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HomeMy WebLinkAbout1997-04-07 Regular MinutesApril 7, 1997 7:00 p.m. TUKWILA CITY COUNCIL REGULAR MEETING MINUTES CALL TO ORDER Mayor Rants called the Regular Meeting to order and led the audience in the Pledge of Allegiance. ROLL CALL JOAN HERNANDEZ; JIM HAGGERTON, Council President; ALLAN EKBERG; STEVE MULLET; PAM CARTER; PAM LINDER. Councilmember absent MOVED BY MULLET, SECONDED BY HERNANDEZ, TO EXCUSE COUNCILMEMBER DUFFIE. MOTION CARRIED (6 -0). OFFICIALS JOHN MCFARLAND, City Administrator; BOB NOE, City Attorney; STEVE LANCASTER, DCD Director; REBECCA FOX, Associate Planner; ROSS EARNST, Public Works Director; LUCY LAUTERBACH, Council Analyst; JANE CANTU, City Clerk. CITIZEN COMMENTS Dorothy Assink (San Juan Apts.), 15232 62nd Avenue South, thanked Councilmember Joan Hernandez for stopping by and leaving information about the hill behind the apartments. Public Works Director Ross Earnst has informed her that work should begin very soon to repair the damages caused by a hillslide about a year ago. Assink also commended the 911 officers for responding so quickly by coming to her house after she had somehow mistakenly set off a signal to 911 when she dialed her party's seven digit phone number. CONSENT AGENDA Daniel Aragon, 4610 South 124th, commented that he was concerned about the bumps in the road on 124th and 22nd that have not been repaired. He says he has been complaining for over two years and nothing has been done. Aragon says neglecting repairs could result in the breakage of a gas line, which would then be very hazardous. Mayor Rants requested the Public Works Director Ross Earnst look into this situation and provide him with a full report. a. Approval of Minutes: 3/24/97 (Spec. Mtg.) b. Approval of Vouchers: Nos. 91911 through 92209 in the amount of $1,358,091.25 Tukwila City Hall Council Chambers Regular Meeting Minutes April 7, 1997 Page 2 Consent Agenda (Cont'd) PUBLIC HEARING Ord. #1793 amending a portion of TMC Chapter 18.34 reinstating the 115 foot height limit in the HI Zone c. Authorize Mayor to accept turnover of 1,950 linear feet of 48 inch storm drain interceptor built to drain Tukwila's Nelson Place/Longacres sub -basin to the P -1 Channel in Renton d. Authorize Mayor to sign Pacific Highway bridge temporary construction easement and permanent slope easement. (Grantor: The Boeing Co.) MOVED BY HERNANDEZ, SECONDED BY HAGGERTON, TO APPROVED THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED (6 -0 Duffie absent). Mayor Rants opened the public hearing at 7:11 p.m. and announced the hearing will address reinstating the 115 foot height limit in the heavy Industrial Zone MOVED BY HERNANDEZ, SECONDED BY LINDER, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Bob Noe read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON RELATING TO ZONING, AMENDING A PORTION OF ORDINANCE NO. 1758 AS CODIFIED AT CHAPTER 18.34 OF THE TUKWILA MUNICIPAL CODE, REGARDING HEIGHT LIMITS IN THE HEAVY INDUSTRIAL ZONE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HAGGERTON, SECONDED BY HERNANDEZ, THAT ORDINANCE NO. 1793 BE ADOPTED AS READ.* DCD Director Steve Lancaster explained that the proposed ordinance would reinstate a building height allowance that existed prior to adoption of the new Development Code in 1995. When height regulations were modified in the CBD during the adoption of the current Zoning Code, height regulations were modified to allow 115 foot height in the TUC and TVS zones outright. This action eliminated the height exception overlay previously applied to this area. As no change was made to the underlying 45 foot height Regular Meeting Minutes April 7, 1997 Page 3 Public Hearing (Copt' d) Public comments Public hearing closed OLD BUSINESS Comp Plan /Zoning Code amendments restriction for the HI zone, this had the effect of reducing allowed height for the HI zone. For clarification, Lancaster stated this is a height that applies to the southern most portion of the valley floor (south of 180th Street) in the Heavy Industrial District. It is not to be confused with the height issue on Hwy. 99. None. Mayor Rants closed the public hearing at 7:14 p.m. Councilmember Mullet commented that the original intent of the Council was to include the 115 foot height limit; however, it was inadvertently omitted from the Code during the Comprehensive Plan discussions. Councilmember Haggerton commented that in addition to the height issue, Design review is also required for new developments over 45 feet in height. He is in complete support of this. *MOTION CARRIED (6 -0 Duffie absent). Mayor Rants emphasized that this was not a public hearing but that public comments were welcomed on this issue. DCD Director Lancaster explained that tonight's public meeting can be considered the annual meeting that essentially kicks off the annual consideration of proposals to amend the Comprehensive Plan. After tonight's meeting, the Council may choose whether a specific proposed amendments will be considered further, dropped or deferred, depending on whether or not the proposed amendment would have