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HomeMy WebLinkAbout1976-04-12 Committee of the Whole MinutesApril 12, 1976 7:30 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL DISCUSSION Bid Opening procedure rela- ted Council procedures /3 TUKWILA CITY COUNCIL Tukwila City Hall COMMITTEE OF THE WHOLE MEETING Council Chambers M I N U T E S The meeting was called to order by Council President Hill at 7:35 P.M. GARDNER, TRAYNOR, HILL, MS. PESICKA, VAN DUSEN, MS.HARRIS. MOVED BY PESICKA, SECONDED BY VAN DUSEN, THAT THE MINUTES OF THE MARCH 8, MARCH 22, AND MARCH 29, 1976 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED WITH THE DATE ON THE MARCH 29 MINUTES CORRECTED TO MARCH 29, 1976 RATHER THAN APRIL 29, 1976 AS THEY APPEAR.* Councilwoman Harris stated that she thought it unnecessar: to approve the Minutes of the Committee of the Whole Meetings since they are work committee meeting. *CARRIED, WITH GARDNER AND MS. HARRIS VOTING NO. MOVED BY MS. HARRIS, SECONDED BY GARDNER, THAT THE COMMITTEE OF THE WHOLE MINUTES NO LONGER BE APPROVED BY THE COMMITTEE OF THE WHOLE.* Councilman Traynor asked if there was any specific reason the Minutes not be approved. Ms. Harris said the Committee of the Whole Meeting was just a discussion committee meeting and there was no final action taken at the meeting. Ms. Pesicka said the Minutes of the Committee of the Whole Meeting are distributed to the public and if something should be corrected it can be done when the Minutes are approved. *MOTION FAILED, WITH HARRIS AND GARDNER VOTING FOR IT. Councilman Traynor said he would like to have the Council go back to the previous practice of opening bids during the day with Administration present. Council President Hill said in the past bids were opened on a Thursday or Friday by the City Clerk and Mayor, then the concerned Department Heads would review the bids and have them in a detailed report for the City Council to review and be able to see the whole picture. Steve Hall, Director of Public Works said if the bids are opened during working hours they can sometimes get better prices and can save time in opening and evaluating them. He preferred them to be opened during regular working hours. Ms. Harris said she thought the Council's efforts should be to look at the benefit of the public and opening the bids at the Committee of the Whole or City Council Meetings serves the needs of the people in the best possible way. She continued that she thought the people had the right to know what the bids were as they do when they are opened in the evening. Councilman Saul arrived at the meeting at 7:50 P.M. Councilman Saul said he participated in bids with various cities and he has never been asked to come to a night meeting of the City Council for opening of the bids, it has been done during normal work hours. He added he thought it was a waste of time for the Council to sit in the Council Meeting and watch bids being opened. It is much easier for them to see the bids in a comparative re- port. Ms. Harris said she had never heard any hardship expressed when they were opened during the City Council Meeting. Councilman Traynor said he did not recall any hardship expressed when they were opened during the day work hours. Council President Hill said he would suggest the Council refer this matter to the legal attorneys to see if it is proper to delegate the opening of bids to the Mayor and City Clerk during working hours. He continued he felt the Council should show this faith in the City Staff. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 12, 1976 Page 2 DISCUSSION Contd. Bid Opening procedure related Council procedures Contd. Commerce /Industry Element of the Comprehensive Plan Grant procedures proposal from Administration MOVED BY MS. PESICKA, SECONDED BY SAUL, THAT THE MAYOR REFER THE MATTER TO THE LEGAL ATTORNEYS AND GET AN OPINION FROM THEM REGARDING THE OPENING OF BIDS DURING NORMAL WORK HOURS.* Joanne Davis, audience, asked if the Council was going to request at least two City Council Members be present at the opening of bids. Council President Hill stated it would not be requested unless it is necessary when the legal opinion is obtained. *CARRIED, WITH MS. HARRIS VOTING NO. Council President Hill asked Kjell Stoknes to give a brief explanation of the commerce /industry element of the Comprehensive Plan. He explained that the plan is a policy by policy review and would encourage professional offices, retail businesses, and light and heavy industry. Mario Segale, audience, said he sat in on the committee when it was being developed and the thing he had looked at was the way the City Staff had it all mapped out; it did not seem to present any problems and there would be flexibility. Councilman Saul asked if the zoning map corresponded to this plan. Mr. Stoknes, Planning Direc- tor, said that most of the land will share the same in the zoning; there will be more multiple housing shown. Council President Hill said the end result would be a comprehensive land -use map. Mr. Stoknes said plans have been made in stages; the maps are being prepared and will be available very soon. Mayor Bauch stated he had sent to the Council a grant procedure proposal; this procedure was drawn up when he came into office but he felt