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HomeMy WebLinkAbout1988-09-06 Regular MinutesSeptember 6, 1988 7:00 P.M. CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS CONSENT AGENDA PUBLIC HEARINGS Pre annexation zoning Comp. Plan Amendment for Schneider Annex. (Second Hearing) TUKWILA CITY COUNCIL Regular Meeting M I N U T E S Tukwila City Hall Council Chambers Mayor Van Dusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. EDGAR D. BAUCH; MABEL J. HARRIS, Council President; MARILYN G. STOKNES; JOAN HERNANDEZ; DENNIS L. ROBERTSON; CLARENCE B. MORIWAKI. It was noted that Council Member Duffie would be late. LAWRENCE HARD, City Attorney; MAXINE ANDERSON, City Clerk; ROSS EARNST, Public Works Director; JOHN MCFARLAND, City Administrator; RICK BEELER, Planning Director; ALAN DOERSCHEL, Finance Director;TOM KEEFE, Fire Chief; RON WALDNER, Police Chief; REBECCA FOX, Associate Planner; MOIRA BRADSHAW, Associate Planner. a. Approval of Minutes: August 15, 1988 b. Approval of Vouchers Claims Fund Vouchers #36088 #36265 Current Fund City Street Arterial Street Land Acq., Bldg., Dev. Water Fund Sewer Fund Water /Sewer Construction Foster Golf Course Equipment Rental Firemen's Pension MOVED BY BAUCH, SECONDED BY HARRIS, THAT THE CONSENT AGENDA BE APPROVED AS PRESENTED.* Council Member Robertson withdrew the minutes of August 15, 1988. *MOTION CARRIED. 76,629.05 4,806.89 32,749.49 5,498.21 1,995.87 1,217.26 1,183.44 8,955.49 31,802.60 69.79 $164,908.09 Mayor Van Dusen opened the second Public Hearing on Pre annexation Zoning and Comprehensive Plan Amendment for the Schneider Annexation, located south of So. 178th St. and East of I -5. Brad Collins, 365 Erickson Ave. N.E., Bainbridge Island, Wash., said he is representing the applicant, Gerald Schneider. There are three essential points in this pre- annexation zoning request. 1. There are some unforeseen circumstances which qualify this annexation for a comprehensive plan amendment and a change in zoning to professional office. It is similar to the property located at the southwest corner of 180th and Southcenter Pkwy., the Martin property. There have been road improvement projects planned for this area that were not con- sidered in 1982 when the Comprehensive Plan amendments were made. TUKWILA CITY COUNCIL, REGULAR MEETING September 6, 1988 Page 2 PUBLIC HEARINGS Cont. Pre annexation zoning Comp. Plan Amendment for Schneider Annex. (Second Hearing) cont. 2. Public interest can be served by better mitigating the health and safety problems associated with noise from the existing and planned roadways. The proposed roadway connec- tion to I -5 is important to Tukwila and the surrounding land uses. 3. If Council does approve the Planning Commission's recom- mendation against the office zoning, they believe three con- ditions should be added. (1) Zoning to residential use be conditioned by changes to the Tukwila T.I.P. that would eli- minate any additional I -5 access improvements north of South 188th; (2) The EIS for the Heavy Industrial uses to the east and south of the subject property be mitigated to prevent off -site emissions and provide on -site screening from resi- dential views; (3) Reclassify the Martin and Polk properties back to R -1 -9.6 to protect the integrity of the single family residential uses. Mrs. Ray Flink addressed the Council about the proposed freeway access and said she felt it should be at South 192nd Street. Ann Nichols, representing the Segale family, spoke against the rezone. They have 22 acres in this area. They were part of the original Comp. Plan amendments which took years to develop. There have not been any great changes in the area since that time. The City needs residential land and this area is not undesirable. The freeway access is not a valid concern at this time. They are opposed to the rezone; it could be a dis- service to the City by losing some of the last remaining residential property. Dharlene West said she doesn't think the property should have the zoning changed, but she agrees with the annexation of this property to the City. We should not be expected to change plans that have been in effect for years just because the owner would rather build offices instead of single family homes. This property is not too steep; the steepest area can be used for yards. Noise can be mitigated by construction of the buildings. It is not logical that the City should change their plans just because a developer has requested a change. There is no logical reason for this rezone, and it should not be granted. Dick