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HomeMy WebLinkAbout1977-12-19 Regular MinutesDecember 19, 1977 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL PUBLIC HEARINGS Rezone Request from Unclassified to C -2, 13453 Interurban Ave. H. Gjerde Appeal decision of Planning Commission for Conditional Use Permit to Selland Auto Transport Mayor Bauch, presiding, led the Pledge of Allegiance and called the regular meeting of the Tukwila City Council to order. LIONEL C. BOHRER, DWIGHT R. GARDNER, GEORGE D. HILL, Council President, PHYLLIS D. PESICKA, DANIEL J. SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN. KJELL STOKNES, OCD Director; LAWRENCE HARD, City Attorney; JOHN MCFARLAND, Administrative Assistant; MAXINE ANDERSON, City Clerk; MABEL J. HARRIS, City Treasurer. MOVED BY HILL, SECONDED BY PESICKA, THAT THEMINUTES OF THE REGULAR MEETING OF DECEMBER 5, 1977, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. Current Fund Street Fund Fed. Shared Revenue City Hall Construction Water Fund Sewer Fund MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING M I N U T E S Tukwila City Hall Council Chambers Vouchers No. 4502 4663 4502 4608 4609 4626 4627 4628 4629 4632 4633 4647 4648 4663 34,480.72 7,746.12 2,468.90 61,819.28 3,097.62 10,059.19 $119,671.83 201 Councilman Traynor noted Voucher No. 4593 and wondered if the glasses purchased were sunglasses as the invoice did not say. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT VOUCHER NO. 4593 BE EXCLUDED FROM THE BILLS. MOTION CARRIED WITH HILL VOTING NO. Mayor Bauch declared the Public Hearing open on a rezone request made by Mrs. Hazel Gjerde. The request is to change the zoning from unclassified to C -2 on the property located at the Northwest corner of intersection of 52nd Avenue South and Interurban Avenue. Kjell Stoknes, OCD Director, explained that the owner annexed the subject parcel to Tukwila in late 1975. Upon annexation, a parcel of land is assumed as R -1 -7200 until specifically classified. The owner has now applied for the C -2 classification. The Planning Commission considered this and recommended approval. Mr. Stanley Erickson, 1613 z 10th Street West, Kirkland, representing the applicant, spoke in support of the rezone request. The property lies along Interurban and is Commercial property. There being no further comment on the rezone request, Mayor Bauch declared the Public Hearing closed. This being the time and date advertised for a Public Hearing on the denial of a Conditional Use Permit applied for by Selland Auto Transport Mayor Bauch declared the Public Hearing open. He explained that each speaker will be limited to five minutes. Kjell Stoknes, OCD Director, explained that the Planning Commission considered this application on November 17. The property is located west of Interurban Avenue, east of 43rd Avenue and north of 135th. The conflict is over the interpretation of "Truck Terminal." Staff determined that the principal function being overnight storage and daily dispatchment and collection of trucks constitutes a truck terminal. The Planning Commission agreed and also considered the limitations placed on the property by Ordinance No. 743. They voted to deny the application for the Conditional Use Permit. Therefore, the applicant is appealing this decision to the Council. TUKWILA CITY COUNCIL REGULAR MEETING December 19, 1977 Page 2 PUBLIC HEARINGS Cont. Appeal decision of Planning Commission for Conditional Use Permit to Selland Auto Transport 20/ 7 Mayor Bauch asked if anyone wished to speak "for" the request. There being no comment, he asked if anyone wished to speak "against" the request. Mr. Elray Simon, 4625 South 134th, explained that his street would be the access road to the property in question. This is a unique problem. The area has narrow roads and there is already one truck terminal there. Adding more trucks certainly does not alleviate the safety problem in the area. In 1972, a detailed drawing of a proposed development was submitted to the City. To date, nothing like this has been started; the only thing proposed has been truck terminals. Ordinance No. 743 was designed to protect the residents in that area. Mrs. Joan Poirier, 13405 42nd Ave. South, commented that there are over 16 acres in this subdivision. Ituas planned as an Industrial Park with office /warehouse type of development. The plans for this fell through. It is zoned Industrial but the plan was Commercial /Industrial. The property has reverted back to the original owners. If a truck terminal is allowed then the door is open for more of the same. There would be no setbacks, no landscaping, no sound barriers, and would create a problem for the surrounding residents. Mrs. Poirier asked if it is possible to deny the request and