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HomeMy WebLinkAbout1981-09-15 Regular MinutesSeptember 15, 1981 TUKWILA CITY COUNCIL 6:30 P.M. REGULAR MEETING FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS BUDGET PRESENTATION Planning Department M I N U T E S City Hall Council Chambers Councilman Saul, presiding in the absence of Mayor Todd, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. L. C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, DORIS E. PHELPS, DANIEL J. SAUL. MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCILMAN JOHANSON BE EXCUSED FROM THE MEETING. MOTION CARRIED. OFFICIALS IN City Attorney LAWRENCE E. HARD, Administrative Assistant SHARON ATTENDANCE WYLIE, Finance Director ALAN DOERSCHEL, Parks and Recreation Director DON WILLIAMS, Planning Director BRAD COLLINS, Public Works Director TED UOMOTO, Building Official AL PIEPER, Planner FRED SATTERSTROM. Sharon Wylie, Administrative Assistant, asked that Mayor Todd be excused from the meeting due to illness. Brad Collins, Planning Director, presented the Planning Department proposal for the 1982 budget. He stated there are three critical issues: (1) Second stage development; (2) Tukwila's piece of the action; (3) Accountable Departmental management. Mr. Collins said the concern in the second stage development is that if we fail to manage our growth it will present more costs than benefits and it is within the City's interest to maintain close supervision of its physical expansion and redevelopment. Our approach to growth pressure within the community must be to manage this development /redevelopment in the most efficient and effective manner, consistent with local policies and in pursuit of local goals. This is the only way to get the most for the money. Staff is anticipating there will be considerable challenges to the new zoning code. We are developing the centralized permit process. This will increase efficiency. We have the need for a capital improvement program. The Planning Department is fairly well prepared to address the issue. We have a 6 -year street plan and 6 -year park plan and the department is trying to sort through the various aspects of the plans. Staff wants to tackle the problem, They feel the tremendous future of the second stage of development is at a critical point. An important issue is regional planning. By the time Tukwila is asked to make a decision on a regional issue the decision has become a foregone conclusion. Most of the decisions that are made affect the City to a great extent. We will have to determine how we can have a greater say in regional planning. One of the things we are concerned about is that Tukwila has been listed No. 3 in the trans- portation system. There is the overflow of air traffic at Sea Tac Airport. It has been suggested that a new airport be built east of Redmond. These plans have not been carried forth. When the expansion occurs it has been suggested that they start using Boeing Field. This would cause air traffic over Tukwila. We may suffer economic setbacks if the airport is located outside of Tukwila. Pressures have been created in the area of annexation. The King County Development Guide sets up new policies. This may have great impacts on these areas. A lot of communities are going to be seeking incorporation or annexation to incorporated areas. Tukwila may be trying to push out and other areas may be pushing in on us. The City could end up with a planning area ending at the existing City limits with no opportunity for corporate expansion or a rapidly expanding planning area and City boundaries. The real issue facing departmental management is the completion of the reorganization of the Planning, Building, and Recreation Departments. It is expected to be completed soon with the full imple- mentation of the centralized permit system. After this lengthy period Tukwila City Council Regular Meeting September 15, 1981 Page 2 BUDGET PRESENTATION Planning Department contd. REPORTS Mayor CONSENT AGENDA Contd. 7 of individual self direction for most of the personnel, changing assignments which are just now being put into effect will require further adjustments before the Planning Department is operating as designed. Communication and accountability are the primary concerns, and specific tracking measures which do not rely on personal skills are being implemented to reduce communication breakdowns. For example, in the past building inspection has been the responsibility of the building official. In the centralized process system we are pushing on -site inspection rather than outside inspection. This reorganization will take increased amount of time. In the 5 months Mr. Collins has been here as Planning Director considerable time has been spent on this centralized permit process. It prevents a breakdown of communication in each action. In technical adminis- tration if one of our specialists is not in the office it gives the City the appearance of not having things under control. We want to better identify and have cross training for personnel to provide better