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HomeMy WebLinkAbout1991-03-04 Regular MinutesTUKWILA CITY COUNCIL C March 4, 1991 Tukwila City Hall 7:00 p.m. Council Chambers Regular Meeting CALL TO ORDER ROLL CALL OFFICIALS Amend Agenda APPOINTMENTS AND PROCLAMATIONS OF THE MAYOR MINUTES Mayor VanDusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE DUFFIE; JOAN HERNANDEZ,; CLARENCE MORIWAKI; ALLAN EKBERG; STEVE LAWRENCE, JOHN RANTS. MOVED BY HERNANDEZ, SECONDED BY LAWRENCE, TO EXCUSE COUNCIL PRESIDENT ROBERTSON. MOTION CARRIED. MIKE KENYON, City Attorney; RHONDA BERRY, Assistant to the City Administrator; ALAN DOERSCHEL, Finance Director; ROSS EARNST, Public Works Director; DON WILLIAMS, Parks and Recreation Director. MOVED BY MORIWAKI, SECONDED BY DUFFIE, TO ADDRESS ITEM 5a, APPOINTMENTS AND PROCLAMATIONS OF THE MAYOR, AT THIS TIME. MOTION CARRIED Mayor VanDusen asked Council's concurrence with his appointments to the Library Advisory Board. MOVED BY MORIWAKI, SECONDED BY LAWRENCE, TO APPOINT MARIE GARDNER TO POSITION #1 ON THE LIBRARY ADVISORY BOARD. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFIE, TO APPOINT ALEXANDER HENNESY TO POSITION #2 ON THE LIBRARY ADVISORY BOARD. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFLE, TO APPOINT RICHARD SIMPSON TO POSITION #4 ON THE LIBRARY ADVISORY BOARD. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFIE, TO REAPPOINT TRISH CAMOZZI EKBERG TO POSITION #3 ON THE LIBRARY ADVISORY BOARD. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFIE, TO REAPPOINT CASEY ANDERSON TO POSITION #5 ON THE LIBRARY ADVISORY BOARD. MOTION CARRIED. Candidates Gardner, Hennesy, Simpson, and Camozzi- Ekberg spoke briefly on their reasons for seeking a position on the Library Board. Casey Anderson was not in attendance. Mayor VanDusen commented that in 1991 the Library Board will be dealing with many significant issues, particularly that of Tukwila's future library services. Finance Director Alan Doerschel has outlined the library issue for presentation to the Community Affairs and Parks Committee next week. The Council was asked to confirm Mayor VanDusen's appointments to the Parks Commission and Arts Commission. MOVED BY MORIWAKI, SECONDED BY DUFFIE, TO REAPPOINT KATHY ROBERTS TO POSITION #1 ON THE ARTS COMMISSION. MOTION CARRIED. Ms. Roberts remarked that her service to the Arts Commission has been very rewarding, and she has enjoyed the opportunity to make a tangible contribution to the City. Minutes Regular Meeting March 4, 1991 Page 2 Appointments and Proclamations of the Mayor (con't) SPECIAL PRESENTATIONS Student Involvement in City Government Wash. State Dept. of Transportation (WSDOT) MOVED BY MORIWAKI, SECONDED BY DUFFIE, TO REAPPOINT HUBERT CRAWLEY TO THE PARKS COMMISSION. MOTION CARRIED. Mr. Crawley was not in attendance. Mayor thanked all appointees for volunteering their time to serve on the boards. Brenda Znak, Senior Vice President and Student Council Boardmember at Foster High School, presented a proposal to develop a high school student board to interact with the City Council. She suggested soliciting applications from high school students in the community for involvement in the program. MOVED BY MORIWAKI, SECONDED BY EKBERG, TO ADD THIS ITEM TO THE AGENDA. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY LAWRENCE THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Mike Kenyon read a Resolution of the City Council of the City of Tukwila, Washington, creating a teen council and setting its membership and duties. Councilmember Moriwaki stated he agreed with the proposal and felt it was an opportunity to hear the ideas of the young people of the community. Councilmember Rants added that student board members would be working with the recreation program offerings, volunteer projects, Student Government Days, and joint City team programs. According to the resolution, the student board will consist of two sophomores, two juniors, two seniors, and the remainder would be at -large members representing Tyee High School and students in private schools. Membership applications would be submitted to the Mayor for his review and forwarded to Council for consideration. Applicants would be required to submit two letters of recommendation and have passing grades. Rants concluded by stating he supports the program and feels involving students in this program would