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HomeMy WebLinkAbout1986-04-21 Regular MinutesApril 21, 1986 TUKWILA CITY COUNCIL 7:00 P.M. REGULAR MEETING CALL TO ORDER AND PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS REPORTS Mayo r City Council Staff Intergovernmental CONSENT AGENDA a Approval of Minutes of April 7, 1986. b Approval of Vouchers c. M I N U T E S Claims Fund Vouchers #25429 25603 Current Fund Golf Course Spec. Rev. City Street Arterial Street Fed. Rev. Sharing Water Fund Sewer Fund Water /Sewer Construction Equipment Rental Firemen's Pension 39,329.18 5,973.48 68,095.85 39,260.73 2,393.80 19,426.17 2,154.07 1,992.00 6,408.25 528.75 $185,562.28 5 City Hall Council Chambers Mayor Van Dusen called the Regular Meeting of the Tukwila City Council to order and led the audience and the City Council Members in the Pledge of Allegiance. DORIS E. PHELPS, JOE H. DUFFIE (COUNCIL PRESIDENT), EDGAR D. BAUCH, WENDY A. MORGAN, CHARLES E. SIMPSON, MARILYN G. STOKNES. Rick Beeler (Associate Planner), Brad Collins (Planning Director), Alan Doerschel (Finance Director), Jim Haney (City Attorney), Don Morrison (City Administrator), Byron Sneva (Public Works Dir.) Mayor Van Dusen proclaimed the week of April 21 to 25, 1986 as Technology Education Week and urged all citizens to become interested in supporting technological literacy in our children and youth. Mayor Van Dusen proclaimed the week of April 20 to 26, 1986 as Apple Week since the apple industry contributes significantly to the economy, health, and welfare of the Pacific Northwest. He urged all residents to continue buying, eating, and enjoying Washington apples. Mayor Van Dusen requested that the City Council consider the request of the Tukwila 2000 Committee to overspend the Urban Development Study budget by $8,000 since additional information is needed to adequately complete the work program. MOVED BY MORGAN, SECONDED BY PHELPS, THAT THIS REQUEST FOR ADDITIONAL MONIES BE CONSIDERED AS ITEM 9(A) OF THE AGENDA. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY PHELPS, THAT ALL MATTERS CONCERNING THE FIRE AND POLICE DEPARTMENTS, THE STUDY AND FIRE DISTRICT #1 BE REFERRED TO THE PERSONNEL AND FINANCE COMMITTEE. Councilmember Morgan said this item is also in the Public Safety Committee. *MOTION CARRIED. Alan Doerschel, Finance Director, submitted a financial report for the first quarter of 1986. Byron Sneva, Public Works Director, stated he will attend a meeting on Wednesday where the Metro budget will be discussed. Mayor Van Dusen presented a gift from the Sister City of Ikawa to each of the Council Members. Ordinance of the City of Tukwila amending Sec. 18.30.040 of the TMC to allow certain high technology uses in C -2 Zones with a Conditional Use permit. TUKWILA CITY COUNCIL REGULAR MEETING MINUTES April 21, 1986 Page 2 CONSENT AGENDA (Contd.) Formal Motion #05 -86 Refer to Page 5 PUBLIC HEARING d. Accept the Notice of Intent to annex and set May 27, 1986 to meet with the applicants. (Adjacent to Foster Park.)," e. Formal Motion No. 05 -86, directing administration to negotiate a contract and proceed with bargaining for an agreement for Fire Service with Fire District #1. f. Delay fee reduction at Foster Golf Course until the ETS construction is completed and have further discussion at that time. g. A resolution of the City of Tukwila adopting an Equal Employment Opportunity Policy and committing the City to fair treatment and nondiscrimination in all City policies and operations. h. A resolution of the City Council authorizing the Mayor to sign an amendment to the 1985 -86 labor agreement between the City and the Tukwila Police Officer's Association. i. A resolution of the City accepting donations from the Sunshine Grandmother's Club, the Pavilion Outlet Center and Southcenter Shopping Center. MOVED BY DUFFIE, SECONDED BY BAUCH, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. Council Member Morgan asked that Item 6(g) of the Consent Agenda be removed. MOVED BY PHELPS, SECONDED BY SIMPSON, TO AMEND THE MOTION TO INCLUDE THE SUMMARY OF THE ORDINANCE FOR ITEM 6(C). MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Agenda Amended MOVED BY BAUCH, SECONDED BY DUFFIE, TO AMEND THE AGENDA AND 8(a) Meet w /initiating CONSIDER ITEM 8(A) AT THIS TIME. MOTION CARRIED. party authorize execu- tion on the 75% petition.MOVED BY BAUCH, SECONDED BY MORGAN, TO APPROVE THE ANNEXATION REQUEST AND IT BE SUBJECT TO ACCEPTANCE OF THE INDEBTEDNESS AND ZONING AND THE 75% PETITION REQUIREMENT. MOTION CARRIED. Windmark Homes Tukwila, Mayor Van Dusen opened the Public Hearing stating it was Inc. Appeal continued from March 17, 1986 to include additional information. 