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HomeMy WebLinkAbout1985-09-16 Regular MinutesSeptember 16, 1985 7:00 P.M. CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS IN ATTENDANCE REPORTS Special Awards Proclamation Delegate to NLC Convention Property requested for street vacation belongs to State Highway Dept. CONSENT AGENDA TUKWILA CITY COUNCIL REGULAR MEETING MINUTES Tukwila City Hall 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, EDGAR D. BAUCH (COUNCIL PRESIDENT), DORIS E. PHELPS, JOE H. DUFFIE, WENDY A. MORGAN, CHARLES SIMPSON. JAMES HANEY (CITY ATTORNEY), MAXINE ANDERSON (CITY CLERK), HUBERT CRAWLEY (FIRE CHIEF), LUCY LAUTERBACH (LEGISLATIVE COORDINATOR), DON MORRISON (CITY ADMINISTRATOR), DON PIERCE (POLICE CHIEF), BYRON SNEVA (PUBLIC WORKS DIRECTOR). Hubert Crawley, Fire Chief, reported that on August 4 his Department was called to a house fire on 57th Avenue South. The Peterson's house was damaged extensively and the one member of the family almost lost his life. Fortunately, the neighbors were alert, saw the smoke and called the Fire Department. They ran over to the house and saw Jim Peterson asleep in the bedroom. One of the neighbors went through the bedroom window and assisted Jim out of the house. Mayor Van Dusen and Chief Crawley presented awards to the following men who by their actions, provided meritorious or heroic services in assisting the Fire Department and saving the life of a fellow citizen: DON LINDBERG Citizen Recognition Award in assisting the Fire Department in their performance of duty. MIKE HAMMER Citizen Meritorious Award for saving the life of another with minimal personal risk. TOM MUMMERT Citizen Heroism Award for an outstanding individual act in saving the life of another at great personal risk. Mayor Van Dusen read a Proclamation setting American Business Women's Association day as September 22, 1985, and urging all citizens to recognize the significant achievements of this organization. Mayor Van Dusen presented Kathy Roberts, President of the Organization, a copy of the Proclamation. Council Member Morgan nominated Council Member Harris as a Delegate to the National League of Cities Convention. Councilman Duffie seconded the nomination. There were no further nominations. Nomination carried. Council President Bauch said it was discovered that the property adjacent to South 133rd Street that the City had received a vacation request on belongs to the State Highway Department. The applicant has been refunded his money. a. Approval of Minutes September 3, 1985. b. Approval of Vouchers Claims Fund Vouchers #23091 #23230 Current Fund Golf Course Spec. Rev. City Street Federal Rev. Sharing Water Fund Sewer Fund Water /Sewer Construction Equipment Rental Firemen's Pension 73,975.18 11,620.80 38,547.87 853.49 30,261.71 36,769.47 95,504.66 14,627.93 186.55 $302,347.66 c. Acknowledge receipt of Addendums #1 and #2 to the Final Location and Feasibility Study and Regional Travel Impacts Report for the South 188th Connector. TUKWILA CITY COUNCIL REGULAR MEETING September 16, 1985 Page 2 CONSENT AGENDA Contd. PUBLIC HEARING Approve Planned Residential Dev. located across from Foster Golf Course. d. A resolution 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 151st Street east of 52nd Ave. South. e. An ordinance of the City of Tukwila vacating certain property located within the City dedicated for street purposes generally described as South 152nd Street, east of 58th Ave. South, amending the official street map of the City. The ordinance summary is included. MOVED BY DUFFIE, SECONDED BY SIMPSON, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. Council President Bauch asked to have 7(e), Ordinance vacating property described as South 152nd Street, east of 58th Avenue South, withdrawn from the Consent Agenda. Councilman Bohrer asked to have 7(c), Addendums #1 and #2 to the Final Location and Feasibility Study and Regional Travel Impacts Report for the South 188th Connector, withdrawn from the Consent Agenda. MOTION CARRIED. Mayor Van Dusen declared the Public Hearing open for consideration of an application for a Planned Residential Development requested by Group 5 Apartments. Rick Beeler, Planning