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HomeMy WebLinkAbout1986-05-19 Regular MinutesMay 19, 1986 7:00 P.M. CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS REPORTS Mayor Council President Duffie CONSENT AGENDA Ordinance #1388 Resolution #1005 Ordinance #1389 TUKWILA CITY COUNCIL Regular Meeting M I N U T E S a. Approval of Minutes: May 5, 1986 b. Approval of Vouchers Claims Fund Vouchers #25858 #26034 Current Fund Golf Course Spec. Rev. City Street Federal Revenue Sharing Land Acq, Bldg, Dev. Water Fund Sewer Fund Water /Sewer Construction Equipment Rental Unemployment Compensation Firemen's Pension 65,566.25 404.63- Exercise 6,788.86 Equipment 83,332.58 4,886.37 601.86 19,185.20 41,792.24 54,823.40 23,145.92 6,628.88 585.70 $307,741.89 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. MABEL J. HARRIS, DORIS E. PHELPS, JOE H. DUFFIE, Council President, CHARLES E. SIMPSON, MARILYN G. STOKNES. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT COUNCILMAN BAUCH BE EXCUSED FROM THE MEETING. JAMES HANEY, City Attorney, MAXINE ANDERSON, City Clerk, BRAD COLLINS, Planning Director, DON MORRISON, City Administrator, BYRON SNEVA, Public Works Director. Mayor Van Dusen read two proclamations; One declaring the week of May 25 -31, 1986 as RAPIDLY GROWING COMPANIES WEEK; The other, proclaiming May 18 -24, 1986, as NATIONAL PUBLIC WORKS WEEK. Joe Duffie, Council President, announced that the request for bids to purchase the surplussed house and garage are adver- tised. Anyone interested in submitting a bid may do so before June at the City Clerk's Office. c. An ordinance of the City of Tukwila annexing certain real property to the City commonly known as the McLees annexa- tion pursuant to the petition method set forth in RCW Chapter 35A.14. d. Authorize the Mayor to sign the Foster Golf Links Concessionaire Agreement Addendum. e. A resolution of the City of Tukwila adopting an Equal Employment Opportunity Policy and committing the City to fair treatment and nondiscrimination in all City policies and operations. f. An ordinance of the City of Tukwila pertaining to the storage and abandonment of refrigeration equipment. g. Accept the Christensen Greenbelt Park, Phase III, Trail Construction Project. MOVED BY DUFFIE, SECONDED BY PHELPS, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1986 Page 2 PUBLIC HEARING Request from Group W Cable to transfer ownership to Tele- communications Appeal of Planning Commission approval of a Conditional Use Permit for a Truck Terminal at So. 134th Pl. 47th Ave. So. for Purolator Courier Don Morrison, City Administrator, explained that Group W Cable, Inc. has been sold to TCI Cablevision of Washington. Under the City's Franchise Ordinance a public hearing is required prior to transfer of the franchise. There are three recommendations before Council: (1) The undergrounding be completed on 55th Ave. So., Interurban Ave. between I -5 and I -405 and 58th Ave. So. from So. 142nd to So. 149th; (2) The City be given non exclusive use of one local access channel on the system and the cable company shall assist the City without charge in preparing and proving the use of a character generated community bulletin board; (3) The holder of the franchise shall be subject to all terms and conditions of the franchise granted by Ordinance No. 1074, 1060 and the one proposed after passage. Mayor Van Dusen declared the Public Hearing open. There being no further comments, Mayor Van Dusen closed the Public Hearing. Gary Hokenson, Washington State General Manager for TCI Cablevision, noted a letter written by Lon Hurd, 3H Cable Communications Consultants concerning the financial ability of TCI with respect to operating cable systems. The issues that have been raised were discussed at last week's Committee of the Whole Meeting and at the Utilities Committee Meeting. Their position is that they will provide service to any area that needs to be served. They will work with the cities that have expressed an interest in community access to find the best way to do it. Attorney Haney said that the letter which was included in the last packet should be made a part of the Public Hearing record. Mayor Van Dusen declared the Public Hearing open on the appeal of the Planning Commission's approval of a Conditional Use Permit for Purolator Courier. The appeal was filed by Lawrence M. Shaw of NorMed Medical Supplies. Attorney Haney explained that this Public Hearing has been continued from May 19, 1986. Council may adopt the findings and conclusions approved by the Planning Commission, change the decision in any way or overturn the decision of the Planning Commission. Lawrence M. Shaw said that the findings generated by the Planning Department and the action taken seem to be in conflict with some of the decisions the Council had made a year ago. This project is behind Far West Paints and across from the Fostoria Park Development. A year ago Council heard an appeal for a Conditional Use Permit. At that time certain conditions were placed on the project. The scope of this new proposal is quite different from the previous one. This is a large facility, a big company and a good company. They have indicated 35 to 60 trucks. They are a national company and represent a large potential operation. He is concerned about the effect this will have on the neighborhood. The reasons for this appeal are: (1) A traffic study has not been done to determine the impact of this facility. Tukwila required NorMed to perform a traffic study for their building. (2) Last spring the City Council did conditionally approve a small truck distribution facility in this area, the scope of the approved facility was much smaller. Additionally, Council imposed a series of conditions on the former faci- lity. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1986 Page 3 PUBLIC HEARING Appeal of Planning Commission approval of a Conditional Use Permit for a Truck Terminal at So. 134th Pl. 47th Ave. So. for Purolator Courier (cont.) 7:55 p.m. (3) NorMed chose to locate their facility in this area based on the Planning Department's assurance that the area would be encouraged to be developed as quality office /warehouse faci- lities. If this decision is upheld a precedent for large truck distribution centers will be established. (4) Purolator is one of the largest trucking companies in the United States providing both overland and air service nationally. This facility is envisioned to become a major hub for the Puget Sound area. Purolator did not feel they could live within the constraints applied under the old application so no constraints were put on them whatsoever. He asked Council to think about what the effect is and consider some constraints, consider what the affect will be on the area and the precedent established. Attorney Haney noted that the Council packet will be Exhibit #1, the site plan, Exhibit #2 and the pictures (photographs) distributed to Council, Exhibit #3. Moira Bradshaw, Planning Department, summarized the proposal. On February 27, 1986, the Planning Commission approved the application of W. Lee Singleton for a truck terminal (Purolator Courier) to be located at So. 134th Street and 47th Ave. South. At that time they accepted Staff's Findings and Conclusions with six conditions. (1) Limit traffic to So. 134th St. north of 47th Ave. So., (2) Exceed landscape code requirements to screen proposed use from surrounding single family areas. (3) Prevent lighting spillover and glare onto adjacent pro- perties. (4) Request Public Works to install street signs prohibiting through truck traffic south of the site and no parking signs along So. 134th Place. (5) The Conditional Use Permit is subject to review at any time. (6) Recommendation to Public Works to prohibit on- street parking on South 134th Street after the street improve- ment is completed. Council Member Morgan arrived at the meeting. Council Member Harris said the City is putting drastic restrictions on this area when all through the business district huge trucks make deliveries all hours of the day and night. We have done nothing to restrict them. We have two large truck terminals off of Interurban Avenue that work day and night, and we have done nothing to restrict them. It is not justice when we restrict a company that is going to have only one truck delivery during the night, and we don't restrict any of the others. This is an area that is ideal for trucks. Councilman Simpson said that sometime ago Council put restrictions on tractor trailers going into this area; it was limited to two axle vehicles. If we let the trucking go in between 11:00 and midnight, the other businesses are going to want to do the same. Brad Collins, Planning Director, said that on Conditional Use Permits, they are looking at each use on site specifically. This is one of the reasons for a Conditional Use Permit. The concern about the midnight delivery was discussed thoroughly TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1986 Page 4 PUBLIC HEARING Appeal of Planning Commission approval of a Conditional Use Permit for a Truck Terminal at So. 134th Pl. 47th Ave. So. for Purolator Courier (cont.) by the Planning Commission. It was their understanding that the operation could not proceed without that delivery. We look at each particular use and operation and site specifi- cally. They don't have to all be exactly the same conditions. Council Member Phelps said her concern is that this is the third trucking type facility in this area. Attorney Haney said the more trucking that goes in there, it becomes more difficult to deny a permit. Council President Duffie said that if we have an ordinance or a policy that says you cannot drive an 18 wheeler down a residential street, we must enforce it. Moira Bradshaw, Planner, said that if someone notifies them of a violation, they will go out and do something. Councilman Simpson said he has no problem with Purolator locating there except for the midnight delivery. If we do allow this, he said he would like to see it monitored closely. Attorney Haney recommended that Council Member Morgan listen to the