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HomeMy WebLinkAbout1981-05-12 Committee of the Whole MinutesMay 12, 1981 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS REPORTS Council Members OLD BUSINESS Approval of Minutes: Zoning Mtg. 4 -14 -81 4 -28 -81 Comm. of Whole 4 -27 -81 Gambling Ordinance M I N U T E S GEORGE D. HILL, J. REID JOHANSON, DANIEL J. SAUL, Council President GARY L. VAN DUSEN. Council President Van Dusen said he would be absent from the City for 10 days. During his absence Councilman Saul would be Acting Council President. 3 .20 TUKWILA CITY COUNCIL City Hall COMMITTEE OF THE WHOLE MEETING Council Chambers Council President Van Dusen led the City Council and audience in the Pledge of Allegiance and called the Committee of the Whole Meeting to order at 7:05 p.m. Council President Van Dusen introduced Teresa Julnes, Intern Analyst, to the City Council and the audience. She presented her qualifications and plan of work for the Council. Council President Van Dusen said Dennis Hidell has been an excellent intern. It has been alearning process for him and he has given the Council relevant information for the decision making process. He proposed that the City not lose his expertise and retain Mr. Hidell for special projects (budget, salary plan, City Manager, etc.) and for the possible conduct of the 1982 labor negotiations. He said if this meets with preliminary Council approval, he would suggest approx- imately $5,000 be allocated in the 1982 budget for this purpose. The payment for 1981 services could come from professional services. Council President Van Dusen suggested the hourly rate of $8 to $10 an hour as a rate of pay. MOVED BY SAUL, SECONDED BY HILL, THAT THE COUNCIL APPROVE THE ZONING MEETING MINUTES OF APRIL 14, 1981 AND APRIL 28, 1981 AND THE COMMITTEE OF THE WHOLE MEETING MINUTES OF APRIL 27, 1981 AS PUBLISHED. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT ITEM (C), GAMBLING ORDINANCE, BE CONSIDERED AT THIS TIME. MOTION CARRIED. Pat Lowery, Chief of Police, said he would like to see the ordinance tightened with regard to Casino Nights. Also, that there be an annual review of all records by a committee that would include the Police Department, the Finance Committee, the Mayor, and others. This review should also include inspection of the previous year's financial statements. He said he was sure the cardroom licensee will have matters to discuss with the City and the City to discuss with the cardroom licensees. This should be a two -way street. Chief Lowery said the Police Department would like a copy of every report that the cardrooms submit to the State and Gambling Commission. If an establishment is offered for sale or there is a transfer of ownership the Police Department would like to know as soon as the Gambling Commission is notified. A transfer of ownership should not be made without the permission of the administrative body of the City. Chief Lowry said the Police Department would also like to know if there is going to be any change in the administration or management of a business. If there is going to be a change, the Police Department would like to know the names and how it is going to affect the overall management. In a year the Police Department may want to make some more changes. Larry Hard, City Attorney, said in the latest draft of the ordinance there is a requirement for an annual review by the Council. Another section provides the City should get copies of any report filed by the licensees to the Gambling Commission. Section 3 prohibits fund raising activities. If you do not want to prohibit the fund raising activities then there is an alternate TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1981 Page 2 OLD BUSINESS Contd. Gambling Ord. contd. Section 3 that can be put in the proposed ordinance that would tax fund raising activities. Green River Eastside Watershed Project. Mr. Hard said in talking to Mr. Lane, an Assistant Attorney General, he said the City could prohibit fund raising activities or tax them. P1r. Hard said fund raising activities are limited by State law to $5,000 for their own activities. If more than that amount is raised, it has to be turned back to the audience. A 10% tax imposed by the City would come out of the $5,000. Most jurisdictions do not tax fund raising activities. Councilman Saul said in reviewing Reno nights that go on from noon until one or two in the morning there is a lot of money that changes hands. MOVED BY SAUL, SECONDED BY HILL, THAT THE COUNCIL ADOPT THE PROPOSED ORDINANCE ELIMINATING RENO NIGHTS, AND REQUIRING ALL OF THE REVIEWS AND SUBMITTAL OF REPORTS THAT HAVE BEEN DISCUSSED.