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Home My WebLink AboutCOW 2004-04-12 Item 4K - Ordinance - Moratorium Regarding Social Card Rooms (Gambling Activities) COUNCIL AGENDA SYNOPSIS ,~ ~ .,, ~ ) ........................ Initials ......................... ITEM NO. [ 'G~7~\ ~/~; l ~. Meeting Date Prepared by M~view Council review 04/z2/04~ ~,7~/7~ . , ITEM INFORMATION CAS Number: I Original Agenda Date: April 12, 2004 Agenda Item Title: Ordinance establishing a six-month moratorium on casinos Original Sponsor: Council Admin. x Timeline: Sponsor's Summary: In light of recent case law, the City has been advised by counsel to review our current code as it relates to gambling establishm'ents. This moratorium is necessary while that review is being pen~ormed. Recommendations: Adopt ordinance Sponsor: Committee: Administration: Cost Impact (if N/A known): Fund Source (if known) RECORD OF COUNCIL ACTION Meeting Date Action APPENDICES Meeting Date Attachments 04/12/04 Proposed Ordinance Finance & Safety Committee minutes from meeting of 4/5/04 CITY OF TUKWILA ORDINANCE AN ORDINANCE OF THE CIT~ OF TUKWH.A, WASHINGTON, ESTABLISHING A .SIX-MONTH MORATORIUM ON THE FILING OF APPLICATIONS FOR DEVELOPMENT,FERMITS FOR FOOD OR DRINK ESTABLISHMENTS CONDUCTING SOCIAL CARD GAME GAMBLING ACTI~fI'II~; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Vf~.,REAS, the City Council and the community of Tukwila carefully considered the extent of permlaslble gambling activities in th~ City for a period of years; and WHEREAS, after numerous public hearings and public meetings, the City Counall adopted an or~i.ance carefully tailorad ~o address the needs of tho community; and WHEREAS, among other ~gs, ~he ordinance permitted exi.~ng liec~.~i social card games to remain as legal nonconfom~-ng land uses, but prohibited the in~duetion of further licensed su vfal card games in the city; and WHEREAS, Division I of the Court of Appeals issued itc opinion on Sune 26, 2003, in ~,~mn.d~ Shopping Center Assoc., et al. v. CiV/of Edmonds, which affirmed that cities may ........... ability to exercise absolutely prohibit any or all gambling ac~vmas, but called into que.~on cites zoning or other general police powers over licensed gambling activities; and WHEREAS, at least one business venture has subsequently expressed an interest in acquirin~ a State license to operate an additional social card game in Tukwila; and WI-I~REASE, the City Council accordingly desires to establish a moratorimn ~o prevent the vesting of any new applications, and to maintain the status quo while legal, political, and practical altemativas are considered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASI-m~TON, DO ORDAIN AS FOLLOWS: Section 1. Findin_g.s of Fact. The "WHEREAS" clauses, above, are hereby adopted as the City Council's"~findings of fact and are by this reference incorporated herein as if set forth in their Section 2. Moratorium established. A moratorium is hereby established, effective !mmedin~ly upon adOl:iion of this ordlnsnce, upon the filing of applications for building permits, d~velopment Immits, or any other permits or approvals required for food or drink astablisinnente seeking tO conduct new social ca_rd game gambling activities, or to expand existing sodal card game gambling activities, whether as a principal use or as an accessory use. For the purposes of this o~i,snce, "development pcrmlts" shall include, but arc not limited to, subdivision approvals, short subdivision approvals, approvals for any and all rezonas, site plan review approvals, and building permits for dcvalopment activity resulting in the alteration of existing premises or the creation of new premises related to social card game gambling activities. No such applications ~hsll be accepted during the effective period of this moratorium. Section 3. Effective Period of Moratorium. The moratorium established by this Ordinance shall become effective as set forth in Section 3 below, and shall continue in effect for si_.