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HomeMy WebLinkAbout1985-05-20 Regular MinutesTUKWILA CITY COUNCIL May 20, 1985 Tukwila City Hall 7:00 P.M. Council Chambers CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS IN ATTENDANCE REPORTS Correspondence from Group W Cable Receipt of Petition for Annexation Request for Executive Session 7:05 p.m. Support for Annexation of Fire District #1 CONSENT AGENDA Regular Meeting MINUTES Mayor Van Dusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. LIONEL C. BOHRER, MABEL J. HARRIS, EDGAR D. BAUCH, Council President, DORIS E. PHELPS, WENDY A. MORGAN, CHARLES E. SIMPSON. JAMES HANEY, City Attorney; MAXINE ANDERSON, City Clerk; DON MORRISON, City Administrator; BRAD COLLINS, Planning Director; DON WILLIAMS, Parks Recreation Director; ROSS EARNST, City Engineer. Mayor Van Dusen reported that he has received correspondence from Group W Cable requesting a meeting with the Tukwila Elected Officials to discuss an increase in rates. MOVED BY BAUCH, SECONDED BY PHELPS, THAT THE LETTER FROM GROUP W CABLE BE PLACED IN THE COMMUNITY AFFAIRS COMMITTEE.* *MOVED BY MORGAN, SECONDED BY BOHRER, THAT THE MOTION BE AMENDED TO PUT THE LETTER IN THE UTILITIES COMMITTEE. MOTION CARRIED. Mayor Van Dusen reported that a notice of intent to commence annexation proceedings has been received from a small area west of 51st avenue South between South 164th and So. 166th. This item will be placed on the agenda for a future Council Meeting for discussion with the initiating parties. MOVED BY BOHRER, SECONDED BY BAUCH, THAT COUNCIL CONSIDER A PERSONNEL MATTER IN EXECUTIVE SESSION AT THE CONCLUSION OF THE MEETING. MOTION CARRIED. COUNCILMAN DUFFIE ARRIVED AT THE MEETING. Councilman Simpson reported that the Duwamish Community Club expressed their support for the proposed annexation of Fire District #1 to Tukwila. He understands that the petition has been circulated and filed with the Prosecuting Attorney's Office. a. Approval of Minutes of May 6, 1985 b. Approval of Vouchers Claims Fund Vouchers #21915 #22079 95,108.07 15,836.33 7,886.68 3,464.75 1,938.89 120.64 9,035.06 35,996.62 201.01 7,548.86 $177,136.91 c. Accept the recommendation of the Planning Department and set June 24, 1985 for a public hearing on the Comprehen- sive Plan amendments to the McMicken Heights Annexation properties. Current Fund Golf Course Spec. Rev. Street Fund Arterial Street Federal Shared Rev. Land Acq, Bldg, Dev. Water Fund Sewer Fund Firemen's Pension Equipment Rental TUKWILA CITY COUNCIL, REGULAR MEETING May 20, 1985 Page 2 CONSENT AGENDA Cont. d. Accept the recommendation of the Planning Department and set June 24, 1985 for a public hearing on the McMicken Heights Annexation Zoning. Resolution #952 e. A resolution of the City of Tukwila, Wash., providing for the payment of medical service benefits for LEOFF I Firefighters from the Firemen's Pension Fund established under Chapter 41.16 RCW. Ordinance #1348 f. An ordinance of the City of Tukwila, Wash., amending Section 10 of Ordinance No. 322 of the City of Tukwila,establishing procedures for the foreclosure of delinquent LID assessments and specifically establishing penalties, providing for the acceleration of install- ments, requiring that foreclosure proceedings be com- menced before July 1 of each year, prescribing notice to property owners, providing for attorney's fees, repealing Ord. No. 766 and 1256. Budget Transfer 85 -03 g. Approve Budget Transfer No. 85 -03 to purchase refrigera- tor for Fire Station No. 51. Resolution #953 h. A resolution of the City Council of the City of Tukwila, Wash., accepting the turnover of a sanitary sewer main and manhole constructed by Gerald Knudson in 58th Avenue South from the end of the cul -de -sac on such street to South 149th Street. Resolution #954 i. A resolution of the City Council of the City of Tukwila, Wash., accepting the turnover of a storm sewer manhole constructed by Normed -Shaw Partnership on certain pro- perty adjacent to South 131st Place. BID AWARDS Crestview Park Phase I OLD BUSINESS MOVED BY SIMPSON, SECONDED BY DUFFIE, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Council President Bauch asked to have Items B, C and D removed from the Consent Agenda. *MOTION CARRIED. Council Member Phelps reported that the Park and Recreation Committee reviewed this project. Bids for construction were received and Golf Landscaping was the low bidder with a bid of $259,745.07. The basic bid of $170,170.23 is below the budgeted amount, but in order to do both Alternates 1 and 2, a budget transfer will be necessary. It was recommended that funds be transferred from the Christensen Trail Dike Fund since that project will not be done this year. MOVED BY BAUCH, SECONDED BY MORGAN, THAT COUNCIL ACCEPT THE BID OF GOLF LANDSCAPING FOR THE BASIC AND ALTERNATES 1 AND 2 FOR THE AMOUNT OF $259,745.07.