first part of the tape before entering into discussion. Jim Gayther, 4334 So. 133rd St., noted that in 1977 there were two attempts to put in a trucking terminal in the Fostoria area. At that time there was a lot of concern expressed by the neighbors. He was attempting to talk to one of the people when a truck went by and the conversation was interrupted to the point that you could not be heard. The people adjacent to truck terminals do not even have freedom of speech in their yards. At that time (in 1977) the Washington State Department of Ecology had limits of 50 DB in residential areas and 70 DB in industrial. The amount of DB to interfere with speech in normal tones at three feet is 61 DB, so it was quite excessive. Earlier, an engineering firm made a study and the results were that the noise that would be generated by a truck terminal was far in excess of the 70 DB level. He is concerned about this and is also concerned about the traffic. South 133rd Street is rather soft. When truck traffic passes his property, he can tell if the truck is loaded or not by the vibrations in the ground. Mr. Shaw said if Council affirms the situation, there is a trucking facility closer to the residential area. It is extremely difficult to say no once you have said yes with no conditions. As other facilities move into the area, the whole character of the area begins to change. There will be an understanding that this is an okay area for large trucks. Maybe they only have one a night but there is the potential. What happens if the operation continues to expand? It is very difficult, once you grant a permit, to do anything about it. You are establishing a major precedent -he asked Council to think very carefully about this. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT THE PUBLIC HEARING FOR THE APPEAL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR A TRUCK TERMINAL FACILITY AT SOUTH 134TH PLACE AND 47TH AVENUE SOUTH FOR PUROLATOR COURIER BE SCHEDULED FOR JUNE 2ND AT THE REGULAR MEETING OF THE CITY COUNCIL. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1986 Page 5 OLD BUSINESS Ordinance #1390 Consenting to the transfer of a Cable TV Franchise from Group W Cable, Inc. to TCI Cablevision of Washington Deliberation on Windmark Homes appeal of the Board of Architectural Review Decision MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Haney read an ordinance of the City of Tukwila, Washington, consenting to the transfer of a Cable TV franchise from Group W Cable, Inc., to TCI Cablevision of Washington, Inc., amending Sections 1 and 3 of ordinance No. 1074 of the City to change references therein from "Northwest Cablevision, Inc., DBA Teleprompter Corporation to TCI Cablevision of Washington, Inc., providing that such consent is subject to certain terms and conditions and establishing effective date. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1390 BE APPROVED AS READ INCLUDING THE SUMMARY. MOTION CARRIED. It was noted that Council Member Harris had listened to the Public Hearing tape on the Windmark Homes, Inc. appeal. Attorney Haney noted that the Public Hearing has been closed and Council is in the deliberation period. Lawrence Hard, Attorney retained by the Sunwood Condominium Association, said he was not present at the meeting when this matter was before Council. It was postponed to allow the City to act as mediator. He did attend the meeting where the City acted as mediator. He thought the meeting was reasonably successful. From the Sunwood point of view they had hoped the City would use its ability to help solve a problem that is of concern to everybody. The Sunwood people understand that the lower tract is to be developed; when they bought their property they knew it; they are not here to stop the development of the hillside. They do have major concerns about how it is to be developed. the common road was the topic of discussion at the meeting. What they thought was that City staff indicated they would go back, review this matter and see if they could arrive at a solution to the road problem. He said he was disappointed when Attorney Haney told him it was the City's position that the City could not accept the roadway unless it was constructed to public stan- dards. They already knew this; they thought City staff would give some thought to how the road could be put in a condition so it would serve not only Sunwood but also the Windmark people. They would like it to be dedicated as a public right -of -way. They were hoping staff would come back with some suggestions. As a result of their meeting, he thought things were going to happen and nothing happened. The Sunwood people feel they have been abandoned; they want it as they thought it was originally going to be built. The City now seems to be ignoring this concern. Mayor Van Dusen disagreed. Attorney Hard said they would like to work with the City staff and decide something about the road. If something could be decided, it would help solve the difference of opinion between Sunwood and Windmark. Mayor Van Dusen said