HomeMy WebLinkAbout2014-05-19 Regular MinutesTukwila City Council
City Hall Council Chambers
MINUTES
Regular Meeting
May 19, 2014 — 7:00 P.M.
REGULAR MEETING
CALL TO ORDER/PLEDGE OF ALLEGIANCE /ROLL CALL
Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:01 p.m. and led the
audience in the Pledge of Allegiance.
ROLL CALL
Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie,
Dennis Robertson, De'Sean Quinn, Allan Ekberg, Kathy Hougardy, and Kate Kruller.
MOVED BY DUFFIE, SECONDED BY ROBERTSON TO EXCUSE COUNCILMEMBER SEAL FROM
THE MEETING. MOTION CARRIED 6 -0.
CITY OFFICIALS
Jim Haggerton, Mayor; David Cline, City Administrator; Rachel Turpin, Assistant City Attorney;
Bob Giberson, Public Works Director; Jack Pace, Community Development Director; Rick Still, Parks and
Recreation Director; Bruce Linton, Assistant Police Chief; Chris Flores, Acting Fire Chief; Marty Grisham,
Emergency Manager; Joyce Trantina, Mayor's Office Project Analyst; Mary Miotke, IT Director; Laurel
Humphrey, Council Analyst; Christy O'Flaherty, City Clerk.
SPECIAL PRESENTATIONS
a. Recognition of "Tukwila, City of Opportunity" scholarship recipients Tulasa Ghimirey and Lea
Buenavista. Joyce Trantina, Mayor's Office
Joyce Trantina, Mayor's Office, announced that the scholarship recipients were unavoidably unable to
attend this evening and will be invited to the June 2, 2014 Regular Meeting.
b. 2013 employee awards. Joyce Trantina, Mayor's Office
Mayor Haggerton announced the 2013 City of Tukwila employee of the year award recipients.
City Hall Evie Boykan and Stacy Hansen
Municipal Court Amy Shaffer
Community Development Brenda Holt, Jennifer Marshall, Bill Rambo, Teri Svedahl
Finance Laurie Anderson, Cindy Wilkins, Craig Zellerhoff
Fire Patrick Smith
Parks and Recreation Amy Kindel!
Police Brendan Kerin
Public Works Gail Labanara
Information Technology Guy Bollinger
Mayor Haggerton presented the 4 City -wide awards to the following staff members:
Excellence in Action Award
Brenda Holt, Department of Community Development
Brenda has been instrumental in developing and implementing
the Trakit Permitting system. Her tenacity, dedication and
attention to every detail have been the success elements of this
important project and epitomize Excellence in Action.
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May 19, 2014 Page 2 of 8
Outstanding Customer Service
Outstanding Community Service
Mayor's Award
Carolyn Simons, Public Works
Carolyn exemplifies true customer service with a can -do
approach that is consistent, innovative and friendly. Her
contributions are critical in the workplace, and she is resourceful
and creative in seeking efficient, cost cutting solutions.
Zachary Anderson, Police Department
As the Police Department Recruiting Officer, Zack has gone
above and beyond in serving the community by developing a
process to attract and encourage officers from the entire country
to apply at Tukwila. There are high quality lateral applicants
waiting to be a part of our police force, making Tukwila extremely
competitive in attracting the finest officers in the country.
Doug Johnson, Police Department
Sergeant Johnson's professional skills and knowledge led to a
positive outcome in a year -long investigation where three crime
infested motels were seized and the owners convicted of
promoting and profiting from criminal activity. This effort was
unprecedented in its magnitude and positive impact on the
Tukwila community.
The award winners were congratulated by the Mayor, City Councilmembers and the audience.
c. Tukwila School District Strategic Plan. Dr. Nancy Coogan, Tukwila School District
Superintendent
Dr. Coogan expressed appreciation at the opportunity to share the School District's Strategic Plan with
the City Council. She provided an overview utilizing a Powerpoint presentation as follows:
What Are We Setting Out to Do:
Develop the strategic plan for Tukwila School District in a way that:
❑ Clarifies the goal for student learning and achievement;
❑ Outlines the roadmap for accomplishing the goal;
❑ Embraces the diverse "voices" of internal and external stakeholders;
❑ Mobilizes leadership for courageous action at all levels.
