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HomeMy WebLinkAbout1980-05-19 Regular MinutesMay 19, 1980 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 Set Bid Opening Date: Signal Poles Mast Arms and Traffic Signal Controller Cabinet APPOINTMENTS Board of Adjustment Check Wetzler, Position #2 CITIZEN'S COMMENTS Chartwell Development TUKWILA CITY COUNCIL Regular Meeting MINUTES Mayor Todd, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, f1ABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, DANIEL J. SAUL, Council President, GARY L. VAN DUSEN. LAWRENCE E. HARD, City Attorney; MARK CAUGHEY, Acting Planning Director; JOHN MCFARLAND, Administrative Assistant; TED UOMOTO, Public Works Director; MAXINE ANDERSON, City Clerk. MOVED BY HILL, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF MAY 5, 1980 BE APPROVED AS PUBLISHED. MOTION CARRIED. Claims Fund Vouchers #6480 #6635 Tukwila City Hall Council Chambers MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Current Fund 6480 -6575 44,082.32 Golf Crse. Spec. Rev. 6576- 11,788.74 Street Fund 6577 -6592 13,542.67 Federal Shared Rev. 6593 -6596 449.89 Land Acq, Bldg, Dev. 6597 -6598 7,728.83 Foster Golf Acq. 6599- 200.00 Water Fund 6600 -6613 7,579.49 Sewer Fund 6614 -6627 15,038.04 Firemen's Pension 6628- 148.00 L.I. Guarantee 6629 -6635 906.98 $101,464.96 LID 25 C87 thru C90 $2,185.21 No Rev. Warrant /Bonds Sold MOVED BY SAUL, SECONDED BY HILL, THAT BIDS BE OPENED ON JUNE 9, 1980 AT 10:00 A.M. AND 10:30 A.M., RESPECTIVELY FOR THE PURCHASE OF TRAFFIC SIGNAL CONTROLLER AND CABINET AND THE PURCHASE OF SIGNAL POLES AND MAST ARMS.* Signal to be installed at Tukwila Pkwy.and Andover Park West. *MOTION CARRIED. Mayor Todd's letter of May 13, 1980 recommends the appointment of Mr. Charles Wetzler to the Board of Adjustment, Position #2 which expires December 31, 1983. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL CONCUR WITH THE MAYOR'S RECOMMENDATION OF MR. CHARLES WETZLER TO THE BOARD OF ADJUSTMENT. MOTION CARRIED. Mr. Scott Salzer, 14648 llth S.W., Seattle, 98166, recommended that the City request Chartwell to submit a detailed E.I.S before development of the Tukwila Pond Site. The draft E.I.S. is inadequate. The City has the right to know the long term and short term effects of a project of this magnitude. He expressed further concern about the drainage work done last week on the northwest corner of the site. This was done without acceptance of an E.I.S. or adoption of appropriate zoning or commitment of the City Council. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 2 CITIZEN'S COMMENTS Chartwell Development (cont.) Cont. Ms. Lorna Campion, Seattle Audubon Society, referred to a letter delivered to Council by the Audubon Society. The letter states: "We believe that a vote to amend existing Resolution #656 at the May 19th council meeting would violate state law." It is their feeling that to amend the Resolution without proper environmental study is not in compliance with the SEPA require- ments. She said she is also concerned with the drainage that occurred. This was done without an hydraulics permit. The Game Department is on record as having told the City Council that to do any work on the site would require a hydraulics permit. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Formal Motion No. 80 -4: Establishing the policy position for the Chartwell Development MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED FORMAL MOTION BE READ. MOTION CARRIED WITH JOHANSON VOTING NO. City Attorney Hard read, in its entirety, a Formal Motion of the Tukwila City Council establishing the policy position for the Chartwell Development. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT FORMAL MOTION NO. 80 -4 BE APPROVED AS READ.* Councilman Harris said she could see no reason for Section C. Why are we bringing up the City Light Lawsuit in regard to the policy concerning the development of the Chartwell Develop- ment. It is moot and should be eliminated. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE FORMAL MOTION BE AMENDED BY ELIMINATING SECTION C. Councilman Hill noted that the City Light Lawsuit is not dead, it is not moot, it is still active. It was the Council's intention to not have everybody giving an opinion on the lawsuit. They should all be channeled through one place. The administration, through the City Attorney, will determine what statements are to be made. Councilman Harris said she can't see where it has anything to do with the development. Councilman Johanson noted that some Council Members thought the City Attorney should be the spokesman. This does not say that the Mayor will speak upon the advice of the City Attorney. It says the Mayor will be the spokesman. Attorney Hard said it is not necessary to have a clause like Section C. Regardless of any Council policy, when an active lawsuit is involved, the City Attorney has to be the spokesman. He said he agrees with Councilman Harris' motion. Councilman Bohrer noted that the policy, as it was originally drafted, made the City Attorney the spokesman for matters relating to the City Light Lawsuit and this particular site. The lawsuit still exists. The City Attorney is the City's legal expert. It was the intent to have him the spokesman for the City. I11- considered statements by a City spokesman can do irreparable damage to the City's legal position. Whoever the spokesman is, he should be able to speak with full knowledge of what the law is and what the legal consequences of his statements are. Also, the City Council has the responsibility to settle lawsuits or authorize contracts to be signed in other matters. This issue should be clarified and the City Attorney named as spokesman. The Council has the responsibility to determine: (1) The basis of action. (2) To say who will conduct those actions. (3) To say who will speak for the Council and the City. The previous wording did not infringe on the legal powers of the administration. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Formal Motion No. 80 -4: Establishing the policy position for the Chartwell Development (cont) Bestway Truck Terminal Waiver Request (So. 143rd at river) If Council wants the legal expert to speak on legal matters, they should be able to do that. This is just and proper to adequately safeguard the City's legal interest. He asked the City Attorney if Council can designate the spokesman on legal matters. Attorney Hard said the state statute that creates the position of City Attorney declares that the City Attorney shall be responsible for the legal business of the City. He said he wants to avoid having the City handle legal matters on an ad hoc basis. The general policy of the City is that any matter which is in litigation, in which the City Attorney is representing the City, he /she has to be the spokesman. The obligation of the City Attorney is to report both to the Mayor and the City Council. Councilman Harris said Section C is redundant in the policy. It has nothing to do with the development; it ought to be eliminated. *MOTION CARRIED. *MOTION CARRIED WITH JOHANSON AND VAN DUSEN VOTING NO. Mark Caughey, Acting Planning Director, explained that Bestway Motor Freight, Inc. of Seattle has filed application to develop a truck terminal at the easterly terminus of South 143rd Street adjacent to the Green River. A waiver from the provisions of Ordinance #1137 is necessary due to the environmentally sensitive nature of the project site's riverbank wetland frontage. Mr. Thomas Walsh, Attorney representing Bestway Motor Freight, called attention to his letter to the City Council dated May 12 and 14. Their proposal was developed in reliance on the existing comprehensive plan, policies and map; on the existing zoning; and on the proposed zoning that is now being considered by the Planning Commission. They allow this type of use in the Light Industrial Zoned District. He enclosed a list of expenses they have undergone thus far as well as the estimated losses that will be incurred if the waiver is denied. Mr. Walsh spoke on each of the criteria to be voted on by Council: Criteria #1 Whether the proposed action represents a unique condition. Their answer is yes, it does offer unique benefits. It offers a stable, established business with a tax base to add to the City as well as the employment opportunities for Tukwila residents. At the same time it offers the City the opportunity to do as it wishes with the 40 -50 feet of shoreline. This is a different type of proposal because they committed themselves to this site before there was a proposed change in land use being considered. Criteria #2 Is it significant in scale? No, it is not different in height or bulk from the surrounding uses. The entire street is in light industrial use geared toward the trucking industry. Criteria #3 Are there any reasonable alternatives which are available that would not require a waiver? Their waiver is re- quired because they are on the shoreline. If this is true, there