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HomeMy WebLinkAbout1978-10-23 Regular MinutesOctober 23, 1978 TUKWILA CITY COUNCIL 7:00 P.M. CONTINUED REGULAR MEETING M I N U T E S City Hall Council Chambers CALL TO ORDER Mayor Bauch, presiding, called the Continued Regular Meeting from the Regular Meeting of October 16, 1978 to order. ROLL CALL OF LIONEL C. BOHRER, GEORGE D. HILL, J. REID JOHANSON, DAN SAUL, DWAYNE COUNCIL MEMBERS D. TRAYNOR, GARY L. VAN DUSEN. OFFICIALS IN LARRY HARD, CITY ATTORNEY; TERRANCE MONAGHAN, PUBLIC WORKS DIRECTOR; ATTENDANCE KJELL STOKNES, OCD DIRECTOR; FRED SATTERSTROM, ASSOCIATE PLANNER; NORMA BOOHER, DEPUTY CITY CLERK. DISCUSSION Application for Waiver from Ord. 1035 Tukwila Pond Site contd. from Regular Meeting of Oct. 16, 1978 Deputy City Attorney Hard said with respect to the question of whether or not the City of Tukwila would require something in writing from the City of Seattle with respect to the Tukwila Pond Site, he had discussed the matter with Walter Williams, attorney for City of Seattle. Mr. Williams said it was not necessary to have Seattle's approval in writing. He said they wanted to stay out of the application process. It was agreed that Seattle had no objection to the process. Deputy City Attorney Hard said he would send a letter to them confirming the telephone conversation. He said it was his opinion that nothing needed to be obtained from City of Seattle. He said if anyone wishes to bid on the property they should process an application for a waiver and the City should accept the application. Mr. Hard said in this case the applicant does not have ownership in the property, but the application should be processed in the usual manner so they will know what the property can be used for before they bid. Councilman Hill left the meeting at 7:12 P.M. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE COUNCIL ACCEPT THE NAROD DEVELOPMENT CORPORATION WAIVER APPLICATION. CARRIED. George Kropinski, Narod Development Corproation, said the waiver appli- cation was prepared before they had seen Resolution 656. He said the architect would explain the planning process and the highlights of their proposal. Mr. Vince Vergel de Dios, architect, said the proposed action is development of a shopping center, offices, and a hotel com- plex focusing on a natural pond. The concept recognizes the existing and anticipated land use context, providing a character which preserves and enhances the passive natural habitat features. He said there would be parking for 2,700 cars, the pond would amount to about 7 acres and the landscaping buffer zones would be approximately 5 acres. He said the total size of the property is 38.8 acres. Mr. Vergel de Dios said the pond was manmade and in recent years has become a refuge for wild- life. Councilman Saul asked if the area to be saved as a pond would be the deep part or the two foot marsh water. Mr. Vergel de Dios said some of the deepest part of the present lake is filled and the marsh- land is the part left unfilled that will be used for wildlife. Council- man Saul asked if the filling of the five acres would raise the level of the water in the part that remains. Mr. Vergel de Dios said it is hard to tell. He said there is a possibility that some of the build- ings could be on piling. He said natural streams do not feed the pond, it is formed by drainage. Councilman Bohrer asked if the area in the southwest corner of the property would be retained undisturbed. Mr. Vergel de Dios said yes it would retain its natural state. Council- man Bohrer said the long parking strip down the west part of the property is shown as 150 feet. He said in stepping it off it is closer to 200 feet. He said the configuration of the pond is not actually depicted on any of the maps. Mr. Vergel de Dios, architect, said there are several maps, indicating the pond is changing in size and shape from time to time. He said they had thought of using the name of "Tukwila Pond Center" for the development. Council President Van Dusen said there are lots of dead trees in the wetlands. He asked the developers if they would tear it out and put in landscaping. Mr. Vergel de Dios, architect, said they would do both. Generally, they would maintain it in its natural state insofar as possible, but they would reinforce it with landscaping. Council President Van Dusen said they would destroy what is down there now and what will evolve is a new pond with new plantings. He said all of the wildlife down there now will have to go, and in two or three years the pond will be popula- ted again. Mr. Vergel de Dios, architect, said they had tried TUKWILA CITY COUNCIL CONTINUED: REGULAR MEETING October 23, 1978 Page 2 DISCUSSION Contd. Application for Waiver from Ord. 1035 Tukwila Pond Site contd. RECESS 8:15 8:25 P.M. z300 to retain the south and southwest portion as nearly as they could. He said they felt sure the ducks would come back to the pond. Councilman Bohrer asked if anyone knew the elevation of the water surface at the present time. Fred Satterstrom, Associate Planner, said the engineerinc department in 1976 listed the elevation as 18 feet. Mr. Satterstrom said the Narod Development Corporation plans said with respect to the natural environment they had provided for an ade- quate and diversified supply of open space and included them in an open space system. Their methods for implementing the open space program had been developed to minimize the economic impact on the tax- payer and landowner. He said the development encouraged a smooth, steady and planned growth of the business community which allowed for the location of new commercial and industrial areas and the expansion of existing ones. It encourages the establishment of office areas and encouraged the continued vitality of the commercial retailing