Why plan?
• Without a plan, there is no focus or clear direction. A results- focused plan is the first step toward
making the future you envision become a reality.
• A primary aim of planning is unity of purpose or alignment. Regardless of the level of planning,
long range strategic planning, continuous school improvement planning or operational planning,
the intent is the same: getting people, processes, and programs on the same page, going in the
same direction.
Embracing diverse voices and perspectives:
Core Planning Team included students, parents, teachers, leaders and staff, community members
and partners, managers and staff, board and central administration staff. Their mission involved:
1. Primary responsibility for developing strategic plan
2. Internal stakeholders only or mix of internal and external stakeholders
3. Beginning to end time commitment, including several full day sessions
4. Facilitate "reality check" sessions with stakeholders
5. Approximately 50 participants
Tukwila City Council Regular Meeting Minutes
May 19, 2014 Page 3 of 8
Vital Signs of Student Progress:
• Continuous Signs of Academic Growth
• Academic Tenacity
• Socio- Emotional Resiliency
Four Pillars of Tukwila's Instructional Focus (from Community -wide planning team and
Instructional Focus Team)
PILLAR #1:
PILLAR #2:
PILLAR #3:
PILLAR #4:
Equitable Access to Standards -Based Instruction
Caring and Effective Teachers, Leaders and Staff
Safe Climate and Strong Partnerships with Families and Community
Data - Driven Continuous Improvement
Dr. Coogan relayed that the Strategic Plan will be brought to the School Board in June, and she is
pleased at the positive partnership with the City of Tukwila.
The Councilmembers spoke highly of the presentation and the accomplishments and achievements being
made in the district. They expressed appreciation to Dr. Coogan for sharing the Strategic Plan with the
Council.
d. Tukwila's response to the Oso mudslide event. Marty Grisham, Emergency Manager, City of
Tukwila
Marty Grisham, Emergency Manager, utilized a Powerpoint presentation to provide images of Tukwila's
response to the March 22, 2014 Oso (SR 530) mudslide event in Snohomish County.
Mr. Grisham expressed appreciation to the Mayor, Council and City leadership for allowing and facilitating
the response to help the Oso community during this tragic period. He also gave recognition to those in
the Fire Department who provided valuable support services to include Assistant Chief Mike Soss, Diann
Martinez and members of the IT and Finance Departments. The following members of the Tukwila Fire
Department were onsite to help the community in Oso.
Firefighter Matt Hickey
Captain Mark Morales
Captain Rich Rees
Captain Jason Konieczka
Firefighter Merle Brooks
Firefighter Aaron Johnson
Captain Chuck Mael
Captain Ken Beckman
Firefighter Patrick O'Brien
Firefighter Andy Nevens
Firefighter Matt Czuleger
Firefighter Matt Houchens
Captain Mike McCoy
CERT Trainer Raejean Kreel
The Tukwila Fire Department became known as a positive force during this event. Captain Rich Rees
had a key role in the Planning Section. Firefighter Matt Hickey has become nationally known as a leader
and expert in communications. He had the knowledge, skills and experience to pull the various layers
together and became instrumental in the overall success of the endeavor. Six members from Tukwila's
Rescue Team were deployed and became known as the Water Diversion Team. Their work was critical
to the entire operation due to mastery of skills in swift water rescue and technical rescue operations.
Mr. Grisham credited the community members in Oso for their resourcefulness and innovation in finding
solutions during this arduous and emotional process. He spoke of the respect and reverence associated
with the recovery of those missing, with the sounding of a horn and silence among all of those working at
Tukwila City Council Regular Meeting Minutes
May 19, 2014 Page 4 of 8
the site. He displayed an image of one tree left standing at the site that was delimbed by the local
loggers to be used as a flagpole. The original flag flying on the pole was so small, it was difficult to see in
the distance. The Tukwila Fire Department Honor Guard donated their Garrison Flag to be flown from the
"last tree standing," where it remains today.
