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HomeMy WebLinkAbout1988-09-19 Regular MinutesROLL CALL OFFICIALS CONSENT AGENDA TUKWILA CITY COUNCIL D /5/9 September 19, 1988 Tukwila City Hall 7:00 P.M. Council Chambers Regular Meeting M I N U T E S CALL TO ORDER Mayor Van Dusen called the Regular Meeting of the Tukwila and City Council to order and led the audience in the Pledge of PLEDGE OF ALLEGIANCE Allegiance. JOE H. DUFFIE; MABEL J. HARRIS, Council President; MARILYN G. STOKNES; JOAN HERNANDEZ; DENNIS L. ROBERTSON; CLARENCE B. MORIWAKI. MOVED BY DUFFIE, SECONDED BY STOKNES, THAT COUNCIL MEMBER BAUCH BE EXCUSED FROM THE MEETING. MOTION CARRIED. JOHN C0LGROVE, City Attorney; MAXINE ANDERSON, City Clerk; ROSS EARNST, Public Works Director; JOHN MCFARLAND, City Administrator; RICK BEELER, Planning Director; LUCY LAUTERBACH, Council Analyst. a. Approval of Vouchers Claims Fund Vouchers #36307 #36431 Current Fund City Street Arterial Street Fire Equip. Cum. Reserve Land Acq., Bldg., Dev. Water Fund Sewer Fund Water /Sewer Construction Foster Golf Course Equipment Rental Firemen's Pension 83,556.84 7,923.62 103,826.56 57.09 6,025.62 21,074.72 54,054.27 13,374.62 34,670.25 22,043.86 1,129.60 $347,737.05 Res. #1087 b. A resolution of the City of Tukwila, Wash., accepting a donation of rock salt from International Consolidation and Distribution, Inc. Approved on Page 6 c. Authorization for Mayor to sign King County Waste Reduction /Recycling (WR /R) Matching Grant Program Agreement. Approved on Page 6 d. Authorization for Mayor to execute professional services agreement for Surface Water Management Study to Kramer, Chin and Mayo in the amount of $50,000. e. Authorization for Mayor to execute the quit claim for easement to Corporate Property Investors (Southcenter South Industrial Park) and accept the correct easements along the as -built alignment for the water /sewer mains and sewage lift stations. f. Authorization for Mayor to execute right -of -way agreement with Marriott Hotel for 0.5 feet of property along Andover Park West and Developers Agreement for future storm drainage and roadway LIDs adjacent to this pro- perty. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* TUKWILA CITY COUNCIL, REGULAR MEETING September 19, 1988 Page 2 CONSENT AGENDA Cont. PUBLIC HEARINGS Pre annexation zoning comp. plan amendments for Riverton annexation (2nd Public Hearing) Mayor Van Dusen withdrew Item C. Council Member Robertson withdrew Item D. *MOTION CARRIED. Mayor Van Dusen declared the Second Public Hearing on pre annexation zoning for the proposed Riverton annexation open for citizen comment. He introduced a letter dated September 16, 1988, signed by Bill and Janice Scheffler with petition attached. He also recognized a letter dated September 19, 1988 from Kathryn and John Stetson. Jack Pace, Senior Planner, reviewed a change made by the Planning Commission at their meeting of September 8. The property lies east of Macadam Road; 48th Avenue South divides the area. The zoning was changed from R -1 to C -M to correspond with the zoning along the I -5 freeway in the proposed Foster annexa- tion area. Phil Hemenway, 4036 So. 128th, said he has heard that the Sabey Corporation is buying property along South 126th Street. This will change the area to commercial development. This is about 600 feet from his property, yet the Planning Department recommends that his property be zoned R- 1 -7.2. When would anyone pay top dollar for a house located so close to an industry. His property is a good place for industrial buildings. His three residences will make a good buffer from the industry to the north. The Tukwila zoning department has not taken an objective view of his property. He will oppose annexation to the City. Romona Crossen, 13250 40th Ave. So., expressed objection to the R -1 -7.2 zoning on her property. Most of the people along 40th Ave. South have large lots. If they are going to come into Tukwila they want R -1 -12 which compares closer to the County zoning they have now. R -1 -12 would fit our needs better. Linda Walkley, 13023 40th Ave. So., said she is representing a five acre tract located in the northeast corner of South 130th and East Marginal Way. There are 12 homes on this pro- perty, 2 are owner occupied, 1 is falling down, and the other 9 are rentals. There is a real traffic problem here. This is not a safe place to raise children. She asked Council to take a look at this corner and rezone it to Office with cascading zoning. This is a prime piece of property for future development. Joan Poirer, 13405 