Loading...
HomeMy WebLinkAbout1978-06-12 Committee of the Whole MinutesJune 12, 1978 7:00 P.M. CALL TO ORDER AGENDA ITEMS DISCUSSED Ordinance regulating the construction, maintenance and operation of a cable communica- tions system within the City TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING M I N U T E S Tukwila City Hall Council Chambers Council President Van Dusen called the Tukwila City Council Committee of the Whole Meeting to order. ROLL CALL OF MABEL J. HARRIS, GEORGE D. HILL, J. REID JOHANSON, DANIEL SAUL, GARY COUNCIL MEMBERS VAN DUSEN. Mr. Jim Hurd, City of Seattle, was present to discuss the proposed ordinance regulating the construction, maintenance and operation of a cable communica- tions system within the City of Tukwila, Washington, establishing and defining terms, conditions, rates and charges, requirements, obligations and duties, and setting forth penalties. Mr. Hurd noted that he thoroughly reviewed the ordinance with the Community Affairs Committee. There were two items they felt should come back to the Council for decisions. One is the selling, leasing or repairing of television sets by the cable industry and the other concerns rates and charges. Mr. Hurd explained that the T.V. dealers claim that the cable industry could force many of them out of business because the cable industry can lease, repair and sell T.V. sets and add this additional cost to the monthly subscriber fees they are now receiving. The industry has a monopoly from the time the signal is received at the headend until it is transposed in the television sets in the homes. Most of the CATV ordinances being written contain a clause preventing the cable industry from the selling, leasing, or repairing television sets. He suggested that if Council decides to adopt this item it should be reviewed by the City Attorney for a legal opinion. Councilman Johanson asked if the Council Committee had recommended this and was told it came back from Committee with the recommendation that Council review the two items noted by Mr. Hurd. Mayor Bauch asked Mr. Hurd to explain the difference in the new draft ordinance and the existing ordinance. Mr. Hurd listed the following items as being new in the proposed ordinance. 1. Complete application procedures for anyone wishing to apply for a franchise. 2. Complete procedure for termination of the franchise. 3. Modification on FCC rulings preempting this ordinance. 4. Equal Employment Opportunity /Affirmative Action Plan. 5. Procedure for handling complaints. 6. Tukwila included in the South King County discrete area. 7. Unlawful to steal service. 8. Regulating the transfer of ownership of a Cable T.V. company. 9. Hearing examiner for rates and charges. 10. Consumer Protection Program. 11. Rights reserved to the City for emergency use. Mr. Ray Murphy, King County Television Service Association, spoke in favor of the clause not allowing the selling, leasing or repairing of television sets by the cable industry. He reminded Council that most cities have included it and asked Council to do the same. Mr. John Kirk, King County Television Service Association, noted two addi- tional items in speaking for inclusion of the selling, leasing or repairing clause. One is that the consumer should have the right to choose the sales and repair service they want and second, by allowing the cable industry to enter the sale and repair field could mean a loss of revenue from the existing sales and repair services. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 12, 1978 Page 2 Ordinance regulating the construction, maintenance and operation of a cable communica- tions system within the City Cont. Data Processing Project Park Place Rezone: From R -1 and R -3 to R -1, R -2, R -3, and R -4. Property south of Tukwila School 2/5 Councilman Harris asked how widespread the purchasing of television sets from the cable companies is at the present time. Mr. Kirk said that in the Washington area, it is minimal, but it is affecting the industry in California. Councilman Harris wondered if they are worrying needlessly because the gas and power companies have sold appliances for years and it doesn't seem that they have put any appliance stores out of business. Mr. Kirk stated he is not immediately worried but concerned for a future aspect. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE FOLLOWING PARAGRAPH BE INCLUDED IN THE ORDINANCE: No Grantee nor any major stockholder of a Grantee shall directly or indirectly engage within the City in the business of selling, leasing, renting, servicing or repairing radio or television sets or other receivers or parts thereof which make use of standard broadcast entertainment signals, provided that nothing therein shall prevent Grantee from making modifi- cations to the tuner input circuit of the subscribers tele- vision receivers and the fine tuning of the customers operating controls only, to insure proper operation under conditions of cable connection at the time of installation or in response to subscriber complaints, or from the selling, servicing or repairing receivers and other equipment belonging to other CATV system operators for use in the conduct of their businesses. MOTION CARRIED. Councilman Van Dusen asked Mayor Bauch if he would see that the City Attorney reviews this item and he was assured he would. Mr. Hurd reviewed the rates and charges section. He explained that a partial form of rate regulation is being written in CATV ordinances in many cities so that if the local government wishes, the industry's rates and charges may be reviewed and the use of a hearing examiner may be an option. Another form of rate regulation is, rates charged locally may not exceed those charged in the surrounding communities. Two options have been submitted to Council so they can decide which they want included. The first option is a complete hearing process. The second is a shorter form that reads, 'The Grantee shall charge no more for basic services in the City than is charged by the Cable industry in surrounding areas.' Mayor Bauch reminded Council that under the franchise, they can hold a hearing and review the rates. MOVED BY SAUL, SECONDED BY HILL, THAT THE SHORT FORM ON RATES AND CHARGES, INCLUDING THE HEARING EXAMINER REQUIREMENT, BE INCLUDED IN SECTION 5 OF THE ORDINANCE. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HARRIS, THAT THIS ORDINANCE BE PLACED ON THE AGENDA FOR THE.REGULAR MEETING OF JUNE 19, 1978. MOTION CARRIED. Councilman Van Dusen called Council attention to the Committee report on the Data Processing Project. He stated that the requests for proposals for consultant services are ready to mail to about 25 firms. This is just an information gathering process. Kjell Stoknes, OCD Director, reported that the Planning Commission held a public hearing on this rezone request and has recommended approval with eight stipulations. He went on to explain that the Comprehensive Map shows the property as being a small portion of multiple family to the south bordered by medium density, with the majority of it single family to the north. The applicant had detailed contour maps done and demonstrated that their proposal, which showed more high density, was consistent with the policies. The majority of the property is buffered by high knolls that buffer it from the single family. It can easily be interpreted to be consistent with the Comprehensive Plan. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 12, 1978 Page 3 Park Place Rezone: From R -1 and R -3 to R -1, R -2, R -3, and R -4. Property south of Tukwila School Cont. 8:00 P.M. Mr. Stoknes discussed the concept on the number of floors; basically, you can make a basement inhabitable and still not count it as a floor. He suggested making the following a condition of the rezone: "For the purposes of this rezone, any inhabitable basement or cellar area shall be defined as a floor." This is for the purpose of determining the number of floors only, not for fire related requirements. Councilman Saul asked how many units per acre are planned? Mr. R.W. Thorpe, representing Northward Development Company, referred to Page 57 of the Final Environment Impact Statement which shows an average of 13.19 units per acre. Councilman Traynor arrived at the meeting. Mr. Leonard J. Milbrandt, from the architect and planner firm of McCarty and Johnson, gave a slide presentation of the proposed site. The slides showed vegetation on the site and Mr. Milbrandt indicated that the proposed development covers only 49 percent of the site so a lot of the existing trees will remain. He discussed the greenbelt along the north property line and stated the school district has 60 feet of vegetation on their south boundary and the developer is proposing a minimum of 25 feet additional and in some places 40 or 50 feet. He discussed the access /egress down 62nd Avenue South and stated that the street would be widened and improved. He stated that they are trying to direct the traffic down 62nd Avenue and keep it off of South 153rd because of the narrowness of the road. It would be hard to widen this street because of how the area drops off into the ravine. He discussed the regrading of the steep incline at the south end of the nature trail and stated that the trail will be replaced in equal or better condition than it is now. Mr. Milbrandt gave Council copies of the floor plans for the proposed buildings and discussed the location of the buildings and the greenbelt areas. The main feeder road would run right down the middle of the property. To the north there is a fire lane from the cul -de -sac to the single family residence street. The lane will be blacked by a breakaway barricade. There is also an emergency exit to South 152nd that will be blocked by another breakaway barricade. The buildings have been planned keeping sound and view in mind. The basement units were designed because of the grade level. The top unit will be ground level on the west side. It looks like a one -story