Loading...
HomeMy WebLinkAbout1991-05-20 Regular MinutesMay 20, 1991 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS Amend Agenda SPECIAL PRESENTATIONS APPOINTMENTS AND PROCLAMATIONS OF THE MAYOR CITIZEN COMMENTS TUKWILA CITY COUNCIL Regular Meeting MINUTES Tukwila City Hall Council Chambers Mayor VanDusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE DUFFIE; DENNIS ROBERTSON, Council President; JOAN HERNANDEZ,; CLARENCE MORIWAKI; ALLAN EKBERG; STEVE LAWRENCE, JOHN RANTS. JOHN COLGROVE, Office of the City Attorney; RICK BEELER, Director of DCD; RON CAMERON, City Engineer; ROSS EARNST, Public Works Director; TOM KEEFE, Fire Chief; ANN SIEGENTHALER, Assistant Planner; GARY SCHULZ, Urban Environmentalist. Councilmember Hernandez announced that Councilmember Duffie would be arriving late. MOVED BY ROBERTSON, SECONDED BY EKBERG, TO MOVE ITEM 10a FORWARD TO BECOME PART OF ITEM 4; ADD A NEW ITEM OF BUSINESS, 10f, A RESOLUTION REJECTING ALL BIDS FOR AN AERIAL FIRE APPARATUS. MOTION CARRIED. John Colgrove read the full resolution. MOVED BY RANTS, SECONDED BY EKBERG THAT RESOLUTION NO. 1181 BE APPROVED AS READ. MOTION CARRIED. Lt. Dave Hansen, Tukwila Fire Department, demonstrated a Heart Start 3,000 defibrillator and explained its importance to Tukwila Emergency Medical Services (EMS) daily operations. Hansen reported that on an average the machine is used more than once a week. Quantum Chemical Corporation and Suburban Propane have donated $5,000 to Tukwila EMS for the purchase of another machine. MOVED BY ROBERTSON, SECONDED BY EKBERG, THAT THE PROPOSED RESOLUTION BE READ IN ITS ENTIRETY. MOTION CARRIED. The following is Resolution 1181 by title only: A Resolution of the City Council of the City of Tukwila, Washington, accepting a donation to the Fire Department for a defibrillator for the Tukwila Emergency Medical Services, and thanking Quantum Chemical Corporation and Suburban Propane for making the donation. A Proclamation designating the week of May 19 -25 as National Public Works Week was read by the Mayor. Catherine Harris, 5610 So. 141st St., read from a prepared statement in which she questioned what the City is doing to adjust and /or compensate for the decline in anticipated revenue as discussed at the Finance and Safety Committee meeting on May 7. Mayor VanDusen responded that staff is closely monitoring the sales tax to see if a "trend" exists. In addition, staff is looking into cutting back on discretionary expenditures. He listed the following four stages as areas of consideration: 1) what each department can do in a discretionary mode, 2) hiring freeze, 3) cut backs to be considered, 4) how the City is affected by capital funding. Clarence Moriwaki referred to a "rainy day fund" established in 1989 as a result of a consultant's financial study. The fund dedicates .5 of one percent of the sales tax which amounts to approximately $600,000 per year; thus the City is better prepared to handle changes in the economy than our Minutes Regular Meeting May 20, 1991 Page 2 Citizen's Comments (con't'l CONSENT AGENDA BID AWARDS PUBLIC HEARINGS Request for Waiver to Ord. 1544 (moratorium) Loudon Real Estate r neighboring cities. Councilmember Hernandez added that we are currently $64,517 ahead of the projected revenue for May and $140,962 ahead for the year. This represents a seven percent increase for the month and a three percent increase for the year. One reason for the fluctuation in sales tax revenue last month was a decline in construction by the Boeing Company who pays sales tax on their construction projects. In addition, new reporting procedures were instituted during this period. In conclusion, Hernandez stated that activity has picked up and she is hopeful that it will level off. In the meantime, Council is mindful of the situation. Council President Robertson agreed and added that based upon this month, there is no reason to assume that Tukwila has any problems at all; however, he warned against foolish spending. a. Approval of Minutes: 4/15/91 and 5/6/91 b. Approval of Vouchers General Fund 167,336.73 City Street 35,364.61 Arterial Street 46,819.78 Land Acq., Building, Dev. 154,364.06 Facility Replacement (304) 340.00 Water Fund 14,609.06 Sewer Fund 77,827.32 Water /Sewer Construction 0.00 Foster Golf Course 35,320.96 Surface Water (412) 8,871.18 Equipment Rental 35,609.36 Firemen's Pension 45.00 TOTAL 576,508.06 c. Approval of regular full -time graphics position. d. Authorize Mayor to execute agreement