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HomeMy WebLinkAbout1975-01-06 Regular MinutesJanuary 6, 1975 TUKWILA CITY COUNCIL 7:00 P.M. REGULAR MEETING FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL BID OPENING Recall for bids LID #25 APPOINTMENTS Planning Commission Position No. 1 M I N U T E S /0/9 Tukwila City Hall Council Chambers Mayor Todd led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON City Clerk Shirlee Kinney read a correction to the December 16, 1974 Minutes under the Voucher Approval section as follows: Cum. Res. Fire Truck #4608, Fire Ftg. Eqt. #4609 and Water Fund #4610 #4625. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT THE MINUTES OF THE DECEMBER 16 THROUGH 20, 1974 REGULAR MEETING BE APPROVED AS PUBLISHED. CARRIED, WITH DAVIS AND HARRIS VOTING NO. MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE MINUTES OF THE DECEMBER 23, 1974 COMMITTEE OF THE WHOLE MEET- ING BE APPROVED AS PUBLISHED. FAILED, WITH SAUL AND JOHANSON VOTING YES. Council President Traynor stated the January 2, 1975 Minutes were for the purpose of review of Agenda items and he wished to take no action on them. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN FOR THEIR RESPECTIVE AMOUNTS. CARRIED. Vouchers No. 4647 Current Fund #4647 #4709 Emer. Empl. #4710 #4712 Street Fund #4713 #4717 Fire Station Const. #4718 Water Fund #4719 #4723 Sewer Fund #4724 #4733 LID #19 C -38 39 R -30 31 LID #20 C -15 E 16 R -11 12 LID #22 C -30 R -24 LID #24 C -10 R- 7 LID #25 C -11 R- 8 Total $16,992.14 16,992.14 31,789.80 31,789.80 1,558.80 1,558.80 173.74 173.74 563.81 563.81 No. 4733 $13,640.91 29.93 269.51 24,272.65 4,041.31 3,941.04 $46,195.35 Councilman Traynor read the call for bids notice. Councilwoman Harris recommended the time be changed to 7:30 P.M. on January 27. MOVED BY GARDNER, SECONDED BY DAVIS, TO CALL FOR BIDS FOR THE CONSTRUCTION OF STREETS, INCLUDING LANDSCAPING AND STORM DRAINAGE AND SANITARY SEWER IMPROVEMENTS IN LID No. 25; SEALED BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON JANU- ARY 27, 1975 TO BE OPENED PUBLICLY AT 7:30 P.M. ON JANU ARY 27, 1975, AT TUKWILA CITY HALL. CARRIED. Councilman Traynor read a portion of a letter from Mayor Todd dated December 30, 1974 re- appointing Mr. Byron Sneva to Position No. 1 in the Planning Commiss- ion. MOVED BY TRAYNOR, SECONDED BY SAUL, TO RATIFY THE MAYOR'S RE- APPOINTMENT TO POSITION NO. 1 IN THE PLANNING COMMISSION.* Councilman Saul stated at the time he attended the Planning Commission, Byron Sneva helped him more than anyone else and he stated he was TUKWILA CITY COUNCIL REGULAR MEETING January 6, 1975 Page 2 APPOINTMENTS Cont. /0070 Planning Commission strongly in favor of Mr. Sneva remaining on the Plan Cont. ning Commission. Although some feel we should have just the residents on the Commission, this gentleman's knowledge and help to the Planning Commission and the City is very valuable. He stated he highly concurred with this appointment and urged the other Council Members to concur also. *CARRIED, WITH DAVIS AND HARRIS VOTING NO. From the audience, Mr. Sneva stated he looked forward to serving again and that he enjoyed being on the City of Tukwila Planning Commiss- ion. He thanked the Mayor and Council for the oppor- tunity to serve again. Board of Adjustment Councilman Traynor continued with Mayor Todd's Decem- ber 30 letter re- appointing Mrs. Phyllis Pesicka to Position No. 1 in the Board of Adjustment. Kjell Stoknes stated he felt there had been an error in designating this as a one -year term. MOVED BY RECESS TRAYNOR, SECONDED BY DAVIS, TO RECESS TO RESEARCH 7:20 P.M. 7:25 P.M. THE ITEM. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. Mayor Todd stated according to Ord. #860, Position No. 1 should now be a four -year term from January 1, 1975 to December 31, 1978. MOVED BY TRAYNOR, SECONDED BY SAUL, TO RATIFY THE MAYOR'S RE- APPOINTMENT TO POSITION NO. 1 IN THE BOARD OF ADJUSTMENT. ROLL CALL VOTE: 2 AYES TRAYNOR, SAUL; 4 NOS GARDNER, DAVIS, HARRIS, JOHANSON. MOTION FAILED. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE AGENDA TO INCLUDE AN ITEM 6.c. CARRIED. New Planning Director Steve Hall, Public Works Director, introduced Kjell Kjell Stoknes Stoknes to the Council and audience as the City's new Planning Director. He briefly reviewed Mr. Stoknes' background and experience with the City of Kirkland and stated he hoped the City of Tukwila would have a long relationship with Mr. Stoknes. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Request for rezone Mayor Todd relinquished the chairman's gavel to Council Frank Todd from R -4 President Traynor. Councilman Traynor read a letter to RMH dated December 24, 1974 from Gary Crutchfield review- ing the public hearing of the Planning Commission held December 19, 1974. Kjell Stoknes, Planning Director, stated he had not been involved in the preparation of this, but from a technical standpoint, the terminology "dedication of a 10 -foot easement" was not correct and suggested "granting" be substituted. He stated he hesitated to comment further until he became more familiar with the Tukwila Municipal Code. Councilman Johanson stated he had some questions regarding the rezone: (1) Since this borders R -1 on the north side, how would RMH affect the surrounding property? On either side is R -3 and R -4 zoning with C -1 on the front. He stated a 10 -story structure does not seem to fit into the general trend of planning for the area. (2) In answer to the question, can the property be used as it is presently zoned, the answer is yes. (3) Is there a need in the area for the RMH zoning? (4) How is the subject property related to surrounding uses in zoning? It is related but it is certainly not the type of what is surrounding. He stated he could remember the affects on the residents before when a structure of this type was proposed. And in the matter of proprieties, the Mayor is asking for a rezone on his own property while he holds office which seems strange to him. Councilman Traynor asked if anyone TUKWILA CITY COUNCIL REGULAR MEETING January 6, 1975 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Frank Todd rezone Cont. wished to hold a public hearing before the Council, although it is not a requirement to do so. Frank Todd stated as the petitioner, he would like to re- quest a public hearing date set before the City Council and the public because there seems to be a few ques- tions here; he wished the opportunity to answer those questions. Councilwoman Harris stated there are some things about this that are not answered for several of us. The normal operating procedure is to refer this to committee and these are, of course, public and the committee can come back to the full Council with its recommendations. She stated her questions included: (1) Perhaps an environmental impact state- ment should be required due to the extensive change in the topography; (2) Is the applicant the actual owner of the property and has he title to it or is there an option involved? Perhaps a sale of the pro- perty is contingent upon the approval of this rezone. MOVED BY HARRIS, SECONDED BY DAVIS, THAT THE MATTER OF THE REZONE REQUEST FOR FRANK TODD BE REFERRED TO THE CITY COUNCIL COMMUNITY AFFAIRS COMMITTEE.