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HomeMy WebLinkAboutPermit 76-02-SUB - TODD FRANK - RAINIER VISTA SUBDIVISION APPEALMF 76-2-SUB 14446 59TH AVENUE SOUTH FRANK TODD SUBDIVISION APPLICATION April 19, 1976 7:00 I•' . it . FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL Notice of Claim, Mikami PUBLIC HEARINGS AND PRESENTATIONS Presentation - Mr. • William Glover: Plan- ning and Development of a Law Enforcement Facility BICENTENNIAL HAPPENING Paul Revere's Ride Recess 8:15 P.M. - 8:23 P.M. Request for Waiver to Resolution 489 for Rezone, Todd I UI\V/11_!1 41 1 1 UVU1i41L REGULAR MEETING MINUTES 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 DUSF;4 Mayor Edgar Bauch, City Clerk Shirlee Kinney, Director of Public Works Steve Hall, Planning Director Kjell Stoknes, Deputy City Attorney Larry Hard, City Treasurer Mae Harris, Police Chief John Sheets and Fire Chief Hubert Crawley. MOVED BY HILL, SECONDED BY PESICKA, THAT THE MINUTES OF THE APRIL 5, 1976 REGULAR MEETING BE APPROVED AS PUBLISHED. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRENTS BE DRAWN IN THEIR RESPECTIVE AMOUNT. CARRIED. Current Fund Street Fund Fed. Rev. Shg. Water Fund Sewer Fund Firemen Pen. Vouchers No. 8236 - -8393 8236 -8344 Exc. 8290 8345 -8362 8363 -8366 and 8290 8367 -8381 8382 -8392 8393 PETITIONS, COMMUNCIATIONS, APPEALS AND SIMILAR MATTERS $38,434.92 3,319.81 1,344.15 3,198,30 9,753.40 890.28 TOTAL 56,940.86 Tukwila City !fall Council Chambers A Notice of Claim from Kiyoto and Nancy Mikami relating to flooding arising from improper drainage, being filed with the City Clerk on the date of April 14, 1976 was considered by the City Council. MOVED BY TRAYNOR, SECONDED BY SAUL THAT THIS NOTICE OF CLAIM BE REFERRED TO THE CITY ATTORNEY. CARRIED. Mr. William A. Glover, Law Enforcement Project Administrator of the National Clearinghouse for Criminal Justice Planning and Architecture gave a slide presentation of various types of Police Facilities found across the United States. He informed the Council that the services their organization provides are free and includes such items as pre - planning, actual planning, program translation, Architect and Police Department coordination of efforts and facility evaluation of a new or renovated law enforcement facility. In celebration of the United States Bicentennial, Mayor Bauch accepted a proclamation from Paul Revere (Roy Potter) bearing the signatures of students of Southgate School. MOVED BY HILL, SECONDED BY PESICKA, TO RECESS. FOR 5 MINUTES. CARRIED. Mayor Bauch called the meeting back to order with all Council- members present as previously listed. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS City Clerk Shirlee Kinney read staff report dated April 19, 1976 requesting a waiver to Resolution 489 for a rezone by Petitioner Frank Todd for the property located west of and adjacent to 62nd Ave. South approximately 300 feet north of Southcenter Boulevard. This request would allow him to apply for a rezone on the referenced property from R -3 to R -4. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THIS REQUEST BE ALLOWED, *further noting that this must be processed back through the Planning Commission and through its normal procedure for rezone. *CARRIED. ROLL CALL VOTE: 4 AYES - HILL, PESICKA, SAUL, VAN DUSEN; 3 NOS -- GARDNER, HARRIS, TRAYNOR. TUKWILA CITY COUNCIL MEEV- ' April 19, 1976 Page 2 OLD BUSINESS Council Motion 76 -5 Commerce /Industry Element of Compre- hensive Plan Council Motion 76 -6 Grant Procedures Todd's Rainier Vista Plat: Request for Extension of Appeal .S Period NEW BUSINESS Council Motion 76 -7 Proposed design of Christensen Road Development Appointment, Planning Commission, John Richards Proposal for sale of Bonds, LID'S No. 21, 22 and 24 by Foster & Marshall MOVED BY HILL, SECONDED BY PESICKA, THAT FORMAL COUNCIL MOTION NO. 76 -5 BE READ BY TITLE ONLY. CARRIED. The City Clerk read the motion of the Tukwila City Council related to Comprehensive Planning, and declaring its intent to adopt at some future time the Commerce /Industry Element as part of the Comprehensive Plan for the City. MOVED BY HILL, SECONDED BY TRAYNOR, THAT COUNCIL MOTION NO. 76 -5 BE ADOPTED AS READ. CARRIED. MOVED BY HILL, SECONDED BY PESICKA, THAT COUNCIL MOTION NO. 76 -6 BE READ BY TITLE ONLY. CARRIED. The City Clerk read the motion of the Tukwila City Council related to Grant Procedures. MOVED BY TRAYNOR, SECONDED BY SAUL THAT CITY COUNCIL MOTION NO. 76 -6 BE ADOPTED AS READ. CARRIED. A question was asked of Deputy City Attorney Hard as to whether or not the Council could grant an extension of the appeal period for Mr. Todd's subdivision plat. Mr. Hard replied that per RCW 58.17.180 an appeal should be made within 30 days and it was his interpretation that the Council had no authority to waive or extend that law. MOVED BY TRAYNOR, SECONDED BY SAUL, TO DENY THE REQUEST FOR EXTENSION OF THE APPEAL PERIOD. CARRIED. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE PROPOSED COUNCIL MOTION BE READ IN FULL. CARRIED. Mayor Bauch read Council Motion No. 76 -7 relating to the design of the Christensen Greenbelt Development as proposed for part of a grant application. MOVED BY PESICKA, SECONDED BY HILL, THAT COUNCIL MOTION No. 76 -7 BE ADOPTED AS READ.* Carl Stixrood, Tukwila Planning Department gave a map presentation to the City Council of the proposed develo ment of the Christensen Greenbelt and Trail. Discussion ensued regarding King County's future plans of raising the dike along the Green River and its effect upon the plan. *MOTION CARRIED. Mayor Bauch informed the Council that Administration will come back to the Council with a recommendation in the near future on the estimated scheduling of this project and completion date. Mayor Bauch requested an amendment to the agenda. MOVED BY HILL, SECONDED BY VAN DUSEN TIIAT THE AGENDA BE AMENDED TO INCLUDE AN APPOINTMENT. CARRIED. Mayor Bauch read his letter of appointment to the Planning Commission of Mr. John Richards who will fill Mr. Byron Sneva's unexpired term to position No. 1. This term expires January 1, 1981. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE CITY COUNCIL CONCUR WITH THE MAYOR'S APPOINTMENT. CARRIED. Mayor Bauch requested.that the agenda be amended to consider a proposal from Foster & Marshall Inc. regarding the consolidated sale of Bonds for LID'S No. 21, 22 and 24. MOVED BY HILL, SECONDED BY SAUL, THAT THE AGENDA BE AMENDED TO CONSIDER THE PROPOSAL OF FOSTER & MARSHALL. CARRIED. Councilman Saul read Foster & Marshall's letter of proposal which would consolidate the sale of Bonds for LID'S No. 21, 22 and 24 in the suer of $245,372.07 with a net effective interest for this issue of 6.90 %. Mr. Roland C. McLaughlin, Vice President, Municipal Consulting Department of Foster & Marshall addressed the Council and informed them that he felt that this consolidated issue was at a very good rate at 6.90 %. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSAL OF FOSTER & MARSHALL BE ACCEPTED. CARRIED, SECOND READING OF ORDINANCES Ordinance No. 966 - MOVED BY PESICKA, SECONDED BY TRAYNOR, THAT THE PROPOSED Anderson Rezone from BE READ BY TITLE ONLY. CARRIED. Deputy City Attorney R -1 -7.2 to C -2 Hard read the proposed Ordinance reclassify certain property located on the west side of Southcenter Parkway approximately 1,000 feet south of Strander Boulevard from a R -1 -7.2 zoning classification to C -2 zoning classification. MOVED BY HILL, cFrn .Fnrn ( ?V vAFJ nFICF=h! Tr" T ORDINANCE Nn 96 RE APPROVED AS READ. CARRIED. SUBDIVISION APPEAL April 12, 1976 Page 6 DISCUSSION - Contd. Doce's sign code revision - Contd. Preliminary Plat proposal of Todd's Rainier Vista Newly Elected Mayors & Council- men Workshop To expect anything less than complete compliance with tl actions thus far taken would be a violation of my dutie as a Board member and as Board chairman. I therefore respectfully, and sympathetically request that the Couni reconsider the action taken at the meeting of April 5, 1976. (Signed) Anne Altmayer, Chairman, Board of Adjustments, City of Tukwila." Frank Todd, audience, stated he would like to know if t Council is going to extend the appeal period of his pla proposal so he can take proper action. Council-Preside Hill said the matter would be put on the agenda for the next City Council meeting so the matter could be dis- cussed with the City Attorney. Councilman Van Dusen stated he would like to attend the Workshop on April 28, 1976 at the Greenwood Inn, Olympi Ms. Pesicka and Councilman Traynor expressed their wish to attend. The fee involved would be $5.00 for luncheo fee. Mayor Bauch expressed his intentions of attending the Workshop. Mayor Bauch stated a resolution would be presented at the next City Council Meeting providing for an architec for the proposed City Hall. He stated blank spaces wou be left so the name of the architect could be filled in MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE EXECUTIV SESSION CLOSE. CARRIED. Norma_Booher, Council Secretary April 5, 1976 7:00 P.M. BID OPENINGS CALLS AND AWARDS FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL Call for Bids - Asphaltic concrete overlay PUBLIC HEARINGS Preliminary Plat proposal of Todd's Rainier Vista �...�► -, TUKWILA CITY COUNCIL ( REGULAR MEETING .. M I N U T E S Mayor Bauch led the Pledge of Allegiance and called the Tukwila City Council meeting to order. Tukwila City Hall Council Chambers GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. Mayor Edgar Bauch, City Clerk Shir.lee 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 TIME 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 PROVIDI 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 TIIE COUNCIL FORMULATE ITS SPECIFIC REASONING FOR THE DENIAL OF THE PLAT AND ENUMERATE THOSE REASONS. CARRIED, WITI HILL VOTING NO. TUKWILA CITY COUNCII .MEETING April 5, 1976 Page 2 PUBLIC HEARINGS - Cont. Rainier Vista - Cont. RECESS 8:15 P.M. Adoption of Commerce/ Industry Element of the Comprehensive Plan RESOLUTIONS 8:20 P.M. 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 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. IiARRIS 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. 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.' THAT PROPOSEI RESOLUTION BE READ. CARRIED. Mayor Bauch read propose 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 propose 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 cd a plaque in appreciation to Mr. Sterling. • ' `,A CITY COUNCIL MEETING 0111 5, 1976 ge 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 t 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.tc 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•recons.ider 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 Jpan Todd requesting the Council to accept on behalf of the City a picture of Mt. Rainier, Council. Preside] 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 MINUTEE-S CARRIED. Councilwoman I left the meeting at this time. TUKWILA CITY COUNCIL( %TING April 5, 1976 Page 8 . EXECUTIVE 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. ADJOURNMENT 11:41 P.M. MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, THAT THE EXECUTIVE SESSION CLOSE. CARRIED. MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, THAT THE CITY COUNCIL MEETING ADJOURN. CARRIED. ' de ,,f,e Edgar . Bauch, Mayor r, lee A. Kinney, City April 8, 1976 Mr. Frank Todd 14446 - 59th Avenue South Tukwila, Washington 98067 Dear Mr. Todd: Very truly yours, 40. ell Stoknes Planning Director KS /cw . ,File #MF 76 -2 -SUB Edgar D. Bauch, Mayor CITY of TUKWILA 14475 - 59TH AVENUE SOUTH TUKWI LA, WASHINGTON 98067 RE: Your preliminary subdivision application on 62nd Avenue South This letter is intended to officially notify you that the Tukwila City Council at their last regular meeting of April 5, 1976 did deny your preliminary subdivision application as applied for on the above referenced property. After the motion to deny, they adopted a motion that the reasons for denial . of the application was due to non compliance with recommendation 1 through 6 of the attached administrative report dated April 5, 1976. MEMORANDUM TO: City Council FROM: City Administration CITY of TUKWILA PLANNING DEPARTMENT SUBJECT: Revised Administrative Report on the Preliminary Subdivision DATE: 19 March 1976 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. Please be advised that RCW 58.17.140 states that any proposed subdivision and dedication shall be approved, disapprove or returned to the applicant for modification or correction within 90 days from date of filing thereof unless the applicant consents to an extension of this time period. This item was filed with the City of Tukwila on January 2, 1976, and technically the 90 day period ends on April 2, 1976. The City, however, can demonstrate that it has made continual progress in the process of this application and I see no problem as long as the Council takes action on it on April 5, 1976. I would recommend the City Council take one of the following actions on April 5, 1976: 1. Make a motion that the City Council intends to approve this preliminary subdivision application with the conditions as recommended by the administration and refer the item back to the applicant to revise the layout of the plan so that it will be in conformance with the imposed conditions. Further, that the applicant is to resubmit the revised' plat layout and required developer's agreement within 30 days for Council consideration or the Council will at that time deny the application based on non compliance with the conditions they have stated a desire to see. 2. Deny the application since the plat layout does not conform to the right -of -way requirements and dedications of utilities desires of the City. Since the Council has published a public hearing on this matter during this meeting, the Council is free to take any action they desire without being limited to the recommendations of the Planning Commission. CITY OF TUKWILA ADMINISTRATIVE REPORT CITY COUNCIL PUBLIC HEARING Date report prepared: March 19, 1976 ACTION: Preliminary Subdivision Application (Todd's Rainier Vista) LOCATION: Approximately 300 feet north of Southcenter Boulevard on 62nd Avenue PROPERTY SIZE: 2.5 Acres ZONING: R -3 APPLICANT: Mr. Frank Todd DATE OF HEARING: April 5, 1976 7:00 P.M. FINDINGS: 1. Property is 2.5 acres in area and are proposed. 2. Property is zoned R -3 which allows lot sizes of 6,000 square feet with 50 foot minimum width. (TMC 18.08.010 and 18.14.080) 3. The street serving this property has a width of 40 feet. 4. Minimum widths of right -of -way for streets serving residential areas is 50 feet. (TMC 17.08.010) 5. Roadways serving residential areas must provide: a ° . 20 feet of pavement plus 7 feet of crushed rock shoulder on each side. (TMC 17.08.020 (1)) b. Ditches to handle run -off anticipated on the basis of a ten year storm. (TMC 17.08.110) 6. Various city standards exist regarding utilities. 7. No turnaround is proposed on the dead end roads. City Council Page 2 Administrative Report April 5, 1976 8. State law regarding subdivisions, Chapter 134, Laws of 1974, 1st Ex. Session, Sec. 5 (RCW 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 schoolgrounds, 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 such open spaces, drainage ways, streets, 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 appropriate provisions or that the public use and interest will not be served, then the legislative body may disapprove the proposed plat. Dedication of land to any public body, may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The legisla- tive body shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners." 9. State law from 1969, (RCW 58.17.240) also states: "Except for subdivisions excluded under the provisions of RCW 58.17.040, as now or hereafter amended, permanent control monuments shall be estab- lished at each and every controlling corner on the boundaries of the parcel of land being subdivided. The local authority shall determine the number and location of permanent control monuments within the plat, if any." CONCLUSIONS: 1. Proposed lot sizes and width comply with zoning regulations. 2. It can be inferred from minimum right -of -way requirements that dedica- tion is also required. FINDING 8 dealing with state law should be reviewed to determine if a public street would be in the public health, safety and general welfare especially relating to providing public access to the property. "Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat." (Breuer V Fourre (1969) 76 Wn 2d 582, 458 P2d 168.) Dedication of right -of -way within the property is not proposed. City Council Administrative Report Page 3` 'April •5, 1976 3. TMC 17.08.010 (1) requiring residential roads to have a minimum right - of -way width of 50 feet, ten feet more than existing width of the servicing street, that is, 62nd Avenue South. 4. The proposed roadways: a. Do provide 20 feet of pavement. b. Do not provide 7 feet of crushed rock shoulder on each side. 5. All utilities must conform to established city standards and should be dedicated to the city after proper installation. Utilities should be extended to the westerly property line and devised in such a way that will accommodate future connection. 6. Consideration should be given to the need for turnarounds on each road to protect the public health, safety and general welfare. Fire Department recommends a 65 foot turning diameter or a fire hydrant at the end of each road. 7. Since no local comprehensive plan or regulations exist regarding open spaces, alleys, parks, playgrounds, or school sites, the proposed sub- division appears to be in the public health, safety and general welfare in these areas. • RECOMMENDATION: Administration recommends approval of this preliminary subdivision only with the following conditions attached: 1. The road be constructed with a 20 foot paved width, 7 feet of crushed rock shoulder on each side and a ditch section be designed in accor- dance with Tukwila Municipal Code standards and included on each side of the roadways for storm water collection. 2. Monumentatio.n of each corner of the subdivision and each lot line as it intersects with any of the road right -of -way. 3. That a 50 foot right -of -way be dedicated on each proposed street. 4. That the sanitary sewer and water mains be built to city standards and dedicated to the City and an adequate easement be provided for their maintenance. In addition, the water main be a loop system, preferably through lot 7, with 3 gate valves provided in the system. 5. Dedication of five feet of additional public right -of -way along the entire east property line adjacent to 62nd Avenue South and the execu- tion of a developers agreement with the City to agree to participate in any future L.I.D. to improve 62nd Avenue including any utility or other related improvements needed in conjunction with the street improvement. City Council Administrative Report 6. That a 65 foot diameter turnaround be required at the western terminus of each road. At such time as any roads are extended west any turn - around area outside of the 50 foot right -of -way shall revert back to the owner of the abutting property. NOTE: Local ordinances dictate the requirement of item 1 in the above recom- mendation. State law requires monumentation of each corner of the boundaries of the subdivision. The additional monumentation of lot lines where they intersect with the proposed right -of -way is an admin- istrative recommendation that is considered to be in the public interest and state law authorizes local governments to require internal monumen tation of lots. Page 4 April 5, 1976 : 15, 1976 7:00 P.M. FL. \G SALUTE AND C.-UL 1'O ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL TUKWILA CITY COUNCIL REGULAR MEETING L 'Inrn I Tukwila City 1tal1 Council Chambers M I N U T E S 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. Deputy Clerk Doris Phelps, Planning Director Kjell Stoknes, City Attorney Donald Fleming. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE MARCH 1, 1976 REGULAR MEETING MINUTES BE APPROVED AS PUBLISHED.* Mayor Bauch noted a clarification of the Minutes which was read by the Deputy Clerk. MOVED BY HILL, SECONDED BY MS. PESICKA, TO AMEND THE MOTION THAT THE CLARIFICATION BE ADDED TO THE MINUTES. ** Councilwoman Harris stated the comments in question made by Councilwoman Pesicka cannot be changed so the clarification should be included in tonight's meeting's Minutes. * *SECOND AND MOTION WITHDRAWN. Councilman Van Dusen questioned a vote as noted on Page 8 regarding Alternate #1. Mayor Bauch stated this would indicate that the Motion had failed unanimously since no "yes" votes were recorded and no roll call was taken. *CARRIED. The March 1, 1976 Minute Page 11, paragraph 3, should be clarified to include that Public Works Director Steve Hall had not made the state- ment to Councilwoman Pesicka that he disagreed with the zoning. MOVED BY HILL, SECONDED BY SAUL, THAT THE MARCH 1, 1976 SPECIAL MEETING MINUTES BE APPROVED AS PUBLISHED. CARRIEL MOVED BY HILL, SECONDED BY SAUL, THAT THE BILLS BE • ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNT Councilman Traynor questioned Vouchers #8026 and #8000 in payment for medical supplies to Officer Maxwell. He stated these expenses should be covered by the LEFF Act. Mayor Bauch stated any items not covered by the LEFF pay - ments are to be paid by the City. Mayor Bauch further explained the bills. MOVED BY TRAYNOR, SECONDED BY SAUL, TO DELETE VOUCHERS #8000 AND #8026 UNTIL POLICE CHIEF JOHN SHEETS CAN CLARIFY THAT THESE ITEMS ARE COVERED BY LEFF. CARRIED. Council President Hill questioned Vouchers #8020 and #8021 payable for services of the present City Attorney for 1975 and 1974. He stated he would like the opportunity for the Council to be brought up to date on the events during the next Committee of the Whole meeting. He stated he did not feel it was fai] to ask the newly elected Council Members to vote on these without having some explanation. MOVED BY HILL, SECONDEI BY VAN DUSEN, TO WITHHOLD VOUCHERS #8020 AND #8021 TO DISCUSS AT THE NEXT COMMITTEE OF THE WHOLE MEETING. ** Councilwoman Harris stated since our City Attorney is present right now, we can discuss it tonight. Council President Hill stated there are two public hearings on the Agenda tonight along with our other business, and he preferred to discuss this next week. Councilwoman Pesic] stated she had not reviewed those particular Vouchers. Councilman Van Dusen stated he had several questions about the bills and he felt it would take some time to review those costs, amounting to about $12,000. Council' man Traynor stated he was satisfied with the firm's sery ices, but he stated the new Council Members should be appalsed of the Council's actions of the past two years. **CARRIED, WITH GARDNER AND MS. HARRIS VOTING NO. *MOTION AS AMENDED, CARRIED. - Vouchers #7982 - #8113 Current Fund #7982 - #8079 $27,930.55 Street Fund #8080 - #8087 406.02. Fed. Rev. Shg. #8088 392.66 Water Fund #8089 - #8099 17,159.06 sewer F #S1.00 - 18112 20 065.00 W/S Const. #8113 8.25 <<u, �, p.l;t tc lI 1, V(.)IIt'11 $ PU111.11! III,\RItdGS Rec{rtw• i for rezono (Ii'.I to C-2) 1 "I" property local I.o,I in area of Str.'autII't' 111 vd. & Sou t. I l 1' I l l 1 "r Pa rkwrl )' (Ant{, r ..,l►II ) OI.,{1 I;II; I tlli; Nli;'; Itll ; 1 •;I '� Bic(01 1 „ 11 11°1 Puri. il'1 - Cony. LID .. LII) C -37, 38, 39 R -26 C -4 R -4 $1,452.72 1,452.72 $734 .00 734.00 Dtay,� 1+,;, declared the public hearing open at 7:20 A oo la Rc;:: '11011' 1' I I c or t I ,�Il ltfl ronensive Plarr P.I :t Il Plan, III; Corms, i Director Kjell Stoknes reviewed the mo r r'1! with the citizens committee and the Pl � anni.rr;� )'lion.. Gary Crutchfield, Planning Department, stri r ,.,1 that Mrs . Bernhard and Mrs. . Van Dusen, pre:s,ent in thc. „r i ence, were among the members of the citizens con 1 1 e which was chaired by a member of the Planning an Co m1 .,:r i on Mayor Bauch called for comments from the d i ': (11 ,, Cr�' t l r rr < <n Van Dusen asked if the information covered in thoure '' was going to be made available to the City Corarl� I l and the public. Mayor Bauch stated the informa- a on I� to use with the maps will be available when e rrr,ll,:, portion of the update is presented. Kjell Stol°'; stated much of the information covered by the com U lj$H es is available in the Data Inventory and in Nlarr , Department files. No cr ,llrrl ' ants for or against the subject were made. M llfluch declared the public hearing closed at 7:26 P. Ma 1 kuch declared the public hearing open at 7:27 P.M. o t" f 11 r ;loknes, Planning Director, reviewed the history h rezone request and stated the Planning Commission h �IIII:urred with the staff report and added condition thei r,: r 6; . The developers agreement should contain all thei.:l,, nditions. Mayor Bauch called for audience com- ment.: Councilman Traynor requested that the property loc `r 11''rl be pointed out on the map. Kjell Stoknes locat( the =;11„ 1!Ir. t a l l I I s Crumbaugh, Segale Business Park, requested the read ream:; ,11►d conditions be read. Deputy Clerk Doris Phelps No c•, 1 1 i" information from the staff report. • Y I ' r ' 111 ji nts for or against the subject were made. )4I�1 c � 1 i'Iuch declared the public hearing closed at 7:32 P MOVIijI DtE1ltt.11 he HILL, SECONDED BY MS. PESICKA, TO SCHEDULE CON'; ` 1976 AS A COMMITTEE OF THE WHOLE MEETING TO 111 i' A E E PROPOSALS AT 7:00 P.M. CARRIED. Cotttt1 ." Itch stated he requested this item orb the Agenda. aotrtl, I f President Hill pointed the area out on the map and President cover letter from Ballaine i` Halliday, the firm I' ,1 ,t • the appraisal for all parcels in the anro 11 11 III , 1 $106, ls0 . MOVED BY HILL, SECONDED BY VAN DUSE. SIC Ii I 11 1 I IIS ITEM TO THE MARCH 29 COMMITTEE OF THE WHOLE -11 AGENDA. CARRIED. rn l HIttch read from the February, 1976 Bicentennial PtliC crrc I I .I,,l.l t Ions newsletter, a copy of which is on file in in Il „ IL's office. The requests for City participation purk projects were discussed (grass, fencing and KI‘"iI..A CITY COUNCIL MEE arch 1, 1976 Page 3 NEW BUSINESS - Cont. Bicentennial projects - Cont. Formal Motion 76 -3, Declaring intent to adopt Residence Element as part of the Comprehensive Plan Formal Motion 76 -4, Designating alternate member to the Metro Sewer Advisory Committee Ord. 964, Adopting Park & Open Space Plan & Capital Improve- ment Program as part of the Comp- rehensive Plan & repealing Ord. 546 SECOND READING OF ORDINANCE benches). Councilman Van Dusen stated there should be some form of recognition for all those who have donated time and materials to these Bicentennial projects and for work on the cabin. Mr. Frank Todd stated he had donated the cedar shakes for the cabin and he would like to have some kind of receipt for income tax purposes -- others might need one too. Councilman Saul stated he needed authorization from the City Council before the grass and grading work can be done. It is our intent to get as much volunteer labor as we can. MOVED BY TRAYNOR, SECONDED BY HILL, TO • AUTHORIZE MONEY OUT OF THE BICENTENNIAL COMMITTEE FUNDS FOR GRASS AND RELATED MATERIALS IN THE PARK. CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, TO AUTHORIZE COUNCILMAN SAUL TO EXPEND UP TO $500 FOR. FENCING FOR THE BICENTENNIAL PARK. CARRIED. Mayor Bauch stated this item was prepared as information• only as part of the public hearing documents. MOVED BY HILL, SECONDED BY MS. PESICKA, TO PLACE THIS ITEM ON THE MARCH 22, 1976 COMMITTEE OF THE WHOLE AGENDA FOR DISCUSS- ION AND PUBLIC INPUT. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT FORMAL MOTION 76 -4 BE READ IN ITS ENTIRETY. CARRIED. Deputy Clerk Doris Phelps read the Motion. MOVED BY HILL, SECONDED BY TRAYNOR, THAT FORMAL MOTION 76 -4 BE ADOPTED AS READ. CARRIED. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. City Attorney Fleming read proposed ordinance of the City of Tukwila relating to Comprehensive Planning, Adopting a Park and Open Space Program (including a Capital Improvement Pro- gram) for the City, declaring said Program to be an ele- ment of the Comprehensive Plan and repealing the former Comprehensive Park and Recreation Plan, prepared by the firm of Olsen, Richert & Bignold, as passed by City of Tukwila Ordinance Number 546, by title only. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT ORDINANCE 964 BE ADOPTED AS READ.