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HomeMy WebLinkAbout2014-03-24 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers March 24, 2014 — 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Quinn called the Tukwila City Council meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were, De'Sean Quinn, Council President, Councilmembers Joe Duffie, Dennis Robertson, Allan Ekberg, Verna Seal, Kathy Hougardy, Kate Kruller. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Mike Villa, Police Chief; Rick Still, Parks and Recreation Director; Dave Johnson, Recreation Superintendent; Derek Speck, Economic Development Administrator; Brandon Miles, Senior Planner; Stephanie Brown, Human Resources Director; Don Tomaso, Fire Marshal; Mary Miotke, Information Technology Director; Laurel Humphrey, Council Analyst; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS Robert Schofield, 4212 Hunts Point Road, Hunts Point, stated that he owns six shopping centers along Southcenter Parkway. He explained that he recently received a call from Lamps Plus, a long -time tenant, who notified him of their intent to close the Tukwila store. Mr. Schofield reviewed the history of other retailers, and he feels retailers are moving toward online stores and that is having an effect on the local retail stores. He wanted to let the City know about these potential issues. As a business owner in Tukwila, he feels there is a partnership with the City and the City depends on the retail sales. Councilmember Duffie asked for clarification on why the store gave notice of closure. Mr. Schofield said the closure is due to the increase in the operating costs for the store. Vanessa Zapitul, 15171 52nd Avenue South, said she is speaking on behalf of Sustain Tukwila Pool (STP) and would like to discuss the conflict of interest relating to the City Council sitting as the Board of Commissioners for the Tukwila Pool Metropolitan Park District (TPMPD). Ms. Zapitul reviewed the history of the change of governance issue that was first raised in August 2012. After observing the offices for the past 2 -1/2 years, STP feels the two offices (TPMPD Commissioners and City Council) are incompatible due to the TPMPD contracting with the City for governance and pool operations. She referenced Attorney General Opinion AGO 5960, number 139, and read part of the opinion to include: "should a County Commissioner be also a member of the Highway Commission he would find himself in the position of negotiating contracts with himself. In our opinion such offices are incompatible; a man may not deal at arms - length with himself. It is not the probability of conflict of interest that makes the offices incompatible, a possibility is sufficient." A change of governance would unburden the Council of the . conflict of interest. She stated election deadlines are looming. The citizen group rallied to save the pool, and they can do it again. Daniel Aragon, 4610 South 124th Street, explained he is speaking to the Council this evening due to recent issues he has experienced with staff from Code Enforcement. He said a Code Enforcement Officer has been issuing several violations for his property, and he feels he is being singled out. He worked through some of the violations, and with the recent weather was unable to move forward with completing all the corrections. He tried unsuccessfully to contact the Code Enforcement Officer to discuss the issue. Mr. Aragon displayed pictures of the subject areas for the Council. He feels there are other issues within the neighborhood that should be addressed, and some of his neighbors are surprised Tukwila City Council Committee of the Whole Minutes March 24, 2014 Page 2 of 7 by the violations he has received. He wanted to let the Council know of the issues he has been experiencing. Mayor Haggerton commented that speaking about his issues at a Council meeting is the appropriate place for his concerns to be heard. Pam Carter, 4115 South 139th Street, is co -chair of the Tukwila International Boulevard Action Committee (TIBAC). Ms. Carter explained at a recent TIBAC meeting the committee discussed Code enforcement issues within the City, and she read from a letter to be distributed to the Council. TIBAC has raised concerns about the limited staff available to investigate issues, and they would like the Council to consider supporting their efforts by hiring additional Code Enforcement staff. Sharon Mann, 4452 South 160th Street, explained that at several of the community meetings this past year, besides public safety, one common theme heard was "Community Image." This included code enforcement. In the recent budget forum, there was discussion regarding the one staff member working on code enforcement issues. She asked if the City needs additional ordinances detailing code violations, additional staff to address the code violations, or a better system. Ms. Mann encouraged the Council to review code enforcement issues and the need for additional staffing in that area. Ms. Carter