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HomeMy WebLinkAbout1990-04-02 Regular MinutesApril 2, 1990 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS CITIZEN COMMENTS TUKWILA CITY COUNCIL Regular Meeting MINUTES Tukwila City Hall Council Chambers Mayor Pro Tem Joan Hernandez called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. (Mayor VanDusen was ill.) JOE H. DUFFIE; DENNIS ROBERTSON, JOAN HERNANDEZ, Council President; CLARENCE MORIWAKI; ALLAN EKBERG, STEVE LAWRENCE, JOHN RANTS. JOHN COLGROVE, City Attorney; RICK BEELER, Director, Department of Community Development; MOLLY HEADLEY, Assistant Planner; JOHN McFARLAND, City Administrator. Historical Society members, Wendy Morgan, and Roger Baker reported on a church in the Duwamish area, believed to be the oldest building in the City, established in 1867. It is possibly the oldest church in King County. The society is attempting to have the structure put on the historical register. The church was built by the residents of the area and has been in continuous use since that time. It was used as a schoolhouse in the early 1900's. Due to a diminishing congregation, it is likely the building could be torn down or sold. The Historical Society would like to prevent that from happening. They are applying to the State of Washington to place the building on the historic landmarks register. The process is very involved; however, the society members feel that because it's such an old building and in good condition, there is a good chance that it could be accepted. Council is being asked to submit a letter acknowledging that you are aware of the Historical Society's request and that you support the application. MOVED BY MORIWAKI, SECONDED BY RANTS THAT COUNCIL SEND A LETTER IN SUPPORT OF PLACING THE CHURCH ON 42ND AVE SO. ON THE HISTORICAL REGISTER. MOTION CARRIED. Amend Agenda Mayor Pro Tem Hernandez amended the agenda to add Item 8h, Appointment of Jane Cantu as Acting City Clerk. CONSENT AGENDA a. Approval of Minutes: 3 /19 /90-- Regular Meetings b. Approval of Vouchers General Fund $102,227.82 City Street 10,467.56 Arterial Street 26,251.30 Land Acq., Building, Dev. 20,539.35 Water Fund 23,873.21 Sewer Fund 1,943.28 Water /Sewer Construction 33,886.23 Foster Golf Course 5,644.74 Surface Water (412) 2,656.48 Equipment Rental 54,371.30 Firemen's Pension 3,589.40 TOTAL $285,450.67 Ordinance No. 1558 c. An ordinance of the City of Tukwila, Washington, rezoning certain real property located at 16813 Southcenter Blvd. from R -1 -7.2 to C -2, and providing for an effective date. (Mikami Rezone) Ordinance No. 1559 d. An ordinance of the City of Tukwila, Washington vacating that portion of public right -of -way within the City of Tukwila, generally described as unopened 168th lying westerly of Southcenter Parkway. Regular Meeting Minutes April 2, 1990 Page 2 Consent Agenda (con's) PUBLIC HEARINGS Appeal of the Decision of the Planning Commission Regarding a Request for a Conditional Use Permit by Becker Transfer for Property Located at 12677 E. Marginal Wy So. Appellants MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITIED. MOTION CARRIED. The Public Hearing was opened at 7:20 p.m. Councilman Ekberg asked to be excused from the hearing stating that in December, as a private citizen, he had spoken at the Planning Commission regarding Becker Trucking. Mayor Pro Tem Hernandez stated that she, also, had attended the December Planning Commission meeting; however, she attended as a spectator, did not speak at the meeting, and does not believe it would affect her decision this evening in any way. There were no objections to Mrs. Hernandez continuing with the hearing. Mr. Ekberg was excused. Kathy Stetson, 13258 40th Ave. So., distributed a prepared letter to the Council which detailed the reasons for the appeal. Members of the community are appealing the February 22, 1990 decision of the Planning Commission. The appellants claim The Planning Commission deleted or changed significant portions of staff's recommendations, substantially changing the use and impact of this proposal." Because the staff recommendations arose from a joint meeting of the applicant and members of the residential community on January 9, and were supported by both parties, the appellants want to see the original recommendations imposed. Ms. Stetson added that the group is not opposed to Becker using the property. They feel it would be an improvement to have the lot paved, the landscaping improved, and the codes enforced as to storage and other use of the site; however, they are concerned with protecting their single family neighborhood. They ask Council to impose those conditions which would mitigate the adverse impacts to the community. Janice Scheffler, 4033 So. 128th Street, read from a prepared letter which, in part, targeted truck parking as a central issue for residents of the neighborhood. Concerns include: 1) Will the limit of working hours apply to the terminal on the Northwest corner; 2) Is the site still primarily for employee parking and if so, will employee parking take precedence in the future as more employees are hired or will it become more of an expansion of the terminal; 3) Truck traffic on residential streets. Ms. Scheffler noted that conceding to truck, tractor, and trailer parking on the Becker site does not indicate a willingness for the Riverton area to "go industrial". Residents want to see the property brought up to current standards. Ms. Scheffler concluded by requesting that Council deny a