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HomeMy WebLinkAbout1979-01-15 Regular MinutesJanuary 15, 1979 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS AND AWARDS Call for Bids: Street Improvement Project (So. 147th 56th So.) Agenda Changed Election of Council President ORDINANCES Ordinance #1095 Add certain sections of Title 9A RCW TUKWILA CITY COUNCIL Tukwila City Hall Regular Meeting Council Chambers M I N U T E S Mayor Bauch, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DANIEL J. SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN, Council President. LAWRENCE E. HARD, City Attorney; KJELL STOKNES, OCD Director; MAXINE ANDERSON, City Clerk; JOHN MCFARLAND, Administrative Assistant; TERENCE MONAGHAN, Public Works Director. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF JANUARY 2, 1979, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Final Expenditures for 1978: Claims Fund Vouchers #1547 #1592 Current Fund 1547 1577 8.594.62 Golf Crse.Spec. Rev. 1578 3,300.00 Street Fund 1579 1583 1,314.23 Land Acq,Bldg,Dev. 1584 1585 326.68 Golf Acq. 1586 350.00 Water Fund 1587 1588 2.294.75 Sewer Fund 1589 1592 85.97 $16,266.25 First 1979 Expenditures: Claims Fund Vouchers #1593 #1730 Current Fund Street Fund Fed. Shared Rev. Land Acq, Bldg, Dev. Water Fund Sewer Fund 1593 1711 1712 1720 1721 1722 1723 1726 1727 1730 35,920.05 76,674.00 7,023.15 23,431.50 1,149.24 11,547.61 $155,745.55 2366 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL CALL FOR BIDS FOR THE STREET IMPROVEMENT PROJECT ON FEBRUARY 13, 1979. Project includes improvements to South 147th Street and 56th Avenue South. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE AGENDA BE AMENDED TO INCLUDE THE ELECTION OF THE COUNCIL PRESIDENT. MOTION CARRIED. Councilman Van Dusen thanked the Council for cooperating with him as Council President. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT COUNCILMAN "BUD" BOHRER SERVE AS COUNCIL PRESIDENT FOR 1979. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an Ordinance amending Ordinance 989 to add certain sections of Title 9A RCW and repealing Ordinance Nos. 727, Sect. 21; 745, Sect. 30; and 828. TUKWILA CITY COUNCIL, REGULAR MEETING January 15, 1979 Page 2 ORDINANCES Cont. Ordinance #1095 Add certain sections of Title 9A RCW APPOINTMENTS Board of Ad- justment: Mrs. Rudolf Regel Claim for Damages: George Armour Claim for Damages: Ms. Marla Beaty Waiver Request by Chartwell Dev. Corp. (Tukwila Pond Site) MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ORDINANCE NO. 1095 BE ADOPTED AS READ.* 3.367 Councilman Bohrer asked Attorney Hard to explain the procedure on how this ordinance works. Attorney Hard said he is satisfied with the ordinance as it is now. It is proper in every respect. Ordinance No. 989 adopted changes in the Criminal Code made by the State Legislature. Section 4 of the ordinance says that these criminal acts will be considered misdemeanors in the City of Tukwila. This ordinance adds additional crimes to the list. It specifically states that these are all to be considered crimes in the City of Tukwila. The City is only empowered to assess a penalty of $500 or 6 months in jail. It does not have the power to penalize anyone for more than a misdemeanor. Councilman Bohrer said his concern is we are adopting definitions but are not making them illegal. Attorney Hard quoted from Ordinance 989 which says "Any person violating any of the provisions of this chapter whether defined as a felony, a gross misdemeanor, or a misdemeanor shall be guilty of a misdemeanor." *MOTION CARRIED. Mayor Bauch's letter recommending Mrs. Rudolf Regel, 14201 56th Avenue South, for appointment to the Board of Adjustment was read for the record. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL CONCUR WITH THE MAYOR'S APPOINTMENT OF MRS. REGEL TO THE BOARD OF ADJUSTMENT. MOTION CARRIED. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS John McFarland, Administrative Assistant, reported that Mr. George Armour has filed a claim for damages against the City in the amount of $5,000.00. The basis of the complaint is a charge of false arrest. Investigations by Mr. Jim Crook of Miller Morris, Inc., loss assessors for the City's insurance carriers, reveal no liability on the part of the City or Police Officers involved. Mr. McFarland recommended the claim be denied. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT COUNCIL DENY THE CLAIM. MOTION CARRIED. Mr. McFarland explained that one of the Police Officers accidentally hit the side mirror of a parked vehicle and it was broken. Ms. Marla D. Beaty has filed a claim for damages in the amount of $7.43. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT COUNCIL AWARD THE CLAIM FOR DAMAGES IN THE AMOUNT OF $7.43. MOTION CARRIED. Mayor Bauch reminded the Council that the request for a waiver and the requirements of Ordinances 1035 and 1053 only involve the treatment of the pond which is the environmentally sensitive area. Resolution #656 provided the guidelines for the development of the pond. This was passed before the purchase of the property so the purchasers were aware of the guidelines. The interpretation of 656 becomes a staff function. If there is a difference of opinion, the developer can go before the Board of Adjustment. If this is not satisfactory they have the option of going to Court.. When the final waiver comes back to Council, they will then determine if the development is essentially the same as that which was in the preliminary plat. TUKWILA CITY COUNCIL, REGULAR MEETING January 15, 1979 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Request by Chartwell Dev. Corp. (Tukwila Pond Site) Criteria #1 Criteria #2 Council is not here this evening to review the details of the buildings or whether they are allowable within the zoning and building codes of the City. The discussion should be held to the treatment of the environmentally sensitive area. Councilman Bohrer expressed concern over three items: 1 Resolution 656 says the development should provide visual access from Strander Blvd. and Andover Park West and there is not direct visual access provided. He suggested moving the hotel currently planned for the southeast corner of the site to the southwest corner. 2 The contour of the pond gets nearly totally reconstructed and there is the creation of an island. He suggested that maybe the island should not be created and leave the nesting ground essentially in its current location. 3 The proposal does not leave quite 1/3 of the area in natural form. It appears to be more like 1/4 (9 acres) of the site. Councilman Van Dusen reminded Council that any type of construction is going to interrupt the wildlife for a period of time. He also agreed that the 1/3 natural area should be retained. The proposal, as it is now, has 7.25 acres for the surface area of the pond, .75 acres for the island, 4 acres designated as wetlands and 4 acres of landscaping for a total of 16 acres. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA #1. Does the proposed action represent a unique condition which is not significant in scale? ROLL CALL VOTE: BOHRER NO, the project is significant in scale. HARRIS YES, the pond area should be 1/3 of the development and this is not a significant difference. HILL NO, a development of this magnitude has to have an impact. JOHANSON NO, there is a significant impact on the wildlife in the area. SAUL YES, the development of the pond and wetland will enhance the whole project. TRAYNOR NO, it is significant. VAN DUSEN NO, definitely significant. 5 NO; 2 YES. MOTION FAILED. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT COUNCIL VOTE YES ON CRITERIA #2. Has the applicant investigated reasonable alternatives available which would not require a waiver Mayor Bauch noted that previous discussion showed there were no situations that would not require a waiver, therefore, this one is not applicable. a.t 6F Mayor Bauch noted that the resolution says to "encourage" visual access from the street. He called attention to Section 7 which says the southeast corner of the site will be retained. The proposal will have to be changed to meet this requirement. Attorney Hard said that Council does have to go through all five of the criteria on the waiver checklist the same as for any other property in the City. Fred Satterstrom, Planning Associate, indicated the area to be voted on is the pond and wetlands excluding the fill area. TUKWILA CITY COUNCIL, REGULAR MEETING January 15, 1979 Page 4 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Request by Chartwell Dev. Corp. (Tukwila Pond Site) Criteria #2 Criteria #3 Criteria #4 Criteria #5 *ROLL CALL VOTE: BOHRER NA HARRIS NA HILL NA JOHANSON NA SAUL NA TRAYNOR NA VAN DUSEN NA D 369 MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA #3. If the request for waiver involves building, grading, clearing, excavation, or filling in a geographical area generally identified by the Environmental Basemap as an area of high natural amenity or development constraint, are mitigating measures provided Councilman Johanson asked if Chartwell has agreed to move the building from the southeast corner. Mayor Bauch said they have to comply with Resolution 656 and it says they will have to move it. *ROLL CALL VOTE: BOHRER NO, mitigating measures are provided but the wording should read "are sufficient mitigating measures provided." HARRIS YES, mitigating measures are provided and it does not ask if they are sufficient. HILL YES, mitigating measures are provided -if they move the hotel. JOHANSON NO, question the amount of water and wetland area. SAUL NA TRAYNOR YES VAN DUSEN YES 4- YES; 2- NO; 1 NA MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA #4. Is the request for waiver consistent with the goals and policies of the Comprehensive Land Use Policy Plan? ROLL CALL VOTE: BOHRER YES HARRIS YES HILL YES JOHANSON YES SAUL YES TRAYNOR YES VAN DUSEN YES MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA #5. Do the requirements of this ordinance impose a special hardship to a site for which a waiver of the provisions would not necessitate a major policy commitment prior to the adoption of the Zoning Ordinance and Map? ROLL CALL VOTE: BOHRER YES HILL YES JOHANSON YES SAUL YES TRAYNOR YES VAN DUSEN YES HARRIS YES MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING January 15, 1979 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Request by Chartwell Dev. Corp. (Tukwila Pond Site) Waiver Approved RECESS: 8:25 pm 8:30 pm ORDINANCES Ordinance #1096 Recognizing the position classi- fications of the commissioned members of the Tukwila Police Department RESOLUTIONS Resolution #669 Authorizing the Mayor to negotiate execute an intertie agreement with the City of Kent MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PRELIMINARY WAIVER BE APPROVED ON THE BASIS THAT ALL THE CONDITIONS OF RESOLUTION NO. 656 ARE COMPLIED WITH.