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HomeMy WebLinkAbout1980-02-04 Regular MinutesTUKWILA CITY COUNCIL February 4, 1980 Tukwila City Hall 7:00 P.M. Council Chambers FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE VOUCHER APPROVAL MINUTE APPROVAL PRESENTATION John Sheets, Police Chief Mayor Todd 7:15 P.M. BID OPENINGS AND AWARDS Bid Award: Foster Golf Course Irri- gation System Regular Meeting M I N U T E S Mayor Todd, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, GEORGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, DANIEL J. SAUL, Council President, GARY L. VAN DUSEN. MOVED BY JOHANSON, SECONDED BY SAUL, THAT COUNCILMAN HARRIS BE EXCUSED FROM THE MEETING. MOTION CARRIED. LAWRENCE E. HARD, City Attorney; JOHN MCFARLAND, Administrative Assistant; RON SWANSON, Finance Director; MAXINE ANDERSON, City Clerk; JOHN SHEETS, Police Chief; DON WILLIAMS, Recreation Supervisor. MOVED BY SAUL, SECONDED BY PHELPS, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Fund Vouchers #5371 #5544 Current Fund Street Fund Federal Shared Rev. Land Acq, Bldg, Dev. Foster Golf Acq. Water Fund Sewer Fund MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE REGULAR MEETING OF JANUARY 21, 1980, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HILL, THAT THE AGENDA BE AMENDED TO ALLOW A PRESENTATION. MOTION CARRIED. Mayor Todd presented Police Chief John Sheets an award of recognition for his attendance and graduation from the 116th Session of the F.B.I. National Academy. Chief Sheets is the first Tukwila employee to attend the academy. On behalf of the City Council, Council President Saul presented Mayor Todd with a board and gavel for him to use to call the meetings to order. These items were made by Councilman Van Dusen. Councilman Harris arrived at the meeting. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL ACCEPT THE BASE BID AND ALTERNATE #1 AS SUBMITTED BY OHNO CONSTRUCTION, THE LOW BIDDER.* Don Williams, Parks and Recreation Department, five bids were received as follows: NAME Ohno Construction Paul Brothers Zblewski Const. Frontier Landscaping Iliad, Inc. 5371 -5502 5504 -5515 5503- 5516 -5518 5519 -5520 5521 -5534 5535 -5544 ALT. #1 $36,855.00 40,000.00 40,961.70 53,143.00 53,119.50 $27,567.50 3,795.07 1,407.96 688.73 786.25 13,825.37 7,093.44 $55,164.32 ALT. #2 $41,516.00 38,000.00 38,434.50 46,308.32 46,872.00 reported that BASE BID $143,208.00 151,000.00 153,158.50 147,393.93 159,390.00 de063 TUKWILA CITY COUNCIL, REGULAR MEETING February 4, 1980 Page 2 BID OPENINGS AND AWARDS Cont. Foster Golf Course Irrigation System (cont.) PUBLIC HEARINGS Chartwell Development Co. The existing irrigation system at the Golf Course is very old. It does not provide an adequate amount of water to keep the Course green. The system, as proposed, will provide a 10 to 12 hour watering cycle on all of the holes except 11, 12, 13, 14, and 15. These holes were included in Alternate #2, but can be watered with the existing system,therefore, the recommen- dation is to leave them out of the bid. The new system will be computerized, pumping from 300 to 600 gallons of water per minute from the Green River. If Council approves the bid award this evening, we will proceed to have the contract signed and start construction. The contract is for 75 work days. We hope to have the project completed prior to the heavy golf season, but golf play will continue through the construction period. Along with the base bid and Alternate #1, Council has been asked to consider two additions: (1) adding the capability of changing the watering time to a 10 -hour cycle (est. cost $8,000); (2) add syringing potential for the fairways (est. cost $1,000). They are asking Council to approve $189,063 to the project plus approximately $10,000 for contingencies. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE MOTION BE AMENDED TO INCLUDE THE TWO ADDITIONAL ITEMS. MOTION CARRIED. *MOTION CARRIED AS AMENDED. a66y Mayor Todd asked anyone wishing to comment on the Draft EIS for the project titled "Tukwila City Center" as proposed by the Chartwell Development Company to please sign the speaker list. Speakers will be called in the order signed in. The Public Hearing is being called as the result of a petition the City received signed by approximately sixty employees of the Boeing Company. This is in accordance with the State Law. This Public Hearing is being recorded verbatim by Diane Attleson, Court Reporter, 444 Central Building, Seattle, WA 98104. Scott Salzer, 14648 llth S.W., addressed the wildlife issue brought forth in the Draft EIS. The EIS states "The variety and productivity of the site are unmatched on any