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HomeMy WebLinkAbout1994-01-24 Special MinutesOFFICIALS CITIZEN'S COMMENTS None. BID AWARDS Award contract to PAMCO for 42nd Ave. South Bridge. TUKWILA CITY COUNCIL SPECIAL MEETING MINUTES CONSENT AGENDA a. Approval of Vouchers: Nos. 69244 through 69400 in the amount of $870,440.08. *MOTION CARRIED. January 24, 1994 Tukwila City Hall 7:00 p.m. Council Chambers CALL TO ORDER Mayor Rants called the Special Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. COUNCILMEMBERS STEVE MULLET, Council President; JOE DUFFIE, JOAN PRESENT HERNANDEZ, DENNIS ROBERTSON, ALLAN EKBERG, JOYCE CRAFT, DOROTHY De RODAS. JOHN MCFARLAND, City Administrator; LINDA COHEN, City Attorney; LUCY LAUTERBACH, Council Analyst; ROSS EARNST/RON CAMERON/DOUG MICHEAU, Public Works; RICK BEELER /JACK PACE, DCD. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED. Award contract to MOVED BY MULLET, SECONDED BY DUFFIE TO AWARD Progressive CONTRACT TO PROGRESSIVE CONTRACTORS, INC. IN THE Contractors, Inc. AMOUNT OF $1,597,892.60 FOR SOUTH 180TH STREET /SR 181 INTERSECTION WIDENING PROJECT.* Councilmember Mullet commented that the above figure was a bit higher than what the Council had anticipated, but the minutes of the Transportation Committee did not show how much higher. Councilmember Ekberg responded that the Engineer's Estimate was $1,781,000.00 and the lowest bidder was selected which came in under the Engineer's Estimate. MOVED BY MULLET, SECONDED BY DUFFIE, TO AWARD CONTRACT TO PAMCO IN THE AMOUNT OF $38,800 FOR EMERGENCY SHEET PILE INSTALLATION AT 42ND AVENUE SOUTH BRIDGE.* Special Meeting Minutes January 24, 19914 Page 2 Award contract to PAMCO for 42nd Ave. South Bridge (Con't). PUBLIC HEARINGS Request for vacation of a portion of 43rd Place South within (Foster View Est.) The Mayor explained that the abutment on the north side is starting to wash away and demands emergency repairs with sheetpile and rocks to preserve the bridge. Ekberg inquired what will be done to prevent this sort of thing from happening again. Earnest explained that the repairs that will be done will be a permanent fix. Robertson inquired why weren't options other than the Small Works Roster sought. Earnst responded that a number of contractors were contacted but only one responded. The other option was to declare an emergency and negotiate with one contractor. *MOTION CARRIED. Mayor Rants opened the public hearing at 7:15 p.m. Ross Earnst, Public Works Director, brought a map and used it to point out the area to be vacated. Duffle requested that in the future overheads should be used so as to benefit the Council as well as the Citizens. Earnst stated the area is slightly under 2,000 sf. The highest assessed value of property around it was $1.26 per sf. Therefore, an appraisal was not necessary. Regarding the risk potential, the property being considered for the exchange has steep slopes and a Class II Water Course. Future uses could be for erosion control facilities and as part of stream enhancement. Councilmember Duffie inquired as to why this particular street is being vacated. Earnst responded that it's been requested by the property owners on both sides to vacate the property so that they can use it in their plat. Councilmember Robertson stated it appears there are several issues involved in this transaction. One is a request for a vacation and the other one is an exchange in property. Earnst replied it's a request for vacation, and the payment method for the property being vacated will be an exchange of a separate piece of property. Special Meeting Minutes January 24, 1994 Page 3 Street vacation 43rd P1. S. (Con't) Applicant: Public Hearing closed. (Revised, 2/15/94) Robertson asked if the property being proposed for the exchange has a value equal to one -half or greater than the property being vacated. After some calculations, he concluded that the difference wasn't enough to warrant disapproval of the requested street vacation. He said he doesn't feel that the City is getting a fair exchange by way of possible property development or risk because of the steep slopes and Class II water course. The Council continued their discussion focusing on the configuration of the property, trying to determine the abutting properties, and possible liabilities the City may incur. Bill Fowler, Vice President, Dujordan Development, presented to the Council a copy of the survey that was done before the final plans were completed. He stated that the survey that was done (around 1904) indicated that there was a right of way that had been granted. Regarding the abutting properties, he stated that the property to be vacated is rectangular in shape and only one (1) property owner does not abut the property. Mayor Rants closed the public hearing at 7:47 p.m. MOVED BY EKBERG, SECONDED BY CRAFT, TO AUTHORIZE THE REQUEST FOR VACATION OF A PORTION OF 43RD PLACE SOUTH WITH THE CONDITION THAT THE CITY ACCEPTS THE PROPERTY IN QUESTION AS AN EXCHANGE FOR IT.