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HomeMy WebLinkAbout1999-04-12 Committee of the Whole MinutesCALL TO ORDER: Council President Dave Fenton called the Committee of the Whole meeting to order and led the audience in the Pledge of Allegiance. COUNCILMEMBERS PRESENT: Council President Dave Fenton, Councilmembers Pam Carter, Joe Duffle, Jim Haggerton, Joan Hernandez, Steve Mullet, and Pamela Linder. OFFICIALS: John Rants, Mayor; John McFarland, City Administrator; Bob Noe, City Attorney; Jim Morrow, Public Works Director; Steve Lancaster, Community Development Director; Alan Doerschel, Finance Director; Phil Fraser, Senior Engineer; Frank Iriarte, Public Works; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Rebecca Fox, Associate Planner; and Lucy Lauterbach, Council Analyst. CITIZENS' COMMENTS' /CORRESPONDENCE: Council President Fenton reported receipt of letters from Dennis W. Wilson, attorney for Burlington Northern Santa Fe Railway (BNSF (April 1, 1999); Thomas Ison, BNSF (March 15, 1999); Charlie Frame, Baker Commodities (April 8, 1999); as well as Vivian Rodney Smith (April 7, 1999). All are in opposition to the proposed closure of So. 124th Street. No other citizen comment was received. PUBLIC HEARING: TUKWILA CITY COUNCIL April 12, 1999 7:00 p.m. Council Chambers City Hall COMMITTEE OF THE WHOLE MEETING MINUTES Potential Road Restriction (So. 124th Street). Public testimony accepted; (to be continued to April 19 for additional comments) Council President Fenton opened the pubic hearing at 7:04 p.m. Public Works Director Jim Morrow provided a brief overview on the proposed road restriction. He noted that over the last several years, numerous complaints have been received from residents who live along So. 124"' Street. Reports include approximately 800 to 1,000 trucks travel that route daily. In addition to claims for damages being filed due to truck traffic, several accidents, nuisance noise and excessive speed have also been reported. Staff is now ready to assist in resolving the issues and is requesting Council direction. Council President Fenton entered letters from Donna Anderson, Alice E. Davidson, and Union Tanks Works into the record as opposing the road closure of So. 124th Street. City of Tukwila City Council of Whole Meeting Minutes City Attorney Noe administered an oath to those who would testify at this hearing. Page 2 of 10 April 12, 1999 Tim Stanosheck, 12400. 51' Place So., an employee of the BNSF for 28 years, indicated the location was the BNSF's only hub center west of Spokane. He explained how important the hub is to the region. The facility has been in operation for over 30 years and has co- existed with the City and neighbors during the ensuing years. Truck traffic is not new and it has not changed significantly within the last 15 years. In 1984, 210,000 lifts were completed at the facility. In 1994, 190,000 were completed. In 1998, lifts dropped to 171,000. The drop within the last five years is attributed to streamlining the business and creating a better load -to -load ratio. BNSF has always listened to neighbors and the City concerning complaints directed against the operation. The company has always attempted to correct and address issues to the best of its ability. He cited past cooperation efforts between BNSF and the community and the study BNSF and the City have undertaken to address safety issues relative to the new community center. The study revealed two realistic entryways to the facility. Alternative egress and ingress include entering from the south end, which creates a need to build a bridge across the river. This entrance would have the least impact on BNSF's operation. The second option would allow access from the north end of the property off Boeing Field Road. This option would not accommodate necessary queuing of inbound trucks, forcing trucks onto Boeing Field Road. It would also eliminate 5,000 feet of curbside parking creating a 50% loss of the facility's parking capacity. It would also force trucks to drive along the west edge of the property with no noise buffer zone, which would be adjacent to back yards. It would create an unsafe traffic condition. Other issues in conjunction with this proposed option concern the proposed RTA and future fast transit plans. He cautioned the recommended detour by the City is not conducive to truck traffic due to the slope of the roadway. If the entrance is to be changed, the south entrance is the only viable option for BNSF. Until that occurs, truck traffic on So. 124th must remain. Finally, Mr. Stanosheck said Tukwila should work towards developing a reasonable long -term solution and should withdraw the short-term solution; or BNSF would pursue other avenues to protect its right of access. Nancy Rogers. 