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HomeMy WebLinkAbout1980-07-14 Committee of the Whole MinutesJuly 14, 1980 7:00 P.M. CALL TO ORDER COUNCIL MEMBERS PRESENT DISCUSSION Sunwood Development (Pacific Townhouse Builders) TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING M I N U T E S Tukwila City Hall Council Chambers Council President Saul called the City Council Committee of the Whole Meeting to order at 7:10:26 P.M. GEORGE D. HILL, GARY L. VANDUSEN, DANIEL J. SAUL, Council Presi- dent, J. REID JOHANSON, DORIS E. PHELPS. APPROVAL OF MINUTES MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE JUNE 23, 1980 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. MOTION CARRIED. Council President Saul asked if anyone was present to discuss the Sunwood Development located at 62nd Ave. South and So. 151st. Council had just returned from an on -site inspection. Mr. Ron Sudderth, 21721 N.E. 29th, Redmond 98052, said that the minutes of the meeting of June 23rd reflect his position. The information he provided tonight was to prove that he is entitled to the six lot single family plat that is part of that planned unit development. If it is to be conveyed to the City for any purpose he is the one that has to do it. Unfortunately his expartners (Pacific Townhouse Bilders) have not furnished him a satisfactory agreement. Mr. Sudderth requested that the provisions of Ordinance 1071 be adhered to. Councilman Saul said it is their intent to follow Council and City Procedures and forward this item to the Planning Commission. Mr. John Woodley, Attorney for Mr. Sudderth, said the issue from a legal standpoint is that an ordinance has been passed allowing certain development to take place. That is to build condos on a certain piece of property with certain stipulations. One of those was that it would be done according to certain covenants given and agreements made. Based on this Council passed an ordinance saying the occupancy permit would be granted upon the completion and approval of the final plat. Now, dirt has been put on a place where it wasn't suppose to be, calling it "dirt storage No work has been done on the residential lots to get them in shape to get a final development. The City and Mr. Sudderth are waiting for compliance with the original ordinance. He asked what the Planning Commission would do if it were sent to them. Council President Saul said they are sending it back to the Planning Commission to have a review and approval of the plat plan. The Planning Commission has never seen Phase II and III. Mr. Woodley said right now Phase I is constructed and it is a question of occupancy. Council President Saul said it is his intention that the buildings not be occupied until the ordinance is complied with. This is per the Tukwila Municipal Code. Mr. Woodley clarified that sending it to the Planning Commission was for Phases II and III. Council President Saul noted it was also on the "dirt "storage" area. It needs to be addressed. Mark Caughey, Planning Department, explained that the developers have requested relief from certain conditions that were imposed under Ordinance No. 1071. One of the things they have to do to get occupancy on Phase I is finalize the plat of the single family residential portion of the project site. They would like to be relieved from this necessity. In order to change any con- dition of the existing zoning agreements on the property it will be necessary to hold a public hearing before the Planning Com- mission, have their recommendation reviewed by this Council and TUKWILA CITY COUNCIL, COMMITTEE OF THE WHOLE MEETING July 14, 1980 Page 2 DISCUSSION Cont. Sunwood Development (Pacific Townhouse Builders) Cont. finalized. The purpose in sending it to the Planning Commission is to modify the existing zoning conditions. Mr. Woodley asked how4His would take because there is a substan- tial liability with that dirt sitting on that ground. Mr. Caughey thought it could go to the August meeting. Councilman Hill asked if the final plat has to include streets, water, sewer and storm drainage. Fred Satterstrom, Planning Department, explained there are two options; construct the improvements or bond for installation. Councilman Hill asked if the fill would have to be completed. Mr. Satterstrom said that they would have to submit plans to the City to be approved by the Engineering Department. Councilman Hill asked if the fill would have to be either filled and compacted or allowed to sit for one year. Councilman Hill asked about the Fire lane. Mr. Pieper said fire trucks will never get into the project from S. 151st without the fill. Councilman Hill noted that if the fill has to sit for a year the buildings are going to sit empty. MOVED BY VAN DUSEN, SECONDED BY JOHANSON, THAT COUNCIL INSTRUCT THE APPLICANT TO FOLLOW THE PROCEDURE OUTLINED IN TUKWILA MUNI- CIPAL CODE 18.84.