rezone the property to Commercial /Industrial. A planned development would mean more revenue to the City and be more pleasing to the surrounding area. Mr. Herb Karlson, 46nd Avenue, stated that the drainage system in the area is not working properly. There is water constantly across the road. There are constantly trucks from West Coast on the road. This property is zoned Light Industrial but the request does not fit this zoning. Mr. Karlson asked who polices developments once they are started? What assurance do the neighbors have that plans will be followed? There is a real problem with traffic there now during the rush hour. He stated that he did not think it was the proper place for Mr. Selland's development because it is not zoned for this. Mr. Robert Borden, 4319 South 135th, expressed a more technical point of view, sighting the law governing appeal procedures. Mayor Bauch pointed out that Council is not here to discuss the letter of the law but to give everyone, feeling aggrieved by a city action, a fair hearing. Mr. Robert Storseth, Realtor, and Mr. Richard Selland, applicant, arrived at this point in the meeting. Mr. Storseth introducted Mr. Selland who he felt could best answer the questions. Mr. Selland stated that he would be happy to answer any questions. Councilman Pesicka asked if the proposed business will put additional truck traffic on the roads? Mr. Selland stated that the additional traffic will be minimal, probably ten trucks a day maximum. Councilman Traynor asked what the proposed business is? Mr. Selland said the basic operation there would be an office facility, maintenance facility and also truck parking. Councilman Traynor asked if items are being transfered from one truck to another,and Mr. Selland said maybe two truckloads a week. Councilman Traynor asked if the trucks are being parked in the City now and was told no. Council Saul asked what hours the maintenance shop is open and what type of work does it encompass? Mr. Selland said it would normally be between eight and five. It could vary some evenings up until 10:00 p.m. but this would be rare. It will be all types of maintenance and repair to the vehicles. TUKWILA CITY COUNCIL REGULAR MEETING December 19, 1977 Page 3 PUBLIC HEARINGS Cont. Appeal decision of Planning Commission for Conditional Use Permit to Selland Auto Transport Cont. *Amended Minutes of Jan. 3, 1978 Regular Meeting 20/ Councilman Bohrer asked if the repairs involved major overhauls and was told it did but this is done usually between the hours of eight and six. He asked about the operations done outside the normal work hours. Mr. Selland said this would amount to a night lay -over of trucks. He stated that right now they have twelve trucks on the road and three trucks in the yard. Councilman Van Dusen asked for a brief description of the type of trucks. He was told they are 18- wheel, diesel automobile carriers. Mary Brummel, 4517 South 137th, asked where the business is presently located? Mr. Selland stated 5622 1st Avenue South (Corner of 1st and Orcas) and there are residences all around it. Mrs. Poirier stated that if repair operations are allowed up to 10:00 p.m., it seems like there would be a great deal of noise. Mr. Karlson stated that they have 15 vehicles today but what happens as the business grows? This is why the residents need protection. Mr. Borden talked about the night operation and the possibility of the business developing into 24 -hour service. Mr. James Gayther, 4334 South 133rd, discussed the amount of vibration caused by the current truck traffic and his great concern over the additional noise the operation will generate. Mr. Storseth stated that the Environmental Review of the proposed project showed a negative impact of noise and traffic on the area. Mrs. Elizabeth Springer, 13325 42nd South, stated that the Highline Community Plan sets this area as low density family housing. There is no way a truck terminal can be compatible with the residential area. She suggested Council deny the truck terminal and wait until some type of proposal is submitted that the residents can live with. There being no further comment from the audience, Mayor Bauch declared the Public Hearing closed. He stated that Council should take action at this time. MOVED BY MRS. PESICKA, SECONDED BY HILL, THAT COUNCIL UPHOLD THE PLANNING COMMISSION'S DECISION AND DENY THE CONDITIONAL USE PERMIT. Councilman Traynor stated that he supports the conditions in the original ordinance and supports the decision of the Planning Commission As long as the present ordinance is valid, the residents have protection on what will go in there. Councilman Hill stated that a development, as proposed in 1972, would be compatible with the surrounding area. The only way Council can control