CITY OF SHORELINE
SHORELINE CITY COUNCIL
SUMMARY MINUTES OF REGULAR MEETING
Monday, May 8, 2000
7:30 p.m.
Shoreline Conference Center
Mt. Rainier Room
PRESENT: Mayor Jepsen, Deputy Mayor Hansen, Councilmembers Grossman, Gustafson, Lee, Montgomery and Ransom
ABSENT: None
1. CALL TO ORDER
The meeting was called to order at 7:32 p.m. by Mayor Jepsen, who presided.
2. FLAG SALUTE/ROLL CALL
Mayor Jepsen led the flag salute. Upon roll call by the City Clerk, all Councilmembers were present, with the exceptions of Councilmembers Grossman and Ransom, who arrived shortly thereafter.
3. REPORT OF CITY MANAGER
Councilmember Grossman arrived at 7:33 p.m.
Assistant City Manager Larry Bauman asked Council to add an item to the agenda to consider a waiver of the $221 permit fee for the Shorewood High School Stop the Hate Diversity March.
Mr. Bauman explained revisions to Ordinance No. 236, which appears on the agenda as item 7(c), and to Ordinance No. 235, which appears on the agenda as item 9(c).
Mr. Bauman reported that the Planning Commission has elected new officers: Marlin Gabbert, Chair; and Kevin McAuliffe, Vice Chair. The Council of Neighborhoods also elected new officers: Darlene Feikima, Chair; Bonnie Mackey, Vice Chair; and Margi King, Secretary.
Councilmember Ransom arrived at 7:38 p.m.
4. REPORTS OF BOARDS AND COMMISSIONS: None
5. PUBLIC COMMENT
(a) Walt Hagen, 711 N 193rd Street, requested information about a technology center at 192nd Street and Aurora Avenue.
(b) Patty Crawford, 2326 N 155th Street, discussed construction along Thornton Creek at 2330 N 156th Place. She provided a photograph of recent activity at the site. She highlighted statements from the Statewide Strategy to Recover Salmon.
(c) Tim Crawford, 2326 N 155th Street, reviewed correspondence from and to Planning and Development Services Director Tim Stewart. He asserted that City staff is not protecting Thornton Creek.
Mayor Jepsen explained that the Washington State Department of Transportation (WSDOT) owns, and Metro-King County operates, the park-and-ride at 192nd Street and Aurora Avenue. He said Shoreline Community College and the Edmonds Community College seek to site a technology center in the Shoreline-Edmonds area, and the colleges are considering the 192nd Street site among many others. He commented that several parties are considering the future use of the 192nd Street site. He stressed that no decisions have been made.
In response to Mayor Jepsen, City Attorney Ian Sievers advised that the City will be party to litigation regarding construction near Thornton Creek. He recommended against public comment about the issue by Council or staff.
6. APPROVAL OF THE AGENDA
Councilmember Lee moved to approve the agenda. Deputy Mayor Hansen seconded the motion.
Deputy Mayor Hansen moved that Council move agenda items 9(b) and 9(c) to the consent calendar and that Council add consideration of a waiver of the $221 permit fee for the Shorewood High School Stop the Hate Diversity March as new agenda item 9(b). Councilmember Gustafson seconded the motion, which carried 7-0.
Councilmember Montgomery moved that Council move new agenda item 9(b) to the consent calendar. Councilmember Grossman seconded the motion. Council-member Gustafson objected; therefore, Council did not move new agenda item 9(b).
A vote was taken on the motion to approve the agenda, as amended, which carried 7-0.
