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HomeMy WebLinkAbout1985-08-19 Regular MinutesTUKWILA CITY COUNCIL August 19, 1985 Tukwila City Hall 7:00 P.M. Council Chambers CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS IN ATTENDANCE REPORTS Tukwila 2000 Task Force CITIZEN'S COMMENTS So. 152nd Street Vacation CONSENT AGENDA Regular Meeting M I N U T E S Mayor Van Dusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. LIONEL C. BOHRER, MABEL J. HARRIS, 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, BRAD COLLINS, Planning Director. Mayor Van Dusen announced that he is looking for members to be on the Tukwila 2000 Task Force. He asked Council for any suggestions. He read a letter from Northwest Datsun Lift Trucks, Inc. on Industry Drive. They commended the City on the attractive banners decorating the City streets. Mayor Van Dusen said he has received alot of good comments on the banners. He has received a copy of the Zoo bond Proposal from Randy Revelle, County Executive. It was turned over to Council Member Phelps for discussion at the meeting of the Parks and Recreation Committee. Wednesday, August 28th, is the day the City will entertain for the "Chamber After Hours The hours are 4:30 P.M. to 6:30 P.M. Graydon Smith, audience, said he understood that the So. 152nd Street Vacation was to be on the agenda this evening. Council President Bauch said they wanted a status report on the location of the original street right -of -way. He recalled that there was an existing right -of -way that was relocated. Mr. Smith said he would contact the Engineering Department to help clarify the problems and asked if they could be on the agenda for September 3rd. He was assured if the staff report is ready, it would be. a. Approval of Minutes: August 5, 1985 b. Approval of Vouchers Claims Fund Vouchers #22807 #22974 Current Fund Golf Course Spec. Rev. City Street Arterial Street Federal Shared Rev. Land Acq, Bldg, Dev. Water Fund Sewer Fund Equipment Rental Unemployment Compensation Firemen's Pension 33,541.64 11,957.96 19,842.52 37,657.63 10,663.76 4,208.00 24,479.98 36,166.81 11,374.72 6,949.02 457.85 $197,299.89 TUKWILA CITY COUNCIL, REGULAR MEETING August 19, 1985 Page 2 CONSENT AGENDA cont. Res. #971 OLD BUSINESS Ordinance #1359 Amending the Compre- hensive Land Use Policy Plan Map c. A resolution of the City Council of the City of Tukwila, Washington, approving a contract for jail services bet- ween the City of Tukwila and King County and authorizing the Mayor to sign the same on behalf of the City. MOVED BY BAUCH, SECONDED BY SIMPSON, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. Council President Bauch commented that there was a Voucher from the State of Washington for $200 for violation of Safety Procedures at the City Shop. Council Member Phelps commented that she has listened to the tapes of the meetings she has missed where the amendments to the Comprehensive Plan and Zoning Map were discussed. Also, on the 15th of July she visited the Markham property. She did not discuss development plans with Mr. Markham. The pur- pose for the visit was to get a sense of the layout, topography, views that had been discussed and to get better familiarized with the issues. She suggested to Mr. Markham that he contact the State Highway Department concerning their mutual boundary along the freeway. Mr. Markham stated to her that he had some concerns whether or not specific development plans would be of help to the Council in making its decision. She told him she could not talk to him about that, but if he had any concerns or remarks about the development of his pro- perty, he should put it in writing to the Council. She asked that the previous statements be included in the minutes. Attorney Haney asked if anyone has a problem with Mrs. Phelps continuing to consider this matter at the Council Table based on her disclosure. Joel Haggard, 2426 Financial Center, Seattle, (Attorney for Mr. Markham) stated they feel it inappropriate for Mrs. Phelps to continue to participate in the discussion under the Appearance of Fairness Doctrine as well as the Constitutional Due Process. Council Member Phelps said she reviewed the entire annexation area. Mr. Haggard withdrew his objection to Mrs. Phelps based on what she disclosed. He objected to anyone that had not listened to the record. Council Member Duffie asked if they objected to him sitting on the Council and participating in the discussion. Mr. Haggard said yes he did object for the reasons stated in his letter to the City Council dated August 14, 1985. (Appearance of Fairness Doctrine.) Mayor Van Dusen clarified that if anyone at the Council Table feels there is a conflict, they can step down. Attorney Haney said that the Council Procedures provides for removal of a Council Member. Council Member Duffie said that he did not want to put a mark on the Council or on the City so, at this time, he said he would remove himself from the