Condition Use Permit if it considers it as an act contributing to the conversion of Riverton's remaining residential area. Curtis Robinson, 13422 40th Ave. So., distributed a letter to Council, written by his wife, which contained their prepared statement. Mr. and Mrs. Robinson protest the approval of the Design Review and Conditional Use Permit of Becker Transfer. It is their opinion that the Planning Commission authorized the expansion of Mr. Becker's business without any affirmative input from citizens. Further, they feel an improved parking facility for employees' automobiles and semi truck trailers is a crucially different matter from the parking of truck tractors along with truck trailers. This decision permits as much movement of trucks and trailers in the parking lot as on the primary business site, thus expanding the business. The Planning Commission has referred to the area as a neighborhood "in transition Mr. Robinson asks, if this is true, where are the zoning changes that give substance to that statement? In summary, Mr. Robinson stated that the Planning Commission has ignored the request of 70 residents that Becker Transfer remain contained in its spot zone and be restricted from further expansion. He suggests that other suitably zoned business property is available elsewhere if Mr. Becker's business has outgrown the current site. Regular Meeting Minutes April 2, 1990 Page 3 Public Hearing f con't) Becker Transfer O Phil Hemenway, 4036 So. 128th Street, stated that he lives approximately 300 feet from Mr. Becker's business. In his opinion, Becker Transfer is harmonious with the neighborhood, provides employment and tax revenue for Tukwila. Mr. Hemenway does not feel expansion should be discouraged. Donna Meagher, 13242 40th Ave. So., commented that not all residents in Riverton want the area to remain residential. Several people on her street would be more than willing to sell to a developer. The neighborhood has been encroached upon by industrial businesses for several years. Ms. Meagher feels Mr. Becker should be granted a CUP for his trucks. She would like to see the area fenced. Bill Scheffler, 4033 So. 128th St., commented that he had been a member of the advisory board that helped put together the pre annexation zoning. Some of the residents who are protesting Mr. Becker's business in a residential neighborhood were also asked and encouraged to join the board but elected not to at that time. He commended the staff for the written recommendations that were presented to the Planning Commission at their second meeting on February 22. Mr. Scheffler feels a fence and a gate are appropriate to the site as children are attracted to the equipment. He would also like to see increased landscaping along East Marginal Way as a way of buffering the residential community from the effects of expansion. Employee parking has already become a problem on the side street across East Marginal Way on So. 128th. Parking should be restricted to the parking lot with access to the lot from So. 133rd and East Marginal Way. Beverly Nicholson, 3810 So. 130th Street, objects that the Planning Commission did not follow the recommendations of their staff when they met on February 22nd. The recommendations from the staff on the fencing, the gate, the hours, the landscaping and parking were changed to what Mr. Becker wanted on each one of those points. Ms. Nicholson requests that those points be gone over again and do what the staff recommended. Jeff Mann, PacTech Engineering, 6100 Southcenter Blvd., reported that Mr. Becker's application has been through considerable review. Mr. Becker originally applied for a Design Review permit after which he was informed he would have to apply for a Conditional Use Permit. He recognized that through the annexation process the property was zoned for industrial use, provided that conditions be put in place on this site. Consistent with the purpose of the Conditional Use Permit, twelve conditions have been placed on this application. Mr Mann reviewed the conditions with the Council. Of the 12 conditions, there are three conditions and one issue that are the focus of Mr. Becker's appeal. In regard to Item #1, Condition #2, the Planning Commission added trucks, tractors and trailers because they realized that trucks would be taking the trailers onto this site and may sit there temporarily. The main transfer operations are still out of the area to the north. Regarding Item #2, Condition #6 Fencing: Mr. Becker would be willing to install a solid fence around the site if there would be some relief on the closeness and number of trees required in the landscaping. With regard to East Marginal Way, Item #3, Condition #4, three additional trees will be located in certain gaps where trees have been removed in the past. We do not want the requirement for the four foot on center trees as required on the two sides that abut the single family zoning. Finally, regarding the transition area, Mr Mann stated that the Planning Commission's comment was made to reflect the fact that the City did adopt CM zoning for this property. Becker Transfer accepts the 12 conditions; they are significant and will screen the site. Councilman Rants asked if there was enough parking on the site for employees. Mr. Mann replied that parking is adequate for now. There is no ordinance that prevents parking on the street. Regular Meeting Minutes April 2, 1990 Page 4 Public Hearine (con't) Staff Report Citizen Comments Rebuttal Councilman Robertson asked the