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HomeMy WebLinkAbout1976-04-05 Regular MinutesTUKWILA CITY COUNCIL April 5, 1976 REGULAR MEETING 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS, CALLS AND AWARDS Call for Bids Asphaltic concrete overlay PUBLIC HEARINGS Preliminary Plat proposal of Todd's Rainier Vista M I N U T E S Tukwila City Hall Council Chambers Mayor Bauch led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. Mayor Edgar Bauch, City Clerk Shirlee Kinney, Director of Public Works Steve Hall, Planning Director Kjell Stoknes, Deputy City Attorney Larry Hard. MOVED BY HILL, SECONDED BY SAUL, THAT THE MINUTES OF THE MARCH 15, 1976 REGULAR MEETING BE APPROVED AS PUBLISHED. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Vouchers 8188, another for WFOA Conference and Sergeant Maxwell's medical bills were discussed. Councilwoman Harris stated she would withhold her approval of Dick Anderson's voucher. *CARRIED, WITH MS.PESICKA VOTING NO. Vouchers No. 8114 8235 Current Fund 8114 8195 $26,839.68 Street Fund 8196 8203 4,124.58 Fed. Rev. Shg. 8204 8207 17,421.35 Water Fund 8208 8220 12,779.05 Sewer Fund 8221 8234 8,003.07 W/S Const. 8235 8.25 LID #24 C -32 $6,133.20 R -20 6,133.20 LID #26 C -3, 5 $5,517.52 R -3, 5 5,517.52 City Clerk Shirlee Kinney read call for bids notice for asphaltic concrete street overlay. Public Works Director Steve Hall explained location on City map. MOVED BY HILL, SECONDED BY SAUL, TO APPROVE CALL FOR BIDS FOR ASPHALTIC CONCRETE OVERLAY. CARRIED. Mayor Bauch requested consideration of bid procedures. MOVED BY MS. PESICKA, SECONDED BY HILL, TO REFER DISCUSSION OF BID PROCEDURES TO APRIL 12, 1976 COMMIT- TEE OF THE WHOLE MEETING. CARRIED. Mayor Bauch opened the public hearing at 7:16 P.M. All comments of the public hearing are on file in the City Clerk's office in the form of a court reporter's transcript attached to the original set of Minutes. Mayor Bauch closed the public hearing at 8:00 P.M. MOVED BY MS. HARRIS THAT THE PLAT BE AMENDED TO PROVIDE A 50 FOOT RIGHT -OF -WAY ON EACH OF THE INTERNAL STREETS. MOTION WITHDRAWN. MOVED BY MS. PESICKA, SECONDED BY TRAYNOR, THAT THE PRELIMINARY PLAT OF TODD'S RAINIER VISTA BE DENIED.* City Council discussed provisions of the Comprehensive Plan regarding zoning in the area of the proposed plat. *ROLL CALL VOTE: 6 AYES GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, VAN DUSEN; 1 NO TRAYNOR. CARRIED. MOVED BY MS. HARRIS, SECONDED BY MS. PESICKA, THAT THE COUNCIL FORMULATE ITS SPECIFIC REASONING FOR THE DENIAL OF THE PLAT AND ENUMERATE THOSE REASONS. CARRIED, WITH HILL VOTING NO. TUKWILA CITY COUNCIL MEETING April 5, 1976 Page 2 PUBLIC HEARINGS Cont. Rainier Vista Cont. MOVED BY MS. HARRIS THAT THE REASON FOR DENIAL OF THE PRELIMINARY PLAT IS THAT IT DOES NOT SERVE THE PUBLIC USE AND INTEREST IN THAT THE STREETS DO NOT MEET THE CITY STANDARDS AND THERE ARE NO PROVISIONS FOR ADEQUATE TURN AROUND FACILITIES FOR EMERGENCY VEHICLES AND MOVED BY MS. HARRIS TO AMEND THE MOTION THAT THE CITY COUNCIL DISCUSS EACH REASON SEPARATELY. MOTION FAILED FOR LACK OF SECOND. Mayor Bauch recommended the City Council use the findings of the staff report as a way of determining reasons for denying the proposed plat. RECESS 8:15 P.M. 8:20 P.M. Adoption of Commerce/ Industry Element of the Comprehensive Plan RESOLUTIONS Resolution 521 In appreciation to Joanne W. Davis for services as City Councilwoman Resolution 522 In appreciation to Joseph R. Johanson for services as City Councilman Resolution 523 In appreciation to Jon D. Sterling for services as City Councilman /S? MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE REASON FOR DENIAL OF THE PRELIMINARY SUBDIVISION IS BASED ON THE 6 ITEMS UNDER RECOMMENDATIONS ON PAGE 3 OF THE APRIL 5, 1976 ADMINISTRATION REPORT. CARRIED, WITH MS. PESICKA AND VAN DUSEN VOTING NO. MOVED BY VAN DUSEN, SECONDED BY SAUL, TO RECESS FOR 5 MINUTES. CARRIED. Mayor Bauch called the meeting back to order with all Council Members present as previously listed. Mayor Bauch opened the public hearing at 8:21 P.M. Planning Director Kjell Stoknes explained the citizens' committee involvement and the actions of the Planning Commission. No comments were made for or against the proposed Element. Mayor Bauch closed the public hear- ing at 8:30 P.M. Councilman Saul thanked the citizens involved in the committee work. MOVED BY HILL, SECONDED BY VAN DUSEN, TO REFER THIS ITEM TO THE APRIL 12, 1976 COMMITTEE OF THE WHOLE MEETING AND TO INVITE THE COMMITTEE MEMBERS TO ATTEND. CARRIED. MOVED BY MS. HARRIS, SECONDED BY MS. PESICKA, TO AMEND THE AGENDA TO CONSIDER ITEMS 10. f., g., h., AND i. AT THIS TIME. CARRIED, WITH VAN DUSEN VOTING NO. MOVED BY TRAYNOR, SECONDED BY MS. HARRIS, THAT PROPOSED RESOLUTION BE READ. CARRIED. Mayor Bauch read proposed resolution in appreciation to Joanne W. Davis for her services to the City of Tukwila as a City Councilwoman. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, TO SUSPEND THE RULES FOR SECOND READING AND ADOPT RESOLUTION 521 AS READ. CARRIED. Council President Hill presented a plaque in appreciation to Mrs. Davis. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Mayor Bauch read proposed resolution in appreciation to Joseph R. Johanson for his services to the City of Tukwila as a City Council- man. MOVED BY TRAYNOR, SECONDED BY HILL, TO SUSPEND THE RULES FOR SECOND READING AND ADOPT RESOLUTION 522 AS READ. CARRIED. Council President Hill presented a plaque in appreciation to Mr. Johanson. MOVED BY TRAYNOR, SECONDED BY HILL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Mayor Bauch read propos- ed resolution in appreciation to Jon D. Sterling for his services to the City of Tukwila as a City Council- man. MOVED BY HILL, SECONDED BY MS. PESICKA, TO SUS- PEND THE RULES FOR SECOND READING AND ADOPT RESOLUTION 523 AS READ. CARRIED. Council President Hill present- ed a plaque in appreciation to Mr. Sterling. TUKWILA CITY COUNCIL MEETING April 5, 1976 Page 3 RESOLUTIONS Cont. Resolution 524 In appreciation to Frank Todd for services as Mayor PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Protest LID #28 Esping, Wynn, Tukwila Associates, La Vista Estates F Caditz Writ of Prohibition LID #28 Esping vs City of Tukwila Writ of Prohibition Tukwila Associates vs City of Tukwila Letter from Mr. Doces re: sign code revision Letter from Mayor Bauch re: grant procedures MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Mayor Bauch read propos- ed resolution in appreciation to Frank Todd for his services to the City of Tukwila as Mayor. MOVED BY MS. PESICKA, SECONDED BY HILL, TO SUSPEND THE RULES FOR SECOND READING AND ADOPT RESOLUTION 524 AS READ. CARRIED. Council President Hill presented a plaque in appreciation to Mr. Todd. Mayor Bauch noted this item appears on the Agenda for a matter of record only. Mayor Bauch noted this item appears on the Agenda for a matter or record only, and the City Attorney will proceed with it. Mayor Bauch noted this item appears on the Agenda for a matter of record only, and the City Attorney will proceed with it. MOVED BY MS. PESICKA, SECONDED BY HILL, TO REFER THESE ITEMS TO THE COMMITTEE OF THE WHOLE MEETING, APRIL 12, 1976.* Council President Hill stated no Council action is required. *SECOND AND MOTION WITHDRAWN. Deputy City Attorney Hard explained the position of Mr. Esping and of the Tukwila Associates and stated the two lawsuits may be combined. Formal Motion 76 -3, MOVED BY TRAYNOR, SECONDED BY SAUL, THAT FORMAL MOTION Declaring intent to 76 -3 BE READ BY TITLE ONLY. CARRIED. City Clerk adopt Residence Shirlee Kinney read Formal Motion 76 -3, a motion of the Element as part of Tukwila City Council related to comprehensive planning, the Comprehensive Plan declaring its intent to adopt at some future time the Residence Element as part of the Comprehensive Plan for the City, by title only. MOVED BY TRAYNOR, SECOND- ED BY SAUL, TO ADOPT FORMAL MOTION 76 -3 AS READ. CARRIED. Council President Hill stated he felt the Council should refer this letter to the Planning Commission to review the sign code. Kjell Stoknes, Planning Director, requested the Council to accept the letter as information and to ask for a text amendment to the code. Discussion continued regarding the Board of Adjustment's decision to allow 90 days for sub- mittal of text amendment proposals. MOVED BY MS. HARRIS, SECONDED BY MS. PESICKA, TO REVERT TO A COMMITTEE OF THE WHOLE TO DISCUSS THIS MATTER. FAILED. Discussion continued regarding location of curbs and of the signs in violation. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE CITY COUNCIL REFER THIS MATTER TO THE PLANNING COMMISSION TO REVIEW WITH A 60 -DAY TIME PERIOD TO RESPOND.* Deputy City Attorney Hard stated the Council must keep this moving or the abatement of the signs will proceed. Mr. G. John Doces addressed the Council with the background in the placement of his signs and the problems created before they had been installed to direct customers into the proper entrance. Public Works Director Steve Hall illustrated the street and parking lot area on the blackboard. *CARRIED, WITH MS. HARRIS VOTING NO. MOVED BY HILL, SECONDED BY SAUL, THAT THIS ITEM BE REFERRED TO THE APRIL 12, 1976 COMMITTEE OF THE WHOLE MEETING. CARRIED. TUKWILA CITY COUNCIL MEETING April 5, 1976 Page 4 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Letter from Steve Hall re: items in Public Works Committee Letter from Mayor Bauch re: additional office space OLD BUSINESS King County Animal Control Ordinance proposal FIRST READING OF ORDINANCES Proposed ordinance Reclassifying certain property from R -1 to C -2 (Anderson) /s Public Works Director Steve Hall urged the Council to consider as soon as possible the water study for the residential area. He stated the funding is budgeted in the amount of $1,500. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ADMINISTRATION PRESENT A RESOLUTION TO THE COUNCIL AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH URS COMPANY FOR THE WATER STUDY. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, TO REFER ALL OTHER ITEMS IN STEVE HALL'S LETTER TO THE APRIL 12, 1976 COMMITTEE OF THE WHOLE MEETING. CARRIED. MOVED BY TRAYNOR, SECONDED BY HILL, TO CONCUR WITH THE RECOMMENDATIONS STATED IN MAYOR BAUCH'S LETTER.* City Clerk Shirlee Kinney read a letter from Mayor Bauch addressed to the City Council dated April 1, 1976 regarding acquisition of an additional trailer on a lease basis for the Mayor and future Administra- tive Assistant, with space for the Council and their secretary and for the City Attorney and Judge. Mr. Frank Todd stated he lived across the street from City Hall and he objected to the proposed trailer park. Discussion continued regarding use of the trailer and its conformity with the existing code provisions. *CARRIED. Deputy City Attorney Hard noted at the present time we are not in contract compliance with King County because we do not have an adopted ordinance similar to that of King County's and at the present time, no one is sure of what the animal control law is within the City. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Deputy City Attorney Hard read by introduction only, as the proposed ordinance has no title. MOVED BY SAUL, SECONDED BY TRAYNOR, TO RECONSIDER THE LAST ACTION OF THE CITY COUNCIL. CARRIED. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, TO DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE FOR ANIMAL CONTROL IN COMPLETE FORM. CARRIED. Discussion continued with the following audience comments. Mrs. Rena Holloway stated there should be a leash law because after 10:00 P.M., there is no control and the animals run in packs in the streets at night. Mrs. Anna Bernhard stated she would like to see animal owners keep them in their own yards 24 hours a day. Mr. Elfstrom stated he felt there was no need to license your dog if you keep it confined to your own yard. Mr. Fred Shepard stated he keeps his dog in his yard but when the dog got out one time, he was able to get it back again because it was licensed. Mr. Gene Elfstrom stated when he called King County Animal Control to report a stray dog, they asked him to tie the dog up and they would be out to pick it up later. Mrs. Joan Todd stated they have fenced their yard not to keep their dog in but to keep all the other dogs out. Mr. Al Pieper stated he wit- nessed two large dogs stop a couple of children on the sidewalk as they were walking home from school. If the dogs are out on the streets and sidewalks, which is the public's domain, they dogs should also be con- sidered public property and dealt with as such. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THIS ITEM BE DROPPED FROM THE AGENDA UNTIL ALL PAPERWORK IS COMPLETED.* Mr. Larry Canaan, real estate agent representing Mr. Anderson, requested the City Council TUKWILA CITY COUNCIL MEETING April 5, 1976 Page 5 FIRST READING OF ORDINANCES Cont. Proposed ordinance Anderson rezone Cont. Proposed ordinance Amending T.M.C. 18.34.170 re: height number of stories in CPR zone Ordinance 965 Accepting donation for Bicentennial Committee cookbook from Bell Office Products RESOLUTIONS Resolution 525 Authorizing Mayor to execute agree- ment with LeSourd, Patten, Fleming Hartung for legal services Resolution 526 Authorizing Mayor to execute agree- ment with RAYS for certain social services Proposed resolution Segregating special assessment in LID #24, Lindell Associates /s to consider first reading tonight in order to keep the matter on schedule. He stated it is not Mr. Anderson's responsibility that the developers agree- ment is not completed to accompany the ordinance. Deputy City Attorney Hard stated his office would have the developers agreement completed soon and there would be no harm in reading the proposed ordinance by title on its first reading tonight. *MOVED BY TRAYNOR, SECONDED BY PESICKA, TO RECONSIDER THE PREVIOUS ACTION. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, TO READ PROPOSED ORDINANCE BY TITLE ONLY ON ITS FIRST READING. CARRIED. Deputy City Attorney Hard read proposed ordinance reclassifying a certain property located on the West side of Southcenter Parkway approx- imately 1,000 feet South of Strander Boulevard from a R -1 -7.2 zoning classification to a C -2 zoning classifi- cation within the City of Tukwila, by title only. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ ON ITS FIRST READING. CARRIED. Deputy City Attorney Hard read proposed ordinance amending Section 18.34.170 of the Tukwila Municipal Code Title 18, zoning code, and Ordinance 251 as it relates to height and number of stories in a CPR zone district. City Council discussed the parking require- ments in conjunction with the height limitation change proposed by the Doubletree Inn. MOVED BY MS. HARRIS, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE REFERRED TO THE APRIL 12, 1976 COMMITTEE OF THE WHOLE MEETING. CARRIED. MOVED BY MS. PESICKA, SECONDED BY MS. HARRIS, THAT PROPOSED ORDINANCE BE READ. CARRIED. Deputy City Attorney Hard read proposed ordinance of the City of Tukwila accepting a donation for the Bicentennial Committee cookbook. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULES FOR SECOND READING AND ADOPT ORDINANCE 965 AS READ. CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY ON SECOND READING. CARRIED. Deputy City Attorney Hard read proposed resolution authorizing Mayor to negotiate and execute an agreement with LeSourd, Patten, Fleming Hartung for compensation for legal services rendered, by title only. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESO- LUTION 525 BE ADOPTED AS READ.* Mr. Frank Todd stated it was not clear whether the contract was with the firm or with the designated City Attorney. *CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESOLU- TION BE READ BY TITLE ONLY ON SECOND READING. CARRIED. Deputy City Attorney Hard read proposed resolution authorizing the Mayor to execute an agreement with the Renton Area Youth Services to provide certain social services, by title only. MOVED BY MS. PESICKA, SECOND- ED BY HILL, THAT RESOLUTION 526 BE ADOPTED AS READ. CARRIED. MOVED BY MS. HARRIS, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY FOR FIRST READING. CARRIED. Deputy City Attorney Hard read proposed resolution segregating special assessment on property in LID No. 24, owned by Warren Neuroth, a portion of which was transferred to F. R. Lindell and Associates, by title only. Public Works Director Steve Hall explained the segregation of the LID. TUKWILA CITY COUNCIL MEETING April 5, 1976 Page 6 RESOLUTIONS Cont. Proposed resolution Authorizing Mayor to acquire Macabee property for park purposes Proposed resolution Amending Resolution 505 to change date, time and place of Finance f Personnel Committee meetings DEPARTMENT REPORTS Mayor's Report Undergrounding project status Desimone property appraisal Department Heads salary negotiations South King County Park Facility name Street problems /sd9' MOVED BY MS. PESICKA, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ IN FULL FOR FIRST READING. CARRIED. Deputy City Attorney Hard read proposed resolution authorizing the Mayor to negotiate for, and acquire, certain real property for park purposes. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY AND INCLUDING THE CHANGE. CARRIED. Deputy City Attorney read proposed resolution amending Resolution 505 to change time, date and place of the Finance and Personnel Committee meetings and read the change as follows: Finance and Personnel Committee, meetings on the last Tuesday each month at 12:15 P.M. at the Foster Golf Course, 13500 Interurban Avenue South. Mayor Bauch recommended the day be changed from Tuesday to Wednesday for the Public Safety Committee. Councilman Gardner noted the time for the Public Works Committee meetings should be 5:00 P.M. instead of 7:00 P.M. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Mayor Bauch stated the resolution of intent to annex certain property North of the City which had been intended for tonight's Agenda will be ready for the next regular Council meeting. Mayor Bauch stated there will be changes made to the ladies' restroom at City Hall to allow access from the vestibule during Council and Court sessions, and we are currently looking for part -time help in the Building Department as budgeted for a craftsman. Councilman Van Dusen asked about the progress on the undergrounding program. Steve Hall, Public Works Director, stated the contracts with Puget Power and Pacific Northwest Bell are now signed and we are scheduled to begin about July 1, with the first area planned at the Tukwila Elementary School. Councilman Van Dusen asked about the progress of negotiations to obtain an appraisor for the Desimone property for City Hall. Mayor Bauch stated he had not yet been contacted by Mr. Desimone, who has been out of town recently. Councilman Traynor stated the Council needs to start the negotiations with Department Heads. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SCHEDULE AN EXECUTIVE SESSION AT A COMMITTEE OF THE WHOLE MEETING APRIL 8, 1976 AT 7:00 P.M. IN THE COUNCIL CHAMBERS TO DISCUSS NEGOTIATIONS WITH DEPARTMENT HEADS. CARRIED. Mr. Rudy Regel stated the committee chosen to establish a new name for the park has looked favorably upon Tukwila's suggestion of Fort Dent, but they would like to include the fact that it is an athletic facility Fort Dent Athletic Facility. Other suggestions under consideration are Tecumseh Park and Hazelnut Park. Mr. Regel also informed the Council of a problem on 147th Street between 56th and 57th Avenues regarding a hazard on the steps there and the overgrowth of vines and brush on the 10 foot City -owned strip. TUKWILA CITY COUNCIL MEETING April 5, 1976 Page 7 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Discussion Todd's Rainier Vista preliminary plat and rezone proposal Presentation of picture of Mt. Rainier to City from Mr. and Mrs. Frank Todd /3 Mr. Frank Todd stated regarding the Council's decision to deny the preliminary plat, he wanted to know if they would consider an application for rezone to R -4. The land may be developed without a plat or he can go to court to appeal the decision on the proposed plat. Mr. Todd requested the Council to allow him to attend the next Committee of the Whole meeting to discuss an R -4 zoning proposal. Mayor Bauch stated a waiver form is available in the Planning Department for all rezone requests above R -1 since there is an existing resolution placing a freeze on these rezone requests until June, without approval of the Council. Mr. Todd stated there is a time limit to appeal to the Superior Court on the plat denial but he will pursue the rezone if the Council would give him some indica tion they are willing to reconsider it. Otherwise, he did not wish to let the time limit run out. Councilwoman Harris stated she did not feel it was proper to discuss this reconsideration until a formal request came before the Council and she felt it was not legal to reconsider a previously denied ordinance which now is several months past. She stated Mr. Todd should make his decision and proceed with it from here. Councilman Van Dusen requested a legal opinion from the City Attorney regarding the reconsideration of the rezone. Mayor Bauch stated the only time the denied ordinance could have been reconsidered was at the Council meeting immediately following the action rejecting the ordinance. Deputy City Attorney Hard stated the Council may be willing to waive the 30 day period to allow 60 days or whatever to consider some- thing else. Council President Hill stated if Mr. Todd did re -apply to the Planning Commission and then to the Council, it would take 4 or 5 months and the con- struction season would be over and it would in effect be another year before any development could commence. Councilman Traynor stated he has sat on the Council through all of these development proposals and he has seen nothing yet that would change his mind now about his voting in the past but he would be willing to discuss the matter again. Deputy City Attorney Hard stated the Council should also be aware of any precedents they may be setting. The Council has to treat all people equally and this situation may come up again on another plat. Mr. Todd stated the precedent has already been set by the Council recognizing time constraints on appeal to Superior Court, but in any case 60 days is not suffi- cient. He stated he felt several people may agree that it would be a tragedy to destroy one of the better view pieces of property with lower quality housing. He stated he had hoped to appeal to the Council for reconsideration on the higher zoning classification for the best use of the property and not with regard to the property owner. Council President Hill read a letter from Frank and Joan Todd requesting the Council to accept on behalf of the City a picture of Mt. Rainier. Council President Hill requested an ordinance to accept the picture. Mr. Todd stated he and Joan would appreciate having this picture hung in the new City Hall. Mayor Bauch stated it will also hang in the old City Hall at the back of the Council Chambers. RECESS MOVED BY MS. PESICKA, SECONDED BY TRAYNOR, THAT THE 10:53 P.M. 11:00 P.M.CITY COUNCIL MEETING RECESS FOR 5 MINUTES CARRIED. Councilwoman Harris left the meeting at this time. TUKWILA CITY COUNCIL MEETING April 5, 1976 Page 8 EXECUTIVE SESSION 11:05 P.M. 11:40 P.M. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE COUNCIL MEET IN EXECUTIVE SESSION TO DISCUSS NEGOTIATIONS WITH U.S.T.M.E. CARRIED. MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, THAT THE EXECUTIVE SESSION CLOSE. CARRIED. ADJOURNMENT MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, THAT THE 11:41 P.M. CITY COUNCIL MEETING ADJOURN. CARRIED. d6,„ Edgar(/D. Bauch, Mayor f Shj/rlee A. Kinney, City !Clerk /5-3/ 1 2 3 6 7 8 9 10 11 BEFORE: 12 EDGAR BAUCH, Mayor 13 COUNCIL MEMBERS: 14 15 16 17 18 19 20 21 22 23 24 25 ALSO PRESENT: BEFORE THE CITY COUNCIL CITY OF TUKWILA 4 Re: Agenda Item 6. PUBLIC HEARINGS 5 a. Preliminary plat proposal of Todd's Rainier Vista Tukwila, Washington April 5, 1976 7:00 o'clock P.M. GEORGE HILL, Council President DWIGHT GARDNER DWAYNE TRAYNOR DAN SAUL PHYLLIS PESICKA GARY VanDUSEN CATHERINE HARRIS LAWRENCE E. HARD, City Attorney DIANE ATTLESON,.Court Reporter DIANE ATTLE-SON COURT REPORTER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS: MAYOR BAUCH: Agenda Item 6. a., a public hearing. At this time I would open the public hearing for the purpose of receiving comment from the public and from the other interested parties concerning preliminary plat proposal of Mr. Todd's Rainier Vista subplat. I would like to open the public hearing with reading into the record the Administration's staff report for the purpose of those who are here. It is quite lengthy, but I think that need to be read into the record. Ms. Kinney. THE CLERK: "To the City Council from the City Administration, the subject: Revised Administrative Report on the Preliminary Subdivision Application of Todd's Rainier Vista. Please find attached with this memorandum the Administrative Report regarding the Preliminary Subdivision Application of Todd's Rainier Vista which is scheduled to be before the City Council in a public hearing at the regular meeting of April 5, 1976. that Please be advised that RCW 58.17.1+0 states/any proposed subdivision and dedication shall be approved, disapproved or returned to the applicant for modification or correction within 90 days from date of filing thereof unless the applicant consents to an DIANE ATTLESON COURT REPORTER 2 1 extension of this time period. This item was filed 2 with the City of Tukwila on January 2, 1976, and 3 technically the 90 day period ends on April 2, 1976. 