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HomeMy WebLinkAbout1983-03-07 Regular MinutesMarch 7, 1983 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE REPORTS Mayor Council Member City Attorney Report DEMONSTRATION Police K -9 Unit. EXECUTIVE SESSION Labor Negotiations and Upland Drive 7:35 P.M. TUKWILA CITY COUNCIL Tukwila City Hall City Chambers Regular Meeting M I N U T E S The Girl Scouts of Troup No. 606 and No. 729 led the audience in the Pledge of Allegiance. GEORGE D. HILL, LIONEL C. BOHRER, MABEL J. HARRIS, Council President, DORIS E. PHELPS, JOE H. DUFFIE, EDGAR D. BAUCH, WENDY A. MORGAN. Jg 7 DANIEL D. W00, Deputy City Attorney; MAXINE ANDERSON, City Clerk, BRAD COLLINS, Planning Director; PAT LOWERY, Police Chief. Mayor Van Dusen read a Proclamation declaring March 6 through 12 as Girl Scout Week in our City. The organization observes its 75th Anniversary on March 12, 1983. Mayor Van Dusen also read a Proclamation designating March as Chamber of Commerce Month for the City's Diamond Jubilee Celebration. The Tukwila /Sea Tac Chamber of Commerce represents the business community. Mayor Van Dusen reminded the audience of the Public Hearing being held by the City Council at the Tukwila Elementary School on Wednesday to discuss the various forms of government and answer questions on the advantages or disadvantages each might have to the City of Tukwila. Council President Harris reported the Council held their retreat over the weekend. It was very productive and the results will be distributed shortly. Attorney Woo announced that the trial date is set for the proposed incorporation of the City of Highline. Also, there will be a draft ordinance on the next Committee of the Whole Meeting. It specifically says in Section 7 that any annexation will not affect the County's obligations so far as the agreement on the construction of the 56th Avenue Bridge. Pat Lowery, Police Chief introduced the members of the Police K -9 Unit, Officer Myklebust with his dog Kato and Officer Miller with Chaser. Kato is 5 years old and has been working with the department for three years. Chaser is a 19 month old dog and he and Officer Miller are in training. Chaser was a donation from the King County Sheriff's Department. Both units demonstrated the effective manner the dogs have during a search operation and they told of the great advantages in having the K -9 Unit in the department. Councilman Bohrer requested that Upland Drive be discussed during the Executive Session. MOVED BY HARRIS, SECONDED BY PHELPS, THAT COUNCIL GO INTO EXECUTIVE SESSION. MOTION CARRIED. Frank Dennis was present to discuss the progress of the Labor Negotiations with each of the organized employee units. 8:20 P.M. Mayor Van Dusen called the meeting back to order. TUKWILA CITY COUNCIL, REGULAR MEETING March 7, 1983 Page 2 CONSENT AGENDA OLD BUSINESS Ordinance #1289 allowing Planned Residential Devel- opment in R -1, Single Family Districts. Attorney Woo Read. a. Approval of Minutes: February 21, 1983 b. Approval of Vouchers: Claims Fund Vouchers #14169 #14258 Current Fund Golf Course Spec. Rev. Street Fund Arterial Street Federal Shared Rev. Water Fund Sewer Fund 35,042.70 551.82 3,829.38 1,894.01 1,472.69 1,712.69 26,206.89 70,710.18 38 c. Resolution 848 of the City of Tukwila authorizing the Mayor to enter into an agreement with the Tukwila Historical Society. d. A resolution of the City of Tukwila authorizing the Mayor to execute a permit for limited use with Puget Western, Inc. e. A resolution of the City of Tukwila authorizing the Mayor to enter into an agreement with Washington Appraisal Services, Inc. for appraisal services on the Christensen Road Bridge Project. (T -Line Bridge) f. Budget Transfer Motion No.83 -02: Necessary to provide appraisal services for the T -Line Bridge Right -of -Way. MOVED BY HARRIS, SECONDED BY HILL, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. Councilman Bohrer asked to have Item 8d withdrawn from the Consent Agenda. Councilman Bauch asked to have Item 8f withdrawn, 8e was also withdrawn. MOTION CARRIED. Councilman Duffie expressed concern that the citizen's are not aware that Council is voting on the Planned Residential Development Ordinance tonight. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED WITH DUFFIE VOTING NO. AN ORDINANCE ALLOWING PLANNED RESIDENTIAL DEVELOPMENT (PRD) IN THE R -1 SINGLE FAMILY DISTRICTS, AMENDING ORDINANCE NO. 1247 AND TUKWILA MUNICIPAL CODE CHAPTER 18.46. MOVED BY HARRIS, SECONDED BY PHELPS, THAT ORDINANCE NO. 1289 BE ADOPTED AS READ.