difference between a parking lot and a transfer terminal. Mr. Becker responded that at a transfer terminal a trailer is unloaded from one trailer to another. On the parking lot tractors, trucks and trailers would be parked. Councilman Lawrence inquired if the Planning staff had worked with Becker Transfer in consideration of the citizens concerns. Molly Headley, Assistant Planner, responded that they had worked together and Becker Transfer had indicated they would be cooperative in providing whatever was required to gain approval for the Conditional Use Permit. Councilman Lawrence commented that it appeared staff was recommending Council to do what they did not recommend the Planning Commission do. Rick Beeler responded that staff forwarded their recommendation to the Planning Commission on the basis of the staff review. The Planning Commission then acts upon staff's recommendation. They can agree, disagree of modify. Councilman Lawrence clarified that once the Planning Commission has made a decision, even if it overrides staff's position, staff will defend the decision made. Phil Hemenway stated that even though he was a member of the task force he did not feel they had an opportunity to have meaningful data on single family residential. Beverly Nicholson suggests fencing the property to avoid children playing on the grounds. Gary Evans, 4020 So. 128th St., lives above Mr. Becker's property. He has not seen children playing on the property as suggested. There are many large trucks that travel through the area, but there does not appear to be complaints about them. He sees no reason to deny Mr. Becker's request. Mr. Mann stated that Mr. Becker has worked with the City throughout this entire process. He is making substantial improvements to the site and has accepted many of the conditions imposed. A fence at this time is not needed for operational purposes. The 12 conditions that are imposed will provide the City with studies on intersections and drainage. The site will be improved and visually protected. He concluded by asking for Council's approval. Rick Beeler commented that the issue is not if there should be a deviation of the plans. The issue is whether or not the preponderance of evidence has proven that Council should reach a different conclusion than the Planning Commission. The presence of trucks, trailers or tractors on the property for a temporary period of time is a very difficult thing for the City to enforce. Bill Scheffler stated that if the use of the property is going to be increased, the citizens want a higher degree of landscaping with the exception of increased density of vegetation along East Marginal Way to buffer the existing single family homes across the street. With the added vegetation that is going around the property and no lighting, a paved site is inviting to various types of criminal activity. Mayor Pro Tem Hernandez closed the public hearing at 8:38 p.m. Councilman Robertson read from the Tukwila Zoning Code and commented that driving trucks in and out constantly contributes to a high pollution source. It's a very heavy use of roads, provides danger and a lot of traffic. The buffer of trees does very little to prevent noise. If the CM district was intended to be transition zoning, that transition is to be a transition between the commercial use and the heavy industrial use. Trucking is considered by the Tukwila Zoning Code to be one of the worst sources of pollution. Regarding the two sites, loading and unloading a truck will produce some amount of noise, but not as much as driving the tractors back and forth, hooking Regular Meeting Minutes April 2, 1990 Page 5 Public Hearing (con't) up the trucks to trailers and moving them. This site is used for moving trailers in and out. It is doubtful the site would be used as much as the site across the street, but that's still the intended purpose and that is why the addition of tractors was added to it. The intended use of the site is contradictory to the intended purpose of this property which is a park -like transition between residential use and industrial use. Mr. Robertson stated he does not want to sit in the Planning Commission's role and second guess whether the three items that were appealed were right or wrong. However, he is convinced there was not an acceptable compromise reached between the residential community and the property owner. In conclusion, Councilman Robertson recommended that Council uphold the appeal and deny the application and send them back to find a compromise. The intended use of this property is not allowed except as a conditional use in any of Tukwila's zones. It is not allowed at all as a conditional use in the four lighter commercial uses. If the property owner intends to use it to drive the trucks back and forth, which is the highest polluting source, then it's necessary for the property owner to find an acceptable compromise. MOVED BY ROBERTSON, SECONDED BY DUFFLE, TO UPHOLD THE APPEAL AND DENY THE APPLICATION.