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HomeMy WebLinkAbout1990-01-22 Special MinutesJanuary 22, 1990 7:00 p.m. CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL CITIZEN'S COMMENTS Recycling CONSENT AGENDA OLD BUSINESS Amend Agenda by deleting Item B, relating to Civil Service TUKWILA CITY COUNCIL SPECIAL MEETING MINUTES Tukwila City Hall Council Chambers Mayor Van Dusencalled the Special 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; WALLY RANTS. Scott Nangle, resident of Tukwila, thanked the City for starting on the recycling information process. The Wednesday night meeting was well attended. Rebecca Fox and Craig Benton put on a very interesting presentation. There were a lot of people interested in recycling. Mr. Nangle presented Council a report on the current solid waste disposal system in Tukwila, and he included some specific suggestions for a better solid waste utility. He suggested that the City drop the twice yearly free coupon for garbage disposal and implement an on -call bulky goods disposal program, that open burning be disallowed, and that a rate incentive program be encouraged. George Malina. 15617 47th Ave. So., endorsed the Spring and Fall Cleanup Program sponsored by the City. It helps those individuals who do not normally take things to the dump. Scott Nangle commented that the Program encourages people to save garbage until the free dump period. A bulky item pickup might address part of the problem. a. Approval of Vouchers Claims Fund Vouchers #42727 #42918 (January, 1990) General Fund City Street Water Fund Sewer Fund Foster Golf Course Surface Water Equipment Rental The vouchers being approved are the first for 1990. *MOTION CARRIED. *MOTION CARRIED. $243,081.93 11,187.11 4,394.00 67,844.34 20,895.64 175.48 3.341.81 $350,920.31 MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, THAT "B" BE DELETED BECAUSE ALL OF THE ISSUES HAVE NOT BEEN RESOLVED.* Item B is an Ordinance relating to the Civil Service Commission. TUKWILA CITY COUNCIL, SPECIAL MEETING January 22, 1990 Page 2 OLD BUSINESS Cont. Wallace (Whitco) petition for waiver (continued from 1/15/90) The Whitco petition for waiver from the moratorium under the Sensitive Areas Ordinance was continued from the Regular Meeting of January 15, 1990. Mayor Van Dusen asked if there was any new information from members of the audience. Bob O'Connal, 1009 Minor Ave. East, Seattle, is speaking for Mr. White. They have met with City Staff in an attempt to resolve the problem. It has been recommended that they request the waiver on the SEPA (State Environmental Policy Act) process and then come back to Council for a waiver on the grading permit at a later date. Rick Beeler, Planning Director, explained that several months ago he required an Environmental Impact Statement to be prepared for this application. The applicant has been preparing supplemental information working to resolve the issues so he could get a mitigated determination of non significance. They were close to making the final decision when the moratorium was imposed. Roger Baker, audience, stated he is against allowing them to proceed with excavation under the conditions they have now. Daniel Arrigon, 4610 So. 124th, said he is representing citizens from the hillside. He expressed some of their concerns. The Sensitive Area Ordinance doesn't say anything about rock. The waiver should not be granted as the Whitco Company has not shown financial or personal hardship. If Council approves this now, it will be easier for other applicants to get approval. One of their biggest concerns is the steepness of the hill. If they cut the hillside more than 40% they are causing a hazard for the children in the area; knowing children, they are going to try and climb it. If they started cutting into the hill and get into softer soil, what is going to happen? Connie Hoffman, 3924 So. 114th, commented that she lives on the hill in question. She quoted from testimony Mr. White had given about financial hardship they will suffer if the waiver is not granted. When Mr. White purchased this property, it was in King County but was in the process of being annexed to Tukwila. He should have planned for this. He should have realized the process with Tukwila would be different than King County. Mr. White Cited three ways a waiver would benefit the City. (1) Dedication of the river bank area to the City. This property lies within the 200 feet of the river and falls under the Shoreline Management Act. (2) Improvement of utilities to the area. The area has its own utilities and would not benefit from Whitco's installation. (3) Increase the tax base in Tukwila. The City already has a good tax base and there are more than 46,000 jobs in the City because of the development. She was told that the residents of the City come first. She asked Council to proceed slowly with this development. The only value this will give to the community is cosmetic. It will be the first thing you see when you enter our City. It is important to us what the final grade of the hill is going to be. Milton Smith, Attorney for Whitco, offered to answer any questions. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT COUNCIL DENY THE WHITCO REQUEST FOR WAIVER FROM THE SENSITIVE AREA ORDINANCE.* Council Member Moriwaki said the points for granting the waiver have not been adequately expressed. Emergency and hardship have been briefly mentioned. It looks like the request for waiver is TUKWILA CITY COUNCIL, SPECIAL MEETING January 22, 1990 Page 3 OLD BUSINESS Cont. Wallace (Whitco) petition for waiver (continued from 1/15/90) just a way to get additional time. That doesn't seem like a hardship. The, SAO, as it is drafted speaks specifically to hillsides; that is a hillside, there is no doubt about it. Some of those slopes are probably 90° and this is well beyond 40 Council Member Robertson said he is against the motion. Go ahead with the SEPA process and see what issues are raised. They may be so severe that it will materially change their development or make it financially not feasible. The SEPA processes can do that, especially when the proposed development has such a dramatic impact as this one does; it is essentially moving a hill and creating a cliff. By granting this, we are still not allowing any rock to be removed. When the SEPA process is done, it is still coming back to Council. This will give us more time to develop the SAO and consider the question of how to treat rock or whether we are even going to treat rock different than dirt. Council Member Rants said he will not vote to allow the applicant to excavate the hillside until all questions are answered and this can be done through the SEPA process. Rick Beeler, Planning Director, explained that interested citizens have a right to appeal a decision on the SEPA process to the City Council. If they require an Environmental Impact Statement, there could be some public hearings giving a chance for everyone to comment. Council President Hernandez said she will not vote in favor of the motion because she would like to know the outcome of the SEPA process. I don't see any harm in letting them go ahead with the SEPA process because there will be no excavation allowed during that time, and we will get the answers to our questions. Council Member Moriwaki commented that the request has changed since last week. In a memorandum the applicant offers technical expertise for the SAO process, but this seems like it is only a special interest for the applicant to have the SAO deal with his property in a favorable light. There is no guarantee that when the SEPA process is completed, before the moratorium is over, and the SAO has a whole new multitude of issues that weren't addressed during the SEPA process, where are you because you have already approved this document. *MOTION FAILED WITH DUFFIE AND MORIWAKI VOTING YES. MOVED BY ROBERTSON, SECONDED BY RANTS, THAT COUNCIL GRANT A WAIVER FOR THE SEPA PROCESS ONLY.* Council Member Robertson explained that if we do this, they can go ahead with the SEPA process, then the Planning Director will decide if it is non significant or not. The applicant will get a better view of the scope and cost of his project. There may be some test drillings done during this process, but this is the only activity that will take place on the site. Council Member Lawrence asked if Council grants the waiver, can they proceed with the installation of the fence. Mr. Beeler thought that would be permissible. Council Member Ekberg asked if in considering the waiver for the SEPA process only, does it include the issue of making it subject to filing an agreement to conform to the adopted Sensitive Areas Ordinance and to process the application at his risk and expense? He wanted to be sure this was included. TUKWILA CITY COUNCIL, SPECIAL MEETING January 22, 1990 Page 4 OLD BUSINESS Cont. Wallace (Whitco) petition for waiver (continued from 1/15/90) Resolution #1130 Recognizing the bond issues for the South Central and Highline School Districts. ADJOURNMENT 8:27 p.m. MOVED BY LAWRENCE, SECONDED BY DUFFIE, THAT THE MOTION BE AMENDED THAT A TEMPORARY FENCE BE CONSTRUCTED AS PLANNED AROUND THE PERIMETER OF THE PROPERTY FOR SAFETY. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT THE MOTION BE AMENDED TO INCLUDE THE WAIVER REQUEST IS SUBJECT TO FILING AN AGREEMENT TO CONFORM TO THE ADOPTED SENSITIVE AREAS ORDINANCE AND TO PROCESS THE APPLICATION AT HIS RISK AND EXPENSE. MOTION CARRIED. Bill Scheffler suggested that the result of the SEPA process be posted on the property to give the people in the area a chance to appeal. *MOTION CARRIED AS AMENDED WITH MORIWAKI AND DUFFIE VOTING NO. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Colgrove read a resolution of the City of Tukwila, Washington, expressing support for the passage of school bond issues in the Highline and South Central School Districts. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT RESOLUTION NO. 1130 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE SPECIAL MEETING OF THE TUKWILA CITY COUNCIL ADJOURN AND THAT COUNCIL GO INTO A COMMITTEE OF THE WHOLE MEETING. GarJ L: Van Dusen, Mayor Maxine Anderson, City Clerk