HomeMy WebLinkAbout2005-06-06 Regular MinutesCouncil Chambers City Hall
June 6, 2005 7:00 p.m.
MEETING MINUTES
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
Mayor Steven M. Mullet called the Regular meeting to order at 7:04 p.m. and led the audience in the
Pledge of Allegiance.
ROLL CALL:
Bob Baker, Deputy City Clerk, called the roll of Council. Present were Pamela Linder, Council President,
as well as Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Dennis Robertson
and David Fenton.
OFFICIALS:
Steven M. Mullet, Mayor; Shelley Kerslake, City Attorney; Lucy Lauterbach, Legislative Analyst; Bob
Baker, Deputy City Clerk; Bruce Fletcher, Director of Parks and Recreation; David Haynes, Police Chief;
Steve Lancaster, Director of Community Development; Brandon Miles, Assistant Planner, Department of
Community Development; Jim Morrow, Public Works Director; Mike Cusick, Senior Engineer; and Don
Tomaso, Fire Marshal.
APPOINTMENT:
7:06:20 p.m.
Bruce Fletcher introduced Mr. Kruize who was "recruited" by a past Parks Commissioner Dennis Sivak.
Mr. Kruize is a computer consultant and has agreed to serve if appointed by the Council.
HERNANDEZ MOVED; DUFFIE SECONDED; TO APPOINT SCOTT KRUIZE TO THE PARKS
COMMISSION, POSITION #4, WITH A TERM TO EXPIRE 03- 31 -06. The motion carried 7 -0.
CITIZEN COMMENT /CORRESPONDENCE:
7:11 :08
None.
Scott Kruize
CONSENT AGENDA:
7:11:25 p.m.
TUKWILA CITY COUNCIL
REGULAR MEETING
Parks Commission Position #4
a. Approval of Minutes March 21, Mav 2, Mav 16 Regular Mav 23 Special Minutes
b. Approval of Vouchers 316080- 316362. in the amount of $770.523.61
DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS
PRESENTED. The motion carried 7 -0.
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PUBLIC HEARING:
7:11:42
An Unclassified Use Permit application for the construction and operation of a sewer lift station at
13361 56 Avenue South (City of Tukwila. applicant).
Brandon Miles, Assistant Planner, Department of Community Development, reported the City of Tukwila
is applicant for an Unclassified Use Permit (UUP) to construct and operate a sewer lift station at 13361
56 Avenue South. The proposed station will serve residents of the Foster Point neighborhood. That
area is currently not served by sanitary sewer. Rather, it uses septic tanks and drain fields for waste
disposal.
He concluded his remarks by noting the City issued a Determination of Non Significance (DNS) on June
24, 2004, which covered the entire sewer extension for the previously mentioned neighborhood.
Shelley Kerslake, City Attorney, addressed the Council regarding the decisional criteria in this quasi
judicial matter. According to law, she asked each Councilmember the following:
1. Do you have an interest in the subject property?
2. Do you stand to gain, or lose, by your decision?
3. Have you had an ex parte communication regarding the subject of this application?
Each Councilmember responded in the negative on each question, and no objection was voiced by
anyone present as to any of the Councilmembers considering this matter.
With that, she reported the Council's approval of a UUP should be guided by nine criteria of the City's
Zoning Code (TMC 18.66.060) and a determination that the project is consistent with Tukwila plans and
regulations (TMC 18.100.030). The City Council may approve the project as proposed, establish
conditions on the project approval or deny the request.
The following nine criteria were cited:
1. Where appropriate and feasible, all facilities shall be underground.
2. The proposed use will not be materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity.
3. The proposed use shall meet or exceed the same standards for parking, landscaping, yards and
other development regulations that are required in the district it will occupy.
4. The proposed development shall be compatible generally with the surrounding land uses.
5. The proposed development shall, to the maximum extent feasible, be consistent with and
promote the goals, objectives, and policies of the Comprehensive Land Use Policy Plan and
applicable adopted area plans.
6. The proposed unclassified use shall, to the maximum extent feasible, mitigate all significant
adverse environmental impacts on public and private properties. Full consideration shall be given
to:
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June 6. 2005
a. alternative locations and /or routes that reduce or eliminate adverse impact; and
b. alternative designs that reduce or eliminate adverse impacts.
