Saul: Mayor Bauch: Councilman Traynor: Councilman Saul: Mayor Bauch: Councilwoman Harris: Mayor Bauch: Kjell Stoknes: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: /E Mayor Bauch: Mr. Stoknes? Kjell Stoknes: To add just a little bit to that. A pre- liminary plat should take care of all the controversial items. It should take care of all of those surface items that you can see. The lot lines should be very well fixed, the street widths should be established, the fact that the utilities should be to City standards or not should be established, the width of the road, the construc- tion to City standards should be established so that the applicant can go back to his engineer and say, I want you to give me the final drawings in this plat including all the underground work, the specifications on the roads, everything, so I can take it back to the City Council for final approval and get on with it. The pre- liminary plat is the one that generally has a public hear- ing and the final one should merely be the applicant following through on the Council's instructions. If he does, the Council should just give a rubber stamp to it and say, go to work. Any other discussion? We got a motion? Yes, we have a motion on the floor. Is there any other discussion. If the motion carries, then that would be to read the resolution and then you would have it on the floor. If the motion fails, then you would be able to set a date for a public hearing to consider any other matters that you want to instruct Mr. Todd. I call for the question. The question has been called. All those in favor of the motion, signify by saying aye. (No response.) Opposed? (Council Members responded with no's.) Motion carries, I mean, motion fails. I'll make a motion to set a public hearing for the 5th of April to discuss the recommendations set forth by staff on the stipulations to go along with the preliminary plat.* Second. A motion has been made to set April 5th for a public hearing for considering the amendments to the preliminary plat by the Council. Moved and seconded. Is there any discussion? Does that meet our time requirement for advance notice? The 15 days? There's three weeks because of the extra week. State law requires ten days unless we have a local ordinance more restrictive than that. (Counting) We have over 20 days. Mr. Mayor? Mr. Todd. You leave me in an utter state of confusion with this procedure you're using. What I want to know and it hasn't been answered yet is what objections specifically does this Council have to the plat that was approved by the Planning Commission. Somebody is going to have to tell TUKWILA CITY COUNCIL MEETING March is 1976 Page 9 RESOLUTIONS Cont. Proposed reso., Todd's Rainier Vista Cont. Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch: Kjell Stoknes: Council President Hill: Attorney Fleming: I can't answer that. Mr. Stoknes? S 08 me something to prepare my defense, if you will. And I haven't heard anybody say anything except Mr. Traynor and what he said just can't be applicable to this situation. Mr. Todd, we have been advised to hold a public hearing. A public hearing has been set. Well, what is the public hearing going to accomplish other than to hear from the Councilmen that have some objections to the original plat? They're going to hear recommendations for changing to the preliminary plat and reasons for or against changing. Well, then, maybe I should pose this question tonight to you if I may have your permission to ask the City Attorney what position does this put the applicant in with regard to imposition of further complicating res- trictions on this plat by the Council. How do I defend it? Are you asking that question of myself or of the Well, if you don't know the answer then ask the attorney, maybe he'll know. Well, the answer is that the public hearing will determine what it Who's going to testify at the public hearing? They've had a public hearing and the thing has been approved as a result of that, with three stipulations. Now when we have our next public hearing, does that mean that the Council is going to come out here in the audience and speak against this thing or for or whatever they're try- ing to promote? It's obviously a promotion, an effort to try to kill the whole thing. But, how do I rebut input from the Council that night when you are going to make up your mind obviously from your own testimony, the positions of which I think we have a feeling on now. We're stuck in a procedural dilemma here because State law says we can't make a change to the Planning Commission's recommendation which means if they recommend approval, you can't put new conditions on or deny it without having a public