701 5th Avenue. Suite 7000. Seattle. an attorney representing Union Tanks Works referred to the letter from Mr. O'Connell expressing his opposition to the closure of 42n and 124"' Streets. Union Tanks Works has been in the community since 1957 and is located on 44 Place South. The facility fabricates large and long items and generates approximately 40 truck trips per week. The trucks use the present access and need to continue using the existing roads to access the facility. Ms. Rogers indicated although BNSF was included in the traffic study, Union Tanks Works has not been considered with respect to the impact of closing So. 124th Street. The affect of that closure would shut down all safe access to the property. The proposed access on S. 129 by BNSF is unacceptable and unsafe for truck traffic. There are turns that would make it very difficult for truck drivers and the slope of the road would make it extremely unsafe during inclement weather. Additionally, the proposal to close So. 124th thereby forcing traffic onto Martin Luther King Jr. or forcing traffic onto Airport Way under the proposed 129 street access by BNSF is contrary to the City's obligations under the Growth Management Act to engage in regional planning concerning regional impacts. City of Tukwila City Council of Whole Meeting Minutes Page 3 of 10 April 12, 1999 She noted the Council has insufficient information to make an informed decision and urged them to withdraw the proposal to close So. 124th Street. Charlie Frame, 5759 South 130"' Place. Tukwila, indicated the proposal is unsafe as currently proposed and recommended more studies and other alternatives. He referred to item number five in the letter submitted for the record and asked Councilmembers to consider it during their deliberations. Gerry Ailts, 230 Grant Road. East Wenatchee, President of Eagle Systems, stated he was previously the manager of BNSF from 1986 to 1993. During those years, he commuted to work over 129"' and was closely involved with the process of installing a stop sign at the bottom of the hill. During that time, he asked the City to limit and restrict truck traffic on 129 due to the slope of the road. Eagle Systems has a policy of not allowing company drivers on 129 because it is unsafe. It costs the company more money to reroute the traffic via a longer route. There will be delays and breakdowns on the hill and traffic impacts will occur on 124t if traffic is routed to 129t He ended his comments by indicating he has serious concerns with rerouting traffic to 129t Street. Laurie Hag edorn. 12067 44 Place South. Tukwila. works at Division Five, Inc. The company is a steel fabrication company employing approximately 10 people full time. She opposes the proposed restrictions since it would be detrimental to the business. Suppliers would also have difficulty delivering supplies, which would also affect business operations. She referred to safety and cautioned that although truckloads are tied down, traveling on 129t could cause the loads to shift creating safety hazards on the roadway. She opposes the proposed road closure. Dan Gatchet. 3433 S. Airport Way. spoke on behalf of West Coast Trucking. The company has concerns with the possible route and resulting safety issues. He said he understands the concerns with the neighborhood but stressed more work needs to be done on finding an acceptable solution for all parties. John Leckband. 4402 So. 124th Street. Tukwila. indicated his first complaint about truck traffic was in 1992. He referred to previous testimony that indicated truck traffic has decreased and indicated he has noticed a considerable increase in trucks using 124t Street. He sampled traffic for one hour today and counted 82 trucks; more than one per minute. This occurs seven days a week, 24 hours a day and on weekends. Trucks are the last thing one hears before retiring and the first thing heard in the morning.. Audrey Woodman, said she previously lived at 5021 South 12t Street. An out -of- control truck from BNSF destroyed her home. She indicated she had only seven years left on her mortgage and had lived in the house for eight years. Approximately 1,000 trucks traveled on the road each day.. She angrily recounted numerous truck accidents along So. 124t Street and indicated other residents complained to the City constantly, with no results. She referred to the study and denounced the fact her destroyed home was not included with other complaints. She said the City of Tukwila City Council of Whole Meeting Minutes trucks need to be removed from So. 124th Street and described her complaints to the City to install some barriers to prevent trucks from traveling on private property. Frank Zitnik. 12855 48 Avenue South. Tukwila, representing Yellow Freight Systems, said the company employs between 150 to 175 employees and approximately 40 of the daily truck trips into BNSF are by Yellow Freight Systems. He acknowledged the concerns with safety and said his company also focuses on safety goals. The current alternatives are not safe for the heavy trucks. He indicated some other options are being reviewed for access to the BNSF. He expressed his concern about the lack of public notification for the public hearing. He learned of the meeting through word -of- mouth. As a large employer who uses So. 124th to access BNSF, he said he would appreciate some written notification regarding public hearings. Three of the largest truck lines in the United States Yellow Freight, Roadway, and UPS use the access into BNSF. Restrictions imposed on So. 124th Street will affect local business, interstate commerce, and the Puget Sound area. He urged the Council to continue pursuing other safe alternatives before imposing restrictions on So. 124th Street. Calvin Haeev. 