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HomeMy WebLinkAbout1981-03-23 Committee of the Whole MinutesMarch 23, 1981 TUKWILA CITY COUNCIL 7:00 P.M. COMMITTEE OF THE WHOLE MEETING PLEDGE OF ALLEGIANCE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS REPORTS Mayor Council Members Others OLD BUSINESS Approval of Minutes Prop. Gambling Ord. MINUTES Tukwila City Hall Council Chambers Council President Van Dusen led the Council and audience in the Pledge of Allegiance and called the Tukwila City Council Committee of the Whole Meeting to order at 7:06 P.M. LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, DORIS E. PHELPS, Council President GARY L. VAN DUSEN. None presented. Council President Van Dusen asked the Committee Chairman of each committee to inform the City Clerk of the items they have in committee so the lists can be brought up to date. None presented. MOVED BY HARRIS, SECONDED BY HILL, THAT THE TUKWILA CITY COUNCIL APPROVE THE MARCH 9, 1981 AND MARCH 16, 1981 MINUTES OF THE COMMITTEE OF THE WHOLE MEETINGS AS PUBLISHED. Councilman Bohrer said he had not received a copy of the Minutes of the meeting held March 16, 1981. MOVED BY BOHRER, SECONDED BY PHELPS, TO AMEND THE MOTION AND APPROVE THE MARCH 9, 1981 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING AS PUBLISHED. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Acting Police Chief Lowery said some general information on gambling has been collected in Tukwila, showing four establish- ments were in operation in Tukwila. The business hours are from 6:00 a.m. to 2:00 a.m.; the maximum number of tables is 5; maximum capacity per table is 8; the charge per player is $1.00 per one -half hour of play. The suspension of license is applied toward the owner of record and not the establishment. There must be a balance between gambling and food and beverages sold. The gross gambling (cardroom, pull tabs) income less taxes and prizes cannot exceed gross revenue of food and beverage. There is presently a bill in the legislature to reduce the local tax to 5 At present there is a 10% tax on the cardroom area, 5% on pull tabs and punchboards, and 0% on casino night. With an overhead projector he showed ratio of food and beverage business to gambling business. He said four gambling establishments had been visited on two different dates at different times. He reported that at the Golden Nuggett Cardroom on March 17, 1981 at 5:30 p.m. the Police had found 39 players present (maximum occupancy 40), 1 dealer, 2 in waiting area, 7 on board, 9 in the bar and 2 in the restaurant. At the Silver Dollar on March 17, 1981 at 6:00 p.m. they found no gambling activity, 2 pull tabs with no players, and the bar and restaurant crowded. At the Riverside on March 17, 1981 they found 3 tables in the cardroom with about 22 players, 10 persons in the bar, and 5 or 6 people in the restaurant. On another date when visits were made the proportion was about the same. On March 23, 1981 there was a Casino Night sponsored by the Federal Way Boys and Girls Club. There were 96 patrons, 19 staff. In the cardroom there were 2 full tables, 1 waiting, 3 in restaurant and 5 in the bar. On Casino Night the club sponsoring gets $5,000 and anything over that is split. They also give out door prizes. The City does not get anything from this. The owner of the establishment gets $200 for the space, plus the food and beverage that they sell. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 23, 1981 Page 2 OLD BUSINESS Contd. Prop. Gambling Ord. contd. Councilman Harris asked if there had been any arrests made due to violations. Police Chief Lowery said the violations had been such as an employee not displaying his badge, etc. He said at one time the Golden Nuggett was the victim of a holdup. Larry Hard, City Attorney, said the proposed ordinance prohibiting gambling is as comprehensive as he could draft taking the strictest action on gambling. It also has provisions that all activities are taxed. If gambling is going on illegally it allows the City to tax it and it is a separate violation. Bill Levinson, attorney for the Golden Nuggett, said he had several petitions he would like entered in the record. One petition was circulated among the businesses on Interurban Avenue; one is a player and customer support petition; the other is a resident support petition. He said 80% of the people contacted signed the petition. He said the gambling benefits the community. Many depend on it for their living in that it provides jobs for a large number of people. The number of serious violations have been minimus. If there were to be serious violations they would have occurred by now. Gambling contributes to the economy of Tukwila. The industry attracts business. The people of the State of Washington and the City decided this was an activity they wanted to participate in. The proposed regula- tions are strict. If gambling exists in the City the establish- ment has the State Gambling Commission and the Liquor Board to answer to. They have to report everything and the records are open to everyone. People who want to play cards will do it whether it is legal or illegal. You have seen the businesses in Tukwila are complying with the law. Many people are going to be effected by this action of prohibi- ting gambling in the City, which would have an impact on the community. These employees, by being employed in the City, spend money