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HomeMy WebLinkAbout1990-10-01 Regular MinutesOctober 1, 1990 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS CONSENT AGENDA Acceptance of Public Infrastructure Office Club PUBLIC HEARINGS Appeal of the Decision of the Board of Architectural Review 62nd Ave. So. Apartments Project (Sunwood) OLD BUSINESS Ord. #1581 Re- enacting and Amending Regulations for Adult Entertainment Uses TUKWILA CITY COUNCIL b. Regular Meeting MINUTES a. Approval of Minutes: September 17, 1990 Tukwila City Hall Council Chambers Mayor Pro Tem Hernandez called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE DUFFLE; DENNIS ROBERTSON; JOAN HERNANDEZ, Council President; CLARENCE MORIWAKI; ALLAN EKBERG; STEVE LAWRENCE, JOHN RANTS. MIKE KENYON, City Attorney; JOHN McFARLAND, City Administrator; RICK BEELER, Director, Department of Community Development; RON CAMERON, City Engineer; TOM KEEFE, Fire Chief; KEITH HAINES, Tukwila Police Department; JACK PACE, Senior Planner. Approval of Vouchers General Fund $58,923.61 City Street 2,050.27 Arterial Street 13,053.04 Land Acq., Building, Dev. 28,371.01 Water Fund 34,116.55 Sewer Fund 879.66 Water /Sewer Construction 157.50 Foster Golf Course 8,984.58 Surface Water (412) 340.03 Equipment Rental 9,062.99 Firemen's Pension 3,589.40 TOTAL $159,528.64 c. Acceptance of public infrastructure as completed by Office Club, Inc., for development at 290 Andover Park East; Authorize Mayor to sign Bill of Sale. Councilman Rants requested that Items 5d and 5e be withdrawn from the Consent agenda and discussed under Old Business. MOVED BY MORIWAKI, SECONDED BY EKBERG, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. Mayor Pro Tem Hernandez announced that the parties involved in the public hearing had submitted written requests asking for a two week continuance. MOVED BY DUFFIE, SECONDED BY ROBERTSON, TO GRANT A TWO WEEK CONTINUANCE OF THE PUBLIC HEARING. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT VERSION II OF THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon read An Ordinance of the City of Tukwila, Washington, reenacting and amending regulations for adult entertainment uses, amending Section 18.06.825 of the Tukwila Municipal Code to define "Adult Entertainment Establishments adding a new Subsection 18.40.020(18) to the Tukwila Municipal Code to allow adult entertainment facilities to locate in the M -1 (light industry) district, amending Section 18.30.020(33) relating to theaters in C -2 zoning districts, and adding a new Section 18.70.110 to the Tukwila Municipal Code regarding nonconforming adult entertainment establishments. Minutes Regular Meeting October 1, 1990 Page 2 Old Business (con't) Ord. #1582 Extending the Moratorium on Develop- ment of Certain Property and Exempt Certain SEPA Processes A Resolution Requesting King County to Re- activate the Green River Flood Control Zone District MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1581 BE ADOPTED AS READ.* Senior Planner Jack Pace produced a list of the commercial businesses currently located in the industrial zones and a map showing the proposed location for adult businesses and amount of land available in the various zones. Mr. Pace added that including the CM, the M -1 and M -2, there would be roughly 20 percent (or 1,000 acres) of the available land in the City suitable for adult businesses. Without the inclusion of the CM zone, the available land would be reduced to approximately 14 percent. Addressing the non conforming use issue, Mr. Pace stated that Little Darlin's possibly would not qualify as a non conforming business because they have never been issued an Adult Entertainment License by King County, therefore they were never considered a permitted use in the county. To be "grandfathered" or non conforming, they would have had to be permitted by the county prior to annexation to Tukwila. Mr. Pace explained that Little Darlin's had applied to the county for an adult entertainment license but were denied because they were within 2,000 feet of a school. Attorney Mike Kenyon added that the provision in the proposed ordinance allows for a minimum 90 day period for a non conforming use to relocate. The issue is whether or not a use that comes into our City by virtue of an annexation is non conforming. If Little Darlin's or Deja Vu has never been issued a license by King County, it is not a non conforming use. It was an illegal use then; it is an illegal use now and likely not subject to the protection of the non conforming use provision. *MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY RANTS THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon read an Ordinance of the City Council of the City of Tukwila, Washington, amending Ordinance No. 1544 as previously amended by Ordinances 1550 and 1566, to extend the period of the moratorium on development of certain property in the City of Tukwila, to exempt certain SEPA processes, and establishing an effective date. MOVED BY MORIWAKI, SECONDED BY LAWRENCE, THAT ORDINANCE NO. 1582 BE ADOPTED AS READ.