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HomeMy WebLinkAbout1980-03-17 Regular MinutesTUKWILA CITY COUNCIL March 17, 1980 Tukwila City Hall 7:00 P.M. Council Chambers FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL APPOINTMENTS Tukwila Park Commission Civil Service Commission Re- discussed on Page 12 c7/0 Regular Meeting M I N U T E S Mayor Todd, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, GEORGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, DANIEL J. SAUL, Council President, GARY L. VAN DUSEN. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT COUNCIL MEMBER HARRIS BE EXCUSED FROM THE MEETING. MOTION CARRIED. LAWRENCE E. HARD, City Attorney; JOHN MCFARLAND, Administrative Assistant; MAXINE ANDERSON, City Clerk; AL PIEPER, Building Official; TED UOMOTO, Public Works Director. MOVED BY SAUL, SECONDED BY HILL, THAT THE MINUTES OF THE REGULAR MEETING OF MARCH 3, 1980, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY JOHANSON, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Fund Vouchers #5799 #5970 Current Fund Golf Crse. Spec. Rev. Street Fund Federal Shared Rev. Land Acq, Bldg, Dev. Foster Golf Acq. Water Fund Sewer Fund Firemen's Pension 5799 -5897 5898- 5899 -5923 5924 -5925 5926 -5928 5930- 5931 -5945 5946 -5962 5963 -5970 49,214.52 2,211.50 52,881.22 11,225.82 1,941.23 42.96 4,331.10 15,462.34 491.66 $137,802.35 LID 28 C 23 2,512.29 Special Funding -No Rev.Warrant LID 29 C 20 $10,457.76 Revenue Warrant #12 Positions #1 and #5 on the Tukwila Park Commission expire March 31, 1980. Mayor Todd is recommending that Mr. Wayne Nelson and Mrs. Donna Segale be reappointed to their respective positions. The positions expire March 31, 1983. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL APPROVE THE REAPPOINTMENTS TO POSITIONS #1 AND #5 ON THE PARK COMMISSION. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL CONCUR WITH THE REAPPOINTMENT OF STEVEN PHELPS TO POSITION #1 ON THE CIVIL SERVICE COMMISSION.* Mr. Ed Bauch, 16603 53rd Ave. So., said he felt there is a serious problem with the Appearance of Fairness Doctrine if Mr. Phelps is appointed to the Civil Service Commission. Mr. Phelps has done an outstanding job on the commission for the past four years, but the City is putting its position in jeopardy. There is the possibility of a lawsuit on a quasi judicial board if one of the members is the spouse of a City Councilman who has jurisdiction in these cases. *MOVED BY HILL, SECONDED BY SAUL, THAT THIS APPOINTMENT BE TABLED TO GET A LEGAL OPINION FROM THE CITY ATTORNEY. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING March 17, 1980 Page 2 PUBLIC HEARINGS Revised Six -Year Transportation Improvement Plan Transportation Improvement Plan CITIZEN'S COMMENTS Dog Control 7// Mr. Phil Fraser, Public Works Department, explained that review of the Six -Year Transportation Improvement Plan adopted July 2, 1979, showed some traffic needs and programs that were identified in the Entranco study, were not in the six -year plan. The need to provide better regional access in and out of Tukwila, improve the traffic flow and reduct congestion is recognized as the highest priority for program needs for the City at this time. The six -year plan is an important document when the City approaches the funding sources. Entranco Engineers have reviewed the six -year program and have added 9 new projects. Mr. Fraser briefly reviewed the new items. Mayor Todd declared the Public Hearing on the Revised Six Year Transportation Improvement Plan open for audience comments. Councilman Bohrer asked Mr. Terry Gibson of Entranco Engineers about Item #6, Chartwell West Extension and was told this proposed street lies south of Strander Boulevard and will be added to the city system. He asked if Item #7, Minkler East Extension would be extended into Renton and was told there is no plan to extend it east. He asked about providing the right turn lane in Item #24 and was told it would be an exclusive right turn lane from SR 181 on to Strander Boulevard. Council- man Bohrer further asked if the study included only automobile traffic. Mr. Gibson said that primarily they looked at the general purpose vehicle. Their recommendations for bicycles was limited to providing a signed route. Mr. Ed Bauch said that the six -year plan is the goals and aspirations of the City as far as the local streets. Based on the President wanting to reduce funding sources, Mr. Bauch said it bothers him to find the pedestrian bridge on the 1st year. This will tie up $34,000 of city funds when the residential street program has been moved to the 3rd year. This needs to be moved out of that priority. On Items #36 and #37, the residents have petitioned asking the City not to redo their streets and they are still on the six -year plan. On Item #45 there should be an asterisk added because one -half the street is undeveloped property and should be developed under an LID. Item #46 is the same; it should be done under an LID. The same with 52. The City has to start looking at the streets in McMicken Heights. It is time to shift to the other side of town. There being no further comments, Mayor Todd closed the Public Hearing. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE SIX -YEAR TRANS- PORTATION PLAN BE PLACED IN THE PUBLIC WORKS COMMITTEE. MOTION CARRIED. Councilman Bohrer noted that Council has not heard the final report on the Entranco Study. MOVED BY BOHRER, SECONDED BY SAUL, THAT A PRESENTATION ON THE ENTRANCO STUDY BE ON THE AGENDA FOR THE NEXT COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. Councilman Van Dusen noted that the City has received a number of complaints on large dogs running in packs. The Public Safety Committee decided to hear citizen comments on the subject of dog control. TUKWILA CITY COUNCIL, REGULAR MEETING March 17, 1980 Page 3 CITIZEN'S COMMENTS Dog Control (cont.) Citizen Complaint cont. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Proclamation: Youth Law Week John McFarland, Administrative Assistant, read a Proclamation signed by Mayor Todd declaring the week of March 24th as Youth and Law Week. Mr. Mike Dixon, 5702 South 144th, spoke in favor of dog control. He has had problems from messes on the lawn,to his small children being frightened. Recently it has become more of a problem. There are more dogs, there are larger dogs and they are running more freely throughout the area. He expressed concern over small children going to and from school. Mrs. Bobby Zepp, 5637 South 149th, said she would like to see dog control. On her street the dog problem is terrible. There are 5 or 6 big dogs that roam the street. They make messes on the lawn and there are dogs that are mean. They have frightened children visiting her home. Councilman Saul said he jogs on the streets and has been bitten twice. One of the dogs is still roaming the streets. Mr. Ron Mettler commented on the cars parked along both sides of 56th Ave. South, south of the church. At times the road is nearly impassible. There are many dogs and children running back and forth across the street from between the parked cars. This is really creating a traffic hazard. He asked Council what their intent is for 56th? Is one -way or limited parking being discussed? Mrs. Regel, 56th Ave. South, said the dogs are making a play- ground of her lot. They are huge animals. She is for dog control. Mr. Ed Bauch said that dog control in our city is difficult because of the way the County Ordinance is written. In two areas of the County, they have enacted a temporary urban animal control. This means that the dog has to be restrained to the owner's property or on a leash. He recommended that the city council adopt the urban area animal control. Mr. Charles Wetzler, 56th Ave. South, agreed that some type of dog control is in order. If we have a control, why would it be necessary to have a dog license? He said he is more concerned about children being hit by cars on his street than bitten by dogs. If you pass a control, how can it be enforced? Mayor Todd noted that the license fee will pay Animal Control for picking up dogs. The owner has to pay to get the animal back. Councilman Hill said it bothers him that the big dogs are running in packs. Councilman Johanson asked if they are discussing animal control or just dog control. Mr. Glen Anderson said he is in favor of dog control as long as it is enforced throughout the whole city. Mr. Dixon said the dog packs are getting larger every day. One dog isn't near as bad as 4 or 5. Mrs. Regel said she has seen school children in the street frightened by dogs. Mrs. Zepp said she has a neighbor that needs to walk for her health but the dogs bother her. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THIS ITEM BE PUT BACK IN THE PUBLIC SAFETY COMMITTEE. MOTION CARRIED. Mrs. Regel noted that cars can be impounded if they are parked on the street longer than 48 hours. There are two cars on South 144th that have been there for weeks. TUKWILA CITY COUNCIL, REGULAR MEETING March 17, 1980 Page 4 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Application requested by A. O'Dell (14040 Interurban Ave.) Criteria #1 Criteria #2 Criteria #3 Waiver application submitted by Aden M. O'Dell to use the property at 14040 Interurban Avenue South for manufacturing and retail sale of candy, warehousing and business office. A waiver approval is necessary because the proposed land use includes a manufacturing activity in an area limited by the Comprehensive Plan as Commercial uses and also, the site has direct frontage on the Duwamish River and is designated "environmentally sensitive" on the city's environmental base map. Mayor Todd read Criteria #1: Does the proposed action represent a unique condition? MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA #1.* Councilman Bohrer noted that the application says it is unique but he doesn't feel it is as there is considerable property in that area designated Commercial by the Comprehensive Plan. It is subject to the same conditions as this particular property. ROLL CALL VOTE: HILL VAN DUSEN SAUL BOHRER JOHANSON PHELPS *MOTION FAILED. NOT APPLICABLE YES NO NO NO NO Mayor Todd read Criteria #2: cant in scale? MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA #2.* ROLL CALL VOTE: PHELPS NO JOHANSON NO BOHRER YES SAUL NO VAN DUSEN NO HILL NO *MOTION FAILED. Mayor Todd read Criteria #3: Has the applicant shown that no reasonable alternatives are available which would not require a waiver? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #3.* Councilman Bohrer said since the area is designated commercial, a total commercial use would be a condition exempt from the requirement of the waiver. There are two reasons for the waiver: (1)river bank, (2) request for manufacturing use. ROLL CALL VOTE: JOHANSON BOHRER SAUL VAN DUSEN HILL PHELPS *MOTION FAILED. NO NO NO NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE Is the proposed action signif- a7/3 TUKWILA CITY COUNCIL, REGULAR MEETING March 17, 1980 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS cont. Waiver Application requested by A. O'Dell (14040 Interurban Ave.) (cont) Criteria #4 Criteria #5 Criteria #6 Mayor Todd read Criteria #4: If the request for waiver involves building, grading, clearing, excavation, or filling in a geographical area generally identified by the environmental base map as an area of high natural amenity or development constraint are sufficient mitigating measures provided? MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA #4.* Councilman Bohrer noted that the applicant answers "Not Applicable" but he indicates he intends to make changes to the buildings, and building is one of the criteria. In his mind it clearly is applicable. ROLL CALL VOTE: BOHRER SAUL VAN DUSEN HILL PHELPS JOHANSON *MOTION CARRIED. Mayor Todd read Criteria #5: Is the request for waiver con- sistent with the goals and policies of the comprehensive land use policy plan? MOVED BY SAUL, SECONDED BY PHELPS, THAT COUNCIL VOTE YES ON CRITERIA #5.* ROLL CALL VOTE: SAUL VAN DUSEN HILL PHELPS JOHANSON BOHRER *MOTION CARRIED. *MOTION FAILED. NO YES YES, even though it is a remodel, Council will put mitigating measures that will solve the problems. NOT APPLICABLE NOT APPLICABLE YES, because Mr. O'Dell said the building closest to the river will not be remodeled and, at a later date, it will possibly be torn down. YES, it is consistent with the Land Use Policy Plan. YES YES YES YES NO, for a number of reasons. The buildings on the particular site in question are located on the south property line so there is no set- back from the neighboring properties. The current buildings on the site are far below the standard that is maintained in the rest of the city. The application does not indicate that the unsightly character of the building is going to change. Also, part of the building is within eight feet of the river bank and this is not in conformance with any number of policies in the Comprehensive Plan. Mayor Todd read Criteria #6: Do the requirements of this waiver ordinance impose a special hardship to this site? MOVED BY SAUL, SECONDED BY PHELPS, THAT COUNCIL VOTE YES ON CRITERIA #6.* ROLL CALL VOTE: VAN DUSEN YES, this ordinance puts a hardship on any site. HILL YES PHELPS YES JOHANSON NO BOHRER NO, the hardship is the same on any site that has a conflict so it is not a special hardship for this area. SAUL NO TUKWILA CITY COUNCIL, REGULAR MEETING March 17, 1980 Page 6 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Application requested by A. O'Dell (14040 Interurban Ave.) (cont) Criteria #7 RECESS: 8:25 P.M.