HomeMy WebLinkAbout2000-03-13 Committee of the Whole MinutesTUKWILA CITY COUNCIL
March 13, 2000 7:00 p.m.
Council Chambers City Hall
CITY COUNCIL OF WHOLE COMMITTEE MEETING MINUTES
CALL TO ORDER: Council President Joe Duffie called the Committee of the Whole meeting
to order and led the audience in the Pledge of Allegiance.
COUNCILMEMBERS PRESENT: Council President Joe Duffle, Councilmembers Pam
Carter, Dave Fenton, Joan Hernandez, Pamela Linder, and Richard Simpson.
Excused absence: Councilmember Jim Haggerton.
OFFICIALS: Steve Mullet, Mayor; John McFarland, City Administrator; Keith Haines, Police
Chief; Bob Abbott, Crime Prevention Officer; Bill Denton, Program Design Coordinator; Alan
Doerschel, Finance Director; Steve Lancaster, Director of Community Development; Deb Ritter,
Assistant Planner; and Bob Baker, Deputy City Clerk.
CITIZEN COMMENT'S /CORRESPONDENCE:
There were no public comments.
SPECIAL ISSUES:
a. An ordinance prohibiting certain gambling activities
Assistant Planner Deb Ritter reported the proposed ordinance for consideration is a result of
ongoing discussion and research by the Council, Community Affairs and Park Committee, City
Attorney and Community Development staff. During this time, regular contact was also
maintained with the Association of Washington Cities (AWC) and other jurisdictions across the
state.
The proposed ordinance would allow continuing operation of existing casinos and would
grandfather a proposed casino currently undergoing the development process. No new casinos
would be allowed under the proposed ordinance.
Councilmember Hernandez noted additional research obtained revealed 18 surrounding
jurisdictions have banned mini casinos and two have included provisions for grandfathering
existing mini casinos. She remarked that the proposed ordinance is a moderate approach that
does not totally ban mini casinos. Councilmember Linder noted some of the Committee's
discussion concerned the State not providing additional guidelines on the issue. Councilmember
Carter agreed that the State Gambling Commission has forced cities to take measures due to
limited authority by jurisdictions to regulate gambling within its jurisdiction.
Councilmember Carter suggested including additional language to clarify provisions concerning
the expansion of existing gambling establishments once they have been built or who have ceased
gambling operations during a renovation.
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Councilmember Simpson questioned how the ordinance would address an establishment that was
destroyed by fire or other natural disasters. Director Lancaster replied there are provisions in the
zoning code for non -use of a facility if damage occurs to 50% or more of the structure. The
provision prohibits non conforming use to reoccur once a structure has been rebuilt. Director
Lancaster noted provisions are different between the different zoning codes concerning non-
conforming use and indicated there are thresholds established for fire damage and other natural
disasters where the use cannot be re- established.
Director Lancaster reported staff would draft language that closely parallels the zoning code
amortization provisions for Council's review.
Dwight McLean. 13015 38 Avenue S.. Tukwila said the issue concerns him to the extent that
other options have not been considered. One option is to ban casinos in Tukwila entirely due to
the social costs incurred. He cited incidents of people paying for groceries with food stamps
while buying lottery tickets with cash. He suggested that many people in the community are
looking for a quick and easy way to make money. He suggested the ills of gambling are being
overlooked due to the tax revenue potential available to the City because of gambling activities.
Mr. McLean pointed out that gambling results in high social costs for the Council to consider
allowing existing gambling operations to continue.
Anna Bernhard, 14201 59 South. Tukwila questioned the allowance of a Las Vegas mini
casino and how it would relate to the proposed ordinance. Councilmember Fenton shared that an
applicant had applied for an expansion of an existing business to establish a Las Vegas type
gambling operation before the moratorium. Subsequently, the moratorium halted expansion
development plans. Under the proposed ordinance, the City would allow the expansion to occur,
as the applicant was already vested in the development process before the moratorium.
Ms. Bernhard expressed her opposition to any additional gambling facilities.
Pat Walker, Marketing Director, Riverside Casino said many employees of the casino are
making "living wages" for the first time in their lives. He reported many employees have
expressed a desire for him to convey this fact to the City when gambling issues are being
considered. Mr. Walker reiterated casinos provide jobs to the community and employees
compensated well and have excellent benefits.
Councilmembers agreed to establish a public hearing on the proposed ordinance at the April 3rd
Council meeting.
b. An ordinance amending the Sign Code
Assistant Planner Deb Ritter reported the ordinance proposes changes in the types of temporary
signs and reviewed the types of signs affected by the proposal. She referred to a flyer in the
agenda packet that outlines the current and proposed changes specific to each type of sign.