7. In the event a proposed essential public facility creates an unavoidable significant adverse
environmental or economic impact on the community, compensatory mitigation shall be required.
Compensatory mitigation shall include public amenities, incentives or other public benefits that
offset otherwise unmitigated adverse impacts of the essential public facility. Where appropriate,
compensatory mitigation shall be provided as close to the affected area as possible.
8. For uses in residential areas, applicants shall demonstrate there is no reasonable nonresidential
alternative site for the use.
9. For uses in residential areas, applicant shall demonstrate the use provides some tangible benefit
for the neighborhood.
Jim Morrow, Public Works Director, reported the proposed use will likely provide the following tangible
benefits:
City of Tukwila
City Council Regular Meeting Minutes
a. Increase property values;
b. Allow existing homes to expand;
c. Allow for existing lots to be platted (divided) into additional lots; and
d. Reduce environmental impacts associated with septic system.
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June 6. 2005
Additionally, Mr. Morrow noted staff has done its best to provide for a facility which will not detract from
the neighborhood. Property currently undeveloped will be more ably developed if so desired.
Ms. Hernandez asked about attendance at past open houses. Just one person came the property owner
(Jerry Wheaton) where the station shall be located. Mr. Wheaton did not object to the request.
Notice of this application and the Shoreline Permit request were handled together, and all Foster Point
residents within 500 feet were notified.
The station going in will allow property owners to build. The pump going in will be large enough to
facilitate future development in terms of capacity in the affected area.
7:23:36 Mayor Mullet opened the public hearing and called for citizen comment. None was
received.
7:24:02 Hearing no citizen comment, Mayor Mullet closed the public hearing.
Mr. Miles and Mr. Morrow fielded questions related to costs and anticipated expenditures. The project
may cost approximately $8.5 million. Currently, the City is in receipt of a Public Works Trust Fund Loan in
the amount of $6 million and has a second application pending (also with PWTF) in the amount of $2.8
million. To discuss the location of the line, Mike Cusick, Senior Engineer, Public Works, was present.
LINDER MOVED; HERNANDEZ SECONDED; TO ADOPT THE FINDINGS OF FACT AND
CONCLUSIONS OF LAW AS CONTAINED IN THE STAFF REPORT AND APPROVE THE
UNCLASSIFIED USE PERMIT FOR A SEWER LIFT STATION AT 13361 56 AVENUE SOUTH
WITH THE FOLLOWING CONDITIONS:
1. Prior to issuance of any building permits for the sewer lift station, the applicant
shall submit a noise study, prepared by a qualified professional, showing
compliance with TMC 8.22.
2. Fence slats placed in the surrounding perimeter chain -link fence shall be green in
color.
The motion carried 7 -0.
UNFINISHED BUSINESS:
A resolution establishing Hearing Examiner Rules of Procedure
FENTON MOVED; DUFFIE SECONDED; TO READ THE PROPOSED RESOLUTION BY TITLE ONLY. The
motion carried 7 -0.
Shelley Kerslake, City Attorney, read the title of the proposed resolution.
FENTON MOVED; ROBERTSON SECONDED; TO APPROVE THE PROPOSED RESOLUTION AS READ. The
motion carried 7 0.
APPROVED RESOLUTION #1578
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING THE CITY OF TUKWILA HEARING EXAMINER RULES OF PRACTICE AND
PROCEDURES
City of Tukwila
City Council Reaular Meetina Minutes
NEW BUSINESS:
a. Consideration of 4 of July Fireworks Permit (Tom Whitacre, applicant)
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June 6. 2005
Councilmember Robertson noted review and approval of this item at this evening's Finance and Safety
Committee meeting. The applicant is the same man who has requested like permits in years past.
ROBERTSON MOVED; LINDER SECONDED; APPROVAL OF A PERMIT TO ALLOW A PUBLIC
DISPLAY OF FIREWORKS ON JULY 4, 2005, AT FORT DENT PARK, WITH THE FOLLOWING
CONDITIONS:
1. Notify Washington State Patrol of the event.
2. Notify FAA Specialists of the event.
3. Notify BNSF Railroad Resources of the event, two hours prior to start.
4. Establish safety perimeter a minimum of 30 minutes prior to start.
5. Have discharge monitors in visible uniform clothing.
6. No pyrotechnics to be brought to site prior to day of event.
7. All personnel inside safety perimeter shall use Personnel Protective
equipment as outlined in NFPA 1123.
