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HomeMy WebLinkAbout1989-04-10 Special MinutesApril 10, 1989 TUKWILA CITY COUNCIL 7:00 P.M. SPECIAL MEETING CALL TO ORDER COUNCIL MEMBERS PRESENT STAFF PRESENT SPECIAL ISSUE Request for Waiver construct sidewalk along Slade Wy. 53rd S. (Valley View Estates. M I N U T E S o czs7 City Hall Council Chambers Mayor Van Dusen called the Special Meeting of the Tukwila City Council to order. MABEL J. HARRIS, JOE H. DUFFIE, MARILYN G. STOKNES (COUNCIL PRESIDENT), JOAN HERNANDEZ, DENNIS L. ROBERTSON, CLARENCE B. MORIWAKI. John Colgrove (City Attorney), Ross Earnst (Public Works Director), John McFarland (City Administrator), Ron Waldner (Police Chief), Don Williams (Parks and Recreation Director). Councilmembers Robertson and Duffie excused themselves from the discussion due to a possible conflict of interest. Public Works Director Ross Earnst reveiwed the request for waiver to construct sidewalks along Slade Way and 53rd Avenue South by Valley View Estates developer. In accordance with Ordinance #1233, Section 2, the sidewalks are to be built. John Colgrove, City Attorney, stated Ordinance #1233 requires that any other than single family residences must construct sidewalks. It states the City Council may delay, waiver or except the sidewalk requirement if it is determined such construction is not feasible because of: unique topographical conditions or existing City Public Works development plans; or such construction would render a hardship on the applicant. The ordinance was in effect when the developer started the project. Councilmember Harris stated she drove around the project and walked part of it. She did not discuss the matter with anyone. She wanted to report this fact in case it would disqualify her from taking part in the discussion and the resultant decision. Joel Haggard, 1515 IBM Building, attorney for the applicant, stated he felt it was proper for Councilmember Duffie to excuse himself but he did not object to the presence of Councilmember Harris. John Colgrove, City Attorney, agreed Councilmember Harris need not excuse herself from the meeting. MOVED BY STOKNES, SECONDED BY MORIWAKI, THAT COUNCIL DENY THE REQUEST FOR WAIVER TO CONSTRUCT SIDEWALKS ALONG SLADE WAY AND 53RD AVENUE SOUTH BY DEVELOPER, VALLEY VIEW ESTATES. Councilmember Harris stated this matter was discussed at great length in the Transportation Committee meeting. Our Ordinance #1233 states sidewalks shall be built when a new building or development is built. The Committee determined the developer did not fulfil the requirements that permit waiver from the ordinance. Mr. Haggard, attorney, stated most of the information is quite old dating to 1986. His client, the developer, has asked for a waiver from the requirement to build the sidewalks around the development. They would participate in an L.I.D. when it is needed. Councilmember Moriwaki stated the mitigation measures clearly state the sidewalks were to be built. The developer has registered complaint as to that requirement. Mr. Haggard, attorney, stated the applicant has not and cannot receive a fair hearing in this matter. Their rights have been denied. He has been handicapped due to the timing of this meeting. Last week he was vacationing and on Wednesday his office was called notifying him of this meeting and the committee meeting that was held last week. The process is unfair. It seems it is being rushed when the matter has been around for three years. Based on the record the applicant thinks the waiver should be granted or an L.I.D. formed when it is needed. Councilmember Harris asked Mr. Haggard how long it would take for him to get his case in order? TUKWILA CITY COUNCIL SPECIAL MEETING MINUTES April 10, 1989 Page 2 SPECIAL ISSUE Contd. Request for Waiver construct sidewalk along Slade Wy. 53rd S. (Valley View Estates) contd. Mr. Haggard replied that given the chronology and actions that have been taken the process can be cured. His client will not be available until April 17. Three or four weeks would be a reasonable time for a hearing. Councilmember Harris stated there are three reasons specified in the Ordinance as to why a waiver should be allowed. She has seen nothing that shows this is a hardship to the developer. She said she would like this to be fair for all concerned. Mr. Haggard stated four weeks delay would be suitable. He thought a public hearing should be scheduled. Councilmember Harris said she thought it would be fair if a public hearing was held and everyone was notified. City Attorney Colgrove said the matter has been pending for three years. The applicant has had three years to put into the record why it is a hardship to build the sidewalks. Mr. Haggard requested the hearing so the matter was on the agenda for last Monday's meeting, then it was put in the Transportation Committee for review. Notice was given to