* Councilman Hill said that Council has done a good job with the land use policies. The City is divided so that people have a choice of the type of residence they want to live in. They have tried to protect the R -1 areas. There is a place in the R -1 area for the P.R.D. and that would be lots on a steep hillside not those with level terrain. Council legislates for the City, not for those wanting to make a profit. Councilman Phelps reminded Council that there are no substantial differences between the P.R.D. and the R -1 Development. Under P.R.D. the homes can be arranged on the property a little different. The homes can be closer together to take advantage of the open space. Any development under this ordinance goes to the Planning Commission for a Public Hearing and then to the City Council for a Public Hearing. TUKWILA CITY COUNCIL, REGULAR MEETING March 7, 1983 Page 3 21st' Councilman Bauch expressed concern and asked the City Attorney if this ordinance is passed is Section 2 considered a quasi judicial type of action. If it does, would it preclude a Council- man from voting on the authorization of a P.R.D. if they live within 100 or 200 feet of a proposed development. Attorney Woo said that there was new legislation passed last year on local land use decisions, Appearance of Fairness. The act applies to certain types of action, a limited appearance of fairness doctrine and it defines certain action that is not subject to the doctrine. Legislative action, under the new act are not subject to the Appearance of Fairness Doctrine however, a quasi judicial action is. The definition of a quasi- judicial action would apply to this ordinance. It is possible that a Council Person could be disqualified from taking part in a hearing on whether or not a permit should be granted but it would be under very limited situations. First, any statement made during a political campaign can not be used to disqualify that Council Person from hearing an action. Second, if a person sat in an advisory position prior to becoming a Councilman, that position would not disqualify him /her from voting on the matter. Third, someone must challenge a person's action under the Appearance of Fairness Doctrine. If there is a basis for disqualification and a Councilperson is challenged then, that person can only vote if he makes up a majority. A challenge cannot cause the lack of a quorum on the Council. Councilman Bauch asked for the definition of extraordinary public benefit. Attorney Woo said that extraordinary is more than ordinary public benefit, something beyond the usual. A public benefit would include all of the policies included in the City's comprehensive land plans and zoning code. It is a clause that cannot be perfectly defined Councilman Bohrer confirmed that proximity to a P.R.D. could be grounds for disqualification for a Councilman from voting on a proposal. Attorney Woo said it is a possibility if somebody were to challenge on that basis. But, if a Councilman were disqualified and Council ended up with a tie vote the person who was disqualified would be entitled to vote. Councilman Bohrer said there are two chances for people to voice their concerns on a P.R.D., one is at the Planning Commission level and the other is before the City Council. This proposal offers an avenue for retention of more land in single family with- out some of the pressures for it to go to multiple family. As the ordiance says, if there isn't some extraordinary public benefit, it isn't going to happen. There are some very stringent restrictions in this ordinance. He said he supported passage of the ordinance. Mrs. Connie Meyer, 5505 So. 144th,said she felt a Council Member living near a proposed P.R.D. should have the right to speak. Councilman Bauch said he has been in favor of this ordinance until he thought about the possibility of the loss of being able to participate. He was challenged, earlier this year, on his right to vote on the zoning ordinance because of a past position. He feels any developer will challenge a Council Member's rights if he lives near a proposed P.R.D. and is going to be adverse to it. The map included in the packet shows that Councilman Duffie is the only member that cannot be challenged; all of the others are in close proximity to property that could be developed under a Planned Residential Development. He said he was not willing to give up his right to represent his neighborhood. TUKWILA CITY COUNCIL MEETING larch 7, 1983 Page 4 RECESS: 9:15 P.M. 9:30 P.M. Attorney Woo said he is not convinced that proximity would be a valid base for disqualification on appearance of fairness doctrine, especially when talking about a City with a limited R -1 area. He said there has been no court challenge on this point. Mr. Collins explained that in dealing with the details of any proposal, whether P.R.D. or traditional sub division, the application of the appearance of fairness doctrine would apply. Cris Crumbaugh, audience, said Council does quasi judicial things all the time. He felt proximity here in Tukwila would not necessarily disqualify a person. The whole idea of the appearance of fairness doctrine is that what you do has to appear fair to the public. Attorney Woo explained that before this new legislation came out the appearance of fairness doctrine was used to strike down all kinds of actions before Cities. The legislature intended to make a challenge realistic with this law. The intent of the statute is very clear, to