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HomeMy WebLinkAbout1983-01-17 Regular MinutesJanuary 17, 1983 7:00 p.m. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE Request for Executive Session REPORTS Mayor's Report Introduction of members of the Arts Commission Employee Service Pins Election of Council President Presentation to Councilman Bohrer Finance Director's Investment Report TUKWILA CITY COUNCIL Tukwila City Hall Council Chambers Regular meeting M I N U T E S Mayor Van Dusen led the Pledge of Allegiance and called the regu- lar meeting of the Tukwila City Council to order. GEORGE D. HILL, MABEL J. HARRIS, LIONEL C. BOHRER, Council Presi- dent, DORIS E. PHELPS, JOE H. DUFFIE, EDGAR D. BAUCH, WENDY A. MORGAN. DANIEL D. W00, Deputy City Attorney; MAXINE ANDERSON, City Clerk; BRAD COLLINS, Planning Director. MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCIL AMEND THE AGENDA TO HOLD AN EXECUTIVE SESSION ON LABOR NEGOTIATIONS AFTER CITIZEN'S COMMENTS. MOTION CARRIED. Mayor Van Dusen introduced Mr. Wayne Nelson and recommended that he be reappointed to the vacant position on the Park Commission. The term of the position will expire March 31, 1986. Mr. Nelson is an elementary teacher in the Highline School District and was first appointed to the Park Commission in February, 1979. He and his family spent 1982 in Australia on a teacher exchange program and have recently returned to Tukwila. Mayor Van Dusen introduced Mr. Dick Gravender, Mr. William Gor- jance and Miss Susanne Woodford. Mr. Gravender presented six pieces of art selected for purchase for the City by the Commission. Mayor Van Dusen presented service pins to five city employees. Deanna Skelton, Finance Department, 5 years. Ed Rowland, Mechanic, 15 years. Maxine Anderson, City Clerk, 15 years. Shirley Johnson, Police Clerk, 20 years. Gene Elfstrom, Park Maintenance, 20 years. It was noted that Gene Elfstrom is the employee that has been employed by the City the longest number of years. Council President Bohrer expressed his appreciation for the opportunity of serving as Council President in 1982. He noted that he is probably the only person who has been both Mayor and Council person simultaneously for a period of time. He served as Mayor for five days prior to the election of Mayor Van Dusen. COUNCILMAN PHELPS SAID IT WAS HER PLEASURE TO NOMINATE, FOR THE POSITION OF COUNCIL PRESIDENT, COUNCIL MEMBER MAE HARRIS. NOMINATIONS SECONDED BY COUNCILMAN MORGAN. ALL COUNCIL MEMBERS IN FAVOR OF THE NOMINATION. Mrs. Harris was seated in the Council President's chair. She thanked Council for their vote of confidence. Cris Crumbaugh, on behalf of Steve Abercrombie, the Board of Directors of the Chamber, Mrs. Louise Strander, President Elect, and all of the members of the Chamber of Commerce, presented a plaque to Dr. L. C. "Bud" Bohrer in recognition of outstanding service to the City of Tukwila as Council President and Mayor Pro Tem from the Tukwila Sea -Tac Chamber of Commerce. The Finance Director's December interest income report is as follows: Investments Sold $3,969,000 Investments Purchased $3,913,000 December interest income was $26,675. TUKWILA CITY COUNCIL, REGULAR MEETING January 17, 1983 Page 2 CITIZEN'S COMMENTS Mrs. Regel, Park and Ride Lot Mrs. Davis, Park and Ride Lot Councilman Bohrer CONSENT AGENDA EXECUTIVE SESSION 7:40 P.M. 7:50 P.M. Amend Agenda Mrs. Regel, Tukwila citizen, presented Mayor and Council with a letter concerning Metro's presentation on a Park and Ride Lot along Interurban Avenue. She stressed that traffic is heavy, the air is polluted now from vehicles, the Rendering plant and air traffic. She asked if it is fair to Tukwila citizens to have to put up with more noise and pollution. She asked why Metro should dictate where a Park and Ride Lot should go. Mrs. Joanne Davis, 5906 So. 144th, presented Mayor and Council with a letter concerning the Metro Park and Ride. She said she hoped Council will write Metro expressing displeasure with their site selections. The sites are too close to the R -1 community. It will cause added noise, pollution and congestion to the Interurban Corridor. She questioned the amount of tax value of the Metro selection and what the financial impact would be to the City. She suggested a site in King County possibly would be better. Councilman Bohrer said he also felt the City should send a letter to Metro asking some questions and asking them to consider