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Home My WebLink About1996-11-04 Regular MinutesCALL TO ORDER Mayor Rants called the Regular Meeting to order and led the audience in the Pledge of Allegiance. TUKWILA CITY COUNCIL November 4, 1996 Tukwila City Hall 7:00 p.m. Council Chambers REGULAR MEETING MINUTES ROLL CALL JOE DUFFLE; JOAN HERNANDEZ; PAM CARTER, Council President; STEVE MULLET; JIM HAGGERTON; PAM LINDER. Ekberg excused MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO EXCUSE COUNCILMEMBER EKBERG. MOTION CARRIED. OFFICIALS CITIZEN COMMENTS CONSENT AGENDA OLD BUSINESS Ord. #1776 Increasing Rate for Sewer Service JOHN McFARLAND, City Administrator; BOB NOE, Kenyon Law Firm; RON CAMERON, City Engineer; ALAN DOERSCHEL, Finance Director; LUCY LAUTERBACH, Council Analyst; JANE CANTU, City Clerk. None a. Approval of Minutes:10 /7/96 b. Approval of Vouchers: Nos. 88780 through 89051 in the amount of $2,677,384.09 c. Accept as complete the East Marginal Way water and sewer construction project with Coluccio Constr. Co.; authorize release of retainage. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED 6 -0 (Ekberg absent). MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Bob Noe read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE 1714, AS CODIFIED AT SECTION 14.16.030 OF THE TUKWILA MUNICIPAL CODE, RELATING TO CITY SEWER CHARGES BY CHANGING THE RATE FOR Tukwila City Council Regular Meeting November 4, 1996 Page 2 Old Business (con't) Ord. #1777 Establishing Water and Sewer Connection Fees Allentown and Ryan Hill Areas SEWER SERVICE, PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT ORDINANCE NO. 1776 BE ADOPTED AS READ.* Councilmember Mullet noted there were no comments offered at the public hearing on this issue. The ordinance increases the rate charged for sewer service by $1.00. *MOTION CARRIED 6 -0. MOVED BY HAGGERTON, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Noe read AN ORDINANCE ESTABLISHING WATER CONNECTION FEES FOR ALLENTOWN AND RYAN HILL, SEWER CONNECTION FEES FOR ALLENTOWN PHASE I; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HAGGERTON, SECONDED BY MULLET, THAT ORDINANCE NO. 1777 BE ADOPTED AS READ.* MOVED BY HERNANDEZ, SECONDED BY CARTER, TO AMEND SECTION B TO ADD THE WORDS AT NO CHARGE TO THE CITY OR THE PROPERTY OWNERS TO THE END OF THE FIRST SENTENCE.** Councilmember Duffie opposed the amendment stating the Metro mitigation should have been shared equally among all homeowners in the area. *MOTION CARRIED 5 -1 (Duffie dissenting) Councilmember Hernandez explained that the action has already been taken and the amendment only clarifies that the mitigation action along 43rd/44th was at no charge to the City or the property owners. Tukwila City Council Regular Meeting November 4, 1996 Page 3 Old Business (con't) Councilmember Duffie added that he feels the connection charges are too high even with the longer repayment schedule. He restated his opposition to the ordinance. *MOTION CARRIED 5 -1 (Duffie dissenting) Ord. #1778 Creating TMC 5.10; MOVED BY DUFFIE, SECONDED BY LINDER, THAT THE Regulating Adult Cabarets PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT ORDINANCE NO. 1778 BE ADOPTED AS READ.* 1) Attorney Bob Noe read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CREATING A NEW TUKWILA MUNICIPAL CODE CH. 510, REGULATING ADULT CABARETS, INCLUDING LICENSE REQUIREMENTS, INTERIOR CONFIGURATION REQUIREMENTS, AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Mayor Rants gave a brief history of adult entertainment cabarets in Tukwila. Rants shared that reports from the Tukwila Police Department indicated that criminal activity that had begun in an adult entertainment club in the City continued to exist while the establishment was licensed under cabaret regulations. The Kenyon firm, having written the adult entertainment cabaret ordinance and successfully defended it in superior court, was asked to adapt the adult entertainment cabaret ordinance to cabarets in the City. Councilmember Hernandez said she was surprised to learn that owners and managers had not complied with the regulations the City previously adopted. She recommended adoption of the proposed ordinance. Councilmember Mullet clarified that the adult entertainment ordinance ordinance was aimed at the type of behavior that resulted from the activities that took place inside the nude dance club not the nudity itself. The adult entertainment cabaret ordinance was designed to eliminate the situations that