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HomeMy WebLinkAbout2014-07-28 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers July 28, 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 7:02 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were De'Sean Quinn, Council President, Councilmembers Dennis Robertson, Verna Seal, Kathy Hougardy, Kate Kruller. Councilmembers Duffie and Ekberg were not present. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Mike Villa, Police Chief; Chris Flores, Acting Fire Chief; Peggy McCarthy, Finance Director; Vicky Carlsen, Deputy Finance Director; Derek Speck, Economic Development Administrator; Rick Still, Parks and Recreation Director; Joyce Trantina, Project Analyst; Gail Labanara, Public Works Analyst; Mary Miotke, Information Technology Director; Melissa Hart, Deputy City Clerk. SPECIAL PRESENTATIONS a. Budget and Capital Improvement Program (CIP) update for 2015 -2016. Peggy McCarthy, Finance Director, stated the purpose of the presentation is to provide a high -level review on the budget process to date. She clarified that the CIP will be discussed at the September 2, 2014 Council Meeting, along with the first review of the budget. Ms. McCarthy utilized a PowerPoint presentation to update the Council on the following: Budget Process to date — Budgeting by Priorities: October 2013 Joint Council /Staff workshop January 2014 Council Retreat to discuss a new budget approach, where the budget will focus on the City's priorities. March 2014 Community Budget Forum and Joint Council /Staff workshop May 2014 Administrative Team proposal development and review June 2014 Council finalizes the City's priorities June 2014 Administrative Team proposal evaluation and, prioritization 2015 -2016 Priorities: 1. Tukwila International Boulevard Community Transformation 2. Community Livability 3. Create Community Partners to Implement City -wide Plans and Visions 4. Develop /Implement Comprehensive Economic Development Plan 5. Continue to create a more effective organization 6. Improved communications and community identity • Continuing Initiatives currently underway: Priority 1— Tukwila International Boulevard (TIB) Community Transformation ❖ Neighborhood Resource Center • 8 Additional Police Officers • Trash clean -up along Tukwila International Boulevard Tukwila City Council Committee of the Whole Minutes July 28, 2014 Page 2 of 8 ❖ Tukwila Village Development ❖ TIB motel seizure and property redevelopment Priority 2— Community Livability ❖ 2014 Code Enforcement enhancement ❖ PROS plan complete ❖ Several elements of the Comprehensive Plan update are underway Priority 3 — Community Partners to Implement City -wide Plans and Visions ❖ Expanded collaboration with Tukwila School District ❖ Outreach to community through Community Connectors Priority 4 — Develop /Implement Comprehensive Economic Development Plan ❖ Reorganization of Economic Development division ❖ Economic element of Comprehensive Plan Priority 5 — Continue to create a more effective organization ❖ City -wide training to include: High Performing Organization, Cultural Competency and Lean Priority 6 — Improved communications and Community identity. ❖ Establishment of Communications Division; staffing of 3 ❖ 1 percent of Capital Improvement Program (CIP) Projects are dedicated to art Proposal Process: ❖ Solicited input from staff, over 70 proposals received. ❖ Proposals were logged, summarized, and organized by priority. ❖ Administrative Team members received packets containing the log, summary and proposals. ❖ Technology Committee established and convened to give guidance on technology proposals. ❖ Proposals were heard, discussed, evaluated and prioritized over the course of four weeks by the Administrative Team Proposals: Description Cost Estimate Priorities (Strategic Plan Goal) Legally Mandated .Public Defender caseload limitation $275,000 Tier One Code Enforcement $85,000 Goal 1. TIB Transformation Goal 2. Community Livability Public Records request assistance $97,000 Goal 5. Effective Organization Fire equipment acquisition $30,000 - $140,000 Goal 5. Effective Organization Tier Two Recreation after - school program $100,000 - $300,000 Goal 2. Community Livability Goal 3. Partners to Implement Plans Police recruiter .5 FTE $56,000 Goal 1: TIB Transformation Goal 2: Community Livability City Identity, communication strateqy $100,000 Goal 6: Communications and Identity Economic Development Plan $30,000 - $100,000 Goal 4: Economic Development Plan Tukwila City Council Committee of the Whole Minutes July 28, 2014 Page 3 of 8 Policy Considerations: • CIP timing and funding ❖ Debt issuance • Financial goals - structural