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HomeMy WebLinkAbout2003-05-05 Regular MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE: Mayor Steve Mullet called the Regular Meeting to order at 7:04 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL: Jane Cantu, City Clerk, called the roll of Council. Present were Council President Pam Carter; and Councilmembers Joe Duffie, Joan Hernandez, Pamela Linder, Dave Fenton and Richard Simpson. DUFFIE MOVED; HERNANDEZ SECONDED; TO EXCUSE THE ABSENCE OF COUNCILMEMBER JIM HAGGERTON. The motion carried 6 -0. OFFICIALS: Rhonda Berry, Acting City Administrator; Bob Noe, City Attorney; Lucy Lauterbach, Council Analyst; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Steve Lancaster, Community Development Director; Jim Morrow, Public Works Director; and Carol Lumb, Senior Planner, Department of Community Development. Also present was Katie Eskew, Court Reporter, with Byers Anderson Beach of Seattle. Katie was present to report on the (public hearing) Cascade Glen Final Plat Approval. CITIZEN COMMENT /CORRESPONDENCE: None. CONSENT AGENDA: 7:08 p.m. TUKWILA CITY COUNCIL Council Chambers City Hall May 5, 2003 7:00 p.m. REGULAR MEETING MINUTES a. Approval of Minutes April 21, 2003 Regular Meeting b. Approval of Vouchers 243508 243793, in the amount of $1,122,999.43 DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA AS PRESENTED. The motion carried 6 -0. PUBLIC HEARING: Final Plat Annroval Cascade Glen Subdivision The minutes will be supplemented by a verbatim record of proceedings prepared by Katie A. Eskew, Certified Court Reporter, Byers Anderson Beach, Seattle, WA. 7:05 p.m. Mayor Mullet called the item to the table. Bob Noe, City Attorney, described the quasi judicial process; explained the order of events for this evening and administered the oath to those who would testify in this matter. Mayor Mullet opened the public hearing and Carol Lumb, Senior Planner, Department of Community Development, presented an overview of the City's staff report. Included was a background of the project; dates of public meetings; nine conditions of the preliminary plat approval; and decisional criteria for this public hearing. Ms. Lumb reported staff recommends the plat be approved as presented. Larry Heires, Brian Cunningham, Ray Coglas, and Jay Keirouz were all present. City of Tukwila City Council Regular Meeting Minutes Page 2 of 4 May 5, 2003 Brad White, 13429 42 Ave. South, Tukwila, noted the detention pond would prove a suitable habitat in the spring and fall of each year for the potential introduction of the West Nile virus into the Tukwila area via mosquito larvae. Mr. White also spoke of the importance of working the issue and monitoring the site. Denise Ometh, 13264 38 Ave. South, Tukwila, spoke in opposition to the proposed pedestrian path which is a condition listed in the preliminary plat approval. Citing the potential loss of an easement (at her property) as well as safety issues /risks, Ms. Ometh urged the Council to re -think the previously imposed condition. Pam Lonashore. 13264 38 Ave. South, Tukwila, also spoke in opposition to the proposed pedestrian path. She cited issues of privacy, safety and maintenance as her primary concerns regarding the condition listed in the preliminary plat approval. Janis Larsen. 13264 38 Ave. South. Tukwila, spoke of too much water runoff since the beginning of construction. She stated her belief that sidewalks and the pedestrian path would crack, "move" or be destroyed within two years. Safety and the potential for a landslide were Ms. Larsen's reported concerns. Michael Jones. 13025 41 Ave. South, Tukwila, reported his concern with the project is the fact the detention pond is not underground. With a sense of community, he asked his neighbors to sign a petition to formulate a dialog with the builders regarding the plat approval. To his (and his neighbors') dismay, the detention pond is far too big and poses a health risk with the West Nile Virus potential. He reported reading a newspaper article entitled "U. S. Outbreak Leads the World in 2002" as it relates to the West Nile Virus. Verna Griffin. 14488 48th Ave. South. Tukwila, purchased a lot in the Cascade Glen plat and her dream home is to be built on Lot #17. For that reason, she has a vested interest and will keep an eye on the development and the maintenance of the proposed pedestrian path, if it is built. Aaron Heraert. 13217 38 Ave. South, Tukwila, stated his concern with the proposed pedestrian path and the open detention pond. He spoke against both conditions listed in the preliminary plat approval. Rav Conlas, P. E., Proiect Manager, Earth Consultants, Inc., spoke in response to citizen concerns of slope stability. He reported, with assurance, that the lots are suitable for building. His company will be there during the development of the lots and would not proceed if conditions were not suitable. Brian Cunninaham, responding to citizen and Council inquiry, noted hydroseeding has occurred in an area abutting the property of Ms. Ometh, Longshore and Larsen. This was done, in part, to assist in the prevention of excess water runoff. Councilmember Linder noted Tukwila has a Council that listens to its citizens. Hearing the desire of the citizens after the preliminary plat approval is difficult as Council is just now hearing of the desire for no pedestrian path. Councilmember Hernandez asked if preliminary plat conditions may be eliminated before final plat approval. Both Mr. Lancaster and Bob Noe, City Attorney, answered in the affirmative. A change in circumstances could warrant it, as long as the decision is not arbitrary and /or capricious. The makeup of asphaltic concrete was discussed and defined. It was also noted that maintenance of the proposed pedestrian path would be the responsibility of the Homeowners' Association. Further discussion took place on an existing easement held by Ms. Ometh, Longshore and Larsen and it was reported that an easement was granted in connection with building the pedestrian pathway. This was new information to Ms.'s Ometh, Longshore and Larsen. City of Tukwila City Council Regular Meeting Minutes 9:10 p.m. Mayor Mullet closed the public hearing. 