42nd Ave. So., feels that people do not realize that their area is not a first class residential area -80% of the housing was built before 1940; 40% or more are rental houses and are not saleable on conventional loans; 60 -65% are retired people that are not able to pay the com- mercial property tax on their land. Would it be possible to have a comprehensive zoning of the Riverton and Foster areas for future commercial zoning and let the people have their resident zoning until the property is ready for commercial development in the future. Most of this property is not going to stay residential. TUKWILA CITY COUNCIL, REGULAR MEETING September 19, 1988 Page 3 PUBLIC HEARINGS Cont. Pre annexation zoning comp. plan amendments for Riverton annexation (2nd Public Hearing) (cont.) Albert Palmer, 13223 40th Ave. So., said he is happy with the R -1 -7.2 designation but would agree with R -1 -12. He plans to live there as long as he needs to. Elizabeth Springer, 13325 42nd Ave. So., said she is opposed to the zoning of R- 1 -7.2; there is an area in the center that does not lend itself to developing -there is no access. By zoning this for smaller parcels you do away with the semi rural atmosphere. We want to live a quiet life, and we are being pushed into this annexation process by the thought that King County would zone it all industrial. The wisest posi- tion for Tukwila is to appease those of us who wish to retain some of the greenbelts. The greenbelt along Highway 99 should be retained. The Planning Department has changed this from Residential to C -M. It is being overlooked that Macadam Road is no place for trucks. If the zoning is left residential, the trucks will not come up this far. Donna Meeker, 13242 48th Ave. So., said she prefers her pro- perty zoned at R -1 -12. Her neighbors would also like the R -1 -12 zoning. She asked if anyone could guarantee her zoning would not change in the future. [She was told that it is a legislative action. Anyone can come to the Council and ask to have it changed.] If they cannot have commercial zoning, they want R -1 -12. Kathy Stetson, 13258 40th Ave. So., reviewed her letter of September 19, 1988. (1) They have no objection to the request for the elimination of the 1/8" metal thickness designation in the CM zone and no objection to making the same change to the zoning code in the CM zone as they did in the M -1 zone with a strong emphasis on the need for enforce- ment of performance standards. (2) They have no objection to the re- evaluation of some of the residential lots and designating some as R -1 -12. (3) To consider zoning Mr. Hemenway's property as anything other than R -1 does not make sense. (4) Regarding the Planning Commission's recommen- dation for a proposed zoning designation change to the area east of Macadam Road from R -1 to Commercial or Light Industry, if the corresponding areas in the Foster annexation area are zoned comparably, then it would not make sense to maintain the R -1 designation in this area. However, some very serious points need to be considered prior to making this change. James Holmes, 3507 So. 130th, pointed to a small portion of property where Metro has its bus shed; it was shown as C -2 and now is shown as R -1. [Jack Pace noted the map is wrong; it should be shown as C -2.] Mr. Holmes said he would like it to be changed back to residential. Bill Scheffler, 4033 So. 128th, said he likes his lovely old house; it was built in 1911. If Council allows commercial to progress along So. 128th, there will be some severe traffic problems where So. 128th enters 40th Ave. South. He is in agreement with the proposed zoning; he is opposed to extend- ing commercial on So. 128th. Allan Ekberg, 4123 So. 130th, said he has been a resident of the neighborhood for 18 years. Over the years there was a decline in the neighborhood, but now there are new people coming in and the neighborhood is improving. He is in favor of R -1 -12 in some areas. TUKWILA CITY COUNCIL, REGULAR MEETING September 19, 1988 Page 4 PUBLIC HEARINGS Cont. Pre annexation zoning comp. plan amendments for Riverton annexation (2nd Public Hearing) (cont.) Steve Kaehler, 13436 48th Pl. So., is concerned about the change in zoning where his house is. The area is proposed to be commercial; since July it was changed from residential to commercial. He would like to have his area remain single family. His residential area is a buffer against the Fostoria Business Park. Council Member Harris asked if Mr. Kaehler would contact his neighbors and get their input on this proposed change. Mr. Hemenway