balance, reserves •:• Interfund utility tax — status quo, rate reduction or sunset Dec 2015 •• New or increased revenues or expenditure reduction Ms. McCarthy conducted a detailed review of the General Obligation Bond debt service and the governmental fund balances. Next Steps: August: September: October: November: December: Develop budget draft 2014 2nd Quarter Financial Report Debt policy to Finance and Safety Committee Council presentation of the draft budget and CIP Presentation of proposed budget to City Council Public Hearing on proposed budget Budget adoption The Councilmembers exchanged comments and asked clarifying questions of Ms. McCarthy on elements of the presentation to include: Request that staff provide the budget and CIP documents to Council one week prior to the September 2nd Regular Meeting; Appreciation of the collaboration between the Council and City Administration that was reflected in the organized presentation; and a request to have the detailed information associated with the 7 successful proposals included in the materials for Council review. CITIZEN COMMENTS Dave Sabey, 12201 Tukwila International Boulevard (TIB), said he is present this evening to congratulate the City on the upcoming groundbreaking ceremony for Tukwila Village. He offered his appreciation to the City staff and City Council for the positive changes taking place along Tukwila International Boulevard. Mr. Sabey reminisced about the various changes along TIB over the years and the City working together with the stakeholders in making the improvements. He feels the Tukwila Village Development is a big win for the City. Additionally, he is excited about the addition of Tukwila School District Superintendent Dr. Nancy Coogan. He voiced his support for the addition of a transit center in the north end of the City. There are several thousand jobs in that area that could benefit from the additional transit center, and he urged the Council to continue working with Sound Transit on this issue. SPECIAL ISSUES a. A resolution authorizing the transfer of funds from various funds to the Facility Replacement Fund to purchase properties in the Urban Renewal area. Councilmember Seal indicated this item was discussed at the Finance and Safety Committee meeting on July 22, 2014. The committee members were unanimous in recommending approval. Peggy McCarthy, Finance Director, explained staff is seeking Council approval of a resolution that would authorize the transfer of funds for an interfund loan from the General Fund, Contingency Fund, and /or other funds to the Facility Replacement Fund for up to $6,000,000.00 for up to 12 months in order to cover the cost of purchasing properties in the City's Urban Renewal area. In August 2013 the federal government seized three properties, two of which the City had previously identified for redevelopment. The forfeiture cases are moving quickly, the appraisals are complete, and the motels will be available for purchase in the next few weeks. Until bond financing can be secured, the interfund loan will allow the City to purchase the properties. Once the bonds have been sold, the interfund loans will be repaid. The Council asked clarifying questions and exchanged comments on the proposed resolution. After Council discussion, there was a request to have the Council be notified upon completion of the interfund Tukwila City Council Committee of the Whole Minutes July 28, 2014 Page 4 of 8 loan. Ms. McCarthy.commented that information on the completion of the interfund loan would be included in the City Administrator Report. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. An Interlocal Agreement between the City of Tukwila and the Tukwila Pool Metropolitan Park District (TPMPD) relating to operations of the Tukwila Pool. Councilmember Seal indicated this item was discussed at the Community Affairs and Parks Committee meeting on July 15, 2014. The committee members forwarded the item to the Committee of the Whole for discussion. The Tukwila Pool Metropolitan Park District ( TPMPD) is recommending revisions to the current Interlocal Agreement (ILA) for Pool Operations and Support Services with the City of Tukwila. At the June 25, 2014 TPMPD Board Meeting, the Board approved additional changes that must subsequently be approved by the City Council. David Cline, City Administrator, explained that when he presented this item at the June 23, 2014 Committee of the Whole Meeting, he had not been apprised of additional changes the TPMPD Board was to consider at their June 25, 2014 meeting. The proposed agreement before the Council is the final agreement that the TPMPD Board Attorney provided to the Tukwila City Attorney. Mr. Cline