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HomeMy WebLinkAbout1980-05-12 Committee of the Whole MinutesMay 12, 1980 7:00 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS APPROVAL OF MINUTES AUDIENCE COMMENTS 56th Street Bridge Truck Noise in Allentown. DISCUSSION King County Animal Control re animal control /leash laws. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING M I N U T E S c274 City Hall Council Chambers Council President Saul called the Tukwila City Council Committee of the Whole Meeting to order. L. C. BOHRER, GEORGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, COUNCIL PRESIDENT DANIEL J. SAUL, GARY VAN DUSEN. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING HELD APRIL 28, 1980 BE APPROVED AS PUBLISHED. MOTION CARRIED. Ted Uomoto, Public Works Director, stated the insurance company is removing the debris from the collapse of the bridge so it will not be a safety hazard. He said he had met with King County twice about the City role and County role. Our position is that we are looking to King County to take the lead role in removing the debris. They expect to share the cost. They believe Tukwila's share is 50 per cent as the County -City line goes through the middle of the bridge. Council President Saul asked if Tukwila took part in the inspection in August when the bridge was declared safe. Mr. Uomoto said the County did the inspection, since they had the expertise to do the job. Mrs. Vivien Smith, who resides on 50th Place South in Allentown, said she was complaining about a trucking company located on the west side of 50th which is in Tukwila. The trucks are mostly refrigerated and the refrigeration units are left running when the trucks are parked. It is very disturbing and the vibration interferes with television. She suggested that "No Parking" signs be placed along the shoulder of the road on the west side of 50th. Councilman Van Dusen said the noise ordinance states that the administration may determine that a noise be called a public nuisance. Mayor Todd suggested that the group affected by the noise write a letter and all of them should sign it. It will carry weight when he goes to the trucking company and talks to Mr. Codiga. Mr. Dan Graves, King County Animal Control, said he was present to answer questions the Council might have. Councilman Van Dusen said the City has had complaints about large dogs running about the streets, littering lawns, and in some instances being aggressive. Some changes have been made in the proposed animal control ordinance and the City is depending on the County to enforce it. The biggest factor is the time and noise of barking dogs. Mr. Graves said the County tries to provide good service. They respond as fast as they can to calls received. They need cooperation on the part of the residents in signing complaints. He said they might, on a trial basis, do away with written warnings and issue citations. He said the City of Issaquah has adopted a leash ordinance which carries a fine of $40. He said written warnings can be issued on signed complaints and the violation need not be observed by an agent. Their agents work four day on and four days off, from 6 a.m. to 6 p.m., seven days a week. As the daylight hours grow longer they have units out for longer hours. Councilman Van Dusen said the proposed ordinance is an amendment of the model County code. If anyone disagrees with a fine they can appeal to a higher court. Mr. Graves said the County would enforce the ordinance as passed by the City Council. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May/12, 1980 Page 2 DISCUSSION Contd. King County Animal Control re animal control /leash laws contd. Bobby Zepp, audience, said she hoped something can be done to enforce the ordinance. Her neighbor's garden is coming up and a police dog has jumped the fence and broken down the new plants. She has a shrub that has been completely ruined by the dogs in the neighborhood. People are reluctant to sign a complaint and have trouble with their neighbors. Mr. Graves said that is a common problem. Sometimes the matter can be handled by talking to the dog owner, that is a first step. Documentation is also the foundation of a good case. Mrs. Zepp said often the dogs run at night and you do not know who they belong to. Mr. Graves said they cannot schedule people to work after 12 midnight and before 6 a.m. Mrs. Rudolf Regel, audience, said the damage is done at night by the dogs. People think their dog is at home, but it is out roaming about and causing damage. You do not know who the dog belongs to. Mr. Graves said a license on a dog does not permit the dog to roam. It is a means to identify the owner of the dog and the revenue from the animal license helps to operate the animal control. Many people are not aware that their dogs are a nuisance. We have to let the people know what the problem is and give them a chance to keep the animal under control. We will have officers out until 10 p.m. now that there are longer hours of daylight. When an animal with a license is picked up there is a fee and kennel charge the owner must pay