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HomeMy WebLinkAbout1978-08-07 Regular MinutesAugust 7, 1978 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS TUKWILA CITY COUNCIL REGULAR MEETING M I N U T E S Tukwila City Hall Council Chambers Mayor Bauch, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DANIEL J. SAUL, DWAYNE D. TRAYNOR, GARY L. VAN DUSEN, Council President. OFFICIALS IN LAWRENCE E. HARD, Deputy City Attorney; TERENCE MONAGHAN, Public Works ATTENDANCE Director; KJELL STOKNES, OCD Director; MAXINE ANDERSON, City Clerk. MINUTE APPROVAL MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE REGULAR MEETING OF JULY 17, 1978, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE SPECIAL MEETING OF JULY 24, 1978, BE APPROVED AS PUBLISHED. MOTION CARRIED. VOUCHER APPROVAL MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. Vouchers No. 6528 6706 Current Fund 6528 6646 37,261.28 Street Fund 6647 6666 166,902.58 Fed. Shared Revenue 6667 6669 836.14 Foster Golf Acq. 6670 575.00 City Hall Construction 6671 1,121.06 Water Fund 6672 6690 14,721.87 Sewer Fund 6691 6706 13,865.23 $235,283.16 Councilman Saul asked about the bill for car rental for $230 per month. Mayor Bauch said it is for a pick -up truck for the Recreation Department used to haul baseball equipment and drag the ball fields during the summer months. Councilman Bohrer asked about Voucher No. 6555 in the amount of $450 for the Housley rockery. Mayor Bauch explained that there was a motion for the City to provide $450 for the purchase of rock to satisfy the City's obligation. Councilman Bohrer asked why the voucher is just now coming to Council? Mayor Bauch explained that the City offered the use of a backhoe on a Saturday to be operated by a City employee. The City has tried to get a liability release from the Housleys for this project but has never been able to. There has just been a long delay. The City now wants to satisfy the obligation. Councilman Traynor said he did not want the bill paid until the work is done. Mayor Bauch noted the voucher is made out to the church, not the property owner. Councilman Harris asked if the City is still liable for an employee and City equipment to do the construction? Mayor Bauch said that there is no employee available at the present time. Councilman Harris asked if this will be the end of the obligation and was told yes. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE VOUCHER BE APPROVED BUT PAYMENT WITHHELD UNTIL THE ROCKERY IS CONSTRUCTED. MOTION CARRIED WITH JOHANSON VOTING NO. Councilman Johanson said he felt the City wasn't obligated and this is setting a precedent. MOTION CARRIED AS AMENDED WITH JOHANSON VOTING NO. TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 2 BID OPENINGS AND AWARDS Christenson Green Kjell Stoknes, OCD Director, referred to a memorandum to Mayor Bauch belt Trails System- concerning the Call for Bids on the Christenson Greenbelt and Trails No Bids Received System. Nine bid packages were picked up but no bids were received at the August 4 bid opening time. It is the opinion that there is a large volume of work and not enough contractors. Mr. Williams suggested the following alternatives: Call for Bids: Janitorial Service Call for Bids: Landscape Plan, New City Hall /.3 1. Wait for several weeks and go out to bid again. 2. Negotiate a contract with a selected firm. 3. Divide the project into three parts and either negotiate separate contracts or go out to bid for each project. He recommended the second alternative. Mayor Bauch explained that, under state law, the City has the option to rebid or negotiate since no bids were received. He recommended that staff re- evaluate the specifications to see if they are valid and then either rebid or negotiate. Councilman Saul asked if any of the work can be done in- house? Mayor Bauch said that his interpretation of the law is, no, not on a public works project. MOVED BY VAN DUSEN, SECONDED BY TRAYNOR, THAT THE SPECIFICATIONS BE ANALYZED AND HAVETHE ADMINISTRATION COME BACK WITH A RECOMMENDATION TO EITHER REBID OR NEGOTIATE. MOTION CARRIED. Terence Monaghan, Public Works Director, explained that the bid package provides janitorial service for: 1. New City Hall Building 2. City Maintenance Office 3. Tukwila- Southgate Community Center The bid specifications are written with two alternatives. One, the City provide all the paper products and two, the contractor provide the service and the paper products. The terms of the contract will be one year but can be cancelled with 30 -day notice. I_t has been estimated that it would cost approximately $30,000 per year for City personnel to do this service. Councilman Van Dusen said he understands that Council has not decided definitely to go to a janitorial service. He asked if there is a problem in going out for bids and then deciding not to use the service? Can Council reject all bids? Attorney Hard said Council has the right to reject all bids and a reason could be that it isn't cost justified. Councilman Van Dusen stated that Council needs to look over the pros and cons of this service. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE CITY CALL FOR BIDS FOR JANITORIAL SERVICES WITH THE OPENING DATE AS THE 28th OF AUGUST, 1978, AT 11 A.M. MOTION CARRIED. Mayor Bauch introduced Mr. David McNeal from the landscape architect's firm of Jongejan, Gerrard, and Associates. Councilman Traynor asked if any consideration had been given to the parkins of motorcycles on the blacktop surface? He said it is possible for the kickstand to sink into the asphalt. He suggested a concrete pad for parking. An area on the south parking lot was discussed. Councilman Van Dusen asked Mr. McNeal to explain the "Memorial Trees" proposed in the plan. TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 3 BID OPENINGS AND AWARDS Cont. PUBLIC HEARING Use of Old City Hall Building 442/ 4/ Call for Bids: Mr. McNeal said that rather than marking each tree, as donated, with Landscape Plan, a small plaque, there would be a key map in the lobby to be visible to New City Hall all who enter city hall. Mr. McNeal explained that the plans before Cont. the Council reflect suggestions made at the work meeting in May. He further explained that, after a second look, they have decided to save the existing apple trees and also attempt to save the small pond at the southeast corner. They are going to try to create several small pools along the stream on 62nd Avenue. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE CITY CALL FOR BIDS FOR THE LANDSCAPING OF CITY HALL WITH BIDS TO BE OPENED THE 31st OF AUGUST, AT 2 P.M. MOTION CARRIED. Councilman Traynor again asked about a concrete pad for motorcycles, and Mayor Bauch said he would discuss it with the architects. Mayor Bauch explained that Council has discussed the use of the old city hall building a number of times. They decided to hold another Public Hearing to receive additional input from the citizens. Councilman Traynor reported that the Community Affairs Committee, based on the prior Public Hearing, recommended the building be used for a public library with display cases and storage area for the Historical Society. Council said they wanted to hear from the citizens one more time so that is why the Public Hearing tonight. Mrs. Louise Strander, 15000 57th Avenue South, speaking for the Tukwila Historical Society, requested storage area in the vault to store pictures and tapes and space to have one or two display cases. Councilman Van Dusen asked if the vault would be sufficient as it is? Mrs. Strander said that as long as the door locks to keep people out is the main thing. Mrs. Anna Bernhard, 14241 59th Avenue South, asked if anyone from the King County Library System had been invited to the meeting. Mayor Bauch cited previous correspondence the City had received. Mrs. Bernhard said she understands libraries are having trouble getting books; they are being cut back. Will the City run into this problem? Mrs. Ellen Harding, 15310 64th Avenue South, cited a news article concerning the closure of two local libraries that are small and inadequate. She felt the City will be putting the same type of facility here. She said she thought the City wanted something they would be proud of on this site. Mrs. Margaret Chumlea, 16625 53rd Avenue South, said this is a much better building than the McMicken Heights library building they are closing. This is a more cultural area than Foster. If other local libraries are too small, we certainly do need one here. We are a City and we need a library for the people. Mrs. Joanne Davis, 5906 South 144th, said she supports a library for the area. Mrs. Maureen Bohrer, 14731 59th Avenue South, said she uses a library quite a bit and would like one within walking distance. The citizens deserve a library. Mrs. Harding asked if King County said they would clean the building? Mayor Bauch said the King County Library has said they will provide $1.10 per square foot for overhead. Councilman Saul said they have a library in McMicken Heights and it is nice. The citizens of the Tukwila area should also have one. TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 4 PUBLIC HEARING Cont. Use of Old City Hall Building Cont. CITIZENS' COMMENTS RECESS 7:55 P.M. 8:05 P.M. Use of Revenue Sharing Funds Set Public Hearing date Final Assessment Roll Hearing, LID #25 Set Public Hearing date Name street in Southcenter South, Riverside Drive ORDINANCES Ordinance #1070 providing for an interfund loan for LID #28 Construction Fund Mrs. Marie Gardner said they started agitating for a library in 1947. We are finally getting a new city hall and now it is very important to have a library. There being no further comment, Mayor Bauch closed the Public Hearing. Mayor Bauch displayed a certificate that Pat Lowery, Crime Prevention Officer, had received. The certificate is from the Professional Certification Board of the American Society of Industrial Security. Mr. Lowery was congratulated by Council. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT COUNCIL RECESS FOR TEN MINUTES. MOTION CARRIED. Mayor Bauch called the regular meeting back to order with all Council Members present as previously reported. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Mayor Bauch noted that a Public Hearing is required on the use of Revenue Sharing Funds. There is approximately $99,000 anticipated for receipt in 1979. MOVED BY SAUL, SECONDED BY HARRIS, THAT COUNCIL HOLD A PUBLIC HEARING ON THE USE OF REVENUE SHARING FUNDS ON SEPTEMBER 5, 1978. MOTION CARRIED. Mr. Monaghan explained that LID #25 was formed some years ago to develop Fort Dent Park and the adjacent property. There are only three parties involved in the LID: City of Tukwila, King County and Fiorito. The Attorney has been working on the closing of the LID for the past six months. Now is the time to proceed with the Public Hearing on the Final Assessment Roll. The chances are very great that the assessments will be protested. Attorney Hard said this has been a difficult LID. They have tried to negotiate the allocation of costs for the City but have gotten no response. The costs continue to increase every day and now is the time to close the LID. He cautioned Council to be prepared for this to be challenged. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PUBLIC HEARING ON LID #25 BE HELD AUGUST 28, 1978. MOTION CARRIED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE NEW STREET IN SOUTH CENTER SOUTH BE NAMED "RIVERSIDE DRIVE." Mr. Al Pieper, Building Official, asked if any of the surrounding cities have a "Riverside Drive If so, it could be rather confusing. Mayor Bauch suggested that this might encourage the businesses in the area to use "TUKWILA." It is a good name as it is located on the river. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance providing for an interfund loan between the sewer fund and the LID #28 Construction Fund. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ORDINANCE NO. 1070 BE ADOPTED AS READ. MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 5 ORDINANCES Cont. Proposed Ordinance Ordinance #1071 reclassifying property from R -1 R -3 to R -1, R -2, R -3, R -4. (Park Place, south of Tukwila School) MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance relating to transfers within the annual budget, provide for authority to contract or purchase goods and services, and repeal Ordinance No. 431 and 950. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. Councilman Van Dusen asked for an interpretation of Section 1 of the Ordinance. Does "separate funds" mean transfers between line items within a department or transfers between departments? Mayor Bauch said it covers either one. Attorney Hard reminded Council of the TMC section that requires any transfers in excess of fifty dollars to be made by Ordinance. Mayor Bauch said this ordinance will repeal that section. Councilman Van Dusen said that he would like the ordinance to say if there are any transfers within funds that they be done by formal motion. Council should have control over the budget. Councilman Traynor said if Council authorizes the purchase of one particular item they do not want something else bought. Councilman Traynor suggested putting this ordinance back in the Commitee of the Whole for further discussion. Councilman Johanson asked further about the wording of Section 1. Mayor Bauch said that RCW 35A.33.120 allows Council to control the transfer of money within separate funds without an ordinance. Right now, the TMC requires transfers by ordinance and all ordinances have to be published. Councilman Van Dusen suggested defeating the motion on the floor and putting the ordinance in the Committee of the Whole. Councilman Harris asked if this is a one subject ordinance or are there two subjects here? It has to do with transfers and call for bids. Attorney Hard said this is probably all right; it deals with powers under the annual budget. Councilman Bohrer said he has no problem with the proposed ordinance. ROLL CALL VOTE: YES BOHRER, TRAYNOR NO HARRIS, HILL, JOHANSON, SAUL, VAN DUSEN MOTION FAILED MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THIS ITEM BE REFERRED TO THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF AUGUST 14. MOTION CARRIED. Kjell Stoknes explained that the Park Place Rezone Ordinance came before Council on June 19, 1978, and was denied. At the July 10 Committee of the Whole meeting, Council passed a motion to reconsider the rezone request at the next regular Council meeting when all members are present. This is why it is on the agenda. Mr. Don Dalley, 1370 Steward Street, Seattle, explained