HomeMy WebLinkAbout2002-02-19 Regular Minutes6:02 p.m.
6:58 p.m.
REGULAR MEETING 7:00 p.m.
CALL TO ORDER /PLEDGE OF ALLEGIANCE:
Calling the meeting to order at 7:00 p.m., Council President Richard Simpson led the Pledge of Allegiance. Mayor Steven
M. Mullet was absent.
ROLL CALL:
Calling the roll of Council was Bob Baker, Deputy City Clerk. Present were Council President Richard Simpson; and
Councilmembers Joe Duffie; Joan Hernandez; Pam Carter; Jim Haggerton; and Pamela Linder.
HAGGERTON MOVED; DUFFIE SECONDED; TO EXCUSE THE ABSENCE OF COUNCILMEMBER DAVID FENTON.
The motion carried 6 -0.
OFFICIALS:
John McFarland, City Administrator; David St. Pierre, Assistant City Attorney; Lucy Lauterbach, Legislative Analyst; Jim
Morrow, Public Works Director; Jack Pace, Deputy Director Community Development; Nora Gierloff, Senior Planner;
and Bruce Fletcher, Parks and Recreation Director.
APPOINTMENTS:
Reappointments to
Mac McDonald
Sue King
Steve Schneider
HERNANDEZ MOVED; DUFFIE SECONDED; TO REAPPOINT MAC MCDONALD, SUE KING AND STEVE SCHNEIDER
TO THE LIBRARY ADVISORY BOARD, POSITIONS 3, 4 AND 5 (RESPECTIVELY); ALL TERMS TO EXPIRE 12- 31 -03.
The motion carried 6 -0.
Reappointment to Civil Service Commission
Carol Zuvela Position #3 Term Expires 12 -31 -07
CARTER MOVED; LINDER SECONDED; TO REAPPOINT CAROL ZUVELA TO THE CIVIL SERVICE COMMISSION,
POSITION 3, WITH A TERM TO EXPIRE 12- 31 -07. The motion carried 6 -0.
Reappointment to Parks Commission
Joanne McManus Position #3 Term Expires 3 -31 -05 (present)
DUFFIE MOVED; HAGGERTON SECONDED; TO REAPPOINT JOANNE MCMANUS TO THE PARKS COMMISSION,
POSITION 3, WITH A TERM TO EXPIRE 03- 31 -05. The motion carried 6 -0.
Reappointments to the Planning Commission
-Vern Meryhew
Margaret Bratcher
George Malina
Library Advisory Board
Position #3
Position #4
Position #5
TUKWILA CITY COUNCIL
February 19, 2002
Tukwila City Hall Council Chambers
Executive Session 6:00 p.m.
Personnel Issues Pursuant to RCW 42.30.110(1)(g)
Executive session began.
Executive session ended. No action taken.
Position #1
Position #2
Position #5
Term Expires 12 -31 -03
Term Expires 12 -31 -03
Term Expires 12 -31 -03
Term Expires 03 -31 -06
Term Expires 03 -31 -06
Term Expires 03 -31 -06
(present)
(not present)
(present)
(not present)
(not present)
(present)
(present)
HAGGERTON MOVED; LINDER SECONDED; TO REAPPOINT VERN MERYHEW, MARGARET BRATCHER AND
GEORGE MALINA TO THE PLANNING COMMISSION, POSITIONS 1, 2 AND 5 (RESPECTIVELY); ALL TERMS TO
EXPIRE 03- 31 -06. The motion carried 6 -0.
City of Tukwila
Page 2 of 4
City Council Regular Meeting Minutes February 19, 2002
CONSENT AGENDA:
DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA, AS PRESENTED. The motion
carried 6 -0.
BID AWARD:
a. Approval of Minutes February 4, 2002 (Regular)
b. Approval of Vouchers #234197 234515, in the amount of $738,078.91
Motion to award a contract to Ashford Electric and Construction Company, for the North Hill Reservoir Station
Upgrade, in the amount of $51,451.52
HAGGERTON MOVED; LINDER SECONDED; TO AWARD A CONTRACT TO ASHFORD ELECTRIC AND
CONSTRUCTION COMPANY, FOR THE NORTH HILL RESERVOIR STATION UPGRADE, IN THE AMOUNT OF
$51,451.52. The motion carried 6 -0.
PUBLIC HEARING:
Quasi Judicial Hearing
7:21 p.m. Council President Simpson opened the public hearing.
