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HomeMy WebLinkAbout1977-01-03 Regular MinutesJanuary 3, 1977 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL PUBLIC HEARINGS CHG International Waiver Request Tukwila School 7:15 P.M. TUKWILA CITY COUNCIL REGULAR MEETING 31,560.86 7,068.02 7,977.36 1,261.36 47,867.60 7 o f Tukwila City Hall M I N U T E S Council Chambers Mayor Bauch, presiding, led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN John McFarland, Administrative Assistant; Steve Hall, Public Works Director; Kjell Stoknes, OCD Director; Hubert Crawley, Fire Chief; Lawrence Hard, Deputy City Attorney; Maxine Anderson, City Clerk. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE MINUTES OF THE REGULAR MEETING OF DECEMBER 20, 1976 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Vouchers No. 1323 1408 Current 1323 1384 Street 1385 1396 Water 1397 1400 Sewer 1401 1408 Mayor Bauch announced that this item was of great interest to the ciitzens of the McMicken Heights area and that there was a group at the school waiting to be heard during the Public Hearing. MOVED BY HILL, SECONDED BY SAUL, THAT THE MEETING BE RECESSED AND RECONVENED AT TUKWILA ELEMENTARY SCHOOL IN 15 MINUTES. MOTION CARRIED. Mayor Bauch announced that Diane Attleson, Court Reporter, is in attendance to record the Public Hearing. Verbatum transcripts will be available through her office at 607 Central Building, Seattle, 11a. phone 622 -0111. He then called the Regular Meeting back to order and introduced City Attorney Larry Hard. Attorney Hard stated that this is a Public Hearing, it is important,it is required by the law that it be conducted in an objective and fair manner. The Appearance of Fairness Doctrine requires that the Council, as the finder of fact and as the legislators of the City must, at all times, be objective and fair in decision making. Attorney Hard stated that there are guide lines for each of the Council members to consider. After they have had a chance to think about them he will ask if anyone of them feels it would be inappropriate for him to remain as a voting member of the Council for this hearing. The Doctrine requires that, if you have financial interest in the outcome of this hearing, either directly or indirectly, you should not be a finder of fact and should not vote on this matter. Second, you should consider whether you have conducted yourself, prior to this hearing, in a way that would render you not a disinterested person. Public Hearing Mayor Bauch opened the Public Hearing on the granting of a waiver to Opened, 7:22 P.M. Tukwila City Council Resolution #489 as requested by CHG International, Inc. He introduced Kjell Stokness, OCD Director, who gave a brief review on the background of the request for waiver. Mr. Stoknes explained that the property in question is North of South 160th Street and East of 51st Ave. South. It is presently zoned for apartments (RMH). The proposed development is for two or three story buildings. The waiver under discussion is to Resolution #489, adopted August of 1975. The Resolution limits rezones or changes in the Comprehensive Plan, unless they come before the Council first and be granted the right to actually make the application to the City Staff. In addition, it also requires a waiver through the City Council for actions that are proposed in potentially unstable areas or areas where there is significant amounts of storm water run -off. TUKWILA CITY COUNCIL REGULAR MEETING January 3, 1977 Page 2 Public Hearing Continued /7 /o This evening the Council is considering whether or not the proposed development is safe to build based on the geology and soils of the property as well as the standing water on the property. The applicants have submitted a site plan, soils analysis and a Geotechnical Evaluation Report. Mr. Stoknes noted Section 4:C of Resolution #489 which says that after the preparation of an Environmental Impact Statement, if one is done, the Council finds that whatever the action is can be precedent setting or contains significant environmental impacts which will not be solved they can again take action and deny the building permit. However, this is not an item to be considered this evening. Mayor Bauch introduced CHG International as the Developer of the property and offered them time to make a presentation to the Council. Mr. Thomas L. Fishburne, Attorney; 2200 One Washington Plaza, Tacoma; introduced himself as representing CHG International. He requested an answer to Attorney Hard's submittal to the Council on the Appearance of Fairness Doctrine before proceeding. Attorney Hard agreed, no one at the Council table volunteered they should abstain from voting. Mr. Fishburne stated that their submittal would address Sections 4:D.1 and 4:D.2 of Resolution #489. He pointed out that the