* Councilman Saul stated a public hearing seems to be in order for additional input. We won't be able to find out any answers by putting this into committee. Councilwoman Davis stated she felt the questions should be answered before holding a public hearing. She stated when she sat on the Planning Commission, the maps and slides were accompanied by a layout of the structure which does not appear here. Frank Todd stated he has been around City Hall for nearly 20 years and this is the first time he has seen the pro- cedure change where the Planning Commission recommen- dation went to a committee rather than a public hear- ing. It is very irregular to proceed along these lines. How can the committee adjudicate a problem without knowing all the facts and the only place you can get the facts is by reading the packet before you which proves ownership and by holding a public hearing. Councilman Traynor stated he objected to the numerous rezone requests and he, because of overloading the committee if he happens to show up at the committee meeting, would prefer to discuss this at a public hearing also, to have all the answers provided to us by the Planning staff and the petitioner. Councilwo- man Davis asked what Councilman Traynor had meant by "overloading the committee Councilman Traynor re- plied he would be the fourth Member of the Council present at the committee meeting. Councilwoman Harris stated all of the information can be given at a com- mittee hearing and the petitioner and the public are entitled to be present. The Tukwila Municipal Code stated the Council is entitled to take final action on a rezone request without a public hearing provided the Planning Commission has held its public hearing. She stated she would like to see the staff report and other information. Councilman Traynor stated he real- ized the Council is not required to have a public hear- ing but he felt the Council should have one. Council- man Johanson stated one of his concerns is with So. 153rd, a private street, which joins 62nd Avenue. He stated there had been quite a bit of discussion about pushing 62nd all the way through. He stated he felt the committee should be meeting before the public hearing, that the City would not want to waste the money on a public hearing before the committee met. Steve Hall, Public Works Director, referred to a map of the area noting the grades and logical access to the property. He stated it would be more logical to have access at the southeast corner off of 62nd Ave. TUKWILA CITY COUNCIL REGULAR MEETING January 6, 1975 Page 4 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Frank Todd rezone Cont. OLD BUSINESS Professional services agreement STR re: "S" Line Bridge Councilman Johanson noted the difficulty in cutting for a road because of the hard rock in the area. Councilman Sterling arrived at the meeting at 7:50 P.M. Councilman Traynor and Frank Todd briefly informed Councilman Sterling of previous conversation. Discussion continued on the matter of extending 62nd Ave. Steve Hall stated it would be difficult since there are many rock outcroppings in the way and the fact that the existing apartments would be so close. From an economic standpoint, there is no reason to extend 62nd Ave. through. There would be a loop for circulation around 153rd and 62nd. Councilman Sterling asked what the reason was for this to go to committee. Councilwoman Davis replied it was for further study. Councilwoman Harris stated again that the public is entitled to attend all committee meetings. All the information can be gained and presented at that time. Each Member of the Council has several meetings he is required to attend. The procedure to refer things to committee is quite proper and quite author- ized. She stated she felt it was not right to have Council Members and staff come out frequently to extra meetings that do not need to be scheduled if the matter can go through the Council's regular channels. Frank Todd stated his next statements may not get any votes for the approval of his rezone, but he would take exception to Councilwoman Harris' position that he knew of a committee meeting held last Saturday in Councilman Johanson's house and he stated he was sure he would not have been welcome to attend. *ROLL CALL VOTE: 4 AYES GARDNER, DAVIS, HARRIS, JOHANSON; 3 NOS STERLING, TRAYNOR, SAUL. CARRIED. Councilman Johanson asked if Mayor Todd would like to ask any additional questions about the Saturday meet- ing. Mayor Todd replied no, he was bringing the point up to illustrate that not all committee meetings are necessarily held in public or made available to the public. Was this meeting advertised? Councilman Johanson replied that committee meetings do not have to be advertised. Mayor Todd stated then how is the public going to attend a committee meeting when they do not know you are going to have a committee meeting. Councilman Johanson stated two constituents of the public were present. Steve Hall, Public Works Director, stated the City has designated Stevens, Thompson Runyan as engineers by Resolution and the Resolution stated that the contrac- tual agreement would follow for approval by the Council which is what this agreement is. Administration has given its approval, and the City Attorney has reviewed it. MOVED BY TRAYNOR, SECONDED BY GARDNER, TO AUTHOR- IZE THE MAYOR TO SIGN THE PROFESSIONAL SERVICES AGREE- MENT REGARDING SIGNALIZATION OF THE "S" LINE BRIDGE WITH STEVENS, THOMPSON RUNYAN. CARRIED, WITH HARRIS VOTING NO. Discussion: Councilman Gardner announced a meeting of the wetlands, Flood control and flood control and Soil Conservation Service people at wetlands study meeting Renton City Hall on Thursday, January 9, 1975 at 7:30 P.M. Government officials and members of the public are invited to attend. Mayor Todd asked if a public hearing before the Tukwila City Council is scheduled. TUKWILA CITY COUNCIL REGULAR MEETING January 6, 1975 Page 5 OLD BUSINESS Cont. Flood control and wetland meeting Cont. Discussion: King County Animal Control Contract 1975 NEW BUSINESS So. 180th Street sanitary sewer interceptor STANDING COMMITTEE REPORTS Councilman Johanson replied in discussion, the King County Council had pointed out that no public hearings are required, however the Public Works Committee mem- bers feel there should be some knowledge given to the public in some form on the entire proposition. It is encumbent upon the cities to take action but there does not necessarily have to be any public hearings. Mayor Todd stated from what he has heard on the propo- sal, he would hope the Council would hold a public hear ing to at least inform the landowners in Tukwila what this will cost them. Councilman Johanson stated these are only suggestions, proposals, at this time. Councilman Sterling stated Mr. Wanamaker will be available to meet with the Council at one of the meet- ings to discuss this further after the Thursday meet- ing. Councilwoman Davis stated this contract does need a lot of work including amendments to the present ordi- nance and a public hearing is necessary. At this time, we cannot go without a contract and suggested that the Council pass on approving the 1975 Contract. She suggested that the Council discuss this matter at the Saturday, January 11 meeting and put it back into committee for further study for next year. This con- tract does not conform with our Municipal Code and we need to hear from citizens regarding cat licensing. Also she would like the 10:00 P.M. restriction to be enforced, that no dog shall be allowed to run at large after that hour and up to 6:00 A.M. MOVED BY DAVIS, SECONDED BY SAUL, TO ACCEPT THE 1975 ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF TUKWILA AND KING COUNTY.