* Mr. Bob Scholes, SEA consulting engineers, representing Mr. Sudderth, said there are two concerns at this point. Number one, they have a hillside that has been skinned off, a considerable amount of dirt has been bulldozed down the side, it is not compacted. They are going to have some problems come winter with errosion. This could be a liability for his client. From the looks of the channel there is considerable drainage that moves through there. There needs to be some remedy for the conditions as they now exist. It is clearly within the City's jurisdiction to instruct those people to provide erosion control, sedimentation basins and to get started in that area. Mr. Scholes said there wasn't suppose to be any work where the stripping took place. There is an errosion problem. If it goes on until this winter there is going to be some damage. It is under the City's purview to force the issue and get the errosion problem taken care of. Councilman Saul said Council did try to stop the work and couldn't. Mayor Todd offered that they did stop after they were asked to stop. Councilman Hill said this looks like a discussion between two partners and he couldn't see why the City should get involved. Mr. Woodley explained that the partnership has dissolved with Mr. Sudderth taking the residential lots for development. Under Ordinance 1071 he is going to develop them as home sites with the fire lane going through where it was on the plat, with the road going through, with the lots where the dirt is "stored" as two developed lots. The expartner and developer have now decided there is a different way they want to do this. They want to wipe out the six lots and move the fire lane next to Mr. Sipe's pro- perty. The trees have been stripped on the buffer zone between the development and the Sipe property. This is an example of where you get a planned development, you get it under way and all of a sudden the plan gets chopped up. We do not want it changed, we want it done in accordance with the ordinance. Councilman Hill asked if the two lots where the fill is stored could have been developed without fill. Mr. Woodley said, abso- lutely. TUKWILA CITY COUNCIL, COMMITTEE OF THE WHOLE MEETING July 14, 1980 Page 3 DISCUSSION Cont. Sunwood Development (Pacific Development Builders) Cont. Grady Way Bridge Project. X113 Mrs. Darlene Sipe, 14961 62nd Ave. South, property adjacent to the development, said their primary concern is that the adjoining property is either a green belt, a park or an R -1. They don't want this to sit in a state of limbo so that someone can, at a later date, come back and ask for an upgrade in the zoning. Their secondary concern is that they do not want to be the victim of a drainage problem. They have no quibble over where the fire lane goes. Mrs. Sipe said, with all of the City officials that have been involved in this from the beginning, and everyone knew where the land was; now, two years later everyone is tremen- dously surprised at what a problem there is. Doesn't anybody know what they are doing? Councilman Johanson wanted it made clear that if the applicant wants any changes they must follow the Tukwila Municipal Code. Council is not requesting any changes, we are asking them to comply or go before the Planning Commission. Mr. Caughey explained that their request is to be relieved from the necessity to finalize the R -1 final plat. They have a pre- liminary plat approval now. If the Planning Commission agrees they don't need to finalize that portion of the project site, there is still the question of the secondary fire access. The issue is not to deal with the fire lane but to deal with the final plat. Then there are also two or three