* Councilman Saul asked why the southeast corner was determined to be environmentally sensitive. Councilman Johanson said that during the discussion periods it was determined that this area is used significantly by all the wildlife in the area. This area is still the natural valley floor. Councilman Saul said it is the southwest corner where he has always noticed the activity. Councilman Harris agreed with him. When they took the walking tour she said it appeared to be the southwest corner where the wildlife activity was. Councilman Johanson said he noticed that the southwest corner floods and a lot of the vegetation is dead. Mr. Satterstrom said the southeast corner has the advantages for nesting because most of the year it is surrounded on three sides by water so it is protected from human approach. It appears to be the major area where nesting occurs. The location is not exactly along Andover Park West but off of the road several hundred feet. *MOTION CARRIED WITH JOHANSON VOTING NO. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Bauch called the regular meeting back to order with all Council Members present as previously reported. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an Ordinance amending Section 2 of Ordinance 639 and recognizing the position classifications of the commissioned members of the Tukwila Police Department. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT ORDINANCE NO. 1096 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY.* MOVED BY HARRIS, SECONDED BY HILL, THAT THE f10TION BE AMENDED TO READ THE RESOLUTION IN ITS ENTIRETY. MOTION CARRIED. *MOTION CARRIED AS AMENDED. City Attorney Hard read a Resolution authorizing the Mayor to negotiate and execute an intertie agreement with the City of Kent. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 669 BE ADOPTED AS READ.* Councilman Hill asked if this has been approved by the Seattle Water Department. Terry Monaghan, Public Works Director, explained that this is one of the criteria before final approval -to be sure Kent has documented clearance from the City of Seattle. However, Seattle does encourage interties. 8.3 70 TUKWILA CITY COUNCIL, REGULAR MEETING January 15, 1979 Page 6 RESOLUTIONS Cont. Resolution #669 Authorizing the Mayor to negotiate execute an intertie agreeemnt with the City of Kent DEPARTMENT REPORTS Mayor's Report Finance Director's Investment Report MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Introduction, Carl Carlson, Deputy City Attorney ADJOURNMENT 8:59 P.M. a3 Councilman Harris asked what the rate will be. Mr. Monaghan said it has to be negotiated but will be no less than $.33 per 100 cubic feet charge for water used. The long term use of this intertie is for emergencies. Mr. Monaghan explained that this intertie is in the same location as the one used this summer to serve Southcenter South. MOVED BY JOHANSON, SECONDED BY TRAYNOR, THAT ITEM 1 BE AMENDED TO READ: "A RECIPROCAL RATE OF NOT LESS THAN $.33 PER 100 CUBIC FEET CHARGE FOR WATER USED." MOTION CARRIED. Councilman Bohrer said he does not feel the WHEREASES give the background to really reflect what is happening. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT THE FIRST WHEREAS BE AMENDED BY ADDING "TO PROVIDE SUPPLEMENTAL WATER SUPPLY FOR THE CITY OF KENT" AFTER THE WORD INTERTIE. THE SECOND WHEREAS BE AMENDED BY STRIKING THE WORD "AN" AND REPLACING IT WITH "A LONG TERM MOTION CARRIED. *MOTION CARRIED AS AMENDED. Mayor Bauch announced that Pat Lowrey has been elected Chairman of the King County Law and Justice Planning Committee. The Senior Program conducted at Southgate is very successful. He urged Council to visit the meetings and observe the activities. The representative of our Sister City in Japan will be arriving for a visit to Tukwila sometime the first of February. We hope to have him attend a Council meeting. Councilman Harris read the December report of investments submitted by Ron Swanson, Finance Director. Interest Income amounted to $22,239.88. This resulted from interest rates ranging from 9% to 11 Total Interest Income for 1978 amounted to over $262,000. Attorney Hard introduced Mr. Carl Carlson of the same firm, who represents the City of Tukwila on Municipal Court Business. Council commended Councilman Van Dusen on the fine job he has done as Council President. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Mayor City Clerk