HomeMy WebLinkAbout2004-09-20 Special Minutes - Sound Transit Public Hearing TranscriptIN RE SOUND TRANSIT'S APPLICATION
FOR:
L03 -057 Unclassified Use Permit
L03 -058 Shoreline Variance
L03 -060 Design Review
2208 North 30th Street
Suite 202
Tacoma, WA 98403 -3360
(253) 627 -6401
Fax: (253) 383 -4884
PUBLIC HEARING
Monday, September 20, 2004 7:00 p.m.
City Hall, 6200 Southcenter Blvd.
Tukwila, Washington
J. Gayle Hays, RPR, CSR, Reporter
BYERS ANDERSON, INC. COURT REPORTERS VIDEO
1 (800) 649 -2034
scheduling @byersanderson.com
RECEIVED
OCT 0 1 2004
CITY OF TUKWILA
CITY CLERK
One Union Square
600 University Street
Suite 2300
Seattle, WA 98101 -4128
(206) 340 -1316
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TUKWILA CITY COUNCIL
Steven M. Mullet, Mayor
Jim Haggerton, Council President
Pam Carter, Councilmember
Joe Duffie, Councilmember
Dave Fenton, Councilmember
Joan Hernandez, Councilmember
Pamela Linder, Councilmember
Dennis Robertson, Councilmember
Bob Baker, City Clerk
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1 MAYOR MULLET: We'll move to Item 6,
2 which is the continuation of the Sound Transit issues from
3 the 9/13/04 special meeting. And I'm going to ask
4 Mr. Lancaster to come up and tell you what they have done
5 since last week, and then we will call for a motion on each
6 item from the council based upon Findings and Conclusions,
7 and we'll move through the three different items if we're
8 fortunate enough to get a consensus tonight.
9 All right. Steve, do you want to start off with the
10 Unclassified Use Permit?
11 MR. LANCASTER: Thank you, Mr. Mayor.
12 As Mayor Mullet indicated, there are before you three items
13 relating to the hearings and deliberations that you've had
14 on link light rail in the past few weeks; and then Jim
15 Morrow also is here with regard to the fourth item, which is
16 the proposed Transit Way Agreement.
17 With regard to the three land use issues before you,
18 following your public hearing and your deliberations on
19 that on these issues, staff has gone back, and I believe
20 that we have accurately reflected in the draft Notice of
21 Decision that's in your packet tonight the direction that
22 was provided to us at your last meeting.
23 In addition to including the conditions you discussed,
24 we've tried to capture the Findings and Conclusions upon
25 which you base those proposed conditions. I'm hoping that
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Byers Anderson, Inc. Court Reporters Video
1 we have accurately captured those items.
2 If we have, and if you're prepared to make a decision,
3 we will need three separate actions on the land use issues.
4 First would be the Unclassified Use Permit, the second on
5 the Shoreline Height Variance, and third on the Design
6 Review.
7 What we would request in making a motion upon each of
8 these items individually is that you indicate that you are
9 adopting the Findings and Conclusions contained in the staff
10 report, as well as in the Notice of Decision, and that you
11 are approving various issues, and at least with the
12 Unclassified Use Permit with the conditions as stated in
13 those decisions.
14 So we're here prepared to help you through that or
15 answer questions that you might have.
16 Okay. Shelley reminds me that she'd like to run you
17 through the appearance of fairness issues once again perhaps
18 one last time.
19 MS. KERSLAKE: As some point you will be
20 tired of these questions, so I'll be brief. This should be
21 our last meeting.
22 I'll start with Councilmember Fenton. At the last
23 meeting, you indicated, Councilmember, that you had no
24 interest in the subject property, that you did not stand to
25 gain or lose from your decision you'll make here tonight,
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1 and that you've had no ex parte contacts regarding the
2 subject matter of this application.
3 Are those answers still true?
4 MR. FENTON: They are.
5 MS. KERSLAKE: Does anyone object to
6 Councilmember Fenton's continued participation in this
7 matter?
