HomeMy WebLinkAbout1999-02-22 Committee of the Whole MinutesSPECIAL ISSUES:
TUKWILA CITY COUNCIL
February 22, 1999 7:00 p.m.
Council Chambers City Hall
COMMITTEE OF THE WHOLE MEETING MINUTES
CALL TO ORDER: Council President Dave Fenton called the Committee of the Whole
meeting to order and led the audience in the Pledge of Allegiance.
COUNCILMEMBERS PRESENT: Council President Dave Fenton, Councilmembers Pam
Carter, Joe Duffie, Joan Hernandez, Pamela Linder, Jim Haggerton, and Steve Mullet.
OFFICIALS: John Rants, Mayor; John McFarland, City Administrator; Steve Lancaster,
Director of Community Development; Deb Ritter, Associate Planner; and Lucy Lauterbach,
Council Analyst.
a. Proposed Language Changes to the Sign Code Dealing with Temporary
Signage and Freeway Interchange Signage
Associate Planner Deb Ritter referred to Council's previous review of the sign amortization
program and said three other sign issues were identified by the Council. They concern temporary
signs, freeway interchange signs, and landmark signs. All issues related to the specific signs are
outside the scope of the amortization program. Staff recommends deferring discussion on the
landmark issues until the Community Affairs and Parks Committee's review on March 2. The
freeway and temporary sign recommendations were reviewed by the committee at its February 2
meeting and is recommending C'ouncil's approval.
Councilmember Duffle noted there are no height requirements for freeway signs. Ms. Ritter said
that under the current sign code, allowances would allow a maximum height of 44 feet. The
current proposal is to increase it to 125 feet, which would accommodate all of the existing
interchange businesses. Staff believes these recommendations would accommodate City
requirements such as set back, height, and sign faces for signs currently in place.
Council President Fenton ask. xi if any businesses had called and expressed any concerns.
Planner Ritter said she only received calls during the initial discussion about the amortization
policy. Director Lancaster responded and said individuals who testified during the sign
amortization hearings would be notified of the public hearing during the Planning Commission
meeting.
Councilmember Carter expressed approval of the grocery store temporary signage language and
asked if there was a previous limit on the number of square feet for temporary signage. Planner
Ritter said businesses generally could install 400 square feet of temporary signage in the form of
four 100 square foot signs for a maximum posting time of 30 days apiece. This scenario does
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City Council of Whole Committee Meeting Minutes February 22, 1999
not allow for anymore than what was previously allowed. However, due to the nature of the
grocery business, they were often not in compliance and the new language makes it easier to
accommodate the frequency of sign rotations, etc.
The Council concurred to send the issue to the Planning Commission.
b. Tukwila Pond Park Development— Acceptance of the Park
Council President Fenton referred to a letter received last week from Robert Braukus, Chair of
the Tukwila Pond Committee and indicated Council action pertains to the acceptance of the
recommendation.
Councilmember Carter stated that although she agrees with the acceptance request, it seems
logical for the Pond Committee to retain the right -of -entry easement; thus, allowing them access
to complete the remaining wort: on the second viewing level. Mayor Rants said that it relates to
time commitment. IIe believes the agreement between the City and the Tukwila Pond
Committee was for a five -year period and is not sure the second platform was part of the original
agreement. The inference is to turn the easement back to the City with the City's authority to
allow volunteers to complete the second platform.
Councilmember Mullet noted the City was planning to construct the base of the viewing platform
with the remaining constructioi: being done by volunteers. He is concerned it may cost more for
the City to do that construction, as prevailing wage is required to be paid. However, the
volunteer groups could complete it at no charge. The Committee is donating money to the City
for the base construction since they would no longer have right of entry. Councilmember Mullet
said $4,600 is left for the base project; which, most likely will not be enough.
Mayor Rants said he anticipates that in accepting the work and closing the easement agreement,
events that commemorate Earth Day" and other times would be an ideal opportunity for
volunteers to complete construction of the viewing tower. Councilmember Carter said she was
under the impression the Committee was constructing the base. Mayor Rants said he believed
Mr. Braukus would like to sec the platform constructed and that they would participate in the
funding effort to make that happen.
