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HomeMy WebLinkAbout1999-05-17 Regular MinutesTUKWILA CITY COUNCIL May 17, 1999 7:00 p.m. Council Chambers City Hall REGULAR MEETING MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE: Mayor John W. Rants called the regular meeting to order at 7:03 p.m. and led the Pledge of Allegiance. ROLL CALL: City Clerk Jane Cantu called the roll of Council. Present were Council President Dave Fenton and Councilmembers Joe Duffle, Joan Hernandez, Steve Mullet, Pam Carter, Jim Haggerton and Pam Linder. OFFICIALS: City Administrator John McFarland; City Attorney Bob Noe; City Clerk Jane Cantu; Council Analyst Lucy Lauterbach; Community Development Director Steve Lancaster, Public Works Director Jim Morrow, Parks Recreation Director Don Williams and Deputy City Clerk Bob Baker. SPECIAL PRESENTATIONS: a. Washington Recreation Parks Association Citation of Merit Lynn Devoir, Executive Director of the Washington Recreation and Parks Association, presented Don Williams with the association's Award of Merit for his continued service to the organization. This is a 1,200 member organization, of which Don has been involved for 31 years. Mr. Williams stated his appreciation for the award. He noted that when personal recognition is given, he enjoys sharing it with staff and others as no one person can "do it all" by themselves. Mayor Rants then presented Mr. Williams with a resolution expressing thanks and appreciation for Williams as he served as Conference Host for the Washington Recreation and Parks Association half yearly conference, in January, 1999; at the Tukwila Community Center. b. Update on Sister City Activities Sarajane Rants, Chair of the Sister Cities Committee, introduced those members present including John McFarland, Brian Kennedy, Don Jenkins and Audrey Davis. Ms. Rants stated the Committee is hard at work raising awareness and funds for the next trip to Ikawa, Japan. Said trip is tentatively set for April, 2000. City of Tukwila City Council Regular Meeting Minutes c. Introduction of New Employees 1. Parks Recreation Page 2 of 8 May 17, 1999 To date, nearly 20 adults and 20 children have expressed an interest in making the trek to Tukwila's sister -city. The mayor of Ikawa has stated they will accommodate any number of guests. Committee members showed several poster -sized photographs which were taken on the last trip. These will be used in furtherance of gathering excitement, enthusiasm and much needed funding. Council spoke enthusiastically and relayed they, too, would like more information by way of reports, etc., about the pending trip and other issues such as the presenting of gifts and proper protocol. Ms. Rants said several orientation sessions are held before the trip to educate individuals on customs, manners, and social graces. Parks Recreation Director Don Williams introduced Nancy Kennedy, Administrative Secretary. Ms. Kennedy and her husband recently located to this area from the City of Kennewick. Mr. Williams then introduced Brian Jaeger, Utility Worker, Parks. Mr. Jaeger is a 9 -month a year, seasonal employee who worked for Tukwila last summer and is currently assigned as grounds keeper for City Hall. Finally, Roy "Bud" Lawrence, Utility Worker, Golf, was introduced. Mr. Lawrence is also a 9- month a year, seasonal employee and worked for Tukwila last summer. Department of Community Development Director Steve Lancaster introduced Carol Simpson, Permit Technician. Ms. Simpson came to DCD from the Public Works department where she served nearly one year as a temporary employee. Mr. Lancaster then introduced Wynetta Bivens, Administrative Clerk. Ms. Bivens recently located to this area from Wichita, Kansas. PROCLAMATIONS: 2. Community Development Mayor Rants read from a proclamation declaring May 16 through 22 as National Public Works Week in the City Tukwila. Public Works Director, Jim Morrow, received the proclamation which invites all citizens and civic organizations to acquaint themselves with the challenges confronted in the daily provision of public works services, and to recognize the daily contribution that department makes to our health, safety and quality of life. CITIZEN COMMENT /CORRESPONDENCE: No comments were received and no correspondence was reported. CONSENT AGENDA: City of Tukwila City Council Regular Meeting Minutes a. Approval of Minutes May 3, 1999 b. Approval of Vouchers, #211645 211917, in the amount of $1,186,265.81 Moved by Councilmember Duffie; seconded by Councilmember Hernandez; TO APPROVE THE CONSENT AGENDA ITEMS AS PRESENTED. The motion carried 7 -0. BID AWARD: Award a contract to Western Asphalt in the amount of $515,874.75, for the 1999 Overlay Program Moved by Councilmember Hernandez; seconded by Councilmember Duffle; TO AWARD A CONTRACT TO WESTERN ASPHALT IN THE AMOUNT OF $515,874.75, FOR THE 1999 OVERLAY PROGRAM. The motion carried 7 -0. PUBLIC HEARING: Request for hardship waiver under Ordinance No. 1867 which enacted a six -month moratorium on the filing of applications for business licenses and development permits for food or drink establishments conducting gambling activities, including social card games, punch boards, or pull tabs. (Applicant: SBD, Inc., 14060 Interurban Ave.) Page 3 of 8 May 17, 1999 Mayor Rants noted the public hearing is related to the request for hardship waiver only. It is not to discuss the pros and cons of gambling. City Attorney Noe explained Council previously put into place a moratorium on businesses or other establishments looking for licenses to conduct gambling activities including permit applications. Section 8 of the ordinance provides for a waiver in the event of unreasonable or unique hardship. (7:48 p.m.) The Mayor opened the public hearing and City Attorney Noe administered an oath to those who would testify. Council President Fenton disclosed he toured the Riverside Casino approximately three weeks ago and was shown the "entire process." He does not believe it will prohibit him from making an impartial decision in this matter. In lieu of a verbal presentation, Mr. Noe stated his staff report was capsulated in his memorandum to Council, provided separately for this meeting. Steve Jones. 