further sites. He offered to help the Mayor draft a letter. a. Approval of Minutes: December 20, 1982 January 3, 1983 b. Approval of Vouchers: Final vouchers for 1982 Beginning vouchers for 1983 Claims Fund Vouchers #13750 #13810 Current Fund Golf Crse. Spec. Rev. Street Fund Federal Shared Rev. Water Fund Sewer Fund Claims Fund Vouchers #13815 #13926 37,038.81 135.14 21,354.38 13,114.30 144.10 963.25 2,577.09 25,215.01 8,573.25 $109,115.33 c. Approve the Mayor's appointment of Wayne Nelson to Position No. 1 on the Park Commission d. Resolution 842 of the City Council of the City of Tukwila ordering the cancellation of outstanding municipal warrants. e. Approval of use of Revenue Sharing Funds in the 1983 Budget. Current Fund Golf Crse. Spec. Rev. Street Fund Federal Shared Rev. Land Acq, Bldg, Dev. Firemen's Pension Water Fund Sewer Fund LID'S Council returned to the Regular Meeting 29,835.15 2,108.20 16,350.66 5,253.54 18,636.44 2,862.63 75,046.62 MOVED BY HARRIS, SECONDED BY BOHRER, THAT COUNCIL APPROVE THE CONSENT AGENDA WITH THE AMENDMENTS TO THE MINUTES OF DECEMBER 20, 1982. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HILL, THAT COUNCIL GO INTO EXECUTIVE SESSION. Called to discuss Labor Negotiations with Frank Dennis. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY HILL, THAT THE AGENDA BE AMENDED TO CONSIDER 8B, FOSTER GOLF COURSE OPERATOR, AS ITEM 6B. MOTION CARRIED. L3602, TUKWILA CITY COUNCIL, REGULAR MEETING January 17, 1983 Page 3 BID AWARD Award contract to Ford Const. for Christensen Rd. Storm Sewer Project Resolution #843 Selection of a firm to operate Foster Golf Links Pro Shop Rest. PUBLIC HEARINGS Planned Residential Development in Single Family (R -1) Residential Zone (continued from 12/6/82) Approval of contract for storm drainage at Christensen Road and Baker Boulevard. MOVED BY HARRIS, SECONDED BY HILL, THAT COUNCIL APPROVE THE BID AWARD TO THE LOW BIDDER, FORD CONSTRUCTION, IN THE AMOUNT OF $25,474.80. MOTION CARRIED. Mayor Van Dusen introduced Mr. Ernest Lueckenotte, Professional Golfer's Association Class A Pro, who has been selected to operate the Foster Golf Course Pro Shop and Restaurant. MOVED BY HARRIS, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Daniel Woo read a resolution of the City of Tukwila relating to selection of a firm to operate Foster Golf Link's Pro Shop and Restaurant, approval agreement thereto and authorizing the Mayor to enter into said contract. MOVED BY HARRIS, SECONDED BY HILL, THAT RESOLUTION NO. 843 BE ADOPTED AS READ. MOTION CARRIED. Brad Collins, Planning Director, showed slides illustrating development under the Planned Residential Development concept. Mr. Earl Westlund, 16530 S.E. 43rd St., Issaquah, explained that the P.U.D. process brings out preservation of a greater amount of land area for the enjoyment of the property owners. Such uses as sports courts, picnic areas, greenbelts, trails and jogging paths can be installed in the excess area allowed. This concept eliminates the upkeep of yard area that some people do not care about. It is beneficial to the elderly, handicapped or people with limited time. Maintenance is handled by the Home- owner's Association. Restrictive Covenants are placed on the property for the Association to enforce. They have their own policing ability. The P.U.D. concept builds buffers between existing neighborhoods. The installation of landscaping is part of the development process. The house size predicates the lot size. The density of the P.U.D. process does not create a greater density than what the zoning permits; it only allows larger open areas. Mr. Ed Colson, 15154 65th Ave. So., said his Association dues in a high density area of Tukwila are $71.00 per month. Mrs. Cheryl Wheeler, 14102 55th Ave. So., asked if the City would approve each project, and Mr. Westlund said each project would have to be individually approved after a public hearing. Mr. Colson said it would be better to have this type of develop- ment on larger parcels of property than one acre. He suggested 18 acres would be a good size; 10 acres would be borderline. Councilman Bohrer asked if the family PRD could be done on one acre. Mr. Westlund said there wouldn't be much area to maintain. In a PRD the utilities and insurance are separate; they are not combined as they would be in a condominium. It is not as expensive an organization to run. Mr. Gene Elfstrom, audience, questioned what Mr. Westlund