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HomeMy WebLinkAbout1981-06-02 Regular MinutesJune 2, 1981 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE REPORTS Mayor Pro Tem's Report Council Member Reports Attorney's Report CONSENT AGENDA TUKWILA CITY COUNCIL Regular Meeting M I N U T E S 3c)-3 Tukwila City Hall Council Chambers MayorPro =Tem Van Dusen 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, J. REID JOHANSON, DORIS E. PHELPS, GARY L. VAN DUSEN, Council President. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT COUNCILMAN SAUL BE EXCUSED FROM THE MEETING. MOTION CARRIED. LAWRENCE E. HARD, City Attorney; BRAD COLLINS, Planning Director; ALAN DOERSCHEL, Finance Director; TED UOMOTO, Public Works Director; MAXINE ANDERSON, City Clerk. Mayor Pro -Tem Van Dusen introduced Mr. Larry Haggard, who is Commander of American Legion Post 235. Mr. Haggard presented "Citations of Appreciation" to Mrs. Lynn Devoir and Mr. Mark Cooper, employees in the Recreation Department. The American Legion meets at the Recreation Center, and these employees have been very cooperative -far beyond the normal call of duty. Councilman Phelps reported that the Finance, Personnel and Com- munity Affairs Committee will meet Thursday at 5:00 P.M. Councilman Johanson announced that the Public Works Committee will meet Wednesday at 4:30 P.M. Attorney Hard reported that he had a telephone conversation with Mrs. Baker from the Foster Point area. The people are frustrated. They are looking to the City to encourage the County to do some- thing. At the present time there is a lawsuit filed by the truck- ing company that was using the bridge at the time it collapsed. The City's insurance company has elected to have another law firm represent the City in this matter. He said he intends to continue discussions with the King County lawyer. He is working with the attorney for the property owners under LID #30, and it appears they will be able to reach a settlement without going through the condemnation procedure. Councilman Harris expressed concern that we are approaching the construction period and need to get started. Attorney Hard said he hopes to have this matter completed in the next few days. A. Approval of Minutes: May 19, 1981 B. Approval of Vouchers Claims Fund Vouchers #10206 #10324 Current Fund 10206 10294 &10324 Golf Crse. Spec. Rev. 10295 -10296 Street Fund 10297 -10304 Federal Shared Rev. 10305 Land, Acq, Bldg, Dev. 10306 -10307 Water Fund 10308 -10313 Sewer Fund 10314 -10322 75,099.44 5,854.57 11,627.41 442.15 31,337.55 10,091.94 18,494.47 $152,947.53 LID 29 10323 $51,550.67 C. Corrective improvements to the Charles Eastwood property. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE CONSENT AGENDA BE APPROVED AS PRESENTED. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING June 2, 1981 Page 2 BID AWARDS Janitorial Service OLD BUSINESS Ordinance #1215 Changing the name of the custodian for the Advance Travel Expense Account Ordinance #1216 Reclassifying cer- tain lands from R -3 to R -4 (Sunwood, Phase III) Mayor Pro -Tem Van Dusen noted that the current Janitorial Service has terminated their services with the City. The Public Works Director has asked Council approval to Call for Bids to ensure continuity of services. MOVED BY HILL, SECONDED BY PHELPS, THAT COUNCIL APPROVE THE CALL FOR BIDS FOR JANITORIAL SERVICES IMMEDIATELY.* Mayor Pro -Tem Van Dusen said there have been reasons, both pro and con, on why they terminated their services. He asked to have one of the Committees look into this. *MOTION CARRIED. MOVED BY HILL, SECONDED BY PHELPS, THAT THIS ITEM BE REVIEWED BY THE PUBLIC WORKS COMMITTEE.* Councilman Harris asked in what area this company was unsatis- factory. Ted Uomoto, Public Works Director, said it was many areas. They have been trying to get the contractor to meet the requirements listed in the signed contract. *MOTION CARRIED. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney read an ordinance of the City of Tukwila, Washington, changing the name of the custodian for the Advance Travel Expense Account, amending Section 2 of Ordinance No. 614, and repealing Ordinance Nos. 778, 890, 940, 1050 and 1083. MOVED BY HILL, SECONDED BY HARRIS, THAT ORDINANCE NO. 1215 BE ADOPTED AS READ.* *MOTION CARRIED. 