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HomeMy WebLinkAbout1978-10-16 Regular MinutesOctober 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 CITIZEN'S COMMENTS Claim for Damages: Michael R. Desimone 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. DANIEL D. W00, Deputy City Attorney; JOHN MCFARLAND, Administrative Assistant; TERENCE MONAGHAN, Public Works Director; KJELL STOKNES, 0.C.D. Director; RON SWANSON, Finance Director; MAXINE ANDERSON, City Clerk. MOVED BY VAN DUSEN,SECONDED BY HILL, THAT THE MINUTES OF THE REGULAR MEETING OF OCTOBER 2, 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.* Councilman Johanson asked about Voucher No. 675 to Messenger Sign Co. in the amount of $5,054.00. Mayor Bauch said that even if it is approved the bill won't be paid until the signs are installed. These signs are in storage and will stay there until something comes back from the Planning Commission. MOVED BY HILL, SECONDED BY JOHANSON, THAT COUNCIL WITHDRAW VOUCHER NO. 675 AND REFER IT TO THE COMMITTEE OF THE WHOLE FOR NEXT MONDAY NIGHT. MOTION CARRIED. *MOTION CARRIED. Current Fund Golf Course Special Street Fund Fed. Shared Revenue Land Acquisition City Hall Constr. Water Fund Sewer Fund Bond Reserve TUKWILA CITY COUNCIL PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS REGULAR MEETING Tukwila City Hall MINUTES Council Chambers Vouchers No. 519 720 (Excluding 675) 521 637 720 638 639 640 659 660 669 670 671 672 679 680 698 699 718 719 56,923.80 11,718.33 23,966.35 1,350.21 2,756.55 6,156.08 29,399.10 20,240.77 25,489.77 $178,000.96 21 Planning Commission: Mayor Bauch's letter appointing Mr. Gerald James to the Planning GERALD JAMES Commission was read. He is appointing Mr. James, 14434 -57th Ave. So., to unexpired Position #4 which became vacant when Mr. Lloyd Hartong resigned. This position expires January 1, 1983. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL CONCUR WITH THE APPOINTMENT OF MR. JAMES TO THE PLANNING COMMISSION. MOTION CARRIED. Southcenter Tukwila Mayor Bauch noted that Maxine Anderson, City Clerk, has been selected B.P.W.: Woman of the as the Woman of the Year by the Southcenter Tukwila Business and Pro Year fessional Womans Clubs. John McFarland, Administrative Assistant reported that the City is in receipt of a claim for damages totaling $233.14 from Mr. Michael R. Desimone for damages to his vehicle. The damage is the result of a Park Maintenance Department equipment trailer striking the claimants vehicle. A clear liability exists on behalf of the City. He recommend- ed that the claim be awarded in full. TUKWILA CITY COUNCIL REGULAR MEETING October 16, 1978 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS 2290 Claim for Damages: MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT COUNCIL APPROVE THE CLAIM Michael R. Desimone AS PRESENTED.* Councilman Bohrer noted that the "claim as presented" is for $257.81 and this is the higher of the two bids. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT THE MOTION BE AMENDED TO PAY THE CLAIM IN THE AMOUNT OF $233.14. MOTION CARRIED. *MOTION CARRIED AS AMENDED. Waiver to Ordinance Mayor Bauch noted that the waiver is to construct 60 apartments on a #1035 requested site located west of Interurban Avenue and East of 56th Ave. South, by Felix Campanella immediately North of the East -West extension of South 139th Street. for property located Council can approve the waiver or deny it based on the staff report east of 56th Ave. and the recommendation of the Planning Commission. So. Councilman Traynor asked if Council concurres with the Planning Commission recommendation do we need to review the waiver checklist. He noted that Attorney Hard recommends use of the waiver checklist and he said he felt Council should use it. Councilman Johanson said he understood the applicant would adjust their drawings to some extent to comply with the Planning Commission recommenda- tion. Mayor Bauch said Mr. Campanella called and said they would be submitting a set of drawings to the City that do not require a waiver. Councilman Bohrer said he has two concerns he hopes are addressed in the subsequent proposal. One, a policy in the Comprehensive Plan says the City should discourage the development on slopes exceeding 20 All of their plans to date show development of slopes much steeper than this. Second concern is the over all density of this proposal compared with a recent action on another rezone. Councilman Van Dusen said the waiver is for a 60 unit development and this is what is before Council tonight. Kjell Stoknes, 0.C.D. Director, said formally they have only submitted a waiver for 60 units even though they have talked of reducing it to 53. The only thing before Council is the 60 unit proposal. Councilman Van Dusen said Council should either approve this or deny it through the checklist. Councilman Traynor said he agrees and it should be taken care of at this time. WAIVER CHECKLIST CRITERIA VOTE AS FOLLOWS: ITEM 1. