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HomeMy WebLinkAbout1978-01-16 Regular MinutesJanuary 16, 1978 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL APPOINTMENTS Finance Director: Ron F. Swanson Public Works Director: Terence R. Monaghan 203 Tukwila City Hall Council Chambers TUKWILA CITY COUNCIL REGULAR MEETING M I N U T E S Mayor Bauch, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, Council President, J. REID JOHANSON, DANIEL J. SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN LAWRENCE HARD, Deputy City Attorney; KJELL STOKNES, OCD Director; RICHARD WILLIAMS, Acting Public Works Director; MAXINE ANDERSON, City Clerk. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE MINUTES OF THE REGULAR MEETING OF JANUARY 3, 1978 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE MINUTES OF THE SPECIAL MEETING OF JANUARY 9, 1978 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. Mayor Bauch withdrew Vouchers No. 4798 and 4817 from payment. They concern the uniform allowance for the Fire Chief and the Fire Marshal. MOTION CARRIED. Final 1977 Expenditures: Vouchers No. 4743 4782 Current Fund 4743 4763 Street Fund 4764 4767 Water Fund 4768 4775 Sewer Fund 4776 4782 1978 Expenditures: Vouchers No. 4783 4921 Current Fund 4783 4890 Street Fund 4891 4898 Fed.Shared Rev. 4899 City Hall Const. 4900 4904 Water Fund 4905 4911 Sewer Fund 4912 4921 LID 27 C 38 39 $9,852.50 MOTION CARRIED 9,100.94 575.13 11,824.25 12,126.12 $33,626.44 38,680.60 1,704.01 368.90 57,629.24 1,486.11 10,460.67 $110,329.53 Rev 12 $9,852.50 Letter from Mayor Bauch dated January 12, 1978 was read for the record. Mayor Bauch is asking Council to confirm Mr. Ron F. Swanson as Tukwila's first Finance Director. MOVED BY HILL, SECONDED BY MRS. HARRIS, THAT COUNCIL CONCUR WITH THE MAYOR'S RECOMMENDATION OF RON F. SWANSON FOR FINANCE DIRECTOR. MOTION CARRIED. Mayor Bauch's letter presenting Mr. Terence R. Monaghan to Council to fill the position of Public Works Director was read for the record. MOVED BY HILL, SECONDED BY MRS. HARRIS, THAT COUNCIL CONCUR WITH THE MAYOR'S APPOINTMENT OF TERENCE R. MONAGHAN AS PUBLIC WORKS DIRECTOR. Mayor Bauch pointed out to Council that the proposed budgeted salary was at Grade 1, Step 1 but he has offered Grade 1, Step III for this position. TUKWILA CITY COUNCIL REGULAR MEETING January 16, 1978 Page 2 PUBLIC HEARINGS Cable TV Rate Increase PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS 2035 This being the time and date advertised, the Public Hearing is being held on a rate increase proposed by TelePrompTer Cable TV. Mayor Bauch explained that the franchise allows TelePrompTer to raise the rates but also gives the City Council the right to protest if they find the increase unfair. Mayor Bauch declared the Public Hearing open. Mr. Jim Hurd, Office of Cable Communications, offered to explain the rate increase if there were any questions. There being no questions or comments from the audience, Mayor Bauch declared the Public Hearing closed. Claim for Damages: Submitted claim for damages arose over an accident involving the Karen Smallbeck claimant, Karen Smallbeck, and a Tukwila Police vehicle. Repair estimate of $227.66 is below the $250 deductible provided by the City's existing liability coverage. John McFarland, Administrative Assistant, recommended that the claim be awarded in the amount of $227.66. OLD BUSINESS Discussion on density for Schneider Apts., 65th Ave. So. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE CITY PAY THE CLAIM FOR DAMAGES. MOTION CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT COUNCIL CONCUR WITH THE PLANNING COMMISSION'S RECOMMENDATION OF 36 UNITS. Richard Wilson, Attorney for Schneider Homes, asked to speak against the motion as Mr. Hill has phrased it and explained his reasons why. Schneider applied for a Building Permit for 48 units on 65th Ave. South between the Maple Crest and Canyon Estates Apartments. As a clear legal matter, they feel they are entitled to a building permit for the full 48 units. We have gone through the requirements for a waiver under Resolution #1035, but under protest. This application was filed on June 30, 1977 before, both the adoption of Resolution #1035 and the Comprehensive Plan. If any thing applies it may be old Resolution #489. The law in Washington is very clear. It says that if the owner of a piece of property applies for a building permit under its current zone the laws that are in effect at the date of application are the ones that have to apply. Therefore, Resolution #1035 can't be applied to this one. Mr. Wilson continued to explain that this is good apartment project and it makes sense for that location. It lies between two high density developments. The proposed plan is for attractive, low apartments. The soils report is excellent, there is no problem with building. The plan was reduced by six units to move it back further from the top of the slope. The development fronts on a major collector arterial street. Mr. Wilson stated that 36 units are not economically feasible and he asked the Council to approve the waiver to Resolution #1035 for a full 48 units. Councilman Bohrer asked, why 48 units? Mr. Wilson explained that this represents a basic good return on the property and gives a decent layout of units while it still provides for adequate parking Councilman Traynor asked about the density per acre and Mr. Wilson said the number is between the Canyon Estates and Maple Crest Canyon Estates 24.9, Maple Crest 18.8 and theirs is 22. Kjell Stoknes, OCD Director, commented that the application before Council is for 48 units and he felt Council is obligated to act on this, not on the 36 units. TUKWILA CITY COUNCIL REGULAR MEETING January 16, 1978 Page 3 OLD BUSINESS CONTINUED Discussion on density for Schneider Apts., 65th Ave. So. Continued. 