other matters. An area of concern to Planning Staff is who has title to this property. Who has authority to make the application? If Mr. Sudderth is the owner and wishes to proceed with the single family homes there may be no need for an appearance before the Planning Commission. Mayor Todd asked if it was Council's understanding that they do not have a permit for a fire lane in any location? Councilman Saul said they have no permits for Phases II and III. Mr. Caughey said the developer can come to the Building Department and apply for a Grading Permit to construct the extension of the cul -de -sac, fire lane, stake the property corners and do everything consistent with the preliminary plat that has been approved. This means he must submit a full set of plans for Public Works approval. Again, the question of title is clouding the issue. Councilman Saul asked what can be done? We want to stop what is going on now and get back to the first class development that was promised to us when they first came to us for a rezone. It is up to the developer to come to the City. *MOTION CARRIED. Attorney Hard said the City is faced with problems on two of the bridges within the boundaries and many of the questions are the same. The number one question is ownership of the Grady Way Bridge as well as the 56th Avenue Bridge. By all appearances the City does not own either one of them. Documentation on the Grady Way Bridge looks like it belongs to King County. The 56th Avenue Bridge looks the same. He said he hasn't seen anything yet that tells him the City has ownership. The next question is who has the obligation to maintain the bridges. It is quite clear that the County assumed the obligation on the 56th Avenue Bridge. This has some legal significance. With respect to the Grady Way Bridge, the railroad maintained the super structure and the County maintained the roadway. If the County is the main agency that has undertaken to maintain both the bridges, the City can argue that they are obligated to replace the structures. TUKWILA CITY COUNCIL, COMMITTEE OF THE WHOLE MEETING July 14, 1980 Page 4 Grady Way Bridge Project cont. RECESS 8:17 8:25 P.M. Proposed ordinance adopting certain statutes of the State of Washing- ton relating to motor vehicles and traffic: Letter concerning Sign Code changes The problem now is that the County isn't willing to pay for the whole thing, so the issue is, can they force the City to help pay for some of the replacement costs? He has not found anything of authority that says they can. For the Grady Way Bridge, there was earlier an agreement by Tukwila that they would help pay for a study. When that was completed, there was a resolution passed by both City Councils authorizing the Mayors to proceed with plans for the development. Councilman Van Dusen asked if the City feels morally obli- gated to do something on one bridge and how does it legally affect the City's position on the other bridge? Attorney Hard said they can be handled separately. Councilman Hill asked what happens to the grant applications if the obligation is the County's? Attorney Hard said it is a problem. It would depend on the grant agency. Mayor Todd said he has a letter dated September 27, 1978 to Terry Monaghan from Burlington Northern Railroad referring repair of the Grady Way Bridge and claiming it is their bridge. It is not legal for the City to spend money on a bridge that doesn't belong to us. Councilman Phelps said she agreed we should find out who the legal owner is, what involvement the railroad has and what involvement the County has, but she does not want to jeopar- dize the funding status. Attorney Hard said there is strong indication that the railroad has ownership interest in the bridge. Obviously they aren't going to do anything if the two cities are going to undertake the repair. This needs to be brought to the attention of the railroad. Attorney Hard suggested that it is in the best interest of both Tukwila and Renton to sit down and discuss the matter of ownership. Councilman Johanson noted that at one time the railroad went in and did some structural work on the bridge. Council President Saul declared a five minute recess. '41 Mayor Todd noted that there is a hazard under the east end of the bridge. He asked Council to