Riverton Creek Lodge Senior Housing Project
Richard Creamer, Living Care Senior Housing Development, Applicant
Project L051 -056 Design Review; L01 -057 Planned Residential Development
David St. Pierre, Assistant City Attorney, reviewed legal issues and Type -5 decisional criteria to be used by Council.
Additionally, Mr. Pierre reminded Council that planned residential development decisions are appealable to the King
County Superior Court.
David St. Pierre administered an oath /affirmation to those who would testify before the Council on this matter.
Additionally, Mr. St. Pierre sought disclosure by Councilmembers on issues of ex parte contact and /or site visits regarding
this quasi judicial issue. No affirmative disclosures were made. Ms. Carter disclosed two residents asked questions
regarding the project, to which she responded an inability to discuss the matter, based upon the fact it is a quasi judicial
matter. This disclosure, in no way, disqualified Ms. Carter from participating in this matter.
Next, Mr. St. Pierre questioned Council to disclose any potential conflicts of issue. No affirmative disclosures were made.
Finally, Mr. St. Pierre questioned Council's ability to make a fair and impartial judgment in this matter; and whether or
not the public (audience) has an objection to any members of the Council hearing this matter. Council answered
affirmatively; and no public response was received.
Nora Gierloff, Senior Planner, introduced Mr. Denis Bryant, 2819 Elliott Avenue #200, Seattle, President of Living Care
Senior Housing; who, in turn, introduced Mr. Mark Benedum, 12844 Military Road South, Tukwila, Administrator,
Highline Community Hospital, Specialty Care Center.
The proposed project, at 13112 Military Road South, will provide 145 units of senior housing in two buildings on a 10.4
acre site. A special needs residence, named "Creekside" will provide 28 units for individuals with memory impairment
(Alzheimer's disease); and an assisted living facility, named "Riverton Creek Lodge" will provide 117 units for seniors
who require assistance with daily living activities.
The proposed site, zoned LDR and MDR, contains areas of steep slopes and parts of three Class 1 wetlands that are
tributary to Riverton Creek. Approximately 15,000 cubic yards of cut and 12,000 cubic yards of fill will be required to
create proper building sites.
The City SEPA responsible official has determined the proposed project does not create a probably significant
environmental impact and has issued a Determination of Non Significance (DNS).
Floyd Thistle, 3226 So. 130th, Tukwila, spoke in favor of ensuring water rights to their natural spring (off 130th) are
protected. The artesian spring right has been granted to Mr. Thistle since 1932.
Jim Morrow, Public Works Director, assured Mr. Thistle the natural spring rights would, indeed, be protected.
City of Tukwila
Page 3 of 4
City Council Regular Meeting Minutes February 19, 2002
Bob Bernhart, 3418 So. 126th Street, also spoke out of concern for his water rights. He noted Highline Community
Hospital was party to a lawsuit years ago as it related to alleged illegal dumping into the creek. He spoke against any
other such actions. Additionally, he spoke against any run -off going into the creek whatsoever.
Michael Matheson, 11814 115th Ave. NE, Kirkland, Triad Associates, stated his belief that no adverse occurrences
would exist with respect the artesian wells as the Tukwila Municipal Code will be strictly adhered to.
Fern Balch, 13201 32nd Avenue South, Tukwila, spoke in favor of protecting some (particular) trees between the
hospital line property and that of her residence. Ms. Balch offered to work with hospital administration and the architects
to point out specific trees she is in favor of preserving.
Ross Jones, 2814 165th Place NE, Bellevue, Principal, Wattenbarger Architects, noted fencing between the hospital and
residential properties shall be that of cedar. The proposed fencing will prove more than adequate to keep headlights at
the hospital out of the properties of the residents.
Ms. Gierloff called for questions from the Council. She and the gentlemen previously introduced were able to answer
questions as they related to prescriptive requirements, emergency access; proposed easements; building types and
modulation; and proposed unit rental prices.
8:12 p.m. Council President Simpson closed the public hearing.
Consensus existed among council that the PRD complies with current State and City codes; and agreed the application for
PRD should be approved (subject to the items listed in the motion below).
CARTER MOVED; HAGGERTON SECONDED; APPROVAL OF THE PLANNED RESIDENTIAL DEVELOPMENT, AS
PROPOSED. The motion carried 6 0.
CARTER MOVED; DUFFIE SECONDED; APPROVAL OF THE DESIGN REVIEW, WITH THE FOLLOWING
CONDITIONS:
1. The concrete base along the east elevation of the Creekside building and the planter on the south elevation will be
clad with the river rock veneer.