Department, reviewed the proposal. It is the first Planned Residential Development application since adoption of the current Zoning Code. The application is for an 104 -unit apartment complex to be developed in two phases on a 42 -acres tract of land across Interurban Avenue from Foster Golf Links. The front area along Interurban is zoned C -2 and the up- hill portion next to 56th Avenue South is zoned R -3. After holding a public hearing the Planning Commission and Board of Architecture Review recommended that the City Council approve the application subject to certain conditions, Generally the site is fairly steep and the apartment units are proposed in two rows running parallel with the property and topography. The easterly row of building (56- units) will feature basement covered parking, while the upper 48 -units will have on -grade uncovered parking. The overall proposal conforms to the applicable criteria. The landscaping plan was sufficient to demonstrate conformance with the Zoning Code requirements. There is more than enough recreation space provided. Pedestrian access to Interurban from the upper units has been provided. Access to the upper units will be along 56th Avenue South at two points. Councilman Duffie expressed concern about the access to the upper property. It was noted that there is no way of making an access through the property because of the grade. Council Member Morgan expressed concern with the findings under Item J, Page 5. "The major environmental impacts assoc- iated with this proposal is the grading of the property which includes total disruption of existing vegetation. The soils consultant has indicated that this presents no problem for development as long as their recommendations are followed." She was concerned about who will enforce this, it seems that there are no conditions placed on this during the permitting process. Mayor Van Dusen said the inspection procedures are very good since the last problem with a development. Mr. Beeler said that the soils report included in the environmental review will be followed. Depending on the actual grading plan, additional information may be required. TUKWILA CITY COUNCIL REGULAR MEETING September 16, 1985 Page 3 PUBLIC HEARING Contd. Approve Planned Residential Dev. located across from Foster Golf Course contd. 8:10 P.M. COUNCIL MEMBER HARRIS ARRIVED AT THE MEETING. Sys Councilman Bohrer asked if there would be a bond required to assure that if the conditions of this agreement are not satisfied the bond will be forfeited. He said he would like to see a Construc- tion Bond required. Councilman Bohrer questioned the density of the R -3 area. Mr. Beeler explained that the P.U.D. Ordinance averages the density over the wholesite and the overall density permitted is 111 units. The applicant is proposing 104. Attorney Haney noted that the T.M.C. requires surety for staging a project under a P.R.D. Mr. Ron Healey, architect for the project, 10620 NE 8th, Bellevue, reviewed the conditions placed on their project and the plans they have to comply with them. The pedestrian linkage is difficult to address until they get further into the project. There are some nice trees along 56th Avenue that will be retained along with a few others throughout the project. A traffic impact analysis was done that is on file with the Planning Department. Soil conditions are a concern on this site. There were 20 test pits dug on the site and two deep borings of about 24 feet. They intend to stake the proposed building locations and dig new test pits. The soil conditions vary throughout the site. There will be a Soils Engineer involved in the process. Mr. Healey explained that they would like to excavate the entire site at one time so they can use the excess material from the upper area as fill dirt on the lower site. If this is not possible they will be required to bring fill in on the lower portion and haul away the excess from the upper portion. Rick Ryerson, owner, 13939 SE 42nd Street, Bellevue, said that they have used earth consultants who have done an extensive report and during construction they will be monotoring. They have an erosion control plan which includes maintaining surface water. They are proposing to develop in two phases, the lower first which is more feasible for winter construction. The proposed has 48 -units above and 56 below. Council Member Morgan said the City ought to consider an additional condition related to excavation or grading. Mr. Beeler explained that at this time the City is not committing to excavation on Phase II in order to balance the needs for Phase I. Attorney Haney explained that there are specific safeguards laid out in the P.R.D. process: 1. Requiring sufficient surity to provide that entire P.R.D. will be completed according to plan. 2. Provision for minor and major adjustments. If the applicant wishes to make major changes the revised plan must be approved. If they deleted half of the project, it would be a major change. 3. They must commence construction within 12- months of getting PRD approval or request an extension in writing. If construc- tion is not begun within 18- months the zoning shall revert to the original zoning. Mr. Ray Vomenici, 7804 South 135th Street, Seattle, said they have a business license in Tukwila for their 7 -unit apartment on 56th Avenue South. In 1967 they received a permit to install a sewer line across 420 feet of the property under discussion. It is in the area proposed as part of the excavation. They also installed side sewers for the Kay and Malone properties. Before starting the excavation the line should be surveyed and an assur- ance made that the service will not be interrupted. If it requires a secondary line to be installed, it should be done prior to the second phase of the project proceeding. We will hold the City responsible for surveying the line, maintaining surveillance of the service of the line and /or providing an adequate secondary line. TUKWILA CITY COUNCIL REGULAR MEETING September 16, 1985 Page 4 PUBLIC HEARING Contd. Approve Planned Residential Dev. located across from Foster Golf Course contd. OLD BUSINESS (7e) Ord. #1362 vacating certain property located within the City described as S. 152d east of 58th Ave. S. Ord. #1362 Summary There being no further comment, Mayor Van Dusen closed the Public Hearing. Council Member Phelps asked to have a summary of the traffic study and the impacts contained in it and of the soils study made up as a Staff Report. Also, she asked to have some research done into the previous project that was before the City Council at one time. MOVED BY PHELPS, SECONDED BY SIMPSON, THAT THIS BE PLACED FORWARD TO A FUTURE COMMITTEE OF THE WHOLE AGENDA WHEN THE INFORMATION IS AVAILABLE AT THE DISCRETION OF THE COUNCIL PRESIDENT. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Don Morrison, City Administrator, read by title only an ordinance vacating certain property located within the City dedicated for street purposes generally described as South 152nd Street, east of 58th Avenue South, amending the official street map of the City. MOVED BY BAUCH, SECONDED BY PHELPS, THAT ORDINANCE NO. 1362 BE ADOPTED AS READ. MOTION FAILED, WITH BOHRER VOTING YES. y MOVED BY BOHRER, SECONDED BY SIMPSON, THAT SECTION TWO OF THE ORDINANCE BE REVISED TO DEDICATE A 20 -FOOT UTILITY AND FIRE LANE EASEMENT. Councilman Bohrer said the people at Sunwood need to understand that this provision is very similar to one being provided for their benefit and to be used only in an emergency situation. Council Member Phelps said because we have a concentration of high density, multi family housing in the City a more rationale approach might be to study the area and look for opportunities for better fire protection where fire lanes might be installed. Maybe fire lanes in general for multi- family areas should go in the Public Safety Committee. Byron Sneva, Public Works Director, said the City would need to acquire an easement from Sunwood for the utilities. MOVED BY MORGAN, SECONDED BY DUFFIE, THAT THE MOTION BE AMENDED TO POSTPONE LOOKING AT THIS UNTIL THE NEXT MEETING AND HAVE THE SUNWOOD RESIDENTS NOTIFIED BY LETTER OF THIS PROPOSAL FOR A FIRE LANE SO THEY CAN ATTEND THE MEETING AND HEAR THE DISCUSSION. ROLL CALL VOTE: BOHRER, DUFFIE, SIMPSON VOTING YES; HARRIS BAUCH, PHELPS, MORGAN VOTING NO. MOTION FAILED 4 NO; 3 YES. MOTION CARRIED, WITH BOHRER, DUFFIE, SIMPSON