with Perteet Engineering for design report on 40th 42nd Ave. So. project. e. Authorize Mayor to execute agreement with G.C.I. in the amount of $126,322.00 for Andover Park West and Strander /Southcenter Parkway intersection. f. Approve budget transfer in the amount of $300,000.00 for Boeing access road bridge deck repair and authorize Mayor to sign the budget transfer motion. Councilmember Robertson requested that Items 7d, 7e, and 7f be removed from the Consent Agenda and discussed under New Business. MOVED BY MORIWAKI, SECONDED BY ROBERTSON TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY LAWRENCE, TO AWARD THE BID FOR THE PRINTING OF THE TUKWILA HISTORY BOOK TO OLYMPUS PRESS IN THE AMOUNT OF $25,615.00. MOTION CARRIED. The hearing was opened at 7:35 p.m. Urban Environmentalist Gary Schulz explained that the petitioner has requested a waiver to apply for and obtain permits for building single family residences on the Flansaas property location at 14811- 42nd Ave. So. The site has an identified watercourse. The applicant cannot proceed with environmental and short sub division review to develop two residential lots. An alternative for consideration is to consider the review process for a single building permit which would be without a short sub- Minutes Regular Meeting May 20, 1991 Page 3 Public Hearings (con't) Hearing Closed 7:58 p.m. Request for Waiver to Ord. 1544 (moratorium) Timothy Thomas division application. This alternative would also likely avoid impacts to the on -site watercourse. If the stream was to be relocated, it would be best to locate it closer to the road, thereby avoiding impacts to neighboring property. Scott Clark, 4431 So. 144th St., realtor representing the property owner, Ina Flansaas, explained that the ditch is six to eight feet deep along most of its length and has been classified as a Class III watercourse. Mrs. Flansaas is suffering from a terminal illness and requests whatever outcome can be reach in the most timely manner and which yields the highest market value of the property. In his opinion, a short plat would do this; however, allowing a single family structure to be constructed on the southern portion of the property would cause no impact to the watercourse nor would it require the watercourse to be relocated. Tukwila resident Mel Roberson stated that the main water stream is on the south side of 148th and is a runoff from Highway 99 and 148th. In his opinion it is surface water runoff and should be addressed under surface water management. It should not be addressed as a watercourse. Councilmember Ekberg asked if the property was developed for a single family residence at this time, could it be short platted in the future. Rick Beeler, DCD Director, responded that it would be possible as long as the single residence was properly situated. Councilmember Robertson commented there appeared to be a hardship involved; however, in the past Council had discounted waivers to applicants merely to expedite their ability to sell the property. A waiver was considered only after review of site specific plans. Councilmember Duffie stated he was opposed to granting a waiver as the SAO should be passed within a month. MOVED BY EKBERG, SECONDED BY HERNANDEZ, TO GRANT THE WAIVER FOR PROCESSING OF ONE BUILDING PERMIT BUT NOT FOR THE ISSUANCE OF A BUILDING PERMIT SO THAT PROPERTY CAN BE POTENTIALLY DEVELOPED FOR A SINGLE FAMILY RESIDENCE ON THE SOUTHERN SECTION OF THE LOT, SUBJECT TO THE APPLICANT FILING AN AGREEMENT TO CONFORM TO THE ADOPTED SENSITIVE AREAS ORDINANCE.* Councilmember Duffie voiced his opposition to the motion. Councilmember Lawrence expressed his support due to the hardship issue. Speaking for the motion, Council President Robertson added that the waiver would not be of any real threat to the sensitive area on the property. *MOTION CARRIED WITH DUFFIE VOTING NO. WAIVER IS GRANTED WITH CONDITIONS. The hearing was opened at 8:10 p.m. Gary Schulz explained that Mr. Thomas is requesting a waiver so that he may apply for and obtain building permits to construct paved parking. The proposed parking lot would be located at the northwest corner of his property directly south of 5205 S. 151st St. The current gravel parking area was constructed without City permit and approval; subsequently, it is a violation of the zoning code. The site contains a slope identified as a Class II landslide hazard (15 -40 along the easternmost portion of the property. A portion of the slope is in the I -5 right of