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HomeMy WebLinkAbout1978-02-06 Regular MinutesFebruary 6, 1978 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS AND AWARDS Call for Bids: 1978 Diesel Backhoe Formal Motion #78 -01: process to be used to update and revise the zoning code. 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, J. REID JOHANSON, DANIEL J. SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN, Council President. HUBERT CRAWLEY, Fire Chief; LAWRENCE HARD, Deputy City Attorney; TERENCE R. MONAGHAN, Public Works Director; KJELL STOKNES, OCD Director; RONALD F. SWANSON, Finance Director; MAXINE ANDERSON, City Clerk. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT THE MINUTES OF THE REGULAR MEETING OF JANUARY 16, 1978 BE APPROVED AS PUBLISHED, MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Current Fund Street Fund Fed. Shared Rev. Water Fund Sewer Fund Vouchers No. 4922 5078 4922 5032 5033 5049 5050 5051 5052 5063 5064 5078 (Vouchers No. 4922 4923 voided 1/16/78) MOTION CARRIED. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS 35,128.05 21,034.17 721.14 14,516.28 7,894.14 79,293.78 20 Tukwila City Hall Council Chambers MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL CALL FOR BIDS FOR A 1978 DIESEL BACKHOE AS SUGGESTED BY STAFF. MOTION CARRIED. Bids will be received up to the hour of 4:00 P.M. on the 28th day of February, 1978. At that time bids will be opened and publicly read aloud. Call for Bids: MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT COUNCIL CALL FOR BIDS Southcenter Blvd. ON SOUTHCENTER BLVD. PROJECT, PHASE I. Project, Phase I Bids will be recieved up to the hour of 4:00 P.M. on the 6th day of March, 1978. At that time bids will be opened and publicly read aloud for roadway and utility improvements on Southcentlâ–º' Boulevard, from I -5 to 62nd Avenue South, Federal Aid Project M- 1147(1). Representative Mayor Bauch referred to his letter dated February 2, 1978 regarding to PSCOG membership in the Puget Sound Council of Governments. He recommends that Councilman Harris be appointed either representative or alternate to the PSCOG. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT COUNCIL CONCUR WITH THE MAYOR'S RECOMMENDATION OF COUNCILMAN HARRIS AS THE ALTERNATE TO THE PSCOG. MOTION CARRIED WITH SAUL VOTING NO. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE FORMAL MOTION BE READ. MOTION CARRIED WITH SAUL VOTING NO. Deputy City Attorney Hard read a Formal Motion of the Tukwila City Council authorizing the process to be used by the City in the update and revision of the City's Zoning Ordinance. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT FORMAL MOTION NO. 78 -01 BE APPROVED AS READ. MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING February 6, 1978 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Continued Formal Motion #78 -02: concerning the Medic I concept. OLD BUSINESS Rockery at 5511 So. 144th St.; Mr. Eugene Housley 20L/7 MOVED BY VAN DUSEN, SECONDED BY JOHANSON, THAT THE FORMAL MOTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a motion of the Tukwila City Council that Medic I continue as a regional unit in the valley. MOVED BY VAN DUSEN, SECONDED BY MRS. HARRIS, THAT FORMAL MOTION NO. 78 -02 BE APPROVED AS READ. Councilman Hill asked who will determine how this will be funded? Can the hospital do this? Mayor Bauch stated that the County will make the decision, the hospital has no authority to do so. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL ACCEPT MR. HOUSLEY'S LETTER AND PURSUE ALL METHODS OF SOLVING THIS DILEMMA. Councilman Hill asked Attorney Hard where he and Councilman Van Dusen stand since they are both Elders in the church. Attorney Hard stated that there is a possible conflict here since it may affect money the church may spent. The safest course of action is to withhold from voting. Councilman Traynor questioned the wording of the motion, it doesn't solve the problem. Mayor Bauch reported that in March 1977 the estimate to build the rockery three feet was $990.00. There was a motion made on April 18, 1977 to install the wall and the motion failed. Councilman Van Dusen stated that his intent is that the City participate in solving the problem. Mayor Bauch offered that if the motion is passed the City will install the wall to the original height. Councilman Harris asked if the motion makes the City liable. Mayor Bauch states that it is only accepting the responsibility. Councilman Hill stated that this lot deserves the same consideration that the rest of the lots got on the South 144th et al project. The church removed the concrete wall at the time the building was moved. The City