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HomeMy WebLinkAbout1976-07-19 Regular MinutesJuly 19, 1976 7:00 P.M. Council Chambers M I N U T E:S FLAG SALUTE AND Councilman Dwight Gardner led the audience in the Pledge of Allegiance. CALL TO ORDER Mayor Bauch called the regular meeting of the Tukwila City Council to order. GARDNER, HILL, MS. PESICKA, SAUL, VAN DUSEN. MOVED BY HILL, SECONDED BY SAUL, TO EXCUSE THE TWO ABSENT COUNCIL PERSONS WHO ARE ON VACATION. MOTION CARRIED. ROLL CALL OF COUNCIL OFFICIALS IN Mayor Edgar Bauch; Steven Hall, Public Works Director; Hubert Crawley, ATTENDANCE Fire Chief; Maxine Anderson, City Clerk Pro Tem; and Lawrence Hard, Deputy City Attorney. MINUTE APPROVAL MOVED BY HILL, SECONDED BY SAUL, THAT THE MINUTES OF THE JULY 6, 1976, REGULAR MEETING BE APPROVED AS PUBLISHED. MOTION CARRIED. VOUCHER APPROVAL MOVED BY HILL, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. BID OPENINGS AND AWARDS Call for Bids Modification of Engine 7 Current Fund Street Fund Fed. Shrd. Rev. Land. Acq., etc. Water Fund Sewer Fund Vouchers No. 61 212 61 148 149 168 169 174 175 179 180 195 196 212 LID 25- C45/46/47 $29,145.19 LID 25 R 28 $18,622.08 $52,092.31 8,475.68 8,048.57 1,034.70 4,443.78 10,856.07 $84,951.11 TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall MOVED BY HILL, SECONDED BY SAUL, THAT THE CALL FOR BIDS BE READ FOR THE BENEFIT OF THE AUDIENCE. MOTION CARRIED. The City Clerk Pro Tem read the Call for Bids on the Modification of Engine 7. MOVED BY HILL, SECONDED BY SAUL, TO GO OUT FOR BIDS ON THE MODIFICATION OF ENGINE 7, AND HAVE THEM RETURNED TO THE OFFICE OF THE CITY CLERK FOR BID OPENING AT 7:00 P.M., AUGUST 16, 1976. MOTION CARRIED. Surplus Equipment MOVED BY HILL, SECONDED BY SAUL, THAT THE CALL FOR BIDS BE READ FOR THE BENEFIT OF THE AUDIENCE. MOTION CARRIED. Councilman Hill read the Call for Bids on Surplus City Equipment. MOVED BY HILL, SECONDED BY PESICKA, TO GO OUT FOR BIDS ON SURPLUS CITY EQUIPMENT AND HAVE ALL BIDS RETURNED TO THE OFFICE OF THE CITY CLERK FOR BID OPENING AT 7:00 P.M., AUGUST 16, 1976. MOTION CARRIED. PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS Letter from G. John Mayor Bauch introduced a letter dated July 7, 1976, from G. John Doces Doces, Informa- concerning informational signs. MOVED BY VAN DUSEN, SECONDED BY SAUL, tional Signs THAT THE LETTER BE READ. MOTION CARRIED. Councilwoman Pesicka read the letter. Hill asked if the entrances to the parking lot were changed after they filed their building plans. Steve Hall, Public Works Director, stated that the entrances were not changed after the permit was issued. Prior to the permit, the entrance on South 180th was moved to the east. The actual curb cuts were approved on a site plan submitted by Lincoln Properties long before Mr. Doces applied for a permit. Hill asked if the Council would be willing to refer this letter to the Planning Commission. Saul asked how many times the Planning Commission has already looked at this. Mr. Mettler, Chairman of the Planning Commission, stated they had reviewed it two or three times. Van Dusen reminded the Council he had suggested an amendment to the newly adopted portion of the sign code to allow the Planning Commission more leeway. TUKWILA CITY COUNCIL REGULAR MEETING July 19, 1976 Page 2 PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS CONT. /S Letter from G. John Mayor Bauch stated that the Council recently passed this ordinance that Doces, Cont. is now a law of the City. Prior to this, there was no provision to allow access or egress signs. The present code does not allow what Mr. Doces now has there, so he can appeal to the Board of Adjustment. The City has a letter ready now to go to Mr. Doces telling him he is not in compliance with the sign code and giving him ten days to make the necessary changes. Van Dusen questioned, since Mr. Doces will have to remove his signs, are all nonconforming signs going to be removed at this time? Mayor Bauch stated that the City has no authority to remove the signs as the signs come under a grandfather clause. He further stated that if there are signs that are not covered under this clause, they will be cited. Saul wondered