2. The gable at the center of the south -east elevation of the Lodge building will be redesigned to include a mix of
materials similar to other sections of the facade. And,
3. A cedar fence will be installed along the entire south property line.
The motion carried 6 -0.
OLD BUSINESS:
a. Motion to file necessary petition with King Conservation District, including a $5.00 application fee, to
begin the process of becoming a member of the District.
HAGGERTON MOVED; LINDER SECONDED; MOTION TO FILE NECESSARY PETITION WITH KING
CONSERVATION DISTRICT, INCLUDING A $5.00 APPLICATION FEE, TO BEGIN THE PROCESS OF BECOMING A
MEMBER OF THE DISTRICT. The motion carried 6
b. Motion to authorize the Mayor to sign an amendment to Contract 02 -015, with Analytic Assets, in the
amount of $29,500.00, for completion of Phase 2 tasks associated with connectivity issues.
LINDER MOVED; HAGGERTON SECONDED; MOTION TO AUTHORIZE THE MAYOR TO SIGN AN AMENDMENT
TO CONTRACT 02 -015, WITH ANALYTIC ASSETS, IN THE AMOUNT OF $29,500.00, FOR COMPLETION OF PHASE
2 TASKS ASSOCIATED WITH CONNECTIVITY ISSUES. The motion carried 6
c.
Motion to accept as complete Contract 01 -083, with West Coast Construction Co., Inc. of Woodinville,
in the amount of $404,049.42, for the 2001 Small Drainage Projects; and to authorize release of
reta i n age.
HAGGERTON MOVED; DUFFIE SECONDED; MOTION TO MOTION TO ACCEPT AS COMPLETE CONTRACT 01-
083, WITH WEST COAST CONSTRUCTION CO., INC. OF WOODINVILLE, IN THE AMOUNT OF $404,049.42, FOR
THE 2001 SMALL DRAINAGE PROJECTS; AND TO AUTHORIZE RELEASE OF RETAINAGE. The motion carried 6
City of Tukwila Page 4 of 4
City Council Regular Meeting Minutes February 19, 2002
REPORTS:
a. Mayor absent.
b. City Council
Councilmember Duffie attended the February 12 Highway 99 Action Committee meeting.
Councilmember Hernandez attended the February 15 lunch with Julia Patterson and an Arts Gala later that same evening.
Council President Simpson attended the February 12 Highway 99 Action Committee meeting.
Councilmember Carter attended the February 13 Cascade Water Alliance meeting; the February 14 Joint Transportation
Policy Board and Growth Management Policy Board meeting; the February 15 Arts Gala and the February 19 SCATBd
meetings.
Councilmember Haggerton attended the February 13 Cascade Water Alliance Annual Business meeting; the February 14
Airport Communities Coalition meeting and the February 15 luncheon with Julia Patterson and Kimberly Lockard.
Councilmember Linder had no report.
Councilmember Fenton excused absence.
c. City Administrator
John McFarland reported a meeting last week relative to the skateboard park. Over 200 residents in the area were invited
and not one residents showed. Twenty students showed and were invited to the February 25 COW meeting. Mr.
McFarland invited all Councilmembers to the mid winter break camp awards ceremony on Thursday, February 21. 215
students were enrolled in the camp this year. Finally, Mr. McFarland invited Councilmembers to a performance by
Kickshaw, at the Foster Performing Arts Center at 2:00 p.m., on February 21.
d. Legislative Analyst
Lucy Lauterbach reported on an AWC survey, received today, on a sales tax proposal, by the City of Forks. In its form, an
increase sales tax rate of 3 /10ths of a percent would occur; yet a net reduction of sales revenue, in the amount of $2
million. Of the 250 cities within Washington, five would incur such a loss as mentioned by Mr. McFarland. Bills
such as this one will most likely not have "a lot of traction" as many cities will not lobby for such an increase. City
strengths are not strong in this legislature. Bills in Committee right now, only move if they have budget significance.
e. City Attorney
David St. Pierre provided an informational update on litigation with Seattle City Light.
ADIOURNMENT:
8:50 p.m. CARTER MOVED; DUFFIE SECONDED; TO ADJOURN THE REGULAR MEETING.
The motion carried 6 -0.
SL tin in 1
Steven M. Mullet, Mayor
1,.A2 f- Itc L
Robert H. Baker, Deputy City Clerk
Date Minutes Approved: March 4, 2002