Administration needs this grant procedure so they will know how to proceed on grants The proposal is a starting point that will help Administr- ation know what the Council wants done with respect to grants. Ms. Harris said the procedure of a grant from start to finish involves a number of steps. It was her thought that in many situations the City Council should authorize the Chief Executive by resolution to apply for grants. She thought there should be approval before a grant is applied for; when the grant money is received the budget has to be amended. Mayor Bauch said the grant procedures proposal would take care of the items mentioned by Ms. Harris. Mayor Bauch said a grant application is an expenditure of money and comes under the direction of the Council; sometimes it regards the hiring of personnel under some of the various programs. Nearly every grant requires matching funds from the City and needs Council approval. Mr. Stoknes, Planning Director, said his personnel did not want to waste time pursuing a grant and looking into it unless they know the Council is interested He added this is the reason the grant proposal is before the Council to see what they want. Ms. Harris said she thought the City should pursue grants as it relieves the City budget. Steve Hall, Director of Public Works, said he would like to apply for grants if the matching funds are budgeted; if the Council is going to say "no" at a later date he did not want to do the footwork. Council President Hill said he felt the Staff should pursue any grants they feel will help the City. He added that the grant procedures proposal that has been presented is good. MOVED BY SAUL, SECONDED BY PESICKA, THAT THE GRANT PROCE- DURES PROPOSAL BE PRESENTED AT THE NEXT MEETING OF THE CITY COUNCIL. CARRIED. Public Works Steve Hall, Director of Public Works, referred to a Director letter drawing on the blackboard and explained the vacation of re: (a) Vaca- So. 143rd Place, L.I.D. #20, explaining there is a 10 foot tion of So. 143rd wide paved alley. Council President Hill said that area L.I.D. #20 is growing up as an industrial area. If trucks, etc., are down there there is no way the City can get by without TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 12, 1976 Page 3 DISCUSSION Contd. Public Works a 50 or 60 foot street. Steve Hall explained that it is Director letter a right -of -way rather than a street; that this informatio: re: (a) Vaca- is being given and it can go back to Public Works. tion of So. 143rd Council President Hill said he was not in favor of buying P1., LID #20 any more alleys that the City cannot get in and out of. Contd. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE SUBJECT BE DROPPED. CARRIED. RECESS MOVED BY PESICKA, SECONDED BY SAUL, THAT THE MEETING 8:50 P.M. -9:00 P.M.RECESS FOR 10 MINUTES. CARRIED. Council President Hill called the meeting back to order with all Council Members present as previously listed. (b) Independent Water Co. /5 Steve Hall, Director of Public Works, stated this matter came out of the Public Works Committee; a resolution came out in August and then another one went back to the Public Works Committee in September. He added that when the matter was being considered a study and later an analysis was made of the Independent Water Co. He said the present resolution has come out of this. Steve Hall pointed out on a wall map the area served by the Independent Water Co. Council President Hill asked how many customers the Independent Water Co. has. Miss Nelson, audience and owner of Independent Water Co., stated it has 26 customers. Councilman Traynor said before the City Council acts on this resolution they should consider the letter from Marshall and Foster they say the City should pay a lot less for this water company ($20,000) than indicated in the resolution ($32,000). He said the Committee ignored the letter in preparing the resolution. Councilman Gardner said that Andy's Diner is a big customer for this company and there are others who might be customers. Miss Nelson, audience, said $20,000 was the minimum suggested by Foster and Marshall. Miss Nelson continued that none of the meters need to be replaced, unless it is desired to change the water measurement. Ms. Pesicka said it was her impress- ion that the water department should be self- supporting and if this acquisition is not will everyone's water rates go up in order to support it. Steve Hall said he did not think it would cause an increase in the monthly billings. Councilman Saul said he would like to see the Department Head's recommendation as to what should be done. Council President Hill said he thought the Council should have some idea of what the value of this acquisi- tion would be to the City. Mayor Bauch said the City is in a position where we have to depend on another company as to what to charge sewer customers. Councilman Traynor said if the City pays anything over $20,000 the Indepen- dent Water Co. is not going to support itself. Miss Nelson, audience, stated Foster and Marshall made their estimate on the present number of customers. She said her company had not raised their rates, although they could make application to do so, and the system is supporting itself. Mrs. Aitmayer, audience, said she thought the