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HomeMy WebLinkAbout1978-07-10 Committee of the Whole MinutesJuly 10, 1978 TUKWILA CITY COUNCIL 7:00 P.M. COMMITTEE OF THE WHOLE MEETING ROLL CALL OF BOHRER, HILL, JOHANSON, VAN DUSEN. COUNCIL MEMBERS APPROVAL OF MINUTES DISCUSSION LID #27 Final Assessment Roll M I N U T E S City Hall 1 Council Chambers CALL TO ORDER Council President Van Dusen called the Tukwila City Council Committee of the Whole Meeting to order. MOVED BY HILL, SECONDED BY BOHRER, THAT COUNCILMAN HARRIS, SAUL, AND TRAYNOR BE EXCUSED FROM THE COMMITTEE OF THE WHOLE MEETING. CARRIED. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE MINUTES OF THE LICENSE HEARING HELD MAY 18, 1978 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE MINUTES OF THE COMMITTEE OF THE WHOLE MEETING HELD JUNE 26, 1978 BE APPROVED AS PUBLISHED. CARRIED. Terry Monaghan, Director of Public Works, said the issue at hand was to change the terms of the bond from 10 years to 20 years. Ron Swanson, Finance Director, said Mr. John Urbina, Foster and Marshall, had prepared a letter stating traditionally LID's of the size currently being considered by the City are financed with a 12 year term bond with assessments collected over a period of 10 years. He said there are other alternatives open to the City. The City may elect to issue a 15 or 20 year bond. He stated his opinion was that it would be best for the City to issue the 10 year bond. Mr. Urbina said it was up to the Council. Mayor Bauch said the question of the legality of change had been put to Mr. Woo, Deputy City Attorney, and he has issued an opinion that it can be changed. The saleability of the bonds has not affected anyone, except the banks. He said we do not have a written contract. Councilman Bohrer said one of the concerns of the City throughout the development of this LID has been to keep the costs to the participants down. We tried to expedite the construction of the improve ments to do that. He said there was a request at the last meeting that an extension in the period of the bonds would be desirable. He said he was curious to know if that is a single expression or if others share that feeling. Charles Baker, Tukwila Industrial Council, said the only request for an extension came from Mr. Thomas Bernard of Cabot, Cabot and Forbes. He said he had not heard any other requests, he had not talked to anyone about it, but usually if anyone has a request change they call him. Councilman Bohrer said it was the feeling of Councilman Traynor and himself that the City was participating in a LID that was precedent setting. There was considerable debate on this at a previous meeting. He voted to participate and he said he found at the present time he was leaning the opposite way, that the City should not participate. He was it was constructed for the benefit of the business community and the cost increases which were a major concern and inspired the request that we participate were due to: Escal ation in construction costs at that time; assumptions that were made in the original or preliminary engineering to keep the costs low, which were later found to be unacceptable to the State of Washington; whether the placement of the pump station should be above ground or below ground. We determined we had adequate room to put it below ground without further property acquisition, but not adequate room to build one above ground. The Council's decision was to press onward with the construction of the LID with the feeling that the cost of building a station above ground would be reduced from putting it below ground but in the interim the ongoing progress of inflation would probably eat up any of the potential savings from above ground construc- tion. He said he felt those were legitimate reasons for the actions of the Council. He said he would prefer to see the roll redrawn so the City does not participate. Terry Monaghan, Public Works Director, said he had not discussed this with the City Attorney but he would suspect the City would have to readvertise and it could go on for another six months. Councilman Hill said the City has participated in LID's before. He said he had seen the City put in sewers, etc., so building can be done. Councilman Bohrer said it was his concern as to whether or not the City would stand to recover the funds they put into it. He said he was not convinced that the property included is property that will be developed and recovered. Terry Monaghan, Public Works Director, said in the report that was given three options were given and the once chosen was the one that said we would participate TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING July 10, 1978 Page 2 DISCUSSION Contd. LID #27 Final Assessment Roll contd. Park Place Rezone Review of findings of fact and conclusions re change of zoning (_7 to the extent of those properties that would most probably be rezoned for commercial and industrial development. He said there was an exclusion of some property which would likely not be rezoned as it might be unbuildable. Mayor Bauch said Section 3A of the ordinance provides that all property R -1 and R -A at the time of rezone would pick up the average assessment per acre. Council President Van Dusen said this item would be on the agenda of the Regular Council Meeting to be held July 17, 1978. Kjell Stoknes, Director of Public Works, said he was in attendance to discuss the findings of fact and conclusions regarding the change of zoning classification. Mr. Richard