7. CONSENT CALENDAR
Deputy Mayor Hansen moved that Council adopt the consent calendar, as amended. Councilmember Lee seconded the motion, which carried 7-0, and the following items were approved:
Minutes of Workshop Meeting of April 17, 2000
Minutes of Dinner Meeting of April 24, 2000
Approval of expenses and payroll as of April 14, 2000 in the amount of $441,483.37
Ordinance No. 236, amending Ordinance No. 98 by closing the Advance Travel Fund
Motion to approve the amendments to Sections 4 and 7 of the City Manager’s employment agreement and an incentive payment for 1999 in the amount of $6,000
Ordinance No. 234 appropriating budget authority in 2000 for uncompleted 1999 capital projects
Ordinance No. 235 amending the 2000 budget for the early hire of three Public Works positions and the hire of one new position in October 2000
8. ACTION ITEMS: PUBLIC HEARINGS
(a) Public hearing to consider citizens comments regarding Ordinance No. 233, which established a moratorium on the establishment of new pari-mutuel off-track betting facilities as a principal use or accessory use to existing commercial establishments with the City of Shoreline
Mr. Sievers reviewed the staff report.
Mayor Jepsen opened the public hearing.
(1) Ed Ives, 2106 N 156th Place, asserted his right to spend his time as he sees fit. He said health problems make it difficult for him to travel to Emerald Downs via public transportation. He commented that businesses on Aurora Avenue have no impact on students at Shorewood High School.
(2) David Osgood, 1411 4th Avenue, Suite 1500, Seattle, spoke as the attorney for Parker’s. He questioned the need for the public hearing. He noted that Parker’s received interim permission to provide off-track betting and that it has provided the service since May 4. He reported a lack of parking problems. He said secondary social impacts to Shoreline have only been positive. He asserted that King County Superior Court Judge Robert Alsdorf found as fact, and as a matter of law, that Parker’s submitted an application to provide off-track betting prior to Council adoption of the moratorium. He questioned the use of tax revenues to fund the work of the City Attorney and two legal consultants to oppose off-track betting at Parker’s. Noting that Parker’s had offered to prohibit persons under 21 years of age from its premises, he said Shorewood High School and youth gambling will not be an issue. He asserted that Parker’s wants to work positively with the City to address its concerns.
(3) Ken Howe, 745 N 184th Street, commented that gambling is getting out of control, as had been predicted during Council discussions earlier in the year. He said the Washington State Gambling Commission would not have allowed a new business to build and provide off-track gambling at the Parker’s site. He asserted neighborhood opposition to off-track betting at Parker’s. He said if Seattle makes gambling illegal, Shoreline should also.
(4) Carol Henry, 17001 Aurora Avenue N, spoke as General Manager of Parker’s. She reported that Parker’s provided off-track betting for the Kentucky Derby May 6. She anticipated that it will turn out to have been the busiest day of the year. She noted a lack of behavior and traffic problems.
(5) Bill Bright, 5701 Seaview NW, Seattle, supported the provision of off-track betting at Parker’s. He commented that gambling at Parker’s is safer than traveling to Emerald Downs. He mentioned that Parker’s attracts customers for other Shoreline businesses.
(6) Ron Ray Bowes, 13111 82nd Avenue NE, Redmond, sought to speak on behalf of disabled people in support of Parker’s as an accessible provider of pari-mutuel betting.
(7) Fred Rantz, 3008 NE 185th Street, mentioned his enjoyment of horse racing. He supported Parker’s as local access to pari-mutuel betting.
(8) Chuck Potter, 419 S 146th Street, Seattle, spoke as the Director of Simul-casting at Emerald Downs. He noted that Emerald Downs has 18 other off-track betting sites in Washington and that it has not experienced opposition previously. He asserted a lack of negative impacts during the first weekend of operation at Parker’s, when roughly 250 people came to Parker's for the Kentucky Derby. He said Parker’s employs several Shoreline residents. He mentioned that off-track betting helps to support horse racing at Emerald Downs.
(9) Jim Mumm, 1615 N 143rd Street, noted the long history of horse racing in the country and the region. He said patrons of off-site betting establishments are "less trouble" than those of mini-casinos. He commented that the Parker’s site provides sufficient parking and accommodates traffic.