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL VOTE YES ON "DOES THE PROPOSED ACTION REPRESENT A UNIQUE CONDITION WHICH IS NOT SIGNIFICANT IN SCALE Councilman Bohrer sighted from the Application for Waiver Answers, Item #3, "The scale of the project is significant due to the topography of the site and the amount of earthwork required to facilitate the project." *ROLL CALL VOTE: NO BOHRER, HARRIS, HILL, JOHANSON, SAUL, TRAYNOR, VAN DUSEN. MOTION FAILED. ITEM 2. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL VOTE YES ON "HAS THE APPLICANT INVESTIGATED REASONABLE ALTERNATIVES AVAILABLE WHICH WOULD NOT REQUIRE A WAIVER TUKWILA CITY COUNCIL REGULAR MEETING October 16, 1978 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Waiver to Ordinance Councilman Harris noted that since the application was filed dialogue #1035 requested has revealed that he has investigated a different alternative. Mayor by Felix Campanella Bauch said this would be prior to submitting this application. for property located east of 56th Ave. *ROLL CALL VOTE: So. ORDINANCES Ordinance #1083 Changing the name of the custodian for the "Advance Travel Expense Account." NO BOHRER, SAUL, VAN DUSEN NO ACTION HARRIS, HILL, JOHANSON, TRAYNOR MOTION FAILED. ITEM 3. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL VOTE YES ON "IF THE REQUEST FOR WAIVER INVOLVES BUILDING, GRADING, CLEARING, EXCAVATION, OR FILLING IN A GEOGRAPHICAL AREA GENERALLY IDENTIFIED BY THE ENVIRONMENTAL BASEMAP AS AN AREA OF HIGH NATURAL AMENITY OR DEVELOPMENT CONSTRAINT, ARE MITIGATING MEASURES PROVIDED Mayor Bauch explained that if the developer is going to make extensive cuts on the hill, cut down most of the trees or items described on the environmental base map they need to provide mitigating measures. *ROLL CALL VOTE: NO BOHRER, Ordinance 1035 introduces the concept of sufficient mitigating measures which is omitted from this,and though the applicant talks about six separate measures he feels mitigate this, I don't concur; HARRIS, HILL, JOHANSON, SAUL, TRAYNOR, VAN DUSEN. MOTION FAILED. ITEM 4. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL VOTE YES ON "IS THE REQUEST FOR WAIVER CONSISTENT WITH THE GOALS AND POLICIES OF THE COMPREHENSIVE LAND USE POLICY PLAN Councilman Bohrer stated slope and density are two very important items and they are not adequately dealt with. *ROLL CALL VOTE: NO BOHRER, HILL, HARRIS, JOHANSON, SAUL, TRAYNOR, VAN DUSEN. MOTION FAILED. ITEM 5. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON "DO THE REQUIREMENTS OF THIS ORDINANCE IMPOSE A SPECIAL HARDSHIP TO A SITE FOR WHICH A WAIVER OF THE PROVISIONS WOULD NOT NECESSITATE A MAJOR POLICY COMMITMENT PRIOR TO THE ADOPTION OF THE ZONING ORDINANCE AND MAP ROLL CALL VOTE: NO BOHRER, HARRIS, HILL, JOHANSON, SAUL, TRAYNOR, VAN DUSEN. MOTION FAILED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE WAIVER BE DENIED BASED ON COUNCIL VOTED ON EACH CRITERIA AND AT LEAST ONE CRITERIA FAILED TO GOT A FAVORABLE VOTE. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Woo read an ordinance of the City of Tukwila, Washington amending Section 2 of Ordinance No. 1050, changing the name of the custodian for the "Advance Travel Expense Account." TUKWILA CITY COUNCIL REGULAR MEETING October 16, 1978 Page 4 ORDINANCES Ordinance #1083 Changing the name of the custodian for the "Advance Travel Expense Account." Ordinance #1084 Fixing the amount of Tax Levies necessary to raise funds to meet the estimated expendi- tures for the year 1979. RESOLUTIONS Resolution #654 Accepting Approv- ing a petition for annexation of the unincorpo- ated area knows as "Riverton." MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ORDINANCE NO. 1083 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Woo read an ordinance fixing the amount of tax levies necessary to raise funds to meet the estimated expenditures for the year 1979 as required by RCW 35A.84; authorizing the Finance Director to certify such budget or estimate of the amount to be raised by taxation on the assessed valuation of the property located within the City of Tukwila, Washington, and declaring an emergency. MOVED BY VAN DUSEN, SECONDED BY JOHANSON, THAT ORDINANCE NO. 1084 BE ADOPTED AS READ. Mayor Bauch read the Tax Levy figures as follows: General Levy, All Funds Special Levy Excess Millage Total 1,124,223. 152,299. 1,276,522. 390,490,212. 