Loading...
HomeMy WebLinkAbout1976-07-06 Regular MinutesJuly 6, 1976 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL Ordinance #978 Mayor's Veto Frank Todd Rezone, 62nd Ave. So. Letter from Kenneth Harris concerning petitions on proposed City Hall Site /583 TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall Council Chambers MINUTES Mayor Bauch introduced Boy Scout John Wilken who was attending the meeting as a requirement for his Community Relations Badge. John led the audience in the Pledge of Allegiance. Mayor Bauch called the Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. Mayor Edgar Bauch; Kjell Stoknes, Community Development and Planning Director; Mabel Harris, City Treasurer; Maxine Anderson, City Clerk Pro Tem; and Lawrence Hard, Deputy City Attorney. MOVED BY HILL, SECONDED BY SAUL, THAT THE MINUTES OF THE JUNE 21, 1976 REGULAR MEETING BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilman Saul questioned whether the Puget Power bills for street lighting and the water bills from the City of Seattle were monthly charges and he wastold that they are. *MOTION CARRIED. Current Fund Street Fund Water Fund Sewer Fund Vouchers No. 1 60 1 41,59 &60 42 46 47 51 52 58 Total PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS 7,871.09 21,665.65 9,289.77 4,411.54 $43,238.05 Mayor Bauch read his letter of June 29, 1976 to the Tukwila City Council on the Veto of Ordinance No. 978 (Re- classifying certain property located on 62nd Ave. South from R -3 to R -4 zoning). Pursuant to R.C.W. 35.24.210, he is vetoing the ordinance based on the following reasons: Density, Open Space, Height Restrictions and Adjacent Zoning. MOVED BY HILL, SECONDED BY SAUL, THAT THE VETO MESSAGE AND ORDINANCE BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF JULY 12, 1976. MOTION CARRIED. The City Clerk Pro Tem read a letter dated July 1, 1976 from Kenneth Harris, 14301 Interurban Ave. South, requesting time to present petitions asking the Council to reconsider their recent choice of a City Hall site. Mr. Harris presented the petitions to the Council and explained that they were signed for various reasons, some being: 1. Waste of tax payer's money since the City already owns a piece of property. 2. Should be in a more visible location. 3. Police Department brings violators of the law into the residential area. 4. Will create increased traffic problems. 5. Will encourage rezone requests for apartments on the surrounding properties. Once City Hall is built it will be here for many years to come, therefore, the petitioners are requesting the Council to reconsider their recent decision on selecting the Desimone property as the City Hall site. Mr. Harris presented a letter to the Council and requested it be read. TUKWILA CITY COUNCIL REGULAR MEETING July 6, 1976 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS CONT. Letter from Kenneth Harris, Cont. Tukwila Riverside Inn, Inc. vs. City of Tukwila, Summons No. 814494 Acceptance of asphalt overlay projects for 1976 SECOND READING OF ORDINANCES Substitute Ord. No. 982 Amendment to the Tukwila Sign Code and adding Chapter 19.22 MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE LETTERS RECEIVED FROM CITIZENS BE READ. MOTION CARRIED. The City Clerk Pro Tem read letters from Darlene and Donald Sipe, 14961 62nd Ave. South; Joe Langer, 15213 65th Ave. South; and Stan Minkler, 14246 57th Ave. South. The letters were all in support of the petitions presented to the Council. MOVED BY HILL, SECONDED BY SAUL, THAT THE PETITIONS AND LETTERS BE CONSIDERED AT THE COMMITTEE OF THE WHOLE MEETING OF JULY 12, 1976. MOTION CARRIED. Mayor Bauch noted the receipt of Summons No. 814494, Tukwila Riverside Inn, Inc. vs. City of Tukwila for the record. Document concerns taxation of gambling activities. The City Clerk Pro Tem read the letter dated June 29, 1976 from Steven Hall, Public Works Director. He states that Hi -Line Asphalt Paving Co. has completed the asphalt overlay projects and recommends acceptance of same. MOVED BY HILL, SECONDED BY SAUL, THAT THE CITY COUNCIL ACCEPT THE RECOMMENDATION OF STEVEN HALL AND ACCEPT THE OVERLAY PROJECTS. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED SUBSTITUTE ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance amending the Tukwila Sign Code by amending Subsections 19.08.090, 19.12.070 (L) and adding a new Chapter 19.22 to title 19 of the Tukwila Municipal Code and amending Ordinance No. 773. MOVED BY HILL, SECONDED BY SAUL, THAT SUBSTITUTE ORDINANCE NO. 982 BE ADOPTED AS READ.