7:25 p.m. 8:27 p.m. City Attorney Haney stated the City Council upheld the decision of the Board of Architectural Review. A law suit was filed and the Council remanded the matter back to the Board of Architectural Review to consider revised development plans by Windmark Homes. The BAR considered the revised development plans in January and February and found they conformed to the criteria of TMC 18.60.050, subject to certain conditions. Rick Beeler, Associate Planner, presented Exhibits 13, 14, 15, and 16. With an overhead projector he showed the revised plans. RyanThrower, 15232 Sunwood Blvd., stated he was president of Sunwood Condominiums. In June 1981 this property was rezoned from R -3 to R -4 and at that time the homeowners did not oppose the zoning. The homeowners were concerned about the rezone, however, and how it would affect the recreation facilities. The owners made some agreements that were passed. The ownership of the property for Phase III has changed. It is our understand standing that the property owners at Phase III will be given access to all recreation facilities. We thought there would be additional facilities made available to the Sunwood residents. The plans that were being considered showed a jogging trail that would go around the development. This property has access to the first two phases but they have no access to the jacuzzi. TUKWILA CITY COUNCIL REGULAR MEETING MINUTES April 21, 1986 Page 3 PUBLIC HEARING Contd. Windmark Homes, Tukwila, Mr. Thrower stated they hoped and urged the City Council to reject the proposal of Windmark Homes because it does not 7:25 p.m. 8 :27 p.m. contain adequate recreation facilities. This would mean that contd. pressure would be placed on the Sunwood residents when the Phase III started using the facilities at Sunwood. He recommended the City Council reject the proposal and only allow a development that has the same facilities as Phases I and II has, which is barely adequate for those who live there. Councilmember Bauch asked what other facilities they have other than a swimming pool? Mr. Thrower said there is a pool cabana, jacuzzi and tennis court, although the tennis court is not in use due to defects in construction. George A. Kresovich, attorney for Windmark Homes, stated they have attempted to propose a development that would meet the criteria of the City. Seventy -seven units would be the maximum, there is a 17% reduction to 66 units. The City's Board of Architectural Review agrees that this meets the criteria of the City. Councilperson Morgan asked Mr. Kresovich how they decided on the space they have allotted and the source of the changes. Mr. Kresovich said there are walk trails, a covered jacuzzi and cabana, six or seven gazebos, additional flat area suitable for active play. City staff has concurred they have met the standards for open space. Mr. Thrower stated if the City Council concurs it will be deterimental to the residents of Sunwood. They say they have underbuilt, but he could not see how they could put another building on the property. Wayne Bahr, Sunwood resident, said the road issue is of interest to the residents of Sunwood. He would like to know how the road will be controlled in the future. It is a private road owned by two different entities. Also much of the area desig- nated as recreation is 25% slope and that does not seem like recreation area. Rick Beeler, Associate Planner, said the Planning Commission heard testimony on the road issue. It is a private road and therefore a private issue. There was nothing the Board of Architectural Review could do about it. Jim Haney, City Attorney, said when the road issue came up in the Board of Architectural Review the proposal was that the City require the new developer of Phase III to maintain the road or some agreement be made. He stated his advice to the BAR was that it was not within the purview of the City to require this. The road, however, must be restored after the construction to its present state. It will have to be worked out between the owners of Phase I, II and III. Councilperson Morgan asked if the City has a liability to see that access is maintained. Mr. Haney said at the time of Phases I and II it was determined access was appropriate for Phase III. The City does not require the maintenance of the road, except for fire access. Mr. Thrower, Sunwood Homeowners Association, said the original site plan required the dedication and the road maintenance by Sunwood Association. There will be 1475 vehicle trips per day on the road it will be the busiest street in the City. THERE BEING NO FURTHER COMMENTS FROM THE PUBLIC, MAYOR VAN DUSEN CLOSED THE PUBLIC HEARING AT 8:27 P.M. TUKWILA CITY COUNCIL REGULAR MEETING MINUTES April 21, 1986 Page 4 PUBLIC HEARING Contd. Windmark Homes, Tukwila, Inc. Appeal 7:25 p.m. 8 :27 p.m. contd. RECESS 8:55 -9:10 P.M. OLD BUSINESS