to reclaim the pet. Council President Saul said the Tukwila City fine will be over and above the County charges. Prop. Ord. establishing MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE a leash law and amending ESTABLISHING A LEASH LAW AND AMENDING ORDINANCE NO. 968 (TMC Ord. 968 (TMC Chap. CHAPER 7.04) BE ON THE AGENDA OF THE MAY 19, 1980 REGULAR 7.04). COUNCIL MEETING. Councilman Hill said he thought it should be in the newspaper that this ordinance is going to be on the agenda so the public can come and discuss it. Councilman Van Dusen said there was a hearing about a month ago and only three people were present. Councilman Phelps remarked that Section 2 of the proposed ordinance refers to animals; Section 3 refers to dogs; and Section 1 has no reference to either dogs or animals. Does the leash law include cats? Council President Saul said the City Attorney should look at the proposed ordinance and see that the language is proper in Sections 1, 2, and 3. Deputy City Attorney Carlson asked if the proposed ordinance should relate only to dogs. Councilman Johanson said he thought it should include all animals. Councilman Van Dusen said the complaints have been about dogs. *MOTION CARRIED. Prop. Ord. relating Councilman Van Dusen said the Planning Commission has offered to installation, mainten- comments on the proposed ordinance. The Chamber of Commerce has ance repair of side- also offered comments. walks adding to TMC Title 11. In Section 3, Item A, the last sentence has been omitted. It should read: "All others shall be a minimum of 5 feet." In Section 4 the developer, etc., can come to the City for a waiver. Single family residents are left out, as far as being responsible for the sidewalk. If it is a large residential development, the developer would have to put in sidewalks. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1980 Page 3 DISCUSSION Contd. Prop. Ord. relating to installation, mainten- ance repair of side- walks adding to TMC Title 11.- contd. RECESS 8:20 8:30 P.M. 767 Mayor Todd said he noted in Section 2 (B) that the maintenance and repair of unfit or unsafe sidewalks shall be the responsi- bility of the abutting property owner. Those living across the street and using the sidewalk should have the responsibility for it, too. Councilman Van Dusen said the City could get into a costly repair bill, and this section should help the City. Councilman Van Dusen said he would like to turn the ordinance over to the City Attorney for review. Councilman Phelps said perhaps a property owner could file a waiver if they could not pay for the repair work. Councilman Bohrer said he would suggest excluding single family residence. It could be done as it has been in the past. Councilman Van Dusen said single family could be excluded in Section 2 (B), or it could be deleted. Councilman Johanson said in some parts of the City there are sidewalks on one side of the street and not on the other. If this is altered or deleted then we accept, as a City, the full liability. Councilman Van Dusen said the City needs some section on not parking on sidewalks and no overhanging trees plus the responsi- bility of cleaning and removing snow from the sidewalks. Mayor Todd asked if the sidewalks were on private property or on City property? Council President Saul said in Southcenter it is private property. In the residential area it is on City property. Councilman Bohrer said in the program we have landscaped some areas between the sidewalk and the curb and we said the City did not maintain them. In several instances the particular areas are part of the right -of -way. He said he thought it was somewhat complicated. Councilman Van Dusen said if we take on these responsibilities we should be prepared to fund the job. We cannot keep loading jobs on the employees and not expect to increase personnel. Chris Crumbaugh, audience, said in certain areas the sidewalks are public right -of -way. Would it be the responsibility of the City to maintain them? When sidewalks are added would they be turned over to the property owners for their maintenance? In Andover Park West the sidewalks are City property. City right -of -way and City sidewalks should be solved by the City. If a sidewalk goes down one side, both sides benefit from it. Council President Saul said the City Attorney will look over the proposed ordinance and advise if the City will need an easement to put in the sidewalks. Carl Carlson, Deputy City Attorney, said the City can require a builder to put in a sidewalk but you cannot invite the public to use it without an easement. Councilman Phelps suggested the Council receive guidelines from the Public Works Department before the ordinance is passed. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE AMENDED AND THE FOLLOWING SENTENCE BE ADDED TO SECTION 3 (A): "ALL OTHERS SHALL BE MINIMUM OF FIVE FEET." AND THE PROPOSED ORDINANCE BE ON THE AGENDA OF THE MAY 19, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. 4OVED BY VAN DUSEN, SECONDED BY HILL, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. Council President Saul called the Committee of the Whole Meeting back to order, with Council Members present as previoulsy listed. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1980 Page 4 DISCUSSION Contd. Policy Dev. for outstanding litigation the Chartwell Dev. *SEE ADDENDUM, VERBATIM TRANSCRIPT AT REQUEST OF COUNCILMAN BOHRER. Councilman Bohrer presented draft policy position and policy statement he had prepared on the Chartwell Development and Seattle Light (SCL) Lawsuit. He said Item 2 (E) of the policy position was determined to need work on it. The City Attorney was to give a legal report on it. Councilman Van Dusen said in Item 2 (E) there are two "shalls" that he would suggest changing to "should." Mayor Todd said it was not his intent to hide anything from the Council. He said if the Council wants any information they need only ask for it. Councilman Van Dusen said he thought the policy position and policy statement were putting restrictions on the Mayor's office. Section 2(C), for instance, states the City Attorney is the City spokesman. He thought the City Attorney could not be directed to be the only spokesman for the City. The City Attorney works for and by direction of the Mayor. Councilman Bohrer said the City Council by its action places restriction on the Mayor. The Council directs policy and the Mayor implements the policy. Councilman Van Dusen said theCouncil is interpreting their own ordinance. Once an ordinance is passed it is beyond the control of the Council unless they amend it or change it. Councilman Bohrer said that is correct. It is not up to the Council to interpret; if the interpretation the Staff has is not what the Council intended, then the Council should change it. Councilman Hill said Section 2 (E) bothers him. He thought administration had brought all information before the Council. He asked who is to be notified in the Council, all of the Council, part of the Council, or just an individual? The Council makes the laws, administration administers them, and the court settles the differences. He said he could not see the staff coming to the Council before making a decision. It is up to the Council if they want a policy statement letter, but the Council should be sure it is clear to everyone what they want. He thought administration would enforce it the way Council intends. With respect to Item 4(B) he thought all such items were public record and could be requested by anyone. Mr. Carlson, Deputy City Attorney, said the records would be available to anyone under the Freedom Act. Once it has been through a public meeting all of the information is then public. Councilman Bohrer said he did not intend that information should be refused, he stated the City Attorney should control it. He said he saw no reason to rehearse past history. He said he did not think it was productivity to go back, he would like to stimulate progress by eliminating the negative. Mayor Todd said he would like to settle the lawsuit and he felt the proper way to settle would be out of court and without cost, that is better than going to court. Councilman Bohrer said the conclusion is that there is very little risk of going to court. He said he would like to point out that administration came to the Council seeking further authorization to proceed. He said he was trying to write down a set of guidelines so the Council can do that. No specific action needs to be taken by the City to settle the lawsuit, it will settle itself. Councilman Phelps said she did not care for Paragraph E, second sentence. She said she did not see the necessity for the draft policy position. ADDENDUM TO: TUKWILA CITY COUNCIL COMMITTE OF THE WHOLE MEETING May 12, 1980 Page 4 -A VERBATIM TRANSCRIPT OF PORTION OF MINUTES AT REQUEST OF COUNCILMAN BOHRER. Bohrer: Mayor: Mr. Chairman. Saul: Yes, sir. 7 7/ The purpose of the policy statement is to be sure theCouncil and the Administration are in agreement, are in understanding, and can proceed as a team. Mayor: The reason I feel and felt since I read this originally that you took this position, and I quote from my information, "the most probable outcome would be to order Tukwila to issue a fill permit for the site and in this case the only risk to the City is for attorney's fees estimated to range from $5,000 to $20,000." Isn't that in your document? Bohrer: Mayor: Yes, sir, it is. If you continue down to paragraph 3 it says that this case, under Prognosis, it says that it is unlikely this case would come to trial so long as the Chartwell Development proceeds. Now the distinction is that in the first case I am talking about a risk evaluation and in the second case I am making a prediction based on my past discussions with the City Attorney's office on what is the most probable cause. Now, if the City lost the law suit and that is the premise that the statement is, that if we lost the law suit the most probable action would be to order us to fill the site, not that we pay the 32 million dollar face value of the suit. Okay? I think I would have been more more pleased with your position statement if you hadn't quoted in here that you got all of your information from