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HomeMy WebLinkAbout1979-05-07 Regular MinutesMay 7, 1979 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL City Council Motion No. 79 -04: Meeting times for the four Council Committees OLD BUSINESS Tow Truck Rates 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, Council President, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DANIEL J. SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN. LAWRENCE E. HARD, City Attorney; KJELL STOKNES, OCD Director; MAXINE ANDERSON, City Clerk. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE MINUTES OF THE REGULAR MEETING OF APRIL 16, 1979 AND THE SPECIAL MEETING OF APRIL 23, 1979 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Fund Vouchers #2647 #2860 Current Fund Golf Crse. Spec. Rev. Street Fund Land Acq, Bldg, Dev. Foster Golf Acq. etc. Water Fund Sewer Fund o Z 4l.5f/ PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS 2647 -2793 2794- 2795 -2815 2816 -2820 2821 -2823 2824 -2841 2842 -2858 43,014.55 2,708.00 43,341.61 21,398.41 2,740.60 13,378.04 18,626.89 $145,208.10 Tukwila City Hall Council Chambers LID 25 C84 90.00 Rev. #48 90.00 LID 28 C21/2859 C22/2860 858.19 No Rev. warrant /special funding LID 29 Cl thur C4 $33,559.45 Rev. #1 $33,559.45 MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT THE PROPOSED COUNCIL MOTION BE READ. MOTION CARRIED. City Attorney Hard read a motion of the Tukwila City Council changing the meeting time, place and date for the four standing committees as established by City Council Motion No. 78 -03. MOVED BY BOHRER, SECONDED BY TRAYNOR,THAT CITY COUNCIL MOTION NO. 79 -04 BE ADOPTED AS READ. MOTION CARRIED. Mayor Bauch notes that this item was tabled at the Committee of the Whole Meeting of April 23, 1979. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT THE SUBJECT OF TOW TRUCK RATES BE CONSIDERED. MOTION CARRIED. Mayor Bauch read TMC 5.44.120 RATES. "All rates must be approved by the City Council and be made a matter of record." MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE TOW TRUCK RATES SUBMITTED WITH THE BUSINESS LICENSE RENEWAL APPLICATIONS BE APPROVED AND MADE A MATTER OF RECORD.* Councilman Bohrer asked the City Attorney if Council can change the rates or only recognize them. Attorney Hard said he believes Council has the power to change rates. You do not have to accept the rates submitted to you. The language in the TMC gives you the power to not approve all rates except those you feel are appropriate. TUKWILA CITY COUNCIL, REGULAR MEETING May 7, 1979 Page 2 OLD BUSINESS Continued Tow Truck Rates NEW BUSINESS Assigning numbers to Council Positions for election Proposed annexation of 28 acres located south of So. 178th east of I -5 (Schneider Homes) Councilman Harris asked what happens if Council disapproves the rates. Attorney Hard said he assumes the license would not be granted. Mayor Bauch asked if the rates are approved can the Tow Truck Operators change rates without coming back to Council. Attorney Hard said if they raise the rates they are violating the conditions on which the license was granted. Mayor Bauch reminded Council that Dick's Towing has submitted a new rate schedule. *MOTION CARRIED WITH HILL AND HARRIS VOTING NO. Mayor Bauch added that, in accordance with the Municipal Code, the Tow Truck Rates will be made a matter of public record and there will be an administrative policy adopted. Our citizens have a right to know the rates. In accordance with the Washington State Statute, it is the responsibility of the City Clerk to assign consecutive numbers to council positions subject to election this year. At random drawing results as follows: Hill Position #1 Traynor Position #2 Van Dusen Position #3 Mayor Bauch noted that the discussion on the annexation of 28 acres requested by Schneider Homes was tabled at the Committee of the Whole Meeting of April 23, 1979. MOVED BY BOHRER, SECONDED BY HILL, THAT COUNCIL CONSIDER THE PROPOSED ANNEXATION REQUESTED BY SCHNEIDER HOMES. MOTION CARRIED. The tabled motion is as follows: "MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE PROPOSED ANNEXATION BE FORWARDED TO THE PLANNING COMMISSION. Councilman Traynor clarified that this will go to the Planning Commission for a recommendation on the zoning. Councilman Saul said he is in favor of voting to accept or reject the petition. This would save time and Council would know whether to proceed or not. Attorney Hard called attention to RCW 35A.14.120 and said he wants to be sure Council follows the necessary procedure. Mayor Bauch reminded Council that the meeting last week with the initiating parties was held in accordance with the RCW. It was referred to this meeting for action. Councilman Hill said that Council has not yet heard what Mr. Schneider has proposed and is already saying they are not interested everyone that comes before the Council has a right to be heard. Councilman Saul referred to a letter from Richard R. Wilson, Attorney representing Schneider Homes. It is the intention of Schneider Homes, Inc., to request medium density residential zoning and a similar comprehensive plan amendment from the Council pursuant to the procedures set forth in RCW Chapter 35A.14." This is contrary to the Comprehensive Plan adopted by Council. If they came in and said they wanted to build residential homes, this would be great. TUKWILA CITY COUNCIL, REGULAR MEETING May 7, 1979 Page 3 NEW BUSINESS Continued Proposed annexation of 28 acres located south of So. 178th east of I -5 (Schneider Homes) c›? 