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Home My WebLink About1997-07-07 Regular MinutesJuly 7, 1997 7:00 p.m. CALL TO ORDER ROLL CALL Councilmembers absent OFFICIALS Oath of Office CITIZEN'S COMMENTS CONSENT AGENDA TUKWILA CITY COUNCIL REGULAR MEETING MINUTES Tukwila City Hall Council Chambers Mayor Rants called the Regular Meeting to order and led the audience in the Pledge of Allegiance. JOAN HERNANDEZ; JIM HAGGERTON, Council President; PAM CARTER; PAM LINDER. MOVED BY HAGGERTON, SECONDED BY HERNANDEZ, TO EXCUSE COUNCILMEMBERS DUFFIE, EKBERG AND MULLET. MOTION CARRIED. RHONDA BERRY, Assistant City Administrator; BOB NOE, City Attorney; MICHAEL JENKINS, Assistant Planner; STEVE LANCASTER, DCD Director; RON WALDNER, Police Chief; LUCY LAUTERBACH, Council Analyst; JANE CANTU, City Clerk. Mayor Rants administered the Oath of Office to Police Officer A. Scott Heinze Jackie Dempere, 4033 South 128th, commented that her neighbors are not respecting her property line. Some of her best and most valuable plantings have been either uprooted or cut down. Mayor Rants responded that he will have a staff person from the Public Works Department look into this matter. Richard James Belcher, Jr., Property Manager at 3465 South 144th Street, complained about what he believed to be the City's dwindling policelorce. Mayor Rants responded that there are more officers on the street now than there ever have been. Dwight McLean, 13015 38th Avenue South, Co -Chair of the Highway 99 Action Committee; and Michael West, Owner of Southtowne Auto Rebuild, 14864 Pacific Hwy. South, also Co -Chair of the Highway 99 Action Committee, presented a check to the Mayor in the amount of $1,363.73 for the radio at the Neighborhood Resource Center. The Co- Chairs thanked the Mayor and Council on behalf of all the members of the Highway 99 Action Committee for supporting their efforts at this location. a. Approval of Minutes of 6/2/97 b. Approval of Vouchers: Nos. 93775 through 94039 in the amount of $793,741.41 Tukwila City Council Regular Meeting Minutes July 7, 1997 Page 2 Consent Agenda (cont'd) PUBLIC HEARING Ordinance amending TMC regarding non conforming uses Public Hearing opened c. Accept as complete the Tukwila Community Center Telephone and Voice Mail System project with Conception Communications; authorize release of retainage. Final cost impact: $38,570.14 MOVED BY HERNANDEZ, SECONDED BY HAGGERTON, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.* Council President Haggerton requested that "Item c" be withdrawn for further review by the Finance Department. It was the consensus of the Council to forward this issue to the next Regular Council of July 21, 1997 for further consideration. *MOTION CARRIED. CONSENT AGENDA APPROVED AS AMENDED (4 -0; Duffie, Ekberg and Mullet absent). DCD Director Steve Lancaster explained that the proposal is from the City's Planning Commission to amend the Tukwila Zoning Code as it pertains to non conforming uses and structures. The proposed revisions approved by the Planning Commission, Community Affairs and Parks Committee and Committee of The Whole include: substantive revisions to language allowing pre- existing legal lots of record; reducing the amount of time that a non conforming use may be vacant from 24 months to 6 months or 365 days in three years, whichever occurs first; allowing ordinary maintenance on non conforming structures; prohibiting expansion of a non- conforming use into additional areas of a non conforming structure; criteria for requiring non conforming landscaping to be brought into compliance with code requirements; and prohibiting conversions of one non- conforming use to another non conforming use. Council President Haggerton inquired if the three councilmembers absent tonight would be allowed to participate in the decision making process if tonight's proceedings are deferred to a later date. Lancaster responded that it is his understanding that they certainly can in a legislative matter such as this. Mayor Rants opened the Public Hearing at 7:24 p.m. Donald Marcy, Attorney with the firm of Cairncross Hempelmann, 701 5th Avenue, Seattle, WA, appearing on behalf of Union Tank Works, objected to 18.70.040 stating the period of time is too short for a company to stop operations or, in the case of a new use, to negotiate a lease or Tukwila City Council Regular Meeting Minutes July 7, 1997 Page 3 Public Hearing (con't) purchase agreement. He said the 24 -month period should be retained. Additionally, he recommended modifying proposed Section 5 of TMC 18.70.040 to allow for a broader category of permitted changes to a nonconforming use provided that the proposed change in use is within the same chapter of uses as the nonconforming use and is less intense. Bill O'Connell, President, Union Tank Works, 1660 118th Avenue Southeast, #D -313, Bellevue, WA., commented that the proposed revisions to TMC 18.70 as it applies to the proposed standard to change a non- conforming use that must conform to regulations if use ceases for 24 months to 6 consecutive months, would not serve the community by funding one ideal tenant instead of multiple tenants. Beyond this consideration, it would place such a restriction on the property that this zoning change alone would affect the value of this property considerably. Public hearing closed Mayor Rants closed the public hearing at 7:45 p.m. It was the consensus of the Council to give further consideration to the ordinance amending the TMC regarding non conforming uses before any action is taken. OLD BUSINESS Ord. #1808 Adding new Drug MOVED BY HERNANDEZ, SECONDED BY HAGGERTON, THAT Free Zones in the City THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Bob Noe read AN ORDINANCE OF THE CITY COUNCIL OF TUKWILA, WASHINGTON, AMENDING ORDINANCE #1621 SUB- SECTION 1, AS CODIFIED AT 8.07.040 OF THE TUKWILA MUNICIPAL CODE, RELATING TO DRUG FREE ZONES AND POSSESSION OF DRUG PARAPHERNALIA OR MARIJUANA IN OR ON PUBLIC PLACES OR FACILITIES; ADDING TUKWILA POND PARK, LIBRARIES, THE NEW COMMUNITY CENTER AND COMMUNITY CENTER PARK; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HERNANDEZ, SECONDED BY HAGGERTON, THAT ORDINANCE NO. 1808 BE ADOPTED AS READ.* Councilmember Carter suggested that the existing language in "Item K" be deleted, and add the following "South 180th to north City limits." *MOTION CARRIED AS AMENDED (4 -0; Duffie, Ekberg, and Mullet absent). Tukwila City Council Regular Meeting Minutes July 7, 1997 Page 4 REPORTS Mayor Rants reported that Valley Com is looking to build a new facility. Mayor He also distributed a memo regarding a public relations firm he is negotiating with to publicize Tukwila's good works. He says their rates are relatively modest, and that the firm's services will be observed on a short term basis to see if this is the way the City wants to go. Council Councilmember Hernandez requested that an accounting of all receipts from the Sister Cities trip be provided to the Council as soon as possible. Council President Haggerton reported that he attended the ACC meeting held at the Federal Way Library last week. ADJOURNMENT MOVED BY HERNANDEZ, SECONDED BY LINDER, TO ADJOURN 8:08 P.M. THE MEETING. MOTION CARRIED. t() Johi' W. Rants, Mayor Celia Square, Duty City Clerk Date Minutes Approved: