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HomeMy WebLinkAbout1990-04-16 Regular MinutesApril 16, 1990 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS Amend Agenda CITIZEN COMMENTS CONSENT AGENDA Resolution No. 1137 Granting a Drainage Ease- ment to the State of Wash. REPORTS Mayor VanDusen Ordinance on Recreating the Planning Commission TUKWILA CITY COUNCIL b. Regular Meeting MINUTES 0Y99 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 H. DUFFIE; DENNIS ROBERTSON, JOAN HERNANDEZ, Council President; CLARENCE MORIWAKI; STEVE LAWRENCE, JOHN RANTS. MOVED BY HERNANDEZ, SECONDED BY MORIWAKI, TO EXCUSE COUNCILMAN EKBERG FROM THE MEETING. MOTION CARRIED. JOHN COLGROVE, City Attorney; RICK BEELER, Director, Office of Community Development; RON CAMERON, City Engineer; ROSS EARNST, Public Works Director; JOHN McFARLAND, City Administrator; DON WILLIAMS, Director, Parks and Recreation. MOVED BY HERNANDEZ, SECONDED BY RANTS, THAT I FEM 9, REPORTS, BE MOVED TO FOLLOW THE CONSENT AGENDA. MOTION CARRIED. Roger Baker, 11662 42nd Ave. So., addressed the Council regarding his concerns that the Duwamish ballfield is still being used as a playfield contrary to what the residents were told. Mayor VanDusen responded that signs have been ordered and will be installed. Catherine Harris, 5610 So. 141st St., asked for assistance in enforcing the dog leash laws. a. Approval of Minutes: Regular Meeting 4/02/90 Approval of Vouchers General Fund $86,722.58 City Street 17,171.23 Arterial Street 16,496.34 Land Acq., Building, Dev. 83,275.38 Water Fund 8,029.72 Sewer Fund 71,573.73 Water /Sewer Construction 208,768.60 Foster Golf Course 5,953.39 Surface Water (412) 4,365.68 Equipment Rental 44,697.35 Firemen's Pension 3,519.51 TOTAL $550,573.51 c. A Resolution approving the grant of an easement to the State of Washington. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE CONSENT AGENDA BE APPROVED AS SUBMI'YI'ED. MOTION CARRIED. Mayor VanDusen turned the meeting over to Council President Hernandez and addressed the Council from the floor. He spoke regarding the ordinance that was recently passed by Council that changes the structure of the Planning Commission. The ordinance awaits his signature or veto. Mayor VanDusen stated that he chooses not to sign the ordinance; he will allow it to become law without his endorsement. In the Mayor's opinion, the Council's decision to modify the eligibility requirement for membership on the Planning Commission is unfortunate and untimely. Regular Meeting Minutes April 16, 1990 Page 2 Reports (con't1 Library Study Building Security Air Pollution Emergency Repairs to Gilliam Creek Amend Agenda Reports (con'tl Transportation Comm. Human Services Roundtable House Bill 4952 DSO 2 The elimination of representation of the business community due to non resident status overlooks the significant contributions our corporate citizenry have made to our community, as well as the personal sacrifices and professional commitment demonstrated by incumbents and past business representatives on the Commission. The Mayor noted he does not accuse the Council of doing this on purpose or with malice; however, Council's actions and subsequent appearance of purpose makes partnership with all elements of the community more difficult to be attained. Mayor VanDusen concluded by stating that Tukwila is a City with many strengths which include its citizenry's commitment to the community and the unique mix of commercial activity and the economic base it provides. The governmental body is effective and responsive and relies on the active interest and participation by both corporate and private citizens. Although a good balance between business and residents has been attained, a new and stronger partnership must be achieved in order to meet the competitive elements within the City today. John McFarland distributed an interim report from the Georgette group on the library study which contained comparison figures on the King County library system and 13 other library districts. Mr. McFarland reported that building security after hours and on weekends continues to be of concern. Consequently, all employees, elected and appointed, will be asked to enter the building by way of the Police Department. A new policy dealing with building security will be distributed for consideration next week. Councilman Duffle reported that he had contacted King County regarding the air pollution problems in Tukwila. He was told they are short staffed and unable to monitor all areas. Ron Cameron, City Engineer, reported that the basic issue at Gilliam Creek between 42nd Ave. So. and So. 154th St., is an erosion problem due to an increased flow in the stream bed. The proposal for the repair work is to use the remaining rocks from the reservoir excavation inside the stream bed to bring it back to its original level and prevent further erosion. The rocks would also help to catch debris and branches that come down the stream and plug the pipe at 154th. King County Surface Water Management Administration called this proposal a continuing emergency because of the erosion. MOVED AND SECONDED TO ADD 11EM 7B, EMERGENCY REPAIRS TO GILLIAM CREEK, TO THE AGENDA. MOTION CARRIED. Councilman Robertson reported on issues discussed at the Transportation Committee meeting. Three transportation projects were discussed: Interurban Ave., Southcenter Blvd., and East Marginal Way. Between the three of them they could possibly cost the City in excess of five million dollars. Alan Doerschel has been asked to put together a presentation for the Committee of the Whole to show the impact of the cash flow on the City over the next few years. Councilman Moriwaki reported that as an executive board member of the Human Services Roundtable he had attended a news conference on April 11 with Mayor Norm Rice and County Executive Tim Hill. Just under $200,000 of community projects were awarded to address the drug problem. The majority of the contracts went outside of the City of Seattle. Councilman Rants reported on House Bill 4952 on the state required comprehensive plans. One line has been written in about how land use will go throughout the state: "this section shall not apply to court districts or municipal airports The mayors of Normandy Park and Des Moines are urging all jurisdictions to write to the governor and ask him to line item veto this one line. Regular Meeting Minutes April 16, 1990 Page 3 PUBLIC HEARINGS Request for Waiver to Ordinance No. 1550 (Moratorium) Lillian Mott Mayor VanDusen opened the hearing at 8:00 p.m. Lillian Mott, 24921 B 110th Ave. S.E., Kent, is requesting a waiver to allow her to sell her vacant property in order to invest the proceeds for retirement. The property is located between 148th and 150th on 4820 So. 150th Street. (Lots 6 7, Block 2, Adams Home Tracts, Division 2) She has no personal plans to develop the land; however, she feels that the moratorium brings into question the development potential of her property. Mrs. Mott indicated she has had interested buyers for the land but the moratorium issue has prevented a completed sale. The buyers want assurance they will be able to build on the land. Councilman Robertson stated that Mrs. Mott does not need a waiver to sell her property. The moratorium does not prevent her from doing that; however, if a waiver was granted, she would have to abide by the conditions of the Sensitive Areas Ordinance. Mrs. Mott replied that she was told by a realtor that she should obtain a waiver before anyone would be interested in buying her property. She fears that when the moratorium is over she may be left with two lots that she can't do anything with. Rick Beeler, Director, Office of Community Development, responded that the question presented to his office was how to remove any cloud that the moratorium would have on the conveyance of property to a potential purchaser. This was the only process that might give Mrs. Mott some relief. Councilman Robertson inquired if Council would have to grant a waiver to the moratorium that would not include the conditions of the Sensitive Areas Ordinance in order to help Mrs. Mott. Mr. Beeler responded that he was correct. Council President Hernandez asked Mrs. Mott how long she had been listing her property for sale prior to the moratorium going into effect and if it would pose a financial hardship for her to wait 60 90 days for the moratorium to end. Mrs. Mott replied that the land had been on the market for the last three years and that waiting until the moratorium ends probably would not create a hardship; however, if the final SAO prevents someone from building on the property, she may be stuck paying taxes on property she can't sell. Mrs. Hernandez stated she didn't feel Mrs. Mott was being restricted from selling her property. She suggested that Mrs. Mott could sell her property subject to the buyer obtaining a building permit within 60 or 90 days. Councilman Robertson clarified that it was Council's intention that the moratorium was to be used for things where someone planned to actually build or clear property. Mrs. Mott is requesting an unconditional waiver so she can sell her property. Based upon what the moratorium and the SAO are actually about, Councilman Robertson does not believe Council can grant a waiver in this case. He suggested that Mrs. Mott seek advice from a realtor. The hearing was closed at 8:15 p.m. MOVED BY ROBERTSON, SECONDED BY MORIWAKI, TO DENY THE REQUEST FOR WAIVER.