allowed prostitution, knifings, killings, and other illegal activities to occur. Haggerton noted that a change in the name of a club, a 6 Tukwila City Council Regular Meeting November 4, 1996 Page 4 Old Business (con't) NEW BUSINESS Res. #1364 Cancellation of Past Due Accounts Receivable and Bad Checks REPORTS Council change in the type of activity performed on stage cannot be used as an excuse to ignore other pertinent City regulations Councilmember Haggerton emphasized that the clubs and the dancers should be made to adhere to licensing requirements and City regulations the same as any other business in the City. Councilmember Duffie praised the City for its perseverence in regulating these types of businesses. *MOTION CARRIED 6 -0. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Attorney Noe read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE CANCELLATION OF PAST DUE ACCOUNT RECEIVABLES AND RETURNED CHECK WRITE -OFFS. MOVED BY HERNANDEZ, SECONDED BY MULLET, THAT RESOLUTION NO. 1364 BE APPROVED AS READ. MOTION CARRIED 6 -0. Third Quarter Reports were reviewed by Council. Councilmember Duffie reported on the many questions they fielded at the Transportation Committee meeting regarding the Allentown /S. 122nd ditch. The committee agreed that as soon as they were able to gather all the facts on this issue, they would hold another meeting with Allentown residents to address their concerns. Duffie emphasized that each and every question would be answered. Council President Carter praised Councilmember Mullet for his role in the dedication of the remodeled Cascade View Elementary School. Councilmember Mullet announced that the Showalter remodel dedication is scheduled for November 17th. Mullet reported he attended the Duwamish Corridor meeting earlier today. Of interest to Tukwila is the possibility of getting Tukwila City Council Regular Meeting November 4, 1996 Page 5 Renorts (con't) Council Staff some help with the Boeing Access Road bridge, a north access or some solution to the Burlington Northern yard problem in Allentown, a northbound entrance off of MLKing Way onto the freeway; a southbound exit off the freeway to the east side of the freeway; and possibly bridges over the railroad tracks or grade separations at Strander Blvd., and /or S. 180th. Councilmember Haggerton reported on the October 24th Economic Advisory Board meeting. Deborah Coates from the Seattle /King County Economic Development Council attended and asked for suggestions on what her organization could do to help Tukwila. Coates was very pleased with the efforts Tukwila is making on the Pacific Highway corridor within the Tukwila city limits. Haggerton reported he also attended a Core Planning Team meeting for the South Central School District on October 26th. The day long session dealt with a five year planning process covering all facets of the school district operations including facilities, agendas, budgets, etc. It will be developed into a planning guideline book with the help and coordination of an independent group called the Washington State School Directors. Councilmember Linder thanked Dave and Sarah Fenton for allowing the Highway 99 Action Committee group to hold their meeting at the Samara II on Tuesday, November 12th. John McFarland, City Administrator, reported on the status of the Ball Apartments. McFarland announced that Mr. Ball has been directed to tear down the 5 -plex apartment due to the condition of the building, structural problems, the code violations, and criminal activities associated with the building. The court has also ordered the other building on the site be either brought up to code or demolished. Mr. Ball is appealing this action to the Court of Appeals and the City is awaiting a trial date. Bob Noe, the Kenyon Law Firm, P.S., gave a brief update on the status of the Suncrest Apartments. Noe reported the Court issued an abatement order in July that required the closure of 17 units. Police response at this location indicates that criminal activities at the apartments still exist. The City and Mr. Kim, the Suncrest owner, have reached a tentative agreement about what needs to be done at the apartment building. The City has indicated it will go to court and seek total Tukwila City Council Regular Meeting November 4, 1996 Page 6 Renorts (con't) ADJOURNMENT 7:55 p.m. closure of the building unless something can be done regarding criminal activity. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. W. Rants, Mayor r/e E. Cantu, City Clerk