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HomeMy WebLinkAbout1985-06-03 Regular MinutesTUKWILA CITY COUNCIL June 3, 1985 Tukwila City Hall 7:00 P.M. Council Chambers CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS IN ATTENDANCE REPORTS Fire Explorers Post #51 CITIZEN'S COMMENTS Auto Repair Business on 59th Place South CONSENT AGENDA Budget Transfers #85 -04 85 -05 Regular Meeting MINUTES Mayor Van Dusen called the'Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. LIONEL C. BOHRER, MABEL J. HARRIS, EDGAR D. BAUCH, Council President, DORIS E. PHELPS, JOE H. DUFFIE, WENDY A. MORGAN, CHARLES E. SIMPSON. JAMES HANEY, City Attorney; MAXINE ANDERSON, City Clerk; DON MORRISON, City Administrator; RICK BEELER, Associate Planner; BYRON SNEVA, Public Works Director. Mayor Van Dusen introduced Firefighter Craig Byron who was present with the Fire Explorer Post sponsored by the Department. Firefighter Byron introduced the Explorer Chief Rich Arnoni. On behalf of the Fire Explorers of Post 51, he presented Mayor Van Dusen (for the City of Tukwila) with an Award of Recognition. Each Council Member was presented with an Honorary Adviser Baseball Hat. Dave Meyers, Tukwila Citizen, commented that there apparently is no ordinance restricting parking along the streets. There are several places on the streets where there are utility trailers, campers, recreation vehicles and a motor boat parked. These vehicles are parked there year -round except when they are being used. On 58th there is a motorhome blocking the site distance from South 144th. Since there are no restrictions, my neighbors and I could bring our recreation vehicles to town and park them on the street. I think it is time for Council to address this problem and come up with some rules. MOVED BY BOHRER, SECONDED BY DUFFIE, THAT THIS ITEM BE REFERRED TO THE PUBLIC SAFETY COMMITTEE. MOTION CARRIED. Council Member Phelps asked to have staff investigate the auto repair business being conducted on 59th Place South. It has been going on for several months now. a. Approval of Minutes May 28, 1985. b. Approval of Vouchers Claims Fund Vouchers Current Fund Golf Course Spec. Rev. Street Fund Arterial Street Federal Shared Rev. Land Acq, Bldg, Dev. Water Fund Sewer Fund Equipment Rental Water /Sewer Const. #22085 #22210 55,866.55 7,286.37 37,693.98 43,950.33 8,380.94 21.87 16,809.83 445.35 15,476.87 23,760.00 $209,692.09 c. Approve Budget Transfer Motion 85 -04 and 85 -05 to add additional funds needed to complete all construction items for the Crestview Park, Phase I Project. TUKWILA CITY COUNCIL, REGULAR MEETING June 3, 1985 Page 2 CONSENT AGENDA Cont. Resolution #955 Ordinance #1349 Resolution #956 PUBLIC MEETING Meeting with initiating parties on the proposed annexation of prop- erty along 51st Avenue South PUBLIC HEARING Appeal of Planning Com. decision filed by World Wide Cargo Services d. A resolution of the City Council approving the selection of CH2M Hill, Inc. to perform engineering services for the City in connection with the North Hill Water Reservior and Pump Station Project. e. An ordinance of the City of Tukwila establishing the zoning classification of certain real property annexed to the City and commonly known as the 51st Avenue Street Annexation. f. Accept the recommendation of the Legislative Coordinator to fund the cost of summer banners and pole brackets so that 65 banners may be displayed. g. A resolution of the City Council of the City of Tukwila providing for a general budget statement for 1986. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Councilman Bohrer asked to have Item C removed. Councilman Simpson asked to add three more vouchers for approval under new business. *MOTION CARRIED. The proposed annexation area lies west of 51st Avenue South between So. 164th and So. 166th. MOVED BY BAUCH, SECONDED BY SIMPSON, THAT THIS BE A FORMAL MOTION THAT THE CITY WILL ACCEPT THE PROPOSED ANNEXATION AS PETITIONED AND THAT THE AREA WILL ASSUME THE EXISTING CITY INDEBTEDNESS FOR THE GOLF COURSE.