Wilson, 403 Columbia Street, Seattle, architect, said he was in attendance on behalf of the rezone applicant, Dick Gilroy, to present some changes and facts the Council may not have with an eye toward asking the City Council to reconsider their previous vote of denial. He said they had worked with engineers and architects to solve some of the things that were brought up by the Council. He said they felt they had solved most of the problems. He said there were three areas of concern. The first one is the design of the access of I -5 into 62nd; the second is the assurance of maintaining maximum tree coverage and assuring there is adequate buffer along the northern boundary; the third is the alleviation of any height problems. He said most of the multi family developers in the past have been apart- ment developers and there is considerable difference between the development philosophy between apartments and condominiums. Apartments try to cut costs, sites are stripped, a low grade of lumber is used. In condominium developments you are building homes for people who buy quality. You are using all of your efforts. You are making it as nearly like a home as possible. Our competition is people who are buying single family homes. Dave Halinen, engineer, Triad Associates, 1950 112th Avenue NE, Bellevue said he would like to address one of the main concerns at the last meeting which was the entrance to the project on 62nd, an intersection situation. It was a concern due to the alignment of the roadway with 153rd which would create a situation whereby you would have a substan- tial amount of traffic heading down 153rd rather than making a turn onto 62nd to Southcenter Boulevard. Because of this they spent a lot of time looking at the intersection trying to find a way they could route the traffic from the development coming down the hill onto 62nd. As can be seen (using a wall map) they extended the proposed planting island in form of a radius onto 62nd which would essentially force a driver to make a "U" turn if he was going up onto 153rd. To further promote his turning onto 62nd, a "right turn only" sign would have to be installed on the south portion of the lane so it would be illegal to make that left hand turn. On the 153rd side, traffic heading west they proposed a stop sign to bring to the driver's attention the main roadway is continued to the south rather than up the hill. That should deter most traffic from going into the development. There has been an additional 20 feet of right of way to the north of the Blake property which has been deeded to the City. Because of this the Public Works Department has asked that they shift the roadway alinement to the south to match that road right of way on 153rd. We have done this. We have discussed this proposal with Mir. Emke, the property owner to the south, who has agreed to let us use that area for the exiting lane from the development. In return for this they will provide him with an emergency vehicle, access to the exit lane so he can complete the emergency vehicle through his development. He said he also wanted to mention that there was some confusion about the grades they were looking at, going from the intersection at 62nd and 153rd up into the development. The conclusions stated that the grade would be acceptable. The grade is about 10% as was designed in the EIS. As we are now shifting the road down the hill we will be getting further away from this rock outcropping. He said they would be taking out a portion of the rock outcropping. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING July 10, 1978 Page 3 DISCUSSION Contd. Park Place Rezone contd. Councilman Hill said he, Councilman Bohrer, and Terry Monaghan were up there looking at the situation and as 153rd comes down there, it goes up rather a steep grade and then down a steep grade. Did you intend to take any off the top of that? Mr. Halinen said they did, they were thinking in terms of three feet. Councilman Hill said 12 feet could be taken off and it would make a much better street. It is solid rock. Leonard Milbrandt, 16301 NE 8th, Bellevue, said that would probably be determined if the City intended 62nd to go through. It probably would be to everyone's advantage to take that intersection down. The Public Works probably has a design for 62nd, as they said within a year it would be improved. He said that would be something that all in the area who are developing could work out. Especially since the roadway is being moved further south it does facilitate a better gradient up into the project. If they were to take that intersection down somewhat it wouldn't affect their grade up into the project that much. Councilman Bohrer said after looking at the intersection and reviewing the map it seems it is something of a challenge to put that intersection in there. His estimate of the roadway currently from that intersection immediately to the west is probably now 15% or so. I would expect it is something over 10 The proposal shows a stop sign at that location which brings you up a fairly steep incline and still asks you to make a turn. Having driven up there now, if you are driving a larger car with a long hood or if you are small and sit down in the car you would be unable to see the road at all. It is sort of a challenging problem. I don't know if an engineering solution exits. I think there is a reasonable solution as you have suggested in channeling the flow of traffic. Richard Wilson said he felt a complete review of the