Mae Harris, who has a friend working for the Seattle City Light. Hill: No, Seattle City Council. Bohrer: That was only one... Mayor: Seattle City Council. Bohrer: That was only once source of my information, sir. Saul: Okay, let's move on. Let's not be sitting here doing nothing, let's do something. END OF TRANSCRIPT TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1980 Page 5 DISCUSSION Contd. Policy Dev. for outstanding litigation the Chartwell Dev. contd. Prop. Res. repealing Res. #656 and spec. gen. guidelines for dev. of 38.9 acre parcel referred to as City Light or Tukwila City Ctr. *VERBATIM TRANSCRIPT OF THIS PORTION OF THE MEETING AT THE REQUEST OF COUNCILMAN BOHRER. c2 77,2_ Councilman Van Dusen asked Councilman Bohrer if it was his intent that the Council adopt this as an informal policy. Councilman Bohrer said he would like to see the policy state- ments adopted. Someone must be designated to be the focal point for these discussions. It is the City Council who makes the decision, so the City Council should make the policy. He felt it is worthwhile to have the policy written so everyone can see it. He said he thought the Council should change it until the Council agrees on it. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THE CITY COUNCIL, BY FORMAL MOTION TO BE PREPARED BY THE STAFF, ADOPT THE POLICY POSITIONS GIVEN IN SECTION TWO OF COUNCILMAN BOHRER'S MEMO DATED APRIL 28, 1980 ENTITLED "DRAFT POLICY POSITION FOR THE CHARTWELL DEVELOPMENT" AND SUCH FORMAL MOTION BE ON THE AGENDA OF THE MAY 19, 1980 REGULAR COUNCIL MEETING. MOVED BY VAN DUSEN, SECONDED BY HILL, TO AMEND THE MOTION BY CHANGING "CITY ATTORNEY" TO "MAYOR" IN PARAGRAPH 2(C) AND IN PARAGRAPH 2(E) THE WORD "SHALL" IN BOTH SENTENCES BE CHANGED TO "SHOULD." MOVED BY PHELPS, SECONDED BY VAN DUSEN, TO AMEND THE AMENDMENT SO PARAGRAPH 2(E) READS: "THE CITY COUNCIL REQUESTS ADMINISTRATION TO INFORM IT OF ALL ACTION RELATIVE TO CHARTWELL DEVELOPMENT PENDING BEFORE IT IN A TIMELY MANNER." Councilman Bohrer said it is his prediction thatCity Light will not fill the site. His intention is to clarify the roles of each department. *MOTION CARRIED. MOTION CARRIED, AS AMENDED, WITH JOHANSON AND BOHRER VOTING NO. MOTION CARRIED, AS AMENDED, WITH VAN DUSEN VOTING NO. Keith Cinnamon, Chartwell Development, said basically he sees no problem with the proposed resolution. They are endeavoring to work with the City Engineer to get the site into shape so they can build on it. The size of the wetland or the island does not create a problem. His main point of concern would be Guideline No. 8 which states the design of the man -made wetland environment shall involve the expert counsel of competent professional specialists, including but not limited to, water fowl and entomological biologists, landscape architects, representatives of the Audubon Society, and water quality control engineers to insure that a well balanced, technological approach is maintained in recreating the project's wetlands amenity. He said if such an eminent body got together it would be difficult to come to a conclusion. Mr. Cinnamon said the pond would have to be deepened. Right now it is a drain for water from the street and sewer. It is not a self supporting habitat right now. It is drying up and the posts are coming up above the water. The water is not filtered nor purified. A lot of trash from surrounding building has been thrown or blown into the area. Mr. Cinnamon said they would certainly use the landscape architects, the water will be clean and usable. A drain ditch has been put in so drainage from the street will be prevented from going into the pond, making it a breeding place for mosquitos. Councilman Bohrer said the drain ditch was a policy action that the Council was not aware of. Mayor Todd said the property owner had felt this was necessary in order to protect his property. The storm drainage system runs off the west end and onto the property. Council President Saul said he was aware of the drain ditch. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1980 Page 5 -A ADDENDUM: VERBATIM TRANSCRIPT AT THE REQUEST OF COUNCILMAN BOHRER. Keith Cinnamon Johanson: But I think that was the concern. a 7 -73 Saul: The proposed resolution has been developed, repealing Resolution No. 656. Chartwell, do you want to discuss this? Mr. President, I have gone over the new proposal and basically I don't see any problem with it whatsoever. You are probably aware we are endeavoring to work with the City engineering department to prevent surface run -off from going onto the site right now and to get the site into a shape that it can be built on. The size of the wetlands and lake does not create a problem, the island does not create a problem, that was in our original proposal. I would think that if we had any point of concern it would be No. 8 and I would hate to get such an eminent body all together and not have somebody who was going to say, "whoa, time has come and it is going to be done this way" and somebody has to be given the authority on that basis because there is no way you can get the type of people that