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HomeMy WebLinkAbout1981-04-20 Regular MinutesTUKWILA CITY COUNCIL April 20, 1981 Tukwila City Hall 7:00 P.M. Council Chambers Regular Meeting MINUTES FLAG SALUTE AND Mayor Todd, presiding, led the Pledge of Allegiance and called CALL TO ORDER the Regular Meeting of the Tukwila City Council to order. ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN LAWRENCE E. HARD, City Attorney; BRAD COLLINS, Planning Director; ATTENDANCE ALAN DOERSCHEL, Finance Director; JOE MATHEWS, Acting Administrative Assistant; TED UOMOTO, Public Works Director; PATRICK LOWERY, Police Chief, MAXINE ANDERSON, City Clerk. REPORTS Mayor Defib. Unit Confirmation on Patrick Lowery as Police Chief Council Intern re- port on Legislative activity LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, DANIEL J. SAUL, Council President, GARY L. VAN DUSEN. Mayor Todd reported that the Fire Chief had notified him the Defibrillation Unit (received 7 days prior) was used to help save a life during a recent aid call. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL CHANGE THE AGENDA TO ALLOW CONFIRMATION OF PATRICK LOWERY TO THE POSITION OF POLICE CHIEF. MOTION CARRIED. Mayor Todd read his letter to Council President Van Dusen asking that Council consider the ratification of Patrick Lowery to the position of Police Chief for the City of Tukwila. Councilman Van Dusen read his letter to the City Council asking their concurrence in ratifying Mr. Lowery to the position of Police Chief. Council asked Mr. Lowery questions pertaining to the position and his plans for the Department. Councilman Saul asked Mr. Lowery if he anticipated any changes in the Department. Mr. Lowery said the new programs were initiated in the 1981 Budget and all of them were started in January. MOVED BY VAN DUSEN, SECONDED BY JOHANSON, THAT COUNCIL RATIFY THE MAYOR'S APPOINTMENT OF PATRICK LOWERY AS POLICE CHIEF FOR THE CITY OF TUKWILA. MOTION CARRIED. Mayor Todd administered the Oath of Office to Police Chief Lowery. Dennis Hidell, Council Intern, reported on the Legislative issues being considered in Olympia. HB34, extending binding arbitration to all cities for public safety employees is now a dead issue. HB261, undermine local government control on the issues of land use has also died. SB3061, establishing a new level of government in the state called Community Municipal Corporation is also dead. SB3379 is still alive and would have an impact on the City. It is the Social Card Room Tax Bill. If passed, this bill would reduce the revenue to the city by 50 SHB374, commonly known as the "Boeing Bill." This bill will severely limit annexation procedures for cities. Mr. Hidell recommended that Council go officially on record as opposing this bill and that the appropriate officials be notified. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT COUNCIL DIRECT THE COUNCIL PRESIDENT TO REGISTER STRONG OBJECTION TO SHB374 TO THE GOVERNOR, LEADERS OF BOTH HOUSES AND TO OUR ELECTOR REPRESENTATIVES, EXPECIALLY THE HOUSE. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING April 20, 1981 Page 2 REPORTS Continued City Attorney Report Finance Director Resolution #786 Authorizing the Mayor to enter into Banking Ser- vices Agreement Letter of thanks CONSENT AGENDA Attorney Hard reported that due to changes in the laws, they are finding a greater demand for jury trials. This is resulting in higher costs for attornies and jurors. There are two approaches the court can take: (1) a liberal approach -if there is any doubt, grant a jury trial; (2) or, after reviewing the constitution and laws, it is his opinion that a great number of the cases are not entitled to a jury trial and they should not be granted one. Attorney Hard said he is concerned about the financial impact on the City. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THIS ITEM BE PLACED IN THE PERSONNEL AND FINANCE COMMITTEE. MOTION CARRIED. Alan Doerschel, Finance Director, reported that interest income for the month of March, 1981, amounted to $56,710.71 from the following activity: Investments Sold $3,523,000 Investments Purchased $3,523,000 Mr. Doerschel reported that five bids were received for banking services for the city. All proposals were considered. He recom- mended that the contract be awarded to Peoples Bank. The bid, in the amount of $71,707, is $13,000 higher than the amount being paid Pacific Bank on the three year old contract. Mr. Doerschel intro- duced a Resolution allowing the Mayor to execute an agreement with Peoples Bank. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED WITH BOHRER VOTING NO. City Attorney Hard read a resolution of the City of Tukwila, Washington, authorizing the Mayor to enter into a Banking Ser- vices agreement with Peoples Bank. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT RESOLUTION NO. 786 BE ADOPTED AS READ.* Councilman Phelps said the bids, were received and discussed by the Finance and Personnel Committee. The City will be out of warrants by June 1st, making it necessary to act on the proposals. The Committee recommended acceptance of the low bid. Councilman Bohrer said adequate time should have been allotted without having to declare this item an emergency. Council is gettingless and less time to consider important items. The City's business ought to be conducted with more deliberation and he urged the Mayor and Council President to take appropriate action. *MOTION CARRIED WITH BOHRER VOTING NO. Council President Van Dusen read a letter Council received thanking them for the policy of ticketing cars illegally parked in spots designated for the handicapped. A. Approval of April 6, 1981 minutes. B. Approval of Vouchers Claims Fund Vouchers #9733 Current Fund 9733 Street Fund 9734 Water Fund 9735 Sewer Fund 9736 #9736 9,070.69 411.77 330.82 322.72 $10,136.00 TUKWILA CITY COUNCIL, REGULAR MEETING April 20, 1981 Page 3 CONSENT AGENDA Cont. B. Approval of Vouchers Claims Fund Vouchers #9737 #9981 Resolution #787 OLD BUSINESS Campanella Waiver app. for residen- tial /office complex on Interurban across from Golf Course Criteria No. 1 Criteria No. 2 Current Fund Golf Crse. Spec. Rev. Street Fund Federal Shared Rev. Land Acq, Bldg, Dev. Water Fund Sewer Fund Firemen's Pens. 9982 L.I.D. #18 $4,267.33 9737 -9884 9885 -9895 9896 -9928 9929 -9932 9933 -9934 9935 -9957 9958 -9978 9979 -9981 $125,412.07 50,370.45 17,758.38 3,579.50 55,000.00 14,929.39 38,785.47 185.07 $306,020.33 C. A resolution regarding clarification of lease with Golf Management, Inc. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. ,3176 Mr. Joel Gordon, representing, Mr. Campanella, noted that this is the same proposal presented to Council at the Committee of the Whole Meeting. He displayed the model and drawings for the project. Mr. Campanella explained that they are proposing to construct 7 four -plex units on the upper bench with access only from 56th South. On the lower area would be three office buildings with a landscaped buffer area on the slope between. There will be parking both under the office buildings and in the open area. Access to the office complex will be only from Interurban Avenue. Councilman Van Dusen asked if provisions have been made for a sidewalk along Interurban. Mr. Campanella said they would be happy to put it on either side of the 15 foot berm. He felt, inside of the landscaped area, made more sense. There will be one covered parking stall provided for each apartment unit. The proposed office buildings will be 35 feet in height as provided by the code. The office complex will have parking on the lower level with access to an elevator to the upper floors. Tongue and groove cedar will be the exterior of the build- ings in both areas. Councilman Bohrer asked the overall dimensions of the second floor of the office buildings and was told 156' by 71'. 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 said this proposal does not represent a unique condition because there are a number of other properties in the same area which have similar problems with steep slope areas. ROLL CALL VOTE: SAUL NO, it is not a unique condition. HILL YES VAN DUSEN YES BOHRER NO JOHANSON NO HARRIS YES, this i s the first one we have had that is mixed business and residential. PHELPS NO *MOTION FAILED: 3 YES, 4 NO. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA NO. 2. Is the proposed action significant in scale TUKWILA CITY COUNCIL, REGULAR MEETING April 20, 1981 Page 4 OLD BUSINESS Cont. Campanella Waiver app. for residen- tial /office complex on Interurban across from Golf Course (cont.) Criteria No. 3 Criteria No. 4 Councilman Bohrer pointed out that staff says it is significant in scale. ROLL CALL VOTE: SAUL YES, it is. HILL NO VAN DUSEN YES BOHRER YES JOHANSON YES, it is significant HARRIS NO PHELPS NO *MOTION CARRIED: 4 YES; 3 NO. 3/7/ 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: HILL YES VAN DUSEN -YES BOHRER N /A, any project other than single family would be subject to a waiver application. JOHANSON N/A HARRIS N/A PHELPS YES SAUL N/A *MOTION FAILED: 3 YES, 4 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 base map as an area of high natural amenity or development constraint are sufficient mitigating measures provided Councilman Bohrer noted that staff draws attention to the develop- ment encroaching on the sloped area between the Interurban level and 56th Avenue. They note that much of the development will be on contours beyond 40 and a couple on contour 50. On property to the south, Council limited the development to elevation 25. I do not believe that sufficient mitigating measures have been pro- vided. Councilman Van Dusen said that Council is to the point of not being able to be consistent in some of the criteria. We are getting into the areas of development (slopes, fill, setbacks, etc.) where we have to look at each proposal very carefully. The cutting of slopes in some areas is not as significant as it is in others in the City. If they cut into this slope, it is not as significant as the 100 foot slopes into the valley. Councilman Harris said Council is going to have to take a good look at the slope areas and consider ways they can be developed. Councilman Bohrer said the extent that Council has been allowing development on the slopes should not be expanded from the preceding waiver application approved for this site. Councilman Van Dusen said it is getting more and more difficult to hold exactly to the same criteria for every building site in the City. The hill we live on is a problem. I'd like to say no development, but I can't, it is unrealistic. Mr. Gordon said that the 25 foot contour on another piece of property may not bear any relationship to what exists on the 25 foot contour on this particular piece of property. The buildings start about the 20 foot contour. They have had a soils analysis done and have found no instability problems. TUKWILA CITY COUNCIL, REGULAR MEETING April 20, 1981 Page 5 OLD BUSINESS Cont. Campanella Waiver app. for residen- tial /office complex on Interurban across from Golf Course (cont.) Criteria No. 5 Criteria No. 6 3/7-Z Councilman Bohrer said Council needs to decide what the criteria are and then live with them. Councilman Hill noted that Councilman Van Dusen was saying each waiver should stand on its own. I feel, if the development is properly done, there should be no problem. Councilman Bohrer noted the two properties to the south have similar banks behind them. We applied the criteria restricting development below elevation 25 on the part that is down on Inter- urban. Councilman Johanson said he does not have many objections to this development as it is proposed. He expressed some concern about the slope, but felt it could be handled. He said it bothers him to hear talk about not following the set criteria. We need to continue to maintain some standards. Councilman Harris said they need different criteria for hillsides than that used on the flat land. We need more innovative methods. ROLL CALL VOTE: VAN DUSEN YES BOHRER NO JOHANSON YES, because the primary cuts, in this particular instance will not be so objectionable. HARRIS YES PHELPS YES SAUL YES, the slope is not significant in scale. HILL YES *MOTION CARRIED: 6 YES; 1 NO. MOVED BY VAN DUSEN, SECONDED BY SAUL, 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 ROLL CALL VOTE: BOHRER YES JOHANSON YES HARRIS YES PHELPS YES, this project is an excellent example of multi- use in an area of transition between commercial and residential. SAUL YES, same reason. HILL YES VAN DUSEN YES *MOTION CARRIED. 