4 The City, however, can demonstrate that it has made 5 continual progress in the process of this application 6 and I see no problem as long as the Council takes acticn 7 on it on April 5, 1976. 8 I would recommend the City Council taka one of the 9 following actions on April 5, 1976: 10 1. Make a motion that the City Council intends 11 to approve this preliminary subdivision application 12 with the conditions as recommended by the administration 13 and refer the item back to the applicant to revise the 14 layout of the plan so that it will be in conformance 15 with the imposed conditions. Further, that the 16 applicant is to resubmit the revised plat layout and 17 required developer's agreement within 30 days for 18 Council consideration or the Council will at that time 19 deny the application based on non compliance with the 20 conditions they have stated a desire to see. 21 2. Deny the application since the plat layout 22 does not conform to the right -of -way requirements and 23 dedications of utilities desires of the City. 24 Since the Council has published a public hearing 25 on this matter during this meeting, the Council is free DIANE ATTLESON COURT REPORTER 3 1 to take any action they desire without being limited 2 to the recommendations of the Planning Commission." 3 THE CLERK: 1 have a question at this point. 4 Do you want me to read this section of it? Would 5 you like me to read the findings and then continue on? 6 MAYOR BAUCH: Yes, read the findings. Continue 7 reading starting with the findings. 8 THE CLERK: Okay. "Findings: 9 1. Property is 2.5 acres in area and 9 lots 10 are proposed. 11 2. Property is zoned R -3 which allows lot 12 sizes of 6,000 square feet with 50 foot minimum width. 13 (TMC 18.08.010 and 18.14.080). 14 3. The street serving this property has a 15 width of 40 feet. 16 4. Minimum widths of right -of -way for streets 17 serving residential areas is 50 feet. 18 (TMC 17.08.010). 19 5. Roadways serving residential areas must 20 provide: a. 20 feet of pavement plus 7 feet of 21 crushed rock shoulder on each side. (TMC 17.08.020 (1)). 22 b. Ditches to handle run -off anticipated on the basis 23 of a ten year storm. (TMC 17.08.110). 24 6. Various citystandar_ds exist regarding 25 utilities. DIANE ATTLESON COURT REPORTER 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 roads. 7. No turnaround is proposed on the dead end 8. State law regarding subdivisions, Chapter 134, Laws of 1974, 1st Ex. Session, Sec. 5 (RGW 58.17.110), reads as follows: 'The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made (in the subdivision) for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgroundE, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. If it finds that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and for suer open spaces, drainage ways, str'eets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If it finds that the proposed plat does not make such DIANE ATTLESON COURT REPORTER 5 1 appropriate provisions or that the public use and 2 interest will not be served, then the legislative body 3 may disapprove the proposed plat. Dedication of land 4 to any public body, may be required as a condition of 5 subdivision approval and shall be clearly shown on the 6 final plat. The legislative body shall not as a 7 condition to the approval of any plat require a release 8 from damages to be procured from other property owners.' 9 9. State law from 1969, (RCW 58.17.240) also 10 states: 11 'Except for subdivisions excluded under the 12 provisions of RCW 58.17.040, as now or hereafter 13 amended, permanent control monuments shall be 14 established at each and every controlling corner on 15 the boundaries of the parcel of land being subdivided. 16 The local authority shall determine the number and 17 location of permanent control monuments within the plat, 18 if any.' 19 Conclusions: 20 1. Proposed lot sizes and width comply with 21 zoning regulations. 22 2. It can be inferred from minimum right -of -way 23 requirements that dedication is also required. FINDING 24 8 dealing with state law should be reviewed to determine 25 if a public street would be in the public health, safety, DIANE ATTLESON COURT REPORTER 6 1 and general welfare especially relating to providing 2 public access to the property. 'Dedication of land to 3 any public body may be required as a condition of 4 subdivision approval and shall be clearly shown on the 5 final plat.' (Breuer V Fourre (1969) 76 Wn 2nd 582, 6 458 P2d 168.) 7 Dedication of right -of -way within the property 8 is not proposed. 9 3. TMC 17.08.010 (1) requiring residential 10 roads to have a minimum right -of -way width of 50 feet, 11 ten feet more than existing width of the servicing 12 street, that is, 62nd Avenue South. 13 4. The proposed roadways: a. Do provide 20 14 feet of pavement. b. Do not provide 7 feet of crushed 15 rock shoulder on each side. 16 5. All utilities must conform to established 17 city standards and should be dedicated to the city after 18 proper installation. Utilities should be extended to 19 the westerly property line and devised in such a way 20 that will accommodate future connection. 21 6. Consideration should be given to the need 22 for turnarounds on each road to protect the public 23 health, safety and general welfare. Fire Department 24 recommends a 65 foot turning diameter or a fire 25 hydrant at the end of each road. DIANE ATTLESON COURT REPORTER 7 1 7. Since no local comprehensive plan or 2 regulations exist regarding open spaces, alleys, parks, 3 playgrounds, or school sites, the proposed subdivision 4 appears to be in the public health, safety and general 5 welfare in these areas. 6 Recommendation: 7 Administration recommends approval of this 8 preliminary subdivision only with the following 9 conditions attached: 10 1. The road be constructed with a 20 foot paved 11 width, 7 feet of crushed rock shoulder on each side 12 and a ditch section be designed in accordance with 13 Tukwila Municipal Code standards and included on each 14 side of the roadways for storm water collection. 15 2. Monumentation of each corner of the 16 subdivision and each lot line as it intersects with any 17 of the road right -of -way. 18 3. That a 50 foot right -of -way be dedicated on 19 each proposed street. 20 4 That the sanitary sewer and water mains be 21 built to city standards and dedicated to the City and 22 an adequate easement be provided for their maintenance. 23 In addition, the water main be a loop system, 24 preferably through lot 7, with 3 gate valves provided 25 in the system. DIANE ATTLESON COURT REPORTER 8 1 5. Dedication of five feet of additional east 2 public right -of -way along the entir /property line 3 adjacent to 62nd Avenue South and the execution of a 4 developers agreement with the City to agree to 5 participate in any future L.I.D. to improve 62nd Avenue 6 including any utility or other related improvements 7 needed in conjunction with the street improvement. 8 6. That a 65 foot diameter turnaround be required 9 at the western terminus of each road. At such time as 10 any roads are extended west any turnaround area outside 11 of the 50 foot right -of -way shall revert back to the 12 owner of the abutting property. 13 NOTE: Local ordinances dictate the requirement of 14 item 1 in the above recommendation. State law requires 15 monumentation of each corner of the boundaries of the 16 subdivision. The additional monumentation of lot 17 lines where they intersect with the proposed right -of- 18 way is an administrative recommendation that is 19 considered to be in the public interest and state law 20 authorizes local governments to require internal 21 monumentation of lots." 22 MR, TRAYNOR: Could you tell me, does the 23 applicant have a copy of that? If he doesn't, I will 24 give him mine. 25 MR. TODD The applicant does not have a copy. DIANE ATTLESON COURT REPORTER 1 THE CLERK: I have an extra. 2 MR. TODD: Thank you. 3 (Mr. Todd takes document.) 4 MAYOR BAUCH: At this time is there any 5 comment from the public? Mr. Todd. 6 MR. TODD: Mr. Mayor, I am going to speak with 7 considerable caution tonight regarding this subject, 8 because the last time 1 was at a Council Meeting you 9 tossed me out because 1 wanted to speak to the issue. 