stated the City will exercise the termination clause to cease services at the end of 2014, and City staff will work with the community and TPMPD on a smooth transition. Councilmember Seal was asked to convey that Councilmember Duffie is not in favor of the proposed ILA. She stated the City has done a wonderful job operating the pool, and would have liked to retain those services. She stated,that she concurs with Councilmember Duffie. Councilmember Kruller voiced her appreciation for the positions of Councilmembers Duffie and Seal. She commented on the history of the ILA between the City and the TPMPD, and she feels it would be best to have the ILA finalized. Council President Quinn commented that a lot has changed relating to the future operations of the Tukwila Pool and the ILA could be moot. The City has stated they intend to terminate the support services provided to the TPMPD. He asked Mr. Cline to address the language relating to the City providing a work plan. Mr. Cline stated the City will not be creating a work plan for the TPMPD. The City's intent to cease operations is very clear. However, the City will work towards a smooth transition to the TPMPD for operating the pool. Councilmember Robertson commented that the language in the ILA requiring the City to prepare a work plan for the TPMPD would be a wasted effort by the City. He feels that responsibility will fall to the new Aquatics Manager. He is confident that all parties will work together to ensure a smooth transition to a self- operated model. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. Amendments to the Ethics Code. Councilmember Seal indicated this item was discussed at the Finance and Safety Committee meeting on July 8, 2014. The committee members forwarded this item to the Committee of the Whole for discussion. Several iterations of a process to address allegations of ethics violations by elected officials have been discussed in Committee since 2013. On June 3, 2014 the Finance and Safety Committee decided to move forward with the creation of an Ethics Board comprised of Chairs or Chair's designee from the City's five existing Commissions. The Council is being asked to approve two ordinances that would create Tukwila Municipal Code (TMC) Chapter 2.97, "Code of Ethics for Elected Officials," and provide Tukwila City Council Committee of the Whole Minutes July 28, 2014 Page 5 of 8 amendments to TMC Chapter 2.95, "Code of Ethics," relating to employees and appointed officials. At the June 19, 2014 meeting, the Committee decided that the role of the Ethics Board would be to make an initial determination of sufficiency and, upon receipt of findings of fact by an independent investigator, determine whether or not the violation occurred and then draft a recommendation to the Council. Councilmember Seal referred to page 64 of the agenda packet, specifically the language (Section 3, 2.97.020, Definitions) relating to "appearance of impropriety." She explained the Committee had several detailed discussions on this portion of the draft ordinance. Councilmember Robertson expressed his appreciation for the Finance and Safety Committee's work on this issue. He concurred with the recommendation by the Committee relating to the creation of an Ethics Board and separating the code into two chapters. He explained that in 2013, at the request of then Council President Hougardy, he conducted research on the issue of language contained within Ethics Codes for other jurisdictions. He distributed a spreadsheet for the Council to review regarding his findings, and he reviewed the findings with the Council. He referred to pages 64 and 65 of the agenda packet, specifically the grayed sections of the draft ordinance. As the findings show, Tacoma and Tukwila are the two cities that have language associated with an "appearance of impropriety." Councilmember Robertson suggested the following edits to text on page 64 and 65 of the agenda packet. Section 2, 2.97.010 "Purpose, ": A. It is the policy of the City of Tukwila to uphold, promote and demand the highest standard of ethics from all of its Elected Officials. Elected Officials shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties; avoid any improprieties or material misrepresentations regarding their roles or authority as public servants including the as defined herein; and never use their City positions or powers for improper personal gain. Section 3, 2.97.020 "Definitions ": 1. "Appearance of impropriety" refers to a situation which to a reasonable person without knowledge of the specific circumstances might seem to raise ethical issues. An example of such conduct could be when a person regularly and reliably collects money for his or her employer in his or her personal and givc rise to suspicion. 