that, since the July 10 meeting, they have made more revisions to the site plan and further additions to the conditions for the rezone. The areas that were studied in more detail were tree retention, open space, screening to the north, the ridgeline demarcation, traffic and access at the intersection of 62nd Avenue South and South 153rd, retention and drainage area,and density and height. This is a quality designed project and it does comply with the Comprehensive Plan. TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 6 ORDINANCES Cont. Ordinance #1071 reclassifying property from R -1 R -3 to R -1, R -2, R -3, R -4. (Park Place, south of Tukwila School) Cont.. He further stated that they have decreased the density north of the ridge line to 3.8 units per acre. This is less than most single family neighborhoods in the Seattle area. Mr. Leonard Milbrandt, architect, 16301 N.E. 8th, Bellevue, explained that they have modified the area north of the ridge line to reflect the spirit of the Comprehensive Plan. An area of 1.4 acres of open space has been created between the R -1 and the R -3. There are 7 units per acre proposed for the duplex zone. Mr. Milbrandt explained the areas where they propose to maintain the natural state in its entirety and the areas where they propose to have selective retention of trees. This way they would be able to maintain the intensity of vegetation, as close as possible, to that which now exists. The R -3 zone is the transition zone south of the ridge line. The density in the R -3 zone is 10.3 units per acre. The road on the north end has been revised so it doesn't cross the highest point. The number of buildings have been cut down and moved further back from the ridge line. Another major point is that three stories will be the overall limit of height in the R -4 zone. They have talked with the developer of the property to the south concerning the access road. They are proposing to join together and develop the access road centered between the two properties. They have discussed cutting down the crown of the intersection by 5 to 10 feet This would still leave a reasonable slope of 10 percent up into the site. Mr. David Markley, traffic and transportation engineer, Transpo Group, 23100 48th SE, Bellevue, said he was called in on this project because of the special problems of concern regarding the access to and from the area. There are two distinct areas here, one single family and one high density. They each have their own access system connected by an emergency lane. The high density area will generate somewhere around 1,100 trips per day. This would mean about 110 trips during a one -hour period at the evening peak time. About 80 of the trips will be entering the development and 30 exiting. Based on the desire to get to and from other areas, it is estimated that 95 percent of the people will want to go directly to Southcenter Boulevard. A few of the people will use South 153rd for recreational and social trips. The people in the single- family area will use South 151st and 62nd Avenue South exclusively. Mr. Markley referred to the street design submitted to Council. It is planned to help divert traffic down 62nd Avenue South and away from South 153rd. The design would prohibit anyone from exiting east bound. For safety reasons, they recommend regrading the intersection and cutting about five feet. They also recommend a yield or stop sign at the exit to the development and a stop sign on South 153rd for west -bound traffic. Councilman Bohrer questioned the stop sign on South 153rd causing the stopping on an upgrade. Mr. Markley said this was to discourage travel on South 153rd. Mr. Dave Halinen, project civil engineer, 1950 112th N.E., Bellevue, reviewed the storm drainage system and the utilities for the site. Storm drain detention will be provided on site in the R -3 and R -4 zones even though there is no City ordinance that requires it. Storm water from the R -1 and R -2 areas will pass through an oil water separator before running into the existing drainage course. The final design of the water and sewer utilities will conform to all city requirements. Councilman Traynor asked if this development is going to put a strain on the present system? Mr. Halinen explained that the system, as it stands right now, has sufficient capacity to serve the domestic flow requirements for the site without any problem. In a fire flow situation, the very worst thing that could happen would be a decrease in pressure for domestic service. This would also happen if there was an emergency in any other place in the City. Water service to this site would make a negative impact on the rest of the City. TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 7 ORDINANCES Cont. Ordinance #1071 reclassifying property from R -1 R -3 to R -1, R -2, R -3, R -4. (Park Place, south of Tukwila School Cont. Councilman