* Councilman Rants commented that the staff and citizens and Becker came to a good compromise. He is in favor of upholding the appeal and revising the Planning Commission decision. We could do that tonight. All we need to do is put in the fencing and the planting that our Planning Department suggested. He is opposed to denying Mr. Becker's right to start off with his property; however, he feels the Council is upholding the appeal the way the citizens wanted it done. Councilman Moriwaki stated that there is another specific reason for scrutinizing the situation which has not been discussed. The map shows that areas that the CM areas that have those kind of trucks don't butt up next to single family residences. That's why it is extremely important that we take the time and energy to make sure the impacts of what this operation does on the surrounding community. All the other CM goes along the river south of I -405 to south of Southcenter along I -5. The reason other appeals are not scrutinized so closely is because there are no residences next to the businesses. Regarding the parking on the street issue, Councilman Moriwaki commented that once the parking lot is paved and unlit and dark, it's a nice place to hide out. That's another serious concern. The fencing issue is one of security for Mr. Becker's property and possessions and security to the community. He concluded by stating he would vote against the motion; however, he would like to have the second motion to hold up the appeal and go through the Commission points. Mayor Pro Tem Hernandez asked counsel if she would be allowed to vote on this issue even though she was chairing the meeting. Attorney clarified that she would. Hernandez stated that she would vote against the motion because she feels Council should uphold the appeal but revise the decision. She would rather see planned parking in a parking area than require people to park on the street. Councilman Robertson commented that he feels in this case it is necessary for a solid compromise to be reached and not a decision levied by the Council sitting in for the Planning Commission. with a few moments study and a little testimony. He doesn't feel that's Council's role. Regular Meeting Minutes April 2, 1990 Page 6 Public Hearing (con't) *MOTION FAILS 4 -2. 0,/85 Councilman Lawrence also opposed the motion stating that in light of what the Planning Commission had done, he did not feel Council could reach a compromise that would work out. MOVED BY MORIWAKI, SECONDED BY RANTS, THAT COUNCIL UPHOLD THE APPEAL AND REVISE THE PLANNING COMMISSION DECISION BASED ON THREE STATED CONDITIONS: 2) TRUCKS AND 'TRACTORS; 4) PLANTING ENHANCEMENT; 6) FENCING OF THE PROPERTY.* For clarification Councilman Moriwaki stated that this motion is to follow the Planning staff's recommendations and to appeal the Planning Commissions new impositions and definitions. Councilman Robertson asked Office of Community Development (OCD) Director Rick Beeler, and Assistant Planner Molly Headley if they understood what they would do with this based on the information. Ms. Headley replied she understood that they would look at the staff memorandum dated February 12, 1990 which addresses the issues that resulted in these conditions. On page three of the report under Recommendation, number 1) Use of site will be confined to parking of employee automobiles and truck trailers, was the original recommendation of the Planning Commission. We would change that recommendation to include tractors, truck tractors and trailers. Councilman Robertson inquired what would stop this site from becoming another transfer station. Mr. Beeler responded that the applicant would have to go through another Conditional Use Permit process. The CUP is attached to the site. If another owner came in, he would have to live with the same conditions unless they came back to the Planning Commission and the CUP process to change those conditions. Councilman Moriwaki, noted on page two of the same staff report under Design Review Related Concerns, Citizen Concern #3 listed the concern that the lot would be used for inappropriate activities after hours. Staff response listed a gate and /or fence could address this concern. Ms. Headley responded that the concern would be handled through Recommendation #3 on page three: Applicant will revise site plan to provide locking gates at entry to site. Councilman Moriwaki noted the word "fence" did not appear in the recommendation. The motion he put forward was to follow with Condition #6 and fence the property when required. MOVED BY MORIWAKI, SECONDED BY DUFFLE, THAT THE MOTION BE AMENDED TO REQUIRE APPLICANT TO REVISE SITE PLAN TO PROVIDE LOCKING GATES AT ENTRY AS A CONDITION OF THE APPLICATION.** Councilman Robertson commented that "fencing" had not been defined as to type and height. Mr. Beeler responded that security fences are normally eight foot cyclone fences with another two feet of barbed wire at the top. He added that Council could further define the issue if they wished. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, THAT THE MOTION BE AMENDED TO REQUIRE THAT A SECURITY FENCE BE PLACED INSIDE OF THE PLANTING BUFFER. Regular Meeting Minutes April 2, 1990 Page 7 Public Hearing (con't) Recess 9:10 p.m. 9:20 p.m. OLD BUSINESS Ord. #1560, Recreating the Tukwila Planning Commission o911 Councilman Moriwaki stated that he amended the motion to be more specific. The recommendation on page three under Recommendation simply states: "The applicant will revise site plan to provide locking gates at entry to site." The intent for a fence is there, but it is not stated in a recommendation. ***MOTION CARRIED AS AMENDED. Mayor Pro Tem Hernandez commented she would vote against the original amendment because she did not want to require locking gates. She feels it would create more of a danger to have people leave their cars running while they unlock a gate. *MOTION CARRIED AS AMENDED. On the issue of the truck/tractor /trailer parking, Councilman Rants remarked that you can't expect to haul trucks