9:19 p.m. Mayor Mullet re- opened the public hearing. *VOTE ON THE MAIN MOTION CARRIED 6 0. Matter is continued to May 19, 2003. 9:25 p.m. Mayor Mullet declared a 5- minute recess. 9:33 p.m. Mayor Mullet reconvened the meeting. REPORTS: a. Mayor b. City Council Page 3 of 4 May 5, 2003 Gary Greer, owner of the property where the pedestrian pathway shall go, granted the easement, yet is willing to withdraw it if the condition is removed. He granted the easement out of perceived obligation to do so. FENTON MOVED; DUFFIE SECONDED; TO ADJOURN THIS HEARING FOR TWO WEEKS; ALLOWING TIME FOR THE DEVELOPER TO OBTAIN WRITTEN STATEMENTS FROM THOSE (6) PRE -SALES AND THE TWO HOMEOWNERS (CURRENTLY UNDER CONSTRUCTION) AND AT LEAST A MAJORITY OF THOSE PEOPLE WHO LIVE ON 38 AVENUE SOUTH, ON WHETHER OR NOT THEY WOULD LIKE TO SEE THE PEDESTIAN PATH PUT IN THEIR NEIGHBORHOOD.* Council debated the merits of the motion and issues surrounding the proposed pedestrian path. Bob Noe, City Attorney, advised the public hearing must be re- opened and left opened for a period of two weeks to receive additional information from a majority of the homeowners and would -be homeowners in the area of 38 Avenue South. FENTON MOVED; SIMPSON SECONDED; TO ADJOURN THE PUBLIC HEARING FOR TWO WEEKS TO RECEIVE ADDITIONAL INFORMATION FROM THE DEVELOPER. The motion carried 6 -0. Based on the fact this matter has been continued for two weeks, Bob Noe advised /reminded Council this matter remains quasi- judicial in nature and they may not speak to the public regarding this subject, nor consider additional information outside of the public hearing forum. The applicant must bring the information back in two weeks for Council consideration. Council may view the site property. Mayor Mullet reported planned attendance to a conference entitled "Re- inventing Neighborhoods" with Steve Lancaster on May 7. Next, the Mayor announced Ralph Hagler, of the Sabey Corporation, would like to see the Tukwila Village project started in the spring of 2004. This, of course, means the City must do several things before that time. More details will follow. Mayor Mullet then announced David Niemeyer, new Tukwila City Administrator, will attend the May 19 City Council meeting for Council confirmation and approval of employment contract. He may begin work as early as June 23, 2003. Councilmember Duffie attended and reported on this evening's Finance and Safety Committee meeting. He asked Jim Morrow and Rhonda Berry to report on particular items from that agenda. Minutes from that meeting will be distributed within a week. Councilmember Hernandez attended the April 29 Community Affairs and Parks Committee meeting as well as this evening's Finance and Safety Committee meeting. Ms. Hernandez plans to attend the May 8 Equity Diversity Commission meeting. City of Tukwila City Council Regular Meeting Minutes Page 4 of 4 May 5, 2003 Council President Carter attended an April 29 community meeting hosted by King County Councilmembers Rob McKenna and Dave Irons. The meeting was held to receive public input on the Regional Transportation Investment District. On May 1, Ms. Carter attended the dedication ceremony and reception wherein the American Institute of Aeronautics and Astronautics declared the "Boeing Red Barn" an historic site. Next, Ms. Carter reported planned attendance to the Transportation and Planning Board meeting and the Chamber Luncheon at the Museum of Flight. Finally, Ms. Carter reported receipt of an AWC activity report wherein AWC and the National Conference for Community and Justice staff members will visit with Tukwila City and School representatives (in May) to explore the possibilities of getting involved in NCCJ's Youth Leadership Program. No specific dates have been set for this visit. Ms. Lauterbach will follow up and report back to Council. Councilmember Linder reported receipt of an e-mail regarding a meeting on Domestic Violence, to be held in Renton, on May 14, from 7 to 9 p.m. Ms. Linder spoke in favor of lending the City of Tukwila name and attending the meeting. Councilmembers present, with the exception of Mr. Fenton, spoke in favor of lending Tukwila's name to the effort. Councilmember Fenton had no report. Councilmember Simpson had no report. c. Staff Rhonda Berry had no report. d. City Attorney Bob Noe had no report. e. Legislative Analyst Lucy Lauterbach had no report. MISCELLANEOUS: Mayor Mullet reported local jazz artist Greta Matassa will perform as Ella Fitzgerald and Billie Holiday on Wednesday, May 14 at the Foster Performing Arts Center. Tickets cost $20, with proceeds benefiting the Tukwila Children's Foundation. Councilmember Simpson reported a suspected drug deal (on the Highway) May 2. After driving to the Neighborhood Resource Center, he asked a camera to be pointed to the area in question. Mr. Simpson reported that since he left the NRC, "those cameras have degraded something terrible." They need to be repaired as the pictures appear fuzzy and are not working properly. For those reasons, no violation was verified or reported. ADJOURN: 9:54 p.m. FENTON MOVED; DUFFIE SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 6 -0. Steven M. Mullet, Mayor Date Minutes Signed: May 19. 2003 Robert H. Baker, CMC, Deputy City Clerk