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Home My WebLink About1994-02-22 Regular MinutesFebruary 22, 1994 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS CITIZEN COMMENTS TUKWILA CITY COUNCIL REGULAR MEETING MINUTES Mayor Rants called the Regular Meeting to order and led the audience in the Pledge of Allegiance. JOE DUFFIE; JOAN HERNANDEZ; STEVE MULLET, Council President; DENNIS ROBERTSON; JOYCE CRAFT; DOROTHY DeRODAS. MOVED BY DUFFLE, SECONDED BY ROBERTSON, TO EXCUSE COUNCILMEMBER EKBERG. MOTION CARRIED. JOHN McFARLAND, City Administrator; RICK BEELER, DCD Director; RON CAMERON; City Engineer; ROSS EARNST, Public Works Director; MIKE WALTER, Attorney; LUCY LAUTERBACH, Council Analyst. Dan Aragon, Duwamish Improvement Club President, 4610 So. 124th Street, announced that at the Club's last meeting, several members noted their opposition to changing the name of Duwamish Park. Aragon provided a copy of the Club's last meeting agenda. Art Berrington, 12244 45th Ave. So., provided a petition signed by 113 people opposing any name change of the park. Roger Baker, 11662 42nd Ave. So., name change proponent, said he felt that those in opposition didn't have all the right facts of the matter.. Mayor Rants recommended the issue be discussed at the Community Affairs Parks Committee on March 14th at 5 p.m. Gladys Bigelow, 12062 42nd Ave. So., suggested Council read about Duwamish Park in the Tukwila History Book. Lanny Vickers, 12227 45th Ave. So., distributed copies of historical information about the Duwamish Indians. Tukwila City Hall Council Chambers Steve Lawrence, 4461 So. 144th St., former Tukwila City Councilmember, asked that Council consider a curfew for Tukwila young people to help keep them off the street at late hours. He also asked Council to approve the RCAA funding request that will be discussed later in the agenda. Tukwila City Council Regular Meeting February 22, 1994 Page 2 CONSENT AGENDA Ord. #1690 Ord. #1691 Ord. #1692 Ord. #1693 Withdrawn/to New Bus. Withdrawn/to New Bus. Withdrawn/to New Bus. Withdrawn/to New Bus. OLD BUSINESS Ord. #1694 Authorizing Water Bond Financing MOVED BY DUFFLE, SECONDED BY CRAFT, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.* Councilmember Robertson requested Items 5h, 51, 5k, and 51 be withdrawn and moved to New Business for further discussion. *MOTION CARRIED AS AMENDED.. a. Approval of Minutes: 1/18/94, 1/24/94 (Sp. Mtg.) b. Approval of Vouchers: Nos. 69614 through 69864 in the amount of $414,464.99 c. Ordinance establishing the Economic Development Advisory Board d. Ordinance creating a Community Oriented Policing Advisory Board e. Authorize Mayor to sign contract with Kenyon Sullivan for extra legal services Ordinance setting standards for fire hydrants Ordinance amending the TMC relating to taxation of gambling activities h. Ordinance repealing the moratorium established in Ord. 1685 relating to land use and zoning in six locations in the City i. Authorize Mayor to sign developer's agreement with McLeod Development Co. for NW Exhibition Center Authorize Mayor to sign contract with INCA Engineers Inc. in the amount of $269,948.09 for S. 180th St. /SR181 construction administration k. Authorize Mayor to sign contract with Seattle City Light in the amount of $646,443 for 42nd Ave. S. undergrounding project 1. Authorize Mayor to accept rights -of -way donations on 42nd Ave. S f. g. J. MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, 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, Tukwila City Council Regular Meeting February 22, 1994 Page 3 Old Business (con't) Ord. #1694 Authorizing Water Bond Financing Res. #1291 Repayment of Interfund Loan for Water- works Projects Ord. #1695 Amending the 1994 Budget WASHINGTON, RELATING TO THE WATERWORKS UTILITY OF THE CITY, INCLUDING THE SYSTEM OF SEWERAGE AS A PART THEREOF; SPECIFYING, ADOPTING AND ORDERING TO BE CARRIED OUT A SYSTEM OR PLAN OF ADDITIONS TO AND BETTERMENTS AND EXTENSIONS OF THE WATERWORKS UTILITY OF THE CITY; AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF THE CITY TO PAY A PART OF THE COST OF THAT SYSTEM OR PLAN; AND AUTHORIZING INTERFUND LOANS PENDING THE ISSUANCE OF THOSE BONDS. MOVED BY