in there without having a tractor on them. Councilman Lawrence commented that if we are requiring the fence for security then as long as the primary use is for tractor and employee parking, he sees no reason to not allow the incidental parking of trucks and tractors. Councilman Robertson added that if one of the concerns was the noise pollution and air pollution from the use, forcing the applicant to put the trucks somewhere else is going to increase the noise and air pollution, not decrease it. MOVED BY ROBERTSON, SECONDED BY LAWRENCE TO AMEND THE ORIGINAL MOTION TO DENY THE APPEAL TO CONDITION #2. Councilman Moriwaki stated that he will vote for the motion; however, he hoped the intent of the applicant is to use the area for parking only. *MOTION CARRIED. Councilman Robertson asked Mr. Beeler what would prevent the use of the area which is intended to be employee parking from being used for truck parking. Mr. Beeler responded that it could be brought back to the Planning Commission who could revise or deny (revoke) the Conditional Use Permit as one of the conditions of the CUP is the site plan *MOTION CARRIED. ORIGINAL MOTION IS APPROVED AS AMENDED. Mayor Pro Tem Hernandez called a brief recess. The meeting resumed at 9:20 p.m. with Councilmembers in attendance as listed above. MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance of the City of Tukwila, Washington, recreating the Tukwila Planning Commission, prescribing its duties, authority and procedure, and repealing Ordinance No. 1112 and Ordinance No. 1550. Councilman Lawrence commented that he is in favor of the ordinance; however, because of the timing, a portion of the community has interpreted the ordinance as being aimed at specific individuals rather than the principle. In his opinion, passing the ordinance today rather that in the near future wont bring any particular benefit to the issue other than to cloud the issue further. Regular Meeting Minutes April 2, 1990 Page 8 Old Business (con't1 Citizen Comment vy8 7 MOVED BY LAWRENCE, SECONDED BY DUFFIE, THAT THE ISSUE OF RECREATING THE PLANNING COMMISSION BE CONTINUED UNTIL THE FIRST REGULAR MEETING IN SEPTEMBER.* Councilman Rants commented he is not in favor of postponing the issue. Councilman Moriwaki agreed and added that change in organizations causes pain and controversy and to wait until a later time won't make it any less painful The intent of the ordinance is very clear in the "Whereas" statements- -that we want to increase residential representation on the commission. That is the intent and purpose. In response Councilman Lawrence stated by delaying our decision, we can prove that our intent has nothing to do with individuals coming up for appointment immediately and has nothing to do with issues facing us in the next few months. In favor of the motion, Mayor Pro Tem Hernandez commented that she doesn't mind changing the six year term to four years, and she doesn't mind requiring residency; however, she feels it is important to designate the two business representatives whether they are business or citizens. Mrs. Hernandez added that in the three years she has sat on the Council she has never heard anyone address the Council under Citizen Comments complaining about the Planning Commission. We have also approved several appointments to the Commission during the same time period and no one has come forward to speak against any of the appointments. The complaints have never been publicly expressed. When requesting agenda items for the Council retreat in January the topic of the re- composition of the Planning Commission was never suggested for discussion. If people have a problem with the Planning Commission it's Council's responsibility to enact the legislation to give them the guidelines to act by. We must give them the proper zoning code ordinances, the proper design code standards, and all the proper guidelines that they need to base their decisions on. Mrs. Hernandez believes that the proper checks and balances are in place. The Council confirms every appointment to the Planning Commission. We can deny the applications if we wish. Regarding the of terms of office, Mrs. Hernandez feels the current terms should be allowed to expire in due course. She is not sure that a Planning Commission member should be removed for anything but negligence or malfeasance. If we allow the proper course to continue, there will be automatic vacancies occurring that some of the new applicants could be considered for. With the Sensitive Areas Ordinance, the Clearing and Grading Ordinance and possibly the Multi- Family Study all ready to go to the Planning Commission, it's not a good time to break the continuity in a team that's working well together. Mrs. Hernandez is concerned whether this ordinance in the best interest of the City or not. She regrets that the volunteers who have given their time have been made to feel unappreciated. She offered her apologies to the volunteers. In conclusion, Mrs. Hernandez stated she hoped that those of the Council who favored the ordinance would reconsider taking action at this time and allow some of these feelings to be considered. Jerry Hamilton, 5624 So. 147th Street, Planning Commission member, stated he does not take issue with the Council. The Council has a legal right to do what they care to do with those terms as long as there are objective reasons for changing the terms. If they are personal reasons, they should be cast aside and objective reasons applied to changing the terms. The other issue