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HomeMy WebLinkAbout2000-04-03 Regular MinutesTUKWILA CITY COUNCIL April 3, 2000 7:00 p.m. Council Chambers City Hall REGULAR MEETING MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE: Mayor Steven M. Mullet called the Regular Meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL: City Clerk Jane Cantu called the roll of Council. Present were Council President Joe Duffie and Councilmembers Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder, David Fenton and Richard Simpson. OFFICIALS: City Administrator John McFarland; City Attorney Bob Noe; Council Analyst Lucy Lauterbach; City Clerk Jane Cantu; Deputy City Clerk Bob Baker; Community Development Director Steve Lancaster; Public Works Operations Manager Pat Brodin; Parks Recreation Director Don Williams; Human Services Coordinator Evelyn Boykan; City Engineer Brian Shelton, Associate Planner Rebecca Fox and Assistant Planner Deborah Ritter. Linder moved; Haggerton seconded; to strike item (b) from the Old Business section of the agenda. The motion carried 7 -0. SPECIAL PRESENTATIONS: Introduction of new emnlovees Charles Claiborne. Custodian. Public Works Public Works Operations Manager Pat Brodin introduced Mr. Claiborne. He also reminded Council that Mr. Claiborne has previously worked as a part-time employee at the Community Center. Earl Robinson. Custodian. Public Works Public Works Operations Manager Pat Brodin introduced Mr. Robinson. Mr. Robinson comes to the City from the Boeing Company where he served for two years. Art Pederson, Assistant Planner, Community Development Mr. Pederson was not present. City of Tukwila City Council Regular Meeting Minutes PROCLAMATIONS /APPOINTMENTS Civil Service Commission Larry Alcantara, Position #1; term expires 12/31/03 (fills unexpired term) Mr. Alcantara introduced himself to Council. He noted his 28 years of public service as a civic volunteer and fielded miscellaneous questions from the Council. Hernandez moved; Fenton seconded; to appoint Larry Alcantara to the Civil Service Commission, Position #1, with a term set to expire on 12/31/03. The motion carried 7 -0. Human Services Advisory Board Michelle Mannings, Position #1; term to expire 04/30/01 (new) Human Services Coordinator Evelyn Boykan introduced Ms. Mannings. Ms. Mannings has extensive knowledge in the health -care industry as she has been a nurse for some time. She brings much enthusiasm to the Board. Haggerton moved; Linder seconded; to appoint Michelle Mannings to the Human Services Advisory Board, Position #2, with a term set to expire on 04/30/01. The motion carried 7 -0. Parks Commission Linda Stanley, Position #2; term to expire 03/31/03 (re- appointment) Ms. Stanley was not present. Hernandez moved; Duffie seconded; to re- appoint Linda Stanley to the Parks Commission; Position #1, with a term set to expire on 03/31/03. The motion carried 7 -0. CITIZEN COMMENT: Page 2 of 10 April 3, 2000 Georgina Kerr. 3834 So. 116th. Tukwila. thanked the Council for their support of the wildlife habitat project. She commented this is a far reaching project with enduring effects. CONSENT AGENDA: a. Approval of Minutes 03 -20 -00 Regular Meeting b. Approval of Vouchers 217896 220261 in the amount of 968,093.74 Hernandez moved; Duffie seconded; approval of the consent agenda as presented.* Councilmember Haggerton noted that while reviewing vouchers, he was able to ascertain the final number of student scholarships for the Ikawa trip is 17. *The motion carried 7 -0. City of Tukwila City Council Regular Meeting Minutes PUBLIC HEARINGS: a. An ordinance prohibitinu certain Eambline activities. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CREATING A NEW TMC CHAPTER 4.10 PROHIBITING CERTAIN GAMBLING ACTIVITIES; REPEALING ORDINANCE NOS. 1867, 1873 AND 1893; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE 7:17 p.m. Mayor Mullet opened the public hearing. Page 3 of 10 April 3, 2000 Assistant Planner Deborah Ritter noted the proposed ordinance is a product of much discussion and research by the City Council, Community Affairs and Parks Committee, City Attorney and City Planning staff. City staff has also been in constant contact with the Association of Washington Cities and Washington State Senate staff and jurisdictions across Washington. On December 6, 1999, when Council last discussed this issue, staff had good reason to believe the legislature would address the ambiguities of the statute. Now, however, State Senate staff confirmed all gambling related bills are dead for the 2000 session. The currently proposed ordinance would allow the four, currently existing casinos to be grandfathered. They are Pete's Flying Aces, Golden Nugget, Silver Dollar and Riverside Inn. As such, they would be allowed to operate at their current locations. They may increase the intensity of their use, but not expand their physical premises to accommodate an increase of the size of the gambling component of their business. The currently proposed ordinance would also grandfather the proposed Las Vegas Boulevard Casino. They would be allowed to