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HomeMy WebLinkAbout1985-05-06 Regular MinutesTUKWILA CITY COUNCIL May 6, 1985 Tukwila City Hall 7:00 P.M. Council Chambers Regular Meeting OFFICIALS IN ATTENDANCE REPORTS Fire Service Recognition Day National Public Works Week Special Recognition City Council Police Dept. Mgmt. Audit So. King Co. Activity Ctr. (42nd Ave. So.) Staff CONSENT AGENDA MINUTES CALL TO ORDER Mayor Van Dusen called the Regular Meeting of the Tukwila and City Council to order and led the audience in the Pledge of PLEDGE OF ALLEGIANCE Allegiance. ROLL CALL LIONEL C. BOHRER, EDGAR D. BAUCH, Council President, DORIS E. PHELPS, JOE H. DUFFIE, WENDY A. MORGAN, CHARLES E. SIMPSON. JAMES HANEY, City Attorney; MAXINE ANDERSON, City Clerk; DON MORRISON, City Administrator; BYRON SNEVA, Public Works Director; BRAD COLLINS, Planning Director; DON PIERCE, Police Chief; DON WILLIAMS, Parks Recreation Director. Mayor Van Dusen read a Proclamation declaring May 11, 1985 as Fire Service Recognition Day in Tukwila and urging all citi- zens to visit the Fire Service Exhibition at Southcenter Mall. He also read a Proclamation declaring the period of May 19 through May 25, 1985, as National Public Works Week in the City of Tukwila and invited all citizens to acquaint them- selves with the problems involved in providing Public Works Services. Don Pierce, Police Chief, introduced Reverend Nick Krantz of the Foster Tukwila Presbyterian Church and presented him with a Police Chaplain Badge. Rev. Krantz has been active in the Chaplaincy program with the Tukwila Police Department. MOVED BY BAUCH, SECONDED BY MORGAN, THAT THE CITY COUNCIL RECOGNIZE THE RECEIPT OF THE POLICE DEPARTMENT MANAGEMENT AUDIT AND PUT IT IN THE PUBLIC SAFETY COMMITTEE FOR STUDY. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE CITY COUNCIL ACKNOWLEDGE RECEIPT OF A LETTER FROM THE ADMINISTRATOR OF THE SOUTH KING COUNTY ACTIVITY CENTER REQUESTING FUNDS AND PUT IT IN THE COMMUNITY AFFAIRS COMMITTEE. MOTION CARRIED. Byron Sneva, Public Works Director, reported that he and the Attorney met with the Metro Staff again to review their response to the City's proposal on the agreement for the construction of the Effluent Transfer System. Metro feels that there is no way they can enter into an agreement with the formation of a construction fund where they would pass along the savings to the City of Tukwila. They say it is legally impossible to do that and policy -wise they would not want to do it. They are preparing another draft agreement for the City. MOVED BY BOHRER, SECONDED BY MORGAN, THAT COUNCIL DISCUSS THE E.T.S. DURING THE EXECUTIVE SESSION. MOTION CARRIED. a. Approval of Minutes: April 15, 1985 b. Approval of Vouchers TUKWILA CITY COUNCIL, REGULAR MEETING May 6, 1985 Page 2 CONSENT AGENDA Cont. Resolution #949 Resolution #950 OLD BUSINESS Resolution #951 Establishing fees for excavation permits NEW BUSINESS Unanticipated Com- munity Dev. Block Grant Funds Item 6b- Voucher Approval b. Approval of Vouchers Cont. Claims Fund Vouchers #21690 #21905 Current Fund Golf Course Spec. Rev. Street Fund Federal Shared Rev. Land Acq, Bldg, Dev. Unemployment Comp. Water Fund Sewer Fund Equipment Rental *MOTION CARRIED. 54,369.27 6,262.92 35,322.39 2,608.83 5,191.13 4,999.70 14,959.27 722.28 21,773.79 $146,209.58 c. A resolution of the City Council of the City of Tukwila fixing the time for a public hearing upon a petition for vacation of certain public right -of -way within the City of Tukwila generally described as South 133rd Street lying easterly of South 134th Place. (Sheehan) d. A resolution of the City Council of the City of Tukwila fixing the time for a public hearing upon a petition for vacation of certain public right -of -way within the City of Tukwila generally described as that portion of South 152nd Street traversing Tracts 37 and 38, Brookvale Garden Tracts. (Hampton Heights Associates) MOVED BY DUFFIE, SECONDED BY SIMPSON, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Council President Bauch asked to have the vouchers removed. *MOTION CARRIED. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Haney read a resolution of the City Council of the City of Tukwila, Wash., establishing the fees for excava- tion permitsissued pursuant to Chapters 11.22 and 16.54 of the Tukwila Municipal Code, passed as part of Ordinance No. 1341 of the City. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT RESOLUTION NO. 951 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY SIMPSON, SECONDED BY DUFFIE, THAT COUNCIL AUTHORIZE THE MAYOR TO AMEND THE LOWER FOSTER PARK DRAINAGE PROJECT CONTRACT BY ADDING $1,149 TO IT. MOTION CARRIED. Council President Bauch reported that when he reviewed the voucher for Ogden, Ogden and Murphy, he noticed revision of Titles 8 and 9 listed under Special Matters, it should be a routine matter. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE VOUCHERS BE APPROVED LESS VOUCHER NO. 1241 FOR OGDEN, OGDEN AND MURPHY.