is the makeup of the Planning Commission. Mr. Hamilton noted that when he was first on the commission he wondered what the business persons were doing on the Planning Commission, they don't really have a right to be on the Planning Commission. For three years he worked with three different non- resident business people. He found them to be bright, intelligent people. Two business people out of a total of seven commissioners will not hurt the City. There are five other resident commissioners who will keep them in check if necessary; however, in three years he Regular Meeting Minutes April 2, 1990 Page 9 Old Business (con's) 098? has not seen any attempt from the business segment of the Planning Commission to gain control to try to enact or make recommendations that will hurt the City or favor business. In Mr. Hamilton's opinion the Council would show greater objectivity by not confining the business appointments necessarily to business people who reside in Tukwila. He feels it would be a show of good faith to the business community by making the appointments as they are made today. Business deserves better than being removed from the Planning Commission. Councilman Robertson is against the motion to postpone a decision until fall. To delay would make the pain and uneasiness, and to some extent the ill will and polarization of the community that has occurred in the last few weeks, for naught. Also, the Planning Commission is about to sit and look at a Sensitive Areas Ordinance. The SAO and the Grading and Fill permits will have a definite impact on property rights. It is a case not of business versus residential. Almost everybody has something to do with business somewhere. The real issue is property rights and how far they extend. This ordinance will impact property rights. If we were to postpone this decision until next fall, the message we would be accused of giving the Planning Commission is that if you don't vote the way the Council has indicated it wants you to vote, will do something bad to you. That's terribly wrong. Nowhere in the current ordinances nor in the proposed ordinance does it say that we want the Planning Commission to be "yes men" to the Council or anybody else. Councilman Robertson feels that if Council were to postpone the issue they would likely be accused of using this proposed change to the Planning Commission as a lever to force them to vote some way that the Council might want. This Council and the Council for the previous two years overturned almost everything that came before it or was appealed to the Council that the Planning Commission had voted on. It is hard to assume, especially after tonights discussion, that the Council philosophically agrees with the Planning Commission. Councilman Robertson added that although he has no problem with someone knowing that he disagrees with them; however, he does have a problem personally with someone saying he intends to influence a particular vote they might make on an issue. In conclusion Mr. Robertson stated he is against the motion to delay. Councilman Duffie reported that he is for the motion because the time would give the Council time to think and in September they might have a better idea of what they want to do. He thinks the Planning Commission has done an outstanding job. There may be problems on the Planning Commission but there are problems here also. Anywhere you have a body of people who all agree, you have a big problem. Mr. Duffie added that he was sure there were other people who would like to be part of the Planning Commission and that maybe Council should add two more seats to the commission. He requests that Council deny the motion, leave things the way they are, and look toward the future. Councilman Ekberg also spoke against the motion. He feels Council has developed a division between residents and businesses. Our community is no longer a community, it's side against side. He doesn't feel that postponing the issue will help the problem. *MOTION FAILS 5 -2 WITH LAWRENCE AND HERNANDEZ VOTING YES. MOVED BY MORIWAKI, SECONDED BY EKBERG, THAT THE PROPOSED ORDINANCE BE APPROVED AS READ.* MOVED BY LAWRENCE TO AMEND THE ORDINANCE SO THAT THE EFFECTIVE DATE IN SECTION 9 BE CHANGED FROM 90 DAYS TO 150 DAYS AFTER PASSAGE AND PUBLICATION. Regular Meeting Minutes April 2, 1990 Page 10 Old Business (con't) MOTION FAILS FOR LACK OF A SECOND. MOVED BY RANTS, SECONDED BY LAWRENCE, THAT THE ORDINANCE BE AMENDED SO THAT SECTION 4, TERM OF OFFICE READS AS FOLLOWS: THE PRESENT APPOINTED MEMBERS OF THE PLANNING COMMISSION SHALL REMAIN IN OFFICE FOR THE BALANCE FOR THEIR PRESENTLY EXISTING TERMS. FUTURE TERMS OF OFFICE WILL BE FOR A PERIOD OF FOUR YEARS AND SHALL EXPIRE AT MIDNIGHT ON MARCH 31 OF THE APPROPRIATE YEAR. WHEN A VACANCY OCCURS ON THE COMMISSION, APPOINTMENT FOR THAT POSITION SHALL BE FOR FOUR YEARS OR THE REMAINDER OF THE UNEXPIRED TERM WHICHEVER IS SHORTER.