are referred to together and get a general consensus of opinion in any rush. You are looking at a long drawn out procedure and... Unfortunately, the site as it exists today will not continue to support wildlife regardless of what you do because the only way you can get water into it and keep it a deep enough water level is to dredge and enlarge and deepen that pond. At the present moment the water that is in there all ran back through the back -up sewer system off the streets. The first thing we are concerned with and we agree 100% with paragraph No. 1, Control Quality of the Water. At the present moment all of the water that is in there is uncontrolled quality water that came in out of your storm sewer, backed right up off it when the storm was on and it was flowing down the street. I have asked engineering to put in a one way gate to prevent that happening. Johanson: Are you saying it is not self- supporting in its present state? Cinnamon: No, it is not. It ran all sorts of water in there earlier and now it is going down and the posts are coming up through it and it is getting shallower. Johanson: It goes down every year. Cinnamon: Unless you run water off the streets back into it, it will go down and not come back up. It can't come up from the only bit of water that comes off the site itself. Johanson: The only water that is on the site comes from the site itself? Cinnamon: The water that is on the site did not come from the site itself. How can you dump it in there out of your storm system, your storm system comes off your streets and sewers. You say right in No. 1 it was in by -law 656 before, it must be filtered, it cannot come off parking lots, streets, or roadways, yet that is where the water that is in there came from. But it was never filtered, it was never purified, it is not the quality of water for the project you are talking about. Johanson: There are no buildings surrounding it and people are not throwing paper cups in it, there are not people throwing trash into it and there are not people throwing food into it and there are not.... Cinnamon: Mr. Johanson, I don't want to argue with you but I am going to tell you something. There have been building sites going on around there and I will show you pliofilm that has blown into it, I will show you wallboard insulation and all sorts of things that have blown in there in the last year and worse than a few paper cups from people. Hill: There are some waterfowl in there, but I don't think we would require you to have a large group of scientists agree on how the pond should be, we would expect a landscape architect, but do we need the Audubon? TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1980 Page. 5 -B ADDENDUM: VERBATIM TRANSCRIPT AT THE REQUEST OF COUNCILMAN BOHRER. Cinnamon: Bohrer: Cinnamon: Cinnamon: X 77 We would certainly use a landscape architect without any doubt, we could not do a proper job without it, and certainly we are going to have the water clean and in a usable state. We have even considered and feel it is necessary to aerate the lake in order to keep it fresh, otherwise it will become a stagnant smelly water pond. I would simply like to point out that it rains in Seattle and the rain on that site last year ran into the pond, which most of it would, would cover to a depth of between 32 and 4 feet, so your statement that all of the water on the site comes from the back -up out of the sewer system or drainage off the streets is obviously inaccurate. I don't want to belabor that point. I would like to ask a question. You mentioned you were working with the City engineer to get the site in shape and control drainage. What is the form of that action that you are taking with the City engineer? We had the City engineering department out to try and prevent any future waters running off the streets and out of the sewer line onto the site. Bohrer: Have you taken any action on the site itself? The only action we took on the site was to arrange to drain those areas that were flooded outside of the lake bed up along Strander to get the water out of there so it would dry out so we wouldn't have potential breeding grounds for mosquitos and so forth, trying to protect our site and get the water back into the recognized area. Bohrer: Specifically what did you do? Cinnamon: We dug trenching, or I ordered and instructed them and went over it last week to have trenching put to drain the water back into the lake area. Bohrer: So you have had an action with the City administration for some weeks related to that particular point. Cinnamon: This last week to ten days, yes. Bohrer: Last week to ten days...How many people on the Council were aware of that action? Saul: I was. Bohrer: Mr. Hill, were you aware? Hill: (Answer not audible on tape) Bohrer: Mr. Van Dusen, were you aware? Van Dusen: (Answer not audible on tape) Bohrer: I am simply asking questions. Mr. Johanson? Johanson: No. Bohrer: Mrs. Phelps. Phelps: No. Saul: The only thing I was aware of was that the drain was higher and if someone wanted to at some future time could drain it and let the water drain back out into the