HomeMy WebLinkAbout2001-09-04 Regular MinutesTUKWILA CITY COUNCIL
September 4, 2001 7:00 p.m.
Tukwila City Hall Council Chambers
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
Mayor Mullet called the meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance.
ROLL CALL:
City Clerk Jane Cantu called the roll of Council. Present were Councilmembers Joe Duffle, Pam Carter, Joan Hernandez,
Council President; Jim Haggerton, Pamela Linder, David Fenton, and Richard Simpson.
CITY OFFICIALS:
Mayor Steven M. Mullet; City Administrator John McFarland; City Attorney Bob Noe; City Attorney David St. Pierre;
Council /Legislative Analyst Lucy Lauterbach; City Clerk Jane Cantu; Public Works Director Jim Morrow; Human Services
Coordinator Evie Boykan; Police Captain Doug Partlow; Planning Manager Jack Pace; Associate Planner Nora Gierloff;
Records Manager Rosa Krows; Senior Engineer Michael Cusick.
SPECIAL PRESENTATIONS: None
CITIZEN COMMENT /CORRESPONDENCE: None
CONSENT AGENDA:
a) Approval of Minutes: 8/20/01
b) Approval of Vouchers in the amount of $722,389.92
c) Authorize Mayor to sign contract for services with ECONorthwest in the amount of $31,000 for the Tukwila
Urban Center sub -area planning project (Phase I))
Moved by Duffie, seconded by Fenton, to approve the Consent Agenda as submitted. Motion carried 7 -0.
PUBLIC HEARINGS:
a. Proposed cancellation of CDBG funding for the Cascades Park project, and consideration of recommendations
for 2002.
Human Services Coordinator Evie Boykan explained the City had learned that the use of CDBG funds to purchase property
for Cascade View Park would trigger federal housing relocation requirements. Those requirements would have created
additional costs to the project that were considered to be unrealistic. As a result, general fund dollars were used to
complete the purchases. Consequently, it is necessary to formally cancel the allocation of CDBG funds for this project.
The proposal for 2002 includes: continuation of the utility connection program as well as the Duwamish Neighborhood
Improvement Project which is to fund infrastructure; support senior citizen affordable housing; and continue the support of
the Recreation Leader position in Parks Recreation program assigned to the senior program.
Ms. Boykan explained the First Time Home Buyer's Program does not show funding for next year because not all funds
currently allocated have been used. Boykan also explained the Nutrition Coordinator position was changed to Recreation
Leader. The Recreation Leader position will assume some of the same duties as the former Nutrition Coordinator and
some additional duties yet to be determined.
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Lisa Kious, LATCH Program, reported the City of SeaTac has awarded funding to the LATCH program in 2001 and is
supporting the program in 2002 as well. This regional commitment the City of Tukwila is helping to show is really helping
us leverage significant amounts of money from King County and from the State. Kious acknowledged appreciation for
Tukwila's support.
Regarding senior housing, Boykan explained there is no dollar limit with capital funds for senior housing. And about
minor home repairs, not as many requests received as funds available, but those who have taken advantage of the program
are very pleased with it.
Mayor Mullet declared the public hearing open at 7:15 p.m. There being no public comments, Mayor Mullet declared the
hearing closed at 7:15 p.m.
Moved by Linder, seconded by Fenton, to cancel the CDBG funds allocated for Cascade View Park. Motion carried
7 -0.
Moved by Carter, seconded by Linder to allocate funds for 2002 for the CDBG passthrough allocation as shown on
page 11 in the agenda packet. Motion carried 7 -0.
Moved by Carter, seconded by Duffie, that in the event the amounts of money are not as anticipated, the
information on page 12 of the packet is used for increasing the allocation and on page 13 for the decreasing the
allocation. Motion carried 7 -0.
b. The proposed use of Local Law Enforcement Block Grant (LLEBG) funds to reduce crime and improve public
safety.
Rosa Krows, Records Manager, explained that a grant in the amount of $48,812 was awarded to the City on July 25, 2001.
This hearing satisfies the Bureau of Justice Assistance's requirement that one public hearing be held prior to expending any
grant funds.
No council action required.
Mayor Mullet declared the public hearing open at 7:25 p.m. No public comments forthcoming, Mayor Mullet closed the
hearing at 7:25 p.m.
Councilmember Fenton commented that this is a tremendous program and asked if it is an annual grant process. Ms.
Krows responded that it is a congressional appropriation and it is undetermined whether it will continue in the future. The
City's match to the grant funds $54,024.
c. Proposed Zoning Code Amendments
Mayor Mullet declared the public hearing open at 7:30 p.m.