* Councilwoman Harris suggested this contract be covered by a resolution in order to authorize the Mayor to sign. *MOTION FAILED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE CITY COUNCIL REQUEST THE CITY ATTORNEY TO REVIEW THE CONTRACT WITH KING COUNTY ANIMAL CONTROL AND PREPARE A RESOLUTION TO ADOPT SAID CONTRACT. CARRIED. Steve Hall, Public Works Director, explained the background of the project and that this project is a part of one of several E.P.A. funded projects with Hill, Ingman Chase as consulting engineers under Resolution #283. The cost of this project is within 10o and he recommended concurrence with the proposal from H.I.C. Completion date will be within the next two weeks. MOVED BY TRAYNOR, SECONDED BY SAUL, TO ACCEPT THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR REGARDING SO. 180TH STREET SANITARY SEWER INTERCEPTOR. CARRIED. Public Works Committee Councilman Gardner read a letter from Steve Hall dated December 11, 1974 regarding an easement on Minkler Blvd. and recommending that the easement be released to the present owners of the property as the City already has utilities installed within the roadway. Mr. Nash, Wilsey Ham, gave a map presentation of the easements involved and explained the background of the development. Councilwoman Harris asked if this has been reviewed by the City Attorney. Steve Hall replied he had all the documentation which can be reviewed by Attorney Parker. Councilwoman Harris stated she would like to have a legal approval on this. Discussion continued. Councilman Sterling stated it TUKWILA CITY COUNCIL MEETING January 6, 1975 Page 6 STANDING COMMITTEE REPORTS Cont. Public Works Committee Cont. Finance Personnel Committee does seem that this easement is superfluous. He asked what would happen on the west end of Andover Park West; we want to make sure that we maintain the 15 foot easement all the way up to the right -of -way on the east side of Andover Park West. Mr. Nash replied the easements there are overlapping. Steve Hall agreed, stating that each easement is dedicated for the full length of the property and therefore they are overlapping. RECESS MOVED BY DAVIS, SECONDED BY TRAYNOR, TO RECESS FOR 10 8:20 P.M. 8:32 P.M. MINUTES TO FURTHER DISCUSS THE EASEMENT. CARRIED. Mayor Todd called the meeting back to order with all Council Members present. MOVED BY GARDNER, SECONDED BY JOHANSON, TO TRANSFER TO THE PRESENT OWNERS OF THE PROPERTY AN EASEMENT DESCRIBED AS THE SOUTHERLY 15 FEET OF THE NORTHERLY 39 FEET OF LOTS M -3 AND M -4 OF ANDOVER INDUSTRIAL PARK AND TO FILE FOR THE RECORD A MAP DESIGNATED AS EXHIBIT "A SAID EASEMENT SHOWN IN RED. CARRIED. Councilman Johanson stated there is no report ready from committee regarding the proposed ordinance amending the Tukwila Municipal Code regarding annual leave for employees and he would like to strike the item from the Agenda. The matter will be placed on the Agenda for January 20 meeting. MOVED BY JOHANSON, SECONDED BY SAUL, TO AMEND THE AGENDA TO INTRODUCE THE SUBJECT OF GAMBLING. CARRIED. Councilman Johanson stated the committee did meet with two constituents of the City who were interested in getting involved in the development of the ordinance on gambling. Out of that meeting, we came up with a consensus that the City of Renton's ordinance was a good one to follow as a general layout. We do intend to go with the maximums as stipulated by the State for all forms of gambling outside of the card rooms. We would also propose to eliminate punch boards. Councilman Saul was informed by the Associa- tion of Washington Cities and also according to the new modications to the R.C.W., the County will deter- mine what percentage we will be allowed to charge in these other areas, not card rooms. Councilman Saul stated we would learn tomorrow what rates the County is charging for these forms of gambling. Councilman Johanson stated regarding the card rooms that the committee in its final discussion had approached this on the basis of a full house of card players and we extended the $2 per hour to play on a 12 1/2 hour day for 8 players for 360 days per year and we based it on a 90 day quarter. We assumed that one table would be capable of bringing in $18,000 per quarter. Using this figure for revenue, the first table should be subject to a $5,000 fee which is approximately 27.7% of the $18,000 figure. These taxes are proposed on a quarterly basis. The second table would be $2,000 which is 19.4% of the $18,000 revenue, including the first table's fee. The third table would also be a $2,000 fee at 16.6%, and the fourth and fifth tables would be a $2,000 fee at 15.2% and 14.4% respectively. One of the biggest problems the committee faced was how accurate were we on the total income figure. The actual hours of activity at the tables was a consider- ation. No history of this was requested of any of the gambling establishments in town and we computed the figures strictly on a pencil and paper basis. One of the reasons he brought these figures to the TUKWILA CITY COUNCIL MEETING January 6, 1975 Page 7 STANDING COMMITTEE REPORTS Cont. Finance Personnel Committee Cont. Council table tonight was to get everyone thinking about the fees. Councilman Johanson stated perhaps they were a little high. Councilman Traynor stated it appears we are encouraging the establishments to have the maximum number of tables. Councilman Jo- hanson stated perhaps that is so, but the thought behind the fees was that the high charge on the first table would discourage weekenders moving in here and setting up one table for a night and moving out again. Councilman Saul stated he had originally wanted to set up a master license for the gambling but the State Gambling Commission has all control over licen- sing. He stated the establishments are open 18 1/2 hours a day and we are levying a fee based on 12 1/2 hours. He stated we have seen one establishment enlarge its parking lot to accomodate 40 more cars; they wouldn't be doing that just to sell more beer. Councilman Johanson stated the State took care of the problem of how to get the information we need by requiring the types of daily and monthly records that they do. At this time, he does not see us getting into the audit of records and this is the reason the committee proposed a set fee. He stated he