noted that South 128th Street between East Marginal Way South and 42nd Ave. South is not mostly residen- tial as has been claimed; the north side is definitely not residential when you consider the wishes of the people. Bill Scheffler noted there are 98 signatures on the petition he has submitted stating that "We favor the current single family land use designation." It is over stated when it is said that all the people want the change to commercial. Donna Meeker said it looks like a wiser move to change the northern most area to commercial. Joan Poirer discussed the subdivision process and stated that most of the parcels of property in the Valley from 40th to 42nd, would not meet the criteria. Surface water is creating a problem along East Marginal Way when there is a heavy rain. We do not have adequate Water Surface Management Control through there. The back land is almost useless. There are a lot of rules and regulations that people are not aware of. Sharon Bernhart, owns property on both sides of South 126th in the north of the proposed annexation area. They have worked a long time to try and control the traffic that goes through the residential community. They are vacating a por- tion of the street so that traffic will not be able to go straight through their residential area. Ray Vomenici, 4822 So. 138th, said he is part of the Foster annexation. He will be going door to door in the property adjacent to I -5 at 48th Ave. South and will notify Council of the wishes of the people in that area. Elizabeth Springer explained that the area between Macadam Road and the freeway, from 48th Ave. South to South 144th, is very small. These people don't understand that if the zoning changes, they will be paying higher taxes even though it is used for single family housing. This is the same with the property between 40th, 42nd and the highway. We will be assessed at the R -1 -7.2 rate by King County. Council should look at this property and see if it is even possible to plat it There being no further comments, Mayor Van Dusen closed the Public Hearing. Rick Beeler, Planning Director, suggested that this item be sent forward to the next Committee of the Whole Meeting. They will prepare a list of the land use issues that have been raised during the two hearings. Council can then give the directive for preparation of the ordinance to come back to the next Regular Meeting. MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT THIS ITEM BE ON THE AGENDA FOR THE NEXT COMMITTEE OF THE WHOLE MEETING FOR DISCUSSION. MOTION CARRIED. o /V7 TUKWILA CITY COUNCIL, REGULAR MEETING September 19, 1988 Page 5 RECESS 8:50 9:08 p.m. PUBLIC HEARINGS 1989 Community Development Block Grant Fund Program NEW BUSINESS Final approval of Gateway Corporate Center Subdivision Ordinance #1477 Adopting zoning regulations and zoning map to provide for an area of 29 acres located south of So. 178th St. subject to annexation (Schneider) Ordinance #1478 Amending 1988 Budget to provide for Sea -Tac annexation study; pur- chase property and building Council recessed for 15 minutes. Meeting was called back to order with Council members present as previously reported. Mayor Van Dusen opened the Public Hearing to receive citizen input on the City's use of the 1989 CDBG funds in the amount of $31,531. There were no comments on the use of the 1989 Block Grant funds so Mayor Van Dusen closed the Public Hearing. MOVED BY MORIWAKI, SECONDED BY STOKNES, THAT THE MAYOR BE AUTHORIZED TO SUBMIT APPLICATION FOR THE USE OF THE 1989 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND IF THE FUND BALANCE CHANGES, THE FUNDING FOR THE PROGRAMS WILL BE ADJUSTED TO MATCH THE PERCENTAGE ALLOWED.* MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, THAT HOUSING AND REPAIR LOANS BE INCREASED TO $5,000 AND AFFORDABLE MONTHLY PAYMENT LOAN PROGRAM BE CHANGED TO $1,250. MOTION CARRIED. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY STOKNES, THAT COUNCIL APPROVE THE GATEWAY CORPORATE CENTER SUBDIVISION FINAL PLAT. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY STOKNES, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Colgrove read an ordinance of the City of Tukwila, Wash., enacted pursuant to RCW 35A.14.330, adopting zoning regulations and adopting a zoning map to provide for an area of approximately 29 acres located south of South 178th Street and east of I -5 and providing that said area shall become subject to said zoning regulations upon annexa- tion to the City of Tukwila. MOVED BY HARRIS, SECONDED BY ROBERTSON, THAT ORDINANCE NO. 1477 BE ADOPTED AS READ.