1111 Third Avenue. Suite 3400. Seattle. WA 98101, attorney for applicant SBD, Inc., stated in order for the waiver to be granted, his clients must demonstrate unusual or unreasonable hardship. Mr. Jones noted SBD, Inc.'s case is unique, as they are the only applicant affected by this moratorium. Other businesses that applied for permits were processed prior to the adoption of the moratorium. Jones stated his client's applications for permits were submitted in the fall of 1998, prior to adoption of the moratorium. The City deemed those to be incomplete. City of Tukwila City Council Regular Meeting Minutes Page 4 of 8 May 17, 1999 Additionally, Mr. Jones presented a letter from the Washington State Gambling Commission, (hereinafter referred to as WSGC), dated February 5, 1999. He said the letter states that based upon WSGC's review of SBD, Inc.'s application for its new site, they are confident a license will be granted. He noted the Commission is rigorous in its evaluation of applications for license to conduct gambling operations. Further, Jones stated this type of letter is not written unless a business successfully completes a financial and criminal history background investigation on all who may have influence over the business. In closing, Jones stated his client is very serious about their proposition and that they have already invested nearly $200,000.00 in getting architectural, legal and permit fees in anticipation of this permit. Concerning hardship, Jones stated monies currently spent are now put at risk. There is no way SBD, Inc. can realize a return on its investment as long as it is prohibited from having its permit applications processed. In closing, Jones stated that if the City is going to allow these kinds of licensed, lawful operations, its very likely they will be allowed where they already exist. Granting a hardship waiver will recognize the unique and undue burden placed on SBD, Inc. by the moratorium. Steve Dowen. 14060 Interurban Ave. So.. Tukwila. WA, submitted a report showing expenses incurred with this project. He opted to buy the property in September, 1998. He stated these are big pieces of property with large facilities. He spent over $152,000.00 before the moratorium and another $43,000.00 since; basically on extending his option. He would like to develop his property; but does not know if they would purchase the property if card rooms were no longer allowed. Mr. Dowen stated they did buy a permit from the City prior to the moratorium in the amount of $2,600.00 when they filed their original plans to begin this project. In response to Councilmember Hernandez' question, Mr. Dowen stated his approximate gross monthly operating revenues at The Riverside Inn are $600,000.00. This includes food, alcohol, gambling, cover charges, pull tabs, lottery, etc. Vito T. Chiechi. 4324 Sunset Beach. Olympia, WA, met with Governor Locke's attorney on gambling issues wherein they spoke of the intent of the Governor's letter on a proposed statewide moratorium. The letter was intended to slow down the number of casinos "coming on line." Locke's counsel also indicated the Governor was aware of the number of applicants that are in line and that have been accepted by the WSGC and wanted to ensure that those in line, who had expended large sums of money, would have their licenses approved. On Friday, May 14, 1999, the WSGC said they would slow down the number of card rooms to be issued licenses. This was done after an exhaustive study of those in line to receive licenses. Many questions were raised by Council as to SBD Inc.'s permitting process, dates on correspondence, dates of communications, etc. For clarification of these matters, Councilmember Duffie asked for a complete listing of all relative /pertinent dates as they relate to SBD, Inc.'s application for permit. Staff agreed they would provide same. City of Tukwila City Council Regular Meeting Minutes Page 5 of 8 May 17, 1999 Mr. Jones relayed SBD, Inc. continues to be on the list of those in line to receive a permit from the Gambling Commission. Although he does not know what number they are, he does believe a permit would be granted by the Commission (at the earliest) in the fall of 2000. Questions surrounding zoning were asked and answered; as were those regarding process and procedure of the Community Development Department and permit issuance. Mayor Rants stated the public record will remain open to allow for receipt of additional /requested information. This will also provide time to the applicant to submit supplemental material(s). This public hearing will continue on Monday, May 24, 1999, during the Committee of Whole meeting. OLD BUSINESS: a. Authorize Mayor to accept CDBG pass through funding for 2000 and allocate $50,000.00 toward the Housing Repair Program Human Services Director Evelyn Boykan drew Council's attention to a necessary correction to a clerical error on the form which must be submitted to King County. She then reminded Council the total funds available are $140,604.00. This is money allocated strictly for the year 2000. She noted these monies do not include previous funds which have not been spent either prior to or during the year 1999. Moved by Councilmember Linder; seconded by Councilmember Carter; to authorize the Mayor to accept the CDBG pass- through funding for 2000 and allocate $50,000.00 toward the Housing Repair Program. The motion carried 7 -0. (8:27 p.m.) Councilmember Mullet was excused for the remainder of the meeting. b. An ordinance changing the terms of appointment for members of the Equity and Diversity Commission. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1828, AS CODIFIED AT SECTION 2/29/040 OF THE TUKWILA MUNICIPAL CODE, TO CHANGE TERMS OF APPOINTMENT OF THE EQUITY AND DIVERSITY COMMISSION, IN ORDER TO STAGGER THOSE TERMS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Moved by Councilmember Hernandez; seconded by Council President Fenton; to have the proposed ordinance read by title only. The motion carried 6 -0. City Attorney Noe read the title of the proposed ordinance. Moved by Councilmember Hernandez; seconded by Councilmember Linder; to approve the proposed ordinance as presented. The motion carried 6 -0. APPROVED ORDINANCE NO. 1871 City of Tukwila City Council Regular Meeting Minutes REPORTS: a. Mayor Mayor Rants reported to Council on accidents which have occurred on 42 °a Avenue. There have been a total of 6 accidents on that street in a five -year period. This is not an accident -prone street per se. As it relates to the most recent accident in that location, Police have not completed their investigation. Mayor Rants then reported security concerns at the Community Center. Thefts from locker rooms have occurred, etc. In an attempt to curb the thefts, shrubs will be cut in front of the Center; personal -sized lockers are being installed in the fitness rooms for wallets; cameras are being added and /or moved; and staff hours and coverage is being adjusted as well. b. Council Councilmember Duffle reported he will be absent from the May 24, 1999, COW meeting. Councilmember Hernandez attended a May 12 Communities in Action Breakfast meeting which benefits the Adult Literacy Program. She also attended a Suburban Cities dinner meeting the same date. Ted Freemire was the guest speaker on the Cascade Water Alliance. She will attend a REACH Executive Committee meeting on May 18. Finally, Ms. Hernandez reported attendance at a May 15 Housing Development Forum at Mercer Island. Council President Fenton attended a seminar for elected officials on May 11, which was a housing roundtable. Affordable housing was discussed at length and Section 8 housing was a focus. Mr. Fenton reported receipt of a letter of thanks from Senator Slade Gorton for our CDBG Funds resolution. Finally, the Council President reported attendance at a May 12 Lodging Tax Advisory Board meeting wherein Tukwila Days was a focus for the local restaurateurs. Also discussed was a proposed coupon book for use around Tukwila Days. Councilmember Carter will attend a SCATBd meeting on May 18 wherein subarea equity is on the agenda. She reminded all to attend the SAVE forum on violence at the Foster Auditorium at 6:30 p.m. on May 20. Ms. Carter noted an upcoming Southwest Visions 2000 Symposium and felt the City should have a representative present. She will attend that meeting. Councilmember Haggerton attended a May 12 Suburban Cities meeting at the Black Diamond Community Center. Mayor Rants was re- elected to serve another term on that committee. Page 6 of 8 May 17, 1999 City of Tukwila City Council Regular Meeting Minutes Mr. Haggerton and Mr. Fenton attended the Des Moines City Council meeting on May 13 wherein the Council debated and turned down the application for conveyer belt service to get dirt/landfill from the waterfront to the third runway. Councilmember Linder went to a May 11 Highway 99 Action Committee meeting. Mr. and Mr. Lin, of the Moonrise, donated $2,000.00 for highway improvements. Ms. Linder noted the next cleanup date for the Highway is June 19. The committee will meet at the 7 -11 and work south to 144 on the west side of the street. Next, Ms. Linder informed Council of a new program wherein staff at the Police Neighborhood Center telephones defendants reminding them of pending court dates. After only 7 weeks, attendance in court has gone from 40% to 67% showing. Ms. Linder reminded Council of a May 20 Duwamish Improvement Club meeting and a May 27 joint Council /School Board meeting at Showalter. Finally, Ms. Linder informed Council Judge Peter Lukevich was the May recipient for the Highway 99 Action Committee Award for making a difference on the Highway. c. Staff City Administrator John McFarland had no report. d. Attorney City Attorney Bob Noe had no report. MISCELLANEOUS: Mayor Rants spoke of his attendance at the Rainier Symphony on Sunday, May 16. He noted attendance at the concerts continues to increase. He was moved at their rendition of the Battle Hymn of the Republic and the feelings it stirred within the audience as well. (9:00 p.m.) Moved by Councilmember Duffie; seconded by Councilmember Hernandez; to recess :10 minutes and then to convene executive session. The motion carried 6 -0. EXECUTIVE SESSION: (9:12 p.m.) Executive session began. No action was taken. Page 7 of 8 May 17, 1999 City of Tukwila City Council Regular Meeting Minutes ADJOURNMENT: (9:39 p.m.) Moved by Councilmember Duffle; seconded by Councilmember Linder; to adjourn the meeting. The motion carried 6 -0. VL, I() 41,,,,4 JohJW. Rants, Mayor f4. NILO Robert H. Baker, CMC, Deputy City Clerk Date Minutes Approved: /99 Page 8 of 8 May 17, 1999