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HomeMy WebLinkAbout1982-04-06 Regular MinutesApril 6, 1982 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE REPORTS Mayor Council Members City Attorney Others AWARDS Tom Kilburg Bob Abbott Don Williams TUKWILA CITY COUNCIL City Hall REGULAR MEETING Council Chambers M I N U T E S The City of Renton and City of Tukwila will meet to select a construction engineer firm for the proposed Grady Way bridge. 3/ Mayor Todd led the audience and City Council in the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. EDGAR D. BAUCH, LIONEL C. BOHRER (Council President), JOE H. DUFFIE, GEORGE D. HILL, DORIS PHELPS, GARY L. VAN DUSEN. LAWRENCE E. HARD (City Attorney), BRAD COLLINS (Planning Director), DON WILLIAMS(Parks Recreation Director). With respect to the 56th Avenue bridge, Attorney Hard has prepared a letter to be sent to the President of the King County Council, outlining events that led to the collapse of the bridge. The traffic warrant collection program has spent approximately $800 and collected over $8,000. Council President Bohrer stated the City Council has scheduled a Council Retreat to be held April 10, 1982 at the Red Lion Motel from 9 a.m. to 5 p.m. Council President Bohrer reminded public officials they must file Public Disclosure notices by April 15, 1982. Council President Bohrer stated a recently resigned member of the City Staff passed away. He would like to introduce a memorandum honoring that Staff Member, Ted Uomoto. MOVED BY BOHRER, SECONDED BY HILL, THAT THE AGENDA BE AMENDED TO PRESENT A RESOLUTION HONORING TED UOMOTO. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HILL, THAT A RESOLUTION HONORING TED UOMOTO BE READ IN ITS ENTIRETY. MOTION CARRIED. City Attorney Hard read a resolution 817, in its entirety, honoring the memory of Ted Uomoto, dedicated official of the City. MOVED BY BOHRER, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED. Councilman Phelps reported the Finance and Personnel Committee will meet at 4:30 p.m. on Thursday to consider the non -union employee benefits. Also on the agenda will be the consideration of funding to repair the roof leak at Fire Station 1. City Attorney Hard stated a lawsuit has been filed by a person who felt he was injured during a backhoe operation. The matter has been referred to the City's insurance carrier. John Schwarzmann, 16251 52nd South, Tukwila, requested that the City complete the park on 160th west of 51st or at least clean up the undergrowth so children can play and ride bikes there. With the coming of summer it will be useful for the residents of McMicken Heights. Ann Crain, 5105 South 163rd Place, representing Andover Terrace Garden Club, invited the Mayor and Council Members to the club's annual Arbor Day tree planting ceremony to take place at Bicentennial Park on April 14 at 10 a.m. This is the third annual tree planting ceremony in the City. Other projects to beautify the City have been landscaping at the Bicentennial Park, Foster Memorial Park, and the City Park. In the future there are plans for landscaping at the Old City Hall Park. Mayor Todd presented ten year employee service pins to Police Officers Tom Kilburg and Bob Abbott, thanking them for their devotion to duty. A five year employee service pin was presented to Don Williams, TUKWILA CITY COUNCIL REGULAR MEETING April 6, 1982 Page 2 AWARDS Contd. Tom Kilburg Bob Abbott Don Williams contd. CONSENT AGENDA OLD BUSINESS EXECUTIVE SESSION 7:20 7:45 P.M. Prop. Ord. amending Comprehensive Plan Map. Prop. Ord. adopting new zoning code shoreline regula- tions. (1) Mayor's veto message. (2) Questions re zoning ord. Director of Parks and Recreation, thanking him for his efforts to improve parks and recreation programs of the City. a. Approval of Minutes: March 16, 1982 and March 23, 1982 b Approval of Vouchers Claims Fund Vouchers 11516 11645 Current Fund Golf Course Spec. Rev. Street Fund Fed. Shared Rev. Firemen's Pension Water Fund Sewer Fund Unemployment c. Resolution 818 of the City of Tukwila expressing thanks and appreciation to M. A. Segale, Inc. d. An ordinance of the City of Tukwila discontinuing the summer sewage rate and repealing Ord. No. 1007, Section 1, Subsection (5) (14.16.030) (5) and repealing Ord. No. 1163. e. An ordinance of the City of Tukwila adopting the 1981 edition of the Standard Specifications for Municipal Public Works Construction as the code of the City of Tukwila and amending Ord. No. 1093. f. An ordinance of the City of Tukwila establishing regular sessions of the Municipal Court and amending Ord. No. 726 (TMC 2.68.050). g. Budget Transfer No. 82 -01, additional funding to complete basic projects at the upper Foster Park Youth Athletic Field ($17,050). $49,812.15 877.59 8,193.01 150.00 244.21 10,571.34 21,942.00 2,234.34 $94,024.64 MOVED BY BOHRER, SECONDED BY HILL, THAT THE CONSENT AGENDA BE APPROVED. MOVED BY PHELPS, SECONDED BY BAUCH, TO AMEND THE MOTION AND REMOVE ITEMS B, D, E, F, AND G FROM THE CONSENT AGENDA. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. MOVED BY BOHRER, SECONDEDBY DUFFIE, THAT THE MAYOR, CITY COUNCIL, CITY ATTORNEY, PLANNING DIRECTOR GO INTO EXECUTIVE SESSION. MOTION CARRIED. The meeting was called back to order by Mayor Todd, with Council Members present as previously listed. COUNCILMAN HARRIS ARRIVED AT THE MEETING AT 7:45 P.M. MOVED BY BOHRER, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an Ordinance of the City of Tukwila, Washington, amending the Comprehensive Plan Map by title only. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE CITY COUNCIL OVERRIDE THE MAYOR'S VETO OF THE PROPOSED ORDINANCE AMENDING THE COMPREHENSIVE PLAN MAP. City Attorney Hard said following the meeting on March 16, 1982 a review was made of the exact boundaries shown on the map. A discrep- ancy was found on the map. It pertains to Parcel No. 16, the Helen Nelsen property. The minor correction has been made in the summary. It does not change any action taken by the Council. It is a clerical error. In reconsidering the ordinance it should be done with the corrected map. *MOTION WITHDRAWN, WITH APPROVAL OF SECOND. TUKWILA CITY COUNCIL REGULAR MEETING April 6, 1982 Page 3 OLD BUSINESS Contd. Prop. Ord. amending Compr. Plan Map. Prop. Ord. adopting new zoning code shoreline regula- tions. (1) Mayor's veto message. (2) Questions re zoning ord. contd. x(33 MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE CITY COUNCIL OVERRIDE THE MAYOR'S VETO OF THE PROPOSED ORDINANCE AMENDING THE COMPREHENSIVE PLAN MAP WITH THE CLERICAL CORRECTION AS INDICATED BY THE CITY ATTORNEY. ROLL CALL VOTE: BAUCH, BOHRER, HARRIS, PHELPS, VAN DUSEN VOTING YES. HILL, DUFFIE VOTING NO. MOTION CARRIED BY THE REQUIRED MAJORITY. MOVED BY BOHRER, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE ADOPTING THE ZONING CODE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read the Ordinance of the City of Tukwila adopting a new zoning code and shoreline regulations, amending Ord. No. 898 and repealing Ord. Nos. 251, 1109 and 1186 by title only. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE CITY COUNCIL OVERRIDE THE MAYOR'S VETO OF THE PROPOSED ORDINANCE ADOPTING A NEW ZONING CODE AND SHORELINE REGULATIONS, AMENDING ORDINANCE N0. 898 AND REPEALING ORDINANCE NOS. 251, 1109 and 1186. Planning Director Collins said there are several technical revisions that should be included in the motion. The first was a technical revision that was not clarified prior to March 16, 1982. The second item, 18.60.020,was a point of the veto although it was considered to be a technical matter and they would like to consider that also. The section referred to, TMC 2.36.010, is a companion to 18.60.020 and would be part of the technical revision. City Attorney Hard said there is no doubt in the Council's mind and of anybody in the room, the Council has before it Ordinance No. 1247 which it passed on March 16 and was vetoed by the Mayor. The motion before the Council is to pass that Ordinance as written verbatim without any changes. This is a different situation than with the Comprehensive Plan Map, which was a clerical oversight. The decision is whether or not you are going to adopt the ordinance as written. If you do, it will be necessary to pass a second ordinance with some of these corrections that have been pointed out. If you want to incorporate these changes in this ordinance then the proper process is not to override the mayor's veto, let the veto stand and another ordinance will be prepared for adoption at which point you can include the corrections in the ordinance. That new ordinance will have a new number and will be presented to the Mayor for his signature. Council President Bohrer said the Council has been aware for some weeks that the ordinance was not perfect and some technical corrections would be made. In Draft No. 7 there are some errors that he considered typographical errors, which are still there and for clarity should be removed. The subject of a second ordinance to make those technical corrections is one that has been part of the expected process. He said he would like to make some comments on the veto and the arguments that were advanced. Mayor Todd suggested his letter of veto be read. Council President Bohrer said when the ordinance was considered three weeks ago the statement was made that the Council had been involved in a long process in arriving at the ordinance and no one in the City was 100% happy with it, but it was the best compromise that could be reached. After some seven or eight years in the process, they would like to get the ordinance on the street. This has been the goal of the Council and they have worked diligently. Specific comments about the Mayor's letter of veto are: There appears to be five properties that would benefit from the changes recommended by the Mayor. There are probably about 1700 or 1800 separate properties, so for .3 of 1% of the properties of the City, that is all that would be affected by the proposal that the Mayor has for changes to property zoning. There are a number of other issues raised. One is commuters into the City and the benfits of increasing the amount of multiple family housing on reducing the amount of traffic we have into the City. The compromise proposal of the Mayor would add a total of 459 housing units to the City. TUKWILA CITY COUNCIL REGULAR MEETING April 6, 1982 Page 4 OLD BUSINESS Contd. Prop. Ord. adopting new zoning code shoreline regulations. (1) Mayor's veto (2) Questions re zoning ord. contd. At present we estimate there are some 16,000 people who daily drive to Tukwila to work. Even if you assumed that all of the people in the 459 new units lived and worked in Tukwila and walked or bicycled to work you would decrease the number of vehicles coming into the City about 3 That is the effect on the subject of traffic on workers in the City. The subject of traffic is further complicated when you consider the number of people coming to Tukwila to shop. That is some 24,000 daily by estimate. If you make the ratio on that basis it is about 1 If you consider the far larger part of the problem in terms of traffic, noise, pollution the City faces, the traffic going by on I -5 and the traffic on I -518, the net effect on traffic and pollution is far less than 1 The housing in