HERNANDEZ, SECONDED BY MULLET, TO ADOPT ORDINANCE NO.1694 AS READ. MOTION CARRIED Councilmember Duffle suggested Council consider looking into reading ordinances three times prior to adoption. MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. McFarland read a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING ITS OFFICIAL INTENTION TO REIMBURSE CAPITAL EXPENDITURES IN CONNECTION WITH THE CONSTRUCTION OF CERTAIN EXTENSIONS OF AND IMPROVEMENTS TO THE WATERWORKS UTILITY OF THE CITY FROM PROCEEDS OF A FUTURE BORROWING. MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, TO APPROVE RESOLUTION NO.1291 AS READ. MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Tukwila City Council Regular Meeting February 22, 1994 Page 4 Old Business (con't) Ord. #1695 Amending the 1994 Budget Award of E. Marginal Way/ Ryan Hill PS &E to PACE Findings Conclusions Foster View Estates SEPA Appeal RCAA Funding Request .27 John McFarland read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE 1994 BUDGET ADOPTED BY ORDINANCE NO. 1681, TO AUTHORIZE AN INTERFUND LOAN FROM THE SEWER FUND NO. 402 REQUIRED TO FINANCE PRELIMINARY ENGINEERING DESIGN SERVICES FOR THE EAST MARGINAL WAY/RYAN HILL NEW WATER SYSTEM CAPITAL IMPROVEMENTS IN THE WATER/SEWER CONSTRUCTION FUND NO. 403 AND ESTABLISHING AN EFFECTIVE DATE.. MOTION CARRIED MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH PACE IN THE AMOUNT OF $391,118 FOR THE EAST MARGINAL WAY/RYAN HILL PS &E. MOTION CARRIED. Following review of the document with Mike Walter, Special Counsel for the City in this issue, Council agreed that Finding #9 be amended to read as follows: The City Council reviewed the appeal under the "clearly erroneous standard After hearing all relevant evidence pursuant to TMC 21.04.280 (d), the City Council posed the question of "whether the Council was left with the definite and firm conviction that a mistake had be made by the Responsible Official". MOVED BY ROBERTSON, SECONDED BY MULLET, TO ADOPT THE FINDINGS AND CONCLUSIONS AS AMENDED. MOTION CARRIED. (Craft and DeRodas were previously excused from consideration of this issue and did not vote.) MOVED BY MULLET, SECONDED BY HERNANDEZ, TO RELEASE $5,000 TO RCAA.* Mayor Rants indicated his support of the motion and explained that the RCAA is not a legal defense fund. It is looking at involving the state in transportation issues. They are looking at the scoping of Tukwila City Council Regular Meeting February 22, 1994 Page 5 Old Business (con't) RCAA Funding Request Ord. #1696 Waiving Requirements for Sewer Connections for Certain Properties Along 44/43rd NEW BUSINESS Ord. #1697 Repealing the Moratorium Related to Land Use in Certain Areas the EIS document, as well as surface water, transportation, air quality, and noise pollution. MOTION CARRIED WITH DUFFIE VOTING NO. MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED *MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY DUFFLE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED John McFarland read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, John McFarland read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, WAIVING THE REQUIREMENT FOR PROPERTIES TO CONNECT TO SEWER IF AVAILABLE WITHIN 250 FEET WHERE METRO WILL BE CONSTRUCTING A SEWER LINE ON 44TH AVE. S., S. 122ND ST., AND 43RD AVE. S. MOVED BY ROBERTSON, SECONDED BY MULLET, THAT ORDINANCE NO.1696 BE ADOPTED AS READ.* Councilmember Robertson explained that as the major Metro sewer line is dug, part of the mitigation was to add a second line that could be later used for Allentown residential purposes. Robertson stated he feels it is a good use of public funds and eliminates the need to dig things up twice. Mayor Rants added that after the total City study has been completed and the work on sewers has been completed, it will be time for residents to hook up to the sewer line. Ross Earnst, Public Works Director, said that residents may hook up to the line at this time if they want to; however, the costs to do so are yet to be determined. Regarding the size of the line, Earnst said the sewer line was sized for buildout as it is zoned, residential. Tukwila City Council Regular Meeting February 22, 1994 Page 6 New Business (con't) Ord. #1697 Repealing the Moratorium Related to Land Use in Certain Areas Authorize Mayor to Sign Developer's Agreement McLeod Exhibition Center REPEALING ORDINANCE NO. 1685 RELATING TO LAND USE AND ZONING IN SIX LOCATIONS AND ESTABLISHING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, BUILDING PERMITS, COMPREHENSIVE PLAN AMENDMENTS AND REZONES. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1697 BE ADOPTED AS READ.* Councilmember Robertson spoke against the motion stating that this ordinance would take away protection from the type of problem experienced with the Valley View project where the developer hurriedly filed for building permits under what was then the existing zoning code. When the area was rezoned single family, the permits applied for under the former zoning were denied and the City was drawn into a prolonged legal battle. Councilmember Duffie suggested that ordinances involving land use issues be read at least three times before they are acted upon. Councilmember Hernandez said she favored repealing the ordinance because of the three persons who spoke at the public hearing, all were against the moratorium. No one spoke in support of the moratorium. *MOTION CARRIED 4 -2 WITH ROBERTSON AND DUFFLE VOTING NO. MOVED BY ROBERTSON, SECONDED BY MULLET, TO MOVE THIS ISSUE BACK TO THE UTILITIES COMMITTEE FOR FURTHER ANALYSIS AND WORK.* Following discussion Council determined that there were still issues to be resolved and several areas of the contract needed more work. *MOTION CARRIED. Tukwila City Council Regular Meeting February 22, 1994 Page 7 New Business (con't) Seattle City Light Contract for Undergrounding Project on 42nd Ave. S. REPORTS Mayor Councilmember Robertson explained he removed this issue from the Consent Agenda due to the large amount of money involved in the contract. MOVED BY ROBERTSON, SECONDED BY DUFFLE, TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH SEATTLE CITY LIGHT IN THE SUM OF $646,443 FOR THE 42ND AVE. SO. UNDERGROUNDING PROJECT. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO AUTHORIZE THE MAYOR TO ACCEPT RIGHTS -OF -WAY DONATIONS ON 42ND AVE. SO.* Mayor Rants and Council President Mullet reported on the PSRC Four Post Plan which deals with flight patterns.. Councilmember Robertson explained that there will be more rights of -way required. The City is paying for sidewalks and residential street improvements on 42nd Ave. S. Robertson said he suspected that a few property owners may try to realize a financial gain from the project. For those individuals, Robertson suggested the possibility of doing some type of an LID saying that the donation of the property that the sidewalk would cover would be considered the cost of the sidewalk. Property owners who chose not to donate the property would have to pay the cost of the sidewalk. John McFarland suggested the city attorney look into Robertson's proposed "in kind" donation of land in lieu of an LID assessment to see if it would satisfy the requirement of the assessment. Ross Earnst asked that Council accept the dedications from those property owners who have agreed to donate the property. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO AMEND THE MOTION TO ADD THE FOLLOWING WORDS: AND THOSE DONATIONS MAY BE USED IN LIEU OF AN LID PARTICIPATION SHOULD A SIDEWALK LID BE DEEMED NECESSARY FOR THE PROJECT. MOTION CARRIED Tukwila City Council Regular Meeting February 22, 1994 Page 8 Reports (con' Council ADJOURNMENT 8:40 p.m. Councilmember Duffle reported he attended the DARE graduation and a presentation by Police Officer Ted Rutt on youth crime. Councilmember Hernandez reported she attended the Tukwila Apartment and Motel Managers' Network meeting and complimented Human Services Specialist Karen Wright for the rapport she has established with the network. Councilmembers Mullet and DeRodas reported they attended the DARE graduation and ACC meeting last week. Councilmembers Craft and DeRodas reported their attendance at the Police Explorers banquet last Saturday. MOVED BY MULLET, SECONDED BY HERNANDEZ, THAT THE MEETING BE ADJOURNED AT 8:40 P.M. MOTION CARRIED. AAA C o, cwv;� Rants, Mayor s arse E. Cantu, City Clerk