Loading...
HomeMy WebLinkAbout1989-12-04 Regular MinutesDecember 4, 1989 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS SPECIAL AWARDS 1989 Business Leader Awards SPECIAL PRESENTATIONS Dan Graves, King County Animal Control CITIZEN'S COMMENTS Guy Spencer on the Moratorium Milton Smith on the Moratorium TUKWILA CITY COUNCIL Regular Meeting MINUTES O 3 F Sx Tukwila City Hall Council Chambers Council President Stoknes called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE H. DUFFLE; MARILYN G. STOKNES, Council President; EDGAR D. BAUCH, JOAN HERNANDEZ; DENNIS ROBERTSON; CLARENCE MORIWAKI. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT COUNCILWOMAN HARRIS BE EXCUSED FROM THE MEETING. MOTION CARRIED. JOHN McFARLAND, City Administrator; JOHN COLGROVE, City Attorney; LARRY HARD, City Attorney; MAXINE ANDERSON, City Clerk; ROSS EARNST, Public Works Director; RICK BEELER, Director of Community Development; RON WALDNER, Chief of Police; TOM KEEFE, Fire Chief; ALAN DOERSCHEL, Finance Director; RON CAMERON, City Engineer; PHIL FRASER, Senior Engineer. On behalf of Mayor VanDusen, Council President Stoknes presented the 1989 City of Tukwila Business Leader Awards to the Double Tree Suites Hotel, Richard Seraka, General Manager, for exceptional contributions to the community in promoting the Ronald McDonald House and for being an active business citizen; and to Michael and Dave Tullis, the Boardwalk Restaurant, for exceptional contributions in promoting the City of Tukwila and for being active members of the business community Dan Graves, King County Animal Control, explained that one of their goals was to meet the increasing needs of animal control services in Tukwila. Currently, King County provides services to Tukwila through an interlocal agreement which includes 24 hour a day emergency service for injured animals and loose livestock. Mr. Graves stated that their offices will continue to give Tukwila the best possible service. Guy Spencer, 1200 So. 192nd Street, Suite 102, Seattle. Mr. Spencer's company has had a project in the works for over a year. The City issued a Determination of Significance in May. Mr. Spencer states that it is his understanding that the moratorium will not allow the EIS process to proceed until the end of the moratorium. Mr. Spencer urges the Council to allow his company to proceed with its project. Mr. Smith introduced himself as a representative for Elmer White of Wallace Enterprises. Mr.. White's partnership is trying to develop 10 acres of land and the process was begun over 18 months ago. Mr. White reported that he was told by the Planning Department that because of the moratorium going into effect he was one day short of having a grading permit issued. It is Mr. Smith's opinion that a grading permit should be treated like a building permit because the two work in conjunction with each other. He urges the council to clarify the ordinance by treating grading permits and building permits in the same manner He feels that if there has been substantial completion of a project, as in Mr. White's case, the moratorium should not apply. REGULAR MEETING MINUTES Page 2 December 4, 1989 Diane Evergreen on Domestic Abuse Women's Network Richard Machler on Human Services Round Table Special Program CONSENT AGENDA BID AWARD Remodel of Foster Fire Station #54 PUBLIC HEARING Street Vacation Portion of East Marginal Way Lying North of Tax Lot #198 o 3 87 Ms. Evergreen, Executive Director of D.A.W.N., P.O. Box 1521, Kent, WA., asked the council to support D.A.W.N.'s request for $8,000 from the Tukwila 1990 budget to support their services to battered women. Services by D.A.W.N. are: a 24 hour crisis line; legal services; safe homes that provide shelter on a short term basis; community education; and support groups where women can meet and explore their options. She added that childcare is provided free of charge for all services. D.A.W.N. is the only agency in South King County that provides this type of service and 90% of the people serviced are low income. Richard Machler, representative from the Human Services Roundtable, 1220 Smith Tower, Seattle, reported that the Roundtable has worked successfully to put into place a new county -wide Child and Family Resources and Referral agency. Main services to be provided by the agency are: phone lines to match children's needs with providers, services to childcare providers, employer paid childcare services, and data for local governments. Mr. Machler continued that King County is absorbing the start up cost of the program. For each dollar that another agency contributes to the program, King County will contribute an additional fifty cents, so by approving the requested $5,000 from the Tukwila budget, the actual benefit to the program will be $7,500. a. Approval of Vouchers General Fund $62,361.63 City Street 124,408.97 Arterial Street 26,425.43 Land Acq., Building, Dev. 5,146.25 Water Fund 8,349.30 Sewer Fund 2,158.97 Water /Sewer Construction 15,391.80 Foster Golf Course 58,648.99 Equipment Rental 13,443.02 Firemen's Pension 939.60 TOTAL $317,273.96 MOVED BY MORIWAKI, SECONDED BY DUFFLE, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE REMODEL OF FOSTER FIRE STATION #54 BE AWARDED TO JOHN KORSMO CONSTRUCTION, INC., IN THE AMOUNT OF $283,647.* Councilman Robertson inquired if this had been reviewed by the Finance and Safety Committee and was told that it had. *MOTION CARRIED. Ross Earnst, Public Works Director, reported that the street vacation request for a portion that is a wide spot on East Marginal Way just south of the Boeing access road. Public Works is reviewing the design of the intersection and will prepare their recommendations based on what is necessary for the intersection. Council President Stoknes opened the Public Hearing at 8:08 p.m. REGULAR MEETING MINUTES Page 3 December 4, 1989 PUBLIC HEARINGS (con't) PUBLIC HEARING Final Assessment Roll LID #32 Sanitary Sewer Extension Ordinance No. 1545 Approving and Confirming Final Assessments and Assessment Roll of Local Improvement District No. 32 RECESS 8:25 8:30 p.m. 0 3 qo Scott Traverso, 11025 SE 60th, Renton, represented the family requesting the vacation. Mr. Traverso feels that the traffic pattern will not be harmed by vacating the requested portion because the traffic pattern is set back from 112th Street. Bob Mackin, attorney, 5302, So. Alaskan Way, Seattle, spoke in behalf of McConkey Development Company who owns all the property bordering 112th to the Boeing Access Road. They support the applicants in their request. Council President Stoknes closed the Public Hearing at 8:14 p.m. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT THE REQUEST FOR VACATION OF A PORTION OF EAST MARGINAL WAY LYING NORTH OF TAX LOT NO. 198 BE REFERRED TO THE TRANSPORTATION COMMITTEE. MOTION CARRIED. Council President Stoknes declared the Public Hearing open at 8:14 p.m. Don Williams, Fujiki Co., consultant for the City on LID #32, reported to the Council that the final assessment roll represented the actual costs of the work performed. James Lema, Washington Appraisal Services, spoke briefly on the LID issue and entered a copy of the Special Benefit Study into the record. Bob Schofield, 4212 Hunts Point Road, Bellevue, is a lessee of two properties on Southcenter Parkway. He acknowledged that the job involved working with difficult soils conditions. He thanked Ross Earnst and Phil Fraser of the Public Works Department for doing a good job on a very tough project. Council President Stoknes closed the Public Hearing at 8:20 p.m. MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an ordinance of the City of Tukwila, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 32 which has been created and established for the purpose of improvement of property within the City of Tukwila, Washington, along portions of Southcenter Parkway between Minkler Boulevard and Strander Boulevard by construction of a sanitary sewer main line, as provided by Ordinance No. 1455 and levying and assessing the amount thereof against the several lots, tracts, parcels of land and other property shown on the roll. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT ORDINANCE NO. 1545 BE ADOPTED AS READ. MOTION CARRIED. At the request of Councilman Robertson, a five minute recess was called. Council President Stoknes called the meeting back to order at 8:30 p.m. with councilmembers present as listed above. REGULAR MEETING MINUTES Page 4 December 4, 1989 PUBLIC HEARING Appeal of SEPA Determin- ation of Nonsignificance for the Draft Sensitive Areas Ordinance 0391 Council President Stoknes declared the Public Hearing open at 8:25 p.m. Attorney Colgrove provided clarification to the Council on the procedures called for in the TMC regarding this type of appeal. In addition, he swore in en masse all persons intending to testify at the Public Hearing. M. Catherine Harris, 5610 So. 151st Street, representing herself and Louise Strander, appellants, read a statement which stated, in part, that they did not believe they could obtain a fair appeal because the Council who was hearing the appeal was made up of members who sponsored the proposed Sensitive Areas Ordinance upon which the DNS is based. She noted a citizen's protest over Councilman Moriwaki's testimony at the Planning Commission's Public Hearing on the Sensitive Areas Ordinance in November. Further, Ms. Harris stated that it was unfair that the appeal was scheduled at a regular meeting of the City Council with an extensive agenda. She also objected that neither the City's SEPA Ordinance nor TMC, Chapter 21, provides for the procedures for conducting and appeal. Ms. Harris noted that certain documents appeared to be prejudicial to the appellants. She questioned the procedure of opening the hearing to an at -large audience for participation. Lastly, Ms. Harris stated that a 10 day appeal period is unreasonably short. The appellants request the Council to reschedule the hearing before an independent governmental body or official. Attorney Colgrove responded that the appellants' main objectives appear to be the procedures and timeframes. Councilman Robertson, clarified several legal issues with the City Attorney. John Colgrove responded that there is another level of appeal available to the appellants, from the City to the courts. Ms. Harris continued that they base their appeal on the following items: that there appeared to be differences between the documents that were available for distribution and those Mrs. Strander collected; that the Council could have chosen to hold a Public Hearing or discussion on the DNS; that the draft SAO did not have an ad -hoc citizens' committee to assist in the formulation of the