restrict the appearance of fairness doctrine. Any time Council takes an action on land use that affects somebody, they run the risk on somebody challenging them. Just living in a neighbor- hood is not enough to disqualify someone. Councilman Bohrer asked if a Council Person were disqualified from participating in discussion at the Council Table could he speak on the issue from the audience. Attorney Woo said once disqualified you could speak. Under the new law, during the pendency of any quasi judicial proceeding, no member of a decision making body may engage in communication with opponents or proponents with respect to the proposal. Council People are also prohibited from signing petitions either for or against or from speaking at private meetings either for or against. This makes it more difficult to disqualify anyone on the appearance of fairness doctrine. MOVED BY BAUCH, SECONDED BY HILL, THAT THIS ISSUE BE TABLED UNTIL THE CITY ATTORNEY RENDERS HIS OPINION IN WRITING. ROLL CALL VOTE: HILL YES BOHRER NO HARRIS NO PHELPS NO DUFFIE YES BAUCH YES MORGAN NO MOTION FAILED, 4 NO, 3 YES. ROLL CALL VOTE: (on the original motion to adopt ordinance as read) HILL NO BOHRER YES HARRIS YES PHELPS YES DUFFIE NO BAUCH NO MORGAN YES MOTION CARRIED: 4 YES, 3 NO MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Van Dusen called the Regular Meeting back to order with all Council Members present. TUKWILA CITY COUNCIL MEETING March 7, 1983 Page 5 Resolution 849 Accepting the plat and commercial street improvements for Upland Drive Rep. Res. 844 Attorney Woo Read Resolution 850 Authorizing the Mayor to execute a permit for limited use with Puget Western, Inc. (T -Line Bridge) Attorney Woo Read. Resolution #851 Authorizing the Mayor to enter into an agreement with Washington Appraisal Services. (T -Line Bridge) Attorney Woo Read. Budget Transfer Motion No. 83 -02 To provide appraisal service. (T -Line Bridge Project) NEW BUSINESS Proposed Ordinance concerning Water Rates. Rental of Golf Course residence MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ ADDING "AND REPEALING RESOLUTION NO. 844" TO THE TITLE AND TO THE BODY. Resolution No. 844 includes the statement that Upland Drive would be accepted "only upon the construction of a barrier on the south to restrict through traffic" and this is being omitted from the new Resolution. A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, ACCEPTING THE PLAT AND COMMERCIAL STREET IMPROVEMENTS FOR UPLAND DRIVE. MOVED BY PHELPS, SECONDED BY HARRIS, THAT RESOLUTION NO. 849 BE ADOPTED AS READ. MOTION CARRIED WITH BOHRER VOTING NO. This resolution allowes the right -of -entry on private property for engineering surveys and soil investigations for the T -Line Bridge Project. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PERMIT FOR LIMITED USE WITH PUGET WESTERN, INC. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT RESOLUTION NO. 850 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH WASHINGTON APPRAISAL SERVICES,INC. FOR APPRAISAL SERVICES ON THE CHRISTENSEN ROAD BRIDGE PROJECT. (T -LINE BRIDGE) MOVED BY HARRIS, SECONDED BY DUFFIE, THAT RESOLUTION NO. 851 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE BUDGET MOTION TO TRANSFER FUNDS FOR APPRAISAL SERVICES BE ADOPTED AS PRESENTED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE ON WATER RATES BE REMOVED FROM THE AGENDA AND HAVE IT RETURNED TO THE PUBLIC WORKS COMMITTEE. Councilman Phelps reported that the Finance Director has additional information on water meters and water rates that the Committee should look at. Mayor Van Dusen said he would like this back at a Committee of the Whole for all seven members to discuss. *MOTION CARRIED WITH BAUCH VOTING NO. Mayor Van Dusen reported that various uses for the house at the Golf Course have been considered. The Manager at the course would like to lease the garage for golf cart storage. He suggested $350 rent for the house plus have the renters watch over the area. MOVED BY MORGAN, SECONDED BY HARRIS, THAT THE RENTAL OF THE HOUSE AT THE GOLF COURSE BE PLACED IN THE COMMUNITY AFFAIRS COMMITTEE. MOTION CARRIED. TUKWILA CITY COUNCIL MEETING March 7, 1983 Page 6 MISCELLANEOUS Problem, Maule Avenue Animal Control Agreement ADJOURNMENT 10:30 P.M. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE MAYOR BE AUTHORIZED TO ENTER INTO AN AGREEMENT FOR RENTAL OF THE GARAGE AREA FOR STORAGE SPACE FOR THE GOLF COURSE. MOTION CARRIED. Mayor Van Dusen explained the City is going to lose all rights to purchase or exchange the Puget Power Right -of -way along Interurban if some action isn't taken shortly. Council- man Bauch said he felt there is already a policy allowing the exchange of property. This item will be checked on. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE CITY REMAIN WITH KING COUNTY FOR ANIMAL CONTROL FOR 1983. MOTION CARRIED WITH HILL AND PHELPS VOTING NO. MOVED BY HILL, SECONDED BY DUFFIE, THAT THE REGULAR MEETING OF THE TUKWILA, CITY COUNCIL ADJOURN. MOTION CARRIED. City Clerk