Nora Gierloff reviewed each of the proposed amendments as follows:
a) Change the floor area ratio limitation in LDR to a lot coverage standard;
b) Eliminate increased setbacks for the second story of structures in Low Density Residential (LDR);
c) *Prohibit the use of cargo containers as storage sheds in residential and commercial zones;
d) Add additional detail to landscape plan requirements;
e) Revise the Zoning Code definition of building height to match the Washington State Building Code;
f) Revise the Zoning Code definition of story to match the Washington State Building Code;
g) Delete High Tech as a Use Category;
h) Correct Figure 18 -4 Location and Measurement of Yards on Lots;
i) *Add Pawnbrokers as allowed or conditional uses in specified Zones;
j) *Add a definition for Pawnbrokers;
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NOTE: Only those proposals evoking public comment or requiring additional consideration by Council were
included below. All remaining proposals were accepted as presented.
Public Comment:
k) *Add Internet Data Centers as allowed or conditional uses in specified Zones; deleted
1) *Add a definition of Internet Data Centers;
m) Amend the Subdivision Standard for Turnarounds;
n) Remove the fee for Street Vacations from the Zoning Code;
o) Change the Zoning Code to allow structures over the right -of -way.
Pat Molera. Western Cascade. 12605 44' Pl. So.. Regarding Proposal (c) Prohibit the use of cargo containers as
storage sheds in residential and commercial zones, he noted no recommendation as treating existing containers or future
containers as garbage dumpsters requiring a full enclosure. He suggested a code that would deal with them, noting it is an
inexpensive way to have ground level, watertight, and lockable storage.
Regarding Western Cascade, per the new code, TMC 18.50.120, the use of shipping containers is allowed in certain areas.
However, there is no consideration taken for special use zoning which Western Cascade has which is grandfathered
commercial zoning in a residential area. Molera asks the City include Western Cascade's special use zoning in the
allowable use.
Councilmember Carter asked for proposals on how the City would handle this kind of a situation if a special use is granted.
City Attorney Bob Noe after talking with DCD staff it was decided to wait for Council to make a policy decision and then
provide some options on how to make that policy decision work. Councilmembers agreed with Mr. Fenton that it would be
difficult to make a decision until an inventory of properties that would fall into this category was determined. Ms. Gierloff
explained the options the CA &P Committee discussed were 1) as of whatever date the ordinance passed, no new cargo
containers /storage sheds special uses would be allowed; and 2) try to go back and have the existing ones removed from all
or some areas; or 3) try to get the existing ones screened and any new ones screened. Any of those would require an
inventory to determine where we stood. An inventory would be very tough to establish because there are no permits.
Consequently, we'd have to ask building inspectors where they'd seen them, etc. Councilmember Fenton commented he
sees no reason to penalize the schools because they have them.
Regarding Proposal (i) Add Pawnbrokers as allowed or conditional uses in specified Zones, Ms. Geirloff reported that
the current pawnbrokers in the City were notified by mail of this hearing. There was no comment received. In response to
a question from Councilmember Haggerton, Police Captain Doug Partlow explained there have been no problems with
pawnbrokers in the City, but by their very nature, pawnbrokers do occasionally attract an unsavory element. The
regulation on pawnshops, the monitoring, the tracking of pawnshops is becoming time sensitive and labor intensive.
Currently, the police department uses volunteers who aid in tracking pawn transactions. The two pawnshops in town have
not been particularly problematic, but if we had a half dozen or so, we'd have to dedicate a tremendous amount of
resources to them.
Councilmember Carter noted that this isn't the type of business that caters to local neighborhood folk. It attracts a clientele
from a wider region and is more of a regional use, different from a barbershop. Captain Partlow agreed and added that if
there is only one pawnshop within five or ten square miles, it will be highly visited and highly active. Councilmember
Carter said she'd spoken with a developer who said it's been his experience that potential businesses consider it an
undesirable element in the neighborhood. Many tenants would choose not to move into something because of certain types
of businesses, pawnshops being one. Council President Hernandez noted her personal concern that if someone was going
to invest a lot of money in the NCC, they might find it an undesirable land use. Councilmember Carter said the committee
had proposed to the Planning Commission conditional uses in the RC and the RCM and then outright permitting it in the
TUC, CLI, LI, HI, and TVS. Those areas are more distant from residential. However, the Planning Commission didn't see
it that way. Councilmember Linder said neighborhood commercial doesn't seem like a good spot for pawnshops.