* Don Morrison, City Administrator, said that the revisions to Titles 8 and 9 are so extensive they were considered a spe- cial matter. TUKWILA CITY COUNCIL, REGULAR MEETING May 6, 1985 Page 3 PUBLIC HEARING Appeal of Determina- of Significance for Spring Ridge Invest- ments Short Subdivi- sion (Pond Site) Mayor Van Dusen explained that this hearing is on an appeal by the proponents of a short plat on the Tukwila pond pro- perty from a declaration of environmental significance issued by the City's Responsible Official, Brad Collins, Planning Director. The testimony taken at this hearing shall be under oath, a taped record will be maintained and Council, after hearing all of the evidence, shall enter findings and conclusions in support of its decision, and the findings must be in writing. Mayor Van Dusen stated that the City will start with the Responsible Official, Brad Collins, testifying first, followed by staff members, Don Pierce, Police Chief; Ross Earnst, City Engineer; and Don Williams, Parks and Recreation Director. The applicants will follow staff and then anyone from the general public may speak. After all have been heard, there will be time for rebuttal. Once all testimony is taken, the City Council may close the hearing on the appeal and proceed to consider its findings and conclu- sions. Attorney Haney explained that Council is here to determine specific rights of specific parties. Council is sitting as the City's SEPA Responsible Official. They will review the checklist and all of the documents and all of the evidence given tonight during the hearing to make a determination of significance or non significance with respect to the propo- sal. Council should consider all of the relevant evidence and make their decision based on that. The issue is, "Is this project going to have significant adverse environmental impacts or isn't it Is the determination by the Responsible Official that a Declaration of Significance is warranted a proper and correct decision? Council is to con- sider the decision of the Responsible Official and give it substantial weight. If Council determines that, on the basis of the evidence, they should make a decision other than the one made by Brad Collins, they can reverse his decision and issue a Declaration of Non Significance. Council should also consider the mitigating measures proposed by the applicant. At the end of the testimony and closing of the Public Hearing, Council may adopt the Findings and Conclusions sub- mitted by Staff if they are appropriate or Council may adopt their own findings based on the evidence. Attorney Haney noted that since Council Member Harris is absent this evening, she can participate in the final deci- sion if she listens to the tapes. Mayor Van Dusen declared the Appeal Hearing open and appointed numbers to the exhibits submitted as evidence, as follows: 1. Planning Division Staff Report dated May 6, 1985 Appeal of DS for Spring Ridge Investments Short Subdivision (85- 05 -SS, EPIC 263 -85. 2. Letter from Law Offices of Buck and Gordon to Councilman Edgar D. Bauch dated May 1, 1985 and signed by Jay P. Derr. 3. Memorandum to the City Council from the Planning Department dated April 30, 1985 Appeal of Responsible Official's Determination of Significance for the Spring Ridge Development Company Short Subdivision impacts. 4. Letter from Commercial Design Associates, Inc. to Rick Beeler (Project: Spring Ridge Short Plat; Subject: Appeal of D.S.), dated April 24, 1985, signed by Scott Shanks. TUKWILA CITY COUNCIL, REGULAR MEETING May 6, 1985 Page 4 PUBLIC HEARING Cont. Appeal of Determina- of Significance for Spring Ridge Invest- ments Short Subdivi- sion (Pond Site) (Cont.) RECESS: 7:50 p.m. -8:05 p.m. Administer Oath for Testifying Brad Collins Proposal 5. Determination of Significance and Request for Comments on scope of E.I.S., dated April 24, 1985, signed by Brad Collins. 6. Letter from Commercial Design Associates, Inc. to Rick Beeler (Project: Tukwila Pond Site, Your File No. EPIC 263 -85; Subject: Short Plat Application Additional Information) dated April 22, 1985, signed by Scott Shanks. 7. Letter from Shidler, McBrown Gates to Mr. Brad Collins (Re: Spring Ridge Short Plat Traffic Impact Study) dated April 15, 1985, signed by Gary D. Huff. 8. Letter from the Transpo Group to Mr. Richard Eichler (Subject: Spring Ridge Short Plat Traffic Impact Study) dated March 26, 1985 signed by James W. Mac Isaac, P.E. 9. Short Plat Application and Development Proposal, Tukwila Pond Site, Tukwila, Wash., dated February 18, 1985. 10. Letter from Independent Ecological Services to Brad Collins, dated April 24, 1985 (Impacts to Tukwila Pond from proposed development along Strander Blvd.) 11. Handwritten draft, dated March 11, 1985, Short Plat 85- 05 -SS, EPIC 263 -85 Early Notice, Threshold Determination Considerations. 