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HomeMy WebLinkAbout1978-09-18 Regular Minutes a.Z .ss TUKWILA CITY COUNCIL September 18, 1978 REGULAR MEETING Tukwila City Hall 7:00 P.M. Council Chambers M I N U T E S FLAG SALUTE AND Mayor Bauch, presiding, led the Pledge of Allegiance and called the CALL TO ORDER last Regular Meeting of the Tukwila City Council to be held in the current city hall building to order. ROLL CALL OF MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DANIEL J. SAUL, COUNCIL MEMBERS DWAYNE D. TRAYNOR, GARY L. VAN DUSEN, Council President. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT COUNCILMAN BOHRER BE EXCUSED FROM THE MEETING. MOTION CARRIED. OFFICIALS IN KJELL STOKNES, OCD Director; RONALD SWANSON, Finance Director; MAXINE ATTENDANCE ANDERSON, City Clerk. MINUTE APPROVAL MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 5, 1978, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 11, 1978, BE APPROVED AS PUBLISHED. MOTION CARRIED. VOUCHER APPROVAL MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. Councilman Traynor requested Voucher No. 366 concerning a publication for the Fire Department be withheld from payment. Councilman Hill requested Voucher No. 454 for $2,000 for the oversizing of a sewer line be withheld from payment. Both Vouchers will be discussed at the next Committee of the Whole Meeting. MOTION CARRIED. Vouchers No. 334 454 (Excluding 366 and 454) Current Fund 334 404 28,500.85 Golf Course Special Revenue 405 19,974.00 Street Fund 405 415 1,763.51 Fed. Shared Revenue 416 420 4,811.87 421 260.00 City Hall Construction 422 427 108,726.18 Water Fund 428 442 42,019.61 Sewer Fund 443 452 12,927.59 W/S Construction 453 107,796.14 $326.779.75 PUBLIC HEARINGS Final Assessment Mayor Bauch noted that the City Attorney had not arrived and this item Roll Hearing will be held for his report. LID #25 Page 2 Ordinance relating Councilman Van Dusen reported that Councilman Bohrer has actively headed to noise control the noise control study for the past year. The ordinance is now prepared and ready for adoption. The document has been reviewed by the state and includes state regulations. Mayor Bauch opened the Public Hearing on the adoption of an ordinance relating to noise control. Mr. Dwight Gardner, 14112 57th Avenue South, asked, if the noise from the local taverns wake him at night, does he nedd a meter to register the sound or can he just report it? Mayor Bauch told him he does not need a meter; he can call the Noise Control Officer for the City. Allowable noise at night is reduced by 1OdB from day -time requirements. TUKWILA CITY COUNCIL REGULAR MEETING September 18, 1978 Page 2 PUBLIC HEARINGS Cont. Ordinance relating to noise control Cont. LID #25 Budget Formal Motion 78 -1 (Recreation Division) Budget Formal Motion 78 -2 (Christenson Trail and Tukwila Community Center) a.2 s6 Councilman Van Dusen noted that some noise falls under the Public Nuisance category and the administrator determines this. There being no further comment from the audience, Mayor Bauch closed the Public Hearing. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE REFERRED TO THE COMMITTEE OF THE WHOLE FOR FURTHER CONSIDERATION. MOTION CARRIED. Deputy City Attorney Hard arrived at this point. He reported that the two property owners included in LID #25 have requested and received additional information on the calculation of their assessments. They want another meeting with the attorney in an effort to resolve their differences. Attorney Hard requested that the Public Hearing be rescheduled allowing time for this meeting. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PUBLIC HEARING BE CONTINUED TO OCTOBER 2, 1978. MOTION CARRIED. PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT BUDGET FORMAL MOTION NO. 78 -1 BE APPROVED AS PRESENTED. Councilman Van Dusen read the Staff Report. The proposed budget formal motion would transfer money within the Recreation Division budget from supplies and capital equipment to an acquisition fund and construction project fund to comply with the requirements of the grant award. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT BUDGET FORMAL MOTION 78 -2 BE APPROVED AS PRESENTED. Mayor Bauch explained that the money is being transferred to provide additional funds for construction of Christenson Trail plus equipment for the Tukwila Community Center. Total funds to be transferred are $42,706.00. Councilman Van Dusen read from a memo he had received from Councilman Bohrer concerning this item. Councilman Bohrer recommends that the proposed 20 "fitness" trail stations be reduced to five stations. He said he felt the larger number of stations will not be used and will detract from the natural scenic character of the river trail. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT THE NUMBER OF STATIONS BE REDUCED TO FIVE AS RECOMMENDED BY COUNCILMAN BOHRER. Councilman Traynor said he would like to see a Staff Report on this to see if five is adequate. He said he thought the money should be transferred but it should go to the Committee of the Whole to discuss the number of fitness stations. Kjell Stoknes, OCD Director, explained that this project is one where grant money is involved. They hope to be under contract soon to spend the money so it doesn't carry over into next year. He requested that Council consider the ten stations rather than go down to five or put it back in Committee. Councilman Harris asked if each of the stations is a different planned activity? Mr. Stoknes explained that each station has a different exercise to use different muscles. The twenty stations would contain exercises to use the muscles most commonly used in everyday activities. Councilman Saul said he supports the transfer of funds tonight but decide on the number of stations at a later time. TUKWILA CITY COUNCIL REGULAR MEETING September 18, 1978 Page 3 PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS Cont. Budget Formal Councilman Traynor asked how far apart the twenty stations would be Motion 78 -2 and was told about 250 feet but they would not be evenly spaced. (Christenson Trail and Tukwila MOTION FAILED Community Center) Cont. MOTION CARRIED TO ADOPT BUDGET FORMAL MOTION N0. 78 -2. Budget Formal Motion 78 -3 (Salaries Wages for Recreation Division) Recognition of lawsuit for the record, Jack Bryant property NEW BUSINESS Purchase of two Xerox machines ORDINANCES MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT BUDGET FORMAL MOTION 78 -3 BE APPROVED AS PRESENTED. MOTION CARRIED. Mayor Bauch recognized for the record the receipt of a "Writ of Mandamous" (No. 851063). Lawsuit involves a piece of property located at South 160th and 53rd Avenue South commonly referred to as the Jack Bryant property. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT COUNCIL CONCUR WITH THE REQUEST TO PURCHASE THE TWO XEROX MACHINES AS DISCUSSED AT THE LAST COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED WITH JOHANSON AND SAUL VOTING NO. Ordinance #1077 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ Authorizing the BY TITLE ONLY. MOTION CARRIED. redemption of LID 19 LID 20 Deputy City Attorney Hard read an ordinance amending the 1978 budget as revenue warrants adopted by Ordinance No. 1045 and authorizing the redemption of LID 19 and 20 Revenue Warrants out of the Water /Sewer Construction Fund No. 403. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT ORDINANCE NO. 1077 BE ADOPTED AS READ. MOTION CARRIED WITH HILL VOTING NO. Proposed Ordinance- Mayor Bauch explained that the figures to complete this ordinance are Fixing the amount not ready and possibly won't be until the middle of October. of tax levies necessary to MOVED BY VAN DUSEN, SECONDED BY HARRIS THE PROPOSED ORDINANCE BE raise funds to TABLED UNTIL THE NECESSARY INFORMATION IS AVAILABLE. MOTION CARRIED. meet the estimated expenditures for the year 1979 Proposed Ordinance- MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE Municipal READ. MOTION CARRIED. facilities exempt from the Tukwila Municipal Code Deputy City Attorney Hard read an ordinance adding Section 19.04.040 municipal facilities exempt to the Tukwila Municipal Code and amending Ordinance #773, Section 002. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. Councilman Van Dusen said he believes that governments must function under the same rules as they mandate for a citizen. In this particular instance, we are changing the rules to fit the problems we face. We might be unfair and arbitrary in doing this. If rules for signing are unfair, what makes them fair for the businesses in our community? Signs are a livelihood for a business but not for our government. If we take a look at this, we can solve our problem without going to this extreme. If we ran into a problem, would we do this to the Building Code? TUKWILA CITY COUNCIL REGULAR MEETING September 18, 1978 Page 4 ORDINANCES Cont. Proposed Ordinance- Mr. Al Pieper, Building Official, distributed information on the signs Municipal and their position at the site. He explained that new city hall is facilities exempt located in an RMH zone and Section 19.32.060 of the Tukwila Municipal from the Tukwila Code restricts signs in and adjacent to multiple family areas. He Municipal Code further explained how the proposed signs violate other sections of the Cont. code. Councilman Harris said she feels this is the wrong way