- 8:30 P.M. Mayor Todd read Criteria #7: Would a grant of the waiver necessitate a major policy commitment prior to the adoption of the new zoning ordinance and map? MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA #7.* Councilman Bohrer said if Council is commitment made on the Comprehensive and allow manufacturing in the area, commitment. ROLL CALL VOTE: HILL PHELPS JOHANSON BOHRER SAUL VAN DUSEN *MOTION FAILED. Councilman Bohrer reminded Council they are voting first on the preliminary waiver as submitted. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL APPROVE THE WAIVER APPLICATION AS SUBMITTED.* ROLL CALL VOTE: HILL VAN DUSEN SAUL BOHRER JOHANSON PHELPS *MOTION FAILED. NO NO YES YES NO NO NO NO NO NO NO NO going to Land Use it seems change the Policy Plan like a major MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE PRELIMINARY WAIVER BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. PROHIBITION OF OUTDOOR STORAGE OF FUELS OR MANUFACTURING RAW MATERIALS WITHIN THE RIVER HIGH IMPACT ZONE ESTABLISH- ED BY THE TUKWILA SHORELINE MASTER PLAN. 2. PROHIBITION OF VEHICLE MANEUVERING OR LONG -TERM PARKING WITHIN 25' OF THE RIVER MEAN HIGH WATER LEVEL. 3. IF ANY SUBSTANTIAL OPEN PORTION OF THE SITE IS COVERED WITH IMPERVIOUS PAVING MATERIAL, OIL SEPARATORS SHOULD BE INSTALLED AS PART OF THE DRAINAGE SYSTEM SERVING THAT PAVED AREA.* Councilman Hill asked if one wall of the storage area is common to the Riverside and was told that it is. The storage area is 8 feet from the river to the south but gets wider as it goes to the north. He suggested either removal of the storage shed or, at least, allowing no substantial remodeling. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT COUNCIL RECESS FOR FIVE MINUTES TO CONSIDER THIS FURTHER. MOTION CARRIED. Mayor Todd called the regular meeting back to order with Council Members present as previously reported. Attorney Hard noted that the applicant will have to go through the process to get a Substantial Development Permit as required by the Shoreline Management Act. At the time this matter is TUKWILA CITY COUNCIL, REGULAR MEETING March 17, 1980 Page 7 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Application requested by A. O'Dell (14040 Interurban Ave.) (cont) considered for the Substantial Development Permit all conditions to do with the buildings should be considered. Conditions such as this should be made a part of this permit, not as a condition of the waiver. MOVED BY BOHRER, SECONDED BY SAUL, THAT CONDITION #4 BE ADDED- NO MANUFACTURING USES BE PERMITTED ON THE PROPERTY. Councilman Johanson asked if making candy is manufacturing. Councilman Bohrer said that Council went through a considerable process to arrive at a Comprehensive Plan that calls for no manufacturing in the area. This is all Commercial. If we begin to allow manufacturing, where do we stop? Attorney Hard said the waiver process is not the right place to consider that condition. All this does is allow them to apply for a building permit. Councilman Johanson asked if the waiver process isn't a good approach in regard to special requirements? Attorney Hard explained that it is, but the process was designed to be a temporary measure. The longer we have before the adoption of the Zoning Ordinance, the more problems we are faced with. An application such as this is only the first step. Chris Crumbaugh, audience, reminded Council that the concern, at the beginning of the waiver process, was for areas that were environmentally sensitive. The waiver process was adopted to look at each case individually. The Comprehensive Plan is not an operating document, it is a guide for adopting zoning laws. ROLL CALL VOTE: PHELPS NO JOHANSON NO BOHRER YES SAUL NO VAN DUSEN NO HILL NO *MOTION FAILED. Councilman Johanson said it seems to him that this process does allow "special considerations" and it can be done without setting precedents. Attorney Hard said each application must be considered on its own and Council must look at only the facts set forth in this application. Chris Crumbaugh noted that zoning is what all of the property in town is developed by but for the ordinance requiring a waiver. This is your zoning control. It is only precedent setting if somebody sees a trend or doesn't see a trend in the Council decisions. ROLL CALL VOTE: HILL YES VAN DUSEN YES, for several reasons: (1) It is presently zoned M -1; (2) It is a small type of development which is not precedent