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HomeMy WebLinkAbout1988-04-04 Regular MinutesApril 4, 1988 7:00 P.M. CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS APPOINTMENTS Swear in Police Officer Gary Koutouvidis Confirm Mayor's appointment of Tom Keefe to the Position of Fire Chief CONSENT AGENDA PUBLIC HEARINGS Rezone area located east of intersection of 65th Ave. S. Southcenter Blvd. (Schneider) TUKWILA CITY COUNCIL Regular Meeting M I N U T E S Tukwila City Hall Council Chambers In the absence of Mayor Van Dusen, Council President Harris called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE H. DUFFIE; ED BAUCH; MABEL HARRIS, Council President; MARILYN G. STOKNES; JOAN HERNANDEZ; and CLARENCE MORIWAKI. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT COUNCILMEMBER ROBERTSON BE EXCUSED FROM THE MEETING. MOTION CARRIED. JOHN COLGROVE, City Attorney; MAXINE ANDERSON, City Clerk; ROSS EARNST, City Engineer; TOM KEEFE, Acting Fire Chief; DON MORRISON, City Administrator; DON PERSSON, Acting Police Chief; BYRON SNEVA, Public Works Director. As Mayor Pro -Tem, Mrs. Harris issued the oath of office to newly hired Police Officer, Gary Koutouvidis. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT COUNCIL CONCUR WITH THE MAYOR'S APPOINTMENT OF TOM KEEFE TO THE POSITION OF FIRE CHIEF. MOTION CARRIED. Mayor Pro Tem Harris issued the oath of office to Tom Keefe. a. Approval of Minutes: February 16, 1988 March 7, 1988 March 14, 1988 Special Meeting March 21, 1988 b. Approval of Vouchers: Current Fund (000) 51,651.72 City Street (103) 38,733.26 Arterial Street (104) 3,947.95 Fire Equip. Cum. Rsrv. (107) 596.71 Land Acq., Bldg., Dev. (301) -0- Facility Replacement (302) -0- Water Fund (401) 11,997.17 Sewer Fund (402) 502.80 Water /Sewer Construc. (403) 6,095.04 Foster Golf Course (411) 11,228.65 Equipment Rental (501) 133,429.87 Firemen's Pension (611) 195.43 T- .25 8, 379.60 MOVED BY DUFFIE, SECONDED BY STOKNES, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Councilmember Bauch asked to have the vouchers removed. MOTION CARRIED. Mayor Pro Tem Harris declared the Public Hearing open on the request to rezone approximately .62 acres of land located east of the intersection of 65th Avenue South and Southcenter Boulevard from R -1 -7.2 (single family) to P -0 (Professional Office). Cos-1 TUKWILA CITY COUNCIL, REGULAR MEETING April 4, 1988 Page 2 PUBLIC HEARINGS (continued) Mr. Lee Phillips, 6550 Southcenter Boulevard, said he lives adjacent to the subject property and is opposed to the pro- posed zoning request. This residential area has been zoned R -1 since the first zoning ordinance established in Tukwila. This area is a buffer zone between the office building and the single- family homes. Two previous owners have attempted to spot rezone this property to multi family housing. Each time Council rejected their request. This is the second time Mr. Schneider has applied for a rezone to build a commercial office building. The Council rejected his first request, therefore protecting the single- family homes. Mr. Schneider's request is a spot rezone. Mr. Phillips urged the Council to protect their single- family homes and property values. It would have a terrible environmental impact upon the people that live in this area to have an office building built in the middle of this R -1 property. The Phillips fam- ily has lived in Tukwila since 1945 and has been active in the community. They like it here and want to keep living here. He is opposed to a spot rezone. Mr. Phillips said he attended the Planning Commission meeting and was very dis- turbed that the members did not know where the property was located. The Planning staff said this is not a spot rezone but when you allow some other form of zoning in the middle of R -1 Residential, it is a spot rezone. He urged the Council to again reject this rezone and keep this property R -1 resi- dential. Mr. Phillips explained that his home is east of this property and the Henke and Merrick homes are directly north. Mr. Malcom McCloud, attorney, said he is representing John Merrick. He expressed his opinion that the staff's presenta- tion is very inadequate. You cannot tell the location of the property by the way the staff presented it. They did the same thing when they presented it to the Planning Commission. The property under discussion is surrounded by R -1 property. It is inexcusable for a staff member to present a rezone without identifying the area. He pointed out the R -1 prop- erty on the map and noted that it is not identified as such. This was the same map presented to the Planning Commission so they didn't know the location of the R -1 when they ruled on it. There is a street between the subject property and the office building that serves as a buffer zone. There are four homes in the