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HomeMy WebLinkAbout1991-04-01 Regular MinutesApril 1, 1991 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS CONSENT AGENDA Consent Agenda corrected 11/6/91 See page 5 PUBLIC HEARINGS Waiver to Ord. #1550 (moratorium) from Pac-Tec Engineering for Development of the Hellwig Addition TUKWILA CITY COUNCIL Regular Meeting MINUTES Tukwila City Hall Council Chambers In the absence of Mayor VanDusen, Council President Robertson called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE DUFFLE; DENNIS ROBERTSON, Council President; JOAN HERNANDEZ,; STEVE LAWRENCE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO EXCUSE COUNCILMEMBERS EKBERG AND RANTS. MOTION CARRIED. MIKE KENYON, City Attorney; RHONDA BERRY, Assistant to the City Administrator; LYNN DEVOIR, Parks Recreation Superintendent; ROSS EARNST, Public Works Director; DOUG MICHEAU, Public Works Coordinator; GARY SHULTZ, Urban Environmentalist. a. Approval of Minutes: March 18, 1991 b. Approval of Vouchers General Fund $118,214.66 City Street 152,509.99 Arterial Street 106,840.39 Land Acq., Building, Dev. 96,431.30 Water Fund 1,518.54 Sewer Fund 1,967.84 Water /Sewer Construction 0.00 Foster Golf Course 40,197.99 Surface Water (412) 17,190.88 Equipment Rental 8,338.35 Firemen's Pension 2,616.80 TOTAL $545,826.74 MOVED BY DUFFIE TO APPROVE THE CONSENT AGENDA AS SUBMITTED.* Councilmember Hernandez requested that Item 5e be removed and discussed under New Business. Council President Robertson requested that Item 5d be removed and discussed under New Business. COUNCILMEMBER MORIWAKI SECONDED THE MOTION. *MOTION CARRIED. Council President opened the public hearing at 7:20 p.m. Urban Environmentalist Gary Schultz explained that the applicant, Pac -Tec Engineering, is requesting a waiver to process all required permits to develop 18 existing single family lots in the Hellwig Addition. The property was platted previous to its annexation into Tukwila. City staff has been working with the applicant and will need more information to review the development proposal. The sensitive areas moratorium is applicable because of steep slopes (some exceeding 15 percent) and the recent identification of a potential wetland area on the site. Jeffrey Mann, Pac -Tec Engineering, 6100 Southcenter Blvd., presented preliminary engineering plans for Council's review. Public Works has requested that 139th Street and 140th Street be connected and that 139th be extended in order to serve the plat with an essential road. It would have a temporary cul -de -sac but would be extended to the end of the plat with the potential of connecting to Macadam at a future date. Mr. Mann presented a slope analysis chart of the development site. According to Mr. Mann the majority of the site Minutes Regular Meeting April 1, 1991 Page 2 Public Hearing (con't) Opponents Rebuttal contains slopes from 0 -40 percent. He pointed out the location of the potential wetland. Mr. Mann explained the package of geotechnical conditions that will be presented to the City as part of the review process would actually decrease the slope instability and the water problems on the site through incorporating the geotechnical conditions that have been identified. Also completed is a preliminary wetland analysis of the site. The location of the wetland is at the point where the road would be placed. Jack Stendall, Jr., 5414 So. 140th Street, lives near the area of the development. He reported that during the winter there is water running off one hill like a waterfall. There is also a fulltime stream that runs through the middle of the site. There is water on the property year- round, but worse in the winter months. He does not feel it is feasible to build 18 houses on the site due to the wetland conditions of the property. As a youth Mr. Stendall spent a considerable amount of time on this property; thus, he feels he knows the property well. Councilmember Hernandez asked if Mr. Stendall had ever observed any slope instability or landslides in the area. Mr. Stendall replied that where the proposed 139th Street runs there is an erosion with water runoff on the entire hillside. There is also a natural spring in this area which poses a threat of major instability. Joe Goss, 4525 So. 139th, adjoining property owner, strongly opposes the waiver because the trees on the property serve as a natural noise barrier from the freeway. Robert Bettson, 4524 So. 139th, commented he felt that there were too many houses proposed for the site. Della Swigart, 4526 So. 140th, noted her concern that if 