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 YES HARRIS YES, any process that requires a waiver imposes a special hardship. PHELPS YES SAUL YES HILL YES VAN DUSEN YES BOHRER NO *MOTION CARRIED: 6 YES; 1 NO. TUKWILA CITY COUNCIL, REGULAR MEETING April 20, 1981 Page 6 OLD BUSINESS Cont. Campanella Waiver (cont.) Criteria No. 7 NEW BUSINESS Ordinance #1210 Reclassifying cer- tain lands from R -1 -7.2 to C -2 (Shimatsu) ROLL CALL VOTE: HARRIS NO, I don't think its major. PHELPS NO SAUL YES HILL NO VAN DUSEN NO BOHRER YES JOHANSON NO *MOTION FAILED: 2 YES; 5 NO. 3/73 MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA NO. 7. Would a grant of the waiver necessitiate a major policy commitment prior to the adoption of the new zoning ordinance and map Councilman Bohrer noted that the applicant is asking for an office usage on Interurban Avenue. The Comprehensive Plan says the usage should be high density residential. By this, we are making a major policy commitment. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THIS PRELIMINARY WAIVER BE APPROVED AS SUBMITTED.* Councilman Bohrer said he does not favor passage of this waiver because it expands the developable area beyond what the Council previously implied and what has generally been allowed on neigh- boring sites. *MOTION CARRIED WITH BOHRER VOTING NO. Councilman Van Dusen asked Council to discuss the two ordinances before them before making a decision on the Shimatsu rezone request. MOVED BY SAUL, SECONDED BY HILL, THAT THE RULES BE SUSPENDED TO ALLOW DISCUSSION TIME. MOTION CARRIED. Brad Collins, Planning Director, illustrated that the Planning Commission recommended the fill be allowed back to the 25 foot level but that the rezone be granted for an additional five feet. Staff recommended that the rezone and the fill area stop at the 25 foot level. Both recommended that no cutting be allowed on the slope. The applicant is requesting approval to fill to the 30 foot level. Council President Van Dusen noted that there are a few trees on the back five feet. It seems that this area could be used without fill. Mrs. Shimatsu, owner, said that fill may help stabilize the slope. Mr. Symons said that this isn't going to require a great deal of fill. Councilman Van Dusen said, if the fill is allowed, the ground level will be higher than the property to the south. Mrs. Shimatsu said it would be about 22 inches difference. Councilman Van Dusen explained that Council has two ordinances in front of them. Both of them recommend that fill be allowed to the toe -of -slope (the 25 foot elevation). One of them further recommends that the rezone go to the 30 foot elevation per the Planning Commission recommendation, but the fill not occur above the 25 foot level. Mr. Symons, attorney, representing Mrs. Shimatsu, said that their intent is not to cut the hillside, but to be able to do whatever fill is necessary in the rezone (the area that runs 250 feet). TUKWILA CITY COUNCIL, REGULAR MEETING April 20, 1981 Page 7 NEW BUSINESS Continued Ordinance #1210 Reclassifying cer- tain lands from R -1 -7.2 to C -2 (Shimatsu) (cont.) 8:45 P.M. 9:10 P.M. The Planning Commission was against any cutting of the hillside, but there is a question as to whether this prohibited any fill activity in the last 20 foot area. From the standpoint of making a smooth development, the fill activity should be permitted on the whole rezone area. Of course, this is all subject to B.A.R. approval. Councilman Van Dusen said that the Planning Commission's motion reads "subject to fill being allowed to the westerly toe of the slope as it now lies." Mr. Symons asked Council to amend the Ordinance. The first condition would be that there be no cutting into the slope, and then that fill activity be consistent with the property adjoining to the south. The second condition is subject to B.A.R. review. Councilman Van Dusen said when you go down and actually look at it, it is a little different. He said he would recommend that Council allow the fill up to the 30 foot level and not allow any cutting of the slope. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL CONCUR WITH THIS PROPOSAL.