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HomeMy WebLinkAbout1976-12-06 Regular MinutesTUKWILA CITY COUNCIL REGULAR MEETING December 6, 1976 Tukwila City Hall 7:00 P.M. MINUTES Council Chambers FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS Mayor Bauch, presiding, led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, SAUL, TRAYNOR, VAN DUSEN MOVED BY HILL, SECONDED BY SAUL, THAT COUNCIL MEMBER PESICKA BE EXCUSED FROM THE MEETING. MOTION CARRIED. OFFICIALS IN Mayor Bauch; Kjell Stoknes, Director OCD; Steve Hall, Public Works ATTENDANCE Director; Hubert Crawley, Fire Chief; Mabel Harris, City Treasurer; Lawrence Hard, Deputy City Attorney; Maxine Anderson, City Clerk. MINUTE APPROVAL MOVED BY HILL, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 15, 1976 BE APPROVED AS PUBLISHED. MOTION CARRIED. VOUCHER APPROVAL MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED BID OPENINGS AND AWARDS Bid Opening for 6 -inch Trash Pump Current Fund Street Fund Fed. Shrd. Rev. Water Fund Sewer Fund LID 20 C 39 $6,804.92 LID 25 C 59/60 2,340.39 LID 27 C 14/15/16 6,994.30 No Rev. warrant /bonds sold LID 25 R 33 $2,340.39 LID 27 R 2 6,884.30 Council President Hill opened and publicly read aloud the bids received for a 6 -inch Trash Pump. Bids submitted were as follows: Gas Diesel Alternate Engine Engine Fenders /Light /Chain On Trailer Bidder Vouchers No. 1094 1220 1094 1181 1182 1194 1195 1196 1197 1209 1210 1220 $17,535.51 3,785.16 949.22 11,194.33 3,989.45 $37,453.67 Kem Equipment 4800 20th Ave. N.W. Seattle, WA 98107 $4,838.91 No Bid No Bid Whitney Equip. Co. 1477 130th N.E. Bellevue, N.E. $5,575.66 $6,287.11 $210.80 Star Machinery 241 South Lander St. Seattle, WA 98124 $5,238.38 $5,941.40 $192.99 Indust. Pump Sales Co. 2915 First Ave. South Seattle, WA 98134 $5,413.34 $6,365.11.. Included in Individual bids Engineer's Estimate $6,000.00. Each bidder had a 5% bid guarantee in the form of bond or check. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE BIDS BE GIVEN TO STEVE HALL, PUBLIC WORKS DIRECTOR, FOR REVIEW AND RETURNED TO THE COUNCIL AT THE COMMITTEE OF THE WHOLE MEETING WITH A RECOMMENDATION. MOTION CARRIED WITH SAUL VOTING NO. TUKWILA CITY COUNCIL REGULAR MEETING December 6, 1976 Page 2 APPOINTMENTS Appointment to Park Board, Mildred Heppenstall CITIZEN'S COMMENTS Disorderly Conduct Ordinance Presentation of Certificates of Outstanding Citizens, Scott V. and Bruce Michael Wallace MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE COUNCIL ACCEPT THE MAYOR'S APPOINTMENT OF MRS. MILDRED HEPPENSTALL TO THE TUKWILA PARK BOARD. MOTION CARRIED. Mrs. Barbara Johnson, Manager of Terrace Apartments, asked why the Ordinance she had discussed with the Mayor was on the agenda for last Monday instead of this Monday. Mayor Bauch explained that the Disorderly Conduct Ordinance was sent to the Committee of the Whole for discussion. At the time, Council tabled the Ordinance to be returned to the Police Chief for more justification. Councilman Saul stated that he doesn't believe the Ordinance will come back to the table unless someone can show real need. Councilman Traynor stated that he was the one that made the motion to table the Ordinance as he felt he needed more input before he could act on it. Councilman Harris concurred with Councilman Traynor and stated that all examples described justifying the need for the Ordinance are covered by already existing laws. Mrs. Johnson again asked why, when she was told it would be on the December 6 agenda, it will not be discussed this evening. Councilman Traynor stated that we are here to listen to the people and we do listen. It is not the Mayor's fault that it is not on the agenda; it is the Council's. The Mayor gave you his honest opinion that it would be on the agenda tonight. Two gentlemen in the audience, both from Terrace Apartments, expressed concern over the amount of theft and vandalism in the area, over the number of young people roaming through the apartment complex and, what appears to be, the lack of patrol by the Police Department. The question asked is how do they get more protection? Councilman Harris encouraged the Council, as a body, to request that the Mayor ask the Chief of Police to step up patrol in the residential area. Mayor Bauch stated that he doesn't believe the law on