10 Now, for the record, my name is Frank Todd, 11 I live at 14 59th Avenue South. I am the 12 petitioner in this case. 13 I an amazed to have heard the documentation 14 just entered into the record suggesting that I have 15 applied for a 9 lot plat when, in fact, my plat 16 application on the record is for 15 lots. The fact 17 is also surprising to me that the Administration has 18 entered into the subject matter of this plat. I was 19 petitioning the Council, not the City Attorney and 20 the Administration. And I should like the record to 21 show that. 22 I think the record should show that since 1974 23 this subject property has been discussed at this 24 forum three times, twice with full Council approval, 25 that means every member of the or full Planning DIANE ATTLESON COURT REPORTER 10 1 Commission approval, meaning that my application for 2 a rezone to RMH on two separate occasions was 3 unanimously approved by the Planning Commission, 4 summarily disapproved by this body. Then I applied 5 for a zoning of R on this property, and again the 6 Planning Commission unanimously approved it, this 7 body disapproved it. I an not going to argue the point 8 further on the justification for awarding the plat. 9 I am going to rely on Chapter 58 which was alluded to 10 here, and the 90 day law. Thank you. 11 MAYOR BAUCH: Any other public discussion? 12 Any discussion from the table prior to closing the 13 public hearing? 14 MR. STOKNES: Finding 1 in the staff report 15 says there are 9 lots proposed. Mr. Todd just 16 mentioned that, in fact, there were 15 lots proposed. 17 I would like to introduce why that was changed. This 18 is the original plat that was submitted showing 15 19 lots. And this is the revised one that was received 20 by our Department on February 20 with a note that 21 this revision was necessary to accommodate the 22 requirements of the Planning Commission for dedication 23 of five feet on 62nd Avenue South. It brings up an 24 interesting question, because although the note said, 25 "Kjell, these revisions are necessary to accommodate DIANE ATTLESON COURT REPORTER 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Planning Commission recommendations to the City Council," was that adequate to revise the application? And I felt it was so I included in the staff report a change from 15 lots to 9 lots. That is the wording on a photostatic copy that I am talking about. But that is the reason why. MAYOR BAUCH: Mr. Stoknes did you consider this where it says, "Kjell, this new design is necessary to meet the Planning Commission's five foot donation of street requirement. Initials F. T." As an official request to change the MR. STOKNES S did so because the Planning Commission action did cause some non conformity lots along the road that were less than 6,000 square feet. Some modification was necessary to make those lots conform to the zoning size limitation. That degree of modification wasn't necessary, but some modificatior was necessary. MAYOR BAUCH: Mr. Todd. MR. TODD: I am sorry, Mr. Stoknes that we have had, apparently, some misunderstanding. When the Planning Commis in their judgment decided that Mr. and Mrs. Todd would give to the City five feet of the easterly boundary of this 2 1/2 acres, it became obvious to me that someplace down the line DIANE ATTLESON COURT REPORTER 12 1 somebody was going to suddenly realize that we had 2 3 and possibly 4 lots affected in that these lots were 3 minimum size, 6,000 square feet as indicated in R -3 4 zoning, and these lots would be reduced to where they 5 were less than 6,000. I came to you with this sheet 6 of paper indicating to you that sooner or later 7 somebody is going to have to amend the plat so that 8 we don't have any lots under 6,000 square feet and 9 require a variance. At no time was it my intention 10 to indicate to you that I was applying for a 9 lot 11 plat. I am applying, and have been all this time, 12 for this particular plat, and this is the plat that 13 I am holding in my hand. I am going to give the a copy 14 court reporter/Of it so that she can make it part of 15 the record. And I will allude to it. This is the 16 plat that the Planning Commission considered. They 17 have never considered any other plat, including what 18 you understood, apparently, to be a substitute design. 19 MR. STOKNES: That is true. 20 MR. TODD: And the record, I think, shows in 21 the minutes two weeks ago that I stipulated to the 22 Planning Commission's recommendation on the plat, 23 and I would again so state. But I am talking about 24 the 15 lot plat that was approved with three conditions 25 by the Planning Commission. DIANE ATTLESON COURT REPORTER 13 1 MS. PESICKA: What are the three conditions? 2 MR. TODD: Monumentation; dedication of five 3 feet of the property on the easterly side and a ditch, 4 which the engineer that drew the plat inadvertently 5 left off of the squth side of one of the roadways 6 proposed. 7 MS. PESICKA: ',mould like to ask, is the City 8 or a department in the City allowed to change a plat 9 without the owner's knowledge or okay? 10 MR. STOKNES Absolutely not. I wasn't there 11 when Mr. Todd came in with that note, and the note 12 made me infer that it was his desire. And if it 13 wasn't, I apologize for that. Obviously he didn't. 14 We should just, I think each of us to make the staff 15 report right, just change the 9 lots to 15 lots and 16 consider the original plat that you you have the map 17 before you anyway. It just brings up the extra 18 question that these lots adjacent to 62nd Avenue 19 would somehow have to be enlarged to make them meet 20 the minimum zoning requirement. 21 MS. PESICKA: One other question. Is there 22 anything I don't really like the original plat, 23 but is there anything illegal about it? Is it 24 illegal to have a 30 foot private road in our town? 25 MR. HARD: I think it is. DIANE ATTLESON COURT REPORTER 1 MS. PESICKA It is illegal to have a 30 2 foot 3 MR. HARD: I think the Tukwila Municipal Code 4 provides that right -of -ways and all city streets are 5 50 feet. 6 MS. PESICKA: Even on a private road? 7 MR. HARD: Even on a private road. 8 MR. HILL: Your'Hondr, maybe the attorney can 9 explain it to me, because I just read it just this 10 evening, that in the Tukwila Municipal Code it states 11 right -of -ways, street right -of -ways, and then it says 12 roadways. And roadways shall be 20 feet with a 7 foot 13 crushed rock on either side. So it does say roadways. 14 or street. Now, it depends on whether you are going 15 to call that a roadway that runs into those lots or 16 whether you are going to call it a street. It was 17 kind of confusing to me. What is the difference 18 between a roadway and a street? 19 MR. HARD: Well, basically a roadway in 20 answer to your question, Mr. Hill is the surface 21 upon which vehicles move. Right -of -way is the land 22 underneath, you know, upon which the roadway itself 23 is built. For reasons some city council earlier 24 decided they wanted a 50 foot right -of -way, possibly 25 because in the future they may have felt that they DIANE ATTLESON COURT REPORTER 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 might want a 30 foot roadway with 10 foot gravel on both sides. I don't know. But the feeling apparently was that they wanted the width, they wanted the available land wide enough to allow the changes. And they felt that that was in the public interest to do that. There is a difference. MR. HILL: That is what I was wondering. At first reading it would appear that you could have either. MR. HARD: You will often find, for instance, that throughout King County there are lots of 60 foot right -of -way standard, but if he were to drive on that you might find it might be a two lane dirt path, in other words, with trees right down on both sides. What it actually looks like has nothing to do with what the dedicated right -of -way may be. MR. HILL: Well, we have a lot of 40 foot right -of -ways in town, but if they are ever resurfaced or if there is ever a street program they won't stay 40; they will have to go, according to this, according to the Tukwila Municipal Code, they will have to go to 50. So we are going to have to buy five feet on each side. MAYOR BAUCH: Any other public comment before we close the public hearing? DIANE ATTLESON COURT REPORTER i6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. JOHANSON: My name is Reid Johanson, 6425 South 153rd, Tukwila. I am not protesting the platting, but if the platting and I have not heard the question asked or the answer defined as regarding trailer homes. But there is an Ordinance in the City that prohibits developing of of trailer parks. I am greatly concerned that if a trailer park is to be developed on these lots, I would like to know that. That is your prerogative to ask that question. Otherwise if it is trailer homes to be developed or a trailer court to be developed on this platting, then I enter an objection. MAYOR BAUCH: Thank you for your comment. MRS. HARRIS: Perhaps Mr. Todd could explain what the use of the property would be and answer that question. MR. TODD: I believe you are infringing on my constitutional rights as a businessman to protect my interests, Mrs. Harris and Mr. Johanson. So I am going to decline to answer based on that. MRS. HARRIS: Thank you, Mr. Todd. Mr. Mayor, thank you. At the Planning Commission meeting I am looking up the minutes of 29 January, 1976, Mr. Johanson asked if the property would be used for DIANE ATTLESON COURT REPORTER 17 1 a trailer park. Mr. Todd replied it could be. And 2 just previous to that question and answer, Mr. Todd 3 pointed out that the entire plat is to remain in 4 private ownership and is not for sale. 5 MR. TODD: That's correct. 