hoped the committee would have an ordinance prepared for consideration at the next regular meeting, pass it and if we do, make it retroactive to January 1, 1975. Councilman Traynor stated he liked the idea of the flat fee but questioned whether it may be too low for the second, third, fourth and fifth tables. He suggested the fee be set at $3,000 each. Mayor Todd asked if Councilman Johanson intended to ask the City Attorney to prepare the ordinance when the committee has it ready. Councilman Johanson replied he hoped the staff would be involved in this and would like to use the City of Renton's ordinance as a model. Councilwoman Harris stated, assuming there are five tables, the annual tax figure would come to $52,000. She stated it would be hard to predict whether or not the income would be coming in in order to make these taxes payable by the establishment. There is one other governmental agency that has set a lower figure on the first table and the additional tables climb higher in the tax rate. Another has a percentage tax on the gross income of the card room. She asked if the committee would consider view- ing those two other taxing proposals. She stated it was her understanding that the Gambling Commission held public hearings recently that the rate may be lowered to play per half hour and if this does come about, it will have an affect on the income. Would it be right to charge a flat rate if the table rate is lowered? Councilman Johanson stated the committee was aware that the Gambling Commission will be holding hearings on January 8 and 9 and there may be some revisions necessary as a result of the hearings. It is not necessarily a perogative of government to discourage something that has been voted on by the public by attacking it or holding it down by taxes. He stated in his years of experience at this table, this is the only business that we have attempted to make a gross figure of income from for the year and set a fee; we are still only getting $25 a year from all the major businesses in the City of Tukwila. Councilman Sterling remarked that the committee had done a good job thus far. There is protection in this tax rate from the fly -by -night outsider who could come in without much investment, make his money and run out again with just one table otherwise. He stated he thought the flat rate was a good idea. TUKWILA CITY COUNCIL MEETING January 6, 1975 Page 8 STANDING COMMITTEE REPORTS Cont. Finance Personnel Committee Cont. Councilman Saul stated this situation is unique from the business licenses in that the establishment must apply to the State Gambling Commission for their license. The establishments are not committed to have five tables always under this tax structure. Mr. Anthony Zuanich, 2535 13th So., Seattle, stated he operates a licensed card room and stated that the proposal is ridiculous for the simple reason that the State did not set the minimum charge per hour; hourly fees can be charged at 25( or 50( per half hour and this is going to come. Here you have games going now and for example, the Riverside Inn has put up a plush place and all the business you have out here now is Seattle people coming out here to play. As the gambling Commission has legalized gambling, it is putting Tukwila on the map and you are bringing lady players out here. Mr. Johanson had stated that the fly -by -night can come overnight and open up a game; that is definitely ridiculous because there is a $250 State license and whoever gets that State license is screened approximately 60 90 days at least he has been and he was issued a license for his place in Seattle. He stated putting this kind of a fee, $5,000 what does that poor man that owns the 19th Hole and can hardly make a payment on his tavern going to do? He has only one table in his place. Mayor Todd stated the 19th Hole is not in the City limits of Tukwila. Mr. Zuanich stated there are other places that will be and he plans on being in Tukwila and that he has a business license in Tukwila. He stated he could not afford to start one table in Tukwila and pay $5,000 especially having to go into competition with those places already estab- lished now. Those places with the revenue that Mr. Johanson was using are going to be split up by compe- tition and when Seattle opens up, you are going to be dead and there will be no poker out here anyway. So you're going to set a big fee out here and have nothing. He stated he wanted to open a recreation parlor and have one table and would not be able to pay a $5,000 fee, not even a $1,000 fee. This is a competitive business and there will be other places that are going to charge less by the hour he will. How are we going to get any business than to run a card table which has been legalized by the State if you have higher prices than Las Vegas. The gambling license for a big establishment in Las Vegas is $20,000 a year and you want to charge $50,000 a year for a card room. Mr. Joe Gasparavich, 8516 196th S.W, Edmonds, stated he is the manager of the Riverside Inn card room and he has been in the card room business for about 35 years off and on with beer parlors and cocktail lounges. It seems ridiculous for Mr. Johanson to be setting a fee of $5,000. It seems like you're freez- ing all the small people out and eventually he hoped it would not hurt the Riverside, but you are discour- aging other people from coming here. If that is what you want to do, then set a fee even higher than that and see that the Riverside does not open up or the White House. I have been listening to the figures that Mr. Johanson has of $18,000 a year. He stated he arrived at the Riverside at 2:30 this afternoon and there were two games going one was five handed and one was four handed and it would certainly not justify paying $52,000 a year for a card room license. He felt the Council should be more realistic about what is happening and what the fee should be. If you TUKWILA CITY COUNCIL MEETING January 6, 1975 Page 9 STANDING COMMITTEE REPORTS Cont. Finance Personnel Committee Cont. /t)a 7 trying to do something to discourage this, then the thing to do is eliminate it, otherwise be sensible about it. If you just want the Riverside and the White House to operate then it would be a realistic fee. You are certainly discouraging the smaller people that do need help and there are many taverns that no way in the world for instance in Las Vegas, the black jack tables take in probably $700,000 or $800,000 a year apiece and the license is less than $250 and a card room license is less than $175. From the figures stated by Mr. Johanson, it seems like you are just notinterested in having card rooms. He stated he was not just primarily in the card room business but also in the cocktail and restaurant busi- ness in the City of Seattle and Kenmore area. It does not really hurt my livelihood although he stated he likes the business, there are a lot of nice people down at the Riverside and we have made a nice, plush place and we hope maybe some of you will come over and play. Councilman Johanson stated these figures came out of a