way. It appears that the existing area that is flat and gravelled is the area the applicant intends to pave. Granting this waiver would resolve the code violation. Council President inquired about drainage in the area. Mr. Schulz responded that there appears to be a storm system in 52nd Street. In response to Councilmember Hernandez' question about the effect on vegetation in the area, Mr. Schulz commented that most of the Minutes Regular Meeting May 20, 1991 Page 4 Public Hearines (con't1 Hearing Closed -8:25 p.m. Request for Waiver to Ord. 1544 (moratorium) City of Tukwila Public Works Department vegetation is gone in the area. One or two existing trees may be removed but will be replaced. There are no watercourses on the property. Timothy Thomas, applicant, explained that his tenants constructed the gravel parking lot without his knowledge. He stated that his tenants face a hardship due to inadequate parking, and he does not wish to continue being in violation of the zoning code. Council President Robertson inquired whether there was any hardship or "just cause" for pursuing the process at this time instead of waiting for another month until the SAO is passed. Rick Beeler responded that there did not appear to be any reason to process the waiver prior to the passage of the SAO. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO DENY THE REQUEST FOR WAIVER BECAUSE NO HARDSHIP HAS BEEN SHOWN.* Councilmember Rants commented that if the waiver is not granted, Council is giving the applicant approval to operate outside of the City's zoning code. Council President Robertson responded that the applicant is not recalcitrant. He is trying to work through the problem. It would not be in the City's best interest at this time to seek some type of administrative action against the applicant. Councilmember Hernandez added that the hardship provision had not been met. *MOTION CARRIED WITH RANTS VOTING NO. WAIVER IS DENIED. The hearing was opened at 8:28 p.m. Assistant Planner Ann Siegenthaler explained that this request involves two project components: 1) minor street widening including retaining walls and rockeries, and 2) roadside pedestrian paths. The location of the project is along Klickitat Drive, 53rd Ave. So., and South 160th. The ped path is designed to be an elevated path along two slopes. The project is affected by the moratorium due to the steep slopes classified as Class III landslide hazard areas. Public Works is requesting the waiver to allow them to go through the SEPA review process and to initiate construction of the various street improvements. The project will have direct impacts on the slope. In order to widen the roads, the banks along the roadside will have to be cut and retaining structures put in. The pedestrian path along Klickitat will require some posts to be anchored into the slope to support the structure. Due to the tight time schedule being experienced by Public Works, it is important that they be able to proceed with the SEPA review process and review the geotechnical reports. Attorney John Colgrove commented that according to Ordinance 1582, SEPA can be initiated but cannot be finalized until passage of the SAO. Councilmember Duffle asked what hardship would occur if the applicant were asked to wait until after the SAO was adopted. Ms. Siegenthaler responded that Public Works would be unable to meet their project schedule. City Engineer Ron Cameron added that a delay would cause this project to fall into the timeline of other major projects. The South 160th project was designed, bid, and put on hold for two years. Approval has been obtained from WSDOT for the ped paths. If this project is not approved at this time, the state may request that the project be put on hold for another year to avoid wintertime construction. Addressing the safety issues, Councilmember Robertson noted that the improvements to the onramp can't be done without removing the jersey barriers. If those barriers are removed without building a pedestrian path up above, there is no safe place for pedestrians to walk along Klickitat. Minutes Regular Meeting May 20, 1991 Page 5 Public Hearings (con't) Hearing Closed 8:48 p.m. NEW BUSINESS Ordinance Providing for the Takeover of W.D. #25 Ordinance to Acquire Permanent Levee Easement for Lower Green River Flood Control Project MOVED BY EKBERG, SECONDED BY HERNANDEZ, TO ALLOW THE PETITIONER TO APPLY FOR AND OBTAIN SEPA DETERMINATION.