* Councilwoman Harris stated the City Council had :determined when the present Park Plan was in need' of updating, it would be a process of amending the Plan not repealing it, although the Council's specific authorization to the Planning Department may not have been clear on that. She stated she did not want to repeal the preseni Plan because there are some things that we can still use even though much has been carried over to the new Plan. 'Councilman Traynor asked Councilwoman Harris to be more specific as to which parts of the present Plan should not be repealed. Councilwoman Harris stated she would like to have the pre- sent Plan amended rather than repealed. It met at that time all of the requirements for the Forward Thrust funds for parks and she would like to see Olsen, Richert i 13ig- nold's basic plan expanded by this new Plan as an amend- ment. Councilman Van Dusen disagreed, stating the new Plan takes out the civic center, the city hall., the main- tenance facilities, etc. which no longer apply. This new Plan was compiled with a large degree of citizen :input as well. which he fel t was important. TUICI'rILA CITY COUNCI MEETING March 1, 1976 Page 4 SECOND READING OF ORDINANCE - Cont. Ord. 964 - Cont. RESOLUTIONS Reso. 519, Authorizing Mayor to execute agree- ment for banking services with Peoples National Bank of Washington Proposed resolution, MOVED BY PESICEA, SECONDED BY Approving Todd's READ BY TITLE ONLY.* Rainier Vista being Planning Dept. Fi.le #MF- 76-•2 -Sub. , sub- ject to conditions of the preliminary plat • • Mr. Chris C:rumbauglr, Segale Business Park, .stated he hoped the bike trail along Southcenter Parkway would no be utilized until some improvements are made due to the heavy commercial traffic in the area. The Council re- ferred.to Page 51 of the Plan to review this project. Councilwoman Pesicka stated that by adopting this Plan, we are not automatically making all these projects effe tive although hopefully, all the projects can be accom- plished. Kjell Stoknes stated the project appears here an intention to develop a right -of -way for bikers. Discussion continued. Mayor Bauch questioned the procedure to amend or repeal the present Plan. Attorney Fleming stated an amendment would be appropriate if you are saving some of the ele- ments of the original Plan. With this new Plan, we ar making some additions and some changes. Repealing the present Plan is a complete action and it may not be the intent to do that. Kjell Stoknes stated the intent as the Planning Department understood it was to replace th original Plan. We threw out the public facilities elem from the original Plan. We feel it is important that t Capital Improvement Program be adopted. Whether the pr sent Plan is amended or repealed makes no difference fr a planning aspect. Councilwoman Pesicka stated if the funding proposals ar due April 1 for the Christianson Rd. project, then it i necessary to pass this Plan. Councilman Traynorstated felt the important elements of the old Plan are incorpo ated into the new Plan. *CARRIED, WITH MS. HARRIS VOTIN NO. FIRST READING OF ORDINANCE Proposed ordinance, Mayor Bauch stated this ordinance was prepared as part Reclassifying of the information for the public hearing and was not property located intended as part of the Agenda. MOVED BY TRAYNOR; on West side of SECONDED BY SAUL, TO PLACE THIS ITEM ON THE NEXT REGULA Southcenter Park- COUNCIL MEETING'S AGENDA. .CARRIED. way approximately 1,000 ft. South of Strander Blvd. from R -1 to C -2 (Anderson) MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESOLUTI BE READ BY TITLE ONLY.. CARRIED. Attorney Fleming read proposed resolution authorizing Mayor to negotiate an agreement with Peoples National Bank of Washington to provide banking services, by title only. MOVED BY HILL SECONDED BY SAUL, TO ADOPT RESOLUTION 519 AS READ. CARRIED. TRAYNOR, THIS BE Councilman Traynor: Maybe this isn't the right time tc bring this up, maybe it should be brought up at the tir when whether we adopt it or not. I guess what I'm more concerned about is the procedure on this thing is thp I for one feel that this plat should be returned to applicant and have it brought up, in regards to the ro brought up to City standards which is 50 foot. And th reason I am saying 50 foot over the 35, I took a good look at the street I live on which is 50 foot now, not ,:VILA CITY COUNCIL j.rch 1, 1976 Page -5 RESOLUTIONS - Cont. Proposed reso., Todd's Rainier Vista - Cont. Mayor Bauch: Councilman Saul: Mayor Bauch: Councilwoman Pesicka: Mayor Bauch: Councilwoman Harris: Mayor Bauch: Councilwoman Harris: Councilman Van Dusen: Councilwoman Harris: Council President Hill: Mayor Bauch: Attorney Fleming: MEETING just the pavement -- the whole right -of -way, and right now when you get cars on both sides, it's crowded. And I can imagine what a 34 foot, even a 34 foot wide road would be. But I'm not sure of the procedure and when I should bring up this item -- whether I should do. it now for the second reading of the resolution or for the final adoption of it, but I strongly feel that this should be returned to the applicant and have the plat brought up. It is my understanding from Mr. Stoknes of the Planning Department and as he outlined. the procedure for filing a preliminary plat, that if you are going to reject this resolution, deny the resolution, you have to do it at a public hearing. So if you want that option open to you; then it's my understanding you'd have to set a public hearing to consider this resolution if you want that option to reject. How do you know this tonight if you don't vote? You either vote yes or you don't vote. How will you know ahead of time how we're going to vote? It doesn't make sense. Well, this is the way that my advice from the Revised Code of Washington has been set up. I have some questions regarding Parliamentary procedure. I'd like to, I know we have a motion and a second, is it proper to . ask for a recess to review the law on that part- icular matter to vote yes now or later. I would like to reread that -- do we make a motion to lay it on the table .or what's the proper procedure. I would like to have an opportunity to look.into that legal point. A motion to recess is always in order. Is it? Then I would move to recess for ten minutes so that we can do that with our ,City Attorney. Well, no, let's bring that out right now. Well, then, he can announce after we reconvene what the.. I'll second the motion to recess for ten minutes. Motion to recess carried with Councilman Van Dusen voting no. The meeting recessed from 8:22 P.M. to 8 :37 P.M. Mayor Bauch called the meeting back to order with'a11 Council Members present as previously listed. Will the City Attorney give us an interpretation of the R.C.W.? Yes, thank you Mr. Mayor. The State law requires that the City Council at this time if it is going to approve the preliminary plat, it may do so. I.f it's going to approve the recommendation, it may do so without setting another public hearing. However, R.C.W. 58.17.100 and .110 require that if there is going to be any modificatio or any changes made in the preliminary plat, that the Council should not do that tonight, it should determine if that is going to be done, but a date must be set in th future for a public hearing and the applicant must have a opportunity to be prepared and to present evidence and pr sent his arguments in favor and the matter must be.held TUKWILA CITY COUNCIL MEE'T'ING March 1, 1976 Page 6 RESOLU'T'IONS - Cont. Proposed reso., Todd's Rainier Vista - Cont. Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: ,Attorney Fleming: Frank Todd: Attorney Fleming: Frank Todd: C in an open public hearing. So my recommendation is than you determine whether or not there are some objections or if there are any changes that. the Council believes should be made in this preliminary plat and if so, you do not make the changes tonight, you set a public hearir and do it then. Any questions of the Attorney? I have one. Mr. Todd? Are you saying then, Mr. Fleming, that we go into the I public hearing with a pre - determined conclusion on the part of each Council Member that suggests changes in this thing? They're going to state their opinion here tonigr1 and vote on it, or maybe perhaps they are not going to vote on it, but they are going to state 'their reasons fcl recommending changes and then are they going to vote in the hearing or are they not going to listen to the argu ments. Well, no, I would understand that the City Council would sit in the public hearing, would be advised by the evi dence, the facts that are presented at the public hearir, I don't believe anyone would make up his mind ahead of hearing that evidence or considering the facts. If it is the intent of any member of this Council to alter the recommendations of the Planning Commission, it seems to me it's pretty obvious that they intend to alte the facts.and stand on without hearing any of it. Well, I think we're getting into the mechanics now, Mr. Todd, but I first heard the discussion of some of the Councilmen who had some technical questions about the plat, and it seems obvious that the State law is designe to accommodate the most efficient, orderly and reasonabl decision - making and they should refer this back, for example, if it's a question about the road, then the Cour cil would direct the Planning Commission and the staff t study that carefully and come back prepared with specifi facts after the hearing. And also give you. the oppor- tunity at the same time to come in with facts as you see tt and then if there is a dispute, then the Council will make up its mind. But I don't think anyone will make ur his mind ahead of time. I think that regarding the width of the street the legal demands of the City can make on me as far as the widths of the streets are concerned are at issue here, and now I'm told by staff,the people in charge of these various departments who control these contingencies, to do one thing that I can do on this and then a Councilman comes in here and.says he looks out of his windot and determir the streets are too narrow because the one is too narroi in front of his house, he's going to have t'o recite for me the T.N.C. that backs him on his position -- certain] not his personal opinion can't enter into this plat approval or rejection. I think it has to be in accorc ance with the law. And the plat was drawn by a profess- ional engineer and he knows the law. I just don't thin] that, I think if there's going to be an argument it won' be technical, it will be a legal argument. /ILA c I1 Y COUNCIL MEF ' 1.NG .rch 1, 1976 Page 7 RESOLUTIONS - Cont. Proposed reso., Todd's Rainier Vista - Cont. Mayor Bauch: Councilwoman Harris: • Attorney Fleming: Councilwoman Pesicka: . Attorney Fleming: Councilwoman Pesicka: Attorney Fleming: Councilwoman Pesicka: Attorney Fleming: Councilwoman Pesicka: Attorney Fleming: Councilwoman Pesicka: rft Attorney Fleming: Well, Mr. Mayor, I presume that both the City Attorney and the City engineer and the City planner will be better prepared at the meeting after studying this problem. Any other questions from the table? Yes, Mr. Mayor, I would like to direct a question to the City Attorney about the items that would be the proposed changes. Should they be made known this evening so that when the staff can do the necessary work and if so, should they be made in the form of a motion specifically outlining these questions to be discussed at the public hearing? Yes, I think it would be appropriate to advise both the City planner and to advise the applicant in all fairness as candidly as possible I believe so that everyone under- stands what the thinking is or what the questions are that are being raised, but it must be returned to the Planning body for further work and further study and development. I had a question of the City Attorney, too. I'm not real well versed in this type of thing, so would you explain the difference between a preliminary plat and a regular plat or is there one or what is the difference. Well, with a final plat you mean? Yeah. Well, there's often quite a big difference. A preliminar plat doesn't contain much of the detail that must be pre- cise and must be final and you may have a good point here that a preliminary plat . . . I don't have a point at all. I'm trying to understand. Well, a preliminary plat doesn't necessarily contain all of the final detail and the engineering, the distances, the surveys and all of the detail that is required by law doesn't have to be in the preliminary plat. So if this preliminary plat weren't approved, we wouldn't be bound by the boundaries in it. Is that what you're saying? Well, I would think that if you approved a preliminary plat that the items that you might be in a difficult position later to make changes in what you have already approved. For example, I assume that the preliminary plat,and I haven't.yet read it, I assume that it.must hav some width of streets. Well if you approve that plat, it isn't fair to come back to the developer or. the applican later and say, well, we've changed our minds -- we think you ought to have a wider street. That wouldn't be very fair. So I gather that what you're asking is if it's • 'necessary to consider the preliminary plat as an importan plat. Well, no, what I was trying get is in horse - trading, somebody names a price and it's just a starting price for working back and forth and that's not the case here, is that what you're saying? . Attorney Fleming: It's a little different than that. 1 U 1'. 1 1 1 1J 1 l .L 1 1 V v. 1 lJ 1 1 J 1 1 1.4 L 1 .1 1 1 V March 1, 1976 Page 8 RESOLUTIONS - Cont. Proposed reso., Todd's Rainier Vista - Cont. Mayor Bauch: Councilman Saul: Mayor Bauch: ' Mayor Bauch: Councilman Saul: Councilman Traynor: Councilman Saul: Mayor Bauch: Councilwoman Harris: Mayor Bauch: Kjell Stoknes: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch: Mr. Stoknes? Any other discussion? Second. Kjell Stoknes: To add just a little bit to that. A pre liminary plat should take care of all the controversial items. It should take care of all of those surface it( that you can see. The lot lines should be very well fixed, the street widths should be established, the fa( that the utilities should be to City standards or not .should be established, the width of the road, the consi tion to City standards should be established so that tl applicant can go back to his engineer and say, I wane you to give me the final drawings in this plat includil all the underground work, the specifications on the roads, everything, so I can take it back to the City Council for final approval and get on with it. The pre liminary plat is the one that generally has a public he ing and the final one should merely be the applicant following through on the Council's instructions. If h( does, the Council should just give a rubber stamp to 11 and say, go to work. We got a motion? Yes, we have a motion on the floor. Is there any other discussion. If the motion carries, then that would be read the resolution and then you would have it on the floor. If the motion fails, then you would be able to set a date for a public hearing to consider any other matters that you want to instruct Mr. Todd. I call for the question. The question has been called. All those in favor of tl motion, signify by saying aye. (No response.) Oppose( (Council Members responded with no's.) Motion carries I mean, motion fails. I'll make a motion to set a public hearing for the 5th April to discuss the recommendations set forth by staf: on the stipulations to go along with the preliminary p: A motion has been made to set April 5th for a public hearing for considering•the amendments to the prelimin� plat by the Council. Moved and seconded. Is there an: discussion? Does that meet our time requirement for advance notice' The 15 days? There's three weeks because of the extra week. State law requires ten days unless we have a local ordinance more restrictive than that. 4 (Counting) We have over 20 days. Mr. Mayor? Mr. Todd. You leave me in an utter state of confusion with this. procedure you're using. What I want to know and it ha. .been answered yet is what objections specifically does this Council have to the plat that was approved by the Planning Commission. Somebody is going to have to tel ,: ILA CITY COUNCIL MPJ' NG c,rch 1, 1976 age 9 RESOLUTIONS - Cont. Proposed reso., Todd's Rainier Vista - Cont. Mayor. Bauch: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: L. Mayor Bauch: Council President Hill: me something to prepare my defense, if you will. And I haven't heard anybody say anything except Mr. Traynor and what he said just can't be applicable to this situation. Mr. Todd, we have been advised to hold a public hearing. A public hearing has been set. Well, what is the public hearing going to accomplish other than to hear from the Councilmen that have some objections to the original plat? They're going to hear recommendations for changing to preliminary plat and reasons for or against changing. Well, then, maybe I should pose this question tonight to you if I may have your permission to ask the City Attorney what position does this put the applicant in with regard to imposition of further complicating res trictions on this plat by the Council. How do I defend it? Are you asking that question of myself or of the . . Well, if you don't know the answer then ask the attorney, maybe he'll know. Well, the answer is that the public hearing will determine what it . . . the Who's going to testify at the public hearing? They've had a public hearing and the thing has been approved as a result of that, with three stipulations. Now when we have our next public hearing, does mean that the Council is going to come out here in the audience and speak against this thing or for or whatever they're try- ing to promote ?, It's obviously a promotion, an effort to try,to kill the whole thing. But, how do I rebut input from the Council that night when you are going to make up your mind obviously from your own testimony, the positions of which I think we have a feeling on now. I can't answer that. Mr. Stoknes? Kjell Stoknes: We're stuck in a procedural dilemma here because. State law says we can't make a change to the .Planning Commission's recommendation which means if they recommend approval, you can't put new conditions on or deny it without having a public hearing. So far we have had one public meeting prior to tonight. Tonight is the second public meeting and those are unpublished. Public hearing meetings -- it • has to be published and it sounds to me like the Council is saying, we're gonna make some changes to it but it hasn't yet committed to what type of changes, whether it means more conditions, modifications to it or an outright re- jection. And the attempt here is to comply frith the State law which I agree, it leaves the applicant uncertain as to what's going to happen for another three weeks. But'.it's one of those State law procedural things. I was wondering of Mr. Fleming, you made a statement that the objections that the Council has at this time should be made public so that the applicant could then come up with a defense for the public hearing. Is that the state- ment you made or did I misunderstand you? Attorney Fleming: I think you certainly could, Mr. Hill, and I think to be fair with an applicant if there are some reservations on TUKWIL:\ CITY COUNCI MEETING ?.larch 1., 1976 Page 10 RESOLUTIONS - Cont. Proposed reso., Todd's Rainier Vista - Cont. Councilman Saul: Mayor Bauch: Frank Todd: Mayor Bauch: Councilman Saul: Mayor Bauch: Councilman Van Dusen: Mayor Bauch: Kjell Stoknes: Councilman Van Dusen: Kjell Stoknes: the part of the Council or if there are any technical problems that some people see, I see nothing wrong with advising him or having him be prepared on that. It cer• tainly would enhance the quality of the next public. hearing. I'd like to say what I think about it. Obviously, there only one thing and that's narrow streets and it was sta that upon the opinion of the Planning Department that went ahead and had his engineer draw this according to what City standards were. Well, I debate that the Plan Department would advise anybody to put in 35 foot stree We've had a situation like this in the past and the pas mayor knows this where we had streets very similar to that before and we ran into nothing but problems. I think for the City to do that twice in a row would be foolish, to jump into little streets like that again. That's what I'm looking at and that's what the Planning Department and Planning Commission should be looking at is the width of those streets with no turn- around and n way to get in and out except back in or back out Mr. Todd, will you please wait to be recognized. Mr. Mayor, I haven't said anything yet. Excuse me if I interrupted the conversation. You're out of order. I guess .I won't say any more. Mr. Van Dusen. I think Mr. Todd brought up a question that hasn't been answered about where does it stipulate that we can cont him on those streets. Does anybody have the answer on that? Mr. Stoknes? Thank you. The subdivision ordinance of Tukwila has tti% separate sections in there. One deals with roadway. I calls for basically a 34 foot roadway section with an open ditch included in that. We also have a section in there that says 50 foot right -of -way is required in a residential subdivision. The key is no where in there does it say that a subdivision has to dedicate public right -of -way. Now that's the fundamental question. Ti recommendation the Planning Commission passed along, ti didn't say but their assumption was that we can't require a dedicated 50 foot right -of -way because it doe say so. I think you can interpret it both ways. You heard from the assistant attorney two weeks ago who sai yes you can require that 50 foot dedicated right -of -way At this point, this is your decision now to deal with. If you say that you can require a 50 foot dedicated rid of -way, that sets a pattern for the future. All subdi\ sions most provide public right -of -way unless you speci individually why this is a unique situation. But, basj ally, it sets the trend. But that's the key -- can yol or can you not require a public dedication and you can interpret it either way you want. What we really need, I think, is an ordinance stating that. • Now you have the ordinance stating it. What you have a dilemma on the interpretation of it. ,n„ILA CITY COUNCIL iMF( arch 1, 1976 Page 11 RESOLUTIONS - Cont. Proposed reso., Todd's Rainier Vista - Cont. Councilman Van Dusen: Kjell Stoknes: Councilman Van Dusen: Kjell Stoknes: Mayor Bauch: Councilman Traynor: I think Mr. Stoknes has said the key words that it sets a precedent and it's like our 90 foot signs down there where once we got the one, we got three. The Council set a precedent that we would allow 90. •foot signs and all of the sudden we got three. So if we allow a 30 foot road, we're going to have lots of them. If he doesn't want to 'put in a standard size street then why plat? I mean, it': going to be a private road and he's going to put some development in there, then why plat? Canyon Estates did not plat their inner roads. Mayor Bauch: Councilman Van Dusen: Frank Todd: Mayor • Bauch : Frank Todd: Mayor Bauch: Councilwoman Harris: T NG Councilman Van Dusen: Okay, what we need is a clarifica- tion of the ordinance. Kjell Stoknes: You have the power to do that by action just by deciding whether or not you want the dedication or not. That is what sets it for the future. That becomes the interpretation of your ordinance and it's just as valid as law. Yeah, but it always gets into the problem of we can.re- quire it here but next time we won't require it. Then you would be subject to a law suit. That's what I'm alluding to. You should be consistent once you act. .I may be out of order by saying this much. Maybe it's Mr. Fleming who should be saying this. Mr. Traynor? Mr. Van Dusen. I would agree with what Skip says and I believe what we have to do is make that consistent 50 foot by. ordinance for clarification. Mr. Mayor.. May I speak? Mr. Todd? To the subject of consistency -- there are all kinds of examples in this town inconsistent with T.M.C. and I'm addressing myself especially to streets and I.can name you five of them just boom, boom, boom, like that. Several of them are private streets or were. Several of them have been cut pretty thin but they're still private roadways in Tukwila under private ownership that are only 20 feet wide. And I think the precedent has already been established. Now if you're going to be arbitrary and capricious in this case, then I'm going to be, you know, do what I have to do to straighten it out. The only person it will make happy is Mr. Fleming. Any other' discussion? Mrs. Harris. Since I have been sitting on the Council, this is the second time that I can remember considering a plat. And I can only address myself to prior experience of consid- eration on the plat itself. It seems that we are charged as the legislative body to consider the health, safety an welfare of the people living in this 2.5 acres as well as the total community. I agree with Mr. Traynor very def- initely about the streets. We do have the Tukwila Code which requires a right-of-way of 50 feet and we have another Tukwila Code stating a 20 foot paved with 7 foot s ho u lder nn eac s id e . IJn a lso h ave the authority to, as '1'UKWIL:\ CITY COUNCIL MEETING March 1, 1976 Page 1' RESOLUTIONS - Cont. Proposed reso. , Tb d' ti Rainier Vista - Cont. Mayor Bauch: Mayor Bauch: Doris Phelps: Mayor Bauch: Councilwoman Harris: Mayor Bauch: Councilwoman Harris: Mayor Bauch: Councilman Saul: Councilman Van Dusen: Kjell Stoknes: Councilman Van Dusen: Kjell Stoknes: Councilman Van Dusen: Kjell Stoknes: a condition of the subdivision approval, require the deg cation of land to this public body for that 50 foot ri of -way. And also in the same interests, we have I shout think the same authority to require the construction to City standards of all of the utilities involved and. the dedication of those utilities to the City of. Tukwila. Therefore, I would move that the change to the Planning Commission's recommendations that would be considered at the public hearing on April 15 that the City Council address itself to the issue of requiring a 50 foot right of -way on each street proposed in the plat in accordance. with T.I.C. 17.08.010 (1).