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HomeMy WebLinkAbout1976-08-02 Regular MinutesAugust 2, 1976 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL Correspondence OLD BUSINESS Mayor's Veto of Ord. #978 Frank Todd Rezone, 62nd Ave. So. TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall Council Chambers MINUTES Mayor Bauch, presiding, led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. Mayor Edgar Bauch; Steven Hall, Public Works Director; Kjell Stoknes, Community Development and Planning Director; Maxine Anderson, City Clerk Pro Tem; and Lawrence Hard, Deputy City Attorney. MOVED BY HILL, SECONDED BY PESICKA, THAT THE MINUTES OF THE REGULAR MEETING OF JULY 19, 1976, AND THE SPECIAL MEETING OF JULY 23 CONTINUED TO JULY 26, 1976, 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.* Current Fund Street Fund Arter. Street Fund Fed. Shrd. Rev. Land Acq, Bldg. Water Fund Sewer Fund Water /Sewer Constr. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE MOTION TO REMOVE VOUCHER NO. 221 FROM THE VOUCHERS BEING APPROVED. Councilman Traynor explained that Voucher No. 221 was incomplete as it does not state what the money was spent for. AMENDMENT TO THE MOTION CARRIED WITH VAN DUSEN VOTING NO. *MOTION, AS AMENDED, CARRIED. Vouchers No. 214 294 LID 21 C 27 $204.75 LID 22 C 38 204.76 LID 24 C 33 204.76 LID 27 C 10 553.68 214 261 262 269 270 271 275 276 277 278 284 285 293 294 $10,080.36 32,067.09 10,000.00 3,860.00 894.80 12,161.02 4,687.12 16.50 $73,766.89 Councilman Hill asked permission to read an item of correspondence from the International Institute of Municipal Clerks. Mayor Bauch expressed his objections as the news release had been received by all Councilpersons and had been published in the local newspaper. MOVED BY VAN DUSEN, SECONDED BY HILL, TO READ THE PRESS RELEASE.* Councilwoman Harris advised against reading items of this nature which might affect the City at a later date. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE MOTION TO HAVE THE NEWS RELEASE PLACED ON THE BULLETIN BOARD RATHER THAN READ. AMENDMENT TO THE MOTION CARRIED WITH HARRIS AND GARDNER VOTING NO. *MOTION, AS AMENDED, CARRIED WITH HARRIS AND GARDNER VOTING NO. MOVED BY VAN DUSEN, SECONDED BY PESICKA, TO OVERRIDE THE MAYOR'S VETO.* Traynor stated he hesitated to override the veto without a clear definition of "open space Al Pieper, Building Department, stated that open space is generally construed to mean any place within the City that is not covered by a building. Open space could include parking lots, swimming pools, tennis courts, etc. Harris stated that the City should have a written policy on open space which would affect all applicants. TUKWILA CITY COUNCIL REGULAR MEETING August 2, 1976 Page 2 OLD BUSINESS Cont. Mayor's Veto of Frank Todd Rezone, 62nd Ave. South Cont. NEW BUSINESS Waiver of Res. #489, Allowing Benaroya to apply for a Grading Permit /606 Pesicka stated the thing that bothered her about not passing this is that under the present zoning there could be less open space than under the limitations placed on the rezone. Discussion followed on lot coverage. Traynor stated that there are different opinions of the meaning of open space and, without a clear definition, a black topped parking lot or driveway could be part of the open space. *MOTION TO OVERRIDE THE VETO FAILED WITH HILL AND PESICKA VOTING YES. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE ADMINISTRATION BE INSTRUCTED TO DRAW UP AN ORDINANCE SIMILAR TO THE ONE WE HAVE WITH A DEFINITION OF OPEN SPACE AS THE COUNCIL SEES IT.* Further discussion followed. Traynor stated he would like to have his motion stand and have the ordinance ready for the Committee of the Whole Meeting of August 9, 1976. As an explanation of his motion, Traynor stated he would like a copy of Ordinance No. 978 with, attached, a definition of open space as the Council had stated at the table. Stoknes recommended that the Zoning Ordinance be modified to include a definition of open space but not to include any percentage. Hill questioned, since 30% open space is being attached to this R -4 zone, does the Council intend to attach 30% to all R -4 zones? Stoknes stated that the Zoning Ordinance can be amended to require a particular percent of open space for each zone for all new developments that need a building permit. If you are going to attach it to one rezone now,you should be consistent in any future rezone with the same percentage, but the same percentage may not be true for other zoning categories. Hill stated that the Council is setting a precedent here that should be followed through. Steve Hall suggested using the word impervious in the definition of open space those areas not declared impervious (that which will not absorb moisture). *MOTION CARRIED WITH HARRIS VOTING NO. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE WAIVER OF RESOLUTION #489 BE GRANTED AND ALLOW BENAROYA TO APPLY FOR A GRADING PERMIT THROUGH THE PLANNING COMMISSION.* Steve Hall, Public Works Director, gave a presentation on his investigation of the problems involved with the proposed cut site and the moving of the railroad spur at an angle across Southcenter Boulevard. He stated that if the Council concures with this request, there should be a Geologist on site at all times and that any changes made in the proposal or in the recommendations of the Dames and Moore report should be approved jointly with the City. The proposal, as made should be considered a minimum standard and subject to in- house changes. Also, the Bond that has been posted should be kept in force through the winter and for approximately one year to see if the slopes do stabilize. Van Dusen asked if there was no way to move the railroad spur without cutting the slope? Hall explained that there wasn't. Hill asked if this slope is the original land or is it freeway fill? Stoknes stated that this is the only natural ridge left. Van Dusen stated that the problem lies with Benaroya as they assured the City that the cut into the hill would be minor. Harris, questioned the interpretation of a minor cut. Hall stated that the representative of Benaroya said the cut would be about 5 feet. They have approximately a 20 foot cut now, when finished it will be about 60 feet. Their plan is to hydroseed the slope, have closed storm drainage to minimize erosion,and next year, to come back and replant the cut. TUKWILA CITY COUNCIL REGULAR MEETING August 2, 1976 Page 3 NEW BUSINESS Cont. Waiver of Res. #489, Allowing Benaroya to apply for a Grading Permit Cont. RECESS 8:20 P.M. 8:30 P.M. Social Security, Fire Fighters Mr. Robert Fehnel, Consultant for Benaroya, reviewed the proposed plans. He stated that they had worked hard to keep from cutting the toe of the ridge. The railroad spur has been elevated at that point to help minimize the cut. Included with the plans to move the railroad spur, is the development of Parkway Plaza North. The preload on the site has been removed, and they have a Foundation Permit. They anticipate the opening date as October 1, 1976. They are almost to the 'point of no return' in changing the position of the railroad spur. Mr. Fehnel introduced the proposed plans for the development of Parkway Plaza West to explain why all of this is necessary. He agreed that the hillside would be cut under supervision of a Geologist and be replanted this year to minimize erosion. Mr. Jack Benaroya was introduced. He assured the Council that he is concerned about his developments in the City and that they will be done properly. They have gardeners maintain the landscaping and parking area as he is sensitive to the environment. He further stated that when they replace the hill it will be done properly and to the complete satisfaction of the Council. Hill noted that he had included the words 'Planning Commission' in his motion. Mr. Stoknes stated that the permit will be granted by the present Code Enforcement Officer and recommended against it going back to the Planning Commission. MOVED BY PECISKA, SECONDED BY VAN DUSEN, TO AMEND THE MOTION TO REMOVE THE WORDS 'PLANNING COMMISSION'. AMENDMENT TO THE MOTION CARRIED. *MOTION, AS AMENDED, CARRIED WITH HARRIS VOTING NO. Mr. Stoknes stated that on any type of cut,there will be some local erosion, and he wanted everyone to be aware of this. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE COUNCIL RECESS FOR TEN MINUTES. MOTION CARRIED. /C Mayor Bauch called the meeting back to order with the Councilmembers present as previously noted. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE AGENDA TO INCLUDE SOCIAL SECURITY WITHDRAWAL BY THE FIRE FIGHTERS. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE CITY,IN NO WAY, SPONSOR OR SUPPORT THE WITHDRAWAL OF THE FIRE FIGHTERS FROM SOCIAL SECURITY.* Hill stated that a number of cities have already withdrawn from Social Security but that there are a lot of aspects to consider. One is the older employees, by withdrawing you could affect their benefits. If you withdraw, you have to set up a supplemental plan. Once the City withdraws, they cannot go back on Social Security again. He suggested talking to Bellevue, Kirkland and Redmond to see what kind of a program they have. Van Dusen suggested that this could be a savings for the City as the 5.85% could be negotiated. Sam Ruljancich, Fire Fighter, explained that the Fire Fighters, through a technicality, are not on Social Security now. There should be a referendum vote put to the Fire Department Employees to see if they want to go on Social Security or not. This is not a withdrawal from Social Security. This