the City was another issue that was raised and the impact on that housing. At present our staff data for 1980 says there are a total of about 2100 housing units in the City. We said there are 16,000 people who come to work here so the impact we are going to have on any effect of providing housing for all of those workers is very small. Of the 2100 housing units in the City, 578 are single family residences, 1501 are multiple units. That gives the City currently a ratio of 72% of our people who live in multiple family housing. The effect of the Mayor's proposal would be to further increase the multiple family housing and drive us to 80 Tukwila is unique in the State in having that kind of ratio. The average for King County is 30% living in multiple housing. The final issue revolves around the issue of the roles of the Council versus the roles of the administration. We have two separate letters from the Mayor. The first was the veto letter and the second was called questions and answers. There were a total of 23 issues raised in the two letters. Some are duplicates. Of those issues, 21 object to the policy the Council has taken. The Council is the City's legislative body and is the policy making body. The Mayor is the City's executive and the man responsible to implement the Council policy. We have the Mayor saying he does not like the policy the Council is adopting so, therefore, he is vetoing the ordinance. He has every right to comment on the policy the Council adopts but he would point out that all of the 21 issues have been previously discussed by the City Council and the Mayor has had ample chance to make input. He now insists that the ordinance be amended to satisfy his desires. He felt it is the Council's right to make policy and they insist on that right. The Mayor should not insist upon dictating policy matters to the Council. In summing up, it is much ado about nothing something like 1 to 3% effect on the City in a limited fashion. This ordinance has taken 8 years in process with 120 pages. Councilman Harris said all of the Council have been disappointed in portions of the formation of the ordinance. They have had to compromise. Any ordinance that is passed can be amended. The ordinance should be adopted now. Mayor Todd said the questions he asked and the answers given were not in self- interest. He had a lot to gain and nothing to lose by the adoption of this ordinance. He has property on Interurban Avenue where the zoning was changed. It is more restrictive than other zoning in the same general classification. He said he gained by the passing of the ordinance as it is. In his evaluation of the prospects of everyone losing in the adoption of the ordinance because of certain litigation areas we have been told are sure to happen and the fact there is some merit in a middle -road position he is concerned that the people in McMicken Heights who are so sure that R -1 is their destiny may find it is 72 units per acre. It depends on the courts. We have one decision saying that and the appeal has not been won. We have another party with a large parcel of land presently zoned RMH who claims to have a vested right to build under the existing zoning. The compromise position does nothing more than fix 16 units per acre on the property with full control still remaining in the hands of the City as to design and development and it eliminates 72 units per acre. If the City Council chooses to override the veto it is their privilege. His advice is to seek compromise and everyone can live with it and be happier with it in the end. TUKWILA CITY COUNCIL REGULAR MEETING April 6, 1982 Page 5 OLD BUSINESS Contd. COUNCILMAN HARRIS LEFT THE MEETING AT 8:15 P.M. Prop. Ord. adopting *ROLL CALL VOTE: VAN DUSEN, HARRIS, BAUCH, BOHRER VOTING YES; new zoning code HILL, PHELPS, DUFFIE VOTING NO. MOTION FAILED FOR LACK OF MAJORITY/ shoreline regulations. VOTE. plus one (1) Mayor's veto (2) Questions re zoning ord. contd. RECESS MOVED BY HILL, SECONDED BY PHELPS, THAT COUNCIL RECESS FOR FIVE 8:15 9:00 P.M. MINUTES. MOTION CARRIED. Mayor Todd called the Regular Meeting of the Tukwila City Council back to order with Council Members present as previously listed. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT COUNCIL HEAR THE AUDIENCE AND THEN FORWARD THE ZONING ORDINANCE TO THE COMMITTEE OF THE WHOLE MEETING ON APRIL 13, 1982. MOTION CARRIED. Elanor McLester, 5118 South 164th, said she has lived in her residence for 17 years and she is sorry she moved here. There has been talk about the Planning Commission having control over the design and development that goes on. When she looks at the development that has occurred, some has been above standard, some standard, and some below standard. There are no mulitple family residences in the McMicken Heights area and the people who live there want to keep it that way. She said she was here seven years ago when the zoning ordinance was started and public input was requested. Other citizens who were here then are here now. The citizen input has been requested and then it is ignored. Robert Crain, 5105 South 163rd Place, said most of his neighbors are here tonight and they are devastated by what has happened. They want to protect their life style and they want McMicken Heights to remain single family zoning. There is no way that can have multiple housing on the hill and not degrade the life style they have. That is what they have tried to protect for many years. Jim McKenna, 16045 48th Avenue South, said he has been here before and he is confused and a little angry because it looks like the whole thing is starting over. Five years ago there was talk of compromise, two