5's/3 Councilman Traynor agreed -their letter does not agree with the Comprehensive Plan. Councilman Hill said that, to him, the Comprehensive Plan is to be used as a guide. When the Comprehensive Plan was adopted, the Council members were not all in agreement with each section. Maybe this area isn't the best R -1 property since it is next to heavy industry. Maybe this section needs to be looked at again. Councilman Saul again said Council should vote to see if anyone has changed his mind in the past year. Mr. Richard R. Wilson, Attorney representing Schneider Homes, said that Council's minds should not be made up at this point. He agreed the Comprehensive Plan is a guideline. It can be changed. It is suggested land uses. They would like the opportunity to be heard. For Council to make the decision tonight that they will not even consider the annexation based on subjective feelings on how the zoning should be is totally unfair. This would amount to a denial of due process. You are supposed to look at zoning very carefully. This is why the law requires two hearings. All Schneider Homes is doing is starting the process by suggesting the zoning they would like to see. It would be very unfair to this applicant for Council to decide there is no possibility of proceeding further. We want the opportunity to present all the data to your Planning Commission. We are not prepared yet, and I don't believe Council should be prepared yet to say what should or should not be the proper zoning. It amounts to a violation of the statute for this City to turn down this annexation request tonight totally on the basis of zoning. Attorney Hard explained the requirements of the statute. The first thing a person has to do is notify the legislative body in writing of their intention to commence annexation proceedings. This has been done by their letter dated April 2. The next step is for the legislative body to set a date for a meeting with the initiating party and this is being done tonight. Now, the Council has some choices. The first is "whether the code city will accept the proposed annexation." Based on this, you can decide that you will not accept the proposed annexation. This is a power you have. If you decide you are going to accept the proposed annexation, then you must go through the process of determining proposed zoning for the area. Councilman Harris asked Mr. Schneider (audience) if he is still interested in annexation if the zoning remains the same as the Comprehensive Plan. This looks like a rezone request along with the annexation. Mr. Schneider said if they cannot come to some agreement over density uses, they would more than likely stay in the County. Mr. Wilson, Attorney, said that they recognize that when a developer walks in with a request he does not necessarily walk out with it. They are only asking for the chance to work with the City. He sited from the state statute and said the City must prepare and file a zoning regulation; and only then can the Council decide if they will accept the proposed annexation, whether the zoning regulations will be adopted and whether they will require the assumption of existing city indebtedness. This cannot be the meeting where all of this is decided. Attorney Hard said he does not read it that way. Tonight is the meeting that the Council has set to consider this petition. If Mr. Wilson or Mr. Schneider disagree will they please notify the City now. Tonight Council can take the action of not accepting the petition if they choose. TUKWILA CITY COUNCIL, REGULAR MEETING May 7, 1979 Page 4 NEW BUSINESS Continued Proposed annexation of 28 acres located south of So. 178th east of I -5 (Schneider Homes) Amended 5 -21 -79 to include: Councilman Van Dusen said he believes the petition should be accepted. Mr. Hard spoke of process and I believe that anyone who comes before this table should be heard. Councilman Hill asked Attorney Hard what grounds does Council have to accept or reject the petition. Attorney Hard explained the procedure presented in the statute. Council has the letter dated April 2, 1979 and it tells you what the proposal is. That is what you base your decision on. You have to decide if you want to hear further about their