comparably sized site in the Green River Valley or the Greater Seattle area." The EIS does not address this clearly. It does say two thirds of the site will be altered for buildings or parking. The remaining eleven acres will be altered drastically. He has been visiting the site since 1974 and has observed eighty species of birds. Randy Coplen, President of the Tukwila Chamber of Commerce, stated the land is very valuable, so the opportunity to properly develop it should be clearly understood. There are many questions that still need further consideration--trans- portation, fire control, ecology and others. He requested that the business community along with the Industrial Council be given time to study the Chartwell Proposal. He asked the City to consider the long range transportation problems that are anticipated. Even without the Chartwell Development, these are very severe problems. Ronn Griffin, 16052 46th South, said he agrees with the comments on the wildlife pond. That area is currently utilized by "wildlife." The development, as proposed, would change it to more of a domestic duck pond. The pond should have a minimum of public access and set up so the wildlife really has a chance to use it. He suggested a full year of study, during all seasons, to catalog the use of the pond. Traffic is already a problem of the area and this project will create a 20% to 40% increase. TUKWILA CITY COUNCIL, REGULAR MEETING February 4, 1980 Page 3 PUBLIC HEARING Cont. Chartwell The present road system is not equipped to handle this. The Development Co. EIS addressed the constant rate of traffic flow. It did not address the effects of idling time or delay which have very significant impacts on the amount of air emissions from the automobiles. He expressed concern over water flow and retention and where was it going to go once the site was developed. Marcelle Regel, 14201 56th South, asked where these people were during many meetings when Chartwell explained everything that has been brought up tonight. If people would come to Council Meetings and know what's going on, the attitude might be different. The December 23rd paper showed a complete layout. They presented their plans with films and charts, and we all understand it. David V. Galvin, Seattle Audubon Society, said he seconds what speakers have previously said concerning the wildlife. This site is a wildlife site of regional significance. This pond didn't exist previous to the development around it. Because of the development, the area was left with a large significant wetland that the wildlife use extensively. The discussion in the Impact Statement, particularly on the wildlife of this site is not only inadequate but hardly exists. It is important before a development of this magnitude occurs that an adequate job is done in assessing what is going to happen. SEPA requires that you produce an adequate assessment of the potential impacts of any actions on the environment before you go on to decide on the proposal. He said he felt this document is an insult to the intelligence of those people reviewing it. Jerry Escalante, 17542 S.E. 133rd, Renton, said he was addressing the Air Quality impact of this Draft EIS. It is very inadequate. It does not address the true impact related to the Clean Air Act of 1977. It does not basically run through the guidelines as outlined in the EPA Doctrine. The CEQ regulations outline wetlands which is not addressed. If you take away certain wetlands you have to replace them. The Shopping Center does not provide for inner building transportation to avoid having to move vehicles. The EIS does not address the background concentrations of emissions into the air. Also, how are you going to handle the additional traffic. The area is already congested during peak hours. James M. Wells, Washington State Department of Transportation, read a letter from Robert S. Nielsen, Assistant Secretary for Public Transportation and Planning. In the letter he states that the State Transportation facilities in this area are already overloaded. This project will place a burden on the facility that will be intolerable. The Department recommends that the City of Tukwila and the developer make appropriate arrangements for funding and improvements that may be needed as a result of traffic generated by this proposal. Any improvements to state facilities needs to satisfy the Clean Air Act and the State Implementation Plan. George W. McBroom, Attorney for Southcenter Shopping Center, noted that all of the 17 written responses received on the EIS agree that more responsible data is needed. He said he believes this renders the Draft EIS and any Final EIS indefensible. The defendent in such an action would be the City of Tukwila. Another new fact is the zoning aspect of the Chartwell proposal. They do not believe that C -M zoning is proper zoning for a regional shopping center development of 800,000 square feet of space. They believe that the cascading affect of the present zoning code permits C -1 (neighborhood retail uses) in a C -M zone and C -2 (local retail uses) in a C -M zone, but does not permit TUKWILA CITY COUNCIL, REGULAR MEETING February 4, 1980 Page 4 PUBLIC HEARINGS Chartwell Development Co. (cont.) RECESS: 8:00 p.m.