give them a sense of responsibility in the City. Councilmember Hernandez commented she would be willing to help with the project. She extended an invitation to the students to attend Council sub committee meetings as well as formal council meetings. MOVED BY MORIWAKI, SECONDED BY HERNANDEZ, TO APPROVE RESOLUTION NO.1175 AS READ. MOTION CARRIED. Ron Anderson, District No. 1 administrator for WSDOT, addressed the issue of the dumpsite at the intersection of Highway 509 and Highway 99. Mr. Anderson stated that WSDOT will not apply for a solid waste permit as requested by the City because according to state law, they are not required to obtain a permit. However, the department will cooperate with the City "to the extent possible It is the state's position that the street sweepings being dumped on the site are not solid waste and that the King County Health Department guidelines do not apply. Mr. Anderson referenced a February letter to Mayor VanDusen which contained a draft copy of a working plan for installing monitoring wells to determine ground water quality and to take soils samples. If the ground water tests and soils sampling shows there is no problem, the Department of Ecology would have no further interest in the site. If a problem is found, it will be corrected. WSDOT intends to remove the existing "non natural" debris from the site this Spring and will make a concerted effort to keep the site clean. Minutes Regular Meeting March 4, 1991 Page 3 Special Presentation (con't) WSDOT CITIZEN COMMENTS CONSENT AGENDA ref Mr. Anderson noted that WSDOT is aware of illegal dumping on the site and asked the City's help in reporting the violations. Currently, there are two active contracts in effect which use the site for the disposal of street sweepings. All operations at the site will be terminated in December, 1991. Test monitoring wells on the site will be kept in operation until it is assured that the ground water is free of contaminants and no further tests are required. The City has authorized independent tests of the site; however, the results have yet to be received. Kathy DesJardin, 3826 So.116th Street, reported gunshots were fired into her home on February 18 from across the river in the 3800 block of So. 115th Street. Ms. DesJardin requested concrete barriers be installed to deter the late night activities along the riverside in her neighborhood. Ross Earnst, Public Works Director, commented that putting up no parking signs would keep people off the right of way; however, most people are parking on the private properties that abut the right of way. If a barrier were installed, there would have to be some type of access left to the private property along the river. The police are currently patrolling the area and recording their observations. To date, they have not seen much activity at night. Mr. Earnst recommends that neither barriers nor no parking signs be installed at this time. Mayor VanDusen requested that Public Works research the costs involved to install the signs and /or barriers and report back to Council. Councilmember Moriwaki suggested that the property owner on the north side be contacted regarding the possibility of restricted access. Anna Bernhardt, 14241- 59th Ave. So., requested Council readdress the issue of a part time /full time mayor at a Committee of the Whole meeting in the near future. Pam Carter, South Central School District Advisory Council President, asked for a volunteer to serve as a team member in Parent Leadership Training. The commitment would be for two years and involve training days in August and May and January. Applications are due March 22nd. a. Approval of Minutes: February 19, 1991 b. Approval of Vouchers General Fund 81,642.84$ City Street 22,191.76 Arterial Street 2,182.46 Land Acq., Building, Dev. 31,837.32 Water Fund 39,631.86 Sewer Fund 3,443.65 Water /Sewer Construction 0.00 Foster Golf Course 10,738.41 Surface Water (412) 1,782.16 Equipment Rental 7,534.84 Firemen's Pension 2,616.80 TOTAL 203,602.10 g. c. Accept as complete Community Center re -roof project; authorize release of retainage. d. Authorization of $37,224 for supplemental Surface Water Management study. e. Accept as complete contract with Signal Electric, Inc. for construction of South 180th and Sperry Drive/Intersection and parking improvements; authorize release of retainage. f. Authorization to enter