committee meeting and it is not his sole idea. Mr. Gasparavich stated he has been in the business for 35 years and perhaps is not an expert on it, but he would be happy to answer any questions in regards to gambling and realistic charges and the policing of it. You are talking about putting on a vice squad in Tukwila when really it would only take two people to patrol the entire State by telephone as far as the established card rooms are concerned. The fact is at the Riverside, there isn't a night that we don't have five or six private individuals who are trying to hustle private games in the homes and apartments. Mayor Todd asked why Mr. Gasparavich does not abide by the law and report these people to the Police Department. Mr. Gasparavich stated this is not against the law unless they are running a game commercially in private. He stated every night we are tapping them on the shoulder telling them not to do that here because if there is a problem and they lose too much money, then they report to the police that they were picked up at the Riverside Inn which involves us as part of this thing. So we try to eliminate this kind of thing. In fact the other night, a guy asked me for pencil and paper so he could give the people the address of the place to go for this private game. He stated that some of the places in this area that have three or four games going have one solitary girl watching the card games that knows nothing about it. It is a problem in a sense and it isn't, too, because if you have an operation and you are there to protect the people then you just can't go in there and charge the establishment $52,000 a year when you are only taking in $60,000. Chief Sheets stated that Mr. Gasparavich has reported those incidences to the Police Department about the apartment games. He stated it is quite obvious that the committee has decided that we are going to have gambling, and that this gambling is best for the citizens of Tukwila. Councilman Sterling asked if this is the Chief's wording or is he saying the Council has decided this. Chief Sheets replied he was saying the committee has made up its mind they are going to have gambling by the mere fact they have determined to tax it. And this is their opinion and decision and they are going to ask the rest of the Council to TUKWILA CITY COUNCIL MEETING January 6, 1975 Page 10 STANDING COMMITTEE REPORTS Cont. Finance E Personnel Committee Cont. do that because this is what the people of Tukwila so desired. If that is the case, then the staff is cer- tainly going to go along with it too. On the other hand, Chief Sheets pointed out that card rooms are supposed to be trade stimulants and not a profit making situation. He stated, therefore, that the charges proposed by the committee are correct. Five tables working 10 hours a day would gross $300,000 per year and one card room in town is doing that. There is standing room only and they are operating a full 20 hours a day so they are doing better than $300,000 a year. This is more than a trade stimulant and in fact the statement was made that the rest of their business is declining because there are so many people waiting around for the card tables. Chief Sheets stated he felt the committee was not asking too much and in fact it may not be asking a sufficient amount. If you do not desire to go on a percentage, then he would certainly recommend the $5,000 tax on the first table and so on down the line. He also requested the Council to consider tax- ing other amusement games at this time also. We have several amusement games throughout town and he felt the City is lax in not collecting taxes on the pool tables and other amusement games. Councilman Johanson stated this is a good question although he did not necessarily intend to bring it up tonight. Are we allowed to license these or did we lose all licensing privilege when the State said it would license card games and other amusements. Our ordinance states that pool tables will pay a license fee. And that pinball machines will pay a license fee. Mayor Todd stated some has been superceded by State law but the whole thing has been in effect prior to the passage of the gambling laws. He stated to his knowledge the City has never levied a tax as required by the ordinance. Councilman Johanson asked why it has never been levied. Mayor Todd suggested Council- man Johanson read the ordinance. Councilman Sterling asked about the proposed ordinance regarding annual leave for employees. City Clerk Shirlee Kinney stated during the discussion of the 1975 budget, the committee discussed several proposals one being this accrual of 12 days of vacation and sick leave a year. As of yet, the committee has not re- quested any ordinances or opinions of the City Attor- ney regarding the proposals agreed upon by the Council regarding U.S.T.M.E. benefits. She stated if the Council does not act in January then those benefits for the employees will be lost for the month of Janu- ary. Councilman Johanson stated he has no objections to getting started on it but he has no information on it. Steve Hall stated another ordinance came from staff which designated that a person's accrued sick leave could be taken on a month to month basis rather than having to wait for the probationery period. This also was placed in committee. Councilman Johanson stated the committee would consider this at its next Tuesday meeting if all information is made available at that time. RECESS MOVED BY DAVIS, SECONDED BY HARRIS, TO RECESS FOR 9:20 P.M. 9:30 P.M. TEN MINUTES. CARRIED. Mayor Todd called the meeting back to order with all Council Members present. TUKWILA CITY COUNCIL MEETING January 6, 1975 Page 11 SECOND READING OF ORDINANCE Ord. #912, Accepting gift for Fire Dept. Aid Car FIRST READING OF ORDINANCES Proposed ordinance Amending T.M.C., Authorizing Board of Adjustment to consider variances re: underground utilities Proposed ordinance Amending T.M.C., Authorizing Board of Adjustment to consider appeals from exceptions to Sign Code Proposed ordinance Amending T.M.C., Authorizing Planning Director to waive requirements for underground utilities under certain circumstances RESOLUTION Proposed resolution Accepting annexation petition re: Duwamish/ Allentown area as modified by B.R.B. MOVED BY DAVIS, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE PLACED ON ITS SECOND READING. CARRIED. Attorney Parker read proposed ordinance accepting donations for the Fire Department Aid Car. MOVED BY DAVIS, SECONDED BY STERLING, THAT ORD. #912 BE ADOPTED AS READ. CARRIED. MOVED BY HARRIS, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE READ IN ITS ENTIRETY FOR THE FIRST TIME. CARRIED. Attorney Parker read proposed ordinance amending Section 13.08.100 of the Tukwila Municipal Code, authorizing the Board of Adjustment to consider variances regarding under ground utility installa- tions. MOVED BY STERLING, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ IN ITS ENTIRETY FOR THE FIRST TIME. CARRIED. Attorney Parker read proposed ordinance amending Sections 19.12.060 and 19.12.080 of the Tukwila Municipal Code Title 19, Sign Code, authori- zing the Board of Adjustment to consider appeals from and exceptions to the Sign Code provisions. MOVED BY TRAYNOR, SECONDED BY DAVIS, TO REFER PROPOSED ORDINANCE TO COMMITTEE.