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HomeMy WebLinkAbout1980-11-17 Regular MinutesNovember 17, 1980 7:00 P.M. EXECUTIVE SESSION: 6:30 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL TUKWILA CITY COUNCIL Regular Meeting MINUTES Tukwila City Hall Council Chambers Mayor Todd call the Executive Session to order at 6:30 P.M. with all Council Members present. John McFarland, Administrative Assistant and Patrick Lowery, Police Chief were also in attendance. Executive Session was called to consider the following: 1. Personnel Matter, Robert Abbott, Police Dept. 2. Personnel Matter, Ann Lovell. 3. Teamsters Labor Contract Negotiations. The Executive Session was closed at 7:00 P.M. Mayor Todd, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, DANIEL J. SAUL, Council President, GARY L. VAN DUSEN. OFFICIALS IN LAWRENCE E. HARD, City Attorney; MARK CAUGHEY, Acting Planning ATTENDANCE Director; SHIRLEY KRISTOFFERSON, Acting Finance Director; JOHN MCFARLAND, Administrative Assistant; TED UOMOTO, Public Works Director; MAXINE ANDERSON, City Clerk. MOVED BY SAUL, SECONDED BY HILL, THAT THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 3, 1980, BE APPROVED AS PUBLISHED. MOTION CARRIED WITH BOHRER VOTING NO. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE MINUTES OF THE SPECIAL MEETING OF NOVEMBER 10, 1980 BE APPROVED AS PUBLISHED. MOTION CARRIED WITH BOHRER VOTING NO. 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 #8364 #8474 Current Fund 8364 -8432 $69,354.12 Street Fund 8433 -8448 16,236.45 Water Fund 8449 -8460 2,614.26 Sewer Fund 8461 -8469 1,854.20 Firemen's Pension 8470 -8471 168.80 Unemployment 8472- 2,913.87 $93,141.70 LID 25: C92/8473 640.11, C93/8474 3,621.61 Claims Fund Vouchers #8475 #8478 Current Fund 8475- 7,423.43 Street Fund 8476- 475.69 Water Fund 8477- 270.84 Sewer Fund 8478- 265.22 8,435.18 Claims Fund Vouchers #8479 Golf Crse. Spec. Rev. 8479- 7,572.02 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS PROCLAMATION: Toastmasters Week MOVED BY SAUL, SECONDED BY HILL, THAT MAYOR TODD READ THE PROCLAMATION IN ITS ENTIRETY. MOTION CARRIED. Mayor Todd read a Proclamation proclaiming the period of November 22 through November 28, 1980 as Toastmasters Week. TUKWILA CITY COUNCIL, REGULAR MEETING November 17, 1980 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Final Acceptance: Signal Poles for Tukwila Pkwy. Andover Park West Budget Transfer Motion No. 80 -41: Completion of Eng- ineering costs for 1978 Street Improve- ment Project Budget Transfer Motion No. 80 -42: Extra Labor and Operating Supplies for Recreation Final Waiver request for Bestway Truck Terminal Ameron Pole Products delivered the poles and mast arms per the bid specifications and Signal Electric has completed the installation. Wes Jorgenson, Junior Engineer recommends final acceptance for the supply of the signal poles and mast arms. MOVED BY SAUL, SECONDED BY PHELPS, THAT COUNCIL GIVE FINAL ACCEPTANCE FOR SUPPLY OF THE POLES AND MAST ARMS. MOTION CARRIED. Budget Transfer Motion No. 80 -41 is to allow funding for com- pletion of engineering costs associated with the 1978 Street Improvement Project. MOVED BY SAUL, SECONDED BY HILL, THAT BUDGET TRANSFER MOTION NO. 80 -41 IN THE AMOUNT OF $4,563 BE APPROVED.* Councilman Phelps asked what items this covers. Mayor Todd said URS consultant fees for the 57th Ave. So. and So. 147th Street Improvement Project. *MOTION CARRIED. Budget Transfer Motion No. 80 -42 for Recreation Department for Extra Labor and Operation Supplies for classroom materials. MOVED BY SAUL, SECONDED BY HILL, THAT BUDGET TRANSFER MOTION NO. 80 -42 IN THE AMOUNT OF $2,866 BE APPROVED. MOTION CARRIED. Mark Caughey, Acting Planning Director, explained that at last week's Committee of the Whole Meeting, staff was asked to prepare a supplement to the Environmental Impact Mitigation Agreement to restrict the number of trucks moving to and from the Bestway Truck Terminal site during the hours of 6 p.m. to 6 a.m. The base of the agreement is that they will limit themselves to no more than 12 truck schedules per night, one trip in and one trip out, between the hours of 6 p.m. and 6 a.m. There is a provision for an enforcement process to be followed by the Planning Depart- ment in the event 3 or more residents or business people in the area complain that the traffic limitation standard is being violated. There are other provisions relative to the costs and binding affect of the agreement which is standard legal language. Mr. Caughey recommended that Council not adopt the agreement. He had discussed the idea of such a restriction with the City Attorney and with Bestway's legal staff and is convinced that such a legislation is not in the best interest of the City for the following reasons: (1) The action to limit the truck traffic during the evening hours is a discriminatory action against a single property owner in the M -1 zone. You must treat all similar uses in similar zones alike. (2) Council's decision to grant a preliminary waiver, in essence, welcomed Bestway's freight operation to the Tukwila business community. Now, to restrict their economic growth and their future with the City to an arbitrary level is not fair. (3) The restriction is unenforceable. It would be difficult to petition the courts to uphold this standard. Mr. Caughey said there are enough tools left to the City in the Environmental Impact Mitigation Agreement, the City's Noise Ordinance and the Comprehensive Plan Policies to work with the Bestway people to resolve any problems that arise. Again, he urged Council not to adopt the agreement as proposed. Tom Walsh, 1111 3rd Avenue Bldg., Seattle, Attorney for Bestway, said this is a very serious matter to Bestway Motor Freight Company. He has given this agreement careful consideration. He asked Council to please not adopt the provision before them. It is unfair to deal with them in this particular way. They believe the problem of noise can be handled differently and should apply to everyone in an equal manner. TUKWILA CITY COUNCIL, REGULAR MEETING November 17, 1980 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Final Waiver request for Bestway Truck Terminal (cont.) Attorney Hard said he has a problem with regulations that seem to be aimed at a particular business doing business in an area where the restriction doesn't apply to any other similar business. There is a problem with the enforceability of this. Limiting the number of round trips is the problem. Councilman Bohrer asked if both parties sign the supplemental agreement, is it enforceable? Attorney Hard said, yes. Councilman Bohrer said the entire Environmental Impact Mitigation Agreement is unique to this specific property. it does not address the entire area. When Council approved the preliminary waiver, we negotiated an Environ- mental Impact Mitigation Agreement; now, we are negotiating a supplemental agreement. During presentations to secure passage of the preliminary waiver, they testified on the number of round trips scheduled each night. Council was concerned about noise, but it was omitted from the original agreement. He asked that this be part of the final agreement. Mr. Walsh said he takes a different point of view. On the question of unenforceability, there are two points to consider. (1) If Bestway does not sign the agreement and the City denies the waiver, it is the same as imposing the regulation; (2) It is difficult to enforce by having to respond in the night time hours; (3) It is discriminatory because there is nothing different about Bestway's activity from others in that area to require special regulations. It is a burden on Bestway to impose a limit on their ability to grow in the future and this is a limit im- posed just on them and not on other businesses similarly situated. Councilman Bohrer said the limit was one Bestway claimed. He said applicants before the Council should make accurate state- ments. Mr. Walsh agreed. A regulatory mechanism like this would impose a limitation that could be burdensome. Councilman Bohrer felt if the statement was accurate, there was no reason for not putting it in the agreement. Councilman Harris pointed out that the restriction is only for the night time hours. This could be the first step in enforcing the Noise Ordinance in this area. Councilman Phelps asked what the nature of an