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HomeMy WebLinkAbout1980-07-07 Regular MinutesJuly 7, 1980 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL PUBLIC HEARINGS Boyd Annexation Petition: Inter- section of South 170th 53rd Ave. So. Amendment to Agenda Resolution #747 Expressing apprecia- tion to Patrick J. Lowery TUKWILA CITY COUNCIL oZ 13 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. MABEL J. HARRIS, GEORGE D. HILL, DORIS E. PHELPS, DANIEL J. SAUL, Council President, GARY L. VAN DUSEN. Tukwila City Hall Council Chambers MOVED BY HARRIS, SECONDED BY SAUL, THAT COUNCILMEN BOHRER AND JOHANSON BE EXCUSED FROM THE MEETING. 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 SAUL, SECONDED BY HARRIS, THAT THE MINUTES OF THE REGULAR MEETING OF JUNE 16, 1980 BE APPROVED AS PUBLISHED. MOTION CARRIED. 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. Claims Fund Vouchers #6939 #7102 Current Fund Golf Crse. Spec. Rev. Street Fund Federal Shared Rev. Golf Unlimited G.O. Land Acq, Bldg, Dev. Foster Golf Acq. Water Fund Sewer Fund Firemen's Pens. 6939 -7057 7058- 7059 -7075 7076 -7078 7079 7080 7081 -7082 7083 -7092 7093 -7101 7102- LID 13/15 7103 1552.01 LID 25 #C91 564.00 LID 28 #C29- 30/7104 -5 5066.00 35,187.46 19,083.25 57,923.44 3,502.97 77,313.32 190.00 42,188.13 8,778.67 2,188.46 200.00 $246,555.70 To close to Guaranty Bonds sold Special Funding Mayor Todd declared the Public Hearing open on a proposed annexation of 3.5 acres located at the intersection of South 170th and 53rd Avenue South. Mr. C. D. Tyler, 16833 53rd Avenue South, said he is one of the people involved. He has reviewed the legal description on the petition and finds errors. There are five lots involved and the dimensions of the lots don't match. Mr. Tyler explained the discrepancies. He asked about fire protection and utility services and was told they would not change. He asked about the tax base and was told they would be assessed in accordance with the Tukwila tax structure which is about 1 mil cheaper that the County. Mr. Tyler said he is not against the annexation. He felt the legal description should be corrected and Mayor Todd assured him that it would be if it was wrong. There being no further comments, Mayor Todd closed the Public Hearing. MOVED BY HILL, SECONDED BY SAUL, THAT THE AGENDA BE AMENDED TO INTRODUCE A RESOLUTION AND MAKE TWO AWARDS. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING July 7, 1980 Page 2 PUBLIC HEARINGS Cont. Resolution #747 Expressing apprecia- tion to Patrick J. Lowery (cont.) Tukwila Fire Dept. Distinguished Service Award Request for Waiver moved to a later time on the agenda- Page 8 Approval of Block Grant Programs Crime Prevention Officer Councilman Van Dusen read, in its entirety, a resolution of the City of Tukwila, Wash., expressing appreciation to Patrick J. Lowery for his service to the City as Crime Prevention Officer. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 747 BE ADOPTED AS READ. MOTION CARRIED. Mayor Todd read a letter from Fire Chief Crawley awarding the Tukwila Fire Department Distinguished Service Award to Richard Brewster for extra hours spent helping to further the Department's knowledge on handling hazardous materials. He presented Firefighter Brewster with the award. Mayor Todd read a letter from Hubert Crawley, Fire Chief, awarding the Tukwila Fire Department Distinguished Service Award to W. David Green for his work with the Fire Dept. computer system on after -duty hours. Mayor Todd presented a plaque to Firefighter Green. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Claims for Damages: John McFarland, Administrative Assistant, noted the two Michael Bradford claims received by the City: one filed by Michael Bradford Veronica L. Woods and the other by Veronica L. Woods. They both exceed the City's deductible limit and both have been forwarded to the Insurance Carrier for consideration. Council noted receipt of the two claims for the record. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT ITEM 7C, REQUEST FOR WAIVER, BE CONSIDERED AS ITEM 8C. MOTION CARRIED. Don Williams, Recreation Department, noted that now is the time for Council to amend their previous decisions on the use of Block Grant Funds if they so choose. This is the time to sign the contracts for the 1980 programs. He reviewed the dollars available and indicated the projects they have been designated for. He recommended that Council concur with the projects as previously approved, ask for the time period to be extended and leave the current budget amounts as they are until a plan has been prepared for the sidewalk improvements on Interurban Avenue. MOVED BY HARRIS, SECONDED BY SAUL, THAT COUNCIL APPROVE THE PROJECTS DESIGNATED FOR THE BLOCK GRANT FUNDS AND NOTIFY THE KING COUNTY BLOCK GRANT OFFICE. MOTION CARRIED. Councilman Van Dusen referred to a letter from John Sheets, Police Chief, concerning the position of Crime Prevention Officer. Patrick J. Lowery has resigned from the position and Officer Robert Conner has been temporarily assigned to fill the slot. Chief Sheets is seeking Council's recommitment to the Crime Prevention Program and Council authorization to replace the position held by Officer Conner. Councilman Van Dusen said this action will make no change in the budget. Chief Sheets reminded Council that the grant for funding the Crime Prevention Program will expire this year. It will be funded in the 1981 budget. Mayor Todd said Chief Sheets would like to have Council's permission to fill the vacancy created by the promotion of Officer Conner. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL APPROVE THE RECOMMENDATION OF CHIEF SHEETS TO HAVE THE CRIME PREVENTION OFFICER POSITION FILLED BY A COMMISSIONED OFFICER AND ALLOW THE HIRING OF A NEW OFFICER FROM THE ELIGIBILITY LIST.* TUKWILA CITY COUNCIL, REGULAR MEETING July 7, 1980 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Crime Prevention Officer (cont.) ORDINANCES Ordinance #1169 Ordering the improvement of property along So. 152nd St. 57th So. -LID 30 RECESS: 7:55 P.M.- 8:00 P.M. Ordinance #1170 Prohibiting dancing and /or music in cabarets between 2 a.m. 8 a.m. c '33 Pat Lowery explained that he has discussed this proposal with the Program Evaluator for King County Law and Justice Planning and they see no problem. The funding is definitely over after this year. *MOTION CARRIED. Phil Fraser, Public Works Department, pointed out that, as a result of the public hearing, the consulting engineer has recommended that the south half of the Southcenter View Condo- minium property and the north half of the S M Investment property be deleted from the LID. These properties do not benefit from the LID. The changes are shown on a map on display. MOVED BY HARRIS, SECONDED BY SAUL, THAT COUNCIL RECESS FOR FIVE MINUTES TO CONSIDER A STATUS REPORT ON THE PROPOSED LID. MOTION CARRIED. Mayor Todd called the regular meeting back to order with Council members present as previously reported. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance ordering the improvement of property within the City of Tukwila, Wash., along portions of South 152nd Street and 57th Avenue South by acquisition of additional right -of -way, widening, paving and grading the street surface, installation of curbs and gutters, sidewalks, storm and sanitary sewers, water facilities, underground utilities, and an illumination system; establishing Local Improvement District No. 30; providing that payment for said improvements be made by special assessments upon the property specially benefitted thereby; and providing for the issuance of Local Improvement District warrants and Local Improvement District Bonds. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT ORDINANCE NO. 1169 BE APPROVED AS READ AND, AT THE END OF THE THIRTY DAY PROTEST PERIOD, IF SUFFICIENT PROTESTS HAVE NOT BEEN RECEIVED, THE CITY AGREES TO REPEAL RESOLUTION NO. 695.* (Exhibit A of the proposed Ordinance deletes, from the LID, the the south half of the Southcenter View Condominium property and the north half of the S M Investment property.) Attorney Hard noted that Section 3, bottom of page "Note: the number of installments shall be less by two (2) than the number of years which the bonds are to run," and Section 7, page 5, line 8 "The period for payment of bonds may not exceed thirty (30) years from the date of issuance" are editorial comments and should be deleted. MOVED BY PHELPS, SECONDED BY HILL, THAT THE ORDINANCE BE AMENDED PER THE RECOMMENDATIONS OF THE CITY ATTORNEY. MOTION CARRIED. *MOTION CARRIED TO ADOPT THE ORDINANCE AS AMENDED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Wash., prohibiting dancing and /or music in cabarets between 2 a.m. and 8 a.m. and amending Ordinance No. 470 (Section 5.08.010 of the TMC). MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT ORDINANCE NO. 1170 BE ADOPTED AS READ.* TUKWILA CITY COUNCIL, REGULAR MEETING July 7, 1980 Page 4 ORDINANCES Cont. Ordinance #1170 Prohibiting dancing and /or music in cabarets between 2 a.m. 8 a.m. (cont.) Mr. Alec Maxwell, Attorney representing Tom and Darlene Gervin, who operate the Tukwila Riverside Inn presented Council with petitions containing approximately 1000 signatures. The petitions state: "We respectfully request that the Riverside Inn be allowed to continue their after hours, 2 a.m. to 4 a.m., for our dining and dancing pleasure. This is because we enjoy these activities at that time of night and believe there are no other places to go." He also presented a letter from Father Heneghan of St. Thomas Parish concerning the character of the Gervins. Attorney Maxwell said he has been asked by the Gervins to look into this new ordinance. They want to do a little more research