R -1, and now they want to build a business building in the middle. This is an important issue for the Council to consider, and it is not fair to the Council to have such a sloppy presentation. This is clearly a spot rezone. An office building is going to increase traffic and noise, and there will be a lot of dirt generated from the parking lot. These people have been there since 1945 Merrick, Henke, Phillips, Simonds. They have their money invested in these homes. An office building will devalue their property. They shouldn't be disturbed in the enjoyment of their homes. The Council should honor the rulings of their predecessors and preserve this property as residential property. Mrs. Madge Phillips, 6550 Southcenter Boulevard, asked the Council to deny this request to rezone the Schneider prop- erty. This property has changed hands several times and each time the new owner has applied for a rezone. Each previous Council has found that such a change would be spot zoning. Our home is still in the R -1 area. We have a beautiful view of the mountain, handy access to Southcenter, the freeway, the park, the airport; it is a lovely place to live. doss• TUKWILA CITY COUNCIL, REGULAR MEETING April 4, 1988 Page 3 PUBLIC HEARINGS (continued) Mr. Gerald Schneider, 6510 Southcenter Boulevard, said he is the applicant and he purchased this property ten years ago. At that time they were not in the office building business. Referring to the subject property, he said that this is not the most desirable place for single- family residents. Tuk- wila has changed a lot since 1945. At this time, the best use for this property is for an office building. If the R -1 property was rezoned to P -0, the value would increase. It is a perfect place for an office, close to freeways and all the major intersections. Mayor Pro -Tem Harris read, for the record, a letter from Mr. and Mrs. Henke. They are requesting that the City Coun- cil uphold the standards set by their predecessors and not permit spot zoning in Tukwila. Rick Beeler, Planning Director, reviewed the Staff Report. The Planning Commission, at their meeting of January 28, 1988 recommended approval of the rezone request based on the staff's Findings and Conclusions, with the added stipulation that any project that is proposed on this property be brought before the Board of Architectural Review. Mr. Beeler explained that the Comprehensive Plan, the recon- struction of Southcenter Boulevard, and the recent rezoning of the Kato property indicate that this property should be rezoned to Professional Office. Mr. Phillips commented that at the time this proposal went to the Planning Commission there were no structural building plans presented. Mr. McCloud again pointed out how badly the Planning staff has described this. The map does not show that the surround- ing property is designated R -1 and has been for 44 years. This is gross negligence. There being no further comments for or against this proposal, the Public Hearing was closed. Councilmember Bauch explained that this is a misrepresenta- tion of the policy of the City Council. When you have a residential area, you do everything possible to preserve it. If the Merricks, Henkes, Phillips and Simonds families came to the Council and said the noise and congestion is too great and it is not a viable place to live any more, then the Coun- cil would probably unanimously change the zoning. But these families still want to live there and we should make it pos- sible for them to do so. MOVED BY BAUCH, SECONDED BY MORIWAKI, THAT THE COUNCIL NOT APPROVE THE RECOMMENDATION OF THE PLANNING COMMISSION AND DENY THE REZONE. Councilmember Hernandez commented that she is in favor of preserving the residential areas of the City. It is hard to see that this is spot zoning when it is already zoned P -0 next door. When these people decide they want to rezone their property, they will probably find they have quite a good investment in their properties. It is hard to visualize how anybody would want to build a single- family home on this property. This is a hard decision. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING April 4, 1988 Page 4 PUBLIC HEARINGS (continued) Consider amend- ments to the Comprehensive Plan, Zoning Code and Map for the proposed annexation of the Fire District No. 1 area Mayor Pro Tem Harris declared the Public Hearing open. 00.57 Mr. Beeler explained that this is the beginning of the Coun- cil's process in reviewing the annexation. They are required to hold two public hearings on the annexation, including a review of pre- annexation zoning, Comprehensive Plan amend- ments and text amendments. The Planning Commission has held one Public Hearing and has forwarded their recommendation to the Council. He pointed out the area involved. They are proceeding with the process