HomeMy WebLinkAbout1987-02-17 Regular MinutesFebruary 17, 1987 (Tuesday) Tukwila City Hall
7:00 P.M. Council Chambers
CALL TO ORDER
and
PLEDGE OF ALLEGIANCE
ROLL CALL
OFFICIALS
REPORTS
Mayor
Council Retreat
CITIZEN'S COMMENTS
Announcement by M.A.
Segale
CONSENT AGENDA
Budget Transfer 87 -01
Budget Transfer 87 -02
TUKWILA CITY COUNCIL
Regular Meeting
M I N U T E S
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; WENDY A. MORGAN, Council
President; EDGAR D. BAUCH; CHARLES E. SIMPSON; MARILYN G.
STOKNES; JAMES J. MCKENNA.
JAMES HANEY, City Attorney; MAXINE ANDERSON, City Clerk;
RICK BEELER, Planning Director.
Mayor Van Dusen read a proclamation declaring February 22
through 28, 1987 as ENGINEER'S WEEK and urging all citizens
to join in celebrating this year's observance under the theme
"Engineers: Turning Ideas into Reality."
Council President Morgan announced that the joint retreat
between Council and Administration will be held March 14 and
15. We are looking forward to a year of cooperation.
Mario Segale, representing M. A. Segale, Inc., announced that
the Marriott Corporation plans to build a hotel on approxi-
mately four acres of the southern end of their property at
the intersection of Strander Blvd. and Andover Park West. The
hotel will be a three story structure. Extensive studies
were done before they acquired the property. In case they
decide not to build, there is a written understanding that
they must sell it back to the Segale family.
a. Approval of Minutes: February 2, 1987
b. Approval of Vouchers
Claims Fund Vouchers #29113 #29280
Current Fund
City Street
Arterial Street
Fire Equip. Cum. Reserve
Land Acq., Bldg., Dev.
Water Fund
Sewer Fund
Water /Sewer Construction
Foster Golf Course
Equipment Rental
Firemen's Pension
46,704.50
51,631.23
88,264.71
253.25
4,010.76
8,554.09
51,215.26
12,909.48
9,685.29
7,215.53
703.04
$281,147.14
c. Budget Transfer No. 87 -01 to increase budget for cost of
water from Seattle and bring total budget in line with
total expenditures.
d. Budget Transfer No. 87 -02 to increase budget for
unbudgeted 57th Ave. side sewers and bring total sewer
budget in line with the actual expenditures.
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TUKWILA CITY COUNCIL, REGULAR MEETING
February 17, 1987
Page 2
CONSENT AGENDA Cont.
PUBLIC HEARING
Appeal of the BAR
decision for Valley
View Estates project
Councilman McKenna
is excused from the
meeting to comply
with the Appearance
of Fairness Doctrine.
e. Administration recommends that Council accept the Tukwila
Park Tennis Court Rehabilitation Project in the amount of
$34,775.61.
MOVED BY MORGAN, SECONDED BY SIMPSON, THAT THE CONSENT AGENDA
BE APPROVED AS SUBMITTED.
Since the Court Reporter has not arrived yet, Mayor Van Dusen
called for a 20 minute recess. (7:20 7:35 p.m.)
Mayor Van Dusen opened the Public Hearing on the appeal of
the BAR decision for the Valley View Estates project. There
is one problem to be resolved before the public hearing con-
tinues and that is the children's play area being located in
the R -1 Zone District.
Joel Haggard, attorney for the applicant, said Council needs
to look at the appeal letters filed by the appellants and
determine if they have stated this as a grounds for the
appeal. If they have not stated it under the TMC, they may
not raise the issue.
Attorney Haney explained that the issue that has been raised
is whether or not the children's play area is a permitted use
for the R -1 zone under the old zoning code. Is this an issue
in the BAR appeal? The appellants, under the TMC, are
required to specify the grounds for appeal. In this particu-
lar case, if the children's play area is improperly located
in an R -1 zone, the City cannot approve the permit in viola-
tion of that code. If it is decided that the children's play
area is not properly located in an R -1 zone, it may require a
redesign of the project. This is a critical issue in deter-
mining whether or not the appeal should go forward. It is a
matter that has to be resolved at some point. Mr. Haney
suggested that he provide a legal opinion on this issue prior
to continuing on with the appeals.
MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PUBLIC HEARING
BE RECESSED TO MONDAY, FEBRUARY 23, 1987, 6:30 P.M.*
Mr. Haggard took an exception to this decision. City staff
rendered the opinion that the children's play area could be
located in the R -1 area of the lot. They have relied on this
opinion. This issue is technically not within the jurisdic-
tion of the BAR. He will provide a written opinion to
Attorney Haney by Friday.
Dennis Robertson, 16038 40th Ave. So., Tukwila, explained
that he and Attorney Kresovich discovered the violation of
the R -1 zone the day before he submitted his appeal letter to
the City. They raised it during the FEIS appeal to make sure
it was discussed.
Attorney Haggard explained that they have been prepared for
this hearing and now there is another delay. Their concern
is, after having relied upon staff, and after having
Attorney Haney admit that it is not a subject of the BAR
jurisdiction, how valid is the delay.
Dharlene West commented that they also relied on staff to
tell them how to go about appealing the EIS and the BAR
review. Staff's recommendation was for them to write a
TUKWILA CITY COUNCIL, REGULAR MEETING
February 17, 1987
Page 3
PUBLIC HEARING Cont.
Appeal of the BAR
decision for Valley
View Estates project
(cont.)
7:55 p.m.
letter saying they were appealing the decision. They were
never told they would have to itemize exactly what they were
appealing. In her letter she mentioned the zone lines and
the validity of using a zone that was not correct.
*MOTION CARRIED TO RECESS TO MONDAY AT 6:30 P.M.
Gary. Van Dusen, Mayor
Anderson Cit Clerk
Maxine y