8 Seeing none, I'll move to Councilmember Robertson.
9 Councilmember Robertson, at last week's meeting, you
10 indicated that you had no interest in the subject property,
11 that you did not stand to gain or lose from your vote here
12 tonight, and that you have no ex parte contact regarding
13 this application.
14 Are those answers still true here tonight?
15 MR. ROBERTSON: They are.
16 MS. KERSLAKE: Does anyone object to
17 Councilmember Robertson's continuing participation in this
18 matter?
19 Seeing none, I'll move to Councilmember Linder.
20 Councilmember Linder, you indicated last week that you have
21 no interest in the subject property, that you did not stand
22 to gain or lose from your decision in this matter, and that
23 you had no ex parte contact regarding this application.
24 Are those answers still true here tonight?
25 MS. LINDER: They are.
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Byers Anderson, Inc. Court Reporters Video
1 MS. KERSLAKE: Does anyone object to
2 Councilmember Linder's continued participation in this
3 matter?
4 Seeing none, I'll move on to Councilmember Carter.
5 Councilmember Carter, at the last meeting, you indicated
6 that you had no interest in the subject property, that you
7 did not stand to gain or lose from your participation in
8 this matter, and that you had no ex parte contact regarding
9 this application.
10 Are those answers still true here tonight?
11 MS. CARTER: Yes, they are.
12 MS. KERSLAKE: Does anyone object to
13 Councilmember Carter's continued participation in this
14 matter?
15 Seeing none, I'll move to Councilmember Haggerton.
16 Councilmember Haggerton, at the last meeting, you indicated
17 that you had no interest in the subject property, that you
18 do not to stand to gain or lose from your vote here tonight,
19 and that you had no ex parte contact regarding this
20 application.
21 Are those answers still true?
22 MR. HAGGERTON: They are.
23 MS. KERSLAKE: Does anyone object to
24 Councilmember Haggerton's continued participation in this
25 matter?
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1 Seeing none, I'll move to Councilmember Hernandez.
2 Councilmember Hernandez, at the last meeting, you indicated
3 the you had no interest in the subject property, that you do
4 not stand to gain or lose from your vote here tonight, and
5 that you had no ex parte contact regarding the subject
6 matter.
7 Are those answers still true?
8 MS. HERNANDEZ: Yes, they are.
9 MS. KERSLAKE: Does anyone object to
10 Councilmember Hernandez's continued participation in this
11 matter?
12 Seeing none, I'll conclude with Councilmember Duffie.
13 Councilmember Duffie, at the last meeting, you indicated
14 that you had no interest in the subject property, you did
15 not stand to gain or lose from your vote here tonight, and
16 that you had no ex parte contact regarding this application.
17 Are those answers still true tonight?
18 MR. DUFFIE: Yes, ma'am.
19 MS. KERSLAKE: Does anyone object to
20 Councilmember Duffie's continued participation in this
21 matter? Seeing none, that concludes my questions.
22 MAYOR MULLET: Thank you, Shelley.
23 MR. LANCASTER: With that, we're
24 available to answer questions, if the council has any.
25 MAYOR MULLET: Let's start with L03 -057,
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Byers Anderson, Inc. Court Reporters Video
1 the Unclassified Use Permit for the record.
2 And Pam, do you want to put it on the table?
3 MS. CARTER: Raise your hand if I forget
4 anything, because I was taking notes really fast.
5 I move approval of the Unclassified Use Permit adopting
6 the Findings and Conclusions in the staff report and in the
7 Record of Decision, including the zoning code modification
8 and the conditions in the record.
9 MR. LANCASTER: I assume you meant
10 Notice of Decision.
11 MS. CARTER: Notice of Decision.
12 MR. DUFFIE: Second.
13 MAYOR MULLET: Moved and seconded. Is
14 there any further discussion?
15 MR. ROBERTSON: I'd like to speak to the
16 motion.
17 MAYOR MULLET: Yes, Dennis.
18 MR. ROBERTSON: I believe that the
19 motion and the Notice of Decision fairly represents the
20 issues as discussed and posed by the council in the last two
21 meetings the last meeting. So I'm speaking in favor of
22 the motion.
