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HomeMy WebLinkAbout1998-10-05 Regular MinutesCITIZEN COMMENT: CONSENT AGENDA: BID AWARD: TUKWILA CITY COUNCIL October 5, 1998 7:00 p.m. Council Chambers City Hall REGULAR MEETING MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE: Mayor Wally Rants called the Regular meeting to order at 7:00 p.m., in Council Chambers, City Hall, and led the Pledge of Allegiance. ROLL CALL: Deputy City Clerk Bob Baker called the roll. Present were Councilmembers Joe Duffie, Joan Hernandez, Steve Mullet, Pam Carter, Jim Haggerton, Dave Fenton and Council President Pamela Linder. OFFICIALS: City Administrator John McFarland, City Attorney Bob Noe, Council Analyst Lucy Lauterbach, Deputy City Clerk Bob Baker, Department of Community Development Director Steve Lancaster, Associate Planner Vernon Umetsu and Assistant Planner Michael Jenkins. Richard Simpson 13832 37th Ave. So.. spoke in favor of limiting the number of days residents are allowed to conduct garage /yard sales. He believes an ordinance should be drafted stating same. Mr. Simpson is of the opinion people are turning garage sales into mini businesses. a. Annroval of Minutes September 21. 1998 b. Approval of Vouchers c. Accent as complete the Macadam Bridge Renlacement Proiect with Gary Merlino Construction: and authorizing lien releases and release of retainage. (Final cost to City. including retainace: S902.369.58 Councilmember Duffie moved; Hernandez seconded, approval of the consent agenda, as presented. The motion carried 7 -0. AWARD A CONTRACT TO AIR SYSTEMS ENGINEERING. INC., IN THE AMOUNT OF $121. 861.14. FOR THE CITY HALL HVAC IMPROVEMENTS PHASE I. Councilmember Mullet moved; Carter seconded, to award a contract to Air Systems Engineering, Inc., in the amount of $121, 861.14, for the City Hall HVAC Improvements Phase I project. The motion carried 7 -0. City of Tukwila City Council Regular Meeting Minutes PUBLIC HEARINGS: a. (Quasi Judicial) Unclassified Use Permit High line Water District (7:03 p.m.) Mayor Rants opened the public hearing. Page 2 of 11 October 5, 1998 Installation of an underground 7.6 million gallon reservoir at Crestview Park City Attorney Bob Noe began by noting this is a Type -5 decision. This type of decision requires an open record public hearing before the City Council. Following the public hearing, the City Council shall render a written decision, including findings of fact and conclusions, and the Department of Community Development shall promptly issue a Notice of Decision pursuant to TMC 18.104.170. Attorney Noe then administered an oath to those who would testify. Included were Department of Community Development Director, Steve Lancaster; Associate Planner Michael Jenkins; Michael 011ivant and Keith Harris. Mr. Jenkins began by summarizing the packet materials presented to Council. One typographical error was corrected. The actual size of the underground reservoir is 7.6 million gallons not 8.1 million gallons as printed in some materials. Mr. Jenkins noted Highline School District is seeking approval of the reservoir at Crestview Park. The two -phase project includes the demolition of the vacant Crestview School followed by the installation of the reservoir and restoration to that portion of the park disturbed by construction. Said reservoir will include a piping system to link to the Cedar River Pipeline Number 4, which runs west -east on So. 160th Street. The City of Tukwila currently leases a portion of this site, which is owned by the Highline School District. Following construction, the park will be restored, the former school site will be hydro- seeded and the original parking area will include ADA- approved parking stalls. This concluded Mr. Jenkins' presentation and Council had no questions at this time. Keith Harris, Manager of Planning Construction, Highline Water District, noted his presence was for the purpose of answering any questions of Council. (7:09 p.m.) Clerk's Note: Due to an oversight, recording equipment was not engaged until this time. Mr. Harris remarked this will be one reservoir able to be used in the event of a large earthquake, as it is fairly seismic proof. It is a total pump system. The other systems are above ground and fractures in the piping would cause them to drain. He asked if Council had questions. Councilmember Haggerton noted this is a quasi-judicial matter and Council has had to remain immune from the subject. He asked if any negative comments had been received at public City of Tukwila City Council Regular Meeting Minutes Page 3 of 11 October 5, 1998 hearings. Mr. Harris answered in the negative and stated any comments they did receive were mitigated by placing specific types of ground cover, etc., adjacent to the properties of the park. Councilmember Carter stated her assumption that the main problem people had with the first designs were the loss of trees. She asked if that was correct. Mr. Harris answered in the affirmative, on the west side. Ms. Carter then asked if they were able to handle that. Mr. Harris again answered affirmatively. Next, Ms. Carter asked how the property