Environmental Impact Mitigation Agreement is? Does it run with the land. Mr. Caughey said it is in perpetuity. Mayor Todd said he does not agree with restricting them to 12 truck movements a day. Councilman Johanson asked how a community mitigates the en- vironmental impacts if they don't do it through an agreed upon enforcement such as this? Attorney Hard said it is evident this is not an agreement; it is a proposal by the City and they have indicated they don't agree with it. If Council is concerned about regulating public safety and welfare, you have to look at what is offensive about the activity and regulate that. The main concern here is noise. This may not have anything to do with the number of trips. If you're concerned about the noise, then regulate the noise. Trying to regulate the noise by limiting the number of trips is going to be troublesome, if not unenforceable. Councilman Phelps asked if a complaint was received by the City, what provisions are available to take care of the problem. Mr. Caughey said contact the violator personally and try to work it out on a person to person basis. Next, if necessary, would be noise measurements. A last resort would probably be to contact the City TUKWILA CITY COUNCIL, REGULAR MEETING November 17, 1980 Page 4 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Final Waiver request for Bestway Truck Terminal (cont.) Attorney and go through legal channels. Mr. Caughey explained that when Bestway was asked about the number of trips they made a sin- cere effort to provide Council with the scope of their operation. They did not mean to state the 12 trips as an absolute, they would be willing to live with. He asked Council to treat these people fairly. It is not fair to take a statement out of context and use it against them. Seven and one -half months ago, staff recom- mended that the preliminary waiver be denied. When Council voted on the waiver criteria, 5 out of 7 of the criteria failed. Then, Council approved the waiver anyway. Mayor Todd asked if all the mitigating circumstances have been accomplished in the waiver process. Mr. Caughey said, yes. We can work with the Bestway people to resolve the problems. Councilman Harris said she voted for Bestway because they pointed out they are a small company and would stay small. If I had known they were looking toward growing to be a huge company, I wouldn't have voted for them. Councilman Bohrer said the original statement about numbers was made in the preliminary hearing. Last week, he asked if it was still a reasonable number and the applicant reaffirmed the number. The statement was not taken out of context, they had a chance to change the number. Enforcement should not be a problem, it is a matter of counting trucks. If you have to enforce a noise level, then it takes a little skill, experience and training. It is not only noise level, but repetition that annoys people. Mr. Walsh said they are at the tail end of a long process and are close to an agreement both can live with. They commit themselves to being a good neighbor and a good citizen. They will abide by the noise regulations. He again asked that Council not approve the supplemental Environmental Impact Mitigation Agreement. Councilman Van Dusen said it is noise the City is trying to regulate. One of these days, we are going to have to really enforce the Noise Ordinance. One thing it does state is that the noise level will be lower at night. Councilman Phelps commented that if there is a problem with night time noise, then we need to look at the Ordinance, rather than restrict one applicant. There may be other problems. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE FINAL WAIVER BE APPROVED.* Councilman Van Dusen asked if the applicant had any problem having to install sidewalks. Mr. Walsh said if they are re- quired they will do it. MOVED BY BOHRER, SECONDED BY HARRIS, TO AMEND THE ;NOTION TO MAKE THE APPROVAL CONDITIONAL UPON A SIGNATURE BY BESTWAY ON THE SUPPLEMENT TO ENVIRONMENTAL IMPACT MITIGATION AGREEMENT. ROLL CALL VOTE: BOHRER YES HARRIS YES HILL NO JOHANSON YES PHELPS NO SAUL YES VAN DUSEN NO *MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING November 17, 1980 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Final Waiver request for Bestway Truck Terminal (cont.) RECESS: 8:15 P.M.