* Mr. Ben Angland, 16427 51st Avenue South, stated that the petition conveys the intent of nine of the ten property owners in the area. He said they agree to the motion. It was pointed out that generally the property taxes in the City of Tukwila are lower than in the County. *MOTION CARRIED. An appeal has been filed with the City Council on a Planning Commission decision to deny a conditional use permit for a Truck Terminal Operation at 4477 So. 134th Place. Appeal was filed by World Wide Cargo Services, Inc. Attorney Haney explained that these hearings are quasi judi- cial proceedings because Council is determining the rights of specific parties. The two choices are: (1) Remand the matter to the Planning Commission or (2) Council may proceed to consider the matter as if they were the Planning Commis- sion and determine the matter. Mayor Van Dusen declared the appeals hearing open. Attorney Haney asked all those wishing to testify in this matter to stand, raise their right hand and be sworn in. He administered the oath. The exhibits were presented and numbered, as follows: TUKWILA CITY COUNCIL, REGULAR MEETING June 3, 1985 Page 3 PUBLIC HEARING Appeal of Planning Com. decision filed by World Wide Cargo Services (cont.) 1. Conditional Use Permit Application, Schedule D 2. Legal Description of Property 3. Mailing List 4. Master Land Development Application Form which includes a description by World Wide Cargo Services. 5. Site Plan 6. Mailed Public Notice, March 28, 1985, Planning Commission Hearing 7. Letter of March 28, 1985, from Miss Edith Borden 8. Memo dated May 7, 1982, from Cark Caughey, Associate Planner to Brad Collins, Planning director, containing the definition of Truck Terminal adopted by the Tukwila Board of Adjustment at their meeting of May 6, 1982. 9. Staff report to the Planning Commission which includes two exhibits: (1) Site Plan; (2) May 6, 1982, Board of Adjustment definition of "truck terminal." 10. Letter dated March 29, 1985, from Moira Carr Bradshaw to World Wide Cargo Services notifying them of the actions of the Planning Commission. 11. Minutes of the March 28, 1985, Planning Commission Meeting. 12. Letter dated April 3, 1985, from World Wide Cargo Services appealing the decision of the Planning Commission. 13. Public Notice of the City Council Hearing on June 3, 1985. 14. Letter dated June 1, 1985 from Miss E. Borden, expressing opposition to the proposal. 15. Excerpt from the Planning Commission Minutes of March 28, 1985. Rick Beeler, Associate Planner, explained that World Wide Cargo Services is located at 4477 South 134th Street in Fostoria Park. They occupy a space that was previously occupied by Jet Pac. Northwest Imports was also operating out of this space. Based on the Board of Adjustment defini- tion of "Truck Terminal," Staff concluded that a Conditional Use Permit was required as was required by Northwest Imports in the same space. On June 24, 1985, the Planning Commission approved the Conditional Use Permit for Northwest Imports as a truck terminal at this location. Two conditions were placed on their operation: (1) Time of operation was 7:00 a.m. to 6:00 p.m. Monday through Friday; (2) No long term parking of trucks, vans or trailers occurred on the site. In the Staff Report for the Planning Commission Meeting of March 28, 1985, Staff recommended approval of the application sub- mitted by World Wide Cargo Services. Planning Commission heard the application and denied it based on the testimony given at the meeting. They entered two findings into their records -the truck terminal use was too intense for the area and would have adverse effects on the single family neigh- borhood and it does not conform to TMC 18.64.050; the use will be materially detrimental to the public welfare and injurious to the property in the vicinity. It was noted that the property is located at the edge of the City along South 135th with single family lying across the street in King County. Their access is off of South 134th Street. Based on testimony at the Planning Commission Meeting, the homes are located above the development and the noise rises directly up the hillside. Mr. Beeler stated that the applicant was not at the Planning Commission Meeting. William J. Gillande, Vice President of World Wide Cargo Services, explained that they were sent a notice of the TUKWILA CITY COUNCIL, REGULAR MEETING June 3, 1985 Page 4 PUBLIC HEARING Appeal of Planning Com. decision filed by World Wide Cargo Services (cont.) Public Hearing before the Planning Commission, but the date was unclear. The first they knew their application had been denied was when they received a letter from Planning Staff and they called to see what they