Council. Whatever happens, Mr. Markham will not be able to come back and say he had something to do with it. TUKWILA CITY COUNCIL, REGULAR MEETING August 19, 1985 Page 3 OLD BUSINESS cont. Ordinance #1359 Amending the Compre- hensive Land Use Policy Plan Map (Cont.) RECESS 8:00 8:15 P.M. Council Member Duffie left the Table. Council Member Morgan said she was absent on the evening of June 24. She has listened to the tapes and reviewed the information in the packet. Mr. Haggard stated, for the record, that he noted an objec- tion based on the reasons articulated in the letter dated August 14th which was filed with the City. Attorney Haney stated, for the record, that it is his opinion since Miss Morgan has listened to the tapes, reviewed the exhibits and no final decision has been made at this point, no findings adopted, she is free to participate in these proceedings. MOVED BY BAUCH, SECONDED BY PHELPS, THAT COUNCIL ADOPT THE FINDINGS AND CONCLUSIONS AS DEPICTED ON THE REPORT INCLUDED IN THE COUNCIL AGENDA PACKET TITLED PLANNING COMMISSION, STAFF REPORT, REVISED JUNE 24, 1985.* Council Member Phelps said she would like to discuss the pro- perty at 4220 So. 164th Street. It has a higher density zoning in the County and, if the Comprehensive Plan and Zoning Ordinances are passed, Council will be changing the zoning designation to low density residential. She argued for a lower density residential zoning other than R -1. An R -2 zoning on the property would allow no more than 6 units. This would serve as a buffer between what is existing to the west and the single family residences. It would protect some of the rights of the property owner, as he has already invested a great deal of his own personal time and finances into a Building Permit Application at the County prior to the annexation. Attorney Haney said that there is a definate issue of vested rights regarding the pending nature of a building permit application for a 21 unit apartment complex with the County and whether the building permit must be honored by Tukwila. Council Member Phelps stated that 21 units on that parcel is far to dense. It does not come close to the standards Tukwila has for multi family residential development. Council Member Harris agreed with Mrs. Phelps. No one should be harmed by annexing to the City. Council Member Simpson agreed also. High density does not belong there, but R -2 is an agreeable solution to the problem. Council President Bauch spoke against the proposal. It would be unfair to the property owner and unfair to all the people who live around there. The people annexed to Tukwila based on a plan that said it would be single family. The Planning Commission has made this recommendation and we should uphold it. Mayor Van Dusen declared a five minute recess. He called the Regular Meeting back to order with Council Members present as previously reported. TUKWILA CITY COUNCIL, REGULAR MEETING August 19, 1985 Page 4 OLD BUSINESS cont. Ordinance #1359 Amending the Compre- hensive Land Use Policy Plan Map (Cont.) 7 L 1 Mayor Van Dusen announced that this is a continuance of the Public Hearing. We are at the point where the Council is deliberating the Findings and Conclusions. Testimony from the public has been completed. Mayor Van Dusen noted that he and Don Morrison met with Mr. Markham several weeks ago at his property. They walked the property, but gave him no indication of their feelings on the zoning. They discussed procedures to be followed in dealing with Council. Attorney Haggard said, based on Mayor Van Dusen's disclosure, he has no objection under the Appearance of Fairness Doctrine. MOVED BY PHELPS, SECONDED BY SIMPSON, TO AMEND THE FINDINGS AND CONCLUSIONS REVISED JUNE 24, 1985, MCMICKEN HEIGHTS COMPREHENSIVE PLAN AMENDMENT, AS FOLLOWS: 1. Page 1, paragraph B under Findings, last sentence to read "The lots affected are 16218, 16228, 16234 42nd Avenue South and 4220 and 4230 So. 164th Street and are to the north and east of the commercial area in the northeast corner of 42nd Avenue South and So. 164th Street intersection." 2. Page 1, paragraph F to read "The proposed amendment would be to redesignate the 16218, 16228, 16234 42nd Avenue South lots with office, a more appropriate land use designation given the existing and surrounding land uses, and 4220 and 4230 So. 164th Street lots with medium density residential as a transition zone." (amended Exhibit B). 3. Page 3, add "Objective 2, Policy 1 (P.47): Provide for medium density transition areas between high and low density residential areas. The amendments, as proposed, would establish a transition area or zone where density of residential development gradually diminishes from Commercial /Office /High Density Multiple Family to Low Density Single Family. Within this transition area might be located duplexes or triplexes, uses which are more compatable with the nature of single family areas. In this manner, the single family neighborhood is not damaged vis -a -vis such formidable structures, and the longevity of the single family neighborhood is promoted." 