- 8:20 P.M. Councilman Saul asked if we can change the number of trips. Mr. Walsh explained that when Council voted yes, they are im- posing a regulation as to the number of trucks per night on Bestway, but not on any other activity in the area. This is what the City Attorney, Staff and I have been indicating would be contrary to what is enforceable. We have not discussed what this number should be. He asked Council to alleviate the entire situation by simply not imposing the supplemental agreement. Go with the agreement we have and with our commitment to work within the Noise Ordinance. Councilman Phelps said the Environmental Impact Mitigation Agree- ment runs in perpetuity when filed. Restricting the number of movements for trucking during this twelve hour period seems tanta- mount to restricting gross sales, and we cannot impose this kind of a restriction on one business. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT COUNCIL RECESS FOR FIVE MINUTES TO ALLOW THE APPLICANT TIME TO CONSIDER THIS QUESTION. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THIS ITEM BE TABLED TO THE NEXT COMMITTEE OF THE WHOLE AND ASK THE APPLICANT TO SUBMIT THE REGULATION THAT HE HAS QUOTED. ROLL CALL VOTE: BOHRER YES HARRIS YES HILL NO JOHANSON YES PHELPS NO SAUL NO VAN DUSEN NO *MOTION FAILED. ROLL CALL VOTE: (ORIGINAL MOTION AS AMENDED) BOHRER YES HARRIS YES HILL NO JOHANSON YES, the procedure has been nullified by rather Mayor Todd called the regular meeting back to order with Council Members present as previously reported. Mr. Bill Dahl, General Manager of Bestway, explained that they are not a big trucking company. The property they are planning to build on will not accommodate a big trucking company. At the present, he is hesitant to sign any agreement to restrict their schedules. They are a carrier under the regulations of the Utilities Commission of the State. They are not allowed to turn down business. If they turn down business, they could lose their authority. They are operating 9 to 12 schedules per night now and sometimes 14. This is a business where they have to take the freight or lose their authority to haul. The restriction of schedules would be a violation of their authority from the Utilities Commission. Their land area is smaller than Oak Harbor's and if you don't have the land area you can't operate. In the evenings the normal scheduling out is about 8:30 to 9:00 and the schedules start coming back in around 4:00 to 5:00 a.m. If Council will go along with them, they will do a good job and the City will be glad to have them in the area. Mr. Walsh said if Council is asking them to propose a number, they can't do that because it puts them in the position that the number could become a burden. TUKWILA CITY COUNCIL, REGULAR MEETING November 17, 1980 Page 6 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Final Waiver improper circumstances on the part of the requestee. request for PHELPS -NO Bestway Truck SAUL -NO Terminal VAN DUSEN NO (cont.) RESOLUTION #769 Authorizing the Mayor to execute supplemental E.I.M.A. (Bestway) Waiver Request McNamara Condominiums, McMicken Heights *NOTION FAILED; 4 NO; 3 YES. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT COUNCIL RECONSIDER THE ORIGINAL MOTION. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL APPROVE THE APPLICATION FOR FINAL WAIVER.* MOVED BY SAUL, SECONDED BY BOHRER, THAT THE MOTION BE AMENDED TO ELIMINATE SECTION I OF THE SUPPLEMENT TO ENVIRONMENTAL IMPACT MITIGATION AGREEMENT AND HAVE THE CITY ATTORNEY REWRITE SECTION II TO MAKE IT COMPLY WITH THE EXISTING NOISE ORDINANCE. Mr. Walsh clarified the motion eliminate Section I and change Section II to apply to the Noise Ordinance. He said Council is applying a penalty under the Noise Ordinance on them that is not being applied to other truck terminals in the area. Attorney Hard noted that the Conditional Use Permit comes up for annual review before the Planning Commission. If there is a violation of the Noise Ordinance, it should be brought to them. ROLL CALL VOTE: BOHRER YES HARRIS YES HILL NO JOHANSON YES PHELPS NO SAUL YES VAN DUSEN NO *MOTION CARRIED; 4 YES; 3 NO *MOTION CARRIED WITH BOHRER VOTING NO. Councilman Bohrer stated that he considers the Council's vote invalid until the agreement is signed by Bestway. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Washington, authorizing the Mayor to execute a supplement to the environmental impact mitigation agreement under City File EPIC 133 -80. MOVED BY SAUL, SECONDED BY HILL, THAT RESOLUTION NO. 769 BE ADOPTED AS READ.* 1 MOVED BY BOHRER, SECONDED BY SAUL, THAT THE RESOLUTION BE AMENDED TO READ "TO CONTROL NOISE RELATED TO TRUCK TRAFFIC." MOTION CARRIED. *MOTION CARRIED AS AMENDED. Mr. Lyle Kussman; 2367 East Lake East, Seattle; architect for McNamara introduced himself and offered to answer any questions. Mrs. Elanor McLester, 5118 South 164th, said the majority of the home owners on the McMicken Hill have come before the Council time and time again to prevent the building of any apartments on their side of Tukwila. They were at the meeting TUKWILA CITY COUNCIL, REGULAR MEETING November 17, 1980 Page 7 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Request again to protest a development. Look at the developments already McNamara built and you can see the difference in what a developer promises Condominiums, and what they produce. When is this going to end? When is the McMicken Council going to adopt a Comprehensive Plan? When are we going Heights to feel that the people at City Hall are protecting our interests (cont.) on the hill? We don't want this kind of thing in our area of town. Criteria #1 Councilman Bohrer commented that the end of the process is in sight. Council should be reviewing the proposed zoning ordi- nance early in 1981. Mrs. Ethel Mae Cole, 16030 -51st Ave. So., asked what Council is going to do prior to adoption of the Comprehensive Plan. Mayor Todd noted that reference is to the zoning ordinance not the Comprehensive Plan which has already been adopted. Mrs. Cole asked Council to listen to the people on the hill. As soon as condominiums are built on the hill the taxes will go up and the value of single family residence will go down. Mr. Ernie Onorati, 5102 So. 163rd Place, gave Council a brief description of the proposals for development of sites in the McMicken area starting back in 1956. The people were there to oppose each of the proposals. The people do not want apart- ments. Why does this have to continue to come up? Mayor Todd said any property owner has the privilege of asking for consideration of a development at any time. This is our way of life. Mr. Onorati said Council knows what the people of his area want so now it is in Council's hands to vote in favor of the citizens. Mr. Thomas Lawrence, 16010 -51st Ave. So., noted that we all have a voice and we all have a vote. There are those who own land and want land and want to make money and those who own land and want to preserve the peace and tranquility on the hill. This is the American way. Our area is a relatively calm area; now, somebody wants to make money. We have a moral responsi- bility to preserve the tranquility of the hill as it now exists. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA NO. 1- -Does the proposed action represent a unique condition Councilman Bohrer noted the proposed action is not unique because there are other properties in the surrounding area that have similar zoning and there have been other similar proposals. *MOTION FAILED. Criteria #2 MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA NO. 2 -Is the proposed action significant in scale Councilman Harris commented that it is significant in scale. There are almost twice as many units requested as originally d 9gs ROLL CALL VOTE: PHELPS NO JOHANSON NO HARRIS NO BOHRER NO SAUL NO VAN DUSEN NO, density level gives little recognition to the HILL NO environmental amenities. TUKWILA CITY COUNCIL, REGULAR MEETING November 17, 1980 Page 8 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Request McNamara Condominiums, McMicken Heights (cont.) Criteria #3 Criteria #4 Criteria #5 when the proposal was presented. Councilman Johanson said this would be the