Goe, 5112 So. 163rd Place, spoke in opposition to an upzone of the property. He encouraged Council to accept the annexation proposal but do it on the basis of the comprehen- sive plan that was worked through by the citizens, by the City over a period of time. The owner of this piece of pro- perty has known for 6 to 8 years specifically what zoning was placed on it. There is no logic to the concept that, if an area is too noisy to put in single family residential areas, it is less noisy if you put in offices or commercial outlets. Construction techniques are available which allow for the reduction of noise levels in buildings so that a constant noise source will not interrupt sleep. This could be done here so that this residential area could be developed in single family. This property, based on the development of single family residential units, should be a profitable development. There is no reason for Council to make a deci- sion that is going to create, for a developer, an additional profit level on the purchase they made. He asked Council to be consistent with the land use plan and consistent with the aims of the comprehensive policy. Bring this property into Tukwila but do not increase their zoning. TUKWILA CITY COUNCIL, REGULAR MEETING September 6, 1988 Page 3 PUBLIC HEARINGS Cont. Pre annexation zoning Comp. Plan Amendment for Schneider Annex. (Second Hearing) cont. Public Hearing on proposed ordinance providing compre- hensive regulations on public use of Panoram Devices Doris Gennotti, owner of property on South 178th and I -5, said when you consider the Martin rezone, you will see the unfairness in not granting the annexation and rezone. Their property (3.2 acres) is not saleable as a single family resi- dential area. Gerald Schneider, applicant, stated that this property is not desireable for single family homes. Offices don't open win- dows anymore so the noise level is down. This area is located between manufacturing, P -0, and the freeway. The single family use is not compatible. There being no further comments, Mayor Van Dusen closed the Public Hearing. MOVED BY BAUCH, SECONDED BY HERNANDEZ, THAT ADMINISTRATION PREPARE A RESOLUTION OF ANNEXATION AND AN ORDINANCE THAT SUPPORTS THE POSITION OF THE PLANNING COMMISSION. MOTION CARRIED. Council Member Stoknes asked to be provided information on the Martin rezone. Mayor Van Dusen opened the Public Hearing on the proposed ordinance providing comprehensive regulations on public use of Panoram Devices. Bea Eaton, 12844 24th Ave. South, explained that this is step two of the adult entertainment ordinance, step one was the designation in the zoning code. It specifies regulations on behavior that can go on within an adult entertainment establishment. She encouraged Council to approve this ordi- nance. Barry Reed, 5103 South 164th St., explained that they were attempting to remain within the restrictions of the state law on what can be done with obscene material on the development of this ordinance. We can regulate the time, place and manner of the display of material. We do not have the capa- bility of prohibiting material from being displayed; the main concern associated with these devices was the conduct within the booth. This ordinance requests the booths to be visible at all times; that only one person can be in the booth; and that by establishing the door level, conduct in the booth is viewable. We cannot stop a person from viewing the material, but we can stop certain conduct from taking place within the booth. This is a good piece of legislation. The Task Force did a good job, and he encouraged Council to adopt the ordinance. Lisa Angle, 16037 45th Ave. South, presented a petition con- taining signatures of 281 people who either work or live in the Tukwila area and would like Council to support the pro- posed panoram ordinance. Title of the petition is "Tukwila citizens against pornography." Dave Lundsford, 14742 macadam Road South, encouraged Council to pass this ordinance. He has no place for material con- tained in such an establishment as this. The people in his church have the same opinion. He supports this legisla- tion which ensures the legality of the actions that go on in these types of businesses. It is our responsibility to make sure that the kind of things that go on are legal and law- abiding. TUKWILA CITY COUNCIL, REGULAR MEETING September 6, 1988 Page 4 PUBLIC HEARINGS Cont. Public Hearing on proposed ordinance providing compre- hensive regulations on public use of Panoram Devices (cont) Ordinance #1475 Providing