service. Mr. Collins said they have tried to present the issues facing the Planning Department and explain what recourse they are requesting and how they fit into the system. Mr. Collins showed, with slides, the 1982 program budget forecast for the Planning Department. It included effective land use decision making, responsive long -range planning; necessary inter- governmental communication; responsible public policy analysis; efficient building compliance administration; accountable performance/ resource management. Chairman Saul state the Mayor's presentation of the outstanding citizen award to Mr. G. John Doces, the reading of resolution, and acceptance of a fountain from Mr. Doces would be delayed until Mayor Todd and Mr. Doces can be present. A. B. Approval of Minutes: September 1, 1981 Approval of Vouchers Claims Fund Vouchers #1863 #2010 Current Fund Golf Crse.Spec.Rev. Street Fund Fed. Shared Rev. Land Acq.Bldg,Dev. Water Fund Sewer Fund Fireman Pension 1863 1950 1951 1952 1973 1974 1975 1976 1977 1995 1996 2008 2009 2010 58,830.49 24,662.26 23,882.22 1,956.70 12.20 8,816.66 19,310.73 183.95 $137,655.21 C. Ord. #1229 amending the 1981 budget as adopted by Ord. #1197 to appropriate unanticipated revenue. D. Final acceptance of the Tukwila Community Center Remodeling Project. E. Approval of the expenditure of $7,000 for the Strander Boulevard Rechannelization Project. F. Approve design award for the Interurban Avenue Development Plan to Horton Dennis and Associates for lump -sum of $19,980. MOVED BY HILL, SECONDED BY PHELPS, THAT THE CONSENT AGENDA BE APPROVED. Councilman Harris said she questioned two vouchers presented for payment. One was a warrant for 13 ferry trips for senior citizens. Don Williams, Parks and Recreation Director, said it was the trip of the year for senior citizens and required two ferry trips. Councilman Harris said the other question was about Voucher #1893 for $350 to the City of Milwaukie, Oregon to pay for the presence of Steven Hall, former Public Works Director, during court proceedings in connection with one of the LIDs. She said Mr. Hall's salary for the time he was away from his job in Oregon should be paid out of compensatory time he would be entitled to. Tukwila City Council Regular Meeting September 15, 1981 Page 3 CONSENT AGENDA Contd. OLD BUSINESS Upgrade for position of Parks Rec. Dir. NEW BUSINESS Prop. Ord. reclassi- fying certain lands from R -3 to C -1 (P &L Co.) Prop. Ord. amending the Comprehensive Plan Map. Prop. Ord. reclassify- ing certain lands from R -1 to C -1 (Schneider). Larry Hard, City Attorney, said he had not realized the voucher was in that amount for his services. The City has had correspondence with the City of Milwaukie about this matter. He recommended that the Council not approve the voucher. He said Mr. Hall should be compensated for his travel expenses in coming here, his presence was required in the court proceedings and it should have been professional courtesy. Mr. Hard said he would like to look at his files on this matter. MOVED BY BOHRER, SECONDED BY PHELPS, TO AMEND THE MOTION AND NOT PAY VOUCHER NO. 1893 AND THE FERRY VOUCHER UNTIL THE MATTER HAS BEEN LOOKED INTO. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. MOVED BY BOHRER, SECONDED BY HARRIS, THAT ITEMS 7A, 7B, 7C BE FORWARDED TO THE NEXT REGULAR COUNCIL MEETING. MOTION CARRIED, WITH PHELPS VOTING NO. Don Williams, Parks and Recreation Director, said with vacations and elections coming up it has been difficult for all 7 members of the Council to be present to discuss the upgrading of the position. He asked that the matter be discussed at the next meeting, whether or not all members are present, or if it cannot be discussed at that time it be tabled until budget reviews. MOVED BY PHELPS, 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, Washingtoi reclassifying certain lands from R -3 to C -1, as described in Planning Department Master File No. 81 -21 -R. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Washington amending the Comprehensive Plan Map. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED. COUNCIL PRESIDENT VAN DUSEN ARRIVED AT THE MEETING AT 7:50 P.M. He requested Councilman Saul to continue as Chairman of the meeting. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Washington reclassifying certain lands from R -1 to C -1 as described in Plannsing Department Master File No. 81 -24 -R. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. Councilman Harris said there are people in the audience who do not want to see the zoning changed. Councilman Hill said Council has approved C -1 zoning next to R -3 zoning. Now Council is saying down here it cannot be done. For example, we have an area of 5 acres, what if we have one lot that does not want to go C -1, do we hold it back until everyone wants to be rezoned. He said he thought the area being considered should stay R -1 until Mr. Schneider comes in and presents his plans. P and L presented their entire plan to the Council and the impact it would haw Council should not consider this until they know the effect it is Tukwila City Council Regular Meeting September 15, 1981 Page 4 NEW BUSINESS Contd. Prop. Ord. reclassify- ing certain lands from R -1 to C -1 (Schneider) contd. going to have on the rest of the people. When they have a plan then the change should be considered. Richard Wilson, attorney representing Schneider, said Mr. Schneider does have a plan and presented it to the Planning Commission and they would be glad to present it to Council. There is an office on the corner and this is a proposal for a two -story building of about 12,000 square feet. Some surveying has been done. The proposed building will be 100' away from the buildings and below them. They have no intention of interferring with the neighbor's view or causing noise, because office use is clean and quiet. Brad Collins, Director of Planning, said the property is P -0 and proposed to be single family. Mr. Richard Wilson said office use is a good buffer. The Planning Commission has recommended denying the request. The neighbors are not objecting because of the use, they want their property included in any plans that are made and developed concurrently with Mr. Schneider's property. Unless they can take part in the development of that site they are going to oppose it. They cannot come up with adverse objections. Traffic would be their only concern. Mr. Simonds has said he has had parking in front of his driveway, but this has been taken care of. Mr. Schneider will cooperate on the parking. The Comprehensive Plan shows this as office. A cross section shows it below the grade of the neighbors. The main reason for opposing this is not due to impact but because they themselves are not sharing the benefits. Mr. Schneider wants to build a two -story building that will harmonize and contribute to the City. Councilman Phelps asked what progress has been made in obtaining a building permit? Mr. Wilson said an application has not been made. They have some cross sections and a general outline of the building. They have talked to Mr. Merrick and Mr. Simonds and they do not seem to be able to come to a common agreement. They want Mr. Schneider to buy them out or else sell to them. This does not seem fair. Councilman Bohrer said Mr. Williams has said there is a 30' vegetation buffer. The plans show 10' buffer and 5' in another place. The plan is not known as it is not attached to the ordinance before Council. There is no assurance that any of the conditions are going to be respected. The Planning Commission, in rejecting the proposal, said there are a number of impacts not addressed. One was the parking and he has noticed there has been parking on the City streets. In the past that parking has been in front of one of the neighbor's driveway. There are other aspects the Planning Commission considered when reviewing this proposal. There is one similarity between this and the P &L rezone. In one case the recommendation from the Planning Commission is that it not be rezoned. He wanted to point out that in the one case the rezone is from R -3 not R -1. There are no agreements that go with the ordinance. Brad Collins, Planning Director, said he has copies of the exhibit. One had a mistake and had to be corrected. Mr. Wilson said there is a 30' buffer and if there is not sufficient vegetation it can be added. There has been reference to the parking problem. The one instance that has been brought to attention has been corrected. You cannot enter Southcenter Boulevard through Macadam Road. Employees of the building have been told not to park on the street. If covenants are needed, they will furnish them. Mr. Lee Phillips, 6550 South 154th, said the property where he lives is alongside the building. There are four families who live there. They intend to be there for some time. They would like to see Mr. Schneider build a house on the property. They do not want parking there. They have views and want to keep the property R -1. Councilman Harris asked Mr. Phillips if he was willing to sell to Mr. Schneider? Tukwila City Council Regular Meeting September 15, 1981 Page 5 NEW BUSINESS Contd. Prop. Ord. reclassify- ing certain lands from R -1 to C -1 (Schneider) contd. RECESS 8:30 8:40 P.M. Waiver approval for Shimatsu request along Southcenter Parkway. *MOTION FAILED. Mr. Phillips said he was not willing to sell. If Mr. Schneider wants to build down there, then let him buy the hill. Mr. Merrill Simonds,15460 65th Avenue South,said he does not want Mr. Schneider to buy his place. He did not like to have to keep coming up to City Hall every week to keep his home. He said parking has been kept away from his place. Lee Phillips, audience, said this constant harassment with requests for rezone keep him from doing anything to his home. He and his neighbors like to know when they make improvements to their property they are going to be able to keep them. Mr. Wilson said Mr. Merrick had stated that the property owners had unified a plan for office and they would favor rezoning all five lots. Joanne Davis, 5906 South 144th, said she has noted that some new construction has heat pumps on the roofs. It can be a noise factor. This is a consideration when an office building is put in near R -1 zoning. Brad Collins said plans indicate that heating equipment will be other than on the roof. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE TUKWILA REGULAR CITY COUNCIL MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. The Regular City Council Meeting was called back to order by Chairman Saul, with Council Members present as previously listed. Brad Collins, Planning Director, said there is information on the soils report dated September 11, 1981. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA NO. 1 OF THE WAIVER CHECKLIST, "DOES THE PROPOSED ACTION REPRESENT A UNIQUE CONDITION Brad Collins, Planning Director, explained the fill work that would be done. Gary Van Dyke, contractor, said they would be preloading the fill. At Wendy's restaurant they used another method. He said they would be removing the peat, put in fill, and then it can be developed in six months. Mr. Collins said the fill permit cannot be issued without the waiver. He said the fill will occur somewhat similar to Wendy's. There will be no cut into the toe -of- the slope. They must get the fill permit and then the rezone, although the fill permit does not commit the City to the rezone. *ROLL CALL VOTE: SAUL, BOHRER, PHELPS VOTING NO; HILL, VAN DUSEN VOTING YES; HARRIS VOTING NOT APPLICABLE. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE COUNCIL VOTE YES ON CRITERIA NO. 2, "IS THE PROPOSED ACTION SIGNIFICANT IN SCALE ROLL CALL VOTE: SAUL, HILL, BOHRER VOTING YES; VAN DUSEN, HARRIS, AND PHELPS VOTING NO. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE COUNCIL VOTE YES ON CRITERIA NO. 3, "HAS THE APPLICANT SHOWN THAT NO REASONABLE ALTERNATIVES ARE AVAILABLE WHICH WOULD NOT REQUIRE A WAIVER Councilman Bohrer said staff points out that the only action that would not require a waiver is construction of a single family home which does not seem appropriate. ROLL CALL VOTE: SAUL, HILL, VAN DUSEN, BOHRER, JOHANSON, HARRIS, PHELPS VOTING NOT APPLICABLE. Tukwila City Council Regular Meeting September 15, 1981 Page 6 NEW BUSINESS Contd. Waiver approval for Shimatsu request along Southcenter Parkway contd. 3 4 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA NO. 4, "IF THE REQUEST FOR WAIVER INVOLVED 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." Councilman Bohrer said he would like to look at the fill permit. The key is that Council set the policy on building that there should be no building above 30'. That would resolve the issue. Brad Collins, Planning Director, said it was the policy at Wendy's that no cutting occur beyond the toe -of- the slope. Councilman Harris asked if the fill is put in will it cause a slide? Bill Bailey, contractor, said the fill would help stabilize. Councilman Bohrer asked about drainage when the fill is put in. Mr. Bailey said drains would be put in if necessary. *ROLL CALL VOTE: SAUL, HILL, VAN DUSEN, BOHRER, HARRIS, PHELPS VOTING YES. MOVED BY VAN DUSEN, 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 ROLL CALL VOTE: SAUL, HILL, VAN DUSEN, BOHRER, HARRIS, PHELPS VOTING YES. MOVED BY VAN DUSEN, SECONDED BY HILL, 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: SAUL, BOHRER VOTING NO; VAN DUSEN, HARRIS VOTING YES; HILL AND PHELPS VOTING NO APPLICABLE. MOVED BY VAN DUSEN, SECONDED BY HILL, 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 ORDINANCE AND MAP ROLL CALL VOTE: SAUL, HILL, VAN DUSEN, BOHRER, HARRIS, PHELPS VOTING NO. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT CITY COUNCIL APPROVE THE PRELIMINARY WAIVER AS SUBMITTED. MOTION FAILED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT CITY COUNCIL APPROVE THE PRELIMINARY WAIVER SUBJECT TO CONDITIONS AS RECOMMENDED BY STAFF. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE MOTION BE AMENDED AND THERE BE ADDED TO SECTION ONE THAT THERE BE NO CUTTING OR FILLING ABOVE ELEVATION 30. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Chairman Saul said the Council would now vote on Criteria No. 4 on filling. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE CITY COUNCIL VOTE YES ON CRITERIA NO. 4: "IF THE REQUEST FOR WAIVER INVOLVED BUILDING, GRADING, CLEARING, EXCAVATION, OR FILLING IN A GEORGRAPHICAL AREA GENERALLY IDENTIFIED BY THE ENVIRONMENTAL BASE MAP AS AN AREA OF HIGH NATURAL AMENITY OR DEVELOPMENT CONSTRAINT ARE SUFFICIENT MITIGATING MEASURES PROVIDED." Councilman Bohrer said he understood a new procedure would be used for the fill. Bill Bailey, contractor, said they would fill the site in the area of the building. The fill will extend about 25' beyond the end of the building. On top there will be 4' of surcharge. After 6 months the surcharge will be removed and placed in the parking lot. He said there would be a consultant supervising the job along with the Planning Department. Tukwila City Council Regu September 15, 1981 Page 7 NEW BUSINESS Contd. Waiver approval for Shimatsu request along Southcenter Parkway- contd. Prop. Ord. relating to sidewalk construc. amending