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HomeMy WebLinkAbout1980-04-28 Committee of the Whole MinutesApril 28, 1980 TUKWILA CITY COUNCIL 7:00 P.M. COMMITTEE OF THE WHOLE MEETING CALL TO ORDER COUNCIL MEMBERS PRESENT EXECUTIVE SESSION 6:00 -.7:05 P.M. AUDIENCE COMMENTS Dog Lease Law Award of Certifi- cates of Apprec- iation to Recrea- tion Dept. Volunteers. DISCUSSION Res. #656 Gen. guidelines for future dev. of the City Light Site. M I N U T E S City Hall Council Chambers Council President Saul called the Tukwila City Council Committee of the Whole Meeting to order at 6:00 P.M. L. C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DORIS PHELPS, COUNCIL PRESIDENT DANIEL J. SAUL, GARY L. VAN DUSEN. MOVED BY HILL, SECONDED BY HARRIS, THAT THE TUKWILA CITY COUNCIL MEET IN EXECUTIVE SESSION TO DISCUSS THE SCHMID LAWSUIT, LID #29, FIRE FIGHTER CONTRACT, AND THE CITY LIGHT LAWSUIT. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY VAN DUSEN, THAT THE TUKWILA CITY COUNCIL EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. The Tukwila City Council Committee of the Whole meeting was called back to order by Council President Saul, with Council Members present as previously listed. Mrs. Rudolf Regel, 14201 56th Avenue South, Tukwila, asked if anything has been done to put into effect a dog lease law? Councilman Van Dusen said the Council is working on a dog leash ordinance that will be presented at the Committee of the Whole Meeting in two weeks. Don Williams, Recreation Supervisor, presented Certificates of Appreciation to the Recreation Department volunteers: Charley Duncan, Al and Cora Van Gystle, Fred and Aloys Shepherd, Lily Mallow, Charlotte Greer, Jean Williams, Bob Conner, Betty Walkley, Marge Ingram, Fran McDaniel, Wayne Hammond, Nancy Moore, Gary Knisley, Warren Roice, Oscar Hernandez, Jim Cushman, Sr., Jim Cushman II, Steve Phelps, Terry Straight. Councilman Bohrer presented a draft policy position for the Chartwell Development that he had prepared and distributed to Council Members. It provided background information, policy position, rationale, and recommended action. The recommended actions were that Administration should define the actions that are required to implement the policy and review them with the City Council. The listing should distinguish those required of Chartwell from those required by the Council and Staff. The rationale was that the common interests of Tukwila, Chartwell, and Seattle City Light are served best by the implementation and success of this project. This can be accomplished best by a clear and agreed statement of City policy by the Council and its implementation by Administration. Council President Saul stated the City Council would consider each item of Councilman Bohrer's memorandumed dated April 28, 1980. Item A should remain as presently worded. Item B The Council agreed that the statements and actions of all City personnel should be consistent with the provisions of Resolution No. 656 or any revision or successor resolution. Item C Council agreed the City Attorney is the City spokesman in all matters concerning the relation of the SCL lawsuit to this site. Item D should remain as worded. Item E Agreed that administration shall inform the City Council of all actions relative to Chartwell pending before it. The Council shall be afforded the opportunity to review and comment on all actions that require administrative staff decision prior to action upon such decisions. MOVED BY BOHRER, SECONDED BY HARRIS, THAT ITEM E BE ADOPTED BY THE CITY COUNCIL AS A POLICY REGARDING THE CHARTWELL DEVELOPMENT. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 28, 1980 Page 2 DISCUSSION Contd. Res. #656 Gen. guidelines for future dev. of the City Light Site contd. *MOTION WITHDRAWN, WITH APPROVAL OF THE SECOND. a 735 City Attorney Hard said he had not had a chance to review Councilman Bohrer's letter prior to the meeting. He said the City Council is a legislative body. The implementation of the law is a function of the administration. He said he was concerned when a situation arises where the Council asks Staff to come to the Council before they make administrative decisions. He said he was not sure that it is a legislative decision and he was concerned about the appearance of fairness. There are potential problems when Council gets into the day -by -day decisions of administration. The City Council should be kept informed and ask staff for as much information as Council feels is necessary. The Council cannot be in a position where they become so deeply involved that when it comes time to make a decision they have already made up their minds. The Council must deal with all property owners in the same manner. You have to consider what is applicable to all projects, and not one particular development. Councilman Bohrer said his intent in writing the draft policy position was to ask that the Council be kept informed without having to go and ask about it. The Chartwell development is a unique development within the City. It will add 40% to the City's valuation. He said perhaps the City Attorney could revise the wording of Item E. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT CONSIDERATION OF THE DRAFT POLICY POSITION FOR THE CHARTWELL DEVELOPMENT BE TABLED FOR TWO WEEKS. MOTION CARRIED. Council President Saul said the City Council would consider Resolution No. 656. Councilman Bohrer stated that the first three paragraphs of Resolution No. 656 should be changed to reflect information from the public hearings and the EIS. Guideline 1: Council agreed the wording should remain as is. Guidelines 2(a): Councilman Van Dusen said one of the basic problems the Council is talking about is what kind of water fowl do we want the pond to attract. Is it the intent of the Council that "wild life" be the prime occupants of the pond or does Council want a pond and they do not care what is in it. Councilman Johanson said the whole concept is based on wildlife and without the wildlife concept the Council is not talking about Resolution 656. Councilman Bohrer said all of Section 2 of Resolution 656 encourages the pond to be used for wildlife by separating humans from the wildlife. In this way wildlife will be encouraged. Councilman Harris said she thought there is no possible way once building starts that wildlife can be expected to remain. The fowl will become the domestic type. Councilman Phelps suggested that Item 2(a) be worded: "Limit direct human access to perimeters of pond area and encourage use of designated passive recreation /viewing areas." A spokesman from the Seattle Audubon Society said if the pond is 13 acres it will attract wildlife. If it is 5 acres it will attract domestic types of water fowl. Guideline 2(c): Council agreed to wording. Guideline 2(d): It was suggested that the following statement which appeared in Resolution 656 in parenthesis be ommitted: "Retain tree cover in southwest corner of site." Guideline 2(e): It was agreed to delete this item. Councilman Bohrer disagreed with the deletion. Guideline 2(f): Council agreed to the wording. Guideline 3: Council agreed that the words "discourage" and "encourage" were not enforceable words. Councilman Phelps suggested that a statement be added such as: The Public Works Department will regulate the traffic movements and ascertain damage done to the streets, curbs, and gutters. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 28, 1980 Page 3 DISCUSSION Contd. Res. #656 Gen. guidelines for future dev. of the City Light Site contd. c2 7 Guideline 4(a): Councilman Harris said she thought the internal circulation roads should be like they are in Southcenter and maintained by the owner. Councilman Phelps stated she liked the way it is stated, with the deletion of the last ten words, so the sentence reads: Promote shared access points and internal circulation roads. Guideline 4(b): Council agreed to the wording as is, with the addition of the word "hotel" after the word "office" so it reads: Encourage a compatible mix of office, hotel, and retail land uses on the site. Guideline 4(c): Council agreed to wording as shown. Guideline 5: It was agreed that Guideline 5 should read: Minimize the adverse effects of construction activities on the use of the pond by waterfowl. Preference will be given to construction on piling. Guideline 6: MOVED BY BOHRER, SECONDED BY JOHANSON, THAT GUIDELINE 6 OF RESOLUTION 656 REMAIk ONE THIRD OF THE TOTAL AREA OF THE SITE SHOULD BE RETAINED IN ITS NATURAL STATE. Councilman Phelps asked about the size of the pond in the NAROD proposal. She said Resolution No. 656 was not in effect then and she wondered what the size of the pond was when the motion was made to grant the waiver. Mayor Todd said he had researched the records and it was 7 acres. Councilman Bohrer said he thought it was more than that and he suggested that this point be clarified and the Council come back to it for consideration. *ROLL CALL VOTE: HILL, VAN DUSEN, HARRIS, PEHLPS VOTING NO; SAUL, BOHRER, JOHANSON VOTING YES. MOTION FAILED, FOUR TO THREE. Councilman Harris said she felt the pond should not be less than 8 acres. Councilman Phelps said the Council should not consider any less acreage than was given to the NAROD proposal. Guideline 7: Councilman Van Dusen said the wildlife will leave the area during construction so it does not matter where the pond is located. Councilman Bohrer said he felt consideration of this guide- line should be deferred until streets are considered. Guideline 8: Council agreed this guideline would be considered at a later date. Guideline 9: Council agreed this guideline should be deleted. Guideline 10: Council