setting; (3) The develop- ment is clean environmentally; (4) A piece of property, identified as a "sore spot" is being upgraded; (5) It follows the policies of the Comprehensive Plan; (6) Council cannot always separate Commercial and Manufacturing because somewhere there is a gray area. SAUL YES BOHRER NO, (1) The development intrudes on an environ- mentally sensitive area; (2) The policy of allowing manufacturing in an area designated by the Comprehensive Land Use Policy Plan as Commercial is counter to the Plan; (3) A candy TUKWILA CITY COUNCIL, REGULAR MEETING March 17, 1980 Page 8 PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS Cont. Waiver Application requested by A. O'Dell (14040 Interurban Ave.) (cont) Receipt of Notice of Suit: Pargas vs. City of Tukwila Claim for Damages: Larry Masseth Claim for Damages: Gary A. Nilsen Amend Agenda OLD BUSINESS Budget Transfer Motion No. 80 -7 NEW BUSINESS shop is better than a concrete manufacturing shop, but the quality of the development, as it is currently proposed, is far lower than the standards maintained elsewhere in the City. JOHANSON NO PHELPS YES, I don't think it is inconsistent with the Comprehensive Land Use Goals. *MOTION CARRIED. Mr. Aden O'Dell expressed his appreciation for the vote of the Council. Mayor Todd noted, for the record, receipt of Notice of Suit No. 67013, Pargas of Seattle, Inc. -vs- City of Tukwila. John McFarland reported that it has been referred to the Insurance Carrier. Mr. McFarland reported that a claim for damages was filed by Larry Masseth. The claim resulted from damage incurred to Mr. Masseth's vehicle while parked on 65th Avenue South during the January snow. Mr. Masseth alleges that his vehicle was struck by a city operated snow plow. There were no witnesses. The Public Works Department disputes Mr. Masseth's findings. Mr. McFarland recommended the claim be denied. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE CLAIM FOR DAMAGES FILED BY MR. LARRY MASSETH BE DENIED. MOTION CARRIED. Mr. McFarland reported that a Claim for Damages was filed by Mr. Gary A. Nilsen as the result of a backing accident involving a City of Tukwila Maintenance vehicle. An accident report filed by the vehicle operator substantiated Mr. Nilsen's claim. He recommended the claim be approved in the amount of $134.25. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE CLAIM FOR DAMAGES IN THE AMOUNT OF $134.25 BE APPROVED. MOTION CARRIED. MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE AGENDA BE AMENDED TO INCLUDE ITEM 8E. MOTION CARRIED. Mr. McFarland read a letter from Mayor Akira Sogabe of Ikawa- cho, Japan. Mayor Sogabe expressed pleasure in having a friendly Sister City 5,000 miles beyond the sea. He thanked the Tukwila citizens for the cordial welcome extended his entourage last November and said he is looking forward to welcoming Tukwila citizens to Ikawa -cho. MOVED BY PHELPS, SECONDED BY VAN DUSEN, THAT COUNCIL APPROVE BUDGET TRANSFER MOTION NUMBER 80 --7.* Transfer necessary to allow for credit for prior experience and education for Mark Caughey, Planning Assistant. Mr. McFarland explained the past experience and education and how the longevity credits were figured. *MOTION CARRIED. Tow Truck Rates MOVED BY SAUL, SECONDED BY VAN DUSEN THAT THE TOW TRUCK RATES BE NOTED AND APPROVED. MOTION CARRIED. a 7/7 TUKWILA CITY COUNCIL, REGULAR MEETING March 17, 1980 Page 9 ORDINANCES Ordinance #1148 Authorizing a Sewer Fund Contri- bution to repay ineligible EPA /DOE Grant Costs Ordinance #1149 Relating to non- conforming signs MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT ORDINANCE NO. 1148 BE ADOPTED AS READ.* MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE ORDINANCE BE AMENDED TO HAVE THE FOURTH WHEREAS READ AS FOLLOWS: WHEREAS, A RESIDUAL OF $9,917 REMAINS IN THE WATER /SEWER CONSTRUCTION FUND APPLICABLE FOR SUCH REFUND, AND. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THE ORDINANCE BE AMENDED TO CHANGE THE WORD "CONTRIBUTE" TO "EXPEDITE" IN THE LAST WHEREAS. MOTION CARRIED. MOVED BY SAUL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance amending the 1980 budget as adopted by Ordinance #1139 and authorizing a sewer fund contribution to various sewer projects and sewer related local improvement districts (LID'S) in order to repay ineligible EPA /DOE Grant Costs. Councilman Phelps explained that the projects approved under this grant are completed and the books have been audited. There were some audit exceptions that were not allowed and the City is being asked to refund the money. Councilman Bohrer noted that between the time the projects were started and the time the audit was conducted, the criteria they used for allow- able charges changed. He noted that URS has said they will pay some $1,489 in engineering charges that were not allowed. The Mayor is directed to seek reimbursement from one of the developers for $658. The LID will pay for the remainder. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THE ORDINANCE BE AMENDED BY ADDING THE FOLLOWING WHEREAS: WHEREAS, THE CRITERIA FOR ESTABLISHING ELIGIBLE COSTS APPLICABLE TO THE LID HAS CHANGED FROM THE TIME OF CON- STRUCTION TO THE TIME OF AUDIT AND THE AUDIT MUST BE CONDUCTED ACCORDING TO THE CURRENT CRITERIA. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT THE ORDINANCE BE AMENDED BY DELETING "AND 7" FROM SECTION 3. MOTION CARRIED. *MOTION CARRIED, ORDINANCE NO. 1148 ADOPTED AS AMENDED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ. MOTION CARRIED. Mayor Todd noted that the proposed amendment relieves the responsibility of enforcing the Sign Ordinance for one additional year. City Attorney Hard read, in its entirety, an ordinance of the City of Tukwila, Washington, relating to non conforming signs and amending Ordinance #773 Section 010 (3). MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT ORDINANCE NO. 1149 BE ADOPTED AS READ.* Councilman Bohrer said he is concerned about those businesses that are in compliance with the Sign Code and whether they are being adversely impacted in competition by the current violators of the Code. In reviewing the list of violators, they range TUKWILA CITY COUNCIL, REGULAR MEETING March 17, 1980 Page 10 Ordinance #1149 Relating to non- conforming signs (cont) Ordinance #1150 Relating to the composition of membership of the Tukwila Planning Commission from small corporations to some of the largest in the City. These violators have had seven years to amortize the cost of their signs. The economic impact on these businesses should be quite small. Councilman Bohrer recommended that the period not be extended but that Council request the Building Official to come back with some simple changes to make many of the non- conforming signs conform. Then, the City could continue to proceed with the flagrant violators and have time to proceed with the revisions to the Sign Code. Mayor Todd commented that the City receives $1,800,000 in retail sales tax, and without a sign the retail business cannot survive. Al Pieper, Building Official, said the problem of enforcement comes after a citation is issued. There is no variance procedure for people with non conforming signs to follow. The purpose of the year's extension is to allow time to revise the Sign Ordinance to make it enforceable. Mr. Wetzler, audience, commented that Council needs to take into consideration what the sign means to the business and to its prospective customers. ROLL CALL VOTE: BOHRER NO HILL YES JOHANSON NO PHELPS YES SAUL YES VAN DUSEN YES *MOTION CARRIED. X 7 /9 MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Washington, relating to the composition of membership of the Tukwila Planning Commission and amending ordinance No. 1112, Section 1 and TMC 2.36.010 to establish conditions of residency. MOVED BY SAUL, SECONDED BY PHELPS, THAT ORDINANCE NO. 1150 BE ADOPTED AS READ.* MOVED BY BOHRER, SECONDED BY SAUL, THAT THE ORDINANCE BE AMENDED TO STRIKE THE WORDING AFTER "PLANNING COMMISSION" IN THE LAST SENTENCE AND ADD "SO LONG AS THESE PERSONS RESIDE WITHIN THE TUKWILA PLANNING AREA. ROLL CALL VOTE: BOHRER YES HILL NO JOHANSON YES PHELPS NO SAUL NO VAN DUSEN NO *MOTION FAILED ROLL CALL VOTE: BOHRER NO HILL YES JOHANSON NO PHELPS YES SAUL YES VAN DUSEN YES *MOTION CARRIED TO ADOPT ORDINANCE NO. 1150 AS READ. TUKWILA CITY COUNCIL, REGULAR MEETING March 17, 1980 Page 11 ORDINANCES Cont. APPOINTMENT: Planning Com- mission, Charles Arvidson RESOLUTIONS Resolution #721 Ordering the cancellation of outstanding municipal warrants Mayor Todd recommended that Mr. Charles Arvidson be appointed to the unexpired term of Mr. Steve Welsh. The term expires on March 31, 1985. MOVED BY SAUL, SECONDED BY PHELPS, THAT MR. CHARLES ARVIDSON BE APPOINTED TO THE PLANNING COMMISSION. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. 47020 City Attorney Hard read a resolution of the City Council of the City of Tukwila ordering the cancellation of outstanding municipal warrants. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT RESOLUTION NO. 721 BE ADOPTED AS READ. MOTION CARRIED. Proposed Resolution- MOVED BY SAUL, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION Endorsing the King BE READ BY TITLE ONLY. MOTION CARRIED. Subregional Plan City Attorney read a resolution endorsing the King Subregional Plan adopted by the King Subregional Council of the Puget Sound Council of Governments. City Attorney Hard pointed out that he rewrote the Resolution as directed by the Council. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE AMENDED BY DELETING THE PORTION OF SECTION I WHICH FOLLOWS "AS LISTED IN APPENDIX A OF THIS RESOLUTION. Attorney Hard agreed with the amendment. Chris Crumbauch, audience, asked the implication of the map attached to the resolution. Mayor Todd said the City wanted to change the designation to be more eligible for funds and the City wants funding availability on the broadest scope within the guidelines to be indicated in the resolution. Mr. Crumbaugh said he could see things outside the area designated that could be priorities for funding. Mayor Todd noted that once you cross the City boundaries you infringe on other jurisdictions. Mr. Crumbaugh suggested the map read the designation is within the Tukwila City Limits. There are things outside the City that could serve the City and are vital to the City concerns. He also said he would recommend leaving all of Section I in. Attorney Hard explained that this resolution is a statement saying we disagree with the plan. We want to be called a "Secondary Metropolitan Center." Section 4 says the City designates the area described on Attachment I as a Secondary Metropolitan Activity Center. *MOTION CARRIED. Councilman Bohrer noted that Map 1 of the plan designates Tukwila /Southcenter. MOVED BY BOHRER, SECONDED BY SAUL, THAT SECTION 4 BE AMENDED BY ADDING THE FOLLOWING WORDING: THE CITY FURTHER REQUESTS THAT MAP 2, ENTITLED DESIGNATED ACTIVITIES CENTERS, KING SUBREGION, OF THE ACTIVITIES CENTER POLICY DESIGNATE A SECONDARY METROPOLITAN CENTER AT THIS LOCATION BY THE NAME "TUKWILA." MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING March 17, 1980 Page 12 RESOLUTIONS Cont. Proposed Resolution Endorsing the King Sugregional Plan (cont) APPOINTMENTS: Civil Service Commission Steven Phelps DEPARTMENT REPORTS Mayor's Report Finance Director's Monthly Report of Investments ADJOURNMENT 10:55 P.M. c- Councilman Bohrer said he has noted several problems with the map attached. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE MAP ATTACHED BE AMENDED AS FOLLOWS: 1. THE PORTION OF THE MAP CURRENTLY ENTITLED SECONDARY RECREATION /TRADE AREA BE DELETED ALONG WITH BOX DENOTING IT. 2. THE OTHER CROSS HATCHED BOX THAT INDICATES THE INDUSTRIAL AREA SOUTH OF 405, EAST OF I -5 NORTH OF 180TH THENCE EAST TO CITY LIMITS BE DESIGNATED TUKWILA SECONDARY METROPOLITAN CENTER. 3. THE MAP BE DESIGNATED ATTACHMENT 1 AND ENTITLED DESIGNATED ACTIVITY CENTER. Mayor Todd said he can see some problems that might impact the intent. Some sizeable pieces of property are being deleted. *MOVED BY BOHRER, SECONDED BY SAUL, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF MARCH 24TH.* Councilman Bohrer said that for some reason Tukwila was designated as a Suburban Activity Center. There are criteria in the docu- ment by which the City will be measured for the designation of Secondary Metropolitan Center. He suggested that a Staff Report be submitted to Council giving supporting information on the size designation, the distance from other centers and that it address all of the other criteria. *MOTION CARRIED. The appointment of Mr. Steven Phelps to the Civil Service Commission was tabled to get an opinion from the City Attorney. Attorney Hard said he could see no violation of the Appearance of Fairness Doctrine. MOVED BY HILL, SECONDED BY BOHRER, THAT THIS ITEM BE BROUGHT BACK TO THE TABLE.* Councilman Phelps excused herself from the table. *MOTION CARRIED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL CONCUR WITH THE MAYOR'S APPOINTMENT OF MR. STEVEN PHELPS TO THE CIVIL SERVICE COMMISSION. MOTION CARRIED. Mayor Todd reported they are working on the Firefighter Contract, but it is not ready for discussion with the Council. Councilman Phelps read the Investment Report submitted by Ron Swanson, Finance Director. Interest income for the month of February amounted to $51,225.28 from the following activity: Investments Sold $2,954,475 Investments Purchased $3,121,000 MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. 4 211 /1 0. Mayor CiyClerk