tnis is not part of the deliberation. Attorney Hard said Council can approve, disapprove or modify the application on whether or not it meets the B.A.R. criteria. City staff has taken a narrow view of this pro- ject. Council has the power to postpone this again to have the City review this roadway issue. TUKWILA CITY COUNCIL, May 19, 1986 Page 6 OLD BUSINESS Deliberation on Windmark Homes appeal of the Board of Architectural Review Decision (cont.) NEW BUSINESS Approve the North Hill Reservoir excavation plan Resolution #1006 Approving Amendment 1 to the Memorandum of Agreement between Metro Tukwila REGULAR MEETING Attorney Haney explained that Attorney Hard is requesting that the City require, as part of this application, that the road be dedicated for public use. This is not one of the BAR criteria. George Kresovich, representing the applicant, Windmark Homes, commented that the road issue dominated the meeting. They spent a very short time discussing recreational issues. The homeowners were concerned with the private rightsthatWindmark and the Sunwood Homeowners Association would have with regard to the existing recreation facilities. They have expressed willingness to sever the relationship if they can arrive at an agreement so that the homeowners have exclusive right to use their facilities. They are willing to explore a solu- tion, but would not like to see it continue longer. The first application was filed in 1984. It has been a long pro- cess. They would like to have it approved so they can proceed. They are willing to cooperate in coming to a solu- tion, but are not willing to build the road themselves. MOVED BY PHELPS, SECONDED BY SIMPSON, THAT THE PROJECT BE APPROVED BASED ON THE FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS ADOPTED ON FEBRUARY 6, 1986, BY THE PLANNING COMMISSION ACTING AS THE BOARD OF ARCHITECTURAL REVIEW. MOTION CARRIED (4 to 2) WITH DUFFIE AND MORGAN VOTING NO. Byron Sneva, Public Works Director, explained that the exca- vation for the North Hill Reservoir was discussed at the Committee of the Whole Meeting. Concern was raised over the method of the excavation which might include blasting. Since that meeting the specifications have been revised to include a bond for the blasting operator and the conditions under which blasting would occur. They have determined that a risk analysis is necessary to determine the amount of the bond and the amount of insurance coverage to be carried by the general contractor and the blasting expert. They are proposing to retain a consultant in the amount of $8,000 to $11,000. Subject to Council approval, this will be pursued. Mrs. Louise Strander asked Council to review the risk analysis. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE EXCAVATION PLANS BE APPROVED INCLUDING THE RISK ANALYSIS.* Council Member Morgan clarified that construction cannot be started until the analysis has come back to Council. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Haney read a resolution of the City Council of the City of Tukwila, Wash., approving Amendment No. 1 to the Memorandum of Agreement between the Municipality of Metropolitan Seattle and the City of Tukwila regarding Effluent Transfer System Construction and authorizing the Mayor to sign such amendment. MOVED BY HARRIS, SECONDED BY SIMPSON, THAT RESOLUTION NO. 1006 BE ADOPTED AS READ. MOTION CARRIED. -25 TUKWILA CITY COUNCIL, REGULAR MEETING May 19, 1986 Page 7 NEW BUSINESS Ordinance #1391 Amending the 1986 budget to approp. unanti. revenue and to reallocate revenue in golf course special revenue, city street land acquisition MISCELLANEOUS Fire District #1 ADJOURNMENT 9:30 p.m. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Haney read an ordinance of the City of Tukwila, Wash., amending the 1986 budget adopted by ordinance No. 1375 of the City passed by the City Council on December 16, 1985, and readopted per Ordinance No. 1377 on January 13, 1986, to appropriate unanticipated revenues and to reallocate budgeted 1986 revenues in the golf course special revenue; city street, and land acquisition, building and development funds, and to provide golf course, street, and park improvements and establishing and effective date. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT ORDINANCE NO. 1391 BE ADOPTED AS READ. MOTION CARRIED. Councilman Simpson reported that the Mayor will be receiving a letter from the Commissioners of Fire District No. 1 offering to meet with the City. He volunteered he would like to attend the meeting. Mayor Van Dusen said his role is to negotiate all contracts. Councilman Simpson stated he felt the negotiations are going too slow. This is very important for Tukwila. Council Member Morgan noted the contract is a separate issue from annexation. She would like to have a Council Person present at the meeting. Mayor Van Dusen agreed that Councilman Simpson would attend the meeting. MOVED BY DUFFIE, SECONDED BY SIMPSON, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL AD 1 U MOTION CARRIED. `G L an D Mayor Max •ne 'Anderson, City Clerk