slopes. Mr. Harris stated all the slope occurs on the park property. The back yards of the residents are the lower part of the park property. Finally, she asked where the cedar fence is located. Mr. Harris noted the fence is north of Entrance Drive where the property owners abut up against the reservoir site. Councilmember Hernandez asked if noise impacts would occur to the residents in the area. Mr. Harris responded by noting no pumps will remain at the site post construction. The pumping will occur at Crestview Pump Station which is two or three blocks to the west of the site. There will be noise impacts during construction and employees will pay careful /close attention to the noise ordinance as construction progresses. Finally, Ms. Hernandez asked the anticipated time of construction. Mr. Harris stated demolition may take three months and construction may take nine to twelve months. Councilmember Duffie asked how well this issue was publicized. Mr. Harris said mailings went out twice to adjacent property owners. One public hearing was held at Highline Water District and one at Foster High School. Mr. Duffie then questioned the number of residents who turned out for the public hearings. Mr. Jenkins noted Highline Water District was the SEPA official for this project. Approximately 6 8 people) went to the scoping meeting in January. When the unclassified use permit was applied for, 200 notices were mailed out to surrounding properties. Approximately 15 people showed for that public meeting. Councilmember Duffie next asked if the items were well posted? He wants to eliminate the possibility that people may say they know nothing about what was going on. Mr. Jenkins again answered yes. The applicant posted required notice boards at the entrances to the park on 42nd and 164th, mailings were done and public notices appeared in the Seattle Times and Highline Times. Council President Linder asked if a public information plan had been prepared. Mr. Jenkins stated a public information plan was essential. One has been prepared but not yet available to staff. The consultants have prepared it and must now review the details. Other questions about construction, SEPA determination, the possibility of contamination in the soil, fourth -order redundancy, etc. were asked by Council and answered by staff. Mike 011ivant, employee with Parametrix, Inc., and worker with the consulting firm that has designed the reservoir to be used, spoke next. As it relates to underground storage tanks, there are certain DOE /EPA requirements which must be adhered to when removing a fuel tank. Entities must follow the law. The school district has jurisdiction. The owner of the property must be fully responsible from cradle to grave of the responsibility for removal of fuel tanks. Initial subsurface investigations performed early determined there was no contamination around City of Tukwila City Council Regular Meeting Minutes Mayor Rants then called for citizen comment on this project. CITIZEN COMMENT: Page 4 of 11 October 5, 1998 the fuel tanks. They won't truly know, though, until digging begins. Mr. 011ivant brought in aerial photographs of the site as it currently exists and a simulated aerial depicting the site post construction. Jim Onorati, 16042 42nd Ave. So., stated each time he attends meetings, he hears different reasons why the trees in the park, in the affected area, must be cut down. He and his neighbors favor the trees and do not want them removed. He also noted a six -foot fence would not be beneficial as the slope is downward toward their backyards. Strangers would see right over the fence. He is concerned with safety and protection of children. He also wants to know who would be responsible for maintaining the fence and who would be called in the event of an emergency. He would like the obstruction fence placed higher up on the hillside to obstruct the view into their back yards. Mr. Harris stated the fence would be owned by the Highline Water District. It was also stated that moving the fence presents a problem with losing demarcation. There is a 4 -foot chain line fence at the property line at this time. The fence could be moved, but it would not look good and would defeat the purposes. Councilmember Duffie asked if the fence would be raised above 6 feet. The answer was no, it will not be raised; however, sticker bushes will be placed against the fence line to discourage climbing. Councilmember Carter asked how long it would take for the landscaping to provide a good, visual barrier. Keith Harris stated it would take approximately three to five years. Items planted will be mature and will give a good screening initially. Todd Byquist, 16211 45th Ave So., lives on the east side of the park, adjacent to the baseball field. There were many lessons learned from building the baseball field which he'd like to see brought forward. He is pleased with the public awareness of this project. One area where improvement is necessary; however, is final design review, including the slope sections to the houses in the neighborhood. (7:40 p.m.) Mayor Rants closed the public hearing. COUNCIL DISCUSSION: Mayor Rants spoke in favor of approving the application, with conditions. Councilmember Carter moved; Council President Linder seconded, approval of the permit, with two conditions: City of Tukwila City Council Regular Meeting Minutes 1. A public outreach plan must be submitted and approved by the Department of Community Development prior to the issuance of a Demolition Permit for removal of Crestview School. This plan shall include information on how the neighborhood will be notified about the construction schedule and related construction activities, potential road closures and solutions that the address limits to park access. 