2. - -- - - the interests of the City or its citizens. 2.97.030 Prohibited Conduct The following shall constitute violations of this Code of Ethics: 1. General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated in a conflict of interest or impropriety, or an appearance of conflict of interest or impropriety, no current Elected Official should be involved in any activity that might be seen as conflicting with the conduct of official City business. Councilmember Seal said the Committee struggled with the "appearance of impropriety" language. Recently she read a very interesting law article that referenced the same definition that is included in the draft ordinance. The definition is a commonly used term and lawyers and judges have wrestled with the same language. David Cline, City Administrator, explained the draft ordinance for the Elected Officials was mirrored from the existing Ethics Code. He asked if the intent is to have the changes made in both of the draft ordinances. Council President Quinn answered in the affirmative. Tukwila City Council Committee of the Whole Minutes July 28, 2014 Page 6 of 8 Councilmember Robertson suggested one last amendment to page 68 of the agenda packet to include the following: 2.97.050 Complaint Process A. A complaint that this Code of Ethics has been violated may be filed with any one of the following officers, or his /her designee(s): 1. Mayor; or 2. City Attorney, or 3. Council President. The Councilmembers exchanged comments on the amendments proposed by Councilmember Robertson. After Council discussion, there was consensus to incorporate the proposed amendments. Councilmember Kruller asked if the draft ordinance includes language that will provide notification to the individual that has a complaint filed against them. Mr. Cline explained that Rachel Turpin from the City Attorney's Office will be present at the August 4, 2014 Regular Meeting, and she can provide an answer at that time. COUNCIL CONSENSUS EXISTED TO FORWARD THESE ITEMS AS AMENDED TO THE NEXT REGULAR MEETING. d. A resolution regarding the "Tukwila, City of Opportunity Scholarship" program. Councilmember Seal indicated this item was discussed at the Finance and Safety Committee meeting on July 8, 2014. The committee members were unanimous in recommending approval. The draft resolution would amend the "Tukwila, City of Opportunity Scholarship" program by increasing the funding level and refining procedures in response to the lessons learned during the inaugural 2014 process. The following are the proposed updates to the processes for the scholarship program: Demonstration of Substantial Financial Need: Administration recommended that the scholarship application be modified to include a financial section that requests the annual family income for the previous year and that eligibility is based on a family income that does not exceed 70 percent of the State's median income. After further discussion the Committee requested that the financial need continue to be based on the FAFSA Student Aid Report and would like the scholarship application to be amended to request that the applicant provide a written statement that describes his or her need for financial assistance. Members of the Selection Committee: It is recommended that the make -up of the selection committee include the Mayor and /or his designee, the Council President and /or a City Council representative, and up to two appointed City employees and School District representative(s). Award Amounts: It is recommended that the amount of the annual scholarship fund be increased from $4,000 to $10,000, with the minimum award amount being $1,000 and the maximum award amount being $5,000. This will allow the potential for additional recipients and more substantial scholarship awards. Eligibility of Immediate Family Members of City Employees and Elected Officials: It is a common practice for organizations that issue monetary awards to exclude employees and other individuals who are affiliated with the organization, as well as their family members, from eligibility to avoid a potential conflict of interest or the appearance of impropriety. After further discussion, committee members have opted to allow immediate family members of City employees and elected officials who meet all other eligibility requirements to apply for the scholarship, with the understanding that if a relative of a member of the Selection Committee submits an application, the committee member will recuse themselves from the rating and evaluation of that application. Tukwila City Council Committee of the Whole Minutes July 28, 