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HomeMy WebLinkAbout1976-01-05 Regular MinutesTUKWILA CITY COUNCIL January 5, 1976 REGULAR MEETING 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL METERS MINUTE APPROVAL VOUCHER APPROVAL PUBLIC HEARINGS Preliminary Assessment Roll LID #28 RECESS 8:00 8:10 P.M. M I N U T E S /43/ Tukwila City Hall Council Chambers Mayor -elect Bauch led the Pledge of Allegiance. Mayor Todd called the City Council meeting to order. GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF DECEMBER 15, 1975 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED. Vouchers #7443 #7519 Current Fund #7443 7501 Street Fund #7502 7509 Water Fund #7510 7513 Sewer Fund #7514 7518 W/S Const. #7519 LID #25 C -32 F 33 $8,265.93 R -23 8,265.93 $15,686.56 2,193.23 5,546.51 322.17 75.95 Total $23,824.42 Mayor Todd opened the public hearing at 7:03 P.M. Steve Hall, Public Works Director, briefly reviewed the background of forming the LID. All proceedings were recorded by a court reporter and a transcript of the proceedings is on file with the City Clerk's office. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE MEETING RECESS. CARRIED. Mayor Todd called the public hearing back to order with all Council Members present as previously listed. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PUBLIC HEARING BE DECLARED CLOSED AT 8:25 P.M. CARRIED. Steve Hall requested direction from the City Council as to the preliminary assessment roll. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE PURPLE PARCEL BE EXCLUDED FROM THE LID.* Mr. Harold Wynn stated if the purple property is out and an 80 -foot cul -de- sac is included in the street, that leaves the rest of us to carry the whole burden of $350,000 and when you divide that up, it is more than we can hack. Councilman Saul stated he felt it was reasonable to acquire 10 feet along the street from each pro- perty owner and let the developer build the street without spending this much money. Council President Traynor asked if the green colored property had access to Macadam Rd. Steve Hall stated there may be legal access, but he strongly recommended access for that property from 152nd Street due to the ele- vation and sight distance on Macadam. Councilwoman Harris stated she would prefer the Council take no action on the assessment roll tonight. Councilman Sterling stated if the owners of the purple parcel have established access onto Macadam, he did not see why the one lot should be included in the roll. Mayor Todd recommended the Council take no action until the final assessment roll is considered and the participants can make any written protests to the Council at that time for deletions. Councilman Johanson noted it is not normal procedure to make these decisions at the point of the public hearing. *MOTION FAILED UNANIMOUSLY. TUKWILA CITY COUNCIL MEETING January 5, 1976 Page 2 PUBLIC HEARINGS Cont. LID #28 Cont. Steve Hall stated the next step in the LID process is an ordinance adopting the preliminary assessment roll and forming the LID and property may be deleted by the Council at that time. MOVED BY STERLING, SECONDED BY JOHANSON, TO EXCLUDE THAT PORTION OF THE PURPLE PARCEL THAT IS NORTH OF THE LOT FRONTING 152nd STREET. CARRIED. MOVED BY HARRIS, THAT THE MATTER BE PUT BEFORE THE COUNCIL OF THE WHOLE MEETING, TENTATIVELY THURSDAY, JANUARY 8, AT 7:30 P.M., FOR FURTHER DISCUSSION IN ORDER TO PROVIDE SOME DIRECTION TO THE PUBLIC WORKS DIRECTOR TO DRAFT THE ORDINANCE FORMING THE LID.* Council President Traynor stated next Monday we will have newly installed Council Members considering this issue and it will be discussed again later. *MOTION FAILED FOR LACK OF SECOND. Councilman Sterling sug- gested the parties explore the possibility of getting 10 feet of frontage from each property owner along 152nd. Kjell Stoknes, Planning Director, stated there is a condition on this property that proper access be maintained. Mr. Smith came in for his building permits prior to any access being furnished and he stated he is now concerned that the City cannot hold up the permits because Mr. Smith has demonstrated good faith in gaining access through the LID public hearing. Also, the original permits are subject to this LID being formed. Adoption of the Natural Mayor Todd declared the public hearing open at 8:45 Environment Element of P.M. Kjell Stoknes reviewed this first element of the Comprehensive Plan the updating process of the Comprehensive Plan. He stated citizens volunteered to serve on the committees to consider the elements of the Plan and seven were appointed by the Planning Commission chairman to formulate the Natural Environment Element. The com- mittee's recommendations were considered by the Planning Commission with very little amendments and they now appear before the City Council for public hearing. Mayor Todd stated a request has been sub- mitted by Byron Sneva requesting that this matter be tabled until all the separate elements are coordinated for adoption at once. City Clerk Shirlee Kinney read Mr. Sneva's letter addressed to the City Council dated January 5, 1976. Councilwoman Davis stated she concurred with Mr. Sneva, but she wondered why this matter appears as a public hearing before the City Council tonight. Kjell Stoknes stated the City Council voted to author- ize the Planning Director to set public hearing dates before the City Council on the elements of the Plan as they progress. Council President Traynor stated this is the public hearing stage and no provision is