Ord. #1158 1217. lar Meeting Councilman Harris said whenever a piece of property has been filled, the water was squeezed out to the other property. What is going to happen to the runoff? Mr. Bailey said the runoff will go into the storm sewer. During construction they will abide by the King County Hydraulic requirements. Councilman Bohrer said the concern that he has is that the City will go ahead and issue the fill permit and if the development is not completed there will be negative impacts in that the area will suffer with mud or dust and from looking at an unsightly development. He would like some assurance that if the fill permit is granted the development will proceed. Brad Collins, Planning Director, said the property is not properly zoned. The applicant could issue a performance bond that would say they would restore the property if the development does not proceed. Peter Van Dyke, contractor, said when they proceed this far and have filled in the land they will have invested $275,000. They are leasing the property on a 50 year lease. He said if they should not proceed they could put it back like it is, a swamp that breeds mosquitoes and blackberry vines. He said they want to start before the rainy season. After the fill is in they have to wait 6 months. The terms of the land lease do not start until the place opens. They intend to do a good job. Councilman Bohrer asked Mr. Van Dyke if he had any objections to a performance bond. Mr. Van Dyke said they would be willing to execute a performance bond. Brad Collins asked if they would knock down the surcharge and cover it with ground cover? Larry Hard, City Attorney, said if the fill permit is granted and the contractor goes into bankruptcy there is very little the City could do. Mr. Van Dyke said they can get a performance bond with insurance. *MOTION PASSED, WITH SAUL, HILL, VAN DUSEN, BOHRER, HARRIS, AND PHELPS VOTING YES. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT THE PRELIMINARY WAIVER IS APPROVED SUBJECT TO THE CONDITION OF A SATISFACTORY BOND TO COVER REGRADING THE SITE TO ELEVATION 25 AND RESEEDING IT WITH SOME GROUND COVER IF THE DEVELOPMENT DOES NOT PROCEED. MOTION CARRIED. Councilman Phelps said the proposed ordinance came forward from the Committee of the Whole Meeting to approve the ordinance only and the Public Works Committee is going to be studying the agreement and bring it back for a recommendation at a later date as it relates to implementation of the sidewalk ordinance. The Developer's Agreement will be presented later. The action tonight will implement the ordinance. Councilman Bohrer said he would recommend if it is to be considered tonight, it needs some modification. He suggested putting it forward again. Brad Collins, Planning Director, said the City Attorney has an ordinance that was not prepared in time to be on the agenda. It excludes the last phrase. Councilman Bohrer said his concern relates to the last paragraph in the ordinance. It says, "In the event a building permit is sought....and we cannot provide a finished grade...as the condition then we will enter into an agreement which says the development shall put the improvement in by a certain date." He said his feeling is that the City should not key that requirement strictly Tukwila City Council Regular Meeting September 15, 1981 Page 8 NEW BUSINESS Contd. Prop. Ord. relating to sidewalk construc. amending Ord. #1158 #1217 contd. Sign Code Revision Process Technical Committee. MISCELLANEOUS Political Signs Policy Position on Metro proposal. to the City not being able to define the conditions in this manner. There may be other reasons why the City wants to take that path. He said he would prefer that be generalized. Also, part of the discussion the Council had was that they wanted both the require- ment that you enter into a developer's agreement and the option that the City tell the developer when to construct, instead of one or the other. The current wording is the "either /or" instead of both. He said these are his concerns. In general, he said he would prefer wording that would say that granting of this waiver is contingent upon the applicant signing a developer's agreement to enter into construction when the City so designates and an agreement to enter into an LID, whichever is the City's option. This would give the City the most flexibility in getting the job done as quickly as possible and with the least inconvenience to the developer. City Attorney Hard said this is different than he had understood. If a property owner seeks to delay construction of the sidewalk then he has to come to the City Council. The way it is now it gives administration the responsibility to negotiate with the developer. Councilman Bohrer said that is correct. Brad Collins, Planning Director, said his understanding is that in the event Council is requested by the applicant and in fact wishes to grant a waiver for some other reason the Council could require a contingency on that waiver. There are two things that trigger entering into these agreements, one is the applicant requesting