11,485,676. zZ5Z. 2.832 .390 3.222 Total Assessed Valuation New Construction MOTION CARRIED MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Woo read a resolution of the City of Tukwila, Washington, accepting and approving a petition for annexation and authorizing the commencement of an annexation and adoption of a proposed zoning regulation proceeding by the election method of a portion of the unincorporated area known a "Riverton." MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 654 BE ADOPTED AS READ. Councilman Hill said he felt the City owes the people in this area a service but that Staff has not given adequate information to Council so a decision can be made. Council needs to know if the services the people are looking for can be provided. Mayor Bauch said that, until Council agrees they want to accept this, Staff will not do an indepth study. They will do that in developing the questions and answers for the Boundary Review Board. Councilman Hill said he felt,in the past,studies were made prior to annexation as to the income from the area, additional personnel needed, can the City provide the services necessary, etc. Councilman Harris said she felt, prior to Staff spending time on a study, Council needed to accept or turn down the annexation petitions. Councilman Johanson said he also wanted more information and had asked for it earlier so that Council would have a report for the discussion period tonight. Councilman Bohrer said that the final information he would like to have depends on action by the Council. It is impossible to see what the results are going to be at the present time. It is not desirable to have Staff and Administration spend a lot of money to do an analysis when Council has not indicated an interest. TUKWILA CITY COUNCIL REGULAR MEETING October 16, 1978 Page 5 RESOLUTIONS Cont. Resolution #654 Accepting Approv- ing a petition for annexation of the unincorpor- ated area knows as "Riverton." RECESS: 8:00 P.M. 8:10 P.M. MOTION CARRIED 22 Councilman Traynor said that when it goes to the Boundary Review Board,Council has no idea what they might do. He suggested passing the resolution and getting on with the program. He stated there was no way he would jeopardize the City to support anyone else. Attorney Woo explained that the proposed resolution is drawn in accordance with the State Statute. It provides the combination of annexation and adoption of proposed zoning regulations. Mayor Bauch suggested that Council advertise immediately for the first Public Hearing required under Resolution No. 653 and hold the hearing on November 6th. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE MAYOR BE AUTHORIZED TO ESTABLISH A DATE FOR COUNCIL TO MEET WITH THE FIRE DISTRICTS INVOLVED AND THE RESIDENTS OF THE AREA TO DISCUSS FIRE PROTECTION. MEETING TO BE HELD AT THE COMMUNITY CENTER. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL HOLD A PUBLIC HEARING ON THE ZONING FOR THE ANNEXATION AREA ON NOVEMBER 6, 1978. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT COUNCIL RECESS FOR TEN MINUTES. MOTION CARRIED. Mayor Bauch called the Regular Meeting back to order with Council Members present as previously reported. Resolution #655 MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION Extending BE READ. MOTION CARRIED. sincere appre- ciation to the Doubletree Inn. Deputy City Attorney Woo read a resolution of the Mayor and Tukwila City Council extending sincere appreciation to the Doubletree Inn for their part in making the dedication of the new City Hall Building a huge success. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT RESOLUTION NO. 655 BE ADOPTED AS READ. MOTION CARRIED. Proposed Resolution- MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE Amending the adopted READ BY TITLE ONLY. MOTION CARRIED. Job Classification Schedule Deputy City Attorney Woo read a resolution of the City of Tukwila, Washington, amending the provisions of Resolution No. 614 as they relate to adopted job classification schedule. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Councilman Traynor expressed concern over Item 3 of the proposed Resolution and asked who does this type of work for the surrounding Cities. Terence Monaghan, Public Works Director, said there are two options they contract it out or they don't have the facilities that require this position. Councilman Harris said in the Cities she called it was either the custodian or it came under their Building Department as it did here previously. Councilman Traynor asked if we are generating a position so someone will be on hand to call for professional service. Mayor Bauch referred to the job description and said the position also includes outside maintenance that otherwise would have to be done by a Park maintenance person. This is a working position. If the title is causing the problem it can be changed. There is no intention that this be a supervisory position. It is the same grade as the Crew Chief. This person has to have more expertise than a Crew Person. TUKWILA CITY COUNCIL REGULAR MEETING October 16, 1978 Page 6 RESOLUTIONS Cont. Proposed Resolution- Councilman Bohrer said he has another problem with this position. It Amending the adopted is created at a salary grade 6, but some of the discussion shows he will Job Classification be doing some of the work equivalent to a grade 10. He questioned Schedule establishing this as a grade 6. Mr. Monaghan said the minutes do not reflect what he said. The question was asked as to how much work was involved in this position for the mechanical /electrical work. He said he had no idea as the contractor had not furnished this information. What he said was at that time, probably for the past two weeks there has been the equivalent of 20 man -hours spent between this building and Tukwila Southgate Community Center on building related problems. He said he does not know, at this point, how many man -hours are going to be spent doing the high techno- logical type things. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT SECTION 3 BE AMENDED BY CHANGING THE WORD SUPERINTENDENT TO MECHANIC. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT THE MOTION BE FURTHER AMENDED TO CHANGE THE SALARY GRADE FORM GRADE 6 TO GRADE 9. Councilman Bohrer said he felt the grade 6 a bit high on the level for this particular position. On the ranking he noted points being given for physical effort and for supervision which he did not agree with. Since this person will spend part of his time as a Crew Person with the rank of 10, Councilman Bohrer picked the grade 9. Councilman Johanson said that some expertise would be desirable. This position will require a little more than just standard maintenance work. There will have to be some knowledge of the systems themselves. Mr. Monaghan said it was his intent that this is a working position. Once the technical aspects are fully established all excess time would be used to supplement the ground maintenance crew. This person will not sit in the office, he will be doing things. The equipment is relatively sophisticated and going to need routine maintenance. There is also accountability for his actions concerning the decisions he makes. Councilman Traynor said we are asking this person to do more than a Crew Person so he said he does not agree with a grade 9. The grade 6 was questioned in Committee. Councilman Bohrer said Council does not have very good information about what the maintenance level is. He suggested deleting Section 3 and bringing it back when there is more information available. Mr. Monaghan noted that as time goes on we need to attend to this function so they can learn the mechanical /electrical systems. Councilman Hill said he agrees a 6 is too high but the 9 won't give the quality of personnel it will take. *MOTION FAILED. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE MOTION BE AMENDED TO CHANGE THE GRADE 6 TO A GRADE 7. ROLL CALL VOTE: NO BOHRER, HARRIS, TRAYNOR, VAN DUSEN YES HILL, JOHANSON, SAUL MOTION FAILED. TUKWILA CITY COUNCIL REGULAR MEETING October 16, 1978 Page 7 RESOLUTIONS Cont. Proposed Resolution- MOVED BY JOHANSON, SECONDED BY HARRIS, THAT THE POSITION OF BUILDING Amending the adopted MAINTENANCE MECHANIC BE PLACED AT SALARY GRADE 8. Job Classification Schedule ROLL CALL VOTE: Resolution #656 Adopting guidelines for the review of waiver requests on the City Light Site. YES BOHRER, HARRIS, JOHANSON, TRAYNOR NO HILL, SAUL, VAN DUSEN MOTION CARRIED. MOTION CARRIED TO CHANGE THE NAME FROM SUPERINTENDENT TO MECHANIC. Councilman Bohrer wondered if the City is not creating an impossible position. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT SECTION 3 BE DELETED AND REFERRED TO THE PERSONNEL COMMITTEE FOR FURTHER STUDY. Councilman Johanson agreed that Council is dealing with an unknown where this position is concerned and agreed that it needed more study but said he would not like to see it deleted. Councilman Hill said he agreed. We need to get someone on board to learn the mechanics in the new building. Councilman Bohrer said if Council doesn't know how many hours the job will require it is hard to make the decision. There are alter- natives to handling this problem. Councilman Traynor reminded Council that this decision is hard but Council must consider the job requirements and not the person who will fill the position. *ROLL CALL VOTE: NO HILL, JOHANSON, TRAYNOR, VAN DUSEN YES BOHRER, HARRIS, SAUL MOTION FAILED. Councilman Bohrer asked if the Office Engineer will be required to have a Professional Engineering License. Mr. Monaghan said no, a degree is required. He must be licenseable. *ROLL CALL VOTE: (To adopt the proposed Resolution as read) NO BOHRER, HILL, SAUL, VAN DUSEN YES HARRIS, JOHANSON, TRAYNOR MOTION FAILED. Zz35 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Woo read a resolution of the City of Tukwila, Washington, adopting guidelines for the uniform review of waiver requests from Ordinance #1035 on the City Light Site. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT RESOLUTION NO.656 BE ADOPTED AS READ.