included on the Agenda for adopting the goals. Mr. Tom Bernard, Cabot, Cabot Forbes, stated the document expresses the same kinds of things they try to do in their real estate development and the plan is well- intended. However, the plan does establish some far reaching criteria for the entire scope of land use through the use of objective environmental dialogue; good planning involves more. It should also consider the legal rights of the landowner and the potential dollar cost to the taxpayers and should not exceed its scope beyond what is allowed under the law to protect the health, safety and well -being the public. TUKWILA CITY COUNCIL MEETING January 5, 1976 Page 3 PUBLIC HEARINGS Cont. Natural Environment Element Cont. /4 33 Mr. Bruce Solly, Segale Business Park, stated they have been advised that if this is adopted and made part of the Comprehensive Plan, then the policies could be used by the City in making decisions on such matters as building permits, conditional use permits, rezones, etc. and the problem in adopting it at this time is that it is not specific and it is subject to the interpretation of certain people, City officials and property owners. Some of the goals are very good but others create some problems and he would like the opportunity to discuss these with the committee in detail. Mr. Ben Aliment, Foster Golf Links, stated he agreed with the two gentlemen. Specifically, policies 1 and 3 on page 5 regarding preservation of views of the hillsides were out of order. Do those of us in the low lands owe the hillsides a view? He did not feel he owed them anything. Mr. Bernard stated his views were not based upon the property they owned being affected because it is not affected. If the City should get into any adverse condemnations because of these policies, we would be affected by the cost of that everyone would. Mr. Dick Kirsop, member of the Tukwila Planning Commission, stated there is too literal an interpre- tation being put on the statement of goals. The City officials desired some guidelines to discourage such things as heavy shelf cuts as is stated on page 5. These policies are not intended to be adopted as a zoning ordinance with specific restrictions would be; it is intended to provide flexible guidelines for the future development of the City. Miss Helen Nelsen, referring to policy 4, stated all the agricultural land in the City is zoned M -1 and she did not feel that policy 4 applied to anything in Tukwila. Mrs. Emma Lund stated there appears to be many questions on this and perhaps further study is necessary. Mr. Frank Kriedler stated the agricultural policy was suggested by one of the committee members and we were looking at a land use map which includes agricultural use, not a zoning map. Policy statements are very seldom specific and we are not implementing anything at this time. He stated he felt it was wise to get all the parts of the plan together for adoption and their significance will be clear at that time. Mr. Chris Crumbaugh, Segale Business Park, stated the City has traditionally had a map -type of Compre- hensive Plan. This is a change which lays out policy and guidelines. In order for the City Council to be fair, they will have to deny anything that conflicts with this, or in effect be forced into some arbitrary decisions by choosing between one person and another. Mr. Fred Satterstrom, Planning Department, stated there will be a map to accompany the other elements to be considered later this spring. Discussion continued regarding the zoning as related to the comprehensive plan map and the purpose of the environ- mental element. TUKWILA CITY COUNCIL MEETING January 5, 1976 Page 4 PUBLIC HEARINGS Cont. Natural Environment Element Cont. RECESS 9:56 10:15 P.M. ,3L Mr. Solly asked if the goals will be applied to any zoning changes or building permits and will they be applied any time between now and the time the full plan is rewritten. Kjell Stoknes, Planning Director, stated what the City's response to that is here we have some goals the City would like to achieve and if you can accommodate them, that is fine but if you will not, there is nothing we can do regarding the individual rights of a property owner. The City Council can implement more specific goals into an ordinance or through interpretation during public hearings regarding rezones or conditional use permits. The City staff cannot implement them. Mr. Solly reviewed each section of the Natural Environment Element with comments and objections in some instances. He recommended that if the policies are adopted, they be more specific or that they not be adopted until the overall picture is presented of the Comprehensive Plan. Mr. George Hill stated this is not a resolution or an ordinance or an order. He thanked the Planning Department and the committee for their work on the policy and stated he would have liked to have had these types of guidelines available when he served on the Council four years ago. They include many of the things the people in this City would like to see accomplished. Mrs. Anne Altmayer stated the City is already follow- ing this type of policy and she did not support the policy as it is written because she felt it needed to be more specific. Kjell Stoknes stated the City realizes it must res- pect the rights of private property. These policies are not specific and perhaps the property owner does experience some insecurity because of the general nature of the Comprehensive Plan, which by its very nature, is a general thing. It may be used