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HomeMy WebLinkAbout2013-09-23 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers September 23, 2013 — 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Hougardy called the Tukwila City Council meeting to order at 7:05 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Kathy Hougardy, Council President, Councilmembers Joe Duffle, Dennis Robertson, Allan Ekberg, Verna Seal, De'Sean Quinn, Kate Kruller. CITY OFFICIALS Jim Haggerton, Mayor; Rachel Turpin, Assistant City Attorney; Bob Giberson, Public Works Director; Mary Miotke, Information Technology Director; Peggy McCarthy, Finance Director; Vicky Carlsen, Deputy Finance Director; Nora Gierloff, Community Development Deputy Director; Laurel Humphrey, Council Analyst; Melissa Hart, Deputy City Clerk. SPECIAL PRESENTATION a. A proclamation declaring September 28, 2013, as the "Mayor's Day of Concern for the Hungry." Mayor Haggerton read a proclamation recognizing September 28, 2013 as the "Mayor's Day of Concern for the Hungry" and encouraged all citizens to support the Emergency Feeding Program and our local food banks. Joe Tice, Director of the Tukwila Food Pantry, accepted the proclamation and thanked the Mayor and Council for their support toward this essential community service. In 2012, they served 4,100 individuals, which represents 1 in 5 Tukwila residents. The Council thanked Mr. Tice for his work with the Tukwila Pantry, and his service to the community. Councilmember Kruller reminded the Council and audience of the fundraiser benefiting the Tukwila Pantry Food Bank on October 4, 2013 to be held at the SeaTac Community Center from 5:30 p.m. - 8:30 p.m. Additional information can be found at www.TukwilaPantry.org. CITIZEN COMMENTS There were no citizen comments. PUBLIC HEARING a. An ordinance amending the Sign Code. The draft ordinance will increase the allowable area for wall signs in the Manufacturing Industrial Center /Heavy (MIC /H) Zone from the current limit of 150 square feet to 1,500 square feet. Additionally, businesses in the MIC /H Zone will have flexibility regarding the placement of wall signs in relation to the building entrance. 7:13 p.m. Council President Hougardy opened the Public Hearing. Tukwila City Council Committee of the Whole Minutes September 23, 2013 Page 2 of 6 Nora Gierloff, Community Development Deputy Director, explained the draft ordinance addresses two minor amendments relating to the City's Sign Code. The proposed amendments relate to the Manufacturing Industrial Center/ Heavy Industrial zone (MIC /H). The MIC /H zone is Tukwila's heaviest industrial zone and generally located at the northern end of the City. Many businesses within the MIC /H zone are large facilities such as warehouses and airplane hangars. The current Sign Code does not address sign issues associated with these types of large facilities. Wall signs within the City are based on a sliding scale based on the amount of wall surface where the sign will be placed. The current sliding scale utilized by the City addresses wall space up to 5,000 square feet. A building that has wall space of 50,000 square feet is only allowed a sign that is no more than 150 square feet in size, rather than a proportional sign that is based on the actual wall size of a particular building. Additionally, an amendment is proposed relating to the placement of signs, which the current code stipulates must be in conjunction with an entrance to the facility. Most of the buildings within the MIC /H zone do not have public entrances that are similar to a commercial business. Council President Hougardy called for public comments. There were no public hearing comments. 7:16 p.m. Council President Hougardy closed the Public Hearing. SPECIAL ISSUES a. An ordinance amending the Sign Code. Councilmember Ekberg indicated this item was discussed at the Community Affairs and Parks Committee meetings on August 26, 2013 and September 23, 2013. The committee members were unanimous in recommending approval. The draft ordinance addresses the proposed changes to the Sign Code regarding flush- mounted wall signs in the MIC /H zone. Staff recommended, and the Committee supported, amending the Sign Code to permit businesses in the MIC /H zone to have larger wall signs and to modify the requirement regarding the need for a public entrance. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. A bond ordinance for Local Improvement District No. 33. Peggy McCarthy, Finance Director, explained the item for discussion is relating to the bond ordinance for Local Improvement District No. 33. Ms. McCarthy stated the City's Bond Counsel, Alice Ostdiek with Foster Pepper, and Lindsay Sovde, with Piper Jaffray, will provide the Council with information relating to the draft ordinance and the proposed bond sale. On November 16, 2009, the Council adopted Ordinance No. 2260 ordering improvements for the Southcenter area by establishing the formation of Local Improvement District (LID) No. 33, the Tukwila Urban Center Access (Klickitat) Project. The road improvement was substantially completed and re- opened in October 2011. The project was closed out on February 19, 2013. At the February 5, 2013 Finance & Safety Committee meeting, the timeline for the remaining steps for the LID were presented. Bonds can be delivered no earlier than 20 days after the conclusion of the prepayment period; however, the ordinance to sell the bonds may be approved by Council at any point once the maximum amount of the bonds is determined. The ordinance provides for the issuance, sale, and delivery of up to $9,475,893.89 aggregate principal amount of local improvement district bonds for the purpose of reimbursing the City for the costs it incurred to improve access to the Southcenter Area, including making a deposit to the guaranty fund and paying the costs of issuance of the bonds. The term of the bonds will be for 17 years. Tukwila City Council Committee of the Whole Minutes September 23, 2013 Page 3 of 6 The bonds