5610 Airnort Wav South. operates a scrap metal company and has been in business for 33 years. He reviewed the type of freight he handles and detailed the safety aspect with respect to traveling on roads with varying degrees of slopes and indicated he may have to reconsider servicing companies located within the Allentown area due to traffic safety concerns associated with the alternate route. Council President Fenton closed the public hearing announced the hearing would be continued to April 19, 199. Council President Fenton recessed the meeting for a short break from 7:42 p.m. to 7:55 p.m. SPECIAL ISSUES: a. Comprehensive Plan Amendments Page 4 of 10 April 12, 1999 Associate Planner Rebecca Fox reviewed the process the City Council will undertake in considering Comprehensive Plan amendments. She referred to the flow chart and outlined the review process by Council. Planner Fox reviewed the three proposed Comprehensive Plan amendments. They include two map changes and one procedural change: 1) L98 -0098 Ben Carroll Motel. The applicant proposes to change the NCC (Neighborhood Commercial Center) designation to RC (Regional Commercial) at 14110 Tukwila International Boulevard for the purposes of replacing an existing motel with a new hotel. The existing use is a legal non conforming use and cannot be substantially improved under the existing Comprehensive Plan and zoning designation. The NCC zone is meant to provide for pedestrian friendly areas characterized and scaled to serve multiple residential areas with diverse mixed uses. Hotels and motels are permitted uses in the RC zone. The RC zone is intended to provide for areas characterized by commercial City of Tukwila City Council of Whole Meeting Minutes Page 5 of 10 April 12, 1999 services, offices, lodging, entertainment, and retail activities with associated warehouses along a transportation corridor and intended for high- intensity regional uses. Tukwila's Comprehensive Plan calls for economic revitalization and crime reduction along the entire corridor of Tukwila International Boulevard. An RC designation is not consistent with the geographically- oriented policy in this location. In 1998, the Comprehensive Plan was amended to designate the lots immediately northeast of the Ben Carroll site as a commercially revitalization area. The property would be an RC site immediately surrounded with NCC uses. Albert Lin, attorney for the Ben Carroll Motel asked the Council to consider the proposal for the Comprehensive Plan zoning code amendment for the property to facilitate building a new and modern hotel. Mr. Lin said building a new hotel will accomplish the objective of revitalizing the area and maintain greater consistency with the Tukwila Comprehensive Plan. He reviewed numerous benefits the area would receive with respect to building a new facility and outlined how the proposal is consistent with Tukwila's vision for the area. Dwight McClaine, 13015 38 Avenue South, co -chair of the Highway 99 Action Committee, and has served on the Highway 99 Task Force. He is familiar with the development and progress that has occurred along the highway. He pointed out taverns are a permitted use in the NC zone while churches are not. He shared that during the revitalization process, representatives from the hotels did not attend the meetings or voice any concerns and recalled seeing only one hotel representative attend the meeting. The citizens' vision for the highway was for the neighborhood to support businesses that would cater to their specific needs, be pedestrian friendly and have adequate parking located away from the pedestrian friendly traffic areas. He suggested the entire area be re -zoned as RC since the area is served regionally and not by the neighborhood alone. Nick Wollzv, 14135 37 Avenue South, asked what the difference was between a hotel and a motel and what impact would occur with changing the zoning with respect to RTA's plan. Mr. McClain responded and indicated a hotel has inside hallway entrances while a motel has outside entrances to guestrooms. Director Lancaster indicated the City did not consider RTA's plans when analyzing the proposed Comprehensive Plan amendment. Mr. Lin indicated the property owner wants to move forward regardless of the effect the proposed rezone would have on RTA's plans. City of Tukwila City Council of Whole Meeting Minutes Page 6 of 10 April 12, 1999 Planner Fox distributed a copy of an email message received from Ted Diane Myers, 13919 42n Avenue South who spoke against the proposed zoning change for several reasons. He cited neighborhoods do not need anymore encroachment from the Highway and buffers do not work. He recounted an incident of a person exposing himself to his daughter from a room in the existing hotel and with the new light rail cutting the community in half, there is no guarantee a new hotel would survive. Councilmembers began deliberations on the proposed Comprehensive Plan amendment. Councilmembers discussed the time and effort involved in developing the Comprehensive Plan and indicated spot zoning was not desired. Councilmembers concurred with retaining the present zone and allowing time for the Comprehensive Plan to work. Mr. Lin responded and said throughout the process they have had problems trying to figure out the procedure. During the time of the Comprehensive Plan development, the property owner was not aware of the process and the perception is the property owner is being squeezed out. Mr. Lin stated the Council should consider Mr. Lin is a small business owner who has contributed to the City and wants to continue contributing. Council President Fenton made known Council would not issue a decision until the next regular Council meeting, April 19, 1999. 