12. Letter from L. Rick Beeler to Scott Shanks (Re: Tukwila Pond Site EPIC 263 -85) dated March 12, 1985. Addition to Exhibit #1. Site Plan (Exhibit 4) was added to Exhibit 1. Council requested a short recess. Mayor Van Dusen called the meeting back to order with Council Members present as pre- viously reported. *APPEAL HEARING CONTINUED** Attorney Haney administered the Oath for Testifying to all those wishing to speak City Staff, Applicant, Represen- tatives of Applicant, General Public and anyone else wishing to be heard. Brad Collins described, by the use of overheads and exhibits, the nature of the decision. He reviewed the Planning Division Staff Report. There are three bases for the appeal made by the applicant. First, the proposed short plat does not constitute a major action significantly affecting the quality of the environment. Second, mitigation of identified impacts is adequate. Third, mitigation of unidentified impacts is discouraged, not necessary, and can be suf- ficiently addressed at a later time. Mr. Collins read the 30 Findings and 17 Conclusions from the Staff Report (submitted as Exhibit 1) used in making the decision. The first 10 findings refer to the process that was undertaken in this application. The project site is located at the southwest corner of Strander Blvd. and Andover Park West. The entire property is roughly square, approximately 1,250 feet on a side. Of that S/ Y Y TUKWILA CITY COUNCIL, REGULAR MEETING May 6, 1985 Page 5 PUBLIC HEARING Cont. Appeal of Determina- of Significance for Spring Ridge Invest- ments Short Subdivi- sion (Pond Site) (Cont.) Applicant area, roughly one -half is covered by a shallow pond. The proposalon Lot 1 is to develop 11.791 acres of the property fronting on Strander Blvd. to a depth of approximately 393 feet south of Strander. This portion would be developed, by First Western Development, into a retail, restaurant and 40,000 square foot office complex. Lot 2 adjoins Lot 1 on the south, is L shaped and contains 17.365 acres. There is a square approximately 639 feet by 663 feet in the southeast corner not included in the Short Plat. Mr. Collins concluded (from the staff report) based on the findings and conclusions of significant, adverse impacts which have not been adequately mitigated and on the substan- tial weight accorded the decision of the Responsible Official, a determination of significance is made for the Spring Ridge Investments proposal. Don Pierce, Police Chief, commented that the concerns of the Police Department are related to the traffic this proposal will generate and the impact it will have on Strander Blvd., Andover Park West and the general traffic in the area. The report indicates that the proposal will generate 10,000 addi- tional trips per day to and from the area. He expressed con- cern about the impact to the outlying area. There are other intersections that will be affected. The proposal doesn't address development of the entire parcel. Basically, we need to have more study and address the larger impacted area, the total development impact and the impact past 1986. Ross Earnst, City Engineer, noted that the increase in traf- fic on Strander Blvd. is a significant adverse impact. An increase in traffic accidents can be expected. The traffic analysis should consider the total development of the site and project, the traffic for that time. Also traffic at the City entrances should be analyzed for impact. The easement to Lot 2 does not appear to be useful without modification to the pond or relocation of the easement. Don Williams, Parks and Recreation Director, said that the environmental checklist for the proposed short plat does not provide sufficient information to determine the total impacts that dividing the area into Lots 1 and 2 will have on the pond. The proposed short platting is a major change from the present land lot configuration and informal use. Because of this, it is appropriate to consider the proposed short plat significant. Michael Hess, First Western Development, said that they are a local developer. They are located in Lynnwood and have been doing business in the area for over 13 years. At the pre- sent, they are constructing a project at Strander Blvd. and West Valley Highway. Also, they have just opened a Real Estate Office in the City. They have been working on the Pond Site proposal for over a year. After working with Staff, they have determined that it is not feasible to develop the entire site at this time and the decision was made to do this as a phase development. The best way to do this is by Short Plat. It is the best way to get the first phase under construction and allows the City, with the mitigating items proposed, the most flexibility and also the most control on the later phases of the project. When they started on the short plat application, they determined there were two very significant issues that needed to be addressed -the pond and the traffic. These were addressed in great detail. Experts were hired to address the issues. TUKWILA CITY COUNCIL, REGULAR MEETING May 6, 1985 Page 6 PUBLIC HEARING Cont. Appeal of Determina- of Significance for Spring Ridge Invest- ments Short Subdivi- sion (Pond Site) (Cont.) Mr. Hess introduced the following five people who were pre- sent to testify: 1. Ed Schaffnit, Real Estate Economic Consultant. 