said about planned residential developments being self policing. If there is a problem they are going to call the police. When houses are built that close together, there is going to be more noise problem than in our homes as they are today. TUKWILA CITY COUNCIL, REGULAR MEETING January 17, 1983 Page 4 PUBLIC HEARING Cont. Planned Res. Dev. Mrs. Darlene West, 5212 So. 164th, asked if several people in R -1 Zone default on the payment of the maintenance fee what legal recourse (cont.) do they have to see that the money is collected and put into the open space. Mr. Westlund said they could lien the property. Mrs. West asked if you could add on to one of the houses in a PRD. Mr. Collins said that it is possible to have a house built without enough room for expansion, but a number of the houses will have lots in excess of what the minimum requirements are. Mrs. West said it is less than a year since the zoning ordinance was passed and now Council is going to change it. She asked what is going to keep the open space in a PRD from being developed. Mr. Woo, Deputy City Attorney, said that there is a restriction in the proposed ordinance where the restrictive covenants would be reviewed by the City Attorney. When you have a development of this type, there are covenants or agreements signed by all the owners or developer. The covenants run with the land. The City can require covenants which can not be changed except with the approval of everyone who owns the property and the City. Basically a covenant on a development of this kind will run for a long time. Mrs. West asked if it will be in the ordinance that a covenant is required and for a specific length of time or is the City going to decide it on each development. Mr. Woo said it is not defined in the ordinance. The only requirement is that the restrictive covenant will have to be approved by the City Council and the City Attorney before a building permit is issued. Mrs. West said a time limit should be required. A lot of people worked a long time on the zoning and now it is being changed. We have no guarantee that Council is not going to change it again if there isn't a legal covenant that goes with the land. Mr. Collins said there is a greater likelihood that the zoning and land use would not change under the PRD. The Council could change all of the zoning in the City, but if one of the property owners under the PRD said no, that land use would not change. Mr. Al Pieper, 17083 53rd So., commented that covenants can be changed. In the future the open space will look attractive for development and some Council could change it. The County Tax Assessor will look at the open space and will assess it at its highest and best possible use and that use is for development. The overall concept is a good idea, but investigation should be done as to what has happened in other cities. Attorney Woo said that restrictive covenants are very difficult to change as long as anyone having an interest in the property objects to the change. Restrictive covenants can also apply to homeowners within a certain number of feet of the P.R.D. He felt the Assessor's Office could not lawfully ignore the restrictions. Mr. Collins explained that this ordinance does not alter any of the setbacks that currently exist for single family. Mrs. Joanne Davis, audience, said she would like to see how many one acre parcels and larger there are that could be developed this way. If the homeowners had a disagreement or were unable to continue maintenance of the area, it could become run down. She wondered why so much City time and money is being spent on this. She asked Council to take more time in making a decision on something as large as this. Councilman Bohrer said this offers an alternative to somebody who would like to have a single family lifestyle and still not have to maintain it. TUKWILA CITY COUNCIL, REGULAR MEETING January 17, 1983 Page 5 PUBLIC HEARING Cont. Planned Res. Dev. Councilman Morgan explained that homeowner associations are made in R -1 Zone up of the people that have a vested interest in the property. (cont.) The association establishes rules for quality of life. The PRD provides the City with an alternative for citizens who may not wish to live in shared housing, allows owners to take an active role in the management of their neighborhood and also provides for the development of land that would lay idle because it is not suitable for development as