23 MAYOR MULLET: Is there any discussion
24 of the motion any further discussion? Pam?
25 MS. CARTER: I just think everyone has
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1 worked really hard on this, and it really showed in the
2 large amount of material we had to look at, how much work
3 went into this. And I think it's very fair the way it's
4 worked out, and so I'm very pleased that we come to this
5 point.
6 MAYOR MULLET: Okay. All in favor of
7 the motion on the table say aye.
8 (Six say aye)
9 MAYOR MULLET: Any opposed?
10 MR. FENTON: No.
11 MAYOR MULLET: Let the record show
12 Mr. Fenton opposed. It passes six to one.
13 We'll take up LO3 -058, the Shoreline Height Variance
14 next. I don't believe we had any differences on this from
15 the public hearing from what the staff report is so
16 MR. LANCASTER: That's correct.
17 MAYOR MULLET: Pam, do you want to put
18 this on the record?
19 MS. CARTER: I move approval of the
20 Shoreline Variance as do I need to say, as listed in the
21 staff report?
22 MR. LANCASTER: I think to adopt the
23 Findings and Conclusions in the staff report and the Notice
24 of Decision.
25 MS. CARTER: Okay adopting the
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1 Findings and Conclusions in the staff report and in the
2 Notice of Decision.
3 MR. DUFFIE: Second.
4 MAYOR MULLET: Moved and seconded. Is
5 there any further discussion? Seeing none, all in favor say
6 aye.
7 (Six say aye.)
8 MAYOR MULLET: Any opposed?
9 MR. FENTON: No.
10 MAYOR MULLET: Let the record show that
11 Mr. Fenton opposed. It still carries six to one.
12 The next item is LO3 -060, Design Review.
13 MS. CARTER: I will move approval of the
14 Design Review adopting the Findings and Conclusions in the
15 staff report and in the Notice of Decision.
16 MS. LINDER: Moved and seconded.
17 MAYOR MULLET: Moved and seconded. Any
18 further discussion? Seeing none all in favor say aye.
19 (Six say aye)
20 MAYOR MULLET: Any opposed?
21 MR. FENTON: No.
22 MAYOR MULLET: Let the record show that
23 Mr. Fenton opposes. It still passed six to one. Thank you,
24 council. That was a long time getting to that.
25 The item up next is the proposed ordinance on the
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1 Development and Transit Way Agreement. And Mr. Morrow will
2 say a few words on that.
3 MR. MORROW: We had for the record,
4 I'm Jim Morrow, director of public
5 We had briefed the council that the proposed
6 Development and Transit Way Agreement for the Sound Transit
7 Central Link Light Rail Tukwila Freeway Route Project is
8 needed because Sound Transit seeks the city approval for
9 permanent use by the light rail system of property on, under
10 and above city streets and rights -of -way in order to satisfy
11 the continuing control requirement of the Federal Transit
12 Administration.
13 The agreement proposes to lay out the structure and
14 framework necessary to actually construct the project. It
15 lays out those specific items as to how we overcome certain
16 engineering challenges associated with the construction.
17 In the previous package, I tried to give you the
18 highlights associated with it as to such things as where the
19 guideway columns are in the public right -of -way, how
20 Southcenter Boulevard will be improved, the construction
21 impacts, the potentials of those, how we propose to address
22 them throughout the entire project, as well as things like
23 restoring the public right -of -way once it had been torn up.
24 And I think one of the most significant aspects of it
25 is that it puts forth for your consideration a methodology
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1 for handling disputes, should they come about. And there
2 are three different levels associated with that dispute
3 resolution. Level one is between the Sound Transit's
4 project manager and the city planning supervisor, building
5 official, fire marshall or the city engineer. The second
6 level is Sound Transit's director of link light rail working
7 with either the community development director or the public
8 works director. And if those two levels fail, the third
9 level is Sound Transit's executive director shall work with
10 the city administrator.
11 I believe and support the order before you. I think
12 that it has covered all of the different engineering
13 aspects, construction challenges and methodologies that we
14 need to actually build the project now within the city.