into contract negotiations with Entranco engineers for Construction Management services. Resolution providing for medical benefits to dependents of employees called to active duty. Minutes Regular Meeting March 4, 1991 Page 4 Consent Agenda (con't) PUBLIC HEARINGS Request for Vacation of Street Hellstrom/Dillon Properties Petitioner's Comments MOVED BY DUFFIE, SECONDED BY EKBERG, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED. Councilmember Lawrence inquired how many homes on Mr. Dillon's property were currently being served on 115th. Mr. Dillon responded that there are two single family residences and a triplex, all of which are occupied. Other existing structures include a vacated building on 114th Street and an abandoned structure off of 126th. Councilmember Duffie asked about Mr. Dillon's plans for the property. Mr. Dillon explained that he has a potential buyer who plans to develop the property for his manufacturing company. John Cooper, potential property buyer, explained that he is a sheet metal fabricator whose firm makes elevator parts and parts for the Boeing Company. His plans include the construction of a 30,000 square foot building for his approximately 25 employees. Truck traffic would be limited to approximately two trips per day -one into the plant, one out. (pick up trucks). Mayor VanDusen opened the hearing at 8:05 p.m. Ross Earnst reported the petitioner has requested the City vacate a portion of 42nd Ave. So. from approximately 115th Street north and to vacate a piece of So. 115th and So. 114th from 42nd west. City Light has requested an easement in the right of way. To -date there have been no other objections to the request from the utilities and departments notified. At the conclusion of the hearing, staff recommends the request be returned to the Transportation Committee for final recommendation to the Council. The property is currently zoned CM. It had been zoned residential when the area was still part of King County. A citizen's committee in the Fire District #1 area worked on the pre annexation zoning; however, Mr. Earnst stated he was unsure of what the committee's final recommendation was. Pat Dillon, petitioner, stated that during the annexation period his request for a zoning change was approved first by the Planning Commission and ultimately by the City Council. Prior to that time the property had been zoned residential. Mr. Dillon explained that he is proposing a land exchange for the street vacation property. The Transportation Committee has approved his proposal. As an exhibit, Mr. Dillon distributed copies of his letter requesting the vacation and a color coded map indicating the site of the vacation and the property to be "exchanged Dillon explained that the property shown in yellow is the property he is proposing to exchange for the streets (shown in pink). Of the streets, half of 42nd Avenue will go to the property owners on the west side of the street. An appraisal was submitted. Size -wise they are almost identical. The property to be exchanged was appraised at $68,000. The streets were appraised at $100,000. According to state regulations, the City can only charge half of the value of the land ($50,000). Included in the trade, the petitioner would be paying for the sides of the street going to the property owners on the west side. The additional $18,000 difference would be donated with the trade property to the City. The exchange property is mostly greenbelt and trees which acts as a noise buffer from Burlington Northern and the freeway. Mr. Dillon stressed that the proposal be an even trade between the street vacations and the hillside property. Councilmember Ekberg asked what access was currently available for the property owners on the west side of 42nd. Mr. Dillon explained that access was provided from above. He added that the property owners on that side of 42nd owned the property down the hill. He stated that except for Block 24, Lot 20, which is owned by King County, each property owner had signed the petition requesting the vacation. Current routes onto Dillon's property are on 115th and 42nd. Minutes Regular Meeting March 4, 1991 Page 5 Public Hearing (con't) Opponent's Comments Maxine Gregory, 12058 42nd Ave. So., echoed her neighbors' comments. Hours of operation would be limited to daytime hours only, from 7 a.m. to 3:30 p.m. Councilmember Hernandez inquired