Planner Ritter reviewed the public notice and hearing process and outlined some of the options
available for the Council to consider.
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Councilmember Fenton reported the Community Affairs and Parks Committee reviewed the
proposed amendments. He complimented staff for developing an informational flyer that
provides clear information on the proposed changes. He noted both the Planning Commission
and the Community Affairs and Parks Committee have spent considerable time reviewing the
proposed changes and encouraged the Council to move forward on adopting the proposed
ordinance.
Planner Ritter responded to a question from Councilmember Carter concerning searchlights and
explained searchlights are treated in the same manner as temporary signs. Up to two temporary
signs may be displayed by a business (balloon, searchlight, banner, etc.) on a temporary basis
under the proposed ordinance. Previously, up to four temporary signs was allowed. Director
Lancaster said searchlights have always been covered under the temporary sign provision.
Councilmember Carter suggested including clarifying language in all sections of the ordinance
pertaining to temporary signs pertaining to balloons, searchlights, banners, etc. Director
Lancaster provided examples of previous applications for temporary signs that have been
processed by the City.
Councilmember Carter expressed concerns with temporary window signs and referred to
previous discussions specifically addressing grocery stores that have specials that change on a
weekly basis. During those discussions, a square footage formula was proposed. However, the
proposed ordinance includes a provision for window surface that is applicable to all businesses.
She noted the proposed provision does not address businesses that do not have windows.
Councilmember Carter expressed uneasiness with limiting temporary signs to windows only as it
eliminates those businesses with no window space.
Council discussion ensued on different examples of temporary signs and circumstances where
they are effective and in some cases cause an eyesore.
Mayor Mullet asked if the previous concerns about searchlights and the allowed duration were
properly addressed in the proposal. Director Lancaster said previously, searchlights were
allowed up to four 10 -day periods during a year. The proposal limits searchlights to seven days
and only on grand opening occasions.
Council President Duffie encouraged Councilmembers to proceed with adopting the proposed
ordinance and acknowledged the ordinance would not satisfy everyone, but is needed for the
community. Councilmember Fenton reiterated the hard work of staff and the Community
Affairs and Parks Committee and explained the difficulty of incorporating all circumstances
within the ordinance.
Director Lancaster responded to concerns by Councilmember Carter about the public notification
process. An April 17 public hearing would limit notification to direct mailings to businesses
only and public hearing notices published in the newspaper. It is unlikely a general mailing to
the public could be accomplished within the timeframe.
Council President Duffie opened the meeting to public comments on the proposed ordinance.
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c. An ordinance ensuring citizen safety in overnight lodging
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March 13, 2000
Dwight McLean, 13015 38 Avenue S.. Tukwila asked how individuals carrying business sale
announcement signs within the retail business district would be handled under the proposed sign
code amendments. Administrator McFarland reported past court cases have ruled that signs
carried by individuals are considered as a "protected speech" issue and cannot be enforced by a
city's sign code ordinance.
Nancy Damon, Southwestern King County Chamber of Commerce referred to a Rotary Club
haunted house in October 1999 and requested verification regarding the limitations of
searchlights imposed by the proposed ordinance. Director Lancaster reported searchlights are
limited to grand openings or businesses that are undergoing a management change.
Anna Bernhard. 14201 59 South, Tukwila inquired about how allowed signage space is
calculated for window signs and the difficulty of enforcing various sign code infractions that
have occurred throughout the City. Councilmember Carter replied that most businesses would
put up smaller signs to account for the window space percentage allowed for window signs.
Councilmember Carter requested staff research and clarify potential conflicts concerning real
estate sign exemptions pertaining to off premise permanent signs versus temporary real estate
signs and provisions for the number of calendar year renewals for temporary signs and potential
implications of temporary signs eventually becoming permanent signs.
Police Chief Keith Haines reported several hotels and motels within the City are located within
unsafe locations that attract criminal activity. Typically, criminal behavior has been drug related,
which has manifested into other types of crime, such as thefts, prostitution, burglaries, robberies,
and assaults.
Chief Haines introduced Crime Prevention Officer Bob Abbott who presented a report on a
program and an ordinance to assist in reducing crime within the hotel and motel industry.
Office Abbot reported the goals of the program are to develop a partnership between the guest
industry and law enforcement, nurture a sense of community among individual businesses, and
discourage criminal /anti social abuse of hotel /motels.