Notice of Public Hearing was limited to these two sections. It does not include Section 4:C mentioned earlier by Mr. Stoknes. He explained that the proposed development is for 148 units on 11 acres, with 11 buildings built in Garden Court Style. The Developer, CHG International, is an experienced builder of both single and multiple family buildings. Mr. Fishburne introduced Dr. George R. Knight of Pacific Testing Laboratories whose Company prepared the soils testings report that was submitted to the City; Mr. Thomas A. Johnson, Architect and Planner from CHG International and Mr. Frank Alberti, one of the property owners. He explained that their approach is to establish the evidence by two objectives: 1. To establish that neither 4:D.1 nor 4:D.2 are applicable to the site. 2. To show they can meet all requirements for a waiver Mr. Fishburne introduced four exhibits: #1 two Staff Reports, #2 the Geophysical Report, #3 large plot plan, and #4 cross section drawing. He asked if the opposition had exhibits to introduce. Mr. Dennis L. Robertson introduced himself as President of the Tukwila McMicken Action Committee and stated that this is not a court hearing and he did not feel it was necessary to mark exhibits nor have their Attorney present. Mr. Fishburne introduced Dr. Knight who explained his background in Soils Mechanics. He explained that they were contacted by Mr. Alberti to do a Geotechnical Appraisal of the site and explained how the study was accomplished. He concluded that the eleven acre site has been carefully appraised for all geotechnical aspects of the development as planned by CHG International, Inc. From field evaluations and research of the site, no geotechnical conditions were found that would bar the development as planned at its current level. The subsoil conditions can be classified as excellent for the support of the surface facility planned. Mayor Bauch asked if anyone else wanted to speak in favor of this development. Miss Helen Nelsen, former property owner, gave a brief history of the annexation and rezone of the site. This occurred in 1960. Mr. Glen Butler, adjacent property owner to the South, stated that his property was tested and approved for a four story building about seven years ago. Mr. Tom Carey,corner 53rd and Klickitat, purchased the property adjacent to the proposed development site as an investment because it was zoned RMH. Any change in zoning now will directly affect him. TUKWILA CITY COUNCIL REGULAR MEETING January 3, 1977 Page 3 Public Hearing Continued /71/ Mr. John L. Barnes, property owner and resident of the area, annexed his property and had it rezoned to RMH in 1961. He stated he is in favor of this development. Mrs. Warehime, property owner to the North, spoke in favor of this development. Being no further comments in favor of granting the waiver, Mayor Bauch recognized those opposed. Mr. Leo J. Sowinski, 16050 51st Ave. South, read the petition presented to the Council by the McMicken hill home owners to deny request for waiver to the Tukwila Comprehensive Land Use Plan by the CHG International, Inc. of Tacoma, Washington. He stated that there are 282 signatures. Mr. Dennis L. Robertson read his letter to the Council dated December 30, 1976. His letter states that the residents of the McMicken Heights area would like the Council to turn down the request for waiver simply because they have petitioned the Council to do so but realize that this wouldn't be fair or legal. Therefore, they have attempted to learn and apply the correct laws, procedures and logic. The letter further states that it is their Attorney's opinion that 4:0.1, 4:C.2 and 4:D.3 can and should apply at this time. His letter raises several questions concerning the engineering reports provided by CHG. He concludes that the spirit of Resolution #489 was to delay any significant new land usage until the people affected could state their desires. We know our desires no large apartments on our hill. Mr. Robertson asked the City Attorney if Sections 4:C and 4:D.3 apply at this time. City Attorney Hard stated that this request is not a major action and does not require an Environmental Impact Statement to apply for a building permit. If Council grants the waiver and an application for a building permit is received, then an environmental assessment will be required. After an environmental assessment has been filed then Section 4:C may apply. Mayor Bauch asked if there were further comments from the audience. Mr. Bill Street, 4617 So. 166th, stated that he had property on South 166th which was suppose to be stable but it wasn't. Mrs. Darlene West, 5212 South 164th, asked about the triangle site marked Washington State in the middle of the development. She was told it belongs to the State Highway Department. She questioned the stability of this