* *That's one and I've got some other . . . I think, this is not in the motion, Doris, some other proposed things should be considered and I think they should be separate motions. Do we have a second? Councilman Traynor: Mr. Mayor, we have a motion on the table already. No, we don't. We're in discussion. Councilman Traynor: Oh, I thought she made another motion.. I'm sorry. Mayor Bauch: We have this motion now here to require in the public hearing to consider the 50 foot right -of -way. Councilman Traynor: Oh, I see. Okay. Mr. Mayor, the motion to set the public hearing date was not voted upon. Well, all right . . Am I out of order? You're out of order. I stand corrected. * *I'11 withdraw my motion. We're on setting the public hearing date of April 5th, the motion was never voted upon. Is there any more discussion? Question. Go ahead. I guess I'm kind of confused. I guess I want an outline of where we stand, where we're going to go after this public hearing and what we're going to do in this public hearing. Can anybody tell me that? I can tell you what the State law says. How about paraphrasing it? The public hearing, you can change the Planning Commiss- ion's recommendations by adding new conditions to it, which could include a 50 foot right-of-way. You can add that condition to it and include any other conditions to it and approve it or you could deny it and state your reasons for denying it. But we are to wait until the public hearing before we lay this all out? Before you can actually do the action, yeah.. KWILA CITY COUNCIL MEF 'TNG a rch 1, 1976 Page 13 RESOLUTIOiNS - Cont. Proposed reso., Todd's Rainier Vista - Cont. Councilman Van Dusen: Kjell Stoknes: Councilman Van Dusen: Mayor Bauch: Councilman Saul: Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd:. Mayor Bauch: Frank Todd: Mayor Bauch: Frank Todd: • Mayor Bauch: Frank Mayor Frank Mayor Frank Mayor Frank Mayor Todd: Bauch: Todd: Bauch: Todd: Bauch Todd: Bauch: " yes" or "no" or else. Are you asking me to leave now? f Actually you can consider the request of the applicant as it is. If there are things in that that you don't like, I should leave it to Mr. Fleming to say whether you can put conditions on it to change the Planning Commission's recommendations. If you make it a 50 foot right -of -way dedication, can you approve that without the applicant first amending his plat, preliminary plat. Technically, he is not before you with that. Okay, where do we go from there? Do we go to another Well, that's a question I don't know. It goes back to your two readings of resolutions to approve. If you need to introduce a new resolution, can you introduce it as a substitute and pass it that night or does it tak( a new resolution? I don't know. This is a technical question. Oh, I don't know, it seems like we're just stretching something out here too far. Any further discussion on the April 5 public.hearing? Question. Question has been called. All those in favor of schedul ing a public hearing for April 5 to consider this sub- division, signify by saying aye. Council Members stat several "ayes ". Opposed? Council President Hill voted "no ". *Motion carries. Mr. Mayor? It seems to me rather presumptuous to set a public hearing before you determine you are in disagree- ment with the preliminary plat as recommended by the Planning Commission. I just don't follow this routine. Excuse me, I might be the one mixed up. I feel based on the instructions of the City Attorney, the Council took the proper action. I haven't seen any formal action taken You've just seen.it taken. • • to change the Planning Commission's recommendation You've just seen it taken, Mr. Todd. Any other No, I don't think I have, Mr. Mayor, I think you're out of order. Mr. Todd, you're out of order and I'll ask you to leave if you continue this type of outburst. il If you don't stay in order, you can leave. ': Are you'asking me to leave, your honor? Arc you going to stay in order? I think I've been in order. I've been in order for abot two years here. All right, then I would ask you to leave, Mr. Todd. You're asking me to leave? I have that right. March 1, 1910 Page 14 c RESOLUTIONS - Cont. Proposed reso., Todd's Rainier Vista - Cont. Frank Todd: Mayor Bauch: Councilwoman Harris: Mayor Bauch: Is that the end? Councilwoman Harris: Yes. Mayor Bauch: Is there a second? Councilman Traynor: I'll second it. Mayor Bauch: The motion has been moved and seconded. Any questions? Councilman Traynor: Yes. Mayor Bauch: Mr. Traynor? Councilman Traynor: Is it possible to make an amendment to that motion'to ac and also discuss other items that the Planning Commissic did not take action on regarding the recommendations frc the staff? Mayor Bauch: Yes, an amendment is always in order. Councilman Traynor: I'll make a motion that we also consider the . Mayor Bauch: Amend her motion. Councilman Traynor: I'd like to amend her motion to also add that those iten that staff had recommended which were not considered by the Planning Commission. ** Councilman Saul: Second. Frank Todd: All right, are you asking me to leave or no? Mayor Bauch: Yes, you're out of order and I'm asking to leave. All right, thanks, your honor. (Mr. Todd left the meet; Any other action on this item? Mrs. Harris? Yes, thank you, Mr. Mayor. I will re- introduce my motio At the public hearing of April 5 concerning this matter one of the changes to be considered will be the require ment of and dedication of a 50 foot right -of -way on eac street of this plat which would be in accordance with T.M.C. 17.08.010 (1).* Mayor Bauch: It's been moved and seconded to amend the motion to add that you consider those items that were recommended by staff but not considered by the Planning. Commission. Any discussion on the amendment? Council President Now this, your honor, are we just taking all the recomm€ Hill: dations or are we still going to have to list.. . . . in other words, . . . 4 Mayor Buach: Well, it would be my interpretation would he it included them al l , in now. Council. President You're saying to consider all of them instead of just or Hill: Mayor Bauch: That's right, to consider them all. Mr. Crumbaugh. • Chris Crumbuagh: I just have a question on it and maybe your City AttornE can answer. I was just wondering about whether you should take action after the, I know it's an un'fortunatE circumstance when the applicant just left, but .take acti without the applicant being here. • soLILA CITY COUNCIL MEE'JTNG rch 1, 1976 age 15 RESOLUTIONS - Cont. Proposed reso., Todd's Rainier Vista - Cont. Councilman Saul: Mayor Bauch: Councilman Saul: Mayor Bauch: Reso. 520, Authorizing Mayor to execute an agreement with King County for soils testing Proposed reso.,.. Authorizing Mayor to negotiate and execute agreement with LeSourd, Patten, Fleming Hartung for legal services as City Attorney Proposed reso., Authorizing Mayor to execute an agreement with Renton Area Youth Services (RAYS) Mayor's Report. Call for the question. / 14 Mayor Bauch: The, all items stated here are a matter of public record and they will be available to any and all persons. Question on the amendment. All those in favor of the amendment, signify by saying aye. Several Council Members voted "aye". Opposed? Councilman Van Dusen voted "no". **The amendment is carried. Any further questions on the main motion? Question. Question's on the motion as amended been called. All those in favor, signify by saying aye. Several Council Members voted "aye ". Opposed? Councilman Van Dusen voted "no ". *Motion carries. Agenda item 10.c. End ver batim transcript. MOVED BY HILL, SECONDED BY TRAYNOR, THAT PROPOSED RESOLU- TION BE READ BY TITLE ONLY. CARRIED. City Attorney Fleming read proposed resolution authorizing the Mayor and the Public Works Director to execute an agreement with King County Department of Public Works for soils and materials testing services, by title only. MOVED BY HILL, SECONDED BY SAUL, THAT RESOLUTION 520 BE ADOPTED AS READ. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Fleming read proposed resolu- tion authorizing Mayor to negotiate and execute an agree- ment with LeSourd, Patten, Fleming &,Hartung for compensa- tion for legal services rendered, and also read attached compensation agreement. MOVED BY HILL, SECONDED BY TRAYNOR, THAT PROPOSED RESOLUTION BE REFERRED TO THE MARCH 22, 1976 COMMITTEE OF THE WHOLE MEETING. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT PROPOSED RESOLU- TION BE READ. CARRIED. Attorney Fleming read proposed resolution authorizing the Mayor to execute an agreement with the Renton Youth Services to provide certain social services. Mayor Bauch stated this is the first reading of the resolution and the agreement to be attache is not yet available. He stated he is currently negotiat- ing with RAYS and others to determine the level of funding which will be approximately $5,000 with half of that amount on a referral retainer -type basis and the remainder for counseling area residents at $20 per hour. He stated the agreement should arrive this. week. MOVED BY MS:. HARRIS SECONDED BY MS. PESICKA, TO REFER PROPOSED RESOLUTION TO THE MARCH 22 COMMITTEE OF THE WHOLE MEETING. CARRIED. DEPARTMENT REPORTS 4 City Treasurer's Mayor Bauch reviewed the investment report 'for the month monthly investment of February with investments sold $1,100,000, investments report purchased $1,595,000 and interest income $18,230. Mayor Bauch reported the additional space authorized in the budget for the Police Department has been investigate( and we have decided to lease a trailer for office space. at $175 per month. It is located behind the existing Court /Treasurer trailer. Mayor Bauch stated negotiations with Mr. Desimone are going on but we still have not been able to agree upon an npp ra i Cer bu th mnv hP l'PC r' 1'r d next week when Mr. • Ilnsnnone returns from out of town. TUK ILA CITY COUNCIL MEETING March 1., 1976 Page 10 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Incorrect address Bicentennial cookbook Ver batim transcript request. City of Tukwila vs. Metropolitan Life u Terrace. Apts. Street ordinance Councilman Traynor stated he objected to having come to City officials from King County agencies maulr. to City of Tukwila, Seattle, Washington rather than r ! City of Tukwila, Tukwila, Washington. ° Councilman Saul reported the progress of the cookbook with the help in its preparation from citizens and students. We are now ready for printing but the paper for the 250 copies will cost about $700 and we don't know what the cost for actual printing will be yet. He stated the cost of the paper and printing will be returned to the City through the sales of the cookbook but at this time there is only $600 in the Bicentennial Committee's own bank account. Councilman Traynor relate his success in selling the belt buckles and suggested more be sold to raise funds for the paper and printing costs. Mayor Bauch stated it was the intent of the Citp,, Council that all expenditures for Bicentennial costs be approved by the Council before any is expended. Councilwoman Harris questioned if this is an authorized expenditure of the City's funds out of the Revenue Sharilj funds. We can anticipate that the books will be sold bud we do not know for sure that all of them will be. She k requested a legal opinion as to how this might be consid ed by the State Auditor. Mayor Bauch stated this will n be Revenue Sharing monies but it will come from the gene al fund. State law does allow cities to fund Bicentenni projects and he felt the cookbooks would be an authorize, project. Councilwoman Harris stated by going into the production of selling the cookbooks, the City will'be going into competition with private enterprise. Council man Saul disagreed. Councilwoman Pesicka asked if it would be proper for the City to deposit the amount neces ary for the cookbook into the Bicentennial account. Councilman Van Dusen stated since the Bicentennial was provided funding through the budget for 1976, he felt. the Council could approve this expenditure. Kjell Stoknf Planning Director, stated the funds coming back to the City from the 'sale of the cookbook into the general fund, should be distributed to the Bicentennial Committee as revenue. MOVED BY SAUL, SECONDED BY MS.:PESICKA, TO APPROVE AN EXPENDITURE FOR THE BICENTENNIAL COMMITTEE FOR THE COOKBOOK IN THE AMOUNT OF $1,500 FOR PRINTING AND PURCHASING PAPER. CARRIED. Mrs. Joanne Davis requested the Council to consider the possibility of having Agenda item 10.b. discussion pub- lished ver batim in the Minutes. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT ALL 10.b. DISCUSSION BE VER BATIM IN THE MINUTES. CARRIED. Attorney Fleming announced a settlement of one of the oldest cases of the City in the amount of $5,500 in pay- ment of the Terrace Apartments law suit dating back to 1965. He stated their firm reviewed the ce with the other attorneys in the case and agreed to not go to trial Mr. Al Pieper requested the City Council to initiate an ordinance stipulating the requirements for a private street in a specific manner and he stated all departments should have input according to their. interests. Council man Traynor stated if the staff feels that there is a need for such an ordinance or resolution, the mechanism is there for such proposals to go from the departments tc the administration and then to the City Council. •Council woman !Harris stated she supported Mr. Pieper's suggestior and fe.1t that what he was saying is that staff needs the guidelines and policies which can be initiated either at the staff level or at the City Council level. Proper KWILA CITY COUNCIC .MEETING arch 1, 1976 Page 17 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS - Cont. Street ordinance - local guidelines are necessary to enhance the State law Cont. for the benefit of the City and those dealing with the City. Discussion continued. Mr. Pieper stated the pro- blem exists ultimately for the City Council each time . .these situations come before the City. Councilwoman Harris stated the ordinance related to all residential development. It is difficult for staff to make decision! on these.matters without adequate rules to follow, and the rules should come from the City Council. Mr. Fred Shepherd stated the developer has come ,in to develop his apartments and has been turned down by the City Council and now it appears it is in the mill to turf down the developer again on the preliminary plat and he did not feel this was right. Mayor Bauch stated the staff is paid'to see the problems and to present possible solutions to the•City Council an( the Council then acts upon the recommendations. Regardii the subject of subdivisions, there. are not enough of them in the City of Tukwila to recognize the problems in the legislation and he does not think it is'desirable to enact a comprehensive ordinance to take"care of one iso- lated.problem. Councilman Van Dusen stated the Council . can direct the Mayor to get the department heads' ideas at the staff meetings. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT ADMINISTRATION INSTRUCT STAFF TO STUDY THE PROBLEM PRESENTED BY MR. PIEPER.. CARRIED. Councilor Gardner stated the Public Works Committee could research with staff ordinances from other cities. Council Presi- dent Hill stated all that is necessary is a clarificatio: of the existing ordinance and zoning codes and this coul, be accomplished by the Planning Commission. • ADJOURNMENT ' MOVED BY "SAUL, SECONDED BY PESICKA, THAT THE CITY COUNCI. • 10:05 P.M. MEETING ADJOURN. CARRIED. Edgar D. : , uch, Mayor Shirlee A. Kinney, Ci y Clerk % \; -ch 1, 1976 ',7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL PUBLIC HEARINGS Tukwila Park & Open Space Program, including Capital Improvement Program TUKWILA CITY COUNCIL REGULAR MEETING 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. City Clerk Shirlee Kinney, Public Works Director Steve Hall, Planning Director Kjell Stoknes, Deputy City Attorney Larry Hard. MOVED BY HILL, SECONDED BY SAUL, THAT THE FEBRUARY 17, 1976 MINUTES OF THE REGULAR MEETING BE APPROVED AS PUBLISHED.* Deputy City Clerk Doris Phelps noted a clarification to the Minutes on page 5, stating the figures quoted regarding the Building Official are 1975 levels. *CARRIED. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilwoman Harris questioned Voucher #7918 in the amount of $2,880 to William Pope. Mayor Bauch explained this was for a proced- ures study on burglary amelioration and the amount is covered by an LEAA grant for which the City will be reimbursed. *CARRIED, WITH MS. HARRIS VOTING NO. Vouchers #7869 - #7981 Current Fund #7869 - #7937 $14,945.08 Street Fund #7938 - #7952 3,973.54 Fed. Shd. Rev. #7953 - #7956 3,839.68 Fire Stn. Const. #7957 31.96 Water Fund #7958 - #7970 1,208.54 Sewer Fund #7971 - #7981 1,890.89 Total $25,889.69 Mayor Bauch declared the public hearing open at 7:10 P.M. Kjell Stoknes, Planning•Director, distributed Minutes from the February 26 Planning Commission meeting and he briefly reviewed the history of the City Council's request to update the Park Plan. He stated he has been advised by I.A.C. that grant applications will be accepted up to April 1 for this year and that an approved Park Plan. must be sub- mitted at that time. He recommended that the first year's project for improving Christiansen Rd. be approved and the other projects may be reviewed and amended next year. Carl Stixrood, consultant, explained how the plan was implemented on the basis of the citizen questionnaire. Mayor Bauch called for audience comments. Mr. Ben Aliment asked about the golf course informa- tion on page 47. Kjell Stoknes replied} this acquisition was rated below the other projects • and it is not included in the Capital improvement Program -- it is an alternate project. Councilwoman Harris asked if this is the first time this document has been available to the public. Kjell Stoknes replied the information was available at the Planning Commission's public hearing. Coun- cilwoman Harris stated the document is.rather diffi- cult for the public to assimilate in order to make any comments tonight. Councilman Van Dusen stated the public will have the next two weeks to study' an comment at the next Council meeting at the time trU ordinance is on its second r. oadi.nc; . l)isbus :icn' continued. TUKWILA CITY COUNCT FETING 'March 1, 1976 Page 2 PUBLIC HEARINGS - Cont. Park & Open Space Program - Cont. Public Meeting: Subdivision application - Frank Todd Mayor Bauch stated a letter was received from stating that all applications for grant funds and submittal of plans are due April 1; the letter was received in January and it was the first indication of the deadline now imposed. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE PUBLIC HEARING BE DECLARED CLOSED.* In reply to a question of Councilman Gardner's, Carl Stixrood stated that the Planning Department has contacted King County Flood Control and that this plan does meet their requirements for work along Green River. The reason for repealing the current park plan is that it is no longer valid in the opinion of I.A.C. *CARRIED. The public hearing was closed at 7:28 P.M Councilwoman Harris questioned if the public•hearing had been adequately conducted; not all of the mater- ial has been reviewed. Mayor Bauch asked about the public hearing held before the Planning Commission. Mr. Ron Mettler, Planning Commission Chairman, state the public hearing was held in January and continued to February but the crowd was disappointing. He stated all the Planning • Commission meetings are duly advertised. Mr. Frank Kriedler stated he was not sure of what was proposed to be adopted and how the City would be bound by it. Steve Hall, Public Works Director, stated it is similar to the 6 -Year Road Program in that by adopting the plan, the staff would be able • to initiate proceedings on grant funding. The plan can be revised at any time later. Mrs. Rena Holloway stated the plan extends to 198 She felt all the improvements are too much of a commitment from the City for maintenance, etc. She asked if the plans were 'consecutive. Steve Hall replied this plan is only an indication of the desired improvements. If the funds are not availabl then the projects cannot be accomplished. The plans can be revised on the basis of funding and changes in priorities. The Program is a guideline for budge ing and for applying for grant funds and it is not a commitment to spend the money. Kjell Stoknes added that we anticipate to find the funding in the genera fund of the City and not to request new taxes for any of these projects. In reality, 20-30% of these types of plans are actually completed and if we can achieve 3 out of these 10 projects, we will be doing well. Councilwoman Harris stated she felt this needed more study. Mayor Bauch stated this new Program matches the current park plan about 90%, with only the completed projects and mulicipal build ing projects removed. There is also a new order of priorities. Discussion continued. Kjell Stoknes, Planning Director, stated this item was introduced at the last Council meeting at which time the public meeting date was set. The Planning Commission considered the staff report on January 29 and consequently recommended three conditions of approval as well as the approval of the proposal. If the City Council concurs with the Planning ComriE sion, it would be appropriate to read the proposed resolution which appears on the agenda tonight. If not, any changes would be subject to a pu}J1ic hearir before the City Council. ILA CITY COUNCIL MEE SIG -cis 1, 1976 ge 3 PUBLIC BEARINGS - Cont. Todd subdivision - Cont. Mayor Bauch opened the public meeting at 7:41 P.M. and called for discussion from the City Council. Councilwoman Harris stated the Planning Commission originally advertised their public hearing to be held on January 22 but there was not a quorum present They met again on the 29th during which time all the agenda items were carried forward from the 22nd. Under the provisions of the Open Meeting Act, it is stated that a notice must be posted in a conspicuous place to inform the public of the cancellation and to state the date and place of the next meeting. She asked if a notice was posted and if it was necess• ary to re- advertise the rescheduled date. of the public hearing. Deputy City Attorney Hard stated the law provides that if a meeting is properly advertised and the meeting is then cancelled due to lack of a quorum, the meeting can be adjourned and held at a later date without re- advertising. He stated there should have been a notice posted for public informa- tion. Councilman Van Dusen asked if Councilwoman Harris is suggesting that this be referred back to the Planning Commission. Mr. Mettler stated the Planning Commission was short a quorum on January 22 and the public present was verbally informed of the date of the next meeting. He stated he also stayed on to informally discuss business with those present for about an hour and no other people came by to attend the cancelled meeting. Councilman Traynor requested to view the area on the map. Councilman Van Dusen stated in reading the Planning Commission Minutes, he noted references to better and higher use of the property and statements were made regarding a proposed use as a trailer park. How does this fit into the Comprehensive Plan for the City? What better uses are there? Why was an addi- tional 5 feet of right -of -way established? Steve Hall, Public Works Director, stated the minimum right - of -way for a non - industrial City street is 50 feet. Kjell Stoknes stated the higher use as the Comprehen- sive Plan presently shows is high density multiple' residence. We have had two previous rezone requests which were denied for higher use. The mobile home development is only presented as an intent; this use is not allowed within the City now due to the anti - trailer ordinance even though such an ordinance is presently a non - constitutional law. Councilman Hill asked when the completion of the update of the Comprehensive Plan is scheduled. Kjell Stoknes, .Planning Director, stated the last element is due for the second Council meeting in April with the map due at the first meeting in June. In order to get through all the public hearings, it appears the Plan will be ready for adoption sometime in August. Dis- cussion continued. Kjell Stoknes stated the matter before the Council for discussion is the subdivision application and not a rezone to a highew use. Mayor Bauch stated the staff has discus'sed this plat. The Fire Department and the Police Department have stated that they feel the turn- around at the end of the street is necessary for ;roper patrolling and for emergency vehicles. The streets and underground utilities will be private and the City will not be able to service these streets in heavy snow or other conditions. Once this is developed, these improve- ments are locked in forever and the character of the development is established an': we will have a sub- standard development within - _he City. The iinp ove- ments do not meet the reruirc :rents of the T.M.C. TUKWILA CITY COUNCIL March 1, 1976 Page 4 PUBLIC HEARINGS - Cont. Todd subdivision - Cont. Secret ballot votes for Council committee chairmen RECESS 3 :24 P.M. - 8:34 P.M. r ETING and at this time the City is in the process of up- grading its standards for development. Mayor Bauch stated he felt that it would be a giant leap back- ward to allow the subdivision to continue as it is proposed. That is the City's position. Councilwoman) Harris stated it appears that the paperwork on this is not complete to the requirements of the R.C.W.'s � regarding plats. The Council should be considering the health, safety and welfare of the community. There are several questions regarding this plat and subdivision. We do not know the intended use. Steve 4 Hall, Public Works Director, stated there is a differ -, ence between this as a preliminary plat and a final plat which Councilwoman Harris has referred to. A preliminary plat is more of a statement of general philosophy regarding the development. Mr. Frank Todd stated it is a waste of time to dis -• cuss the intended use of the land. Everyone except himself seems to know what he is going to do with it. It has been approved by the Planning Commission as were the requests for rezone to better and higher use within the last two years. He stated Mayor Bauch's comments when he was a private citizen regarding the rezone were not appropriate as he lived two miles from the proposed rezone property, and tonight his opinions expressed as Mayor would have caused the previous Mayor to be routed out of town, had the previous Mayor made those same comments from the table. Councilman Hill asked Steve Hall if the preliminary plat meets the requirements. This has gone before the Planning Commission and they have made recommen- dations to the City Council to consider. He also asked the opinion of the City Attorney. Deputy City Attorney Hard replied there is a question regarding the 50 foot right -of -way. Kjell Stoknes, Planning Director, stated this is a legal subdivision and preliminary plat application. The streets are not required to be dedicated and it is being processed as complying with the P -3 zoning use. Mr. Reid Johanson stated there were recommendations from the Planning staff to the Planning Commission but only two of the eight or ten recommendations were considered before passing the motion to approve the application for Council consideration. Deputy City Attorney Hard stated there was a failure he felt in not posting a notice in compliance with the Open Meeting Law. If the Planning Commission Chairman waited for half an hour or so after the meeting was adjourned, it probably was a valid meet- ing on the 29th. Councilwoman Harris stated she felt the information was very insufficieryr. even for a preliminary plat. Mayor Bauch closed the public meeting at 8:22 P.M. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Councilman Traynor asked if this could be discussed at the next Committee of the Whole meeting. Council- woman Harris replied she would prefer to discuss it at this time. MOVED BY HILL, SECONDED BY VAN DUSEN, TO RECESS THE MELTING FOR 10 MINUTES. CARRIED. Mayor Bauch called the meeting back to order with all Council ?Members r_ at.iti: as previously listed. A CITY COUNCIL MEET•' 1, 1976 e 5 Secret ballot Cont. Cancellation of Council committee meetings PETITIONS, CO1MUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Councilwoman Harris stated she requested this item on the Agenda. At the February 23, 1976 Committee of the Whole meeting the Public Safety Committee selected its chairman by secret ballot. The Finance and Personnel Committee held an impromptu get- togethe in the Clerk's office and selected its chairman. Neither were accomplished . before the public at any meeting. How•did the Public Works Committee and the Community Affairs Committee select their chairmen? Councilman Gardner stated the Public Works Committee voted by ballot. Councilman Traynor stated the Community Affairs Committee also used the ballot. Councilwoman Harris suggested the committees vocally elect their chairmen tonight. She stated she did not feel the secret ballot was advisable under the re- quirements of the Open Meeting Law and A.G.O. #35. MOVED BY HARRIS, SECONDED BY SAUL, TO VOCALLY AND OPENLY ELECT CITY COUNCIL COMMITTEE CHAIRMEN.