** To explain his amendment, Councilman Rants remarked that he made the motion because the gentlemen that have been appointed to the Planning Commission are all responsible, intelligent men who have been approved by a Council, appointed by a Mayor, and have the right to fulfill the tenure of their office. Mr. Rants added that not everyone will always agree, but there is nothing wrong with controversy. However, he does feel that members of the Planning Commission should be residents of the City. If Council accepts this amendment, they will still have staggered terms past the year 2000. In the year 2003 three members will be appointed. Councilman Ekberg agreed that the current Planning Commission members have done an outstanding job; however, he is concerned with a rotation schedule that goes into the year 2003 where there may be three members appointed in any one year. Two members up in one year is quite appropriate. A spread based on two members up in one year is good so that every year you would have two members up except for one year where you'd have one member up. That is the type of spread that would bring some continuity to the Planning Commission when changes are made. He does not like the rotation suggested in the amendment. Mr. Ekberg suggested a friendly amendment whereby the terms would expire at their normal dates and then in order to get on to a four year rotation, that there be short interim terms made between appointments. In this manner, the rotation would become stable in the future. Mr. Ekberg is not convinced that rotating three people in one year, nobody in the next year, and three people a year later, will really meet the needs of the community. Councilman Rants commented that it does take at least two years to learn either the Council or the Planning Commission. If Council goes with the proposed amendment, we might amend it at the end to say one term at the end of 2002. Councilman Ekberg commented that he would like his friendly amendment added so that the action and the concept that we're talking about is implemented. Possibly the specific dates, times, and the years could be worked out outside of this meeting. Councilman Rants suggested that another Council handle the terms to be scheduled in the year 2002. Attorney Colgrove suggested that if Council wants to follow Councilman Ekberg's suggested phasing schedule, we take the time to draft the proper wording. Speaking against the motion, Councilman Robertson noted that the ordinance as proposed has a table. The purpose of that table was to account for the problem of how to phase into a new term of office. It appears that this amendment may not be well thought out. This amendment postpones the decision. It's giving the issue up to someone else. This amendment makes the whole ordinance somewhat meaningless in a reasonable period of time. It appears that the real issue is what we do and when we do it. It's not business against residential. This is a complex issue with many things at play. The Planning Commission has an incredible impact on the way the City looks. Regular Meeting Minutes April 2, 1990 Page 11 Old Business (con't! Citizen Comments Authorization to Enter into an Interlocal Agreement to Participate in Jointly Funded Study of Library Services 0 /9 They interpret the laws based upon their own philosophical members. Councilman Robertson added that though he might not be pleased with the decisions of the Planning Commission, it does not mean he is displeased with the people. He feels this amendment is a "cop out Councilman Lawrence commented that as a courtesy those who were appointed by the Mayor and approved by the Council should be allowed to finish out their terms and then we'll make the change. Councilman Robertson added that if we are so pleased with their performance, the Mayor could reappoint them and the Council could reaffirm them. If this ordinance is passed as it is written, and Council is really pleased with the commission members' performance, you have a perfect opportunity to demonstrate that. Councilman Rants stated that at no time had he made a decision that he wanted to totally revamp the Planning Commission. Originally the discussion was about one appointment. When a draft ordinance was presented at the council meeting two weeks ago, Mr. Rants had no idea this was to involve the whole Planning Commission. *MOTION CARRIED 5 -2 WITH DUFFIE AND ROBERTSON VOTING NO. Councilman Moriwaki commented that this motion strikes the original graph. MOVED BY EKBERG, SECONDED BY MORIWAKI, THAT SECTION 2 BE AMENDED TO ADD THE WORDS "TO PROVIDE A BALANCED COMMUNITY SPIRIT" AFTER THE WORD "AREAS" AT THE END OF THE SECOND SENTENCE. MOTION CARRIED WITH DUFFIE VOTING NO. A letter from Planning Commission member Jack Flesher regarding the proposed Planning Commission ordinance was read. Mr. Flesher recommends that the two business positions remain in tact, but that the proposed change in residency status be allowed. Barry Reid, 5103 So. 164th Street, and Catherine Harris, 5610 So. 141st Street, spoke against the motion to change the composition of the Planning Commission. *MOTION CARRIED TO PASS ORDINANCE. #1560 AS AMENDED WITH DUFFIE AND HERNANDEZ VOTING NO AND ROBERTSON ABSTAINING. Councilman Robertson explained that his abstention is a positive vote in this situation. MOVED BY ROBERTSON, SECONDED BY EKBERG, TO AUTHORIZE THE ADMINISTRATION TO ENTER INTO AN INTERLOCAL AGREEMENT TO PARTICIPATE IN A JOINTLY FUNDED STUDY OF LIBRARY SERVICES.