(10) Bob Frazier, 3501 20th Avenue Court SE, Puyallup, spoke as Director of Operations at Emerald Downs. He cited research by Emerald Downs identifying its average customers as 55-year-old, highly-educated men. He asserted a lack of negative impacts of off-track betting sites in other communities (e.g., Everett, Yakima and Auburn). He asserted the benefit of off-track betting at Parker’s to horse racing enthusiasts. He noted that horse racing is recovering as an industry in the region.
(11) Don Dennis, 19817 10th Place NW, objected to the comparison of gambling on horse races to gambling on cards. He noted the round-trip distance from his home to Emerald Downs—80 miles—and the round-trip distance to Parker’s—four and a half miles.
(12) Gene Sharpe, 16243 14th Avenue NE , reviewed his long involvement in horse racing. He supported off-track betting at Parker’s, and he opposed the moratorium.
Councilmember Lee moved to close the public hearing. Councilmember Gustafson seconded the motion, which carried unanimously.
Mr. Sievers acknowledged the preliminary injunction against application of the moratorium to Parker’s. He explained that the moratorium is necessary to address other potential sites in Shoreline while the City determines whether regulations are necessary to control this form of gambling.
Mayor Jepsen noted that Council is obligated under State law to hold a public hearing.
In response to Councilmember Ransom, Mr. Sievers said there is no settlement at this time concerning off-track betting at Parker’s.
Councilmember Lee asserted that the moratorium is part of the "due process" that Council has undertaken to understand the implications of off-track betting in Shoreline.
Councilmember Gustafson asserted the need for the moratorium to consider the impacts of off-track betting at Parker’s. He stressed his concern about the proximity of Shorewood High School.
9. OTHER ORDINANCES, RESOLUTIONS AND MOTIONS
(a) Ordinance No. 237 establishing a moratorium on acceptance and processing of new franchise applications for telecommunications service providers within the City of Shoreline and declaring an emergency
Kristoff Bauer, Assistant to the City Manager, reviewed the staff report. He explained that the proposed moratorium provides time for staff to develop, and Council to consider and adopt, legislation to implement the new State law concerning management of municipal right-of-way.
Councilmember Montgomery moved that Council adopt Ordinance No. 237 establishing a moratorium on acceptance and processing of new franchise applications for service providers. Deputy Mayor Hansen seconded the motion.
In response to Councilmember Grossman, Mr. Bauer said staff intends to propose draft legislation within the 65-day period of the proposed moratorium.
In response to Councilmember Ransom, Mr. Bauer explained that the moratorium applies to the application for, and the processing of, new franchises. He said utilities currently providing services in Shoreline are already franchised, and the moratorium will not disrupt the progress of franchise negotiations with other utilities. He said it would be difficult for staff to develop regulations at the same time that it processes franchise applications and permits.
In response to Councilmember Lee, Mr. Bauer said the new State law focuses on telecommunications. He explained that the moratorium will give staff time to develop regulations of sufficient specificity to allow the City to control the operation of wireless telecommunications providers in its right-of-way.
Councilmember Lee questioned the applicability of the City’s ordinance regarding wireless telecommunications facilities. Mr. Bauer said the wireless telecommunications facilities ordinance references the City franchise ordinance in the case of wireless facilities in the right-of-way. He reiterated that the franchise ordinance may not be specific enough to be enforceable under the new State law. He said staff will propose new regulations related to the siting of wireless facilities in the right-of-way and a specific franchise application process for consideration by Council.
Councilmember Gustafson supported the adoption of the moratorium to give the City time to study and discuss options. Councilmember Montgomery agreed.
Councilmember Ransom expressed his willingness to support the moratorium and his opposition to its extension. Mr. Bauer noted that earlier drafts of the new State law included a delayed effective date to give cities time to implement necessary regulatory changes.
Mayor Jepsen said the moratorium is a response to what happened in Olympia. Deputy Mayor Hansen commented that the City was in compliance with the State laws that previously existed and that it needs time now to comply with the new law.
Councilmember Grossman asserted that the number of moratoriums the City has recently enacted is symptomatic of the complexity of the current regulatory environment.
A vote was taken on the motion, which carried 7-0, and Ordinance No. 237 establishing a moratorium on acceptance and processing of new franchise applications for service providers was adopted.
