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HomeMy WebLinkAbout2011-02-22 Regular Minutes 011LA W' Tukwila City Council Regular Meeting �ah� City Hall Council Chambers February 22, 2011 7:00 P.M. 290' MINUTES REGULAR MEETING EXECUTIVE SESSION Start: 6:00 p.m. Mayor Haggerton announced the purpose of the Executive Session is to discuss Pending Litigation Pursuant to RCW 42.30.110(1)(i) and Potential Property Acquisition or Lease Pursuant to RCW 42.30.110(1)(b). It will last no more than 1 hour, and no decisions will be made during the Executive Session. Attendees: Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney; Rick Still, Parks and Recreation Director; Kimberly Matej, Council Analyst; Tukwila City Councilmembers Joe Duffie, Joan Hernandez, Allan Ekberg, Dennis Robertson, Verna Seal, Kathy Hougardy, De'Sean Quinn. 6:15 p.m. Rick Still, Parks and Recreation Director, left the Council Chambers. End: 6:55 p.m. CALL TO ORDER /PLEDGE OF ALLEGIANCE /ROLL CALL Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:05 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Allan Ekberg, Council President, Dennis Robertson, Verna Seal, Kathy Hougardy, and De'Sean Quinn. CITY OFFICIALS Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney; Shawn Hunstock, Finance Director; Nora Gierloff, Deputy Community Development Director; Bob Giberson, Public Works Director; Mike Villa, Assistant Police Chief; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. SPECIAL PRESENTATIONS a. Special Olympics Award to Officer Ted Rutt Mike Villa, Assistant Police Chief Mike Villa, Assistant Police Chief, introduced Mary Do from the Special Olympics. Ms. Do stated she is here to recognize Officer Ted Rutt, who does phenomenal work for multiple charities. The Special Olympics has chosen Officer Rutt from 1300 Police Officers from all over the world as the recipient of the Law Enforcement Torch Run award. No one has received this award from Washington State until this time. Ms. Do presented Officer Rutt with a plaque honoring his stellar volunteer contributions toward the Special Olympics. Officer Rutt thanked the Mayor and Council for giving him the opportunity to be successful in his passion to help kids in the community. The Mayor, Councilmembers and audience recognized Officer Rutt for his achievements. Tukwila City Council Regular Meeting Minutes February 22, 2011 Page 2 of 8 b. Community Oriented Policing Citizens' Advisory Board (COPCAB) Year End Awards Mike Villa, Assistant Police Chief Assistant Chief Villa introduced Jerry Thornton, member of the Community Oriented Policing Citizens' Advisory Board (COPCAB), who will be presenting the 2010 COPCAB awards. The Community Oriented Policing Citizens' Advisory Board is an official City board that works with the Chief of Police to promote public safety and community policing. The Board consists of nine members: five residents, two business owners /managers, one school representative and a local high school student. Members are appointed and serve for a term of four years. The Board meets every fourth Wednesday of the month from 6:30 p.m. to 8:00 p.m. Mr. Thornton stated that the 2010 COPCAB award for citizen involvement is being given to Kim Karns and MacKenzie Weitzel, managers of the Terrace Apartments. They consistently provide accurate and detailed information to the Police Department regarding criminal activity or suspicious behavior. They can also be credited with contacting the Tukwila Police Department with information regarding the location of Christopher Monfort, who was later convicted of shooting a Seattle Police Officer. Mr. Thornton indicated that in addition to citizen awards, the COPCAB recognizes a Police Department employee each year as well. This year the departmental award is being given to Beth Adams, Domestic Violence Victims advocate. Ms. Adams provides victims of domestic violence with essential referrals and resources and works to raise awareness about the effects of domestic violence, particularly as it relates to children. The Mayor, Councilmembers and audience expressed appreciation to the award recipients for their valuable contributions to the Tukwila community. Ms. Adams indicated there will be a fundraiser to support victims of domestic violence on February 24, 2011 at the Azteca Restaurant in Tukwila from 5:00 p.m. to 9:00 p.m. c. Chamber of Commerce 2010 Year -end Report Nancy Hinthorne, President Nancy Hinthorne, President of the Southwest King County Chamber of