as a guideline for future ordinances, but if we don't establish these goals and if we are not consistent with them, we will be accused of being arbitrary and capricious and we get taken to court. The staff has made the best effort possible to try to reach all the citizens to get their opinions. Seven citizens volunteered for the committee and staff provided general policies to the committee and then sat back while the committee went to work. Their modified policies went to the Planning Commission for a public hearing and the notice was published twice in the Record Chronicle. The Planning Commission made a few insignificant changes and then a notice was pub- lished twice for a public hearing before the City Council tonight. The matter will probably be placed in some committee where all interested parties are welcome to voice opinions. After this review, the Council will again consider the statements in the form of a resolution. A variety of actions is avail- able to the City Council as well. Mayor Todd declared the public hearing closed at 9:55 P.M. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MEETING RECESS. CARRIED. Mayor Todd called the Council meeting back to order with all Council Members present as previously listed. TUKWILA CITY COUNCIL MEETING January 5, 1976 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Sign Code appeal International Harvester Natural Environment Element Kjell Stoknes, Planning Director, stated the normal process for appeal from the Board of Adjustment is to court and not the City Council. Attorney Parker agreed. Mr. Richard Thorpe of the law firm Elvidge, Veblen, Tewell, Bergmann F Taylor stated the ordinance sets out the procedure to go from the building offi- cial to the Board of Adjustment then to superior court. There is another provision however for staff interpretation to appeal to the Planning Commission which is aside from the ordinance. He stated his request for sign permit was denied by the Planning Department and by the Board of Adjustment and he was told that the proper procedure for appeal of denial of reversal of staff interpretation was the City Council. Since this is in error, he requested that his 10 -day appeal period begin from this date rather from the date of rejection by the Board of Adjustment in order to file with superior court. Kjell Stoknes explained the staff's position on the term "frontage" regarding the International Harvester property as it applies to the Sign Code. MOVED BY TRAYNOR, SECOND- ED BY SAUL, THAT THE 10 -DAY APPEAL PERIOD START TODAY TO APPEAL FOR SUPERIOR COURT. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, TO AMEND THE AGENDA TO CONSIDER ITEM 10.a. AT THIS TIME. CARRIED. SECOND READING OF ORDINANCES Proposed ordinance, Council President Traynor stated this ordinance had Requiring auto- been considered by the Public Safety Committee and opening heat /smoke by the Council of the Whole. Councilwoman Davis vents draft stated there seems to be some negative aspects to the curtains ordinance and she felt it should be denied. Council- man Sterling stated the Council was not provided with any background regarding the need for the ordinance. This is so much more restrictive than the U.B.C. and we have no staff recommendation on this. The Fire Department felt this ordinance was desirable but the commercial buildings are already meeting the require- ments presently established. Councilman Johanson stated the concepts are good but we have no informa- tion regarding costs as related to the cost of up- grading existing buildings or construction of new buildings. Discussion continued. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY FOR ITS SECOND READING. CARRIED. Attorney Parker read proposed ordinance requiring automatic opening heat /smoke vents and draft curtains (curtain boards) in addition to certain sections of the Uniform Building Code and the Uniform Fire Code which pertain to these two items, by title only. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE DENIED.* Councilwoman Harris stated Fire Marshal Jim Hoel had stated they were in the process of gathering back -up information and would like to see this ordi- nance referred back to committee until the information can be submitted to the Council. Council President Traynor stated the ordinance can be brought back to the Council with information at any time later even if it is denied tonight. *CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, TO TABLE ALL OTHER AGENDA ITEMS TO THE NEXT REGULAR COUNCIL MEET- ING WITH THE EXCEPTION OF ITEM 13, AUDIENCE COMMENTS. CARRIED. Mr. Bruce Solly asked what the status of the Natural Environment Element is at this time. Mayor Todd stated the Council has held the public hearing and the committee will carry on. TUKWILA CITY COUNCIL MEETING January 5, 1976 Page 6 Appreciation to departing City officials Attest: Mrs. Phyllis Pesicka thanked Mayor Todd for his four years of hard work serving as Mayor. Applause followed. Council President Traynor thanked Councilman Sterling, Councilman Johanson and Councilwoman Davis for their help and service to the Council and he thanked Mayor Todd. Applause followed. Council President Traynor cancelled the Committee of the Whole meeting for January 12 and called for a special meeting that night at 7:00 P.M. for the pur- pose of installing newly elected officials. ADJOURNMENT MOVED BY STERLING, SECONDED BY SAUL, THAT THE CITY 10:45 P.M. COUNCIL MEETING ADJOURN. CARRIED. Frank Todd, Mayor l Sh,4rlee k Kinney, City Clerk 7ty .M.C. 1434,