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HomeMy WebLinkAbout1976-09-20 Regular MinutesROLL CALL OF COUNCIL MEMBERS SEATTLE CITY LIGHT APPEAL Denial of Fill Permit TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall September 20, 1976 7:00 P.M. Council Chambers M I N U T E S FLAG SALUTE AND Mayor Bauch, presiding, led the Pledge of Allegiance and called the CALL TO ORDER Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN OFFICIALS IN Mayor Bauch; John McFarland, Administrative Assistant; Steven Hall, ATTENDANCE Public Works Director; Kjell Stoknes, Director OCD; Lawrence Hard, Deputy City Attorney; Maxine Anderson, City Clerk Pro Tem. MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, THAT THE AGENDA BE AMENDED TO ALLOW A PRESENTATION. MOTION CARRIED. Deloris Signett and Bryon Palmer from Law Enforcement Explorer Post No. 999 presented Mayor Bauch with a plaque of appreciation for his support of the Explorer Post. Mayor Bauch introduced Officer Bob Abbott, Tukwila Police Department, who is advisor of the Explorer Post. Officer Abbott gave a brief report on the function of the Explorer Post. MINUTE MOVED BY HILL, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR APPROVAL MEETING OF SEPTEMBER 7, 1976, BE APPROVED AS PUBLISHED. MOTION CARRIED. VOUCHER MOVED BY HILL, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND APPROVAL WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Van Dusen questioned how much the City spends per year on rental equipment? Steven Hall, Public Works Director, stated that they have investigated this and found it more economical to operate in this way. *MOTION CARRIED. Vouchers No. 543 667 Current Fund 543 633 $19,838.24 Street Fund 634 649 41,136.49 Land Acq., etc. 650 22.06 Water Fund 651 660 1,508.54 Sewer Fund 661 667 295.42 $62,800.75 LID 21 LID 22 LID 24 LID 25 LID 25 LID 27 LID 27 C 28 C 39 C 34 C 52 54 R 31 C 11/12/13 R 1 12.41 198.56 1,030.03 2,409.00 2,409.00 74,258.15 74,258.15 Mayor Bauch noted that the Seattle City Light Appeal is a matter of Old Business; it is not a Public Hearing. He introduced Kjell Stoknes, Director OCD, who gave a brief summary on the background of the Seattle City Light Appeal. Mr. Stoknes stated that the action by Seattle City Light to fill the pond location west of Andover Park West and South of Strander Boulevard started in August, 1975,when they submitted their application to the City for a grading permit. After review, it was determined that an environmental impact statement was required. The preliminary environmental impact statement was prepared by the Tukwila Planning Department in March, 1976, and distributed to the appropriate agencies for comment. The final E.I.S. was completed in May. On May 17, 1976, it was determined that the matter should go before the Board of Architectural Review. This Board is the Planning Commission with the City Council sitting as the appeals body. On July 22, 1976, the Planning Commission, at its regular meeting, denied issuance of the grading permit. In July, City Light appealed the decision to the City Council. TUKWILA CITY COUNCIL REGULAR MEETING September 20, 1976 Page 2 SEATTLE CITY LIGHT APPEAL Cont. Denial of Fill Permit Cont. /L 3s Mr. Stoknes explained that City Light has really been affected by the State Environmental Policy Act. They could have filled this property up until 1972 with no problem. Now, the City needs to take into account the Environment Policy Act, and City Light has become a victim of circumstance. He encouraged the Council to concur with the recommendation of the Planning Commission which is denying the permit until such time as a fill development proposal is emanate. Mr. Walter Williams, Assistant Corporation Council for the City of Seattle, representing City Light, stated that the lake did not appear on the property until late 1973 and early 1974 so there was no problem until that time. City Light filed the application to fill the property in August 1975. At that time their rights to a permit, under the laws of Tukwila, were vested as long as they complied with these laws. He proceeded to give the Council some background on the problem. The property was bought in 1958 and at that time there was a serious drainage problem on adjoining property. This property drained through the City Light property. City Light kept this drainage clear to prevent any claims of damage by the adjoining property owner for flooding his land. Mr. Williams noted that he was just pointing out that there has been a drainage problem here for years. Early in 1966, plans were made to develop Andover Park West. Prior to that, City Light had already donated to Tukwila a strip of land 1,900 feet long and 30 feet wide for the development of Strander Boule- vard. City Light now was asked to donate a s r ,pp land 1,300 feet long and 60 feet wide. At this time, seve rPIPLid considered, one was the drainage. The proposal was to install a 60 inch culvert under Andover Park West to replace the drainage ditch. At that time, there were two means of drainage, the ditch and a 12 inch culvert. In 1968, Mayor Minkler, in an attempt to assist in the development of Andover Park West, wrote a letter to Mayor Braman. In the letter he stated, 'I feel sure that as the