will be repaid from assessments collected over 15 years from property owners in the LID area. Assessments will be collected prior to scheduled bond payments. If assessments are paid late and not enough funds have been collected to meet the scheduled debt service payment, funds from the guaranty fund will be used to make the required payment. The guaranty fund will be equal to not more than 10% of the issue price of the bonds, and the City is required to maintain this fund as long as any bonds remain outstanding. Alice Ostdiek, Foster Pepper, said the draft ordinance included in the agenda packet authorizes the bond sale for LID No. 33. The ordinance establishes the bond sale parameters. The bonds will be repaid from the property assessment to be collected by the City over a 15 -year term, and are not considered a debt of the City. The bond repayment period has been established as a 17 -year repayment period. The additional 2 -year repayment period is for the City in case of collection issues with any of the property owners. She clarified that the bonds could also be retired prior to the established payoff date. Additionally, the bond ordinance includes establishment of a Guaranty Fund for monies set aside for City use relating to the debt services payments on the bonds. Councilmember Robertson commented that the total amount of the bond sale is projected at $9,475,893.89. He inquired as to the costs associated with issuing the bonds, and who is responsible for those costs. Ms. Ostdiek explained the costs associated with issuing the bonds were included in the final assessment roll amount payable by the LID property owners. The assessment roll included the costs associated with construction of the project and all administrative costs. Councilmember Ekberg asked what will happen to the monies within the guaranty fund if all property owners repay their assessments. Ms. Ostdiek clarified that under state law, any remaining balance of the guaranty fund can be used towards other Local Improvement Districts (LIDs) within the City. If the City does not have any additional LIDs, the balance can be transferred to the General Fund. Lindsay Sovde, Piper Jaffray, said the cost for issuing the bonds is 1`)/0 of the par amount of the bond. The final issuance costs will not be known until the final par amount of the bond has been calculated. She distributed an historical interest rate table depicting the various rates, and reviewed it with the Council. She explained the federal government has indicated they will continue to purchase bonds, and with this news they are hopeful that interest rates will remain low. They anticipate pricing the bonds on October 23, 2013. Prior to the bond pricing, they will be finalizing the "issuing statement" to be sent to investors, and will have another conversation with Standard and Poor's relating to the City's current credit rating. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. Council policy on the use of electronic devices. Councilmember Robertson indicated this item was discussed at the Finance and Safety Committee meetings on July 2, 2013 and September 17, 2013. The committee members were unanimous in recommending approval. The Council is being asked to review and approve a draft policy on Councilmember use of electronic devices. At the August 12, 2013 Committee of the Whole meeting, this item was referred back to the Finance and Safety Committee for additional discussion. Councilmember Robertson explained one of the tasks assigned to the Finance and Safety Committee meeting was drafting a Councilmember Electronic Usage Policy. Committee members reviewed and discussed the draft policy to ensure it met the previously discussed goals of this subject. Tukwila City Council Committee of the Whole Minutes September 23, 2013 Page 4 of 6 Councilmember Kruller asked if the policy delineates a difference in how the devices are to be used for City business by Councilmembers from how the devices can or cannot be used for business of the Metropolitan Park District (MPD). Councilmember Robertson commented that the City charges an overhead fee to the MPD, and that fee would most likely include the electronic devices provided to Councilmembers /MPD Board Members. Rachel Turpin, Assistant City Attorney, concurred with the statement by Councilmember Robertson. Councilmember Kruller stated that she works for the State of Washington, and she is not able to conduct City business or other activities using the State systems /devices. She voiced her concern regarding shared email and feels the Board of Commissioners should have separate email addresses to be used when conducting MPD business. Councilmember Seal stated the MPD's attorney is currently reviewing a matter relating to public records, and she offered to contact him and request he research this issue also. Councilmember Robertson explained he had met with the Information Technology (IT) Director to discuss costs associated with the proposed policy and any legal concerns. After reviewing several options relating to separate services for the City and the MPD, it was determined changing the process would impact the costs for the MPD. Councilmember Quinn stated the Council/ MPD Board has been dealing with this issue for the past two years. The Committee tried to ensure the policy was broad enough to cover the Council/ MPD Board and liberal on the use, and specific on what is not considered a permitted use. He feels that MPD work can be conducted under the proposed policy. Ms. Turpin confirmed that the support services contract between the City and the MPD supports the dual role and any associated work that is required by the Council/ MPD Board. Councilmember Kruller urged more research into this issue. She voiced her concern about the policy and the effect it could have relating to public record requests. Ms. Turpin explained an electronic records search would include emails, and part of the current review process associated with public record requests would be to have staff review the