about the American Home Furnishing sign. Al Pieper, Building Department, noted that it is illegal. They always remove the signs when asked to comply with the code, but the next day, they put them up again. Van Dusen stated that the code is unenforceable, and Mr. Pieper agreed with him. At the present time it is the ten day grace period allowed in the code that is causing the problem. A letter has been written to the violator giving him ten days to remove his signs, the signs are removed and an inspection made; then, a few days later, the signs are up again. Mayor Bauch stated that all illegal signs that are up now are being acted upon. Hill asked, if property changes hands,do signs still come under the grandfather clause? Deputy City Attorney Hard stated that usually permits run with the person when they are granted, and the owners should ask the City to allow the permit to continue with the purchaser. Hill suggested the Planning Commission should look at the sign code, and if there is a problem, make a recommendation on how to solve it. The enforcement section needs to be reviewed. Van Dusen stated that Mr. Doces has the right to go back to the Planning Commission but that the newly adopted portion of the code gives the Planning Commission very little latitude, and in this case, they should look at the design of the signs. If this does go back to the Planning Commission, we need input from the Building Department as well as the Architectural Control Committee so that we can have a sign code that is enforceable. Mayor Bauch stated that the penalty part of the code is weak, but in this particular instance, it is not. Deputy City Attorney Hard agreed that the sign code does need changing, but the Council did pass this law and you have to proceed with the laws as they are on the books. There are remedies for Mr. Doces now, so if he feels it isn't fair, he has a right to follow under the law and, in the mean time, let's get the sign code revision going. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT MR. DOCES' LETTER BE REFERRED TO THE PLANNING COMMISSION ALONG WITH THE REQUEST FROM THE COUNCIL FOR REVIEW OF THE SIGN CODE. MOTION CARRIED. Mayor Bauch stated that the City will start enforcing the code as adopted. Summons No. 815176 MOVED BY SAUL, SECONDED BY HILL, TO AMEND THE AGENDA TO INCLUDE THE Duane A. Wells, RECEIPT OF SUMMONS NO. 815176, DUANE A. WELLS AND GERTRUDE A. WELLS VS. LID #25 CITY OF TUKWILA, CONCERNING LID NO. 25. MOTION CARRIED. Mayor Bauch recognized the receipt of the Summons for the record. Deputy City Attorney Hard explained that the plaintiffs in the suit are claiming that the road into the new King County Park is constructed, in part, on property owned by the plaintiffs and that everyone who drives over that road is trespassing. There is disagreement on who owns the 50 foot right -of -way. The plaintiffs feel that the best way to solve the law suit is for the City of Tukwila to agree to exchange TUKWILA CITY COUNCIL REGULAR MEETING July 19, 1976 Page 3 PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS cont. OLD BUSINESS Res. #489 Review and Reconsideration Summons No. 815176 property, but, it was City Attorney Hard's understanding that the Duane A. Wells, Council had considered this and it was their decision that no such LID #25 cont. exchange was acceptable as it was an LID #25 matter exclusively. The hearing on this law suit is set for Tuesday, July 27, 1976. MOVED BY SAUL, SECONDED BY PESICKA, THAT NO CITY PROPERTY BE EXCHANGED AS IT IS A PROBLEM OF THE LID. MOTION CARRIED. Letter from Deputy City Attorney Hard concerning Cable Television /s93 MOVED BY HILL, SECONDED BY SAUL, TO ACCEPT THE RECOMMENDATION OF THE PLANNING DIRECTOR AND CONTINUE RESOLUTION #489 IN EFFECT AS IS AND HAVE IT GO OUT OF EFFECT AFTER ADOPTION OF A NEW COMPREHENSIVE PLAN. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, TO AMEND THE AGENDA TO HAVE THE OPINION OF THE CITY ATTORNEY REGARDING CABLE TELEVISION READ INTO THE RECORD. MOTION CARRIED. Deputy City Attorney Hard read his letter regarding the City of Tukwila paying part or all of the costs for undergrounding Cable Television facilities which are owned by private industry but which are located within the City of Tukwila. His letter states that, in their opinion, the City can participate in paying all or part of the costs in undergrounding Cable Television facilities within the City limits. The opinion is based on the provisions of Chapter 35.96 of the R.C.W. Mr. Frank Todd, audience, stated that Cable Television committed unconditionally to participate and cooperate and he wondered why, at this late date, they expect the taxpayers to participate when they should do their job as required under the franchise. Saul stated that if the Telephone Company gets subsidy then private enterprise should have the same right. Hill stated that he is hesitant on putting the taxpayers dollar into this luxury. Fire Chief Crawley asked what Teleprompter is doing now since the undergrounding is started. Steve Hall, Public Works Director, stated that according to the inspector they have done nothing to date. Mr. Grinstead of Teleprompter Cable TV, present in the audience, agreed that to date they are not putting conduit in the ditch. Mr. Todd stated that one of their strongest commitments was to furnish Cable TV to the school. Mr. Grinstead agreed that there was no argument about the commitment but that the ecomony of cable has changed a great deal since 1972. He stated that financial assistance is being given to both Pacific Northwest Bell and Puget Power and they would like the same consideration Chief Crawley, speaking as a citizen of the community, asked Mr. Grinstead if the City Council does not grant Cable TV any money are they going to go ahead with the undergrounding? Mr. Grinstead answered that with the amount of money involved, no he could not make that commitment nor could he say no that they were not going to. He will have to go back to his boss and report that he needs a certain amount of money or some smaller amount because the City of Tukwila is giving assistance so, at this time he can not answer yes or no. Attorney Hard stated that the original franchise is binding on them to underground. They had been notified in plenty of time. Mayor Bauch stated that this all comes as a shock to him because last Monday morning at the groundbreaking Cable TV was there and for the past week, as the undergrounding proceeded, he had assumed they were living up to their contract. They are in violation of their franchise. Attorney Hard agreed that there is a legal and binding commitment on the part of Teleprompter. Mr. Todd suggested that the Council seriously consider canceling the franchise and go out and find someone else. Van Dusen asked if the Council could authorize payment for the cable being layed and sometime, at a later date, collect from them. This way the City would be assured of having Cable TV. Attorney Hard stated he thought it would be possible. TUKWILA CITY COUNCIL REGULAR MEETING July 19, 1976 Page 4 OLD BUSINESS cont. Letter from Deputy City Attorney Hard concerning Cable Television RECESS 8:55 P.M. 9:05 P.M. Cable Television Continued SECOND READING OF ORDINANCES Ordinance No. 983 Providing for transfer of funds to cover cost of installation of Backflow Prevention Devices FIRST READING OF ORDINANCES Proposed Ord. Adopting SEPA Guidelines RESOLUTIONS Proposed Res. Authorizing Mayor to execute contract for land surveying for proposed City Hall site Mr. Grinstead stated that this is a tremendous financial impact and the impact would still be there if they had to buy it back later. He was here to ask to be treated like the other utilities. A Discussion continued on possibilities of temporary financing by laying the conduit now and having it paid for later. Attorney Hard expressed the opinion that the City's option at this time is to terminate the franchise but, you have to consider that this means no Cable TV service for those that have it now. Mayor Bauch recommended the Council take action to terminate the franchise immediately. MOVED BY HILL, SECONDED BY SAUL, THAT IF TELEPROMPTER CABLE TV IS NOT PUTTING THEIR CONDUIT IN THE GROUND BY THE 26TH OF JULY THE FRANCHISE WILL BE CANCELED.