140th were widened as proposed, it would impact their driveway. According to Mrs. Swigart, in the winter water comes down the hillside, "pours" down 140th, and flows down alongside the berm in their driveway. They have had water in their basement during many winters. She urged Council to take a closer look at this piece of property. Jim Santora, 4617 So. 140th, commented he felt the lot sizes were too small to build upon. He echoed the concerns of his neighbors regarding the water on the property. Mr. Santora presented a map as an exhibit. Jeff Mann reiterated that the request is for a waiver to the moratorium. The lots are existing. The proponent is asking to submit plans to the City for review and provide all the same information that the sensitive area ordinance, when adopted, would require. He noted that the lots along Macadam Road were originally part of the Hellwig Addition. Mr. Mann acknowledged the drainage, slope, and wetland issues on the site and the requirements of the City regarding the applicant's responsibility. Mr. Mann submitted the following exhibits: A) a copy of the site plan from the agenda packet; B) a larger site plan; C) scope analysis; D) conceptual road extension from 46th Ave. to 48th Ave. S.E. Councilmember Hernandez inquired what type of hardship would be incurred if the waiver were denied. Mr. Mann responded that he had hoped to be able to work on the site and address the water issues during the drier part of the year. Asked about his erosion control plans, Mr. Mann answered that the controls would include catchment areas for any soils that might leave the site, silt fences, grading during the drier months, and seeding the site. Council President Robertson declared the hearing closed. Councilmember Duffle noted that as a Scoutmaster for 15 years, he is familiar with the site. He feels the site is unsuitable to build on. Minutes Regular Meeting April 1, 1991 Page 3 Public Hearinv (con't) MOVED BY DUFFIE, SECONDED BY LAWRENCE, TO DENY THE WAIVER.* Recess NEW BUSINESS Assumption of Responsibility of Water District #25 Councilmember Moriwaki commented that it is obvious a water problem exists because of the erosion controls that the contractor plans to make. He supports waiting until the sensitive areas ordinance is addressed later this month rather than granting the waiver at this time. Councilmember Lawrence commented that at this time it would not be to the benefit of the applicant to go through all the procedures prior to the SAO being adopted. Councilmember Hernandez stated that from the testimony this property appears to be extremely sensitive. She stated she is not convinced that this request meets the criteria necessary for a waiver at this time. Council President Robertson noted there were still studies to be completed for this project. He inquired whether the proponent would be able to begin construction this summer even if he were granted a waiver. Public Works Director Ross Earnst responded that he was unsure they could meet the summer timeline due to the geotechnical reports required, the issue of access, and the problems with the surface water. *MOTION CARRIED. WAIVER REQUEST IS DENIED. MOVED BY DUFFIE, SECONDED BY LAWRENCE, TO TAKE A FIVE MINUTE RECESS. MOTION CARRIED. Council President called the meeting back to order. He stated he was uncomfortable with a clause in the agreement that is open ended in terms of time and money. Ross Earnst explained that within the next 5 -10 years this project will require a large amount of capital. The study shows how the City will use the money in area. It would cost over $2 million at today's cost to replace the entire system. It would take a very long period of time to pay for a new system with the money from the difference in rates. Council President Robertson responded he is concerned about constraining future utility activities because it is committing a certain sum of money to one project and nothing else. What it amounts to is a committment of the difference between District #25's current rates and Tukwila rates for a period of 10 -15 years to be used for capital equipment. Robertson restated his concern regarding the open ended agreement. Councilmember Duffie commented that the Utilities Committee had considered a "cap" of 5 years for funding the system upgrades. Ross Earnst added that Public Works would be investigating grant monies and low interest rate loans, i e., the Public Works Trust Fund, for matching funds. If a loan is obtained, the entire system will be affected. Councilmembers Hernandez and Lawrence voiced their support of the agreement. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO DELETE THE WORDS "AND FUTURE" FROM THE FOURTH LINE IN SECTION 4 OF THE AGREEMENT. MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, TO AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT FOR DISSOLUTION OF KING COUNTY WATER DISTRICT #25 AND ASSUMPTION OF THE RESPONSIBILITIES BY THE CITY OF TUKWILA. MOTION CARRIED. Minutes Regular Meeting April 1, 1991 Page 4 New Business (con'tl Associated Grocers Development Agreement Recognition of Contribution to D.A.R.E. Program OLD BUSINESS Housing Code Ordinance Resolution Establishing Local Program Policies for 1992 CDBG Funds REPORTS City Council Councilmember Hernandez explained she requested this item be removed from the Consent Agenda because the agreement was not included in the agenda packet. Although sub committees review and approve many issues prior to discussion by the full council, Hernandez requests that all members review all agreements, contracts, etc. MOVED BY HERNANDEZ, SECONDED BY LAWRENCE, TO MOVE THIS ITEM TO THE APRIL 15 CONSENT AGENDA. MOTION CARRIED WITH DUFFIE VOTING NO. Council President Robertson thanked Mrs. Joyce Heran, Delta Chapter 109, Order of Eastern Star, for a contribution to the Police D.A.R.E. program. (Consent Agenda, Item 5c) MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon suggested amending the ordinance to include the following phrase: "amending Tukwila Municipal Code Chapter 2.76.070". MOVED BY MORIWAKI, SECONDED BY DUFFIE, TO AMEND THE TITLE OF THE ORDINANCE TO INCLUDE THE WORDS "AMENDING TUKWILA MUNICIPAL CODE CHAPTER 2.76.070 MOTION CARRIED. Attorney Kenyon read An Ordinance of the City of the City Council of the City of Tukwila, Washington, creating a new Tukwila Municipal Code Chapter 16.06 establishing a Housing Code regulating residential buildings and structures, amending Tukwila Municipal Code Chapter 2.76.070, providing for severability, and establishing an effective date. MOVED BY DUFFLE, SECONDED BY HERNANDEZ, THAT ORDINANCE NO.1593 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon read a Resolution of the City Council of the City of Tukwila, Washington, establishing general local program policies for participation in the 1992 King County Community Development Block Grant Consortium. MOVED BY MORIWAKI, SECONDED BY DUFFIE, TO APPROVE RESOLUTION NO.1181 AS READ. MOTION CARRIED. Councilmember Hernandez reported on the Utilities Committee agenda. She also reported the Finance and Safety Committee will not meet again until April 16. Councilmember Moriwaki reported he attended a meeting last week with several educators and parents at the Showalter library to discuss the issues involved in the impending teacher's strike. Moriwaki also reported on a meeting with the Tukwila Community Center Action Committee. He reviewed the studies by the consultant, and feels they are flawed. Council President suggested waiting to make a decision until all councilmembers have had a chance to review the studies. Minutes Regular Meeting April 1, 1991 Page 5 Reports (con't1 Staff Correction to Consent Agenda 11/6/91 Councilmember Lawrence met with a Polish community group composed of refugees from Poland. Approximately 50 of these adults reside in Tukwila and only speak Polish. The group is attempting to set up a program through the school district with the community coordinator to help them obtain English speaking skills. They are seeking funding for their program. Tukwila may want to get involved. Lynn Devoir, Recreation Superintendent, reported on the program her department will initiate at Tukwila and Thorndyke Elementary schools from 9 a.m. to 4 p.m. in the event of a teacher's strike. An extended care program will be held from 6:30 a.m. to 6:00 p.m. at the community center. This service is available to all Tukwila residents. ADJOURNMENT MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT THE 9:00 p.m. MEETING BE ADJOURNED. MOTION CARRIED. Consent Agenda GarfL. 'anDusen, Mayor Janie E. Cantu, City C lerk The following Consent Agenda items were inadvertantly left out of the official minutes of the April 1, 1991 Regular Council Meeting. They were approved as part of the motion on Page 1. c. A resolution accepting a donation to the D.A.R.E. Program. d. Authorize Mayor to execute agreement for dissolution of King County Water District No. 25 and assumption of responsibilities by the City of Tukwila. e. Accept Associated Grocers Development Agreement and authorize Mayor to execute the agreement. f. An ordinance providing for a water shortage response plan.