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HomeMy WebLinkAbout1981-02-02 Regular MinutesFebruary 2, 1981 Tukwila City Hall Council Chambers 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL Executive Session, Special Meeting Called Golf Course Ir- rigation Project TUKWILA CITY COUNCIL Regular Meeting MINUTES Mayor Todd, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, GEORGE D. HILL, J. REID JOHANSON, DORIS PHELPS, GARY L. VAN DUSEN, Council President. MOVED BY JOHANSON, SECONDED BY VAN DUSEN, THAT COUNCIL MEMBER HARRIS BE EXCUSED FROM THE MEETING. MOTION CARRIED. OFFICIALS IN CARL CARLSON, Deputy City Attorney; SHIRLEY KRISTOFFERSON, Acting ATTENDANCE Finance Director; JOE MATHEWS, Acting Administrative Assistant; DON WILLIAMS, Recreation Director; MAXINE ANDERSON, City Clerk. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE SPECIAL MEETING OF JANUARY 15, 1981, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE REGULAR MEETING OF JANUARY 19, 1981 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY HILL, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Fund Vouhcers #8970 #9092 Current Fund 8972 -9061 $22,805.39 Golf Crse. Spec. Rev 9062 821.05 Street Fund 9063 -9072 3,430.70 Federal Shared Rev. 9073 2,506.19 Water Fund 9074 -9084 23,571.52 Sewer Fund 9085 -9091 19,308.31 Firemen's Pens. 9092 132.02 $72,575.18 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL CALL AN EXECUTIVE SESSION AT THE END OF THE MEETING TO DISCUSS A PERSONNEL MATTER AND CALL A SPECIAL MEETING AT 7:00 P.M., MONDAY, FEBRUARY 9, 1981 TO DISCUSS THE CONFIRMATION OF THE FINANCE DIRECTOR. MOTION CARRIED. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Claim for Damages: MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL DENY THE CLAIM Brad W. Libbey FOR DAMAGES FILED BY BRAD W. LIBBEY IN THE AMOUNT OF $226.52.* Joe Mathews, Acting Administrative Assistant, explained that the claimant was driving westbound on Grady Way and met the City of Tukwila's sanding truck. As the vehicles passed, Mr. Libbey's car was sprayed with gravel. Most of the gravel struck the wind- shield breaking it. Investigation by the Public Works Superintendent showed the department was sanding, but that a rock large enough to break a windshield probably would have jammed the machine. There was no negligence on the part of the City. *MOTION CARRIED. 7:10 P.M. COUNCILMAN HARRIS ARRIVED AT THE MEETING. Attorney Hard had prepared an agreement, for Council acceptance, between the City and Ohno Construction regarding the retainage from Ohno on the Golf Course Irrigation Project. It would allow the City to pay the retainage for the work on the equipment installed. Mr. Williams' memorandum asked Council to allow the Mayor to execute the agreement and to increase the project's budget to a total of $227,076 instead of the original $199,000. TUKWILA CITY COUNCIL, REGULAR MEETING February 2, 1981 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Golf Course Ir- rigation Project (cont.) Van Woerden De- veloper's Agree- ment (Tecton Prop.) 7:30 P.M. David Oak Condo- minium Waiver (SE corner of Canyon Estates property) Criteria #1 3 Councilman Bohrer noted that such agreements, in the past, have required a Resolution. Councilman Hill asked if a budget trans- fer is necessary to allow the expenditure of the additional funds. Mr. Williams offered that a Resolution and Budget Transfer would be prepared for the next meeting. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT THIS ITEM BE TABLED UNTIL THE NEXT COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. When the short plat subdivision on the Van Woerden (Tecton) property was approved, the developer was required to execute a developer's agreement to improve Christensen Road. In November, 1979, Council accepted the improvements. The developer's title company has asked that the developer's agreement be removed as a title encum- brance. Staff recommended that an appropriate resolution be pre- pared removing developer's agreement 7811080694 from the title record. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT COUNCIL APPROVE THE REMOVAL OF THE DEVELOPER'S AGREEMENT AS A TITLE ENCUMBRANCE AS REQUESTED BY THE TITLE COMPANY.