Council President Fenton sugocsted Council consider formal action to thank the Tukwila Pond
Committee for their persistence and support in contributing toward the development of the
Tukwila Pond Park. Councilmember Mullet expressed interest in doing more than formally
thanking the Committee. Mayor Rants indicated a letter from the City Council presented to the
Committee at its regular meeting should suffice. He will contact Mr. Braukus regarding
notification to volunteer partic i pants.
Councilmember Carter requested her questions be addressed by staff regarding the terms of the
contract. Mayor Rants indicated Director Williams has had oversight on the project and would
follow -up with a merno addressing Councilmember Carter's concerns.
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City Council of Whole Committee Meeting Minutes February 22, 1999
REPORTS:
a. Mayor:
Noting his upcoming participation on a panel before the Washington State Gambling
Commission, Mayor Rants asked Council for potential issues they'd like to see addressed. Rants
will participate on February 25.
One issue to be addressed is the proposed legislation giving cities increased control over card
rooms /groups. The Michael's Development Incorporated is pushing the bill, which is the
financial group for the 21 Club. They are also concerned about the proliferation of card groups
and have submitted this bill. which permits cities or counties as appropriate; to control the
development of enhanced card groups through zoning. It permits cities or counties to impose
moratoriums on new enhanced card room development for a period of six months. It exempts
enhanced card groups that have already been open or where applications are currently pending.
It requires the Gambling Commission to notify the city or county when a new enhanced card
room application has been received and obtain city and county input on issues of concern to
them.
Mayor Rants noted staff has discussed potential issues concerning gambling establishments and
their potential impacts on Cit\ operations. Concern exists that Tukwila may eventually have
upwards of 20 such establishments. The Washington State Gambling Commission and the
Commission's attorney must clarify how cities can control this through land use standards.
However, he noted that in conservation with the City Attorney and with other city attorneys they
are unanimous in their agreement that city's cannot control the influx of these establishments.
The attorney for the Gambling. Commission says cities cannot control it, only the Gambling
Commission can. The City needs clarification on this issue.
Mayor Rants referred to the questions and reviewed some issues concerning gambling
establishments and the fact that gambling establishments do have an impact on the City's
policing authority. The City is seeking clarification on how the first 10% of the tax revenues
may be expended. It was originally determined that the money would be spent on gambling
enforcement where cities could hire several police officers for that area. However, the City
needs to spend it on law enforcement in general because the impact of the casino in the city
creates an overall impact on the city not just to gambling establishments. He noted that the 21
Club would probably not ha\ e near the calls for service as it has had in the past under the
previous management. Yet, the community is likely to have more calls for service because of it.
The City needs clarification on how to do that.
The City received gambling revenues of $400,000 in 1997, $771,000 in 1998 and the 1999
budget has forecast $1.5 million for 1999.
Councilmember Carter expressed concerns about impacts on streets. She referred to Auburn and
the casinos, which attracts trap; is and indicated if larger casinos are located on Interurban, traffic
impacts would also affect I -5 and I -405.
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City Council of Whole Committee Meeting Minutes February 22, 1999
Mayor Rants said that would be the principal reason a city would assess the second 10% tax. He
indicated 75% of it must go towards streets and roads and 25% must go to gambling addiction
programs. The first 10% tax assessment is used for police support. He indicated that although
the legislation is specific on how tax revenue is allocated, some cities are spending it in different
ways and the attorney general does not want to address the issue.
Councilmember Linder indicated the issue was addressed at the Finance and Safety Committee
meeting on February 9. Police Chief Haines presented a report indicating there has been no
visible impact on police services linked to crimes resulting from gambling establishments.
Mayor Rants reiterated that the report targeted specific areas that would be better controlled and
that Chief Haines has not had an opportunity to address the full impacts to the entire community
and that is his concern.
Responding to a question from Council President Fenton, Planner Ritter noted that Tukwila has
five gambling businesses. They include Riverside Inn, Golden Nugget, Silver Dollar, 21 Club,
and the Nonstop 13ar and Grill. There are different wagering limits. However, there is currently
a standard pilot program that the Gambling Commission is conducting. All five have a
maximum of $100.