hearing. So far we have had one public meeting prior to tonight. Tonight is the second public meeting and those are unpublished. Public hearing meetings it has to be published and it sounds to me like the Council is saying, we're gonna make some changes to it but it hasn't yet committed to what type of changes, whether it means more conditions, modifications to it or an outright re- jection. And the attempt here is to comply with the State law which I agree, it leaves the applicant uncertain as to what's going to happen for another three weeks. But it's one of those State law procedural things. I was wondering of Mr. Fleming, you made a statement that the objections that the Council has at this time should be made public so that the applicant could then come up with a defense for the public hearing. Is that the state- ment you made or did I misunderstand you? I think you certainly could, Mr. Hill, and I think to be fair with an applicant if there are some reservations on TUKWILA CITY COUNCIL MEETING March 1976 Page 10 RESOLUTIONS Cont. Proposed reso., Todd's Rainier Vista Cont. Councilman Saul: Mayor Bauch: Frank Todd: Mayor Bauch: Councilman Saul: Mayor Bauch: Councilman Van Dusen: Mayor Bauch: Kjell Stoknes: Councilman Van Dusen: Kjell Stoknes: i So the part of the Council or if there are any technical problems that some people see, I see nothing wrong with advising him or having him be prepared on that. It cer- tainly would enhance the quality of the next public hearing. I'd like to say what I think about it. Obviously, there's only one thing and that's narrow streets and it was stated that upon the opinion of the Planning Department that he went ahead and had his engineer draw this according to what City standards were. Well, I debate that the Planning Department would advise anybody to put in 35 foot streets. We've had a situation like this in the past and the past mayor knows this where we had streets very similar to that before and we ran into nothing but problems. I think for the City to do that twice in a row would be foolish, to jump into little streets like that again. That's what I'm looking at and that's what the Planning Department and Planning Commission should be looking at is the width of those streets with no turn around and no way to get in and out except back in or back out. Mr. Todd, will you please wait to be recognized. Mr. Mayor, I haven't said anything yet. Excuse me if I interrupted the conversation. You're out of order. I guess I won't say any more. Mr. Van Dusen. I think Mr. Todd brought up a question that hasn't been answered about where does it stipulate that we can control him on those streets. Does anybody have the answer on that? Mr. Stoknes? Thank you. The subdivision ordinance of Tukwila has two separate sections in there. One deals with roadway. It calls for basically a 34 foot roadway section with an open ditch included in that. We also have a section in there that says 50 foot right -of -way is required in a residential subdivision. The key is no where in there does it say that a subdivision has to dedicate public right -of -way. Now that's the fundamental question. The recommendation the Planning Commission passed along, they didn't say it, but their assumption was that we can't require a dedicated 50 foot right -of -way because it doesn't say so. I think you can interpret it both ways. You heard from the assistant attorney two weeks ago who said, yes you can require that 50 foot dedicated right -of -way. At this point, this is your decision now to deal with. If you say that you can require a 50 foot dedicated right of -way, that sets a pattern for the future. All subdivi- sions must provide public right -of -way unless you specify individually why this is a unique situation. But, basic- ally, it sets the trend. But that's the key can you or can you not require a public dedication and you can interpret it either way you want. What we really need, I think, is an ordinance stating that. Now you have the ordinance stating it. What you have is a dilemma on the interpretation of it. TUKWILA CITY COUNCIL MEETING March 1% 1976 Page 11 RESOLUTIONS Cont. Proposed reso., Todd's Rainier Vista Cont. Councilman Van Dusen: Kjell Stoknes: Councilman Van Dusen: Kjell Stoknes: Mayor Bauch: Mr. Traynor? Mayor Bauch: Councilman Van Dusen: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch: Councilwoman Harris: /s 7c Councilman Van Dusen: Okay, what we need is a clarifica- tion of the ordinance. Kjell Stoknes: You have the power to do that by action just by deciding whether or not you want the dedication or not. That is what sets it for the future. That becomes the interpretation of your ordinance and it's just