proposal. Councilman Bohrer said he feels Council has adequate data to base this decision on should they choose to reject it. He sited from the April 2nd letter. "We contemplate seeking zoning of various portions of the property as R -3 and for R -4 under the Tukwila Zoning Code." This does not set the specific level of density the applicant is asking for. There are alternatives that do not all have single residences in single buildings but have multiple residences in a single building and still do not have an exceedingly high level of density and might be appropriate. Councilman Traynor asked if the applicant can develop what he wishes under County requirements, why is he applying to the City. Mr. Wilson said, in order to get a Planned Unit Development, they would have to go through a County rezone. They would have to come to Tukwila for sewer service anyway. The City has a number of attractive services to offer. Mr. Jim McKenna, 16045 48th Avenue South, reminded Council that he came before them last year concerning a development on this same property. The citizens on the hill are the ones that will be most affected by this. We went through a discussion on this last year and we shouldn't have to go through it again this year. Mr. McKenna said he would question someone who says they don't really want to be in Tukwila unless they can have what they want. Where is the desire to be part of Tukwila. Most of the people on the hill were against this proposal 12 months ago and they will be against it this year. Mr. Wilson said their letter of intent dated April 2, 1979, is only a general description. For the City to take the position that this is enough information to turn it down is very disagreeable. We will provide a lot more data before we expect the Council to make a decision. The Public Hearing process is to allow people like Mr. McKenna to come out and discuss the specific proposal. The statement was made that Mr. Schneider is not interested in single family housing -this is not the case. There are lots of ways to put a development proposal together. You are correct, we would not wish to annex to the City with a total single family development because we can do that in King County now. Councilman Saul said he is in favor of the annexation if the request is for just single family residence. Councilman Hill asked Attorney Hard if Council accepts the annexation it is not a definite statement that Council approves R -3 or R -4 zoning is it. Attorney Hard said that if Council does accept this, it does not commit the City. All you are doing is telling the applicant he can proceed. Attorney Hard added that Council has the power tonight not to accept it. Mr. Schneider said he is proposing affordable housing for the people that work in the area. They are looking at single family, attached type housing -not apartments. These would be townhouse type units. They would have small private yards with each unit. They definitely could have children. Councilman Traynor said, "We are not talking something 3 or 4 stories high Are you talking townhouses of 1 or 2 stories at the most." Mr. Schneider said "2 stories." TUKWILA CITY COUNCIL, REGULAR MEETING May 7, 1979 Page 5 NEW BUSINESS Continued Proposed annexation of 28 acres located south of So. 178th east of I -5 (Schneider Hbmes) Mr. David Smukowski, 15154 65th Avenue South, said so far he has heard nothing about a burden on transportation with higher density and he knows it is a problem; nothing about additional use of parks, nor additional use of water and sewer facilities. None of the specifics have been looked at and already you are discussing the number of stories. The specifics should be presented first. Councilman Traynor said these items will be addressed when it gets to the Planning Commission. Council was reminded that the motion on the table is "that the proposed annexation be forwarded to the Planning Commission." Attorney Hard suggested that the motion be reworded. The motion should be whether or not the City Council will accept the proposed annexation. *COUNCILMAN VAN DUSEN WITHDREW THE SECOND. COUNCILMAN HILL WITHDREW THE MOTION. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT COUNCIL ACCEPT THE PROPOSED ANNEXATION AS SET FORTH IN THE LETTER DATED APRIL 2, 1979, SUBMITTED ON BEHALF OF SCHNEIDER HOMES, INC.