The Councilmembers and Mayor expressed the greatest pride in the members of the Tukwila Fire
Department who rose both personally and professionally to give their very best to aid in this devastating
tragedy.
PROCLAMATIONS
a. A proclamation declaring May 18 -24, 2014, as "National Emergency Medical Services (EMS)
Week."
Mayor Haggerton read a proclamation declaring May 18 -24, 2014 as National Emergency Medical
Services (EMS) week, encouraging all citizens to observe this week with appropriate programs,
ceremonies and activities.
b. A proclamation declaring May 18 -24, 2014, as "National Public Works Week."
Mayor Haggerton read a proclamation declaring May 18 -24, 2014 as National Public Works week, inviting
all citizens to acquaint themselves with the challenges confronted by staff in the provision of Public Works
services.
CITIZEN COMMENTS
Mark Larson, 4022 South 160th Street, said he grew up in Tukwila and his father still lives in the City. He
expressed appreciation for the scholarship program and spoke highly of the excellent emergency
responders in the City. He has concerns regarding a lack of signage at the intersection of 1 -405 and
Southcenter Blvd. He was of the impression there would be additional signage added during previous
improvement projects. Since that has not occurred, he would like to see this matter reviewed.
Mayor Haggerton asked Mr. Larson to provide his contact information to Bob Giberson, Public Works
Director, who was in attendance in the audience for follow -up on this issue.
CONSENT AGENDA
a. Approval of Minutes: 5/5/14 (RegularMtg.)
b. Approval of Vouchers: #366284 - 366414; #140400, 140501 - 140503 in the amount of $1,638,788.63
c. A resolution rejecting all bids submitted for the Commercial Business District Sanitary Sewer
Rehabilitation and 2013 Andover Park West to Andover Park East Sewer Repair Project.
(Reviewed and forwarded to Consent by Utilities Committee on 5/5/14.) RESOLUTION 1826
d. Accept as complete the Surface Water Lift Station No. 15 Project (contract #13 -142) with Gary Harper
Construction, Inc.; authorize release of retainage subject to the standard claim and lien release
procedures (final cost of project, including retainage: $336,394.10). (Reviewed and forwarded to
Consent by Utilities Committee on 5/5/14.)
e. Authorize the Mayor to sign an Interlocal Agreement with the City of Seattle for Hearing Examiner
services. (Reviewed and forwarded to Consent by Community Affairs and Parks Committee on
5/13/14.)
f. Authorize the Mayor to sign an Interlocal Agreement with King County regarding Community
Development Block Grant (CDBG) funds. (Reviewed and forwarded to Consent by Community Affairs
and Parks Committee on 5/13/14.)
MOVED BY DUFFIE, SECONDED BY KRULLER THAT THE CONSENT AGENDA BE APPROVED AS
SUBMITTED. MOTION CARRIED 6 -0.
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May 19, 2014 Page 5 of 8
UNFINISHED BUSINESS
An ordinance renewing a moratorium within the City of Tukwila on the establishment, location,
operation, licensing, maintenance or continuation of medical cannabis collective gardens or
dispensaries.
MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED ORDINANCE BE READ BY
TITLE ONLY. MOTION CARRIED 6 -0.
Christy O'Flaherty, City Clerk, read the proposed ordinance by title only.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
RENEWING A MORATORIUM WITHIN THE CITY OF TUKWILA ON THE ESTABLISHMENT,
LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL
CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED
OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011,
CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE
STATE OF WASHINGTON; REPEALING ORDINANCE NO. 2404; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS
READ. MOTION CARRIED 6 -0, TO ADOPT ORDINANCE NUMBER 2439.
NEW BUSINESS
Tukwila South:
1. Discussion on an ordinance relating to development agreements authorized pursuant to
Chapter 18.86 of the Tukwila Municipal Code; approving and authorizing the third amendment to
the Tukwila South Development Agreement (DA) with Segale Properties, LLC, a Washington
limited liability company.