building at the back and a four -story building at the front. The height of the four -story building is 36 feet whereas the zoning ordinance limits height to 45 feet. There are only four units involved at the basement level that make the four story buildings. The recreation center is part of Phase Iand include$ tennis courts, a swimming pool and recreation building. Just north of the larger buildings there is a group of four plexes proposed. They are two -story townhouse units. There are 9 duplexes proposed on the north- west corner and 10 single family lots to the northeast. Councilman Harris asked about the single family units. Mr. Milbrandt said they would be sold to individual builders with design restrictions on them. There will be a "no build" zone at the back of each lot as a buffer. Councilman Harris asked if this is all condominiums and not apartments? Councilman Van Dusen asked if there would be a rental covenant in the agreements? Mr. Dick Gilroy, Northward Development, stated the covenants governing control of the project does not allow investor purchases in the units. Mr. Milbrandt showed slides of other developments they have done, stressinc the landscaping and how natural trees were used. Mr. R. W. Thorpe stated that the conditions under the rezone have all been worked out with staff. This could be called a "Planned Unit Development" and could be used as a model for a PUD Ordinance. The density in each of the zones is: R -4 22 units per acre R -3 10 units per acre R -2 8 units per acre R -1 3 units per acre TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 12, 1978 Page 4 Park Place Rezone: From R -1 and R -3 to R -1, R -2, R -3, and R -4. Property south of Tukwila School Cont. 9:05 P.M. 9:15 P.M. Certification of Extensions to Sewers System. 2157 These figures are the low end of all classifications. Mr. Thorpe briefly touched on many of the items discussed by Mr. Milbrandt. He stated that 50 percent of the site will be left in open space. They are proposing that all additional run -off be retained in underground facilities and released at the present rate to mitigate any impact on downhill systems. They met with the school district and find that the school can accommodate the additional enrollment. In conclusion, Mr. Thorpe stated that the development does reflect the Comprehensive Plan and asked for Council approval of the project. Councilman Van Dusen asked about the letter from Mr. Floyd Robbins, principal of Tukwila Elementary School. Mr. Robbins expressed concern in regard to the potential walking students from the new development. The students will find the most direct route from home to school through the woods. Mr. Stoknes said his interpretation was that Mr. Robbins would prefer some type of safe trail system. Mr. Thorpe said a main concern was the lighting of the area and he offered to check with Mr. Robbins again before Monday night. Councilman Harris asked if the development meets the requirements of the Recreation Space ordinance and was told that it absolutely did. Councilman Saul asked by allowing this rezone, what affect will it have on the adjacent property? Mr. Stoknes said it will probably promote some type of development with some single family and some multiple residence. North of the San Juans Council will probably be pressured for multiple zoning. Councilman Saul asked if, from the present city hall parking lot, you will be able to see this development and was told you will probably be able to see some of the roofs. Councilman Harris stated this is the type of planning she had hoped to see for some time and she commended the developer. Councilman Johanson stated he would like some assurance the traffic isn't going to sail right down South 153rd to the Tukwila Park. F1r. Thorpe stated that once 62nd is widened and improved, they hope the traffic will go that way. Mayor Bauch stated that, regardless of the configuration of the road, people are going to take the shortest route. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THIS ORDINANCE BE PLACED ON THE AGENDA FOR THE REGULAR MEETING OF JUNE 19, 1978. MOTION CARRIED WITH JOFIANSON VOTING NO. Council recessed for ten minutes. Council President Van Dusen called the meeting back to order with Council Members present as reported. Terence Monaghan, Public Works Director, explained that Metro is requiring certification from each jurisdiction on every sanitary sewer extension that will eventually get to the Metro system. They want the extension to be in compliance with the Comprehensive Land Use Plan. This means that if the City has an extension that is part in the county and part in Tukwila, both jurisdictions have to certify it. If it lies solely in the City, it does not have to be certified. The Resolution says that the certification shall be done by the legislative body or a designee. Since sewer extensions go through the Public Works Department, he is suggesting that he be appointed to certify all sanitary sewer extensions. MOVED