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HomeMy WebLinkAbout2009-09-14 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers September 14, 2009 7:00 P.M. CALL TO ORDER /PLEDGE OF ALLEGIANCE MINUTES Council President Hernandez called the Tukwila City Council meeting to order at 7:06 p.m. Members of the American Legion Post 235 led the audience in the Pledge of Allegiance. OFFICIALS Present were Joan Hernandez, Council President, Councilmembers Joe Duffie, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn. Councilmember Linder was not present. CITY OFFICIALS Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Bob Giberson, Interim Public Works Director; Frank Iriarte, Deputy Pubic Works Director; Shawn Hunstock, Finance Director; Jack Pace, Community Development Director; Mary Miotke, Information Technology Director; Derek Speck, Economic Development Administrator; Katherine Kertzman, Tourism and Marketing Manager; Lisa Verner, Project Manager; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. SPECIAL PRESENTATIONS a. A proclamation declaring September 2009 as American Legion Month. Mayor Haggerton read a proclamation from the office of the Mayor declaring September 2009 as American Legion Month. The Tukwila American Legion Post 235 strongly supports veterans, their families and Tukwila as a community. Mayor Haggerton presented the proclamation to Percy Belcher, Post 235 Commander. The Council thanked the members of American Legion Post 235 for their service to the community. CITIZEN COMMENTS Anna Bernhard, 14241 59 Avenue South, indicated she attended the time capsule ceremony on September 12, 2009, and requested clarification on the relationship between the Masons from the Delta White Center Masonic Lodge and the City. Ms. Bernhard expressed her concern over the ceremony and the religious message presented. Rhonda Berry, City Administrator, explained there was a time when the Mason's would lay cornerstones at community /civic buildings, and they provided the cornerstone for City Hall. At the June 23, 2008 centennial celebration time capsule opening, they requested to be involved again in the time capsule reburial. Councilmember Robertson indicated the City should reconsider ceremonies that include religion given the diversity of our community. The City needs to be sensitive to the other cultures in the community. Paul Szewczyk, 13749 Macadam Road South, expressed concern regarding recent news reports on the possible flooding due to the Howard Hanson Dam. He stated the City should be preparing now for a possible disaster. He recommends a four -step process starting with preparation of the lowest points of the City, staging equipment to use for sandbagging operations, preparing for volunteers and then organizing the volunteers. Tukwila City Council Committee of the Whole Minutes September 14, 2009 Page 2 of 9 Ms. Berry explained that Hillman Mitchell, Emergency Management Coordinator, has been working on these issues. The City also has a Volunteer Coordinator, and they together will be coordinating how to handle the volunteers. SPECIAL ISSUES a. An ordinance adopting the 2008 Electrical Code. Councilmember Griffin indicated this item was discussed at the Community Affairs and Parks Committee meeting on August 24, 2009. The committee members were unanimous in recommending approval. State codes are revised, amended and republished on a three -year cycle. It is advantageous to the City to follow the same schedule, ensuring the City's regulations are equal to or better than State regulations. The current Tukwila Electrical Code was updated in March 2007 by the adoption of the 2005 National Electrical Code. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. Acceptance of the COPS hiring grant. Councilmember Quinn indicated this item was discussed at the Finance and Safety Committee meeting on September 9, 2009. The committee members were unanimous in recommending approval. The United States Department of Justice Community Oriented Policing Services (COPS) office has awarded the City $928,308.00 for wages and benefits for three officers for 36 months. If the City accepts the grant, the City is obligated to fund the positions for an additional 12 -month timeframe utilizing local funds. Mike Villa, Assistant Police Chief, utilized a PowerPoint presentation to provide an overview of this issue and explain the benefits. Create and Preserve Jobs Community Oriented Policing 36 months of funding, capped at $928,308 12 months, using local funding for 4th year Extensions for delays and breaks in service may be requested Program modifications must be approved by Department of Justice Officers must engage in Community Oriented Policing (description on the grant application) Three Person Team One Sergeant Two Officers Urban District will be responsible for building relationships Develop new partnerships Implement crime solving strategies Respond to and investigate crime Peak hours; approximately 11:00 AM to 11:00 PM Tukwila Urban Center accounts for 34% of calls for service Goals for the Urban District are to Increase public safety and reduce crime Decrease response time (citywide) Increase neighborhood patrols Community Oriented Policing Councilmember Robertson commended the Police Department for receiving partial award of the grant. He expressed concern about where the City's contribution of $1,014,444 would come from. The