could do about it. They sublease the building from Jet Pac. They are not a truck terminal; they are an agent for Profit Freight Systems. They have three pickup and delivery trucks -they are not tractor trailers. They don't hold an ICC Permit or a Common Carrier Permit that you would need to be a truck terminal. They are an exempt carrier. Northwest Imports needed building space while relocating so they rented some of the space at World Wide Cargo. They moved out on March 29. He had tractor trailers coming and going and had trailers parked on site. The drivers for World Wide Cargo leave the site at 9 a.m. and return about 5 p.m. They do not have trucks coming and going all day. Exhibit 16. The agenda for the Planning Commission Meeting of March 28, 1985. Mr. Gillande continued to explain that they have a truck go to the airport at 6 a.m. to pick up the freight. He returns to the site and the freight is redistributed to the three delivery trucks. The last truck to return to the site in the evening does so between 5:30 -6:00 p.m. The neighbors have never come to them to file their complaints. They keep the place clean and keep the trucks washed. The employees have been instructed to keep the noise down because they are trying to be a part of the community. Councilman Simpson asked if they have ever received a cita- tion from the Police Department. Mr. Gillande said, no, the only time the police have been there is when they reported stolen gasoline and the trucks were broken into. Just this last Saturday one of the neighbors called the Police, and the Police told them they were not supposed to work Saturdays; it was news to them. Council Member Phelps noted that the truck terminal defini- tion in the memo of May 7, 1982, says the occupant of the building is a holder of a certificate of public necessity from the Interstate Commerce Commission, Washington Utilities and Transportaion Commission or a similar agency. Attorney Haney explained that originally the Board of Adjustment made a determination concerning what constituted a truck terminal in connection with a particular application. The Planning Director is given the authority under the TMC to interpret all zoning code items which are not defined; truck terminal is not defined. Therefore, the Planning Director used this definition as a guideline and determined this required a conditional use. Elizabeth Springer, 13325 42nd Avenue South, the site under discussion is at the edge of Tukwila. Across the street is King County single family zoned property. This request is for a Conditional Use Permit for a truck terminal. What this operation is now and what it may become in a year's time is something else. We, the victims, must police the operations because there is no policing from Tukwila. This is not a Conditional Use that can be absorbed by a single family resi- dence. There is nothing to prevent the company trucks from using the roads through the single family area. This opera- tion is not compatible and does not benefit the area. She urged Council to uphold the Planning Commission decision and refuse the permit. TUKWILA CITY COUNCIL, REGULAR MEETING June 3, 1985 Page 5 PUBLIC HEARING Appeal of Planning Com. decision filed by World Wide Cargo Services (cont.) Joanne Poirer, 13405 42nd Ave. So., said the essence of a business is the business it operates. A truck terminal is the essence of trucking. Tukwila Police Department has been down there three or four times because I have called them in, including last Saturday when they were using a forklift. They have a diesel trailer that was there off and on up until the March 28 meeting. The diesels park so that a patrol car can't get through. This is a very noisy situation. In February and March they started the diesels at 5:30 a.m. Last Saturday morning it ran for one -half hour. It is a com- plete trucking operation. Saturday they washed trucks and you could hear the radio inside the house. We want to stop further trucking in the area adjacent to the single family residences. The area will always be commerial but now we are pleading for the quality of the companies that go in. This particular situation is not in keeping with the quality that has been portrayed by Tukwila. We want to be protected; we have asked for a buffer along Macadam Road to protect the single family area. We are trying to protect the essence