* Van Dusen stated that if they don't comply then there will be no Cable TV. Hill noted that the street overlay program for this area does not start until next year giving a new company time to underground their facilities. Mayor Bauch suggested changing the date to the 23rd and calling a Special Meeting to take action. MOVED BY HILL, SECONDED BY SAUL, TO AMEND THE MOTION TO READ THE 23RD AND CALL A SPECIAL MEETING AT 7:30 P.M. TO DECIDE WHAT ACTION TO TAKE. AMENDMENT TO THE MOTION CARRIED WITH VAN DUSEN VOTING NO. *MOTION CARRIED. Mayor Bauch announced the Special Meeting for the notification of the press. MOVED BY VAN DUSEN, SECONDED BY PESICKA, THAT THE COUNCIL RECESS FOR TEN MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order with Councilmembers present as previously noted. MOVED BY VAN DUSEN, SECONDED BY PESICKA, THAT THE ADMINISTRATION LOOK INTO THE POSSIBILITY OF PUGET POWER LAYING THE CONDUIT FOR CABLE TV. MOTION CARRIED WITH GARDNER VOTING NO. MOVED BY HILL, SECONDED BY SAUL THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. 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 complicance with Ordinance No. 951 and amending Budget Ordinance No. 957. MOVED BY HILL, SECONDED BY SAUL, THAT ORDINANCE NO. 983 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance of the City of Tukwila relating to environmental policy, adopting the policies of the State EnviroHmental Policy Act RCW 43.21C.010 and RCW 43.21C.020 and the "SEPA Guidelines" adopted by the State of Washington Council on Environmental Policy as Chapter 197 -10 Washington Administrative Code, all by reference and establishing local regulations and processing procedures to implement said Environmental Policy and repealing Ordinance No. 759. 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 the resolution authorizing the Mayor to execute a contract for professional engineering services in conjunction with the proposed city hall site located on South 151st. TUKWILA CITY COUNCIL REGULAR MEETING July 19, 1976 Page 5 RESOLUTIONS cont. Res. #545 MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE Authorizing the READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard Mayor to negotiate read a resolution authorizing the Mayor to negotiate a lease lease agreement with agreement with South Central School District for certain properties South Central to be used for park purposes. MOVED BY HILL, SECONDED BY PESICKA, School District THAT RESOLUTION #545 BE ADOPTED AS READ. MOTION CARRIED. Res. #546 Authorizing the Mayor to execute agreement with "King County One Call System" DEPARTMENT REPORTS Mayor's Report City Treasurer's Report Public Works Director's Report Attorney's Report Social Security, Fire Dept. ADJOURNMENT 9:40 P.M. MOVED BY HILL, SECONDED BY SAUL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. 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. MOVED BY HILL, SECONDED BY PESICKA, THAT RESOLUTION #546 BE ADOPTED AS READ. MOTION CARRIED. Mayor Bauch reported on several items of interest to the Tukwila citizens. He reported that the official population of the City has dropped from 3,370 to 3,300. The preliminary population figure was protested but to no avail. MOVED BY HILL, SECONDED BY PESICKA, THAT THE MAYOR INVESTIGATE THE POSSIBILITY OF TAKING A CENSUS FOR 1976 IF IT WILL AFFECT THE 1977 TAXES. MOTION CARRIED. The month of June showed $2,750,000. of securities were sold, and $2,575,000. were purchased. Interest income amounted to $8,194.43. Steven Hall, Public Works Director, reported on the status of the current City projects. Deputy City Attorney Hard announced that the LID #28 trial has been postponed until September 24, 1976 because of the illness of Robert Hawkins, URS Company, who is a critical witness. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Councilman Van Dusen reported that he has been looking into Social Security withdrawal by the Fire Department and suggested a Special Meeting to discuss this item. MOVED BY PESICKA, SECONDED BY HILL, THAT THE CITY COUNCIL HOLD A SPECIAL MEETING ON JULY 29, 1976, 7:30 P.M. TO DISCUSS WITHDRAWAL FROM SOCIAL SECURITY BY THE FIRE DEPARTMENT. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE CITY COUNCIL MEETING ADJOURN. MOTION CARRIED. Edgar D.(/Bauch, Mayor Max1ne'Anderson; City Clerk Pro Tem is 9s