a significant impact on the Comprehensive Plan. The specific substance of any proposed amendment which continues in the process will be reviewed by the Planning Commission, and then referred back to the City Council for final decision. Lancaster said it is the Administration's and staff's recommendation that Council take under advisement the information received tonight and make a screening decision at an upcoming Council meeting after they've had an opportunity to review all proposals and any additional letters that may have been Regular Meeting Minutes April 7, 1997 Page 4 Comp Plan /Zoning Code Amendments (Cont' d) Public Comments submitted after the fact. There are six proposed Comprehensive Plan /Zoning Code amendments: 1) Extend the current Building Height Exception area to permit potential development of up to 10 stories at 15820 Pacific Highway South 2) Change LDR (Low Density Residential) to MDR (Medium Density Residential) to construct a 32 -unit condominium project between Pacific Highway S. and 40th Ave. S. at 38th Ave. extended. 3) Establish MIC/L (Manufacturing/Industrial Center Light) for unzoned property at intersection of E. Marginal Way and Interurban Ave. S. 4) Allow Senior Citizen Housing 50 100 units per acre in various Comprehensive Plan designations 5) Amend certain Transportation and Natural Environment policies per Puget Sound Regional Council recommendation 6) Clarify definition and siting process for Essential Public Facilities. As Lancaster concluded his remarks, he suggested an amendment in Attachment B, Page B -4, Item #3, to delete "out" in the word without.. The sentence should read as follows: Develop the project without Comprehensive Plan amendment via a concommitant agreement process limiting development to 32 units. Michael Ainnersbach. representing Sterling Realty Organization Company (SRO -Lewis Clark), P.O. Box 95429, Seattle, WA. 98145 -2429, commented in favor of the Building Height Exception Area Boundary. He referenced his Comprehensive Plan Amendment Applications (L960087 L96 -008) and provided informational handouts. Gary Greer. Secure Capital, Property Owner (did not state his address), said he just wants to be able to build a different building type, i.e. attached and/or detached. He said he currently has about a 4.5 piece of acreage; however, under the current zoning, which include detached housing, it would make the development of his property economically a problem. Regular Meeting Minutes April 7, 1997 Page 5 Comp Plan/Zoning Code Amendments (Cont' d) Dwight McLean. 13015 38th Avenue South, Tukwila, WA., said he would support Council's approval, with conditions, i.e. since there would be such an increase in cars in the neighborhood, the developers should be responsible for assuming the costs for street widening, for curbs, gutters, sidewalks and underground utilities. The Following individuals opposed the Comprehensive Plan /Zoning Code amendments. Some of the reasons for their opposition were: concerns about increased traffic; downstream flooding; destruction of wooded areas; and blockage of vertical views and light that would be suffered by residents: Diane Andrews. Owner of one unit at the Laurel Estates Condominium, 3810 South 158th, #A -4, Ph. 433 -8417. Patricia A. Payton (President, Homeowners Association), Laurel Estates, 3810 South 158th, Ph. 243 -3508 Dennis Robertson. 16038 48th Avenue South. Kathy Solter. Property Manager for Ed and Vicky Rauscher, Owners of Sunnydale Apartments, 9 -Link Bellevue Drive, Ste. 113th, Bellevue, WA. Diane Rogel, Laural Estates, 3810 South 158th Street. Jonathan Tweet. 1312 40th Avenue South. Donna Miller. 13038 38th Avenue South. David Morgan, 5190 South 166th. Shirley Robinson, 13422 40th Avenue South. Gerald Wade. 13200 37th Avenue South. Melissa Hart, 13215 40th Avenue South. Charles Bergsa, 13409 40th Avenue South. Curtis Morley, 38th Avenue South (did not give a street address). Linda Lewis, 38th Avenue South (did not give a street address). Jeffrey Stedman. 3211 South 116th Street. Bill Stern. 40th Avenue South (did not give a street address). Francis Flieder. 3819 South 117th. In summary, Rebecca Fox, Associate Planner, stated that if a requested amendment is not significant, it is consistent with the intent and policies of the adopted Comprehensive Plan. Adoption of the amendment would support the 7 Regular Meeting Minutes April 7, 1997 Page 6 Comp Plan /Zoning Code Amendments (Cont' d) Recess 8:50 9:10 p.m. NEW BUSINESS Consultant contract for design of 1997 Neighborhood Drainage Project Comprehensive Plan's goals and further enable the Plan to be implemented. For example, an amendment which was not significant would maintain consistency within the Plan; provide greater clarity to accurately describe the future development intended under the Plan; and/or implement a strategy previously included in the Plan. By contrast, a requested amendment which is significant, is not consistent with the existing Comp Plan and its policies. Because a significant amendment would be clearly inconsistent or at odds with Comprehensive Plan's tenets, it cannot be