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HomeMy WebLinkAbout1981-05-19 Regular MinutesTUKWILA CITY COUNCIL May 19, 1981 Tukwila City Hall 7:00 P.M. Council Chambers FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE REPORTS Mayor Finance Director's report on invest- ments CONSENT AGENDA Ordinance 1212 Ordinance regarding custodian for Ad- vance Travel Ex- pense Account Ordinance 1213 Ordinance 1214 Regular Meeting M I N U T E S Mayor Todd, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, MABEL J. HARRIS, J. REID JOHANSON, DORIS E. PHELPS. .3a /7 LAWRENCE E. HARD, City Attorney; BRAD COLLINS, Planning Director; ALAN DOERSCHEL, Finance Director; JOE MATHEWS, Acting Administrative Assistant, MAXINE ANDERSON, City Clerk. Mayor Todd presented certificates of award to Shirley Kristofferson for holding the position of Acting Finance Director for a period of one year and to Mark Caughey for being Acting Planning Director for one year. The certificates are recognition of their good ser- vice to the City. Councilman Bohrer read the Finance Director's monthly report on investments as follows: Interest income for the month of April amounted to $25,766.50 as a result of the following activity: *MOTION CARRIED. Investments Sold $2,757,000 Investments Purchased $2,986,000 A. Approval of Minutes: May 5, 1981 B. Approval of Vouchers Claims Fund Vouchers #10056 #10199 Current Fund Golf Crse. Spec. Rev. Street Fund Federal Shared Rev. Water Fund Sewer Fund Firemen's Pension 10056 -10129 10130 -10132 10133 -10153 10154 -10158 10159 -10179 10180 -10195 10196 -10199 Claims Fund Vouchers #10200 #10203 $47,591.28 58.97 5,443.08 4,267.76 7,660.85 1,526.40 207.18 $66,755.52 Current Fund 10200 9,765.20 Street Fund 10201 496.42 Water Fund 10202 341.31 Sewer Fund 10203 312.99 $10,915.92 C. An ordinance of the City of Tukwila, Wash. extending the interim finance period and changing the interest rate for LID #29 as set by Ord. 1105. D. An ordinance of the City of Tukwila, Washington, changing the name of the custodian for Advance Travel Expense Ac- count, amending Section 2 of Ordinance No. 614 and repealing Ordinance Nos. 778, 890, 940, 1050 and 1083. E. An ordinance of the City of Tukwila, Washington, relating to sizes, design standards, construction, and quality of materials for water main installation and extension: amending Section 6 of Ordinance #1134, Sections. (a), (b), and (c). F. An ordinance of the City of Tukwila, Washington, relating to non conforming signs and amending Ordinance #773, Section 010 (3). MOVED BY PHELPS, SECONDED BY HARRIS, THAT ALL ITEMS ON THE CON- SENT AGENDA BE APPROVED.* In accordance with Council procedures, Councilman Bohrer asked to have Item D removed from the Consent Agenda and have it placed under New Business for discussion. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1981 Page 2 OLD BUSINESS Proposed Ordinance relating to gamb- ling NEW BUSINESS Proposed Ordinance Changing the name of the Custodian for the "Advance Travel Expense Ac- count" Mayor Todd explained that the Police Department had some questions on the proposed changes to the Gambling Ordinance and have asked to have it withdrawn from the agenda. MOVED BY HARRIS, SECONDED BY PHELPS, THAT ITEMS B, C and D BE CARRIED FORWARD TO THE NEXT REGULAR MEETING OF THE CITY COUNCIL.* Councilman Harris explained that there are just four Council Members present and all of the new business items are important and require more members present to make the decisions. It takes a "yes" vote of four Councilmen to approve an ordinance. Councilman Phelps referred to Section 2 c of the Sunwood rezone ordinance which reads: "The proposed rezone action will not be injurious to the peace, safety, health or general welfare of the community nor injurious to property value in the immediate vicinity." She said she felt Council should accept this para- graph and use it as a guideline for review of the map section of the zoning ordinance. It would give criteria to follow. Mr. Carl Lewis, resident of the Sunwood Condominium Development, said he and other members of the project discovered yesterday that the Sunwood Phase III rezone request was before the City Council. They are upset about this. Tentatively, they agree more with the Planning Commission denial. They would like to meet with Planning Staff and the developer and see if they could work something out. His address is 15209 Sunwood Blvd., and he asked to have notices concerning Sunwood sent to their attention. *MOTION CARRIED. Councilman Bohrer said that the ordinance establishing the Custodian for the "Advance Travel Expense Fund" indicates it is in the name of the Finance Director. Can it be established by title instead? Attorney Hard said he had someone from his office investigate that question. They contacted members of the State Auditor's Office who told them there was no policy regarding that issue. They did not see why the City could not use the name of the office. The City Clerk drew his attention to an Auditor's Bulletin which indicated you had to use the name of a person. They are now doing a follow up on this with the Auditor's Office to see if this changes their mind. Attorney Hard said he believes it is alright to use just the office name. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED WITH HARRIS VOTING NO. City Attorney Hard read an ordinance of the City of Tukwila, Wash., changing the name of the custodian for the Advance Travel Expense Account, amending section 2 of Ordinance 614, and repealing Ordinance Nos. 778, 890, 940, 1050, and 1083. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* MOVED BY PHELPS, SECONDED BY JOHANSON, THAT THE ORDINANCE BE AMENDED BY CHANGING THE NAME OF ALAN DOERSCHEL TO FINANCE DIRECTOR. Councilman Harris said she is voting against this until we find out for sure about the Auditor's Bulletin that says a name is required. *MOTION CARRIED WITH HARRIS VOTING NO. *MOTION FAILED WITH HARRIS VOTING NO. (Failed for lack of four votes in favor of the ordinance) TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1981 Page 3 MISCELLANEOUS 56th Avenue Bridge Mrs. William Baker, said there are a group of them in the audience from Foster Point. The 56th Avenue Bridge has been down for over a year. They have hearda little news, but not much from the County so they would like to hear from the City what is happening. Mayor Todd said, as you know, King County is the responsible agency for the bridge replacement. It is not the City of Tukwila. Attorney Hard explained that two weeks ago he attended a meeting at the King County Prosecuting Attorney's Office. There were two attorneys representing King County, the King County Risk Manager and himself there. The only topic discussed was the bridge. There were n o final decisions made. The most immediate topic is what the County and City are going to do about a claim filed by the trucking company whose truck was on the bridge when it collapsed. The second topic was, what is going to be the responsiblity of King County and Tukwila for the clean -up costs resulting from the collapse of the bridge and, more importantly, how replacement costs will be shared. The City and County do not see eye -to -eye. There was nothing concluded at the meeting. Since then a lawsuit has been filed by the trucking company. Mrs. Baker said they were told the Prosecuting Attorney has made a decision that Tukwila is responsible for half the cost. At- torney Hard said he does not agree with this opinion. Mrs. Baker said she cannot get the County Councilman onthe phone. His as- sistant has no answers. We feel we are getting the run around from King County and have come to Tukwila to see if we can get some information. Tukwila has a small business and some homes on Foster Point so you should be interested in the bridge. She said she did not believe Tukwila should be obligated for half, maybe one third. Mayor Todd said he has also tried to talk to people from the County, but was unable to get them on the phone. Mrs. Baker said she has been to the County Council about Block Grant Funds for the bridge. They have $200,000 to be used for bridge design. She said she understood they would not start designing until an agreement has been reached with Tukwila. Mayor Todd said the County and City jointly applied for funding and were refused. He said he would investigate, as well as pos- sible, what the situation is and report back. Mrs. Baker gave her phone number and asked to have someone con- tact her. Mayor Todd said he can't make any offers or make a position state- ment. Mrs. Needham, 56th Avenue South, described a problem they had and said it took the County Police 20 minutes to get there. Entrance to their area is hard to find. We need the bridge now, not 10 years from now. Mr. Walter Kushing, 13038 57th Avenue South, said they used to see the Tukwila Police at least once a day. He has seen them only once since the bridge went down. Mayor Todd offered to look into this. Mrs. Baker asked if someone would write a letter to them on what has been accomplished to read to the Community Club. Mayor Todd said he would be happy to, but there is not much to put in writing. If he finds out something more, he will let them know. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1981 Page 4 MISCELLANEOUS Continued 56th Ave. Bridge (continued) Board of Adjust- ment ADJOURNMENT Councilman Harris told the citizens of the Point that the dif- ficult part is they are a divided community. When you have two governments to work with it is harder to get anything done. When you are working with one government, like the City of Tukwila, you can be heard. It has also been difficult for the City to negotiate with the County. Mr. Dick Goe said he was representing the Board of Adjustment on Item No. 6 -f and asked what action Council had taken. He was informed that the non conforming signs section of the code has been extended for one year. Mr. Goe said he had hoped to speak on it prior to adoption. He presented Council a copy of the comments made by the Board of Adjustment and asked to have them made a part of the record of tonight's meeting. 7:55 P.M. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Mayor L. lika6 't9 Clerk May 18, 1981 To: Council Chair Gary Van Dusen and Members of the Tukwila Council From: The Board of Adjustment (Richard Goe, Chair; Wendy Morgan, Vice Chair; Anne Altmayer; Joe Duffy; Marcelle Regel) Re: Sign Code Revision Process Recently, the Council was made aware of an April 24 memo from Brad Collins, Planning Director, to Gary VanDusen, Council President, regarding a sign code revision process. The memo resulted from a Community Affairs Committee meeting and outlined the process for sign code revisions. The memo secifically listed three alternative actions- "(1). enforce the current sign code; (2). revise the current sign code; or, (3). draft a totally new sign code," and inferred extension of the May 23,1981, time limit for compliance on nonconforming signs. (Ord. #7730103,1973, 19.23.030,TMC, extended by #1149, 1980 to May, 1981.) A number of issues which have come before the Board have been decided against a background of compliance with the deadline for nonconforming signs. In postponing the deadline, the Council is giving nonconforming sign owners a property right that the code denies to other property owners and therefore by necessity has been denied by the Board and City Staff. We reference Waiver Criteria #6 which states: "That the granting of such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity." The Council is thus requiring other agencies of City Government to deal with existing ordinances that the Council itself has been re- luctant to deal with. This has been demonstrated by the fact that in previous action the Council postponed the compliance deadline from 1980 to 1981. You are considering tonight, a recommendation which suggests another postponement of this deadline. a mot- uf D deadline. While we affirm the need for revisions to the sign code, and we recognize the inherent difficulties in any action taken, nevertheless, we strongly urge the May 23, 1981 deadline be honored by enforcement. To do anything less is to inflict an injustice to property owners who are now in compliance and to future property owners who will be required to be so.