Loading...
HomeMy WebLinkAbout1988-06-06 Regular MinutesJune 6, 1988 7:00 P.M. CALL TO ORDER and PLEDGE OF ALLEGIANCE ROLL CALL OFFICIALS APPOINTMENTS Reappointment of Jerry Hamilton to Planning Commission Appoint Ross Earnst as Public Works Director Commending Lynn Devoir Adult Entertainment Task Force CITIZEN'S COMMENTS Macadam Road Improvements Mayor Van Dusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE DUFFIE; ED BAUCH; MABEL HARRIS, Council President; MARILYN STOKNES; JOAN HERNANDEZ; DENNIS ROBERTSON; and CLARENCE MORIWAKI. JOHN COLGROVE, City Attorney; LAWRENCE E. HARD, City Attor- ney; MAXINE ANDERSON, City Clerk; RON WALDNER, Police Chief; DON WILLIAMS, Parks /Recreation Director; ROSS EARNST, City Engineer; MOIRA CARR BRADSHAW, Associate Planner; STEVE ROBINSON, Assistant Police Chief. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT COUNCIL CONCUR WITH THE MAYOR'S REAPPOINTMENT OF JERRY HAMILTON TO POSITION NO. 1 ON THE PLANNING COMMISSION. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY BAUCH, THAT COUNCIL CONCUR WITH THE MAYOR'S RECOMMENDATION TO APPOINT ROSS EARNST TO THE POSITION OF PUBLIC WORKS DIRECTOR.* Council asked Mr. Earnst questions pertaining to the posi- tion. Mr. Earnst said he has four years employment with Tukwila in training for this job. It is challenging and is one of the best Public Works positions in the valley and maybe even in the State. MOTION CARRIED. TUKWILA CITY COUNCIL Regular Meeting M I N U T E S Tukwila City Hall Council Chambers Mayor Van Dusen issued an oath of office to Mr. Earnst. Mayor Van Dusen read a letter he had written to Lynn Devoir commending her on an award she had received from the Wash- ington Recreation and Parks Association recognizing her professional effort and talents. The organization presented her with the Young Professional Award. Mayor Van Dusen congratulated her and thanked her for helping to make Tukwila a better place to enjoy life. Mayor Van Dusen announced that he has appointed a Task Force on Adult Entertainment. George Hill and Bea Eaton have been appointed co- chairmen. The members of the citizen committee are John and Louise Strander, Joy Jones, Colleen Richards, Jeanette Krantz, and Dave Lundsford. He is hoping to add a member of the Chamber to the committee. Meeting scheduled George Hill, citizen, commented that the purpose of the for June 16 Committee is to regulate adult entertainment as to where it w i l l be allowed and how i t w i l l be regulated. They w i l l be researching cities who have successfully accomplished this, and contacting professionals for information. They have scheduled a public meeting for 7:00 p.m., June 16 in the Council Chambers. Dave Lundsford, Pastor of the Baptist Church on Macadam Road, said he generally appreciates what the Council does and is glad to see the Macadam Road project. He hopes that even- tually the improvement will be extended to include the street in front of the church. TUKWILA CITY COUNCIL, REGULAR MEETING June 6, 1988 Page 2 CONSENT AGENDA A. PUBLIC HEARINGS Adult Entertainment Establishment B. Approval of Minutes of May 2, 1988 and May 16, 1988. Current Fund City Street Arterial Street Fire Equip. Cum. Reserve Land Acq., Bldg., Dev. Facility Replacement Water Fund Sewer Fund Water /Sewer Construction Foster Golf Course Equipment Rental Firemen's Pension 139,150.16 32,913.64 17,356.78 0- 1.890.00 0- 22,550.12 2,433.75 0- 4,693.81 33,005.53 1,619.59 255,613.38 9„ Approval of Vouchers, Claims Fund Vouchers #35016- #35189 Budget Transfer C. Approve Budget Transfer Motion No. 88 -05 to appropriate Motion #88 -05 funds to provide emergency water supply to W.D. #25. Award construction contract to Green River Construction in the amount of $24,390. Budget Transfer D. Approve Budget Transfer Motion No.. 88 -06 for prepara- Motion #88 -06 tion of the Comprehensive Sewer and Water Plan updates. Authorize the Mayor to enter into an agreement with Horton Dennis Associates limited to $40,000. E. Authorize the Mayor to execute the labor agreement for the Supervisor Bargaining Unit for a three -year period, January 1, 1987 through December 31, 1989. MOVED BY DUFFIE, SECONDED BY STOKNES, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED, Jack Pace, Planning Department, explained that the City used two documents in compiling background in developing its recommendation on land use regulations for Adult Enter- tainment; one was the