as valid as law. Yeah, but it always gets into the problem of we can re- quire it here but next time we won't require it. Then you would be subject to a law suit. That's what I'm alluding to. You should be consistent once you act. I may be out of order by saying this much. Maybe it's Mr. Fleming who should be saying this. Councilman Traynor: I think Mr. Stoknes has said the key words that it sets a precedent and it's like our 90 foot signs down there where once we got the one, we got three. The Council set a precedent that we would allow 90 foot signs and all of the sudden we got three. So if we allow a 30 foot road, we're going to have lots of them. If he doesn't want to put in a standard size street then why plat? I mean, it's going to be a private road and he's going to put some development in there, then why plat? Canyon Estates did not plat their inner roads. Mr. Van Dusen. I would agree with what Skip says and I believe what we have to do is make that consistent 50 foot by ordinance for clarification. Mr. Mayor. May I speak? Mr. Todd? To the subject of consistency there are all kinds of examples in this town inconsistent with T.M.C. and I'm addressing myself especially to streets and I can name you five of them just boom, boom, boom, like that. Several of them are private streets or were. Several of them have been cut pretty thin but they're still private roadways in Tukwila under private ownership that are only 20 feet wide. And I think the precedent has already been established. Now if you're going to be arbitrary and capricious in this case, then I'm going to be, you know, do what I have to do to straighten it out. The only person it will make happy is Mr. Fleming. Any other discussion? Mrs. Harris. Since I have been sitting on the Council, this is the second time that I can remember considering a plat. And I can only address myself to prior experience of consid- eration on the plat itself. It seems that we are charged as the legislative body to consider the health, safety and welfare of the people living in this 2.5 acres as well as the total community. I agree with Mr. Traynor very def- initely about the streets. We do have the Tukwila Code which requires a right -of -way of 50 feet and we have another Tukwila Code stating a 20 foot paved with 7 foot shoulder on each side. We also have the authority to, as TUKWILA CITY COUNCIL MEETING March 15 1976 Page 12 RESOLUTIONS Cont. Proposed reso., Todd's Rainier Vista Cont. Mayor Bauch: Councilman Traynor: Mr. Mayor, we have a motion on the table already. Mayor Bauch: Councilman Traynor: Oh, I thought she made another motion. Mayor Bauch: Councilman Traynor: Oh, I see. Okay. Doris Phelps: Mayor Bauch: Councilwoman Harris: Mayor Bauch: Councilwoman Harris: Mayor Bauch: Councilman Saul: Councilman Van Dusen: Kjell Stoknes: Councilman Van Dusen: Kjell Stoknes: Councilman Van Dusen: Kjell Stoknes: a condition of the subdivision approval, require the dedi- cation of land to this public body for that 50 foot right of -way. And also in the same interests, we have I should think the same authority to require the construction to City standards of all of the utilities involved and the dedication of those utilities to the City of Tukwila. Therefore, I would move that the change to the Planning Commission's recommendations that would be considered at the public hearing on April 15 that the City Council address itself to the issue of requiring a 50 foot right of -way on each street proposed in the plat in accordance with T.M.C. 17.08.010 (1).* *That's one and I've got some other I think, this is not in the motion, Doris, some other proposed things should be considered and I think they should be separate motions. Do we have a second? No, we don't. We're in discussion. We have this motion now here to require in the public hearing to consider the 50 foot right -of -way. Mr. Mayor, the motion to set the public hearing date was not voted upon. Well, all right Am I out of order? You're out of order. I stand corrected. *I'11 withdraw my motion. We're on setting the public hearing date of April 5th, the motion was never voted upon. Is there any more discussion? Question. Go ahead. I guess I'm kind of confused. I guess I want an outline of where we stand, where were going to go after this public hearing and what we're going to do in this public hearing. Can anybody tell me that? I can tell you what the State law says. How about paraphrasing it? Before you can actually do the action, yeah. I'm sorry. The public hearing, you can change the Planning Commiss- ion's recommendations by adding new conditions to it, which could include a 50 foot right -of -way. You can add that condition to it and include