submit applications for SEPA, shoreline, design review and development permits. If the permits are approved and if the Washington State Gambling Commission issues a gambling license to them, this mini casino would be allowed to open at its proposed location. Its use would be held to the same standards as the currently existing casinos. No new mini casinos will be allowed. At their March 13, 2000 Committee of Whole meeting, staff was asked to provide options that would address the potential destruction of these five casinos by fire, earthquake or flood. At this point, the proposed ordinance does not provide what staff feels is a realistic period to respond to such permit processes. Thus, staff recommends modification to the proposed ordinance which would allow sixty days from the date of fire, earthquake or flood to apply for all applicable permits; and one year from the date of fire, earthquake or flood to actually obtain the necessary permits. Discussions ensued regarding the ability of existing mini- casinos to increase their intensity of use in their current condition. No physical space may be added to increase the size of area within a building to increase gambling activity; e.g., potentially speaking, a mini casino could add on additional square footage for purposes other than gambling such as an eating facility. No square footage can be added to intensify or increase gambling activities. City of Tukwila City Council Regular Meeting Minutes Page 4 of 10 April 3, 2000 Steve Jones. Attorney at Law, representint SBD. Inc. and the applicant for the Las Veeas Boulevard Casino. spoke in favor of Council adopting this ordinance. It recognizes those who have expended significant amount of capital and have already been through the application for permit process. Don Smith, 5700 So. 129th. Tukwila. is very opposed to new construction of mini casinos; specifically with regard to the Diamond Mine Casinos. Mr. Smith is in favor of the currently proposed ordinance. Mayor Mullet reminded Mr. Smith that all gambling licenses are issued by Washington State. Richard Wizer. 14234 58th Ave. So.. Tukwila. asked the Council what value mini casinos bring to a community. Further he noted concern about potentially negative, secondary impacts to the community if any additional mini- casinos are erected. He is concerned about the need for police response to these places and asked if the Police Department has made any type of report on such activity. Finally, he asked Council to make a decision that's right for all citizens. Michael Islev. 14027 Interurban Ave., Silver Dollar mini- casino co- owner. Tukwila. responding to earlier comments about police activity at mini casinos, noted that since the Silver Dollar Casino was converted from a tavern, the amount of police calls has been reduced to "almost zero." He said the establishment is a very safe place to be. Further, he noted the old age of his facility as well as an interest in re- building the facility on the same property, yet in a different location. Dwight McLean. 13015 38th Ave.. So.. Tukwila. unsure whether casinos are operating under a non conforming use, asked why the Council would make a special consideration for them. He spoke against mini casinos in the Tukwila community and stated the social and community costs outweigh the benefits. Councilmember Haggerton asked Community Development Director Steve Lancaster if the casinos would be non conforming if the ordinance were adopted as currently proposed. Mr. Lancaster responded by saying, "They would not be a non conforming use..." Non conforming use is a zoning term and this would not be part of the zoning code. Georeina Kerr. 3834 So. 116th. St.. Tukwila. and Anna Bernhard. 14241 59th Ave. So.. Tukwila. spoke in favor of the ordinance. Pat Walker. Marketine Director. Riverside Casino. Tukwila. also responding to prior statements from a citizen, stated there have been less problems at the Riverside Inn compared to what he sees at nightclubs, etc. Mr. Walker speaks to police officers on a daily basis because police personnel know the restaurant and the employees who work there. He believes the Police Department would also present a favorable report. Finally, he noted the Riverside Inn Casino has been a good corporate citizen of Tukwila. City Administrator John McFarland reported Police Department personnel advise that law enforcement activity at casinos is negligible and is significantly less than it was when the casinos were operating taverns, restaurants and entertainment facilities without casino licenses. 7:42 p.m. Mayor Mullet closed the public hearing. City of Tukwila City Council Regular Meeting Minutes Council Deliberation: Page 5 of 10 April 3, 2000 Fenton moved; Duffie seconded; to have the proposed ordinance read by title only. The motion carried 7 -0. City Attorney Bob Noe read the title of the proposed ordinance. Fenton moved; Duffie seconded; to have the proposed ordinance adopted as read.