VOTING NO. MOVED BY HARRIS, SECONDED BY MORGAN, THAT A STUDY ON NECESSARY FIRE LANES GO INTO THE PUBLIC SAFETY COMMITTEE. MOTION CARRIED. Council Member Morgan expressed her concern that the issue of the fire lane is alive and well and pending further information, it should be considered as development of the property proceeds. MOVED BY BAUCH, SECONDED BY HARRIS, THAT THE ORDINANCE SUMMARY BE ADOPTED AS PRESENTED. MOTION CARRIED. Councilman Bohrer asked to have the followng inserted in the record: Section 2.04.160 of the Council Procedures Ordinance Section E, says: "All accompanying documents shall be available before ordinances and resolutions can be passed." There is an TUKWILA CITY COUNCIL REGULAR MEETING September 16, 1985 Page 5 OLD BUSINESS (7e) Ord. #1362 vacating certain property located described as S. 152d east of 58th Ave. S. Ord. #1362 Summary contd. (7c) Acknowledge receipt of Addendums 1 2 of report for S. 188th Connector. RECESS 9:50 10:00 P.M. NEW BUSINESS Res. #975 approving Unclassified Use Permit for construc- tion of biotower filter system by the Seattle Rendering Works. agreement and a dedication required here which are not provided with the ordinance. This is a violation of the Council Procedures. MOVED BY HARRIS, SECONDED BY SIMPSON, THAT COUNCIL ACCEPT ADDENDUMS #1 AND #2 TO THE FINAL LOCATION AND FEASIBILITY STUDY AND REGIONAL TRAVEL IMPACTS REPORT FOR THE SOUTH 188TH CONNECTOR. MOTION CARRIED. Mayor Van Dusen declared a five minute recess. The meeting was called back to order with Council Members present as previously reported. Budget Transfer #85 -09 MOVED BY SIMPSON, SECONDED BY PHELPS, THAT BUDGET TRANSFER NO. 85 -09 Fund Annual Employee IN THE AMOUNT OF $2,600 FOR AN ANNUAL EMPLOYEE AWARDS CEREMONY Awards Ceremony and AND THE CHAMBER- AFTER -HOURS BE APPROVED. pay for Chamber- After- Hours. MOVED BY MORGAN, SECONDED BY BOHRER, THAT THE BUDGET TRANSFER MOTION BE AMENDED BY EXCLUDING $2,000 FOR THE AWARDS CEREMONY. Council Member Morgan said there are other ways of providing incentives for employees that are longer lasting and would be more acceptable to the tax payers. MOTION FAILED, WITH BOHRER AND MORGAN VOTING YES. MOVED BY BOHRER, SECONDED BY MORGAN, THAT THE BUDGET TRANSFER BE CHANGED TO $1,100, $600 FOR THE AFTER -HOURS EXPENSES AND $500 FOR EMPLOYEE MOTIVATIONAL AWARDS. Councilman Bohrer said the purpose is to eliminate buying dinners for people but provide money for a motivational award. Council Member Morgan said if the motion passes she encouraged the Mayor to include Council in the planning. MOTION FAILED, WITH BOHRER AND MORGAN VOTING YES. MOTION CARRIED, WITH BOHRER AND MORGAN VOTING NO. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Mayor Van Dusen read by title only a resolution of the City of Tukwila approving an Unclassified Use Permit for the construction of a biotower filter system by the Seattle Rendering Works. MOVED BY BAUCH, SECONDED BY HARRIS, THAT RESOLUTION NO. 975 BE ADOPTED AS READ. MOVED BY BOHRER, SECONDED BY PHELPS, THAT ON PAGE 7, PRELIMINARY RECOMMENDATIONS BE CHANGED TO "CONDITIONS" AND THAT THE FIRST STATEMENT BE CHANGED TO READ "BASED ON THE ABOVE, THE COUNCIL AUTHORIZES THE UNCLASSIFIED USE PERMIT BE TO APPROVED SUBJECT TO..." MOTION CARRIED. MOVED BY BOHRER, SECONDED BY PHELPS, THAT CONDITION #9 BE ADDED TO READ: "NO EXPANSION OF RENDERING PRODUCT OPERATION." MOTION CARRIED. MOTION CARRIED, AS AMENDED. TUKWILA CITY COUNCIL REGULAR MEETING September 16, 1985 Page 6 Ord. #1363 amending MOVED BY BAUCH, SECONDED BY MORGAN, THAT THE PROPOSED ORDINANCE Title 8 of T.M.C. BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Haney read, by title only, an ordinance of the City of Tukwila amending Title 8 of the Tukwila Municipal Code to revise and renumber the criminal provisions. MOVED BY BAUCH, SECONDED BY PHELPS, THAT ORDINANCE NO. 1363 BE ADOPTED AS READ. MOTION CARRIED. Ord. #1363 Summary MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE SUMMARY BE ADOPTED AS PRESENTED. MOTION CARRIED. ADJOURNMENT MOVED BY DUFFIE, SECONDED BY SIMPSON, THAT THE REGULAR MEETING OF 10:55 P.M. THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Gary Mayor Maxi'ne /Anderson, Ci ty 6. lerk