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HomeMy WebLinkAbout1994-08-22 Special MinutesAugust 22, 1994 7:00 p.m. CALL TO ORDER ROLL CALL Ekberg, DeRodas Excused OFFICIALS SPECIAL PRESENTATION Oath of Office Chamber of Commerce CITIZEN COMMENTS CONSENT AGENDA TUKWILA CITY COUNCIL SPECIAL MEETING MINUTES Mayor Rants called the Regular Meeting to order and led the audience in the Pledge of Allegiance. Tukwila City Hall Council Chambers JOE DUFFIE; JOAN HERNANDEZ; STEVE MULLET, Council President; DENNIS ROBERTSON; JOYCE CRAFT. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO EXCUSE COUNCILMEMBERS EKBERG AND DeRODAS. MOTION CARRIED JOHN McFARLAND, City Administrator; RICK BEELER, DCD Director; RON CAMERON, City Engineer; ROSS EARNST, Public Works Director; KEITH HAINES, Asst. Chief of Police; ANN SIEGENTHALER, Associate Planner; LUCY LAUTERBACH, Council Analyst. Mayor Rants administered the Oath of Office to new Tukwila Police Officer Bruce Linton. Nada Hughes, gave a brief overview of the Chamber's Tukwila accomplishments during the first six months of 1994. Anna Bernhard, 14241 59th Ave. S., complimented City staff for their efforts in producing the Comprehensive Plan brochure that was mailed to Tukwila residents. Lanny Vickers, 12227 45th Ave. S. thanked Councilmember Robertson for his role in explaining to neighborhood residents the City's plan for bringing sewers into the area. Vickers said his neighbors now have a better understanding of the project. a. Approval of Minutes: 8/8/94 b. Approval of Vouchers: Nos.73324 through 73508 in the amount of $444,039.37 c. Authorize Mayor to sign contract with JHK and Associates in the amount of $70,000 for Phase II of the Green River Valley Signal Coordination project. Tukwila City Council Special Meeting August 22, 1994 Page 2 Consent Agenda (con't) BID AWARDS 42nd Ave. S. Bridge Boeing Access Road Bridge Painting Boeing Access Road Bridge Deck Overlay Repair Project PUBLIC HEARINGS Request for Vacation of Portion of S. 104th Ord. #1715 Interim Tree MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, TO AWARD A CONTRACT TO CONCRETE BARRIER, INC. IN THE AMOUNT OF $55,400 FOR THE BOEING ACCESS ROAD BRIDGE DECK OVERLAY REPAIR PROJECT. MOTION CARRIED. y 2 MOVED BY HERNANDEZ, SECONDED BY DUFFIE, TO AWARD A CONTRACT TO ROOT PAINT CO. IN THE AMOUNT OF $394,212 FOR THE 42ND AVE. S. BRIDGE AND BOEING ACCESS ROAD BRIDGE PAINTING PROJECT. MOTION CARRIED. For clarification, Mayor Rants explained that the contract engineers and the bridge program contract have nothing to do with this contract. They deal with grant funding for bridge maintenance and upkeep from a different source. Quasijudicial: Deliberations: Request for vacation of a portion of unopened S. 104th Street Associated Grocers/NW Auto Wrecking. (See verbatim transcript attached 5 pages) Action taken by Council: Council directed staff to 1) prepare an ordinance granting the vacation and 2) prepare necessary calculations of the area to determine compensation to the City. Mayor Rants opened the hearing at 7:35 p.m. Ann Siegenthaler, DCD, presented the draft revised Interim Tree Ordinance showing the differences between the 1993 ordinance and the proposed 1994 ordinance. Siegenthaler listed the proposed changes as follows: 1) the addition of some definitions to better clarify terms that were not previously defined; 2) the addition of more explanatory language in the exemption section that clarifies which types of clearing activities are exempt as compared to the non exempt activities; 3) the addition of more specific language in the permit application materials requirements; 4) the deletion of certain administrative and enforcement sections in the 1993 ordinance that have since been superseded by the Decrim Ordinance; 5) revisions to the "canopy cover" approach. In addition staff added the Tukwila City Council Special Meeting August 22, 1994 Page 3 Public Hearings (con't) Ord. #1715 Interim Tree Ordinance Citizen Comments following revisions based on Council's discussions at the August 8th COW: 1) the permit drawings must now show the canopy cover of each tree in relation to construction limit lines; 2) changes in the Exceptions Criteria wording to read "offsite tree planting is allowed as a criteria for an exception as well as a contribution to some type of tree banking system 3) revised wording that specifies a time limit for remedial measures; 4) addition injunctive relief section; 5) revised wording to