* MOVED BY VAN DUSEN, SECONDED BY PESICKA, TO AMEND THE SUBSTITUTE ORDINANCE BY CHANGING SECTION 19.08.090, PARAGRAPH 2 TO READ AS FOLLOWS: Upon application to the Planning Commission, they may authorize a sign where the applicant can demonstrate that a hardship exists from an access standpoint, a traffic hazard exists or other similar problems that may also relate to specific design and esthetic qualities. Such signs must be within the spirit and intent of Chapter 19.22 and other sections of the sign code. Kjell Stoknes, Community Development and Planning Director, explained that the substitute ordinance reflects the changes requested by the City Council at the Committee of the Whole meeting of June 28, 1976. Discussion followed with Van Dusen explaining that the proposed amendment clarifies and expands Paragraph 2 as written. Al Pieper, Code Enforcement Officer, commented that the proposed amendment is unwieldy and unenforceable. Van Dusen stated he thought the whole sign code is pretty hard to enforce as it is and he wanted to give the Commission a look at some of the problems the businesses have with signs. Kjell Stoknes stated it is the Board of Adjustment that handles special provisions while the Planning Commission handles the concept of design. The question of hardship belongs before the Board of Adjustment. Traynor stated that it appears the amendment is giving the Planning Commission the Board of Adjustment work. Van Dusen stated his intent was to give the Commission a little more leeway on problems that might exist with signs. Harris commented that the Sign Ordinance was three or four years in the making. There was excellent representation from the Business Community and they spoke frequently at the work meetings and public hearings. They had the opportunity to participate in the drawing of this Ordinance. She stated she would hate to see this Ordinance go back to the Planning Commission to be reworked, it is a good Ordinance. TUKWILA CITY COUNCIL REGULAR MEETING July 6, 1976 Page 3 SECOND READING OF ORDINANCES CONT. Substitute Ord. No. 982 Amendment to the Tukwila Sign Code, Cont. FIRST READING OF ORDINANCES Proposed Ord. Providing for transfer of funds for installation of Back Flow Prevention Devices RESOLUTIONS Proposed Res. Authorizing Mayor to execute agree- ment for land surveying for proposed City Hall site Proposed Res. Authorizing the Mayor to negotiate lease with So. Central School District for park property /585 Traynor stated that the Developer of the property where the signs in question are located was told at the time,that he would have a problem with traffic, if construction was completed as designed. Now, he is having a problem and wants to change the Sign Ordinance. Van Dusen stated that this amendment does not solve Mr. Doces' problem. Traynor stated that this does help him with his problem as it says he may go to the Planning Cimmission and they may authorize a sign where a traffic hazard exists. Kjell Stoknes clarified that the way the ordinance is written now it does not allow a curb cut identification and the way the substitute is written is to allow the Planning Commission to authorize a sign that says enter at a curb cut but to a maximum of four square feet and five feet in height. The proposed amendment is intended to allow the Planning Commission to also allow higher and larger signs. *Voting on the amendment to the Substitute Ordinance, MOTION FAILED, WITH VAN DUSEN VOTING YES. Mr. Gust Doces just arrived at the meeting and spoke on Section 19.08.090, Paragraph 2 suggesting the addition of "provided however, that the Planning Commission, when it finds it necessary to waive a provision of 19.22, may do so in order to resolve the traffic hazard problems The language, as it is now written,can cause problems. Traynor states that the ordinance does allow the Planning Commission to authorize signs to resolve traffic hazard problems. If they want something to advertise their business then they have to go to the Board of Adjustment. Mr. Doces stated it is necessary to identify whose entrance it is and 19.22.040 of the ordinance will not allow this. Hill stated that the building and fountain are identification enough and that just an entrance sign should be adequate. *Voting on the original motion, MOTION CARRIED, WITH HARRIS VOTING NO. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Deputy City Attorney Hard read an ordinance providing for the transfer of funds to cover the cost of installation of backflow prevention devices to all city owned buildings in compliance with Ordinance No. 951 and amending budget Ordinance No. 957. Saul questioned if it was necessary to do this at this time. Discussion followed with Mayor Bauch explaining it was an obligation of the City to comply with its own ordinances. The purpose of the device is to prevent the backflow of any liquid into the water system. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED, WITH GARDNER VOTING NO. Deputy City Attorney Hard read a resolution authorizing the Mayor to execute a contract for professional engineering services in conjunction with the proposed City Hall site located on South 152nd. MOVED BY HARRIS, SECONDED BY SAUL,THAT THE PROPOSED RESOLUTION BE POSTPONED UNTIL THE NEXT REGULAR COUNCIL MEETING. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to negotiate a lease agreement with South Central School District for certain properties to be used for Park purposes. Saul expressed his opinion in favor of this proposal. It was noted that the two sites are referred to as the Duwamish School Site and the land South of Central School Site. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE ADMINISTRATION INVITE THE DUWAMISH IMPROVEMENT CLUB TO A COMMITTEE OF THE WHOLE MEETING TO DISCUSS THE USE OF THE DUWAMISH SCHOOL SITE. MOTION CARRIED. Mrs. Mabel Harris, audience, asked if the Tukwila Police will respond to these sites. Mayor Bauch stated that the County will police the areas. TUKWILA CITY COUNCIL REGULAR MEETING July 6, 1976 Page 4 RESOLUTIONS CONT. Proposed Res. Naming park site located at 53rd Ave. So. and So. 139th Proposed Res. Authorizing the Mayor to execute earnest money agreement for purchase of the proposed City Hall site Proposed Res. Authorizing the Mayor to execute agreement with King County One -Call System Review and Reconsideration of Res. No. 489 DEPARTMENT REPORTS Mayor's Report City Attorney's Report 556 MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a resolution accepting the Park Board's recommendation of "Old Central Park" as the name for the recreation area located at 53rd Ave. South and South 139th Street. Mr. Gene Elfstrom, 5807 South 144th questioned the name "Old Central Park" and suggested naming the site "Joseph Foster Memorial Park Saul stated that he did not know a great deal about the site but from what he had heard lately, and since this is the Bicentennial year, he would back naming the park after the pioneer, Joseph Foster. MOVED BY PESICKA, SECONDED BY SAUL, TO AMEND THE RESOLUTION AND THAT THE NAME JOSEPH FOSTER MEMORIAL PARK BE SUBSTITUTED FOR OLD CENTRAL PARK.* Harris suggested defeating the amendment and rewriting the resolution as the simple substitution does not fit in this resolution. Traynor suggested sending the suggestion back to the Park Board for further action. He also stated that he thought there would be confusion with this name and the Foster High School Field. *SAUL WITHDREW THE SECOND, PESICKA WITHDREW THE AMENDMENT TO THE MOTION. MOVED BY HARRIS, SECONDED BY PESICKA, TO REFER THE RESOLUTION TO THE COMMITTEE OF THE WHOLE MEETING OF JULY 12, 1976.* Mr. Gene Elfstrom offered that some of the confusion will be cleared since the Foster High School Stadium has been newly named "Neudorf Stadium *ROLL CALL VOTE: 4 AYES GARDNER, MS. HARRIS, MS. PESICKA, VAN DUSEN. 3 NOS HILL, SAUL, TRAYNOR. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THIS PROPOSED RESOLUTION BE REFERRED TO THE COMMITTEE OF THE WHOLE MEETING OF JULY 12, 1976. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to execute an agreement with the "King County One -Call System" for a one -call subsurface warning system. Mayor Bauch explained that Section 7 of Resolution No. 489 requires that the resolution and the policy adopted shall be brought before the City Council for its review and reconsideration at the first regular council meeting in July, 1976. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION NO. 489 BE REFERRED TO THE COMMITTEE OF THE WHOLE MEETING OF JULY 12, 1976, FOR REVIEW. MOTION CARRIED. Mayor Bauch reported that Sergeant Robert Maxwell of the Tukwila Police Department has retired from the department on a medical disability. Officer Joseph Mathews has been appointed to fill the position of Sergeant. Deputy City Attorney Hard reported on the current status of the various law suits involving the City. He suggested an Executive Session be held to allow him to report to the Council on two particular items: 1. Tukwila Riverside Inn, Inc. vs. City of Tukwila (Challenge of the Gambling Ordinance) 2. LID #25 Discussion with Duane Wells (Wells Real Estate Inc.) (Concerning property affected by this LID) TUKWILA CITY COUNCIL REGULAR MEETING July 6, 1976 Page 5 DEPARTMENT REPORTS CONT. City Attorney's Report, Cont. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Councilman Saul Saul wished the citizens of Tukwila a Happy 200th Birthday and thanked all those involved for completing the Bicentennial Park. RECESS MOVED BY HILL, SECONDED BY SAUL, THAT THE COUNCIL RECESS FOR TEN 8:50 P.M. MINUTES AND THEN GO INTO EXECUTIVE SESSION. MOTION CARRIED. 9:00 P.M. EXECUTIVE SESSION Mayor Bauch called the Council back to order for the Executive Session 9:00 P.M. to discuss Tukwila Riverside Inn, Inc. vs. City of Tukwila and 10:00 P.M. LID No. 25 with the Deputy City Attorney. ADJOURNMENT 10:01 P.M. 1587 MOVED BY TRAYNOR, SECONDED BY PESICKA, THAT, AFTER AUDIENCE COMMENTS, THE COUNCIL GO INTO EXECUTIVE SESSION WITH THE DEPUTY CITY ATTORNEY AND DISCUSS THE TWO ITEMS IN QUESTION. MOTION CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE EXECUTIVE SESSION CLOSE. MOTION CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE CITY COUNCIL MEETING ADJOURN. MOTION CARRIED. d Edgar Bauch, Mayor Ma ine Anderson, City Clerk Pro Tem