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HomeMy WebLinkAbout2011-08-08 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers August 8, 2011 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE MEETING CALL TO ORDER /PLEDGE OF ALLEGIANCE Council President Ekberg called the Tukwila City Council meeting to order at 7:01 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Allan Ekberg, Council President, Councilmembers Joe Duff ie, Joan Hernandez, Dennis Robertson, Verna Seal; Kathy Hougardy, De'Sean Quinn. CITY OFFICIALS Jim Haggerton, Mayor; Shawn Hunstock, Interim City Administrator; Jack Pace, Community Development Director; Nora Gierloff, Community Development Deputy Director; Carol Lumb, Senior Planner; Evelyn Boykan, Human Services Manager; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS Jodie Vice, 8303 8 th Avenue South, Seattle, stated she represents CleanScapes, a local solid waste hauler. She explained CleanScapes is the local hauler for half of the City of Seattle, Shoreline and beginning November 2011, they will be the hauler for the City of Des Moines. Ms. Vice introduced her company, and said they look forward to the competitive bidding process for the City's solid waste contract. Dwight McLean, 13015 38 Avenue South, thanked the Councilmembers who supported Ordinance No. 2323 banning social card rooms. He feels the City should not rely on the gambling tax revenue; rather the City should try to find new sources of revenue. In his opinion, the City should eliminate the programs that are considered a luxury, like the Foster Golf Course, rather than propose to close the Tukwila Pool that provides exercise and swim lessons to the Tukwila citizens. Arthur Rosengren, 4022 So 150 Street, commended and thanked Councilmember Hernandez for her years of service to the Tukwila community. He feels she has always put the community first while making the tough decisions. SPECIAL ISSUES a. An Interlocal Agreement for Regional Affordable Housing Program. Councilmember Seal indicated this item was discussed at the Community Affairs and Parks Committee meeting on July 25, 2011. The committee members were unanimous in recommending approval. Evelyn Boykan, Human Services Manager, explained the current Regional Affordable Housing Program (RAHP) agreement expires at the end of 2011. The document before the Council will move the agreement onto the same three year schedule as the Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) agreements by adding an automatic renewal clause for successive three year periods, pending funding. Councilmember Hernandez referenced the footnote on page 13 of the Agenda packet that states "is based on the 2000 census data." She asked if census data for 2010 will be used for this program. Tukwila City Council Committee of the Whole Minutes August 8, 2011 Page 2 of 7 Ms. Boykan stated she would notify King County of the footnote and request a correction. 7:15 p.m. Councilmember Quinn recused himself from discussion on this item and left the Council Chambers. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 7:17 p.m. Councilmember Quinn returned to the Council Chambers. b. Shoreline Master Program Ordinances. Carol Lumb, Senior Planner, reviewed the steps taken to date by the Council on the 4 draft ordinances before the Council for consideration. At the July 25, 2011 Council meeting and closure of the public hearing, the Council directed staff to work with the Department of Ecology (DOE) to review the proposed housekeeping issues to determine whether they were within the scope of the DOE required and recommended changes. That information has been compiled and is included in the agenda packet on pages 25 -27. The following 3 options were provided and discussed by the Council: 1. Adopt four ordinances to incorporate only the DOE required and recommended changes that have been discussed to date and re -visit the SMP in one year to make housekeeping changes and to consider other changes to the SMP. This option involves no additional DOE review time. 2. Adopt four ordinances to incorporate not only the DOE required and recommended changes, but also the housekeeping items that fall within the scope of these required /recommended changes. This option involves additional DOE review time; however, DOE staff have committed to reviewing the revisions as quickly as possible. 3. Make additional revisions to the four ordinances that go beyond the DOE required and recommended changes and housekeeping items that are beyond the scope of the DOE required /recommended changes. This option will require substantial additional DOE review time and will trigger a new review of the SMP to ensure there is no net loss of shoreline ecological function by the proposed changes. Ms. Lumb indicated that staff recommends option number 2. Councilmember Hougardy conducted a review of page 43 from the agenda packet. She confirmed which suggested changes were considered housekeeping in nature. Martin Durkan, 330 SW 43 Suite 357, Renton, stated he represents the Desimone Trust, and he distributed a proposed amendment to the SMP for Council consideration. He requested that the amendments that have been included in the draft ordinances be codified in the City's