* Speaking to the motion Council President Robertson stated that the hardship involved was obvious. If the project slides, the potential for accidents at the I -5 intersection will continue. Councilmembers Lawrence and Hernandez concurred. Councilmember Ekberg added that although the jersey barrier has provided a level of safety for the ped path in the past, protection will increase with the improvements. *MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY LAWRENCE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance of the City Council of the City of Tukwila, Washington, assuming jurisdiction of the territory of Water District No. 25, and establishing an effective date. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT ORDINANCE NO. 1597 BE ADOPTED AS READ.* Ross Earnst explained that at the present time the City is taking over the whole of W.D. #25. The City has begun discussions with Seattle regarding future plans for the areas east of I -5, which includes part of W.D. #25; however, those plans have not been finalized. Negotiations will also take place with W.D. #125 which includes some Foster Point areas. Councilmember Lawrence noted his concern about the City making expensive upgrades to these districts in advance of the negotiations when it likely the service areas may by turned over to another district. Earnst stated that the decision to upgrade these systems will be made prior to turning them over. He added that if they are not upgraded, the City may have to pay another district to take them over. *MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance authorizing the acquisition by negotiation or condemnation of permanent levee easements on property described below, as described below, to be used for the purposes of and in connection with the construction, maintenance, reparation and operation of the 1991 Section 205 Project, CWIS 91634, also known as the Lower Green River Flood Control Project. MOVED BY DUFFIE, SECONDED BY EKBERG, THAT ORDINANCE NO. 1598 BE ADOPTED AS READ.* Councilmember Hernandez, Utilities Committee member, explained that there were 28 property owners asked to provide an easement to the City for the dike project. Of the 28 only one property owner refused. The City may be forced to condemn the property (the easement land only) if an agreement cannot be negotiated. Funding has been set aside for the project; postponement could threaten its completion this year. Nolan Gilbrow, project manager for the Corps, noted there will be no Minutes Regular Meeting May 20, 1991 Page 6 New Business (con't). A Resolution Approving an Interlocal Agreement with the City of Seattle for Possible Purchase of 800 Megahertz Radios Seattle Center Bond Issue Resolution Rejecting Bids for Fire Apparatus Approve Contract with Perteet Eng. for Design Report for 40 -42nd Ave.S. construction on the easement land. This land will enable the City to enter the trail easement for maintenance or emergency repairs. *MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY DUFFLE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. 1I Attorney Colgrove read a Resolution of the City Council of the City of Tukwila, Washington, approving an interlocal agreement with the City of Seattle for the purpose of jointly evaluating and potentially purchasing 800 megahertz two -way trunked radio systems. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT RESOLUTION NO.1182 BE APPROVED AS READ.* Chief of Police Ron Waldner explained that the City of Seattle extended the access of the outcome of their request for proposal for these radios to regional departments who are exploring the 800 megahertz system. This will allow the City to get in on the best prices if a decision is made to proceed with the purchase of this equipment. *MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY MORIWAKI, TO SUPPORT THE SEATTLE CENTER BOND ISSUE.* Council President Robertson commented that although he does not agree with the entire proposal, this is a vital issue to Tukwila residents as well as residents throughout King and Pierce Counties as it will help to maintain the vitality to downtown Seattle. Councilmember Duffie agreed, however, he spoke against the motion referencing the many issues Tukwila residents themselves will face in the year to come. Councilmember Lawrence added he also opposed the motion as he is not in favor of many of the items in the proposal. Councilmember Moriwaki stated he favored the motion and added that in his opinion the Seattle Center is actually a large community center for residents of King County. Councilmember Hernandez supported the motion, stating the residents themselves will be given the opportunity to decide the issue. *MOTION CARRIED WITH DUFFIE AND LAWRENCE VOTING NO. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read a Resolution of the City Council of the City of Tukwila, Washington, rejecting all bids for the purchase of a custom aerial fire apparatus. MOVED BY ROBERTSON, SECONDED BY RANTS, THAT RESOLUTION NO.1183 BE APPROVED AS READ.* Fire Chief Tom Keefe explained that only one bid was received and that it did not meet the specifications. He plans to take this item out to bid again if the resolution is approved. *MOTION CARRIED. Council President Robertson questioned thenreference to a four lane road on 42nd Ave So. Ron Cameron, City Engineer, explained it was Minutes Regular Meeting May 20, 1991 Page 7 New Business (con'tl Approve Contract with G.C.I. for Design Report and PS &E for Andover Park West and Strander /Southcenter Parkway Intersection Budget Transfer Motion for Repair of Boeing Access Bridge REPORTS Mayor Council included in the design report only as a way to show various versions of the street. The four lane design was included to show that it had been considered, along with a two and three lane version. Robertson suggested removing the reference from the report. Councilmember Moriwaki commented there were some people who would want to see a higher capacity road. Councilmember Ekberg added he would like to see an analysis done to support a four lane width. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO DELETE THE REFERENCES TO FOUR LANES IN THE DESIGN REPORT.* Councilmember Rants agreed with Robertson, but stated he felt it was important to see it as an option. Councilmember Hernandez agreed. ROLL CALL VOTE: DUFFIE HERNANDEZ ROBERTSON MORIWAKI EKBERG LAWRENCE RANTS *MOTION FAILS. NO NO YES YES NO YES NO MOVED BY MORIWAKI, SECONDED BY DUFFIE, TO AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT WITH PERTEET ENGINEERING FOR DESIGN REPORT FOR 40 -42ND AVE. SO. PROJECT. MOTION CARRIED. Ron Cameron briefly explained the development mitigation improvements for the project. In working with the consultant, the City will receive the design for bus pull outs and traffic signals that will be paid for by the developer. MOVED BY ROBERTSON, SECONDED BY RANTS, TO AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT WITH G.C.I IN THE AMOUNT OF $126,322.00 FOR ANDOVER PARK WEST AND STRANDER /SOUTHCENTER PARKWAY INTERSECTION. MOTION CARRIED. Ron Cameron explained that this is a large expense at one time, but the bridge repairs should last about 20 years. The Mayor added that this project has an emergency element. MOVED BY ROBERTSON, SECONDED BY RANTS, TO APPROVE THE BUDGET TRANSFER MOTION IN THE AMOUNT OF $300,000 AND AUTHORIZE THE MAYOR TO SIGN THE DOCUMENT.* Councilmember Moriwaki that although he agrees with the emergency, he feels that the community cannot always run to the Ending Fund Balance for unbudgeted funds. He suggested in the future shifting dollars from a project in the CIP scheduled years away. *MOTION CARRIED. Mayor VanDusen announced that First Quarter Activity Reports are available. Councilmember Duffie suggested purchasing a uniform hat for the police chaplain. Mayor VanDusen agreed. Councilmember Hernandez reported that she and Councilmembers Duffie and Rants had attended the breakfast and presentation of Quantum Chemical's $5,000 donation to the fire department. Minutes Regular Meeting May 20, 1991 Page 8 Reports (con't). EXECUTIVE SESSION 9:58 p.m. 10:25 p.m. Councilmember Moriwaki suggested moving intergovernmental reports to an earlier spot on the agenda. Councilmember Moriwaki reported that an Outstanding Community Leadership Award was presented to the City's Community Affairs and Parks Committee at the Washington Association of School District Administrators meeting. The award cited the committee's work in spearheading and leadership in cooperation with the school district on human services programs. The award was accepted on behalf of the Administration and Council. Councilmember Rants reported he will be a member of the South Central School District's Facilities Advisory Committee. MOVED BY DUFFIE, SECONDED BY ROBERTSON, TO ADJOURN TO EXECUTIVE SESSION FOR 30 MINUTES. MOTION CARRIED. ADJOURNMENT MOVED BY DUFFLE, SECONDED BY LAWRENCE, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. X G'LATan Dusen, Mayor J40 E. Cantu, City Clerk