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HomeMy WebLinkAbout1990-04-23 Committee of the Whole Minutes050 TUKWILA CITY COUNCIL April 23, 1990 Tukwila City Hall 7 :10 P.M. Council Chambers COMMITTEE OF THE WHOLE MINUTES CALL TO ORDER Council President called the Committee of The Whole Meeting of the Tukwila City Council to order. COUNCILMEMBERS JOE H. DUFFIE, DENNIS ROBERTSON, JOAN HERNANDEZ, Council PRESENT President; CLARENCE MORIWAKI, ALLAN EKBERG, WALLY RANTS, STEVE LAWRENCE. OFFICIALS JOHN COLGROVE, City Attorney; JOHN MCFARLAND, City Administrator; RICK BEELER, Director, Department of Community Development; REBECCA FOX, Associate Planner;. ROSS EARNST, Public Works Director; DOUG MICHEAU, Public Works Coordinator. Councilmember Rants stated it was his that reports would be added at the beginning of the Council session; however, he was not aware that to be in compliance with the TMC, a motion must be made each time. Rants con- tinued that the Mayor s ofrice had been granted a preferred form with reports being at the beginning of each Council meeting and would like to see this form accepted as a per- manent one. CITIZEN'S COMMENTS Council President Hernandez informed Rants that an amendment to the existing ordinance must be made to establish a dif- ferent format from what is presently being followed; and until then, we must continue to make a motion if we wish to alter the agenda format. Council President Hernandez also stated she was in favor of having the reports at the beginning of the meeting because often members of the audience were unable to stay throughout the entire meeting to hear reports. MOVED BY HERNANDEZ. SECONDED BY MORIWAKI. THAT THE REPORTS FOLLOW CITIZEN S COMMENTS ON THE AGENDA. MOTION CARRIED. Council President Hernandez announced that Item 2a, under SPECIAL PRESENTATIONS had been withdrawn from the agenda. MOVED BY EKBERG. SECONDED BY ROBERTSON THAT ITEM 4e (UNDER SPECIAL ISSUES) BE DISCUSSED FOLLOWING 4c. MOTION CARRIED. Colleen Anderson, 12630 34th Avenue South, stated she does not believe King County is enforcing the Tukwila Animal Control Ordinance because she signed a formal complaint over a month ago and the dogs are continuing to run the neigh- borhood totally unsupervised and are not licensed. Councilmember Duffie requested Mrs. Anderson give him a copy of her complaint and informed the audience that King County has made a commitment to patrol and pick up any animal found to be in violation of the City s Ordinance. Duffie stated he will conscientiously continue to keep this issue before King County and serve as mediator for others seeking answers to animal control problems. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 23, i990 Page 2 CITIZEN'S COMMENTS (Con't) 050! Catherine Harris commented there were changes made to the Planning Commission Ordinance after the ordinance had been adopted by the Council. While she agrees the ordinance, as written, does not clearly communicate its intent, the ordi- nance should have been brought back to the full Council for amendment consideration and changes not arbitrarily made in the Mayor's office (if this were the case). She feels this may pose ethical and legal implications. City Attorney Colgrove concurred the ordinance was not clear on a couple of paragraphs, but that the caption of the ordi- nance was not changed. Councilmember Duffie asked if we need to clarify the paragraphs of the ordinance in question. City Attorney Colgrove responded that he would prefer to see the language clearer. Councilmember Robertson suggested the matter be forwarded to the Community Affairs subcommittee to decide whether or not clarification was needed. MOVED BY ROBERTSON, SECONDED BY RANTS, THAT THIS ISSUE BE MOVED TO THE COMMUNITY AFFAIRS AND PARKS SUBCOMMITTEE TO MAKE A DECISION AS TO WHETHER OR NOT CLARIFICATION IS NEEDED IN A COUPLE OF PARAGRAPHS IN THE ORDINANCE RECREATING THE PLANNING COMMISSION. MOTION CARRIED. Scott Nangle, 14140 56th Avenue South, commended the City's continued efforts in the areas of environmental concerns such as Sensitive Areas, Recycling, and Surface Water Utility. He would like to encourage similar action on Air Pollution, and Burn Bans with regards to fire places. etc. Mr. Nangle also commented on sign pollution in the City. He pointed out there is a sign every 1 to 5 miles. Mr. Nangle feels this is not necessary and would like to see sign reduc- tion in the City. Sharon Bernhart., 3418 South 126th. described a situation she s experiencing in her neighborhood as a result of live band entertainment that goes on at King's Restaurant. In spite of repeated requests made to King's to tone -it -down and calls to "91i" the neighbors still lie awake sometimes as late as 3 00 a.m. The neighbors have encountered a drug bust and a murder assault both within a five -week period. She pleaded to the Council for help in this area. Councilmember Duffie stated this issue should be forwarded to the Community Affairs and Parks Committee for monitoring. City Administrator John McFarland explained he has a request for action on this matter and that some monitoring had already been done. The results of the monitoring determined that the noise level did not exceed the decimal level as specified in the TMC. This does not mean the constant repetitive noise isn't occurring, it just means more time may need, to be spent on monitoring. McFarland added he would like to- continue working on this matter on the administrative level until a resolution has been met. Councilmember Ekberg requested information on frequency of police response to noise complaints at King's Restaurant. Ekberg would also appreciate information on the process and procedure per the Tukwila Municipal Code (TMC) on noise control. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 23, 1990 Page 3 CITIZEN S COMMENTS (Con t) REPORTS Council President Hernandez thanked all the citizens for their comments and for ca„ing the Council's attention to their concerns; and offered commendations to the administration that the situation is already being monitored. She asked the Finance and Safety Committee to continue to follow-up on this matter. Hernandez requested a follow up report on this issue be given at the May 14 Committee of The Whole meeting. Councilmember Duffle reported King County Animal Control will be monitoring the 57th Avenue Area for stray dogs. Councilmember Robertson reported the Transportation Committee will meet on Tuesday, April 24 at 6 00 p.m., and have only one agenda item to discuss A list of projects. He's hoping to balance the input from the councilmembers and staff and come up with a recommended subset of projects on transpor- tation that will be brought back to the Committee of The Whole for discussion. Councilmember Moriwaki reported the Community Affairs and Parks Committee discussed the meaning of a cabaret license and how cabaret license relates to the existing adult enter- tainment ordinance which is being challenged in the courts. The Committee also discussed the function of the State Liquor Control Board. An update on the Human Services Policy was presented by Consultant Wendy Morgan. Moriwaki commended Morgan for the fine job she s doing in this area. She has already interviewed some 40 people in the community at this point. A Human Services Summit is planned for May 9. 7 00 p.m. Councilmember Ekberg reported the Finance and Safety Committee discussed the transfer of Local Improvement District (LID) Guarantee Fund. These are funds used to pay L.I.D. Bonds if assessments are not collected. L.I.D. s are closed out; therefore, funds can be used for other purposes, i.e. to cover some of the costs of the SAO Facilities Study and /or land acquisitions. Councilmember Lawrence reported he had traveled the dikes with Joan Hernandez, Lucy Lauterbach and other City officials with a representative from the Army Corps of Engineers. The plans for raising the dike appear to be reasonable. The only real problem encountered was in the large horseshoe bend, south of 180th, where there is substantial disturbance of the existing landscaping. Lawrence concluded, though an agreed upon solution was not met on the landscaping, the corps was sensitive to the City's overall concerns. City Administrator McFarland presented the staff report and informed the Council they will be receiving the First Quarter Activity Report from the staff and the Mayor s Office on May 14. The Report will include a "test" format on the comple- tion of project- related activities as well as the discussion of the C.I.P. Alan Doerschel, Finance Director, gave a preliminary report on Fees for Service per the request of Councilmember Dennis Robertson. The information presented was only part of a complete package to be presented to the Council in about three weeks. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 23, 1990 Page 4 SPECIAL ISSUES Briefing and discussion on Solid Waste /Recycling Policies. OS/ D Councilmember Duffie stated the committee had been working on the program for several months and that preparation to fina- lize the Plan is being considered. Rebecca Fox Department of Community Development stated it is expected that the City will begin some of its recycling services by the end of the first quarter, 1991 and would therefore like to proceed with finalizing the program choices, and schedule Public Meeting /Hearing on the Program. A discussion ensued by the entire Council touching upon the total program costs, funding sources and impacts on rate- payers. Councilmember Lawrence emphasized the Waste /Recycling program will concentrate specifically on a voluntary basis and will only move toward assessing a tax on residents should the program fail. The Council agreed to leave the decision of scheduling the next public meeting of the Solid Waste /Recycling Program to the discretion of Council President Hernandez. RECESS 9 50 10 12 p.m. Council President Hernandez called the meeting back to order with Councilmembers in attendance as listed above. SPECIAL ISSUES (Con t.) City Administrator McFarland recommended the Council consider Discussion on King approving the Animal Control Interlocal Services Agreement County Animal with King County. The agreement obligates the County to Services Control track animals, collect revenues on the sale of licenses, and Agreement. the impound of animals which offsets the services that they provide us.McFarland recommends approval of the agreement but continuation of discussions with the County regarding program expectations. Discussion on process for review and approval of Sensitive Areas Ordinance. MOVED BY DUFFIE, SECONDED BY RANTS, THAT AUTHORIZATION FOR THE ADMINISTRATION TO EXECUTE