* MOVED BY BOHRER, SECONDED BY PHELPS, THAT ANY DUPLICATE ITEMS BE DELETED FROM THE THREE BID ALTERNATES. MOTION CARRIED. *MOTION CARRIED. 5 MOVED BY BAUCH, SECONDED BY BOHRER, THAT THE BUDGET TRANSFERS BE PREPARED AND BE REFERRED TO THE NEXT COMMITTEE OF THE WHOLE. MOTION CARRIED WITH PHELPS VOTING NO. Appeal of D.S. for The revised Findings and Conclusions on the appeal of Spring Ridge In- Determination of Significance for Spring Ridge Investments vestments were presented to Council for consideration. TUKWILA CITY COUNCIL, REGULAR MEETING May 20, 1985 Page 3 OLD BUSINESS Cont. Appeal of D.S. for Spring Ridge In- vestments (cont.) RECESS: 7:45 p.m. 7:55 p.m. Jay P. Derr, Attorney for Spring Ridge, asked if he could submit additional proposed findings to Council. Attorney Haney said they could respond providing they did not submit new testimony. If new testimony is allowed, the Public Hearing would have to be reopened. Council recessed for five minutes to allow time to research the minutes from May 13, 1985, to verify the procedure used in ending the Public Hearing. Mayor Van Dusen called the Regular Meeting back to order with Council members present as previously reported. Attorney Haney reported that, from listening to the tape, the testimony portion of the Public Hearing was closed. At one point, a motion was made to adopt the Staff's Findings and Conclusions but it died for lack of a second. Council Member Bohrer made a motion that Staff update their Findings and Conclusions based on the testimony. During the discussion on this motion, the applicants indicated they wanted to have a response to the updated findings. Attorney Haney recommended that the applicant be allowed to submit his findings in writing, that Council consider them along with the Staff's findings and deliberate to arrive at their own conclusion. Their should be no new testimony or factual evidence presented. Scott Shanks, Commercial Design Associates, Inc. presented their additional findings and conclusions to Council. MOVED BY BOHRER, SECONDED BY SIMPSON, THAT COUNCIL ADOPT THE REVISED FINDINGS AND CONCLUSIONS AS GIVEN IN THE AGENDA PACKET AS OF THIS DATE AS THE COUNCIL'S FINDINGS AND CONCLUSIONS IN THIS MATTER OF THE APPEAL.* Council Member Morgan said she is concerned that the City should concentrate its efforts in requesting environmental information about items pertaining to Lot 1. It is reason- able to request information pertaining to that because there is something from which to respond; there is nothing to respond to on Lot 2. We can respond to it when we receive a proposal. Two concerns of environmental significance are traffic and surface water issues. Council Member Harris said she has lots of problems. We are looking at one proposal that doesn't include the pond. How can we ask the purchasers of Lot 1 to say what is going to happen to the adjoining lot which is owned by someone else. Councilman Bohrer said that everybody would like to see an appropriate development on the site as soon as possible, but what is appropriate. The major problem with the proposal before us is the action will only look at an E.I.S. on Lot 1. I don't believe Council can decide if the mitigating measures proposed are adequate based on the data presented to us. There are other alternatives open to the developer that will allow him to proceed. It was stated that phase development was required on this piece of land; we have had no financial testimony data that says this is the case. If it does require phase development; it does not eliminate the desire to have total planning done at the outset. This would make everyone more comfortable with the process. Defining the street and utility layouts, and defining the pond and wetlands size, shape and location could be done with very little effort and still allow the developer to proceed with his plans. The City has looked at the problems of the whole TUKWILA CITY COUNCIL, REGULAR MEETING May 20, 1985 Page 4 OLD BUSINESS Cont. Appeal of D.S. for Spring Ridge In- vestments (cont.) 8:50 p.m. (6b) Approval of Vouchers S ;o 40 acres, not the area excluding the southeast corner. After the subdivision occurs, Lot 2 is a very strange looking lot and getting access to it is very difficult unless you are going right through the middle of the pond with 58th Avenue South. Then, another access could be made off of Andover Park West and that would go through the pond. To develop on both sides of the street, you would be filling the pond. This