* Councilman Robertson clarified that the reason for the motion to deny is that there is no proposal before Council to do anything. The only thing that would do Mrs. Mott any good is an unconditional waiver to all the conditions of the SAO. He does not believe that is possible for Council to do. *MOTION CARRIED WITH DUFFIE VOTING NO. WAIVER IS DENIED. Regular Meeting Minutes April 16, 1990 Page 4 Request for Waiver to Ordinance No. 1550 (Moratorium) Beno Hegyi Request for Waiver to Ordinance No. 1550 (Moratorium) Joanne Poirier The hearing was opened at 8:18 p.m. Beno Hegyi, 14083 58th Ave. So., is requesting a waiver to enable him to construct a single family residence at 14116 56th Ave. So. Mr. Hegyi stated he would be building the house on the same spot the original house had been and that the moratorium affects only a portion of his property away from the building site. There would be no grading or filling needed. Mr. Hegyi bought the property as an investment and needs to realize a profit. Rick Beeler reported that since the house burned down it is necessary to start from scratch relative to development standards. By today's standards it is questionable whether the 40 percent slope and retaining wall will be able to remain. Anything that would remain, i e a foundation, would also have to pass today's standards. Councilman Robertson noted the conditions listed on the staff report and asked if those conditions wouldn't be required anyway. Mr.Beeler responded that due to difficulty in communicating with the applicant, staff wanted to be very clear on what was required. Council President Hernandez asked for comments from citizens in the immediate neighborhood of Mr. Hegyi's property. Scott Nangle, 14140 56th Ave. So., commented that developing the property would help the possible erosion problems on the hillside. He stated he is concerned that the project be built in a quality manner. Mayor VanDusen closed the hearing at 8:30 p.m. MOVED BY MORIWAKI, SECONDED BY RANTS, THAT THE WAIVER BE GRANTED SUBJECT TO THE CONDITIONS THAT A SOIL STABILITY STUDY AND A STORMWATER RUNOFF/DRAINAGE STUDY BE PERFORMED. MOTION CARRIED. The hearing was called to order at 8:32 p.m. Rick Beeler announced that the applicant, Joanne Poirier, was not in attendance. Although not representing the applicant, Mr. Beeler offered the following information. The applicant has requested to undertake required actions to bring her property into compliance with zoning and building codes according to ongoing enforcement action. In order to proceed with the code enforcement process, it is necessary for Mrs. Poirier to request a waiver because there is a wetland on the property as well as slopes over 15 percent. Attorney Colgrove stated that the current stance from his office and Planning is that we would like to help Mrs. Poirier get into compliance if it's possible. She has be informed of the steps she has to take. Those involve obtaining building permits and some type of lot line adjustment. It may involve getting a short plat of a remaining parcel. Mrs. Poirier can't do any of the required actions without a waiver due to the slopes and wetland involved. Mrs. Poirier has created the problems. She maintains that she had certain permits from King County. King County has not been able to find any record of it and Mrs. Poirier has not been able to produce the permits. Now the question is how to solve the problem. If she is forced to remove some buildings, it would represent a large financial loss to her and most certainly involve legal action. Council President Hernandez asked Rick Beeler for an explanation of the three requirements needed to bring Mrs. Poirier into code compliance. Referencing the site plan, Mr. Beeler responded that building #2 was located just over the property line. In order for Mrs. Poirier to resolve this problem, she could either cut off the portion of building #2 or adjust the property line. Regular Meeting Minutes April 16, 1990 Page 5 Public Hearing (con't) Recess 8:55 p.m. 9:00 p.m. Public Meeting OLD BUSINESS Ordinance No. 1563 Relating to Metered Water Rates O5 23 She actually will have to cut off a portion of building #2 anyway, but an adjustment of the property line will allow less of the building to be cut away. Building #3 would require creation of another lot in order to retain the building. The building is currently unoccupied and is used as storage. There would have to be a short plat to create the new property line. There would be a boundary line adjustment to correct the line between building #1 and building #2. A demolition permit is required to remove a portion of building #2 or to remove building #3. To allow any improvements to buildings #1 #2 or #3 requires a building permit. Mayor VanDusen closed the hearing at 8:45 p.m. MOVED BY RANTS, SECONDED BY HERNANDEZ, THAT THE WAIVER BE GRANTED WITH THE CONDITIONS STATED BY THE PLANNING DEPARTMENT.* Councilman Robertson asked if it was possible to grant the waiver that includes wording to the effect, "only those actions needed to bring her building into conformance with existing codes, per her ongoing discussions with the DCD staff'. He questioned how a waiver could be granted "per ongoing discussions with staff". Mr. Beeler responded that the waiver as recommended would do that. Councilman Robertson clarified that what the applicant is requesting and being supported by the staff are the three points regarding: (1) adjusting the boundary line between lots 1 2; (2) remove building #2 entirely via demolition permit or remove a portion of building #1 or building #2 to meet setback requirements; (3) either remove building #3 via a demolition permit or short plat lot #2. Council acknowledged their understanding. *MOTION CARRIED. WAIVER IS GRANTED WITH CONDITIONS. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. The meeting was called back to order with Councilmembers in attendance as listed above. Don Williams, Director, Parks and Recreation, reported that this public meeting was called to receive input on the policies that will guide Council in decisions to be made at a later time on the use of $54,800 of 1991 block grant funds. Mayor VanDusen opened the hearing at 9:02 p.m. No public comments were offered. The hearing was closed at 9:03 p.m. MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance of the City of Tukwila, Washington, amending TMC 14.04.240 Sections (a), (b), (c) and TMC 14.04.330 Sections (d) (1) and (2) relating to metered water rates. MOVED BY DUFFIE, SECONDED BY RANTS, THAT ORDINANCE NO. 1563 BE ADOPTED AS READ.* Council President Hernandez inquired if citizens had been notified of the public hearing on their water bill. Alan Doerschel acknowledged that the notification had been printed on the water bill. Mrs. Hernandez noted that consumers who live in apartments most probably were not aware of the hearing as it would be only the property owners or property managers who were notified. Regular Meeting Minutes April 16, 1990 Page 6 Old Business (con't) Resolution No. 1138 Declaring an Emergency and Authorizing Emergency Repairs to Gilliam Creek Resolution No. 1139 Establishing Local Program Policies for the 1991 King County Community Development Block Grant Consortium *MOTION CARRIED UNANIMOUSLY. Oso She commented she had a problem with consumers not being notified and would, therefore, vote against the motion. Councilman Moriwaki responded that the previous Council had approved the construction of the water reservoir. Now the bill has to be paid. Council President Hernandez added she would like to see some way to notify consumers of their opportunity to come to the public hearing. Councilman Duffie commented that the only calls he had received regarding rates were from citizens who were unhappy they were being charged for surface water management. Councilman Robertson stated he would vote against the motion as he was absent when the reservoir issue was presented. He is not certain how he would have voted at that time. He remembers writing a letter protesting the building of the reservoir because he didn't believe the benefits justified the costs at that time. He still believes this and feels the whole reservoir issue was unnecessary. Councilman Duffie stated that when the reservoir issue was presented there was opportunity for public input. MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read a Resolution of the City of Tukwila, Washington, declaring an emergency for creek erosion repairs caused by heavy rains, and authorizing emergency expenditures. MOVED BY MORIWAKI, SECONDED BY HERNANDEZ, THAT RESOLUTION NO. 1138 BE APPROVED AS READ. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read a resolution of the City Council of the City of Tukwila, Washington, establishing general local program policies for participation in the 1991 King County Community Development Block Grant consortium. MOVED BY MORIWAKI, SECONDED BY HERNANDEZ, THAT RESOLUTION NO. 1139 BE APPROVED AS READ.* Councilman Moriwaki noted that this issue had come before the Community Affairs and Parks Committee. Exhibit A is very articulate and shows good vision. The Committee wished more money was available to implement more programs. *MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFLE, TO AUTHORIZE THE MAYOR TO SIGN THE DOCUMENT FROM KING COUNTY PLANNING AND COMMUNITY DEVELOPMENT DIVISION ACCEPTING THE ESTIMATED PASS THROUGH FUNDS OF $54,799. MOTION CARRIED. Regular Meeting Minutes April 16, 1990 Page 7 Old Business (con't) Authorization Mayor to Sign Temporary Road Haul Easement and Storm Drain Easement Extension for North Hill Reservoir Authorize Mayor to Sign Easement and Bill of Sale Accepting Proposed Public Infrastructure in So. 152nd Heatherwood Development ADJOURNMENT 9:15 p.m. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN THE DOCUMENTS AND COMPENSATE THE PROPERTY OWNER FOR TEMPORARY ROAD HAUL EASEMENT AND STORM DRAIN EASEMENT EXTENSION FOR NORTH HILL RESERVOIR. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY RANTS TO AUTHORIZE THE MAYOR TO SIGN EASEMENT AND BILL OF SALE ACCEPTING PROPOSED PUBLIC INFRASTRUCTURE IN SOUTH 152ND STREET AS A CONDITION OF THE HEATHERWOOD DEVELOPMENT. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. G&&"ry L. Van Dusen, Mayor Cantu, Acting City Clerk