* Councilwoman Harris suggest- ed the proposed ordinance be read first before placing it in committee. *SECOND AND MOTION WITHDRAWN. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT PROPOSED ORDINANCE BE READ IN FULL FOR ITS FIRST READING. CARRIED. Attorney Parker read proposed ordinance amending Section 13.08.070 of the Tukwila Municipal Code, authorizing the Planning Director to waive the requirements for underground utilities under certain circumstances. Kjell Stoknes, Planning Director, stated he could appreciate the Council's concern with this and stated he would appreciate a legal opinion since the ordinance does not appear to be specific enough. Councilwoman Harris stated the Community Affairs Committee will be discussing this proposed ordinance at its next Wednesday meeting at 5:30 P.M. at the City Annex. She asked Attorney Parker if he had reviewed the ordinance. Attorney Parker replied he had prepared the ordinance but had not considered it yet. He stated he would not be able to have an opinion ready by Wednesday since other pressing matters of City business were coming up this week. He stated he felt rather than giving full discretion to the Planning Director, there should be certain specified instances where a waiver should be applied in this proposed ordinance. Steve Hall, Public Works Director, cited a few examples of where some areas would not be scheduled for undergrounding for several years and if a waiver were approved, it would save a lot of money and trouble in the meantime. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED, WITH GARDNER VOTING NO. Attorney Parker read proposed resolution accepting the annexation petition from the residents of the Duwamish- Allentown area of King County Fire District No. 1 as modified by King County Boundary Review Board Resolu- tion of December 12, 1974. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE DECLARED AN EMER- GENCY AND BE APPROVED FOR ADOPTION. ROLL CALL VOTE: 3 AYES STERLING, TRAYNOR, SAUL; 4 NOS GARDNER, DAVIS, HARRIS, JOHANSON. MOTION FAILED. Councilman TUKWILA CITY COUNCIL MEETING January 6, 1975 Page 12 RESOLUTION Cont. Annexation Cont. /0.30 Sterling stated he voted to have this brought up again to the table and he felt we should address the situa- tion now and get it over with one way or the other. Mayor Todd stated it is over with now according to the vote. Councilman Sterling stated he had voted "yes" on the original acceptance of petitions on the basis that the area would be left as a whole, but it was not. Without the income along with the residents he stated he did not feel the City could do them justice or do our own citizens here justice either. Councilwoman Harris stated she felt the Council should have had the opportunity to discuss this before a resolution was presented. She felt the decision was a Council perogative and that a resolution should have been drawn up contingent upon the Council's decision, the paperwork should have come from the legislative body. Also, there were other options to investigate. She stated she was not in favor of accepting the modi- fied version of the annexation, but she did not like to accomplish this by voting backwards and rejecting this resolution. If the total Council voted to reject it, then we should have a resolution specifically rejecting it and stating the reasons why. Since the vote was forced, she had to vote the way she did and is not entirely happy about it.Councilman Traynor asked if the proceedings would stop at this point and if the people there then would not vote on the annexation. Mayor Todd replied this is specifically the reason why he proposed to the Council at a meet- ing without announcing his proposal that this decision of the Boundary Review Board should possibly be appealed but the appeal idea did not seem too attrac- tive to Councilwoman Harris and now she is saying it is attractive. Councilwoman Harris stated she had never mentioned appeal tonight. Mayor Todd stated he felt it was sad whena City is represented in this fashion. Councilman Johanson stated when the origin- al request for annexation came before the Council, the industrial representatives of the area requested a two -week delay to study the situation. He stated he would have thought that some form of communication would have been developed by administration between the City and those industries in that length of time. The vote was forced that night and he voted "no" on the petitions because he believed that without some additional income to support those people, we will have some real problems in that area and we haven't even got some taken care of in our City. He stated the people would have to expect to wait about 10 or 15 years for any improvements on a present basis. They will be contributing nothing from the standpoint of property taxes. Mayor Todd stated he was sure that Councilman Johanson's statements would salve the wounds of everyone in the Duwamish area. Councilman Johanson stated his views were clear before. He stated the action was taken by administration that night to deny the industrial people two weeks to make their comments and we did finally get their comments at the Boundary Review Board public hearing. Councilman Johanson stated he felt we really estranged those businesses that night. Mayor Todd stated he understood their position differently than did Council- man Johanson. Councilman Johanson stated he heard the request that night and he heard the response; Councilman Gardner agreed. Mayor Todd asked if the reason for turning this resolution down tonight was for something that happened last summer or for a reason based on reality that this area won't carry its load and won't compliment the City of Tukwila. TUKWILA CITY COUNCIL MEETING January 6, 1975 Page 13 RESOLUTION Cont. Annexation Cont. /63/ Councilman Johanson replied because the area will not support itself. Councilman Gardner asked if this rejects the annexation completely. Mayor Todd replied yes. Councilman Saul stated he was in favor of the annexation especially if the people left in the area are in fact the ones who voted in favor of the annexa- tion originally. He stated he felt all along that we never really needed Boeing and the rest of the indus- try because we could never service them in that far neck of the area. The way the Boundary Review Board drew that off was fair and just. This action tonight kills any annexation for years to come. These people have asked to come in and now they cannot. He stated it might have been a tough road, but he felt it will be tougher for the people in the County or with the City of Seattle; at least they would have had good representation in Tukwila at our Town Hall. Mayor Todd stated this gives the City of Seattle the oppor- tunity to take Kenworth and Boeing and he stated he does not feel that we lost a lot by losing the indus- trial area. He