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HomeMy WebLinkAbout1977-03-28 Committee of the Whole MinutesMarch 28, 1977 TUKWILA CITY COUNCIL 7:30 P.M. COMMITTEE OF THE WHOLE MEETING CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS DISCUSSION Request for Waiver Res. #489: Rezone from C -1 C -3 to C -2 RMH VIPS Restaurants, Inc. Tukwila Park Board Arts Commission Ltr. re: rockery on So. 144th St. adjacent to west of Tukwila Presby. Church M I N U T E S TRYANOR, HILL, SAUL, MRS. PESICKA, VAN DUSEN, BOHRER. /7,3 City Hall Council Chamber! Council President Hill called the Committee of the Whole Meeting to order at 7:35 P.M. APPROVAL OF MINUTES MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THE MARCH 14, 1977 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. CARRIED. Kjell Stoknes, Director of the Office of Community Development, explained the proposed waiver request is to allow rezoning of property along Southcenter Boulevard from Unclassified, C -1, and R -3 to C -2 and RMH. The C -2 request is to allow for a cocktail lounge to be added to the existing VIP's restaurant; the RMH zoning is to allow for a motel to be built on the hillside behind the restaurant. Presently, the frontage of the property is zoned C -1 except for the "Unclassified" portion recently purchased from the State Highway Department. Part of the subject property to the rear is zoned RMH and the remainder to the east is zoned R -3. He said the above mentioned proposal requires a waiver from the provisions of Resolution No. 489 before a rezone application can be made. Mr. Stoknes said while the entire proposal seems to generally conform to the emerging Land Use Plan Map and Commerce /Industry element policies the motel proposal on the steep slope seems to conflict with Natural Environment element policy. He said any rezone application must give environmental considerations under the City's SEPA guidelines. In conclusion he said the staff recommends the City Council grant the waiver request. Councilman Traynor asked how soon the comprehensive land use plan would be ready. Mr. Stoknes said it should be ready by Thursday, March 31, 1977. Councilman Pesicka asked if there was any reason this waiver request could not wait for approval of the comprehensive land use plan. Councilman Saul said it might take six weeks or so to approve the comprehensive land use plan. Mr. Stoknes said staff was recommending that the Council let the appli- cant apply for rezone. Councilman Bohrer said there is one difference between this request and some other requests. This one, according to Staff, appears to be in accordance with the Land Use Plan. Mr. Stoknes said the Council could grant the waiver and when the rezone req- uest comes before the Council they have the option of saying "yes" or "no." MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED WAIVER REQUEST FROM RESOLUTION #489 BY VIP'S RESTAURANT, INC. BE ON THE AGENDA FOR THE APRIL 4, 1977 REGULAR COUNCIL MEETING. CARRIED. Mayor Bauch said in view of the discussion at the Work Shop there have been proposals to enlarge the membership of the Park Board and establish an Arts Commission in the City. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT ADMINISTRATION PREPARE AN ORDINANCE ENLARGING THE PARK BOARD AND ESTABLISHING AN ARTS COMMISSION. CARRIED. Council President Hill explained the situation which prompted the letter stating that at the time the church was to be moved up the hill from the old location at 53rd Avenue South the moving was temporarily halted because members of the church board and Jim North could not reach an agreement over a concrete retaining wall on the North property that had to be removed before the church could be moved to its present location. Mr. Gene Ives finally told Mr. North that if he allowed removal of the wall he would take responsibility of having the wall replaced or pay for the replacement. Legal documents were drafted to this effect. In his letter Mr. Ives said he had assumed this matter had been taken care of until Mr. North had called for further dispo- sition on the wall. Councilman Van Dusen said the City put the rockery in and left the top unfinished. Council President Hill said the rest of the rockeries were finished and brought up to grade level. Mr. Ives said he thought if the wall was brought up to uniform height it would make Mr. North happy. Council President Hill said he thought that TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 28, 1977 Page 2 DISCUSSION Contd. Ltr. re: rockery on So. 144th St. adj. to west of Tukw. Presby. Church Contd. Christensen Green= belt, Interim Trail Solution Prop. Res. auth. Mayor enter a Relinquishment Agreement with St. of Wash. Hwy. Comm. Prop. Res. setting time date to consider peitition for str. vacation Prop. Res. ordering the cancellation of outstanding munic. wrts. Recommendation City Atty. re Wayne Parker's ltr. to grant agencies would be fair considering what the City had done for the rest of the people up and down the hill when the building was moved. He said he felt the price of $990 to raise the rockery approximately two to three feet was high and the price should be checked out a little. Council- man Traynor asked if the City could legally do it as it was done by arterial grant. Council President Hill said he would check with the City Attorney to see if it can be done. Councilman Traynor said if there is an ordinance it should state it was an oversight and the work is being done to correct