clarify addition of penalties for unauthorized clearing of trees. Siegenthaler stated that staff feels the changes will make the ordinance more workable and easier for the applicant to use and get through the permit process in more timely fashion. It will keep with Council's original intent for providing some protection of trees and re- planting of vegetation. The interim ordinance will be in effect for six months until staff comes back to Council with a codified version in January 1995. Don Tomaso, 13707 41st Ave. S., said he was disturbed by Council's actions regarding sensitive areas, land altering ordinance, and the tree ordinance. Tomaso estimated that permit costs for his property, which would include costs for preparing topography maps at two foot intervals and the canopy covers, would be about $4,500. Tomaso said he was also concerned the City can dictate the methods a property owner can use for projects such as thinning trees with heavy canopies. Siegenthaler responded that the Tree Ordinance will implement the current Sensitive Areas Ordinance and will implement the City's current shoreline regulations. Both of these ordinances require a topographic survey. The current ordinance does not add much more in the way of permit application materials than would be required under the Sensitive Areas Ordinance or the Shoreline Ordinance or, in some cases, the SEPA regulations. This ordinance exempts single family lots so that for property owners who want to remove a few trees to build a deck, etc., the tree ordinance would not apply. For low impact projects the ordinance also provides for certain exceptions. The Director has the authority to waive any of the permit requirements if they simply do not make sense for the proposal. For example, if a topographic survey would show nothing to the permit reviewers that would enable them to 4// Tukwila City Council Special Meeting August 22, 1994 Page 4 Public Hearing (con't) Interim Tree Ordinance Citizen Comment Citizen Comment better enforce the ordinance, the City could waive that requirements. Normal maintenance, i.e., pruning of unruly backyard trees, is exempt from the ordinance. However, if a tree is in a wetland and pruning is done to the extent that the tree is irreparably damaged to the point it no longer functions as a part of that wetland vegetation, the tree ordinance would apply. Mayor Rants asked whether a house on an acre is considered a single family lot. Siegenthaler responded that if the property is zoned single family and is currently developed with a house on it, the property would be exempt from the tree ordinance regardless of the size of the lot. Regarding fees, Siegenthaler said the current interim ordinance specifies a $25 fee for processing a tree clearing permit. Unauthorized tree clearing would be handled through the decrim ordinance that allows the City to seek remedial measures and put a stop work order on the unauthorized work. Don Tomaso pointed out that Section VI Exemptions B(1) says that clearing of up to 4 significant trees on a site currently zoned and developed for single family residential use within any thirty six (36) month period is exempt; UNLESS the significant trees to be removed are located in a Sensitive Area, Sensitive Area buffer or within the Shoreline Zone. Tomaso said that his entire piece of property falls into this category even though is zoned single family residential. Siegenthaler explained that if the single family property does not have trees within a sensitive area, there is no need to talk with the City. If, for example, a property has a stream on it somewhere, the property owner would be required to talk with the City before cutting any trees on the site. In the case of developed single family residential lots, the property owner can cut trees on the site as long as those trees are not actually located within the wetlands or on the slope or in the stream or the stream buffer. Don Tomaso said he'd like to see Council hold off adopting the ordinance because it's just another regulation that residents don't need. He asked that Council take into consideration the monetary impact these regulations have on property owners. Tukwila City Council Special Meeting August 22, 1994 Page 5 Public Hearing (con't) Interim Tree Ordinance Hearing Closed Ord. #1715 Interim Tree Ordinance Mayor Rants responded that Council understands that this particular ordinance will affect the City's residents and their ability to cut down