* Councilman Bohrer asked what the appropriate document would be to accomplish this. Staff has suggested a resolution. Attorney Carl- son said he felt it could be done by simple motion; however, he would check with the Auditor's office to find out what they require *MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THIS ITEM BE TABLED TO THE NEXT REGULAR MEETING AND HAVE A RESOLUTION PREPARED. Attorney Carlson explained that when a title company is asked to insure the quality of the title for a particular piece of property, they have to look at all past legal documents. A lengthy developer's agreement, like this, that has a bunch of provisions puts the burden on the title company to be sure they have all been satisfied. If some remain, it could cause a problem with the title. Councilman Bohrer recommended that future resolutions accepting improvements state that all the conditions of the developer's agree- ment are satisfied if that is the case. Councilman Saul arrived at the meeting. *MOTION CARRIED. Mayor Todd explained that the waiver request filed by David Oak would permit him to develop a 3- story, l4 -unit condominium project on .38 acres of property located at the southeast corner of the existing Canyon Estates site. The site is currently zoned "RMH." However, the Comprehensive Plan calls for a "medium- density" de- velopment limit. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA NO. 1; Does the proposed action represent a unique condition?* Councilman Bohrer stated that there is a neighboring site that has requested a waiver, therefore, this site is not unique. ROLL CALL VOTE: HILL NO SAUL NO VAN DUSEN NO BOHRER NO HARRIS NO JOHANSON NO PHELPS NO *MOTION FAILED. 7 NO. TUKWILA CITY COUNCIL, REGULAR MEETING February 2, 1981 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. David Oak Condo- minium Waiver (SE corner of Canyon Estates property) (Cont.) Criteria #2 Criteria #3 Criteria #4 Criteria #5 MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT COUNCIL VOTE YES ON CRITERIA NO. 2: Is the proposed action significant in scale Councilman Bohrer noted that staff has some reservations about the project because of lot coverage and vertical height of the buildings. The size of the lot is .4 of an acre, therefore, it is not significant in scale. ROLL CALL VOTE: SAUL VAN DUSEN BOHRER HARRIS JOHANSON HILL YES, too big of a building for the size of the property. YES, I have problems with the space development vs. the height. NO. YES, because of the lot coverage. YES, building is significant to the lot size. YES. *MOTION CARRIED, 5 YES, 2 NO. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA NO. 3. Has the applicant shown that no reasonable alternatives are available which would not require a waiver ROLL CALL VOTE: VAN DUSEN BOHRER HARRIS JOHANSON PHELPS HILL SAUL *MOTION FAILED: 6 NO, 1 N /A. NO, one street width does not separate four plexes from 14 units. NO, there was an interim density that could have been discussed. NO, he has given no alternate proposal. NO, he has not shown alternatives. NO. NO. N /A. 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 basemap as an area of high natural amenity or development constraint are sufficient mitigating measures provided ROLL CALL VOTE: BOHRER N /A, agree with staff. This site is not in- dicated as environmentally sensitive. HARRIS N /A. JOHANSON N /A. PHELPS N /A. HILL N /A. SAUL N /A. VAN DUSEN N /A. *MOTION FAILED: 7 N /A. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA NO. 5. Is the request for waiver consistent with the goals and policies of the comprehensive land use policy plan *MOTION CARRIED: 4 YES, 3 NO. ROLL CALL VOTE: HARRIS YES, it does conform to the goals of the Compre- hensive Plan. JOHANSON NO. PHELPS YES. HILL NO. SAUL NO, because there are too many units for the property. VAN DUSEN YES. BOHRER YES. TUKWILA CITY COUNCIL, REGULAR MEETING February 2, 1981 Page 4 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. David Oak Condo- minium Waiver (SE corner of Canyon Estates property) (Cont.) Criteria #6 Criteria #7 MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA NO. 6. Do the requirements of this waiver ordinance impose a special hardship to this site ROLL CALL VOTE: JOHANSON NO, I agree with staff; the waiver process is not a hardship. PHELPS YES. HILL NO. SAUL NO. VAN DUSEN NO. BOHRER NO. HARRIS NO. *MOTION FAILED: 6 NO, 1 YES. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA NO. 7. Would a grant of the waiver necessitate a major policy commitment prior to the adoption of the new zoning ordi- nance and map ROLL CALL VOTE: PHELPS NO, don't believe this would necessitate a major policy change or commitment. HILL NO. SAUL NO. VAN DUSEN NO. BOHRER NO. HARRIS NO. JOHANSON YES, not necessarily a major policy commitment but I am still bothered by the density level. *MOTION FAILED: 6 NO, 1 YES. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PRELIMINARY WAIVER IS APPROVED AS SUBMITTED.