later purchased the property where the wall had been. The Housley's deserve a wall and we need to decide who is going to pay for it. Councilman Traynor asked how precedent setting is this if we fix the wall after this many years? Mayor Bauch stated there are enough extenuating circumstances behind this that it would not set a precedent. Councilman Johanson stated that it was the church and the property owner that made the original agreement. If he understood the whole situation he sees no liability on the part of the City. Councilman Hill explained that the wall wasn't replaced at that time as it would have had to be removed again about six months later when the street was widened. Councilman Hill explained the circumstances as he recalled them and said it was his understanding that, since the church had removed the wall, the City would replace it because it was necessary to buy the right -of -way for the street project. Councilman Van Dusen stated that some of the Elders of the church felt it might be a moral obligation on the church too. He thought an agreement could be reached between the three entities involved the Housley's, the Church and the City. Councilman Bohrer stated that it was a concrete bulkhead that was removed and he asked Mr. Housley if he wanted a rockery or a bulkhead. Mr. Housley stated that either would be fine. TUKWILA CITY COUNCIL REGULAR MEETING February 6, 1978 Page 3 OLD BUSINESS Continued Rockery at 5511 So. 144th St. Mr. Eugene Housley Continued Resolution #612 in appreciation to Phyllis D. Pesicka for her service to the City as Council Member. Discussion on Waiver for Schneider Apt. Site on 65th Ave. So. and So. 151st. Mayor Bauch declared the motion out of order because Van Dusen made the motion and it was seconded by Hill. 2090 Councilman Hill suggested that if the City would offer the use of the backhoe and the operator who is a member of the church and the City furnish $450.00 worth of rock the members of the church could build the rockery. The motion is not for the City to go down and install the rockery but to work out the problem, and this would do it. Councilman Hill and Councilman Van Dusen both abstained from voting on the motion due to a possible conflict of interest. MOVED BY TRAYNOR, SECONDED BY BOHRER, THAT COUNCIL VOTE ON THE SAME MOTION AS PREVIOUSLY STATED. MOTION CARRIED WITH MRS. HARRIS AND JOHANSON VOTING NO. Councilman Harris stated she voted No because the motion is not definite enough. Councilman Johanson stated he voted No because he hesitates to accept any liability on the part of the City that might be precedent setting. The problem will now be turned over to Administration for action. MOVED BY VAN DUSEN, SECONDED BY MRS. HARRIS, THAT THE AGENDA BE AMENDED TO ADDRESS ITEM 10a AT THIS TIME. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY MRS. HARRIS, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Mayor Bauch read a Resolution of the City of Tukwila, Washington, in appreciation to Phyllis D. Pesicka for her service to the City of Tukwila as a Member of the City Council. MOVED BY MRS. HARRIS, SECONDED BY VAN DUSEN, THAT RESOLUTION NO. 612 BE ADOPTED AS READ. MOTION CARRIED. Mayor Bauch presented Mrs. Phyllis D. Pesicka with a framed copy of the Resolution. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL GRANT THE WAIVER ON THE SCHNEIDER APARTMENT SITE ON 65th AVENUE SOUTH AND SOUTH 151st. Councilman Bohrer stated that it seems inappropriate to him to consider this item. The City Attorney's opinion is that the applicant has vested rights under the old zoning laws by virtue of an application submitted before Resolution 1035 was passed. Therefore, we should not be acting on this but on Resolution 489. Attorney Hard agreed that the applicant does have vested rights and Resolution 1035 does not apply. The question now becomes does Resolution 489 apply? There is a strong difference of opinion on this. The property owner says that 489 is not applicable to their parcel of property. Councilman Bohrer sighted Resolution 489, Section D and stated that the site does have the amount of slope required to fall under this Resolution. Richard Wilson, Council for Schneider Homes, explained that there were some procedural difficulties. Resolution 489 was deemed not to apply by the Planning Department but by this time Resolution 1035 was in effect. We are willing to have our application amended to constitute a waiver to 489 but we again will be applying under protest because we do not feel a waiver to either Resolutions is required. We will not be grading on the slope and are not in an area of unstable conditions. All development will be done on the plateau. TUKWILA CITY COUNCIL