Councilmember Fenton said he doesn't want to see any more in the City but would lean toward grandfathering the two that
are here and not allowing any in the NCC. Councilmember Duffle agreed with keeping the two that are already located
here but not adding any more. Following Council deliberation, it was decided that this issue would come back in the form
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of it's own ordinance. Ms. Gierloff reviewed the options: 1) exclusively, pawnshops are not allowed, but we would not try
to amortize the existing ones; 2) allow them specifically in the more intense retail zones, but not in NCC.
Proposal (j) Add a definition for Pawnbrokers based on above, a definition would be added.
Proposal (k) Add Internet Data Centers as allowed or conditional uses in specified Zones Ms Gierloff explained the
Planning Commission based their decision on the impacts of these centers in that they're big, they tend to be blank, sort of
"warehousey They tend to have a lot of HVAC equipment and emergency backup generators. They can generate noise,
which is limited by the noise ordinance, but it's still there somewhat more than other businesses. Councilmember Carter
noted that some of the zones, for instance the MIC /L and MIC /H, we aren't undergrounding in those areas because they're
heavy industrial areas. But something like the middle of the TUC and the RC, some of those RC's we do require
undergrounding and we would expect it. Then we're allowing a use where undergrounding really isn't very practical.
Carter wondered if we're sending a mixed message. Ms. Geirloff offered to make a map of commercial and industrial
zones versus undergrounding areas.
Proposal (m) Add a definition of Internet Data Centers Councilmember Carter complimented the staff on the amended
definition noting it is more readable.
Proposal (n) Amend the Subdivision Standard for Turnarounds Councilmember Hernandez stated she is not in favor
of mandatory "island She would prefer to encourage it rather than make it mandatory. Ms. Gierloff stated that almost all
cud -de -sacs in subdivisions and there is some flexibility to negotiate design for a subdivision approval. That's where you'd
see some of the landscape islands come in —a staff and council negotiated issue, rather than something in the code.
Councilmember Linder added she would support it whenever we could get it and keep it maintained.
Council direction was to separate Proposals (c), (i), and (k) from the current draft.
Public Comment:
Daryl Doke, 11917 4' Ave SW, said is he awaiting a decision on proposal (a) and (b). He has several properties he wants
to develop that have been denied because of current problems with lot coverages.
There being no further public comments, Mayor Mullet declared the hearing closed at 8:25 p.m.
OLD BUSINESS:
A resolution rejecting all bids for the upgrade to lift station #7.
Moved by Haggerton, seconded by Duffie, the resolution be read by title only. The motion carried 7 -0.
City Attorney Bob Noe read the title of the proposed resolution.
Moved by Duffie, seconded by Hernandez to approve the proposed resolution as read. Motion carried 7 -0.
APPROVED RESOLUTION #1472
NEW BUSINESS:
a. Authorize the Mayor to execute agreement with AHBL, Inc., in the amount of $121,405.00 for design of
the water, sewer and storm drainage system associated with the Foster Point Revitalization Project.
Moved by Carter, seconded by Haggerton, to authorize the Mayor to execute the agreement with AHBL, Inc., in the
amount of $121,405.00 for design of the water, sewer and storm drainage system associated with the Foster Point
Revitalization Project.
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Public Works Director Jim Morrow said he hoped to see construction begin next year. Information on the project will be
offered to neighborhood people in a public works workshop in the future.
*Motion carried 7 -0.
A resolution setting a public hearing date for vacation of a portion of 51 Ave. S.
Moved by Duffie, seconded by Hernandez, the proposed resolution be read by title only. Motion carried 7 -0.
City Attorney Bob Noe read the title of the proposed resolution.
Moved by Duffie, seconded by Carter, the proposed resolution be read by title only. Motion carried 7 -0.
City Attorney Bob Noe read the title of the proposed resolution.
Jim Morrow requested Council amend the date of the public hearing to read October 8, 2001 to allow the time needed to
notify the property owners.
Moved by Carter, seconded by Duffie, to amend the date of the public hearing to read October 8, 2001. Motion
carried 7 -0.
*Motion carried as amended 7 -0.
APPROVED RESOLUTION NO.1473
c. A resolution expressing support for the campaign to support racial justice.
Moved by Hernandez, seconded by Haggerton, the proposed resolution be read by title only. Motion carried 7 -0.
City Attorney Bob Noe read the title of the proposed resolution.
Moved by Hernandez, seconded by Haggerton, the proposed resolution be approved as read.*
Council President Hernandez requested an action plan from council for the September 19 campaign. Councilmember
Carter suggested a banner across S. 144 and Tukwila International Blvd. Hernandez asked that ideas be brought to the
Equity and Diversity meeting on September 6 for discussion /consideration.
*Motion carried 7 -0.
APPROVED RESOLUTION NO.1474.