* Discussion ensued between Councilmembers wherein it was decided the language in the ordinance must be re- worked to include provisions regarding length of time allowed to file permits after fire, earthquake and flood to existing facilities. Further, it was agreed verbiage should be included which would allow a person to build a new facility on the same property with the same size square footage if they demolish the existing building. The same holds true for when business are sold and use is to remain mini casino (again, referring back to the point that square footage could potentially be permitted to a business, but not for increased, intensified gambling use. The additional footage may be permitted only for other, non gambling uses). *Fenton removed his motion to adopt the proposed ordinance as presented; Duffie removed his second. City staff will continue working on the language for the proposed ordinance and bring it before the Council on April 10, at the Committee of Whole meeting for further consideration. b. An ordinance establishing a six -month moratorium on certain land develonment activities (Public Hearing nost adoption of Ordinance #19021 7:52 p.m. Mayor Mullet opened the public hearing. Community Development Director Steve Lancaster noted this public hearing is the result of a requirement of adopting a moratorium ordinance on February 22, 2000. The moratorium bans the filing of development and /or land use permits for community treatment centers, correctional facilities, transitional homes for prisoners, pre release centers, limited security detention facilities and similar land uses. Joanne McManus. 5610 So. 133rd. Tukwila.. spoke in favor of the moratorium. She is in favor of protecting everyone in the community and not putting them in any additional danger. Margaret Bratcher. 13003 56th Ave. So.. Tukwila. from the Foster Point Neighborhood, also spoke in favor of the moratorium and protecting the citizens of the City. 7:56 p.m. Mayor Mullet closed the public hearing. Council Discussion/Deliberation: There was Council consensus to continue the moratorium and to remand the item to staff for further work. Staff will also consider ways to implement changes to the Comprehensive Plan and /or Zoning Code to accommodate these types of land uses. City of Tukwila City Council Regular Meeting Minutes OLD BUSINESS: a. Comprehensive Plan Amendments Page 6 of 10 April 3, 2000 Associate Planner Rebecca Fox reviewed each proposed amendment individually and sought questions from Council and /or citizens upon considering each item. Ms. Fox reminded Council they do not have to make decisions on these proposed amendments and that City staff wants to hear what the public has to say about these proposals. Referring to Exhibit 2 in the staff report, Ms. Fox reviewed Council options after hearing from the public. Council may reject a proposal, modify and /or defer a proposal or refer a proposal to the Planning Commission for further review. As Council reviews the items under consideration, Ms. Fox noted some criteria considerations may be whether an issue has already been addressed within the Comprehensive Plan; if it has not been addressed, is there a public need to address the proposed change; is the proposed change the best means to identify the public need and will the proposed change result in a net benefit to the community. The first proposed amendment considered L99 -0092 To designate and undesignated area with a Low Density Residential Comprehensive Plan and Zoning Code Amendment designation for undesignated, unzoned area. Ms. Fox reviewed that portion of the staff report which applies to this proposed amendment. Mr. Rav Rosatto. 10818 Des Moines Wav So., Seattle. 98168. spoke regarding the article of land which would be affected by this proposed change. He noted the land is far too small to build upon. He also spoke against the low density residential zoning proposal. He asked the Council to leave it as is. Mr. Rosatto is one of the owners of this land and enjoys the low, yearly property tax rate. Next, Ms. Fox discussed proposed amendment L99 -0095. The proposed amendment is to establish Commercial Light Industrial Comprehensive Plan and Zoning Code Amendment designation for two adjacent parcels currently designated as Low Density Residential. Matt Peters. 13552 McAdam Road So.. Tukwila. spoke against the proposed amendment as it would eliminate his view. He spoke against increased noise levels, decreased sleep levels as well as an increase to traffic and congestion. Ted Nixon. 10024 SE 240th St.. Kent. spoke in favor of the proposed amendment and urged the City Council to forward this item to the Planning Commission for further consideration. Jill Peters. 13552 McAdam Road So.. Tukwila. wife to prior speaker, also spoke against the proposed amendment as it would greatly and negatively impact the quality of life near their residence. Ion Manea. 