* Councilman Van Dusen read, for the record, a letter Council had received from Wendy Morgan, 15144 65th Ave. So. Ms. Morgan ex- pressed concern with any possible construction on adjoining property which can impact the already crowded parking situation and with the traffic on South 154th St. which is quite busy now. 3095 Ms. Eloise Schumacher, 15144 65th Ave. So., #418, said she is a member of the Board of Directors at Canyon Estates. She ex- pressed concern about the proposed development for the same reasons stated in Ms. Morgan's letter. The traffic on South 153rd, the parking problem and also, there is a problem on the hillside with the bank sluffing off. A development, such as this, could contribute to the problems. They are not in favor of such a high density development on the site. *MOTION FAILED. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE PRELIMINARY WAIVER BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: THE BUILDING BE LIMITED TO 25 UNITS PER ACRE.* Mr. David Oak, applicant, said that their proposal does meet the requirements. The property is now zoned RMH which would allow 33 units. The Comprehensive Plan shows it as an R -3, but their pro- posal still meets the lot coverage requirement. They meet all the requirements for recreation space and parking requirements with the 14 unit proposal. Mayor Todd asked Mr. Oak if he said, at the prior meeting, that 10 units was the alternative. TUKWILA CITY COUNCIL, REGULAR MEETING February 2, 1981 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. David Oak Condo- minium Waiver (SE corner of Canyon Estates property) (Cont.) ORDINANCES Proposed Ordinance To add Council confirmation Proposed Ordinance Transferring funds to allow for the purchase of a defibrillator `3096 Mr. Oak, explained that staff has recommended 10 units. It works out to 9.62 units. This proposal eliminates one of the bays on the building which, in turn, eliminates the covered recreation area and also the end garages. Councilman Bohrer asked if the land option has lapsed and Mr. Oak said they have negotiated an extension. Councilman Phelps ex- plained that the motion does not allow 25 units on the site. It allows 25 units on a whole acre. This would mean 9 or 10 units. Councilman Bohrer noted the recommendations and findings in the staff report. It recommends 24.9 units per acre and notes height, yard, and bulk standards. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE MOTION BE AMENDED TO SAY THAT THE PROJECT IS APPROVED SUBJECT TO THE FINDINGS AND RECOM- MENDATIONS OF THE STAFF REPORT. MOTION CARRIED WITH VAN DUSEN VOTING NO. Recommendation: 1. Maximum residential density shall not exceed 24.9 units /gross acre. 2. Height, yard and bulk standards contained in Chapter 18.16 of of the Tukwila Municipal Code shall govern the design and construction of the project. Findings: 1. It is the intent of the City Council to limit the density level for this 0.38 acre site to the same level as that existing on the adjacent "Canyon Estates" project (24.9 D.U. /AC), since this site is closely aligned in use and geographic location with "Canyon Estates." 2. To accomplish the intent of the Comprehensive Plan which seeks to limit the visual character of this site and its surroundings to that of "medium- density" development, and since "R -3" is that most permissive zoning standard under which multiple family projects can be built in "medium- density" use areas, the height, setback, bulk and area standards of the "R -3 zone" (TMC 18.16) are judged to be the maximum development criteria allowable for this site. *MOTION CARRIED TO ADOPT MOTION AS AMENDED. Mr. Oak asked for a clarification if this meant 9 or 10 units. Councilman Bohrer noted the recommendation reads "the density shall not exceed 24.9 units." When you calculate this, 10 exceeds the density. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT 10 UNITS BE ALLOWED. MOTION CARRIED WITH BOHRER VOTING NO. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT ITEM 7A BE TABLED AT THE REQUEST OF THE CITY ATTORNEY.* Council President Van Dusen said the ordinance might create some procedural problems. This may need to be discussed in executive session. *MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Atty. Carlson read: An ordinance of the City of Tukwila, Wash., transferring funds to allow for the purchase of a defibrillator and amending Ord. No. 1197. TUKWILA CITY COUNCIL, REGULAR MEETING February 2, 1981 Page 6 ORDINANCES Cont. Proposed Ordinance Transferring funds to allow for the purchase of a defibrillator (cont.) RECESS: 8:30 p.m. -8:30 p.m. 3097 MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilman Bohrer asked if there was money in the Fire Equipment Fund. Mrs. Kristofferson reported there is about $200 in the fund. It will be the end of the year before the $20,000 is in the fund. Councilman Bohrer suggested that when adequate