in the City. This is evident by the number of business men who signed the petition. Councilman Bohrer asked how this effects the average citizen who is not a gambler. Mr. Levinson said the City has a sergeant and patrolman who are employed by the City because of the revenue that comes in from gambling. Councilman Bohrer said the police officers have plenty of work other than controlling gambling. Earlier in the meeting it was said that the patrolling exceeds the need. Mr. Levinson said he could not make judgment as to the needs of the City. The businesses are law abiding. He said he did not advocate activities that promote lawlessness. Joe Duffy, Tukwila, said he has lived in Tukwila for 11 years. We have a beautiful City. We do not need gambling in the City. He said he lived behind the Golden Nuggett and the petition was not brought to him. He would not have signed it. Edward Reidcarney, Local 8, said he was a cook in Seattle when the cardrooms were taken out of Seattle and he saw the people who lost their jobs. He said he would hate to see the cardrooms taken out of Tukwila. The problems that have existed because of them have been taken care of. COUNCILMAN SAUL ARRIVED AT THE MEETING AT 8:00 P.M. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 23, 1981 Page 3 OLD BUSINESS Contd. Prop. Gambling Ord. contd. 3 P -i i Shirley Gasparovich, Edmonds, said at one time she was part owner of the Golden Nuggett. She asked that the Council listen to what the people are saying when they say they want gambling in Tukwila. They are saying they will lose their jobs and they will have less money to spend in Tukwila. There has been an ordinance for gambling for 6 years and there has been no trouble. The action the Council is contemplating now stems from the fact that the Riverside was going to be sold and the notoriety of the intended buyer caused the City Council embarras- sment. The Riverside is now back in the hands of the original owners. She said they have always tried to never deviate from the rules set down by the Gambling Commission and the State. The violations have been minor, such as an employee having his name tag covered. It is up to an employee to be responsible for his name tag. She said they took the Golden Nuggett and invested a lot of money and everything that was made went into the business. The new owners are going to continue with the remodeling. The food and liquor business needs the stimulus of the cardroom to survive. Councilman Bohrer asked if all of the people who read the article in the newspaper would get the information that the Riverside is not being sold to a notorious individual. Mrs. Gasparovich said not all of the people would know about it, but there should be a retraction in the newspaper. Councilman Bohrer said many people would not get the message and they are left with a negative impression of the City. Councilman Hill said it had been mentioned that the cardroom stimulates business. He said he had heard that a true card player drank coffee rather than liquor. Mrs. Gasparovich said that is right, the employees regulate the amount of liquor that a person drinks in the cardroom. Many people come in, husbands and wives, and they eat and then play cards. Robert Davis, employee at Riverside Inn, said he was out of work for a year and has been working for 15 months at the Riverside Inn. He went to 300 400 places looking for work until he was employed at the Riverside. He said he helped collect the signatures on the petitions. He spoke to about 275 people and got 264 signatures. He said he would hate to lose his job. Cameron Morehouse, Tukwila resident for 22 years, said the Police Chief's survey of 4 visits to the Riverside and to the Golden Nuggett were between the hours of 4 p.m. and 6 p.m. Most people go out later than that for dinner and that is why the cardrooms were busier than the restaurant. If the survey were made at 10 p.m. there would be many more people dancing and eating. He said it appears the City is hurting because they are receiving nothing from Casino Nights. The boys and girls clubs do need funds. They should be allowed to go ahead and do this in order to get contributions. We do not have any petitions that have been raised by the people who do not want gambling. Councilman Bohrer said he and Council President Van Dusen surveyed the same placesthe Police Department did at a later hour and they could not see any differencein the ratio of people playing cards and in the bar and restaurant than that reported by the Police Department. They went between 8:30 and 9 p.m. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 23, 1981 Page 4 OLD BUSINESS Contd. Prop. Gambling Ord. contd. Ann Rogerson, audience, said she plays cards at the Golden Nuggett and she thought it was one of the best run places she has been in. It is a way of socializing. She said she thought it would be a shame to put 200 people out of work. Councilman Bohrer asked how many people work there? Mrs. Rogerson said one is so well served there that it seems like 200. Ray Perue, Tacoma, said he was a returned merchant seaman and plays at the Golden Nuggett and the Riverside. They are two of the quietest places he has been in. Prior to the opening of the cardrooms in Tukwila there were five cardrooms being run near Rainier Beach that were illegal. Now there is only one. These cardrooms are a wonderful outlet for people. They do not have