any other conditions to it and approve it or you could deny it and state your reasons for denying it. But we are to wait until the public hearing before we lay this all out? TUKWILA CITY COUNCIL MEETING March 15 1976 Page 13 RESOLUTIONS Cont. Proposed reso., Todd's Rainier Vista Cont. Councilman Van Dusen: Kjell Stoknes: Councilman Van Dusen: Mayor Bauch: Councilman Saul: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch Frank Todd: Mayor Bauch: /S7 Actually you can consider the request of the applicant as it is. If there are things in that that you don't like, I should leave it to Mr. Fleming to say whether you can put conditions on it to change the Planning Commission's recommendations. If you make it a 50 foot right -of -way dedication, can you approve that without the applicant first amending his plat, preliminary plat. Technically, he is not before you with that. Okay, where do we go from there? Do we go to another "yes" or "no" or else. Well, that's a question I don't know. It goes back to your two readings of resolutions to approve. If you need to introduce a new resolution, can you introduce it as a substitute and pass it that night or does it take a new resolution? I don't know. This is a technical question. Oh, I don't know, it seems like we're just stretching something out here too far. Any further discussion on the April 5 public hearing? Question. Question has been called. All those in favor of schedul- ing a public hearing for April 5 to consider this sub- division, signify by saying aye. Council Members stated several "ayes Opposed? Council President Hill voted "no *Motion carries. Mr. Mayor? It seems to me rather presumptuous to set a public hearing before you determine you are in disagree- ment with the preliminary plat as recommended by the Planning Commission. I just don't follow this routine. Excuse me, I might be the one mixed up. I feel based on the instructions of the City Attorney, the Council took the proper action. I haven't seen any formal action taken You've just seen it taken. to change the Planning Commission's recommendations. You've just seen it taken, Mr. Todd. Any other No, I don't think I have, Mr. Mayor, I think you're out of order. Mr. Todd, you're out of order and I'll ask you to leave if you continue this type of outburst. Are you asking me to leave now? If you don't stay in order, you can leave. Are you asking me to leave, your honor? Are you going to stay in order? I think I've been in order. I've been in order for about two years here. All right, then I would ask you to leave, Mr. Todd. You're asking me to leave? I have that right. TUKWILA CITY COUNCIL MEETING March 15 1976 Page 14 RESOLUTIONS Cont. Proposed reso., Todd's Rainier Vista Cont. Frank Todd: Mayor Bauch: Councilwoman Harris: Mayor Bauch: Councilwoman Harris: Mayor Bauch: Councilman Traynor: I'll second it. Mayor Bauch: Councilman Traynor: Yes. Mayor Bauch: Councilman Traynor: Is it possible to make an amendment to that motion to add and also discuss other items that the Planning Commission did not take action on regarding the recommendations from the staff? Mayor Bauch: Councilman Traynor: I'll make a motion that we also consider the Mayor Bauch: Councilman Traynor: I'd like to amend her motion to also add that those items that staff had recommended which were not considered by the Planning Commission. Councilman Saul: Mayor Bauch: Council President Hill: Mayor Buach: Council President Hill: Mayor Bauch: Chris Crumbuagh: /S/3 Frank Todd: All right, are you asking me to leave yes or no? Mayor Bauch: Yes, you're out of order and I'm asking you to leave. All right, thanks, your honor. (Mr. Todd left the meeting) Any other action on this item? Mrs. Harris? Yes, thank you, Mr. Mayor. I will re- introduce my motion. At the public hearing of April 5 concerning this matter, one of the changes to be considered will be the require- ment of and dedication of a 50 foot right -of -way on each street of this plat which would be in accordance with T.M.C. 17.08.010 (1).