informational memorandum included with the agenda indicates the location of funds will be determined through the normal budget process. The Council is being asked to adopt a Solid Waste Utility Tax ordinance this evening, and the City is trying to increase revenue. He requested clarification regarding a funding source for the City's contribution toward the project. Tukwila City Council Committee of the Whole Minutes September 14, 2009 Page 3 of 9 Rhonda Berry, City Administrator, explained that near the end of the 4 th quarter, the Finance Director will be able to ascertain which expenses have not been allocated. The remaining balances could then be utilized to cover these costs. In addition, the City has certain charges that have not been increased in over 13 years. The Finance Director is reviewing all the available options and that information will then be provided to the Council at the budget workshop. Council President Hernandez stated the informational memorandum lists three options for Council discussion. The Council discussed the three options and Council consensus existed to choose Option A to authorize the Mayor to accept the grant with the proposed City contributions. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. A resolution declaring certain property surplus as part of the Howard Hanson Dam Flood Response Plan. Council President Hernandez indicated this item was discussed at the Utilities Committee meeting on August 25, 2009. The committee members were unanimous in recommending approval. Bob Giberson, Interim Public Works Director, indicated this property is located at the east end of South 140 Street, which is a low spot on the west bank of the Duwamish River. This low spot has been impacted by previous storm events. Working with the Army Corps of Engineers and the King County Flood Control District, staff would be able to install a low -cost demonstration project for an advanced measures flood protection system. Joanne McManus, 5610 South 133` Street, inquired about the possibility of retaining the shell of the structure as was done at Bicentennial Park. Mr. Giberson indicated retaining the shell of the structure would present safety issues. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. An Interlocal Agreement with King County for the 2009 Annual Small Drainage Program. Councilmember Robertson indicated this item was discussed at the Utilities Committee meeting on August 25, 2009. The committee members were unanimous in recommending approval. The King County Flood Control Zone District (KCFCZD) was created in 2008 to address major flooding. A portion of funding is allocated proportionally to each jurisdiction from which funds were collected. The amount of funding available per year to Tukwila is estimated at $44,000.00. For 2008 and 2009, a total of $87,823.00 will be used for two culvert replacement projects included in the 2009 Small Drainage Program. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. Bid Award for the Macadam Road Bridge Soffit repairs. Councilmember Quinn indicated this item was discussed at the Transportation Committee meeting on September 8, 2009. The committee members were unanimous in recommending approval. This project will provide concrete bridge repairs to the Macadam Road Bridge, including removal of loose and spalling concrete, drilling through the bridge deck and concrete placement. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. f. A resolution of intent to form a Local Improvement District (LID) for the Tukwila Urban Center Access project (Klickitat). Councilmember Quinn indicated this item was discussed at the Transportation Committee meeting on September 8, 2009. The committee members were unanimous in recommending approval. Tukwila City Council Committee of the Whole Minutes September 14, 2009 Page 4 of 9 Bob Giberson, Interim Public Works Director, indicated the first step of forming a Local Improvement District (LID) is adoption of a Resolution of Intent to Form a Local Improvement District. Cyndy Knighton, Senior Engineer, utilized a PowerPoint presentation to provide an overview of the Tukwila Urban Center Access project (Klickitat): History of the protect: In the early 1990's, Tukwila developed a Comprehensive Plan for the entire City and the Southcenter area was designated as an Urban Center. Comprehensive Plan Goals: Improve internal circulation, reduce traffic congestion, protect access and support the Urban Center's economic vitality. Create a sense of arrival Enhance user experience Establish a City identity Strategic Economic Development Task Force: The task force was created in 2000 to create a real, recognizable, and functional urban center. In 2005, the Transportation Element was adopted. The Tukwila Urban Center Access Improvement project was identified as the number one priority project. Southcenter, a true reaional asset: The area was designated an Urban Center with 1,360 businesses and 22,770 jobs. $214 million in annual tax revenue 170,000 vehicles per day in 2000 251,000 vehicles per day forecast for 2020 Traffic Entry /Exit Points: There are nine access points to the Southcenter Area Two are part of the Klickitat project, 25% of all trips into and out of the Southcenter area Proiect Goals: Improve traffic flow Improve safety Minimize property impacts Improve signal operations Improve transit and freight access Minimize delays Create a visual signature Next steps: Resolution of Intent to Form LID and Public Hearing at the September 21, 2009 Regular Meeting. Preliminary assessment notifications to be mailed to the taxpayers of record. Ordinance to form the LID to be forwarded to Council for decision on October 19, 2009. If project is approved, construction to be completed in late 2010. o City has secured $16,843,000.00 in state, federal and City funds. The remaining $6.5 million to be paid by the LID. Final assessment notifications to be mailed to taxpayers of record after successful completion of the project. Each parcel owner will have two payment options. 