whether any lots would be rendered landlocked if the street vacation were granted. Mr. Dillon responded that all property is accessible from the top. Councilmember Lawrence asked how much noise would be generated from Mr. Cooper's business. Mr. Cooper responded that they use a rotating press that hits light gauge metal. Employees working on the machinery would be required to use hearing protection, but those outside of the area would not. The preliminary building plans show that the structure will be almost up against the Burlington Northern tracks. The front portion of the property will be primarily landscaping and parking. Councilmember Ekberg commented that on CM zoning there is no allowable noise outside of the building; also, CM zoning next to a residential neighborhood would come under design review aspects, which entails a public hearing process for that design. Mr. Dillon responded that he has visited his buyer's current place of business and is unable to hear any noise outside of the building. Daniel Aragon, President of the Duwamish Improvement Club, appeared as a spokesperson for citizens living in the Allentown area and Foster Point. He read a prepared statement from a petition containing approximately 231 signatures. Signatories oppose the proposed development in their community. (Signed petitions are on file in the City Clerk's office.) Mayor VanDusen introduced letters from Bonnie Corey, 11801- 40th Ave. So. and Connie Hoffman, 3924 So. 114th Street, in which they voice their concerns regarding the possibility of industry being developed in their residential neighborhood. (Entire text of both letters are on file with the City Clerk.) Betty Baker, 11642 42nd Ave. So., read a prepared letter from the residents of the Duwamish Community in which the residents state their concerns regarding encroachment of industry upon their residential community, increased traffic congestion, and noise impacts. (Entire letter is on file with the City Clerk.) Roger Baker, 11642 42nd Ave. So., added that he would like to see a residential community developed on the site. He reminded Council of the City's commitment to preserve the residential area of the City. Councilmember Ekberg asked if Mr. Baker would like to see the area developed into a single family neighborhood. Mr. Baker responded that he would; however, given the wetlands on the property he didn't know if it would be feasible. Kathy DesJardins read the letter submitted by Connie Hoffman. Mayor VanDusen reminded everyone that the request is for the vacation of a street and is not a zoning or building application issue. Gladys Bigelow, 12062 42nd Ave. So., commented she would like the City's help in upgrading the neighborhood instead of degrading it. Beryl Ott, 11810 42nd Ave. So., stated she was concerned about the noise impacts that will come with industrial development in the area. Warren Wing, 11850 42nd Ave. So., past president of the Duwamish Improvement Club, stated the aim of members has always been to keep the area residential with little truck traffic on the streets. Minutes Regular Meeting March 4, 1991 Page 6 Public Hearing (con't) Rebuttal Proponent Rebuttal Opponent Hearing Closed Pat Dillon, explained that there are no foundations under the existing homes on the property. Each time the trains come by, the houses shake. Two houses and a four -plex have already been lost. He expects to lose the remaining three homes within a few years. Regarding the water on the property, most of it comes off of Burlington Northern who refuses to do anything about the runoff. The rental homes are not generating much income. Their foundations are either pillar or post. Regarding the vacation, Mr. Dillon further explained that the proposal is to trade land to the City. This land will maintain a barrier around Poverty Hill. John Cooper, addressed the issue of noise in his present facility stating that they are not required by the state to have hearing protection on their press brakes. His business deals with light weight metal and the facility is fairly quiet. Dan Aragon spoke about the runoff on the property. In his opinion the water comes off 44th toward Mr. Dillon's property as well as from Burlington Northern. He has talked with tenants on Mr. Dillon's property who told him the homes need a lot of work; they have done much of the interior work themselves. The outside