City should not buy something based on spec- ulation as to what the number of future customers might be. Mayor Bauch said it was no more speculation than putting in a large sewer for anticipated population growth. Ms. Pesicka said she would like to have Steve Hall, Director of Public Works, prepare a report showing the revenue that would come in from the Independent Water Co. based on Tukwila water rates. MOVED BY MS. PESICKA, SECONDED BY SAUL, THAT THE MATTER BE TABLED UNTIL THE COMMITTEE OF THE WHOLE MEETING ON APRIL 26, 1976 AND CONSIDERATION BE GIVEN AT THAT TIME TO ADDIT- IONAL INFORMATION SUPPLIED BY MR. HALL, DIRECTOR OF PUBLIC WORKS. CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 12, 1976 Page 4 DISCUSSION Contd. (c) Turn- around at So. 158th St. and Nelson P1. Proposed ordinance,Kjell Stoknes, Planning Director, made a blackboard amendment to illustration showing that presently a building can be 75 TMC 18.34.170 feet high but it is restricted to six stories, in the Ord. 251 re: CPR Zone District which is the area Southcenter is in. height number of stories in CPR zone dist. Administrative report: Items in City Council Committees Report from Committees: Finance Per- sonnel Committee re: Per diem/ travel expense ordinance /5 Steve Hall, Director of Public Works, pointed out the area on the wall map that would be involved. He stated the land is presently owned by the State and they want to deed it back to the City. He could not make a recommen- dation on this at present due to legal action that is pending. He added he felt the City needs legal opinion on this matter. Ms. Harris said she is opposed to the City accepting this property until the legal judgment is satisfied. Miss Nelson, audience, stated there has been considerable correspondence between the City, State Highway Department, and herself regarding the matter since about 1963. Ms. Harris said the Council needs a chronological chain of events. Councilman Traynor said he would like copies of all correspondence that has taken place. MOVED BY PESICKA, SECONDED BY TRAYNOR, THAT THIS MATTER BE POSTPONED FOR AN INDEFINITE PERIOD OF TIME. CARRIED. He continued that the Doubletree Inn has asked Planning to modify this, leaving the 75 foot height limitation but taking out the number of stories a building can have. He said the Staff's feeling is that the six story limita- tion punishes a builder and they feel it is a reasonable request. Mrs. Gardner, audience, stated she felt the parking would be over crowded if the Doubletree Inn builds to 8 stories to increase their motel as parking is already limited in the Southcenter shopping area. Mr. Stoknes said they would have to comply with the parking requirement and he added their business is not in the Southcenter parking lot, it is a separate parking area. Mrs. Altmayer, audience, said they would give a compre- hensive and detailed report when they present their re- quest as to how many people come to their restaurant and motel and at what hours and whether or not they come in cars or from the airport in the limousine. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE ON THE AGENDA FOR THE NEXT CITY COUNCIL MEETING. CARRIED, WITH MS. HARRIS VOTING NO. Mayor Bauch stated he did not have any information to present at this time. Councilman Van Dusen stated he noted the Minutes of the April 5, 1976 City Council Regular Meeting had been condensed. Mayor Bauch stated the only condensation had been that all comments of the public hearing on the Preliminary Plat proposal of Todd's Rainier Vista had been placed on file in the City Clerk's office in the form of a court reporter's transcription attached to the original set of Minutes and were available to anyone who would like to look at them. Ms. Harris said she thought the Minutes were too lengthy in terms of man- power to put them out; they are not required to be long. She added she had expressed this to Mayor Bauch and had objected to the Minutes of the Committee of the Whole Meetings being numbered and kept with the Regular Meeting Minutes. Frank Todd, audience, stated that the Minutes of the Regular Meeting held April 5, 1976 did not reflect all of the comments he had made. Mayor Bauch said he had discussed the Minutes with the City Attorney and he had advised him that the tape is official support of the Minutes. He stated that anyone interested can come in and listen to the tape and make a copy if they wish. Councilman Saul said sometimes one subject is discussed for an hour and when it can be condensed to 19 lines he liked it. Councilman Van Dusen said he would not like to see any further condensation. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 12, 1976 Page 5 DISCUSSION Contd. City Quarterly Report Doces sign code revision /s 3 7 Mayor Bauch reported that the City Quarterly Report would be available in a week or 10 days and if the Council wished to have input they could do so. Councilman Van Dusen asked if the City Council should submit input as individuals or as a Council. Mayor Bauch said it could be done either way. Reference was made to the Motion passed in the April 5, 1976 Tukwila City Council Meeting, wherein the Council referred the sign code revision to the Planning Commiss- ion to review with a 60 -day time period to respond. Mayor Bauch stated that based on the action of the City Council he had chosen not to enforce the law with respect to the illegal signs at Doces. Mrs. Altmayer, audience, stated the signs are still up illegally and she felt in view of the motion made at the Council meeting they could be left up for 60 more days; she felt it is abusing the intent of the law. Mayor Bauch said he had a discussion with the Planning Director regarding the letter that had been received from Mr. Doce. His instructions were that the matter be discussed at the next Planning Commission meeting and they come back with a recommendation and action will be taken according to their recommendation. Mrs. Altmayer, audience, requested that as Chairman of the Board of Adjustments, her letter to Council President Hill dated April 10, 1976 be made a part of the Minutes of this meeting. The letter is as follows: "At the April 5, 1976 meeting, which I regrettably was unable to attend, action was taken by the Council which I believe to be not only improper, but also illegal, concerning the two free standing signs erected by Doce's Furniture Co. While I am not without sympathy for the difficul- ties Mr. Doce is experiencing with our evolving city sign code (and I might say Mr. Doce is not alone in his diffi- culty), the facts nevertheless must be addressed and acted upon in a proper manner. As Chairman of the Board of Adjustments, I find it necessary to question the Council's recent action, based on the following facts: Doce's Furniture Co. erected two signs which were in vio- lation of the existing sign code, and appropriate city spokesmen advised them of that fact. Doce's then appeale4 to the Board of Adjustment for a variance. The variance was subsequently denied, and not idly so or without a certain amount of hand wringing; and Doce's was given 90 days to either remove the offending signs or convince the City Council to legislate a sign code that would "legalize" them. It was because of the Board's aware- ness of the lengthy time required to legislate ordinances that they were given the 90 days rather than 1 or 2 or 30 days. In response to inquiries at our March 4 meeting, it was disclosed that no action had been taken by Doce's, and the secretary was instructed to write them a letter of courtesy reminding them of the impending expiration of their time limit. It was on the date of expiration that they applied to the Council for a change in the sign code, and the result was last week's councilmanic action. It is my opinion that the signs remain illegally in place in violation of Sec. 19.32.140A of the Tukwila Municipal Code, and should be removed immediately. It is also my opinion that Doce's Furniture Co., and the City Council is in violation of Ordinance 871 section 18.72.060 as amended October 1974, which states that "The action of the Board of Adjustment in granting or denying the appli- cation for a variance shall be final and conclusive, unless, within 10 days from the date of the action, the original applicant or an adverse party makes an applica- tion to the Superior Court of King County for a writ of certiorari, a writ of prohibition, or a writ of mandamus.' TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 12, 1976 Page 6 DISCUSSION Contd. Doce's sign code To expect anything less than complete compliance with the revision Contd. actions thus far taken would be a violation of my duties as a Board member and as Board chairman. I therefore respectfully, and sympathetically request that the Council reconsider the action taken at the meeting of April 5, 1976. (Signed) Anne Altmayer, Chairman, Board of Adjustments, City of Tukwila." Preliminary Plat proposal of Todd's Rainier Vista Newly Elected Councilman Van Dusen stated he would like to attend the Mayors Council- Workshop on April 28, 1976 at the Greenwood Inn, Olympia. men Workshop Ms. Pesicka and Councilman Traynor expressed their wish to attend. The fee involved would be $5.00 for luncheon fee. Mayor Bauch expressed his intentions of attending the Workshop. Tour of Inspection,Council President Hill stated he felt the City Council Redmond City Hall Members should make a tour of the new Redmond City Hall on Thursday, April 22, at 5:30 P.M. if that date is acceptable with the City of Redmond. Resolution: Architect for City Hall /S3 (P Frank Todd, audience, stated he would like to know if the Council is going to extend the appeal period of his plat proposal so he can take proper action. Council President Hill said the matter would be put on the agenda for the next City Council meeting so the matter could be dis- cussed with the City Attorney. Mayor Bauch stated a resolution would be presented at the next City Council Meeting providing for an architect for the proposed City Hall. He stated blank spaces would be left so the name of the architect could be filled in. EXECUTIVE SESSION 10:50 P.M. -11:00 P.M. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE COUNCIL MEET IN EXECUTIVE SESSION TO DISCUSS U.S.T.M.E. WAGES. CARRIED. ADJOURNMENT 11:00 P.M. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE EXECUTIVE SESSION CLOSE. CARRIED. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE COMMITTEE OF THE WHOLE MEETING ADJOURN. CARRIED. Norhia Booher, Council Secretary