1) pay in full within 30 days of the final assessment with no interest or 2) payment of the amount due over 15 years to amortize cost, including interest. The Councilmembers thanked Ms. Knighton for the presentation, work on the project and the public outreach efforts. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. g. An ordinance implementing a Solid Waste Utility Tax. Councilmember Quinn indicated this item was discussed at the Finance and Safety Committee meeting on September 9, 2009. The committee members were unanimous in recommending approval. Tukwila City Council Committee of the Whole Minutes September 14, 2009 Page 5 of 9 Shawn Hunstock, Finance Director, indicated the City is in need of increasing revenue and reducing expenditures to address current revenue shortfalls. This is a tax the City has chosen to not implement in prior years; however, the City currently taxes electricity, gas and telephone utilities at the statutory maximum of six percent. The City does not impose a utility tax on water or storm water services. Mr. Hunstock provided a copy of the 2008 Association of Washington Cities Tax and User Fee schedule to the Council. The City has chosen not to implement a solid waste utility tax for residential customers. Multi- family structures are classified as commercial customers and are included in this ordinance. The starting date of October 1, 2009 is not a realistic date, as the companies that perform these services will need 30 days to implement this tax. Councilmember Robertson clarified the City is leveling the six percent tax on the solid waste collection company. The agreements they have with the City provide they can then pass the costs on to the consumer. Mr. Hunstock answered in the affirmative. Frank Iriarte, Deputy Public Works Director, provided the Council with a spreadsheet outlining the current base rate and the total monthly costs, at both the current rates and including the proposed six percent tax and fees. The City has 120 multi family units that subscribe for solid waste utility collection. Of those 120 units, the median level of service is the four -yard container. The proposed six percent tax would increase the monthly cost of a four -yard container by $18.96 per month. Councilmember Quinn inquired about the possibility of a sunset clause, a date certain or a financial number, or a rate deflator. If there is a point where residential and commercial businesses can see the tax come to an end, based on the return of a more stable financial situation, it provides a more transparent approach. When the economic times improve, this tax could than be repealed. Mr. Hunstock indicated staff could add a sunset provision to the ordinance. Included in the ordinance is the referendum procedure the residents would need to follow in order to have the tax repealed. This tax is one of many options the administration has chosen to pursue. Ms. Berry indicated a suggestion for a new section could be added to the ordinance to read that the City Council will review the solid waste utility tax ordinance each biennium during the budget preparations. At that time, the Council could choose to repeal or lower the amount of the tax. Councilmember Griffin indicated she supports the sunset provision. This would send a message to the community as to why the City is implementing the tax, and provide periodical review. Council President Hernandez inquired if the definition of "person" could be moved to definition number three for clarity. She also requested a definition of "non residential" be added to the ordinance. Mr. Hunstock indicated those items could be included. Council President Hernandez requested Council discussion on the following items: Does the Council want to implement a solid waste utility tax? What rate should the Council propose? When should the tax be implemented? Should a whereas be added to list the neighboring cities that currently impose the tax? The Council discussed the options, and consensus existed to support the utility tax at the six percent level and the October implementation date as proposed in the draft ordinance. Council President Hernandez requested staff provide a more current projected revenue worksheet for the next Regular Meeting. Chuck Parrish, 4430 South 150 Street, inquired if the ordinance were adopted and the City started collecting the six percent tax, whether the funds would be used in the General Fund. Tukwila has been limited to a one percent property tax increase, and this limitation will eventually affect the General Fund. Mr. Parrish indicated he would prefer the sunset clause not be included in the ordinance because the City Tukwila City Council Committee of the Whole Minutes September 14, 2009 Page 6 of 9 could use the additional funds to continue City