Loading...
HomeMy WebLinkAbout1990-03-12 Special MinutesTUKWILA CITY COUNCIL March 12, 1990 Tukwila City Hall 7:00 P.M. CALL TO ORDER ROLL CALL OFFICIALS CITIZEN'S COMMENTS Michele Nangle Scott Naugle SPECIAL MEETING MINUTES 5 Council Chambers Mayor Pro -Tem Joan Hernandez called the Special Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE DUFFIE, JOAN HERNANDEZ (Council President), DENNIS ROBERTSON, CLARENCE B. MORIWAKI, ALLAN E. EKBERG, STEVE LAWRENCE, JOHN RANTS. JOHN COLGROVE, City Attorney; MAXINE ANDERSON, City Clerk; JOHN MCFARLAND, City Administrator; RICK BEELER, Director, Department of Community Development; VERN UMETSU, Associate Planner, Department of Community Development. Michele Scott Nangle, 14140 56th Avenue South, reported that due to a citizen's woodstove burning she truely believes she has lost a year of her life. Michele suspects that this citizen is burning plastics and the smell is not only unbearable, but is impairing her health. She stated that the smell was so bad that after getting out of her car she had to hold her breath until she entered her house, ran down stairs and placed a covering over her mouth before taking another breath. Michele has seen her doctor and is now on medication as a result of the polluted air she has to breath in her neighborhood. Scott Nangle, husband of Michele (same address as above), reported that he did call the Tukwila Fire Department and complained he had a neighbor that he suspected was burning trash and was told that yes, Tukwila does have rules against burning trash but since it was being done indoors they didn't want to come out and get involved. Tukwila Fire Department stated this was a civil issue and it was against the rules to enter the house. Scott stated he felt very frustated that Tukwila Fire Department did not offer to help. Instead, they referred him the the Puget Sound Air Quality Board. Of course, their office is opened weekdays and not weekends when the burning usually takes place. Councilmember Joe Duffie sympathized with the Nangles and stated that he had experienced similar problems with his neighbors and would like to share with the Nangles infor- mation of other possible contacts for further help. Councilmember Dennis Robertson commented that he finds it difficult to believe that burning pollutants in a neigh- borhood is not a civil matter. Council President Hernandez concurred that this issue appears to be a civil matter. City Attorney Colgrove stated that he would check the TMC (Tukwila Municipal Code) to see what specific provisions are there for issuing citations, if there are any. Councilmember Moriwaki posed the question: Could this fall under the Public Health, Safety Welfare since her health was endangered? Moriwaki used an example of an ammonia cloud posing a threat on citizens, surely we would take action to protect the welfare of those citizens. City Attorney Colgrove commented that someone in the City would have to go out and make that determination, that it is a threat to the public. TUKWILA CITY COUNCIL SPECIAL MEETING MARCH 12, 1990 Page 2 CITIZEN'S COMMENTS Michele Scott Nangle (Con't) PUBLIC HEARING Rezone of 75,970 square feet of property from R -1 -7.2 to C -2, located at 16813 Southcenter Parkway, requested by Robert Schofield (Mikami Rezone) Michele Nangle stated that the City should direct the Tukwila Fire Department to go out to the area and run tests on the air because they are trained in this area. Of course, a simple sniff would tell a trained nose immediately that something is wrong with the air. Councilmember Steve Lawrence commented that if the Fire Department ordinarily enforces rules against outdoors burning at the wrong time of the year for safety reasons, that if they suspect sombody is burning the wrong materials in the house that may be in violation of a Code, can't they go to the door and talk to the person without going into the house (and wouldn't need a warrant) and at least inform that person of their suspiction, and that alone might immediately cause the person to cease the activity. Attorney Colgrove stated that either our police or fire departments should be able to go and talk to suspicious per- sons in matters such as these. Council President Hernandez stated the matter will be forwared to the Finance Safety Committee and will ask Allan Ekberg, Chairman, to put on his Agenda. Vernon Umetsu, Associate Planner, Department of Community Development, presented the Planning Commission's recommen- dation for approval of the Mikami Rezone of 75,970 