years ago there was talk of compromise, one year ago there was talk of compromise. We had an ordinance that everyone in the room worked on in one way or another. We had a comprehensive land use plan that everyone worked on. We passed one, we did not pass the other one the zoning. This is confusing. When the City Council asks for input from the citizens he questioned where that person has been for five years. The Council has had input for the last five years and the public expects to be listened to. John Barnes, 15814 58th Avenue South, said he has not missed a meeting in the past seven years. Every resident living in the area under discussion has a name on a petition requesting that this zoning remain as it is. The majority of people do not qualify under the ordinance they want to adopt because the ordinance says they should be 800' of the area. Everyone has rights, whether they are minorities or what. They are overlooking the rights of citizens and as citizens we should all be willing to compromise. Dick Goe, 5112 South 163rd Place, said he was angry at what has happened because a long time has been spent working out this process, a process for the entire City for the development and control of the entire City. It has been thrown away tonight over three parcels of property. The reasons for the veto do not seem valid. Those three pieces of property cannot deal with the housing for the number of people who work in this City. It might get the City into some litigation that is litigation to protect the citizenry that the Council has been working for the last five to seven years to develop this ordinance. The citizens have elected the Council to represent them. He said he did not feel they had done that well tonight. It is important for everyone to understand that this crowd comes down here to show their feelings. They are interested TUKWILA CITY COUNCIL REGULAR MEETING April 6, 1982 Page 6 OLD BUSINESS Contd. 1 Prop. Ord. adopting in what is going on. Even though they are not here every time the new zoning code Council meetings meets, makes their interest no less. When they contd. are not listened to it seems we have pretty poor representation as to what our democracy is all about -when the government for the people is not by the people. Maria Chelaria, 16243 52nd Avenue South, said it does not matter how long one has been here. She said the apartments are being made for 2,000 people. Who are these 2,000 people? Do we care about them? We care about us, the people who pay the taxes here. We do not care about the 2,000, we do not know them. Ernie Arnaradi, 5102 South 163rd Place, said he has lived in the community since 1954. He was living about 5,000 feet from the Tukwila property. He was active when the people in the community wanted to annex into the City. Shortly afterward a person came along who owned land at 163rd and 51st Avenue who wanted to put it into mobile homes. He came numerous times and each time he was defeated. He came with the solution of taking the wheels off the mobile homes and putting them on the land. He was again defeated. Another builder came in and built houses on 164th. This went down to about 52nd Street. Shortly afterward there was a person wanting to build an apartment house directly below. We went through this numerous times, rejecting their plans. We were listened to and the voice of the citizens ruled. Later one contractor built a house on 164th and another built a house on 163rd. We have been down here numerous times voicing our opinion and we have been listened to. If you ask for input on a particular comprehensive plan the zoning should be automatic. The people have to have a voice in the comprehensive plan or it should be eliminated and open zoning be authorized. Darlene West, 5212 South 164th, said when they bought their property and got a building permit she inquired about the zoning. She was told there was no multiple family, it was all single family, which she is informed now was not so at that time. She had hoped her faith in the running of the City would be a little better now. Tonight has put her in the same position she cannot trust the City. All of this time the people in McMicken Heights have asked for single family. They are cut off by the freeways, by Klickitat Drive, nicely isolated. Just because they are on a hill it does not mean that apartments are the only thing that should go on a hill, which seems to be the opinion of many builders. Single family goes nicely on a hill. That is the way they want to keep it. Since this particular zoning ordinance seems to be down the tube after all of these years do we want to compromise? Why does not someone else compromise instead of us being the ones to give in? She said she does live within the limits of being able to question these rezones. Dennis Robertson, 16038 48th Avenue South, said it seems the princi- pal moral argument was that Mayor Todd proposed in his veto that the current zoning ordinance proposed would not allow for a great deal of apartments on the hill. It would cut down the number of multi family. He had a question, he asked all of the people living in single family homes to stand. They stood in the audience. He asked another question if the City wants citizen input and that is what democracy is about, it seems increasing the number of multi family homes is not necessarily going to increase citizen input. The five years that he has been coming here the majority of the people being here on any issue have come from single family homes. The only people coming down here who have been from apartments have been owners or speculators or developers. This is citizen input. If you want that you vote for single family homes. If you want less, then put multi family housing everywhere and it will be easy to do whatever you want to do. Kjell Stoknes, 16117 45th Avenue SoutOtiout three blocks west of the City limits is his home. He said he came to the meeting hoping it would be opened for discussion. His main movtive in being here was to encourage adoption of the plan as it has been proposed. He is familar with the process. It has gone on for many years and TUKWILA CITY COUNCIL REGULAR MEETING April 6, 1982 Page 7 OLD BUSINESS Contd. 