complete design would be the responsibility of the Public Works Department and that they would not permit approval of the roadway design unless they felt they met the safety requirements. He said he thought they had demonstrated it was possible to route the traffic flow which he thought was the main concern of the Council. We could grade our driveways such that if the City did take down that inter- section to facilitate development, if they are going to develop they are going to have to solve the problem. They are not going to put in a new street and have that visibility problem. They will grade the road such that it will be a safe intersection. He said they could provide grading on their driveway access such that they could drop their grade, they could come down a certain grade and then level out at the bottom so if the intersection came down in the future they could revise their driveways such that it would be suitable grading. Mr. Halinen said they had met with Public Works and they have not really looked at that corner as far as the design aspect goes. He said he thought the architect's thoughts were good. In other words, if at a future date that knob is going to have to be taken down, their projected driveways will fit right into it. Councilman Bohrer asked Mr. Monaghan if at the point of the discussion he felt there is an engineering solution to the design for that corner or does he have within the framework of the concepts presented a solution or is there some further major surgery required to solve the problem. Terry Monaghan, Director of Public Works, said there is a solution to take the grade up 153rd and 62nd to flatten the top of the hill. That could be done. The rock will make it expensive to the extent it is going to be cut. The tailoring of the driveways on private property to a new shortened vertical curve is another problem with the gutter. They are going to cut some of that rock out and we are going to do the same. I suppose there is going to have to be some consideration for that to meet the existing road grade. It will have to be cut back far enough to have sight. As far as the grading there is a general feeling it should be dropped. The question of how much it should be dropped is a question of how much economics against safety. There is a solution. If they are willing to take the risk of designing their driveways to meet the grade that is ultimately designed, he said he would say yes. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING July 10, 1978 Page 4 DISCUSSION Contd. Park Place Rezone contd. 2 1 Councilman Johanson said he keeps hearing the phrase "when the City fixes that road" and "makes that road" and "ultimate design of the street after..." Isn't this street going to be prepared for the flow of traffic before this project becomes a reality. Mr. Monaghan said it is the City's responsibility to develop that street. It may come under an LID in which the City would take the dominant role. As to when, we have a six year program in the future. We have that in the program to do next year. We hope to do it under an LID. Council President Van Dusen said the developer's design would have to meet the design of the City for those two streets. Mr. Monaghan said the City has an agreement with the Blake property and Mr. Emke is putting together his package and LID participation has been discussed with him or a developer's agreement. It has also been discussed with Bruce Morgan who is developing the office on the corner. We will be going after an LID vote. Because of almost a total length of the street from Mr. Roland's house on 153rd heading west and then heading south down 62nd is presently planned to be developed by people who are going to put in developments. It is conceivable that the other approach might be the more kindly approach to develop the whole street, hire one engineer, have it designed. The City would be the ruling and approving body to develop to City standards. The advantage to that would be it might lessen the cost to everybody. In all of the rezones that have been approved and rezones that are presently being prepared the improvement of the street is being included as a prerequisite of the rezone so it will be developed as it should be developed. Dick Gilroy, 1115 108th Avenue NE, Bellevue, said regarding the land- scaping everyone is concerned about, some of the solutions that have been used and which they are going to work out with the City would be an agreement that as they submit for each building permit they go out and stake the buildings on the site prior to the permit and review the site with someone from the staff. Sometimes this requires them to move a building a few feet one way or another because of existing trees. In addition, they would bond to replace all of the conifers they take down in excess of four feet. They will replace them in the landscaping with 10 to 14 foot firs. This is a good start. Another thing they emphasize is the planting of additional conifers in the perimter area or in the area that is of great concern for buffering purposes. They would increase the planting of conifer trees in addition to the existing ones and some of the deciduous ones, so there would be year -round greenery. Another point is to designate "no cut" areas where they could not go in and remove any trees. These would be designated on the face of the plat. This would be left in the natural state. Council President Van Dusen asked Mr. Gilroy if they were willing to put some kind of