Commerce (SWKCC), provided a summary of the activities of the Chamber for 2010. The Chamber staff had involvement in multiple ribbon cutting and grand opening events for new or expanding Tukwila businesses, and they conducted 6 networking breakfasts, 3 membership luncheons and 6 after -hours events in Tukwila. The SWKCC partnered with the Seattle Chamber to conduct the Young Professionals Networking event and worked with the Small Business Development Center to conduct a Limited Visibility Workshop at Westfield Southcenter. They also expanded their website to provide more links and information and continually looked at ways to add Chamber benefits that would be advantageous to local business members. Ms. Hinthorne also announced that she would be retiring on April 15, 2011 and this would be her last year -end report to the Council. Mayor Haggerton joined Ms. Hinthorne at the podium and read a proclamation recognizing her 12 years of service to the Chamber of Commerce and acknowledging her leadership in making a better community for everyone who visits, works or lives in Tukwila. The Mayor, Councilmembers and audience expressed appreciation to Ms. Hinthorne for her contributions to the City of Tukwila and the region. CITIZEN COMMENTS There were no citizen comments. Tukwila City Council Regular Meeting Minutes February 22, 2011 Page 3 of 8 CONSENT AGENDA a. Approval of Minutes: 2/7/11 (Regular) b. Approval of Vouchers #356738- 356830 and #110100, 110202-110206 in the amount of $1,826,734.61 MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. UNFINISHED BUSINESS a. Social Card Rooms: 1. An ordinance prohibiting social card rooms conducted as a commercial stimulant effective January 1, 2016 and terminating the moratorium. Shelley Kerslake, City Attorney, explained this ordinance repeals the current ban on the establishment of new social card rooms and related "grandfather" provisions for existing social card rooms. At the last meeting the Council had requested a change from 3 years to 5 years for the sunset provision. Pursuant to this ordinance, the operation of social card rooms in the City must cease by January 1, 2016. Christy Henry, 313 East Alder, Oakville, is the manager of the Great American Casino and a single mother. The 150 employees she works with and the guests who visit the establishment are a part of her family, and she would like the casino to remain open. Joan Mell, 1033 Regents Blvd., Fircrest, representing Great American Casino, provided a 2 -page letter and apologized for not following the procedure regarding the submission of an ordinance at the last meeting. She encouraged the Council to reject the proposal on the table and consider other alternatives including changes to the Comprehensive Land Use Plan. Chuck Parrish, 4430 South 150 Street, stated the current gambling businesses have existed in the City for several years, with no pattern of unacceptable consequences. In his view, litigation should not always be avoided at all costs, and the impact of $2.4 million to the budget is prohibitive, as is the loss of jobs. From his perspective this issue could be brought to a vote of the people or a ruling could be requested by the Gambling Commission on the issues at hand. Amy Hunter, Washington State Gambling Commission, was invited here by Councilmember Quinn and provided written information about the Gambling Commission. She relayed that gambling establishments are difficult and expensive businesses to run, and location is key to any type of business. She said the Gambling Commission has stringent procedures and criminal background checks as part of their processes. Councilmember Quinn asked if there has been an increase or decrease in new establishments. Ms. Hunter stated that applications are quite slow, which differs from 10 years ago when there was a wait list. At this time, they tend to see 1 or 2 applications in process and then 1 or 2 house banked card rooms that are closing, which means there is no growth occurring. Councilmember Quinn asked Ms. Hunter if she could touch on the citation process. Ms. Hunter conveyed that the State is very thorough, with stringent requirements. The financial checks are intended to ensure the money coming into the establishment is "clean money." There are also commissioned field agents who attend the same Police Academy as the Tukwila Police Officers. They are in the businesses on a regular basis and strive to follow up on any complaints within 24 hours. Councilmember Quinn inquired