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HomeMy WebLinkAbout1980-06-23 Committee of the Whole MinutesJune 23, 1980 7:00 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS APPROVAL OF MINUTES AGENDA CHANGE PUBLIC HEARING TUKWILA CITY COUNCIL City Hall COMMITTEE OF THE WHOLE MEETING Council Chambers M I N U T E S MOVED BY HILL, SECONDED BY HARRIS, THAT COUNCILMAN PHELPS BE ACTING CHAIRMAN OF THE MEETING IN THE ABSENCE OF COUNCIL PRESIDENT SAUL. MOTION CARRIED. Acting Chairman Phelps called the Committee of the Whole Meeting to order. L. C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, ACTING CHAIRMAN DORIS PHELPS,GARY L. VAN DUSEN MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE JUNE 9, 1980 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE MINUTES OF THE JUNE 9, 1980 COMMITTEE OF THE WHOLE MEETING BE AMENDED TO SHOW MR. RANDY COPLEN, TUKWILA CHAMBER OF COMMERCE, AS THE CORRECT SPELLING, RATHER THAN "COPELAND" AS IT APPEARS IN THE MINUTES. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE AGENDA BE AMENDED TO SHOW ITEM 4A AS A PROPOSED ORDINANCE OF THE CITY PROHIBITING DANCING AND /OR MUSIC IN CABARETS BETWEEN 2 A.M. AND 8 A.M. AND AMENDING SECTION 5.08.010 OF THE TUKWILA MUNICIPAL CODE. MOTION CARRIED. LID #30 Phil Fraser, Public Works Department, gave background information on LID No. 30, stating it was the reforming of LID No. 28. Acting Chairman Phelps declared the Public Hearing open at 7:05 P.M. Mr. Bob Stanton, Horton Dennis, using a wall map, pointed out the area that would be affected by the LID. He stated the project is to improve 152nd to where it turns into the Tukwila Apartments, widen 152nd Street with curbs on both sides and sidewalk on the south side, install drainage system along the street and remove the hump near the La Vista Apartments. There will be street lighting. Mr. Hal Brettel, Building E, Southcenter Condominiums, asked about the time schedule. Mr. Stanton said the cost of this project is estimated at $275,000. They have anticipated starting this year and the cost is based on 1980 construction. The Southcenter Condos property is owned by sixty six owners. The assessment cost will be 22.25 cents per square foot. Everybody is assessed on that basis, based on their area. The South center Condo owners will pay at the same rate as everyone else. There will be a 10 year assessment period. Notice will be made of your assess- ment which you may pay in 30 days without interest. After that, one year alter you receive a notice of one -tenth of the assessment amount plus the interest and so on for the next ten years. Mr. Stanton said input is being received at this time, then the City will determine whether or not it is feasible to go ahead with the project. If it is determined to be feasible, the ordinance should be passed on July 7. Those affected by the LID will have 30 days to pro- test. If more than 60 by assessment value, protest the LID then it kills the LID. August 18 would be the sonnest construction could be awarded. Based on a two month construction period the project should be completed on October 18. That is more or less the time frame. Hal Brettel, Building E, Southcenter Condos, asked how he would benefit. He said it is just as logical to assess the entire City as far as he would benefit. Melinda Reese, Building E, Southcenter Condos, asked the width of 152nd Street at present. Mr. Stanton said it is approximately 16 feet. Marilyn Steiger, Building E, Southcenter Condos, asked who wants the project. Is it the people who own the 15 acres who stand to gain? The people in Building E have no interest in the project. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 23, 1980 Page 2 PUBLIC HEARING LID #30 contd. c 2d o? Mr. Stanton said it is a combination of City and developers who want the project. Marilyn Steiger, Building E, Southcenter Condos, said her neighbor did not receive a notice of this meeting and not everyone was invited to attend. Mr. Stanton said in accordance with the RCW laws notices were sent to property owners of record from t -he Assessor's office. Notices were sent to those names. If someone did not get a notice it is because there has been a name change or an owner change or the records in the Assessor's office are not up -to -date. Some notices were returned by the post office. Councilman Johanson asked if the condominium owners were not advised when they bought that the LID was being formed? It has been planned for years. It should have been part of the title deed. Councilman Harris stated prior to LID No. 30 there was another LID that was cancelled. The condominium owners would certainly have a claim against the person they purchased from if they were not told about the LID. Councilman Phelps said the City has long recognized this property as a traffic hazard. Marilyn Steiger, Building E, Southcenter Condos, said she thought Building E should be excluded from the LID. Their exit is on Macadam and they have no interest in the improvements. Graydon Smith, owner of property identified as the Smith property, said he was in favor of the LID, but not at this time. Some four or five years ago after he completed the Hampton Heights Apartments the City stopped him from building. He would like to have that moratorium lifted so he can build. His property has been dezoned. He would like to have the portion of 152nd that goes across his property vacated. These were his recommendations. Councilman Phelps said consideration is being given to the lifting of the moratorium, once approval is obtained to construct the LID. Councilman Van Dusen asked Mr. Smith if he has made formal request to have the portion of 152nd vacated? Mr. Smith said he had not. Robert Thorpe, representative for Mr. Wynn, 815 Seattle Tower, Seattle, said he thought it was a good time for