(b) Waiver of fee in the amount of $221 for the Shorewood High School Stop the Hate Diversity March
Mr. Bauman reviewed the request of Shorewood High School student Leah Montange, during public comment at the May 1, 2000 Council workshop, for a waiver of the right-of-way use permit fee for the Shoreline Diversity March.
Councilmember Lee moved to authorize the City Manager to waive payment of fees in the amount of $221 for a right-of-way use permit to be issued to Shorewood High School for its Diversity March on May 10, 2000. Councilmember Ransom seconded the motion.
Councilmember Ransom asserted that Council should support a student-sponsored march as a "non-special expense item."
Councilmember Gustafson expressed support for student-sponsored activities. However, he advocated that Council consider the long-range ramifications of waiving fees for different activities.
Deputy Mayor Hansen agreed. He noted his concern about the precedent that Council is setting. He advocated that Council direct staff to develop a policy on fee waivers for Council consideration.
Councilmember Ransom asserted a relationship between Council policy on fee waivers for student-sponsored events and the willingness of the School District to waive fees for City use of District facilities.
Councilmember Grossman highlighted the need for increased awareness of diversity in the community. He said the demographics of elementary school students in Shoreline show "a huge change coming in the next 15 to 20 years." He advocated Council support for student efforts to foster positive awareness of the issue.
Councilmember Gustafson asserted his support for waiving the fee for the march, and he reiterated the need for a policy to address future requests for fee waivers.
Mayor Jepsen indicated his support for waiving City fees for student events sanctioned by the School District. He said this position is consistent with the Council position, in City negotiations of a memorandum of understanding with the School District, that taxpayers should not have to pay twice for public facilities.
Councilmember Montgomery expressed support for Council consideration of a policy on fee waivers.
A vote was taken on the motion to authorize the City Manager to waive payment of fees in the amount of $221 for a right-of-way use permit to be issued to Shorewood High School for its Diversity March on May 10, 2000. The motion carried 7-0.
Councilmember Gustafson advocated that staff include the waiver of City fees in the memorandum of understanding between the City and the School District.
10. CONTINUED PUBLIC COMMENT
(a) Walt Hagen, 711 N 193rd Street, objected to the letter of May 4 from Mr. Stewart to the attorney representing Mr. and Mrs. Crawford. He asserted longstanding, common understanding of Thornton Creek as a salmonid creek. He commented that the City may have made a mistake in permitting construction near the creek. He said the City should admit the mistake and withdraw the building permit.
(b) Margi King, 20307 25th Avenue NE, mentioned the limited amount of parking available for City meetings at the Shoreline Conference Center and questioned the status of planning for a City Hall. She noted the presence of an off-duty police officer at the Richmond Highlands Teen Recreation Center, and she inquired about police presence, or police plans to respond to problems, at the Shoreline Eastside Late Night Teen Program at the Aldercrest Annex. Finally, she recognized the responsiveness of the City to citizen concerns.
(c) Sali Roguero, 2155 N 159th Street, advocated adoption of a City law to require pet owners to scoop and dispose of pet wastes.
Mr. Bauman agreed to discuss police presence at the Eastside Late Night Teen Program with Teen Program Supervisor Mary Reidy.
In response to Mayor Jepsen, Mr. Sievers commented that the City may be able to require pet owners to scoop and dispose pet wastes under its litter ordinance. Councilmember Lee commented that the City cannot enforce its leash law, let alone a scooping law. Mayor Jepsen identified these as public education issues.
Councilmember Lee recognized the City student interns in attendance at the meeting.
11. EXECUTIVE SESSION
At 9:00 p.m., Mayor Jepsen announced that Council would recess into executive session for 20 minutes to discuss one item of potential litigation.
At 9:45 p.m., the executive session concluded, and the regular meeting reconvened.
12. ADJOURNMENT
At 9:46 p.m., Mayor Jepsen declared the meeting adjourned.
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Sharon Mattioli, CMC
City Clerk