to look over their shoulder because they are playing legally. Jack Sherman, Gambling Commission, said he had contacted all of the cardrooms throughout the State and there are none that are better run than the ones in Tukwila. Somehow people associate crime with gambling. In Seattle they do not have cardrooms, pull tabs, or punch boards, so compare the crime rate with Seattle. Gambling has been referred to as a vice. It is moral and legal the way it is run in this City. The poker game was previously run by the dealer. The State of Washington now rotates it between the 8 players. They know what the laws are and they see that the game is run on a legal basis. We could have illegal games that would attract a different type of people. The City of Tukwila is a big improvement over what it used to be. Larry Mucklet, 1458 58th South, said he works at the Golden Nuggett. He was out of work for 12 years and was able to get a job there. He will be out of work if gambling is prohibited. He said he likes his job, he dresses nicely and meets many fine people. Chuck Losed, Restaurant Association of Washington, said he has been with the Restaurant Association for many years, and was with them when the gambling referendum was passed. He said he hoped the people of Tukwila would support the gambling issue. Ida Carrie, audience, said she was out of work for a long time. She goes to the cardrooms and she shops in Tukwila. Ron Baker, audience, said he lived in Renton and was concerned that one of the few areas in Puget Sound is in jeopardy. He plays cards for relaxation. He wants to feel safe when he plays cards. The cardrooms are well lighted and there is plenty of parking; they are not rowdy, and there are no thieves. The players help police the games. The clientele who play are nice. There are ladies present. The people like to play and do it for relaxation and recreation. You get to play for a fair value of money. The places are clean and you can get good food at a fair price. Some other places outside of Tukwila are far different. He said he was impressed by the efficiency of their operation. He found the places fun to be in. We should be proud of the way these establishments are run. Councilman Phelps asked about the proposed legislation limiting the local tax to 5 Mr. Kaiser, Gambling Commission, said the proposed 5% tax limitation has passed out of the Senate Committee and is before the House Committee. It has not passed yet. The advocates want to put a limit on the taxes. He said he did not know of any cities or counties who are taxing casino nights. Councilman Bohrer said so far we have had a number of discussions with the business people and patrons, but none from residents. Probably the reason for this is that we have not called for it; we have not asked for a public hearing. On matters such as this we should call for a public hearing and have it at a place, perhaps the school, where the public can be accommodated. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 23, 1981 Page 5 OLD BUSINESS Contd. Prop. Gambling Ord. contd. RECESS 8:40 -8:55 P.M. Prop. Res. to designate Southcenter Blvd. into Forward Thrust Project. Zoning Meeting Schedule. NEW BUSINESS Campanella Waiver Application for a mixed -use residential/ office complex. Council President Van Dusen said the evening of April 20 could be devoted to a public hearing to get input from the public. If there is an ordinance it will be considered at a regular meeting (The date for the public hearing was later changed to April 27, 1981, Committee of the Whole Meeting.) The petitions that were made a record of this meeting are on file in the City Clerk's office. MOVED BY HILL, SECONDED BY SAUL, THAT THE COMMITTEE OF THE WHOLE MEETING RECESS FOR TEN MINUTES. MOTION CARRIED. The Committee of the Whole Meeting was called back to order by Council President Van Dusen, with Council Members present as previously listed. Councilman Hill said the proposed resolution was discussed in the Public Works Committee. Ted Uomoto, Director of Public Works, said the purpose of the proposed resolution is to identify Southcenter Boulevard as part of the Street Improvement project to be eligible for Forward Thrust funds. We have approximately $25,000 of unexpended Forward Thrust funds and King County has $5,615 for use as undergrounding. Councilman Hill said $25,000 is for the study. Councilman Phelps said a study was performed by one consultant, can this be used? Mr. Uomoto said URS designed a certain portion of it, but he said he was not familiar with it. Councilman Hill said some of it can be used. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION DESIGNATING SOUTHCENTER BOULEVARD INTO FORWARD THRUST PROJECT BE ON THE AGENDA OF THE APRIL 6, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Council President Van Dusen said the proposed zoning ordinance meeting schedule will be mailed out to those on the mailing list. Mark Caughey, Acting Planning Director, said Mr. Campanella was requesting a preliminary waiver approval for a mixed -use residential /office complex. The recommended action is to approve the request for waiver. Mr. Joel Gordon, Seattle, representing the developer, said this property has rather a long history in the attempts to develop it. In 1978 it was proposed to develop 62 units on 1/2 of the property. This request was denied. Then there was a request for 106 units on all of the property. This