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HomeMy WebLinkAbout2011-09-19 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE Regular Meeting September 19, 2011 7:00 P.M. Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. CITY OFFICIALS Jim Haggerton, Mayor; Shawn Hunstock, Interim City Administrator; Shelley Kerslake, City Attorney; Derek Speck, Economic Development Administrator; Jack Pace, Community Development Director; Peggy McCarthy, Acting Finance Director; Mary Miotke, Information Technology Director; Jaimie Reavis, Assistant Planner; Marty Grisham, Emergency Manager; Barbara Saxton, Administrative Support Coordinator. ROLL CALL Barbara Saxton, Administrative Support Coordinator, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Allan Ekberg, Dennis Robertson, Verna Seal, Kathy Hougardy and De'Sean Quinn. SPECIAL PRESENTATIONS a. "Treasures of Tukwila" Award for 2011 Mayor Haggerton recognized Mike West as the recipient of the 2011 "Treasures of Tukwila" award. Mayor Haggerton noted that Mr. West received more than one nomination for the award, acknowledging his work as a business owner and an active member of the Tukwila community for over 39 years. Along with his wife, Donna, he was one of the founding members of the Highway 99 Action Committee and one of the first individuals to lead efforts to clean up Highway 99 and establish a Neighborhood Resource Center. Mr. West has been active in the Delta Masonic Lodge in Tukwila and served as chair of the Education Committee of the Southwest King County Chamber of Commerce. He was a member of the Success Foundation, responsible for awarding college scholarships to youth in Tukwila. Mr. West answered the call when the Tukwila Police Department asked for citizen assistance to help reduce crime along Tukwila International Boulevard. He supported Citizens on Patrol and solicited other business owners and managers to become actively involved. Mayor Haggerton presented the "Treasures of Tukwila" award to Mr. West in honor of his compassion and volunteer service to the residents of Tukwila and many others. Mr. West thanked the Mayor and Council for the award. The Councilmembers acknowledged Mr. West's many contributions to the City over the years and thanked him for his time and efforts. b. Safe Routes to School: John VanderSluis, Bicycle Alliance of Washington, and Nina "Will" Williams, Director of ELL and Student Services, Tukwila School District Jack Pace, Community Development Director, explained the "Safe Routes to School" program was included as a recommendation in the City's "Walk and Roll" plan, which was approved in 2009. Tonight's presentation will provide an overview of the progress made to date. John VanderSluis is a Planner working for the Bicycle Alliance of Washington, a non profit education and advocacy group. Nina Williams is the Director of ELL and Student Services for the Tukwila School District, which is working in partnership on this project. The grant they are working on is a Communities Putting Prevention to Work (CPPW) grant, which is stimulus money awarded to the school district and the Tukwila City Council Regular Meeting Minutes September 19, 2011 Page 2 of 7 Bicycle Alliance of Washington through the King County Health Department to address disparities in health outcomes throughout the south King County region. There has been a significant shift over the last generation in how children get to school, and that shift has had some serious consequences. The Safe Routes to School framework is an effective way to take on those changes. In 1969 half of the children attending school walked or biked to school. Now less than 13 percent of children walk or bike to school, as parents are more concerned with levels of traffic and traffic dangers. Studies show that 20 to 25 percent of morning traffic is the result of children being driven to school. During that same period of time, there has been a tripling in the percentage rate of severely overweight children (ages 6 to 19) from 5 to 16 percent. Safe Routes to School is taking a multi -prong approach to address these issues with five "Us: Education: Teaching children how to walk and bike safely, and educating parents and drivers about the proper rules of the road and how to drive around pedestrians and bicyclists Encouragement: Events to make walking and biking fun for children Enforcement: Working with law enforcement and school level enforcement (crossing guards, student safety patrols) Engineering: Changes to crosswalks, sidewalks, lighting, signage Evaluation: Evaluating efforts to see what works and doesn't work The goal of this approach is both obesity reduction and a financial incentive. Children who live within one mile of their school do not qualify for school bus service unless there is a demonstrative hazard. If changes can be made to correct any hazards, the need to pay for bus service can be eliminated. Pioneer Elementary School in Auburn installed a short stretch of trail using grant money from the Washington State Department of Transportation (WSDOT) and was able to