trees. He asked that residents be informed of the existence of the tree ordinance so that they don't stumble into a situation where they cut down three or four trees and then find they're out of compliance with the code. Mayor Rants closed the hearing at 8:01 p.m. Councilmember Robertson said the interim ordinance has worked very well in the last six months with the exemption for cutting up to four trees on a single family lot. It doesn't stop people from cutting trees that are of no real impact to the City. It also allows people to clear trees that are hazardous. It allows people to prune trees. In conclusion, Robertson said he believes the law is a good one. The ordinance is clear; it's not burdensome on anybody, and it's easy to process. Councilmember Craft commented that from a personal standpoint as a citizen the law did not protect the 20 year old trees that were cleared for a library on the property next to her residence. Craft said she was not sure that the ordinance would protect what it is intended to protect. Ann Siegenthaler explained that the ordinance applies only to sensitive areas in a shoreline zone. If you don't have a sensitive area on the site included in the shoreline zone, then you're exempt from the tree ordinance. Such is the case with the Foster library site. MOVED BY ROBERTSON, SECONDED BY DUPPIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY MOTION CARRIED. City Administrator John McFarland read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING INTERIM STANDARDS FOR TREE CLEARING AND PLANTING AND DECLARING AN EMERGENCY. MOVED BY ROBERTSON, SECONDED BY DUFFLE, TO ADOPT ORDINANCE NO.1715 AS READ. MOTION CARRIED 4 -1 WITH CRAFT VOTING NO. Tukwila City Council Special Meeting August 22, 1994 Page 6 NEW BUSINESS Res. #1304 Supporting Self Insured Health Benefits MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, HAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Administrator John McFarland read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, IN SUPPORT OF SELF INSURING HEALTH BENEFITS. MOVED BY DUI41E, SECONDED BY HERNANDEZ, THAT RESOLUTION NO.1304 BE APPROVED AS READ.* Administrative Services Director Viki Witschger explained that the state legislature last session passed a healthcare reform bill designed to guarantee health benefits for all state residents. What this means to Tukwila and many other small municipalities is that under the Washington Health Services Act, they would no longer be allowed to be self insured. The private sector is exempt from the changes in the healthcare reform bill. State employees will not be affected until 1999 because of their agreements and contracts with the state. The Association of Washington Cities, which insures small cities in the area, has prepared a resolution requesting adjustments to the Act which includes a provision that allows local governments that are doing well with their self insurance to continue with their programs. Witschger affirmed that Tukwila has done very well with its self insured program; the costs have been kept down and the employees are using their plans efficiently and effectively. In conclusion, Witschger said she felt it was in the City's best interest to approve the proposed resolution and that doing so would show support to AWC and neighboring cities. Councilmember Robertson said he was uncomfortable with the idea that we support the state system in principle but we're not going to support it with our money because we're better off not participating. Witschger responded that the state has allowed its own employees to stay out of the health care program until 1999; the private sector is exempt; and Boeing has petitioned to keep their self- insured plan in effect. Over the years, Tukwila employees have fought for the benefits they now have. It is likely Tukwila City Council Special Meeting August 22, 1994 Page 7 New Business (con't) Res. #1304 Supporting Self- Insured Health Benefits Res. #1305 Adding Court Court Administrator to Non -Rep Salary Schedule 7 that the state program would bring higher medical costs and lower benefits. Councilmember Mullet said he would support the resolution to keep the City's options open until such time that the state brings its own employees into the program. Councilmember Hernandez also supported the resolution, saying she felt it was important to have someone (AWC) lobby for the City so it might maintain its current self insured plan. According to Witschger, the