* Councilman Hill asked if this proposed ordinance would prohibit nonprofit organizations from having bingo nights? City Attorney Hard said certain State laws allow certain charitable organizations to conduct bingo nights. Chief Lowery said bingo and raffles are permitted by State law. Councilman Hill asked how many cities have restrictions on Reno nights? City Attorney Hard said he could not answer that question, it is a local option. *MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE ON THE AGENDA OF THE MAY 19, 1981 REGULAR COUNCIL MEETING. City Attorney Hard said Section 1 says there will be certain reviews by the Council every 12 months. It may be done by a committee. He said he would work out the wording with the Police Chief. There will be an administrative type of review. *MOTION CARRIED. Ted Uomoto, Director of Public Works, said there will be a meeting of the Basin Executive Committee next Tuesday in the afternoon to determine boundaries. Mr. Uomoto introduced Mr. Donovan Tracy of the King County Department of Planning. Mr. Tracy said King County and the Valley cities have been working on the Eastside Watershed Project for a number of years. They have reaffirmed their commitment to move ahead. The Eastside Watershed Project primarily serves the cities of Renton and Kent, although there is a part of Tukwila that is served. The project contains about 12 miles of drainage channel, a pump, two storage ponds that serve Renton and Kent areas, and a portion of Tukwila. Mr. Tracy said a second project is the Westside Watershed Project which serves Auburn and along the western side serves Tukwila. Another project is the Corps of Engineers analysis of the levees along the Green River, and looking at ways to improve those levees for the purposes of improving their safety as well as increasing the river carrying capacity. There are sponsorship requirements of local government for all three of these projects. The major activity right now is the development of a financial plan to meet the local sponor require- ments for the Eastside project. Also, there is the acquisition of the right -of -way for the channel, roadways, bridges, and TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1981 Page 3 OLD BUSINESS Contd. Green River Eastside Watershed Project contd. 3.20 4 utilities. This project will cost about ten million dollars. It was agreed in 1974 to acquire 110 acres of wetlands for wildlife. Last year the technical committee worked with the State Fisheries and Game Departments and came to an agreement as to how to approach this litigation. One was the acquisition of Panther Creek wetlands which is alongside the Valley freeway. It serves a dual purpose. Forty acres of the sixty would be credited for litigation while the entire 60 acres is a necessary part for storage. The other aspect was the acquisition of 70 acres across from the Boeing Space Center, which the Fish and Wildlife people particularly want. The financial plan requires 38 million dollars. He said they have looked at a number of options and have presented them to the Basin Executive Committee which outline 9 options. There is also the issue of service area and how large an area would be looked at for a project. This will be discussed at the Basin Executive Committee meeting that will be held next Tuesday. This will probably culminate in an inter governmental agreement that will come back to the City for agreement. The Eastside Project handles in one way or another all of the water that is generated within the Black River sub basin. When the Project was developed it only proposed a physical system (using a wall chart), it did not provide a system of neighborhood systems. There are four tributaries into the lower valley. Each one of them has a number of upland drainage problems. The whole concept of servicing this project is founded in the initial formulation. Mr. Tracy used a wall chart and outlined the area. He said there were significant storage facilities built into this system. The direct discharge has a bearing on the cost. There is merit in looking at a basin approach. It is difficult to set assess- ments to the people living above the lower part of the valley. Tukwila has about 35 acres that are within the Eastside Project. By comparison Kent would have about 8,100 acres in the Project. When the Committee acted on this they decided the most approp- riate action would be to consider the flood protection. Kent has been considering a drainage utility. They are looking at a City -wide approach. Councilman Hill said he was on the Council when this was first discussed. The City refused to sign the agreement. The Council is concerned that Tukwila is taking care of