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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 Tukwila City Council Committee of the Whole Minutes 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 Tukwila City Council Committee of the Whole Minutes 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. Tukwila City Council Committee of the Whole Minutes 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. Tukwila City Council Committee of the Whole Minutes 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. Tukwila City Council Committee of the Whole Minutes 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