2014 Page 7 of 8 The Councilmembers exchanged comments on the draft resolution. After Council discussion there was consensus to make the following changes: Section 4. Scholarship Selection Committee. A Scholarship Selection Committee shall be created and shall include the Mayor and /or his or her designee, the City Council President and /or another City Councilmember, and up to two City staff appointees and School District representative(s) who can fairly evaluate the level of academic and extracurricular activities represented in the scholarship applications. If a relative of a member of the Selection Committee submits an application, the committee member shall recuse him /herself themselves from the rating and evaluation of that application. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM AS AMENDED TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Haggerton stated that he participated in the Audit Exit Conference on July 22, 2014. He commented that it was a positive exit conference, and he reviewed information associated with the cost of the annual audit. On July 23, 2014, he attended the South Correctional Entity (SCORE) Board Meeting, where one topic of discussion included contracts that are being negotiated with the cities of Shoreline and Seattle. He explained Penny Bartley, CEO from SCORE, will update the Council at the August 4, 2014 Regular Meeting. On July 25, 2014 he and City staff met with King County Councilmember Joe McDermott. During the meeting they discussed issues of interest to the City, and provided a tour of the City for Mr. McDermott. Mr. McDermott will participate in a meeting with Governor Inslee later this week relating to the Streamlined Sales Tax. He reminded the Council of the services for Shelley Kerslake to be held at 3:00 p.m. on Wednesday, July 30, 2014 at Annie Wright School in Tacoma. b. City Council Councilmember Robertson updated the Council on his recent family vacation activities on Lopez Island. Councilmember Seal attended the National League of Cities' Council on Youth, Education, and Family meeting July 24 -25, 2014 in St. Paul, Minnesota. She updated the Council on some of the offerings for the area youth. She has received a complaint from an area resident who has been having an issue with the mail delivery. On July 26, 2014 she attended the Tukwila Pool Advisory Committee barbeque event in conjunction with the Touch -a -Truck event. Council President Quinn attended the Tukwila Pool Advisory Committee barbeque event on July 26, 2014 in conjunction with the Touch -a -Truck event. Councilmember Kruller attended the July 23, 2014 Tukwila Pool Metropolitan Park District Board meeting. On July 24 -26, 2014 she attended the National League of Cities' Transportation and Information Steering Committee meeting in St. Paul, Minnesota. She reviewed some of the topics of discussion with the Council and the interesting sites she visited while in Minnesota. She announced that the Church by the Side of the Road will be hosting a block party in conjunction with National Night Out Against Crime on August 5, 2014. c. Staff David Cline, City Administrator, reminded the Council of the Tukwila Village Groundbreaking event on Friday, August 1, 2014 beginning at 2:00 p.m. arid the National Night Out Against Crime events on Tuesday, August 5, 2014. He updated the Council on the staff assistance provided to the Williams family as it relates. to the issues they raised at the July 21, 2014 Regular Meeting. Additionally, he has received information that the City is a 2014 award recipient from the Washington Chapter of the American Planning Association for the Community Connectors Program. Tukwila City Council Committee of the Whole Minutes July 28, 2014 Page 8 of 8 d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental The Council Analyst was not present. MISCELLANEOUS Councilmember Kruller read a letter to the Council that she received from a concerned individual relating to the closure of the park- and -ride lot on Interurban Avenue. Mr. Cline clarified that King County Metro is responsible for the park- and -ride lots in the City. He explained that King County Metro closed the lot when they were not able to reach an agreement on a new lease for use of the property. The City has been trying to work with Metro on the issue. However, they are firm on the price they will pay to lease land associated . with a park- and -ride lot. ADJOURNMENT 9:30 p.m. COUNCIL PRESIDENT QUINN DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. De'S-an Quinn, Council President Melissa Hart, Deputy City Clerk APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 08/11/2014 AVAILABLE ON THE CITY'S WEBSITE 08/12/2014