eliminate 6 of the 7 school buses going to their school, saving hundreds of thousands of dollars per year. The CPPW grant works with all three elementary schools in Tukwila. Walking audits are conducted to observe potential safety issues, and then Safe Routes to School partner Feet First creates walking maps for each school showing preferred crossings and locations where extra caution should be taken. The grant to Tukwila also includes $5,000 the school district can transfer to the City to implement improvements to the built environment (signing, crossing improvements, etc.). The group is currently working with the City's Public Works Department to determine the best use of that $5,000. Nina Williams, Director of ELL and Student Services, reported that Tukwila schools will be holding encouragement events in late October or early November. The events will be organized by Community Schools Collaboration. In response to questions from Council, Mr. VanderSluis clarified the following: The $5,000 could be used to make street improvements. He noted that one -way streets often increase the speed of traffic (which should be avoided in a school zone) and the risk of fatalities also increases. Tukwila has lower- than normal bike ownership, so the group is more focused on pedestrian safety here. Although expensive, sidewalks do help make walking safer. In general bikes should be ridden on the street, although youth riders tend to use the sidewalks. The program is providing bicycle safety education. Community Schools Collaboration will distribute the walking maps as part of the Walk to School encouragement event. The grant does not cover walking audits for the middle school and high school, but maps were created for those schools too, which goes above and beyond state requirements.. Mayor Haggerton noted that the City's Walk and Roll plan did not receive any federal funding. He felt the "Safe Routes to School" title may have more impact on future grant applications. He also suggested a Council committee look into current speed limits on streets such as South 150th and South 152nd Street between Tukwila International Boulevard and 42nd Ave. So., which feed into Thomclyke Elementary School. Mayor Haggerton also suggested the City should routinely dedicate money in the Capital Improvement Program to keep pace with this issue. Tukwila City Council Regular Meeting Minutes September 19, 2011 Page 3 of 7 Sharon Mann, 4452 S. 160th St., noted 42nd Avenue So. (from Safeway and down the hill) has high speed traffic and no shoulder, and this is a common route for high school and middle school students to walk. She noted that when the area was annexed into the City of Tukwila, residents were promised sidewalks and underground utilities. She asked whether the Walking Bus is part of the Safe Routes to School program. Mr. VanderSluis explained the Walking School Bus is a group of parents who walk their kids to school on the same route and at same time every day so students can walk with a group. This helps reduce crime and provides a solution to cultural issues such as restrictions on women walking alone. Mayor Haggerton thanked Mr. VanderSluis and Ms. Williams for the informative presentation. CITIZEN COMMENTS There were no citizen comments. CONSENT AGENDA a. Approval of Minutes: 9/6/11 (Regular Mtg.) b. Approval of Vouchers #358453 358525, #110800 and #110901 110902 in the amount of $4,255,816.21 MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. UNFINISHED BUSINESS a. A resolution supporting the King County- Cities Collaboration to create a regional network of local governments dedicated to issues of climate change and sustainability and authorizing the Mayor to enter into an Interlocal Agreement with King County for that purpose. 7:50 p.m. Councilmember Quinn recused himself and left the Council Chambers. MOVED BY SEAL, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0, WITH QUINN RECUSED. Barbara Saxton, Administrative Support Coordinator, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SUPPORTING THE KING COUNTY CITIES COLLABORATION TO CREATE A REGIONAL NETWORK OF LOCAL GOVERNMENTS DEDICATED TO SHARING RESOURCES TO ADDRESS THE ISSUES OF CLIMATE CHANGE AND SUSTAINABILITY. MOVED BY SEAL, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0, WITH QUINN RECUSED, TO ADOPT RESOLUTION NUMBER 1747. 