2) L98 -0013 City of Tukwila. The City of Tukwila requests revisions to the Comprehensive Plan policies which refer to the annual review of Comprehensive Plan amendments in order to insure the Comprehensive Plan policies are consistent with the recent changes in the Municipal Code Chapter 18.80. The proposed amendment would change the comp plan policies that deal with the yearly amendment process in order to reflect the changes made in Ordinance 1856 in November 1998. 3) L98 -0143 City of Tukwila. The City of Tukwila requests revisions in the Comprehensive Plan to accommodate new policies associated with preparing a mutual annexation management program. In the Comprehensive Plan, which was adopted in 1995, a mutual annexation program was proposed. In 1999, the policy will be developed and policy changes are likely to accommodate changing circumstances relating to annexation, endangered species, and revised shoreline amendments. b. Crestview Park Lease and Use Agreement Parks Recreation Director Don Williams' memo noted the agreement has been before the Community Affairs and Parks Committee and noted drawings and legal description are being drafted. Councilmember Mullet indicated the Community Affairs and Parks Committee has reviewed the proposed agreement and recommended approval, with some minor changes. Administrator McFarland reviewed the status and terms of the agreement with the Highline School District and the Highline Water District. Maintenance of area A would be the City's responsibility after restoration. City of Tukwila City Council of Whole Meeting Minutes co Briefing on the Endangered Species Act (ESA) Page7of 10 April 12, 1999 Councilmembers questioned the minor changes made to the agreement by the Committee and noted no documentation pertaining to those changes was included in the Council packet. After review and further discussion on the issue, Councilmembers concurred with deferred action on the agreement until the next regular Council meeting and directed staff to provide information pertaining to the proposed changes to the agreement and requested Director Williams provide the staff report. Senior Engineer Phil Fraser reviewed the March 16 listing of the Puget Sound Chinook salmon on the Endangered Species Act by the National Marine Fisheries Service NMFS). Pacific Chinook salmon was listed as a threatened species on March 16, 1999. Engineer Fraser indicated because of the listing, regulations would be issued that addresses what procedures and practices must be curtailed or limited in order to limit negative affects on fish. The 4 (d) Rule is a set of regulations issued by NMFS that describe those measures necessary for the protection of the listed species. The NMFS is looking for a workable recovery plan of the listed species. Various agencies have attempted to respond to the listing at the state and local levels. The Governor's office has developed a salmon recovery plan, and at the county level, three county (Pierce, King, and Snohomish) executives have been meeting with NMFS for the last nine months on a regular basis to determine what is necessary. Several Water Shed Resource Inventory Areas (WRIA) have been established within the state. The City of Tukwila is included in the WRIA 9, which has been meeting and has recently established a steering committee. City staffing will continue to be impacted once the 4(d) rule is enacted. It is anticipated the 4(d) rule will become effective in the fall of 1999 or even later. In the coming months, staff will be working with the WRIA 9 along with technical groups to develop WRIA 9 habitat plans and conduct negotiations with NMFS. Staff will also be reviewing City ordinances and initiate a review of the City's plans, policies, and programs, which may affect salmon. Staff anticipates a need for additional staff resources as work continues on salmon recovery efforts. Permitting and development procedures will need to be reviewed to insure requirements are being satisfied under the 4(d) Rule. Long term implementation of the habitat conservation plan will also be a long -term commitment for staff to carry out and monitor the plan providing adaptive management measures that are negotiated with NMFS to insure there is a full recovery of the endangered species. Mr. Fraser responded to Councilmember questions and indicated staff's review of plans, policies, and programs would be performed within the next six months and submitted to WRIA 9 and ultimately to NMSF to negotiate a final 4(d) ruling. Once the 4(d) Rule is enacted, course of actions would be dictated to each jurisdiction. Additionally, Mr. Fraser answered questions on recovery efforts the City will undertake, funding issues, and staff impacts as a result of the endangered listing. City of Tukwila City Council of Whole Meeting Minutes b. Review of Professional Services Contract #98 -052 Ragsdale, Koch, Altman (RICA) b. City Council Page 8 of 10 April 12, 1999 Director Doerschel reported due to City