f c z Review recommended conditions for boundary line adj. between Renton /Tukwila provide informal guidance for further negotiations. Jim Haney, City Attorney, said the City Council has three options: accept the recommendations of BAR and adopt its findings and conclusions; make own conclusions; remand it to the Board of Architectural Review for more recommendation. MOVED BY PHELPS, SECONDED BY SIMPSON, THAT THE WINDMARK PROJECT BE APPROVED BASED ON THE FINDINGS AND CONCLUSIONS AND THE RECOMMENDATIONS OF THE BOARD OF ARCHITECTURAL REVIEW. Councilmember Bauch said the Sunwood residents are our neighbors. They went into the project thinking Phases I, II, and III would be developed by the same contractor. Suddenly that contractor takes out his money and runs. He thought it should be sent back. Councilmember Morgan said she was dismayed by lapses in the law. Developers have good access to City staff. It is the intent of the City Council to build quality of life in this City. This is minimal conformance. Jim Haney, City Attorney, said the City Council must make a decision on this within 90 days of the filing of an appeal. The City Council is limited by the City Code. The Council must determine whether or not the project meets the requirements of of code. Councilmember Morgan said the Code leaves a latitude of interpre- tation. She asked that City Attorney Haney read the definition of recreation space from the TMC. Mr. Haney read the definition from the T.M.C. Councilmember Simpson said there would have to be agreements worked out between the two property owners of the project. ROLL CALL VOTE: PHELPS, SIMPSON, STOKNES VOTING YES; BAUCH, DUFFIE, MORGAN VOTING NO. TIE VOTE. MAYOR VAN DUSEN VOTED NO, BREAKING THE TIE VOTE. *MOTION FAILED, FOUR TO THREE. Mayor Van Dusen said the City Council needs to postpone a decision and discuss the matter. They should see if they can come up with a recommendation that would meet some of the problems the citizens have. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT THE WINDMARK HOMES, INC. PROJECT BE ON THE AGENDA OF THE MAY 12, 1986 COMMITTEE OF THE WHOLE MEETING. City Attorney Haney said Councilmember Harris, absent from this meeting, will be able to vote if she listensto the tapes and reads the agenda material. Councilmember Phelps asked that City Attorney Haney review the covenants and summarize them for the Councilmembers. *MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY PHELPS, THAT THE CITY COUNCIL REGULAR MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Van Dusen called the Regular Meeting back to order, with Council Members present as previously listed. MOVED BY BAUCH, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Haney read a resolution of the City of Tukwila, Washington, establishing intent to annex certain areas from the City of Renton, Washington, and requesting the City of Renton to annex certain areas currently within the corporate limits of the City of Tukwila by title onlya TUKWILA CITY COUNCIL REGULAR MEETING MINUTES April 21, 1986 Page 5 OLD BUSINESS Contd. Review recommended MOVED BY PHELPS, SECONDED BY DUFFIE, THAT THE PROPOSED conditions for boundary RESOLUTION BE ADOPTED AS READ. MOTION CARRIED. line adj. between Renton /Tukwila provide informal guidance for further negotiations contd. Item 6(g) from Consent Agenda Prop. Res. adopting Equal Employment Oppor- tunity Policy Commit- ting the City to fair treatment nondiscrim- ination in all City policies operations. Tukwila 2000 Committee request for addl. funds. EXECUTIVE SESSION 9:25 9:49 P.M. ADJOURNMENT 10:00 P.M. r'' air MOVED BY MORGAN, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE ON THE AGENDA OF THE NEXT COMMITTEE OF THE WHOLE MEETING FOR FURTHER DISCUSSION. MOTION CARRIED. Councilmember Morgan said she would bring forth a statement that the City wants diversity in the selection of citizens on the boards and commissions. MOVED BY PHELPS, SECONDED BY DUFFIE, TO APPROVE THE REQUEST FR0d ADMINISTRATION FOR THE ADDITIONAL $8,000 TO PERFORM STUDIES ON THE URBAN DEVELOPMENT PROPOSAL WITH THE UNDERSTANDING THAT THE FUNDS WILL BE SPENT OUT OF ITS OWN LINE ITEM AND THAT THE CONSULTANT BE INFORMED OF THE CONCERN BY THE COUNCIL THAT THE STUDY SHOULD NOT DUPLICATE WHAT IS ALREADY PERFORMED BY PRIVATE SECTOR MARKET STUDIES. NOTION CARRIED. MOVED BY SIMPSON, SECONDED BY DUFFIE, THAT THE COUNCIL GO INTO EXECUTIVE SESSION TO DISCUSS LABOR RELATIONS UPDATE. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY MORGAN, THAT THE COUNCIL GO OUT OF EXECUTIVE SESSION. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY PHELPS, THAT THE CITY COUNCIL REGULAR MEETING ADORCJ_.---- MQTION CARRIED. May Gar'y L. "Van Dusen ,Ir�1 r' l rJ"yi �AJ A�?- "le N6r-ma Booher, Recording Secretary 52//