to go about this. The site is in a business area and should have a business zoning. This would allow for the necessary public facility signing. The code is definitely in need of a category for signing all public facilities. She said she felt revising the Sign Code to include the category would be better than exempting the municipal facilities. Councilman Saul said he felt this a waste of time and should be sent to the Planning Commission to decide. Mayor Bauch explained that the Sign Code addresses a commercial atmosphere and does not include the public facilities. The signs in all of the parks are illegal if you make the same interpretation. He said the easiest way, because of the special requirement to inform the public, is to exempt the municipal facilities and there is nothing wrong with this. Mr. Pieper said he also felt that this ordinance exempting the municipal facilities would make the cleanest Sign Code. He recommended adoption of this ordinance. Mr. Stoknes said the site should be zoned C -1. If the zoning were proper, Planning Commission review would not be necessary. The small signs are consistent with the spirit and intent of the Code. Where the golf course is concerned, only one free standing sign is allowed for the 70 acres but it needs two free standing signs. He said he supported adoption of this ordinance. Mr. Pieper said the golf course sign is presently non conforming. In 1980 the sign becomes illegal and will have to be revised. The ordinance will solve the signing problems at all of the municipal facilities. Councilman Van Dusen said his problem is not with the signs, they are nice looking. It is with the philosophy, here we are saying we are exempt and everyone should operate under some type of guidelines or regulations. We can develop a sign code to fit our Public Facilities. This would give guidelines to future Council and Staff. Councilman Harris said she agrees, under this ordinance any sign would be legal. We need to set some guidelines and stick with them. Attorney Hard said the ordinance does not talk about all public facilities only City property. Mayor Bauch reminded Council that at any time a City Council can amend the sign code. Councilman Harris said that at least there would be a code, now there isn' any. Councilman Traynor said the place where there might be problems is the Golf Course. It is a commercial enterprise and we are exempting it from the sign code. Councilman Johanson said that at any time a majority of the Council can change an ordinance. We will have to rely on future Councils to have good taste in signs. This sounds like a good short cut. Councilman Van Dusen said we need guidelines laid out for Staff to follow. Councilman Hill agreed with Councilman Van Dusen and said the Council sets rules for everybody in town. The City needs regulations as much as any- one else. TUKWILA CITY COUNCIL REGULAR MEETING September 18, 1978 Page 5 ORDINANCES Cont. Proposed Ordinance- ROLL CALL VOTE: 3 YES JOHANSON, SAUL, TRAYNOR Municipal 3 NO HARRIS, HILL, VAN DUSEN facilities exempt from the Tukwila MOTION FAILED FOR LACK OF A MAJORITY VOTE. Municipal Code Cont. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THIS ITEM BE PLACED IN THE COMMITTEE OF THE WHOLE MEETING FOR FURTHER DISCUSSION. RECESS 8:00 P.M. 8:10 P.M. 042.5 Councilman Traynor suggested sending this back to the Planning Commission. MOTION FAILED. MOVED BY HARRIS, SECONDED BY SAUL, THAT THIS ITEM BE REFERRED TO THE PLANNING COMMISSION. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order with Council Members present as previous reported. Proposed Ordinance- MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ Reclassifying BY TITLE ONLY. MOTION CARRIED. certain property from C -1 and R -3 Deputy City Attorney Hard read an Ordinance reclassifying certain property to R -4 (62nd Ave. from C -1 and R -3 to R -4 within the City of Tukwila. So. Ehemke /Kato) MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilman Traynor said he had been over to their development at 106 Des Moines Way and it is all building and blacktop. It wasn't too impressive. The density is too great. Councilman Hill said he agreed with Councilman Traynor. If this develop- ment turns out like the other it will be all asphalt and buildings. The density on two sides of this is quite a bit less. I was hoping we could get the R -4 down to 17 units per acre. This is about 4 units an acre too many Councilman Harris said she also looked at the development on Des Moines Way, The buildings are attractive but it is an apartment not a condo- minium. For a condominium, the proposed density is too great. To make it an attractive development the density should be no more than 