2. Because the applicant does not own the property affected by this proposal, the applicant must negotiate with and receive written approval and agreement from the property owner, Highline School District, and the leasehold interest owner, City of Tukwila, regarding their respective property rights, obligations and responsibilities. It is expected that these negotiations will be completed prior to the issuance of a Development Permit. The motion carried 7 -0. Councilmember Haggerton noted, for the record, that Mr. Onorati wrote to the Council; however, due to the fact it is a quasi-judicial proceeding, Council was not legally allowed to respond. He wanted Mr. Onorati to know he was not intentionally being ignored. b. Manufacturing Industrial Plan (7:44 p.m.) Mayor Rants opened the public hearing. Associate Planner Vernon Umetsu made a very brief presentation to Council. The Tukwila Manufacturing Industrial Center is about 1300 acres, in the north end of our City, flanking the East Marginal Way corridor. This plan builds upon three previous City decisions and consists of the following three sections: 1. A review of MIC conditions and the plan development process. Page 5 of 11 October 5, 1998 2. A review of adopted Comprehensive Plan goals and policies which are significant in guiding area development. 3. Recommended amendments which have resulted from this planning project. Implementing actions include streamlined permit review, and supporting revisions to the capital improvement plan and development standards. The Planning Commission has reviewed this item as well as the Environmental Impact Statement [EIS] and has recommended adoption of the plan. The Department of Community and Economic Development, of the State of Washington, also in favor of the plan. Mr. Umetsu provided correspondence stating same and commending the work of City staff on this project. Clarification was sought on such issues as single family land use, maps, process review and CIP revisions. City of Tukwila City Council Regular Meeting Minutes CITIZEN COMMENT: No comments were received. Page 6 of 11 October 5, 1998 Mayor Rants then read into the record a letter from the Boeing Company. Said letter, signed by Elizabeth Warman, Local Government Relations Manager, provided "formal support for the work and concept of the Tukwila Manufacturing Industrial Center planned action ordinance. Plan actions provide an opportunity for development that meets the criteria of the planned action to move forward in a [sic] expeditious manner." (7:54 p.m.) Mayor Rants closed the public hearing. Councilmember Carter moved; Council President Linder seconded, approval of the Tukwila Manufacturing Industrial Center Strategic Implementation Plan. Discussion: Councilmember Carter moved; Mullet seconded, to amend page 25, proposed facility column, 3rd row, regarding Burlington Northern access, deletion of the words "and improving the existing route to resolve safety and capacity issues." The clause would be amended to end, "...a new north access road." Discussion: Mayor Rants commented the present route is not satisfactory for trucking. 124th is on a residential street. The City does plan on moving that as soon as possible to a better route which would accord our residents a little peace from the number of trucks which travel there on a daily basis. Mr. Umetsu added a point of information. The Public Works Department is working with Burlington Northern on an alternate bridge access to the site on the south access. *The motion to amend verbiage on page 25 carried 7 -0. *The main motion to adopt the MIC Plan carried 7 -0. OLD BUSINESS: a. An ordinance Prohibiting the Feeding of Wildlife at Parks within the City APPROVED ORDINANCE NO. 1850 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE, CHAPTER 12.08, PARK RULES AND ANIMALS IN ANY PARK WITHIN THE CITY; REPEALING ORDINANCE NO'S. 814, 1438, 1458 City of Tukwila City Council Regular Meeting Minutes AND 1799; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Councilmember Haggerton moved; Duffie seconded; approval to read the proposed ordinance by title only. The motion carried 7 -0. City Attorney Bob Noe read the proposed ordinance by title only. Councilmember Duffie moved; Fenton seconded; approval of the proposed ordinance as read. Discussion. Councilmember Mullet moved; Duffie seconded; approval to amend by inserting the word "wild" in front of the word animal within the title and body of the ordinance, as