on whether the City can properly enact such an ordinance. He feels the ordinance would be declared invalid in the area of deprivation of property rights under the 14th amendment. The Riverside Inn has been operating these late hours (2 to 4 a.m.) on Friday and Saturday evenings for 9 or 10 years. During this time, hi s clients have obviously been making money and stand to lose if the ordinance is passed. There are several court cases that pertain to this situation. The ordinance may discriminate against his clients. There are no other people who will be hit by this ordinance and this is unfair. If the problem is drinking after hours in the parking lot, it could also occur in other all night places. There should be other less drastic ways of dealing with this problem. His clients have not been consulted. They have tried to cooperate. In March, they raised the age limit to 21; they backed the hours up to 4 a.m. instead of 5 a.m. and have introduced a cover charge of $2.50. If you leave the area you must repay the cover charge. They would welcome any suggestion Council has, short of this drastic form of regulation. They would be more than happy to pay off -duty police for patrol. They feel strongly that there is nothing unlawful going on at the Riverside Inn between the hours of 2 a.m. and 4 a.m. There have been no citations issued inside the Inn. They have been keeping a clean house there. Just because there is some trouble in the parking lot from time to time, this proposal is an example of over kill. There are a lot of good people that find it relaxing to go there after hours. Why should they suffer. His clients are trying to be good citizens, and they would welcome any questions from Council. Mr. Maxwell stated that they oppose this ordinance in its present form Mr. Pat Roberts, Seattle, said he is an entertainer /musician and his main interest in the Riverside is from an entertainment standpoint. He is opposed to this proposal. For many years, the Riverside Inn has been the only place in all of Seattle where a musician can go after work and visit or play along with the band. Newcomers in the field have a chance to show their talents. Important people in town are there to listen. It would be a big detriment to the Country Music industry to see the after hours stopped. Mr. Jerry Andal said he has been to the Riverside Inn after hours and has never noticed any violence or problems in the parking lot or inside. The Gervin's came in a couple of years ago and have worked very hard. They are excellent people trying to do a good job. They live right there and love their business. To cancel this part of the business would cause them to make cuts in their total operation and would not allow them to have the class of business they want. They have top entertainment and top people working for them. TUKWILA CITY COUNCIL, REGULAR MEETING July 7, 1980 Page 5 ORDINANCES Cont. Ordinance #1170 Prohibiting dancing and /or music in cabarets between 2 a.m. 8 a.m. (cont. o2J.3S Mr. Thomas Gervin, 14060 Interurban Avenue, said they came to Tukwila two years ago. They are law abiding people and have been in the restaurant business for many years. They have attempted to include their family in the operation of the Riverside. They have made a lot of advances and have always been cooperative with the Police Department. If they have problem people in the River- side, they are evicted. They are running a good business and it has nothing but increased. With a large amount of work and a little patience, some of the past scars can be healed. They are working on the problems in the parking lot. They don't want to be a sore in the City; they want to be an asset. The Riverside Inn is the largest and most famous country music club in the Northwest. They have been there two years and they work hard, but the City needs to be a little patient. Councilman Phelps asked if they had contacted the Police Department about off-duty officers. Mr. Gervin said they have discussed this with one of the officers who was going to look into it. Councilman Harris said she assumed they were aware, for sometime, that the problem in the parking lot existed and has been very costly to the City in police time and effort. Mr. Gervin said the Police Department had notified them, but they didn't have an answer. They have recently been discussing getting someone in to patrol. Mrs. Darlene Gervin said the State Liquor Inspector came to them and suggested imposing the $2.50 cover charge -which they did. She said she is sure the problems have ceased quite a bit in the last thirty to sixty days. Mayor Todd asked if there were any Tukwila Police Officers working down there now and was told no. John Sheets, Police Chief, said they are also asking for guidance from Council. On March 10 he received a letter from the graveyard sergeant about problems during the after hours at