City save approximately $75,000 last year after claims and administrative expenses. Half of that money went back into the plan; half went to the employees as an incentive. Councilmember Robertson said he would vote against the motion because in his opinion the resolution itself does not adequately explain the reasons for the City's dissatisfaction with the new state system. *MOTION CARRIED 3 -2. (ROBERTSON, CRAFT VOTING NO) Councilmember Craft explained that she voted against the motion because she feels it somewhat unfair that when different levels of government are allowed to be exempt, those companies who do not have a large organization such as AWC to lobby for it are left with no choice in the matter. MOVED BY HERNANDEZ, SECONDED BY CRAFT, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED McFarland read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING RESOLUTION NO. 1287, WHICH ESTABLISHES THE 1994 WAGE SCHEDULE FOR NON REPRESENTED EMPLOYEES. MOVED BY HERNANDEZ, SECONDED BY CRAFT, TO APPROVE RESOLUTION NO.1305 AS READ.* Administrative Services Director Viki Witschger explained that the position of court administrator is a confidential position reporting to the judge. It was very important to the City to have a position Tukwila City Council Special Meeting August 22, 1994 Page 8 New Business (con't) Res. #1305 Adding Court Administrator to Non -Rep Salary Schedule Interurban Bridge Design Contract Recess 8:37 p.m. 9:37 p.m. Grass Infield at Crestview Park that was pulled out of the union in the court because there was no one there to administer the court or do any work at all that wasn't union. In the event a strike occurred, there would be no one to keep the court running, and by law, the court is mandated to remain open. Because of the work load in the court, the court administrator has been earning about $500 per month in overtime pay. The proposed resolution establishes a wage range for this position within the non represented wage schedule. Witschger recommended that the court administrator be brought into the schedule at a step that would recognize some of the overtime she has routinely worked. *MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH ENTRANCO ENGINEERS IN THE AMOUNT OF $233,000 FOR THE INTERURBAN BRIDGE DESIGN PROJECT.* MOVED BY MULLET, SECONDED BY ROBERTSON, TO AMEND THE MOTION BY ADDING LANGUAGE TO THE CONTRACT UNDER SECTION III A. 3. THE FIRST SENTENCE SHALL READ AS FOLLOWS (amendment is underlined): EVALUATE TWO ALTERNATIVE LOCATIONS FOR THE INTERURBAN TRAIL: ONE ON THE INTERURBAN BRIDGE PROVIDING A SEPARATION STRUCTURE BETWEEN PATH TRAFFIC AND AUTOMOBILE TRAFFIC AND THE OTHER ON A SEPARATE STRUCTURE OVER THE GREEN RIVER. *MOTION CARRIED. MOTION CARRIED AS AMENDED. Mayor Rants called for a 10 minute break at 8:37 p.m. The meeting was called back to order at 8:47 p.m. with Councilmembers in attendance as listed above. John McFarland explained that residents living near Crestview Park have complained about the dust from the ball field. Tukwila City Council Special Meeting August 22, 1994 Page 9 New Business (con't) Grass Infield at Crystal Springs Park CBD Sidewalks REPORTS Council yid McFarland said the best solution would be to grass the infield and provide for some type of irrigation. Funding could come from the ending fund balance for Crystal Springs Park since the last project in that fund cost less than what was budgeted. It was the consensus of the Council to move forward with this proposal. Public Works Director presented overheads showing the existing CBD sidewalks from the time the sidewalk ordinance was adopted in 1989 to the present, overlays showing those expected to be completed by the City over the next year, and the sidewalks that would be left to do. The ordinance called for the creation of LIDs to construct the improvement and assess the property owner for the cost of the remaining sidewalks. A tree planting plan has been prepared to be used in conjunction with the CBD sidewalks. Earnst said the cost for constructing all the non completed sidewalks in the CBD would be $1,479,000. This figure would include the trees and leave $300,000 (the City's match for federal funding) for additional trees. Earnst said that approximately $25,000 worth of trees will come in with new development. The City will plant trees in accordance with the tree plan wherever they build a sidewalk. The City plans to use LIDs to pay for the sidewalks and use the grant money to buy the