17 units per acre. Mayor Bauch said the proposed development goes from the Tukwila Apartment Complex on the west to 62nd Ave. South on the east, the Park Place Site to the north and the new Morgan office building on the south. Councilman Johanson said the density should be considered. It lies south of, what everyone considers to be, a nice proposed development. Councilman Van Dusen asked if the development was reduced to 17 units per acre how many less units it would be. He was told 24. Councilman Saul said he enjoys the looks of the buildings and the proposed parking area but feels the density per acre is too high. Mr. Ehmke, developer, said he has tried to create as much green space as possible with the covered parking areas. There are just so many dollars to do the job with. There is a lot more space here than on Des Moines Way. Councilman Traynor asked how much space is between the buildings and Mr. Ehmke said about 40 feet. Councilman Traynor asked if the trees in the southwest corner will all be removed. Mr. Ehmke said they will try to keep as many trees as possible. TUKWILA CITY COUNCIL REGULAR MEETING September 18, 1978 Page 6 ORDINANCES Cont. Proposed Ordinance- Councilman Harris said Council would like to have a little more space Reclassifying between buildings. They have put quite stringent requirements on the certain property adjoining developments. from C -1 and R -3 to R -4 (62nd Ave. Mr. Ehmke said everyone is trying to get as many units as possible. So. Ehmke /Kato) RESOLUTIONS Attorney Hard reminded Council this is a rezone request, when voting you must state your reason. Councilman Saul asked if the motion could be amended to include 17 units per acre. Councilman Hill noted the Comprehensive Plan has been completed for two years. It seemed to be the concensus of the people that worked on it to set 17 as the limit in the R -4 zoned area. He asked if there was any way this could be included in the ordinance. Attorney Hard said they are entitled to any rights and conditions under the present zoning classification. If this is rezoned to R -4 they are entitled to all conditions set forth now even though those conditions are changing. It is legally possible to do a contract zoning which designated the use specifically. Councilman Harris asked if Council can conditionally rezone. Attorney Hard explained that it is possible for the property owner and the City to reach an agreement under a contract. This ordinance doesn't do this. Mayor Bauch reminded the Council that the vote will be by roll call and you must state the reason why you are voting for or against. ROLL CALL VOTE: 0?.2 HARRIS: NO, as it stands the density is too great and I would like to see it limited. The project otherwise is a beautiful project. HILL: NO, For basically the same reason. The Council and the Cit- izens have fought for the last three years to cut the density of the R -4 down to about 17, 21 is just crowding too close. JOHANSON: NO, my reasoning is the same, the density is too great for the adjacent properties that are just being developed. SAUL: NO, I would like it left R -3 to maintain 16 per acre. TRAYNOR: NO, The density is too great. VAN DUSEN: NO, this is an apartment area on the Comprehensive Plan but the zoning isa little too high. I would like to see the applicant come back with a contract to assure Council that what they propose is what is developed. MOTION FAILED. Resolution #649 MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE Authorizing the READ BY TITLE ONLY. MOTION CARRIED. Mayor to neg- otiate and Deputy City Attorney Hard read A RESOLUTION OF THE CITY OF TUKWILA, execute a WASHINGTON AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE A CONTRACT contract for FOR DATA PROCESSING CONSULTING SERVICES. Data Processing Consulting Services.MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT RESOLUTION NO. 649 BE ADOPTED AS READ.* TUKWILA CITY COUNCIL REGULAR MEETING Spetember 18, 1978 Page 7 RESOLUTIONS Cont. Resolution #649 Councilman Van Dusen asked how the periodic review would be handled. Authorizing the Mayor Bauch said the procedure will be included in the contract. Mayor to negotiate and execute a con- MOTION CARRIED. tract for Data Pro- cessing Consulting Services.