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HomeMy WebLinkAbout1994-08-08 Committee of the Whole Minutes7:00 P.M. CALL TO ORDER COUNCILMEMBERS PRESENT OFFICIALS CITIZEN'S COMMENTS SPECIAL ISSUES Ordinance adopting amendments to Planned Residential Developments (PRDs) TUKWILA CITY COUNCIL AUGUST 8, 1994 Tukwila City Hall COMMITTEE OF THE WHOLE MEETING MINUTES Council Chambers 1 Council President Mullet called the Committee of The Whole Meeting of the Tukwila City Council to order. STEVE MULLET, Council President; JOE DUFFIE, JOAN HERNANDEZ, DENNIS ROBERTSON, ALLAN EKBERG, JOYCE CRAFT, DOROTHY DE RODAS. JOHN MCFARLAND, City Administration; LINDA COHEN, City Attorney; LUCY LAUTERBACH, Council Analyst; ROSS EARNST, Public Works Director; RON CAMERON, City Engineer; RICK BEELER, ANN SIEGENTHALER/VERN UMETSU/DENNI SHEFRIN, DCD; Roger Baker, 11662 42nd Avenue South, commented that the citizens who live in the Duwamish area find the Burlington Northern Diesel engines noise, and other equipment noises made at 2:00 a.m. each morning unbearable. He asked the Council to please check into this matter as soon as possible. McFarland responded that he will check with the Community Relations Representative at Burlington to see if a possible solution can be identified. Denni Shefrin, Associate Planner, DCD, responding to a request by the Council to revisit some of the questions raised regarding the Planned District Development draft ordinance at last week's meeting, briefed the Council on past Council discussions leading to the proposed ordinance amendments. The seven proposed amendments were identified as: 1) Attached vs. Detached Unites in Single Family Zones; 2) Minimum Property Size (for PRDs); 3) Density and Minimum Lot Size; 4)Density Transfer Formula; 5) Density Transferred to Developable Parts of the Site; 6) Board of Architectural Review; and, 7) Off -Site Perspectives. In tonight's version of the PRD, the Council reviewed the draft document and a lengthy discussions ensued and amendments were made to Sections: 18.46.020 permitted districts: 18.46.060(a)(1)- -Lot Size and Setbacks: 18.46.070 Densitv Standards: 18.46.110(a)(1)--Application procedure required for PRD ap_proval; 18.46.112(2)-- Review Criteria. Steve Lawrence, former Councilmember, was present and offered suggested changes to Section 19.46.090 (Relationship to adiacent areas) on a handout that was distributed to Councilmembers and others. Committee of The Whole Meeting Minutes August 8, 1994 Page 2 Ordinance amending TMC Pertaining to PRDs (Cont'd). Unsewered Areas Sewer Policy Steve Lawrence, former Councilmember, 4461 South South 144th, distributed a handout with changes to various sections of the draft ordinance and the Section on integration and compatibility of the site to the surrounding areas in particular.. He stated that if the Council cannot act upon public testimony, who do they respond to. Who are the experts on compatibility except for the people who live in the community. If you cannot consider their input and make a change, what's the point of their input. He said what he proposed was just something to make the PRD ordinance a little bit clearer. Council agreed to have staff review Steve Lawrence's comments for future dealings with this ordinance as well other areas of significance. With regards to some of the amendments made tonight, Robertson asked the City Attorney's opinion as to the legal ramifications involved in making inhouse revisions which do not change the intent of the ordinance. Cohen responded that it looks good. However, without having an opportunity to compare the changes to what's already in existence, she would hesitate to give an in -depth answer The City Attorney, DCD Staff, Duffie and Craft suggested that tonight's amendments be integrated into a full ordinance so that a completed document is available for review. Trying to work on a document that is in bits and pieces is quite cumbersome. Duffie suggested another meeting be held to discuss only the ordinance in its full form including all the amendments. Craft commented that the pressure to pass the ordinance now when there's no clear communication between Council and staff bothers her. Other Councilmembers made concurring remarks that it's the Council's obligation to "set the records straight" if the intent of the law is not working the way it was intended to work. Correct the flaw now so there's something in place to govern potential applicants then come back at a later date for refinement. After a thorough review and several amendments made, it was the consensus of the Council to forward the draft PRD ordinance amending TMC Chapter 18.46 to tonight's Special Meeting for adoption with Duffie and Craft opposing. Robertson explained that this issue had been discussed by the Utilities Committee and the Administration/Public Works Department in an effort to establish a new set of sewer policies. A plan to provide sewers for nine sewers, two being in the commercial areas which will be dealt with at a later date. The plan deals only with the seven residential areas which have existing Committee of The Whole Meeting Minutes August 8, 1994 Page 3 Unsewered Areas Sewer Policy development. Sewer construction costs were estimated based on a per foot of (Cont'd) length for the various streets. The planning level estimates include three sewer construction cost components: 1) Construction of the public sewer line infrastructure, 2) Metro connection charges and permits, and 3) costs to construct pipe from the public infrastructure. The first element of the plan is to prepare engineering plans of the public infrastructure with sewer line profiles, sizing, and elevations for the seven residential areas. Citizen's Comment EZeview of interim tree )rdinance Lanny Vickers, 12227 45th Avenue South, commented that for the last several weeks has spent considerable time checking through the Allentown area.