237 Prop. Ord. adopting many people have been involved. There are things in the plan that new zoning code he has not necessarily supported. Being in a democratic society contd. this document represents a compromise that probably cannot be improved upon. He thought if this plan could be adopted then issues to individual property could be directed and the staff could write up an analysis on each one of them and consider them separately. He urged the plan be adopted to take away the uncertainty that has been before the community for six or so years, set a course, and show the community you can take a direction, you ca make a decision, there can be progress. Ed Scrivner, 5201 South 164th, said the comment he would like to make is to hope that in the future when citizens are asked to give input to the City that it be clarified as to what good that input is going to be in relationship to the issues. He moved here in 1972. He thought what he had been working on during the ten years was a compre- hensive plan for the City to deal with zoning, not only in his community, but the entire City and deve opment area. He thought that was what it was. He thought tha a the ordinance that the Council submitted and said they were going to pass and the Mayor vetoed it. He tried to discuss it with the Mayor and he told him that the zoning of 1957 was in effect and was going to continue to be in effect. Mayor Todd said he would like to clarify his comments to Mr. Scrivner, he said he stated until a new zoning ordinance goes into effect the zoning of 1957 is in effect. Mr. Scrivner said he hopes when everyone goes to the polls to vote they remember this. Elanor McLester, 5118 South 164th, said she would like everyone who lives in McMicken Heights area who wants to compromise on 16 units per acre to hold up their hand. One hand was held up. She asked who does not want to compromise. Many hands were raised. She said she just wanted the Council to know they feel strongly about this and they do not want to compromise. John Schwarzmann, 16251 52nd South, asked if under the 1957 zoning law he could put a high rise where he now lives. Mayor Todd said no, where he lives it is zoned single family. The property that is being discussed has been zoned RMH, which allows for a density up to 72 units per acre since 1957 or thereabouts. Brad Collins, Planning Director, said some of it came into the City subsequent to 1957. Thomas Lawrence, 16010 51st South, said he has been here before. Someone said we needed the apartments because the freeway was a challenge to the hill. If any of you lived on the hill you would understand their concern because of the traffic. The Mayor overrode the popular vote of the people. Lois Pack, 5149 South 164th, said her concern has been her children. They are growing up and you talk about all of the people who work at Southcenter and Andover. They have to live in apartments? Can't they live in houses, but you cannot find too many houses being built in Tukwila and maybe if this speculation were taken away from the land that has been held and changed hands in the hopes of making a fortune, maybe they will think twice about selling the land for apartments. Dennis Robertson, 16038 48th Avenue South, said he would explain to the Council as they did to the King County Council when they came out and talked about their part of the hillside and their zoning there in the Highline Community Plan. There is a reason they are all here and a reason they are upset. They are not speculators with their homes. When you buy one house that is your home, that is where y live and where you raise your family. You do not want to speculate on that. With today's housing market interest rates like they are, they cannot move. What are they afraid of? They are afraid of the development that is going along Highway 99 and it is coming their way slowly but surely. They had not thought it would come up from the IUKWILA CITY COUNCIL REGULAR MEETING 4pri1 6, 1982 )(age 8 )LD BUSINESS Contd. 'rop. Ord. adopting bottom of the hill, the freeway was there. For five years they iew zoning code have been fighting this. The Council has to understand what it is :ontd. doing to the people of McMicken Heights. That hillside is caught betweer the two hottest growing areas in the State. That is why speculators are interested in it, in all three parcels that are mentioned. The land is worth a lot of money. So is the rest of the land on that hill.They have double and triple lots that are not built on right now. There are a lot of older homes and new homes. It is a good healthy community because it is a mixed community. They have all age groups, they have a good variety of income groups, and also some open land. All of this could be developed into apartments. They are scared. They have a lot of pressure coming down from Highway 99 with all that it has and they are threatened with what is coming up from the bottom of the hill. You are jumping over the freeway and coming up. If you go over by Highway 99 and take a look at the houses that are over there, the ones next to apartments, you can see why