6 MRS. HARRIS: Now, at one of the previous 7 Council Meetings Mr. Todd was asked about the use of 8 the property and heindicated that it would be 9 duplexes and a form of housing. Now, I think we 10 could reread the opening sentence Q-f the statute 11 that has been twice quoted in the staff report. 12 "The city, town, or' county. Iegislative body shall 13 inquire into the public use and interest proposed to 14 be served by the establishment of the subdivision 15 and dedication." I believe that this legislative 16 body does have the right to inquire into the use. 17 Now, duplexes are fine, but a mobile home, perhaps 1 even two mobile homes on one lot, in a proposed 19 development to be retained in private ownership is 20 another matter. I recognize that this body at this 21 point does not have the we are not considering 22 whether or not a mobile home is to be approved or 23 not approved on this land. We are inquiring into the 24 use of the property and does it benefit the public. 25 And to that end I think we do have the right and we DIANE ATTLESON COURT REPORTER 18 1 are not violating anyone's constitutional rights. 2 At this point I would like to point out that a 3 trailer court or a mobile home park as defined by 4 our own Ordinances is defined as a lot that has 5 more than two or more trailers parked on it, and 6 it takes a conditional use permit of the Planning 7 Commission upon application by an applicant to sit 8 in judgment of that matter. So we are not trying to 9 convey the feeling of whether or not we are 10 approving or not approving a trailer court, but we 11 do have the right to inquire into the use of the 12 property. So I put the question again, Mr. Todd, 13 do you still not wish to declare what the use of the 14 property is? 15 MR. TODD: Mr. Mayor, with your permission 16 I will answer Council Person Harris' question. The 17 record is clear with regard to what I intend to use 18 this property for. Originally I intended to use it 19 for a high class -high rise, beautiful residential 20 place. My second request was for a four story R -4 21 zoning to use the land, which happens to be, in my 22 opinion, one of the better views in the city, and I 23 think you will all agree a nice lying piece of land. 24 It is not my intention to destroy the City of 25 Tukwila to do something unnecessarily. But I have to DIANE ATTLESON COURT REPORTER 19 1 develop the property as best I can, given the 2 conditions that I am confronted with here. I think 3 we have got some votes on this Council that 4 obviously shouldn't even be here tonight regarding 5 this matter, because they have a conflict of interest. 6 And I think -most of you know what 1 am talking about, 7 especially those two people involved. But in answer 8 to Mrs. Harris' question, I will go so far as to say 9 that there will be installed on this property, 10 whether I get the plat or don't get it, a form of 11 housing, and that is as much as I will say, a form 12 of housing as allowed under the law. Whether it is 13 the city law or state law or federal law, 1 am not 14 about to say because I am'not qualified to say. 15 MRS. HARRIS: Two things. If 1 may direct a 16 question to Mr. Todd again. Mr. Todd, did you know 1 what the zoning was when you bought the property? 18 MR. TODD: That I don't believe is appropriate 19 and I refuse to answer. Of course I knew what the 20 zoning was, and I know what it should be. So I 21 answered your question. Thank you. 22 MRS. HARRIS: Now, I would like to ask Mr. 23 Todd to please explain your reference to the conflict 24 of interest that you believe certain members of this 25 Council have, and please be definite in your DIANE ATTLESON COURT REPORTER 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 allegations and enumerate who those people are that you believe have a conflict of interest. MAYOR BAUCH: I think that we are getting off MRS. HARRIS: Well, this is important, Mr. Mayor, if you will please indulge me for just a moment. Because my next question is to ask Mr. Hard if indeed there is a conflict of interest and request of him his advice on what Mr. Todd says. MR. TODD: Mr. Mayor, I would be pleasedto answer Mrs. Harris.' As of today we have a Cross Complaint set in Superior. Court., that we didn't get out today, it will be out tomorrow. Mrs. Harris is involved in that quite deeply as well as Mr. Gardner and Mrs. Gardner. And that is the reason I brought up the conflict of interest. MAYOR BAUCH: The third part of the question, would you care to address that, Mr. Hard. MR. HARD: That is a tough question. There actually seems to be two issues that you can talk about: one is a conflict of interest and the other is some kind of appearance of fairness doctrine over which there are laws in this state. Normally conflicts of interest are those cases in which somebody who is in a decision- making capacity who is DIANE ATTLESON COURT REPORTER 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in a position to gain, usually some personal financial gain from that, should be disqualified from making those decisions because they are in conflict of interest. The appearance of fairness is a lot more difficult to define, and there has never been as far as I know any case that even remotely resembles what we may have before us right now. I don't really know what to say. Normally appearance of fairness and the conflict of interest involve adverse property interests or adverse economic interest. In other words, there are some cases in this state from about 1969 to the present involving members of planning commissions that are invited to go out and look at the property site in question, and their expenses are paid. for by the property owner. They then go back to make their decision. Those circumstances have been found to be a violation of the doctrine of fairness, because there is an appearance that somehow they may have been influenced in going out and looking at the property by having somebody pay their expenses. These particular facts are really beyond any cases that I am aware of. I hate to hazard a guess, but I think that well, I guess what I am driving at is I think that under these circumstances a court DIANE ATTLESON COURT REPORTER 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would have to look at Mr. Todd has referred to a lawsuit as to the circumstances giving rise to that lawsuit. I am not sure I can give you a good answer. I think there may be some problems, but they are remote. I think the circumstances are well beyond any case that we have now. I think, based on case law that is in existence at this moment, there is a probably better than 50 -50 chance that there would be finding of'no violation. But this could be the case that could find a violation of the doctrine of fairness. MS. PESICKA: I. would like to say that I think we are getting bogged down in personalities here. First of all ,the Council has the right to ask any question it so chooses. Mr. Todd is not in a court of law where he-is sworn to tell the truth or answer any questions, so he doesn't have to answer if he chooses. So let's get on to something else. MAYOR BAUCH: This current discussion was opened by Mr. Todd, and once the question is asked we have to explore it. Now, any other reference to this will now be out of order. Any other questions of discussion? MRS. HARRIS: I respect your last remarks about reference to this. I would like to try my best DIANE ATTLESON COURT REPORTER 1 to protect these proceedings, if I may offer an 2 additional comment, and then I will get off this 3 particular trend. 4 MAYOR BAUCH: Proceed if you don't raise any 5 new questions or if you are only answering those 6 questions that are on the 7 MRS. HARRIS: It is in regard to the Cross 8 Complaint and what has been mentioned this evening. 