~x months thereafter unless repealed, renewed, or modified by the Gity Council after a subsequcut public heating and entry of findings of fact. Sectlo~ 4. Effective Date. This Ordinance, as a public cmergancy ordlns,ce necessmy for the protection of the public health, public safety, public property, or public peace, ~hsl! take cffaet and be in full force immediately upon its adoption. Pursuant to Matson v. Clark Count'/Board of Commissioners, 79 Wn. App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are included in the "WHEREAS" clauses, above, all of wblch are adopted by reference as findings of fact as ~f fully set forth herein. Section 5. Work Program. The Mayor is authorized to allocate the necessary resources to prepare a work program to address issues related to social card game and other gambling activities, and to develop appmpxiate proposals for amendment of the Tukwila Comprehensive Plan, Zoning Code, and other development regulations as may be necessary. Section 6. Public .Hearing to be Held. 'A public heating on the issue of the moratorium shall be beld no later than sixty (60) days ai~e~ the date of adoption herein. Section 7; SeverabiliW. Should any section, paragraph, sentence, qlanse or phrase of this Ordi6~ace, or its application to any person or circumstance, be declared uncoa~itutional or otherwise invalid for any reason, or should any portion of ~is Ordinance be pre-empted by stale or federal law or regulation, such decision or pr~-empfian shall not affec~ the validity of the remaining portions of this Ordinance or its application to other persons or ch~c.m~ances. ADOPTED BY THE CITY COUNCIL AT A REGULAR ~G THEREOF ON DAY OF ,2004. CiTY OF TUKWILA May~S~eM~ A' f l'.~S T/AUTHEZqTICAT.~2L~: .lane C~tn, City Clerk Approved as to form: Shelley M. Kerslake, City A~tomey Filed with the City Clerk: Passed by the City Counc'fl: Date of Pablication: Effective Date: -2- Finance and Safety Committee 4/5/04 so it wasn't possible to include the changes. The Committee agreed to recommend authorizing the Mayor to sign the MOU, with the caveat that the City will review how it's working in one year. Council can then decide whether to remain a part of the LinX group. Joan asked how the City could get its comments included at an earlier stage of the process. Keith said in the future he will bring items in their draft state before they are finalized. Recommend MOU to COW and Regular Meetin.qs. 6. Council Travel Policy After considerable time has been spent recently reviewing a policy, the Committee made some editing changes and recommended the policy to the Council. Recommend issue to COW and Regular Meeting. 7. Financial Planning Model The Committee worked to understand the Planning Model and the City's budget related to it. Alan pointed out there is no money in the Planning Model for Connectivity, TUC, TOD, TVS, or the Mall/Klickitat. Even without those projects and even if Eyman's latest initiatives don't pass, the City will run out of funds by 2008. They will run out sooner if revenues go down or expenses increase for any reason. Some additional things that could lead to budget increases include employee health care costs, and the city share of PERS and LEOFF payments, which have risen from 2% to 7% this year. The City has cut costs for several years now, so that departmental budgets are stripped down to minimum levels. When an issue like TVS staffing comes up, the money must come from the ending fund balance. Looking at the 6-year capital plan Alan noted that the Public Works Arterial Street fund includes within it $1.2 million per year on street overlays and maintenance. By 2007, only maintenance will be allowed within the budget unless there is a substantial increase in revenues by then. There will be no "nice-to-do" projects in the budget after 2006. Dennis suggested including the previous year in the Attachment A, and showing the $1.2 million maintenance cost separate from Arterial streets. He also wanted to see Tukwila Village's revenues and expenditures included. Information. 8. Requests for Casinos Both DCD and the Mayor's office have received calls from people asking generally about adding casinos in the City. One obvious site is at the old Chips (formerly Pete's Flying Aces) on TIB. Other sites have been mentioned, but not proposed formally. The City Attorney has recommended putting a moratorium on new gambling establishments to prevent new casinos going in everywhere in the City without careful planning. Recommend ordinance to COW and Special Meeting 4/12/04. ~ Committee Chair approval ~,. Bid Tabulation