stated he felt we have lost a lot by not accepting what is now proposed in the B.R.B. for the reason that it would have at least established a buffer on the north end and it would have left some land to develop as large there perhaps as Andover by the same zoning codes and class of construction. Mayor Todd stated we are wide open now to the Port Commission, the City of Seattle and anybody else to close us in. There is no use in further discussion unless the Council is going to reconsider their position. He stated he agreed with Councilman Saul that this cuts us off from any future annexations for a long time. Mr. Ed Bauch stated his understanding of the Boundary Review law is that if the area is revised substanti- ally, we could ask for a re- certification of the sig- natures. His recollection from the B.R.B. hearing was that many of these people lived in the area that is now cut off and he felt the Council should recon- sider and ask for a re- certification of the petition- ers to see if there is a legal amount of petitioners left in the area who desire to be annexed to the City of Tukwila. Mr. Bauch stated his observation of the Council's action tonight was not that the resolution was killed; the vote was taken on the emergency pro- cedure, and the resolution would not be passed until its next reading. Mayor Todd stated it would be nice to know how those people feel, but he took the posi- tion that the way to find that out is to pass this and let the people down there vote on it. Mr. Bauch stated it seems simpler to send the petitions down to King County Election Dept. to check the signatures to see if there are enough left in the revised area in support of the annexation. Mayor Todd stated there are some circumstances that would affect the petitions such as people moving from the area since the petition was circulated. Discussion was continued on the intent of the Motion to designate proposed resolution as an emergency for adoption. Mr. Ed Robinson stated from the input he has received, he does not think the people down there want to be annexed to Tukwila but he thought it would be interest- ing to find out for sure how they would vote. TUKWILA CITY COUNCIL MEETING January 6, 1975 Page 14 RESOLUTION Cont. Annexation Cont. /43A Fire Chief Truman Severson, Fire District No. 1, stated he felt the ballot had been cast in prior Council meetings and in the presentation to the Boundary Review Board. He felt there has been ill will generated and an atmosphere of suspicion estab- lished. It would take a tremendous sales job to over- come that. Mayor Todd stated he was sorry to hear that and wished the people had an opportunity to con- sider what their benefits would be compared to what they have now. Chief Severson stated he had no doubt in his mind that both communities would be benefitted. But the way in which all of it has come about would put an end to anyone wanting to vote for annexation. He stated this is his personal opinion because this would not benefit his Fire Department. Regarding the area itself, Chief Severson stated there is not much land mass, not much street footage but there is open industrial land waiting to be developed and there is development going on right now south of 112th Street. It would be no strain on any department in the City to handle this area and this also is a personal opinion he stated and in fact, his commission- ers are opposed to the idea of the annexation. He stated all of his comments are thoughts of a private citizen and are not related to Fire District No. 1. Councilman Sterling stated he disagreed that this would not cost the City additional money to serve the area. Our Street Department would have to grow con- siderably to take care of those streets down there. He stated he was voted into office by the citizens of Tukwila and he felt it was his right to vote the way he would have voted for the citizens of Tukwila. Chief Severson agreed. Councilwoman Davis, in reply to a comment regarding industrial development in the area, stated that the citizens from that area voiced opinions against more development in the area which was her concern also, that the area should remain more residential. Chief Severson stated the area he was referring to lies west of East Marginal Way; it is flat land that is totally undeveloped at this time and is not suited to become residential at all. This is developable from a business concept and it would not affect the residential area which presently exists. He stated we all realize that it is only a matter of time until this area goes industrial. Chief Severson stated it was his feeling that through Tukwila, the old people in that residential area could maintain a status quo for a longer period of time than any other way and this is the main reason for his involvement with the annexation effort. He stated he has seen many times when displaced people never regain what they have lost due to condemnation, etc. Mayor Todd asked if any Member of the Council voting in the majority wished to reconsider the matter. Councilman Johanson commented that he has lived in the City of Tukwila for 15 years waiting for this great golden goose down here to really fix things up, that's all he has heard how well we are going to do, and he has not seen it yet. The sidewalks are covered with litter clear up to last night from a wind storm we had a week ago. He stated he had to wait 6 years just to get the sidewalk for his kids to walk to school. We have put a lot of effort and endeavor into trying to structure this City a little bit better for the residents who were living here at the time and those endeavors should still go forward. He TUKWILA CITY COUNCIL MEETING January 6, 1975 Page 15 RESOLUTION Cont. Annexation Cont. /033 stated he could not see setting the City back another 15 years at this time, which he felt this annexation would do and no one has yet shown him otherwise. MOVED BY DAVIS, SECONDED BY HARRIS, TO REFER THE PROPOSED RESOLUTION INTO COMMITTEE.* Mayor Todd stated the previous motion was for final adoption and he felt the matter was now dead and could not be placed into committee. Councilman Traynor stated he felt this was the Council's perogative and that if there is a chance that this could be revived through committee, it is worth a try. Steve Hall, Public Works Director, asked if the Council does reconsider, would you like staff to go back and re- analyze their preliminary budgets and cost projections. Councilwoman Davis stated she felt that could not be answered until the commit- tee meets and then perhaps staff would get involved. Councilman Sterling agreed it would be a waste of time and effort at this point. Mayor Todd asked Attorney Parker what kind of time limit for reconsid- eration there may be. Attorney Parker replied he was not certain, although the time limit for appeal has expired. He suggested that the Council act immediately or forget it. Kjell Stoknes, Planning Director, stated in the 1975 budget, one of the functions of his department will be to develop a comprehensive plan and in relation to that would be