adopted at the yearly review. Instead, a significant amendment must be either rejected outright or deferred for consideration at a later date. It was the consensus of the Council to forward the Comprehensive Plan /Zoning Code amendments issue to a future Committee of The Whole meeting. The Council also agreed that notification should be mailed to those who made comments on this issue tonight. Mayor Rants called the meeting back to order at 9:10 p.m. Councilmember Steve Mullet explained that on March 4, 1997, the Utilities Committee agreed with the consultant selection and projects to be included in the contract for the 1997 Annual Neighborhood Drainage Program. The next scheduled Utilities Committee meeting is not until April 22 (due to the APWA Convention). That is why the consultant contract is being submitted tonight for approval with KPG, Inc. for $44,765. This will provide for design of the top seven prioritized projects. Public Works Director Ross Earnst explained that the 1997 Neighborhood Drainage Program currently has 16 projects on the list that could be done. However, the budget will only allow up to seven projects. The 1997 Program budgeted for $310,000, which includes $60,000 for professional design /construction services. Public Works staff prepared a priority list for these projects and conducted a review of the current consultant roster to select a consultant to carry out this work. Regular Meeting Minutes April 7, 1997 Page 7 Consultant contract for design of 1997 Neighborhood Drainage Project (Cont'd) Motion accepting pass through status to receive federal CDBG funding REPORTS MOVED BY MULLET, SECONDED BY EKBERG, TO APPROVE THE CONSULTANT CONTRACT WITH KPG, INC. IN THE AMOUNT OF $44,765 FOR DESIGN OF THE 1997 NEIGHBORHOOD DRAINAGE PROJECT. MOTIONS CARRIED (6 -0). Human Services Coordinator Evelyn Boykan explained that there are caps on the amount of funds available for public services and planning and administration. The Council must review the current strategies and continue to approve, modify or change them. The Council must also formally elect to serve as a pass through city. Additionally, a rough idea of commitment to the King County Housing Program must be made. Councilmember Ekberg, Community Affairs and Parks Committee Chair, reported that the committee of three (Councilmembers Ekberg, Carter, Mullet) discussed this issue and it is the committee's recommendation to reserve funds for planning and administration, public services and house repair at a level consistent with 1996 allocations. Council also recommended that the City continues to serve as a pass through city for 1998 CDBG funds. MOVED BY HERNANDEZ, SECONDED BY LINDER, TO ACCEPT THE RECOMMENDATION OF THE COMMUNITY AFFAIRS AND PKS. CMTE. TO RESERVE FUNDS FOR PLNG. AND ADMIN., PUBLIC SERVICES AND HOUSE REPAIR AT A LEVEL CONSISTENT WITH 1996 ALLOCATIONS; AND, THAT THE CITY CONTINUES TO SERVE AS A PASS THROUGH CITY FOR 1998 CDBG FUNDS.* Councilmember Carter suggested that the language in the Public Service Imnrovements section of the document be amended to delete the words 50 of the families and replace with 59% of the students *MOTION CARRIED (6 -0 Duffie absent). Mayor Rants reported that the Sister Cities Committee has finalized its itinerary for the Ikawa trip. Currently 19 adults (including 6 students) have signed up. The cost of the trip (0 1 Regular Meeting Minutes April 7, 1997 Page 8 Reports (Cont'd) is $1400 per person and the deadline for paying is tomorrow, April 8th. Rants said the 51st Avenue Bridge is complete and will probably open next week. It was the consensus of the Council to forego a ribbon cutting ceremony. Rants reported that he was accompanied by Councilmembers Hernandez and Mullet at a meeting with King County Executive and representatives from the City of SeaTac to sign an Interlocal Agreement on the South County Housing Forum. He said their work plan is to research and provide information, technical assistance about housing renovation, rehab and maintenance programs. Councilmember Hernandez reported that she had received a very nice letter from the King County Executive thanking Tukwila for developing this partnership. She distributed a copy of the letter to each Councilmember. Hernandez said she recently visited the Habitat for Humanity House that was built in the City of Des Moines by volunteers. They utilize the application process to select a family. The family then only pays $390 monthly and become owners after 20 years with this no- interest, free loan. They're not suppose to sell the home, but if they do, all proceeds go back to Habitat for Humanity. Hernandez handed out brochures she had picked up while there. Hernandez attended the Equity and Diversity Commission meeting on Thursday, April 3rd. She said they are planning a retreat tentatively for June 7th. She encouraged Councilmembers to attend this particular meeting when the date is firmed up because it will be a brainstorming session, a time for input from various segments of the community. Hernandez said the Commission requested, via letter, support in paying for the refreshments that will be served at the community dialogues (approx. 