HomeMy WebLinkAbout2011-02-14 Committee of the Whole Minutes o s Tukwila City Council Committee of the Whole Meeting
Q ,T 7= City Hall Council Chambers February 14, 2011 7:00 P.M.
1908 MINUTES
EXECUTIVE SESSION
Start: 6:15 p.m.
Council President Ekberg announced the purpose of the Executive Session is to discuss Potential
Property Acquisition or Lease Pursuant to RCW 42.30.110(1)(b).
It will last no more than 45 minutes, and no decisions will be made during the Executive Session.
Attendees: Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney;
Sara Springer, Assistant City Attorney; Rick Still, Parks and Recreation Director; Kimberly Matej, Council
Analyst; Tukwila City Councilmembers Joe Duffie, Joan Hernandez, Dennis Robertson, Allan Ekberg,
Verna Seal, Kathy Hougardy, De'Sean Quinn.
End: 6:57 p.m.
COMMITTEE OF THE WHOLE MEETING
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Council President Ekberg called the Tukwila City Council meeting to order at 7:08 p.m. and led the
audience in the Pledge of Allegiance.
OFFICIALS
Present were Allan Ekberg, Council President, Councilmembers Joe Duffie, Joan Hernandez,
Dennis Robertson, Verna Seal, Kathy Hougardy, De'Sean Quinn.
CITY OFFICIALS
Jim Haggerton, Mayor; Shelley Kerslake, City Attorney; Steve Lancaster, City Administrator; Shawn
Hunstock, Finance Director; Mike Villa, Assistant Police Chief; Bob Giberson, Public Works Director; Jack
Pace, Community Development Director; Minnie Dhaliwal, Planning Supervisor; Brandon Miles, Senior
Planner; Derek Speck, Economic Development Administrator; Mary Miotke, Information Technology
Director; Melissa Hart, Deputy City Clerk.
CITIZEN COMMENTS
There were no comments.
PUBLIC HEARING
a. Electric vehicle infrastructure code amendments.
State legislation has mandated that local governments allow electric vehicle (EV) infrastructure as a
permitted use in all areas not zoned for residential, resource uses or critical areas. The City's deadline
for adopting electric vehicle code amendments is July 1, 2011.
7:10 p.m. Council President Ekberg opened the Public Hearing and called for public
comments.
Minnie Dhaliwal explained that in 2009 the Washington State Legislature passed and the Governor
signed into law House Bill 1481 relating to electric vehicles. The City has until July 1, 2011 to adopt
electric vehicle infrastructure changes. She explained that the draft ordinance included in the agenda
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February 14, 2011 Page 2 of 6
packet includes a matrix of requested changes as a result of the January 24, 2011 Community Affairs and
Parks Committee meeting. Ms. Dhaliwal utilized a PowerPoint Presentation on the following:
House Bill 1481
Differences between Level 1 and Level 2 charging stations
Example of a Level 3 charging and battery exchange station
Charge Point Installation Options
Electric Vehicle Infrastructure model ordinance
Electric Vehicle Infrastructure model development regulations
Proposed Electric Vehicle Infrastructure code amendments for City adoption
Ms. Dhaliwal reviewed the draft ordinance and code amendments with the Council.
There were no public comments.
7:19 p.m. Council President Ekberg closed the Public Hearing.
SPECIAL ISSUES
a. Electric vehicle infrastructure code amendments.
Councilmember Seal indicated this item was discussed at the Community Affairs and Parks Committee
meeting on January 24, 2011. The committee members were unanimous in recommending approval.
In 2009, the Washington State Legislature passed House Bill 1481, an act relating to electric vehicles.
The purpose of the law is to encourage the transition to electric vehicle use and to expedite the
establishment of a convenient and cost effective electric vehicle infrastructure. By 2012 an estimated 10
to 12 models of highway capable electric vehicles will be available to consumers. The City has until July
1, 2011 to adopt electric vehicle infrastructure changes.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
b. An ordinance prohibiting social card rooms conducted as a commercial stimulant effective
January 1, 2014, and terminating the moratorium.
Shelley Kerslake, City Attorney, explained the draft ordinance included in the agenda package would
repeal the City's current ordinance and allow gambling for a specified period of time to be determined by
the Council. After the specified period of time, gambling activities would be banned citywide. This
approach allows establishments to recoup investments made to date in the current establishments, and
notifies future establishments that they are able to operate for a finite period of time. Ms. Kerslake
explained that a Public Hearing on this issue was held on January 24, 2011, and the Council discussion
was referred to this evening's meeting. The proposed ordinance is not the only option available to the
Council. Other options include a citywide ban on gambling activities; allowing gambling within the City
and modifying the City's gambling tax rate.