8. Portable fire extinguishers shall be in place, prior to unloading of
pyrotechnics from transport vehicle.
9. Six Tukwila Police Officers shall be on site a minimum of 30 minutes prior
to the start of the display for crowd control and shall remain on the scene
until such time as the crowd substantially disburses.
10. Tukwila Fire Department shall inspect mortar racks prior to loading of any
pyrotechnic shells.
11. Tukwila Fire Department shall inspect all static displays upon completion
of setup.
12. Two Tukwila Fire Department apparatus shall be on location prior to
display start.
13. Any breach of the safety perimeter shall suspend the display until the
perimeter is cleared and re- established.
14. Upon completion of the display, the fallout area shall be checked for
unexploded shells. Cleaning of debris, if not practical on the night of the
event, shall be at first light the next day.
15. No combustible materials shall be stored inside the safety perimeter.*
Councilmember Carter spoke in favor of Parks and Recreation staff receiving training on traffic control to
become confident in their ability to successfully assist in disbursing automobile traffic after the annual
event. She also spoke in favor of City staff hanging notices at schools and /or apartment buildings
notifying community members that the discharge of fireworks within the Tukwila City limits is strictly
forbidden. Councilmember Fenton noted Robbie Burns, Tukwila Police staff, has already hung posters in
Spanish and English, in local area apartment buildings.
*The motion carried 7 -0.
b. Consideration of Zoning Chance Request (Mastandrea. applicant)
Councilmember Duffie reported review of this item at the May 24 Community Affairs and Parks
Committee meeting. The only recommendation from that Committee was to forward this issue to the
entire Committee of Whole.
Steve Lancaster, Director of Community Development, noted the Mastandreas visited with council a
couple months ago regarding options to maintain use of their property for airport- related parking on their
property. Additionally, Mr. Mastandrea met with the Community Affairs and Parks Committee on April 12,
2005 with the same request. There, the Committee asked City staff to write a letter to the Mastrandreas
with options and costs for coming into compliance with Tukwila Municipal Code (TMC) requirements. It
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should be noted Code Enforcement personnel has suspended enforcement/legal action until June 15,
2005, allowing the Mastrandreas time to consider their options.
To accommodate the Mastandrea's request, the City Council would have to amend TMC 18.24.020
Permitted Uses, as the request is to remove a 175 -foot setback requirement, and the requirement that the
parking lot be located behind a building would also have to be removed. Amending the TMC language
would affect all RC -zoned properties in Tukwila.
Reviewing options with Council, Mr. Lancaster noted they may forward the request to the Planning
Commission, or they may request additional information from Staff or the Mastandreas, or they may
decline any action. City staff is in favor of Council taking no action.
Responding to an inquiry from Ms. Hernandez, Mr. Lancaster noted there is no such thing" as a use
variance under State law or the TMC; therefore it is not an option.
Dario Mastandrea. 14654 Military Road South. Tukwila. speaking in favor of his request, noted his lot
"disturbs no one." He said his lot has improved the overall look of the City and he maintains it, keeps it
clean, fenced, gated and "pedestrian friendly." He pointed out the nearby Church by the Side of the Road
has an agreement with METRO relative to parking on their (church) property.
Mr. Lancaster clarified the parking issue with the church by noting their lease and operation pre -dates
annexation for the Metro Park and Ride. He also noted the Zoning Code allows "park- and ride -lots as a
conditional use in the RC Zone. Commercial parking is a completely different use and is only allowed if
the proper setbacks are provided.
Each of the Councilmembers noted they understand the situation, yet several spoke against "spot zoning"
and allowing more commercial parking lots within the City.
HERNANDEZ MOVED; FENTON SECONDED; TO REFER THE ISSUE TO THE PLANNING
COMMISSION FOR CONSIDERATION. The motion failed 2 -5; with Councilmembers Duffie, Linder,
Carter, Haggerton, and Robertson voting NO.