land, noting that 53rd Ave. South continues to have sliding problems. Mr. Bud Evans questioned the slide area 200 feet North of this site and noted that a significant earthquake could cause slides. Mr. Jim McKenna, home owner in the area, quoted from the Tukwila Data Inventory and noted that the area in question is marked as unstable on the map. Mrs. Lasher stated that they had tried to purchase property from the State that is adjacent to their property and the State says the land is unstable and will not sell it to them. Mrs. Cole, 51st Ave. South, noted that during the construction of the freeway there was a terrific slide and this showed that there is blue clay underneath. Blue clay is slippery. Mr. Robert Crain, South 163rd Place, noted that Klickitat is buckling in the vicinity of the South bound on -ramp to I -5. This has shown up just since the State started work on the bridge. Mrs. Joan Hoskin has been a resident of the area for 37 years. It is suburban, residential and should remain so. She noted there has been drainage problems for many years. TUKWILA CITY COUNCIL REGULAR MEETING January 3, 1977 Page 4 Public Hearing Continued Mr. John Shone, corner 4617 E� South and So. 160th, noted that when he was building his basement it filled with about 22 feet of water. There is a lot of water run -off under this ground. Mr. Ernie Onorati, resident of the area for over 20 years, noted water run -off problems that had occurred in the past in this area. Mr. Steve Hall, 4305 South 158th, stated that the citizens from his area had signed petitions against a rezone in August of 1976. He quoted from a letter he had written the County at that time in opposition to rezoning any property to apartments in his area. Mr. Fred Shoemaker, 4900 South 151st, stated that he uses Klickitat Ave. and has noted many street problems due to disturbances underground. Mr. McKenna stated that this is precedent setting and will not be mitigated, quality of air and noise will get worse. In his opinion, Resolution #489 is against granting this waiver. Mrs. McKay, So. 164th, we do not need any more traffic in this area. Mr. Harry Van Wyck asked about the availability of utilities and was told that water and sewer are available, storm drainage will be discussed further. Mrs. Darlene West said she wondered about this being precedent setting. It seems more logical to have a dividing line between residential and apartments. It seem that the main highways should be the dividing lines. The City Council is committed to do the best for the most people in its City and these single family dwellers are the most. Other residents asked questions concerning drainage, lateral stability, slide possibilities, plot plan, exits, etc. Mr. Knight spoke again on these points and noted that they are included in his report. Mr. Fishburne reviewed the exhibits presented and stated that they can not solve the emotional problem, the issue is strictly engineering. He suggested to the Council to grant the waiver subject to the provision that Pacific Testing Laboratories be retained, at the developers expense, to give official certified approval to the drawings before a building permit is issued. They can deal with Section 4:C at a later date. Mr. Robert Crain asked if the Council does grant the waiver will the citizens have assurance it will come back to the Council later or will it go through the Planning Staff and the local regional government agencies for their approval. Mayor Bauch called a short recess to allow the Court Reporter time to change tape in the recording machine. The meeting was called back to order and Mayor Bauch stated that he would recognize anyone who had something new to offer. Mr. Dick Goe, resident, stated that the Comprehensive Plan that was in existance at the time of the original rezone has come under concern to the extent that a new Comprehensive Plan is being worked on. The problems of consideration here is engineering. He discussed Resolution #489, the soils report and engineering. He noted that he is not speaking on behalf of nor for this development. He stated, since the discussion is purely on a technical level, it will have to rest with the technicals on this particular Section of Resolution #489. They will have to rest their case with the City Council that the other portions of 489 were put in there for the protection of the land owners and that they will be considered. There being no further comments, Mayor Bauch declared the Public Hearing closed. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THIS ITEM BE REFERRED TO THE COMMITTEE OF THE WHOLE MEETING OF JANUARY 10, 1977. TUKWILA CITY COUNCIL REGULAR MEETING January 3, 1977 Page 5 7/3 Waiver request Councilman Traynor stated that the Council has the information here this CHG International evening and he feels there is no reason to delay another week, the Continued Council should act on this now. City Hall Site Councilman Harris suggested, since the agenda for the Committee of the Whole meeting is already full, that the Council go into a Committee of the Whole meeting now to discuss this. Councilman Van Dusen stated he would like a chance to research some of the points that were brought out. Councilman Saul stated that the people have come here tonight to hear what the Council has to say. *ROLL CALL VOTE: 4 NOS GARDNER, MS. HARRIS, SAUL, TRAYNOR; 3 AYES HILL, MS. PESICKA, VAN DUSEN. MOTION FAILED. MOVED BY MS. HARRIS, SECONDED BY TRAYNOR, THAT THE COUNCIL CONVENE INTO A COMMITTEE OF THE WHOLE MEETING FOR THE PURPOSE OF DISCUSSING THIS. MOTION CARRIED. Council President Hill presided at the Committee of the Whole Meeting. Councilman Traynor noted that Resolution #489 was passed to allow time to complete the Comprehensive Plan. He stated that his understanding is that you have to take the whole Resolution, not a piece at a time. If you are going to waive Resolution #489 you consider every item. Council continued to discuss items that had been raised during the Public Hearing. They asked for clarification from Kjell Stoknes, OCD Director, as to maximum units that could be built on the property, questioned the height requirements and asked if the City had been furnished material to back up the soils report. Councilman Harris stated concern that the Council has seen nothing that says this is unstable ground and this was causing a dilemma. Councilman Traynor asked where the data from the Data Inventory map came from and was told from USGS maps. There being no further discussion, MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE COUNCIL GO BACK INTO REGULAR SESSION. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE WAIVER BE DENIED. MOTION CARRIED. 9:50 P.M. Mayor Bauch declared a 5 minute recess. CITIZEN'S COMMENTS Foster Golf Bill Aliment, Foster Golf Course, said that there are many people Course wondering the status on the purchase of the Golf Course as they have had no communication with the City. He offered help to the City in obtaining a professional committee to evaluate the facility. Mayor Bauch stated that the City's Financial Agent has a copy of the books and that Staff is compiling information. The City is attempting to put together enough information so they can make a reasonable and intelligent assessment. He stated that he was hoping to have a report back to the Council in about two weeks. Mr. Kjell Stoknes, OCD Director, stated that the City should be ready for financing by the first part of March and finalize the plans by June 1st. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Mayor Bauch's letter dated December 30, 1976 to the City Council was read for the record. He stated that he is disappointed, as were many others, in not receiving the federal grant for the construction of the City Hall. There are two basic questions to be answered; 1) where is the facility to be located,and 2) how is it to be financed. I cannot make any recommendations to the council on question number two until question number one is answered. TUKWILA CITY COUNCIL REGULAR MEETING January 3, 1977 Page 6 PETITIONS, COMMUNCIATIONS, APPEALS AND SIMILAR MATTERS CONT. City Hall Site Continued OLD BUSINESS Annexation Petition Application, R. K. Bradley 7 My recommendation is, and has always been, to locate the facility on the site the City already owns. I urge the Council to give this matter the timely attention it deserves, Councilman Traynor stated that he hoped we would receive the grant so the problem of site would be resolved. He stated he is not happy with the location of Site #6, he doesn't think it is the best place but it has become apparent that this City can not continue to work divided as it is, therefore, MOVED BY TRAYNOR, SECONDED BY SAUL, THAT CITY HALL BE LOCATED ON SITE #6 AND FINANCED WITH COUNCILMATIC BONDS. Councilman Pesicka stated that she was not in favor of Site #6 because it was too small and city hall would look like a box on the hillside but, Mithun and Associates have shown that city hall can be located here so she will go along with Site #6 Councilman Van Dusen stated that this division has gone on a long time and it should be ended so he rescinded his threat to never vote for Site #6 and for harmony at the table, he will go along with the rest of the Council. Councilman Hill stated that Mithun has done a remarkable job in laying out a building and, in the interest of the City, it is time to bury the hatchet and start working in the same direction. Councilman Saul expressed his appreciation to the Council for going along with his thinking on Site #6. Councilman Harris questioned whether or not it was the intent to finance the whole 1.6 million by Councilmatic Bonds. MOVED BY MS. HARRIS, SECONDED BY MS. PESICKA, THAT TRAYNOR'S MOTION BE REWORDED TO DELETE 'THE FINANCING BY COUNCILMATIC BONDS'. Councilman Traynor stated that his intent was to use the City Hall Construction Fund and Councilmatic Bonds. ROLL CALL VOTE: 4 NOS HILL, SAUL, TRAYNOR, VAN DUSEN. 