decision should be made soon so they can properly be included or left off and have no further contributions made. Traynor stated what bothers him is the Fire Fighters have already determined they are going to use the City's money on another plan. TUKWILA CITY COUNCIL REGULAR MEETING August 2, 1976 Page 4 Social Security, Fire Fighters Cont. FIRST READING OF ORDINANCES Ord. #984 Reclassifying certain property from R -1 to C -2, Burton Lutes Attorney Hard stated that it is the Council's choice, and it is the issue before them. The Fire Fighters will make their decision once they know what the City Council is willing to do or not willing to do as far as participation in some sort of a pension program. Hill stated that they are waiting for the Council to make a proposal, and they keep saying this is not a negotiable item, but it is dollars and cents, and it is negotiable in any contract. Traynor explained that this would not keep a Fire Fighter from collecting Social Security. He could retire from the fire service at age 50 and start work elsewhere so that at age 62 65, he could collect Social Security also. Van Dusen questioned as to whether the original motion is out of order and suggested that the City's contribution, whatever the percentage is, be made a part of the negotiation package. Traynor stated that the Fire Fighters still have the right to vote whether they want to be in Social Security or not but, by this motion, we are not going to help them. Theircurrent contribution to Social Security stays in the City. Harris stated she is not in favor of supporting the request either, for several reasons: the long term results, detailed alternate plans have not been presented, and the bookkeeping on the part of the City needs to be studied. Ken Brush, Fire Department, stated they would like to meet with the Council again and discuss this further. Van Dusen agreed that, to be fair, they would listen to any ideas they might have. *TRAYNOR WITHDREW HIS ORIGINAL MOTION, SAUL WITHDREW THE SECOND. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT IF THE FIRE FIGHTERS DETERMINE NOT TO TAKE PART IN SOCIAL SECURITY,THE CITY'S MATCHING FUNDS WILL STAY IN THE GENERAL FUND. MOVED BY HARRIS, SECONDED BY PESICKA, TO POSTPONE THIS DISCUSSION FOR ONE MONTH PENDING INVESTIGATION OF SPECIFIC FINANCIAL PLANS FOR AN ALTERNATE TO SOCIAL SECURITY. MOTION CARRIED. ROLL CALL VOTE: 4 AYES GARDNER, HARRIS, PESICKA, SAUL. 3 NOS HILL, TRAYNOR, VAN DUSEN. Van Dusen stated that the 30 days will be up and this should go on the agenda for the September 7, 1976, Regular Meeting. Hill asked if there are no meetings held before then, what good is it going to do to bring the question back to the table? Mayor Bauch stated that whether something is done or not, the motion will come back to the floor. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance reclassifying certain property from R -1 zoning to C -2 zoning within the City of Tukwila. MOVED BY HILL, SECONDED BY SAUL, TO SUSPEND THE RULE FOR SECOND READING AND ADOPT ORDINANCE NO. 984 AS READ.* Harris questioned the second whereas, since we do have an existing Comprehensive Plan, why refer to the pending Comprehensive Plan up date. She stated that an ordinance for rezone should not contain language which says it is consistent with something that has not yet been adopted. MOVED BY HARRIS, SECONDED BY SAUL, TO AMEND THE ORDINANCE BY DELETING 'WHEREAS, THE PENDING COMPREHENSIVE PLAN UPDATE ALSO SHOWS THE PROPOSED PROPERTY FOR COMMERCIAL USES, AND'. MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING August 2, 1976 Page 5 FIRST READING OF ORDINANCES Cont. Ord. #984 Cont. Ord. #985 Establishing Legal Holidays for Municipal Employees RESOLUTIONS Proposed Resolution Authorizing Mayor to Execute Agreement for Joint Dispatch Service Proposed Resolution Authorizing Mayor to Negotiate and Execute Agreement with Northwest Cablevision Res. #547 Authorizing Mayor to Execute an Easement with King County for access to the Green River ORIGINAL MOTION, AS AMENDED, CARRIED WITH HARRIS VOTING NO. MOVED SECONDED B H T�� ONLY, INCLUDING SECTION 1(a) B d AD ty C'' Attorney read an Ordinance of the City of Tukwila, Washington, establishing legal holidays for municipal employees and amending Section 2.52.030 of the Tukwila Municipal Code No. 822. MOVED BY HILL, SECONDED BY SAUL, TO SUSPEND THE RULE FOR SECOND READING AND ADOPT ORDINANCE NO. 985 AS READ. MOTION CARRIED WITH HARRIS VOTING NO. MOVED BY HILL, SECONDED BY PESICKA, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to execute an interlocal agreement to provide a joint dispatch service for the Police and Fire Departments. MOVED BY HILL, SECONDED BY SAUL, THAT THIS BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF AUGUST 9, 1976, AND THAT THE FIRE AND POLICE CHIEFS BE ASKED TO ATTEND. 