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HomeMy WebLinkAbout1989-12-18 Regular MinutesDecember 18, 1989 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS CITIZEN'S COMMENTS Jim Haggerton on Relationship Between Planning Commission and Council AMEND AGENDA CONSENT AGENDA Approval of Minutes Approval of Vouchers 1990 C.D.B.G. Project Resolution #1123 TUKWILA CITY COUNCIL Regular Meeting MINUTES yap Tukwila City Hall Council Chambers Mayor Van Dusen called the Regular Meeting of the and Tukwila City Council to order and led the audience in the Pledge of Allegiance. MABEL J. HARRIS; JOE H. DUFFIE; MARILYN G. STOKNES, Council President; EDGAR D. BAUCH, JOAN HERNANDEZ; DENNIS ROBERTSON. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT COUNCILMAN MORIWAKI BE EXCUSED FROM THE MEETING. MOTION CARRIED. JOHN McFARLAND, City Administrator; JOHN COLGROVE, City Attorney; MAXINE ANDERSON, City Clerk; ROSS EARNST, Public Works Director; ALAN DOERSCHEL, Finance Director. RON WALDNER, Chief of Police; RON CAMERON, City Engineer; TOM KEEFE, Fire Chief; PHIL FRASER, Senior Engineer; NICK OLIVAS, Assistant Fire Chief. Jim Haggerton, 15820 43rd Avenue So., Chairman of the Planning Commission, expressed the concerns of the commission regarding what they feel is the deterioration of the systematic procedures between the Council and the Planning Commission in the last year, especially in dealing with the moratorium and sensitive areas issues. MOVED BY BAUCH, SECONDED BY HARRIS THAT ITEMS 6a AND 6b BE FORWARDED TO THE CONSENT AGENDA. MOTION CARRIED. a. Approval of Minutes: 11/06/89, 11/20/89, 12/04/89 b. Approval of Vouchers General Fund $96,208.88 City Street 73,269.62 Arterial Street 284,256.94 Land Acq., Building, Dev. 62,163.12 Water Fund 26,528.84 Sewer Fund 59,267.35 Water /Sewer Construction 185,937.37 Foster Golf Course 7,204.90 Equipment Rental 10,157.83 Firemen's Pension 1,736.43 Water /Sewer Revenue Bonds (404) 112.50 TOTAL $806,843.78 c. Authorize the Mayor to adjust the grant requests for the Public Service Project and the Foster Park Project request to match any new funding request. d. A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, DECLARING AN EMERGENCY FOR REPAIRS ON 42ND AVENUE SOUTH WHERE A SLIDE OCCURRED AT GILLIAM CREEK AND AUTHORIZING $30,000 FOR RODARTE CONSTRUCTION TO COMPLETE REPAIRS WITHIN FOUR WORKING DAYS. Minutes Regular Meeting December 18, 1989 Page 2 CONSENT AGENDA /con't) Ordinance #1547 Ordinance #1548 Award Bid to Signal Electric for S. 180th Street Sperry Intersection Parking Improvement Award Bid to Terry Elliott for Foster Golf Links Restaurant BID AWARD OLD BUSINESS Appeal of SEPA Determin- ation of Nonsignificance for the Draft Sensitive Areas Ordinance. Ordinance #1549 Setting Rate Classifications and Rates for the Storm and Surface Water Utility. e. f. g. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE 1393 AND CHAPTER 16.04 OF THE TUKWILA MUNICIPAL CODE AND ADOPTING THE UNIFORM BUILDING, PLUMBING, ENERGY, MECHANICAL, AND ABATEMENT OF DANGEROUS BUILDINGS CODES WITH AMENDMENTS. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 16.16 OF THE TUKWILA MUNICIPAL CODE TO ADOPT THE 1988 EDITION OF THE UNIFORM FIRE CODE, STANDARDS, AND APPENDICES WITH CERTAIN EXCEPTIONS AND AMENDMENTS, PROVIDING FOR THE REGULATION OF FLAMMABLE LIQUIDS, LIQUIFIED PETROLEUM GASES, EXPLOSIVE STORAGE, AND UNDERGROUND STORAGE TANKS, SETTING A BAIL SCHEDULE FOR OFFENSES UNDER THE UNIFORM FIRE CODE, SETTING A FEE FOR PERMITS REQUIRED BY THE UNIFORM FIRE CODE, PROVIDING PROCEDURES FOR APPEALS AND ESTABLISHING PENALTIES FOR VIOLATIONS. Bid award to Signal Electric in the amount of $262,806.00 for the South 180th Street Sperry Intersection and Parking Improvement. h. Bid award to Terry Elliott for five year concession agreement to operate the Foster Golf Links Restaurant effective January 2, 1990. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY HERNANDEZ, THAT A CONTRACT TO REROOF THE COMMUNITY CENTER BE AWARDED TO ROOF TOPPERS IN THE AMOUNTS OF $24,246.83 FOR ALTERNATE A, AND $19,349.90 FOR ALTERNATE B. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY HARRIS THAT COUNCIL ADOPT THE FINDINGS AND CONCLUSIONS AS STATED IN THE STAFF REPORT AND UPHOLD THE DETERMINATION OF NON SIGNIFICANCE OF THE RESPONSIBLE SEPA OFFICIAL. MOTION CARRIED. Mayor VanDusen confirmed that the appeal is denied. MOVED BY STOKNES, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED WITH DUFFIE VOTING NO. Attorney Colgrove read an Ordinance of the City of Tukwila, Washington, setting rate classifications and rates for the storm and surface water management utility and fixing an effective date. MOVED BY STOKNES, SECONDED BY BAUCH, THAT ORDINANCE NO. 1549 BE ADOPTED AS READ.* Council discussed the new rate structure that was set up to cover the storm and surface water utility and recommended changes to the proposed ordinance. Jim Johnstone, President of the Surface Water Management Citizens Advisory Committee, requested that the committee continue to work with the City to review the rate structure from time to time to look at the rates as opposed to the capital being generated. Minutes Regular Meeting December 18, 1989 Page 3 OLD BUSINESS (con't) Attorney Colgrove commented on a letter he received from Spieker Partners, developers of Southcenter Plaza, in which the firm asked to be excluded from the storm water utility due to mitigating circumstances. Councilwoman Harris stated that she disagreed with including debt service as part of the costs of the construction, reconstruction and improvement of the storm and surface water facilities in that Tukwila does not have any debt service. She feels that the money that is there should be sufficient for upkeep or financing off the construction, reconstruction, operation and maintenance for the storm sewer system. Inclusion of the debt service in the rates is misleading as there are no debt service costs involved at the present time. MOVED BY HERNANDEZ, SECONDED BY HARRIS, THAT PARAGRAPH (a) UNDER THE SECOND WHEREAS CLAUSE BE AMENDED TO READ: THE COSTS, INCLUDING ANY FUTURE DEBT SERVICE AND RELATED FINANCING EXPENSES, OF THE CONSTRUCTION, RECONSTRUCTION AND IMPROVEMENT OF STORM AND SURFACE WATER FACILITIES NECESSARY AND REQUIRED FOR THE HANDLING OF STORM AND SURFACE WATERS WITHIN THE SERVICE AREA, BUT NOT PRESENTLY IN EXISTENCE. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT SECTION 8 OF ORDINANCE #1549 BE AMENDED TO READ: DURING 1990 THE CITY WITH THE HELP OF THE SURFACE WATER MANAGEMENT CITIZENS ADVISORY COMMITTEE WILL DEVELOP A SYSTEM OF RATE CREDITS WHICH WILL REDUCE SERVICE CHARGES APPLICABLE TO ANY PARCEL BASED UPON MITIGATIVE MEASURES TAKEN BY PROPERTY OWNERS WHICH REDUCE THE CITY'S COSTS OF STORM AND SURFACE WATER MANAGEMENT MOVED BY ROBERTSON, SECONDED BY HARRIS, THAT SECTION 8 OF THE PROPOSED AMENDMENT TO ORDINANCE #1549 BE AMENDED TO READ: DURING 1990 THE CITY WITH THE HELP OF THE SURFACE WATER MANAGEMENT CITIZENS ADVISORY COMMITTEE WILL DEVELOP A SYSTEM OF RATE CREDITS WHICH WILL REDUCE SERVICE CHARGES APPLICABLE TO ANY NON- SINGLE FAMILY PARCEL BASED UPON MITIGATIVE MEASURES TAKEN BY PROPERTY OWNERS WHICH REDUCE THE CITY'S COSTS OF STORM AND SURFACE WATER MANAGEMENT. MOTION CARRIED. *MOTION CARRIED. *MOTION CARRIED. Ann Nichols, member of the Surface Water Management Citizens Advisory Committee, commented that the committee stands behind their original rate recommendations. She acknowledged that there are still issues to be clarified and more work to be done in 1990. Ordinance #1550 Attorney Colgrove clarified the meaning of certain sections Establishing of the ordinance. a Moratorium on Development MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance of the City of Tukwila, Washington, clarifying and amending Ordinance No. 1544 establishing a moratorium on development of certain property, declaring an emergency and setting an effective date. Minutes Regular Meeting December 18, 1989 Page 4 OLD BUSINESS (con't) RECESS 8:57 9:05 p.m. Resolution #1124 Relating to the Sensitive Areas Citizens Advisory Committee MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT ORDINANCE NO. 1550 BE ADOPTED AS READ.