the Riverside Inn. It was decided to make a study of the problem. From this, statistics were compiled. The problem was conceived in four categories: (1) Spending a considerable amount of time at one establishment in the City and not providing the same service to other establishments; (2) Safety to Officers; (3) Safety to the Community; (4) Safety to the Patrons. Officers have been injured; there have been numerous complaints from citizens of the community on the noise generated from the area and there have been considerable accidents. The problems were studied and two possible solutions arrived at: (1) Provide more funds for overtime pay or have more personnel; (2) Consider passing the proposed ordinance regulating hours. Sergeant Steve Robinson referred to a copy of the statistics that were compiled and presented to Council at a previous meeting. The original objective was to isolate the problem and see if an emphasis patrol would have any effect. Initially the problem was thought to be disturbances and alcohol related offenses. However, there were several charges on felony drug sales. The problems on the inside are pretty well taken care of. Sgt. Robinson agreed he had no suggestions on how to curtail the parking lot problems. One weekend 42 people were arrested in 4 hours with three officers in the area. He agreed with Chief Sheets on the only solution being to maintain an emphasis patrol or regulate the hours. Councilman Harris asked if the owners hired off-duty policemen in place of the on duty officers would this keep the problem under control? Sgt. Robinson said the emphasis patrol has not TUKWILA CITY COUNCIL, REGULAR MEETING July 7, 1980 Page 6 ORDINANCES- Cont. Ordinance #1170 Prohibiting dancing and /or music in cabarets between 2 a.m. 8 a.m. (cont) curtailed it. It was found that they made approximately the same number of arrests each weekend. x8'3, Mayor Todd asked if drinking in a car in the parking lot is in violation of the liquor law. Sgt. Robinson said anywhere in the parking lot is. One month there were 85 incidents involving individual cases. Another month there were 65. The Riverside Inn is the only after hour establishment in the City at this time. Councilman Phelps asked if there were any restrictions on the off -duty officers. Chief Sheets said the Department Policy says that a Police Officer will not work in uniform as a bouncer for an establishment that serves alcohol. Mr. Maxwell asked Sgt. Robinson what type of containers the drinks were in and was told mostly beer cans, but also styrofoam cups and jars. Mr. Maxwell asked if these people had actually been in the Inn. Sgt. Robinson said the vast majority of the people are either going in or coming out of the Inn because their hands are stamped as they go in or out. Mr. Maxwell said he has not had a chance to see the statistics. Mrs. Darlene Gervin said it was January or February when they changed the age limit and they knew it would take a while to get things under control. She asked if they could help in cleaning the problem up -it is going to take time. Councilman Van Dusen asked Mrs. Gervin if they feel the problem in the parking lot is the City's problem or their problem. Mrs. Gervin said she didn't realize it was a problem until they did the emphasis patrol. They did not know it was their problem until they were informed by the Liquor Inspector. Councilman Van Dusen called their attention to the Washington Administrative Code that said the establishment is responsible for the consumption of liquor on any public premises under your control. He assured Mrs. Gervin Council was not attacking their character or the dancing and music. She said she understood. Mayor Todd stated that he gave the order many years ago that no off -duty policeman could work at the Riverside or any other like business because the liability exposure to the City of Tukwila is too high. He does not want the Police Officers working under the conditions in the parking lot. Mr. Jerry Knutson, audience, said the new owners of the Riverside have tried very hard to work within the system. They have tried very hard to lessen the problems that were there when they took over. They are trying to work with the City. He suggested allowing them some type of a trial period before the decision is made to take away their livelihood. Allow them to come up with some type of a workable solution so they can show the problems in the parking lot can be eliminated by their own enforcement. If this is the number one country western establishment in the Northwest, they should be allowed time to work out the problem. Councilman Van Dusen said the City has investigated this thoroughly and feel the solution is this ordinance. He advised Council to pass the ordinance and put the weight of the intent on the owners to solve the problem and present Council with some kind of solution. Council