guarantee on that. Mr. Gilroy said they were willing to make it part of the covenant and as a part of the requirement of the building permit, to work along with the staff for review at that time. Councilman Bohrer asked how the City implements the mechanism Mr. Gilroy was speaking about where in the process of placing the building on the site and asking for a building permit to go through this process of reviewing the trees and marking it, how is it formalized? Is that a developer's agreement that goes with the rezone? What is the mechanism? Mr. Gilroy said that it is something the City would place on the rezone making it subject to staff review that prior to the final building permit being issued it conform. He said they were doing a project now in Lake Forest and that is how it is being handled. Mr. Stoknes, OCD Director, said this is a common practice. Mr. Halinen, Traid Associates, 1950 112th Avenue NE, Bellevue, said the structures have been revised as to height so they are compatible with the vicinity. He said they would limit the heights of buildings to three stories, in the area where they had discussed they would make the transfer from four stories and would step the buildings. He said they would eliminate the end two units which are required in order to step buildings. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING July 10, 1978 Page 5 DISCUSSION Contd. Park Place Rezone contd. RECESS 8:55 9:00 P.M. Park Place Rezone contd. Increase in Budget for Civil Service Comm. Proposed Motion delaring intent to remove metal bldg. in City Park 21� Richard Wilson, 403 Columbia Street, Seattle, said on the basis of revisions that have been made he would ask that the Council reconsider the application for rezone. He said he would like to add that having reviewed the findings of fact and conclusions submitted by the City Attorney, it was his opinion that if this does ever come to litigation the City is going to have a tough time of it. From what the EIS shows and the other facts this is an excellent development. Councilman Hill said at the last meeting when the Council was discussing this, it was mentioned there are covenants to go with this, it is to be owner occupied. How would this be enforced? He said he had friends living in condominiums in Bellevue. I talked to them and they said when they bought the condominiums the project was 8 years old. They had to be approved by the Board of Directors before they could buy. They said the Board of Directors had to approve the buyer if you sold your condominium. If they did not approve the buyer then the associa- tion had the option to purchase. In talking to all of them, it worked the same. They have been doing it for 8 years. He said he felt a project like this of a strictly quality type condominium you would have the same type of people you would have living in a single family residence, except there would be two of them living within six inches instead of 10 feet of yard. Dick Gilroy said they were building condominiums to sell and the better the project or development the better their sales would be. In the earnest money agreement they have the provisions of sale. Mr. Don Sipe, audience, said he owned property north of the project and he had attended Planning Commission meetings on the rezone. He said they had owned the property for 28 years and have been concerned with what was going to happen. He said he wished to speak in behalf of the proposed development. He said they had no objections to it. MOVED BY BOHRER, SECONDED BY HILL, THAT THE SUBJECT OF THE PARK PLACE REZONE BE ON THE AGENDA OF THE JULY 17, 1977 REGULAR COUNCIL MEETING IF ALL SEVEN MEMBERS OF THE CITY COUNCIL ARE PRESENT. CARRIED. MOVED BY HILL, SECONDED BY BOHRER, THAT THE COMMITTEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. CARRIED. The Committee of the Whole Meeting was called back to order by Council President Van Dusen with Council Members present as previously listed. Mayor Bauch said the Findings of Fact and Conclusions had been prepared by the City Attorney to be approved by the Council if they do not reconsider the rezone request. Councilman Bohrer said there are still things about the project that causes him concern. Councilman Bohrer said he felt the Findings of Fact and Conclusions should be tabled until the Council has reconsidered the rezone request. MOVED BY BOHRER, SECONDED BY HILL, THAT THE FINDINGS OF FACT AND CONCLUSIONS REGARDING CHANGE OF ZONING CLASSIFICATION BE TABLED UNTIL THE COUNCIL RECONSIDERS THE PARK PLACE REZONE. CARRIED. Steven Phelps, Chairman of Civil Service Commission, said he would like to request additional money for the Civil Service Commission. They would like to have the sum of $2,500 added to the budget. He said they had delineated it into line items. MOVED BY HILL, SECONDED BY JOHANSON, THAT AN ORDINANCE BE PREPARED TO TRANSFER FUNDS IN THE AMOUNT OF $2,500 FROM APPROPRIATE FUNDS TO THE CIVIL SERVICE COMMISSION. CARRIED. Terry Monaghan, Director of Public Works, said he concurred with the recommended removal of the building in the spring of 1979. It is presently, being used for the storage of supplies and consumables; used as storage for tools and equipment; and is a work area for building and repair projects. Council President Van Dusen said the intent is to move the building. Mayor Bauch said it is the intent to put in stairs, partitions, etc., and use it for fire training. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING July 10, 1978 Page 6 DISCUSSION Contd. Intent to remove metal bldg. in City Park contd. Van Woerden Short Plat Ord. accepting dedica- tion of certain lands along Green R. for park related purpose TMC 8.04.520, Council President Van Dusen said this matter was put on the agenda Alcohol consumption because of the golf course request for a liquor license. Since the in public place golf course is owned by the City he thought it should be considered due unlawful to the phrase in the TMC that says "or leased by the City." Mayor Bauch said he recommended the repeal of Ordinance 1021 and the removal of Section 1 of Ordinance 945 and possibly a change in the fine. Chief Sheets said he had no knowledge of any arrests being made in the parks. He said there is nothing wrong with Ordinance 945 that a few words could not correct. He said there can be drinking in the parks with some restrictions on it. He said a package should be defined, a bottle should be smaller than a quart, and the hours be defined, such as after 11 p.m. The Park Commission has chosen that hour to close the tennis courts. Councilman Bohrer said Ordinance 1021 was passed to prohibit drinking in the park because of the concern when Fort Dent was opened. He said he recommended drinking and sales be limited to 11 a.m. to 9 p.m. He also suggested that for special events a group could come to the Council and ask for a special permit. Prop. Ordinance Noise Control Motion on Area Wide Water Quality Plan STANDING COMMITTEE REPORTS MOVED BY HILL, SECONDED BY BOHRER, THAT THE COUNCIL ADOPT THE MOTION DECLARING THEIR INTENT TO REMOVE THE METAL BUILDING IN THE TUKWILA CITY PARK. CARRIED. Kjell Stoknes, Director of Office of Community Development, said the proposed land dedication on the Van Woerden property contains a 20 foot river trail dedication and a portion of property on the north end for park purposes. I,t implements the adopted Park Plan for the City of Tukwila and appears to be consistent with the City's goals. It would be a continuation of the Christensen Trail. MOVED BY BOHRER, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE HAVE A PARAGRAPH INSERTED BETWEEN THE SECOND AND THIRD PARAGRAPHS THAT STATES "WHEREAS, THIS DEDICATION WAS NOT REQUIRED BY THE CITY OF TUKWILA BUT DEDICATED FREELY BY THE OWNERS, AND:" AND BE ON THE AGENDA OF THE JULY 17, 1978 REGULAR COUNCIL MEETING. CARRIED. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THIS ITEM BE REFERRED TO THE PUBLIC SAFETY AND HEALTH COMMITTEE FOR CONSIDERATION AND ACTION. CARRIED. Councilman Bohrer said the proposed ordinance relating to noise control was on the agenda for City Council information. He said he would like to have it set for a Public Hearing. A draft of the proposed ordinance has been prepared for staff comments. The ordinance will have to be approved by the State Department of Ecology. Dave Saunders wants to be informed of the date of the Public Hearing and he will be invited to attend. Council President Van Dusen suggested the information regarding the Public Hearing be put in the next issue of the Hazelnut. Councilman Bohrer said the Public Hearing could be held the first part of September. Council President Van Dusen said it could be discussed at the next Committee of the Whole meeting and a date for the Public Hearing could be set at that time. Mayor Bauch said the Staff had prepared a Formal Statement for an Areawide Water Quality Plan subject to the comments and qualifications contained within the statement. He said the City is committed for a 120 day program. Councilman Bohrer said there seems to be something missing in the last sentence of Item 5. Mr. Stoknes said the word "freely" should be "maintain." MOVED BY HILL, SECONDED BY JOHANSON, THAT THE MOTION ON AREA WIDE WATER QUALITY PLAN BE ON THE AGENDA OF THE JULY 17, 1978 REGULAR COUNCIL MEETING. CARRIED. Public Health Councilman Bohrer said Wednesday, July 12, 1978, from 7 to 10 p.m. Safety Committee there will be a meeting of the Joint Committee to Control Airport Noise. He said he would not be able to attend but would send a statement. He said if anyone on the Council could attend, he recommended they do so. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING July 10, 1978 Page 7 CALENDAR REVIEW Council Policy Seminar Special Meeting re Southgate Elem. McMicken Heights Improvement Club Christensen Trail ADJOURNMENT 10:40 P.M. 2 /C Mayor Bauch stated there would be a Council Policy Seminar on July 28, 1978 at the Doubletree Inn at 4:00 p.m. Dinner will be at 6:30 p.m. Mayor Bauch said there would be a special community meeting involving patrons, the School Board, and the Tukwila City Council in the Board Room on Thursday, July 13, at 7:30 p.m. The purpose of the meeting will be to work toward a sale price for Southgate Elementary School. Mayor Bauch announced the McMicken Heights Improvement Club has invited the Council to attend a public presentation on the results of a study they sponsored this spring. The study concerned the pros and cons of three local government options to the community. They are incorpor- ation into own city; annexation into Tukwila; remain as is in King County. The meeting is scheduled for 7:30 p.m. on Wednesday, July 12, at the McMicken Heights Clubhouse. Mayor Bauch said the architect was ready to present final design on the Christensen Trail at the next Council Meeting. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE COMMITTEE OF THE WHOLE MEETING ADJOURN. CARRIED. Gary Van Duen; City Council Presibeht Nor ooher, Recording Secretary