the LID. He thought Mr. Wynn would support the LID but he had some questions about design. There is still room to reduce cost. He is willing to work with the City on this. He is looking at the use of the property and something that is consistent with the comprehensive plan. The impact on the site is important to Mr. Wynn and it is important to him as a site planner. He said he would like to explain his problems with the design and how it would reduce cost slightly and improve the property. He said they were aware of 62nd being 30% over estimated cost. The cost of contribu- tion versus benefit of the two alternatives presented in the meeting that have been held have reflected a lot of work on the part of staff. He thought it important that the moratorium be lifted. There has also been some discussion about City participation. Considerable changes have been made in the plans since they were first presented about 5 years ago. By moving the sidewalk on 57th to the east side would cut the cost. In terms of the design on 152nd you will end up with a take where you have approximately 18 feet of roadway counting a five foot sidewalk, two foot curb on both sides, and a 28 foot road you are going to have a 47 foot swath where you have 18 feet. If you are bothered about what has been happening on some other properties, recent tree takes, you would not be happy with what 47 feet of improve- ment would mean. His suggestion was to cut the 28 feet to 24. One of the reasons is not just the cost but on the property, Mr. Wynn's property, are major maple trees, some 24 to 30 inches in size. He would like to see them preserved. By reducing the take on that side from 10 feet to 6 feet you could save most of those major trees. That is important because that property without those trees will look down on all of the parking lots on the other properties and they would like to save them right next to the road. He thought the road width TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 23, 1980 Page 3 PUBLIC HEARING LID #30 Contd. could be litigated, he thought 24 feet would be adequate. If the road is signed "No Parking" and we provide on our side turn -outs of about 100 feet in length, if an emergency vehicle is going up the hill and you need a turn -out, that would be adequate. There is storm water detention on Mr. Wynn's site that has occurred because of 52nd design and because the property built nearby. That taking would move over into a couple of those small pond areas that we intend to use for detention facilities and release the water at a controlled rate into a couple of those small pond areas that we intend to use for detention facilities and release the water at a controlled rate into the storm water system that is proposed. It is not a concern of density. It is not a smoke screen. Even at the most dense alternative that we could come up with the impact of that 10 feet is like 3 or 4 units. It is the natural features that are there. Mr. Thorpe said he would appreciate the City Council directing the consultants and the staff to consider putting the sidewalk on 57th on the east side and also reducing the width of 152nd from 28 feet to 24 feet of improved surface with the understanding that the turn -outs would be provided. He said these were benefits in terms of fire safety, fire rating, and other things in the LID. He said they were ready to support the LID. David Brown, Family Physician, owner of a condominium in Southcenter View in E Building, also president of the Advisory Board of the Southcenter Condominium Association said basically their feeling is that E Building should not be included in the assessment. Their access is Macadam. People in D Building stand possible benefit of widening of the road. They are at the bottom of the hill and they are going to see increased traffic. The only benefit he could see is if the street is wider there would be street parking. Would the street be wide enough for street parking on 152nd? Mr. Stanton said even with 28 feet there would be no parking on the street. David Brown said that would have been the one major benefit. His recommendation was that E Building be dropped from the assessment. The owners in D Building will have to make their own protest. Walt Churchifick, 14038 Sunnyside Avenue North, Seattle, representing Badley Enterprises (Tukwila Apartments), said his feelings were the same as Mr. Smith. He is for the LID but would like action taken on lifting the moratorium before they would vote fot it. Councilman Bohrer asked Mr. Churchifick if there is additional property his client owns that he would like to build on? Mr. Churchifick said yes. Mr. Brettel said there will be no improvement with the lighting and streets as far as Building E is concerned because that building has access on Macadam Road. Councilman Van Dusen said he believed before the development was built it was the intent of the Council that there should be no access onto Macadam. He said he hopes Staff looks into the development of Building E and see what happened. There was a developer's agreement that every- one would participate in the LID. Phil Fraser, Public Works Department, said staff would look into the agreements made at the time of the development. Enrique Mora, Southcenter View Apartments, said he did not like comments made about the developers. He said he was not aware of any agreements made with the City. Councilman Bohrer asked Mr. Mora if they, as developers, made the people aware that they would be part of the LID? Mr. Mora said he did not know, but he knew they were responsible developers. Councilman Bohrer said he did not wish to imply they were unfair. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 23, 1980 Page 4 PUBLIC HEARING LID #30 Contd. DISCUSSION Bill Bosler, D Unit, Southcenter Apartments, said it is the developer's who make the money on the project. As an individual owner he pays taxes, and in the case of the LID the owners are in the minority yet they are the ones who pay. They have no monetary gain to make from the LID. As a non resident condominium owner he would not like to have to pass the cost of the LID on to the rentor. Graydon Smith, audience, said the road that most of the condominium owners come in on he built and donated to the City. He said he protested the LID. Tukwila has the best Police and Fire Departments and the crime rate is very low. It is a good area subsidized by Southcenter. There being no further comments from the audience, Acting Chairman Phelps declared the Public Hearing closed at 8:05 P.M. RECESS MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE TUKWILA CITY COUNCIL 8:05 8:15 P.M. COMMITTEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. The Committee of the Whole Meeting was called back to order by Acting Chairman Phelps, with Council Members present as previously listed. Prop. Ord. estab. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE LID #30. ORDERING THE IMPROVEMENT OF PROPERTY ALONG PORTIONS OF SOUTH 152ND STREET AND 57TH AVENUE SOUTH AND ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 30 BE ON THE AGENDA OF THE JULY 7, 1980 REGULAR COUNCIL MEETING AND THAT STAFF PREPARE A REPORT INCORPORATING THE IDEAS THAT HAVE BEEN EXPRESSED DURING THE PUBLIC HEARING. Councilman Bohrer asked if there has been a traffic count along 152nd Street? Phil Fraser, Public Works Department, said traffic data has not been collected along the projected area. Councilman Bohrer said one third or one fourth of the City population lives on this street and uses it on a daily basis. It is, therefore, an important street. He said his other question was in regard to the removal of the hump in front of the La Vista Apartments. How was this to be done? Mr. Stanton said there was a rise of one and one -half to two feet that causes a sight distance problem. They will take an area of about 50 to 70 feet long, but the asphalt out and physically remove the dirt in the hump to level it out, go back with an asphalt mat and when the street is overlaid the whole section will be overlaid. Councilman Bohrer said then basically there will be no regrade on the entire street. The hump will be cut off and the rest of the street will be what is there at present. Councilman Bohrer said the statement was made that the street width on 57th was going to be 24 feet wide and 152nd will be 28 feet wide. Our City standards for residential construction say 30 foot minimum. Has the case been documented as to why the Council should improve these smaller streets? Phil Fraser, Public Works Department, said we are looking at the ability of this street to handle traffic and we consider two 14" wide lanes would be a minimum to carry the usage of this type of street which is densely populated. It would be "no parking" on both sides of the street. We have been concerned about providing adequate emergency access to that area. That was the reason for the moratorium. You just built a street up here on the hilltop that is about 28 feet wide and parking is permitted on both sides. There is concern about access of emergency vehicles on that street. No parking on either side of the street could be a very important consideration. Councilman Harris said the ordinance addresses the City Treasurer, which is not a correct title. It should be Finance Director. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 23, 1980 Page 5 Prop. Ord. estab. LID #30 contd. Prop. Ord. pro- hibiting danc- ing and /or music in cara- rets between 2 AM 8 AM amending TMC 5.08.010. Waiver request for Schneider Office Complex at 58th So. Interurban. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE BE AMENDED TO SHOW THE TITLE OF FINANCE DIRECTOR RATHER THAN CITY TREASURER. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Councilman Van Dusen, Chairman of the Public Safety Committee, said the Police Department had gathered information on this ordinance. He said he would like consideration given to a public hearing at the Committee of the Whole Meeting. He said Sergeant Robinson gathered much of the information that was used in the survey. Sergeant Robinson said he had just completed a turn on the night shift. He said the entire graveyard shift was called to break up fights at the night establishments where dancing takes place. The full shift was assigned to an emphasis patrol on Friday and Saturday nights. They documented the problems. In one weekend 42 arrests were made in 4 hours which averages 1 arrest every 6 minutes, There were all kinds of arrests opening and consuming alcohol in public, use and sale of drugs, fights, a gun was taken from a man planning to use it. The citizens are being endangered by these acts. Sergeant Robinson said the Riverside Inn has asked for a copy of the report. They are going to send it to the Washington State Liquor Board. Sergeant Robinson said if the City is going to take a long time to enact this proposed ordinance they should fund overtime to take care of the problem. The other choice would be to ignore the Riverside. Councilman Harris asked the City Attorney if taverns have to close at 2 a.m.? City Attorney Carlson said they must close at 2 a.m. Places may remain open when they serve food. Those having a dance floor should close at 4 a.m. They cannot sell liquor after 2 a.m. Mayor Todd said an establishment cuts the sale of liquor at 2 a.m., but the people run out to their cars to drink. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE PROHIBITING DANCING AND /OR MUSIC IN CABARETS BETWEEN 2 A.M. AND 8 A.M. AND AMENDING SECTION 5.08.010 OF THE TMC BE ON THE AGENDA OF THE JULY 14, 1980 COMMITTEE OF THE WHOLE MEETING AND A PUBLIC HEARING BE HELD AT THAT TIME. MOTION CARRIED. Councilman Van Dusen said the Polio Department is going into the red to pay overtime for patrol. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PREVIOUS MOTION TO PUT THE PROPOSED ORDINANCE ON THE JULY 14, 1980 COMMITTEE OF THE WHOLE MEETING BE RECONSIDERED. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE PROHIBITING DANCING AND /OR MUSIC IN CABARETS BETWEEN 2 A.M. AND 8 A.M. BE ON THE AGENDA OF THE JULY 7, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Mark Caughey, Planning Department, stated the property is located within the Interurban Avenue Corridor area and is currently vacant. The applicant intends to develop three double floor office buildings set in a campus -like complex. The waiver application is mandated by the comprehensive plan, since the project has direct frontage on the Green River which is an environmentally sensitive area. The project will be developed in phases. Two alternative site diagrams are provided. One assumes vacation by the City of the existing Maule Avenue right -of -way, while the other preserves and improves Maule Avenue frontage of the site for future public roadway usage. The project intends to incorporate use of Maule Avenue as an access and parking corridor within the overall site design. Alternative 2 would allow the City to reclaim its use as a ,thoroughfare at a future time with minimal modification. Relocation of some of the parking stalls fronting on Maule Avenue might be necessary if the City were to intensify its usage. Mr. Caughey said the Community Affairs Committee recommended that a proposed land exchange on this site between its Maule Avenue frontage and its riparian lands be TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 23, 1980 Page 6 Waiver request for Schneider Office Complex at 58th So. Interurban contd. erg, rejected. This recommendation was advanced in part by the desirability of creating a bicycle path on Interurban Aveneue within the Maule Avenue corridor. He said staff suggests that Council reassess this position, noting that a bikeway system of adequate width can probably be developed on the east side of Interurban within the existing right -of -way and through public acquisition of the remaining unsold portions of the Puget Power corridor. Mr. Caughey said Staff recommendation was the approval of the waiver with the stipulations that the applicant be directed to petition the City for vacation of that portion of Maule Avenue adjoining the boundaries of the site, and the applicant grant to the City an easement for trail construction within the 40 foot wide river zone specified in the Shoreline Master Plan. Councilman Johanson said the current plan is about 15 parking spaces over that required, does that include Maule Avenue? Mr. Caughey said there are no parking spaces on Maule Avenue. In both plans Maule Avenue functions as the aisle space or back -up space serving the parking spaces. Councilman Bohrer asked if the current right -of -way on Interurban is 70 feet? Mr. Caughey said it is. Councilman Bohrer said if we were to try and develop a system that has four lanes plus a turning lane plus a sidewalk on the other side of the street, the current City ordinances would require us to have 60 feet, and the sidewalk on the one side and the sidewalk on the other leaves no space for bicycle path or landscaping. Mr. Caughey said that is correct. You would gain some of that back if you were to cut your travel lane to 11 feet and possibly reduce your turning lanes to 9 or 10 feet, but it would be tight. Councilman Bohrer said in looking at the plans and the parking configuration proposed along the frontage that is along Interurban Avenue that it would be possible to design a more efficient parking configura- tion if Maule Avenue were not present. It was his recommendation that we continue with the recommendation of the Community Affairs Committee and trade Maule Avenue for the frontage on Interurban. The applicant could not build buildings over Maule Avenue but they could use it for parking. Using it in that fashion would make it more useable to him. Mr. Caughey said the Shoreline Act provides the first 40 feet landward from the high water mark no development is permitted except picnic tables or recreation equipment provided by the public sector. The first 100 feet landward of mean high water permits structures up to 35 feet, the second 100 feet, or total of 200 feet from mean high water the development bulk and height regulations are as per existing zoning. You have zero construction for the first 40 feet, 35 foot height limitation in the next 60 feet and then whatever zoning permits in the last 100. That would propose to be changed under the new draft 3 zoning ordinance that is being reviewed by the Planning Commission. That 40 foot no development zone would be increased to 50 feet and within the first 100 feet the height limitation prevailing would be 18 feet as opposed to 35. Those regulations are not on the books, but are in the talking stage. MOVED BY HARRIS, SECONDED BY HILL, THAT THE WAIVER REQUEST FOR SCHNEIDER OFFICE COMPLEX LOCATED AT APPROXIMATELY 58TH AVENUE SOUTH AND INTERURBAN AVENUE BE ON THE AGENDA OF THE JULY 7, 1980 REGULAR COUNCIL MEETING. Councilman Van Dusen said the Council would have to consider which alternative proposed by the applicant was favored by Council. The provisions for sidewalks on Interurban, does that come into the picture? Mr. Caughey said under the ordinance that the Council recently adopted there must be an 8' wide sidewalk. You should note that where the triangular open space green area is on both plans very near the front of the project there is a sidewalk provided. Acting Chairman Phelps said she understood that if the applicant applies for a vacation of Maule Avenue then that would determine which plan the Council will be looking at. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 23, 1980 Page 7 Fa? Waiver request for Mr. Caughey said he thought it would be up to Council to decide which Schneider Office plan is used, based upon what Council wants to do about Maule Avenue. Complex contd. Councilman Johanson said if the Council encourages this type of construction use in the form of offices, we should provide good bus facilities, hoping that they would then bus themselves to the location. For that reason he said he was reluctant to give up Maule Avenue. Councilman Bohrer gave a status report, from the Community Affairs Committee discussion, on the Interurban Avenue plans. He said the Puget Power right -of -way in front of the property being discussed has an option to buy. Councilman Harris said possibly a trade could be made for the 20 feet of Maule Avenue. Councilman Bohrer said he would agree with that thought. He was uncertain that the City needs the 20 feet. Some provision for bus turn -outs would be appropriate if we do not have adequate right -of -ways to serve that end. It would seem that some additional 10 feet would be adequate for landscaping, subject to final design concepts. Locally, in the area where we currently have the bus stop the full twenty feet to provide capability of having the sidewalk and bus turn -off would be appropriate. He said he was uncertain as to the dimensions in detail in all of those areas. Acting Chairman Phelps asked for the width of the right -of -way in front of Maule Avenue on that property. Mark Caughey said he was not sure, but it looked like 70'. Councilman Hill said he was figuring if the City had an additional 10' there we could have landscaping and bike trail. Acting Chairman Phelps said that was the intent of the Committee. Mayor Todd said he is part -owner in the piece of property being dis- cussed. Mr. Schneider has prepared the documentation. He said he would first address the Council as to whether or not he would consider a trade for a portion of riverbank for the use or ownership of Maule Avenue Maule Avenue is 20' wide its full length, no one has ever developed any part of it, except the Riverside Inn uses it for parking. It has a main sewer line down the center which, were someone to acquire it, they could not abandon the easement for sewer maintenance. Maule Avenue is not worth what you propose for the frontage. The Metro Bus Company has been for some time encrouching on Puget Power right -of -way which we have an option to purchase and will exercise. The bus stop is tres- passing on Puget Power property. We own the 207,000' east of Maule Avenue. Note there is a City park proposed on the north end of the pro- ject 72 wide that extends from Maule Avenue to the river, which would fit in well with the scheme to assume some ownership in the river bank for public use. The fact that it is river bank does not indicate that anybody and everybody can trespass on it. It is private property and as such it seems good judgment to connect that portion of recrea- tional property to the park. That was the reason for the original indica tion that he was interested in any kind of a trade with the City. He said the other party and himself were not interested in any trade of the frontage for Maule Avenue on a one to one basis because there is not that value in Maule Avenue. There is a sidewalk and landscape strip proposed along Maule Avenue. Councilman Bohrer said he had no objections to a private developer doing all of that if it can be done to City standards. It seems like it might be better to move the sidewalk out and use the land for other purposes. Councilman Harris said she liked the development very much and it is in theme with the City hopes for Interurban Avenue Corridor. We want people- motivated development rather than trucking, etc. Mayor Todd said someday, in his opinion, Maule Avenue will be abandoned either by law or because it has never been developed. Councilman Bohrer said he thought the project in general is what the City would like to see happen there on Interurban Avenue. He said he felt there should be room for some kind of a trade. He said he felt the difference between what the property owners have drawn and what the City has discussed are quite minor. *MOTION CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 23, 1980 Page 8 Ltr. from Pac. Townhouse Buil- ders and Park Pl. Dev. *MOTION CARRIED, AS AMENDED. Mayor Todd said Item 10 on the regarding a letter he received He said he was not prepared to until the signer or originator Mr. Sudderth said the fill was to be of 155th or 255th which is a totally Todd asked if the fill to be brought in the swamp. He said Mr. Dally and when they met with him in the office MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE CONSIDER ITEMS NINE AND TEN OF THE AGENDA AT THIS TIME. MOVED BY VAN DUSEN, SECONDED BY BOHRER, TO AMEND THE MOTION AND CONSIDER THE 1979 STREET IMPROVEMENT PROGRAM AT THIS TIME. MOTION CARRIED, WITH JOHANSON AND HILL VOTING NO. agenda is a proposed discussion from Dan Saul dated June 20, 1980. discuss the contents of the letter of the letter was present. MOVED BY HARRIS, SECONDED BY HILL, THAT ITEM 10 (DISCUSSION ON THE PARK PLACE DEVELOPMENT) BE DELETED FROM CONSIDERATION AT THIS TIME AND CONSIDERED IN ITS REGULAR SEQUENCE. MOTION CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE LETTER DATED JUNE 11 FROM PACIFIC TOWNHOUSE BUILDERS BE ON THE AGENDA OF THE JULY 7, 1980 REGULAR COUNCIL MEETING. Councilman Harris said letters dated June 11 and June 16 requested the Council extend the deadline for the start of construction of "Sunwood" Phase II (remaining 88 condominium units) to August 7, 1981. Mayor Todd said the letter of June 11, 1980 uses economic