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HomeMy WebLinkAbout1988-11-07 Regular MinutesNovember 7, 1988 7:00 P.M. CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS CITIZEN'S COMMENTS Donation to Library Outdoor Burning 7:10 P.M. King Co. representa- tives discuss delay of BRB Hearings on the annexation and incorporation TUKWILA CITY COUNCIL Regular Meeting M I N U T E S Tukwila City Hall Council Chambers Mayor 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 STOKNES; JOAN HERNANDEZ; DENNIS ROBERTSON; CLARENCE MORIWAKI. MOVED BY HARRIS, SECONDED BY STOKNES, THAT COUNCIL MEMBER DUFFIE BE EXCUSED FROM THE MEETING. MOTION CARRIED. JOHN COLGROVE, City Attorney; MAXINE ANDERSON, City Clerk; RICK BEELER, Planning Director; MOIRA BRADSHAW, Associate Planner; RON CAMERON, Senior Engineer; ALAN DOERSCHEL, Finance Director; ROSS EARNST, Public Works Director; JOHN MCFARLAND, City Administrator; JACK PACE, Senior Planner. Wendy Morgan, representing the "Friends of the Tukwila Library," presented a check in the amount of $535.10 to Mayor Van Dusen for the purchase of a typewriter. This machine is to be placed in the Tukwila library for public use. The money is the result of three book sales held by the "Friends." Mayor Van Dusen accepted the check and thanked Miss Morgan for the donation. Scott Nagel asked what the regulations are for outdoor burning. Sunday he was working in his yard when a neighbor started burning leaves. This was annoying to him and he won- dered about safety regulations. Mayor Van Dusen assured Mr. Nagel that burning permits are required and asked him to check with the Fire Department for more details. Council Member Duffie arrived at the meeting. Mayor Van Dusen introduced Tim Ceis, representing King County Council, and Nancy Ousley, representing the Planning and Community Development Division of King County. Ile had invited,�� the Council Meeting to discuss King County Executive Tim Hill's letter to Mayor Van Dusen requesting that Tukwila join King County in recommending that the Boundary Review Board continue its hearing on the City's pro- posed annexations of Riverton, Thorndyke, and Foster and Sea -Tac's proposed incorporation. Ms. Ousley explained that there are a number of unresolved issues they would like to address with the City in an interlocal agreement before the matter goes to the voters. The County is not in the position of putting up road blocks to logical annexations that are consistent with King County Comprehensive Plan Policy. It is the County's responsibility to provide the best information possible to those people who live in unincorporated King County before being annexed to the City of Tukwila or being part of a new city. One of the important matters is that the boundaries are in dispute. The County and other jurisdictions should help determine what the boundaries should be before the BRB is asked to send it on to the voters. She asked Council to join with the County to ask the Boundary Review Board to continue the matter until mutual agreement on the boundary can be achieved and an interlocal agreement could be adopted by both parties. She thanked the Mayor for the opportunity to talk to Council. TUKWILA CITY COUNCIL, REGULAR MEETING November 7, 1988 Page 2 CITIZEN'S COMMENTS Cont. King Co. representa- tives discuss delay of BRB Hearings on the annexation and incorporation (cont.) Council Member Duffie felt that the County has not shown interest until now, why did they wait until now to come to the City. When we tried to contact them they were "not in." County is trying to block the annexations. Ms. Ousley replied that the County would like to support the annexation proposals and the incorporation proposal providing there is a mutual agreement on boundaries and there are important questions answered about who will provide services, respon- sibility for capital improvement projects in the area and other regional policy issues. The prospect for confusion among voters /residents of the area is very great. They hope that a short continuance by the BRB would be supported by the City and by the initiators of the proposals. This would allow all the parties to come to an agreement about boun- daries. This continuance would allow the ballot measures to be available by the April voting date. Council Member Bauch said the laws of the State of Washington are very explicit; they give the people the choice to say what jurisdiction they would like to live in. People have a problem with government now, but if they find government making deals countermanding what they want to do this is not in the best interest of the people. The people decided where they want the boundaries to be when they presented the petition. If the people want an annexation