Councilmember Mullet commented on how a gambling establishment located near his home is
beginning to have some detrimental affects to the neighborhood with respect to more litter and
the number of people traveling through the neighborhood to reach the gambling business. He
indicated he has concerns with future impacts that this activity may have on adjacent
neighborhoods. Councilmember Carter agreed and indicated that there is a perception by people
of areas that have gambling establishments.
Discussion continued on the new operation of the 21 Club. Chief Haines recently toured the
facility and has indicated he felt better about the establishment after visiting it. The club has
agreed to allow police access to their camera and have entered into an agreement that when
criminal activity occurs the club will promptly notify police.
Anna Bernhart expressed concerns that owners /developers of empty lots on Interurban would
be discouraged from developing quality businesses due to the gambling operations located within
the vicinity.
Councilmember Carter indicated that commercial developers would not rent to adult
entertainment establishments as it drives all the rest of the businesses downhill.
Richard Simpson spoke out of concern regarding this issue.
Councilmember 1Iaggerton said one of his major concerns is with respect to the ease of
unqualified owners who see the revenue potential of a gambling operation. Many people will get
involved in that type of business that have no experience on how to run it or police h. He
indicated the City's gambling businesses could increase from five to 15, if left unchecked.
Mayor Rants noted that the owners of the 21 Club are investing $500,000 in the building and
another $500,000 just to pay for security and cameras and other requirements. He said he is not
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City Council of whole Committee Meeting Minutes February 22, 1999
sure that just anyone without the resources could open a gambling business. The Gambling
Commission has many requirements that must be met by gambling establishments.
Council President Fenton referred to the moratorium and indicated it would allow time for staff
and the Council to examine many of the issues and hear from citizens any concerns they may
want addressed.
Council President Fenton asked Councilmembers if they have a desire to tour the 21 Club.
Councilmembers agreed to tour a gambling facility while the moratorium was in still in effect to
become better educated on the operation.
Council President Fenton requested that Analyst Lauterbach schedule a tour for Councilmembers
and noted that the public hearing for the moratorium is set for March 15.
Mayor Rants continued his report and said February 25 is the day of the Sound Transit decision
and vote. The meeting will be held at the Plymouth Congregational Church at 2:00 p.m.
Mayor Rants said the City's political consultants are working extremely hard and Administrator
McFarland believes the City may have up to eight votes. He is unsure if that number is
sufficient. Additionally, he spoke with WSDOT Director Sid Morrison who concurred
Southcenter is the correct choice. Mr. Morrison will share information with his colleagues.
Council President Fenton asked about the Transit Advisory Committee and the information that
was brought forward concerning Julia Patterson and Margarita Prentice and if any information
was available on any new developments. Administrator McFarland said the bill was drafted and
was introduced but is he is unaware of the status of the bill.
b. City Council
Councilmember Duffle indicated he met with Senator Slade Gordon at the Foster High School
auditorium. He also complimented the City for the Employee Recognition Dinner.
Councilmember Hernandez reported attendance at a February 17 REACH meeting. REACH is
considering an open house in April and will be presenting certificates to all the participants of the
"Paint Your Heart Out" program.
On Friday, she attended the award ceremony at Foster High School. The award presented by
Senator Gordon was an award for their "New Friends and Family" program. Foster High was
the first recipient of this award. It was a well attended event and four of the students spoke
highly of the program and what it had done for them.
On Sunday, she attended the Rainier Symphony at the Foster High School. The event is a City
sponsored event that is subsidized by the City and it is important to support it and attend it to see
how well the program is doing. She reported that it was an excellent event and said the events
are improving with each new one. She plans to attend the King County Jobs Initiative Sounding
Board meeting on Wednesday, February 24.
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City Council of Whole Committee Meeting Minutes February 22, 1999
Council President Fenton attended the ATAC meeting on February 18 with Administrator
McFarland and Councilmember Carter. He also had a chance to speak to Senator Gordon about
any assistance he might be able to provide concerning the challenge with Sound Transit.
