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HomeMy WebLinkAbout1977-04-25 Special MinutesApril 25, 1977 7:00 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE TUKWILA CITY COUNCIL SPECIAL MEETING BOHRER, HILL, SAUL, TRAYNOR, VAN DUSEN. Steve Hall, Director of Public Works; Kjell Stoknes, Director of Community Development. ;o City Hall M I N U T E S Council Chambers Mayor Bauch called the Special Meeting that was recessed on April 21, 1977, due to lack of a quorum back to order at 7:18 P.M. Proposed Ordinance Mayor Bauch stated a Staff Report on the proposed ordinance would be adopting a new given by Kjell Stoknes, Director of Community Development. Mr. Stoknes subdividion code, explained the purpose of each chapter of the proposed ordinance and said including provisions that each section of the ordinance would be considered at the meeting. for short plats, and Mayor Bauch asked if the Public Works Department had any comments to make. repealing the present subdivision Steve Hall, Director of Public Works, said throughout the document it ordinance. refers to Public Works Standards. He said he and Mr. Stoknes had discussed this in detail and what they would be doing at the Public Works level is coming to the Council with proposed standards, of which they have many, for recommendation for formal adoption. He said he had data he had gathered up over many years of work with other government entities. He referred to comments he had on the various pages of the ordinance. Mayor Bauch stated the ordinance would be discussed section by section. Mayor Bauch asked if the Council wanted to take comments from the audience. Council President Hill said he thought the Council should accept comments from the audience. Sections 1.1 (Title) and 1.2 (Purpose) were acceptable. With respect to Section 1.3 (Scope), Chris Crumbaugh, representing Segale, Inc., said the state law had this kind of provision and it does not have the words "or other transfer" in it and he would suggest deletion of these words. Mr. Stoknes said the Planning Commission had put this in as a catch -all and it could be left in or taken out. Mr. Kirsop, Planning Commission, said these words had been put in in order to cover other possibilities of division. MOVED BY SAUL, SECONDED BY BOHRER, TO AMEND THE ORDINANCE BY DELETING THE WORDS "OR OTHER TRANSFER Mr. Stoknes said he would suggest the words "or gift" be substituted for "or other transfer MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, TO AMEND THE AMENDMENT AND INSERT THE WORDS "OR GIFT" IN PLACE OF THE WORDS "OR OTHER TRANSFER". CARRIED. CARRIED, AS AMENDED. Mayor Bauch said he had a comment to make on Section 1.4 (6), DEFINITIONS, Common Open Space. He said as he had read the ordinance it does not mention open space in any place within the ordinance, and he would recommend the "Common Open Space" be struck in that it does not adequately describe open space. Mr. Stoknes said he felt the same way about this definition, and as a matter of fact, the City does not have a definition of open space at this time. He said for this reason he felt it should be taken out so it does not lock us into some type of a definition in a zoning ordinance at a later date. MOVED BY VAN DUSEN, SECONDED BY HILL, TO AMEND THE ORDINANCE BY DELETING SECTION 6, COMMON OPEN SPACE, OF SECTION 1.4, DEFINITIONS. CARRIED. Councilman Bohrer said Definition 29, Short Subdivision Committee, soundslike it was more than a definition as it says "shall consist of. It really establishes the Short Subdivision Committee and he wondered if that section would be better incorporated into the Procedures for Short Subdivisions. TUKWILA CITY COUNCIL SPECIAL MEETING April 25, 1977 Page 2 ro Proposed Ordinance Mr. Stoknes said he thought the entire paragraph should be moved from adopting a new the Definitions section to Page 11 preceding the Short Subdivision subdivision code, Committee Meeting. Councilman Saul said he did not understand why including the Committee was