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HomeMy WebLinkAbout1977-09-06 Regular MinutesTUKWILA CITY COUNCIL REGULAR MEETING September 6, 1977 7:00 P.M. MINUTES FLAG SALUTE AND CALL TO ORDER VOUCHER APPROVAL PUBLIC HEARINGS The Community Development Plan (1978 1980) /73g Tukwila City Hall Council Chambers Mayor Bauch, presiding, called the regular meeting of the Tukwila City Council to order. ROLL CALL OF LIONEL C. BOHRER, DWIGHT R. GARDNER, GEORGE D. HILL, PHYLLIS D. PESICKA, COUNCIL MEMBERS DANIEL J. SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN. OFFICIALS IN KJELL STOKNES, OCD Director; MABEL J. HARRIS, City Treasurer; ATTENDANCE LAWRENCE HARD, City Attorney; MAXINE ANDERSON, City Clerk. MINUTE APPROVAL MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 15, 1977, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE VOUCHERS, INCLUDING VOUCHER NO. 3189, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. Councilman Traynor asked if it is the intent of Council to purchase sunglasses for every employee that presents a voucher? Councilman Hill stated that this was discussed, and it was decided that Council cannot initiate a policy and make it retroactive. The Mayor has initiated an Administrative Policy that does not include sunglasses. Councilman Traynor stated that this started some time ago, and it seems Council is paying for "just one more." Councilman Van Dusen stated that there has been no directive to stop it; Policy 01 -12 will do that. Councilman Traynor stated that he disagrees and does not think it a wise expenditure of the tax payers' money and cannot approve the voucher. MOTION CARRIED WITH TRAYNOR VOTING NO. Vouchers No. 3432 3570 Current Fund 3432 3534 $37,632.13 Street Fund 3535 3543 6,255.55 Title II Revenue 3544 74.73 Fed. Shared Revenue 3545 3553 1,668.43 City Hall Construction 3554 27,546.93 Water Fund 3555 3561 3,471.19 Sewer Fund 3562 3570 889.68 $77,538.64 BID OPENINGS AND AWARDS Call for Bids, MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT OCTOBER 3, 1977, 2:00 P.M. Notice of Bond Sale, BE SET AS THE DATE FOR THE CALL FOR BIDS FOR THE SALE OF THE LIMITED City Hall Construction GENERAL OBLIGATION BONDS. MOTION CARRIED. This being the time and date published, Mayor Bauch explained that the City is required to hold a Public Hearing on adoption of a Three -Year Housing and Community Development Plan which identifies the needs of the community and the strategy by which those needs will be met through the expenditures of Housing and Community Development Block Grant Funds. The City qualifies under population money which amounts to approximately $15,000 per year. The Plan identifies two target areas of need. The residential neighborhoods of Tukwila where the families of low /moderate income are dispersed throughout and the Interurban Avenue corridor whicI is identified as being in a deteriorating condition. Kjell Stoknes, OCD Director, stated that his department will be back to Council at a later date with a specific proposal on spending the allocation for 1978. TUKWILA CITY COUNCIL REGULAR MEETING September 6, 1977 Page 2 PUBLIC HEARINGS Cont. The Community Development Plan (1978 1980) Cont. CITIZENS' COMMENTS Frances North, ingress and egress to property at 42nd Ave. South and Interurban FIRST READING OF ORDINANCES Ordinance #1033 providing for the issuance of $1,500,00 Limited G.O. Bonds for constructing and equipping a new city hall Mayor Bauch declared the Public Hearing open and asked for any comments or questions from the audience. There being no comments, Mayor Bauch closed the Public Hearing. Mrs. Frances North, Box 441, North Bend, Washington, explained an item of concern involving a piece of property owned by her family, the Codigases, in the north end of the City. There is a proposal now for the sale of an adjacent piece of property, formerly belonging to Mr. Banchero, to a trucking company. They are proposing a new ingress and egress to the property, and Mrs. North states that this change is a dangerous one. This access is only 157 feet from the three phase signal at 42nd Avenue South and Interurban. There is no area provided for the stacking of large rigs wanting to make left turns. She states that to allow an access at this point will jeopardize safety and doesn't make sense. She asked Council to look over this situation before it is approved. She further stated that the present access in the area is used at least once a day to move the cattle, and they need it open. Kjell Stoknes, OCD Director, verified that there has been a proposal for a trucking company to locate on this property. He stated that the access is a problem; it may not be the best place to put it, but it is available. Councilman Bohrer stated that he has traveled this route and found that trucks do not respect the intersection; they see a caution light but continue through the intersection on the red signal. He also expressed concern over this access. Mayor Bauch stated that he will refer this matter to the Office Engineer for a staff report. PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS Summons No. 833525, Mayor Bauch recognized for the record receipt of Summons No. 833535, Carlina Wheeler vs. Carlina Wheeler and Carlina Wheeler as Guardian ad litem for Terrell City of Tukwila Edward Espanol, a minor, vs. City of Tukwila and John Doe Policeman and Jane Doe, his wife. This has been referred to the City Attorney who informed the Mayor that it is an insurance matter. 