requirements, staff is recommending a long -term contract with Mike Ragsdale, the City's Economic Development consultant. Mayor Rants said the City has been served well by Mr. Ragsdale. Director Doerschel responded to questions and indicated the contract includes a larger element related to light rail, whereas the previous contract covered the Highway 99 redevelopment. Councilmember Haggerton noted the Finance and Safety Committee has not reviewed the agreement and recommended it be forwarded to the Committee before Council review and action. Director Doerschel responded and said the contract is a continuation of a contract originally reviewed by the Finance and Safety Committee. The Council concurred to move the item to the Finance and Safety Committee meeting scheduled for April 13, 1999. REPORTS a. Mayor Mayor Rants referred to King County Market Rate Housing and Affordability Study and highlighted several items within the report which covers 39 jurisdictions. Mayor Rants indicated a copy of the report would be distributed to all Councilmembers. Mayor Rants referred to a bill in the house and senate involving Metropolitan Park District for the City of Seattle. Phil Watkins, a Councilmember in Federal Way contacted the City and brought the bill to the attention of Mayor Rants. The bill authorizes Seattle to operate and assess taxes for its park system. The issue relative to Tukwila is the provision that includes an eminent domain clause that allows the purchase, acquirement, and condemnation of lands within or without the boundaries of the park district. Additionally, the provisions in the bill allow the park district to condemn such property to widen, alter, or extend streets, avenues, boulevards, etc. Mayor Rants has not studied the full ramifications of the Bill to Tukwila. Mayor Rants shared he has received 90 letter from the seventh grade classes at Showalter Middle School. He read one of the letters, which promotes a teen center in Tukwila. He called the principal at the school and requested a meeting with the students to review redevelopment plans for Highway 99. He is going to suggest establishing a committee of the seventh grade students to continue through ninth grade to be an informational liaison with the community. The meeting is scheduled for April 23. Councilmember Duffie reported on a recent dog attack incident on a small child while playing at Rainier High School, Two large Rotweilers attacked the child. He said he is concerned and the Council needs to look at the issue of large dogs and enact laws to safeguard the public from City of Tukwila City Council of Whole Meeting Minutes dog attacks. Councilmember Linder suggested having the animal control officer brief the Council on the effectiveness of Tukwila's ordinance. Councilmember Hernandez attended the Tourist Committee meeting of the Chamber. A draft of the marketing brochure was distributed. She also attended the Apartment Managers' Network meeting and listened to a presentation on DAWN. Council President Fenton attended the April 7 Site Council meeting. Gary Moett has been appointed as the new principal of Foster High School. Councilmember Mullet attended a Part 150 meeting at SeaTac before the Site Council meeting. The Committee is working on flight tracks. The consensus is to keep planes over water where noise is not bothering people. Some members prefer to have the planes cover a larger area over populated areas. Councilmember Carter attended the Utilities Committee meeting and indicated several representatives from Water District 125 talked about the Cascade Water Alliance and garbage handling. Referring to the King County Market Rate Housing and Affordability Study, Ms. Carter indicated the information was also on the Internet and includes colored maps to highlight housing affordability areas. c. Staff Administrator McFarland reported he received an invitation from Michelle Driano to tour Building A of the International Gateway project on April 21 at 5:15 p.m. d. City Attorney Page 9 of 10 April 12, 1999 Attorney Noe provided an update on recent litigation involving the Deja Vu appeal. They missed a deadline and were charged a $500 fine and sanctioned for filing late. The City plans to file its brief by next week. The City of Auburn has asked Tukwila to file a brief in support of their motion to the U.S. Supreme Court. Auburn is seeking the Court's review of a decision from the Ninth Circuit Court of Appeals regarding their case with the railroad. At the request of Council President Fenton, Attorney Noe will provide a written update on the Moonrise issue. Attorney Noe announced that in order to appear before the U.S. Supreme Court, an attorney is required to be admitted to the court. He is scheduled to be admitted on April 19, two days before the brief is due. City of Tukwila City Council of Whole Meeting Minutes (11:00 p.m.) Council President Fenton recessed the regular meeting to begin executive session, slated to last no longer than one hour. EXECUTIVE SESSION: No action was taken. ADJOURNMENT: Moved by Councilmember Mullet, seconded by Councilmember Duffie, to adjourn. The motion carried 7 -0. David Fenton, Council President 13) &LA Robert H. Baker, CMC, Deputy City Clerk for Valerie Gow, Recording Secretary Date minutes signed: 17 /99 Page 10 of 10 April 12, 1999