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HomeMy WebLinkAbout1979-08-27 Regular Minutes (Continued from 1979-08-20)TUKWILA CITY COUNCIL August 27, 1979 Tukwila City Hall 7:00 P.M. Council Chambers FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS AND AWARDS Authority to Call for Bids- Traffic Signal BID AWARD: LID #29 So. 153rd St. Project Regular Meeting Continued from August 20, 1979 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, continued from August 20, 1979, to order. LIONEL C. BOHRER, Council President; MABEL J. HARRIS, DANIEL J. SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT COUNCILMAN JOHANSON BE EXCUSED FROM THE MEETING. MOTION CARRIED. CARL J. CARLSON, Deputy City Attorney; KJELL STOKNES, OCD Director; TERENCE MONAGHAN, Public Works Director; MAXINE ANDERSON, City Clerk. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 6, 1979, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY VAN DUSEN, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Current Fund Golf Crse. Spec. Rev. Street Fund Fed. Shared Revenue Arterial Street Water Fund Sewer Fund Unemployment Fund Vouchers #3651 #3812 LID 29 Cash 8 $1,514.43 *P10TION CARRIED. 3651 -3777 3778- 3779 3802 -3810 3781 -3783 3780- 3784 -3791 3811 3792 -3800 3812 3801 $34,306.71 22,160.00 7,752.57 1,700.23 1,766.15 8,986.15 15,045.68 1,124.75 $92,842.24 LID 29 Rev. 4 $1,514.43 MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE CITY CALL FOR BIDS FOR A TRAFFIC SIGNAL AT INTERURBAN AVENUE AND 58TH AVENUE SOUTH.* There is some problem with the engineering and it might not be ready to go to bids as soon as was expected. Terry Monaghan, Public Works Director, explained that five bids were received August 24 for construction of LID #29 and the accelerated Street Improvement Project. This was bid in two schedules. Schedule A represents the LID portion and Schedule B, the Street Improvement portion to be funded by the City. He has a letter from Jones Associates, Consultants, recommending that the low bid in the amount of $439,583.99 be accepted from West Coast Construction Company. Schedule A is $322,291.93 and Schedule B is $117,292.06. Mr. Monaghan recommended that the bid of West Coast Construction be accepted and that Council authorize awarding the contract. Councilman Van Dusen asked if the City is automatically going to the low bidder. Mr. Monaghan said Council has the right to reject any and all bids. West Coast is a reputable contractor. They did Southcenter Boulevard. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL ACCEPT THE BID OF THE LOW BIDDER, WEST COAST CONSTRUCTION, FOR LID #29 AND THE 1979 ACCELERATED STREET PROGRAM. MOTION CARRIED. a.syq TUKWILA CITY COUNCIL, REGULAR MEETING August 27, 1979 Page 2 PUBLIC HEARINGS Street Vacation- Portion of Macadam Road requested by P L Co., and Huntington King County Housing Authority Use of Block Grant Funds to install smoke detectors security devices in homes of the elderly CITIZEN'S COMMENTS Noise Citizens along South 163rd Mayor Bauch explained that a Public Hearing is being held in accordance with the State Law when a petition for the vacation of a street is filed with the City. This hearing involves a portion of Macadam Road exiting off of Southcenter Boulevard at approximately 64th Avenue. Terry Monaghan explained that there are three property owners abutting this section of street. P L Company (Xerox) is in the process of developing their property. In attempting to gain access they are proposing to move the street further to the east and square to Southcenter Boulevard to help alleviate the sight distance problem. Once the street is vacated, they will build a private road with access to the three properties. The property owners are P L Company, James S. and Helen D. Huntington, and King County Housing Authority and all have signed the petition. Mayor Bauch declared the Public Hearing open. Mr. Omar Parker, Attorney at 1900 Washington Building in Seattle, representing P L Company, advised the Council that they have no specific comments to add to what has been said but are obviously in favor of the vacation. There being no other comments, Mayor Bauch closed the Public Hearing. M0VED BY BOHRER, SECONDED