* Attorney Hard said if Council accepts the proposal then you go through hearings involving the zoning. This will come back for another Public Hearing on whether or not you accept the annexation. Councilman Harris asked if Council votes yes on the motion it then gives a backward yes to the rezone also. Attorney Hard said legally the vote means you will consider the annexation, as set forth in the letter, further. Councilman Harris again asked Mr. Schneider if he is interested in annexation if he doesn't get a rezone. Mr. Schneider said that under the present zoning there would be no advantages in annexing. If you consider the process, I would probably go to the County because I could proceed with the zoning as it is. I would not have to go through the annexation procedure. Councilman Harris continued suppose we accept the annexation petition and send it to the Planning Commission, and they say they will leave the Comprehensive Plan as it is, would you then withdraw your petition. Mr. Schneider said he would probably leave it in and annex it as it is. Councilman Van Dusen asked if Council is deciding zoning tonight, and Attorney Hard said no. *ROLL CALL VOTE: 4 -YES BOHRER, HILL, TRAYNOR, VAN DUSEN. MOTION CARRIED. 3 NO HARRIS, JOHANSON, SAUL. Attorney Hard said now Council has to decide if they will require simultaneous adoption of a proposed zoning regulation. If you say yes, then Public Hearings are held before the City Council. Mr. Wilson sited from RCW 35A.14.330, "the legislative body of any code city acting through a planning agency -may prepare a proposed zoning regulation." a 1► ys TUKWILA CITY COUNCIL, REGULAR MEETING May 7, 1979 Page 6 NEW BUSINESS Continued Proposed annexation of 28 acres located south of So. 178th east of I -5 (Schneider Homes) RECESS: 8:45 p.m.- 8:55 p.m. Environmental Impact Statement Preparation- Zoning Ordinance ORDINANCES Ordinance #1110 establishing the requirements and enforcement proce- dure for hard surfaced Fire Lanes Section .340 says, "The legislative body shall hold two or more public hearings -upon the proposed zoning regulation." This mandates referral to the Planning Commission for development of the regulations, then two or more hearings before the City Council. Attorney Hard agreed. He read Section 35A.14.120 and explained that Council must vote on the other two parts of the requirement. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE CITY REQUIRE SIMULTANEOUS ADOPTION OF A PROPOSED ZONING REGULATION AND REQUIRE ASSUMPTION OF EXISTING CITY INDEBTEDNESS. MOTION CARRIED WITH JOHANSON VOTING NO. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order with all Council Members present as previously reported. In a memorandum to the City Council, Kjell Stoknes, OCD Director, explains that the Planning Commission has completed its work sessions on the text of the proposed zoning ordinance. Staff is ready to begin preparation of the environmental impact statement on the text. The City Council has also been reviewing the work and at this point has taken a position on changes. The most significant change being allowing full cascading uses in each successive zone through the M -2. Staff is having difficulties on whether to prepare the E.I.S. on the City Council's version as the "proposed action" or the Planning Commission's. Councilman Bohrer said that the E.I.S. done on the Planning Commission version would shorten the processing time. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PREPARATION OF THE E.I.S. BE BASED ON THE PLANNING COMMISSION'S VERSION OF THE ZONING ORDINANCE.* Mayor Bauch explained that the Council's version would be included in the E.I.S. as an alternate. The Council now is voting on which one to use as the "primary statement." Councilman Bohrer sited from the memo from Mr. Stoknes that "in either case: 1. Do the E.I.S. on the Planning Commission's version or; 2. Do the E.I.S. on the City Council's version- the estimated cost would not be significantly different. In either case the E.I.S. would probably have to be modified only once." He explained that in either case both versions will appear in the E.I.S. The question is, which will be the prime. In the interest of shortening the time is why he made the motion. Councilman Traynor said this is not stopping Council from changing it Attorney Hard said an E.I.S. has to consider the Planning Commission's proposal. This is a matter of law. It should also contain a detailed description of the alternate proposal. This alternate should include the cascading zoning implication. You can adopt the E.I.S. making the alternate the basic. *MOTION CARRIED WITH VAN DUSEN VOTING NO. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING May 7, 1979 Page 7 ORDINANCES Continued Ordinance #1110 establishing the requirements and enforcement proce- dure for hard surfaced Fire Lanes DEPARTMENT REPORTS Mayor's Report Attorney's Report Landlord /Tenant Problem City Attorney Hard read an ordinance of the City of Tukwila, Washington, establishing the requirements and enforcement procedure for hard surfaced fire lanes repealing Ordinance Number 757. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR THAT ORDINANCE NO. 1110 BE ADOPTED AS READ.