THE AGREEMENT WITH KING COUNTY CONTINUE AT THE LEVEL OF SERVICE CURRENTLY BEING PROVIDED, AND THE OPPORTUNITY TO REQUEST A REPRESENTATIVE FROM ANIMAL CONTROL TO ADDRESS SPECIFIC PROBLEMS. MOTION CARRIED. Councilmember Robertson stated the Council Ad Hoc Committee had met recently and discussed a review process and schedule of the SAO Draft Ordinance a timeline which encompasses a five -month period. Adding this is a reasonable process that gives the committee an opportunity to deal with a fairly complex issue. Councilmember Rants commented a lot of hard work had gone into this process and it is now time for hearings and publi- cation of all the materials so that everyone (who has an interest) may be informed. Councilmember Moriwaki expressed concerns of the timeline and added he would not be surprised if an extension of the moratorium is needed, because this is a complicated ordinance and the timeline has not been kept to date. He prefers using a target date of September 10, 1990 for Council to adopt ordinance and lift moratorium; noting, however, that whatever time is necessary to produce an effective document should be considered. Council President Hernandez asked for clarification of the SAO draft, Hillside Aesthetics and Clearing and Grading ordi- nances. Are all three documents being addressed as one total package? TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 23, 1990 Page 5 SPECIAL ISSUES (Con t) discussion on PP °M of Sensitive Areas Ordinance. Discussion of riscal impact of Interurban Ave.. Southcenter Blvd., E. Marginal Wy. Project. Councilmember Robertson responded it would lessen the con- fusion if they are presented as one package •since all three are so closely related. Councilmember Rants stated all the highlights and policies will be in draft form and brought before the full Council throughout the entire process. Councilmember Moriwaki commented tonight's discussion was for the purpose of establishing the timeline and that the process would allow for the appropriate gathering of information. Council President Hernandez asked if the timeline could be shor- tened. Robertson responded pertinent steps in the process may be lost if the timeline were shortened. MOVED BY DUFFIE, SECONDED BY EKBERG, THAT THE SENSITIVE AREA ORDINANCE REVIEW PROCESS BE ACCEPTED AS AN OUTLINE JUST TO GET STARTED. MOTION CARRIED WITH HERNANDEZ VOTING NO. Councilmember Robertson stated publication of the Public Information Brochure should begin immediately and should include explanation of the purpose (statement of goals) and timeline schedule. Councilmember Lawrence asked if the whole Council would have a chance to review the public information brochure in (draft form) prior to its publication. Robertson response was a most definite yes. MOVED BY ROBERTSON. SECONDED BY LAWRENCE. THAT THE COUNCIL AD HOC COMMITTEE PRODUCE A PUBLIC INFORMATION BROCHURE REGARDING THE SENSITIVE AREA ORDINANCE WITH SCHEDULE AND A STATEMENT OF COUNCIL GOALS. City Attorney Colgrove informed the Council unless he's directed by the Council to draft an ordinance to extend the moratorium before the Regular Council meeting, it will expire on its own terms. Councilmember Robertson inquired as to the length of time the Moratorium could be extended. Moriwaki asked if it can be extended indefinitely, until the passage of the SAO. MOVED BY ROBERTSON, SECONDED BY MORIWAKI, THAT THE CITY ATTORNEY BE ASKED TO PREPARE AN ORDINANCE TO EXTEND THE MORATORIUM UNTIL A PERIOD OF TIME AFTER THE SAO IS PASSED, NOT TO EXCEED ONE YEAR. Councilmember Rants questioned whether a window will be provided to allow some exceptions to process some of the waivers. Recommendations from staff to ease the waiver process would be appreciated. *MOTION CARRIED *MOTION CARRIED WITH DUFFIE VOTING NO. Ron Cameron. City Engineer. Public Works Department. explained the Transportation Committee recently discussed how the City can get approximately $10 million in grants for three projects: Southcenter Blvd. extension to Grady Way; Interurban Avenue (42nd 52nd); and East Marginal Way. The City's costs for these three projects range from $5 -10 million total. Councilmember Duffie reminded the Council of the 11:00 p.m. adjournment regulation per the Tukwila Municipal Code (TMC). MOVED. BY ROBERTSON, SECONDED BY MORIWAKI THAT THE COUNCIL MEETING CONTINUE FOR AN ADDITIONAL TWENTY MINUTES. MOTION CARRIED WITH DUFFIE VOTING NO. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 23. 1990 Page 6 SPECIAL ISSUES (Con t) Discussion of fiscal impact of Interurban olvd:, marginal Way Proj. (Con't). Discussion on ground cover preservation and clearing /filling/ grading Ordinance. ADJOURNMENT 11 25 p.m. Councilmember Lawrence requested a good. solid summary in writing with regards to the three projects for clarification purposes. Discussion ensued with Hernandez and Duffie stating their full support of the projects. Doug Micheau, Public Works Coordinator, presented the Council with a list of revisions with changes for the Ground Cover Preservation, Clearing, Filling and Grading Ordinance. Council President Hernandez requested clarification of Section III, Item 3.2,D: "DESIGNATED NATIVE GROWTH PROTECTION EASEMENT." MOVED BY DUFFIE. SECONDED BY RANTS. THAT THE MEETING BE ADJOURNED. MOTION CARRIED. Hernandez. Council Pres ent Celia Square. Reprding Secretary 05/02