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HomeMy WebLinkAbout1988-03-07 Regular MinutesMarch 7, 1988 7:00 P.M. CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS CITIZEN'S COMMENTS Contributions by Arts Commission CONSENT AGENDA TUKWILA CITY COUNCIL Regular Meeting M I N U T E S o a9 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. JOE H. DUFFIE; EDGAR D. BAUCH; MABEL J. HARRIS, Council President; MARILYN G. STOKNES; JOAN HERNANDEZ; DENNIS L. ROBERTSON; CLARENCE B. MORIWAKI. JOHN COLGROVE, City Attorney; MAXINE ANDERSON, City Clerk; ROSS EARNST, City Engineer; JACK PACE, Senior Planner; DON PERSSON, Acting Police Chief; BYRON SNEVA, Public Works Director. Dennis Hidell, Chairman of the Arts Commission, responded to the Council's request for information on the Arts Commission's recommendation that contributions be made to the Interurban Center for the Arts and to the Renton Civic Theater. The Interurban Center for the Arts is located at Green River Community College. They promote performing and visual arts in South King County. The Renton Civic Theater is new and is bringing contemporary theater to the local residents. The Commission looked at what the contributions would do for the citizens of Tukwila. It would help provide first -rate theater to people who do not want to drive into Seattle. Also, we would join in the larger cultural artistic community of South King County by helping to provide live theater for the citizens of this City. The Commission unani- mously voted to recommend that a contribution of $200 be made to each of these organizations. Councilman Bauch noted that this matter came to Council as a voucher to be approved. This would set major policy that has never been defined and authority that has not been given to the Arts Commission. He said he supports the arts but this policy issue needs to be resolved by the City Council. MOVED BY BAUCH, SECONDED BY HARRIS, THAT THIS ISSUE BE REFERRED TO THE COMMUNITY AFFAIRS AND PARKS COMMISSION AND ASK THAT THE ARTS COMMISSION COME BEFORE THAT COMMITTEE TO TALK ABOUT POLICY. MOTION CARRIED. a. Approval of Vouchers Claims Fund Vouchers #33790 #33964 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 74,495.84 2,122.86 39,052.02 70.64 7,146.30 16,773.91 2,709.82 2,121.90 20,081.21 4,098.27 135.97 $168,808.74 TUKWILA CITY COUNCIL, REGULAR MEETING March 7, 1988 Page 2 CONSENT AGENDA Cont. PUBLIC HEARING LID #32 to provide a gravity sanitary sewer along South center Pkwy. from Minkler Blvd. to Strander Blvd. b. Authorize the Mayor to execute a 3 -year contract with Teamsters Local 763 representing the Public Works Employees according to the attached summary. MOVED BY HARRIS, SECONDED BY STOKNES, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. Mayor Van Dusen declared the Public Hearing open on the pro- posal to provide a gravity sanitary sewer along Southcenter Parkway from Minkler Blvd. to Strander Blvd. by forming LID #32. Max Overstreet, representing the J. C. Penney Co., said that they are opposed to this LID the way it is. They understand that their property has access to the sewer on Minkler Blvd. Ross Earnst, City Engineer, explained the proposal. He said that the existing pump stations should be eliminated. If any sewage spills occur, the City will be fined by the Department of Ecology. There are three pump stations in use at this time Sizzler, Center Place and Real Properties West (Toys R Us). This new gravity line will replace the existing pump stations. The high cost of this proposal is in putting the line in the street. It is believed that the Utility ease- ments are full, but will be investigated further as this is the first choice. Second would be to put it under the sidewalk within the right -of -way where available. The third choice is the street, estimated cost is $334,000. If the line could go under existing sidewalks, the estimated cost is $273,000. A closer cost estimate will be available once the project is engineered. The Mikami family originally asked for a smaller area to be served by this LID, but the City increased the size. There would be a cost savings to the total project by doing it all at once. To do half of it now is less expen- sive for the Mikami's. Don Williams, Fujiki and Associates, explained that the pre- liminary assessment roll is based on the higher cost alter- native because it is not known at this time if there is