records to determine responsiveness. Council President Hougardy said the topic being discussed is a policy relating to Councilmember use of electronic devices. She spoke in favor of forwarding the draft policy to the next Regular meeting for approval. Councilmember Robertson commented the biggest liability for cities relates to conducting record searches and locating the requested records. The Committee, along with input from the City Clerk's Office, City Attorney's Office and IT Department, strived to draft a policy that provides direction to the Council while ensuring the protection of records. Councilmember Quinn stated that the formation of the MPD was based on the fact that the City Council would act as the MPD Board of Commissioners. He said that a solution to the issues raised could be to have the same type of policy presented to the MPD Board for consideration. Councilmember Kruller said the draft policy under "Statement of Policy," Section 2.A.(1) (page 43 of the agenda packet) states: "Provisions:. to be used solely for authorized City business purposes ." She voiced her concern as to whether MPD business would be considered "City business" under the draft policy. Ms. Turpin clarified that part of the City's business is to provide the contractual services to the MPD. She feels Councilmembers can legally operate MPD business under the draft policy because the City and MPD have an established contractual relationship. Tukwila City Council Committee of the Whole Minutes September 23, 2013 Page 5 of 6 After Council discussion, there was consensus to have the Assistant City Attorney confer with the MPD Board Attorney relating to this matter. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. An ordinance adopting public defense standards. Councilmember Robertson indicated this item was discussed at the Finance and Safety Committee meeting on September 17, 2013. The committee members were unanimous in recommending approval. Per RCW 10.101.030 all cities that provide public defense services are required to establish public defense standards. The statute outlines a number of requirements for these standards. In addition, the statute states that the public defense standards endorsed by the Washington State Bar Association should serve as a guideline to local legislative authorities in adopting standards. The City has not yet adopted public defense standards. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Haggerton indicated the Public Works Director has information to share about the South 178th Street Re- Alignment Project. Bob Giberson, Public Works Director, explained Segale Properties has made significant progress on the South 178th Street project, and South 178th will be closed September 30 through October 30, 2013 for the final project completion. The 30 -day closure is weather dependent, where the future weather outlook includes dry periods to allow continued work on the project. They are using the Regional Information Public Network (RPIN) to get the word out about the road closure. Mayor Haggerton announced that September 30, 2013 is a 5th Monday this month and there will not be a Council Meeting. b. City Council Councilmember Duffie stated the City Council booth at the September 20, 2013 Taste of Tukwila (a Community Heritage and Cultural Celebration) event was a great success. Councilmember Robertson participated in the FEMA seminar relating to the impacts of Flood Plain Mapping on September 20, 2013, where the discussion centered on the Green River Valley. Councilmember Ekberg attended the September 20, 2013 Taste of Tukwila (a Community Heritage and Cultural Celebration) event. Councilmember Seal attended the September 20, 2013 Taste of Tukwila (a Community Heritage and Cultural Celebration) event. She referenced the article.in the most recent "Tukwila Reporter" highlighting Councilmember Quinn (regarding his appointment to the Washington State Commission on African American Affairs). Councilmember Quinn hosted the September 14, 2013 Council Coffee Chat. He attended the September 20, 2013 Taste of Tukwila (a Community Heritage and Cultural Celebration) event. He also attended the recent I CANN (Community Activity Nutrition Network) event hosted by the City of Renton. Tukwila City Council Committee of the Whole Minutes September 23, 2013 Page 6 of 6 Councilmember Kruller attended the September 3, 2013 King Conservation District Meeting, and later that evening she participated in the Egg Round Table meeting that was sponsored by the King County Regional Food Policy Council. On September 11, 2013 she attended the Sound Cities Association Public Issues Committee meeting, and the Historical Society Gala event on September 15, 2013. On September 20, 2013 she participated in the FEMA seminar relating to the impacts of Flood Plain Mapping. Council President Hougardy attended the Taste of Tukwila (a Community Heritage and Cultural Celebration) event and she thanked the Council Analyst for her work during the event. Additionally, she thanked Tracy Gallaway, Parks and Recreation Events Coordinator, for her work on this event and all other City events. c. Staff Mayor Haggerton announced the City Administrator Report has been included in the agenda packet, and he suggested the Council contact David Cline, City Administrator, with any questions relating to the report. d. City Attorney There was no report. e. Intergovernmental Laurel Humphrey, Council Analyst, thanked the Council for their participation in the Taste of Tukwila (a Community Heritage and Cultural Celebration) event. She reminded the Transportation Committee members to bring their copy of the proposed 2014 -2019 Capital Improvement Program (CIP) to the September 24, 2013 Committee meeting. ADJOURNMENT 8:25 p.m. COUNCIL PRESIDENT HOUGARDY DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED TO CONVENE A SPECIAL MEETING. LiYv t,s,5-,_ Melissa Hart, Deputy City Clerk APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 10/07/2013 AVAILABLE ON THE CITY'S WEBSITE 10/08/2013