Kim McCoy, 14202 56 Avenue South, said he spoke at the January 24, 2011 Public Hearing on the draft
ordinance. He expressed concern that if the Council does not approve the draft ordinance, gambling
establishments will locate along Tukwila International Boulevard and he feels that would be terrible for the
City. He feels the provisions in the draft ordinance allow the current establishments sufficient time to
discontinue their operations, and provide notice to prospective establishments that gambling within the
City would be prohibited in 3 years.
Joan Mell, 1033 Regence Boulevard, Ste. 101, Fircrest, explained she is representing the Great
American Casino. She indicated the Council should not adopt the draft ordinance as presented. She
explained that the Council has other options available, and she asked them to consider her alternative
proposal. Ms. Mell distributed a copy of an ordinance that she has drafted. She explained the City could
amend the Comprehensive Plan Map to designate a zone specifically allowing social card game rooms.
This would allow the public to benefit from the taxing revenue the City receives, while allowing a form of
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February 14, 2011 Page 3 of 6
entertainment to remain in the City without unreasonable adverse social costs. She feels her proposal is
a win -win situation for everyone involved.
Victor Mena, 3964 262 Avenue SE, Issaquah, stated that he is the Chief Operating Officer of
Washington Gold Casinos, and he asked the Council to consider the zoning proposal that was presented
by Ms. Mell. He explained that at the January 24, 2011 Council meeting, the Council requested
information from the casino owners as to the total investment they have in their facilities in the City. He
explained his company rescued several properties from bankruptcy in 2010, and Washington Gold spent
approximately $11 million on those properties. The Golden Nugget was 1 of those rescued properties,
and he feels the total $11 million is their investment in the City. Mr. Mena read a letter from Washington
Gold's attorney, Dave Malone with Miller, Malone and Tellefson, who urged the Council to explore other
options allowing social card gaming within the City.
Mark Wahlstrom, 4802 South 150 Street, indicated that he previously provided testimony urging the
Council to adopt the draft ordinance. He reminded the Council they have the opportunity to shape the
City into their vision of what Tukwila should be in the future.
Marina Serna, 5626 South 150 Place, relayed that she has lived in the City for several years, and she
asked the Council to consider the future of Tukwila.
Mayor Haggerton stated the Council received an ordinance via email for Council consideration. He
explained that the ordinance provided to the Council was not presented by the City, nor was the
ordinance crafted by City staff.
The Councilmembers asked clarifying questions of staff and exchanged comments to include: changing
the sunset provision from 3 years to 5 years; approving the ordinance as presented; increasing the tax
rate from 10% to 15 conducting a special election and asking the residents to vote on the issue;
determining the timeframe associated with phasing out gambling; how the City will make up the loss of
approximately $2.4 million received annually from gambling tax; how to protect the area of the City where
the casinos currently exist; and what action could be taken to lessen the risk to the City.
Council President Ekberg asked the Finance Director to address the potential revenue loss of $2.4
million.
Shawn Hunstock, Finance Director, explained that the financial impact to the City relating to prohibiting
social card rooms would be approximately $2.1 million annually. He explained there would be a 5%
across the board reduction in expenditures and other reductions for Council to consider as part of the
2013 -2014 budget process.
After Council discussion, there was consensus to change the sunset provision in the draft ordinance from
3 years to 5 years, and increase the current tax rate from 10% to 15
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
c. An agreement for lighting upgrades to City facilities (grant funding).
Councilmember Seal indicated this item was discussed at the Community Affairs and Parks Committee
meeting earlier this evening, February 14, 2011. The committee members were unanimous in
recommending approval.
Brandon Miles, Senior Planner, explained the City accepted a grant in 2010 in the amount of $129,500
from the Washington State Department of Commerce to complete energy upgrades to various City
facilities. The proposed energy upgrades are basic improvements to lighting and installation of motion
sensors that will reduce energy use and costs. Staff is recommending the City sign an Interagency
Agreement with the Washington State Department of General Administration (GSA) to utilize performance
contracting for the actual lighting upgrades. The GSA performance contracting is a streamlined process
that allows the City to choose an energy service company that has been preapproved by the State.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
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February 14, 2011 Page 4 of 6
d. An agreement for stormwater outfalls on East Marginal Way.
Councilmember Quinn indicated this item was discussed at the Utilities Committee meeting on
January 25, 2011. The committee members were unanimous in recommending approval.
Bob Giberson, Public Works Director, explained this agreement is for a design report for the East
Marginal Way South Stormwater Outfalls. Three consultant firms were short- listed from the Consultant
Works Roster and GHD, Inc. was chosen as the most qualified. The design consultant will analyze the 4
predetermined outfalls to develop recommended alternatives and proposed costs.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
e. An agreement for the 2011 Small Drainage Program.