something that was left unfinished. Councilman Bohrer asked if anyone had talked to the owner to see if this would be acceptable to him. Gene Ives, audience, said he thought it would be agreeable. He said he would ask Mr. North if this would be acceptable. Carol Stixrood, Office of Community Development, said he had worked out a cost estimate to barricade all access points and provide an 8 foot oiled trail between So. 180th and Tukwila Parkway as an interim trail solution for the Christensen Greenbelt. The cost would be $5,064 assuming City labor is used. He said this plan would leave out the trees. Councilman Saul said he would like to see some people and businesses donate some trees and shrubbery to be used on the trail. Councilman Saul said the City may not need Phase III of the plan, such as the lighting. Mr. Stixrood said Staff needs to know if they should go ahead for the interim trail solution and then go for a grant for Phase II. Council President Hill said he would like to go ahead with Phase I and then go for a grant for Phase II. MOVED BY MRS. PESICKA, SECONDED BY SAUL, THAT STAFF GO AHEAD WITH PHASE I INHOUSE AND GO FOR A GRANT FOR PHASE II MINUS THE TREES AND THIS BE ON THE AGENDA FOR THE APRIL 4, 1977 REGULAR COUNCIL MEETING. CARRIED. Mayor Bauch said the proposed resolution is a housekeeping resolution. He said the State is ready to turn over the areas of right -of -way that have been surplussed. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE ON THE AGENDA FOR THE APRIL 4, 1977 REGULAR COUNCIL MEETING. CARRIED. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THE PROPOSED RESOLUTION SETTING THE TIME AND DATE TO CONSIDER THE PETITION FOR A STREET VACATION BE ON THE AGENDA FOR THE APRIL 4, 1977 REGULAR COUNCIL MEETING. CARRIED. Mayor Bauch said one of the recommendations of the auditor was that the City cancel the listed outstanding warrants. A resolution is needed to take care of the cancellation. MOVED BY TRAYNOR, SECONDED BY BOHRER, THAT THE RESOLUTION ORDERING THE CANCELLATION OF OUTSTANDING MUNICIPAL WARRANTS BE ON THE AGENDA FOR THE APRIL 4, 1977 REGULAR COUNCIL MEETING. Mayor Bauch said the two warrants made out to Robert B. Anderson were lost and a bond had to be presented in order to issue duplicate warrant. Mr. Anderson said he would forget about them. The rest of the warrants were bills that were paid and subsequent checks were issued so they werE issued twice. He said this is not really money existing, except in the case of Anderson. He said they have been carried on the books for some time and should be cancelled. *CARRIED. Council President Hill read draft of letter prepared by the City Attor- ney in reply to Wayne Parker's letter, written in behalf of Frank Todd, to various grant agencies. Councilman Van Dusen said it appeared there had been a breakdown in communication, he had thought it was the responsibility of the Council to write the letter after they had recei- ved legal advice from the City Attorney. Frank Todd, audience, asked for a copy of the letter. He asked what the proper procedure would be to apply for access to the sewer. Mr. Todd said he had gone to Mr. Hall, Director of Public Works, with his application and he had approved the proposal inasmuch as it complied with the comprehensive TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 28, 1977 Page 3 DISCUSSION Contd. Recommendation City Atty. re Wayne Parker's ltr. to grant agencies Contd. RECESS 9:00 P.M. -9:10 P.M. Mayor's Veto of Ord. #1010, Salary Wage Plan Planning Commission /7p--4 plan. It was not approved by the City Council. Councilman Pesicka said the Todd applicant was not turned down because Mr. Todd did not follow proper procedure, it was because they were afraid he was going to build apartments on the property. Councilman Traynor said he felt the City Attorney should not respond by the letter, he should offer legal advice to the Council and they would provide the letter to the grant agencies, if they wanted to.Mayor Bauch said the letter had not been mailed, the Council could review it before it is mailed. Councilman Traynor said he felt the letter answered the thoughts of the Council, he did not feel Mr. Todd was disciminated against, and if he was he had rcourse. Councilman Pesicka said she thought the Council should not agree to something that was not true, Mr. Todd was not turned down due to improper application. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE CITY ATTORNEY'S LETTER DATED MARCH 24, 1977 IN RESPONSE TO LETTER FROM WAYNE PARKER CONCERNING GRANT APPLICATIONS WRITTEN ON BEHALF OF MR. FRANK TODD BE ON THE AGENDA FOR THE APRIL 4, 1977 REGULAR COUNCIL MEETING. CARRIED. MOVED BY MRS. PESICKA, SECONDED BY SAUL, THAT THE COMMITTEE OF THE WHOLE MEETING RECESS FOR TEN MINUTES. CARRIED. The meeting was called back to order by Council President Hill with all Council Members present as previously listed. Council President Hill said the Council passed Ordinance No. 1010 which has been vetoed by the Mayor. He said Council Procedures say that all material for the agenda must be given to the City Clerk by Wednesday in order to be on the agenda. Councilman Traynor said it makes it difficult to get the letter of veto on the Table unexpectedly when Council Members may not have their files with them and may not be prepared to discuss the matter. Mayor Bauch said he did not have to detail his veto until Wednesday, but he had presented it at this meeting so the Council would have time to consider it