developments is to place conditions on rezones. He stated that this is why he favors Contract Zoning. *the applicant aid Councilman Bohrer stated /that te decision should be based on the type of business proposed. There are a number of conditions in Ordinance No. 743 and it is the opinion of Staff and Planning Commission that those conditions are not met by this proposal. Attorney Hard explained that there are priorities to be considered in making this decision. First, the zoning laws must be looked at, then does the proposal meet the conditions stated in Ordinance No. 743. Second, does the proposal meet the definition of a truck terminal as defined in the Tukwila Municipal Code. The Environmental Assessment only helps you make an informed decision. Mr. Storseth asked if the public is really aware of the true business Mr. Selland is proposing. MOTION CARRIED COUNCIL UPHOLDS THE DECISION OF THE PLANNING COMMISSION. TUKWILA CITY COUNCIL REGULAR MEETING December 19, 1977 Page 4 RECESS 8:00 P.M. 8:05 P.M. MOVED BY SAUL, SECONDED BY MRS.. PESICKA, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order. All councilmembers present except Councilman Traynor who was excused for a short period. PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS Claims for Damages: Virginia Hanson Mary Joyce Carder Data Peterson OLD BUSINESS Thorndyke Senior Center READING OF ORDINANCES Ordinance No. 1045 Adopting the annual budget for the fiscal year 1978. 2 01 John McFarland, Administrative Assistant, reported that the City has received three Claims for Damages involving vehicles that were damaged when they struck a hole in the traveled way on Southcenter Parkway at the entrance to the Bon Marche Warehouse. The claims total $235.09. Mr. McFarland stated that investigation shows that the cause of the damage is an excavation by Washington Natural Gas. They were granted a permit to work at this site but the excavation was improperly filled and a hole developed. Mr. McFarland stated that the claims are justified. Since the city is responsible for the traveled roadway, he suggested the City award the claim and pursue reimbursement from Washington Natural Gas. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE CITY PAY THE CLAIMS AND PURSUE REIMBURSEMENT FROM WASHINGTON NATURAL GAS. Councilman Hill stated that any restoration should be done according to specifications and then approved by the City. MOTION CARRIED. Letter dated December 13, 1977, from Peter Shepherd, Coordinator, Housing and Community Development, was read for the record. Mr. Shepherd states that he is writing in response to the Mayor's letter of December 7, 1977, informing Mr. Spellman of the City Council's motion limiting its commitment to staff the Thorndyke Senior Center for only two years. The letter continues, "while we understand your need to make budget decisions next week, we will not be able to respond officially prior to December 19. The City's action raises a major policy issue which will have to be considered in light of the County's obligations to existing community centers. We will need to discuss this issue with the County Council before letting you know whether the County is still willing to fund the project." Ordinance No. 1044 MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE PROPOSED ORDINANCE Accepting a donation BE READ. MOTION CARRIED. for the Fire Department Aid Car. Deputy City Attorney Hard read an ordinance of the City of Tukwila accepting a donation for the Fire Department Aid Car. Attorney Hard stated that all Third Class Cities must accept donations by Ordinance and he felt that OMC Cities are also bound by this state statute. MOVED BY HILL, SECONDED BY MRS. PESICKA THAT ORDINANCE NO. 1044 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance of the City of Tukwila adopting the annual budget of the City of Tukwila for the fiscal year 1978 and declaring an emergency. Mayor Bauch reviewed the major changes made in the proposed budget. TUKWILA CITY COUNCIL REGULAR MEETING December 19, 1977 Page 5 READING OF ORDINANCES Ordinance No. 1045 Adopting the annual budget for the fiscal year 1978. Cont. 2020 MOVED BY HILL, SECONDED BY BOHRER, THAT ORDINANCE NO. 1045 BE ADOPTED AS READ. Councilman Hill referred to page 13 of the proposed budget and stated that the full -time mayor position had not been resolved. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE MAYOR BE RETAINED AT THE SAME SALARY AS LAST YEAR AND REMAIN A PART -TIME POSITION. Councilman Saul stated that sometime Council is going to have to consider someone to run the City full time. He said that he supports the Mayor's request for the full -time position. We need someone to look after the $7,000,000 budget full -time. Councilman Hill stated that eventually we should have a full -time person running the City whether it is a mayor or a city manager. But, the people should know at the time they cast their ballots whether the person will be part -time or full -time. The people deserve the right to choose Tukwila's first full -time mayor. Councilman Pesicka stated that Mayor Bauch would make a good full -time mayor but, what about two years from now? The city would be limited on who would have the time to serve a term as a full -time mayor. Councilman Bohrer agreed that the City needs a full -time administra- tor. The problems in Tukwila are not strictly population related. We have 100 full -time employees and eight Department Heads that report to the Mayor. Businesses do not operate with a part -time administrator. One concern is that in the future there could be a problem in finding qualified people who want to serve full -time as mayor. There are other concerns; this is a difficult decision. There is no simple answer to assure that the City of Tukwila in the future will be well managed. Councilman Bohrer said that Mayor Bauch would make an excellent administrator. ROLL CALL VOTE: 5 YES GARDNER, HILL, PESICKA, TRAYNOR,VAN DUSEN 2 NO BOHRER, SAUL. MOTION CARRIED. Councilman Saul asked if anyone wanted to change their minds about the three Fire Lieutenants. They will cost an additional $5,000. Councilman Hill asked about the attorney fees on Page 34. Court fees were raised from $48.00 to $50.00 per hour. Attorney Hard stated that the average for this area is $50.00 Councilman Bohrer stated that Council has set the Mayor's salary for next year but hasn't resolved the issue of what to do about a full -time administrator. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE MONEY DELETED FROM THE MAYOR'S SALARY BE RETAINED IN THE ADMINISTRATIVE BUDGET FOR THE YEAR OF 1978 AND THAT COUNCIL EXPLORE OTHER ALTERNATIVES FOR A FULL -TIME ADMINISTRATOR IN 1978. Councilman Traynor suggested that the money be moved to the Contingency fund. Councilman Bohrer stated that his thought was to leave the money in the Mayor's budget but create a new position. MOVED BY TRAYNOR, SECONDED BY MRS. PESICKA, THAT THE MONEY BE MOVED TO THE CONTINGENCY FUND. MOTION CARRIED WITH BOHRER AND SAUL VOTING NO. MOTION CARRIED AS AMENDED. MOTION CARRIED TO ADOPT THE BUDGET AS AMENDED. TUKWILA CITY COUNCIL REGULAR MEETING December 19, 1977 Page 6 READING OF ORDINANCES Cont. OrdinancP No. 1046 MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE Appropriating funds from READ. MOTION CARRIED. the sale of bonds into the 1977 Budget for Deputy City Attorney Hard read an ordinance of the City of Tukwila city hall construction. appropriating funds from the sale of bonds into the 1977 budget for city hall construction. Ordinance No. 1047 Classifying certain real property located at the northwest corner of the intersection of 52nd Ave. South and Interurban Avenue as C -2 zoning classifica- tion. MOVED BY HILL, SECONDED BY SAUL, THAT ORDINANCE NO. 1046 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY WITH THE STIPULATIONS. MOTION CARRIED. Deputy City Attorney Hard read an ordinance of the City of Tukwila classifying certain real property located at the northwest corner of the intersection of 52nd Avenue South and Interurban Avenue as C -2 zoning classification within the City of Tukwila. Section 2. This classification to C -2 shall include the following stipulations: A. Any new development, including structures and parking areas, shall provide a minimum landscape setback of ten (10) feet from the property lines adjacent to Interurban Avenue and 52nd Avenue South. B. Site and elevation plans for new construction be reviewed by the Planning Commission sitting as the Board of Architectural Review as described in Chapter 18.32 of the Tukwila Municipal Code. MOVED BY HILL, SECONDED BY SAUL, THAT ORDINANCE NO. 1047 BE ADOPTED AS READ. Councilman Bohrer asked what the owner intends to do with the property. Mrs. Gjerde stated that as long as she is using it there will be no change. At some point in time the property will probably be sold. There is no pending sale at this. Before it could be sold, there would have to be a proper zoning placed on the property. MOVED BY BOHRER, SECONDED BY SAUL, THAT STIPULATION A, SECTION 2, BE AMENDED TO INCREASE THE MINIMUM LANDSCAPE AND SIDEWALK SETBACK ON NEW CONSTRUCTION TO 20 FEET. Councilman Bohrer stated that he agrees with the C -2 zoning but is concerned about the current building as it sits close to the lot line and makes it difficult to see the southbound traffic on Interurban. The existing site does not conform to the C -2 classification. By passing this ordinance, Council is making a legal non conforming structure. Further, the sidewalk plan says there will be a sidewalk