authorize him to ask Attorney Hard to meet with the attorney from Renton and alert them to this question. MOVED BY JOHANSON, SECONDED BY VAN DUSEN, THAT THE MAYOR AUTHORIZE ATTORNEY HARD TO MEET WITH THE RENTON CITY ATTORNEY ON THE GRADY WAY BRIDGE PROBLEM. MOTION CARRIED. The Committee of the Whole Meeting was called back to order with Council Members present as previously reported. MOVED BY JOHANSON, SECONDED BY VAN DUSEN, THAT THE PROPOSED ORDINANCE ADOPTING BY REFERENCE CERTAIN STATUTES OF THE STATE OF WASHINGTON RELATING TO MOTOR VEHICLES AND TRAFFIC BE PLACED ON THE AGENDA FOR THE REGULAR MEETING OF JULY 21, 1980. MOTION CARRIED. Council received a letter from the Christensen Group, Inc. who would like to construct a Ramada Inn on West Valley High- way across from Longacres Way. They feel the Sign Code is too restrictive for their project and requested that Council consider changing it so that acceptable signs may be utilized. The letter was sent to the Planning Commission for input, then an ordinance was drafted for Council consideration. TUKWILA CITY COUNCIL, COMMITTEE OF THE WHOLE MEETING July 14, 1980 Page 5 Proposed Ordinance vacating strip of land north of Southcenter Blvd. and east of 52nd So. Proposed Resolution authorizing the Mayor to enter into an extension of banking services. Proposed Resolution authorizing the Finance Director to transmit Social Security per statuatory require- ments. Budget Transfer Motion Fire Fighters contract settlement *MOTION CARRIED. Proposed Ordinance This proposed ordinance will allow the Planning Commission to authorizing the act as a Board of Architectural Review on advertising signs. Planning Commission to act as Board of Architectural Review on Advertising Signs MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE AUTHORIZING THE PLANNING COMMISSION TO ACT AS BOARD OF ARCHITECTURAL REVIEW ON ADVERTISING SIGNS BE PLACED ON THE AGENDA FOR THE REGULAR CITY COUNCIL MEETING OF JULY 21, 1980.* Attorney Hard asked if there would be criteria for the Planning Commission to use when they sit as a B.A.R. Al Pieper, Building Official, said it will be up to the Planning Commission to decide if the signs conform to the intent of the code. Attorney Hard said he felt the ordinance needs to be very clear if they are going to sit as a Board of Review so that it could withstand a challenge in court. He offered to review it and suggest some changes. MOVED BY VAN DUSEN, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE VACATING A STRIP OF LAND 150 FEET BY 20 FEET, LYING NORTH OF SOUTHCENTER BLVD. AND EAST OF 52nd AVENUE SOUTH, BE PLACED ON THE AGENDA FOR1HE REGULAR CITY COUNCIL MEETING OF JULY 21, 1980. MOTTION CARRIED WITH HILL VOTING NO. Councilman Phelps said the banking services agreement had been reviewed by the Finance Committee and they recommend approving the extension for one year. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESO- LUTION AUTHORIZING THE MAYOR TO ENTER INTO AN EXTENSION OF THE CURRENT BANKING SERVICES AGREEMENT WITH PACIFIC NATIONAL BANK BE PLACED ON THE AGENDA FOR THE REGULAR CITY COUNCIL MEETING OF JULY 21, 1980. MOTION CARRIED. Shirley Kristofferson, Acting Finance Director, said the new Federal regulations require the City to deposit Social Security Funds within the first 15 days of each month. This has been handled quarterly up to now. The proposed resolution was recom- mended by the State Auditor's Office. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO TRANSMIT SOCIAL SECURITY PER STATUATORY REQUIREMENTS BE PLACED ON THE AGENDA FOR THE REGULAR CITY COUNCIL MEETING OF JULY 21, 1980. MOTION CARRIED. Mrs. Kristofferson explained that the Budget Transfer Motion in the amount of $78,686 is to cover the cost of the 1980 Fire Fighter Union Contract. MOVED BY PHELPS, SECONDED BY HILL, THAT THE BUDGET TRANSFER MOTION BE PLACED ON THE AGENDA FOR THE REGULAR CITY COUNCIL MEETING OF JULY 21, 1980. MOTION CARRIED. TUKWILA CITY COUNCIL, COMMITTEE OF THE WHOLE MEETING July 14, 1980 Page 6 Proposal Resolution authorizing the City's application for technical assistance. Budget Transfer Motion upgrade air conditioning system in com- puter room. Final acceptance of signal at 58th and Interurban Corrective improvements under street improve- ment projects: Eastwood/ Aldridge/ Ives. 4 (Ng" John McFarland, Administrative Assistance, reported that funding is available from the Federal Department of Energy through the Washington State Energy Office for local governments to be used for the purpose of obtaining technical assistance for determining economically feasible energy conservation measures that can be taken in city facilities. The City has three buildings that would qualify: The Tukwila Library, City Shops and Tukwila Community Center. The cost of an energy audit for these buildings is $6,500. The City must provide 50% of the funding. Councilman Saul said he felt $3,250 was too much just for an audit. The money could be spent on the materials to do the jobs. Energy conservation should be made one of the Council's goals. MOVED BY VAN DUSEN, SECONDED BY JOHANSON, THAT THIS ITEM BE TABLED. MOTION CARRIED WITH PHELPS VOTING NO. Mr. McFarland reported that shortly after we moved into new City Hall it became apparent that the air conditioning system in the computer room was not operating properly. Since then, it has been determined that it is inadequate to serve the needs of the room when both the Xerox and Burroughs machine are oper- ating. Bids have been received from three firms to upgrade the system. They need Council approval for the Mayor to enter into an agreement with Security Home Heating Co. Inc. which, inci- dentally is the highest bidder. The recommendation from Ted Uomoto, Public Works Director, justified the higher bid. The bid is in the amount of $6,423.30. Councilman Hill expressed concern about it not being done when the building was designed. They knew what was going in the room at that time. Councilman Phelps asked if the engineer (Stearns and Company) charged for his proposal for doing the study on the temperature in the room and Mr. Uomoto said he did. MOVED BY VAN DUSEN, SECONDED BY JOHANSON, THAT THE BUDGET TRANS- FER MOTION FOR UPGRADING THE AIR CONDITIONING IN THE COMPUTER ROOM BE PLACED ON THE AGENDA FOR THE REGULAR MEETING OF JULY 21, 1980. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY VAN DUSEN, THAT THE MAYOR BE AUTHOR- IZED TO COMPLETE THE CONTRACT DOCUMENTS IN LIGHT OF THE IMMEDIATE NEED TO CORRECT THE SITUATION TO AVOID DAMAGE TO THE EQUIPMENT. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL ACCEPT THE NEW SIGNAL LIGHT INSTALLED AT 58th AVE SOUTH AND INTERURBAN AVENUE. MOTION CARRIED. Phillip Fraser, Public Works Department, explained that there are three parcels of property along the City's street improvement projects which still need corrective improvements. The property owner, with the exception of Mr. Eastwood, are in general concur- rence with the proposed construction. Public Works Department recommends funds for construction of rockery and chain -link fence in the amount of $4,078 for the Eastwood property. The owner of the property would like a concrete wall with an ornamental iron fence which would amount to approximately $10,561. Public Works recommends the $4,078 and if the owner desires something different, he could provide the additonal funding. MOVED BY VAN DUSEN, SECONDED BY JOHANSON, THAT COUNCIL AGREE WITH THE RECOMMENDATION OF THE PUBLICS WORKS DEPARTMENT TO NO MORE THAN $4078 BE PUT INTO MR. EASTWOOD'S IMPROVEMENTS. MOTION CARRIED. TUKWILA CITY COUNCIL, COMMITTEE OF THE WHOLE MEETING July 14, 1980 Page 7 Corrective improvements under street improve- ment projects: Eastwood/ Aldridge/ Ives cont. Report on the 1980 Street Inspection Project (59th So.) Proposed Resolution authorizing the Mayor to execute an emergency medical services contract. Mr. Fraser said the required cost for constructing a rock retaining wall for the Ives' property is $3,289.00. The required cost for providing a three -foot high, fifty -foot long chain -link fence at 14116 56th So. (Aldridge property) is $346.00. The total of the three projects is $7,713.00. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL ACCEPT THE RECOMMENDATIONS FOR THE CORRECTIVE IMPROVEMENTS AS PRESENTED AND PLACE THE BUDGET TRANSFER ON THE AGENDA FOR THE REGULAR CITY COUNCIL MEETING OF JULY 21, 1980. MOTION CARRIED. Mr. Fraser noted that the work will be done by private con- tractors. aer 5/9 Mr. Fraser referred to a report on the 1980 Street Improvement Project design criteria. The Public Works Department requests that prior to proceeding with the final design stage, the Council discuss pertinent design criteria and grant appropriate waivers. Waivers to be considered are for: 1) Twenty -foot roadway width (So. 142nd St., 59th Ave. So.) 2) Twenty -eight foot width roadway with on- street parking on one side only (So. 144th St.) 3) Road grades up to 20% 4) Twenty -five M.P.H. and slower speed limits. They are also requesting a budget transfer based on the design criteria. Councilman Van Dusen asked Mr. Jon Stack, ST Engineering, about sight distances and curvatures. What are they based on? Mr. Stack said there are criteria set by the State of Washington for allowable speeds on certain streets for stopping and passing. These are calculated guidelines and the City should try to follow them. If there is a specific problem then you have to look at it and address the risks the City is willing to accept. On 59th, with the constraints; the widths and the curves that are there, you can not meet normal design criteria. You can not meet total site distances on the proposed new 59th, the hill is too steep. In these cases they try to mitigate the problem as best they can. In this particular project there is one garage that is a particular problem. The garage sits right on the property line. The plan right now is to just go ahead with the engineering phase of the project, set the plans and specs ready to go to bid in early 1981. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE BUDGET TRANSFER MOTION FOR THE 1980 STREET IMPROVEMENT PROJECT BE PLACED ON THE AGENDA FOR THE REGULAR CITY COUNCIL MEETING OF JULY 21, 1980. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESO- LUTION AUTHORIZING THE MAYOR TO EXECUTE AN EMERGENCY MEDICAL SERVICES CONTRACT BE PLACED ON THE AGENDA FOR THE REGU- LAR CITY COUNCIL MEETING OF JULY 21, 1980. MOTION CARRIED. Planning Department MOVED BY PHELPS, SECONDED BY JOHANSON, THAT THE ITEM OF EXTRA Extra Labor Account LABOR IN THE PLANNING DEPARTMENT BE REFERRED TO THE FINANCE AND PERSONNEL COMMITTEE. MOTION CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING July 14, 1980 Page 8 Funding Source for Police Vehicle Light Bar w /Speaker Interim Comprehen- sive Transportation Policy Plan Ad Hoc Committee recommendation. OTHER Mosquito Control 1981 Budget ADJOURNMENT 9:52 P.M. The Police Department is requesting Council approval to purchase a siren control head and public address speaker system for $550.71. They are short one due to the addition of the K -9 Unit to the present patrol unit fleet. Also, they are requesting permission to purchase a light bar with speaker. One of the present Patrol Units is without a vehicle light bar and it was decided the vehicle should be completely marked. The funding will come from the sale of a vehicle seized in a recent drug arrest. Should this funding source not come through, the Department would then ask for a transfer of funds from other sections of their 1980 budget. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE REGULAR CITY COUNCIL MEETING OF JULY 21, 1980. MOTION CARRIED. MOVED BY JOHANSON, SECONDED BY HILL, THAT THE REVIEW OF THE INTERIM COMPREHENSIVE TRANSPORTATION POLICY PLAN BE TABLED. MOTION CARRIED. Mayor Todd recommended that the 1981 budget contain funds for mosquito control. Mr. Chuck Wetzler said they have a severe problem on 56th. People cannot sit out in their yards. The problem is caused by a marshy area to the west of their homes. Mayor Todd said he would investigate the possibility of spraying the area. Councilman Saul said Council needs to start thinking about the 1981 budget. He suggested they meet with the Finance and Personnel Committee, Thursday, 5:00 p.m., to discuss guidelines for Department Heads to follow. EXECUTIVE SESSION MOVED BY HILL, SECONDED BY JOHANSON, THAT THE CITY COUNCIL GO INTO 9:38 P.M. 9:51 P.M. EXECUTIVE SESSION. MOTION CARRIED. The Executive Session was called by the City Attorney to discuss LID No. 29 and Contract No. 79 -03. MOVED BY HILL, SECONDED BY SAUL, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. MOVED BY JOHANSON, SECONDED BY HILL, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETIN ADJOURN. MOTION CARRIED. Dan au City Coun•' 1 Pr s-t 7' (2: Maxi e Anderson, City Clerk