and vote to annex and there are problems there is plenty of time at that point for King County and Tukwila to discuss an interlocal agreement. Council Member Harris said she finds it difficult at this late time for King County to now, all of a sudden, have real compassion for the areas that are asking to annex. Last April it was announced at the BRB meeting that there are three other annexations outstanding. It is very difficult to understand why King County has not kept up with this. It was the same with the Fire District No. 1 annexation proposal; it was known for two years. At the very last minute, the problem over the bridge arose. Why, all of a sudden, is the County Executive coming forward saying we need interlocal agreements. We do not go out and seek annexa- tions, but we do accept petitions submitted by the people. They set the boundaries. This is a delay tactic and does not show good faith on the part of King County. Tim Ceis said King County's concern should not be a surprise to Council. The County Executive has requested a con- tinuance. Their Council is awaiting the response of Tukwila's Council and, pending that response, they will make their determination on what the County's response will be to the BRB on these annexations and the incorporation. They think the process will benefit by the County and Tukwila agreeing to a continuance. It is not the County's intention to block or deny or, in anyway, stop these annexations. There are several issues they would like to resolve. Council Member Hernandez concurred with the previous comments that have been made and very much opposes a continuance at this late date. The determination of the boundary should be left to the BRB. We have spent many hours on these annexa- tion proposals. Council Member Robertson commented that perhaps the citizens won't understand the issues of the boundaries since they are given three choices -King County, incorporation or annexa- tion. These are not many choices. The citizens can easily TUKWILA CITY COUNCIL, REGULAR MEETING November 7, 1988 Page 3 CITIZEN'S COMMENTS Cont. King Co. representa- tives discuss delay of BRB Hearings on the annexation and incorporation (cont.) CONSENT AGENDA Discussed on p.7 understand this. First, a group of citizens in the McMicken area decided they wanted to incorporate because they felt they weren't getting their fair share of County Services. Several citizens who live in the northern area discovered they were in the incorporation boundaries. They felt closer to the City of Tukwila than they did to what may be a new City. In three separate actions, they have asked to annex into Tukwila. this is easy for the citizens to understand. Mr. Ceis said there is no doubt that the citizens are informed and will make an informed decision and there is not intent to prevent the citizens from doing so. The question is to present them with all the information they need to make that decision. Also, the County and Tukwila have the responsibility to ensure that a con- tinuity of services and government controls go along with the annexations and /or incorporations. This is an effort by the County to work with Tukwila to ensure the continuation of services and control. It is in no way meant to prevent the citizens from using their freedom of choice to choose which area they wish to belong to; it is to encourage that. Council Member Robertson explained that he led his area in an annexation to the City. King County did not ask for a continuance nor did they request an interlocal agreement. There was no loss of service; the annexation went very smoothly. Mr. Ceis said all they are asking for is a simple yes or no on continuance. Council Member Moriwaki said that the City has tried, in good faith, to arrive at an interlocal agreement over the Fire District No. 1 annexation but the negotiations have not gone very well. These people in Riverton, Foster, and Thorndyke have petitioned the City of Tukwila for annexation. He would rather leave the deci- sion up to the Boundary Review Board. The people came because they did not want to be part of the incor- poration effort. The people have determined where they want the boundary. This looks like a major delaying tactic, it would put a lot of mistrust in the minds of the people who petitioned and put their faith in Tukwila. We don't want a continuance. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT COUNCIL DENY THE COUNTY'S REQUEST FOR CONTINUANCE OF THE HEARING BEFORE THE BOUNDARY REVIEW BOARD. MOTION CARRIED. a. Approval of Minutes: October 17, 1988 b. Approval of Vouchers Claims Fund Vouchers #36778 #36979 Current Fund 100,995.06 City Street 21,902.01 Arterial Street 32,291.00 Land Acq., Bldg., Dev. 1,132,876.73 Water Fund 29,483.01 Sewer Fund 1,649.88 Water /Sewer Construction 25,386.15 Foster Golf Course 2,721.56 Equipment Rental 3,834.60 Firemen's Pension 51.35 $1,351,191.35 017C TUKWILA CITY COUNCIL, REGULAR MEETING November 7, 1988 Page 4 CONSENT AGENDA Cont. Resolution #1091 (Discussed on p.7) Budget Transfer #88 -10 PUBLIC HEARINGS Annexation of .72 acres located at 13530 53rd Ave. So. (Strander) OLD BUSINESS Ordinance #1483 Annexing property known as the Strander annexation NEW BUSINESS Ordinance #1484 Amending the Comp. Land Use Policy Plan Map for Foster annexation 0 177 c. A resolution of the City Council of the City of Tukwila, Wash., endorsing the South Central School District's Proposition I and II. d. Approve selection of INCA Engineer's and authorize the Mayor to execute a consultant contract for intersection improvements. e. Budget Transfer No. 88 -10 to transfer necessary funds for construction of watermain and roadside improvements under an interlocal agreement with the State Dept. of Transportation. f. Authorize the Mayor to execute river trail easement with private developers for property near the entrance to Fort Dent Park. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Council Member Bauch removed approval of the vouchers. Council Member Harris removed Item C, resolution endorsing the South Central School District's Proposi- tion I and II. *MOTION CARRIED TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS B AND C. Mayor Van Dusen declared the Public Hearing open on annexation of .72 acres located at 13530 53rd Ave. So. as requested by the Stranders. There being no comments on the proposed annexation, the public hearing was closed. MOVED BY HARRIS, 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, Wash., annexing certain real property to the City commonly known as the Strander annexation pursuant to the petition method set forth in RCW Chapter 35A.14, requiring said property to be assessed and taxed at the same rate and basis as other property within said City, adopting a comprehensive land use plan and zoning regu- lations, and fixing the effective date of annexation. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT ORDINANCE NO. 1483 BE ADOPTED AS READ. 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, Wash., enacted pursuant to RCW 35A.14.33O, amending the comprehensive land use policy plan map for the area described lying outside of the City of Tukwila and known as the Foster annexation area. MOVED BY MORIWAKI, SECONDED BY HARRIS, THAT ORDINANCE NO. 1484 BE ADOPTED AS READ.* TUKWILA CITY COUNCIL, REGULAR MEETING November 7, 1988 Page 5 NEW BUSINESS (Cont.) Ordinance #1484 Amending the Comp. Land Use Policy Plan Map for Foster annexation (cont.) Ordinance #1485 Adopting zoning regu- lations and adopting a zoning map to provide for the Foster annexation area Ordinance #1486 Amending the Comp. Land Use Policy Plan Map for the Thorndyke annexation area MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, THAT THE COMPREHENSIVE PLAN FOR AREA 1 (No. of Foster Park, east of I -5 and south of Park and Ride Lot) BE AMENDED TO THE OFFICE DESIGNATION. MOTION CARRIED WITH DUFFIE AND MORIWAKI VOTING NO. *MOTION CARRIED. MOVED BY MORIWAKI, 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 the area commonly known as the Foster annexation area and providing that said area shall become subject to said zoning regulations upon annexa- tion to the City of Tukwila. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT ORDINANCE NO. 1485 BE ADOPTED AS READ.* MOVED BY BAUCH, SECONDED BY STOKNES, THAT THE ZONING ORDINANCE BE AMENDED TO CHANGE AREA 1 TO PROFESSIONAL OFFICE. Council Member Harris commented that she is opposed to this motion if the intention is to do away with cascading zoning. This is a good place for townhouses overlooking the golf course. It is a good place for high quality housing. *MOTION CARRIED WITH HARRIS VOTING NO. Council Member Harris said she voted against this because the people here do not want office use only; they want cascading zoning along with it. Mayor Van Dusen clarified that it will take a public hearing and adoption of an ordinance to amend the zoning code to eliminate cascading zoning. The citizens will have a chance to speak. Council wants to address this for the whole City. *MOTION CARRIED WITH DUFFIE, HARRIS AND STOKNES VOTING NO. MOVED BY MORIWAKI, SECONDED BY HARRIS, 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, amending the Comprehensive Land Use Policy Plan Map for the area described lying outside of the City of Tukwila and known as the Thorndyke annexation area. MOVED BY HARRIS, SECONDED BY MORIWAKI, THAT ORDINANCE NO. 1486 BE ADOPTED AS READ.