are no other reasonable alternatives because they are committed to this particular site. Criteria #4 If this is an area designated as a high natural amenity or development constraint are sufficient mitigating measures provided? It is unclear if they are located in an area of constraint. The environmental base map is unclear. If they are they will do whatever the City wants, as long as it is reasonable, in the 40 -50 foot segment next to the water. Criteria #5 Is the request for waiver consistent with the goals and policies of the comprehensive plan? His May 12th letter goes TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 4 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Bestway Truck Terminal Waiver Request (So. 143rd at river) into detail how this proposal is exactly what the Comprehensive Plan envisions for this area. Therefore, it is very consistent. Criteria 6 Do the requirements of this waiver ordinance impose a special hardship to the site? If the waiver is denied, it definitely is a hardship. Criteria #7 Would a grant of the waiver necessitate a major policy commitment prior to the adoption of the new zoning ord- inance and map? They believe it will not set a precedent. If Council wishes to change the zoning in the area, the question is still open once their application is approved because they have already made a substantial commitment. Councilman Hill asked if Bestway has refrigerated trucks and Mr. Frederick Meine, General Sales Manager for Bestway, said they have no refrigerated trucks. Councilman Van Dusen asked what kind of trucks and how many. Mr. Meine said their daily operation would be approximately 18 trucks operating from 6:00 a.m. to 6:00 p.m. The evening schedule would be approximately 12 trucks (departure and arrivals) until 6:00 a.m. Mr. Walsh assured Council that at no time are there more than three trucks coming or going at a given hour. Councilman Van Dusen asked the size of the trucks and was told they are pickups and large tractor, trailer trucks. Councilman Van Dusen asked if this proposal allows for expansion. Mr. Meine said the proposal includes their planned expansion for the next 10 to 12 years. This could include a 15% increase in the fleet in the next 10 years. Councilman Johanson clarified that the pickup trucks are 2 1/2 ton with a covered bed; Mr. Meine agreed. Councilman Bohrer asked for a description of the proposed development. Mr. Walsh said the proposal is two buildings. A two story office structure (2,000 sq. feet on each floor) to the front with the dock and storage area to the rear (136'x36'). The other structure is the shop with about 4,200 square feet. Mr. D. J. Landsem explained the material to be used and the proposed construction of each building. Councilman Bohrer asked what percent of the site will be paved. Mr. Landsem said basically all of it will have to be paved. Councilman Bohrer asked if the detailed drawings are ready. Mr. Walsh said no, that is the next step. Councilman Bohrer asked their estimated time to construct. Mr. Walsh said he has been advised seven months. Councilman Bohrer asked the size of the property and was told 120,000+ square feet. Mr. Walsh noted letter furnished to Council from Bertwell Industries, Inc. and Oak Harbor Freight Lines, Inc. supporting their proposal. He also has a letter from Alaskan Campers Northwest, Inc. approving the planned use of the Bestway property and a letter from Transequip, Inc. opposing the down zoning of the property in this area. Mr. Andrew Rogers, owner of Alaskan Campers, asked to go on record that they feel they would be hurt if Bestway did not develop their property and Bestway would be hurt if they were not allowed to develop on this site. He asked that the Council offer a favorable opinion on the proposed waiver for a freight terminal. Mr. Andrew Lewis Rogers III, officer in Alaskan Campers, 6410 South 143rd, said he is in favor of granting the waiver to Bestway. Mr. Milton Young, President of Southcentral Construction, said he is in favor of Bestway Motor Freight moving in. The new pro- posed zoning for his property will make it worthless. Bestway will help clean up the area andh not concerned about truck noise. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Bestway Truck Terminal Waiver Request (So. 143rd at river) (cont.) Criteria #1 Criteria #2 Criteria #3 Mr. Jerry Knutson, owner of Green River Construction, said he has been a resident of the community for quite a few years. There were substandard roads with no sidewalks. The flats were always looked down on and they were the "lower Tukwilaites." Some of these people that invested their time and money will be cheated if the City does not consider their proposal and give them a fair shake on this. All of a sudden, we have come from a neglected industrial area to an area that you want to beautify and not allow trucking and construction. He said he strongly supports Bestway Trucking and that Council consider their plan and the whole area down there which is zoned light manufacturing and that it be left light manufacturing. Mr. Walsh said they respectfully request that Council approve their waiver. Mayor Todd read Criteria #1 Does the proposed action represent a unique condition? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #1.* Councilman Bohrer said the applicant said his proposal provides unique benefits. The property is not unique because there is other property along the shoreline in the neighborhood which is in the same category as this particular property. ROLL CALL VOTE: PHELPS NO JOHANSON NO HARRIS NO BOHRER NO SAUL NO VAN DUSEN NO HILL NO *MOTION FAILED. Mayor Todd read Criteria #2 Is the proposed action significant in scale? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #2.* ROLL CALL VOTE: JOHANSON HARRIS BOHRER SAUL VAN DUSEN HILL PHELPS *MOTION CARRIED. c=27g/ YES, it is significant in scale when you consider the amount of black top area. YES, it is significant in scale because it will have a great deal of traffic and create a great deal of noise. YES YES YES, because of the traffic. YES NO Mayor Todd read Criteria #3 Has the applicant shown that no reasonable alternatives are available which would not require a waiver? MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA #3.* ROLL CALL VOTE: HARRIS NO, because I don't believe they have looked at others, BOHRER NO SAUL N/A VAN DUSEN N/A HILL NO PHELPS YES JOHANSON NO TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 6 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Bestway Truck Terminal Waiver Request (So. 143rd at river) (cont.) Criteria #4 Criteria #5 Criteria #6 *MOTION FAILED. Mayor Todd 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? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #4.* ROLL CALL VOTE: BOHRER SAUL VAN DUSEN HILL PHELPS JOHANSON HARRIS *MOTION FAILED. NO NO YES YES, they are aware there is an environmentally sensitive area and they are willing to do some- thing about it. NO, no provisions on the site plan for screening, landscaping or drainage. NO, concerned about the black top runoff and he has seen no provisions. NO, nothing has been presented to show what is going to happen to the runoff. Mr. Walsh said he felt there were some misunderstandings here. The point they want to make about the area along the shoreline is that they want to do whatever is imposed as the conditions by the City. As far as the runoff is concerned, they are willing to put in whatever is necessary to provide clean runoff into the river. They have already investigated skimmers. Mayor Todd read Criteria #5 Is the request for waiver consistent with the goals and policies of the comprehensive land use policy plan? MOVED BY SAUL, SECONDED BY PHELPS, THAT COUNCIL VOTE YES ON CRITERIA #5.* ROLL CALL VOTE: SAUL YES VAN DUSEN YES HILL YES PHELPS YES JOHANSON YES HARRIS YES BOHRER NO, the applicant hasn't bothered to rebut the goals and policies that are not consistent. *MOTION CARRIED. Mayor Todd read Criteria #6 Do the requirements of this waiver ordinance impose a special hardship to this site? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #6.* ROLL CALL VOTE: VAN DUSEN YES HILL NO PHELPS NO JOHANSON NO HARRIS NO BOHRER NO SAUL YES *MOTION FAILED. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 7 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Bestway Truck Terminal Waiver (cont.) Criteria #7 MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #7.* RECESS: 8:35 P.M.- 8:45 P.M. ORDINANCES Ordinance #1157 Establishing a Leash Law Mayor Todd read Criteria #7 Would a grant of the waiver necessitate a major policy commitment prior to the adoption of the new zoning ordinance and map? ROLL CALL VOTE: HILL NO PHELPS NO JOHANSON YES HARRIS YES BOHRER NO SAUL NO VAN DUSEN NO *MOTION FAILED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE PRELIMINARY WAIVER BE APPROVED AS SUBMITTED.