* ROLL CALL VOTE: DUFFIE, NO HERNANDEZ, YES MULLET, NO ROBERTSON, NO EKBERG, YES CRAFT, YES DE RODAS, NO *MOTION FAILED 4 TO 3. MOVED BY MULLET, SECONDED BY EKBERG, TO ACCEPT THE STREET VACATION AT THIS TIME WITH THE COMPENSATION TO BE DEVELOPED AS A CONDITION OF FINAL PLAT APPROVAL.* Special Meeting Minutes January 24, 199(4 Page 4 Street vacation 43rd Pl. So. (Con't). Moratorium relating to land use zoning in C -2 zone along Hwy 99. (Revised. 2/15/94) MOVED BY ROBERTSON, SECONDED BY EKBERG, TO AMEND THE MOTION TO ALLOW THE CITY TO RETAIN EASEMENTS FOR UTILITIES AND PUBLIC TRAILS AS REQUESTED BY VALVUE SEWER DISTRICT AND TUKWILA PARKS DEPARTMENTS; AND, THAT THE CITY CONDITION THE VACATION TO THE PLAT APPROVAL. *MOTION CARRIED WITH DUFFIE VOTING NO. Mullet commented that he's not necessarily against accepting the triangular piece of property. It's just that he does not feel appropriate examination was implemented. If it comes back at a later time with more information and a little more detailed analysis, he may very easily vote yes. *MOTION CARRIED WITH AMENDMENTS WITH DUFFIE VOTING NO. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO AMEND ORDINANCE 1679 AS FOLLOWS: 1) ADD A NEW SECTION #3 (WAIVER) TO READ--"IN THE EVENT THE MORITORIUM CREATES AN UNDUE HARDSHIP WITH RESPECT TO FINANCIAL, PERSONAL OR OTHER REASON. TILE INTERESTED PARTY(IES) MAY PETITION IN WRITING TO THE CITY COUNCIL. A DATE TO HEAR THAT PETITION WILL BE SET BY THE COUNCIL PRESIDENT. IN CONSIDERING THE PETITION THE COUNCIL WILL BEAR IN MIND THE INTENT OF THE MORATORIUM: THE BEST INTERESTS OF THE CITY WEIGHED AGAINST THE INTERESTS OF THE INDIVIDUAL: THE CIRCUMSTANCES AND HARDSHIP CAUSED BY THE MORATORIUM AND THE DAMAGE THAT COULD RESULT FROM STRICT ADHERENCE TO THE MORATORIUM 2) ADD A NEW SECTION #4 (VESTED RIGHTS) TO READ--"THE MORATORIUM CREATED BY THIS ORDINANCE DOES NOT APPLY TO PROPERTIES WITH VESTED RIGHTS ON THE DATE OF ENACTMENT OF THIS ORDINANCE. "VESTED RIGHTS" SHALL BE DEFINED IN ACCORDANCE WITH WASHINGTON STATE CASE LAW AS THOSE PROPERTIES WHICH HAVE SUBMITTED TO THE CITY A FULLY COMPLETE BUILDING PERMIT APPLICATION WHICH IS IN COMPLIANCE WITH THE ZONING AND LAND USE CODES IN EFFECT ON THE EFFECTIVE DATE OF THIS ORDINANCE:" AND 3) ADD A NEW SECTION #5 (ADMINISTRATIVE DETERMINATION)- "ADMINISTRATIVE Special Meeting Minutes January 24, 19914 Page 5 Moratorium relating to C -2 Zone, Hwy 99 (Con't). Public Hearing opened (C -2 Zone Hwy. 99) DETERMINATION REGARDING THE INTERPRETATION AND APPLICATION OF THIS ORDINANCE SHALL BE MADE BY THE DIRECTOR OF COMMUNITY DEVELOPMENT (DCD). ANY AGGRIEVED PARTY MAY APPEAL SUCH A DETERMINATION TO THE CITY COUNCIL BY FILING A NOTICE OF APPEAL WITH THE CITY CLERK OFFICE WITHIN TEN (10) DAYS OF THE DATE OF THE DETERMINATION. THE CITY COUNCIL SHALL CONSIDER THE APPEAL AND A PUBLIC HEARING WITHIN THIRTY (30) DAYS THEREAFTER. THE DECISION OF THE CITY COUNCIL SHALL BE FINAL AND CONCLUSIVE." ALSO, THE ADDITION OF THOSE THREE WOULD REQUIRE THAT THE OTHER SECTIONS BE RENUMBERED APPROPRIATELY. Robertson, speaking to the changes, stated that these are the same types of clauses that were in the previous SAO Moritorium. Applying them did two things. 