- Cont. Resolution 650 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE Declaring its inten -READ BY TITLE ONLY. MOTION CARRIED. sion to improve a part of the City by Deputy City Attorney Hard read A RESOLUTION OF THE CITY COUNCIL OF THE improving portions CITY OF TUKWILA,WASHINGTON, DECLARING ITS INTENTION TO IMPROVE A PART of 62nd Ave. So.and OF THE CITY BY IMPROVING PORTIONS OF 62ND AVENUE SOUTH AND SOUTH 153RD So. 153rd. STREET BY ACQUISITION OF ADDITIONAL PUBLIC RIGHT -OF- WAY,GRADING, WIDEN- ING AND PAVING THE STREET SURFACE, STROM DRAINAGE, STROM SEWERS AND SANITARY SEWERS, WATER FACILITIES, UNDERGROUND UTILITIES AND STREET ILLUMINATION AND TO CREATE A LOCAL IMPROVEMENT DISTRICT TO ASSESS THE COST AND EXPENSE OF CARRYING OUT SUCH IMPROVEMENTS AGAINST THE PROPERTY SPECIALLY BENEFITTED THEREBY AND NOTIFYING ALL PERSONS WHO DISIRE TO OBJECT TO THE PROJECT TO APPEAR AND PRESENT THEIR OBJECTIONS AT A MEETING OF THE CITY COUNCIL TO BE HELD ON NOVEMBER 13, 1978. Resolution 651 Authorizing the Mayor to negotiate with Foster and Marshall for the sale of LID No. 27 Bonds. Resolution #652 Authorizing the Mayor to enter into a developers agreement with Southcenter Investors. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT RESOLUTION NO. 650 BE ADOPTED AS READ. o? .24 Councilman Johanson asked where the eastern boundary of this LID is, and was told the edge of the commercial property. Mayor Bauch said it is the recommendation of the Public Works Director to improve the remain- der of South 153rd at the same time as the construction of the LID. Councilman Johanson asked if this is being planned for traffic to flow down So. 153rd Street. Councilman Traynor said it is obvious that the egress and exit are already there. Councilman Johanson said the truck traffic is bad. They could have been routed out 62nd Ave. South. This is a bad deal. Voting against the LID isn't going to accomplish anything. He stated he has complained about the exit onto South 153rd before and suggested a cul -de -sac or put a barrier up. Councilman Van Dusen said there are some real traffic problems in this area that are going to have to be addressed sometime. Mayor Bauch said that one of the viable alternatives being explained by the Engineers is two back to back cul -de -sacs because of the difference in grades. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE WITH FOSTER MARSHALL, INC. FOR THE SALE OF LID NO. 27 BONDS. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 651 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPERS AGREEMENT WITH SOUTHCENTER INVESTORS. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 652 BE ADOPTED AS READ. Councilman Traynor expressed concern about the four lanes on Baker Boulevard changing to two lanes on Christensen Road. TUKWILA CITY COUNCIL REGULAR MEETING September 18, 1978 Page 8 RESOLUTIONS Cont. Resolution #652 Authorizing the Mayor to enter into a developers agreement with Southcenter Investors. Cont. Resolution 653 Authorizing the commencement of an annexation pro- ceeding by the election method. (Riverton area) Councilman Van Dusen read from the memo written by Councilman Bohrer recommending that the Developers Agreement and the conditions set forth by the Short Plat Committee be amended to show the street width on Christensen Road. He further recommended that Christensen Road, from Baker Boulevard north to Tukwila Parkway be equal in width to Baker Blvd. Councilman Traynor said Council was told it would be constructed to City standards. He asked what the standards are. Mayor Bauch stated that Mr. Monaghan had pointed out that the bridge over I -405 has 28 feet of pavement. He felt it unreal to have more than 40 feet of pavement coming out of the development. This would include a 36 foot pavement and a four foot sidewalk. Councilman Traynor asked if this provides for parking lanes and was told that street parking is not allowed. Mayor Bouch noted that the area under discussion is from Baker Boulevard north. Councilman Harris said that by widening this you are inviting more traffic It might discourage truck traffic to keep the width down. Councilman Van Dusen said he respects the opinion of the Public Works Director and would support the resolution. Councilman Traynor asked what happens if the bridge is widened to four lanes. Mayor Bauch said the greatest of the area is the City's respon- sibility not the developers. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, ACCEPTING AND APPROVING A PETITION FOR ANNEXATION AND AUTHORIZING THE COMMENCEMENT OF AN ANNEXATION PROCEEDING BY THE ELECTION MEHTOD OF A PORTION OF THE UNINCORPORATED AREA KNOWN AS "RIVERTON MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 653 BE ADOPTED AS READ. Mayor Bauch explained is authorizing the commencement of the annexation so it can be sent to the Boundary Review Board along with the petitions and the Notice of Intent. The Boundary Review Board will hold a Public Hearing on this and send their decision back to the City Council. Then, there is an election held and after that, based on the results of the election, Council can accept or reject the annexation. The people will vote