* Is that the end? Yes. Is there a second? The motion has been moved and seconded. Any questions? Mr. Traynor? Yes, an amendment is always in order. Amend her motion. Second. It's been moved and seconded to amend the motion to add that you consider those items that were recommended by staff but not considered by the Planning Commission. Any discussion on the amendment? Now this, your honor, are we just taking all the recommen- dations or are we still going to have to list in other words, Well, it would be my interpretation would be it included them all in now. You're saying to consider all of them instead of just one. That's right, to consider them all. Mr. Crumbaugh. I just have a question on it and maybe your City Attorney can answer. I was just wondering about whether you should take action after the, I know it's an unfortunate circumstance when the applicant just left, but take action without the applicant being here. TUKWILA CITY COUNCIL MEETING March 15 1976 Page 15 RESOLUTIONS Cont. Proposed reso., Todd's Rainier Vista Cont. Councilman Saul: Mayor Bauch: Councilman Saul: Mayor Bauch: Reso. 520, Authorizing Mayor to execute an agreement with King County for soils testing Proposed reso., Authorizing Mayor to negotiate and execute agreement with LeSourd, Patten, Fleming Hartung for legal services as City Attorney Proposed reso., Authorizing Mayor to execute an agreement with Renton Area Youth Services (RAYS) DEPARTMENT REPORTS City Treasurer's monthly investment report Mayor's Report Call for the question. Question. End ver batim transcript. Mayor Bauch: The, all items stated here are a matter of public record and they will be available to any and all persons. Question on the amendment. All those in favor of the amendment, signify by saying aye. Several Council Members voted "aye Opposed? Councilman Van Dusen voted "no *The amendment is carried. Any further questions on the main motion? Question's on the motion as amended been called. All those in favor, signify by saying aye. Several Council Members voted "aye Opposed? Councilman Van Dusen voted "no *Motion carries. Agenda item 10.c. MOVED BY HILL, SECONDED BY TRAYNOR, THAT PROPOSED RESOLU- TION BE READ BY TITLE ONLY. CARRIED. City Attorney Fleming read proposed resolution authorizing the Mayor and the Public Works Director to execute an agreement with King County Department of Public Works for soils and materials testing services, by title only. MOVED BY HILL, SECONDED BY SAUL, THAT RESOLUTION 520 BE ADOPTED AS READ. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Fleming read proposed resolu- tion authorizing Mayor to negotiate and execute an agree- ment with LeSourd, Patten, Fleming Hartung for compensa- tion for legal services rendered, and also read attached compensation agreement. MOVED BY HILL, SECONDED BY TRAYNOR, THAT PROPOSED RESOLUTION BE REFERRED TO THE MARCH 22, 1976 COMMITTEE OF THE WHOLE MEETING. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT PROPOSED RESOLU- TION BE READ. CARRIED. Attorney Fleming read proposed resolution authorizing the Mayor to execute an agreement with the Renton Area Youth Services to provide certain social services. Mayor Bauch stated this is the first reading of the resolution and the agreement to be attached is not yet available. He stated he is currently negotiat- ing with RAYS and others to determine the level of funding which will be approximately $5,000 with half of that amount on a referral retainer -type basis and the remainder for counseling area residents at $20 per hour. He stated the agreement should arrive this week. MOVED BY MS. HARRIS, SECONDED BY MS. PESICKA, TO REFER PROPOSED RESOLUTION TO THE MARCH 22 COMMITTEE OF THE WHOLE MEETING. CARRIED. Mayor Bauch reviewed the investment report for the month of February with investments sold $1,100,000, investments purchased $1,595,000 and interest income $18,230. Mayor Bauch reported the additional space authorized in the budget for the Police Department has been investigated and we have decided to lease a trailer for office space at $175 per month. It is located behind the existing Court /Treasurer trailer. Mayor Bauch stated negotiations with Mr. Desimone are going on but we still have not been able to agree upon an appraiser, but this may be resolved next week when Mr. Desimone returns from out of town. TUKWILA CITY COUNCIL MEETING March 1,5 1976 Page 16 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Incorrect address Bicentennial cookbook Ver batim transcript request City of Tukwila vs. Metropolitan Life Terrace Apts. Street ordinance Councilman Traynor stated he objected to having mail come to City officials from King County agencies addressed to City of Tukwila, Seattle, Washington rather than to City of Tukwila, Tukwila, Washington. Councilman Saul reported the progress of the cookbook with the help in its preparation from citizens and students. We are now ready for printing but the paper for the 250 copies will cost about $700 and we don't know what the cost for actual printing will be yet. He stated the cost of the paper and printing will be returned to the City through the sales of the cookbook but at this time there is only $600 in the Bicentennial Committee's own bank account. Councilman Traynor related his success in selling the belt buckles and suggested more be sold to raise funds for the paper and printing costs. Mayor