- 8:05 p.m. CITIZEN'S COMMENTS George W. McBroom, Attorney Fire Siren Cont. C -P (planned business center) in the C -M zone. If it were intended that the C -P be allowed in the C -M zone they would have required parking standards to be the same. Southcenter is required to have 5.5 parking stalls per thousand square feet of retail space rather than 2.5 stalls permitted in the C -M zone. On September 13, 1979, Planning Staff reached the same inter- pretation of the code. Then, on November 16, 1979, the Planning Director reversed the decision and said that the use proposed by the developer can be made in the C -M zone. These two opinions are in conflict. On January 20, 1980, the Planning Director ceased to be the responsible city official for the processing of the DEIS. If the DEIS had been processed as I feel it should have been, there would have been much more data available. Then, on February 1, 1980, the newspaper says that the Planning Director is to become an employee of the developer. The Planning Director then recommends that the two conflicting opinions on zoning be reviewed by the Mayor or the Board of Adjustment. I believe that this determination must be made before proceeding further. David V. Galvin asked the City Council not to accept the Draft Impact Statement and to ask the developer to go back and re -do the sections of this document to make them adequate under state law. John Griffin, 16052 46th South, suggested the City of Tukwila pay for the Environmental Impact Statement to get it off the ground one way or another. Mayor Todd informed the audience that copies of the Environmental Impact Statement are available from the Planning Department for $4.00. Councilman Bohrer said he received one call from a citizen who objected to the name of the project Tukwila City Center. The use of "City" denotes a municipal meaning and he felt the name of the project should be changed. There being no further comment, Mayor Todd closed the Public Hearing. MOVED BY HILL, SECONDED BY SAUL, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE ITEM BE PLACED IN THE PUBLIC WORKS COMMITTEE. MOTION FAILED. Mayor Todd called the Regular Meeting of the Tukwila City Council back to order with Council Members present as previously reported. George W. McBroom, Attorney representing Southcenter Shopping Center, said during the recess he talked with Mr. Keith Cinnamon and Mr. Chauncey of Chartwell Development and was informed that the Planning Director is not an employee of their company. Mr. McBroom said it is to the Planning Director's credit that he raised the question on the conflicting interpretations and suggested a process of resolution. Councilman Bohrer reported he has received a number of calls concerning the activation of the Fire Siren in the residential area. The siren does wake people up at night. He requested that the siren be turned off at night and that a solution to this problem be reconsidered again at a later date. He requested that this item be put in Public Works Committee for further consideration. TUKWILA CITY COUNCIL, REGULAR MEETING February 4, 1980 Page 5 CITIZENS COMMENTS Fire Siren (cont.) PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Budget Transfer Motion #80 -1 Budget Transfer Motion #80 -2 Cont. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE SUBJECT OF THE FIRE SIREN BE PLACED IN THE COMMUNITY AFFAIRS COMMITTEE. MOTION CARRIED. Councilman Van Dusen recommended that the Committee hold a Public Hearing. Budget Transfer Motion No. 80 -1 is to transfer $110,000 from the Roadway Construction Fund (103/541.30.63.16) to allow for the Street Widening Project on Southcenter Parkway. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL APPROVE BUDGET TRANSFER MOTION NUMBER 80 -1.* *MOTION FAILED. c)66 7 Councilman Bohrer asked what becomes of the 1980 Street Improve- ment Project if $110,000 is transferred out? He further asked if the City is in possession of the deeds and easements required for this project. Attorney Hard reported that he is working on it and should have them signed by the end of this week. Councilman Bohrer noted that there were still some unanswered questions and it will take a period of time before the project can be started. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE MOTION BE AMENDED TO INCORPORATE ONLY THE $13,000 ($3,000 FOR PRELIMINARY ENGINEERING AND $10,000 FOR CONSTRUCTION ENGINEERING TO GET THE PROJECT MOVING.) Councilman Saul said the engineering was done in house and the project is ready to go to bid. Councilman Harris asked why engineering is included in the Budget Transfer if it has already been done in house. Councilman Bohrer said that $27,000 had been stated as the project costs and asked why the costs have increased so much. Councilman Hill asked if it would jeopardize the project to delay this two weeks. *MOVED BY HILL, SECONDED BY HARRIS, THAT THIS ITEM BE TABLED FOR TWO WEEKS.* ROLL CALL VOTE: 4 YES: BOHRER, HARRIS, HILL, JOHANSON 3 NO: PHELPS, SAUL, VAN DUSEN *MOTION CARRIED. Budget Transfer Motion Number 80 -2 to allow transfer of $9,000 from propane conversion (199/519.91.12) to allow for the purchase of a 3/4 ton pickup to be used for towing Fire Department trailers. MOVED BY SAUL, SECONDED BY HILL, THAT BUDGET TRANSFER MOTION 80 -2 BE APPROVED AS REQUESTED.* Councilman Bohrer noted that Council had approved money for the propane conversions but had requested a study be made prior to any conversions. This motion takes funds from that allotment for the purchase of an unbudaeted vehicle. He said he would prefer to have the conversion study done before spending the money. The Fire Department does have a vehicle they can use. TUKWILA CITY COUNCIL, REGULAR MEETING February 4, 1980 Page 6 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Budget Transfer Motion #80 -2 (cont.) Budget Transfer Motion #80 -3 ORDINANCES Ordinance #1142 Amending the 1979 Budget Ordinance #1143 Extending the loan period on LID #28 Proposed Ordinance Vacating a portion of 53rd Ave. So. RESOLUTIONS Councilman Van Dusen said the money has to come from somewhere if the vehicle is to be purchased. Ron Swanson, Finance Director, said if it is going to be purchased from the Revenue Sharing Fund, then something else has to be cut because that is a limited source. He suggested the possibility of using unanticipated sales tax money. Councilman Hill said the money for the propane conversion could come from another fund if the Committee decides that is the way to go. *MOTION CARRIED WITH BOHRER VOTING NO. Budget Transfer Motion Number 80 -3 provides for the transfer of $5,000 from the Construction Projects (301/533.50.65) to allow for roof repair at the Community Center. MOVED BY SAUL, SECONDED BY HILL, THAT BUDGET TRANSFER MOTION NUMBER 80 -3 BE APPROVED AS REQUESTED. MOTION CARRIED. MOVED BY SAUL, SECONDED BY BOHRER, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read, by title, an ordinance of the City of Tukwila, amending the 1979 budget as adopted by ordinance No. 1090 to appropriate unanticipated revenues for the water fund. MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE NO. 1142 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY SAUL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read, by title, an ordinance of the City of Tukwila, Wash., extending the loan period on LID #28 and amending Section 1 and 2 of Ordinance No. 1070. MOVED BY SAUL, SECONDED BY HARRIS, THAT ORDINANCE NO. 1143 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read, by title, an ordinance of the City of Tukwila vacating a portion of 53rd Avenue South adjacent to Interstate Highway 5. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilman Harris said she could not find how much Mr. Watkins would pay for the property. Councilman Saul reported that he had tried to reach Mr. Watkins but was unable to. He wanted to find out the proposed use for the property. He visited the property and it is very noisy. Attorney Hard suggested the ordinance be tabled and that he would re -draft it. *MOVED BY HILL, SECONDED BY JOHANSON, THAT THIS ITEM BE TABLED. MOTION CARRIED. Resolution #710- MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION Accepting donations BE READ. MOTION CARRIED. for the Senior Citizens Program TUKWILA CITY COUNCIL, REGULAR MEETING February 4, 1980 Page 7 RESOLUTIONS Cont. Resolution #710 accepting donations for the Senior Citizens Program (cont.) DEPARTMENT REPORTS Mayor's Report Gene Ives, Tukwila resident Mrs. Regel, 56th Ave. So. City Attorney's Report City Attorney Hard read, in its entirety, a resolution of the City of Tukwila, Washington, accepting donations for the Senior Citizen's Program, Department of Parks and Recreation. MOVED BY SAUL, SECONDED BY