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HomeMy WebLinkAbout1981-01-19 Regular MinutesJanuary 19, 1981 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL Election of Mayor Pro Tempore Southcenter Blvd. Request for appro- val to appropriate matching funds Regular Meeting M I N U T E S Mayor Todd, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, DORIS E. PHELPS, DANIEL J. SAUL, Council President, GARY L. VAN DUSEN. MOVED BY SAUL, SECONDED BY HARRIS, THAT COUNCILMAN JOHANSON BE EXCUSED FROM THE MEETING. MOTION CARRIED. LAWRENCE E. HARD, City Attorney; JOE MATHEWS, Acting Administrative Assistant; PAT LOWERY, Police Chief; MAXINE ANDERSON, City Clerk. MOVED BY HARRIS, SECONDED BY HILL, THAT THE MINUTES OF THE REGULAR MEETING OF JANUARY 5, 1981 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Current Fund Street Fund Water Fund Sewer Fund TUKWILA CITY COUNCIL Claims Fund Vouchers #8805 #8809 8805 -8806 8807 8808 8809 Claims Fund Vouchers #8810 #8850 Current Fund Street Fund Federal Shared Rev. Land Acq,Bldg,Dev. Water Fund Sewer Fund 8810 -8827 8828 -8833 8834 8835 -8836 8837 -8843 8844 -8850 Claims Fund Vouchers #8851 #8969 Current Fund Golf Crse. Spec. Rev. Street Fund Arterial Street Land Acq, Bldg, Dev. Water Fund Sewer Fund PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS 8851 -8940 8941 8942 8949,8929 8950 8951 8952 -8957 8958 8969,8934 3b .7 Tukwila City Hall Council Chambers 7,235.37 392.65 282.13 256.26 8,166.41 9,030.64 10,057.35 40.53 4,611.38 26,866.01 31,790.71 $82,396.62 $49,435.09 1,896.77 17,007.15 19,460.96 1,534.70 853.08 5,625.77 $95,813.52 Councilman Saul thanked the Mayor, Council and staff for their help and cooperation during his year as Council President. MOVED BY SAUL, SECONDED BY HARRIS, THAT GARY VAN DUSEN BE NOMINATED FOR COUNCIL PRESIDENT. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE NOMINATIONS BE CLOSED. MOVED BY HARRIS, SECONDED BY PHELPS, THAT A UNANIMOUS BALLOT BE CAST FOR GARY VAN DUSEN AS MAYOR PRO TEMPORE, MOTION CARRIED. Councilman Van Dusen thanked Council for their vote of confidence. Councilman Phelps reported that the Finance Personnel Committee reviewed the request for approval to appropriate City matching funds of $14,358 for the Southcenter Blvd. Project. TUKWILA CITY COUNCIL, REGULAR MEETING January 19, 1981 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Southcenter Blvd. Request for appro- val to appropriate matching funds (cont.) McAllister Condo- minium Waiver Criteria #1 Criteria #2 36 MOVED BY PHELPS, SECONDED BY HARRIS, THAT COUNCIL APPROVE THE RECOMMENDATION OF THE PUBLIC WORKS DEPARTMENT TO PROCURE THE APPROVAL FROM KING COUNTY TO USE $14,358 FROM FORWARD THRUST FUNDS.* Councilman Phelps said Council is only authorizing the Public Works Department to procure the approval from King County. *MOTION CARRIED. William McAllister has applied for a waiver to develop 58 condo- minium homes in 7 buildings from 2 to 16 units each. The property is owned by Robert Oldright. Councilman Bohrer noted that when Council was working on the Comp- rehensive Plan, Mayor Todd appeared before Council as the owner of this property. He asked the Mayor if he has sold the interest he had in this property. Mayor Todd said he sold the property 8 years ago. He has no financial interest in this property or the project. Councilman Bohrer asked the Mayor if he is still a partner of Mr. Oldright's on other business ventures. Mayor Todd said, no I am not. Mayor Todd expalined that he and Mr. Oldright jointly owned a piece of property which they sold about 3 years ago. Their con- tracts are separate and they own nothing jointly. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT COUNCIL VOTE YES ON CRITERIA NO. 1: Does the proposed action represent a unique condition Councilman Bohrer said it is not unique in terms of the surrounding area. There is another waiver before the Council on a contiguous piece of property. There are other properties that have come before Council for the same reason. The applicant's response is that the proposed site is unique because of its steepness and because of the current zoning problem. ROLL CALL VOTE: HILL YES VAN DUSEN YES, I do have problems with the steepness and the excavation. SAUL YES, the steepness is a problem; also, the access to the property is not wide enough. BOHRER NO HARRIS NO, staff report indicates the project is not uniquely suited. PHELPS YES, property has been identified on the environ- mental base map for special development consideration. *MOTION CARRIED: 4 YES; 2 NO. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA NO. 2: Is the proposed action significant in scale Councilman Bohrer noted the application states the site is 4.7 acres. It is the largest piece of undeveloped land in that neighborhood, so it is significant in scale. ROLL CALL VOTE: VAN DUSEN YES, I feel if this was a flat piece of property I would probably vote no. With the amount of environmental considerations, I will vote yes. SAUL YES, because of the destruction of vegetation. BOHRER YES HARRIS YES, due to the size of the project and the extensive environmental modification necessary. PHELPS YES HILL YES,I agree with staff. *MOTION CARRIED: 6 YES. TUKWILA CITY COUNCIL, REGULAR MEETING January 19, 1981 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. McAllister Condo- minium Waiver (cont.) Criteria #3 Criteria #4 307 9 MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT COUNCIL VOTE YES ON CRITERIA #3: Has the applicant shown that no reasonable alternatives are available which would not require a waiver ROLL CALL VOTE: SAUL N/A BOHRER NO, there are the alternatives of lower density that he has not really given adequate information to. HARRIS N/A PHELPS N/A HILL N/A VAN DUSEN N/A *MOTION FAILED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA NO. 4: If the request for waiver involves building, grading, clearing, excavation, or filling in a geographical area generally identified by the environmental base map as an area of high natural amenity or development constraint are sufficient miti- gating measures provided Councilman Bohrer said that he feels adequate mitigating measures have not been provided. He noted that Council inspected the site. Since there have been previousWOU) n gnalysis, he had done his own. The bulk of the buildings to the front of the site are located in areas that range from 40% to 60% slope. It is quite clear the buildings are being located on the steepest part of the entire site. He referred to the artist's rendition and noted that the view of the development will be buildings with a small amount of vegetation at the bottom. In terms of the grading involved, it is obviously going to be expensive. At an estimate of $450,000 for excavation there is an enormous amount of excavation to go on. It seems there are other alternatives in which the buildings might be arranged. One might be to take the buildings off the steep slope. Councilman Phelps said she doesn't believe any property in the Puget Sound area can be developed without some site disturbance. This developer has indicated he is willing to abide by the policies set forth by the City. The soils investigations and other attempts they have made indicate an effort toward good development. Mr. Loveland, representing the developer, said the $450,000 estimate for excavation does not necessarily represent the amount, but the type of excavation because there is a lot of rock there. Also, the artist's perspective is not from ground level. It is an aerial view. Councilman Harris said that from staff's comments and from their visit to the site, it looks like they are trying to get as many units as possible on the site and all the usable ground will be covered, leaving very little open space. There should be more active recreation space left. The site is too densily covered. Mr. Loveland commented that in developing, you have to meet a certain economic balance. Their preference would be to have more units. Councilman Hill said it looks like they were going to put the apartments on the steep slope and save the flat area. This makes sense. Councilman Bohrer commented, that based on 4.7 acres and 58 units, the site would have a density of 12 units per acre. However, if you look at the density of just the area being developed, it is 25 units per acre. TUKWILA CITY COUNCIL, REGULAR MEETING January 19, 1981 Page 4 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. McAllister Condo- minium Waiver (cont.) Criteria #5 Criteria #6 Criteria #7 ROLL CALL VOTE: BOHRER NO HARRIS NO PHELPS YES HILL YES VAN DUSEN NO SAUL NO *MOTION FAILED: 4 NO; 2 YES. 3 o Yo MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA #5: Is the request for waiver consistent with the goals and policies of the comprehensive land use policy plan Councilman Bohrer noted that the average slope of the road from the entrance to the southeast corner is 14.6 There are areas on it with a slope of 30 The loop road has areas of 20% slope. The applicant says the roads are 15% or less. The applicant also says no building on the property will be located on slopes over 20 The problem is visualizing what the development will look like. Council loses control after this process and the view of the development at this point is not very clear. Councilman Phelps said the way it was explained was that the buildings would fit the hillside. The access is from the back and goes both up to the upper units and down to the lower units. Mr. Loveland said all the access is mid level and from the west side. ROLL CALL VOTE: HARRIS YES PHELPS YES HILL YES VAN DUSEN YES, they made a good attempt. SAUL YES BOHRER YES, they seem to understand the policies. *MOTION CARRIED. 