on whether they will accept or reject the bonded indebtedness of the City. The only bonded indebtedness Of the City is the Golf Course. Councilman Harris asked if anyone in the audience would like to speak. Mr. Bob Wallace, Attorney for Rainer Bank, said they had just learned about this proposed annexation four hours ago. The law says that Council has 60 days in which to act following the certification of the petitions. Rainer Bank owns eight acres in the area. He asked Council to refer this matter to the next meeting to allow them time to research this. Mrs. Shirley Robinson said she and her family live in the area and she asked Mr. Wallace if he lives there. Mr. Wallace said no, he lives on Bainbridge Island. They have an operations facility in the area and employ about 800 people. Mrs. Robinson said she felt that it is those that live in the area who should decide the issue. Those that own property but do not live in the area are not as much affected and their request should be denied. TUKWILA CITY COUNCIL REGULAR MEETING September 18, 1978 Page 9 RESOLUTIONS Cont. Resolution #653 Mrs. Sharon Mann said she lives a few blocks away from the bank area. Authorizing the As residents they own more than eight acres. The employees of the bank commencement of and are not residents and do not spend the dollars earned in our area. She annexation pro- also requested that Council go on with their decision this evening. ceeding by the election method. (Riverton area) .2 Councilman Van Dusen said he will listen to the request but this probably isn't the time, The Boundary Review Board is their best forum to make any changes. Mr. Wallace said he is aware of the Boundary Review Board and the election method. The City Council has a disgressionary decision to make. He is concerned that Council can look upon this as a non disgressionary hearing by the passing onto the Boundary Review Board of the first step of disgression. The statute does not provide this. The Council must now decide to approve or reject the proposed petition. They may be in favor but have not had the opportunity to study it. Mr. Bruce Hanson, Auburn, said he owns twelve acres adjoining the bank property and he would also like more time to consider this. Mayor Bauch explained that tonight by this resolution Council is accepting the petition and this starts the annexation process. From here it goes to the Boundary Review Board. Councilman Saul said suppose we wait two weeks and these gentlemen come back and they both say no they don't want to annex. Is this going to alter the Council's decision to accept the petitions. Mayor Bauch said this is one of the disgressionary acts Council can take. Councilman Van Dusen read the memo from Councilman Bohrer stating that he supports the resolution for annexation. He recommended that Council schedule an open meeting with the commissioners of Fire District #18, the petitioners and residents to discuss fire protection service to the area. Mayor Bauch proposed that Council meet in open session prior to submitting this to the Boundary Review Board to discuss some of the issues on the questionnaire. Mr. Wallace asked if they would have the opportunity to assist and Mayor Bauch assured him that all meetings are open. Mr. Wallace said he felt a hearing where they could present their point of view would be better prior to holding the meeting being discussed. He said he sees this as a disgressionary step. They would like a chance to be heard in an open Council meeting. Attorney Hard said that Mr. Wallace is right, Council has 60 days from the filing of the petition. You don't have to accept the petition right now if you don't want to. Mayor Bauch offered Mr. Wallace a copy of the Annexation Policy. It states that Council will accept annexation petitions of any size within the planning area. Councilman Harris pointed out that one of the greatest advantages in annexing to the City is a voice in the government. Council will listen to everybody. Now, we have two opposite requests. This is a difficult decision. Mrs. Sharon Mann said they have followed the correct procedure to petition. She said she felt Council should proceed. Mr. Wallace said if they are given the time to consider this they may come back with no objections. He noted that the resolution provides that the area will assume the bonded indebtedness. He would like to look into this. Mayor Bauch said the resolution provides the electorate the chance to vote on this. TUKWILA CITY COUNCIL REGULAR MEETING September 18, 1978 Page 10 RESOLUTIONS Cont. DEPARTMENT REPORTS Mayor's Report Councilman Johanson cited the second whereas and said the wording bothered him. WHEREAS, the City Council of the City of