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 and execute an agreement with Northwest Cablevision for participation in T.V. Cable undergrounding. Van Dusen asked Mr. Grinstead of TelePrompter Cable T.V. how many feet of cable they had laid this week? Mr. Grinstead stated that when they went out to check, the trenching had been suspended as the companies were pulling cable through the conduit. Saul asked if they could get a bond for $17,000. Mr. Nelson stated that they had furnished a bond for $10,000. Mr. Hard, after reviewing a copy of the bond, stated that the bond does guarantee performance under the franchise. Harris asked Mr. Nelson if TelePrompter had notified the City of rate increases. Mr. Nelson stated that the City had been notified by mail. Since no one could remember having seen such a letter, Mr. Nelson agreed to send a copy he had on file dated September 19, 1976, to the Council. Mr. Nelson again stated that, since whey canno_t_.affor.d _to..bear the full cost of undergrounding, they would be grateful if the City could financially assist TelePrompter. But, if the City cannot, they would withdraw gracefully. Van Dusen stated that since TelePrompter had reneged on their agreement before and, if City funds are going to be committed now, he wants to be sure that if they reneged again, the bond will assure some compensation for the City. Mayor Bauch stated that the City wants its investment protected by bonding equal to the amount of the investment. Mr. Nelson agreed that the contract can be negotiated on this basis. MOVED BY HILL, SECONDED BY PESICKA, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to execute an easement with King County for access to the Green River through the Bicentennial Park. MOVED BY HILL, SECONDED BY SAUL, TO SUSPEND THE RULE FOR SECOND READING AND APPROVE RESOLUTION NO. 547 AS READ. MOTION CARRIED WITH HARRIS VOTING NO. TUKWILA CITY COUNCIL REGULAR MEETING August 2, 1976 Page 6 RESOLUTIONS Cont. Proposed Res. MOVED BY TRAYNOR, SECONDED BY PESICKA, TO AMEND THE AGENDA TO ADD THE Authorizing the Mayor PROPOSED RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EARNEST to Execute an MONEY AGREEMENT WITH MR. FRANK DESIMONE FOR THE PURCHASE OF PROPOSED Earnest Money Agree- CITY HALL SITE LOCATED ON SOUTH 151st STREET.* ment with Mr. Frank Desimone for the Van Dusen suggested that is should be left until next Monday for the purchase of proposed benefit of those that would like to be in attendance to discuss the city hall site city hall site. MOTION FAILED WITH PESICKA AND TRAYNOR VOTING YES. DEPARTMENT REPORTS Mayor's Report Attorney's Report. Deputy City Attorney Hard reported on the status of the law suits involving the City. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Correspondence Mr. Frank Todd Social Security Optional Municipal Code Request for Executive Session ADJOURNMENT 10:20 P.M. 1 Discussion followed on putting three sites on the ballot for the people to select the city hall site. A Resolution would have to be passed at a regular meeting to place it on a ballot,and it is too late for the Primary Election. Harris stated that the Council was going to have to face up to the issue and decide where to put city hall. Van Dusen stated that he had to agree with Mrs. Harris that the Council was elected to make decisions,and they should do just that. Mayor Bauch announced several items of interest to the citizens of Tukwila. He invited the citizens to attend the dedication of the Bicentennial Cabin, 3:30, Saturday, August 7, 1976. Hill suggested it would be helpful to have the City Attorney attend the Committee of the Whole Meetings. Hard stated that if it was really necessary, he would attend, but it would also increase the cost to the City. MOVED BY HILL, SECONDED BY SAUL, THAT THE MAYOR SEND A LETTER SUPPORTING THE CITY OF ISSAQUAH IN THEIR QUEST TO HAVE A FERRY NAMED THE ISSAQUAH. MOTION CARRIED. Mr. Frank Todd, audience, stated that the action of the City Council tonight in not overriding the Mayor's Veto places him in the position of having to appeal to the superior court. Van Dusen suggested that Social Security should be placed on the agenda for the August 9, 1976, Committee of the Whole Meeting. MOVED BY TRAYNOR, SECONDED BY PESICKA, THAT A RESOLUTION OR ORDINANCE BE DRAWN UP FOR THE COUNCIL TO CONSIDER ADOPTING THE OPTIONAL MUNICIPAL CODE. MOTION CARRIED WITH GARDNER AND HARRIS VOTING NO. MOVED BY HILL, SECONDED BY SAUL, THAT THE COUNCIL HOLD AN EXECUTIVE SESSION AFTER THE COMMITTEE OF THE WHOLE MEETING OF AUGUST 9, 1976, TO DISCUSS THE SALARY OF THE CLERK PRO TEM. MOTION CARRIED MOVED BY SAUL, SECONDED BY HILL, THAT THE CITY COUNCIL MEETING ADJOURN. MOTION CA 'IED. ff 4114' Edgar D. Bauch, Mayor Ma ine" Anderson, City Clerk Pro Tem