Officer Abbot reported in 1999, 1,235 calls for service were dispatched to hotels and motels.
Those calls equaled approximately 5 -10% of all calls for service within the City. One fifth of
the hotels and motels accounted for 75% of the service calls. Approximately, 10% of the hotels
and motels accounted for less than 10% of the incidents.
The program identifies several options to begin resolving the problem. One option is to do
nothing and continue to invest police resources, abate the worst offenders and live with the
reputation. Option two would develop a set of one -size fits -all strategies and over -tax those who
are already successful, under direct those who are struggling the most, and create huge demands
on the overseeing organization. Option three is the recommended option and consists of
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March 13, 2000
formulating "action plans" based on calls- for service per room (CFS /R); ranking all hotel /motels
by CFS /R; grouping the hotels /motels by risk and placing into corresponding categories; and
propose meaningful strategies for each group.
The framework for the program includes instituting a program based on individual or small
group need and (1) recognizing and celebrating successes, (2) providing guidance to the
moderately challenged, and (3) giving detailed and specific direction to those most at risk.
Approximately one half of all hotels /motels would fall under group one. Group one experiences
the least criminal problems and the program would institute a contract of cooperation between
the business and the police department and be coupled with participation in the Hotel and Motel
Managers Network. Group two accounts for approximately 16% of hotel /motel crime. The
action plan for group 2 would provide a modest set of guidelines and recommendations from
trained police personnel and be coupled with participation in the Hotel and Motel Managers
Network. Group three accounts for approximately 75% of hotel /motel crimes. An action plan
for group three includes recognizing that that hotels /motel are at serious risk and providing
specific guidelines to return control of the businesses to owners. Establishments
unable /unwilling to comply with the plan should be considered for abatement.
Officer Abbott explained the program components of a Contract of Co- Operation for each of the
three groups, which would range in intensity dependent upon what group the hotel /motel is
assigned to. He noted the proposed strategies are accepted standards within the industry.
Officer Abbot concluded his presentation and highlighted the benefits the lodging industry and
the community would receive from the program. Benefits to the lodging industry include
increased communication within the industry, recognition to successful establishments, reduction
in liability costs, and an opportunity for every business to succeed. The City would receive an
expanded community partnership, improvement in Tukwila's overall image, increased public
safety, and tools to deal with non compliance.
Councilmember Hernandez reported Councilmember Haggerton has expressed support for the
proposed program. She thanked Police Department staff for the work completed on the program.
Councilmember Fenton inquired as to what criteria has been defined to establish the Hotel /Motel
Managers' Network and how often would meetings occur. Officer Abbot replied the meetings
are proposed to be held semi annually. The network would eventually be organized much like
the Highway 99 Action Committee and be directed by participating hotel /motel managers. Chief
Haines noted hotel /motel network members might choose to conduct meetings more frequently.
Councilmembers expressed approval of the proposed program. Councilmember Carter suggested
staff review sections of the ordinance language pertaining to monitoring timelines to determine if
the language would be more appropriate to include within the operational guidelines rather than
the ordinance.
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Councilmembers supported Officer Abbott's request to present the program at the next meeting
of the Highway 99 Task Force and established May 1 for a public hearing on the proposed plan.
d. A resolution endorsing the South King County Human Services Forum
Councilmember Linder reported that it might be too premature for the Council to consider
adopting the proposed resolution as the organization has not adopted its mission statement or
established goals.
Councilmembers agreed to forward the proposed resolution to Community Affairs and Parks
Committee for final review and recommendation.
e. Valley Com Interlocal Agreement
Administrator McFarland advised the Council the agreement is first in a series of actions
expected regarding Valley Com. The proposed agreement is a first draft of the Interlocal
Agreement. The final version was received earlier in the day, with minimal changes. Tukwila
has been a member of Valley Com since 1977 and since that time the interlocal agreement has
been updated and revised several times. The proposed agreement includes the City of Federal
Way as a member of Valley Com, which would increase the membership to five cities. In
addition, the agreement creates a provision that if any of the existing assets of Valley Com (land,
equipment) were ever liquidated, those assets would be evenly distributed between the original
four member cities. When a new facility is constructed, current assets would be liquidated and
dispersed to the original four member cities. The agreement includes a declaration that the new
center is a "special facility" and is exempt under the RCW. This will expedite the securing of
equipment and allow the organization to solicit purchases without requiring the agency to
participate in normal bidding processes.