Disorderly Conduct would help in the cases discussed. One of the gentlemen asked just what action can be taken to get more circulation by the police. Mayor Bauch stated that he will discuss the problems with the Police Chief. Mayor Bauch read a letter he had received from Gary R. Fox, Patrolman, City of Tukwila, concerning an incident which occurred on July 23, 1976. At 3:10 P.M., the Police Department received a call advising of the drowning of a small child at the Viewcrest Apartments. When the officer arrived, he found two young men kneeling over the baby. One was administering mouth -to -mouth resusitation and the baby had just begun to move and cry. The Fire Department Aid Crew arrived and rushed the baby to Valley General Hospital where it was later learned that the child was doing well and in no danger. Mayor Bauch presented Outstanding Citizen Awards to Bruce Michael Wallace and Scott V. Wallace for their actions in saving the life of two year old Eric A. Meheil. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Summons No. 821090, Mayor Bauch noted, for the official record, receipt of Summons No. Shirlee A. Kinney 801090, Shirlee A. Kinney vs Edgar D. Bauch, Mayor of the City of vs Edgar D. Bauch, Tukwila and City of Tukwila. Mayor,and City of Tukwila TUKWILA CITY COUNCIL REGULAR MEETING December 6, 1976 Page 3 NEW BUSINESS Request for Waiver to Res. #489 for rezone, Bruce McCann Request for Waiver to Res. #489, Sec. 4:D.1 4:D.2, CHG International i6 9$/ Mayor Bauch gave a progress report on the Comprehensive Plan. The Planning Commission's work sessions will be completed by the end of December and Staff will have the final maps available in January. By the 1st of March the review period on the Environmental Impact Statement will be up. It will be mid -year before the plan is submitted to the Council table and will take about two months for their review. Based on these facts, Mayor Bauch recommended that the Council grant the two waivers from Resolution #489 for rezones as requested by Bruce McCann and refer them to the Planning Commission for review. MOVED BY HILL, SECONDED BY SAUL, THAT THE COUNCIL GRANT THE TWO WAIVERS FROM RESOLUTION #489 FOR REZONES AND REFER THEM TO THE PLANNING COMMISSION FOR THEIR REVIEW. MOTION CARRIED WITH MS. HARRIS VOTING NO. Mayor Bauch called on Attorney Hard for an opinion on a waiver from Resolution #489 as requested by CHG International, Inc. Attorney Hard explained that the application for the waiver is from a developer who wishes to apply for a Building Permit to build an apartment complex in the McMicken Heights area. The property is now zoned RMH which is the proper zoning for the use they intend. Resolution #489 makes a waiver necessary in certain areas where grading, clearing, excavation or filling are in question. The question was raised, at the Committee of the Whole Meeting, as to whether the City can deny the applicant the right to file for a Building Permit in light of the fact that the Comprehensive Plan for the City is in the process of being changed and there was indication that this area might be zoned something less than RMH. Attorney Hard stated that the way Resolution #489 is worded the Council probably can not deny CHG International the right to file for a Building Permit because they have met the requirements in showing that the land is probably stable. He further stated that he informed the lawyer for CHG International it was not necessary for him to be at this meeting. In the event the Council denies the waiver they have a right to request a Public Hearing. In light of the fact that the land is properly zoned for the use they want to put it, the Council can not deny their right to apply for a Building Permit on the grounds that there may be a change of the zoning in that area at sometime in the future. Councilman Saul expressed concern about the traffic from the apartment complex exiting onto South 160th Street and asked if there was any way the Council could change this. Attorney Hard said that the Council can certainly make their wishes known to the Building Department. Attorney Hard explained further that once they apply for a Building Permit it just starts the process, the City could then determine that this project would adversely affect the quality of the environment in that area and