REPORTS:
a. Mayor
Mayor Mullet attended a (Portland) June 5 fundraiser for Senator Patty Murray. He also noted the funeral
for Martin Durkan, Sr., is June 9. He also reported off -duty police officers would be placed at the Foster
Library to assist in the elimination of internal control problems. Finally, the Mayor reported he and wife,
Bonnie, will serve as guides to Mr. Mrs. Neil Armstrong at the upcoming Tribute to Apollo 13 Ground
and Space crews as they visit the Museum of Flight for an annual fundraising event.
b. Council
Councilmember Joe Duffie attended the Memorial Day celebration at the Museum of Flight. He
complimented Mayor Mullet for doing a fine job on a presentation to the attendees.
Next, Mr. Duffie reported Tukwila Elementary lost one of its 3 grade students last Thursday, when she
was killed in a bicycling accident. To raise money for funeral costs, McDonald's agreed to give half of
their proceeds from a specially -set meal time earlier this evening.
The Councilmember then reported a spaghetti dinner will be held June 16, at Tukwila Elementary School,
to raise money for one of their paraeducators recently diagnosed with cancer. While her treatment will
soon begin, she has five children at home.
Finally, Mr. Duffie noted six individuals (teachers, staff and /or their spouses) connected to Tukwila
Elementary School have been diagnosed (recently) with various forms of cancer. He asked Council to
keep those individuals and their families in thought and prayer.
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Councilmember Joan Hernandez attended the Memorial Day events at the Museum of Flight. On June
2, she attended the Sound Transit Construction update meeting. On June 3, she attended a
videoconference at the Museum of Flight between students from Foster High School and students in
Dakar, Senegal, West Africa. The predominant language spoken between both sets of students was
French. And, on June 6, she participated in the Community Leadership luncheon, sponsored by Puget
Sound Energy.
Council President Pamela Linder attended a June 4 event at Benefit Park on Beacon Hill where one of
the City of Tukwila's parks received a grant from Starbucks. Thirty such grants were distributed between
30 parks in three counties. Ms. Linder also attended the June 5 (Portland) fundraiser for Senator Patty
Murray.
Councilmember Pam Carter attended a recent open house relative to Link Light Rail. She, too,
attended a videoconference at the Museum of Flight.
Councilmember Jim Haggerton attended the Museum of Flight Memorial Day events. On June 2, he
attended a Cascade Water Alliance meeting with members of the Lake Tapps Task Force. Mr. Haggerton
announced he would be in Anchorage, Alaska, June 15 -18, attending an ITC Steering Committee (NLC
related).
Councilmember Dennis Robertson attended a WRIA 9 meeting the last week in May and this evening's
Finance and Safety Committee meeting. Additionally, he reported inability to attend the June 9 Joint City
Council /Planning Commission meeting as he'll be attending another WRIA 9 meeting. Mr. Robertson
praised staff support efforts in connection with WRIA 9 issue.
In addition to calling (in general) City staff "wonderful," Mr. Robertson called (specifically) Sandra
Whiting, Urban Environmentalist, "a jewel," and gave her "kudos" for her support relative to WRIA issues.
Speaking out of concern, Mr. Robertson noted another family has left his neighborhood (and the City) out
of safety concerns such as vicious dogs, gun firings /shootings, perceived drug dealing and run down
homes. The Councilmember's desire is to retain these young, vibrant, active families in our community.
Councilmember David Fenton attended the June 3 videoconference at the Museum of Flight. He also
attended the grand opening ceremony of the new shopping /food wing at SeaTac Airport.
c. City Administrator
Rhonda Berry was absent.
d. City Attorney
Shelley Kerslake had no report.
e. Leaislative Analyst
Lucy Lauterbach noted citizenship classes will start this week.
ADJOURNMENT:
8:47 p.m. DUFFIE MOVED; HERNANDEZ SECONDED; TO ADJOURN THE REGULAR
MEETING. The motion carried 7 -0.
Steven M. Mullet, Mayor
Date minutes approved: June 20. 2005
Pctx± N
Robert H. Baker, CMC, Deputy City Clerk
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