David Cline, City Administrator, provided an overview of this item. Mr. Cline explained that this item is for
discussion only this evening, with a public hearing scheduled for the May 27, 2014 Committee of the
Whole and possible adoption at the June 2, 2014 Regular Meeting. Mr. Cline said the Tukwila South
Development Agreement was signed in 2009 and terminates in 2024. At that time there was uncertainty
about the type of development that would take place. While there has been no major development yet, in
the last 5 years Southcenter Parkway has been significantly improved, South 178th Street has been
vacated, and a new South 184th Street has been developed.
In the original agreement, safeguards were put in place by way of accounting protocols to track operation
and maintenance (O &M) associated with providing Fire, Police, Public Works and Park services to
Tukwila South, as well as to track revenue generated by the development. If the accounting protocols are
not developed or the DA amended to address this issue, the agreement will terminate. The deadline to
develop the protocols or amend the DA is June 16, 2014. The development of the accounting protocols
has proven problematic for various reasons, such as Tukwila's lack of a unique zip code.
After several months of negotiations, the parties have reached a tentative agreement regarding an
alternative to the accounting protocols. Under this proposal, Segale properties will pay the City $1.75
million in cash and they will prepay $3 million in impact fees. These payments will be paid on a set
schedule over a 15 -year period. This obligation will be secured by a deed of trust. This would
accomplish several things and give everyone certainty. It allows for money to come to the City on an
agreed upon schedule which would provide payments for bonds that will be issued to build the new fire
station in Tukwila South when it is warranted, and it frees up funds for O &M coverage should it be
needed.
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May 19, 2014
Page 6 of 8
Mayor Haggerton explained that in 2008 -2009, there were many tough discussions regarding expenses
and revenues associated with this project. The City went overboard in projecting for worst case -
scenarios, and there was a large gap between anticipated expenses and possible revenues and not many
facts to justify either spectrum. The Mayor would prefer that the DA not be re- opened and with more
information available to the City at this time, there is the ability to secure a solution that represents a more
realistic picture of our needs.
Council President Quinn asked the City Administrator and Assistant City Attorney if this amendment puts
the City in the best position, and both responded in the affirmative.
Councilmember Robertson referenced a suggested amendment to the DA third amendment that had
been distributed to the Council by the City Clerk at the beginning of the discussion on this item. He would
like to add a new Section 4 as follows:
4. Section 8 of the Development Agreement is hereby amended to read as follows:
8. Modifications to Agreement. This Agreement contains all terms, conditions, and provisions
agreed upon by the parties hereto, and shall not be modified except by written amendment executed
by both parties. Amendments to this Agreement that materially modify the intent and policy of the
Agreement must be approved by the City Council. Other amendments may be approved by the City
Mayor; provided, any such amendment must be provided to the City Councilmembers in writing at
least one (1) week prior to execution of the amendment by the Mayor.
Councilmember Robertson explained that he does not want to slow things down and that signing
amendments is a normal part of City business. However, there can be policy implications, and it would
benefit the Council to see the changes prior to execution. If a Councilmember has a concern, they then
have an opportunity to talk with the Mayor prior to the document being signed.
Councilmember Duffie asked the Assistant City Attorney for a weigh -in on the proposed amendment.
Rachel Turpin, Assistant City Attorney, said it was an acceptable addition to the agreement.
The Councilmembers asked questions and offered comments regarding this topic to include: Recognition
that things have changed and a re- assessment of issues is in order; The necessity of ensuring the best
decisions are being made for the public; A reluctance about opening up the entire Development
Agreement; A suggestion that the financials regarding the agreement be reviewed by a CPA.
Council consensus existed to incorporate the amendment suggested by Councilmember
Robertson and forward this item to the May 27, 2014 Committee of the Whole meeting.
2. Discussion on a fire facilities agreement with Segale Properties, LLC.
Councilmember Robertson provided a 3 -page document with suggested amendments to page 76 of the
agenda packet (page 2 of the fire facilities agreement). Also included was a payment schedule based on
his financial assumptions relating to revenues and fire impact fees.