of the homes have not been kept up as the property owner has been trying to sell the land for some time. Mr. Aragon stated he had spoken to some of the residents who had signed the vacation petition who told him they were not aware of what was going to go on the property when they signed the document. One resident told him that in his opinion the petitioner would do whatever he wanted with the property no matter what he said. Mr. Aragon concluded by stating the residents are very concerned about the noise that would come from industry in the neighborhood. Kathy DesJardins stated she did not mind the petitioner selling his property to be developed residential; however, she does not agree with the industrial part. Mayor VanDusen again reminded everyone that the discussion was on the petition for a street vacation, not a development. He closed the hearing at 9:00 p.m. Mayor VanDusen stated Council would be making a voice vote. If they do approve the vacation, the next step is to bring forth an ordinance to the next regular meeting. Attorney Kenyon added that the 50 percent compensation would have to be received prior to the ordinance becoming effective. Councilmember Hernandez asked if there were any criteria Council would need to use to base their decision on. Mike Kenyon explained that Council's decision should be based upon the testimony heard and the letters that were read into the record. MOVED BY LAWRENCE, SECONDED BY DUFFLE, THAT THE REQUEST FOR VACATION BE DENIED.* In support of his motion, Councilmember Lawrence stated it was evident where the community spirit is in this issue. The area has strong pressure on it and it will take a very strong community to resist that pressure. He added that residents may not always have a City government that would support them, but right now they do. Councilmember Moriwaki stated that he believes that when the pre annexation zoning was done, he voted against the motion to zone it CM. It was R -1 when it was in the county before annexation. It was a recommendation of the Planning Commission to up -zone it. Moriwaki continued that he opposed it then and he still opposes it. He feels that Tukwila has accommodated development in the past. He would like to see neighborhoods preserved. Minutes Regular Meeting March 4, 1991 Page 7 Public Hearing (con't) RECESS 9:05 p.m. 9:16 p.m. Public Hearings Request for Waiver to Ord. 1550 (moratorium) Tukwila Parks Recreation for Crystal Springs Park Phase II OLD BUSINESS Land Altering Ordinance C( C Councilmember Hernandez stated it was difficult to stay focused on the issue of a street vacation as most of the testimony was in favor of preserving the residential community. The decision to designate the property CM was based on a recommendation that it was the best use of the property; however, it appears that the decision is against the community sentiment for that particular piece of property at this time. Therefore, she will support the motion. Councilmember Rants stated that he was not on the Council when the CM zoning was decided. He feels that the neighborhood should remain residential and he urged residents to continue striving for their cause. He stated he would vote in favor of the motion; however, he also found it difficult to vote against a street vacation in a CM zone. Councilmember Ekberg stated he found the petition of 231 signatures a strong voice of support against the vacation of the property. He feels that if the approach were to do the vacation and develop it residential, as it appears the citizens would support, Council very likely would approve it. Ekberg added that residents who live across from abandoned homes have told him they would like to see it developed even if it means commercial. He feels the vacation is valid if it meets the needs of the community. Since it does not meet the needs of the community in this instance, he will vote in favor of what the citizen's want. Councilmember Duffie commented that he is proud to see the community stick together. He encouraged the residents to continue working together. *MOTION CARRIED. THE REQUEST FOR STREET VACATION IS DENIED. Mayor VanDusen called the meeting back to order with all Councilmembers present as listed above. Gary Schultz, Urban Environmentalist, reported that the Parks and Recreation Department is requesting a waiver to process the required permits needed for construction