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HomeMy WebLinkAbout2009-10-26 Committee of the Whole MinutesEXECUTIVE SESSION Legal Issues Pursuant to RCW 42.30.110(1)(i) to discuss the legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency (50 minutes). Attendees: Mayor Haggerton; Rhonda Berry, City Administrator; Tukwila City Councilmembers, Joe Duffie, Joan Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy and De'Sean Quinn; Bob Sterbank, City Attorney; Jack Pace, Community Development Director; Nora Gierloff, Community Development Deputy Director; Carol Lumb, Senior Planner; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. Start: 6:07 P.M. Council President Hernandez announced the purpose of the Executive Session is to discuss legal issues. It will last no more than 50 minutes and no decisions will be made during the Executive Session. End: 6:57 P.M. CALL TO ORDER /PLEDGE OF ALLEGIANCE Council President Hernandez called the Tukwila City Council meeting to order at 7:12 p.m. Michael Fertakis, Foster High School student, led the audience in the Pledge of Allegiance. OFFICIALS CITY OFFICIALS Tukwila City Council Committee of the Whole Meeting City Hall Council Chambers October 26, 2009 7:00 P.M. MINUTES Present were Joan Hernandez, Council President, Councilmembers Joe Duffie, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn. Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Bob Giberson, Interim Public Works Director; Cyndy Knighton, Senior Engineer; Shawn Hunstock, Finance Director; Jack Pace, Community Development Director; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS Robert Schofield, 4212 Hunts Point Road, Hunts Point, expressed his concern about the future of retail in Tukwila and the Green River Valley. The media reports relating to the situation at the Howard Hanson Dam have caused several area businesses to discuss the possibility of relocation. Mr. Schofield indicated several of his lessees are requesting re- negotiation. He also commented on the information provided at the community outreach meetings, where the City's flood response was the key message. Mr. Schofield is requesting that the Council concentrate on flood mitigation rather than the response. Joe Desimone, 5609 S.W. Manning Street, Seattle, expressed his appreciation for the Council's continued cooperation he has received as a long -time Tukwila property owner. The continued support relating to the Shoreline Master Program indicates the Council's willingness to work with property owners to resolve issues contained in the draft of the Shoreline Master Program. The continued support and communication will benefit the City and all affected property owners. Abdullah Kim Hashi, 15211 International Blvd South, expressed his appreciation for the opportunities provided to the Somali Community and the support of their request to open a mosque in the City. They Tukwila City Council Committee of the Whole Minutes October 26, 2009 Page 2 of 5 feel they are contributing to the community and look forward to the continued partnership the opportunity has created. PUBLIC HEARING a. A resolution declaring the intent to consider the formation of a Local Improvement District, to be known as Local Improvement District No. 33, for the purpose of improving Urban Access for the Southcenter area, and setting a public hearing date to consider formation of the LID; and superseding Resolution No. 1690. Cyndy Knighton, Senior Engineer, used a Powerpoint presentation to provide an update regarding the proposed Local Improvement District (LID). This project will involve a grade- separated facility that will affect the Urban Center and includes a partial LID. It will provide additional capacity for better traffic flow, improved pedestrian facilities, and a new signal with ITS elements. There are several access points to the Southcenter area, and this project carries about 25% of all trips in to and out of the Southcenter area. The total anticipated cost of this project is $23,343,000. There are secured funds available for the project in the amount of $16,843,000 by way of City funds, impact fees, and state and federal grants. The additional amount needed is approximately $6,500,000, which would come from the affected property owners by way of this LID. There are approximately 260 parcels that include 140 unique property owners, and their assessment would be based on the benefit to their property (nearby properties have higher benefits; those further away have lower benefits). It is anticipated that property owners would receive the special benefit ratio of $1.00 in benefits for every $.24 assessed. The Preliminary Assessments were mailed on September 30, 2009. On October 2, 2009, an error was discovered in Resolution No. 1690. While this evening the public hearing and Resolution of Intent are to consider the formation of an LID, there have been several statements about the preliminary assessments. Ms. Knighton explained that she has requested the consultant who performed the assessments attend a Regular Meeting to answer any questions the Council might have. Ms. Knighton explained that due to the economic downturn the bidding climate is very good at this time. The intent is to award a contract early next year and for the project to be completed by mid November of 2010. They would then finalize the project costs, and final assessments would be mailed out in 2011. Councilmember Duffie stated that this project will improve the traffic congestion in the area and will benefit the City and the Urban Center. 7:42 p.m. Council President Hernandez opened the Public Hearing Robert Schofield, 4212 Hunts Point Road, Hunts Point, indicated the current flood threat and the decrease in unit leases does create a revenue problem for property owners. However, he supports the formation of the Local Improvement District. Nicholas Lee, representing Westfield Southcenter, indicated they are not protesting the LID. Westfield's request is for the Council to consider whether this is the right time for such a project. There will be an economic impact to the retailers and their sales volume during the construction period. Mr. Lee stated they have received their preliminary assessment and are currently reviewing the information. Dr. Jerome Baruffi, 411 Strander Blvd, expressed his concern relating to the cost benefit ratio that was provided. He stated that the cost benefit appears to be just a guess. He questions the benefit he would gain from this project, and the assessment he received equals approximately $1,000 a square foot. Dr. Baruffi explained that due to the current state of the economy and the possible flooding, his few remaining tenants would not agree to the City's assessment. Melissa Hart, Deputy City Clerk, referenced a letter from Mitchell Lowe dated October 25, 2009. The letter references the Tukwila Urban Center Access (Klickitat) project and is on behalf of Sizzling Platter, owner of the Sizzler Restaurant. A copy of the letter was distributed to the Mayor, City Council and City Administrator. Tukwila City Council Committee of the Whole Minutes October 26, 2009 Page 3 of 5 Ms. Hart also referenced a letter from Glenn Amster with Lane Powell Attorneys Counselors dated October 19, 2009; two letters from Marlene Ivy with MVI Tukwila 1 and MVI Tukwila 2 LLC received October 20, 2009; a letter from Eric Shaw, dated October 19, 2009 and an e-mail from Richard Landen dated 10/18/09. The letters and e-mail reference the Tukwila Urban Center Access (Klickitat) project. A copy of each was distributed to the Mayor, City Council and City Administrator. 