single family residence not in a planned development. Great pains were taken with this ordinance to be sure the developments will benefit the City. Councilman Duffie noted that he listens to the citizens and will vote the way the citizens want him to vote on this. He lives in a single family home, is proud to do so, and would like to leave it that way. Mrs. Connie Myers, 5505 So. 144th, said she is satisfied with things the way they are now. Mr. Colson said he would rather live in a single family unit with a yard around it and a jogging path to jog on than to share a wall with his neighbor and have to listen to his stereo. The key issue is do we want to expand or stay where we are. We are thinking about a nice area here and it will be a nice place to live. 9:55 P.M. RECESS: 10:15 P.M. Mr. Pieper commented that in developments of 3 or 4 acres, there is not enough space left for jogging trails, swimming pools and tennis courts. The open space could be left in natural growth which would require n o maintenance, therefore, the monthly fees could be zero. Mr. Westlund said the intent is not to run the bulldozer over the whole total 10 acres. If there is beautiful natural vegetation, it will be left. Mr. Collins explained that this would not permit multi family, common -wall development in the R -1 zone. It would not restrict the minimum lot size to a specific lot size such as 7,200 sq. ft. The lot size would have to be approved by the City Council and meet the minimum requirements for setbacks. It would not allow a greater density of houses than it would under a traditional sub- division. The Council has the power to deny a PRD if it does not satisfy their concerns. Mayor Van Dusen declared the Public Hearing closed. MOVED BY HILL, SECONDED BY HARRIS, THAT COUNCIL RECESS FOR 10 MINUTES. MOTION CARRIED. Mayor Van Dusen called the Regular Meeting of the Tukwila City Council back to order. Councilman Morgan said, at the Committee of the Whole, it would be very helpful if Council had an outline of procedure an ap- plicant would use and the criteria that would be used by the City for consideration of a PRD should the ordinance be passed. Would the City remain in a contracting relationship with the developer or the homeowner's association or would the City's interest in this cease beyond the approval. MOVED BY BOHRER, SECONDED BY MORGAN, THAT THE PRD IN THE R -1 ZONE DISTRICT BE ON THE AGENDA FOR A COMMITTEE OF THE WHOLE MEETING AT THE COUNCIL PRESIDENT'S DISCRETION.* MOVED BY BAUCH, SECONDED BY BOHRER, THAT THE MOTION BE AMENDED TO HAVE THE PLANNING DEPARTMENT PRESENT A MAP THAT SHOWS ALL THE AREAS IN THE CITY THAT COULD BE ELIGIBLE. MOTION CARRIED. *MOTION CARRIED. 2OUNCILMAN DUFFIE: COUNCILMAN HILL: COUNCILMAN DUFFIE: V E R B A T I M T R A N S C R I P T PORTION OF MINUTES FROM JANUARY 17, 1983. It looks like I have to speak against this. Wait a minute Joe, you don't have to; this is a public hearing, supposedly, for us to hear from the public. This isn't going to be done tonight. I am going to let the public know how I feel. Everybody else has had comments, so it is my time. I live in a single family residence, and I am proud of it. I have no qualms about condo- miniums where they live, where they are now. If they want to stay there it is fine; if they want to go it's fine. I live in a single family residence. I think we are happy with what we have here and I think we like it. I think we have one of the greatest Police Departments there is in the State; in fact, as far as I'm concerned, in the whole United States. They have approximately 2 to 5 minutes in responding to any time you call. And, anytime you have junk cars and stuff on the street, we have an ordinance against that and they do a good job. They just went into our neighborhood and did a great job. I would like to thank the City for them doing it. I think anytime we can call upon them and they are there. As far as an armed Police Department, I look on this as a vigilante group, and the first thing I know you are going to go up to the wrong apartment house, and I guarantee we are going to have a problem. We pay Police for that kind of protection, and I think we should leave it right there where it belongs -with them. I am for single family residence; this is my problem and I am speaking tonight for myself because once we get on the -this thing coming to a vote, I will have to listen to the audience, I mean to the citizens. I told