stated TIBAC has been reviewing and providing comments on the proposed Comprehensive Plan updates. Council President Quinn commented that the City of SeaTac has increased emphasis on code enforcement along International Boulevard. Ms. Mann explained the City of SeaTac has created an office space and dedicated one staff member to work on Code Enforcement issues along International Boulevard, the transit corridor and Military Road. Brooke Alford, 4724 South 122nd Street, voiced support for the two Parks and Recreation projects on the agenda this evening. She had hoped the Council would schedule a discussion on BNSF. She explained the Council had previously authorized a livability study, and there were discussions that this item would move forward. It is her understanding that BNSF will be moving forward with an expansion of the Tukwila intermodal yard, and she feels the community should be prepared for that expansion. The group of concerned citizens is requesting a meeting with City staff working on this issue, City Administration and the Council sub - committee so everyone hears the information at the same time. She asked for follow -up on the status of the previously approved livability study, how the State Environmental Policy Act (SEPA) review will determine livability and when it will be complete, and would like to discuss meaningful mitigation and to re -open the lines of communication on this issue. Work is being done at the BNSF intermodal yard and the residents do not have any say in these issues. Council President Quinn stated he would like to have a discussion with City Administration about scheduling a meeting to discuss the BNSF issues raised by Ms. Alford. Councilmember Kruller explained that since the conversations in August 2013, Councilmembers have been visiting the area to listen, observe and talk to the residents about the issues associated with BNSF. She feels there should be a conversation soon about these issues; the residents live with the issues on a daily basis. If there are going to be changes to the BNSF intermodal yard, she feels the City should embrace them and identify the changes so there is a better understanding about what will be happening in the neighborhood. SPECIAL ISSUES a. An Interlocal Agreement with the cities of SeaTac and Des Moines relating to the creation of the Tourism Promotion Area. Councilmember Seal indicated this item was discussed at the Finance and Safety Committee meeting on March 18, 2014. The committee members were unanimous in recommending approval. On April 1, 2013, the City Council adopted a motion in support of forming a Tourism Promotion Area (TPA) with the City of SeaTac (and any other cities). A TPA is a geographic region in which a legislative Tukwila City Council Committee of the Whole Minutes March 24, 2014 Page 3 of 7 authority (such as a county or city) charges a per room night fee on the furnishing of lodging by either a hotel or motel. The fee may be up to $2 per room night and may be charged to lodging businesses with forty or more lodging units. The fee is collected by the Washington State Department of Revenue and then transmitted to the legislative authority or the legislative authority's designee. Brandon Miles, Senior Planner, reviewed the following preliminary terms of the draft Interlocal Agreement to include the following: 1. Transferal of Legislative Authority. The City will transfer its legislative authority to the SeaTac City Council for purposes of forming a TPA. The SeaTac City Council will have oversight of the TPA and the use of the funds. The Tukwila City Council's involvement in the formation of the TPA will end once the Interlocal Agreement (ILA) is executed. 2. Public Development Authority (PDA). SeaTac is responsible for forming a Public Development Authority (PDA). The SeaTac City Council, operating as the legislative authority for the TPA, will enter into a contract with the PDA to administer the day to day use of the TPA funds. The funds must be used for tourism promotion. The City of Tukwila will have no responsibility in the administration or oversight of the PDA. 3. Lodging Tax. The draft ILA specifies that the City intends to provide lodging tax funds to the PDA on an annual basis. While the ILA specifies that the City intends to provide some lodging tax to the PDA, the ILA does not create a contractual obligation for the City to do so. The PDA, like any organization desiring to use lodging tax funds, will have to make an annual application to the City's Lodging Tax Advisory Committee (LTAC) for use of lodging tax funds. The LTAC will consider the application and make a formal recommendation to the City Council on the application. The City Council retains full control of the annual allotment of lodging tax funds, subject to the limitations under state law. During the ILA negotiation process the City heard from several hoteliers who expressed concern that Seattle Southside Visitor Services (SSVS) might cease operations while the PDA is becoming operational. Both