development is a major action and does significantly impact the quality of the environment. If the intention of the City is to try to retain some aspect of the pond, I believe we are best advised to ask for an initial plan for the entire site instead of letting it go with this piecemeal approach to development. Council President Bauch expressed sympathy to those trying to develop this piece of property. They are presented with the problem of traffic that really is not caused by the property; traffic is already horrendous in this area. This has to be addressed by the City and the businesses. However, a straight subdivision runs away from the problem. We have always looked at that piece of property as a whole unit and the environmental concerns need to be treated as a whole. It was unfortunate that the developer could not have discussed this with Couincil to find out how they really feel. Until the environmental impact of the whole area is addressed, Mr. Bauch said he would have to support the staff report. MOVED BY BAUCH, SECONDED BY PHELPS, THAT THE MOTION BE AMENDED TO ALSO ADOPT THE RECOMENDATION OF THE RESPONSIBLE OFFICIAL AS GIVEN IN THE STAFF REPORT. MOTION CARRIED WITH DUFFIE VOTING NO. Council Member Harris said she doesn't agree with some of the Findings and Conclusions so she will have to vote no on the motion. ROLL CALL VOATE: BOHRER YES HARRIS NO BAUCH YES PHELPS YES DUFFIE NO MORGAN YES SIMPSON YES MOTION CARRIED: 5 YES; 2 NO. Council President Bauch noted that reconsideration of Resolution 736 is in the Community Affairs Committee. Councilman Simpson was excused from the Meeting. Council President Bauch noted that the vouchers included one for the Police Department for $2,000 and the budget line item shows $1,000. There was no budget transfer included. Also, the Ogden, Ogden and Murphy Invoice includes charges for review of Criminal Code. MOVED BY BAUCH, SECONDED BY BOHRER, THAT COUNCIL APPROVE THE VOUCHERS EXCEPT FOR #1841, POLICE DEPARTMENT, AND ON TWO VOUCHERS #1241, JUST REMOVE THOSE ITEMS IN EXTRA LEGAL FOR THE CRIMINAL CODE. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING May 20, 1985 Page 5 OLD BUSINESS Cont. (6b) Approval of Vouchers (Cont.) (6 c d) Compre- MOVED BY BAUCH, SECONDED BY DUFFIE, THAT COUNCIL SET JUNE 24 hensive Plan and FOR A PUBLIC HEARING ON THE AMENDMENTS TO THE COMPREHENSIVE Zoning Code Amendments PLAN FOR THE MCMICKEN HEIGHTS ANNEXATION AREA. MOTION CARRIED. NEW BUSINESS Proposed Design for 57th Ave. So. Street Project Set Public Hearing date for the World Wide Cargo Appeal Set Public Hearing date for the Windmark Appeal EXECUTIVE SESSION ADJOURNMENT 9:45 P.M. MOVED BY BOHRER, SECONDED BY DUFFIE, THAT THE ITEMS REMOVED BE PLACED IN THE FINANCE AND PERSONNEL COMMITTEE. MOTION CARRIED. Attorney Haney commented that it is his understanding that at the time Ogden, Ogden and Murphy were hired as City Attorney, they specifically asked to have review of the Criminal Code considered as a special project as it had been done by the previous attorney. MOVED BY BAUCH, SECONDED BY HARRIS, THAT COUNCIL SET JUNE 24 FOR A PUBLIC HEARING ON AMENDMENTS TO THE ZONING CODE FOR THE MCMICKEN HEIGHTS ANNEXATION AREA. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY MORGAN, THAT COUNCIL SET MAY 28 AS THE DATE TO ACCEPT THE PROPOSED DESIGN AND HOLD A PUBLIC HEARING ON THE 57TH AVENUE STREET PROJECT.* Ross Earnst, City Engineer, gave a brief presentation on the proposed design for the 57th Avenue South street Project. He reviewed the grade and parking problems they are confronted with. If a citizen has not signed the license to construct, the City will notify the individual that the project is going forward and the contractor will do his best to blend the new construction in without entering onto the property. Council Member Morgan commented that the Transportation Committee listened to the citizens and tried to meet their needs. *MOTION CARRIED. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT COUNCIL SET JUNE 3 AS THE PUBLIC HEARING DATE TO CONSIDER THE APPEAL OF A PLANNING COMMISSION DECISION FILED BY WORLD WIDE CARGO SERVICES. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY PHELPS, THAT COUNCIL SET JUNE 17 AS THE PUBLIC HEARING DATE TO CONSIDER THE APPEAL OF A BOARD OF ARCHITECTURAL REVIEW DECISION BY WINDMARK HOMES, INC. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY PHELPS, THAT COUNCIL GO INTO EXECUTIVE SESSION TO DISCUSS A PERSONNEL MATTER. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY DUFFIE, THAT COUNCIL GO OUT OF EXECUTIVE SESSION. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Cam' Gary L. %Vat1 Dusen, Mayor 'M axine Anderson, City Clerk