of Crystal Springs Park Phase II. The site has steep slopes, natural springs, and associated wetland habitat. Don Williams, Director of Parks and Recreation, the impact will be limited to the eight acre site and include the development of trails, picnic shelter, the historical area around the tank, and additional parking and street related improvements. They are requesting the waiver at this time in order to proceed with construction during the warmer months. MOVED BY RANTS, SECONDED BY LAWRENCE TO GRANT THE WAIVER TO PROCEED AND ISSUE THE PERMITS SUBJECT TO THE APPLICANT SIGNING AN AGREEMENT TO CONFORM TO THE ADOPTED SAO. MOTION CARRIED. Councilmember Ekberg noted that on Page 2 the words "unprocessed or" was left out in the paragraph dealing with commercial stockpiling operations. The insertion should be made just prior to the word "processed" in the second sentence. This correction was previously] agreed upon in committee. MOVED BY EKBERG, 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, repealing that portion of Ordinance No. 1341, Section 4 (Part), specified in the Tukwila Municipal Code as Chapter 16.54 and that portion of Ordinance No. 1547 adopting Appendix 70 of the 1988 Minutes Regular Meeting Page 4, 1991 Page 8 Old Business (con't) Acceptance of Fire Station No. 54 Remodel and Addition REPORTS Uniform Building Code, establishing new regulations and requirements for conducting land altering activities within the City of Tukwila, and providing for an effective date. MOVED BY MORIWAKI, SECONDED BY RANTS, THAT ORDINANCE NO.1591 BE ADOPTED AS READ AND AMENDED.* Councilmember Hernandez inquired about the need for a 30 day effective date. Councilmember Moriwaki noted the City standard for effective dates is five days from the date of publication. MOVED BY MORIWAKI, SECONDED BY HERNANDEZ, TO AMEND THE EFFECTIVE DATE FROM 30 DAYS TO FIVE DAYS.** Attorney Kenyon stated that in his opinion either date is acceptable. Councilmember Duffie suggested leaving the effective date at 30 days in order to give more time to individuals who may want to review it. Public Works Director Ross Earnst remarked that the 30 day clause was included to protect those who were close to submitting their plans. It would allow them time to make whatever changes were necessary in order to comply with the ordinance. Councilmember Moriwaki added that the public has been aware of the pending passage of the ordinance for some time. He would like to see the ordinance become effective immediately. ROLL CALL VOTE: DUFFIE NO HERNANDEZ YES MORIWAKI YES EKBERG NO LAWRENCE YES RANTS NO TIE BREAKER VOTE: MAYOR NO **MOTION FAILS. MOVED BY HERNANDEZ, SECONDED BY LAWRENCE, TO AMEND THE EFFECTIVE DATE FROM 30 DAYS TO 15 DAYS.** *MOTION CARRIED WITH DUFFIE VOTING NO. *MOTION CARRIED AS AMENDED. &7/ MOVED BY MORIWAKI, SECONDED BY DUFFIE, TO ACCEPT AS COMPLETE THE CONTRACT WITH JOHN KORSMO CONSTRUCTION OF TACOMA FOR FIRE STATION 54 REMODEL AND ADDITION AND AUTHORIZE RELEASE OF RETAINAGE. MOTION CARRIED. Councilmember Joan Hernandez reported she would Council be absent from the March 11th C.O.W. as she will be attending the National League of Cities in Washington, D.C. Councilmember Duffie will also be attending. Councilmember Duffie attended the monthly Chamber of Commerce luncheon. He suggested that the City work more closely with the business community in the future. Councilmember Moriwaki reported that the Human Services Childcare and Referral program had won nationwide grant from Mervyn's department store for $374,000 to train over 600 childcare providers. There are only 12 sites nationwide that have won this award. Minutes Regular Meeting March 4, 1991 Page 9 Reports (con't) MISCELLANEOUS ADJOURNMENT 10:00 p.m. Councilmember Ekberg commented that the Utilities Committee had discussed Tukwila's water rates and the impact Seattle's rate increase of 32 percent will have on the City's water rates. A rate comparison chart is being prepared for the public. A public form most likely will be scheduled in the future. Don Williams informed Council they would be receiving a summary report of the facilities study by late Friday. The consultant, Tom Beckwith, will give a presentation on the study at the March 11th C.O.W. MOVED BY DUFFLE, SECONDED BY RANTS, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. em u �r© an Dusen, Mayor e E. Cantu, City Clerk A h-