9 This lawsuit in February I additionally dislike 10 discussing a civil lawsuit between two parties at 11 the Council table. However, Mr. Todd did file a 12 lawsuit against myself and Councilman Gardner and 13 another party in February of 1974 considerably in 14 advance of his then subsequent applications to this 15 body. And a Cross Complaint filed by us was in 16 the due process of defending ourselves. I am not 17 responsible for the actions by Mr. Todd against 18 myself in the civil matter. But I nevertheless feel 19 it is my responsibility as a legislator of this city 20 to seriously consider all matters. I do not feel 21 that I have a conflict of interest, because I have no 22 economic interest in any way with the subject now 23 pending before the Council. 24 MAYOR BAUCH: Any other discussion? 25 MRS. BERNHARD: I would like to say something. DIANE ATTLESON COURT REPORTER 25 1 I am Anna Bernhard, 142.1 59th South. I don't 2 know what Mr. Todd has in mind to build on this 3 property, but I certainly, as a citizen, would much 4 prefer to have a high class -high rise building on 5 that beautiful boulevard than a mobile home park or 6 trailer park or, you know, anything like that. And 7 I am sure, you know, once it would be built it would 8 be an asset to the City. But that is a natural for 9 hotels and high rise apartments as far as I can see. 10 Also, I wonder when the time will come when 11 our hard working Planning Commission will ever be 12 rewarded in this City? It seems like all of the 13 years I have been sitting here, every decision they 14 make Council says, "No, we will do it our way." 15 Why do we have all these hard working people on the 16 Planning Commission? We never listen to them. 17 Thank you. 18 MAYOR BAUCH: Any other discussion that applies 19 to the subplat? 20 MR. HILL: Your Honor, I've got a question 21 for Kjell. There is quite a bit of difference between 22 this Planning Department memorandum that says it is 23 from the City Administration than it was from the 24 Planning Commission. Now does this have to go back 25 to the Planning Commission? DIANE ATTLESON COURT REPORTER 26 1 MR. STOKNES No. What has transpired is 2 a Planning Department recommendation to the Planning 3 Commission, the basic difference of which was that 4 Staff interpreted that a right -of -way was for 5 public dedications and where our City Attorney, 6 after we checked with him, said, no, a right -of -way 7 is that area in which a street lies and 8 associated utilities, whether it is public or 9 private. So this is the reason. And then the 10 revised report is a revision of the original Planning 11 Department report, which basically includes the 12 right -of -.way. addition to make it in conformance with 13 the City Atorney'.s opinion. The Planning 14 Commission recommendation was three items, and they 15 didn't go along with the Planning Department report 16 on the matter. Did I answer your question? 17 MAYOR BAUCH: Mr. Hill, if you will review 18 the Staff recommendations to the Planning Commission 19 and the. `Sta.ff :recommendations to the City Council, 20 you will find that they are identical, except for 21 _there is one that is not in the Staff recommendations, 22 provision be made for allowing access through this 23 property to the property to the west. And that was 24 not made in the recommendation to the Council. If 25 you will read the other recommendations, they are DIANE ATTLESON COURT REPORTER 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 identical to both bodies. MR. HILL: The recommendations, but what the Planning Commission came up with wasn't this. They didn't go along with all this. MAYOR BAUCH: That is very true. MR. TODD: May I once more speak into the record for fear you are going to fire the court reporter when you close the public hearing. I just want the record to note that this Council has never to this date voted on the recommendation of the Planning Commission and the resolution that resulted in.the Planning Commission's recommendation. We are ndwat the public hearing stage without allowing the Petitioner to determine what, if anything, is wrong in the opinion of the Council with the Planning Commission recommendation. Thank you. MAYOR BAUCH: Any more comment to be made? With that _I will close the public hearing. What is the Council's pleasure? MS. PESICKA: We can't act on this the same night as the public hearing, can we? MAYOR BAUCH: Oh, yes, we can. We have to act. We can act at this time. MS. PESICKA: I thought we weren't allowed to. MAYOR BAUCH: A motion is in order. DIANE ATTLESON COURT REPORTER 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MRS. HARRIS: Mr. Mayor, will there be Council discussion on the proposed changes to the Planning Commission recommendation? MAYOR BAUCH: You can amend the preliminary plat, you can accept it as is or you can deny it. Those are your options. MS. PESICKA: Are we allowed to amend the plat without the agreement of the property owner? MAYOR BAUCH: Yes, you have had your public hearing. You can do anything you want to do. The ball is in the Council's court. MRS. HARRIS: Mr. Mayor, I would move that this plat be amended to provide a 50 foot right -of -way on, each of interior streets MAYOR BAUCH: You are addressing yourself to the resolution? MRS. HARRIS: Well, perhaps, Mr. Mayor, I should withdraw. My thoughts weren't quite congealed yet, so it would probably not be a good idea. MS. PESICKA: I would rather just deny the plat than try to amend it without the owner's request. So I will make a motion that the plat be denied. MAYOR BAUCH: Do we have a second? DIANE ATTLESON COURT REPORTER 29 1 2 3 4 5 6 7 8 9 10 11- 12 13 14 15 16 1-7 18 19 20 21 22 23 24 25 MR. TRAYNOR: I will second it. MAYOR BAUCH: It has been moved and seconded that the preliminary plat be denied. Is there any discussion? MR. VanDUSEN: I don't know if this is the correct time to bring this up, but it seems that, you know, this Council and previous Council maybe has been unfair. That is debatable whether it has or not. But I believe our new Comprehensive Plan calls out for this to be a multiple use area. Many of us do not want to see the type of development that was alluded to here. But what are we forcing Mr. Todd into? I am sure we are forcing the City into another lawsuit, and if I was the applicant I would probably sue you also. MAYOR BAUCH: °Is that a comment or a question? MR. VanDUSEN: That is a comment, I guess. But how:are we going to they are kind of questions for everybody to think about how are we going to, you know, equitably meet the needs of the City and Mr. Todd here? MR. TRAYNOR: First off I would like to make two points. First off that is zoned multiple already, to answer your question. Regardless of what the plan says, it is zoned multiple. I did second DIANE ATTLESON COURT REPORTER 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the motion to deny it. I am not entirely in favor of denying it. I am more in favor of putting down what the Council wants in that subdivision as a preliminary subdivision and give it back to the applicant. MS. PESICKA: I am not totally in favor of my own motion either. I just feel that it should be given back to Mr. Todd to decide how he wants to change it, not for us to sit up here and tell him how it is supposed to be. MR. HARD: Mr. Bauch, I think in all fairness to the applicant if the Council takes action to reject or deny the permit, I think you should state the reasons for your action. I think he is entitled to that. It certainly -.I am just telling you that if that motion passes, I think that should be a part of it to set forth the reasons. MR. TRAYNOR: The first recommendation on the particular motion from the Administration on here sets forth what Mr. Hard has said, we give the applicant an indication of why we are denying it. It gives him the choice of resubmitting it back or letting it die. It gives him the choice, but at least we have stated at least those reasons, unless there is more to that, more than what is already on there. DIANE ATTLESON COURT REPORTER 31 1 MS. PESICKA: I think Skip pretty much said 2 what I wanted to say. My reason for making the motion 3 to deny it is to give him the chance to say, "Well, 4 okay, I will do it this way." Not for us to say, 5 "Thi-s is changed this way or that way." Because it 6 14 not. our property; it is his. 7 MR. Van DUSEN: Well, I will bring out what my 8 reasoning. is. One, I don't like to see that part of 9 the City chopped up into little parcels there. I will 10 come out and say that I really favor what Mr. Todd 11 proposed as far as R -4 12 MR. ALL: Your Honor, I have sat and