square feet of property from R -1 -7.2 (single family residential) to C -2 (regional commercial), located at 16813 Southcenter Parkway. The property is currently vacant. The Planning Commission held a Public Hearing on January 25, 1990 and made recommendation that the Mikami Rezone be approved based on the findings, conclusions stated in the Staff Report dated January 25, 1990. The rezone site is surrounded by commercial and industrial uses except for I -5 freeway to the west. The site is very flat except for the rear (western) perimeter which is the foot of the Green River Valley wall and contains slopes over 15 percent. Site access would be directly from Southcenter Parkway; a five -lane minor arterial, with adjacent peak hour traffic volumes of 1800 vehicles. The site is fully served by all utilities. The Planning Commission agreed with the Decision Criteria as stated on page 3 4 of the Staff Report: The proposed rezone is in the public interest because the new zoning would be consistent with the Comprehensive Plan; The concep- tual commercial development is generally in character with surrounding commercial and industrial structures; the existing detached single family zoning of the property is not consistent with the Comprehensive Plan, nor are detached single family residences compatible with surrounding commer- cial and industrial uses; the property is currently unsuitably zoned and should be rezoned to C -2 to be con- sistent with the Comprehensive Land Use Plan Map. Councilmember Duffie inquired will the property line cut into the hill? Mr. Umetsu stated that the property line does go up the hillside and that the applicant has signed an agreement to be in conformance with the SAO (Sensitive Area Ordinance). TUKWILA CITY COUNCIL SPECIAL MEETING MARCH 12, 1990 Page 3 PUBLIC HEARING Robert H. Schofield (Mikami Rezone)Con't Robert H. Schofield, 4212 Hunts Point Road, Bellevue, WA 98004, speaking on behalf of Mr. Matt Mikami (who was present at this meeting). Mr. Schofield will be leasing the land but Mr. Mikami is the property owner and is responsible for the rezone. Mr. Schofield asked the Council to consider the traffic miti- payment timing. Mr. Mikami has been asked to pay $38,500 which in part is for a street light that may or may not be put in someday. About $8,500 is for the participation in the widening of Strander and Southcenter Parkway. Mr. Schofield stated that rather than have Mr. Mikami pay $38,500 at the time of the building permit issuance that he be allowed to put $38,500 into an account that would be assigned over to the City as an effective method of bonding. This would guarantee that the money is there for the City. Councilmember Robertson asked was the traffic mitigation payment a condition for the building permit. Mr. Umetsu explained that the traffic mitigation payment is not a condition for the building permit and not a condition of the rezone; however, it was a condition of the SEPA determination for rezone. Any modification of those con- ditions should be through a SEPA Appeal. Mr. Umetsu also commented that the City Engineer would con- sider the establishment of an irrevocable Letter of Credit from a bank but that is a decision that would have to be made by the City Engineer and by the SEPA Official. Council President Hernandez asked if it was appropriate for the traffic mitigation fee to be considered at this meeting. Mr. Umetsu stated not to his knowledge and that he believed that this would be more of a SEPA Appeal. City Attorney Colgrove agreed that this was a condition of the SEPA and that it was not appealed. Mr. Schofield stated that this is a bonding type process and there should be a fairer way to approach it. Council President Hernandez commented that this was not a criteria that could be considered by the Council at this time and that perhaps Mr. Schofield could pursue the appeal pro- cess should he wish to do so. Discussion on the Mikami Rezone concluded, Council President Hernandez closed the Public Hearing at 7:40 p.m. MOVED BY MORIWAKI, SECONDED BY LAWRENCE THAT THE MIKAMI REZONE REQUESTED BY ROBERT H. SCHOFIELD BE APPROVED. MOTION CARRIED. Hernandez, Mayor Pro -Tem e9rding Secretary Celia Square, 1/55 OLD BUSINESS Council President Hernandez announced that Item 6a (Clarification of Council conditions to Sensitive Areas Ordinance Waiver) had been withdrawn from the agenda. ADJOURNMENT MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THE MEETING BE 7:45 p.m. ADJOURNED TO THE COMMITTEE OF THE WHOLE. MOTION CARRIED.