the Cities of SeaTac and Tukwila are committed to operating SSVS until the PDA is able to assume full operations. The City of Tukwila, as the administrator of SSVS, has incurred liabilities and expenses associated with the operation of SSVS. These costs include, but are not limited to, labor, rent, and utilities. Until the PDA is able to assume full operations, the City will also have costs associated with the operation of SSVS. Under the terms of the ILA, the City of Tukwila is permitted to reduce the annual contributions to the PDA in order to pay for expenses incurred for the operation of SSVS. 4. Duration and Termination of the Agreement. The ILA's initial term is 20 years from the effective date of the agreement. During the 20 year period a city may withdraw from the agreement once the agreement has been in effect for at least four years. A city withdrawing from the ILA must provide at least one year's notice. 5. Records of the PDA. The ILA provides that any city can inspect the records of the PDA. 6. Transfer of SSVS Assets. The ILA specifies that the City of Tukwila will transfer existing assets and intellectual property to the PDA at no costs. This will require staff to return to Council when it is time to transfer the assets. 7. Hold Harmless and Legal Liability. The ILA creates little to no liability for the City of Tukwila with regards to administration of the TPA and the TPA funds. The City of SeaTac will be fully responsible for the operation of the TPA and will be responsible for the creation and operation of the PDA. Mr. Miles stated the City held an open house on August 20, 2013 on the formation of the TPA for area hoteliers. The hoteliers have voiced their support for the proposed TPA, and SeaTac City Council has considered this item and the ILA is on their April agenda for approval. Tukwila City Council Committee of the Whole Minutes March 24, 2014 Page 4 of 7 The Councilmembers exchanged comments and asked clarifying questions to include: What will happen to the current SSVS staff; What is the value of the assets to be transferred to the TPA; What type of feedback has been received from the hoteliers; Where will the records for the TPA/PDA be located. Mr. Miles explained after approval of the ILA, SeaTac will establish the PDA and begin the process of hiring employees. There is no set timeline for establishing the PDA, and SSVS employees are able to apply for a position with the PDA. The current assets to be transferred to the PDA include the SSVS vehicle, which has been fully depreciated, and computers and technology equipment with minimal value. No actual dollars will be transferred to the PDA. The feedback staff has received from the hoteliers has been positive, and the hoteliers were notified of the agenda topic for each meeting. At this time, it is unclear where the offices of the PDA will be located. Mike Schabbing, 400 Andover Park West, thanked the City for considering the proposed ILA with SeaTac and supporting the TPA. The hoteliers are very supportive of this item and City staff from SeaTac and Tukwila have been working very hard on this item. Lodging stays are increasing and he feels now is a prime time to capture those costs. Jeff Robinson, 4800 South 188th Street, thanked the Council for the opportunity to speak on this item. He commended City Administrator David Cline, Derek Speck and Brandon Miles for their work and professionalism on this process. He feels the proposed TPA will help grow the lodging revenue and taxes for the area. Since the State of Washington has moved away from providing funding for promoting tourism, the TPA will greatly help with this issue. Councilmember Robertson commented that both parties have created solutions to the questions raised when this topic was first discussed in 2013. Council President Quinn commended City staff and others for their work on this item. Councilmember Hougardy voiced her appreciation for the work done by the dedicated business members on this item that will benefit the tourists and the area. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE CONSENT AGENDA OF THE NEXT REGULAR MEETING. b. Discussion on Fire Code ordinances: Councilmember Seal indicated the 3 ordinances were discussed at the Finance and Safety Committee meeting on March 18, 2014. The committee members were unanimous in recommending approval. (1) An ordinance adopting the 2012 Edition of the International Fire Code. Don Tomaso, Fire Marshal, explained staff has made minor modifications to the adopting ordinances to correct chapter and or section changes that occurred within the 2012 fire code. Additionally, language was added to ensure the City has adequate emergency service response capability concerning automated entry gates and traffic calming devices. The Planning Department also provided updated zoning classifications for above ground storage tanks. Operational Permits: Staff would like to adopt a fire department operational permit fee for temporary or short-term events. These would typically be vendors from one to three consecutive days and would apply to open flame and liquid propane that are required for cooking operations. The fee proposed is $25.00 for these short-term events and aligns with the City's Strategic Plan on customer service. This proposed fee will not fully cover staff time conducting inspections individually. However, inspections of multiple vendors requiring permits for the same event should recover staff cost. The Parks Department is supportive of the decrease in the short-term permit fee, as it would aid in attracting additional vendors to City sponsored events. The Council exchanged comments and asked clarifying questions of staff on the draft ordinance. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Tukwila City Council Committee of the Whole Minutes March 24, 2014 Page 5 of 7 (2) An ordinance updating regulations regarding fire protection systems in new and existing buildings within the City. Fire Sprinkler: The fire sprinkler ordinance, which was adopted in 2010, was updated based on conversations with the City Attorney, resulting in language changes related to the 500 - square -foot sprinkler threshold and residential fire sprinklers. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. (3) An ordinance updating regulations regarding automatic fire alarm systems in new and existing buildings within the City. Fire Alarm: The fire alarm ordinance was updated to correct language based on conversations with the City Attorney, regarding the proposed 500 - square -foot change in the fire sprinkler ordinance. Staff added some clarifying language to aid designers and contractors with interpretations and installation guidelines. One addition staff is making is the requirement for attic heat detection. If the attic heat detection activates due to excessive heat buildup during hot weather, the owner shall be required to have additional attic ventilation installed to correct the heat buildup condition in accordance with the International Building Code requirements. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. A resolution accepting a property donation along the Green River Trail near South 116th Street and 35th Lane South. Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on March 11, 2014. The committee members were unanimous in recommending approval. Rick Still, Parks and Recreation Director, explained the City was approached by a family wishing to donate a parcel of land approximately 39,700 square feet (0.91 acres). The land is currently open space and serves as a buffer between the Green River Trail and Interurban Avenue South. The location of the land is adjacent to the Green River Trail and has potential to become a resting area for trail users and /or a mini park in the future. The recently adopted Parks, Recreation and Open Space Plan points out two recommendations that could be aligned with this type of donation. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE CONSENT AGENDA OF THE NEXT REGULAR MEETING. d. A consultant agreement with SvR Design Company for the Duwamish Hill Preserve Phase II Project. Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on March 11, 2014. The committee members were unanimous in recommending approval. Dave Johnson, Recreation Superintendent, explained that Phase I development at the Duwamish Hill Preserve was complete in 2010. The west parcel was purchased in 2012 along with the small riverbank donation. Funding in the amount of $500,000 has been secured through the Washington State Historical Society's Heritage Capital Projects Grant for the design and partial construction of Phase II. Requests for Proposals (RFPs) were distributed to selected firms from the Municipal Research and Services Center consultant roster. A review committee comprised of representation from Parks and Recreation, Community Development, Park Commission, and partners reviewed the proposals and conducted panel interviews. As a result of this, SvR Design Company was rated with the highest score and selected as the most qualified consultant. The Council is being asked to authorize the Mayor to sign the Consultant Agreement with SvR Design in the amount of $319,000.00. The Councilmembers exchanged comments and asked clarifying questions of staff regarding this topic. Tukwila City Council Committee of the Whole Minutes March 24, 2014 Page 6 of 7 COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE CONSENT AGENDA OF THE NEXT REGULAR MEETING. e. Discussion on a Collective Bargaining Labor Agreement with the International Association of Firefighters (IAFF) Local #2088. Stephanie Brown, Human Resources Director, explained the City negotiations team and the Executive Board of the Tukwila Firefighters Union, IAFF Local No. 2088, opened labor negotiations on September 9, 2013, in an effort to reach an agreement on a successor labor contract. A tentative agreement was reached between the parties on February 14, 2014, which resulted in a three year contract (2014- 2016). In alignment with Council initiatives