* Regarding the reference to February 15, 1991 in the final "Whereas" clause, Councilmember Ekberg commented that he did not remember Council setting an actual date. Attorney Kenyon responded that the issue may be arguable if a date is not included. *MOTION CARRIED WITH DUFFIE VOTING NO. Councilmember Rants asked whether it was the City or King County that requested the re- activation of the Green River Flood Control District. John McFarland responded that the request came from King County. The County is the controlling agency and is responsible for administering the funds. Councilmember Rants remarked that as he understood it, the City is paying $59,000 to run this program presently. If we adopt this resolution and impose a tax, we will not recoup the $59,000. It will still be paid. This basically is a brand new tax. Minutes Regular Meeting October 1, 1990 Page 3 Old Business (con't) A Resolution Adding Positions to the Non Represented Employee Salary Schedule and Providing the City Attorney with Certain Employee Benefits NEW BUSINESS Ord. #1583 Reducing the Speed Limit on the West Valley Highway between So. 158th St. and So. 180th St. City Engineer Ron Cameron agreed with Rants' interpretation. He added that it is a joint activation by the cities and the County. Because there are still questions about what the City will receive by imposing the tax, Council requested that Dave Clark be asked to return to another meeting. MOVED BY ROBERTSON, SECONDED BY RANTS, TO MOVE THIS ITEM TO THE NEXT REGULAR MEETING. MOTION CARRIED. Councilmember Ekberg asked that Ron Cameron provide to the Council information on the City's existing funding, what we're doing with that money, and what we would do with the money we would get from the new tax. Councilmember Rants commented that the reason he withdrew this item from the Consent Agenda was to have a few questions answered; however, if the rest of the Council understood the issue, he would talk with John McFarland individually. Councilmembers Lawrence and Ekberg voiced their understanding and approval of the item. John McFarland explained that the administration is trying to get more time in City Hall by the City Attorney's office. In doing that, we are charged a per hour basis. To stay within the budget, we've moved some money around. We've increased the level of service provided by the City Attorney's office on site, and at the same time relieved some of the overhead expenses that the City Attorney has accepted in providing staff to us by assuming some of those overhead expenses. The budget remains the same through the remainder of 1990, but the allocation of funds within the budget change somewhat. MOVED BY MORIWAKI, SECONDED BY RANTS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon read a Resolution of the City Council of the City of Tukwila, Washington, amending Resolutions No. 1125 and 1143 by adding positions to the non represented employee salary schedule which were previously approved by budget ordinance, and providing the City Attorney with certain employee benefits. MOVED BY MORIWAKI, SECONDED BY RANTS, THAT RESOLUTION NO.1156 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFLE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon read an Ordinance of the City Council of the City of Tukwila, Washington, reducing the speed limit on the West Valley Highway between So. 158th Street and So. 180th from 50 mph to 40 mph and amending Ordinance No.1370. MOVED BY MORIWAKI, SECONDED BY DUFFLE, THAT ORDINANCE NO. 1583 BE ADOPTED AS READ.* Councilmember Robertson commented that lowering the speed limit is necessary to allow work on this project to proceed. Councilmember Rants agreed and noted that for the workers it is an issue of safety. *MOTION CARRIED. Minutes Regular Minutes October 1. 1990 Page 4 REPORTS ADJOURNMENT 8:40 p.m. Councilmember Ekberg reported that the Utilities Committee has asked to have the existing undergrounding ordinance redrafted. The Committee also approved forwarding the emergency loan agreement for the repair of the Segale dike to the full Council. Councilman Robertson reported that the Transportation Committee will forward the street maintenance report to the next C.O. W. The Committee also addressed pedestrian paths. Council President Hernandez announced that she will spend some time in the Bellevue jail as a volunteer in the Crime Stoppers Jail and Bail program. She will be phoning individuals from the jail soliciting donations to the program. Councilman Rants reported on his meetings last week with Metro officials and Valley Area Transportation Association, and Tim Hill. Metro has promised to increase their efforts overall 40 percent in buses, lanes, and service. Thirty percent of this will be dedicated to the southend. Tim Hill stated that there will be more money put into the arts, public works, public safety, and human services in the southend. Councilman Robertson commented that several people from a Chamber of Commerce breakfast meeting he attended had requested a workshop on the council version SAO prior to the public hearing. Wendy Morgan, Human Services Consultant, reported that because of the contract the City has done with the Renton Area Youth Services through the remainder of 1990, counselors will be available three days a week in two of the City's elementary schools. Ms. Morgan will invite a RAYS staff person to a future meeting to explain the curriculum City Attorney Kenyon reported on problems with the Rendering Works and offered the following legal remedies: 1) Council could direct the Planning Commission to undertake an investigation to find out why the problems with the odors appear typically on weekends; 2) any citizen could sue for an injunction to close the business down; 3) the City could then cite the Rendering Works for a nuisance in the Tukwila Municipal Court. It was the consensus of the council that action be taken as quickly as possible to resolve this problem. Attorney Kenyon also reported on the DOT dump site. He noted that any action would be contingent upon what is found in the DOE file. If the files bear out that there has been a release of some hazardous or dangerous waste that is scheduled as hazardous or dangerous under either EPA or DOE regulations, there are many civil remedies that are available. Councilman Duffie commented that his neighbors have called 911 for help with an air pollution problem to no avail. He asked for assistance from Council. Councilman Robertson suggested training firefighters to use the monitoring equipment. He asked Chief Keefe to look into the cost of the equipment. Councilman Ekberg recommended that the issue be forwarded to the Finance and Safety Committee. MOVED BY RANTS, SECONDED BY DUFFIE, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. Gar /L. an Dusen, Mayor v i7 YTie E. Cantu, City Clerk