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HomeMy WebLinkAbout1991-10-07 Regular MinutesTUKWILA CITY COUNCIL October 7, 1991 Tukwila City Hall 7:00 p.m. APPOINTMENTS AND PROCLAMATIONS OF THE MAYOR CITIZENS COMMENTS None PUBLIC HEARINGS Zoning of R -1 -7.2 for Foster Island Neighborhood Regular Meeting MINUTES Council Chambers CALL TO ORDER Mayor VanDusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. ROLL CALL JOE DUFFIE; DENNIS ROBERTSON, Council President; JOAN HERNANDEZ, CLARENCE MORIWAKI; ALLAN EKBERG; STEVE LAWRENCE, JOHN RANTS. OFFICIALS MIKE KENYON, City Attorney; JOHN McFARLAND, City Administrator; KEITH HAINES, Tukwila Police Department; EVELYN BOYKAN, Human Services Coordinator; ANN SIEGENTHALER, Assistant Planner. Mayor VanDusen read a proclamation designating the month of October as Domestic Violence Awareness and Prevention Month. CONSENT AGENDA a. Approval of Minutes: September 3, 1991 b. Approval of Vouchers General Fund $77,343.45 City Street 9,746.37 Arterial Street 48,712.23 Land Acq., Building, Dev. 20,566.62 Water Fund 1,741.10 Sewer Fund 1,505.57 Water /Sewer Construction 16,361.65 Foster Golf Course 12,539.19 Surface Water (412) 9,889.95 Equipment Rental 11,555.68 Firemen's Pension 0.00 TOTAL $209,961.81 c. A resolution offering support of King County Proposition #2, reauthorizing the emergency medical services levy for Medic I. MOVED BY DUFFLE, SECONDED BY HERNANDEZ, TO APPROVE THE CONSENT AGENDA AS SUBMIT" ED. MOTION CARRIED. 7 Assistant Planner Ann Siegenthaler explained that zoning for the five property owners in the Foster Island neighborhood had not been adopted at the time of annexation to Tukwila in 1989 due to the SAO moratorium. Prior to the annexation, King County had designated this area as single family residential with a 7200 square foot lot minimum. Tukwila's proposed zoning is essentially the same with a 7200 square foot lot minimum with a designation of R- 1 -7.2. There have been no objections from the area residents. The Planning Commission has recommended the R -1.7.2 zoning be adopted. Mayor VanDusen opened the public hearing at 7:08 p.m. There being no comments from the audience, the hearing was closed at 7:09 p.m. MOVED BY MORIWAKI, SECONDED BY RANTS, TO APPROVE THE R -1 -7.2 ZONING FOR FIVE SINGLE FAMILY HOMES FOR THE AREA DESIGNATED AS FOSTER ISLAND LOCATED BETWEEN 139TH AVE. SO. 137TH AND 53RD AVE. Tukwila City Council Regular Meeting October 7, 1991 Page 2 Public Hearines (con't) NEW BUSINESS Approve Budget Transfer for Emergency Replacement of Water District #25 Water Lines at So. 124th St. /50th P1. So. REPORTS SO. AND DIRECT THE STAFF TO DRAFT AN ORDINANCE TO BE PRESENTED TO COUNCIL AT THE OCTOBER 21ST REGULAR MEETING. MOTION CARRIED. Councilmember Ekberg explained that five services have had water breaks to their services. With the construction going on near the Burlington Northern trucking yard, deteriorating water pipes are breaking. Due to the failure of the water main, the Utilities Committee has recommended the existing water line underneath the intersection be replaced per the Comprehensive Plan. Council President Robertson asked if funding is approved for this project from another area, would the City have to come up with another $60,000 for the reservoir construction at a later time. Alan Doerschel responded that was not the case. This project would be funded by the $335,000 in uncommitted monies currently in the water service construction fund. Robertson added it was possible the City will run into more than $270,000 worth of work in that area and asked how that work would be funded. Doerschel responded that on a short term basis up to $400,000 could be borrowed from the sewer fund with the rate structure making up the difference. Councilmember Rants stated the estimated amount needed to redo the waterlines is $2,500,000. Robertson asked where that money would come from. Doerschel explained that if the work had to be done all at one time, the City would probably have to go out for bonds. Ross Earnst added that if we went out for bonds, it would be based on the whole water system for the City; however, what's being looked at is funding for that particular system; we're not going to have to replace all of it. The work is estimated at $2.5 million but the work wouldn't be done tomorrow or next year. Funding scenarios are being looked at for both water and sewer in that area, and recommendations will be coming back to Council. MOVED BY EKBERG, SECONDED BY DUFFIE, TO AUTHORIZE A TRANSFER OF $60,000 FROM THE RESERVOIR CONSTRUCTION FUND FOR A WATERLINE REPLACEMENT IN THE ALLENTOWN /124TH AND 50TH CORRIDOR. MOTION CARRIED. Mayor VanDusen read an excerpt from a letter he wrote in response to Council President Robertson's September 30th letter regarding the city attorney issue. He distributed copies to the Council. Council President stated he had received a memo from the Concerned Citizens for a Safe Neighborhood and asked City Attorney Mike Kenyon for a status on adult entertainment. Kenyon responded that based on the Supreme Court's decision on World Wide Video, the City may want to disassemble the ordinance and put it back together piece by piece, focusing first on book stores and then on live entertainment. Under the Supreme Court rules, there is the opportunity to file for reconsideration to get them to clarify what they meant in the World Wide Video decision. It is unclear, when the court recognizes that World Wide Video has peep show booths and also has "take home" porn, and the court gives one analysis for "take home" porn and another for on -site porn. The court recognizes World Wide Video has both types of uses but doesn't clarify what we can and cannot do. Kenyon will file a motion for reconsideration. Kenyon stated he felt the decision was encouraging with respect to the standard applicable to live entertainment. The court is saying that the undesirable effects associated with live entertainment are so well