road is built, proper culverts will be installed. Andover Park West is not designed to act as a dam to the City Light property.' In September, 1971, Mayor Todd wrote to the Mayor of Seattle and asked Seattle to consider dedicating, to the City of Tukwila, a strip of land 1,300 feet long and 60 feet wide so that Andover Park West could be developed. The City of Seattle indicated to Mayor Todd that there were certain things that they were concerned about. If these could be resolved, they would dedicate the property. Mr. Nelson wrote Mayor Todd in June, 1972, that, 'It was further understood that the drainage system connected to the existing 48 inch storm drain in Andover Park West, North of Strander Boulevard would be installed within the extended street area or within the utility easement area and the necessary culverts would be placed within the street to drain the water from the City of Seattle property lying westerly of the extended street.' Mayor Todd answered Mr. Nelson's letter and stated, 'Your drainage request is reasonable.' The drainage agreed upon was made available to the property, the only difficulty is that the drainage stubs were placed so high they were not useable. They were put that way anticipating City Light filling the property. It is not possible to use the land.as a commercial development with the lake sitting in the middle of it. There are 25 plus acres out of 38.8 acres that City Light will not be permitted to fill. From December 5, 1975, to approximately January 17, 1976, flood water backed up onto the City Light property through the storm drainage system. This is where the major part of the water came from. City Light put the property out for bid and could get no bidders without a fill permit. They are requesting that they be treated like everyone else in the valley, let them fill the property so they can sell it. They have paid more than $200,000 in assessments and have dedicated land valued at $214,000 to the City of Tukwila. They have invested in excess of one million dollars in this property and right now they cannot sell it. TUKWILA CITY COUNCIL REGULAR MEETING September 20, 1976 Page 3 SEATTLE CITY LIGHT APPEAL Cont. Denial of Fill Permit Cont. RECESS 7:55 P.M. 8:05 P.M. MOTION AMENDED 10/4/76 PUBLIC HEARINGS Community Develop- ment Plan and Program /L 3‘ Mr. Williams suggested the City of Tukwila buy the property, as is, for a park or bird sanctuary. They have an estimated appraisal of the property, as is, of 2.2 million filled it is worth 3.2 million. This ended Mr. William's presentation. MOVED BY VAN DUSEN, SECONDED BY MS. HARRIS, THAT THE COUNCIL RECESS FOR 10 MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order with the Councilmembers present as previously noted. Denial of Fill Mr. Fred Satterstrom, Planning Department, spoke on the environment of Permit Contd. the pond. Mr. Leonard Steiner, 13239 N.E. 100th in Kirkland, member of the Audobon Society, stated that this site has always been a low, wet land area and the ducks have used it as feeding ground. Because of the filling of land in the valley, these ponding areas are becoming scarce. He stated that Cities have got to realize the value of this type of area and that most new Comprehensive Plans by Cities include policies regarding the maintenance of open space and wildlife habitat. Ms. Sylvia Ludwig, 15150 65th Ave. South in Tukwila, stated she has been studying the pond weekly for fourteen months. She has positively identified 52 different species of birds, 5 of which are uncommon in this area. She has seen up to 3,000 waterfowl on the pond. Most of the trees are not dead and,whether dead or not, they provide an excellent habitat. She would like to see development around the pond, but preserve the pond. Joanne Davis, 5906 South 144th in Tukwila, stated that on December 14, 1974, the Council granted the change in zoning and the pond was there then. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE COUNCIL FOLLOW THE RECOMMENDATION OF THE PLANNING COMMISSION 27, 1976. AND CONCUR WITH IT AND DENY CITY LIGHT A PERMIT TO FILL THEIR PROPERTY.* Attorney Hard stated that the Council must consider the pond as it stands today. It is unfortunate that City Light is caught in a changing legal environment, but the environmental protection laws do state that natural resources will be saved as much as possible. The law says that the deciding body must take a good look at the proposed project and make an intelligent and informed decision. City Light does have a legitimate claim here as they cannot get rid of this property as it stands now. They need a fill permit. City Light feels they do have a contract with Tukwila that the land would not be left land locked so it could not drain. He stated that the Council should make their decision based on the facts. Van Dusen stated that he does not believe the property should just be filled and leveled but suggested some type of a controlled development. Ms. Harris stated that City Light was aware of the ponding when they applied for a rezone. She did not recall anyone saying that they intended to fill the property at that time. *ROLL CALL VOTE: 5 AYES MS. HARRIS, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. 