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HomeMy WebLinkAbout1989-08-07 Regular MinutesAugust 7, 1989 7:00 P.M. CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS CONSENT AGENDA BID AWARDS Interurban Ave. So. from 52nd Ave. So. to So. 139th North Hill Reservoir and Pump Station, Phase II TUKWILA CITY COUNCIL Regular Meeting M I N U T E S Tukwila City Hall Council Chambers Mayor Mayor Van Dusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. MABEL J. HARRIS; JOE H. DUFFIE; MARILYN STOKNES, Council President; EDGAR D. BAUCH; JOAN HERNANDEZ; CLARENCE MORIWAKI. MOVED BY MORIWAKI, SECONDED BY STOKNES, THAT COUNCIL MEMBER ROBERTSON BE EXCUSED FROM THE MEETING. MOTION CARRIED. JOHN COLGROVE, City Attorney; MAXINE ANDERSON, City Clerk; RICK BEELER, Planning Director; ALAN DOERSCHEL, Finance Director; ROSS EARNST, Public Works Director. a. Approval of Vouchers Claims Fund Vouchers #40250 General Fund City Street Arterial Street Land Acq., Building Water Fund Sewer Fund Foster Golf Course Equipment Rental #40491 $105,937.30 73,817.91 78,004.82 2,036.27 24,022.76 56,531.88 2,285.64 77,793.61 $420,430.19 MOVED BY DUFFIE, SECONDED BY BAUCH, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT COUNCIL ACCEPT THE BID OF GARY MERLINO CONSTRUCTION IN THE AMOUNT OF $565,199.35 FOR THE INTERURBAN AVENUE ROADWAY IMPROVEMENT PROJECT. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT COUNCIL ACCEPT THE BID OF SKAAR CONSTRUCTION, INC., IN THE AMOUNT OF $2,517,000 FOR THE CONSTRUCTION OF THE NORTH HILL RESERVOIR AND PUMP STATION, PHASE II.* Alan Doerschel, Finance Director, explained that the City borrowed $3.6 million in December, 1986. We have three years to spend that money without penalty or restriction. If this project is abandoned, the oldest of the bonds will have to be redeemed. This would reflect poorly on the City. Council Member Moriwaki explained why the new reservoir is necessary. We are presently being billed a demand metering charge by Seattle Water Department. This is approximately $40,000 per year and will continue to increase. This water would be the reserve water if a major fire were to occur; it would be used if the service from Seattle was interrupted, and the pumps installed with this system would help increase the water pressure on the hill. The cost is increased because of the rock on the site. The explosion of the rock was deemed unsatisfactory. Council member Moriwaki reviewed a memo submitted by Council Member Robertson discussing the cost of the project. He states that the City needs pumps, not the reservoir. X 3 /8 TUKWILA CITY COUNCIL, REGULAR MEETING August 7, 1989 Page 2 BID AWARDS Cont. North Hill Reservoir and Pump Station, Phase II (cont.) Ordinance #1525 Amending 1989 Budget to provide bond pro- ceeds and increased expenditures for completion of water reservoir PUBLIC HEARINGS Vacation of a portion of 35th Ave. So. from So. 124th to end of 35th Ave. So. travel- ling north C 3 Council Member Bauch said the talk of a reservoir has been going on for a long time. The rate payers need to buy a reservoir. Council Member Duffie commented that the City does need a reservoir. The people on the hill need better water pressure. Council Member Harris said we still need a reserve water supply if we are going to be a water district. Each year the construction gets more expensive. We need action, not talk. Ross Earnst, Public Words Director, explained that they decided to put in 16" line to take the water from the reservoir down to the valley if it were needed quickly. This was based on fine flows. The 16" is oversized for just a pump station. The reservoir is needed for three reasons: (1) To equalize the amount of water to avoid the demand charge; (2) To provide water for every customer in case we lose the supply from Seattle; (3) Fire flow. *MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY STOKNES, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Colgrove read an ordinance of the City of Tukwila, Wash., amending the 1989 Budget adopted by Ordinance No. 1493, providing bond proceeds and increased expenditures in the water /sewer construction fund for completion of water reservoir, and establishing an effective date. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1525 BE ADOPTED AS READ. MOTION CARRIED. Mayor Van Dusen declared the Public Hearing open on the request from Sabey Corporation and Inco Express to vacate the portion of 35th Avenue So. generally lying north of South 134th from South 124th to the end of 35th Avenue So. tra- velling north. Mr. Phil Talmadge, representing Inco Express, explained that Inco Express and Sabey Corp. are jointly petitioning the City for this vacation. Inco owns lots 9 through 15 and Mr. De Patro owns lot 16 on the east. On the west side of 35th is Sabey Corporation. He asked that the street vacation occur without any cost or compensation. In 1985 -86 King County issued a commercial building permit with certain conditions to Sabey. The County required that landscaping occur, that a firelane be provided -this was a defacto vacation of the street. It was done without notice to Inco. There was flooding onto Inco property as a result of the blacktopping that occurred. All of this caused problems between all parties involved. This went on for a long period of time without significant action by the County. Finally in February, 1989, the King County Prosecutor said that the County would proceed with a vacation of 35th Ave. South. The County agreed, in writing, that this would be done without cost to Inco. They are asking that Tukwila waive the compen- sation because the County promised that this street vacation would occur without compensation. Council Member Harris asked if Inco is going to dedicate the south 10 feet of lot 9 to the City. TUKWILA CITY COUNCIL, REGULAR MEETING August 7, 1989 Page 3 PUBLIC HEARINGS Cont. Vacation of a portion of 35th Ave. So. from So. 124th to end of 35th Ave. So. travel- ling north (cont.) Annexation of 5 houses located at 53rd Ave. So. and So. 139th (Foster Island) Ordinance #1526 Annexing an unincor- porated island of territory at So. 139th and 53rd Ave. So. OLD BUSINESS Ordinance #1527 Rezoning certain real property located at 14915 57th Ave. So. (Tukwila Junction) Mr. Talmadge said this is not something connected with the vacation of 35th So. and could be taken up separately. There being no further testimony from the audience, Mayor Van Dusen closed the Public Hearing. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE STREET VACATION ORDINANCE BE ON THE AGENDA FOR THE NEXT REGULAR MEETING. MOTION CARRIED. Mayor Van Dusen declared the Public Hearing open on the pro- posed annexation of five houses located at approximately 53rd Ave. So. and South 139th, across from Foster Park. The area under discussion should have been included in the 1989 Foster Annexation, but due to an error by the Boundary Review Board, the area was omitted. Steve Ormiston, 13726 53rd Ave. So., spoke in opposition to the annexation. This is just another bureaucracy to deal with. George Thornton, 13738 53rd Ave. So., said he built his house there in 1959 and has seen a lot of changes. He is opposed to annexation. There being no further comments, the Public Hearing was closed. MOVED BY MORIWAKI, SECONDED BY STOKNES, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Colgrove read an ordinance of the City of Tukwila, Wash., enacted pursuant to RCW 35A.14, annexing an unincorporated island of territory within the City, con- taining approximately three acres and located generally at South 139th Street and 53rd Avenue South, and fixing the effective date of annexation. MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT ORDINANCE NO. 1526 BE ADOPTED AS READ.* Mayor Van Dusen read a letter from James Tracy, Director of Parks, Planning and Research Department, supporting this annexation in the interest of efficient service delivery. Helen Thornton, 13738 53rd Ave. So., explained that arguing on this annexation started before 1959 and has been going on since; it has to stop. May be with annexation it will stop. When they were not allowed to vote on annexation, it added fuel to the fire. People's feelings were hurt. They were denied the right to vote. *MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY STOKNES, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Colgrove read an ordinance of the City of Tukwila, Wash., rezoning certain real property located at 14915 57th Avenue South from R -1 -12.0 to R -1 -7.2 and pro- viding for an effective date. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT ORDINANCE NO. 1527 BE ADOPTED AS READ.* TUKWILA CITY COUNCIL, REGULAR MEETING August 7, 1989 Page 4 OLD BUSINESS Cont. Ordinance #1527 Rezoning certain real property located at 14915 57th Ave. So. (Tukwila Junction) Proposed Ordinance- MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE PROPOSED Changing the zoning ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. designation of property located at 4625 So. City Attorney Colgrove read an ordinance of the City of 134th and 4535 So. Tukwila, Wash., changing the zoning designation of certain 135th (Halvorson) real property located at 4625 South 134th Street and 4535 South 135th Street from R -1 -7.2 to M -1, and providing for an effective date. Amend Agenda NEW BUSINESS Budget Transfer #89 -06 Funding for staff at Golf Course Interlocal Agreement with King Co. for maint. operation of the 16th Ave. Bridge to authorize the Mayor to execute an electrical repair agreement MOTION CARRIED WITH HARRIS VOTING NO. l Council Member Moriwaki stated he would not vote on this ordinance as he has been in contact with the owner of one of the houses and there is a possibility he may rent from them. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Council Member Bauch spoke in opposition to the ordinance. At the public hearing it was obvious that the people in the area did not want this. The proposed zoning has only been in the Comp. Plan for about three months, and there is no reason to change it now. Council Member Harris agreed with Mr. Bauch. The people in the area want it to be R- 1 -7.2. Council Member Moriwaki concurred. One of the primary reasons the City Council supported the annexations was to increase the single family residential density of the com- munity, and this would be taking away from that objective. There are nice homes in that area, and it would be sad to see them destroyed just for quick profit. *MOTION FAILED. Mayor Van Dusen asked to have the next item, Review of the draft blanket permit system, moved to Miscellaneous. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THIS ITEM BE MOVED TO MISCELLANEOUS. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY STOKNES, THAT BUDGET TRANSFER MOTION NO. 89 -06, PROVIDING FUNDING FOR SALARIES FOR NEW STAFF AT FOSTER GOLF LINKS. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY BAUCH, THAT THE MAYOR BE AUTHORIZED TO SIGN THE INTERLOCAL AGREEMENT WITH KING COUNTY FOR MAINTENANCE AND OPERATION OF THE 16TH AVENUE BRIDGE AND TO EXECUTE AN ELECTRICAL REPAIR AGREEMENT.