first major impact in that area of multiple dwellings. Councilman Bohrer said it is significant in that it represents a substantial portion of the land in that area which currently has similar zoning but is also currently under single family designation in the Comprehensive Plan. ROLL CALL VOTE: JOHANSON YES HARRIS YES BOHRER YES SAUL YES VAN DUSEN YES, because of intensive environmental modifications of the site. HILL YES PHELPS YES MOTION CARRIED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA NO. 3 -Has the applicant shown that no reasonable alternatives are available which would not require a waiver ROLL CALL VOTE: HARRIS BOHRER SAUL VAN DUSEN HILL PHELPS JOHANSON *MOTION FAILED. ROLL CALL VOTE: HARRIS BOHRER SAUL VAN DUSEN HILL PHELPS JOHANSON *MOTION FAILED. NO NO, application does not indicate that the ap- plicant has addressed this subject. There are reasonable alternatives. N/A N/A N/A N/A NO, they have not shown any alternatives. Councilman Bohrer noted that the applicant's response is that site impact will be kept to a minimum. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA NO. 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 YES NO, do not believe adequate mitigating measures have been provided; in fact, none have been provided. NO NO, stability problems have been demonstrated in that area. NO NO NO MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA NO. 5 -Is the request for waiver consistent with the goals and policies of the comprehensive land use policy plan TUKWILA CITY COUNCIL, REGULAR MEETING November 17, 1980 Page 9 PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS Cont. Waiver Request ROLL CALL VOTE: McNamara Condo- SAUL NO miniums, McMicken VAN DUSEN NO Heights (cont.) HILL NO PHELPS NO JOHANSON NO HARRIS NO BOHRER NO, based on staff's analysis. Criteria #6 Criteria #7 RECESS: 9:26 P.M.- 9:35 P.M. *MOTION FAILED. MOVED BY SAUL, SECONDED BY HARRIS, THAT COUNCIL VOTE YES ON CRITERIA NO. 6 -Do the requirements of this waiver ordinance impose a special hardship to this site ROLL CALL VOTE: VAN DUSEN HILL PHELPS JOHANSON HARRIS BOHRER SAUL *MOTION FAILED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA NO. 7- -Would a grant of the waiver necessitate a major policy commitment prior to the adoption of the new zoning ord- inance and map ROLL CALL VOTE: HILL YES PHELPS YES JOHANSON YES HARRIS YES BOHRER YES SAUL YES VAN DUSEN YES *MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PRELIMINARY WAIVER IS APPROVED AS SUBMITTED.* Councilman Bohrer noted that the votes on the seven criteria were: One is not applicable, and on the remaining six, the Council vote indicated that they would fail this proposal and it was unanimous on all six of them. Mr. Dick Goe suggested that, based on the information on the application form for waiver, the applicant has not given full consideration to the necessities of the planning for that parti- cular piece of property, nor have they given full consideration to the impact of many other items that need to be considered. Since the applicant has not deemed it necessary to come before Council fully prepared with information about the property, your action to refuse the waiver would be in the best interest of the community. *MOTION FAILED 9' 97 YES, there is some constraint on this development. NO YES NO, applicant's response is that it can't be developed in any other way. YES NO, there are other properties with similar problems. NO Council declared a recess. Mayor Todd called the regular meeting back to order with Council Members present as previously reported. TUKWILA CITY COUNCIL, REGULAR MEETING November 17, 1980 Page 10 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Street Vacation Magruder, Patton, Crostick Boyd Annexation Petition -So. 170th 53rd Claim for Damages: Robert W. Abbott ORDINANCES Ordinance #1182 Providing for a cumalative reserve fund for acquiring Fire equipment Ordinance #1183 Appropriate unanti- cipated revenue for payment of fire- fighter FICA RESOLUTIONS Resolution #770 Allowing the Mayor to sign permit agreement with Seattle for Chris- tensen Greenbelt Trail MOVED BY SAUL, SECONDED BY PHELPS, THAT COUNCIL APPROVE THE STREET VACATION REQUEST.