7:51 p.m. Councilmember Quinn returned to the Council Chambers. b. Authorize the acceptance of the Washington State Military Homeland Security grant for emergency management in the amount of $82,207.00. MOVED BY HOUGARDY, SECONDED BY HERNANDEZ TO ACCEPT THE WASHINGTON STATE MILITARY HOMELAND SECURITY GRANT FOR EMERGENCY MANAGEMENT IN THE AMOUNT OF $82,207.00. MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes September 19, 2011 Page 4 of 7 c. An ordinance to increase the tax on certain gambling activities upon certain triggers and amending Ordinance No. 2323 §3 as codified at Tukwila Municipal Code Section 3.08.080. MOVED BY SEAL, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Barbara Saxton, Administrative Support Coordinator, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1809 §1 (PART) TO REMOVE THE DISTINCTION BETWEEN SOCIAL AND PUBLIC CARD ROOMS, AMENDING VARIOUS ORDINANCES TO INCREASE THE TAX ON CERTAIN GAMBLING ACTIVITIES UPON CERTAIN TRIGGERS; AMENDING VARIOUS ORDINANCES TO PROVIDE FOR INTEREST ON LATE PAYMENT OF GAMBLING TAXES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY SEAL, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilmember Seal explained a section relating to late penalties was added to this ordinance after the Committee of the Whole Meeting on September 12, 2011, at the request of Shawn Hunstock, Interim City Administrator. Mr. Hunstock explained this ordinance relating to gambling taxes provided an opportunity to propose a new late fee structure. Under the current late fee provisions, if a gambling establishment is late in paying their taxes, there is a one -time fee of 10% for 1 -17 days delinquent and 15% for 18 or more days. Once that penalty is applied, there is no incentive for the establishment to pay the tax or penalty in a timely manner. The proposed language would apply a 10% fee that would compound each month. Councilmember Seal pointed out revised language in Section 2.A.4.b. of the proposed ordinance. The revised language is broader than that shown in the ordinance discussed at the September 12, 2011 Committee of the Whole meeting. Mr. Robertson noted two issues relating to the location of casinos are (1) image and (2) property values. The State Gambling Commission says cities cannot put restrictions on the zoning for casinos that is different than that for restaurants. Therefore, casinos may end up located close to businesses that want to project a "family" image. Property values of homes are subjectively impacted by what is around them. It is possible that casinos could be located in areas zoned for restaurants, which also means close to single family homes or apartments. If property values drop, the City's revenues drop. Council discussion included clarification of the number of licensed card rooms currently in Tukwila. It was confirmed there are 3 casinos operating at this time, 1 casino is currently closed, and the former Denny's location is being remodeled to operate as a casino (making 5 locations total with gambling licenses). Shelley Kerslake, City Attorney, explained gambling licenses are issued by the state for a set period of time. A business can hold a gambling license and not operate a gaming facility. The question of how long an establishment can remain closed before the City can take action would be governed by the City's non conforming statutes. Under the former ordinance the existing casinos were considered non- conforming uses and would not be allowed to reopen if they were abandoned for more than 6 months. With the passage of Ordinance No. 2323 (with a sunset clause for social card rooms) the use is a conforming use for the next 5 years. Councilmember Hernandez questioned whether the threshold noted in Section 2.A.4.a of the proposed ordinance should be lower than 5 casinos before the tax increase specified in Section 2.A.4.b. is triggered. She stated she can support the language in this ordinance, but prefers the approach previously discussed of raising the gambling tax by 1 percent. Tukwila City Council Regular Meeting Minutes September 19, 2011 Page 5 of 7 Additional Council discussion included whether any of the gambling licenses would expire in the near future, which would allow the 5 casino threshold to be lowered; whether the ordinance should be returned to a future Committee of the Whole meeting for further discussion; and the need to have some type of measure in place to stop the proliferation of casinos in the City. Ms. Kerslake stated that staff compiled several studies containing varying theories on the economic impacts of gaming establishments and how they affect the City's costs to maintain services. A copy of that information was distributed to Council this evening. Mayor Haggerton asked for citizen comments. Dave Fretz, 18300 Cascade Avenue So., feels the 5 percent tax increase is a tool that would stop the proliferation of casinos. He noted there are establishments licensed and not operating, plus those that are licensed and operating but have no revenue. To protect the industry, he suggested the definition of an operating business in Section 2.A.4.b. of the proposed ordinance be revised to read "a business open to the public that is in aood standina with the Citv [i.e. has paid taxes], is dulv licensed, and is actively engaged in the business of operating..." He also recommended changing the operating period from 30 days to 90 days. Taxes are currently paid to the City on a quarterly basis, making it hard to tell if a business is late on their taxes until they are actually due. An establishment in Everett was behind on their taxes for a 2 -year period before their license was revoked. "MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2349. REPORTS a. Mayor Mayor Haggerton reported many City staff members, including two Councilmembers, were