Tukwila Municipal Code. He explained the Desimones are again requesting the buffer setback be changed to 100 feet with an Administrative Director review process, rather than the proposed variance process with a Hearing Examiner review. He feels the change is acceptable and would save time and money for property owners and the City. Joe Desimone, 5609 SW Manning Street, Seattle, distributed a handout to the Council that shows two contiguous parcels owned by the Desimone family that are identified as High Intensity on the Shoreline Environment Designation Maps, quarter section maps 5 -8. He requested the parcels be reclassified as Urban Conservancy, because the parcels in question are not located along portions of the Duwamish River that are navigable by large watercraft. He also asked the Council to ensure the SMP is revisited in one year to address the final proposed amendments and comments. Ms. Lumb relayed that she could include the proposed amendment changing the parcel designation from High Intensity to Urban Conservancy on the Shoreline Environment Designation Maps relating to the Desimone) parcels. This correction could be classified as a housekeeping item. If the Council forwards the amendment, additional information will be included in the August 15, 2011 agenda packet that outlines the impacts of the change in shoreline environments and provides more detail of the proposed change. Ms. Lumb conveyed that she will also contact Mr. Radabaugh from the Department of Ecology Tukwila City Council Committee of the Whole Minutes August 8, 2011 Page 3 of 7 to update him on the housekeeping addition and get input on whether the proposed amendment falls within the scope of the DOE required and recommended changes (and include the change in the packet to be forwarded to DOE for review after Council approval). If Mr. Radabaugh believes the map change is outside the scope of the DOE required changes, the Council can decide at the August 15, 2011 how to proceed. The Councilmembers discussed this issue and asked clarifying questions of staff. COUNCIL CONSENSUS EXISTED TO MOVE FORWARD WITH STAFF OPTION NUMBER 2, AND FORWARD THE 4 SHORELINE MASTER PROGRAM ORDINANCES TO THE NEXT REGULAR MEETING. c. An ordinance regarding gambling use zoning. On July 11, 2011, the Community Affairs and Parks Committee Chair requested staff draft an ordinance that would repeal a portion of Ordinance No. 2323, relating to the ban on social card rooms beginning January 1, 2016, and replace it with Zoning Code regulations limiting commercial social card rooms to areas along Interurban Avenue South and Southcenter Boulevard. Social card rooms would only be allowed in the Office, Regional Commercial Mixed Use and Commercial /Light Industrial Zones within the areas specified. Councilmember Seal reviewed the Council's efforts in 2010 to close the $9 million dollar budget gap. On February 22, 2011, the Council adopted Ordinance No. 2323. At the June 30, 2011 budget work session, the Mayor asked Ms. Seal, as Community Affairs and Parks Committee Chair, to work with Council President Ekberg to draft a new ordinance to repeal Ordinance No. 2323. She explained the City continues to experience budget issues, which are made more difficult due to Ordinance No. 2323. At the July 11, 2011 Community Affairs and Parks Committee meeting, a citizen presented a petition asking the Council to replace Ordinance No. 2323. The citizen petition was also presented to the Council at the July 18, 2011 Regular Meeting. Ms. Seal explained on August 2, 2011, a new idea was presented to a Councilmember from a resident participating in the National Night Out Against Crime event. The idea is to establish a tax trigger for businesses that plan to operate as a social card room. The proposed idea would be to allow the current establishments to remain, with the current tax rate of 10 If the City receives additional applications for new establishments, to a predetermined number, then the rate of tax collected would increase to 15 and it could continue up to 20 which is the maximum allowed under state law. The new idea could provide the City with the continued revenue, and deter additional gambling operations within the City. She said the idea is currently being reviewed by the City Attorney, and upon Council consensus, staff could prepare an ordinance with this structure for a future Council meeting. Councilmember Duffie explained he does not support the ordinance in the agenda packet, and he would like to have the Tukwila citizens vote on this issue. Councilmember Hernandez stated that the Council originally had two ordinances to consider relating to gambling, and because the Council chose to act on the first ordinance banning gaming, the second ordinance to increase the tax was not discussed. She felt increasing the gambling tax collected by 1 would have been a deterrent to new establishments. There has been opposition to the Council's decision to sunset casinos. The Council received comments from employees of the casinos, Tukwila residents, and they were presented with a citizen petition signed by 384 residents asking the Council to replace Ordinance No. 2323 with a new policy. She stated she is willing to look at other compromises