of life in that area for the people who live there. Attorney Haney explained that the purpose of the Conditional Use Permit is to allow a marginal use that may be appropriate in a zoning district when certain conditions are set. If the conditions are complied with, Profit Freight could sublease the space under its Conditional Use Permit. To clarify, Mr. Beeler explained that Profit Freight and World Wide Cargo are the same Company. They moved into the City around the first of the year. Jet Pac is a separate company and were operating with a Business License. They were not required to get a Conditional Use Permit. World Wide Cargo was later told they needed the permit. Mr. Gillande explained that Northwest Imports was the company that operated with the large containers. World Wide Cargo has the smaller trucks. They operated out of the same building until Northwest Imports had more business than was expected and were asked to move out. They vacated March 29. Larry Shaw, President of NorMed at 4310 So. 131st Place, said they have moved into their building and are happy to be a part of Tukwila. Everyone at Tukwila has been cooperative and helpful. They are concerned about the future development of the area. They were told when they started their develop- ment, that it was the City's desire to keep truck facilities on the other side of Interurban. At what point does the City decide that a company is becoming a major truck facility. They would like to see the area continue to improve with office /warehouse facilities compatible with M -1 zoning that does not require a Conditional Use Permit so that the area gradually deteriorates. If you are going to grant it; grant it very carefully and then be prepared to enforce it. This area was not originally designed as a truck facility. Shirley Robinson, 13422 40th Ave. So., asked Council why they are wishing this enforcement problem on themselves. These people have been here for awhile and the City has had a number of complaints. We don't want you to do this to the community because the enforcement is partly pushed on their shoulders. They like to live here in peace with their com- mercial neighbors. One of the big concerns is the traffic problem. They have an increasing number of small children in the community. She requested that notices concerning the area be sent to her. Traffic, noise and air pollution are their major concerns. TUKWILA CITY COUNCIL, REGULAR MEETING June 3, 1985 Page 6 PUBLIC HEARING Appeal of Planning Com. decision filed by World Wide Cargo Services (cont.) RECESS 9:45 P.M.- 9:50 P.M. Council Member Morgan encouraged the Planning Department to include evidence from the Police Department in their review process if it appears that the Department has been contacted. Michael O'Melia, 3329 Shorecliff Drive, Tacoma, World Wide Cargo Services, said that their company is a quasi franchisee of Profit Freight Systems. They have one customer and that is Profit Freight Systems. They are not a part of Northwest Import; there are not hidden corporate structures. While they were renting space, they had semi trailers deliver to the property. There is also a nitrogen truck that delivers to the facility next to them about twice a week. Since the end of March, Northwest Import is no longer in their faci- lity. They have never received a violation notice from the Police Department. The only time the Police visited the site is when they were called about the theft of gasoline. The traffic on Macadam Road is very heavy, but we don't go up that way. We are a very small company; we have three drivers and four office employees. We make no pickup and deliveries on Saturday unless they are emergencies. We are not a truck terminal; we are an air cargo pickup and delivery service for Profit Freight. Miss Springer said that Mrs. Poirer said it very well when she said the essence of a trucking operation under a Conditional Use Permit for a truck terminal operation is trucking. Right now, they have small trucks, but how far will the Conditional Use Permit take them. This is no opera- tion for a single family residential neighborhood. The busi- ness of large trucks on 42nd South was much overrated; at times it gets to be a speedway, but it is mostly teenagers. Mr. Gillande said they don't deal in containers. They are just picking up small freight to deliver to the airport. Councilman Duffie asked if they had any record of complaints registered with the City. Mr. Beeler said he is not aware of any, but there may have been some in the past. If there had been a citation issued, I'm sure we would have been notified. Mayor Van Dusen closed the testimony part of the public hearing and turned it over to Council for their determination. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Van Dusen reopened the Public Hearing with Council mem- bers present as previously stated. The testimony portion has been closed. Attorney Haney reminded Council that they have the authority to impose conditions on this particular permit that would relate to size of vehicles, hours of operation, etc. MOVED BY PHELPS, SECONDED BY SIMPSON, THAT THE CITY COUNCIL ADOPT THE STAFF FINDINGS AND CONCLUSIONS AND OVERTURN THE DECISION OF THE PLANNING COMMISSION TO APPROVE THE ISSUANCE OF THE CONDITIONAL USE PERMIT SUBJECT TO THE FOLLOWING CONDITIONS: (1) THAT THE HOURS OF OPERATION BE LIMITED TO 6:00 A.M. TO 6:00 P.M., MONDAY THROUGH FRIDAY ONLY FOR THE MOVEMENT OF TRUCKS; (2) THAT THE VEHICLES OPERATED BE LIMITED TO TWO AXLE, NON- DIESEL VEHICLES.* '-,a 7 TUKWILA CITY COUNCIL, REGULAR MEETING June 3, 1985 Page 7 PUBLIC HEARING Appeal of Planning Com. decision filed by World Wide Cargo Services (cont.) Council President Bauch, speaking against the motion, said he doesn't know how the City will enforce a curfew. If we have others down there creating a problem, we should stop those also. This is a big City and lots of things are happening. How do you enforce a sublease? When I was Mayor we received more complaints about noise from that area. Attorney Haney suggested the following amendments to the Findings and Conclusions submitted by Staff: 1. Conclusion #1, last sentence changed to read "To help minimize noise impact, Profit Freight's hours of operation should be limited." 2. Conclusion #4, second paragraph, second sentence changed to read "The City Council's approval of the Conditional Use Permit would achieve the plan's objectives and poli- cies of:" 3. Conclusion #4, last sentence changed to read "The con- ditional use should be approved with the condition of limited hours of operation in order...." 4. Conclusion #5, last paragraph changed to read, "In order to lessen the high noise level of Fostoria Park and its impact on surrounding residences and to remain consistent in the treatment of truck terminal conditional use per- mits in Fostoria Park, the applicant's hours of operation should be limited to 6:00 a.m. to 6:00 p.m., Monday through Friday. 5. Recommendation: The application is approved subject to: 1. Limited hours of operation: 6 a.m. 6 p.m., Monday through Friday. 2. The vehicles operated be limited to two axle, non diesel vehicles. MOVED BY SIMPSON, SECONDED BY HARRIS, THAT THE MOTION BE AMENDED TO CHANGE THE FINDINGS AND CONCLUSIONS AS SUGGESTED BY THE CITY ATTORNEY. MOVED BY BOHRER, SECONDED BY SIMPSON, THAT THE MOTION BE AMENDED TO CHANGE THE HOURS OF OPERATION FROM 6 A.M. TO 6 P.M. TO 7 A.M. TO 6 P.M. AS THE STAFF RECOMMENDED. Councilman Bohrer said he is on the streets of the City around 6 o'clock in the morning four mornings a week, and it is very quiet. There are few people out at that hour, so to allow this kind of noise interruption to start at 6 is entirely too early in the proximity of the single family area. Council Member Morgan said that such a business relies on its ability to be out early in the morning to pick up its freight and be about its business. She said she would support this; she would not like to interfere with the economics of that business. Council member Harris said she agrees; one hour with one truck leaving in a neighborhood should not be too disruptive. ROLL CALL VOTE: BOHRER YES HARRIS NO BAUCH YES PHELPS NO DUFFIE NO MORGAN NO SIMPSON NO T228 TUKWILA CITY COUNCIL, REGULAR MEETING June 3, 1985 Page 8 PUBLIC HEARING Appeal of Planning Com. decision filed by World Wide Cargo Services (cont.) OLD BUSINESS Accepting the pro- posed design for 1985 Res. St. Project (57th Ave. So.) Effluent Transfer System Pipeline *MOTION FAILED: 5 NO; *MOTION CARRIED WITH BOHRER VOTING NO. 2 YES Councilman Bohrer said in his mind the business is a truck terminal. Many of the businesses in that area can have as significant an impact because they involve warehousing or manufacturing