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 issuance of $1,500,000 par value of "Limited General Obligation Bonds, 1977," of the City to provide a part of the funds to pay the cost of constructing and equipping a new City Hall on the site of the existing building housing the Public Works Department, Planning Department and Office of Community Development at 6230 Southcenter Boulevard; specifying the maturities and fixing the form and maximum effective interest rate of such bonds; establishing a "Limited General Obligation Bond Fund, 1977," and providing for the sale of the bonds. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT ORDINANCE NO. 1033 BE ADOPTED AS READ. Councilman Saul asked about the denomination of the bonds being in the amount of $5,000 and wondered how anyone could buy them. Mayor Bauch explained that someone will probably bid on the whole group. TUKWILA CITY COUNCIL REGULAR MEETING September 6, 1977 Page 3 FIRST READING OF ORDINANCES Cont. Ordinance #1033 providing for the issuance of $1,500,000 Limited G.O. Bonds for constructing and equipping a new city hall Cont. Ordinance #1034 providing for appropriation of funds for a Planning Division Intern Proposed Ordinance establishing procedures for review of projects inconsistent with the new Comprehensive Land Use Plan /q`/C) Al Pieper, Building Official, noted the address assigned to the new building is 6200 whereas the address in the ordinance is 6230, the address of the existing Public Works building. Attorney Hard stated that he did not believe the change of address has any bearing on the legality of the oridance. MOTION CARRIED. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Deputy City Attorney Hard read an ordinance providing for the appropria- tion of funds for a planning division intern and amending 1977 Budget Ordinance #1002. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT ORDINANCE NO. 1034 BE ADOPTED AS READ. MOTION CARRIED. Kjell Stoknes, OCD Director, introduced a newly revised copy of the proposed ordinance. Mr. Stoknes reviewed the background that led to the current revisions. It was highly probably under the original ordinance that every application for a building permit could require a waiver. They felt this was not a good land use measure so they are proposing to liberalize it and state that only those land use actions inconsistent with the new Comprehensive Land Use Map or permits in sensative areas would require a waiver. Mr. Stoknes then explained the changes section by section. The wording in Section 3, Waiver Required, would take the burden off staff to interpret all the policies. The new Section 5, Waiver Request, identifies new criteria that takes place of the ones in the other ordinance. The criteria here was analyzed under Resolution #489 which has worked for the Council, is a known element, and they are proposing to continue working with these criteria. Mr. Stoknes continued to explain other changes. Mr. Stoknes stated that these changes take away nuisance time in processing for an applicant and does not add the burden of time requirements on the Council and staff. Councilman Hill noted that he felt there was still a problem with Section 1: 'All segments of the City are directed to bring the existinc City of Tukwila zoning ordinance and map into conformance with the new Comprehensive Land Use Plan.' This says we have one year to down -zone all property designated as R on the new Comprehensive Land Use Map. Mr. Stoknes stated that this concept was taken from Resolution #489. He further stated that he is not saying he is a strong advocate of this ordinance but wanted Council to know the implications of adopting or not adopting it. The implications of not adopting it would be that Resolution #489 would go out of effect upon adoption of the new Comprehensive Plan and any building permit application would have to be accepted for a permit, processed and issued if it complies. This may or may not be consistent with the Comprehensive Land Use Map. This ordinance is an interim regulatory measure and would give Council a chance to decide, based on the criteria in the ordinance, whether or not it is consistent. Councilman Hill expressed concern with problems arising over the property actually zoned other than R -1 but designated as R -1 on the new Comprehensive Map. Attorney Hard stated that any existing structures on this property would become a conditional use. He explained that Section I is simply policy statement. It does no good to adopt a Comprehensive Plan if it is not going to be followed by changing the zoning ordinance. He stated that he is a strong advocate of this ordinance. TUKWILA CITY COUNCIL REGULAR MEETING September 6, 1977 Page 4 FIRST READING OF ORDINANCES Cont. Proposed Ordinance establishing procedures for review of projects inconsistent with the new Comprehensive Land Use Plan Cont. /9Y/ Councilman Pesicka stated that Council has prefaced every meeting with the statement that this is not a zoning map and now, the way this reads, we were making a zoning map. She said that she is not comfortable with this. She questioned drawing up an ordinance on contract zoning. Attorney Hard stated there were a number of different courses the City can take, but he cautioned against piecemeal zoning and land use. Councilman Van Dusen stated that he does not feel the zoning map and comprehensive plan should mesh exactly. This ordinance is making the Comprehensive Plan Map a zoning map, and we have been saying that it isn't. He stated he would like to take another two weeks to study the new, revised ordinance. Councilman Saul stated that he feels this ordinance sets the controls Council wants at this time and