Council President Fenton said he asked the senator to send a letter of support. The senator
indicated he prefers to work "behind the scene" on this issue.
Council President Fenton is scheduled to attend the Lodging Tax Advisory Board meeting on
February 24 and will not be able to attend the DARE graduation on February 25 due to a seminar
on crime -free multi- housing.
Councilmember Mullet referred to the DARE invitation prepared by the teachers. He noted it
would be positive if some Councilmembers were able to attend. He cannot attend due to a
scheduling conflict.
Councilmember Carter also attended the ATAC meeting. She and Councilmember Haggerton
are scheduled to attend an A \VC meeting in Olympia and will be unable to attend the DARE
ceremony.
Councilmember Linder said she would be attending the DARE graduation.
She referred to an issue that was addressed during the Community Affairs and Park Committee
meeting on whether or not Tukwila should stay involved with the Human Services Roundtable.
The City has been involved for a number of years and the organization has served the City very
well. However, it appears the organization is undergoing some growth changes and possibly
some changes that would not serve Tukwila's interests. The City's contribution is only $5,000.
Coordinator Evie Boykan has prepared a report on the pros and cons of remaining in the
organization. Coordinator Boykan has also spoken with staff members from Kent and Renton
who have indicated they have some of the same concerns. She also talked to Judy Klieg (Human
Services Roundtable) and reviewed the possibility of the City dropping out. A meeting of the
Human Services Roundtable is scheduled for February 23 and this issue is the main agenda item.
Councilmember Linder will attend the meeting and provide a report to Councilmembers.
c. Staff:
Administrator McFarland referred to the fourth quarter staff report and apologized for the delay
in the report. The report includes some year -end court statistics. I-Ie asked Councilmembers to
any questions directly to him so staff can be prepared to answer.
Staff efforts have been focused on Sound Transit and staff is prepared for the final push and is
relying heavily on the City's political consultants who are adopting a strategy of not calling
people. The focus is on those people who can make a difference for the City. The federal
funding issue is a longer -term situation and information has been provided to Washington D.C.
as a follow -up. Staff does not view that as an influential consideration on February 25 Sound
Transit vote. Staff is working to insure that all partnerships result in a coordinated effort and
requested comments and questions from Councilmembers before the vote.
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City Council of Whole Committee Meeting Minutes February 22, 1999
Mr. McFarland said a letter was received from King County National Airport Manager Cynthia
Stewart announcing the formation of a study advisory committee to handle the Part 150 Noise
Compatibility Planning Study. Currently, the City's citizen representative is Rosemary
Untescher and the City's representative is Assistant Rhonda Berry. 11 appears they desire a
representative from the City to specifically review the Part 150 study. I -Ie asked for Council
direction concerning the representative. Councilmembers agreed Mr. Mullet would attend the
first meeting on March 9. Councilmember Linder volunteered to attend if the meetings were not
held on a Monday or Tuesday evening.
MISCELLANEOUS:
Councilmember Carter indicated the public hearing (regarding the moratorium issue) is to
determine whether to continue with the moratorium. There is no urgency to visit the casinos
until the decision is made, as it may appear the visits might sway Councilmember's decisions
regarding the moratorium.
Councilmember Carter said she has sent an email letter to Judy Halverson encouraging her to
support Tukwila's position on the light rail issue and addressed some of her concerns with
respect to funding issues. She also sent thank you letters to other officials who have expressed
their support with respect to Tukwila's position.
Administrator McFarland indicated letters were co- signed by Council President Fenton and
Mayor Rants; and sent to Eileen Cody and Dwight Peltz.
EXECUTIVE SESSION:
(8:05 p.m.) Council President Fenton adjourned the meeting to an Executive Session not
to last longer than 30 minutes on land purchase.
ADJOURNMENT:
(8:35 p.m.) Moved by Mullet; seconded by Duffie, to adjourn the meeting. The motion
carried 7 -0.
Dave Fenton. Council President
Ro.ert H. Baker. CMC, Deputy City Clerk
for Valerie Ciow. Recording Secretary
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