* Councilman Traynor stated he did not feel this would apply to the three - member committees who do not con- stitute a quorum of the Council. Deputy City Attorney Hard stated the law seems to apply to all government agencies and sub - agencies. Councilman Traynor stated this discussion would seem more appropriate for a Committee of the Whole meeting. He stated he did not want to vote all over again so he stated he voted for as chairman of the Community Affairs Committee and for Councilman Gardner as chairman of the Public Works Committee. Council President Hill stated he did not feel the ballots were taken for the purpose of withholding information from the public but for the sake of expediency. Councilman Van Dusen stated . the procedures for committees are set forth in the Council procedures ordinance. He stated he voted for himself for Public Safety Committee chairman and for Councilman Traynor for Public Works Committee chairman. Councilwoman Pesicka stated she voted for Councilman Saul as chairman of the Finance and Personnel Committee and for Councilman Traynor for Community Affairs. Councilman Gardner stated he voted for himself for Public Works Committee and he did not recall how he voted on the others: Council- man Saul asked if this fulfilled the requirements by stating how we voted. Deputy City Attorney Hard stated it is a peculiar way to do it, but he felt it would meet the requirements by making the voting public. Councilman Saul stated since there were two votes for him for the Finance and Personnel Committee he did not vote on that choice and he voted for Coun- cilwoman Harris for the Public Safety Committee. Council President Hill stated he counted the votes and gave the tally to the Council Recording Secretary and as president, he does not serve on any committee. *MOTION FAILED WITH MS. HARRIS AND GARNER VOTING YES. MOVED. BY MS. PESICKA, SECONDED BY HILL,'TO REFER TIHIE MATTER TO THE COMMITTEE OF THE WHOLE MEETING. CARRIED, IVITII TRAYNOR VOTING NO. Councilwoman Harris stated she also requested this item on the Agenda because a notice had been posted with no signatures that the meetings of the Council committees had been cancelled until further notice. She stated she did net understand what the intention is and what the purpose of these committees will be serving. Councilman Traynor stated he•requested the notice to be posted for the Community Affairs Commit- tee since all matters are now in the Committee of the TUKWILA CITY COUNCIL ,ETING March 1, 1976 Page 6 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Cancellation of committee meetings Cont. OLD BUSINESS City Attorney recommendations T.M.C. update SECOND READING re: Formal Motion 76 -2, Declaring intent to adopt Open Space Element as part of Comprehensive Plan Ord. 963, Ordering improvements in the area of 152nd Street E 57th Ave. So. establishing LID #28 OF ORDINANCE *CARRIED. Whole and the committee has no business to consider. Councilman Van Dusen stated he requested the Public Safety Committee meetings also be cancelled until business is referred for consideration. He stated he did not feel everything should be going to the committees to be lost for several months at a time.. Councilwoman Harris urged the utmost use of the committees. The Council cannot discuss all of business at the regular meetings and the committees should be utilized for informal discussions. The public has no opportunity to digest the impact or import of matters at the regular meetings the night these items are introduced. She asked if the can- cellation notices are being used as a way to field the Council procedures ordinance. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT AGENDA ITEM 6.b. BE REFERRED TO THE COMMITTEE OF THE WHOLE.* Mr. Reid Johanson stated he sat on the Council when the procedures set four regular meetings per month. He asked if it is the intention to railroad Council business through as was done in the past. Deputy City Attorney Larry Hard stated his concern is that the Tukwila Municipal Code book is in need of revision and Book Publishing Company has provided some suggestions. He requested this be referred to the Committee of the Whole to get the process starter He also suggested the City staff be allowed to submit their suggestions. MOVED BY MS. HARRIS, SECONDED BY GARDNER, THAT THIS MATTER BE REFERRED TO THE COMMUNI- TY AFFAIRS COMMITTEE. FAILED, WITH MS. HARRIS AND GARDNER VOTING YES. MOVED BY HILL, SECONDED BY SAUL, THAT THIS MATTER BE REFERRED TO THE COMMITTEE OF THE WHOLE MEETING, MARCH 8, 1976. CARRIED, WITH MS. HARRIS AND GARDNER VOTING NO. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT MOTION 76 -2 BE ADOPTED.* MOVED BY MS. HARRIS, SECONDED BY TRAYNOR, TO AMEND THE MOTION TO STRIKE "BE ADOPTED" INSERT "BE READ ". CARRIED. *CARRIED, AS AMENDED. City Clerk Shirlee Kinney read Formal Motion 76 -2, a motion of the Tukwila City Council related to comprehensive planning, declaring its intent to adopt at some future time the Open Space Element as part of the Comprehensive Plan for the City. MOVED BY HILL, SECONDED BY SAUL, THAT MOTION 76 -2 BE ADOPTED AS READ. CARRIED. .Steve Hall, Public Works Director, reviewed, the three alternate methods of assessing the property within ti LID and discussion followed. Mr. Graydon Smith and the City Council discussed the assessment rates 'as they applied to each alternate method and as they related to his property as opposed to the total cost of the improvements. Mr. Smith stated the improve- ments of 152nd will benefit the Fire Department, the Police Department and the City in general and he stated he has followed to this point all the require ments of the City as set in the ordinances. He a.ske for comments from the City Attorney. ,ILA CITY COUNCIL ME rch 1, 1976 age 7 Ord. 963 - Cont. SECOND READING OF ORDINANCE - Cont. MOVED BY MS. PESICKA TO ADOPT ALTERNATE 1 :3. MOTION WITHDRAWN. Deputy City Attorney Hard stated the City Council , will decide which property is specially benefitted by the improvements by voting approval of one of the alternate methods of assessment. The City is bound Councilwoman Harris stated she felt the City is re- quired to abide by the Adevelopers agreement and the ordinance which rezoned the property. It seems much simpler to enforce the conditions of the rezone and if there must be a widening of 152nd Street due to increased traffic, then form an LID to include that area of land, that street, from Macadam to 57th Ave. So. only, and have only those costs which pertain to that improvement in the LID. Mr. Smith stated he was prepared to do that but an LID will not go through only from 57th Ave. to Macadam and the 'reason is that the City suggested an LID to go through all the way to the end of 152nd. Discussion continued. Councilman Van Dusen suggested the original assessment` proposal be accepted and stated he felt that Mr. Esping and Mr. Wynn are probably not being benefitted by the improvements at this time. Mr. Rod Esping requested that a letter submitted to the Council from his attorney be read _He stated he is not being benefitted by the LID. Mr. Haroll Wynn stated the developers agreement was for the public's benefit and he reviewed the provisions of the agreement with the use of the LID map. MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, THAT MR. ESPING'S LETTER BE READ. City Clerk Shirlee Kinney read a letter dated February 27, 1976 from Attorney Wayman K. Dobson of the firm Dobson, Houser Dobson stating Mr. Esping's position in. protest of the LID. Councilwoman Pesicka stated that Mr. Esping benefits only slightly since he has access onto Macadam Road and she preferred the third alternate. TUKWILA CITY COUNCIL `TING March 1, 1976 Page 8 SECOND READING OF ORDINANCE - Cont. Ord: 963 - Cont. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Deputy City Attorney Hard read proposed ordinance ordering the improvement of property within the City of Tukwila, Washington, along portions of South 152n, Street and 57th Avenue South by acquisition of addi tional public' right -of -way, grading, widening and paving the street surface, installing sidewalks, . curbs and gutters, installing storm drainage, storm sewers and sanitary sewers, water facilities, under- ground utilities and street illumination, all in accordance with Resolution No. 507 of the City of Tukwila, Washington; establishing Local Improvement District No. 28; providing that payment for said improvements be made by special assessments upon property in said District payable by .the mode of "payment by bond "; and providing for the issuance an sale of local improvement district warrants redeemab in cash and local improvement district bonds, by tit only. He also supplied a change in the language of the ordinance to cover any of the alternate methods of assessment to be chosen by the Council. Council President Hill asked Attorney Hard about the possi- bility of the City paying the assessments on the un- developed property and then collect the assessment when the property is sold or developed. Attorney Hard stated it is possible but he would recommend against it because of the problem in trying to admin ister and recover the funds there is no guarantee the assessment will be reimbursed. The R.C.W.'s do not address late comers agreements for LID improve- ments for streets and other types of improvements, only water and sewer. Discussion continued with the City Attorney regarding the adoption of the ordinance and the method of assessment. MOVED BY MS. PESICKA, SECONDED BY TRAYNOR, TO ADOPT ORDINANCE 963 AS READ. CARRIED, WITH MS. HARRIS VOTING NO. MOVED BY MS. PESICKA TO ADOPT ALTERNATE NO. 3. MOTI FAILED FOR LACK OF SECOND. MOVED BY TRAYNOR, SECONDED BY SAUL, TO ADOPT ALTERNI1 NO. 2. Mr. Graydon Smith stated if Alternate No. 2 is passed, he will be going to court with the City because it is not legal to take the matter all the way back. ROLL CALL VOTE: GARDNER - NO, HARRIS - 1\ HILL - NO, PESICKA - NO,•SAUL - YES, TRAYNOR - YES, VAN DUSEN - NO. MOTION FAILED. Steve Hall, Public Works Director, stated the origir assessment roll as certified by himself and by URS C was developed on the intent that 152nd Street would eventually go through and he felt this was the most equitable. Alternate No. 1 technicall)A fulfills the requirements of the developers agreement and the LII MOVED BY VAN DUSEN,.SECONDED BY SAUL, TO ADOPT ALTERNATE NO. 1. > Councilman Traynor stated the yellow property is contributing 46% to the problems of the LID and it is unfair to the others to ask the to pay the bill to support this development. Counci: woman Harris reviewed the notes regarding Alternate No. 1 and stated she objected to the way the other participants were being asse.;sed under this method. *FA]:LED. MOVED BY MS. PESICKA, SECONDED BY HILL, THAT ALTERN: No. R1= ADOPTED. CARRIED. WTTH MS. HARRIS VOTING i LA CITY COUNCIL MEE ch 1, 1976 ge 9 MOVED BY SAUL, SECONDED BY HILL, THAT THE CITY COUNCIL MEETING RECESS. CARRIED. Mayor Bauch called the meeting back to order with all Council Members present as previously listed. FIRST READING OF ORDINANCE RECESS 10:17 P.M. - 10:22 P.M. Adopting Park & Open Space Program & Capital Improvement Program as part of the Comprehensive Plan F repealing Ord. 546 RESOLUTIONS • Reso. 515, Authorizing Mayor to execute an agreement with King County for animal 1 control services, Jan. - March, 1976 (1st reading) Reso. 516, Authorizing Mayor to execute an agreement with King County for public defender services (1st reading) Reso. 517, Authorizing Mayor to execute an agreement with TelePrompTer Cabe TV for under- ground utilities (1ti1• marling) -MOVED BY HILL, SECONDED BY VAN DUSEN, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Deputy City Attorney Hard read proposed ordinance of the City of Tukwila relating to comprehensive planning, adopting a Park and Open Space Program (including a Capital Improvement Program) for the City, declaring said program to be an element of the Comprehensive Plan and repealing the former Comprehensive Park and Recreation Plan, prepared by the firm of Olsen, Richert & Bignold, as passed by City of Tukwila Ordi- nance Number 546, by title only. MOVED BY MS. HARRIS SECONDED BY GARDNER, THAT PROPOSED ORDINANCE BE REFERRED TO THE COMMUNITY AFFAIRS CODIDIITTEE. MOTION FAILED WITH GARDNER AND MS. HARRIS VOTING YES. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED•ORDI- NANCE BE REFERRED TO THE MARCH 8 COMMITTEE OF THE WHOLE MEETING. CARRIED WITH MS. HARRIS VOTING NO. Kjell Stoknes, Planning Director, stated the language of the ordinance should be amended to include a re- pealing clause. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESO- LUTION BE READ. CARRIED. Deputy City Attorney Hard read proposed resolution authorizing Mayor to nego- tiate animal control service agreements with King County, Washington for the period January 1, 1976 through March 31, 1977. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULES AND ADOPT RESOLUTION 515 AS READ.* City Council questioned the provisions of the contract. Attorney Hard stated the County is now requesting a different method of collecting the license fees effective April 1 and the City will be adopting a new ordinance the same as similar*to the King County ordinance on animal control. With the passage of this resolution, we are assured to enter into an agreement to sell•the tags this month and to negotiate some kind of new ordinance. Dis- cussion continued. Attorney Hard stated.this resolu- tion does not authorize the Mayor to sign a new agree ment but only to negotiate one. Discussion continued regarding the conflict between the Tukwila Municipal Code provisions and the contract. *CARRIED, WITH MS. HARRIS VOTING NO. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESO- LUTION BE READ. CARRIED. Mayor Bauch stated this resolution had appeared on the Council's agenda pre- viously but was withdrawn to allow the Municipal Court Judge time to review the contract. Deputy City Attorney Hard read proposed resolution Authorizing Mayor; to negotiate a defense service agreement with King County, Washington. MOVED BY HILL, SECONDED BY SAUL, TO SUSPEND THE RULES AND READ PROPOSED RESOLU- TION BY TITLE ONLY. MOTION AND SECOND WITHDRAWN. MOVED BY HILL, SECONDED BY SAUL, TO SUSPEND TIME RULE AND ADOPT RESOLUTION 516 AS READ. CARRIED. MOVED BY HILL, SECONDED'BY SAUL, THAT PROPOSED RESO- LUTION BE READ. CARRIED. Deputy City Attorney Hard read proposed resolution authorizing Mayor to nego- tiate an agreement with TelePrompTer Corporation for undergrounding its utilities. Councilwoman Harris •asked if there was any copy of the agreement avail- 9b P. '!a . B•a r 1 i o d at thcs prPgont t 1 mo 110 TUKWILA CITY COUNCIL LiTING March 1, 1976 Page 10 RESOLUTIONS - Cont. Reso. 517 - Cont. Reso. 518, L Authorizing Mayor to execute agreement with King County Rape Relief for 1976 (1st reading) Proposed resolution, Authorizing Mayor to execute an agreement with Peoples National Bank for City banking services (1st reading) Proposed resolution, Authorizing Mayor to execute agreement with King Counts Public Wcrks for soils testing t 15 t. I —.9t! $ olti t has been unable to get an agreement from TelePro '`• but if we are unable to get one soon we will draft an agreement of our own. MOVED BY TRAYNOR, SECOND k BY MS. PESICKA, TO SUSPEND THE RULES AND ADOPT RESO;;;,ti LUTION 517 AS READ. CARRIED, WITH MS. HARRIS VOTING'ell NO. MOVED BY MS. HARRIS, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Deputy City Attorney Hard read proposed resolution authorizing Mayor to nep otiate a contract with King County Rape Relief. MOVED BY MS. HARRIS, SECONDED BY GARDNER, TO REFER PROPOSED RESOLUTION TO THE PUBLIC HEALTH & SAFETY COMMITTEE. FAILED WITH GARDNER AND MS. HARRIS VOTING YES. Mayor Bauch noted that payment for the services in the amount of $1,100 has been made. MOVED BY MS. PESICKA, SECONDED BY HILL, TO AMEND THE RESOLUTION TO REMOVE THE WORD "NEGOTIATE" AND INSERT; "EXECUTE" IN ITS PLACE.* Councilwoman Harris stated she failed to see the urgency of pass- ing these items of legislation upon their first read- ing and she questioned the legality of doing so. Council President Hill asked if there was any law that an ordinance or resolution has to be read twice. Attorney Hard stated he was not aware of any law • which required two readings. Councilwoman Pesicka stated the Council has already met with a representa- tive from the Rape Relief office during one of the Council meetings and that Chief Sheets approved this, program. Councilman Saul stated he felt there should be some public discussion between the time the legis- lation is introduced and the time it is passed. Council President Hill stated there is no reason to delay these service agreements for the additional two weeks; there are other important matters that we can take time for public input. Mrs. Joanne Davis stated her concern that the Council in order to observe thoughtful government needs to be aware of the value of allowing two weeks to pass be- tween introduction and passage of their legislation. Mrs. Davis related the incident of the changes which took place regarding the smoke screen ordinance. The Council may not have a wide, broad knowledge of all the facts and she felt the lapse in time was in good order. She was concerned that the rules 'were being suspended too frequently. *CARRIED.'CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESO- LUTION BE READ. CARRIED. Deputy City Attorney Hard j read proposed resolution authorizing Mayor to nego- tiate an agreement with Peoples National Bank of Washington to provide banking services. Mr. Ed Robinson asked what the difference is between the City entering into an agreement wtitli a bank for banking services and the services the City requests for printing. He asked if other banks had submitted proposals. AIr. Wyly of Peoples stated he wrote a letter to the City Council requesting consideration of a rotation system of the local banks to provide services to the City. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT PRO- POSED RESOLUTION BE REFERRED TO THE MARCH 8 COV. OF THE WI -TOLE MEETING. CARRIED. mntr.� ^+'t ! r• 1 n.. 1. ..,rt - -. MOVED BY MILL, SECONDED BY SAUL, THAT PROPOSED RESO- LUTION BE READ. CARRIED. Deputy City Attorney Hard read proposed resolution authorizing the Mayor and tii 1 It 1J 1.11+ f1U1ri, Llll( LLU1 l (:,\C.'LllLe an dg'1 e lleii t. :t.1.•Cn King County Department of Public Works for soils and 'VILA CITY COUNCIL M1( G rch 1, 1976 age 11 RESOLUTIONS - Cont. Proposed resolution, Approving Todd's Rainier Vista being Planning Dept. File #MF -76 -2 -Sub. , subject to certain conditions of preliminary plat (1st reading) J 1 } DEPARTMENT REPORTS Mayor's Report MISCELLANEOUS AND FURTHER AUDIENCE . COMMENTS Bicentennial events Councilwomnan Harris stated there is no need to intro- duce the resolution before a decision has been made to accept the preliminary plat. There is doubt about the right -of -way. MOVED BY HARRIS, SECONDED BY GARDNER, TO REJECT THE PLAT. Mayor Bauch stated the . motion was out of order. Mayor Bauch stated he appointed Kjell Stoknes as the City's equal opportunity officer per the provisions of Resolution 364 and Resolution 365, effective this date. / MOVED BY MS. PESICKA, SECONDED BY TRAYNOR, THAT PRO- POSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. • Deputy City Attorney Hard read proposed resolution of the City Council of the City of Tukwila granting approval subject to certain conditions of the pre- liminary plat of Todd's Rainier Vista being Planning Department file #MF -76 -2 -Sub., by title only. Councilwoman Pesicka stated that both Steve Hall and Kjell Stoknes have indicated they are not happy with the present zoning and Mr. Todd has stated he is not happy with the zoning so why are we considering this and why is it not going through the motions of being rezoned. Mayor Bauch stated Mr. Todd had made appli- cation to lhe Planning Commission for a preliminary plat and we are acting upon that tonight. Mr. Frank Todd stated the plat at this point can be amended and there is no excuse available to deny the application for preliminary plat. Before this is filed as a final plat, there will be amendments made to it to comply with the R -3 zoning. Mr. Todd dis- cussed a short subdivision and other alternatives to the preliminary plat. Discussion continued re- garding the amendments to the resolution. Kjell Stoknes, Planning Director, added that the City does not have provisions for a short plat and that these types of developments are processed through the County. Councilman Traynor stated that if the Counc: agrees with the Planning Commission's recommendation: the application can be further processed. If the Council makes any changes in the resolution, there must be a public hearing. Mr. Todd stated he stipulated to the conditions as set by the Planning Commission but if the Council feels it 'needs further discussion, he would be happy to appear before the Committee of the Whole to discuss it. MOVED BY HILL SECONDED BY MS. PESICKA, TO REFER PROPOSED RESOLUTIO. TO THE MARCH 8 COMMITTEE OF THE WHOLE MEETING. CARRIED, WITH MS. HARRIS VOTING NO. Mayor Bauch stated he issued a memo toOthe Council regarding the appointment of City Attorney and Deput City Attorneys and their retainage. Mayor Bauch stated Fire Chief Hubert Crawley injured himself at a car fire tonight but we do not know to what extent at this time. Councilman Saul stated the Tukwila Tigers from the Tukwila Elementary School and Mr. Robbins, principa] sent a note of appreciation for participation in t1i School.'s'Bicentennial program and balloon release. • TUKWILA CITY COUNCI ^'.EETING March 1, 1976 Page 12 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS - Cont. City Attorney discussion RESOLUTIONS Reso. 518 ADJOURNMENT 11:45 P.M. Council President Hill stated the Mayor's original letter to the Council appointed the firm and also stated that Larry Hard would serve as the City Attorney. He stated he had no qualms about Mr. Fleming serving as City Attorney and the.others as Deputies but it should be approved by the Council. The Council ratified Mr. Hard, but now it would be i.r, order to ratify Mr. Fleming instead. Deputy City Attorney Hard stated the City Council took the fundamental action of appointing the law firm to represent the City and he felt it would be a good action for the Council to formally approve Mr. Fleming as City Attorney. Attorney Hard stated the provisions in the Tukwila Municipal Code regard- ing the City Attorney need revision. Councilwoman Pesicka stated Mr. Fleming informed the Council that he had appointed Mr. Hard and Mr. Toone as Deputies and our ordinance states that they do not have the authority to do that. We are paying the firm $18,000 in retainage and $10,000 for land use and we have no information regarding fees for represen- tation in court, etc. She stated she would like to have a list of those types of fees. Attorney Hard stated the practice of the firm is that whatever attorney represents the City, his particular rate would apply. If the case is a tax matter, we have a tax attorney who charges $75 hourly. An appeal from Municipal Court is a $30 or $35 hourly rate. He stated the firm intends to use the attorney with the lowest rate who is best qualified for the case. He stated the firm is also willing to establish a straight hourly rate for all services if the .Council so desires. Councilwoman Pesicka stated she felt the Council should have a contract with the firm for the hourly rates. Mr. Frank Todd stated that previously Mr. as an employee of the City Council last year charged. approximately $100 an hour for services in court. Attorney Hard stated Mr. Fleming's fee is $65 per hour. The work of the City does not require a fee at $75 per hour. It is the intention that a higher hourly rate would be used only for situations which called for unique skills or abilities. Councilman Traynor stated he would like to know what each City Council Member wants specifically regardin; the fees contract. Councilwoman Harris stated as long as the firm is agreeable to do the routine City business within the retainer, she did not see what any of this discussion was about. Attorney Hard stated there currently is a fee amount for Superior Court work pending. Councilman Van Dusen stated the Council and Attorney Hard have agreed there are some legitimate questions and he felt a contract for the fee rates was required. City Clerk Shirlee Kinney explained the Council did not make a motion to pass the resolution, although they voted to pass it. MOVED BY HILL, SECONDED BY TRAYNOR, TO RETURN TO ITEM'10.d.. CARRIED. MOVED BY HILL, SECONDED BY MS. PESICKA, TO SUSPEND THE RULES AND ADOPT RESOLUTION 518 AS AMENDED. CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE CITY COUNCIL MEETING ADJOURN CARRIED. / I dg.aahJJ. Bauch. Mayor C114-p•1 .1 h'i n�i ('4'4vv C1 April 5, 1976 TUKWILA CITY COUNCIL- AGENDA Ord.. #965 Reso. #521 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL • 3. APPROVAL OF MINUTES 3 -15 -76 4. APPROVAL OF VOUCHERS (Including former Vouchers #8020 & 8021 - Atty. #8000 & 8026 - Maxwel S. BID OPENINGS, CALLS & AWARDS medica a. Call for Bids: Asphaltic concrete overlay 6. . PUBLIC HEARINGS * Preliminary plat proposal of Todd's Rainier Vista. b. Adoption of Commerce /Industry Element of the Comprehensive Plan 7. •PETITIONS, COMMUNICATIONS,• APPEALS AND SIMILAR MATTERS • a. Protest LID #28 - Esping, Wynn, Tukwila Associates,•La ..Vista Estates & Caditz • b. Writ of Prohibition - LID #28 - Esping vs City of Tukwila • c. Writ of Prohibition - LID #28 - Tukwila Associates vs City of Tukwila * d. Formal Motion 76 -3 - Declaring intent to adopt Residence Element as part of the Comprehensive Plan e. Doces' letter re: sign code revision • f. Mayor's letter re: grant procedures proposal g. Steve Hall's letter re: items in Public Works Committee h. Mayor's letter re: additional office space 8. OLD BUSINESS • a. King County Animal Control Ordinance 9. FIRST READING OF ORDINANCES a. Reclassifying certain property from R -1 to C -2 (Anderson) b. Amending zoning ordinance, T.M.C. 18.34.170 c. Accepting a donation for the Bicentennial Cookbook 10. RESOLUTIONS • a. Authorizing Mayor to execute agreement with LeSourd, Patten, Fleming & Hartung for legal services (2nd reading) * b. Authorizing Mayor to execute agreement with RAYS for. certain social. services (2nd reading) • c. Segregating special assessment in LID #24, Lindell $•Assoc. (1st) d. Authorizing Mayor to acquire Macabee property for park purposes (1 e. Amending Reso. 505 to change time, date & place of Finance t Personnel Committee meetings (1st reading) f. In appreciation to Joanne Davis as Councilwoman (1st reading) g. In appreciation to Joseph Johanson as Councilman (1st reading) h. In appreciation to Jon Sterling as'Councilman (1st reading) i. In appreciation to Frank Todd as Mayor (1st reading) • 11. DEPARTMENT REPORTS a. Mayor's Report 12. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS 13. ADJOURNMENT * - Previously distributed material CITY OF TUKWILA NOTICE OF PUBLIC HEARING BY THE TUKWILA CITY COUNCIL NOTICE IS HEREBY GIVEN that the Tukwila City Council has fixed the 5th day of April 19 at 7 pm in the Council Chambers of Tukwila City Hall, Tukwila, Washington as the time and place for a public hearing to consider the following: Preliminary Plat Proposal of Todd's Rainier Vista Any and all interested persons are invited to be present to voice approval, disapproval or opinions on same. CITY OF TUKWILA Doris Phelps SOlkccceex,Icx nixi ilc Deputy. City Clerk Published: in the Record Chronicle on 3 - and 3-2q976 FIRE HYDR) 7E. s. :;ISL::V. 1 2" BLOWOF 0 ■Wili111•■■ ram odour ta I. N.. 1 /Po 3 oo 124C-414 ;riA L4L: gpECEIV E III FEB 2 p 1976 anr OF 16KWILA ivuvua' 'JO 100 APO, TOM 5419 62ND AVE S. EATTLE, WASHINGTW-g8118 SOUTHEAST CORNER OF TRACT 11 INTERURBAN.ADOITION TO SEATTLE VOLUME 10 OF PLATS, PAGE 55 COUNTY, WASHINGTON )141.1,0* • EXISTING CATCH EASI,De FESIDENCE EXISTING FIRE HYDRANT. PLAN ftr SCALE: I 50' 111" • r••• 0 t z' Edges 'J. Bauch, Mayor CITY DF TU KWI LA 14475 - 59TH AVENUE SOUTH TUKWI LA, WASHINGTON 98067 PLANNING COMMISSION Minutes of the Meeting, 26 February 1976. The regular February meeting of the Tukwila Planning Commission was called to order at 8:15 P.M. by Chairman Mettler. Commissioners present were: Mr. Kirsop, Mr. Link, Mr. West, Mr. Bohrer and Mr. Bowen. Kjell Stoknes and Gary Crutchfield represented the Planning Department. Chairman Mettler introduced Mr. Lionel Bohrer and Mr. Richard. Bowen as two newly appointed Commissioners. Mr. Kirsop suggested replacing the word "business" with "corporate headquarters" in the second to last paragraph on page 4 of the minutes of the 29 January 1976 meeting. Motion by Mr. Link, seconded by Mr. Kirsop and carried to approve the minutes of the 29 January 1976 meeting as corrected above. IV A - City Council Actions Mr. Crutchfield read Staff Report informing the Commission of Council actions taken during the past month related to planning matters. V A - Comprehensive Plan Review Mr. Crutchfield noted the Comprehensive Plan is progressing on schedule and completion is anticipated in accordance with the Flow Chart. V B - Elections Mr. Mettler was re- elected Chairman by acclamation. Mr. Kirsop was re- elected Vice - Chairman by acclamation. Mr. West was elected Secretary by acclamation. Planning Commission Page 2 Minutes of the Meeting 26 February 1976 VI A - PUBLIC HEARING - REZONE - R -1 to C -2 (Anderson) Mr. Stoknes pointed out the subject property on the city map and Chairman Mettler opened the Public Hearing at 8:30 P.M. Mr. Crutchfield read entire Staff Report including Findings, Conclusions and Recommendation. Mr. Larry Canaan, representing Mr. Anderson who had not arrived yet, asked if there was any time table to develop a gravity flow system for sanitary sewerage. Mr. Stoknes explained there was not and that it would depend on the rate of development in that particular vicinity since it takes 60% of the property to be served to form an LID. Mr. Kirsop asked about the Bon Marche Distribution Center manner of sewerage? Mr. Stoknes stated he was not sure how they dispose of the sewer waste. Noted that Parkway Plaza pumps its sewage to the south. No one else was present to speak for or against the rezone. Chairman Mettler closed the Public Hearing at 8:40 P.M. Mr. Link asked how much of the property would be affected if development was restricted to below the 35 foot elevation. Mr. Crutchfield explained very little of the property would be affected and the restriction is designed to maintain the integrity of the toe of the steep slope above the subject property. Mr. Stoknes further noted the flexibility of exceed- ing the 35 foot elevation if a sound engineering proposal was presented. Mr. Bowen asked about the need for sidewalks in this area especially with additional commercial development. Chairman Mettler explained the proposed Sidewalk Plan, as yet unadopted, indicated a priority need for a siewalk in this vicinity but on the east side ofSouthcenter Parkway. Mr. Kirsop asked if the equitable charge in lieu of assessment, recommended by Staff, would go to the City or to LID #27? Mr. Stoknes pointed out the charge would go to LID #27 but the final assessment roll has not been completed for that LID as yet. t Mr. Kirsop suggested adding the phrase "regraded during freeway construction" after "area" in Finding #11. Mr. Harvey Anderson of TEAM Research Company, applicant, arrived and Chairman Mettler stated he could comment on the Staff Report. Mr. Anderson stated his concurrence with the Staff Report and noted the sewer force main and pump will be located at the northeast corner of the property to both accomodate future developments to the north and to help defray costs. Planning Commission Page 3 Minutes of the Meeting 26 February 1976 Mr. Bowen questioned the setbacks of the C -2 zone. Mr. Crutchfield explained the only setback was the front yard and the width of the street effectively reduces the setback requirement to nothing. Mr. Kirsop noted the 15 foot utility easement creates an effective 15 foot setback. Also indicated CM zone setbacks may be appropriate here to compliment the CM district across the street. Mr. Link asked what the proposed use is and is there enough parking? Mr. Anderson explained a wholesale tire distributorship is planned here and the parking will comply with code requirements. Mr. Stoknes asked Mr. Anderson if he was aware of the outside storage restrictions? Mr. Anderson stated he was. Mr. Link asked if street was adequate here? Mr. Crutchfield stated Southcenter Parkway is a 5 lane arterial including a two -way left turn lane. Motion by Mr. Kirsop to adopt the Findings and Conclusions of the Staff Report, as revised, and recommend to the City Council that the rezone from R -1 to C -2 be granted only upon compliance with the following stipulations: 1. That land area above approximately 35 feet elevation be left in a natural state. 