4; involving about 100 people each meeting). The Council agreed to fund the refreshments. Council President Haggerton suggested Lucy Lauterbach monitor the budget for this account. Regular Meeting Minutes April 7, 1997 Page 9 Reports (font' d) Hernandez reported that she had also attended Rainier Symphony on Saturday, April 5th. The attendance was great. Council President Haggerton reported that on March 26th he attended the Senior Adult Banquet held at the Tukwila Community Center. He said he enjoyed being able to sit around the table with the seniors as they took the opportunity to express some of their thanks and appreciation to him for all that the City does for them. Haggerton attended ACC meeting on April 2nd. Some of the issues discussed will be addressed in an Executive Session later. Haggerton attended the Economic Development Advisory Board on Wednesday, April 2nd. More active membership is being pursued in specific areas. Bill Arthur, Chairman, is heading the campaign in this effort. Councilmember Ekberg reported he had visited the City of SeaTac's personal rapid transit system display. He brought back informational brochures for Council information. Ekberg announced he will not be in attendance at the April 14th Council meeting nor the April 15th Subcommittee meeting. Councilmember Mullet announced there will be no Utilities Committee meeting tomorrow, April 8th due to the APWA Conference. This state -wide spring convention is being sponsored by The City of Tukwila. Public Works Director Ross Earnst gave a brief synopsis of the schedule of events, then provided copies to Councilmembers. Councilmember Pam Carter reported she had attended a workshop last Monday, March 31st, on pedestrian issues on Hwy. 99, presented by WSDOT. She heard differing views and various ideas on ways to pursue this problem. Carter reported that the community dialogue meetings mentioned by Councilmember Hernandez will introduce "asset building" as a topic for discussion. This topic will address the needs of young people. If a community is '7/ Regular Meeting Minutes April 7, 1997 Page 10 Reports (font' d) healthy for young people; it's probably healthy for the rest of the community. A survey will be released of the results of a study done in Seattle and Bellevue focusing on asset building. The results will be announced April 9th. Four different discussions will be held throughout the community within the next six weeks. Each session will be lead by a youth worker. Councilmember Linder thanked the Council for supporting her in attending the National League of Cities Conference held in Washington, D.C. recently. During her stay, she accompanied the Mayor of Burien as they visited a number of state representatives. She said this was a good learning experience, and that she was very proud to represent Tukwila. Informational brochures were made available for those interested. Linder also attended an all day leadership training seminar on Saturday, April 5th, on Facilitating Skills for Encouraging Citizens Involvement. However, she said the seminar never did address citizens involvement, but she received a certificate of attendance anyway. She brought back a number of brochures and made them available to those interested. City Attorney Noe reported there were cross summary judgments on the Baker Commodities case last Friday, April 4th. The Judge denied both summary judgments: the summary judgment brought by Baker, and the City's summary judgment motion on the issue of damages. The WCIA attorney is not sure how this impacts the litigation because the City is only looking at the damage claim, and it's not known whether a trial is something that should evolve out of that. The City Attorney's office will talk with Bill Shaw, WCIA Attorney, and report back in an Executive Session. Secondly, Noe said he attended the Interim Water Group Legal Review meeting this morning, April 7th, where they are putting together a Cascade Water Alliance, which is a regional group that would result in Seattle relinquishing control of their water and arbitrary water rates and fees. The group has drafted a contract and once the review process of the contract is done, a representative from the Interim Water Group will present the document to Council for their consideration. Regular Meeting Minutes April 7, 1997 Page 11 MISCELLANEOUS ADJOURNMENT 10:00 P.M. Mayor Rants announced that he has been elected to the Economic Development Council. He also met with representatives of the Boeing Company this week regarding the City's resolution on nighttime flights. They want to make a presentation to the Council in the near future. City Administrator McFarland announced that Suncrest Apartments now has two managers. City Attorney Noe announced that a court date of May 9 has been scheduled to hear Deja Vu's declaration for relief on the adult entertainment issue. Noe said he will confirm the date by next Council meeting. MOVED BY MULLET, SECONDED BY HERNANDEZ, TO ADJOURN THE MEETING. MOTION CARRIED. W. Rants, Mayor Celia Square, De tit)/ City Clerk