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HomeMy WebLinkAbout1990-12-03 Regular MinutesDecember 3, 1990 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS Request to Amend Agenda CITIZEN COMMENTS: Request to Amend Consent Agenda CONSENT AGENDA PUBLIC HEARINGS Request for Rezone for Property at 5900 Southcenter Blvd. from PO to C -1 by Lindardic Design TUKWILA CITY COUNCIL Regular Meeting MINUTES Tukwila City Hall Council Chambers Mayor VanDusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE DUFFIE; DENNIS ROBERTSON; JOAN HERNANDEZ, Council President; CLARENCE MORIWAKI; ALLAN EKBERG; STEVE LAWRENCE, JOHN RANTS. MIKE KENYON, City Attorney; JOHN McFARLAND, City ALAN DOERSCHEL, Finance Director; ROSS EARNST, Public Works Director; RON WALDNER, Chief of Police; DON WILLIAMS, Parks and Recreation Director; DARREN WILSON, Assistant Planner. Councilmembers Robertson and Moriwaki requested a discussion and on the WSDOT dump site on Highway 99 and 118th be added to the agenda under New Business. Catherine Harris, 5610 So. 141st Street, asked to address items 6c and 6d (Consent Agenda). Councilmember Duffie requested Items 6c and 6d be removed from the Consent Agenda and discussed under Old Business. a. Approval of Minutes: November 5 and November 19. b. Approval of Vouchers General Fund 132,706.38 City Street 23,269.63 Arterial Street 49,749.98 Land Acq., Building, Dev. 22,046.07 Water Fund 309.89 Sewer Fund 69,504.22 Water /Sewer Construction 2,470.57 Foster Golf Course 6,553.29 Surface Water (412) 1,169.98 Equipment Rental 15,065.05 Firemen's Pension 3,598.10 TOTAL $326,443.16 c. Moved to Old Business for discussion. d. Moved to Old Business for discussion. e. An ordinance levying the general taxes for the City of Tukwila for the fiscal year commencing January 1, 1991. f. Acceptance of recreational /river bank/dike trail easement; authorize Mayor to sign easement agreement. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE CONSENT AGENDA BE APPROVED AS SUBM1 I ED. MOTION CARRIED. The hearing was opened at 7:30 p.m. Darren Wilson, Associate Planner, explained that the applicant, Linardic Design, is requesting approval to rezone property located at 5900 Southcenter Blvd., from PO (Professional Office) to C -1 (Neighborhood Retail). The Planning Commission has recommended approval to grant the rezone based upon the staff reports /findings and conclusions.. In 1984 the property was rezoned from RMH (High Density Residential) to PO (Professional Office). The comprehensive plan has designated the area C -1 (Neighborhood Retail). Council approved a waiver from the SAO earlier in the year to process the rezone only. In July of 1990 the Board of Architectural Review approved the request for an office /retail building at this location. Minutes Regular Meeting December 3, 1990 Page 2 Public Hearing (con'tl Hearing Postponed Request for Waiver to Ord. 1544 and 1550 (Moratorium) from Seattle Water Dept. Public hearing closed 7:45 p.m. As the proponent had not yet arrived at the meeting, Mayor VanDusen postponed the hearing on this issued until later in the agenda. City Engineer Ron Cameron reported the applicant, Seattle Water Department, is requesting a waiver in order to maintain /repair the existing Cedar River water pipeline located west of 53rd Ave. So., east of Southcenter Parkway, and perpendicular to an extension of So. 158th Street or Tukwila Parkway, generally located under the Tukwila I -5/I -405 interchange. The repair is to line the inside of the 16 inch pipe with a new pipe, going from a 60 inch to a 54 inch line. Three pits will be trenched in order to re -line the pipe. Walter Anton, Chief Engineer Seattle Water Department, explained that because of the construction effort, the department needs to relocate the point at which Tukwila takes their service. There will be no change in service, only a change in the location of the tap. Mr. Anton explained that a consultant discovered an error in the design of the 60 inch pipe line that comes across the valley and serves Tukwila and the southern part of the Seattle water system. Extensive cracking and deformation of the pipe line was found and must be repaired in order to re- establish the structural strength under the interstate highway. This pipe line must be in service during the late spring and summer months; however, it can be shut down during low use period in the winter. Construction would take place in developmentally sensitive areas at Southcenter Parkway opposite the movie theater and an access pit would be constructed near Gilliam Creek. The last access pit would be located at the end of So. 160th Street where it deadends. Shored structures, designed by registered civil engineers, will be used to hold back surrounding soils. Access pits will be filled when the pipe insertion and grouting is completed. Ground conditions will be restored using appropriate surface erosion control. Construction can be accomplished within two months (January and February). Councilmember Robertson voiced his concern for work at pits two and three as the hillside is unstable. Mr. Anton responded that he is aware of the problem and reiterated that steel shoring will be used to help stabilize the slope during construction. When construction is completed, the holes will be filled with compacted soil which will leave the hillside strong, if not stronger, than it was originally. Robertson inquired about the City's liability if Council grants the waiver and the construction causes the hillside to cave in. Attorney Mike Kenyon responded that if Council knows, or ought to know, that permitting this project could lead to soil problem or cave in, the City could have some liability. He suggested obtaining an indemnity agreement if Council approves the waiver. Mr. Anton concluded that it is the intent of the City of Seattle to take the responsibility for the work of the contractor. They have signed a letter from their risk manager to the City of Tukwila certifying their liability. A construction inspector will be on site any time the contractor is there. MOVED BY ROBERTSON, SECONDED BY DUFFLE, THAT THE WAIVER BY GRANTED.