* Rick Beeler, Planning Director, explained that this ordinance adopts the Planning Commission's recommendation. Basically, the zoning will be low density residential and R -A. It will be the King County zoning as it exists now or the closest Tukwila zoning. *MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Colgrove read an ordinance of the City of Tukwila, Washington, amending the 1988 budget, adopted by Ordinance No. 1451 to appropriate unanticipated sales tax revenues; make budget transfers; provide for Sea -Tac annexa- tion study; purchase property and building; and establishing an effective date. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1478 BE ADOPTED AS READ. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING September 19, 1988 Page 6 NEW BUSINESS Authorize preparation MOVED BY HARRIS, SECONDED BY DUFFIE, THAT COUNCIL AUTHORIZE of landscape drain- PREPARATION OF LANDSCAPE AND DRAINAGE PLAN IMPROVEMENTS AT age plan improvements CITY HALL. MOTION CARRIED. Authorize Mayor to Tukwila has been awarded a $20,000 grant for waste reduction sign King County and recycling. The grant requires an agreement to be signed Waste Reduction/ by Mayor Van Dusen and King County Executive Tim Hill. The Recycling Matching funds are stated to be used to develop recycling programs. Grant Program Agreement Council Member Robertson expressed concern that the contract is one sided; the County has complete control. We are com- mitted to a three year program, the second two of which are open -ended to cost. The contract says the county may ter- minate the agreement but it doesn't state that the City may terminate it at all. Authorize the Mayor to execute profes- sional sys. agreement for Surface Water Mgmt. study Meeting with King Co. staff on Fire District #1 annexation MOVED BY DUFFIE, SECONDED BY MORIWAKI, TO AUTHORIZE THE MAYOR TO EXECUTE THE KING COUNTY WASTE REDUCTION /RECYCLING MATCHING GRANT PROGRAM AGREEMENT.* Council Member Robertson said he is going to vote against the motion because the contract is one -sided and open- ended. *MOTION CARRIED WITH ROBERTSON VOTING NO. ©/4/9 After a discussion he had with Council Member Robertson, Attorney Hard recommended that, on Page 6 of the Scope of Work for the Consultant Agreement on the Surface Water Management Plan Project, Item 1.3 be deleted. This is not a function that the City should contract out; it is a function for the City's SEPA Official. Council agreed to the deletion. MOVED BY ROBERTSON, SECONDED BY STOKNES, THAT THE MAYOR BE AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $50,000 WITH KRAMER CHIN MAYO FOR THE SURFACE WATER MANAGEMENT STUDY. MOTION CARRIED. Ross Earnst, Public Works Director, reported that on September 14, Tukwila staff met with King County Council central staff and representatives of Public Works staff on the Fire District #1 annexation area. Part of the discussion was on the financial loss to the County. The County reviewed expenses they will retain. After considerable discussion an agenda for the next meeting was arrived at. They will discuss (1) revenues and expenditures; (2) County will pre- sent their expenditure base; (3) Process being followed, including timelines; (4) Service area definitions; (5) Pre annexation issues on property to the west. Rick Beeler, Planning Director noted that the County has made it clear the King County Council is reviewing their annexa- tion policy and making some revisions. They are concerned about loss of assessed valuation. Alan Doerschel, Finance Director, distributed a revenue and expenditure report on Fire Distsrict #1 annexation. The largest number is the 16th Ave. Bridge. The figures show that Tukwila will not make money from this annexation. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT COUNCIL DISCUSS THE FIRE DISTRICT NO. 1 ANNEXATION AT THE NEXT COMMITTEE OF THE WHOLE MEETING AND TAKE A CONSENSUS VOTE ON WHETHER OR NOT THE CITY WILL ACCEPT THE NEW BOUNDARIES APPROVED BY THE BOUNDARY REVIEW BOARD. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING September 19, 1988 Page 7 NEW BUSINESS Fire Dist. #1 annex. Council Member Robertson asked staff to be prepared to (cont.) explain the revenues and expenditures. Lawsuit filed by Hazel's Candies Fall Cleanup ADJOURNMENT 11:00 p.m. Attorney Hard reported that Hazel's Candies has filed a lawsuit over a fire they had in their building. The suit has been submitted to the WCIA to handle. Dates set for Fall Cleanup are October 29 through November 6. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. axine'Anderson, City Clerk 01s