watched 13 that side hill down there through another four years 14 in working with the Planning Commission. Oh, there 15 was a lot of thoughts came in to what was the best use 16 for that land. And at one time there was a proposal 17 made by our first Planning Director that they run a 18 street along just about 200 feet back, just along the 19 edge of that hill, and make all the access from above 20 and have that all be professional offices: lawyers, 21 doctors, dentists and Indian Chiefs, I guess. But 22 this was one of the proposals. I can't see if the 23 rest of that or unless we the Council is going 24 to have to take a stand and hold everything down 25 there to R -3, because if we have a R -3 property and DIANE ATTLESON COURT REPORTER 32 1 you put in duplexes and you surround that with RMH, 2 you are going to have some undesirable housing to try 3 to rent and it is going to turn into a slum. That 4 is .a rather gross term, but it could turn into an 5 undesirable housing project where it would actually 6 Cost the owner, whether it be Mr. Todd or whoever, 7 it could cost him money. And I can't see the Council 8 for the good of the City, because I still think the 9 Council is sitting up here for one reason and that is 10 for the good of the City, not for the good of the 11 applicant. I mean the City is the only one that we 12 should be involved with. If the applicant, you know, 13 if he can't well, he has tried three different 14 ways now, he has tried RMH and went to R and now 15 he wants to subdivide it. He is trying to find some 16 way of breaking even with that piece of property. 17 And I don't know. 18 MAYOR BAUCH: I would like to make an observation 19 here. We spent quite a bit of time discussing what 20 Mr. Todd was going to do with the property. Now we are 21 discussing what the zoning is. The issue before the 22 Council is subdivision plat. I think we should hold 23 ourselves to this issue. Mr. Traynor. 24 MR. TRAYNOR: All I was going to do is turn 25 around and call for the question on that first motion DIANE ATTLESON COURT REPORTER 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and ge t if off the floor. MAYOR-BAUCH: Any other discussion on the motion on the floor? MR. SAUL: Question. MR. TRAYNOR: It has already been called for. MR. VanDUSEN: The reason I was answering the way I did is because Mr. Hard said that we should give reasons to the applicant. MAYOR BAUCH: Well, I can either entertain an amendment to the motion or we could have another motion. MR. VanDUSEN: No MR. GARDNER: I can see emergency vehicles getting stuck on a 30 foot street, dead end, fire trucks go in and have a hard time getting in. If they are needed someplace else, they have a hard time getting out. MAYOR BAUCH: The question having been called, all those in favor of the motion to deny the subdivision plat, signify by saying "Aye Those opposed. (A vote was taken.) MR. TRAYNOR: I am opposed to just flat out denying it. MAYOR BAUCH: A roll call has been requested. DIANE ATTLESON COURT REPORTER 34 1 The Ayes to deny the plat. 2 THE CLERK: Mr. Gardner. 3 MR. GARDNER: Yes. 4 THE CLERK: Mrs. Harris. 5 MRS. HARRIS: Yes. 6 THE CLERK: Mr. Hill. 7 MR. HILL: Yes. 8 THE CLERK: Ms. Pesicka. 9 MS. PESICKA: Yes. 10 THE CLERK: Mr. Saul. 11 MR. SAUL: Yes. 12 THE CLERK: Mr. Traynor. 13 MR. TRAYNOR: No. 14 THE CLERK: Mr. VanDusen. 15 MR. Van DUSEN: Yes. 16 THE CLERK: Six to one, Mr. Mayor. 17 MAYOR BAUCH: The motion is carried to deny the 18 plat. 19 I will entertain a motion of instruction either 20 to the Planning Commission or to the well, I will 21 just entertain a motion of recommendation. 22 MRS. HARRIS: Mr. Mayor, this is not in 23 pursuance of the motion. I would like to, however, 24 also move that the Council formulate its specific 25 reasoning for the denial of the plat and enumerate DIANE ATTLESON COURT REPORTER 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 them so they will also be part of the record. MS. PESICKA: I second the motion. MAYOR BAUCH: It has been moved and seconded that the Council formulate a position well, would you read that back? THE CLERK: I have: That Council formulate their special reasoning and submit to the applicant MRS. HARRIS: That wasn't what I said. Formulate its reasoning for the denial and enumerate the reasons for the denial so it will be part of the record. MAYOR BAUCH: May I make a question of the mover? What is the time frame that you are speaking of now? MRS. HARRIS: Immediately, your Honor, right now, tonight, this evening. MAYOR BAUCH: Can't we put it in the motion to start with? MR. VanDUSEN: Isn't it part of the record already really for many of us? MAYOR BAUCH: To answer your question, a lot of things have been alluded to but it has not been specifically spelled out at this table what they are for and what they aren't. MR. VanDUSEN: Okay, go ahead. DIANE ATTLESON COURT REPORTER 36 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 1 MAYOR BAUCH: Is there any discussion on the 2 motion? 3 MR. SAUL: Question. 4 MAYOR BAUCH: Those in favor of the motion 5 signify by saying "Aye Opposed. (A vote was taken.) MAYOR BAUCH: The motion is carried. Do you want to implement that motion now? MRS. HARRIS: Mr. Mayor, I would move that the reasons for the denial of the preliminary plat submitted by Mr. Todd was because it does not serve the public use and interest in that the streets do not meet minimum city standards, is one. Secondly, there is no provision for adequate turnaround facilities for emergency vehicles. I don't know, Mr. Mayor, there may not be complete agreement I know I am interrupting my own motion there may not be complete agreement among all the Council Members on each thing. So I would like to move that we I would like to present it in the fashion that we discuss each reason separately, rather than lump them all together. MS. PESICKA: Each person who denied it, say 24 why. You_,mean each person that denied it say why? MRS. HARRIS: No. DIANE ATTLESON COURT REPORTER 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR BAUCH: May I suggest a method of doing this? I recommend,as a vehicle to get started, that somebody move the adoption of the findings of the Staff report, and then by amendment you can amend each of the eight articles to change them. That is just a suggestion. You have eight you have six items in the findings of the Staff report, then you can amend them by amendment to the motion. MR. VanDUSEN: How about at the Committee-of-the Whole? I will move that we formulate this at the Committee -of- the -Whole next week. MR. HARD: Really, I think that in all fairness to Mr. Todd you had better make it clear at this point. He has got to know and he better know tonight. MR. VanDUSEN: That is true, too. I will withdraw it. MR. TRAYNOR: I would like to make a motion that the reason for denial of this preliminary subdivision is based on the six items under recommendation of page 3 of the April 5, 1976 Administration report. MR. SAUL: Second. MAYOR BAUCH: It has been moved and seconded -that the `reason for denial of the preliminary plat is the recommendations on ,page 3 of the April 5th Staff report. DIANE ATTLESON COURT REPORTER 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HARD: I think you could add that the plat as proposed does not conform with those recommendations. MAYOR BAUCH: Would you accept that? MR. TRAYNOR: I accept that. MR. SAUL: I accept that. MAYOR BAUCH: Any discussion? MR. SAUL: Question. MAYOR BAUCH: All those in favor of the motion signify by saying "Aye Opposed. (A vote was taken.) MAYOR BAUCH: The motion is carried, unless somebody wants a division of the house. (No response.) Any more discussion on this matter? (No response.) (Hearing concluded.) DIANE ATTLESON COURT REPORTER 39 5 7 8 9 I, DIANE ATTLESON, hereby certify that I am a 10 qualified and experienced shorthand reporter; that I 11 12 13 14 15 16 17 18 19 20 April, 1976. 21 22 23 24 25 1 BEFORE THE CITY COUNCIL 2 CITY OF TUKWILA 3 Re: Agenda Item 4 6. PUBLIC HEARINGS a. Preliminary plat proposal of 6 Todd's Rainier Vista reported in shorthand the hearing in the above entitled case, held on April 5, 1976, before Edgar Bauch, Mayor; and Council Members, that I subsequently caused my shorthand note.; to be reduced to typewriting; and that the foregoing and hereto attached 39 pages of typewritten matter, numbered from 1 to 39, inclusive, constitute a full, true and accurate a transcript of the oral proceedings had at said hearing, so taken by me in shorthand as aforesaid. Dated at Seattle, Washington, this 9th day of DIANE ATTLESON COURT REPORTER in 4 Reporter