Attorney General's Commission on Porno- graphy, July 1986 and the other Regulating Sex Businesses from the Planning Advisory Service. He gave a presentation on the proposed ordinance. Mayor Van Dusen declared the Public Hearing open to receive comments from the citizens on this issue. Dwayne Traynor, 14910 58th Avenue South, commented that the first amendment does not give anyone the right to porno- graphic materials. He is opposed to any adult entertainment in this City whether it is sex- related movies, book stores or videos. Dave Lundsford lives at 14742 Macadam Road and is Pastor of the Baptist Church. This is a great first step. We should do what we can to keep this kind of thing away from our children so they won't become involved by accident. Often these businesses form a center for crime that goes on around them. He endorsed regulating this type of business to an area which is basically where adults tend to traffic. Gene Elfstrom, 5807 South 144th, has lived here since 1949 and was shocked when he saw the adult video business open on Interurban Avenue. We do not need it. Mildred Sarri, 13535 53rd Avenue South, commented that they have lived here since 1959 and have watched Highway 99 go downhill. This is what we will have to expect if we don't stop it. We used to let our grandchildren walk to 7 -11, we don't any more. We should get rid of this business as rapid- ly as possible. TUKWILA CITY COUNCIL, REGULAR MEETING June 6, 1988 Page 3 PUBLIC HEARING (continued) OLD BUSINESSES Ordinance #1465 establishing regulations for adult entertain- ment uses and to allow adult entertainment facilities in the M -2 District 0c) Laureen Barrick, 6206 South 153rd, explained that she is a Foster High School Graduate and has seen Dandy's move in on Highway 99. She worked at a restaurant on the highway and saw all the prostitutes walking the strip, and now we have this adult store across from the Riverside. She said she doesn't want this type of business around here. It is a shame these businesses are allowed here, it is hard to get rid of them. I don't want them around our schools. Nick Krantz, 5714 South 144th, thanked the Council for allow- ing time for this and for having a Task Force to look into this. It is good to study this thoroughly. This is the first step. he encouraged the Council to attend the meeting on June 16. It is important for us to know what we are deal- ing with. There being no further comments from the audience, Mayor Van Dusen closed the Public Hearing. MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read, "An Ordinance of the City of Tukwila, Washington, establishing regulations for adult entertainment uses, amending Section 18.06.825 of the Tukwila Municipal Code to define "Adult Entertainment Establishments adding a new subsection 18.42.020(7) to the Tukwila Municipal Code to allow adult entertainment facilities to locate in the M -2 (Heavy 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. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT ORDINANCE NUMBER 1465 BE ADOPTED AS READ.* Councilmember Moriwaki commented that the City needs tighter and more thorough review before we grant licenses to a busi- ness that might not fit the character or nature of the City. This ordinance, as presented, is good because it set forth land use provisions. He asked Council to consider changing the definitions of Adult Video Store, Adult Bookstore and Adult Retail Store to make the 10% threshold read 20% in order to protect businesses that are legitimate. MOVED BY MORIWAKI, SECONDED BY HARRIS, THAT SECTION I.A.2.a, I.A.6.a AND I.A.8.a OF THE PROPOSED ORDINANCE BE AMENDED TO READ 20 Council President Harris said she supported the amendment as she would rather have the ordinance be legal and not subject to a test trial on the 10 Attorney Colgrove said that 10% has been upheld in more than one case. 20% is less likely to be subject to challenge. The Planning Commission, after discussion, decided to recom- mend 10 Councilmember Hernandez said she prefers to leave it at the 10 Mayor Van Dusen also backed the 10 it can be defended. Councilmember Moriwaki does not want the City embroiled in expensive lawsuits and 20% is a safer level as it would pro- tect the mainstream stores. TUKWILA CITY COUNCIL, REGULAR MEETING June 6, 1988 Page 4 RECESS 8:50 p.m.