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HomeMy WebLinkAbout1988-03-14 Special MinutesMarch 14, 1988 7:00 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS PRESENT Ord. #1455 Ordering improvement of prop. along portions of SC Pkwy, by install- ing sanitary sewer trunk lines estab. LID #32. ao 3� TUKWILA CITY COUNCIL Tukwila City Hall SPECIAL MEETING Council Chambers M I N U T E S Mayor Van Dusen called the Special Meeting of the Tukwila City Council to order. MABEL J. HARRIS (COUNCIL PRESIDENT), JOE H. DUFFIE, EDGAR D. BAUCH, MARILYN G. STOKNES, JOAN HERNANDEZ, DENNIS L. ROBERTSON, CLARENCE B. MORIWAKI. Ross Earnst (City Engineer), John Cosgrove (City Attorney), Larry Hard (City Attorney), Don Morrison (City Administrator), Don Persson (Acting Police Chief), Byron Sneva (Public Works Director). MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney John Cosgrove read an ordinance of the City of Tukwila, Washington, ordering the construction of a sanitary sewer main in accordance with City standards within an area along Southcenter Parkway, within the City of Tukwila boundary, and establishing Local Improvement District No. 32; providing that payment for said improve- ment be by special assessments on property in said district payable by the mode of "Payment By Bonds and providing for the issuance and sale of Local Improvement District bonds by title only. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT ORDINANCE #1455 BE ADOPTED AS READ. City Attorney John Cosgrove stated Exhibit A of the ordinance is a legal description and map of the area affected by the LID. Kathy Fenham, 16876 Southcenter Parkway, stated the cost of these improvements is being passed from the property owners to the retail merchants. The retail merchants will have to stand the entire cost of the improvement. The area is already burdened with traffic. With construction there will really be a problem and added burden. This will have a negative effect on business; customers will not be able to get into the businesses. Nick Smith, representing Programs Plus, stated it is his understanding there should be a road from east /west through the Bon warehouse. It seems construction should be coordinated. The impact during construction will be on the business places. Rebecca Strand, representing CCF Management, stated it has been hard to hear of the meetings that are held at City Hall. The notices are received late. The cost of this improvement will affect the tenants; the cost will be passed through to them and they should protest. She thought the cost of this improvement should be borne by the developers of the area. Larry Summers, representing Toys R Us, said they have had a chance to inform their customers of the cost that will be passed on to them. Hestated he did not fully understand the allocation of the cost in relation to the 60% rule. It appears that 42% of the LID cost is for the undeveloped property. It seems there is no power to vote down the development. He felt strongly that the undeveloped land should bear the cost of the project. Don Williams, consultant, said the proposal is to bring the sewer from the street up to the buildings. Lift stations have previously been used. Councilmember Hernandez asked if there was any way construction could come through the back so the entrances will not be affected? Don Williams, consultant, said they would try to minimize disruption of business and traffic. He said the Bon has been excluded because their land cannot be developed because the parking spaces are required for their business. 'UKWILA CITY COUNCIL SPECIAL MEETING larch 14, 1988 'age 2 )rd. #1455 estab. .ID #32 contd. (2,037 Ross Earnst, City Engineer, said with respect to running the sewer up the driveways, the City is not going to run them across the streets, they will be undergrounded. It will miss the driveways. There will be construction but traffic will be able to get out of the driveways. Councilmember Robertson asked about the cost for #5 and 6 if they used a pump station. Don Williams, consultant, said they would have to build a pump station, it would cost about $50,000, and it is doubtful it would be allowed. The total cost would depend on how they developed. Councilmember Stoknes asked what options the Mikami's would have other than the LID? Ross Earnst, City Engineer, stated the City will not authorize another lift station. Councilmember Robertson asked what choice they would have if the City turns down the LID? Mr. Earnst, City Engineer, said they would have to stand the cost of the improvement and anyone connecting at a future date would have to pay them. Councilmember Moriwaki stated it was his understanding there were failures of some lift stations. Ross Earnst, City Engineer, said if the power goes off it shuts down the lift stations. The repairs are costly. The lift stations should not have been permitted and we are now trying to make up for what has been done wrong. The assessments to those with lift stations is less than those without them. Councilmember Stoknes asked about the period of construction. Mr. Williams, consultant, said an estimate would be a week and lesser construction for a month. Councilmember Bauch said he would like to speak in favor of the ordinance. It has been pointed out that the people requesting the development would be charged less than if they participated in this LID. It is costing them money to extend the sewer line north to pick up the lift stations. The lift stations do not have standby. Failure could cause pollution and they could be shut down due to sewer failure. Most of the City is on a system so if the line fails it will flow in the other direction. The City should get rid of the lift stations and this is a good way to do it. Don Williams, consultant, said if each individual puts in their sewer system it would cost much more; doing it together they would have a broader base for distribution. Councilmember Duffie asked for the life of a lift station. Ross Earnst, City Engineer, said well maintained it would last 30 50 years but money would have to be spent to maintain it. Byron Sneva, Public Works Director, said the lift stations would not be allowed to be built today. The requirement would be a secondary power and a second pump. The Clean Water Act requires there be a secondary power and pump system. The City wants them out so they will not be a risk. Patrick Sweeney, representing Waterbeds, said he just became aware of the meeting about one hour ago. Councilmember Moriwaki stated the owners of the property were notified and most of them have not protested. Councilmember Bauch said after the ordinance passes there is still 30 days to receive protests. Larry Hard, City Attorney, said if 60% or more of the property owners protest the City Council can override the protest. The owners, not the tenants, would have to protest. When the owners are told of the assessment they pay they can come in and ask for an adjustment. Bob Scoffield, legal representative for the Mikami's, said they did not want to feel they were taking advantage of others. They have TUKWILA CITY COUNCIL SPECIAL MEETING larch 14, 1988 Page 3 Ord. #1455 estab. LID #32 contd. Res. #1068 Approv- ing an Unclassified Use Permit for Seattle Rendering Works, Inc. to install an incin- erator waste heat boiler. *MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. The City Attorney read a resolution of the City Council of the City of Tukwila, Washington, approving an Unclassified Use Permit for Seattle Rendering Works, Inc., to install an incinerator and waste -heat boiler by title only. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE APPROVED AS READ. Mayor Van Dusen stated the City will require tests if there are complaints. 0 035 owned the property for over fifty years. In 1978 there was an ordinance for storm sewers and properties were assessed. They said it would be a hardship on them as farmers but they came in and paid it when they did not have to. Today they ask that one piece be developed. They want some utilities. It will cost about $40,000 more than if the smaller ordinance had been done. These people are outstanding citizens. Dennis Cochran, representing Parkway Sqare, asked for the time table: Byron Sneva, Public Works Director, said the construction should take place this summer so the sewer is in by September. Council PResident Harris said if property owners change they will have to pay the assessment to hook into the sewer. This would apply to the Bon parking lot if it is every used for anything else, although they have to have that many parking spaces for the building. Councilmember Moriwaki stated he has requested documentation as to how the incinerator and waste -heat boiler will accomplish the end result. Barry Briggs, attorney for the applicant, stated the Spencer Boiler Company is the manufacturer of the incinerator. Mr. Frank Reed, applicant, stated these systems are recommended by the pollution control. They have been consultants for similar control devices. He stated he had a copy of a test report that was conducted by the Air Pollution Control District of Los Angeles. In order to test for odors a sample is taken into a room and the judgments are entered by the Control District. The systems are tested periodically. The system has been used successfully for a long time. Councilmember Duffie stated he was in favor of this system and the City should allow the applicant to install the system. However, if it does not work in 30 days the plant should be closed. The City has had a lot of trouble with the problem of odors coming from the rendering works. Mr. Reed, applicant, said odors are removed and the air is cleaned by incineration. Council President Harris stated Section 2 of the resolution stated the system will be fully installed and operational no later than June 1, 1988. Mr. Reed said they would be able to meet that schedule. City Attorney Cosgrove said the City could require the tests according to citations by air pollution control. Citizens can call air pollution. They will come out and make a determination on the air pollution. Councilmember Moriwaki stated the resolution as written gives the applicant up to four months to do something about the air pollution. He would like something with more bite to it. Councilmember Robertson said in looking at Section 6, why the date of September 1, 1988? TUKWILA CITY COUNCIL SPECIAL MEETING March 14, 1988 Page 4 Res. #1068 approv- ing an Unclassified Use Permit for Seattle Rendering Works, Inc. to install an incin- erator waste heat boiler.- cont. RECESS 9:05 9:12 P.M. ADJOURNMENT 9:25 P.M. oa3/ City Attorney Cosgrove said the applicant Nanted three complaints per month. The summer months are months in which the odor is most apparent. If they get through the summer without odors it will likely work. The limit of the penalty is the revoking of the unclassified permit. If they do not have a permit they will have to shut down. If it is revoked that would remove the system. Mr. Briggs, attorney for the applicant, stated the reason September 1 was put in is because the odor is worse in summer. If it is working there should not be any complaints. Someone from the Los Angeles office will be here immediately to determine the cause if the odors are not taken care of. If the cause cannot be determined an outside engineering firm will be consulted. Complaints will not be ignored at any time. MOVED BY ROBERTSON, SECONDED BY MORIWAKI, TO AMEND THE RESOLUTION AND STATE IN SECTION 6, THIRD LINE, RATHER THAN "PRIOR TO SEPTEMBER 1, 1988" IT STATE "IN ANY NINETY DAY PERIOD." MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY MORIWAKI, TO AMEND LINE 10 OF SECTION 6 BY INSERTING THE WORDS "OR FAILURE TO IMPLEMENT THE REMEDY WITHIN SIXTY DAYS" BETWEEN WORDS "COMPANY" AND "SHALL." MOTION CARRIED. City Attorney Cosgrove stated in Section 6, second paragraph, second line, it should read "the problem and determined an effective remedy, Applicant will have an additional ninety Mayor Van Dusen stated the company should perform with an independent testing laboratory and provide the documentation to the City. MOVED BY BAUCH, SECONDED BY ROBERTSON, THAT THE COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. The Special Meeting was called back to order with Councilmembers present as previously listed. Larry Hard, City Attorney, stated he has reworded Section 2 of the resolution. It should read: Section 2. Installation and Testing. The system that is the subject matter of this application will be fully installed and operational no later than June 1, 1988. Within sixty (60) days of installation of the system subject to this permit, applicant shall provide the City with written certification from an independent testing agency approved by the City that the operation of the system meets or exceeds standards as promulated by the Puget Sound Air Pollution Control Agency for odor units; provided, that if there are no such local standards for odor units, the system meets or exceeds standards for odor units as promulated by the United States Environmental Protection Agency or the standards for odor units of the California South Coast Air Management District as attached to this resolution. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE AMENDED AND THE SECTION 2 TITLE AND WORDING BE AS PROPOSED BY THE CITY ATTORNEY. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE SPECIAL MEETING ADJOURN. MOTION CARRIED. Gar :j V'n D'usen, Mayor Norma Booher, Recording Secretary