that would address another policy, such as increasing the tax collected from gambling establishments as allowed under state law. She emphasized there are other options available to the Council. Councilmember Robertson indicated that when the Council first addressed the issue, it appeared there were only two options, which were either to ban or allow casinos in the City. The new idea presented by a citizen would get the City back to a stable situation, by discouraging casino proliferation and allowing the current establishments to remain in Tukwila. It is his opinion that a 1% increase would not discourage new establishments as much as a 5% or 10% increase. He is interested in studying the taxing structure issue, and he feels the new idea would be more beneficial than the draft ordinance in the agenda packet. Tukwila City Council Committee of the Whole Minutes August 8, 2011 Page 4 of 7 Councilmember Hougardy relayed that the Council has discussed the impacts to the City's budget due to the loss of the gambling tax revenue. However, the Council has not discussed the voices of the citizens who support Ordinance No. 2323. She stated if the ordinance is left alone, it will protect the community and local businesses. Allowing casinos within the City will not have a positive impact on the community, and she feels the people should be heard. She asked that the audience be allowed to speak on this agenda item. Councilmember Quinn emphasized that there are unintended consequences that must be considered by the Council on any action. The two proposals before the Council address the proliferation concern, and represent a reasonable compromise and a possible solution to growth in the number of casinos in Tukwila. Council President Ekberg stated there is Council consensus to direct staff to prepare a new ordinance for Council review at the August 22, 2011 Committee of the Whole meeting. The new ordinance will be based on the citizen proposal to levy a tax structure on the social card rooms to avoid proliferation, and the Council would disregard the ordinance included in tonight's agenda packet relating to specific zoning for social card rooms. Council President Ekberg called for public comments. Lynn Wallace, 14220 Interurban Avenue, stated that she is representing the Southwest King County Chamber of Commerce. She explained the Chamber has recently surveyed their business members relating to Ordinance No. 2323, and 95% of the businesses do not agree with the Council's adoption of Ordinance No. 2323. They are concerned with how the Council will address the issues compounded by loss of the casinos and how those actions will affect local business. The Chamber and the businesses encourage the Council to review other options available, rather than allow Ordinance No. 2323 to stand as adopted. Richard McLeland- Wieser, 14234 58 Avenue South, expressed his support for Ordinance No. 2323 banning casinos within the City. He referenced a study conducted in Iowa that showed crime increased within those cities that allow casinos and another study conducted after the opening of a casino in Florence, Oregon, in which that city also experienced an increase in personal property crimes. He encouraged the Council to focus on the long term consequences, rather than the short -term gains. Jennifer McCoy, 14202 56 th Avenue South, stated that she supports Ordinance No. 2323 banning social card rooms, and she is dismayed at the turn of events. She explained that she was in attendance at the February 2011 Council meeting and provided comments in support of the Council adopting the ordinance to ban casinos. Ms. McCoy asked the Council to remember the vision they have for the City and whether casinos are part of that vision. In her view, sending this issue to a vote of the people is not in the best interest of the City. Ms. McCoy read information from the City of Lakewood relating to ways the City could wean the General Fund from being dependent on the revenue received from the casinos. Kim McCoy, 14202 56 th Avenue South, voiced his support for Ordinance No. 2323 that bans social card rooms beginning 2016. He has heard the statements about the revenue issues, and it is his opinion the City should consider the information presented by the previous speaker. He suggested the Council address the revenue shortfall by revisiting the issue of Tukwila being provided a unique zip code to better capture sales tax revenue for the City. He encouraged the Council to stay the course, remember their vision for the City, and end gambling in Tukwila. David Tomlinson, 14444 59 th Avenue South, said he has lived in the community for 26 years and expressed his support for Ordinance No. 2323. He feels the issue before the Council is an ethics issue, not a revenue issue. It is his opinion that gambling is devastating to families, and he asked the Council to stay with that decision. Ron Kent, 16372 53` Place South, explained that he has lived in the area for 23 years, and he was compelled to voice his support of Ordinance No. 2323 banning social card rooms. He feels these types of businesses do not belong in the community. He is concerned with previous statements about not taking this issue to a vote of the people. In