along Interurban Avenue. Changing the zoning without any restrictions could remain there as a hazard. Kjell Stoknes stated that there are landscape and setbackrequtrements in the zoning ordinance. The most important stipulation here is the review by the Planning Commission before approval. Mr. Erickson, representing Mrs. Gjerde, stated that they feel the setback should be consistent with the other property along Interurban Avenue. If the concern is the existing building, to resolve the zoning will encourage the sale of the property, then something can be done with it. Councilman Traynor stated that he is bothered by the 20 feet. The Planning Commission must have considered the setback and that is why they want to see the site and elevation plans on new construction Councilman Van Dusen stated that he likes Stipulation B and would hope the Board of Architectural Review would take care of the problem of site clearance, landscaping and parking. MOTION FAILED WITH BOHRER VOTING YES. TUKWILA CITY COUNCIL REGULAR MEETING December 19, 1977 Page 7 READING OF ORDINANCES Ordinance No. 1047 Classifying certain real property located at the northwest corner of the intersection of 52nd Ave. South and Interurban Avenue as C -2 zoning classifi- cation. Cont. RESOLUTIONS Resolution No. 608 Authorizing the Execution of an Agreement with King County Planning for use and distribution of Block Grant Funds for the program period 1978 -1980. DEPARTMENT REPORTS Mayor's Report Treasurer's Report on Investments MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Request for Executive Session Proposal on Undergrounding three County residences Cont. zoz Councilman Bohrer stated that a hazard does exist and suggested setting a two -year time limit on the rezone. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT COUNCIL ADD SECTION 3 IF EXISTING BUILDING ON THIS SITE IS NOT REMOVED NOR NEW CONSTRUCTION STARTED IN FIVE YEARS, THE ZONING WILL REVERT TO R -1. Mr. Erickson stated that he hopes it will take place within that period of time but does not think this will serve the purpose Council wants. ROLL CALL VOTE: 4 NO GARDNER, PESICKA, SAUL, TRAYNOR. 3 YES BOHRER, HILL, VAN DUSEN. MOTION FAILED. MOTION CARRIED TO ADOPT THE ORDINANCE AS READ. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution of the City of Tukwila authorizing the execution of an agreement with King County regarding planning for use and distribution of certain Block Grant Funds for the program period 1978 1980, under the Community Development Act of 1974. MOVED BY HILL, SECONDED BY MRS. PESICKA, THAT RESOLUTION NO. 608 BE ADOPTED AS READ. MOTION CARRIED. Mayor Bauch announced that Thursday at 3:30 P.M., the Mechanical Engineer and the Architect would be out to discuss the sound system for the Council Chambers. The Interior Architect has completed his proposal for furnishing the main floor of City Hall and would like to meet with Council to discuss his recommendation. Council concurred with Mayor Bauch to meet with them at the Committee of the Whole Meeting, Tuesday, December 27, 1977. Councilman Saul read the report submitted by Mabel J. Harris, City Treasurer. "The sale of $1,500,000 of limited G.O. Bonds for City Hall Construction increased our investable funds to an all -time height." Interest income from $2,925,000 sold $10,195.11 Securities purchased $4,300,000.00 Councilman Saul requested Council meet in Executive Session to discuss the proposals from USTME. Councilman Saul reported that, in order for the contractor to complete the underground wiring project on his street, it is also necessary to underground three houses in the County. He asked Council permission to obtain signatures of the County residents agreeing to the undergrounding of their property. Councilman Gardner stated that the City should not pay the per lot charge for those in the County. Councilman Saul stated that the City should pay to enable the Tukwila residents to hook up. TUKWILA CITY COUNCIL REGULAR MEETING December 19, 1977 Page 8 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Proposal on Undergrounding three County residences Cont. EXECUTIVE SESSION Recess: 9:30 P.M. Executive Session Closed: 10:25 P.M. ADJOURNMENT 10:26 P.M. 202 3 MOVED BY MRS. PESICKA, SECONDED BY SAUL, THAT THE CITY SUPPLY THE TUKWILA RESIDENTS WITH UNDERGROUND POWER EVEN IF IT TAKES SERVING THREE LOTS OF COUNTY PROPERTY. ROLL CALL VOTE: 4 NO BOHRER, GARDNER, HILL, VAN DUSEN. 3 YES PESICKA, SAUL, TRAYNOR. MOTION FAILED. MOVED BY HILL, SECONDED BY SAUL, THAT COUNCIL RECESS FOR FIVE MINUTES THEN GO INTO EXECUTIVE SESSION. MOTION CARRIED. Council met in Executive Session to discuss the USTME proposal. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. .5 .0ad Mayordgar D. Bauch Cit Clerk Maxine Anderson