street that was possible and the day I heard there was machinery on there I connected the two and figured out that was what was happening, but I guess it wasn't what was happening. That was the only connection I heard, I heard there was machinery there. I thought it was to drain the water out and back under the street because the sewer line or the drainage line is higher than what the water is and that is what I had no idea what was going on other than that and evidently that wasn't going on, so... TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1980 Page 5 -C ADDENDUM: VERBATIM TRANSCRIPT AT THE REQUEST OF COUNCILMAN BOHRER. Bohrer: a 77 That is why I think this specific point relates to the point we were discussing policy action. The Mayor had stated there were no actions pending before the City Council or before the City related to the site that he had not apprised the Council of, and now we find out there has been one. Mayor: What is it you are talking about, I wasn't.. Bohrer: Apparently there has been a drainage ditch dug on the site and the Council was not informed of it. You stated that you had informed the Council of all actions related to the site. Mayor: Well, Mr. Bohrer, I could informthe Council as to when I go to the bathroom too, but I don't choose to do that because I think that is my business, and secondly I don't think it is anybody's business if a property owner feels it is necessary to protect his property. I endorse that plan because I think the property owner has rights as well as cities, and states, and counties, and federal governments. I don't think it can be any other way. It cannot be a democracy if it isn't that way. Bohrer: Mr. Todd, your statement was you informed the Council of all action. Mayor: Further.. Saul: Okay, that enough..we don't want... Mayor: I don't think the Council really realizes where the storm drainage system is physically located regarding elevation in Andover Park West. Now, when we issued the permit for that project to City Light, the storm drainage system was located at an elevation in the street so it could accommodate drainage water from that site as if it were filled, and that is what the problem is. The storm drainage system down there fills up with water and it runs out the west end and onto the property. What he says is exactly true. Saul: Okay, let's move on. END OF VERBATIM TRANSCRIPT. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1980 Page 6 DISCUSSION Contd. Prop. Res. repealing Res. #656 and spec. gen. guidelines for dev. of 38.9 acre parcel referred to as City Light or Tukwila City Ctr.- contd. Offer for City to purchase site so. adjacent to P -17 Pond. Prop. Res. declaring intent to improve portion of So. 152nd 57th So. create LID #30. Bestway Motor Frt. request for waiver to develop trk. term. at easterly terminus of So. 143rd St. adjacent to Green River. 77 Mark Caughey, Assistant Planner, said Guideline 9 of the proposed resolution addresses the 45 foot wide right -of -way corridor for an access road along the south edge of the property and sufficient right -of -way should be reserved on Strander Boule- vard and Andover Park West frontages of the site to provide additional travel lane space. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION REPEALING RESOLUTION #656 AND SPECIFYING GENERAL GUIDELINES FOR DEVELOPMENT OF 38.9 ACRE PARCEL COMMONLY REFERRED TO AS THE "CITY LIGHT" OR "TUKWILA CITY CENTER (CHARTWELL)" SITE BE ON THE AGENDA OF THE MAY 19, 1980 REGULAR COUNCIL MEETING. Council President Saul asked how we can be sure we will have 9.5 acres in wetlands. Mark Caughey, Planning Department, said the resolution contains guidelines to be followed and there will have to be interpretations given on both sides. He said they would be as professional as possible. Councilman Phelps said Guideline 10 gives final approval to the development plan to the City Council. *MOTION CARRIED, WITH JOHANSON VOTING NO. Council President Saul said Mr. Harold Iverson had offered the site immediately south and adjacent the P -17 pond to the City. It would cost $2.26 per sq. ft., amounting to $198,500. Councilman Johanson said it was not property that would be use- ful to the City as a park. Mr. Paul Iverson, audience, said over the course of time he had explored a number of possibilities of what to do in order to develop. He thought the City might be interested because of the Christensen Road. Council President Saul said the City does not have a lot of money to develop it. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE MATTER BE PLACED WITH THE PARK BOARD FOR CONSIDERATION. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION DECLARING INTENT TO IMPROVE PORTION OF SOUTH 152ND STREET AND 57TH AVENUE SOUTH AND TO CREATE LID NO. 30 BE ON THE AGENDA OF THE MAY 19, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Councilman Bohrer said this subject was discussed in the Community Affairs Committee meeting. Their recommendation was that existing industrial zoning and comprehensive plan industrial designations within the Interurban Avenue Corridor be eliminated in favor of high- occupancy office, or medium to high- density residential usage. This change would help to create a pedestrian- oriented commercial environment as envisioned by the Interurban Avenue Corridor Plan, and would encourage more open access to the Green River shoreline. Staff suggests that Council 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. Tom Walsh, Attorney for Bestway Freight, said they bought this property on South 143rd three and one -half years ago. There were other truck terminals and trucking industries on this street and they considered it a prime location for the new terminal. They inquired as to the zoning, and discovered that the zoning was light industrial and allowed truck terminals as conditional uses. A year later the Council adopted the new Comprehensive Plan and did not change the land use restrictions for Bestway's property. The Comprehensive Land Use Map desig- nated Bestway's property as light industrial. Recently new TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1980 Page. 7 DISCUSSION Contd. Bestway Motor Frt. request for waiver to develop trk. term. at easterly terminus of So. 143rd St. adjacent to Green River contd. Doubletree Plaza Hotel Sign. 2777 zoning has been proposed for the City in accordance with the new Comprehensive Plan. The proposed zoning continues the Bestway property as light industrial zoning, and continues to allow truck terminals as conditional uses in light industrial zones. Professional architectural and engineering services were retained and there were no complaints from any of the neighbors for their type of business. This spring representatives of Bestway approached the City to request all necessary permits to construct its terminal. Application materials were completed and filed with the City along with application fees. In April the Bestway representatives appeared at the Council meetinij to discuss their waiver application. At this time and for the first time in the 32 years of planning Bestway learned that there were some zoning changes being considered which were affecting their proposal. Their waiver application was held pending a discussion of land use changes in the Interurban Avenue Corridor. On May 8 Bestway learned that an Interurban Avenue Corridor Study had been conducted and a potential down -zone for this area was being considered. Bestway has now put itself into a position of total commitment to this site, which no knowledge that a change in zoning is being considered. It's present lease expires at the end of the year and it has no other locations in mind. If, for any reason, it is unable to develop its terminal at this site, Bestway will suffer substantial damages. Mr. Walsh said the planned development will be consistent with the Shoreline Master Program, it will be consistent with the Comprehensive Plan and it will encourage aesthetic building and site design, using live landscaping in all developments. There will be adequate parking for all land uses. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE REQUEST FOR WAIVER TO DEVELOP A TRUCK TERMINAL AT THE EASTERLY TERMINUS OF SOUTH 143RD STREET ADJACENT TO THE GREEN RIVER BE ON THE AGENDA OF THE MAY 19, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Tim Debois, Doubletree Plaza representative, said there have been no variances to the sign code since 1975. There should be one sign for every face of the building that affronts a street. They have one free standing sign. The sign they propose would be small and in good taste. He said he would like theCity Council to direct or allow the Board of Adjustment to review variances on the grounds of intent of the sign code. He suggested more flexibility be put into the sign code. Perhaps the Council can specify the total number of square footage that is wanted on a building, but not limit the number of signs on any one building. They have multi -uses of the building. Al Pieper, Building Official, said he had advised Mr. Debois not to go to the Board of Adjustment. The code says they will grant variances based on various points. No applicant can prove a hardship to get a sign. Councilman Van Dusen said perhaps the Council could have a waiver procedure as they develop the sign code. Carl Carlson, Deputy City Attorney, said he thought the City could set up a waiver procedure by by- passing the Board of Adjustment. Councilman Johanson suggested the Public Works Committee look into this. The Council created the Board of Adjustment to help TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1980 Page 8 DISCUSSION Contd. Doubletree Plaza Hotel Sign contd. Prop. Ord. establishing green fees charged at Foster Munic. Golf Links. the Planning Commission. Councilman Van Dusen said he did not believe the Council set up the criteria of the Board of Adjustment. They have a set of rules they have to adhere to. Al Pieper, Building Official, said the Board of Adjustment will hear any variances we put to them, but then few can get by the question of "where is your hardship You cannot grant special privileges. Mr. Pieper suggested divorcing the sign code from the zoning. Councilman