3 AYES GARDNER, MS. HARRIS, MS. PESICKA. AMENDMENT TO THE MOTION FAILED MOVED BY HILL, SECONDED BY SAUL, TO AMEND THE MOTION TO SELL COUNCILMATIC BONDS TO COVER THE BALANCE OF THE TOTAL COST OF NEW CITY HALL ABOVE AND BEYOND THE MONEY THAT IS IN THE CITY HALL CONSTRUCTION FUND. MOTION CARRIED. ORIGINAL MOTION CARRIED AS AMENDED. Mr. Robert Crain stated that there was a motion made in 1973 concerning site selection and stating that it would be put to the vote of the people, it was never done. He asked if the action this evening is legal. Attorney Hard stated that the Council could put this at rest by making a new motion to nulify the earlier motion. Mayor Bauch stated that during the trial with the former Architect the Judge told the Council to get on with the site selection. He said there are times when there is too much input from the citizens. Kjell Stoknes reviewed the annexation petition requested by Ramon K. and Elmire N. Bradley. The property is located at 4621 So. 134th St. and is approzimately Z acre. He stated that there are three questions to be considered. The first one, does the Council wish to accept the annexation as proposed? The Staff recommendation is to accept this petition as a 10% petition of intent to annex the entire block. TUKWILA CITY COUNCIL REGULAR MEETING January 3, 1977 Page 7 OLD BUSINESS Cont. Annexation Petition Application, R. K. Bradley Continued RESOLUTIONS DEPARTMENT REPORTS 7/5 The petitioner would then need to circulate a petition and get 75% of the assessed valuation in order to annex the entire block. If they can not get enough signatures then the Council can accept it as is. Mr. J. W. Resner, Real Estate Inc. of Washington, introduced himself as representing the Bradleys. He stated that the Bradleys would like to move on this as fast as possible. Councilman Traynor reminded him that zoning does not automatically go with the property and no one can assure him he will get the zoning he wants. Mr. Resner stated he understood this. Kjell Stoknes stated that the second question is that of assuming bonded indebtedness and the third is concerning the Comprehensive Planning for this area. Staff is recommending the property revert to the closest County zoning which is single family. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THIS PETITION BE ACCEPTED AS A PETITION OF INTENT TO ANNEX BY 10% OF THE ASSESSED VALUATION OF THE ENTIRE BLOCK. Mr. Resner wanted clarified that if the Bradleys can not get signatures of 10% of the assessed valuation they can come back for the annexation as is. He was assured they could. MOTION CARRIED. Mayor Bauch stated that the Council needs to have a motion of intent on the bonded indebtedness. Bonds from the Golf Course will affect everyone in the City. Mr. Stoknes explained that it looks like the property taxes will be a little less even with the bonded indebtedness. Councilman Harris stated that this is a matter for the people to decide. The Council should not dictate in advance. She suggested the petition include a statement on assuming bonded indebtedness. Mr. Resner agreed MOVED BY HILL, SECONDED BY VAN DUSEN, THAT WHEN THE BRADLEY ANNEXATION IS SUBMITTED THEY SHALL ASSUME THE BONDED INDEBTEDNESS OF THE CITY. MOTION CARRIED WITH MS. HARRIS VOTING NO. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT WHEN THIS PROPERTY IS ANNEXED THE ZONING WILL BE THE CLOSEST ZONING CATEGORY TO THE COUNTY WHICH IS R -1 -12.0 (1 family residence). MOTION CARRIED. Resolution #563 MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE Extending the READ BY TITLE ONLY. MOTION CARRIED. Defense Service Deputy City Attorney Hard read a Resolution authorizing the Mayor to Agreement extend the Defense Service Agreement with King County, Washington. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE RULE FOR SECOND READING BE SUSPENDED AND THAT RESOLUTION NO. 563 BE ADOPTED AS READ. MOTION CARRIED. Mayor's Report Mayor Bauch reported that the City of Tukwila has been selected to participate in the handbook program for the Local Elected Officials Project. TUKWILA CITY COUNCIL REGULAR MEETING January 3, 1977 Page 8 DEPARTMENT REPORTS Cont. Attorney's Report City Attorney Hard reported that the hearing on the appeal of Davis vs Todd will be held at 9:30 A.M. on February 2, 1977. ADJOURNMENT MOVED BY HILL, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE 11:15 P.M. TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. .0.4W/ 2Z0), George D! Hill, Mayor Pro Tem Maxfine "Anderson, City Clerk 7/6