they do not want to live there next to them. They are here for a good reason. They are angry, mainly angry because they are frightened. They see things changing, they see powerful forces and money changing it all. Mayor Todd has been involved in a parcel for years trying to get that zoned. It is parcel on 178th, the third parcel, south of 178th. At one time Mayor Todd owned it and he thought he is still carrying the mortgage on it. Mayor Todd said at one time he owned that property. He said he would like to enter a document into the record. Attorney Hard said he had a document that was handed to him entitled "Affidavit of Frank Todd. For the record: Joan Todd, the undersigned Frank Todd, the Todd estate, the Todd trust nor any of the Todd family owns any part of or has any financial interest in any of the land areas of the City that are suggested for zoning adjustments in the veto message to the Tukwila City Council. Dated the 6th day of April 1982. Signed by Frank Todd before a Notary Public." Mr. Robertson asked Mayor Todd if he was carrying the mortgage on the above mentioned property. Mayor Todd said he was not carrying the mortgage or he would not have submitted the affidavit. Public records show that Mayor Todd is carrying the mortgage, Mr. Robertson said. What he was trying to point out was that all of the hillside up there, there are some fairly large lots that are very valuable if they are zoned high density. That is the reason for their fright. The same thing is happening from Highway 99. They are not down here because this is the favorite way to spend Tuesday night. They are down here because they are concerned about where they live and what is happening. Robert Crain, 5105 South 163rd Place, said he wanted to make comments again. This property has been zoned RMH since 1957. He felt it was a tragic mistake to ever allow that zoning in the first place and two wrongs do not make a right. It should be rezoned back to what it should have been in the first place, R -1. It is obvious to all in the room that the vote taken tonight may have been influenced by the Executive Session. Mr. Hard, City Attorney, has said at least twice during this process that he felt the courts would uphold the rights of a City to control its density and its properties as long as due process was done during the process. Due process was done during the proceedings over the past five years. He would like to think that the courts would uphold the City in this matter. Mayor Todd said while the conversation is on the subject of what was said in the Executive Session, he thought there are two public records that must be acknowledged and they are the two that were alluded to previously. We have lost a suit and it is on appeal. If the Supreme Court ruling is sustained and not overruled, the City has RMH zoning on the Schmid property. Also, he is aware of the fact that another parcel of property up there has, as far as anyone can tell, the right to build based on the current zoning. These two things are important to remember. Mr. Stoknes said he would like to mention that it seems clear that the majority of people present do support the present zoning ordinance as proposed. He asked that the City Council reconsider the ordinance and give the people the satisfaction of a second vote, if possible. TUKWILA CITY COUNCIL REGULAR MEETING April 6, 1982 Page 9 OLD BUSINESS Contd. Prop. Ord. adopting Mayor Todd said this would likely be an impossible request at this new zoning code time, but may be possible in the future. contd. Ethel Cole, 16030 51st Avenue South, said she would like to warn the Council if a bulldozer goes on that hill and she slips any more than she is slipping now, there will be a lot more. That hill is not stationary by any means, it slides all of the time. Her property slides every time a heavy truck goes down 160th. Mayor Todd said a ground water drainage system is needed up there. Mrs. Cole said the ground is drained, there is a big artesian spring to the south and it caused the State of Washington a lot of work when they were building the freeway. Any buildings or anything put on that hill that plugs those springs again will do exactly the same thing. The people on top of the hill on that clay and sand will probably slide down on the freeway. The land will slide. She said she had to build rock walls to hold her lawn where it belongs. Any disturbance and the rocks will not hold. Thomas Lawrence, 16010 51st Avenue South, said he would like to know if the Mayor lives opposite a high rise apartement, or does he foresee the possibility of doing so? Mayor Todd said he lives on a lot adjacent to 39 units which he built in 1964. He said he found no problem living next to the ladies and gentlemen who rent the apartments and live in Tukwila. Carmen Shone, 4617 South 160th, said she seems to recall hearing many things before that she has heard tonight. The scene was different, but the issues had to do with a little bit different pressures. The things that were faced then were different people challenging and the things we said we would do is study it further and revise the thinking and get into it. She had hoped the City was going to do the intelligent thing and really look at issues carefully. The plan represents good thinking and she was pleased to see the community coming to the point where a plan was taken out of committee and began to take action. If a step is taken back again to rethinking then it could be seven years before a plan emerges. At that point there will be new issues. You cannot let issues in themselves block action. At some time you need to be decisive and move forward or you get