you that before that I would vote according to the way the citizens want me to vote. If I don't like it and that is what they want I can go for it. I might not like it but I can live with it. Tonight I am speaking for myself and for myself only. I am proud to live in a single family residence and I would like to leave it as is. Period. Thank you. TUKWILA CITY COUNCIL, REGULAR MEETING January 17, 1983 Page 6 OLD BUSINESS Resolution #844 Accepting the plat and com. street improve- ments for Upland Drive NEW BUSINESS Resolution #845 Proposing review of its current form of govern- ment Councilman Hill explained that Upland Drive was constructed as a cul -de -sac but there is a curb cut on thesouth that allows through traffic to Triland Drive. This is not a cul -de -sac; it is a through street. He asked if the City could install a barrier to impede the traffic. This could cause a real problem, so if the City is going to allow truck traffic, how would it be to require a street that meets the commercial requirements. Mr. Brent Commins, representing Upland Industries, said that Resolution #584 addressed the width of the cul -de -sac. The access to the south is on private property; it is not an en- couraged through route. The asphalt area is used specifically for maneuvering trucks at the warehouse. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Woo read a resolution of the City of Tukwila, Washington, accepting the plat and commercial street improvements for Upland Drive. MOVED BY HARRIS, SECONDED BY PHELPS, THAT RESOLUTION NO. 844 BE ADOPTED AS READ.* MOVED BY HILL, SECONDED BY BOHRER, THAT THE MOTION BE AMENDED TO ADD A BARRIER ON THE SOUTH TO RESTRICT THROUGH TRAFFIC ON UPLAND DRIVE. Councilman Bohrer noted that the motion is that City acceptance be conditioned on the barrier being constructed by the developer. Mr. Cummins explained that the property is no longer owned by Upland. They platted the property, constructed the street with utilities and then sold the property to developers. Mr. Cris Crumbaugh said five years ago Segale built this street. In the contract with Upland, it says they would receive the re- tainage when the street was accepted by the City. He asked Council to make it clear if they are not going to accept the street, it is because of the design rather than the way it was constructed. *MOTION CARRIED WITH BAUCH VOTING NO. *MOTION CARRIED, AS AMENDED, WITH BAUCH VOTING NO. Attorney Woo said he believes the City can set a condition for acceptance for a circumstance that was not foreseen at the time. Mr. Cummins expressed concern where the barrier has to be built. Mayor Van Dusen said it is something administration is going to have to address. Councilman Bohrer said that the issue here has been the design of the project in the final review process of accepting it, not with the construction of it. The report says it was constructed to City standards. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Woo read a resolution of the City of Tukwila, Washington, proposing review of its current form of government. MOVED BY HILL, SECONDED BY DUFFIE, THAT RESOLUTION NO. 845 BE ADOPTED AS READ.* TUKWILA CITY COUNCIL, REGULAR MEETING January 17, 1983 Page 7 NEW BUSINESS Cont. Resolution #845 Proposing review of its current form of govern- ment (cont.) Ordinance #1286 Appropriating un- anticipated funds for purchased water MISCELLANEOUS Upland Drive ADJOURNMENT 11:00 P.M. MOVED BY BOHRER, SECONDED BY PHELPS, THAT ATTACHMENT C OF THE RESOLUTION BE AMENDED BY: 1. CHANGING "COUNCIL" TO "PERSONNEL" ON LINE A. 2. ADD "THE MAYOR IS THE CHIEF ADMINISTRATIVE OFFICER AND HE REMAINS THAT UNDER THIS FORM OF GOVERNMENT" AS THE FIRST ITEM UNDER C, ADMINISTRATION. 3. ADD THE THREE POLITICAL FUNCTIONS OF THE MAYOR UNDER B, AS THE FIRST THREE FUNCTIONS UNDER C, POLITICAL. MOTION CARRIED. *MOTION CARRIED AS AMENDED. MOVED BY HILL, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Woo read an ordinance of the City of Tukwila, Washington, appropriating unanticipated funds for additional purchased water charges from the City of Seattle and amending the 1982 Budget as adopted by Ordinance No. 1241. MOVED BY HILL, SECONDED BY PHELPS, THAT ORDINANCE NO. 1286 BE ADOPTED AS READ. MOTION CARRIED. Mayor Van Dusen said that if the problem with Upland Drive is not resolved in one month, he will bring it back to Council. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. City Clerk M6y`ar' 3 ef?3