2. Scott Shanks, Commercial Design Associates (Architect). 3. Dennis R. Neuzil, Entranco Engineers (Traffic Consultant) 4. Rex VanWormer, Biological Consultant 5. Jay Derr, Attorney with Buck Gordon (Land Use Attorney) Ed Schaffnit, representing Spring Ridge, the owner of the property, has been an economist on the property for two years. He reviewed past developmental history of the site. It has been assessed by several and detailed feasiblity stu- dies made. It has been concluded that the risks were too great for committing the resources to total development given the time, uncertainties of approval and a capital commitment in the marketing time for the entire property. First Western has proposed a short plat of 12 acres on Strander which will not have any critical environmental impacts on either the remainder of the property or surrounding uses which cannot be adequately mitigated through measures offered by the developer. Prior to developing the remainder of the property, Spring Ridge is prepared to commit to preparing an EIS, to the PUD Guidelines, to an LID for South 168th St., and is also pre- pared to face the mitigating measures for the accumulative affects that would impact Lot 2. He requested that Council support First Western's appeal for issuance of a mitigated declaration of non significance and let development get started. Scott Shanks, Commercial Design Associates, said they are the Architects and Planning Consultants that have been involved on this project over this past year. The pertinent infor- mation surrounding their proposal is included in the short plat application. Because of the unique characteristics of the site it became evident that there was only one feasible approach to developing the site. Their proposal responds to all of the constraints in a way that does not compromise in giving the City what they feel is an outstanding project. He submitted the following exhibits for the record: 13. Aerial photo of the site. 14. Color rendering of the site plan illustrating their pro- posal. 15. Color rendered perspective illustrating the portion of the buildings facing the pond. 16. Color rendering illustrating the office building at the corner of Strander and Andover Park West. 17. Color rendered perspective illustrating the design approach to the retail building. 18. Aerial photograph illustrating the site when there was no water on it. The site development plan illustrates development on the por- tion of the site that was previously filled. They propose to develop approximately 11.8 acres of the total 40 acre site. They propose a mixed use specialty retail, restaurant and office complex. The total square footage of the proposal is 170,850 square feet. They intend to incorporate pedestrian oriented items. They propose a pathway along the west pro- perty line. The office building will be four stories constructed of masonary and concrete. One of the site constraints on this project is the poor soil condition. Any structure of significant weight (over one story) needs to be TUKWILA CITY COUNCIL, REGULAR MEETING May 6, 1985 Page 7 PUBLIC HEARING Cont. Appeal of Determina- of Significance for Spring Ridge Invest- ments Short Subdivi- sion (Pond Site) (Cont.) supported on deep pile foundations of 150 to 170 feet in depth. The cost on this type of a foundation system is great and must be spread over more floor area. Based on this, most of the development proposed is of one story construction. The short plat application calls for filling the current site by four or five feet. Their experts have indicated that this fill will create no long term impacts either on the site or on the surrounding properties. They will work with the City to plan an acceptable system for hauling the fill in. Their building sets back 55 feet from the pond edge and we intend to keep the natural landscape buffer now existing along the pond edge. The access road into Lot 1 aligns with one of the main entrance roads into the Southcenter property and is intended to be a signalized intersection. This road is included in the City of Tukwila Transportation Plan. Dennis Neuzil, Associate with Entranco Engineers, said their scope of work for this project was to estimate traffic volumns generated by the proposed short plat, determine the traffic impact to the immediate vicinity of the site, to eva- luate the degree of mitigation afforded by the applicant's proposed improvements adjacent to the site and to develop recommended preliminary engineering for those improvements of roadway and traffic control with cost estimates. He pre- sented the three following exhibits that were not included in the traffic report,for the record: 19. 1984 Average Weekday Traffic 20. 