it relates to feeding. The motion carried 7 -0. The main motion to approve the proposed ordinance as presented carried 7 -0. Discussion. b. An ordinance Fixinc the Amount of Compensation for City Councilmembers. APPROVED ORDINANCE NO. 1851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE AMOUNT OF COMPENSATION FOR CITY COUNCILMEMBERS, AMENDING SECTION 1 OF ORDINANCE 1707 AND SECTION 2.04.230 OF THE TUKWILA MUNICIPAL CODE; REPEALING ORDINANCES 1354, 1431, AND 1637; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Councilmember Haggerton moved; Fenton seconded; approval to read the proposed ordinance by title only. The motion carried 6 -1; with Councilmember Duffie abstaining. City Attorney Noe read the ordinance by title only. Councilmember Haggerton moved; Mullet seconded; approval of the proposed ordinance as presented. This item was discussed at the Council of Whole meeting and therefore, Council agreed to make the following changes to the ordinance by consensus, without a formal motion: 1. Amend date in item A -2 from January 1, 1999, to January 1, 2000 2. Amend heading to correctly read "Section 2.04.230" 3. Amend word "salary" everywhere in the document, to the word "stipend" Page 7 of 11 October 5, 1998 City of Tukwila City Council Regular Meeting Minutes Mayor Rants spoke in support of the ordinance. He stated the Council today is not what it was 10 years ago. There are many more meetings and much more work today. He said the list of endeavors currently being undertaken is incredible and complex. Finally, he stated Council puts in far more hours and energy than the stipend allows. The main motion to adopt the proposed ordinance carried 6 -1; with Councilmember Duffle abstaining. REPORTS: Page 8 of 11 October 5, 1998 Mayor Rants reported on negotiations with Seattle City Light, hereinafter referred to as SCL. The Cities of Shoreline and Tukwila are coming to some agreement on the utility tax that SCL charges our residents. They are concerned with legislation regarding deregulating utilities. They want to protect their investments and will seek some sort of commitment before they give something up. Shoreline does not have a franchise agreement, Tukwila does. It says SCL cannot charge any of our residents more than they charge their own Seattle customers. We, as a City, must see a draft document to know where we stand with SCL. We cannot make any decisions before that time. He stated AWC has now become a player in this arena. Mayor Rants then reported on a draft document from the Puget Sound Regional Council entitled Creating Transit Station Communities. This is part of what is being considered for the 1/2 mile radius around the transit station for the densities, land use, infrastructure and how to make those communities function with light rail. The document will be a topic for discussion at an October 8, PSRC meeting, where he'll serve as an alternate. PSRC does believe Tukwila should have light rail down Interurban to match up to the urban center. That was part of the original 2020 plan. The mayor spoke of a conversation he had with Federal Way Councilmember Mary Gates last week. Ms. Gates said a lawsuit delaying Sound Transit for five or six years plays right into the hands of some of the folks on the board who would like to see it run from the University District out to Northgate. The mayor next spoke on the Green River Basin Program. Tukwila, Renton, Kent and Auburn are in a taxing authority district. It has a 5.12 cent millage on all homes within the basin. They raise $500K to $600K per year. Because of that, former City Councils have voted not to join the King County Conservation District, another taxing authority. The money that comes out of this taxing authority goes back into this taxing authority. The City of Federal Way recently challenged King County in a lawsuit due to the fact they were included in the new King County Conservation District. They did not want to be in the District and King County directed them to remain in. Thus, the lawsuit. The City of Federal Way was victorious in their lawsuit against King County and are not required to remain in the District. The Green River Basin Program repairs and maintains our P17 pump station, the Black River pump station, minor repair of river banks, and coordinates response to flood disasters. Panel members of the basin include Chuck Booth, Nancy Hansen, Mayor Rants, Ron Sims, Jesse City of Tukwila City Council Regular Meeting Minutes COUNCIL: Page 9 of 11 October 5, 1998 Tanner, Chris Vance and James White. These comprise the executive board who are responsible for the budget and project approval. Councilmember Duffle noted he was present at the recent street closures. The neighbors in that area are generally appreciative of the efforts. The neighbors in Allentown, however, aren't as respective of the closure as the traffic will impact them. He represented a citizen stating same. He explained the closures were not permanent and that the Council was listening to the residents. Other solutions may arise in the future. Councilmember Hernandez reported her attendance at the Urbanization