agreed to this guideline. Councilman Phelps suggested that Item 10 should read: Development plans should include a 45 foot right -of -way for access road along the south boundary of the property and sufficient right -of -way should be reserved along Strander Boulevard and Andover Park West to provide an additional lane width. She thought ingress and egress should be off Andover Park West rather than Strander Boulevard. David Oswald, Attorney for Chartwell Development, presented photos of their property taken in 1972 and 1979. He asked what is considered to be "natural state" of the site? The year of 1972 was dry and the photo shows the pond in a different location than it was in 1979 which was a wet year. He said Chartwell would like some actual guidelines for Items 6, 7, and 8. These three guidelines are the most important. Chartwell would like to know where the City wants the pond located and the amount of pond area. Councilman Bohrer said the Public Works Committee has done some study on this and he would like information from them. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT RESOLUTION NO. 656 BE REDRAFTED BY THE PLANNING DEPARTMENT AND PUBLIC WORKS DEPARTMENT IN ACCORDANCE WITH THE CHANGES AND SUGGESTIONS AGREED UPON IN THIS MEETING AND IT BE ON THE AGENDA OF THE MAY 12, 1980 COMMITTEE OF THE WHOLE MEETING. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 28, 1980 Page 4 DISCUSSION Contd. Res. #656 Gen. guide- lines for future dev. of City Light Site contd. RECESS 8:50 9:00 P.M. Approval of Call for Bids Street Improve- ment Proj. So. 147th St. 57th Ave. So. Suggested Date May 27, 1980. Selection of Project for IAC Grant Applica- tion. ol 7_5 MOVED BY HILL, SECONDED BY PHELPS, THAT GUIDELINE 6 OF RESOLUTION NO. 656 READ: "APPROXIMATELY ONE- FOURTH OF THE TOTAL AREA OF THE SITE SHOULD BE RETAINED IN ITS NATURAL STATE. Councilman Johanson stated this action would dissipate the concept of wildlife. Attorney Oswald, Chartwell Development, said they would rather have a guideline by percentage of the total acreage rather than a fixed acreage. *ROLL CALL VOTE: HILL, VAN DUSEN, HARRIS, PHELPS VOTING YES; SAUL, BOHRER, JOHANSON VOTING NO. MOTION CARRIED, FOUR TO THREE. *MOTION CARRIED. It was the opinion of the majority of the Council that Guideline 8 of Resolution 656 be deleted. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. The Tukwila City Council Committee of the Whole Meeting was called back to order by Council President Saul, with Council Members present as previously listed. Councilman Bohrer asked if the residents of South 147th Street and 57th Avenue South have been contacted and know of the construction for roadway improvements? He asked if the redesign has been done? Mayor Todd said the engineer has just been notified within the last two or three days. He said he assumed the engineer has reviewed the redesign but he did not know whether or not it had been reviewed by the residents on the street. MOVED BY PHELPS, SECONDED BY HILL, THAT THE CALL FOR BIDS, ALONG WITH A PUBLIC MEETING FOR THE CITIZENS OF THE STREET, WITH A NOTIFICATION GOING TO CITIZENS INVOLVED BE ON THE AGENDA OF THE MAY 5, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Don Williams, Recreation Supervisor, said the Interagency Committee for Outdoor Recreation has established May 1, 1980 as the deadline for submittal of letters of intent from all agencies intending to make application for funds for specific projects for the 1981 program year. The City of Tukwila has not yet made a decision regarding this matter. Staff has requested and received an extension from May 1 to May 7 as the due date for the letter of intent. The Council should pass a resolution at the May 5 Regular Meeting identifying the specific project that is to be submitted and the funding source from which the matching funds will be obtained. Mr. Williams said the potential project was Phase III of the Christensen Greenbelt. If possible a decision should be made selecting which site is the best for the pedestrian /bicycle over- pass at Christensen Road. A recent estimate from the Public Works Department places the cost for the overpass at about $250,000. Another project suggestion is McMicken Park. The design and construction will cost approximately $250,000 to complete. Without outside funds this park is not likely to be developed for a long period of time. The Old City Hall Park is another potential project. Design and construction is estimate around $75,000 which would provide landscaping and accompanying equipment to create a small, plaza like area for passive recreation along with a play area for young children. Due to limited funding, the IAC might favor a less costly project such as this one, and its varied uses and local historical significance could make it a valuable recreation and cultural facility for the community. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 28, 1980 Page 5 DISCUSSION Contd. Selection of Project for IAC Grant Applica- tion- contd. VIP's Rezone time extension request. 7 LcV A project that has been discussed is the construction of two additional trails to Tukwila's existing system: one to run from Klickitat Drive to Slade Way, connecting the McMicken/ Crestview neighborhoods with the commercial areas of Tukwila; the other to be located at 55th Avenue South between South 139th and South 140th Streets allowing direct passage up the hill to the school and library. These trails would cost about $15,000 but it is questionable that the IAC would regard them as recreation trails. The reconstruction of the tennis court at Tukwila Park would involve the removal of the existing deteriorating lower two courts, the replacement of these courts with new surfaces along with accompanying retaining wall construction. The project would cost about $82,000. Mr. Williams said Staff recommends the design and construction of Phase III of Christensen Greenbelt Trail Project, and funding such from the Land Acquisition, Building and Development Fund. He said it is Staff's opinion that this project as a part of a total Riverfront Park in Tukwila, Phase II, which is already receiving IAC support, will be accepted by IAC and may receive continued support from the evaluating committee. The Greenbelt Park is the Tukwila link to Fort Dent in a trail system now developed through the Lower Green River Valley, its benefit extends beyond the corporate limits of Tukwila, and its importance is greater than that of a wholly local project. Phase III will allow the Christensen Trail to extend north to Fort Dent Park once Southcenter Boulevard improvements are completed, eliminating the canyon -like effect I -405 has on the developing trail, and enhancing the accessibility of the Green- belt Park for those living north of the freeway barrier. All indications are that placing this overpass at the north end of the Christensen Trail at Christensen Road as originally planned will not create any immediate conflict with the proposed Grady Way Bridge and may not with any long -range plan. This location maintains a consistency in the Riverfront Trail Develop- ment Project following the concept favorably evaluated by the IAC for the 1980 program year. It is a vital link in trail systems, and due to its high cost outside funding sources must be found in order for final design and construction to take place. At this time IAC is the only funding source available for such a recreation trail. Mayor Todd said he would suggest the continuation of the Christensen Greenbelt project. Other grants may be available. MOVED BY VAN DUSEN, SECONDED BY BOHRER, THAT THE DESIGN AND CONSTRUCTION OF PHASE III OF THE CHRISTENSEN GREENBELT TRAIL PROJECT BE SELECTED AS THE PROJECT FOR IAC APPLICATION AND THE RESOLUTION BE ON THE AGENDA OF THE MAY 5, 1980 REGULAR COUNCIL MEETING. Mr. Williams said the Council should also specify the location of the overpass. Councilman Bohrer suggested the resolution be prepared, naming the project, and the location be left blank until it has been studied by the Council Members. *MOTION CARRIED. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE STAFF RECOMMENDATION FOR A TWO YEAR EXTENSION OF THE REZONE REVERSION DEADLINE OF ORDINANCE NO. 1031 BE APPROVED AND THAT STIPULATION 3L OF ORDINANCE 1031 BE REWORDED AS PROPOSED BY STAFF. MOTION CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 28, 1980 Page 6 DISCUSSION Contd. Bestway Motor Frt. request for prelim. waiver approval for proposed trk• term. on So. 143rd St. at its terminus adja- cent to Green River. Offer for the City to purchase site adjacent to P -17 Pond. Council Intern Position. Prop. Ord. prohibiting parking in parking spaces marked w /interna- tional symbol of access. Prop. Ord. relating to installation, maintenance repair of sidewalks, curbs, gutters adding to TMC Title 11. Prop. Res. declaring intent to order improve- ment of portions of So. 152nd 57th Ave. So. creating LID #30. a 73 MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE COUNCIL ACCEPT STAFF RECOMMENDATION AND DELAY ACTION ON THIS WAIVER REQUEST UNTIL THE COMMUNITY AFFAIRS COMMITTEE PROPOSAL FOR LAND -USE CHANGES ON THIS AND OTHER SITES IN THE CORRIDOR AREA ARE EVALUATED IN SEPARATE COUNCIL ACTION. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE OFFER FOR THE CITY TO PURCHASE SITE ADJACENT TO THE P -17 POND BE ON THE AGENDA OF THE MAY 12, 1980 COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. Bob Richards, Council Intern, stated he had resigned his internship effective May 1, 1980 as he would be graduating in June. He said he had enjoyed the job and it had been beneficial to him. He said the productivity had not been as high as he would have liked. He said this may have been because he had not been given enough assignments by the Council. Councilman Bohrer said Mr. Richards had done an excellent job in the position and it has been beneficial to the Council to have his services. He said he was in favor of continuing the position. Several Council Members stated they were looking forward to using the information supplied by the Council Intern. MOVED BY HARRIS, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE PROHIBITING PARKING IN PARKING SPACES MARKED WITH THE INTERNA- TIONAL SYMBOL OF ACCESS BE ON THE AGENDA OF THE MAY 5, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Councilman Harris said with respect to Section 2(B) she wondered if the City was going to take an inventory of the sidewalks that are bad and see that they are repaired. She said you cannot expect people to replace sidewalks when someone else ruins them. She said if the Interurban Corridor plan is carried forward the sidewalks will be torn up and redone. MOVED BY PHELPS, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE RELATING TO THE INSTALLATION, MAINTENANCE AND REPAIR OF SIDEWALKS, CURBS, AND GUTTERS AND ADDING TO THE TMC TITLE 11 AND REPEALING ORDINANCE NO. 1025 BE ON THE AGENDA OF THE MAY 12, 1980 COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. Councilman Van Dusen left the meeting at 10:00 p.m. Larry Hard, City Attorney, said Ted Uomoto, Public Works Director, has proposed a schedule for LID No. 30. He said they would need to come up with a detailed cost estimate. MOVED BY PHELPS, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION DECLARING THE CITY'S INTENTION TO ORDER THE IMPROVEMENT OF PORTIONS OF SOUTH 152ND AND 57TH AVENUE SOUTH AND CREATING LID #30 BE ON THE AGENDA OF THE MAY 12, 1980 COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. Prop. Res. eliminating Larry Hard, City Attorney, said he had worked on the language moratorium on issuance of of the proposed resolution, getting rid of the moratorium. any building or site prep- He said the improvements of LID 30 will be implemented and the aration permits in the City may be able to get rid of a lawsuit. He said we may be area affected by former able to contact all of the property owners and get an agreement LID #28 repealing Res. saying they will participate in LID No. 30. If that agreement No. 695. can be obtained from them within the next ten days, before May 19, he felt sure the moratorium could be eliminated. He said he was going to the property owners the next day, showing them the time table, and asking for their approval to participate in the LID. Mr. Peter Buck, attorney for Mr. Esping, gave a brief history of the case, stating his client was the only property owner affected by the moratorium. He said if the Council will check TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 28, 1980 Page 7 DISCUSSION Contd. Prop. Res. eliminating moratorium on issuance of any bldg. or site prepara- permits in the area affected by former LID #28 repealing Res. No. 695 contd. STANDING COMMITTEE REPORTS Finance Personnel Suburban Mayor's Meeting Chamber of Commerce Meeting ADJOURNMENT with the Police and Fire Departments their plans will not present a problem. Councilman Harris said the moratorium was put on because of the safety of the people. Mr. Esping, audience, said the construction on his develop- ment will affect only one side of the street at a time, so it will not affect any emergency vehicles. MOVED BY PHELPS, SECONDED BY HILL, THAT THE PROPOSED RESOLU- TION ELIMINATING A MORATORIUM ON THE ISSUANCE OF ANY BUILDING OR SITE PREPARATION PERMITS IN THE AREA AFFECTED BY FORMER LID #28 AND REPEALING RESOLUTION NO. 695 BE ON THE AGENDA OF THE MAY 5, 1980 REGULAR COUNCIL MEETING. Councilman Bohrer said he thought the facts should be docu- mented. If the Police and Fire Departments have changed their position on the safety factor he would like to see it in writing. Council President Saul said the Fire Chief has said there was no problem. *MOTION CARRIED. Chairman Phelps said there will be a resolution at the next Committee of the Whole Meeting regarding green fees at Foster Golf Course. There have been memorandums regarding the position in the Building Department and the Crime Prevention position which will no longer be funded by grant funds. MOVED BY HARRIS, SECONDED BY HILL, THAT THE ABOVE -NAMED ITEMS BE PUT IN THE FINANCE AND PERSONNEL COMMITTEE. MOTION CARRIED. Mayor Todd said there would be a Suburban Mayor's Meeting on May 7, 1980 and reservations should be in Friday, May 2. There will be a Chamber of Commerce meeting on May 20, 1980 at the Doubletree Plaza. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING ADJOURN. MOTION CARRIED. Daniel J. haul, City Council President C am' Norma Booher, Recording Secretary