could then repeal the ordinance with the proper solution to the problem. The intent is not to take "bread and butter" away from a legitimate business. The after hour problems are drinking, drugs, and dangerous driving. The citizens of this City want a solution. TUKWILA CITY COUNCIL, REGULAR MEETING July 7, 1980 Page 7 ORDINANCES Cont. Ordinance #1170 Prohibiting dancing and /or music in cabarets between 2 a.m. 8 a.m. (cont.) Councilman Harris said she would be willing to go along or at least consider a length of time to give them a chance to clean it up, but should not use our policemen. Mayor Todd asked for any other comments. There being none, Councilman Van Dusen called for the question on the original motion. Mayor Todd asked for a vete of all those in favor. *AYE VOTES CAST. Mr. Maxwell asked if he could speak and Mayor Todd asked if he would wait one moment until the voting was completed. Mayor Todd called for a ROLL CALL VOTE: HARRIS NO HILL YES PHELPS YES SAUL YES VAN DUSEN YES MOTION CARRIED ORDINANCE IS ADOPTED. Mayor Todd explained that the City operates under Roberts Rules of Order. 0? ?3 Mr. Maxwell said he did not realize a vote had been taken; he had his hand up and wished to speak. He wanted a full and fair discussion and did not understand the proceedings when he was not allowed to comment. He asked when the vote was taken and Mayor Todd explained the voting procedure just completed. Mr. Maxwell said he would like to object for the record. Also, Councilman Van Dusen's suggestion of passing the ordinance, then repealing it at a later date is nonsensical. It is a strange proposal. This is what I wanted to say. Councilman Van Dusen asked Mr. Maxwell if he agreed that Council has the authority to pass ordinances and repeal ordinances. Mr. Maxwell agreed; within your power. Councilman Van Dusen explained that his intent was -the City authorities investigated this problem and came up with this solution. The intent was to pass the ordinance, now the weight is on the owners to come to Council with a solution. If the solution has merit, they will repeal this ordinance. Mr. Maxwell said they are going to have an uphill struggle to get it repealed. It is a drastic measure. Mr. Maxwell asked if all the discussion prior to the decision is on tape, and the City Clerk said it is. Mr. Andal said the Gervins have done an exceptional job of cleaning up the interior of the business. They now realize they have a problem with the exterior. If the ordinance passes, it will virtually shut the business down and take a long time to build back up. They should be given a couple of months to put their own people out in the parking lot. They will use the same hard work on the outside as they used on the inside. They want to work with the City of Tukwila. He asked Council to reconsider and give them a couple of months. Mr. Maxwell asked what research Council did as to possible ways of solving this problem. Councilman Hill said he has lived here many years and the citizens have been putting up with this for a considerable time. The police reports indicate many of the problems. Councilman Van Dusen said he has ridden with the officers and has seen the problems first hand. He cited from the status report compiled by the Police Officers. We did not all of a sudden come up with this ordinance. TUKWILA CITY COUNCIL, REGULAR MEETING July 7, 1980 Page 8 ORDINANCES Cont. Ordinance #1170 Prohibiting dancing and /or mjsic in cabarets between 2 a.m. 8 a.m. (cont.) RECESS: 9:30 p.m.- 9:35 p.m. Mayor yields chair to Council President Waiver Request Office Complex at 58th Interurban Criteria #1 Criteria #2 Mr. Maxwell asked for a copy of the status report. Attorney Hard noted that the City abides by the open meeting act and must provide documents but there are certain exceptions. Mr. Maxwell said they oppose the decision, for the record. Mayor Todd declared a five minute recess. The regular meeting was called back to order with Council Members present as previously reported. Mayor Todd informed Council that he and Mr. Knutson are with- drawing any previous offers for trade of property that have been discussed. They are no longer interested in trading the river front. Councilman Bohrer's memo of July 3, 1980 states that the trade was rejected by the Community Affairs Committee on the basis that the river front was of no value to the City. ROLL CALL VOTE: HILL YES VAN DUSEN YES SAUL YES HARRIS YES PHELPS YES Mayor Todd noted that he has an interest in the next agenda item so he yielded the presiding chair to Council President Saul. Councilman Van Dusen and Hill both inquired if Maule Avenue was to be considered in the discussion on this waiver. Councilman Van Dusen asked what effect Maule Avenue will have on the development. Council doesn't seem to have a problem from Maule Avenue on back. Mayor Todd noted that Plan A proposes to use part of Maule Avenue for parking; Plan B proposes to use it for access only. There is less Green Belt in Plan B to get the required parking stalls. Councilman Harris asked if they intended to leave the trees on the Puget Power right -of -way and was told yes. Mayor Todd noted that Maule Avenue has a sewer main down the middle so it is better to keep it as City property. It is a 20 foot right -of -way. Councilman Phelps verified that there would be adequate room on the east side of Interurban for both the sidewalk and the bikeway as proposed. Mark Caughey, Planning Department, said it would depend on the configuration. If 11 foot travel lanes were used, you could make it. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA #1 Does the proposed action represent a unique condition *MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA #2 Is the proposed action significant in scale Councilman Saul noted that the buildings cover 24% of the land area. TUKWILA CITY COUNCIL, REGULAR MEETING July 7, 1980 Page 9 ORDINANCES Cont. Waiver Request- ROLL CALL VOTE: Office Complex HILL NO at 58th VAN DUSEN YES Interurban SAUL YES HARRIS YES PHELPS NO Criteria #3 Criteria #4 Criteria #5 Criteria #6 *MOTION CARRIED: 3 YES; 2 NO. Councilman Saul read Criteria #3 Has the applicant shown that no reasonable alternatives are available which would not require a waiver? Council agreed this criteria was not applicable. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON 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 Mr. Caughey noted that the City has received a very complete set of plans from the developer. Councilman Saul asked if there was any grading to be done on the back of the property. Mr. Caughey said there is an option of a temporary berm if there is encroachment on the area. Councilman Saul asked about water run off. Mr. Caughey said the proposal is direct channelization into the river. It has been reviewed by King County Hydraulics and was done at their suggestion. Mayor Todd explained that the plan is to grant a 10 foot drainage easement on the south side between the Oak Harbor property and this property. The elevation of the fill when it is finished will be 21 to 25 feet. ROLL CALL VOTE: HILL YES VAN DUSEN YES SAUL YES HARRIS YES PHELPS YES *MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA #5 Is the request for waiver consistent with the goals and policies of the comprehensive land use policy plan ROLL CALL VOTE: HILL YES VAN DUSEN YES SAUL YES HARRIS YES PHELPS YES *MOTION CARRIED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #6 Do the requirements of this waiver ordinance impose a special hardship to this site ROLL CALL VOTE: HILL YES VAN DUSEN NO SAUL N/A HARRIS NO PHELPS YES *MOTION FAILED: 2 YES; 2 NO; 1 N /A. TUKWILA CITY COUNCIL, REGULAR MEETING July 7, 1980 Page 10 ORDINANCES Cont. Waiver Request Office Complex at 58th Interurban (cont) Criteria #7 MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL VOTE YES 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 ROLL CALL VOTE: HILL NO VAN DUSEN NO SAUL NO HARRIS NO PHELPS NO *MOTION FAILED. Mayor Todd said they will be required to build an eight foot sidewalk along Interurban and the City will still retain Maule Avenue. What more can Council reasonably ask for. Councilman Saul suggested a motion in favor of the preliminary waiver being approved subject to the condition that they grant an easement through the 40 foot shoreline area. Mayor Todd said if the City expects the easement to be 40 feet they will withdraw their request. They are not willing to give a 40 foot easement. It was suggested earlier in the year that a trade could be made with Maule Avenue and a certain part of the river bank. We have come to the City as developers and are trying to develop in accordance with the City's Comprehensive Plan and Zoning Ordinance. The property is zoned M -1. We want to maintain control of the 40 feet. Councilman Van Dusen said there is an 80 foot right -of -way on Interurban and it has been the discussion to have a sidewalk on both sides with a bikeway along the east side. The new sidewalk ordinance requires an eight foot sidewalk in the Commercial Zone. Councilman Phelps said if the City retains Maule Avenue, they can probably get the bikeway in this area. In the overall scheme of things along Interurban, they placed a recreation path starting at the Golf Course, going south to Fort Dent, through Fort Dent, back out onto Interurban and tie into Christensen Trail. The staff recommended that the applicant grant to the City an easement for trail construction within the 40 foot wide river use zone. Councilman Van Dusen said Council has put that condition on most of the previous waivers. Mr. Knutson stated that the other people were requesting different zoning. They are in compliance. Councilman Phelps said the obligation of the property