* ROLL CALL VOTE: Councilman Bohrer noted that, of the 7 Criteria, Council voted to fail on #1, #2, #3, #4, and #6 and to pass on #5 and #7. If we vote to approve the waiver, there should be some discussion on why we voted that way. PHELPS JOHANSON HARRIS BOHRER SAUL VAN DUSEN HILL *MOTION CARRIED: 4 YES; 3 NO. a744" YES, my concerns will be addressed by the staff and also by the Planning Commission. NO, based on the voting on the check list. NO, staff has recommended the waiver be denied. NO, for the previous reasons I have given. YES. YES, I still have a problem with the noise and I was looking for a different type of development, but with the number of trucks and no refrigerated vehicles and you are willing to work with the City- I vote yes. YES, the Planning Commission will get some of the answers to my questions and I trust them. The main thing that concerns me is turning that area into one big truck terminal. Other industries should go down there. That street is going to be crowded. Mayor Todd declared a five minute recess. Mayor Todd called the regular meeting of the City Council back to order with all members present as previously reported. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Wash., establishing a leash law and amending ordinance No. 968 (TMC Chapter 7.04). MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE NO. 1157 BE ADOPTED AS READ.* TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 8 ORDINANCES Cont. Ordinance #1157 Establishing a Leash Law (cont.) Ordinance #1158 Relating to the installation, maintenance, repair of side- walks Ordinance #1159 Establishing green fees charged at Foster Golf Links Carl Carlson, Deputy City Attorney, explained that the ordinance, as written, says that dogs have to be on a leash at all times and it also applies to other animals who are on public property or if they are of a vicious nature. Councilman Johanson asked if there is a fee charged if a cat is picked up. Attorney Carlson said it is written in the ordinance. *MOTION CARRIED WITH HARRIS AND JOHANSON VOTING NO. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Wash., relating to the installation, maintenance and repair of sidewalks and adding to Tukwila Municipal Code Title 11 and repealing Ordinance No. 1025. MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE NO. 1158 BE ADOPTED AS READ.* °z 7 ij 7 Deputy City Attorney Carlson, reporting on Section 2 -B, said it is the section that imposes, on the abutting property owners, the responsibility to maintain the sidewalk. The question was raised whether or not the City could be liable if they were to adopt this law and then not enforce it. The answer is yes. The City is presently liable for all public sidewalks. This is not the case with sidewalks on private property. If the City is concerned about increasing its exposure to liability for personal injury, the City could declare, by law, that the abutting property owner is also liable for any personal injury that results. Without any special law, the City is required to maintain good, safe sidewalks. In order for the City to be liable, the City would have to be aware of the defect and the defect would have to be of such a nature that a reasonable person would consider it dangerous. Councilman Hill said he is concerned about the old sidewalks in the City and making the property owner liable to fix it. This doesn't seem equitable. Councilman Harris called attention to the condition of the sidewalks along Interurban. The citizens should not have to replace them. Mayor Todd asked if the 8 foot sidewalk requirement is necessary. Councilman Harris said she didn't think so, the Corridor Study shows a narrow sidewalk. Councilman Van Dusen said that the question was raised as to when the City is going to remove the grass from the cracks in the side- walks. This is part of the abutting property owner's responsibility. Mayor Todd asked how you control an unenforceable ordinance. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE ORDINANCE BE AMENDED BY DELETING SECTION 2 -B. *MOTION CARRIED WITH SAUL VOTING NO. *MOTION CARRIED. Councilman Phelps reported on the discussion from the last meeting. She said Mr. Roy Moore of Golf Management said that the reduction in the Junior and Senior Green Fees could reduce the operating revenue to the Golf Course by $10,000 per year. He said he would have detailed financial reports for the year of 1980 by month. Councilman Phelps requested that Council adopt the ordinance as it has been revised and have the Committee consider any further revisions after the financial reports are received. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED WITH BOHRER VOTING NO. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 9 ORDINANCES Cont. Ordinance #1159 Establishing green fees charged at Foster Golf Links (cont.) RESOLUTIONS Resolution #735 Accepting the 1980 -82 Labor Contract nego- tiated with the Firefighters Union Resolution #736 Guidelines for development of the City Light Site City Attorney Hard read, in its entirety, an ordinance of the City of Tukwila, Washington, establishing green fees charged at Foster Municipal Golf Links. MOVED BY PHELPS, SECONDED BY SAUL, THAT ORDINANCE NO. 1159 BE ADOPTED AS READ. MOTION CARRIED. Mayor Todd noted that there were a number of employees present representing the Firefighters to hear discussion on the Labor Contract. MOVED BY SAUL, SECONDED BY PHELPS, THAT THE AGENDA BE AMENDED TO CONSIDER ITEM 10c AT THIS TIME. MOTION CARRIED. MOVED BY SAUL, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution accepting the 1980 through 1982 Labor Contract Agreement negotiated with the International Association of Firefighter's Union Local No. 2088 representing Tukwila Firefighters. MOVED BY HILL, SECONDED BY HARRIS, THAT RESOLUTION NO. 735 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Wash., repealing Resolution #656 and specifying general guidelines for development of that 38.9 acre parcel at the southwest corner of Strander Blvd. and Andover Park West commonly referred to as the "City Light" or "Tukwila City Center (Chartwell)" site. MOVED BY SAUL, SECONDED BY HARRIS, THAT RESOLUTION NO. 736 BE ADOPTED AS READ.* Councilman Bohrer noted the letter dated May 16, 1980 from the Seattle Audubon Society and said it raises an issue that he would like someone to address. The point raised is that the City has adopted Resolution #656 which deals with the City Light Site. Now, Council is proposing to amend the resolution. The letter suggests that an environmental analysis under SEPA should be conducted on the effect of the amended resolution. Attorney Hard noted this is exactly the same point raised by Mr. Huff, the lawyer for Allied Stores. He said, in his opinion, the City does not need a new analysis. In granting or denying a waiver under a resolution, it does not constitute a major action contemplated by the City. Councilman Bohrer asked about the construction currently on- going on the site. Mr. Cinnamon of Chartwell Development ex- plained that the drainage ditches have been dug to drain the water along Strander Boulevard and let it dry. If the water has drained the job is completed. Councilman Bohrer asked if they intend to do any further drainage construction that will impact the western portion. Mr. Cinnamon said, no. MOVED BY BOHRER, SECONDED BY SAUL, THAT SECTION 5 BE AMENDED TO READ "RETAIN NOT LESS THAN 9.5 ACRES (Strike the word approximately and substitute not less than.) MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 10 RESOLUTIONS Cont. Resolution #736 Guidelines for development of the City Light Site (cont.) Resolution #737 Declaring its intention to improve portions of So. 152nd St. 57th Ave. So. (LID #30) DEPARTMENT REPORTS Fire Protection, East of 56th Ave. Bridge a 7e9 Councilman Bohrer said the Ad Hoc Transportation Committee dis- cussed provisions within the City for future facilities for public transportation, particularly a transfer station or transit mall. It was pointed out that the Chartwell site is a prime location. There are also other desirable sites. He suggested that when the facility is located the total parking requirement of an area should not be impacted by the area necessary for this facility. The parking requirement should include the area of the transit station. *MOTION CARRIED WITH JOHANSON VOTING NO. MOVED BY SAUL, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY.* Mayor Todd noted that the blank in Section 2 should read $275,000. The date in Section 4 is June 23, 1980. In Section 7, Horton Dennis Associates are the consulting engineers and June 23, 1980 the date. City Attorney Hard recommended that Council strike Sections 5 and 6. Mr. Uomoto concurred. MOVED BY SAUL, SECONDED BY HARRIS, THAT SECTION 5 AND 6 BE STRICKEN FROM THE PROPOSED RESOLUTION. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE FOLLOWING BE INSERTED IN THE RESOLUTION: $275,000 Section 2 June 23, 1980 Section 4 Horton Dennis Assoc. June 23, 1980 Section 7 MOTION CARRIED. *MOTION CARRIED. City Attorney read a resolution of the City Council of the City of Tukwila, Wash., declaring its intention to order the improvement of portions of South 152nd street and 57th Ave. So. by acquisition of additional right -of -way, widening, grading, sidewalks, storm and sanitary sewers, water facilities, underground utilities, and elimination system and to create a local improvement district to assess the costs and expense of carrying out such improvements against the property specially benefited thereby and setting a hearing to receive objections thereto. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 737 BE ADOPTED AS READ. MOTION CARRIED. Mayor Todd explained that fire protection east of 56th Ave. Bridge is considerably less since the collapse of the bridge. Response from the Tukwila Fire Department will now take up to five minutes longer. This area presently does not have any fire hydrants as Water District #25's water line is not large enough to serve a fire hydrant. Water District #125 presently has a six inch water line passing through this area even though it is served by #25. Water District #125 has agreed to a fire hydrant being connected to their line and will be willing to maintain the hydrant and furnish water for firefighting purposes. Water District #25 was agreeable to the installation of the fire hydrant in their service area. Tukwila would furnish a fire hydrant and connecting materials and install the hydrant on Water District #125's water line. The estimated cost to Tukwila for this project would be $2,500. Mayor Todd suggested the money be paid from the City Council Budget (001.511.60.31). TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1980 Page 11 DEPARTMENT REPORTS Fire Protection, East of 56th Ave. Bridge (cont.) Letter from U.S. Dept of Justice Power to Foster Golf Links Pump Station 56th Ave. Bridge Finance Director's Monthly Report of Investments Inquiry from Mr. C. Wetzler Harstad Assoc., (59th So. 142nd) Letter from September Assoc. ADJOURNMENT: 10:07 P.M. Cont. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL DECLARE AN EMERGENCY, APPROPRIATE THE NECESSARY FUNDS AND INSTALL THE FIRE HYDRANT ON 56TH AVENUE SOUTH.* Councilman Bohrer questioned the money being taken from Pro- fessional Services and suggested the Contingency Fund. Mayor Todd said the Finance Department will be consulted on the correct fund. *MOTION CARRIED. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Mayor Todd noted a letter from the United States Department of Justice, Drug Enforcement Administration, informing him that Gary R. Fox of the Police Department was selected as the out- standing student in the two -week Basic Drug Law Enforcement School. Mayor Todd reported that Puget Power has agreed to install the 3 -phase service to the pump station on Foster Golf Links. Mayor Todd reported he has taken the position that the City will not fund any portion of the bridge replacement until it has been proven that the City of Tukwila is responsible. Mayor Todd read the Investment Report submitted by Shirley Kristofferson, Acting Finance Director. Interest income for the month of April, 1980, amounted to $35,282.04 on the following activity: Investments Sold $3,332,000 Investments Purchased $3,364,000 7 0 Mr. Chuck Wetzler, 56th Ave. South, asked what his responsibility is for the water meter installed on his property. If someone falls over it and gets hurt, is he responsible? Attorney Hard said that Mr. Wetzler would probably be held liable. Councilman Van Dusen read a letter from S T Engineering notifying the City that the firm of Harstad Associates, Inc. has ceased operation due to insolvency. This places the Street Improvement Project, recently awarded to them, in jeopardy. Former principles in the firm have formed a new engineering corporation and propose to complete the above project. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL ALLOW S T ENGINEERING TO PROCEED WITH THE CONTRACT PREVIOUSLY AWARDED TO HARSTAD ASSOCIATES, INC. MOTION CARRIED. Councilman Van Dusen read a letter written to Chief Sheets regarding a credit in the amount of $2,300 allowable to the Tukwila Police Department for the assistance they gave in the production and filming of Shoot -no -Shoot S.M.E. scenarios. He noted that Council needs to accept the gift before the Department can use it. The credit would be used to provide training to the officers. MOVED BY VAN DUSEN, SECONDED BY BOHRER, THAT A RESOLUTION BE DRAWN ACCEPTING THE $2,300 CREDIT FOR THE TUKWILA POLICE DEPT. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. City Clerk