his opinion, this is a serious decision to be made with input by the voters, and most of the residents he has spoken to feel that casinos do not belong in the community. Tukwila City Council Committee of the Whole Minutes August 8, 2011 Page 5 of 7 Todd Hutchinson, 13905 55 Avenue South, indicated that his family first moved to the area almost 70 years ago. While the passage of Ordinance No. 2323 was a painful decision to make, retaining Ordinance No. 2323 is the right thing to do. He feels if there is a profit to be made by casinos, they will come to Tukwila and he would not like that to happen. Joanne McManus, 5610 South 133 Street, stated that she does not feel there is anything wrong with gambling, and she supports the casinos. She feels the City needs the revenue collected by having these businesses, and she proudly signed the petition. She applauds the Council for revisiting this issue. Robert Ferguson, 13961 56 Avenue South, said he has lived in the City for 34 years. His family has experienced the adverse effects on a family due to a gambling addiction, and it is very difficult. He stated that he supports Ordinance No. 2323 banning social card rooms. David Siedenburg, 16012 47 Avenue South, expressed his support for Ordinance No. 2323, and he agrees with most of the previous speakers. He expressed concern with the discussion relating to a new ordinance that would increase the tax collected as a deterrent to potential new casino businesses. He does not want any additional casinos in the City, and he thought the Council was against proliferation of card rooms in the City. He feels if the Council implements a new tax structure for casinos, they would still be able to cover the increased tax rate, and casino proliferation would happen throughout the City. Councilmember Hernandez emphasized that she originally voted in favor of Ordinance No. 2323 because she felt it was the right thing to do, and the Council did not want to see an expansion of gambling in the City. When the Council started receiving comments disapproving of the Council's action, she felt that because she represents all the citizens, she should look at the situation in a different way. She appreciates the opportunity to reconsider the ordinance and hear the residents' opinions. At this time, it appears the Council agrees they do not want to see an expansion of gambling within the City. There also appears to be agreement between opposing sides to allow the residents to vote on the issue. She feels there is no time sensitivity on action for an ordinance. However, there are time constraints on agreeing to an advisory vote, and she would like the Council to discuss that option too. Ms. Hernandez clarified that she would consider the ordinance in the agenda packet if that was the Council decision. Councilmember Duffie said that he has spoken with residents in the community, and he would like to see a vote of the people. He feels there is division on this issue, and the only way for the Council to come to a conclusion is to have the people vote on the issue. Councilmember Robertson feels there are two common goals before the Council this evening. The first is dealing with proliferation of casinos within the City, while retaining the current number of casinos and not seeing an increase in new establishments. The second is addressing the $2 million dollar revenue loss for the City. He has been polling residents on the issue, and he finds the residents are split 50/50. Additionally, there appears to be a separation between residents that is disturbing. He feels the new idea from a Tukwila citizen could control the proliferation. He agrees there should be additional research conducted on the taxing structure proposal. He supports allowing the residents to vote on the issue, although he is not interested in repealing Ordinance No. 2323 if the City is not able to control casino proliferation. Councilmember Seal relayed that the Council should handle the decision, rather than sending this issue to a vote of the people. Ms. Seal explained the Council made the decision to adopt Ordinance No. 2323 without a vote of the people, and that as a Councilmember, it is her responsibility to ensure the citizens have essential services and a budget sufficient to provide continuation of those services. Councilmember Hougardy asked the Councilmembers at what cost to the community does the City provide the services, and at what point should the City draw the line in obtaining funding for City services. She feels there is enough support to retain Ordinance No. 2323, and it is her opinion that the Council should consider the idea of conducting an advisory vote relating to gambling within the City. Tukwila City Council Committee of the Whole Minutes August 8, 2011. Page 6 of 7 Councilmember Quinn indicated a taxing structure could address the casino proliferation issue the Council has been concerned about. He feels having the City conduct an advisory vote is not creative, and the Council should work through the issues. He concurs with Councilmember Seal's statement that the Council's responsibility is to the residents, and he feels there is a compromise available to the Council and they should proceed with the new idea. Councilmember