REGULAR MEETING February 6, 1978 Page 4 OLD BUSINESS Continued Discussion on Waiver for Schneider Apt. Site on 65th Ave. So. and So. 151st. Continued Attorney Hard stated that he is convinced they have vested rights from the day they filed the application and Resolution 489 was in existence at that time. He stated he has not made an analysis to see if the development falls within the scope of 489. He further stated he had been advised by Mr. Stoknes that the applicant was informed, at the time he applied for a building permit, that Resolution 489 did apply but he did not pursue as application. Kjell Stoknes reviewed the sequence of events of the Schneider application that had been presented to Council at an earlier date. Mayor Bauch asked if the paying of a plan check fee constitutes the apply- ing for a building permit? Kjell Stoknes stated that by June 30, 1977 they had submitted all the necessary material to constitute the filing for a permit. Councilman Harris asked if the site plans were altered and moved back far enough sothatthere was no excavation on the slope,does 489 even apply? Kjell Stoknes explained that Staff said if the buildings were set- back 30 feet no waiver would be required from Resolution 1035. At that point the applicant presented a soil report that says they can go with an eight foot setback from the slope with an on site inspection when the footings are being poured. Mr. Schneider, applicant, explained the sequence of events in complying with the requirements of the Planning Department. After the plans were submitted a soils report was required, this was obtained. Then, he received a letter stating that the slope was invironmentally sensitive and he needed to file a waiver to Resolution 489 or move the buildings back. They redesigned the buildings back from the slope, submitted this and was told they needed a waiver from Resolution 1035 because it did not comply with the new Comprehensive Plan. We kept doing all of the things the City asked for. Mr. Wilson stated that the applicant has made a good faith effort to do what ever he can to be sure the slope is not harmed; the buildings have been moved back five feet, the nearest footing will be at least eight feet away from the lip of the slope and there will be an inspector on site when the footings are poured. The applicant has made every effort to comply with the laws. There comes a point when the applicant deserves to get final action from the Council. Councilman Bohrer said Council should follow the recommendation of Mr. Stoknes, deny the motion and send it back to Staff with a determination of setback requirements so that a waiver to Resolution 489 is not required and the applicant can proceed. Councilman Johanson asked if Council was going to determine the setback and that footings would be poured according to the Building Code which would be the eight foot setback? Councilman Bohrer stated that this is the issue yet to be resolved. Councilman Hill asked if Council can determine setbacks? Attorney Hard cautioned that the applicant is entitled to some type of action and that the legislative body can not, on an ad hoc basis, establish building rules and regulations. If you want to do this you must do it by Ordinance and apply the law uniformly throughout the City. Attorney Hard explained that the application was filed and accepted in June 1977, at that time Resolution 489 was in affect. If the applicant has satisfied the Building Department that he has satisfied all the requirements then the Building Department is authorized, without coming back to Council, to issue the building permit. Whether or not 489 applies is a decision the Building Department has to make. TUKWILA CITY COUNCIL REGULAR MEETING February 6, 1978 Page 5 OLD BUSINESS Continued Discussion on Waiver for Schneider Apt. Site on 65th Ave. So. and So. 151st. Continued. RECESS: 8:25 P.M. 8:30 P.M. ORDINANCES Proposed Ord. Reclassifying certain real property at the N.W. corner of 65th Ave. Southcenter Blvd. from R -4 to C -1 MOTION FAILED WITH SAUL AND JOHANSON VOTING YES. 205 Councilman Bohrer stated that he did not intend the Council should legislate the Building Code then expressed concern about establishing a precedents that is counter to other precedents established in the area. As he understands it, the applicant's setback is not intermediate to the developed sites. The Canyon Estates sets back from the top of the slope about 30 feet, the Maple Crest 10 to 15 feet. The applicant intends to set his footings at the top of the slope. This establishes a precedence which, in his opinion, is not in the best interest of the City. Mrs. Joanne Davis, 5906 South 144th, called attention to the slope behind the Canyon Estates that has sluffed away and stated that safety is the factor. She suggest that maybe the City should get another soils report. Kjell Stoknes requested this item be referred back to Administration to determine if Resolution 489 applies. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT HIS ITEM BE RETURNED TO ADMINISTRATION TO DETERMINE IF RESOLUTION NO. 489 APPLIES. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY MRS. HARRIS, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order with all Council Members present as previously reported. Final acceptance MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL ACCEPT THE 1977 of 1977 Street STREET IMPROVEMENT PROJECT. Improvement Project. Mayor Bauch stated that the Project is not done but the terms of the contract have been completed. That is what is being approved. Councilman Bohrer stated that there is still a tree stump, concrete flashing and other debris in the planting strips that have not been cleaned up. Councilman Traynor asked about the rockeries that are not completed and was told they are outside the scope of this contract. Mayor Bauch stated that cleanup is part of the contract and asked Councilman Bohrer to get together with Mr. Monaghan, Public Works Director, and point out the problems so they can be taken care of. MOTION FAILED. This item will be brought back to the next regular meeting. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an Ordinance reclassifying certain real property located at the Northwest corner on the intersection of 65th Avenue and Southcenter Boulevard from R -4 Zoning classification to C -1 Zoning classification within the City of Tukwila. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE ORDINANCE BE ADOPTED AS READ. TUKWILA CITY COUNCIL REGULAR MEETING February 6, 1978 Page 6 ORDINANCES Continued Proposed Ord Reclassifying certain real property at the N.W. corner of 65th Ave. Southcenter Blvd. From R -4 to C -1 Continued. RESOLUTIONS Resolution #613 in appreciation to Dwight R. Garnder for his service to the City as Councilman Resolution #614 Establishing an interim wage and salary plan for all full -time permanent positions Resolution #615 relating to acquisition and operation of Foster Golf Course Councilman Hill stated that an Item 5 should be added under Section 2 so that the construction must start within three years or the zoning revert to R -4 and the cleanup of the lot, by removal of the concrete and brush, be accomplished within 90 days. The reason for this is that when it was rezoned before this requirement was stated but it was not included in the Ordinance. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MOTION BE TABLED. MOTION CARRIED WITH VAN DUSEN VOTING NO. 05 3 Councilman Traynor reminded Council that the owner did cut the grass and remove the debris nothing was said about the concrete bulkhead. Councilman Hill stated that the owner should be notified of the new conditions so that he will be aware of the change before the Ordinance is passed. Mayor Bauch asked Kjell Stoknes to contact the owner and have this item ready for the Committee of the Whole Meeting of February 14, 1978. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution in appreciation to Dwight R. Gardner for his service to the City of Tukwila as Councilman. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 613 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution of the City of Tukwila, Washington, establishing an interim 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 VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 614 BE ADOPTED AS READ. Councilman Hill asked if this resolution had been discussed with U.S.T.M.E. Since they are not represented by a Union, they should have a voice whether to accept it or not. Councilman Traynor reminded Council that Z of these employees are not U.S.T.M.E. employees, and we are holding up their salaries also. Is this fair? MOTION CARRIED WITH HILL AND VAN DUSEN VOTING NO. MOVED BY VAN DUSEN, SECONDED BY MRS. HARRIS THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney Hard read a resolution of the City of Tukwila, Washington, relating to acquisition and operation of Foster Golf Course, and authorizing the mayor to execute a sales agreement for its purchase, to allow Foster Marshall to proceed with the marketing of all bonds, to recruit a P.G.A. professional, and to advertise for a greenskeeping contract. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 615 BE ADOPTED AS READ. TUKWILA CITY COUNCIL REGULAR MEETING February 6, 1978 Page 7 RESOLUTIONS Cont. Resolution #615 relating to acquisition and operation of Foster Golf Course Cont. Resolution #616 authorizing Ronald F. Swanson, Finance Director, to sign checks on accounts at Seattle -First National Bank. DEPARTMENT REPORTS Mayor's Report Medic I Meeting "Spheres Influence" Attorney's Report ZO5 Councilman Bohrer asked since this has not been discussed by Council, does the schedule permit this to go to the Committee of the Whole? Attorney Hard stated that one of the key points in the negotiations is the closing date of May 1. If the City cannot meet this, the Aliments feel they are entitled to additional compensation. The real problem is starting the process for the sale of bonds. Councilman Van Dusen called attention to the fact that the Council is committing to $450,000 Limited Tax General Obligation Bonds. Mayor Bauch stated that the report is taking a conservative approach. The resolution binds the City to purchase the Golf Course for 2.1 million and it accepts the concept of Councilmanic Bonds for the financing. Councilman Saul asked how the City will go about hiring a P.G.A. Professional and Greenskeeper. Mayor Bauch stated that the City will advertise and bring the contracts back to Council for approval per Section 5 of the Resolution. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED WITH BOHRER AND SAUL VOTING NO. Deputy City Attorney Hard read a resolution authorizing Ronald F. Swanson, Finance Director, to sign treasurer's checks drawn on accounts at Seattle First National Bank. MOVED BY VAN DUSEN, SECONDED BY MRS. HARRIS, THAT RESOLUTION NO. 616 BE APPROVED AS READ. MOTION CARRIED. Mayor Bauch invited Council to attend a meeting to be held at the Tukwila Fire Station, February 7, concerning Medic I. Mayors, council members, and representatives from the Council, adjacent cities, and fire districts will be present. King County wants to send a representative to the Council Meeting on February 27 to discuss the "Spheres of Influence." Council agreed that they wanted to hear the discussion. Mayor Bauch told Council that Pat Lowery, Crime Prevention Officer, who is working for the City under a LEAA Grant would like to be included in PERS (Public Employees Retirement System) under the 1977 agreement. There was some unallocated grant money returned from last year, and LEAA has agreed to give it back to the City to fund the 1977 PERS. There is extra money in the Police Patrol Budget for 1978. Mayor Bauch asked Council to approve the transfer of $900 from this fund to cover the City's share of Mr. Lowery's PERS. MOVED BY VAN DUSEN, SECONDED BY BOHRER, THAT THE BUDGET BE AMENDED TO INCLUDE MR. LOWERY UNDER PERS. MOTION CARRIED. Deputy City Attorney Hard reported on the current status of cases being handled by their office. The Wayne Parker Lawsuit over attorney fees on LID #25 was held and the City lost. The judgment against the City is $7,882.74. The judge ruled Mr. Parker was entitled to it because of what the statute said. He recommended that the City pursue this no further. On Friday, the City lost another suit. This one was brought by Jack Benaroya challenging the sign code. The City's ordinance was found deficient in that the ordinance does not set certain guidelines for the Planning Commission to follow. Again, he recommended not pursuing this further. TUKWILA CITY COUNCIL REGULAR MEETING February 6, 1978 Page 8 DEPARTMENT REPORTS Attorney's Report Cont. Presentation to Dwight R. Gardner Public Safety and Health Committee ADJOURNMENT 9:45 P.M. Cont. The Lowell Lawsuit over employment has been withdrawn. 55 Wednesday is the hearing before the Court of Appeals on LID #28, "Esping vs Pesicka." It will take about two months before we hear the decision. Attorney Hard asked Council to what extent the City wants to go to collect bills for damages to utilities (poles, guardrails, hydrants, etc.). He recommended if it is possible, that these go to Small Claims Court. It was decided to discuss this again at a later date. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Mayor Bauch recognized the arrival of Mr. Dwight Gardner. He read Resolution No. 613, "in appreciation to Dwight R. Gardner for his service to the City of Tukwila as Councilman" and presented Mr. Gardner with a framed copy of the Resolution. Councilman Bohrer announced the Public Safety and Health Committee will meet February 8 at 4:30 in the Council Chambers. Mayor Bauch noted he had read something about three member council committees not falling under the Open Meeting Act. He asked Attorney Hard to check into this. Councilman Johanson announced the Public Works Committee will meet Thursday at 4:30 at the City Annex. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. a/t) ddezZ Mayor Ee ar D. Bauch City CTerk Maxine Anderson