4. Page 3, paragraph C to read "South 164th Street would retain its residential character 5. Page 4, Summary, add "The Council is approving amend- ments for Office and Medium Density designations for the area as shown on Exhibit B as amended Councilman Bohrer noted that the motion now includes 4230 which was not part of the discussion, 4230 is already deve- loped. The motion refers to a transition zone. In the past, Council has felt that office usage provides a better buffer between a dense use and single family. The justification for this change does not exist in terms of the current Comprehensive Plan. You are rewriting policies, not using the policies in the plan to justify the motion. Councilman Bohrer cited three arguments related to this amendment: TUKWILA CITY COUNCIL, REGULAR MEETING August 19, 1985 Page 5 OLD BUSINESS cont. Ordinance #1359 Amending the Compre- hensive Land Use Policy Plan Map (Cont.) 1. Clearly establishes a precedent for multi family use in this area. 2. The people who voted for annexation to the City relied on the Comprehensive Plan and Zoning Map that, that was the intent for the area. 3. There are other and better approaches for this property. An office designation which is restricted only to office use would be a superior approach. This would be possible to do on an individual rezone. By following the Planning Commission's recommendation, we are not foreclosing on future action on this property. ROLL CALL VOTE: BOHRER NO HARRIS YES BAUCH NO PHELPS YES MORGAN NO SIMPSON YES MAYOR VAN DUSEN NO *MOTION FAILED 4 -NO; 3 -YES Council Member Phelps said this was a difficult issue, there are a lot of gray areas. Some equitable approach to this one particular property needs to be sought. She asked Council to remain open to any sort of proposal that comes from any pro- perty owner with regard to his rights or desires. ROLL CALL VOTE: BOHRER YES HARRIS NO BAUCH YES PHELPS NO MORGAN YES SIMPSON NO MAYOR VAN DUSEN YES *MOTION CARRIED 4 -YES; 3 -NO MOVED BY BAUCH, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Haney read an ordinance of the City of Tukwila, Washington, amending the Comprehensive Land Use Policy Plan Map adopted by Ordinance Number 1039, as amended by Ordinance Number 1246, to change the designation of certain property previously shown as low density residential and commercial to professional office. MOVED BY BAUCH, SECONDED BY HARRIS, THAT ORDINANCE NO. 1359 BE ADOPTED AS READ.* MOVED BY BOHRER, SECONDED BY SIMPSON, TO AMEND THE LAST WHEREAS ON THE FIRST PAGE TO READ AUGUST 19, 1985. MOTION CARRIED. Voting on the original 3 -YES; 3 -NO. HARRIS CHANGED HER NO VOTE TO A YES TO APPROVE motion. THE ORDINANCE. *MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING August 19, 1985 Page 6 OLD BUSINESS cont. Ordinance #1360 Amending the Official Zoning Map by Estab- lishing Zoning for the McMicken Hts. Annexation MISCELLANEOUS Meeting Cancelled ADJOURNMENT 9:15 P.M. ROLL CALL VOTE: BOHRER YES HARRIS NO BAUCH YES PHELPS NO MORGAN YES SIMPSON NO MAYOR VAN DUSEN YES *MOTION CARRIED 4 -YES; 3 -NO MOVED BY BAUCH, SECONDED BY BOHRER, THAT COUNCIL ADOPT THE FINDINGS AND CONCLUSIONS OF THE PLANNING COMMISSION FROM THE STAFF REPORT REVISED JUNE 24, 1985.* MOVED BY BAUCH, SECONDED BY HARRIS, THAT ORDINANCE NO. 1360 BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Haney read an ordinance of the City of Tukwila, Washington, amending the Official Zoning Map of the City adopted by Ordinance Number 1247 by establishing zoning classifications on certain property recently annexed to the City and commonly known as the McMicken Heights Annexation. MOVED BY BAUCH, SECONDED BY BOHRER THAT ORDINANCE NO. 1360 BE ADOPTED AS READ.* MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE FOURTH WHEREAS BE AMENDED BY INSERTING ON AUGUST 19, 1985 AFTER FINDINGS AND CONCLUSIONS. MOTION CARRIED. Voting on the original 3 -YES; 3 -NO. HARRIS CHANGED HER VOTE TO YES. motion. *MOTION CARRIED WITH PHELPS AND SIMPSON VOTING NO. Attorney Haggard addressed Council and reviewed portions of the letter he sent to the Council. He drew attention to Attachment 1 in which he stated conditions that should guide the development of the Markham property regardless of whether it is R -4, RMH or whatever. They have asked for R -4 zoning subject to the conditions or in the alternative, they have suggested that the zoning of the Markham property be remanded back to the Planning Commission for further deliberation. Council Member Phelps said she prefers the Markham property go through a separate rezone action. Based on the fact that there is nothing coming out of Council Committee to go to the Committee of the Whole, Council President Bauch cancelled the meeting scheduled for August 26th. MOVED BY BAUCH, SECONDED BY SIMPSON, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Maxine Anderson; City Clerk