Bauch stated it was the intent of the City Council that all expenditures for Bicentennial costs be approved by the Council before any is expended. Councilwoman Harris questioned if this is an authorized expenditure of the City's funds out of the Revenue Sharing funds. We can anticipate that the books will be sold but we do not know for sure that all of them will be. She requested a legal opinion as to how this might be consider- ed by the State Auditor. Mayor Bauch stated this will not be Revenue Sharing monies but it will come from the gener- al fund. State law does allow cities to fund Bicentennial projects and he felt the cookbooks would be an authorized project. Councilwoman Harris stated by going into the production of selling the cookbooks, the City will be going into competition with private enterprise. Council- man Saul disagreed. Councilwoman Pesicka asked if it would be proper for the City to deposit the amount necess- ary for the cookbook into the Bicentennial account. Councilman Van Dusen stated since the Bicentennial was provided funding through the budget for 1976, he felt the Council could approve this expenditure. Kjell Stoknes Planning Director, stated the funds coming back to the City from the sale of the cookbook into the general fund should be distributed to the Bicentennial Committee as revenue. MOVED BY SAUL, SECONDED BY MS. PESICKA, TO APPROVE AN EXPENDITURE FOR THE BICENTENNIAL COMMITTEE FOR THE COOKBOOK IN THE AMOUNT OF $1,500 FOR PRINTING AND PURCHASING PAPER. CARRIED. Mrs. Joanne Davis requested the Council to consider the possibility of having Agenda item 10.b. discussion pub- lished ver batim in the Minutes. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT ALL 10.b. DISCUSSION BE VER BATIM IN THE MINUTES. CARRIED. Attorney Fleming announced a settlement of one of the oldest cases of the City in the amount of $5,500 in pay- ment of the Terrace Apartments law suit dating back to 1965. He stated their firm reviewed the case with the other attorneys in the case and agreed to not go to trial. Mr. Al Pieper requested the City Council to initiate an ordinance stipulating the requirements for a private street in a specific manner and he stated all departments should have input according to their interests. Council- man Traynor stated if the staff feels that there is a need for such an ordinance or resolution, the mechanism is there for such proposals to go from the departments to the administration and then to the City Council. Council- woman Harris stated she supported Mr. Pieper's suggestion and felt that what he was saying is that staff needs the guidelines and policies which can be initiated either at the staff level or at the City Council level. Proper TUKWILA CITY COUNCIL MEETING March 15 1976 Page 17 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Street ordinance local guidelines are necessary to enhance the State law Cont. for the benefit of the City and those dealing with the City. Discussion continued. Mr. Pieper stated the pro- blem exists ultimately for the City Council each time these situations come before the City. Councilwoman Harris stated the ordinance related to all residential development. It is difficult for staff to make decisions on these matters without adequate rules to follow, and the rules should come from the City Council. Mr. Fred Shepherd stated the developer has come in to develop his apartments and has been turned down by the City Council and now it appears it is in the mill to turn down the developer again on the preliminary plat and he did not feel this was right. Mayor Bauch stated the staff is paid to see the problems and to present possible solutions to the City Council and the Council then acts upon the recommendations. Regarding the subject of subdivisions, there are not enough of them in the City of Tukwila to recognize the problems in the legislation and he does not think it is desirable to enact a comprehensive ordinance to take care of one iso- lated problem. Councilman Van Dusen stated the Council can direct the Mayor to get the department heads' ideas at the staff meetings. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT ADMINISTRATION INSTRUCT STAFF TO STUDY THE PROBLEM PRESENTED BY MR. PIEPER. CARRIED. Councilman Gardner stated the Public Works Committee could research with staff ordinances from other cities. Council Presi- dent Hill stated all that is necessary is a clarification of the existing ordinance and zoning codes and this could be accomplished by the Planning Commission. ADJOURNMENT MOVED BY SAUL, SECONDED BY PESICKA, THAT THE CITY COUNCIL 10:05 P.M. MEETING ADJOURN. CARRIED. Zed Edgar D. "such, Mayor Shirlee A. Kinney, Ciiy Clerk„