2. The forced main sewer connection line be installed in accordance with City of Tukwila standards, at the full expense of the property owner, and a special connection charge be paid by.the property owner in accordance with Chapter 14.16 (sewer charges) of the Tukwila Municipal Code. 3. Operation and maintenance of the pump and sewage force main shall be at the full expense of the owner. 4. At such time as an LID is formed for a gravity flow sewer system serving the vicinity of this property, as shown in the Tukwila Comprehensive Sewer Plan, the property will agree to equitably participate in such LID in accordance with Section 14.16.076 of the Tukwila Municipal Code. 5. A charge in lieu of assessment to be paid to the City at a rate to be established by the final assessment role for LID #27. f 6. On -site construction shall conform to the height, yard and area restrictions and architectural review as outlined in Sections 18.32.030 and 18.32.040 of the Tukwila Municipal Code. 7. All of the above conditions shall be a part of the ordinance granting the rezone in the form of a Developer's Agreement properly executed and recorded. Planning Commission Page 4 Minutes of the Meeting 26 February 1976 Discussion of the motion included the reasoning for Condition #6 - the C -2 zone setbacks do not compliment the CM zone directly across the street and some control is needed to ensure that actual development of the C -2 zoned property will not detract from the CM district. Motion was seconded by Mr. West and carried unanimously. VI B - CONTINUED PUBLIC HEARING - PARK and OPEN SPACE PROGRAM Chairman Mettler explained that this Public Hearing had been commenced at the 29 January meeting and was recessed to this meeting. Opened the recessed hearing at 9:10 P.M. Carl Stixrood, Planning Department, explained that the Interagency Committee for Outdoor Recreation (IAC) had reviewed the preliminary Program since the last meeting and recommended several changes - primarily in the structure of the docu- ment. Explained all the subsequent changes made to the original draft of 8 January 1976. Mr. Kirsop asked how close the estimates contained in the Capital Improvement Program (CIP) are to actual costs. Mr. Stixrood explained that King County assessments were used and are character- istically lower than appraised values. Development estimates are conservative in that they represent costs of minimal projects. Briefly described each project within the CIP. Mr. Stoknes pointed out that IAC had recently revised their application require- ments in that Tukwila must file a Park Plan by 1 April 1976 to qualify for any finds during the next year. If this deadline is not met, the CIP would be set back one year. Mr. Bohrer asked how this proposed Program relates to the Open Space Element of the Comprehnsive Plan recommended by the Commission for adoption. Mr. Stoknes explained that the Park and Open Space Concepts defined through the objectives and policies of the Element are implemented by the projects contained in the proposed CIP. Mr. George Hull, Segale Business Park, noted that Southcenter Parkway south of 180th Street is very dangerous for foot and bicycle traffic due to the width the road and the number of large trucks using it. The trail along the creek near South 180th indicated in the proposed Program is very near the Segale residence. Also stated that every time the City proposes to implement a plan with projects it costs the taxpayers more money. Estimates are characteristically low and time delays between estimates and actual construction raise the actual costs. Stated it is better to dofew good park projects rather than several minimal projects. Mr. Stoknes pointed out that the Capital Improvement Program anticipates funding from current revenues and that no new taxes or bond issues would be needed to implement the CIP. Planning Commission Page 5 Minutes of the Meeting 26 February 1976 There being no further audience comments, Chairman Mettler closed the Public Hearing at 10:05 P.M. No further discussion ensued. Motion by Mr. Link, seconded by Mr. Bowen and carried unanimously to recommend the City Council adopt the preliminary Park and Open Space Program as drafted 8 January and amended 23 February 1976. VI C - PUBLIC HEARING - RESIDENCE ELEMENT Chairman Mettler opened the Public Hearing at 10:15 P.M. and Mr. Crutchfield and Chairman Mettler read aloud the entire Element as proposed by the citizen committee. No one in audience spoke for or against the proposed Element. Mr. Bohrer suggested replacing the word "location" with "proximity" in the second paragraph on page 3 -2. Mr. Stoknes suggested changing Policy 4 on page 3 -7 to read: Encourage a minimal care and maintenance level for undeveloped open spaces. Mr. Stoknes also suggested adding "within appropriate zoning categories" to the end of Policy 1 on page 3-11. There being no further audience or Commission comments, Chairman Mettler closed the Public Hearing at 10:50 P.M. Motion by Mr. West, seconded by Mr. Link and carried unanimously to recommend the City Council adopt the Residence Element as revised, as an element of the Comprehensive Plan. VIII A - Site Plan - Addition to Kirschner Scientific Mr. Crutchfield pointed out the location of the existing building, described the proposed improvements and read Staff Report recommending approval. Motion by Mr. Link, seconded by Mr. Bowen and carried unanimously to approve the plans as presented. Mr. Kirsop suggested the Building Department be directed to check the distance between the proposed addition and any surrounding buildings to ensure the r maintenance of any open areas required by the Building Code. IX A - Letter from Board of Adjustment re: Sign Code Mr. Crutchfield read Staff Report and noted the letter had inadvertently been omitted from the Staff Report. Proceeded to explain that an interpretation made by Staff, and which had been sustained by the Board of Adjustment, restricted wall signs to those building faces whose associated yard abutted a public right - of -way. This action is being appealed to King County Superior Court by International Harvester and should be decided sometime in May or June. Planning Commission Page 6 Minutes of the Meeting Commission noted their concurrence with the interpretation and directed Staff to look into possible amendments to allow signing of buildings whose property does not abut any public right -of -way. Mr. West and Chairman Mettler noted that "A" frame signs are still a very real problem and the Sign Code should be enforced to eliminate them. Chairman Mettler noted the ACC covenants may be legally challenged in the near future and that the City should consider the possibility of incorporating those covenants into the zoning code to ensure the maintenance of Andover Industrial Park. Motion by Mr. Link, seconded by Mr. Bowen and carried to adjourn the meeting. Chairman Mettler adjourned the regular February meeting at 11:15 P.M. Minutes i epared by: ary Crutch'ield Assistant ' anner c Hans B. West, Secretary Tukwila Planning Commission 26 February 1976 .. . .,�• i Yom!: ��.... ).'l'�i� i. �..��. .. r�. 13. •ADJOURNMENT February 17, 1976 AGENDA Ord. #963 Reso. #510 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL' 3. APPROVAL OF MINUTES 2 -2 -76 4. APPROVAL OF VOUCHERS 5. APPOINTMENTS a. Planning Commission - Position No. 5, Mr. Lionel C. Bohrer Y ° c4/ b. Park Board - Position No. 2, Mr. Walt Hoefling 6. PUBLIC HEARINGS a. Public Hearing - Proposed 0 en S•ace Element of the mprehensiye Plan Up -date 7. OLD BUSINESS -,, ._ ��..� a. Report on City insurance p c age � .p,__ G c 4 l "17 ) snot 07 440 G ■••• e'oR ✓ ax ..mac, Z'' 8. NEW BUSINESS 1' -'-fit, ` vis- * V-Q •x.v►.a-wQI a. Subdivision application by Frank Todd pob /Gc /►uri ; b. Building Director vacancy recommendation & letter from Mayor c. Phase I Development of Christianson Rd. 9. SECOND READING OF ORDINANCES * a. Ord. - Ordering improvements re: LID #28 10. RESOLUTIONS a. Reso. - Surplusing P.D. motorcycle to Highline College (1st reading) b. Reso. - Authorizing Chief Executive Officer to enter into agreement retaining Stevens, Thompson & Runyan for Southcenter Blvd. project (1st reading) * c. Reso. - Authorizing Chief Executive Officer to execute agreement with Pacific NW Bell for undergrounding (2nd reading) and City Attorney's report * d. Reso. - Authorizing Chief. Executive Officer to execute agreement with Puget Power for undergrounding (2nd reading) and City Attorney's report • * e. Reso. - Authorizing execution of agreement with King County for SEA -KING services (2nd reading) 11. DEPARTMENT REPORTS , a. Mayor's Report • b. City Treasurer's monthly report of investments 12. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS a. Discussion: City Attorney 'contract b. Discussion: Change in time of the City Council meetings * These items in Agenda packet of 2 -2 -76 TUKWILA CITY COUNCIL 4 • • v February 17 x.1976 Ig TUKWILA CITY COUNCIL Tukwila City Hall 7:00 P.M. REGULAR MEETING Council Chambers CALL TO ORDER AND FLAG SALUTE ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN i ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL APPOINTMENTS Planning Commission Park Board M I N U T E S Mayor Bauch led the Pledge of Allegiance and called the City Council meeting to order. GARDNER, HILL, SAUL, MS. PESICKA, VAN DUSEN. MOVED BY HILL, SECONDED BY SAUL, THAT TRAYNOR BE EXCUSED FROM THE REGULAR MEETING. CARRIED. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT MS. HARRIS BE EXCUSED FROM THE MEETING. CARRIED. City Clerk Shirlee Kinney, Public Works Director Steve Hall, Planning Director Kjell Stoknes, Deputy City Attorney Larry Hard. MOVED BY HILL, SECONDED BY SAUL, THAT THE MINUTES OF THE FEBRUARY 2, 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. * Council President Hill stated there was one voucher that he felt needed to have a policy set by the Council. He added that he did not mean to pick on any one Council Member but one had sub- mitted a bill for attending a school. He said that Department Heads needed approval before they could attend schooling and he wondered how the City Council felt about the matter - should a City Counci Member obtain approval before attending such school- ing and presenting the bill? Councilman Van Dusen suggested that the City Council approve such schooli before they get paid - that the Council Members need to get approval from someone the same as Department Heads. Councilman Saul stated that the City Council Members attend these schools on their "off" time and he asked the amount of the voucher. Council President Hill stated it was for $16.00 and he was wondering how the other Council Members felt about the procedure policy. Councilman Saul stated that h thought the procedure to follow would be to get prio Council approval before attending school and present ing the bill for payment. Council President Hill. stated that the City Council would then make it a policy for City Council Members to obtain prior appr val before attending conferences and schools and presenting the bill to the city. *CARRIED. Vouchers #7764 - 7868 Current Fund #7764 - #7834 Street Fund #7835 - #7847 Fed. Rev. Shg. #7848 - #7849 Water Fund #7850 - #7857 Sewer Fund #7858 - #7867 W/S Const. #7868 - #7868 $ 17,883.63 4,021.56 1,324.61 442.10 9,355.26 3,143.00 $ 36,170.16 4 MOVED BY SAUL, SECONDED BY HILL, THAT MR. LIONEL C. BOHRER BE APPOINTED TO POSITION NO. 5 ON THE PLANNING COMMISSION AS STATED IN MAYOR BAUCH'S LETTE Council President Hill stated that he did not know Mr. Bohrer. Mayor Bauch stated that he was in the audience, has resided in Tukwila for three years and he had actively participated as a citizen member for the review of the Comprehensive Plan on the Open Space Element and had showed his interest in the development of the City of Tukwila. *CARRIED. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT MR. I;AL HOEFLING BE 'APPOINTED TO FILL THE UNEXPIRED TER:1 OF POSITION NO. 2 WHICH EXPIRES MARCH 31, 1976 AS :D ALSC TUKWILA CITY COUNCI. I' STING February 17, 1976 Page 2 APPOINTMENTS - Contd. Park Board - Contd. PUBLIC HEARINGS Proposed Open Space Element of the Comprehensive Plan Up -date FOR THE NEW TERM COMMENCING APRIL 1, 1976 AND'Explq.. ING MARCH 31, 1979. CARRIED. Mayor Bauch declared the public hearing open at 7:10 P.M. Planning Director Kjell Stoknes stated the Open Space Committee had recommended four objec tives in the proposed open space element of the comprehensive plan. Objective 1 would provide for an adequate and diversified supply of open spaces and include them in an open space system. This objective concerns the first element of the open space system, namely the open spaces (or parts). These may include active recreational facilities like a softball field, passive recreational facilit ies like picnic grounds, parks or forests, and they may be publicly owned like a park or privately owne like a golf course. They may be lands with low development opportunity and /or high natural amenity Lands which have low development opportunity and /ox high natural amenity value have been identified in Natural Environment element and should be utilized in the open space system. These areas include, but are not limited to, steep hillsides, landslide areas, wooded areas, and water features like marsh€ and streams. It is the intent of this objective tc make these lands more accessible to the public by visually or physically relating them to the recrea- tional facilities of the open space system. The policy shall be to strive to preserve steep hillsic and wooded areas in a scenic condition. Encourage replanting and revegetation of denuded areas not it the process of development; to encourage the preset vation of marshes, ponds, and watercourses for open space purposes and include them in the open space system; provide for active recreation areas (ballfields, tennis courts, swimming pools, play- grounds, community center) consistent with the neec of the community; provide for passive recreational areas (parks, natural ,reserves, picnic grounds) consistent with the needs of the community; locate public recreational facilities where they are easi: accessible to the resident population; insure that the public use of open space lands does not inter- fere with the private use of surrounding private property; encourage commercial recreation and uses of an open space nature to locate or remain in the Planning Area; preserve significant cultural, hist( ical, or architectural elements in the Planning Area. Objective 2 would establish a safe path or trail system which serves to link the open spaces formin4 an open space system. By linking open space, a total system can be achieved that is greater than the sum of its parts. Connective li.nJcs or pathway are worthwhile in their own right, but they become even more effective when they tie other open space together. The total effect is geometric, not situp arithmetic, and it allows a person on foot, bicycl or horse to move from one area of interest to another in an attractive environment. Trails and paths currently exist throughout the Tukwila Plann Area, and are used by the residents for recreation and for the utilitarian function of facilitating pedestrian traffic from point to point. These tra must be identified in order to be incorporated int the formal trail system. The policies shall be to create a trail system consisting of lowland and up land trails and link them together at strategic points; gain i. 1. iii l i:l and open spucc along �Y 11J['1 V.L i VVU1V l..1L r1L,.LiVV ebruary 17, 1976 Page 3 Proposed Open Space Element of the Comprehensive Plan Up -date - Contd. PUBLIC HEARINGS - Contd. 1 - r' _ the Green River and incorporate them into the low- land trail and open space system; connect concentra- tions of commercial /retail activity with the pathway network; trail easements should be gained through, in, or along areas of high natural amenity; where appropriate, construct pathways in existing street rights -of -way in order to help establish a pathway system; where possible and where no public rights -of -way are available, gain trail easements through private property, consistent with private property rights, in order to help establish the trail system; and the trail system should be compat- ible with pedestrian and bicycle traffic but motor- ized vehicles should be strictly prohibited. Objective 3 is methods for implementing the open space program which would minimize the economic impact on the taxpayer and landowner. Fee simple or outright purchase of recreation and open space land represents the most common, direct, and usually the most expensive way of acquiring open space. There are other methods in addition to fee simple purchase, however, through which the public can secure open space. Lease of trail easements or tax relief on farmland are but two examples of methods in which the City can retain open space without actual purchase of land. The policies are t encourage the use of Open Space Taxation on lands in the Planning Area which are eligible for such tax practices; building and zoning regulations should offer some flexibility in their requirements with regards to developments which offer to set aside a portion of the property in open space; sce- nic, access, or trail easements should be obtained in or through areas which are critical to the over- all open space system; strive to maximize the effec- tiveness of the local tax dollar spent on park and trail acquisition and development by seeking match- ing monies from other sources. Objective 4 is to complement and enhance the Tukwilz Open Space Plan through coordination with regional plans for parks, trails, and open space. Planning for parks without regard for the park and open space programs of other jurisdictions can lead to unnecessary duplication and disjointed open space systems. By considering other jurisdictions pro- grams in the planning process, trail systems can be tied together, parks and open space facilities can be complemented and the user of the open space sys- tem will be richer for it. Policies are to coordin- ate with Renton, Kent, and King County on shoreline planning for the Green River; and to coordinate wit} Renton, Kent, and King County on trails planning. MOVED BY HILL, SECONDED BY SAUL, THAT A FORMAL MOTION ADOPTING THE PROPOSED OPEN SPACE ELEMENT OF THE.COMPREHENSIVE PLAN UP -DATE BE PRE ARED FOR THE NEXT CITY COUNCIL MEETING AND ACTION .ILL BE TAKEN UPON IT AT THAT TIME.* Councilman Gardner made the statement that these shorelines programs and envir- onmental impact programs like this preliminary draft on open space - what good is all of this if we are going to be by- passed? Steve Hall, Director of Public Works, stated that all of this was before the City had a Shoreline Management portion of the Act and it was covered under the King County and State Flood Control Permit System. That was the problem that the City ran into. This was.prior to Shoreline Management. *CARRIED. TUKWILA CITY COUNCIL ETING February 17, 1976 Page 4 PUBLIC HEARINGS - Contd. Proposed Open Space Element of the Comprehensive Plan Up -date - Contd. OLD BUSINESS Report on City insurance package Southcenter Parkway. l Pavement Overlay, 1975 Charles Baker, Executive Director of Tukwila indu trial Council, stated that he was holding in his hands a letter written by Mr. Thomas Bernard, of Cabot, Cabot, and Forbes, presented to the Council.. on January 19, 1976 at the City Council Meeting. I;, added that Mr. Bernard in his letter stated that he felt it would be to the best interests to the citizens of Tukwila if the following objectives wer followed: (1) Not to create a public nuisance for private property owners; (2) No interference with rights of property land owners; (3) Acquisition of easements, title, etc. without voluntary- consent of land owners. He stated that the discussion did not appear to be contrary to the objectives set forth i Mr. Bernard's letter and he felt these objectives were important. Mr. Joseph Johanson, audience, ask if there has been a change in Council policy regard ing final adoption of the Comprehensive Plan as it goes through its various stages - is it to be adopt in final form in one of the motions, rather .than piece -meal as it went through? Ms. Pesicka said that the Council had decided rather than .to draw up a resolution for each one, they would make a motion tentatively passing it and that later they would have the intent of passing the complete thine The motion that had been made was a motion of inter Mayor Bauch explained that it was the decision of the Council to adopt a formal motion of intent - to adopt this at a later date when all five element were available. At the first public hearing we had there were considerable comments from.the floor saying that until we hear what all of the elements are and what the content of all of the elements are that they felt it should not be adopted by resoluti The Council felt that they could make the motions, or changing them by motion, would be much easier than drawing up resolutions to change the resolutic so this is the method they are using for all five elements. MOVED BY HILL, SECONDED BY SAUL, THAT THE PUBLIC HEARING BE CLOSED. CARRIED. Mayor Bauch declared the public hearing closed at 7:25 P.M. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE CITY POSTPONE GOING TO BID ON THE INSURANCE UNTIL JANUARY 1977 AND THAT AN AD HOC COMMITTEE BE FORME' TO INVESTIGATE OUR INSURANCE COVERAGE. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE AGENDA BE AMENDED TO CONSIDER LETTER FROM STEVE HALL, DIRECTOR OF PUBLIC WORKS, AT THIS TIMF. CARRIED. The letter from Public Works Director'.SteveLHall ti City Council President George Hill was read by Cit: Clerk Shirlee Kinney in which he stated that the Associated Sand and Gravel Company was awarded a contract during 1975 for the overlay of Southcente Parkway from South 180th to the most southerly ent rance, and a recommendation for acceptance was nev sent to the City Council. He continued that by th letter he was recommending the acceptance of this project as it was completed to the City standards 1L21 11111 lrVVlV li1L ruary 17, 1976 age 5 OLD BUSINESS - Contd. Southcenter Parkway Pavement Overlay, 1975 - Contd. NEW BUSINESS Subdivision application, Frank Todd Building Director vacancy recommendation & letter from Mayor 1'liJL 1 11V V set forth in the plans and specifications for this project and has been accepted by his department. If the Council concurs in this project, the retainage due the contractor may be released. MOVED BY HILL, SECONDED BY SAUL, THAT STEVE HALL'S RECOMMENDATION BE ACCEPTED. CARRIED. Mayor Bauch stated that with respect to the sub- division application of Frank Todd, the Council had clarification from Kjell Stoknes, Planning Director. Frank Todd, applicant, stated that he felt it would be in order for the Council to have a public hearing on this matter. He added that he did not want to discuss the matter until a public hearing was held. Mayor Bauch replied that the recommendation from the Planning Director to the City Council tonight is to set a public meeting. Planning Director Kjell Stoknes said that just for a brief review the Planning Commission had a public hearing on January 29 that recommended approval of the applica- tion. He stated that it is before the Council now as State Law says that the Council here sets a meeting - a public meeting date - not necessarily a public hearing. Assuming you do that for your.next Council Meeting on March 1 you have the option to adopt the Planning recommendation, thi: would finalize the preliminary subdivision and it would then go back to final design by the engineer, come back to the Planning Commission for final plat approval and then back to the Council for final plat approval with the Planning Commission recommendatior After this point it would be filed with the King County Department of Records and Assessments. That would be the final process on it. If, on March 1, the other option in the State law says you can rejec the Planning Commission recommendation. In that case, you have to set a public hearing. The request can be approved or denied. If it is denied the applicant has the option of dropping it or going to court. If it is approved the applicant goes back the drawing board with the final design and then the final plat is processed through the Planning Commission or the Council. He continued that the basic step tonight would be to set a public meeting date in which you decide whether you agree with the Planning Commission recommendation. Mr. Stoknes stated he did not know the legality involved if the Council wants to set a public hearing tonight. The step -by -step R.C.W. is first meeting set the public meeting date, the second hearing decide you agree or do not agree with the Planning Commission recommendation. If you agree, you are done; if you do not agree you have to have a public hearing. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT A PUBL. MEETING BE HELD ON MARCH 1 AT 7:00 P.M. TO HEAR SUB DIVISION APPLICATION BY FRANK TODD. CRRIED. Mayor Bauch asked City Clerk Shirlee Kinney to read his letter to the City Council and Steve Hall's letter to Mayor Bauch stating that Mr. Barney Ruppert's last day of work will be Friday, February 20, 1976 and recommending that Mr. Al Pieper, the present Building Inspector be promoted to the posi- tion of "Code Enforcement Officer." Mr. Hall also recommended a salary which falls approximately half way between Mr. Pieper's present salary of $947 per month and Mr. Ruppert's salary of $1,300 per month. This would establish the beginning salary at $1,100 per month. Mr. Hall stated in his letter that he will not be hiring a new Building inspector at this t. the f.: 1 �f t:1.;lll•' 1-16 au \:'U1J� 'luau uVi:S i10� require �.att 1.1s..lilly TUKWILA CITY COUNCI - ..FETING February 17, 1976 Page 6 NEW BUSINESS - Contd. Building Director vacancy recommendation & letter from Mayor - Contd. Phase I Development of Christianson Rd. RECESS 8:10 P.M. - 8:20 P.M. 1 SECOND READING OF ORDINANCES Ord. - Ordering improvements re: L.I.D. 428 of this position. However, he requested tha full Building Official's salary and the Building Inspector's salary be left in the budget at -% th�.. .. ^T � 1976 established wage. Although they might n utilizing these funds in direct salaries, they possibly need to use a portion of them through an inspection firm to augment Mr. Pieper 's peak work load. Council President Hill stated that this:- change would have to be in the form of an ordinance'. to revise the budget. MOVED BY VAN DUSEN, SECONDED BY MS. PESICKA, THAT THE COUNCIL CONCURS WITH THE RECOMMENDATION OF PUBLIC WORKS DIRECTOR STEVE HALL AND HAVE AN ORDINANCE DRAWN UP TO AMEND THE BUDGET AS REQUIRED. CARRIED. Kjell Stoknes, Planning Director, stated that the Tukwila Park Board had recommended that the City Council authorize direction set'forth in the "Scope of Project for 1976" and also recommended that the trail comply with the criteria stated in the "Design Goals." He added that the development of Christianson Road has also been demonstrated to be a project of high priority to citizens as shown in a public meeting as well as the City Council Members themselves. In order to begin work on thi: project, the City Administration is requesting the following commitments from the City Council: Alloy construction of a finished demonstration trail sec tion beginning at the Bicentennial Cabin and contii uing south until budgeted monies are expended; allc construction of a 12 foot paved service from Tukwi: Parkway to South 180th Street; allow a total expen- diture of up to $85,000 for the development of Christianson Road during 1976, that the final design be done in conformance with the design goal! as stated on the conceptual diagram. He added that we are asking for about 25% of the cost to be paid for by the City. He said that pedestrians would bi given priority over automobiles and bicycles and he felt it is important to move right along on thi! project, they would like to get going by late spri3 and have a trail in use by late summer or early in the fall. Mr. Stoknes said there are several sour of funding. Councilman Saul stated that he was really impressed with the project and he hoped tha• the City moved right ahead on this. MOVED BY SAUL SECONDED BY MS. PESICKA, THAT WE MOVE FORWARD IN THE BICENTENNIAL SPIRIT AND BUILD A TRAIL ON CHRISTIANSON ROAD USING MONIES FROM THE PARK TRUST FUND AND LAND ACQUISITION FUND. CARRIED. Mayor Bauch said that the budget transfer would be • made and everyone would be kept•apprised of the progress of this project. MOVED BY MS. PESICKA, SECONDED BY HILL, THAT THE MEETING RECESS FOR 10 MINUTES. CARRIED. Mayor Bauch called the meeting back to order with all Council Members present as previously listed. Council President Hill stated that at the Council of the Whole Meeting the Council had requested an opinion from the City Attorney regarding the City' participation in this L.I.D. and also late comer's agreements. Deputy City Attorney Hard said that basically the answer was that the City can partici pate in this program under certain circumstances. 1'11L11 V+.ii \.VV11,...1L L1A.JX i .V / , . • V ',,\.' . ruary 17, 1976 ,. , N, �, ' _age 7 SECOND READING OF ORDINANCES - Contd. Ord. - Ordering He cited a similar case involving the City of Seattle improvements re: in 1972 which was upheld by the courts. He said that LID n28- Contd. it depends somewhat on the facts, but he thought generally it can be done. Council President Hill asked in what manner the City could participate - the undergrounding? Deputy City Attorney Hard said there would have to be equality. Council President Hill then asked about the late comer's agreement. Deputy City Attorney Hard said he thought that was also possible, he said that he had tried to find something on this to give him guidance, but he thought a late comer's agreement could be worked out. Council President Hill asked how this would be handled? If the City participated in one or two parcels, then would they file a lien on the property • so it could not be sold without paying off the LID? Deputy City Attorney Hard said it could be done that way but it would have to be agreeable to both parties. Mayor Bauch stated that the Council has an Ordinance up for its second reading and asked what was the pleasure of the Council. Council President Hill stated that for information he under - stood that the north portion of the parcel was taken. out. Public Works Director Steve Hall answered that was right. Council President Hill said that due to Mr. Esping not really needing this street except perhaps as an access to the rear of the property - could the City participate in that and then when i the property was sold - it is zoned RMH - the pay- ment could be made at that time. When the road goes up both sides of property it is hard to say • this property benefits and this one does not. Would; the Ordinance have to be rewritten to do this? • Mayor Bauch asked for the Deputy City Attorney's opinion on.this matter and he said that it might have to be rewritten, that he had not seen the ordi -1 nance. Mayor Bauch explained that this Ordinance . was written by Mr. Parker, former.City Attorney. Public Works Director Hall stated that there is a provision in the law that you may make minor revis- ions in a description or the preliminary assessment roll, but when it is major revisions in the prelimi -t nary assessment roll he did not know, Mr. Hard woulcp have to answer that. Councilman Saul said that if you say that you want to eliminate some of the 1 properties to come in later, how can the fellow next to him, Mr- Wynn, or the Tukwila Association, not say the exact same thing and the City is doing all of the cost of the project. Council President Hill said that it has been stated many times that the Tukwila Association does not have an access to Maca- dam except out on 152nd, that entering traffic at that angle, as an example, and it is rather steep there - there is about a 6 to 8 foot bank - they would have to use 152nd, they cannot come down farther south, but Mr. Esping's is all flat and is at the level of Macadam at the present time. That is where he is in a quandry, he continued, do you d it for one and not for another? He said the City would end up paying Tukwila Associates, Esping, and Mr: Wynn's, collecting at a future date - 5 years, 10 years, or 2 years. Mr. Dobson, attorney for Rod Esping, said that he would like to say a few words in behalf of his client. He said that he knew Mr. Esping had been before the City Council before in protesting this LID. He said that he wou like to review briefly the basis for his protest. He asked about the statement in the newspapers that there would be approximately 1,000 people on the hill. He wanted to know if there was an environmen February 17, 1976 e Page 8 SECOND READING OF ORDINANCES - Contd. Ord. - Ordering improvements re: LID If 28 - Contd. tal impact study made that arrived at that -- ii Mayor Bauch stated there was not an envi.ronmen impact study made, this figure was based on th density and the number of buildings that are goin9A Mr. Dobson stated that Mr. Esping has found it very difficult to•determine how his property w going to benefit by this LID. He said that Mr. Esat has already paid for sewer for his frontage on Macadam Road and now it is proposed that he be assessed for the other; he has been paying for the water on Macadam Road and it is proposed that he be. assessed for water on the side street. Councilman Traynor arrived at the meeting at 8:30 P. and took his seat at the Council Table. Mr. Dobson continued that the Council saw fit to eliminate part of his property from the LID. He stated his question was what property specifically would this LID benefit? He asked what other access is there other than this proposed LID to the proper south of the LID. He asked if that property was no specifically benefitted. He said there was the matter of the degree of benefit. 'Mr. Esping's pro- perty may benefit some but not to the degree that the other property would. He said there was also the question with regard to the development agreeme . that was entered into several years ago, back in 19 When the Smith property was reclassified the develo ment agreement specifically said that the owner of that parcel would improve south 152nd Street eas of 57th Avenue South and that the owner of the pro- perty would widen the easterly half of 57th Avenue South and bring it up to minimum standards; that th owner will provide water mains; that the owner will place power and telephone wire underground on 152nd Avenue South, but it does not restrict it - it says on 152nd - and that the owner will provide adequate sewage. This owner apparently in renegotiating the classification of this property found it beneficial to agree to do this. Now under this LID are these things taken into consideration? The agreement goe farther to say "In addition to these others he will participate in an LID for the widening and improvin 152nd Street from Macadam to 57th Avenue South." Public Works Director Hall stated that the Smith pr perty has sanitary sewer to serve the existing apar ments he is now constructing - they are adequate - the water he has served through his property. Depu City Attorney Hard said that Mr. Esping has a point in that he had paid for water and sewer and this should be taken into consideration. Council President Hill said that Mr. Hall, Director of Publ Works, had given an estimate that had come up from Planning that from 57th to Macadam there will not k any new water or sewer installed. That will not be part of the LID. The only water that will be instz led will be from 57th Avenue east of 152nd to even- tually tie in to 151st in order to make a loop system. The portion of the road from Macadam to 5; it iaas their estimate - I think the figures were $167,000 to complete that portion of it. From 57t1 up to the end of 152nd - the cost of that would be approximately $90,000. Mr. Smith, who is developir the yellow portion, $90,000 is what it would cost to completely develop what he has agreed to develoi Thus he has an assessment of $148,000 so he is actually paying $58,000 of the Macadam - 257th por- tion of that LID and originally that road was put and surfaced by Smith who was developing. The roac that are in. now were put in by him. As far as the agreement goes, Council President Hill continued, Mr ;mi-1 -b . ha c rPt all of the rc.qui romPnt.s ht- n nisi . c ebruary 17, 1976 Page 9 SECOND READING OF Ord. - Ordering improvements re: LID #28 - Contd. RESOLUTIONS . Res. 510 - Surplussing P.D. motorcycle to Highline College Res. 511 - Authorizing Chief Exec. Officer to enter into agree- ment retaining Stevens, Thompson & Runyan for Southcenter Blvd. project Res. 512 - Authorizing Chief Exec. Officer to 'execute agreement with Pac. NW Bell for undergrounding ORDIN - Contd. the $90,000 he is completing his portion that is . inside his property - he is paying for all of that plus he is paying $58,000 on 57th and Macadam. Ou City Attorney might give us an opinion but it app- ears that Mr. Smith has met his commitment. Deput City Attorney Hard said that in taking Mr. Hall's word, it appears that Mr. Smith has fulfilled his requirement. Councilman Traynor stated that in th information that was received from Public Works Director Hall an Alternate II was presented, which would appear more fair. Mr. Gus Nikataini stated that the. Smith property would benefit mostly from the LID. Councilman Traynor said the need of the road was not a debatable item, it has to be done. The problem is to get the yellow property on the map to pay their fair share. He stated it was his thought that Alternate II would take the best care of this. Deputy City Attorney stated that there might need for a new ordinance. He said that i his opinion there are some legal risks in Alternat II. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT AN ORDINANCE BE PREPARED TO ENCOMPASS ALTERNATE II.* The discussion continued with Councilman Van Duser asking if Mr. Esping is being assessed fairly. Councilman Traynor stated that he would like to have Deputy City Attorney Hard pursue the idea of late comer's agreement then when the people develc their land they will pay their fair share. • *CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT PROPOSED RESOLUTION BE READ. CARRIED. Deputy City Attorney Hard read the proposed resolution. MOVEI BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULE: AND ADOPT RESOLUTION 510 AS READ. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Deputy City Attorn( Hard read the proposed resolution. MOVED BY HILL SECONDED BY TRAYNOR, TO SUSPEND THE RULES AND ADO] RESOLUTION 511 AS READ.* Mayor Bauch stated that Public Works Director Steve Hall has said that the last sentence of the last paragraph was a matter of negotiation and would cause a two week delay. He recommended that this sentence be taken out of the resolution. Councilman Traynor asked if these engineering services would be moved around on a rotational basis and Mr. Hall said they would. MOVED BY HILL, SECONDED BY SAUL, THAT THE RESOLU- TION BE AMENDED TO DELETE THE LAST SENTENCE IN TH: LAST PARAGRAPH. * *CARRIED. *CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Coun President Hill said that the City Attorney had no felt it was legal. Deputy City Attorney Hard stated that he had reviewed the resolution and felt it was legal and is for the public welfare. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT RESOLUTION 512 BE ADOPTED.* Deputy City Attorney Hard said that the resolution was not drafted by him, but he felt that it met the requirements. *CARRIED. TUKWILA CITY COUNCIFsETING February 17, 1976 Page 10 RESOLUTIONS - Contd. Res. 513 - Authorizing Chief Exec. Officer to execute agreement with Puget Power for under - grounding Cable TV Res. 514 - Authorizing execution of agreement with King Co. for SEA -KING services DEPARTMENT REPORTS Mayor's Report MOVED BY HILL, SECONDED BY VAN DUSEN, THAT pp RESOLUTION BE READ BY TITLE ONLY. CARRIED.::•. t City Attorney Hard read the resolution by MOVED BY VAN RESOLUTION513UBENADOPTED . CARRIED. PESICIW 1 MOVED BY HILL, SECONDED'BY SAUL, THAT THE AGENDA BE AMENDED TO ADD DISCUSSION REGARDING CABLE TV. CARRIED. Mayor Bauch referred to a letter from TelePrompter dated in June stating that they would participate in the undergrounding ordinance at no cost to the City. The local Cable TV people said they did not have the authority to participate, but the letter from the New York office said they could participate and absorb the full cost. Mayor Bauch stated he was wondering about the need of a contrac with them. Deputy City Attorney Hard stated that he would recommend that the City have a contract with them and that they submit it in their form. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT THE CITY OBTAIN A CONTRACT WITH TELEPROMPTER BY RESOLUTION FOR CABLE TV. CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. The Deputy City Attorney read proposed resolution by title only. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION 514 BE ADOPTED. CARRIED. Mayor Bauch stated that in accordance with the instructions given to him by the City Council, he and Council President Hill had an appointment with, Mr. Desimone and he indicated he would be willing to sell at a price of $150,000 or ,the appraised price, whichever was lesser. The McAbee preliminaz appraisal will be in the City office tomorrow and the final written appraisal will be in the Citl in about one week. The City Council has funded money for a clean -up this spring and Mayor Bauch stated he would appreciate suggestions for a chairman for this committee. The chairman would coordinate the acti- vities. Ms. Pesicka stated that Mayor Bauch had done such a good job last year that he likely had someone in mind for this year. Mayor Bauch said it had been suggested that the period of time for the clean -up be longer than the week and it had also been suggested that it be earlier in the year to pick up all of the trimmings of the shrubbery. Mayor Bauch said that he and Councilman Gardner had attended some meetings with County Councilman Mooney and Representative Brock Adams. Valley mayors and representatives are being briefed on the status of flood control and if the valley cities really want flood control they 'can find out what to do to get the federal agencies to cooperai It may cost around $75,000 to get a study of the flood control in the valley and the purpose of the study is to come up with a plan as to how it shoull be funded. There was a proposal to set up zones in the County - a map was delivered this afternoon which depicts such zones and it will be shown at tl next Committee of the Whole meeting. Mayor Bauch reported that Chief Crawley had been notified that Tukwila has placed seventh in the nation in cities 10,000 and under for Code Enforce ,uent (1116 tire prevention. LA UJ.J Y LUUNC:1L 1N7J J - (i ruary 17, 1976 AV ge 11 Mayor's Report - Contd. City Treasurer's . monthly report of investments MISCELLANEOUS & FURTHER AUDIENCE COMMENTS Discussion: City Attorney contract Discussion: Change in time of the City Council meeting DEPARTMENT REPORTS - Contd. Mayor Bauch stated that Public Works Director Steve Hall has determined the official area of the City for planning purposes and that the City is 4.2 square miles and it ranks as the 37th largest city in the State. Councilman Saul read the cover letter of the Treasurer's Report. Council President Hill read a letter from Pacific National Bank of Washington, Tukwila, commending Police Chief Sheets and the Police Department for their action during a recent hold up at their bank. Council President Hill read a request from Mayor Bauch for time to make film presentation at the Committee of the Whole Meeting•on February 23 regarding the Neighborhood Crime Prevention. • Deputy City Attorney Hard stated there will be a Coroner's Inquest on Thursday, February 19, regarding the recent bank hold up and shooting. Council President Hill stated that he wondered about Ordinance #925, Appointment of City Attorney, that he had no argument with the firm as it was an appoint- ment by the Mayor and confirmed by the City Council, but he noted that Larry Hard had been designated in a letter as the City Attorney and later Mr. Fleming was sworn in as City Attorney. Council President Hill wondered if these two differences might be picked up in a court case. Deputy City Attorney Hard stated that the nomination was the law . firm of LeSourd, Fleming, Patten and Hartung. He added that they would have preferred not to have any individuals named but Mr. Fleming has been designated as City Attorney. He added that the City Council would not have to worry about legal technicalities in the dis- tinction of City Attorney and Deputy City Attorney. Councilman Traynor stated that he would like to see in writing a letter to the City Council that they did confirm the law firm of LeSourd, Fleming, Patten, and Hartung with Mr. Fleming as City Attorney and Mr. Toone and Mr. Hard as Deputy City Attorneys. Councilman Traynor continued that the Mayor could write the letter for confirmation by the City Council. Ms. Pesicka stated that she liked the idea of having the law firm named as the City Attor- ney. Deputy City Attorney stated that he thought Mr. Fleming should remain as City Attorney and all of his associates would be available to supply any legal needs of the City. Councilman Saul stated that he thought the Council should change the time of the Council meetings to 6:30 P.M. and have them on Tuesday night rather than Monday nights. Councilman Traynor said pat he would go along with the change in time to 6:00 or 6:30 P.M. but it is customary for the City Council " to be held on Monday nights and it would cause confusion to those who think of it as being on Monday night. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT ORDI- NANCE BE CHANGED TO CHANGE MEETING TIME TO 6:30 P.M. FOR REGULAR CITY COUNCIL MEETING.* Council President Hill said that the Council meeting is not just for Council Members but for citizens and business men. He said he would like to go along with 8:00 P.M. but would stay with the 7:00 P.M. time. Councilman Saul stated that other cities start their Council meetings at 5:00 and 5:30 P.M. *MOTION FAILED. 1 Na February 17, 1976 Page 12 MISCELLANEOUS & FURTHER AUDIENCE COMMENTS - Contd. Council Committees Appraisal on Desimone property and City property City Attorney fees Community Affairs Committee meeting Green River Flood Control C Ms. Pesicka a Community on February chairman of MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THi CITY COUNCIL CONCUR WITH THE COUNCIL PRESIDENT oN THE APPOINTMENTS TO COUNCIL COMMITTEES. CARRIED, . MOVED BY MS. PESICKA, SECONDED BY TRAYNOR, THAT:Tfl MAYOR BE DIRECTED TO HAVE THE CITY PROPERTY AND DESIMONE PROPERTY APPRAISED "POST HASTE." * Counci man Traynor said he thought it would be worth the time of the Council to get with Mr. Desimone and take-three appraisals and select the one that he wants. *CARRIED. Deputy City Attorney Hard stated that his firm could submit monthly billings for the City Attorney retainer fee and land use attorney fee. Council President Hill stated that in the budget there is $18,000 for City Attorney retainer fee and $10,000 for other legal expenses to be used at the discretj of the City Attorney. Deputy City Attorney Hard said his staff wanted to do whatever the City Counc wanted them to do; that they would prefer an hourl3 rate of pay but Mayor Bauch felt it would be betteJ to go on a monthly basis, using the $10,000 for lar use. He added that it is his feeling that they use more hours but if hours do not justify retainer it could be decreased and they would so advise the Cii At the present time in court they 'are prosecuting more, there are more appeals and it is costing more Frank Todd, audience, asked how many hours Mr. Harc had worked for the City as City Attorney and land use attorney during the month of January. Deputy City Attorney Hard said he did not have the time records with him, but he estimated $1,200 worth of his time. Frank Todd, audience, stated that when the budget was prepared by him it was not intended . to use the $10,000 for land use attorney as retain fee. Councilman Van Dusen stated if the money is used that way it should be.written in the budget that way. Council President Hill said he agreed that it show in the budget as additional retainer on the salary page. Mayor Bauch stated this was • more economical than paying by the hour, which wou: be $45 per hour. MOVED BY TRAYNOR, SECONDED BY SA1 THAT THE COUNCIL CONCUR WITH THE MAYOR'S DECISION TO USE THE ADDITIONAL FUNDS AS RETAINER, AS THE CITY WOULD GET MORE SERVICE USING IT AS A RETAINER THAN ON AN HOURLY BASIS. CARRIED, WITH HILL VOTING NO. verified the fact that there would be Affairs Committee meeting at 5:30 P.M. 18, 1976 for the purpose of electing a that committee. Ben Aliment, Foster Golf Course, stated that he had concern regarding the Green River Flood Contro: Mayor Bauch said as a result of an earlier meeting work is being done on this problem. Tie Corp of Engineers has been contacted and they are working on the problem. Mr. Aliment said that: he appreciated the fact that everything takes money and he would like to be present at every meeting when this matter is discussed. VILA CITY COUNCIL MEEK S IG ruary 17, 1976 age 13 MISCELLANEOUS & FURTHER AUDIENCE COMMENTS - Contd. Ord. 925 Re: City Attorney & Deputy ADJOURNMENT 10:22 P.M. Frank Todd, audience, stated that when Ordinance 925 was passed over his veto when he was Mayor, Section 2 describes duties of the City Attorney. He stated he would like the opinion of the Deputy City Attorney. Deputy City Attorney Hard said that is one of the things he would like to overhaul = this ordinance and the duties of the City Attorney. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE CITY COUNCIL MEETING ADJOURN. CARRIED. f/ i011e l Edgar ; ( : mach, Mayor Shir e AL Kinney, City Clerk KS /cw MEMORANDUM CITY of 11-114:10V11.A. PLANNING DEPARTMENT TO: Tukwila City Council Members FROM: Kjell Stoknes, Planning Director i i52- SUBJECT: Subdivision application by Frank Todd Attachments: Staff report dated 29 January 1976 Planning Commission minutes of 29 January 1976 DATE: Feb. 6, 1976 During the Planning Commission meeting of January 29, 1976, a public hearing was held on a proposed preliminary subdivision application by Mr. Frank Todd. Due to the lack of substantive local laws covering the division of land and standards related thereto, the City Staff prepared a report with recommendations based on both local law and state law. See the attached staff report submitted to the Tukwila Planning Commission dated 29 January 1976. After considerable discussion on this subject during the public hearing, the Planning Commission did recommend approval of the preliminary subdivision application subject to the following conditions: 1. A ditch section be designed in accordance with Tukwila Municipal Code standards for storm water runoff. 2. Monumentation of each corner of the subdivision and each lot line as it intersects with any other road easements. 3. Dedication of five feet of additional public right -of -way along the entire east property line adjacent to 62nd Avenue South. The motion of the Planning Commission did not adopt any findings or conclu- sions, it merely made a recommendation. The minutes of the Planning Commission meeting and the Planning Commission staff report repared by the Planning Depart- ment are attached for your information. It is the recommendation of the Planning Department that the City Council make no decision on this preliminary subdivision application without also making decisions on the appropriate findings and conclusions leading up to that decision in order to protect the . city from legal challenge. C CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT ?�t :. .i F.:J / t 1:: -. ..1 : {.i 29 January 1976 8:00 P.M. AGENDA ITEM VI B : PUBLIC HEARING - Preliminary Subdivision (Todd) ACTION: Preliminary Subdivision Application. LOCATION: Approximately 300 feet north of Southcenter Boulevard on 62nd Avenue PROPERTY SIZE: 2.5 Acres ZONING: R -3 APPLICANT: Mr. Frank Todd FINDINGS: 1. Property is 2.5 acres in area and 15 lots are proposed. 2. Property is zoned R -3 which allows lot sizes of 6,000 square feet with 50 foot minimum width. (TMC 18.08.010 and.18.14.080) 3. The street serving this property has a width of 40 feet. 4. City ordinances do not require road dedications. 5. Roadways serving residential areas must provide: a. 20 feet of pavement plus 7 feet of crushed rock shoulder on each side. (TMC 17.08.020 (1)) b. Ditches to handle run -off anticipated on the basis of a ten year storm. (TMC 17.08.110) 6. Various city standards exist regarding utility standards. 7. No turnaround is proposed on the dead end roads. Planning Commission Staff Report Page 2 29 January 1976 8. State law regarding subdivisions, Chapter 134, Laws of 1974, 1st Ex. Session, Sec. 5 (RCW 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 schoolgrounds, 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 such open spaces, drainage ways, streets, 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 appropriate provisions or that the public use and interest will not be served, then the legislative body may disapprove the proposed plat. Dedication of land to any public body, may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The legisla- tive body shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners." 9. State law from 1969, (RCW 58.17.240) also. states: "Except for subdivisions excluded under the provisions of RCW 58.17.040, as now'or hereafter amended, permanent control monuments shall be estab- lished at each and every controlling corner on the boundaries of the parcel of land being subdivided. The local authority shall determine the number and location of permanent control monuments within the plat, if any." CONCLUSIONS: 1. Proposed lot sizes and width comply with zoning regulations. 