1) It took a lot of staff and Council time but it gave people who had a legitimate claim an opportunity to have their claims brought forward and dealt with; and, 2) It gave the City an opportunity to ensure that any unforeseen or any unintended damages did not occur. MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, TO AMEND SECTION #5 TO INCLUDE "JANUARY 24.1994. *MOTION CARRIED. *MOTION CARRIED. Mayor Rants opened the public hearing at 8:06 p.m. Rick Beeler, DCD Director, reviewed his January 20 Memo to the Mayor which stated that a disproportionate number of motels exist along Highway 99. When Tukwila annexed this area, residents expressed grave concern regarding the concentration o criminal activity in this neighborhood. Those concerns have continued and have been expressed by residents throughout the City, largely because of the criminal activity and police resources required to respond. Beeler said pursuant to the Growth Management Act, the City is updating its Comprehensive Plan and development regulations. That process includes initial drafting of the Plan by the Tukwila Tomorrow citizen committee. The committee earmarked the general area along Highway 99 for a neighborhood center which is intended to be of lower intensity and less impacting land uses than the prohibited uses in the existing C -2 zone along Highway 99. Therefore, significant potential exists that the prohibited uses of Ordinance No. 1679, if allowed to multiply, would seriously impede the ability to create a neighborhood center. Special Meeting Minutes January 24, 1994 Page 6 Public Hearing C -2 Zone, Hwy 99 (Con't) Opponent: Public Hrng (C -2 Zone Hwy 99) closed. Public Hrng opened (TCI Cable franchise). Public Hrng closed (TCI Cable franchise). Ordinance #1688 franchise to TCI Cable. Mayor Rants closed the public hearing at 8:18 p.m. Mayor Rants opened the public hearing at 8:22 p.m. Mayor Rants closed the public hearing at 8:23 p.m. Scott Miller, 10306 NE 10th, Ste. #110, Bellevue, spoke in favor of amending the moritorium, specifically for the Blue Star Motel. He said the Blue Star has worked extremely close with all staff and personnel related to this project with regards to the design review process. The Design Review Committee /Architectual Review Committee for the City of Tukwila gave it their endorsement less than two weeks prior to the Council approval of the emergency moritorium. Miller also expressed appreciation for the amendments the Council made to this ordinance in trying to be flexible in this situation. However, he stated they were not alerted to the emergency moritorium ordinance and requested the Council consider amending the ordinance to exclude the Blue Star Motel due to it's diligence in trying to make it a project that will be acceptable to the City. He said he made application for a building permit but it was denied because the moritorium stipulates that you cannot even make application for the building permit while the moritorium is in effect. Doug Micheau, Public Works Coordinator, explained the Franchise Ordinance constitutes an agreement with TCI for their compliance with the general terms of the Master Franchise Ordinance as well as their specific requirements to provide equipment and services to benefit the community and comply with the City's standards and regulations. Micheau introduced Gary Hogenson, General Manager of TCI; and, Lon Hurd, 3 -H Cable Communications Consultants. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Administrator John McFarland read an ordinance of the City Council of the City of Tukwila, Washington, granting a non exclusive franchise to Telecommunications, Inc. of Seattle for the construction, operation, and maintenance of a cable Special Meeting Minutes January 24, 1994 Page 7 Ord #1688 (TCI Cable franchise (Con't). REPORTS ADJOURNMENT 9:00 P.M. system within the City limits, providing for severability, and establishing an effective date. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO ADOPT ORDINANCE #1688 AS READ. MOTION CARRIED. Mayor Rants reported he had attended the public hearing of the Metropolitan/King County Council on Economic Development. It appears they will be working toward reducing the regulations, mitigations, etc. that are going on in the County in order to develop the economy. The Mayor urged the Council to decide on a designee from among themselves as to who will represent the City of Tukwila. Council President Mullet reported that Robertson, Hernandez and Craft have expressed an interest to serve as representatives on the Economic Development Council. Mullet said he will serve as alternate. Councilmember Ekberg announced he will be on vacation the week of February 21, 1994. Councilmember Craft recommended using part of the Council's Budget to access MSRC information line via modem hook -up to Lucy's computer so that she would be better equipped to research data for the Council. MOVED BY DUFFIE, SECONDED BY ROBERTSON, TO ADJOURN TO THE MEETING. MOTION CARRIED. LCJ W. Mayor v Celia Square, Dep LQ1,d/et City Clerk