caught in the path. Joanne Davis, 5906 South 144th, asked where all of the people in the audience were about a month ago when she needed them? There was a comprehensive plan passed. The statement said across the street from her there would be R -1 zoning. A month ago a speculator came and he is allowed to build a 3 -story apartment across the street as Mayor Todd did years ago. It was supposed to be R -1 in the new comprehensive plan. A month ago Mr. Kassner came in and said he wanted R -4 like he had. The Council gave him the right to build four plexes across the street from her. The impact of that would be about 28 residents and then there is another parcel of land that might have the same. The impact would be 48 times 3 trips a day in traffic, because everyone has two cars, going in and out. The street, 144th, was built last year and it is sub standard. It goes down through R -1 properties. She said she was now back with 3 -story apartments. What can be done about it tonight? Jim McKenna, 16045 48th Avenue South, said the question was raised by Mr. Stoknes as to why this could not be brought up again tonight for a revote. The response from Mr. Todd was basically that it would be difficult. Would it be any more difficult than an entirely new ord- inance? Bringing this up for a vote will not take five or six more years if we go through a new ordinance. If we have to we will drag it out for five or six more years until we get what we want up there. He plans on living there a long time. The connotation is always brought out about a City. The City is not up there, it is down here. We have brought out the fact that our feelings are impor- tant. The citizens are the City and it is important to see what has gone out over the past few years. A City is only as good as its peoplE Mayor Todd said it could not be brought up for vote tonight, as one Councilman has left. UKWILA CITY COUNCIL REGULAR MEETING 1pri1 6, 1982 'age 10 )LD BUSINESS Contd. 'rop. Ord. adopting iew zoning code :ontd. tECESS 1:30 9:45 P.M. 1cNamara request for Javier to build 54 :ondominium units )n 2.7 acres in 1cMicken Hts. COUNCIL PRESIDENT BOHRER ASKED FOR A POINT OF ORDER AND REQUESTED THAT ONLY PEOPLE WHO HAVE NOT SPOKEN PREVIOUSLY COME FORWARD TO ADDRESS THE COUNCIL. John Waggoner, 16047 47th Avenue South, said he has been to Council meetings previously on this same issue and the same high majority has existed and the same ignorance on this majority subject has existed. He said he did not know what can be done, but it must be done quickly because it has been pointed out that an existing ordinance now allows the hill to become a San Francisco. He said he would like to add his voice to the majority. Ann Crain, 5101 South 163rd Place, said the point she wanted to bring out was that it was said it would be possible to put 16 units per acre under the Mayor's proposal. When they were here at one of the Council meetings recently there was a developer here with his plan and he said the only thing that would be possible to be built up there would be high density apartments. It would not be feasible financially for the cost of developing this to put in 16 units per acre. Mayor Todd said the financial burden would be on the developer. Mary Alice Steele, 16025 46th Avenue South, said they have been here twenty years and have raised seven children where they reside. They have enjoyed the community and the schools. They feel this is a fine area to raise a family in. They feel the high rise apartments are not conducive to raising families. They are important for people who are seeking money. She felt families are more important than money and she supports the people who are here in the majority tonight. Mayor Todd said in case of a compromise there would not be any high rise buildings up there. John Pose, 16044 51st Avenue South, said he owns the half acre behind his address. He has been paying taxes on the property. He would like to have the option of having a single dwelling or be able to put in multiple housing. MOVED BY BOHRER, SECONDED BY HILL, THAT THE CITY COUNCIL REGULAR MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. The meeting was called back to order by Mayor Todd, with Council Members present as previously listed. MOVED BY BOHRER, SECONDED BY BAUCH, THAT THE MCNAMARA REQUEST FOR WAIVER TO BUILD 54 CONDOMINIUM UNITS ON 2.7 ACRES IN MCMICKEN HEIGHTS BE ON THE AGENDA OF THE COMMITTEE OF THE WHOLE MEETING OF APRIL 13, 1982. Tom Walsh, attorney for Mr. McNamara, 1111 Third Avenue Building, Suite 2600, Seattle 98101, said his client has submitted all of the information requested by the City. They are here prepared to present all of the data, which has required some expense. It will be an expense to come back again. They would like to receive a decision on the matter at this meeting. They have been here previously and the matter has been set forward. Council President Borher said it would be discussed at the Committee of the Whole Meeting on April 13, 1982. A decision could not be made at that meeting. Decisions are made at the Regular Meetings. Mr. Walsh said it should be clear in the record that the applicant has done everything within his power to prepare and respond to the City Council questions, has been here on at least two prior occasions and there is nothing further that the applicant can do at this point. The applicant is sitting and waiting for the action of the Council to consider the facts and make a decision. The record should be clear on that point and whatever ramifications that has in terms of legal rights. *MOTION CARRIED, WITH VAN DUSEN AND PHELPS VOTING NO. TUKWILA CITY COUNCIL REGULAR MEETING April 