involved in a FEMA training exercise last week with four other cities. On September 14, 2011, staff from the participating cities took part in an on -site exercise based on various scenarios related to the Howard Hanson Dam. Staff operated out of the City's Emergency Operations Center, and had communication with King County throughout the day. The Colonel from the Corps of Engineers then called a meeting of the four cities and distributed a media release on the current condition of the Howard Hanson Dam. Based on recent analysis, the Corps of Engineers has concluded the temporary repairs have restored the dam to its original capacity. The Mayor reported that Derek Speck, Economic Development Administrator, has been working with retailers in the Southcenter area to take advantage of the reopening of Klickitat, tentatively planned for early October. b. City Council Councilmember Duffie thanked the City for the opportunity to train with FEMA and thanked all the staff who participated. He stated that communication from upper management is very important, especially during the first 4 hours of any situation. Councilmember Hernandez attended the Harvest Celebration at the St. Thomas community garden on September 15, 2011, and commended Councilmember Quinn on his presentation. On September 15, 2011, she attended the Historical Society meeting, at which they received a request from a new member to rent the hall for a candidates' forum in October. The Historical Society is investigating the fire occupancy limit and parking issues, and is also concerned about taking any steps that may jeopardize their 501(c)(3) status. Councilmember Ekberg attended the Lodging Tax Advisory Committee meeting on September 19, 2011. Statistics show a slight increase in bed stays and dollars paid per bed night. Also discussed were support levels and benefits received in return from the Rock 'n Roll Marathon, media placement fees and the Backyard Wildlife Fair. Tukwila City Council Regular Meeting Minutes September 19, 2011 Page 6 of 7 Councilmember Robertson stated he was impressed with the City staff and leadership during the FEMA training. This commitment of City resources will make a big difference to residents, businesses and visitors in Tukwila in the event of a real emergency. Councilmember Seal reported on the work Communities Putting Prevention to Work is doing with immigrant communities in the area, specifically the formation of an East African work group. The group applauded Tukwila for its Walk and Roll program, features of the Comprehensive Plan, and the Equity Diversity Commission. Councilmember Quinn attended the Harvest. Celebration at the St. Thomas community garden on September 15, 2011. He commented the garden is a great example of a public /private community partnership, which utilized minimal City dollars. This is the first community organizing project for Cascade Land Conservancy, and the garden is now producing food for the participating families and for the St. Thomas Parish Food Bank. c. Staff Mr. Hunstock reminded Council of the budget workshop scheduled for September 27, 2011, at 6:00 p.m. at Billy Baroo's, where discussion will focus on the golf course. d. City Attorney Ms. Kerslake reported on the City's appeal of the Growth Board decision regarding Tukwila's ordinance relating to the siting of crisis diversion facilities. The judge ruled the City is entitled to relief under the Administrative Procedures Act because the Growth Board engaged in an unlawful procedure. Its decision was an erroneous interpretation and /or application of the law and not supported by substantial evidence. As a result of that finding, Judge White reversed the Board's decision in its entirety, including its finding of invalidity. Therefore the original ordinance siting crisis diversion facilities along West Valley Highway is valid. The ordinance passed in an attempt to broaden the zone is no longer necessary and will be brought back to the Council for repeal. Ms. Kerslake explained that attorney's fees are not reimbursed at this stage. There is another pending matter under RCW 64.40 that does include shifting attorney fee provisions, so attorney's fees will be awarded to the prevailing party in that case. e. Intergovernmental The Council Analyst is not required to attend Regular Meetings. MISCELLANEOUS Councilmember Hernandez noted that Warren Wing, a long -time resident of Allentown, passed away recently. Mayor Haggerton reported Governor Gregoire will be the featured speaker at the Suburban Cities Association dinner meeting on Wednesday, September 24, 2011, at the Embassy Suites Hotel. On September 22, 2011, Tukwila's Police Department will be at Applebee's for a Tip -a -Cop event benefiting Special Olympics. Tukwila City Council Regular Meeting Minutes September 19, 2011 ADJOURNMENT Page 7 of 7 8:50 p.m. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Jim Hag rt n, Mayor Barbara Saxton, Administrative Support Coordinator APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR: 1013/11 AVAILABLE ON CITY WEBSITE: 1014/11