about the perspective of the Gambling Commission as it relates to the zoning approach to locating gambling establishments. Ms. Hunter indicated she has worked for the Commission for 16 years, and in her experience with regard to zoning, it is quite limited based on the way the statutes are worded. The cities have the authority to Tukwila City Council Regular Meeting Minutes February 22, 2011 Page 4 of 8 zone the food and drink portion of the business, but for the gambling business itself, the statute does not seem to allow siting in one area. There have been attempts in the legislature almost every year (except this year) to give cities more authority in that area, and they have failed. Jess Lohse, Special Agent with the Washington State Gambling Commission Office in Renton, said that each house banked card room has an agent, and each agent is assigned a specific geographic location. The agents are given tools to keep licenses in compliance, issue fines, and /or suspend or revoke licenses. Each agent goes through 720 hours of training at the Basic Law Enforcement Academy. Council President Ekberg inquired about the safety and security of the card rooms. Agent Lohse indicated they rely primarily on local law enforcement, but the agents are trained to deal with security issues and respond accordingly. Councilmember Quinn asked about issues regarding underage gambling. Agent Lohse responded that underage gambling is taken very seriously, and they work in partnership with the Washington State Liquor Control Board. They have a minor who works with them in an undercover capacity, and any violations are dealt with strongly, to include hefty fines and potential loss of the license. Nancy Hinthorne, President of the Southwest King County Chamber of Commerce, conveyed that 2 of the local casinos, the Golden Nugget and Great American Casino, are Chamber members and provide positive contributions to the community. Amber Cuevas, 14895 Interurban Avenue South #49, stated that she lives in Tukwila and is an employee of Great American Casino. Her daughter graduated from Foster High School and her granddaughter attends the grade school. They want to continue to live in Tukwila and hope the casino can remain open. Robert Sturges, CEO of Nevada Gold, which owns the Golden Nugget, indicated there are hundreds of jobs and millions of dollars at stake regarding this issue. Additionally, the possible tax increase will mean their business cannot survive, and they are willing to go through the process to open their financial records for review. He suggested the process be slowed down and other options be considered. From his perspective, zoning is an option to be explored. Bob Brennan, 11621 NE 149 Street, Kirkland, from the Riverside Casino, read from a 3 -page letter he provided to the Council. In part, the letter reads that the Riverside employs approximately 100 people and the proposed tax rate increase would cripple profits and reduce the likelihood of recovery. Mark Palmer, 14040 Interurban Avenue South, is the new General Manager of Great American Casino. He said they have been here for 14 years conducting a legal activity. There are already empty businesses in Tukwila, and this will add more empty businesses along Interurban. While there would be a loss of approximately 400 jobs for casino workers, there would also be a negative impact to the businesses that serve the casinos. Additionally, the tax increase would be a huge detriment to their company. He encouraged the Council to step back and make the best choice for the City. Peggy Van leperen, 13927 56 Avenue South, came to Tukwila in 1963, and she considers Interurban Avenue to be the main street of the City. She is not against card rooms or casinos, but does not want to see the main street of Tukwila be card room row. David Fretz, 18300 Cascade Avenue South, is the President of Great American Gaming Corporation, and from his standpoint, this process has moved very quickly without all the facts or options. He feels there is more support in the community for casinos than may be realized. He said 400 family -wage jobs and $2.1 million in tax revenue are provided. If this goes through, there will be more taxes and /or cuts in services. The tax increase would wipe out their profits, and there are other area cities that have reduced the gambling tax rate. He asked the Council to keep the moratorium in place to study the alternatives. If that is not possible, extend the sunset to at least 5 years and