Councilmember Quinn indicated this item was discussed at the Utilities Committee meeting on
January 25, 2011. The committee members were unanimous in recommending approval.
Bob Giberson, Public Works Director, explained this agreement is for design of the 2011 Annual Small
Drainage Program. Three consultant firms were shortlisted from the Consultant Works Roster and KPG,
Inc. was chosen as the most qualified. For the 2011 program, there are 5 sites being designed for this
agreement.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
f. Police Department items.
Councilmember Hougardy indicated this item was discussed at the Finance and Safety Committee
meeting on February 8, 2011. The committee members were unanimous in recommending approval.
Mike Villa, Assistant Police Chief, reviewed each of the following items:
1. Addendum No. 1 to Valley Narcotics Enforcement Team (VNET) Interlocal Agreement.
Assistant Chief Villa explained that the City of Seattle has indicated they would like to join the VNET, and
an Addendum to the original agreement is necessary.
2. Updated Valley Special Weapons and Tactics Team (VSWAT) Interlocal Agreement.
This update will remove the City of Des Moines and update the team name.
3. An Interlocal Agreement for the Valley Civil Disturbance Unit (VCDU).
Assistant Chief Villa indicated that this multi jurisdictional effort includes the Port of Seattle, Cities of
Auburn, Federal Way, Kent, Renton, and Tukwila. The VCDU was formed to provide an enhanced
response to large -scale civil disturbances where the resources of an individual agency may prove
insufficient during a protracted and large -scale event. In the past, the local agencies have been operating
under a Memorandum of Understanding, and the Interlocal Agreement would formalize the unit.
4. An ordinance amending the administrative structure of the Police Department.
The position title classifications of the commissioned members of the Tukwila Police Department were
changed in 2005 from Captains and Lieutenants to Assistant Chiefs and Commanders. The draft
ordinance is a housekeeping issue to reflect these changes and update the Police Department
administrative structure in the Tukwila Municipal Code.
COUNCIL CONSENSUS EXISTED TO FORWARD THESE ITEMS TO THE NEXT REGULAR
MEETING.
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February 14, 2011 Page 5 of 6
REPORTS
a. Mayor
Mayor Haggerton reported that he attended a meeting with Boeing Company representatives, and they
announced that Boeing plans to expand their presence in the Tukwila area. According to the plans, they
expect to spend approximately $35 million on tenant improvements and create approximately 2,000 new
jobs. Mayor Haggerton announced he will be attending the Association of Washington Cities Board
Meeting in Olympia on February 15, 2011, and participating in the 2011 AWC Legislative Conference in
Olympia on February 16 18, 2011. He also attended the 2011 Seattle Southside Tourism and
Marketing Networking meeting on February 10, 2011.
b. City Council
Councilmember Duffie reported that he will be participating in the 2011 AWC Legislative Conference in
Olympia on February 16 17, 2011.
Councilmember Hernandez attended the 2011 Tourism and Marketing Networking meeting on February
10, 2011. She explained that she will be attending the South King County Economic Development
Initiative (SKEDI) meeting on February 16, 2011 for Councilmember Hougardy.
Councilmember Robertson attended the Water Resource Inventory Area 9 (WRIA9) Watershed
Ecosystem Forum on February 10, 2011.
Council President Ekberg attended the 2011 Tourism and Marketing Networking meeting on February 10,
2011.
Councilmember Seal will be attending the 2011 AWC Legislative Conference in Olympia February 16
17, 2011.
Councilmember Hougardy attended the Seattle Southside Tourism and Marketing Networking meeting on
February 10, 2011. She will also be attending the 2011 AWC Legislative Conference in Olympia
February 16 17, 2011.
Councilmember Quinn participated in the Foster High School Academic Assembly on February 11, 2011.
c. Staff
Steve Lancaster, City Administrator, explained the emergency sewer repair work on Andover Park West
should be complete by the end of the week with weather permitting. Mr. Lancaster said the Utilities
Committee will be receiving a full update at their next committee meeting.
d. City Attorney
The City Attorney's presence is not required at Committee of the Whole meetings.
e. Intergovernmental
The Council Analyst was not present.
MISCELLANEOUS
Councilmember Hougardy reminded the Council of the February 23, 2011 Cultural Fair at Showalter
Middle School.
Council President Ekberg asked City Administration to review the possibility of altering detour information
relating to the closure of the Southbound 1 -5 on -ramp for the upcoming Klickitat project.
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February 14, 2011 Page 6 of 6
ADJOURNMENT
9:15 p.m. COUNCIL PRESIDENT EKBERG DECLARED THE COMMITTEE OF THE WHOLE
MEETI G ADJOURNED.
Allan Ekberg, Council Pr dent
Melissa Hart, Deputy City Clerk