known, and we relied on those types of studies, that impliadly, this ordinance is sufficient to zone live entertainment but not the true, pure speech that's reflected in adult books and magazines. Councilmember Moriwaki inquired whether the section of the ordinance that relates to our definition of peep show booths falls Tukwila City Council Regular Meeting October 7, 1991 Page 3 Reports (con'tl Staff under the theater act that the Renton decision was based on. Kenyon replied that in the Tukwila ordinance the definition of an adult motion picture theater, which includes peep shows, is verbatim from the Renton ordinance. Moriwaki asked if that part of this type of business could be closed down or regulated. Kenyon responded that this is the whole point of a motion for reconsideration. In it's decision, the Supreme Court is saying it recognizes that World Wide Video has peep shows (motion picture theaters) and also has "take home" porn. It also says that the ordinance is not sufficient to regulate "take home" porn because we didn't present studies that showed that bad effects of "take home" porn are as bad as the bad effects on "on site" porn. The Supreme Court's decision allows World Wide Video to stay where it is; however, Kenyon is asking the court to recognize it's internal inconsistency in it's own decision. Councilmember Rants stated he felt Council should ask the administration to aggressively pursue drafting another ordinance that could pass the Supreme Court so the City would have control over the situation. Asked about enforcing a 2 a.m. closing time, Kenyon responded that at the present time there is no closing restriction in the ordinance. It is possible to enact closing restrictions, but only after we're able to articulate sufficient reasons to justify our interest in restricting hours of operation. Councilmember Lawrence asked if it were possible to apply the ordinance for the live entertainment portion. Kenyon responded he felt it was implied in the court's decision that the ordinance would be sufficient for live entertainment. By a motion for reconsideration, Kenyon will ask the court to say that rather than to rely on implication. He indicated a response from the court would take approximately 2 -4 weeks. Lawrence asked if it would be reasonable to request that Deja Vu hire an off duty police officer to monitor the illegal activity at the establishment. Councilmember Rants stated that in light of the illegal activity that occurs at Deja Vu, there should be some basis for supporting a closing time in the ordinance. Kenyon responded it would be one of the factors the City could articulate to support a closing time. If we want to impose a closing regulation between 2 a.m. and 6 a.m., we need to be able to show criminal activity occurring between 2 a.m. and 6 a.m. In conclusion it was determined that the City review the ordinance passed last fall and possibly repeal some section of it. Councilmember Hernandez suggested amending the ordinance to include an increase in licensing fees for adult entertainment establishments to help compensate for additional security and personnel as needed. Kenyon explained that the City is entitled to impose fees for administrative review costs; however, we are not allowed to recover the costs of subsequent investigation through increased license fees. We can, however, prove what the cost of subsequent investigation is over a period of a year and then go back and amend for increased license fees. Councilmember Ekberg reported on spring and fall cleanup. He noted the need to consider the City's "plan of attack" for handling yard waste, hazardous materials, and refuse goods within the community during budget review. A plan for picking up bulk waste is being considered; however, the cost to the City for a one time pick up is estimated at $55,000 to $60,000. The cost to the City for a one time dump pass for residents is between $25,000 and $30,000. Still to be considered is which facility would be used. Recycling is provided for at the Oxbow station. Ekberg concluded by saying the Utilities Committee will continue to review this issue. City Administrator John McFarland distributed copies of the City's comments on the draft mitigation document for the Rabanco project. The administration's response includes the suggestion that the project itself is improperly zoned. The City of Renton has determined the project to be a project serving use, which is a type of land use activity consistent with light industrial zoning and not a recycling Tukwila City Council Regular Meeting October 7, 1991 Page 4 Reports (con't1 Citizen comment collection point. In the heavy industrial zone there is a land use called recycling processing center. The administration feels the Rabanco project is better termed a recycling processing center than a product service use. The City of Renton will take all comments from the draft period, consolidate them, and publish a final mitigation document. At that time the City will have a 20 day comment period. A decision on whether the mitigation document is satisfactory will be made following the comment period. Tukwila is suggesting the City of Renton commission another (supplemental) EIS project. Tukwila would have the option of appealing the final decision if need be. McFarland gave credit to Scott Nangle, Tukwila resident, for the assistance he has provided to the planning department on this issue. Catherine Harris, 5610 So. 141st St., commented she had raised the question of zoning to the Hearing Examiner in Renton many months ago and more recently at the King County public hearing in Renton; however, her comments were to no avail. It is her hope that the City's (Tukwila's) actions will carry more weight. A letter written by Ms. Harris is on file in the City of Renton's planning department. ADJOURNMENT MOVED BY DUFFIE, SECONDED BY RANTS, THE MEETING BE ADJOURNED. MOTION CARRIED. 7:55 p.m. Gary L. Van Dusen, i r rZ r'I'ne E. Cantu, City Clerk