proposal; that the Wetlands study was not included in the study given to Mrs. Strander. The following exhibits were entered into the record: Exhibit A, written copy of verbal statement regarding the Hearing of Appeals of Determination of Non Significance of Draft Sensitive Areas Ordinance dated October 25, 1989; Exhibit B, written copy of verbal testimony of appeal, dated December 4, 1989; Exhibit C, original statement regarding the Hearing of Appeals of Determination of Non Significance of Draft Sensitive Areas Ordinance, dated October 25, 1989, original of verbal testimony of appeal, copy of the Determination of Non Significance dated October 25, 1989, Sensitive Areas Slopes Map, copy of Title 21 Environmental Regulations, copy of Sensitive Areas Ordinance Findings and Conclusion dated November 30, 1989; Sensitive Areas Report dated November 3, 1989. John Welch, 2700 So. 133rd Street, Seattle, told the Council that he feels the Sensitive Areas Ordinance is not nonsignificant as it effects housing, commercial and industrial building. It is his opinion that the SAO is in direct conflict with the present Comprehensive Plan. Jeanette Burage, Northwest Legal Foundation, discussed possible legal consequences for not having an Environmental Impact Statement. REGULAR MEETING MINUTES Page 5 December 4, 1989 PUBLIC HEARING (con'tl PUBLIC HEARING 1990 Budget NEW BUSINESS Ordinance No. 1546 Levying General Taxes for the City of Tukwila for the Fiscal Year Commencing January 1, 1990. Resolution No. 1122 Accepting the Donation of Certain Real Property to the City by Barnard O. Wilcox and Ida Chandler Wilcox a g.„2, Rick Beeler, Director of the Department of Community Development and the Responsible SEPA Official, commented that he was constrained by SEPA and TMC 21.04 to review the data that they had on the Sensitive Areas Ordinance, the checklist, and supportive evidence, to the threshold determination of whether or not the SAO would probably cause a significant adverse environmental impact. Information that was available to him at that time led him to believe it would not cause that impact. Based on that information, Mr. Beeler recommends that the appeal be denied. The following exhibits were entered into the record: Exhibit D, Staff Reports with attachments A -E; Exhibit E, Draft Sensitive Areas Ordinance. Council President Stoknes closed the Public Hearing at 10:33 p.m. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT 11 EM 9C BE MOVED BELOW ITEM 10B FOR DISCUSSION AND DECISION. Councilman Robertson stated that he would like a week to review the written material. Councilman Moriwaki informed the Council that this is a quasi-judicial issue and cannot be discussed between councilmembers. *MOTION FAILED. MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT THE DECISION ON ITEM 9C BE FORWARDED TO THE REGULAR MEETING ON DECEMBER 18, 1989. MOTION CARRIED WITH BAUCH VOTING NO. Council President Stoknes opened the public hearing on the Proposed 1990 Budget at 10:37 p.m. Receiving no comments from the audience, Council President Stoknes closed the public hearing at 10:38 p.m. MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an ordinance of the City of Tukwila, Washington, levying the general taxes for the City of Tukwila in King County for the fiscal year commencing January 1, 1990, on all property, both real and personal, in said City which is subject to taxation for the purpose of paying sufficient revenue to carry the several departments of said City for the ensuing year as required by law. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT ORDINANCE NO. 1546 BE ADOPTED AS READ. MOTION CARRIED. 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 of Tukwila, Washington, accepting the donation of certain real property to the City by Barnard O. Wilcox and Ida Chandler Wilcox, husband and wife, and authorizing the Mayor to accept the donation on behalf of the City. REGULAR MEETING MINUTES Page 6 December 4, 1989 NEW BUSINESS (con't) Emergency Repair of a Section of Roadway Between 154th and SR518 MISCELLANEOUS Animal Control EXECUTIVE SESSION 11:00 p.m. ADJOURNMENT 11:45 p.m. 0 3 MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT RESOLUTION NO. 1122 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY MORIWAKI, THAT EMERGENCY DEALING WITH THE REPAIR OF THE SECTION OF ROADWAY BETWEEN 154TH AND SR518 BE CONSIDERED AT THIS TIME MOTION CARRIED. Public Works Director Ross Earnst explained that there had been a slide has undermined the paved shoulder of the east side of 42nd Avenue South where it crosses over Gilliam Creek. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE ADMINISTRATION TAKE APPROPRIATE MEASURES TO HIRE A CONTRACTOR FOR THE REPAIR OF THE SECTION OF ROADWAY BETWEEN 154TH AND SR518. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT THE ISSUE OF ANIMAL CONTROL BE REFERRED TO THE COMMUNITY AFFAIRS AND PARKS COMMITTEE. MOTION CARRIED. It was the consensus of the Council to forward the Budget Review to a Special Meeting on December 7 at 6 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT COUNCIL MOVE TO EXECUTIVE SESSION.* MOVED BY BAUCH, SECONDED BY DUFFIE, THAT NEW COUNCIL MEMBERS A I'END EXECUTIVE SESSION. MOTION CARRIED. *MOTION CARRIED. MOVED AND SECONDED THAT THE MEETING BE ADJOURNED. MOTION CARRIED. Marilyn Sto e Cantu, I es, Mayor ro em Deputy City Clerk