the applicant at least twice. Mr. Haggard states he was out of town and did not receive the notice until the next day David Morgan, audience, stated many times the matter of sidewalks has been brought before the City Council. The applicant has had one and one -half years and has known about the sidewalk requirement for that period of time. The cost of the sidewalks would be pale compared to his salary. There is no hardship to the developer the sidewalks can be put in. Ross Earnst, Public Works Director, stated the ordinance does not say anything about the need, it is not up to the City to say how many people are going to walk on the side- walks. Dharlene West, 5212 S. 164th, stated she has wanted to speak for about three years. After all of the appeal hearings she presumed the City opinion was the same as it was at that time. The City said the development would have to have sidewalks. Transpo reported it was a hardship because the sidewalks were not needed. There will be 108 units, most people have two cars and there will be increased traffic because of the development. Pedestrians will be without sidewalks. Dick Goe, 5112 South 163rd, stated we need to take a look at the things that have been before the City for a long time three years to be exact. In 1986 the draft EIS included sidewalks and after many public hearings the applicant asked for the waiver and the adequacy of the FEIS was appealed. The Board of Architectural Review decision was appealed, it was heard by the City Council. The City Council determined the FEIS was correct. In 1988 the letter from the City to the applicant outlined the conditions for the building permit and that included the sidewalks. There is a time line now and that is the applicant's reason for talking about a waiver. The sidewalks deal with the safety of the people. Councilmember Moriwaki stated the traffic count taken in 1986 would certainly be increased. Silver View, with 22 units, is another project. The Highline School District intends to reactivate Crestview Elementary School on 42nd South. It was built as a walk -in school. We do not know how many children will be involved but children going to Crestview will travel along Slade Way and then uphill to Crestview. The children should be protected by sidewalks. TUKWILA CITY COUNCIL SPECIAL MEETING MINUTES April 10, 1989 Page 3 SPECIAL ISSUE Contd. Request for Waiver construct sidewalk along Slade Wy. 53rd S. (Valley View Estates) contd. ADJOURNMENT 8:28 P.M. The project does not seem to allow pedestrian exit except on Slade Way. Any pedestrians exiting from #1 and #2 will go out on Slade Way. Although the applicant does not want to put in the sidewalks, it seems they would put them in to protect the people who will be moving into the project. It seems the statements on behalf of the waiver have been pleaded on the basis of injustice. He thought the Council should vote to refuse the waiver. Councilmember Harris stated she is in favor of sidewalks. The City has an ordinance which states sidewalks will be built with every development. There are three reasons why the waiver would be granted. Mr. Haggard, attorney for the appliant, was asked about due process of time. She asked him to provide information as to why the sidewalks should not be built. Mr. Haggard, attorney for the applicant, stated the ordinance does not require sidewalks for a single family building. Councilmember Harris replied that in single- family buildings the residents put in the sidewalks with a L.I.D. Mr. Haggard stated his client would not oppose an L.I.D. in the area. The ordinance exempts single family residences. Fundamentally, it is not fair. Dharlene West, audience, stated Mr. Haggard has not entered any points or facts as to why there should not be sidewalks. Silver View development had to put in sidewalks. MOVED BY HARRIS, SECONDED BY STOKNES, TO POSTPONE DECISION ON THE WAIVER AND HOLD A PUBLIC HEARING ON THE MATTER ON MAY 1, 1989. Mayor Van Dusen stated postponing the decision to May 1 will extend the date of April 23 for the building permit. Councilmember Hernandez stated she thought a postponement of the decision was not in order. The material available is quite old and nothing has changed that would affect a decision. She requested Council go ahead and not postpone making the decision. City Attorney Colgrove stated it would be difficult to continue the hearing beyond April 23. It depends upon the reason for whatever action is taken. Councilmember Moriwaki stated there was no reason for postpone- ment. No new information will be forthcoming. The sidewalks have been required for other developments and they should be required for this project. MOTION FAILED, WITH HARRIS VOTING YES. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY HERNANDEZ, THAT THE SPECIAL MEETING ADJOURN. MOTIO ARRIED. May t /Gar L: Van Dusen Nor a Boo he Recording Secretary