- 9:10 p.m. Ordinance #1466 Comprehensive Land Use Policy Plan for the Fire District #1 study area C �l Councilmember Bauch spoke against the amendment. If the mainstream stores start carrying this stuff, they need to come under regulation. 10% is defensible. Councilmember Robertson commented that there are many good books that very few people would class as pornography; how- ever, in reading this ordinance they could be. We do not want to get into a situation where we are beginning to regu- late things that are really guaranteed by free speech. If we go to 20% there is enough room that we would still be able to regulate true adult entertainment without interfering with the rights of people to read and write material that is acceptable. A number of citizens from the audience spoke against this amendment. Councilmember Duffie said leave it at 10% and let the City Attorney defend us. MOTION FAILED. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT THE PROPOSED ORDINANCE BE AMENDED BY ADDING /OR" AFTER THE "AND" AT THE END OF SECTION I.A.2.a., I.A.6.a., and I.A.8.a. MOTION CARRIED. MOTION CARRIED, AS AMENDED. Council President Harris stated that she backed the 20% revi- sion to the ordinance to help prevent the City from becoming involved in a costly lawsuit such as the City of Renton went through to close their porno theater. She does not want this to happen in Tukwila; if possible, that store should be moved now. All pornographic material is unwanted. Councilmember Stoknes commented that she is cautious about lawsuits. She would like the Council to think before making decisions. We don't want to spend money on suits we are going to lose. Councilmember Robertson explained that he agrees with the position the Council President has taken. Often it is not our personal opinions that matter. We have to strive for the middle of the road, have to ask questions, and have to be conservative. A government that governs at least carefully governs best. It is not always the most popular opinion that a Councilmember takes Councilmember Moriwaki said he appreciated what Councilmember Robertson said. We are a rich city, but not that rich. He hopes we never reach the point of having to decide between defending the City or cutting some of our programs. We are responsible for the City's money and want to take the strong- est positions possible. We want to take the best defensible position. This is a serious concern. We are here to repre- sent all interests and protect all interests. Mayor Van Dusen declared a 10- minute break. The meeting was called back to order. MOVED BY DUFFIE, SECONDED BY BAUCH, THAT THE PROPOSED ORDIN- ANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read, "An Ordinance of the City of Tukwila, Washington, enacted pursuant to RCW 35A.14.330, repealing Ordinances 1118 and 1138, adopting a Comprehensive Land Use Policy Plan and Plan Map for the area described lying outside of the City of Tukwila and known as Fire District No. 1 Study Area, and providing that said area shall become subject to said Comprehensive Land Use Policy Plan and Plan Map upon annexation to the City of Tukwila." TUKWILA CITY COUNCIL, REGULAR MEETING June 6, 1988 Page 5 OLD BUSINESS (continued) Ordinance #1467 adopting zoning regulations, adopting zoning map and amending the Tukwila Zoning Code to provide for the Fire District #1 study area King County proposed park and open space bond issue MOVED BY HARRIS, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1466 BE ADOPTED AS READ. MOVED BY MORIWAKI, SECONDED BY HARRIS, THAT THE AREA LYING EAST OF 68TH AVENUE SOUTH AND SOUTH OF THE HIGH- DENSITY RESI- DENTIAL AREA BE DESIGNATED LIGHT INDUSTRIAL. MOTION CARRIED. MOTION CARRIED, as amended. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED ORDIN- ANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read, "An Ordinance of the City of Tukwila pursuant to RCW 35A.14.330 adopting zoning regulations, adopting zoning map, and amending the Tukwila Zoning Code to provide for the area described as Fire District No. 1 Study Area and providing that said area shall become subject to said zoning regulations upon annexation to the City of Tukwila." MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT ORDINANCE NUMBER 1467 BE ADOPTED AS READ. MOVED BY MORIWAKI, SECONDED BY HARRIS, THAT THE ORDINANCE BE AMENDED BY DELETING SECTION E ON PAGE 2, BUILDING HEIGHT UP TO SIXTY -FIVE FEET PERMITTED OUTRIGHT. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY HARRIS, THAT THE AREA EAST OF 68TH AVENUE SOUTH AND SOUTH OF THE HIGH DENSITY RESIDENTIAL AREA BE ZONED C -M (LIGHT INDUSTRIAL). Anita West, representing Gary Merlino Construction and Stone way Concrete, said that she does not understand why the Council is not considering the M -2 to allow a concrete batch plant. Councilmember Robertson explained that the M -2 zone is not an appropriate neighbor to the adjacent development that the City of Renton is now planning. Also, this site is very visible from the valley. Anita West protested the change in zoning on the Black River Quarry site, because it is blocking them out from their proposed development. They have an irrevocable purchase agreement on this property. MOTION CARRIED. MOTION CARRIED, as amended. Mayor Van Dusen and the Council expressed concern about the amount of the proposed bond issue. Within the $85.5 million package is about $20 million for suburban cities, $30 million for Seattle (including the Seattle Aquarium) and $35 million for unincorporated King County. Tukwila submitted three projects for funding for a total of $1,130,000. Councilmember Bauch commented that the sizable amount for the aquarium without resolving some of the issues makes a flaw on the bond issue and the Council should go on record as opposing it. Councilmember Moriwaki said the strongest case is the in- equity in what we would have to pay in taxes and the amount we would receive. MOVED BY BAUCH, SECONDED BY HARRIS, THAT THE CITY COUNCIL OPPOSE THE BOND ISSUE AS IT IS NOW PROPOSED. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING June 6, 1988 Page 6 NEW BUSINESS Agreement with Mr. Mrs. Carl Bergstrom Authorize the Mayor to sign contract for services with the Tukwila/ Sea -Tac Chamber Review and approve final version of the C.I.P. policies Ordinance #1468 bring Tukwila law into conformity with Federal regulations regarding sound emanating from aircraft in flight Ordinance #1469 to adopt by reference RCW 9A.36.041, "Simple Assault" ADJOURNMENT 10:40 p.m. (80/RM.6- 6.1 -3) Council President Harris withdrew the execution of the agree- ment with Mr. and Mrs. Carl Bergstrom as it is not ready. Attorney Hard explained the revisions made to the 1987 con- tract for execution for 1988. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, THAT THE COUNCIL AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT WITH THE CHAMBER, AS REVISED. MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY HARRIS, THAT THE COUNCIL ADOPT THE C.I.P. POLICIES AS SUBMITTED. Councilmember Hernandez noted that Policy 9, third sentence, "Building Replacement" should read "Facilities Replacement Councilmember Bauch did not agree with Policy 4. It is out of order. Any person who lives within five or six miles of the City of Tukwila has had a detriment done by the devel- opment. If we can work it into our budget, we should take care of the streets. In the past ten years we have done the street projects out of Current Fund. This pattern should continue as long as there are any residential streets in town to be fixed. Councilmember Hernandez explained that this paragraph was written to reflect the financial impact of future annexations on our City. It is going to have a staggering impact finan- cially. It needs to be clear that we cannot continue the policy we have had in the past. MOTION CARRIED, WITH BAUCH AND DUFFIE VOTING NO. MOVED BY DUFFIE, SECONDED BY STOKNES, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read, "An Ordinance of the City of Tukwila, Washington, amending Chapter 8.22 of the Tukwila Municipal Code to bring Tukwila law into conformity with Federal regu- lations regarding sounds emanating from aircraft in flight and amending Sections 8.22.130 and 8.22.150 of the Tukwila Municipal Code to remove an inconsistency." MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT ORDINANCE NUMBER 1468 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY HERNANDEZ, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read, "An Ordinance of the City of Tukwila, Washington, amending Section 8.30.010 of the Tukwila Munici- pal Code to delete the adopting by reference of RCW 9A.36.040 and adopting by reference RCW 9A.36.041, 'Simple Assault'." MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT ORDINANCE NUMBER 1469 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE REGULAR MEET- ING OF THE TUKWILA CIT COUNCIL AI.0 C, MOTION CARRIED. 0v' Gqiy L. Van Dusen, 7rayor Maxine /Anderson, City Clerk