do not change the tax rate. Consider the lives of the people that will be negatively affected and please save the jobs. Tukwila City Council Regular Meeting Minutes February 22, 2011 Page 5 of 8 Jack Walker, 14025 Interurban Avenue South, is the General Manager of the Golden Nugget. He stated there is no need for a 5 year extension to the moratorium if the tax rate passes, as that will kill the profits and end the jobs overnight. He requested the Council review the data and make a better decision. MOVED BY DUFFIE, SECONDED BY EKBERG TO REFER THIS ITEM TO THE NEXT COMMITTEE OF THE WHOLE MEETING. MOTION FAILED 6 -1, WITH DUFFIE VOTING YES. Mayor Haggerton asked if there were any other members of the audience who would like to speak. There were no additional public comments. The Councilmembers discussed this issue and provided the following commentaries: A desire to not see gambling expanded in the City; Concern for the loss of jobs and revenue; Reluctance to increase taxes or cut services; The need for time to influence the State legislature to provide greater flexibility to cities regarding the siting of social card rooms; The 5 -year sunset allows time to seek changes at the State level and look for ways to replace revenues; Calls for Police service are not common in the areas of the gambling establishments; The importance of the Council being fiscally responsible and having a plan to replace lost revenue; Both the business and residential community members have equal importance; Gambling revenues should be spent on economic development; Social costs can be higher to the tax payers than the revenue from gambling taxes; New businesses tend not to locate where there is legalized gambling; The inability to have control over locations could mean a casino is near a school; A 7 -year sunset clause is a better alternative for the City and the card rooms; The desire to see this issue go to a vote of the people. MOVED BY ROBERTSON, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1917 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.20, "CERTAIN GAMBLING ACTIVITIES PROHIBITED PROHIBITING SOCIAL CARD ROOMS CONDUCTED AS A COMMERCIAL STIMULANT EFFECTIVE JANUARY 1, 2016; AMENDING ORDINANCE NO. 1809 §1 (PART) AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 3.08.080 "PAYMENT OF TAX PENALTY FOR LATE PAYMENTS TERMINATING THE MORATORIUM ESTABLISHED BY ORDINANCE NO. 2279 AND EXTENDED BY ORDINANCE NO. 2307; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY ROBERTSON, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Mayor Haggerton encouraged the Council to separate emotion from fact in making a decision. Facts were presented that demonstrated there were not as many calls for Police service from the casinos compared to other areas of the City. If it is the Council's decision to pursue changes with the Gambling Commission in Olympia, the Mayor would put forth 100% effort toward that endeavor. However he does not expect potential changes to occur quickly. MOVED BY QUINN, SECONDED BY EKBERG TO AMEND THE MAIN MOTION TO CEASE THE OPERATIONS OF SOCIAL CARD ROOMS BY JANUARY 1, 2018. The Mayor clarified this would change the effective date prohibiting social card rooms from January 1, 2016 to January 1, 2018. Councilmember Quinn emphasized this time extension would provide additional time to deal with the budget issue and consider all of the aspects of the comments that have been provided. Tukwila City Council Regular Meeting Minutes February 22, 2011 Page 6 of 8 *ROLL CALL VOTE ON AMENDMENT TO THE MAIN MOTION DUFFIE NO HERNANDEZ NO EKBERG YES ROBERTSON NO SEAL YES HOUGARDY NO QUINN YES MOTION FAILED 3 -4, WITH DUFFIE, HERNANDEZ, ROBERTSON, HOUGARDY VOTING NO. *ROLL CALL VOTE ON MAIN MOTION TO ADOPT THE ORDINANCE AS READ BY TITLE ONLY DUFFIE YES HERNANDEZ YES EKBERG NO ROBERTSON YES SEAL NO HOUGARDY YES QUINN NO MOTION CARRIED 4 -3, WITH EKBERG, SEAL, QUINN VOTING NO TO ADOPT ORDINANCE NUMBER 2323. 2. An ordinance to raise the tax rate applied to social card rooms. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 1809 §1 (PART), 1891, 2150, AND 2230, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 3.08.030; RE- ENACTING TMC SECTION 3.08.030, "TAX RATES," TO RAISE THE TAX RATE APPLIED TO SOCIAL CARD ROOMS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Shelley Kerslake, City Attorney, explained this ordinance was requested at the last Council meeting. The State law allows cities to tax social card rooms up to a 20% ceiling. The City's current tax rate is 10 and this ordinance would raise the rate to 15 Councilmember Robertson would like to forward this issue to a future Committee of the Whole meeting to allow time to gather information, perform analysis, and review the financial impacts. COUNCILMEMBER DUFFIE WITHDREW THE MOTION TO ADOPT THE ORDINANCE AND COUNCILMEMBER HERNANDEZ WITHDREW THE SECOND. MOVED BY ROBERTSON, SECONDED BY DUFFIE TO FORWARD THE ORDINANCE TO A COMMITTEE OF THE WHOLE MEETING IN 5 WEEKS. MOTION CARRIED 7 -0. 9:23 p.m. Mayor Haggerton declared a brief recess. 9:32 p.m. Mayor Haggerton reconvened the Regular Meeting. Tukwila City Council Regular Meeting Minutes February 22, 2011 Page 7 of 8 b. Authorize the Mayor to sign an Interagency Agreement with the State of Washington Department of General Administration for the use of grant funds for energy and lighting upgrades to City facilities. MOVED BY SEAL, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN AN INTERAGENCY AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF GENERAL ADMINISTRATION FOR THE USE OF GRANT FUNDS FOR ENERGY AND LIGHTING UPGRADES TO CITY FACILITIES. MOTION CARRIED 7 -0. c. An ordinance amending Titles 9, 18 and 21 of the Tukwila Municipal Code to adopt regulations related to Electric Vehicle Infrastructure. MOVED BY SEAL, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING SECTIONS OF TITLES 9, 18 AND 21 OF THE TUKWILA MUNICIPAL CODE REGARDING ELECTRIC VEHICLE INFRASTRUCTURE AND TO ADOPT REGULATIONS RELATED TO ELECTRIC VEHICLE INFRASTRUCTURE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2324. d. Authorize the Mayor to sign an agreement with GHD, Inc. for East Marginal Way storm water outfalls, in the amount of $44,985.00. MOVED BY QUINN, SECONDED BY HOUGARDY TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH GHD, INC. FOR EAST MARGINAL WAY STORM WATER OUTFALLS IN THE AMOUNT OF $44,985.00. MOTION CARRIED 7 -0. e. Authorize the Mayor to sign an agreement with KPG, Inc. for the 2011 Annual Small Drainage Program, in the amount of $74,996.04. MOVED BY QUINN, SECONDED BY HOUGARDY TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH KPG, INC. FOR THE 2011 ANNUAL SMALL DRAINAGE PROGRAM, IN THE AMOUNT OF $74,996.04. MOTION CARRIED 7 -0. f. Police Department Items Mike Villa, Assistant Police Chief 1. Authorize the Mayor to sign Addendum No. 1 to the Interlocal Agreement for the Valley Narcotics Enforcement Team (VNET). MOVED BY HOUGARDY, SECONDED BY SEAL TO AUTHORIZE THE MAYOR TO SIGN ADDENDUM NO. 1 TO THE INTERLOCAL AGREEMENT FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM (VNET). MOTION CARRIED 7 -0. 2. Authorize the Mayor to sign the updated Interlocal Agreement for the Valley Special Weapons and Tactics Team (SWAT). MOVED BY HOUGARDY, SECONDED BY SEAL TO AUTHORIZE THE MAYOR TO SIGN THE UPDATED INTERLOCAL AGREEMENT FOR THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM (SWAT). MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes February 22, 2011 Page 8 of 8 3. Authorize the Mayor to sign an Interlocal Agreement for the Valley Civil Disturbance Unit (VCDU). MOVED BY HOUGARDY, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT FOR THE VALLEY CIVIL DISTURBANCE UNIT (VCDU). MOTION CARRIED 7 -0. 4. An ordinance regarding Law Enforcement Officers and City Police Officers to update the administrative structure of the Police Department. MOVED BY HOUGARDY, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 639 §2 AND 2046 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE 2.38.020, REGARDING LAW ENFORCEMENT OFFICERS AND CITY POLICE OFFICERS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HOUGARDY, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2325. REPORTS COUNCIL CONSENSUS EXISTED TO DISPENSE WITH REPORTS. Councilmember Hougardy announced there will be a Cultural Fair at the Showalter Middle School Commons on February 23, 2011 from 4:30 p.m. to 6:30 p.m. Steve Lancaster, City Administrator, stated that inclement weather is predicted in the forecast and could affect City operations this week. If it becomes necessary to cancel the Finance and Safety Committee meeting on February 23, 2011 due to the weather, every effort will be made to contact the Council. MISCELLANEOUS Council President Ekberg distributed information regarding the upcoming Council Retreat. ADJOURNMENT 9:44 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. aggerto►, /or (9 F /4 46 '4 9 Christy O'Flaherff, City Clerk APPROVED BY THE CITY COUNCIL: 3/7/2011