Van Dusen suggested the Council set up a separate set of guidelines directed to the sign code and turn that over to the Board of Adjustment. The Deputy City Attorney said he would check on it. He said if the Council creates a body they have to give the body criteria to go by. Mr. Pieper said if the action outlined by Councilman Van Dusen is taken, a permit could not be issued until at least September. It would take that long to get the item on the agendas of the various meetings. Councilman Bohrer said the Council has had a number of discussions about people having problems with the sign code Council President Saul said this matter would be turned over to the Public Works Committee for further action. Councilman Phelps said the matter of green fees will be addressed again later in the year or in January 1981, after we have the benefit of the new irrigation system. Roy Moore, manager of Foster Municipal Golf Links, said after looking at the proposal he could not economically recommend a change in fees at this time. This would reduce the income some $10,000 a year based on the business that was done last year. He said he had no complaints about the fees presently charged, they have been in existence for four years. He said to lower the fees at this time would be a mistake. Councilman Bohrer asked when the irrigation will be completely installed, and when it is installed the labor to irrigate will be materially reduced. Mr. Moore said that is not correct. With the irrigation system in it will increase the upkeep of the grass. In July or August he has not had to have anyone out mowing because the grass did not grow in the dry weather. With the irrigation system in the grass will continue to grow and require more upkeep. Don Williams, Recreation Supervisor, said the committee has talked about increasing the rates the first of theyear. He said he had not received any complaints from anyone about the present rates. We have tried to have them in keeping with the general area. Councilman Phelps said with a more equitable rate for juniors and seniors they would be encouraged to play. She said the committee had also discussed setting up a special rate for citizens of the City. The number of residents who play is not significant. Councilman Hill said if we lower the rates we will have more people coming here to play. Mr. Moore expressed the view that the rates at Foster Golf Links are one of the lowest around. The juniors and seniors are not unhappy with the rates. By lowering the rates you TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1980 Page 9 DISCUSSION Contd. Prop. Ord. establishing green fees charged at Foster Munic. Golf Links contd. Items 9, 10, 13, 14, 15, MOVED BY HILL, SECONDED BY VAN DUSEN, THAT ITEMS 9, 10, 13, 14, 17, 18, 19, 20 of the 15, 17, 18, 19, 20 BE CARRIED TO THE AGENDA OF THE MAY 27, agenda. 1980 COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. Power Supply to Foster Pump Station for Foster Golf Links Irrigation Project. ADJOURNMENT 11:10 P.M. c 7 7 will impact the course with people playing on Saturday and Sunday for $3.00. Mayor Todd asked what it will cost to operate the pump. Mr. Moore said the electric bill will be large, it will be $600 to $800 per month. Councilman Phelps said she would like to adopt the rates as they are at present in ordinance form. MOVED BY PHELPS, SECONDED BY VAN DUSEN, THAT THE PROPOSED ORDINANCE ESTABLISHING GREEN FEES CHARGED AT FOSTER MUNICIPAL GOLF LINKS BE ON THE AGENDA OF THE MAY 19, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Council President Saul said there would be an Executive Session on May 19, 1980 at 6:00 p.m. prior to the regular Council Meeting to discuss the 1980 through 1982 Labor Contract Agreement negotiated with the International Association of Fire Fighter's Union Local No. 2088 representing Tukwila Fire Fighters. Don Williams, Recreation Supervisor, said the purpose of this discussion is to obtain direction from Council for electrical hook -up for the pump station. One route would be to cross the Paul Haggard property, by obtaining an easement, and then to follow the south property line easterly to the pump station, which will cost about $10,050. The other route would follow Maul Avenue going north and then easterly along the south property line to the pump station, which will cost $15,000. Haggard will give Puget Power an easement if the City will provide him an easement allowing his buildings to remain on City -owned property. The choice is to pay the higher cost and avoid the Haggard property. Mr. Hard, City Attorney, has said to resolve the property ownership question may take considerable time. The recommendation is to take the Maul Avenue route, although the cost is higher. MOVED BY BOHRER, SECONDED BY HILL, THAT THE CITY SPEND THE $15,000 AND TAKE THE MAUL AVENUE ROUTE TO OBTAIN ELECTRICAL HOOK -UP FOR THE PUMP STATION AND IT BE ON THE AGENDA OF THE MAY 19, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE TUKWILA CITY COUNCIL COMMITTEE THE WHOLE MEETING BE ADJOURNED. MOTION }'F ED: Dan Saul, City oun. '-elertt r Nori1a Booher, Recording Secretary