* Mr. George Kropinski, Narod Development Corporation, said they are interested in developing the City Light Site. Today they submitted a waiver application. He said, as he understands it, this resolution just sets up the guidelines for Council review of waiver applications and he was told that is correct. Mr. Kropinski commented that they have been working over the past couple of months with planning staff preparing TUKWILA CITY COUNCIL REGULAR MEETING October 16, 1978 Page 8 RESOLUTIONS Cont. Resolution No. 656 Adopting guidelines for the review of waiver requests on the City Light Site. 2Z9Co the plans to go through the waiver procedure. This resolution now sets guidelines which were not available while they were preparing their plans. He asked if this would be taken into account when the plans are presented. In reviewing the resolution, he commented that they meet most of them. Councilman Van Dusen said he looks on these as only guidelines to give people an idea of what Council is looking for. Mr. Stoknes said he is not sure whether Council wanted these policies to give all developers direction for developing the pond so they wouldn't have to ask for a waiver or whether they are to be used as guidelines in reviewing waivers. They could be used either way. Attorney Woo said the wording of the resolution requires that the guidelines be used in reviewing waiver requests. Mr. Kropinski said the filling of the site has nothing to do with waiver applications as he understands it. The waiver application is required because the site is presently zoned Industrial where as the Comprehensive Plan designates it as a Retail /Commercial Center. Fred Satterstrom, Associate Planner, said it qualifies for a waiver under both the land use conflict and that it infringes upon the natural area of the pond. Councilman Bohrer said it appears that Council would not process an application until such time as someone has purchased the site or has purchased an option on it. He felt Council is attempting to establish guidelines for future development of the site not for the waiver process. Mr. Kropinski noted time is running out on the bids, they have to be in by November 8th. He asked if Council will review their waiver application according to these guidelines. Councilman Bohrer said some changes he is going to suggest in the resolution are that the guidelines are for future development not for processing a waiver. Mr. Kropinski said they have been working for over a month under the old waiver system but they would be happy to have their plans analyzed with these guidelines in mind. He expressed concern that now their applicant will not be processed. He further commented that they do have a financial interest in the site in as much as they are submitting a bid deposit of 5% of the amount of the bid. They can also supply a letter from Seattle City Light authorizing them to proceed with the waiver application. Councilman Harris asked if the City would be legally involved if Council denied a waiver and it turned out to be the high bidder. Attorney Woo said he doesn't believe that just because City Light has accepted a bid proposal the Council is required to abide by City Light's decision. The decision is in the hands of the City Council as to whether the requirements have been fulfilled. There is no vested interest at this point. Councilman Bohrer said Council's intent was to make the whole process easier. The general guidelines are for future development so this should make it easier to submit a bid because you don't have to rush through a waiver at this point. This way an applicant doesn't have to disclose his development ideas in order to get a waiver. Mayor Bauch suggested that Council continue this regular meeting to next Monday so they can listen to any requests and still take action on this matter. If there are other serious bidders they should come forward by that time. TUKWILA CITY COUNCIL REGULAR MEETING October 16, 1978 Page 9 RESOLUTIONS Cont. Resolution No. 656 Adopting guidelines for the review of waiver requests on the City Light Site. 2.29'7 Councilman Johanson said he has no problem with continuing the meeting but requested legal direction from the City Attorney as to whether Council can discuss an application for a waiver from someone that has no financial interest in the property. Mayor Bauch said that Council would have a City Attorney's opinion by that time. Mr. Stoknes said that if a waiver application comes in it would have to be referred to the City Attorney to determine if it is a proper application based on lack of interest in the land. He asked Council to allow a potential waiver applicant to make a complete application so when it comes to Council next Monday it could be sent on to the next regular meeting for action. He expressed concern as to staff saying they can apply for a waiver with the proper signature from City Light. If City Light does give the authority is it valid. Councilman Johanson said he would like to be sure they have good legal direction on these waivers. If they don't have a vested interest and the letter from City Light is enough to give them interest then other land owners could do the same thing. He said he believes this is against the reason for the law. Councilman Bohrer offered the following amendments to the proposed resolution. They involve changing the thrust of the resolution from general guidelines for processing waivers to general guidelines for future site development. 