so that it will be ready for the citizens to vote on in November. Before continuing the hearing, Attorney Hard issued an oath to all those wishing to testify. Moira Bradshaw, Associate Planner, gave an overview of the proposed annexation area. She stated the present King County zoning and what it would be on a comparative level under the Tukwila Zoning Code. She also explained the changes in zon- ing that are being proposed. The Planning staff went out into the neighborhoods to talk to the people, explain to them what is going on, and receive feedback on how the people feel about their residential areas. They also had a citizen task force that reviewed existing zoning and discussed what prob- lems there might be. Based on these actions, the staff came up with proposed changes. Part of the problems that surfaced were due to spot zoning done by King County. An example of this is the Union Tank Works, which is in the middle of a residential area and had an Industrial Park Zoning Planning staff gave it an M -2 to allow that use. The Tukwila Comprehensive Plan shows it as low density residential so a Comprehensive Plan amendment is needed to be consistent with present zoning. She explained other areas that are inconsis- tent and the changes being proposed. There is quite a lot of trucking going on in an area to the north truck terminals, truck distribution, truck sales, truck storage. In the Tukwila Zoning Code, truck terminals are allowed only as a Conditional Use in C -M, M -1 and M -2. The recommendation is to make truck terminals a permitted use in M -2. Ms. Bradshaw continued to explain the staff recommendations. The Planning Commission approved everything recommended in the Staff Report except for the additional light industrial and M -1 zoning for the blocks north of 116th and east of 42nd. They postponed three issues for further discussion: 1) additional M -3 zone, 2) zoning for light industrial blocks in Allentown, and 3) the mobile home issue. Ms. Bradshaw distributed Exhibit 8, a letter dated March 29, 1988 from Charles A. Shaw, Staff Counsel, Spider Staging Corporation, concerning sanitary sewage disposal. She also distributed Exhibit 9, a letter dated April 1, 1988 from James A. and Doreen R. Hamilton (12091 44th Place S.), concerning the zoning classification of the piece of property lying along the entire northern boundary of their property. Mr. Robert Macken, attorney representing McConkey Development Company, showed the Council their location Boeing Access Road to the north, City Light right -of -way on the east, the Duwamish River to the south and west. They are asking for M -3 zoning. Basically, the businesses in that area are fam- ily businesses. It is primarily a warehousing -type area. This is an area that depends on heavy trucking sales, dis- tribution and warehousing. The problem is getting these large rigs with trailers in and out. You cannot make a 90- degree turn with these vehicles. It will be even tighter TUKWILA CITY COUNCIL, REGULAR MEETING April 4, 1988 Page 5 PUBLIC HEARINGS (continued) if King County widens the road. If this happens, the truck trailer businesses will go out of business there is no way they could exist. The business character of the area will change. This could reduce the square foot rental fees in the area; over a period of years it would have a great impact. If any of the businesses wanted to do a substantial remodel that would require a building permit, they would face the landscaping requirement. It is not realistic to figure they will not remodel. They need this capacity in the future or will not be able to stay in business. Landscaping has a beautifying effect but in this area it is a safety hazard. These large vehicles need to have good vision. Fifteen feet of landscaping affects the visibility dramatically. Mr. Pete Hedegard, major tenant in the area with Jencor United, explained that because of the landscaping and curb cuts for the building they are in, it is virtually impossible for a 40 -foot truck trailer to turn into their property. If the County widens the road they will be out of business un- less they can get the curb cuts changed. Another factor is the landscaping; the trucks just drive over it because they cannot maneuver around it. Along the buffer there are small trees, but as these grow the truckers will not be able to see to get out of the property. This area is unique enough right now that the landscaping requirement would be contrary to good use of the land. There is very little foot traffic. It makes sense to get the best utilization of the land in the safest manner. It is a burden to the property to require a setback of fifteen feet. Mr. Neal Robblee, of the Six Robblees Truck Parts business located in this area, explained that he has looked at the City's M -2 zoned areas. The main