Van Dusen asked if the storm water surface run -off would flow back into the stream? Mr. Halinen said they are proposing on -site detention only in the R -3 and R -4 zones and this area drains to the south. In the R -1 and R -2 zones, the water will flow through an oil water separator prior to discharge into the stream. Councilman Harris asked what happens to the oil that collects and was told that it has to be cleaned out periodically. Councilman Bohrer said he noted in the E.I.S. that the design condition was a ten -year flood and asked if this was still the intent? Mr. Halinen explained that the surrounding areas all use that and, through their experience, this should be adequate. Mr. Robert Thorpe, Seattle Tower Building, spoke on research they have done on supply and demand for this type of units. At the present time, the vacancy rate is less than 1 percent. On the demand side, there is considerable new development of businesses in the area drawing more people who need housing. Mr. Richard Wilson, attorney, 403 Columbia, Seattle, spoke on the following four basic areas: 1. He asked Council to keep in mind what they have heard on the proposed development. They have done everything that has been asked. They have moved the buildings back from the ridge line, cut down the density of the entire project, established no -cut and growth preserva- tion areas, provided on -site drainage retention and have bent over backwards to get the best possible project for the site. 2. He noted minor changes in Sections 1 and 5 of the proposed conditions 3. He said that pages 26 to 30 of the E.I.S. discusses how this project complies 99 percent with the goals and policies of the Comprehensive Plan. Mr. Wilson cited examples of compliance with some of goals. 4. Finally, this proposal was recommended by the Planning staff and was approved unanimously by the Planning Commission. The Finding of Fact in support of the rezone should be reconsidered and the rezone should be granted. Attorney Hard told Council he is concerned about the integrity of this process. They have already heard this matter and have voted. The developer is back asking Council to reconsider it and you will vote again. The one thing you have to consider is thE. Appearance of Fairness Doctrine. He stated that the applicant has the right to have this request considered impartially, objectively and as fairly as you can possibly do it. He asked each Council Member to remember this. Each council person must think about his own attitude toward this project. If you cannot be objective, fair or detached about this project that you refrain from considering this matter and from casting a vote. If this proceeding is challenged and it were found that someone violated the Appearance of Fairness Doctrine, your decision would be void. You all have to be aware of this. The law is developing rapidly in this area. He asked Council if anyone of them feels they cannot consider this matter objectively and impartially, they should disqualify themselves at this time. He further asked Mr. Wilson and the audience if they feel that someone on the Council has violated the Appearance of Fairness Doctrine to express their concern at this time. Councilman Saul expressed concern that they have already stated, and given reasons, why they voted for or against they project the first time. TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 8 ORDINANCES Cont. Ordinance #1071 reclassifying property from R -1 R-3 to R -1, R -2, R -3, R -4. (Park Place, south of Tukwila School) Cont. Attorney Hard said that in casting the vote again this time, each Councilmember will have to state the reason for their decision. Councilman Johanson commented that they have just seen a presentation on a terrific development but reminded Council that the request before them is for a rezone. It is an upgrading of the intensity of the land. He expressed concern about being objective over the developers rights and asked about the rights of the existing property owners. You cannot give up on this either. The voters want a good control over developments. He said he felt he is being very objective. Mr. Wilson said, for the record, that he has not researched what has been said in the past. They cannot say whether there has been a violation of the Appearance of Fairness Doctrine until a Court says so. He said he felt he cannot, at this time, be put in the position of "speak now or forever hold your peace" because they do not know. They cannot say who has been fair and who has not and he asked Council to be as objective as possible about their project. Mayor Balch explained that under the rules of the Council, this will take a reconsideration of the vote and the motion must come from a person who voted on the winning side. MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCIL RECONSIDER THE VOTE ON THE REZONE ORDINANCE. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney read an ordinance reclassifying certain property from R -1 -12.0 and R -3 to R- 1 -9.6, R -2, R -3, and R -4 within the City of Tukwila as contained in the Planning Division Master File No. 78 -06 -R. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ORDINANCE NO. 1071 BE APPROVED AS READ WITH ADDING THE TEN CONDITIONS. Councilman Traynor said he needs assurance that what they have said this evening is included. Mr. Wilson said he certainly hopes everything is included. In addition, if there is anything they have said that is not there, they would be glad to put it in. The applicant would be willing to make the rezone subject to the proposal as presented tonight. Mayor Bauch asked if the site plan presented tonight is the correct one? The plan shows 179 units. Mr. Milbrandt said the one they have shows 180, but they would drop one unit so this is the current site plan. Mr. Stoknes said if this is approved tonight, he will stamp it the official site plan. Councilman Bohrer told the applicant he appreciates their efforts, but he still has two problems with the proposal: 1. He has the same concern as Councilman Traynor; he is not sure what the proposal is. He would like to see the ordinance redrafted to include all of the updated conditions so both parties know precisely what has been talked about. 2. The second problem is maintaining the principle of the Comprehensive Plan. The principle is no different than any other in that the multiple family area should not come over the crest of the hill toward the current single- family area and the R -2 zone does this. He would be happy with the proposal if the R -2 and the R -3 north of South 152nd Street were zoned R -1. TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 9 ORDINANCES Cont. Ordinance #1071 reclassifying property from R -1 R -3 to R -1, R -2, R -3, R -4. (Park Place, south of Tukwila School) Cont. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE AREA INDICATED AS R -2 ON THE AMENDED ZONING PLAN PLUS THE PORTION OF THE AREA OF THE R -3 ZONE NORTH OF SOUTH 152ND STREET BE DESIGNATED AS R -1.96. Councilman Hill said the R -2 seems more compatible for this area. Councilman Traynor said if you build homes in there you might lose the buffer zone. They have made a good attempt here to not scrape the hill. If we lose the buffer, it would open up the visibility to the whole site. Mr. Milbrandt said the main reason for the transition where it is, is because of the grade differential between the northeast corner and the northwest corner. There is about 75 feet difference in a 400 foot run. The R -2 is a suitable usage in this area because it provides a transition. Councilman Traynor said when he approves the zoning, he is also approving the plan. If this plan isn't the way it will be developed, he isn't in favor of it. MOTION FAILED WITH SAUL AND BOHRER VOTING YES. Mr. Stoknes suggested adding an Item 1 that says "Provide a trail connection between 62nd Avenue South and Tukwila Elementary School to implement a portion of the Tukwila Park and Open Space Plan." R1r. Wilson agreed that this is a reasonable request. Councilman Traynor said he is concerned about the guide lines to be used on the selective retention. Mr. Milbrandt read Item 6 which provides for evaluating and retaining or replacing the trees. Councilman Bohrer said he is still confused over what Council is voting on. He suggested putting the package back together into a completed form and bringing it back to Council. Councilman Traynor agreed he would like to see the revised document. Mr. Wilson said it would be helpful if they were told what particular areas Council is concerned about. They feel everything is included in the conditions. Councilman Bohrer said a couple of things are; the current draft of conditions are incorrect in a couple of places; he would like to see the site plan updated and attached to the ordinance; the drainage and oil separator, as discussed, are not included. He said he would like to see this all written down. Councilman Van Dusen asked Attorney Hard where the City stands if they do not comply with everything they have agreed on. Attorney Hard said this is just the first stage. The City is going to have ample opportunity to review and monitor to make sure things get done. These things can all be made a part of the official record. They have said, on record, they will do certain things. To a certain extent, good faith has to apply here. Councilman Johanson said we need all the conditions set down in writing for the record. Attorney Hard said they say everything is in the record but a couple of things that have been read into the record. If the water retention capabilities of the plan are not included, they have said they are willing to make it a part of the rezone. Mr. Dalley offered that the designing of the water retention system is