Administrator McFarland said the final version contains minor technical edits and some deletion
of language pertaining to Federal Way's membership. The document is essentially the same as
the first draft. Councilmember Fenton noted the financial impact on Tukwila because of Federal
Way's membership remains the same.
Administrator McFarland shared that the City of Kent would pass an ordinance creating a Public
Development Authority (PDA). The Authority consists of Valley Com member cities. The
cities of Tukwila, Renton, Auburn, and Federal Way will pass accompanying ordinances that
recognize Kent as creating the PDA. The action required by Tukwila includes approving the
Interlocal Agreement, which recertifies Tukwila as a Valley Com member, and acknowledging
the creation of the PDA by the City of Kent. The purpose of the PDA is to sell bonds for
construction of the new facility. This distributes the risks and liabilities evenly between the five
member cities and allocates bond debt amongst the cities.
Director Doerschel provided a financial briefing on the new Valley Com facility. He referred to
development of bylaws and the charter of the PDA, which explains the organizational aspect of
the PDA in more detail. The proposed two -page ordinance for the adoption of the PDA will be
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City Council of Whole Meeting Minutes
presented to the Council for adoption on April 3, 2000. The other member cities are also
targeting approval of their respective ordinances in April.
Director Doerschel referred to the financial planning model and noted there is an increase in debt
service beginning in 2001. Subscribers will pay for some of the debt. Members will determine
the way rates are established and how they are paid. He noted the proposed PDA financial
package would be presented to the Finance and Safety Committee on March 20 followed by
Council review on April 3rd
f. Revisions to Mithun Partners contract for services
Page 7 of 10
March 13, 2000
Administrator McFarland noted all changes appear in underline. Councilmember Linder
cautioned the Council not to make a decision on the revision until all of the facts are known.
Councilmember Hernandez reported the decision to reduce the scope of work involving the study
for the sale of the City Hall and the Minolta buildings was based on the vote of the Council,
which indicated there wasn't full support to pursue studies. Councilmember Linder expressed a
desire to reopen the issue and to consider it as an option. Councilmember Carter suggested
replacing "relocation of police /court facilities" with "relocation of some City functions" as the
study also recommends evaluating the space and staffing needs and considering the relationships
and interaction between the community and services provided at City Hall.
Councilmember Fenton affirmed his preference to look at the entire City Hall instead of only
relocation of the police /court facilities. Mayor Mullet said the study would evaluate the needs of
the entire City. Administrator McFarland cautioned there might be some economic implications
and moving the police /court facilities might limit the City's ability to locate other non associated
City activities. He remarked it might make better sense to determine the City's entire needs and
then make decisions on where to locate them. Certain functions within Administration interact
on an hourly basis.
Councilmember Fenton commented that once all the data has been determined, it really is
Administration's responsibility to provide a recommendation to the Council. Administrator
McFarland indicated the consultant would analyze the City's space needs and provide a
recommendation on where different departments within the City should be located.
Administration will provide the findings and options and submit a recommendation to the
Council.
Administrator McFarland reported costs for consultant services have been negotiated for
approximately $30,000.
Mayor Mullet addressed concerns regarding the public process and reported numerous meetings
have been held with the public previously although presenting the options to the community
would still be necessary. He noted this could be accomplished through a Council meeting with
proper advertising. Administer McFarland reported two groups that have been involved closely
with the Highway 99 revitalization project are the Highway 99 Task Force and the Community
Oriented Policing Advisory Board. They will be included in future discussions.
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City Council of Whole Meeting Minutes
Council President Duffle invited public comments.
Councilmembers approved moving the issue to a regular meeting.
g.
Discussion of funding litigation against I -695.
Councilmembers concurred with the proposed action to adopt the resolution.
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March 13, 2000
Dwieht McLean, 13015 38 Avenue S., Tukwila agreed with Councilmember Carter's
comments and indicated eliminating the stakeholder committee might close some doors that
should not be closed. He noted the committee of 15 -20 members should not affect progress of
the project. He volunteered to assist with any stakeholders meetings.
Councilmember Hernandez reported the Mithun Partners contract for services has been reviewed
several times during Committee meetings. The issues were thoroughly reviewed and any public
processes deleted were intended to help streamline the process.
Administrator McFarland reported the City received a letter from the mayors of Bainbridge
Island, Bremerton, and Lakewood advising the City of their intent to pursue legal action on
clarification of I -695 and how it impacts local proprietary services and charges by cities. The
mayors are requesting funding equal to an amount of one special election within the City of
Tukwila. This would equal approximately $7,000 to $15,000. A number of lawsuits are pending
against 1 -695. The costs for filing the suit and the number of cities involved are not known. He
requested the Council consider during their deliberations, the City's fair share for reimbursement
costs or expect some return for its contribution, if the Council elects to contribute funding.
The majority of the Councilmembers expressed their support for adopting a resolution supporting
the proposed action but were not supportive of contributing financially or becoming a member of
the suit. Councilmember Simpson referred to the actions of voters in supporting I -695 as a
message to government to control spending. He favored not continuing the debate, indicated
businesses are required to make daily decisions concerning their financial viability, and
government should also have to abide by the same principles.
h. A resolution appointing Councilmembers to various regional and national
boards and committees.
Councilmember Carter reported the issue was raised during the last Council retreat concerning
formal appointment of Councilmembers to national boards and committees. She noted the intent
was to adopt a more formal procedure acknowledging appointments.
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City Council of Whole Meeting Minutes
REPORTS:
a. Mayor
Page 9 of 10
March 13, 2000
Mayor Mullet reported staff is preparing and submitting information for several grant
opportunities relating to the possible acquisition of park property and improving water quality of
Tukwila Pond. He reported the Administration is still pursuing Sound Transit. Staff met with
Sound Transit Board members in Olympia last week, who were lobbying the legislature for
funding.
Mayor Mullet met with the Student Council at Cascade Youth. He received several letters from
the students regarding his visit and shared some of their thoughts with Councilmembers.
Students enjoyed visiting City Hall along with the Mayor's office and other City Hall offices.
b. City Council
Councilmember Hernandez received a telephone call from Seattle South regarding an
upcoming meeting on Wednesday, March 15, at Glen Acres Golf and Country Club. The
speaker will speak about a homeless shelter proposal in Burien. An invitation has been extended
for a Tukwila representative to attend the meeting.
Councilmember Hernandez will attend the Highway 99 Action Committee meeting and is also
registered to attend the PSRC General Assembly on Thursday, March 16, 2000.
Councilmember Carter reported the last Suburban Cities meeting was held in Lake Forest Park
at the Third Place Books. She commented on the features of the building and indicated several
areas within the building are available for business meetings. She reported the meeting location
was an interesting place and attendees commented favorably about the location.
Councilmember Mullet urged Councilmembers to visit Third Place Books if they happened to be
in the area. He also commented on how interesting the building was.
Councilmember Carter reported the school district levy was 29 votes short of passage. The levy
will also be on the April 25 ballot.
She will attend a SCATBd meeting on March 14. Seattle has requested a non voting seat on
SCATBd. Councilmember Carter said she has reviewed the supporting documentation regarding
Seattle's request but does not think it is appropriate for Seattle to become a non voting member
and will vote against the request. She also plans to attend PSRC's Annual Meeting.
Councilmember Carter announced a mailing has been sent on a public information meeting about
Foster View on March 14.
Council President Duffie reported his area went without electricity for half a day. The trees
along Foster Park fell and hit electrical wires. He suggested staff consider removing the trees, as
they are dangerous. Mayor Mullet indicated staff is taking care of the situation.
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City Council of Whole Meeting Minutes
Page 10 of 10
March 13, 2000
Councilmember Simpson attended the Utilities Committee last week and reviewed several
information agenda items. One concerned the ATT /TCI agreement and US West's franchise
agreement. A Pine Street Water Quality Plan Update is now available for public comment.
c. Staff
Administrator John McFarland, referring to the upcoming sister City trip, noted the insurance
requirement for those taking the trip is an individual decision. A banquet for attendees will be
held on Saturday, March 18 at the Doubletree Suites. Dress is semi formal.
A couple of legislative bills are in the Conference Committee concerning I -695. They include a
house democrat budget, senate /democrat budget, and the state senate budget. Funding relief to
the City if any of the budgets are passed range from a low of $30,000 to $50,000 for criminal
justice funds that would be returned to the City.
Administrator McFarland complimented the Police Department on the work they are undertaking
with respect to lodging and visitor safety and indicated the City is undertaking a new venture that
most likely will receive some federal recognition.
d. City Attorney
No report.
ADJOURNMENT:
9:55 p.m. Councilmember Fenton moved, seconded by Councilmember Linder, to
adjourn the meeting. The motion carried 6 -0.
)h }1,1. Ira. <Q,h
Robert H. Baker, CMC, Deputy City Clerk
for Valerie Gow, Recording Secretary
Date Minutes Signed: 5 /_PP /00