another alternative. Jim Lema, Washington Appraisal Services, explained that the study was done in two phases. The first was to take a look at the project they intend to build and determine which pro- perties should be included in the assessment roll. The project is from Minkler Blvd. to the Sizzler Restaurant. All of the property on the west side is being served. The area owned by Penneys is large enought•developed and is included in the project. The Bon Marche was excluded because they need all of the area for parking for the existing facility. All other property served by private pump stations will be served by this LID. Next, the properties were analyzed as to their existing zoning, their topography, highest and best use and in what their value is right now and what their value will be once the sewer line is installed. Max Overstreet, J. C. Penney, understood that their assessment is approximately $90,000. It appears to him that out of a total project of $334,000, this is a lot of assessment for the Penney's property. 6036 TUKWILA CITY COUNCIL, REGULAR MEETING March 7, 1988 Page 3 PUBLIC HEARING Cont. LID #32 (cont.) NEW BUSINESS Set Public Hearing on rezone east of 65th Ave. So. Southcenter Blvd. Authorize the Mayor to execute a r/w agreement from Albert Wieland for property along the easterly margin of 47th Ave. So. Council President Harris explained that the only parcels of property that have not previously been assessed are the two Mikami parcels and the J. C. Penney piece. Those being served now are receiving credit for these connections toward their portion of the project. Larry Summerton, Hillman Properties Northwest (Toys R Use and Parkway Square), read a letter he had written to the Council dated March 1, 1988. "It is the conclusion of the property owner that the proposed improvement does not benefit the pro- perty known as Parkway Square, 16600 -16900 Southcenter Parkway. Therefore, the requested assessment totaling $51,790.07 is an unwarranted and inequitable burden upon the property. As the representative for Real Property West, Inc., Hillman Properties Northwest respectfully requests that the City Council of the City of Tukwila does not approve the formation of a local improvement district to extend the existing sewer system." Mr. Summerton informed Council that they have never had a problem with their existing sewer service, and it has been there since 1979. Bob Scofield, representing Mrs. Shimatsu and Mr. Mikami, explained that this is a situation that calls for some compromise to achieve what is best for this particular area. They studied the situation first before they asked the City to form this LID so they could get sewer service to their undeveloped property. They really have no other alternative. The City looked at their request and increased the size of the area. By doing this, the Mikami's have incurred extra costs. They are paying for 42% of the sewer system. The other property owners have to understand that there is a total situation here, but it is not burdensome for anybody. He asked for Council's cooperation in approving this LID. They would like to have their building project under construction by May. Mr. Hainsley, President of Real Properties Northwest, said they haven't been given the chance to have any input on the proposed LID. They haven't had contact from anyone except for the notification in the mail. There being no further comments, Mayor Van Dusen closed the Public Hearing. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THIS ITEM BE SENT FORWARD TO THE COMMITTEE OF THE WHOLE AND HAVE AN ORDINANCE PREPARED FOR THE DISCUSSION. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY BAUCH, THAT THE PUBLIC HEARING BE SET FOR APRIL 4, 1988, ON THE REZONE OF PROPERTY LOCATED EAST OF THE INTERSECTION OF 65TH AVENUE SOUTH AND SOUTHCENTER BLVD. MOTION CARRIED. The property under consideration is located on the "loop- road" off of 42nd Ave. South. MOVED BY ROBERTSON, SECONDED BY STOKNES, THAT THE MAYOR BE AUTHORIZED TO EXECUTE A RIGHT -OF -WAY AGREEMENT FOR PROPERTY LOCATED ALONG THE EASTERLY MARGIN OF 47TH AVENUE SOUTH. MOTION CARRIED. 