* The property is located north of and adjacent to Lot 11 of Block 3 in Hillman's Seattle Garden Tracts and westerly of the westerly margin of Interurban Avenue South. Mr. Ted Uomoto, Public Works Director, said that staff has surveyed the area and the existing utility line is located outside of the proposed area for vacation. He stated he has no objection to the street being vacated. Councilman Phelps asked if the City is re- taining an easement. Mr. Uomoto said the applicant, if he acquires the property, has agreed to grant an easement to the City for the area where the storm drain line is installed. *MOTION CARRIED. MOVED BY SAUL, SECONDED BY JOHANSON, THAT COUNCIL ACCEPT THE ANNEXATION PETITION FOR THE NORTHWEST CORNER OF THE INTERSECTION OF SOUTH 170TH AND 53RD AVENUE SOUTH. MOTION CARRIED. MOVED BY SAUL, SECONDED BY PHELPS, THAT THE CLAIM FOR DAMAGES FILED BY ROBERT W. ABBOTT BE DENIED. MOTION CARRIED. Proposed Ordinance- Mayor Todd noted that Attorney Hard has requested this item be Approving and con- tabled until next week to allow adjustments to the final assess firming the assess- ment roll. ment roll for LID #29 MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT A SPECIAL MEETING BE CALLED AT 7:00 P.M. NEXT MONDAY TO CONSIDER THE PROPOSED ORDI- NANCE APPROVING THE ASSESSMENT ROLL FOR LID #29. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED WITH SAUL VOTING NO. City Attorney Hard read an ordinance providing for a cumalative reserve fund for the purpose of acquiring fire equipment. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ORDINANCE NO. 1182 BE ADOPTED AS READ. MOTION CARRIED WITH SAUL VOTING NO. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney hard read an ordinance amending the 1980 budget as adopted by Ordinance 1139 to appropriate unanticipated revenue for payment of firefighters union FICA court award. MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE NO. 1183 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Wash., allowing the Mayor to sign a permit agreement with the City of Seattle permitting the Christensen Greenbelt Trail to be constructed across the Cedar River Pipeline. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT RESOLUTION NO. 770 BE ADOPTED AS READ. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING November 17, 1980 Page 11 RESOLUTIONS Cont. Proposed Resolution Endorsing sales tax increase for public transpor- tation Resolution #771 Approving agree- ment between City of Tukwila Wash. State Dept. of Transportation DEPARTMENT REPORTS Mayor's Report Special Meeting Tax Levy Finance Director's Report of Invest- ments MISCELLANEOUS AND Budget Hearings ADJOURNMENT 10:00 P.M. Mayor Todd noted that the proposed resolution can be omitted since the sales tax increase was approved on November 4. MOVED BY PHELPS, SECONDED BY VAN DUSEN, THAT THE PROPOSED RESOLUTION BE TABLED. MOTION CARRIED WITH SAUL, BOHRER AND HILL VOTING NO. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution approving agreement between the City of Tukwila and the Washington State Dept. of Transportation to provide street improvements on So. 180th Street at Andover Park East and Southcenter Parkway from I -5 off -ramp to Strander Boulevard and authorizing the Mayor to execute necessary documents. MOVED BY SAUL, SECONDED BY HILL, THAT RESOLUTION NO. 771 BE ADOPTED AS READ. MOTION CARRIED. Mayor Todd noted that the City has not received the certified assessed valuation and may not receive it until November 21st. At the Special Meeting on November 24, the ordinance fixing the amount of tax levies for 1981 will be on the agenda. Interest income for the month of October, 1980, amounted to $19,505.47 from the following activity: Investments Sold $2,832,000 Investments Purchased $2,719,000 FURTHER AUDIENCE COMMENTS Councilman Saul proposed that Council meet only Tuesday and Wednesday nights this week for budget review. He said he felt 4 nights in a row are too much and 11:00 P.M. meetings are too long. Councilman Phelps suggested Council meet on a Saturday to finish the budget review. MOVED BY HARRIS, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. %to r City Clerk