2. Although local regulations do not require dedication of roadways and construction to city standards, FINDING 8 dealing with state law should be reviewed to determine if a public street would be in the public health, safety and general welfare especially relating to providing public access to the land to the west. "Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat." In any case, if private roads are used, the easement description should provide equal and undivided interest to all abutting lots and be included on the final plat. Planning Commission ` . Staff Report Page 3 29 January 1976 3. TMC 17.08.010 (1) requiring residential roads to have a minimum right -of -way width of 50 feet, ten feet more than existing width. 4. The proposed roadways: a. Do provide 20 feet of pay.ement but do not provide 7 feet of crushed rock shoulder on each side. b. Do not provide a ditch on the south side of each road to handle storm water runoff for a 10 year storm. 5. All utilities must conform to established city standards. 6. Consideration should be given to the need for turnarounds on each road to protect the public health, safety and general welfare. Fire Department recommends a 65 foot turning diameter or a fire hydrant at the end of each road. 7. Since no local comprehensive plan or regulations exist regarding open spaces, alleys, parks, playgrounds, or school sites, the proposed subdivision appears to be in the public health, safety and general welfare in these areas. (See Conclusion 2 regarding interior roads.) RECOMMENDATION Staff recommends approval of this preliminary subdivision only with the following stipulations: 1. Seven feet of crushed rock be provided on each side of the 20 foot road section. This would require a total easement of 34 feet in width rather . than the proposed 30 feet. 2.. A ditch section be designed in accordance with Tukwila Municipal Code standards and included on each side of the roadways for storm water collection. 3. Monumentation of each corner of the subdivision and each lot line as it intersects with any of the road easements. 4. That the sanitary sewer and water mains within the easement roads be dedicated to the City and an adequate easement be provided for their maintenance. In addition, the water main be a loop system, preferably through lot 7, with 3 gate valves provided in the system. Planning Commission staff Report 5. Dedication of five feet of additional public right -of -way along the entire east property line adjacent to 62nd Avenue South and the execution of a developers agreement with the City to agree to partici- pate in any future L.I.D. to improve 62nd Avenue including any utility or other related improvements needed in conjunction with the street improvement. 6. That a 65 foot diameter turnaround be required at the western terminus of each road or a through road be provided connecting the two easement roads through lot 7. 7. A provision be made allowing access through this property to the property to the west. NOTE: Local ordinances dictate the requirement of items 1 and 2 in the above recommendation. State law requires monumentation of each corner of the boundaries of the subdivision. The additional monumentation of lot lines where they intersect with the proposed roadways is a staff recommendation that is considered to be in the public interest and state law authorizes the Planning Commission to require internal monumentation of lots. Recommendations 4 through 7 have no local or state law explicitly,. duthorizing them, however, staff feels they are necessary for the public health, safety and general welfare as worded in the State Law in Finding 8 of this staff report. Staff feels it is within the prerogative of the Planning Commission to require items 4 through 7 should they also feel it appropriate.. Page 4 29 January 1976 Frank Todd, Mayor CITY OF TU KWI LA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 PLANNING DEPARTMENT PLANNING COMMISSION Minutes of the Meeting, 29 January 1976. The regular January 1976 meeting, postponed from 22 January 1976, was called to order at 8:05 P.M. by Chairman Mettler. Members present were: Mr. Mettler, Mr. Link, Mr. West and Mr. Kirsop. Planning Department was represented by Fred Satterstrom and Gary Crutchfield. Motion by Mr. Link, seconded by Mr. West and carried to approve the minutes of 18 December 1975 as prepared. Motion by Mr. Kirsop, seconded by Mr. Link and carried to postpone annual election of officers until the next regular meeting. Mr. Crutchfield read the Staff Report regarding City Council actions with respect to planning- related matters during the past'month. PUBLIC HEARING - REZONE from R -12 to R -7.2 (Homeco Realty) Mr. Crutchfield informed the Commission that a complete application had not been received as yet and that Staff recommends the matter not be heard or considered until such time as a complete application is received. General concensus of the Commission to not consider the application until complete. PUBLIC HEARING - PRELIMINARY PLAT (Todd) Mr. Crutchfield explained where the subject property is located, briefly described the proposed plat and read entire Staff Report including Findings, Conclusions and Recommendations. Chairman Mettler opened the Public Hearing at 8:25 P.M. and asked for c omments from audience. Planning Commission Page 2 Minutes of the Meeting 29 January 1976 Frank Todd, 14446 - 59th Avenue South, proponent of the action, pointed out the Staff Report had been revised from what it contained a week ago. Noted the entire plat is intended to remain in private ownership and not for sale. Agreed that the private internal roads should serve all lots within the plat. Disagreed with Staff's recommendation for a wider roadway since no standards exist in the Tukwila Municipal Code (TMC) for private roads. Noted several examples of private roads which do not meet the recommendation of staff — 48th Avenue, Industry Drive and others. Disagreed with need for execution of Developer's Agreement for L.I.D. regarding 62nd Avenue since he will be putting in all necessary utilities and will agree to dedicate five (5) feet additional right - of -way along 62nd Avenue. Will not provide public access to the properties lying to the west since those properties can gain access from Southcenter Boulevard. Lastly noted the City Council had denied three rezone applications on this property in the past year which would have allowed a much better use of the property than the present zoning. Joseph Johanson, 6425 South 153rd Street, asked if the property will be used for a trai l er k? Mr. Todd stated i t cowl d„,, Mr. Johanson stated this property has an excellent view, both from it and to it, and the sight of a trailer park on this property would not be in the best interest of the community as a whole. Further noted his concern that South 153rd Street may be used as access to this property which would disrupt the single - family character of his neighborhood. Reiterated his objection to a trailer park in this location. Mr. Todd made reference to the Washington State Supreme Court Decisions making any trailer which meets Uniform Building Code requirements a lawful residence. Mr. Johanson stated his primary contention was that a trailer park at this site would not enhance the integrity of the Tukwila residential neighborhood. Mr. Todd noted that Mr. Johanson had voted against all three rezone applications when he was a council member and if he wanted a better use of the property then he should have voted for a rezone. Mr. Johanson pointed out that R -3 zoning allows a better development then a trailer park — such as fourplexes. Mr. Link asked if the existing fire hydrants were adequate? Mr. Todd stated the existing hydrants meet Fire Code requirements. Mr. Link asked if 153rd Street could be extended westerly to provide access to the westerly properties? 4 Planning Commission Page 3 Minutes of the Meeting 29 January 1976 Mr. Todd stated 153rd Street is a private road and reiterated that the property lying to the west of his property does not need access through his property. Mr. Frank Kriedler, 14734 -- 59th Avenue South, asked if these lots will be sold? Mr. Todd stated he will build on the lots himself and they will not be sold. Mr. Kirsop asked if Mr. Todd had a typical plot plan. Mr. Todd stated no. Mr. West asked if the lot sizes conform to the zoning restrictions? Mr. Crutchfield stated they do. There being no further audience comments, Chairman Mettler closed the Public Hearing at 8:50 P.M. Mr. Link asked why Staff had recommended a 34 feet wide roadway easement? Mr. Crutchfield explained that the Planning Director, Public Works Director and Fire Chief had conferred and deemed the standards set forth in the sub- division title of the Tukwila Municipal Code to be the minimum roadway standard in a subdivision. Mr. Todd stated his belief that this was an illegal interpretation on the part of Staff -- that a single - family home would need a 34 foot wide driveway. Mr. Link asked if 153rd Street can physically be extended. Mr. Crutchfield explained the extension would be difficult at best and that the State Highway Department owns right -of -way along the north line of South - center Boulevard and is intended to inhibit access to those properties originally abutting Southcenter Boulevard. Mr. Link asked if the loop system and dedication of utilities was really necessary? Mr. Todd stated the entire development will be private and there is no need for dedication of the utilities or design of a loop system. Motion by Mr. Kirsop that since the City Council will have the final say on this matter, the Commission recommends City Council approval of the preliminary plat subject to the following conditions: 1. A ditch section be designed in accordance with Tukwila Municipal Code standards for storm water runoff. 0 . 2. Monumentation of each corner of the subdivision and each lot,line as it intersects with'any of the road easements. C Planning Commission Page 4 Minutes of the Meeting 29 January 1976 3. Dedication of five (5) feet of additional public right -of -way along the entire east property line adjacent to 62nd Avenue South. Motion seconded by Mr. Link and CARRIED. Mr. Crutchfield suggested the Commission hear Agenda items VII and VIII prior to conducting the remainder of new business. Motion by Mr. Link, seconded by Mr. Kirsop and carried to consider Agenda items VII and VIII next. SIGN - NC Machinery Mr. Crutchfield read the Staff Report explaining NC Machinery desired to erect a freestanding sign in addition to an existing freestanding sign located in the southern portion of the property. In accordance with Section 19.32.140 (A), Staff recommended approval of the proposed sign only if the existing sign was removed. Dale Box, Tube -Art Displays, stated he was told over the phone last week that the sign would be approved and the existing sign allowed to remain. Mr. Crutchfield stated he had no knowledge of any such telephone conversation and that he was the only one familiar with the application. Mr. Link noted that if the Commission allowed.two signs here, Cal -Ore Machinery could do the same as well as any other business that claimed supportive buildings need seperate identification. Mr. Crutchfield stated the property is under one ownership and the Used Machinery Center is supportive to the principal activity; therefore the property is limited to one freestanding sign in accordance with Section 19.32.140 (A) unless specifically approved by the Planning Commission. Motion by Mr. Kirsop, seconded by Mr. West to approve the proposed freestanding sign subject to removal of the existing freestanding sign and that the script on the proposed sign be limited to: NC Machinery Company and CATERPILLAR. Motion CARRIED. Mr. Norm Summers, NC Machinery, stated the business per se has no identification at the present time and they simply want to attractively identify the business as NC Machinery. Chairman Mettler informed Mr. Summers of the variance procedure available to him should he desire to pursue the matter further. The Commission feels the Code should be adhered to unless there is a hardship -- that is to be determined by the Board of Adjustment through the variance procedure. 4 VII. SIGNS AGENDA PLANNING COMMISSION 29 January 1976 I. CALL TO ORDER II. APPROVAL OF MINUTES III. ELECTIONS IV. CITY COUNCIL ACTIONS V. OLD BUSINESS VI. NEW BUSINESS A. PUBLIC HEARING - REZONE - R -12 to R -7.2 (Homeco Realty) V B. PUBLIC HEARING - PRELIMINARY PLAT (Todd) C. PUBLIC HEARING - OPEN SPACE ELEMENT D. PUBLIC HEARING - PARK and OPEN SPACE PROGRAM A. Additional Freestanding Sign - N.C. Machinery VIII. BOARD OF ARCHITECTURAL REVIEW A. Site Plan - McCann Project #300 (Southcenter South) IX. ANY OTHER BUSINESS X. ADJOURNMENT 8:00 P.M. 29 January 1976 C CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT 8:00 P.M. AGENDA ITEM III : ELECTIONS Although annual elections of officers normally has taken place in January of each year, two vacancies remain on the Commission and Staff recommends that election of officers be postponed until a full Commission is operative. 29 January 1976 CITY O F TU KW I LA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT AGENDA ITEM IV : City Council Actions I. Natural Environment Element The City Council has conducted a Public Hearing on the first element of the new Comprehensive Plan and it will be discussed by the City Council at a Committee -of- the -whole on Monday evening, 26 January 1976. II. Gjerde Annexation The City Council has adopted the final ordinance annexing the Gjerde property at the intersection of 52nd Avenue and Interurban Avenue. Pacific National Bank of Washington is still in operation there but can be expected to relocate nearer the commercial center of the city before long. III. Waiver from Resolution #489 (Anderson Rezone) The City Council has granted a waiver from the provisions of Resolution #489 to allow an application for rezone, from R -1 to C -2, to be processed. Staff anticipates an application to be processed and a Public Hearing scheduled for the regular February meeting. IV. City Hall The Council's Committee -of- the -whole is scheduled to discuss progress toward construction of a new city hall at their meeting Monday evening, 26 January 1976. 8:00 P.M. 29 January 1976 ACTION: APPLICANT: LOCATION: COMPREHENSIVE PLAN: CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT REZONE from R -12 to R -7.2 Homeco Realty (Gene Farrell) 14004 - 53rd Avenue South Single - Family Residential 8:00 P.M. AGENDA ITEM VI A : PUBLIC HEARING - REZONE from R -12 to R -7.2 (Homeco Realty) The applicant has failed to remit the filing fee and therefore staff has not fully processed the application. The applicant has been notified in writing of the lack of the filing fee and has, as yet, not responded. Staff recommends the application not be processed any further without filing of a complete application to include the $100 filing fee. CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT 29 January 1976 8:00 P.M. AGENDA ITEM VI B : PUBLIC HEARING - Preliminary Subdivision (Todd) ACTION: Preliminary Subdivision Application LOCATION: Approximately 300 feet north of Southcenter Boulevard on 62nd Avenue PROPERTY SIZE: 2.5 Acres ZONING: R -3 APPLICANT: Mr. Frank Todd FINDINGS: 1. Property is 2.5 acres in area and 15 lots are proposed. 2. Property is zoned R -3 which allows lot sizes of 6,000 square feet with 50 foot minimum width. (TMC 18.08.010 and 18.14.080) 3. The street serving this property has a width of 40 feet. 4. City ordinances do not require road dedications. 5. Roadways serving residential areas must provide: a. 20 feet of pavement plus 7 feet of crushed rock shoulder on each side. (TMC 17.08.020 (1)) b. Ditches to handle run -off anticipated on the basis of a ten . year storm. (TMC 17.08.110) 6. Various city standards exist regarding utility standards. 7. No turnaround is proposed on the dead end roads. Planning Commission Page 2 Staff Report 29 January 1976 8. State law regarding subdivisions, Chapter 134, Laws of 1974, 1st Ex. Session, Sec. 5 (RCW 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 schoolgrounds, 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 such open spaces, drainage ways, streets, 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 appropriate provisions or that the public use and interest will not be served, then the legislative body may disapprove the proposed plat. Dedication of land to any public body, may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The legisla- tive body shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners." 9. State law from 1969, (RCW 58.17.240) also states: "Except for subdivisions excluded under the provisions of RCW 58.17.040, as now or hereafter amended, permanent control monuments shall be estab- lished at each and every controlling corner on the boundaries of the parcel of land being subdivided. The local authority shall determine the number and location of permanent control monuments within the plat, if any." CONCLUSIONS: 1. Proposed lot sizes and width comply with zoning regulations. 2. Although local regulations do not require dedication of roadways and construction to city standards, FINDING 8 dealing with state law should be reviewed to determine if a public street would be in the public health, safety and general welfare especially relating to providing public access to the land to the west. "Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat." In any case, if private roads are used, the easement description should provide equal and undivided interest to all abutting lots and be included on the final plat. Planning Commission Page 3 Staff Report 29 January 1976 3. TMC 17.08.010 (1) requiring residential roads to have a minimum right -of -way width of 50 feet, ten feet more than existing width. 4. The proposed roadways: a. Do provide 20 feet of pavement but do not provide 7 feet of crushed rock shoulder on each side. b. Do not provide a ditch on the south side of each road to handle storm water runoff for a 10 year storm. 5. All utilities must conform to established city standards. 6. Consideration should be given to the need for turnarounds on each road to protect the public health, safety and general welfare. Fire Department recommends a 65 foot turning diameter or a fire hydrant at the end of each road. 7. Since no local comprehensive plan or regulations exist regarding open spaces, alleys, parks, playgrounds, or school sites, the proposed subdivision appears to be in the public health, safety and general welfare in these areas. (See Conclusion 2 regarding interior roads.) RECOMMENDATION Staff recommends approval of this preliminary subdivision only with the following stipulations: 1. Seven feet of crushed rock be provided on each side of the 20 foot road section. This would require a total easement of 34 feet in width rather than the proposed 30 feet. 2. A ditch section be designed in accordance with Tukwila Municipal Code standards and included on each side of the roadways for storm water collection. 3. Monumentation of each corner of the subdivision and each lot line as it intersects with any of the road easements. 4. That the sanitary sewer and water mains within the easement roads be dedicated to the City and an adequate easement be provided for their maintenance. In addition, the water main be a loop system, preferably through lot 7, with 3 gate valves provided in the system. Planning Commission Page 4 Staff Report 29 January 1976 7. A provision be made allowing access through this property to the property to the west. 5. Dedication of five feet of additional public right -of -way along the entire east property line adjacent to 62nd Avenue South and the execution of a developers agreement with the City to agree to partici- pate in any future L.I.D. to improve 62nd Avenue including any utility or other related improvements needed in conjunction with the street improvement. 6. That a 65 foot diameter turnaround be required at the western terminus of each road or a through road be provided connecting the two easement roads through lot 7. NOTE: Local ordinances dictate the requirement of items 1 and 2 in the above recommendation. State law requires monumentation of each corner of the boundaries of the subdivision. The additional monumentation of lot lines where they intersect with the proposed roadways is a staff recommendation that is considered to be in the public interest and state law authorizes the Planning Commission to require internal monumentation of lots. Recommendations 4 through 7 have no local or state law explicitly duthorizing them, however, staff feels they are necessary for the public health, safety and general welfare as worded in the State Law in Finding 8 of this staff report. Staff feels it is within the prerogative of the Planning Commission to require items 4 through 7 should they also feel it appropriate. 29. January 1976 CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT 8:00 P.M. AGENDA ITEM VI C : Comprehensive Plan Review and Open Space Element COMPREHENSIVE PLAN REVIEW: Plan is progressing on schedule. The RESIDENCE Committee will begin meeting next week and review of the third element of the Comprehensive Plan will be underway. OPEN SPACE ELEMENT: The OPEN SPACE element was originally drafted by the Planning Department staff under the general guidelines of the General and Element Goals adopted by the City Council as Resolution #504. The original draft was thoroughly reviewed by the OPEN SPACE Committee, a volunteer group of residents and businesspersons. Through the review process, the original draft was modified to bring the intent of the element more in line with community thinking. A map of recommended open space areas has been submitted by the citizen group for consideration by the Planning Commission in May, 1976, per the Flow Chart. Those who participated in the OPEN SPACE Committee's review were: Mr. Richard Kirsop,Chairman, Ms. Eileen Avery, Mr. John R. Howat, Ms. Maureen Bohrer, Mr. L. C. Bohrer, and Ms. Deb Walker. 29 January 1976 CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT AGENDA ITEM VI D : PUBLIC HEARING - Park & Open Space Program 8:00 P.M. The City Council, in early fall 1975, directed the Planning Department to update the city's Park and Open Space Program. A consultant was employed to perform the work in -house to ensure coordination with the ongoing Compre- hensive Plan effort. Public meetings were conducted with the Park Board on 14 October 1975 and 12 November 1975 and a citizen review meeting was conducted 19 November 1975. Public input from those meetings was incorporated into the draft presented to the Commission this evening for a Public Hearing upon which to base the Commission's recommendations to the City Council. CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT 29 January 1976 8:00 P.M. AGENDA ITEM VII A : Additional Freestanding Sign (N.C. Machinery) N.C. Machinery has proposed the erection of a freestanding sign to be located in their landscape area near West Valley Highway and perpendicular to the street as depicted in Exhibit "A ". Staff has assembled the following information with regard to their application for sign permit. FINDINGS: 1. A double -face, freestanding sign exists in a perpendicular location 80 feet south of the south entrance to the N.C. Machinery parking lot. This sign constitutes 160 square feet of sign area. 2. The proposed double -face, freestanding sign would be located approx- imately 160 feet north of the south entrance to the N.C. Machinery parking lot. This sign would constitute an additional 288 square feet of sign area.. 3. Section 19.32.140 (A) states "One freestanding sign per building shall be allowed, except when buildingp are supportive to the principle activity of a business where signs are allowed only for the principle use, unless specifically permitted by the Planning Commission." 4. The existing sign identifies the "Used Machinery Center" of N.C. Machinery. 5. The "Used Machinery Center" of the N.C. Machinery development appears to be a supportive use to the principle activity in consideration of the relation to each of the buildings and the fact both uses are under one ownership. 6. The proposed sign is requested to be in addition to the existing freestanding sign. CONCLUSION: Staff concludes that the Used Machinery Center" located in the southern portion of the N.C. Machinery property is an activity supportive to the principle use . and can be identified by a wall sign in conformance with the Sign Code. Planning Commission Page 2 Staff Report 29 January 1976 RECOMMENDATION Staff recommends the Planning Commission not allow an additional freestanding sign in conflict with the Sign Code. Should the existing freestanding sign be removed, the proposed sign would conform to the Sign Code and be approved. C E 40 BAG Ct. • • I t7 -, --: a-- 1 rst ri el a ..- ■-1 -• CD = ( th • .77 z r '5374 >.• y 5 d CELLO. B4G CO 1.14 Ac. PUGET SOUND POWER to LIGHT CO. RIGH1 LROAD UNI CH,CAGO MILWAUA'EE ST PAUL & PACIFIC RAI 6)"41151T 4,41 6IGM • itiActimery r § _ f pcn i & v TS rrl ‚ 4. C r CELLO BAG Ct z PUGET SOUND POWER /3 LIGHT CO. RIGHT CH,CAGO MILWAUKEE ST PAUL. g PACIFIC RAILROAD UN! EXHII5IT 61(A - N. c. ittAclimery BURL1NGTCN ± ST LI C C) IsIEW A`( SIM g, • E4SEMENT—z Co Co kr, ca Co cr. 0 0 STATE SIGN — 02A1 NORTHERN CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT 29 January 1976 8:00 P.M. AGENDA ITEM VIII A : Site Plan - McCann Project #300 (Southcenter South) McCann Construction Company has proposed the construction of Project #300, a multi- tenant industrial building to be located immediately south of Todd Boulevard and the existing Project #255 in Southcenter South Business Park. The proposed building will be approximately 93,000 square feet covering approximately 44% of the land area associated with it. Ninety -three (93) parking stalls are required per code but only 65 parking stalls are indicated on the plan. Moreover, those indicated vary between 8.5 and 9.5 feet in width, all of which are ninety- degree parking. Several parking stalls are indicated at the south end of the building in a manner which would cause the users to back out onto public right -of -way, explicitly prohibited by code. Staff recommends approval of the site plan only upon compliance with all of the following stipulations: 1. The site plan be revised to indicate provision for 93 parking stalls. 2. That all 90 degree parking stalls be a minimum width of 9 feet. 3. The curb cut at the south end of the property not exceed 40 feet. 4. That a detailed landscape plan be reviewed and approved prior to issu- ance of occupancy permit. 5. That all of the above, except #4, be approved by the Planning Depart- ment prior to issuance of a Building Permit. 22 January 1976 I. CALL TO ORDER II. APPROVAL OF MINUTES III. ELECTIONS IV. CITY COUNCIL ACTIONS V. OLD BUSINESS AGENDA PLANNING COMMISSION VI. NEW BUSINESS A. PUBLIC HEARING - REZONE - R -12 to R -7.2 (Homeco Realty) B. PUBLIC HEARING — PRELIMINARY PLAT (Todd) C. PUBLIC HEARING - OPEN SPACE ELEMENT D. PUBLIC HEARING - PARK and OPEN SPACE PROGRAM VII. SIGNS A. Additional Freestanding Sign - N.C. Machinery VIII. BOARD OF ARCHITECTURAL REVIEW A. Site Plan - McCann Project #300 (Southcenter South) IX. ANY OTHER BUSINESS X. ADJOURNMENT N� QOORc1r 8:00 ,P.M. 22 January 1976 CITY OF TU KW I LA. PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT r• 8:00 P.M. AGENDA ITEM III : ELECTIONS Although annual elections of officers normally has taken place in January of each year, two vacancies remain on the Commission and Staff .recommends that election of officers be postponed until a full Commission is operative. 22 January 1976 CITY OF TUKWILA PLANNING DEPARTMENT AGENDA ITEM IV : City Council Actions PLANNING COMMISSION :; ;: STAFF REPORT • 8:00 P.M. I. Natural Environment Element The City Council has conducted a Public Hearing on the first element of the new Comprehensive Plan and it will be discussed by the City Council at a Committee -of -the -whole on Monday evening, 26 January 1976. II. Gjerde Annexation The City Council has adopted the final ordinance annexing the Gjerde property at the intersection of 52nd Avenue and Interurban Avenue. Pacific National Bank of Washington is still in operation there but can be expected to relocate nearer the commercial center of the city before long. III. Waiver from Resolution #489 (Anderson Rezone) The City Council has granted a waiver from the provisions of Resolution #489 to allow an application for rezone, from R -1 to C -2, to be processed. Staff anticipates an application to be processed and a Public Hearing scheduled for the regular February meeting. IV. City Hall The Council's Committee -of -the -whole is scheduled to discuss progress toward construction of a new city hall at their meeting Monday evening, 26 January 1976. 