3a3Y Mayor Pro -Tem Van Dusen questioned if the name of the Finance Director, rather than the title is necessary. Attorney Hard said that the State Auditor Bulletin No. 010 sets forth the requirement that a person's name is necessary. However, the people who currently administer the program for the State Auditor's Office do not take that position. Some other cities name just the office, and the Auditor's Office has taken no action against them. It makes sense to name the office instead of an individual, so you don't have to amend the ordi- nance every time there is a change. The safe course would be to adopt the ordinance naming the individual. Councilman Harris said, while she held the position of City Treasurer, she was told many times that you abide by the Auditor's Bulletins. Until such time as the bulletin is repealed, we need to follow it. MOVED BY HILL, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Washington, reclassifying certain lands from R -3 to R -4, as described in Planning Department Master File No. 81 -5 -R. MOVED BY PHELPS, SECONDED BY HILL, THAT ORDINANCE NO. 1216, AS AMENDED BY THE CITY ATTORNEY, BE ADOPTED AS READ.* Attorney Hard noted that he added a new Section 4 to clarify the action of the ordinance. The property is rezoned from R -3 to R -4. TUKWILA CITY COUNCIL, REGULAR MEETING June 2, 1981 Page 3 OLD BUSINESS Cont. Ordinance #1216 Reclassifying cer- tain lands from R -3 to R -4 (Sunwood, Phase III) (cont.) RECESS: Councilman Bohrer said the Planning Commission raised the fol- lowing concerns on this project; ingress /access and traffic generation, adequacy of recreational facilities and adequacy of open space provided on Phase III. The Planning Commission questioned specifically the adequacy of pool space provided in the project. The City has an Open Space Ordinance, but there is no analysis as to how the project complies with it. He said it looks like there is potential further concern as the Planning Commission expressed. He further asked if the project now meets the conditions listed in the rezone ordinance that was repealed in December. The report does not indicate. 33 9 Mr. Don Dalley, Pacific Townhouse Builders, 1370 Stewart Street, #100, Seattle, noted that since the meeting of May 12, they have met with the homeowners that occupy Phase I of the condominium project. Their concern is adequate recreation facilities. He requested that a condition be placed in the rezoning ordinance that they add one jacuzzi, which is equal to size and capacity of the one installed under Phase I. The location will be either in Phase III or among the other recreation facilities near the swimming pool. Councilman Hill asked if it wasn't the developer's problem rather than the City's. Mr. Dalley said they want it to be a matter of record. Mr. Hill noted that it would appear in the minutes. Mr. Carl Lewis, 15209 Sunwood Blvd., Unit B33, said he repre- sents the group of homeowners who have expressed their concerns. After discussion with the developer, they have agreed not to oppose the rezone on the condition that the developer install the additional jacuzzi. He said his concern is that this agree- ment has a binding legal effect. They felt it was best to make it a condition of the rezone. He asked the City Attorney how this could become a binding commitment. Attorney Hard said he would prefer this not be included in the ordinance. This could open up situations where the City should not get involved. Any development this size has to have approval of the Board of Archi- tectural Review. These minutes will reflect to the Board that there is, at least, one condition for them to consider. The Council could, by motion, direct staff to inform the Board of Architectural Review of this condition. The Building Official should be directed that a Building Permit will not be issued until this condition is taken care of. Brad Collins, Planning Director, said he understood that the previous ordinance was related to a contract zone that covered more property than this specific rezone covers. Attorney Hard said it was impossible for the whole property covered under the previous ordinance to meet the terms of rezone, so it reverted back to the existing zoning. It is back now, with the request to rezone a portion. The original conditions are completely irrelevant to what is before Council now. Councilman Bohrer asked what the conditions were and why they are no longer relevant. Attorney Hard said the property is now zoned R -3, and this is what Council has to deal with. It may have been zoned something else, but that is irrelevant. It has been zoned R -3 since January of 1981. Councilman Bohrer asked again what the conditions were and said it matters to him if they have been met. Attorney Hard explained that this property owner has a parcel of property zoned R -3. He is before Council with the request to change the zone to R -4. All of the necessary steps have been met to complete the process. Tonight is the culmination of the process. What hap- pened earlier has no legal effect. 8:00 P.M.- MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCIL RECESS FOR 8:10 P.M. FIVE MINUTES TO ALLOW TIME TO GET A COPY OF THE ORIGINAL ORDI- NANCE. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING June 2, 1981 Page 4 OLD BUSINESS Cont. Ordinance #1216 Reclassifying cer- tain lands from R -3 to R -4 (Sunwood Phase III) (cont.) Mayor Pro-Tem Van Dusen called the meeting back to order with Council Members present as previously reported. City Attorney Hard reported that Ordinance 1088 rezoned the property from R -3 to R -4 with 8 conditions. These conditions applied to three parcels of property. In 1978, LID 29 was created and constructed. At that time a portion of this property was excluded from immediate assessments. After that, it was concluded that all the property rezoned under Ordinance No. 1088 could no longer meet all of the conditions. The ordinance was then repealed so the zoning reverted back to R -3. Councilman Bohrer said his recollection is that the property hadn't met the conditions, therefore, was not participating in LID #29, so the ordinance was repealed. He reviewed the conditions re- quired. Attorney Hard said the conditions have been met by the properties within the boundaries of the LID. The logical solution for the City was to turn all of the property back to R -3 and, as the property is developed, the owners would have to come back to the City and request appropriate zoning for the use. Council- man Bohrer asked why there was no analysis of the conditions. Attorney Hard said because there was no legal requirement. The conditions are not relevant to this parcel today. The property is R -3. If Council wants to impose the conditions, they can make them part of the rezone. Councilman Harris said the project, at the time of the rezone was a separate project. It had nothing to do with Sunwood. The conditions were for an entirely different project. Councilman Johanson noted that the Planning Commission denied the request, but staff recommended approval. He said he also wondered about the conditions. Brad Collins, Planning Director, said he assumed the Planning Department considered the eight conditions and either they were not needed or they had been met. Councilman Phelps explained that Ordinance 1088 has been repealed so the conditions aren't even there; further, it related to another project all together. Any conditions that apply to the Sunwood Development would apply to the rezone before Council now. Councilman Bohrer noted that there seems to be a lot of questions. He said he did not see the urgency in insisting that this be passed tonight. It would be appropriate to send it back to staff for an analysis of the conditions. Councilman Phelps said all of the conditions and covenants and agreements that the City has with Sunwood Develop- ment have already been established. They are developing under the agreement we currently have. I don't see the point of im- posing more conditions upon the developer than they already have. Councilman Harris said when an ordinance is repealed, it is no longer valid. What ever was in the ordinance no longer applies to anything. That is what we did to Ordinance 1088. The conditions no longer apply. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THE ORDINANCE BE TABLED TO ALLOW STAFF TO PREPARE A REPORT ON THE RELATIONSHIP OF THE CURRENT SUNWOOD DEVELOPMENT PLAN TO THE CONDITIONS THAT WERE ORIGINALLY PROPOSED IN ORDINANCE 1088. MOTION FAILED. *MOTION CARRIED WITH BOHRER AND JOHANSON VOTING NO. MOVED BY PHELPS, SECONDED BY HILL, THAT THE PLANNING STAFF BE DIRECTED TO NOTIFY THE BOARD OF ARCHITECTURAL REVIEW TO OBSERVE AN AGREEMENT BETWEEN THE HOMEOWNERS AND THE DEVELOPERS TO PROVIDE A N ADDITIONAL JACUZZI RECREATIONAL FACILITY.* Councilman Bohrer commented that this is a limited attempt to include some of the considerations that were in the original eight. *MOTION CARRIED WITH BOHRER AND JOHANSON VOTING NO. TUKWILA CITY COUNCIL, REGULAR MEETING June 2, 1981 Page 5 OLD BUSINESS Cont. Ordinance #1217 Relating to Side- walk construction Mayor Pro -Tem Van Dusen explained that Council asked for a Formal Motion on sidewalk construction, but Attorney Hard felt an ordinance would be better. Councilman Hill asked if there was any hurry to adopt this ordinance. Mr. Collins explained that there are some temporary Certificate of Occupancies that have expired and have action pending. Councilman Bohrer said if this item has not been discussed at a Committee of the Whole, then you proceed with his objections. Mr. Collins explained that the purpose of the ordinance is to provide for a developer's agreement in lieu of building a side- walk on a street where grades were not established. Mayor Pro -Tem Van Dusen asked how many miles of street we have that there is no grade established for. Ted Uomoto, Public Works Director, said that any street that does not have concrete curbs and gutters does not have a street design that establishes the grade. This is just a general rule. Councilman Harris said the Interurban Corridor Plan was to in- clude establishing grades. There were Block Grant Funds desig- nated for an engineering study. Mr. Uomoto distributed a memo to Council explaining the procedure needed to establish the pro- file grade and the location of sidewalks. If funds were avail- able, it would take about three months to complete the design project. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance relating to sidewalk con- struction and amending Ordinance No. 1158. MOVED BY HILL, SECONDED BY PHELPS, THAT ORDINANCE NO. 1217 BE ADOPTED AS READ.* Councilman Hill noted that if one of the developers on Inter- urban installed his sidewalk where it is presently designated it would stick out in the traffic lane and be a hazard. Council- man Bohrer said he does not see that the ordinance will accelerate the process of getting sidewalks. There are now three develop- ments on the west side of Interurban that, if combined, have about 30% of the total frontage on that side of the street. If the side- walks are coordinated, it is an opportunity to have a major in- crease in the amount of sidewalks along Interurban. He asked if it is possible to move the curbing out and build the sidewalk. There are some conditions along Interurban that are going to dictate what the street elevation is going to be. Mr. Uomoto said it would just be a guess where the sidewalks should be. There is no design information to go by. Mayor Pro -Tem Van Dusen said the developers want a Comprehensive Plan and are willing to participate in an LID. This is basically what this ordinance does. Councilman Phelps noted that during discussions on the development of Interurban, it was to be a project and not a piecemeal thing. Councilman Bohrer said that with the developments that are going in, there is an opportunity to have sidewalks for the people to use. Anything that can be done to piecemeal the sidewalks together will improve conditions along Interurban. The intent of the sidewalk ordinance was to accelerate and do the piecemeal projects to get usable sidewalks installed. Councilman Harris said we need to get the engineering done so, as the property develops, each one can put in his portion. Councilman Bohrer said he felt it's possible in certain cases to define a location for the sidewalk and get it installed. TUKWILA CITY COUNCIL, REGULAR MEETING June 2, 1981 Page 6 OLD BUSINESS Cont. Ordinance #1217 Relating to side- walk construction (cont.) Ordinance #1218 Vacating con- struction and utility easement installed by Ord. 671 Resolution #788 Fixing the time when the petition will be heard on the vacation of a street (Hoffner Davis) ADJOURNMENT 9:40 P.M. There is not much benefit to the City to have developers agree to an LID for sidewalks when it might be 5 to 10 years before we are ready for it when we can have piecemeal sidewalk develop- ment now. Councilman Bohrer asked Council if there was a consen- sus to proceed where we can proceed and give a policy direction to staff that this will happen. Councilman Harris said she would like to have the engineering done and the grade established. The money is there. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE DEVELOPER'S AGREE- MENT HAVE AN OPTION FOR EITHER PARTICIPATION IN AN LID OR CON- STRUCTION OF THE SIDEWALKS AT THE DIRECTION OF THE PUBLIC WORKS DEPARTMENT. MOTION CARRIED. Mr. Uomoto noted two letters on the Council table agreeing to furnish alternate easement to Pacific Northwest Bell once the vacation is completed. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Wash., vacating construction and utility easement established by Ordinance 671 over the deadend portion of Macadam Road located north of Southcenter Blvd. and west of 65th Avenue South. MOVED BY HILL, SECONDED BY HARRIS, THAT ORDINANCE NO. 1218 BE ADOPTED AS READ.* Mr. James S. Huntington, 606 Southcenter Shopping Center, offered the prepared easement made out to Pacific Northwest Bell for attorney approval. Attorney Hard said he believes it meets the requirements. *MOTION CARRIED. MOVED BY HILL, SECONDED BY BOHRER, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. City Attorney Hard read, in its entirety, a resolution of the City of Tukwila, Wash., fixing the time when the petition will be heard on the vacation of a street. MOVED BY HILL, SECONDED BY PHELPS, THAT RESOLUTION NO. 788 BE ADOPTED AS READ. MOTION CARRIED. Both Chris Crumbaugh and Jan Wiesner, audience, expressed their thanks to Joe Mathews for his assistance in various matters when he served temporarily as the Administrative Assistant to Mayor Todd. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. J1OTIORRIED. 7 r t!� Ci y Clerk Maybe "Pro' e Van Dusen