the project benefitting Auburn, Kent, and Renton and Tukwila is the only place they can accumulate the water to get it into the Sound. We are taking care of everyone's problem except our own. They have talked about widening the river, dredging, etc. We have tidal action to 180th so even if they dredged it would fill in again. He said his problem is that these people on the Valley floor are going to have to oversize the system to take care of the water that is being dumped. They will have a hard time selling this project to the people who live on the hillside on a bond issue. Mr. Tracy said there are problems in the uplands that are not being addressed at Renton and Kent. Until a program is provided for them it will be difficult to sell a bond issue. He said they have not tested the willingness of the people on the floor of the valley to pay. He has not heard anyone say that the uplands will have to be included or that it would not participate. Their reactions cannot be tested until they have advanced the program a little further. There is a possibility two rates can be carried. He said they would like to know what option Tukwila would prefer. Councilman Saul said Tukwila gets water that is dumped by Auburn, Kent, and Renton. The people of Tukwila are those who are really affected and we do not have any say in the matter. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1981 Page 4 OLD BUSINESS Contd. Green River Eastside Tukwila is between Puget Sound and the upper valley and the Watershed Project contd. water is dumped on us. NEW BUSINESS Construction of side- walks along Interurban Ave. Councilman Johanson said one of Tukwila's greatest concerns is the pump and the loss of land that could occur. Mr. Tracy said he has been in technical meetings and this has not been mentioned. Councilman Hill said all of the water that is coming down the valley comes into Tukwila and he did not know if Tukwila has the facilities to get rid of it. It seems like the committee is dragging their feet in getting that problem solved between 180th and Elliott Bay. Mr. Tracy said according to the plan they want to get the water out of Tukwila. He said Kent and Renton have adopted more strin- gent requirements for fill. He said he would take Tukwila's comments to the committee and their concerns will be addressed. He said he would like some direction from the Council. There are 9 options with about 3 variations in each one. Councilman Hill said he would go along with what has been outlined in the orange lines on the wall map. He said he cannot see these people paying the full bill, when those in the green would benefit also. Mr. Tracy said they are looking toward making decisions on a program that can be taken to the property owners. The program will have to come up with 38 million dollars. They are trying to take the first step. Mayor Todd asked when Tukwila's share was estimated at 2.8% did that include Fort Dent? Mr. Tracy said he thought they had been looking at acreage. Mayor Todd said Fort Dent is County owned. Mr. Tracy said the Council is not being asked to make any commit- ments at this time. After assessment hearings, property owners will be asked to participate in certain assessments. The long term assessments would not come out of the City purse. The City may not have to collect it. Council President Van Dusen said the public hearings would be held by the Committee? Mr. Tracy said the flood control zone would set up the assessment roll and they would hold the hearings. There would be an intergovernmental agreement on this. Mr. Tracy said they would like an expression of concurrence from the Council. The Mayor will attend the meeting and bring information back to the Council. MOVED BY HILL, SECONDED BY SAUL, THAT THE COUNCIL ALLOW MAYOR TODD TO PROCEED UNDER THE ASSUMPTION THAT THE ASSESSMENTS WILL BE IN THE ORANGE LINES ON THE WALL MAP UNLESS THEY CAN WORK OUT SOMETHING TO INCLUDE THE GREEN LINES. MOTION CARRIED, WITH SAUL VOTING NO. Councilman Saul said the Council has received a letter from the Bruce W. Solly Development Company stating their building on Interurban Avenue is nearing completion. Under the City's side- walk ordinance it is their understanding that they are obligated to install sidewalks in front of this building along Interurban Avenue. They are in favor of sidewalks, but the conditions existing along Interurban Avenue are such that they make installa- tion at this time undesirable from the public standpoint. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1981 Page 5 NEW BUSINESS Contd. Construction of side- walks along Interurban Avenue contd. L3 7 Councilman Saul said the elevation of the street makes it impractical to install sidewalks at this time. He suggested that the developer sign an agreement that he will participate in an LID when it is established. Councilman Saul said he thought the City should not negotiate case by case, but a general agreement made with developers that they will participate when grades are established and at that time put in sidewalks. Brad Collins, Director of Planning, said the sidewalk ordinance leaves enforcement vague. The Planning Department has come to the conclusion that until City policy is established it may be difficult to get a clear concise enforcement of the desired results, which are sidewalks. The other thing that should be pointed out is that with some of the property such as Mr. Solly's on 52nd, there may be some problems that will develop other than those on Interurban. A num b r of problems are developing on Interurban and it may be akin to some of the problems that developed along Southcenter Parkway. These problems may be similar to those on Interurban Avenue. Ted Uomoto, Director of Public Works, said if the street design is wanted in the near future so sidewalks can be put in then a study would have to be made and a height established. The first step would identify easements, width, etc. As soon as you put in sidewalks then comes curbs and when curbs come in then there is drainage. It might cost about 24 to 50 thousand dollars for a study for Interurban. To make a complete study it would cost about $100,000 plus. Joe Mathews, Acting Administrative Assistant, said there is $20,810 which could be used from Land Acquisition to develop the survey of the area. Councilman Saul said if we have manholes and that, it will not change much. The grade of the street is not going to be much different. Mayor Todd said Interurban Avenue is due for overlay. We should know what we plan to do with Interurban before we proceed. We will get estimates on the survey and present it to the Council. Mr. Uomoto said there may be some conflict with City Light and fire hydrants. Councilman Saul said in areas that are undeveloped we get into the problem of sidewalks because there is not an established grade. Mayor Todd suggested amending the ordinance and giving administration the choice of developer's agreement or agreement to participate in an LID. The City should have that latitude. Council President Van Dusen said all the Council needs to do is identify Interurban as an undeveloped area where a grade has not been established and that a developer will participate in an LID or developer's agreement. Mr. Bruce W. Solly, audience, said they have discussed both of their areas and they are in favor of sidewalks. Sidewalks do not grow weeds and do not have to be maintained. They help sell property. On 52nd they agreed at the time of issuance of the building permit of the SPEA building that they would install sidewalks. In that area they own all of the property on both sides of the street. They want it to look good. They have applied for a building permit and have met with Phil Fraser and agreed on the details. He said they like sidewalks, they will widen the street and give flexibility to making it wider. At some point in the future it can be sidewalked. Mr. Uomoto, Director of Public Works, said they have made a complete survey. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1981 Page 6 NEW BUSINESS Contd. Construction of side- walks along Interurban Avenue contd. Corrective improvements to the C. Eastwood property at 14719 59th South. RECESS 9:10 9:30 P.M. Rezone request for Sunwood, Phase III, from R -3 to R -4. �3 �24 g Mr. Solly said their engineer was instructed to move poles and fire hydrants, etc. They have not installed curb and gutters. He said he did not know there was a comprehensive plan and he spent about $10,000 on drainage for the street. He said the pro- blem they have in that area is they put in their sidewalks at this time then they do not have the control and the tenants feel the same way. There is no pedestrian traffic there so sidewalks are not needed at this time. Landscaping will be done last. Curbs go along Interurban and the landscaping is away from it. If we put in the sidewalks then all of a sudden there may be a white line running into the sidewalk. He said these are their concerns. It is a dangerous situation. He said they would join in an LID at a reasonable cost for sidewalks. He said they would join in an LID at a reasonable cost for sidewalks. He said they would like a temporary occupancy permit pending sidewalks; they would like their landscaping to run along the sidewalk; they will participate in an LID for sidewalks, but not for street raising. Council President Van Dusen said the Council would have a formal motion that the developer will participate in a sidewalk LID when the City establishes grade of an undeveloped area. MOVED BY HILL, SECONDED BY SAUL, THAT THE COUNCIL CONSIDER ITEM 6 (C) OF THE AGENDA AT THIS TIME. MOTION CARRIED. Ted Uomoto, Director of Public Works, said the tubular structural weight rail system that is acceptable to Mr. Eastwood would cost $1,320. The cost of a cyclone fence would be $500. The estimate for corrective improvements to 14719 59th Avenue South is $6,128. It is recommended that the $6,128 for improve- ments to the Eastwood property be taken from the surplus funds in the Undergrounding Budget. Mr. Uomoto said there would have to be a transfer of funds. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE PUBLIC WORKS DEPARTMENT BE DIRECTED TO PROCEED WITH THE EASTWOOD IMPROVEMENT AND APPROPRIATE FUNDS AS REQUIRED. MOTION CARRIED. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE TUKWILA CITY COUNCIL 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 HARRIS ARRIVED AT THE MEETING AT 9:30 P.M. Brad Collins, Director of Planning, presented the Staff Report. The Planning Commission recommends denying the request; the Planning Department recommends approval. Mr. Collins said the concerns raised by the Planning Commission in their subsequent recommendation to deny the application have caused them to examine more carefully the factors which impinge upon this rezone action, and have led them to conclude on a stronger factual basis that the R -4 proposal is still appropriate. Analyzing the impacts of the rezone proposal in more concrete terms which the Planning Commission felt were missing, makes us feel that the issues raised have been addressed satisfactorily and that a positive decision on the rezone request is justified. Mr. Don Dally, Sunwood Development, said they would like the Sun Wood Phase III area rezoned to R -4. He said they purchased the site to improve the accessibility to Phases I and II. The purchase price was negotiated while it was zoned R -4. They felt 20 unit density was desirable. Mr. Dally reviewed the action that has taken place. The 20 unit density was denied based on areas of concern: ingress /egress and traffic generation; TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1981 Page 7 NEW BUSINESS Contd. Rezone request for Sunwood, Phase III, from R -3 to R -4, contd. inadequacy of recreational facilitiesproject -wide; inadequacy of open space provided on Phase III. He said they felt it should be R -4. Most of the property around it is zoned R -4. Mr. Dally introduced David Markley, The Transpo Group, who made a study of the traffic and ciculation. He said the project calls for construction of 78 multi family condominium units. Sunwood Phase III is part of a larger plan condominium development in which Phase I and II (178 condominium units) are located north of the site. There will be a total of 256 condominium units when all phases are completed. The primary public street serving the site is 62nd Avenue South. This street has recently been improved through an LID to a 3 -lane road which extends north from Southcenter Boulevard up the hill, past the City Hall to a point where the road name changes to South 153rd Street. There is no direct access from parking areas onto 62nd Avenue South. A second fire access to the combined Sunwood Phase I, II, and III projects is provided by an exclusive access road designed to serve emergency vehicles. This road connects the north edge of the entire parcel through Sunwood Phase II and winds down the hill to a point that intersects with extension of 62nd South. Specific traffic volumes along 62nd Avenue South were not available, but estimates suggest 62nd Avenue South in the vicinity of the access to Sunwood Phase III carries between 600 and 900 vehicles per day. At the foot of the hill where 62nd Avenue South intersects with Southcenter Blvd. the volume is estimated to increase to 2,500 to 3,000 vehicles per day. During the evening peak hour, volume on these streets are estimated to be approxi- mately 10 12 percent of the daily volume. As one travels up the hill flows become more directional with approximately 60 to 70 percent of the travel northbound up the hill and the remainder southbound down the hill. He said they believe the road system that has been proposed as part of this development will serve the site in a safe and efficient manner. Likewise, the design of this road system and the project is not expected to create a noticeable increase in traffic volume or level of congestion along any of the major roads that serve the site. An increase attributable