Tukwila has determined that the best interests and general welfare of the City of Tukwila would be served by the annexation. He asked what the position on fire service is. Resolution #653 Authorizing the commencement of and annexation proceeding by the election method.Mayor Bauch said the City would be responsible. The possibility of (Riverton area) contracting the service with the Fire Districts now serving the area has been discussed. The contract could be for the amount of their levy which is about $5,000. Attorney Hard suggested striking the word "would" and put in "may MOVED BY SAUL, SECONDED BY TRAYNOR THE RESOLUTION BE AMENDED BY CHANGING THE WORD "WOULD" TO "MAY" IN THE SECOND "WHEREAS MOTION CARRIED. Councilman Traynor said Council should accept the resolution and go on with the program. Councilman Johanson expressed concern over the fire service and said he felt the area should assume the indebtedness. Councilman Hill said his concern is the same as Councilman Johanson, they want to be sure that the City can serve the area if we are going to annex it. Mr. Wallace stated that the resolution provides that if you pass this you have lost the first step of disgression and the statute says you "shall" refer the matter to the Boundary Review Board. He urged that Council hold their meeting and resolve the questions before adopting the resolutior Attorney Hard explained that citizens, qualified electorate of the area, have petitioned the City and taken the first step. By this they have acquired certain rights. It has been certified by the City Clerk and now Council must decide whether to accept or reject the petition. If Council accepts the petition it provides that you shall turn this over to the King County Boundary Review Board. If Council discovered later that there were some genuine problems with this it could be provided to the Board. If there were enough negative aspects the Board would probably not approve it and it would die. Mr. Wallace said that the section with respect to the duties of the Bound- ary review board is also mandatory. Mayor Bauch said that if something became obvious during the answering of the questions in the Notice of Intent and it was not in the best interest of the City the Boundary Review Board would review the answers and leave them where they are. Now, we are only going to present an honest position of the City as to the ability of the City to serve the area. Councilman Harris said that after it comes back from the Boundary Review Board Council still has to pass an ordinance to hold an election. Mrs. Mann said they did some homework before they signed the petition to be sure that Tukwila could provide them with at least the services they already have. MOTION CARRIED AS AMENDED WITH JOHANSON VOTING NO. Mayor Bauch reported that the administrative offices for the City are moving to new City hall on Wednesday and the Police Department on Friday. The dedication will be held September 29th from 3:00 to 7:00 p.m. with the ceremony at 4:30. TUKWILA CITY COUNCIL REGULAR MEETING September 18, 1978 Page 11 DEPARTMENT REPORTS Tukwila /Southgate Community Center. Finance Director's Investment Report Foster Park Tukwila/ Comm. Center Site Impairment Audience Comment Civil Service Hearing ADJOURNMENT: 9:53 P.M. Cont. The recreation Department is having an Open House at the Community Center on Wednesday from 7 to 9:00 p.m. Everyone is invited. Councilman Harris read the Monthly report of Investments submitted by Ron Swanson, Finance Director. Interest Income 36,668.95 Investment Sold 2,954,000. Investments Pun 3,000,045. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Councilman Traynor reported that the Attorney for Rainier Bank wanted to thank the Council for listening to him. Councilman Traynor reported that the south end of the field at Foster Park is torn up. He had heard that a mens soccer team was there practicing. The field is not meant for that type of activity. Mayor Bauch offered that Mr. Stoknes will investigate. Councilman Hill made the request that with the scheduling of the new community center, the citizens be given first chance. Councilman Harris reported site empairment at the corners of South 142nd and 58th Ave. So. and South 142nd and 57th Ave. South. Mr. Robinson, audience, speaking for some of the petition signers, said the main reason they signed the petitions was they have observed the operation of the Council and have confidence in it. It looks like a good operation. Councilman Traynor said the Civil Service Commission is holding hearings on a personnel matter. If Council hasn't attended it is quite interesting. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. c� 40.0 Mayor `City Clerk