13407 48th Ave. So.. Tukwila. spoke in favor of the proposed amendment. He stated the nature of the proposed development should be relatively quiet and that the building will act as a sound barrier between existing residential properties and industrial enterprises to the east and north. He has a very similar situation with his property that he would like the City to consider as well. City staff will continue working with Mr. Manea on this issue. City of Tukwila City Council Regular Meeting Minutes Page 7 of 10 April 3, 2000 The next item considered was L99- 00085. This request is to modify part of the (North) Potential Annexation Area boundary which currently overlaps with the City of Seattle. This would also result in an amendment to the City's Comprehensive Plan map. The location is generally west of the King County Airport. A draft interlocal agreement with Seattle was also referenced as an attachment to the staff report. Charlie Harris. Mayor and resident of Normandy Park., noted he has property in South Park which is adjacent to the South end of the 14th/16th Avenue Bridge. This is the first time he's seen the draft interlocal agreement between Seattle and Tukwila. He noted the draft agreement was roughed out with "holes" and stated Council may want to more completely review the document before approving it. Specifically, he noted sections 1.3.1 and 2.1.2 may be of concern. Ms. Fox then discussed L99 -0088, North Boundary Adjustment. The requested amendment is to revise and simplify boundaries with Seattle and King County in the vicinity of King County Airport ((Boeing Field) and to change the Comprehensive Plan map accordingly. Next, L99 -0086 was discussed. This proposed amendment would amend the Comprehensive Plan and Zoning Code to allow office uses on the third story in the Neighborhood Commercial Center zones. Ms. Fox noted this would allow greater flexibility for development. Byron Saunders. 4118 So. 130th St.. Tukwila. spoke against this proposed amendment. He stated it would negatively impact the neighborhood. He is concerned with the net results of an "upgrade" in zoning in that area. Michael Jones. 13025 41st Ave. So.. Tukwila., also spoke against this proposed amendment. He stated to change the zone in that area would be a great disservice to the community. Dwieht McLean. 13015 38th Ave. So.. Tukwila. spoke against the proposed amendment and stated other zoning classifications may better meet the City's needs to keep the friendly residential atmosphere in that area. Byron Saunders, (address above), agreed with Mr. McLean's statements. He said people in that area are very proud of their neighborhood and a change in zoning may make residents move away. Community Development Director Steve Lancaster noted that at the recent Community Affairs and Parks Committee meeting, there was a discussion for a potential change not to the Comprehensive Plan map, but to the types of uses that are permitted in the manufacturing and industrial center /light designation. There has been considerable interest in the community in terms of the office market which is heating up. Additionally, there is an interest in looking at the MIC Light as a possible area to accommodate that market. The MIC Light area is fairly small and centered primarily in the area of SR599 and East Marginal Way. One of the issues in that area is a concern that appropriate buffers are provided between the industrialized area and the residentially designated areas. City of Tukwila City Council Regular Meeting Minutes Currently allowed in MIC Heavy is steel mills and fabrication; airplane manufacturing; etc. The MIC Light eliminates the heavier, noisier, vibration inducing kinds of uses, such as heavy metal fabrication plants, etc. Both allow office uses, yet they must be in conjunction with another permitted use. Discussions continued regarding MIC Heavy and MIC Light zoning designations. This information tends to "ducktail" [sic] with the issues at hand and should be considered soon. Ms. Hernandez noted the Council, at one time, expressed concern about more pawn shops being allowed in the NCC. She wondered if this would be a good time to again consider the issue. Mr. Lancaster said it could be reviewed at this time if Council so desired. There was consensus among Council to have Mr. Lancaster add that item to his "list." 9:08 p.m. Mayor Mullet closed the public meeting. b. A resolution endorsing the South King County Human Services Forum Item stricken. See page one for related motion. c. An ordinance approving the formation of the Valley Communications Center Development Authority NEW BUSINESS: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING THE FORMATION OF THE VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE City Attorney Bob Noe read the title of the proposed ordinance. Page 8 of 10 April 3, 2000 Hernandez moved; Fenton seconded to have the proposed ordinance read by title only. The motion carried 7 -0. Hernandez moved; Duffie seconded to have the proposed ordinance adopted as read. The motion carried 7 -0. APPROVED ORDINANCE #1912 a. Authorize Mayor to sign a contract with Gray Osborne in an amount not to exceed $144,000.00 for the Allentown Revitalization Project for water. sewer and surface water Haggerton moved; Linder seconded to authorize the Mayor to sign a contract with Gray Osborne, in an amount not to exceed $144,000.00, for the Allentown Revitalization Project for water, sewer