HARRIS, THAT RESOLUTION NO. 710 BE ADOPTED AS READ. MOTION CARRIED. Mayor Todd reported that the Mayor, Council and Department Heads held a work session on Saturday to discuss the goals for 1980. They also attended a question and answer period with Congressman Mike Lowry. Mr. Gene Ives, 56th Avenue South, said he was here to complain about the street project on 56th Avenue South. It was a very poor job. He is disappointed in the Public Works Department who promised that they would keep the citizens informed, and there was no one from the Department around. He has always maintained a first class house and nice yard. They came to the first two meetings and were told the grade in front of the house would not change, then they lowered it about two feet and then left it. He is upset about it and feels he is entitled to some help. Also, on his street, there is an old pickup with a for sale sign parked the wrong way on the steet,and on South 144th there is an old car that has been parked there for about three months. What is the matter with the Police Department? Why aren't these cars hauled away. Public Works Committee agreed to meet with Mr. Ives Wednesday at 5:00 p.m. Mrs. Regel, 56th Avenue South, said the contractor on the street project did not know how to build rock walls. The rockery on the corner of her property has fallen for the third time. The sidewalk has not been repaired, the sod at the top of the rockery is dead, and she has filed a complaint over the possibility of losing the walnut tree. It is wrong to award a contract to the lowest bidder unless he is accomplished. Nobody knows what the people along 56th Street have gone through in the past ten months. Mayor Todd offered that the Public Works Committee would also look at her property on Wednesday. City Attorney Hard reported that the past month has been spent on city matters with the Department Heads. The Mayor is working actively to resolve the problems on LID #28. The Chartwell Project will continue to require some of his time. The annexation problem has also taken time. He met with the Director of the Boundary Review Board and their attorney to resolve some problems. Friday morning the County Council passed a resolution setting the election for the Crestview area. Councilman Bohrer asked about the question raised on the final approval for annexations. Attorney Hard said that when the resolution accepting the petition for annexation was passed by the City Council, because of the way it was worded, it can no longer be sent back to the Council for action. Once an annexation is approved by the Boundary Review Board, the County Council sets the date for an election of the voters. Then, the Tukwila Council must pass an ordinance based on the results of the election. Councilman Bohrer said, based on this, the Council has been deprived of the opportunity to consider the annexations. Council understood that they were accepting the petitions and would later have the opportunity to approve them. Councilman Johanson agreed that he expected to get an opportunity to comment and vote on the acceptance of the annexations. Councilman Hill TUKWILA CITY COUNCIL, REGULAR MEETING February 4, 1980 Page 8 DEPARTMENT REPORTS Cont. City Attorney's Report (cont.) EXECUTIVE SESSION 9:20 p.m. MOVED BY HILL, SECONDED BY HARRIS, THAT COUNCIL TAKE A TEN MINUTE BREAK BEFORE GOING INTO EXECUTIVE SESSION. MOTION CARRIED. ADJOURNMENT said they were told that after it was approved by the Boundary Review Board they would have the chance to gather information and find out about the area. Attorney Hard said, from what he could find out, the City may have been given the wrong advice by the Boundary Review Board. He believes that it could be written into a resolution accepting a petition for annexation the proviso that would give the City the chance to review it once the Boundary Review Board has approved it. Councilman Bohrer said the unfortunate thing about this is that Council thought they were going to have the chance to debate the merits of the annexation. They would have a chance to call a public meeting of the citizens of the town to get their input. And, now, that opportunity is being denied. It was suggested that the Council President write an article for the next issue of the Hazelnut concerning the annexations. Since Suburban Mayor's Meeting is Wednesday, it was decided to meet with Mr. Ives the following week. Executive Session held to discuss the labor negotiations with Teamsters Local 763, Tukwila Maintenance Crew. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. 9:35 p.m. MOVED BY HILL, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. r1 d Mayor e.).6-1