was denied. In July 1979 a request for 92 units was made. The City Council considered this and rejected it, but said they would approve 76 residence units. In January we again asked you to consider 92 units because it was not economically feasible to develop with less than that amount. He said they had now come up with a plan that would address all of the concerns. The new proposal is for seven 4- plexes of 28 units and three 16,000 square feet office buildings, with the bottom story being covered parking. In terms of circulation, the 4- plexes are served by 56th Avenue South. There is no access from Interurban. The office building access is on Interurban. When the City did a traffic study on 56th Avenue they said it had less than one -half its capacity in traffic. They have had soils studies done and it indicates there would be no problems. The 4- plexes would conform to the City desire to have residential on top and the commercial part would be on Interurban. This would TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 23, 1981 Page 6 NEW BUSINESS Contd. Campanella Waiver Application for a mixed -use residential/ office complex contd. 3 )1_14, take care of the previous problem regarding the lower shelf when Council expressed concern that it was not appropriate to have residential on a busy street. It is projected for office development such as they are proposing in their project. There is good freeway access, the lower shelf would be good for people who wanted to buy condominiums and live above the commercial area where they worked. This project has a good transition. The buildings on the lower shelf do not block the view. In terms of overall benefit this project provides good buffer for the zone. It is mixed use. It is providing a type of office that is needed within the City. It is across the street from the golf course. He said they have tried to set the buildings into the slope to maximize the view and leave the trees. All of the parking is covered. This is a development where we will meet the City's goal in the Comprehensive Plan. There is a good buffer. He said he thought this was a project that the City would be proud of. Mr. Gordon showed charts of the overall project and the cross sections. The height of the office buildings will be 35 feet and wood and earth tones will be used on the exterior. Councilman Saul asked if the access on Interurban Avenue has changed? Mr. Campanella said not, there are two curb cuts on Interurban and two on 56th. Councilman Bohrer asked if the building area would be 16,000 square feet? Mr. Campanella said it would be 18,000 overall, 16,000 in net rentable area. Mr. Campanella said the third floor is set back a little, the net rentable area on the third floor is 7,800 square feet, second floor is 8,500 square feet and the ground floor is core, elevators, stairs, and some storage space, nothing rentable. The net rentable space will vary according to the needs of the tenants. Councilman Bohrer asked how many employees would be contained in one building? Mr. Campanella said it would depend on the occupancy of the suite. The Building Department code would establish that. Councilman Bohrer asked what the hard surface area would be on this project versus the 72 unit proposal the Council approved? March Caughey, Acting Planning Director, said the paved area is 72,750 square feet for the complete project. Councilman Bohrer said the elevation contours are not shown too clearly on the map. Councilman Hill asked if that is berm along Interurban? Mr. Campanella said it was. Several Council Members stated the new proposal was a good one. Councilman Bohrer said in other property that is being developed down the avenue a restriction has been placed that the toe -of- the -slope cannot be cut into more than 25 feet. This represents 45 feet. Mr. Campanella said in terms of the depth of the cut it is less than they previously proposed. Mr. Campanella said there would be landscaped cuts. Councilman Phelps asked where the sidewalks would be located? Mr. Campanella said there will be a continuous walk to tie in all of the buildings. Council President Van Dusen said the sidewalk will take a separate wiaver. Mr. Campanella said he was aware of that, the sidewalk will be outside the berm. MOVED BY SAUL, SECONDED BY PHELPS, THAT THE CAMPANELLA WAIVER APPLICATION BE ON THE AGENDA OF THE APRIL 20, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 23, 1981 Page 7 NEW BUSINESS Contd. Christensen Group Hotel Waiver. /(17 March Caughey, Acting Planning Director, said the applicants are requesting approval of a preliminary waiver in order to construct a 250 room, 8 story hotel with food /beverage service and meeting facilities. He said it was the staff recommendation that the waiver be granted with following stipulations: Site plan shall be revised to reflect compliance with the provisions of the Tukwila Shoreline Master Plan; as part of the application material submitted to the Planning Commission for conditional use permit approval applicant provide a diagram locating all existing trees on the site which have a trunk diamter exceeding 6 inches. This would be in accordance with the Council's intent that such trees be retained as a visual enchancement to the site. Mr. Kenneth Baines, Christensen Group, said the Ramada has 51/2 acres across the street from the entrance to Longacres. They wish to develop a 250 room hotel with