* Councilman Johanson said his concern again is the amount of land going under blacktop. He asked if there would be any requirements for water retention on site. Mayor Todd said that Public Works would direct this. Councilman Harris asked if water would be allowed to run on to the neighbors property or would there be provisions made. Councilman Hill said the Building Official would not allow water to drain on to the adjacent property. Hopefully, they will require on -site retention. Councilman Bohrer said he does not agree that filling on the current toe of the slope is necessarily going to stabilize it. Presently, there is quite a bit of drainage water at the 25 to 30 elevation. What happens to this water if it is covered with concrete. The water could come out up higher and make the hillside unstable. *MOTION CARRIED WITH BOHRER AND JOHANSON VOTING NO. 3 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL RECESS FOR FIVE MINUTES TO ALLOW TIME TO REWORD THE ORDINANCE. MOTION CARRIED. Mayor Todd called the regular meeting of the City Council back to order with Council Members present as previously reported. MOVED BY PHELPS, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY INCLUDING THE AMENDMENTS. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Wash., reclassifying certain lands from R -1 -7.2 to C -2 as described in Planning Department Master File 81 -3 -R. Changes are as follows: Section 1. Change Exhibit A to Exhibit B and Exhibit B to Exhibit A. Section 2., A. Change 'Exhibit A to Exhibit B. The C -2 is changed to R- 1 -7.2. Section 2. B. Change Exhibit B to A. Section 3. New Paragraph A: The zoning classification of the real property described in Exhibit B and as shown on Exhibit A is hereby changed from R -1 -7.2 to C -2. TUKWILA CITY COUNCIL, REGULAR MEETING April 20, 1981 Page 8 NEW BUSINESS Continued Ordinance #1210 Reclassifying cer- tain lands from R -1 -7.2 to C -2 (Shimatsu) (cont.) McNamara Condo- minium Waiver (McMicken Hts.) 3/75 Section 3. New Paragraph B: Any development of the property hereby rezoned will not involve cutting into the hill beyond the toe -of -slope (approximate elevation of 25 ft. MSLD). Placement of fill material shall be allowed in the C -2 zone, provided that the finished grade of the fill is consistent with that of the adjoining property to the south. Section 3. Paragraph C: Changed only by adding "grading and" in third sentence between architecture and landscaping. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ORDINANCE NO. 1210 BE ADOPTED AS READ.* Councilman Harris asked about the fill. Attorney Hard said the wording "consistent with that of the adjoining property to the south" was intentionally kept in there. Mr. Collins said the words would have to be interpreted by the B.A.R. It does not necessarily mean it is exactly the same grade level. *MOTION CARRIED WITH BOHRER AND JOHANSON VOTING NO. Mayor Todd called attention to the memorandum from Thomas M. Walsh, Attorney. Memo contained statements of qualifications for the planning consultants who prepared the report on the McNamara proposal. Mr. Thomas M. Walsh, Attorney for Ed McNamara, noted that the site in McMicken Heights is very appropriate for multi family use. It is adequately buffered from the single family by topo- graphy. He asked Council to approve the request. They would like Council to make the decision now instead of waiting for the Comprehensive Zoning Plan to be completed. It is important for Council to make decisions on pending applications. Councilman Van Dusen asked if Staff has had time to analyze the data submitted last week. Mr. Collins said, no. Mr. Walsh said they have submitted all of the information mentioned last week. Mr. Caughey, Planning Department, said that some of the information was presented in verbal form. Councilman Van Dusen suggested Council defer action on this until: (1) Council has had the hearing on the zoning map, and (2) Staff has had time to respond to the additional information. He sug- gested this be tabled to the 19th of May. Mr. Walsh said he felt this would be unfair to the applicant. They have gone to a great deal of effort to furnish Council the infor- mation and have submitted everything they have been asked for. He said he was under the assumption a decision would be made to- night. To delay it would be contrary to what they believe to be expeditious and fair proceedings. Waiting until the city holds a hearing on a totally separate process is not fair. Given the existing laws and rules on which the city is required to make a decision -a decision must be made one way or the other. He asked Council to face the decision and make it. Councilman Van Dusen said we need to know if all questions have been resolved. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL RESCHEDULE THE MCNAMARA CONDOMINIUM WAIVER TO MAY 19TH AND ALLOW A DIS- CUSSION PERIOD ON THE MOTION.* Councilman Hill said he would like time for staff to check the information and submit a report to the Council. Councilman Bohrer said he noted that there was additional infor- mation submitted at the last meeting. The purpose of the waiver process is to allow staff time to consider the information. TUKWILA CITY COUNCIL, REGULAR MEETING April 20, 1981 Page 9 NEW BUSINESS Continued McNamara Condo- minium Waiver (McMicken Hts.) (cont.) Christensen Group Hotel Waiver -for 8 story hotel tower (Christensen Rd.) Criteria No. 1 Criteria No. 2 Councilman Bohrer said it is very important based on this, that staff has time to look at the data. Attorney Hard said Council cannot go out and independently seek information. The applicant is entitled to know what information Council is taking into consideration when granting a decision. Councilman Harris said she is not satisfied with the 1969 soil's report. Attorney Hard said Council has a right to visit the property, but not to perform any type of test. Council has to weigh the infor- mation submitted. Mr. Walsh mentioned that they have no objection to Council getting as much information as is necessary and with staff having time to prepare a report. A project can be killed by delay. He asked Council to bear this in mind. When the information is there, please make a decision. Councilman Phelps said she can make a decision without hearing all the input on the new zoning map. She asked for clarification on the soil's test report as to when some of the tests were done. Mr. Walsh said they will submit a written report to staff. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE MOTION BE AMENDED TO ALLOW THE COUNCIL PRESIDENT TO BRING THIS ITEM BACK TO COUNCIL AT HIS DISCRETION. MOTION CARRIED. Councilman Harris asked why the number of units requested has been changed from 33 to 54. Mr. Walsh said (1) The initial proposal was for tri -plex units. The new concept will allow a greater number of units without additional impact on the site; (2) The applicant feels very strongly that any proposal with substantially less than the number of units currently allowed under the existing zoning is not economically feasible. *MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT COUNCIL VOTE YES ON CRITERIA NO. 1. Does the proposed action represent a unique condition ROLL CALL VOTE: SAUL YES HILL YES VAN DUSEN YES BOHRER NO JOHANSON NO HARRIS NO PHELPS YES *MOTION CARRIED: 4 YES; 3 NO. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT COUNCIL VOTE YES ON CRITERIA NO. 2. Is the proposed action significant in scale ROLL CALL VOTE: HILL YES VAN DUSEN NO BOHRER YES JOHANSON YES HARRIS NO PHELPS YES SAUL YES *MOTION CARRIED: 5 YES; 2 NO. TUKWILA CITY COUNCIL, REGULAR MEETING April 20, 1981 Page 10 NEW BUSINESS Continued Christensen Group Hotel Waiver -for 8 story hotel tower (Christensen Rd.) (cont.) Criteria No. 3 Criteria No. 4 Criteria No. 5 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 N/A BOHRER NO JOHANSON NO HARRIS YES PHELPS N/A SAUL N/A HILL N/A *MOTION FAILED: 1 YES; 2 NO; 4 N /A. 3/77 MOVED BY VAN DUSEN, SECONDED BY HILL, 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 suf- ficient mitigating measures provided Councilman Saul noted that staff raised two questions: (1) the visual character of the site, and (2) the encroachment on the 40 foot wide river use zone. Mr. Caughey said the encroachment on the river use zone has been removed. Most of the significant vegetation appears to be in the 40 foot setback zone and will not be disturbed by development. Councilman Bohrer said there is an element here that is the first such action of the City and that is the designation of the elevation. Council will use for reference to the mean high water mark for enforcement of the Shoreline Management Act. The elevation here is 17; this corresponds to 9,000 cubic feet per second release measured at the Auburn gauge. The maximum release is 12,000 cubic feet per second. It is inconsistent to set the lower level for this particular site. This subject should be discussed during the zoning meetings. ROLL CALL VOTE: BOHRER NO JOHANSON YES HARRIS YES PHELPS YES SAUL YES HILL YES VAN DUSEN YES *MOTION CARRIED: 6 YES; 1 NO. MOVED BY VAN DUSEN, SECONDED BY SAUL, 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 ROLL CALL VOTE: 'JOHANSON YES HARRIS YES PHELPS YES SAUL YES HILL YES VAN DUSEN YES BOHRER YES *MOTION CARRIED; 7 YES. TUKWILA CITY COUNCIL, REGULAR MEETING April 20, 1981 Page 11 NEW BUSINESS Continued Christensen Group Hotel Waiver -for 8 story hotel tower (Christensen Rd.) (cont.) Criteria No. 6 Criteria No. 