BY SAUL, SECONDED BY HARRIS, THAT A RESOLUTION BE DRAWN DESIGNATING THE PUBLIC WORKS DIRECTOR TO CERTIFY ALL SEWER EXTEJSIONS AND PLACED ON THE AGENDA FOR THE NEXT REGULAR COUNCIL MEETING. Mr. Monaghan explained that the intent is to stop sewer extensions into land that is designated for a different use. Councilman Hill asked if this will give the City a lever to control the development in the County adjacent to the City. Mr. Monaghan said that is the intent of the Resolution. Mr. Stoknes said this should help avoid the argument on rezoning because the sewer facility is there. MOTION CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 12, 1978 Page 5 Water Service to WEA SPEEA Projects Design Services for Southcenter Blvd. Phase II Request by Bruce Morgan to use right -of -way along Southcenter Blvd. for parking. Terence Monaghan explained that the proposed WEA and SPEEA Buildings at the corner of Southcenter Boulevard and 52nd Avenue South are in the Water District 125 service area. The nearest water service they have is a 10" line at 42nd Avenue South and South 154th. This is 3,400 feet and the estimate to run this line down to the site is about $68,000. Water District 125 has asked if the City of Tukwila would consider serving the project. They could tape the City main and run an 8" line to the property for a cost of approximately $34,000. This cost would be borne by the developer or the Water District. We would have to wholesale water to the District and at the present time there are no provisions for a wholesale rate. It was discussed to have them disenfranchise from the Water District but sounded like the Water District would not do this. If the City allows this connection, it will only be temporary and the line could eventually be used as an intertie between the two Water Districts. Mr, Monaghan said the most viable alternative is to allow them to connect. There is another problem. 51st Avenue South is designated as a collector arterial on the Comprehensive Street Plan. This street lies half in the City and half in the County. By definition it is a 60 foot right -of -way. At the present time the road is 40 feet with a 20 foot undeveloped right -of -way on the Tukwila side. When this right -of- way was condemned, a portion on the property to the north was omitted. The site plan for the two buildings proposes to use the City right -of -way for parking. They are asking permission from the City to temporarily use this area. Mr. Monaghan asked,how do you take care of the land- scaping? If you do allow this, is this parking part of that required for this building? He suggested that the City allow the use of this property with the agreement that the remaining right -of -way will eventually be given to the City. The development of the street could be twenty years away. He stated he would be back to Council with a Staff report on the parking problem. He further said he needs concurrence from Council to go back to the Commissioners of the Water District if Council agrees to sell water to them and allow the temporary connection. Council agreed to allow Mr. Monaghan to go back to the Water District and say the City is agreeable to a surveyor agreement. Mr. Monaghan reported that he has received a proposal from U.R.S. to provide engineering services for Phase II of Southcenter Boulevard. This is from 65th Avenue South to Interurban Avenue and is an F.A.M. approved project. It is budgeted for 1978 but will probably not be ready for construction until 1979. When this project was submitted for funding,the section from 62nd Avenue South to 65th Avenue South was omitted. The request is being submitted now. He suggested that the City have the engineering done from the complete job then separate them and bid them as the funds are available. There is money enough to pay for this engineering out of the 1978 budget. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THIS ITEM BE REFERRED TO THE REGULAR MEETING OF JUNE 19 TO APPROVE U.R.S. AS THE ENGINEERS FOR THIS PROJECT AND A BUDGET AMENDMENT BE PREPARED TO ALLOW THE DESIGN OF THE SECTION FROM 62nd AVENUE SOUTH TO 65th AVENUE SOUTH. MOTION CARRIED. Mr. Monaghan explained that Mr. Bruce Morgan is proposing to build an office building on the northwest corner of Southcenter Boulevard and 62nd Avenue South. He is asking the City to allow the private use and development of a portion of the excess right -of -way along the north side of Southcenter Boulevard. Mr. Monaghan discussed alternatives on this proposal and the problems each one presents. He recommended, if the Council is going to consider it, that they consider granting him an easement to allow the internal movement on the property. Mr. Morgan submitted scale drawings to illustrate the proposed improvements. He explained that the proposal is a developmental concept which would alleviate any potential traffic congestion at the north end of the 62nd Avenue South "S" turn where two -way traffic access is now provided from the new construction site. This proposal makes it possible to provide a one -way traffic circulation pattern within the entire commercial tract south of 62nd Avenue South. All traffic entering the tract would utilize a left -turn lane on 62nd Avenue South at the top of the "S" turn. All traffic would exit via two right -turn only exits each a safe distance from the intersection of 62nd Avenue South and Southcenter Boulevard. This pattern will provide for a TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 12, 1978 Page 6 Request by Bruce Morgan to use right -of -way along Southcenter Blvd. for parking. Continued. Architectural Review Ordinance requir- ing installation of smoke detectors. Health Dept. Contract Alternatives. 