* Council Member Harris commented that the area west of 51st Ave. So. should not be down zoned. The people living there have had a higher county zoning for years and have paid taxes on that zoning. o/7 TUKWILA CITY COUNCIL, REGULAR MEETING November 7, 1988 Page 6 NEW BUSINESS (Cont.) Ordinance #1486 Amending the Comp. Land Use Policy Plan Map for the Thorndyke annexation area (cont.) Ordinance #1487 Adopting zoning regu- lations and adopting a zoning map for the Thorndyke area Ordinance #1488 Amending the zoning code and providing said amendment shall become effective upon annexation of the Thorndyke area Ordinance #1489 Providing for hazardous substance treatment and /or storage facilities Council Member Moriwaki commented that his concern is the ability of the utilities to serve development along 51st and the ingress egress to that area. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THIS AREA 1 (west of 51st Ave. So. and south of So. 144th) BE RETURNED TO HIGH DENSITY. MOTION FAILED. MOVED BY ROBERTSON, SECONDED BY STOKNES, THAT THE COMPREHENSIVE PLAN MAP DESIGNATION BE AMENDED TO CHANGE AREA 1 -A (east of 51st Ave. So. and So. of So. 144th) FROM OFFICE TO MEDIUM DENSITY. Council Member Harris commented that this area should have a zoning designation high enough so a developer can construct a good development and upgrade the street. Council Member Hernandez preferred to stay with the Planning Commission's recommendation of Office since there is no comment from the property owners. *MOTION FAILED. *MOTION CARRIED WITH HARRIS VOTING NO. MOVED BY MORIWAKI, 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 the area commonly known as the Thorndyke annexation area and providing that said area shall become subject to said zoning regulations upon annexa- tion to the City of Tukwila. MOVED BY MORIWAKI, SECONDED BY STOKNES, THAT ORDINANCE NO. 1487 BE ADOPTED AS READ.* MOVED BY HERNANDEZ, SECONDED BY STOKNES, THAT THE ZONING ON AREA 1 -A BE DESIGNATED P.O. MOTION FAILED. MOVED BY BAUCH, SECONDED BY ROBERTSON, THAT THE ZONING ON AREA 1 -A BE DESIGNATED R -3. MOTION FAILED. *MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Colgrove read an ordinance of the City of Tukwila amending the Tukwila Zoning Code and providing said amendments shall become effective upon annexation to the City of Tukwila of the area known as the Thorndyke annexation area. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT ORDINANCE NO. 1488 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY BAUCH, 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, Wash., providing for hazardous substance treat- ment and /or storage facilities and to provide for the siting thereof. TUKWILA CITY COUNCIL, REGULAR MEETING November 7, 1988 Page 7 NEW BUSINESS (Cont.) Ordinance #1489 (cont.) Approval of Vouchers Resolution #1091 Endorsing the South Central School District's propositions RECESS 9:00 p.m. -9:12 p.m. REPORTS LID #32 EXECUTIVE SESSION 9:32 p.m. -10:05 p.m. MISCELLANEOUS CIP /1989 Budget ADJOURNMENT 10:15 p.m. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT ORDINANCE NO. 1489 BE ADOPTED AS READ. MOTION CARRIED. Council Member Bauch explained he pulled the voucher from the Chamber of Commerce because it was unsigned. There is a problem with the projects; they haven't deli- vered anything to the City. This is just to make Council aware of what is happening. MOVED BY BAUCH, SECONDED BY HERNANDEZ, THAT THE VOUCHERS BE APPROVED AS SUBMITTED. MOTION CARRIED. The Chamber has been invited to the next Committee of the Whole Meeting to answer Council's questions. Council President Harris read the title of the proposed resolution. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT RESOLUTION NO. 1091 BE ADOPTED AS IT APPEARS ON THE CONSENT AGENDA. MOTION CARRIED. The Regular Meeting of the Tukwila City Council was called back to order with all members of the Council present. Ross Earnst, Public Works Director, reported that the repair of the sewer line under the street that had settled was not effective so they have had to revise the work plan. It was decided to install a large pipe across the street and run the sewer line through it; if the line settles, it can be adjusted. They anticipated the project will be completed just before Christmas. The project is running about $75,000 in excess of the total benefit. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT COUNCIL GO INTO EXECUTIVE SESSION. MOTION CARRIED. Executive Session called to discuss labor negotiations for about 20 minutes. Council adjourned the Executive Session and went back into the Regular Meeting. Alan Doerschel, Finance Director, discussed the 1989 -1994 Capital Improvement Program. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. i r c- Gar ,t' Vah Dusen,'Rayor _.:(1t axine'Anderson City Clerk /86