and surface water. The motion carried 7 -0. b. Authorize Mayor to sign a Letter of Agreement with Mark Briggs Associates. Inc., in the amount of $29,000.00, plus expenses, not to exceed $2.500.00. for consultant services associated with the Economic Development City of Tukwila City Council Regular Meeting Minutes REPORTS: a. Mayor b. Citv Council Page 9 of 10 April 3, 2000 InitiativeBrownfield Economic Development Initiative and Section 108 applications. Carter moved; Haggerton seconded to authorize the Mayor to sign a Letter of Agreement with Mark Briggs Associates, Inc., in the amount of $29,000.00, plus expenses not to exceed $2,500.00, for consultant services associated with the Economic Development InitiativeBrownfield Economic Development Initiative and Section 108 applications. The motion carried 7 -0. Mayor Mullet reported a current State Senate proposal to suspend motor fuel taxes (federal project). The goal of the Senate in suspending the tax, is to make gas more affordable. Unfortunately, removal of the tax also removes about 7 billion dollars, annually, from fund accounts used to improve highways (i.e., T -21 fund). Council gave consensus to write letter. Mayor Mullet then reported receipt of a letter from the President of the Washington Municipal Clerks' Association (WMCA). The letter advises Mayor Mullet, Council and City staff that City Clerk Jane Cantu has been elected to serve as the association's Vice President for the 2000 -2001 year. Councilmember Hernandez reported attendance at the 3/29/00 Senior Adult luncheon and this evening's Finance and Safety Committee meeting. Ms. Hernandez plans to attend a 5:15 p.m. Equity and Diversity Committee meeting on 4/6/00 at Showalter Elementary School. Councilmember Carter reported that although she was unable to attend the 3/29 Foster Community Club meeting, she was aware that Crime Prevention Office Bob Abbott made a presentation on the new Safety and Overnight Lodging program being considered. On 3/31/00, Ms. Carter and the Mayor attended a CEEDS for Change program put on by the University of Washington in partnership with the Tukwila School District. This was a presentation and discussion of design proposals for making Tukwila and its schools wonderful places for children and their families. Next, Ms. Carter reported on Tukwila's response rate as it relates to the 2000 Census. As of last weekend, there was a national response rate of 55% percent; State response rate of 54 County response rate of 57 and a Tukwila response rate of 46 Council President Duffle was unable to attend the Volunteer luncheon as he had to respond to a situation at the new school. He completely appreciates the volunteers and their efforts. He noted their importance in the City. Councilmember Haggerton attended the 3/29/00 Volunteer luncheon. From those he spoke with, many comments and compliments were received for Don Williams and staff as they make the relationship between City staff and the citizens seem like a family -type relationship. Another area of discussion was the potential need for senior housing in Tukwila. City of Tukwila City Council Regular Meeting Minutes Councilmember Linder also attended the Volunteer luncheon and noted June Bradner was the Volunteer of the Year. Those she spoke with regarding senior housing in Tukwila only received a luke -warm reception. Councilmember Fenton attended a 3/28/00 Community Affairs and Parks Committee meeting. As a result of some of the discussions from that meeting, he and Ms. Linder visited the Helen Nelson property and Codiga Farms. For the record, Mr. Fenton noted to Council President Duffie that one of the topics for discussion at the previously mentioned was that of holding off site City Council meetings. That committee agreed that Neighborhood meetings which are subject specific meetings to a particular neighborhood or site could be held. Tuesdays are the best days foreseen at this time. Councilmember Simpson attended the Volunteer luncheon wherein he and his wife received awards. He also attended the Foster Community Club meeting on 3/29/00. He noted "dissention in the ranks" as it related to Safety and Overnight Lodging program. A suggestion was made for a letter of support for the program. There was no consensus for the letter to be written. c. Staff City Administrator John McFarland had no report. d. City Attorney City Attorney Bob Noe reported a written update on the status of City litigation is forthcoming. 9:25 p.m. Fenton moved; Linder seconded; to recess into executive session. The motion carried 7 -0. EXECUTIVE SESSION: Land purchase Pursuant to RCW 42.30.110(1)(b) 30 minutes 9:40 p.m. Executive session began. 10:10 p.m. Haggerton moved; Carter seconded; to extend the Executive Session an additional 30 minutes. The motion carried 7 -0. ADJOURNMENT: 10:13 p.ln. Duffie moved; Carter seconded; to adjourn the Executive Session, reconvene and adjourn the Regular meeting. The motion carried 7 -0. Steven M. Mullet, Mayor 51/6A YV"1'y LLQQ Page 10 of 10 April 3, 2000 Robert H. Baker, CMC, Deputy City Clerk Date Minutes Approved: April 17, 2000