2! standard fire lane on all sides of the building designed for the lower parcel. The proposal provides additional parking along the southerly fire lane. Mr. Morgan explained that the building is scaled for their property site with the required amount of parking. The proposed parking south of the fire lane is just additional parking. Mr. Monaghan stated that the turn -back property under discussion is excess property the City has no need for. A lease for this would have to be very clear and come back to Council for approval. Councilman Traynor expressed concern over the proposed exit being as close to Southcenter Boulevard as it is. Mr. Morgan said it would be 60 feet to 70 feet back from the stop sign. Mr. Stoknes expressed concern over the visual impact of the property. With the asphalt in front of the buildinc,something is needed to buffer the building to give a more pleasant effect. He recommended that any contract should have Planning Commission review and approval. Mr. Morgan said they already have to have Planning Commission review and will be getting back to them. Councilman Saul asked if, by giving them this lease,is it possible to build a bigger building and he was told no, it just expands the parking. Mr. Monaghan recommended that Council allow Mr. Morgan to draw up a lease for their review addressing two issues: the access issue and the parking issue. Mr. Morgan stated that their proposal will be linked to an agreement whereby the developer will install and maintain appropriate landscaping on the entire remainder of the excess right -of -way property. This would be accomplished at no cost to the City. Council agreed to let Mr. Morgan come back to them with a proposed lease for review. Councilman Traynor asked what it would take to have an architectural review of all Commercial /Industrial buildings. Mr. Stoknes said Staff could draw up a proposal. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCIL REQUEST STAFF TO COME BACK WITH A PROPOSAL TO REQUIRE ARCHITECTURAL REVIEW OF ALL INDUSTRIAL AND COMMERCIAL BUILDINGS. MOTION CARRIED. Council President Van Dusen called attention to the choices Council must make on Page 2 of the proposed ordinance on the installation of smoke detectors. Councilman Traynor explained that the difference is the first choice includes all existing dwellings and the second choice is for buildings rented, leased, sold or let. Under Section 2.2 the three choices are "new or existing or when sold MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT THE SECOND CHOICE BE INCLUDED IN SECTION 2.1 OF THE ORDINANCE. MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT SECTION 2.2 OF THE ORDINANCE READ "NEW OR WHEN SOLD MOTION CARRIED. MOVED BY SAUL, SECONDED BY HARRIS, THAT THIS ORDINANCE, AS AMENDED, BE INCLUDED ON THE AGENDA FOR THE NEXT REGULAR MEETING. MOTION CARRIED. Mayor Bauch included the letter on the Health Department Contract on the agenda for Council information. He reminded them that they passed a motion to negotiate this contract. He stated that he feels they should wait and continue negotiations. He recommended that Council reaffirm their previous motion to continue negotiations. MOVED BY HILL, SECONDED BY SAUL,THAT COUNCIL ACCEPT THE RECOMMENDATION OF THE MAYOR. MOTION CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING June 12, 1978 Page 7 Leasehold Excise Tax Reschedule Regular Meeting of July 3 to July 5. ADJOURNMENT: 10:42 P.M. Mayor Bauch stated that the proposed ordinance is a standard one and if Council doesn't pass it the City will not get the 4% Leasehold Tax distributed back to us. We have to pay the 12% to the State but will get 4% back. MOVED BY SAUL, SECONDED BY HARRIS, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE NEXT REGULAR COUNCIL MEETING. MOTION CARRIED. Mayor Bauch noted that July 3rd is a Boeing Holiday. He stated there might not be quorum present and suggested changing the meeting to the 5th. This item should be forwarded to the next regular meeting for official action. In the mean time, the Mayor offered he would check with the Attorney for the legal procedure. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE COMMITTEE OF THE WHOLE MEETING BE ADJOURNED. MOTION CARRIED. ,`Council President P ax4ne/Anderson, City Clerk