needed. Council President Hill said he felt the provisions for short Committee was needed and perhaps there should be one council member on plats, and repealing it so the City Council would have a voice in it. Discussion the present continued as to the advantages and disadvantages of having the subdivision Short Subdivision Committee. ordinance Cont. MOVED BY VAN DUSEN, SECONDED BY BOHRER, TO AMEND THE ORDINANCE BY REMOVING PARAGRAPH 29, SHORT SUBDIVISION COMMITTEE DEFINITION FROM THE DEFINITIONS AND INCLUDE IT IN THE REVIEW PROCEDURES UNDER SHORT SUBDIVISION COMMITTEE MEETING, SECTION 2.1.6. CARRIED, WITH HILL VOTING NO. Councilman Bohrer stated Steve Hall, Director of Public Works, had suggested there be a definition of right of way in the Section on Definitions and that it follow the definition of Private Access Road. MOVED BY BOHRER, SECONDED BY SAUL, TO AMEND THE ORDINANCE BY ADDING THE FOLLOWING DEFINITION IN SECTION 1.4 DEFINITIONS FOLLOWING ITEM 24 AND IT BE ENTITLED "RIGHT OF WAY" AND IT STATES "A CITY OWNED STRIP OF LAND TO BE USED FOR PUBLIC ROADS, BIKE WAYS, SIDEWALKS, MASS TRANSIT, UTILITIES, OR SIMILAR RELATED PUBLIC USES." CARRIED. Mr. Stoknes suggested the phrase "prior to the effective date of this ordinance" be added to the end of Item 16, page 4, under Section 1.4 Definitions. Discussion ensued and it was determined this phrase was not necessary. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE ORDINANCE BY ADDING "AND 3.7.4" AFTER SECTION 3.6.2 IN ITEM 24, "PRIVATE ACCESS ROAD," PAGE 5. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, TO AMEND THE ORDINANCE BY INSERTING THE WORD "IMPROVED" IN ITEM 25, PAGE 6, BETWEEN THE WORDS "THAT" AND "PORTION CARRIED. Mr. Tom Bernard, representing Cabot, Cabot, and Forbes, asked about Item 3 of Section 1.6, Administrative Authority. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN,TO AMEND THE ORDINANCE IN ITEM 3, CITY COUNCIL, IN SECTION 1.6, ADMINISTRATIVE AUTHORITY, BE CHANGED TO READ "THE TUKWILA CITY COUNCIL SHALL HAVE SOLE AUTHORITY TO APPROVE ALL PRELIMINARY AND FINAL PLATS." CARRIED. Councilman Bohrer said he felt for matter of clarity the motion does not include short plats. MOVED BY BOHRER, SECONDED BY SAUL, TO AMEND THE ORDINANCE AND ADD ITEM 4, ENTITLED SHORT SUBDIVISION COMMITTEE, TO SECTION 1.6, ADMINISTERING AUTHORITY, TO READ "THE SHORT SUBDIVI LL HAVE SOLE AUTHORITY TO APPROVE ALL SHORT PLATS." CARRIED. Chris Crumbaugh, representing Segale Enterprises, recommended Item 3 of Section 1.7, Exceptions, be changed to reflect action by foreclosure. MOVED BY SAUL, SECONDED BY HILL, TO AMEND THE ORDINANCE IN SECTION 1.7, EXCEPTIONS, ITEM 3, BY ADDING TO THE END OF THE SENTENCE THE FOLLOWING WORDS: "OR BY FORECLOSURE OF SECURITY INTEREST OR LIENS." CARRIED. In discussingSection II, Procedures, Section 2.1.1 (Purpose) referred to the words "on a small scale" and said he did not think they added much to the meaning. Mr. Stoknes agreed that these words could be deleted. Councilman Pesicka arrived at the meeting at 8:25 P.M. i o TUKWILA CITY COUNCIL SPECIAL MEETING April 25, 1977 Page 3 Proposed Ordinance MOVED BY BOHRER, SECONDED BY TRAYNOR, TO AMEND THE ORDINANCE IN SECTION adopting a new 2.1.1 (Purpose), PAGE 9, BY DELETING THE WORDS "ON A SMALL SCALE." subdivision code, CARRIED. including provisions for short Mr. Bernard suggested the words "no earlier than six (6) plats, and repealing working days" be removed from Section 2.1.6. Mr. Stoknes said he liked the present to see a minimum period so that would not have the feeling of being subdivision pushed. ordinance Cont. RECESS 8:40 P.M. 8:50 P.M. RECESS 9:10 P.M. 9:15 P.M. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE ORDINANCE BE AMENDED IN SECTION 2.1.6, REVIEW PROCEDURES, SECOND PARAGRAPH,ENTITLED SHORT SUBDIVISION COMMITTEE MEETING, PAGE 11, BY DELETING THE WORDS "NO EARLIER THAN SIX (6) WORKING DAYS." CARRIED, WITH VAN DUSEN AND BOHRER VOTING NO. The Action Section and Appeal Sections of the Review Procedures were discussed and it was determined they would remain as written. MOVED BY BOHRER, SECONDED BY VAN DUSEN, TO AMEND THE ORDINANCE, SECTION 2.1.7, REQUIRED IMPROVEMENTS, PARAGRAPH 2, BY ADDING AFTER CHAPTER 17.20, "PLUS 17.24 OR 17.28 AS APPROPRIATE FOR EITHER THE RESIDENTIAL OR COMMERCIAL INDUSTRY DESIGN STANDARDS." CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE SPECIAL MEETING RECESS FOR 10 MINUTES. CARRIED. The meeting was called back to order by Mayor Bauch with all council members present as previously listed. MOVED BY SAUL, SECONDED BY TRAYNOR, TO AMEND THE ORDINANCE SECTION 2.2.2. SCOPE, BY DELETING THE WORDS "OTHER TRANSFER" AND SUBSTITUTING "GIFT." CARRIED. In discussing Section 2.2.3, Preliminary Plat Procedures, Paragraph (d), Councilman Pesicka asked if it was necessary to have fifteen copies of the preliminary plat. Mr. Stoknes said that amount of copies was necessary as they circulated them to other departments. Mr. Kirsop, Planning Commission, said it was determined that 15 copies would be required. MOVED BY BOHRER, SECONDED BY MRS. PESICKA, TO AMEND THE ORDINANCE, SECTION 1.8, NOTIFICATION OF OTHER AGENCIES, PAGE 7, FIRST PARAGRAPH, BY DELETING THE WORDS "ONE MILE," AND ADDING THE WORDS "1,000 FEET." CARRIED. MOVED BY BOHRER, SECONDED BY HILL, TO AMEND THE ORDINANCE, SECTION 2.2.3. PRELIMINARY PLAT PROCEDURES, ITEM 7, PLANNING COMMISSION ACTION, BY DELETING PARAGRAPH (a) AND MOVING IT TO ITEM 4, PAGE 17, AND ENTITLING THAT ITEM "PLANNING DIVISION ACTION." AND MAKING IT PARAGRAPH (b) OF THAT ITEM, PARAGRAPH (b) OF ITEM 7 WOULD THEN BECOME PARAGRAPH (a) AND PARAGRAPH (c) WOULD BECOME PARAGRAPH (b). CARRIED. Mayor Bauch stated that Paragraph 7 on Page 24 is not necessary. MOVED BY SAUL, SECONDED BY MRS. PESICKA, TO AMEND THE ORDINANCE AND DELETE PARAGRAPH 7 ON PAGE 24. CARRIED. Steve Hall, Director of Public Works, stated he would like to have additional information added to Paragraph 3, Item (b). MOVED BY MRS. PESICKA, SECONDED BY BOHRER, TO AMEND THE ORDINANCE BY ADDING THE FOLLOWING SENTENCE AT THE END OF PARAGRAPH (b), SUPERVISION AND INSPECTION, ITEM 3, PAGE 25, "ALL IMPROVEMENTS SHALL BE CERTIFIED IN WRITING AS COMPLETED IN ACCORDANCE WITH PLANS AND SPECIFICATIONS AS APPROVED BY THE PUBLIC WORKS DEPARTMENT." CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE SPECIAL MEETING RECESS FOR FIVE MINUTES. CARRIED. Mayor Bauch called the Special Meeting back to order with all Council members present as previously listed. l,// TUKWILA CITY COUNCIL SPECIAL MEETING April 25, 1977 Page 4 Proposed Ordinance Discussion continued on the proposed ordinance and it was suggested adopting a new that on Page 29, Paragraph (d), the days of action should be subdivision code, increased from sixty to ninety. including provisions for short MOVED BY HILL, SECONDED BY MRS. PESICKA, TO AMEND THE ORDINANCE, plats, and repealing PAGE 29, ITEM 4, FINAL PLAT REVIEW PROCEDURES, PARAGRAPH (d), BY the present CHANGING THE FIRST LINE FROM SIXTY (60) TO NINETY (90) CALENDAR DAYS. subdivision CARRIED. ordinance Cont. Mayor Bauch stated in Item 4 (Final Plat Review Procedures), Paragraph (e),Filing Final Plat, the next to the last sentence on Page 30 should read: "Upon approval by the City Council, it shall be signed by the Mayor and attested by the City Clerk." MOVED BY SAUL, SECONDED BY MRS. PESICKA, TO AMEND THE ORDINANCE SO THE NEXT TO THE LAST LINE IN PARAGRAPH (e), PAGE 30, SHOULD READ: "UPON APPROVAL BY THE CITY COUNCIL, IT SHALL BE SIGNED BY THE MAYOR AND ATTESTED BY THE CITY CLERK." CARRIED. MOVED BY SAUL, SECONDED BY TRAYNOR, TO AMEND THE ORDINANCE BY ADDING "PUBLIC" BETWEEN WORDS "APPROPRIATE ACCESS" TO SECTION 2.3.5 (REQUIRED IMPROVEMENTS), ITEM 1, PARAGRAPH (e). Discussion took place between Mr. Lowell Gordon, Canyon Construction, and Steve Hall, Director of Public Works regarding the wording "public access." Mr. Gordon asked if this was to eliminate private roads and Mr. Hall said it was. Mr. Ken Long, Benaroya Company, said he objected to the word "public" because he felt this would limit the use of property in ways that it could be used. Mr. Hall said appropriate access is the concern of the City. Mr. Kirsop, member of the Planning Commission, said the Planning Commission had felt the particular wording they had recommended is still reasonable protection for the public and there is flexibility for the developers to work out a plan that will not be shot down before it starts. *MOTION FAILED, FOUR TO TWO. Mr. Long, Benaroya, said with respect to Section 2.3.5, page 32, he felt paragraphs (a) through (g) should be retained and Item 2 should be eliminated. Mr. Kirsop, Planning Commission, explained why the Planning Commission felt the item should be retained. Mn Bernard, audience, said he felt the paragraph should say in accordance with sound engineering practices and in accordance with intended use. Steve Hall said "sound engineering practice" is a phrase that is subject to much debate. Kjell Stoknes said he would recommend leaving that section as it is. Mr. Long, audience, said with respect to Section 2.3.6, Paragraph 3, Page 33, they will constantly be refiling. Mr. Crumbaugh, Segale, said they would have to go down and pay a filing fee. After discussion it was determined to leave that section as it is written. With respect to Section 2.3.7 (Certificate of Segregation), Kjell Stoknes said Item 2 emphasizes the fact that occupancy permits shall not be issued prior to fulfillment of the road and utility installations. He said it had been the experience of the City that the use of occupancy permits is totally ineffective to keep someone from moving in and once they are in it takes a court order to get them out and by the time the court order comes around the building is completed. He said he would recommend a change in the wording of Item 2. Mr. Bernard asked if there had been any instances where this had been done. Mayor Bauch said this had been the City's experience with the Smith Graydon apartments. TUKWILA CITY COUNCIL SPECIAL MEETING April 25, 1977 Page 5 Proposed Ordinance adopting a new subdivision code, including provision for short plats, and repealing the present subdivision ordinance Cont. RECESS 10:26 P.M. 10:31 P.M. ADJOURNMENT 10:33 P.M. f /a- MOVED BY VAN DUSEN, SECONDED BY MRS. PESICKA, TO AMEND THE ORDINANCE, SECTION 2.3.7 (Certificate of Segregation), ITEM 2, PAGE 33, TO BE REWRITTEN AS FOLLOWS: "PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR CONSTRUCTION WITHIN A BINDING SITE IMPROVEMENT PLAN, ALL REQUIRED IMPROVEMENTS REQUIRED TO ADEQUATELY SERVICE THAT PORTION OF THE PLAN FOR WHICH THE BU.IiDING PERMIT WILL BE ISSUED SHALL BE INSTALLED OR ADEQUATELY BONDED." Discussion continued and instances were cited as to how this wording would benefit. Councilman Bohrer said he felt the amount of the bond should be specified. MOTION WAS WITHDRAWN, WITH APPROVAL OF SECOND. MOVED BY BOHRER, SECONDED BY MRS. PESICKA, TO AMEND THE ORDINANCE, SECTION 2.3.7 (Certificate of Segregation), Item 2, Page 33, BE REWRITTEN AS FOLLOWS: "PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR CONSTRUCTION WITHIN A BINDING SITE IMPROVEMENT PLAN, ALL REQUIRED IMPROVEMENTS REQUIRED TO ADEQUATELY SERVICE THAT PORTION OF THE PLAN FOR WHICH THE BUILDING PERMIT WILL BE ISSUED SHALL BE INSTALLED OR BONDED 150 PERCENT OF THE ESTIMATED COST." CARRIED. After discussion, it was determined to leave Section 2.3.8 (Revision of Plan) as it is written. MOVED BY MRS. PESICKA, SECONDED BY VAN DUSEN, THAT AN APPEALS SECTION BE ADDED, AND IT BE SECTION 2.3.9 (Appeals), AND IT BE WORDED THE SAME AS ITEM 3, APPEAL, PAGE 11. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE SPECIAL MEETING RECESS FOR FIVE MINUTES. CARRIED. The meeting was called back to order by Mayor Bauch, with Council members present as previously listed. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE SPECIAL MEETING RECESS TO WEDNESDAY, APRIL 27, 1977, AT 7:00 P.M. CARRIED, WITH SAUL VOTING NO. Edgar D. pauch, Mayor Norma Recording Secretary