22 January 1976 ACTION: APPLICANT: LOCATION: COMPREHENSIVE PLAN: CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT AGENDA ITEM VI A : PUBLIC HEARING - REZONE from R -12 to R -7.2 (Homeco Realty) REZONE from R -12 to R -7.2 Homeco Realty (Gene Farrell) 14004 - 53rd Avenue South Single- Family Residential 8:00 P.M. The applicant has failed to remit the filing fee and therefore staff has not fully processed the application. The applicant has been notified in writing of the lack of the filing fee and has, as yet, not responded. Staff recommends the application not be processed any further without filing . of a complete application to include the $100 filing fee. CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT AGENDA ITEM VI B : PUBLIC HEARING - Preliminary Subdivision (Todd) ACTION: Preliminary Subdivision Application LOCATION: Approximately 300 feet north of Southcenter Boulevard on 62nd Avenue PROPERTY SIZE: 2.5 Acres ZONING: R -3 APPLICANT: Mr. Frank Todd FINDINGS: 1. Property is 2.5 acres in area and 15 lots are proposed. 2. Property is zoned R -3 which allows lot sizes of 6,000 square feet with 50 foot minimum width. (TMC 18.08.010 and 18.14:080) 3. The street serving this property has a width of 40 feet. 4. City ordinances do not require road dedications. 5. Roadways serving residential areas must provide: a. 20 feet of pavement plus 7 feet of crushed rock shoulder on each side. (TMC 17.08.020 (1)) b. Ditches to handle run -off anticipated on the basis of a ten year storm. (TMC 17.08.110) 6. Various city standards exist regarding utility standards. 7. No turnaround is proposed on the dead end roads. Planning Commission Page 2 Staff Report 22 January 1976 8. State law regarding subdivisions, Chapter 134, Laws of 1974, 1st Ex. Session, Sec. 5 (RCW 58.17.110), reads as follows: ;z "The city, town, or county legislative body shall inquireinto 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 schoolgrounds, 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 such open spaces, drainage ways, streets, 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 appropriate provisions or that the public use and interest will not be served, then the legislative body may disapprove the proposed plat. Dedication of land to any public body, may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The legisla- tive body shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners." 9. State law from 1969, (RCW 58.17.240) also states: "Except for subdivisions excluded under the provisions of RCW 58.17.040, as now or hereafter amended, permanent control monuments shall be estab- lished at each and every controlling corner on the boundaries of the parcel of land being subdivided. The local authority shall determine the number and location of permanent control monuments within the plat, if any." CONCLUSIONS: 1. Proposed lot sizes and width comply with zoning regulations. 2. Although local regulations do not require dedication of roadways and construction to city standards, FINDING 8 dealing with state law should be reviewed to determine if a public street would be in the public health, safety and general welfare especially relating to providing public access to the land to the west. "Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat." In any case, if private roads are used, the easement description should provide equal and undivided interest to all abutting lots and be included on the final plat. 4. The proposed roadways: Planning Commission Page 3 Staff Report 22 January 1976 3. TMC 17.08.010 (1) requiring residential roads to have a minimum right -of -way width of 50 feet, ten feet more than existing width'. l• a. Do provide 20 feet of pavement but do not provide feet of crushed rock shoulder on each side. b. Do not provide a ditch on the south side of each road to handle storm water runoff for a 10 year storm. 5. All utilities must conform to established city standards. 6. Consideration should be given to the need for turnarounds on each road to protect the public health, safety and general welfare. Fire Department recommends a 65 foot turning diameter or a fire hydrant at the end of each road. 7. Since no local comprehensive plan or regulations exist : regarding open spaces, alleys, parks, playgrounds, or school sites, the proposed subdivision appears to be in the public health, safety and general welfare in these areas. (See Conclusion 2 regarding interior roads.) RECOMMENDATION: The staff cannot recommend approval of this preliminary subdivision at this time due to the following: 1. Seven feet of crushed rock are not provided on each side of the 20 foot road section. 2. No provision for drainage has been provided on the southside of each proposed roadway. 3. The Planning Commission should determine what responsibility this property owner has regarding the following: a. Access to the property to the west. b. Availablility of utility connections to the property to the west. Should the Planning Commission wish to take action on this application prior to having a study meeting on it, staff recommends the following conditions: 1. Dedication of five feet of additional public right -of -way along the entire east property line. Planning Commission Staff Report / 2. All utilities and improvements conform with the appropriate municipal . standards, including seven feet of crushed rock on shoulders and provision for storm drainage. 3. Adequate provision be made for public access to the property the west. �, ..4:` Adequate turn around be required on each road or a fire hydrant be located at the west end of each road. ,5 Monumentation of each corner of the boundaries of the subdivision as well as each lot corner. Execution of a developer's agreement with the city to agree to participation in any future L.I.D. to improve 62nd Avenue to include, but not be limited to, grading, drainage, paving, lighting and side- walks. Page 4 22 January 1976 CERTIFICATION BY APPLICANT: • I hereby certify that the information furnished in this environmental checklist sheet is true and accurate to - the best of my knowledge. Signature and Title Project Name: it;DAS' refifN! t47/9 (4 W47-- Project Address: /r5..../. 4 r q• jfE -Co BELOW THIS LINE FOR CITY USE ONLY ACTION .BY OTHER' DEPARTMENTS : • Date CITY OF TUKWILA gnature and. Tit ie .of Responsible Official 3. Applicant was notified of decision on: by • June t4, Date • Check one 1. Date of Review: Building .by: /i (•�) or ( -) --ee �1�. �1 CO or Planning 1 ) -it(' by: r should be processed without further consideration of environmental affects.. The project has significant environmental impact and a complete environ -.•:.! mental impact statement must be prepared prior to further action for permit. More specific information is needed to determine impact. • dik ?, /1 ? Date • by Staff Person Letter, 'phone In accordance with Washington State Environmental Policy Act and City of Tukwila Ordinance No, 759. CO Means recommend a full environmental impact statement be'done. (-). Means recommend a full environmental impact statement 'not 'be 'done: CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT j 22 January 1976 8:00 P.M. AGENDA ITEM VI C : Comprehensive Plan Review and Open Space Element COMPREHENSIVE PLAN REVIEW: Plan is progressing on schedule. The RESIDENCE Committee will begin meeting next week and review of the third element of the Comprehensive Plan will be underway. OPEN SPACE ELEMENT: The OPEN SPACE element was originally drafted by the Planning Department staff under the general guidelines of the General and Element Goals adopted by the City Council as Resolution #504. The original draft was thoroughly reviewed by the OPEN SPACE Committee, a volunteer group of residents and businesspersons. Through the review process, the original draft was modified to bring the intent of the element more in line with community thinking. A map of recommended open space areas has been submitted by the citizen group for consideration by. the Planning Commission in May, 1976, per the Flow Chart. Those who participated in the OPEN SPACE Committee's review were: Mr. Richard Kirsop, Chairman, Ms. Eileen Avery, Mr. John R. Howat, Ms. Maureen Bohrer, Mr. L. C. Bohrer, and Ms. Deb Walker. 22 January 1976 AGENDA ITEM VI D : CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT t 8:00 R.M. PUBLIC HEARING - Park '& Open Space Program The City Council, in early fall 1975, directed the Planning Department to update the city's Park and Open Space Program. A consultant was employed to perform the work in -house to ensure coordination with the ongoing Compre- hensive Plan effort. Public meetings were conducted with the Park Board on 14 October 1975 and 12 November 1975 and a citizen review meeting was conducted 19 November 1975. Public input from those meetings was incorporated into the draft presented to the Commission this evening for a Public Hearing upon which to base the Commission's recommendations to the City Council. 1 22 January 1976. CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT 8:00 P.M. AGENDA ITEM VII A : Additional Freestanding Sign (N.C. Machinery) N.C. Machinery has proposed the erection of a freestanding sign to be located in their landscape area near West Valley Highway and perpendicular to the street as depicted in Exhibit "A ". Staff has assembled the following information with regard to their application for sign permit. FINDINGS: 1. A double -face, freestanding sign exists in a perpendicular location 80 feet south of the south entrance to the N.C. Machinery parking lot. This sign constitutes. 160 square feet of sign area. 2. The proposed double -face, freestanding sign would be located approx- imately 160 feet north of the south entrance to the N.C. Machinery parking lot. This sign would constitute an additional 288 square feet of sign area. 3. Section 19.32.140 (A) states "One freestanding sign per building shall be allowed, except when buildings are supportive to the principle activity of a business where signs are allowed only for the principle use, unless specifically permitted by the Planning Commission." 4. The existing sign identifies the Used Machinery Center" of N.C. Machinery. 5. The "Used Machinery Center" of the N.C. Machinery development appears to be a supportive use to the principle activity in consideration of . the relation to each of the buildings and the fact both uses are under one ownership. 6. The proposed sign is requested to be in addition to the existing freestanding sign. CONCLUSION: Staff concludes that the "Used Machinery Center" located in the southern portion of the N.C. Machinery property is an activity supportive to the principle use and can be identified by a wall sign in conformance with the Sign Code. Planning Commission Staff Report RECOMMENDATION: C Page 2 22 January 1976 Staff recommends the Planning Commission not allow an additional freestanding sign in conflict with the Sign Code. Should the existing freestanding sign be removed, the proposed sign would conform to the Sign Code and be approved. t 4: •—■ :.' : -4- i 61 /sr) r r, ro 'I u, F r, i• z z !. r r. r. -;) o r- PUGET SOUND POWER a LIGHT CO. RIGH IC RAILROAD CH, CAGO MILWAUXEE ST' PAUL. PACIF )(141.15 6104 • c. ituckimery BURLINGTON NORTHERN r r .;;;;:," m —4 —4 z rn • 22 January 1976 CITY OF TUKWILA PLANNING DEPARTMENT PLANNING COMMISSION STAFF REPORT 8:00 P.M. AGENDA ITEM VIII A : Site Plan - McCann Project #300 (Southcenter South) McCann Construction Company has proposed the construction of Project #300, a multi- tenant industrial building to be located immediately south of Todd Boulevard and the existing Project #255 in Southcenter South Business Park. The proposed building will be approximately 93,000 square feet covering approximately 44% of the land area associated with it. Ninety -three (93) parking stalls are required per code but only 65 parking stalls are indicated on the plan. Moreover, those indicated vary between 8.5 and 9.5 feet in width, all of which are ninety- degree parking. Several parking stalls are indicated at the south end of the building in a manner which would cause the users to back out onto public right -of -way, explicitly prohibited by code. Staff recommends approval of the site plan only upon compliance with all of the following stipulations: 1. The site plan be revised to indicate provision for 93 parking stalls. 2. That all 90 degree parking stalls be a minimum width of 9 feet. 3. The curb cut at the south end of the property not exceed 40 feet. 4. That a detailed landscape plan be reviewed and approved prior to issu- ance of occupancy permit. 5. That all of the above, except #4, be approved by the Planning Depart- ment prior to issuance of a Building Permit. 22 January 1976 Frank Todd, Mayor CITY of TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 PLANNING DEPARTMENT PLANNING COMMISSION There being a lack of a quorum, with Commissioners Mettler, Link and Kirsop present, the regular January meeting of the Tukwila Planning Commission was postponed until 8 :00 P.M. Thursday, 29 January 1976. 22 January 1976 (date) CITY OF TUKWILA NOTICE OF PUBLIC HEARING Notice is hereby given that the Tukwila PLANNING COMMISSION will conduct a PUBLIC HEARING on the above date at City Hall, 14475 - 59th Avenue South, to consider a - PRELIMINARY SUBDIVISION proposed • for 2.5 acre of p r perty generally located west of 62nd Avenue approximately 300 feet north of Southcenter Boulevard and legally described as follows: (attached) . 8:00 P.M. (time) All interested persons are encouraged to appear and be heard. Richard Kirsop, Vice- Chairman Tukwila Planning Commission For further information contact Gary Crutchfield at 242 -2177. Published in the Renton Record - Chronicle on 7 & 14 January 1976 ER: GINEERS: GE: F LOTS: E 0 ITY ITY TH IT CIF GET 5A S 9 N OU .H HI. TON 6,00') SQ. " . ) AMIL`: DWE L INGS OF T WIL OF T WIL EN ''.L S E. O L F : IL R W B D '0 1. 411 SOC A H HO ST ER S H Pi ARE TI ;LI NO UR NK TODD 446 H S KWI A, WAS AN TOD 44 K 3 L 59T SO RES AD A DEXT ■ N'T 9 1 L T D IN NOR 98 816 STRI LI DESCRIPTION: THAT PORTION OF TRACT 11, INTERURBAN ADDITION TO SEATTLE; ACCORDING' THE PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING! AT A POINT ON THE EASTLINE OF SAID TRACT 11 WHICH IS 162.79 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE CONTINUING N 00 ° 08'00" W 359.88 FEET TO THE NORTHEAST CORNER OF SAID TRACT 11; THENCE S 89"52'00" W ALONG THE NORTHERLY LINE THEREOF 300.86 FEET; THENCE S.00 ° 08'00" E 359.88 FEET; THENCE N 89'52'00" E 300.86 FEET; TO THE POINT OF BEGINNING. 1 T F 1 T P 2 1 13; SE LE, W 28 ` 912 8 9 CT HT EPHONE Barbara Campaigns 7 STATE OF WASHINGTON COUNTY OF KING Affidavit of Publication ss. being first duly sworn on oath, deposes and says thatEhm... c.hl..et 0,8x* of THE RENTON RECORD - CHRONICLE, a newspaper published four (4) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a news- paper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Renton Record - Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Washington. That the annexed is a ...Not •...Qt Public...FJes ring ..' 1n. nning ...Cammiaa.ton=...alubdivisian - T.r o.t 11 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of VNQ consecutive issues, commencing on the day of Jan.:. ,19. 7 and ending the 14 day of Jan, ,19 76bothdates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $.16...7gwhich has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for e ch subsequent insertion. Subscribed and sworn to before me this day of Jan, , 19 7 — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. V.P.C. Form No. 87 Notary Public in and for the State of ashington, residing at Kent, ing County. � 4�t; ll,pJ ' OM1MISS s;PViNNIMf3.0 iON I` c1,a'PUBLIC;HEAR Oda 40 11 1 4475 ' REl Mti�l South t°: �oriehfs�`�A'� { ; P, I1RV S UBOIV(SION' s aN�r iticati t�ils pf R nd3 ?f iiliiiitishi30 riot • -.. erjegu1gya desc �betl'.`ai4:.t s . 'rwT ATPOATONOFTRA I W.FERURB• N�`1,10DITpN SEkt,1lEi / H.S P L AT:RECORO DA, UM , {i PUTS AD:j: ;1 NM( 1'N G 4P31. i;T, 1, SHiNGTbN''' DESCABE ! FO �, I' � . � OW g S h a�; ���• � 11NNINE ATEA pOINTI QN E;E'I.l STL`•!lNe:• fl'F4'SA't 0.' TR *C1' 1rf WH C %($ 162:79 ii l*tti4ito :R'T r.. a N� Q ,£T.l - 6 EOF A T`E ; a�oo°aje;i 'ixTQ,PTHEN NER OKSAIN xr NWS.0°00 w ;NORT H . 4,H I�00IF;P .,'PEE ON G 14tdd «fil S4f� 2 (a) (b) (c) (d) (e) (f) (9) (h) (i) (j) (k) (1) CITY OF TUKWILA ENVIRONMENTAL QUESTIONNAIRE BACKGROUND DATA: 1. Name of applicant: jq/A! ' %0 00 2. Address and phone of Applicant: / Vi 17Z J. 3. Project name: o 00r Pi5-ii ' e ✓/s TEA 4. Project location: /c "ZnA2.a4 6 L /ut S e 5. Nature and brief description of proposal : l'(47 a.' What other governmental permits are required project? Rezone, conditional use, substantial King County Hydrolics Permit Building permit Puget Sound Air Pollution Sewer hook up permit Sign permit Water hook up permit Storm water system permit Curb cut permit Electrical permit (State of Washington) Plumbing permit (King County) Other TCAT AWNINUDVA. ' Control Permit development, etc. 10. Agency requiring checklist: City of Tukwila, Department - 11. Accepted by agency on: (12104 by: t. (to be filled in by city upon receipt of chec list CE1VE This questionnaire must be completed by all persons app foriaOpermt from the city of Tukwila unless it is determined by the Rp.gnsible Offic that an environmental assessment or full impact statement ANFAIKVANIker forms have been developed for single - family home applications and legislation proposals. 6. Estimated completion date:_ ¢teA /4'?'' 7. Do you"have any plans for future expansion, if yes please explain: /G prior to completion of this • YES NO•v YES- . NO IP' • YE .NO v YES NOV YES ' . NO ✓' YES . NO YES. NO/ YES NO ✓ YES NO ✓ YES NO ve YES NO 9. Do you know of any plans by others which may affect the property covered by your proposal? If yes, explain: IVo ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required.) Yes Maybe No Earth. Will the proposal result in: (a) Unstable earth conditions or in •any changes in geologic sub - structures: (b) Disruptions, displacements or overcovering of the soils: (c) Change in topography or ground surface relief features? (d) The destruction, covering, or modification of any unique geologic or physical features? (e) Any increase in wind or water erosion of soils, either on or off the site? • (f) Changes in deposition or ' erosion of beach sands, or • in changes in siltation, deposition, or erosion which may modify the channel of a river or stream or the bed, of the ocean or any bay, inlet or lake? Explanation: , Air. Will the proposal result in: (a) Air emissions or deterioration of ambient air quality? (b) The creation of objectionable odors? (c) Alteration of air movement, moisture or temperature, or in any change in climate, • either locally or regionally? Explanation: • -1- V c Water. Will the proposal result in: (a) Changes in currents, or the course or direction of water movements, in either marine or fresh waters? (b) Changes in absorption rates, drainage patterns, or the amount of surface water run- off? • (c) Alterations to the course or flow of flood waters? (d) Change in the amount of surface water in any watercourse? (e) Discharge into surface waters, or in any alteration of sur- face.'water quality, including temperature or turbidity? (f) Alteration of the direction or rate of flow of ground 'waters? (g) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an acquifer by cuts or excavations? (h) Deterioration in ground water quality, either through direct injection, or through the seep- age of leachate, phosphates, detergents, waterborne virus or bacteria, or other substances into the ground waters? (i) Reduction in the amount of water otherwise available for public water supplies ?' Explanation: - Cs Maybe No C Flora. Will the proposal result in: (a) Change in the diversity of species, or numbers of any species of flora (including trees, shrubs, grass, crops, micro -flora and aquatic plants)? (b) Reduction of the numbers of any unique, rare or endangered species of flora? (c) Introduction of new species of flora into an area, or in a bar- rier to the normal replenishment of . . existing species? . Explanation: Fauna.• Will the proposal result in: (a) Changes in the diversity of species, or numbers of any species of fauna (birds, land animals including rep - tiles, fish and shellfish, benthic organisms, insects, or micro- fauna)? (b) Reduction of the numbers of any unique, rare or endangered species of fauna? (c) Introduction of new species of fauna into an area, or result in a.barrier to the migration or movement of fauna? (d) Deterioration to existing wildlife habitat? Explanation: Noise.. Will the proposal increase exist- ing noise levels? Explanation: -3- es Maybe No c Light and Glare. Will the proposal produce new light or glare? Explanation: Land Use. Will the proposal result in the alteration of the present or planned land' use of an area? Explanation: Natural Resources. Will the proposal re- sult in: (a) Increase in the rate of use of any natural resource? (b) Depletion of any nonrenewable nat- ural resource? Explanation:. Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Explanation: Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? . Explanation: Yes Maybe No Housing. Will the proposal affect existing housing availability, or create a demand for additional housing? Explanation: Transportation /Circulation. Will the pro- posal result in: (a) Generation of additional vehicular movement? (b) Effects on existing parking facilities, or demand for new parking? (c) Impact upon existing transportation systems? (d) Alterations to present patterns of circulation or movement of people and /or goods? (e) Alterations to waterborne or air traffic? Explanation: Local Services. Will the proposal have an effect upon, or result in a need for new services in any of the following areas: (a) Fire protection? (b) Police protection? (c) Schools? (d) Parks? (e) Maintenance of public facilities, including roads? (f) Other' governmental services? Explanation: s Ma be Enemy. Will the proposal result in: (a) Use of substantial amounts of fuel or energy? (b) Demand upon existing sources of energy, or require the development of new sources of energy? Explanation: c Utilities. Will the proposal result in a need for new systems, or alterations to the follow- ing utilities: (a) Power or natural gas? (b) Communications systems? (c) Water ? (d) Sewer or septic tanks? (e) Storm water drainage? (f) Solid waste and disposal? Explanation Human Health. Will the proposal result in the creation of any health hazard.or potential . health hazard (excluding mental health)? Explanation: Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Explanation: -6- Explanation: Explanation: Recreation. Will the proposal result in an impact upon the quality or quantity of ex- isting recreational opportunities? Archeological /Historical. Will the proposal result in an alteration of a significant archeological or historical site? Revenue. Will the proposal cause a signifi- cant n rease in city revenues? Explanation: Employment. Will the proposal create a significant amount of new jobs? Explanation: . -7- es nybI _ No . CERTIFICATION BY APPLICANT: • • I hereby certify that the information furnished in this environmental checklist sheet is true and accurate "to the best of my knowledge. Signature and Title Project Name: 7DC.0 1 e P i'i t . t4 rnt 4 WO Project Address: /S . 4)0414 AVE Si BELOW THIS LINE FOR CITY USE ONLY • CITY OF TUKWILA ACTION BY OTHER • DEPARTMENTS : ' =Check one 1. Date of Review: Building ii by: _ CO or ( -) Planning i 4" by: ���a ( +) or Engineering by: ( +) or ( -) Police by: ( +) or ( -) Fire by:: CO or ( -) 2. Agency review of environmental checklist determined that: ': project is exempt by definition. 77 -- The project has no significant environmental impact and application should be processed without further consideration of environmental affects. The project has significant environmental impact and a complete environ mental impact statement must be prepared prior to further action for permit. More specific information is needed to determine impact. Date gnature and. Tit e of Responsible Official 3. Applicant was notified of decision on: ' by Staff Person 1 = June 24, 1975 Date by Letter, 'phone In accordance with Washington State Environmental Policy Act and City of Tukwila Ordinance No.•759. (•h) Means recommend a full environmental impact statement be'done. (-). Means recommend a full environmental impact statement 'not 'be 'done,: 11 1 c e P ‘ls • Ippiffrrofirrillippripimplfi litittfill% 0 3 4 $ 6 7 8 Rentalammuzlim OE ,,, .e 12 . GE fl Et EL It OE 111 01 GI 91 GI 41 'CI . el II oil' . I 3 4 e24. . 4, 4 Alg ' CE IF THIS MICROFILMED DOCUMENT IS LESS LEAR THAN THIS NOTIC, IT IS DUE TO i THE QUALITY OF THE ORIGINAL DOCUMENT 411 •r • ' /.1;84.14440,1;c ' frr4,41s . 4,i; /4 • r t ? . /. ;4.• ".1 44% 4.p.41`. 2,14' • - r A r. /75 FIRE HYDRANT 5 ''ATC, �S 33 3911, g4 /5. S O TTLE, I T_ . 98118 2" BLOWOFF TUKWILA INVESTORS ._ -- 10601 S.E. 29T4 ST. SELLEVUE. WA5HIH6T0::.98004_ 6 5' 50' _ 50' ) J j 50' 50' 5 • 50 BITCH S (S • 8 4 PRIVATE 50' CTION� D'ROADW 9 IRE HYDRAN 7 7071/(E. 14446 59tH AVE. S. SEATTLE, WASHINGTON 98168 1 301' /5 50' 3 WATER LINE ROAD 50' Y CROSS SE 10 RO . B_SANTTARY SE 100' :1ITCH SECTION 100; (SEE PROPOSED ROADWAY CROSS 15 e 14 301' ,- lIrll)rirrT j . EXISTING FIRE HyLfRAN 51' 8" SANITA EWER 6" A.0 WAT S KATO, TOM 118 15419 62ND AVE. S. SEATTLE, WASHINGTON -98 PLAN SCALE I "= 50' o€` 6Z DL LE 9E GL YE - _-_.4110uGullu 1,11lg1,1 /50' 51 12" CP ION) 11 N 12 N II 15" RCP LINE • 50' . II RC ``.I /P _ 1 13 � - 11 15" RCP (M' I N. 7 SOUTHEAST CORNER OF TRACT 11 1NTERURBAU.ADDITIOS TO SEATTLE VOLUME 10 OF PLATS, PAGE 55 __KIt4& COUNTY, WASHINGTON 51' • lESIDENCE EXISTING CATCH BASI EXISTING FIRE HYDRANT 40' ? T : r[r in 1 1 3 4 5 �s \ ) KETCHAM, HENRY H. 1 1661 E. OLIVE WAY SEATTLE, WASHINGTON 98102 r RIVATIE ROAD) \ - -EXIS TING 6" WATER LINE T S./ I53RD ST. H O —z Q (2 \y 0 EXISTING 6" NAT R LINE E51DENC /00 EXISTING DITCH 17rrl.ffprifl.IrifT IT:I, .rITrij 6 7 E CL 66 16 OZ 61 81 RI 91 91 VI 'Cl El 11 OI u I �uuluu�uul uul( galuu�pul)l l���ghlU�l( IdUl�aulllo� (Idllu��tuliu�lrldguf �gI�III��1uIlU((�u • ` BLACK, ALAN F. P.O. BOX 70628 SEATTLE, WASHINGTON 98107 8" SANITARY SEWER TO BE CONSTRUCTED ALONG 62ND AVE. SOUTH AND TIED INTO MANHOLE 120 (SEE L.I.D. N0. 5 SCHEDULE A - CITY OF TUKWILA SANITARY SEWER PLAN SHEET 12 OF 26 GATED AUGUST 1963). 1 -1/2" COMPACTED DEPTH CLASS D ASPHALT 1 -1/2" MIN. COMPACRED DEPTH CRUSHED SURFACING TOP COURSE 2 -1/2" MIN. COMPACTED DEPTH CRUSHED SURFACING BASE COURSE 10' 10' 0 PROPOSED ROADWAY CROSS SECTION (PRIVATE ROAD) 0 C E C -l (eV Y f. ,r �7!t SJ T L''�ae LaN° Op IF THIS MICROFILMED DOCUMENT IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO ,THE QUALITY OF THE ORIGINAL DOCUMENT • ■ HARSTAD ASSOCIATES INC SN6NMSIS • ITNIRS PROPOSED PLAT OF TODD'S RAINIER ' VISTA DESCRIPTION: OWNER: DEVELOPER: ZONING: PROPOSED USE: SEWAGE DISPOSAL: WATER SUPPLY: SCHOOL DISTRICT: FIRE DISTRICT: TELEPHONE: POWER SOURCE: TOTAL ACREAGE: TOTAL N0. OF LOTS: ENGINEERS: THAT PORTION OF TRACT 11, INTERURBAN ADDITION TO SEATTLE; ACCORDING TO THE PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNIIIG A POINT ON THE EASTLINE OF SAID TRACT 11 WHICH IS 162.791FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE CONTINUING N 00 ° 08'00" W 359.88 FEET TO THE NORTHEAST CORNER OF SAID TRACT 11; THENCE S 89 ° 52'00" W ALONG THE NORTHERLY LINE THEREOF 300.86 FEET; THENCE S.00 "08'00" E 359.88 FEET; THENCE N 89'52'00" E 300.86 FEET; TO THE POINT OF BEGINNING. FRANK TODD 14446 59TH SOUTH TUKWILA, WASHINGTON 98168 FRANK TODD 14446 59TH SOUTH TUKWILA, WASHINGTON 98168 R -3 (6,000 SQ. FT.) TWO FAMILY DWELLINGS CITY OF TUKWILA CITY OF TUKWILA - SOUTHCENTRAL SCHOOL DISTRICT CITY OF TUKWILA PACIFIC NORTHWEST BELL TELEPHONE PUGET SOUND POWER AND LIGHT 2.5 ACRES. 15 HARSTAD ASSOCIATES, INC. 1319 DEXTER AVENUE NORTH SEATTLE, WASHINGTON 98109 285 -1912 rho 1(0.2 - Su13 1446 5'1AV0 FRANK TODD PRELIMINARY PLAT OF TODD'S RAINIER VISTA. akialiVE x•11 Y CABfW1 T T_.Dl........ S AS NO SCALE AS NOTED _,, DRAWING SY ..... _.. CHECKED IT J.R.H. ........ API 7A6 7.7 4 .4„ SHEET