require a full Environmental Impact Statement. Based on the EIS it might be determined that this project should not be completed. Attorney Hard stated that the area is properly zoned and they at least have a right to apply for a Building Permit. Mayor Bauch explained that after CHG International has applied for a Building Permit they still have to comply with Section C of Resolution #489. In reality, if you grant the waiver to apply for a Building Permit, prior to the issuance of the permit, City Staff has to determine whether Section C of this Resolution will be violated. If, in the EIS anything is being done that is "precedent setting" or it "contains significant environmental impacts which will not be mitigated" the Staff will have to send it back to the Council for another waiver to grant the Building Permit. Based on this, Mayor Bauch recommended that the City Council grant the waiver request. TUKWILA CITY COUNCIL REGULAR MEETING December 6, 1976 Page 4 NEW BUSINESS CONT. Request for Waiver Cont. Request for Waiver from Res. #489, for rezone, Horst Ehmke (62nd Ave. So.) RESOLUTIONS Resolution #562 Designating Foster Marshall Bonding Agents (Purchase of Foster Golf Course) /4 9 Mr. Sowinski, 16050 51st Ave. So., noted that they have heard how the City Council's hands are tied in respect to Resolution No. 489 but would like an interpretation of what affect it has on the public response to this. This area is completely single family residential and they don't approve of an apartment house going in. Mayor Bauch stated that he can't say exactly how long the zoning has been on the property but it has been on a long time. Without Resolution No. 489 the Staff's hands would be completely tied and have to answer the developer in court if they did not issue the Building Permit. It wouldn't be a case of whether the citizens like it or not. Mr. Sowinski asked what the citizens can do now. Is there some action they can take to turn this around? Councilman Hill stated that the letters and petitions submitted by the residents should be turned over to the head of the Planning Department and to the Planning Commission. Mr. Sowinski stated that the petitions involve only about 70% of the people in the area, with a little more time he could probably get 95 Councilman Saul noted that you have to live within a certain distance from the property in question. Councilman Traynor asked the City Attorney if they have 100% objection can the Council change the zoning back to R -1? Attorney Hard stated that he supposed you could after ample Public Hearing but, you have to look at the other side at what the courts might say. The court would say this person bought that property, it is zoned RMH which is a broader use and has a right. The City might go ahead an rezone then suffer some damages. Dennis Roberts, ,6038 48th Ave. South, expressed concern and questioned that 1. If you need to grant the waiver and an EIS is involved can the Citizens submit a negative EIS? and 2. What are the applicable laws or statutosand are they available to the public? Attorney Hard continued to explain procedures and courses of action that might happen. He did say the public could submit comments to the EIS. The law is very clear on whether developments are adversely affecting the environment. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE WAIVER FROM RESOLUTION NO. 489 BE DELAYED UNTIL DECEMBER 20, 1976 SO THAT CHG INTERNATIONAL CAN BE IN ATTENDANCE. Gentleman from the audience suggested that December 20 could be a hardship on many people as it is in the middle of the holidays and suggested setting the date after the first of the year. Date changed to January 3, 1977. *MOTION CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE COUNCIL GRANT THE WAIVER FROM RESOLUTION NO. 489 FOR REZONE AND REFER IT TO THE PLANNING COMMISSION FOR REVIEW. MOTION CARRIED WITH MS. HARRIS AND TRAYNOR VOTING NO. Mayor Bauch introduced a Resolution designating Foster Marshall, Inc. as the Bonding Agent for the City of Tukwila and authorizing the Mayor to execute an agreement. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 562 BE ACCEPTED AS SUBMITTED. Councilman Harris stated that she would like to have seen letters from other Bonding Agents as well as Foster Marshall. *MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING December 6, 1976 Page 5 RESOLUTIONS Cont. Consultant for determining physical condition of Golf Course DEPARTMENT REPORTS Mayor's Report Attorney's Report Full time Mayor position RECESS 8:45 P.M. 8:55 P.M. PUBLIC HEARING 1977 Budget Proposals i4 96 Mayor Bauch referred to a portion of a letter to the City Council dated December 1, 1976 concerning the physical condition of the golf course. He is requesting the Council to authorize him to explore the situation and bring back recommendations for final authorization. It is possible that some of the information can be developed by City Staff, but he feels we lack the expertise to evaluate the layout and condition of the course itself. It is his understanding that the golf course industry has consultants which could provide the needed information. MOVED BY HILL, SECONDED BY SAUL, THAT THE MAYOR BE DIRECTED TO INVESTIGATE CONSULTANTS TO EXPLORE THE PHYSICAL CONDITION OF THE GOLF COURSE PER HIS LETTER OF DECEMBER 1, 1976. MOTION CARRIED. 1. Mayor Bauch reported that $9,343 has been received from the Title II Anitrecession Fiscal Assistance Fund and he will be submitting a recommendation to the Council later as to how to budget the funds. 2. He announced that a team from the Police Department competed in a 2 day competition physical condition problem solving etc. with surrounding Cities and Tukwila placed first. Attorney Hard announced that November was a quiet month for special legal matters. LID #25 is about the only one active. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Mrs. Ellen Harding, 15310 64th Ave. So., asked what has changed in the City this year to make the need for a full time Mayor. The citizens were told that the City could be run by a part time Mayor. Mayor Bauch noted that he spends six hours every day in the City and invited Mrs. Harding to come to his office for further discussion. MOVED BY SAUL, SECONDED BY HILL, THAT THE COUNCIL RECESS FOR TEN MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order with the Councilmembers present as previously noted. Mayor Bauch opened the Public Hearing and explained that State Law requires Cities to hold Public Hearings starting the first Monday in December allowing all citizens to have their input in the budget proposals. He further noted that, in conjunction, this Public Hearing includes the use of Federal Shared Revenue Funds. Mayor Bauch reviewed the procedure followed leading up to this Public Hearing and the final adoption of the budget. He started the Public Hearing by reviewing the detail of revenue estimates starting with Current Fund, total $2,275,242. Total estimated revenue all funds for 1977 $7,138,824. Mayor Bauch asked for audience comments. Mr. Rudolf Regel, 14201 56th Ave. South, asked about the Fireman's Pension Fund and where the fund is invested. Mayor Bauch stated that we have five employees in the Fire Department covered under this Pension Fund and the money is always invested where it will get the highest rate of interest within the law. There being no further questions on revenue, Council President Hill reviewed the detail of expenditures by fund and called attention to the percent that each is of the total adjusted budget. Adjusted budget total is total Current Fund plus City Street Fund and Federal Shared Revenue Fund. Police (20.85 and Fire Departments (19.23 make up the largest percent of the budget. TUKWILA CITY COUNCIL REGULAR MEETING December 6, 1976 Page 6 PUBLIC HEARING Cont. 1977 Budget Proposals Continued Social Security, Fire Dept. /L 97 Mr. Rudolf Regel questioned if the City is allowing funds for new motorcycles and radios. Mayor Bauch noted that these items will be discussed under Capital Equipment. Mayor Bauch asked if there are any questions concerning the expenditures within a particular fund. Mr. R. Regel asked about Title II Antirecession Fiscal Assistance Fund. Mayor Bauch explained that the fund is administered by the Office of Revenue Sharing and is distributed to counties and cities with rates of unemployment in excess of 4.5 percent. The regulations state that the funds must be used to maintain basic services. Mayor Bauch, referring to the Federal Shared Revenue Fund, explained that he had recommended to the Council that all capital expenditures be budgeted in this fund. He reviewed