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: HARRIS YES PHELPS YES SAUL YES HILL YES VAN DUSEN YES BOHRER NO JOHANSON YES *MOTION CARRIED: 6 YES; 1 NO. MOVED BY VAN DUSEN, SECONDED BY HILL, 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 ordinance and map Councilman Bohrer said it is a major policy commitment. This particular site uses a definition for mean high water mark. Are we establishing this policy by passing this waiver? I feel we are, and it is a major commitment. We are making a decision here that is very influential on what the city's setbacks are under the Shoreline Management Act. Councilman Hill asked if there is a ruling on how you establish the mean high water mark. Mr. Caughey said it is a good question. The answer depends on who you talk to. Councilman Saul asked if there is any consistency in the three buildings that have been constructed along the river. Mr. Caughey said the Tecton project is based on 9,000 CSF line. It would make it easier on staff if the CSF line was established and then carried out uniformly throughout the City. Councilman Bohrer recommended that Council establish 12,000 CSF line. Councilman Harris said it seems like it has already been estab- lished at 9,000 CSF. Councilman Bohrer said he does not feel Council has established the line. He suggested it be made part of the zoning code so there is no misunderstanding. Mayor Todd reminded Council that, at the present, Criteria No. 7 is being considered. He recommended, if Council is going to establish the setback tonight, it be set at 9,000 CSF. ROLL CALL VOTE: PHELPS NO SAUL YES HILL NO VAN DUSEN NO BOHRER YES JOHANSON NO HARRIS NO *MOTION FAILED: 2 YES; 5 NO. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PRELIMINARY WAIVER BE APPROVED AS SUBMITTED.* Councilman Hill said he is in favor of approving the waiver, but he would like the administration to review the Mean High Water Mark and make a recommendation to Council. What impact would establishing it at 9,000 or 12,000 make? Let's establish it so it will be fair to everybody. TUKWILA CITY COUNCIL, REGULAR MEETING April 20, 1981 Page 12 NEW BUSINESS Continued Christensen Group Hotel Waiver -for 8 story hotel tower (Christensen Rd.) (cont.) Ordinance 1211 Adopting the policies of the State Environ- mental Policy Act ADJOURNMENT: 10:40 P.M. Mayor Todd said he doesn't believe you can set a definite line and be fair to everybody. ROLL CALL VOTE: SAUL NO HILL YES VAN DUSEN YES BOHRER NO JOHANSON NO HARRIS YES PHELPS NO *MOTION FAILED: 3 YES; 4 NO. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE PRELIMINARY WAIVER BE APPROVED AND SUBJECT TO B.A.R. REVIEW.* ROLL CALL VOTE: SAUL NO HILL YES VAN DUSEN YES BOHRER NO JOHANSON NO HARRIS YES PHELPS YES *MOTION CARRIED: 4 YES; 3 NO. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila re- lating to environmental policy, adopting the policies of the State Environmental Policy Act (RCW 43.21C.010 -.020) and the revised SEPA Guidelines dated 21 January 1978 (WAC 197 -10), all by reference and establishing local regulations and processing procedures to implement said environmental policy and repealing Ordinance No. 986. Councilman Van Dusen noted that Council has had no chance to discuss this ordinance. Mr. Caughey explained that the Community Affairs Committee reviewed the ordinance line by line. The main difference in the old policy and this new one is that there is now an appeals process. There are other minor changes. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT ORDINANCE NO. 1211 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY JOHANSON, THAT THE REGULAR MEETING OF THE CITY COUNCIL ADJOURN. MOTION CARRIED. yor City /C l er k ///„it/i/'o.,r, 2/79