Denny's restaurant in front. It would be an 8 -story building. The facilities that are planned will require 250 rooms and the 8 stories. The restaurant will be on the bottom floor and the meeting rooms will be on the second floor. There is an encroachment and the solution is to move the structure closer to the West Valley Highway. He said they intend to honor all of the Council requirements. Councilman Phelps asked if they have done a feasibility study? She asked if they knew the occupation rate of the two Doubletree hotels? The 250 room project seems quite ambitious. Mr. Baines said they were talking about a rate of $45 to $47 for the convention rooms. There will be a few suites. Mr. Caughey referred to one of the exhibits and said the line represents a 30' foot easement. It is measured from the top of the bank. He said the project would have to comply with the Shoreline Act and he suggested that be added to any motion that is made. Councilman Phelps asked what other Planning Department documents are required on this? Mr. Caughey said a Shoreline Management Permit, Conditional Use Permit, all SEPA requirements, and the Board of Architectural Review. Councilman Phelps said the height is not really a concern right next to I -405, but the traffic caused by 250 rooms would be a concern. Councilman Bohrer said the height is not a great concern but that is a particular area that is attractive and particular atten- tion to that river front is in order. Mr. Caughey said the exterior light will be adequate for security purposes. Councilman Phelps said the traffic would be a major concern. Mr. Baines said there will be two curb cuts; one will be for right turns only. Council President Van Dusen said this matter should be discussed again at the Committee of the Whole meeting on April 13, 1981. There is the traffic problem and other matters that need to be discussed on this project. Benaroya (Parkway Plaza Councilman Phelps said it was the recommendation of the Finance West) Tax Lot Configur- and Personnel Committee to send a letter of agreement. ation. MOVED BY HILL, SECONDED BY SAUL, THAT THE BENAROYA TAX LOT CONFIGURATION BE ON THE AGENDA OF THE APRIL 6, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 23, 1981 Page 8 NEW BUSINESS Contd. Budget Transfer Motion: Funds for Meter Reader in Sewer Dept. Sunwood Utility Turnover. Water Purveyor's Interlocal Agreement. AWC Conference ADJOURNMENT 10:45 P.M. 3/ (&1' Ted Uomoto, Director of Public Works, said in the past the Water Department has paid the full cost of reading water meters. These meter readings are also necessary for billing sewer and metro charges and the Sewer Department should participate in the cost of reading the meters. The first six months of each year the Water Department pays costs. The last 6 months of each year the Sewer Department pays costs. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED BUDGET TRANSFER MOTION BE ON THE AGENDA OF THE APRIL 6, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED, WITH BOHRER VOTING NO. Councilman Hill said this item has come out of the Public Works Committee. It was the conclusion of the Committee that the water system is a loop system and it is beneficial to the City and we should maintain all main lines. Councilman Saul said he thought the City was committed to water and sewer utility turnover. Discussion followed regarding the ability of the City to get to the utilities. Councilman Hill said the developer has suggested that the City contact a sewer maintenance company to see what it would cost to have them maintain it. Mr. Dally, Developer of Sunwood, said the steepness should preclude any blockage problems. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE CITY ACCEPT THE WATER AND SEWER UTILITY TURNOVER AS INDICATED IN THE EXHIBIT ATTACHED TO THE PROPOSED RESOLUTION AND IT BE ON THE AGENDA OF THE APRIL 6, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Councilman Hill said the water purveyor's interlocal agreement had been discussed in the Public Works Committee. It is an agreement whereby the participants agree to pay their share of an independent water rate study to determine that the contract proposed by Seattle for future rates is fair and equitable. Tukwila's share is $1,600 to $2,100. MOVED BY HILL, SECONDED BY SAUL, THAT A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE WATER PURVEYOR'S INTERLOCAL AGREEMENT BE ON THE AGENDA OF THE APRIL 6, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Ted Uomoto, Public Works Director, said someone from the Council should be appointed to be a representative of the City to serve on the Regional Water Purveyor's Committee. Minor Remodeling at Tuk- Phil Fraser, Senior Engineer, said they would like Council author wila Comm. Ctr. appro- ization to call for bids to provide the minor remodeling of the val to call for bids. Community Center. Phases 1 through 5 will amount to $23,845. In order to meet the July 1 deadline, advertising for bids should be done on April 7, 1981. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE PUBLIC WORKS DEPART- MENT BE AUTHORIZED TO CALL FOR BIDS ON THE REMODELING OF THE TUKWILA COMMUNITY CENTER. MOTION CARRIED. Councilman Saul said the AWC Convention will be June 16 19, 1981 in Yakima. MOVED BY SAUL, SECONDED BY HILL, THAT THE COMMITTEE OF THE WHOLE MEETIN J -M0- _CARRIED. Gary". VanlTusen, Council President Norma Booher, Recording Secretary