7:55 p.m. Council President Hernandez closed the Public Hearing SPECIAL ISSUES a. A resolution declaring the intent to consider the formation of a Local Improvement District, to be known as Local Improvement District No. 33, for the purpose of improving Urban Access for the Southcenter area, and setting a public hearing date to consider formation of an LID; and superseding Resolution No. 1690. Councilmember Quinn indicated this item was discussed at the Transportation Committee meeting on October 5, 2009. The committee members were unanimous in recommending approval. The preliminary assessment roll was completed on September 8, 2009 and presented to the Council on September 21, 2009, during the public hearing for the Resolution of Intent to form LID No. 33, and Resolution No. 1690 was approved. On October 2, 2009, a technical error in Resolution No. 1690 was discovered, which will delay the LID process. In order to correct the problem, the City must start over with the Resolution of Intent process prior to beginning the Ordinance to Form a Local Improvement District process. Councilmember Linder indicated she would like to review the assessment information with the consultant and the City Attorney. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. A contract with M.J. Durkan, Inc. for 2010 lobbying services. Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting on October 20, 2009. The committee members were unanimous in recommending approval. The Council is being asked to authorize the Mayor to approve a contract with M.J. Durkan, Inc. for lobbying services for 2010 in the amount of $4,000 per month, plus expenses. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. Authorization for Transfer of Funds for additional budget reductions for 2009. Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting on October 20, 2009. The committee members were unanimous in recommending approval. The Authorization for Transfer of Funds implements additional budget reductions for 2009 beyond the three percent reduction recently enacted. The additional budget reduction totals $392,416, as identified from selected departments, based on identified cost savings opportunities. Councilmember Robertson requested the Finance Director provide program descriptions relating to the Parks and Recreation budget reductions prior to the next Regular Meeting. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Review of the budget process and deadlines. Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting on October 20, 2009. The committee members requested additional information from staff be provided to the Committee of the Whole. Tukwila City Council Committee of the Whole Minutes October 26, 2009 Page 4 of 5 State statute provides specific deadlines for developing, implementing and modifying biennial budgets. The City needs to pass a mid biennium budget amendment for 2009 -2010 by December 21, 2009. The property tax levy for 2010 must also be passed by November 30, 2009. Shawn Hunstock, Finance Director, reminded the Council of the November 5, 2009 budget workshop and requested that Councilmembers provide agenda items or suggested topics to him as soon as possible. The budget workshop has been scheduled at the request of the Council. He would like to ensure the concerns of the Council are addressed during that meeting. Councilmember Robertson stated a three -step process was established several years ago. The process included a staff presentation and then the Councilmembers could ask clarifying questions. At that time, the formal discussion would commence. REPORTS a. Mayor Mayor Haggerton indicated he attended the King County Boundary Review Board Public Hearing relating to the Tukwila South Annexation on October 20, 2009. The Boundary Review Board has indicated they support the Tukwila South Project annexation. On October 21, 2009, he attended the Association of Washington Cities (AWC) Regional Meeting and the Joint City Council /School Board Meeting on October 22, 2009. He also attended the Valley Mayors meeting on October 23, 2009. b. City Council Councilmember Duffie attended the Association of Washington Cities Regional Meeting on October 21, 2009 and the Joint City Council /School Board Meeting on October 22, 2009. Councilmember Linder attended the Joint City Council /School Board Meeting on October 22, 2009. Councilmember Robertson attended the October 21, 2009 South County Area Transportation Board (SCATBd) committee meeting. Council President Hernandez attended the Association of Washington Cities Regional Meeting on October 21, 2009 and the Joint School Board Meeting on October 22, 2009. c. Staff Rhonda Berry, City Administrator, provided the Council with an update on the current flood mitigation projects. The Gilliam Creek project is approximately 60% complete, and the contractor has commenced the Supersack placement and installation of Hesco barriers along the riverbank in the City. Ms. Berry stated she has received information that some City of Auburn residents have been victims of flood preparation fraud. She stated the Information Technology Department would post information on the City's website to assist the residents with the necessary steps in identifying licensed contractors. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental Kimberly Matej, Council Analyst, reminded the Council of the Shoreline Master Program workshop on Tuesday, October 27, 2009 and the Budget Workshop on November 5, 2009. Tukwila City Council Committee of the Whole Minutes October 26, 2009 ADJOURNMENT' 8:41 p.m. COUNCIL PRESIDENT HERNANDEZ DECLARED THE COMMITTEE OF THE WHOLE MEETING BE ADJOURNED TO CONVENE A SPECIAL MEETING. Joan °Hernandez, Council President Melissa Hart, Deputy City Clerk Page 5 of 5