reasoning for an extension of time and the June 16, 1980 letter requests the relocation of the fire lane. Acting Chairman Phelps said she thought the City Council would like the opportunity to speak with the developer. The request for 12 month extension is separate from the request for relocation of the fire lane. Ron Sudderth, 1450 114th Avenue SE, Bellevue, said he was one of the four owners of Pacific Townhouse Builders. He said he had sold his interest in the Tukwila property only. He had no knowledge of the letters that had been written and felt discussion on them should be deferred until the writers were here to defend themselves. He said promised payments on his share of the Tukwila property have not been made to him. He said he realized it would be cheaper to construct the fire lane along the northerly boundary of the single family property. But that is not the planning that the developer had approved and granted by the City. Mayor Todd said when Mr. Sudderth and Mr. Dally were in his office they alluded to the fact that Mr. Sudderth was going to be heir apparent to thse six single family lots, and as he recalled the conversation Mr. Sudderth did agree that the low area in the single family zoned property needed fill and that was the logical place to put it and you were going to get it free from your other so- called partners. placed below the elevation line different configuration. Mayor down the hill was to be placed Mr. Sudderth had difficulty agreeing Don Sipes, 14961 62nd South, said he owned the property just north of the property in question. He said they supported the development because they thought it was adequate for this property. He said he had several concerns. First, he would like to ask the status of the occupancy permit? Mayor Todd said it was his understanding that unless the 6 lots are fully developed and improved they cannot get an occupancy permit. Darlene Sipes, 14961 62nd South, said they sat through the hearing on this zoning. The developers were to account for every tree. They have just come in with a bulldozer and completely denuded the land. She said she was embarrassed that they supported the project. They had left up a couple of tall firs, which they subsequently cut down. There have been cars and motorcycles down there and it is nothing like they said it was going to be. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 23, 1980 Page 9 Ltr. from Pac. Townhouse Buil- ders Park P1. Dev. cont. Councilman Van Dusen asked Mr. Sudderth if they were the developers who presented the original proposal. He asked if they bought the property from the Boeing Engineers Associates? Mr. Sudderth, said they had bought the property. After the plans were approved the property was acq- uired by Pacific Townhouse Builders. Mayor Todd asked when Mr. Sudderth and his partners acquired the property from the people who had the permits did you not then have 25% of the equity? Mr. Sudderth said yes. Mayor Todd asked Mr. Sudderth if he would not then have 25% obligation to the City. Mr. Sudderth said he sold his interest in all of the Tukwila property._ Mayor Todd said he did not see how that land could be developed without completely desecrating the landscaping and the elevation. Mrs. Sipes said the people who developed the property walked it and it was analyzed and surveyed. They knew very well what the problems were with it before they committed themselves. Councilman Bohrer said he would like to clarify the fact that Mr. Sudderth purchased the single family area and he had no part in the pre- construction, whether it is grading, clearing, or whatever. Mr. Sudderth said that was correct, but he would like to explain one point and that is that the agreement that he had with the Department Head is very specific in that the single family plat has approval on a preliminary basis through the planning and development process. He said his partners approached him last fall in an effort to save some money, and asked if he would object to the relocation of the fire lane and the creation of an extra lot by changing the cul -de -sac access to it. He said he told them that would be up to the City to approve it. Councilman Bohrer said these letters, like most of those received from Mr. Dally do not make sense. Regardless of what the current supply of houses is by the time that he can do any construction on them both the supply and the demand and the interest rates are going to change substantially. So to base the decision on what he perceives the current situation is, is totally misleading. By the time he can construct interest rates may be up to 20% or down to 10 *MOTION FAILED, WITH HILL AND HARRIS VOTING YES. MOVED BY BOHRER, SECONDED BY HILL, THAT THE ITEMS PERTAINING TO THE PACIFIC TOWNHOUSE BUILDERS DEVELOPMENT BE PLACED ON THE JULY 14, 1980 COMMITTEE OF THE WHOLE AGENDA. Mrs. Sipes said dirt has been moved about on the property and the vegetation has been removed. Councilman Bohrer said the Council by motion at last week's meeting requested Administration place a stop -work on further construction on the fire lane. In the agenda package we have a letter from Mr. Todd in which he says he refuses to execute a stop -work on that fire lane, in fact he says that is the decision of the Building Official and he does not have the legal authority to countermand the decision of the Building Official. He asked Mr. Todd if it was his intent to maintain that position. Mayor Todd said he thought he did not have any choice. The Council passed an ordinance adopting the Uniform Building Code. The Uniform Building Code clearly states who the responsible official is. He said he cannot direct any Department Head who has exclusive authority to make a decision to change it. He said that is why he takes that position. If the Council, when passing the zoning ordinance, had made some remarks about repealing the authority of the Uniform Building Code it would have been fine. Acting Chairman Phelps asked apart from the scope of the Uniform Building Code, how about the violations of the zoning ordinance itself, not related to the Building Code. Mayor Todd said he did not know they had violated the zoning ordinance, they had a fill permit. Last week it was stated they were up there digging without a permit. That is not the case, they had written permission from Al Pieper to proceed to place fill in that low area. In some ways this decision also came from the Acting Planning Director. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 23, 1980 Page 10 Ltr. from Pac. Townhouse Buil- ders Park Pl. Dev. contd. Councilman Bohrer said there is no mention of clearing and grading which occurred. Mayor Todd asked how you can move dirt without disturbing the ground you are moving it over. Councilman Bohrer said they were never authorized to clear or grade. The ordinance specifically prohibits clearing and grading without express approval. Councilman Bohrer stated Mr. Pieper reports to the Mayor and he asked if the Mayor had indicated his desire to him on this particular matter. Councilman Hill suggested Mr. Pieper give an opinion of his feelings about the administration of the ordinance. Al Pieper, Building Official, said about 10 days ago Mr. Dally came into the office and showed him a copy of a letter from Pacific Townhouse Builders addressed to him in which he reiterated a little past history relative to agreements entered into with Mr. Stoknes. He asked him what would be required for a fill permit and /or grading permit on the site. The Acting Planning Director and Mr. Pieper asked him to what extent he wanted to fill. His comments were that he really did not want to fill he wanted to store some dirt and he did not choose to go to the expense of exporting dirt off the site and then a period of time later exporting dirt back to the site to do the necessary fill. It may come out as a fill and it may come out as dirt storage. The end product of it was that after discussing it with him I told him he could proceed to move dirt on site without a permit and if questioned as to whether or not he had authority to move dirt on the site Mr. Pieper would make a note on the letter that informed him that he was authorized to move dirt without a permit. He was not authorized to install a fire lane. Mr. Pieper said he had no right to grant him that authority. He was not authorized to change water tables, or anything of that nature. He was authorized to move and store dirt on site, which he has done. As Mr. Todd mentioned it is impossible to clear and grade a site and /or move dirt and /or store dirt or do any tYPe of development on a site without disturbing the site, especially hillsides that are wooded. It takes some disturbing of the natural site. If the Council wants to pass an ordinance that says a hillside cannot be developed he said he would be happy to go out and red tag it. Acting Chairman Phelps asked Mr. Pieper if he had seen the agreements that had been made with Mr. Stoknes in written form? Mr. Pieper said he had heard they were written but he had not been able to find them. He thought they were verbal. Mr. Stoknes felt he had administrative latitude to make some minor adjustments to the site. To develop a site like that it is necessary for minor adjustments to be made. Mr. Satterstrom went up and made some minor decisions regarding the trees and the arranging of houses and driveways around a clump of trees. There is no verification that Mr. Stoknes gave them permission to move the fire lane. If there was approval it was verbal. Councilman Harris said in the ordinance reclassifying that piece of property, Section (F) says: "Planning Commission review of detailed site, elevation, and landscape plans to include building and landscape materials, etc." Has the Planning Commission reviewed the site and the elevation and how much fill will be needed. Mr. Pieper said they have not reviewed it but he could see no necessity for them to do so at this time. There is no proposal to go to the Planning Commission for review. There are no proposals for any specific locations for houses or elevations. There is nothing to review. Councilman Harris asked if there is a plan for the fill. That seems to be what is bothering everyone. Dirt is being dumped and no one has presented a plan. Mr. Pieper said Mr. Dally, in his conversation with him and Mr. Caughey, proposed to store dirt on two locations. One was near the fire lane access into Graydon Smith's project and the other one was down near the intersection of 151st and 59th South. It is intended to be dirt storage and is not intended to be a fill in any way. They intend to haul it back down and use it among their Apartment building for back fills and roads. Another problem that they have had is that they have run into some extremely huge rocks. He has an approval as to where to put his building. If he has a large rock lying where that building has to go and he takes out the rock and there is a tree standing on top of the rock and the tree has been designated to stay, then he has a problem. If there is going to be TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 23, 1980 Page 11 Ltr. from Pac. Townhouse Buil- ders Park Pl. Dev. contd. development, vegetation has to be disturbed. If it is not meant to be disturbed then an ordinance should be passed saying there will be no development. They have not submitted a plan for the development of Phase II which is the fourplex site. No occupancy permits are to be granted until the site is fully developed. He said he could see a problem if there is a change in ownership and the area is not developed at