difference is that the fifteen -foot landscaped buffer designates an industrial park environment. Where they are now was developed long before the concept of industrial or business parks came into being. They are stuck with what they have because the ownership of the land is so cut up. This area is already built up and it would tear them up to have an industrial park zone imposed on them. They like to be there. There are five truck parts businesses there and it is a very healthy environment. There are no residential neighborhoods adjacent. All of these businesses access onto a major highway, and this is another thing that makes a landscape buffer impractical for this area. Mr. Robert Macken commented that these people have been there for years. It is the old fashioned American business spirit that is alive in Tukwila. It will be a shame if these people can't continue. They would be very happy to join your City if they can get some of these problems worked out. This area was developed a long time ago; in order to fit into Tukwila and still not have a damaging impact, we would appreciate if we can get some cooperation and make some adjustments to this particular zone. The M -3 zone is the best solution. He thanked the Council for their time and said that if they can't get some amendments to the zoning code, the character of their businesses will eventually change. Mr. Dan Wolf, chairman of the Annexation Task Force, lives at 11821 44th Avenue South. He thanked the City for its effort, time and resources in bringing the annexation process to this point. The Task Force has been meeting weekly since last fall sorting through the annexation issues that pertain to the homeowners, businesses and the industrial community. They are contributing information that will be helpful to the annexation process. Some of the unresolved issues are: TUKWILA CITY COUNCIL, REGULAR MEETING April 4, 1988 Page 6 PUBLIC HEARINGS (continued) RECESS 10:12 p.m. 1) The possibility of M -3 zoning; it is the consensus of the Task Force to recommend this zoning. 2) The Mobile Home or Manufactured Home Code recommendation; he felt that whatever the County allows now, the City should allow. 3) Rezoning the residential lots on 44th Place South that back the Bur- lington Northern property. There is discussion on rezoning this property to M -1 to create a buffer zone to the rest of the residential area. We need to find out how the 20 home- owners would feel about this. If the goes to M -1, it is going to attract traffic and there are only three gates to the area. It doesn't lend itself to multiple use. Mr. Woody Wilkinson is with the firm representing the Boeing Company, Jorgensen Steel and Rhone Poulenc. He has attended every Task Force meeting. It has been a very noble experi- ence. They are located in the north industrial area and represent 80% of the assessed valuation. They have only one voting resident. They were not consulted when the annexation petition was drawn up. The initial reaction was negative. Then, they thought that perhaps Tukwila would approach this more rationally than Seattle did. Perhaps Tukwila would create the opportunity for them to explore the prospect of annexation, to look at the problems and to reach some conclu- sions about what would be best for everyone. The Task Force has done an excellent job of this. He commended the staff that attended their meetings and answered their questions. This annexation is different, it is not like McMicken Heights. This is an annexation that has areas and functions that are significantly different than those found in Tukwila today. We are big and complicated and have enormous invest- ments in what we do. The EIS really points this out. We have a pretty well- defined set of needs and do not expect to create a huge drain on the City. We have participated, gone through the process, and basically recommend all of the zon- ing recommendations that are included in the report coming from the Task Force. We support the idea of creating a zone specific for the Trucking Triangle. Mr. Don Elfstrom, 8104 N.E. 121st, speaking for his father, said they own property at the north end of Allentown which the Planning Commission recommended be zoned to M -1. This would make a good transition zone. His father has owned this property for the past 22 years. There are several old houses in there. With Burlington Northern there you can actually feel the buildings shake. In the past five years, they have torn down one four -plex and are looking at three others. They cannot get enough rent money. He recommended the Coun- cil agree with the Planning Commission. There being no further testimony, the Public Hearing was closed. The Council declared a recess. All members previously pres- ent returned to the Council table and the meeting continued. Councilmember Bauch