BY HARRIS, THAT AN ORDINANCE BE DRAWN VACATING THE PROPERTY AND HAVE IT BACK ON THE AGENDA WHEN COMPLETED. MOTION CARRIED. Councilman Van Dusen clarified that once the property is vacated, the three property owners will develop their own road and the City will not be involved. Mayor Bauch said this will be stated in the vacation ordinance. Mr. Pat Lowery, Crime Prevention Officer, explained that he has been looking at the needs of the elderly in the Tukwila area and finds that funds would be well spent on smoke detectors and dead bolt locks. He has 18 signed up now but hopes to have about 25 when completed. They are willing to admit they are seniors but getting them to admit they are low income is very difficult. It will cost $35.00 each to install the dead bolt locks, and the Fire Department can install the smoke detectors for $17.00. Some of the homes are very old so putting a lock on the door wouldn't accomplish anything. Where needed, solid core doors will be installed. Mayor Bauch said that unallocated money, received in the past two months, will be used for this project. Mayor Bauch declared the Public Hearing open. A Public Hearing is required by law. There being no comments from the audience the Public Hearing was closed. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT A RESOLUTION BE PREPARED FOR THE NEXT AGENDA. MOTION CARRIED. Mr. Dwight Gardner, 14112 57th Avenue South, commented on the noise generated from the parking lot of the Riverside Inn. Friday and Saturday nights it is especially bad. The screaming and horn blowing wakes them at all hours. Mayor Bauch noted that the Noise Ordinance goes into effect in December, and the City hopes to have an enforcement procedure established. Mr. Gardner suggested that, if the noise continues, a change in closing times might be initiated. Mayor Bauch noted, for the record, that a petition has been received signed by eight citizens living along South 163rd Place. They are asking that their street not be upgraded. TUKWILA CITY COUNCIL, REGULAR MEETING August 27, 1979 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Waiver request for property north of Southcenter Blvd. at 52nd So. (SPEEA UNIFIR) (Continued) Criteria #1 Criteria #2 Criteria #3 Criteria #4 A waiver has been requested by SPEEA and UNIFIR to construct two office buildings between 51st Avenue South and 52nd Avenue South just north of Southcenter Blvd. Mayor Bauch said that one question asked at the work meeting was the distance between the existing tri -plex and the proposed SPEEA building. He said the tri -plex is 29 feet from their property line and the SPEEA building is 10 feet from that common property line. The separation between the two buildings would be 39 feet. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #1; DOES THE PROPOSED ACTION REPRESENT A UNIQUE CONDITION ROLL CALL VOTE: NO, because there are other neighboring areas subject to the same conditions, however, this is not a very strong condition because of actions Council has taken on surrounding property. YES, I am looking at only this property, and it is unique. SAUL NO. TRAYNOR NO. VAN DUSEN YES. BOHRER HARRIS *MOTION FAILED: 3 NO; 2 YES. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #2; IS THE PROPOSED ACTION SIGNIFICANT IN SCALE ROLL CALL VOTE: HARRIS NO. SAUL YES. TRAYNOR YES. VAN DUSEN NO. BOHRER YES. *MOTION CARRIED: 3 YES; 2 NO. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #3; HAS THE APPLICANT SHOWN THAT NO REASONABLE ALTERNATIVES ARE AVAILABLE WHICH WOULD NOT REQUIRE A WAIVER Councilman Bohrer noted that on the waiver request the answer was, "No, we own the property." He said he felt there were development alternatives that have not been discussed. ROLL CALL VOTE: SAUL NOT APPLICABLE. TRAYNOR NOT APPLICABLE. VAN DUSEN NO. BOHRER NO. HARRIS NOT APPLICABLE. *t10TION FAILED: 3 NOT APPLICABLE; 2 NO. Councilman Bohrer read Criteria #4; If the Request for waiver involves building, grading, clearing, excavation, or filling in a geographical area generally identified by the environmental base map as an area of high natural amenity or development constraint are sufficient mitigating measures provided? and it was declared not applicable. TUKWILA CITY COUNCIL, REGULAR MEETING August 27, 1979 Page 4 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver request for property north of Southcenter Blvd. at 52nd So. (SPEEA UNIFIR) Criteria #5 Criteria #6 Criteria #7 ROLL CALL VOTE: TRAYNOR YES. VAN DUSEN YES. BOHRER YES. HARRIS YES. SAUL YES. *MOTION CARRIED: 5 YES. o) S S.• MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #5; IS THE REQUEST FOR WAIVER CONSISTENT WITH THE GOALS AND POLICIES OF THE COMPREHENSIVE LAND USE POLICY PLAN Councilman Bohrer noted that the waiver application reads, "Design and landscaped to project quality image. Low profile, helps buffer adjoining properties." The applicant hasn't specifically identified, by reference, the sections of the Comprehensive Plan that support these statements, but in general there are statements that they do support. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #6; DO THE REQUIREMENTS OF THIS WAIVER ORDINANCE IMPOSE A SPECIAL HARDSHIP TO THIS SITE Mr. Stoknes explained that the present zoning on this site allows two story office buildings. Because of the waiver requirements they need the waiver to develop to that zoning. Because the zoning allows it,does this necessitate a hardship. ROLL CALL VOTE: VAN DUSEN YES. BOHRER YES. HARRIS YES, the fact that the waiver is required constitutes a special hardship. SAUL YES. TRAYNOR YES. *MOTION CARRIED: 5 YES. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #7; WOULD A GRANT OF THE WAIVER NECESSITATE A MAJOR POLICY COMMITMENT PRIOR TO THE ADOPTION OF THE NEW ZONING ORDINANCE AND MAP Mr. Stoknes said the Comprehensive Plan shows this site as single family. The present zoning is RMH AND RMH allows a two story office building. Councilman Bohrer said he felt it is not a major commitment because Council has already indicated by their action on the adjacent property. The other parcels are multiple family and the office concept is consistent with this so the policy commit- ment was already made. ROLL CALL VOTE: BOHRER NO. HARRIS NO, we have already made the commitment. SAUL NO. TRAYNOR NO. VAN DUSEN NO. *MOTION FAILED: 5 NO. Waiver Approved MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL APPROVE THE PRELIMINARY WAIVER AS SUBMITTED.* TUKWILA CITY COUNCIL, REGULAR MEETING August 27, 1979 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver request for property north of Southcenter Blvd. at 52nd So. (SPEEA UNIFIR) (Continued) OLD BUSINESS Proposed purchase of computer system ORDINANCES Ordinance #1125 Amending the legal description con- tained in Ord. 1119 (Segale annex.) Ordinance #1126 Setting the compensation paid to jurors Ordinance #1127 Amending the 1979 Budget RESOLUTIONS Resolution #692 Authorizing the Mayor to sign the labor agreement with Teamsters Local #763 Councilman Van Dusen asked if "as submitted" included the conditions in the Staff Report and was told yes. Mayor Bauch clarified that for the Finding of Facts, the granting of the waiver is based on the Staff Report. Councilman Bohrer noted that Staff recommended the Council establish a policy on whether single tenant office structures or multi tenant office structures should be allowed in an RMH zone and Council felt this was not a subject of importance. This would allow the applicant to do as he proposes to do. *MOTION CARRIED. Councilman Bohrer indicated he voted in favor of the proposal even though he voted NO on several of the criteria because Council has already indicated the zone they want for this particular area. The NO votes were cast on procedural matters which are far less important. Councilman Van Dusen said there are several unanswered questions on the proposed purchase of a new computer system. This is an important decision and Council needs more time to study the material. MOVED BY VAN DUSEN, SECONDED BY SAUL,THAT THIS ITEM BE FORWARDED TO NEXT TUESDAY NIGHTS AGENDA. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY ALONG WITH THE UNDERLINED CORRECTIONS. MOTION CARRIED. Deputy City Attorney, Carl J. Carlson, read an ordinance of the City of Tukwila, Washington, amending the legal description contained in ordinance 1119. MOVED BY BOHRER, SECONDED BY SAUL, THAT ORDINANCE NO. 1125 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Deputy City Attorney, Carl J. Carlson, read an ordinance of the City of Tukwila, Washington, setting the compensation paid to jurors. MOVED BY BOHRER, SECONDED BY HARRIS, THAT ORDINANCE NO. 1126 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney, Carl J. Carlson, read an ordinance of the City of Tukwila, Washington, amending the 1979 Budget as adopted by ordinance 1090. MOVED BY BOHRER, SECONDED BY SAUL, THAT ORDINANCE NO. 1127 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Deputy City Attorney, Carl J. Carlson, read a resolution authorizing the Mayor to sign the Labor Agreement between the City of Tukwila and Teamsters Local Union No. 763 representing Supervisors and General /Clerical Employees, for the years 1979/80. TUKWILA CITY COUNCIL, REGULAR MEETING August 27, 1979 Page 6 RESOLUTIONS Cont. Resolution #692- DEPARTMENT REPORTS Mayor's Report Old City Hall Building- National Register Boundary Review Board Meeting Allentown Crestview annexations LID #28 Finance Director's Report of investments MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Letter from R.E.I. Zoning Ordinance Review MOVED BY BOHRER, SECONDED BY SAUL, THAT RESOLUTION NO. 692 BE ADOPTED AS READ. MOTION CARRIED. Mayor Bauch announced that the State Advisory Council on Historic Preservation considered Tukwila's application to have the Old City Hall Building (formerly Tukwila Elementary School) placed on the National Register of Historic Buildings. The Council voted in favor of a recommendation for the National Register with local significance. This means that it is historic locally rather than state wide. Mayor Bauch announced that a public meeting will be held before the King County Boundary Review Board, September 27, 1979, 7:30 p.m. at the Southgate Community Center to hear citizen input on the proposed Allentown annexation. At 8:30 p.m. on the same evening the Crestview annexation will be considered. Mayor Bauch said that September 5 is the dead line for filing a motion for reconsideration before the Supreme Court in the lawsuit involving LID #28. The City Attorney does not recommend the City take this action. The case has been turned back to the Superior Court for determination as to the value of the Developer's Agreement the City has with Graydon Smith. Mayor Bauch noted that an administrative moratorium had been placed on construction. Attorney Hard has recommended that it be extended to a legislative moratorium based on the health and safety of the area. Mayor Bauch said he would have a resolution prepared for next Tuesday's agenda. The moratorium would be placed on any remaining property. Until the street is upgraded, there will be no additional development. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT HIS ITEM BE PLACED ON THE AGENDA FOR THE NEXT REGULAR MEETING. MOTION CARRIED. Carl J. Carlson, Deputy City Attorney, explained the actions of the Supreme Court. The total value of the LID is the issue. The question is, what is to be included when you fix the total value. The Supreme Court held that the signed Developers Agreements are part of the value of the LID. Through the Agreements, the City is contributing that amount of money. This was sent back to the court to determine what that value is. The law says that any money the City contributes has to be removed from the value. Councilman Harris read the investment report submitted by Ron Swanson, Finance Director. Interest income for the month of July, 1979, amounted to $21,316 on the following activity: Investments Sold: $2,339,000 Investments Purchased: $2,040,000 Councilman Bohrer read a letter from Recreational Equipment, Inc. The letter was to thank the Fire Department for the quick response when one of the sprinkler heads in their building malfunctioned. Councilman Bohrer reminded Council that review of the proposed zoning ordinance will continue Tuesday at 5:00 p.m. Holiday Mayor Bauch reminded Council that Monday is a Holiday. The regular meeting will be held Tuesday the 4th. sst' TUKWILA CITY COUNCIL, REGULAR MEETING August 27, 1979 Page 7 ADJOURNMENT: 8:20 P.M. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. ATTEST: d af. a Mayor y Clerk ss