and budget considerations in future years, the City and Union negotiated the successor agreement based upon mutual interest. Some of the changes negotiated were in the areas of: updating of the non - discrimination clause to reflect current state and Federal law, clothing allowance administration, incorporation of the drug and alcohol testing processes and procedures, vacation cash out and additional language regarding light duty assignments. The contract provides for a wage increase of 2.25% for 2014; 2.0% for 2015; and 2.0% for 2016. Overall, the negotiation process was a good, collaborative effort by both parties, which resulted in a successful agreement. Councilmember Kruller asked clarifying questions on the above mentioned changes. Ms. Brown stated the updates and changes incorporated items that previously were separate attachments to the agreement. The agreement before the Council incorporated those items directly into the agreement, rather than having a separate attachment for each item. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE SPECIAL MEETING THIS EVENING. REPORTS a. Mayor Mayor Haggerton attended the Sound Cities Association (SCA) Board of Directors Meeting and Networking Dinner on March 19, 2014. King County Executive Dow Constantine was the speaker at the SCA Networking Dinner. During that meeting, it was stated that in the past he made a point to connect with all King County cities. In 2014, Mr. Constantine will focus outreach efforts to the school districts within King County. On March 20, 2014 the Mayor attended the Joint City Council / Executive Staff Meeting and on March 21, 2014 he attended the social gathering acknowledging Kimberly Matej, Government Relations Manager, who has accepted a position with the Association of Washington Cities (AWC). On March.22, 2013 he attended the Cascade Water Alliance Board Retreat and participated in a telephone conference with the AWC Federal Committee on March 24, 2014. A topic of conversation during this conference included railroad issues for cities. b. City Council Councilmember Duffie attended the Joint City Council / Executive Staff Meeting on March 20, 2014. He offered sympathy to the families affected by the recent mudslide in Oso, Washington. Councilmember Kruller attended the SCA Networking Dinner on March 19, 2014 and the Joint City Council / Executive Staff Meeting on March 20, 2014. On March 22, 2014 she attended the Sustain Tukwila Pool (STP) meeting. She commented that the Church by the Side of the Road has provided information that they will be working on hosting an event for National Night Out Against Crime. Additionally, she received information from some members within her community about how to contact City Hall. Ms. Kruller provided the City's main number, 206 - 433 -1800, as a reminder for those in attendance and watching and /or listening for future reference. She reviewed several upcoming events she plans on attending and reminded everyone of the Strike -Out Against Hunger Event to be held on March 29, 2014 at ACME Bowl. She offered prayers to the families in Oso, Washington and the surrounding areas. Tukwila City Council Committee of the Whole Minutes March 24, 2014 Page 7 of 7 c. Staff David Cline, City Administrator, commented on the tragic events associated with the recent landslide in Oso, Washington. He explained that the City has been contacted to provide staff support for the disaster response. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental Laurel Humphrey, Council Analyst, reminded the Council of the upcoming Council Work Session to be held on April 3, 2014 beginning at 5:30 p.m. in the Rainier Conference Room (formerly known as #2). The topic of discussion will be the Southcenter Subarea Plan, implementing Zoning Code regulations and the Southcenter Design Manual. MISCELLANEOUS Councilmember Duffie thanked City staff for the installation of the missing plaques on four monuments located in City parks. Additionally, he reviewed some of the topics for the March 25, 2014 Community Affairs and Parks Committee meeting. Council President Quinn stated he has been in discussions with SeaTac Councilmembers relating to collaborative work for issues along Tukwila International Boulevard. He asked if there was Council consensus to have this topic on a future Council Committee agenda. There was Council consensus to have this topic discussed at a future Community Affairs and Parks Committee meeting. Councilmember Kruller reminded the Council of the desire for the SeaTac and Tukwila City Council's to work together in small groups on issues affecting both communities. Council President Quinn requested that Laurel Humphrey, Council Analyst, coordinate this effort. ADJOURNMENT 8:47 p.m. COUNCIL PRESIDENT QUINN DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED TO CONVENE A SPECIAL MEETING. � n inn, Council President Melissa Hart, Deputy City Clerk APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 04/07/2014 AVAILABLE ON THE CITY'S WEBSITE 04/08/2014