all, will we require that all of the condominiums, etc., remain empty? Councilman Bohrer said there seems to be confusion about the require- ments for occupancy. As he reads Ordinance 1071, Section 2(c), the second sentence says "A final plat of said R -1 district must be properly recorded prior to the issuance of any occupancy permit for any structure on the remainder of the 12 acre site." That doesn't say that you have to develop the streets or the utilities or anything else. It says you have to have a recorded final plat. There can't be a lot of expense in recording a final plat. Acting Chairman Phelps asked Mr. Pieper if he knew of any written docu- ment approving the relocation of the fire lane? Mr. Pieper said nothing has been relocated. The people doing the work are under the impression that they have approval to move the fire lane, given by Mr. Stoknes in December. They cannot move the fire lane without the Council approval. Running a dozer down the hill does not establish a fire lane. If they take out trees they are not supposed to they have to replace them with 12 foot plus conifers with approval as to where and how many. Councilman Bohrer said it sounds like an even trade to replace a two foot diameter 100 foot tree with a 12 to 14 foot 4 inch diamter tree. The issue of the tentative approval by Mr. Stoknes keeps coming back. The only thing written relative to this is in Pacific Townhouse Builders letter to Mr. Todd dated June 4. He said in a meeting withlCjell Stoknes (no longer the Planning Director) on December 6 he tentatively approved, it does not say he approved, the change in location with the stipulation of certain conditions. The questions are there is no written document to say Mr. Stoknes approved it. He is no longer with the City. If the development proceeded it appears that he proceeded on a non written agreement based on approval by a non -city authority. Whether you call it a fire lane or not it still violated several other provisions of the ordinance. He said he would say that the storage of fill on the site did not require any violation. It was feasibly possible to do the grading, the clearing that was done, do the filling totally within the context of the plan that the Council has previously approved. They could have cut the lane down to where single family cul -de -sac comes in, then cut down the location of that cul -de -sac and in that case no one would have been disturbed. But the fact that they sent us a letter that proposed to relocate the fire lane, that request went on the Council agenda for June 9, the Council considered it and referred it to the Public Safety Committee, they proceed to fill, grade, clear regardless of whether you call it a fire lane precisely in the configuration area of the fire lane that was they proposed. Mr. Pieper said the Council would have to approve or disapprove the relocation of the fire lane. Councilman Bohrer said the reason the restrictions were placed on the development was to provide an adequate buffer for the single family area that was one of the major concerns. By an action of the developer with no approval of City authority, he has materially damaged our capability of providing that buffer in the next 30 years. Mr. Pieper said he did not see it that way and did not agree. Mayor Todd said when Pacific Townhouse Builders came to him about a week ago he told them to write a letter to Council for their action. He said he did not think there was any written memo approving the relocation of the fire lane. Mr. Pieper said the site would be monitered. The fill is 15 feet from the Sipe's line. *MOTION CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 23, 1980 Page 12 Ltr. from Pac. Townhouse Buil- ders Park Pl. Dev. contd. Street Improve- ment Proj. Bids Review of Block Grant Programs Expenditures. OTHER Ltr. from Mayor re Public Safety Dept. ADJOURNMENT 11:30 P.M. c P3 Mr. Pieper said he was sure he could go up and tell them to stop work for about two weeks and they will be cooperative. Gary Merlino, audience, said there were four bid schedules on the recent Call for Bids. He was low bidder on the 100 calendar day bid versus the 80 calendar day bid. He said he could not understand why the Council should select the other firm when there were only 13 working days difference in the two bids. He said if the City wanted the job done in 80 days they should have put it at that time limit. Acting Chairman Phelps said Council President Saul had stated the bid award should stand as it was acted on at the Regular Meeting on June 16, 1980. MOVED BY PHELPS, SECONDED BY HILL, THAT ITEM 6, REVIEW OF BLOCK GRANT PROGRAMS AND EXPENDITURES, BE PLACED ON THE AGENDA OF THE JULY 7, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Mayor Todd suggested in his letter that a Public Safety Department, composed of the Fire and Police Departments, be created. Pat Lowery, Public Safety Officer, would be the Director of that Department. Councilman Van Dusen said at one time the Council had discussed a Public Safety Department. The Director would have to be someone that both departments respected. Mayor Todd said he felt Mr. Lowery had great leadership ability and he would like to see him employed in such a capacity. Councilman Johanson said he thought the Council should not create a job for an individual. MOVED BY VAN DUSEN, SECONDED BY HILL, TO CONSIDER THE RECOMMENDATION OF THE MAYOR TO CREATE A PUBLIC SAFETY DEPARTMENT AT THIS TIME. Councilman Harris said she could not see spending the citizen's money to create a job that would be over two top departments. *MOTION FAILED, WITH VAN DUSEN VOTING YES. MOVED BY HARRIS, SECONDED BY JOHANSON THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING ADJOURN. MOTION CARRIED. 4.d2AL,L-- Doris Phelps, Acting Chirman No Booher Recording Secretary