* Councilman Robertson praised the administration for their good work on this project. City Administrator John McFarland commented that a consortium has been organized to track the efforts of the consultant. He is confident that we will receive good data. Mr. McFarland added that Kirkland has decided to annex to the library system so they will not be participating in the study; therefore, the costs for the study have been reduced proportionately. *MOTION CARRIED. Regular Meeting Minutes April 2, 1990 Page 12 Authorization to Enter into Interlocal Agree- ment with King County Allowing the City to Receive Open Space Bond Issue Proceeds Authorization to Enter into a Contract for a Study of Wetlands and Watercourse Buffers, Not to Exceed $20,000 NEW BUSINESS Authorization to Call for Bids 52nd Ave So. Storm Drain Rehab. Ordinance No. 1561 LID 32 Bonds MOVED BY MORIWAKI, SECONDED BY EKBERG, TO AUTHORIZE THE MAYOR TO SIGN THE INTERLOCAL AGREEMENT WITH KING COUNTY ALLOWING THE CITY TO RECEIVE OPEN SPACE BOND ISSUE PROCEEDS. MOTION CARRIED. Councilman Robertson reported that if we move ahead and do Study A of Phase I as proposed, it will allow us to get the buffers we need and some definitions into the Sensitive Areas Ordinance. At the same time, we will start another more in depth study that will look at site specific characteristics of the wetlands and the watercourses and propose a variety of things that would include site specific mitigations, impacts, and enhancements to water quality. The second study will take a considerable amount of time to complete. When the results of the second study are completed, probably within a year's time, we will look back at the SAO and modify it if needed. *MOTION CARRIED. a yV MOVED BY ROBERTSON, SECONDED BY EKBERG, TO AUTHORIZE THE MAYOR TO NEGOTIATE AND ENTER INTO A CONTRACT NOT TO EXCEED $20,000 FOR PHASE I OF A STUDY OF WETLANDS AND WATERCOURSE BUFFERS.* Bill Arthur, Sensitive Areas Citizens Advisory Committee member, noted that the study is different from what the committee recommended. He is concerned that by doing two studies, the costs will increase. It will also take longer to get the ordinance in place. Councilman Robertson responded that one of the issues with the original proposal was how much could be accomplished in the next few weeks. The proposed goals for the second study are fairly substantial. To deal with each watercourse individually will take time. MOVED BY EKBERG, SECONDED BY ROBERTSON, TO ACCEPT THE 52ND AVENUE SOUTH STORM DRAIN REHABILITATION PROJECT. MOTION CARRIED. Finance Director Alan Doerschel reported that the negotiated sale of bonds with Sherson is exactly on target with the two LID's that have closed recently in Spokane and Everett. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance relating to Local Improvement District No. 32; Fixing the amount, form, date, interest rates, maturity and denominations of Local Improvement District No. 32 bonds; Providing for the sale and delivery thereof to Sherson Lehman Hutton Inc. in Seattle, Washington; and Fixing the interest rate on Local Improvement District No. 32 assessment installments. Regular Meeting Minutes April 2, 1990 Page 13 New Business (con't) Ordinance No. 1562 Increasing the Amount in Advance Travel Expense Account Resolution No. 1135 Approving Banking Services Agreement with U.S. Bank Budget Transfer Motion 90-01 to Show Block Grant Expenditures Resolution No. 1136 Setting Public Hearing Date for Petition for Street Vacation Nor Med Shaw MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT ORDINANCE NO. 1561 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance of the City Council of the City of Tukwila, Washington, increasing the amount in the Advance Travel Expense account; Finance Director, custodian, as set by Ordinance No. 1215. MOVED BY RANTS, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1562 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO EXTEND THE MEETING FOR A PERIOD OF 15 MINUTES. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. A resolution of the City Council of the City of Tukwila, Washington, authorizing the Mayor to approve a banking services agreement with U.S. Bank. MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT RESOLUTION NO. 1135 BE ADOPTED AS READ. MOTION CARRIED. Finance Director Alan Doerschel reported that in order to compare bids, we had to make some assumptions on levels of activities. Some banks came out with pluses, some with minuses. The goal is to have a zero balance at the end of the year. You don't write banks checks for their banking services. You keep enough cash in the bank to earn money so that at the end of the year, the amount it cost for banking services is equal to the amount you earned. Banks today are very competitive. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, TO APPROVE A BUDGET TRANSFER MOTION #90 -01 IN THE AMOUNT OF $30,000 TO SHOW BLOCK GRANT EXPENDITURES. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY EKBERG THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance of the City Council of the City of Tukwila, Washington, 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 a portion of 43rd Avenue South, north of So. 131st Place. MOVED BY DUFFIE, SECONDED BY EKBERG, THAT RESOLUTION NO. 1136 BE ADOPTED AS READ. MOTION CARRIED. Regular Meeting Minutes April 2, 1990 Page 14 New Business (con't) Review Scope of Work for City's Long -Range Facilities Needs Appointment of Acting City Clerk ADJOURNMENT 11:20 p.m. Councilman Moriwaki inquired if the intent of the study is to assess the current structures as well as looking at new structures. John McFarland responded that the study would look at projected costs to operate current facilities both in terms of whether they meet program needs and the capital costs to keep them running. Property acquisitions for City operated facilities will also be part of the study. MOVED BY DUFFIE, SECONDED BY ROBERTSON, TO FORWARD THIS ISSUE TO THE COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT JANE CANTU BE APPOINTED AS ACTING CITY CLERK. MOTION CARRIED. Joan Hernandez, Mayor Pro Ted' J,a'i* Cantu, Acting City Clerk