trees. Under an LID, the City would construct the sidewalks and assess the property owner for the cost. Earnst said the City is going with a Benefit LID which can be protested by the property owner. Appraisals will be done for both a warehouse and a retail establishment to determine what benefits, if any, exist for each use. Councilmember Duffie reported that the Community Affairs and Parks Committee had been given an outstanding presentation from Bob Murase on the Tukwila Pond Project. He suggested the entire Council listen to a like presentation. Council agreed to meet on August 29th at 5:30 p.m. for this purpose. Councilmember Craft announced an informational meeting on the draft comprehensive plan at Foster High School from 6 to 8 p.m., August 23, 1994, presented by City staff. Tukwila City Council Special Meeting August 22, 1994 Page 10 Staff ADJOURNMENT MOVED BY DUI4-1E, SECONDED BY MULLET, THAT THE 9:38 p.m. City Administrator John McFarland reported the Community Oriented Policing manual has been printed. A copy is available for Council's perusal. McFarland also reported that vandals were responsible for approximately $15,000 worth of damage done to Crystal Springs Park during the past weekend. The police have suspects, but no arrests have been made as yet. MEETING BE ADJOURNED. MOTION CARRIED. Jo W. Rants, Mayor t a 77, ape E. Cantu, City Clerk Tukwila City Council August 22, 1994 Verbatim Transcript Public Hearing: Request for vacation of a portion of unopened S. 104th Street (Associated Grocers/NW Auto Wrecking) Mayor Rants: The public hearing is open (7:23 p.m.). Ross Earnst. PW Director: My staff with the overhead hasn't quite made it yet. Rants: Do you wish to make a phone call to get him over here? Earnst: I'm sure that he's on the way. Rants: Rick will take care of it. Earnst: O.K. It's not that he's working on something else -he's working on this. This request for vacation was received jointly, I think, from the two property owners on the adjacent properties. The location of 104th as you can see (referencing map in agenda packt) is -if you know where the intersection of 104th along the river is, it's directly to the east across East Marginal Way. They do have plans to develop the property in there, and this street as you can see does not go on through. It's what was left originally in King County. The Seattle city limits goes right down across it. We do have some easements that will be required of that property because there is a storm drain that goes under it. Otherwise, the staff could see no use for that particular right -of -way. It has been distributed to all City departments, and I don't believe we received any comments back. Rants: Does Council have questions of staff? Councilmember Dennis Robertson: At the end of that street, does it end on the east end on the airport? Earnst: No. It ends on I believe it's Associated Grocers. No, I take it back. I think the line does the same thing. Northwest Auto Wrecking owns to the north, and to the south is Associated Grocers. Robertson: What is to the east? The street, 104th, runs from East Marginal Way east to something. And on the quad you provided it looks to me as if it ends on the airport. Is that correct? Earnst: No, it ends -this is not the airport. The blank area in the City of Seattle that's not the airport. Airport Way -what you see going through here is, I think, an easement. Airport Way is further east. So this is Associated Grocers property and Northwest Auto Wrecking property in Seattle goes on east from there. 24711 Verbatim Transcript Public Hearing: Vacation of a portion of unopened S. 104th St. August 22, 1994 Page 2 John McFarland, Citv Administrator: Dennis, the southern terminus of the air field, Norfolk, is about a block up. Earnst: Yes. You can see just as the very top you can see Norfolk Street. North -in the top left hand corner. That's Norfolk. Robertson: How would entrance ways to that area be gained? How does that -if we vacate 104th, how will we gain access to that large area? Earnst: Well, we don't. It is all owned by the same property owners. You see the hashers? Robertson: Yes. Earnst: So where it says Associated Grocers -they own the properties to the south. All of those. And Northwest Auto Wrecking owns properties to the north, both in Tukwila and Seattle. So it is not currently providing access to a separate property Robertson: And you see no future need for the City to have a street there? Earnst: No. It does not go on into Settle. The right -of -way does not go on into Seattle. It's that short piece, that's all there is to it. Robertson: O.K. Does Seattle have any adjacent right -of -way within their boundaries there? Earnst: The specific properties there? No. Only Norfolk and Airport Way. In other words, that whole chunk in there is owned, I think, by two property owners, Northwest Auto Wrecking and Associated Grocers. Robertson: O.K. And the City of Seattle doesn't have any right -of -way inside there that would.... Earnst: That would tie into this? Robertson: Yes. Earnst: No. There is a storm drain pipe, a rather large one, that is in that right -of -way and we would require an easement for that. And it's owned by currently, I think, WSDOT and the City of Seattle. Verbatim Transcript Public Hearing: Vacation of a portion of unopened S. 104th St. August 22, 1994 Page 3 Rants: Any other questions of staff? (no response) Thank you, Ross. Earnst: You're welcome. Rants: At this time we'll open it up for citizen comment on the public hearing. Does anyone wish to speak pro or con? (no response). Alright, then I'm going to close the public hearing. Council can now have a discussion of whether they wish to see pictures or not. (gavel to close 7:29 p.m.) (Overhead maps arrive for discussion) Robertson: Ross, what I'm still concerned about -and I guess I'd like to go to an aerial photograph and look -is that chunk where it says "area of proposed street vacation"- that's-- what's there? Earnst: That's all in the City of Seattle. Robertson: I know, but I'd just like to know what physically is there and how the ownership's broken up, and are there any other things that we need access to. Earnst: (looking at overhead map) That doesn't go far enough. The problem is our maps don't have that in there. Councilmember Joyce Craft: I think that the applicant has something. Rants: Please come forward and give your name and position. Marta Criswell. Engineer for Associated Grocers: If you travelled straight east on that easement, you would run first into our water tower and then into our grocery warehouse. It runs straight north and south and occupies that entire site from approximately Norfolk Way to considerably south of the easement. Robertson: O.K. What is in that easement right now? Is it a roadway, a bare piece of property, a building? What's there? Criswell: Gravel bed. Robertson: Gravel bed? Criswell: It's gravel. Verbatim Transcript Public Hearing: Vacation of a portion of unopened S. 104th St. August 22, 1994 Page 4 Craft: I have a question for you. What is the mailing address of Associated Grocers? Criswell: 3301 S. Norfolk. Craft: How is it Norfolk? Criswell: It's Norfolk. It has a northern access from Norfolk to the administrative building. Craft: So that property's all owned by Associated Grocers all the way up? Criswell: That's right. Except for the T- shaped area. That belongs to Northwest Handling. Robertson: Our normal RCW requires a payment for this piece of land that's 50 percent of the assessed valuation or something like that. Is that correct? Do you know how much that is at this point? Earnst: We have not had it appraised. Robertson: But you have to do that before we pass it, right? Earnst: Well, you could vacate it subject to an appraisal and payment. Rants: It's 6,000 square feet. Is there a value to the easement that we're going to have for the drainage in there, so we'd have to have it appraised that way. And we could pass this subject to appraisal and an agreement to purchase. Robertson: O.K. Well we don't... Earnst: If the costs are under $10,000, then we use the assessed value. If we're over, then we have to have it appraised. Robertson: We don't have an ordinance before us or anything do we? Is there one in the packet? Earnst: No. This is just a public hearing. We would have to go farther on to put it on another meeting. Verbatim Transcript Public Hearing: Vacation of a portion of unopened S. 104th St. August 22, 1994 Page 5 Robertson: I guess I'd like to direct staff to do two things: One, prepare an ordinance for granting the vacation, and second, to do the necessary calculations for the price which you have to do anyway, and bring that back before us so we know how much it is. Rants: All right. We have two things to take care of there then. Is there any other discussion on this issue? (no response) All right. We'll have that then for the next Regular meeting, I assume, after they get into that. END OF TRANSCRIPT