0 3(c. Councilman Hill explained that, since this proposed development lies between two high density apartment complexes the applicant might have a problem renting the units if they are at a lower density and higher quality. We can't penalize the applicant when he is already quite a number of units below the maximum for the present zoning. Attorney Hard sited a State Supreme Court opinion that involves a piece of property in Seattle. The case concerned vested rights and the court says that an applicant for a building permit has vested rights at the time they file the permit and the City can't require new procedure because the code was changed after the permit was filed. This opinion might have some bearing on this case. The applicant is saying they have the right to proceed under the requirements of June 1977 without regard to Resolution #1035. Councilman Van Dusen asked if the City delayed the granting of the building permit. Kjell Stoknes reviewed the order of events as they happened in the processing of this permit. The building permit application was received on June 30, 1977. In July the applicant was notified that the City wanted drawings to show how the building would be supported on the east (slope) side and also that Resolution #489 might have to be complied with. The applicant submitted the drawings and at that time was notified that the waiver to #489 was required. In late August a letter was mailed reminding Mr. Schneider that he still needed the waiver to #489. At that time, he was also notified that if the buildings were set back further from the bluff a waiver may not be needed. On September 19, 1977 the Comprehensive Plan and Resolution #1035 were adopted. Shortly after, the applicant was notified he needed a waiver to Resolution #1035. At this time, Mr. Schneider had not filed the waiver to Resolution #489. Councilman Johanson asked if the City requires drawings be submitted at the time an applicant files for a building permit and was told they do. Kjell Stoknes explained that in this case it is a matter of which comes first; the waiver to Resolution #489 or the building permit processing. In this case the waiver to #489 has to come first to determine if the Building Official can accept the permit application. Attorney Hard explained that there are two issues here the vesting question and the question of location. The site is between two existing developments. Attorney Wilson stated that he feels there was confusion, uncertainty and lack of communication on both sides. From their standpoint, they did not need a waiver from #489. He continued to explain their position. Councilman Harris asked if it was after the building permit application was filed and it was determined the buildings were too close to the bluff that they were told the waiver was needed. Mr. Wilson acknowledged that he believed this is what the Planning Department decided. Mayor Bauch asked if the City accepted the fee for the building permit and was told no, the waiver requirement has to be satisfied first. Councilman Bohrer asked if the applicant did not file his waiver to Resolution #489 before the Comprehensive Plan and Resolution #1035 were passed, then proceeded with the waiver under Resolution #1035, did he waive his rights to vested interest under Resolution #489 and the original zoning? Attorney Hard said if the application under Resolution #1035 was filed "under protest" clearly there would not be a waiver. The applicant is saying he does not need a waiver to either Resolution #489 or #1035. 1035 was not in effect at the time of application and the property does not meet the conditions described in #489. TUKWILA CITY COUNCIL REGULAR MEETING January 16, 1978 Page 4 OLD BUSINESS CONTINUED Discussion on density for Schneider Apts., 65th Ave. So. Continued Mayor's letter to Council regarding Attorney's opinion on Jack Anderson property in McMicken Heights RECESS: 8:25 P.M. 8:35 P.M. NEW BUSINESS Election of Council President for 1978 Councilman Johanson asked if the steep slope is included in the calculation of the density and was told that it is. Attorney Wilson stated that they would be glad to apply, "under Protest for a waiver under Resolution #489. This is a valid, worthwhile project. Kjell Stoknes recommended to Council that they vote "No" on the motion on the floor then vote on the waiver as presented. MOTION FAILED MOVED BY HILL, SECONDED BY VAN DUSEN, THAT COUNCIL GRANT THE WAIVER TO RESOLUTION NO. 1035. Councilman Hill asked what happens if the waiver is granted? Attorney Hard explained that it will allow them to proceed with the building permit under the usual manner, following all requirements. MOTION FAILED WITH HILL AND VAN DUSEN VOTING YES. 203 Councilman Traynor stated that Council needs more discussion on this as there are still concerns that have not been answered. Mr. Schneider explained the procedure he has followed in applying for the waiver and that he did pay the plan check fee at the time of application. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT COUNCIL REFER THIS ITEM TO THE COMMITTEE OF THE WHOLE MEETING ON JANUARY 23, 1978. He suggested a field trip to the site prior to the meeting. Attorney Hard read from the Supreme Court opinion, "the State Environmental Policy Act of 1971 and the other statutes and Ordinances administered by the Building Department serve legitimate functions none of which is intended to be used by a government agency to plock the construction of projects mearly because they are unpopular". MOTION CARRIED. Mayor Bauch called for this item, but there was no comment. MOVED BY HILL, SECONDED BY SAUL, THAT COUNCIL RECESS FOR TEN MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order with all Council Members present as previously reported. In accordance with Ordinance No. 1048, the Council shall elect a new president at the second regular meeting in January of each year. Councilman Traynor commented that Council President Hill has done a good job of representing the Council. He has helped improve the image of the Council. TRAYNOR NOMINATED COUNCILMAN SAUL FOR COUNCIL PRESIDENT FOR THE YEAR 1978. NOMINATION SECONDED BY BOHRER. HILL NOMINATED COUNCILMAN VAN DUSEN FOR COUNCIL PRESIDENT. NOMINATION SECONDED BY MRS. HARRIS. Councilman Hill suggested the voting be done by ballot. TUKWILA CITY COUNCIL REGULAR MEETING January 16, 1978 Page 5 NEW BUSINESS Cont. Election of Council President for 1978 Cont. RESOLUTIONS DEPARTMENT REPORTS Jack Anderson property McMicken Heights 203? Councilman Johanson commented that he would like the Council'President to be a person that could coordinate the Council. This job is one that takes considerable time. BALLOTS WERE CAST. MAYOR BAUCH ANNOUNCED THAT COUNCILMAN VAN DUSEN WILL BE PRESIDENT FOR THE YEAR OF 1978. Councilman Van Dusen thanked Council for their confidence in him. Resolution #610 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE authorizing the READ BY TITLE ONLY. MOTION CARRIED. Mayor to enter into a contract with Deputy City Attorney Hard read a resolution authorizing the mayor to enter Stevens, Thompson, into a contract with Stevens, Thompson and Runyan, Incorporated for design and Runyan for and preliminary engineering on a signal system at South 180th and Andover signals at Park West. South 180th and Andover Park West MOVED BY VAN DUSEN, SECONDED BY HILL, THAT RESOLUTION NO. 610 BE ADOPTED AS READ. MOTION CARRIED. Resolution #611 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE Transfering certain READ BY TITLE ONLY. MOTION CARRIED. Community Develop- ment Block Grant Deputy City Attorney Hard read a resolution transfering certain Community some monies from Development Block Grant some moniesfrom an approved trails development an approved trails project to undergrounding assistance for low and moderate income persons. development project to undergrounding MOVED BY VAN DUSEN, SECONDED BY HILL, THAT RESOLUTION NO. 611 BE ADOPTED assistance for AS READ.* low and moderate income persons Mayor Bauch explained that the City Attorney determined that Revenue Sharing monies cannot be used for assistance for low income families. The Block Grant money is eligible for this use. MOTION CARRIED. Proposed Resolution MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ establishing a wage BY TITLE ONLY. MOTION CARRIED. and salary plan Deputy City Attorney Hard read a resolution establishing a wage and salary plan for all full -time permanent positions with the City of Tukwila and providing for the administration of such plan. MOVED BY HILL, SECONDED BY JOHANSON, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF JANUARY 23, 1978. MOTION CARRIED. Mayor's Report Mayor Bauch called everyone's attention to the plaque that will be installed at Fort Dent. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Attorney Hard noted that Mr. William H. Goucher was in the audience to hear Item 9b, letter concerning Jack Anderson property in McMicken Heights. Mayor Bauch explained that he had written a letter to the Council concernin the proposed development. Council had the chance to discuss it but chose not to. TUKWILA CITY COUNCIL REGULAR MEETING January 16, 1978 Page 6 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Fire Department Councilman Traynor commended the Fire Department for their physical fitness program. EXECUTIVE SESSION: 9:00 P.M. 9:30 P.M. Regular Meeting Foster Golf Course ADJOURNMENT 9:40 P.M. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL GO INTO EXECUTIVE SESSION. MOTION CARRIED. Executive Session was called by the City Attorney to discuss Foster Golf Course. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. Council went back into Regular Session. MOVED BY MRS. HARRIS, SECONDED BY VAN DUSEN, THAT THE ALIMENTS BE OFFERED 2.1 MILLION DOLLARS FOR THEIR PROPERTY; IF THEY DON'T ACCEPT, THE PROPERTY WILL BE CONDEMNED. MOTION CARRIED. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Mayor E jar D. Bauch City Clerk Maxine Anderson