more technical and could be part of the engineering. Mr. Thorpe said the drainage system is discussed on Pages 12 and 50 of the E.I.S. TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 10 ORDINANCES Cont. Ordinance #1071 reclassifying property from R -1 R -3 to R -1, R -2, R -3, R -4. (Park Place, south of Tukwila School) Cont. RECESS: 10:25 P.M. 10:30 P.M. ROLL CALL VOTE: BOHRER NO: The reasons are that he is unsatisfied with the state of the package as presented for a decision and the time to consider the extensive changes has been inadequate. He also feels that the plan violates one of the precepts of the Comprehensive Plan; it brings the multiple family area over the crest of the hill and it is an exceedingly bad precedent to establish. HARRIS YES: The project conforms to the thought of the Comprehensive Plan as it was expected to be. It is a good project and will serve as a pattern for others. HILL YES: The proposal meets the Comprehensive Plan. The Comprehensive Plan does not draw lines; it should be more flexible to suit conditions. The builder has demonstrated a willingness to work with the City to meet the conditions asked for. He stated he is going to rely on staff to bring anything back that doesn't comply. JOHANSON YES: For the primary reason that the neighborhood area I was concerned about is going to be disrupted anyway. Another development that is going to exit directly onto my street. This looks like a pretty nice plan. SAUL NO: Because a rezone, is a rezone, is a rezone. It is a nice plan. He is not bound by the Planning Commission vote. There is a need for housing but we don't have to rezone property to produce this 180 units. It does not concur with the Comprehensive Plan; the R -2 zone comes over the crest of the hill and sets a precedent. TRAYNOR YES: He agreed with Councilman Bohrer that the packet is a terrible thing to be voting on. It is not specific enough. It is hard to know how to direct staff, to tell them how far to adjust. They have accomplished what I have set out to and that is to buffer that area with trees. I hope staff has a good guideline here; I don't want the trees cut down. I don't like the packet because I'm not entirely positive what I am voting on. Based on the fact that the tapes are part of this and also all of the papers here, we will see a completed packet. VAN DUSEN YES: My feelings on this are some of the things that everybody has said already. There are too many developments up there but this was due to previous Council people. The development is over the hill but I believe Mr. Smith is already over with his development. This package meets the goals of the Comprehensive Plan. It has been a good plan from the start but has been made better by the concessions made by the developer. If the quality of the development is as good as the presentation, it will be an excellent development. MOTION CARRIED. COUNCIL DECLARED A FIVE MINUTE RECESS. Mayor Bauch called the regular meeting of the City Council back to order. with all Councilmembers present as previously recorded. TUKWILA CITY COUNCIL REGULAR MEETING August 7, 1978 Page 11 DEPARTMENT REPORTS Mayor's Report Move to City Hall Repair of Water Line to Southcenter South Mayor Bauch reported that he has tentatively set September 18 as the date to start the move to new city hall. This would make September 25 as the first Council meeting date. The date of the dedication is still undetermined. The water line under the river to Southcenter South has been repaired and it was discovered, at that time, that the sewer line was also broken. They started on Monday and completed the repairs on Thursday. City Attorney's Deputy City Attorney Hard reported on the following matters: Report They finally have the Golf Course Agreement ready to execute. There have been just a couple of minor problems. The Purchase Agreement with the South Central School District for the purchase of Southgate School is near completion. LID 25 and LID 28 continue to take a lot of time. They are both a problem. The City Light lawsuit is coming to the top again. There is renewed interest being showed in the property. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Public Works Councilman Johanson announced that the Public Works Committee will Committee discuss the Interurban Corridor and start discussing storm drainage retention. Ordinance concerning alcohol ADJOURNMENT Councilman Bohrer asked to have the ordinance concerning the consumption of alcoholic beverages referred to the Park Committee. Mayor Bauch asked Mr. Stoknes if he would be sure that the Committee sees it at their next meeting. Rubbish Councilman Harris called Council attention that rubbish is being dumped on the river front property at the end of South 143rd Street. 10:45 P.M. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. jV 4A I dAet4e Mayor E D. Bauch /7 Ci y Clerk Maxine Anderson