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HomeMy WebLinkAbout1995-04-17 Regular MinutesApril 17, 1995 7:00 p.m. TUKWILA CITY COUNCIL REGULAR MEETING MINUTES CALL TO ORDER Mayor Rants called the Regular Meeting to order and led the audience in the Pledge of Allegiance. ROLL CALL OFFICIALS SPECIAL PRESENTATION Update on GMA, Countywide Ping. Policies, Vision 2020 Update on Suburban Cities Issues CITIZEN COMMENTS Tukwila City Hall Council Chambers JOE DUFFLE; JOAN HERNANDEZ; JOYCE CRAFT, Council President; STEVE MULLET; DENNIS ROBERTSON; ALLAN EKBERG; PAM CARTER.. JOHN McFARLAND, City Administrator; ROSS EARNST, Public Works Director; TED FREEMIRE, Public Works; DOUG MICHEAU, Public Works Coordinator; STEVE LANCASTER, DCD Director; JACK PACE, Senior Planner; ANN SIEGENTHALER, Associate Planner; RON WALDNER, Police Chief; JANE CANTU, City Clerk. Jim Reed, King County, Lori Pecktol, Puget Sound Regional Council, Nick Hawkins, Transportation Department, and Jack Pace, Dept. of Community Development, reported on the current status of the Growth Management Act, the Countywide Planning Policies, and Vision 2020. Lynda Ring, Suburban Cities Association, gave a brief update on public health service contracts, regional financing (SB5028), regional /local service providers, and the Metro King County merger. Art Berrington, 12244 45th Ave. S., commented he was unhappy with the number of apartments in the community and would like to see single family residences encouraged. There's too much effort towards business and not enough effort put toward homeowners, Berrington said. He added that anything done in Allentown has been done by necessity not by choice. Mayor Rants countered that no new apartments had been built in the City for the past 3 -1/2 years. Asked how the City could help Allentown residents other than with major utility replacements, Berrington suggested the City provide low interest loans for home improvements. Tukwila City Council Regular Meeting April 17, 1995 Page 2 CONSENT AGENDA BID AWARDS Duwamish /Green River Trail Project Tydico, Inc. PUBLIC HEARINGS Ord. #1731 Renewing a Moratorium on Adult Entertainment Establishments Public Comment Hearing closed a. Approval of Minutes: 3/20/95 b. Approval of Vouchers: Nos.77863 through 78151 in the amount of $1,026,344.75 c. Authorize Mayor to sign contract with Cascadia Consulting for business recycling services in 1995 MOVED BY HERNANDEZ, SECONDED BY DUFFIE, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY ROBERTSON, TO AWARD A CONTRACT TO TYDICO, INC., IN THE AMOUNT OF $359,000 (INCLUDING WSST) FOR THE DUWAMISH /GREEN RIVER TRAIL CONSTRUCTION PROJECT. MOTION CARRIED. Mayor Rants opened the hearing at 8:30 p.m. City Administrator John McFarland explained the City is requesting renewal of the ordinance that establishes a six -month moratorium on the filing of applications and the issuance of business licenses relating to adult entertainment establishments until the Comprehensive Plan is finally adopted. Anna Bernhard, 14241 59th So., urged Council to renew the moratorium until the final Comprehensive Plan is adopted. There being no further public comments, Mayor Rants closed the hearing at 8:32 p.m. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. John McFarland read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO LAND USE AND ZONING OF ADULT ENTERTAINMENT ESTABLISHMENTS, AND TO LICENSING OF ADULT ENTERTAINMENT ESTABLISHMENTS; RENEWING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, USE PERMITS AND BUILDING PERMITS FOR ADULT Tukwila City Council Regular Meeting April 17, 1995 Page 3 Public Hearing (con't) Ord. #1731 Renewing a Moratorium on Adult Entertainment Establishments Public Hearing: Ord. #1732 Granting a Non exclusive Franchise to MCI Metro Applicant Hearing closed ENTERTAINMENT ESTABLISHMENTS; ESTABLISHING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, BUSINESS AND OTHER LICENSES FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, TO ADOPT ORDINANCE NO.1731 AS READ. MOTION CARRIED. The hearing was declared open at 8:35 p.m. Doug Micheau, Public Works Coordinator, explained that MCIM is requesting a franchise in order to move into the telecommunications field. The proposed ordinance would cover three specific crossings in the City. MCIM, a wholly owned subsidiary of MCI, plans to use MCI's existing conduit to install fiber optic cable. The path for MCIM's main transmission runs basically north /south along Union Pacific Railroad right -of -way. It will cross City streets in three locations. Micheau said the only unresolved issue pertains to the term of the franchise. The City has proposed a three year contract; however, three "alternates" have been discussed. The applicant will address this issue. Mark Haygood, MCIM Franchise Specialist, noted that a term of three years is an extremely short time given the costs of building the proposed system. Haygood supports an alternative (see Alternate #2) which is a five year term with an automatic renewal of five year terms. There is a window of time (3 months) in which either side can indicate that they want to renegotiate the terms in the franchise. Robert Taylor, MCIM, submitted an additional proposal which would give the Public Works Director the ability to allow MCIM to extend the franchise area without the need to negotiate a whole new agreement. Taylor noted that MCIM favored a six month window (to renegotiate) rather than a three month window as proposed by the City. Mayor Rants declared the hearing closed at 8:48 p.m. Tukwila City Council Regular Meeting April 17, 1995 Page 4 Public Hearing (con't) Ord. #1732 Granting a Non- exclusive Franchise to MCI Metro Motion to Amend Ord.