* Mayor Van Dusen explained that they are waiting for some new language to be added to the agreement on overhead costs. Ross Earnst, Public Works Director, explained that the City is agreeing to pay one -half the cost of the maintenance and operation of the 16th Avenue Bridge. It is estimated to be about $250,000 per year. The City is proposing to King County that the overhead be limited to the level of the County Road Engineer. The City Attorney has reworded the indemnification clause on page 7. Mayor Van Dusen said the changes to the agreement are not available at this time. He postponed consideration for two weeks. TUKWILA CITY COUNCIL, REGULAR MEETING August 7, 1989 Page 5 NEW BUSINESS Auth. Mayor to execute electrical repair agreement (cont.) Ordinance #1528 Requiring the installation of automatic fire alarm systems in new and existing buildings REPORTS Building Permits MISCELLANEOUS The electrical repair agreement is ready to be executed. It is for $10,000. MOVED BY BAUCH, SECONDED BY HARRIS, THAT THE MOTION BE AMENDED TO INCLUDE ONLY APPROVAL OF THE ELECTRICAL REPAIR AGREEMENT. MOTION CARRIED. *MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY STOKNES, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Colgrove read an ordinance of the City of Tukwila, Wash., requiring the installation of automatic fire alarm systems in new and existing buildings and establishing minimum requirements for fire protection systems in buildings within the City of Tukwila used for assembly, educational, industrial, institutional, mercantile, storage, office, and multi- family dwellings, and repealing Ordinance Nos. 1141, 1199, and 1327 in their entirety, and establishing an effec- tive date. MOVED BY MORIWAKI, SECONDED BY HERNANDEZ, THAT ORDINANCE NO. 1528 BE ADOPTED AS READ. MOTION CARRIED. Rick Beeler, Planning Director, reported on Building Permit applications. The Bon Marche in Southcenter has been issued a permit for an atrium. With this they are doing almost a total remodel of the store. The Boeing Credit Union Building, South 133rd and Interurban is in the office for review. Construction should start in another month. The south wall for one of the retail buildings on the pond property has been constructed. Along with the brick wall is a rock wall with wire mesh stretched over it. Apparently the weight of this has changed the underground drainage so now instead of having a 13' elevation of the pond, it is up to 14'9 This was unexpected. The elevation is now at the outfall. Before construction began the wall was 25' from the edge of the pond. The edge has now moved up to about 6' from the wall. The permit for Burger King is in its final review. It will be located on the Andover West side of the pond development. Ordinance #1529- MOVED BY DUFFIE, SECONDED BY STOKNES, THAT THE PROPOSED Providing for issuance ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. administration of Blanket Tenant Improvement Building Permits City Attorney Colgrove read an ordinance of the City of Tukwila, Wash., providing for the issuance and administration of blanket tenant improvement building permits for qualifying applicants and projects and providing for fees therefor; and establishing an effective date. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT ORDINANCE NO. 1529 BE ADOPTED AS READ.* MOVED BY MORIWAKI, SECONDED BY STOKNES, THAT THE ORDINANCE BE AMENDED BY ADDING "TENANT IMPROVEMENT" IN THE TITLE SO IT READS "BLANKET TENANT IMPROVEMENT BUILDING PERMITS." MOTION CARRIED WITH DUFFIE VOTING NO. Council Member Moriwaki explained that there should be some written document that outlines what the determination of policies and procedures are and they should be in ordinance form. TUKWILA CITY COUNCIL, REGULAR MEETING August 7, 1989 Page 6 MISCELLANEOUS Cont. Ordinance #1529 Providing for issuance administration of Blanket Tenant Improvement Building Permits (cont.) ADJOURNMENT 9:17 p.m. He disagrees with this policy; it is unwise and wrong that an average individual has to go through the permit process to get their work done, but under this ordinance we would allow certain corporations the ability to build first and be accepted later. Laws should apply equally to all. He noted two recent articles from the newspaper where buildings were not inspected until after construction. Violations to State Codes were discovered after construction was complete and the work had to be corrected. We are going to allow people to build projects but not have review. We would not allow our residents to do this. He wants "tenant improvements" included to clarify the type of permits. He asked to have the ordinance worded so that no work will be done for any tenant improvement that effects or modifies the structural integrity of the building. Rick Beeler explained that maybe there should be something that makes it more clear that is for trial basis only. The benefit is that the contractor can start work at their own risk. Basically we are talking about non structural construction. George Hartong, City Attorney, explained that the policy is created for any person that meets the criteria. They can take advantage of this new administrative policy. It is not special legislation. It is not created for a few corporations. None of the requirements of the building code are eliminated. The builder must comply with everything. Only the sequence is changed. It is possible to do some work before the permit is obtained. The applicant must get a permit, no inspections are waived, all requirements must be met. This policy does not sacrifice fire life safety or any of the requirements of the UBC or UFC. *MOTION CARRIED WITH MORIWAKI VOTING NO. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. 4 G0 L. Va'n Dusen, Mayor Maxine 'Anderson, City Clerk