operations which involves trucking. Some of these may have semi's and other vehicles of more objec- tionable types and in greater quantities than does this par- ticular business. There are two issues here; one is the proximity to a neighboring single family area and the disrup- tion this causes. The other issue is where does this lead, are we declaring a precedent that we will allow truck ter- minals in this area? Council Member Harris suggested that the Planning Commission look at the truck problems in the City. ROLL CALL VOTE: BOHRER NO HARRIS YES BAUCH YES PHELPS YES DUFFIE NO MORGAN YES SIMPSON YES *MOTION CARRIED: 4 YES; 3 NO. Councilman Simpson said he would like to have staff look at the other businesses in that area and see what they are doing and if they need the same restrictions put on World Wide Cargo. Mayor Van Dusen declared the Public Hearing closed. MOVED BY HARRIS, SECONDED BY PHELPS, THAT COUNCIL ACCEPT THE DESIGN OF THE 1985 RESIDENTIAL STREET PROJECT (57th Ave. So. from So. 142nd to So. 147th) AND CALL FOR BIDS. MOTION CARRIED. Byron Sneva reported that he met with Metro and they redrafted the E.T.S agreement. There are still a few minor things to clear up. It is now presented to Council for their review. There are two significant changes: (1) The exhibits are Exhibit A which is standard and Exhibit B which lists all of the work that is not directly a part of the pipeline. It lists the 10 foot high fence around the work site, replacing tees and other such items. It is the option of the City to choose which of these items they want to withhold from construction by Metro and to do the work themselves. (2) It provides for the easement through the Golf Course to be handled separately. This is a document we are ready to work with. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THIS ITEM BE REFERRED TO THE NEXT COMMITTEE OF THE WHOLE MEETING.* Councilman Bohrer said there are two issues here: (1) Details of the Agreement; (2) Concurrence with the Golf Course route. We need to consider this agreement further. Metro gives the idea that they are giving Tukwila 2 million TUKWILA CITY COUNCIL, REGULAR MEETING June 3, 1985 Page 9 OLD BUSINESS Cont. Effluent Transfer System Pipeline (Cont.) NEW BUSINESS Resolution #957 Indicating the Council's agreement with the proposed design for the Metro Park Ride Lot located on Interurban Ogden, Ogden Murphy Vouchers #22080 22081 (6c) Budget Transfer Motions 84 -04 85 -05 for Crestview Park, Phase I Metro E.T.S Pipeline ADJOURNMENT 10:55 P.M. dollars to buy us off when most of it really is to fix up the damage to the Golf Course. We have asked due compensation for damage done and mitigation in a limited sense. I would like this agreement placed in that context so it is clear the way Tukwila views it. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY DUFFIE, THAT THE CITY CONFIRM THAT THE CHOSEN ROUTE FOR THE E.T.S. PIPELINE THROUGH THE CITY CROSSES THE GOLF COURSE. MOTION CARRIED WITH BAUCH VOTING NO. MOVED BY BAUCH, 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., indicating the Council's agreement with the proposed design of the project commonly known as the Metro park and Ride Lot located at the intersec- tion of Interurban Avenue and 52nd Avenue South and expressing the Council's intent to accept the dedication of certain street improvements to be made by Metro in developing the site. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT RESOLUTION NO. 957 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY SIMPSON, SECONDED BY BAUCH, THAT COUNCIL APPROVE FOR PAYMENT THE TWO VOUCHERS (22080 22081) FROM OGDEN, OGDEN MURPHY FOR LEGAL SERVICES. MOTION CARRIED. Councilman Bohrer said he wanted to register his unhappiness with the use of funds designated for the trail. There will be potential opportunity this fall to use those funds and perhaps more. MOVED BY PHELPS, SECONDED BY MORGAN, THAT COUNCIL APPROVE BUDGET TRANSFER MOTIONS 85 -04 AND 85 -05 TO COMPLETE ALL CONSTRUCTION ITEMS FOR THE CRESTVIEW PARK, PHASE I PROJECT. MOTION CARRIED WITH BOHRER VOTING NO. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE COUNCIL'S AD HOC COMMITTEE BE CALLED TO MEET ON THIS SUBJECT. MOTION CARRIED WITH MORGAN VOTING NO. MOVED BY DUFFIE, SECONDED BY HARRIS, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. ./V Dusen, Mir 'Ma ind Anderson, City Clerk