of the Northwest Symposium Collaboration and Community Involvement School and Community Partnerships That Work, in Portland, Oregon. At that symposium she made a presentation on the City of Tukwila's Diversity and Equity Commission. She shared information on the commission as well as Tukwila Days. Joan was able to meet Ti Locke, who works for Channel 9, in Seattle. Tea works for the Learning Services Division. She is responsible for a computer giveaway project wherein she receives used computers and in turn, donates them to local schools. Another project she learned about is the First Books Program wherein free books are obtained in many languages and given to children at schools free of charge. An Equity and Diversity Commission meeting took place on October 1. Ms. Hernandez thanked Lucy Lauterbach for attending and taking minutes. She then spoke of a forthcoming application for appointment to the commission from Mary DeFriese to take the place of Karen Shaw. She is in support of the appointment. On Friday, October 1, she attended a REACH meeting. It marked Chris Zawisza's last meeting, therefor the Program Manager position is being recruited. The group is solvent and needs a program manager to help decide how the funds shall be used. Council President Pam Linder informed the Council the City of SeaTac will not participate with Tukwila on the lodging tax issue. There is a lodging tax meeting tomorrow at 3:00 p.m. wherein their non participation will most likely be a major topic of discussion. She will attend a Human Services Roundtable Legislative Committee meeting on October 7, with Lucy Lauterbach. They will discuss prioritization of projects to be considered. Councilmember Mullet attended a Part 150 meeting October 1. He believes a sound monitor will be placed in Tukwila for the next sound testing in November. The Utilities Committee will meet tomorrow with a major emphasis on water alliance. Councilmember Carter noted her October 3 attendance at a local chapter of the American Association of University Women, wherein she and Council President Linder were able to offer their perspective on being female, elected officials. City of Tukwila City Council Regular Meeting Minutes Page 10 of 11 October 5, 1998 A meeting will take place October 7 regarding the RTA. She does not know the topic of the meeting as conflicting information exists between the advertisement everyone received and the website of the RTA. Councilmember Haggerton reported a two -hour Finance and Safety Committee meeting this evening. He spoke of the salary study and the Council budget goals. Briefing on the bond process was given by Alan Doerschel. He attended the AWC Legislative Committee meeting on October 2. The meeting was well organized and he enjoyed discussing legislative matters that AWC are proposing. They also reviewed items proposed by different municipalities not included. They'll meet in November to fine tune and rate each proposal to determine which items should be pursued by AWC. Finally, he reported Chief Haines attended tonight's Finance meeting. The Committee asked him about sending some of our prisoners to the Okanogan jail versus the King County Jail. Chief Haines reported the City has done that for approximately two months. The City has already saved approximately $20K in two months. Other jurisdictions are doing the same thing and have been for some time. Councilmember Fenton noted a Site Council meeting is scheduled for October 7. He will attend a Hotspots Task Force meeting next week with Rhonda Berry. STAFF: City Administrator John McFarland noted we are being visited by Mayor Christopher Touty, from the Riversdale Municipality in South Africa. He is here on an exchange program with Highline Community College learning about local government and the State of Washington. He then reported the Hazelnut deadline for articles is October 8. He asked for ideas or other issues to be submitted by that time. Finally, he reported the Internet has been updated to include the Block Watch newsletter. He said the City continues to improve the offerings on our web page. City Attorney Bob Noe reported a written litigation update is forthcoming. MISCELLANEOUS: Councilmember Hernandez noted the Seattle /King County Coalition for the Homeless, the Church Council of Greater Seattle, and Antioch University are holding a conference on Homelessness Causes and Solutions, on October 10, at Antioch University. She then reported graffiti on utility boxes in the area of 144th and 142nd. One is on the corner of 52nd and the other is on the corner of 58th. (8:45 p.m.) Councilmember Hernandez moved; Mullet seconded, to recess into executive session after a five minute recess. The motion carried 7 -0. City of Tukwila City Council Regular Meeting Minutes EXECUTIVE SESSION: No action took place. ADJOURNMENT: (9:27 p.m.) Councilmember Fenton moved; Carter seconded, adjourning executive session, reconvening and recessing the regular meeting. The motion carried 7 -0. WL1 avt W. Rants, Mayor t }a 117) bidti_ Bob Baker, Deputy City Clerk Date Minutes Approved: /2Z/98 Page 11 of 11 October 5, 1998