6, 1982 Page 11 NEW BUSINESS Recommendation of applicant to fill position of Public Works Dir. Reappointment of Mrs. Ann Crain to Tukwila Park Comm. CONSENT AGENDA Approval of Vouchers. Prop. Ord. discon- tinuing summer sewage rate repealing ORD. 1007, Sec. 1, Subsec. (5) repealing Ord. #1163 Prop. Ord. adopting 1981 edition of Std. Spec. for Municip. Public Works Constr. amending Ord. 1093. Prop. Ord. estab. reg. sessions of Munic. Court amending Ord. 726. MOVED BY HILL, SECONDED BY DUFFIE, TO CONCUR WITH THE RECOMMENDATION OF THE APPOINTMENT OF BYRON SNEVA AS PUBLIC WORKS DIRECTOR. Councilman Bauch said he had not seen Mr. Senva's resume. He did not want to vote until he knew the qualifications of the candidate. Councilman Van Dusen said he would like to see Mr. Sneva's resume in advance so he would be aware of his qualifications and experience. Councilman Phelps said all six of the final candidates were qualified to fill the position. The three final names that were submitted for selection were experienced. Mr. Sneva has had previous experience working with the City. *MOVED BY VAN DUSEN, SECONDED BY BAUCH, THAT APPROVAL OF THE RECOMMENDATION OF MR. BYRON SNEVA AS PUBLIC WORKS DIRECTOR BE TABLED AND PUT ON THE AGENDA OF A SPECIAL MEETING TO BE HELD APRIL 13, 1982. MOTION CARRIED, WITH HILL AND DUFFIE VOTING NO. MOVED BY HILL, SECONDED BY BAUCH, THAT COUNCIL CONCUR WITH THE REAPPOINTMENT OF MRS. ANN CRAIN TO THE TUKWILA PARK COMMISSION. MOTION CARRIED. Councilman Van Dusen said he would like to remove one voucher in the amount of $13.91. It is to pay for a "no show" at the Suburban Mayor's Association meeting. Councilman Hill said if a Councilman has to work and cannot attend it is an unavoidable absence. MOVED BY VAN DUSEN, SECONDED BY BAUCH, THAT THE VOUCHER BE APPROVED AS PRESENTED. MOTION CARRIED, WITH HILL AND PHELPS VOTING NO, AND VAN DUSEN ABSTAINING FROM VOTE. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila discon- tinuing the summer sewage rate and repealing Ordinance No. 1007, Section 1, Subsection (5) (14.16.030) (5) and repealing Ordinance No. 1163 by title only. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED, WITH BAUCH VOTING NO. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila adopting the 1981 edition of the Standard Specifications for Municipal Public Works Construction as the code of the City of Tukwila and amending Ordinance No. 1093 by title only. MOVED BY BOHRER, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read the proposed ordinance of the City of Tukwila establishing regular sessions of the Municipal Court and amending Ordinance No. 726 (TMC 2.68.050) by title only. MOVED BY BOHRER, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. City Attorney Hard said the Municipal Court office is contemplating court during the day on Wednesday rather than evening. He recommended not passing the ordinance until this has been determined. *MOTION FAILED. TUKWILA CITY COUNCIL REGULAR MEETING April 6, 1982 Page 12 CONSENT AGENDA Prop. Ord. estab. reg. sessions of Munic. Court amending Ord. 726 contd. Budget Transfer 82 -01, Additional funding to complete basic projects at upper Foster Park Youth Athletic Field. MISCELLANEOUS Resolution 819 an emergency authorizing Mayor to execute contract for repair services. ADJOURNMENT 11:02 P.M. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT THE PROPOSED ORDINANCE BE FORWARDED FOR COUNCIL CONSIDERATION AT THE DISCRETION OF THE COMMITTEE CHAIRMAN. MOTION CARRIED. Don Williams, Director of Parks and Recreation, explained the need for the transfer of funds so they can go out for bids at the end of the month. MOVED BY PHELPS, SECONDED BY HILL, TO APPROVE THE BUDGET TRANSFER IN THE AMOUNT OF $17,050. MOVED BY BAUCH, SECONDED BY BOHRER, TO AMEND THE MOTION AND WITHDRAW $1,300 AND $2,200, ITEMS 3, 4, AND 5, FROM THE BUDGET TRANSFER. Mr. Williams said all of the items are necessary and there may be donations to help with the expense. *MOTION FAILED, WITH HILL, DUFFIE, PHELPS, VOTING NO; BOHRER, VAN DUSEN AND BAUCH VOTING YES. TIE VOTE. *MOTION FAILED, WITH HILL AND VAN DUSEN VOTING YES. Mr. Williams said this places the project in a troubled position. We will be running the risk of having to go back and tear up some of the work that has been done in order to complete the project like we want to at a later date. MOVED BY BOHRER, SECONDED BY DUFFIE, TO REFER THE BUDGET TRANSFER TO THE COMMUNITY AFFAIRS COMMITTEE. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY PHELPS, THAT THE BUDGET TRANSFER BE ON THE AGENDA OF THE SPECIAL MEETING OF APRIL 13, 1982. MOTION CARRIED. COUNCILMAN VAN DUSEN LEFT THE MEETING AT 10:45 P.M. Phil Fraser, Acting Public Works Director, said the heavy rain and high river has caused a cave -in of the storm drain system in the southeast corner of South 180th Street and Andover Park West. A resolution has been prepared. The cause of the cave -in will be determined by the engineer when the repair is done. MOVED BY PHELPS, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Mayor Todd read a resolution of the City of Tukwila, Washington declaring an emergency and authorizing the Mayor to execute a contract for repair services by title only, in the absence of the City Attorney, who had left the meeting. MOVED BY PHELPS, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOVED BY BAUCH, SECONDED BY PHELPS, TO AMEND THE MOTION IN SECTION 2 AND REPLACE "CONTINGENCY FUND" WITH "ARTERIAL STREET FUND." MOTION CARRIED. *MOTION CARRIED, AS AMENDED. MOVED BY HILL, SECONDED BY PHELPS, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. M or Frank t4. Todd Norma Booher, Recording Secretary