6 YES. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT COUNCIL VOTE YES ON CRITERIA #6: Do the requirements of this waiver ordinance impose a special hardship to this site ROLL CALL VOTE: PHELPS YES, this applies to every property. HILL N/A VAN DUSEN YES SAUL N/A BOHRER NO HARRIS N/A *MOTION FAILED. 2 YES, 3 N /A, 1 NO. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA #7: Would a grant of the waiver necessitate a major policy commitment prior to the adoption of the new zoning ordi- nance and map Mayor Todd asked if Council was aware that the land was zoned by contract. The zoning goes with the land. RECESS: 8:00 P.M.- MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL TAKE FIVE MINUTES 8:05 P.M. FOR RESEARCH. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING January 19, 1981 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. McAllister Condo- minium Waiver (Cont.) Mayor Todd called the regular meeting back to order with Council Members present as previously reported. Attorney Hard explained that the property, as it is now zoned, is very close to the way the Comprehensive Plan shows it so this is not really an issue. The primary reason this matter is before Council is not a zoning question, rather, it is an environ- mentally sensitive area. ROLL CALL VOTE: HILL NO, I don't feel it does. VAN DUSEN NO SAUL N/A BOHRER NO HARRIS N /A, I don't think we are addressing that here. PHELPS NO *MOTION FAILED. 4 NO, 2 N/A MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL APPROVE THE PRELIMINARY WAIVER AS SUBMITTED.* Councilman Bohrer reviewed the results on the criteria votes, 2 N /A, 2 FAILED, and 3 CARRIED. The site is being shown for a much too intense development considering the slope. Access to the site and fire protection need to be discussed. The site can- not be reached from Southcenter Blvd., making fire protection diffi- cult. During the winter, getting in and out could be a problem. I am not in favor of the proposal as submitted. Councilman Phelps said Council has the responsibility of enforcing the City's laws as they apply to developments and, at the same time, I think we are going to have to start becoming a little more innovative on how to handle development on certain pieces of property and look at other methods of construction and see other things that make the building applicable to the site specifically more than to general codes. Councilman Harris agreed that we do have to look at the particular site because we have very few that are flat. If they are going to be developed, we will have to look at innovative methods. This one, however, is being too intensely developed. There are too many units being planned, and I think the waiver should be denied as it now stands. Councilman Hill noted this development is using the flat area around the buildings rather than putting the buildings on the flat area, so it would be possible to get fire equipment around them. Mr. Jim Stapper, with the development, said they have talked to the Fire Department and have agreed to install fire sprinkler systems in the buildings. Councilman Bohrer noted that is not Council's prerogative to design a project. We have all made suggestions. The waiver process also addresses the policy in terms of developing the City. In some respects, it is Council's interpretation of the policies of the Comprehensive Plan. Councilman Van Dusen said he feels the medium density will go on the site. It is not a site for single family homes. Engineers can do almost anything. The site development is a little too intense. With a little creativity on the developer's part, we can get an appropriate building placement. Councilman Bohrer noted there is a problem with the location of the west property line that is still to be resolved. Councilman Harris said multi dwellings are a good use for the site, but their proposal has too many units in one row to make it safe. ROLL CALL VOTE: HILL NO VAN DUSEN NO SAUL NO BOHRER NO HARRIS NO PHELPS YES, my concerns will be handled through the building permit process. 3o I TUKWILA CITY COUNCIL, REGULAR MEETING January 19, 1981 Page 6 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. McAllister Condo- minium Waiver (cont.) *MOTION FAILED. 