compre- hensive regulations on public use of Panoram Devices NEW BUSINESS Consideration of King County Solid Waste Interlocal Agreement and Inter local Forum Agreement Ordinance #1476 Relating to the operation of pawn brokers and second hand dealers Budget Transfer #88 -09 for $11,000 to do review /design of proposed Fire Station #51 building expansion Approval of Minutes George Hill, 5618 South 147th, told of his visit to the video store on Interurban Avenue. He joined the Task Force to see if controls could be set and encouraged Council to adopt the proposed ordinance. There were no further comments from the audience. MOVED BY MORIWAKI, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Wash., adopting a new Chapter 5.52 to the Tukwila Municipal Code to provide comprehensive regulations on public use of Panoram devices. MOVED BY MORIWAKI, SECONDED BY HARRIS, THAT ORDINANCE NO. 1475 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY ROBERTSON, THAT ITEM C BE CONSIDERED AT THIS TIME. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY HARRIS, THAT THE MAYOR BE AUTHORIZED TO SIGN THE SOLID WASTE INTERLOCAL AGREEMENT AND THE FORUM INTERLOCAL AGREEMENT WITH KING COUNTY. MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Wash., amending Section 5.50 of the Tukwila Municipal Code relating to the operation of Pawn Brokers and Second Hand Dealers. MOVED BY HERNANDEZ, SECONDED BY HARRIS, THAT ORDINANCE NO. 1476 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY HERNANDEZ, THAT BUDGET TRANSFER MOTION #88 -09, IN THE AMOUNT OF $11,000, BE ADOPTED AS READ.* Tom Keefe, Fire Chief, explained that this money will be used for architectural review and design of the proposed expansion to Fire Station #51. They need more space and are proposing to install another women's restroom, move the kitchen to the second floor and open the existing kitchen and meeting room into one big room. They need an architect to tell them what they can and cannot do. *MOTION CARRIED. Council Member Robertson noted the wording on his presen- tation of August 15 found in the minutes on Page 4. He sum- marized his idea more clearly "the wooded hillsides are a crucial major part of the environment. They not only provide valuable view lots; they are a major component of the view from within the City. Because of this, they must be provided special protection when they are developed." MOVED BY BAUCH, SECONDED BY STOKNES, THAT COUNCIL MEMBER ROBERTSON'S IDEAS BE INCLUDED IN THE MINUTES. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY ROBERTSON, THAT THE MINUTES OF AUGUST 15, 1988 BE APPROVED AS DISCUSSED. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING September 6, 1988 Page 5 REPORTS Open House, Arts Commission Lawsuit Filed Authorization to MOVED BY BAUCH, SECONDED BY ROBERTSON, THAT COUNCIL AUTHORIZE purchase paint grinder THE PURCHASE OF A PAINT GRINDER IN PLACE OF A CRACK SEALER. MOTION CARRIED. Purchase of building at 14000 Interurban RECESS Briefing on Foster Thorndyke pre- annexation zoning EXECUTIVE SESSION ADJOURNMENT 9:55 p.m. Mayor Van Dusen announced that the Arts Commission is planning an Open House at City Hall on September 20. Attorney Hard reported that World Wide Video has filed a lawsuit in Superior Court. He noted that he would discuss this further in the Executive Session. Council Member Bauch announced that the City is purchasing the building located at 14000 Interurban Ave. South adjacent to the Golf Course. It will be used to house the maintenance crew and equipment for the Parks and Golf Course. The City will not have immediate access to the building. Council recessed for five minutes. MOVED BY HARRIS, SECONDED BY BAUCH, THAT COUNCIL MEMBER DUFFIE BE EXCUSED FROM THE MEETING. MOTION CARRIED. Moira Bradshaw, Associate Planner, gave a presentation on the Foster and Thorndyke pre- annexation zoning proposals. She explained the Planning Commission has closed their Public Hearing and will be deliberating on Tuesday. They will send their recommendations back to Council. She noted the areas where the greatest issues were raised. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT THE CITY COUNCIL GO INTO EXECUTIVE SESSION FOR FIFTEEN MINUTES. MOTION CARRIED. Executive Session called to discuss a lawsuit and the purchase of property. MOVED BY HARRIS, SECONDED BY BAUCH, THAT THE CITY COUNCIL GO OUT OF EXECUTIVE SESSION. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY BAUCH, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Gatty Van Dusen, Mayor Maxine Anderson, City Clerk X 37