at this meeting if they wished. Councilman Van Dusen said he thought there should be some discussion on it, since there were people in the audience who had come for that purpose. Judge Payne, audience, said he would like to speak on behalf of the court employees. He said last December there had been some discussion about the work the court does, since it is an operation the Council does not see too much of. He said the court does not set its own pace the court follows up on the Police Depart- ment and the Police Department is fairly big business for the City of Tukwila. Most people's contact with the judicial comes with the court and the type of service they get is important. He said he had been in many courts in the past twenty years and he thought the personnel in the Tukwila court office are efficient and competent. He said Mrs. Johnston had come up through the Police Department and the job is not in the category of clerk. Much of it is public relations work many of you have been in the court office and you know that it is not always easy to keep things running smoothly and the public relations work is important. We want people to think they are treated with courtesy. The girls in the court office are doing their job well and doing it on a professional basis. Councilman Traynor suggested the Council meet to discuss the points in the Mayor's letter of veto. Councilman Saul suggested the Council meet in Executive Session on Monday. Coun- cilman Bohrer said he would like to prepare a letter regarding Ordinance No. 1010 and submit it to the Council before next Monday night. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE MAYOR'S VETO MESSAGE OF ORDINANCE #1010, SALARY AND WAGE PLAN, BE ON THE AGENDA FOR THE APRIL 4, 1977 REGULAR COUNCIL MEETING. CARRIED. Council President Hill said two Council Members were needed to serve on the Planning Commission. Councilman Van Dusen said maybe two Council Members should not be ex officio member, perhaps a new ordin- ance should be drawn up to change the membership part of the ordinance. Councilman Bohrer said an ex officio member denotes a non voting member. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 28, 1977 Page 4 DISCUSSION Contd. Public Safety Committee Norma Booher, Recording Secretary /7gC Councilman Van Dusen said a meeting of the Public Safety Committee was held on March 24, 1977. Pawnshops and second hand stores were dis- cussed, also amusement machines were discussed. Mayor Bauch said some of these games are popular in the East, they are trying to estab- lish them as family entertainment. Councilman Van Dusen asked the Council if the City should put some kind of a fee on these machines, or what kind of control does the Council want to have? We might have another "Renton Loop" in Tukwila. He said the Committee discussed the controls the City should have. Councilman Van Dusen said some businesses use a Seattle address and if the City does not get a busi- ness license from them the 1/2 cent sales tax goes to Seattle. The City has to see that every business has a license so the sales tax will come to Tukwila. Mayor Bauch said we do not know that we get all of the businesses. He said most of the tips on new businesses come from the Fire or Police Departments. Mayor Bauch said sometimes a store has a jewelery section or shoe repair shop, etc., leased out and they need a business license. Councilman Saul said the leasing office at Don Koll could tell new occupants they need a business license. Council President Hill said the City could impose $100 fine on anyone who does not come in within a week for a license. Councilman Van Dusen said he was checking into ordinances from other cities regarding amusement licenses. Councilman Pesicka said once a business gets a licence they are given a number and then Tukwila gets the tax. Kjell Stoknes, Director of Community Development, said a part -time building inspector could be used to look for businesses who had not bought their licenses. The part -time building inspector had been funded in the budget. Council President Hill asked Mayor Bauch if he would ask Jim Hoel to attend the next Committee of the Whole meeting on April 11, 1977 to tell the Council how many new businesses in a quarter. Undergrounding Councilman Traynor said there are still a lot of wires hanging to houses. Mayor Bauch said if they are not taken down in 90 days then the City takes them down and bills the individual. Winterization Prog. Mayor Bauch said King County has notified the City that there is needs money available on the block grant program. King County is putting together. a Winterization Program which would operate in conjunc- tion with other housing repair activities. This program would provide insulation, caulking, vapor barriers and other home energy conservation elements for low and moderate income houses. To participate Tukwila has to agree to co- sponsor this proposal. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT THE CITY CO- SPONSOR THE "NEEDS MONEY" WINTERIZATION PROGRAM AND A MOTION BE DRAFTED TO BE CONSIDERED AT THE APRIL 4, 1977 REGULAR COUNCIL MEETING. CARRIED. Recreation Supervisor Kjell Stoknes, Director of Community Development, said the position of Recreation Supervisor has been filled. Council President Hill said the Council would like to meet the new Recreation Supervisor at the next Council meeting. ADJOURNMENT MOVED BY SAUL, SECONDED BY MRS. PESICKA, THAT THE COMMITTEE OF THE 10:15 P.M. WHOLE MEETING ADJOURN. CARRIED.