to Phase III development would likely go almost unnoticed by drivers who generally travel along 62nd Avenue South because the incremental increase is relatively small. Mr. Dally introduced Mr. Thomas Anderson, United Marketing, who presented information in regard to recreation amenities in condominium projects. He said his company has been involved in the management of several large condominium projects in the Puget Sound area. He listed several condominium projects. The amenity packages listed for these projects are typical of all garden court type condminium projects. The amenities receive little use in all of the projects and it seems a minority of the home- owners use the facilities. He said it is their opinion that the purchasers of condominiums would prefer the monies spent on extensive recreation be spent on the units themselves. A survey conducted by a local marketing research firm has come to this same conclusion. He said it is their understanding that the Sunwood Development has one swimming pool, one tennis court, a spa, a 2,000 square foot recreation room, which includes a kitchen, game room, and conversation area. The project will also have public rest rooms and dressing areas, a jogging trail and a par course. The amenity package for the Sunwood Condominium development is totally adequate. Mr. Dally said Sundwo od Phase III is part of the entire Sunwood development and owners will have use of the entire project. If Phase III were not part of Sunwood the residents would not be able to take advantage of the open space because it would belong TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING May 12, 1981 Page 8 NEW BUSINESS Cond. Rezone request for Sunwood, Phase III, from R -3 to R -4 contd. Salary Plan. Prop. Ord. extending interim finance period changing the interest rate for LID #29. �3gQ/D to another project. He said Tukwila is no longer rural, but is now urban. Councilman Johanson said Tukwila is proud of the codes of the City. Tukwila is unique. He said he supported the Planning Commission recommendation. Councilman Harris said she has read the Staff Report and their recommendation and she concurs with that recommendation. Brad Collins, Director of Planning, said the Planning Department is not trying to disagree with the Planning Commission. The Planning Commission felt certain areas were not resolved. He said he felt these areas had been resolved and the zoning should be R -4. MOVED BY SAUL, SECONDED BY HILL, THAT THE COUNCIL AGREE WITH THE PLANNING DEPARTMENT RECOMMENDATION THAT SUNWOOD PHASE III BE REZONED TO R -4 AND IT BE ON THE AGENDA OF THE MAY 19, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED, WITH JOHANSON VOTING NO. Prop. Ord. relating to MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE sizes, design standards, BE ON THE AGENDA OF THE MAY 19, 1981 REGULAR COUNCIL MEETING. construction quality MOTION CARRIED. of materials for water main installation extension. MOVED BY HILL, SECONDED BY SAUL, THAT THE DISCUSSION OF THE SALARY PLAN BE ON TEH AGENDA OF THE MAY 26, 1981 COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. Alan Doerschel, Finance Director, said he would like the Council to authorize contract extension with Seattle First National Bank from June 1, 1981 to December 1, 1981 at 12% interest rate. This will extend the Revenue Bond contract with Seattle First National Bank for LID #29 until December 1, 1981. This will provide additional time for bond rates to return to normal levels. The cost impact will be an increase of interest rate from 8.25% to 12.00 MOVED BY HARRIS, SECONDED BY HILL, THAT THE CONTRACT EXTENSION WITH SEATTLE FIRST NATIONAL BANK BE ON THE AGENDA OF THE MAY 19, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Prop. Ord. amending Alan Doerschel, Finance Director, suggested that the name of the Sec. 2 of Ord. #1083, custodian be indicated as "Finance Director" rather than by changing the name of the name of the individual. This would eliminate need to change Custodian for the ordinance every time a new Director is named. Advance Travel Expense Account. Councilman Harris said she thought it was necessary for the name of the individual to be in the ordinance. City Attorney Larry Hard said he would check and see if this is necessary. MOVED BY SAUL, SECONDED BY HILL, THAT THE CITY ATTORNEY CHECK TO SEE HOW THE FINANCE DIRECTOR SHOULD BE INDICATED AND IT BE ON THE AGENDA OF THE MAY 19, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. ADJOURNMENT MOVED BY HILL, SECONDED BY SAUL, THAT THE COMMITTEE OF THE WHOLE 10:35 P.M. MEETING ADJOU-RAL., MOTION CARRIED. i Gary C an Dusen, Council President ,2 J Nor Booher, Recording Secretary