2 NOS GARDNER, HILL. MOTION CARRIED. Mayor Bauch announced that a Public Hearing is required prior to adoption of the Community Development Plan and Program 1975 1977. He declared the Public Hearing open. Kjell Stoknes, Director OCD, presented the staff report. He explained that the Housing and Community Development Act provides for funding over a three year period. The total amount of dollars allocated to Tukwila over the entire three -year period is approximately $28,000. TUKWILA CITY COUNCIL REGULAR MEETING September 20, 1976 Page 4 PUBLIC HEARINGS Community Develop- ment Plan and Program Cont. CITIZEN'S COMMENTS Letter from Attorney Wayne Parker Claim for Payment on LID #25 Letter from Steve Hall Request for funds for radio Letter from Attorney Hard Wells vs. Tukwila (L.I.D. #25) Cont. "37 The Planning Commission conducted a Public Hearing on August 26, 1976, and unanimously recommended the Council adopt the proposed Community Development Plan and Program. The proposed projects include Interurban Avenue improvements ($6,000) and the following three walkway improvements ($22,000) 1. McMicken Heights Trail 2. 62nd Avenue Trail, 3. 57th Avenue Trail. Van Dusen stated that he basically likes the plan but questioned the priorities. He thought maybe other trails should be considered the extension of 65th to Interurban Avenue South or the extension of 59th Avenue South. Ms. Pesicka noted that the 57th Avenue South trail has been used for many years. Mayor Bauch stated that the proposed trails are on existing rights -of -way. Van Dusen stated he would like to see all of the rights -of -way opened up for a trail system. Traynor stated that a trail through 62nd would be used by those walking to the Shopping Center. Hill suggested these proposed trails could be done in 1977 and open the others at a later date when more money is available. Ms. Pesicka stated that she likes the priorities as listed in the proposal. Mr. Dick Kinsop, 16816 53rd Avenue South in Tukwila, said he would certainly back improving the McMicken trail as it is well used and, he has used it himself; it is in drastic need of improvement. Since there was no more discussion, Mayor Bauch declared the Public Hearing closed. Mr. Rudolph Regal, audience, asked if the path from 56th to 57th Avenue South was City property and, if so, could money be budgeted to main- tain it? Steve Hall stated that the legal descriptions of the adjoining property owners read, "less 4 feet for sidewalks." Mr. Regal stated that this path has been used for many, many years. Mayor Bauch stated that if the property does belong to the City, we certainly will maintain it. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Mayor Bauch referred to a letter from Mr. Wayne R. Parker, former City Attorney, concerning his demand for payment for legal services rendered regarding Local Improvement District No. 25. Mayor Bauch stated that Mr. Parker is in error; the LID is not completed and the final assess- ment roll has not been accepted. Mayor Bauch introduced a letter from Steve Hall, Public Works Director, requesting the approval of funds to purchase a replacement radio, estimated at $1,700, for the Field Superintendent's vehicle. Mr. Hall stated he is looking at an R.C.A. unit and that it should last between 5 and 10 years. MOVED BY VAN DUSEN, SECONDED BY MS. PESICKA, THAT THE COUNCIL AUTHORIZE THE PURCHASE OF THE RADIO PER THE REQUEST OF THE PUBLIC WORKS DIRECTOR. MOTION CARRIED WITH MS. HARRIS VOTING NO. Mayor Bauch stated that he thought this item had been disposed of at the last Committee of the Whole Meeting by referring it to the City Attorney for negotiation. The City Attorney had requested this be placed back on the agenda at the suggestion of the plaintiffs. TUKWILA CITY COUNCIL REGULAR MEETING September 20, 1976 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Letter from Attorney Hard Welis vs. Tukwila (L.I.D. #25) Cont. SECOND READING OF ORDINANCES No. 990 Ord. Requiring that rev. from gambling exc. taxes be used primarily for enforcement of state gambling laws FIRST READING OF ORDINANCES No. 991 Ord. a donation of sod from Southcenter Shopping Ctr. Cpn. RESOLUTIONS Res. Approving a joint compr. solid waste management plan (1st reading) /638 Attorney Hard explained that he had an M.A.I. appraisal of $1.90 per square foot on the property in question. He submitted this figure to the Attorney for the plaintiffs as a form of negotiation. The plaintiffs did not agree with this but proposed to deed to the City the right -of -way and all the necessary easements, in order to allow the facilities to remain where they are, if the City will exchange the land that fronts on Interurban with the land that is part of LID #25. They believe this would be a sensible move on the part of the City as there is no way that the strip of land on Interurban can ever be used by the City. Further, it will solve the problem of the lawsuit and allow access to Fort Dent Park immediately, and will probably save the participants in the LID a substantial amount of money. Attorney Hard stated that he was directed to negotiate for the purchase of the property so he did not have the authority to negotiate on a possible land exchange. Ms. Pesicka stated that the land along Interurban referred to as being unuseable is part of the bicycle trail system. Traynor stated that he cannot see giving anything more to the LID, it should stand on its own feet. Attorney Hard explained that the LID would have to buy the land along Interurban from the City, then deed it over to the plaintiffs, in exchange they would receive a deed for approximately the same amount of land. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE COUNCIL DISCUSS THIS IN EXECUTIVE SESSION. Discussion followed on whether this is a topic for an executive session. Mayor Bauch recommended that the City retain ownership to the property along Interurban until they find out what traffic problems might develop once the park opens. MOTION FAILED WITH VAN DUSEN VOTING YES. MOVED BY MS. PESICKA, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance providing for the transfer of funds to comply with RCW 9.46.113 requiring that revenues from gambling excise taxes be used primarily for the enforcement of state gambling laws and amending Budget Ordinance #957. MOVED BY MS. PESICKA, SECONDED BY SAUL, THAT ORDINANCE #990 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Deputy City Attorney Hard read an ordinance accepting a donation of sod from Southcenter Shopping Center Corporation. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE RULE FOR SECOND READING BE SUSPENDED AND THAT ORDINANCE #991 BE ADOPTED AS READ. MOTION CARRIED. Ord. Relating MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ. to the marking and MOTION CARRIED. Deputy City Attorney Hard read an ordinance relating to signing of Bus Zones marking and signing of bus zones within the City of Tukwila. Ms. Pesicka suggested a bus schedule be posted on the bus zone signs. Steve Hall offered that he would discuss this with Metro. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolu- tion of the City of Tukwila approving a joint comprehensive solid waste management plan and authorizing an interlocal agreement with King County. TUKWILA CITY COUNCIL REGULAR MEETING September 20, 1976 Page 6 RESOLUTIONS Contd. Res. Granting approval of the prel. plat of Sky View Acres. (1st reading) DEPARTMENT REPORTS Mayor's Report MISCELLANEOUS Sam Ruljancich, Fire Fighter, submitted a letter to the City Council con- cerning their vote on Social Security. The letter states: "The body voted to unanimously have the City discontinue Social Security payments and file for an official determination from Social Security on our status, as directed by 0.A.S.I. under such a vote outcome." The letter further stated: "The Fire Department employees also voted that to the best of their knowledge the Hartford Deferred Compensation Plan serves the needs of the Fire Fighters best as a replacement for Social Security as a supplemental retirement income. Council President Hill suggested this letter be placed on the agenda for the Committee of the Whole Meeting of September 27, 1976. Mayor Bauch reminded the Council that they had already taken action to leave the City's matching funds in the General Fund if the Fire Fighters determine not to take part in Social Security. Public Works Employ- Mayor Bauch introduced a report concerning the Public Works Employment ment Act applica- Act. Discussion followed on the grant requirements under this Act. tion for grant There are three types of grants 100% grant for new projects, supplemen- for City Hall tal grants to increase federal contributions to approved federal agency projects or supplemental grants to provide all or part of state or local shares of an approved state or local project. Councilman Traynor asked why not direct forces for a Civic Center to be built on the old Foster High School site. Since it is already publicly owned property, maybe we could get title to it. Mayor Bauch stated he did not believe you could acquire title to the property, start the engineering and be ready for construction in five months. Ltr. from Fire Dept. Social Security axine'Anderson, City Clerk Pro Tem /6 3 MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolu- tion of the City Council of the City of Tukwila granting approval, sub- ject to certain conditions, of the preliminary plat of Sky -View Acres being Office of Community Development File No. 76 -26 -SUB. Mayor Bauch commented that it has been recommended by the Planning Commission to leave out the words "or depressed" in Section 1, Paragraph E. Mayor Bauch introduced John McFarland, the new Administrative Assistant to the Mayor. The week has been declared Constitution Week by the President, Mayor Bauch read the preamble to the Constitution. MOVED BY SAUL, SECONDED BY MS. PESICKA, TO AUTHORIZE THE MAYOR TO PROCEED WITH THE GRANT APPLICATION. Mayor Bauch again stated that in order to apply for a grant you must make application on property the City owns. Ms. Pesicka stated that she is interested in more than just City Hall and wanted to be sure you had to have the title to the property before apply- ing for the grant. Ms. Harris stated that the law says you have to have clear title to the property. *MOTION CARRIED, WITH HILL VOTING NO. ADJOURNMENT MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE REGULAR MEETING OF THE 10:20 P.M. TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Edgar D Bauch, Mayor