# 1732 Motion to Amend Ord.# 1732 MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1732 BE ADOPTED AS READ.* City Administrator John McFarland read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO MCI METRO ACCESS TRANSMISSION SERVICES, INC., A DELAWARE CORPORATION LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS TRANSMISSION LINE IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY. In support of MCIM's request for a franchise, Taylor explained that the proposed franchise would give MCIM the right to put their facilities in the public rights -of -way. The City, however, would have no right to regulate the type of services provided, how those services would be provided, or the rates charged for those services. Under state law a municipality's role in administering its rights -of- way is limited to the time, manner, and placement of those facilities within the public rights -of -way. MOVED BY ROBERTSON, SECONDED BY CARTER, THAT THE SECTION 3, SUBSECTION "C" OF ORDINANCE NO. 1732 BE AMENDED AS FOLLOWS: DELETE THE WORDS AND SHALL ALSO CONFORM TO THE STANDARD PLAN TYPICAL DETAILS PROVIDED AS EXHIBIT D IN THE LAST SENTENCE. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY CRAFI', TO AMEND SECTION 8 OF ORDINANCE NO. 1732 AS FOLLOWS: CHANGE THE TERM OF THE FRANCHISE FROM THREE TO FIVE YEARS IN THE FIRST PARAGRAPH: ADD ALTERNATIVE #2 TO SECTION 8 AS PARAGRAPH TWO. MOTION CARRIED. Tukwila City Council Regular Meeting April 17, 1995 Page 5 Public Hearing (con't) Ord. #1732 Recess 9:03 9:13 p.m. OLD BUSINESS Ord. #1733 Regarding Admissions Tax for Various Entertainment Establishments NEW BUSINESS Res. #1319 Setting Public Hearing for Vacation of a Portion of East Marginal Way So. (Applicant: P. Sandhu) Res. #1320 Rejecting All Bids for Lunchroom Repair at 600 Mindler Blvd. *MOTION CARRIED AS AMENDED 7 -0. ORDINANCE NO. 1732 IS ADOPTED. Mayor Rants called a 10 minute recess. The meeting was called back to order at 9:13 p.m. with Councilmembers present as listed above. MOVED BY HERNANDEZ, SECONDED BY DUFFLE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Linda Cohen read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REGARDING AN ADMISSIONS TAX FOR VARIOUS ENTERTAINMENT ACTIVITIES; REPEALING ORDINANCES NO. 1657 AND 1700; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1733 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Cohen read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF EAST MARGINAL WAY SOUTH LOCATED SOUTH OF BOEING ACCESS ROAD INTERSECTION. (Date set for May 8, 1995) MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO APPROVE RESOLUTION NO.1319 AS READ. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Tukwila City Council Regular Meeting April 17, 1995 Page 6 New Business (con't) Res. #1320 Rejecting All Bids for Lunchroom Improve- ments at 600 Minkler Blvd. Design Rpt for Street Improve- ments on 42nd Ave. S. Reid Middleton REPORTS Mayor Council Ibc) Attorney Cohen read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REJECTING ALL BIDS FOR THE CONSTRUCTION OF MINKLER SHOPS LUNCHROOM IMPROVEMENTS AT THE CITY MAINTENANCE FACILITY LOCATED AT 600 MINKLER BLVD., AS PROVIDED IN RCW 35.23.352. MOVED BY HERNANDEZ SECONDED BY EKBERG, THAT RESOLUTION NO. 1320 BE APPROVED AS READ.* Ted Freemire, Public Works Operations Mgr., clarified that the low bidder did not meet the specs on 18 items. *MOTION CARRIED. MOVED BY EKBERG, SECONDED BY DUFFIE, TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH REID MIDDLETON, INC., FOR A DESIGN REPORT FOR STREET IMPROVEMENTS ON 42ND AVE. S. FROM THE NORTH END OF THE BRIDGE OVER THE DUWAMISH RIVER TO S. 124TH STREET; ON S. 124TH STREET FROM 42ND AVE. S. TO 50TH PL. S. IN THE AMOUNT OF $51,271. MOTION CARRIED. Mayor Rants announced that 30 junk vehicles were removed from the City as a result of the City's cleanup campaign. Many more junk vehicles have been identified but have yet to be removed. Results of the recycling campaign show the following materials were collected: 51,000 lbs. scrap metal; 125,000 lbs. bulky waste scrap wood; 9,000 lbs. re- useable household goods; 1,000 gals. used motor oil; 752 used tires; 185 lead acid batteries; 252 used motor oil filters. Total: 107 tons of material. Cost of disposal of the materials was borne by King County (recycling funds). Councilmember Ekberg expressed his pride in the community for their participation in the citywide cleanup. Tukwila City Council Regular Meeting April 17, 1995 Page 7 ADJOURNMENT MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT 9:50 p.m. *Insertion made 4/24/96 as follows: New Business Res/ 1321 Rejecting Non- resposive Bid THE MEETING BY ADJOURNED. MOTION CARRIED. 2 W+ John S Rants, Mayor X _t PL C E. Cantu, City Clerk MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE PROPOSED RESOLTION BE READ BY TITLE ONLY. MOTION CARRIED. John McFarland read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REJECTING THE BID BY WESTERN EQUIPMENT DISTRIBUTORS, INC. FOR A SMALL UTILITY VEHICLE, AS PROVIDED IN RCW 35.23.352. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO APPROVE RESOLUTION NO. 1321 AS READ. MOTION CARRIED.