REPORTS:
a. Mayor
Mayor Mullet reported his attendance at the Tukwila School District opening program. He introduced the 54 Gates
scholarship recipients noting this was an outstanding achievement for Foster High School. Mullet also: attended a slide
show Police Chief Keith Haines presented on his recent trip to the Congo; toured the ITT Technical College near the
Boeing Employees Credit Union and was asked to speak at their graduation this year; began review of TCC golf course
club house.
b. Council
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Councilmember Duffie spoke again about the problems with crows in his neighborhood. Mayor Mullet said he'd try to
get him some help.
Councilmember Carter attended: an open house by the State Agriculture Dept.on the long -horned Asian beetles August
29` the Congo presentation given by Police Chief Keith Haines.
Council President Hernandez reported her attendance at the Congo presentation, and announced that it could be seen
again at the September 11` Highway 99 Action Committee meeting. Hernandez reported receiving a citizen complaint
about speeding on 160t She passed the information along to the police chief and wrote a letter in response to the resident.
In addition, Hernandez noted she sent a letter along to Dwayne Hayes who left correspondence at the council table last
week and requested a response.
An issue regarding the Tukwila Historical Society grant was referred to the Community Affairs and Parks Committee.
Council also received an email from Megan Elliott of AWC offering to serve as a resource to cities who want to become
involved in the campaign to promote racial justice or that otherwise wish to address diversity or racial issues in their
communities. They will have a web page on their site that will be dedicated to racial justice, offer workshops in an effort
to promote diversity, use for networking with one another at conferences, and will also serve as a media contact to help
generate positive attention to cities' and towns' efforts in this area.
Councilmember Haggerton reported he would circulate a flyer in his neighborhood to start the formulation of a Block
Watch program on 43` and 160'. Haggerton reported on the ACC retreat to be held Saturday, October 13.
Councilmember Linder addressed the issue of neighborhood signs that was discussed at the August 28` Community
Affairs and Parks Committee meeting. Linder knows of a small group of people interested in serving on a committee to
come up with a proposal citywide on how each neighborhood might handle it, come up with some basics on sign sizes, put
together a budget, and determine where the signs would be located. On another issue, Linder reported that Warren Wing
called to inform her that the Interurban would celebrate its 100` birthday in September 2002. The only part of the
Interurban remaining is the four pillars at 115" across the river. This issue will go to the CA &P Committee in two weeks.
Councilmember Fenton reported on the Finance and Safety Committee agenda. The curfew ordinance is set for
permanent status and will be discussed at the September 10` COW. Next discussed was legislature's directive that cities
name the person responsible for accepting claims for the city. An ordinance written by David St. Pierre, City Attorney's
Office, names the City Clerk or the Deputy City Clerk as the responsible individuals. The ordinance will be on the
September 17` Regular Meeting agenda. Also discussed at the F &S Committee was the Council travel policy which will
come to the full council on September 10` The final agenda item was an update on the 2002 budget.
Councilmember Simpson No report.
c. Staff
City Administrator John McFarland noted the draft noise ordinance is currently being circulated to staff. Attorney
St.Pierre identified a Washington Administrative Code (WAC) regulation that states we cannot regulate the operation of
firing ranges. McFarland also reported on police action that occurred over the weekend. A man in the Allentown
neighborhood fired a handgun repeatedly and was subdued by the police department. Finally, McFarland re- stated the
crow issue would be looked into.
City Attorney Bob Noe reported the Department of Ecology requires our noise ordinance be consistent with the WAC's.
City Attorney David St. Pierre reported Puget Sound Energy is attempting to pass a 17 percent rate increase along to the
consumer. The City has filed a motion to intervene. The motion was granted by the Washington Utilities and
Transportation Commission fighting that effort. The public counsel, the Assistant Attorney General, representing the
public interest, has filed a motion to have that rate increase stopped. Also, the Shoreline Hearings Board has declared
invalid the Shoreline Master Program rules passed November 29, 2000 that requires all state jurisdictions to adopt new
Shoreline Master Programs by November 29, 2002. If and when an appeal to that decision is filed, a superior court judge
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will determine whether the rules will still be in effect. Consequently, it would be prudent to continue working towards
compliance as much as possible until we know the outcome.
d. Miscellaneous
Council President Hernandez reminded Council of the September 12 Suburban Cities meeting. RSVP's are needed by
September 10`
ADJOURNMENT:
9:21 p.m. Moved and seconded to adjourn the meeting. Motion carried 7 -0.
a ev" iv`H ^14414,4
Steven M. Mullet, Mayor
7J E. Cantu, CMC, City Clerk
Date Minutes Approved: September 17, 2001