urged the Council to go along with him and agree that the zoning will be a direct conversion and not a rezone on any property. We have had people before who wanted to use the annexation as a lever to get a rezone when the County had already refused their request. Our in- structions to the Planning Commission and Planning staff was to look, as near as possible, to a direct conversion and not any rezone. He said he hoped they would stick to those in- structions. Councilmember Harris commented that during the McMicken annexation some properties were downzoned. oos y TUKWILA CITY COUNCIL, REGULAR MEETING April 4, 1988 Page 7 OLD BUSINESS Authorize the Mayor to sign the 1989 CDBG allocation form NEW BUSINESS Resolution #1072 authorizing the Mayor and Council to participate in carrying out the work plan of the Human Services Roundtable Budget Motion 88 -02, to appro- priate $50,000 to help fund 2nd phase of feasi- bility study for S. King County Commuter Demon- stration Project Resolution #1073 honoring Byron G. Sneva, Public Works Director, in his retirement Voucher Approval Do 4a MOVED BY DUFFIE, SECONDED BY STOKNES, THAT THE MAYOR BE AUTHORIZED TO SIGN THE 1989 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FORM. Councilmember Bauch explained that the Community Affairs Committee discussed this item and recommended that $3,750 be allocated to public (human) service activities and $5,000 to planning and administration activities. The City would like the residents to be able to participate in King County's housing repair program, so $1,250 will be allocated to the Housing Repair loan funds and $5,000 to the AMPL program loan fund. According to the agreement, all remaining funds, approximately $10,000, shall be used for City projects. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY BAUCH, THAT THE PROPOSED RESO- LUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read, "A resolution of the City Council of the City of Tukwila, Washington, authorizing the Mayor and City Council to participate with other local municipal juris- dictions and United Way in carrying out the work plan of the Human Services Roundtable MOVED BY DUFFIE, SECONDED BY STOKNES,THAT RESOLUTION NO. 1072 BE ADOPTED AS READ. MOTION CARRIED. Councilmembers Moriwaki and Stoknes expressed interest in serving as a Roundtable member. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT BUDGET TRANSFER MOTION NO. 88 -02 BE APPROVED TO APPROPRIATE $50,000 TO HELP FUND THE SECOND PHASE OF A FEASIBILITY STUDY FOR THE SOUTH KING COUNTY COMMUTER DEMONSTRATION PROJECT. (Money will be transferred from Arterial Street, ending fund balance.) MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY STOKNES, THAT THE PROPOSED RESO- LUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Hard read, "A Resolution of the City Council of the City of Tukwila, Washington, honoring Byron G. Sneva, Public Works Director, in his retirement MOVED BY MORIWAKI, SECONDED BY HERNANDEZ, THAT RESOLUTION NO. 1073 BE ADOPTED AS READ. "City of Tukwila, Public Works Director" is additional word- ing to be added to the plaque placed on the bridge. MOTION CARRIED AS AMENDED. Councilmember Bauch noted that there is a voucher from equip- ment rental for the purchase of 3 mobile radios in the amount of $2,355. At the time of purchase of the cars there was no mention of radios. These are cars for the Mayor, Building Inspector and Planning staff. He will recommend approval of this voucher,but in the future they will be rejected if radios have not been specifically requested. TUKWILA CITY COUNCIL, REGULAR MEETING April 4, 1988 Page 8 NEW BUSINESS (continued REPORTS Leash Law Councilmember Duffie reported that dogs are running on the school grounds and the leash law should be strongly enforced. Resignation, Don Don Morrison, City Administrator, presented a letter of Morrison, City resignation to the Council. Four years ago when he was Administrator hired, he became Tukwila's first professional administrator. He has agreed to continue work on the risk management and Tukwila 2000 projects on a consulting basis. His last day on the job will be May 6, 1988. This opportunity to serve the City has been a challenging and rewarding experience. Tuk- wila is a unique little city with a great potential. It was with regret that he resigned his position. ADJOURNMENT (C/RM.4- 4.1 -4) MOVED BY BAUCH, SECONDED BY STOKNES, THAT THE VOUCHERS BE APPROVED FOR PAYMENT. MOTION CARRIED. Mayor Pro Tem Harris said that it has been an asset having Mr. Morrison as the first City Administrator and it was with regret that she accepted his resignation. She wished him good luck in his future endeavors. 11:00 p.m. MOVED BY DUFFIE, SECONDED BY STOKNES, THAT THE REGULAR MEET- ING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Maxine Anderson, City Clerk coGi