the equipment requested and which Department had made the request. Total balance in Federal Shared Revenue Trust Fund is $209,540. Councilman Van Dusen asked if the $10,000 in the Underground Assistance Program could be used other than just for the Undergrounding Project. He stated that the Council still has to establish the criteria for its use. Councilman Harris asked what type of assistance was this referring to. She further stated that she thought it is not legal to make a gift to a citizen for home repair. Mayor Bauch stated that home repair is within the guidelines. This is aiding the Senior Citizens and is not a gift. Councilman Harris stated that her interpretation was that the aiding of the Senior Citizens meant a program type of thing, not individual help. There were no further questions from the audience on capital expenditures. Joanne Davis, 5906 South 144th, had the following comments to make: 1. She was glad to see money budgeted for disaster relief. 2. She had hoped to see the Federal Shared Revenue money budgeted for larger items that the citizens could see, such as a Community Center or Library. 3. One of her wishes was to see the City purchase a microfilm machine. This would assure that records would be available in the future, it would be a protection for the City. 4. She further stated that she is opposed to City funds being used for the Thorndyke building at this time. Mr. R. Regel stated that he is not in favor of spending City funds on the Thorndyke building. Mrs. Rena Holloway, 14451 59th Ave. South, stated that she is of the same opinion. The money should be spent on the people here. Councilman Van Dusen stated that the Council was just trying to find a place to house the Seniors. If someone can find a place within the City it would be fine. Mrs. Mabel Harris, 14301 Interurban Ave. South, stated she had hoped for funds for library service. Mayor Bauch explained that he has a group of citizens studying this and they will come back to the Council with a recommendation. Mayor Bauch called for any other comments from the public. There being no further discusion, he declared the Public Hearing closed and stated that the Council will meet to consider the suggestions submitted and finalize the budget. Sam Ruljancich, Fire Fighter, asked about the status of the Social Security Funds. He questioned the funds not being included in the budget. Mayor Bauch stated that when the funds come in they will have to be budgeted. Councilman Traynor stated that any future funds are distributed throughout the budget. TUKWILA CITY COUNCIL REGULAR MEETING December 6, 1976 Page 7 DISCUSION Cont. Social Security, Fire Dept. OMC ADJOURNMENT 10:20 P.M. 1698 Sam Ruljancich questioned since the funds have not been budgeted are they to assume that this benefit has been discontinued to these employees despite the opinion of the City Attorney. Councilman Traynor stated that the Fire Fighters were told the money would be returned to the General Fund. Councilman Harris explained that she thought the money to be left in the General Fund was the money which would be returned to the City by Social Security. She was unaware that it also meant future funds and did not believe the Council had made a definite decision not to participate in an alternate plan. If a definite decision has not been made it would be advisable to do so. Councilman Traynor said he thought a clear -cut decision had been made. Mayor Bauch, recalling the past events, stated the Council voted not to participate at the present time, they also agreed to set up a program with the Fire Fighters funds for their benefit and, further that this would be an item for negotiations during the next year. Sam Ruljancich asked if the Fire Fighters want some type of program of their own set up will the City do so? Mayor Bauch said yes the City would administer the program. Councilman Van Dusen noted that the 12 ton truck requested for the Sewer Department is not adequate and needs to be a 2 ton. Mayor Bauch asked the Council if they want administration to have an Ordinance drawn up for OMC. Councilman Hill stated he would like the administration to present one to the Council for their review. MOVED BY HILL, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. G 6 die Edgar D(/ Bauch, Mayor Ma*ine Anderson, City Clerk