1986 AWDT and LOS with Spring Ridge 21. Minkler Boulevard Design Report Mr. Neuzil discussed several of the tables from Exhibit 9 and explained that Strander Blvd. is proposed to be widened by 16 feet. There will be an additional 6 feet of widening to the west side of Andover Park West and the signal will be modified with a new traffic signal being installed at the access to Lot 1. A turn -out for southbound Metro buses will be provided on Andover Park West. He compared peak -hour level of service along Strander and Andover Park West without and with the Spring Ridge development. They estimate an increase of 4 to 8 accidents per year with the development created just by the increase in traffic volumn. Scott Shanks, Commercial Design Associates, said they propose to dedicate the necessary ground and provide the improvements necessary along the north boundary line. This includes the relocation of utilities, the additional pavement necessary for the new traffic lane configurations, sidewalks, curbs and gutters. They would also pay for the installation of the traffic signal at their north entry. They will dedicate the necessary property along Andover Park West and create the same improvements along with the necessary signal changes. Public roadway cost improvements are estimated to run $306,000. In addition, they agree to participate in an LID to extend So. 168th Street. Robert L. "Rex" VanWormer, owner and lead Biologist of a Biological Consulting Firm, Independent Ecological Services, said he has looked at the proposed development on the north filled site as it relates to the pond and the wetland area and to the wild life uses of both. They evaluated the amount of fill in relation to the unfilled portion -38% filled, 62% unfilled. Exhibit 18 shows the site prior to it becoming a pond. It became a pond as development occurred around the site, and it became the lowest point. Water stood on the property and killed off the existing vegetation. The pond 5197 TUKWILA CITY COUNCIL, REGULAR MEETING May 6, 1985 Page 8 PUBLIC HEARING Cont. Appeal of Determina- of Significance for Spring Ridge Invest- ments Short Subdivi- sion (Pond Site) (Cont.) Continuation EXECUTIVE SESSION 11:07 p.m. 11:40 p.m. 11:41 p.m. is formed by surface water. With completion of the P -17 Project, a significant amount of the runoff will no longer go into the pond. There is a strong probability that, in the near future, the pond will change. The bottom of the pond is soft mud that has a very low biological value. The birds that come into the pond are using it as a loafing area; it is a security area for them. With the one story concept, the flight view of birds moving in and out will not be disrupted. The project is designed to separate the pond from the main parking areas. It is possible to plant a buffer area to regulate human access to the pond. With the development, the surface water runoff would go through oil separators and should improve the quality of the water. The birds using the pond right now will not be affected by the movement around the pond. i Jay P. Derr, Attorney for Spring Ridge, stated that under the mitigated negative declaration, provisions for SEPA and the local ordinances, any conditions that are imposed as mitiga- tion automatically have to be imposed as conditions of the short plat approval. The City would have the authority under SEPA to require an EIS on the southern part of the property. The experts that have testified for the applicant have indi- cated that construction on the northern part of the property can adequately address the impacts through the mitigations proposed. The questions remaining can be addressed by an Impact Statement on the southern part of the property at the time it is developed. At this time there are no plans for development of the south side. The applicant is concerned about having to guess at proposed development. Doing an EIS today doesn't guarantee or define the development on the southern part of the property. The applicant is suggesting that the focus be on the development on Lot 1 and that the impacts identified on the checklist can be adequately miti- gated by the conditions that have been proposed. Mike Hess, First Western Development, said the north 12 acres were selected for development because of the soil conditions and the economics at this time. After discussions with staff about possible developments on the south, it was concluded that they were hypothetical; they don't tell anything. It was agreed that the PMUD process was the best way to ensure that the City had very good and very strong controls on what would be developed. MOVED BY BAUCH, SECONDED BY PHELPS, THAT COUNCIL CONTINUE THE APPEAL HEARING TO NEXT MONDAY NIGHT. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY PHELPS, THAT COUNCIL EXTEND THIS MEETING TONIGHT TO HEAR THE TWO ITEMS IN EXECUTIVE SESSION. MOTION CARRIED. Executive Session called to discuss labor negotiations and the ETS Project. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT COUNCIL GO OUT OF EXECUTIVE SESSION. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY BOHRER, THAT THE REGULAR MEETING BE CONTINUED TO NEXT MOND Y i Gas i-e V.n DGsen, Mayor' Maxine Anderson, City Clerk