owner within the 40 feet have nothing to do with the use of the zoning of the property. It has to do with continuing the trail within the City. Councilman Harris explained that the Community Affairs Committee made the decision not to trade Maule Avenue for the river bank. The attempt was to trade for a strip along Interurban Avenue to make more room for the sidewalk. Councilman Phelps said that one of the Council's goals has been a trail system along the Green River. Mr. Knutson said that is why they made the offeri n the first place. They took the position to work with the City. The water front is valuable property, but we were turned down. We were told that it was of no value to the City. Councilman Phelps said that particular phrase was the opinion of only one Councilman. If the City were to trade Maule Ave. for the river property we would still have to retain the sewer easement. TUKWILA CITY COUNCIL, REGULAR MEETING July 7, 1980 Page 11 ORDINANCES Cont. Waiver Request Office Complex at 58th Interurban (cont.) RESOLUTIONS Resolution #748 Accepting Donations Resolution #749 Expressing sincere thanks to the Andover Terrace Garden Club DEPARTMENT REPORTS Mayor's Report Grady Way Bridge 56th Ave. Bridge MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL APPROVE THE PRELIMINARY WAIVER SUBJECT TO THE FOLLOWING CONDITION: A 12 FOOT EASEMENT BE RETAINED THROUGH THE 40 FOOT SECTION OF PROPERTY FOR A TRAIL SYSTEM.* Mayor Todd said they would be in agreement with this if, at such time as they issue the easement, the City gives them a Quit Claim Deed to Maule Avenue. Councilman Phelps clarified that this was on Plan B, Saul agreed. Mr. Caughey asked Council to be specific as to where the 12 feet is measured from. Councilman Saul said within the boundaries of the 40 foot river use zone as determined by the Corp of Engineers right -of -way at the high water mark. Mr. Knutson said his feeling at this time is to withdraw their request. They have tried to work with the City. The offer for a trade was turned down and now the City wants the property. Councilman Phelps noted that at the beginning of the discussion the developer withdrew any previous offer to trade property. The City has no other option to discuss. Mayor Todd noted that a river trail could cause a security problem to the development. Mr. Caughey explained that, if these gentlemen are sincere about withdrawing their application before Council takes a vote, they can come back within one year for consideration without paying additional fees. Councilman Saul asked what Council wants to do. Mayor Todd said go ahead and vote, if you vote affirmative; effectively we have withdrawn this and any other project patterned after this. *MOTION CARRIED WITH HILL VOTING NO. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. City Attorney Hard read, in its entirety, a resolution of the City of Tukwila, Wash., accepting donations. MOVED BY SAUL, SECONDED BY PHELPS, THAT RESOLUTION NO. 748 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, expressing sincere thanks to the Andover Terrace Garden Club for their beautification projects. MOVED BY SAUL, SECONDED BY HARRIS, THAT RESOLUTION NO. 749 BE ADOPTED AS READ. MOTION CARRIED. Mayor Todd referred to his memorandum with attached information on the Grady Way Bridge. Council should discuss this with the City Attorney. He suggested and Council agreed, to put it on the agenda for the Committee of the Whole Meeting of July 14. King County will meet with the citizens living on Foster Point to discuss replacement of the bridge that collapsed on Tuesday, 7:30 p.m. at the Community Center, TUKWILA CITY COUNCIL, REGULAR MEETING July 7, 1980 Page 12 DEPARTMENT REPORTS Cont. Hazardous Materials MOVED BY SAUL, SECONDED BY PHELPS, THAT THE HAZARDOUS MATERIALS Plan -Fire Dept. RESPONSE PLAN FOR THE CITY BE FORWARDED TO THE PUBLIC SAFETY AND HEALTH COMMITTEE. MOTION CARRIED. Mayor's Vacation Mayor Todd announced that he will be on vacation starting July 18 for two weeks. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Budget Preparation Negotiations: Supervision Clerical, Police ADJOURNMENT 10:40 p.m. MOVED BY HILL, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. yor City Clerk Councilman Saul noted that Council needs to start discussing the 1981 Budget so the Department Heads will have some direction to follow. It was decided to meet at 6:00 p.m., Monday, July 14. Mr. McFarland noted that it is time to start negotiations with the Police Department and also the Supervisors and Clerical Bargaining Units of the Teamsters. All three units have requested information on starting negotiation dates. It was decided that Councilmen Van Dusen and Saul will handle the Police Dept. Councilmen Harris and Phelps will sit with the two Teamsters Units. It was decided that an outside Consultant will not be used unless it becomes necessary.