15 Also, I think, through the hard work of Sound Transit
16 staff and city staff, we have come up with procedures and
17 everything that mirror the policies and framework that the
18 council has been using all along for franchise agreements,
19 which we'll address later on this evening. We are not
20 creating anything new, so to speak, to actually construct
21 the project.
22 So with that, if you have any questions, I'd be more
23 than happy to answer them.
24 MAYOR MULLET: Put it on the table,
25 somebody? Joan, do you have a question?
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Byers Anderson, Inc. Court Reporters Video
1 MS. HERNANDEZ: Yes. My question was,
2 are we passing the draft ordinance that was in our
3 September 7th agenda packet
4 MR. MORROW: Yes, ma'am.
5 MS. HERNANDEZ: because there isn't
6 one in our
7 MR. MORROW: Yes. It is to adopt or
8 authorize the mayor to
9 MS. HERNANDEZ: All right. I'll go
10 ahead and move that the ordinance be read by title only.
11 MS. CARTER: Second.
12 MAYOR MULLET: Moved to read the
13 ordinance by title only. All in favor say aye.
14 (All say aye)
15 MAYOR MULLET: Any opposed? Shelley,
16 would you, please?
17 MS. KERSLAKE: An ordinance of the City
18 Council of the City of Tukwila, Washington authorizing the
19 Mayor to execute a Development and Transit Way Agreement
20 with Sound Transit for development of the Tukwila Freeway
21 Route Project and to allow the nonexclusive use of certain
22 areas of the public rights -of -way providing for severability
23 and establishing an effective date.
24 MS. HERNANDEZ: I move the ordinance be
25 adopted as read.
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1 MR. HAGGERTON: Second.
2 MAYOR MULLET: Moved and seconded to
3 adopt the ordinance as read. Any further discussion? Joe?
4 MR. DUFFIE: I'd like to say one thing.
5 I'm not disapproving the ordinance or what we're doing. The
6 only feeling I have is that I would have felt better if the
7 route went to Southcenter. That's the only thing I have
8 against it, that it didn't go to Southcenter. We can't
9 always get what we want.
10 Other than that, I'd like to thank the City and Sound
11 Transit for working together. Sometimes I can't believe
12 they really worked together like they did. But they did,
13 and it's come out great. And I'd like to thank you.
14 But my heart is really not with this, because I would
15 have loved it to have went to Southcenter. But you didn't
16 give me that. Thank you.
17 MAYOR MULLET: Any other discussion? We
18 have a ordinance on the table. All in favor say aye.
19 (Six say aye)
20 MAYOR MULLET: Any opposed?
21 MR. FENTON: No.
22 MAYOR MULLET: Let the record show that
23 Mr. Fenton opposes. It still passes six to one.
24 All right. That concludes our Sound Transit issues for
25 tonight.
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(Proceedings concluded at 8:15 p.m)
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1 STATE OF WASHINGTON I, J. Gayle Hays, CCR, RPR,
ss CCR 1964, a duly authorized
2 COUNTY OF KING Notary Public in and for the State
Of Washington, residing at
3 Renton, do hereby
certify:
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5
That the foregoing hearing was taken before me and
6 completed on September 20, 2004, and thereafter was
transcribed under my direction; that the transcript is a
7 full, true and complete transcription of the testimony of
said witness, including all questions, answers, objections,
8 motions and exceptions;
9 That the witnesses, before examination, were duly
sworn to testify the truth, the whole truth, and nothing but
10 the truth;
11 That I am not a relative, employee, attorney or
council of any party to this action or relative or employee
12 of any such attorney or council and that I am not
financially interested in the said action or the outcome
13 thereof;
14 That I am herewith securely sealing the said
transcript and promptly delivering the same to the City of
15 Tukwila.
IN WITNESS WHEREOF, I have hereunto set my hand
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and affixed my official seal September 23, 2004.
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J: Gayle Hays, CCPR, Notary
21 Public in and for the State
of Washington, residing at
22 Renton.
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