Hernandez emphasized that this meeting is a work session, and the goal is for the Council to reach consensus. She indicated she would like to have staff draft a resolution relating to an advisory vote, addressing whether the advisory vote is a binding vote or if it is just an advisory vote. Additionally, she would like to have a draft ordinance based on the citizen suggestion of a new taxing structure. She feels the Council should be able to review all available options. Council President Ekberg confirmed Council consensus existed to have staff draft a new ordinance incorporating the proposed taxing structure for Council consideration at the August 22, 2011 Committee of the Whole Meeting. He also confirmed that a resolution will also be drafted for Council consideration at the August 15, 2011 Regular Meeting, regarding a citizen advisory vote relating to social card rooms for the November 8, 2011 General Election. COUNCIL CONSENSUS EXISTED TO REQUEST STAFF TO (1) DRAFT A RESOLUTION REGARDING A CITIZEN ADVISORY VOTE RELATING TO SOCIAL CARD ROOMS FOR CONSIDERATION AT THE AUGUST 15, 2011 REGULAR MEETING AND (2) DRAFT AN ORDINANCE RELATING TO A TAXING STRUCTURE FOR DISCUSSION AT THE AUGUST 22, 2011 COMMITTEE OF THE WHOLE MEETING. d. Discussion regarding an Advisory Ballot Measure for the November 8, 2011 General Election relative to social card rooms. Per discussion under Miscellaneous at the July 18, 2011 Regular Council meeting, this item was been placed on the agenda for further Council discussion. Specifically, it includes the discussion of consideration of placing an advisory ballot measure regarding social card rooms on the November 8, 2011, General Election. This item was discussed in conjunction with Item 3c above, and was forwarded to the next Regular Meeting. REPORTS a. Mayor Mayor Haggerton participated in the National Night Out Against Crime event on August 2, 2011 and feels the event was a big success. He announced that Valley Communications will be experiencing a Director change, as Steve Reinke will retire August 15, 2011, and Lora Ueland has been appointed as the Interim Director of Valley Communications effective August 16, 2011. Additionally, the Mayor reported that he has received several comments relating to the recent cancellation of the preschool program at the Tukwila Community Center. He acknowledged the untimeliness of the cancellation and explained the elimination of the program is due to delayed staffing reductions. Mayor Haggerton updated the Council on the search for a new City Administrator. He explained the City has mailed an additional informational questionnaire to the top 10 candidates, and interviews are scheduled for September 7, 2011. He also announced that upon a final decision and the hiring of a new City Administrator, he plans on developing a Strategic Plan for the City. b. City Council Councilmember Duffie participated in the National Night Out Against Crime event on August 2, 2011. Tukwila City Council Committee of the Whole Minutes August 8, 2011 Page 7 of 7 Councilmember Hernandez attended the August 2, 2011 Tukwila Government Affairs Committee meeting, and later that evening she participated in the National Night Out Against Crime event. On August 3, 2011 she attended the Port of Seattle's reception celebrating their Centennial year. She also accepted an invitation to attend the August 6, 2011 dedication of the Japanese American Memorial at the Eagle Harbor dock on Bainbridge Island. Councilmember Robertson participated in the National Night Out Against Crime event on August 2, 2011. He also explained that he has spoken to several residents about the Tukwila International Boulevard corridor and the issues in that area of the City. Residents have suggested reducing the speed limit, increasing police patrols to help with the increase in crime activity, adding additional crosswalks and making the area more walkable. Councilmember Seal participated in the National Night Out Against Crime event on August 2, 2011. She announced that on Saturday August 27, 2011, in conjunction with Community Schools Collaboration and other sponsors, there will be a backpack giveaway with school supplies, an infant clothing bank, free bicycle helmets to include proper fitting, and student vaccinations at Showalter Middle School for the upcoming school year. Councilmember Hougardy attended the August 2, 2011 Tukwila Government Affairs Committee meeting, and later that evening she participated in the National Night Out Against Crime event. Councilmember Quinn participated in the National Night Out Against Crime event on August 2, 2011 with his family. He explained that Burlington Northern Santa Fe (BNSF) Railroad participated in the Allentown Night Out event for that community, where there was discussion about the BNSF yard in relation to the residential community. c. Staff There was no report. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental There was no report. ADJOURNMENT 9:43 p.m. COUNCIL PRESIDENT EKBERG DECLARED THE COMMITTEE OF THE WHOLE MEETI G ADJOURNED Akberg, Council President 44 0 4" Melissa Hart, Deputy City Clerk APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 8/22/2011 AVAILABLE ON THE CITY'S WEBSITE 08/2312011