0'03/ TUKWILA CITY COUNCIL, REGULAR MEETING March 7, 1988 Page 4 NEW BUSINESS Cont. Ordinance #1453 Relating to dangerous dogs RECESS: Ordinance No. 1454 Rezoning certain property located north of 17015 Southcenter Pkwy. from R -1 -7.2 to C -2 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, Wash., amending Chapter 7.04 of the Tukwila Municipal Code, entitled "animals," to add the Dangerous Dog Regulations adopted by the State of Washington and make the animal control provisions consistent with those adopted by King County; and repealing ordinance Nos. 968, 979, and 1157. Council declared a five minute recess. Mayor Van Dusen called the Regular Meeting back to order with all Council Members present. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT ORDINANCE NO. 1453 BE ADOPTED AS READ.* Council Member Duffie explained that this ordinance has been discussed by the Community Affairs Committee. This is a copy of the King County ordinance with a few changes made by the Committee. This ordinance places regulations on vicious ani- mals. He expressed objection to Page 2, Section G. We want to stop dangerous dogs from running the streets. The owners should be held responsible. Council discussed Section G. MOVED BY MORIWAKI, SECONDED BY HARRIS, TO STRIKE THE LAST PARAGRAPH IN SECTION G. MOTION CARRIED. Council Member Bauch protested Section E on Page 11, where it says that the animal control authority shall not sell any animal for the purpose of medical research to a research institute or any other purchasers. The TMC covers the sale of abandoned dogs to research facilities. This was given a lot of publicity before it was adopted by the County Council. He said he does not agree with it, but we don't have a dog pound and all of our animals that are picked up go to the County. *MOTION CARRIED WITH BAUCH VOTING NO. 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, Wash., rezoning certain property located generally immediately north of 17015 Southcenter Pkwy. from R -1 -7.2 (Single Family Residence) to C -2 (Regional Retail Business). MOVED BY HARRIS, SECONDED BY STOKNES THAT ORDINANCE NO. 1454 BE ADOPTED AS READ.* Council Member Bauch asked if the legal description of the property goes only to the toe of the slope. Mr. Beeler said it goes to the toe; there is an attempt to keep everything above the toe in the R -1 zone. Council Member Bauch agreed that Council should continue to do this. He wanted to make sure they are not rezoning any of the hillside. If the Comprehensive Plan doesn't read this way, it needs to be changed. That was the intent of the Council. *MOTION CARRIED. 003 TUKWILA CITY COUNCIL, REGULAR MEETING March 7, 1988 Page 5 NEW BUSINESS Cont. Resolution #1067- MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED Approving an unclassi- RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. fied use permit for mixing and storage of topsoil for Renton Sand and Gravel Proposed Resolution Approving an unclassi- fied use permit for Seattle Rendering Wks. City Attorney Colgrove read a resolution of the City Council of the City of Tukwila, Wash., approving an Unclassified Use Permit for mixing and storage of topsoil for Renton Sand And Gravel, City File No. 87 -2 -UCU. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT RESOLUTION 1067 BE ADOPTED AS READ.* Attorney Colgrove recommended that "and subject to terms and conditions set forth in Appendix A attached hereto" be added to Section 1. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE WORDING OF THE CITY ATTORNEY BE ADDED TO SECTION 1. Rick Beeler, Planning Director, read a letter dated December 3, 1987 from Elva Miller Ross expressing disapproval to granting the permit in view of the fact that the development in question would downgrade the area which is now trying to be improved. The letter is from Stanford, California and identified MS. Ross as an adjacent property owner. Council Member Robertson referred to Item 3 of the Appendix. He was told that the trees are already planted. They are 10 to 12 feet high with 20 feet off center. Council Member Robertson referred to Item 4 and said that AppendixAmust state the height of the fence. MOVED BY ROBERTSON, SECONDED BY MORIWAKI, THAT ITEM 4 BE CHANGED TO READ "EIGHT FOOT OPAQUE FENCING ALONG THE EAST PROPERTY LINE AND ALONG THE WEST SIDE OF THE USE NORTH OF VACATED MONSTER ROAD IS REQUIRED." MOTION CARRIED. Council Member Robertson cited Item 6 and suggested that it should be removed because they have to follow the code anyway. MOVED BY ROBERTSON, SECONDED BY HARRIS, THAT ITEM 6 BE REMOVED. MOTION CARRIED. set forth in *MOTION CARRIED TO ADD /APPENDIX A TO SECTION 1. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Colgrove read a resolution of the City Council of the City of Tukwila, Wash., approving an unclassified use permit for Seattle Rendering Works, Inc., to install an inci- nerator and waste -heat boiler, City File No. 87 -3 -UCU. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Council Member Bauch said Council is derelict in their duties if they don't hold a Public Hearing on this request. The people of Tukwila should have a chance to speak on the con- ditions put on this unclassified use permit to be sure we get performance out of this company. We have given approval in TUKWILA CITY COUNCIL, REGULAR MEETING March 7, 1988 Page 6 NEW BUSINESS Cont. Proposed Resolution Approving an unclassi- fied use permit for Seattle Rendering Wks. REPORTS Sea -Tac Annexation Study the past, and it didn't work. We should not allow any addi- tional work there unless there are iron clad guarantees with a cancellation of the unclassified use permit if it doesn't work. Council Member Robertson asked the attorney if Council were to turn this down, what position is the City in? Attorney Hard explained that it would be a difficult position to pur- sue them for failure to comply with air quality standards when you did not grant them a permit to put in updated tech- nical equipment to take care of the problem. Council Member Robertson asked how the City knows this equip- ment will work. Jack Pace, Planner, said they have had the equipment reviewed by the Air Pollution Control Board and have received their approval. This is the latest and improved method for reducing odors. Council Member Bauch said the City heard this same thing 7 or 8 years ago; this is the latest equipment; you are not going to be able to smell anything. It wasn't a year before the system didn't work. The City should not have to go to Court to close them down when conditions can be put on the permit. Put a time limit on it and if it isn't working, you shut them down. Council Member Harris said they are grandfathered in, and if they are willing to put something in that is going to get rid of the odor, we should let them do it now, not wait to hold a public hearing. Council Member Moriwaki said he would like to see some docu- mentation to prove this equipment works. Mayor Van Dusen said this problem has been going on for at least 15 years, as long as he has been here. If this equip- ment doesn't work, we want to have some very strong authority to fall back on. He offered to put together some conditions that would give him authorization to do something if it doesn't work. We need some real clear statutes that we can fall back on to close the business down if it is necessary. The real problem is that this is a necessary industry, but we cannot ignore the fact that it makes people feel ill. He asked Council to put this forward to the next Committee of the Whole for discussion. We will try to get some answers and draw up some conditions. MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT THIS ITEM BE TABLED TO THE NEXT COMMITTEE OF THE WHOLE. MOTION CARRIED. Rick Beeler, Planning Director, distributed information to Council on the Woodinville Incorporation Study. This may give some insight into what the Boundary Review Board pro- bably is going to include in its scope of study for the Sea -Tac Incorporation. His memorandum gives some idea of what subjects are going to be covered and some of those the City will not be able to use. The purpose of the study is to provide the Sea -Tac residents as well as the City of Tukwila information on annexation. The Boundary Review Board will focus on incorporation. The County has not appropriated the funds, as yet, for the study. The Boundary Review Board pro- cess will take 5 or 6 months. The City does not want to TUKWILA CITY COUNCIL, REGULAR MEETING March 7, 1988 Page 7 REPORTS Sea -Tac Annexation Study (cont.) ADJOURNMENT duplicate information the BRB consultants generate. The BRB staff and the City have the same goal, that is to provide information so the people can make a reasonably intelligent decision by having the facts available. Incorporation does not have to have an EIS, annexation does. This item will be discussed at the Community Affairs Committee next Monday. 10:47 P.M. MOVED BY HARRIS, SECONDED BY STOKNES, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. n'Dusen, Mayor c 1 Maxine Anderson, City Clerk