the waiver and the other is in the event the street right -of -way is not finished then the Director of Public Works could enter into an agreement regarding the sidewalks. Councilman Bohrer said that is what he is suggesting. There is the issue of who negotiates the agreement, or when it occurs, whether it is the Council or administration. In general, our process has been that negotiation has been developed by administration, but Council sees that it takes action. There is a section in the Council Procedures that says we must have the written paper before there is action on it. City Attorney Hard said his understanding is that Council wants to grant final review of the agreement to grant a waiver. He said he could have a revised ordinance ready for the next Committee of the Whole Meeting. Councilman Van Dusen said if the City waits for an LID down there it will be a long time. It is a shame to see people walking in the ditches. He suggested that City Attorney and Councilman Bohrer confer on the revised wording. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT THE PROPOSED SIDEWALK ORDINANCE BE PUT FORWARD TO THE NEXT COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. Brad Collins, Planning Director, said the City has asked for volunteers to provide names for consideration for the technical committee. At present there are 4 members on the committee. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE COUNCIL CONCUR WITH THE PROPOSED PURPOSE STATEMENTS. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT IN SECTION 4 IT PROVIDE FOR ENFORCEMENT OF THE SIGN CODE. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Councilman Harris said she had noticed political signs posted on City rights -of -way. This is prohibited by the sign code. Councilman Harris said she wanted to bring up the fact that Metro has been dumping effluent in the river. She said Tukwila should go on record as backing the proposal to take it out to Seahurst and dump it in the bay. Tukwila City Council September 15, 1981 Page 9 MISCELLANEOUS Metro Proposal Maule Ave. Charge for parking at Fort Dent. ADJOURNMENT 10:15 P.M. Regular Meeting MOVED BY HARRIS, SECONDED BY PHELPS, THAT STAFF BE DIRECTED TO MAKE UP A RESOLUTION STATING THE CITY OF TUKWILA BACKS THE ACTION OF METRO TO SEND THE EFFLUENT TO THE BAY. MOTION CARRIED, WITH HILL VOTING NO. Councilman Harris said she has been contacted about the fact that Maule Avenue has been filled up by a piece of property and people are complaining that it has not been graded or anything has been done because it is a short cut through and is a place to park. Interurban has no on- street parking. Frank Todd and Jerry Knudsen just filled Maule Avenue over and left it that way. We have a street there that is nothing but dirt. People are worried that if nothing is done about it, they will not be able to drive on it. MOVED BY HARRIS, SECONDED BY BOHRER, THAT MAULE AVENUE NEXT TO THE RIVERSIDE BE RESURFACED OR SOMETHING DONE ABOUT SO IT IS USABLE.* Councilman Bohrer said there is an issue about whether or not the base is appropriate for the surface of the street and where the sewer studs are located. The condition on the fill permit was that sewer studs be raised and he believed they had not been raised. Councilman Saul asked if all of the rest of Maule Avenue up to that place is accessible and you can drive and walk on it. City Attorney Hard said there are a number of issues or problems that need to be resolved. Councilman Harris said the fill permit did not give anyone a right to fill over a dedicated City street. It was done and now it should be put back so it can be driven on. Councilman Phelps said the conditions of the fill permit should be reviewed. Councilman Bohrer said the normal procedure for granting permission to improve public property is an executed developer's agreement. There are two pieces of property involved and there is a fill permit to fill one. He said he was interested that the agreement be carried out. COUNCILMAN VAN DUSEN LEFT THE MEETING AT 10:05 P.M. City Attorney Hard said he would look at the fill permit and see if a violation has taken place. He will report to the City Council. *MOTION WITHDRAWN, WITH APPROVAL OF SECOND. MOVED BY HARRIS, SECONDED BY BOHRER, THAT CITY ATTORNEY HARD RESEARCH THE FILL PERMIT WITH THE INTENT OF FINDING OUT WHAT HAS NOT BEEN ACCOMPLISHED, INCLUDING LOCATING THE DEVELOPER'S AGREEMENT. MOTION CARRIED, WITH HILL VOTING NO. Joanne Davis, audience, said she had been told they are charging to park at Fort Dent. She asked if anything has been done about Sipe's Trail? She stated the mailer for Parks and Recreation never gets to her on time. It is delayed and classes are filled when she goes to register. Mr. Williams, Parks and Recreation Direction, said he has talked to the Postmaster. Sharon Wylie, Administrative Assistant, said she would write a letter to the Supervisor of Mails. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE REGULAR MEETING ADJOURN. MOT e' ARRIED. Dae1 `J. Saul C4rman L %rte -erL! '4 -J No Booher, Recording Secretary