* MOVED BY ROBERTSON, SECONDED BY HARRIS THAT SECTION 3, PARAGRAPH E, OF ORDINANCE NO. 1550 BE AMENDED TO ADD THE WORDS "EXCEPT THAT UNDER NO CIRCUMSTANCES WILL A NEW APPLICATION FOR A BUILDING PERMIT BE ACCEPTED" AT THE END OF THE LAST SENTENCE. Bob Schofield, developer, and Akiko Shimatsu, representing Matt Mikami, spoke regarding the Mikami project on Southcenter Parkway. Mr. Schofield stated that Mikami has invested $250,000 into the project, which they never would have gone ahead with had they known that it would be affected by the moratorium. Consequently, Mr. Mikami is facing bankruptcy and asks for relief from the Council. MOVED BY HARRIS, SECONDED BY ROBERTSON, THAT THE AMENDMENT TO ORDINANCE NO. 1550 BE AMENDED TO ADD SECTION 3, PARAGRAPH H, WHICH READS: FOR THOSE WHO FEEL THE MORATORIUM ON THEIR PROPERTY IS CREATING AN UNDUE HARDSHIP FOR FINANCIAL, PERSONAL, OR OTHER REASONS, THEY MAY PETITION IN WRITING TO THE CITY COUNCIL. A DATE FOR THE COUNCIL TO HEAR THAT PETITION WILL BE SET BY THE COUNCIL PRESIDENT. IN CONSIDERING THE PETITION, THE COUNCIL WILL BEAR IN MIND THE INTENT OF THE MORATORIUM; THE BEST INTERESTS OF THE CITY WEIGHED AGAINST THE INTERESTS OF THE INDIVIDUAL; THE CIRCUMSTANCES AND HARDSHIP CAUSED BY THE MORATORIUM; AND THE DAMAGE THAT COULD RESULT FROM STRICT ADHERENCE TO THE MORATORIUM. MOTION CARRIED WITH DUFFIE VOTING NO. *MOTION CARRIED WITH DUFFIE VOTING NO. Catherine Harris, resident, 5610 So. 141st St., commented that she felt the appeal of the moratorium would be more appropriately heard by the Board of Adjustment than the Council because the Council passed the ordinance. She suggested establishing standards to apply to the appeals of the moratorium. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT SECTION 3, PARAGRAPH H, BE MOVED TO SECTION 3 AND INSERTED AS PARAGRAPH E. Councilman Robertson explained that his intention was to allow the appeals process for only those properties that actually had permits pending or in process when the moratorium was passed. *MOTION CARRIED. *MOTION CARRIED AS AMENDED WITH DUFFIE VOTING NO. Mayor VanDusen called a brief recess. The meeting was resumed with Councilmembers present as listed above. yoy MOVED BY HARRIS, SECONDED BY HERNANDEZ, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Mayor VanDusen read a Resolution of the City of Tukwila, Washington, amending Resolution No. 1121 to add more citizen representation to the Sensitive Areas Advisory Committee. Minutes Regular Meeting December 18, 1989 Page 5 NEW BUSINESS (con't) NEW BUSINESS Authorize Mayor to Sign Agreement for Improve- ments to 58th Ave. So, and So. 168th Street. Authorize Mayor to Sign Contract for Street Evalu- ation and 1990 Overlay Design and Plans. Authorize Mayor to Sign and Accept Two Easements on Longacres Way. Authorize Mayor to Sign Contract for Klickitat I -5 Ramp Improvements. AMEND AGENDA MOVED BY DUFFIE, SECONDED BY HARRIS, THAT RESOLUTION NO. 1124 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, THAT MARILYN STOKNES BE APPOINTED AS A REPRESENTATIVE TO THE SENSITIVE AREAS ADVISORY COMMITTEE. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY HARRIS THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT FOR IMPROVEMENT ON 58TH AVENUE SOUTH AND SOUTH 168TH STREET.* Attorney Colgrove explained that clarifying language was added to the second paragraph to satisfy the developer, Spieker Partners, that they are not binding themselves to the improvements if they do not get building permits and processing of their development. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE MAYOR BE AUTHORIZED TO SIGN A CONTRACT WITH INCA ENGINEERS FOR STREET EVALUATION AND 1990 OVERLAY DESIGN AND PLANS. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE MAYOR BE AUTHORIZED TO SIGN AND ACCEPT TWO EASEMENTS ON LONGACRES WAY FOR PUBLIC DRAINAGE IMPROVEMENTS.* Ross Earnst, Public Works Director, commented that the only commitment on the City's part in accepting the easements was that Puget Power had requested approximately $700 in processing fees. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE MAYOR BE AUTHORIZED TO SIGN A CONTRACT WITH REID MIDDLETON ENGINEERS FOR KLICKITAT AND I -5 RAMP IMPROVEMENTS. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY HARRIS, THAT ITEM 8F BE MOVED AHEAD OF ITEM 8E. MOTION CARRIED. Ordinance No. 1551 Imposing MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED an Additional Sales Tax ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance of the City of Tukwila, Washington, imposing an additional sales or use tax pursuant to RCW 82.14.020, fixing the rate of the tax, providing for the administration and collection thereof, consenting to the inspection of records, providing penalties for the violation thereof, repealing Ordinance No. 1399, and establishing an effective date. MOVED BY HARRIS, SECONDED BY STOKNES THAT ORDINANCE NO. 1551 BE ADOPTED AS READ.* Councilman Bauch pointed out that this is not an additional tax. With the repeal of Ordinance No. 1399, the half -cent sales tax is reallocated. *MOTION CARRIED. Minutes Regular Meeting December 18, 1989 Page 6 NEW BUSINESS tcon't1 Resolution No. 1125 Granting a Cost -of- Living Adjustment to Non Represented Employees. Ordinance No.1552 Adopting the 1990 Budget. REPORTS MOVED BY HARRIS, SECONDED BY STOKNES, THAT RESOLUTION NO. 1125 BE ADOPTED AS READ.* MOVED BY DUFFIE, SECONDED BY STOKNES, 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, granting a cost -of- living adjustment to nonrepresented employees of the City, and amending and consolidating the nonrepresented employees salary schedules contained in Appendice "A" of Resolution No. 1098; and amending Appendice "B" of Resolution No. 1041 for nonrepresented employee benefits. Finance Director Alan Doerschel noted that Attachment "B Unrepresented Employee Benefits, is not referred to in any section. He recommended Section 3 be amended to read: Section 3. Repeal of Previous Schedules. Previously adopted salary schedules, as contained in Appendix "A" of Resolution No. 1098 and Appendix "B" of Resolution No. 1041 are hereby repealed. Mr. Doerschel also recommended that a new section be added as follows: Section 5. Unrepresented Employee Benefits. The benefits of unrepresented employees attached hereto as Appendix "B" shall be approved. MOVED BY ROBERTSON, SECONDED BY STOKNES, THAT RESOLUTION NO. 1125 BE AMENDED AS READ. Councilwoman Harris asked Mr. Doerschel if the benefits of represented and non represented employees were the same. Mr. Doerschel briefly outlined the differences. *MOTION CARRIED. *MOTION CARRIED AS AMENDED. MOVED BY STOKNES, 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, adopting the annual budget of the City of Tukwila for the fiscal year 1990. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1552 BE ADOPTED AS READ.* Mr. Doerschel pointed out that the items marked with asterisks were those that had not received full Council approval prior to this time. He proceeded to review the items individually. *MOTION CARRIED. Mayor VanDusen presented the 1989 Vocational Service Award from the Southcenter Rotary Award to Councilman Duffie in recognition of his professional performance and exemplary dedication to the Rotarian model. Mayor VanDusen declared January 8 as "Crazy Tie Day Minutes Regular Meeting December 18, 1989 Page 7 ADJOURNMENT 9:51 p.m. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. Gar L. Van Dusen, Mayor Jf1W Cantu, Deputy City Clerk Oil 40