that Council should go along with the adoption of it. Councilman Gardner expressed that by having the Comprehensive Map different from the zoning map you can allow for contract zoning. Councilman Traynor stated that it was a general comprehensive map that got four -story apartments next to single family residence, and he doesn't like the idea of a general comprehensive map. He further stated that he supports the ordinance, because we do need the controls. Cris Crumbaugh, audience, noted that the ordinance has changed drastically in the past few weeks, and it has been for the better. He agreed that the City needs some type of a control ordinance. Since the revised ordinance was presented to Council just this evening, Mr. Crumbaugh asked for a copy of the new ordinance and for time to study it so he can comment on it. Robert Thorpe, audience, also stated he would like a chance to look over the new ordinance. It looks like it is an improvement over the past drafts. He noted a couple of problems he sees. Mr. Thorpe also stated that if this ordinance is passed, it is down zoning, and he expressed concern. Dennis Robertson, audience, stated that the Tukwila McMicken Action Committee checked on the real estate taxes on the CHG property and found that they were paying 15 percent to 18 percent per year more than the R -1 property. The taxes being paid on this multiple zoned property compared to the selling value is significantly less than the R -1 zoned property. Second, if this ordinance doesn't go through, we will probably have a multiple development on the Jack Anderson property. Thomas Lawrence, McMicken Heights, stated that Council has to set their values and who they lie with families, kids, residents of the area or the commercial property owner. John Barnes, audience, stated that the biggest question here seems to bE the Comprehensive Plan becoming a zoning map. It has been stated here many times that the Comprehensive Plan is not zoning, but this ordinancE is accomplishing that very fact. The Council doesn't just serve one or two members of the community but the community as a whole. He expressec concern if Council is going to make the Comprehensive Plan a zoning plan Ernest Onorati, 5102 South 163rd Place, stated that the Highline Community Plan recognizes all of the property in this area as single family dwellings and that is what it should stay. Therefore, the City Council has no alternative but to pass this unanimously 100 percent to protect the single family dwellings. Graydon Smith, audience, stated that he owns property above VIP's which he paid considerable for and now it is going to be down graded to R -1. It was bought as R -3 and rezoned to R -4 and RMH. The environmental impact statement for the entire project was approved by the City, and he was asked by the City Engineer and possibly the Council not to build TUKWILA CITY COUNCIL REGULAR MEETING September 6, 1977 Page 5 FIRST READING OF ORDINANCES Cont. Proposed Ordinance establishing procedures for review of projects inconsistent with the new Comprehensive Land Use Plan Cont. RECESS 8:35 P.M. 8:45 P.M. Resolution #600 Approving a three year Community Development Plan this last year because the access was not good enough. If the road goes through this next year, he would like to build. Mr. Smith asked if this ordinance goes through will his property be R -1 or R -4? Frank Todd, audience, stated that the Highline Community Plan does not address the area south of South 178th and east of the freeway. Jim McKenna commented that the concept of the Comprehensive Plan and this ordinance go together. The two should be voted on the same night. Kjell Stoknes stated that some seem to see this ordinance as zoning but there is another way to look at it. It is a policy that says if it is not consistent with the map, it will come before Council for review and input and they will decide if it is consistent with the plan. There is a vast difference between zoning and policy decision. Councilman Pesicka stated that this is a target date to develop and adopt a zoning ordinance and map that should reflect the desires of the comprehensive plan. It does not mean that it will be done by then. Council has the power to change this date. Mayor Bauch stated that in drawing a new zoning map usually a moratorium on building permits is declared until the map is completed. This ordinance says we are not going to do this; we are going to discuss the areas of concern. To say that this ordinance is a down -zone it's not. Councilman Hill stated he is bothered by passing a Comprehensive Land Use Plan that will be revised several times in the next year. This isn't good planning. Councilman Bohrer stated that he is eager to get this ordinance and the Comprehensive Plan passed. Council has been very diligent to hear everyone express his opinion. The problem here is that we have not had time to review this ordinance, and it is essential to allow time. MOVED BY BOHRER, SECONDED BY HILL, THAT THIS ORDINANCE AND THE COMPREHENSIVE LAND USE PLAN BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 12, 1977. MOTION CARRIED. MOVED BY MRS. PESICKA, SECONDED BY HILL, THAT COUNCIL RECESS FOR 10 MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order. All Council members were present as previously reported, except Councilman Saul. Mayor Bauch noted two resolutions not on the agenda to be considered at this time. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE AGENDA BE AMENDED TO INCLUDE A RESOLUTION AND THAT THE PROPOSED RESOLUTION APPROVING A THREE YEAR COMMUNITY DEVELOPMENT PLAN BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution approving a three -year Community Development Plan required for participation with King County in applying for funds pursuant to the Community Development Act of 1974. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT RESOLUTION NO. 600 BE ADOPTED AS READ. Councilman Hill asked if Council wants to adopt this resolution the same night as the public hearing. Mayor Bauch explained that there is a requirement to submit this to the County by September 9. Since there was no audience comment at the public hearing, he requested Council adopt the resolution this evening. MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING September 6, 1977 Page 6 Resolution #601 Authorizing the Mayor to execute an agreement for Cooperative Action with Public Hospital District #1 (Mobile Intensive Care Unit) DEPARTMENT REPORTS Mayor's Report City Hall Site, Excess Dirt City Hall, Interior Decorator Optical Policy Seminar Cancelled Attorney's Report MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Bluff Street Hiking Trail Golf Course Report from Public Safety Committee MOVED BY HILL, SECONDED BY BOHRER, THAT THE AGENDA BE AMENDED TO INCLUDE A RESOLUTION ON THE MOBILE INTENSIVE CARE UNIT. MOTION CARRIED. MOVED BY HILL, SECONDED BY PESICKA, THAT THE PROPOSED RESOLUTION BE REAL MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to execute an agreement for Cooperative Action with Public Hospital District #1, as lead agency, to provide a mobile intensive care unit. MOVED BY MRS. PESICKA, SECONDED BY VAN DUSEN, THAT RESOLUTION NO. 601 BE ADOPTED AS READ. MOTION CARRIED. Mayor Bauch explained that the architect discovered a discrepancy in the elevation of city hall. There is more dirt at the site than anticipated. He asked Council if they wanted the excess dirt stock piled. Discussion followed on the need for this dirt for landscaping and the cost of having it removed. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT IF THERE IS EXCESS DIRT AT THE CITY HALL SITE, IT BE STOCK PILED. MOTION CARRIED. Mayor Bauch reported that the architect recommends the City take action on the interior decorations for City Hall. He wants to know how Council plans on handling this. Are we going to handle this in-house or have an interior decorator. There is $15,000 budgeted for an interior decorator. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 12, 1977. MOTION CARRIED. Mayor Bauch called Council's attention to the Employee Optical Policy recently issued. Mayor Bauch poled the Council to see who would be in attendance at the seminar scheduled for September 9 and 10. Since most Council members have previous commitments, it was decided to cancel the seminar. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE SEMINAR BE CANCELLED AND RESCHEDULED FOR SEPTEMBER 14, 1977, AT 7:00 P.M. MOTION CARRIED. Deputy City Attorney Hard reported that the month of August has been quiet. There was one lawsuit filed by Jack Benaroya challenging the Sign Code. The Fire Department suit will be heard on Thursday of this week. Basically they are asking for two things: (1) they want their half of the Social Security money which was refunded, and (2) they are claiming that the City deprived them of an employment right the right to a pension plan when the City did not continue to make the money available to them for a separate annuity plan. Councilman Pesicka asked about the retaining wall on the Bluff Street Hiking Trail. Mayor Bauch stated that the design has not come back yet. The recent rain did not affect the area. Councilman Traynor asked the status on the Golf Course. Attorney Hard stated that they are in the process of negotiations. The City made an offer and it took two to three months before it was responded to. Councilman Van Dusen reported that after the Public Meeting on the coin operated devices, it was decided to rewrite the proposed ordinance. Next week he intends to report to Council on the closing hours of the Police Station. He also reported that the Noise Survey seems to be a success. They have received over 200 of them back to date, and he will compile the information for Council. TUKWILA CITY COUNCIL REGULAR MEETING September 6, 1977 Page 7 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Utility Undergrounding Councilman Traynor asked about problems on the undergrounding on 59th Avenue South. Mayor Bauch explained that the problems on the steps and driveways are being taken care of. AUDIENCE Joanne Davis Anna Bernhard EXECUTIVE SESSION: 9:25 P.M. 9:50 P.M. ADJOURNMENT Mrs. Joanne Davis commented that the power company and Teleprompter have not been out to make their necessary installations on the under grounding so the ditch is still open and a number of shrubs have died. They were all notified at the same time and the telephone company came immediately. Mrs. Anna Bernhard asked why they were not undergrounding her residence when they were working on 59th Avenue South. Her house will not be connected until 1979. Mayor Bauch explained that there was a schedule drawn in 1971 and the City is following it. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT COUNCIL GO INTO EXECUTIVE SESSION TO DISCUSS THE PURCHASE OF FOSTER GOLF COURSE. MOTION CARRIED. Those attending the session besides the Mayor and Council were Attorney Hard and Attorney Hodge (representing the Aliments). MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. 9:51 P.M. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL BE ADJOURNED. MOTION CARRIED. (%afi d &eed Edgar D.$auch, Mayor Maxine Anderson, City Clerk