Mr. Robertson indicated he found the language on page 76 to be confusing and that it did not include the
"net present value" or "time value" of money. From his viewpoint, the City will not be receiving $1.75
million in cash based on his calculations. He suggested additional language to number 4 on page 76 as
follows: "The refund shall not commence until the City has received the full mitigation payment. Once the
full mitigation payment has been received, the refund shall be paid by the City annually....."
David Cline, City Administrator, said the payment schedule can be confusing and provided financial data
that reflects the City would receive a total of $4.75 million at the end of the 15 -year payment period
(based on hypothetical information at this time).
Discussion ensued among the Councilmembers regarding interpretation of the financial data.
Mr. Cline explained that the net present and time value of money was considered during the negotiations
with the Segales. In the end this was the agreement that came about through the negotiations.
Tukwila City Council Regular Meeting Minutes
May 10, 2014 Page 7 of 8
Rachel Turpin, Assistant City Attorney, said the negotiations on this went back and forth many times, and
the City did work toward getting money up front and was able to get a higher amount contingent upon this
payment schedule. The Segales are hoping to fund this schedule with revenues from development and
agreed to $4.75 million instead of lower amounts. This was part of a lengthy negotiation and not
something that was overlooked.
Jami Balint, Attorney for the Segales, reiterated that the negotiations were lengthy and complicated and
that everyone lost some skin in this game. City administration had asked that the refund be delayed until
$1.75 million had been collected; the Segales could not take on that risk and guarantee payment to the
City for a new fire station to be built sooner than later. The risk is that they do not know when they will get
a refund. The Segales guaranteed $4.75 million over 15 years to get a new fire station built. They cannot
agree to make that $4.75 million guarantee if during the first 5 years of making those payments, they
have no opportunity for a refund. They are unable to take on that degree of risk.
The Councilmembers asked questions and discussed this issue, with a desire that the project move
forward and an understanding that negotiations should occur between City administration and the
developer.
Councilmember Robertson reiterated that the current agreement and Info Memo indicates the City will get
$1.75 million in cash. It is incumbent upon City administration to get the best deal they can and present it
accurately to the Council for consideration.
Councilmember Kruller inquired if Councilmembers can discuss this with the public and the Segales, and
Ms. Turpin responded in the affirmative.
Council consensus existed to forward this item to the May 27, 2014 Committee of the Whole
meeting.
REPORTS
Due to the lateness of the hour and the upcoming Executive Session, consensus existed to dispense with
reports.
ANNOUNCEMENT
Mayor Haggerton announced that the Council will now go into Executive Session to discuss:
Potential Property Sale — Pursuant to RCW 42.30.110(1)(c)
It will last no more than 30 Minutes, and no decisions will be made during the Executive Session.
The meeting will be reconvened after the Executive Session is concluded with no action to be taken by
the Council, and the Regular Meeting will be adjourned.
10:01 p.m. The Mayor declared a recess to allow the audience and staff members to leave the Council
Chambers.
EXECUTIVE SESSION
Potential Property Sale — Pursuant to RCW 42.30.110(1)(c) — 30 minutes
Start: 10:11 p.m.
Attendees: Jim Haggerton, Mayor; David Cline, City Administrator; Rachel Turpin, Assistant City
Attorney; Derek Speck, Economic Development Administrator; and Tukwila City Councilmembers Joe
Duffie, Dennis Robertson, Allan Ekberg, Kathy Hougardy, De'Sean Quinn, Kate Kruller.
Councilmember Seal was not present.
End: 10:33 p.m.
Tukwila City Council Regular Meeting Minutes
May 19, 2014 Page 8 of 8
ADJOURNMENT
10:33 p.m. Mayor Haggerton reconvened to adjourn the Regular Meeting.
10:33 p.m. MOVED BY DUFFIE, SECONDED BY KRULLER THAT THE TUKWILA CITY COUNCIL
MEETING BE ADJOURNED. MOTION CARRIED 6 -0.
Christy O'Flaheretity Clerk
APPROVED BY THE CITY COUNCIL: 6/2/14
AVAILABLE ON CITY WEBSITE: 6/3/14