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HomeMy WebLinkAbout1991-04-24 Committee of the Whole MinutesApril 24, 1991 7:00 p.m. CALL TO ORDER COUNCILMEMBERS OFFICIALS PUBLIC HEARING TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES MIKE KENYON, JOHN COLGROVE, City Attorneys; RICK BEELER, GARY SCHULZ, DCD. Tukwila City Hall Council Chambers Council President Robertson called the Committee of The Whole Meeting of the Tukwila City Council to order. DENNIS ROBERTSON, Council President; JOE DUFFIE, JOAN HERNANDEZ, CLARENCE MORIWAKI, ALLAN EKBERG, STEVE LAWRENCE, JOHN "Wally" RANTS. Council President opened the public hearing at 7:05 p.m. and commented that the City has known for some time that something needs to be done with regards to preserving and protecting the environment, while minimizing the cost to both the individual property owners and to the citizens. however, cities are now mandated by law to come up with a plan. The draft Sensitive Areas Ordinance will be a growing, living changing document as the needs dictate. The Council President concluded his comments as he informed the audience that the document is far from perfect, it is merely the Council's best effort. Jack Pace, Senior Planner, Department of Community Development, presented a brief overview of the draft SAO by reviewing a map (based upon the King County Assessor's map) depicting all of the sensitive areas. Pace encouraged the audience to feel free to visit the Department of Community Development office, located in the 6300 Building, should they wish to study the map further. Pace continued as he informed the audience that the SAO undertaking has been a lengthy process to establish special standards for the use and development of lands based on the existence of natural conditions thereon in order to protect environmentally sensitive areas, including the natural character of Tukwila's wooded hillsides. Mr. Pace added that the City's goal is to minimize developmental impacts on the natural functions of the lands; protect quantity and quality of water resources; minimize pollution of wetlands; prevent erosion and loss of slope and soil stability; protect the public against avoidable losses; and to prevent unlawful disturbance of archaeologic or geologic sites. Pace stated that the SAO process may be complex and difficult to most, if not all, those concerned; but emphasized assistance is available by calling Gary Schulz in the DCD office. Many citizens expressed concerns for and against the SAO. Favoring the SAO one citizen stated: "Our environment is too valuable, too precious for us to ruin because we lack the courage to act to protect it." Others thanked the City for providing the opportunity for citizen participation and were concerned about certain sections of the SAO such as Standards for the Alteration and Relocation of Watercourses; Uses and Standards; Reasonable Use Exception; and minimum Size of Regulated Wetlands to mention a few. A property manager stated in her comments that each chapter of the SAO has different administrative processes and, more importantly, different appeal procedures. There appears to be a conflict cause by the commingling of these documents. This conflict obstructs the ability to consistently implement the ordinance. The Council was Committee of The Whole Minutes April 24, 1991 Page 2 PUBLIC HEARING Won't) PUBLIC HEARING CLOSED 8:45 p.m. urged to have the City Attorney carefully review and analyze this document. It was also suggested that the City implement a program to monitor the ordinance over the next three years and identify those aspects which should be considered for modification. A representative from the Northwest Legal Foundation stated that the City does not own the land next to all streams and lakes. Much of this land is privately owned. When the use is converted by the City to be a water retention facility or an open space for animals, the property owner should be paid the fair market value of his or her land. A representative from Mario Segale and the Segale Family expressed opposition to the provision for arbitrary compulsory buffer widths in the current SAO Draft as such arbitrary buffer widths are not based upon scientific data and are not reasonably related to the City's goal of protecting wetlands and watercourses and providing buffers for the stated purposes. Quoting a wetland specialist, the representative stated: "In the City of Tukwila, to require a 100 foot buffer right now is ludicrous because most of the wetlands have not seen 100 foot buffers for a nigh on a decade and you don't want to look silly." The Southwest King County Chamber of Commerce comments were as follows: To properly protect wetlands, streams, and watercourses, realistic regulations which provide a balance between the needs of the environment and the rights of property owners in Tukwila, must be developed and implemented. The following are just a few of the Chamber recommendations: Establish buffers on a case by case basis as recommended earlier and has been recommended by the City's consultant, the citizens committee, the Planning Commission and numerous business citizens and residents; Inventory and define low, medium and high quality wetlands on a case by case basis, and use a scientific method to establish criterion for buffering; Use the Department of Ecology model of 2,500 square feet as an established standard. In summary, most of the spokespersons agreed that the City might want to conserve animal habitat and water retention areas for the public, but believe the City has a moral and legal responsibility to pay for the land they use. MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT THE PUBLIC HEARING ON THE DRAFT SENSITIVE AREAS ORDINANCE (SAO) BE CLOSED. MOTION CARRIED. The Council agreed to the following SAO schedule: Friday. May draft SAO with citizen comments considered. Monday. Mav Special C.O.W following Regular Council Meeting. Thursday. May 9, 7 -9:30 p.m., Special C.O.W. (SAO only). Thursday. May 16, 7 -9:30 p.m., Special C.O.W. (SAO only). Committee of The Whole Minutes April 24, 1991 Page 3 ADJOURNMENT MOVED BY DUFFIE, SECONDED BY RANTS, THAT THE 9:20 p.m. COMMITTEE OF THE WHOLE MEETING BE ADJOURNED. MOTION CARRIED. 7 I. \a /y' 0 i' Dennis Robertson, Council President Celia Square, Deputy City Clerk 1