(north of South 122nd). The main topics addressed were septic tanks and sewers. He found six people whose septic system had failed. The King County Health Department does not seem to show any leniency to them. It could cost between $6,000 $8,300 for replacement and of anything that has malfunctioned in those areas. Vickers said he would hope someone here in the City could talk to King County Health Department and see if there is some way to compensate or to show a little leniency toward those who will be impacted Councilmember Robertson commented that the Utility Committee could look at the issue of frontage and schedule, then discuss with the Public Works Department to see if there is a way to speed up the process. He agrees with the unfairness of someone having to pay the high cost for a mound system and then a couple years later have the sewer come through that they could have waited to hook up to. After a lengthy discussion, the Council agreed to move ahead with the Unsewered Areas Sewer Policy Plan as approved by the Utilities Committee. Rick Beeler, DCD Director, briefed the Council that the draft interim tree ordinance was not set forth to do a thorough examination of the standing tree ordinance, but simply to plug some of the holes in it that have been found over a period of time. He said when the Interim Tree Ordinance #1659 was adopted January 18, 1993, an expiration date was not set per RCW 35A.63.220. The RCW requires interim regulations exist for no longer than either six months. Ordinance #1659 specifies no specific time period for expiration, thereby conflicting with the RCW. The draft tonight contains a six month expiration date. This ordinance is on the August 8 Committee of the Whole agenda for discussion and is tentatively scheduled for a public hearing and adoption on August 22. Beeler continued that because this ordinance adopts interim regulations, no hearing by the Planning Commission is required. However, the permanent regulations will require the Commission's action. Ann Siegenthaler, DCD, explained that before a final ordinance is prepared, Council should review possible revisions to the 1993 ordinance. Over the past year staff has identified areas that might benefit from some revisions and Committee of The Whole Meeting Minutes August 8, 1994 Page 4 Review of interim tree ordinance (Cont'd) Ordinance adopting building height, setback, and area regulation REPORTS 11:00 D.M. is requesting Council comments. Most of the Council's concerns were expressed in the area of those who violate the ordinance by cutting down certain rare and valuable trees. Siegenthaler responded that if a property owner takes action that violates this ordinance, the director can require them to take remedial measures which include replanting all the trees according to the new chart included in the draft ordinance. Additionally, the normal permit process would have to be adhered to. There is really no panacea for preventing someone from going out and simply clearing their site in violation of any of the City's ordinances, the Shoreline regulations, the Sensitive Areas Ordinance, SEPA regulations or the current Tree Ordinance. However, she said it would be in the best interest of all concerned to try to work with people so that they won't feel it necessary to try to circumvent the intent of this ordinance. A lengthy discussion ensued with the Council agreeing to forward this issue with amendments to a public hearing on August 22, 1994. Beeler explained that the height, setback and area regulations for commercial and industrial zones were inadvertently deleted in the adoption of the Multi Family Design Standards. It is imperative that they be re- established. Beeler stated that after researching data surrounding the passage of the ordinance, it was found it was not the Council's intent to eliminate maximum height and setback requirements for all zones other than residential. The Council reviewed and discussed the ordinance adopting building height, setback and area regulations then agreed to forward the ordinance with amendments to tonight's Special Meeting for adoption. City Administrator McFarland reminded the Council he had placed Budget Schedules in their mailboxes and asked if there were questions to please contact the Mayor's office or Alan Doerschel, Finance Director. McFarland also announced that Southcenter has offered space for our Police Officers and Fire Fighters to have an office when they are in the Mall. The City would only have to pay the utilities cost. Robertson encouraged the administration to bring this issue before the full Council for discussion before a decision is made on acceptance. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO EXTEND THE MEETING NOT TO EXCEED THIRTY (30) MINUTES. MOTION CARRIED. Committee of The Whole Meeting Minutes August 8, 1994 Page 5 Reports (Cont'dl Robertson requested a status report on lawsuits pending against the City; a list of all the cellular phones and the employees they are assigned to. Additionally, he would like to review, if they exist, the administrative policies for determining the usage and who gets cell phones. Robertson also requested that the full Council be brought up to date on the CBD Sidewalk and Tree Plan at a COW as soon as possible. Councilmember Craft requested reviewing the Moratorium Ordinance on Motels and certain types of establishments on Hwy 99. ADJOURNMENT MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO ADJOURN TO 11:20 P.M. THE SPECIAL MEETING. MOTION CARRIED. vVl v ,QQ,— Steve Mullet, Mayor Pro Tem j Celia Square, Deputi City Clerk