activity in the City. He said all of the uses proposed by the appli- cant are basically consistent with the zoning. He said the plan as depicted is generally consistent with the comprehensive plan. He said there are some creases that need to be ironed out. Council President Van Dusen said it is important how the water is going to be treated in the future. If there are to be hotels and restaurants, there should not be odors from the marshlands. Mr. Vergel de Dios, architect, said there would be sidewalks on either side of the parking areas. Council. President Van Dusen said he had thought it would be a good idea to have a sidewalk through the center of the parking lot. Council President Van Dusen asked if there was a quantity of nesting there. Mayor Bauch said he had seen quite a few females with young down there in the spring. Councilman Johanson said the 40 acre plot we are asking to have saved is now down to 7 acres. It will just be a duck pond. Mr. Kronskini, applicant, said it is difficult to meet all of the criteria, but they need Council direction. Kjell Stoknes, OCD Director, said he thought the applicant should be aware that he can ask for a continuation of the waiver so he can modify his drawings, or he can ask that the checklist not come up tonight. Mr. Kronskini said he would like the right to come back with modification, but he would like to hear the Council opinion tonight. He said if it is not favorable he would like to come back in two weeks with modifications. He said they did not have the guidelines in the first place or they could have planned that way. Mr. Vergel de Dios, architect, said with respect to the office building located in the southeast corner of the site plan next to the pond, it could be moved to the right if the building is on a prime nesting area. Mayor Bauch said he had watched the site for two years and the site fills up with water in the winter time. The wildlife comes in the sprinc and nest on the edge of the water. During the summer the water recedes and the wildlife has to travel further to get to the water. Deputy City Attorney Hard said it was his recommendation that the Council go through the Waiver Checklist. He said he thought the applicants understood the benefits and the risks. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE COUNCIL GO THROUGH THE WAIVER CHECKLIST. CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE CITY COUNCIL CONTINUED REGULAR MEETING RECESS FOR TEN MINUTES. CARRIED. The Continued Regular Meeting was called to order by Mayor Bauch with Council Members present as previously listed. Councilman Hill returned to the meeting at 8:25 P.M. MOVED BY VAN DUSEN, SECONDED BY BOHRER, THAT THE COUNCIL VOTE "YES" ON THE QUESTION, "DOES THE PROPOSED ACTION REPRESENT A UNIQUE CONDITION WHICH IS NOT SIGNIFICANT IN SCALE Fred Satterstrom, Office Engineer, explained the applicant has clarifiec this item. Any development on 40 acres is significant. ROLL CALL VOTE: BOHRER, JOHANSON, SAUL, TRAYNOR VOTING NO. VAN DUSEN VOTING YES, HILL ABSTAINED FROM VOTING. MOTION FAILED. TUKWILA CITY COUNCIL CONTINUED REGULAR MEETING October 23, 1978 Page 3 DISCUSSION Contd. Application for Waiver from Ord. 1035 Tukwila Pond Site contd. from Reg. Mtg. of Oct. 16, 1978 ADJOURNMENT 9:00 P.M. 1301 MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE CITY COUNCIL VOTE "YES" ON CRITERIA TWO AS TO WHETHER OR NOT THE APPLICANT HAS INVESTIGATED REASONABLE ALTERNATIVES AVAILABLE WHICH WOULD NOT REQUIRE A WAIVER. Deputy City Attorney Hard said every waiver would be answered "no" on this checklist question. He said this question should likely be taken out. Mr. Stoknes said after the criteria has been voted on, a motion is made by the Council to approve or disapprove the waiver re- quest. The waiver can be approved even through there is a "no" vote on one or more criteria. *ROLL CALL VOTE: BOHRER, JOHANSON, SAUL, TRAYNOR, VAN DUSEN VOTING "NOT APPLICABLE HILL ABSTAINED FROM VOTING. MOTION FAILED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE COUNCIL VOTE "YES" ON CRITERIA THREE: "IF THE REQUEST FOR WAIVER INVOLVES BUILDING, GRADING, CLEARING, EXCAVATION, OR FILLING IN A GEOGRAPHICAL AREA GENERALLY IDENTIFIED BY THE ENVIRONMENTAL BASEMAP AS AN AREA OF HIGH NATURAL AMENITY OR DEVELOPMENT CONSTRAINT, ARE MITIGATING MEASURES PROVIDED ROLL CALL VOTE: BOHRER, JOHANSON, SAUL VOTING NO. TRAYNOR, VAN DUSEN VOTING YES; HILL ABSTAINED FROM VOTING. MOTION FAILED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE COUNCIL VOTE "YES" ON CRITERIA FOUR: "IS THE REQUEST FOR WAIVER CONSISTENT WITH THE GOALS AND POLICIES OF THE COMPREHENSIVE LAND USE POLICY PLAN MOTION CARRIED, WITH HILL ABSTAINING FROM VOTE. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE COUNCIL VOTE "YES" ON CRITERIA FIVE: "DO THE REQUIREMENTS OF THIS ORDINANCE IMPOSE A SPECIAL HARDSHIP TO A SITE FOR WHICH A WAIVER OF THE PROVISIONS WOULD NOT NECESSITATE A MAJOR POLICY COMMITMENT PRIOR TO THE ADOPTION OF THE ZONING ORDINANCE AND MAP MOTION CARRIED, WITH HILL ABSTAINING FROM VOTE. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE WAIVER BE GRANTED WITH THE UNDERSTANDING THAT THE APPLICANT MUST SATISFY THE INTENT OF THE GUIDELINES OF RESOLUTION NO. 656. Council President Van Dusen said the applicant must look into removing or relocating the building that is designated on the site plan as office in the southeast corner of the property and retain it as a nesting area and also look into the parking strip on the west side as far as scale is concerned. *ROLL CALL VOTE: BOHRER, SAUL, TRAYNOR, VAN DUSEN VOTING YES; JOHANSON VOTING NO; HILL ABSTAINED FROM VOTING. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY JOHANSON, THAT THE CONTINUED REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Edgar D. B Mayor Norma Booher, Deputy City Clerk