funds are received, the Contingency Fund be repaid. Councilman Saul said he wants to do as much for the citizens as he can, but Council has to start somewhere in cutting expenses. He said he would like to see the Defibrillation Program handled by private enterprise. Councilman Phelps said she is concerned about taking the money out of the Contingency Fund. She does not want to deplete the fund with the condition the Budget is in this year. This is why I suggested an interfund loan to reimburse the Contingency Fund. Mrs. Shirley Kristofferson, Acting Finance Director, suggested that the machine could be paid for out of Federal Shared Revenue. She received information today that the City will be receiving about $7,000 more in Federal Shared Revenue than was anticipated. The next item on the agenda is an amendment to the budget that it could be increased to include the $7,000 to purchase this equipment. Mayor Todd reported that he had received a memorandum from Mrs. Kristofferson stating that she has received confirmation plus the check for the first quarter, that the City's allocation would be $81,987. This is an increase of $7,260 over the anticipated revenue. Councilman Saul reminded Council that last year, they funded every- thing that came up. Some day Council has to take the responsibility and not give everybody everything no matter how fantastic it is. Mayor Todd explained that the Fire Department has been furnished a defibrillation unit by King County. The County is now recalling the machine. They will be overhauled and resold. Tukwila now has the chance to purchase one of the machines. Councilman Harris said she firmly believes in this expenditure. She is also concerned about the fund it is being paid from. If we use Revenue Sharing monies now, the Fire Equipment Fund should eventually reimburse it. Councilman Johanson explained that the City went into the defibrillation program because we were not getting the coverage and this is one of the services I feel very strongly about. This is one I support. Councilman Saul asked if each Councilman will please keep in mind these additional expenditures so that we don't look back at the end of the year and wonder how the budget was overspent. Council- man Van Dusen said his understanding of the purpose of the Fire Equipment Fund was for larger, longer life capital equipment, like a fire truck. Smaller items have always been purchased with Federal Shared Revenue monies. *MOTION FAILED. MOVED BY PHELPS, SECONDED BY HARRIS, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Todd called the regular meeting back to order with Council Members present as previously reported. TUKWILA CITY COUNCIL, REGULAR MEETING February 2, 1981 Page 7 ORDINANCES Cont. Ordinance #1202 Appropriate un- anticipated revenue for payment of mobile radios RESOLUTIONS Resolution #777 Accepting dona- tions in accord- ance with Ord. 1075 DEPARTMENT REPORTS Golf Course Bridge Project City Attorney's Report EXECUTIVE SESSION: 9:00 P.M. 10:17 P.M. ADJOURNMENT: 10:18 P.M. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL PRESIDENT VAN DUSEN READ THE PROPOSED ORDINANCE.* During recess the proposed ordinance was revised to include pur- chase of the defibrillation unit. *MOTION CARRIED Council President Van Dusen read an ordinance of the City of Tukwila, Wash., amending the 1981 Budget as adopted by Ord. #1197 to appropriate unanticipated revenue. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT ORDINANCE NO. 1202 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY.* MOVED BY PHELPS, SECONDED BY HILL, THAT THE RESOLUTION BE READ IN ITS ENTIRETY. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Councilman Van Dusen read a resolution of the City of Tukwila, Wash., accepting donations in accordance with Ord. #1075. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT RESOLUTION NO. 777 BE ADOPTED AS READ. MOTION CARRIED. Mayor Todd reported that the Public Works Department has been busy on the Foster Golf Course Bridge Project. They will be back to Council for some decisions shortly. Attorney Carlson reported that the City's Appeal Brief in the Alfred Schmid vs. City of Tukwila lawsuit has recently been filed. The City Clerk has a copy for any interested parties to review. The other party now has 30 days to respond. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL RECESS FOR FIVE MINUTES BEFORE GOING INTO EXECUTIVE SESSION. MOTION CARRIED. Executive Session called to discuss a personnel matter. MOVED BY SAUL SECONDED BY BOHRER THAT EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. MOVED BY BOHRER, SECONDED, BY VAN DJSEN, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. 2e city C'e k 304