308a- Williams McAllister, owner /applicant, explained that he purchased this property from Robert Oldright with contract zoning on the property. Under this zoning, 120 units are allowed. He asked At- torney Hard what this means to the City? What are the obligations of the contract zoning? Attorney Hard explained that any owner of property in the City who is proposing a development must conform to the zoning code and the building code. The waiver process in this case is triggered, not because of zoning classification, but because the property is located in an environmentally sensitive area. Mr. McAllister asked why the City would enter into a contract that specifically states 120 units could be built. I understood we could go directly to the building permit process. I feel I have a contract with the City, and I am telling the City Council right now that I intend to hold the City to this contract. We have been all through a waiver process and, to me, it is meaningless. Councilman Bohrer asked if the contract specifically says 120 units. Mr. McAllister said it mentions the two zoning classifications. Mayor Todd clarified that at the time the contract was signed, the zoning would allow 120 units on the site. Councilman Hill said, in the past, we have approved waivers subject to specific conditions. I think there are a few changes that should be made. Councilman Van Dusen said Council does not want to design the projects. We have laid out the things we have problems with. I think Mr. McAllister could get this off and going with a little creative change. Councilman Harris said one of the prime things right now is who belongs to the ten feet along the west boundary. Councilman Hill noted that their surveyor says there is 4.6 acres. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PRELIMINARY WAIVER IS APPROVED SUBJECT TO THE SPLITTING OF THE TWO LONG BUILDINGS MAKING NINE BUILDINGS INSTEAD OF SEVEN.* Councilman Hill clarified that he means unobstructed access be made through the buildings. Mr. Oldright said the City put the fence up so they wouldn't have to cut down any trees. They were informed at the time that they were on my property. We haven't asked to have the fence moved because it hasn't bothered us. Councilman Bohrer said reducing the number of units does not necessarily get the best development. There are some approaches to redesign that would be better. It could substantially reduce the number of trees that get cut, rocks that get moved, etc. The developer might be better coming back with a different approach rather than to have Council reduce the number of units. Mr. McAllister said they would be happy to do that. They have spent a lot of time and money on this. *MOTION FAILED WITH HILL VOTING YES. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE APPLICATION FOR PRE- LIMINARY WAIVER IS INCOMPLETE AND THAT COUNCIL REFER THE APPLICATION BACK TO THE APPLICANT FOR ADDITIONAL INFORMATION. MOTION CARRIED WITH HILL AND BOHRER VOTING NO. RECESS: 9:05 P.M.- MOVED BY BOHRER, SECONDED BY HILL, THAT COUNCIL RECESS FOR FIVE 9:10 P.M. MINUTES. MOTION CARRIED. Mayor Todd called the regular meeting back to order with Council Members present as previously reported. TUKWILA CITY COUNCIL, REGULAR MEETING January 19, 1981 Page 7 ORDINANCES Ordinance No. 1200 Reclassifying cer- tain lands from R- 1-12 to R-3 R-4 (Wynn rezone) Ordinance No. 1201 Reclassifying cer- tain lands from R- 1-7.2 to C -2 (Lutes Property) RESOLUTIONS Resolution #775 Approving design report prepared by consultants re- garding Grady Way Bridge project 30'3 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance reclassifying certain lands from R -1 -12 to R -3 and R -4 within the City of Tukwila as described in Planning Dept. Master File no. 80 -38 -R. (Wynn) MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT ORDINANCE NO. 1200 BE ADOPTED AS READ.* Councilman Bohrer said that the subject of slopes has been one of continuous discussion. A study he did shows that the building in the southwest corner has a slope of 32% at one end and 35% at the other. The row of buildings around the toe of the steep part of the hill are on slopes ranging from 32% to 42 There are only a couple of places where the slopes are lower than 20 The site is quite steep. The buildings, driveways and parking lots are all sited on slopes much steeper than the criteria Council has normally applied. Councilman Bohrer noted that the Planning Commission did not discuss the problem of slopes and suggested it be referred back to them for reconsideration. Councilman Harris pointed out Section 3 which requires the project go before the Board of Architectural Review and said Council did not need to spend time on this. Councilman Van Dusen expressed concern about the greenbelt area on the northeast. The development is tucked too close to the base of the hill. He suggested that Council limit the development to the 190 contour level. Councilman Harris asked why you would do this and Councilman Van Dusen said to keep the developer from excavating into the hill. Councilman Harris said she would rather the Board of Architectural Review took care of this. Councilman Phelps said this discussion is too detailed fora rezone request. *MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance reclassifying certain lands from R -1 -7.2 to C -2 within the City of Tukwila as described in Planning Dept. Master File No. 80 -30 -R. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT ORDINANCE NO. 1201 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Wash., approving design report prepared by consultants regarding Grady Way Bridge project. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT RESOLUTION NO. 775 BE ADOPTED AS READ.* Councilman Bohrer said the notification to the City of Renton that the Council has passed this resolution should mention that Council feels the walkway should be ten feet wide instead of six feet. The current roadway structure of the bridge, including the six foot walk- way, is designed for 100,000 pound tractor /trailer. There would be some economy to cantilever the walkway. *MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING January 19, 1981 Page 8 RESOLUTIONS Cont. Resolution #775 Grady Way Bridge Resolution #776 Increasing the salary grade schedule by 12 DEPARTMENT REPORTS MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Golf Course Green Fees 302P Li MOVED BY BOHRER, SECONDED BY HILL, THAT IN THE ACCEPTANCE LETTER TO THE CITY OF RENTON,COUNCIL EXPRESS THEIR INTEREST IN HAVING A TEN FOOT WIDE SIDEWALK AND CONSIDER ANY COST REDUCTION THAT COMES FROM CANTILEVERING THE SIDEWALK. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Wash., amending Attachment A of Resolution No. 614 identifying current position classifications and amending Attachment B of Resolution No. 720 by increasing the salary grade schedule by 12 MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT RESOLUTION NO. 776 BE ADOPTED AS READ.* Councilman Phelps reported that this item was considered by the Finance and Personnel Committee. They recommend that a 12% cost of living allowance be applied to the salary plan for the non represented employees and the Department Heads; also, to reinstitute the $5.00 a month longevity benefit after five years as has been negotiated back in the labor contracts. This effects only a few employees. It was not their intention that the $5.00 longevity be applied to the position of Department Head. They have discussed some other benefits that they may be able to extend to the Dept. Heads. The committee recommends that the resolution be adopted. Councilman Hill said it bothers him that it took three years to negotiate the longevity out and now it is all back in. ROLL CALL VOTE: BOHRER YES HARRIS YES HILL NO PHELPS YES SAUL YES VAN DUSEN NO *MOTION CARRIED. Mayor's Report Mayor Todd reported that the Tukwila Chamber of Commerce meets tomorrow at the new Marriott Hotel. He encouraged the Council to attend. Also, he encouraged Council to attend the Suburban Mayors Meeting, February 4 at the Doubletree Plaza. The final plans are being made for the return vitis to Ikawa -cho, March 30 through April 8. Finance Director's Acting Finance Director, Shirley Kristofferson, submitted a written Monthly Report of report. Interest income for the month of December, 1980, amounted Investments to $38,363.10 from the following activity: Investments Sold $4,193,000 Investments Purchased $4,373,000 Temporary Admin. Mayor Todd introduced Mr. Joe Mathews who will fill the position Assistant of Administrative Assistant for a temporary period. Councilman Phelps recommended that the subject of the green fees at Foster Golf Course be referred to the Finance and Personnel Com. MOVED BY PHELPS, SECONDED BY SAUL, THAT THIS ITEM BE REFERRED TO THE FINANCE AND PERSONNEL COMMITTEE. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING January 19, 1981 Page 9 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Allocation of funds in Inter- urban Ave. Cor- ridor Project ADJOURNMENT: 10:00 P.M. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE ALLOCATION OF FUNDS IN THE INTERURBAN CORRIDOR PORJECT BE REFERRED TO THE COMMUNITY AFFAIRS COMMITTEE. MOTION CARRIED. Councilman Harris reported that at the last meeting of the Subregional Council, Tukwila gained its Second Class Metropolitan Standing. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Mayer Cit erk 3 o2.5