* Mayor Bauch explained that this is identical to Ordinance No. 757 except that it contains penalty and enforcement sections. Councilman Bohrer expressed concern over Section .3, the approach is vague. The problem is the words, "momentarily" or "temporarily." It seems if someone is going to pick up or discharge a passenger the driver should remain with the vehicle and the period of time should be quite short. The vagueness might allow someone to remain too long. He suggested requiring that so long as the car is in the Fire Lane, it must be accompanied by the driver. Doug Gibbs, Firefighter, explained that the wording is in line with RCW 46.61.570 Attorney Hard reviewed the wording and explained the intent of Section 3 and said it was well worded. Councilman Bohrer said his concern is that the word momentarily is not defined. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE WORDING OF SECTION 3 BE REVISED TO READ: A. STOP, STAND OR PARK A VEHICLE AT ANY PLACE WHERE OFFICIAL FIRE LANE SIGNS ARF POSTED EXCEPT: 1. MOMENTARILY TO PICK UP OR DISCHARGE A PASSENGER OR PASSENGERS AND ONLY WHEN THE VEHICLE IS ACCOMPANIED BY THE DRIVER. MOTION FAILED. *MOTION CARRIED WITH BOHRER VOTING NO. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Mayor Bauch reported that the Office of Community Development has received the First Award for Urban Design for the Interurban Corridor Study from the Washington Chapter, American Planning Association. Fred Satterstrom is the Planner from the City who coordinated the study along with Management and Planning Services. Mayor Bauch announced that Councilperson Mabel Harris has been appointed from the King Subregional Council to the King County Health Planning Council. Attorney Hard reported that the LID #28 Lawsuit will be heard before the Supreme Court in Olympia on June 4, 1979. You can expectat least two months before a decision. The decision in the Firefighter Lawsuit has been received. The Court of Appeals has not changed its mind. The City will now ask the Supreme Court to hear this one. The City of Seattle is pressing its Lawsuit against Tukwila in the Tukwila Pond Case. They will appear in court next Friday. Mr. David Smukowski, audience, said he was here to draw the Landlord /Tenant problem to the attention of the Council. In his case he has a rental agreement that tells how much rent he will pay and requires a security deposit that is not refundable unless he stays in the unit for six months. However, they are a`ly TUKWILA CITY COUNCIL, REGULAR MEETING May 7, 1979 Page 8 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Continued Landlord /Tenant Problem Port of Seattle, Policy Advisory Committee Recognition of Superior Buildings Council Intern OURNMENT: 2 P.M. AYVF raising his rent and he still has four months to go before the deposit is refundable. Every agency he has discussed this with recommended going to the City Council. He suggested Council give some thought to a City ordinance to protect the people. Allentown Councilman Bohrer noted a memo from the Mayor. The Planning Annexation Commission has held their public hearing and made their recommendation on the proposed zoning for the Allentown annexation. He recommended that Council set the hearing dates on this matter. Notices will be sent to all property owners of record. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL SET MAY 21 AND JUNE 25, 1979 TO HEAR THE SUBJECT OF THE ZONING FOR THE ALLENTOWN AREA. MOTION CARRIED. Councilman Bohrer said he was contacted by Bob Nelson, Councilman, City of Des Moines asking that the Cities of Tukwila, Des Moines and Normandy Park join in selecting one of its Councilman to the Port of Seattle Policy Advisory Committee. He suggested that Bob Nelson be appointed as he has been active with past deliberations with the Port. Council concurred with the selection. Councilman Saul, Chairman Community Affairs Committee, reported that the Community Affairs Committee has decided to select a committee of five members to set goals and guidelines to follow in selecting superior architecture and landscaping. The Committee will be made up of a member representing each of the following: Planning Commission, Planning Staff, Council, Citizens and Businesses. He asked that Mr. Stoknes assist in selecting Planning Commission and Staff members. He suggested that Carol Logan represent Business as this was her suggestion. Councilman Bohrer introduced Bob Richards, the new Council Intern. To date, he has been assigned the following three subjects: 1. Possible change in form of City Government. 2. a. Discrimination against children by apartments. b. Change of apartments to condominiums. The Landlord/ Tenant problem could be included in this. 3. Complete recommendations for the process of managing and controlling the items that go to Council Committees. Councilman Van Dusen asked how Council members give items to Bob. Councilman Bohrer said if it is a small item go directly to him, if it is large go through Councilman Bohrer. MOVED BY VAN DUSEN SECONDED BY JOHANSON,THAT THE REGULAR MEETING OF THE CITY COUNCIL ADJOURN. MOTION CARRIED. ka4ael Mayor /CI CT e r k