services. He does, however, agree with the language indicating the Council would review the utility tax during the budget cycle. Rhonda Berry, City Administrator, indicated the fees collected would be applied to the General Fund. Eric Elfstrom, 14201 42 Avenue South, stated he works at an apartment complex on 42 Avenue South, and the complex is dealing with excessive illegal dumping. With the proposed tax, his complex would be paying more for the removal of illegally dumped items. They are trying to figure out how to correct the problem, and the proposed tax will have an affect them. Councilmember Robertson thanked Mr. Elfstrom for his comments and indicated the City, too, is experiencing and paying for illegal dumping. Individuals are dumping large items on City property or leaving them in the streets. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 9:22 Council President Hernandez declared a brief recess. 9:33 Council President Hernandez reconvened the Committee of the Whole meeting. h. Seattle Southside Visitor Center (SSVS) Lease. Councilmember Quinn indicated this item was discussed at the Finance and Safety Committee meeting on September 9, 2009. The committee members were unanimous in recommending approval. Derek Speck, Economic Development Administrator, indicated the Seattle Southside Visitor Center lease term ended on August 31, 2009. Staff recognizes the need for a new lease, either at the current location or at a new location. After evaluating multiple sites, staff recommends moving to a new location at 3100 South 176 Street in SeaTac. Katherine Kertzman, Tourism and Marketing Manager, discussed the following reasons for relocating to the 3100 Building: Partnership Considerations: The Cities of SeaTac and Tukwila entered into an Interlocal Agreement in 2002 for Tourism and Marketing. Tukwila is the administrator of the partnership and clearly has the authority to select the location of the offices. However, the Interlocal Agreement specifies that SeaTac and Tukwila will mutually agree upon the media campaign and marketing activities. The City of SeaTac's monetary contribution is as equal as Tukwila's to the program, and they would like locations in SeaTac to be considered just as equally as they are in Tukwila. The City of SeaTac and the SeaTac Hotel /Motel Advisory Committee (HMAC) also desire to continue the partnership. The committee members have indicated they prefer the 3100 Building location. The City of SeaTac has more hotel rooms than Tukwila and is located near the airport with access to more rental car agencies, and has a smaller retail base than Tukwila. The location of the proposed SSVS facility is centrally located to assist visitors with lodging accommodations and shuttle service to Tukwila for shopping, dining and entertainment. Moving the tourism office to the SeaTac location now, in the spirit of cooperation, will solidify the cooperative nature of the partnership. Access to More Tourists: The 3100 Building's location is located more closely to the airport, car rental agencies, and the Hilton Convention Center. This location is also within the largest cluster of hotels in the SSVS territory. This proximity makes it easier to reach more tourists. The building will also have visitor center signage in view of International Boulevard, which may draw in additional tourists looking for suggestions on shopping, dining, entertainment, etc. Larger Hotelier Base: The 3100 Building is near the largest cluster of hotels in SSVS territory. It is easier for staff to build relationships with area hoteliers for developing travel packages including transportation providers, restaurants, retailers, etc. These travel packages can drive more visitors to Tukwila and the rest of the SSVS area. Tukwila City Council Committee of the Whole Minutes September 14, 2009 Page 7 of 9 Image: The 3100 Building offers an impressive reception area at the entrance to the building that would make a striking visitor info /concierge desk, creating a more professional first impression. Better Workflow: The 3100 Building has more square footage allowing for more storage and better workstation workflow. Opportunity for Growth: The 3100 Building has more square footage and a layout allowing additional workstations that could be added in the future. The additional workstations would enable adding volunteers or staff if the need arises. Access to Volunteers: Highline Community College and South Seattle Community College have tourism and hospitality management programs and the 3100 Building has a direct bus service linking to those schools that would make it easier for SSVS to get volunteers and interns. Mr. Speck indicated the Tukwila Lodging Tax Advisory Committee has reviewed the proposal, and the committee was in favor of the relocation to the SeaTac facility. Councilmember Quinn indicated his main concern is how information would be provided to the City. It is important that Councilmembers in Tukwila are provided program updates at the same time as information is being provided to the City of SeaTac. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. i. Tukwila South project update. Councilmember Griffin indicated this item was discussed at the Community Affairs and Parks Committee meeting on August 24, 2009. The committee members recommended that all future Tukwila South project updates be provided to the full Council at a Council meeting. Lisa Verner, Project Manager, provided an update to the Council regarding implementation of the Tukwila South Development Agreement. Accountant City staff and La Pianta representatives have agreed to the accounting firm of Benson and McLaughlin to develop the protocols used to track revenue and expenses relative to the Tukwila South Project. They will have the accounting system review completed by the end of the year. The intent is to have the accounting commence on January 1, 2010. Escrow Agent An agent has been identified, and staff is currently working on finalizing an agreement for services. The agent will become the responsible party for the letters of credit for the project. Hugh Spitzer, Special Bond Counsel, has recommended the Bank of New York Mellon. Annexation The notice of intent to annex has been submitted to the Boundary Review Board. They will conduct a public hearing on October 20, 2009. At that time the board will take public comments on the potential annexation application. The comment and appeal period should be concluded mid December. After the Boundary Review Board public hearing, the Council will be presented with a resolution for annexation by the end of the year. Relocation of Fire Station The selection committee reviewed qualifications from 16 firms and conducted interviews. TCA Architecture and Planning has been selected to identify the best property location for the new fire station. Southcenter Parkway Construction is scheduled to commence in May of 2010, and Puget Sound Energy is working on the design for the undergrounding of existing overhead utilities. The Transportation Improvement Board has confirmed the City still has $5 million in funds to utilize for the project. Levee Modification Application The application previously submitted to the Army Corps of Engineers is under review. After the Corps of Engineers has completed their review of the Tukwila City Council Committee of the Whole Minutes September 14, 2009 Page 8 of 9 application, it will then be sent to the Federal Emergency Management Agency (FEMA) for review. FEMA has suggested a Conditional Letter of Map Revision (CLOMR), and staff and the consultants have taken that under advisement. The National Marine Fisheries Agency has indicated they have completed their review of the project. KPFF is currently working on the scope of work and right -of -way certification for Southcenter Parkway. The Corps of Engineers has requested an independent review of the levee be performed. Staff has asked KPFF and Anchor Environmental to conduct the peer review of the levee. Jack McCullough, representing La Pianta LLC, indicated the issues regarding the trail width on 196 Street have been discussed, and La Pianta has drafted some revised language for review. The draft information should be ready for review at a Shoreline Master Program work session. Staff and La Pianta have made great progress in the implementation of the Tukwila South Developer Agreement. At the August 24, 2009 Community Affairs and Parks Committee meeting, Ms. Verner indicated the Committee members requested that future project briefings be provided to full Council approximately once a month for the next several months. She also indicated the process for contract approvals pertaining to Tukwila South would continue as previously established. Staff would bring the items directly to the Committee of the Whole and then the next Regular Meeting. Council consensus existed to continue the process for Tukwila South contract approvals by bringing them directly to the Committee of the Whole and then the Regular Meetings. Councilmember Robertson inquired about the Conditional Letter of Map Revision (CLOMR) option and how the project is dealing with the compensatory storage requirements for 140 acres being removed from the flood plain. Ms. Verner explained FEMA has not indicated that would be a requirement. REPORTS a. Mayor Mayor Haggerton attended the Suburban Cities Association meeting on September 9, 2009. On September 11, 2009, he attended the 9/11 Remembrance, the Southwest King County Chamber of Commerce luncheon and that evening the Volunteer Banquet. He also attended the Time Capsule Ceremony on September 12, 2009. On September 14, 2009, he attended the King County Rood Awareness media event held in Kent. He stated our Legislators in Washington D.C. are aware of the situation and the possibility of flooding. Senator Murray has requested a meeting locally to discuss the Howard Hanson Dam issues. b. City Council Councilmember Duffie hosted the Council Coffee Chat and attended the Time Capsule Ceremony on September 12, 2009. Councilmember Hougardy attended the Southwest King County Chamber of Commerce Luncheon and the Volunteer Banquet on September 11, 2009. On September 12, 2009, she attended the Time Capsule Ceremony. Council President Hernandez attended the Southwest King County Chamber of Commerce Luncheon and the Volunteer Banquet on September 11, 2009. On September 12, 2009, she attended the Time Capsule Ceremony. c. Staff There was no report. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. Tukwila City Council Committee of the Whole Minutes September 14, 2009 Page 9 of 9 e. Intergovernmental There was no report. ADJOURNMENT 10:28 p.m. COUNCIL PRESIDENT HERNANDEZ DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Jean Hernandez, Council President Melissa Hart, Deputy City Clerk