this potential planning area. Taking into consideration the cost benefit analysis, he felt it may be a good idea to look at some of the surrounding areas and determine what kind of a cost benefit analysis will there be on the east side of Interstate 5. He stated his suspicion was that it would not even be what Allentown annexation is going to be. Residential areas often times do not pay for themselves. He stated in effect what we may be saying in a policy situation is that we don't want any more annexations at all and if this is the case, the planning area may turn out to be the City limits. Mayor Todd stated he felt there would be some very bad spin -off circumstances if no action is taken on this annexation. Mr. Ed Bauch stated as he had stated before at the Boundary Review Board hearing that he was in favor of the annexation as it was proposed and he is in favor of the annexation as it was adjusted. He stated the City of Tukwila needs people and not industry. He stated he would not accept that the area up there is destined to be industrialized or that it ought to be. It is time we should be looking to the areas that we can save for the people. Tukwila has all the indus- try that it needs set aside between the freeway and Green River and 154th to the north to the City limits at the south end. It is time we get some people into Tukwila and the sooner we do it the better off we will be. Mayor Todd agreed. Councilman Traynor stated Mr. Bauch is one of the few people who feel the same way about this as he does. He thanked Mr. Bauch for his comments. Mrs. Nancy Moore stated she agreed 100% with Mr. Bauch, stating she had brought this point up a year ago regarding saving the property here on the hill for residents. TUKWILA CITY COUNCIL MEETING January 6, 1975 Page 16 RESOLUTION Cont. Annexation Cont. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Council meeting for 1975 achieve- ments Letter of appreciation to Police Department Appreciation to the Fire Maids, Police and Fire Departments Sammamish Commercial law suit Redistricting comments *MOTION CARRIED, WITH GARDNER VOTING NO. /0341 Mrs. Phyllis Pesicka stated she also agreed with Mr. Bauch's comments, stating she felt we need more people here more than anything else. Councilman Johanson stated in this addition of people is the planning of the use of the land. Through some form the past few years, we have constantly inferred that we would like to see more people build in Tuk- wila, but we do not see people building in Tukwila. There are chunks of land- locked land that is held and has not become available to residential building. If we don't protect what we have in our residential areas, we will have them stacked one on one or ten on ten. And there has not been a lot of resistance to that here lately. We cannot go out and grab these people and bring them into town. We have to encour- age them to come into town and if they think that their property is going to be built upon right next door with some kind of a large monolithic structure, who is going to buy here? Councilman Traynor stated the people surrounding us are plagued with the same things we are either warehouses in our neighbor- hoods or highrises across the alley. Maybe we cannot fix one of their streets for ten years, but he felt that was not the main concern. What they would like us to do is to help keep the warehouses out from their backyards or the ten -story buildings from across the street, then they would like to be a part of Tukwila. We have a Police and Fire Department that is protecting 20,000 or more people daily and what the devil is 3,000 more people? And these are bedroom community people. Councilman Johanson replied then how can we honestly go to those people and say look what we have done and we will protect you. He stated he felt we could not show them a great deal of protection. Council President Traynor announced a meeting of the City Council scheduled for Saturday, January 11, 1975 at 10:00 A.M. in the Andover Park Fire Station conference room. Goals for 1975 will be discussed. Council President Traynor read a letter of apprecia- tion dated January 6, 1975 regarding "one of the finest police departments in the state." The letter was addressed to the Council from Lee and Madge Phillips in regard to a recent robbery attempt at their home. Councilwoman Davis stated she received a comment from Mrs. Scherler at Linden Lea Lodge regarding the fine gifts at Christmas to the residents at the Lodge it was the best Christmas they have had there for a long time. Also she thanked the Fire and Police Departments for their efficient and fast response time to their calls. Councilwoman Davis inquired about updated information regarding this case. Attorney Parker stated nothing has changed since the last report, but he would be meeting again with the attorneys on Thursday morning. Councilwoman Davis stated she did not like the City being divided by several other agencies such as the Post Office, the Legislative Districts are in fourths, and King County wants to divide us in half. She TUKWILA CITY COUNCIL MEETING January 6, 1975 Page 17 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Appreciation to the Street Dept. and Chamber of Commerce Council meeting January 11, 1975 Letter from Ed Bauch Climate in the Council Chambers City Hall site /033 suggested that the Council write to Paul Barden to place the district division line on either side of Tukwila and not through the middle. Mayor Todd agreed, stating that he would not like to have to move however to run from the Sixth District. Councilman Saul expressed his appreciation for the great job of snow removal by the Public Works Depart- ment. On behalf of the City Council, he thanked the Chamber of Commerce for their service to the communi- ty in a letter which he presented to Chamber President Frank Todd. Councilman Saul stated he was sorry the Chamber had disbanded. Councilwoman Harris requested the presence of City Treasurer Mae Harris at the January 11 Council meet- ing. Councilman Traynor requested policy guidance re: the Recreation Supervisor Dick Hunt in order to discuss it further at the next Monday Committee of the Whole meeting. Councilwoman Harris expressed her appreciation to Mr. Ed Bauch for his letter giving the Council a pat on the back for their work on the 1975 Budget. Mr. Rudolph Regel stated he had attended most of the budget meetings and wondered if money would be allowed to provide adequate heating in the winter and cooling in the summer for the Council Chambers, since it appears we will be meeting here for some time. Councilman Traynor stated this would be discussed during the January 11 meeting. Mayor Todd asked when he could expect a response to his letter to the City Council as to when the citizens could expect to vote on a City Hall site. Councilman Traynor stated he proposed to discuss this at the January 11 meeting of the Council. ADJOURNMENT MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT THE MEETING 10:40 P.M. ADJOURN. CARRIED. Frank Todd, Mayor Attest: J Shirl-e A. Kinney, City 'lerk