* Councilmember Robertson asked Attorney Kenyon if the standard waiver contract makes sense in this situation as the applicant is performing basic maintenance rather than developing the property. Attorney Kenyon responded that the current moratorium waiver ordinances provide for exceptions for maintenance of existing utilities. He suggested adding a stronger indemnity clause to the contract. Minutes Regular Meetingts December 3, 1990 Page 3 Public Hearing (con'tl Mayor's Proposed 1991 Budget NEW BUSINESS Ordinance Adopting a New Cabaret Ordinance and Repealing Ordinances 1170 and 470. (6c) An Ordinance Declaring an Emergency for River Bank Erosion Repairs (6d) MOVED BY LAWRENCE, SECONDED BY ROBERTSON, TO AMEND THE MOTION BY INCLUDING THE ADDITION OF A STRONGER INDEMNITY CLAUSE TO THE STANDARD WAIVER CONTRACT. MOTION CARRIED. *MOTION CARRIED AS AMENDED. The waiver is granted with conditions. At 7:55 p.m. the public hearing was opened for public comment. Catherine Harris, resident, read from a prepared statement in which she noted her objections to all that has been done to date regarding the Human Services Policy and Plan. She objected also to the allocation of $20,000 to the Green River Flood Control Zone District from the Storm and Surface Water Utility and the allocation of $243,000 to Green River Dike Improvements from the same utility. It is Mrs. Harris' opinion that these projects are not functions of the Storm and Surface Water Utility. Councilmembers commented on issues raised by Mrs. Harris. The hearing was closed at 8:27 p.m. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon read an Ordinance of the City of Tukwila, Washington, repealing Ordinance Nos. 1170 and No. 470 codified as TMC 5.08 and adopting a new cabaret ordinance to be codified as TMC 5.08. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1586 BE ADOPTED AS READ.* Catherine Harris, resident, commented that in her opinion the title of the ordinance is unclear. She pointed out areas of the ordinance she felt were incorrect or questionable. Chief of Police Ron Waldner noted that this type of ordinance is a preventative ordinance needed to keep the criminal element out of our community. Councilmember Robertson commented that Council had requested a clear identification of "entertainer" in order to keep from infringing on an individual's civil rights. Councilmember Rants commented that Council has left options under Section 5.08.080 (a), Appeals and Hearings, that the City Board of Adjustment or other hearing body established by the Council may hear appeals. *MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon read an Ordinance of the City of Tukwila, Washington, declaring an emergency for river bank erosion repairs and authorizing emergency expenditures. MOVED BY ROBERTSON, SECONDED BY RANTS, THAT ORDINANCE NO. 1587 BE ADOPTED AS READ.* Mayor VanDusen stated he had had concerns regarding the correct use of funds for this project. Broadly taken, the enabling ordinance does include the Green River. As a policy matter we need to decide if we want to continue mixing our surface water funds which are now going to be also Green River Control District funds. River and the flood control issues have always been identified separately. Until last Minutes Regular Meeting December 3, 1990 Page 4 New Business (con't) Recess 9:05 -9:15 p.m. PUBLIC HEARING (CON'T) Request for Rezone for Property Located at 5900 Southcenter Blvd. by Linardic Design Citizen Comment Hearing Closed 9:55 p.m. year, the surface water problems were in the Street Fund until the taxing authority was created, and it was separated into a utility. Public Works Director Ross Earnst stated there was no known cause for the erosion around the tree. The bank softened up and the river water going by took it out. It could be that the increased runoff from the storm weakened the road above and the filtration underneath, or the acceleration of the river itself, or a combination of both that caused the problem. Councilmember Moriwaki commented that if it's a cause from surface water, it's directly related to surface water management. If it's a cause from the river itself, it may be best addressed by the Green River Fund. Since no one knows for sure, either fund is justified. Councilmember Ekberg added that currently we are paying a King County Flood Control tax, a Green River Flood Control Zone District tax was just authorized, and we also have a surface water tax -all taxes for water. In his opinion there are two outstanding taxes, one King County -wide, one Green River -wide, specifically set aside for river purposes, i.e., dikes, river runs, repairs. He feels those funds should be used for repairs of existing facilities, riverbanks, improvements to riverbanks, etc. Since there is a surface water tax being charged by the City, we should use it on non designated river areas and dikes, etc., because there are two other taxing authorities that provide for the Green River. Councilmember Lawrence added that the other funding sources are underfunded; what we would use on this one dike would use up the funding for the whole Green River. *MOTION CARRIED Mayor VanDusen called the meeting back to order. All Councilmembers were in attendance as listed above. Attorney Kenyon explained the procedures for the quasi-judicial rezone hearing. The hearing was opened at 9:20 p.m. Assistant Planner Darren Wilson reviewed his earlier explanation of the applicant's request. Ed Linardic, 1319 Dexter Ave. No., Suite 260, Seattle, stated that by his request he is trying to achieve a project that would be financially feasible and of benefit to the City by providing a mixture of uses. Councilmember Duffie noted his concern for the volume of traffic at the location of the project. Mr. Linardic stated there was not much difference in the amount of traffic generated between a professional office and a retail establishment. Councilmember Ekberg inquired about a revised traffic signal at the intersection. Public Works Director Ross Earnst replied that a revised signal would most likely be investigated. Councilmember Robertson noted that a specific building proposal has not been offered at this time. The applicant is unsure of the type of business he will operate in the building. Robertson also expressed concern for the current traffic congestion in the area. Mr. Linardic feels the additional traffic between the C -1 and PO zones is minimal under the circumstances. Catherine Harris, resident, spoke in favor of the rezone because of the possible benefit to the neighborhood residents. Councilmember Rants remarked that the allowable parking spaces for the establishment is determined by code. A developer can lease only so many spaces until those spaces are gone. The access to the property is terrible and hard to get into even though the visibility is good. MOVED BY EKBERG, SECONDED BY RANTS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY.* Minutes Regular Meeting December 3, 1990 Page 5 Public Hearing (cunt') NEW BUSINESS Review of Prelim. Budget WSDOT Dump Site REPORTS EXECUTIVE SESSION 11 p.m. 11:15 p.m. ROLL CALL: DUFFIE NO ROBERTSON NO HERNANDEZ NO MORIWAKI NO EKBERG YES LAWRENCE NO RANTS YES *MOTION FAILS. Councilmembers Hernandez and Robertson indicated they would like to discuss the issue. Attorney Kenyon explained that in order to discuss the issue, they would first have to reconsider the motion. MOVED BY ROBERTSON SECONDED BY EKBERG, TO RECONSIDER THE MOTION.* Councilmember Robertson stated he made the motion to reconsider because he would like the opportunity to explain his reasons for voting against the request. *MOTION CARRIED. DUFFIE VOTING NO MOVED BY EKBERG, SECONDED BY RANTS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED WITH DUFFIE VOTING NO. )l Attorney Kenyon read an Ordinance of the City Council of the City of Tukwila, Washington, rezoning certain real property located at 5900 Southcenter Boulevard from P.O. to C -1, and providing for an effective date. MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT THE ORDINANCE BE DENIED AS READ.* Councilmember Robertson noted that his vote was based upon two issues: 1) an insufficient traffic study and, 2) the addition of retail businesses at that location would add to traffic problems already existing at this location. Councilmembers Lawrence and Hernandez concurred. Hernandez added that she did not feel the there was a justifiable need to rezone the property. Councilmember Ekberg commented a retail business at this location could be beneficial to the local community The location could be enhanced by having a combination of Professional Office and Neighborhood Retail at the site. Councilmember Rants commented he felt the recommendation of the Planning Commission and staff to approve the rezone should be considered. Councilmember Duffle again expressed his concern for the excessive traffic in the area. *MOTION CARRIED 5 -2 WITH EKBERG AND RANTS VOTING NO. Council Sub Committee members reported on their progress in reviewing the 1991 proposed budget. Councilmember Robertson reported that WSDOT is continuing to operate a solid waste site in the City. He offered several proposals for handling the issue. Mayor VanDusen asked the City Attorney to research the issue and report his findings at the next Committee of the Whole. Council President Hernandez reported she received a letter thanking the City for its contribution to Teen Job Line. MOVED BY HERNANDEZ, SECONDED BY DUFFLE, TO ADJOURN TO EXECUTIVE SESSION FOR 15 MINUTES TO DISCUSS A POSSIBLE LAND PURCHASE. MOTION Minutes Regular Meeting December 3, 1990 Page 6 CARRIED. Executive Session (con't) Mayor VanDusen called the meeting back to order with Councilmembers in attendance as listed above. ADJOURNMENT MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT 11:15 p.m. THE MEETING BE ADJOURNED. MOTION CARRIED. Gary L. Van Dusen, Mayor Jai* E. Cantu, City Clerk J