1. Change the title to read, "A Resolution of the City of Tukwila Washington, adopting general guidelines for the future development of the City Light Site, a site depicted on the comprehensive land use plan map as an area requiring special development considerations." 2. Revise the second whereas to read, "WHEREAS, the City Light site is presently for sale by sealed bid and several potential bidders have inquired as to the development potential of the property;" 3. Change the third whereas to read, "WHEREAS, in order to cooperate withthese potential bidders, the City Council desires to develop uniform guidelines for the future development of the site." 4. At the end of the introductory paragraph to the resolution amend the second sentence to read, "Also, using the policy direction of the Comprehensive Land Use Policy Plan, the following guidelines are hereby adopted in order to provide direction for the future development of the City Light site:" MOVED BY BOHRER, SECONDED BY SAUL, THAT THE RESOLUTION BE AMENDED ACCORDING TO THE WORDING SUBMITTED. Councilman Bohrer explained that the intent is to direct this at the future development of this specific site so it is not all inclusive. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT SECION 8 BE AMENDED TO READ, "MAJOR PORTIONS OF THE POND AND THE WILDLIFE NESTING AND REFUGE AREAS ON THE SOUTHERN PORTION OF THE SITE SHOULD BE RETAINED. Mr. Ross Tunnel, Realitor, said he did some background study into the development of ponds and the wildlife that inhabit them. He commented that a nice job has been done on this but would like to see the one third restriction reduced somewhat in size. He further commented that this could be a very delightful park and he asked if the City would consider acquiring this for their own park. He again said if the Council could reduce the one -third to somewhat less it would be helpful. TUKWILA CITY COUNCIL REGULAR MEETING October 16, 1978 Page 10 RESOLUTIONS Cont. Resolution No. 656 Adopting guidelines for the review of waiver requests on the City Light Site Resolution No. 657 Stating the City's 1979 priorities as they relate to Housing and Com- munity Dev. Block Grant Resolution No. 658 Providing for an interfund loan DEPARTMENT REPORTS Mayor's Report Finance Director's Investment Report EXECUTIVE SESSION 10:10 P.M. 10:26 P.M. MEETING CONTINUED MOTION CARRIED. *MOTION CARRIED TO ADOPT THE RESOLUTION AS AMENDED. Consensus is that at the end of the meeting a motion will be made to continue the regular meeting to next Monday. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Woo read a resolution of the City Council stating the City's 1979 priorities as they relate to Housing and Community Development Block Grant applications pursuant to Housing and Community Development Act of 1974. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT RESOLUTION NO. 657 BE ADOPTED AS READ.* Mr. Stoknes asked Council to include an additional $1,000. The Teen Job Mart was budgeted last year but the County did not extend it. The new total would be $9,700. He suggested Section 2 be revised to read, "From Teen Job Mart to Interurban Ave., $1,000. MOVED BY JOHANSON, SECONDED BY SAUL, THAT THE RESOLUTION BE AMENDED TO INCLUDE THE $1,000. MOTION CARRIED. *MOTION CARRIED AS AMENDED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Woo read a resolution providing for an interfund loan between the Land Acquisition, Building and Development Fund and the City Hall G.O. Bonds Debt Service Fund. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 658 BE ADOPTED AS READ. MOTION CARRIED. Mayor Bauch reported that there are still some items in new City Hall that are incomplete. They are items that were overlooked in design or became apparent in the Capital Equipment requests for 1979. He read a portion of the list. He said they could be paid for from the Contingency Fund in this years budget. Councilman Van Dusen said the ventilation in the Police Clerk's office needs to be checked. Council- man Harris said the accoustics in the Council Chambers needs to be studied. Councilman Harris read the report submitted by Ron Swanson, Finance Director. Interest income for the month of September amounted to $21,320.92. This resulted from the following activity: Investments sold: $2,810,000. Investments purchased: $2,272,000. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL GO INTO EXECUTIVE SESSION. MOTION CARRIED. Session called to discuss the King County Lawsuit regarding Health Services and a personnel matter. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL BE CONTINUED TO 7:00 P.M., MONDAY, OCTOBER 23, 1978 MOTION CARRIED. C i t y Clerk